Caselaw | Supreme Court Judgements of march 1971

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Asstt. Registrar of Companies, West Bengal Vs. Standard Paint Works (P) Ltd. & Ors [1971] INSC 64 (1 March 1971)

Judgement Date : 01 Mar 1971

Citation : 1971 Latest Caselaw 64 SC

CrPC Section 247. Evidence for defence
CrPC Section 404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
CrPC Section 417. Power to appoint place of imprisonment
Limitation Act, 1963

Headnote :

The appellant filed complaints before the Chief Presidency Magistrate alleging that the officers of the respondent had committed an offence under the Companies Act, 1956. They were acquitted on April 4, 1968. On July 1, 1968, appeals were filed in the High Court by the appellant (cornplanant) but th...

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H. Lyngdoh & Ors Vs. Gromlyn Lyngdoh, Judge [1971] INSC 65 (2 March 1971)

Judgement Date : 02 Mar 1971

Citation : 1971 Latest Caselaw 65 SC

Constitution of India
Subsidiary Rules

Headnote :

On January 26, 1950 the Autonomous District of United KhasiJaintia Hills was constituted by virtue of the provisions of cl. 2 of Art. 244 and the Sixth Schedule of the Constitution of India. and the Governor of Assam was empowered to administer the said Autonomous District. Pursuant thereto the Assa...

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Biswanath Banarjee Vs. State of West Bengal & Ors [1971] INSC 66 (2 March 1971)

Judgement Date : 02 Mar 1971

Citation : 1971 Latest Caselaw 66 SC

Constitution of India

Headnote :

In 1962, the appellant was appointed Secretary of the Board of Secondary Education constituted under the West Bengal Secondary Education Act, 1950, as amended in 1954. In 1963, the West Bengal Board of Secondary Education Act was enacted repealing the earlier Acts and the rules made there under....

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S. K. Kashyap & ANR Vs. The State of Rajasthan [1971] INSC 67 (2 March 1971)

Judgement Date : 02 Mar 1971

Citation : 1971 Latest Caselaw 67 SC

Army Act, 1950
CrPC Section 113. Summons or warrant in case of person not so present
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 213. When manner of committing offence must be stated
CrPC Section 253. Conviction on plea of guilty in absence of accused in petty cases
CrPC Section 254. Procedure when not convicted
CrPC Section 255. Acquittal or Conviction
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 376. Punishment for rape

Headnote :

On January 27, 1966, a charge sheet against the four appellants and four civilians was put up before the special judge On January 12, 1967 the Special Judge gave notice to the commanding officer notifying under rule 4 of the Criminal Courts and Courts Martial (Adjustment of Jurisdiction) Rules, 1952...

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Jage Ram & Ors Vs. State of Haryana & Ors [1971] INSC 68 (2 March 1971)

Judgement Date : 02 Mar 1971

Citation : 1971 Latest Caselaw 68 SC

Co-operative Societies Act, 1912
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

In March 1969, the respondent State issued a notification under section 4 of the Land Acquisition Act, 1894, as amended by the Punjab Legislature, for acquisition of the appellants' land. The notification stated that the land was likely to be required to be taken by Government, at public expense...

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Makeshwar Nath Srivastava Vs. State of Bihar & Ors [1971] INSC 69 (2 March 1971)

Judgement Date : 02 Mar 1971

Citation : 1971 Latest Caselaw 69 SC

IPC Section 414. Assisting in concealment of stolen property

Headnote :

At the relevant time the appellant was in the service of the State of Bihar as officiating Inspector of police. After a departmental inquiry against him the report of the enquiry officer was submitted to the Inspector General of Police with the recommendation that the appellant should be given exemp...

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Moman Lal Vs. Anandi Bai & Ors, [1971] INSC 70 (3 March 1971)

Judgement Date : 03 Mar 1971

Citation : 1971 Latest Caselaw 70 SC

Headnote :

The appellant, who was the mortgagee purchased under two sale deeds dated 13th May, 1951 the mortgaged property in discharge of the mortgage. The respondents, who were the daughters of the original owner filed a suit claiming title to the property under gift deeds executed by their mother with respe...

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Matru Alias Girish Chandra Vs. State of Utttar Pradesh [1971] INSC 71 (3 March 1971)

Judgement Date : 03 Mar 1971

Citation : 1971 Latest Caselaw 71 SC

Headnote :

The appellant and two others were charged with the offences of murder of a woman and her three year old son by brutally stabbing them, and theft of cash and ornaments from the house of the deceased. The offences were alleged to have been committed between 10 and 11 a.m. About six months prior to...

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Lekh Raj Khurana, Vs. Union of India [1971] INSC 72 (3 March 1971)

Judgement Date : 03 Mar 1971

Citation : 1971 Latest Caselaw 72 SC

Constitution of India

Headnote :

The appellant was appointed in 1942 as Labour Supervisor, Army Ordnance Corps. In 1951, pending inquiry into certain charges against him his service was terminated by giving him one month's notice under rule 5 of the Civilians in Defence Services (Temporary Service) Rules, 1949. He challenged th...

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Priya Bala Ghosh Vs. Suresh Chandra Ghosh [1971] INSC 73 (4 March 1971)

Judgement Date : 04 Mar 1971

Citation : 1971 Latest Caselaw 73 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 494. Marrying again during lifetime of husband or wife
IPC Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Headnote :

The appellant filed a complaint against her husband the respondent, stating that he took a second wife during the subsistence of the appellant's marriage and that the respondent was therefore guilty of an offence 'under s. 494 I.P.C. The trial court convicted the respondent. In appeal, the S...

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Gulabchand Bapalal Modi Vs. Municipal Corporation of Ahmadabad City [1971] INSC 74 (4 March 1971)

Judgement Date : 04 Mar 1971

Citation : 1971 Latest Caselaw 74 SC

Bombay Municipal Corporation Act, 1888
Delhi Municipal Corporation Act, 1957

Headnote :

The appellant was owner of immovable property situate within the limits of the municipal corporation, Ahmadabad City. Under the power reserved to it by s. 127 of the Act the Corporation served on the appellant as also on the other rate payers, bills and demand notices for payment ,of property tax...

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Polychem Limited Vs. R.D. Tulpule, Industrial Tribunal, Bombay & ANR [1971] INSC 75 (15 March 1971)

Judgement Date : 15 Mar 1971

Citation : 1971 Latest Caselaw 75 SC

Headnote :

The demand for vacation allowance of the workmen of the appellants, at the same rate as was granted to the higher staff, was granted by the Industrial Tribunal. The Tribunal decided the question on the basis that the appellantemployer had the financial capacity to stand the burden of such allowance...

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Pritam Singh Vs. State of Haryana [1971] INSC 76 (15 March 1971)

Judgement Date : 15 Mar 1971

Citation : 1971 Latest Caselaw 76 SC

Indian Penal Code, 1860 (IPC)
Police Act, 1861
Police Act, 1861

Headnote :

The appellant was a constable in the police force' of Haryana State. At the relevant time he was posted to do duty at the police lines, Karnal. It was reported by the Lines Officer that he was not present at the roll call on the evening of November 25, 1963. The Judicial Magistrate gave him a no...

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Percy Rustam Basta Vs. State of Maharashtra [1971] INSC 77 (16 March 1971)

Judgement Date : 16 Mar 1971

Citation : 1971 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)
Customs Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 193. Punishment for false evidence
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Illias Vs. Collector of Customs, Madras [1968] INSC 266 (31 October 1968)

Headnote :

The appellant was convicted for offences under the Customs Act, 1962. He challenged the legality of his conviction on the ground that his statement to the customs authorities made on a summons issued under s, 108 of the Act and on which the conviction was substantially based was not admissible in ev...

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Krishna Biharilal Vs. Gulabchand Am Ors [1971] INSC 78 (16 March 1971)

Judgement Date : 16 Mar 1971

Citation : 1971 Latest Caselaw 78 SC

Ram Charan Das Vs. Girjanandini Devi & Ors [1965] INSC 116 (20 April 1965)

Headnote :

B filed a suit for the possession of ancestral property against the descendants of his father's brother and sister. During the pendency of the suit B died and his widow P was impleaded as his legal representative. Some of the defendants also died; those who left legal representatives were sub...

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Sheikhupura Transport Co. Ltd. Vs. Northern India Transport Insurance Co. [1971] INSC 79 (16 March 1971)

Judgement Date : 16 Mar 1971

Citation : 1971 Latest Caselaw 79 SC

Motor Vehicles Act, 1939

Headnote :

A passenger bus belonging to the appellant met with an accident, as a result of which two persons B and N died on the spot. The legal representatives of the deceased persons applied for compensation before the tribunal appointed under the Motor Vehicles Act. Their claim was opposed by the appellant...

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Regina Vs. St. Aloysius Higher Elementary School & ANR [1971] INSC 80 (16 March 1971)

Judgement Date : 16 Mar 1971

Citation : 1971 Latest Caselaw 80 SC

Headnote :

The appellant, who was working as the Headmistress in the respondent school was reduced to the position of an Assistant Teacher. Her appeal to the District Educational Officer under. 13(2)(vi) of Part 11 of the rules published by the State Government in the Gazette on August 29 1939, was rejected, b...

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Har Sharan Verma Vs. Tribhuvan Narain Singh, Chief Minister U.P. & ANR [1971] INSC 81 (16 March 1971)

Judgement Date : 16 Mar 1971

Citation : 1971 Latest Caselaw 81 SC

Constitution of India

Headnote :

The first respondent was appointed as Chief Minister of U.P. on October 18, 1970. His appointment was challenged on the ground that he was not a member of either house of legislature at the time of appointment. In appeal to this Court against the High Court's judgment dismissing the petition...

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U.N. R. Rao Vs. Smt. Indira Gandhi [1971] INSC 82 (17 March 1971)

Judgement Date : 17 Mar 1971

Citation : 1971 Latest Caselaw 82 SC

Constitution of India

Headnote :

The House of the People was dissolved by the President of India on 27th December 1970. On the question whether the respondent, who was the Prime Minister before the dissolution, ceased to hold office thereafter,

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Ahmedabad Municipal Corporation of The City of Ahmadabad Vs. Haji Abdulgafur Haji Hussenbhai [1971] INSC 83 (18 March 1971)

Judgement Date : 18 Mar 1971

Citation : 1971 Latest Caselaw 83 SC

Constitution of India
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Section 100. TPA, Charges.
Section 3. TPA, Interpretation clause.
Transfer of Property Act, 1882

Headnote :

In 1950, a building vested in the receivers on its owner being adjudicated an insolvent. In 1951, the receivers secured necessary orders from court for paying off municipal taxes then due, but the receivers did not pay and the municipal corporation did not also pursue the matter. In 1954, the proper...

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Babu Lal Hargovindas Vs. State of Gujarat [1971] INSC 84 (18 March 1971)

Judgement Date : 18 Mar 1971

Citation : 1971 Latest Caselaw 84 SC

Constitution of India
CrPC Section 103. Magistrate may direct search in his presence

Headnote :

The appellant was a dealer in milk. The Food Inspector purchased milk from him for analysis and sealed it in three bottles one of which was left with the dealer and one sent for analysis, the third being kept by the Inspector for production in court. The Public Analyst's report showed that be ha...

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K. H. Phadnis Vs. State of Maharashtra [1971] INSC 85 (19 March 1971)

Judgement Date : 19 Mar 1971

Citation : 1971 Latest Caselaw 85 SC

Headnote :

The appellant was repatriated from the temporary post of Controller of Food Grains Department to his parent department of Excise and Prohibition. His record of service showed that he was chosen to go on deputation twice in 1942 and in 1957 and that he was chosen for his experience. The record also s...

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Harivansh Lal Mehra Vs. State of Maharashtra [1971] INSC 86 (19 March 1971)

Judgement Date : 19 Mar 1971

Citation : 1971 Latest Caselaw 86 SC

Headnote :

The appellant was convicted of a charge under a. 5(2) read with a. 5(1) (d) of the Prevention of Corruption Act. The allegation against him was that by utilizing his position as a government servant he sent various articles such as Radios, Transistors, Clothes etc., from Goa to Bombay without paying...

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C. K. Daphtary & Ors Vs. O. P. Gupta & Ors [1971] INSC 87 (19 March 1971)

Judgement Date : 19 Mar 1971

Citation : 1971 Latest Caselaw 87 SC

Constitution of India

Headnote :

The State of U. P. filed an appeal in this Court against the judgment, of the High Court holding the dismissal of the first respondent from service invalid. The appeal was heard by two Judges of this Court and the junior Judge delivered judgment on behalf of the Court, allowing the appeal. The first...

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State of Madhya Pradesh Vs. Mir Basit Ali Khan & Ors [1971] INSC 88 (22 March 1971)

Judgement Date : 22 Mar 1971

Citation : 1971 Latest Caselaw 88 SC

Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

The respondents organised a money circulation scheme. For alleged cheating and misrepresentation in connection therewith they were convicted by the Sessions Judge, Bhopal under s. 120B and s. 420 Indian Penal Code. The High Court however acquitted them. The State of Madhya Pradesh by special leave a...

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Chajoo Ram Vs. Radhey Shyam & ANR [1971] INSC 89 (23 March 1971)

Judgement Date : 23 Mar 1971

Citation : 1971 Latest Caselaw 89 SC

Headnote :

Sevreal complaints were made to the District Magistrate by the respondent about the, appellant while he was functioning as a sarpanch. As no action was taken on those complaints the respondent filed a writ petition in the High Court praying for a maridamus directing inquiries to be made. The writ pe...

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Bansilal Kohistani Vs. Rishi Kumar Kaushal [1971] INSC 90 (23 March 1971)

Judgement Date : 23 Mar 1971

Citation : 1971 Latest Caselaw 90 SC

Representation of the People Act, 1951

Sheopat Singh Vs. Ram Pratap [1964] INSC 185 (28 August 1964)

Headnote :

In the General Election held in 1967 the appellant and the respondent had filed their nomination papers for election to the Jammu and Kashmir Legislative Assembly from the Reasi Assembly Constituency. The appellant was declared duly elected. The respondent filed an election petition challenging the...

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Shyam Deo Pandey & Ors Vs. State of Bihar [1971] INSC 91 (23 March 1971)

Judgement Date : 23 Mar 1971

Citation : 1971 Latest Caselaw 91 SC

CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)
IPC Section 363. Punishment for kidnapping

Headnote :

The appellants were convicted and sentenced for the offence of kidnapping. They filed an appeal which was admitted by the High Court and notice was ordered to be issued. On the date an which the appeal was posted for hearing neither the appellants nor their counsel appeared and the High Court dismis...

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Cricket Association of Bengal & Ors Vs. State of West Bengal & Ors [1971] INSC 92 (24 March 1971)

Judgement Date : 24 Jan 1971

Citation : 1971 Latest Caselaw 92 SC

Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed

Headnote :

A complaint was filed against the first appellant and others- office bearers of the first appellant-under ss. 337 and 338, I.P.C., read with s. 114, that they were rash and negligent in the matter of making seating arrangements etc., for spectators of a cricket match, with the result that the specta...

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Shambhu Prasad Singh Vs. Mst. Phool Kumari & Ors [1971] INSC 93 (24 March 1971)

Judgement Date : 24 Mar 1971

Citation : 1971 Latest Caselaw 93 SC

Headnote :

Raj Kumar, the common ancestor of the parties had four sonsLalji Singh, Amar Singh, Ramji Singh and Raghunandan Singh. Amar Singh had three sons, namely, Sonadhari, Girwardhari and Nankhu father of present appellant. In 1898 Amar Singh purchased the land on which the house in dispute stood from h...

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Harkishan Singh Vs. State of Punjab & Ors [1971] INSC 94 (25 March 1971)

Judgement Date : 25 Mar 1971

Citation : 1971 Latest Caselaw 94 SC

Headnote :

The appellant and the third respondent were members of the Punjab Civil Medical Service, Class I. The second Respondent, who was serving abroad, was offered the post of Civil Surgeon in the Punjab Civil Medical Service and he joined the post of Chief Medical Officer in the Punjab Civil Medical Servi...

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Veeramachineni Gangadhara Rao Vs. Andhra Bank Ltd. Ors [1971] INSC 95 (25 March 1971)

Judgement Date : 25 Mar 1971

Citation : 1971 Latest Caselaw 95 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

The respondent Bank gave a loan to Godavari Sugars Refiners Ltd., of which defendants 1 to 3, as partners, were managing agents. Subsequently the bank filed a suit for the recovery of the loan. The appellant, a brother of defendant No. 1, was impleaded as defendant No. 4 and Godavari Sugars as defen...

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Sahodara Devi & Ors Vs. Government of India & ANR [1971] INSC 96 (26 March 1971)

Judgement Date : 26 Mar 1971

Citation : 1971 Latest Caselaw 96 SC

Headnote :

The appellant filed a petition under Art. 226 of. the Constitution against the refusal of the Defence Ministry to `execute a lease under r. 27 of the Cantonment Land Administration Rules, 1937 in respect of a bungalow situated in a cantonment area, on occupancy land held on 'old grants lease'...

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Union of India Vs. Sudhansu Mazumdar & Ors [1971] INSC 97 (29 March 1971)

Judgement Date : 29 Mar 1971

Citation : 1971 Latest Caselaw 97 SC

Constitution of India

Headnote :

Pursuant to the Indo-Pakistan Agreement, 1958, and after this Court's. Advisory opinion in In re the Berubari Union and Exchange and Enclaves, [1960] 3 S.C.R. 250, Parliament enacted the Constitution (Ninth Amendment) Act, 1960 for cession of part of the territory of India to Pakistan. In order...

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State of Kerala Vs. South India Corporation (P) Ltd. [1971] INSC 98 (29 March 1971)

Judgement Date : 29 Mar 1971

Citation : 1971 Latest Caselaw 98 SC

Constitution of India
Government of India Act, 1935
Kerala General Sales Tax Act, 1963
Kerala Surcharge on Taxes Act, 1957

Headnote :

The State, of Travancore and Cochin, before 26th January 1950, had plenary powers of legislation and under the Travancore General Sales Tax Act, 1948, and the Cochin General Sales Tax Act, 1945, as amended in 1948, they levied sales-tax on works contracts. As a result of the merger of the two states...

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Muni Lal Vs. Delhi Administration [1971] INSC 99 (30 March 1971)

Judgement Date : 30 Mar 1971

Citation : 1971 Latest Caselaw 99 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was charged with the offenses under s. 5(2) read with s. 5(1) (d) of the Prevention of Corruption Act, 1947 and s. 161, I.P.C. The investigation was conducted by the Dy. Superintendent of Police but some of the statements, reports and memoranda were written, not by the Dy. Superintende...

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Badri Prasad & Ors Vs. Collector of Central Excise & Ors [1971] INSC 100 (30 March 1971)

Judgement Date : 30 Mar 1971

Citation : 1971 Latest Caselaw 100 SC

CrPC Section 103. Magistrate may direct search in his presence
Customs Act, 1962

Headnote :

The petitioners and appellants carried on the business of Pawn broking and money lending inter alia on the security of gold articles and ornaments. They challenged the validity of different provisions of the Gold Control Act, 1969. The contentions that fell for consideration were: (i) whether there...

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State of Mysore Vs. Swamy Satyanand Saraswati, Religious Preacher, Raichur [1971] INSC 101 (31 March 1971)

Judgement Date : 31 Mar 1971

Citation : 1971 Latest Caselaw 101 SC

Headnote :

The Nizam of Hyderabad granted a jagir to his prime minister. The successor of the jagirdar granted an island in one of the villages, comprising a hillock of granite, to the predecessor-in-interest of the respondent. The area covered by the grant was acquired by the State Government for purposes of...

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