Caselaw | Supreme Court Judgements of february 1964

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Thansingh Nathmal & Ors Vs. A. Mazid, Superintendent of Taxes [1964] INSC 22 (3 February 1964)

Judgement Date : 03 Feb 1964

Citation : 1964 Latest Caselaw 22 SC

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

Headnote :

The appellants, who are merchants engaged in the jute trade in Calcutta, submitted their turnover returns for sales tax under the Assam Sales Tax Act of 1947. However, since they failed to comply with the Superintendent of Taxes\' request to present their books, the Superintendent conducted a \"best...

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Mrs. M. N. Clubwala & ANR Vs. Fida Hussain Saheb & Ors [1964] INSC 23 (3 February 1964)

Judgement Date : 03 Feb 1962

Citation : 1964 Latest Caselaw 23 SC

Headnote :

In a dispute concerning additional fees related to meat stalls in a private market owned by the appellants, the respondents, who are stall-holders, initiated a lawsuit claiming that their relationship with the appellants was that of lessees and lessors. Conversely, the appellants contended that the...

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Shyam Behari & Ors Vs. State of Madhya Pradesh & Ors [1964] INSC 24 (3 February 1964)

Judgement Date : 03 Feb 1964

Citation : 1964 Latest Caselaw 24 SC

Headnote :

On December 3, 1960, the Government released a notification under section 6 of the Land Acquisition Act, indicating that the land specified in the annexure was needed for a public purpose, specifically for constructing buildings for godowns and an administrative office. The appellants contested the...

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Hari Charan Kurmi and Jogia Hajam Vs. State of Bihar [1964] INSC 25 (3 February 1964)

Judgement Date : 03 Feb 1964

Citation : 1964 Latest Caselaw 25 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 396. Dacoity with murder

Ram Prakash Vs. The State of Punjab [1958] INSC 72 (2 September 1958)

Headnote :

The appellants, along with four others, were tried and convicted by the Sessions Judge for the crimes of dacoity and murder, receiving life sentences. Upon appeal, the High Court upheld both the conviction and the sentence. During the appeal process, it issued a rule for increasing the sentence, whi...

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Indo-China Steam Navigation Co. Ltd. Vs. Jasjit Singh, Additional Collector of Customs & Ors [1964] INSC 26 (3 February 1964)

Judgement Date : 03 Feb 1964

Citation : 1964 Latest Caselaw 26 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Headnote :

The appellant operates a business that involves the transportation of goods and passengers by sea and possesses a fleet of ships for this purpose. One of its vessels, named Eastern Saga, docked at Calcutta and was inspected by the Calcutta Customs Officers.During the inspection of the sailors\' quar...

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H. R. S. Murthy Vs. Collector of Chittoor & ANR [1964] INSC 27 (4 February 1964)

Judgement Date : 04 Feb 1964

Citation : 1964 Latest Caselaw 27 SC

Headnote :

Under the conditions of a mining lease, the lessee operated the mines and extracted iron ore from a parcel of land in a village located in the Chittor district. The lessee agreed to pay a dead rent if the leased land was utilized for iron ore extraction, a royalty on the iron ore extracted, and a su...

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Brij Mohan Singh Vs. Priya Brat Narain Sinha & Ors [1964] INSC 28 (5 February 1964)

Judgement Date : 05 Feb 1964

Citation : 1964 Latest Caselaw 28 SC

Headnote :

The appellant and respondent were competing candidates in the Bihar Legislative Assembly elections. The appellant received a majority of votes and was declared the winner. The respondent contested this election, arguing that the appellant was under 25 years old at the time of filing his nomination p...

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Shree Bajrang Jute Mills Ltd. Vs. State of Andhra Pradesh [1964] INSC 29 (6 February 1964)

Judgement Date : 06 Feb 1964

Citation : 1964 Latest Caselaw 29 SC

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

Headnote :

The appellant, engaged in the manufacturing of jute products at its Guntur factory, regularly shipped jute bags via railway to the A.C.C. cement factories located outside the State of Andhra. To ensure a consistent supply of jute bags, the A.C.C. entered into a contract with the appellant. Following...

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State of Uttar Pradesh Vs. Kartar Singh [1964] INSC 30 (6 February 1964)

Judgement Date : 06 Feb 1964

Citation : 1964 Latest Caselaw 30 SC

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

Headnote :

The respondent faced trial for violating section 7 in conjunction with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, due to the sale of adulterated ghee.Analysis revealed that the ghee had a Reichert Value of only 22.5, while the minimum Reichert value set for Uttar Pradesh,...

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Lalji Haridas Vs. State of Maharashtra & ANR [1964] INSC 31 (7 February 1964)

Judgement Date : 07 Feb 1964

Citation : 1964 Latest Caselaw 31 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
CrPC Section 35. Powers of Judge and Magistrates exercisable by their successors-in-office
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
Industrial Disputes Act, 1947
IPC Section 188. Disobedience to order duly promulgated by public servant
IPC Section 193. Punishment for false evidence
IPC Section 196. Using evidence known to be false
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Headnote :

The appellant lodged a criminal complaint against respondent No. 2, claiming that he had violated section 193 of the Indian Penal Code, 1860 by providing false testimony in certain proceedings before the Income-tax Officer under section 37 of the Indian Income-tax Act, 1922. Respondent No. 2 raised...

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K.J.Nathan Vs. S. Vs. Maruty Reddy & Ors [1964] INSC 32 (11 February 1964)

Judgement Date : 11 Feb 1964

Citation : 1964 Latest Caselaw 32 SC

Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Transfer of Property Act, 1882

Headnote :

The plaintiff-appellant initiated a lawsuit to enforce a mortgage through the deposit of title deeds. The plaintiff\'s claim was that on May 10, 1947, the first defendant deposited various title deeds and documents related to his half share in the properties listed in Schedule \'B\' of the plaint at...

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Jagdev Singh Sidhanti Vs. Pratap Singh Daulta [1964] INSC 33 (12 February 1964)

Judgement Date : 12 Feb 1964

Citation : 1964 Latest Caselaw 33 SC

Representation of the People Act, 1951

Headnote :

The appellant was elected to the House of the People from a specific parliamentary constituency. Respondent No. 1 contested the appellant\'s election, alleging that the appellant and his agents engaged in various corrupt practices as defined in section 123 of the Representation of the People Act, 19...

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R. L. Arora Vs. State of Uttar Pradesh & Ors [1964] INSC 34 (14 February 1964)

Judgement Date : 14 Feb 1964

Citation : 1964 Latest Caselaw 34 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The petitioner owns a specific piece of land in Kanpur, U.P.Previously, land acquisition proceedings were initiated concerning this land for the purpose of acquiring it for an industrialist. The petitioner challenged the legitimacy of these proceedings, and this Court, in its judgment reported as R....

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S. M. Karim Vs. Mst. Bibi Sakina [1964] INSC 35 (14 February 1964)

Judgement Date : 14 Feb 1964

Citation : 1964 Latest Caselaw 35 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, K, claimed ownership of certain property, asserting that he had bought it from A, who had acquired it benami in the name of H, who subsequently sold it to S, the respondent.Held: (i) The protection provided by section 66 of the Code of Civil Procedure applies not only to the certified...

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Hiralal Prabhubhai & Ors Vs. Nagindas Atmaram Matri [1964] INSC 36 (14 February 1964)

Judgement Date : 14 Feb 1964

Citation : 1964 Latest Caselaw 36 SC

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

Headnote :

The respondent notified the appellants of the termination of the lease for agricultural land located within two miles of the Municipality\'s boundaries and initiated eviction proceedings.The defendants contested the lawsuit, arguing that they had established tenancy rights under the Bombay Tenancy A...

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Ramchandra Rambux Vs. Champabai & Ors [1964] INSC 37 (17 February 1964)

Judgement Date : 17 Feb 1964

Citation : 1964 Latest Caselaw 37 SC

Headnote :

The appellant initiated a lawsuit claiming the property of one R, which was currently held by R\'s widow, asserting that R had created a will that bequeathed nearly all of his assets to the appellant while largely excluding his widow and daughters. The basis for their exclusion was reportedly the st...

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State of Madhya Pradesh Vs. Bhopal Sugar Industries Ltd. [1964] INSC 38 (19 February 1964)

Judgement Date : 19 Feb 1964

Citation : 1964 Latest Caselaw 38 SC

Constitution of India
Gwalior
Madhya Pradesh Extension of Laws Act, 1958
States Reorganisation Act, 1956

Headnote :

The petitioner, a company established in the former State of Bhopal, filed a petition in August 1960 under Article 226 of the Constitution in the High Court of Madhya Pradesh. The petition sought a writ to prevent the State of Madhya Pradesh from enforcing the Bhopal State Agricultural Income-tax Ac...

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Memon Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi & Ors [1964] INSC 39 (19 February 1964)

Judgement Date : 19 Feb 1964

Citation : 1964 Latest Caselaw 39 SC

Administration of Evacuee Property Act, 1950

Headnote :

In January 1946, the appellant received a deposit of Rs. 85,000 from his sister. She migrated to Pakistan sometime between June and August 1949. The Assistant Custodian requested the appellant to pay this deposited amount under section 48 of the Administration of Evacuee Property Act, 1950. The appe...

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K. S. Rashid & Sons & ANR Vs. Commissioner of Income-Tax, U.P. & Ors [1964] INSC 40 (19 February 1964)

Judgement Date : 19 Feb 1964

Citation : 1964 Latest Caselaw 40 SC

Constitution of India

Headnote :

The assessees contested the validity of section 34(1A) of the Income-tax Act, arguing that it violated Article 14 of the Constitution. They claimed that the appeal and revision remedies available under section 34(1) were not accessible to those facing actions under section 34(1A). Furthermore, they...

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Hukumchand Mills Ltd. Vs. The State of Madhya Bharat & ANR [1964] INSC 41 (20 February 1964)

Judgement Date : 20 Feb 1964

Citation : 1964 Latest Caselaw 41 SC

Constitution of India
Subsidiary Rules

Headnote :

The appellant, a cotton mill located in Indore within the Holkar State, was subjected to taxation on profits, gains, and income under the Indore Industrial Tax Rules of 1927 by the then ruler of Indore. Following the merger of Holkar State into Madhya Bharat, which subsequently acceded to India, the...

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R. Abdul Quader and Co. Vs. Sales Tax Officer, Hyderabad [1964] INSC 42 (21 February 1964)

Judgement Date : 21 Feb 1964

Citation : 1964 Latest Caselaw 42 SC

Headnote :

The appellant collected sales tax from buyers of betel leaves related to its sales but failed to remit the collected amount to the Government. In response, the Government instructed the appellant to pay the amount owed, prompting the appellant to file a writ petition in the High Court challenging th...

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Rafiquennessa Vs. Lal Bahadur Chetri [1964] INSC 43 (24 February 1964)

Judgement Date : 24 Feb 1964

Citation : 1964 Latest Caselaw 43 SC

Headnote :

The appellant initiated a lawsuit against the lessee, who was the predecessor of the respondents, seeking eviction due to the lessee\'s failure to vacate the leased land upon the expiration of the lease term. According to the lease agreement, the lessee had the right to construct a residential house...

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Tata Engineering and Locomotive Co. Ltd. Vs. State of Bihar & Ors [1964] INSC 44 (25 February 1964)

Judgement Date : 25 Feb 1964

Citation : 1964 Latest Caselaw 44 SC

Constitution of India

All India Bank Employees' Association Vs. National Industrial Tribunal & Ors [1961] INSC 254 (28 August 1961)

Headnote :

The petitioners were directed to pay sales tax due to specific transactions they conducted in the State of Bihar.They argued that the sales in question occurred outside the state, thus they should be protected under Article 286(1)(a). However, the sales tax authorities dismissed their argument, stat...

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Shiv Prasad Chunilal Jain Vs. The State of Maharashtra [1964] INSC 45 (26 February 1964)

Judgement Date : 26 Feb 1964

Citation : 1964 Latest Caselaw 45 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

In a jury trial, the appellants were charged alongside accused No. 1 with offenses punishable under sections 471 and 467 in conjunction with section 34 of the Indian Penal Code. The first charge alleged that, in furtherance of their shared intention to deceive the railway administration, accused No....

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Basant Kumar Sarkar & Ors Vs. Eagle Rolling Mills Ltd. & Ors [1964] INSC 46 (26 February 1964)

Judgement Date : 26 Feb 1964

Citation : 1964 Latest Caselaw 46 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The appellants, as employees of respondent No. 1 across all three respondent entities, were receiving high-quality free medical benefits from a well-equipped hospital operated by respondent No. 1. Respondent No. 3, the Union of India, issued a notification under section 1(3) of the Employees State I...

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State of Rajasthan Vs. Mukanchand & Ors [1964] INSC 47 (26 February 1964)

Judgement Date : 26 Feb 1964

Citation : 1964 Latest Caselaw 47 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Section 82. TPA, Contribution to mortgage-debt.
Transfer of Property Act, 1882

Headnote :

Respondent No. 1 secured a mortgage decree for Rs. 1,14,581/14/6 against Rao Raja Inder Singh (the judgment debtor). The mortgage amount was provided through three separate mortgages, with the mortgaged assets including Jagirs and some non-Jagir immovable properties. The non-Jagir property was sold...

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M/S. Dhanrajamal Gobindram Vs. M/S. Shamji Kalidas and Co. [1964] INSC 48 (27 February 1964)

Judgement Date : 27 Feb 1964

Citation : 1964 Latest Caselaw 48 SC

Code of Civil Procedure, 1908 (CPC)
Section 29. Agreements void for uncertainty

Headnote :

One K had received approval to irrigate specific lands from a canal. In the same year, the Government suggested designating a portion of the area along the canal for factory use. According to the appellant, after some exchanges between the Government and K, the Superintending Engineer consented to e...

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