Caselaw | Supreme Court Judgements of 1962

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The Government of Andhra Pradesh Vs. Syed Mohd. Khan [1962] INSC 151 (17 April 1962)

Judgement Date : 17 Apr 1962

Citation : 1962 Latest Caselaw 151 SC

Citizenship Act, 1955
Citizenship Rules, 1956

Headnote :

The Government of Andhra Pradesh instructed the respondents, who entered India holding a Pakistan passport, to leave the country by a certain date. In response, the respondents filed writ petitions in the High Court, where a single judge determined that according to section 9 in conjunction with rul...

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Ram Lal Kapur And Sons (P) Ltd. Vs. Ram Nath & Ors [1962] INSC 152 (18 April 1962)

Judgement Date : 18 Apr 1962

Citation : 1962 Latest Caselaw 152 SC

Headnote :

The appellants filed an appeal under the Letters Patent against the judgment of the Single Judge of the Punjab High Court dated January 5, 1953, which upheld a Division Bench\'s ruling that section 7A of the Delhi and Ajmer Rent Control Act, 1947, was unconstitutional and void. Meanwhile, the Divisi...

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Sree Raghuthilakathirthasreepadangalavaru Swamiji Vs. The State of Mysore & Ors [1962] INSC 153 (18 April 1962)

Judgement Date : 18 Apr 1962

Citation : 1962 Latest Caselaw 153 SC

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

Headnote :

The Mysore Tenancy Act of 1952 was established, among other reasons, to regulate the legal framework governing the relationships between landlords and tenants of agricultural land. Subsection (1) of section 6 of the Act states:\"Regardless of any agreement, custom, court decree, order, or law, the m...

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Shanti Prasad Jain Vs. The Director of Enforcement [1962] INSC 154 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 154 SC

Constitution of India
CrPC Section 349. Imprisonment or Committal of person refusing to answer or produce document
Indian Evidence Act, 1872

Headnote :

The appellant sought compensation from certain German companies for machinery supplied to their operations. After traveling to Germany, the appellant reached settlements with these firms, which involved the firms depositing specific amounts into the appellant\'s account at Deutsche Bank. This arrang...

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Vithal Yeshwant Jathar Vs. Shikandarkhan Makhtumkhansardesai [1962] INSC 155 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 155 SC

Bombay Hereditary Offices Act, 1874

Headnote :

In 1863, the Watandar was granted a permanent lease of watan lands for a fixed annual rent of Rs. 727/-. In 1907, the Watandar sought to have the lease declared null and void under section 9 of the Watan Act and requested possession of the lands.The Collector denied the application but instructed th...

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The Collector of Customs, Madras Vs. K. Ganga Setty [1962] INSC 156 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 156 SC

Headnote :

Item 42 of Part IV of the Import Trade Control Schedule allowed for the importation of \"fodder...\" from a soft currency area without requiring a special import license. In contrast, Item 32 of the same Schedule pertained to \"grain...\" and included oats, necessitating a license for the importatio...

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Kishinchand Chellaram Vs. Commissioner of Income-Tax,Central Bombay [1962] INSC 157 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 157 SC

Headnote :

Chellsons Ltd., a private limited company, declared dividends without considering its tax liabilities, including Extra Profits Tax. These declared dividends were recorded in the company\'s books under the accounts of each shareholder. In their tax returns for the relevant assessment year, shareholde...

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Firm Gulam Hussain Haji Yakub &Sons Vs. State of Rajasthan [1962] INSC 158 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 158 SC

Constitution of India

Headnote :

The appellant company was held responsible for paying Rs. 24,395 as customs duty for exporting charcoal from Sirohi. Since the company failed to pay this amount, the collector of Sirohi, upon the request of the customs authorities, issued a notice for the recovery of the amount under the Public Dema...

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G. Gilda Textile Agency Vs. State of Andhra Pradesh [1962] INSC 159 (19 April 1962)

Judgement Date : 19 Apr 1962

Citation : 1962 Latest Caselaw 159 SC

Headnote :

The appellant acted as an agent in Andhra Pradesh for certain non-resident principals who were cloth dealers. They received commissions on some orders placed and on all sales made by the principals within the territory in other cases. One type of transaction involved goods sold by the principal to b...

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Lachhman Das On Behalf of Firmtilak Ram Ram Bux Vs. State of Punjab & Ors [1962] INSC 160 (23 April 1962)

Judgement Date : 23 Apr 1962

Citation : 1962 Latest Caselaw 160 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Gwalior
Motor Vehicles Act, 1939
States Reorganisation Act, 1956

Malik Ram Vs. State of Rajasthan [1961] INSC 156 (14 April 1961)
Virendra Singh & Ors Vs. The State of Uttar Pradesh [1954] INSC 55 (29 April 1954)

Headnote :

On May 5, 1948, the leaders of eight states, including Patiala and Nabha, signed an agreement to merge these states into a new entity known as the Pepsu Union. According to Article VI of this agreement, all rights, powers, and jurisdiction of the rulers concerning governance were transferred to the...

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The Kalyan People's Co-Operative Bank Vs. Dulhanbibi Aqual Aminsaheb Patil [1962] INSC 161 (23 April 1962)

Judgement Date : 23 Apr 1962

Citation : 1962 Latest Caselaw 161 SC

Headnote :

The conflict between the appellant, a cooperative bank, and A, who had taken out a loan with a surety, was submitted to arbitration under Section 54 of the Bombay Cooperative Societies Act. The Board of Arbitrators was made up of three members. After the Board had gathered some evidence, the borrowe...

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Upper Doab Sugar Mills Ltd. Vs. Shahdara (Delhi) Saharanpurlight Railway Company Ltd. [1962] INSC 162 (23 April 1962)

Judgement Date : 23 Apr 1962

Citation : 1962 Latest Caselaw 162 SC

Government of India Act, 1935

Headnote :

A complaint was filed by the appellant with the Railway Rates Tribunal regarding the station-to-station rates imposed on sugarcane by the respondent Railway Company, as outlined in their rates circular No. 8 of 1953, effective from October 1, 1953. In their response, the Railway Company noted that t...

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T. R. Bhavani Shankar Joshi Vs. Somasundara Moopanar [1962] INSC 163 (24 April 1962)

Judgement Date : 24 Apr 1962

Citation : 1962 Latest Caselaw 163 SC

Headnote :

The property in question was part of the Tanjore Palace Estate. The appellant acquired ownership of the property in 1936 through a sale resulting from a mortgage decree obtained by his father in a 1926 lawsuit. The respondent had been in possession of the property under a lease agreement dated July...

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M. G. Agarwal Vs. State of Maharashtra [1962] INSC 164 (24 April 1962)

Judgement Date : 24 Apr 1962

Citation : 1962 Latest Caselaw 164 SC

CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)

Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Headnote :

The appellant Agarwal served as an Income Tax Officer, while appellant Kulkarni was a clerk working under him. They, along with another clerk from the Department, faced trial on multiple charges, the main accusation being that they conspired to fraudulently obtain income tax refund orders for fictit...

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S. S. Garewal Vs. Messrs. Bhowra Kankanee Colleries [1962] INSC 165 (26 April 1962)

Judgement Date : 26 Apr 1962

Citation : 1962 Latest Caselaw 165 SC

Mines Rules, 1955

Headnote :

The Government of India, pursuant to section 24 of the Mines Act, 1952, initiated an investigation into the disaster at the respondent\'s colliery. The Court of Inquiry submitted its findings on September 26, 1955, concluding that the accident resulted from management negligence, and consequently di...

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V. T. S. Chandarasekhara Mudaliar (Died) & Ors Vs. Kulandaivelu Mudaliar & Ors [1962] INSC 166 (26 April 1962)

Judgement Date : 26 Apr 1962

Citation : 1962 Latest Caselaw 166 SC

Headnote :

The appellants, who are the closer sapindas of the husband of the second respondent (who adopted the first respondent, the son of her agent), initiated a lawsuit seeking a declaration that the adoption was invalid. They argued that they had rightfully denied their consent and that the remote sapinda...

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Baleshwar Rai & Ors Vs. The State of Bihar [1962] INSC 167 (26 April 1962)

Judgement Date : 26 Apr 1962

Citation : 1962 Latest Caselaw 167 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Section 162 of the Code of Criminal Procedure addresses the admissibility of statements made to an investigating officer during an investigation. It does not imply that all statements made during the investigation period are inadmissible as evidence. For a statement to fall under the scope of Sectio...

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Sewa Singh Vs. State of Punjab [1962] INSC 168 (27 April 1962)

Judgement Date : 27 Apr 1962

Citation : 1962 Latest Caselaw 168 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was tried, found guilty of murder, and sentenced to death. Two eyewitnesses testified that he shot and killed the victim while the latter was riding a motorcycle past a shop. The doctor who performed the postmortem stated that the shot could have been fired from a distance of three to...

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The Regional Settlement Commissioner Vs. Sunderdas Bhasin [1962] INSC 169 (27 April 1962)

Judgement Date : 27 Apr 1962

Citation : 1962 Latest Caselaw 169 SC

Headnote :

The respondent, a displaced individual, owned agricultural land and houses in a rural area that is now part of West Pakistan. Each house was valued at under Rs. 10,000, but the combined value of all the houses exceeded Rs. 10,600. He was granted 2.5 acres of land as compensation for the agricultural...

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Chinna Gowda Vs. State of Mysore [1962] INSC 170 (27 April 1962)

Judgement Date : 27 Apr 1962

Citation : 1962 Latest Caselaw 170 SC

Indian Penal Code, 1860 (IPC)

Kashmira Singh Vs. State of Madhya Pradesh [1952] INSC 12 (4 March 1952)

Headnote :

The appellants were found guilty of murder, primarily based on the testimony of an approver and the confessions of two co-defendants.It was determined that the appellants\' conviction could not be upheld. While a conviction can be based solely on the evidence of an approver, it is prudent for courts...

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Dokku Bhushayya Vs. Katragadda Ramakrishnayya [1962] INSC 171 (27 April 1962)

Judgement Date : 27 Apr 1962

Citation : 1962 Latest Caselaw 171 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

One B secured a monetary decree against the appellant and his father. The appellant, being a minor, was represented by his maternal grandfather as his guardian. During the execution process, certain properties were sold, and the appellant, through his guardian, filed a request to annul the sale.The...

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Amritdhara Pharmacy Vs. Satyadeo Gupta [1962] INSC 172 (27 April 1962)

Judgement Date : 27 Apr 1962

Citation : 1962 Latest Caselaw 172 SC

Indian Evidence Act, 1872

Headnote :

The respondent sought to register the trade name \"Lakshmandhara\" for a medicinal product he has been manufacturing in Kanpur since 1923. It was acknowledged that his product was primarily sold in Uttar Pradesh. The appellant contested the registration, claiming exclusive rights to the trademark \"...

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Hansraj Nathu Ram Vs. Lalji Raja & Sons of Bankura [1962] INSC 173 (30 April 1962)

Judgement Date : 30 Apr 1962

Citation : 1962 Latest Caselaw 173 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Headnote :

A decree in favor of the respondent, issued by a Subordinate Judge in West Bengal, was transferred for execution on August 28, 1950, to the Court of the Additional District Judge in Morena, which was initially part of Gwalior State and later became part of the United States of Madhya Bharat, and sub...

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Raj Rajendra Sardar Maloji Marsingh Rao Shitole Vs. Sri Shankar Saran & Ors [1962] INSC 174 (30 April 1962)

Judgement Date : 30 Apr 1962

Citation : 1962 Latest Caselaw 174 SC

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

Headnote :

The appellant filed a lawsuit for monetary recovery against the respondents in a court located in Gwalior State in May 1947. The respondents, residing in U.P., failed to appear in court, leading to the Gwalior Court issuing an ex parte decree in November 1948. On September 14, 1951, the Gwalior Cour...

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Shaligram Vs. Daulat Ram [1962] INSC 175 (30 April 1962)

Judgement Date : 30 Apr 1962

Citation : 1962 Latest Caselaw 175 SC

Headnote :

The respondent imported 2,000 drums of mineral oil, of which the appellant seized 50 drums and imposed a personal penalty. The Central Board of Revenue dismissed the respondent\'s appeal. Subsequently, the respondent filed a petition under Article 226 of the Constitution in the Calcutta High Court....

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Collector of Customs, Calcutta Vs. East India Commercial Co. Ltd. [1962] INSC 176 (30 April 1962)

Judgement Date : 30 Apr 1962

Citation : 1962 Latest Caselaw 176 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The High Court of Bombay issued a decree against three defendants residing in the former state of Hyderabad. Prior to the decree, the appellant sought permission to defend, which was granted conditionally. However, due to the appellant\'s failure to act, an ex-parte decree was issued. The appellant...

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Kumar Bimal Chandra Sinha Vs. State of Orissa [1962] INSC 177 (30 April 1962)

Judgement Date : 30 Apr 1962

Citation : 1962 Latest Caselaw 177 SC

Orissa Estates Abolition Act, 1951

Headnote :

The appellants were the proprietors of the Paikpara estate.They acquired the disputed properties, which included raiyati lands and certain buildings, from the raiyat. Consequently, the proprietors became occupancy raiyats under the tenure holders or sub-proprietors. Following a notification issued u...

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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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