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 an income estimate for advance tax payment under section 18-A, omitting his dividend income. The Income-tax Officer determined that under section 18-A(2), the assessee was required to include his dividend income in the estimate and pay advance super-tax on it. Since the advanc...

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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 found guilty under subsection (1) in conjunction with subsection (3) of section 5 of the Prevention of Corruption Act, 1947, and received a sentence of three years of rigorous imprisonment. The High Court upheld both the conviction and the sentence imposed on him. He subsequently s...

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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 found guilty under section 5(1)(d) of the Prevention of Corruption Act, 1947, for misusing his position as a public servant to secure an assignment of Government land in his brother-in-law\'s name without disclosing their relationship and by undervaluing the trees on that land. Upo...

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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 :

Before 1961, the petitioner engaged in significant trade involving the sale of Kendu leaves. In 1962, the State of Orissa established a monopoly over Kendu leaf trade, imposing restrictions on the petitioner\'s fundamental rights. The State issued three notifications on January 8, January 25, and Ma...

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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 :

Disputes emerged between the appellant and the Cane Marketing Society Ltd. in Bijnor. The appellant submitted a claim to the Cane Commissioner seeking compensation for the short supply of sugarcane. In response, the Society also approached the Cane Commissioner for arbitration. The Commissioner issu...

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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 are brothers, faced prosecution for assaulting S, resulting in serious injuries to S. The Assistant Sessions judge found both brothers guilty and imposed different prison sentences. B was convicted under sections 307 and 326 of the Indian Penal Code, while R was convicte...

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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 argued that although the wage scales were established in 1949 and again in 1957, the issue of revising these scales had been presented to another Tribunal, which denied any revisions except for Mazdoors 1 and 2. The appellant claimed that the Tribunal should not have permitted any revi...

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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 served as the Zamindar, initiated a lawsuit to evict Ramprasad, the father of the appellants, from specific plots of land. The court ruled in favor of the Zamindar, allowing him to take possession of the land. Ramprasad appealed to the Additional Commissioner, but...

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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 :

In these appeals, a significant legal question emerged regarding whether the Bihar Town Planning and Improvement Trust Act, 1951 (Act 35 of 1951) superseded the Land Acquisition Act (1 of 1894) concerning land acquisition for the Trust. Additionally, it was questioned whether the notifications issue...

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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 several two-story buildings in Nagpur on its owned plots, with the ground floor designated for shops and the first floor for residential use. To facilitate the shops, lavatories connected to the corporation\'s sewer system were built, and wat...

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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 faced trial by jury for the kidnapping and murder of Pancham Sukla. The jury found him guilty under sections 364 and 302 of the Indian Penal Code. The Sessions judge upheld the verdict and sentenced him to death for the murder charge under section 302, and to life imprisonment for the...

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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\'s concern was shut down due to significant losses. Subsequently, the workers initiated an industrial dispute and were granted retrenchment benefits. Approximately two years later, the appellant\'s concern reopened, but only a few of the previous employees were rehired, along with some...

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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 1897, Girdhari Lal created a will that bequeathed his property to his wife, Mst. Kishen Dei, and his adopted son, who unfortunately passed away before Girdhari Lal. After Girdhari Lal\'s death, his wife executed a will that bequeathed the disputed property, specifically the house, to her brother\...

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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 was engaged in life insurance as well as other types of insurance. Following the enactment of the Life Insurance Corporation Act, 1956, which aimed to nationalize all life insurance operations, its \'controlled business\' was transferred to the Life Insurance Corporation of Ind...

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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 individual, were engaged in the business of electrical goods under the name Precious Electric Co. In 1938, this firm entered into an agreement with M/s. Phillips Electric Co. (India) Ltd. The key terms of the agreement included the firm being granted an exclusi...

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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 exercising the authority granted by section 42 of the Madras Port Trust Act of 1905, the Trustees of the Port of Madras, the appellants, amended the Madras Port Trust Scale of Rates in 1958. This amendment introduced Scale \'E\' under Chapter V, which was set to take effect on March 1, 1958. The...

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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, during an Extraordinary General Meeting of the shareholders of the United India Life Assurance Company Ltd., a resolution was passed, among other matters, approving a donation of Rs. 2 lakhs from the Shareholders\' Dividend Account to a proposed Trust aimed at promoting technical a...

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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 stemming from employee demands against 13 hotel and restaurant establishments in Delhi was referred to the Industrial Tribunal for adjudication. This case was heard alongside another reference concerning disputes at two additional hotels. The Tribunal\'s award in these cases le...

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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, appointed by the Court to collect debts owed to the plaintiff-respondent, filed a lawsuit against the appellant-firm and its alleged partners to recover the price of tobacco along with interest. The appellant contested the Receiver\'s right to file the suit in his own name. In response,...

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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 :

After the significant awards in the engineering sector in 1948, 1950, and 1958, the petitioner company and its employees reached an agreement in 1958. This agreement established a scheme where a specific portion of production was linked to the minimum basic wages and dearness allowance set by the aw...

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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 was hired as an officer assistant in a partnership for a three-year term. The contract allowed the firm to terminate the agreement with one month\'s notice, provided the employee\'s work was satisfactory. Like other assistants, the respondent hoped to eventually become a part...

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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 submitted separate tax returns for the fiscal year 1946-47, with the father also filing a return as the Karta of the Hindu undivided family, declaring the family\'s income as nil on the basis that the family had ceased to exist. On March 15, 1951, the Income-tax Officer c...

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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 accounting year relevant to the assessment year 1942-43, the assessee earned Rs. 9,180 but did not file any income tax return. On July 25, 1949, the Income-tax Officer, having received concrete information that this income had not been assessed, issued a notice to her under section 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 :

On February 18, 1957, following the instructions from the Appellate Assistant Commissioner regarding another taxpayer\'s appeal, the Income-tax Officer issued a notice under section 34 (1) of the Indian Income-tax Act, 1922, to the respondent for the assessment years 1944-45, 1945-46, and 1946-47. T...

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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 father of the first respondent, D, along with another partner, had been conducting business under the name P.L. since 1935. After D\'s death in 1946, the business continued with the first respondent as a partner. In 1941, the first respondent and two others established a new firm named V.D. For...

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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 business entity operating in the United States, while the respondents are an Indian firm.These two firms entered into a written contract in which the appellants agreed to purchase certain goods from the respondents. The contract included an arbitration clause stipulating that an...

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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 :

The Grand Lodge of Scotland is a Scottish Masonic organization that oversees District Grand Lodges, which in turn supervise Daughter Lodges. Each of these entities operates under its own constitution and regulations. According to these regulations, a member facing disciplinary action from a Daughter...

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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 requested the Government to resume the Watan Lands that were held by defendants 2 to 4 and to transfer them to him. Following some inquiries, the Government issued an order on October 9, 1946, to resume those lands and directed their return to the plaintiff. Subsequently, the...

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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 of Delhi referred an industrial dispute to the Industrial Tribunal in Delhi, which issued its award on March 16, 1959. Both the appellant and the respondents were unhappy with the award and sought special leave to appeal to this Court. The appellant contested the award concern...

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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 held Stage-carriage permits for the Jodhpur-Bilara and Bilara-Beawar routes. The Rajasthan Roadways issued a draft scheme proposing to take over the transport service on the Jodhpur-Bilara-Beawar-Ajmer route, along with three overlapping routes or segments that were entirely along th...

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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 initiated legal action against his brothers, who had previously formed a joint family, seeking a declaration that the partnership they established after ceasing to be joint regarding a sugar mill was dissolved on May 13, 1944. This date coincided with when one of the brothers had filed...

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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 initiated a lawsuit in the Subordinate Judge\'s Court seeking a declaration that certain resolutions made by the directors and shareholders of a private limited company on March 3 and 28, 1946, as well as subsequent directors\' meetings, were illegal and void. Additionally, the appella...

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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 landlord sought to evict the appellant on the grounds of habitual non-payment of rent and the landlord\'s genuine need for the property for personal use. The appellant contested the eviction, arguing that the premises had been leased to the 260 All India Postal R. M. S. Union for both office and...

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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 faced charges in a dacoity case but was released due to a lack of evidence against him. Subsequently, the police initiated a history sheet on him and placed him under surveillance, as outlined in Regulation 236 of the U.P. Police Regulations. This surveillance included covert monitori...

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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 of 1954 amended section 21(1)(c) of the Bengal, Agra and Assam Civil Courts Act of 1887, allowing District Courts to hear first appeals valued up to ten thousand Rupees. Additionally, section 3(1) stated that any proceedings initiated in any court befo...

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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 sugar manufacturer and petroleum products dealer, was assessed sales tax for the petroleum products consumed in its own motor vehicles. The appellant contested this assessment through a petition under Article 226 of the Constitution in the High Court of Madhya Pradesh, arguing that...

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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 that manufactures sugar and sells motor spirit, high-speed diesel oil, and lubricants, operates a petroleum pump in Madhya Pradesh. During the assessment proceedings regarding the sales of motor spirit and diesel oil, the petitioner was assessed for the petroleum and...

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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 announced the sale of two properties owned by the Bank. These properties were sold to the second appellant with the court\'s approval. Subsequently, the second appellant transferred the properties to the first appellant, stating in the deed that the fir...

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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 of 1957, which was enacted by Parliament, the Union of India sought to acquire specific coal-bearing regions in West Bengal. The State contested this action, arguing that the Act did not pertain to lands owned or vested in the State, and...

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