Caselaw | Supreme Court Judgements of august 1972

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Kelukutty & Ors Vs. Mammad & Ors [1972] INSC 159 (1 August 1972)

Judgement Date : 01 Aug 1972

Citation : 1972 Latest Caselaw 159 SC

Headnote :

The Thiyyas from the former Calicut Taluk are subject to the customary law known as Makkathayam. According to the Makkathayam inheritance rules, an undivided brother of a deceased individual inherits the deceased\'s self-acquired property before the wife and daughter of the deceased. Consequently, t...

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Borjahan Gorey Vs. The State of West Bengal [1972] INSC 160 (1 August 1972)

Judgement Date : 01 Aug 1972

Citation : 1972 Latest Caselaw 160 SC

CrPC Section 110. Security for good behaviour from habitual offenders

Headnote :

The petitioner was detained by an order from the District Magistrate of Howrah, in accordance with the Maintenance of Internal Security Act (26 of 1971). He was provided with the reasons for his detention and subsequently submitted a representation, which was reviewed by the authorities under the Ac...

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Inter State Transport Commission, New Delhi Vs. P. Manjunath Kamath & Ors [1972] INSC 161 (2 August 1972)

Judgement Date : 02 Aug 1972

Citation : 1972 Latest Caselaw 161 SC

Motor Vehicles Act, 1939

Headnote :

The Inter-State Transport Commission issued directives under section 63A (2) (c) of the Motor Vehicles Act of 1939, establishing a specific order of preference for the issuance of permits by the relevant authorities. The respondents, who had applied for permits for inter-State routes, were negativel...

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Madan Mohan Mondal Vs. The State of West Bengal [1972] INSC 162 (2 August 1972)

Judgement Date : 02 Aug 1972

Citation : 1972 Latest Caselaw 162 SC

Constitution of India

Headnote :

The petitioner was detained under sections 3(1)(a)(iii) and 3(2) of the Maintenance of Internal Security Act, 1971. His appeal to the State Government was denied 33 days after it was submitted. In a petition filed under Article 32 contesting his detention, the State Government attributed the delay t...

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R. L. Narasimham Vs. Union of India [1972] INSC 163 (4 August 1972)

Judgement Date : 04 Aug 1972

Citation : 1972 Latest Caselaw 163 SC

Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

M. and D., the former Chief Justices of the Allahabad High Court, filed a writ petition in the Allahabad High Court seeking appropriate writs and directions to challenge the determination of their pension in rupees. They requested that their pensions be recalculated in accordance with the Government...

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Public Prosecutor, Madras Vs. R. Raju & ANR [1972] INSC 164 (8 August 1972)

Judgement Date : 08 Aug 1972

Citation : 1972 Latest Caselaw 164 SC

Central Excises and Salt Act, 1944
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
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Sitaram Vs. State of Madhya Pradesh [1962] INSC 40 (5 February 1962)
Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

Section 40(2) of the Central Excises and Salt Act, 1944 states that no legal action, including suits or prosecutions, can be initiated, nor can any actions be taken or mandated under the Act, after six months have passed from the occurrence of the cause of action or from the date of the act or order...

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State of Jammu and Kashmir & Ors Vs. Haji Wali Mohammed & Ors [1972] INSC 165 (8 August 1972)

Judgement Date : 08 Aug 1972

Citation : 1972 Latest Caselaw 165 SC

Constitution of India

Headnote :

The buildings and structures where the respondents conducted their business were ordered to be demolished under section 129 of the Jammu and Kashmir Municipal Act, Samvat 2008. The respondents were given only 24 hours to dismantle the structures. Notices were not formally served to the respondents b...

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Jagdish Chander Chatterjee & Ors Vs. Sri Kishan & ANR [1972] INSC 166 (9 August 1972)

Judgement Date : 09 Aug 1972

Citation : 1972 Latest Caselaw 166 SC

Headnote :

The plaintiff (Respondent No. 1) initiated a lawsuit to evict his tenant, C, citing personal necessity as the reason. The defendant, C, argued that the landlord\'s need for the property was not genuine. The Munsif court in Ajmer ruled in favor of the landlord. However, upon appeal, the District Judg...

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State of Rajasthan & Ors Vs. Shri Noor Mohammad [1972] INSC 167 (9 August 1972)

Judgement Date : 09 Aug 1972

Citation : 1972 Latest Caselaw 167 SC

Motor Vehicles Act, 1939

Headnote :

The respondent applied to the Regional Transport Authority for a stage carriage permit for an inter-regional and inter-state route. However, the Regional Transport Authority refused to consider the application because the State Transport Authority had passed a resolution to assume the functions of t...

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Assistant Collector of Central Excise,Calcutta Division Vs. National Tobacco Co. of India Ltd. [1972] INSC 168 (9 August 1972)

Judgement Date : 09 Aug 1972

Citation : 1972 Latest Caselaw 168 SC

Headnote :

The respondent produces cigarettes at its factory, where the Assistant Collector of Central Excise in the Calcutta Division imposes Excise Duty. The rates of duty varied according to the Finance Acts of 1951 and 1956, as well as the Additional Duty of Excise (Goods of Special Importance) Act of 1957...

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State of Mysore Vs. Abdul Razak Sahib [1972] INSC 169 (11 August 1972)

Judgement Date : 11 Aug 1972

Citation : 1972 Latest Caselaw 169 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A notification pursuant to section 4 of the Land Acquisition Act, 1894 regarding land owned by the respondent was published in the official gazette of the Government of Mysore on August 17, 1961. However, the required local notices were not published until November 1 and 19 of 1961. According to sec...

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Samaresh Chandra Bose Vs. District Magistrate, Burdwan [1972] INSC 170 (14 August 1972)

Judgement Date : 14 Aug 1972

Citation : 1972 Latest Caselaw 170 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Members of the CPI(M) and some other individuals were accused of killing a driver affiliated with the CPI. Additionally, it was claimed that these individuals attacked a police team with bombs. The detention order was issued while they were still in custody. The detention was contested on several gr...

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Bishan Sarup Gupta Vs. Union of India & Ors [1972] INSC 171 (16 August 1972)

Judgement Date : 16 Aug 1972

Citation : 1972 Latest Caselaw 171 SC

S. G. Jaisinghani Vs. Union of India & Ors [1967] INSC 38 (22 February 1967)

Headnote :

The Supreme Court examined the applicability of Rule l(f)(iii) and (iv) of the seniority Rules for Income-Tax Officers (Class I Grade 11) and Rule 4 of the Board of Revenue Office Procedure Manual in the case of \"Jaisinghani\'s case\" [1967] (2) SCR 703. The Court dismissed the argument that these...

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Ayodhya Singh Vs. State of Rajasthan [1972] INSC 172 (16 August 1972)

Judgement Date : 16 Aug 1972

Citation : 1972 Latest Caselaw 172 SC

CrPC Section 239. When accused shall be discharged
Indian Penal Code, 1860 (IPC)
IPC Section 380. Theft in dwelling house, etc
IPC Section 411. Dishonestly receiving stolen property
IPC Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Headnote :

The appellant and another individual were found guilty under sections 457 and 380 in conjunction with section 75 of the Indian Penal Code by the Additional Munisiff Magistrate. The prosecution\'s case stated that on February 9, 1964, various gold and silver ornaments were stolen from a jeweler\'s ho...

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Jugal Kishore Prasad Vs. State of Bihar [1972] INSC 173 (16 August 1972)

Judgement Date : 16 Aug 1972

Citation : 1972 Latest Caselaw 173 SC

Constitution of India
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
Probation of Offenders Act, 1958

Headnote :

The appellant, who was under 21 years old, was found guilty of an offense under section 326, in conjunction with section 140 of the Indian Penal Code, and received a sentence of 3 years in prison. The issue at hand is whether he is eligible for the benefits of section 6 of the Probation of Offenders...

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Suna Ullah Butt Vs. State of Jammu & Kashmir & Ors [1972] INSC 174 (16 August 1972)

Judgement Date : 16 Aug 1972

Citation : 1972 Latest Caselaw 174 SC

Constitution of India

Headnote :

The petitioner was detained under sections 3(2) and 5 of the Jammu & Kashmir Preventive Detention Act of 1964 by an order issued by the District Magistrate. The grounds for detention provided to the petitioner indicated that he was employed by Pakistan Intelligence and had also recruited others to p...

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N. S. Vardachari Vs. G. Vasantra Pai & ANR [1972] INSC 175 (21 August 1972)

Judgement Date : 21 Aug 1972

Citation : 1972 Latest Caselaw 175 SC

Constitution of India
Representation of the People Act, 1950
Representation of the People Act, 1951

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

Headnote :

In 1967, the first respondent and S ran for election to fill a vacant seat in the Madras Legislative Council representing the City Graduates\' constituency. S was declared the winner, but the first respondent contested the election, arguing that (a) political parties were not allowed to sponsor cand...

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State of Gujarat Vs. Prakash Trading Co. Ahmedabad [1972] INSC 176 (22 August 1972)

Judgement Date : 22 Aug 1972

Citation : 1972 Latest Caselaw 176 SC

Bombay Sales Tax Act, 1959

Headnote :

Entry 28 of Schedule C of the Bombay Sales Tax Act, 1959, as amended by the Gujarat Act of 1962, relates to soaps. Entry 21A of Schedule E addresses toilet articles, excluding soap as defined in Entry 28 of Schedule C, while Entry 22 of Schedule E serves as a catch-all for all goods not specifically...

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R. Ramamurthi Iyer Vs. Raja Vs. Rajeswara Rao [1972] INSC 177 (22 August 1972)

Judgement Date : 22 Aug 1972

Citation : 1972 Latest Caselaw 177 SC

Code of Civil Procedure, 1908 (CPC)

Bijayananda Patnaik Vs. Satrughna Sahu & Ors [1963] INSC 70 (26 March 1963)

Headnote :

In a case concerning the partition of property between two co-owners, the plaintiff filed a motion with the Court under section 2 of the Partition Act, arguing that one of the properties, specifically a cinema house and its associated facilities, could not be divided by metes and bounds. Therefore,...

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Hukam Chand Etc, Vs. Union of India & Ors [1972] INSC 178 (22 August 1972)

Judgement Date : 22 Aug 1972

Citation : 1972 Latest Caselaw 178 SC

Constitution of India
Displaced Persons (Compensation and Rehabilitation) Rules, 1955
Income Tax Act, 1961

Headnote :

Rule 49 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, established under the authority of Section 40 of the Act, stipulated that displaced individuals with verified claims for agricultural land should, whenever feasible, receive compensation through the allocation of agricultu...

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Munshi Singh & Ors Vs. Union of India [1972] INSC 179 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 179 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

According to the U.P. (Regulation of Building Operations) Act, 1958, the U.P. Government issued a notification designating Ghaziabad as a regulated area under Section 3 of the Act. On July 16, 1960, the State Government issued a notification under Section 4 of the Land Acquisition Act, expressing it...

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Pala Singh & ANR Vs. State of Punjab [1972] INSC 180 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 180 SC

Constitution of India
CrPC Section 157. Procedure for investigations

Headnote :

The appellants, along with several other defendants, faced trial for murder under Section 302 of the Indian Penal Code and related charges. They were acquitted by the Sessions Judge. However, the High Court overturned this acquittal and convicted the appellants. In an appeal to this Court under Arti...

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Harinarayan & Ors Vs. Union of India & ANR [1972] INSC 181 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 181 SC

Union of India Vs. Kamlabhai Harjiwandas Parekh & Ors [1967] INSC 202 (7 September 1967)

Headnote :

The property in question was requisitioned by the Government of India starting from 17 July 1942, in accordance with Rule 75(A) of the Defence of India Rules, 1939. The Government retained possession of the property until it decided to acquire it in 1953. A dispute arose between the Government and t...

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N. Subba Rao Vs. Union of India & Ors [1972] INSC 182 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 182 SC

States Reorganisation Act, 1956

Headnote :

The State of Andhra Pradesh was established under the States Reorganisation Act of 1956, formed from the previous State of Andhra and the Telangana region of the former State of Hyderabad. The appellants were engineers employed by the Andhra State, and upon the creation of Andhra Pradesh, they conti...

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Sheoram Singh & ANR Vs. State of U.P [1972] INSC 183 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 183 SC

Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Seven individuals accused of a crime attacked a prosecution witness who had sought refuge in a house. The deceased and the prosecution witness went up to the roof of the house when one of the accused, the father of the appellant, demanded that the deceased hand over the prosecution witness, threaten...

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Commissioner of Income-Tax U.P. Lucknow Vs. M/S. Gangadhar Baijnath General Gang, Kanpur [1972] INSC 184 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 184 SC

Headnote :

A partnership known as the BJ-firm was established by six individuals, three of whom were partners in B-firm, which had a selling agency for S-company, and the other three were partners in J-firm, which held quota rights in S-company. There was no formal partnership deed, and the BJ-firm could be di...

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Jai Narain Vs. Municipal Corporation of Delhi [1972] INSC 185 (23 August 1972)

Judgement Date : 23 Aug 1972

Citation : 1972 Latest Caselaw 185 SC

Army Act, 1950
Indian Penal Code, 1860 (IPC)

Headnote :

The individual in question, an army officer, was accused of committing specific offenses under the Indian Penal Code and the Prevention of Corruption Act of 1947. These alleged offenses took place in 1962, and in 1967, the special judge in Gauhati formally charged him with these offenses. However, t...

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Delhi Special Police Establishment, New Delhi Vs. Lt. Col. S. K. Loraiya [1972] INSC 186 (24 August 1972)

Judgement Date : 24 Aug 1972

Citation : 1972 Latest Caselaw 186 SC

Army Act, 1950
Indian Penal Code, 1860 (IPC)

Headnote :

The individual in question, an army officer, was accused of committing specific offenses under the Indian Penal Code and the Prevention of Corruption Act of 1947. These alleged offenses took place in 1962, and in 1967, the special judge in Gauhati formally charged him with these offenses. However, t...

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State of Bihar Vs. Deokaran Nenshi [1972] INSC 187 (24 August 1972)

Judgement Date : 24 Aug 1972

Citation : 1972 Latest Caselaw 187 SC

Constitution of India
Factories Act, 1948
Mines Act, 1952

Headnote :

The respondents are the proprietors of a stone quarry located in Bombay.According to Regulation 3 of the Indian Metalliferrous Mines Regulations 1926, it is mandatory for the owner, agent, or manager of a mine to submit annual returns for the previous year to both the District Magistrate and the Chi...

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Minerals & Metals Trading Corporation Ofindia Ltd. Vs. Union of India & Ors [1972] INSC 188 (24 August 1972)

Judgement Date : 24 Aug 1972

Citation : 1972 Latest Caselaw 188 SC

Constitution of India

Headnote :

The appellant imported 200 metric tons of wolfram concentrate under a contract that specified a minimum content of 65% WO3 in the concentrate. The Customs authorities imposed a duty of 60% based on item 87 of the First Schedule. The appellant sought a refund, arguing that no duty should apply since...

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Ram Pershad Vs. Commissioner of Income-Tax, New Delhi [1972] INSC 189 (24 August 1972)

Judgement Date : 24 Aug 1972

Citation : 1972 Latest Caselaw 189 SC

Headnote :

The assessee served as the managing director of a company. According to Article 139 of the company\'s articles of association, the managing director is explicitly permitted to work for and enter into contracts with the company, act as an agent and manager, and perform other duties for the company un...

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Shaukat Hussain Alias Ali Akram & Ors Vs. Smt. Bhuneshwari Devi & Ors [1972] INSC 190 (25 August 1972)

Judgement Date : 25 Aug 1972

Citation : 1972 Latest Caselaw 190 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent secured a monetary decree against the appellants from the Subordinate Judge\'s Court in Gaya, which was operating under Small Cause Court jurisdiction. This decree was then transferred for execution to the Munsif 1st Court in Gaya. The judgment-debtors initiated a Title Suit in the Mu...

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Thakur Singh Vs. Ram Baran Singh & Ors [1972] INSC 191 (25 August 1972)

Judgement Date : 25 Aug 1972

Citation : 1972 Latest Caselaw 191 SC

Cess Act, 1880
Cess Act, 1880
Cess Act, 1880
Constitution of India
Section 77. TPA, Receipts in lieu of interest.
Section 83. TPA, Power to deposit in Court money due on mortgage.

Headnote :

The appellant-mortgagor offered the mortgage money owed to the mortgagees, but when the mortgagees refused to accept it, the appellant deposited the funds into court. Subsequently, the appellant initiated lawsuits for redemption and mesne profits. The mortgage deeds specified that: (i) the mortgagee...

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Income-Tax Officer, Gorakhpur Vs. Ram Prasad & Ors [1972] INSC 192 (28 August 1972)

Judgement Date : 28 Aug 1972

Citation : 1972 Latest Caselaw 192 SC

Headnote :

Respondent 1, the Karta, operated the family business under the name \"Ram Nath Ram Prasad\". The Income-Tax assessments for the assessment year 1944-45 and the excess profits tax assessment for the corresponding accounting period ending on October 28, 1943, were annulled by the Income-Tax Appellate...

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Calcutta Tramways Co. Ltd. Vs. Commissioner of Wealth Tax [1972] INSC 193 (28 August 1972)

Judgement Date : 28 Aug 1972

Citation : 1972 Latest Caselaw 193 SC

Constitution of India

Headnote :

The assessee was classified as a non-resident company under Explanation 2 to section 6 of the Wealth-tax Act, 1957, and was engaged in operating a tramway business in Calcutta. The Government of West Bengal intended to acquire this business and entered into an agreement with the assessee in 1957. Ac...

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R. M. Subbaraj Vs. Kodaikanal Motor Union (P) Ltd. [1972] INSC 194 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 194 SC

Motor Vehicles Act, 1939

Headnote :

The appellant and the respondent submitted applications to the Regional Transport Authority for six stage carriage permits. The Authority approved the issuance of one permit each for two of the six routes to the respondent. Subsequently, the appellant appealed to the State Transport Appellate Tribun...

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Aluminium Corporation of India Ltd. Vs. Commissioner of Income-Tax, West Bengal [1972] INSC 195 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 195 SC

Headnote :

According to clause (6) of the agreement between the assessee company and its Selling Agent, discounts were to be granted to the Selling Agents not only for sales made through them or their sub-agents but also for sales made directly by the principal. Clause (8) stipulated that the Agents were liabl...

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M/S. E. D. Sasoon & Co. Ltd. Bombay Vs. The C.I.T. Bombay City [1972] INSC 196 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 196 SC

Headnote :

The appellant company acquired the business of a partnership firm towards the end of 1920. The firm had operated as bankers, commission agents, representatives of joint stock companies, and dealers in shares, securities, and foreign exchange, both in India and abroad. Following the purchase agreemen...

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M. K. Brothers (P) Ltd. Vs. C.I.T. Kanpur [1972] INSC 197 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 197 SC

Constitution of India

Headnote :

In 1955, a corporation was owed a significant sum by a firm that was its exclusive selling agent. Following an agreement between the appellant (the corporation) and the firm, the appellant agreed to take on the firm\'s liability in exchange for being appointed the new sole selling agent. In 1956, an...

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Commissioner of Income-Tax Poona Vs. M/S. Manna Ramji & Co [1972] INSC 198 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 198 SC

Headnote :

The respondent operated a timber business from a location that included an office and six sheds. In 1944, the premises were requisitioned under the Defense of India Act for the purpose of storing food grains. However, at the respondent\'s request, the office room was released, allowing the appellant...

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Commissioner of Income-Tax, Gujarat Vs. Vadilal Lallubhai [1972] INSC 199 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 199 SC

Constitution of India

Headnote :

The taxpayer sold his shares in certain managing agency companies, and shortly after, those companies entered voluntary liquidation. As a result, the assets of these companies were distributed among the shareholders listed in the company registers, which included the new shareholders who had recentl...

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Sumat Prasad Jain Vs. Sheojanam Prasad & Ors [1972] INSC 200 (29 August 1972)

Judgement Date : 29 Aug 1972

Citation : 1972 Latest Caselaw 200 SC

IPC Section 479. Property mark
IPC Section 486. Selling goods marked with a counterfeit property mark
Trade and Merchandise Marks Act, 1958
Trade and Merchandise Marks Act, 1958

Headnote :

S., the respondent who passed away while the appeal was pending before the High Court, developed a formula for a fragrance called \'Basant Bahar\', which gained significant popularity. S. applied for the registration of the Trade Mark, but the application was denied due to certain technical issues.T...

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Dr. Jai Shanker Vs. State of Himachal Pradesh [1972] INSC 201 (30 August 1972)

Judgement Date : 30 Aug 1972

Citation : 1972 Latest Caselaw 201 SC

CrPC Section 464. Effect of omission to frame, or absence of, or error in, charge
IPC Section 303. Punishment for murder by life-convict

Headnote :

The appellant faced charges of murder in Kulu.His lawyer submitted a request to the Kulu Magistrate under Section 464 of the Code of Criminal Procedure, arguing that the accused exhibited signs of cognitive impairment and abnormal behavior, and requested that the appellant be transferred to a mental...

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