Caselaw | Supreme Court Judgements of september 1970

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Jijabai Vithalrao Gajre Vs. Pathankhan & Ors [1970] INSC 172 (1 September 1970)

Judgement Date : 01 Sep 1970

Citation : 1970 Latest Caselaw 172 SC

Constitution of India
Hindu Minority and Guardianship Act, 1956

Headnote :

The appellant received a gift of land measuring 27 acres and 37 gunthas from her father. As the landowner, she issued a notice on March 31, 1962, to the tenant, indicating her intention to terminate his tenancy because she needed the land for her personal cultivation. On March 30, 1963, she submitte...

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Bajaj Auto Ltd. Vs. N. K. Firodia & ANR [1970] INSC 173 (4 September 1970)

Judgement Date : 04 Sep 1970

Citation : 1970 Latest Caselaw 173 SC

Headnote :

A group of shareholders, led by F, sought to have certain shares of the appellant company registered in their names, but the Directors declined to register these transfers.During an appeal by the F group of respondents to the Company Law Board regarding this refusal, the Board requested the appellan...

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Sheikh Mohd. Omer Vs. Collector of Customs, Calcutta & Ors [1970] INSC 174 (4 September 1970)

Judgement Date : 04 Sep 1970

Citation : 1970 Latest Caselaw 174 SC

Customs Act, 1962

Headnote :

The appellant, a horse breeder, imported a mare named \"Jury Maid\" into India for breeding purposes. However, the customs authorities raised objections, claiming that the importation of the mare violated the provisions of the Imports and Exports (Control) Act of 1947, leading to the confiscation of...

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State Bank of Travancore Vs. Elias Elias & Ors [1970] INSC 175 (4 September 1970)

Judgement Date : 04 Sep 1970

Citation : 1970 Latest Caselaw 175 SC

Banking Regulation Act, 1949

Headnote :

The respondent was performing the role of a civil agent at a bank, fulfilling clerical duties and receiving a clerk\'s salary. Following a merger plan established by the Reserve Bank under section 45(4)(d)(ii) of the Banking Regulation Act, 1949, the bank merged with the State Bank of Travancore. Th...

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O. N. Mahindroo Vs. Distt. Judge, Delhi & ANR [1970] INSC 176 (4 September 1970)

Judgement Date : 04 Sep 1970

Citation : 1970 Latest Caselaw 176 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant was a lawyer at this Court. On February 29, 1964, the District Judge of Delhi lodged a complaint against him with the Bar Council of the State of Delhi, claiming that he had damaged a document by tearing off two pieces while reviewing a judicial record in the courtroom, in the presence...

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New Central Jute Mills Co. Ltd. Vs. The Assistant Collector of Central Excise, Allahabad & Ors [1970] INSC 177 (8 September 1970)

Judgement Date : 08 Sep 1970

Citation : 1970 Latest Caselaw 177 SC

Customs Act, 1962
Delhi Laws Act, 1912

Headnote :

The appellant company operated a factory in Varanasi where it produced chemicals, including ammonia. The Central Excise authorities suspected that the company had evaded duty on ammonia. Consequently, the Assistant Collector of Central Excise issued a warrant to search and seize goods and documents,...

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Shankar Madhoji Nemade Vs. Chisuji Janaji Bhadke & Ors [1970] INSC 178 (8 September 1970)

Judgement Date : 08 Sep 1970

Citation : 1970 Latest Caselaw 178 SC

Ramchandra Vs. Tukaram & Ors [1965] INSC 164 (24 August 1965)

Headnote :

Section 9(6) of the Berar Regulation of Agricultural Leases Act, 1951, along with rule 9 of the associated Rules, mandates that a landholder who terminates a protected lease on the basis that the land is needed for personal cultivation must actually cultivate the land themselves for a duration of 2...

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R. L. Butail Vs. Union of India & Ors [1970] INSC 179 (8 September 1970)

Judgement Date : 08 Sep 1970

Citation : 1970 Latest Caselaw 179 SC

Headnote :

The appellant, an electrical engineer, began his career with the Simla Electricity Board in 1934. In 1949, his employment was transferred to the Central Electricity Commission, which was later renamed the Central Water and Power Commission (Power Wing). He was promoted to the position of Director in...

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Shiv Lal & Ors Vs. Chet Ram & Ors [1970] INSC 180 (9 September 1970)

Judgement Date : 09 Sep 1970

Citation : 1970 Latest Caselaw 180 SC

Redemption of Mortgages (Punjab) Act, 1913
Redemption of Mortgages (Punjab) Act, 1913

Headnote :

Representatives of the mortgagors initiated lawsuits to redeem certain mortgages that were over 60 years old. To overcome the limitation period, the plaintiffs cited specific acknowledgments made by the mortgagors. These acknowledgments were claimed to have occurred more than 30 years ago during mut...

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Erach F. D. Mehta Vs. Minoo F. D. Mehta [1970] INSC 181 (9 September 1970)

Judgement Date : 09 Sep 1970

Citation : 1970 Latest Caselaw 181 SC

Headnote :

The partnership deed between the appellant and the respondent included a clause stating that \"all disputes and questions whatsoever that may arise during the partnership or afterwards between the partners regarding the partnership agreement, including the division of assets, debts, or liabilities,\...

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Madhu Limaye & ANR Vs. Ved Murti & Ors [1970] INSC 182 (10 September 1970)

Judgement Date : 10 Sep 1970

Citation : 1970 Latest Caselaw 182 SC

Headnote :

R was permitted to intervene in a petition for a writ of habeas corpus under Article 32 of the Constitution. At his request, he was allowed to speak to the court in Hindi; however, both parties\' counsel and several judges on the Bench struggled to understand his arguments. The court requested that...

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Jt. Family of Mukund Das Raja Bhagwan Dass &Sons Vs. State Bank of Hyderabad [1970] INSC 183 (10 September 1970)

Judgement Date : 10 Sep 1970

Citation : 1970 Latest Caselaw 183 SC

Headnote :

Section 11 of the Hyderabad Jagirdar Settlement Act, 1952, allows a creditor or a Jagirdar (debtor) to approach the Board established under the Act for the resolution of debts owed by the Jagirdar.Applications for this purpose must be submitted by June 30, 1953, as specified in the section; if no ap...

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Magraj Patodia Vs. R. K. Birla & Ors [1970] INSC 184 (10 September 1970)

Judgement Date : 10 Sep 1970

Citation : 1970 Latest Caselaw 184 SC

Representation of the People Act, 1951

Ram Dayal Vs. Brijraj Singh & Ors [1969] INSC 133 (30 April 1969)
Rananjaya Singh Vs. Baijnath Singh & Ors [1954] INSC 82 (29 September 1954)

Headnote :

The appellant contested the election of the first respondent to the Lok Sabha in 1967, primarily arguing that the first respondent engaged in corrupt practices as defined under Section 123(6) of the Representation of the People Act, 1951, by incurring or authorizing expenditures that exceeded the li...

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State of Gujarat & ANR Vs. M/S. Krishna Cinema & Ors [1970] INSC 185 (10 September 1970)

Judgement Date : 10 Sep 1970

Citation : 1970 Latest Caselaw 185 SC

Bombay Reorganisation Act, 1960

Headnote :

The Bombay Cinemas (Regulation) Act 11 of 1953, along with its associated rules, was extended to the State of Gujarat through the Bombay Reorganisation Act, 1960.According to Section 3 of Act 11 of 1953, films may only be shown in licensed venues. Section 4(3) designates the District Magistrate as t...

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State of Orissa & ANR Vs. Kalinga Construction Co. (P) Ltd. [1970] INSC 186 (11 September 1970)

Judgement Date : 11 Sep 1970

Citation : 1970 Latest Caselaw 186 SC

Headnote :

The tender submitted by the respondent Company for the excavation and placement of earth on the right dyke of the Hirakud Dam received provisional approval from the Government in December 1951.Work commenced in February 1952, and a formal contract was signed in March 1953. Initially, the earthwork w...

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Ram Jas Vs. State of U.P [1970] INSC 187 (11 September 1970)

Judgement Date : 11 Sep 1970

Citation : 1970 Latest Caselaw 187 SC

CrPC Section 342. Power to order court
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

Headnote :

The appellant, along with four others, faced charges under Section 120B of the Indian Penal Code (I.P.C.) and Sections 420, 511, 467, 468, and 471 in conjunction with Section 120B of the I.P.C. The trial court found the appellant guilty and imposed a cumulative sentence of three years of rigorous im...

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Bai Chanchal & Ors Vs. Syed Jalaluddin & Ors [1970] INSC 188 (11 September 1970)

Judgement Date : 11 Sep 1970

Citation : 1970 Latest Caselaw 188 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondents\' predecessors in interest leased a parcel of land in 1895 for a period of 49 years at an annual rent of Rs. 199. This lease was permissive, allowing the lessees to build houses, rent them out, or utilize the land in any way they chose. During the lease term, the original lessees tra...

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Hatti Vs. Sunder Singh [1970] INSC 189 (11 September 1970)

Judgement Date : 11 Sep 1970

Citation : 1970 Latest Caselaw 189 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Headnote :

According to Section 13 of the Delhi Land Reforms Act, 1954, a tenant was recognized as a bhumidhar of land owned by the respondent. The respondent subsequently filed a lawsuit in the Civil Court, arguing that the issuance to the appellant was unlawful and that he should be recognized as the bhumidh...

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Raj Narain Vs. Supdt. Central Jail, New Delhi [1970] INSC 190 (11 September 1970)

Judgement Date : 11 Sep 1970

Citation : 1970 Latest Caselaw 190 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 149. Police to prevent cognizable offences
CrPC Section 170. Cases to be sent to Magistrate when evidence is sufficient
CrPC Section 344. Summary procedure for trial for giving false evidence
CrPC Section 61. Form of summons

Headnote :

R was apprehended on August 20, 1970, under sections 107/117 of the Code of Criminal Procedure and was placed in judicial custody by the City Magistrate of Lucknow. A habeas corpus petition was submitted to this Court, which on August 22, 1970, directed that R be transferred to Tihar Central Jail in...

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Shiv Kirpal Singh Vs. Shri V. V. Giri [1970] INSC 191 (14 September 1970)

Judgement Date : 14 Sep 1970

Citation : 1970 Latest Caselaw 191 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
General Clauses Act, 1897
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 171C. Undue influence at elections
IPC Section 171G. False statement in connection with an election
IPC Section 499. Defamation
Presidential and Vice-Presidential Elections Act, 1952
Representation of the People Act, 1950
Representation of the People Act, 1951

Ranjit Singh Vs. Pritam Singh & Ors [1966] INSC 39 (8 February 1966)
Inder Lal Vs. Lal Singh [1962] INSC 48 (8 February 1962)
Ram Dial Vs. Sant Lal & Ors [1959] INSC 50 (23 April 1959)

Headnote :

The election for the President of India that took place in August 1969 was contested through five election petitions submitted to this Court. The primary issue for consideration was whether the distribution of an anonymous pamphlet containing defamatory remarks about one of the candidates, as allege...

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State of Bihar & Ors Vs. Shiva Bhikshuk Mishra [1970] INSC 192 (14 September 1970)

Judgement Date : 14 Sep 1970

Citation : 1970 Latest Caselaw 192 SC

Constitution of India

Headnote :

The respondent served as a Sergeant in the Bihar Police Force until July 31, 1946. On August 1, 1946, he was promoted to act in the higher position of Subedar. In January 1948, while still officially a Sergeant, he was temporarily promoted to Subedar Major. In October 1950, the Commandant of the Bih...

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Prakash Chand Agarwal & Ors Vs. M/S. Hindustan Steel Ltd. [1970] INSC 193 (15 September 1970)

Judgement Date : 15 Sep 1970

Citation : 1970 Latest Caselaw 193 SC

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

Headnote :

The High Court issued a certificate allowing an appeal to this Court in a case where it annulled the ex-parte decree in the suit and reinstated the suit in the trial court.HELD: The certificate provided by the High Court was premature and lacked authority.Due to the annulment of the decree, the suit...

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India Electric Works Ltd. Vs. James Mantosh & ANR [1970] INSC 194 (15 September 1970)

Judgement Date : 15 Sep 1970

Citation : 1970 Latest Caselaw 194 SC

Headnote :

The plaintiff initiated a lawsuit seeking rent for certain properties, covering the period up to the date of the lawsuit and future rent as damages. The trial court fully granted the claim; however, the High Court rejected the request for future damages solely on the basis that, in a straightforward...

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Jai Narain Misra Vs. State Bihar & Ors [1970] INSC 195 (15 September 1970)

Judgement Date : 15 Sep 1970

Citation : 1970 Latest Caselaw 195 SC

Headnote :

The Director of Agriculture in the respondent-State retired, prompting the State Government to contact the Public Service Commission. They requested the Commission to select one of the 14 officers listed in the accompanying letter for promotion to the position of Director. The letter indicated that...

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Nagar Panchayat, Una Vs. Una Taluka Sahakari Kharid Vechan Sangh Ltd. [1970] INSC 196 (17 September 1970)

Judgement Date : 17 Sep 1970

Citation : 1970 Latest Caselaw 196 SC

Headnote :

The Appellant, Nagar Panchayat, Una, a local governing body, was established under the Gujarat Panchayat Act of 1961, which took effect on April 1, 1963. Before this legislation, the Bombay Municipal Act of 1901, as applicable to Saurashtra, governed the area that is now part of Gujarat, leading to...

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Guntur Municipal Council Vs. Guntur Town Rate Payers' Association [1970] INSC 197 (18 September 1970)

Judgement Date : 18 Sep 1970

Citation : 1970 Latest Caselaw 197 SC

The Corporation of Calcutta Vs. Sm. Padma Debi & Ors [1961] INSC 239 (8 August 1961)

Headnote :

The appellant Municipal Council carried out a general revision of the rental values for houses and buildings within the municipality, in accordance with section 82(2) of the Madras District Municipalities Act, 1920, for the purpose of tax assessment.The issue at hand is whether the appellant is obli...

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Hansraj Bagrecha Vs. State of Bihar & Ors [1970] INSC 198 (18 September 1970)

Judgement Date : 18 Sep 1970

Citation : 1970 Latest Caselaw 198 SC

Central Sales Tax Act, 1956
Constitution of India

State of Madras Vs. N. K. Nataraja Mudaliar [1968] INSC 108 (18 April 1968)

Headnote :

According to section 5A of the Bihar Sales Tax Act of 1959, as amended by the Bihar Finance Act of 1966, a purchase tax on goods declared under section 3A was to be imposed at the point of purchase from individuals who are not registered dealers.On September 14, 1966, the Governor of Bihar issued a...

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S.R Rajagopalaswami Naidu Vs. Bank of Karaikudi Ltd. [1970] INSC 199 (22 September 1970)

Judgement Date : 22 Sep 1970

Citation : 1970 Latest Caselaw 199 SC

Section 67A. TPA, Mortgagee when bound to bring one suit on several mortgages.
Usurious Loans Act, 1918

Headnote :

The appellant mortgaged his property located at No. 162A West Masi Street, Madurai Town for Rs. 45,000 with the respondent Bank on October 14, 1950. In January 1952, the appellant and his wife took a loan of Rs. 25,000 and jointly signed a promissory note. The wife provided her title deeds for the p...

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A.Peeriakaruppan, Vs. State of Tamil Nadu & Ors [1970] INSC 200 (23 September 1970)

Judgement Date : 23 Sep 1970

Citation : 1970 Latest Caselaw 200 SC

Constitution of India

Headnote :

In the academic year 1970-71, the process for selecting candidates for various medical colleges in Tamil Nadu was conducted on a \'unit-wise\' basis. Under this system, the medical colleges located in Madras were grouped as one unit, while each of the other medical colleges in the rural areas was tr...

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K. A. Abbas Vs. The Union of India & ANR [1970] INSC 201 (24 September 1970)

Judgement Date : 24 Sep 1970

Citation : 1970 Latest Caselaw 201 SC

Cinematograph Act, 1952
Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner created a documentary titled \"A Tale of Four Cities,\" which aimed to highlight the disparity between the wealthy and the impoverished in the four major cities of the country. The film featured scenes from the red light district in Bombay. Although the petitioner sought a \'U\' Certi...

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Naresh Chandra Sanyal Vs. Calcutta Stock Exchange Association Ltd. [1970] INSC 202 (25 September 1970)

Judgement Date : 25 Sep 1970

Citation : 1970 Latest Caselaw 202 SC

Section 74. Compensation of breach of contract where penalty stipulated for

Headnote :

According to the articles of association of the Calcutta Stock Exchange Association Ltd., the Committee is empowered under Article 21 to expel or suspend a member if they refuse to comply with the Committee\'s decisions regarding matters outlined in the articles or the bye-laws. As per Article 22, a...

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Bansidhar Shankarlal Vs. Mohd. Ibrahim & ANR [1970] INSC 203 (25 September 1970)

Judgement Date : 25 Sep 1970

Citation : 1970 Latest Caselaw 203 SC

Constitution of India

Headnote :

The first respondent initiated legal proceedings in the Court of the Subordinate Judge Alipore seeking a decree for ejectment concerning land occupied by a company. The court ruled in favor of the suit. Prior to the decree, the company secured a loan from the appellant and mortgaged its fixed assets...

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Bhajan Lal Vs. State of Punjab & Ors [1970] INSC 204 (28 September 1970)

Judgement Date : 28 Sep 1970

Citation : 1970 Latest Caselaw 204 SC

Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

The appellant filed an ejectment proceeding under section 14A of the Punjab Security of Land Tenures Act, 1953. However, before any orders were issued regarding this application, the tenant commenced a proceeding under section 18 to exercise his right to purchase the land. Ultimately, both proceedin...

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Dy. Chief Controller of Imports & Exports New Delhi Vs. K. T. Kosalram & Ors [1970] INSC 205 (29 September 1970)

Judgement Date : 29 Sep 1970

Citation : 1970 Latest Caselaw 205 SC

State of West Bengal Vs. Motilal Kanoria [1966] INSC 76 (15 March 1966)

Headnote :

According to Section 3 of the Imports and Exports Act of 1947, the Central Government has the authority to issue an Order published in the Official Gazette to prohibit, restrict, or control the import, export, transportation, or shipment of goods of a specified type. The Central Government enacted t...

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V.L.Rohlua Vs. Dy. Commr. Aijal, Distt. Mizo [1970] INSC 206 (29 September 1970)

Judgement Date : 29 Oct 1970

Citation : 1970 Latest Caselaw 206 SC

CrPC Section 344. Summary procedure for trial for giving false evidence
Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner resided in the Mizo District and was apprehended by the Armed Forces under section 4(c) of the Armed Forces (Assam & Manipur) Special Powers Act, 1958. He was transferred to the Civil Authorities on March 2, 1968, approximately two months after his arrest. Subsequently, two criminal c...

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Rajanikant Vs. State of Maharashtra [1970] INSC 207 (30 September 1970)

Judgement Date : 30 Sep 1970

Citation : 1970 Latest Caselaw 207 SC

CrPC Section 410. Withdrawal of cases by Judicial Magistrates

Headnote :

The appellant was found guilty by the Trial Court of offenses under Sections 326 and 324 of the Indian Penal Code for intentionally causing serious injury with a dangerous weapon to one individual, and for causing injury to three others. He received a four-year prison sentence for the conviction und...

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D. N. Roy AND S. K. Bannerjee & Ors Vs. State of Bihar & Ors [1970] INSC 208 (30 September 1970)

Judgement Date : 30 Oct 1970

Citation : 1970 Latest Caselaw 208 SC

Mineral Concession Rules, 1960

Headnote :

The respondent-State issued a mining lease to the appellant. The 5th respondent, whose application was denied, approached the Central Government under rule 54 of the Mineral Concession Rules, 1960, requesting (i) the annulment of the lease granted to the appellant, and (ii) the issuance of a lease f...

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