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Bhau Ram Vs. B. Baijnath Singh & Ors [1961] INSC 101 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 101 SC

Headnote :

In a case initiated by the respondent to enforce the right of pre-emption against the appellant, the trial court dismissed the suit. However, on appeal, a decree was issued on March 24, 1952, stating that if the respondent paid the determined purchase price into court within four months, his title t...
Singhal Ajit Kumar & ANR Vs. Ujayar Singh & Ors [1961] INSC 102 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 102 SC

Headnote :

A Sudra Hindu passed away, leaving behind two widows and an illegitimate son from a long-term concubine. The son inherited half of the estate, while the widows received the other half. After the widows died without any daughters or grandsons, the reversioners initiated a lawsuit to reclaim the estat...
P. Vs. Bheemsena Rao Vs. Sirigiri Pedda Yella Reddi& Ors [1961] INSC 103 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 103 SC

Headnote :

The disputed property was granted as inam to the ancestors of the plaintiff-respondents for the purpose of performing parak service in specific temples. However, the grantees sold off a significant portion of the property and stopped fulfilling the parak service. Following a request from the trustee...
Keshavlal Mohanlal Shah Vs. The State of Bombay [1961] INSC 104 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 104 SC

Headnote :

The appellant, who served as a Magistrate, was dismissed from his position following a departmental inquiry. He was convicted under section 409 of the Indian Penal Code based on a complaint from the State Government. The argument presented was that the trial Magistrate should not have taken cognizan...
Thakur Bahadur Singh Vs. The State of Rajasthan & Ors [1961] INSC 105 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 105 SC

Headnote :

The petitioner was recognized as the rightful heir to the jagir following his father\'s death in July 1946, and the Government issued a renewal in his favor on March 8, 1952. According to Section 190 of the Marwar Land Revenue Act, the succeeding heir was required to execute a kabuliyat for the paym...
The Swadeshi Cotton Mills Co. Limited Vs. The State of U. P. & Ors [1961] INSC 106 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 106 SC

Headnote :

Clauses (c), (d), and (g) of Section 3 of the U.P. Industrial Disputes Act, 1947 authorize the State Government to issue general or special orders for the establishment of industrial courts, to refer any industrial dispute for conciliation or adjudication as specified in the order, and to address an...
The Durgah Committee, Ajmer Andanother Vs. Syed Hussain Ali & Ors [1961] INSC 107 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 107 SC

Headnote :

The Khadims of the tomb of Hazrat Khwaja Moin-ud-din Chishti in Ajmer challenged the constitutional validity of the Durgah Khwaja Saheb Act, 1955 (XXXVI of 1955) and certain specific sections through a petition filed under Article 226 of the Constitution in the Rajasthan High Court. The High Court l...
Salig Ram Vs. Munshi Ram & ANR [1961] INSC 108 (21 March 1961)

Judgement Date : 21 Mar 1961

Citation : 1961 Latest Caselaw 108 SC

Headnote :

M, a Hindu from the Brahmin community in the Amritsar District of Punjab, filed a lawsuit seeking to claim a half share of the property inherited from his biological paternal grandfather. Although his father had passed away before him, another son of the grandfather was still alive. M had been adopt...
Fazal Bhai Dhala Vs. Custodian-General of Evacuee Property, Delhi [1961] INSC 109 (21 March 1961)

Judgement Date : 21 Mar 1961

Citation : 1961 Latest Caselaw 109 SC

Headnote :

F, the appellant, and his brother A were partners in a hides and skins business. On August 10, 1949, A executed a deed of sale for certain immovable properties in Orissa and Madras, transferring them to F. Additionally, a deed of dissolution of the partnership was executed on August 12, 1949, statin...
Abdul Hakim Khan & Ors Vs. The Regional Settlement Commissioner [1961] INSC 110 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 110 SC

Headnote :

A Muslim passed away, leaving behind some property and multiple heirs. Among these heirs, some became evacuees, and their 4/7th share of the property was designated as evacuee property under section 7 of the Administration of Evacuee Property Act, 1950. Subsequently, efforts were made to separate th...
Abdullabhai M. Bhagat, Vs. The Income-Tax Officer, Special Circle,Madras [1961] INSC 111 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 111 SC

Headnote :

The petitioners, as partners of a registered firm, were subject to income tax assessments for the relevant assessment years.Subsequently, they disclosed their income under a \"Voluntary Disclosure Scheme\" concerning profits that had previously escaped assessment. Following the reassessment of the d...
Aniyoth Kunhamina Umma Vs. Ministry of Rehabilitation & Ors [1961] INSC 112 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 112 SC

Headnote :

The petitioner’s husband transferred certain property to her. A notice was issued to both the petitioner and her husband under Section 7 of the Administration of Evacuee Property Act, 1950, resulting in the husband being declared an evacuee and the property being classified as evacuee property by...
K. S. Nanji and Company Vs. Jatashankar Dossa & Ors [1961] INSC 113 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 113 SC

Headnote :

The appellants and respondents owned neighboring coal mines, and the current appeal stems from a lawsuit initiated by the respondents. They claimed that the appellants had encroached on their coal mines and extracted coal from the encroached area, which the respondents only discovered after receivin...
Lakshman Singh Kothari Vs. Smt. Rup Kanwar [1961] INSC 114 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 114 SC

Headnote :

For an adoption to be considered valid under Hindu Law, there must be a formal ceremony of giving and taking, applicable to both regenerate castes and Sudras.While there is no specific format mandated for this ceremony, the law stipulates that the natural parent must hand over the child, and the ado...
Sinha Govindji Vs. The Deputy Chief Controller Ofimports and Exports & Ors [1961] INSC 115 (23 March 1961)

Judgement Date : 23 Mar 1961

Citation : 1961 Latest Caselaw 115 SC

Headnote :

The petitioner, engaged in the manufacturing of celluloid and plastic bangles, was issued two licenses on January 18, 1960, and February 2, 1960, allowing him to import cellulose nitrate sheets for the periods of April/September 1950 and October/March 1960. Upon discovering that the petitioner lacke...
Devanagere Cotton Mills Ltd. Devanagere Vs. The Deputy Commissioner, Chitradurga & ANR [1961] INSC 116 (24 March 1961)

Judgement Date : 24 Mar 1961

Citation : 1961 Latest Caselaw 116 SC

Headnote :

The appellants refused to comply with the Deputy Commissioner\'s request to submit certain returns, arguing that under the Indian Cotton Cess Act, 1923, which was made applicable to the State of Mysore by the Part B States Laws Act, 1951, only the Collector had the authority to assess the cess. They...
The Orient Paper Mills Ltd. Vs. The State of Orissa & Ors [1961] INSC 117 (24 March 1961)

Judgement Date : 24 Mar 1961

Citation : 1961 Latest Caselaw 117 SC

Headnote :

The appellants, registered dealers under the Orissa Sales Tax Act of 1947, collected sales tax from buyers on all their sales, including those made to dealers in other states. They were assessed and paid tax on their total turnover, which included sales made outside of Orissa. However, following the...
Daryao & Ors Vs. The State of U. P. & Ors [1961] INSC 118 (27 March 1961)

Judgement Date : 27 Mar 1961

Citation : 1961 Latest Caselaw 118 SC

Headnote :

When the High Court dismisses a writ petition under Article 226 of the Constitution after a substantive hearing, citing that no fundamental right was established or violated, or that any violation was constitutionally justified, a subsequent petition to the Supreme Court under Article 32 on the same...
Jivabhai Purshottam Vs. Chhagan Karson & Ors [1961] INSC 119 (27 March 1961)

Judgement Date : 27 Mar 1961

Citation : 1961 Latest Caselaw 119 SC

Headnote :

Sub-section (2A) of Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948, as modified by the Amending Act of 1952, takes effect from the date the tenancy is terminated following the expiration of the notice of ejectment issued by the landlord under Section 34(1) of the Act, rather than...
S. N. Dutt Vs. Union of India [1961] INSC 120 (27 March 1961)

Judgement Date : 27 Mar 1961

Citation : 1961 Latest Caselaw 120 SC

Headnote :

The appellant was the sole owner of a business named S. N. Dutt SE Co. He issued a notice under section 80 of the Code of Civil Procedure to the respondent using the name \"S. N. Dutt & Co.\" After the required notice period, he initiated a lawsuit against the respondent, identifying himself as: \"S...
Raja Rameshwar Rao & ANR Vs. Raja Govind Rao [1961] INSC 121 (28 March 1961)

Judgement Date : 28 Mar 1961

Citation : 1961 Latest Caselaw 121 SC

Headnote :

While it is possible to acquire a limited interest in property through adverse possession, a permanent lease-like limited interest in a jagir cannot typically be obtained, as it is generally assumed to last for the lifetime of the grantee unless the grant specifies otherwise.Cases such as Sankaran v...
Messrs Ashok Leyland Ltd. Vs. The State of Madras [1961] INSC 122 (28 March 1961)

Judgement Date : 28 Mar 1961

Citation : 1961 Latest Caselaw 122 SC

Headnote :

The appellant company operated a factory in the State of Madras, where it produced, assembled, and sold motor vehicles, spare parts, and accessories. For the assessment year 1952-53, the sales tax authority calculated the appellant\'s taxable sales turnover for that year, excluding the value of vehi...
Hukum Singh & Ors Vs. The State of Uttar Pradesh [1961] INSC 123 (28 March 1961)

Judgement Date : 28 Mar 1961

Citation : 1961 Latest Caselaw 123 SC

Headnote :

The appellants, one of whom was wielding a hatchet and the others carrying lathis, were attempting to cross a field to reach a public passage with two loaded carts. They were confronted by an individual named \'H\' and his supporters, who sought to prevent their criminal trespass. It is alleged that...
M/S. Sainik Motors, Jodhpur & Ors Vs. The State of Rajasthan [1961] INSC 124 (28 March 1961)

Judgement Date : 28 Mar 1961

Citation : 1961 Latest Caselaw 124 SC

Headnote :

The petitioners, who were partners in a registered firm with public carrier and stage carriage permits, contested the constitutionality of specific provisions within the Rajasthan Passengers and Goods Taxation Act of 1959, the associated Rajasthan Passengers and Goods Taxation Rules of 1959, and a n...
M/S. Murlidhar Chiranjilal Vs. M/S. Harishchandra Dwarkadas & ANR [1961] INSC 125 (29 March 1961)

Judgement Date : 29 Mar 1961

Citation : 1961 Latest Caselaw 125 SC

Headnote :

The appellant entered into a contract with the respondent to sell certain canvas at a rate of Re. 1 per yard, with delivery to be made via railway receipt from Kanpur to Calcutta. The respondent was responsible for the transportation costs from Kanpur to Calcutta, and it was agreed that the railway...
Shew Bux Mohata & ANR Vs. Sm. Tulsimanjari Dasi & ANR [1961] INSC 126 (29 March 1961)

Judgement Date : 29 Mar 1961

Citation : 1961 Latest Caselaw 126 SC

Headnote :

On May 18, 1956, the Calcutta High Court issued a certificate at the request of the appellant, allowing him to appeal to the Supreme Court against the High Court\'s judgment and decree. According to Order 45, rule 7(1)(a) of the Code of Civil Procedure, 1908, the appellant was required to deposit th...
Mst. Jadao Bahuji Vs. Municipal Committee, Khandwa & ANR [1961] INSC 127 (29 March 1961)

Judgement Date : 29 Mar 1961

Citation : 1961 Latest Caselaw 127 SC

Headnote :

In 1922, the Municipal Committee of Khandwa introduced a tax on the ginning and pressing of cotton using steam or mechanical methods. This tax faced legal challenges, and in 1937, the Privy Council ruled that it had not been properly imposed. Subsequently, in 1941, the Governor enacted the Khandwa M...
M. A. Rahman & Ors Vs. The State of Andhra Pradesh [1961] INSC 128 (30 March 1961)

Judgement Date : 30 Mar 1961

Citation : 1961 Latest Caselaw 128 SC

Headnote :

The Madras Sales of Motor Spirit Taxation Act (Mad. VI of 1939) was extended to the State of Andhra Pradesh through the Madras Sales of Motor Spirit Taxation (Andhra Pradesh Extension and Amendment) Act (Andhra Pradesh V of 1958).The Act aimed to impose and collect a tax on the retail sales of motor...
Puranlal Lakhanpal Vs. The President of India & Ors [1961] INSC 129 (30 March 1961)

Judgement Date : 30 Mar 1961

Citation : 1961 Latest Caselaw 129 SC

Headnote :

Six seats are designated for the State of Jammu and Kashmir in the Lok Sabha, and elections for these seats would typically occur through direct voting as per Article 81(1) of the Constitution. However, the President altered this Article under Article 370(1) through Paragraph 5(c) of the Constitutio...
Raja Harish Chandra Raj Singh Vs. The Deputy Land Acquisition Officer & ANR [1961] INSC 130 (30 March 1961)

Judgement Date : 30 Mar 1961

Citation : 1961 Latest Caselaw 130 SC

Headnote :

Some lands owned by the appellant were acquired through compulsory means. On March 19, 1950, the Collector issued an award regarding the compensation amount, which was signed and filed in his office as mandated by Section 12(1) of the Land Acquisition Act.However, the appellant did not receive any n...
A. Vs. Venkateswaran, Collector of Customs, Bombay Vs. Ramchand Sobhraj Wadhwani & ANR [1961] INSC 132 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 132 SC

Headnote :

Under a license permitting the import of fountain pens valued at no less than Rs. 25 C.I.F., the respondent imported Sheaffer pens from Australia, which featured gold-plated nibs, caps, and clips. The customs authorities assessed the imported goods for duty under item 61(8) of the First Schedule to...
Dr. Zafar Ali Shah & Ors Vs. The Assistant Custodian of Evacuee Property, Jhansi [1961] INSC 133 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 133 SC

Headnote :

The Custodian of evacuee properties issued a declaration stating that two houses were classified as evacuee properties. A notice under section 7 of the Administration of Evacuee Property Act, 1950, which initiated the proceedings leading to this declaration, was served to two individuals identified...
Union of India Vs. Ghaus Mohammad [1961] INSC 134 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 134 SC

Headnote :

An order was issued under section 3(2)(C) of the Foreigners Act, 1946, stating that the respondent, \"a Pakistan national,\" must leave India within three days.The respondent approached the High Court of Punjab under Article 226 of the Constitution to annul the order, arguing that he was not a Pakis...
State of Andhra Pradesh Vs. Abdul Khader [1961] INSC 135 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 135 SC

Headnote :

The respondent was born in India in 1924 and lived there continuously until the end of 1954. He had been renting a shop in India for ten years until around 1958, and his family had always resided in India. At the end of 1954 or the beginning of 1955, he traveled to Pakistan, returning on January 20,...
Shri Mahadeo Paikaji Kolhe Yavatmal Vs. The State of Bombay [1961] INSC 136 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 136 SC

Headnote :

The petitioners contested the constitutional legitimacy of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which applied the provisions of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, to the regions of Vidarbha and Kutch. This Act had previou...
The Commissioner of Income-Tax, Bombay Vs. The SC India Steam Navigatlon Co. Ltd. [1961] INSC 137 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 137 SC

Headnote :

According to section 66(1) of the Indian Income-tax Act, 1922, \"the assessee or the Commissioner may, by application in the prescribed form, require the Appellate Tribunal to refer to the High Court any question of law arising from such order, and the Appellate Tribunal shall prepare a statement of...
B. Subbarama Naidu Vs. B. Siddamma Naidu & Ors [1961] INSC 138 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 138 SC

Headnote :

The appeal raised two key questions for determination: (1) whether the award was invalid due to the court\'s failure to adhere to the mandatory requirement of Section 23(1) of the Arbitration Act, 1940, which stipulates that the time frame for issuing the award must be specified in the order, and (2...
Akbar Khan Alam Khan & ANR Vs. The Union of India & Ors [1961] INSC 139 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 139 SC

Headnote :

A civil court is only barred from addressing the issue of whether, when, or how an individual has obtained citizenship of another country under section 9(2) of the Citizenship Act, 1955, in conjunction with rule 30 of the associated Rules. However, they are not restricted from resolving other matter...
Fida Hussain Vs. State of Uttar Pradesh [1961] INSC 140 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 140 SC

Headnote :

The appellant was born in India prior to the partition. He moved to Pakistan and returned to India in 1953 using a Pakistani passport and an Indian visa. He did not leave Pakistan before the visa\'s expiration date, which allowed him to stay in India. As a result, he was convicted for violating para...
Ghaurul Hasan & Ors Vs. The State of Rajasthan [1961] INSC 141 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 141 SC

Headnote :

The petitioners received certificates of registration as Indian Citizens under section 5(1)(a) of the Citizenship Act, 1955, from the Collector of Nagaur. Subsequently, the Collector issued orders to revoke these certificates. The authority to cancel was derived from section 10(2)(a) of the Citizens...
Bangalore Woollen, Cotton and Silk Mills Co. Ltd. Vs. Corporation of The City of Bangalore [1961] INSC 142 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 142 SC

Headnote :

The appellants in the two appeals, along with the petitioners under Article 32 of the Constitution, contested the constitutionality of the octroi duty imposed on cotton and wool. They argued that (1) the failure to publish the final resolution regarding the tax in the Government Gazette, as mandated...
The State of Bihar Vs. M/S. Karam Chand Thapar & Brothers Ltd. [1961] INSC 143 (7 April 1961)

Judgement Date : 07 Apr 1961

Citation : 1961 Latest Caselaw 143 SC

Headnote :

A disagreement arose between the respondent company and the Government of Bihar regarding the payments owed to the tile company for construction work performed for the Government, which was subsequently referred to arbitration. The agreement to initiate arbitration was signed on behalf of the Govern...
Madan Lal Arora Vs. Excise & Taxation Officer, Amritsar [1961] INSC 144 (7 April 1961)

Judgement Date : 07 Apr 1961

Citation : 1961 Latest Caselaw 144 SC

Headnote :

According to the Punjab General Sales Tax Act, 1948, dealers were required to submit their returns quarterly as per the established Rules and must provide supporting evidence for their returns if requested. If a dealer failed to comply, the assessing authority had the right to make an assessment bas...
Glass Chatons Importers & Users' Association Vs. Union of India [1961] INSC 145 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 145 SC

Headnote :

The appellants were importers and users of glass chatons, which could only be imported under a license issued by the licensing authorities in accordance with the Import and Export Control Act of 1947 and the Imports (Control) Order of 1955. Initially, the import was completely banned, but it was lat...
Ramdhandas & ANR Vs. The State of Punjab [1961] INSC 146 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 146 SC

Headnote :

Section 7 of the Punjab Shops and Commercial Establishments Act, 1958, stipulates that no individual shall be employed in an establishment for more than forty-eight hours in a week and nine hours in a single day. Additionally, Section 9 of the Act states that no establishment shall open before ten o...
Inder Singh Vs. Gurdial Singh [1961] INSC 147 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 147 SC

Headnote :

N, a Jat from the Ludhiana district, was the last male owner of the disputed property. He adopted the appellant in front of the village panchayat by distributing and executing an adoption deed in the appellant\'s favor. N lived with the appellant for a brief period, but shortly after, he left, revok...
Patneedi Rudrayya Vs. Velugubantla Venkayya & Ors [1961] INSC 148 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 148 SC

Headnote :

The respondents, referred to as 1 and 2, built a bund on their own property and excavated trenches to safeguard their lands from flooding caused by the waters of the Vakada drain. Consequently, the floodwaters flowing from the appellant\'s field to the north were unable to drain away, resulting in w...
Hiralal Patni Vs. Loonkaram Sethiya & Ors [1961] INSC 149 (11 April 1961)

Judgement Date : 11 Apr 1961

Citation : 1961 Latest Caselaw 149 SC

Headnote :

The John Mills, which included three textile mills and one flour mill, were co-owned by multiple individuals. The financier of the mills initiated legal proceedings to recover the owed amount. While the case was ongoing, a receiver was appointed to take control of the flour mill, but he was not auth...
M/S. Rajputana Textiles (Agencies) Ltd. Vs. The Commissioner of Income-Tax, Bombay City [1961] INSC 150 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 150 SC

Headnote :

The company in question was established with the goal of acquiring the Managing Agency of Apollo Mills from M/s. Sassoon.It involved a total of 25 lakh shares valued at Rs. 2 each. As per the agreement, the company was required to purchase the entire block of shares owned by the Sassoons at a price...
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