Caselaw | Supreme Court Judgements of december 1971

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Rajindra Nath Mahato Vs. T. Ganguly, Dy. Superintendent & ANR [1971] INSC 330 (2 December 1971)

Judgement Date : 02 Dec 1971

Citation : 1971 Latest Caselaw 330 SC

CrPC Section 191. Transfer on application of the accused
CrPC Section 192. Making over of cases to Magistrates
CrPC Section 200. Examination of complainant
CrPC Section 202. Postponement of issue of process
CrPC Section 204. Issue of processed
Indian Penal Code, 1860 (IPC)
IPC Section 395. Punishment for dacoity

Headnote :

After taking cognizance of an offence against the respondent the Magistrate enquired into it and submitted a report to the Sub-Divisional Magistrate that a prima facie case was made out against the respondents. The Sub-Divisional Magistrate directed the issue of process. The High Court in a petition...

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Hazari Lal Gupta Vs. Rameshwar Prashad & ANR [1971] INSC 331 (2 December 1971)

Judgement Date : 02 Dec 1971

Citation : 1971 Latest Caselaw 331 SC

CrPC Section 169. Release of accused when evidence deficient
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

State of West Bengal Vs. S. N. Basak [1962] INSC 141 (12 April 1962)
R. P. Kapur Vs. The State of Punjab [1960] INSC 58 (25 March 1960)

Headnote :

The appellant was living and doing business in the United Kingdom. He was arrested for offences under ss. 406 and 420 I.P.C., when he came to India. on information given by the complainants. Pending investigation, he applied for bail and the court ordered that he may be released on bail on his furni...

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Rohini Kumari Vs. Narendra Singh [1971] INSC 332 (2 December 1971)

Judgement Date : 02 Dec 1971

Citation : 1971 Latest Caselaw 332 SC

Hindu Marriage Act, 1955

Bipin Chander Jaisinghbhai Shah Vs. Prabhawati [1956] INSC 59 (19 October 1956)

Headnote :

The appellant and the respondent were married in 1945. In 1947 the appellant went to her parental home. She never returned thereafter. In 1955, prior to the coming into force of the Hindu Marriage Act, 1955, the respondent contracted a second marriage. After the Act came into force he filed a petiti...

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P. C. Purushothama Reddiar Vs. S. Perumal [1971] INSC 333 (2 December 1971)

Judgement Date : 02 Dec 1971

Citation : 1971 Latest Caselaw 333 SC

Representation of the People Act, 1951

Headnote :

The appellant challenged the validity of the election of the respondent to the Pondicherry Legislature Assembly on various grounds including corrupt practices. The High Court dismissed the election petition. In the appeal to this Court, the appellant contended (i) that the appellant's amendment...

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Ram Awadesh Singh Vs. Sumitra Devi & Ors [1971] INSC 334 (3 December 1971)

Judgement Date : 03 Dec 1971

Citation : 1971 Latest Caselaw 334 SC

Representation of the People Act, 1951

Narbada Prasad Vs. Chhagan Lal & Ors [1968] INSC 166 (30 July 1968)
Rangilal Choudhury Vs. Dahu Sao & Ors [1961] INSC 188 (26 April 1961)
Vashist Narain Sharma Vs. Dev Chandra & Ors [1954] INSC 69 (20 May 1954)

Headnote :

During the midterm election held in 1969 in Bihar the respondent and 11 others contested from the Arrah Assembly Constituency. The appellant was declared elected as having obtained the highest number of votes. His nearest rival was the respondent.' The respondent filed an election petition chall...

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Deb Sadhan Roy Vs. State of West Bengal [1971] INSC 335 (7 December 1971)

Judgement Date : 07 Dec 1971

Citation : 1971 Latest Caselaw 335 SC

Constitution of India
West Bengal (Prevention Of Violent Activities) Act, 1970

State of West Bengal Vs. Ashok Dey & Ors [1971] INSC 315 (19 November 1971)

Headnote :

The petitioner was arrested on January 29, 1971 in pursuance--of a detention order dated January 16, 1971 under the West Bengal (Prevention of Violent Activities) Act 1970. The State Government's order under s. 12 of the Act confirming the report of the Advisory Board recommending detention o...

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Himachal Pradesh Administration Vs. Shri Om Prakash [1971] INSC 336 (7 December 1971)

Judgement Date : 07 Dec 1971

Citation : 1971 Latest Caselaw 336 SC

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

Headnote :

The accused was charged with murder by stabbing, and the evidence against him was circumstantial. It consisted of : (a) evidence of ill-will against the deceased furnishing a motive (b) evidence that he was last seen in the company of the deceased, (c) evidence furnished by finger prints, that he...

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Barium Chemicals Ltd. & ANR Vs. Sh. A. J. Rana & Ors [1971] INSC 337 (7 December 1971)

Judgement Date : 07 Dec 1971

Citation : 1971 Latest Caselaw 337 SC

Constitution of India
CrPC Section 96. Application to High Court to set aside declaration of forfeiture

Headnote :

After this Court's decision in the Bariumn Chemicals Ltd. v. The Company Law Board [1966 3 S.C.R.] quashing the order of the Company Law Board passed under Cl. (b) of s. 237 of the Companies Act, 1956, the Court ordered that all the books papers and other documents seized under the order of the...

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Hardwari Lal Vs. Kanwal Singh [1971] INSC 338 (7 December 1971)

Judgement Date : 07 Dec 1971

Citation : 1971 Latest Caselaw 338 SC

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

Headnote :

The appellant was declared elected to the Haryana Legislative Assembly from Bahadurgarh constituency. The respondent challenged the election on various grounds. in para 16 of the election petition it was alleged that the appellant was guilty of the corrupt practice mentioned in s. 123(7) of the R...

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P. R. Nayak Vs. Union of India [1971] INSC 339 (7 December 1971)

Judgement Date : 07 Jul 1971

Citation : 1971 Latest Caselaw 339 SC

Railway Protection Force Act, 1957

Headnote :

The appellant was a member of the Indian Civil Service, and under F.R. 56(f) he was due to retire on November 25, 1970. The question whether a prima facie case against him was made out with respect to certain charges was referred to a Commission under the Commission of Enquiries Act, 1952, in Oct...

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State of Gujarat & ANR Vs. Zinabhai Ranchhodji Darji & Ors [1971] INSC 340 (7 December 1971)

Judgement Date : 07 Dec 1971

Citation : 1971 Latest Caselaw 340 SC

Bombay Provincial Municipal Corporations Act, 1949
Bombay Provincial Municipal Corporations Act, 1949
Gujarat Municipalities Act, 1963

Headnote :

In a Taluka Panchayat election in 1968, Respt. No. 1 was elected as a member and he was elected president of the Taluka Panchayat. Thereupon, he became ex-officio member of the Surat district Panchayat under S. 15(i)(A)(i) of the Gujarat Panchayats Act 1961. He was ultimately elected President of th...

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R. N. Nanjundappa Vs. T. Thimmiah & ANR [1971] INSC 341 (8 December 1971)

Judgement Date : 08 Dec 1971

Citation : 1971 Latest Caselaw 341 SC

Constitution of India

Headnote :

In 1957, the respondent, who was working as an Assistant Geologist in Class III Service, was sent on deputation as Vice-Principal of the School of Mines, in the State From 15th February, 1958, he was also doing the duties of the Principal. In September, 1958, the State Government appointed him as of...

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Indian Oxygen Limited Vs. Their Workmen [1971] INSC 342 (9 December 1971)

Judgement Date : 09 Dec 1971

Citation : 1971 Latest Caselaw 342 SC

Payment of Bonus Act, 1965

Headnote :

For its accounting year 1964-65 the Indian Oxygen Ltd. was liable to pay bonus under the Payment of Bonus Act 1965. The accounts of the company for the said year were passed on February 12. 1966. The company calculated bonus at the rate of 17.58% of the total annual wages of salary plus Dearness...

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State of M.P. & Ors Vs. M/S. Chhotabhai Jethabhai Patel & Co. & [1971] INSC 343 (10 December 1971)

Judgement Date : 10 Dec 1971

Citation : 1971 Latest Caselaw 343 SC

Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964

Headnote :

The respondent, a partnership firm of which the second respondent was a partner, carried on business as manufacturers of bidis at various places in the State of Madhya Pradesh. Being unable to secure sufficient tendu leaves locally, the firm took leases for the collection of such leaves in Bihar &am...

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Jagdish Prasad Alias Jagdish Prasad Gupta Vs. State of West Bengal [1971] INSC 344 (13 December 1971)

Judgement Date : 13 Dec 1971

Citation : 1971 Latest Caselaw 344 SC

Indian Penal Code, 1860 (IPC)
IPC Section 276. Sale of drug as a different drug or preparation
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant, manager of an Oil Mill, was convicted under s. 7(i)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, and sentenced to one year rigorous imprisonment. His appeal to the Sessions Judge was without success and a revision to the High Court, was also dismissed. In appeal to...

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Bhawanji Lakhamhi & Ors Vs. Himatlal Jamnadas Dani & Ors [1971] INSC 345 (14 December 1971)

Judgement Date : 14 Dec 1971

Citation : 1971 Latest Caselaw 345 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 116. TPA, Effect of holding over.
Section 6. TPA, What may be transferred.

Headnote :

The appellants were lessees of a plot of land in Bombay. The lease Was granted in 1948 and was determined by efflux of time on September 30, 1958. However the appellants continued to occupy the land and to pay rent to the lessors. On August 7, 1959 the lessors gave notice purporting to termina...

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State of West Bengal Vs. Administrator, Howrah Municipality & Ors [1971] INSC 346 (14 December 1971)

Judgement Date : 14 Dec 1971

Citation : 1971 Latest Caselaw 346 SC

Limitation Act, 1963

Ramlal, Motilal And Chhotelal Vs. Rewa Coalfields Ltd. [1961] INSC 211 (4 May 1961)

Headnote :

In certain land acquisition references the District Judge passed an order in 1963 awarding compensation to be paid by the appellant to the first respondent. When the first respondent levied execution the appellant filed objections on Aug" 27, 1964, under s. 47, Civil Procedure Code, but the obj...

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State of Madhya Pradesh & Ors Vs. Sardar D. K. Jadhav [1971] INSC 347 (14 December 1971)

Judgement Date : 14 Dec 1971

Citation : 1971 Latest Caselaw 347 SC

Headnote :

Under s. 5(c) of the Madhya Bharat Abolition of Jagirs Act Samvat 2008 (Act 28 of 1951) all tanks, trees etc. in or on 'occupied lands' belonging to or held by the Jagirdar or any other person were excluded from vesting in the State by virtue of s. 4. The respondent filed a writ petition in...

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Shaik Madar Saheb & Ors Vs. State of Andhra Pradesh & Ors [1971] INSC 348 (14 December 1971)

Judgement Date : 14 Dec 1971

Citation : 1971 Latest Caselaw 348 SC

Constitution of India

Headnote :

Under s. 3 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963, the State Government is empowered by notification to direct that the tax should be levied on every motor vehicle used or kept for use in a public place in the State, subject to the maximum specified in the First Schedule. Section...

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Jaydip Industries, Thana Vs. The Workmen [1971] INSC 349 (16 December 1971)

Judgement Date : 16 Dec 1971

Citation : 1971 Latest Caselaw 349 SC

Industrial Disputes Act, 1947
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

During the pendency of an industrial dispute between the appellant and its workmen, arising out of the demand of the workmen for higher scales of pay, the appropriate government fixed under section 3 of the Minimum Wages Act, 1948, the minimum rates of wages for the employees employed in scheduled e...

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Dantuluri Ram Raju & Ors Vs. State of Andhra Pradesh & ANR [1971] INSC 350 (16 December 1971)

Judgement Date : 16 Dec 1971

Citation : 1971 Latest Caselaw 350 SC

Constitution of India

Headnote :

The vires of the Andhra Pradesh (Krishna and Godavari Delta area) Drainage Cess Act 1968 has been challenged in C.A. No. 223 of 1970 and in writ petition No. 251 of 1971. The Act of 1968 applies to all the lands comprised within the delta areas of Krishna & Godavari rivers in the State of And...

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Commissioner of Commercial Taxes, Mysore Bangalore Vs. Hindustan Aeronautics Ltd. [1971] INSC 351 (17 December 1971)

Judgement Date : 17 Dec 1971

Citation : 1971 Latest Caselaw 351 SC

Headnote :

The correspondence between the Railway Board and the respondent (assessec regarding the terms and conditions for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract, disclosed that,. (i) The Railway booked capacity of the assessee for the purpose of co...

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