Caselaw | Supreme Court Judgements of march 1962

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Management of The D.C.M. Chemical Works Vs. Their Workmen [1962] INSC 77 (1 March 1962)

Judgement Date : 01 Mar 1962

Citation : 1962 Latest Caselaw 77 SC

Headnote :

The conflicts between the appellant, the management of D.C.M. Chemical Works, a part of Delhi Cloth and General Mills Limited (the Company), and its employees revolved around issues such as wage scales and gratuity.The employees argued that the chemical works was a crucial component of the Company,...

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State of Assam Vs. Tulsi Singh [1962] INSC 78 (1 March 1962)

Judgement Date : 01 Mar 1962

Citation : 1962 Latest Caselaw 78 SC

Indian Evidence Act, 1872
Northern India Ferries Act, 1878
Northern India Ferries Act, 1878

Headnote :

According to Section 4 of the Northern India Ferries Act, 1878, the ferry at N was designated as a public ferry. Rule 19, established under Section 12 of the Act, stipulated that the sale of the ferry should generally be auctioned to the highest bidder, with the acceptance of any bid by the officer...

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The Fazilka Electric Supply Co. Ltd. Vs. The Commissioner of Income-Tax, Delhi [1962] INSC 79 (1 March 1962)

Judgement Date : 01 Mar 1962

Citation : 1962 Latest Caselaw 79 SC

Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The appellant operated a business generating and supplying electricity in Fazilka for fifteen years under a license. Clause 9(a) of this license granted the Government the option to acquire the business upon the license\'s expiration. This option was in line with subsection (1) of section 7 of the E...

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Pratapray Manmohandas Vs. Bombay Bullion Association Ltd. [1962] INSC 80 (2 March 1962)

Judgement Date : 02 Mar 1962

Citation : 1962 Latest Caselaw 80 SC

Headnote :

The appellant was a member of the Bombay Bullion Association Ltd. He engaged in several forward transactions with other parties. According to the Association\'s bye-laws, the appellant was required to submit a balance sheet and provide vouchers (kaplis) for the amounts owed by him. However, he did n...

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The Management of Indian Cable Co. Ltd., Calcutta Vs. Its Workmen [1962] INSC 81 (5 March 1962)

Judgement Date : 05 Mar 1962

Citation : 1962 Latest Caselaw 81 SC

General Clauses Act, 1897
Industrial Disputes Act, 1947

Headnote :

Section 25-G of the Industrial Disputes Act, 1947 states: \"If a workman in an industrial establishment is to be retrenched and belongs to a specific category of workmen in that establishment, the employer should typically retrench the workman who was the last to be employed in that category.\" The...

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Jardine Henderson Ltd. Vs. The Workmen & ANR [1962] INSC 82 (5 March 1962)

Judgement Date : 05 Mar 1962

Citation : 1962 Latest Caselaw 82 SC

Headnote :

The appellant is a company operating in Calcutta that had been providing a closing bonus to its workers at the rate of one month\'s salary from 1948 to 1957. However, due to a significant drop in profits in 1958, the closing bonus was reduced to half a month\'s salary. This led to a reference to the...

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Krishna Prasad & Ors Vs. Gauri Kumari Devi [1962] INSC 83 (5 March 1962)

Judgement Date : 05 Mar 1962

Citation : 1962 Latest Caselaw 83 SC

Bihar Land Reforms Act, 1950

Headnote :

The appellant secured a preliminary decree concerning an unusual mortgage on a share of the Zamindari village of Sonchari Mouza in the Patna District, along with khudkasht land associated with the Mouza. This decree included a directive for a personal decree for the outstanding balance, leading to a...

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Sir Chunilal Vs. Mehta and Sons, Ltd. Vs. The Century Spinning and Manufacturing Co. Ltd. [1962] INSC 84 (5 March 1962)

Judgement Date : 05 Mar 1962

Citation : 1962 Latest Caselaw 84 SC

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

Headnote :

The appellants were appointed as managing agents of the respondents for a period of 21 years. According to Clause 10 of the agreement, they were entitled to remuneration amounting to 10% of the respondents\' gross profits, with a guaranteed minimum of Rs. 6,000 per month. Clause 14 stated that if th...

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Strawboard Manufacturing Co. Vs. Gobind [1962] INSC 85 (6 March 1962)

Judgement Date : 06 Mar 1962

Citation : 1962 Latest Caselaw 85 SC

Industrial Disputes Act, 1947

Headnote :

The respondent was employed by the appellant company but repeatedly refused to follow orders from various company officers. As a result, he was suspended and issued a charge sheet. An inquiry was conducted, after which the appellant referred the case to the Labour Commissioner without making any pri...

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Kewal Krishan Vs. State of Punjab [1962] INSC 86 (6 March 1962)

Judgement Date : 06 Mar 1962

Citation : 1962 Latest Caselaw 86 SC

Headnote :

The appellant was subjected to a search by a Customs Official, during which several gold bars were discovered concealed around his waist. Among these bars, some were made of base metal while others were pure gold, marked with foreign insignia. The appellant did not possess a permit from the Reserve...

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Bhau Ram Vs. B. Baijnath Singh [1962] INSC 87 (7 March 1962)

Judgement Date : 07 Mar 1962

Citation : 1962 Latest Caselaw 87 SC

Constitution of India
Punjab Pre-Emption Act, 1913
Punjab Pre-emption Act, 1913
Punjab Pre-Emption Act, 1913

Headnote :

Section 10 of the Rewa State Pre-emption Act, 1946, granted the right of pre-emption based on, among other factors, proximity. The proviso to Section 10 stated that among preemptors of the same category, the one who is closer in relation to the vendor would take precedence over those who are more di...

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Bachhittar Singh Vs. The State of Punjab [1962] INSC 88 (7 March 1962)

Judgement Date : 07 Mar 1962

Citation : 1962 Latest Caselaw 88 SC

Constitution of India

The State of Punjab Vs. Sodhi Sukhdev Singh [1960] INSC 196 (15 November 1960)

Headnote :

The appellant was initially appointed as a qanungo in Pepsu and later as an Assistant Consolidation Officer. Following complaints against him, an inquiry was conducted, leading to his dismissal by the Revenue Secretary. He subsequently appealed this decision to the State Government.The Revenue Minis...

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Joseph Kuruvilla Vellukunnel Vs. The Reserve Bank of India & Ors [1962] INSC 89 (7 March 1962)

Judgement Date : 07 Mar 1962

Citation : 1962 Latest Caselaw 89 SC

Constitution of India
Reserve Bank of India Act, 1934

Headnote :

Sub-section (1) of section 38 of the Banking Companies Act, 1949, states: \"Notwithstanding any provisions in sections 391, 392, 433, and 583 of the Companies Act, 1956... the High Court shall order the winding up of a banking company...\" if the Reserve Bank has submitted an application for its win...

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Tatanagar Foundry Company Vs. Their Workmen [1962] INSC 90 (9 March 1962)

Judgement Date : 09 Mar 1962

Citation : 1962 Latest Caselaw 90 SC

Industrial Disputes Act, 1947

Headnote :

The appellant operates a factory in Jamshedpur where it produces cast iron sleepers, pipes, and other products. The primary raw materials needed for manufacturing sleepers include pig iron, coke, limestone, and moulding sand. The Railway Board is the sole purchaser of these sleepers, and production...

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Dharam Singh & Ors Vs. The State of Uttar Pradesh [1962] INSC 91 (9 March 1962)

Judgement Date : 09 Mar 1962

Citation : 1962 Latest Caselaw 91 SC

CrPC Section 429. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Tori Singh Vs. The State of Uttar Pradesh [1961] INSC 265 (12 September 1961)
Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

The appellants were found guilty of offenses under section 302 in conjunction with section 34 and section 201 in conjunction with section 34 of the Indian Penal Code by the Sessions judge. Upon appealing to the High Court, the two judges who reviewed the case had differing opinions, leading to a ref...

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M/S. Orissa Cement Ltd. Vs. Union of India [1962] INSC 92 (14 March 1962)

Judgement Date : 14 Mar 1962

Citation : 1962 Latest Caselaw 92 SC

Employees' Provident Funds Scheme, 1952

Headnote :

The Central Government, pursuant to section 5 of the Provident Funds Act, 1952, established a Scheme for the creation of the Provident Fund. According to Paragraph 2(f)(iii) of the Scheme, \"Excluded Employees\" refers to those employed by or through a contractor. Section 6 of the Act, along with pa...

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Bokaro and Ramgur Ltd. Vs. The State of Bihar & ANR [1962] INSC 93 (14 March 1962)

Judgement Date : 14 Mar 1962

Citation : 1962 Latest Caselaw 93 SC

Constitution of India

Headnote :

The property in question, which is the subject of the dispute regarding the alleged infringement of the petitioners\' fundamental rights under Articles 19(1)(f) and 31(1) of the Constitution, is a plot of land located within the municipal limits of Hazaribagh, featuring various buildings and structu...

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The Regional Provident Fund commissioner, Bombay Vs. Shree Krishna Metal Manufacturing Co., Bhandara [1962] INSC 94 (14 March 1962)

Judgement Date : 14 Mar 1962

Citation : 1962 Latest Caselaw 94 SC

Headnote :

The company involved in the first appeal was engaged in the production of brass, copper, and \'kasa\' circular sheets for utensil manufacturing, as well as milling paddy, operating a flour mill, and a sawmill, all within the same premises. It had a rolling mill for its primary product and separate m...

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The Sugauli Sugar Works (Private) Ltd. Vs. The Asstt. Registrar, Co-Operative Societies [1962] INSC 95 (14 March 1962)

Judgement Date : 14 Mar 1962

Citation : 1962 Latest Caselaw 95 SC

Headnote :

The key issue in the appeal was whether the Registrar of Co-operative Societies, under the Bihar and Orissa Co-operative Societies Act of 1935, as amended by Act 16 of 1948, had the authority under section 48(1) of the Act to hear and resolve a dispute brought by a registered society against a non-m...

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Mohammadbhai Khudabux Chhipa& ANR Vs. The State of Gujarat & ANR [1962] INSC 96 (15 March 1962)

Judgement Date : 15 Mar 1962

Citation : 1962 Latest Caselaw 96 SC

Constitution of India

Headnote :

Following the ruling in Gulam Mohammad v. The State of Bombay, [1962] 2 S.C.R. 659, which deemed rules 53, 65, 66, 876, and 67, established under the Bombay Agricultural Produce Markets Act, 1939, as ultra vires to sections 6A and 11 of the Act, the State of Gujarat amended rule 53 via a notificatio...

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Pukhraj Vs. D. R. Kohli [1962] INSC 97 (15 March 1962)

Judgement Date : 15 Mar 1962

Citation : 1962 Latest Caselaw 97 SC

Headnote :

The appellant, a goldsmith, was traveling on a train from Calcutta when he was searched and found to possess gold weighing 290.6 tolas, valued at Rs. 29,835. The gold was seized on the grounds that it was reasonably suspected to be smuggled.Following the issuance of a show cause notice and a thoroug...

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Mohan Singh Vs. State of Punjab [1962] INSC 98 (15 March 1962)

Judgement Date : 15 Mar 1962

Citation : 1962 Latest Caselaw 98 SC

Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Dalip Singh Vs. The State of Punjab [1960] INSC 114 (28 July 1960)
Dalip Singh & Ors Vs. State of Punjab [1953] INSC 42 (15 May 1953)

Headnote :

The two appellants, along with three others, were found guilty under Section 302 in conjunction with Section 149 and Section 147 of the Indian Penal Code. Out of the five individuals tried together, two were acquitted. The charges specifically identified these five accused as part of the unlawful as...

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State of Uttar Pradesh Vs. Abdul Samad & ANR [1962] INSC 99 (16 March 1962)

Judgement Date : 16 Mar 1962

Citation : 1962 Latest Caselaw 99 SC

Constitution of India

Headnote :

The respondents were arrested on July 21 in accordance with a deportation order and were taken to Amritsar.The following day, a habeas corpus petition was submitted on their behalf to the High Court in Lucknow, which ordered their production on July 25. However, upon learning that the respondents we...

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Madan Gopal Rungta Vs. Secretary To The Government Of Orissa [1962] INSC 100 (16 March 1962)

Judgement Date : 16 Mar 1962

Citation : 1962 Latest Caselaw 100 SC

The State of Uttar Pradesh Vs. Mohammad Nooh [1957] INSC 80 (30 September 1957)

Headnote :

The Orissa State Government denied the appellant\'s request for a mining lease submitted in December 1957, citing plans to manage the area\'s exploitation in the public sector. The appellant subsequently sought a review from the Central Government under rule 57 of the Mineral Concession Rules, 1949,...

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The State of Kerala Vs. Narayani Amma Kamala Devi [1962] INSC 101 (19 March 1962)

Judgement Date : 19 Mar 1962

Citation : 1962 Latest Caselaw 101 SC

CrPC Section 431. Money ordered to be paid recoverable as a fine
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)

Headnote :

One N, a bank cashier, was found guilty of theft under section 381 of the Indian Penal Code for stealing a sum of money belonging to the bank and was sentenced to one year of rigorous imprisonment. His appeal to the Sessions Court was unsuccessful. Tragically, just hours after the Sessions Court del...

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M/S. Serajuddin & Co. Vs. Their Workmen [1962] INSC 102 (19 March 1962)

Judgement Date : 19 Mar 1962

Citation : 1962 Latest Caselaw 102 SC

Industrial Disputes Act, 1947
Mines Act, 1952

Headnote :

A dispute involving claims made by employees was submitted for adjudication to the tribunal by the West Bengal State Government. The appellant raised a preliminary objection regarding the validity of this reference, arguing that according to section 2(a), the appropriate government to make a valid r...

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Madanlal Fakirchand Dudhediya Vs. Shree Changdeo Sugar Mills Ltd. [1962] INSC 103 (20 March 1962)

Judgement Date : 20 Mar 1962

Citation : 1962 Latest Caselaw 103 SC

Headnote :

An agreement existed between the respondent company, established as a Private Limited Company in 1939, and its promoters, including the appellant and other respondents. In exchange for the promoters purchasing shares valued at 1 to 1.5 lakhs in the company, it was agreed that the company would pay t...

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K. M. S. Reddy, Commissioner of Income-Tax, Kerala Vs. The West Coast Chemicals and Industries Ltd. [1962] INSC 104 (20 March 1962)

Judgement Date : 20 Mar 1962

Citation : 1962 Latest Caselaw 104 SC

Headnote :

The company in question was established in 1937 with the primary goal of acquiring and operating a match factory.According to its memorandum of association, the company was also authorized to manufacture and trade in chemicals, among other activities.The company continued to manufacture matches unti...

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Maharaj Jagat Bahadur Singh Vs. Badri Prasad Seth [1962] INSC 105 (20 March 1962)

Judgement Date : 20 Mar 1962

Citation : 1962 Latest Caselaw 105 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Municipal Act, 1911

Headnote :

The appellant landlord sought eviction of the respondent tenant from the Rent Controller on December 1, 1956, under section 13(3) of the Punjab Urban Rent Restriction Act, citing the need to address certain defects in the building. On April 11, 1957, the Municipal Committee issued a revised notice,...

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Bekaru Sinch Vs. State of U.P [1962] INSC 106 (26 March 1962)

Judgement Date : 26 Mar 1962

Citation : 1962 Latest Caselaw 106 SC

CrPC Section 88. Power to take bond for appearance

Headnote :

One R was granted bail after providing a personal bond along with three sureties, which he fulfilled. On July 7, one of the sureties, S, requested to be discharged from his bond. On July 9, R submitted a request for the acceptance of the appellant\'s surety bond in place of S\'s, and on the same day...

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Chairman of The Municipal Commissioners of Howrah Vs. Shalimar Wood Products & ANR [1962] INSC 107 (26 March 1962)

Judgement Date : 26 Mar 1962

Citation : 1962 Latest Caselaw 107 SC

West Bengal Fire Services Act, 1950

Headnote :

The company in question faced prosecution for operating its premises in the Municipality of Howrah without the necessary license, as mandated by section 386 of the Calcutta Municipal Act of 1923, which was extended to Howrah through Notification No. 260 M dated January 18, 1932, under sections 540 a...

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Thakur Mohd. Ismail Vs. Thakur Sabir Ali [1962] INSC 108 (26 March 1962)

Judgement Date : 26 Mar 1962

Citation : 1962 Latest Caselaw 108 SC

Mussalman Wakf Validating Act, 1913
Section 14. TPA, Rule against perpetuity.
Section 18. TPA, Transfer in perpetuity for benefit of public.

Headnote :

A Hanafi Muslim, who owned a talukdari estate under the Oudh Estate Act of 1869, executed a deed of wakf-alal-aulad in 1925 for the benefit of himself, his family, and future generations. He was designated as the first mutwalli, followed by his second son, and subsequently by his other sons and desc...

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State of Uttar Pradesh Vs. Dr. Vijay Anand Maharaj [1962] INSC 109 (26 March 1962)

Judgement Date : 26 Mar 1962

Citation : 1962 Latest Caselaw 109 SC

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

Headnote :

The respondent, who owned agricultural land in various districts of Uttar Pradesh, was subjected to an agricultural income tax assessment by the Additional Collector of Banaras.Challenging this assessment through a petition under Article 226 of the Constitution, the Allahabad High Court annulled the...

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Gwvalier I. J. Iyyappan & ANR Vs. The Dharmodayam Company [1962] INSC 110 (27 March 1962)

Judgement Date : 27 Mar 1962

Citation : 1962 Latest Caselaw 110 SC

Headnote :

The respondent, a company established for charitable purposes, owned certain lands. The appellant, who was the Chairman of the Board of Directors, was requested to construct a building on this land. However, it was later discovered that the construction costs would exceed the initial estimate, which...

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Bootamal Vs. Union of India [1962] INSC 111 (27 March 1962)

Judgement Date : 27 Mar 1962

Citation : 1962 Latest Caselaw 111 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

On August 5, 1947, the appellant arranged for two consignments to be transported by the N. W. Railway from Gujranwala, which is now in Pakistan, to Jagadhari. The consignments were never delivered, and on January 22, 1948, the appellant issued a notice to the railway under section 80 of the Code of...

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Vithal Krishnaji Nivendkar Vs. Parduman Ram Singh & ANR [1962] INSC 112 (27 March 1962)

Judgement Date : 27 Mar 1962

Citation : 1962 Latest Caselaw 112 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Headnote :

The appellant served as the President, Trustee, and Secretary of a Sangh, which is a public trust registered under the Bombay Public Trust Act of 1950. He agreed to lease a residential block owned by the Sangh to the first respondent for a monthly rent of Rs. 85.00, contingent upon a donation of Rs....

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R. R. Chari Vs. State of U.P [1962] INSC 113 (28 March 1962)

Judgement Date : 28 Mar 1962

Citation : 1962 Latest Caselaw 113 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 219. Three offences of same kind within year may be charged together
Indian Penal Code, 1860 (IPC)
IPC Section 125. Waging war against any Asiatic Power in alliance with the Government of India.
IPC Section 467. Forgery of valuable security, will, etc.

Headnote :

The appellant was a permanent employee of the Assam Government, but his services were temporarily assigned to the Central Government. During the relevant period, from December 1945 to September 1946, he served as the Deputy Iron & Steel Controller in Kanpur. He faced charges related to the issuance...

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The Collector of Monghyr & Ors Vs. Keshav Prasad Goenka & Ors [1962] INSC 114 (28 March 1962)

Judgement Date : 28 Mar 1962

Citation : 1962 Latest Caselaw 114 SC

Bihar Private Irrigation Works Act, 1922
Constitution of India

Headnote :

The Bihar Private Irrigation Works Act, 1922 was established to facilitate the repair and enhancement of certain irrigation systems. According to sections 3 to 5 of the Act, the Collector was authorized to take action if he deemed the situation significant enough to warrant repairs to existing irrig...

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State of Bihar Vs. Mangal Sao [1962] INSC 115 (29 March 1962)

Judgement Date : 29 Mar 1962

Citation : 1962 Latest Caselaw 115 SC

Indian Telegraph Act, 1885
Indian Wireless Telegraphy Act, 1933

Headnote :

The individual was discovered operating a radio without a license and was charged under section 20 of the Indian Telegraph Act, 1885, as well as sections 3 and 6 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933). The lower courts convicted him of both charges, but the High Court later acquitt...

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Central Potteries Ltd. Vs. State of Maharashtra & Ors [1962] INSC 116 (30 March 1962)

Judgement Date : 30 Mar 1962

Citation : 1962 Latest Caselaw 116 SC

Headnote :

The appellant was a company engaged in the manufacturing and selling of potteries and Chinaware in Nagpur.The Central Provinces and Berar Sales Tax Act became effective on June 1, 1947. On May 27, 1947, notifications Nos. 597 and 599 were issued. Notification No. 597 established August 15, 1947, as...

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State of Andhra Pradesh Vs. Kannapalli Chinna Venkatachalamayya Sastri [1962] INSC 117 (30 March 1962)

Judgement Date : 30 Mar 1962

Citation : 1962 Latest Caselaw 117 SC

Constitution of India
Government of India Act, 1935

Headnote :

The Respondent, the sole landowner of the village Chinnavenkatapuram in the Parlakimidi Zamindari within the Srikakulam District, filed a Writ Petition in the High Court contesting the notification issued under Section 3(4) of the Madras Estates Land (Reduction of Rent) Act, which reduced the rents...

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