Caselaw | Supreme Court Judgements of october 1965

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The State of Mysore Vs. Padmanabhacharya [1965] INSC 196 (5 October 1965)

Judgement Date : 05 Oct 1965

Citation : 1965 Latest Caselaw 196 SC

Headnote :

The first respondent approached the second respondent, following a prior arrangement, with a significant amount of money to buy gold that they both knew was smuggled and had been imported into India in violation of gold import restrictions. The police intervened, seized the gold, and arrested them....

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M/S. Anwar Khan Mehboob & Co. Vs. State of Madhya Pradesh & Ors [1965] INSC 197 (6 October 1965)

Judgement Date : 06 Oct 1965

Citation : 1965 Latest Caselaw 197 SC

Constitution of India
Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964

Headnote :

The petitioner firm had secured the right from the owner of an estate in Madhya Pradesh to harvest and transport tendu leaves from trees in specific villages. This right was granted for a duration of twenty-five years, from 1948 to 1973.In 1950, the Madhya Pradesh Abolition of Proprietary Rights (Es...

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Union of India Vs. Sukumar Pyne [1965] INSC 198 (6 October 1965)

Judgement Date : 06 Oct 1965

Citation : 1965 Latest Caselaw 198 SC

Headnote :

In 1954, some foreign currency and Travelers Cheques were found at the respondent\'s premises. The Foreign Exchange Regulation Act was amended by Act 39 of 1957, which replaced section 23(1) and added section 23D. Following this amendment, either adjudication or criminal proceedings could be initiat...

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Hari Krishna Bhargav Vs. Union of India & ANR [1965] INSC 199 (6 October 1965)

Judgement Date : 06 Oct 1965

Citation : 1965 Latest Caselaw 199 SC

Compulsory Deposit Scheme Act, 1963
Constitution of India

Headnote :

The introduction of Chapter XXII-A in the Indian Income-tax Act of 1961 established an annuity deposit scheme that mandates certain high-income taxpayers to deposit specified amounts based on their adjusted total income with the Central Government. These deposits are refundable with interest in annu...

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M/S. Indian Chemical & Pharmaceutical Works Vs. State of Andhra Pradesh & Ors [1965] INSC 200 (7 October 1965)

Judgement Date : 07 Oct 1965

Citation : 1965 Latest Caselaw 200 SC

Headnote :

The appellant was a drug manufacturer, including chloral hydrate, based in Hyderabad. In 1962, the State of Andhra Pradesh enacted the Andhra Pradesh (Telangana Area) Chloral Hydrate Rules concerning the manufacture, possession, sale, import, export, and transport of chloral hydrate under the Andhra...

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Gulab Rai & ANR Vs. Puniya [1965] INSC 201 (7 October 1965)

Judgement Date : 07 Oct 1965

Citation : 1965 Latest Caselaw 201 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 100. Persons in charge of closed place to allow search
Guardians and Wards Act, 1890
Part B States (Laws) Act, 1951
Rajasthan High Court Ordinance 1949

Headnote :

The application made by the respondent for custody of their daughter under section 25 of the Guardians and Wards Act was denied by the Civil Judge. However, this decision was overturned on appeal by a single Judge of the Rajasthan High Court. The appellants then filed an appeal to the Division Bench...

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State of Kerala & Ors Vs. Bhavani Tea Produce Co. Ltd. [1965] INSC 202 (7 October 1965)

Judgement Date : 07 Oct 1965

Citation : 1965 Latest Caselaw 202 SC

Coffee Act, 1942

Headnote :

According to Section 3 of the Madras Plantations Agricultural Income-tax Act, 1955 (which has been extended to Kerala State), income tax is assessed annually based on the income of the previous year. The first assessment under this Act could be for the financial year 1955-56, meaning that any income...

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Laliteshwar Prasad Sahi Vs. Bateshwar Prasad & Ors [1965] INSC 203 (7 October 1965)

Judgement Date : 07 Oct 1965

Citation : 1965 Latest Caselaw 203 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Representation of the People Act, 1951

Headnote :

The appellant filed an election petition contesting the respondent\'s election to the Bihar Legislative Assembly, primarily arguing that the respondent was disqualified under section 7(d) of the Representation of the People Act, 1951, due to a contract with the State Government that was active on Ja...

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State of Madhya Pradesh & ANR Vs. Lal Bhargavendra Singh [1965] INSC 204 (7 October 1965)

Judgement Date : 07 Oct 1965

Citation : 1965 Latest Caselaw 204 SC

Constitution of India

Headnote :

On March 7, 1948, the ruler of a former Indian state, fulfilling his moral duty and out of generosity, issued an order to provide an allowance to his brother, the respondent in this case. He instructed the Chief Minister to take specific actions, and the various components of the order were distribu...

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State of Madhya Pradesh & ANR Vs. Col. Lal Rampal Singh [1965] INSC 205 (7 October 1965)

Judgement Date : 07 Oct 1965

Citation : 1965 Latest Caselaw 205 SC

Headnote :

The respondent served in various capacities within the Government of the former Rewa State. On April 3, 1948, the Ruler permitted him to retire with a full pension of Rs. 350 per month as a special case, and also condoned any interruptions in his service. Subsequently, the State of Rewa merged with...

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Ratan Lal Vs. The State of Maharashtra [1965] INSC 206 (8 October 1965)

Judgement Date : 08 Oct 1965

Citation : 1965 Latest Caselaw 206 SC

Bombay Prohibition Act, 1949

Headnote :

The appellant was found guilty under section 66(1)(b) of the Bombay Prohibition Act, 1949, for possessing bottles of two distinct Ayurvedic medicinal preparations containing 52.3% and 54.5% alcohol, respectively, on September 21, 1960. The appellant argued that his possession of these preparations d...

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State of Maharashtra Vs. Ministerial Service Association [1965] INSC 207 (8 October 1965)

Judgement Date : 08 Oct 1965

Citation : 1965 Latest Caselaw 207 SC

States Reorganisation Act, 1956

Headnote :

According to the authority granted by section 115 of the States Reorganisation Act, 1956, in conjunction with Article 309 of the Constitution, the Allocated Government Servants (Absorption etc.) Rules were established by the Government of the newly formed State of Bombay. In October 1960, the Govern...

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Kumaon Motor Union Owners Ltd. & ANR Vs. The State of Uttar Pradesh [1965] INSC 208 (8 October 1965)

Judgement Date : 08 Oct 1965

Citation : 1965 Latest Caselaw 208 SC

Motor Vehicles Act, 1939

Headnote :

The respondent-State issued a notification under Rule 131(2)(gg) and (i) of the Defence of India Rules, 1962, instructing the cessation of all vehicles owned by members of the appellant-union from operating on a specific route in the border region of the country. The appellants subsequently filed wr...

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Godde Venkateswara Rao Vs. Government of Andhra Pradesh & Ors [1965] INSC 209 (11 October 1965)

Judgement Date : 11 Oct 1965

Citation : 1965 Latest Caselaw 209 SC

Constitution of India

Headnote :

To enhance rural welfare, the respondent issued administrative directives to divide districts into Blocks and to establish Block Planning and Development Committees. Following these directives, a primary health center was inaugurated in a village in November 1958, as per the resolution of the Block...

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Bishambar Nath Kohli & Ors Vs. State of Uttar Pradesh & Ors [1965] INSC 210 (11 October 1965)

Judgement Date : 11 Oct 1965

Citation : 1965 Latest Caselaw 210 SC

Administration of Evacuee Property Act, 1950
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
General Clauses Act, 1897

Indira Sohanlal Vs. Custodian of Evacuee Property, Delhi & Ors [1955] INSC 57 (28 October 1955)

Headnote :

According to Section 6 of Ordinance 12 of 1949, the Deputy Custodian of Evacuee designated certain properties as evacuee property in October 1949. No claims were made in response to this notification, and the Central Government subsequently acquired the property under the Displaced Persons (Compensa...

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Chairman Madappa Vs. M. N. Mahanthadevaru & Ors [1965] INSC 211 (11 October 1965)

Judgement Date : 11 Oct 1965

Citation : 1965 Latest Caselaw 211 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In a case filed under section 92 of the Code of Civil Procedure, a decree was issued establishing a scheme for a muth. According to paragraph (11) of the scheme, two individuals were appointed as joint managers, and paragraph (12) allowed them to seek directions from the District Court whenever nece...

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Singareni Collieries Co. Ltd. Vs. State of Andhra Pradesh & Ors [1965] INSC 212 (12 October 1965)

Judgement Date : 12 Oct 1965

Citation : 1965 Latest Caselaw 212 SC

Central Sales Tax Act, 1956
Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

The appellant company was engaged in the business of mining coal from its collieries and supplying it to consumers both within and outside the State. During sales tax assessment proceedings, the company argued that it should not be liable for sales tax under the Hyderabad General Sales Tax Act, 1950...

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Venkatesh Narahar Kattl Vs. Haji Saheb Khadir Saheb Mulla & ANR [1965] INSC 213 (13 October 1965)

Judgement Date : 13 Oct 1965

Citation : 1965 Latest Caselaw 213 SC

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

Headnote :

On December 8, 1956, the appellant issued a three-month written notice to the respondent under section 14(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, terminating the tenancy due to non-payment of rent. On June 24, 1957, the appellant submitted an application for possession under se...

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R. Jeevaratnam Vs. The State of Madras [1965] INSC 214 (13 October 1965)

Judgement Date : 13 Oct 1965

Citation : 1965 Latest Caselaw 214 SC

Headnote :

Disciplinary proceedings were initiated against the appellant, a Deputy Tahsildar, along with three of his subordinates, on allegations of accepting bribes. On May 20, 1949, he was suspended and relieved of his duties. The Disciplinary Proceedings Tribunal ordered that the inquiries against the appe...

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Yenumula Mallu Dora Vs. Peruri Seetharatnam & Ors [1965] INSC 215 (14 October 1965)

Judgement Date : 14 Oct 1965

Citation : 1965 Latest Caselaw 215 SC

Code of Civil Procedure, 1908 (CPC)
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920

Headnote :

Upon the request of two creditors (the respondents in this appeal), the appellant was declared bankrupt by the Subordinate Judge in Kakinada, leading to a receiving order against him. This declaration was based on one of the three alleged acts of insolvency presented in the application, specifically...

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Punjab Sikh Regular Motor Service Moudhapara Vs. The Regional Transport Authority, Raipur & ANR [1965] INSC 216 (15 October 1965)

Judgement Date : 15 Oct 1965

Citation : 1965 Latest Caselaw 216 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The Regional Transport Authority in Bilaspur approved the appellant\'s request for the renewal of a stage carriage permit for an interregional route. Subsequently, the appellant sought the renewal of the counter-signature on this renewed permit from the Regional Transport Authority in Raipur, which...

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K. S. Venkataraman & Co. Vs. State of Madras [1965] INSC 217 (18 October 1965)

Judgement Date : 18 Oct 1965

Citation : 1965 Latest Caselaw 217 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The appellant company operated as building contractors. From the years 1948-49 to 1952-53, the company was assessed for sales tax based on the classification of their contracts as \"works contracts.\" On April 5, 1954, the High Court ruled that the relevant section of the Madras General Sales Tax Ac...

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Bhagwati Prasad Vs. Shri Chandramaul [1965] INSC 218 (19 October 1965)

Judgement Date : 19 Oct 1965

Citation : 1965 Latest Caselaw 218 SC

Headnote :

The respondent initiated a lawsuit claiming ownership of a house that was rented to the appellant, seeking a court order for the appellant\'s eviction, overdue rent, and future profits from the property. The appellant acknowledged that the land on which the house was built belonged to the respondent...

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State of Bombay Vs. M/S. Jagmohandas & ANR [1965] INSC 219 (19 October 1965)

Judgement Date : 19 Oct 1965

Citation : 1965 Latest Caselaw 219 SC

Headnote :

The plaintiffs initiated a lawsuit to recover advance sales tax they had paid for goods sold outside the State, which they argued was protected under Article 286(1)(a) of the Constitution prior to its amendment by the Sixth Amendment Act. Although the sales tax authorities had not issued any assessm...

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Mongibai Hariram Vs. State of Maharashtra & ANR [1965] INSC 220 (25 October 1965)

Judgement Date : 25 Oct 1965

Citation : 1965 Latest Caselaw 220 SC

Bombay Land Requisition Act, 1948
Bombay Land Requisition Act, 1948
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Headnote :

P, a tenant in a building owned by a trust managed by the appellants, vacated the room without notifying the appellants and allowed K to occupy it. The appellants did not recognize K as a tenant, and no rent was paid since January 1, 1956. The appellants issued a notice to quit to P and subsequently...

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Commissioner of Wealth Tax (Central) Calcutta Vs. M/S. Standard Vacuum Oil Co. Ltd. [1965] INSC 221 (25 October 1965)

Judgement Date : 25 Oct 1965

Citation : 1965 Latest Caselaw 221 SC

Headnote :

Demands for tax payment under section 18A of the Income Tax Act were issued against the respondent for two years, with the final installment for each year remaining unpaid on the respective valuation dates as defined in section (q) of the Wealth Tax Act, 1957. The respondent argued that the tax arre...

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Commissioner of Income-Tax, Andhra Pradesh Vs. H. E. H. Mir Osman Ali Khan [1965] INSC 222 (25 October 1965)

Judgement Date : 25 Oct 1965

Citation : 1965 Latest Caselaw 222 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
General Clauses Act, 1897
Government of India Act, 1935

Headnote :

In relation to the assessments conducted on the Nizam of Hyderabad for the fiscal years 1950-51 and 1951-52, the High Court faced the following questions in a reference under section 66(1) of the Income-tax Act of 1922: (i) Considering the Covenant dated January 25, 1950, made by the assessee with t...

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Commissioner of Income-Tax, Calcutta Vs. M/S. Moon Mills Ltd. [1965] INSC 223 (26 October 1965)

Judgement Date : 26 Oct 1965

Citation : 1965 Latest Caselaw 223 SC

Headnote :

Due to a fire that destroyed its inventory, machinery, and buildings, the assessee received Rs. 65 lakhs from the Insurance Company as full settlement of its claim. Although the Insurance Company accepted the claim on December 13, 1948, the payment was made only on March 27, 1950. Of this amount, Rs...

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H.E.H. Nizam's Religious Endowment Trust Hyderabad Vs. Commissioner of Income-Tax, Andhra Pradesh, Hyderabad [1965] INSC 224 (26 October 1965)

Judgement Date : 26 Oct 1965

Citation : 1965 Latest Caselaw 224 SC

Headnote :

A trust was established for four religious and charitable purposes, with two of these purposes located within taxable territories and the other two outside of them. The income generated from the trust property was not designated or reserved for these purposes. Consequently, the Trustees were assesse...

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Purshotam H. Jadye & Ors Vs. V. B. Potdar [1965] INSC 225 (26 October 1965)

Judgement Date : 26 Oct 1965

Citation : 1965 Latest Caselaw 225 SC

Business Profits Tax Act, 1947

Headnote :

The assessee company was established in Delaware, USA, with the purpose of acquiring the assets of two other American firms in exchange for shares in the assessee company. Upon acquisition, despite the differing book values of the assets from each transferor company, both were issued an equal number...

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The Cachar Chah Sramik Union Silchar, Assam Vs. The Management of The Tea Estate of Cachar, Assam [1965] INSC 226 (26 October 1965)

Judgement Date : 26 Oct 1965

Citation : 1965 Latest Caselaw 226 SC

Headnote :

Following the recommendations of a Committee established to address the concerns raised by Tea Producers in the Cachar District regarding the industry\'s challenges due to a significant drop in prices, a notification was released stating that foodstuffs would not be provided at reduced rates and no...

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Management Utkal Machinery Ltd. Vs. Workmen, Miss Shanti Patnaik [1965] INSC 227 (27 October 1965)

Judgement Date : 27 Oct 1965

Citation : 1965 Latest Caselaw 227 SC

Headnote :

The respondent began working for the appellants on December 9, 1961, with a monthly salary of Rs. 400. On April 30, 1962, she received a notice terminating her employment. In response, she initiated an industrial dispute, which the Government of Orissa referred to the Industrial Tribunal. The respon...

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A.K. Gopalan Vs. The Government of India [1965] INSC 228 (27 October 1965)

Judgement Date : 27 Oct 1965

Citation : 1965 Latest Caselaw 228 SC

Headnote :

During a period when the State of Kerala was under the governance of a Proclamation issued under Article 356 by the President through the Governor, the petitioners, who were members of the Left Communist Party along with 140 others, were ordered to be detained under Rule 30(1)(b) of the Defence of I...

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K. Anandan Nambiar & ANR Vs. Chief Secretary, Government of Madras & Ors [1965] INSC 229 (27 October 1965)

Judgement Date : 27 Oct 1965

Citation : 1965 Latest Caselaw 229 SC

Constitution of India
Defence of India Act, 1962
Preventive Detention Act, 1950
Representation of the People Act, 1951

Headnote :

The petitioners, who were members of Parliament, were detained by the State Government under rule 30(1)(b) of the Defence of India Rules, 1962. They contested the legality of their detention orders on two main grounds: (i) that rule 30(1)(b) was invalid because a legislator cannot be detained in a m...

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State of Orissa Vs. Shyam Sundar Patnaik [1965] INSC 230 (27 October 1965)

Judgement Date : 27 Oct 1965

Citation : 1965 Latest Caselaw 230 SC

Headnote :

The respondent represented a joint Hindu family that included himself, his brother, and the two sons of his father\'s brother. This joint family owned agricultural land, as well as cows and buffaloes. According to section 10 of the Orissa Agricultural Income Tax Act, 1947, the income of a joint Hind...

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Shri Chatrasinghji Kesari Singhji Thakore Vs. Commissioner of Income-Tax, Bombay [1965] INSC 231 (28 October 1965)

Judgement Date : 28 Oct 1965

Citation : 1965 Latest Caselaw 231 SC

Headnote :

The appellant leased certain mines to a Syndicate in exchange for rents and royalties. According to clause 1 of Part VII of the lease agreement, the Syndicate was also obligated to pay all public dues related to the mines as required by the State Government or local authorities, excluding land reven...

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