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 circumstances surrounding the appeals are comparable, and the details of C.A. No. 314 are as follows:The respondent served as a permanent Kanungo and was promoted to act as Naib Tehsildar under paragraph 37(ii) of Standing Order No. 12, issued by the second appellant. He was subsequently reverte...

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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 :

According to the Cement Control Order of 1961, enacted by the Government of India under the authority of section 18(g) of the Industries (Development and Regulation) Act of 1951, cement manufacturers were required to sell all their produced cement to the State Trading Corporation at the prices speci...

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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 from B for a mining lease was denied on the basis that another applicant, V, had a prior claim. The High Court dismissed B\'s writ application, and while his appeal was still pending, he passed away. His sons were permitted to be added as legal representatives, subject to any objecti...

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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 :

An employer filed an application with the Labour Court under section 78 of the Bombay Industrial Relations Act, 1946 challenging the dismissal order issued by the appellant company. The Labour Court overturned the dismissal. This decision was upheld by both the Industrial Court and the High Court, w...

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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 doctrine of estoppel has evolved significantly in recent years, leading to the recognition of a new category known as promissory estoppel by the Courts. When parties enter into an agreement aimed at establishing local relations, and one party makes a promise to the other, knowing that the promis...

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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 owned 100% of the shares in Company \'A\'. On October 30, 1956, the appellant and the respondent entered into an agreement where the respondent acquired 49% of the shares, with an option to buy the remaining 51%. The respondent exercised this option, but when the shares were not transf...

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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 established and implemented Standing Orders stipulating that staff employees were to retire at the age of 55. In 1956, the Company entered into an agreement with its workers, represented by their union, which all employees were part of, setting the retirement age at 55...

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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 :

According to the provisions of the Industrial Employment (Standing Orders) Act of 1946 and the U.P. Industrial Employment (Standing Orders) Rules of 1946, the appellant introduced a draft of standing orders that outlined the employment conditions for its employees, which were certified by the Certif...

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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 :

The determination of a sentence is a matter of discretion. It is well established that when discretion is exercised appropriately within accepted judicial standards, an appellate court should refrain from intervening to the disadvantage of the accused. Such intervention is only warranted in the pres...

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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, granted temple trustees the authority to appoint the officers or servants of the temple. It also stipulated that in cases of hereditary positions, the next person in line of succession would be entitled to take over. T...

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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 established, and the appellant was involved in this Award. In January/February 1960, the workers of the appellant\'s Colliery went on strike. Management\'s attempts to convince the workers to return to work were unsuccessful. However, with the intervention of the...

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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 :

The then Chancellor of the University appointed the appellant as Vice-Chancellor from a list of names provided by a Selection Committee established under section 13(2) of the University of Saugar Act, 1946. Following this, the Governor of Madhya Pradesh became the Chancellor of the University as per...

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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 engaged in the business of selling country liquor. Utilizing the authority granted by section 29(2) of the Bihar and Orissa Excise Act, 1915, the appellant issued an Order, which included a notification for a public auction to sell the exclusive retail rights for country liq...

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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 were engaged in the manufacturing of chemicals in a village. There were conflicts between the companies and their employees concerning dearness allowance, transport allowance, and other demands. Regarding the transport allowance, the Tribunal ruled in its award that employers...

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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 :

Although a corrupt practice must be proven with strict evidence, it does not mean that the allegations in an election petition require a strict interpretation. The purpose of section 86(5) of the Representation of the People Act, 1951 is to ensure that an individual accused of a corrupt practice is...

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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 :

On July 26, 1966, the appellant submitted a shipping bill in triplicate to the Joint Chief Controller of Imports and Exports to obtain export licenses for 10,160 metric tonnes of iron ore. The export license was granted on July 28, 1966. On July 30, 1966, the vessel\'s agents applied to the Assistan...

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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 :

In March 1965, the appellant board issued an order prohibiting the sale of the Indian Observer, a news weekly, at railway platforms. The respondent, who owned and published the Indian Observer, filed a writ petition in the High Court, claiming that the ban was enacted due to the publication\'s criti...

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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 found guilty by a first class Magistrate under section 406 of the Indian Penal Code (I.P.C.) and received a sentence of two years of rigorous imprisonment, along with a fine of Rs. 2000/-. If the fine is not paid, an additional one year of rigorous imprisonment will be imposed.Rega...

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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 to Class 1 of the Military Engineer Service in 1958 and 1959, respectively. Some of the respondents were appointed to this Class 1 Service after taking a competitive examination, while others were directly recruited following interviews conducted by the Union Public...

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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, who is part of the Indian Police Service, belongs to the Jammu and Kashmir Cadre. The Commission established under the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act of 1962 initiated an investigation following a complaint against the respondent. The...

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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 emerged between the appellant and its workers regarding the obligation of employers to pay wages for festival holidays granted to their employees throughout the year. The appellant challenged the workers\' claim primarily on the basis that there was no legal or practical provis...

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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 :

According to the Punjab Rent Restriction Act of 1949, a landlord can only evict a tenant based on the grounds and procedures outlined in section 13 of the Act. Section 3 allows the Government to grant exemptions from the provisions of section 13. On July 30, 1965, the Government of Punjab issued a n...

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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, faced eviction initiated by the Respondent. The Respondent applied to the District Magistrate, who also served as the Rent Controller under section 3 of the U.P. (Temporary) Control of Rent and Eviction Act 1947, seeking permission to sue the appellant for eviction, which wa...

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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 individuals, including three appellants, were jointly charged and tried for rioting and related offenses. The Sessions Judge acquitted all defendants, deeming the prosecution\'s narrative to be contrived. He also noted the delay in filing the first information report and the absence of bloodsta...

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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 :

A dismissal of a complaint under Section 203 of the Criminal Procedure Code must be based on sound judicial reasoning. Such a dismissal is appropriate only when the reasons provided indicate that the proceedings cannot lead to a successful conviction. At this stage, a Magistrate is not prohibited fr...

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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 three respondents were candidates in the 1967 general election for the Madhya Pradesh Assembly. The appellant won the election, but Respondent No. 1 contested his victory through an election petition, accusing him of engaging in corrupt practices. The petitioner claimed that the ap...

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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 individual, both employees of Loco at the Railway, shared living quarters that included a bedroom and a kitchen. They faced charges under sections 25 and 26 of the Indian Arms Act, 1959. The trial court found both defendants guilty. The first appellate court upheld the conv...

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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 :

To invoke article 133(1)(b), it is essential that the appeal to this Court involves a claim or question regarding property valued at no less than Rs. 20,000, in addition to or separate from the main subject of the dispute. If there is no claim or question concerning property outside the main subject...

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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 empowers the Municipal Commissioner to define the \"regular line of a public street.\" If a building or any part of it encroaches upon this regular line, the Commissioner may, under section 212, order the owner to demolish the encr...

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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 established under the Madhya Pradesh Municipalities Act of 1961, a candidate seeking election to the Municipal Council must submit a nomination paper in Form IV to the supervising officer, which requires the candidate to specify the \"name and number of the Ward\". Additionally,...

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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 owned a flat on the second floor of a building in Bombay and was a member of a Co-operative Housing Society from which she acquired the flat.In 1959, she granted the appellant possession of the flat for 11 months at a monthly rent of Rs. 510. The written agreement specified that the p...

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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, who was an employee of the appellant, faced suspension, which remained effective until he was dismissed. He filed a petition with the Labour Court under section 33C(2) of the Industrial Disputes Act, 1947, seeking a calculation of the benefits and payments owed to him during his susp...

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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 attempted to deduct it as a business expense under sections 10(1) and 10(2)(xv) of the Income Tax Act, 1922, while calculating its assessable business income for tax purposes. The High Court ruled against the assessee, referencing the earlier deci...

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