Caselaw | Supreme Court Judgements of april 1978

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Janardan Vs. State of Maharashtra [1978] INSC 75 (4 April 1978)

Judgement Date : 04 Apr 1978

Citation : 1978 Latest Caselaw 75 SC

Bombay General Clauses Act, 1904
Bombay General Clauses Act, 1904
Bombay Police Act, 1951
Bombay Police Act, 1951
Bombay Prevention of Gambling Act, 1887
Bombay Prevention of Gambling Act, 1887

Headnote :

The appellant, along with sixteen others, was found guilty under section 4 of the Gambling Act and received a sentence of two months of rigorous imprisonment and a fine of Rs. 400/-; if the fine was not paid, an additional month of rigorous imprisonment would be imposed. The appellant was the only o...

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Pushpapriyadevi & Ors Vs. State of Maharashtra & ANR [1978] INSC 76 (4 April 1978)

Judgement Date : 04 Apr 1978

Citation : 1978 Latest Caselaw 76 SC

Headnote :

Before the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals Alienated) Act, 1950, took effect on March 31, 1951, the plaintiff\'s predecessor, who is the appellant\'s brother and the owner of the Ahiri estate, entered into a forest contract (Ex. P.19) on March 15, 1951, for the remova...

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Haji Mohammed Ishaq Md. Sk. Mohammed & Ors Vs. Mohamed Iqbal & Mohamed Ali & Ors [1978] INSC 77 (4 April 1978)

Judgement Date : 04 Apr 1978

Citation : 1978 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The plaintiff respondent is a registered partnership firm based in Nipani. Between January 11 and 21, 1952, the plaintiff dispatched 630 bags of tobacco to the appellant-defendants, who were previous customers of one Sri Abdul Rahim Nabisaheb Bhagwan. Rahim had persuaded the plaintiff to supply the...

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Bhajya S/O Shyama Kanbi Vs. Gopikabai & ANR [1978] INSC 78 (4 April 1978)

Judgement Date : 04 Apr 1978

Citation : 1978 Latest Caselaw 78 SC

Hindu Succession Act, 1956

Headnote :

The land in question originally belonged to Ghusya, who passed away prior to the 1918 Settlement, and was inherited by his son Punjya. After Punjya\'s death in 1936, the property was passed on to his widow, Smt. Sarji, who retained possession until her death on November 6, 1956. Following Sarji\'s d...

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Durgi Devi & Ors Vs. State of U.P [1978] INSC 79 (5 April 1978)

Judgement Date : 05 Apr 1978

Citation : 1978 Latest Caselaw 79 SC

U.P. Zamindari Abolition and Land Reforms Act, 1950

Headnote :

Following the issuance of a Notification under Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, all rights and interests of the intermediary (landlord), including the forests in the villages of Dhalani and Sorna, were transferred to the State of U.P. effective from the date of v...

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Chief Commissioner, Delhi & ANR Vs. Delhi Cloth And General Mills Co. Ltd. & Ors [1978] INSC 80 (7 April 1978)

Judgement Date : 07 Apr 1978

Citation : 1978 Latest Caselaw 80 SC

Headnote :

The Respondent Company issued a debenture loan of Rs. 2.50 crores and to secure the repayment of this loan, executed a debenture trust deed on April 10, 1962, which involved mortgaging certain properties of the Company for the same amount in favor of the trustees who were the petitioners in the High...

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Union of India Vs. Chothia (H.P.) & Ors [1978] INSC 81 (7 April 1978)

Judgement Date : 07 Apr 1978

Citation : 1978 Latest Caselaw 81 SC

Headnote :

Respondent No. 1 was appointed to the Superior Forest Service of the Government of Saurashtra in 1951. On April 9, 1958, he became an Assistant Conservator of Forests, Class III. In August 1959, following the merger of Saurashtra with Greater Bombay, he was promoted to Deputy Conservator of Forests....

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Nandini Satpathy Vs. Dani (P.L.) & ANR [1978] INSC 82 (7 April 1978)

Judgement Date : 07 Apr 1978

Citation : 1978 Latest Caselaw 82 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, a former Chief Minister of Orissa and a former National Minister, was summoned to appear at the Vigilance Police Station in Cuttack in September 1977 for questioning regarding a case initiated against her by the Deputy Superintendent of Police, Vigilance, Cuttack, under sections 5(2)...

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Cambay Electric Supply Industrial Co. Ltd. Vs. The Commissioner of Income Tax, Gujarat-Ii Ahmedabad [1978] INSC 83 (11 April 1978)

Judgement Date : 11 Apr 1978

Citation : 1978 Latest Caselaw 83 SC

Limitation Act, 1963

Headnote :

In November 1971, a doctor and his brother, who were riding a motorcycle, were struck and killed by a jeep driver. The Motor Accident Claims Tribunal issued its judgment on September 5, 1976, five years later, awarding Rs. 80,000 and Rs. 73,500 to the respective claimants.The appeal in this matter w...

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State of Gujarat & ANR Vs. Maharaj Shri Amarshinhji Himatsinhji [1978] INSC 84 (14 April 1978)

Judgement Date : 14 Apr 1978

Citation : 1978 Latest Caselaw 84 SC

Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953

Headnote :

Maharaj Shri Amarsinhji Himatsinhji was awarded certain jagirs. According to the respondent, he was granted full proprietary rights over the land in the specified villages, meaning it was a proprietary jagir. With the enactment of the Bombay Merged Territories and Areas (Jagirs Abolition) Act 1953,...

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Ramanathan Vs. State of Tamil Nadu [1978] INSC 85 (18 April 1978)

Judgement Date : 18 Apr 1978

Citation : 1978 Latest Caselaw 85 SC

Indian Penal Code, 1860 (IPC)
IPC Section 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Headnote :

The appellant was found guilty of offenses under Sections 302 (on two counts), 307, and 460 of the Indian Penal Code, and was sentenced to death by the trial court for unlawfully entering a residential property and committing two murders by shooting. The wife and neighbor of the deceased, Natrajan,...

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Ram Parkash Sharma Vs. State of Haryana [1978] INSC 86 (18 April 1978)

Judgement Date : 18 Apr 1978

Citation : 1978 Latest Caselaw 86 SC

CrPC Section 34. Withdrawal of Powers
CrPC Section 457. Procedure by police upon seizure of property

Headnote :

The Police recovered a significant amount of money from the appellant, which was seized in relation to an offense involving an accused individual, Sri Bansi Lal.The lower courts denied an application filed under Section 457 of the Criminal Procedure Code, ruling that the Special Judge lacked the aut...

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Sen (A.K.) Vs. The State of West Bengal & ANR [1978] INSC 87 (18 April 1978)

Judgement Date : 18 Apr 1978

Citation : 1978 Latest Caselaw 87 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Kumud Bala Dasi, the original plaintiff, initiated Title Suit No. 82/195 with the approval of the High Court of Calcutta against the appellant. She sought recovery of possession of the disputed land, arguing that the property attached by the executing court for the collection of the monetary portion...

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Nand Kishore Prasad Vs. State of Bihar & Ors [1978] INSC 88 (19 April 1978)

Judgement Date : 19 Apr 1978

Citation : 1978 Latest Caselaw 88 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Union of India Vs. H. C. Goel [1963] INSC 185 (30 August 1963)

Headnote :

The appellant, a Bench Clerk, along with Trilok Prasad Sinha, a Fines Clerk, faced trial for multiple offenses under sections 120B, 409, 466, 474, and 477A of the Indian Penal Code, concerning the embezzlement of Rs. 1068/- in fines collected by the Police and sent to the Court via Money Orders. The...

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Mysore State Road Transport Corporation Bangalore Vs. H. Venkataramanappa [1978] INSC 89 (25 April 1978)

Judgement Date : 25 Apr 1978

Citation : 1978 Latest Caselaw 89 SC

Headnote :

The respondent was employed as a Store Keeper in the Mysore Transport Department, earning a salary in the range of Rs. 75-5-100.Following the State Reorganisation Act of 1956, certain territories from the States of Bombay and Hyderabad were incorporated into the State of Mysore. This led to the tran...

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Tejinder Singh Sandhu Vs. State of Punjab & Ors [1978] INSC 90 (25 April 1978)

Judgement Date : 25 Apr 1978

Citation : 1978 Latest Caselaw 90 SC

Headnote :

The appellant was ranked lower than Respondents 2 and 3 in the Class 11 Punjab Agricultural Service. On August 2, 1965, both the appellant and Respondent No. 3 were temporarily promoted to the position of Deputy Directors of Agriculture, a role within the Class I service cadre. The appellant assumed...

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Shankaria Vs. State of Rajasthan [1978] INSC 91 (26 April 1978)

Judgement Date : 26 Apr 1978

Citation : 1978 Latest Caselaw 91 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 380. Theft in dwelling house, etc

Sarwan Singh Vs. The State of Punjab & Ors [1974] INSC 269 (12 December 1974)
Sarwan Singh Vs. The State of Punjab [1957] INSC 34 (10 April 1957)

Headnote :

The appellant was tried, found guilty, and sentenced to death under Section 302 of the Penal Code for the double murder of Kartar Singh and Mada Singh, as determined by the Sessions Judge in Ganganagar. Additionally, he was convicted of offenses under Sections 307, 459, 460, and 380 of the Penal Cod...

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Superintendent (Tech. I) Central Excise I.D.D. Jabalpur Vs. Pratap Rai [1978] INSC 92 (26 April 1978)

Judgement Date : 26 Apr 1978

Citation : 1978 Latest Caselaw 92 SC

Headnote :

Twenty-three watches, for which no customs duty had been paid, were confiscated from the respondent by the Customs Authorities. During the adjudication process under section 122 of the Customs Act, the Assistant Collector of Customs ordered the confiscation of the seized watches and imposed a penalt...

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Ramesh Chander Kaushal Vs. Veena Kaushal & Ors [1978] INSC 93 (27 April 1978)

Judgement Date : 27 Apr 1978

Citation : 1978 Latest Caselaw 93 SC

CrPC Section 125. Order for maintenance of wives, children and parents

Headnote :

The petitioner filed for divorce in the civil court, while the respondent sought maintenance through the criminal court. As a temporary measure, the district court granted maintenance, and the High Court set a provisional amount of Rs. 400 per month for the spouse. Concurrently, the Magistrate, base...

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Nagu Reddiar & Ors Vs. Babu Reddiar & Ors [1978] INSC 94 (27 April 1978)

Judgement Date : 27 Apr 1978

Citation : 1978 Latest Caselaw 94 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

On September 10, 1885, a deed (Ex. A) was executed by five family members of Nagi Reddi, dedicating certain family properties listed in Schedules A and B to two charities: Annadhana-Chatram and Sachindananda Matam, both located in Vairichettipalayam village. After the death of Ramalingachi Reddiar,...

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Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum & Ors [1978] INSC 95 (27 April 1978)

Judgement Date : 27 Apr 1978

Citation : 1978 Latest Caselaw 95 SC

Headnote :

Khandappa Sangappa Magdum passed away on June 27, 1960, leaving behind his wife Hirabai, two sons named Gurupad and Shivapad, and three daughters. On November 6, 1952, Hirabai initiated special civil suit No. 26/53 seeking partition and separate possession of a 7/24 share in two houses, a piece of l...

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Noor Mohd. Khan Ghouse Khan Soudagar & ANR Vs. Fakirappa Bharmappa Machenahalli & Ors [1978] INSC 96 (28 April 1978)

Judgement Date : 28 Apr 1978

Citation : 1978 Latest Caselaw 96 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Code of Civil Procedure, 1908 (CPC)
Karnataka Land Reforms Act, 1961
Section 52. TPA, Transfer of property pending suit relating thereto.
Transfer of Property Act, 1882

Headnote :

A partition and possession lawsuit was initiated by the original respondent No. 2 against respondent No. 4 (Defendant No. I in the case), with defendants 2 to 7 being co-sharers and defendants 8 to 14 being tenants in possession.On December 13, 1954, the Trial Court issued a preliminary decree grant...

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