Caselaw | Supreme Court Judgements of april 1975

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Dinanath Pansari Vs. Collector & D. M. Keonjhar & ANR [1975] INSC 84 (1 April 1975)

Judgement Date : 01 Apr 1975

Citation : 1975 Latest Caselaw 84 SC

Headnote :

The detention order issued on July 6, 1974, by the District Magistrate of Keonjhar, Orissa, stated that the District Magistrate was convinced that it was necessary to prevent the petitioner from engaging in any activities that could harm the maintenance of essential supplies and services for the com...

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Lala Balmukund (Dead) Through L.Rs. Vs. Lajwanti & Ors [1975] INSC 85 (1 April 1975)

Judgement Date : 01 Apr 1975

Citation : 1975 Latest Caselaw 85 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A lawsuit was initiated by Roshan Lal and two others in the Court of Munsif Havali, Lucknow against Balmukund and another party, seeking the dissolution of a partnership, an accounting of profits, and recovery of funds. The Munsif delivered his judgment on 30-10-1956, stating:\"Defendant No. 1, Lala...

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Commissioner of Sales-Tax, U.P. Vs. Mangal Sen Shyam Lal [1975] INSC 86 (2 April 1975)

Judgement Date : 02 Apr 1975

Citation : 1975 Latest Caselaw 86 SC

Headnote :

The dealer, who is the respondent, was assessed in July 1948. In January 1960, the Sales Tax Officer sent a letter to the Sales Tax Commissioner highlighting an error in the assessment order. Subsequently, in April 1960, the Commissioner submitted a Revision Application under section 10 of the Act....

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Dhanraj Vs. Smt. Suraj Bai [1975] INSC 87 (3 April 1975)

Judgement Date : 03 Apr 1975

Citation : 1975 Latest Caselaw 87 SC

Hindu Adoptions and Maintenance Act, 1956

Headnote :

According to Section 6(ii) of the Hindu Adoption and Maintenance Act, 1956, an adoption is not valid unless the individual giving the adoption has the legal capacity to do so.Section 9(1) specifies that only the father, mother, or guardian of a child has the authority to give that child in adoption....

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Dattonpant Gopalvarao Devakate Vs. Vithabrao Maruthirao Janagavai, [1975] INSC 88 (3 April 1975)

Judgement Date : 03 Apr 1975

Citation : 1975 Latest Caselaw 88 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 110. TPA, Exclusion of day on which term commences.
Section 111. TPA, Determination of lease.
Section 116. TPA, Effect of holding over.
Section 6. TPA, What may be transferred.

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

Headnote :

The appellant had been a tenant under the respondent\'s predecessor for one year, starting from April 9, 1945. The respondent acquired the property in August 1968, at which point the appellant became his tenant. On November 19, 1968, the respondent issued a notice to the appellant, terminating the t...

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Pedda Narayana & Ors Vs. State of Andhra Pradesh [1975] INSC 89 (8 April 1975)

Judgement Date : 08 Apr 1975

Citation : 1975 Latest Caselaw 89 SC

CrPC Section 174. Police to enquire and report on suicide, etc

Headnote :

The first accused took a loan from the deceased, and when he failed to repay it, the deceased initiated legal action against him. Upset about being involved in a lawsuit, A. 1 through A. 3, along with three others, confronted the deceased while A. 4 drove them in a jeep. A. 1 to A. 3 exited the jeep...

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Harsookdas Balkissendas Vs. The First Land Acquisition Collector & Ors [1975] INSC 90 (8 April 1975)

Judgement Date : 08 Apr 1975

Citation : 1975 Latest Caselaw 90 SC

Headnote :

Section 49(2) of the Land Acquisition Act states that if a claim is made under section 23(1), specifically by an interested party regarding the severance of the land to be acquired from their other land, and the appropriate Government deems the claim to be unreasonable and excessive, it may order th...

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C.I.T. Madras Vs. T. Vs. Sundram Iyengar (P) Ltd. [1975] INSC 91 (9 April 1975)

Judgement Date : 09 Apr 1975

Citation : 1975 Latest Caselaw 91 SC

Headnote :

According to Section 23A of the Indian Income Tax Act, 1922, if a company distributes dividends within 12 months after the end of a previous year and the total amount of those dividends is less than the required statutory percentage of the total income for that year (after accounting for certain ded...

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Om Prabha Jain Vs. Charan Das & ANR [1975] INSC 92 (10 April 1975)

Judgement Date : 10 Apr 1975

Citation : 1975 Latest Caselaw 92 SC

Headnote :

Section 77 of the Representation of the People Act, 1951, stipulates that every election candidate must maintain a record of their election-related expenditures, and the total amount spent must not exceed the specified limit.The appellant and the first respondent competed in the State Legislature el...

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Mohd. Dhana Ali Khan Vs. State of West Bengal [1975] INSC 93 (11 April 1975)

Judgement Date : 11 Apr 1975

Citation : 1975 Latest Caselaw 93 SC

Headnote :

The petitioner was held in custody under the Maintenance of Internal Security Act, 1971. In a petition filed under Article 32 of the Constitution, the petitioner argued that (1) a single incident of theft on a train did not have any connection to public order disturbances, (2) according to Section 1...

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Mohd. Serajuddin Vs. State of Orissa [1975] INSC 94 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 94 SC

Central Sales Tax Act, 1956

Headnote :

The appellants entered into two agreements with the State Trading Corporation (S.T.C.), which in turn made identical agreements with foreign buyers for the sale of the same goods acquired from the appellants. The terms regarding shipment, sampling, analysis, weighment, and payment are the same in bo...

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Dattatraya Narayan Patil Vs. State of Maharashtra [1975] INSC 95 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 95 SC

Indian Penal Code, 1860 (IPC)
IPC Section 353. Assault or criminal force to deter public servant from discharge of his duty

Headnote :

Shri Antulay, a Minister, chaired a meeting of the District Advisory Committee, which the appellant attended as an M.L.A., while his brother participated as a Sabha-Patai from the Building Department of the Zila Parishad.The prosecution alleges that the appellant and his brother assaulted Shri Antul...

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Natabar Parida Bisnu Charan Parida Batakrushnaparida Babaji Vs. State of Orissa [1975] INSC 96 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 96 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 309. Power to postpone or adjourn proceedings
CrPC Section 344. Summary procedure for trial for giving false evidence
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

On March 8, 1974, an incident occurred in the District of Cuttack, prompting a police investigation into alleged offenses under sections 147, 148, 307, and 302 of the Indian Penal Code, along with section 149. Out of the eight individuals arrested during the investigation, four were granted bail by...

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Balaka Singh & Ors Vs. State of Punjab [1975] INSC 97 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 97 SC

CrPC Section 107. Security for keeping the peace in other cases

Headnote :

A cousin of the deceased, who served as his bodyguard, had a hostile relationship with the first appellant and his group.Years prior to the incident, the first appellant faced murder charges, with the cousin being the main witness for the prosecution. The High Court ultimately acquitted the appellan...

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Krishna Chandra Gangopadhyaya Vs. Union of India & Ors [1975] INSC 98 (18 April 1975)

Judgement Date : 18 Apr 1975

Citation : 1975 Latest Caselaw 98 SC

Bihar Land Reforms Act, 1950
Bihar State Laws
Constitution of India
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

This Court, in the case of Baij Nath Kedia, ruled that the second proviso to section 10(2) of the Bihar Land Reforms Act, 1950, was unconstitutional. The Court found that the Bihar Legislature lacked the authority to enact this provision, asserting that only Parliament had the competence to legislat...

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Commissioner of Sales Tax, U.P. Vs. M/S. Sarin Textiles Mills [1975] INSC 99 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 99 SC

Headnote :

The respondent is a manufacturer and dealer of \'Woollen Carpet Yarn\', commonly referred to as kati. For the assessment years 1959-60 and 1961-62, he was taxed by the Sales Tax officer at rates of 6 pies per rupee and 3 pies per rupee, respectively, based on two notifications issued under the U.P....

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G. Vs. Gunayya Chetty & ANR Vs. V. Dasaratharamaiah & Ors [1975] INSC 100 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 100 SC

Headnote :

The Government, through a notification issued under section 3, subsection (3) of the Andhra Pradesh Agricultural Produce and Live-Stock Markets Act, 1966, designated the areas of Machilipatnam, Bandar, and Divi taluka as a notified area for the purposes of the Act. Subsequently, on October 30, 1969,...

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K. P. Poulose Vs. State of Kerala & ANR [1975] INSC 101 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 101 SC

Headnote :

Tenders were invited for the construction of three overhead reservoirs, and the appellant emerged as the successful bidder for the project. The tender notification included a description of the soil conditions at the construction sites.Later, the State Government\'s Research Institute recommended a...

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Bhabhi Vs. Sheo Govind & Ors [1975] INSC 102 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 102 SC

Code of Civil Procedure, 1908 (CPC)

Baldev Singh Vs. Teja Singh Swatantar & Ors [1975] INSC 14 (24 January 1975)

Headnote :

The appellant was elected to the Uttar Pradesh Legislative Assembly.The appellant won against respondent No. 1 by a margin of 94 votes. In his election petition, respondent No. 1 requested to inspect the ballot papers, claiming there were improper practices in the acceptance and rejection of votes....

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Mohsin Ali & Ors Vs. State of Madhya Pradesh [1975] INSC 103 (22 April 1975)

Judgement Date : 22 Apr 1975

Citation : 1975 Latest Caselaw 103 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In 1934, the ruler of Bhopal issued a Firman in recognition of Sir Liyaqat Ali\'s long and distinguished service, granting him a pension, the residential house in question, and a monthly sum of Rs. 400 from the Ruler\'s Privy Purse.Liaqat Ali passed away in March 1947, leaving no descendants or wido...

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State of Madhya Pradesh & Ors Vs. Tikam Das [1975] INSC 104 (22 April 1975)

Judgement Date : 22 Apr 1975

Citation : 1975 Latest Caselaw 104 SC

Madhya Pradesh Excise Act, 1915

Headnote :

The respondent held a license for the sale of foreign liquor, which was issued under the Foreign Liquor Rules established by the Madhya Pradesh Excise Act of 1915. When the license expired on March 31, 1964, he had a significant amount of unsold foreign liquor that he was required to surrender to th...

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Martand Dairy & Farm Vs. The Union of India & Ors [1975] INSC 105 (23 April 1975)

Judgement Date : 23 Apr 1975

Citation : 1975 Latest Caselaw 105 SC

Central Sales Tax Act, 1956

Headnote :

A notification issued under the Central Sales Tax Act of 1956 provided exemptions for certain items, including cream, but specifically excluded \"products sold in sealed containers.\" The appellant shipped cream to Calcutta in sealed containers. The sales tax authorities determined that the sales in...

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Balwant Narayan Bhagde Vs. M. D. Bhagwat & Ors [1975] INSC 106 (23 April 1975)

Judgement Date : 23 Apr 1975

Citation : 1975 Latest Caselaw 106 SC

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

Headnote :

In January 1959, a notification was issued under section 4 of the Land Acquisition Act, 1894, to acquire land for an Agricultural College, which included several parcels of land, one of which belonged to the respondents and was occupied by the appellant as a tenant.Following the notification under s...

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Puran Singh & Ors Vs. State of Punjab [1975] INSC 107 (25 April 1975)

Judgement Date : 25 Apr 1975

Citation : 1975 Latest Caselaw 107 SC

IPC Section 102. Commencement and continuance of the right of private defence of the body
IPC Section 105. Commencement and continuance of the right of private defence of property

Munshi Ram & Ors Vs. Delhi Administration [1967] INSC 278 (27 November 1967)

Headnote :

All the appellants were found guilty by the Sessions Judge under Section 302 in conjunction with Section 149 of the Indian Penal Code (I.P.C.) and Section 326 in conjunction with Section 149 I.P.C., resulting in life imprisonment sentences. The High Court upheld both the conviction and the sentence....

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Ziyauddin Burhanuddin Bukhari Vs. Brijmohan Ramdass Mehra & Ors [1975] INSC 108 (25 April 1975)

Judgement Date : 25 Apr 1975

Citation : 1975 Latest Caselaw 108 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, a candidate from the Muslim League, won against respondent No. 3, Shauket Chagla, the Congress candidate, in the Maharashtra State Assembly Election.Respondent No. 1, a voter, filed an Election Petition, alleging that the appellant urged voters not to support respondent No. 2 based on...

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Ramesh Himmatlal Shah Vs. Harsukh Jadhavji Joshi [1975] INSC 109 (25 April 1975)

Judgement Date : 25 Apr 1975

Citation : 1975 Latest Caselaw 109 SC

Code of Civil Procedure, 1908 (CPC)
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Cooperative Societies Rules, 1961
Presidency-Towns Insolvency Act, 1909

Headnote :

The appellant is the holder of the decree. He secured a monetary judgment against the respondent, the judgment-debtor, and obtained a warrant to attach flat No. 9 in the Paresh Cooperative Housing Society Limited located in Santacruz, Bombay. This flat was attached on August 8, 1970, and the warrant...

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Shamim Rahmani Vs. State of U.P [1975] INSC 110 (28 April 1975)

Judgement Date : 28 Apr 1975

Citation : 1975 Latest Caselaw 110 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder

Headnote :

The appellants, a brother and sister, resided in different areas of the city. The sister became involved in an inappropriate relationship with the deceased, but when she realized he was not giving her his full attention, she shot at him when he visited her home.Upon learning of the incident, the bro...

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N. Lakshmana Rao & Ors Vs. State of Karnataka & Ors [1975] INSC 111 (29 April 1975)

Judgement Date : 29 Apr 1975

Citation : 1975 Latest Caselaw 111 SC

Constitution of India
States Reorganisation Act, 1956

B. S. Vadera Vs. Union of India & Ors [1968] INSC 84 (27 March 1968)
Roshan Lal Tandon Vs. Union of India [1967] INSC 174 (14 August 1967)
The State of Mysore Vs. Padmanabhacharya [1965] INSC 196 (5 October 1965)

Headnote :

The new State of Mysore was established on November 1, 1956, following the reorganization of states as mandated by the States Reorganization Act of 1956. This newly formed state included the previous State of Mysore, portions of the former State of Bombay, parts of the former State of Hyderabad, seg...

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Smt. Ratni Devi & ANR Vs. Chief Commissioner, Delhi & Ors [1975] INSC 112 (30 April 1975)

Judgement Date : 30 May 1975

Citation : 1975 Latest Caselaw 112 SC

Headnote :

The Government established the Town Planning Organisation in 1955, which created an interim general plan for Delhi in 1956.The arrival of displaced individuals following the partition, the rise of slums, issues of overcrowding, poor sanitation, traffic dangers, substandard construction, and insuffic...

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Uttar Pradesh Government Vs. Sabir Hussain [1975] INSC 113 (30 April 1975)

Judgement Date : 30 Apr 1975

Citation : 1975 Latest Caselaw 113 SC

Constitution of India
Government of India Act, 1935

Khem Chand Vs. Union of India [1962] INSC 264 (25 September 1962)
Khem Chand Vs. The Union of India & Ors [1957] INSC 113 (13 December 1957)

Headnote :

Section 240 of the Government of India Act, 1935 stipulates that no individual shall be dismissed or have their rank reduced without being given a fair opportunity to contest the proposed action against them.Article 311(2) of the Constitution (post the 15th Amendment) asserts that no individual shal...

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Jamilabai Abdul Kadar Vs. Shankerlal Gulabchand & Ors [1975] INSC 114 (30 April 1975)

Judgement Date : 30 Apr 1975

Citation : 1975 Latest Caselaw 114 SC

Advocates Act, 1961

Headnote :

The appellant hired a lawyer to represent her in court. The case was postponed several times to allow the parties to resolve their differences. Eventually, the court documented a compromise that was signed by the appellant\'s lawyer. Although the appellant was not present in court at the time of sig...

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