Caselaw | Supreme Court Judgements of october 1972

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The Director of Industries & Commerce. Government of A. P., Vs. V. Venkata Reddy & Ors [1972] INSC 240 (3 October 1972)

Judgement Date : 03 Oct 1972

Citation : 1972 Latest Caselaw 240 SC

Constitution of India
Indian Independence Act, 1947

Headnote :

The Mulki Rules promulgated by the Nizam of Hyderabad before The merger of that State with India laid down certain Qualifications as to residence in the State for the, purpose of appointment to the State services. After the States Reorganisation Act 1956 the Telangana area of Hyderabad State and the...

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Jagmohan Singh Vs. The State of U. P [1972] INSC 241 (3 October 1972)

Judgement Date : 03 Oct 1972

Citation : 1972 Latest Caselaw 241 SC

CrPC Section 374. Appeals from convictions
CrPC Section 402. Power of High Court to withdraw or transfer revision cases
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The sentence of death for an offence under S. 302 of the Indian Penal Code imposed on the appellant by the Sessions Judge and confirmed by he High Court was challenged in appeal by special leave in this Court on the following grounds : (i) that the death sentence puts an end to all fundamental right...

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T. S. Krishna Vs. C. I. T. Madras [1972] INSC 242 (3 October 1972)

Judgement Date : 03 Oct 1972

Citation : 1972 Latest Caselaw 242 SC

Income Tax Act, 1961

Headnote :

During the accounting period 1962-63, the assessee paid Wealth Tax of Rs. 21,963/in respect of the shares held by him and deducted this amount from his dividend income and interest as an expenditure allowable under S. 57(iii) of the Income Tax Act, 1961. The I.T.O. rejected the claim on the ground t...

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British India Corporation Vs. Commissioner of Income-Tax, U.P., Lucknow [1972] INSC 243 (3 October 1972)

Judgement Date : 03 Oct 1972

Citation : 1972 Latest Caselaw 243 SC

Headnote :

Rule 12 (1) of Schedule I to the Excess Profits Tax Act, 1940, is designed to prevent the dissipation of excess profits by inflating expenditure which has no relation to the requirements of the business. The test is whether the expenditure is unreasonable and unnecessary having regard to the require...

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Commissioner of Income-Tax, Madras Vs. M/S. Ashok Leyland Ltd. [1972] INSC 244 (3 October 1972)

Judgement Date : 03 Oct 1972

Citation : 1972 Latest Caselaw 244 SC

Headnote :

The assessee-company (respondent) was initially doing the business of assembly and sale of Austin cars and Leyland trucks. It appointed Managing Agents under certain terms regarding office allowance and commission. In 1954, the respondent ceased to assemble Austin cars, in view of the decision of th...

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Hira Lal Rattan Lal Vs. State of U.P. & ANR [1972] INSC 245 (3 October 1972)

Judgement Date : 03 Oct 1972

Citation : 1972 Latest Caselaw 245 SC

State of Rajasthan Vs. Leela Jain [1964] INSC 195 (16 September 1964)

Headnote :

Under the U.P. Sales Tax Act 1948 as it originally stood the purchases of split or processed foodgrains and dal by dealers were sought to be brought to tax under s. 3-D of the principal Act read with the notification issued. in a writ petition relating to the assessment year 1966-67 (Tilok Chand Pra...

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State of Mysore Vs. M. N. Krishna Murthy & Ors [1972] INSC 246 (5 October 1972)

Judgement Date : 05 Oct 1972

Citation : 1972 Latest Caselaw 246 SC

Constitution of India

Headnote :

The two respondents, who were petitioners before the High Court had joined the Accounts Service in the Controller's Office of the former Mysore State as first and second division clerks. Consequent upon the abolition of the Controller's Office, the petitioner began working as Divisional Acco...

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Hari Chand Madan Gopal & Ors Vs. State of Punjab [1972] INSC 247 (6 October 1972)

Judgement Date : 06 Oct 1972

Citation : 1972 Latest Caselaw 247 SC

Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

Sometime in 1944 an agreement was entered into between the appellant and the then Province of Punjab, whereby the appellant agreed to act as a Clearing Agent (Foodgrains) for the sale and purchase of food-grains on behalf of the Province on payment of a commission. The appellant obtained stock of ri...

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Jai Singh Morarji & Ors Vs. M/S Sovani Pvt. Ltd. & Ors [1972] INSC 248 (9 October 1972)

Judgement Date : 09 Oct 1972

Citation : 1972 Latest Caselaw 248 SC

Code of Civil Procedure, 1908 (CPC)
Section 105. TPA, Lease defined.
Section 108. TPA, Rights and liabilities of lessor and lessee.

Headnote :

The owner let out the premises to one Occhhavlal in 1952. Occhhavlal sub-let the premises to one Sovani. About 1952, Sovani assigned his business with the possession of the suit premises to a private Company of which he became the Director. Rent was paid to the landlord upto 1966 by Occhhavlal. T...

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Shadi Lal Vs. Nagin Chand & Ors [1972] INSC 249 (9 October 1972)

Judgement Date : 09 Oct 1972

Citation : 1972 Latest Caselaw 249 SC

Headnote :

Under cl. 6 of the Woollen Yarn (Production and Distribution) Control Order, 1960, the Textile Commissioner, with a view to secure proper distribution of woollen yarn, issues directions to a manufacturer of or dealer in yarn to sell woollen yam to manufacturers of hosiery to whom quotas are allotted...

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State of Tamil Nadu Vs. M/S Burmah Shell Oil Storage & Distributing Co. of India Ltd. [1972] INSC 250 (10 October 1972)

Judgement Date : 10 Oct 1972

Citation : 1972 Latest Caselaw 250 SC

Headnote :

The respondents in these two appeals are Oil Companies and in C.A. No. 2119/69, the respondent under the Factories Act had to supply tea and edibles to its workmen for the Canteen established by it. It also supplied to its agents calendars, purses and key chains. Both the respondents also sell perio...

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The Commissioner of Sales Tax, U.P. Vs. M/S. Bhagwan Industries (P) Ltd. Lucknow [1972] INSC 251 (10 October 1972)

Judgement Date : 10 Oct 1972

Citation : 1972 Latest Caselaw 251 SC

Headnote :

For the assessment year 1957-58, the assessee (respondent) was assessed to sales tax, under the U.P. Sales Tax Act and Rules, on a turnover which included the turnover of a flour mill of the assessee. The assessment was made ex-Parte. On account of food shortage the Government had fixed a quota for...

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M/S. Chowringhee Sales Bureau (P) Ltd. Vs. C.I.T., West Bengal [1972] INSC 252 (10 October 1972)

Judgement Date : 10 Oct 1972

Citation : 1972 Latest Caselaw 252 SC

Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

The appellant assessee is a private limited Company dealing in furniture and also acts as an auctioneer. In respect of the sales effected by the appellant as auctioneer, it realised, during the year in question, in addition to the commission, Rs. 32,986/as sales tax. This amount was credited separat...

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Madan Gopal Agarwal Vs. District Magistrate, Allahabad & Ors [1972] INSC 253 (10 October 1972)

Judgement Date : 10 Oct 1972

Citation : 1972 Latest Caselaw 253 SC

Bombay Land Requisition Act, 1948
Bombay Land Requisition Act, 1948
Code of Civil Procedure, 1908 (CPC)

Province of Bombay Vs. Kusaldas S. Advani & Ors [1950] INSC 22 (15 September 1950)

Headnote :

The appellant's house in Allahabad was let out to the State Government for a period of five years. Soon after the expiry of the period of lease in September 1969 the District Magistrate passed an order under s.3 of the U.P. (Temporary) Accommodation Requisition Act 1947 requisitioning the house...

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K. V. A. L. M. Ramanathan Chettiar By L.Rs. Vs. Commissioner of Income-Tax, Madras [1972] INSC 254 (11 October 1972)

Judgement Date : 11 Oct 1972

Citation : 1972 Latest Caselaw 254 SC

Headnote :

The assessee was carrying on business in Malaya and was owning rubber plantations. He was also carrying on business in 'India. In respect of the assessment year 1953-54 he declared his foreign income from Malaya at Rs. 2,22,532, income in India at Rs. 39,142 from sources other than business and...

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Abdul Aziz Vs. The Distt. Magistrate Burdwan & Ors [1972] INSC 255 (11 October 1972)

Judgement Date : 11 Oct 1972

Citation : 1972 Latest Caselaw 255 SC

Constitution of India

Headnote :

The petitioner was detained under the Maintenance of Internal Serenity Act, 1971 by an order of the District Magistrate Burdwan, West 'Bengal. He challenged the order of detention in a writ petition under Art. 32 of the Constitution. The contentions urged in support of the petition were : (i) th...

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Madan Lal Vs. Bhai Anand Singh & Ors [1972] INSC 256 (12 October 1972)

Judgement Date : 12 Oct 1972

Citation : 1972 Latest Caselaw 256 SC

Section 108. TPA, Rights and liabilities of lessor and lessee.

Headnote :

The respondents,landlord lessors, had executed a lease on 9-11-1949. Under its terms, thelessors had given some land to the lessees for the building and rentingout of a cinema house for a period of twenty years. Clause 6 of the lease laid down that on the expiry of the tenancy the entire structure b...

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Rameshchandra J, Thakkar Vs. A. P. Jhaveri & ANR [1972] INSC 257 (13 October 1972)

Judgement Date : 13 Oct 1972

Citation : 1972 Latest Caselaw 257 SC

CrPC Section 345. Procedure in certain cases of contempt
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

The respondent filed a complaint against the appellant alleging that he had committed offences under s. 420 I.P.C., and s. 13 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, in that he had contravened ss. 3(2)(a) and 4 of...

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Amar Chand Inani Vs. Union of India [1972] INSC 258 (13 October 1972)

Judgement Date : 13 Oct 1972

Citation : 1972 Latest Caselaw 258 SC

Arjun Singh Vs. Mohindra Kumar & Ors [1963] INSC 251 (13 December 1963)

Headnote :

Art. 22, Indian Limitation Act, 1908, provides a period of one year for a suit for compensation for injury to the person from the date when the injury was sustained. In the present case, the injury was sustained by the Appellant on January 1, 1958, while travelling by train from Ambala Cantt.. to De...

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Narindrajit Singh & ANR Vs. State of U.P. & Ors [1972] INSC 259 (24 October 1972)

Judgement Date : 24 Oct 1972

Citation : 1972 Latest Caselaw 259 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A notification was issued under section 4 of the Land Acquisition Act on October 15, 1960 for acquisition of the land in dispute. The Collector did 'not. cause Public notice of the substance of the notification to be announced at convenient places in the locality where the land sought to be acqu...

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P. D. Jambekar Vs. State of Gujarat [1972] INSC 260 (25 October 1972)

Judgement Date : 25 Oct 1972

Citation : 1972 Latest Caselaw 260 SC

Factories Act, 1948

Headnote :

On February 27, 1968, a worker in the appellant's factory sustained an injury and a report of the accident was sent to the Inspector of Factories on February 28. The report indicated that the accident took place when the worker was cleaning a dangerous part of machinery and that, that part of th...

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Bhagwan Kaur Vs. Maharaj Krishan Sharma & Ors [1972] INSC 261 (25 October 1972)

Judgement Date : 25 Oct 1972

Citation : 1972 Latest Caselaw 261 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The first respondent and his mother were charged with the murder of his wife on the allegation that they had forcibly administered sulphuric acid poison to the deceased. Immediately after finding his wife in a serious condition the first respondent had sent for a doctor who had advised him to tak...

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Union of India Vs. Shri Ram Mehar & ANR [1972] INSC 262 (26 October 1972)

Judgement Date : 26 Oct 1972

Citation : 1972 Latest Caselaw 262 SC

Headnote :

Section 4(3) of the Land Acquisition (Amendment and Validation) Act, 1967 provides that where acquisition of any particular land has been made under the Land Acquisition Act 1894, a simple interest at the rate of six per cent per annum on the market value of such land as determined under S. 23 of th...

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Union of India Vs. K. P. Joseph & Ors [1972] INSC 263 (27 October 1972)

Judgement Date : 27 Oct 1972

Citation : 1972 Latest Caselaw 263 SC

Headnote :

The appellant was discharged from the post of combatant Clerk in the Indian Army on 9th June, 1953 and was reemployed shortly thereafter. His pay was re-fixed in the scale applicable. On 15th July 1960 the Government of India issued a general Order relating to re-employed ex-military personnel. Unde...

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Commissioner of Income-Tax, Kerala, Ernakulam Vs. Travancore Sugar & Chemicals Ltd. [1972] INSC 264 (27 October 1972)

Judgement Date : 27 Oct 1972

Citation : 1972 Latest Caselaw 264 SC

Headnote :

The appellant Company was floated with a view to take over the assets of the three Government concerns, namely, Sugar Factory, a distillery and tincture factory and to run them. Clause 3 of the agreement provided that the cash consideration for the sale of assets shall be Rs. 3.25 lakhs. Clause 4...

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State of Haryana Vs. Raja Ram [1972] INSC 265 (27 October 1972)

Judgement Date : 27 Oct 1972

Citation : 1972 Latest Caselaw 265 SC

Indian Penal Code, 1860 (IPC)
IPC Section 361. Kidnapping from lawful guardianship

Headnote :

One J, the co accused in the case, had tried to become intimate with the prosecutrix, a girl of fourteen, and to seduce her to go and live with him. When her father forbade J to visit his house, J started sending messages to the prosecutrix through the respondent. On the day of the occurrence, the r...

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Bennett Coleman & Co. & Ors Vs. Union of India & Ors [1972] INSC 266 (30 October 1972)

Judgement Date : 30 Oct 1972

Citation : 1972 Latest Caselaw 266 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Newspaper (Price and Page) Act, 1956

Headnote :

The Import Control Order 1955 passed by the Central Government under ss. 3 and 4A of the Imports and Exports Control Act 1947 laid restrictions on the import of newsprint. As an essential commodity newsprint was also subject to control under s.3 of the Essential Commodities Act 1955. The Newsprint C...

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Manu Bhusan Roy Pradhan Vs. State of West Bengal [1972] INSC 267 (31 October 1972)

Judgement Date : 31 Oct 1972

Citation : 1972 Latest Caselaw 267 SC

Constitution of India

Headnote :

The petitioner was arrested and detained under s.9 read with section 3(2) of the Maintenance of Internal Security Act of 1971 on the grounds :-(1) that on 16-4-71 at about 8 p.m. the petitioner, a member of the action squad of C.P.1, (ML), along with others, committed a murderous assault on one S...

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Raj Narain Pandey & Ors Vs. Sant Prasad Tewari & Ors [1972] INSC 268 (31 October 1972)

Judgement Date : 31 Oct 1972

Citation : 1972 Latest Caselaw 268 SC

Headnote :

(1) That the usufructuary mortgage of an occupancy holding by a tenant is void and not voidable; (2) that a mortgagor after giving possession to the mortgagee cannot recover possession of the-holding without paying the money which he had taken from the mortgagee; (3) that a mortgagee of an occupancy...

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