Caselaw | Supreme Court Judgements of march 1970

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Tata Engineering & Locomotive Co. Limited Vs. The Assistant Commissioner of Commercial Taxes & ANR [1970] INSC 47 (2 March 1970)

Judgement Date : 02 Mar 1970

Citation : 1970 Latest Caselaw 47 SC

Headnote :

The appellant carried on the business of manufacturing trucks in Jamshedpur in the State of Bihar. It did not have any stockyard in the State but maintained such stockyards in different States for the purpose of effective distribution of vehicles among its dealers. A form of agreement between the ap...

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Chaju Ram Vs. State of Jammu & Kashmir [1970] INSC 48 (3 March 1970)

Judgement Date : 03 Feb 1970

Citation : 1970 Latest Caselaw 48 SC

Headnote :

The petitioner was detained under the order of the District Magistrate, Jammu passed under s. 3 (2) read with s. 5 of the Jammu & Kashmir Preventive Detention Act, 1964 on March 30, 1969. He filed a petition under Art, 32 challenging Ws detention. Later he. withdrew the original petition and wit...

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Nagarmal Tekriwal Vs. State of Bihar [1970] INSC 49 (4 March 1970)

Judgement Date : 04 Feb 1970

Citation : 1970 Latest Caselaw 49 SC

Headnote :

On search of the appellant's premises food grains above quantities permitted under the Bihar Foodgrain Dealer's Licensing Order 1966 were found. He was prosecuted under s. 7 of the Essential Commodities Act for violation of cl. 3 of the Order. The appellant produced oral and documentary e...

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Punithavalli Ammal Vs. Ramalingam (Minor) & ANR [1970] INSC 50 (4 March 1970)

Judgement Date : 04 Mar 1970

Citation : 1970 Latest Caselaw 50 SC

Hindu Succession Act, 1956

Shrinivas Krishnarao Kango Vs. Narayan Devji Kango & Ors [1954] INSC 32 (23 March 1954)

Headnote :

A Hindu died leaving behind his widow and daughters. The properties left behind by the deceased were inherited by the widow, and they were in her possession when the Hindu Succession Act, 1956 came into force. Subsequent to the enforcement of the Act, she adopted a son and thereafter settled a part...

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Management of Advance Insurance Co. Ltd. Vs. Shri Gurudasmal & Ors [1970] INSC 51 (4 March 1970)

Judgement Date : 04 Mar 1970

Citation : 1970 Latest Caselaw 51 SC

Constitution of India
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
Police Act, 1861
Police Act, 1861

Headnote :

Entry 80 in List 1 of the 7th Sch. to the Constitution of India 1950 corresponding to entry 39 in the Federal List of the Government of India Act, 1935, empowered the Central Legislature inter alia to extend the powers and jurisdiction of members of the police force 'belonging to' any State...

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G.R.Baqual Vs. State of Jammu & Kashmir [1970] INSC 52 (4 March 1970)

Judgement Date : 04 Mar 1970

Citation : 1970 Latest Caselaw 52 SC

Headnote :

The appellant and respondents 2, 3 and 4 were superintendents in the State Secretariat service, the appellant being junior to the three respondents. In 1959, the appellant was appointed as Personal Assistant to the Chairman of the Legislative Council, and shortly thereafter, the three respondents we...

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Chaman Lal Vs. The State of Punjab [1970] INSC 53 (6 March 1970)

Judgement Date : 06 Mar 1970

Citation : 1970 Latest Caselaw 53 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, who was the President of the local Municipal Committee, was convicted under Section 500 of the Indian Penal Code on a complaint that he had made defamatory remarks in respect of the character of the complainant, aNurse attached to the Civil Dispensary, at a public meeting; that he...

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Siddanna Apparao Patil Vs. State of Maharashtra [1970] INSC 54 (6 March 1970)

Judgement Date : 06 Mar 1970

Citation : 1970 Latest Caselaw 54 SC

CrPC Section 410. Withdrawal of cases by Judicial Magistrates
Indian Penal Code, 1860 (IPC)

Narayan Swami Vs. State of Maharashtra [1967] INSC 243 (26 October 1967)

Headnote :

The appellant and another were charged under s. 302 read with s. 34, I.P.C. The second accused was acquitted but the appellant was convicted and sentenced to imprisonment for life by the Sessions Court. In appeal to the High Court, the appellant raised various arguable and substantial questions of l...

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Kanpur Sugar Works Ltd. Vs. State of Bihar & Ors [1970] INSC 55 (6 March 1970)

Judgement Date : 06 Mar 1970

Citation : 1970 Latest Caselaw 55 SC

Bihar Land Reforms Act, 1950

Headnote :

The appellant was engaged in the business of manufacture of sugar, in the respondent-State. It was in possession of Zamindari property. Part of the area in its possession consisted of two enclosures The factory buildings were situated in the inner enclosure and the outer was used for residential qua...

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P. Sirajuddin Vs. State of Madras [1970] INSC 56 (9 March 1970)

Judgement Date : 09 Mar 1970

Citation : 1970 Latest Caselaw 56 SC

CrPC Section 163. No inducement to be offered
CrPC Section 164. Recording of confessions and statements
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)

Headnote :

On March 1, 1964, the Chief Minister of the State received a petition containing allegations of corruption against the appellant (a Superintending Engineer) and the Chief Minister asked the Director of Vigilance and Anti-Corruption to make enquiries. On March 10, 1964, the Director submitted a note...

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Union of India Vs. The Lonavla Borough Municipality of Lonavla, District Poon [1970] INSC 57 (9 March 1970)

Judgement Date : 09 Mar 1970

Citation : 1970 Latest Caselaw 57 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent Municipality, which at the time was governed by the Bombay District Municipal Act 3 of 1901 levied a tax on lands and buildings situated within its municipal limits at 4 per cent of the annual rental value. However, no such tax was levied on the buildings and lands of the G.I.P. Ra...

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Jagannath Singh & Ors Vs. Dr. Ram Naresh Singh [1970] INSC 58 (10 March 1970)

Judgement Date : 10 Mar 1970

Citation : 1970 Latest Caselaw 58 SC

Headnote :

A motion for contempt against the appellants was made and it was shown on the daily cause list on Monday, 1st of May 1967 before a Judge of the High Court. On that day the case did not reach and it was shown on the next day. The name of the counsel of the appellants was not correctly mentioned in th...

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Bihar School Examination Board Vs. Subhas Chandra Sinha, & Ors [1970] INSC 59 (10 March 1970)

Judgement Date : 10 Mar 1970

Citation : 1970 Latest Caselaw 59 SC

Headnote :

In March 1969, candidates took the Secondary School Examination at various centers. The results from all centers were released in July 1969, with the exception of one specific center. At this center, the tabulators reported an unusually high percentage of marks and successful candidates (80% or more...

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Fateh Bibi Vs. Charan Dass [1970] INSC 60 (10 March 1970)

Judgement Date : 10 Mar 1970

Citation : 1970 Latest Caselaw 60 SC

Headnote :

K\'s son C passed away in 1925, and his mother B inherited his properties. B retained possession of these properties until her death in 1946. Following her passing, her daughter M inherited the properties, but M died in 1950. The respondent-plaintiff is M\'s son. In 1955, he initiated a lawsuit clai...

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S.N. Sharma Vs. Bipen Kumar Tiwari & Ors [1970] INSC 61 (10 March 1970)

Judgement Date : 10 Mar 1970

Citation : 1970 Latest Caselaw 61 SC

CrPC Section 1. Short title, extent and commencement
CrPC Section 159. Power to hold investigation or preliminary inquiry

Headnote :

A first information report was filed regarding a crime, naming the appellant, who served as the Additional District Magistrate (Judicial), as the main accused. The reported offenses were cognizable, prompting the police to register the case and initiate an investigation.The appellant sought the Judi...

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Bhimappa Bassappa Bhu Sannavar Vs. Laxman Shivarayappa Samagouda & Ors [1970] INSC 62 (11 March 1970)

Judgement Date : 11 Mar 1970

Citation : 1970 Latest Caselaw 62 SC

CrPC Section 207. Supply to the accused of copy of police report and other documents

Headnote :

The appellant\'s residence was set ablaze and completely destroyed. Following a report made by his son, the police arrested Respondents 1 and 2 and filed a charge-sheet against them. The appellant was unhappy that Respondent No. 3 was not also prosecuted, so he lodged a complaint against him in the...

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Hethubha Alias Jithuba Madhuba & Ors Vs. The State of Gujarat [1970] INSC 63 (13 March 1970)

Judgement Date : 13 Mar 1970

Citation : 1970 Latest Caselaw 63 SC

CrPC Section 429. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The three appellants faced charges under sections 302 and 323 in conjunction with section 34 of the Penal Code. Appellants 1 and 2 were specifically charged with the individual offenses of intentionally causing A\'s death, mistakenly believing him to be V, and for inflicting simple harm on V. The Se...

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D. P. Mishra Vs. Kamal Narayan Sharma & ANR [1970] INSC 64 (13 March 1970)

Judgement Date : 13 Mar 1970

Citation : 1970 Latest Caselaw 64 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963
Representation of the People Act, 1951

Vidyacharan Shukla Vs. Khubchand Baghel & Ors [1963] INSC 261 (20 December 1963)

Headnote :

The first respondent contested the appellant\'s election, alleging that he engaged in various corrupt practices during the election held in June 1963. The Election Tribunal dismissed these allegations and rejected the petition. However, the High Court later accepted an appeal under Section 116A of t...

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Jugraj Singh & ANR Vs. Jaswant Singh & Ors [1970] INSC 65 (16 March 1970)

Judgement Date : 16 Mar 1970

Citation : 1970 Latest Caselaw 65 SC

Headnote :

V, the son of the mortgagor, executed a power of attorney in California (U.S.A.) granting S the authority to sell the property, execute the sale deed, and present it for registration. S then executed the sale deed in favor of the respondents, who subsequently sought redemption of the mortgage under...

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Perumal Nadar Vs. Ponnuswami [1970] INSC 66 (17 March 1970)

Judgement Date : 17 Mar 1970

Citation : 1970 Latest Caselaw 66 SC

Headnote :

On November 29, 1950, Perumal Nadar, a Hindu, married Annapazham, the daughter of an Indian Christian, in Kannimadam, within the State of Travancore-Cochin, following Hindu customs. They had two children, but one passed away. The surviving child, a son born in 1958, initiated legal proceedings throu...

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State of Maharashtra & ANR Vs. Champalal Kishanlal Mohta [1970] INSC 67 (17 March 1970)

Judgement Date : 17 Mar 1970

Citation : 1970 Latest Caselaw 67 SC

Bombay Sales Tax Act, 1959
Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

The sale contract made by the respondent clearly stated that the timber to be sold would be severed. The High Court determined that the sale of standing trees did not qualify as a sale of goods subject to sales tax under the Bombay Sales Tax Act, 1959, and this ruling was upheld by this Court upon a...

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Debi Prasad Vs. Tribeni Devi & Ors [1970] INSC 68 (18 March 1970)

Judgement Date : 18 Mar 1970

Citation : 1970 Latest Caselaw 68 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Lakshman Singh Kothari Vs. Smt. Rup Kanwar [1961] INSC 114 (22 March 1961)

Headnote :

The appellant initiated a lawsuit in 1946, asserting that he was the closest heir to his maternal uncle, G, who passed away in 1934.S, the first defendant (the predecessor of the respondents), contested the lawsuit by claiming that he had been adopted by G on the day of his birth in 1892. Relatives...

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The State of Assam & ANR Vs. Mahendra Kumar Das & Ors [1970] INSC 69 (18 March 1970)

Judgement Date : 18 Mar 1970

Citation : 1970 Latest Caselaw 69 SC

Police Act, 1861
Police Act, 1861

Headnote :

The first respondent was, at the relevant time, a Sub-Inspector in the service of the State of Assam. A confidential inquiry was conducted against him by the Superintendent of Police of the Anti-Corruption Branch regarding certain allegations, and a report was submitted to the Government in 1957.Sub...

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National Bell Co. & ANR Vs. Metal Goods Mfg. Co. (P) Ltd. & ANR [1970] INSC 70 (18 March 1970)

Judgement Date : 18 Mar 1970

Citation : 1970 Latest Caselaw 70 SC

Trade and Merchandise Marks Act, 1958
Trade and Merchandise Marks Act, 1958

Headnote :

For several years leading up to 1952, cycle bells produced by Lucas and other foreign manufacturers, marked with the number \'50\' and other digits, were available in the Indian market. After 1952, the importation of foreign bells was banned, and while some foreign-made bells with the numeral \'50\'...

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Vasudev Dhanjibhai Modi Vs. Rajabhai Abdul Rehman & Ors [1970] INSC 71 (18 March 1970)

Judgement Date : 18 Mar 1970

Citation : 1970 Latest Caselaw 71 SC

Bombay Reorganisation Act, 1960

Headnote :

The appellant, who owned certain premises in Ahmadabad, initiated a lawsuit against M for eviction from the property and for an order to recover unpaid rent. The trial court dismissed the case, but the District Court later issued a decree for eviction, which was upheld despite further appeals.During...

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State of Rajasthan Vs. Kartar Singh [1970] INSC 72 (18 March 1970)

Judgement Date : 18 Mar 1970

Citation : 1970 Latest Caselaw 72 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 288. Return of commissions

Headnote :

A father and son faced charges for seven murders.K, a witness, recounted the events in the committal court, explaining that the two accused entered the deceased\'s home armed with a pistol and a sword, respectively. The son attacked the victims, and the father fired when his son was apprehended by M...

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Noor Mohammad Mohd. Yusuf Momin Vs. State of Maharashtra [1970] INSC 73 (24 March 1970)

Judgement Date : 24 Mar 1970

Citation : 1970 Latest Caselaw 73 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Four individuals were charged with conspiracy to commit murder under section 120-B and murder under section 302 in conjunction with section 34.The fourth individual faced additional charges under section 302 in conjunction with section 109 for allegedly aiding the murder carried out by the other thr...

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Collector of Customs, New Delhi Vs. Ghulam Sarwar & Ors [1970] INSC 74 (24 March 1970)

Judgement Date : 24 Mar 1970

Citation : 1970 Latest Caselaw 74 SC

CrPC Section 236. Previous conviction
Customs Act, 1962
Foreigners Act, 1946
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
Registration of Foreigners Act, 1939

Headnote :

The individual in question was a Pakistani national who was arrested on May 8, 1964. Following his arrest, he confessed to a Magistrate, revealing his involvement in two distinct conspiracies alongside various co-defendants. However, the customs authorities believed there was only one conspiracy and...

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Narayan Nathu Naik Vs. State of Maharashtra [1970] INSC 75 (25 March 1970)

Judgement Date : 25 Mar 1970

Citation : 1970 Latest Caselaw 75 SC

Headnote :

The initial information report in a murder case was documented on a sheet of paper and subsequently transcribed into the register for first information reports. The Sessions Judge found the appellant guilty based on the evidence presented, despite the first information report not being documented in...

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Sri Bhavanarayanaswamivari Temple Vs. Vadapalli Venkata Bhavanarayanacharyulu [1970] INSC 76 (25 March 1970)

Judgement Date : 25 Mar 1970

Citation : 1970 Latest Caselaw 76 SC

Headnote :

In 1931, the Madras Endowments Board established a scheme to improve the management of the appellant temple. During this process, a question arose regarding whether the properties in question belonged to the temple. The respondent\'s family claimed that these properties had been granted to them as a...

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Hargun Sunder Das Godeja & Ors Vs. State of Maharashtra [1970] INSC 77 (26 March 1970)

Judgement Date : 26 Mar 1970

Citation : 1970 Latest Caselaw 77 SC

Constitution of India

Headnote :

The appellants faced charges of criminal conspiracy and criminal breach of trust concerning 80 bags of wheat. They were convicted by the High Court for various offenses under the Penal Code and the Prevention of Corruption Act. The evidence revealed some irregularities in the record-keeping related...

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Sahadu Gangaram Bhagade Vs. Spl. Deputy Collector, Ahmadnagar & ANR [1970] INSC 78 (30 March 1970)

Judgement Date : 30 Mar 1970

Citation : 1970 Latest Caselaw 78 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant\'s land in District Ahmednagar was acquired under the Requisitioning and Acquisition of Immovable Property Act, 30 of 1952. Dissatisfied with the compensation determined by the Special Land Acquisition Officer, the appellant sought arbitration as permitted by section 8(1)(b) of the Act...

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Andhra Pradesh Grain & Seed Merchants' Association Et Vs. Union of India & ANR [1970] INSC 79 (31 March 1970)

Judgement Date : 31 Mar 1970

Citation : 1970 Latest Caselaw 79 SC

Indian Penal Code, 1860 (IPC)
IPC Section 276. Sale of drug as a different drug or preparation

Headnote :

The petitioners, who are traders dealing in foodgrains, edible oils, and other food items, filed a petition under Article 32 challenging the constitutionality of sections 7, 10, and 19 of the Prevention of Food Adulteration Act, 1954. They argued that: (1) sections 7 and 10 of the Act violate Articl...

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Nookala Setharamaiah Vs. Kotaiah Naidu & Ors [1970] INSC 80 (31 March 1970)

Judgement Date : 31 Mar 1970

Citation : 1970 Latest Caselaw 80 SC

Headnote :

In September 1953, the first respondent submitted an application for a mining lease covering over 900 acres in what was then Hyderabad State.In January 1954, the State Government granted him a lease of approximately 57 acres, but did not address the other areas included in his application. While the...

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