Caselaw | Supreme Court Judgements of march 1965

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Shri Bhagwan & ANR Vs. Ram Chand & ANR [1965] INSC 51 (1 March 1965)

Judgement Date : 01 Mar 1965

Citation : 1965 Latest Caselaw 51 SC

Laxman Purshottam Pimputkar Vs. State of Bombay & Ors [1962]371 (13 December 1962)

Headnote :

The appellants applied to the Rent Controller and Eviction Officer under s. 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, for permission to file a suit in ejectment against the predecessors-in-interest of the respondents who were the present tenants of certain premises in Agra. A...

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Rangubai Kom Shankar Jagtap Vs. Sunderabai Bhratar Sakharam Jedhe & Ors [1965] INSC 52 (1 March 1965)

Judgement Date : 01 Mar 1965

Citation : 1965 Latest Caselaw 52 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondents filed a suit against the petitioner in 1954 for the possession of certain property and for mesne profits and obtained decree in their favour. The petitioner's appeal to the High Court was dismissed in April 1959 and a petition for special leave to appeal to this Court was granted...

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Harbhajan Singh Vs. State of Punjab [1965] INSC 53 (2 March 1965)

Judgement Date : 02 Mar 1965

Citation : 1965 Latest Caselaw 53 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 499. Defamation

Sidheswar Ganguly Vs. The State of West Bengal [1957] INSC 88 (24 October 1957)

Headnote :

The Government of Punjab issued a press note stating that certain dailies in the States were publishing false reports alleging the complicity of a Minister's son in smuggling, that the allegations were made with a view to malign the Government, and, that the name the son should be openly mention...

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University of Mysore Vs. Gopal Gowda & ANR [1965] INSC 54 (2 March 1965)

Judgement Date : 02 Mar 1965

Citation : 1965 Latest Caselaw 54 SC

Headnote :

Under Sections 22, 23, and 43 of the Mysore University Act, the Academic Council of the University was empowered, inter alia, to control and operate the teaching, courses of study, to secure maintenance of standards, etc., and to make necessary regulations including those relating to examinations an...

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The Morvi Mercantile Bank Ltd. & ANR Vs. Union of India [1965] INSC 55 (3 March 1965)

Judgement Date : 03 Mar 1965

Citation : 1965 Latest Caselaw 55 SC

Indian Contract Act, 1872
Sale of Goods Act, 1930
Section 137. TPA, Saving of negotiable instruments, etc.
Transfer of Property Act, 1882

Headnote :

A firm doing business in Bombay entrusted goods worth Rs. 35,500 the Railway for delivery in Delhi. The goods were consigned to "self" and the firm endorsed the railway receipts to a Bank against an advance of Rs. 20,000 made by the Bank to the firm. The firm also executed a promissory not...

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National Bank of Lahore Ltd. Vs. Sohanlal Sehgal & Ors [1965] INSC 56 (5 March 1965)

Judgement Date : 05 Mar 1965

Citation : 1965 Latest Caselaw 56 SC

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

Headnote :

The respondents hired lockers in the safe deposit vaults from the appellant bank at Jullundur through its manager under different agreements on various dates during 1950. In April 1951, the lockers were tampered with and the valuables of the respondents kept in them were removed by the Manager. I...

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R.S. Madanappa & Ors Vs. Chandramma & ANR [1965] INSC 57 (5 March 1965)

Judgement Date : 05 Mar 1965

Citation : 1965 Latest Caselaw 57 SC

Headnote :

The plaintiff instituted the suit for possession of her half share in the suit properties and for mesne profits. The first defendant, who was the plaintiff's sister, admitted the plaintiff's claim and herself claimed a decree against the other defendants in respect of her half share in the s...

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Gopisetti Venkataratnam & Ors Vs. The Vijayawada Municipality & Ors [1965] INSC 58 (5 March 1965)

Judgement Date : 05 Mar 1965

Citation : 1965 Latest Caselaw 58 SC

Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The Government of Madras issued a licence to the respondent Municipality, under s.3(1) of the Indian Electricity Act, 1910, for the supply of electric energy within its municipal limits at rates not exceeding the maximum charges given in the licence. The appellants, some consumers of the electric en...

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Fazlul Rabbi Pradhan Vs. State of West Bengal [1965] INSC 59 (8 March 1965)

Judgement Date : 08 Mar 1965

Citation : 1965 Latest Caselaw 59 SC

Mussalman Wakf Validating Act, 1913
West Bengal Estates Acquisition Act, 1953

Headnote :

The appellants were the respective mutawallis of two wakfs, in which either the ultimate benefit to the charity was postponed till after the exhaustion of the wakif's family and descendents, or the income from the wakf estate was applied for the maintenance of the family side by side with expend...

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Abdul Karim Khan & Ors Vs. Municipal Committee, Raipur [1965] INSC 60 (8 March 1965)

Judgement Date : 08 Mar 1965

Citation : 1965 Latest Caselaw 60 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The first appellant, who was the Mutawalli of a public trust, filed a representative suit for an injunction restraining the respondent from committing acts of encroachment on the suit property, on the ground that the property was that of the trust and had been so registered by the Registrar of Publi...

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S. Chattanatha Karayalar Vs. The Central Bank of India & Ors [1965] INSC 61 (9 March 1965)

Judgement Date : 09 Mar 1965

Citation : 1965 Latest Caselaw 61 SC

Headnote :

On the basis of a promissory note and a letter of continuity executed by the appellant and respondent Nos. 2 and 3 and a hypothecation agreement executed by the respondent No. 2, the respondent No. 1--bank opened on overdraft account in the name of respondent 2. In the promissory note, the appellant...

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Karpagathachi & Ors Vs. Nagarathinathachi [1965] INSC 62 (10 March 1965)

Judgement Date : 10 Mar 1965

Citation : 1965 Latest Caselaw 62 SC

Transfer of Property Act, 1882

Headnote :

Two co-widows divided their husband's property and each entered into separate possession of her share. on the death of one of the widows her daughter the respondent took possession of her mother's share. The appellant the surviving widow filed a suit against the respondent claiming possessio...

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Indra Kumar Karnani Vs. Atul Chandra Patitundi & ANR [1965] INSC 63 (10 March 1965)

Judgement Date : 10 Mar 1965

Citation : 1965 Latest Caselaw 63 SC

Headnote :

Respondent No. 2 was a monthly tenant of 'the appellant on a condition that he would not sublet the premises of any portion thereof Under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 the appellant filed a suit against respondent No. 2 for his eviction on the ground that...

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Vijay Singh Vs. State of Maharashtra [1965] INSC 64 (12 March 1965)

Judgement Date : 12 Mar 1965

Citation : 1965 Latest Caselaw 64 SC

Bombay Prohibition Act, 1949

Headnote :

The appellant, drove a jeep at an excessive speed and dashed against a wall. In the jeep was also a bottle with a label on it as "Tincture Zingeberis". On medical examination the appellant was found to be intoxicated. He was prosecuted under ss. 66(1)(b) and, 85(1)(1), (2) and (3) of the B...

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The Calcutta Tramways Co. Ltd. Vs. The Corporation of Calcutta [1965] INSC 65 (12 March 1965)

Judgement Date : 12 Mar 1965

Citation : 1965 Latest Caselaw 65 SC

Headnote :

By the enactment of Calcutta Tramways Act, 1951, the Government of West Bengal was substituted for the Corporation of Calcutta (Respondent) in various agreements entered into between the predecessors-in-interest of the appellant and the predecessors-in-interest of the respondent, subject to a reserv...

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The Cantonment Board, Ambala Vs. Pyarelal [1965] INSC 66 (12 March 1965)

Judgement Date : 12 Mar 1965

Citation : 1965 Latest Caselaw 66 SC

Cantonment Property Rules, 1925
CrPC Section 435. State Government to act after consultation with Central Government in certain cases
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 439. Special powers of High Court or Court of Session regarding bail

Headnote :

In 1954, the words "rent on land or buildings" were added to s. 250 of the Cantonments Act, 1924. After the amendment, the appellant (Cantonment Board), applied under the section to the concerned Magistrate, for realisation of arrears of rent from the respondent, on the basis of a lease in...

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Narayandas Shreeram Somani Vs. The Sangli Bank Ltd. [1965] INSC 67 (15 March 1965)

Judgement Date : 15 Mar 1965

Citation : 1965 Latest Caselaw 67 SC

Section 50. Performance in manner or at time prescribed or sanctioned by promise

Headnote :

The respondent-Bank was unable to carry on business after it was promoted, in view of s. 277(1) of the Companies Act, 1913, because 'its subscribed capital was less than half the authorised capital. In order to comply with the requirements of the section, the directors decided that they or their...

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Sheikh Gulfan & Ors Vs. Sanat Kumar Ganguli [1965] INSC 68 (15 March 1965)

Judgement Date : 15 Mar 1965

Citation : 1965 Latest Caselaw 68 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants were thika tenants under the respondent in respect of the suit land. Under the Calcutta Improvement Trust Act, 1911, a scheme had been framed for improvement of an area within which the suit land was situate and the suit land was shown among the properties, in regard to which betterme...

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Workmen of M/S Dharampal Premchand (Saughandhi) Vs. M/S. Dharampal Premchand (Saughandhi) [1965] INSC 69 (16 March 1965)

Judgement Date : 16 Mar 1965

Citation : 1965 Latest Caselaw 69 SC

Headnote :

Out of 45 employees of the respondent, 18 had become members of a Trade Union. Later, these 18 employees were dismissed by an order passed on the same day. The Union took up the cause and ultimately the dispute was referred to the Tribunal, where the respondent raised the preliminary objection that...

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Badri Prasad Vs. State of Madhya Pradesh & ANR [1965] INSC 70 (16 March 1965)

Judgement Date : 16 Mar 1965

Citation : 1965 Latest Caselaw 70 SC

Indian Forest Act, 1927
Indian Forest Act, 1927
Sale of Goods Act, 1930

Headnote :

The 2nd respondent purchased on 24th December 1956, at a public auction sale held by the Divisional Forest Officer, the cut timber of a coupe and paid the first installment of the purchase price immediately. The appellant stood surety for the payment of the remaining three installments. The coupe wa...

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Rai Sahib Dr. Gurdittamal Kapur Vs. Mahant Amar Das Chela Mahant Ram Saran & Ors [1965] INSC 71 (19 March 1965)

Judgement Date : 19 Mar 1965

Citation : 1965 Latest Caselaw 71 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant was the owner of the suit land. Alleging that the 2nd respondent, who was the Mahant of an Akhara, was the occupancy tenant and that he had allowed his lessee to dig it up and rendered it unfit for cultivation, the appellant evicted the 2nd respondent from a part of the land in 1940, a...

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The Tata Iron and Steel Co. Ltd. Vs. D. R. Singh [1965] INSC 72 (19 March 1965)

Judgement Date : 19 Mar 1965

Citation : 1965 Latest Caselaw 72 SC

Industrial Disputes Act, 1947

Headnote :

Because certain industrial disputes were pending before the Industrial Tribunal at the relevant time between the appellant and its employees, the appellant filed an application under s. 33(2), (b) asking for approval of action which it proposed to take against its employee the respondent. The appell...

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Her Highness Maharani Mandalsa Devi & Ors Vs. M. Ramnarain (P) Ltd. & Ors [1965] INSC 73 (19 March 1965)

Judgement Date : 19 Mar 1965

Citation : 1965 Latest Caselaw 73 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Under Order 30 of the Code of Civil Procedure the respondent No. 1 a firm sued another firm of which the appellants and a Ruler of a former Indian State were partners. The consent of the Central Government to the institution of the suit under s. 87-B of the Code of Civil Procedure was not obtained....

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Tata Iron and Steel Co. Ltd. Vs. S. N. Modak [1965] INSC 74 (19 March 1965)

Judgement Date : 19 Mar 1965

Citation : 1965 Latest Caselaw 74 SC

Industrial Disputes Act, 1947

Headnote :

The appellant applied under s. 33(21)(b) of the Industrial Disputes Act, 1947 to the Industrial Tribunal for the Tribunal's approval of the order passed by the appellant discharging its employee -the respondent. This application was made because certain industrial disputes were pending between t...

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State of Rajasthan Vs. Hari Shankar Rajendra Pal [1965] INSC 75 (19 March 1965)

Judgement Date : 19 Mar 1965

Citation : 1965 Latest Caselaw 75 SC

Headnote :

The respondent who had as a result of auction obtained a mining lease from the appellant--State, applied for extension of the lease period in view of the mandatory nature of the main provision of rule 30 and simultaneously also applied for renewal of the lease in accordance with the provisions of th...

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Calcutta Dock Labour Board Vs. Jaffar Imam & Ors [1965] INSC 76 (22 March 1965)

Judgement Date : 22 Mar 1965

Citation : 1965 Latest Caselaw 76 SC

Dock Workers (Regulation of Employment) Act, 1948
Preventive Detention Act, 1950

Headnote :

The respondents had been detained under the Preventive Detention Act. On their release their employer-the appellant-Board, commenced disciplinary proceedings and issued show cause notices why their services should not be terminated on the principal ground that they had been detained for acts prejudi...

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Employers In Relation to Digwadih Colliery Vs. Their Workmen [1965] INSC 77 (22 March 1965)

Judgement Date : 22 Mar 1965

Citation : 1965 Latest Caselaw 77 SC

Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

Headnote :

A badli workman worked as the appellant's employee for more than 240 days, with interruptions in each of the calendar years 1959 and 1960. He was retrenched in 1961. An industrial dispute having arisen, it was referred to the Tribunal, which held, that the appellant was not justified in terminat...

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Commissioner of Income-Tax, West Bengal, Calcutta Vs. Gungadhar Banerjee and Co. (P) Ltd. [1965] INSC 78 (22 March 1965)

Judgement Date : 22 Mar 1965

Citation : 1965 Latest Caselaw 78 SC

Headnote :

As the dividend declared to be distributed by the respondent company at its General Body Meeting was below 60 per cent of the profits available for distribution, the Income-Tax Officer, with the previous approval of the Inspecting Assistant Commissioner, passed an order under s. 23-A of the Incom...

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State of Maharashtra Vs. Mohanlal Devichand Shah [1965] INSC 79 (23 March 1965)

Judgement Date : 23 Mar 1965

Citation : 1965 Latest Caselaw 79 SC

Government of India Act, 1935
Mines Act, 1952
Minimum Wages (Central) Rules, 1950
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Labour Inspector, appointed under the Minimum Wages Act, 1948 filed two complaints before the Judicial Magistrate alleging that the respondent, doing quarrying operation work, had contravened certain provisions of the Minimum Wages (Control) Rules, 1950. The respondent, inter alia, submitted tha...

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Mohammad Safi Vs. The State of West Bengal [1965] INSC 80 (25 March 1965)

Judgement Date : 25 Mar 1965

Citation : 1965 Latest Caselaw 80 SC

CrPC Section 342. Power to order court
CrPC Section 403. Option of court to hear parties
Indian Penal Code, 1860 (IPC)
West Bengal Criminal Law Amendment (Special Courts) Act, 1949

Headnote :

A charge sheet was filed in the Special Court constituted under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, against the appellant for an offence under s. 409, I.P.C. After the examination of the prosecution witnesses a charge was framed. Thereafter, the prosecution witnesses w...

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Bharat Kala Bhandar Ltd. Vs. Municipal Committee, Dhamangaon [1965] INSC 81 (26 March 1965)

Judgement Date : 26 Mar 1965

Citation : 1965 Latest Caselaw 81 SC

Bombay Abkari Act, 1878
Code of Civil Procedure, 1908 (CPC)
Government of India Act, 1935
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

The appellant was paying a tax at the rate of one anna per--unit weight of cotton, under s. 66(1)(b) of the Central Provinces Municipalities Act. 1922, from 1936. In all 1941 the rate of tax was increased to 4 as. In 1952, the appellant filed a suit for recovery of the excess,tax paid within 3 years...

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Commissioner of Income-Tax, Madhya Pradesh,Nagpur Vs. Seth Govindram Sugar Mills Ltd. [1965] INSC 82 (26 March 1965)

Judgement Date : 26 Mar 1965

Citation : 1965 Latest Caselaw 82 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

A joint Hindu family consisting of two branches owned a sugar mill. After partition, the two kartas entered into a partnership in 1943, to carry on the business of the sugar mill. The two partners represented the respective joint families, and the partnership deed provided that the death of any of t...

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Life Insurance Corporation of India Vs. Crown Life Insurance Co [1965] INSC 83 (26 March 1965)

Judgement Date : 26 Mar 1965

Citation : 1965 Latest Caselaw 83 SC

Insurance Act, 1938
Life Insurance Corporation Act, 1956

Headnote :

Under s. 10(2) of the Insurance Act, 1938, where an insurer carries on the business of life insurance, all receipts due in respect of such business shall be carried to and form a separate fund called the life insurance fund. Section 11 (c) provides for keeping a revenue account in Form D of the Thir...

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Alapati Venkataramiah Vs. Commissioner of Income Tax Hyderabad [1965] INSC 84 (29 March 1965)

Judgement Date : 29 Mar 1965

Citation : 1965 Latest Caselaw 84 SC

Section 53A. TPA Part performance.

Headnote :

On 17th March 1948, the assessee entered into an agreement to sell his factory to a company, and on the very same day possession of all the assets of the factory was handed over to the company. A few days later an entry was made in the company's account showing that a sum of Rs. 2,00,000/- had b...

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Nirmala Bala Ghose & ANR Vs. Balai Chand Ghose & Ors [1965] INSC 85 (29 March 1965)

Judgement Date : 29 Mar 1965

Citation : 1965 Latest Caselaw 85 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

HELD: (i) The question whether a deed of dedication creates an abosulte or partial dedication must be settled by a conspectus of all the provisions of the deed. If the property is wholly dedicated to the worship of the idol and no beneficial interest is reserved to the settlor, his descendants or ot...

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Dwarkanath, Hindu Undivided Family Vs. Income-Tax Officer, Special Circle, Kanpur [1965] INSC 86 (29 March 1965)

Judgement Date : 29 Mar 1965

Citation : 1965 Latest Caselaw 86 SC

Headnote :

Pursuant to the directions of the Income-tax Appellate Tribunal, the Income-tax Officer, determined the assessee's capital gains under s. 12B of the Income-tax Act, 1922. He did not, however, make any order under s. 23(3) of the Act, nor did he issue a notice of demand under s. 29 of the Act....

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Workmen of Motipur Sugar Factory (Private) Limited Vs. Motipur Sugar Factory [1965] INSC 87 (30 March 1965)

Judgement Date : 30 Mar 1965

Citation : 1965 Latest Caselaw 87 SC

Industrial Disputes Act, 1947

Headnote :

The workers of the respondent started a go-slow in its sugar factory. Therefore, the respondent issued a general notice to those workmen and individually to each workman notifying that unless he recorded his willingness to discharge his duties faithfully and diligently so as to give a certain minimu...

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Dr. G.H. Grant Vs. State of Bihar [1965] INSC 88 (30 March 1965)

Judgement Date : 30 Mar 1965

Citation : 1965 Latest Caselaw 88 SC

Bihar Land Reforms Act, 1950
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant owned certain lands in the State of Bihar in respect of which proceedings under the Land Acquisition Act were started. Under s. 11 of the Act the Collector fixed the area of the land to be acquired and the compensation payable, and also apportioned the compensation between the appellan...

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Commissioner of Income Tax Vs. Mugneeram Bangur & Co [1965] INSC 89 (31 March 1965)

Judgement Date : 31 Mar 1965

Citation : 1965 Latest Caselaw 89 SC

Headnote :

The business of the assessee firm, carrying on land development business was sold as a going concern to a company promoted by the assessee s partners. The purchase price included sums for the value of land, goodwill, etc. The amount shown as the value of the goodwill v:as sought to be assessed to...

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Janki Ram Bahadur Ram Vs. Commissioner of Income Tax, Calcutta [1965] INSC 90 (31 March 1965)

Judgement Date : 31 Mar 1965

Citation : 1965 Latest Caselaw 90 SC

Headnote :

The assessee who was dealing in iron scrap and hardware had purchased a jute press and sold it at a profit. The Income- tax Officer brought to tax in the hands of the assessee, the profit arising out of this sale. The Appellate Tribunal modified the order and reduced the total income. At the instanc...

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