Caselaw | Supreme Court Judgements of november 1973

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Dilbagh Rai Jarry Vs. Union of India & Ors [1973] INSC 198 (5 November 1973)

Judgement Date : 05 Nov 1973

Citation : 1973 Latest Caselaw 198 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 509. Word, gesture or act intended to insult the modesty of a woman
Payment of Wages Act, 1936
Payment of Wages Act, 1936

Headnote :

The appellant, a Railway Guard, was found guilty and sentenced for an offense under Section 509 of the Indian Penal Code. The High Court upheld his conviction. However, upon appeal, this Court overturned the conviction and acquitted him. In the meantime, the appellant was dismissed from his position...

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University of Kashmir & Ors Vs. Mohd. Yasin & Ors [1973] INSC 199 (5 November 1973)

Judgement Date : 05 Nov 1973

Citation : 1973 Latest Caselaw 199 SC

Headnote :

The respondent began his career at Jammu and Kashmir University in 1963 as a contract lecturer and was subsequently promoted to professor, also on a contract basis. His appointment required adherence to the university\'s statutes and regulations. During the extension of his probation as a professor,...

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State of Uttar Pradesh & ANR Vs. Anand Swarup [1973] INSC 200 (6 November 1973)

Judgement Date : 06 Nov 1973

Citation : 1973 Latest Caselaw 200 SC

Transfer of Property Act, 1882

Headnote :

The District Magistrate of Ghaziabad (defendant-appellant) issued a notice to the plaintiff (respondent) under section 3 of the U.P. Government Premises (Rent Recovery and Eviction) Act, 1952, instructing him to vacate the government premises, which the defendant claimed were occupied by the plainti...

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Krishan Gopal Vs. Shri Prakash Chandra & Ors [1973] INSC 201 (8 November 1973)

Judgement Date : 08 Nov 1973

Citation : 1973 Latest Caselaw 201 SC

Constitution of India
Gwalior
Representation of the People Act, 1951

Headnote :

Article 224A of the Constitution states that, despite any provisions in Chapter V of Part VI, the Chief Justice of a High Court in any State may, with the prior consent of the President, request any individual who has previously served as a judge of that Court or any other High Court to sit and act...

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M/S. Lokenath Tolaram Vs. B. N. Rangwani & Ors [1973] INSC 202 (8 November 1973)

Judgement Date : 08 Nov 1973

Citation : 1973 Latest Caselaw 202 SC

Customs Act, 1962

Headnote :

According to section 110(1) of the Customs Act, 1962, excise authorities are permitted to seize goods if the proper officer has reasonable grounds to believe that the goods are subject to confiscation.Section 124(a) stipulates that no confiscation order can be issued unless the owner of the goods or...

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Kuso Sah Vs. The State of Bihar & Ors [1973] INSC 203 (8 November 1973)

Judgement Date : 08 Nov 1973

Citation : 1973 Latest Caselaw 203 SC

Constitution of India

Motilal Jain Vs. State of Bihar & Ors [1968] INSC 83 (27 March 1968)

Headnote :

The petitioner was detained under a detention order issued on April 2, 1973, by the District Magistrate of Monghyr, aimed at preventing the petitioner from \"acting in any manner detrimental to the maintenance of public order and the preservation of essential supplies and services for the community....

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Damodar Valley Corporation Vs. K. K. Kar [1973] INSC 204 (12 November 1973)

Judgement Date : 12 Nov 1973

Citation : 1973 Latest Caselaw 204 SC

Headnote :

Due to the respondent\'s failure to meet the contract terms, the appellant terminated the contract and imposed certain penalties as stipulated. Subsequently, the appellant waived these penalties and made payments to the respondent. The appellant argued that these payments, along with the return of t...

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Ramchandra Shankar Deodhar & Ors Vs. The State of Maharashtra & Ors [1973] INSC 205 (12 November 1973)

Judgement Date : 12 Nov 1973

Citation : 1973 Latest Caselaw 205 SC

Constitution of India
Government of India Act, 1935
States Reorganisation Act, 1956

Headnote :

The petitioners were Tahsildars from the former state of Hyderabad. Following the establishment of the new state of Bombay, which incorporated territories from various existing states, including Hyderabad, the States Reorganisation Act of 1956 facilitated the alignment of posts and the determination...

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State of Gujarat Vs. C. G. Desai & Ors [1973] INSC 206 (13 November 1973)

Judgement Date : 13 Nov 1973

Citation : 1973 Latest Caselaw 206 SC

Constitution of India

Headnote :

Respondent No. 1 served as a Deputy Engineer from May 16, 1955, to December 3, 1959, in the Public Works Department of the former State of Bombay. Following this, he was selected through a competitive examination and appointed to a position in the B.S.F. Class-11 Service. According to the Engineerin...

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Laljee Dubey & Ors Vs. Union of India & Ors [1973] INSC 207 (13 November 1973)

Judgement Date : 13 Nov 1973

Citation : 1973 Latest Caselaw 207 SC

Constitution of India

Union of India Vs. K. P. Joseph & Ors [1972] INSC 263 (27 October 1972)

Headnote :

The appellants were employed as checkers at the Government Harness and Saddlery Factory in Kanpur, where their responsibilities were primarily clerical. The issue of officially designating checkers who performed clerical work was brought to the attention of a committee known as the \"Kalyanwala Comm...

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Ramashankar Kaushik & ANR Vs. Election Commission of India & ANR [1973] INSC 208 (14 November 1973)

Judgement Date : 14 Nov 1973

Citation : 1973 Latest Caselaw 208 SC

Headnote :

The PSP and SSP were national parties represented by the election symbols \'Hut\' and \'Tree\', respectively. In May 1971, the two parties merged to form the \'United Party\', which was later referred to as the Socialist Party. The Election Commission was notified of this merger, and in November 197...

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Bhupal Chandra Ghosh Vs. ANR Ali & Ors [1973] INSC 209 (15 November 1973)

Judgement Date : 15 Nov 1973

Citation : 1973 Latest Caselaw 209 SC

The State of Bombay Vs. Atma Ram Sridhar Vaidya [1951] INSC 5 (25 January 1951)

Headnote :

The petitioner was held under section 3(2) in conjunction with section 3(1)(a)(ii) of the Maintenance of Internal Security Act, 1971, aimed at preventing him from engaging in activities detrimental to the \"maintenance of public order.\" One of the reasons cited was that the petitioner \"represented...

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Baradakanta Mishra Vs. The Registrar of Orissa High Court & ANR [1973] INSC 210 (19 November 1973)

Judgement Date : 19 Nov 1973

Citation : 1973 Latest Caselaw 210 SC

Constitution of India
Contempt of Courts Act, 1971
Government of India Act, 1935

Headnote :

The appellant, a judicial officer, was found guilty and sentenced under the Contempt of Courts Act, 1971, by a Full Bench of the Orissa High Court in the case of Registrar of Orissa High Court v. Bardakanta Mishra & Ors. I.L.R. [1973] Cuttack 134.The appellant\'s tenure as a judicial officer was...

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A.S. Karthikeyan Vs. State of Kerala & ANR [1973] INSC 211 (20 November 1973)

Judgement Date : 20 Nov 1973

Citation : 1973 Latest Caselaw 211 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

Section 43 of the Motor Vehicles Act, 1939 stipulates that the State Government may periodically issue directives to the State Transport Authority concerning the establishment of fares and freights for stage carriages and public transport. Furthermore, Section 44(3) mandates that the State Transport...

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State of Uttar Pradesh & Ors Vs. Sughar Singh [1973] INSC 212 (22 November 1973)

Judgement Date : 22 Nov 1973

Citation : 1973 Latest Caselaw 212 SC

Constitution of India

Headnote :

The respondent, who serves as a permanent Head Constable in the U.P. Police Force, was appointed in 1961 as an officiating Platoon Commander within the combined cadre of Sub Inspector, Armed Police, and Platoon Commander. In 1966, a negative entry was recorded in his character roll, leading to his r...

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Kaur Sain Vs. The State of Punjab [1973] INSC 213 (23 November 1973)

Judgement Date : 23 Nov 1973

Citation : 1973 Latest Caselaw 213 SC

CrPC Section 342. Power to order court
CrPC Section 54. Examination of arrested person by medical officer
IPC Section 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
IPC Section 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees

Headnote :

The Judicial Magistrate found the appellant guilty under Section 9 of the Opium Act for possessing more than 1 Kg. of opium without a license, sentencing him to 8 months of rigorous imprisonment and imposing a fine of Rs. 500/-. This conviction and sentence were upheld by the Sessions Judge on appea...

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E. P. Royappa Vs. State of Tamil Nadu & ANR [1973] INSC 214 (23 November 1973)

Judgement Date : 23 Nov 1973

Citation : 1973 Latest Caselaw 214 SC

Constitution of India
Indian Administrative Service (Cadre) Rules, 1954

Headnote :

The petitioner was an officer in the Indian Administrative Service assigned to the Tamil Nadu cadre. In November 1969, when the position of Chief Secretary for the State became vacant, the petitioner was selected for the role due to being the most qualified candidate. The draft order for the appoint...

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Shree Meenakshi Mills Ltd. Vs. Union of India [1973] INSC 215 (26 November 1973)

Judgement Date : 26 Nov 1973

Citation : 1973 Latest Caselaw 215 SC

Constitution of India
Cotton Textiles (Control) Order, 1948
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Government of India Act, 1935

Chintaman Rao Vs. The State of Madhya Pradesh [1950] INSC 29 (8 November 1950)

Headnote :

Due to an exceptionally low cotton harvest, cotton prices surged dramatically, leading to a noticeable decline in yarn production. In early 1973, yarn prices began to rise, particularly for fine and super fine counts. The power-loom and hand-loom sectors, which accounted for 47.1% of the country\'s...

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Sakal Deep Sahai Srivastava Vs. Union of India & ANR [1973] INSC 216 (27 November 1973)

Judgement Date : 27 Nov 1973

Citation : 1973 Latest Caselaw 216 SC

Government of India Act, 1935
Limitation Act, 1963

Jai Chand Sawhney Vs. Union of India [1969] INSC 322 (31 October 1969)

Headnote :

The appellant, previously serving as Assistant Office Superintendent, was promoted to Office Superintendent but was soon reverted back after a charge sheet was issued without conducting an inquiry. Despite this, he continued to carry out the responsibilities of Office Superintendent. A few months la...

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Superintendent And Remembrancer of Legal Affairs, West Vs. Birendra Chandra Chakravarty [1973] INSC 217 (27 November 1973)

Judgement Date : 27 Nov 1973

Citation : 1973 Latest Caselaw 217 SC

Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The respondent was found guilty and sentenced by the Additional Chief Presidency Magistrate, acting as trustee and agent for Saila Bala Devi, for committing criminal breach of trust by selling 3 bighas of land to the trustees of Ashoka Trust and misappropriating the profits, thus violating section 4...

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Aher Bhagu Jetha Vs. The State of Gujarat [1973] INSC 218 (27 November 1973)

Judgement Date : 27 Nov 1973

Citation : 1973 Latest Caselaw 218 SC

Headnote :

A riot, reportedly stemming from communal tensions, led to the death of an individual. The trial court found the appellant and several others guilty under Section 302 in conjunction with Section 149 of the Indian Penal Code (I.P.C.). However, upon appeal, the High Court convicted only the appellant...

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Baburao Bagaji Karemore & Ors Vs. Govind & Ors [1973] INSC 219 (27 November 1973)

Judgement Date : 27 Nov 1973

Citation : 1973 Latest Caselaw 219 SC

Representation of the People Act, 1951

Headnote :

The first respondent was declared elected to the Maharashtra Legislative Assembly after receiving the highest number of votes.His election was contested by four voters on various allegations of corrupt practices under section 100 in conjunction with subsections 1, 2, 3, 3A, 4, 5, and 6 of section 12...

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Sukh Ram Vs. State of U. P [1973] INSC 220 (28 November 1973)

Judgement Date : 28 Nov 1973

Citation : 1973 Latest Caselaw 220 SC

IPC Section 34. Acts done by several persons in furtherance of common intention

Kartar Singh Vs. State of Punjab [1961] INSC 189 (26 April 1961)
Kartar Singh & Ors Vs. The State of Punjab [1956] INSC 32 (26 April 1956)

Headnote :

The appellant, along with two co-defendants, faced trial for an offense under Section 302 of the Indian Penal Code (I.P.C.) in conjunction with Section 34 of the I.P.C. The Sessions Judge acquitted one of the defendants, while the High Court acquitted another; however, the appellant was found guilty...

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Ram Autar Lal Jain Vs. Minister of Transport & Ors [1973] INSC 221 (28 November 1973)

Judgement Date : 28 Nov 1973

Citation : 1973 Latest Caselaw 221 SC

Code of Civil Procedure, 1908 (CPC)
Indian Succession Act, 1925
Motor Vehicles Act, 1939

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

Headnote :

If an applicant for a stage carriage permit under Chapter IV of the Motor Vehicles Act, 1939 passes away before the Regional Transport Authority has considered their application, the heirs or legal representatives of the deceased do not have the right to take over the application and pursue it on be...

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Laxman & Ors Vs. State of Maharashtra [1973] INSC 222 (28 November 1973)

Judgement Date : 28 Nov 1973

Citation : 1973 Latest Caselaw 222 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

In the case tried under section 302 in conjunction with section 34 of the Indian Penal Code, one Sopan was found guilty based on the testimony of Sudam, the sole eyewitness. During cross-examination, Sudam acknowledged that he had not mentioned to either the Executive Magistrate or the Committing Ma...

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Gujarat Electricity Board Vs. Ahmedabad Electricity Co. Ltd. & Ors [1973] INSC 223 (28 November 1973)

Judgement Date : 28 Nov 1973

Citation : 1973 Latest Caselaw 223 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

The Amalgamated Electricity Co. Ltd. Vs. N. S. Bathena [1959] INSC 13 (13 February 1959)

Headnote :

In September 1963, the respondent company notified the appellant-Board and the State Government of its plan to revise electricity rates for specific reasons. Both the State Government and the Board expressed their dissatisfaction with the justification for this revision. Nevertheless, the respondent...

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Rattan Lal Gupta & Ors Vs. Suraj Bhan & Ors [1973] INSC 224 (29 November 1973)

Judgement Date : 29 Nov 1973

Citation : 1973 Latest Caselaw 224 SC

Motor Vehicles Act, 1939

Headnote :

There were two overlapping bus routes: a shorter one and a longer one. In 1950, the capacity for the stage carriage permit on the shorter route was set at 17. In July 1958, the Regional Transport Authority (RTA) decided to extend the shorter route by approximately six miles, which became known as th...

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Qudrat Ullah Vs. Municipal Board, Barelly [1973] INSC 225 (29 November 1973)

Judgement Date : 29 Nov 1973

Citation : 1973 Latest Caselaw 225 SC

General Clauses Act, 1897
Section 105. TPA, Lease defined.
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Indira Sohanlal Vs. Custodian of Evacuee Property, Delhi & Ors [1955] INSC 57 (28 October 1955)

Headnote :

The appellant\'s father had been collecting \"tahbazari\" dues under a contract with the Municipal Board. According to the contract, the contractor had the right to use sheds and shops as the Municipal Board, as the owner, would, and was authorized to rent them out to sub-tenants. Additionally, the...

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Krishnawati Vs. Hans Raj [1973] INSC 226 (29 November 1973)

Judgement Date : 29 Nov 1973

Citation : 1973 Latest Caselaw 226 SC

Delhi Rent Control Act, 1958

Headnote :

The appellant entered into a lease for shop premises with the respondent. Since the lease began, a chemist\'s business was operated in the shop by S, with occasional assistance from the appellant. The respondent was aware that S and the appellant were living together as if they were married. The res...

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Nagindas Ramdas Vs. Dalpatram Ichharam @ Brijram & Ors [1973] INSC 227 (30 November 1973)

Judgement Date : 30 Nov 1973

Citation : 1973 Latest Caselaw 227 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The landlord, who is the respondent, filed a lawsuit under the Bombay Rent Act seeking possession from the tenant, the appellant, based on two reasons: non-payment of rent and a genuine need for the premises for personal use. A compromise decree was issued. When the appellant sought to execute this...

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