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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

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...
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

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

Judgement Date : 14 Feb 1962

Citation : 1962 Latest Caselaw 53 SC

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

Judgement Date : 15 Feb 1962

Citation : 1962 Latest Caselaw 55 SC

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...
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

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

Judgement Date : 15 Feb 1962

Citation : 1962 Latest Caselaw 57 SC

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...
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

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...
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

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

Judgement Date : 16 Feb 1962

Citation : 1962 Latest Caselaw 60 SC

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

Judgement Date : 16 Feb 1962

Citation : 1962 Latest Caselaw 61 SC

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...
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...
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

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

Judgement Date : 20 Feb 1962

Citation : 1962 Latest Caselaw 64 SC

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

Judgement Date : 20 Feb 1962

Citation : 1962 Latest Caselaw 65 SC

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...
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...
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

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

Judgement Date : 22 Feb 1962

Citation : 1962 Latest Caselaw 68 SC

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...
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

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...
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

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

Judgement Date : 27 Feb 1962

Citation : 1962 Latest Caselaw 74 SC

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...
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

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

Judgement Date : 01 Mar 1962

Citation : 1962 Latest Caselaw 78 SC

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...
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

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...
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...
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

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

Judgement Date : 05 Mar 1962

Citation : 1962 Latest Caselaw 83 SC

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...
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

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

Judgement Date : 06 Mar 1962

Citation : 1962 Latest Caselaw 85 SC

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

Judgement Date : 07 Mar 1962

Citation : 1962 Latest Caselaw 87 SC

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

Judgement Date : 07 Mar 1962

Citation : 1962 Latest Caselaw 88 SC

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...
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

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

Judgement Date : 09 Mar 1962

Citation : 1962 Latest Caselaw 90 SC

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...
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

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...
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

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...
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

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...
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...
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...
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

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

Judgement Date : 15 Mar 1962

Citation : 1962 Latest Caselaw 98 SC

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...
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

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...
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

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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