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 :

By Mysore Act 11 of 1961 which came into force on October 1, 1961 sugarcane was included at Serial No. 11-A in the Third Schedule to the Mysore Sales Tax Act, 1957. As a result of the amendment the appellants were subjected to levy of tax on purchase of sugarcane. Their writ petitions challenging th...

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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, a member of the Assam Judicial Service, was confirmed fly the High Court of Assam and Nagaland in Judicial Service (Junior) Grade I against the post of sub- Judge. The Accountant General., of Nagaland took objection to this order of confirmation on the ground that under r. 5(iv)...

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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 was brought into force on October 1, 1969. It was enacted as a temporary measure and was to expire on December 31, 1970. The preamble of the Act recites collapses of residential buildings, acute shortage of housing accommodation...

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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 :

For an offence under s. 325 read with s. 34 of the Indian Penal Code the appellants were sentenced by the Sessions Judge to undergo rigorous imprisonment for six months each, apart from fine. The High Court in exercise of powers under s. 423(1A) of the Code of Criminal Procedure enhanced the sentenc...

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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 s. 2(2) of the Finance Act, 1964, where the total income of an assessee includes. any income chargeable under the head 'salaries' income-tax and super-tax payable by the assessee on the salary portion shall be the proportionate amount payable according to the rates provided in t...

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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 proceedings relating to the years 1960-61, 1961-62 and 1962-63 the question that fell for consideration was whether their claim under s., 5 (2) (a) (vi) of the Act in respect of cotton purchased by them and late...

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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 :

By the Orissa Land Reforms Act, 1965, the Orissa Land Reforms Act, 1960, was amended by substituting new Chaps. III and IV for the original Chaps. III and-IV. By notifications issued under s. 1(3) of the Act, under which different dates may be appointed by notification for the coming into force o...

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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, subjects every sales tax law of a State to the restriction that the tax on the sale or purchase of ,declared goods shall not exceed the rate prescribed in the section. On April 1, 1958, textiles became declared goods and thereafter the Mysore State Legi...

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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, a recognised national party under the Election Symbols (Reservation and Allotment) Order, 1968 had as its symbol "Two Bullocks with Yoke on" for the purpose of elections. The Congress is a voluntary association with its own Constitution. In 1969, following dif...

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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 convicted under s. 379 I.P.C. and sentenced to 6 months R.I.. He committed the theft along with another accused. At the time of the occurrence he was 16 years of age and at the time of conviction about 18 years. The Probation Officer recommended that he may be released on probatio...

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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 respondent was an employee of the appellant Federation. His services were lent to the Indian National Committee of International Chamber of Commerce on the occasion of the 20th Congress of the International Chamber of Commerce held in Delhi in February 1965. He claimed overtime payment for 40...

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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 was a spinning mill. It opened a fair price shop to provide an amenity to its workmen so that commodities may be made available to them at fair prices. For the assessment year 1960-61 the assessing authority under the Madras General Sales Tax Act, 1959, included in the assessee's...

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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 by its resolution dated April 19, 1962 framed a development-cum-housing accommodation scheme under ss. 24, 25 and 28 of the Punjab Town Improvement Act 1922. After notice was issued under s. 36 of the Act several objections were received. the objections were rejected b...

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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 accused were charged with the offenses under ss. 148 and 302 and 307 read with s. 149 I.P.C., for having formed themselves into an unlawful assembly with the common object of demolishing a thatch belonging to the complainant and for causing death and injuries when resisted. The trial court convi...

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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 order disposing of a habeas corpus petition stated that the detenu had been taken into custody on the 5th of May, 1968, that his arrest "had surreptitiously been" sworn to have taken place on the 10th of May, 1968, and that he was subjected to torture resulting in inj...

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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 appointed temporarily to respective posts and at the time of their appointment the posts were also temporary. Sometime after, their appointments, though temporary, were declared to be in substantive capacity within the meaning of the order of the Governor regarding, Fundamental...

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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 detained under the West Bengal (Prevention of Violent Activities) Act, 1970. In writ petitions before the High Court they challenged the constitutional validity of the Act on the following grounds: (1) that it was not a law made by Parliament as contemplated by Art. 22(7) of...

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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 suit was instituted by the plaintiffs in a representative capacity as Bhakats. According to the allegations in the plaint, a grant of rent free land of approximately 316 bighas was made by a Kim,, during the pre- British period in the name of one G, for the establishment of a vaishnavic institut...

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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 joined the service of the composite State of Punjab and Haryana on June 22, 1957 as the State's Press Liaison officer at Delhi in the Public Relations Department of the State. The original appointment was to last till February 28, 1958 but was continued by orders passed from time...

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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 found to have committed acts of gross misconduct by a Court of Inquiry. The Chief of the Army Staff was of the opinion that his trial by a General Court Martial was inexpedient, and the respondent was removed from service after following...

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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 :

Under a compromise decree the respondent plaintiff agreed to deposit in court the sale amount by January 1, 1960. December 31, 1959 and January 1, 1960 were holidays. The respondent made the deposit on January 2, 1960 and sought to enforce his right under the decree compelling the appellant defen...

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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 administration of tribal areas in the State of Assam is governed, by virtue of Arts. 244 and 275 of the Constitution by the provisions contained in Schedule VI of the Constitution. Paragraph 19 of the VI Schedule contains transitional provisions, under which the administration of autonomous dist...

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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 objected to an order tinder s. 23A sought to be passed against it by the Income-tax Officer on the ground that it was an order of assessment or re- assessment within the meaning of s. 34(3) of the Act and barred by time. The writ petition in the High Court having failed the com...

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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 wrote a letter to the Magistrate and requested him to take necessary action under law against the respondents on the allegations that the respondents were producing coins and pieces of gold and were applying to them a trade mark which was deceptively similar to the regist...

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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 :

On the basis of the recommendation of the Tariff Commission the Government of India promulgated the Motor Car (Distribution and Sale) Control (Amendment) Order 1969 under s. 18G of the Industries (Development and Regulation) Act, 1951. By this order the Government fixed the exfactory prices of the t...

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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) authorised levy of tax on motor vehicles "used or kept in use in a public place in the State". Item 4 in the table of the notification issued under s. 9 of the Act exempted from the tax "any chassis of motor vehic...

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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 in Madhya Pradesh employed about a thousand workers. The mill was owned by a firm, the appellant in the Second Appeal. A fire broke out in the Mill doing appreciable damage to some of the machines. From a letter of the Insurance company, the extent of the damage caused, was ascertaine...

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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 committed to trial before the Sessions Court for offences of forgery, cheating, etc. They challenged the committal order but the High Court held that there was a prima facie case. Thereafter, the trial judge split up the charges and this was again questioned but the High Court h...

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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 set aside an order of acquittal of the appellants on various charges and convicted them. One of the items of evidence on which the High Court relied was the first information report. Though it was not proved through its maker when be gave evidence in the trial court. the High Court he...

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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 erstwhile Indian State of Korea granted to D a mining lease in respect of an area of 5.25 sq.. miles in the State. According to the terms of the lease the rates of royalty varied from 5% 0 25% according to the price of the coal per tons extracted from the eased area, that is...

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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 :

Thee Appellant Was Declared Elected In February 1967 From The Bhander Assembly Constituency In District Datia Of The State Of Madhya Pradesh A Seat Which Was Reserved For A Scheduled Caste Candidate. Under The Constitution (Scheduled Castes) Order 1950 And Scheduled Tribes Lists (Modification) Order...

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