Caselaw | Supreme Court Judgements of march 1972

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Union of India & ANR Vs. Gajendra Singh [1972] INSC 65 (7 March 1972)

Judgement Date : 07 Mar 1972

Citation : 1972 Latest Caselaw 65 SC

Constitution of India

Headnote :

The facts of the appeals are similar and the facts of C.A.No. 314 are as follows : The respondent was a permanent Kanungo who was promoted to officiate as Naib Tehsildar under paragraph 37(ii) of the Standing Order No. 12, passed by the second appellant. He was reverted from the officiating post...

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Mahabir Mandal & Ors Vs. State of Bihar [1972] INSC 66 (7 March 1972)

Judgement Date : 07 Mar 1972

Citation : 1972 Latest Caselaw 66 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

The first appellant and another were convicted under s. 302 read with ss. 34, 120B and 201 of the Penal code and two other accused who were tried along with them were convicted under ss. 120B and 201.On the materials on record, the trial Court and the High Court found that the first appellant was re...

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Sone Valley Portland Cement Co. Vs. The Workmen [1972] INSC 67 (8 March 1972)

Judgement Date : 08 Mar 1972

Citation : 1972 Latest Caselaw 67 SC

Headnote :

Under the Cement Control Order, 1961 passed by the Government of India in exercise of powers under s. 18(g) of the Industries (Development and Regulation) Act of 1951, producers of cement were obliged to sell all the cement produced by them to the State Trading Corporation ,at the prices laid down i...

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C. Buchivenkata Rao Vs. Union of India & Ors [1972] INSC 68 (8 March 1972)

Judgement Date : 08 Mar 1972

Citation : 1972 Latest Caselaw 68 SC

Dhani Devi Vs. Sant Bihari & Ors [1968] INSC 253 (18 October 1968)

Headnote :

The application of one B for a mining lease was rejected on the ground that another applicant V had a prior claim. B's writ application was dismissed by the High Court and while his appeal in this Court was pending he died and his sons were allowed to be impleaded as legal representatives subjec...

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Chhotobhai Jethabhai Patel & Co. Vs. The Industrial Court, Maharashtra Nagpur Bench, Nagpur [1972] INSC 69 (9 March 1972)

Judgement Date : 09 Mar 1972

Citation : 1972 Latest Caselaw 69 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946

Headnote :

Against the order of the appellant company dismissing him, an employer filed an application before the Labour Court under section 78 of the Bombay Industrial Relations Act, 1946. The Labour Court set aside the order. The Industrial Court and the High Court confirmed the order of the Labour Court rej...

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Turner Morrison and Co., Ltd. Vs. Hungerford Investment Trust Ltd. [1972] INSC 70 (9 March 1972)

Judgement Date : 09 Mar 1972

Citation : 1972 Latest Caselaw 70 SC

Limitation Act, 1963

Headnote :

The rule of estopple has gained new dimensions in recent years and a new class of estoppel, viz., promissory estoppel has come to be recognised by Courts. Where parties enter into an agreement which is intended to create local relations between them and in pursuance of such arrangement on a party ma...

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Hungerford Investment Trust Limited Vs. Haridas Mundhra & Ors [1972] INSC 71 (9 March 1972)

Judgement Date : 09 Mar 1972

Citation : 1972 Latest Caselaw 71 SC

General Clauses Act, 1897
Specific Relief Act, 1963

Headnote :

The appellant was the owner of 100% shares in Company 'A' By an agreement dated October 30, 1956, between the appellant and the respondent, the respondent purchased 49% of the shares with an option to purchase the balance of 51 % shares. The respondent exercised his option but as the shares...

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Dunlop India Limited Vs. Their Workmen [1972] INSC 72 (10 March 1972)

Judgement Date : 10 Mar 1972

Citation : 1972 Latest Caselaw 72 SC

Guest, Keen, Williams Private Ltd. Vs. P. J. Sterling & Ors [1959] INSC 87 (15 may 1959)
The Dunlop Rubber Co. (India) Ltd. Vs. Workmen & Ors [1959] INSC 123 (16 October 1959)

Headnote :

In 1955 the appellant Company framed and brought into force Standing Orders under which a staff employee was to retire at the age of 55. The Company in 1956, entered into an agreement with its workmen, represented by the union, of which all the workmen of the company were members. The agreement, amo...

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United Provinces Electric Supply Co. Ltd. Allahabad Vs. T. N. Chatterjee [1972] INSC 73 (13 March 1972)

Judgement Date : 13 Mar 1972

Citation : 1972 Latest Caselaw 73 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

Headnote :

In accordance with the provisions of the Industrial Employment (standing Orders) Act, 1946, and the U.P. Industrial Employment (Standing Orders) Rules, 1946, the appellant substituted draft standing defining the conditions of employment of its employees and they were certified bythe Certifying Of...

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Shiv Govind Vs. The State of Madhya Pradesh [1972] INSC 74 (14 March 1972)

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 74 SC

Indian Penal Code, 1860 (IPC)
Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.

Headnote :

A question of sentence is a matter of discretion. It is well settled that when discretion has been properly exercised along accepted judicial lines. an appellate Court should not interfere to the detriment of an accused person. Such interference will be justified only by strong reasons Which must be...

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Seshammal & Ors Vs. State of Tamil Nadu [1972] INSC 75 (14 March 1972)

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 75 SC

Constitution of India
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Headnote :

Section 55 of the Tamil Nadu Hindu Religious. and Charitable Endowments Act, 1959, gave the trustee of a temple the power to appoint the officer holders or servants of the temple and also provided that where the office or service is hereditary, the person next in the line of succession shall be enti...

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Ballarpur Collieries Co. Vs. The Presiding Officer, C.G.I.T. Dhanbad & ANR [1972] INSC 76 (14 March 1972)

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 76 SC

Industrial Disputes Act, 1947

Headnote :

In 1956 the "Majumdar Award" was published and to this Award the appellant was also a party. In January/February, 1960 the workers of the appellant Colliery had gone on strike. The efforts of the management failed to persuade the workers to resume duty. On the intervention of the Regional...

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Ishwar Chandra Vs. Satyanarain Sinha & Ors [1972] INSC 77 (14 March 1972)

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 77 SC

Headnote :

From a panel of names recommended by a Selection Committee constituted under s. 13(2) of the University of Saugar Act, 1946 the then Chancellor of the University appointed the appellant as Vice-Chancellor. Under Ordinance No. 1 of 1970 the Governor of Madhya Pradesh became, the Chancellor of the Uni...

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State of Orissa & Ors Vs. Harinarayan Jaiswal & Ors [1972] INSC 78 (14 March 1972)

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 78 SC

Bihar and Orissa Excise Act, 1915
Orissa Excise Rules, 1965

Headnote :

The first respondent was carrying on business of selling country liquor. In exercise of the powers conferred by s. 29(2) of the Bihar and Orissa Excise Act, 1915, the appellant issued an Order and in pursuance of that Order a date was notified for selling by public auction the exclusive privilege. o...

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Atic Industries Ltd. Vs. Its Workmen [1972] INSC 79 (14 March 1972)

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 79 SC

Industrial Disputes Act, 1947

Headnote :

The appellant companies carried on the business of manufacturing chemical in a vilage. There were disputes between the companies and their workmen. regarding dearness allowance, transport allowance and other demands. In regard to transport allowance the Tribunal in its award directed the employers t...

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Raj Narain Vs. Smt. Indira Nehru Gandhi & ANR [1972] INSC 80 (15 March 1972)

Judgement Date : 15 Mar 1972

Citation : 1972 Latest Caselaw 80 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Shri Balwan Singh Vs. Shri Lakshmi Narain & Ors [1960] INSC 29 (23 February 1960)

Headnote :

While a corrupt practice has got to be strictly proved it does not follow that a pleading in an election petition should receive a strict construction. The object of section 86(5) of the Representation of the People Act, 1951, is to see that a person accused of a corrupt practice must know precisely...

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Gangadhar Narsingras Agarwal Vs. P. S. Thrivikraman & ANR [1972] INSC 81 (16 March 1972)

Judgement Date : 16 Mar 1972

Citation : 1972 Latest Caselaw 81 SC

Customs Act, 1962

Headnote :

The appellant on 26th July 1966 filed, shipping bill in triplicate before the Joint Chief Controller of Imports and Exports for the porpose of obtaining export licences in respect of 10,160. metric tonnes of iron ore. On 28 July 1966 export licence was granted to the appellant. On 30 July 1966 the a...

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Railway Board, Govt. of India Vs. M/S Observer Publications (P) Ltd. [1972] INSC 82 (16 March 1972)

Judgement Date : 16 Mar 1972

Citation : 1972 Latest Caselaw 82 SC

Constitution of India

Headnote :

The sale of the Indian Observer, a news weekly, at railway platforms was banned by an order of the appellant board in March 1965. The respondent who was owner and publisher of the Indian Observer filed a writ petition in the High Court alleging that the ban had been imposed because the new weekly ha...

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Chhajulal Vs. The State of Rajasthan [1972] INSC 83 (17 March 1972)

Judgement Date : 17 Mar 1972

Citation : 1972 Latest Caselaw 83 SC

CrPC Section 309. Power to postpone or adjourn proceedings
CrPC Section 32. Mode of conferring powers
CrPC Section 33. Powers of officers appointed
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 406. Punishment for criminal breach of trust
IPC Section 65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

Headnote :

The appellant was convicted by a first class Magistrate under s. 406, I.P.C., and was sentenced to two years regorous imprisonment, a fine of Rs. 2000/- and, in default to one year's further rigorous imprisonment. On the question of the period of imprisonment that could be imposed in default...

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Bachan Singh & ANR Vs. Union of India & Ors [1972] INSC 84 (17 March 1972)

Judgement Date : 17 Mar 1972

Citation : 1972 Latest Caselaw 84 SC

Headnote :

The two appellants were promoted in the years 1958 and 1959 respectively to the Military Engineer Service Class 1. Some of the respondents were appointed to the said class I Service after they had appeared at the competitive examination while the rest were appointed by direct recruitment after havin...

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State of Jammu and Kas Vs. M. S. Farooqi & Ors [1972] INSC 85 (17 March 1972)

Judgement Date : 17 Mar 1972

Citation : 1972 Latest Caselaw 85 SC

All India Services Act, 1951
Bombay Prohibition Act, 1949
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Indian Evidence Act, 1872
Punjab Restitution of Mortgaged Lands Act, 1938
Punjab Restitution of Mortgaged Lands Act, 1938

Headnote :

The respondent, a member of the Indian Police Service, was borne oil the Jammu and Kashmir Cadre. The Commission set up under the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act 1962, directed investigation into a complaint received by the Commission against the respo...

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Bijli Cotton Mills (P) Ltd. Vs. The Presiding Officer, Industrial Tribunal Ii & Ors [1972] INSC 86 (20 March 1972)

Judgement Date : 20 Mar 1972

Citation : 1972 Latest Caselaw 86 SC

U.P. Industrial Disputes Rules, 1957

Headnote :

An industrial dispute arose between the appellant and its workmen as to 'whether the employers were required to pay wages for the festival holidays allowed to their workmen in a year. The appellant contested the workmen's claim mainly on the grounds that neither in law nor in practice was th...

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Firms Amar Nath Basheshar Dass Vs. Tek Chand [1972] INSC 87 (21 March 1972)

Judgement Date : 21 Mar 1972

Citation : 1972 Latest Caselaw 87 SC

Headnote :

Under the Punjab Rent Restriction Act, 1949 a landlord can evict a tenant only on the grounds and according to the procedure provided in section 13 of the Act. Section 3 of the Act provides for exemption to be granted by Government from the operation of section 13. By notification dated July 30, 196...

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Prabhawati Vs. Dr. Pritam Kaur [1972] INSC 88 (22 March 1972)

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 88 SC

Bhagwan Das Vs. Paras Nath [1968] INSC 232 (27 September 1968)

Headnote :

The appellant, a tenant, was sought to be evicted by Respondent, She applied to the District Magistrate, who was also the Rent Controller under s. 3 of the U.P. (Temporary) Control of Rent and Eviction Act 1947, for permission to sue the appellant for her eviction and the permission was granted. As...

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Garib Singh & Ors Vs. State of Punjab [1972] INSC 89 (22 March 1972)

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 89 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 307. Attempt to murder
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Five persons including three appellants were jointly charged and tried for rioting and offence committed in the course of it. The Sessions Judge acquitted all the accused because he found the prosecution story to be artificial. He also took into account the delay in lodging the first information rep...

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D. N. Bhattacharjee & Ors Vs. State of West Bengal & ANR [1972] INSC 90 (22 March 1972)

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 90 SC

CrPC Section 203. Dismissal of complaint
Indian Penal Code, 1860 (IPC)

Headnote :

An order of dismissal of complaint under s. 203 Cr. P.C., has to be made on judicially sound grounds. It can only be made where the reasons given disclose that the proceedings cannot terminate successfully in a conviction. A Magistrate is not debarred,. at this stage, from going into the merits of t...

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Virendra Kumar Saklecha Vs. Jagjiwan & Ors [1972] INSC 91 (22 March 1972)

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 91 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 107. Security for keeping the peace in other cases
Representation of the People Act, 1951

Headnote :

The appellant and the three respondents were candidates for election to the Madhya Pradesh Assembly at the general election held in 1967. The appellant was successful at he election, Respondent no. 1 chatlenged his election in an election petition charging him with corrupt practices. It was alleged...

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Pabitar Singh Vs. State of Bihar [1972] INSC 92 (22 March 1972)

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 92 SC

Arms Act, 1959

Headnote :

The appellant and another, Loco employees of the Railway, were in joint occupation of certain quarters consisting of a bed.-room and a kitchen. 'They were charged with offences under ss. 25 and 26 of ',he Indian Arms Act, 1959. The trial court convicted both the accused. The first appellate...

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Bombay Gas Co. Ltd. Vs. Jagan Nath Pandurang & Ors [1972] INSC 93 (22 March 1972)

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 93 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

In order to attract article 133(1)(b) the essential requirement is that there must be involved in the appeal to this Court a claim or question respecting property of the value of not less than Rs. 20,000/in addition to or other than the subject matter of the dispute; if there is no question or claim...

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Municipal Corporation of The City of Ahmedabad & Ors Vs. State of Gujarat & Ors [1972] INSC 94 (27 March 1972)

Judgement Date : 27 Mar 1972

Citation : 1972 Latest Caselaw 94 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935

State of Gujarat Vs. Shri Shantilal Mangaldas & Ors [1969] INSC 8 (13 January 1969)

Headnote :

Section 210 of the Bombay Provincial Municipal Corporation Act, 1949 authorises the Municipal Commissioner to prescribe the "regular line of a public street". If a building or a part of building is within the regular line of a public street the Commissioner may under s. 212 require the own...

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Rabali Singh & Ors Vs. Shayamlal & Ors [1972] INSC 95 (29 March 1972)

Judgement Date : 29 Mar 1972

Citation : 1972 Latest Caselaw 95 SC

Headnote :

According to Rule 13 framed under Madhya Pradesh Municipalities Act, 1961, a candidate for election to the Municipal Council shall deliver to the supervising officer a nomination paper completed in Form IV and the relevant column in Form IV required the candidate to mention the "name and number...

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Sabharwal Brothers & ANR Vs. Smt. Guna Amrit Thandani of Bombay [1972] INSC 96 (29 March 1972)

Judgement Date : 29 Mar 1972

Citation : 1972 Latest Caselaw 96 SC

Headnote :

The respondent was the owner of the flat on the second floor of a Building in Bombay. She was a member of a Co-operative Housing Society and had acquired the flat from that society. In 1959 she had put the appellant in possession of the flat for a period of 11 months on payment of Rs. 5101per mon...

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National Buildings Construction Corporation Vs. Pritam Singh Gill & Ors [1972] INSC 97 (29 March 1972)

Judgement Date : 29 Mar 1972

Citation : 1972 Latest Caselaw 97 SC

Air Force Act, 1950
Army Act, 1950
Code of Civil Procedure, 1908 (CPC)
Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

The respondent, an employee of the appellant was suspended and 'the suspension remained in force till the date of his dismissal. He applied to the Labour Court under s. 33C(2) of the Industrial Disputes Act, 1947, for computation of the benefits and amounts he was entitled to receive during the...

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The Indian Aluminium Co. Ltd Vs. C.I.T., West Bengal, Calcutta [1972] INSC 98 (29 March 1972)

Judgement Date : 29 Mar 1972

Citation : 1972 Latest Caselaw 98 SC

Headnote :

The assessee, a trading company, paid wealth tax and sought to, deduct it as a business expense under s. 10(1) and s. 10(2) (xv) of the Income Tax Act, 1922, in computing its assessable incomes from business for the purpose of the Income Tax Act. The High Court held against the assessee following...

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