Caselaw | Supreme Court Judgements of december 1962

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Purshottamdas Thakurdas Vs. Commissioner of Income-Tax, Bombay [1962]344 (4 December 1962)

Judgement Date : 04 Nov 1962

Citation : 1962 Latest Caselaw 344 SC

Headnote :

The assessee submitted his estimate of income for advance payment of tax under s. 18-A, in which he did not include his dividend income. The Income-tax Officer held that under s. 18-A(2) the assessee was bound to include in his estimate, and to pay advance super-tax, on his dividend income. Since th...

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R. S. Pandit Vs. State of Bihar [1962]345 (4 December 1962)

Judgement Date : 04 Dec 1962

Citation : 1962 Latest Caselaw 345 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 225. Trial to be conducted by Public Prosecutor
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was convicted under sub-section (1) read with sub-section (3) of s. 5 of the Prevention of Corruption Act, 1947, and sentenced to rigorous imprisonment for three years, The High Court confirmed the conviction and sentences 653 passed on him. He came to this court by special leave. It w...

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M. Narayanan Nambiar Vs. State of Kerala [1962]346 (5 December 1962)

Judgement Date : 05 Dec 1962

Citation : 1962 Latest Caselaw 346 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was convicted under s.5(1)(d)of the Prevention of Corruption Act, 1947, on the ground that by abusing his position as a public servant he obtained an assignment of Government land in the name of his brother-in-law without revealing the relationship and by undervaluing the trees standin...

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Akadasi Padhan Vs. State of Orissa [1962]347 (5 December 1962)

Judgement Date : 05 Dec 1962

Citation : 1962 Latest Caselaw 347 SC

Constitution of India
Orissa Kendu Leaves (Control of Trade) Act, 1961

Headnote :

Prior to 1961, the petitioner used to carry on extensive trade in the sale of Kendu leaves. In 1962, the State of Orissa acquired a monopoly in the trade of Kendu leaves and put restrictions on the fundamental rights of the petitioner. Three notifications were issued by the State on January 8, 1962,...

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Seth Banarsi Das Vs. The Cane Commissioner & ANR [1962]348 (6 December 1962)

Judgement Date : 06 Dec 1962

Citation : 1962 Latest Caselaw 348 SC

Constitution of India

Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Headnote :

Certain disputes arose between the appellant and the Cane Marketing Society Ltd., Bijnor. The appellant preferred a claim to the Cane Commissioner for compensation for short supply of Sugar-cane. The Society also moved the Cane Commissioner for arbitration. The Commissioner passed an order calling u...

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Ramji Missir & ANR Vs. The State of Bihar [1962]349 (6 December 1962)

Judgement Date : 06 Dec 1962

Citation : 1962 Latest Caselaw 349 SC

Indian Penal Code, 1860 (IPC)
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
Probation of Offenders Act, 1958

Headnote :

The appellants, R and B, who were brothers, were prosecuted for having assaulted S who as a result suffered grievous injuries. Both the appellants were found guilty by the Assistant Sessions judge, and sentenced to various terms of imprisonment. While B was convicted under ss. 307 and 326 of the Ind...

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The Indian Oxygen Limited Vs. Workmen & Ors [1962]350 (6 December 1962)

Judgement Date : 06 Dec 1962

Citation : 1962 Latest Caselaw 350 SC

Headnote :

The appellant contended that though the wage scales were fixed in 1949, as in 1957, the question of revision of wage scales had been brought before another Tribunal which refused revision except in the case of Mazdoors 1 and 2, revision ought not to have been allowed and that the Tribunal had compar...

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Phool Chand Sharma & Ors Vs. Chandra Shanker Pathak & Ors [1962]351 (7 December 1962)

Judgement Date : 07 Dec 1962

Citation : 1962 Latest Caselaw 351 SC

Headnote :

The father of respondent No. 1, who was the Zamindar, filed a suit for the eviction of Ramprasad, the father of appellants, from certain plots of land. The suit was decreed and the Zamindar took possession of the land. Ramprasad filed an appeal before the Additional Commissioner but the same was dis...

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Patna Improvement Trust Vs. Smt. Lakshmi Devi & Ors [1962]352 (7 December 1962)

Judgement Date : 07 Dec 1962

Citation : 1962 Latest Caselaw 352 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A common question of law arose in these appeals namely, whether the Bihar Town Planning and Improvement Trust Act, 1951 (Act 35 1951), replaced the Land Acquisition Act (1 of 1894) in the matter of acquisition of land for the said Trust and whether the notifications issued by the Government of Bihar...

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Corporation of The City of Nagpur Vs. The Nagpur Handloom Cloth Market Co. Ltd. [1962]353 (7 December 1962)

Judgement Date : 07 Dec 1962

Citation : 1962 Latest Caselaw 353 SC

City of Nagpur Corporation Act, 1948

Headnote :

The Nagpur Handloom Cloth Market Company Ltd. constructed in the City of Nagpur on plots owned by it a number of buildings with two floors, the ground floor intended to be used as shops and the first floor to be used for residential purposes. For the use of the shops lavatories connected with the se...

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Ram Lochan Ahir Vs. State of West Bengal [1962]354 (10 December 1962)

Judgement Date : 10 Dec 1962

Citation : 1962 Latest Caselaw 354 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 364. Kidnapping or abducting in order to murder

State of U. P. Vs. Deoman Upadhyaya [1960] INSC 107 (6 May 1960)

Headnote :

The appellant was tried by the jury for kidnapping and committing the murder of one Pancham Sukla. The jury returned a verdict of guilty against him under ss. 364 and 302 of the Indian Penal Code. The Sessions judge accepted the verdict and sentenced him to death under s. 302 and to rigorous impriso...

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Rai Sahib Ramdayal Ghasiramoil Mills Vs. The Labour Tribunal & ANR [1962]355 (10 December 1962)

Judgement Date : 10 Dec 1962

Citation : 1962 Latest Caselaw 355 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The appellant concern was closed on tile ground that it incurred heavy losses. Thereupon the workmen raised an industrial dispute and they were awarded retrenchment benefits. About two years later the appellant concern was reopened. But only some of the former workers re-employee along with some new...

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Pearey Lal Vs. Rameshwar Das [1962]356 (10 December 1962)

Judgement Date : 10 Dec 1962

Citation : 1962 Latest Caselaw 356 SC

Ram Gopal Vs. Nand Lal & Ors [1950] INSC 31 (14 November 1950)

Headnote :

In the year 1897, one Girdhari Lal executed a will bequething his property to his wife Mst. Kishen Dei and adopted son. The adopted son predeceased Girdhari Lal. After the death of Girdhari Lai his wife executed a will bequething the property in dispute i. e. the house to her brother's grands...

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National Insurance Co. Ltd,, Calcutta Vs. Life Insurance Corporation of India [1962]357 (11 December 1962)

Judgement Date : 11 Dec 1962

Citation : 1962 Latest Caselaw 357 SC

Life Insurance Corporation Act, 1956

Headnote :

The appellant company carried on life insurance business in addition to other insurance business. On the passing of the Life Insurance Corporation Act, 1956, which was intended to nationalise all life Insurance business, its 'controlled business' stood vested in the Life Insurance Corporatio...

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P. H. Divecha & ANR Vs. Commissioner of Income-Tax Bombay I [1962]358 (11 December 1962)

Judgement Date : 11 Dec 1962

Citation : 1962 Latest Caselaw 358 SC

Headnote :

The two appellants along with another were carrying on business in Electrical goods under the firm name Precious Electric Co. In 1938 this firm entered into an agreement with M/s. Phillips Electric Co. (India) Ltd. The material terms of the agreement were the following. The firm was to have an exclu...

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The Trustees of The Port of madras Vs. K. P. Vs. Sheik Mohamed Rowther & Co. & Ors [1962]359 (11 December 1962)

Judgement Date : 11 Dec 1962

Citation : 1962 Latest Caselaw 359 SC

Constitution of India
Indian Carriage of Goods by Sea Act, 1925
Indian Ports Act, 1908
Section 161. Bailee’s responsibility when goods are not duly returned

Headnote :

In exercise of the powers under s. 42 of the Madras Port Trust Act, 1905, the Trustees of the Port of Mardas, the appellants, made amendments to the Madras Port Trust Scale of Rates in 1958. By the amendment, Scale 'E' was added under Ch. V and it was to come into force from March 1, 1958. T...

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Dr. A. Lakshmanaswami Mudaliar& Ors Vs. Life Insurance Corporation [1962]360 (11 December 1962)

Judgement Date : 11 Dec 1962

Citation : 1962 Latest Caselaw 360 SC

Code of Civil Procedure, 1908 (CPC)
Delhi and Ajmer Rent Control Act, 1952
Insurance Act, 1938
Life Insurance Corporation Act, 1956
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882

Hari Shankar Vs. Rao Girdhari Lal Chowdhury [1961] INSC 342 (5 December 1961)

Headnote :

On July 15, 1955, at an Extraordinary General Meeting of the shareholders of the United India Life Assurance Company Ltd., a resolution was passed, among other matters sanctioning a donation of Rs. 2 lakhs from out of the Share. holders' Dividend Account to a Trust proposed to be formed with...

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Management of Wenger & Co. Vs. Their Workmen [1962]361 (11 December 1962)

Judgement Date : 11 Dec 1962

Citation : 1962 Latest Caselaw 361 SC

Constitution of India
Delhi Shops and Establishments Act, 1954
Industrial Disputes Act, 1947

The Garment Cleaning Works Vs. Its Workmen [1961] INSC 75 (3 March 1961)

Headnote :

An industrial dispute arising out of the demands made by the employees against 13 Hotel and Restaurant institutions in Delhi was -referred for adjudication to the Industrial Tribunal and they were heard together with another reference made to it concerning the disputes in the case of two other hotel...

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Kurapati Venkata Mallayya & ANR Vs. Thondepu Ramaswami And Co. & ANR [1962]362 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 362 SC

Code of Civil Procedure, 1908 (CPC)

Srinivas Ram Kumar Vs. Mahabir Prasad & Ors [1951] INSC 9 (9 February 1951)

Headnote :

A Receiver authorised and appointed by a Court to collect the debts due to the plaintiff-respondent instituted a suit against the appellant-firm and its alleged partners for the recovery of the -price of tobacco and interest thereon. The right of the receiver to institute a suit in his own name was...

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Jay Engineering Works Ltd & Ors Vs. The Union of India & Ors [1962]363 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 363 SC

Constitution of India

Headnote :

Following the major awards in the engineering industries in 1948, 1950 and 1958 the petitioner company and its workmen entered into an agreement in 1958. By this agreement a scheme was established. Under this scheme a certain proportion of the production was taken to correspond to the minimum basic...

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The Commissioner of Income-Taxbombay Vs. E.D.Sheppard [1962]364 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 364 SC

Headnote :

In 1930 the respondent assessee was employed as an officer assistant in a partnership concern on the basis of a contract for three years. The agreement provided that the firm might terminate the contract after giving the assessee one calendar month's notice of its intention to do so. Subject to...

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Commissioner of Income-Tax Vs. Sardar Lakhmir Singh [1962]365 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 365 SC

Headnote :

The assessee and his father filed separate returns for the year 1946-47 and the father also filed a return as Karta of the Hindu undivided family in which the income was declared as nil on the ground that the Hindu undivided family had ceased to exist. On March 15, 1951, the Income-tax Officer amalg...

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Commissioner of Income-Tax, Madras Vs. Janabha Muhammad Hussainnachiar Ammal [1962]366 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 366 SC

Headnote :

In the year of account relevant to the assessment year 1942 - 43, the assessee received Rs. 9,180/-, but submitted no return of her income. On July 25, 1949, the Income-tax Officer, on receipt of definite information that such income had escaped assessment, issued a notice to her under s. 34 of the...

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P. V. Godbole Vs. Jagannath Fakirchand [1962]367 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 367 SC

Constitution of India

Headnote :

In pursuance of the directions given by the Appellate Assistant Commissioner in connection with the appeal of another assessee, the income-tax Officer on February 18, 1957, issued a notice under s. 34 (1) of the Indian Income- tax Act, 1922, to the respondent in respect of the assessment years 1944....

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S. C. Prashar, Income-Tax Officer, Market Ward, Bombay And Vs. Vasantsen Dwarkadas & Ors [1962]368 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 368 SC

Constitution of India

Headnote :

The first respondent's father, D, and another were partners doing business in the name of P.L. since 1935. D died in 1946 but the firm was continued with the first respondent as a partner. In 1941 another firm in the name of V. D. was started by the first respondent and two others, and for the a...

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Michael Golodetz & Ors Vs. Serajuddin & Company [1962]369 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 369 SC

Headnote :

The appellants are a firm carrying on business in the United States of America. The respondents are an Indian Firm. These two firms entered into a contract in writing by which the appellant agreed to buy certain goods from the respondents. An arbitration clause in the contract provided that dispu...

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T. P. Daver Vs. Lodge Victoria No. 363, S. C. Belgaum [1962]370 (12 December 1962)

Judgement Date : 12 Dec 1962

Citation : 1962 Latest Caselaw 370 SC

Headnote :

There is a Scotish Masonic institution known as Grand Lodge of Scotland. Under this institution there are District Grand Lodges. Under its superintendence there are Daughter Lodges. These institutions arc governed by their own constitutions and laws. Under those laws a member against whom disciplina...

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Laxman Purshottam Pimputkar Vs. State of Bombay & Ors [1962]371 (13 December 1962)

Judgement Date : 13 Dec 1962

Citation : 1962 Latest Caselaw 371 SC

Bombay Hereditary Offices Act, 1874
Bombay Revenue Jurisdiction Act, 1876

Headnote :

In 1944, the plaintiff moved the Government for resumption of Watan Lands which were in the possession of defendants 2 to 4 and for making them over to him. The Government, after causingsome enquiry to be made, resumed those lands by its order dated October 9, 1946, and directed their restoration to...

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The Hindustan Times Ltd., New Delhi Vs. Their Workmen [1962]372 (14 December 1962)

Judgement Date : 14 Dec 1962

Citation : 1962 Latest Caselaw 372 SC

Delhi Shops and Establishments Act, 1954
Industrial Disputes Act, 1947

Headnote :

The Chief Commissioner, Delhi, referred an industrial dispute for adjudication to the Industrial Tribunal, Delhi, which gave its award on March 16, 1959. Both the appellant and the respondents were dissatisfied with the award and they came to this Court by special leave. The award was challenged by...

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Nehru Motor Transport Cooperative Society Ltd., & Ors Vs. The State of Rajasthan & Ors [1962]373 (14 December 1962)

Judgement Date : 14 Dec 1962

Citation : 1962 Latest Caselaw 373 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The petitioners were holders of Stage-carriage permits on Jodhpur-Bilara arid Bilara-Beawar routes. The Rajasthan Roadways published a draft scheme which provided for taking over the transport service on the Jodhpur Bilara- Beawar-Ajmer route by the Roadways and also for taking over three overlappin...

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Banarsi Das Vs. Seth Kanshi Ram & Ors [1962]374 (17 December 1962)

Judgement Date : 17 Dec 1962

Citation : 1962 Latest Caselaw 374 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The plaintiff filed a suit against his brothers who had formerly constituted a joint family for a declaration that the partnership which had been formed by them after they ceased to be joint in respect of a sugar mill stood dissolved on May 13, 1944, on which date one of the brothers had filed an ea...

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Ladli Prasad Jaiswal Vs. Karnal Distillery Co. Ltd. & Ors [1962]375 (17 December 1962)

Judgement Date : 17 Dec 1962

Citation : 1962 Latest Caselaw 375 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Contract Act, 1872
Indian Evidence Act, 1872
Section 16. Undue influence defined

Headnote :

The appellant filed a suit in the Court of the Subordinate judge for a declaration that certain resolutions of the directors and the shareholders in a private limited company passed on March 3 and 28, 1946, and at the meetings of the Directors held thereafter were illegal and void and for a declarat...

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Om Prakash Gupta Vs. Rattan Singh & ANR [1962]376 (17 December 1962)

Judgement Date : 17 Dec 1962

Citation : 1962 Latest Caselaw 376 SC

Headnote :

The appellant was sought to be evicted by the landlord on the ground that he had habitually defaulted in the payment of rent as well as on the ground of the bonafide requirement of the land-lord for his own occupation. He resisted the suit inter alia on the ground that the premises had been let to t...

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Kharak Singh Vs. The State of U. P. & Ors [1962]377 (18 December 1962)

Judgement Date : 18 Dec 1962

Citation : 1962 Latest Caselaw 377 SC

Constitution of India

A.K. Gopalan Vs. The State of Madras [1950] INSC 14 (19 May 1950)

Headnote :

The petitioner was challenged in a dacoity case but was released is there was no evidence against him. The police opened a history sheet against him. He was put under surveillance -is defined in Regulation 236 of the U. P. Police Regulations. Surveillance involves secret picketing of the house or ap...

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Lakshmi Narain Vs. First Additional District Judge, Allahabad [1962]378 (20 December 1962)

Judgement Date : 20 Dec 1962

Citation : 1962 Latest Caselaw 378 SC

Civil Laws
Code of Civil Procedure, 1908 (CPC)

Headnote :

The U. P. Civil Laws (Reforms and Amendment) Act, 1954, amended s. 21 (1) (c) of the Bengal, Agra and Assam Civil Courts Act, 1887, so as to enable the District Courts to hear first appeals valued up to Rupees ten thousand and by s. 3 (1) provided that any proceeding instituted or commenced in "...

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Bhopal Sugar Industries Ltd. Madhya Pradesh Vs. D. P. Dube, Sales Tax Officer, Bhopal Region, Bhopal [1962]379 (21 December 1962)

Judgement Date : 21 Dec 1962

Citation : 1962 Latest Caselaw 379 SC

Constitution of India

Headnote :

The appellant, a manufacturer of sugar and a dealer in petroleum products, was assessed to sales tax in respect of the consumption by it for its own motor vehicles of the petroleum products in which it dealt. The appellant challenged the assessment in respect of the consumption by it by way of a pet...

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Bhopal Sugar Industries Ltd. Madhya Pradesh & ANR Vs. D.B. Dube, Sales Tax Officer, Bhopal Region [1962]380 (21 December 1962)

Judgement Date : 21 Dec 1962

Citation : 1962 Latest Caselaw 380 SC

Constitution of India
Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

The first petitioner, a company, manufacturer. sugar and also sells motor spirit, high speed diesel oil and lubricants and maintains a petroleum pump in the State of Madhya Pradesh. In the assessment proceedings in respect of sales of motor spirit and diesel oil, the petitioner was sought to be asse...

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Shri Durga Prasad & ANR Vs. The Banaras Bank Limited [1962]381 (21 December 1962)

Judgement Date : 21 Dec 1963

Citation : 1962 Latest Caselaw 381 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The Official Liquidator of the respondent Bank advertised for sale, the two houses belonging to the Bank. These houses were sold to the second appellant with the sanction of the court. The second appellant thereafter transferred the houses to the first appellant reciting in the deed that the latter...

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State of West Bengal Vs. Union of India [1962]382 (21 December 1962)

Judgement Date : 21 Dec 1962

Citation : 1962 Latest Caselaw 382 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

Under the Coal Bearing Areas (Acquisition and Development) Act, 1957, enacted by Parliament, the Union of India proposed to acquire certain coal bearing areas in the State of West Bengal. The State filed a suit contending that the Act did not apply to lands vested in or owned by the State and that i...

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