Caselaw | Supreme Court Judgements of september 1961

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Bhagwan Dayal Vs. Mst. Reoti Devi [1961] INSC 262 (4 September 1961)

Judgement Date : 04 Sep 1961

Citation : 1961 Latest Caselaw 262 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Headnote :

One L was living with his sons K and j in the village. He was not in affluent circumstances. K left the ancestral home; he first joined military service and then police service. He gave up service and started a business with his savings. He brought his nephews R (husband of the respondent) and B (ap...

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Union of India Vs. Mohindra Supply Company [1961] INSC 263 (5 September 1961)

Judgement Date : 05 Sep 1961

Citation : 1961 Latest Caselaw 263 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A dispute between the appellant and the respondent arising out of a contract for the supply of fuel was referred to arbitration. The arbitrators gave an award directing the appellant to pay a certain sum of money to the respondent and filed the award in the court of the Subordinate judge. The app...

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Mst. Gulab Bai Vs. Manphool Bai [1961] INSC 264 (5 September 1961)

Judgement Date : 05 Sep 1961

Citation : 1961 Latest Caselaw 264 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent had sued the appellant 2 on a rent note in the Munsiff's court for recovery of Rs. 700/as arrears of rent and ejectment. That suit was dismissed on the preliminary objection of defect of party as appellant 1, a colessor in the rent note, had not been made a party. The respondent t...

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Tori Singh Vs. The State of Uttar Pradesh [1961] INSC 265 (12 September 1961)

Judgement Date : 12 Sep 1961

Citation : 1961 Latest Caselaw 265 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The deceased was going to his field and passed by a platform on which T and his father B were sitting, T carrying a pistol with him. As he passed by the platform B instigated T to shoot the deceased down and T shot him. T and B were tried for the murder and were convicted on the basis of the testimo...

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Raghubar Dayal Jai Prakash Vs. The Union of India & Ors [1961] INSC 266 (12 September 1961)

Judgement Date : 12 Sep 1961

Citation : 1961 Latest Caselaw 266 SC

Constitution of India
Forward Contracts (Regulation) Act, 1952

Headnote :

Traders like the petitioner combined together to form an association the objects of which were to regulate forward transactions in the sale and purchase of gur and other commodities entered into between the members of the association, as also to declare the rates at which the contracts were to be se...

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Goswami Shree Vallabhalalji Vs. Goswamini Shree Mahalaxmi Bahuji Maharaj [1961] INSC 267 (13 September 1961)

Judgement Date : 13 Sep 1961

Citation : 1961 Latest Caselaw 267 SC

Headnote :

The first respondent on the death of her husband who was a descendant of the famous Vaishnava teacher Vallabhacharyaji and was possessed of certain Devattar properties belong to the Thakur of which be was the Shebait, adopted her sister's husband as a son under the Goda Dattak Custom of adoption...

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Dr. H. S. Rikhy & Ors Vs. The New Delhi Municipal Committee [1961] INSC 268 (13 September 1961)

Judgement Date : 13 Sep 1961

Citation : 1961 Latest Caselaw 268 SC

Delhi and Ajmer Rent Control Act, 1952
Punjab Municipal Act, 1911
Section 53A. TPA Part performance.

Headnote :

The respondent Municipal Committee, in pursuance of a resolution passed by it, called for tenders and put the respondents, who made the highest offers, into possession of certain shops and premises on amounts varying from Rs. 135-8-0 to Rs.520 payable for every month. After they had continued in pos...

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Ramratan & Ors Vs. The State of Rajasthan [1961] INSC 269 (13 September 1961)

Judgement Date : 13 Sep 1961

Citation : 1961 Latest Caselaw 269 SC

IPC Section 307. Attempt to murder

Headnote :

The appellants were convicted on a charge of murder on the sole testimony of one witness. Another prosecution witness deposed that the former witness told him immediately after the incident that the appellants were responsible for the murder. The question which arose was whether it was necessary for...

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The State Vs. Captain Jagjit Singh [1961] INSC 270 (14 September 1961)

Judgement Date : 14 Sep 1961

Citation : 1961 Latest Caselaw 270 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The respondent who was a former Captain of the Indian Army and was employed in the delegation in India of a French Company was prosecuted along with two others for conspiracy and passing on Official Secrets to a foreign agency under ss.3 and 5 of the Official Secrets Act. His application for bail wa...

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Abhiraj Kuer Vs. Debendra Singh [1961] INSC 271 (15 September 1961)

Judgement Date : 15 Sep 1961

Citation : 1961 Latest Caselaw 271 SC

Headnote :

The appellant as reversioner sued for a declaration that the adoption of respondent 1 by respondent 2 to her deceased husband was invalid in law and respondent 1 acquired no right to the properties left by the husband of respondent 2. The parties were governed by the Banaras School of Mitakshal a...

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Sunkavilli Suranna & Ors Vs. Goli Sathiraju & Ors [1961] INSC 272 (18 September 1961)

Judgement Date : 18 Sep 1961

Citation : 1961 Latest Caselaw 272 SC

Headnote :

The lands in question which were within the permanently settled Zamindari in the then presidency of Madras, belonged to T who, during his lifetime, was cultivating the lands. He died in 1885 leaving behind, inter alia, three daughters. After the death of the three daughters, the last having di...

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Mool Chand Sharma Vs. State of Uttar Pradesh [1961] INSC 273 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 273 SC

Headnote :

The appellant was the President of a Municipal Committee. A written notice of the intention to move a motion of no confidence in the President signed by nine members of the Board was delivered to the District Magistrate under s. 87-A sub-s. (2)of the U.P. Municipalities Act, 1916. The District Magis...

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Abdul Kadir Shamsuddin Bubere Vs. Madhav Prabhakar Oak [1961] INSC 274 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 274 SC

Headnote :

An agreement with regard to a forest was entered into between B the appellant and 0 and A the respondents. Apart from 0 and A another person was also interested in the said forest. The said agreement mentioned other earlier agreements entered into with, regard to the said forest. The operative part...

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M/S. Bharat Sugar Mills Ltd. Vs. Shri Jai Singh & Ors [1961] INSC 275 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 275 SC

Industrial Disputes Act, 1947

Headnote :

Certain workmen of the appellant resorted to "go slow". The appellant held, a domestic enquiry and as a result thereof decided to dismiss 21 workmen. After considerable delay it made an application under s. 33 of the Industrial Disputes Act, 1947, for permission to dismiss these workmen....

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Magiti Sasamal Vs. Pandab Bissoi [1961] INSC 276 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 276 SC

Code of Civil Procedure, 1908 (CPC)
Orissa Tenancy Act, 1913

Headnote :

The appellant filed in the Civil Court a suit for permanent injunction restraining the respondents from entering the lands in suit on the allegation that the lands belonged to him and were in his cultivatory possession for many years and that the respondents had no right or title to them and had nev...

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Badri Narayan Singh Vs. Kamdeo Prasad Singh & ANR [1961] INSC 277 (22 September 1961)

Judgement Date : 22 Sep 1961

Citation : 1961 Latest Caselaw 277 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

The Election Tribunal on the petition of the first respondent set aside the election of the appellant holding that the appellant as a Ghatwal, was not a holder of office of profit, and t hat he was guilty of corrupt practices. The Election Tribunal however did not entertain the first respondent'...

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Immani Appa Rao & Ors Vs. Gollapalli Ramalingamurthi & Ors [1961] INSC 278 (22 September 1961)

Judgement Date : 22 Sep 1961

Citation : 1961 Latest Caselaw 278 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The conveyance in suit was the result of a collusive plan between respondent 1 and respondent 2 to defraud the latter's creditors. The agreement was that respondent 1 was to act as the benamidar for respondent 2 and his sons, the appellants. The fraud succeeded and the creditors of respondent 2...

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State of Bihar Vs. Lt. Col. K. S. R. Swami [1961] INSC 279 (22 September 1961)

Judgement Date : 22 Sep 1961

Citation : 1961 Latest Caselaw 279 SC

Bihar Private Forest Act, 1947
Forest Rules
Forest Rules
Indian Forest Act, 1927
Indian Forest Act, 1927

Headnote :

The respondent was the tenant of a tract of land which formed part of a forest and continued to remain in possession thereof after the Zermindari interest of the proprietor became vested in the State Government under the Bihar Land Reforms Act, 1952. The Government notified its intention to constitu...

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In The Matter of Mr. 'A' An Advocate Vs. [1961] INSC 280 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 280 SC

Headnote :

Mr. A, an Advocate on Record of this Court, wrote letters soliciting clients. One of such letters, a post-card was addressed to the Law Minister of Maharashtra and ended as follows,- "You might have got an Advocate on Record in this Court but I would like to place my services at your disposal i...

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Sakal Papers (P) Ltd., & Ors Vs. The Union of India [1961] INSC 281 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 281 SC

Constitution of India
Newspaper (Price and Page) Act, 1956

Headnote :

The Newspaper (Price and Page) Act, 1956, empowered the Central Government to regulate the prices of newspapers in relation to their pages and sizes and to regulate the allocation of space for advertising matter. Under this Act the Central Government made the Daily Newspapers (Price and Page) Order,...

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The Collector of Customs, Madras Vs. Nathella Sampathu Chetty & ANR (and Connected Cases) [1961] INSC 282 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 282 SC

Constitution of India

Manohar Lal Vs. The State [1951] INSC 36 (23 May 1951)

Headnote :

Under the powers conferred by s. 8(1) of the Foreign Exchange Regulation Act, 1947, the Central Government issued a notification on August 25, 1948, placing a ban on the importation of gold except with the permission of the Reserve Bank. Section 23A of the Act, which was introduced by an amendment i...

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Jawaharlal, Burman Vs. Union of India [1961] INSC 283 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 283 SC

Headnote :

The appellant and the, respondent nominated their arbitrator who heard the matter at length and the proceedings had reached a stage when an award might have been pronounced. It was then that the appellant chose to obstruct the further progress of the proceedings by raising the plea that there was...

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The Bombay Union of Journalists & Ors Vs. The, Hindu', Bombay, & ANR [1961] INSC 284 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 284 SC

Industrial Disputes Act, 1947

Headnote :

The first respondent, the 'Hindu', Bombay, which was a newspaper establishment terminated the services of the third appellant as its correspondent and declined to accede to the request of the latter for his re-instatement. His case was taken up and supported by the Bombay Union of journalist...

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Sivayogeswara Cotton Press,Devangere & Ors Vs. M. Panchaksharappa & ANR [1961] INSC 285 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 285 SC

Headnote :

The material-terms of the lease in. controversy provided that for the first 20 years the lessee was to pay a fixed rent of Rs. 350/every year in advance and if if removed his factory within that period be-would still have to pay the 'said rent for the twenty years retaining his right to possessi...

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Munlappan Vs. State of Madras [1961] INSC 286 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 286 SC

Headnote :

It was alleged that the appellant had stabbed the deceased E. Soon after E was stabbed, he was taken to the Police Station where the Sub-Inspector immediately started recording his statement. After E had spoken one complete sentence, he could not speak any further and it was found that he had in fac...

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B. K. Wadeyar Vs. M/S. Daulatram Rameshwarlal [1961] INSC 287 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 287 SC

Constitution of India

Headnote :

The respondents firm claimed exemption from Sales Tax under Art. 286(i)(b) of the Constitution in respect of sales 925 made by them of cotton and castor oil on the ground that the sales were on F.O.B. contracts under which they continued to be the owners of the goods till those crossed the custom ba...

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Burmah Shell Oil Storage ANR Distributing Co., of India Vs. The Commercial Tax Officer & Ors [1961] INSC 288 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 288 SC

Aircraft Act, 1934
Constitution of India
Indian Aircraft Rules, 1920

Headnote :

The appellant companies which were carrying on business in Calcutta in petroleum and petroleum products maintained supply depots at Dum Dum Airport from which motor spirit for B the purposes of aviation was sold and delivered to aircraft which either proceeded to foreign countries directly from that...

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L. Hazari Mal Kuthiala Vs. The Income-Tax Officer, Special Circle, Ambala Cantt [1961] INSC 289 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 289 SC

K. S. Srinivasan Vs. Union of India [1958] INSC 12 (18 February 1958)
The Income-Tax Officer, Bangalore Vs. K. N. Guruswamy [1958] INSC 49 (28 April 1958)
Pannalal Binjraj Vs. Union of India [1956] INSC 86 (21 December 1956)

Headnote :

The appellant firm which carried on business as forest lessees and timber merchants in the former Kapurthala State was assessed to, and paid, income tax, for the account year 1945-46 under the Income-tax law which was then in force in the said State. Subsequently Kapurthala State integrated into wha...

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Mannalal Jain Vs. The State of Assam & Ors [1961] INSC 290 (29 September 1961)

Judgement Date : 29 Sep 1961

Citation : 1961 Latest Caselaw 290 SC

Co-operative Societies Act, 1912
Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

In exercise of the powers conferred by s. 3 of the: Essential commodities Art, 1955, the Assam Government made the Assam Foodgrains (Licensing and Control) Order, 1961. This Order provided that no person could do business in foodgrains including, rice and paddy, in wholesale quantities except und...

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Mrs. Dossibai N. B. Jeejeebhoy Vs. Khemchand Gorumal & Ors [1961] INSC 291 (29 September 1961)

Judgement Date : 29 Sep 1961

Citation : 1961 Latest Caselaw 291 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Headnote :

The appellant took lease of an open land for construction of buildings suitable for residential, business, industrial or office purposes. The appellant brought suits in the City Civil court, Bombay, for the recovery of arrears of rent in respect of premises built on the said open land, all within th...

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Uppalapati Veera Venkatasatyanarayanaraju and, another Vs. Josyula Hanumayamma & ANR J. C. Shah [1961] INSC 292 (29 September 1961)

Judgement Date : 29 Sep 1961

Citation : 1961 Latest Caselaw 292 SC

Headnote :

In the present suit for possession the courts found that none of the parties had a legal title to the property in the dispute and in determining which of the parties had possessory title to the said property the trial court found that on the death of the daughter of the original owner the so called...

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