Caselaw | Supreme Court Judgements of december 1964

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Kylasa Sarabhiah, Bombay Cloth Shop, Secunderabad Vs. Commissioner of Income-Tax, Andhra Pradesh [1964] INSC 279 (1 December 1964)

Judgement Date : 01 Dec 1964

Citation : 1964 Latest Caselaw 279 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The appellant firm sought registration under section 26-A of the Indian Income-tax Act. In their application, the partners listed included a yarn shop (another firm) along with four other individuals, detailing the collective share of the yarn shop and the shares of the other partners. The Income-ta...

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Patel Chunibhai Dajibhai Vs. Narayanrao Khanderao Jambekar & ANR [1964] INSC 280 (3 December 1964)

Judgement Date : 03 Dec 1964

Citation : 1964 Latest Caselaw 280 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948

Headnote :

In May 1956, the respondent issued a notice under section 14 of the Bombay Tenancy and Agricultural Lands Act, 1948 to the appellants, his tenants, terminating their tenancy due to non-payment of rent. In December 1956, he sent another notice under section 31, ending the tenancy because he intended...

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Roshan Lal & Ors Vs. State of Punjab [1964] INSC 281 (3 December 1964)

Judgement Date : 03 Dec 1964

Citation : 1964 Latest Caselaw 281 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 203. Giving false information respecting an offence committed
IPC Section 325. Punishment for voluntarily causing grievous hurt
IPC Section 348. Wrongful confinement to extort confession, or compel restoration of property
IPC Section 71. Limit of punishment of offence made up of several offences

Headnote :

The three appellants faced prosecution for various offenses under the Indian Penal Code but were acquitted by the trial court. Upon appeal, the High Court of Punjab convicted one appellant under sections 330 and 348 of the Code, and all three under section 201, while acquitting them of the charge un...

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Jeshwantrai Mulukchand Vs. Anandilal Bapalal [1964] INSC 282 (7 December 1964)

Judgement Date : 07 Dec 1964

Citation : 1964 Latest Caselaw 282 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant-tenant initiated a lawsuit to establish the standard rent and, while the case was ongoing, paid the provisional standard rent set by the Court of Small Causes. Following the final ruling on November 9, 1956, which determined the standard rent to be Rs. 125 per month, both the tenant an...

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Seth Banarsi Das Vs. Wealth Tax Officer, Special Circle Meerut [1964] INSC 283 (8 December 1964)

Judgement Date : 08 Dec 1964

Citation : 1964 Latest Caselaw 283 SC

Constitution of India
General Clauses Act, 1897

Headnote :

The appellants, who were Hindu undivided families, contested the imposition of wealth tax on the basis that Section 3 of the Wealth-tax Act, 1957, which included Hindu undivided families within its scope, was ultra vires as it exceeded the provisions of Entry 86 in List 1. After their writ petitions...

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Shri Shankar Babaji Savant Vs. Shri Sakharam Vithoba Salunkhe & Ors [1964] INSC 284 (9 December 1964)

Judgement Date : 09 Dec 1964

Citation : 1964 Latest Caselaw 284 SC

Representation of the People Act, 1950
Representation of the People Act, 1951

Headnote :

The appellant and respondent were candidates in the Maharashtra Legislative Assembly elections, receiving an equal number of votes. Consequently, the returning officer conducted a draw and declared the appellant as the winner. The respondent then filed an election petition, claiming that the polling...

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Mohd. Sulaiman Vs. Mohd. Ayub & ANR [1964] INSC 285 (9 December 1964)

Judgement Date : 09 Dec 1964

Citation : 1964 Latest Caselaw 285 SC

Indian Penal Code, 1860 (IPC)
IPC Section 406. Punishment for criminal breach of trust

Headnote :

The appellant took an electric motor from an electrical Works where the respondent was employed. A disagreement arose regarding the terms under which the motor was taken. The appellant sent a letter to the Works claiming he had purchased the motor after paying the full price; however, the Works cont...

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Associated Cement Companies Ltd. Vs. P. N. Sharma & ANR [1964] INSC 286 (9 December 1964)

Judgement Date : 09 Dec 1964

Citation : 1964 Latest Caselaw 286 SC

Assam Excise Act, 1910
Constitution of India
Factories Act, 1948
Industrial Disputes Act, 1947
Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952

Durga Shankar Mehta Vs. Thakur Raghuraj Singh & Ors [1954] INSC 68 (19 May 1954)

Headnote :

The appellant appointed the 1st respondent as a Welfare Officer in accordance with the Factories Act, 1948 and the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952. The appointment letter indicated that the 1st respondent could be transferred between different units of the a...

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B. N. Tiwari Vs. Union of India & Ors [1964] INSC 287 (10 December 1964)

Judgement Date : 10 Dec 1964

Citation : 1964 Latest Caselaw 287 SC

Headnote :

In 1950, the Ministry of Home Affairs established a reservation of 12.5% for scheduled castes and 5% for scheduled tribes in public service vacancies to be filled annually.In 1952, a \"carry forward\" rule was implemented, allowing unfilled reserved vacancies from one year to be carried over to the...

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Hindustan Construction Co. Ltd. Vs. Income Tax Officer Bombay & ANR [1964] INSC 288 (10 December 1964)

Judgement Date : 10 Dec 1964

Citation : 1964 Latest Caselaw 288 SC

Constitution of India

Headnote :

The appellant company filed a claim for a refund of income tax paid in an Indian State under section 5 of the Income Tax (Double Taxation Relief) (Indian States) Rules, 1939.However, the Income Tax Officer rejected the claim on the grounds that it was time-barred. The Commissioner of Income Tax and...

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Mahjibhai Mohanbhai Barot Vs. Patel Manibhai Gokalbhai & Ors [1964] INSC 289 (11 December 1964)

Judgement Date : 11 Dec 1964

Citation : 1964 Latest Caselaw 289 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant initiated a lawsuit to recover specific properties from the respondents, which was ruled in favor of the appellant by the trial court. The respondents subsequently appealed to the High Court. However, during the appeal process, the appellant executed the trial court\'s decree, regainin...

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Velji Raghavji Patel Vs. State of Maharashtra [1964] INSC 290 (11 December 1964)

Judgement Date : 11 Dec 1964

Citation : 1964 Latest Caselaw 290 SC

Indian Penal Code, 1860 (IPC)
IPC Section 406. Punishment for criminal breach of trust
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The appellant was a working partner in a firm, and it was agreed among the partners that he would handle the recovery of the partnership\'s dues. He was accused of misappropriating certain amounts and failing to deposit some collections into the bank as required, leading to his conviction for crimin...

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A.Venkata Subba Rao Vs. State of Andhra Pradesh [1964] INSC 291 (14 December 1964)

Judgement Date : 14 Dec 1964

Citation : 1964 Latest Caselaw 291 SC

Headnote :

In 1947 and 1948, certain districts in Madras experienced a shortage of rice, prompting the Government to take action under the Essential Supplies (Temporary Powers) Act of 1946. They issued various orders for the procurement and distribution of rice, appointing the appellants as procuring agents un...

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Gulabchand Chhotalal Parikh Vs. State of Bombay (Now Gujarat) [1964] INSC 292 (14 December 1964)

Judgement Date : 14 Dec 1964

Citation : 1964 Latest Caselaw 292 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant sought the issuance of a writ of mandamus and a writ of prohibition against the respondent-State through a writ application submitted to the High Court, arguing that his obligation as a surety for certain contractors had been discharged due to a specific action taken by the State. The...

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Corporation of Calcutta & ANR Vs. Liberty Cinema [1964] INSC 293 (14 December 1964)

Judgement Date : 14 Dec 1964

Citation : 1964 Latest Caselaw 293 SC

Headnote :

According to Section 413 of the Calcutta Municipal Act, 1951, no individual may operate a cinema house for public entertainment in Calcutta without a license from the Corporation of Calcutta. Section 548(2) allows the Corporation to charge a fee for each license, with the rate determined periodicall...

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Shyamlal Mohanlal Vs. State of Gujarat [1964] INSC 294 (14 December 1964)

Judgement Date : 14 Dec 1964

Citation : 1964 Latest Caselaw 294 SC

Bombay Prohibition Act, 1949
Constitution of India
CrPC Section 165. Search by police officer
CrPC Section 343. Procedure of Magistrate taking cognizance
CrPC Section 94. Search of place suspected to contain stolen property, forged documents, etc
CrPC Section 96. Application to High Court to set aside declaration of forfeiture
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 175. Omission to produce document or electronic record to public servant by person legally bound to produce it.

The State of Bombay Vs. Kathi Kalu Oghad & Ors [1961] INSC 233 (4 August 1961)

Headnote :

The respondent, a licensed money-lender, faced prosecution for not keeping records as required by the Money-lenders\' Act and its associated Rules. The prosecution submitted a request under section 94(1) of the Criminal Procedure Code to the Magistrate, asking for the respondent to present specific...

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Kurban Hussein Mohammedali Rangwalla Vs. State of Maharashtra [1964] INSC 295 (15 December 1964)

Judgement Date : 15 Dec 1964

Citation : 1964 Latest Caselaw 295 SC

Indian Penal Code, 1860 (IPC)
IPC Section 285. Negligent conduct with respect to fire or combustible matter

Headnote :

The appellant served as the manager and working partner of a paint and varnish manufacturing firm. The Bombay Municipality had granted the factory a license to produce paints using a cold process and to store specific amounts of turpentine, varnish, and paint under certain conditions. However, the f...

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Mugneeram Bangur & Co. Vs. Sardar Gurbachan Singh [1964] INSC 296 (16 December 1964)

Judgement Date : 16 Dec 1964

Citation : 1964 Latest Caselaw 296 SC

Headnote :

In May 1941, the respondent entered into a contract with the appellant company to purchase a plot of land as part of a Colony Scheme. He paid the earnest money and agreed to finalize the transaction within one month after the appellant completed certain development work. However, the land was requis...

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John Douglas Keith Brown Vs. State of West Bengal [1964] INSC 297 (17 December 1964)

Judgement Date : 17 Dec 1964

Citation : 1964 Latest Caselaw 297 SC

Factories Act, 1948

Headnote :

The appellant was classified as an \"occupier\" according to section 20(n) of the Factories Act, overseeing certain mills. The mills\' manager violated section 52 of the Act, which mandates that when workers are required to work on a weekly holiday, explicit permission from the Chief Inspector of Fa...

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Chitturi Subbanna Vs. Kudapa Subbanna & Ors [1964] INSC 298 (18 December 1964)

Judgement Date : 18 Dec 1964

Citation : 1964 Latest Caselaw 298 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In a case concerning possession and mesne profits, the High Court instructed in its preliminary decree that the trial court should investigate the mesne profits owed by the appellant (the judgment debtor) from the date the suit was filed, and issue a final decree for the amount determined due until...

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Municipal Council, Khurai & ANR Vs. Kamal Kumar & ANR [1964] INSC 299 (18 December 1964)

Judgement Date : 18 Dec 1964

Citation : 1964 Latest Caselaw 299 SC

Delegation of Powers
Delegation of Powers

Headnote :

An assessment list for house and conservancy taxes was created based on a slab taxation system and was published by the appellant in accordance with section 136 of the M.P. Municipalities Act, 1961. The assessees raised objections to this list under section 138(2). Subsequently, the appellant revoke...

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V. K. A. Ranganatha Konar Vs. The Tiruchirappalli Municipal Council [1964] INSC 300 (18 December 1964)

Judgement Date : 18 Dec 1964

Citation : 1964 Latest Caselaw 300 SC

Headnote :

The appellant was a tenant of respondent No. 1 on a parcel of land where he constructed a cinema. After the lease expired, respondent No. 1 initiated a lawsuit for rent and eviction against the appellant and his sub-lessee, which resulted in a decree. According to section 4(1) of the Madras City Ten...

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