Caselaw | Supreme Court Judgements of december 1963

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South Indian Bank Ltd. Vs. A.R. Chacko [1963] INSC 233 (2 December 1963)

Judgement Date : 02 Dec 1963

Citation : 1963 Latest Caselaw 261 SC

Industrial Disputes Act, 1947

Headnote :

The respondent, who worked as a clerk at the appellant Bank, was promoted to the position of Accountant, and his salary was adjusted accordingly. He subsequently submitted an application under section 33C(2) of the Industrial Disputes Act, asserting his entitlement to (a) the basic pay of his previo...

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State Bank of India Vs. Nanak Chand Jain [1963] INSC 234 (2 December 1963)

Judgement Date : 02 Dec 1963

Citation : 1963 Latest Caselaw 262 SC

Headnote :

The respondent, who was an employee of the appellant Bank, was acquitted of the charge of misappropriating the Bank\'s funds. However, following an inquiry by the Bank, the respondent was found guilty of negligence, leading to the decision to terminate his employment. He was subsequently notified of...

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Workmen of Subong Tea Estate Vs. The Outgoing Management of Subong tea Estate & INSC [1963] INSC 235 (2 December 1963)

Judgement Date : 02 Dec 1963

Citation : 1963 Latest Caselaw 263 SC

Headnote :

On January 12, 1959, respondent no. 1, who was in charge of the Subong Tea Estate, consented to transfer the estate to respondent no. 2. This transfer was contingent upon receiving approval from the Reserve Bank of India, which was granted on July 15, 1959, and the actual conveyance took place on De...

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Commissioner of Income-Tax, Bombay Vs. James Anderson [1963] INSC 236 (2 December 1963)

Judgement Date : 02 Dec 1963

Citation : 1963 Latest Caselaw 264 SC

Headnote :

G, a shareholder in a private limited company, created a will to manage his estate and passed away on May 13, 1945. The respondent received Letters of Administration \"durante absentia\" for the estate and, following an agreement with the company and an individual named M to sell the shares to M, tr...

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Vriddhachalam Pillai Vs. Chaldean Syrian Bank Ltd., another [1963] INSC 237 (3 December 1963)

Judgement Date : 03 Dec 1963

Citation : 1963 Latest Caselaw 265 SC

Headnote :

Kalayanasundaram and his family were long-time residents of Palghat in the former State of Madras, and his son, the appellant, was part of an undivided Hindu family. The family owned properties not only in Palghat but also in Cochin.In 1945, Kalayanasundaram entered into several contracts with the G...

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Manimala Devi Vs. Indu Bala Debya & Ors [1963] INSC 238 (3 December 1963)

Judgement Date : 03 Dec 1963

Citation : 1963 Latest Caselaw 266 SC

Section 68. TPA, Right to sue for mortgage-money.

Headnote :

Rajkumar Singh owned three properties: A, B, and C. He took out a loan from Rabindra Nath, mortgaging properties A and B, and agreed to be personally liable for the repayment. He also consented that if he failed to pay by the due date, the mortgagee could recover the dues by selling properties A, B,...

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Moti Ram Deka Vs. General Manager, N.E.F. Railways [1963] INSC 239 (5 December 1963)

Judgement Date : 05 Dec 1963

Citation : 1963 Latest Caselaw 267 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Section 23. What consideration and objects are lawful, and what not

Headnote :

Moti Ram Deka served as a peon with the North East Frontier Railway, while Sudhir Kumar Das held a confirmed position as a clerk. The General Manager of the North East Frontier Railway dismissed them under Rule 148(3) of the Indian Railway Establishment Code, Volume 1.They contested their dismissals...

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Bai Achhuba Amar Singh Vs. Sri Kalidas Harnath Ojha & Ors [1963] INSC 240 (6 December 1963)

Judgement Date : 06 Dec 1963

Citation : 1963 Latest Caselaw 268 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant owned fields with survey numbers 231 and 260 in a village in Gujarat. Respondent No. 1 served as the manager of her estate for a period and, while in that role, obtained a sale deed for those fields from her. The appellant subsequently filed an application with the Mamlatdar seeking a...

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Burn and Company Ltd. Vs. Its Workmen [1963] INSC 241 (6 December 1963)

Judgement Date : 06 Dec 1963

Citation : 1963 Latest Caselaw 269 SC

Headnote :

A dispute emerged between the company and its workers regarding the profit bonus for the year 1960. The company was willing to pay a bonus equivalent to 3.5 months\' wages, while the workers sought a higher amount. Following the principles established by this Court, the Tribunal calculated the net a...

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Sultan Brothers (P) Ltd. Vs. Commissioner of Income-Tax [1963] INSC 242 (6 December 1963)

Judgement Date : 06 Dec 1963

Citation : 1963 Latest Caselaw 270 SC

Headnote :

The appellant, who is the assessee, leased a fully furnished building for a duration of six years for hotel operations and related activities. The lease agreement stipulated a rental fee for the building along with a separate charge for the furniture and fixtures. In determining the income from this...

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State of Gujarat Vs. Jethalal Chelabhai Patel [1963] INSC 243 (6 December 1963)

Judgement Date : 06 Dec 1963

Citation : 1963 Latest Caselaw 271 SC

Factories Act, 1948

Headnote :

While lubricating the spur gear wheel of an oil mill, a worker\'s hand became trapped and had to be amputated.At the time of the incident, it was noted that the cover of the spur gear wheel was missing. The manager of the mill was charged under section 92 of the Factories Act for failing to comply w...

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Life Insurance Corporation Ltd. Vs. Commissioner of Income-Tax, Delhi & Rajasthan [1963] INSC 244 (9 December 1963)

Judgement Date : 09 Dec 1963

Citation : 1963 Latest Caselaw 272 SC

Insurance Act, 1938
Life Insurance Corporation Act, 1956

Headnote :

The appellant moved a specific sum from its Consolidated Revenue Account to the Investment Reserve Fund, a move it was authorized to make. This transfer resulted in a decrease in the appellant\'s taxable surplus. The Income-tax Officer instructed the appellant to lower the transfer by a specified am...

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Sri Rama Vilas Service (P) Ltd. Vs. C. Chandrasekaran & Ors [1963] INSC 245 (9 December 1963)

Judgement Date : 09 Dec 1963

Citation : 1963 Latest Caselaw 273 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The Regional Transport Authority issued a stage carriage permit to the appellant. However, upon appeal, the State Transport Appellate Tribunal determined that the appellant held a monopoly over an 18-mile segment of the route in question, leading to the rejection of the appellant\'s permit applicati...

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Bhusawal Borough Municipality Vs. Amalgamated Electricity Co. Ltd. & INSC [1963] INSC 246 (10 December 1963)

Judgement Date : 10 Dec 1963

Citation : 1963 Latest Caselaw 274 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Municipality initiated two lawsuits seeking a refund of two payments made to respondent no. 1 under protest, specifically regarding electricity charges. Respondent no. 1 defended itself by stating that the dispute had been resolved by the Government of Bombay, and according to the second proviso...

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Mathuri & Ors Vs. State of Punjab [1963] INSC 247 (11 December 1963)

Judgement Date : 11 Dec 1963

Citation : 1963 Latest Caselaw 275 SC

Code of Civil Procedure, 1908 (CPC)
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 25. Fraudulently
IPC Section 302. Punishment for murder
IPC Section 441. Criminal trespass
IPC Section 448. Punishment for house-trespass

Headnote :

The appellants in the main appeal, along with several others, faced trial for offenses under sections 148, 302, and 307 in conjunction with section 149 of the Indian Penal Code. The events leading to their trial unfolded as follows: certain landlords, having obtained decrees for possession, attempte...

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V.R. Sadie Naidu Vs. Bakthavatsalam & INSC [1963] INSC 248 (11 December 1963)

Judgement Date : 11 Dec 1963

Citation : 1963 Latest Caselaw 276 SC

Headnote :

The minor respondent, referred to as respondent no. I, initiated a partition suit claiming that upon his birth, he became a member of the joint Hindu family established by his father, Sadagopa Naidu, the first defendant in the case, along with the other nine individuals named as defendants 2 to 10....

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Ram Sarup Vs. The Union of India & INSC [1963] INSC 249 (12 December 1963)

Judgement Date : 12 Dec 1963

Citation : 1963 Latest Caselaw 277 SC

Army Rules, 1954
Constitution of India

Headnote :

The General Court Martial sentenced the petitioner, a sepoy, to death under section 69 of the Army Act in conjunction with section 302 of the Indian Penal Code for the murder of two sepoys and a Havildar. The Central Government upheld the sentence. The petitioner subsequently filed writs of habeas c...

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Ram Sarup Vs. The Union of India & INSC [1963] INSC 249 (12 December 1963)

Judgement Date : 12 Dec 1963

Citation : 1963 Latest Caselaw 278 SC

Constitution of India
Delegation of Powers
Delegation of Powers
Government of India Act, 1935
River Boards Act, 1956
River Boards Act, 1956
Tea Act, 1953

Rai Ramkrishna & Ors Vs. The State of Bihar [1963] INSC 30 (11 February 1963)

Headnote :

This petition contests the constitutional legitimacy of the Assam Taxation (on Goods carried by Road or on Inland Waterways) Act, 1961. Following the declaration of the previous Act of 1954 as constitutionally invalid by this Court in the case of Atiabari Tea Co. Ltd. v. State of Assam [1961] 1 S.C....

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Arjun Singh Vs. Mohindra Kumar & Ors [1963] INSC 251 (13 December 1963)

Judgement Date : 13 Dec 1963

Citation : 1963 Latest Caselaw 279 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

There were three lawsuits, two of which involved the appellant as the defendant, while in the third, the appellant was the plaintiff. The main lawsuit, where the appellant was a defendant, was connected to the other two suits. The court ordered these cases to be consolidated for hearing, and a date...

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The State of Punjab Vs. S. Rattan Singh [1963] INSC 252 (16 December 1963)

Judgement Date : 16 Dec 1963

Citation : 1963 Latest Caselaw 280 SC

Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920

Headnote :

Provincial Insolvency Act (5 of 1920), s. 4--Can the Insolvency Court examine the decree?1099 Jyoti Parshad owed money to the Bank of Patiala. Unable to repay the debt, he requested the Bank in 1952 to permit him to pay in installments, which the Bank accepted.Rattan Singh, the Respondent, acted as...

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Ramnarayan Mor & INSC Vs. State of Maharashtra [1963] INSC 253 (16 December 1963)

Judgement Date : 16 Dec 1963

Citation : 1963 Latest Caselaw 281 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 287. Parties may examine witnesses
CrPC Section 29. Sentences, which Magistrates may pass
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 477A. Falsification of accounts

Headnote :

Upon receiving a police report, Magistrate First Class Akola acknowledged the offenses under sections 406, 408, 409, 120B, and 477A of the Indian Penal Code against the appellants.The investigating officer provided the accused with copies of the documents required by section 173(4) of the Code of Cr...

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R. Ratilal & Co. Vs. National Security Assurance Co. Ltd. [1963] INSC 254 (16 December 1963)

Judgement Date : 16 Dec 1963

Citation : 1963 Latest Caselaw 282 SC

Headnote :

The appellant initiated a lawsuit based on a properly completed fire insurance policy and an unstamped cover letter related to the same insurance, both issued by the respondent, seeking compensation for the loss incurred due to the insured goods being destroyed by fire. The respondent acknowledged i...

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T. Prem Sagar Vs. The Standard Vacuum Oil Company Madras & Ors [1963] INSC 255 (16 December 1963)

Judgement Date : 16 Dec 1963

Citation : 1963 Latest Caselaw 283 SC

Syed Yakoob Vs. K.S. Radhakrishnan & Ors [1963] INSC 201 (7 October 1963)

Headnote :

The appellant was appointed as a Road Engineer by the respondent.After a period, he received a promotion to the position of Operations Assistant.In 1957, a misunderstanding arose between him and the respondent. While earning a salary of Rs. 1000 per month, he was instructed to take leave. Upon his r...

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Kanakarathanammal Vs. V. S. Loganatha Mudaliar & INSC [1963] INSC 256 (18 December 1963)

Judgement Date : 18 Dec 1963

Citation : 1963 Latest Caselaw 284 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant in a lawsuit against the respondents sought to recover possession of the properties listed in Schedules 1, 2, and 3, claiming to be the sole heir of her mother. She asserted her exclusive claim to these properties under section 12(1)(i) of the Mysore Hindu Law Women\'s Rights Act, 1933...

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State of Bhopal & Ors Vs. Champalal & Ors [1963] INSC 257 (19 December 1963)

Judgement Date : 19 Dec 1963

Citation : 1963 Latest Caselaw 285 SC

Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

The individuals involved are proprietors of agricultural land located in Bhopal.Their properties were seized by the appellant following a notification issued under Section 4 of the Bhopal Reclamation and Development of Land (Eradication of Kans) Act. The purpose of this Act was to eliminate Kans wee...

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Bombay Union of Journalists & Ors Vs. The State of Bombay & INSC [1963] INSC 258 (19 December 1963)

Judgement Date : 19 Dec 1963

Citation : 1963 Latest Caselaw 286 SC

Headnote :

The second and third appellants were employed as journalists and were laid off with three months\' salary paid in lieu of notice. The first appellant represented their case, claiming that the retrenchment was not genuine and that they were actually being targeted. Following unsuccessful conciliation...

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Podar Plastics (P) Ltd Vs. Its Workmen [1963] INSC 259 (19 December 1963)

Judgement Date : 19 Dec 1963

Citation : 1963 Latest Caselaw 287 SC

Headnote :

An industrial dispute emerged between the appellant and its employees regarding the employees\' (respondents\') claim for a bonus for the year 1959. The respondents asserted their right to receive a bonus equivalent to three months\' salary, including dearness allowance. The appellant, however, soug...

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State Bank of India Vs. M. Selvaraj Daniel [1963] INSC 260 (19 December 1963)

Judgement Date : 19 Dec 1963

Citation : 1963 Latest Caselaw 288 SC

Industrial Disputes Act, 1947

Headnote :

The review application stemmed from a judgment issued by this Court in Civil Appeal No. 707 of 1962. This appeal originated from a petition submitted by a State Bank employee under section 33(c)(2) of the Industrial Disputes Act to the Labour Court. The employee was hired as a clerk on December 14,...

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Vidyacharan Shukla Vs. Khubchand Baghel & Ors [1963] INSC 261 (20 December 1963)

Judgement Date : 20 Dec 1963

Citation : 1963 Latest Caselaw 289 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 417. Power to appoint place of imprisonment
CrPC Section 476. Forms
Representation of the People Act, 1951

Kaushalya Rani Vs. Gopal Singh [1963] INSC 193 (19 September 1963)

Headnote :

The appellant was elected to the House of the People from a constituency in Madhya Pradesh, while the respondents were the other candidates in the election.Respondent No. 1 filed an election petition contesting the appellant\'s election, which was dismissed by the Election Tribunal. Subsequently, th...

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Sait Nagjee Purushotham and Co. Vs. Commissioner of Income-Tax, Madras [1963] INSC 262 (20 December 1963)

Judgement Date : 20 Dec 1963

Citation : 1963 Latest Caselaw 290 SC

Headnote :

According to section 25(4) of the Income-tax Act, \"If a person who was conducting a business, profession, or vocation at the start of the Indian Income-tax (Amendment) Act, 1939, and had previously been taxed under the Indian Income-tax Act, 1918, is succeeded in that capacity by another individual...

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Jabar Singh Vs. Genda Lal [1963] INSC 263 (20 December 1963)

Judgement Date : 20 Dec 1963

Citation : 1963 Latest Caselaw 291 SC

Representation of the People Act, 1951

Headnote :

The appellant was declared elected after defeating the respondent by a margin of 2 votes. Subsequently, the respondent filed an election petition, contesting the validity of the appellant\'s election on the grounds of improper acceptance of votes for the appellant and improper rejection of votes for...

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