Caselaw | Supreme Court Judgements of march 1969

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Shivashankar Prasad Shah & Ors Vs. Baikunth Nath Singh & Ors [1969] INSC 61 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 61 SC

Bihar Land Reforms Act, 1950
Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.

Headnote :

After a preliminary decree was obtained by the appellants (mortgagees of an Estate including both Bakasht lands and other lands), the Bihar Land Reforms Act, 1950 came into force. The appellant filed petition for passing final decree. The Estate mortgaged vested in the State as a result of a notific...

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Malojirao Narasinghrao Shitole Vs. The State of Madhya Pradesh [1969] INSC 62 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 62 SC

Headnote :

Section 29 of the Madhya Bharat Abolition of Jagirs Act 28 of 1951 provided for appeals against orders of the Jagir Commissioner to the Board of Revenue. The appeal was to be filed within 90 days of the communication of the decision to the party concerned. The Act did not in terms contain any provis...

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Mohammad Ismail, Vs. Nanney Lal [1969] INSC 63 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 63 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The U.P. (Temporary) Control of Rent & Eviction Act, 1947, restricts the rights of landlords to institute suits for eviction of their tenants to cases covered by s. 3 (1) (a) to (g) except with the permission of the District Magistrate. The District Magistrates order granting the permission is e...

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N. Vs. Narendranath Vs. Commissioner of Wealth Tax, Andhra Pradesh,Hyderabad [1969] INSC 64 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 64 SC

Wealth Tax Act, 1957

Headnote :

In respect of his assessment to wealth tax for the assessment years 1957-58, 1958-59 and 1959-60, the appellant filed returns in the status of a Hindu Undivided Family. His family at the material time consisted of himself, his wife and two minor daughters. The appellant claimed to be assessed in...

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V. P. Gopala Rao Vs. Public Prosecutor, Andhra Pradesh [1969] INSC 65 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 65 SC

Headnote :

The appellant who was the manager-cum-occupier of a company's establishment at Eluru was prosecuted for operating a factory without obtaining a licence as required by the Factories Act, 1948 and the Andhra Pradesh Factory Rules, 1950. The company had its main factory at Bombay. In the company...

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Western U.P. Electric Power & Supplycompany Ltd. Vs. State of U.P. & ANR [1969] INSC 66 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 66 SC

Constitution of India
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The appellant hold a licence under s. 3(1) of the Indian Electricity Act, 1910 to supply electricity in certain areas in the State of U.P. The 3rd respondent was a factory manufacturing electrical equipment in the appellant's area of supply, and was receiving energy from the appellant. The 3rd r...

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Commissioner of Income-Tax, Bihar Vs. Ramniklal Kothari [1969] INSC 67 (7 March 1969)

Judgement Date : 07 Mar 1969

Citation : 1969 Latest Caselaw 67 SC

Headnote :

The respondent was carrying on business in diverse lines as a partner in four different firms. For the assessment years 1955-56 and 1956-57 he declared his share of profits from the four firms and claimed deductions made up of salary and bonus to staff, expenses for maintenance and depreciation of m...

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Arati Paul Vs. The Registrar, Original Side, High Court Calcutta & Ors [1969] INSC 68 (10 March 1969)

Judgement Date : 10 Mar 1969

Citation : 1969 Latest Caselaw 68 SC

Headnote :

When a partition suit and connected testamentary suit were pending before a Judge on the original side of the High Court of Calcutta, the parties filed an agreement before the Judge and got it recorded that the matters in dispute in both the suits were to be referred to the sole arbitration of that...

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State of Maharashtra Vs. Baishankar Avalram Joshi & ANR [1969] INSC 69 (10 March 1969)

Judgement Date : 10 Mar 1969

Citation : 1969 Latest Caselaw 69 SC

Bombay Reorganisation Act, 1960
Constitution of India

Headnote :

The first respondent while he was holding the post of a Senior Jailor in March, 1954, was suspended on the allegations that he had committed certain acts of misappropriation and maltreatment of prisoners. After January, 1955. A show cause notice was then issued to him to which he replied by a writte...

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Shaik Mohammad Umar Saheb Vs. Kalaskar Hasham Karimsab & Ors [1969] INSC 70 (11 March 1969)

Judgement Date : 11 Mar 1969

Citation : 1969 Latest Caselaw 70 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Maharashtra Municipalities Act, 1965
Representation of the People Act, 1951

Headnote :

The first respondent challenged the appellant's election to the Sangli City Municipality held in June 1967 under the Maharashtra Municipalities Act, 1965. It was alleged that the respondent had published and circulated pamphlets containing defamatory statements against the respondent and in part...

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Beohar Rajendra Sinha & Ors Vs. State of M.P. & Ors [1969] INSC 71 (11 March 1969)

Judgement Date : 11 Mar 1969

Citation : 1969 Latest Caselaw 71 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, who was at the time the Karta of a Hindu Joint Family, gave notice in January, 1954, to the respondent State under section 80 of the Civil Procedure Code. Thereafter a suit was filed in July, 1954, by which time a partition had taken place in the family. In view of this the appellant&...

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Praduman Kumar Vs. Virendra Goyal [1969] INSC 72 (11 March 1969)

Judgement Date : 11 Mar 1969

Citation : 1969 Latest Caselaw 72 SC

Section 114. TPA, Relief against forfeiture for non-payment of rent.
Section 4. TPA, Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.

Namdeo Lokman Lodhi Vs. Narmadabai & Ors [1953] INSC 15 (27 February 1953)

Headnote :

In a lease of land, it was covenanted that in the event of default of payment of rent for two consecutive years, the tenancy rights will stand forfeited. As the rent remain due and in arrears for two years, the landlord filed a suit for the eviction of the tenants and for payment of the arrears of r...

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Giani Ram & Ors Vs. Ramji Lal & Ors [1969] INSC 73 (11 March 1969)

Judgement Date : 11 Mar 1969

Citation : 1969 Latest Caselaw 73 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956

Headnote :

J, a Hindu Jat governed by the Punjab Customary Laws, sold without legal. necessity, in 1916, a fourth share of his ancestral land to one S. Under the Punjab, Customary Laws females could not challenge a sale of ancestral property by a male owner. J's son G, in suit No. 75 of 1920 obtained a dec...

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Heavy Engineering Mazdoor Union Vs. The State of Bihar & Ors [1969] INSC 74 (12 March 1969)

Judgement Date : 12 Mar 1969

Citation : 1969 Latest Caselaw 74 SC

Industrial Disputes Act, 1947

Headnote :

The Heavy Engineering Corporation Limited was incorporated under the Companies Act and its entire share capital contributed by the Central Government. It was therefore a Government Company under s. 617 of the Companies Act. its Memorandum and Articles conferred large powers on the Central Government...

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Goppulal Vs. Thakurji Shriji Shriji Dwarkadheeshji & ANR [1969] INSC 75 (12 March 1969)

Judgement Date : 12 Mar 1969

Citation : 1969 Latest Caselaw 75 SC

Headnote :

The respondent-landlord let out to the appellant four shops and later one let out to him two more shops. The respondent filed a suit alleging that subsequent to the letting of the shops, by a contract, the rent was consolidated and increased and that the shops were sub-let by the appellant, so the a...

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Commissioner of Income-Tax, Bihar & Orissa,Patna Vs. M/S. Kirkend Coal Company [1969] INSC 76 (12 March 1969)

Judgement Date : 12 Mar 1969

Citation : 1969 Latest Caselaw 76 SC

Headnote :

The respondent was a firm on which penalty under s. 28(1)(c) of the Indian Income-tax Act, 1922 was imposed by the Income-tax Officer in respect of the assessment year 1948 49. At the time when the penalty was imposed the constitution of the firm had changed though the same business was continued...

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Swaran Lata Ghosh Vs. H. K. Banerjee & ANR [1969] INSC 77 (12 March 1969)

Judgement Date : 12 Mar 1969

Citation : 1969 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

After the death of the appellant's husband who was an attorney-at law, the first respondent filed a suit on the original side of the Calcutta High Court against the appellant and her minor son, for a decree for Rs. 15,000 and interest claiming that the amount was deposited with the appellant'...

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State of Uttar Pradesh & Ors Vs. Shah Mohammad & ANR [1969] INSC 78 (13 March 1969)

Judgement Date : 13 Mar 1969

Citation : 1969 Latest Caselaw 78 SC

Citizenship Rules, 1956

Headnote :

Respondent No. 1 was born in undivided India on July 3, 1934. He went to Pakistan in October 1950. In 1953 he obtained a visa from the Indian High Commission in Pakistan and came to India on July 22, 1953. After the expiry of his period of stay he sought permanent settlement in India. On May 6, 1955...

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Amritsagar Gupta & Ors Vs. Sudesh Behari Lal & Ors [1969] INSC 79 (13 March 1969)

Judgement Date : 13 Mar 1969

Citation : 1969 Latest Caselaw 79 SC

Headnote :

A suit between J the father of appellants and B the father of respondents, each claiming possession of the suit properties on the strength of an alleged gift deed in his favour, was decreed in favour of J and the decree was confirmed by this Court. After various attempts by B and after his death by...

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Kartar Singh Vs. Chaman Lal & Ors [1969] INSC 80 (14 March 1969)

Judgement Date : 14 Mar 1969

Citation : 1969 Latest Caselaw 80 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The predecessor-in-interest of the respondents who was a practicing advocate, took on rent certain premises for residence. He could with the written consent of the appellant-landlord set up his professional office also there. After the death of their predecessor-in-interest the respondents lived in...

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Netherlands Steam Navigation Company Ltd. Vs. The Commissioner of Income-Tax, West Bengal [1969] INSC 81 (14 March 1969)

Judgement Date : 14 Mar 1969

Citation : 1969 Latest Caselaw 81 SC

Headnote :

The appellant is a non-resident shipping company with its local office in Calcutta. For its assessment to income-tax for the years 1952-53 to 1956-57 the appellant filed returns disclosing taxable income computed on the basis of its annual turn-over in its Indian trade but did not furnish particular...

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S. Jhansi Lakshmi Bai & Ors Vs. Pothana Apparao & Ors [1969] INSC 82 (17 March 1969)

Judgement Date : 17 Mar 1969

Citation : 1969 Latest Caselaw 82 SC

Indian Succession Act, 1925

Headnote :

A Hindu executed a will directing his wife to sell, Sch. C property and utilise the amount for celebrating the marriage of one Sitharathnam and for constructing a Ramamandiram in his name, and further devised that his wife shall enjoy Sch. E property absolutely and after her life-time whatever remai...

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Jai Jai Ram Manohar Lal Vs. National Building Material Supply, Gurgaon [1969] INSC 83 (17 March 1969)

Judgement Date : 17 Mar 1969

Citation : 1969 Latest Caselaw 83 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Manoharlal s/o Jai Jai Ram commenced an action in the Court of the Subordinate Judge, for valuer of timber supplied to the defendant. The action was instituted in the name of 'Jai Jai Ram Manohar Lal' which was the name in which the business was carried on. The plaintiff signed and verified...

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Ranjit Chandra Chowdhury Vs. Mohitosh Mukherjee [1969] INSC 84 (17 March 1969)

Judgement Date : 17 Mar 1969

Citation : 1969 Latest Caselaw 84 SC

Section 113. TPA,Waiver of notice to quit.

Ganga Dutt Murarka Vs. Kartik Chandra Das & Ors [1961] INSC 46 (10 February 1961)

Headnote :

The agreement of tenancy between the landlord and tenant of certain premises provided that the monthly rent was to be paid on or before the 7th of each month. For the months of September 1954 to April 1955 the rent was paid beyond the agreed date. In August 1955, a notice determining the tenancy was...

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Tulsipur Sugar Company Ltd. Vs. State of U.P. & Ors [1969] INSC 85 (18 March 1969)

Judgement Date : 18 Mar 1969

Citation : 1969 Latest Caselaw 85 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947

Headnote :

The Central Wage Board for sugar industry had recommended revised wage scales, revised categories and fitment of workmen into those, scales and categories as from November 1, 1960. The State Government had 'accepted those recommendations fully including the date of implementation. The appella...

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Town Municipal Council, Athani Vs. Presiding Officer, Labour Court, Hubli & Ors [1969] INSC 86 (20 March 1969)

Judgement Date : 20 Mar 1969

Citation : 1969 Latest Caselaw 86 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947
Limitation Act, 1963
Minimum Wages Act, 1948
Minimum Wages Act, 1948
Payment of Wages Act, 1936
Payment of Wages Act, 1936

Headnote :

Applications, in which the claim of the workmen of the appellant for computation of their benefit in respect of over-time work and work done on weekly off-days, were entertained by the Labour Court, under s. 33C(2) of the Industrial Disputes Act, 1947. The Labour Court computed the amounts due to th...

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Balak Singh Vs. Waqf Alee Allah Kayam Karda Ahmad Ullahkhan Saheb [1969] INSC 87 (20 March 1969)

Judgement Date : 20 Mar 1969

Citation : 1969 Latest Caselaw 87 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant was the tenant of the respondent Wakf. The respondent obtained a decree for arrears of rent against the appellant but failed to execute it by attachment of crops as they had already been removed by the appellant. The respondent then made an application under s. 168 of the U.P. Tenan...

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Mani Mani & Ors Vs. Mani Joshua [1969] INSC 88 (21 March 1969)

Judgement Date : 21 Mar 1969

Citation : 1969 Latest Caselaw 88 SC

Headnote :

By a settlement deed of 1935, the owner of certain properties settled three items of property on his wife and two sons, the first appellant and respondent one item for each. Mutations were effected of the properties so settled in favour of the donees. Thereafter, he had executed three wills. In his...

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Shri Vidya Prachar Trust Vs. Pandit Basant Ram [1969] INSC 89 (21 March 1969)

Judgement Date : 21 Mar 1969

Citation : 1969 Latest Caselaw 89 SC

East Punjab Urban Rent Restriction Act, 1949
Punjab Relief of Indebtedness Act, 1934
Punjab Relief of Indebtedness Act, 1934
Punjab Relief of Indebtedness Act, 1934
Punjab Urban Rent Restriction Act, 1947

Headnote :

The appellant landlord made an application under s. 13 of the East Punjab Urban Rent Restriction Act, 1949 for the respondent's eviction from certain premises on the ground that the -rent 'for the premises from October 1959 to June 1961 had -not been paid. On the first day of hearing the res...

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Khemchand Dayalji & Co. Vs. Mohammedbhai Chandbhai [1969] INSC 90 (24 March 1969)

Judgement Date : 24 Mar 1969

Citation : 1969 Latest Caselaw 90 SC

Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Provincial Small Cause Courts Act, 1887
Provincial Small Cause Courts Act, 1887

Headnote :

Jurisdiction to try suits and proceedings between landlords and tenants under the Bombay Rents, Hotel and Lodging House Rates Control Act 57 of 1947 was by virtue of s. 28 of the Act given to Small Cause Courts. Under s. 49 of the Act the State Government was authorised to make rules for the purpose...

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Digyadarsan Rajendra Ramdassji Varu Vs. State of Andhra Pradesh & ANR [1969] INSC 91 (26 March 1969)

Judgement Date : 26 Mar 1969

Citation : 1969 Latest Caselaw 91 SC

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

Headnote :

On November 18, 1968, fourteen charges under s. 46(1) of the Andhra Pradesh Charitable and Hindu Religious institutions and Endowments Act, 1966, were preferred against the petitioner who was the Mathadhipathi of Sri Swami Hathiramji Math, Tirupathi-Thirumalla. Under s. 46(3) he was suspended from h...

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Rev. Mons. Sebastiao Francisco Xavier Dos.Remedios Monte Vs. State of Goa [1969] INSC 92 (26 March 1969)

Judgement Date : 26 Mar 1969

Citation : 1969 Latest Caselaw 92 SC

Citizenship Act, 1955
Geneva Conventions Act, 1960

Headnote :

The Geneva Conventions Act 6 of 1960 was passed by the Indian Parliament to enable effect to be given to the International Conventions done at Geneva in 1949. India and Portugal have both signed and ratified the Conventions. The four Conventions were adopted in as many Schedules to the Act. 'Mc...

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Collector of Customs & Ors Vs. M/S. Soorajmull Nagarmull & ANR [1969] INSC 93 (28 March 1969)

Judgement Date : 28 Mar 1969

Citation : 1969 Latest Caselaw 93 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent filed suits against the Collector of Customs and the Union of India claiming refund of excess customs duty levied on spindle oil imported into India. The trial court granted decrees against the Union of India for the amounts charged in excess. As the respondent had large out standings...

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A.V. S. Narasimha Rao & Ors Vs. The State of Andhra Pradesh & ANR [1969] INSC 94 (28 March 1969)

Judgement Date : 28 Mar 1969

Citation : 1969 Latest Caselaw 94 SC

Constitution of India

Headnote :

The Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957 in pursuance of cl. (3) of Art. 16 of the Constitution of India making special provision for requirement as to residence in public employment. Section 3 of the Act gave the power to make rules in respect of certain...

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Sub-Divisional Officer, Sadar, Faizabad Vs. Shambhoo Narain Singh [1969] INSC 95 (31 March 1969)

Judgement Date : 31 Mar 1969

Citation : 1969 Latest Caselaw 95 SC

Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

Headnote :

The respondent was elected as Pradhan of a Goan Sabha in Uttar Pradesh. The appellant-government by an order suspended the respondent, and pending enquiry, directed the respondent to give charge to the up-pradhan. The respondent filed a writ petition in the High Court challenging the order. The High...

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Mohd. Hussain Umar Kochra Vs. K. S. Dalipsinghji & ANR [1969] INSC 96 (31 March 1969)

Judgement Date : 31 Mar 1969

Citation : 1969 Latest Caselaw 96 SC

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

Headnote :

The appellants along with certain other accused were tried for the offence of'-criminal conspiracy to import and deal in gold punishable under s. 120B of the Indian Penal Code read with s. 167(81) of the Sea Customs Act, 1878 and for substantive offences punishable under s. 167(81). Having been...

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