Caselaw | Supreme Court Judgements of march 1967

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Bant Singh Gill Vs. Shanti Devi & Ors [1967] INSC 51 (1 March 1967)

Judgement Date : 01 Mar 1967

Citation : 1967 Latest Caselaw 51 SC

Delhi and Ajmer Rent Control Act, 1952
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

A lawsuit for eviction due to non-payment of rent arrears was initiated against the appellant by the respondents under the Delhi & Ajmer Rent Control Act, 1952 on February 27, 1958. The Delhi Rent Control Act, 1958 came into effect on February 9, 1959, and applied to the premises in question. On Mar...

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Krishna Kumar Narula Vs. The State of Jammu and Kashmir & Ors [1967] INSC 52 (1 March 1967)

Judgement Date : 01 Mar 1967

Citation : 1967 Latest Caselaw 52 SC

Assam Excise Act, 1910
Constitution of India

T. B. Ibrahim Vs. Regional Transport Authority, Tanjore [1952] INSC 68 (5 December 1952)

Headnote :

The appellant, who operated a liquor business in his hotel under an annual license granted by the Excise and Taxation Commissioner in accordance with section 20 of the Jammu and Kashmir Excise Act, 1958, sought a new license for the upcoming year. However, the Excise Department received complaints f...

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Nagpur Electric Light & Power Co. Ltd Vs. Regional Director Employees State Insurance Corporation [1967] INSC 53 (2 March 1967)

Judgement Date : 02 Mar 1967

Citation : 1967 Latest Caselaw 53 SC

Employees State Insurance Act, 1948

Headnote :

The appellant company was engaged in the transformation and transmission of electrical energy. A dispute arose between the company and the respondent regarding whether certain employees, such as engineers, draughtsmen, clerks, and accountants listed in Appendices III, IV, and V of the company\'s pet...

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Mulraj Vs. Murti Raghonathji Maharaj [1967] INSC 54 (2 March 1967)

Judgement Date : 02 Mar 1967

Citation : 1967 Latest Caselaw 54 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

While the respondent-landlord\'s application for permission to sue the appellant for ejectment under the U.P. (Temporary) Rent Control Act was pending before a Magistrate, the appellant sought to transfer the proceedings regarding this permission from the Magistrate\'s Court. An order was issued on...

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Maneklal Chhotalal & Ors Vs. M. G. Makwana & Ors [1967] INSC 55 (2 March 1967)

Judgement Date : 02 Mar 1967

Citation : 1967 Latest Caselaw 55 SC

Constitution of India
Government of India Act, 1935

Sri Ram Ram Narain Medhi Vs. The State of Bombay [1958] INSC 116; (18 November 1958)

Headnote :

The Ahmadabad Municipal Corporation issued a declaration of its intention to create a town planning scheme for certain areas, which included the lands owned by the petitioners, as per section 22 of the Bombay Town Planning Act, 1954.The petitioners raised their objections and suggestions regarding t...

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Sital Parshad Vs. Kishorilal [1967] INSC 56 (6 March 1967)

Judgement Date : 06 Mar 1967

Citation : 1967 Latest Caselaw 56 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent secured a preliminary decree in 1952 against the appellant for the sale of the mortgaged property. He sought an appeal to the Court for interest and costs, which were not granted in the preliminary decree. The appellants did not contest the preliminary decree. Following the respondent...

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P.L. Lakhanpal Vs. The Union of India & ANR [1967] INSC 57 (7 March 1967)

Judgement Date : 07 Mar 1967

Citation : 1967 Latest Caselaw 57 SC

Intermediate Education Act, 1921

Sadhu Singh Vs. Delhi Administration [1965] Insc 138 (1 June 1965)

Headnote :

The petitioner was arrested and held in custody by an order dated December 10, 1965, under Rule 30(1)(b) of the Defence of India Rules, 1962. On June 11, 1966, he received a notification from the Central Government under Rule 30A(9) indicating that, following a review of the detention order, it was...

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M/S. Haji Esmail Noor Mohammad & Co. & Ors Vs. The Competent Officer, Lucknow & Ors [1967] INSC 58 (8 March 1967)

Judgement Date : 08 Mar 1967

Citation : 1967 Latest Caselaw 58 SC

Administration of Evacuee Property Act, 1950
Constitution of India
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951

Headnote :

A partnership firm operating in Calcutta also had a branch in Kanpur. In 1948, one of its partners, \'A\', moved to Pakistan. According to the United Provinces Administration of Evacuee Property Ordinance of 1949, all evacuee property in the United Provinces was transferred to the Custodian of Evacu...

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Mangru Mahto & Ors Vs. Shri Thakur Taraknathji Tarakeshwar Math & Ors [1967] INSC 59 (8 March 1967)

Judgement Date : 08 Mar 1967

Citation : 1967 Latest Caselaw 59 SC

Code of Civil Procedure, 1908 (CPC)
Section 52. TPA, Transfer of property pending suit relating thereto.
Section 65A. TPA, Mortgagor’s power to lease.
Transfer of Property Act, 1882

Headnote :

The owner of certain properties, which were mortgaged by K, granted leases to various individuals. The properties were subsequently sold under the execution of K\'s mortgage decree, and K purchased them at auction. The lessees did not contest the sale or seek to be included as parties in the proceed...

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Madan Lal Vs. Sunderlal & ANR [1967] INSC 60 (9 March 1967)

Judgement Date : 09 Mar 1967

Citation : 1967 Latest Caselaw 60 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

An arbitration award concerning certain disputes between the appellant and the respondents was submitted to the Court, and the appellant was notified of this filing on September 30, 1957. The appellant subsequently filed an objection on November 3, 1957, challenging the validity of the award on seve...

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Phoolchand & ANR Vs. Gopal Lal [1967] INSC 61 (10 March 1967)

Judgement Date : 10 Mar 1967

Citation : 1967 Latest Caselaw 61 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant initiated a partition lawsuit against his father, mother, brother (the respondent), and the adopted son of a deceased brother. The parties involved were Agarwala Jains. A preliminary decree was issued that outlined the shares of each party, but before a final decree could be establishe...

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Thakur Jugal Kishore Sinha Vs. Sitamarhi Central Co-Operative Bank Ltd. & ANR [1967] INSC 62 (13 March 1967)

Judgement Date : 13 Mar 1967

Citation : 1967 Latest Caselaw 62 SC

Code of Civil Procedure, 1908 (CPC)
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, in an appeal to the Joint Registrar of Co-operative Societies in Bihar, claimed that the Assistant Registrar had discriminated against him and applied double standards when making a decision against him under section 48 of the Bihar and Orissa Co-operative Societies Act of 1935. In pr...

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Prem Nath & Ors Vs. State of Rajasthan & Ors [1967] INSC 63 (15 March 1967)

Judgement Date : 15 Mar 1967

Citation : 1967 Latest Caselaw 63 SC

Constitution of India
CrPC Section 9. Court of Session
Rajasthan Judicial Service Rules, 1955

Headnote :

The Rajasthan Higher Judicial Service Rules of 1955 stipulated that the Governor was responsible for recruiting individuals to the Higher Judicial Service from lists of eligible candidates provided by the High Court. These lists were prepared by a Selection Committee of the High Court, which include...

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Commissioner of Income-Tax, Punjab Jammu & Kashmir Vs. M/S. Alps Theatre, Patiala [1967] INSC 64 (15 March 1967)

Judgement Date : 15 Mar 1967

Citation : 1967 Latest Caselaw 64 SC

Headnote :

The Revenue authorities did not permit depreciation on the cost of land in conjunction with the cost of the building situated on it. The Appellate Tribunal upheld the assessee\'s appeal, and the High Court ruled in favor of the assessee. In response to the Revenue\'s appeal to this Court:HELD: The a...

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Orient Paper Mills Ltd. Vs. Union of India [1967] INSC 65 (16 March 1967)

Judgement Date : 16 Mar 1967

Citation : 1967 Latest Caselaw 65 SC

Headnote :

The appellant company operated a business in the State of Orissa focused on the manufacturing and sale of paper and boards. It possessed a licence in Form L.4 as mandated by the Central Excise Act and the Central Excise Rules of 1944. The factory and its premises were clearly defined under these Rul...

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R.B. Chaudhary Raghuraj Singh Vs. Murari Lal & Ors [1967] INSC 66 (16 March 1967)

Judgement Date : 16 Mar 1967

Citation : 1967 Latest Caselaw 66 SC

Code of Civil Procedure, 1908 (CPC)
Section 100. TPA, Charges.
Transfer of Property Act, 1882

Headnote :

The respondents initiated a lawsuit based on a promissory note that the appellant had executed in their favor, resulting in a decree against the appellant. This decree mandated that the appellant pay the owed amount in installments and included a default clause that allowed for the execution of the...

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Commissioner of Income-Tax, Bombay Vs. M/S. Walchand & Co. (Pvt.) Ltd., Bombay [1967] INSC 67 (17 March 1967)

Judgement Date : 17 Mar 1967

Citation : 1967 Latest Caselaw 67 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Income-tax Officer rejected the increase in remuneration for the Directors and Officers of the assessee company, stating that the increase was not reflected in the company\'s profits and therefore did not qualify as an expense incurred wholly and exclusively for business purposes under section 1...

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Jagir Singh Vs. State of Punjab [1967] INSC 68 (21 March 1967)

Judgement Date : 21 Mar 1967

Citation : 1967 Latest Caselaw 68 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The two appellants, along with four other individuals, faced murder charges. The Sessions Judge acquitted the four individuals but convicted the two appellants under sections 302 and 201 in conjunction with section 149 of the Indian Penal Code (I.P.C.). The High Court modified the convictions to sec...

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Shahdara (Delhi) Saharanpur Light Railwayco. Ltd. Vs. The Municipal Board, Saharanpur [1967] INSC 69 (21 March 1967)

Judgement Date : 21 Mar 1967

Citation : 1967 Latest Caselaw 69 SC

Government of India Act, 1935

Headnote :

The appellant company operated a narrow-gauge railway connecting Shahdara and Saharanpur. Since part of its operations fell within the municipal limits of Saharanpur, the Municipal Board sought to impose a terminal tax on railway stores and materials brought into the area, as stipulated by the Rules...

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B.D. Bharucha,Bombay Vs. Commissioner of Income-Tax, Central Bombay [1967] INSC 70 (21 March 1967)

Judgement Date : 21 Mar 1967

Citation : 1967 Latest Caselaw 70 SC

Headnote :

The appellant, engaged in financing film producers and distributors, had lent Rs. 1,00,000 to a film distribution firm. According to Clause 3 of their agreement, the appellant was not entitled to any interest but was to share in the distributors\' profits and losses. Clause 7 stipulated that if the...

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The Union of India Vs. The Indian Sugar Mills Association, Calcutta & ANR [1967] INSC 71 (21 March 1967)

Judgement Date : 21 Mar 1967

Citation : 1967 Latest Caselaw 71 SC

Headnote :

The predecessor of the appellant Railway entered into a contract in November 1933 with the respondent company, which operated a large sugar mill, to construct two \"assisted sidings\" to enhance the movement of goods to and from the mill. According to the agreement, part of the costs was covered by...

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Union Co-Operative Insurance Society Ltd., Bombay Vs. Commissioner of Income-Tax, Bombay [1967] INSC 72 (23 March 1967)

Judgement Date : 23 Mar 1967

Citation : 1967 Latest Caselaw 72 SC

Insurance Act, 1938

Headnote :

The appellant company was engaged in the general insurance business.One of the company\'s bye-laws permitted the payment of a bonus when a policy was renewed and there had been no claims in the previous year. However, the company did not record the bonus payments in its profit and loss account for t...

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Prem Dulari Vs. Raj Kumari [1967] INSC 73 (23 March 1967)

Judgement Date : 23 Mar 1967

Citation : 1967 Latest Caselaw 73 SC

Punjab Pre-Emption Act, 1913
Punjab Pre-emption Act, 1913
Punjab Pre-Emption Act, 1913

Headnote :

The second respondent sold her house to the appellant. The first respondent initiated a lawsuit for possession of the house, claiming a right of prior purchase under section 15 (fourthly) of the Right of Prior Purchase Act 1993, arguing that her house and the house in question shared a common outer...

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Commissioner of Income-Tax Central, Calcutta & ANR Vs. Amalgamated Development, Ltd. [1967] INSC 74 (23 March 1967)

Judgement Date : 23 Mar 1967

Citation : 1967 Latest Caselaw 74 SC

Headnote :

On July 7, 1948, the respondent company acquired the assets and liabilities of a firm known as M & Co. At that time, the firm had sold several plots, receiving part of the payment while the remaining balance was secured through mortgage bonds executed by the buyers. Subsequently, the respondent comp...

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Johrimal Vs. Director of Consolidation of Holdings, Punjab [1967] INSC 75 (28 March 1967)

Judgement Date : 28 Mar 1967

Citation : 1967 Latest Caselaw 75 SC

Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887

Headnote :

A scheme was developed and approved under section 20 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, which allowed owners of permanent ghers or enclosures to keep them in their possession. However, the respondent, under section 42 of the Act, reviewed this issu...

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Bhagat Raja Vs. The Union of India & Ors [1967] INSC 76 (29 March 1967)

Judgement Date : 29 Mar 1967

Citation : 1967 Latest Caselaw 76 SC

Mineral Concession Rules, 1960

Headnote :

The appellant was among several candidates seeking a mining lease in Andhra Pradesh, but the State Government awarded it to \'respondent No. 3\'. Subsequently, the appellant submitted a revision application under section 30 of the Mines & Minerals (Regulation and Development) Act, 1957, in conjuncti...

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Commissioner of Income-Tax, Punjab Vs. Daulat Ram Khanna [1967] INSC 77 (29 March 1967)

Judgement Date : 29 Mar 1967

Citation : 1967 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Code of Civil Procedure (Act 5 of 1908), Order V, Rule 20(1) - Scope.According to Section 63 of the Income-tax Act, a notice issued under the Act may be served in the same manner as a summons under the Civil Procedure Code. Order V, Rule 20(1) of the Code outlines two alternative methods for service...

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Capital Multi-Purpose Co-Operative Society Bhopal and Other Vs. The State of M.P. & Ors [1967] INSC 78 (30 March 1967)

Judgement Date : 30 Mar 1967

Citation : 1967 Latest Caselaw 78 SC

Code of Civil Procedure, 1908 (CPC)

Malik Ram Vs. State of Rajasthan [1961] INSC 156 (14 April 1961)

Headnote :

On May 11, 1964, the Madhya Pradesh State Road Transport Corporation announced two plans for the corporation to take over specific routes as per Chapter IV-A of the Motor Vehicles Act 4 of 1939, thereby excluding the current private operators on those routes. They invited objections within a 30-day...

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Commissioner of Income Tax, West Bengal, Calcutta & ANR Vs. Anil Kumar Roy Chowdhury & ANR [1967] INSC 79 (30 March 1967)

Judgement Date : 30 Mar 1967

Citation : 1967 Latest Caselaw 79 SC

Headnote :

Following the success of the assessee\'s appeal against the assessment conducted by the Income Tax Officer, District 1 (2), the Department filed an appeal to the Tribunal. This appeal was submitted by the Income Tax Officer, District VI, where the assessee had relocated. The assessee contested the a...

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Sindhi Lohana Chaithram Vs. The State of Gujarat [1967] INSC 80 (31 March 1967)

Judgement Date : 31 Mar 1967

Citation : 1967 Latest Caselaw 80 SC

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

Headnote :

According to section 1(i) of the Bombay Prevention of Gambling Act, 1887, a Deputy Superintendent of Police who has been specifically empowered can issue a search warrant. On January 22, 1955, the Saurashtra Government granted special authority to certain Assistant Superintendents and Deputy Superin...

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Hiralal Vallabhram Vs. Kastorbhai Lalbhai & Ors [1967] INSC 81 (31 March 1967)

Judgement Date : 31 Mar 1967

Citation : 1967 Latest Caselaw 81 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The landlords of specific properties issued a notice to their tenants, terminating the tenancy. Once the notice period for vacating the premises lapsed, the landlords initiated an eviction lawsuit under section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, in the Small Cau...

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