Caselaw | Supreme Court Judgements of november 1978

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Smt. S. R. Venkataraman Vs. Union of India & ANR [1978] INSC 217 (2 November 1978)

Judgement Date : 02 Nov 1978

Citation : 1978 Latest Caselaw 217 SC

Headnote :

The appellant, who served as the Joint Director of Family Planning at the Directorate-General of All India Radio, was forced into premature retirement. She submitted a representation against this decision, which was ultimately denied.In her writ petition filed under Article 226 of the Constitution,...

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Raghunath Pradhani Vs. Damodra Mahapatra & Ors [1978] INSC 218 (2 November 1978)

Judgement Date : 02 Nov 1978

Citation : 1978 Latest Caselaw 218 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Based on the permission granted by the Revenue Divisional Officer, as stipulated in clause 6 of the Orissa Scheduled Areas Transfer of Immovable Property by Scheduled Tribes Regulation 3 of 1956 and Rule 4 made thereunder, Respondent 3 sold his private property to a non-scheduled Tribe individual fo...

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D. S. Bist & Sons, Nainital Vs. Commissioner of Income Tax, Delhi Central, New Delhi [1978] INSC 219 (3 November 1978)

Judgement Date : 03 Nov 1978

Citation : 1978 Latest Caselaw 219 SC

Headnote :

A Hindu Undivided Family (HUF) comprising Thakur Dan Singh and his son, Thakur Mohan Singh, was engaged in business as forest contractors. In March 1956, the family experienced a complete disruption. On that day, the written down value of three trucks owned by the HUF was zero due to the depreciatio...

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Ashadevi, Wife of Gopal Ghermal Mehta (Detenu) Vs. K. Shiveraj [1978] INSC 220 (3 November 1978)

Judgement Date : 03 Nov 1978

Citation : 1978 Latest Caselaw 220 SC

Nizamuddin Vs. The State of West Bengal [1974] INSC 226 (5 November 1974)

Headnote :

A detention order was issued by the respondent against the detenu (the appellant\'s husband) under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, aimed at preventing him from transporting smuggled gold. While the detenu was in the custody of Cu...

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H.P Gupta Vs. Manohar Lal & Ors [1978] INSC 221 (3 November 1978)

Judgement Date : 03 Nov 1978

Citation : 1978 Latest Caselaw 221 SC

CrPC Section 456. Power to restore possession of immovable property

Headnote :

Respondents 1 to 4 were found guilty by a Metropolitan Magistrate under Section 447 of the Indian Penal Code for trespassing and forcibly taking possession of property that belonged to the appellant. This conviction was upheld by the Court of Sessions. Since the Magistrate did not issue an order for...

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Union of India Vs. Prafulla Kumar Samal & ANR [1978] INSC 222 (6 November 1978)

Judgement Date : 06 Nov 1978

Citation : 1978 Latest Caselaw 222 SC

CrPC Section 227. Discharge
IPC Section 120B. Punishment of criminal conspiracy

The Collector of Bombay Vs. Nusserwanji Rattanji Mistri & Ors [1955] INSC 8 (28 February 1955)

Headnote :

The second respondent, a Land Acquisition officer, is accused of misusing his official position to hide the fact that the land in question was actually Khasmahal land owned by the Government. He allegedly made it seem as though the first respondent was the rightful owner, thereby assisting him in ob...

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Mohammad Hasnuddin Vs. State of Maharashtra [1978] INSC 223 (7 November 1978)

Judgement Date : 07 Nov 1978

Citation : 1978 Latest Caselaw 223 SC

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

Headnote :

The appellant\'s property was taken by the State Government under section 5 of the Hyderabad Land Acquisition Act. A notification was issued under section 3(1) on February 28, 1958, and on January 13, 1962, the Land Acquisition Officer in Aurangabad issued an award that granted the appellant compens...

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Rekhaben Virendra Kapadia Vs. State of Gujarat & Ors [1978] INSC 224 (7 November 1978)

Judgement Date : 07 Nov 1978

Citation : 1978 Latest Caselaw 224 SC

Headnote :

The appellant was detained under the Maintenance of Internal Security Act, 1971 in September 1974, but was released in December of the same year. In February 1977, he was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on the grou...

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Commissioner of Income Tax, New Delhi Vs. Bijli Cotton Mills (P) Ltd., Hathras., Aligarh [1978] INSC 225 (7 November 1978)

Judgement Date : 07 Nov 1978

Citation : 1978 Latest Caselaw 225 SC

Headnote :

The assessee collected certain sums of money designated for Dharmada (charity) from its customers during the sale of yarn and cotton bales, which constituted its main business.These collected amounts were recorded in a distinct column labeled \"Dharmada\" on the invoices issued to customers. Instead...

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Jagir Singh Vs. Ranbir Singh [1978] INSC 226 (9 November 1978)

Judgement Date : 09 Nov 1978

Citation : 1978 Latest Caselaw 226 SC

CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 127. Alteration in allowance
CrPC Section 435. State Government to act after consultation with Central Government in certain cases
Government of India Act, 1935

Headnote :

Ranbir Singh is the son of Jagir Singh from his estranged first wife. In 1971, he and his mother sought maintenance under section 488 of the Cr.P.C., 1898. Despite being an adult, maintenance was granted to him on the basis that he was a student and unable to support himself. In April 1974, when the...

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Bhupinder Singh Vs. Daljit Kaur [1978] INSC 227 (13 November 1978)

Judgement Date : 13 Nov 1978

Citation : 1978 Latest Caselaw 227 SC

Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents

Headnote :

The respondent received an ex parte maintenance order for Rs. 250/- per month from a competent court under Section 125 of the Criminal Procedure Code. Later, following a compromise between the parties and the resumption of cohabitation, the respondent filed an application requesting the dismissal of...

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Shiveshwar Prasad Narain Singh & ANR Vs. Gharahu & ANR [1978] INSC 228 (15 November 1978)

Judgement Date : 15 Nov 1978

Citation : 1978 Latest Caselaw 228 SC

U.P. Land Revenue Act, 1901

Amba Prasad Vs. Abdul Noor Khan & Ors [1964] INSC 128 (17 April 1964)

Headnote :

The U.P. Zamindari Abolition and Land Reforms Act of 1950 was established to eliminate the zamindari system, which created intermediaries between the cultivator and the State. This Act facilitates the acquisition of the rights, titles, and interests of these intermediaries and aims to reform land te...

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Joginder Singh & ANR Vs. State of Punjab & ANR [1978] INSC 229 (16 November 1978)

Judgement Date : 16 Nov 1978

Citation : 1978 Latest Caselaw 229 SC

CrPC Section 209. Commitment of case to Court of Session when offence is triable exclusively by it
CrPC Section 319. Power to proceed against other persons appearing to be guilty of offence

Raghubans Dubey Vs. State of Bihar [1967] INSC 14 (19 January 1967)

Headnote :

A criminal complaint was filed against five individuals, including the two appellants. The police determined that the two appellants were innocent and subsequently filed charges against the other three individuals, who were then sent to trial.During the trial, evidence suggesting the appellants\' in...

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Narendra Purshotam Umrao Vs. B. B. Gujral & Ors [1978] INSC 230 (17 November 1978)

Judgement Date : 17 Nov 1978

Citation : 1978 Latest Caselaw 230 SC

Customs Act, 1962
Preventive Detention Act, 1950

Headnote :

The appellant was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, to prevent him from engaging in smuggling activities. The Government forwarded two representations made by him regarding his detention to the Advisory Board along w...

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Khatki Ahmed Mushabhai Vs. Limdi Municipality [1978] INSC 231 (20 November 1978)

Judgement Date : 20 Nov 1978

Citation : 1978 Latest Caselaw 231 SC

Constitution of India

Headnote :

The Court dismissed the special leave petition and stated:1. No butcher, baker, or circus manager possesses an absolute right to obtain a license simply by applying for one. The licensing Council is required to consider all relevant factors and determine whether a license should be issued for the sp...

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Prakash Chand Vs. State (Delhi Administration) [1978] INSC 232 (20 November 1978)

Judgement Date : 20 Nov 1978

Citation : 1978 Latest Caselaw 232 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
Indian Penal Code, 1860 (IPC)

Headnote :

Prakash Chand, an overseer-section officer at the Delhi Development Authority (DDA), faced charges under Section 5(1)(d) in conjunction with Section 5(2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code for soliciting and accepting a bribe of Rs. 30 from Ram Niwas Sharma,...

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Lakshmi Shankar Srivastava Vs. State (Delhi Administration) [1978] INSC 233 (21 November 1978)

Judgement Date : 21 Nov 1978

Citation : 1978 Latest Caselaw 233 SC

Criminal Procedure Code, 1973
CrPC Section 394. Abatement of appeals
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, who served as an investigator in the office of the Chief Controller of Imports and Exports, was charged, found guilty, and sentenced to 18 months of rigorous imprisonment for each count under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947, as well as Section 161 o...

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Sambhu Dayal Vs. State of U.P [1978] INSC 234 (21 November 1978)

Judgement Date : 21 Nov 1978

Citation : 1978 Latest Caselaw 234 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant was found guilty under section 8 in conjunction with section 16 of the Prevention of Food Adulteration Act by the Sub-Divisional Magistrate in Jalaun and was sentenced to six months of rigorous imprisonment, which is the minimum penalty stipulated by the P.O.F.A. 1950. Upon appeal, the...

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Commissioner of Income Tax, Patiala Vs. M/S. Groz Backert Saboo Ltd. [1978] INSC 235 (22 November 1978)

Judgement Date : 22 Nov 1978

Citation : 1978 Latest Caselaw 235 SC

Income Tax Act, 1961

Headnote :

In the assessment year 1962-63, corresponding to the financial year ending on March 31, 1962, the respondent assessee recorded transactions for the first time on September 30, 1961, regarding goods that were partially raw materials and partially semi-finished needles received as gifts from their col...

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K. Gopal Reddy Vs. State of Andhra Pradesh [1978] INSC 236 (22 November 1978)

Judgement Date : 22 Nov 1978

Citation : 1978 Latest Caselaw 236 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Sanwat Singh & Ors Vs. State of Rajasthan [1960] INSC 283 (9 December 1960)

Headnote :

The appellant faced charges for the murder of his wife. The trial court found him not guilty, reasoning that the prosecution failed to demonstrate any motive for the crime, that the testimonies of the prosecution witnesses were inconsistent, conflicting, and unlikely, and that when two interpretatio...

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Tata Engineering & Locomotive Co. Ltd. Vs. The Sales Tax Officer & Regional Transport Officer, Poona [1978] INSC 237 (22 November 1978)

Judgement Date : 22 Nov 1978

Citation : 1978 Latest Caselaw 237 SC

Motor Vehicles Act, 1939

Headnote :

The appellants are a company incorporated under the Companies Act of 1913, which offers transportation services to its employees at a minimal cost from designated pick-up locations to their factories located in Pimpri and Chinchvad, Pune district (Maharashtra). These services are provided using a ve...

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S. L. Goswami Vs. High Court of Madhya Pradesh at Jabalpur [1978] INSC 238 (23 November 1978)

Judgement Date : 23 Nov 1978

Citation : 1978 Latest Caselaw 238 SC

Indian Penal Code, 1860 (IPC)
IPC Section 463. Forgery
IPC Section 465. Punishment for forgery
IPC Section 466. Forgery of record of court or of public register, etc.
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

Govind Mehta Vs. State of Bihar [1971] INSC 157 (7 May 1971)

Headnote :

Following a complaint from the Additional Registrar of the Madhya Pradesh High Court, which alleged that during the preparation of the Paper Book for a Supreme Court appeal, the appellant conspired with two court translators to alter the original deposition of Dr. S. C. Barat (D.W. 1) from a previou...

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Maneka Sanjay Gandhi & ANR Vs. Rani Jethmalani [1978] INSC 239 (23 November 1978)

Judgement Date : 23 Nov 1978

Citation : 1978 Latest Caselaw 239 SC

CrPC Section 406. Power of Supreme Court to transfer cases and appeals

Headnote :

HELD: 1. The assurance of a fair trial is the foremost priority in the administration of justice. When considering a motion for transfer, the Court must focus on substantial and compelling factors related to public justice, rather than the mere convenience of a party or minor grievances. The Court\'...

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Salim Zia Vs. State of U.P [1978] INSC 240 (24 November 1978)

Judgement Date : 24 Nov 1978

Citation : 1978 Latest Caselaw 240 SC

CrPC Section 342. Power to order court
CrPC Section 391. Appellate Court may take further evidence or direct it to be taken
CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant\'s father, Jaffar Ali, had leased an acre of paddy land to the deceased. The prosecution claimed that while the deceased was harvesting the crop, the appellant and his brothers approached the field armed with a gun. There was a verbal dispute between the appellant and the deceased rega...

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Superintendent of Police, Ludhiana & ANR Vs. Dwarka Das [1978] INSC 241 (28 November 1978)

Judgement Date : 28 Nov 1978

Citation : 1978 Latest Caselaw 241 SC

Headnote :

The petitioners, who were constables employed by the Punjab State Government, had served for over three years before being discharged for inefficiency under Rule 12.21 of the Punjab Police Rules, 1934. The High Court upheld their writ petitions, which challenged the legality of their discharge order...

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Syed Abdulkhader Vs. Rami Reddy & Ors [1978] INSC 242 (29 November 1978)

Judgement Date : 29 Nov 1978

Citation : 1978 Latest Caselaw 242 SC

Indian Trusts Act, 1882
Powers of Attorney Act, 1882
Section 41. TPA,Transfer by ostensible owner.

Headnote :

The plaintiff (appellant), along with his father and stepbrother, owned land in a village in the former State of Hyderabad. Upon learning that the two brothers and their father were considering migrating to Pakistan, defendant No. 1 proposed to the plaintiff that he would manage their properties. Ho...

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B. N. Mutto & ANR Vs. T. K. Nandi [1978] INSC 243 (29 November 1978)

Judgement Date : 29 Nov 1978

Citation : 1978 Latest Caselaw 243 SC

Code of Civil Procedure, 1908 (CPC)
Delhi and Ajmer Rent Control Act, 1952
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Kartar Singh Vs. Chaman Lal & Ors [1969] INSC 80 (14 March 1969)

Headnote :

Section 14 of the Delhi Rent Control Act, 1958 restricts courts from issuing any orders or decrees favoring landlords for the recovery of possession of premises, except under specific conditions. One such condition, outlined in section 14(1)(e) of the Act, allows landlords to apply to the Rent Contr...

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Indian Hard Metals (P) Ltd. Vs. Union of India [1978] INSC 244 (30 November 1978)

Judgement Date : 30 Nov 1978

Citation : 1978 Latest Caselaw 244 SC

Headnote :

The appellant imported wolfram ore, which the Customs Authorities classified under the residuary Item 87 of the Indian Customs Tariff, imposing a duty of 60% ad valorem. In contrast, metallic ores (Item 26) and certain metals such as cobalt, chromium, tungsten, and magnesium (Item No. 70(7)) can be...

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Manager Govt. Branch Press &. ANR Vs. D. B. Belliawpa [1978] INSC 245 (30 November 1978)

Judgement Date : 30 Nov 1978

Citation : 1978 Latest Caselaw 245 SC

Constitution of India

Headnote :

Belliappa, a temporary Class IV employee, had his services terminated without any stated reason, although this was done in line with his employment conditions. Meanwhile, three other employees in the same temporary position, who were junior to Belliappa, were retained. Prior to the termination, Bell...

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State of Orissa Vs. Nakula Sahu & Ors [1978] INSC 246 (30 November 1978)

Judgement Date : 30 Nov 1978

Citation : 1978 Latest Caselaw 246 SC

CrPC Section 435. State Government to act after consultation with Central Government in certain cases
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 120B. Punishment of criminal conspiracy
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 420. Cheating and dishonestly inducing delivery of property

Kalu Ahir & Ors Vs. Ramdeo Ram [1973] INSC 107 (1 May 1973)

Headnote :

The individuals involved in each of the four appeals were found guilty and sentenced under section 409 of the Indian Penal Code by the Sub-Divisional Magistrate. Upon appeal, the Sessions Judge upheld the convictions and sentences imposed on them. However, during the revision process, the High Court...

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