Caselaw | Supreme Court Judgements of september 1964

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Deputy Custodian, Evacuee Property, New Delhi& Ors Vs. Official Receiver of The Estate of Daulat Ramsurana,Delhi [1964] INSC 189 (3 September 1964)

Judgement Date : 03 Sep 1964

Citation : 1964 Latest Caselaw 189 SC

Headnote :

An Indian emigrated to Pakistan in February 1950. In March 1950, his creditors filed a petition to declare him insolvent, which was subsequently ordered.In 1951, the Assistant Custodian of Evacuee Property issued a notice under section 7(1) of the Administration of Evacuee Property Act (31 of 1950),...

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Daya Ram & Ors Vs. Shyam Sundari [1964] INSC 190 (8 September 1964)

Judgement Date : 08 Sep 1964

Citation : 1964 Latest Caselaw 190 SC

Section 51. TPA, Improvements made by bona fide holders under defective titles.

The State of Punjab Vs. Nathu Ram [1961] INSC 203 (1 May 1961)

Headnote :

Har Charan, the father of the respondent, along with his two brothers, owned certain lands. Following Har Charan\'s death, his brothers sold the lands to the father of the appellants. The respondent initiated a lawsuit seeking a decree for possession of a one-third share of the property, asserting t...

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S. Varadarajan Vs. State of Madras [1964] INSC 191 (9 September 1964)

Judgement Date : 09 Sep 1964

Citation : 1964 Latest Caselaw 191 SC

Indian Penal Code, 1860 (IPC)
IPC Section 361. Kidnapping from lawful guardianship
IPC Section 363. Punishment for kidnapping
IPC Section 498. Enticing or taking away or detaining with criminal intent a married woman

Headnote :

In a situation where a minor girl, who is claimed to have been taken away by the accused, left her father\'s protection with full awareness and understanding of her actions, and voluntarily chose to join the accused, it cannot be concluded that the accused has taken her away from her lawful guardian...

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Collector of Kamrup & Ors Vs. Kamakhya Ram Barooah & Ors [1964] INSC 192 (11 September 1964)

Judgement Date : 11 Sep 1964

Citation : 1964 Latest Caselaw 192 SC

Headnote :

According to rule 75-A of the Defence of India Rules, 1939, the respondents\' land and the building on it were requisitioned.While the requisition order was still in effect, an acquisition order for the land and building was issued under section 4 of the Assam Land (Requisition and Acquisition) Act...

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Official Receiver, Kanpur & ANR Vs. Abdul Shakur & Ors [1964] INSC 193 (11 September 1964)

Judgement Date : 11 Sep 1964

Citation : 1964 Latest Caselaw 193 SC

Negotiable Instruments Act, 1881
NI Act, Section 118. Presumptions as to negotiable instruments of consideration
NI Act, Section 8. Holder
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920

Headnote :

The second appellant, who had signed promissory notes in favor of the respondents, was declared insolvent following a petition filed by them. The Official Receiver, acting under sections 33 and 80 of the Provincial Insolvency Act (5 of 1920) and under the direction of the Insolvency Judge, examined...

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Pravin Chandra Mody Vs. State of Andhra Pradesh [1964] INSC 194 (15 September 1964)

Judgement Date : 15 Sep 1964

Citation : 1964 Latest Caselaw 194 SC

CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 252. Conviction on plea of guilty
CrPC Section 253. Conviction on plea of guilty in absence of accused in petty cases
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

The appellant was on trial before a Magistrate for offenses under section 420 of the Indian Penal Code and section 7 of the Essential Commodities Act, 1955. These offenses stemmed from the same set of circumstances and were investigated together in accordance with Chapter XIV of the Code of Criminal...

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State of Rajasthan Vs. Leela Jain [1964] INSC 195 (16 September 1964)

Judgement Date : 16 Sep 1964

Citation : 1964 Latest Caselaw 195 SC

Constitution of India

Headnote :

The respondent constructed certain structures on her property in Jaipur that deviated from the plans approved by the Municipality. Despite an order from the President of the Municipal Board to halt unauthorized constructions, the respondent completed the work, leading the President to impose a fine...

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Shankarlal Kachrabhai & Ors Vs. State of Gujarat [1964] INSC 196 (21 September 1964)

Judgement Date : 21 Sep 1964

Citation : 1964 Latest Caselaw 196 SC

Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 301. Culpable homicide by causing death of person other than person whose death was intended
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

If four individuals shot at the victim with the intent to kill him, mistakenly believing he was someone else, they could be charged with an offense under section 302 of the Indian Penal Code, in conjunction with section 34 of the Code.This situation would be classified as a case of killing the victi...

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Padmavati R. Saraiya & Ors Vs. Commissioner of Income-Tax Bombay City-1 [1964] INSC 197 (22 September 1964)

Judgement Date : 22 Sep 1964

Citation : 1964 Latest Caselaw 197 SC

Headnote :

The taxpayer was a shareholder in a company that operated in both India and Pakistan, declaring dividends from profits earned in both nations.In the subsequent year, the company declared dividends in a similar manner and also passed a resolution stating that half of the dividend amount would be paya...

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Ram Ratan Alias Ratan Ahir & Ors Vs. The State of Bihar & ANR [1964] INSC 198 (22 September 1964)

Judgement Date : 22 Sep 1964

Citation : 1964 Latest Caselaw 198 SC

Indian Penal Code, 1860 (IPC)
IPC Section 24. Dishonestly
IPC Section 378. Theft

K. N. Mehra Vs. The State of Rajasthan [1957] INSC 12 (11 February 1957)

Headnote :

The appellants took cattle from a field they claimed was theirs, intending to bring them to the cattle-pound, acting under section 10 of the Cattle Trespass Act, 1871. The cattle\'s owners attempted to rescue them, leading to a confrontation that resulted in injuries on both sides and the death of o...

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B. Basavalingappa Vs. D. Munichinnappa [1964] INSC 199 (23 September 1964)

Judgement Date : 23 Sep 1964

Citation : 1964 Latest Caselaw 199 SC

Headnote :

M, the candidate elected from the Bangalore South (Scheduled Castes) constituency, asserted that he belonged to the Bhovi caste, which is listed as a Scheduled Caste in the Constitution (Scheduled Castes) Order of 1950. However, the appellant\'s election petition alleged that he actually belonged to...

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Harishchandra Vs. State of Madhya Pradesh [1964] INSC 200 (24 September 1964)

Judgement Date : 24 Sep 1964

Citation : 1964 Latest Caselaw 200 SC

Scheduled Districts Act, 1874

Headnote :

The Indian Scrap Order of 1943, enacted under the Defence of India Rules, was retained after those Rules expired by the Essential Supplies Act of 1946. Subsequently, through Central Act 52 of 1950, this Act was extended to the Part B State of Madhya Bharat, which already had its own legislation on t...

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Subhas Chandra & Ors Vs. Municipal Corporation of Delhi & ANR [1964] INSC 201 (25 September 1964)

Judgement Date : 25 Sep 1964

Citation : 1964 Latest Caselaw 201 SC

General Clauses Act, 1897
Punjab Municipal Act, 1911

Headnote :

In November 1957, the now-defunct Municipal Committee of Delhi decided to provide a graduate allowance to its graduate clerks in the junior grade. Following this, the Municipal Committee was succeeded by the Municipal Corporation of Delhi under Act 66 of 1957. The Commissioner of the Corporation onl...

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Commissioner of Income-Tax, U.P. Vs. Nainital Bank Ltd. [1964] INSC 202 (25 September 1964)

Judgement Date : 25 Sep 1964

Citation : 1964 Latest Caselaw 202 SC

Headnote :

Cash and ornaments valued at Rs. 1,06,000 were stolen by dacoits from the Ramnagar branch of Nainital Bank Ltd., a public limited banking company. The bank claimed this loss as a trading loss for the assessment year 1952-53. However, the Income-tax Officer rejected the claim, stating that the loss w...

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Kunwar Trivikram Narain Singh Vs. State of Uttar Pradesh & Ors [1964] INSC 203 (25 September 1964)

Judgement Date : 25 Sep 1964

Citation : 1964 Latest Caselaw 203 SC

U.P. Land Revenue Act, 1901

Headnote :

The appellant was assessed for agricultural income tax by the Assistant Collector in Banaras under U.P. Act 3 of 1949, which specified only the \'Collector\' as the authority competent to conduct assessments. Consequently, the Collector annulled the assessment made by the Assistant Collector. Later,...

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C. Channabasavaiah Vs. State of Mysore & Ors [1964] INSC 204 (28 September 1964)

Judgement Date : 28 Sep 1964

Citation : 1964 Latest Caselaw 204 SC

Constitution of India

Headnote :

Following the viva voce examinations for direct recruitment to Class I and Class II positions in certain Administrative Services, the Mysore Public Service Commission released a list of 98 candidates who were selected and appointed.After this announcement, the State Government submitted a list of tw...

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Life Insurance Corporation of India Vs. S. Vs. Oak & ANR [1964] INSC 205 (29 September 1964)

Judgement Date : 29 Sep 1964

Citation : 1964 Latest Caselaw 205 SC

Code of Civil Procedure, 1908 (CPC)
Insurance Act, 1938
Life Insurance Corporation Act, 1956
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void

Headnote :

The respondents had deposited funds with a mutual life assurance company. The Controller of Insurance instructed that these deposits should be repaid from future valuation surpluses, to which the respondents consented. However, the insurance company did not report any valuation surplus as determined...

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Amin Lal Vs. Hunna Mal [1964] INSC 206 (29 September 1964)

Judgement Date : 29 Sep 1964

Citation : 1964 Latest Caselaw 206 SC

Code of Civil Procedure, 1908 (CPC)

Harish Chandra Bajpai Vs. Triloki Singh [1956] INSC 84 (21 December 1956)

Headnote :

The appellant contested the election of the respondent to the State Legislative Assembly, alleging corrupt practices involving the respondent, his agents, and others. The respondent objected initially, claiming that the allegations of corrupt practices were vague and unclear. The Tribunal determined...

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Kasturilal Ralia Ram Jain Vs. The State of Uttar Pradesh [1964] INSC 207 (29 September 1964)

Judgement Date : 29 Sep 1964

Citation : 1964 Latest Caselaw 207 SC

Constitution of India
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

Some police officers from the State confiscated gold from the appellant while exercising their statutory authority, but they were negligent in ensuring its safe custody. Due to this negligence, the gold was not returned to the appellant, prompting him to file a lawsuit against the State for the valu...

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Pandhyan Insurance Co. Ltd. Vs. Commissioner of Income-Tax, Madras [1964] INSC 208 (29 September 1964)

Judgement Date : 29 Sep 1964

Citation : 1964 Latest Caselaw 208 SC

Insurance Act, 1938

Headnote :

The appellant, a company engaged in general insurance, constructed a significant modern building at a cost of approximately Rs. 12,00,000 towards the end of 1952. In the accounting year of 1953, it claimed a depreciation write-off of around Rs. 1,00,000 for various items. However, the Income-tax Off...

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Special Reference No. 1 of 1964 Vs. [1964] INSC 209 (30 September 1964)

Judgement Date : 30 Sep 1964

Citation : 1964 Latest Caselaw 209 SC

Constitution of India
Delhi Laws Act, 1912
Indian Independence Act, 1947

Headnote :

The Legislative Assembly of Uttar Pradesh imprisoned Keshav Singh, a non-member, for contempt. However, the committal warrant lacked details regarding the alleged contempt.While serving his sentence, Keshav Singh, through his lawyer, filed a petition under Article 226 of the Constitution and Section...

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