Caselaw | Supreme Court Judgements of february 1966

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Maqbool Alam Khan Vs. Mst. Khodaija & Ors [1966] INSC 29 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 29 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Maharaja of Dumraon initiated a rent lawsuit against several co-sharers of certain lands under his tenure, which were subsequently sold at an execution sale to an individual named L.N, the widow of one of the original co-sharers, filed a title suit (No. 127 of 1939) claiming that her share in th...

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S. Rama Iyer Vs. Sundarasa Ponnapoondar [1966] INSC 30 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 30 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent, who claimed to be the cultivating tenant of the appellant, submitted an application to the Revenue Court under section 3(3) of the Madras Cultivating Tenants Protection Act, 1955. He sought a declaration that the amount he had deposited in court was the correct rent owed to the appel...

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Smt. Shyam Kishori Devi Vs. Patna Municipal Corporation & ANR [1966] INSC 31 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 31 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Following the dissolution of the Patna Municipality, the State Government issued a notification appointing a Municipal officer to carry out the responsibilities and powers of the Commissioner as outlined in section 107 of the Bihar and Orissa Municipal Act, 1922. According to section 117, any applic...

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State of Uttar Pradesh Vs. R. B. Agarwal [1966] INSC 32 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 32 SC

Constitution of India
CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

If a defendant is found guilty by the trial court and subsequently has that conviction overturned by the High Court on appeal, the State has the right to request a certificate from the High Court under Article 134(1)(c). Such a request cannot be dismissed outright on the grounds of incompetence; it...

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Surendra Nath Bibra Vs. Stephen Court Ltd. [1966] INSC 33 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 33 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant entered into a 21-year lease for a flat owned by the respondent, which included 3 bedrooms, at a monthly rent of Rs. 350. However, since the respondent only provided access to 2 bedrooms, the appellant decided to stop paying rent entirely. In response, the respondent initiated a lawsui...

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Pandit Sri Chand & Ors Vs. M/S. Jagdish Parshad Kishan Chand [1966] INSC 34 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 34 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The first respondent initiated a lawsuit against the second respondent to recover money. Following a court order that required the second respondent to provide security for the potential satisfaction of any decree against him, three appellants, along with two others, acted as sureties, agreeing to b...

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Yelamanchili Siva Panchakshamma Godavaru Vs. Yalamanchili Cheva Abhayi & Ors [1966] INSC 35 (4 February 1966)

Judgement Date : 04 Feb 1966

Citation : 1966 Latest Caselaw 35 SC

Headnote :

The respondent submitted a plaint seeking ownership of the properties listed in Schedules A and B, asserting that he was adopted by the appellant, the widow of L. In addition to the adoption claim, the respondent argued that he was named as persona designata in L\'s will. The pertinent excerpt from...

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General Assurance Society Ltd. Vs. Chandumull Jain & ANR [1966] INSC 36 (7 February 1966)

Judgement Date : 07 Feb 1966

Citation : 1966 Latest Caselaw 36 SC

Headnote :

The appellant Society issued letters of acceptance for the proposals and cover notes, claiming to insure certain houses owned by the respondents against damages from fire, flood, and other risks. The cover notes indicated that the insurance was subject to the \'usual conditions of the Society\'s pol...

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Shri Ram Prasad (Deceased) By His Legal Representative Vs. The State of Punjab [1966] INSC 37 (7 February 1966)

Judgement Date : 07 Feb 1966

Citation : 1966 Latest Caselaw 37 SC

Constitution of India
States Reorganisation Act, 1956

Headnote :

On March 4, 1953, the President of India took control of the Government of PEPSU, which included Patiala, under Article 356 of the Constitution. Subsequently, on February 27, 1954, utilizing the powers granted by the Proclamation, the President issued the Bank of Patiala Regulation and Management Or...

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Baban Singh & ANR Vs. Jagdish Singh & Ors [1966] INSC 38 (8 February 1966)

Judgement Date : 08 Feb 1966

Citation : 1966 Latest Caselaw 38 SC

CrPC Section 476. Forms
Indian Penal Code, 1860 (IPC)
IPC Section 191. Giving false evidence
IPC Section 192. Fabricating false evidence
IPC Section 193. Punishment for false evidence
IPC Section 199. False statement made in declaration which is by law receivable as evidence

Headnote :

The appellants submitted affidavits in the High Court, claiming they had not received any money as part of a compromise in a first appeal that was ongoing in that Court. In response, the High Court directed the Registrar to conduct an inquiry. After gathering evidence from both parties, the Registra...

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Ranjit Singh Vs. Pritam Singh & Ors [1966] INSC 39 (8 February 1966)

Judgement Date : 08 Feb 1966

Citation : 1966 Latest Caselaw 39 SC

Representation of the People Act, 1950

Headnote :

The appellant\'s election to Parliament was contested by the first respondent on the basis that the returning officer had improperly rejected the nomination papers of the third candidate, W, which significantly influenced the election outcome. We submitted three nomination papers, but only one inclu...

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Sitaram Motilal Kalal Vs. Santanuprasad Jaishankar Bhatt [1966] INSC 40 (8 February 1966)

Judgement Date : 08 Feb 1966

Citation : 1966 Latest Caselaw 40 SC

Headnote :

The vehicle\'s owner entrusted it to A for use as a taxi. A operated the taxi, collected fares, covered expenses, and provided the remaining balance along with accounts to the owner. B, who cleaned the taxi, was either employed by the owner or by A on the owner\'s behalf. It appears that A, seeking...

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Ram Chander Prasad Sharma Vs. State of Bihar & ANR [1966] INSC 41 (8 February 1966)

Judgement Date : 08 Feb 1966

Citation : 1966 Latest Caselaw 41 SC

CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)

Headnote :

The appellants\' mill received electric power from the Patna Electricity Supply Company. The electric meter was manipulated by breaking its seals, opening its stud, and inserting a wire that halted the rotation of the disc, thereby preventing accurate measurement of electricity consumption. This con...

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State of Madhya Pradesh & Ors Vs. Vishnu Prasad Sharma & Ors [1966] INSC 42 (9 February 1966)

Judgement Date : 09 Feb 1966

Citation : 1966 Latest Caselaw 42 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Following the issuance of a notification under section 4(1) of the Land Acquisition Act, 1894, which indicated that lands in certain villages might be required for a public purpose, several notifications regarding different parcels of land mentioned in the section 4(1) notification were subsequently...

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Kishanchand Lunidasingh Bajaj Vs. Commissioner of Income-Tax, Mysore [1966] INSC 43 (10 February 1966)

Judgement Date : 10 Feb 1966

Citation : 1966 Latest Caselaw 43 SC

Headnote :

B and his sons formed a Hindu undivided family that held shares in various public limited companies. The family engaged in money lending under a firm name, and in the firm\'s accounting records, the shares registered in B\'s name were recorded as the business\'s capital. When two sons separated from...

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G. Sadanandan Vs. State of Kerala & ANR [1966] INSC 44 (11 February 1966)

Judgement Date : 11 Feb 1966

Citation : 1966 Latest Caselaw 44 SC

Constitution of India

Headnote :

The petitioner was a wholesale kerosene oil dealer in Kerala. The State Government detained him under Rule 30(1)(b) of the Defence of India Rules, 1962, claiming he was likely to act in a way that would harm the maintenance of essential supplies and services for the community. He challenged his dete...

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State of Kerala Vs. Ramaswami Iyer & Sons [1966] INSC 45 (11 February 1966)

Judgement Date : 11 Feb 1966

Citation : 1966 Latest Caselaw 45 SC

Headnote :

The respondent paid a portion of sales tax that was assessed on the amount collected from its customers as sales tax, which was included in its net turnover. The respondent filed a lawsuit seeking a refund of the sales tax charged on the sales tax it collected, arguing that it was not legally owed u...

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Mervyn Coutindo & Ors Vs. Collector of Customs, Bombay & Ors [1966] INSC 46 (14 February 1966)

Judgement Date : 14 Feb 1966

Citation : 1966 Latest Caselaw 46 SC

Constitution of India

Headnote :

The petitioners, who served as Appraisers in the Customs Department, submitted a writ petition under Article 32, contesting the legitimacy of the rotational system used to determine the seniority of Appraisers and Principal Appraisers. According to the relevant departmental circulars, the system dic...

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State of Gujarat Vs. Jaganbhai Bhagwanbhai [1966] INSC 47 (16 February 1966)

Judgement Date : 16 Feb 1966

Citation : 1966 Latest Caselaw 47 SC

Bombay Prevention of Gambling Act, 1887
Bombay Prevention of Gambling Act, 1887

Headnote :

The second defendant sold property that belonged to him and his minor son, the third defendant, and also signed an indemnity bond in favor of the buyer, agreeing to compensate him for any losses that might arise if the sale of the third defendant\'s half share was later annulled. The buyer then sold...

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V. M. Rv. Mr. Ramaswami Chettiar & ANR Vs. R. Muthukrishna Iyer & Ors [1966] INSC 48 (16 February 1966)

Judgement Date : 16 Feb 1966

Citation : 1966 Latest Caselaw 48 SC

Headnote :

The second defendant sold property that belonged to him and his minor son, the third defendant, and also signed an indemnity bond in favor of the buyer, agreeing to compensate him for any losses that might arise if the sale of the third defendant\'s half share was later annulled. The buyer then sold...

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Bank of Baroda Vs. Rajender Pal Soni [1966] INSC 49 (19 February 1966)

Judgement Date : 19 Feb 1966

Citation : 1966 Latest Caselaw 49 SC

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Abdul Waheed Khan Vs. Bhawani & Ors [1966] INSC 50 (21 February 1966)

Judgement Date : 21 Feb 1966

Citation : 1966 Latest Caselaw 50 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, as the khatedar of the disputed land, filed a suit for the eviction of the respondents, claiming they were shikmi tenants. This suit was granted by the Tahsildar under section 71 of the Bhopal State Land Revenue Act, 1932. Within 12 years of their dispossession, the respondents initia...

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Seth Gulabchand Vs. Seth Kudilal & Ors [1966] INSC 51 (22 February 1966)

Judgement Date : 22 Feb 1966

Citation : 1966 Latest Caselaw 51 SC

Indian Evidence Act, 1872
Section 23. What consideration and objects are lawful, and what not

Headnote :

G was one of several partners in a firm that served as Managing Agents and Selling Agents for a company that owned a textile mill in Indore. Significant disputes emerged among the partners, leading the Directors of the managed company to establish a committee in November 1940, which included the app...

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Durgacharan Naik & Ors Vs. State of Orissa [1966] INSC 52 (23 February 1966)

Judgement Date : 23 Feb 1966

Citation : 1966 Latest Caselaw 52 SC

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 199. Prosecution for defamation
Indian Penal Code, 1860 (IPC)
IPC Section 186. Obstructing public servant in discharge of public functions
IPC Section 353. Assault or criminal force to deter public servant from discharge of his duty
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section1. Title and extent of operation of the Code

Sanwat Singh & Ors Vs. State of Rajasthan [1960] INSC 283 (9 December 1960)

Headnote :

The appellants faced charges under sections 143/402, 186, and 353 of the Indian Penal Code for obstructing and assaulting two public servants while they were performing their official duty of executing a Civil Court decree. Although the trial Court acquitted them, the High Court, upon appeal, convic...

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Caltex India Limited Vs. Presiding Officer, Labour Court, & Ors [1966] INSC 53 (23 February 1966)

Judgement Date : 23 Feb 1966

Citation : 1966 Latest Caselaw 53 SC

Headnote :

The appellant company conducted an investigation into the misconduct of two of its permanent employees, resulting in the dismissal of one and the discharge of the other. Both employees filed applications with the Labour Court under section 26 of the Bihar Shops and Establishments Act of 1954. The La...

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Municipal Corporation of Delhi Vs. Subhagwanti & Ors [1966] INSC 54 (24 February 1966)

Judgement Date : 24 Feb 1966

Citation : 1966 Latest Caselaw 54 SC

Fatal Accidents Act, 1855

Headnote :

The respondents, as heirs of three individuals who perished due to the collapse of the Clock Tower in Chandni Chowk, Delhi, which was owned by the appellant-Corporation (formerly the Municipal Committee of Delhi), filed three damage suits. The trial court determined that the Municipal Committee had...

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Lakhan Mahto & Ors Vs. State of Bihar [1966] INSC 55 (24 February 1966)

Judgement Date : 24 Feb 1966

Citation : 1966 Latest Caselaw 55 SC

CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 141. Unlawful assembly
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 302. Punishment for murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The trial court acquitted L, one of the appellants, of the charge under section 302 of the Indian Penal Code (I.P.C.), but convicted him and the other appellants under section 149 I.P.C. and sections 302/149 I.P.C. The State Government did not appeal to the High Court against L\'s acquittal under se...

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Orient Paper Mills Ltd. Vs. Union of India [1966] INSC 56 (25 February 1966)

Judgement Date : 25 Feb 1966

Citation : 1966 Latest Caselaw 56 SC

Headnote :

The appellant sought a refund of a specific amount, claiming it was charged excess excise duty due to being assessed under an incorrect item. However, the excise authorities denied the claim, and the appellant\'s revision application to the respondent was also rejected. In its application for leave...

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Prabhu Vs. Ramdev & Ors [1966] INSC 57 (28 February 1966)

Judgement Date : 28 Feb 1966

Citation : 1966 Latest Caselaw 57 SC

Rajasthan Tenancy Act, 1955

Headnote :

The appellant\'s father established a usufructuary mortgage on the disputed land, and the mortgagee accepted the respondents as tenants. While the mortgage was active and the respondents were in possession as tenants, the Rajasthan Tenancy Act of 1955 was enacted.Although the mortgage was later rede...

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K.S. Abdul Azeez Vs. Ramanathan Chettiar & Ors [1966] INSC 58 (28 February 1966)

Judgement Date : 28 Feb 1966

Citation : 1966 Latest Caselaw 58 SC

Headnote :

The nomination form required for election to the State Assembly included a section where candidates could indicate three symbols in order of preference. One candidate, however, only listed a single symbol that was reserved for a political party and left the remaining spaces blank. The Returning Offi...

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Maharaja Pratap Singh Bahadur Vs. Thakur Manmohan Deo & Ors [1966] INSC 59 (28 February 1966)

Judgement Date : 28 Feb 1966

Citation : 1966 Latest Caselaw 59 SC

Bengal Ghatwali Lands Act, 1859
Bengal Ghatwali Lands Act, 1859
Bengal Ghatwali Lands Regulation, 1814
Bengal Ghatwali Lands Regulation, 1814

Headnote :

A lease in perpetuity concerning certain lands of a ghatwali estate located in what is now West Bengal was granted in 1873 by the predecessors of the appellant for the purpose of constructing residential buildings. This lease was executed on behalf of the Estate, which was managed by the Court of Wa...

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