Caselaw | Supreme Court Judgements of march 1966

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Badku Joti Savant Vs. State of Mysore [1966] INSC 60 (1 March 1966)

Judgement Date : 01 Mar 1966

Citation : 1966 Latest Caselaw 60 SC

Bihar and Orissa Excise Act, 1915
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 202. Postponement of issue of process

Headnote :

The appellant, residing in a village near Goa, was discovered with illegal gold. He faced prosecution under section 167(81) of the Sea Customs Act in conjunction with section 9 of the Land Customs Act (9 of 1924). The trial Magistrate found him guilty, but the Sessions Judge, citing the Calcutta Hig...

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B. N. Nagarajan & Ors Vs. State of Mysore & Ors [1966] INSC 61 (1 March 1966)

Judgement Date : 01 Mar 1966

Citation : 1966 Latest Caselaw 61 SC

Constitution of India

Headnote :

In October 1958, May 1959, and April 1960, the Mysore Public Service Commission issued notifications inviting applications for the recruitment of 80 probationary Assistant Engineers. These notifications outlined the qualifications, salary, age limits, and other eligibility criteria.On March 1, 1960,...

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Cochin Devaswom Board, Trichur Vs. Vamana Shetty & Ors [1966] INSC 62 (2 March 1966)

Judgement Date : 02 Mar 1966

Citation : 1966 Latest Caselaw 62 SC

Constitution of India

Headnote :

In 1910, the Ruler of Cochin issued a Proclamation aimed at improving the administration of Devaswoms. Clause 9 of this Proclamation empowered the Diwan of the State to create Rules to implement its primary objectives. Acting on this authority, the Diwan established rules on March 21, 1910, to regul...

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Kulathil Mammu Vs. The State of Kerala [1966] INSC 63 (2 March 1966)

Judgement Date : 02 Mar 1966

Citation : 1966 Latest Caselaw 63 SC

Citizenship Act, 1955
Constitution of India
Government of India Act, 1935

Smt. Shanno Devi Vs. Mangal Sain [1960] INSC 142 (7 September 1960)
Central Bank of India Vs. Ram Narain [1954] INSC 88 (12 October 1954)

Headnote :

A was born in Kozhikode to Indian citizen parents. In 1948, at the age of 12, he moved to Pakistan. He returned to India briefly in 1954 using a Pakistani passport that identified him as a Pakistani national, and again visited in 1956. After that, there were no records of his whereabouts in Kozhikod...

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Naresh Shridhar Mirajkar & Ors Vs. State of Maharashtra & ANR [1966] INSC 64 (3 March 1966)

Judgement Date : 03 Mar 1966

Citation : 1966 Latest Caselaw 64 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 30. Sentence of imprisonment in default of fine
CrPC Section 352. Certain Judges and Magistrates not to try certain offences when committed before themselves
Hindu Marriage Act, 1955
Indian Penal Code, 1860 (IPC)
IPC Section 143. Punishment
Official Secrets Act, 1923

Headnote :

In a defamation lawsuit against the editor of a weekly newspaper, a witness requested the High Court to prevent the press from publicizing his testimony, citing potential harm to his business. After considering the arguments, the trial judge issued an oral order forbidding the publication of the wit...

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V.D. Jhangan Vs. State of Uttar Pradesh [1966] INSC 65 (3 March 1966)

Judgement Date : 03 Mar 1966

Citation : 1966 Latest Caselaw 65 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, who was an employee of the Ministry of Commerce, faced trial for offenses under section 161 of the Indian Penal Code and section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, based on allegations that he accepted money and some cloth from a trader. He w...

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Himatrao Vs. Jaikishandas & Ors [1966] INSC 66 (4 March 1966)

Judgement Date : 04 Mar 1966

Citation : 1966 Latest Caselaw 66 SC

Headnote :

The appellant\'s lawsuit seeking a partition of his share of the \'home-farm\' land in the Berar region of Madhya Pradesh was partially granted by the trial court. Both parties appealed, and the first appellate court ruled in favor of the appellant. However, the High Court dismissed the suit as moot...

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The State of Mysore Vs. Shanta Veerappa Channa Mallappabommanahalli & Ors [1966] INSC 67 (4 March 1966)

Judgement Date : 04 Mar 1966

Citation : 1966 Latest Caselaw 67 SC

Headnote :

The respondent was assessed for sales tax and received a notice demanding payment within 21 days. He chose to appeal the assessment order but failed to pay the tax or secure a stay of proceedings from the appellate authority. While the appeal was ongoing, a complaint was lodged against him under sec...

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State of Nagaland Vs. Ratan Singh [1966] INSC 68 (9 March 1966)

Judgement Date : 09 Mar 1966

Citation : 1966 Latest Caselaw 68 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 4. Trial of offences under the Indian Penal Code and other laws
Delhi Laws Act, 1912
Government of India Act, 1935
Indian Independence Act, 1947
Indian Penal Code, 1860 (IPC)
Scheduled Districts Act, 1874
State of Nagaland Act, 1962

Headnote :

The respondents were to be tried for offenses under the Indian Penal Code before the Additional Deputy Commissioner in Kohima. However, an objection was raised that the trial should occur in the Court of Session after commitment, as the offenses were exclusively triable by the Court of Session under...

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State of Uttar Pradesh Vs. Akbar Ali Khan [1966] INSC 69 (9 March 1966)

Judgement Date : 09 Mar 1966

Citation : 1966 Latest Caselaw 69 SC

Constitution of India
Gwalior

Headnote :

In April 1951, the respondent, who served as a Naib Tehsildar in the U.P. Civil Service, was selected for a permanent promotion to the position of Tehsildar. Following Rule 12 of the Subordinate Revenue Executive Service (Tehsildars) Rules, 1944, he was placed on a two-year probation. On April 29, 1...

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M/S. Ram Chand and Sons Sugar Mills Pvt. Ltd. Vs. Kanhaya Lal Bhargava & Ors [1966] INSC 70 (10 March 1966)

Judgement Date : 10 Mar 1966

Citation : 1966 Latest Caselaw 70 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The first respondent initiated legal action against the appellant company and an individual named R to recover a monetary amount. The court, under Order XXIX Rule 3 of the Code of Civil Procedure, ordered J, one of the company\'s directors, to appear and respond to specific important questions relat...

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Ghanshiam Das Vs. Devi Prasad & ANR [1966] INSC 71 (11 March 1966)

Judgement Date : 11 Mar 1966

Citation : 1966 Latest Caselaw 71 SC

Headnote :

The respondents owned a brick kiln that they leased to the appellants in 1950. They initiated a lawsuit against the appellants seeking rent for the period from October 1, 1952, to September 30, 1953. The appellants argued in their defense that due to the U.P. Zamindari Abolition and Land Reforms Act...

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M. Padmanabha Setty Vs. K. P. Papiah Setty [1966] INSC 72 (11 March 1966)

Judgement Date : 11 Mar 1966

Citation : 1966 Latest Caselaw 72 SC

Headnote :

The appellant was the tenant and the respondent was the landlord of the disputed non-residential premises. The respondent filed an application under section 8(3)(a)(ii) of the Mysore House Rent and Accommodation Control Act, 1951, seeking to evict the appellant on the grounds that he needed the prem...

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Sunder Singh & Ors Vs. Narain Singh & Ors [1966] INSC 73 (11 March 1966)

Judgement Date : 11 Mar 1966

Citation : 1966 Latest Caselaw 73 SC

Headnote :

The appellants acquired certain lands in Punjab, while the respondents initiated a lawsuit asserting a right of preemption over those lands. However, prior to the lawsuit, the appellants had been allocated different lands under a consolidation scheme in exchange for the lands they purchased. The app...

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Arnold Rodricks & ANR Vs. State of Maharashtra & Ors [1966] INSC 74 (14 March 1966)

Judgement Date : 14 Mar 1966

Citation : 1966 Latest Caselaw 74 SC

Bombay Commissioners of Divisions Act, 1957
Bombay Land Revenue Code, 1879
Delegation of Powers
Delegation of Powers
Maharashtra Industrial Development Act, 1961

Headnote :

The office of the commissioner was discontinued in Bombay State in 1950 but was reinstated in 1958 through the Commissioners of Division Act, which was enacted by the Bombay Legislature. The Schedule of the Act modified various laws to grant powers to the Commissioners. Section 3(3) of the Act allow...

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State of Maharashtra Vs. Narharrao [1966] INSC 75 (14 March 1966)

Judgement Date : 14 Mar 1966

Citation : 1966 Latest Caselaw 75 SC

CrPC Section 128. Enforcement of order of maintenance
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property
IPC Section 341. Punishment for wrongful restraint.
IPC Section 426. Punished for mischief

The State of Andhra Pradesh Vs. N. Venugopal & Ors [1963] INSC 143 (9 May 1963)

Headnote :

The respondent, a head constable, faced charges under Section 161 of the Indian Penal Code and Sections 5(1)(b) and (2) of the Prevention of Corruption Act for accepting a bribe to undermine a prosecution case. Although the trial court convicted him, the High Court overturned the conviction, ruling...

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State of West Bengal Vs. Motilal Kanoria [1966] INSC 76 (15 March 1966)

Judgement Date : 15 Mar 1966

Citation : 1966 Latest Caselaw 76 SC

Headnote :

The respondent served as the director of a company and was also a partner in the firm that managed it. He submitted an application for an import license on behalf of the company under the Imports and Exports (Control) Act of 1947, which was granted in May 1955. At that time, the issuance of licenses...

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Nathia Agarwalla & ANR Vs. Musst. Jahanara Begum & Ors [1966] INSC 77 (15 March 1966)

Judgement Date : 15 Mar 1966

Citation : 1966 Latest Caselaw 77 SC

Assam Non-Agricultural Urban Areas Tenancy Act, 1955
Section 108. TPA, Rights and liabilities of lessor and lessee.
Transfer of Property Act, 1882

Headnote :

In November 1950, a decree for ejectment was issued against the appellants in a lawsuit initiated by the respondents, which was subsequently upheld by the High Court. Execution proceedings commenced in August 1954 and were still ongoing when the Assam Non-Agricultural Urban Areas Tenancy Act 1955 to...

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K. P. Chowdhary Vs. State of Madhya Pradesh & Ors [1966] INSC 78 (15 March 1966)

Judgement Date : 15 Mar 1966

Citation : 1966 Latest Caselaw 78 SC

Constitution of India
Government of India Act, 1935
Madhya Pradesh Land Revenue Code, 1959
Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

The appellant submitted the highest bids for two forest contracts during an auction. Since the contract amounts exceeded the limit that the Division Forest Officer could approve, the issue was escalated to the Chief Conservator of Forests, who had the authority to accept the bids. After the auction...

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Harinagar Sugar Mills Ltd. Vs. M. W. Pradhan [1966] INSC 79 (21 March 1966)

Judgement Date : 21 Mar 1966

Citation : 1966 Latest Caselaw 79 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant company acquired a farm from a joint Hindu family for Rs. 40 lakhs, with Rs. 25 lakhs still outstanding. The Income-tax Officer issued a notice under section 46 of the Indian Income-tax Act, 1922, instructing the company not to pay the remaining Rs. 25 lakhs to the joint family, but in...

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Indian Iron & Steel Co. Ltd. Vs. Biswanath Sonar [1966] INSC 80 (22 March 1966)

Judgement Date : 22 Mar 1966

Citation : 1966 Latest Caselaw 80 SC

Headnote :

The appellant company leased a parcel of land to the respondent in 1938. On June 28, 1950, the company issued a notice to the respondent terminating the tenancy, which was received on June 29, 1950. The notice specified a six-month period ending with the conclusion of December 1950. Subsequently, th...

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Gordon Woodroffe & Co. Vs. Sheikh M. A. Majid & Co. [1966] INSC 81 (22 March 1966)

Judgement Date : 22 Mar 1966

Citation : 1966 Latest Caselaw 81 SC

Headnote :

The respondent was a trader dealing in hides and skins, while the appellant was an exporter. Between January and August 1949, they entered into multiple contracts, which specified that the appellant was purchasing the goods for resale in the U.K. at a price quoted as C.I.F. minus 2.5%.The contracts...

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Dolai Molliko & Ors Vs. Krushna Chandra Patnaik & Ors [1966] INSC 82 (23 March 1966)

Judgement Date : 23 Mar 1966

Citation : 1966 Latest Caselaw 82 SC

Headnote :

Following the death of one of the plaintiffs-appellants in an ongoing appeal before the Subordinate Judge, a request was submitted to include his heirs in the case. The heirs identified were his widow and an adult son. No objections were raised against this request, and as a result, the widow and so...

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Dalchand & Ors Vs. Delhi Improvement Trust [1966] INSC 83 (24 March 1966)

Judgement Date : 24 Mar 1966

Citation : 1966 Latest Caselaw 83 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Delhi Improvement Trust, established under the U.P. Town Improvement Act (8 of 1908) applicable to Delhi, developed and announced an industrial development scheme aimed at fostering the growth of an industrial area to encourage population movement away from the congested regions of Delhi. The Tr...

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Charan Singh & Ors Vs. Babulal & Ors [1966] INSC 84 (25 March 1966)

Judgement Date : 25 Mar 1966

Citation : 1966 Latest Caselaw 84 SC

Headnote :

During the consolidation proceedings in a village, as per the Uttar Pradesh Consolidation of Holdings Act, 1954, a title issue emerged. The Consolidation Officer referred this matter to the Civil Judge, who then sent it to an arbitrator appointed under section 37 of the Act. The arbitrator presented...

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Bhrigunandan Prasad & Ors Vs. The Officer & Ors [1966] INSC 85 (25 March 1966)

Judgement Date : 25 Mar 1966

Citation : 1966 Latest Caselaw 85 SC

Headnote :

The appellants were mortgagees of various properties, including a house, based on a mortgage bond executed in 1928, which stipulated an interest rate of 9% per annum, compounded annually. In 1937, the aforementioned house was sold to B, subject to the existing mortgage. In 1939, the appellants initi...

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Addl. Collector of Customs, Calcutta & ANR Vs. M/S. Best & Co. [1966] INSC 86 (25 March 1966)

Judgement Date : 25 Mar 1966

Citation : 1966 Latest Caselaw 86 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent filed a petition under Article 226 challenging an order from the appellants (customs authorities), which was accepted by the High Court. Following this, the appellants promptly requested certified copies of the judgment and order. They submitted an application for permission to appeal...

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Narandas Morardas Gaziwala & Ors Vs. S. P. A. M. Papammal & ANR [1966] INSC 87 (25 March 1966)

Judgement Date : 25 Mar 1966

Citation : 1966 Latest Caselaw 87 SC

Indian Evidence Act, 1872
Kancheepuram
Section 213. Agent’s accounts

Headnote :

An agent initiated legal action against his principals seeking an account of transactions during the agency period. In response, the principals filed a lawsuit to enforce a promissory note that the agent had signed in their favor. The agent argued that there was an oral agreement stipulating that th...

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M/S. Om Oil & Oilseeds Exchange Ltd., Delhi Vs. Their Workmen [1966] INSC 88 (28 March 1966)

Judgement Date : 28 Mar 1966

Citation : 1966 Latest Caselaw 88 SC

Industrial Disputes Act, 1947

Headnote :

The workers (employees of the appellant) raised an industrial dispute and argued before the Labour Court that the appellant\'s decision to retrench certain employees was made in bad faith, as the appellant did not adhere to the \"first come, last go\" principle. The appellant defended its actions by...

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Ram Kishore Vs. State of U.P [1966] INSC 89 (28 March 1966)

Judgement Date : 28 Mar 1966

Citation : 1966 Latest Caselaw 89 SC

Indian Merchandise Marks Act, 1889
Trade and Merchandise Marks Act, 1958
Trade and Merchandise Marks Act, 1958

Headnote :

In 1955, the complainants raised concerns with the appellant regarding his infringement of their trademark, but they did not take any further action at that time. In November 1960, the appellant was discovered to be in possession of labels and tobacco tins that bore marks strikingly similar to the c...

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M/S. Nandram Hunatram, Calcutta Vs. Union of India & ANR [1966] INSC 90 (29 March 1966)

Judgement Date : 29 Mar 1966

Citation : 1966 Latest Caselaw 90 SC

Mineral Concession Rules, 1960

Madhya Pradesh Industries Ltd. Vs. Union of India & Ors [1965] INSC 154 (16 August 1965)

Headnote :

The appellant firm held a mining lease for a colliery with the stipulation that operations must continue without voluntary interruption and be conducted in a skilled and workmanlike manner. However, disputes arose among the partners, leading to a halt in colliery operations, unpaid wages for laborer...

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Ellerman & Bucknall Steamship Co. Ltd. Vs. Sha Misrimal Bherajee [1966] INSC 91 (29 March 1966)

Judgement Date : 29 Mar 1966

Citation : 1966 Latest Caselaw 91 SC

Headnote :

The respondent entered into two agreements with B Company (the sellers) based in New York to acquire specific chemicals. To fulfill these contracts, the respondent placed three orders for the materials in December 1950 and January 1951, specifying that the materials should be packed in new fiber dru...

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Firm Bansidhar Premsukhdas Vs. State of Rajasthan [1966] INSC 92 (29 March 1966)

Judgement Date : 29 Mar 1966

Citation : 1966 Latest Caselaw 92 SC

Government of India Act, 1935
United Provinces Tenancy Act, 1939

Maharaja Shree Umaid Mills Ltd. Vs. Union of India [1962] INSC 337 (27 November 1962)

Headnote :

The previous State of Bharatpur sold several plots for the establishment of a Mandi, and the appellant was among the buyers. According to the sale agreement, traders operating in the Mandi would receive a 25% reduction in customs duty on goods imported into or exported from the State via the Mandi....

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Biswambar Roy Vs. Girindra Kumar Paul [1966] INSC 93 (30 March 1966)

Judgement Date : 30 Mar 1966

Citation : 1966 Latest Caselaw 93 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A tenant in Silchar, Assam, constructed certain structures for residential and commercial use on leased land. The landlord obtained a decree for eviction against the tenant. While the appeal was ongoing, the Non Agricultural Urban Areas Tenancy Act, Assam Act 12 of 1955, was enacted. The tenant soug...

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Gyasi Ram Vs. Brij Bhushan Das & Ors [1966] INSC 94 (30 March 1966)

Judgement Date : 30 Mar 1966

Citation : 1966 Latest Caselaw 94 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A preliminary decree was issued in the appellant\'s case concerning the redemption of a mortgage. This decree outlined the amounts owed in terms of principal and interest, stipulated that future interest would accrue at a rate of 3% from the date of the decree until payment was made, and set a deadl...

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Kuchiyan Govinda Swami Vs. Kalliani Amma Lekshmi Amma & Ors [1966] INSC 95 (31 March 1966)

Judgement Date : 31 Mar 1966

Citation : 1966 Latest Caselaw 95 SC

Transfer of Property Act, 1882

Headnote :

In a document referred to as the \'otti Kuzhikanam deed\', the predecessor of the respondent sold a building located on a property to the predecessor of the appellant, granting him the right to possess and enjoy the property for a period of 12 years under Kuzhikanam rights, along with permission to...

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Gopalakrishna Pillai & Ors Vs. Meenakshi Ayal & Ors [1966] INSC 96 (31 March 1966)

Judgement Date : 31 Mar 1966

Citation : 1966 Latest Caselaw 96 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

S. passed away in 1927, leaving a will that bequeathed certain properties to his wife N and other properties to his mother C. He also appointed C as a trustee for some property intended for the benefit of a temple. Following N\'s death in 1931, C inherited her properties as a limited heir.In June 19...

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Mrs. Veeda Menezes Vs. Yusuf Khan & ANR [1966] INSC 97 (31 March 1966)

Judgement Date : 31 Mar 1966

Citation : 1966 Latest Caselaw 97 SC

Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 95. Act causing slight harm

Headnote :

During a dispute between neighbors, the first respondent slapped the appellant\'s servant and threw a file of papers at the appellant\'s husband, which missed him but struck the appellant on the elbow, resulting in a scratch. Following this incident, the Presidency Magistrate convicted the first res...

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Thirunagar Panchayat Vs. Madurai Co-Operative House Construction Society [1966] INSC 98 (31 March 1966)

Judgement Date : 31 Mar 1966

Citation : 1966 Latest Caselaw 98 SC

Headnote :

The respondent-Society established a housing colony, constructed public roads, and designated common areas for parks, playgrounds, schools, a library, a hospital, and a club for the benefit of the colony\'s members. Initially, the respondent passed a resolution to transfer the roads and other common...

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