Caselaw | Supreme Court Judgements of march 1968

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Ram Charan & Ors Vs. State of U.P [1968] INSC 51 (1 March 1968)

Judgement Date : 01 Mar 1968

Citation : 1968 Latest Caselaw 51 SC

CrPC Section 164. Recording of confessions and statements

Headnote :

The eyewitness accounts of a murder were documented in accordance with section 164 of the Criminal Procedure Code, with a certificate attached to each statement indicating that the witness was informed that they were making the statement before a Magistrate and that it could be used against them.Reg...

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Shah Dhansukhlal Chhaganlal Vs. Dalichand Virchand Shroff & Ors [1968] INSC 52 (1 March 1968)

Judgement Date : 01 Mar 1968

Citation : 1968 Latest Caselaw 52 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882

Headnote :

The appellant was a tenant of the respondent. Having fallen into arrears of rent he was given a notice (a) demanding arrears of rent and permitted increases under the Bombay Rents. Hotel and Lodging House Rat-as Control Act, 1947, and (b) terminating his tenancy in terms of s. 106 of the Transfer of...

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Raja Dhruv Dev Chand Vs. Harmohinder Singh & ANR [1968] INSC 53 (1 March 1968)

Judgement Date : 01 Mar 1968

Citation : 1968 Latest Caselaw 53 SC

Indian Contract Act, 1872
Section 4. TPA, Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
Section 56. Agreement to do impossible act

Headnote :

The appellant obtained lease of a land in the undivided Punjab and carried on agricultural operations in it. Following the partition of India and allotment of the territory in which the lands were situate to Pakistan the appellant migrated to India. The appellant commenced an action for a decree...

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United Commercial Bank Ltd. Vs. Okara Grain Buyers Syndicate Ltd. & ANR [1968] INSC 54 (4 March 1968)

Judgement Date : 04 Mar 1968

Citation : 1968 Latest Caselaw 54 SC

Headnote :

The respondent, a syndicate with its registered office in Montgomery, located in undivided Punjab, had deposited a certain sum with the appellant-Bank and received a Fixed Deposit Receipt in return. This deposit was made to fulfill the requirements of a Procurement scheme established by the Governme...

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Kollipara Sriramulu Vs. T. Aswathanarayana & Ors [1968] INSC 55 (4 March 1968)

Judgement Date : 04 Mar 1968

Citation : 1968 Latest Caselaw 55 SC

Headnote :

On April 15, 1940, respondent No. 1 entered into a ten-year lease for a site to construct a cinema theatre from a partnership firm. He subsequently built the cinema on the property. In 1948, appellant No. 1 filed a lawsuit seeking the dissolution of the firm and an accounting of its affairs, with re...

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Nagar Mahapalika Varanasi Vs. Durga Das Bhattacharya & Ors [1968] INSC 56 (4 March 1968)

Judgement Date : 04 Mar 1968

Citation : 1968 Latest Caselaw 56 SC

Headnote :

According to section 294 of the U.P. Municipalities Act, 1916, a Municipal Board is authorized to impose a fee, which must be determined by bye-law, for any license. Section 298 allows the Board to create these bye-laws. Acting under section 298(2) and List I-H of the Act, the appellant (Municipal B...

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P. S. L. Ramanathan Chettiar & Ors Vs. O. Rm. P. Rm. Ramanathan Chettiar [1968] INSC 57 (4 March 1968)

Judgement Date : 04 Mar 1968

Citation : 1968 Latest Caselaw 57 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent\'s father deposited Rs. 5,000 with the appellant\'s father in 1926, which was to be repaid with interest. A request for repayment was made in 1944, leading to a recovery suit that was decreed in 1946 for Rs. 11,459. The High Court upheld the decree in an appeal in September 1951, afte...

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State of Mysore & ANR Vs. Syed Mahmood & Ors [1968] INSC 58 (4 March 1968)

Judgement Date : 04 Mar 1968

Citation : 1968 Latest Caselaw 58 SC

Headnote :

According to Rule 4(3)(b) of the Mysore State Civil Services General Recruitment Rules, 1957, promotions must be based on a selection process that considers both seniority and merit, meaning that seniority is contingent upon the candidate\'s ability to perform the duties of the position among those...

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Chief Comnissioner, Delhi & Ors Vs. Chadha Motor Transport Co [1968] INSC 59 (4 March 1968)

Judgement Date : 04 Mar 1968

Citation : 1968 Latest Caselaw 59 SC

Motor Vehicles Act, 1939

Headnote :

The respondent was involved in the business of collecting, forwarding, and distributing goods transported by public carriers in Delhi. The Chief Commissioner of Delhi issued a notification under section 68(2)(ww) of the Motor Vehicles Act, 1939, which mandated that the respondent and others in simil...

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Bhupendra Singh Vs. The State of Punjab [1968] INSC 60 (5 March 1968)

Judgement Date : 05 Mar 1968

Citation : 1968 Latest Caselaw 60 SC

CrPC Section 342. Power to order court
CrPC Section 374. Appeals from convictions
CrPC Section 375. No appeal in certain cases when accused pleads guilty
CrPC Section 376. No appeal in petty cases
CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant resided with his father, A, in a house next to that of the deceased, G, who lived there with his two sons and a daughter. One evening, a dispute arose between the appellant and one of G\'s sons. When G intervened, the appellant\'s father, A, shouted a \'lalkara\' instructing the appell...

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Niranjanlall Agarwalla Vs. Union of India [1968] INSC 61 (7 March 1968)

Judgement Date : 07 Mar 1968

Citation : 1968 Latest Caselaw 61 SC

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

Headnote :

The appellant arranged for goods to be transported from Sealdah, located at the edge of the Calcutta High Court\'s Original Jurisdiction, via the Bengal and Assam Railway, which is state-owned and headquartered in Calcutta. There was a shortfall in the delivery of the goods, and the railway authorit...

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Tukaram G.Gaokar Vs. R. N. Shukla & Ors [1968] INSC 62 (8 March 1968)

Judgement Date : 08 Mar 1968

Citation : 1968 Latest Caselaw 62 SC

Constitution of India
Customs Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

In September 1966, the Customs authorities confiscated certain contraband gold from the appellant\'s possession.Subsequently, the appellant, along with several others, was charged before a Magistrate for offenses related to gold smuggling under Section 120 B of the Indian Penal Code, in conjunction...

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Mohd. Usman Vs. State of Bihar [1968] INSC 63 (12 March 1968)

Judgement Date : 12 Mar 1968

Citation : 1968 Latest Caselaw 63 SC

Explosives Act, 1884

Headnote :

The appellant, a fireworks manufacturer, was found guilty under Section 5(3) of the Indian Explosives Act for permitting minors to work in the production of fireworks, thereby violating Rule 16 of the Explosives Rules.HELD: Clause (a) of Section 5(3) pertains to individuals who import or manufacture...

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State of Gujarat Vs. Chinubhai Gopaldas [1968] INSC 64 (13 March 1968)

Judgement Date : 13 Mar 1968

Citation : 1968 Latest Caselaw 64 SC

Headnote :

A collection of bottles believed to contain cosmetic products was discovered in the possession of the respondent. Upon analysis, the sampled bottles were found to contain alcohol, and since the respondent lacked a license to possess alcohol, he was charged under section 66(b) of the Bombay Prohibiti...

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Ishwardas Vs. Maharashtra Revenue Tribunal & Ors [1968] INSC 65 (13 March 1968)

Judgement Date : 13 Mar 1968

Citation : 1968 Latest Caselaw 65 SC

Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958
Bombay Tenancy and Agricultural Lands Act, 1948

Headnote :

The appellant served as the Managing Trustee of a public charitable trust that operated a Dharamshala. He submitted an application under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, XCIX of 1958 to the Naib Tehsildar, the third respondent, requesting that the fourth respondent, t...

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Ayodhya Prasad Vajpai Vs. State of U.P. & ANR [1968] INSC 66 (13 March 1968)

Judgement Date : 13 Mar 1968

Citation : 1968 Latest Caselaw 66 SC

Headnote :

The appellant was elected as the Pramukh of a Kshettra Samiti, with a term of five years that coincided with the duration of the Samiti. However, the Government of Uttar Pradesh issued two notifications under sections 1 and 8 of the Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 1961,...

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Gorantla Thataiah Vs. Thotakura Venkata Subbaiah & Ors [1968] INSC 67 (19 March 1968)

Judgement Date : 19 Mar 1968

Citation : 1968 Latest Caselaw 67 SC

Headnote :

One individual, referred to as V, lost his father at the tender age of 10. Following this loss, he lived with his mother in the home of his maternal uncle, the first defendant. The first defendant held significant influence over V, who was slow-witted and had below-average intelligence and understan...

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G. Narayana Raju Vs. G. Chamaraju & Ors [1968] INSC 68 (19 March 1968)

Judgement Date : 19 Mar 1968

Citation : 1968 Latest Caselaw 68 SC

Headnote :

Under Hindu law, there is no assumption that a business owned by any member of a joint family is considered a joint family business, even if that member is the manager of the family. For the business to be classified as a joint family business, it must be demonstrated that it was developed using joi...

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State of Kerala Vs. P. P. Hassan Koya [1968] INSC 69 (19 March 1968)

Judgement Date : 19 Mar 1968

Citation : 1968 Latest Caselaw 69 SC

Headnote :

Upon acquiring several parcels of land with buildings, the Land Acquisition Officer assessed the compensation owed to the interested parties at a rate of Rs. 10,000 per acre for the land, and for the buildings, he calculated their value based on their breakup value. One respondent, who possessed Kan...

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Fort Gloster Industries Ltd. Vs. Sethia Mercantile (P) Ltd. [1968] INSC 70 (19 March 1968)

Judgement Date : 19 Mar 1968

Citation : 1968 Latest Caselaw 70 SC

Headnote :

The appellant and the respondent were both members of the East India Jute and Hessian Exchange Ltd., and were therefore subject to its rules and regulations established under Section 11 of the Forward Contracts (Regulation) Act 74 of 1952, which governs forward contracts in the jute trade. In August...

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Godhra Borough Municipality Vs. Godhra Electricity Co. Ltd. [1968] INSC 71 (20 March 1968)

Judgement Date : 20 Mar 1968

Citation : 1968 Latest Caselaw 71 SC

Headnote :

According to Section 73 of the Bombay Municipal Boroughs Act, 1925, along with Rules 4(1) and 5 established under it, a rate on non-residential buildings owned by factories and mills was to be assessed based on capital value, provided that the assessee supplied \'reliable data\' for this calculation...

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Nath Singh & Ors Vs. The Board of Revenue & Ors [1968] INSC 72 (21 March 1968)

Judgement Date : 21 Mar 1968

Citation : 1968 Latest Caselaw 72 SC

Amba Prasad Vs. Abdul Noor Khan & Ors [1964] INSC 128 (17 April 1964)
The Upper Ganges Sugar Mills Ltd. Vs. Khalil-Ul-Rahman & Ors [1960] INSC 141 (6 September 1960)

Headnote :

In 1945, an individual named R, who held the proprietary rights of a village, initiated a lawsuit against the appellants and respondents, excluding the first respondent, the Board of Revenue, seeking their eviction under section 171 of the U.P. Tenancy Act. R claimed that the appellants had unlawful...

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State of Madhya Pradesh Vs. Ranojirao Shinde & ANR [1968] INSC 73 (21 March 1968)

Judgement Date : 21 Mar 1968

Citation : 1968 Latest Caselaw 73 SC

Constitution of India
Gwalior
Madhya Pradesh Land Revenue Code, 1959

Headnote :

The appellant-State revoked cash grants that it was providing through an executive order, which was subsequently annulled by this Court.Following this, the State enacted the Madhya Pradesh Abolition of Cash Grants Act, 1963, to eliminate the cash grants while offering certain compensation to the gra...

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Mohar Rai & Bharath Rai Vs. The State of Bihar [1968] INSC 74 (22 March 1968)

Judgement Date : 22 Mar 1968

Citation : 1968 Latest Caselaw 74 SC

CrPC Section 107. Security for keeping the peace in other cases
CrPC Section 154. Information in cognizable cases
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
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
IPC Section 307. Attempt to murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means

Headnote :

The first appellant was found guilty under Section 324 of the IPC for shooting and injuring PW 1, at the instigation of the second appellant, who was convicted under Section 324 in conjunction with Section 109 of the IPC. It was convincingly established that there was animosity between the appellant...

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Tika Ram & Sons Ltd. Vs. The Commissioner of Sales Tax U.P., Lucknow [1968] INSC 75 (22 March 1968)

Judgement Date : 22 Mar 1968

Citation : 1968 Latest Caselaw 75 SC

Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

From April 1, 1948, to January 25, 1950, the appellants manufactured goods (oil) in the State of Uttar Pradesh while conducting their business there. Some of these goods were dispatched to their depots outside the State before any sales contracts were established, and subsequently, they were sold to...

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Lajwanti Vs. Lal Chand & Ors [1968] INSC 76 (22 March 1968)

Judgement Date : 22 Mar 1968

Citation : 1968 Latest Caselaw 76 SC

Headnote :

The eviction of the Respondent from the Appellants\' premises, which served as a factory, was ordered, and an application for executing the possession order was submitted. The Respondents opposed the execution, arguing that the machinery in the factory could not be removed without prior approval fro...

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S. N. Bose Vs. State of Bihar [1968] INSC 77 (26 March 1968)

Judgement Date : 26 Mar 1968

Citation : 1968 Latest Caselaw 77 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant served as an assistant medical officer at a railway hospital in Gaya. Although he enjoyed certain privileges typically granted to gazetted officers, he was classified as a non-gazetted Class III officer. He was found guilty of offenses under Section 161 of the Indian Penal Code and Sec...

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State of Kerala Vs. Cochin Chemical Refineries Ltd. [1968] INSC 78 (26 March 1968)

Judgement Date : 26 Mar 1968

Citation : 1968 Latest Caselaw 78 SC

Headnote :

A mortgage deed was executed by the respondent company along with one of its directors in favor of the State of Kerala. The deed stipulated that in exchange for a loan of Rs. 2.5 lakhs granted by the State to the company, the company would supply 3,000 tons of groundnut cake within a specified timef...

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Kirpal Singh Duggal Vs. Municipal Board, Ghaziabad [1968] INSC 79 (26 March 1968)

Judgement Date : 26 Mar 1968

Citation : 1968 Latest Caselaw 79 SC

Headnote :

The appellant transported certain materials between August 1953 and March 1955 as part of a contract to supply goods for the Government of India. During this time, the respondent Municipality charged tolls as the appellant\'s trucks passed through the toll barrier. In June 1955, the appellant receiv...

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T. K. Lakshmana Iyer & Ors Vs. State of Madras & Ors [1968] INSC 80 (26 March 1968)

Judgement Date : 26 Mar 1968

Citation : 1968 Latest Caselaw 80 SC

Madras Hindu Religious and Charitable Endowments Act, 1951

Headnote :

Inams were awarded by Hindu rulers for the performance of specific services, such as those of watchmen and musicians, at the ancient temple of Thirumoolanathaswami. These inams were later validated by the British Government. For more than 80 years, the inams were enjoyed by the alienees, who were th...

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Lakhan Lal & Ors Vs. The State of Bihar & Ors [1968] INSC 81 (26 March 1968)

Judgement Date : 26 Mar 1968

Citation : 1968 Latest Caselaw 81 SC

Headnote :

The Bihar State Government adhered to the procedures outlined in the Bihar Agricultural Produce Markets Act of 1960 and the Bihar Agricultural Produce Market Rules of 1962 prior to issuing the necessary notifications to regulate the buying and selling of specific agricultural products and to establi...

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State of Andhra Pradesh & ANR Vs. P. Sagar [1968] INSC 82 (27 March 1968)

Judgement Date : 27 Mar 1968

Citation : 1968 Latest Caselaw 82 SC

Constitution of India

Headnote :

On July 29, 1966, the State Government of Andhra Pradesh issued an order reserving 20% of the total seats for admission to medical colleges for members of backward classes, as identified in a list prepared by the Government. This order and the accompanying list were contested in writ petitions befor...

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

Judgement Date : 27 Mar 1968

Citation : 1968 Latest Caselaw 83 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955
Preventive Detention Act, 1950

Headnote :

The appellant\'s partner, who operated a grocery store, was detained under sections 3(1)(a)(iii) and 4 of the Preventive Detention Act for engaging in the black market for essential goods.He received an order outlining several reasons for his detention. One of the reasons, specifically clause (a) of...

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B. S. Vadera Vs. Union of India & Ors [1968] INSC 84 (27 March 1968)

Judgement Date : 27 Mar 1968

Citation : 1968 Latest Caselaw 84 SC

Constitution of India
Indian Railway Board Act, 1905

Headnote :

The petitioners, who were employed as Assistants, were reverted to Upper Division Clerks in 1967 due to the implementation of the Railway Board\'s Secretariat Clerical Service (Reorganisation) Scheme. This scheme was established on February 5, 1957, but took effect from December 1, 1954.In 1963, cer...

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Iman Ali & ANR Vs. State of Assam [1968] INSC 85 (28 March 1968)

Judgement Date : 28 Mar 1968

Citation : 1968 Latest Caselaw 85 SC

Indian Penal Code, 1860 (IPC)
IPC Section 396. Dacoity with murder

Headnote :

The appellants were found guilty by the sessions court of an offense under section 396 of the Indian Penal Code and received a life sentence. They were determined to have fatally shot two individuals in a house while attempting to commit dacoity with others. One of the appellants appealed to the Hig...

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Kishanchand Narsinghdas Bhatia Vs. State Transport Authority & Ors [1968] INSC 86 (28 March 1968)

Judgement Date : 28 Mar 1968

Citation : 1968 Latest Caselaw 86 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The Regional Transport Authority renewed a stage carriage permit for the appellant, but the State Transport Appellate Authority overturned this decision and awarded the permit to the 3rd respondent. A key factor in the Appellate Authority\'s decision was the 3rd respondent\'s proposal to use a 1965-...

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