Caselaw | Supreme Court Judgements of february 1962

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Ramalingam & Co. Vs. The State of Madras [1962] INSC 33 (1 February 1962)

Judgement Date : 01 Mar 1962

Citation : 1962 Latest Caselaw 33 SC

Headnote :

The assessees primarily operated as exporters of vegetable fibers to international markets. Their sales contracts were either C.I.F. or C.F., established through correspondence after the foreign buyers approved samples sent by the assessees. Payment was made via a draft against a bank credit that th...

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Bipat Gope Vs. State of Bihar [1962] INSC 34 (1 February 1962)

Judgement Date : 01 Feb 1962

Citation : 1962 Latest Caselaw 34 SC

CrPC Section 209. Commitment of case to Court of Session when offence is triable exclusively by it
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon

Headnote :

In proceedings under section 207A(6) of the Code of Criminal Procedure, the Magistrate discharged the accused after taking evidence in the case. However, the High Court, upon revision, overturned this decision and instructed the Magistrate to commit the accused for trial in the court of session. The...

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The Honorary Secretary, South India Millowners' Association Vs. The Secretary, Coimbatore District Textile Workers' Union[A [1962] INSC 35 (1 February 1962)

Judgement Date : 01 Feb 1962

Citation : 1962 Latest Caselaw 35 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

In relation to the disputes that emerged between certain textile mills and their employees regarding the bonus for the year 1956, the issue was brought before the Industrial Tribunal, which issued its award on September 5, 1958. The Tribunal determined the following: (1) the timeframe for rehabilita...

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The State of Rajasthan Vs. Mst. Vidhyawati & ANR [1962] INSC 36 (2 February 1962)

Judgement Date : 02 Feb 1962

Citation : 1962 Latest Caselaw 36 SC

Constitution of India

The State of Bihar Vs. Abdul Majid [1954] INSC 12 (11 February 1954)

Headnote :

The husband of respondent 1, who is also the father of minor respondent 2, was struck by a government jeep on February 11, 1952. The vehicle was being driven recklessly and negligently by a State of Rajasthan employee while transporting it from a repair shop to the Collector\'s residence, resulting...

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Punjab National Bank Limited Vs. K. L. Kharbanda [1962] INSC 37 (2 February 1962)

Judgement Date : 02 Feb 1962

Citation : 1962 Latest Caselaw 37 SC

Industrial Disputes Act, 1947

Headnote :

The Sastri Award established a uniform wage scale for clerks across all banks and included provisions for special allowances for clerks in specialized positions requiring specific skills. According to Paragraph 297 (7) of the Award, the basic wages for bank employees hired after January 31, 1951, we...

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Thakur Narwar Singh Vs. The State of Madhya Pradesh [1962] INSC 38 (2 February 1962)

Judgement Date : 02 Feb 1962

Citation : 1962 Latest Caselaw 38 SC

Indian Penal Code, 1860 (IPC)
Part B States (Laws) Act, 1951

Headnote :

The appellant committed certain offenses in the State of Jhabua in 1948, prior to Jhabua becoming part of the Dominion of India. He was tried in 1955 under the Indian Penal Code for the offenses that occurred in the former State of Jhabua in 1948. The issue at hand was whether the appellant could be...

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M/S. Ballabhdas Agarwal Vs. The State of Bihar [1962] INSC 39 (2 February 1962)

Judgement Date : 02 Feb 1962

Citation : 1962 Latest Caselaw 39 SC

Chandi Prasad Chokhani Vs. The State of Bihar [1961] INSC 178 (24 April 1961)

Headnote :

The appellant, a railway contractor operating Refreshment Rooms and Tea stalls at various stations, was registered as a dealer under the Bihar Sales Tax Act of 1947. Dissatisfied with the assessment for the year 1950-51 made by the sales tax officer, he filed the usual appeals with the Sales Tax Aut...

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Sitaram Vs. State of Madhya Pradesh [1962] INSC 40 (5 February 1962)

Judgement Date : 05 Feb 1962

Citation : 1962 Latest Caselaw 40 SC

Headnote :

The appellants filed their sales tax returns, but over three months later, a complaint was lodged against them under sections 24(1)(b) and (g) of the C. P. and Berar Sales Tax Act, claiming that the returns were fraudulent and the accounts submitted were inaccurate. They argued that the prosecution...

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The Calcutta Gas Company (Proprietary) Ltd. Vs. The State of West Bengal & Ors [1962] INSC 41 (5 February 1962)

Judgement Date : 05 Feb 1962

Citation : 1962 Latest Caselaw 41 SC

Constitution of India
Government of India Act, 1935
Industries (Development and Regulation) Act, 1951

Headnote :

Through an agreement between the appellant company and the Oriental Gas Company, the appellant was designated as the Manager of the latter, which operated an industrial facility for the production and sale of fuel gas in Calcutta, with the right to receive compensation as outlined in the agreement....

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The Board of Revenue, U. P. & Ors Vs. Sardarni Vidyawati & ANR [1962] INSC 42 (6 February 1962)

Judgement Date : 06 Feb 1962

Citation : 1962 Latest Caselaw 42 SC

Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

The respondents requested the Court\'s permission to withdraw certain funds upon providing security, which was granted. They executed a security bond, offering a house as collateral. However, the Inspector of Stamps reported that the bond was inadequately stamped, necessitating its impoundment and t...

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Board of High School & Intermediate Education, U. P Vs. Ghanshyam Das Gupta & Ors [1962] INSC 43 (6 February 1962)

Judgement Date : 06 Feb 1962

Citation : 1962 Latest Caselaw 43 SC

Headnote :

The appellant stated that the three respondents had successfully completed the Intermediate examination. Following this, they continued their studies, but later, the fathers and guardians of the respondents were notified that the Examination Committee of the Board had annulled their examination resu...

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Dalbir Singh & Ors Vs. The State of Punjab [1962] INSC 44 (6 February 1962)

Judgement Date : 06 Feb 1962

Citation : 1962 Latest Caselaw 44 SC

Constitution of India
Delegation of Powers
Delegation of Powers

Headnote :

Section 3 of the Pepsu Police (Incitement to Disaffection) Act of 1953 stated: \"Anyone who intentionally causes or attempts to cause, or performs any act that they know is likely to cause, disaffection towards any legally established Government in India among police force members, or induces or att...

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Rama Krishna Ramanath Vs. The Janpad Sabha, Gondia [1962] INSC 45 (7 February 1962)

Judgement Date : 07 Feb 1962

Citation : 1962 Latest Caselaw 45 SC

Government of India Act, 1935

Headnote :

According to the C. P. and Berar Local Self Government Act of 1920, the District Council of Bhandara imposed a terminal tax on the railway export of bidis and bidi leaves from Bhandara district in 1925. The Government of India Act of 1935 included terminal tax in the Federal Legislative List, but se...

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State of Uttar Pradesh Vs. Lakshmi Ice Factory & Ors [1962] INSC 46 (7 February 1962)

Judgement Date : 07 Feb 1962

Citation : 1962 Latest Caselaw 46 SC

Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

The Government of Uttar Pradesh, in accordance with section 3 of the U.P. Industrial Disputes Act, 1947, and the statutory orders established thereunder, referred certain disputes between the respondent Ice Factories and their respective workers to an Industrial Tribunal. Although the Tribunal heard...

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Hoshjar Singh Vs. Gurbachan Singh [1962] INSC 47 (8 February 1962)

Judgement Date : 08 Feb 1962

Citation : 1962 Latest Caselaw 47 SC

Headnote :

The appellants, one serving as a Sub-Divisional Officer and the other as a Naib Tehsildar, were assigned the responsibility of distributing land to displaced individuals. The first respondent unlawfully occupied the land designated for B. On May 9, 1958, the first appellant instructed that B and oth...

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Inder Lal Vs. Lal Singh [1962] INSC 48 (8 February 1962)

Judgement Date : 08 Feb 1962

Citation : 1962 Latest Caselaw 48 SC

Headnote :

Respondent 1 was declared elected to the Legislative Assembly, but his election was contested on several grounds, including the accusation that he engaged in corrupt practices as defined by Section 123 (4) of the Representation of People Act, 1951. Specifically, it was alleged that he made false sta...

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Sri Satya Narain Singh Vs. District Engineer, P.W.D. & ANR [1962] INSC 49 (8 February 1962)

Judgement Date : 08 Feb 1962

Citation : 1962 Latest Caselaw 49 SC

Headnote :

The appellant, having been the highest bidder at a public auction, obtained the right to collect tolls for ferrying across the Piprighat river for the year 1954. Traditionally, up until 1954, the licensee was permitted to collect tolls from every stage carriage bus. Until March 1954, only privately...

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The Atlas Cycle Industries, Ltd. Sonepat Vs. Their Workmen [1962] INSC 50 (8 February 1962)

Judgement Date : 08 Feb 1962

Citation : 1962 Latest Caselaw 50 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

On February 14, 1953, the Punjab Government referred specific disputes between the appellant company and its employees to the Industrial Tribunal, which had been established on August 29, 1953, through a notification issued under section 7 of the Industrial Disputes Act, 1947, appointing G, an Advoc...

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The National, Union of Commercial Employees & ANR Vs. M. R. Meher, Industrial Tribunal, Bombay & Ors [1962] INSC 51 (13 February 1962)

Judgement Date : 13 Feb 1962

Citation : 1962 Latest Caselaw 51 SC

Industrial Disputes Act, 1947

Headnote :

The respondents were a law firm operating in Bombay. In 1956 and 1957, their employees filed a claim for a bonus against them. Before the Industrial Tribunal, which was assigned the case by the State Government for resolution under the Industrial Disputes Act, 1947, the respondents argued that their...

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M. S. Anirudhan Vs. The Thomco's Bank Ltd. [1962] INSC 52 (14 February 1962)

Judgement Date : 14 Feb 1962

Citation : 1962 Latest Caselaw 52 SC

NI Act, Section 87. Affect of material alteration

Headnote :

The appellant consented to act as a surety for an overdraft that the respondent Bank granted to S. The Bank provided S with a blank guarantee form, which S had the appellant complete, indicating a maximum guarantee amount of Rs. 25,000. However, when S presented the signed guarantee letter to the Ba...

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Banwari Vs. State of Uttar Pradesh [1962] INSC 53 (14 February 1962)

Judgement Date : 14 Feb 1962

Citation : 1962 Latest Caselaw 53 SC

CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 226. Opening case for prosecution
CrPC Section 234. Arguments
CrPC Section 239. When accused shall be discharged
CrPC Section 271. Power to issue commission for examination of witness in prison
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Banwari, armed with a gun, and Ram Charan, wielding an axe, were walking together when they encountered Lakhan. After some conversation, Banwari shot and killed Lakhan. They continued on their way and soon met Bhagwan, whom Banwari also shot and killed after a brief exchange. The villagers began to...

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The Commissioner of Income-Tax Vs. Shapoorji Pallonji Mistry [1962] INSC 54 (14 February 1962)

Judgement Date : 14 Feb 1962

Citation : 1962 Latest Caselaw 54 SC

Headnote :

In July 1946, the assessee received a sum of Rs. 40,000, which he claimed was a capital receipt. This information was presented to the Income Tax Officer during the assessment proceedings for the year 1946-47, and the officer noted that this matter would be revisited during the 1947-48 assessment. H...

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Baljeet Singh & Ors Vs. Risal Singh & Ors [1962] INSC 55 (15 February 1962)

Judgement Date : 15 Feb 1962

Citation : 1962 Latest Caselaw 55 SC

U.P. Land Revenue Act, 1901

Headnote :

K, H, and M initiated four lawsuits each against four different groups of defendants concerning various plots under section 175 of the U.P. Tenancy Act, 1939. Due to the similarity of issues, the twelve lawsuits were heard together and resolved with a unified judgment that decreed them. Twelve decre...

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The State of Uttar Pradesh Vs. Shankar & ANR [1962] INSC 56 (15 February 1962)

Judgement Date : 15 Feb 1962

Citation : 1962 Latest Caselaw 56 SC

CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)

Headnote :

The respondents were found guilty by a Magistrate under section 326 of the Indian Penal Code. They subsequently appealed to the Sessions Court, which overturned the conviction and ordered the case to be transferred to the Court of Session. However, upon review, the High Court annulled this order, st...

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Krishan Lal Dhawan & ANR Vs. Delhi Administration [1962] INSC 57 (15 February 1962)

Judgement Date : 15 Feb 1962

Citation : 1962 Latest Caselaw 57 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellants faced charges under sections 120B and 420 of the Indian Penal Code and section 5(1)(d) in conjunction with section 5(2) of the Prevention of Corruption Act. Their trial began before a Special Judge who heard the prosecution\'s evidence. Subsequently, another Special Judge took over th...

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The Fine Knitting Co., Ltd. Vs. The Industrial Court, Bombay & Ors [1962] INSC 58 (15 February 1962)

Judgement Date : 15 Feb 1962

Citation : 1962 Latest Caselaw 58 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946

Headnote :

The appellant Company was established in 1908, primarily engaged in hosiery manufacturing. In 1924, after relocating its factory to Ahmadabad, the company installed spinning machinery to ensure a consistent and adequate supply of yarn for its hosiery production.Initially, a notification was issued o...

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Mrs. Hem Nolini Judah (Since Deceased) and After Her Leg Vs. Mrs. Isolyne Sarojbashini Bose & Ors [1962] INSC 59 (16 February 1962)

Judgement Date : 16 Feb 1962

Citation : 1962 Latest Caselaw 59 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Indian Succession Act, 1925

Headnote :

Dr. Miss Mitter, the owner of a house, passed away, leaving behind her mother and three sisters. The plaintiff, a respondent in the case, initiated a lawsuit seeking a declaration of her ownership of the house.The plaintiff argued that the deceased had bequeathed the house to her sister, Mrs. Momin,...

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Izhar Ahmad Khan Vs. Union of India [1962] INSC 60 (16 February 1962)

Judgement Date : 16 Feb 1962

Citation : 1962 Latest Caselaw 60 SC

Citizenship Act, 1955
Citizenship Rules, 1956
Foreigners Act, 1946

Headnote :

The petitioners, who claimed to be Indian citizens, sought to assert their fundamental rights under Article 19(1)(e) of the Constitution. The key issue was whether they were indeed citizens of India. While the petitions were under consideration, the Government of India, under Section 9(2) of the Cit...

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State of Maharashtra Vs. Laxman Jairam [1962] INSC 61 (16 February 1962)

Judgement Date : 16 Feb 1962

Citation : 1962 Latest Caselaw 61 SC

Bombay Prohibition Act, 1949
CrPC Section 342. Power to order court

Headnote :

The respondent was apprehended by a police constable due to the smell of alcohol. A doctor who examined him testified during the trial that while the respondent had ingested alcohol, he was not intoxicated. During cross-examination, the doctor mentioned that consuming Neem could result in a blood al...

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Indore Malwa United Mills Ltd. Vs. The Commissioner of Income-Tax (Central) Bombay [1962] INSC 62 (19 February 1962)

Judgement Date : 19 Feb 1962

Citation : 1962 Latest Caselaw 62 SC

Headnote :

The assessee company was engaged in the manufacture and sale of textile products, operating its mills in Indore, which was an Indian State prior to integration and had its own income tax regulations known as the Indore Industrial Tax Rules, 1927. The textile goods produced were sold at various locat...

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M/S. Soorajmull Nagarmull Vs. Commissioner of Income-Tax, Calcutta [1962] INSC 63 (19 February 1962)

Judgement Date : 19 Feb 1962

Citation : 1962 Latest Caselaw 63 SC

Constitution of India

Headnote :

The Income-tax Appellate Tribunal issued an order under section 33(4) of the Indian Income-tax Act, resolving an appeal. Both the assessee and the Commissioner of Income-tax, Calcutta, sought orders from the High Court to compel the Tribunal to present a case under section 66(2), but these requests...

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Amarsarjit Singh Vs. The State of Punjab [1962] INSC 64 (20 February 1962)

Judgement Date : 20 Feb 1962

Citation : 1962 Latest Caselaw 64 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Punjab Laws Act, 1872
Punjab Laws Act, 1872
Punjab Resumption of Jagirs Act, 1957
Punjab Resumption of Jagirs Act, 1957
Punjab Resumption of Jagirs Act, 1957
Punjab Resumption of Jagirs Act, 1957
Punjab Resumption of Jagirs Act, 1957

Headnote :

The Punjab Resumption of Jagirs Act, 1957, was enacted on November 14, 1957, allowing the State of Punjab to take steps to resume jagirs. The petitioners, who held certain jagirs in the region known as the Cis-Sutlej jagirs, argued that these could not be resumed under the Act because they did not m...

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Shambhoo Vs. State of Uttar Pradesh [1962] INSC 65 (20 February 1962)

Judgement Date : 20 Feb 1962

Citation : 1962 Latest Caselaw 65 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, along with several accomplices, committed a robbery against Dulla and two others, during which the appellant shot and killed Dulla with a pistol. Following a pursuit, the appellant was captured, and the pistol along with some cartridges was recovered from him. However, the pistol and...

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Gondumogula Tatayya Vs. Penumatcha Ananda Vijaya Venkatarama Timma Jagapathiraju [1962] INSC 66 (20 February 1962)

Judgement Date : 20 Feb 1962

Citation : 1962 Latest Caselaw 66 SC

Headnote :

The respondents were holders of inams in a village named Goteru, which is one of the Mokhasa villages included in the Zamindari assets at the time of the permanent settlement in 1802. These inams were pre-settlement inams and were not part of the Zamindari assets. The respondents had leased some of...

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The Gujarat University, Ahmadabad Vs. Krishna Ranganath Mudholkar & Ors [1962] INSC 67 (21 February 1962)

Judgement Date : 21 Feb 1962

Citation : 1962 Latest Caselaw 67 SC

Constitution of India
Government of India Act, 1935
Gujarat University Act, 1949

Headnote :

The second respondent enrolled in the First Year Arts Class at St. Xavier\'s College, which is affiliated with Gujarat University, where classes were conducted in English. After successfully completing this course, he applied for admission to the Intermediate Arts Examination classes, also conducted...

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Tekan & Ors Vs. Ganeshi [1962] INSC 68 (22 February 1962)

Judgement Date : 22 Feb 1962

Citation : 1962 Latest Caselaw 68 SC

Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887
Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Headnote :

The appellant is a lessee of the landowner and his lease encompasses a significant area, which includes the land occupied by the respondent. The appellant sought the Assistant Collector\'s assistance under section 14A (1) in conjunction with section 9 (1) of the Punjab Security of Land Tenures Act t...

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Kameshwar Prasad & Ors Vs. The State of Bihar & ANR [1962] INSC 69 (22 February 1962)

Judgement Date : 22 Feb 1962

Citation : 1962 Latest Caselaw 69 SC

Constitution of India
Representation of the People Act, 1951

Headnote :

On August 16, 1957, the Government of Bihar issued a notification that added rule 4-A to the Bihar Government Servants\' Conduct Rules, 1956. This rule stated, \"No Government servant shall participate in any demonstration or engage in any form of strike related to their conditions of service.\" The...

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S. S. Munna Lal Vs. S. S. Rajkumar & Ors [1962] INSC 70 (23 February 1962)

Judgement Date : 23 Feb 1962

Citation : 1962 Latest Caselaw 70 SC

Hindu Succession Act, 1956

Headnote :

G, a Digamber Jain from the Porwal sect, passed away in 1934, leaving behind his widow Smt. K, his son G who died in 1939, and three grandsons M, P, and R. In 1952, S, the son of M, initiated a lawsuit for the partition of the joint family properties. Rajkumar, who claimed to be the son of P adopted...

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Commissioner of Income-Tax, Bombay City , Bombay Vs. Bai Shirinbai K. Kooka [1962] INSC 71 (23 February 1962)

Judgement Date : 23 Feb 1962

Citation : 1962 Latest Caselaw 71 SC

Headnote :

The taxpayer acquired shares as an investment in the financial year 1939-40 at a cost significantly lower than their market value on April 1, 1945. The income generated from dividends was subject to income tax. In the 1945-46 financial year, the taxpayer reclassified these shares as stock-in-trade a...

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Kanji Manji Vs. The Trustees of The Port of Bombay [1962] INSC 72 (27 February 1962)

Judgement Date : 27 Feb 1962

Citation : 1962 Latest Caselaw 72 SC

Headnote :

In 1924, the Port of Bombay Trustees leased a parcel of land to a partnership for a duration of ten years, stipulating that the lessee would construct specific buildings on the land at their own cost. The agreement allowed the lessee to remove the constructed buildings within three months after the...

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The Income Tax Officer Vs. Arvind N. Mafatlal [1962] INSC 73 (27 February 1962)

Judgement Date : 27 Feb 1962

Citation : 1962 Latest Caselaw 73 SC

Headnote :

The respondents in this case were the four partners of a firm, M, which was registered under the Indian Income Tax Act. Among these partners, three held a total of forty shares in a private limited company registered in Phaltan State.For the accounting year ending September 30, 1943, the Phaltan Com...

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R. C. Jall Vs. Union of India [1962] INSC 74 (27 February 1962)

Judgement Date : 27 Feb 1962

Citation : 1962 Latest Caselaw 74 SC

Constitution of India
General Clauses Act, 1897
Government of India Act, 1935

Headnote :

The appellant, Amalgamated Coalfields, sent three shipments of coal via rail to R. C. Jall from Junner-Deo to Indore. R. C. Jall accepted the coal and paid the freight; however, due to an oversight, the cess that was due as a surcharge was not collected at the time of delivery. On April 15, 1953, th...

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Orient Weaving Mills (P) Ltd Vs. The Union of India [1962] INSC 75 (28 February 1962)

Judgement Date : 28 Feb 1962

Citation : 1962 Latest Caselaw 75 SC

Central Excises and Salt Act, 1944
Delegation of Powers
Delegation of Powers

Headnote :

According to rule 8 (1) of the Central Excise Rules, 1944, established by the Central Government under its authority from section 37(2) clause xvii of the Central Excises and Salt Act, 1944, \"the Central Government may periodically issue notifications in the Official Gazette to exempt any excisable...

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K. Simrathmull Vs. S. Nanjalingiah Gowder [1962] INSC 76 (28 February 1962)

Judgement Date : 28 Feb 1962

Citation : 1962 Latest Caselaw 76 SC

Headnote :

On February 19, 1948, the respondent sold his house to the appellant in exchange for the discharge of a loan liability of Rs. 1500 that the respondent had borrowed. On the same day, two additional documents were executed: (1) a deed in which the appellant agreed to reconvey the house if the responde...

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