Caselaw | Supreme Court Judgements of march 1963

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London Rubber Co. Ltd. Vs. Durex Products [1963] INSC 45 (4 March 1963)

Judgement Date : 04 Mar 1963

Citation : 1963 Latest Caselaw 45 SC

Headnote :

The respondent made an application before the Deputy Registrar of Trade Marks for registering the mark, "Durex" used by it on the packing of the contraceptives manufactured and marketed by it. The registration was disputed by the appellant on the ground that it has been using the trade mar...

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Hari Narain Vs. Badri Das [1963] INSC 46 (4 March 1963)

Judgement Date : 04 Mar 1963

Citation : 1963 Latest Caselaw 46 SC

Headnote :

The respondent filed a suit for the ejectment of the appellant. That suit was dismissed by the trial Court. The respondent filed an appeal in the Court of the Additional Sessions judge, Jaipur City. The appeal was accepted and the claim of respondent for ejectment was allowed. The appellant filed an...

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State of Uttar Pradesh Vs. Jogendra Singh [1963] INSC 47 (4 March 1963)

Judgement Date : 04 Mar 1963

Citation : 1963 Latest Caselaw 47 SC

Headnote :

The respondent was appointed a Naib Tehsildar under the appellant, in the year 1937. On August 4, 1952, he was suspended on complaints received against him and his case was referred for investigation to the Administrative Tribunal appointed under the Rules. While the proceedings were pending, additi...

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Ahmad Hafiz Khan Vs. Mohammad Hasan Khan [1963] INSC 48 (4 March 1963)

Judgement Date : 04 Mar 1963

Citation : 1963 Latest Caselaw 48 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

One Mohd Yusuf, in execution of a money decree against the appellant, attached the appellant's share in a village along with sir and khudkasht lands appurtenant thereto. Before the sale took place, the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 M....

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National Insurance Co. Ltd. Vs. Life Insurance Corporation of India [1963] INSC 49 (4 March 1963)

Judgement Date : 04 Mar 1963

Citation : 1963 Latest Caselaw 49 SC

Life Insurance Corporation Act, 1956

Headnote :

The appellant company was admittedly a composite insurer because it carried on general insurance-business in addition to the business which fell within the definition of controlled business. The company also carried on both capital redemption business and annuity certain business which it compendiou...

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Lakkireddi Chinna Venkata Reddi Vs. Lakkireddi Lakshmama [1963] INSC 50 (4 March 1963)

Judgement Date : 04 Mar 1963

Citation : 1963 Latest Caselaw 50 SC

Headnote :

Butchi Tirupati was a member of a Hindu co-parcenary consisting of himself, his five brothers and his son Pulla Reddy. After Butchi Tripati's death in 1947, Pulla Reddy, his son and Lakshmama, his widow, filed a suit for partition and separate possession of their share in the property of the joi...

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Oriental Bank of Commerce Ltd. Vs. Shri Harcharan Das Loomba [1963] INSC 51 (5 March 1963)

Judgement Date : 05 Mar 1963

Citation : 1963 Latest Caselaw 51 SC

Headnote :

The appellant bank suffered losses due to the partition of India. its scheme for reduction of capital was approved of by the Company judge subject to the condition that the Bank should accept without any payment surrender of ordinary shares on which part payment was made from any displaced person en...

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Firm Seth Radha Kishan Vs. The Administrator, Municipal Committee, Ludhiana [1963] INSC 52 (7 March 1963)

Judgement Date : 07 Mar 1963

Citation : 1963 Latest Caselaw 52 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Municipal Act, 1911

Headnote :

The appellant is a firm carrying on business within the octroi limits of Ludhiana Municipality. On the Sambhar salt imported by it into the limits of the Municipality terminal tax was imposed and the appellant made payment of the said tax. Under item 68 of the Schedule to the relevant Government Not...

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Lakshmi Achi & Ors Vs. T.V.V. Kailasa Thevar & Ors [1963] INSC 53 (7 March 1963)

Judgement Date : 07 Mar 1963

Citation : 1963 Latest Caselaw 53 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants had filed a suit on a mortgage against respondent No. 1 and others as defendants and had obtained a preliminary decree in it on May, 15, 1937 and a final decree on January 20, 1938. Appeals were filed against the preliminary Decree in the High Court of Madras. While the appeals were p...

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S. Krishnappa Chettiar & Ors Vs. Nachiappa Chettiar & Ors [1963] INSC 54 (7 March 1963)

Judgement Date : 07 Mar 1963

Citation : 1963 Latest Caselaw 54 SC

Headnote :

The plaintiff, Ramanathan Chettiar, obtained a decree in O. S. No. 45 of 1943 for the recovery of an amount due on promissory note against one Venkatachalam Chettiar and assigned the decree in favour of the appellant in C. A. 105 of 1961. The execution application filed by him proved infructuous...

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M/S. Daluram Pannalal Modi Vs. The Assistant Commissioner of Sales Tax [1963] INSC 55 (8 March 1963)

Judgement Date : 08 Mar 1963

Citation : 1963 Latest Caselaw 55 SC

Delegation of Powers
Delegation of Powers
Madhya Pradesh General Sales Tax Act, 1958

Headnote :

Section 19 of the M. P. General Sales Tax Act, 1938 empowers the Commissioner, if he is satisfied that any sale or purchase of goods has escaped assessment, to reassess the tax payable and to levy a penalty. Section 30 empowers the Commissioner to "delegate any of his powers and duties under th...

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Pulavarthi Venkata Subba Rao& Ors Vs. Valluri Jagannadha Rao & Ors [1963] INSC 56 (13 March 1963)

Judgement Date : 13 Mar 1963

Citation : 1963 Latest Caselaw 56 SC

Code of Civil Procedure, 1908 (CPC)
Malabar Tenancy Act, 1929

Headnote :

A suit was filed in 1941 for the recovery of Rs. 50,000. The respondents prayed for the scaling down of the amount due from them under the Madras Agriculturists Relief Act, 1938, on the ground that they were agriculturists. The suit was compromised for Rs. 37,0001/Some payments were also made....

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Naunihal Kishan & Ors Vs. R. S. Ch. Pratap Singh & ANR [1963] INSC 57 (13 March 1963)

Judgement Date : 13 Mar 1963

Citation : 1963 Latest Caselaw 57 SC

Displaced Persons (Debts Adjustment) Act, 1951

Headnote :

Both the appellants as well as the respondents originally belonged to that part of Punjab which is now in Pakistan. In 1933 respondent No. 2 effected an usufructuary mortgage of a certain land to the father of appellants Nos. 1 to 3 and to the 4th appellant's father to secure a sum of Rs....

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Dr. Raghubir Sharan Vs. The State of Bihar [1963] INSC 58 (14 March 1963)

Judgement Date : 14 Mar 1963

Citation : 1963 Latest Caselaw 58 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail

Headnote :

In a criminal case pending in the court of a Munsif Magistrate, two accused persons moved a bail application on the ground of serious illness in jail. The Magistrate called upon the appellant, who was at that time a Civil Assistant Surgeon and also Superintendent of the Sub-jail, to submit a medical...

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Brahm Parkash Vs. Manbir Singh & Ors [1963] INSC 59 (14 March 1963)

Judgement Date : 14 Mar 1963

Citation : 1963 Latest Caselaw 59 SC

Section 56. TPA, Marshalling by subsequent purchaser.

Headnote :

MS the owner of properties A, 13 and C created several mortgages over them. The appellant was one of the mortgagees of properties A and B and MG was one of the mortgagees of property C. Subsequently, the mortgagor sold property B to MG. One of the mortgagees of properties A and B filed a suit for re...

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The State of Uttar Pradesh Vs. Mohammad Naim [1963] INSC 60 (15 March 1963)

Judgement Date : 15 Mar 1963

Citation : 1963 Latest Caselaw 60 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

Headnote :

While disposing of a criminal appeal the High Court directed the issue of a notice to N, the investigating officer, to show cause why a complaint should not be instituted against him under s. 195, Indian Penal Code. N appeared and threw himself at the mercy of the Court and asked for forgiveness....

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Sardar Sardul Singh Caveeshar Vs. State of Maharashtra [1963] INSC 61 (18 March 1963)

Judgement Date : 18 Mar 1963

Citation : 1963 Latest Caselaw 61 SC

Constitution of India
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Sardul Singh Caveeshar Vs. The State of Bombay [1957] INSC 54 (23 May 1957)

Headnote :

Double Jeopardy-Applicability of rule-Law finally and authoritatively decided by Supreme Court as to interpretation of the constitution-If a substantial question of law-Constitution of India, Arta. 20 (2), 145 (3). After the discovery of the conspiracy, ten conspirators including the appellants w...

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Mirza Raja Shri Pushavathiviziaram Gajapathi Rajmanne Sult Vs. Shri Pushavathi Visweswargajapathi Raj & Ors [1963] INSC 62 (19 March 1963)

Judgement Date : 19 Mar 1963

Citation : 1963 Latest Caselaw 62 SC

Headnote :

The Vizianagram family was a joint Hindu family. It owned a very large estate which was impartible and devolved by primogeniture. At Various times the holder of the estate 404 acquired other properties, moveable as well as immovable, some of which were incorporated in the impartible estate. In 19...

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The Sirsilk Ltd. & Ors Vs. Government of Andhra Pradesh & ANR [1963] INSC 63 (20 March 1963)

Judgement Date : 20 Mar 1963

Citation : 1963 Latest Caselaw 63 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The facts of the three appeals are similar and the questions of law involved are identical. Industrial disputes having arisen between the appellants and their workmen the disputes were referred for adjudication. After the Tribunal forwarded their Awards to the Government the parties in each dispute...

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G.S.Bansal Vs. The Delhi Administration [1963] INSC 64 (21 March 1963)

Judgement Date : 21 Mar 1963

Citation : 1963 Latest Caselaw 64 SC

Indian Penal Code, 1860 (IPC)
IPC Section 463. Forgery
IPC Section 464. Making a false document
IPC Section 467. Forgery of valuable security, will, etc.

Headnote :

J, the father of the appellant, had purchased Post Office National Savings Certificates of Rs. 250/in the name of the Controller of Rationing and had deposited them with him as security for his ration depot. Subsequently, j applied for release of the security as he had transferred the ration depot....

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Harinagar Cane Farm & Ors Vs. State of Bihar & Ors [1963] INSC 65 (21 March 1963)

Judgement Date : 21 Mar 1963

Citation : 1963 Latest Caselaw 65 SC

Plantations Labour Act, 1951

Headnote :

The appellant in appeal C. A. No. 31 of 1961 is a private limited company registered under the Indian Companies Act. It mainly produces sugarance. It also produces wheat, paddy etc., for sale in the market. Further it undertakes contract works for maintaining tram lines, weigh bridge, etc. The ap...

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Philip John Plasket Thomas Vs. Commissioner of Income Tax Calcutta [1963] INSC 66 (22 March 1963)

Judgement Date : 22 Mar 1963

Citation : 1963 Latest Caselaw 66 SC

Headnote :

The appellant, who was engaged to one Mrs. Knight, transferred 750 shares to her on December 10, 1947. On December 15, 1947, the Company transferred those shares in her name in its books. On December 18, 1947, the marriage was solemnised. The Income-tax Officer included the income of Mrs. Thomas fro...

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The Akola Electric Supply Co- Vs. J. N. Jarare & Ors [1963] INSC 67 (25 March 1963)

Judgement Date : 25 Mar 1963

Citation : 1963 Latest Caselaw 67 SC

Headnote :

The appellant company was a licensee for supplying electricity. The State Electricity Board had by a notice intimated its intention to purchase the appellant's undertaking on the expiry of its license. Two days prior to the expiry of the licence the Industrial Court at Nagpur framed a scheme for...

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Varada Bhavanarayana Rao Vs. State of Andhra Pradesh & Ors [1963] INSC 68 (25 March 1963)

Judgement Date : 25 Mar 1963

Citation : 1963 Latest Caselaw 68 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant held the major portion of certain villages covered by 3 inam grants in the District of Vishakapatnam in the State of Madras. The Inam Commissioner had granted fresh inam title deeds in confirmation of the original grants. The Special Officer appointed by the Madras Government under s....

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Mrs. Chandnee Widya Vati Madden Vs. Dr. C. L. Katiai & Ors [1963] INSC 69 (25 March 1963)

Judgement Date : 25 Mar 1963

Citation : 1963 Latest Caselaw 69 SC

Headnote :

The plaintiffs-respondents entered into a contract of sale in respect of a house property belonging to the appellant. The deed of agreement provided that the vendor shall obtain the permission of the Chief Commissioner to the transaction of sale within two months of the agreement and if the said...

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Bijayananda Patnaik Vs. Satrughna Sahu & Ors [1963] INSC 70 (26 March 1963)

Judgement Date : 26 Mar 1963

Citation : 1963 Latest Caselaw 70 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

One S filed an election petition against the appellant who had been declared elected to the State Legislative Assembly. The appellant applied to the Tribunal for dismissing the petition under 9. 90 (3) of the Representation of the People Act, 1951, for noncompliance with the provisions of s. 82 o...

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Commissioner of Income-Tax, Madras Vs. C.M. Kothari, Madras [1963] INSC 71 (26 March 1963)

Judgement Date : 26 Mar 1963

Citation : 1963 Latest Caselaw 71 SC

Headnote :

Messrs Kotbari and Sons is a firm of stock brokers. The firm consisted of Shri C. M. Kothari and his two sons, Shri D. C. Kothari and Shri H. C. Kothari. The firm entered into an agreement for the purchase of a house and the earnest money was paid by it. Later on, the house was bought in the name of...

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V.D. Talwar Vs. The Commissioner of Income-Tax, Bihar [1963] INSC 72 (26 March 1963)

Judgement Date : 26 Mar 1963

Citation : 1963 Latest Caselaw 72 SC

Headnote :

The assessee, Mr. V. D. Talwar, was employed as General Manager by a company, According to the service agreement, he was to get Rs. 2,000/per month as his salary with an increment of Rs. 100/-every year. Deductions for incometax, absence of duty etc. could be made from his salary. The agreement o...

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Union of India Vs. Birla Cotton Spinning & Weaving Mills Ltd. [1963] INSC 73 (27 March 1963)

Judgement Date : 27 Mar 1963

Citation : 1963 Latest Caselaw 73 SC

Headnote :

The respondent supplied to the appellants goods of the value of Rs. 1,06,670.89 nP. under a contract entered into by the parties and received about Rs. 93,727/as part payment. The appellant declined to pay the balance on the plea that an amount of about Rs. 10,625/was due to the appellant under a...

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Laxmidas Dahyabhai Kabarwala Vs. Nanabhai Chunilal Kabarwala & Ors [1963] INSC 74 (27 March 1963)

Judgement Date : 27 Mar 1963

Citation : 1963 Latest Caselaw 74 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant filed a suit for the enforcement of an agreement to the effect that a partnership between himself and one Bai Itcha since deceased had been dissolved and that the partners had arrived at a specific amount to be paid by the appellant in full satisfaction of the share of Bai Itcha in the...

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Smt. Srilekha Banerjee & Ors Vs. Commissioner of Income-Tax, Bihar And Orissa [1963] INSC 75 (27 March 1963)

Judgement Date : 27 Apr 1963

Citation : 1963 Latest Caselaw 75 SC

Headnote :

The assessee had encashed 51 high denomination notes of Rs. 1,000/- each in January, 1946. The assessee's explanation in his application for encashment of the notes was that he was a colliery proprietor and contractor, that for conducting the business and for payment to labour which came to abou...

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Patel Gordhandas Hargovindas Vs. Municipal Commissioner, Ahmedabad [1963] INSC 76 (28 March 1963)

Judgement Date : 28 Mar 1963

Citation : 1963 Latest Caselaw 76 SC

Constitution of India
Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

A suit was filed by the appellants to challenge the imposition of a rate by the Municipal Corporation of Ahmedabad on vacant lands situate within the municipal limits. The rate was levied under section 73 of the Bombay Municipal Boroughs Act, 1925, read with Explanation to s. 75 of the Act. The Muni...

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Hemraj Keshavji Vs. Shah Haridas Jethabhai [1963] INSC 77 (29 March 1963)

Judgement Date : 29 Mar 1963

Citation : 1963 Latest Caselaw 77 SC

Headnote :

The appellant entered into contracts with the respondent (for sale of groundnuts) which were described as ready delivery contracts and were subject to the rules and regulations. of the Veraval Merchants Association. The contracts specified the price and quality of the goods and stipulated delivery a...

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Madamanchi Ramappa & ANR Vs. Muthalur Bojjappa [1963] INSC 78 (29 March 1963)

Judgement Date : 29 Mar 1963

Citation : 1963 Latest Caselaw 78 SC

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

Headnote :

The appellants' father bought 35 years before the date of the suit 40 acres of land from one Krishnappa out of his land measuring 166 acres. After the purchase the appellants' 674 father obtained possession and continued in possession during his life time. On his death tire appellant's m...

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Ahmed Adam Sait & Ors Vs. Inayathullah Mekhri & Ors [1963] INSC 79 (29 March 1963)

Judgement Date : 29 Mar 1963

Citation : 1963 Latest Caselaw 79 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondents filed a suit under s. 92 of the Code of Civil Procedure, 1908 claiming to represent the Sunni Muslims population of Bangalore and praying that_ a scheme should be settled for the proper administration of the Jumma Masjid, Bangalore. The plot on which the Masjid was built was purch...

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