Caselaw | Supreme Court Judgements of october 1968

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Commissioner of Income Tax, Patiala Vs. Patiala Flour Mills Co. Pvt. Ltd., Patiala [1968] INSC 239 (6 October 1968)

Judgement Date : 06 Oct 1968

Citation : 1968 Latest Caselaw 239 SC

Income Tax Act, 1961

Headnote :

The Respondent-assessee asserted in its tax assessment for the year 1970-71 that the deficiencies under Section 80I for both the current and previous assessment years should be offset against the profit of Rs. 1,51,011/- generated by its cold storage plant, which qualified as a new industrial undert...

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Union of India & Ors Vs. K. Rajappa Menon [1968] INSC 240 (7 October 1968)

Judgement Date : 07 Oct 1968

Citation : 1968 Latest Caselaw 240 SC

Constitution of India

Khem Chand Vs. Union of India [1962] INSC 264 (25 September 1962)
Khem Chand Vs. The Union of India & Ors [1957] INSC 113 (13 December 1957)

Headnote :

Following the response from the railway employee regarding the charges against him, a departmental inquiry was conducted. The Enquiring Officer determined that all charges were substantiated. Subsequently, a show cause notice was issued, indicating that the Chief Commercial Superintendent had tentat...

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Arjan Singh & ANR Vs. The State of Punjab & Ors [1968] INSC 241 (8 October 1968)

Judgement Date : 08 Oct 1968

Citation : 1968 Latest Caselaw 241 SC

Headnote :

The Pepsu Tenancy and Agricultural Lands Act XIII of 1955 was enacted on March 6, 1955, allowing every landowner to select land parcels not exceeding a limit of 30 standard acres. In 1956, the principal Act was amended to include Chapter 4A, which enabled the Government to take over surplus lands ow...

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Sampat Prakash Vs. State of Jammu & Kashmir & ANR [1968] INSC 242 (10 October 1968)

Judgement Date : 10 Oct 1968

Citation : 1968 Latest Caselaw 242 SC

Constitution of India
General Clauses Act, 1897

Headnote :

Following the accession of the State of Jammu and Kashmir to India, Article 35 of the Constitution of India was amended in 1954 to include clause (c), which provided safeguards for any law concerning preventive detention in the State, protecting it from being deemed invalid due to violations of fund...

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Rama Shankar Singh & ANR Vs. Mst. Shyamlata Devi & Ors [1968] INSC 243 (10 October 1968)

Judgement Date : 10 Oct 1968

Citation : 1968 Latest Caselaw 243 SC

Indian Contract Act, 1872
Section 43. Any one of joint promisors may be compelled to perform

Headnote :

The plaintiffs, along with defendants 5 to 7 and the ancestor of defendants 8 to 13, leased the forest rights in their villages to defendants 1 and 2 for an annual rental fee. The lease agreement specified the share of each lessee and the annual rent to clarify the contribution of each towards the t...

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The Premier Automobiles Ltd. Vs. S.N. Shrivastava & ANR [1968] INSC 244 (10 October 1968)

Judgement Date : 10 Oct 1968

Citation : 1968 Latest Caselaw 244 SC

Constitution of India

Headnote :

The Income-tax Officer from the Companies Circle in Bombay regarded the petitioner as an agent of a non-resident and issued a notice of demand under section 156 in conjunction with section 210 of the Indian Income-tax Act, 1961. This notice required the petitioner to pay advance tax as the agent of...

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Badri Prasad Vs. State of Madhya Pradesh & ANR [1968] INSC 245 (11 October 1968)

Judgement Date : 11 Oct 1968

Citation : 1968 Latest Caselaw 245 SC

Orissa Estates Abolition Act, 1951
Section 54. TPA, “Sale” defined.

Headnote :

The appellant entered into a contract concerning certain forests in a Jagir located in Madhya Pradesh. According to clause 1 of the contract, he was permitted to cut teak trees with a girth exceeding 12 inches. Clause 5 stipulated that the stumps of the cut trees must remain 3 inches high. Following...

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Mahadeo Vs. Shantibhai & Ors [1968] INSC 246 (15 October 1968)

Judgement Date : 15 Oct 1968

Citation : 1968 Latest Caselaw 246 SC

Headnote :

The appellant\'s election to the M.P. Legislative Assembly in February 1957 was contested through an election petition, primarily on the grounds that he was ineligible to be a candidate due to holding certain offices of profit under the Government. The trial judge upheld the election petition, deter...

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Nani Gopal Mitra Vs. The State of Bihar [1968] INSC 247 (15 October 1968)

Judgement Date : 15 Oct 1968

Citation : 1968 Latest Caselaw 247 SC

CrPC Section 225. Trial to be conducted by Public Prosecutor
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

In relation to an investigation conducted in January 1958 concerning a different case, the appellant, who worked as a railway guard for the Eastern Railway, was discovered to have financial resources that were inconsistent with his known income sources. It was suspected that he acquired these financ...

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State of Maharashtra Vs. Mumbai Upnagar Gramodyog Sangh [1968] INSC 248 (15 October 1968)

Judgement Date : 15 Oct 1968

Citation : 1968 Latest Caselaw 248 SC

Bombay Municipal Corporation Act, 1888
Constitution of India
Societies Registration Act, 1860

Headnote :

To prevent the significant nuisance that could arise for local residents if the carcasses of dead animals are left on city premises, sections 367, 372, and 385 of the Bombay Municipal Corporation Act, 1888, as amended by Act 14 of 1961, impose a responsibility on the animal\'s owner, the person in c...

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Assistant Collector of Customs & ANR Vs. U.L.R. Malwani & ANR [1968] INSC 249 (16 October 1968)

Judgement Date : 16 Oct 1968

Citation : 1968 Latest Caselaw 249 SC

Constitution of India
CrPC Section 154. Information in cognizable cases
CrPC Section 161. Examination of witnesses by police
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 259. Power of court to convert summons-cases into warrant cases
CrPC Section 403. Option of court to hear parties
CrPC Section 94. Search of place suspected to contain stolen property, forged documents, etc

Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

The defendants were charged with conspiring in Bombay and other locations around early October 1959 to smuggle foreign goods into India. In furtherance of this conspiracy, they allegedly smuggled various foreign items during 1959 and 1960. The Customs authorities conducted an investigation during wh...

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Bahadur Singh & ANR Vs. Muni Subrat Dass & ANR [1968] INSC 250 (16 October 1968)

Judgement Date : 16 Oct 1968

Citation : 1968 Latest Caselaw 250 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The tenants on the ground floor of a building established a workshop there. M, the landlord\'s son who lived on the first floor, claimed that the workshop was a nuisance and caused him significant distress. M and the tenants decided to resolve the dispute through arbitration, although the landlord w...

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Mohan Meakin Breweries Ltd. Vs. Commissioner of Excise, Bihar & Ors [1968] INSC 251 (17 October 1968)

Judgement Date : 17 Oct 1968

Citation : 1968 Latest Caselaw 251 SC

Headnote :

The petitioner was a company that produced Indian-made foreign liquor in Himachal Pradesh and Uttar Pradesh, with sales depots located in Patna and Ranchi, Bihar. Prior to October 13, 1967, the company imported foreign liquor into Bihar from Himachal Pradesh and Uttar Pradesh for sale at its Patna a...

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Surja Vs. Hardeva & Ors [1968] INSC 252 (17 October 1968)

Judgement Date : 17 Oct 1968

Citation : 1968 Latest Caselaw 252 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

The appellant, a tenant of the respondent (a large landowner), applied to purchase the land he had been cultivating under Section 18 of the Punjab Security of Land Tenures Act, 1953. He claimed to have been in possession of the land for over six years and asserted that it was outside the reserved ar...

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Dhani Devi Vs. Sant Bihari & Ors [1968] INSC 253 (18 October 1968)

Judgement Date : 18 Oct 1968

Citation : 1968 Latest Caselaw 253 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant\'s husband was among those who applied for a permanent stage carriage permit for a route overseen by the North Bihar Regional Transport Authority. Following her husband\'s death while the application was still pending, the appellant inherited all of his transport vehicles. The Regional...

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J.K. Steel Ltd. Vs. Union of India [1968] INSC 254 (18 October 1968)

Judgement Date : 18 Oct 1968

Citation : 1968 Latest Caselaw 254 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant was a producer of iron and steel products, importing steel rods to manufacture steel wires. On April 24, 1962, the Finance Act (No. 2) 1962 introduced item 26AA in the Central Excise and Salt Act, 1944, imposing an excise duty on iron and steel products. This item stipulated that for w...

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Romesh Chandra Mehta Vs. State of West Bengal [1968] INSC 255 (18 October 1968)

Judgement Date : 18 Oct 1968

Citation : 1968 Latest Caselaw 255 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 96. Application to High Court to set aside declaration of forfeiture
Customs Act, 1962
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

The State of Bombay Vs. Kathi Kalu Oghad & Ors [1961] INSC 233 (4 August 1961)

Headnote :

The defendants faced charges for various offenses under Section 120-B of the Indian Penal Code in conjunction with Section 167(81) of the Sea Customs Act of 1878, Section 5 of the Import and Export Control Act of 1947, specific violations of the Sea Customs Act, and offenses under Sections 108 and 1...

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Dattaraya S/O Keshav Tawalay Vs. Shaikh Mahboob Shaikh All & ANR [1968] INSC 256 (24 October 1968)

Judgement Date : 24 Oct 1968

Citation : 1968 Latest Caselaw 256 SC

Headnote :

The appellant had secured a decree for possession of certain lands in a pre-emption case he filed against the respondents. The respondents\' appeal to the District Court was rejected. The District Court instructed the appellant to deposit the purchase money by a specified date and ordered the respon...

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Lalta & Ors Vs. State of Uttar Pradesh [1968] INSC 257 (25 October 1968)

Judgement Date : 25 Oct 1968

Citation : 1968 Latest Caselaw 257 SC

CrPC Section 403. Option of court to hear parties
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)

Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

The first appellant initiated legal proceedings based on a promissory note.Before the lawsuit was filed, the maker of the promissory note lodged a complaint against the appellants, claiming that they had coerced him into providing his thumbprints on several blank promissory note forms. The Magistrat...

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Almohan Das & Ors Vs. State of West Bengal [1968] INSC 258 (25 October 1968)

Judgement Date : 25 Oct 1968

Citation : 1968 Latest Caselaw 258 SC

CrPC Section 173. Report of police officer on completion of investigation
Indian Penal Code, 1860 (IPC)

Headnote :

Following a complaint lodged by the Registrar of Companies and an investigation conducted by the Police as directed by the Chief Presidency Magistrate in Calcutta, proceedings were initiated against the appellants for allegedly conspiring to commit criminal breach of trust concerning a company\'s fu...

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Hind Trading Company Vs. Union of India & ANR [1968] INSC 259 (28 October 1968)

Judgement Date : 28 Oct 1968

Citation : 1968 Latest Caselaw 259 SC

Customs Act, 1962

Headnote :

The appellant imported 165,000 Chinese silver dollars from Tibet via Sikkim State using two Reserve Bank import licenses. Due to the existence of two licenses, the dollars were split into two separate lots, one marked \'H.D.\' and the other \'H.N.\' The appellant submitted two applications, numbered...

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Sk. Piru Bux & Ors Vs. Kalandi Pati Rao & Ors [1968] INSC 260 (29 October 1968)

Judgement Date : 29 Oct 1968

Citation : 1968 Latest Caselaw 260 SC

CrPC Section 107. Security for keeping the peace in other cases

Headnote :

The Hindu respondents initiated a lawsuit against the Muslim appellants, seeking a declaration that the Hindu residents of their villages had the right to conduct both religious and non-religious processions, accompanied by appropriate music, along the roads and public highways in the villages, incl...

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Ramu Gope & Ors Vs. State of Bihar [1968] INSC 261 (29 October 1968)

Judgement Date : 29 Oct 1968

Citation : 1968 Latest Caselaw 261 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellants and one individual named H were tried for allegedly forming an unlawful assembly on July 2, 1962, with the intent to rescue their cattle, which had damaged the maize crop of a person named B. The villagers had detained the cattle, and in the process of attempting to rescue them, the a...

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Rattan Lal & Co. & ANR Vs. The Assessing Authority & ANR [1968] INSC 262 (29 October 1968)

Judgement Date : 29 Oct 1968

Citation : 1968 Latest Caselaw 262 SC

Central Sales Tax Act, 1956
Constitution of India
Punjab General Sales Tax Act, 1948

Headnote :

In the case of Bhawani Cotton Mills v. State of Punjab (1967) 3 S.C.R. 577, the Court invalidated the second proviso of section 5(1) and section 5(2)(a)(vi) of the Punjab General Sales Tax Act, 1948 for violating section 15 of the Central Sales Tax Act, 1955. This was because neither the Punjab Act...

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Motibhai Fulabhai Patel & Co. Vs. M/S. R. Prasad & Ors [1968] INSC 263 (30 October 1968)

Judgement Date : 30 Oct 1968

Citation : 1968 Latest Caselaw 263 SC

Headnote :

The appellants were tobacco merchants based in Baroda, Gujarat, and held Central Excise licenses in Forms L-2 and L-5 for the storage, sale, and processing of both duty-paid and non-duty paid tobacco. On December 23, 1958, while they were mixing tobacco in a warehouse containing duty-paid tobacco, t...

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Purshottam Das Vs. Smt. Raj Mani Devi [1968] INSC 264 (30 October 1968)

Judgement Date : 30 Oct 1968

Citation : 1968 Latest Caselaw 264 SC

Headnote :

The landlord-respondent received authorization from the Rent Control & Eviction Officer under section 3(1) of the U.P. (Temp.) Control of Rent and Eviction Act, 1947, to file a lawsuit for the eviction of the appellant-tenant from his property. The respondent initiated eviction proceedings against t...

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Nlrbhay Singh Vs. State of Madhya Pradesh [1968] INSC 265 (30 October 1968)

Judgement Date : 30 Oct 1968

Citation : 1968 Latest Caselaw 265 SC

CrPC Section 421. Warrant for levy of fine
CrPC Section 430. Return of warrant on execution of sentence

Headnote :

The appellant was tried for the death of his mother, which he caused by inflicting injuries with a spear. The Sessions Judge found the appellant guilty of culpable homicide not amounting to murder and sentenced him to seven years of rigorous imprisonment. He subsequently filed an appeal from prison,...

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Illias Vs. Collector of Customs, Madras [1968] INSC 266 (31 October 1968)

Judgement Date : 31 Oct 1968

Citation : 1968 Latest Caselaw 266 SC

CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
Customs Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Headnote :

The appellant, along with several others, faced charges for various offenses related to the transportation of gold. The confessional statements they made to customs authorities under sections 107 and 108 were intended to be presented as evidence during the trial. The issue at hand was whether the cu...

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Workmen of Shri Bajrang Jute Mills Ltd. Vs. Employers of Shri Bajrang Jute Mills Ltd. [1968] INSC 267 (31 October 1968)

Judgement Date : 31 Oct 1968

Citation : 1968 Latest Caselaw 267 SC

Headnote :

The Central Wage Board was established to create a wage structure grounded in the principle of fair wages for the Jute industry. To assess the industry\'s financial capacity, the Board chose 20 mills from West Bengal and 9 mills from other regions, representing a diverse sample of the industry. The...

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Union of India Vs. Jai Narain Misra [1968] INSC 268 (31 October 1968)

Judgement Date : 31 Oct 1968

Citation : 1968 Latest Caselaw 268 SC

Headnote :

The respondent, a building contractor, entered into a contract with the Government of India for the construction of certain flats. When disputes arose, they were referred to an arbitrator, who issued an award directing the Union of India to pay specific amounts to the respondent. The award included...

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