Caselaw | Supreme Court Judgements of august 1963

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The Buckingham And Carnatic Co. Ltd. Vs. Venkatiah & ANR [1963] INSC 160 (2 August 1963)

Judgement Date : 02 Aug 1963

Citation : 1963 Latest Caselaw 188 SC

Employees State Insurance Act, 1948

Headnote :

The respondent Venkatiah went on leave for six days and did -not join duty on the expiry of the leave period but remained absent without sending to the appellant any communication for extending his leave. Later, he sent 2 letter to the appellant accompanied by a medical certificate issued by a Civil...

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R. P. Kapur Vs. Pratap Singh Kairon & Ors [1963] INSC 161 (2 August 1963)

Judgement Date : 02 Aug 1963

Citation : 1963 Latest Caselaw 189 SC

Constitution of India
CrPC Section 154. Information in cognizable cases
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 5. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
IPC Section 167. Public servant farming an incorrect document with intent to cause injury
IPC Section 385. Putting person in fear of injury in order to commit extortion
IPC Section 465. Punishment for forgery
Public Servants (Inquiries) Act, 1850

Headnote :

The appellant jointed the Indian Civil Service in 1938. He continued in the service after the independence of India and since 1948 has been serving the Government of Punjab. In July, 1959, When he was serving as Commissioner Ambala Division, he was placed under suspension. A few months before that,...

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State of Maharashtra Vs. Jagatsing Charansingh & ANR [1963] INSC 162 (13 August 1963)

Judgement Date : 13 Aug 1963

Citation : 1963 Latest Caselaw 190 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Amrik Singh Vs. The State of Pepsu [1955] INSC 9 (28 February 1955)

Headnote :

One Dongarsing obtained an application form for applying to the Transport Corporation at Dhulia for his employment as a truck driver under the Corporation. He subsequently met respondent no. 2 who was employed in the transport department of the corporation. Respondent No. 2 promised to get Dongarsin...

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The South India Corporation(P) Ltd. Vs. The Secretary, Board of Revenue & ANR [1963] INSC 163 (13 August 1963)

Judgement Date : 13 Aug 1963

Citation : 1963 Latest Caselaw 191 SC

Constitution of India
Kerala Surcharge on Taxes Act, 1957

Headnote :

On March 17, 1959 the appellant, a private limited company was assessed to sales tax under the Travancore Cochin General Sales Tax Act, 1125 M.E. for the assessment year 1952-53 in respect of "works contracts". The company filed a revision petition before the 1st respondent, but it was rej...

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Aluminium Corporation Vs. Their Workmen & Ors [1963] INSC 164 (14 August 1963)

Judgement Date : 14 Aug 1963

Citation : 1963 Latest Caselaw 192 SC

Headnote :

The appellant is a manufacturer of aluminium, having two factories one near Asansol and another in Asansol. A dispute having arisen between the appellant and the respondent on the question of bonus for the year 1957-58 it was referred to the Industrial Tribunal by the Government of West Bengal. A si...

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Major S. S. Khanna Vs. Brig. F.J. Dillon [1963] INSC 165 (14 August 1963)

Judgement Date : 14 Aug 1963

Citation : 1963 Latest Caselaw 193 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant and the respondent entered into a partnership to do business as Construction Engineers but in February 1956 they agreed to dissolve it. It was agreed that the respondent was to take over all the assets and liabilities of the partnership and keep the appellant indemnified from all liabi...

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State Bank of Bikaner Vs. Balai Chander Sen [1963] INSC 166 (14 August 1963)

Judgement Date : 14 Aug 1963

Citation : 1963 Latest Caselaw 194 SC

Headnote :

The respondent while working as an assistant cashier of the appellant-bank, received Rs. 4,100/but denied having received that amount and stated that he was paid only Rs. 4,000/-. He was suspended and charge-sheeted for giving false statements to the manager. An enquiry was held. The enquiry offi...

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Lachman Utamchand Kiriplani Vs. Meena Alias Mota [1963] INSC 167 (14 August 1963)

Judgement Date : 14 Aug 1963

Citation : 1963 Latest Caselaw 195 SC

Hindu Marriage Act, 1955

Headnote :

Where an application is made under s. 10(1)(a) of the Hindu Marriage Act, 1955, for a decree for judicial separation on the ground of desertion, the legal burden is upon the petitioning spouse to establish by convincing evidence beyond any reasonable doubt that the respondent intentionally forsook a...

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Gurugobinda Basu Vs. Sankari Prasad Ghosal & Ors [1963] INSC 168 (14 August 1963)

Judgement Date : 14 Aug 1963

Citation : 1963 Latest Caselaw 196 SC

Constitution of India
Representation of the People Act, 1950
Representation of the People Act, 1951

Headnote :

The appellant was a chartered accountant and a partner of a firm of auditors. This firm acted as auditors of two companies, among others, registered under the Indian Companies Act, 1956, the entirety of the shares of one of which are owned by the Union Government and the entirety of the shares of th...

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State of Uttar Pradesh Vs. Singhara Singh & Ors [1963] INSC 169 (16 August 1963)

Judgement Date : 16 Aug 1963

Citation : 1963 Latest Caselaw 197 SC

CrPC Section 164. Recording of confessions and statements
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

By sub-sec. (1) of s. 164 of the Code of Criminal Procedure it was provided, "Any Presidency Magistrate, any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by State Government may, if he is not a police -officer record any statement or co...

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State of Orissa Vs. M. A. Tulloch And Co. [1963] INSC 170 (16 August 1963)

Judgement Date : 16 Aug 1963

Citation : 1963 Latest Caselaw 198 SC

Constitution of India
General Clauses Act, 1897
Government of India Act, 1935

Headnote :

On a lease granted by the appellant under the Central Act 53 of 1948 the Respondent Trulloch & Co. was working a manganese mine. The State Legislature of Orissa, then passed the Orissa Mining Areas Development Fund Act, 1952 where under the State Government was empowered to levy a fee being inte...

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Ghanshyam Das Vs. Regional Assistant Commissioner of Sales Tax Nagpur [1963] INSC 171 (16 August 1963)

Judgement Date : 16 Aug 1963

Citation : 1963 Latest Caselaw 199 SC

Headnote :

The appellant was a registered dealer carrying on business in bidis. For the year 1949-50, i.e., for the period from October 22, 1949 to November 9, 1950 he submitted only one return on October 5, 1950 for one quarter and defaulted in respect of the other quarters. He was served a notice on August 1...

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Noor Khan Vs. State of Rajasthan [1963] INSC 172 (19 August 1963)

Judgement Date : 19 Aug 1963

Citation : 1963 Latest Caselaw 200 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 173. Report of police officer on completion of investigation
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellant and nine others were tried before the Sessions Judge for offences of rioting and being members of an unlawful assembly and causing in furtherance of their common object death of one person and serious injuries to four others. The appellant was also charged for the substantive offence o...

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Guramma Bhratar Chanbasappa Deshmukh & ANR Vs. Malappa [1963] INSC 173 (19 August 1963)

Judgement Date : 19 Aug 1963

Citation : 1963 Latest Caselaw 201 SC

Headnote :

'A' died on January 8, 1944. He left behind him three wives and two widowed daughters, children of his predeceased wife. The senior most widow filed a civil suit for partition and possession of 1/6th share after setting aside the alienations made by her husband on January 4 and 5, 1944....

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State of Mysore Vs. K. Manche Gowda [1963] INSC 174 (22 August 1963)

Judgement Date : 22 Aug 1963

Citation : 1963 Latest Caselaw 202 SC

Constitution of India
Government of India Act, 1935

Headnote :

The respondent was holding the post of an Assistant to the Additional Development Commissioner, Planning, Bangalore. A departmental enquiry was held against him and the Enquiry Officer recommended that the respondent be reduced in rank. After considering the report of Enquiry Officer, the Government...

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Deputy Director of Consolidation, Azamgarh Vs. Deen Bandhu Rai [1963] INSC 175 (23 August 1963)

Judgement Date : 23 Aug 1963

Citation : 1963 Latest Caselaw 203 SC

Headnote :

The four respondents made two applications to the Settlement Officer Consolidation, for permission under sub-s. (1) of s. 16A for the U.P. Consolidation of Holdings Act 1953 for transfer by way of exchange of certain plots in 11 villages. The proceedings for consolidation were in progress in all...

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Sri Athmanathaswami Devasthanam Vs. K. Gopalaswami Aiyangar [1963] INSC 142 (9 august 1963)

Judgement Date : 09 Aug 1963

Citation : 1963 Latest Caselaw 204 SC

Headnote :

One Mammotty was married to Seinaba and he-made a gift 550 of his properties including immovable property to Seinaba by a registered deed. Mammotty died without an issue more than two years after the execution of the gift deed. Later on, Seinaba also died without leaving an issue. At the time of gif...

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The University of Mysore & ANR Vs. C. D. Govinda Rao & ANR [1963] INSC 177 (26 August 1963)

Judgement Date : 26 Aug 1963

Citation : 1963 Latest Caselaw 205 SC

University Grants Commission Act, 1956

Headnote :

The University of Mysore, Appellant no. 1, advertised inviting applications for 6 posts of Professors and 6 posts of Rcaders. Among them were included the post of a Professor of English and of a Reader in English. Candidates for the post of Reader were required to possess (a) a first or high second...

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P. C. Wadhwa Vs. Union of India & ANR [1963] INSC 178 (27 August 1963)

Judgement Date : 27 Aug 1963

Citation : 1963 Latest Caselaw 206 SC

All India Services Act, 1951
Constitution of India

Headnote :

The appellant is a member of the Indian Police Service. He joined the service in 1952 and was confirmed in 1953. In 1958 the appellant was promoted to officiate in the senior time-scale and was posted as Additional Superintendent of Police at Ferozepore, in the place of one Siasat Singh who was gran...

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Shranappa Mutyappa Halke Vs. State of Maharashtra [1963] INSC 179 (27 August 1963)

Judgement Date : 27 Aug 1963

Citation : 1963 Latest Caselaw 207 SC

CrPC Section 288. Return of commissions
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 342. Punishment for wrongful Confinement

Headnote :

The appellants were convicted by the High Court for committing three murders. In this case the High Court considered the testimony of one "Parwati", given by her in the committing court. She was in eye witness of the occurrence according to her testimony in the committing court. In the ses...

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Sajjan Singh Vs. The State of Punjab [1963] INSC 180 (28 August 1963)

Judgement Date : 28 Aug 1963

Citation : 1963 Latest Caselaw 208 SC

Indian Penal Code, 1860 (IPC)

Surajpal Singh & Ors Vs. The State [1951] INSC 62 (20 December 1951)

Headnote :

The appellant was an overseer and then became a Sub-Divisional Officer in the Irrigation Department. On the basis of a complaint, a case was registered against him and after sanction by the Government had been obtained for his prosecution under s. 5(2) of the Prevention of Corruption Act and s. 161/...

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Hukma Vs. State of Rajasthan [1963] INSC 181 (29 August 1963)

Judgement Date : 29 Aug 1963

Citation : 1963 Latest Caselaw 209 SC

Headnote :

The appellant was found carrying 286 tolas of gold in running train between Kerla and Pali stations by the Sub Inspector of Barmer District. After the gold was seized, criminal proceedings were instituted against the appellant. The trial court acquitted the appellant but the High Court convicted...

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T. Devadasan Vs. The Union of India & ANR [1963] INSC 182 (29 August 1963)

Judgement Date : 29 Aug 1963

Citation : 1963 Latest Caselaw 210 SC

Constitution of India

Headnote :

On February 6, 1960, the Union Public Service Commission issued a notification to the effect that a limited competitive examination for promotion to the regular temporary establishment of Assistant Superintendents of the Central Secretariat Service would be held in June, 1960. The notification fu...

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Kharkan & Ors Vs. The State of U.P [1963] INSC 183 (29 August 1963)

Judgement Date : 29 Aug 1963

Citation : 1963 Latest Caselaw 211 SC

CrPC Section 237. Procedure in cases instituted under section 199(2)
CrPC Section 403. Option of court to hear parties
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 323. Punishment for voluntarily causing hurt

Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

The eight appellants variously armed attacked one 'T' and as a result of the assault 'T' died. These appellants then proceeded to loot the house of 'T' and on the way met four others who joined them. They then came across one 'P' and assaulted him. There was a small g...

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Karam Singh Sobti & ANR Vs. Shri Pratap Chand & ANR [1963] INSC 184 (29 August 1963)

Judgement Date : 29 Aug 1963

Citation : 1963 Latest Caselaw 212 SC

Delhi and Ajmer Rent Control Act, 1952
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

By s. 13 of the Delhi and Ajmer Rent Control Act, 1952 which came into force on June 9, 1952, courts were prohibited from directing eviction of a tenant at the suit of a landlord excepting in the cases mentioned in the proviso to it. Clause (c) of the proviso permitted ejectment where the "t...

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Union of India Vs. H. C. Goel [1963] INSC 185 (30 August 1963)

Judgement Date : 30 Aug 1963

Citation : 1963 Latest Caselaw 213 SC

Constitution of India
Government of India Act, 1935

Headnote :

On a complaint the appellant decided to hold a departmental enquiry against the respondent, suspended him and served a notice calling upon him to show cause why disciplinary action should not be taken on the following charges; (i) Meeting the Deputy Director, Administration, C.P.W.D., at his residen...

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