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Maharudrappa Danappa Kesarappanavar Vs. The State of Mysore [1961] INSC 51 (16 February 1961)

Judgement Date : 16 Feb 1961

Citation : 1961 Latest Caselaw 51 SC

Headnote :

The issue to be resolved was whether the Chairman of the Managing Committee of a Municipality, who had the authority to authorize payments for fixed recurring charges, qualified as a \"public servant\" under section 21 of the Indian Penal Code.It was determined that the authority to make payments fo...
The Prakash Cotton Mills (Private) Ltd. & Ors Vs. The State of Bombay (Now Maharashtra) [1961] INSC 52 (16 February 1961)

Judgement Date : 16 Feb 1961

Citation : 1961 Latest Caselaw 52 SC

Headnote :

The disagreements concerning the bonuses owed to the workers of the appellant mill and other cotton textile mills in Greater Bombay for the years 1952 and 1953 were submitted to the Industrial Court as per the provisions of the Bombay Industrial Relations Act, 1946. While these references were still...
Government of Uttar Pradesh & Ors Vs. Raja Mohammad Amir Ahmad Khan [1961] INSC 53 (16 February 1961)

Judgement Date : 16 Feb 1961

Citation : 1961 Latest Caselaw 53 SC

Headnote :

The respondent executed a document and submitted it to the Collector for his opinion regarding the applicable duty under section 31 of the Stamp Act. After consulting the Board of Revenue, the Collector assessed the duty owed. He subsequently impounded the document and instructed that the duty be pa...
China Cotton Exporters Vs. Beharilal Ramcharan Cotton Mills Ltd. [1961] INSC 54 (17 February 1961)

Judgement Date : 17 Feb 1961

Citation : 1961 Latest Caselaw 54 SC

Headnote :

The appellant had entered into a contract with its Italian suppliers for the shipment of 200,000 lbs. of cotton fiber in August 1950, and another for 300,000 lbs. for shipment in November/December 1950. On July 22, 1950, the appellant signed a contract with the respondent for the sale of 40,000 lbs....
Jute And Gunny Brokers Ltd.& ANR Vs. The Union of India & Ors [1961] INSC 55 (17 February 1961)

Judgement Date : 17 Feb 1961

Citation : 1961 Latest Caselaw 55 SC

Headnote :

The Government of India entered into a contract with the President of the Argentine Institute for Promotion of Trade to supply Hessian in exchange for licenses to ship foodstuffs purchased in Argentina to India. To implement this agreement, on September 30, 1946, orders were issued under rule 75A(i)...
Sarda Prasad & Ors Vs. Lala Jumna Prasad & Ors [1961] INSC 56 (20 February 1961)

Judgement Date : 20 Feb 1961

Citation : 1961 Latest Caselaw 56 SC

Headnote :

A decree issued on September 2, 1938, in a case concerning the partition of joint Hindu family property, allocated a house to J and his four minor sons. J did not carry out the decree. On November 23, 1949, the appellants, who are J\'s four sons, filed an application for the execution of the decree,...
The Custodian of Evacuee Property, Bangalore Vs. Khan Saheb Abdul Shukoor [1961] INSC 57 (20 February 1961)

Judgement Date : 20 Feb 1961

Citation : 1961 Latest Caselaw 57 SC

Headnote :

On July 7, 1949, the State of Mysore enacted the Mysore Administration of Evacuee Property (Emergency) Act, 1949, which included provisions for appointing a Custodian of Evacuee Property to manage evacuee property within the state. According to Section 6, the Custodian was required to publish a noti...
Smt. Padmini Kunwar Ju Sahiba Vs. State of Vindhya Pradesh [1961] INSC 58 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 58 SC

Headnote :

The manager of an undivided Hindu family, which included himself, his brother, and their step-mother, filed a lawsuit to recover the amount owed under a family mortgage. The step-mother, who had an interest in the mortgage, was not included as a party in the lawsuit.Although the manager (the first p...
Devidas & Ors Vs. Shrishailappa & Ors [1961] INSC 59 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 59 SC

Headnote :

In 1945, the Ruler of Panna granted a \"Lambardari lease\" in certain villages to the appellant. However, on January 1, 1954, a notification was issued under the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952, which led the respondent to resume the appellant\'s rights. The appellant...
The Commissioner of Income-Tax, Bombay. Vs. M/S. Filmistan Ltd. [1961] INSC 60 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 60 SC

Headnote :

The limitation period was presented, and the tax was paid after the deadline for filing the appeal had passed.It was determined that the phrase \"No appeal shall lie\" in the proviso to Section 30(2) of the Indian Income-tax Act indicates that an appeal cannot be considered properly filed until the...
Haridas Mondal Vs. Anath Nath Mittra [1961] INSC 61 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 61 SC

Headnote :

The appellant secured both a preliminary and a final mortgage decree against the respondent, followed by a personal decree for the outstanding debt after the sale of the mortgaged property. When the appellant sought to execute the personal decree, the respondent filed a suit for relief under section...
Commissioner of Income-Tax, Andhra Pradesh Vs. Mis. Bhikaji Dadabhai & Co [1961] INSC 62 (22 February 1961)

Judgement Date : 22 Feb 1961

Citation : 1961 Latest Caselaw 62 SC

Headnote :

The Income-tax Officer determined that the respondents\' accounting records were unreliable. After assessing the income for the Fasli year 1357, which corresponds to the year 1946-47, he issued a notice to the respondents on December 22, 1949, under section 40 of the Hyderabad Income-tax Act, reques...
Pratap Chand Vs. Ram Narayan & ANR [1961] INSC 63 (22 February 1961)

Judgement Date : 22 Feb 1961

Citation : 1961 Latest Caselaw 63 SC

Headnote :

Ramchandar executed a straightforward mortgage deed without transferring possession of his share in the disputed property to the respondents and others. The pertinent section of the deed stated: \"I hereby mortgage without possession half share, five annas and four pies, covering an area of 678-31 a...
State of Jammu Kashmir Vs. Mir Gulam Rasul [1961] INSC 64 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 64 SC

Headnote :

The Government of Jammu and Kashmir, based on the findings of its commission of enquiry, demoted the respondent who had previously been suspended. The respondent then approached the Jammu and Kashmir High Court under Article 32(2A) of the Constitution of India, as applicable to the State of Jammu an...
N. Kasturi Vs. D. Ponnammal & Ors [1961] INSC 65 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 65 SC

Headnote :

A testator, who had no children, created a will on April 28, 1937, and passed away on March 10, 1939, leaving behind his widow. In clause 6 of the will, he expressed his intention to adopt a boy and stated that if he did not complete the adoption during his lifetime, his wife would adopt K. He also...
Jibon Chandra Sarma Doloi Vs. Anandi Ram Kalita & Ors [1961] INSC 66 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 66 SC

Headnote :

The plaintiff-appellant initiated a lawsuit claiming that the lands in question were improperly transferred to the predecessors of the respondents. He argued that these lands were granted to the Bardeuries (officials) of a particular ancient temple in Assam to facilitate their service to the deities...
Raje Anandrao Vs. Shamrao & Ors [1961] INSC 67 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 67 SC

Headnote :

The appellant served as the trustee of a temple, which was established as a public endowment by his ancestors, while the respondents were the Pujaris who held hereditary rights to their positions.Due to dissatisfaction with the temple\'s management, a lawsuit was initiated under Section 92 of the Co...
E. Vs. Balakrishnan Vs. Mahalakshmi Ammal & ANR [1961] INSC 68 (24 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 68 SC

Headnote :

Viswanatha Iyer, who had two minor daughters but no sons, treated his brother Seetharama Iyer\'s son, the appellant, as a foster son. Before his death, he created a will that entrusted the management of his properties to his brother and stipulated that once his daughters reached adulthood, Seetharam...
Sriratnavaramaraja Vs. Smt. Vimla [1961] INSC 69 (27 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 69 SC

Headnote :

The issue at hand was whether the defendant had the right to raise a grievance and challenge the valuation of the disputed properties as if it were a matter between the plaintiff and himself, and whether he could seek the High Court\'s revisional jurisdiction regarding the order determining the cour...
Karumuthu Thiagarajan Chettiar& ANR Vs. E. M. Muthappa Chettiar [1961] INSC 70 (27 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 70 SC

Headnote :

The appellant and the respondent formed a written partnership regarding the management of two mills, stipulating that management would alternate every four years, with the appellant managing for the first four years, followed by the respondent for the next four years, and continuing in this manner t...
M. Vs. Joshi Vs. M. U. Shimpi & ANR [1961] INSC 71 (27 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 71 SC

Headnote :

The appellant was found to be selling butter that did not meet the required standards. He was convicted under section 16(1) in conjunction with section 7(1) of the Prevention of Food Adulteration Act, 1954, and was sentenced to two months of rigorous imprisonment along with a fine of Rs. 250/-. He a...
Khan Bahadur Shapoor Fredoom Mazda Vs. Durga Prosad Chamaria & Ors [1961] INSC 72 (1 March 1961)

Judgement Date : 01 Mar 1961

Citation : 1961 Latest Caselaw 72 SC

Headnote :

In a mortgage lawsuit initiated by him, the first respondent, the mortgagee, argued that the statute of limitations was extended due to a letter he received from the mortgagor, the second respondent, which constituted an acknowledgment under Section 19 of the Indian Limitation Act. Prior to this let...
Donald Miranda Vs. The Commissioner of Income-Tax, Bombay City-Ii [1961] INSC 73 (1 March 1961)

Judgement Date : 01 Mar 1961

Citation : 1961 Latest Caselaw 73 SC

Headnote :

The appellants were partners in a registered firm that was dissolved on March 24, 1945. A private limited company took over the business of the firm starting March 25, 1945.For the accounting period from April 1, 1944, to March 24, 1945, the firm was assessed for excess profits tax under the Excess...
M/S. Jeewanlal (1929) Ltd., Calcutta Vs. Its Workmen [1961] INSC 74 (3 March 1961)

Judgement Date : 03 Mar 1961

Citation : 1961 Latest Caselaw 74 SC

Headnote :

In 1929, a worker named Bbanu Bala began his employment with the appellant and resigned in 1957. During his tenure, he was absent from work without permission for almost 8 months, from February to October 1945. An agreement between the company and its workers included a provision stating that employ...
The Garment Cleaning Works Vs. Its Workmen [1961] INSC 75 (3 March 1961)

Judgement Date : 03 Mar 1961

Citation : 1961 Latest Caselaw 75 SC

Headnote :

The Industrial Tribunal, under Section 12 of the Industrial Disputes Act, 1947, established a gratuity scheme for the appellant company. The company contested the legality of certain provisions of the scheme on several grounds, including: (1) the scheme was based on individual units rather than an i...
Mohanlal Jain Vs. His Highness Maharaja Shri Sawai Man Singhji [1961] INSC 76 (3 March 1961)

Judgement Date : 03 Mar 1961

Citation : 1961 Latest Caselaw 76 SC

Headnote :

The appellant initiated a lawsuit to recover money owed for goods supplied to the Ex-Ruler of Jaipur.Later, section 87-B was added to the Code of Civil Procedure, extending the provisions of section 86, which pertains to lawsuits against rulers of foreign states, to the rulers of former Indian state...
Sonapur Tea Co., Ltd. Vs. Must. Mazirunnessa [1961] INSC 77 (4 March 1961)

Judgement Date : 04 Mar 1961

Citation : 1961 Latest Caselaw 77 SC

Headnote :

These appeals stemmed from two petitions submitted to the High Court under Article 226 of the Constitution, which contested the constitutional validity of the Assam Fixation of Ceiling on Land Holding Act, 1957. The High Court dismissed the petitions, ruling that the contested Act was safeguarded by...
The Commissioner of Income-Tax, Poona Vs. Buldana District Main Cloth Importers Group [1961] INSC 78 (6 March 1961)

Judgement Date : 06 Mar 1961

Citation : 1961 Latest Caselaw 78 SC

Headnote :

A distribution scheme for cloth was developed by the Deputy Commissioner of the District, who designated a group of individuals as exclusive agents for importing cloth from mills and distributing it to retailers. Although the composition of the group varied over time, one member, the firm \'H\', con...
Gurbachan Singh & Ors Vs. Puran Singh & Ors [1961] INSC 79 (6 March 1961)

Judgement Date : 06 Mar 1961

Citation : 1961 Latest Caselaw 79 SC

Headnote :

One individual, referred to as \'M\', executed a will that bequeathed the disputed property.A lawsuit was filed seeking a declaration, among other things, that the will was valid and that \'M\' lacked the authority to bequeath the land in question, as it was ancestral in nature according to the defe...
Jagannath Prasad Sharma Vs. State of Uttar Pradesh & Ors [1961] INSC 80 (6 March 1961)

Judgement Date : 06 Mar 1961

Citation : 1961 Latest Caselaw 80 SC

Headnote :

The appellant, a police officer, faced allegations of immorality, corruption, and serious neglect of duty. Following an investigation, the Governor of U.P. referred the matter to a Tribunal under section 4 of the U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947. On February 4, 195...
Bawa Harigir Vs. Assistant Custodian, Evacuee Property, Bhopal [1961] INSC 81 (7 March 1961)

Judgement Date : 07 Mar 1961

Citation : 1961 Latest Caselaw 81 SC

Headnote :

The petitioner acquired a parcel of land from R. R., who was identified as an intending evacuee and subsequently left for Pakistan. The Assistant Custodian issued a notice to the petitioner, requesting justification for why the land should not be classified as evacuee property. After considering the...
The Commissioner of Income-Tax, Madhya Pradesh Vs. Seth Khushal Chand Daga [1961] INSC 82 (7 March 1961)

Judgement Date : 07 Mar 1961

Citation : 1961 Latest Caselaw 82 SC

Headnote :

In the accounting year 1941, the profits of the assessee from his share in an unregistered firm were offset against his losses from his individual business. The Income Tax Officer calculated the loss to be carried forward at Rs. 53,840 but failed to inform the assessee in writing about the computed...
Dafedar Niranjan Singh & ANR Vs. Custodian, Evacuee Property (Pb.) & ANR [1961] INSC 83 (8 March 1961)

Judgement Date : 08 Mar 1961

Citation : 1961 Latest Caselaw 83 SC

Headnote :

The Custodian of Evacuee Property in Patiala took control of two houses according to the Patiala Evacuees (Administration of Property) Ordinance of Samvat 2004 (No. IX of 2004). However, after the appellant claimed ownership of the houses, the Custodian issued an order on June 6, 1949, releasing the...
Jagannath Agarwala Vs. State of Orissa [1961] INSC 84 (8 March 1961)

Judgement Date : 08 Mar 1961

Citation : 1961 Latest Caselaw 84 SC

Headnote :

The appellant had two financial claims against the Maharaja of Mayurbhanj State. Following the merger of the State with the Province of Orissa on January 1, 1949, Clause 9 of the Administration of Mayurbhanj State Order, 1949, issued by the Government of Orissa, mandated that a notification be publi...
The State of Andhra Pradesh Vs. Kandimalla Subbaiah & ANR [1961] INSC 85 (8 March 1961)

Judgement Date : 08 Mar 1961

Citation : 1961 Latest Caselaw 85 SC

Headnote :

The High Court annulled the charges against the respondents. The charge sheet indicated that accused individuals 1 to 9 were alleged to have violated Section 120B of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947, while accused No. 10 was charged under Sections 5(1)...
Bharoo Mal & Ors Vs. Custodian General, Evacuee Property [1961] INSC 86 (10 March 1961)

Judgement Date : 10 Mar 1961

Citation : 1961 Latest Caselaw 86 SC

Headnote :

The appellants exchanged their property in Pakistan for that of an evacuee in India. They sought confirmation of this transaction, which was initially granted by the Deputy Custodian. However, the Custodian later reviewed the decision, revoked the confirmation, and ordered the appellants to vacate t...
Md. Sharfuddin Vs. R. P. Singh & Ors [1961] INSC 87 (10 March 1961)

Judgement Date : 10 Mar 1961

Citation : 1961 Latest Caselaw 87 SC

Headnote :

The Assistant Custodian in Giridih issued a ruling stating that the appellant\'s properties were not classified as evacuee properties. Following this, the Custodian invoked Section 26(1) of the Administration of Evacuee Property Act, 1950, reviewed the case records, and after hearing from the appell...
The Commissioner of Excess Profits Tax, Hyderabad Vs. M/S. S. R. Vs. G. Press Company, Kurnool [1961] INSC 88 (10 March 1961)

Judgement Date : 10 Mar 1961

Citation : 1961 Latest Caselaw 88 SC

Headnote :

The respondents were eligible for a sales tax rebate on goods they purchased for their manufacturing operations. They utilized a legally permissible system, specifically section 233, which allowed them to pay sales tax provisionally based on the previous year\'s turnover. This provisional assessment...
Senairam Doongarmall Vs. Commissioner of Income-Tax, Assam [1961] INSC 89 (13 March 1961)

Judgement Date : 13 Mar 1961

Citation : 1961 Latest Caselaw 89 SC

Headnote :

The assessee, a Hindu undivided family, owned a tea estate in Assam that included a tea garden, factories, labor quarters, and staff accommodations. On February 27, 1942, military authorities requisitioned all factory buildings under the Defence of India Rules, although the tea garden remained under...
N. T. Patel and Company Vs. Commissioner of Income-Tax, Madras [1961] INSC 90 (13 March 1961)

Judgement Date : 13 Mar 1961

Citation : 1961 Latest Caselaw 90 SC

Headnote :

A partnership comprising four individuals was established on March 31, 1949, with a termination date set for March 31, 1954. On July 27, 1951, a fifth partner joined the partnership. Subsequently, on March 29, 1954, a new partnership was formed that included a sixth partner who contributed Rs. 40,00...
Dibakar Satpathy Vs. Hon'ble The Chief Justice and Judgesof The High Court of O [1961] INSC 91 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 91 SC

Headnote :

The appellant, an Under Secretary to the Board of Revenue, distributed the opinions of the Legal Remembrance and the Advocate General to the District Magistrates, along with a note instructing them to follow a procedure that contradicted the guidance provided by the High Court. This was to continue...
B. K. Kar Vs. The Chief Justice and His Companion Judges of The High Court [1961] INSC 92 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 92 SC

Headnote :

Following an order issued by the appellant, a Magistrate, G was granted possession of certain property on October 14, 1955.However, the High Court overturned this order on August 27, 1957, prompting the opposing party, S, to request redelivery of possession from the appellant on November 20, 1957. M...
Endupuri Narasimham and Son Vs. The State of Orissa & Ors [1961] INSC 93 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 93 SC

Headnote :

The petitioner, a registered dealer under the Orissa Sales Tax Act of 1947, was engaged in the business of buying and reselling castor seeds and other goods within the State of Orissa. In his registration application, he declared that the goods he purchased in Orissa would be resold within the same...
The Lokmanya Mills Vs. The Barsi Borough Municipality [1961] INSC 94 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 94 SC

Headnote :

The Bombay Municipal Boroughs Act of 1925 authorized municipalities to impose rates on land and buildings, which were to be assessed based on either the capital value or the annual letting value. The Act defined the annual letting value as the reasonable annual rent that could be expected for any bu...
Purshottam Lal Dhawan Vs. Dewan Chaman Lal & ANR [1961] INSC 95 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 95 SC

Headnote :

The appellant and the respondent, both displaced individuals from West Pakistan, were assigned land in the same village.Due to the influence of certain individuals, the initial land allotment was revoked, leading to a re-allotment. The respondent was dissatisfied with this decision and submitted a r...
Mritunjoy Pani & ANR Vs. Narmanda Bala Sasmal & ANR [1961] INSC 96 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 96 SC

Headnote :

A usufructuary mortgage bond was created in favor of the appellant\'s father, who took possession of the mortgaged property. One of the conditions of this mortgage stipulated that if the mortgagor failed to pay rent, the mortgagee was responsible for settling the overdue rent with the landlord. The...
M/S. Nand Lal Raj Kishan Vs. Commissioner of Sales Tax, Delhi & ANR [1961] INSC 97 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 97 SC

Headnote :

The petitioners challenged the validity of section 8A of the Bengal Finance (Sales Tax (Delhi Amendment) Act, 1956), which allows the Commissioner of Sales Tax to require dealers to provide security for tax payment. Their arguments were based on the following points: (i) the section granted the comm...
Ramavatar Budhaiprasad Vs. Assistant Sales Tax Officer, Akola [1961] INSC 98 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 98 SC

Headnote :

The petitioners, who were dealers in betel leaves, were subjected to sales tax assessments by the Assistant Sales Tax Officer in accordance with the C. P. and Berar Sales Tax Act of 1947.The petitioners argued that according to Section 6 in conjunction with the second schedule of the Act, betel leav...
Major Gopal Singh & Ors Vs. Custodian, Evacuee Property, Punjab [1961] INSC 99 (15 March 1961)

Judgement Date : 15 Mar 1961

Citation : 1961 Latest Caselaw 99 SC

Headnote :

The appellants, who are displaced individuals from West Pakistan, received quasi-permanent land allotments in the village of Raikot in 1949. On October 31, 1952, the Assistant Custodian revoked the allotments of 14 individuals in the village of Karodian and also cancelled the appellants\' allotment...
Kailash Chandra Vs. Union of India [1961] INSC 100 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 100 SC

Headnote :

The appellant, a clerk with the East Indian Railways, was mandatorily retired upon reaching the age of 55. After his request for continued service was denied, he initiated a lawsuit claiming he had the right to remain employed until the age of 60, as stipulated in Rule 2046 (2)(a) of the Railway Est...
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