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 ran a hotel. Due to failure of water supply he had to employ some persons to bring water from the tank for a short period. .The Provident Fund Commissioner sought to enforce the provisions of the Employees' Provident Funds Act, 1957, and the Provident Fund Scheme, 1952, against hi...

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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 :

Certain sugar was pledged with the plaintiff bank (appellant herein) by Defendant No. 2 under a cash credit agreement. Part of the said sugar was seized under the Public Demands Recovery Act in connection with a demand of sugar cess by the Cane Commissioner. The sugar was sold and the sale procee...

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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 :

By a notification issued under s. 4 of the Land Acquisition Act, 1894, the State Government declared that the appellant's lands were needed for the public purpose of construction of an Industrial Estate by the Gujarat Industrial Development Corporation. The officer on special duty informed the a...

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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 :

There was a proceeding under s. 144 of the Criminal Procedure Code between the respondents and the appellant regarding some agricultural land in Bihar. The land was recorded in the names of the two brothers Karma Ahir and Faizu Ahir. The appellant was the grandson of the former. The first respond...

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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 using denatured spirit in the manufacture of micanite. It challenged the vires of r. IIIof the Rules framed under s. 90 of the Bihar and Orissa Excise Act, 1915, by which a fee for a licence to possess denatured spirit was imposed. The. High Court upheld the levy as a fee for servi...

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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 respondent, an income tax officer obtained goods on credit from several shops without paying for the same. He was prosecuted and convicted under s. 5(2) of the Prevention of the Corruption Act, 1947. The High Court held that no offence under cl. (b) or cl. (d) of s. 5(1) was proved. Dismissin...

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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 carried on the business of Commission Agents in Jaggery in Andhra Pradesh. They arranged for the sale of jaggery charging a small commission for their service and rendering an account to their Principals in respect of those sales. Every buyer was fully apprised of the fact that he was...

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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 imported consignments of contraband and prohibited goods. He was prosecuted for an offence under s. 167, item 81. of the Sea Customs Act, 1878, on a complaint by the appropriate authority under s. 187A, and was convicted. On the question whether s. 187-A violated Art. 14 of the Cons...

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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 who was born on January 1,1910 entered the service of the former Indian State of Mayurbhanj in Orissa as an engineer on 1st November 1937. On the merger of that State with the Province of Orissa on January 1, 1949 he became an officer of the said province. 'The age of superannuatio...

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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-in-title of the respondent leased out an open portion of land to the appellant's father. The lease was for building a residential structure, and the appellant constructed a house. Though it was for 30 years certain, the lessee was entitled to remain in possession of the l...

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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 was a sub-Inspector of Central Excise. A departmental inquiry was held against him in respect of a charge of misappropriation of Government money. The Inquiry Officer exonerated him. The Collector Central Excise, ordered another Inquiry Officer to make a report after taking further evi...

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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 rules for selection of candidates for admission to the pre-professional course leading to M.B.B.S. in the Government Medical Colleges in the State of Mysore provided that "no person who is not a citizen of India and who is not domiciled and resident in the State of Mysore for not...

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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 respondent who was the landlord of certain premises in Surat, filed a suit for the eviction of the petitioners, who were the tenants, on the ground of nonpayment of rent. The petitioners filed a written statement in which they raised a dispute regarding the standard rent, and also con- tended...

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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 :

Notice under s. 34(1) (a) of the Income-tax Act, 1922 was served in, February 1957 on the appellant with respect to escaped income of Rs. 40,000 for the assessment year 1948 49. On appeal the Appellate Assistant Commissioner held that the proceedings were illegal. On July 9, 1958, the Income-tax...

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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 :

On the question whether the relationship of landlord and tenant continued to subsist between July 20, 1955 when the inams were abolished and the land vested in the State under the Hyderabad Abolition of Inams Act, 1954 (VIII of 1955) and July 1, 1960 when a notification under s. 1(3)(b) of the Act m...

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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 ruler of the erstwhile State of Jhabua granted jagirs to N and R. The Jagirs were forfeited in 1943. On March. 30, 1948 the Ruler made an order purporting to declare a large number of immovable properties, including certain houses in the occupation of N and R as his private proper. ties. On Apri...

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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 :

There was a decree under the provisions of the U.P. Encumbered Estates Act, 1934 against the appellant's father on the basis of a mortgage deed. The decree was transferred to the Deputy Commissioner for liquidation of debts. Meanwhile the U.P. Zamindari Abolition and Land Reforms Act, 1951 ca...

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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 for the reduction of the decretal amount of a decree passed under the U.P. Encumbered Estates Act, 1934, filed by the respondents under s. 4 of the U.P. Zamindars' Debt Reduction Act, 1953, was rejected by the Special Judge acting under 1953-Act, on the ground that unless and unti...

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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 Secretary to the Chief Justice of Assam with effect from August 24, 1956 against a permanent post sanctioned by the State Government. Thereafter the stenographers' service in the High Court was reorganised with the sanction of the State Government. Under the reo...

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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 were charged with offences under s. 5(2) & 5(1) (c) and 5(1) (d) of the Prevention of Corruption Act, 1947 as well as under ss. 467 and 471 of the Indian Penal Code by the Special Judge, Gauhati. The appellants filed revision petitions in the High Court of Assam & Nagaland....

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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 respondent filed a complaint against the appellants under s. 500 I.P.C. alleging that they made certain defamatory allegations against him. According to him the appellants passed a resolution suspending him from municipal service, that in the course of the discussion relating to the passing of t...

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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 respondent was a citizen of India at the commencement of the Constitution in 1950. He entered India on April 1, 1955, with a Pakistani passport dated March 15, 1955, and overstayed in India beyond the permitted period. He was arrested in 1963 and was charged with an offence under s. 14 of the Fo...

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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 dismissed from the service of the Government of Assam by two separate orders passed by the Governor on April 1, 1965. The orders recited that the appellants were unfit to be retained in the public service, that they ought to be dismissed from service and that the Governor was sat...

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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 carrying on business in ghee. On the labels of the tins of ghee the name of the business premises of the appellants and the postal division were given but the number of premises and the locality where the premises was situate were not given. On the ground that the label did not c...

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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 originally constituted as a Borough under the Bombay Municipal Boroughs Act, 1925 having been converted into a Corporation in 1962. The Borough owned several buildings in the area of its jurisdiction and some of these were given on lease to the appellants in 1953. T...

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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 :

As a result of the Andhra State Act, 1953 a part of the Bellary district of Madras became part of the former State of Mysore, and as a result of the State Re-organisation Act, 1956 a part of the South Kanara district of Madras became part of the Mysore State. Under sections in those two Acts providi...

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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 :

should be added to other items for computation of the capital of the respondent as on the 1st day of April, 1963 in terms of rule 1 of the Second Schedule to the Companies (Profits) Surtax Act, 1964, HELD: The fact that the directors were unable to appropriate the SUMS to reserves of different ki...

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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 set up under the Air Corporation Act, 1953. The Act authorises the corporation to appoint officers and, other employees and make regulations providing the terms and conditions of service of such officers and employees. The respondent employed as a motor driver was d...

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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 at Bangalore. The vacant land appurtenant to the building was used for the beneficial enjoyment of the building as gardens and lawns. Under s. 99(2) (b) of the City of Bangalore Municipal Corporation Act, 1949 as amended in 1964 land appurtenant to a building n...

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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 workmen of the respondent claimed that for the two years 1964 and 1965 they were entitled to bonus at the maximum rate of 20% of their annual wages while the respondent contended that there was no available surplus and consequently the liability to pay bonus for these two years could...

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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 joined the Indian Army as a Commissioned Officer in 1942. He became a Major in 1945. The appellant's services were lent to the State of West Bengal and accordingly on 10-1-1949 the appellant was posted as Commandant of the Special Police Battalion, a post corresponding to a senior...

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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 were bus operators who applied for renewal of permits. which were to expire on different dates between February 28, 1966 and September 30, 1966. The Maharashtra State Road Transport Corporation (appellant herein) applied for grant of substantive permits in lieu of the renewal applica...

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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 appointed to the staff of the respondent institute on probation. He had executed a bond to serve the Kerala University but this fact was never disclosed by him. He adopted an attitude questioning the Rules and Regulations of the Institute as well as every order made b...

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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 validity of the recruitment of the appellants as GradeII Sub-registrars as well as the vires of r. 5 of the Andhra Pradesh Registration Subordinate Service Special Rules under which the recruitment was made, were challenged by some of the respondents. The rule deals with the qualifications for b...

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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 :

Under s. 11 of the Poona University Act, 1948, the Vice Chancellor shall be elected by the Court of the University, from among three persons recommended by the Executive Council, and the election shall be made by the system of proportional representation by means of a single transferable vote by bal...

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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 requirement under sub-section (1) of section 479A of the Code of Criminal Procedure, of giving the witness an opportunity of being heard after the recording of the necessary findings and before making the complaint is not mandatory. That step is required to be taken only if the court thinks fit-...

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