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 :

Certain goods consigned by a merchant to the respondent. Some of the goods were lost in transit. The respondent sued the railway authorities for damages for the loss on ground that the loss 'Was incurred due to the negligence of the railway authorities. The defence raised was that loss occurr...

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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 filed a suit before the Civil Court for the ejectment of the respondents on the ground that they were licenses. Tile respondents claimed that they were occupancy tenants and contended that under s. 77 of the Punjab Tenancy Act, 1887, the suit was triable by a revenue court only and not...

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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 had consigned 259 bales of cloth from W, a station on the G. I. P. Railway, to be carried to G, a station on the Darjeeling Himalayan Railway, respondent No. 1. out of these bales only 169 reached the destination on or about June 7, 1946. As the remaining bales had not...

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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 had consigned 259 bales of cloth from W, a station on the G. I. P. Railway, to be carried to G, a station on the Darjeeling Himalayan Railway, respondent No. 1. out of these bales only 169 reached the destination on or about June 7, 1946. As the remaining bales had not...

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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 purchased over six acres of land situate in the State of Punjab for a sum of Rs. 4,50,000 and claim, to have done so for the purpose of establishing a paper mill. The sixth respondent, private' limited company, which had a licence from the Government of Indi...

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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 :

By an order dated May 17, 1951, the appellant undertaking vested in the respondent from September 21, 1951, under the provisions of s. 4(1) of the Madras Electricity apply Undertakings Act 1949. Thereafter the respondent appointed the Chief Electrical Adviser as the Acquisition Officer who took over...

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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 appeal was listed for hearing before the High Court four times during the course of about a year. On the last occasion the 'appellant's counsel stated that he had no instructions. The appellant who was present asked for an adjournment to arrange for the fees and to instru...

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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 dispute between the respondents and the appellants regarding ministries and line jobbers was referred to the Tribunal regarding the increase and standardisation of wages and regarding the designation of workmen doing the work of fancy jobbers and their pay. The appellant contended that an earlie...

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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 :

Certain lands were situated in the erstwhile State of Baroda before it became a part of the State of Bombay by merger. The Bombay Tenancy and Agricultural Lands Act, 1948, was extended to Baroda on August 1, 1949. Suits were filed in the Civil Court by appellantslandlord-, against the respondents...

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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 carried on the trade of auctioning vegetables in a private house in the Subzimandi quarter. The persons who brought vegetables for sale kept their carts on the public road where they caused obstruction to traffic. The noise caused by the auctioning caused discomfort to persons living...

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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 the land to U. who inducted one R. as a tenant on the land. The appellant as owners of the equity of redemption applied to the Court,constituted under the, Bombay Agricultural Debtors Relief Act for adjustment of the debt due under the mortgage and fo...

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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 tarward who was leaving for Bornes where he had taken up a job, appointed one M, who was the second senior most anandravan, as his mukthiar by executing a power of attorney, for the reason that the senior most anandravan was away in Madras. The said mukthiar in conjunction with other...

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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 assesses Company used to purchase sugarcane from the sugarcane growers to prepare sugar in its factory, in which a very large percentage of shares was owned by the Government of Mysore. As a part of its business operation it entered into written agreements with the sugarcane growers and advanced...

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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 as sellers of raw jute entered into forward contracts with the respondent jute mills to sell such jute to them. The contracts being transferable specific delivery contracts, were entered into in the standard printed forms of the East India Jute & Hessian Exchange Ltd., which was a...

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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 :

After an enquiry held under s. 545 of the Bombay Police Manual the pay of the respondent was reduced from 125/to Rs., 120/per mouth. During the enquiry the witnesses who had been examined at the preliminary investigation were recalled, and their previous statements were brought on record ,and after...

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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 receiving quota of coal and steel from the Government but had no factory. It entered into a partnership with a person who had a factory but no quota. The latter agreed to pay a royalty of Rs. 50 per ton of steel supplied to the firm under the quota. A few years later, tha...

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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, provides that the Central Government may constitute a Mining Board for any part of the territories to which the Act extended or for any group or class of mine-. In 1957 only one mining board i.e. the Bihar Mining Board was in existence and other mining boards were...

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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 convicted under s. 302 Indian Penal Code and also s. 377 and s. 395 of the Indian Penal Code. The Trial Court and the High Court had based the convict ions on the retracted confessions of each of the first three appellants supported by other circumstances in evidence and o circum...

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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 convicted for the murder of one B. The evidence against him was circumstantial and consisted of (1) a motive to kill B which he had in common with his father, (II) the recovery at his instance of an axe, shirt and dhoti stained with human blood and (III) his statements ma...

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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, provided that for prosecution for an offence under s. 19(f) of the Act committed in the territories north of the jumna and Ganga no sanction was required but sanction was required for the pro. section if the offence was committed in other areas. j was foun...

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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 who carry on the business in vegetable ghee purchased vegetable ghee from outside U. P. in the name of four fictitious firms. In their return of sales tax they did not include the sale proceeds of these transactions on the ground that they had purchased from the four firms and that un...

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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 was granted a licence to import from the U. S. A. a large quantity of electrical instruments. The licence was issued subject to the condition that the goods would be utilised only for consumption as raw material or accessories in the licence holder's fac...

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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 was charged and tried for offences under ss. 147, 302 read with s.34 of the Indian Penal Code. The prosecution alleged that these twelve persons formed themselves into an unlawful assembly and in prosecution of their common object committed the offence of rioti...

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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 in respect of certain residential premises. The tenancy was by the Indian Calendar. The appellant did not pay arrears of rent for about 5 years and the landlords gave him notice to quit as he was in arrears of rent for more than six months and asked him...

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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 present petitioners were respondents in C. A. No. 533/60 and the present respondents were the appellants in that appeal. The appeal was allowed by this Court on the ground that the respondents had lost their right to recover possession from the appellants on their estate vesting in the State of...

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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 had been redeemed. The trial court found that the plaintiff respondents had no subsisting title to the lands and that the suit was barred by adverse possession and limitation. The High Court, on appeal filed by the plaintiff respondents, allowed the appeal on the 291 ground th...

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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 convicted under s. 302 of the Indian Penal Code for the murder of a three and a half yea. old boy, T, and sentenced to death, while his father, the second appellant, was convicted under s. 201 for having concealed T's dead body. The prosecution case was that 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 were prosecuted and committed to the Sessions for trial. Raghav was convicted and sentenced to death under s. 302, I.P.C. He and Jai Devi, his mother, Ramanuj Das, Mohan Singh and Udham Singh were convicted under section 201 IPC. Ramanuj Das was also convicted under section 176 IPC. T...

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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 of the suit lands in favour of M. Later, in 1923 he executed a sale deed of the same lands in favour of Rajanna, uncle of the appellant. The appellant and Rajanna formed a joint Hindu family. As there was difficulty in obtaining possession by Rajanna, he R...

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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 for the purchase of certain bales of jute cuttings to be delivered by the respondents in equal installments every month in October, November and December, 1955. Under cl. 3 of the agreement the sellers were enti...

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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 :

One Ramalingam died at Bangalore leaving a will whereby he devised considerable immovable and movable properties in the States of Mysore and Madras. The executors applied for probate of the will and it was granted by the District judge, Bangalore, Shri P. Medappa. Thereupon the sons of Ramlingam ins...

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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 Propeietary Right's (Estates, Mahals Alienated Lands) Act, 1950, provides that when the notification under, s. 3 in, respect of any areas. has been, published in the Gazette, then,, notwithstanding anything contained in any contract, grant or...

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