Caselaw | Supreme Court Judgements of february 1972

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State of U.P. Vs. Sayed Abdul Jalil [1972] INSC 37 (1 February 1972)

Judgement Date : 01 Feb 1972

Citation : 1972 Latest Caselaw 37 SC

Headnote :

Pursuant to an order by a Muslim ruler of an erstwhile princely-State, the respondent was allotted a house and he was living in it. After the merger of the princely-State with the appellant-State, rent was demanded from the respondent and he filed a suit for a declaration that be was the owner in po...

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Himalaya House Co. Ltd. Bombay Vs. Chief Controlling Revenue Authority [1972] INSC 38 (1 February 1972)

Judgement Date : 01 Feb 1972

Citation : 1972 Latest Caselaw 38 SC

Bombay Stamp Act, 1958
Bombay Stamp Act, 1958
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

The lessee of a plot of land from Government sub-leased it and the sub-lessee built a building on it consisting of Rats, shops and offices. The sub-lessee assigned the rights of occupation of those flats etc. under various .agreements. Thereafter, the appellant-company was incorporated and the su...

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Haru Das Gupta Vs. State of West Bengal [1972] INSC 39 (1 February 1972)

Judgement Date : 01 Feb 1972

Citation : 1972 Latest Caselaw 39 SC

Constitution of India

Headnote :

The petitioner was arrested and detained on February 5, 1971 under' s. 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. After receipt of the report of the Advisory Board, the St-ate Government confirmed the detention order on May 5, 1971. On the question whether the confirma...

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N. E. Horo Vs. Jahan Ara Jaipal Singh [1972] INSC 40 (2 February 1972)

Judgement Date : 02 Feb 1972

Citation : 1972 Latest Caselaw 40 SC

Divorce Act, 1869
Representation of the People Act, 1951

Headnote :

The respondent, who was a Tamil by birth and Christian by religion, had married a member of the Munda Schedule Tribe in the State of Bihar. On the death of her husband, who was a member of the Lok Sabha, she stood for election from a Parliamentary (Schedule Tribe) Constituency in the State. Anoth...

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Anal Chandra Banarjee Vs. The State of West Bengal [1972] INSC 41 (2 February 1972)

Judgement Date : 02 Feb 1972

Citation : 1972 Latest Caselaw 41 SC

IPC Section 307. Attempt to murder
West Bengal (Prevention Of Violent Activities) Act, 1970

Headnote :

The petitioner was detained under s. 3(i) and (iii) of the West Bengal (Prevention of Violent Activities) Act, 1970. The first and the second ground of detention served on him mentioned two incidents of theft and throwing of bombs with intent to kill said to have been committed in the yard of Nai...

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Ram Krishna Paul Vs. The Govt. of West Bengal & Ors [1972] INSC 42 (3 February 1972)

Judgement Date : 03 Feb 1972

Citation : 1972 Latest Caselaw 42 SC

Constitution of India

Headnote :

The petitioner was detained under section 6 of the West Bengal Prevention of Violent Activities Act, 1970. One of the grounds of detention which was supplied to the petitioner under sub-section (1) of section 8 was that he along with his associates went to a pharmacy posing himself as a purchaser of...

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Ananta Mukhi, @ Ananta Hari Vs. State of West Bengal [1972] INSC 43 (3 February 1972)

Judgement Date : 03 Feb 1972

Citation : 1972 Latest Caselaw 43 SC

Arms Act, 1959
Constitution of India
CrPC Section 110. Security for good behaviour from habitual offenders
Delegation of Powers
Delegation of Powers
Explosive Substances Act, 1908
Indian Penal Code, 1860 (IPC)
IPC Section 425. Mischief
Preventive Detention Act, 1950

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

Headnote :

Petitioner, through Jail, filed a writ petition under art. 32 for a writ of babe as corpus. He was ordered to be detained u/s. 3 of West Bengal (Prevention of Violent Activities) Act, 1970, with a view to preventing him from acting in any manner prejudicial to the security of the State or the mai...

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Daud Ahmed Vs. District Magistrate, Allahabad & Ors [1972] INSC 44 (4 February 1972)

Judgement Date : 04 Feb 1972

Citation : 1972 Latest Caselaw 44 SC

Constitution of India

Headnote :

The petitioner owned premises which were in the occupation of a tenant. The tenant vacated the premises and delivered possession to the petitioner who moved into actual occupation and informed the authorities. Thereafter, the District Magistrate passed an order of requisition of these premises, with...

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R. L. Kapur Vs. State of Madras [1972] INSC 45 (8 February 1972)

Judgement Date : 08 Feb 1972

Citation : 1972 Latest Caselaw 45 SC

General Clauses Act, 1897
IPC Section 41. Special law
IPC Section 5. Certain laws not to be affected by this Act
IPC Section 70. Fine levied within six years, or during imprisonment- Death not to discharge property from liability

Headnote :

The appeal is directed against the order of the High Court of Madras directing a sum of Rs. 500/- deposited in the High Court as security for the appellants appearance before it in certain contempt of Court proceedings, to be adjusted against the fine imposed upon him in those proceedings. The conte...

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Ishwar Das Malhotra Vs. Union of India & Ors [1972] INSC 46 (8 February 1972)

Judgement Date : 08 Feb 1972

Citation : 1972 Latest Caselaw 46 SC

Constitution of India
CrPC Section 432. Power to suspend or remit sentences
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Jammu And Kashmir (Extension Of Laws) Act, 1956

Headnote :

By the Constitution (Application to Jammu & Kashmir) Order, 1954, one of the entries on which Parliament could make laws was Entry 80 of List I of the Seventh Schedule, dealing With 'Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outs...

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Shyam Lal Sharma, Vs. State of Madhya Pradesh [1972] INSC 47 (9 February 1972)

Judgement Date : 09 Feb 1972

Citation : 1972 Latest Caselaw 47 SC

CrPC Section 103. Magistrate may direct search in his presence
CrPC Section 165. Search by police officer
CrPC Section 173. Report of police officer on completion of investigation
Indian Penal Code, 1860 (IPC)
IPC Section 342. Punishment for wrongful Confinement
IPC Section 353. Assault or criminal force to deter public servant from discharge of his duty

Headnote :

Because of allegations that the Inspector of a traffic barrier was demanding bribe from a lorry driver a trap was arranged. It was led by a Circle Inspector (P.W. 1). The decoy witness handed over Rs. 40 in currency notes to constable N inside the barrier office. Thereafter a signal was given to the...

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P. B. Roy Vs. Union of India [1972] INSC 48 (11 February 1972)

Judgement Date : 11 Feb 1972

Citation : 1972 Latest Caselaw 48 SC

Constitution of India

Headnote :

The appellant was holding a temporary post of Editor in the Publications Division of the Department of Information and Broadcasting. The temporary post was sanctioned upto 28-21957. On 16-2-1959, the President of India, in exercise of the powers conferred by the proviso to Art. 309 of the Constituti...

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Union of India & Ors Vs. N.K. Private Limited & ANR [1972] INSC 49 (11 February 1972)

Judgement Date : 11 Feb 1972

Citation : 1972 Latest Caselaw 49 SC

Constitution of India

Headnote :

A global tender to sell surplus serviceable and scrap rails was issued to established buyers by the Government of India and pursuant to this tender notice, the respondents by their letter dated 21-5-68 offered to buy the rails at a particular price and Shri P. C. Oak, Deputy Director, Railway Stores...

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Ganga Devi & Ors Vs. State of U.P [1972] INSC 50 (11 February 1972)

Judgement Date : 11 Feb 1972

Citation : 1972 Latest Caselaw 50 SC

United Provinces Tenancy Act, 1939

Headnote :

The forests of the appellants vested in the respondent-State as a result of the notification under the U.P. Zamindari Abolition and Land Reforms Act. 1950, and the Compensation Officer determined the basis of compensation. In appeal by the respondent the High Court held that the Compensation Offi...

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Municipal Corporation, Bhopal, M.P. Vs. Misbahul Hasan & Ors [1972] INSC 51 (12 February 1972)

Judgement Date : 12 Feb 1972

Citation : 1972 Latest Caselaw 51 SC

Headnote :

The respondent employee was appointed a Lower Division Clerk and after 5 years of service, the Administrator of the Municipal Corporation, purporting to carry out the orders of the St-ate Government, passed a general order dated 21st December 1967, stating that the age of compulsory retirement of al...

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Khandu Sonu Dhobi & ANR Vs. State of Maharashtra [1972] INSC 52 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 52 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 403. Dishonest misappropriation of property

Headnote :

The appellants entrusted with the duties of carrying out improvement schemes under the Bombay Land Improvement Scheme Act, 1942, were charged with the offence of preparing false documents and committing criminal breach of trust in respect of certain amount. It was alleged that even though no work ha...

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Gudar Dusadh Vs. State of Bihar [1972] INSC 53 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 53 SC

Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 302. Punishment for murder

Headnote :

Section 300, clause thirdly, of the Indian Penal Code, 1860, consists of two parts. Under the first part it has to be shown that there was an intention on the part of the accused to inflict the particular injury which was found on the body of the deceased. The second part requires that the bodily in...

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Som Narth Puri Vs. The State of Rajasthan [1972] INSC 54 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 54 SC

IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The appellant who was an employee of the Indian Airlines Corporation was convicted under s. 409, Penal Code, and section 5(2) read with section 5 (1) (c) of the Prevention of Corruption Act, 1947. The appellant's duty was to make reservations for the passengers. The practice was that whenever th...

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C. L. Subramaniam Vs. Collector of Customs, Cochin [1972] INSC 55 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 55 SC

The Dunlop Rubber Co. Vs. Workmen [1964] INSC 260 (10 November 1964)

Headnote :

The appellant, a preventive officer, applied for permission to allow his wife to run a taxi service. He was informed that no permission was necessary. Thereafter, appellant acting on behalf of his wife, purchased a few cars which were used as taxis. Later several complaints were made against him to...

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Binny Ltd. Vs. Their Workmen & ANR [1972] INSC 56 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 56 SC

Payment of Bonus Act, 1965

Headnote :

The appellant company was making two payments of bonus every year one for the half year ending 30th June and the other for the half year ending 31st December. The payment was on the basis of profits earned by it and the payment was not a condition of service and had nothing to do with any custom or...

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Senior Superintendent,R.M.S Cochin & ANR Vs. K. Vs. Gopinath, Sorter [1972] INSC 57 (18 February 1972)

Judgement Date : 18 Feb 1972

Citation : 1972 Latest Caselaw 57 SC

Constitution of India

Headnote :

The services of the respondent, a temporary government servant, were terminated on a particular day, but his salary and allowances due till then were not paid on that date. The High Court held that the termination was not in accordance with the provisions of r. 5 of the Central Service (Temporary...

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Gobind Ram Vs. State of Maharashtra [1972] INSC 58 (21 February 1972)

Judgement Date : 21 Feb 1972

Citation : 1972 Latest Caselaw 58 SC

Headnote :

civil suit, were pending. While dismissing the transfer application, the Additional Sessions Judge, who heard' the application, recorded an order that a report be submitted to the High Court for considering the conduct of the applicant as to the course adopted by him in making imputations or...

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R. P. Khanna & Ors Vs. S.A.F. Abbas & Ors [1972] INSC 59 (22 February 1972)

Judgement Date : 22 Feb 1972

Citation : 1972 Latest Caselaw 59 SC

Indian Administrative Service (Appointment by Promotion) Regulations, 1955
Indian Administrative Service (Cadre) Rules, 1954

Headnote :

Rule 3(3)(b) of the Indian Administrative, Service (Regulation of Seniority) Rules 1954 laid down in its main part that the year of allotment of an officer who was appointed to the service by promotion 'shall be the year of allotment of the junior-most among the officers who entered the service...

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R. C. Jal & ANR Vs. Union of India [1972] INSC 60 (23 February 1972)

Judgement Date : 23 Feb 1972

Citation : 1972 Latest Caselaw 60 SC

Headnote :

Coal was despatched from colleiries within British India in December 1946 and January and February 1947, to the appellant in Indore. The respondent filed a suit in 1953 for recovery of coal production cess levied under the Coal Production Fund Ordinance, 1944, and r. 3(1) of the Coal Production Fund...

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Air India Corporation, Bombay Vs. V. A. Rebellow & ANR [1972] INSC 61 (24 February 1972)

Judgement Date : 24 Feb 1972

Citation : 1972 Latest Caselaw 61 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The respondent had bean employed by the appellant as an Assistant Station Superintendent. An order was passed terminating his services with immediate effect With payment of one month's salary in lieu of notice. He filed a complaint under s. 33A of the Industrial Disputes Act, 1947 before the Lab...

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Unichem Laboratories Ltd. Vs. The Workmen [1972] INSC 62 (24 February 1972)

Judgement Date : 24 Feb 1972

Citation : 1972 Latest Caselaw 62 SC

Industrial Disputes Act, 1947

Headnote :

The appellant carried on the business of manufacturing and selling pharmaceutical products in Greater Bombay. In disputes arising bet the appellant and the respondents the Industrial Tribunal had to deal with questions relating to dearness allowance, classification of grades and fixation of wages an...

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Haridwar Singh Vs. Bagun Sumbrui & Ors [1972] INSC 63 (25 February 1972)

Judgement Date : 25 Feb 1972

Citation : 1972 Latest Caselaw 63 SC

Headnote :

The right to exploit a bamboo coup in the Hazaribagh district of Bihar was auctioned in August 1970. The reserve price was Rs. 95,000/but the appellant's bid of Rs. 92,001/being the highest was accepted by the Divisional Forest Officer. The petitioner deposited the security required and executed...

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Thulia Kali Vs. The State of Tamil Nadu [1972] INSC 64 (25 February 1972)

Judgement Date : 25 Feb 1972

Citation : 1972 Latest Caselaw 64 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 379. Punishment for theft

Headnote :

This Court does not normally reappraise evidence in an appeal under article 136 of the Constitution but that fact would not prevent interference with an order of conviction, if, on consideration of the vital prosecution evidence in the case the Court finds it to be afflicted with ex-facie infirmity....

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