Caselaw | Supreme Court Judgements of february 1963

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K. M. Shanmugam Vs. The S. R. Vs. S. (P) Ltd. & Ors [1963] INSC 19 (6 February 1963)

Judgement Date : 06 Feb 1963

Citation : 1963 Latest Caselaw 19 SC

Constitution of India
Motor Vehicles Act, 1939

The Provincial Transport Service Vs. State Industrial Court [1962] INSC 234 (21 August 1962)

Headnote :

On applications for permits made to it the Regional Transport Authority, applying the marking system prescribed by the Government order issued under s. 43A of the Motor Vehicles Act, granted the permit to the appellant. On appeal by the first respondent, the State Transport Appellate Tribunal recast...

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Bank of Bihar Ltd. Vs. Mahabir Lal & Ors [1963] INSC 20 (7 February 1963)

Judgement Date : 07 Feb 1963

Citation : 1963 Latest Caselaw 20 SC

NI Act, Section 118. Presumptions as to negotiable instruments of consideration
NI Act, Section 85. Cheque payable to order

Headnote :

Respondents 1 and 2 carried on business under the name and style of M/s.Jogilal Probhu Chand. Under a cash credit agreement in favour of the Bihar Sharif Branch of the Bank and on the strength of a promissory note executed by the firms, the firm drew a cheque on the Bank which was passed for payment...

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Abdul Aziz Aminudin Vs. State of Maharashtra [1963] INSC 21 (7 February 1963)

Judgement Date : 07 Feb 1963

Citation : 1963 Latest Caselaw 21 SC

Bombay Prohibition Act, 1949
Government of India Act, 1935

Headnote :

The appellant as the Chairman of the Powerloom Sadi Manufacturer's Go-operative Association, obtained the licence for the import of certain quantity of art silk yarn by the Association' The licence was issued subject to the condition that the goods would be utilised only for consumption as r...

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Shankar Narayan Ranade Vs. Union of India [1963] INSC 22 (8 February 1963)

Judgement Date : 08 Feb 1963

Citation : 1963 Latest Caselaw 22 SC

Bombay Irrigation Act, 1879
Bombay Land Revenue Code, 1879
Section 8. TPA, Operation of transfer.
Transfer of Property Act, 1882

Headnote :

The appellant was one of the sharers in the Inam village of vadner and brought a suit against respondents claiming relief on the basis of his title to the running water of river valdevi. During World War 11, the military authorities constructed residential quarters within and outside the limits of v...

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M/S. Bhikuse Yamasa Kshatriya (P) Ltd. & ANR Vs. Union of India & ANR [1963] INSC 23 (8 February 1963)

Judgement Date : 08 Feb 1963

Citation : 1963 Latest Caselaw 23 SC

Factories Act, 1948
Mines Act, 1952

Headnote :

Bidi rollers were formerly given the benefit of weekly holidays and wages in lieu of holidays. But as a result of the decision of this Court, the owners of bidi making establishments in the State of Maharashtra refused to give them those benefits. there was great unrest and consequently the State of...

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Sekendar Sheikh & ANR Vs. State of West Bengal [1963] INSC 24 (8 February 1963)

Judgement Date : 08 Feb 1963

Citation : 1963 Latest Caselaw 24 SC

CrPC Section 307. Power to direct tender of pardon
Indian Penal Code, 1860 (IPC)
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 467. Forgery of valuable security, will, etc.
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

The first appellant was tried for the offence of forging a valuable security punishable under s. 467 of the Indian Penal Code and for the offence of falsely personating another and presenting a document for registration punishable under s. 82 (c) of the Indian Registration Act, 1908. The second appe...

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Firm Girdhar Mal Kapur Chand Vs. Firm Dev Raj Madan Gopal [1963] INSC 25 (11 February 1963)

Judgement Date : 11 Feb 1963

Citation : 1963 Latest Caselaw 25 SC

Constitution of India
Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The respondent, a partnership firm, brought a suit for recovery of the amount with interest due to it on account of the purchases and sales of cotton-seeds and bales of cotton on behalf of the appellant firm. In contesting the suit the appellant while admitting trade relations with the plaintiff fir...

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Pannalal Vs. State of Bombay & Ors [1963] INSC 26 (11 February 1963)

Judgement Date : 11 Feb 1963

Citation : 1963 Latest Caselaw 26 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant brought three suits claiming full payment with interest in respect of three hospitals constructed by him in execution of three separate contracts between him and the Deputy Commissioner. The trial Judge decreed the suits for part of his claim against the State of Madhya Pradesh and hel...

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State of Punjab Vs. Mst. Qaisar Jehan Begum & ANR [1963] INSC 27 (11 February 1963)

Judgement Date : 11 Feb 1963

Citation : 1963 Latest Caselaw 27 SC

Headnote :

On October 25,1953, the Collector made an award in respect of land belonging to the respondents, who were evacuees, in the District of Gurgaon. The respondents were not notified about the acquisition and they were not present at the time of the award. The respondents filed an application before t...

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Pandit Ukha Kolhe Vs. The State of Maharashtra [1963] INSC 28 (11 February 1963)

Judgement Date : 11 Feb 1963

Citation : 1963 Latest Caselaw 28 SC

Bombay Prohibition Act, 1949
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 164. Recording of confessions and statements
CrPC Section 364. Judgment when to be translated
Indian Penal Code, 1860 (IPC)
IPC Section 186. Obstructing public servant in discharge of public functions

Headnote :

On account of injuries received in a motor accident the appellant was taken to the hospital at 6 A. M. on April 3, 1961. As he was found smelling of alcohol, a specimen of his blood was taken and collected in a phial. Subsequently, when investigation started this phial was taken by the Investigation...

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Janapareddy Latchan Naidu Vs. Janapareddy Sanyasamma [1963] INSC 29 (11 February 1963)

Judgement Date : 11 Feb 1963

Citation : 1963 Latest Caselaw 29 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent, wife of the appellant, filed an execution petition for execution of a maintenance decree obtained by her which, in addition to the personal liability, created a charge for past and future maintenance on three lots of properties. After Obtaining the permission of the Court she purchas...

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

Judgement Date : 11 Feb 1963

Citation : 1963 Latest Caselaw 30 SC

Constitution of India

Headnote :

On March 30, 1950, the Bihar Legislature passed the Bihar Finance Act, 1950. That Act levied a tax on passengers and goods carried by public service motor vehicles in Bihar. The appellants challenged the validity of the Act and certain provisions of the Act were struck down by this Court. The res...

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K.Venkataramiah Vs. A. Seetharama Reddy & Ors [1963] INSC 31 (12 February 1963)

Judgement Date : 12 Feb 1963

Citation : 1963 Latest Caselaw 31 SC

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

Headnote :

The appellant challenged the validity of election of respondent on the grounds that he was below 30 years on the relevant date, that his election was vitiated by undue influence exercised on the voters by some Ministers of the State, that the secrecy of ballot was not maintained and that the electio...

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Arjan Singh & Ors Vs. Narain Singh & Ors [1963] INSC 32 (12 February 1963)

Judgement Date : 12 Feb 1963

Citation : 1963 Latest Caselaw 32 SC

Punjab Laws Act, 1872
Punjab Laws Act, 1872

Headnote :

Harnam Singh died leaving behind two daughters. They also died without leaving any issue surviving them. The Revenue authorities ordered that the entire estate of Harnam Singh be entered in the revenue records in the names of the defendants. The plaintiffs filed a suit for possession of the estat...

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State of Assam & ANR Vs. Bimal Kumar Pandit [1963] INSC 33 (12 February 1963)

Judgement Date : 12 Feb 1963

Citation : 1963 Latest Caselaw 33 SC

Constitution of India

Headnote :

The respondent was An Extra Assistant Commissioner. He was charge-sheeted and lie submitted an elaborate explanation in respect of all the charges. The enquiry was held by the Commissioner and a report submitted by him. After giving his findings, the Commissioner added that the lapses proved did not...

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Jagir Kaur & ANR Vs. Jaswant Singh [1963] INSC 34 (13 February 1963)

Judgement Date : 13 Feb 1963

Citation : 1963 Latest Caselaw 34 SC

CrPC Section 82. Proclamation for person absconding

Headnote :

The respondent who was born in the Ludhiana District was married to the first appellant. He took up a job in Africa and after staying there for some time he came to India and stayed with his wife for 5 months, He then went to Africa and after staying there for 5 or 6 years came to India and took the...

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Shyamlal Vs. State of Uttar Pradesh [1963] INSC 35 (13 February 1963)

Judgement Date : 13 Feb 1963

Citation : 1963 Latest Caselaw 35 SC

Indian Penal Code, 1860 (IPC)
IPC Section 506. Punishment for criminal intimidation

Headnote :

The appellant, a points man, bore grudge for some time against one C, a railway guard. While C was on -duty as a guard on a train standing at the platform, the appellant came armed with a scythe, and waiving it in a menacing way told C that he would cut his neck and hurled abuses on him. The appe...

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The Collector of South Satara & ANR Vs. Laxman Mahadev Deshpande & Ors [1963] INSC 36 (13 February 1963)

Judgement Date : 13 Feb 1963

Citation : 1963 Latest Caselaw 36 SC

Bombay Hereditary Offices Act, 1874
Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950

Headnote :

On abolition of his watan, the respondent applied to the Collector claiming compensation under s. 9 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, for extinction of his right in the watan land, and of his "right to enjoy part of the land revenue." The Collector rejected...

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Municipal Council Palai Vs. T.J. Joseph & Ors [1963] INSC 37 (14 February 1963)

Judgement Date : 14 Feb 1963

Citation : 1963 Latest Caselaw 37 SC

Motor Vehicles Act, 1939

Headnote :

The appellant passed a resolution providing for the use of a public bus stand constructed by it for stage carriage buses starting from and returning to the Municipal limits of Palai or passing through its limits. It also prohibited the use of any other public place or public street within the Munici...

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The Tata Oil Mills Co., Ltd. Vs. Workmen & ANR [1963] INSC 38 (15 February 1963)

Judgement Date : 15 Feb 1963

Citation : 1963 Latest Caselaw 38 SC

Headnote :

Mr. Banerjee was an employee of the appellant. His services were terminated on the ground that the appellant had lost confidence in him and in lieu of notice he was paid one month's salary. The union to which Mr. Banerjee belonged took up his cause and on the failure of the parties to reach a se...

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State of Punjab & ANR Vs. British India Corporation Ltd. [1963] INSC 39 (15 February 1963)

Judgement Date : 15 Feb 1963

Citation : 1963 Latest Caselaw 39 SC

Punjab Urban Immovable Property Tax Act, 1940

Headnote :

The property involved in the first appeal was a set of rooms used for indoor games by the mill employees, one big hall used as the Gurkha Guards Club, a set of rooms used as Officers' Club and a set of rooms used as residential quarters by workers of the mills. The property involved in the secon...

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P. H. Kalyani Vs. M/S. Air France Calcutta [1963] INSC 40 (15 February 1963)

Judgement Date : 15 Feb 1963

Citation : 1963 Latest Caselaw 40 SC

The Management of Ranipur Colliery Vs. Bhuban Singh & Ors [1959] INSC 43 (21 April 1959)

Headnote :

The appellant was 'Charged with gross dereliction of duty. The appellant in answer to the charge sheet admitted the mistakes and contended that he was over-worked and that it was the duty of others also to check the load sheet and balance chart prepared by him. Enquiry was held by the Station...

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Ranendra Chandra Banerjee Vs. Union of India [1963] INSC 41 (18 February 1963)

Judgement Date : 18 Feb 1963

Citation : 1963 Latest Caselaw 41 SC

Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)

Headnote :

The appellant was appointed on probation, for one year as Programme assistant on May 3, 1994 on condition that his services might be terminated without any notice and cause being assigned during that period. He agreed and joined service on these terms on July 4, 1932, he was called upon to show caus...

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Jang Singh Vs. Brijlal & Ors [1963] INSC 42 (20 February 1963)

Judgement Date : 20 Feb 1963

Citation : 1963 Latest Caselaw 42 SC

Headnote :

The appellant filed a suit for pre-emption for the sale of certain lands against the first respondent. A compromise decree was passed in favour of the appellant and lie was directed to deposit Rs. 5951/- less Rs. 1000/- already deposited. The suit was to stand dismissed with costs if the deposit was...

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Smt. Kamala Devi Vs. Seth Takhatmal & ANR [1963] INSC 43 (21 February 1963)

Judgement Date : 21 Feb 1963

Citation : 1963 Latest Caselaw 43 SC

Code of Civil Procedure, 1908 (CPC)

The State of Uttar Pradesh Vs. Mohammed Sayeed [1957] INSC 25 (26 March 1957)

Headnote :

T filed a suit against M and obtained an order for attachment before judgment of certain bills due for payment to M.. The bills, were released from attachment upon M furnishing sureties including the appellant. Under the surety bond the appellant bound herself that M "'shall produce and pla...

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Meenglas Tea Estate Vs. Its Workmen [1963] INSC 44 (22 February 1963)

Judgement Date : 22 Feb 1963

Citation : 1963 Latest Caselaw 44 SC

Headnote :

In January, 1956, there was an incident in which a group of workmen assaulted the Manager and two Assistant Managers of tile appellant company. All the three officers Were Wounded. Some workmen were suspended, and charge-sheets were served on them, charging them with participation in the riot. After...

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