Caselaw | Supreme Court Judgements of august 1968

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L.R. Ganapathi Thevar Vs. Sri Navaneethaswaraswami Devasthanam,Sikki [1968] INSC 170 (1 August 1968)

Judgement Date : 01 Aug 1968

Citation : 1968 Latest Caselaw 170 SC

Constitution of India

Headnote :

The respondent owned the properties in question, which were leased to the appellants through lease agreements made in 1945 and 1946. The respondent initiated legal action against the appellants for possession of the properties on various grounds. The appellants asserted that they had an \'occupancy...

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Commissioner of Income-Tax, U.P. Vs. Jagannath Mahadeo Prasad, [1968] INSC 171 (2 August 1968)

Judgement Date : 02 Aug 1968

Citation : 1968 Latest Caselaw 171 SC

Headnote :

The taxpayer, an individual, earned income from various sources, including a commission agency and shares in partnership firms. For the assessment year 1953-54, he sought to offset his share of a loss from one of the partnerships against profits from his other businesses. This loss stemmed from spec...

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Commissioner of Income-Tax, Kerala Vs. K. B. Kalikutty & ANR [1968] INSC 172 (2 August 1968)

Judgement Date : 02 Aug 1968

Citation : 1968 Latest Caselaw 172 SC

Headnote :

The taxpayer operated a bus service and, during the fiscal year ending August 16, 1959, the buses were in operation for part of the year before being sold. The Income-tax Officer determined that the profit from the difference between the sale price of the buses and their written down value should be...

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J.K. Woollen Manufacturers Vs. Commissioner of Income-Tax, U.P [1968] INSC 173 (2 August 1968)

Judgement Date : 02 Aug 1968

Citation : 1968 Latest Caselaw 173 SC

Headnote :

The assessee, a mill, appointed V as its General Manager with a monthly salary of Rs. 1000, a car allowance of Rs. 250, and a commission of 12.5% on the firm\'s net profits. If the profits exceeded Rs. 1 lakh, the commission would increase to 25%. In the first year of V\'s appointment, the mill incu...

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Babu Ram Prakash Chandra Maheshwari Vs. Antarim Zila Parishad Muzaffar Nagar [1968] INSC 174 (2 August 1968)

Judgement Date : 02 Aug 1968

Citation : 1968 Latest Caselaw 174 SC

Constitution of India

Headnote :

The appellant was a partnership engaged in the production of Khandsari Sugar in Muzaffarnagar District, U.P. According to Section 114 of the U.P. District Boards Act X of 1922, a District Board had the authority to impose taxes on circumstances and property, subject to specific conditions and limita...

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Indian Oxygen Ltd. Vs. Their Workmen [1968] INSC 175 (5 August 1968)

Judgement Date : 05 Aug 1968

Citation : 1968 Latest Caselaw 175 SC

Industrial Disputes Act, 1947

Headnote :

The appellant and its workers, represented by the Indoxco Labour Union in Jamshedpur, submitted a joint application to the Government to refer certain disputes to the Industrial Tribunal. The application indicated that the number of workers affected by the disputes were those employed at the company...

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G.E.C. (P) Ltd. Naini, Allahabad Vs. The Labour Court, Allahabad [1968] INSC 176 (5 August 1968)

Judgement Date : 05 Aug 1968

Citation : 1968 Latest Caselaw 176 SC

Industrial Disputes Act, 1947

Headnote :

Between March 18 and March 30, 1964, the appellant company experienced a strike, followed by a token strike on April 10, 1964. Some workers were charged and warned for their involvement in the first strike. An inquiry officer deemed the second strike illegal, leading to the dismissal of six workers...

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Gujarat Electricity Board Vs. Girdharlal Motilal & ANR [1968] INSC 177 (6 August 1968)

Judgement Date : 06 Aug 1968

Citation : 1968 Latest Caselaw 177 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The respondent possessed a license issued by the Government of Baroda under the Baroda Electricity Act 1 of 1964, allowing them to supply electric energy within specified areas.On June 23, 1961, the appellant, established under section 5 of the Indian Electricity (Supply) Act, 1948, issued a notice...

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Gujarat Electricity Board Vs. Shantilal R. Desai [1968] INSC 178 (6 August 1968)

Judgement Date : 06 Aug 1968

Citation : 1968 Latest Caselaw 178 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

On January 8, 1959, the Bombay State Electricity Board, claiming to act under section 7 of the Indian Electricity Act of 1910 in conjunction with section 71 of the Electricity (Supply) Act of 1948, notified the respondent of its intention to purchase the electric supply undertaking operated by the r...

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Dewaji Vs. Ganpatlal [1968] INSC 179 (6 August 1968)

Judgement Date : 06 Aug 1968

Citation : 1968 Latest Caselaw 179 SC

Indian Evidence Act, 1872

Headnote :

The respondent leased his land to the appellant on an annual basis for the year 1950-51. When the appellant failed to vacate the premises at the end of the lease term, the respondent initiated eviction proceedings. During the course of the lawsuit, the Bera Regulation of Agricultural Leases Act, 195...

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Bidya Deb Barma Vs. District Magistrate, Tripura, Agartala [1968] INSC 180 (6 August 1968)

Judgement Date : 06 Aug 1968

Citation : 1968 Latest Caselaw 180 SC

Constitution of India
Preventive Detention Act, 1950

Motilal Jain Vs. State of Bihar & Ors [1968] INSC 83 (27 March 1968)

Headnote :

The petitioners were arrested and held on February 11, 1968, under the Preventive Detention Act, 1950, by the District Magistrate of Tripura. They contested their detention on several grounds, including: (i) the District Magistrate issued the detention orders on February 9, 1968, but only submitted...

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State of Gujarat Vs. Jetawat Lal Singh Amar Singh & Ors [1968] INSC 181 (7 August 1968)

Judgement Date : 07 Aug 1968

Citation : 1968 Latest Caselaw 181 SC

Headnote :

According to section 14(1) of the Bombay Merged Territories and Areas (Jagir Abolition) Act, 1954, if an individual who is not a jagirdar feels aggrieved by the abolition, extinguishment, or modification of their property rights as stipulated by the Act, and if the Act does not provide for compensat...

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Cricket Club of India Ltd. Vs. The Bombay Labour Union & ANR [1968] INSC 182 (7 August 1968)

Judgement Date : 07 Aug 1968

Citation : 1968 Latest Caselaw 182 SC

Industrial Disputes Act, 1947

Headnote :

The Deputy Commissioner of Bombay referred a dispute under section 10(2) of the Industrial Disputes Act, 1947 to the Industrial Tribunal in Maharashtra, concerning the Cricket Club of India Ltd. and its employees regarding various demands made by the workers. The Club raised a preliminary objection,...

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Bharat Nidhi Ltd. Vs. Takhatmal & Ors [1968] INSC 183 (7 August 1968)

Judgement Date : 07 Aug 1968

Citation : 1968 Latest Caselaw 183 SC

Section 130. TPA, Transfer of actionable claim.

Headnote :

The appellant Bank agreed to finance the contracts entered into by M. and to provide funds against his invoices for supplies related to those contracts. To facilitate this arrangement, M executed an irrevocable power of attorney in favor of the appellant, granting them the authority to collect all p...

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Kamaraju Venkata Krishna Rao Vs. The Sub-Collector, Ongole & ANR [1968] INSC 184 (8 August 1968)

Judgement Date : 08 Aug 1968

Citation : 1968 Latest Caselaw 184 SC

Headnote :

The appellant argued that a specific property included in an Inam, which was abolished under the Andhra Inams (Abolition & Conversion into Ryotwari) Act 36 of 1956, should be registered in his name. He contended that he was the Inamdar of that Inam before its abolition, despite having the obligation...

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Bank of Bihar Ltd. Vs. Damodar Prasad & ANR [1968] INSC 185 (8 August 1968)

Judgement Date : 08 Aug 1968

Citation : 1968 Latest Caselaw 185 SC

Code of Civil Procedure, 1908 (CPC)
Section 128. Surety’s liability
Section 140. Rights of surety on payment or performance

Headnote :

The appellant-creditor provided loans to the first respondent, backed by a guarantee from the second respondent. Subsequently, the appellant initiated legal proceedings against both respondents to recover the owed amount, and the court ruled in favor of the appellant. However, the Trial Court stipul...

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Paokai Haokip Vs. Rishang & Ors [1968] INSC 186 (12 August 1968)

Judgement Date : 12 Aug 1968

Citation : 1968 Latest Caselaw 186 SC

Headnote :

In a parliamentary constituency election with 219,554 registered voters, a total of 120,008 votes were cast. Out of these, 4,168 votes were deemed invalid. The appellant emerged victorious by obtaining 1,541 votes more than the respondent, the next candidate.The respondent subsequently filed an elec...

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Mohan Raj Vs. Surendra Kumar Taparia & Ors [1968] INSC 187 (12 August 1968)

Judgement Date : 12 Aug 1968

Citation : 1968 Latest Caselaw 187 SC

Representation of the People Act, 1951

Headnote :

Seven candidates were officially nominated for election from a Parliamentary constituency, but two candidates withdrew from the race. The first respondent, one of the remaining five candidates, was declared the winner. The election was contested by the appellant, an elector, on several grounds. In t...

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K. Venkateswara Rao & ANR Vs. Bekkam Narasimha Reddi & Ors [1968] INSC 188 (13 August 1968)

Judgement Date : 13 Aug 1968

Citation : 1968 Latest Caselaw 188 SC

Code of Civil Procedure, 1908 (CPC)
General Clauses Act, 1897
Limitation Act, 1963
Representation of the People Act, 1951

Vidyacharan Shukla Vs. Khubchand Baghel & Ors [1963] INSC 261 (20 December 1963)

Headnote :

The appellants challenged the election of the first respondent to the Andhra Pradesh Legislative Assembly during the General Election held in 1967 through an election petition.They alleged that various corrupt practices were committed by the first respondent, along with his agents and supporters. On...

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Workmen of Orient Paper Mills Ltd.Brajrajnagar Vs. M/S. Orient Paper Mills Ltd. [1968] INSC 189 (13 August 1968)

Judgement Date : 13 Aug 1968

Citation : 1968 Latest Caselaw 189 SC

Headnote :

An industrial dispute concerning wage and bonus determination arose between the respondent paper mills and their workers, the appellants, and was referred to the Industrial Tribunal in October 1962. This reference included a disagreement over the bonuses due for the years 1962-63 and 1963-64. The Tr...

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Commissioner of Income-Tax, Gujarat Vs. M/S. B.M. Kharwar [1968] INSC 190 (13 August 1968)

Judgement Date : 13 Aug 1968

Citation : 1968 Latest Caselaw 190 SC

Bombay Public Trusts Act, 1950
Societies Registration Act, 1860

Headnote :

The Assistant Charity Commissioner in Bombay conducted an inquiry under section 19 of the Bombay Public Trusts Act, 1950 and determined that the Nasik branch of the main Shringeri Math located in the State of Mysore qualifies as a public trust and must be registered under section 18 of the Act. This...

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State of Kerala Vs. Haji K. Haji K. Kutty Naha & Ors [1968] INSC 191 (13 August 1968)

Judgement Date : 13 Aug 1968

Citation : 1968 Latest Caselaw 191 SC

Constitution of India

Headnote :

According to Section 4 of the Kerala Buildings Tax Act, 1961, buildings that were constructed after the Act came into effect and had a floor area of one thousand square feet or more were taxed on a graduated scale. This tax was imposed solely based on the floor area, without any classification. In r...

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State of Assam & ANR Vs. Deva Prasad Barua & ANR [1968] INSC 192 (14 August 1968)

Judgement Date : 14 Aug 1968

Citation : 1968 Latest Caselaw 192 SC

Assam Agricultural Income Tax Act, 1939

Headnote :

A general notice was issued on April 13, 1955, under section 19(1) of the Assam Agricultural Income Tax Act, 1939, requesting the submission of returns for the assessment year 1955-56 concerning agricultural income tax. The respondents submitted their returns on May 31, 1958, and April 7, 1959. Subs...

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Kapurchand Shrimal Vs. Tax Recovery Officer, Hyderabad & Ors [1968] INSC 193 (14 August 1968)

Judgement Date : 14 Aug 1968

Citation : 1968 Latest Caselaw 193 SC

Constitution of India
Income Tax Act, 1961

Headnote :

A Hindu undivided family failed to pay its income tax, leading the Income Tax Office to issue a recovery certificate based on the authority granted by rule 76 of Schedule II of the Income Tax Act, 1961. The Tax Recovery Officer ordered the arrest and imprisonment of the family\'s Karta due to the ta...

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Commissioner of Sales Tax, U.P. Vs. Dr. Sukh Deo [1968] INSC 194 (19 August 1968)

Judgement Date : 19 Aug 1968

Citation : 1968 Latest Caselaw 194 SC

Headnote :

The respondent was a medical professional in Uttar Pradesh who operated a dispensary where he provided medications to his patients based on his prescriptions. According to notification No. S.T. 3504/X, dated May 10, 1956, issued under section 3A of the U.P. Sales Tax Act, 1948, a tax on the sale of...

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Balchand Vs. Income-Tax Officer, Sagar [1968] INSC 195 (19 August 1968)

Judgement Date : 19 Aug 1968

Citation : 1968 Latest Caselaw 195 SC

Headnote :

The appellant was required to pay tax on his income for the assessment years 1945-46 and 1946-47 according to section 23(3) of the Income-tax Act, 1922. Subsequently, on June 24, 1959, the Income-Tax Officer issued a notice of reassessment under section 34, asking the appellant to provide a return o...

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State of Madras Vs. M/S.K.C.P. Ltd. [1968] INSC 196 (20 August 1968)

Judgement Date : 20 Aug 1968

Citation : 1968 Latest Caselaw 196 SC

Headnote :

The respondent company was engaged in the manufacture and sale of machinery and machinery parts. To support its manufacturing operations, it operated a foundry and, in 1952, acquired two arc furnaces for that foundry. However, since the furnaces were deemed unsuitable, they were sold to another buye...

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Mental Box Co. of India Ltd. Vs. Their Workmen [1968] INSC 197 (20 August 1968)

Judgement Date : 20 Aug 1968

Citation : 1968 Latest Caselaw 197 SC

Income Tax Act, 1961
Payment of Bonus Act, 1965

Headnote :

In a conflict between the appellant and its employees regarding the calculation of bonuses under the Payment of Bonus Act, 1965, the Company argued that the total surplus amounted to Rs. 49.96 lakhs, of which Rs. 29.98 lakhs was the allocable surplus. The employees contested this calculation, assert...

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Central Bank of India Ltd., New Delhi Vs. Shri Prakash Chand Jain [1968] INSC 198 (20 August 1968)

Judgement Date : 22 Aug 1968

Citation : 1968 Latest Caselaw 198 SC

Industrial Disputes Act, 1947

Headnote :

The respondent was employed by the appellant and was dismissed following a domestic inquiry regarding alleged misconduct. While an industrial dispute was ongoing, an application was submitted to the Industrial Tribunal under section 33(2)(b) of the Industrial Disputes Act, 1947. The tribunal determi...

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Income Tax Officer, Distt. Ii(Ii),Kanpur & Ors Vs. Shri Mani Ram [1968] INSC 199 (20 August 1968)

Judgement Date : 20 Aug 1968

Citation : 1968 Latest Caselaw 199 SC

Headnote :

The respondents submitted their tax returns for the year 1953-54, which were provisionally assessed on October 14, 1954, and a regular assessment was conducted on February 27, 1958. For the following four years, the respondents continued to file their returns, and regular assessments under Section 2...

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J.P. Jani, Income-Tax Officer, Circle IV,Ward-G, Ahmedabad Vs. Induprasad Devshankar Bhatt [1968] INSC 200 (20 August 1968)

Judgement Date : 20 Aug 1968

Citation : 1968 Latest Caselaw 200 SC

Income Tax Act, 1961

Headnote :

According to section 297(2)(d)(ii) of the Income-tax Act, 1961, which addresses repeals and savings, even though the 1922 Act has been repealed, if any income has escaped assessment for any assessment year following the year ending on March 31, 1940, and there are no ongoing proceedings under sectio...

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Baladin Ram Vs. Commissioner of Income-Tax, U.P [1968] INSC 201 (21 August 1968)

Judgement Date : 21 Aug 1968

Citation : 1968 Latest Caselaw 201 SC

Headnote :

The assessee, a Hindu undivided family, was assessed for the income of the previous year ending October 30, 1943, during the assessment year 1944-45. The income reported in the return was derived from an iron foundry business and property, and only these sources were considered in the original asses...

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Mussamiya Imam Halder Bax Razvi Vs. Rabari Govindhai Ratnabhai & Ors [1968] INSC 202 (21 August 1968)

Judgement Date : 21 Aug 1968

Citation : 1968 Latest Caselaw 202 SC

Bombay Court of Wards Act, 1905
Guardians and Wards Act, 1890
Mamlatdars' Courts Act, 1906

Headnote :

The appellant inherited the estate, which included the disputed lands, while he was still a minor. The State Government took over the management of the estate in accordance with the Bombay Court of Wards Act, 1905, appointing the Collector as the estate manager. On July 25, 1956, while the estate wa...

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Maharashtra State Road Transport Corporation Vs. Shri Balwant Regular Motor Service, Amravati & Ors [1968] INSC 203 (22 August 1968)

Judgement Date : 22 Aug 1968

Citation : 1968 Latest Caselaw 203 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

On May 10, 1965, the R.T.A. reviewed the applications from private operators seeking renewal of their permits, as well as the appellant\'s request for new permits for the same routes. The R.T.A. decided to reject the renewal applications and granted substantive permits to the appellant. The private...

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