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 applicant submitted a request to the Deputy Registrar of Trade Marks to register the mark \"Durex,\" which it uses on the packaging of its contraceptive products. The appellant contested this registration, claiming it has been using the \"Durex\" trademark in India since 1932, with a renewal in...

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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 initiated a lawsuit to evict the appellant, which was dismissed by the trial court. Subsequently, the respondent appealed to the Court of the Additional Sessions Judge in Jaipur City, where the appeal was granted, and the respondent\'s request for eviction was approved. The appellant...

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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 as a Naib Tehsildar under the appellant in 1937. On August 4, 1952, he was suspended due to complaints against him, and his case was referred to the Administrative Tribunal for investigation as per the established rules. While the investigation was ongoing, additional co...

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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 :

Mohd Yusuf executed a money decree against the appellant by attaching the appellant\'s share in a village, including the sir and khudkasht lands associated with it. Before the sale occurred, the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (M. P. 1 of 1...

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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 recognized as a composite insurer since it engaged in general insurance in addition to activities classified as controlled business. Furthermore, the company conducted both capital redemption and annuity certain businesses, collectively referred to as capital obligation bus...

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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 part of a Hindu co-parcenary that included himself, his five brothers, and his son Pulla Reddy. Following Butchi Tirupati\'s death in 1947, Pulla Reddy and his mother, Lakshmama, initiated a lawsuit for partition and to obtain their share of the joint family property, as well as...

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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 incurred losses as a result of the partition of India. The Company judge approved its capital reduction scheme on the condition that the bank would accept the surrender of ordinary shares from any displaced person entitled to relief under section 19 of the Displaced Persons (Debts...

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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 business operating within the octroi limits of the Ludhiana Municipality. It imported Sambhar salt into the municipality, where a terminal tax was levied, and the appellant paid this tax. According to item 68 of the relevant Government Notification\'s Schedule, the Municipality ca...

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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 initiated a mortgage lawsuit against respondent No. 1 and others, securing a preliminary decree on May 15, 1937, followed by a final decree on January 20, 1938. Appeals against the preliminary decree were lodged in the High Court of Madras. During the pendency of these appeals, the Ma...

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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, secured a decree in O.S. No. 45 of 1943 for the recovery of a sum owed on a promissory note from Venkatachalam Chettiar and subsequently assigned the decree to the appellant in C.A. 105 of 1961. However, the execution application he filed was unsuccessful as the f...

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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 grants the Commissioner the authority to reassess tax and impose penalties if he believes that any sale or purchase of goods has not been assessed. Additionally, Section 30 allows 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 :

In 1941, a lawsuit was initiated to recover Rs. 50,000.The respondents requested a reduction of the amount owed under the Madras Agriculturists Relief Act of 1938, claiming they were agriculturists. The case was settled for Rs. 37,000, with some payments made.In 1949, the respondents filed another a...

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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 and the respondents initially came from the region of Punjab that is now part of Pakistan.In 1933, respondent No. 2 entered into an usufructuary mortgage of certain land with the father of appellants Nos. 1 to 3 and the father of the 4th appellant to secure a loan of Rs. 39,000/-...

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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 before a Munsif Magistrate, two defendants filed a bail application citing serious health issues while in custody. The Magistrate requested a medical report from the appellant, who was then serving as a Civil Assistant Surgeon and Superintendent of the Sub-jail. Based on the repor...

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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, established several mortgages on these properties. The appellant was one of the mortgagees for properties A and B, while MG was a mortgagee for property C. Later, the mortgagor sold property B to MG. One of the mortgagees of properties A and B initiated a la...

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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 :

In the course of resolving a criminal appeal, the High Court instructed that a notice be issued to N, the investigating officer, to explain why a complaint should not be filed against him under Section 195 of the Indian Penal Code. N appeared before the Court and pleaded for mercy and forgiveness.Th...

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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 the rule - The Supreme Court has definitively and authoritatively ruled on the interpretation of the Constitution regarding substantial questions of law, specifically under Article 20(2) and Article 145(3) of the Constitution of India.Following the uncovering of a...

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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 that possessed a vast estate, which was indivisible and passed down through primogeniture. At various times, the estate holder acquired additional properties, both movable and immovable, some of which were integrated into the indivisible estate.In 1948...

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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 circumstances surrounding the three appeals are alike, and the legal questions at stake are the same. Industrial disputes arose between the appellants and their employees, leading to the disputes being referred for adjudication. After the Tribunal submitted their Awards to the Government, the pa...

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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 acquired Post Office National Savings Certificates worth Rs. 250 in the name of the Controller of Rationing, which he deposited as security for his ration depot. Later, J sought to have the security released after transferring the ration depot, but he passed away...

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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.This company primarily produces sugarcane and also cultivates wheat, paddy, and other crops for sale in the market. Additionally, it engages in contract work for the maintenance of tra...

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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 Mrs. Knight, transferred 750 shares to her on December 10, 1947. The Company recorded this transfer in her name on December 15, 1947. The couple\'s marriage took place on December 18, 1947. The Income-tax Officer included Mrs. Thomas\'s income from these shares in h...

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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 held a license to supply electricity. The State Electricity Board had issued a notice indicating its intention to acquire the appellant\'s operations upon the expiration of its license. Two days before the license expired, the Industrial Court in Nagpur established 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 owned the majority of certain villages that were part of three inam grants in the Vishakapatnam District of Madras. The Inam Commissioner issued new inam title deeds to confirm the original grants. A Special Officer, appointed by the Madras Government under section 2 of the Madras Esta...

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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 sales contract for a house owned by the appellant.The agreement stipulated that the vendor must secure permission from the Chief Commissioner for the sale within two months of the agreement. If the permission was not granted within that timeframe, the purcha...

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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 submitted a request to the Tribunal to dismiss the petition under Section 90(3) of the Representation of the People Act, 1951, citing noncompliance with the provision...

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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 stock brokerage firm comprised of Shri C. M. Kothari and his two sons, Shri D. C. Kothari and Shri H. C. Kothari. The firm entered into a contract to purchase a house and paid earnest money for it. Subsequently, the house was registered in the names of Mrs. C. M. Kothari...

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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 :

Mr. V. D. Talwar, the assessee, was employed as the General Manager of a company. As per his service agreement, he was entitled to a monthly salary of Rs. 2,000, with an annual increment of Rs. 100. Deductions for income tax and absences could be made from his salary.The service agreement was set fo...

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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 provided goods worth Rs. 1,06,670.89 nP to the appellants under a contract between the parties and received approximately Rs. 93,727 as partial payment.The appellants refused to pay the remaining balance, claiming that they were owed around Rs. 10,625 under a different contract with t...

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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 initiated a lawsuit to enforce an agreement stating that a partnership with Bai Itcha, who has since passed away, had been dissolved. The agreement specified a certain amount to be paid by the appellant as full compensation for Bai Itcha\'s share in the partnership. The respondents, wh...

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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 taxpayer cashed 51 high denomination notes of Rs. 1,000 each in January 1946. In his application for encashment, he explained that he was a colliery owner and contractor, and that to manage his business and pay laborersâ€”amounting to approximately Rs. 30,000 to 40,000 weeklyâ€”he needed to main...

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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 lawsuit was initiated by the appellants to contest the rate imposed by the Municipal Corporation of Ahmedabad on vacant lands located within the municipal boundaries. This rate was established under section 73 of the Bombay Municipal Boroughs Act, 1925, in conjunction with the Explanation to secti...

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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 agreements with the respondent for the sale of groundnuts, which were categorized as ready delivery contracts and governed by the rules and regulations of the Veraval Merchants Association. These contracts outlined the price and quality of the goods and included stipulatio...

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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 purchased 40 acres of land from Krishnappa 35 years prior to the lawsuit, out of a total of 166 acres owned by Krishnappa. After the purchase, the appellants\' father took possession of the land and maintained that possession throughout his lifetime. Following his death, the...

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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 initiated a lawsuit under Section 92 of the Code of Civil Procedure, 1908, asserting their representation of the Sunni Muslim community in Bangalore and requesting the establishment of a scheme for the effective management of the Jumma Masjid in Bangalore.The land on which the mosque...

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