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Promod Chandra Deb & Ors Vs. The State of Orissa & Ors [1961] INSC 301 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 301 SC

Headnote :

The petitioners, who held Khor Posh grants from the rulers of Talcher, Bamra, and Kalahandi prior to the merger of these states with the Dominion of India, contested the constitutional validity of certain orders issued by the State of Orissa and the Union of India that annulled these grants. The pet...
Haji Sk. Subhan Vs. Madhorao [1961] INSC 302 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 302 SC

Headnote :

The respondent acquired an eight anna share at a revenue auction sale and took formal possession of that share on September 23, 1938. He relinquished his share in Khudkasht lands, which were then recorded as the occupancy lands of his wife and sons. In 1940, the appellant obtained a lease for those...
Harbans Singh & ANR Vs. State of Punjab [1961] INSC 303 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 303 SC

Headnote :

The High Court overturned the Trial Court\'s acquittal of the appellants and convicted them of murder under section 302 of the Indian Penal Code. In response to the appellants\' appeal for special leave, it was held that this Court has previously stressed that any interference with an acquittal shou...
The Municipal Committee, Raipur Vs. Phoolchand & Ors [1961] INSC 305 (20 October 1961)

Judgement Date : 20 Oct 1961

Citation : 1961 Latest Caselaw 305 SC

Headnote :

The respondents were engaged in the business of extracting oil from oil seeds. The appellant Municipality imposed an octroi duty of Rs. 4-11-0 percent ad valorem under item 44 of the goods schedule established by the Municipality\'s Rules. The respondents contended that they should be liable for oct...
The Additional Income-Tax Officer, Salem Vs. E. Alfred [1961] INSC 306 (20 October 1961)

Judgement Date : 20 Oct 1961

Citation : 1961 Latest Caselaw 306 SC

Headnote :

A person passed away without a will during his accounting year, leaving behind his son A, the respondent, and eight daughters. Following a notice issued under section 22(2) of the Income Tax Act, A was assessed under section 24(2) of the Act, and a demand notice was sent under section 29. The respon...
The Board of Trustees, Ayurvedic Andunani Tibia College, D Vs. The State of Delhi & ANR [1961] INSC 307 (23 October 1961)

Judgement Date : 23 Oct 1961

Citation : 1961 Latest Caselaw 307 SC

Headnote :

The Board of Trustees of the Ayurvedic and Unani Tibbia College in Delhi was established under the Societies Registration Act, 1860. It operated Tibbia College, Delhi, along with an associated hostel, and managed the Hindustani Dawakhana. The Tibbia College Act of 1952, passed by the Delhi State Leg...
Messrs. Burmah Construction Co. Vs. The State of Orissa & Ors [1961] INSC 308 (26 October 1961)

Judgement Date : 26 Oct 1961

Citation : 1961 Latest Caselaw 308 SC

Headnote :

The appellant, who had entered into works contracts, was assessed for sales tax for the quarters ending June 30, 1949, to March 31, 1954, and subsequently paid the tax. On August 9, 1954, the appellant submitted a writ petition to the High Court, seeking a declaration that the provisions of the Oris...
L. Janakirama Iyer & Ors Vs. P. M. Nilakanta Iyer & Ors [1961] INSC 309 (26 October 1961)

Judgement Date : 26 Oct 1961

Citation : 1961 Latest Caselaw 309 SC

Headnote :

These appeals stem from a representative lawsuit initiated on behalf of the creditors of defendants 1 to 6, who executed a trust deed on August 26, 1936. This deed transferred their properties to three trustees, granting them the authority to sell the properties and distribute the proceeds among the...
Shankar Balaji Waje Vs. State of Maharashtra [1961] INSC 310 (27 October 1961)

Judgement Date : 27 Oct 1961

Citation : 1961 Latest Caselaw 310 SC

Headnote :

The appellant owned a factory that produced bidis, and one laborer, referred to as P, along with others, rolled bidis using tobacco and leaves provided by the factory.The established facts were as follows: (1) There was no formal employment contract between the appellant and P. (2) P was not require...
The Jiyajeerao Cotton Mills Ltd. Vs. State of Madhya Pradesh [1961] INSC 311 (31 October 1961)

Judgement Date : 31 Oct 1961

Citation : 1961 Latest Caselaw 311 SC

Headnote :

The appellant mill generated electricity exceeding 100 volts solely for its own use. It contested the imposition of electricity duty by the Government of Madhya Pradesh under the C. P. and Berar Electricity Act of 1949, as amended by Madhya Pradesh Act 7 of 1956. The mill argued, first, that a prope...
Ramsaran Das And Bros. Vs. Commercial Tax Officer, Calcutta & Ors [1961] INSC 312 (31 October 1961)

Judgement Date : 31 Oct 1961

Citation : 1961 Latest Caselaw 312 SC

Headnote :

The appellant firm, acting as a middleman primarily involved in the sale of coal and coke during inter-State trade, was assessed for Central sales tax under section 8(2) of the Central Sales Tax Act, 1956, by the Commercial Tax Officer. Instead of utilizing the remedies available under the Act, the...
Ranbir, Singh Sehgal Vs. State of Punjab [1961] INSC 313 (2 November 1961)

Judgement Date : 02 Nov 1961

Citation : 1961 Latest Caselaw 313 SC

Headnote :

In May 1959, the appellant was incarcerated in Ambala Jail as an undertrial prisoner. Due to alleged jail offenses, the Jail Superintendent isolated him from other inmates and placed him in a separate cell. He was convicted in June 1960. Despite not being accused of any jail offenses or misconduct a...
Kesar Singh Vs. Balwant Singh [1961] INSC 314 (3 November 1961)

Judgement Date : 06 Nov 1961

Citation : 1961 Latest Caselaw 314 SC

Headnote :

In 1933, proceedings were initiated before the Sikh Gurdwaras Tribunal under the Sikh Gurdwaras Act, 1925 to determine whether the bunga in question belonged to the Golden Temple. During these proceedings, K and J asserted their ownership of the bunga, claiming descent from Maharaja Sher Singh, whic...
Devendra Pratap Narain Rai Sharma Vs. State of Uttar Pradesh [1961] INSC 315 (3 November 1961)

Judgement Date : 03 Nov 1961

Citation : 1961 Latest Caselaw 315 SC

Headnote :

The High Court annulled the dismissal order against the appellant, stating that he was given a reasonable opportunity before the penalty of dismissal was imposed, and thus he should be considered as still in service. Following this, the appellant was reinstated but was only paid a salary of Rs. 76-1...
The Rajah of Vizianagaram Vs. Official Receiver, Vizianagaram [1961] INSC 316 (6 November 1961)

Judgement Date : 06 Nov 1961

Citation : 1961 Latest Caselaw 316 SC

Headnote :

The company was established in England and leased certain land from the appellant. Following the appellant\'s request, the company was undergoing liquidation as an unregistered entity. Some foreign creditors submitted their claims to the official liquidator, but the appellant contested these claims,...
Gian Chand & Ors Vs. The State of Punjab [1961] INSC 317 (13 November 1961)

Judgement Date : 13 Nov 1961

Citation : 1961 Latest Caselaw 317 SC

Headnote :

Upon receiving information that smugglers were transporting gold from Amritsar to Jullundur, the police conducted a raid at the residence of the first appellant in Jullundur. During the search, several gold bars were discovered on some of the house\'s occupants and within the premises. The police se...
Issardas Daulat Ram & Ors Vs. The Union of India & Ors [1961] INSC 318 (13 November 1961)

Judgement Date : 13 Nov 1961

Citation : 1961 Latest Caselaw 318 SC

Headnote :

On September 14, 1954, the appellant sent a quantity of gold to a refinery in Bombay for melting. Upon receiving information that the gold being melted was suspected to be smuggled, customs authorities conducted inquiries at the refinery and seized the gold. The Collector of Customs determined that...
Bidi, Bidi Leaves' And Tobacco Merchants Association Vs. The State of Bombay [1961] INSC 319 (15 November 1961)

Judgement Date : 15 Nov 1961

Citation : 1961 Latest Caselaw 319 SC

Headnote :

According to section 3 of the Minimum Wages Act, 1948, the appropriate Government is empowered to establish minimum wage rates for workers in Scheduled employments, while section 5 outlines the process for setting and revising these minimum wages. On June 11, 1958, the State Government issued a noti...
Mysore Kirloskar Limited Vs. Workers of The Mysore Kirloskar Limited [1961] INSC 320 (15 November 1961)

Judgement Date : 15 Nov 1961

Citation : 1961 Latest Caselaw 320 SC

Headnote :

It was determined that, in line with the ruling in the Associated Companies Ltd case, the income tax deduction should be calculated based on the amount remaining after subtracting the full statutory depreciation from the gross profit.Additionally, it was established that the rate for return on worki...
The Calcutta Jute Mfg. Co. Ltd. Vs. Calcutta Jute Mfg. Workers' Union [1961] INSC 321 (16 November 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 321 SC

Headnote :

J, a sardar in the Batching Department of the appellant company, informed G, a supervisor in the same department, that R from the Spinning Department was discarding some usable roves as waste. Upon verifying the report, G, intending to file a complaint against R\'s actions, instructed J to retrieve...
Rikhabdas Vs. Ballabhdas & Ors [1961] INSC 322 (16 November 1961)

Judgement Date : 16 Nov 1961

Citation : 1961 Latest Caselaw 322 SC

Headnote :

An arbitration agreement was submitted to the court in accordance with section 20 of the Arbitration Act, 1940, leading to an order of reference. The arbitrator proceeded with the reference and subsequently filed his award with the court. However, the award was not stamped, and when an objection was...
Manohar Lal Chopra Vs. Rai Bahadur Rao Raja Seth Hiralal [1961] INSC 323 (16 November 1961)

Judgement Date : 16 Nov 1961

Citation : 1961 Latest Caselaw 323 SC

Headnote :

M initiated a lawsuit in Asansol against H for the recovery of funds. Subsequently, H countered by filing a lawsuit in Indore against M for the same purpose. In the Asansol case, H contended that the Asansol court lacked jurisdiction to hear the case. H requested the Asansol court to stay the procee...
The Kirloskar Oil Engines Ltd., Kirkee, Poona Vs. The Workmen & Ors [1961] INSC 324 (17 November 1961)

Judgement Date : 17 Nov 1961

Citation : 1961 Latest Caselaw 324 SC

Headnote :

Some disputes between the appellant and its employees were submitted to the industrial tribunal for resolution by the State Government in accordance with the Industrial Disputes Act, 1947. The tribunal\'s award included, among other things, (1) a stipulation that if a worker was required to work on...
M/S. Motipur Zamindary Co. (P) Ltd. Vs. The State of Bihar [1961] INSC 325 (20 November 1961)

Judgement Date : 20 Nov 1961

Citation : 1961 Latest Caselaw 325 SC

Headnote :

Under Section 6 of the Bihar Sales Tax Act, 1947, the Government issued a notification that exempted certain goods from sales tax, including \"green vegetables other than potatoes, except when sold in sealed containers.\" The appellant, a producer of sugar cane, was assessed for sales tax. He argued...
The Accountant General, Bihar & ANR Vs. N. Bakshi [1961] INSC 326 (21 November 1961)

Judgement Date : 21 Nov 1961

Citation : 1961 Latest Caselaw 326 SC

Headnote :

According to the Superior Civil Services (Revision of Pay and Pension) Rules, 1924, established by the Secretary of State for India-in-Council under the Government of India Act, 1919, members of the Indian Civil Service, along with their spouses and children, were entitled to passage benefits that w...
The Commissioner of Income-Tax, Madras Vs. K. T. M. T. M. Abdul Kayoom [1961] INSC 327 (23 November 1961)

Judgement Date : 23 Nov 1961

Citation : 1961 Latest Caselaw 327 SC

Headnote :

The assessee firm engaged in the business of buying and selling conch shells and secured a three-year lease to collect specific types of shells from the sea along the coastline of the South Arcot District. The firm aimed to deduct the lease payments from its business profits, arguing that this expen...
K. M. Nanavati Vs. State of Maharashtra [1961] INSC 328 (24 November 1961)

Judgement Date : 24 Nov 1961

Citation : 1961 Latest Caselaw 328 SC

Headnote :

The appellant, Nanavati, a Naval Officer, faced trial under sections 302 and 304 Part I of the Indian Penal Code for the alleged murder of his wife\'s lover. The prosecution\'s case was that on the day of the incident, his wife Sylvia admitted to him about her affair with Ahuja. In response, the acc...
The Management of Tocklai Experimental Station Vs. The Workmen & ANR [1961] INSC 329 (24 November 1961)

Judgement Date : 24 Nov 1961

Citation : 1961 Latest Caselaw 329 SC

Headnote :

The appellant, a research institution dedicated to enhancing tea quality, was overseen by the India Tea Association. Employees filed claims for (1) free housing or a suitable allowance in its place, and (2) a bonus. The tribunal, which the Government referred the case to, evaluated the appellant\'s...
Mohammad Serajuddin Vs. R. C. Mishra [1961] INSC 330 (24 November 1961)

Judgement Date : 24 Nov 1961

Citation : 1961 Latest Caselaw 330 SC

Headnote :

The individual in question was suspected of exporting goods subject to duty in violation of the Sea Customs Act and of hiding related documents at two locations. A request was submitted to the Chief Presidency Magistrate under section 172 of the Act to issue search warrants for these premises to loc...
P. Srinivasa Naicker Vs. Smt. Engammammal & ANR [1961] INSC 331 (28 November 1961)

Judgement Date : 28 Nov 1961

Citation : 1961 Latest Caselaw 331 SC

Headnote :

The official receiver sold the properties of the insolvents N and his sons, which were under mortgage. The properties were ultimately sold to the appellant, who made the highest bid. The first respondent filed an application under section 68 of the Provincial Insolvency Act, 1920, which the Subordin...
Birajmohan Das Gupta Vs. The State of Orissa & Ors [1961] INSC 332 (28 November 1961)

Judgement Date : 28 Nov 1961

Citation : 1961 Latest Caselaw 332 SC

Headnote :

The petitioners contested the legitimacy of a road transport service scheme sanctioned by the Government of Orissa under section 68D (2) of the Motor Vehicles Act, 1939, on several grounds: (1) inadequate notice was provided for the hearing of objections to the scheme, (2) the Minister for Transport...
The Additional Settlement Commissioner Vs. Yeshwant Madhao Mahajan [1961] INSC 333 (29 November 1961)

Judgement Date : 29 Nov 1961

Citation : 1961 Latest Caselaw 333 SC

Headnote :

In 1947, S transferred an undivided half share of land in his village to M through a sale deed. On the same day, S also executed a Kabulayat for a period of 5 years regarding the same land for cultivation purposes. In 1951, the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienat...
Trimbak Damodhar Raipurkar Vs. Assaram Hiraman Patil & Ors [1961] INSC 334 (29 November 1961)

Judgement Date : 29 Nov 1961

Citation : 1961 Latest Caselaw 334 SC

Headnote :

In February 1943, the appellant leased agricultural land to the respondent for a duration of five years.Before the lease term ended, the Bombay Tenancy Act of 1939 was applied to the area where the land was located, which under section 23(1)(b) extended the lease period to ten years by law. While th...
R. L. Arora Vs. State of U. P [1961] INSC 335 (1 December 1961)

Judgement Date : 01 Oct 1961

Citation : 1961 Latest Caselaw 335 SC

Headnote :

The Government took possession of the appellant\'s land to facilitate the establishment of a textile machinery parts factory by a company. The company was responsible for paying the full compensation for this acquisition. The Government believed that the company\'s products would benefit the public,...
Raja Ram Mahadev Paranjype & Ors Vs. Aba Maruti Mali & Ors [1961] INSC 336 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 336 SC

Headnote :

In the initial three appeals, the tenants had failed to pay rent for three years, and the landlords had issued proper notices terminating the tenancies. Consequently, the landlords obtained statutory rights to evict the tenants and sought possession of the lands from the Mamlatdar, as mandated by se...
Nilkanth Prasad & Ors Vs. State of Bihar [1961] INSC 337 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 337 SC

Headnote :

Under a scheme established and announced pursuant to the Motor Vehicles Act, a specific route was designated under section 68D of the Act, granting exclusive operating rights to Rajya Transport, Bihar on that route. This designated route was part of the larger routes on which the appellants were ope...
C. P. C. Motor Service, Mysore Vs. The State of Mysore & ANR [1961] INSC 338 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 338 SC

Headnote :

According to a plan for the takeover of specific stage carriage services, which was approved and announced by the State of Mysore under the provisions of Chapter IV-A of the Motor Vehicles Act, 1939, it was stipulated that: \"The State Transport Undertaking will operate services to the complete excl...
Smt. Sitabati Debi &.ANR. Vs. State of West Bengal & ANR [1961] INSC 339 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 339 SC

Headnote :

Prior to the Constitution (Fourth Amendment) Act of 1955, this Court had established in the case of Bhanit Munji [1955] 1 S.C.R. 777, along with other earlier rulings, that both clauses (1) and (2) of Article 31 of the Constitution pertained to laws empowering the State to acquire or requisition pro...
Jetha Nand Vs. The Hon'ble Judges of The Punjab High Court [1961] INSC 340 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 340 SC

Headnote :

The appellant, J, who was registered as an advocate in the Chief Court of Sind in May 1947, moved to India at the end of 1948 and began practicing in the courts of Delhi. However, the Chief Justice of the Punjab High Court barred the appellant from practicing as an advocate in Delhi\'s courts. At th...
Satish Churan Law Vs. H. K. Ganguly [1961] INSC 341 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 341 SC

Headnote :

A company was directed by the High Court of Calcutta to undergo liquidation. The Official Liquidator filed a request, along with a signed statement, seeking an order for the examination of the appellant, a former director of the company, regarding the company\'s affairs under section 477 of the Comp...
Hari Shankar Vs. Rao Girdhari Lal Chowdhury [1961] INSC 342 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 342 SC

Headnote :

In a case of ejectment under the Delhi & Ajmer Rent Control Act of 1952, the trial judge ruled in favor of the plaintiff, and this decision was upheld by the Additional District Judge on appeal under section 34 of the Act. Since the Act does not allow for a second appeal, a revision was filed agains...
M/S. Mathra Prashad and Sons. Vs. State of Punjab [1961] INSC 343 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 343 SC

Headnote :

Section 6(1) of the East Punjab General Sales Tax Act, 1948, stated that no tax would be due on the sale of goods listed in the Act\'s Schedule, and that dealers were prohibited from charging sales tax on goods that were \"declared tax-free from time to time.\" Sub-section (2) of section 6 authorize...
State of West Bengal Vs. M/S. B. K. Mondal and Sons [1961] INSC 344 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 344 SC

Headnote :

According to Section 70 of the Contract Act, \"if a person lawfully performs an act for another or delivers something to them, without intending to do so for free, and the other person benefits from it, they are obligated to compensate the first person for what was done or delivered.\" Furthermore,...
Karimbil Kunhikoman Vs. State of Kerala [1961] INSC 345 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 345 SC

Headnote :

The Kerala Agrarian Relations Act was challenged on multiple grounds.^ It was determined (per Gajendragadkar, Wanchoo, and Das Gupta, JJ.) that (1) the bill, initially passed by a Legislative Assembly that was subsequently dissolved, did not lapse when it was reconsidered and re-passed by a new asse...
Purushothaman Nambudiri Vs. The State of Kerala [1961] INSC 346 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 346 SC

Headnote :

The Kerala Agrarian Relations Bill was presented in the Kerala Legislative Assembly on December 21, 1957, and was eventually approved on June 10, 1959. The Governor of Kerala then reserved the Bill for the President\'s assent as per Article 200 of the Indian Constitution. However, on July 31, 1959,...
A. N. D'silva Vs. Union of India [1961] INSC 347 (6 December 1961)

Judgement Date : 06 Dec 1961

Citation : 1961 Latest Caselaw 347 SC

Headnote :

D, a Divisional Engineer in the Posts and Telegraphs department, was suspended due to irregularities in telephone allotments. The allegations against him included committing irregularities to obtain illegal benefits for himself and others, and facilitating his subordinates in accepting such illegal...
N. Masthan Sahib Vs. Chief Commissioner, Pondicherry [1961] INSC 348 (8 December 1961)

Judgement Date : 08 Dec 1961

Citation : 1961 Latest Caselaw 348 SC

Headnote :

The Supreme Court posed two inquiries to the Union Government: (i) whether Pondicherry was included within the territory of India, and (ii) if it was not, what the extent of jurisdiction was for both the Union Government and the French Government over the territory. The responses indicated that (i)...
Kalyan Singh Vs. State of U. P [1961] INSC 349 (11 December 1961)

Judgement Date : 11 Dec 1961

Citation : 1961 Latest Caselaw 349 SC

Headnote :

The appellant, whose stage carriage permit was about to expire, submitted a renewal application. This application was published in the Gazette, inviting objections. Subsequently, the State Government issued a notification proposing the nationalization of the route. The permit was renewed for three y...
Chhotabhai Jethabhai Patel and Co. Vs. The Union of India & ANR [1961] INSC 350 (11 December 1961)

Judgement Date : 11 Dec 1961

Citation : 1961 Latest Caselaw 350 SC

Headnote :

The appellants, engaged in the tobacco business, had a significant stock of tobacco in their licensed warehouse on February 28, 1951. On that same day, a Bill was introduced in the House of the People outlining the Government of India\'s financial proposals for the fiscal year starting April 1, 1951...
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