Caselaw | Supreme Court Judgements of january 1972

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Mahant Bhagwan Bhagat Vs. G. N. Bhugat & Ors [1972] INSC 1 (4 January 1972)

Judgement Date : 04 Jan 1972

Citation : 1972 Latest Caselaw 1 SC

Headnote :

Three key points must be considered regarding the succession to the position of a mohunt: (i) if the founder or endower has established a specific rule for succession, that rule must be followed; (ii) if no such rule exists, the customs of the particular institution should be adhered to; and (iii) a...

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Union of India & Ors Vs. M. Ravi Varma & Ors [1972] INSC 2 (4 January 1972)

Judgement Date : 04 Jan 1972

Citation : 1972 Latest Caselaw 2 SC

Constitution of India

Headnote :

To ensure the seniority of Central Government employees displaced from Pakistan, the Home Ministry issued an Office Memorandum on June 22, 1949, stating that the seniority of all Central Government employees within the same grade would be determined by their length of service in that grade.By 1959,...

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S. G. Mercantile Corpn. (P) Ltd. Vs. The C.I.T., Calcutta [1972] INSC 3 (4 January 1972)

Judgement Date : 04 Jan 1972

Citation : 1972 Latest Caselaw 3 SC

Headnote :

The appellant company was established with the purpose, among other things, of acquiring, leasing, or otherwise obtaining and managing lands, houses, and other real and personal property, as well as engaging in commercial dealings with them. The company leased a marketplace for a monthly rent, with...

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S. Vs. Kandaskar Vs. V. N. Deshpande & ANR [1972] INSC 4 (4 January 1972)

Judgement Date : 04 Jan 1972

Citation : 1972 Latest Caselaw 4 SC

Headnote :

A company undergoing liquidation was ordered by the High Court to be dissolved, and an official liquidator was appointed. Subsequently, the Income Tax Officer (I.T.O.) issued notices under section 148 of the Income Tax Act, proposing to reopen the company\'s assessments for the years 1950-51 to 1955...

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S. L. Goswami Vs. State of Madhya Pradesh [1972] INSC 5 (4 January 1972)

Judgement Date : 04 Jan 1972

Citation : 1972 Latest Caselaw 5 SC

CrPC Section 342. Power to order court

Headnote :

The appellant served as the Professor and Head of the Department of Pharmacology and Therapeutics at the Medical College in Jabalpur. In September 1964, he purchased a Double Distillation Apparatus from Messrs S. K. Biswas and Co. in Calcutta for Rs. 450, as part of a research project he was conduct...

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State of Punjab Vs. M/S. Associated Hotels of India Ltd. [1972] INSC 6 (4 January 1972)

Judgement Date : 04 Jan 1972

Citation : 1972 Latest Caselaw 6 SC

Headnote :

The respondent company operated as a hotel and was registered as a dealer under the Punjab General Sales Tax Act of 1948. It sought a declaration stating that it was not liable for sales tax on meals provided to guests staying at the hotel, based on the following arguments: (1) the primary purpose o...

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Deputy Asstt. Iron & Steel Controller & ANR Vs. L. Manickchand, Proprietor, Katrella Metalcorpn [1972] INSC 7 (5 January 1972)

Judgement Date : 05 Jan 1972

Citation : 1972 Latest Caselaw 7 SC

Headnote :

In December 1968, the respondent submitted an application for an import license to import stainless steel for the licensing period of 1968-69. The registration certificate confirmed that he was involved in the production of hospital and surgical instruments, as well as household utensils made of sta...

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Mohd. Maqbool Damnoo Vs. State of Jammu and Kashmir [1972] INSC 8 (5 January 1972)

Judgement Date : 05 Jan 1972

Citation : 1972 Latest Caselaw 8 SC

Constitution of India
Constitution of Jammu and Kashmir

Headnote :

Initially, the Explanation to Article 37U(1) defined the Government of the State of Jammu and Kashmir as the individual recognized by the President of India as the Maharaja of Jammu and Kashmir, acting on the advice of his Council of Ministers. In 1952, the Constituent Assembly of the State decided...

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Maharashtra State Electricity Board and Thestate of Maharas Vs. Nagpur Electric Light and Power Company Ltd.& ANR [1972] INSC 9 (7 January 1972)

Judgement Date : 07 Jan 1972

Citation : 1972 Latest Caselaw 9 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

On May 4, 1905, Crompton & Co. Ltd. was granted a license under section 4(1) of the Indian Electricity Act, 1903, to supply electricity within the municipal area of Nagpur. This license was officially announced in the Central Provinces Gazette on May 6, 1905. According to the license, the government...

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State of Uttar Pradesh Vs. Samman Dass [1972] INSC 10 (11 January 1972)

Judgement Date : 11 Jan 1972

Citation : 1972 Latest Caselaw 10 SC

Constitution of India
CrPC Section 342. Power to order court
CrPC Section 374. Appeals from convictions

Headnote :

The High Court, when acting under Section 374 of the Code of Criminal Procedure, must evaluate the evidence independently and reach its own conclusions. However, this does not prevent this Court from intervening if the High Court overturns the trial court\'s judgment based on reasons that are clearl...

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Delhi Cloth & General Mills Co. Vs. Ludh Budh Singh [1972] INSC 11 (11 January 1972)

Judgement Date : 11 Jan 1972

Citation : 1972 Latest Caselaw 11 SC

Industrial Disputes Act, 1947

State Bank of India Vs. R. K. Jain & Ors [1971] INSC 253 (17 September 1971)
M/S. Bharat Sugar Mills Ltd. Vs. Shri Jai Singh & Ors [1961] INSC 275 (20 September 1961)

Headnote :

An investigation was conducted regarding specific allegations of misconduct against the respondent, who was employed by the appellant. The Enquiry Officer submitted a report concluding that the allegations were substantiated. The appellant accepted this report and decided to terminate the respondent...

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Talkeshwari Devi Vs. Ram Ran Bikat Prasad Singh & ANR [1972] INSC 12 (12 January 1972)

Judgement Date : 12 Jan 1972

Citation : 1972 Latest Caselaw 12 SC

Indian Succession Act, 1925

Headnote :

According to clause 4 of the will, the testator granted his granddaughters, T and S, an absolute right to the properties that would pass to them after the death of his wife. Clause 5 stipulated that if either granddaughter were to die without children, the surviving granddaughter would inherit the e...

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Nagendra Nath Mondal Vs. The State of West Bengal [1972] INSC 13 (13 January 1972)

Judgement Date : 13 Jan 1972

Citation : 1972 Latest Caselaw 13 SC

Constitution of India
IPC Section 425. Mischief
Preventive Detention Act, 1950

Headnote :

The petitioner was held under the West Bengal Prevention of Violent Activities Act, 1970. The reasons for his detention indicated that he, along with others, had on two occasions entered educational institutions, set fire to books, registers, and furniture, planted bombs in the buildings, and threat...

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Agrawal Trading Corporation & Ors Vs. Collector of Customs & Ors [1972] INSC 14 (17 January 1972)

Judgement Date : 17 Jan 1972

Citation : 1972 Latest Caselaw 14 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, a partnership firm with two partners, was engaged in the business of importing and exporting. The firm\'s Cashier delivered a wooden case to Swiss Airways at Dum Dum for air shipment to Hong Kong.The consignment note indicated that the shipment was sent by a fictitious individual name...

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Dharmadeo Rai Vs. Ramnagina Rai [1972] INSC 15 (18 January 1972)

Judgement Date : 18 Jan 1972

Citation : 1972 Latest Caselaw 15 SC

Indian Penal Code, 1860 (IPC)
IPC Section 188. Disobedience to order duly promulgated by public servant

Headnote :

A private complaint regarding the forgery of a zerpeshgi lease and its registration under the Indian Registration Act was lodged against several individuals, including the appellant. The trial court acquitted the appellant. However, upon appeal by the complainant, the High Court convicted the appell...

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State of Tamil Nadu & Ors Vs. S. K. Krishnamurthi, [1972] INSC 16 (18 January 1972)

Judgement Date : 18 Jan 1972

Citation : 1972 Latest Caselaw 16 SC

Headnote :

In line with the appellant-State\'s policy to nationalize school textbooks, directives were issued to District Collectors and Local Board authorities instructing them to inform publishers of the textbooks approved for the 1969-70 academic year that these books would no longer be prescribed after the...

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State of Uttar Pradesh & Ors Vs. Raja Jitendra Singh [1972] INSC 17 (18 January 1972)

Judgement Date : 17 Jan 1972

Citation : 1972 Latest Caselaw 17 SC

Headnote :

The Uttar Pradesh Large Land Holdings Tax Act No. 31 of 1957 took effect on July 1, 1957. The Rules associated with the Act were published in the U.P. Gazette Extraordinary on November 23, 1957. An amendment on April 23, 1958, introduced Rule 6-A, which stipulates that if a disabled landholder, as d...

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Commissioner of Wealth Tax, West Bengal Vs. Champa Kumari Singhi & Ors [1972] INSC 18 (19 January 1972)

Judgement Date : 19 Jan 1972

Citation : 1972 Latest Caselaw 18 SC

Constitution of India
Hindu Succession Act, 1956
Wealth Tax Act, 1957

Headnote :

The High Court determined that the assessee, a Jain undivided family, did not qualify as a Hindu undivided family as defined by section 3 of the Wealth Tax Act, 1957. The Court stated that for a Hindu undivided family to exist, its members must be Hindus; since the assessee\'s family consists of Jai...

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Balkishandas & Ors Vs. State Bank of Hyderabad & ANR [1972] INSC 19 (20 January 1972)

Judgement Date : 20 Jan 1972

Citation : 1972 Latest Caselaw 19 SC

Constitution of India

Headnote :

Respondent 1, a bank, initiated legal action against appellants Nos. 1 to 4, who are members of a joint family, seeking the recovery of Rs. 5 lakhs based on a mortgage deed executed in favor of the bank, which was secured by certain immovable properties without possession. Defendant No. 5 acted as a...

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Ziley Singh, Vs. Registrar, Cane Cooperative Societies, Lucknow & Ors [1972] INSC 20 (20 January 1972)

Judgement Date : 20 Jan 1972

Citation : 1972 Latest Caselaw 20 SC

Co-operative Societies Act, 1912
U.P. Co-operative Societies Act, 1965
U.P. Co-operative Societies Rules, 1968

Headnote :

According to Section 32 of the U.P. Cooperative Societies Act, 1965, the agenda for the annual general meeting of a society includes, among other things, the election of the management committee. As per Rule 409 of the Cooperative Societies Rules, 1967, a cooperative society may, with prior approval...

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I.C. I. (India) Private Ltd. Vs. C. I. T., West Bengal [1972] INSC 21 (20 January 1972)

Judgement Date : 20 Jan 1972

Citation : 1972 Latest Caselaw 21 SC

Headnote :

In 1953, following negotiations with the relevant Department of the Government of India and the Reserve Bank, a company incorporated in the U.K. provided substantial loans to its Indian subsidiary, the assessee, to purchase shares in various Indian companies. The correspondence indicated that the U....

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Gouri Shankar Jha Vs. The State of Bihar & Ors [1972] INSC 22 (20 January 1972)

Judgement Date : 20 Jan 1972

Citation : 1972 Latest Caselaw 22 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
IPC Section 395. Punishment for dacoity

Headnote :

In the appeal against the High Court\'s decision to dismiss the appellant\'s petition for a writ of habeas corpus, the appellant argued that he was not presented before a magistrate within the 24-hour timeframe mandated by section 167 of the Code of Criminal Procedure, nor was he presented later. He...

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Ujjal Mandal Vs. State of West Bengal [1972] INSC 23 (21 January 1972)

Judgement Date : 21 Jan 1972

Citation : 1972 Latest Caselaw 23 SC

Constitution of India
Preventive Detention Act, 1950
West Bengal (Prevention Of Violent Activities) Act, 1970

Headnote :

The petitioner was apprehended on May 11, 1971, in accordance with section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. His case was reviewed by the Advisory Board, which submitted its findings to the State Government on July 12, 1971, indicating that there was adequate justifi...

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Sammbhu Nath Jha Vs. Kedar Prasad Sinha & Ors [1972] INSC 24 (24 January 1972)

Judgement Date : 24 Jan 1972

Citation : 1972 Latest Caselaw 24 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India

Headnote :

The appellant, who served as a minister in the Bihar State Government, released to the press a copy of a notification published in the Bihar Gazette Extraordinary on March 12, 1968, which announced the initiation of an inquiry against a former minister among others.Allegation No. J-4 in the attached...

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Chigurupati Venkata Subbayya & Ors Vs. Paladuga Anjayya & Ors [1972] INSC 25 (24 January 1972)

Judgement Date : 24 Jan 1972

Citation : 1972 Latest Caselaw 25 SC

Headnote :

The High Court ruled in favor of the respondents in their lawsuit seeking a declaration that certain lands were communal lands. In their appeal to this Court, the following arguments were presented: (1) The Collector determined under section 20A of the Madras Estates Land Act, 1908, that the lands w...

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Tribeni Devi & Ors Vs. Collector of Ranchi [1972] INSC 26 (25 January 1972)

Judgement Date : 25 Jan 1972

Citation : 1972 Latest Caselaw 26 SC

Headnote :

According to the principles outlined in sections 23 and 24 of the Land Acquisition Act of 1894, the compensation owed to a landowner is based on the market value, which reflects the price a seller could reasonably expect from a willing buyer. However, since determining this value with precision can...

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Govind Hanumantha Rao Desai Vs. Nagappa Alias Narahari Laxman Rao Deshpande & Ors [1972] INSC 27 (25 January 1972)

Judgement Date : 25 Jan 1972

Citation : 1972 Latest Caselaw 27 SC

Shrinivas Krishnarao Kango Vs. Narayan Devji Kango & Ors [1954] INSC 32 (23 March 1954)

Headnote :

The appellant was adopted in 1955 by the widow of R after R passed away in 1912. In 1933, a partition occurred between K (R\'s father) and his third son L, who were the only two coparceners at that time. Subsequently, K bequeathed his properties through a will to some of his relatives. Later, anothe...

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M/S. Jethmull Bhojraj Vs. State of Bihar & Ors [1972] INSC 28 (25 January 1972)

Judgement Date : 25 Jan 1972

Citation : 1972 Latest Caselaw 28 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

In 1954, the disputed lands were designated under the Indian Forests Act of 1927. Subsequently, to acquire and incorporate these lands into the adjacent Government forest, the Government issued a notification under Section 4 of the Land Acquisition Act of 1894.The Government also acted under Section...

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Jaipur Udyog Ltd. Vs. Cement Work Karmachari Sangh, Sahu Nagar [1972] INSC 29 (28 January 1972)

Judgement Date : 28 Jan 1972

Citation : 1972 Latest Caselaw 29 SC

Headnote :

The appellant, a public limited company, operated a cement factory and a limestone quarry at a distance from each other. It had two sets of standing orders governing the workers employed at both the factory and the quarries. Until April 1967, both sets of standing orders stipulated that workers woul...

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Parle Products (P) Ltd. Vs. J. P. & Co. Mysore [1972] INSC 30 (28 January 1972)

Judgement Date : 28 Jan 1972

Citation : 1972 Latest Caselaw 30 SC

Trade and Merchandise Marks Act, 1958
Trade and Merchandise Marks Act, 1958

Headnote :

The appellants initiated legal action seeking an injunction to prevent the respondents from infringing upon their registered trademark, which is used on the biscuit packets they produce. However, both the trial court and the High Court dismissed the suit.Upon granting the appeal to this Court,

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State of Andhra Pradesh & Ors Vs. U.S.V. Balram [1972] INSC 31 (28 January 1972)

Judgement Date : 28 Jan 1972

Citation : 1972 Latest Caselaw 31 SC

Headnote :

Admission to the integrated M.B.B.S. program at government medical colleges in Andhra Pradesh was based on two categories: candidates who completed the pre-University Course and those who finished the Higher Secondary Course (Multi-purpose). Students from either category were required to take a comp...

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State of Madhya Pradesh Vs. M/S. Saith & Skelton (P) Ltd. [1972] INSC 32 (28 January 1972)

Judgement Date : 28 Jan 1972

Citation : 1972 Latest Caselaw 32 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963
Sale of Goods Act, 1930

Vithal Das Vs. Rupchand & Ors [1966] INSC 102 (7 April 1966)

Headnote :

Disputes arose between the appellant and the respondent regarding the execution of a contract that included an arbitration clause, prompting efforts to appoint arbitrators and an umpire. The appellant submitted a petition to the District Judge\'s Court, which had jurisdiction over the case, seeking...

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Devidas Vithaldas & Co. Vs. C.I.T., Bombay City [1972] INSC 33 (28 January 1972)

Judgement Date : 28 Jan 1972

Citation : 1972 Latest Caselaw 33 SC

Headnote :

P and A operated as Chartered Accountants under the name D.V. & Co. When P retired from the partnership, a dissolution deed was executed stating that A would continue the business. According to clause 2 of the deed, P, who held the rights and interest in the goodwill, \"agreed to sell\" the goodwill...

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Vidya Ram Mishra Vs. Managing Committee, Shri Jai Narain College [1972] INSC 34 (31 January 1972)

Judgement Date : 31 Jan 1972

Citation : 1972 Latest Caselaw 34 SC

Headnote :

The appellant began his role as a lecturer at a college in U.P. Following several complaints received by the college\'s Manager, charges were brought against him, and he was asked to provide an explanation, which he did.However, his explanation was deemed unsatisfactory, leading the Managing Committ...

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Ishar Das Vs. State of Punjab [1972] INSC 35 (31 January 1972)

Judgement Date : 31 Jan 1972

Citation : 1972 Latest Caselaw 35 SC

Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954
Probation of Offenders Act, 1958

Rattan Lal Vs. State of Punjab [1964] INSC 119 (10 April 1964)

Headnote :

The appellant, who was under 20 years old, was found guilty of an offense under section 7(1) of the Prevention of Food Adulteration Act, 1954, and was required to provide a bond in accordance with section 4 of the Probation of Offenders Act, 1958. The High Court modified the sentence because section...

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Bhagat Ram Vs. State of Rajasthan [1972] INSC 36 (31 January 1972)

Judgement Date : 31 Jan 1972

Citation : 1972 Latest Caselaw 36 SC

CrPC Section 342. Power to order court
CrPC Section 403. Option of court to hear parties
CrPC Section 429. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 347. Wrongful confinement to extort property, or constrain to illegal act
IPC Section 389. Putting person in fear of accusation of offence, in order to commit extortion
IPC Section 420. Cheating and dishonestly inducing delivery of property

Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

A Police Inspector faced charges for violations under sections 120B, 161, 218, 347, and 389 of the Indian Penal Code (I.P.C.), as well as under section 5(1)(a) in conjunction with section 5(2) of the Prevention of Corruption Act. Another individual was charged alongside him for offenses under sectio...

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