Caselaw | Supreme Court Judgements of september 1966

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Chhi Ram Vs. State of Punjab [1966] INSC 151 (2 September 1966)

Judgement Date : 02 Sep 1966

Citation : 1966 Latest Caselaw 151 SC

CrPC Section 342. Power to order court
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 5. Certain laws not to be affected by this Act

Headnote :

The appellant was found guilty of murder by the Sessions Judge, primarily based on the testimony of the approver. Upon appeal, the High Court deemed it unsafe to fully trust a portion of the approver\'s testimony concerning a prior incident, but concluded that the core of his account was credible an...

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Gomathinayagam Pillai & Ors Vs. Pallaniswami Nadar [1966] INSC 152 (2 September 1966)

Judgement Date : 02 Sep 1966

Citation : 1966 Latest Caselaw 152 SC

Headnote :

G and his son C, the first and second appellants, owned a piece of land that they verbally agreed to sell to the respondent on March 5, 1959. This agreement came at a time when P, another son of G, was on trial for murder, and G urgently needed funds for P\'s defense. On that date, the respondent pa...

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State of Madhya Pradesh Vs. Kaluram [1966] INSC 153 (5 September 1966)

Judgement Date : 05 Sep 1966

Citation : 1966 Latest Caselaw 153 SC

Indian Contract Act, 1872
Section 140. Rights of surety on payment or performance
Section 141. Surety’s right to benefit of creditor’s securities

Headnote :

At an auction conducted by the Divisional Forest Officer of the Hoshangabad Division for the sale of \'felled trees\', a bidder named J was identified as the highest bidder. The bid amount was to be paid in four installments. The contract stipulated that the Forest Contract Rules were applicable to...

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Union of India Vs. The Metal Corporation of India Ltd. & ANR [1966] INSC 154 (5 September 1966)

Judgement Date : 05 Sep 1966

Citation : 1966 Latest Caselaw 154 SC

Constitution of India

Headnote :

The Metal Corporation of India (Acquisition of Undertaking) Act, 1965, was established to acquire the assets of the Metal Corporation of India in the public interest. According to the Act, the Corporation was to transfer its assets to the Central Government upon the Act\'s commencement. If there was...

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State of Gujarat Vs. Vinaya Chandra Chhota Lal Patni [1966] INSC 155 (5 September 1966)

Judgement Date : 05 Sep 1966

Citation : 1966 Latest Caselaw 155 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 408. Criminal breach of trust by clerk or servant

Headnote :

The respondent faced charges under section 408 of the Indian Penal Code for misappropriating his employer\'s funds. The only witness available to verify the entries and signatures on the cheques was the complainant (the employer), and his testimony was supported by four documents. Two of these docum...

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Rambaran Prosad Vs. Ram Mohit Hazra & Ors [1966] INSC 156 (6 September 1966)

Judgement Date : 06 Sep 1966

Citation : 1966 Latest Caselaw 156 SC

Section 40. Person by whom promises is to be performed –
Section 54. TPA, “Sale” defined.

Headnote :

A partition suit was initiated between two brothers, T and K, which was subsequently referred to arbitration. The arbitration award divided the properties into four blocks: A, B, C, and D. Blocks A and C were allocated to T, while K received blocks B and D. Additionally, the award stipulated that if...

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Sri Vedagiri Lakshmi Narasimha Swami Temple Vs. Induru Pattabhirami Reddy [1966] INSC 157 (6 September 1966)

Judgement Date : 06 Sep 1966

Citation : 1966 Latest Caselaw 157 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The trustees of a temple initiated a lawsuit for the rendering of accounts against the former trustees concerning their management of the temple. The trial court and the first appellate court, exercising their discretion and considering the specifics of the case, ordered the defendants to provide ac...

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Kuppuswamy Chettiar Vs. A.S. P. A. Arumugam Chettiar & ANR [1966] INSC 158 (6 September 1966)

Judgement Date : 06 Sep 1966

Citation : 1966 Latest Caselaw 158 SC

Indian Evidence Act, 1872
Section 123. TPA, Transfer how effected.
Transfer of Property Act, 1882

Headnote :

In August 1931, P, the grandfather of the respondents, created a will that bequeathed certain immovable properties to K, the daughter of his paternal uncle. In January 1952, the respondents filed a lawsuit against several parties, including K, contesting the validity of P\'s bequest. K passed away i...

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Cherumanalil Lakshmi & Ors Vs. Mulivil Kunninamkandy Narayani & Ors [1966] INSC 159 (12 September 1966)

Judgement Date : 12 Sep 1966

Citation : 1966 Latest Caselaw 159 SC

Malabar Tenancy Act, 1929
Transfer of Property Act, 1882

Headnote :

The properties, including the land and the fruit-bearing trees on it, were leased for a duration of 24 years through two documents that outlined the kanartham (kanam amount). These documents did not indicate that they served as security for debt repayment nor did they represent transactions aimed at...

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Central Bank of India Vs. Shri Gokal Chand [1966] INSC 160 (12 September 1966)

Judgement Date : 12 Sep 1966

Citation : 1966 Latest Caselaw 160 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The respondent, who owned a building where the appellant was a tenant, submitted an application to the Controller under the Delhi Rent Control Act (59 of 1958) seeking the eviction of the appellant on the basis of his own need for the premises.The appellant argued that the respondent did not genuine...

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Wazirchand Mahajan & ANR Vs. Union of India [1966] INSC 161 (12 September 1966)

Judgement Date : 12 Sep 1966

Citation : 1966 Latest Caselaw 161 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The second appellant acquired from the Himachal Pradesh Government the rights to extract and gather specific medicinal herbs from the forests in Chamba District, with the agreement lasting one year starting from September 1, 1960.According to an arbitration clause in the agreement, any disputes betw...

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Sukh Lal & Ors Vs. State Bank of India & Ors [1966] INSC 162 (13 September 1966)

Judgement Date : 13 Sep 1966

Citation : 1966 Latest Caselaw 162 SC

Code of Civil Procedure, 1908 (CPC)
Displaced Persons (Debts Adjustment) Act, 1951
Displaced Persons (Debts Adjustment) Act, 1951

Headnote :

The joint Hindu family, consisting of the appellants and others, operated a grocery business in Harunabad, which is now part of Pakistan. The respondent-Bank had provided loans to this business. Following the establishment of the Dominions of India and Pakistan, riots erupted in Harunabad, leading t...

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Har Swarup & ANR Vs. Brij Bhushan Saran & Ors [1966] INSC 163 (14 September 1966)

Judgement Date : 14 Sep 1966

Citation : 1966 Latest Caselaw 163 SC

Representation of the People Act, 1951

Mohan Singh Vs. Bhanwarlal & Ors [1963] INSC 197 (3 October 1963)

Headnote :

B and R were both candidates from the same party for the 1962 U.P. Legislative Assembly elections. However, R withdrew his candidacy within the designated withdrawal period, and B was ultimately elected to the Assembly.Following B\'s election, two voters filed a petition to annul his election, claim...

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Subhas Chandra Das Mushib Vs. Ganga Prosad Das Mushib & Ors [1966] INSC 164 (14 September 1966)

Judgement Date : 14 Sep 1966

Citation : 1966 Latest Caselaw 164 SC

Code of Civil Procedure, 1908 (CPC)

Ladli Prasad Jaiswal Vs. Karnal Distillery Co. Ltd. & Ors [1962]375 (17 December 1962)

Headnote :

The current case involves a lawsuit aimed at declaring a settlement deed executed by the plaintiff\'s father and sister in favor of the plaintiff\'s brother\'s son regarding certain properties as fraudulent, collusive, and invalid, and seeking the cancellation of that document. The trial court dismi...

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Union of India Vs. Bungo Steel Furniture Pvt. Ltd. [1966] INSC 165 (14 September 1966)

Judgement Date : 14 Sep 1966

Citation : 1966 Latest Caselaw 165 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The disagreements between the appellant and the respondent regarding specific contracts were submitted to arbitration. The appellant sought to annul the award on the basis that the arbitrator made an error: (i) concerning the deduction of a certain amount, and (ii) by awarding future interest from t...

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Ammathayee Ammal & ANR Vs. Kumaresan & Ors [1966] INSC 166 (15 September 1966)

Judgement Date : 15 Sep 1966

Citation : 1966 Latest Caselaw 166 SC

Indian Evidence Act, 1872

Headnote :

R was a man of significant wealth who married four times. His third wife had a son with him. When R gifted some joint family property to his second wife, the third wife contested the validity of the gift. In response, R claimed that the third wife had abandoned him and that the son she bore was not...

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Commissioner of Income-Tax, U.P. Vs. Nainital Bank Ltd. [1966] INSC 167 (15 September 1966)

Judgement Date : 15 Sep 1966

Citation : 1966 Latest Caselaw 167 SC

Headnote :

The jewellery that was pledged to the respondent bank by its clients was stolen by robbers. The bank addressed the claims of its clients by crediting the value of the stolen jewellery against the loans provided to them.When the market value of the pledged jewellery was greater than the amount loaned...

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Rajaanand Brahma Shah Vs. State of Uttar Pradesh & Ors [1966] INSC 168 (16 September 1966)

Judgement Date : 16 Sep 1966

Citation : 1966 Latest Caselaw 168 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

State of Uttar Pradesh Vs. Raja Anand Brahma Shah [1966] INSC 169 (16 September 1966)

Headnote :

In 1950, the State Government issued a notification under section 4(1) of the Land Acquisition Act, 1894, indicating that the appellant\'s land was required for the public purpose of limestone quarrying. It was also stated that the case was urgent, and therefore, the provisions of section 5A would n...

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State of Uttar Pradesh Vs. Raja Anand Brahma Shah [1966] INSC 169 (16 September 1966)

Judgement Date : 16 Sep 1966

Citation : 1966 Latest Caselaw 169 SC

Constitution of India

Thakur Amar Singhji Vs. State of Rajasthan [1955] INSC 27 (15 April 1955)

Headnote :

In 1953, the State of Uttar Pradesh issued two notifications. One notification extended the Uttar Pradesh Zamindari Abolition and Land Reforms Act of 1950 to specific areas, including Pargana Agori, which was owned by the respondent. The other notification stated that all \"estates\" in the area, in...

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Shree Meenakshi Mills Ltd., Madurai Vs. Commissioner of Income-Tax, Madras [1966] INSC 170 (19 September 1966)

Judgement Date : 19 Sep 1966

Citation : 1966 Latest Caselaw 170 SC

Headnote :

The assessee-mill sought a deduction under section 10(2)(xv) of the Indian Income-tax Act for expenses incurred and costs awarded to the Government related to an unsuccessful writ petition and subsequent appeals. The departmental authorities denied the deduction, and the High Court ruled against the...

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Travancore Sugars And Chemicals Ltd. Vs. Commissioner of Income-Tax Kerala [1966] INSC 171 (20 September 1966)

Judgement Date : 20 Sep 1966

Citation : 1966 Latest Caselaw 171 SC

Headnote :

The appellant company was established to acquire certain industrial operations from the former Government of Travancore. In addition to the cash payment for this acquisition, the appellant agreed to pay the Government a specified percentage of its net profits annually. During the assessment proceedi...

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Jugal Kishore Baldeo Sarai Vs. Commissioner of Income-Tax, U.P., Lucknow [1966] INSC 172 (20 September 1966)

Judgement Date : 20 Sep 1966

Citation : 1966 Latest Caselaw 172 SC

Headnote :

The assessee was a Hindu undivided family engaged in a joint family business and also earning income from partnerships, where its karta represented the family as a partner. The family comprised two brothers and their minor sons, with one brother serving as the karta.The karta requested a monthly sal...

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Meghraj Kothari Vs. Delimitation Commission & Ors [1966] INSC 173 (20 September 1966)

Judgement Date : 20 Sep 1966

Citation : 1966 Latest Caselaw 173 SC

Constitution of India
Cotton Textiles (Control of Movement) Order, 1948
Delimitation Commission Act, 1962
Representation of the People Act, 1950
Representation of the People Act, 1951

Headnote :

On July 24, 1964, the Delimitation Commission issued a notification under section 10(1) of the Delimitation Commission Act, 1962, designating Ujjain City, previously a general constituency, as reserved for Scheduled Castes.The appellant, a resident of Ujjain and an Indian citizen, filed a petition u...

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State of Assam Vs. Ranga Mahammad & Ors [1966] INSC 174 (21 September 1966)

Judgement Date : 21 Sep 1966

Citation : 1966 Latest Caselaw 174 SC

Constitution of India

Headnote :

The respondent submitted petitions under Articles 226 and 227 to the Assam High Court, seeking to annul notifications from the State Government regarding the transfer of one District & Sessions Judge and the appointment of another. The basis for this request was that only the High Court had the auth...

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Biswabahan Das Vs. Gopen Chandra Hazarika & Ors [1966] INSC 175 (21 September 1966)

Judgement Date : 21 Sep 1966

Citation : 1966 Latest Caselaw 175 SC

Constitution of India

Headnote :

The establishment of an excise shop in the Dibrugarh area by the respondent was contested by the appellant before the Board of Revenue. The Board determined that the respondent was unsuitable due to his status as a forest contractor and holder of a firewood mahal license, having compounded an offens...

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P.L. Lakhanpal Vs. Union of India & Ors [1966] INSC 176 (21 September 1966)

Judgement Date : 21 Sep 1966

Citation : 1966 Latest Caselaw 176 SC

Defence of India Act, 1962

Headnote :

The petitioner, who served as the editor of a newspaper, was detained by an order from the Central Government under Rule 30(1)(b) of the Defence of India Rules, 1962. This detention was subsequently extended by another order from the Central Government issued six months later, under Rule 30A(9). The...

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Manujendra Dutt Vs. Purendu Prosad Roy Chowdhury & Ors [1966] INSC 177 (22 September 1966)

Judgement Date : 22 Sep 1966

Citation : 1966 Latest Caselaw 177 SC

Bengal General Clauses Act, 1899
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The appellant was a tenant of the respondents on a parcel of land. The lease agreement stipulated a duration of ten years, with the lessee having the right to renew the lease under specific conditions after that period.Additionally, the lease agreement stated that if the lessor wished for the lessee...

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Jamuna Singh Vs. State of Bihar [1966] INSC 178 (22 September 1966)

Judgement Date : 22 Sep 1966

Citation : 1966 Latest Caselaw 178 SC

Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Headnote :

The appellant was found guilty by the trial court, among other charges, of an offense under Section 436 in conjunction with Section 109 of the Indian Penal Code for allegedly instigating a co-accused to set fire to a hut. The High Court acquitted the co-accused of the offense under Section 436 but u...

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Hukumchand Mills Ltd. Vs. Commissioner of Income-Tax, Central Bombay & Ors [1966] INSC 179 (22 September 1966)

Judgement Date : 22 Sep 1966

Citation : 1966 Latest Caselaw 179 SC

Headnote :

The issue at hand in the assessee\'s appeal to the Income-tax Appellate Tribunal was determining the appropriate written down value of its buildings, machinery, and other assets for the purpose of calculating the depreciation allowance under section 10(2)(vi) of the Income-tax Act of 1922. The Depar...

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M. L. Sethi Vs. R. P. Kapur & ANR [1966] INSC 180 (23 September 1966)

Judgement Date : 23 Sep 1966

Citation : 1966 Latest Caselaw 180 SC

CrPC Section 190. Cognizance of offences by Magistrates
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
Indian Penal Code, 1860 (IPC)
IPC Section 188. Disobedience to order duly promulgated by public servant
IPC Section 211. False charge of offence made with intent to injure
IPC Section 385. Putting person in fear of injury in order to commit extortion

Headnote :

The appellant filed a police report on December 10, 1958, accusing the respondent of certain cognizable offenses. While the police were investigating this report, the respondent submitted a complaint to the Magistrate\'s Court on April 11, 1959, claiming that the appellant had falsely accused him of...

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Messrs. Associated Clothiers Ltd. Vs. Commissioner of Income-Tax, Calcutta [1966] INSC 181 (23 September 1966)

Judgement Date : 23 Sep 1966

Citation : 1966 Latest Caselaw 181 SC

Headnote :

The appellant, a private limited company, was initially registered as \"S. Phelps & Company Ltd.\" However, on March 21, 1952, its name was changed to \"Messrs Associated Clothiers Ltd.\" by an order under Section 11(4) of the Indian Companies Act, 1913. On the same day, a new company named \"Messrs...

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State of Assam Vs. Kripanath Sarma & Ors [1966] INSC 182 (23 September 1966)

Judgement Date : 23 Sep 1966

Citation : 1966 Latest Caselaw 182 SC

Assam General Clauses Act, 1915

Headnote :

The individuals involved were Elementary School teachers appointed under the Assam Basic Education Act of 1954. This Act was repealed by the Assam Elementary Education Act of 1962, which took effect on October 5, 1962. The 1962 Act mandated the establishment of a State Board, replacing the School Bo...

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Raghubans Narain Singh Vs. The Uttar Pradesh Government Through Collector of Bijnor [1966] INSC 183 (23 September 1966)

Judgement Date : 23 Sep 1966

Citation : 1966 Latest Caselaw 183 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

In December 1945, a parcel of grove land owned by the appellant, located just outside Nehtaur in U.P., was designated for acquisition under Section 4 of the Land Acquisition Act of 1894, with possession taken on July 4, 1947. The Collector determined the total compensation, which included payments f...

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State of Assam Vs. Horizon Union & ANR [1966] INSC 184 (23 September 1966)

Judgement Date : 23 Sep 1966

Citation : 1966 Latest Caselaw 184 SC

Headnote :

The High Court annulled the appointment of the second respondent as the Presiding Officer of an Industrial Tribunal, citing that he had not served as an Additional District Judge for the required three years as stipulated by section 7A(3)(aa) of the Industrial Disputes Act. In an appeal to this Cour...

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Krishnamurthy @ Tailor Krishnan Vs. Public Prosecutor, Madras [1966] INSC 185 (26 September 1966)

Judgement Date : 26 Sep 1966

Citation : 1966 Latest Caselaw 185 SC

Headnote :

Upon receiving information that the appellant\'s residence was being utilized as a brothel, the police set up a sting operation and seized marked currency notes from the appellant. Additionally, a decoy and a girl were discovered in a disheveled state within a room. Consequently, the appellant was c...

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M/S. Guruswamy & Co.Etc. Vs. State of Mysore & Ors [1966] INSC 186 (26 September 1966)

Judgement Date : 26 Sep 1966

Citation : 1966 Latest Caselaw 186 SC

Government of India Act, 1935

Headnote :

The Mysore Health Cess Act of 1962, under section 3, established a health cess at a rate of nine naye paise per rupee on various items of State revenue listed in Schedule A. Schedule A, item 1, specifically referred to excise duties imposed by the State on alcoholic beverages for human consumption (...

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State of Gujarat Vs. M/S. Kailash Engineering Co [1966] INSC 187 (26 September 1966)

Judgement Date : 26 Sep 1966

Citation : 1966 Latest Caselaw 187 SC

Headnote :

The respondent company, an engineering firm with a workshop in Morvi, secured a contract from the Western Railway Administration to construct third-class coaches. Under this contract, the respondent built three coaches and submitted a bill, which was duly certified on October 4, 1958, in accordance...

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Gulabhai Vallabhbhai Desai Vs. Union of India & Ors [1966] INSC 188 (27 September 1966)

Judgement Date : 27 Sep 1966

Citation : 1966 Latest Caselaw 188 SC

Constitution of India

Headnote :

In 1962, following the annexation of territories from Portuguese control to India, the President of India enacted the Daman (Abolition of Proprietorship of Villages) Regulation, 1962, aimed at abolishing village proprietorship in the Daman district. Five landowners from five villages contested the R...

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Srichand K. Khetwani Vs. State of Maharashtra [1966] INSC 189 (27 September 1966)

Judgement Date : 27 Sep 1966

Citation : 1966 Latest Caselaw 189 SC

Headnote :

The appellant was tried and found guilty alongside several others under section 120-B in conjunction with sections 409 and 5(2) along with section 5(1)(d) of the Prevention of Corruption Act. The accused were alleged to have conspired to issue multiple licenses for the importation of motor vehicles...

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S. Narayanappa & Ors Vs. Commissioner of Income-Tax, Bangalore [1966] INSC 190 (27 September 1966)

Judgement Date : 27 Sep 1966

Citation : 1966 Latest Caselaw 190 SC

Headnote :

In the assessment year 1951-52, the appellant failed to submit an income tax return as required by section 22 of the Income-tax Act, 1922. However, the Income Tax Officer assessed the appellant\'s income at a specific amount. During the review of materials for the assessment year 1955-56, it was fou...

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S. Narayanappa & Ors Vs. Commissioner of Income-Tax, Bangalore [1966] INSC 190 (27 September 1966)

Judgement Date : 27 Sep 1966

Citation : 1966 Latest Caselaw 191 SC

Headnote :

In the assessment year 1951-52, the appellant failed to submit an income tax return as required by section 22 of the Income-tax Act, 1922. However, the Income Tax Officer assessed the appellant\'s income at a specific amount. During the review of materials for the assessment year 1955-56, it was fou...

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Samyukta Socialist Party Vs. Election Commission of India & ANR [1966] INSC 191 (30 September 1966)

Judgement Date : 30 Sep 1966

Citation : 1966 Latest Caselaw 192 SC

Conduct of Elections Rules, 1961

Headnote :

In the 1962 general election, the Praja Socialist Party used the \'Hut\' as its election symbol. In 1964, the Praja Socialist Party merged with the Socialist Party to create the Samyukta Socialist Party, which was also assigned the \'Hut\' symbol by the Election Commission. However, this alliance wa...

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Bungo Steel Furniture Pvt. Ltd. Vs. Union of India [1966] INSC 192 (30 September 1966)

Judgement Date : 30 Sep 1966

Citation : 1966 Latest Caselaw 193 SC

Section 73. Compensation of loss or damage caused by breach of contract

Headnote :

The Union of India entered into two contracts with the appellants in November 1944 and June 1945, which were later modified in February 1946, for the supply of 4,700 bins at a set price that included the cost of steel. The Government committed to providing the necessary steel for the bins\' producti...

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State of Mysore Vs. Guduthur Thimmappa & Son, & ANR [1966] INSC 193 (30 September 1966)

Judgement Date : 30 Sep 1966

Citation : 1966 Latest Caselaw 194 SC

Central Sales Tax Act, 1956

Headnote :

Rule 4A(iv)(b) of the Madras General Sales-tax (Turnover and Assessment) Rules, 1939 stipulates that tax must be imposed on the dealer who purchases cotton within the State and is the last dealer not exempt from taxation. The respondents faced an attempt to recover sales tax on cotton they bought in...

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State of Gujarat Vs. M/S. Raipur Manufacturing Company Ltd. [1966] INSC 194 (30 September 1966)

Judgement Date : 30 Sep 1966

Citation : 1966 Latest Caselaw 195 SC

Headnote :

The respondent company was engaged in the manufacturing and sale of cotton textiles. During the fiscal year 1953-54, the company sold (i) old discarded items such as machinery, iron scrap, cans, boxes, cotton ropes, rags, etc., (ii) coal, and (iii) by-products like kolsi (cinders) and waste caustic...

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