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 acknowledging an offence against the respondent, the Magistrate conducted an inquiry and submitted a report to the Sub-Divisional Magistrate, indicating that a prima facie case existed against the respondents. The Sub-Divisional Magistrate then ordered the issuance of process. However, the Hig...

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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 residing and conducting business in the United Kingdom when he was arrested in India for offenses under sections 406 and 420 of the Indian Penal Code, based on information provided by the complainants. While the investigation was ongoing, he sought bail, and the court granted his r...

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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 moved to her parents\' home and never returned. In 1955, before the Hindu Marriage Act, 1955 came into effect, the respondent remarried. After the Act was enacted, he filed for judicial separation from the appellant under...

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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 contested the legitimacy of the respondent\'s election to the Pondicherry Legislative Assembly on several grounds, including allegations of corrupt practices. The High Court rejected the election petition. In the subsequent appeal to this Court, the appellant argued that (i) the Trial...

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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 :

In the midterm election of 1969 in Bihar, the respondent and 11 others ran for the Arrah Assembly Constituency. The appellant was declared the winner, having received the most votes, with the respondent being the closest competitor. The respondent subsequently filed an election petition contesting t...

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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 apprehended on January 29, 1971, following a detention order issued on January 16, 1971, under the West Bengal (Prevention of Violent Activities) Act of 1970.The State Government\'s order, made under section 12 of the Act, which confirmed the Advisory Board\'s recommendation for t...

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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 defendant faced charges of murder by stabbing, with the evidence against him being circumstantial. This evidence included: (a) indications of animosity towards the victim that suggested a motive, (b) testimony that he was last seen with the victim, (c) fingerprint evidence placing him in the vic...

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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 :

Following the Court\'s ruling in Bariumn Chemicals Ltd. v. The Company Law Board [1966 3 S.C.R.], which annulled the Company Law Board\'s order issued under Clause (b) of Section 237 of the Companies Act, 1956, the Court mandated that all books, papers, and documents seized under the Board\'s order...

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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 the Bahadurgarh constituency. The respondent contested the election on several grounds. In paragraph 16 of the election petition, it was claimed that the appellant engaged in the corrupt practice outlined in section 123(7) o...

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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 part of the Indian Civil Service and was scheduled to retire on November 25, 1970, in accordance with F.R. 56(f).In October 1970, the issue of whether there was a prima facie case against him regarding certain charges was referred to a Commission under the Commission of Enquiries A...

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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 the 1968 Taluka Panchayat elections, Respondent No. 1 was elected as a member and subsequently became the president of the Taluka Panchayat. As a result, he automatically became an ex-officio member of the Surat District Panchayat according to Section 15(i)(A)(i) of the Gujarat Panchayats Act, 19...

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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 held the position of Assistant Geologist in Class III Service, was assigned to serve as the Vice-Principal of the School of Mines in the State. Starting from February 15, 1958, he also took on the responsibilities of the Principal. In September 1958, the State Government...

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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 :

In the accounting year 1964-65, Indian Oxygen Ltd. was obligated to pay a bonus in accordance with the Payment of Bonus Act of 1965.The company\'s financial statements for that year were approved on February 12, 1966. The company calculated the bonus at a rate of 17.58% of the total annual wages, in...

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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 with the second respondent as a partner, operated as bidi manufacturers in various locations within Madhya Pradesh. Due to a shortage of locally sourced tendu leaves, the firm acquired leases for collecting these leaves in Bihar and Maharashtra, and they imported t...

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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, who managed an Oil Mill, was found guilty under section 7(i)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, and received a sentence of one year of rigorous imprisonment.His appeal to the Sessions Judge was unsuccessful, and a subsequent revision to the High Court was al...

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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 tenants of a parcel of land in Bombay.The lease was established in 1948 and expired on September 30, 1958, due to the passage of time. Nevertheless, the appellants continued to occupy the land and pay rent to the landlords.On August 7, 1959, the landlords issued a notice intendin...

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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 cases, the District Judge issued an order in 1963 that mandated the appellant to pay compensation to the first respondent. When the first respondent initiated execution, the appellant filed objections on August 27, 1964, under Section 47 of the Civil Procedure Code, but t...

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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 :

According to section 5(c) of the Madhya Bharat Abolition of Jagirs Act Samvat 2008 (Act 28 of 1951), all tanks, trees, and similar items located on \'occupied lands\' owned or held by the Jagirdar or any other individual were exempt from being transferred to the State as per section 4. The responden...

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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 :

According to Section 3 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963, the State Government has the authority to issue a notification mandating that a tax be imposed on every motor vehicle that is used or kept for use in public areas within the State, with the maximum amount specified in th...

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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 :

While an industrial dispute was ongoing between the appellant and its workers, stemming from the workers\' request for increased pay, the appropriate government established the minimum wage rates for employees in scheduled employments, including the appellant\'s industry, as per section 3 of the Min...

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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 validity of the Andhra Pradesh (Krishna and Godavari Delta area) Drainage Cess Act of 1968 has been contested in C.A. No. 223 of 1970 and writ petition No. 251 of 1971. This Act applies to all lands within the delta regions of the Krishna and Godavari rivers in Andhra Pradesh. It established a d...

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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 communication between the Railway Board and the respondent (assessee) regarding the terms and conditions for the manufacture and supply of railway coaches, as well as the indemnity bond related to the contract, revealed the following points:(i) The Railway allocated capacity to the assessee for...

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