Caselaw | Supreme Court Judgements of may 1962

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Union of India Vs. M/S. Udho Ram & Sons [1962] INSC 178 (1 May 1962)

Judgement Date : 01 May 1962

Citation : 1962 Latest Caselaw 178 SC

Indian Contract Act, 1872
Section 151. Care to be taken by bailee

Headnote :

A merchant consigned certain goods to the respondent.Some of these goods were lost during transit. The respondent filed a lawsuit against the railway authorities for damages, claiming that the loss occurred due to the negligence of the railway authorities. The defense argued that the loss was caused...

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Shri Raja Durga Singh of Solan Vs. Tholu [1962] INSC 179 (1 May 1962)

Judgement Date : 01 May 1962

Citation : 1962 Latest Caselaw 179 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Magiti Sasamal Vs. Pandab Bissoi [1961] INSC 276 (20 September 1961)

Headnote :

The appellant initiated a lawsuit in the Civil Court seeking the eviction of the respondents, asserting that they were merely licensees. In response, the respondents argued that they were occupancy tenants and claimed that, according to Section 77 of the Punjab Tenancy Act, 1887, the case should be...

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Laxman Balwant Bhopatkar Vs. The Charity Commissioner, Bombay [1962] INSC 180 (1 May 1962)

Judgement Date : 01 May 1962

Citation : 1962 Latest Caselaw 180 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950

Headnote :

On May 10, 1946, the appellant shipped 259 bales of cloth from W, a station on the G. I. P. Railway, to G, a station on the Darjeeling Himalayan Railway, operated by respondent No. 1. However, only 169 bales arrived at the destination around June 7, 1946. Since the remaining bales had not yet arrive...

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Jetmull Bhojraj Vs. The Darjeeling Himalayan Railway Co. Ltd. & Ors [1962] INSC 181 (2 May 1962)

Judgement Date : 02 May 1962

Citation : 1962 Latest Caselaw 181 SC

Code of Civil Procedure, 1908 (CPC)

Union of India Vs. Amar Singh [1959] INSC 128 (28 October 1959)

Headnote :

On May 10, 1946, the appellant shipped 259 bales of cloth from W, a station on the G. I. P. Railway, to G, a station on the Darjeeling Himalayan Railway, operated by respondent No. 1. However, only 169 bales arrived at the destination around June 7, 1946. Since the remaining bales had not yet arrive...

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Smt. Somavanti & Ors Vs. The State of Punjab & Ors [1962] INSC 182 (2 May 1962)

Judgement Date : 02 May 1962

Citation : 1962 Latest Caselaw 182 SC

Constitution of India
Indian Evidence Act, 1872
Indian Succession Act, 1925
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

In February 1961, the petitioners acquired more than six acres of land in Punjab for Rs. 4,50,000, intending to establish a paper mill. The sixth respondent, a private limited company licensed by the Government of India to manufacture various refrigeration compressors and related equipment, sought a...

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M/S. West Ramnad Electric Distribution Co. Ltd. Vs. State of Madras [1962] INSC 183 (2 May 1962)

Judgement Date : 02 May 1962

Citation : 1962 Latest Caselaw 183 SC

Constitution of India
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

The Union of India Vs. Madan Gopal Kabra [1953] INSC 83 (16 December 1953)

Headnote :

On May 17, 1951, an order was issued that transferred the appellant\'s undertaking to the respondent, effective September 21, 1951, in accordance with section 4(1) of the Madras Electricity Undertakings Act of 1949. Subsequently, the respondent appointed the Chief Electrical Adviser as the Acquisiti...

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Thakur Sukhpal Singh Vs. Thakur Kalyan Singh [1962] INSC 184 (2 May 1962)

Judgement Date : 02 May 1962

Citation : 1962 Latest Caselaw 184 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Headnote :

The appellant\'s case was scheduled for hearing in the High Court four times over approximately a year. During the final hearing, the appellant\'s lawyer indicated that he had no instructions. The appellant, present in court, requested an adjournment to arrange for legal fees and to hire a new lawye...

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Birla Cotton Spinning &Weaving Mills Vs. Workmen & Ors [1962] INSC 185 (2 May 1962)

Judgement Date : 02 May 1962

Citation : 1962 Latest Caselaw 185 SC

Headnote :

The conflict between the respondents and the appellants concerning ministries and line jobbers was brought before the Tribunal to address the increase and standardization of wages, as well as the classification of workers performing the roles of fancy jobbers and their compensation. The appellants a...

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Mohanlal Chunilal Kothari Vs. Tribhovan Haribhai Tamboli [1962] INSC 186 (2 May 1962)

Judgement Date : 02 May 1962

Citation : 1962 Latest Caselaw 186 SC

Headnote :

Some lands were located in the former State of Baroda before it merged into the State of Bombay.The Bombay Tenancy and Agricultural Lands Act, 1948, was applied to Baroda on August 1, 1949. Landlords filed lawsuits in the Civil Court against their tenants, claiming that the tenants had become trespa...

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Ram Autar Vs. State of U. P [1962] INSC 187 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 187 SC

Headnote :

The appellants operated a vegetable auction from a private residence in the Subzimandi area. Vendors bringing vegetables for sale parked their carts on the public road, which led to traffic obstructions. Additionally, the noise generated by the auctioning disturbed local residents. Consequently, an...

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Dahya Lal & Ors Vs. Rasul Mohammed Abdul Rahim [1962] INSC 188 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 188 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Constitution of India

Headnote :

In 1891, the ancestors of the appellant mortgaged a piece of land to U., who then allowed R. to become a tenant on that land. As the owners of the equity of redemption, the appellant sought relief from the Court established under the Bombay Agricultural Debtors Relief Act to adjust the mortgage debt...

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Dr. C. Annacheriam & ANR Vs. Achotha Menon & Ors [1962] INSC 189 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 189 SC

Headnote :

A karnavan of a tarwad, who was departing for Borneo for a job, appointed M, the second senior most anandravan, as his mukthiar by executing a power of attorney, since the senior most anandravan was in Madras. The mukthiar, along with other adult members of the tarwad, sold several properties of the...

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The Commissioner of Income-Tax Vs. The Mysore Sugar Co. Ltd. [1962] INSC 190 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 190 SC

Badridas Daga Vs. The Commissioner of Income-Tax [1958] INSC 47 (25 April 1958)

Headnote :

The assessed company used to buy sugarcane from growers to produce sugar in its factory, which was largely owned by the Government of Mysore. As part of its operations, the company entered into written agreements with the sugarcane growers, providing them with seedlings, fertilizers, and cash advanc...

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M/S. Amarchand Lalitkumar Vs. Shree Ambica Jute Mills Ltd. [1962] INSC 191 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 191 SC

Headnote :

The appellants, who were sellers of raw jute, entered into forward contracts with the respondent jute mills to sell them the jute. These contracts, being transferable specific delivery contracts, were made using the standard printed forms of the East India Jute & Hessian Exchange Ltd., an associatio...

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State of Mysore Vs. S. S. Makapur [1962] INSC 192 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 192 SC

States Reorganisation Act, 1956

Headnote :

Following an inquiry conducted under section 545 of the Bombay Police Manual, the respondent\'s salary was decreased from Rs. 125 to Rs. 120 per month. During the inquiry, witnesses who had previously been examined during the initial investigation were recalled, and their earlier statements were rec...

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The National Steel Works Ltd. Vs. Commissioner of Income-Tax, Bombay [1962] INSC 193 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 193 SC

Headnote :

The assessee company was allocated a quota of coal and steel by the Government but did not operate a factory. It formed a partnership with an individual who owned a factory but lacked a quota.The factory owner agreed to pay a royalty of Rs. 50 for each ton of steel supplied to the partnership under...

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Kali Pada Chowdhury Vs. Union of India [1962] INSC 194 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 194 SC

Constitution of India
General Clauses Act, 1897
Mines Act, 1952

Headnote :

Section 12 of the Mines Act, 1952 states that the Central Government has the authority to establish a Mining Board for any area covered by the Act or for any specific group or type of mine. In 1957, only the Bihar Mining Board was operational, with no other boards established. Section 57 grants the...

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Nand Kumar & Ors Vs. State of Rajasthan [1962] INSC 195 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 195 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 395. Punishment for dacoity

Headnote :

The appellants were found guilty under Section 302, Section 377, and Section 395 of the Indian Penal Code. The convictions by both the Trial Court and the High Court were primarily based on the retracted confessions of the first three appellants, which were supported by additional circumstantial evi...

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Prabhu Vs. State of U. P [1962] INSC 196 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 196 SC

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

Headnote :

The appellant was tried and found guilty of murdering an individual named B. The evidence against him was circumstantial and included: (1) a shared motive to kill B with his father, (2) the recovery of an axe, shirt, and dhoti stained with human blood at his request, and (3) his statements to a Sub-...

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Jia Lal Vs. The Delhi Administration [1962] INSC 197 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 197 SC

Civil Laws
Constitution of India

Headnote :

Section 29 of the Indian Arms Act, 1878, stipulated that no sanction was required for prosecuting an offence under section 19(f) of the Act if it occurred in the territories north of the Jumna and Ganga, whereas such sanction was necessary for offences committed in other regions. Individual J was fo...

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Jagannath Prasad Vs. The State of Uttar Pradesh [1962] INSC 198 (3 May 1962)

Judgement Date : 03 May 1962

Citation : 1962 Latest Caselaw 198 SC

CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
CrPC Section 476. Forms
Indian Penal Code, 1860 (IPC)

Headnote :

The appellants, engaged in the vegetable ghee business, procured ghee from outside U.P. through four fictitious firms. They did not report the sales proceeds from these transactions in their sales tax return, claiming that since they purchased from these four firms, tax was only applicable at a sing...

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East India Commerclal Co. Ltd. Calcutta & ANR Vs. The Collector of Customs, Calcutta [1962] INSC 199 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 199 SC

Constitution of India
CrPC Section 253. Conviction on plea of guilty in absence of accused in petty cases
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

On October 8, 1948, the appellant company received a license to import a significant quantity of electrical instruments from the USA. This license was granted with the stipulation that the imported goods were to be used solely as raw materials or accessories within the company\'s factory, and that n...

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Mahabir Gope Vs. State of Bihar [1962] INSC 200 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 200 SC

Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant, along with eleven others, faced charges and was tried for offenses under sections 147 and 302 in conjunction with section 34 of the Indian Penal Code. The prosecution claimed that these twelve individuals formed an unlawful assembly and, in pursuit of their common objective, engaged i...

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Bhaiya Punjalal Bhagwanddin Vs. Dave Bhagwatprasad Prabhuprasad [1962] INSC 201 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 201 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Dr. K. A. Dhairyawan & Ors Vs. J. R. Thakur & Ors [1958] INSC 48 (28 April 1958)

Headnote :

The appellant was a tenant of the respondents concerning certain residential premises, with the tenancy governed by the Indian Calendar. The appellant failed to pay rent arrears for approximately five years, prompting the landlords to issue a notice to vacate due to the arrears exceeding six months,...

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Prithi Nath Singh & Ors Vs. Suraj Ahir & Ors [1962] INSC 202 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 202 SC

Bihar Land Reforms Act, 1950
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Section 60. TPA, Right of mortgagor to redeem.

Headnote :

The current petitioners were the respondents in C. A. No. 533/60, while the current respondents were the appellants in that case. This Court allowed the appeal on the basis that the respondents had forfeited their right to reclaim possession from the appellants due to the estate vesting in the State...

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Surajnath Ahir & Ors Vs. Prithinath Singh & Ors [1962] INSC 203 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 203 SC

Bihar Land Reforms Act, 1950

Haji Sk. Subhan Vs. Madhorao [1961] INSC 302 (16 October 1961)

Headnote :

After the mortgages were redeemed, the trial court determined that the plaintiff respondents did not have a valid title to the lands and that the case was barred by adverse possession and limitation.Upon appeal by the plaintiff respondents, the High Court ruled in their favor, stating that the defen...

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Rajinder Kumar & ANR Vs. The State of Punjab [1962] INSC 204 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 204 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 204. Destruction of document or electronic record to prevent its production as sevidence
IPC Section 302. Punishment for murder

Headnote :

The first appellant was found guilty under section 302 of the Indian Penal Code for murdering a three-and-a-half-year-old boy named T, and was sentenced to death. His father, the second appellant, was convicted under section 201 for concealing T\'s corpse. According to the prosecution, on January 5,...

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Raghav Prapanna Tripathi Vs. The State of Uttar Pradesh [1962] INSC 205 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 205 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 176. Omission to give notice or information to public servant by person legally bound to give it
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender

Headnote :

The appellants faced prosecution and were sent to the Sessions Court for trial. Raghav was found guilty and sentenced to death under Section 302 of the Indian Penal Code (I.P.C.). He, along with his mother Jai Devi, Ramanuj Das, Mohan Singh, and Udham Singh, was convicted under Section 201 of the I....

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Padma Vithoba Chakkayya Vs. Mohd. Multani [1962] INSC 206 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 206 SC

Headnote :

In 1961, R executed a usufructuary mortgage on the disputed lands in favor of M. Subsequently, in 1923, he executed a sale deed for the same lands to Rajanna, who was the uncle of the appellant. The appellant and Rajanna were part of a joint Hindu family. Due to difficulties in Rajanna obtaining pos...

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Khardah Company Ltd. Vs. Raymon & Co. (India) Private, Ltd. [1962] INSC 207 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 207 SC

Forward Contracts (Regulation) Act, 1952

Headnote :

On September 7, 1955, the appellant company entered into a contract with the respondents to purchase specific bales of jute cuttings, which were to be delivered by the respondents in equal monthly installments during October, November, and December of 1955. According to clause 3 of the agreement, th...

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R. Viswanathan Vs. Rukn-Ul-Mulk Syed Abdul Wajid [1962] INSC 208 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 208 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Ramalingam passed away in Bangalore, leaving behind a will that allocated significant immovable and movable assets in the states of Mysore and Madras. The executors sought probate for the will, which was granted by District Judge Shri P. Medappa in Bangalore. Subsequently, Ramalingam\'s sons filed t...

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State of Madhya Pradesh Vs. Yakinuddin [1962] INSC 209 (4 May 1962)

Judgement Date : 04 May 1962

Citation : 1962 Latest Caselaw 209 SC

Headnote :

Section 4 (1) (a) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals Alienated Lands) Act, 1950, states that once a notification under Section 3 regarding any area is published in the Gazette, all rights, titles, and interests held by the proprietor or any individual with an inte...

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