Caselaw | Supreme Court Judgements of september 1967

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National Conduits (P) Ltd. Vs. S. S. Arora [1967] INSC 198 (1 September 1967)

Judgement Date : 01 Sep 1967

Citation : 1967 Latest Caselaw 198 SC

Headnote :

The High Court\'s position that upon the admission of a petition for compulsory winding up of a company under sections 433 and 439 of the Companies Act, 1956, the Court is required to immediately advertise the petition, was contested in an appeal to this Court.It was determined that a winding up pet...

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Dr. Bool Chand Vs. The Chancellor, Kurukshetra University [1967] INSC 199 (4 September 1967)

Judgement Date : 04 Sep 1967

Citation : 1967 Latest Caselaw 199 SC

Government of India Act, 1935
Punjab General Clauses Act, 1898
Punjab General Clauses Act, 1898

Headnote :

The appellant was a member of the Indian Administrative Service in the Madhya Pradesh Cadre and was compulsorily retired for misconduct by an order from the President in February 1963. In June 1965, he was appointed Vice-Chancellor of Kurukshetra University by the then Chancellor. However, on March...

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Tribhuvandas Purshottamdas Thakur Vs. Ratilal Motilal Patel [1967] INSC 200 (5 September 1967)

Judgement Date : 05 Sep 1967

Citation : 1967 Latest Caselaw 200 SC

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

Jaisri Sahu Vs. Rajdewan Dubey & Ors [1961] INSC 200 (28 April 1961)

Headnote :

The property of a trust was sold following the execution of a mortgage decree. The trustees attempted to annul the sale under Order 21, Rule 89 of the Code of Civil Procedure. They deposited five percent of the purchase price to be paid to the auction purchaser and asserted that the mortgagee had co...

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Union of India Vs. Jubbi And Dunia, [1967] INSC 201 (5 September 1967)

Judgement Date : 05 Sep 1967

Citation : 1967 Latest Caselaw 201 SC

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

Headnote :

The Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, establishes a framework for eliminating the proprietary rights of landowners: (1) Section 11 provides for a direct transfer of rights from the landowner to the occupancy tenant; (2) Section 15 stipulates that for lands...

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Union of India Vs. Kamlabhai Harjiwandas Parekh & Ors [1967] INSC 202 (7 September 1967)

Judgement Date : 07 Sep 1967

Citation : 1967 Latest Caselaw 202 SC

Constitution of India
Requisitioning and Acquisition of Immovable Property Act, 1952

The State of West Bengal Vs. Mrs. Bela Banerjee & Ors [1953] INSC 81 (11 December 1953)

Headnote :

A piece of land in Bombay owned by the husband of the first respondent was requisitioned by the Government for military use in 1942 under rule 75A(1) of the Defence of India Rules. In 1952, a notification was issued under section 7(1) of the Requisitioning and Acquisition of Immovable Property Act,...

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Indian Steel & Wire Products Ltd. Vs. State of Madras [1967] INSC 203 (11 September 1967)

Judgement Date : 11 Sep 1967

Citation : 1967 Latest Caselaw 203 SC

Government of India Act, 1935

Headnote :

At the request of the steel controller, who was exercising authority under the Iron and Steel (Control of Production and Distribution) Order of 1941, the appellant provided certain steel products to various individuals in Madras State during the financial years 1953-54, 1954-55, and part of 1955-56....

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Sukhram & ANR Vs. Gauri Shankar & ANR [1967] INSC 204 (11 September 1967)

Judgement Date : 11 Sep 1967

Citation : 1967 Latest Caselaw 204 SC

Headnote :

The first appellant, along with his brother H and his son, the second appellant, formed a Hindu Joint family governed by the Mitakshara law of the Benares School. Following the death of the first appellant in 1952, his widow survived him. On December 15, 1956, the widow sold a half share of a house...

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Lakshmi Rattan Engineering Works Ltd. Vs. Asstt. Commr. Sales Tax, Kanpur & ANR [1967] INSC 205 (12 September 1967)

Judgement Date : 12 Sep 1967

Citation : 1967 Latest Caselaw 205 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant-assessee submitted a memorandum of appeal to the Assistant Commissioner of Sales Tax, indicating that the admitted tax had been paid and supported this claim with an affidavit. Prior to the hearing, he presented a certificate from the Sales Tax Officer confirming that the tax had indee...

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N. S. Gujral Vs. Custodian of Evacuee Property & ANR [1967] INSC 206 (12 September 1967)

Judgement Date : 12 Sep 1967

Citation : 1967 Latest Caselaw 206 SC

Administration of Evacuee Property Act, 1950
Constitution of India

Headnote :

The appellant secured a decree against two individuals who, along with their spouses, relocated to Pakistan. Prior to the issuance of the decree, the two judgment debtors executed two deeds transferring their property, specifically a building, to their wives. This property was designated as evacuee...

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Municipal Corporation of Greater Bombay Vs. Royal Western India Turf Club [1967] INSC 207 (13 September 1967)

Judgement Date : 13 Sep 1967

Citation : 1967 Latest Caselaw 207 SC

Headnote :

The respondent club operated a racecourse and had constructed various facilities on land in Bombay, which it leased from the appellant corporation for an annual rent of Rs. 3.75 lakhs.It secured a license from the State Government to conduct race meetings at its Bombay course as well as at another c...

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The Sindhu Resettlement Corporation Ltd. Vs. The Industrial Tribunal of Gujarat & Ors [1967] INSC 208 (13 September 1967)

Judgement Date : 13 Sep 1967

Citation : 1967 Latest Caselaw 208 SC

Industrial Disputes Act, 1947

Headnote :

The services of respondent No. 3, a permanent employee of the appellant corporation, were assigned to the appellant\'s subsidiary company. The subsidiary company issued an order appointing respondent No. 3 on probation, indicating that he would be confirmed after completing the probationary period....

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Vithal Vasudeo Kulkarni & Ors Vs. Maruti Rama Nagane & Ors [1967] INSC 209 (14 September 1967)

Judgement Date : 14 Sep 1967

Citation : 1967 Latest Caselaw 209 SC

Section 114. TPA, Relief against forfeiture for non-payment of rent.

Headnote :

Respondent No. 1 was the tenant of the appellants concerning a specific piece of land, with rent due by March 20th each year. For the years 1951-52, 1952-53, 1953-54, and 1954-55, the respondent paid the rent, which the appellants accepted, although it was not paid on time. The appellants submitted...

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S. Sanyal Vs. Gian Chand [1967] INSC 210 (14 September 1967)

Judgement Date : 14 Sep 1967

Citation : 1967 Latest Caselaw 210 SC

Headnote :

According to section 13(1)(e) of the Delhi and Ajmer Rent Control Act, 1952, a court can grant eviction of a tenant in favor of a landlord who genuinely requires the premises for personal residence, but this is only applicable when the premises are rented out solely for residential use. If the premi...

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Deputy Commissioner And Collector, Kamrup& Ors Vs. Durga Nath Sarma [1967] INSC 211 (15 September 1967)

Judgement Date : 15 Sep 1967

Citation : 1967 Latest Caselaw 211 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894
West Bengal Land Development and Planning Act, 1948

Headnote :

The Assam Acquisition of Land for Flood Control and Prevention of Erosion Act, 1955, was enacted prior to the amendment of the Constitution by the Constitution (Fourth Amendment) Act. Since the Act did not cover lands that were already taken before its implementation, the Assam Acquisition of Land f...

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Munni Lal Vs. Bishwanath Prasad & Ors [1967] INSC 212 (15 September 1967)

Judgement Date : 15 Sep 1967

Citation : 1967 Latest Caselaw 212 SC

Headnote :

The respondent filed a lawsuit seeking pre-emption of certain leasehold land (Parjoti) in Benaras, which was sold via a sale deed in February 1942. He asserted that a custom of pre-emption existed throughout the city of Benaras, that he owned a house and land adjacent to the sold property, and that...

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Motichand Hirachand & Ors Vs. Bombay Municipal Corporation [1967] INSC 213 (15 September 1967)

Judgement Date : 15 Sep 1967

Citation : 1967 Latest Caselaw 213 SC

Headnote :

The municipal corporation raised the rateable value of a building by considering the actual rent received by the owner, which included income from an agreement allowing a company to display an advertisement on the building\'s roof. The owner filed a successful complaint against this increase, which...

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Management of Bangalore Woollen, Cotton & Silk Mills Co Vs. The Workmen & ANR [1967] INSC 214 (18 September 1967)

Judgement Date : 18 Sep 1967

Citation : 1967 Latest Caselaw 214 SC

Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

Headnote :

The Standing Orders of the appellant\'s organization, which were certified in accordance with the Industrial Employment (Standing Orders) Act of 1946, included provisions regarding the leave entitlements for workers. In case I.C. 11 of 1955, the Industrial Tribunal modified these standing orders thr...

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Sunderlal & Son Vs. Bharat Handicrafts (P.) Ltd. [1967] INSC 215 (20 September 1967)

Judgement Date : 20 Sep 1967

Citation : 1967 Latest Caselaw 215 SC

Code of Civil Procedure, 1908 (CPC)
Forward Contracts (Regulation) Act, 1952

Headnote :

According to section 15(1) of the Forward Contracts (Regulation) Act of 1952, forward contracts for the sale or purchase of specified goods can only be made between members of a recognized association or with a member or through any member of such an association; otherwise, the contract will be deem...

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Abdul Husein Tayabali & Ors Vs. State of Gujarat & Ors [1967] INSC 216 (20 September 1967)

Judgement Date : 20 Sep 1967

Citation : 1967 Latest Caselaw 216 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

On October 1, 1963, the State Government issued a notification under section 3(c), designating M, who was then the Special Land Acquisition Officer in Baroda, to act as a Collector. The government also instructed him to conduct an inquiry under the Land Acquisition (Companies) Rules regarding a requ...

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Sonawati & Ors Vs. Sri Ram & ANR [1967] INSC 217 (21 September 1967)

Judgement Date : 21 Sep 1967

Citation : 1967 Latest Caselaw 217 SC

U.P. Land Revenue Act, 1901

Headnote :

The respondents acquired the disputed land from the bhumidhars, but \'P\' (the predecessor of the appellants) asserted that he was in possession of the land, leading to a dispute under Section 145 of the Code of Criminal Procedure. The Magistrate attached the land and directed the parties to pursue...

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Workmen of Brahmputra Tea Estate, Represented By Assam Cha Vs. The Incoming Management of Braumputra Tea Estate & Ors [1967] INSC 218 (25 September 1967)

Judgement Date : 25 Sep 1967

Citation : 1967 Latest Caselaw 218 SC

Industrial Disputes Act, 1947

Headnote :

The Labour Court, in reference to an industrial dispute, concluded that the workmen\'s services had been terminated under the direction of the Receiver appointed in a lawsuit, prior to the first respondent acquiring ownership of the company. It noted that the Receiver was the only party involved in...

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Vidya Vati Vs. The State of Punjab & Ors [1967] INSC 219 (26 September 1967)

Judgement Date : 26 Sep 1967

Citation : 1967 Latest Caselaw 219 SC

Headnote :

The appellant owned 56 standard acres of agricultural land in Punjab, from which she was forcibly removed in 1954 by individuals who had no legal claim to the property. She regained possession in 1960 after successfully filing a lawsuit. The Pepsu Tenancy and Agricultural Lands Act 13 of 1955 came i...

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Mahant Ramswarup Guru Chhote Balakdas Vs. Motiram Khandu Patil & Ors [1967] INSC 220 (26 September 1967)

Judgement Date : 26 Sep 1967

Citation : 1967 Latest Caselaw 220 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Madhya Pradesh Public Trusts Act, 1951

Headnote :

Section 32(1) of the Bombay Tenancy and Agricultural Lands Act of 1948, as amended by Act XIII of 1956, states that on April 1, 1957, every tenant shall, subject to certain provisions and exceptions, be considered to have purchased the land they occupy from their landlord. Section 88B provides an ex...

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Lakshmi Narain Agarwal Vs. State Transport Authority, U.P. & ANR [1967] INSC 221 (26 September 1967)

Judgement Date : 26 Sep 1967

Citation : 1967 Latest Caselaw 221 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The Regional Transport Authority issued an order under section 47(3) of the Motor Vehicles Act, 1939, which increased the number of stage carriages on a specific route.The appellant, who was an existing operator, challenged this order by filing a revision with the State Transport Authority under sec...

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Lt. Commander Pascal Fernandes Vs. The State of Maharashtra & Ors [1967] INSC 222 (28 September 1967)

Judgement Date : 28 Sep 1967

Citation : 1967 Latest Caselaw 222 SC

CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 338. Procedure where lunatic detained is declared fit to be released
Indian Penal Code, 1860 (IPC)

Headnote :

Three high-ranking government officials, an upper division clerk, and four others were on trial before the Special Judge appointed under Section 6 of the Criminal Law Amendment Act, 1952, for various offenses, including criminal misconduct under Section 5(2) of the Prevention of Corruption Act, 1947...

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Banarsi Das Ahluwalia Vs. The Chief Controlling Revenue Authority, Delhi [1967] INSC 223 (28 September 1967)

Judgement Date : 28 Sep 1967

Citation : 1967 Latest Caselaw 223 SC

Government of India Act, 1935
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

The appellant executed a deed of trust on December 20, 1961, concerning certain properties on stamp paper valued at Rs. 30. The Sub Registrar, upon receiving the deed for registration, impounded it and sent it to the Collector for action under Section 38(2) of the Indian Stamp Act, 2 of 1899. The Co...

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Anandji Haridas & Co. (P.) Ltd. Vs. S. P. Kushare, S. T. O. Nagpur & Ors [1967] INSC 224 (28 September 1967)

Judgement Date : 28 Sep 1967

Citation : 1967 Latest Caselaw 224 SC

Business Profits Tax Act, 1947

Headnote :

According to section 10(1) of the Central Provinces and Berar Sales Tax Act of 1947, every dealer, as directed by the Commissioner through a notice, and every registered dealer, is required to submit returns by specified dates and to the designated authority. Rule 19 of the regulations established u...

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Municipality of Taloda Vs. The Charity Commissioner & Ors [1967] INSC 225 (28 September 1967)

Judgement Date : 28 Sep 1967

Citation : 1967 Latest Caselaw 225 SC

Societies Registration Act, 1860

Mahant Ram Saroop Dasji Vs. S. P. Sahi [1959] INSC 38 (15 April 1959)

Headnote :

A property was transferred to the respondent-Municipality through a deed \"for the purpose of Sarvajanik Kam (public purpose),\" which has been used to provide shelter for Atit, Abhyaqat, Sadhu, Sant, and others. The deed also mentioned that the property contained \"a Samadhi (grave) of Nagabawa.\"...

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Kanti Lal Babulal Vs. H. C. Patel [1967] INSC 226 (29 September 1967)

Judgement Date : 29 Sep 1967

Citation : 1967 Latest Caselaw 226 SC

Headnote :

According to Article 286(1)(a) of the Constitution, as it was at the relevant time, sales made by the appellants (registered dealers) outside the State of Bombay were not subject to taxation. The appellants were instructed to refund the tax amounts they had collected from their buyers for these sale...

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C. A. Rajendran Vs. Union of India & Ors [1967] INSC 227 (29 September 1967)

Judgement Date : 29 Sep 1967

Citation : 1967 Latest Caselaw 227 SC

Constitution of India

The General Manager, Southern Railway Vs. Rangachari [1961] INSC 198 (28 April 1961)

Headnote :

On January 4, 1957, the Central Government issued an office memorandum that established reservations of 12.5% for Scheduled Castes and 5.5% for Scheduled Tribes in vacancies filled through promotions via competitive examinations limited to departmental candidates. Prior to this, an office memorandum...

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Andhra Sugars Ltd. & ANR Vs. State of Andhra Pradesh & Ors [1967] INSC 228 (29 September 1967)

Judgement Date : 29 Sep 1967

Citation : 1967 Latest Caselaw 228 SC

Andhra Pradesh General Sales Tax Act, 1957
Constitution of India
Government of India Act, 1935
Indian Contract Act, 1872
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Section 14. Free consent defined
Section 2. Interpretation -clause
Sugarcane Control Order, 1966

Headnote :

Under the Andhra Pradesh (Regulation of Supply and Purchase) Act of 1961, sugar factory operators were required to purchase sugarcane from cane growers in accordance with the directives of the Cane Commissioner. Section 21 of the Act granted the State Government the authority to impose a tax on suga...

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