Caselaw | Supreme Court Judgements of september 1972

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Apren Joseph Alias Current Kunjukunju & Ors Vs. The State of Kerala [1972] INSC 202 (1 September 1972)

Judgement Date : 01 Sep 1972

Citation : 1972 Latest Caselaw 202 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 143. Punishment
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means

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

Headnote :

In Cr. A. No. 263 of 1971, accused Nos. 6 to 10 were acquitted by the trial Court but the High Court reversed the order of acquittal and convicted them under S. 302/149 and 148 of I.P.C. In Cr. A. No. 300 of 1971, accused Nos. 1 to 5 were convicted under S. 302/148 I.P.C. by both the Courts below....

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The State of Tamil Nadu Vs. Madurai South India Corporation (P) Ltd. [1972] INSC 203 (1 September 1972)

Judgement Date : 01 Sep 1972

Citation : 1972 Latest Caselaw 203 SC

Constitution of India

Headnote :

The respondent is a registered dealer with its head office at Madras and branches inside the State of Tamil Nadu and also in certain places in the States of Kerala and Andhra Pradesh. During the years 1960-61 to 1964-65 and 1966-67 it was dealing in various goods including cloth, yarn, etc. and was...

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G. Narasimhan & Ors Vs. T. V. Chokkappa [1972] INSC 204 (4 September 1972)

Judgement Date : 04 Sep 1972

Citation : 1972 Latest Caselaw 204 SC

CrPC Section 198. Prosecution for offences against marriage
Indian Penal Code, 1860 (IPC)
IPC Section 499. Defamation
IPC Section 500. Punishment for defamation
IPC Section 501. Printing or engraving matter known to be defamatory

Headnote :

The Dravida Kazhagam sponsored and organised a conference. But the conference was a separate body with its own organisation and office where correspondence relating to it was received and dealt with, and it had its own Secretaries. The conference passeda number of resolutions. The draft of one...

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M/S. Krishnamurthi & Co. Vs. State of Madras & ANR [1972] INSC 205 (5 September 1972)

Judgement Date : 05 Sep 1972

Citation : 1972 Latest Caselaw 205 SC

Constitution of India

Headnote :

Under Entry 47 of the First Schedule of the Madras General Sales Tax Act, 1959, the sale of 'lubricating oil and greases' was liable to sales tax at the point of first sale in the State at 6 per cent. With effect from April 1, 1964, Entry 47 was amended and instead of the words "lubrica...

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The Management of D.T.U. Vs. Shri B. B. L. Hajelay & ANR [1972] INSC 206 (6 September 1972)

Judgement Date : 06 Sep 1972

Citation : 1972 Latest Caselaw 206 SC

Delhi Municipal Corporation Act, 1957

Headnote :

By the Delhi Municipal Corporation Act, 1957 the Delhi Road Transport Authority Act, 1950, was repealed and the functions of the Authority were taken over by the Corporation. Every employee-. of the Authority stood transferred to and became an employee of the Corporation from January 1958. Under...

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Thakur Sanjeevan Rao Vs. Jaidrath & ANR [1972] INSC 207 (6 September 1972)

Judgement Date : 06 Sep 1972

Citation : 1972 Latest Caselaw 207 SC

Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
Transfer of Property Act, 1882

Headnote :

The respondents were tenants under the appellant who was the inamdar. On the allegations that they were in arrears of rent for three consecutive years 1957 to 1960, the appellant terminated their tenancy by giving them notice on June 18, 1960 and on August 4, 1960, filed an aspiration under ss. 2...

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Jagdish Chand Radhey Shyam Vs. The State of Punjab & Ors [1972] INSC 208 (6 September 1972)

Judgement Date : 06 Sep 1972

Citation : 1972 Latest Caselaw 208 SC

Capital of Punjab (Development and Regulation) Act, 1952
Constitution of India

Headnote :

The appellant purchased a site at a public auction for Rs. 94,000,. 25% of the price, i.e. Rs. 23,500/ was paid at the site and the balance was to be paid in three equal installments. The appellant paid a further sum of Rs. 21,992/ towards the first installment. Two installments of Rs. 25,615/ each...

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Nirmaljit Singh Hoon Vs. The State of West Bengal & ANR [1972] INSC 209 (6 September 1972)

Judgement Date : 06 Sep 1972

Citation : 1972 Latest Caselaw 209 SC

CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 202. Postponement of issue of process
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

Headnote :

H-company (in voluntary liquidation) was the owner of 51% of the ,shares in T-company and 707 shares out of them were in the possession ,of T-company. The 5th respondent owned the balance of 49% shares. In a suit filed by him against the H-company the High Court passed a decree directing H-company t...

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Mahabir Commercial Co. Ltd Vs. C.I.T. West Bengal, Calcutta [1972] INSC 210 (8 September 1972)

Judgement Date : 08 Sep 1972

Citation : 1972 Latest Caselaw 210 SC

Sale of Goods Act, 1930

Headnote :

In all transactions of sale of goods the time and place of appropriation are important elements for determining when the property in the goods passes. In the case of a sale of unascertained goods in a deliverable state, under s.23(2) of the Sale of Goods Act, 1930, if, in pursuance of the contract t...

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Lakshmi Sanyal Vs. Sachit Kumar Dhar [1972] INSC 211 (8 September 1972)

Judgement Date : 08 Sep 1972

Citation : 1972 Latest Caselaw 211 SC

Indian Christian Marriage Act, 1872

Headnote :

The appellant filed a suit for a declaration that her marriage with the respondent was null and void and for other reliefs. The parties professed the Roman Catholic faith. The marriage was solemnised by a Minister of the Roman Catholic Church who had received episcopal ordination and was competen...

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Rajkumar Devindra Singh & ANR Vs. State of Punjab & Ors [1972] INSC 212 (11 September 1972)

Judgement Date : 11 Sep 1972

Citation : 1972 Latest Caselaw 212 SC

Punjab Requisitioning and Acquisition of Immovable Property Act, 1953

Headnote :

The appellants, along with their brothers, were residing in an ancestral property. The eldest member of the family sold the property to the State Government as property belonging to him. After the sale, the State Government issued notice of eviction to the appellant under Section 4(1) of the Punjab...

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Prahladdas Khandelwal Vs. Narendra Kumar Salve [1972] INSC 213 (11 September 1972)

Judgement Date : 11 Sep 1972

Citation : 1972 Latest Caselaw 213 SC

Conduct of Elections Rules, 1961
Official Languages Act, 1963
Representation of the People Act, 1951

Headnote :

The appellant filed his nomination paper for election to the Lok Sabha but did not mention the Parliamentary Constituency from which he was contesting. The nomination form was in Hindi. Even though the Assistant Returning Officer drew his attention to the omission, the appellant did not cure the...

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C.I.T. (Central) Calcutta Vs. Daulat Ram Rawatmull [1972] INSC 214 (12 September 1972)

Judgement Date : 12 Sep 1972

Citation : 1972 Latest Caselaw 214 SC

Headnote :

The Tribunal based its decision that an amount of Rs. 5 Lacs in fixed deposit in the name of B represented the concealed income of respondent firm on following circumstances : (a) Explanation furnished by B with regard to the source of Rs. 5,00,000 in proceedings relating to his personal assessme...

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Laxmi & Co Vs. Dr. Anant R. Deshpande & ANR [1972] INSC 215 (12 September 1972)

Judgement Date : 12 Sep 1972

Citation : 1972 Latest Caselaw 215 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

Headnote :

"If any application, pending in the Small Cause Court immediately before the date of the commencement of the Presidency Small Cause Courts (Maharashtra Amendment) Act of 1963, or made to it on or after such date. the occupant appears at the time appointed within the meaning of the Bombay Rents,...

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Commissioner of Wealth Tax Vs. Mahadeo Jalan & Mahabir Prasad Jalan [1972] INSC 216 (13 September 1972)

Judgement Date : 13 Jul 1972

Citation : 1972 Latest Caselaw 216 SC

Wealth Tax Act, 1957

Headnote :

On the question as to what is the basis of valuation of shares in private limited companies for the purpose of section 7 of the Wealth-tax Act, 1957,

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Lachminarayan Madan Lal Vs. Commissioner of Income-Tax, West Bengal [1972] INSC 217 (13 September 1972)

Judgement Date : 13 Sep 1972

Citation : 1972 Latest Caselaw 217 SC

Income Tax Act, 1961

Headnote :

The assessee is a registered firm of three partners who are brothers, each having 1/3rd share and is engaged in the manufacture and sale of aluminum utensils. In the assessment year 1963-64, the see claimed to have paid Rs.31,684/to M/s. Eastern Sales Corporation as selling agency commission and cla...

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Gurcharan Singh Vs. State of Haryana [1972] INSC 218 (13 September 1972)

Judgement Date : 13 Sep 1972

Citation : 1972 Latest Caselaw 218 SC

IPC Section 376. Punishment for rape

Headnote :

A girl under 16 years was induced to go to a particular house from where she was threatened to go to the house of the appellant who 'forcibly took her to his fields, outside the village and committed rape on her. The appellant was convicted for offences, under ss. 366 and 376 I.P.C. The medical...

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Dr. Jiwan Lal & Ors Vs. Brij Mohan Mehra & ANR [1972] INSC 219 (14 September 1972)

Judgement Date : 14 Sep 1972

Citation : 1972 Latest Caselaw 219 SC

Headnote :

The appellant and respondents enterd into a contract under which, from the very inception, the respondents became liable to sell their immovable property and the appellants became liable to buy it. One of the terms of the contract provided that if the property was requisitioned by the Gov- ernment p...

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Himat Lal K. Shah Vs. Commissioner of Police, Ahmedabad & ANR [1972] INSC 220 (15 September 1972)

Judgement Date : 15 Sep 1972

Citation : 1972 Latest Caselaw 220 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Constitution of India

Headnote :

The appellant whose application for permission to hold a public meeting on a public street was rejected contended in a writ petition in the High Court, (1) that the rules framed by the first respondent under s.33(1) (O) of the Bombay police Act. 1951, were ultra vires section in that the subsection...

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Allenburry Engineers Private Ltd. Vs. Ramakrishna Dalmia & Ors [1972] INSC 221 (15 September 1972)

Judgement Date : 15 Sep 1972

Citation : 1972 Latest Caselaw 221 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 107. TPA, Leases how made.

Headnote :

In 1953, an open piece of land in the city of Bombay belonging to Sir Sapurji Bhairucha Mills Co. Ltd., was purchased by Bharat Insurance Co. Ltd. In 1947, the said piece of land was leased to Allenberry & Co. on a monthly rent of Rs. 1800/-. In 1950, the appellant Company was incorporated for t...

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State of Assam Vs. Krishna Rao [1972] INSC 222 (15 September 1972)

Judgement Date : 15 Sep 1972

Citation : 1972 Latest Caselaw 222 SC

Indian Penal Code, 1860 (IPC)

Headnote :

In order to raise the presumption under s.4(1) of the prevention of Corruption Act what the prosecution has to prove is that the accused person has received 'gratification other than legal remuneration' and when it is shown that he has received a certain sum of money which was not a legal re...

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B. D. Gupta Vs. State of Haryana [1972] INSC 223 (18 September 1972)

Judgement Date : 18 Sep 1972

Citation : 1972 Latest Caselaw 223 SC

Constitution of India
CrPC Section 164. Recording of confessions and statements

Headnote :

In December, 1954, the appellant was arrested and prosecuted under section 5 (2) of the Prevention of Corruption Act. He was suspended in the same month. In November, 1956, the appellant was served with a charge-sheet under Rue 7 (2) for the departmental proceedings to be held on two charges of taki...

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Sales Tax Officer, Ganjam & ANR Vs. M/S. Uttareswari Rice Mills [1972] INSC 224 (18 September 1972)

Judgement Date : 18 Sep 1972

Citation : 1972 Latest Caselaw 224 SC

Headnote :

On receipt of certain information, and,, as a result of information disclosed in documents seized from the respondent, the appellant issued a notice under s. 12 (8) of the Orissa Sales Tax Act. 1947, in the Form prescribed under r. 23 made under the Act, for reassessing the turnover of the responden...

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Gulam Abbas Vs. Haji Kayyum Ali & Ors [1972] INSC 225 (18 September 1972)

Judgement Date : 18 Sep 1972

Citation : 1972 Latest Caselaw 225 SC

Section 2. TPA, Repeal of Acts.
Section 23. What consideration and objects are lawful, and what not

Headnote :

Muslim jurisprudence, where theology and moral concepts are found sometimes mingled with secular utilitarian legal principles, contains a very elaborate theory of acts which are good (because they proceed from haana), those which are bad (because they exhibit 'qubuh'), and those which are ne...

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Barsi Municipal Council Barsi, District Dholapur Vs. Lokamanya Mills, Barsi, Ltd., Barsi & ANR [1972] INSC 226 (19 September 1972)

Judgement Date : 19 Sep 1972

Citation : 1972 Latest Caselaw 226 SC

Constitution of India

Headnote :

The Supreme Court, in Lokmanya Mills, Barsi Led. v. Barsi Borough Municipality (1962) 1 SCR 306 struck down Rule 2(c) as being violative of Art. 14 of the Constitution of India, for the vice of assumed uniformity of return per sq. ft. from structures of different classes which are in their nature no...

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D. M. Manasvi Vs. C.I.T., Gujarat II, Ahmedabad [1972] INSC 227 (19 September 1972)

Judgement Date : 19 Sep 1972

Citation : 1972 Latest Caselaw 227 SC

Income Tax Act, 1961

Headnote :

What is contemplated by clause (1) of section 271, income Tax Act, 1961, is that the Income Tax Officer or the Appellate Assistant Commissioner should have been satisfied in the course of proceedings under the Act regarding matters mentioned in the clauses of that sub-section. It is not however esse...

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Nageshwar Shri Krishna Choube Vs. State of Maharashtra [1972] INSC 228 (19 September 1972)

Judgement Date : 19 Sep 1972

Citation : 1972 Latest Caselaw 228 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was driving a bus, which mounted the footpath, dashed against an electric pole, aid a person, who was near the electric pole, was knocked down dead as a result of the pole falling on him. Four other persons were injured by the bus hitting them. Three of these persons were examined as p...

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Commissioner of Income Tax, West Bengal Vs. M/S. Abdul Rahim Osman & Co. (India) Private Limited [1972] INSC 229 (19 September 1972)

Judgement Date : 19 Sep 1972

Citation : 1972 Latest Caselaw 229 SC

Headnote :

The respondent is a private company. The assessment 'was for the years 1958-59 and 1959-60 of which the accounting year ended on 30th June 1957 and 30th June 1958 respectively. The Company had declared dividend after the 12 months following the accounting year, and hence, the Income Tax Officer...

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R. B. Seth Moolchand Suganchand Vs. The Commissioner of Income-Tax, Delhi [1972] INSC 230 (19 September 1972)

Judgement Date : 19 Sep 1972

Citation : 1972 Latest Caselaw 230 SC

Headnote :

The assessee, a firm carrying on mining business, took on lease for 20 years certain areas which had been worked previously by. others, and in which mica pillars had been exposed by those earlier mining operations. Mica scrap was also lying on the surface. The assessee paid a sum of money, part of w...

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Commissioner of Income Tax,Bihar And Orissa, Patna Vs. S. P. Jain [1972] INSC 231 (19 September 1972)

Judgement Date : 19 Sep 1972

Citation : 1972 Latest Caselaw 231 SC

Headnote :

The Income Tax Officer included a sum of Rs. 10,80,000/found invested in shares in the name of R as the assesee's income from undisclosed sources. The income tax officer had informed the assesee that on the basis of information available with him he had reason to believe that R was the assessee&...

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R. M. Malkani Vs. State of Maharashtra [1972] INSC 232 (22 September 1972)

Judgement Date : 22 Sep 1972

Citation : 1972 Latest Caselaw 232 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 385. Putting person in fear of injury in order to commit extortion
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Magraj Patodia Vs. R. K. Birla & Ors [1970] INSC 184 (10 September 1970)
S. Pratap Singh Vs. The State of Punjab [1963] INSC 186 (2 September 1963)

Headnote :

The appellant, the Corner of Bombay, was charged under s. 161, 385 and 420 read with s. 511 of the I.P.C., for the alleged offences including attempting to obtain a bribe from a doctor who performed an operation but the patient died subsequently. The High Court convicted the appellant under s. 16...

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Mewar Sugar Mills Ltd., Bhopal Sagar Vs. Commissioner of Income-Tax, Rajasthan, Jaipur [1972] INSC 233 (26 September 1972)

Judgement Date : 26 Sep 1972

Citation : 1972 Latest Caselaw 233 SC

Headnote :

The grantee of a monopoly from the Government to manufacture sugar, transferred his rights, with the permission of the Government, to the appellant-company (assessee), under an agreement., Under the terms of the grant and the agreement, the assessee was liable to pay royalty at Z% on the price of su...

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Commissioner of Income Tax Vs. S. N. A. S. A. Annamalai Chettiar [1972] INSC 234 (27 September 1972)

Judgement Date : 27 Sep 1972

Citation : 1972 Latest Caselaw 234 SC

Headnote :

The assessee, who was carrying on business in Malaya which was within the war zone, suffered damages to property during the war on account of bombing. The loss in question was loss of stock-in-trade. On the question whether the loss could be given deduction to as a business loss in computing the net...

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Rameshwar Prasad Bagla Vs. Commissioner of Income-Tax, U.P., Lucknow [1972] INSC 235 (27 September 1972)

Judgement Date : 27 Sep 1972

Citation : 1972 Latest Caselaw 235 SC

Headnote :

The appellant assessee is a partner in A. & Co. Managing Agency of one textile Mill was assigned by the Managing Agents (S. & Co.) to A. & Co. for consideration of buying large number of shares and cash transferred in his favour by his brother. In 1946, the appellant sold 43,700 shares r...

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The Commissioner of Income-Tax, Calcutta Vs. Gillanders Arbuthnot & Co. [1972] INSC 236 (27 September 1972)

Judgement Date : 27 Sep 1972

Citation : 1972 Latest Caselaw 236 SC

Headnote :

The assessee, a registered firm carrying on mostly managing agency business, originally consisted of four partners. By partnership deed dated February 28, 1947, a limited company (whose only shareholders were the four partners of the assessee firm) was taken in as a fifth partner. The company was gi...

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Oil & Natural Gas Commission Vs. The Workmen [1972] INSC 237 (28 September 1972)

Judgement Date : 28 Sep 1972

Citation : 1972 Latest Caselaw 237 SC

Headnote :

The appellant has several projects and workshops in the country. At Baroda it has a central workshop which controls all the workshops in the western region. The workmen are liable to be transferred for exigencies of service from one workshop to another as also from one region to another. At Baroda,...

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Union of India Vs. Sri Sarada Mills Ltd. [1972] INSC 238 (28 September 1972)

Judgement Date : 28 Sep 1972

Citation : 1972 Latest Caselaw 238 SC

Marine Insurance Act, 1963
Section 130. TPA, Transfer of actionable claim.
Section 6. TPA, What may be transferred.
Transfer of Property Act, 1882

Headnote :

The respondent consigned certain goods to the Railway for dispatch. The goods were insured. They were damaged during transit, and the Insurance company paid the total loss. The respondent assigned all its rights, including the right to sue, to the Insurance Company. Thereafter the respondent sued th...

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Baradakanta Mishra,Ex-Commissioner of Endowments Vs. Bhimsen Dixit [1972] INSC 239 (29 September 1972)

Judgement Date : 29 Sep 1972

Citation : 1972 Latest Caselaw 239 SC

Headnote :

Under S. 27 of the Orissa Hindu Religious Endowments Act, the Additional Assistant Commissioner of Hindu Religious Endowments, appointed an interim trustee of two deities in a village in Orissa. The person in charge of the deities made an objection under S. 41 of the said Act, that since the deities...

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Shivaji Genu Mohite vs The State Of Maharashtra

Citation : 1972 Latest Caselaw 313 SC

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