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 lodged complaints with the Chief Presidency Magistrate, claiming that the respondent\'s officers had violated the Companies Act of 1956. They were acquitted on April 4, 1968. Subsequently, on July 1, 1968, the appellant (complainant) filed appeals in the High Court, which determined 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 Khasi-Jaintia Hills was established under clause 2 of Article 244 and the Sixth Schedule of the Constitution of India. The Governor of Assam was given the authority to administer this Autonomous District. Following this, the Assam Autonomous Dis...

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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 as the Secretary of the Board of Secondary Education established under the West Bengal Secondary Education Act of 1950, which was amended in 1954. In 1963, the West Bengal Board of Secondary Education Act was enacted, which repealed the previous Acts and the asso...

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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 was presented to the special judge concerning four appellants and four civilians. On January 12, 1967, the Special Judge notified the commanding officer, in accordance with 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, to acquire the appellants\' land. The notification indicated that the land was likely to be needed by the Government, at public expense, for a public pur...

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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 serving as an officiating Inspector of Police for the State of Bihar. Following a departmental inquiry, the inquiry officer submitted a report to the Inspector General of Police, recommending that the appellant receive exemplary punishment. According to Sectio...

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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, acquired the mortgaged property through two sale deeds dated May 13, 1951, to settle the mortgage. The respondents, daughters of the original owner, initiated a lawsuit asserting their title to the property based on gift deeds executed by their mother regarding...

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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, along with two accomplices, faced charges for the murder of a woman and her three-year-old son, who were brutally stabbed, as well as for stealing cash and jewelry from the victims\' home. These crimes were said to have occurred between 10 and 11 a.m.Approximately six months before th...

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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 as Labour Supervisor in the Army Ordnance Corps in 1942. In 1951, while an inquiry into certain allegations against him was ongoing, his service was terminated with one month\'s notice in accordance with rule 5 of the Civilians in Defence Services (Temporary Service) Rule...

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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 lodged a complaint against her husband, the respondent, alleging that he had taken a second wife while their marriage was still valid, thus committing an offense under section 494 of the Indian Penal Code (I.P.C.). The trial court found the respondent guilty. However, upon appeal, the...

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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 owned real estate located within the boundaries of the Ahmadabad City municipal corporation.Exercising its authority under section 127 of the Act, the Corporation issued property tax bills and demand notices to the appellant and other ratepayers for the assessment year 1962-63.The appe...

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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 Industrial Tribunal approved the workmen\'s request for vacation allowance at the same rate as that provided to the higher staff. The Tribunal reached this conclusion based on the premise that the appellant employer had the financial ability to support the burden of granting such an allowance to...

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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 served as a constable in the Haryana State police force and was assigned to duty at the police lines in Karnal at the relevant time. The Lines Officer reported that he was absent during the roll call on the evening of November 25, 1963. In January 1966, the Judicial Magistrate issued a...

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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 found guilty of offenses under the Customs Act, 1962. He contested the validity of his conviction, arguing that his statement to the customs officials, made in response to a summons issued under section 108 of the Act and which formed a significant basis for the conviction, should...

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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 initiated a lawsuit seeking possession of ancestral property against the descendants of his father\'s brother and sister.While the lawsuit was ongoing, B passed away, and his widow P was added as his legal representative. Some defendants also died, and their legal representatives were substituted...

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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 owned by the appellant was involved in an accident that resulted in the immediate deaths of two individuals, B and N. The legal representatives of the deceased filed for compensation with the tribunal established under the Motor Vehicles Act. Both the appellant and the insurance comp...

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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, previously serving as the Headmistress at the respondent school, was demoted to the role of Assistant Teacher. Her appeal to the District Educational Officer, made under section 13(2)(vi) of Part II of the rules published by the State Government in the Gazette on August 29, 1939, was...

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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 initial respondent took office as the Chief Minister of Uttar Pradesh on October 18, 1970. His appointment faced opposition on the basis that he was not a member of either legislative house at the time of his appointment. An appeal was made to this Court against the High Court\'s ruling that dis...

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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 :

On December 27, 1970, the President of India dissolved the House of the People. The issue at hand is whether the respondent, who served as Prime Minister prior to the dissolution, continued to hold office afterwards.

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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 was placed under the control of receivers after its owner was declared insolvent. In 1951, the receivers obtained court orders to pay the outstanding municipal taxes, but they failed to make the payments, and the municipal corporation did not take any action. In 1954, the propert...

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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 milk dealer. The Food Inspector bought milk from him for testing and sealed it in three bottles: one was left with the dealer, one was sent for analysis, and the third was retained by the Inspector for court presentation. The Public Analyst\'s report indicated that the sample had...

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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 returned from his temporary position as Controller of the Food Grains Department to his original department, Excise and Prohibition. His service record indicated that he had been selected for deputation on two occasions, in 1942 and 1957, due to his expertise. Additionally, the rec...

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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 found guilty of a violation under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act. The accusation against him was that he misused his position as a government employee to send various items, including radios, transistors, and clothing, from Goa...

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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. appealed to this Court against the High Court\'s ruling that deemed the dismissal of the first respondent from service as invalid. The appeal was considered by two Judges of this Court, with the junior Judge delivering the judgment that favored the appeal. Following this, 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 set up a money circulation scheme and were convicted by the Sessions Judge in Bhopal for alleged cheating and misrepresentation under sections 120B and 420 of the Indian Penal Code. However, the High Court acquitted them. The State of Madhya Pradesh appealed to this Court with specia...

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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 :

Numerous complaints were submitted to the District Magistrate by the respondent regarding the appellant while he served as a sarpanch. Due to the lack of action on these complaints, the respondent filed a writ petition in the High Court seeking a mandamus to initiate inquiries. The High Court grante...

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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 1967 General Election, both the appellant and the respondent submitted their nomination papers to contest for the Jammu and Kashmir Legislative Assembly from the Reasi Assembly Constituency. The appellant was declared elected. However, the respondent filed an election petition contesting 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 found guilty and sentenced for kidnapping. They subsequently filed an appeal, which the High Court accepted and ordered a notice to be issued. However, on the day the appeal was scheduled for hearing, neither the appellants nor their legal representative appeared, leading the Hig...

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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 lodged against the first appellant and other office bearers under Sections 337 and 338 of the Indian Penal Code (IPC), read with Section 114, alleging that they acted recklessly and negligently in organizing seating arrangements for spectators at a cricket match. This negligence led...

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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 shared ancestor of the involved parties, had four sons: Lalji Singh, Amar Singh, Ramji Singh, and Raghunandan Singh.Amar Singh had three sons: Sonadhari, Girwardhari, and Nankhu, who is the father of the current appellant. In 1898, Amar Singh bought the land where the disputed house i...

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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 part of the Punjab Civil Medical Service, Class I. The second respondent, who was working overseas, was offered the position of Civil Surgeon within the Punjab Civil Medical Service and temporarily took on the role of Chief Medical Officer in the same serv...

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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 extended a loan to Godavari Sugars Refiners Ltd., with defendants 1 to 3 acting as managing agents. Later, the bank initiated legal proceedings to recover the loan. The appellant, who is the brother of defendant No. 1, was added as defendant No. 4, while Godavari Sugars was desig...

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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 submitted a petition under Article 226 of the Constitution challenging the Defence Ministry\'s refusal to grant a lease in accordance with Rule 27 of the Cantonment Land Administration Rules, 1937, for a bungalow located in a cantonment area on occupancy land held under an \'old grants...

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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 :

According to the Indo-Pakistan Agreement of 1958 and following this Court\'s advisory opinion in the case of In re the Berubari Union and Exchange and Enclaves, [1960] 3 S.C.R. 250, Parliament passed the Constitution (Ninth Amendment) Act, 1960, which facilitated the transfer of a portion of Indian...

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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 :

Before January 26, 1950, the State of Travancore and Cochin possessed full legislative powers, and under the Travancore General Sales Tax Act of 1948 and the Cochin General Sales Tax Act of 1945 (amended in 1948), they imposed sales tax on works contracts. Following the merger of these two states in...

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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 faced charges under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, 1947, as well as section 161 of the Indian Penal Code. The investigation was carried out by the Deputy Superintendent of Police; however, some statements, reports, and memoranda we...

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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 engaged in the business of pawn broking and money lending, primarily secured by gold items and jewelry. They contested the legality of various provisions of the Gold Control Act of 1969. The issues for consideration included: (i) whether any part of the Act or its rule...

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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 bestowed a jagir upon his prime minister. The successor of the jagirdar then allocated an island located in one of the villages, which included a granite hillock, to the predecessor of the respondent. The State Government subsequently acquired the area covered by this grant fo...

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