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Municipal Corporation, Bhopal, M.P. Vs. Misbahul Hasan & Ors [1972] INSC 51 (12 February 1972)

Judgement Date : 12 Feb 1972

Citation : 1972 Latest Caselaw 51 SC

Headnote :

The respondent employee was appointed a Lower Division Clerk and after 5 years of service, the Administrator of the Municipal Corporation, purporting to carry out the orders of the St-ate Government, passed a general order dated 21st December 1967, stating that the age of compulsory retirement of al...
Khandu Sonu Dhobi & ANR Vs. State of Maharashtra [1972] INSC 52 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 52 SC

Headnote :

The appellants entrusted with the duties of carrying out improvement schemes under the Bombay Land Improvement Scheme Act, 1942, were charged with the offence of preparing false documents and committing criminal breach of trust in respect of certain amount. It was alleged that even though no work ha...
Gudar Dusadh Vs. State of Bihar [1972] INSC 53 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 53 SC

Headnote :

Section 300, clause thirdly, of the Indian Penal Code, 1860, consists of two parts. Under the first part it has to be shown that there was an intention on the part of the accused to inflict the particular injury which was found on the body of the deceased. The second part requires that the bodily in...
Som Narth Puri Vs. The State of Rajasthan [1972] INSC 54 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 54 SC

Headnote :

The appellant who was an employee of the Indian Airlines Corporation was convicted under s. 409, Penal Code, and section 5(2) read with section 5 (1) (c) of the Prevention of Corruption Act, 1947. The appellant's duty was to make reservations for the passengers. The practice was that whenever th...
C. L. Subramaniam Vs. Collector of Customs, Cochin [1972] INSC 55 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 55 SC

Headnote :

The appellant, a preventive officer, applied for permission to allow his wife to run a taxi service. He was informed that no permission was necessary. Thereafter, appellant acting on behalf of his wife, purchased a few cars which were used as taxis. Later several complaints were made against him to...
Binny Ltd. Vs. Their Workmen & ANR [1972] INSC 56 (15 February 1972)

Judgement Date : 15 Feb 1972

Citation : 1972 Latest Caselaw 56 SC

Headnote :

The appellant company was making two payments of bonus every year one for the half year ending 30th June and the other for the half year ending 31st December. The payment was on the basis of profits earned by it and the payment was not a condition of service and had nothing to do with any custom or...
Senior Superintendent,R.M.S Cochin & ANR Vs. K. Vs. Gopinath, Sorter [1972] INSC 57 (18 February 1972)

Judgement Date : 18 Feb 1972

Citation : 1972 Latest Caselaw 57 SC

Headnote :

The services of the respondent, a temporary government servant, were terminated on a particular day, but his salary and allowances due till then were not paid on that date. The High Court held that the termination was not in accordance with the provisions of r. 5 of the Central Service (Temporary...
Gobind Ram Vs. State of Maharashtra [1972] INSC 58 (21 February 1972)

Judgement Date : 21 Feb 1972

Citation : 1972 Latest Caselaw 58 SC

Headnote :

civil suit, were pending. While dismissing the transfer application, the Additional Sessions Judge, who heard' the application, recorded an order that a report be submitted to the High Court for considering the conduct of the applicant as to the course adopted by him in making imputations or...
R. P. Khanna & Ors Vs. S.A.F. Abbas & Ors [1972] INSC 59 (22 February 1972)

Judgement Date : 22 Feb 1972

Citation : 1972 Latest Caselaw 59 SC

Headnote :

Rule 3(3)(b) of the Indian Administrative, Service (Regulation of Seniority) Rules 1954 laid down in its main part that the year of allotment of an officer who was appointed to the service by promotion 'shall be the year of allotment of the junior-most among the officers who entered the service...
R. C. Jal & ANR Vs. Union of India [1972] INSC 60 (23 February 1972)

Judgement Date : 23 Feb 1972

Citation : 1972 Latest Caselaw 60 SC

Headnote :

Coal was despatched from colleiries within British India in December 1946 and January and February 1947, to the appellant in Indore. The respondent filed a suit in 1953 for recovery of coal production cess levied under the Coal Production Fund Ordinance, 1944, and r. 3(1) of the Coal Production Fund...
Air India Corporation, Bombay Vs. V. A. Rebellow & ANR [1972] INSC 61 (24 February 1972)

Judgement Date : 24 Feb 1972

Citation : 1972 Latest Caselaw 61 SC

Headnote :

The respondent had bean employed by the appellant as an Assistant Station Superintendent. An order was passed terminating his services with immediate effect With payment of one month's salary in lieu of notice. He filed a complaint under s. 33A of the Industrial Disputes Act, 1947 before the Lab...
Unichem Laboratories Ltd. Vs. The Workmen [1972] INSC 62 (24 February 1972)

Judgement Date : 24 Feb 1972

Citation : 1972 Latest Caselaw 62 SC

Headnote :

The appellant carried on the business of manufacturing and selling pharmaceutical products in Greater Bombay. In disputes arising bet the appellant and the respondents the Industrial Tribunal had to deal with questions relating to dearness allowance, classification of grades and fixation of wages an...
Haridwar Singh Vs. Bagun Sumbrui & Ors [1972] INSC 63 (25 February 1972)

Judgement Date : 25 Feb 1972

Citation : 1972 Latest Caselaw 63 SC

Headnote :

The right to exploit a bamboo coup in the Hazaribagh district of Bihar was auctioned in August 1970. The reserve price was Rs. 95,000/but the appellant's bid of Rs. 92,001/being the highest was accepted by the Divisional Forest Officer. The petitioner deposited the security required and executed...
Thulia Kali Vs. The State of Tamil Nadu [1972] INSC 64 (25 February 1972)

Judgement Date : 25 Feb 1972

Citation : 1972 Latest Caselaw 64 SC

Headnote :

This Court does not normally reappraise evidence in an appeal under article 136 of the Constitution but that fact would not prevent interference with an order of conviction, if, on consideration of the vital prosecution evidence in the case the Court finds it to be afflicted with ex-facie infirmity....
Union of India & ANR Vs. Gajendra Singh [1972] INSC 65 (7 March 1972)

Judgement Date : 07 Mar 1972

Citation : 1972 Latest Caselaw 65 SC

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

Judgement Date : 07 Mar 1972

Citation : 1972 Latest Caselaw 66 SC

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...
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...
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

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...
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

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...
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

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...
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

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

Judgement Date : 10 Mar 1972

Citation : 1972 Latest Caselaw 72 SC

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...
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

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...
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

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

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 75 SC

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...
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

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...
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...
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

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

Judgement Date : 14 Mar 1972

Citation : 1972 Latest Caselaw 79 SC

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...
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

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...
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

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...
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

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

Judgement Date : 17 Mar 1972

Citation : 1972 Latest Caselaw 83 SC

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...
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...
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

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...
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

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

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 88 SC

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

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 89 SC

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...
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

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

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 91 SC

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

Judgement Date : 22 Mar 1972

Citation : 1972 Latest Caselaw 92 SC

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...
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

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...
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

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...
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...
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...
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

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...
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...
State BankIndia Vs. The Presiding Officer, Central Government Labour Court, Dhan [1972] INSC 99 (1 April 1972)

Judgement Date : 01 Mar 1972

Citation : 1972 Latest Caselaw 99 SC

Headnote :

The second respondent was employed on 3-1-1947 as a Grade II Clerk in theImperial Bank of India (taken over by the State Bank of India in 1955) on a scale running from Rs. 70 to Rs. 170. Shortly after, he was given a raise of Rs. 4 because of his proficiency in using the machine. On 1-1-49 he was pr...
Ramagya Prasad Gupta & Ors Vs. Murli Prasad [1972] INSC 100 (3 April 1972)

Judgement Date : 03 Apr 1972

Citation : 1972 Latest Caselaw 100 SC

Headnote :

An electricity undertaking was purchased by M (respondent No. 1 herein) and by a notification of the Bihar Government dated 13-4-1945 he was made the sole licensee. A partnership of five persons formed to purchase and run the said undertaking was in 1950 enlarged to consist of ten partners, P, who h...
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