Caselaw | Supreme Court Judgements of september 1962

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Raja Bahadur Dhanraj Girji Vs. Raja P. Parthasarathy Rayanimvaru & Ors [1962] INSC 250 (4 September 1962)

Judgement Date : 04 Sep 1962

Citation : 1962 Latest Caselaw 250 SC

Indian Contract Act, 1872
Section 135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor

Headnote :

Although Section 135 of the Indian Contract Act does not explicitly apply to a surety bond executed in favor of the court, it is clear that the equitable principle underlying that section is relevant. The rationale behind this principle, which allows the surety to be discharged, is that the surety s...

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Adhyaksha Mathur Babu's Sakti Oushadhalaya Dacca (P) Ltd. A Vs. Union of India [1962] INSC 251 (7 September 1962)

Judgement Date : 07 Sep 1962

Citation : 1962 Latest Caselaw 251 SC

Constitution of India
Government of India Act, 1935

Headnote :

The petitioners operated as manufacturers of Ayurvedic medicinal preparations, producing Mritasanjibani, Mritasanjibani Sudha, and Mritasanjibani Sura through distillation methods outlined in ancient Ayurvedic texts such as Ayurvedic Sangraba, Bhaisajya Ratnabali, and Arka Prakash, which are recogni...

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Rai Bahadur Diwan Badri Das Vs. The Industrial Tribunal, Punjab [1962] INSC 252 (7 September 1962)

Judgement Date : 07 Sep 1962

Citation : 1962 Latest Caselaw 252 SC

Factories Act, 1948
Gwalior

Khandige Sham Bhat & Ors Vs. The Agricultural Income Tax Officer [1962] INSC 245 (29 August 1962)

Headnote :

On July 1, 1956, the appellants established a rule stating that all workers employed on or before that date would be entitled to 30 days of paid leave after completing 11 months of service, while those hired after that date would receive earned leave according to Section 79 of the Indian Factories A...

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Jyotish Thakur & Ors Vs. Tarakantjha & Ors [1962] INSC 253 (11 September 1962)

Judgement Date : 11 Sep 1962

Citation : 1962 Latest Caselaw 253 SC

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

Headnote :

S, the owner of the raiyati interest in the disputed lands, acquired the full interest of the Lakhirajdar, under whom he was the raiyat. The appellants purchased these lands from S\'s successors in interest through a deed dated May 15, 1935. The plaintiffs argued that the sale deed did not transfer...

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State of West Bengal Vs. Tulsidas Mundhra [1962] INSC 254 (11 September 1962)

Judgement Date : 11 Sep 1962

Citation : 1962 Latest Caselaw 254 SC

Headnote :

While an accused individual is not permitted to present evidence in their defense during proceedings under section 207A of the Code of Criminal Procedure, this limitation does not diminish the extensive authority that a Criminal Court possesses under section 540 of the Code to summon and question in...

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Bridge & Roof Co. (India) Ltd Vs. Union of India [1962] INSC 255 (11 September 1962)

Judgement Date : 11 Sep 1962

Citation : 1962 Latest Caselaw 255 SC

Headnote :

The first petitioner is a public limited company involved in the manufacturing of engineering goods. In addition to the basic wages and dearness allowance it provides, the company has implemented two Production bonus schemes. Due to some uncertainties regarding whether production bonuses should be i...

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Parmanand & Ors Vs. Ganpatrao & Ors [1962] INSC 256 (12 September 1962)

Judgement Date : 12 Sep 1962

Citation : 1962 Latest Caselaw 256 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants are the Lambardars of Mahal No.2 in Mouza Gujarkhedi, where they possess an undivided share of As. They were found to be in arrears of land revenue amounting to Rs. 730/13/-, leading to the sale of their property for Rs. 600/-. However, the sale proclamation stated that the arrears ow...

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Mrs. Vs. G. Paterson Vs. Mr. O. Vs. Forbes & Ors [1962] INSC 257 (13 September 1962)

Judgement Date : 13 Sep 1962

Citation : 1962 Latest Caselaw 257 SC

CrPC Section 88. Power to take bond for appearance

Headnote :

The appellant\'s mother passed away, leaving a will that named the appellant, her sister, and her brother as beneficiaries. The appellant applied for probate, which was granted to her.Later, in relation to a criminal appeal before the Oudh Chief Court, both the State\'s counsel and the appellant fil...

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Gurbaksh Singh Vs. Nikka Singh [1962] INSC 258 (14 September 1962)

Judgement Date : 14 Sep 1962

Citation : 1962 Latest Caselaw 258 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887
Section 41. TPA,Transfer by ostensible owner.

Headnote :

Teja Singh and Jhandha Singh jointly owned a piece of agricultural land, which they divided into 1 and 7 shares, respectively. They requested the revenue authorities to update the land records to reflect their shares. However, due to an error, the entire land was mistakenly recorded under Teja Singh...

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Sobhraj Odharmal Vs. State of Rajasthan [1962] INSC 259 (17 September 1962)

Judgement Date : 17 Sep 1962

Citation : 1962 Latest Caselaw 259 SC

Motor Vehicles Act, 1939

Headnote :

A proposal for running a motor transport service along the Jaipur-Kotah route by the State Roadways was published in the Government Gazette. Sixty-one private operators on this route raised objections to the proposal. The Legal Remembrancer reviewed these objections and dismissed them. The State Gov...

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Tata Iron And Steel Co. Ltd. Vs. The State of Bihar [1962] INSC 260 (24 September 1962)

Judgement Date : 24 Sep 1962

Citation : 1962 Latest Caselaw 260 SC

Cess Act, 1880
Cess Act, 1880
Cess Act, 1880

Headnote :

The appellant company owned several mines in Bihar, where it extracted iron ore for use in its Jamshedpur factory to produce iron and steel. According to sections 5 and 6 of the Bengal Cess Act, 1880, as amended in Bihar, all immovable properties in the state were subject to local cess, which for mi...

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M/S. Mangalore Ganesh Bedi Works Vs. The State of Mysore & ANR [1962] INSC 261 (25 September 1962)

Judgement Date : 25 Sep 1962

Citation : 1962 Latest Caselaw 261 SC

Constitution of India

Headnote :

The appellant was a registered business under the Mysore Sales Tax Act, which imposed a tax of Rs. 1,16,728.44 NPS at a rate of 0.02 NPS per rupee based on a return exceeding Rs. 58,36,422.26 NPS. The appellant\'s complaint was that, according to the Mysore Sales Tax Act, it should have been liable...

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Union Territory of Tripura,Agartala Vs. Gopal Chander Dutta Choudhury [1962] INSC 262 (25 September 1962)

Judgement Date : 25 Sep 1962

Citation : 1962 Latest Caselaw 262 SC

Constitution of India

Headnote :

The individual in question was appointed as a constable in the Tripura Police Force on a temporary basis. His employment was terminated with one month\'s notice, in accordance with rule 5 of the Central Services (Temporary Service) Rules, 1949. The individual appealed this decision, but the Appellat...

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Jaswant Sugar Mills Ltd., Meerut Vs. Lakshmichand & Ors [1962] INSC 263 (25 September 1962)

Judgement Date : 25 Sep 1962

Citation : 1962 Latest Caselaw 263 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

The workers of the appellant company took direct action to assert their demands for bonuses, leave, and other benefits. In response, the company issued charge sheets to sixty-three workers. The inquiry officer who examined the charges concluded that all the workers were guilty of engaging in sabotag...

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Khem Chand Vs. Union of India [1962] INSC 264 (25 September 1962)

Judgement Date : 25 Sep 1962

Citation : 1962 Latest Caselaw 264 SC

Constitution of India

Headnote :

The appellant, a public servant, received a charge sheet and was subsequently dismissed after an inquiry. He filed a lawsuit seeking a declaration that his dismissal was invalid and that he remained in service. The Supreme Court ultimately ruled in his favor, granting the declarations he sought. Mea...

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Chimanlal Jagjivandas Sheth Vs. State of Maharashtra [1962] INSC 265 (26 September 1962)

Judgement Date : 26 Sep 1962

Citation : 1962 Latest Caselaw 265 SC

Headnote :

The appellant was discovered to be in possession of significant amounts of absorbent cotton wool, roller bandages, and gauze that he had produced himself. Upon examination, these items were determined to be substandard, leading to the appellant\'s prosecution under section 18 of the Drugs Act, 1940,...

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Ramrao Jankiram Kadam Vs. State of Bombay [1962] INSC 266 (26 September 1962)

Judgement Date : 26 Sep 1962

Citation : 1962 Latest Caselaw 266 SC

Section 41. TPA,Transfer by ostensible owner.
Section 51. TPA, Improvements made by bona fide holders under defective titles.

Headnote :

A sum of approximately Rs. 9,000 was owed by the appellant to the Government for excise dues. The appellant\'s movable and immovable properties were repeatedly auctioned under Chapter XI of the Bombay Land Revenue Code, but the dues remained unpaid, and three parcels of land went unsold. Following a...

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Y. Lakshminarayana Reddy& Ors Vs. The State of Andhra Pradesh [1962] INSC 267 (26 September 1962)

Judgement Date : 26 Sep 1962

Citation : 1962 Latest Caselaw 267 SC

Headnote :

The lands of Gudur village were irrigated by tanks that received water from the Venkatagiri river via the \"Gudur anicut system.\" The Government planned to modify the Chennur anicut upstream to supply water to the Chennur tank for irrigating the lands of Chennur village.Residents of Gudur village f...

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Swami Motor Transport (P) Ltd. & ANR Vs. Sri Sankaraswamigal Mutt & ANR [1962] INSC 268 (26 September 1962)

Judgement Date : 26 Sep 1962

Citation : 1962 Latest Caselaw 268 SC

Headnote :

Each appellant in the two appeals, who were tenants of land in Tanjore where they had built non-residential structures, submitted applications to the Munsif under section 9 of the Madras City Tenants Protection Act, 1921 (111 of 1922), seeking to have the respective sites transferred to them after d...

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Hazari Lal Vs. State of Bihar [1962] INSC 269 (27 September 1962)

Judgement Date : 27 Sep 1962

Citation : 1962 Latest Caselaw 269 SC

Indian Penal Code, 1860 (IPC)
IPC Section 349. Force
IPC Section 353. Assault or criminal force to deter public servant from discharge of his duty

Headnote :

The Assistant Superintendent of Commercial Taxes unexpectedly visited the appellant\'s shop and discovered two sets of account books. He began examining them, but the appellant forcibly took both books away. An attempt by the Assistant Superintendent\'s orderly peon to retrieve the books was thwarte...

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Radhakishan Vs. State of U. P [1962] INSC 270 (27 September 1962)

Judgement Date : 27 Sep 1962

Citation : 1962 Latest Caselaw 270 SC

CrPC Section 165. Search by police officer
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The appellant, a postman, lived in the same house as his father. Some undelivered postal items were found in an almirah in the house, and the father provided the key to it. The appellant was tried and convicted under section 52 of the Post Offices Act for concealing postal articles. He argued that s...

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Tulsi Ram Vs. State of U. P [1962] INSC 271 (27 September 1962)

Judgement Date : 27 Sep 1962

Citation : 1962 Latest Caselaw 271 SC

Indian Penal Code, 1860 (IPC)
IPC Section 24. Dishonestly
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The appellants faced trial and were convicted for conspiring to defraud certain banks. The prosecution presented a letter from the Under Secretary to the Government, indicating that the Governor had granted permission to prosecute the appellants. This sanction was not contested in the trial court or...

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Pioneer Traders & Ors Vs. Chief Controller of Imports And Exports Pondicherry [1962] INSC 272 (27 September 1962)

Judgement Date : 27 Sep 1962

Citation : 1962 Latest Caselaw 272 SC

Constitution of India

Headnote :

The petitioners imported goods to Pondicherry under patents issued by the French Administration after the Union of India took control of the territory on November 1, 1954. They had placed their orders for these imports in England prior to August 15, 1954, using foreign exchange obtained through meth...

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Shabir Hussein Bholu Vs. State of Maharashtra [1962] INSC 273 (28 September 1962)

Judgement Date : 28 Sep 1962

Citation : 1962 Latest Caselaw 273 SC

CrPC Section 476. Forms
CrPC Section 479. Cases in which Judge or Magistrate is personally interested
IPC Section 193. Punishment for false evidence

Headnote :

The appellant testified as a witness in a murder jury trial. During his testimony, he provided a statement that contradicted his earlier statement made before the committing court. After the trial concluded and the judgment was delivered, the Sessions judge issued a separate order to prosecute the a...

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Dhanvantrai Balwantrai Desai Vs. State of Maharashtra [1962] INSC 274 (28 September 1962)

Judgement Date : 28 Sep 1962

Citation : 1962 Latest Caselaw 274 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant served as the Resident Engineer for Light Houses, while the complainant held a contract for the reconstruction of one of the light houses. During this project, the contractor utilized water from a temple well and stored cement in a room of the temple. Upon completion of the work, the a...

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Kanwal Lal Vs. State of Punjab [1962] INSC 275 (28 September 1962)

Judgement Date : 28 Sep 1962

Citation : 1962 Latest Caselaw 275 SC

Indian Penal Code, 1860 (IPC)
IPC Section 500. Punishment for defamation
Punjab Gram Panchayat Act, 1952

Headnote :

The appellant, a public servant, sent a letter to the Panchayat Officer claiming that the complainant was a prostitute and requested her removal from her residence. He was subsequently prosecuted and found guilty of defamation under Section 500 of the Penal Code. The appellant argued that he was pro...

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M. R. Balaji & Ors Vs. State of Mysore [1962] INSC 276 (28 September 1962)

Judgement Date : 28 Sep 1962

Citation : 1962 Latest Caselaw 276 SC

Constitution of India

Headnote :

On July 26, 1958, the State of Mysore issued an order declaring that all communities, except for the Brahmin community, were classified as educationally and socially backward classes, as well as Scheduled Castes and Scheduled Tribes. Consequently, 75% of seats in educational institutions were reserv...

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State of Madhya Pradesh Vs. Peer Mohd. & ANR [1962] INSC 277 (28 September 1962)

Judgement Date : 28 Sep 1962

Citation : 1962 Latest Caselaw 277 SC

Citizenship Act, 1955
Constitution of India
CrPC Section 249. Absence of complainant
Foreigners Act, 1946
Foreigners Order, 1948

Headnote :

The individuals who were Indian citizens left India for Pakistan after January 26, 1950. They returned to India in 1956 using a Pakistani passport and visa. Despite the expiration of their visa, they remained in India and were charged under Section 14 of the Foreigners Act, 1946, in conjunction with...

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