Caselaw | Supreme Court Judgements of may 1963

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Rajabhai Abdul Rehman Munshi Vs. Vasudev Dhanjlbhai Mody [1963] INSC 126 (1 May 1963)

Judgement Date : 01 May 1963

Citation : 1963 Latest Caselaw 150 SC

Headnote :

In a suit filed in 1954, the tenant deposited Rs. 400 in court on October 1, 1954. The deposit remained in court until January 19, 1957, when it was withdrawn. A fresh suit for ejectment of the tenant was filed in September 1955.On January 10, 1957, the tenant testified regarding the deposit of Rs....

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Raghunath Keshava Kharkar Vs. Ganesh & Ors [1963] INSC 127 (2 May 1963)

Judgement Date : 02 May 1963

Citation : 1963 Latest Caselaw 151 SC

Section 43. TPA, Transfer by unauthorised person who subsequently acquires interest in property transferred.

Headnote :

The appellant, a Hindu reversioner, filed a suit seeking the recovery of certain properties that were alienated by two widows holding widow\'s estates under their husband\'s will. The respondents opposed the suit, arguing that the appellant, being an undischarged insolvent when the succession opened...

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Khardah Co. Ltd. Vs. Their Workmen [1963] INSC 128 (2 May 1963)

Judgement Date : 02 May 1963

Citation : 1963 Latest Caselaw 152 SC

State of Mysore Vs. S. S. Makapur [1962] INSC 192 (3 May 1962)

Headnote :

The appellant dismissed one of its workmen following a domestic inquiry conducted by its Manager, who failed to record any findings, took some evidence in the absence of the workman, and found him guilty of misconduct under Rule 14(c)(i) and (viii) of the Standing Orders. The Industrial Tribunal rul...

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Manindra Land And Building Corporation Ltd. Vs. Bhutnath Banerjee & Ors [1963] INSC 129 (2 May 1963)

Judgement Date : 02 May 1963

Citation : 1963 Latest Caselaw 153 SC

Code of Civil Procedure, 1908 (CPC)

Keshardeo Chamria Vs. Radha Kissen Chamria & Ors [1952] INSC 52 (30 October 1952)

Headnote :

The appellant filed a late application for substitution and to set aside the abatement of the suit he had filed against the father of the respondents. The Subordinate Judge found that the appellant was prevented by sufficient cause from continuing the suit and allowed the application. However, the H...

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Rajabhai Abdul Rehman Munshi Vs. Vasudev Dhanjlbhai Mody [1963] INSC 126 (1 May 1963)

Judgement Date : 01 May 1963

Citation : 1963 Latest Caselaw 154 SC

Headnote :

In a lawsuit initiated in 1954, the tenant deposited Rs. 400 in court on October 1, 1954. This deposit remained in court until January 19, 1957, when it was withdrawn. A new lawsuit for the eviction of the tenant was filed in September 1955.On January 10, 1957, the tenant testified regarding the Rs....

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Raghunath Keshava Kharkar Vs. Ganesh & Ors [1963] INSC 127 (2 May 1963)

Judgement Date : 02 May 1963

Citation : 1963 Latest Caselaw 155 SC

Section 43. TPA, Transfer by unauthorised person who subsequently acquires interest in property transferred.

Headnote :

The appellant, a Hindu reversioner, initiated the lawsuit that led to this appeal to recover certain properties that were alienated by two widows who held widow\'s estates under their husband\'s will. The respondents opposed the lawsuit primarily on the grounds that the appellant, being an undischar...

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Khardah Co. Ltd. Vs. Their Workmen [1963] INSC 128 (2 May 1963)

Judgement Date : 02 May 1963

Citation : 1963 Latest Caselaw 156 SC

State of Mysore Vs. S. S. Makapur [1962] INSC 192 (3 May 1962)

Headnote :

The appellant terminated one of its employees following a domestic inquiry conducted by its Manager, who failed to document any findings, took some evidence without the presence of the employee, and concluded that the employee was guilty of misconduct under Rule 14 (c) (i) and (viii) of the Standing...

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Manindra Land And Building Corporation Ltd. Vs. Bhutnath Banerjee & Ors [1963] INSC 129 (2 May 1963)

Judgement Date : 02 May 1963

Citation : 1963 Latest Caselaw 157 SC

Code of Civil Procedure, 1908 (CPC)

Keshardeo Chamria Vs. Radha Kissen Chamria & Ors [1952] INSC 52 (30 October 1952)

Headnote :

The appellant submitted a late application for substitution, seeking to overturn the abatement of the lawsuit he had initiated against the respondents\' father. The Subordinate Judge determined that the appellant had a valid reason for not continuing the suit and approved the application. However, t...

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Western India Match Co. Ltd. Vs. Their Workmen [1963] INSC 130 (3 May 1963)

Judgement Date : 03 May 1963

Citation : 1963 Latest Caselaw 158 SC

Headnote :

The appellant company was involved in the production and sale of matches at four locations in India, including Bareilly, where it operated both factories and sales offices. To encourage increased match production, the company implemented a Production Bonus Scheme in 1945, which applied to factory wo...

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Rameshwar Prasad & Ors Vs. M/S. Shyam Beharilal Jagannath & Ors [1963] INSC 131 (3 May 1963)

Judgement Date : 03 May 1963

Citation : 1963 Latest Caselaw 159 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Nine individuals, including K, initiated a lawsuit for eviction and rent recovery against two defendants and secured a decree. However, upon appeal, the District Judge overturned the decree concerning defendant No. 2. Subsequently, the plaintiffs filed a second appeal in the High Court on February 2...

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Union of India & ANR Vs. Ladu Lal Jain [1963] INSC 132 (7 May 1963)

Judgement Date : 07 May 1963

Citation : 1963 Latest Caselaw 160 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Industrial Disputes Act, 1947

Headnote :

The plaintiff initiated a lawsuit in the court of the Additional Subordinate Judge in Gauhati against the Union of India and the Northern Frontier Railway, represented by its General Manager, whose headquarters are located in Pandu.Pandu falls within the jurisdiction of the Subordinate Judge.The pla...

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Sur Enamel And Stampingworks (P) Ltd. Vs. Their Workmen [1963] INSC 133 (7 May 1963)

Judgement Date : 07 May 1963

Citation : 1963 Latest Caselaw 161 SC

Industrial Disputes Act, 1947

Headnote :

D, an employee of the appellant company, received a notice on October 23, 1959, alleging that several items had been damaged due to his actions, and he was requested to explain why disciplinary measures should not be taken against him. During the inquiry conducted against him, only he was examined t...

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Ananda Bazar Patrika (P) Ltd. Vs. Its Workmen [1963] INSC 134 (7 May 1963)

Judgement Date : 07 Apr 1963

Citation : 1963 Latest Caselaw 162 SC

Headnote :

The respondent was employed as a Reporter at Ananda Bazar Patrika. When the Chief Reporter took leave, he appointed \'M\' to serve as the Acting Chief Reporter during his absence. The respondent was dissatisfied with this arrangement and began to disregard the assignments given to him by the Acting...

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Subodh Gopal Bose Vs. Ajit Kumar Haldar & Ors [1963] INSC 135 (7 May 1963)

Judgement Date : 07 May 1963

Citation : 1963 Latest Caselaw 163 SC

Bengal Tenancy Act, 1885
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

The appellant acquired a Touzi at a revenue sale conducted under the Bengal Land Revenue Sales Act of 1859, which annulled the encumbrances as per section 37 of the Act, and subsequently filed a lawsuit against the respondents for eviction and recovery of possession. The trial court ruled in favor o...

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Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore & Ors [1963] INSC 136 (7 May 1963)

Judgement Date : 07 May 1963

Citation : 1963 Latest Caselaw 164 SC

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

Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Headnote :

The election of the appellant to the House of the People during the third general elections in February 1962 was contested by two electors from the appellant\'s constituency, who filed petitions to annul the election. One of these electors, B, had his nomination paper rejected by the returning offic...

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Nagraj Vs. State of Mysore [1963] INSC 137 (8 May 1963)

Judgement Date : 08 May 1963

Citation : 1963 Latest Caselaw 165 SC

CrPC Section 197. Prosecution of Judges and public servants
IPC Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law
Motor Vehicles Act, 1939

Matajog Dobey Vs. H. C. Bhari [1955] INSC 61 (31 October 1955)

Headnote :

The appellant, a Sub-Inspector of Police in Mysore State, was brought before the Sessions Court for trial based on a complaint from K. K, who alleged that the appellant and another individual had brutally assaulted T. K claimed that while the appellant was forcibly taking T away, he fired at two ind...

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Jagannatham & Bros. Vs. Sowdambigai Motors Service [1963] INSC 138 (8 May 1963)

Judgement Date : 08 May 1963

Citation : 1963 Latest Caselaw 166 SC

Motor Vehicles Act, 1939

Headnote :

An industrial dispute emerged concerning the termination of certain employees, which was subsequently referred to the industrial Tribunal for adjudication. Three internal inquiries were conducted.One of these inquiries was led by officers who had personally witnessed the alleged misconduct. The vali...

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Associated Cement Co. Ltd. Vs. The Workmen & ANR [1963] INSC 139 (8 May 1963)

Judgement Date : 08 May 1963

Citation : 1963 Latest Caselaw 167 SC

Headnote :

An industrial dispute emerged concerning the termination of certain employees, which was subsequently referred to the industrial Tribunal for adjudication. Three internal inquiries were conducted.One of these inquiries was led by officers who had personally witnessed the alleged misconduct. The vali...

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Kunju Kesavan Vs. M. M. Philip I. C. S. & Ors [1963] INSC 140 (8 May 1963)

Judgement Date : 08 May 1963

Citation : 1963 Latest Caselaw 168 SC

Constitution of India

Headnote :

The property involved in the lawsuit was initially owned by Bhagavathi Parameswaram, who established an otti in favor of Krishnan Marthandam for 3500 fanams (approximately Rs. 500/-).Later, Krishnan Marthandam created a chittoti, and some years after that, in 1163 M.E., Bhagavathi Parameswaram gifte...

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Union of India Vs. Maddala Thathiah [1963] INSC 141 (9 May 1963)

Judgement Date : 09 May 1963

Citation : 1963 Latest Caselaw 169 SC

Headnote :

The General Manager of a Railway called for tenders for the supply of jaggery to railway grain shops. Paragraph 2 of the tender specified the required quantity and delivery dates, noting that \"the Administration reserved the right to cancel the contract at any time during its duration without addre...

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

Judgement Date : 09 May 1963

Citation : 1963 Latest Caselaw 170 SC

Headnote :

The appellant temple\'s lands were leased to the respondent in August 1944 by the temple\'s then trustee, who was under pressure from State authorities to reclaim the land for cultivation as part of the Grow More Food campaign initiated by the Government during World War II.The subsequent trustee fi...

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The State of Andhra Pradesh Vs. N. Venugopal & Ors [1963] INSC 143 (9 May 1963)

Judgement Date : 09 May 1963

Citation : 1963 Latest Caselaw 171 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 163. No inducement to be offered
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 323. Punishment for voluntarily causing hurt
IPC Section 330. Voluntarily causing hurt to extort confession, or to compel restoration of property
IPC Section 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 341. Punishment for wrongful restraint.
IPC Section 343. Wrongful confinement for three or more days
IPC Section 426. Punished for mischief
IPC Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law

Headnote :

During the investigation of a housebreaking and theft case, it was discovered that R had received the stolen item. The appellants, consisting of a Sub-Inspector of Police, a Head Constable, and a Constable, took R into custody on January 6, 1957. Less than three days later, R was found dead with mul...

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J. K. Cotton Spinning & Weavingmills Co. Ltd. Vs. Badri Mali & Ors [1963] INSC 144 (9 May 1963)

Judgement Date : 09 May 1963

Citation : 1963 Latest Caselaw 172 SC

Industrial Disputes Act, 1947

Headnote :

The Government of Uttar Pradesh referred an industrial dispute for adjudication to the Adjudicator in Kanpur.The Adjudicator determined that the Malis were considered workmen under the U.P. Industrial Disputes Act; however, they were not classified as industrial employees and therefore were not elig...

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Bombay Gas Co. Ltd Vs. Gopal Bhiva & Ors [1963] INSC 145 (9 May 1963)

Judgement Date : 09 May 1963

Citation : 1963 Latest Caselaw 173 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947

Headnote :

Sixteen respondents filed petitions under section 33C(2) of the Industrial Disputes Act, 1947, seeking specific benefits outlined in an award issued by an Industrial Tribunal. They requested that these benefits be calculated in monetary terms and that the appellant be ordered to pay them accordingly...

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Sri Gopal Jalan & Company Vs. Calcutta Stock Exchange Association Ltd. [1963] INSC 146 (9 May 1963)

Judgement Date : 09 May 1963

Citation : 1963 Latest Caselaw 174 SC

Headnote :

The respondent company failed to submit any return for the reissued forfeited shares as required by section 75(1) of the Act, prompting the appellant shareholder to petition the High Court for an order compelling compliance.It was determined that the term \"allotment of shares\" in section 75 refers...

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Prativa Bose Vs. Kumar Rupendra Deb Raikat & Ors [1963] INSC 147 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 175 SC

Bengal, Agra and Assam Civil Courts Act, 1887
Bengal, Agra And Assam Civil Courts Act, 1887
Code of Civil Procedure, 1908 (CPC)
Indian Succession Act, 1925

Headnote :

The respondent initiated a lawsuit in the Subordinate Judge\'s court in Jalpaiguri, seeking a declaration of his title as the sole heir and successor to his father\'s impartible estate, which had been taken over by his stepmother.This case was transferred and was pending in the High Court, alongside...

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Badat And Co. Vs. East India Trading Co. [1963] INSC 148 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 176 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent company, incorporated in New York and engaged in the spice business, filed a lawsuit in the original jurisdiction of the Bombay High Court against the appellant, seeking to recover Rs. 92,884-4-10. This claim was based on a judgment from the Supreme Court of New York that upheld two a...

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Nihal Singh & Ors Vs. State of Punjab [1963] INSC 149 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 177 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The appellants gathered as an unlawful assembly and, in pursuit of their shared objective, caused the deaths of two individuals. They were charged under sections 148 and 302/149 of the Indian Penal Code. The trial court acquitted them of all charges. However, upon appeal, the High Court reviewed the...

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Hazara Singh Gill Vs. The State of Punjab [1963] INSC 150 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 178 SC

Indian Penal Code, 1860 (IPC)

Headnote :

In a petition for the transfer of a criminal case, if the petitioner presents very serious allegations in an affidavit that are not specifically denied by the opposing party, the court must rely on the petitioner\'s affidavit. In such proceedings, the court does not call witnesses to support the fac...

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Kirpal Singh Vs. State of U.P [1963] INSC 151 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 179 SC

Headnote :

The appellant was found guilty of murdering K by the Sessions judge and received a death sentence, which was upheld by the High Court. The committal proceedings revealed that the Magistrate had committed the accused to the Court of Session without taking evidence from witnesses regarding the actual...

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Chaliagulla Ramachandrayya Vs. Boppana Satyanarayana & Ors [1963] INSC 152 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 180 SC

Transfer of Property Act, 1882

Headnote :

The plaintiffs filed a partition lawsuit, with two of them asserting their status as reversioners of Chandrappa, while the third claimed to have purchased the interests of the reversioners, namely defendants 4, 5, and 7. Consequently, they were entitled to a 5/6th share of the properties, leaving th...

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Raghubir Prosad Dudhewalla Vs. Chamanlal Mehra & ANR [1963] INSC 153 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 181 SC

CrPC Section 476. Forms
CrPC Section 479. Cases in which Judge or Magistrate is personally interested
Indian Penal Code, 1860 (IPC)
IPC Section 193. Punishment for false evidence
IPC Section 506. Punishment for criminal intimidation

Headnote :

The appellant served as a prosecution witness against the respondents, who were ultimately acquitted. Following this, an application was submitted under section 476 of the Code of Criminal Procedure to the Magistrate, seeking to file a complaint against the appellant and several other prosecution wi...

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Vasudev Gopalkrishna Tamwekar Vs. The Board of Liquidators Happy home Co-Operative Housing [1963] INSC 154 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 182 SC

Headnote :

The respondent secured a land lease intended for its members to construct buildings and provided loans for this purpose. The premium for the land and the loan, along with interest, were to be repaid in monthly installments. The appellant completed the construction and occupied the building through t...

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General Manager, B. E. S. T.Undertaking, Bombay Vs. Mrs. Agnes [1963] INSC 155 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 183 SC

Headnote :

P. Nanu Raman was a bus driver for the appellant corporation. After completing his work for the day, he left the bus at the depot and boarded another bus to return home. Unfortunately, this bus was involved in an accident, resulting in injuries that led to his death. His widow, the respondent, filed...

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In Re. The Bill to Amend S. 20 of The Sea Customs Act [1963] INSC 156 (10 May 1963)

Judgement Date : 10 May 1963

Citation : 1963 Latest Caselaw 184 SC

Constitution of India
Government of India Act, 1935

Headnote :

Following a proposal to present a Bill in Parliament aimed at amending section 20 of the Sea Customs Act of 1878 and section 3 of the Central Excises and Salt Act of 1944, which sought to extend the provisions of these Acts to goods owned by State Governments, certain uncertainties arose regarding t...

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