Caselaw | Supreme Court Judgements of november 1968

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Virji Ram Sutaria Vs. Nathalal Premji Bhanvadia & Ors [1968] INSC 269 (4 November 1968)

Judgement Date : 04 Nov 1968

Citation : 1968 Latest Caselaw 269 SC

Constitution of India

State of Punjab Vs. Sat Pal Dang & Ors [1968] INSC 167 (30 July 1968)

Headnote :

The candidate who was elected in the February 1967 Gujarat Legislative Assembly election took his oath according to Article 173 of the Constitution, using the Gujarati version of the relevant form from the Third Schedule. In this version, the term \"Legislative Assembly\" was translated as \"Rajya S...

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State of Andhra Pradesh Vs. Yedla Perraya [1968] INSC 270 (4 November 1968)

Judgement Date : 04 Nov 1968

Citation : 1968 Latest Caselaw 270 SC

CrPC Section 419. Direction of warrant for execution

Headnote :

The lorry belonging to the respondent was utilized by its driver and another individual, without the respondent\'s consent, for the illegal transportation of forest timber valued at over Rs. 50. Both the driver and the accomplice were found guilty of violations under sections 35 and 36 of the Andhra...

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Pushkar Mukherjee & Ors Vs. The State of West Bengal [1968] INSC 271 (7 November 1968)

Judgement Date : 07 Nov 1968

Citation : 1968 Latest Caselaw 271 SC

Preventive Detention Act, 1950

Headnote :

In petitions for a writ of habeas corpus under Article 32 of the Constitution seeking release from detention as per orders issued under Section 3(2) of the Prevention of Detention Act,IT WAS HELD: The reasonableness of the satisfaction of the detaining authority cannot be questioned in a court of la...

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Agra Electric Supply Co. Ltd. Vs. The Labour Court, Meerut & ANR [1968] INSC 272 (8 November 1968)

Judgement Date : 08 Nov 1968

Citation : 1968 Latest Caselaw 272 SC

Industrial Disputes Act, 1947

Headnote :

The second respondent initially submitted an application seeking specific reliefs against their employer (the appellant-company). However, the Labour Court dismissed this application due to the applicants\' failure to appear. Subsequently, the second respondent filed a second application requesting...

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Security & Finance (P) Ltd. & ANR Vs. Dattaraya Raghav Agge & Ors [1968] INSC 273 (8 November 1968)

Judgement Date : 08 Nov 1968

Citation : 1968 Latest Caselaw 273 SC

Customs Act, 1962

Headnote :

A hire-purchase agreement was established between the appellants and respondent No. 1, under which a motor transport truck was provided to respondent No. 1 for conducting transport business. This agreement included an arbitration clause for resolving disputes. When disputes arose, the matter was ref...

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Malkiat Singh & ANR Vs. State of Punjab [1968] INSC 274 (8 November 1968)

Judgement Date : 08 Nov 1968

Citation : 1968 Latest Caselaw 274 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

Exercising the authority granted by section 3 of the Essential Commodities Act, 1955, the Central Government issued the Punjab Paddy (Export Control) Order, 1959. According to Paragraph 3 of this Order, the export or attempted export of paddy from any location within the State of Punjab to any desti...

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In Re: P.C. Sen Vs. [1968] INSC 275 (8 November 1968)

Judgement Date : 08 Nov 1968

Citation : 1968 Latest Caselaw 275 SC

Headnote :

The Government of West Bengal issued an Order under Rule 125 of the Defence of India Rules, imposing certain restrictions on individuals engaged in the milk products business. This Order\'s validity was contested through a writ petition. After a Rule was issued and served to the State Government, th...

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Akhtar Alam Vs. The State of Bihar [1968] INSC 276 (12 November 1968)

Judgement Date : 12 Nov 1968

Citation : 1968 Latest Caselaw 276 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The appellant served as the Head Clerk to the Executive Engineer of the State Electricity Board. He was found guilty under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, based on allegations that on July 8, 1961, he accepted a bribe for the Executive Engineer t...

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M.C. Verghese Vs. T.J. Ponnan & ANR [1968] INSC 277 (13 November 1968)

Judgement Date : 13 Nov 1968

Citation : 1968 Latest Caselaw 277 SC

Indian Penal Code, 1860 (IPC)
IPC Section 500. Punishment for defamation

Headnote :

The initial respondent sent letters to his wife, who is the daughter of the appellant. These letters included defamatory statements about the appellant. The appellant received the letters and subsequently filed a defamation complaint against the first respondent. The Magistrate determined that commu...

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Management of Fertilizer Corporation Ofindia Vs. The Workmen [1968] INSC 278 (15 November 1968)

Judgement Date : 15 Nov 1968

Citation : 1968 Latest Caselaw 278 SC

Industrial Disputes Act, 1947
Payment of Bonus Act, 1965

Headnote :

In the first year of production, the appellant Corporation, a Central Government Undertaking, awarded an ad hoc bonus to its employees for their commendable performance. In the following year, the appellant provided bonuses based on the recommendations of the Bonus Commission and also made ex-gratia...

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Tarapore & Co. Vs. M/S. V/O Tractors Export, Moscow & ANR [1968] INSC 279 (15 November 1968)

Judgement Date : 15 Nov 1968

Citation : 1968 Latest Caselaw 279 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 476. Forms
Government of India Act, 1935

Headnote :

M/s Tarapore & Co., the plaintiffs in a lawsuit, sought an interim injunction to prevent the first defendant from taking any action regarding a letter of credit issued in favor of the second defendant.A single judge of the High Court granted the interim injunction, prohibiting the encashment of the...

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Perspective Publications (P) Ltd. & ANR Vs. State of Maharashtra [1968] INSC 280 (19 November 1968)

Judgement Date : 19 Nov 1968

Citation : 1968 Latest Caselaw 280 SC

Indian Penal Code, 1860 (IPC)
IPC Section 499. Defamation

Re: Hira Lal Dixit & Ors [1954] INSC 84 (1 October 1954)

Headnote :

One T initiated a lawsuit seeking Rs. 3 lakhs in damages for libel against a newspaper. The case was ruled in favor of T by a Judge of the Bombay High Court. Subsequently, an article was published in a publication produced by the first appellant, with the second appellant serving as the editor, prin...

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Guruji Shrihar Baliram Jivatode Vs. Vithalrao & Ors [1968] INSC 281 (19 November 1968)

Judgement Date : 19 Nov 1968

Citation : 1968 Latest Caselaw 281 SC

Representation of the People Act, 1951

Headnote :

The appellant was the winning candidate from the Rajura constituency in the Maharashtra State Legislative Assembly during the general elections held in February 1967. The first respondent, a defeated candidate, contested the appellant\'s election through an election petition. The High Court determin...

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State of Gujarat Vs. Dr. R.B. Chandrachud [1968] INSC 282 (19 November 1968)

Judgement Date : 19 Nov 1968

Citation : 1968 Latest Caselaw 282 SC

Code of Civil Procedure, 1908 (CPC)
Government of India Act, 1935
Gwalior
Indian Independence Act, 1947
Pensions Act, 1871
Transfer of Property Act, 1882

Headnote :

On August 15, 1947, following the enactment of the Indian Independence Act, 1947, which marked the end of British paramountcy, the former State of Baroda joined India. Subsequently, on August 25, 1948, the Maharaja of Baroda issued a proclamation stating that the entire executive authority of the St...

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Union of India & Ors Vs. M/S. Rai Bahadur Shree Ram Durga Prasad (P) Ltd. & Ors [1968] INSC 283 (19 November 1968)

Judgement Date : 19 Nov 1968

Citation : 1968 Latest Caselaw 283 SC

Constitution of India
CrPC Section 32. Mode of conferring powers

Headnote :

On August 4, 1947, the Central Government issued a notification under section 12(1) of the Foreign Exchange Regulation Act, 1947, along with the Foreign Exchange Regulation Rules, 1952, which was subsequently amended. This notification prohibited the export of goods to the countries listed in its Sc...

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Bai Radha Vs. State of Gujarat [1968] INSC 284 (20 November 1968)

Judgement Date : 20 Nov 1968

Citation : 1968 Latest Caselaw 284 SC

CrPC Section 165. Search by police officer
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was found guilty of offenses under sections 3(1) and 4(1) of the Suppression of Immoral Traffic in Women and Girls Act, 1956. A special police officer conducted a raid at the appellant\'s residence, which was operating as a brothel, and seized marked currency notes from the appellant....

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B.C. Mohindra Vs. The Municipal Board, Saharanpur [1968] INSC 285 (20 November 1968)

Judgement Date : 20 Nov 1968

Citation : 1968 Latest Caselaw 285 SC

Government of India Act, 1935
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void

Headnote :

On April 8, 1950, an auction was conducted for the theka to collect Tahbazari dues of a Mandi, during which the appellant\'s bid was accepted. Concurrently, a meeting of the respondent Board took place, where the auction was confirmed through a resolution, and the standard conditions regarding the p...

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Purtabpore Co. Ltd. Vs. Cane Commissioner of Bihar & Ors [1968] INSC 286 (21 November 1968)

Judgement Date : 21 Nov 1968

Citation : 1968 Latest Caselaw 286 SC

Province of Bombay Vs. Kusaldas S. Advani & Ors [1950] INSC 22 (15 September 1950)

Headnote :

The Sugar Cane (Control) Order of 1955 was enacted by the Central Government under the Essential Supplies Act. According to Clause 6 of the Order, the Central Government had the authority to designate any area where sugarcane was cultivated for a factory, considering various relevant factors. Clause...

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J.K. (Bombay) (P) Ltd. Vs. New Kaiser-I-Hind Spg. & Wvg. Co. Ltd. & Ors [1968] INSC 287 (22 November 1968)

Judgement Date : 22 Nov 1968

Citation : 1968 Latest Caselaw 287 SC

Code of Civil Procedure, 1908 (CPC)
Section 100. TPA, Charges.

Headnote :

In June 1965, a winding-up petition was filed against the respondent company, leading to the appointment of a provisional liquidator who took control of the company\'s Cotton Textile Mills after they ceased operations. Subsequently, in August 1965, an agreement was reached between the S group, which...

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Durga Prashad Vs. Chief Controller of Imports & Exports & Ors [1968] INSC 288 (22 November 1968)

Judgement Date : 22 Nov 1968

Citation : 1968 Latest Caselaw 288 SC

Constitution of India

Headnote :

The appellant, engaged in the export and import business, applied for an import license to bring in specific goods. In 1959, a license was granted, but it only covered a portion of the requested value. After exhausting all appeals and remedies under paragraph 85 of the Export Promotion Scheme, he wa...

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Tilokchand Motichand & Ors Vs. H.B. Munshi & ANR [1968] INSC 289 (22 November 1968)

Judgement Date : 22 Nov 1968

Citation : 1968 Latest Caselaw 289 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Contract Act, 1872
Limitation Act, 1963
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

State of Madhya Pradesh Vs. Bhailal Bhai & Ors [1964] INSC 7 (20 January 1964)

Headnote :

The sales tax authorities instructed that the amount collected as sales tax by the petitioners from their customers and subsequently paid to the State should be refunded to the petitioners, provided that the petitioners passed these amounts back to their customers. However, since the petitioners did...

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Board of Directors of The South Arcot Elec-Tricity Distrib Vs. N.K. Mohammad Khan [1968] INSC 290 (25 November 1968)

Judgement Date : 25 Nov 1968

Citation : 1968 Latest Caselaw 290 SC

Industrial Disputes Act, 1947

Headnote :

The appellant company was acquired by the Government of Madras under the authority granted by the Madras Electricity Supply Undertakings (Acquisition) Act of 1954, resulting in all its properties and assets being transferred to the Madras Government. According to Rule 17 of the Madras Government Und...

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Commissioner of Sales Tax, Madhya Pradesh,Indore Vs. Madhya Pradesh Electricity Board, Jabalpur [1968] INSC 291 (26 November 1968)

Judgement Date : 26 Nov 1968

Citation : 1968 Latest Caselaw 291 SC

Central Sales Tax Act, 1956
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The Electricity Board, established under the Electricity Supply Act of 1948, was responsible for supplying and distributing electric energy throughout the State of Madhya Pradesh. During the relevant assessment years, the Electricity Board provided electric energy to various consumers and also suppl...

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K.Brahma Suraiah & ANR Vs. Lakshminarayana [1968] INSC 292 (26 November 1968)

Judgement Date : 26 Nov 1968

Citation : 1968 Latest Caselaw 292 SC

CrPC Section 173. Report of police officer on completion of investigation

Headnote :

A private complaint was filed against the appellants for an offense under section 220 of the Mysore Village Panchayats and Local Boards Act, 1959. According to Rule 16 of the Mysore Panchayat Secretaries\' Powers and Duties Rules, 1961, the Secretary is authorized to file complaints and lawsuits on...

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Tarapore & Co., Madras Vs. M/S. V/O Tractors Export, Moscow & ANR [1968] INSC 293 (26 November 1968)

Judgement Date : 26 Nov 1968

Citation : 1968 Latest Caselaw 293 SC

Headnote :

An Indian company (the appellant) entered into a contract with a Russian company (the respondent) for the supply of specific machinery. To fulfill this contract, the appellant established a confirmed, irrevocable, and divisible letter of credit with a bank in India for the total value of the equipme...

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Workmen of Indian Express (P) Ltd. Vs. The Management [1968] INSC 294 (26 November 1968)

Judgement Date : 26 Nov 1968

Citation : 1968 Latest Caselaw 294 SC

Industrial Disputes Act, 1947

Headnote :

The respondent company appointed the workers as copy holders, as explicitly stated in a management order from July 1959.However, it was claimed that, contrary to this order, the management had consistently assigned the workers proofreading tasks both before and after the order was issued. A dispute...

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Goka Ramalingam Vs. Boddu Abraham & ANR [1968] INSC 295 (27 November 1968)

Judgement Date : 27 Nov 1968

Citation : 1968 Latest Caselaw 295 SC

Headnote :

The appellant and the respondents were candidates for a reserved seat in a scheduled caste constituency for the State Legislative Assembly, with the first respondent being elected. The appellant contested the election, arguing that the respondent was not a member of the scheduled caste because he ha...

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Parry & Co. Ltd. Vs. P.C. Pal & Ors [1968] INSC 296 (27 November 1968)

Judgement Date : 27 Nov 1968

Citation : 1968 Latest Caselaw 296 SC

Constitution of India
Motor Transport Workers Act, 1961
West Bengal Industrial Disputes Rules, 1958

Headnote :

In line with its strategy to reorganize its operations by focusing more on manufacturing rather than agency work, the appellant company discontinued over half of its agencies in Calcutta and several others in locations such as Madras. The labor union representing the workers contacted the Labour Com...

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Shashibushan Prasad Misilra & ANR Vs. Babuji Rai & Ors [1968] INSC 297 (27 November 1968)

Judgement Date : 27 Nov 1968

Citation : 1968 Latest Caselaw 297 SC

Headnote :

The plaintiffs (appellants in this case) reached settlements regarding certain land owned by a deity in the village of Siripur Majrahia, Bihar. The opposing defendants (respondents) owned land in the villages of Kazi Dumra and Shankarpur, which were separated from Siripur Majrahia by a river. The pl...

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Kushro S. Gandhi & Ors Vs. N.A. Gajdar & Ors [1968] INSC 298 (27 November 1968)

Judgement Date : 27 Nov 1968

Citation : 1968 Latest Caselaw 298 SC

Headnote :

A lawsuit for damages was initiated based on claims that both the plaintiffs and defendants were members of an association, and that the defendants engaged in a tortious act by conspiring to prevent the plaintiffs from being elected as trustees of the association.One of the defendants offered an unc...

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L.D. Healy Vs. State of Uttar Pradesh [1968] INSC 299 (27 November 1968)

Judgement Date : 27 Nov 1968

Citation : 1968 Latest Caselaw 299 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 356. Order for notifying address of previously convicted offender
CrPC Section 360. Order to release on probation of good conduct or after admonition
CrPC Section 364. Judgment when to be translated

Headnote :

The appellant, a Platform Inspector with the North Eastern Railway, faced prosecution for offenses under Section 161 of the Indian Penal Code and Section 5(1)(d) in conjunction with Section 5(2) of the Prevention of Corruption Act, 1947, for allegedly accepting a bribe from a fellow railway employee...

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State of Andhra Pradesh Vs. Kokkiliagada Meerayya & ANR [1968] INSC 300 (28 November 1968)

Judgement Date : 28 Nov 1968

Citation : 1968 Latest Caselaw 300 SC

CrPC Section 107. Security for keeping the peace in other cases
CrPC Section 112. Procedure in respect of person present in court
CrPC Section 403. Option of court to hear parties

Headnote :

Proceedings were initiated under section 107 of the Criminal Procedure Code against four individuals, including the two respondents, leading to an order under section 112 of the Criminal Procedure Code. This order indicated that they were involved in various violent acts that disrupted public peace...

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Parsram & ANR Vs. Shivchand & Ors [1968] INSC 301 (28 November 1968)

Judgement Date : 28 Nov 1968

Citation : 1968 Latest Caselaw 301 SC

Constitution of India

Headnote :

Appellant No. 1 submitted a petition contesting the election of the first respondent from the Lambi Assembly Constituency (a reserved seat) in the Ferozepur district of Punjab during the 1967 general election. The petition argued that the Returning Officer had improperly rejected the nomination pape...

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R.M. Seshadri Vs. G. Vasantha Pai [1968] INSC 302 (29 November 1968)

Judgement Date : 29 Nov 1968

Citation : 1968 Latest Caselaw 302 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

The appellant was elected to the Madras Legislative Council representing the Madras District Graduates Constituency. His election was contested by the respondent, his closest rival, through an election petition that primarily claimed that numerous cars were used to transport voters to the polling bo...

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Prabhakar Vs. Sinari Vs. Shanker Anant Verlekar [1968] INSC 303 (29 November 1968)

Judgement Date : 29 Nov 1968

Citation : 1968 Latest Caselaw 303 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 200. Examination of complainant
Indian Penal Code, 1860 (IPC)
IPC Section 504. Intentional insult with intent to provoke breach of the peace

Headnote :

A private complaint was lodged against the appellant, who served as a Deputy Superintendent of Police. The complainant stated that there was a conflict with certain hawkers attempting to encroach on his property, prompting him to notify the police. The appellant arrived at the scene, threatened and...

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