Caselaw | Supreme Court Judgements of september 1968

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Lakhi Prasad Agarwal Vs. Nathmal Dokania [1968] INSC 204 (6 September 1968)

Judgement Date : 06 Sep 1968

Citation : 1968 Latest Caselaw 204 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 107. Security for keeping the peace in other cases
Representation of the People Act, 1951

Headnote :

The election of the respondent to the Bihar Legislative Assembly during the 1967 general election was contested by the appellant, a defeated candidate, through an election petition. Attached as Annexure 2 to the petition was a pamphlet that was claimed to have been distributed by the respondent and...

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Third Income-Tax Officer, Mangalore Vs. M. Damodar Bhat [1968] INSC 205 (6 September 1968)

Judgement Date : 06 Sep 1968

Citation : 1968 Latest Caselaw 205 SC

Income Tax Act, 1961

Headnote :

the respondent filed a writ petition under Article 226 of the Constitution, contesting the validity of a notice issued under section 226(3) of the Income-tax Act, 1961, concerning tax owed for the assessment years 1960-61 to 1963-64, as well as a penalty for the assessment year 1962-63.For the asses...

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H.L. Sud, Income-Tax Officer, Bombay Vs. Tata Engineering & Locomotive Co. Ltd. [1968] INSC 206 (6 September 1968)

Judgement Date : 06 Sep 1968

Citation : 1968 Latest Caselaw 206 SC

Headnote :

The respondent company engaged in manufacturing in partnership with several non-resident German firms. For each assessment year up to 1961-62, the Income-tax Officer issued a notice to the respondent under section 43 of the Indian Income Tax Act, 1922, indicating his intention to classify the respon...

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Municipal Corporation, Indore Vs. Shri K.N. Palshikar, Indore [1968] INSC 207 (6 September 1968)

Judgement Date : 06 Sep 1968

Citation : 1968 Latest Caselaw 207 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant corporation, in line with its Road Widening Scheme, aimed to acquire a portion of land owned by the respondent. The respondent was dissatisfied with the compensation proposed by the appellant and that awarded by the arbitrators. Consequently, under sections 387(4) and (5) of the Madhya...

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Commissioner of Income-Tax, U.P. Vs. M/S. Madan Gopal Radhey Lal [1968] INSC 208 (6 September 1968)

Judgement Date : 06 Sep 1968

Citation : 1968 Latest Caselaw 208 SC

Headnote :

The taxpayer, who is engaged in trading shares and securities, included shares from various companies in its inventory.The taxpayer received bonus shares from these companies at different intervals, in proportion to its equity stake. The issue arose regarding whether the proceeds from the sale of th...

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Commissioner of Wealth-Tax, Madras Vs. Smt. Muthukrishna Ammal [1968] INSC 209 (6 September 1968)

Judgement Date : 06 Sep 1968

Citation : 1968 Latest Caselaw 209 SC

Wealth Tax Act, 1957

Headnote :

On January 1, 1943, and January 1, 1945, the respondent entered into two agreements to lease certain salt pans from the Government. Each lease was set to last for 25 years but could be terminated by either party at the end of any salt manufacturing season with proper notice. The respondent subleased...

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Commissioner of Income-Tax, Bangalore Vs. The Union of Tile Exports, Bangalore [1968] INSC 210 (10 September 1968)

Judgement Date : 10 Sep 1968

Citation : 1968 Latest Caselaw 210 SC

Headnote :

The assessee firm operated in Bangalore, located in the State of Mysore, which was classified as a Part B State at that time. It was designated as the exclusive selling agent for specific regions in Ceylon for tiles and ridges produced by the principal in Feroke, British India.As per the agreement b...

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Oriental Investment Co. (P) Ltd. Vs. Commissioner of Income Tax, Bombay [1968] INSC 211 (10 September 1968)

Judgement Date : 10 Sep 1968

Citation : 1968 Latest Caselaw 211 SC

Headnote :

During the assessment years 1940-41 to 1943-44, the assessee company asserted that it was an investor in shares and properties rather than a dealer. This assertion was dismissed by the Income Tax Officer, the Appellate Assistant Commissioner, and the Tribunal. Subsequently, the company sought a refe...

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Income Tax Officer Vs. M.K. Mohammed Kunhi [1968] INSC 212 (11 September 1968)

Judgement Date : 11 Sep 1968

Citation : 1968 Latest Caselaw 212 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 196. Using evidence known to be false

Headnote :

Certain penalties were levied on the assessee (respondent) under sections 271(1)(c) and 274(2) of the Income-tax Act, 1961, due to the concealment of income details and the provision of inaccurate information. The assessee filed appeals with the Appellate Tribunal and requested a stay on the recover...

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Vijay Cotton & Oil Mills Ltd. Vs. The State of Gujarat [1968] INSC 213 (11 September 1968)

Judgement Date : 11 Sep 1968

Citation : 1968 Latest Caselaw 213 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

In 1949, the Government acquired certain land owned by the appellant under an agreement to provide the appellant with other suitable lands of equal value in return. After constructing some buildings on the land, the Government opted for compulsory acquisition. On February 1, 1959, the Government iss...

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Joshbhai Chunibhai Patel Vs. Anwar Beg A. Mirza [1968] INSC 214 (13 September 1968)

Judgement Date : 13 Sep 1968

Citation : 1968 Latest Caselaw 214 SC

Representation of the People Act, 1951

Headnote :

The appellant contested the election of the respondent to the Gujarat State Legislative Assembly held in February 1967, arguing, among other things, that the respondent had engaged in corrupt practices as defined under section 123(5) of the Representation of the People Act, 1951. It was claimed that...

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Konappa Rudrappa Nadgouda Vs. Vishwanath Reddy & ANR [1968] INSC 215 (13 September 1968)

Judgement Date : 13 Sep 1968

Citation : 1968 Latest Caselaw 215 SC

Headnote :

The appellant and the respondent were competing candidates for a position in the State Legislative Assembly. The appellant contested the respondent\'s nomination before the Returning Officer, arguing that the respondent was disqualified under section 9A of the Representation of the People Act, 1951....

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Vidya Sagar Joshi Vs. Surinder Nath Gautam [1968] INSC 216 (13 September 1968)

Judgement Date : 13 Sep 1968

Citation : 1968 Latest Caselaw 216 SC

Representation of the People Act, 1951

Headnote :

The appellant sought a Congress ticket to run for election to the Legislative Assembly and made certain deposits, which, per Congress Party rules, were refundable if he was not selected. However, these deposits would be forfeited if he ran against the official Congress candidate. After being denied...

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Rev. Father W. Proost & Ors Vs. The State of Bihar & Ors [1968] INSC 217 (13 September 1968)

Judgement Date : 13 Sep 1968

Citation : 1968 Latest Caselaw 217 SC

Constitution of India

Headnote :

St. Xavier\'s College was founded by the Jesuits of Ranchi and became affiliated with Patna University in 1944. The college was managed by a governing body made up of 11 members. The Jesuit Mission authorities set the terms of service for the religious staff, while the governing body handled the app...

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Bengal Chemical & Pharmaceutical Works Ltd. Vs. Its Workmen [1968] INSC 218 (16 September 1968)

Judgement Date : 16 Sep 1968

Citation : 1968 Latest Caselaw 218 SC

Headnote :

In 1954, Bengal Chemical and Pharmaceutical Works Ltd. entered into an agreement with its employees regarding dearness allowance. In 1957, the Fifth Industrial Tribunal in Bengal set a new dearness allowance based on the cost of living index, which was recorded at 400.6 in May 1957. Both the company...

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Bibhuti Bhusan Das Gupta & ANR Vs. State of West Bengal [1968] INSC 219 (16 September 1968)

Judgement Date : 19 Sep 1968

Citation : 1968 Latest Caselaw 219 SC

CrPC Section 205. Magistrate may dispense with personal attendance of accused
Indian Penal Code, 1860 (IPC)
IPC Section 500. Punishment for defamation

Harbhajan Singh Vs. State of Punjab [1965] INSC 53 (2 March 1965)

Headnote :

In a defamation case, the Magistrate allowed the accused to be absent from personal appearance under section 540-A of the Criminal Procedure Code (Cr. P.C.) at the request of the accused. The accused\'s lawyer was examined under section 342 at the conclusion of the trial, leading to the conviction o...

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Management Shahdara (Delhi) Saharanpur Light Railway Co. Ltd. Vs. S.S. Railway Workers' Union [1968] INSC 220 (18 September 1968)

Judgement Date : 18 Sep 1968

Citation : 1968 Latest Caselaw 220 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Six months after the modified Standing Orders of the appellant came into effect, the respondent sought further changes to the Standing Orders under section 10(2) of the Industrial Employment (Standing Orders) Act, 1946, as amended in 1956. The certifying officer approved some of the requested modifi...

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Municipal Corporation of Delhi Vs. Kishan Das & ANR [1968] INSC 221 (19 September 1968)

Judgement Date : 19 Sep 1968

Citation : 1968 Latest Caselaw 221 SC

Delhi Development Act, 1957

Headnote :

The Commissioner of the appellant, the Municipal Corporation of Delhi, issued a notice to the respondents indicating that their building posed a risk to local residents and that they should carry out necessary repairs after obtaining the required approval. In response, the respondents submitted thei...

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V. Sanjeevaraya Mudaliar Vs. N.A. Raghavachary [1968] INSC 222 (19 September 1968)

Judgement Date : 19 Sep 1968

Citation : 1968 Latest Caselaw 222 SC

Headnote :

The respondent leased the backyard of a residential house in Madras to the appellant for a duration of five years through a registered lease deed. This backyard was comprised of vacant land. The lease deed permitted the appellant to boil and dry paddy on the land and allowed him to construct a tempo...

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Som Datt Datta Vs. Union of India & Ors [1968] INSC 223 (20 September 1968)

Judgement Date : 20 Sep 1968

Citation : 1968 Latest Caselaw 223 SC

Army Act, 1950
Army Rules, 1954
CrPC Section 174. Police to enquire and report on suicide, etc
CrPC Section 248. Acquittal or conviction
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

The petitioner, a Second Lieutenant in the army, was involved in a dispute between two groups of soldiers on September 1, 1965, which escalated into an altercation resulting in the stabbing and death of a soldier. The following day, September 2, 1965, the incident was reported to the Civil Police at...

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Hari Chand Aggarwal Vs. Batala Engineering Co. Ltd. [1968] INSC 224 (24 September 1968)

Judgement Date : 24 Sep 1968

Citation : 1968 Latest Caselaw 224 SC

Defence of India Act, 1962

Headnote :

According to a notification issued under section 40(1) of the Defence of India Act, 1962, the Central Government\'s authority regarding certain provisions of the Act, including section 29, was delegated to Collectors, District Magistrates, Deputy Commissioners, and political officers in Nefa. The Ad...

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M/S. Jaipur Udyog Ltd. & ANR Vs. Commissioner of Income-Tax, Delhi, Rajasthan& ANR [1968] INSC 225 (24 September 1968)

Judgement Date : 24 Sep 1968

Citation : 1968 Latest Caselaw 225 SC

Headnote :

The appellant submitted its tax returns for the assessment years 1954-55 through 1964-65. The Income-tax Officer completed the assessment orders for the years 1954-55 to 1959-60. While appeals to the Appellate Assistant Commissioner for those years and the assessment proceedings for the years 1960-6...

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Union of India Vs. Salween Timber Construction (India) & Ors [1968] INSC 226 (25 September 1968)

Judgement Date : 25 Sep 1968

Citation : 1968 Latest Caselaw 226 SC

Headnote :

There was a disagreement between the appellant and the respondent concerning the supply of timber. According to a clause in their contract stating that any questions or disputes arising from or related to the contract should be submitted to arbitration, the matter was referred to arbitration. One of...

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State Bank of India Vs. Rajendra Kumar Singh & Ors [1968] INSC 227 (25 September 1968)

Judgement Date : 25 Sep 1968

Citation : 1968 Latest Caselaw 227 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

The police seized 21 currency notes of Rs. 100 each from the Appellant Bank during an investigation into a case involving the third respondent, who was accused of cheating the first and second respondents. These currency notes were claimed to be part of the property obtained by the third respondent...

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Jaimal & ANR Vs. Financial Commissioner, Punjab & Ors [1968] INSC 228 (25 September 1968)

Judgement Date : 25 Sep 1968

Citation : 1968 Latest Caselaw 228 SC

Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887
Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Headnote :

The appellants, who had occupied certain agricultural lands as sub-tenants for over 30 years, submitted an application to purchase the lands under section 18 of the Punjab Security of Land Tenures Act, 1953. The final authority under the Act determined that the appellants were not eligible to purcha...

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Caltex (India) Ltd. Vs. Bhagwan Devi Marodia [1968] INSC 229 (26 September 1968)

Judgement Date : 26 Sep 1968

Citation : 1968 Latest Caselaw 229 SC

Section 55. Effect of failure to perform a fixed time, in contract in which time is essential

Headnote :

The respondent leased a plot of land to the appellant for a specified duration, with a provision in the lease agreement requiring the appellant to notify the respondent of any renewal within a designated timeframe. The appellant submitted the renewal request 12 days after the deadline. In response,...

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Mohd. Usman Military Contractor, Jhansi Vs. Union of India, Ministry of Defence [1968] INSC 230 (26 September 1968)

Judgement Date : 26 Sep 1968

Citation : 1968 Latest Caselaw 230 SC

Code of Civil Procedure, 1908 (CPC)
General Clauses Act, 1897

Headnote :

The appellant entered into a contract with the Government of India, which included an arbitration clause. The appellant made representations to the Government regarding payment for certain supplies under the contract and sought arbitration for disputes. On approximately July 10, 1958, the Government...

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Delhi Cloth & General Mills Co., Ltd. Vs. Workmen & Ors [1968] INSC 231 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 231 SC

Gwalior
Industrial Disputes Act, 1947

Headnote :

There are four textile units located in the Delhi region.These are the D.C.M., S.B.M., B.C.M., and A.T.M.The D.C.M. and S.B.M. operate under the same management and have shared a common retirement benefit scheme, including a gratuity scale, since 1940. All workers across the units received basic wag...

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Bhagwan Das Vs. Paras Nath [1968] INSC 232 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 232 SC

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

Headnote :

The appellant was a tenant of the respondent for a shop located in Agra, Uttar Pradesh. The respondent sought permission from the District Magistrate under section 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to file a lawsuit against the appellant for eviction from the shop....

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Harnath Singh Vs. State of Madhya Pradesh [1968] INSC 233 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 233 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 164. Recording of confessions and statements
Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 395. Punishment for dacoity
IPC Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Headnote :

The appellant, suspected of involvement in a dacoity, was presented for identification by witnesses during a test identification parade overseen by a Third Class Magistrate. The Magistrate documented the identification by a witness in Column 5 of the required form, and in Column 7, he noted addition...

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Workmen of The Indian Leaf Tobacco Development Compan Vs. Management of The Indian Leaf Tobacco Development Co. Ltd. [1968] INSC 234 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 234 SC

Industrial Disputes Act, 1947

Headnote :

the respondent was engaged in the business of buying, handling, and selling tobacco. By 1962, it operated 21 depots primarily focused on handling tobacco, with purchasing activities occurring on a limited scale. In 1963, the company announced the closure of 8 out of the 21 depots. This decision led...

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Manager, M/S. Pyarchand Kesarimal Ponwal Bidi Factory Vs. Omkar Laxman Thange & Ors [1968] INSC 235 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 235 SC

Headnote :

The appellant firm operated several factories, including one located in Kamptee, Vidharba, where its head office was also based. The Kamptee factory and the head office were regarded as distinct establishments, with the factory registered under the Factories Act and the head office under the C.P. an...

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Hardeodas Jagannath Vs. State of Assam & Ors [1968] INSC 236 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 236 SC

Headnote :

On April 15, 1948, the Government of India issued a notification extending the Assam Sales Tax Act of 1947 to the Administered Area in Shillong, as per section 4 of the Extra Provincial Jurisdiction Act of 1947. The instrument of accession, which transferred the administration of the Indian Princely...

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Hansraj Gordhandas Vs. H. H. Dave, Assistant Collector of Central Excise [1968] INSC 237 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 237 SC

Headnote :

The appellant, a textile dealer in Bombay, entered into an agreement with a registered cooperative society to weave yarn he supplied into cotton fabrics using power looms owned by the society\'s members. The society had obtained an L-4 license as mandated by the Central Excises and Salt Act of 1944....

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Satish Kumar & Ors Vs. Surinder Kumar & Ors [1968] INSC 238 (27 September 1968)

Judgement Date : 27 Sep 1968

Citation : 1968 Latest Caselaw 238 SC

Code of Civil Procedure, 1908 (CPC)
Registration Act, 1908
Registration Act, 1908

Headnote :

An arbitrator, appointed by both the appellants and the respondent, divided their immovable property valued at over Rs. 100. The arbitrator then filed an application under Section 14 of the Indian Arbitration Act, 1940, requesting the Court to recognize the award as a court order. The Court addresse...

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