Caselaw | Supreme Court Judgements of march 1973

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Brij Kishore Prasad Singh & Ors Vs. Jaleshwar Prasad Singh & Ors [1973] INSC 36 (2 March 1973)

Judgement Date : 02 Mar 1973

Citation : 1973 Latest Caselaw 36 SC

Headnote :

A partition suit involving K and his brothers reached a compromise on July 4, 1947, with various schedules created for the property allocated to the parties. However, none of the involved parties provided the required stamp paper as instructed by the Court, and no decree was issued. Subsequently, th...

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Shew Kissen Bhattar Vs. The Commissioner of Income Tax, Calcutta [1973] INSC 37 (5 March 1973)

Judgement Date : 05 Mar 1973

Citation : 1973 Latest Caselaw 37 SC

Headnote :

The assessee, acting as a trustee for the house property, sought a deduction for compound interest based on a consent decree issued on April 19, 1928, in a title suit concerning the property. According to the decree, the property was determined to belong to the first defendant, who was obligated to...

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Workmen of Messrs Firestone Tyre & Rubber Company of India Vs. Management & Ors [1973] INSC 38 (6 March 1973)

Judgement Date : 06 Mar 1973

Citation : 1973 Latest Caselaw 38 SC

State Bank of India Vs. R. K. Jain & Ors [1971] INSC 253 (17 September 1971)

Headnote :

The Industrial Disputes (Amendment) Act of 1971, among other changes, introduced section 11A to the original Act of 1947. This new section stipulated that if a Labour Court, Tribunal, or National Tribunal finds that the discharge or dismissal of a worker was unjustified during the adjudication of an...

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Bajwa & Ors Vs. State of U.P [1973] INSC 39 (6 March 1973)

Judgement Date : 06 Mar 1973

Citation : 1973 Latest Caselaw 39 SC

Headnote :

In considering appeals against acquittals, the High Court must remember the presumption of innocence that favors the accused, which is further reinforced by the acquittal order from the trial court. Therefore, the High Court should always keep in mind that the accused is entitled to the benefit of a...

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Shadi Lal Gupta Vs. State of Punjab [1973] INSC 40 (7 March 1973)

Judgement Date : 07 Mar 1973

Citation : 1973 Latest Caselaw 40 SC

Headnote :

The appellant served as a Clerk in the Treasury at Ludhiana and initiated a lawsuit seeking three different forms of relief, of which only one remains relevant: the challenge to the order that withheld his increment for one year with cumulative effect. On November 10, 1961, he was issued a charge sh...

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Hindustan Lever Ltd. Vs. Ram Mohan Ray & Ors [1973] INSC 41 (7 March 1973)

Judgement Date : 07 Mar 1973

Citation : 1973 Latest Caselaw 41 SC

Constitution of India

Headnote :

Prior to September 1966, the marketing organization of the employer company was structured into three divisions. Following that, it was reorganized into two divisions. There were extensive and lengthy discussions between the employer and the employees, but the employees did not approve the reorganiz...

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C.I.T., Andhra Pradesh Vs. M/S. Vadde Pallaiah & Co [1973] INSC 42 (8 March 1973)

Judgement Date : 08 Mar 1973

Citation : 1973 Latest Caselaw 42 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Until the assessment year 1953-54, P operated a business as an individual. In March 1953, he formed a partnership with others. For the assessment years 1954-55, 1955-56, and 1956-57, the partnership submitted income tax returns and sought registration under section 26A of the Income-tax Act, 1922. H...

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State of U.P. Vs. Dyer Meakin Breweries Ltd. [1973] INSC 43 (8 March 1973)

Judgement Date : 08 Mar 1973

Citation : 1973 Latest Caselaw 43 SC

Central Sales Tax Act, 1956

Headnote :

The taxpayer was registered as a dealer under the Central Sales Tax Act, 1956 in Ghaziabad. For the relevant assessment years, he was evaluated by the Tax Officer in Ghaziabad. The Sales Tax Officer later discovered that the taxpayer had improperly used some \'C\' Forms, leading to the issuance of a...

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Commissioner of Income Tax, Madras Vs. M/S. Madurai Mills Co. Limited [1973] INSC 44 (9 March 1973)

Judgement Date : 09 Mar 1973

Citation : 1973 Latest Caselaw 44 SC

Income Tax Act, 1961

Headnote :

Three private limited companies, in which the assessee owned shares, entered voluntary liquidation in December 1959. During the liquidation process, the liquidators distributed assets in the accounting year relevant to the assessment year 1961-62, and the assessee company received cash or assets in...

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Mustaq Ahmed Mohed Hussain Mukhtar Hussain Ali Hussain Vs. The State of Gujarat [1973] INSC 45 (13 March 1973)

Judgement Date : 13 Mar 1973

Citation : 1973 Latest Caselaw 45 SC

CrPC Section 421. Warrant for levy of fine
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

In this appeal by special leave, the primary issue to be resolved was whether the High Court of Gujarat acted appropriately in summarily dismissing the appellants\' appeal against their conviction by the Sessions Judge in Jamnagar for offenses under Section 420 in conjunction with Sections 511 and 3...

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Phul Rani & Ors Vs. Naubat Rai Ahluwalia [1973] INSC 46 (14 March 1973)

Judgement Date : 14 Mar 1973

Citation : 1973 Latest Caselaw 46 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Rent Control Act, 1958

Headnote :

The plaintiff, after issuing two notices to quit, submitted an ejectment application against the defendant under Section 14(1)(e) of the Delhi Rent Control Act of 1958, seeking possession based on personal necessity. The Additional Rent Controller dismissed the application on the preliminary ground...

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Patiraji Vs. Mamta & Ors [1973] INSC 47 (15 March 1973)

Judgement Date : 15 Mar 1973

Citation : 1973 Latest Caselaw 47 SC

Headnote :

The appellant initiated a lawsuit under section 20(b)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, claiming that her name was recorded as an occupant in the Khasra of 1356 Fasli. She argued that this designation made her an Adivasi, thus entitling her to reclaim possession of the l...

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Collector of Estate Duty Vs. M/S R. Kanakasabai & Ors [1973] INSC 48 (16 March 1973)

Judgement Date : 16 Mar 1973

Citation : 1973 Latest Caselaw 48 SC

Headnote :

R passed away in 1959, leaving behind four sons, some grandsons, a wife, and a daughter. These individuals submitted an account of the properties that transferred upon R\'s death to the Deputy Controller of Estate Duty. The Deputy Controller included the value of certain properties that R had settle...

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Commercial Tax-Officer, Bangalore, Vs. Sri Venkateswara Oil Mills & ANR [1973] INSC 49 (16 March 1973)

Judgement Date : 16 Mar 1973

Citation : 1973 Latest Caselaw 49 SC

Central Sales Tax Act, 1956

Headnote :

Following the Court\'s ruling in the case of Yadalam Lakshminarasimhiah Setty, the President of India issued the Central Sales Tax (Amendment) Ordinance 1969 on June 9, 1969. This ordinance aimed to override the implications of that ruling and to impose sales tax on all dealers engaged in inter-Stat...

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State of U. P. Vs. Kailash Nath Agarwal & Ors [1973] INSC 50 (16 March 1973)

Judgement Date : 16 Mar 1973

Citation : 1973 Latest Caselaw 50 SC

CrPC Section 337. Procedure Where lunatic prisoner is reported capable of making his defence
CrPC Section 338. Procedure where lunatic detained is declared fit to be released
Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The respondent was involved in a conspiracy that led to significant fraud against the railway administration during the years 1958-59. Consequently, a charge-sheet was filed against them under sections 120(B), 420, 467, 468, and 471 of the Indian Penal Code (I.P.C.).Enquiry proceedings commenced in...

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Union of India Vs. G. R. Prabhavalkar & Ors [1973] INSC 51 (16 March 1973)

Judgement Date : 16 Mar 1973

Citation : 1973 Latest Caselaw 51 SC

States Reorganisation Act, 1956

Headnote :

According to Section 115 of the States Re-organisation Act, 1956, it is the responsibility of the Central Government to establish the principles for the classification of posts and to create a unified gradation list by integrating services from various reorganised States. The Central Government is o...

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K. K. Chari Vs. R. M. Seshadri [1973] INSC 52 (16 March 1973)

Judgement Date : 16 Mar 1973

Citation : 1973 Latest Caselaw 52 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The appellant purchased the property in question and initiated legal action against the respondent, who was a tenant in that property, seeking eviction based on the appellant\'s genuine needs as per section 10(3) of the Madras Rent Control Act. The tenant contested the landlord\'s assertion, claimin...

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Management of Tournamulla Estate Vs. Workmen [1973] INSC 53 (26 March 1973)

Judgement Date : 26 Mar 1973

Citation : 1973 Latest Caselaw 53 SC

Headnote :

Clause (4) of the gratuity scheme applicable to the appellant Estate stipulated that any dispute concerning a gratuity claim from a workman dismissed for misconduct should be submitted to the Labour Court for resolution. One of the appellant\'s workers was charged with riotous and disorderly conduct...

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State of Andhra Pradesh Vs. Narayana Velur Beedi Manufacturing Factory & Ors [1973] INSC 54 (26 March 1973)

Judgement Date : 26 Mar 1973

Citation : 1973 Latest Caselaw 54 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The appellant-Government issued an order to revise the minimum wages in the Bidi industry, which was based on the recommendations of a six-member Committee. This Committee included representatives from both employers and employees, as well as the Chief Inspector and Deputy Chief Inspector of Factori...

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State of Mysore & ANR Vs. K. G. Jagannath [1973] INSC 55 (27 March 1973)

Judgement Date : 27 Mar 1973

Citation : 1973 Latest Caselaw 55 SC

Headnote :

Rule 216(2) of the Mysore Motor Vehicle Rules, 1963, establishes the minimum seating capacity for public service vehicles. The respondent was operating a bus with a seating capacity of 30 under a permit. He sought to replace this bus with a new one and requested permission to change the seating capa...

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Fatima Bi & ANR Vs. Deputy Custodian General Evacuee Property, New Delhi [1973] INSC 56 (27 March 1973)

Judgement Date : 27 Mar 1973

Citation : 1973 Latest Caselaw 56 SC

Headnote :

The first appellant, who is the wife of the second appellant, claimed ownership of certain property located in Delhi.An ex-parte order issued on November 25, 1953, by the Assistant Custodian classified her as an evacuee and designated her property as evacuee property. Upon appeal, this ex-parte orde...

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Patel India (Private) Ltd. Vs. Union of India & Ors [1973] INSC 57 (28 March 1973)

Judgement Date : 28 Mar 1973

Citation : 1973 Latest Caselaw 57 SC

Headnote :

The appellant Company served as the exclusive distributor in India for products imported from an American firm. The Customs authorities typically assessed import duties based on the invoice price, as stipulated in sections 29 and 30 of the Sea Customs Act, 1878, considering it the true value of the...

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Parkash Chand Khurana Vs. Harnam Singh & Ors [1973] INSC 58 (28 March 1973)

Judgement Date : 28 Mar 1973

Citation : 1973 Latest Caselaw 58 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent constructed a factory on a piece of land allocated to them by the Faridabad Development Board. They consented to transfer their rights to the plot and the factory to the appellants. Disputes arose between the parties regarding certain aspects of the agreement, leading to arbitration....

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Gajraj Singh Vs. The State of Madhya- Pradesh & ANR [1973] INSC 59 (28 March 1973)

Judgement Date : 28 Mar 1973

Citation : 1973 Latest Caselaw 59 SC

Headnote :

The appellant was initially appointed as a constable in the former State of Gwalior in 1934 and was promoted to Sub Inspector in 1945. In May 1948, the rulers of Gwalior, Indore, and several other states established a new entity known as the United States of Madhya Bharat through a covenant. The app...

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S. P. Watel & Ors Vs. State of U.P [1973] INSC 60 (28 March 1973)

Judgement Date : 28 Mar 1973

Citation : 1973 Latest Caselaw 60 SC

Headnote :

Plot No. 4635A (previously numbered 5199), measuring bigha and 2 biswas, is situated in the Meerut municipal area and was leased by the Lala Nanak Chand Trust to the predecessor of the current respondents. The lease deed, dated June 23, 1926, specified that the lease was granted \"for the purpose of...

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Bishambar Nath & Ors Vs. The Agra Nagar Mahapalika Agra & ANR [1973] INSC 61 (28 March 1973)

Judgement Date : 28 Mar 1973

Citation : 1973 Latest Caselaw 61 SC

Headnote :

The appellant acquired a specific quantity of wheat flour from the Military Dairy Farm in Agra, which was deemed unfit for human consumption. He attempted to sell it, clearly indicating with a sign that the flour was not suitable for human use. The appellant intended to sell it for use as lehi, manu...

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Saxby and Farmer (India) Pvt. Ltd. Vs. Their Workmen [1973] INSC 62 (29 March 1973)

Judgement Date : 29 Mar 1973

Citation : 1973 Latest Caselaw 62 SC

Industrial Disputes Act, 1947

Headnote :

The appellant company was part of the Engineering Industry in West Bengal, operating three factories located in different areas of Calcutta. Its primary focus was on manufacturing brakes and signaling equipment for the railways. The Government of West Bengal designated the appellant as a public util...

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Union of India Vs. Maj. I. C., Lala [1973] INSC 63 (29 March 1973)

Judgement Date : 29 Mar 1973

Citation : 1973 Latest Caselaw 63 SC

CrPC Section 11. Courts of Judicial Magistrates
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 235. Judgment of acquittal or conviction
CrPC Section 239. When accused shall be discharged
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 5. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

Two army officers and a businessman faced trial before the Special Judge under the Criminal Law Amendment Act of 1952. They were charged with conspiracy under Section 120B of the Indian Penal Code (IPC), in conjunction with Section 5(2) of the Prevention of Corruption Act, as well as Section 420 of...

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Union of India Vs. M/S. Modi Industries Ltd. [1973] INSC 64 (30 March 1973)

Judgement Date : 30 Mar 1973

Citation : 1973 Latest Caselaw 64 SC

Code of Civil Procedure, 1908 (CPC)
Section 29. Agreements void for uncertainty

Headnote :

On July 4, 1933, the respondent company entered into an agreement to pay charges for a railway siding at specified rates.According to Clause 23 of the agreement, the Railway Administration could revise these charges by providing six months\' notice of their intent. Clause 24 addressed the terminatio...

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