Caselaw | Supreme Court Judgements of april 1971

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Regional Provident Fund Commissioner, Andhra Pradesh Vs. Shri T. S. Hariharan [1971] INSC 102 (1 April 1971)

Judgement Date : 01 Apr 1971

Citation : 1971 Latest Caselaw 102 SC

Headnote :

The respondent operated a hotel and, due to a disruption in the water supply, had to hire some individuals temporarily to transport water from a tank. The Provident Fund Commissioner aimed to enforce the provisions of the Employees\' Provident Funds Act of 1957 and the Provident Fund Scheme of 1952...

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Bank of Bihar Vs. State of Bihar & Ors [1971] INSC 103 (1 April 1971)

Judgement Date : 01 Apr 1971

Citation : 1971 Latest Caselaw 103 SC

Headnote :

Defendant No. 2 pledged certain sugar to the plaintiff bank (the appellant in this case) as part of a cash credit agreement.A portion of this sugar was confiscated under the Public Demands Recovery Act due to a sugar cess demand from the Cane Commissioner. The sugar was subsequently sold, and the pr...

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Parshottam Jadavji Jani Vs. State of Gujarat & Ors [1971] INSC 104 (1 April 1971)

Judgement Date : 01 Apr 1971

Citation : 1971 Latest Caselaw 104 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The State Government issued a notification under section 4 of the Land Acquisition Act, 1894, declaring that the appellant\'s land was required for the public purpose of constructing an Industrial Estate by the Gujarat Industrial Development Corporation. The officer on special duty notified the appe...

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Sukra Mahto Vs. Basdeo Kumar Mahto &. ANR [1971] INSC 105 (2 April 1971)

Judgement Date : 02 Apr 1971

Citation : 1971 Latest Caselaw 105 SC

Indian Penal Code, 1860 (IPC)
IPC Section 499. Defamation
IPC Section 500. Punishment for defamation

Headnote :

A legal proceeding took place under section 144 of the Criminal Procedure Code involving the respondents and the appellant concerning some agricultural land in Bihar. This land was registered in the names of two brothers, Karma Ahir and Faizu Ahir, with the appellant being the grandson of Karma Ahir...

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Indian Mica & Micanite Industries Ltd. Vs. State of Bihar & Ors [1971] INSC 106 (2 April 1971)

Judgement Date : 02 Apr 1971

Citation : 1971 Latest Caselaw 106 SC

Bihar and Orissa Excise Act, 1915
Factories Act, 1948
Government of India Act, 1935

Ratilal Panachand Gandhi Vs. The State of Bombay & Ors [1954] INSC 31 (18 March 1954)

Headnote :

The appellant was utilizing denatured spirit in the production of micanite. It contested the validity of Rule III of the regulations established under Section 90 of the Bihar and Orissa Excise Act, 1915, which imposed a fee for a license to possess denatured spirit. The High Court affirmed the charg...

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Delhi Administration Vs. S. N. Khosla [1971] INSC 107 (2 April 1971)

Judgement Date : 02 Apr 1971

Citation : 1971 Latest Caselaw 107 SC

Headnote :

The individual in question, an income tax officer, acquired goods on credit from multiple stores without making any payments. He faced prosecution and was found guilty under section 5(2) of the Prevention of Corruption Act, 1947. The High Court determined that there was no evidence to support an off...

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Jonnala Narasimharao & Co. & Ors Vs. State of Andhra Pradesh & Ors [1971] INSC 108 (5 April 1971)

Judgement Date : 05 Apr 1971

Citation : 1971 Latest Caselaw 108 SC

Andhra Pradesh General Sales Tax Act, 1957

Headnote :

The appellants operated as Commission Agents for jaggery in Andhra Pradesh, facilitating the sale of jaggery while charging a nominal commission for their services and providing accounts to their Principals regarding these sales. Every buyer was clearly informed that they were purchasing jaggery fro...

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Manharlal Bhogilal Shah Vs. State of Maharashtrra [1971] INSC 109 (5 April 1971)

Judgement Date : 05 Apr 1971

Citation : 1971 Latest Caselaw 109 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was charged with importing contraband and prohibited items. He faced prosecution under section 167, item 81 of the Sea Customs Act of 1878, following a complaint from the relevant authority under section 187A, and was found guilty.The issue at hand was whether section 187-A infringed u...

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Batahari Jena Vs. State of Orissa [1971] INSC 110 (5 April 1971)

Judgement Date : 05 Apr 1971

Citation : 1971 Latest Caselaw 110 SC

Headnote :

The appellant, born on January 1, 1910, began his career as an engineer with the former Indian State of Mayurbhanj in Orissa on November 1, 1937. Following the merger of that State with the Province of Orissa on January 1, 1949, he became an officer of the province. At that time, the retirement age...

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Chapsibhai Dhanjibhai Danad Vs. Purushotram [1971] INSC 111 (5 April 1971)

Judgement Date : 05 Apr 1971

Citation : 1971 Latest Caselaw 111 SC

Transfer of Property Act, 1882

Headnote :

In 1906, the predecessor of the respondent leased an open piece of land to the appellant\'s father for the purpose of constructing a residential building. The lease was set for a definite term of 30 years, allowing the lessee to retain possession of the land as long as the agreed rent was paid, whic...

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K. R. Deb Vs. Collector of Central Excise, Shillong [1971] INSC 112 (7 April 1971)

Judgement Date : 07 Apr 1971

Citation : 1971 Latest Caselaw 112 SC

Headnote :

The appellant served as a sub-Inspector of Central Excise and faced a departmental inquiry regarding allegations of misappropriating Government funds. Initially, the Inquiry Officer cleared him of the charges. However, the Collector of Central Excise instructed a second Inquiry Officer to gather add...

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Kumari N. Vasundara Vs. State of Mysore & ANR [1971] INSC 113 (15 April 1971)

Judgement Date : 15 Apr 1971

Citation : 1971 Latest Caselaw 113 SC

Constitution of India

Minor P. Rajendran Vs. State of Madras & Ors [1968] INSC 10 (17 January 1968)

Headnote :

Rule 3 of the selection criteria for candidates seeking admission to the pre-professional course leading to M.B.B.S. in Government Medical Colleges in the State of Mysore states that \"no individual who is not an Indian citizen and who has not been a resident of the State of Mysore for at least ten...

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Firm of Harbanslal Jagmohandas & ANR Vs. Prabhudas Shivlal [1971] INSC 114 (16 April 1971)

Judgement Date : 16 Apr 1971

Citation : 1971 Latest Caselaw 114 SC

Shankar Madhoji Nemade Vs. Chisuji Janaji Bhadke & Ors [1970] INSC 178 (8 September 1970)
Hari Narain Vs. Badri Das [1963] INSC 46 (4 March 1963)

Headnote :

The landlord of certain premises in Surat initiated a lawsuit to evict the tenants, the petitioners, citing nonpayment of rent as the reason.In their written response, the petitioners disputed the standard rent and argued that they had raised this dispute within the legally permitted timeframe of on...

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Hussain Bhai & Ors Vs. Commissioner of Income Tax, Madras [1971] INSC 115 (16 April 1971)

Judgement Date : 16 Apr 1971

Citation : 1971 Latest Caselaw 115 SC

Headnote :

A notice was issued under section 34(1)(a) of the Income-tax Act, 1922 in February 1957 to the appellant regarding escaped income amounting to Rs. 40,000 for the assessment year 1948.Upon appeal, the Appellate Assistant Commissioner determined that the proceedings were unlawful. Subsequently, on Jul...

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State of Maharashtra Vs. Laxman Abaji A ANR [1971] INSC 116 (20 April 1971)

Judgement Date : 20 Apr 1971

Citation : 1971 Latest Caselaw 116 SC

Hyderabad Abolition of Inams and Cash Grants Act, 1954

Headnote :

Regarding the issue of whether the landlord-tenant relationship persisted from July 20, 1955, when the inams were abolished and the land was transferred to the State under the Hyderabad Abolition of Inams Act, 1954 (VIII of 1955), until July 1, 1960, when a notification under section 1(3)(b) of the...

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State of Madhya Pradesh Vs. Shiv Kunwarbai [1971] INSC 117 (20 April 1971)

Judgement Date : 20 Apr 1971

Citation : 1971 Latest Caselaw 117 SC

Headnote :

The former ruler of the State of Jhabua granted jagirs to N and R, which were forfeited in 1943. On March 30, 1948, the ruler issued an order claiming a significant number of immovable properties, including certain houses occupied by N and R, as his private properties. Then, on April 1, 1948, he iss...

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Azmat Azim Khan Vs. Board of Revenue, Uttar Pradesh, Allahabad & Ors [1971] INSC 118 (21 April 1971)

Judgement Date : 21 Apr 1971

Citation : 1971 Latest Caselaw 118 SC

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

Headnote :

A decree was issued against the appellant\'s father under the U.P. Encumbered Estates Act, 1934, based on a mortgage deed. This decree was then transferred to the Deputy Commissioner for the purpose of settling debts.Subsequently, the U.P. Zamindari Abolition and Land Reforms Act, 1951 was enacted,...

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Raja Shantrunji Vs. Moazmat Azmat Azim Khan & Ors [1971] INSC 119 (21 April 1971)

Judgement Date : 21 Apr 1971

Citation : 1971 Latest Caselaw 119 SC

Code of Civil Procedure, 1908 (CPC)

The State of Bombay Vs. Pandurang Vinayak Chaphalkar & Ors [1953] INSC 20 (13 March 1953)

Headnote :

An application was submitted by the respondents for a reduction of the decretal amount from a decree issued under the U.P. Encumbered Estates Act of 1934, based on section 4 of the U.P. Zamindars\' Debt Reduction Act of 1953. This application was denied by the Special Judge operating under the 1953...

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M. Gurumoorthy Vs. Accountant General Assam & Nagaland & Ors [1971] INSC 120 (21 April 1971)

Judgement Date : 21 Apr 1971

Citation : 1971 Latest Caselaw 120 SC

Constitution of India
Government of India Act, 1935

Headnote :

The appellant was appointed as the Secretary to the Chief Justice of Assam effective August 24, 1956, for a permanent position approved by the State Government.Subsequently, the stenographers\' service in the High Court underwent reorganization with the State Government\'s approval.As part of this r...

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Union of India & ANR Vs. B. N. Ananti Padmabiah [1971] INSC 121 (22 April 1971)

Judgement Date : 22 Apr 1971

Citation : 1971 Latest Caselaw 121 SC

CrPC Section 10. Subordination of assistant Sessions Judges
CrPC Section 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
CrPC Section 13. Special Judicial Magistrates
CrPC Section 18. Special Metropolitan Magistrates
CrPC Section 32. Mode of conferring powers
CrPC Section 429. Saving
CrPC Section 5. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The appellants faced charges under sections 5(2), 5(1)(c), and 5(1)(d) of the Prevention of Corruption Act, 1947, as well as sections 467 and 471 of the Indian Penal Code, as brought by the Special Judge in Gauhati. Subsequently, the appellants submitted revision petitions to the High Court of Assam...

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Balraj Khanna & Ors Vs. Moti Ram [1971] INSC 122 (22 April 1971)

Judgement Date : 22 Apr 1971

Citation : 1971 Latest Caselaw 122 SC

Indian Penal Code, 1860 (IPC)
IPC Section 499. Defamation

Headnote :

The complainant lodged a grievance against the appellants under Section 500 of the Indian Penal Code, claiming they made defamatory statements about him. He asserted that the appellants passed a resolution to suspend him from municipal service, during which they made unfounded and outrageous allegat...

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State of U. P. Vs. Rahmatullah [1971] INSC 123 (23 April 1971)

Judgement Date : 23 Apr 1971

Citation : 1971 Latest Caselaw 123 SC

Citizenship Act, 1955
Citizenship Rules, 1956
Foreigners Order, 1948

Headnote :

The individual in question was an Indian citizen when the Constitution came into effect in 1950. He entered India on April 1, 1955, using a Pakistani passport issued on March 15, 1955, and remained in the country beyond the allowed duration. In 1963, he was arrested and charged under section 14 of t...

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B. C. Das Vs. State of Assam & Ors [1971] INSC 124 (23 April 1971)

Judgement Date : 23 Apr 1971

Citation : 1971 Latest Caselaw 124 SC

Constitution of India
Government of India Act, 1935

Headnote :

The appellants were terminated from their positions in the Government of Assam through two separate orders issued by the Governor on April 1, 1965. These orders stated that the appellants were deemed unfit to remain in public service, that their dismissal was warranted, and that the Governor was con...

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Dwarka Nath & ANR Vs. Municipal Corporation of Delhi [1971] INSC 125 (23 April 1971)

Judgement Date : 23 Apr 1971

Citation : 1971 Latest Caselaw 125 SC

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

Headnote :

The appellants were engaged in the business of selling ghee. The labels on their ghee tins included the name of their business and the postal division, but they did not provide the premises number or the specific locality of their business. As a result of this non-compliance with the packing and lab...

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Basappa Rudrappa Betgeri & Ors Vs. Hubli Dharwar Muncipal Corporation [1971] INSC 126 (27 April 1971)

Judgement Date : 27 Apr 1971

Citation : 1971 Latest Caselaw 126 SC

Headnote :

The respondent Corporation was initially established as a Borough under the Bombay Municipal Boroughs Act of 1925 and was transformed into a Corporation in 1962. The Borough possessed several buildings within its jurisdiction, some of which were leased to the appellants in 1953.The leases were renew...

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State of Mysore & ANR Vs. Pendakur Virupanna Setty & Sons [1971] INSC 127 (27 April 1971)

Judgement Date : 27 Apr 1971

Citation : 1971 Latest Caselaw 127 SC

Andhra State Act, 1953

Headnote :

Due to the Andhra State Act of 1953, a portion of the Bellary district from Madras was incorporated into the former State of Mysore. Subsequently, the State Re-organisation Act of 1956 resulted in a segment of the South Kanara district of Madras also becoming part of Mysore State. According to the p...

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Commissioner of Income-Tax, Mysore, Bangalore Vs. The Mysore Electrical Industries Ltd. [1971] INSC 128 (27 April 1971)

Judgement Date : 27 Apr 1971

Citation : 1971 Latest Caselaw 128 SC

Companies (Profits) Surtax Act, 1964

Headnote :

The amounts should be included with other items for calculating the respondent\'s capital as of April 1, 1963, in accordance with rule 1 of the Second Schedule of the Companies (Profits) Surtax Act, 1964.HELD: The inability of the directors to allocate the sums to various types of reserves does not...

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Indian Airlines Corporation Vs. Sukhdeo Rai [1971] INSC 129 (27 April 1971)

Judgement Date : 27 Apr 1971

Citation : 1971 Latest Caselaw 129 SC

Life Insurance Corporation Act, 1956
Road Transport Corporations Act, 1950

Headnote :

The appellant is a corporation established under the Air Corporation Act of 1953. This Act empowers the corporation to appoint officers and other employees, as well as to create regulations that outline the terms and conditions of service for these individuals.The respondent, who was employed as a m...

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Spencer & Co. Vs. State of Mysore & Ors [1971] INSC 130 (27 April 1971)

Judgement Date : 27 Apr 1971

Citation : 1971 Latest Caselaw 130 SC

Headnote :

The appellant company owned a hotel in Bangalore, and the vacant land adjacent to the building was utilized for the enjoyment of the property, featuring gardens and lawns.According to section 99(2)(b) of the City of Bangalore Municipal Corporation Act, 1949, as amended in 1964, land adjacent to a bu...

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Workmen of William Jacks & Co. Ltd., Madras Vs. Management of William Jacks & Co. Ltd., Madras [1971] INSC 131 (28 April 1971)

Judgement Date : 28 Apr 1971

Citation : 1971 Latest Caselaw 131 SC

Payment of Bonus Act, 1965

Headnote :

The appellants, who are employees of the respondent, asserted that they were entitled to receive a bonus at the maximum rate of 20% of their annual wages for the years 1964 and 1965. However, the respondent argued that there was no surplus available, and therefore, the obligation to pay a bonus for...

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Arun Ranjan Mukherjee Vs. Union of India & Ors [1971] INSC 132 (29 April 1971)

Judgement Date : 29 Apr 1971

Citation : 1971 Latest Caselaw 132 SC

Constitution of India

Headnote :

The appellant enlisted in the Indian Army as a Commissioned Officer in 1942 and achieved the rank of Major by 1945. His services were subsequently assigned to the State of West Bengal, and on January 10, 1949, he was appointed as the Commandant of the Special Police Battalion, a position equivalent...

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Maharashtra State Road Transport Corporation Vs. Mangrulpir J T. Motor Service (P) Ltd. & Ors [1971] INSC 133 (29 April 1971)

Judgement Date : 29 Apr 1971

Citation : 1971 Latest Caselaw 133 SC

Motor Vehicles Act, 1939

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

Headnote :

The respondents consisted of bus operators seeking to renew their permits, which were set to expire on various dates between February 28, 1966, and September 30, 1966. The Maharashtra State Road Transport Corporation (the appellant) sought to obtain substantive permits in place of the renewal applic...

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T. C. M. Pillai Vs. Indian Institute of Technology, Guindy, Madras [1971] INSC 134 (29 April 1971)

Judgement Date : 29 Apr 1971

Citation : 1971 Latest Caselaw 134 SC

Institutes of Technology Act, 1961

Headnote :

The appellant, a scientist, was hired by the respondent institute on a probationary basis. He had signed a bond to serve Kerala University, but failed to disclose this information. He frequently challenged the Institute\'s Rules and Regulations and questioned orders from superiors, even threatening...

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Md. Usman & Ors Vs. State of Andhra Pradesh & Ors [1971] INSC 135 (29 April 1971)

Judgement Date : 29 Apr 1971

Citation : 1971 Latest Caselaw 135 SC

Headnote :

The legitimacy of the appellants\' recruitment as Grade II Sub-registrars, along with the constitutionality of rule 5 of the Andhra Pradesh Registration Subordinate Service Special Rules under which this recruitment occurred, was contested by several respondents. This rule outlines the qualification...

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University of Poona & Ors Vs. Shankar Narhar Ageshe & Ors [1971] INSC 136 (30 April 1971)

Judgement Date : 30 Apr 1971

Citation : 1971 Latest Caselaw 136 SC

Conduct of Elections Rules, 1961

Headnote :

According to section 11 of the Poona University Act, 1948, the Vice Chancellor is to be elected by the University Court from a list of three candidates proposed by the Executive Council. The election process utilizes proportional representation through a single transferable vote by ballot. In this i...

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Narayanswami Vs. State of Maharashtras [1971] INSC 137 (30 April 1971)

Judgement Date : 30 May 1971

Citation : 1971 Latest Caselaw 137 SC

CrPC Section 479. Cases in which Judge or Magistrate is personally interested

Headnote :

The stipulation in sub-section (1) of section 479A of the Code of Criminal Procedure, which mandates providing the witness an opportunity to be heard after the necessary findings are recorded and before filing the complaint, is not obligatory. This action is only required if the court deems it appro...

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