Caselaw | Supreme Court Judgements of august 1973

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Charan Lal Sahu Vs. Nandkishore Bhatt & Ors [1973] INSC 126 (1 August 1973)

Judgement Date : 01 Aug 1973

Citation : 1973 Latest Caselaw 126 SC

Constitution of India
Representation of the People Act, 1951

Headnote :

The individuals in question were elected as members of the Legislative Council of Madhya Pradesh during the elections that took place in 1972.The appellant filed an election petition on June 26, 1972, but failed to submit the required security deposit of Rs. 2000 as stipulated under section 117 of t...

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Parmeshwari Prasad Gupta Vs. The Union of India [1973] INSC 127 (2 August 1973)

Judgement Date : 02 Aug 1973

Citation : 1973 Latest Caselaw 127 SC

Headnote :

The appellant was appointed as the Secretary of the respondent company in 1942 and was later promoted to General Manager.On December 16, 1953, the Board of Directors passed a resolution to terminate the appellant\'s employment. The Chairman of the Board communicated this decision to the appellant vi...

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State of Maharashtra Vs. Laxman Chiman Naik & ANR [1973] INSC 128 (2 August 1973)

Judgement Date : 02 Aug 1973

Citation : 1973 Latest Caselaw 128 SC

Headnote :

Regarding the issue of whether the High Court correctly determined that the respondents, who were inamdars, were entitled to compensation following the abolition of the Bhil Naik Inams as per section 7(1) of the Bombay Bhil Naik Inam Abolition Act, 1955,

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Shamsher Singh Vs. Rajinder Prashad & Ors [1973] INSC 129 (3 August 1973)

Judgement Date : 03 Aug 1973

Citation : 1973 Latest Caselaw 129 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant held a mortgage on a property for an amount of Rs. 15,000/-. The mortgagee initiated legal proceedings and secured a decree. However, when he attempted to execute the decree for the sale of the mortgaged property, respondents 1 and 2 filed a lawsuit seeking a declaration that the mortg...

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N. L. Devender Singh & Ors Vs. Syed Khaja [1973] INSC 130 (3 August 1973)

Judgement Date : 03 Aug 1973

Citation : 1973 Latest Caselaw 130 SC

Headnote :

The plaintiff (referred to as the respondent) entered into an agreement with defendant no. 1 on September 10, 1962, in which the latter agreed to sell his house in Hyderabad to the former for Rs. 60,000. The plaintiff made an earnest payment of Rs. 2,000. However, on October 19, 1962, defendant no....

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State of Punjab Vs. Jagir Singh & Ors [1973] INSC 131 (6 August 1973)

Judgement Date : 06 Aug 1973

Citation : 1973 Latest Caselaw 131 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The individuals involved were found guilty of murder and sentenced to death, but the High Court later acquitted them on appeal.Upon appeal to this Court, the acquittal was overturned.HELD: (1) A criminal trial is not a whimsical tale where one can indulge in imagination and fantasy. It focuses on de...

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Gorakh Nath Dube Vs. Hari Narain Singh & Ors [1973] INSC 132 (7 August 1973)

Judgement Date : 07 Aug 1973

Citation : 1973 Latest Caselaw 132 SC

Ram Adhar Singh Vs. Ramroop Singh & Ors [1967] INSC 242 (26 October 1967)

Headnote :

The plaintiff-appellant initiated this lawsuit seeking the cancellation of a sale deed dated April 12, 1932, concerning a half share he claims in certain plots of land, along with a request for possession of that half share. The plaintiff asserts that the vendor, his uncle, acquired the plots on beh...

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State of U.P. Vs. Zahoor Ahmad & ANR [1973] INSC 133 (8 August 1973)

Judgement Date : 08 Aug 1973

Citation : 1973 Latest Caselaw 133 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 116. TPA, Effect of holding over.
Section 14. TPA, Rule against perpetuity.
Transfer of Property Act, 1882

Headnote :

The appellant State owned a reserved forest.The respondent leased a plot of land from the appellant for industrial use within that forest area. According to the High Court\'s findings, the lease was initially granted for one year in 1947 at an annual rent of Rs. 100. It was renewed for one year in b...

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State of Madras Vs. Rev. Brother Joseph [1973] INSC 134 (8 August 1973)

Judgement Date : 08 Aug 1973

Citation : 1973 Latest Caselaw 134 SC

Headnote :

The Land Acquisition Officer granted compensation for specific land that was acquired, using a valuation method that involved capitalizing the net income from coconut and orange groves at a rate equivalent to 20 years\' purchase. Upon review, the Subordinate Judge raised the estimated yield from the...

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Krishan Chander Vs. Ram Lal [1973] INSC 135 (10 August 1973)

Judgement Date : 10 Aug 1973

Citation : 1973 Latest Caselaw 135 SC

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

Mohan Singh Vs. Bhanwarlal & Ors [1963] INSC 197 (3 October 1963)

Headnote :

In his election petition contesting the election of the respondent, the appellant claimed that the respondent and three other unsuccessful candidates engaged in various corrupt practices as defined in subsections (1) to (7) of section 123 of the Representation of the People Act, 1951. The respondent...

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Jugal Kishore Vs. Dhanno Devi [1973] INSC 136 (13 August 1973)

Judgement Date : 13 Aug 1973

Citation : 1973 Latest Caselaw 136 SC

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

Headnote :

In January 1948, the respondent filed an application under Order 33, Rules 2 and 3 of the C.P.C. seeking permission to sue as a pauper for the possession of a house to which she had an undisputed title. On February 26, 1949, the plaintiff\'s lawyer requested the Court to treat the pauper application...

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Gajadhar Prasad & Ors Vs. Babu Bhakta Ratan & Ors [1973] INSC 137 (14 August 1973)

Judgement Date : 14 Aug 1973

Citation : 1973 Latest Caselaw 137 SC

Constitution of India

Headnote :

In the execution of a decree, six properties belonging to the judgment debtors were sold. The sale proclamation categorized the properties into three items: three houses were grouped as one item, two bungalows as another, and the last house as a separate item. The valuations for each item in the pro...

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Lalji & Ors Vs. The State of U. P [1973] INSC 138 (14 August 1973)

Judgement Date : 14 Aug 1973

Citation : 1973 Latest Caselaw 138 SC

Indian Penal Code, 1860 (IPC)
IPC Section 141. Unlawful assembly
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 323. Punishment for voluntarily causing hurt

Headnote :

Due to a confrontation between the accused individuals and the complainants, the accused were tried and found guilty of several offenses. The first appellant was found guilty of an offense under Section 304, Part 1, as well as offenses under Sections 148, 323, 324, and 325 in conjunction with Sectio...

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Rev. Fr. K. C. Alexander Vs. State of Kerala [1973] INSC 139 (16 August 1973)

Judgement Date : 16 Aug 1973

Citation : 1973 Latest Caselaw 139 SC

Headnote :

A conflict arose over the ownership of specific land between a Jenmi family and the State Government, leading the Jenmi family to file a lawsuit to establish their title.During the ongoing dispute, the appellant sought to register the lands in his name with the Conservator of Forests under the Trava...

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C.I.T. Bombay Vs. Onkarmal Meghraj (H.U.F.) & Ors [1973] INSC 140 (16 August 1973)

Judgement Date : 16 Aug 1973

Citation : 1973 Latest Caselaw 140 SC

Headnote :

A partnership firm was established by 16 individuals under an agreement dated May 19, 1930. Among these partners, 3 were outsiders while 13 belonged to 3 Hindu Undivided Families (HUFs). Despite the firm being composed of these HUFs, the income tax assessments for the period up to 1939-40 were condu...

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Rajender Singh & Ors Vs. Santa Singh & Ors [1973] INSC 141 (16 August 1973)

Judgement Date : 16 Aug 1973

Citation : 1973 Latest Caselaw 141 SC

Indian Soldiers (Litigation) Act, 1925
Section 3. TPA, Interpretation clause.
Section 52. TPA, Transfer of property pending suit relating thereto.
Transfer of Property Act, 1882

Headnote :

The respondents initiated a lawsuit in 1940, asserting their claim to title and possession of certain lands held by the appellants, and the case concluded in favor of the appellants in 1958.In 1959, the appellants brought a suit for possession against the respondents, alleging that the respondents h...

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State of Andhra Pradesh & ANR Vs. Andhra Provincial Potteries Ltd. & Ors [1973] INSC 142 (17 August 1973)

Judgement Date : 17 Aug 1973

Citation : 1973 Latest Caselaw 142 SC

Constitution of India

The State of Bombay Vs. Bandhan Ram Bhandani & Ors [1960] INSC 161 (23 September 1960)

Headnote :

Section 220 of the Companies Act, 1956, which is equivalent to section 134 of the 1913 Act, stipulates that within thirty days after the balance sheet and profit and loss account have been presented to the company at the general meeting, three copies must be submitted to the registrar. Failure to co...

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Western India Match Company Ltd. Vs. Workmen [1973] INSC 143 (20 August 1973)

Judgement Date : 20 Aug 1973

Citation : 1973 Latest Caselaw 143 SC

Industrial Employment (Standing Orders) Act, 1946

Headnote :

According to the Standing Order for the Watch and Ward staff of the appellant, a \"permanent workman\" is defined as one who has completed a two-month probationary period and is employed in a permanent position, while a \"probationer\" is a workman who is temporarily employed to fill a permanent vac...

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Bhagwani Kuer (Dead) & Ors Vs. Tapeswari Kuer & Ors [1973] INSC 144 (20 August 1973)

Judgement Date : 20 Aug 1973

Citation : 1973 Latest Caselaw 144 SC

Headnote :

A created a will that granted a life interest in his properties to his three daughters-in-law. Upon the passing of these three women, half of the property was designated to go to the two daughters of one of the daughters-in-law, while the other half was to be allocated to S, a collateral relative of...

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Sohan Lal & Ors Vs. Amin Chand And Sons & Ors [1973] INSC 145 (22 August 1973)

Judgement Date : 22 Aug 1973

Citation : 1973 Latest Caselaw 145 SC

Section 45. Devolution of joint rights

Headnote :

A number of trademarks were registered under two firms, and one partner announced the dissolution of both firms. Subsequently, he initiated two lawsuits for accounting purposes.While these lawsuits were ongoing, he passed away, and his legal representatives (the appellants) were brought into the cas...

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Sri Chandre Prabhuji Jain Temple & Ors Vs. Harikrishna & ANR [1973] INSC 146 (22 August 1973)

Judgement Date : 22 Aug 1973

Citation : 1973 Latest Caselaw 146 SC

Headnote :

In 1941, one R. passed away, leaving behind his widow, a minor son, and two minor daughters. Prior to his death, he had created a will that named his widow as the executor and guardian of his children, bequeathing all his assets to his minor son while providing instructions for the maintenance and m...

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President of The Bihar State Board of Religious Trust & ANR Vs. Nalini Choudhari & Ors [1973] INSC 147 (23 August 1973)

Judgement Date : 23 Aug 1973

Citation : 1973 Latest Caselaw 147 SC

Headnote :

Section 43(1) of the Bihar Hindu Religious Trusts Act, 1950, as amended in 1956, states that any disputes regarding whether a piece of immovable property is trust property must be investigated by an authority designated by the State Government. Additionally, Section 67 of the Act stipulates that if...

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Kelvinator of India Ltd. Vs. The State of Haryana [1973] INSC 148 (23 August 1973)

Judgement Date : 23 Aug 1973

Citation : 1973 Latest Caselaw 148 SC

Central Sales Tax Act, 1956
Punjab General Sales Tax Act, 1948

Headnote :

Section 6 of the Central Sales Tax Act, 1956 stipulates that every dealer is responsible for paying tax on all sales made during interstate trade or commerce. According to section 3(a), a sale of goods is considered to occur in the context of interstate trade if it can be demonstrated that the sale...

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M. Ramanatha Pillai Vs. The State of Kerala & ANR [1973] INSC 149 (27 August 1973)

Judgement Date : 27 Aug 1973

Citation : 1973 Latest Caselaw 149 SC

Constitution of India

Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)

Headnote :

Regarding the inquiries, (i) can the Government eliminate a position within the service, and (ii) what impact does such elimination have on the rights of the individual holding that position at the time of its removal?

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Woolcombers of India Ltd. Vs. Wool combers Workers Union & ANR [1973] INSC 150 (27 August 1973)

Judgement Date : 27 Aug 1973

Citation : 1973 Latest Caselaw 150 SC

Constitution of India

Headnote :

The Government of West Bengal referred an industrial dispute between the appellants and their workers to the Industrial Tribunal for resolution. A total of 10 points of dispute were submitted for adjudication. The Tribunal issued its Award addressing all the points except for a portion of point No....

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Shivaji Sahebrao Bobade & ANR Vs. State of Maharashtra [1973] INSC 151 (27 August 1973)

Judgement Date : 27 Aug 1973

Citation : 1973 Latest Caselaw 151 SC

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

Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Headnote :

The risks associated with an exaggerated commitment to the principle of benefit of the doubt, particularly when it undermines social defense, and the comforting notion that all acquittals are inherently positiveâ€”regardless of the impact on victims and the communityâ€”require significant attention...

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Hariprasad Mulshanker Trivedi Vs. V. B. Raju & Ors [1973] INSC 152 (28 August 1973)

Judgement Date : 28 Aug 1973

Citation : 1973 Latest Caselaw 152 SC

Representation of the People Act, 1950
Representation of the People Act, 1951

Wopansao Vs. N. L. Odyuo & Ors [1971] INSC 166 (28 July 1971)
Kabul Singh Vs. Kundan Singh & Ors [1969] INSC 177 (13 August 1969)
B. M. Ramaswamy Vs. B. M. Krishnamurthy & Ors [1962] INSC 220; Air 1963 Sc 458; 1963 (3) Scr 479 (30 July 1962)

Headnote :

Raju, the first respondent, initiated an election petition against the appellant and the fifth respondent, disputing the election to the Council of States from Gujarat. He argued that their names were improperly included in the electoral rolls, as they did not qualify as electors under Section 2(1)(...

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Delhi Development Authority Vs. Durga Chand Kaushish [1973] INSC 153 (28 August 1973)

Judgement Date : 28 Aug 1973

Citation : 1973 Latest Caselaw 153 SC

Headnote :

The Secretary of State for India entered into a lease agreement with the respondent in 1931, which was set for a duration of ninety years. The management of the leased land was initially assigned to the Delhi Improvement Trust on behalf of the Government of India, and after the Trust was dissolved,...

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Roop Singh & Ors Vs. The State of Punjab [1973] INSC 154 (28 August 1973)

Judgement Date : 28 Aug 1973

Citation : 1973 Latest Caselaw 154 SC

CrPC Section 342. Power to order court
CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

The appellants faced charges of murder and inflicting serious injury. The Trial Court found them not guilty. However, the High Court, based on the testimonies of two prosecution witnesses, convicted them. In a special leave appeal to this Court, it was argued that the High Court exceeded its authori...

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Chotka Hembram Vs. State of West Bengal & Ors [1973] INSC 155 (29 August 1973)

Judgement Date : 29 Aug 1973

Citation : 1973 Latest Caselaw 155 SC

Constitution of India

Sambhu Nath Sarkar Vs. The State of West Bengal & Ors [1973] INSC 86 (19 April 1973)

Headnote :

On July 3, 1972, the District Magistrate of Burdwan issued an order for the detention of the petitioner under sub-section (2) of section 3 of the Maintenance of Internal Security Act, 1971. This Court granted a writ petition challenging that order, resulting in a judgment on April 19, 1973. Followin...

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Pukhraj Vs. State of Rajasthan & ANR [1973] INSC 156 (29 August 1973)

Judgement Date : 29 Aug 1973

Citation : 1973 Latest Caselaw 156 SC

CrPC Section 197. Prosecution of Judges and public servants

Matajog Dobey Vs. H. C. Bhari [1955] INSC 61 (31 October 1955)

Headnote :

The appellant lodged a complaint against respondent No. 2, his superior in the Postal Department, citing violations of sections 323 and 502 of the Indian Penal Code (I.P.C.). He claimed that when he approached the second respondent with a complaint, the latter kicked him in the abdomen and verbally...

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Krishna Vithu Suroshe Vs. State of Maharashtra [1973] INSC 157 (30 August 1973)

Judgement Date : 30 Aug 1973

Citation : 1973 Latest Caselaw 157 SC

CrPC Section 342. Power to order court
CrPC Section 421. Warrant for levy of fine
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellant was found guilty of murder by the Trial Court.He filed an appeal with the High Court, arguing, among other points, that two eyewitnesses did not identify him as the perpetrator of the crime. The High Court rejected the appeal outright.This Court has now granted the appeal,

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Harchand Singh & ANR Vs. State of Haryana [1973] INSC 158 (31 August 1973)

Judgement Date : 31 Aug 1973

Citation : 1973 Latest Caselaw 158 SC

Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The other individual was found guilty under Section 323 of the Indian Penal Code (I.P.C.) and received an appropriate sentence.Subsequently, two cross appeals were filed: one by the convicts contesting their conviction, and the other by the State seeking to have the convictions of the three accused...

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Daruka & Co. Vs. Union of India & Ors [1973] INSC 159 (31 August 1973)

Judgement Date : 31 Aug 1973

Citation : 1973 Latest Caselaw 159 SC

Constitution of India

Headnote :

Section 3 of the Imports and Exports Act of 1947 grants the Government the authority to issue orders that can prohibit, restrict, or otherwise regulate the import and export of certain goods. The Export Control Order of 1968 specifies that no individual may export goods listed in Schedule-I of that...

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