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State of Andhra Pradesh Vs. Kolla Sreerama Murthy [1962] INSC 118 (2 April 1962)

Judgement Date : 02 Apr 1962

Citation : 1962 Latest Caselaw 118 SC

Headnote :

The respondent was a dealer in gunny bags. He purchased gunnies from the Mills on terms of a written contract which was on a printed form. The Mills after receiving a part of purchase price, issued "delivery orders" directing the delivery of goods as per the contract. Instead of taking del...
State of Andhra Pradesh Vs. Duvvuru Balarami Reddy [1962] INSC 119 (2 April 1962)

Judgement Date : 02 Apr 1962

Citation : 1962 Latest Caselaw 119 SC

Headnote :

The, respondents has obtained leases for mining mica from the owners of a certain shrotriem village for one year with a stipulation that the lessors were bound to renew the leases for such periods as may be desired by the lessees. Shortly, there. After, the village was eanoified and the estate of...
The State of Madhya Pradesh Vs. Binod Mills Company Ltd. [1962] INSC 120 (3 April 1962)

Judgement Date : 03 Apr 1962

Citation : 1962 Latest Caselaw 120 SC

Headnote :

Sub-rule (1) of r. 4 of Sch. 1 to the Gwalior. War Profits Tax Ordinance, Samvat 2001, provided: "In computing the profits of a business carried on by a company, no deduction shall be made in respect of the remuneration paid to directors if during any part of the accounting period concerned, th...
The Cantonment Board, Ambala Cantt. Vs. Dipak Parkash & Ors [1962] INSC 121 (3 April 1962)

Judgement Date : 03 Apr 1962

Citation : 1962 Latest Caselaw 121 SC

Headnote :

One-half of bungalow No. 127-B, Bank Road, Ambala Cantt., was taken on lease by the Central Government and was being used by some Military Officer for his Residence The Assessment Committee of 'the Cantonment Board, Ambala, made an assessment of house-tax but the assessment list was signed Origi...
Trust Mai Lachmi Sialkoti Bradri Vs. The Chairman, Amritsar Imp povement Trust [1962] INSC 122 (4 April 1962)

Judgement Date : 04 Apr 1962

Citation : 1962 Latest Caselaw 122 SC

Headnote :

The Amritsar Improvement Trust framed a scheme under s. 3 of the Punjab Development and Damaged Areas Act, 1951, which empowered it to frame a scheme for the development of a damaged area, It passed a resolution to acquire certain property of the appellant for widening a road under the scheme. The a...
Raja Jagannath Baksh Singh Vs. The State of Uttar Pradesh & ANR [1962] INSC 123 (4 April 1962)

Judgement Date : 04 Apr 1962

Citation : 1962 Latest Caselaw 123 SC

Headnote :

This petition challenged the constitutional validity of a notice of assessment served under s.7 (2) of the U. P. Large Land Holdings Tax Act, 1957. The 'High Court had found against the petitioner. His case was that the relevant provisions of the Act were unconstitutional as the State Legislatur...
R. K. Dalmia Vs. Delhi Administration [1962] INSC 124 (5 April 1962)

Judgement Date : 05 Apr 1962

Citation : 1962 Latest Caselaw 124 SC

Headnote :

Appellant Dalmia was the Chairman of the Board of Directors and Principal Officer of the Bharat Insurance company and appellant Chokhani its agent in Bombay. Appellant Vishnu Prasad, nephew of Chokhani, was the nominal owner of Bhagwati Trading Company but its business was entirely conducted by Chok...
State of Bombay Vs. Sardar Venkat Rao Krishna Rao Gujar [1962] INSC 125 (6 April 1962)

Judgement Date : 06 Apr 1962

Citation : 1962 Latest Caselaw 125 SC

Headnote :

The proprietary interest of the respondent in his village was abolished by the M. P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, and all rights, title and interest were vested in the State by S. 4. Section 5(a) of the Act provide that where any "buildings&qu...
Sukhbans Singh Vs. State of Punjab [1962] INSC 126 (6 April 1962)

Judgement Date : 06 Apr 1962

Citation : 1962 Latest Caselaw 126 SC

Headnote :

The appellant was recruited as a Tehsildar in 1936 and as being selected by the Punjab Public Services Commission, he was appointed as an Extra Assistant Commissioner on probation in 1945. Later he was charge-sheeted and an enquiry was held against him as a result of which his increment was stopped...
East India Tobacco Co. Vs. State of Andhra Pradesh [1962] INSC 127 (6 April 1962)

Judgement Date : 06 Apr 1962

Citation : 1962 Latest Caselaw 127 SC

Headnote :

The appellants firms were doing business in the export of Virginia tobacco. The usual course of that business was stated to be that appellants first entered into contracts with their customers abroad for the sale of tobacco. and thereafter they purchased the requisite quantities of goods locally and...
The Automobile Transport(Rajasthan) Ltd. Vs. The State of Rajasthan & Ors [1962] INSC 128 (9 April 1962)

Judgement Date : 09 Apr 1962

Citation : 1962 Latest Caselaw 128 SC

Headnote :

Sub-section (1) of s. 4 of the Rajasthan 'Motor Vehicles Taxation Act, 1951, provided : "...... No motor vehicle shall be used in any public place or kept for use in Rajasthan unless the owner thereof has paid in respect of it, a tax at the appropriate rate specified in the schedule 5 to th...
Nawab Zain Yar Jung & Ors Vs. The Director of Endowments & Ors [1962] INSC 129 (9 April 1962)

Judgement Date : 09 Apr 1962

Citation : 1962 Latest Caselaw 129 SC

Headnote :

The appellants were appointed trustees by the Nizam of Hyderabad by a trust deed executed on Tune 14, 1951. On March 2, 1959, respondent No. 1, who was the Director of Endowments and joint Secretary, Board of Revenue, served a notice on the appellants calling upon them to register the said 470 trust...
Mst. Kharbuja Kuer Vs. Jangbahadur Rai [1962] INSC 130 (9 April 1962)

Judgement Date : 09 Apr 1962

Citation : 1962 Latest Caselaw 130 SC

Headnote :

R, the husband of the appellant, had separated from his uncle in 1924. After the death of R, J got a maintenance deed executed by the appellant containing recitals that there had been no separation between R. and.' J. The appellant filed a suit for a declaration of her title to the property and...
The High Court, Calcutta Vs. Amal Kumar Roy [1962] INSC 131 (9 April 1962)

Judgement Date : 09 Apr 1962

Citation : 1962 Latest Caselaw 131 SC

Headnote :

This was an appeal by special leave by the judges of the Calcutta High Court against the decision of the City Civil Court at Calcutta decreeing the respondent 1's suit. That respondent was a Munsif in the West Bangal Civil Service (judicial) and had issued an injunction in his own favour in a ca...
M/S. Chhotabhai Jethabhai Patel & Co. Vs. State of Uttar Pradesh [1962] INSC 132 (10 April 1962)

Judgement Date : 10 Apr 1962

Citation : 1962 Latest Caselaw 132 SC

Headnote :

The appellant firm was a registered dealer in biris under the Uttar Pradesh Sales Tax Act, 1943. The Sales Tax Officer assessed it to sales tax provisionally for the quarter from April 1, 1958, to June 30, 1958. The appellant moved the High Court under Art. 226 of the Constitution but the petition w...
Radhakrishnadas Vs. Kaluram [1962] INSC 133 (10 April 1962)

Judgement Date : 10 Apr 1962

Citation : 1962 Latest Caselaw 133 SC

Headnote :

R and his father executed a sale for Rs. 50,000/transfer. ring 16 annas interest in two villages belonging to the joint family ,together with sir and khudkashat lands........ as well as the cultivated and the uncultivated lands in the village with all the rights and privileges". Subsequen...
The Workmen of Western India Match Co. Ltd. Vs. The Western India Match Co. Ltd. [1962] INSC 134 (11 April 1962)

Judgement Date : 11 Apr 1962

Citation : 1962 Latest Caselaw 134 SC

Headnote :

R the respondent company has got a factory, with an office attached thereto, in Alambazar a suburb of Calcutta and also has its sales office in the commercial area of Calcutta. Without first giving a formal notice under s. 19(2) of the industrial Disputes Act, terminating an earlier settlement, t...
Kunj Beharilal Agarwal Vs. Union of India [1962] INSC 135 (11 April 1962)

Judgement Date : 11 Apr 1962

Citation : 1962 Latest Caselaw 135 SC

Headnote :

The petitioner was employed by the Ministry of Defence in 1942 as an Extra Temporary Establishment Clerk. As a result of certain orders. of the Government, there was an amalgamation of the services known as nonindustrial staff in the Extra Temporary Establishment with those in another parallel servi...
Dr. Indramani Pyarelal Gupta Vs. W. R. Nathu & Ors [1962] INSC 136 (11 April 1962)

Judgement Date : 11 Apr 1962

Citation : 1962 Latest Caselaw 136 SC

Headnote :

The appellants were members of the East India Cotton Association which was an association recognised by the Central Government under the Forward Markets Regulation Act, 1952. Prioi to December 1955, they had entered into "hedge contracts" in respect of cotton for settlements in February an...
J.Pandurangarao Vs. Andhra Pradesh Public Service commission [1962] INSC 137 (11 April 1962)

Judgement Date : 11 Apr 1962

Citation : 1962 Latest Caselaw 137 SC

Headnote :

In January 1962, the Andhra Pradesh Public Service Commission invited applications for selection for the posts of District Munsifs in the State of Andhra Pradesh. The petitioner applied but his application was rejected on the ground that he aid not fulfill the first condition in para 4A(1) of the Co...
M/S. Tulsidas Khimji Vs. Their Workmen [1962] INSC 138 (11 April 1962)

Judgement Date : 11 Apr 1962

Citation : 1962 Latest Caselaw 138 SC

Headnote :

The appellants are a registered partnership firm. The firm carries on business in the name of Messrs. Tulsidas Khimji. It has six partners. It carries on four different kinds of business. The respondents are workmen employed under the firm. Disputes arose between the appellants and the respond...
Kapur Chand Godha Vs. Mir Nawab Himayatalikhan Azamjah [1962] INSC 139 (12 April 1962)

Judgement Date : 12 Apr 1962

Citation : 1962 Latest Caselaw 139 SC

Headnote :

The Prince acknowledged in writing the purchase of the jewellery and the price thereof and passed various acknowledgments in respect of the debts due and the last of such acknowledgments was made for sum of Rs. 27,79,000. In April 1948, the appellants presented their bill and were informed in Januar...
Hindustan Ideal Insurance Co. Ltd. Vs. Life Insurance Corporation of India [1962] INSC 140 (12 April 1962)

Judgement Date : 12 Apr 1962

Citation : 1962 Latest Caselaw 140 SC

Headnote :

The Life Insurance business of the insurer. The Andhra insurance Company Ltd., vested in the Life Insurance Corporation of India and it became entitled in compensation under s. 16 of the Life Insurance Corporation Act. The Corporation made and offer of it and claimed various deductions. The 57 insur...
State of West Bengal Vs. S. N. Basak [1962] INSC 141 (12 April 1962)

Judgement Date : 12 Apr 1962

Citation : 1962 Latest Caselaw 141 SC

Headnote :

A Sub-Inspcctor of Police, Enforcement Branch, filed a report before the Police Officer-in-charge of a Police Station alleging that the respondent along with three others committed offences under ss.420, 120B read with s.420 Indian Penal Code. Thereupon a First Information Report was drawn up and in...
Achyut Adhicary Vs. State of West Bengal [1962] INSC 142 (12 April 1962)

Judgement Date : 12 Apr 1962

Citation : 1962 Latest Caselaw 142 SC

Headnote :

The appellant. was tried by the Sessions judge and acquitted of the charge of murder. On appeal the High Court convicted him and sentenced him to imprisonment for life. The appellant applied for and was granted a certificate under Art 134 (1) (c) of the Constitution for appeal to the Supreme Court o...
Amar Nath Dogra Vs. Union of India [1962] INSC 143 (15 April 1962)

Judgement Date : 15 Apr 1962

Citation : 1962 Latest Caselaw 143 SC

Headnote :

The appellant who obtained a monoply vend-licence for the retail sale of country-liquor, served during the subsistence of the license a notice under S. 80 of the Civil Procedure Code on the Government claiming damages for the alleged breach of certain stipulations. Thereafter the Excise Authorities...
Municipal Corporation of The City of Jabalpur Vs. State of Madhya Pradesh [1962] INSC 144 (16 April 1962)

Judgement Date : 16 Apr 1962

Citation : 1962 Latest Caselaw 144 SC

Headnote :

Acting under s. 38 (1) (f) of the C. P. Municipalities Act 1922, the Provincial Government, with the sanction of the Government of India, transferred certain Nazul Lands to the Municipal Committee to be used for the purposes of a garden. The 1922 Act was repealed by the City of Jabalpur Corporati...
State of West Bengal Vs. S. K. Ghosh [1962] INSC 145 (16 April 1962)

Judgement Date : 16 Apr 1962

Citation : 1962 Latest Caselaw 145 SC

Headnote :

The respondent, who was the Chief Refugee Administrator of Burma Refugee Organisation from November, 1942, to August 25) 1944, was tried under ss. 120B and 409 of the Indian Penal Code by the Second Special Tribunal, functioning under the Criminal Law Ordinance No. 29 of 1943 as amended by Criminal...
Nedunuri Kameswaramma Vs. Sampati Subba Rao [1962] INSC 146 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 146 SC

Headnote :

The appellant filed a suit for ejectment of the respondent from 4 80 acres of jeroyti land and for mesne profit, which was based on a kadapa executed by the respondent in 1951; agreeing to pay an annual rent, and to vacate the land peacefully at the end of the year of tenancy. Similar kadapas,wer...
Gambhir Mal Pandiya Vs. J. K. Jote Mills Co., Ltd., Kanpur & ANR [1962] INSC 147 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 147 SC

Headnote :

A contract entered into between the respondent company and a firm consisting of two partners, T and G, was signed by T. A dispute relating to the contract wag referred to arbitration in pursuance of the terms of the contract providing for such arbitration, and an award was given in favour of the com...
M/S. Surajmull Nagarmull Vs. State of West Bengal [1962] INSC 148 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 148 SC

Headnote :

The appellants were tenants of three warehouses and vacant land, which were used for storage of jute belonging to the appellants. By an order issued under r. 75A of Rules framed under the Defence of India Act, 1939, the warehouses were requisitioned by the Government. An arbitrator was appointed und...
Ramnath Verma Vs. State of Rajasthan [1962] INSC 149 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 149 SC

Headnote :

The Rajasthan State Roadways, which is a State Transport Undertaking, published five schemes under s. 68C of the Motor Vehicles Act. The State Government appointed the Legal Remembrance to hear objections filed, amongst others, by the appellants who were plying their buses on three of those five rou...
The Chief Commissioner, Ajmer Vs. Brij Niwas Das [1962] INSC 150 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 150 SC

Headnote :

The respondent was an exhibitor of films in a public cinema theatre. Under the powers conferred by s. 12(4) of the Cinematograph Act a notification was issued which among other things provided that a certain Percentage of "approved film" should be shown at every performance and ,that films...
The Government of Andhra Pradesh Vs. Syed Mohd. Khan [1962] INSC 151 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 151 SC

Headnote :

The Government of Andhra Pradesh ordered the respondents, who had come to India with Pakistan Passport, to remove themselves out of India within a specified date. The respondents filed writ petitions in the, High Court against the said orders and the single judge who heard them held inter alia that...
Ram Lal Kapur And Sons (P) Ltd. Vs. Ram Nath & Ors [1962] INSC 152 (18 April 1962)

Judgement Date : 18 Apr 1962

Citation : 1962 Latest Caselaw 152 SC

Headnote :

Against the judgment of the Single judge of the Punjab High Court dated January 5, 1953, in which he followed the decision of a Division Bench holding that s. 7A of the Delhi and Ajmer Rent Control Act, 1947, was unconstitutional and void, the appellants preferred an appeal under the Letters Patent....
Sree Raghuthilakathirthasreepadangalavaru Swamiji Vs. The State of Mysore & Ors [1962] INSC 153 (18 April 1962)

Judgement Date : 18 Apr 1962

Citation : 1962 Latest Caselaw 153 SC

Headnote :

The Mysore Tenancy Act, 1952, was enacted, inter alia, for the purpose of regulating the law which governed the relations of landlords and tenants of agricultural lands. Subsection (1) of s. 6 of the Act provided : "Notwithstanding any agreement, usage, decree or order of a court or any law,...
Shanti Prasad Jain Vs. The Director of Enforcement [1962] INSC 154 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 154 SC

Headnote :

The appellant had claims, for compensation against certain German firms in respect of machineries supplied by them to the appellant's concerns. The appellant went to Germany and arrived at settlements with the firms, under which the firms deposited certain sums of money with the Deutsche Bank in...
Vithal Yeshwant Jathar Vs. Shikandarkhan Makhtumkhansardesai [1962] INSC 155 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 155 SC

Headnote :

In 1863, the Watandar granted a permanent lease of watan lands at a fixed rent of Rs. 727/- per year. In 1907 the Watandar applied under s. 9 of the Watan Act for declaring the lease null and void and for possession of the lands. The Collector rejected the application but directed an additional a...
The Collector of Customs, Madras Vs. K. Ganga Setty [1962] INSC 156 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 156 SC

Headnote :

Item 42 of Part IV of the Import Trade Control Schedule permitted "fodder.... . " to be imported without a special import licence from a soft Currency area... Item 32 of the same Schedule related to "grain...... and included oats; and a licence was necessary for importing goods covere...
Kishinchand Chellaram Vs. Commissioner of Income-Tax,Central Bombay [1962] INSC 157 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 157 SC

Headnote :

Chellsons Ltd., a private Ltd. Company, declared dividends without taking into account the company's liability for taxation, including Extra Profits Tax. The dividends so declared were credited in the books of the company to the accounts of each of the share-holders. Share-holders in their retur...
Firm Gulam Hussain Haji Yakub &Sons Vs. State of Rajasthan [1962] INSC 158 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 158 SC

Headnote :

The appellant firm was made liable to pay Rs. 24,395/as customs duty for exporting charcoal from the State Sirohi and as it did not deposit the amount the collector of Sirohi, on the requisition of the customs authorities, issued a notice for recovery of the said amount under the Public Demands Reco...
G. Gilda Textile Agency Vs. State of Andhra Pradesh [1962] INSC 159 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 159 SC

Headnote :

The appellant was an agent in Andhra Pradesh of certain nonresident principals who were dealers in cloth. received commission in some cases on the orders booked and in others on all the sales effected by the principals in the territory. One kind of transactions it carried on in course of its busines...
Lachhman Das On Behalf of Firmtilak Ram Ram Bux Vs. State of Punjab & Ors [1962] INSC 160 (23 April 1962)

Judgement Date : 23 Apr 1962

Citation : 1962 Latest Caselaw 160 SC

Headnote :

On May 5, 1948, the rulers of eight States, including the States of Patiala and Nabha,entered into a covenant merging all the said States for the establishment of a new State, called the Pepsu Union. By Art. VI of the covenant all the rights, authority and jurisdiction of the Ruler in relation to Go...
The Kalyan People's Co-Operative Bank Vs. Dulhanbibi Aqual Aminsaheb Patil [1962] INSC 161 (23 April 1962)

Judgement Date : 23 Apr 1962

Citation : 1962 Latest Caselaw 161 SC

Headnote :

The dispute between the appellant a cooperative bank and A who had taken loan and his surety was referred to arbitration under s. 54 of the Bombay Go-operative Societies Act. The Board of Arbitrators consisted of three members; after the Board has recorded some evidence, the nominee of the borrow...
Upper Doab Sugar Mills Ltd. Vs. Shahdara (Delhi) Saharanpurlight Railway Company Ltd. [1962] INSC 162 (23 April 1962)

Judgement Date : 23 Apr 1962

Citation : 1962 Latest Caselaw 162 SC

Headnote :

A complaint was made by the appellant to the Railway Rates Tribunal against station, to station rates as being unreasonable on sugarcane imposed by the respondent Railway Co. by their rates circular No. 8 of 1953 with effect from October 1, 1953. The Railway company in their answer pointed out that...
T. R. Bhavani Shankar Joshi Vs. Somasundara Moopanar [1962] INSC 163 (24 April 1962)

Judgement Date : 24 Apr 1962

Citation : 1962 Latest Caselaw 163 SC

Headnote :

The property in suit belonged to what was known as the Tanjore Palace Estate. The appellant became owner of the property in 1936 by virtue of a sale on foot of a mortgage decree obtained by his father in a suit of 1926. The respondent bad been in possession of the property by virtue of a lease deed...
M. G. Agarwal Vs. State of Maharashtra [1962] INSC 164 (24 April 1962)

Judgement Date : 24 Apr 1962

Citation : 1962 Latest Caselaw 164 SC

Headnote :

Appellant Agarwal was an Income Tax Officer and appellant Kulkarni, a clerk under him. They were put up for trial along with another clerk of the Department on several charge the principal charge being that they had entered into a criminal conspiracy to obtain for themselves pecuniary advantage in t...
S. S. Garewal Vs. Messrs. Bhowra Kankanee Colleries [1962] INSC 165 (26 April 1962)

Judgement Date : 26 Apr 1962

Citation : 1962 Latest Caselaw 165 SC

Headnote :

The Government of India under s. 24 of the Mines Act, 1952, ordered an enquiry into the disaster in the respondent's colliery. The Court of inquiry submitted its report to 476 September 26, 1955, and found inter-alia that the accident was due to the negligence on the part of the management and t...
V. T. S. Chandarasekhara Mudaliar (Died) & Ors Vs. Kulandaivelu Mudaliar & Ors [1962] INSC 166 (26 April 1962)

Judgement Date : 26 Apr 1962

Citation : 1962 Latest Caselaw 166 SC

Headnote :

The appellants, the nearer sapindas of the husband of the 2nd respondent who had adopted the 1st respondent, the son of her agent, filed a suit for a declaration that the adoption was invalid on the ground that they had properly refused their consent and that the remote sapinda who had given his con...
Baleshwar Rai & Ors Vs. The State of Bihar [1962] INSC 167 (26 April 1962)

Judgement Date : 26 Apr 1962

Citation : 1962 Latest Caselaw 167 SC

Headnote :

Section 162 of the Code of Criminal Procedure only bare proof of statement made to an investigating officer during the course of investigation. It does not say that every statement made during the period of investigation is barred from being proved in evidence. For a statement to come within the pur...
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