Caselaw | Supreme Court Judgements of november 1971

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Salar Jung Sugar Nulls Ltd. Vs. State of Mysore & Ors [1971] INSC 299 (1 November 1971)

Judgement Date : 01 Nov 1971

Citation : 1971 Latest Caselaw 299 SC

Defence of India Act, 1962
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Section 15. Coercion defined

Headnote :

According to the Mysore Act 11 of 1961, which took effect on October 1, 1961, sugarcane was added as Serial No. 11-A in the Third Schedule of the Mysore Sales Tax Act of 1957. This amendment resulted in the appellants being liable for tax on their purchase of sugarcane. The High Court dismissed thei...

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State of Assam & ANR Vs. S. N. Sen & ANR [1971] INSC 300 (3 November 1971)

Judgement Date : 03 Nov 1971

Citation : 1971 Latest Caselaw 300 SC

Constitution of India

Headnote :

Respondent No. 1, who is part of the Assam Judicial Service, was confirmed in the Judicial Service (Junior) Grade I for the position of Sub-Judge by the High Court of Assam and Nagaland. However, the Accountant General of Nagaland objected to this confirmation, arguing that according to Rule 5(iv) o...

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Vivian Joseh Ferreira & ANR Vs. Municipal Corporation of Greater Bombay & Ors [1971] INSC 301 (4 November 1971)

Judgement Date : 04 Nov 1971

Citation : 1971 Latest Caselaw 301 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Constitution of India

Headnote :

The Bombay Building Repairs and Reconstruction Board Act, XLVII of 1969 came into effect on October 1, 1969, as a temporary measure set to expire on December 31, 1970. The Act was enacted in response to the collapse of residential buildings, a severe housing shortage, and law and order issues stemmi...

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Nabi Bux & Ors Vs. State of Madhya Pradesh [1971] INSC 302 (5 November 1971)

Judgement Date : 05 Nov 1971

Citation : 1971 Latest Caselaw 302 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellants were sentenced by the Sessions Judge to six months of rigorous imprisonment, along with a fine, for an offense under section 325 in conjunction with section 34 of the Indian Penal Code. The High Court, exercising its authority under section 423(1A) of the Code of Criminal Procedure, i...

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Commissioner of Income Tax, Kerala Vs. K. Srinivasan [1971] INSC 303 (5 November 1971)

Judgement Date : 05 Nov 1971

Citation : 1971 Latest Caselaw 303 SC

Headnote :

According to section 2(2) of the Finance Act, 1964, if an assessee\'s total income includes any income taxable under the category of \'salaries\', the income tax and super tax owed by the assessee on the salary portion will be calculated based on the rates specified in the Finance Act, 1963. Under s...

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State of Punjab & Ors Vs. M/S. Shakti Cotton Company [1971] INSC 304 (5 November 1971)

Judgement Date : 05 Nov 1971

Citation : 1971 Latest Caselaw 304 SC

Central Sales Tax Act, 1956
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

The respondents were registered dealers under the Punjab General Sales Tax Act, 1948. In the proceedings concerning the years 1960-61, 1961-62, and 1962-63, the issue at hand was whether their claim under section 5(2)(a)(vi) of the Act for cotton they purchased and subsequently sold as ginned cotton...

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Chander Sekhar Singh Boi Vs. The State of Orissa [1971] INSC 305 (5 November 1971)

Judgement Date : 05 Nov 1971

Citation : 1971 Latest Caselaw 305 SC

Bihar Land Reforms Act, 1950
Constitution of India
Delhi Land Reforms Act, 1954
Orissa Land Reforms Act, 1960

Headnote :

According to the Orissa Land Reforms Act of 1965, the Orissa Land Reforms Act of 1960 was revised by replacing the original Chapters III and IV with new versions. Notifications issued under section 1(3) of the Act allowed for different effective dates for various provisions, and thus, the amended Ch...

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Chandrana & Co. Vs. State of Mysore [1971] INSC 306 (11 November 1971)

Judgement Date : 11 Nov 1971

Citation : 1971 Latest Caselaw 306 SC

Central Sales Tax Act, 1956

Headnote :

Section 15 of the Central Sales Tax Act, 1956 imposes a limitation on every State\'s sales tax law, stating that the tax on the sale or purchase of declared goods cannot exceed the rate set forth in this section. On April 1, 1958, textiles were classified as declared goods, leading the Mysore State...

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Sadiq Ali & ANR Vs. Election Commission of India & Ors [1971] INSC 307 (11 November 1971)

Judgement Date : 11 Nov 1971

Citation : 1971 Latest Caselaw 307 SC

Conduct of Elections Rules, 1961
Representation of the People Act, 1951

Headnote :

The Indian National Congress, recognized as a national party under the Election Symbols (Reservation and Allotment) Order of 1968, used the symbol \"Two Bullocks with Yoke on\" for elections. The Congress operates as a voluntary association governed by its own Constitution. In 1969, due to disagreem...

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Abdul Qayum Vs. The State of Bihar [1971] INSC 308 (15 November 1971)

Judgement Date : 15 Nov 1971

Citation : 1971 Latest Caselaw 308 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was found guilty under section 379 of the Indian Penal Code and received a sentence of 6 months of rigorous imprisonment. He committed the theft alongside another individual. At the time of the incident, he was 16 years old, and he was approximately 18 years old at the time of his conv...

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Management of The Federation of Indian Chambers of Commerce Vs. Their Workman, Shri R. K. Mittal [1971] INSC 309 (15 November 1971)

Judgement Date : 15 Nov 1971

Citation : 1971 Latest Caselaw 309 SC

Air Force Act, 1950
Army Act, 1950
Industrial Disputes Act, 1947

D. N. Banerji Vs. P. R. Mukherjee & Ors [1952] INSC 67 (5 December 1952)

Headnote :

The individual in question was an employee of the appellant Federation.His services were temporarily assigned to the Indian National Committee of the International Chamber of Commerce during the 20th Congress of the International Chamber of Commerce, which took place in Delhi in February 1965. He re...

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State of Tamil Nadu Vs. Thirumagal Mills Ltd. [1971] INSC 310 (17 November 1971)

Judgement Date : 17 Nov 1971

Citation : 1971 Latest Caselaw 310 SC

Headnote :

The assessee operated a spinning mill and established a fair price shop to offer its workers access to essential goods at reasonable prices.For the assessment year 1960-61, the assessing authority under the Madras General Sales Tax Act, 1959, included the revenue from groceries sold at the fair pric...

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Amritsar Improvement Trust Vs. Baldeva Inder Singh & Ors [1971] INSC 311 (17 November 1971)

Judgement Date : 17 Nov 1971

Citation : 1971 Latest Caselaw 311 SC

Punjab Town Improvement Act, 1922
Punjab Town Improvement Act, 1922
Punjab Town Improvement Act, 1922

Headnote :

The Amritsar Improvement Trust, through a resolution dated April 19, 1962, established a development and housing scheme in accordance with sections 24, 25, and 28 of the Punjab Town Improvement Act of 1922. Following the issuance of a notice under section 36 of the Act, several objections were raise...

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Ram Tahal & Ors Vs. State of U.P [1971] INSC 312 (18 November 1971)

Judgement Date : 18 Nov 1971

Citation : 1971 Latest Caselaw 312 SC

Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon

Headnote :

Six individuals were charged with offenses under sections 148, 302, and 307 in conjunction with section 149 of the Indian Penal Code (I.P.C.). They were accused of forming an unlawful assembly with the intent to demolish a thatched structure belonging to the complainant, resulting in death and injur...

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Jage Ram, Inspector of Police & ANR Vs. Hans Raj Midha [1971] INSC 313 (18 November 1971)

Judgement Date : 18 Nov 1971

Citation : 1971 Latest Caselaw 313 SC

Indian Penal Code, 1860 (IPC)
IPC Section 380. Theft in dwelling house, etc

Headnote :

The High Court, in its ruling on a habeas corpus petition, noted that the individual in question was taken into custody on May 5, 1968, while the arrest was claimed to have occurred on May 10, 1968, and that he had suffered torture resulting in injuries. The appellants subsequently appealed to this...

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Director of Panchayat Raj & ANR Vs. Babu Singh Gaur [1971] INSC 314 (18 November 1971)

Judgement Date : 18 Nov 1971

Citation : 1971 Latest Caselaw 314 SC

Headnote :

The respondents were initially appointed to temporary positions, and at the time of their appointments, these positions were indeed temporary. Later, their temporary appointments were recognized as substantive under the Governor\'s order concerning Fundamental Rule 26(d) of the Financial Handbook Vo...

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

Judgement Date : 19 Nov 1971

Citation : 1971 Latest Caselaw 315 SC

Arms Act, 1959
Constitution of India
CrPC Section 110. Security for good behaviour from habitual offenders
Delegation of Powers
Delegation of Powers
Indian Penal Code, 1860 (IPC)
IPC Section 425. Mischief

Headnote :

The respondents were held under the West Bengal (Prevention of Violent Activities) Act, 1970. They contested the constitutional validity of the Act in writ petitions submitted to the High Court on the following grounds:(1) They argued that the Act was not a law enacted by Parliament as required by A...

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Harendra Nath Bhattacharya & Ors Vs. Kaliram Das [1971] INSC 316 (22 November 1971)

Judgement Date : 22 Nov 1971

Citation : 1971 Latest Caselaw 316 SC

Code of Civil Procedure, 1908 (CPC)

Jibon Chandra Sarma Doloi Vs. Anandi Ram Kalita & Ors [1961] INSC 66 (23 February 1961)

Headnote :

The plaintiffs initiated the lawsuit in a representative capacity as Bhakats. They alleged in their complaint that a grant of approximately 316 bighas of rent-free land was made by a Kim during the pre-British era in the name of one G, intended for the establishment of a Vaishnavic institution. This...

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State of Haryana & Ors Vs. Rajindra Sareen [1971] INSC 317 (22 November 1971)

Judgement Date : 22 Nov 1971

Citation : 1971 Latest Caselaw 317 SC

Headnote :

The respondent began working for the composite State of Punjab and Haryana on June 22, 1957, as the Press Liaison Officer in the Public Relations Department in Delhi. Initially, this appointment was set to last until February 28, 1958, but it was extended through various orders over time. The respon...

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Union of India Vs. S. K. Rao [1971] INSC 318 (22 November 1971)

Judgement Date : 22 Nov 1971

Citation : 1971 Latest Caselaw 318 SC

Army Act, 1950
Army Rules, 1954

Headnote :

The respondent, a commissioned officer in the Indian Army, was determined by a Court of Inquiry to have engaged in serious misconduct. The Chief of the Army Staff deemed it inappropriate for him to be tried by a General Court Martial, leading to his removal from service in accordance with the proced...

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C. F. Angadi Vs. Y. S. Mrannayya [1971] INSC 319 (23 November 1971)

Judgement Date : 23 Nov 1971

Citation : 1971 Latest Caselaw 319 SC

Headnote :

According to a compromise decree, the respondent plaintiff agreed to deposit the sale amount in court by January 1, 1960.Since December 31, 1959, and January 1, 1960, were holidays, the respondent made the deposit on January 2, 1960, and attempted to enforce his rights under the decree, compelling t...

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State of Assam Vs. Ka Brhyien Kurkalang & Ors [1971] INSC 320 (23 November 1971)

Judgement Date : 23 Nov 1971

Citation : 1971 Latest Caselaw 320 SC

Assam Excise Act, 1910
Constitution of India

Headnote :

The governance of tribal areas in Assam is regulated by Articles 244 and 275 of the Constitution, specifically through the provisions outlined in Schedule VI. Paragraph 19 of this Schedule includes transitional provisions that assign the administration of the autonomous districts listed in Part A of...

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Pillani Investment Corporation Ltd. Vs. I.T.O.'A'ward, Calcutta & ANR [1971] INSC 321 (23 November 1971)

Judgement Date : 23 Nov 1971

Citation : 1971 Latest Caselaw 321 SC

Headnote :

The appellant company contested an order under section 23A that the Income-tax Officer sought to impose, arguing that it constituted an assessment or reassessment as defined by section 34(3) of the Act, and was therefore time-barred. After the High Court dismissed their writ petition, the company ap...

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State of U.P. Vs. Ram Nath, Partner M/S. Panna Lal Durga Prasad, Kanpur [1971] INSC 322 (24 November 1971)

Judgement Date : 24 Nov 1971

Citation : 1971 Latest Caselaw 322 SC

Constitution of India
CrPC Section 155. Information as to non-cognizable cases and investigation of such cases
Trade and Merchandise Marks Act, 1958
Trade and Merchandise Marks Act, 1958

Headnote :

The Inspector of Trademarks sent a letter to the Magistrate, urging him to take appropriate legal action against the respondents. The allegations stated that the respondents were manufacturing coins and gold pieces while using a trademark that was deceptively similar to a bank\'s registered trademar...

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Premier Automobiles Ltd. & ANR Vs. Union of India [1971] INSC 323 (24 November 1971)

Judgement Date : 24 Nov 1971

Citation : 1971 Latest Caselaw 323 SC

Industries (Development and Regulation) Act, 1951

Headnote :

Based on the recommendations of the Tariff Commission, the Government of India issued the Motor Car (Distribution and Sale) Control (Amendment) Order 1969 under section 18G of the Industries (Development and Regulation) Act, 1951. This order established the ex-factory prices for three domestically m...

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Automotive Manufacturers (P) Ltd. Vs. Govt. of Andhra Pradesh & Ors [1971] INSC 324 (25 November 1971)

Judgement Date : 25 Nov 1971

Citation : 1971 Latest Caselaw 324 SC

Headnote :

Section 3 of the Andhra Pradesh Motor Vehicles Taxation Act (5 of 1963) permits the imposition of tax on motor vehicles that are \"used or kept in use in a public place in the State.\" According to Item 4 in the notification table issued under section 9 of the Act, \"any chassis of a motor vehicle w...

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R. B. Bansilal Abirchand Milis Co. Ltd. Vs. Labour Court Nagpur & Ors [1971] INSC 325 (25 November 1971)

Judgement Date : 25 Nov 1971

Citation : 1971 Latest Caselaw 325 SC

Constitution of India
Industrial Disputes Act, 1947
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

A textile mill located in Madhya Pradesh employed around a thousand workers and was owned by a firm that is the appellant in the Second Appeal. A fire occurred at the mill, causing significant damage to some machinery. According to a letter from the insurance company, the damage was estimated at app...

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M. N. Sankarayarayanan Nair Vs. P. V. Balakrishnan & Ors [1971] INSC 326 (26 November 1971)

Judgement Date : 26 Nov 1971

Citation : 1971 Latest Caselaw 326 SC

CrPC Section 333. When accused appears to have been of sound mind
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Headnote :

The respondents were charged with forgery, cheating, and other offenses and were committed to trial in the Sessions Court. They contested the committal order, but the High Court determined that there was a prima facie case against them. Subsequently, the trial judge divided the charges, which was al...

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Damodarprasad Chandrikaprasad & Ors Vs. State of Maharashtra [1971] INSC 327 (29 November 1971)

Judgement Date : 29 Nov 1971

Citation : 1971 Latest Caselaw 327 SC

Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The High Court overturned the acquittal of the appellants on multiple charges and found them guilty. One piece of evidence that the High Court considered was the first information report, which was not substantiated by its creator during their testimony in the trial court. Nevertheless, the High Cou...

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State of Madhya Pradesh & ANR Vs. Dadabhoy's New Chirimiri Ponri Hill Colliery Co. Pvt. Ltd. [1971] INSC 328 (29 November 1971)

Judgement Date : 29 Nov 1971

Citation : 1971 Latest Caselaw 328 SC

Mineral Concession Rules, 1960

Headnote :

In 1944, the ruler of the former Indian State of Korea granted D a mining lease for an area of 5.25 square miles. The lease stipulated that royalty rates would range from 5% to 25%, depending on the price of coal per ton extracted from the leased area. Specifically, the royalty was set at 4 annas pe...

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Kishorilal Hans Vs. Raja Ram Singh & Ors [1971] INSC 329 (30 November 1971)

Judgement Date : 30 Nov 1971

Citation : 1971 Latest Caselaw 329 SC

Headnote :

The Appellant was declared elected in February 1967 from the Bhander Assembly Constituency in the Datia District of Madhya Pradesh, a seat reserved for a Scheduled Caste candidate. According to the Constitution (Scheduled Castes) Order of 1950 and the Scheduled Tribes Lists (Modification) Order of 1...

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