Caselaw | Supreme Court Judgements of september 1973

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State of Mysore Vs. R. Vs. Bidap [1973] INSC 160 (3 September 1973)

Judgement Date : 03 Sep 1973

Citation : 1973 Latest Caselaw 160 SC

Constitution of India

Headnote :

According to Article 316(2) of the Constitution, a member of a Public Service Commission is to serve a term of six years starting from the date they assume office, or until they reach the age of sixty-five years in the case of the Union Commission, or sixty years for a State Commission or Joint Comm...

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Kishan Narain Vs. State of Maharashtra [1973] INSC 161 (7 September 1973)

Judgement Date : 07 Sep 1973

Citation : 1973 Latest Caselaw 161 SC

Headnote :

The appellant was found guilty under section 165-A of the Indian Penal Code for attempting to bribe a Customs appraiser and was sentenced to rigorous imprisonment along with a fine. Upon appeal, the High Court confirmed the conviction but reduced the prison sentence to six months.Prior to the Specia...

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Jethamal Pithaji Vs. The Assistant Collector 0f Customs Bombay & ANR [1973] INSC 162 (10 September 1973)

Judgement Date : 10 Sep 1973

Citation : 1973 Latest Caselaw 162 SC

CrPC Section 342. Power to order court

Headnote :

The appellant, a goldsmith, was found guilty under section 167(81) of the Sea Customs Act of 1878 for possessing gold bars that bore foreign markings. The prosecution\'s case was based on the appellant\'s statement made to a customs officer and the testimony of a police sub-inspector who confiscated...

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Satyanarayana Sinha Vs. M/S S. Lal and Company Pvt. Ltd. [1973] INSC 163 (10 September 1973)

Judgement Date : 10 Sep 1973

Citation : 1973 Latest Caselaw 163 SC

Constitution of India
Mineral Concession Rules, 1960

Headnote :

The first respondent submitted a writ petition to the High Court contesting the issuance of a mining lease to the appellant, claiming that it infringed upon his right to obtain a mining lease for an area he had applied for, which he believed overlapped with the area leased to the appellant. However,...

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Mohandas Lalwani Vs. The State of Madhya Pradesh [1973] INSC 164 (11 September 1973)

Judgement Date : 11 Sep 1973

Citation : 1973 Latest Caselaw 164 SC

CrPC Section 342. Power to order court
CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)

Headnote :

The accused-appellant was acquitted by the Special Judge in Bhopal, but subsequently convicted by the High Court under Section 165-A of the Indian Penal Code, receiving a sentence of one year of rigorous imprisonment.The prosecution\'s case states that on April 9, 1966, the Chief Engineer (Construct...

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Kanu Sanyal Vs. District Magistrate, Darjeeijng & Ors [1973] INSC 165 (11 September 1973)

Judgement Date : 11 Sep 1973

Citation : 1973 Latest Caselaw 165 SC

Constitution of India

Headnote :

The petitioner, who is currently an undertrial prisoner, submitted a petition under Article 32 seeking the issuance of a writ of habeas corpus. The Court issued a rule nisi but instructed that the petitioner does not need to be physically present. The issue at hand is whether the physical presence o...

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Ram Prasad & Ors Vs. The State of U.P [1973] INSC 166 (17 September 1973)

Judgement Date : 17 Sep 1973

Citation : 1973 Latest Caselaw 166 SC

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 were found guilty under sections 148 and 302 in conjunction with section 149 of the Indian Penal Code. They appealed to the Supreme Court, arguing, among other points, that the First Information Report (F.I.R.) listed three additional individuals who witnessed the event but were not c...

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State of Kerala & ANR Vs. The Gwalior Rayon Silk Manufacturing WVG. Co. Ltd. [1973] INSC 167 (18 September 1973)

Judgement Date : 18 Sep 1973

Citation : 1973 Latest Caselaw 167 SC

Constitution of India
Gwalior
Kerala Forest Act, 1961
Malabar Tenancy Act, 1929

Headnote :

The Kerala Private Forests (Vesting & Assignment) Act (Act 26 of 1971) aimed to acquire forest lands held under Janman rights without providing compensation, as part of a plan for agrarian reform that involved assigning these lands through registry or lease to poorer segments of the rural agricultur...

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Giani Bakshish Singh Vs. Govt. of India & Ors [1973] INSC 168 (18 September 1973)

Judgement Date : 18 Sep 1973

Citation : 1973 Latest Caselaw 168 SC

Foreigners Act, 1946
Preventive Detention Act, 1950

Headnote :

The appellant, a British national, was detained under section 3(2) in conjunction with section 3(1)(a)(i) and (ii) of the Maintenance of Internal Security Act, 1971. The reasons for his detention included his involvement in subversive activities aimed at inciting animosity between Hindus and Sikhs,...

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Chittaranjan Das Vs. The State of Orissa [1973] INSC 169 (18 September 1973)

Judgement Date : 18 Sep 1973

Citation : 1973 Latest Caselaw 169 SC

Prevention of Food Adulteration Act, 1954

Headnote :

Section 20(1) of the Food Adulteration Act, 1954, prior to its amendment by Act 49 of 1964, stipulated that no prosecution for an offence under the Act could be initiated without the written consent of the State Government, a local authority, or an individual authorized by either the State Governmen...

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Jalaja Shedthi & Ors Vs. Lakshmi Shedthi & Ors [1973] INSC 170 (20 September 1973)

Judgement Date : 20 Sep 1973

Citation : 1973 Latest Caselaw 170 SC

Indian Succession Act, 1925

Headnote :

Before the enactment of the Hindu Succession Act in 1956, the parties were subject to the Aliyasantana law. This customary law, known by two namesâ€”marumakattayam and aliyasantanaâ€”refers to inheritance through nephews or the sons of sisters, respectively. The fundamental principle of the joint fa...

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S. Parthasarathi Vs. State of Andhra Pradesh [1973] INSC 171 (20 September 1973)

Judgement Date : 20 Sep 1973

Citation : 1973 Latest Caselaw 171 SC

Headnote :

The appellant, who worked as a clerk-typist, was directly supervised by M, the Deputy Director of the Information and Public Relations Department in Andhra Pradesh.The appellant claims that M harbored animosity towards him and subjected him to various forms of harassment. As the Director-in-charge,...

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State of Punjab Vs. K. R. Erry & Sobhag Rai Mehta [1973] INSC 172 (21 September 1973)

Judgement Date : 21 Aug 1973

Citation : 1973 Latest Caselaw 172 SC

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

Headnote :

Rule 6.4 of the Punjab Pension Rules states: \"6.4 (a) The full pension that is permissible under this rule is not to be granted automatically, nor unless the service rendered has been genuinely approved.\"\"(b) If the service has not been entirely satisfactory, the authority approving the pension s...

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State of Bihar Vs. Pashupati Singh & ANR & Vice Versa [1973] INSC 173 (24 September 1973)

Judgement Date : 24 Aug 1973

Citation : 1973 Latest Caselaw 173 SC

Indian Penal Code, 1860 (IPC)
IPC Section 394. Voluntarily causing hurt in committing robbery

Headnote :

The deceased couple, along with their daughter and servant, were traveling by train when they were approached at a roadside station by the two appellants and another co-accused, who is still at large, armed with deadly weapons. During the robbery, both the husband and wife were attacked, resulting i...

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Sudhir Kumar Mukherjee and Sham Lal Shaw Vs. State of West Bengal [1973] INSC 174 (24 September 1973)

Judgement Date : 24 Sep 1973

Citation : 1973 Latest Caselaw 174 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The first appellant was an employee at a company, while the second appellant was a supplier of limestone to that company. The process for the supply involved the second appellant delivering four bags of limestone each day to the first appellant, who would then receive a chalan from him. The first ap...

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Kali Ram Vs. State of Himachal Pradesh [1973] INSC 175 (24 September 1973)

Judgement Date : 24 Sep 1973

Citation : 1973 Latest Caselaw 175 SC

CrPC Section 10. Subordination of assistant Sessions Judges
CrPC Section 110. Security for good behaviour from habitual offenders
CrPC Section 112. Procedure in respect of person present in court
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 342. Power to order court
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt
IPC Section 457. Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment

Headnote :

One of the fundamental principles that must always be considered in our criminal justice system is that an individual accused of a crime is presumed innocent until the prosecution provides sufficient evidence to prove their guilt. The responsibility to establish the accused\'s guilt lies with the pr...

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Workmen Vs. Management of Sijua (Jherriah) Electric Supply Co. Ltd. [1973] INSC 176 (25 September 1973)

Judgement Date : 25 Sep 1973

Citation : 1973 Latest Caselaw 176 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Payment of Bonus Act, 1965

Headnote :

The conflict between the respondent company and the workers centered on the allowable additions and deductions to profits when determining the bonus owed to the workers as per the Bonus Act. The disagreement involved three specific items listed in the profit and loss statement, which were also the f...

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Silver Jubilee Tailoring House & Ors Vs. Chief Inspector of Shops and Establishments & ANR [1973] INSC 177 (25 September 1973)

Judgement Date : 25 Sep 1973

Citation : 1973 Latest Caselaw 177 SC

Headnote :

The second respondent, representing the tailors employed by the appellants, submitted claims under Section 37-A of the Andhra Pradesh (Telengana Area) Shops and Establishments Act in conjunction with Section 15 of the Payment of Wages Act, 1936. They argued that they were employees of the appellants...

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Union of India Vs. Mohan Lal Capoor & Ors [1973] INSC 178 (26 September 1973)

Judgement Date : 26 Sep 1973

Citation : 1973 Latest Caselaw 178 SC

Constitution of India
Indian Police Service (Appointment by Promotion) Regulations, 1955

Headnote :

Regulation 4(l) of the Indian Administrative Service / Indian Police Service (Appointment by Promotion) Regulations, 1955 mandates that the Selection Committee review the cases of all substantive members of the respective services who have completed at least 8 years of continuous service in the role...

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Masud Khan Vs. State of Uttar Pradesh [1973] INSC 179 (26 September 1973)

Judgement Date : 26 Sep 1973

Citation : 1973 Latest Caselaw 179 SC

Constitution of India

Piara Singh Vs. State of Punjab [1969] INSC 3 (8 January 1969)
Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

The petitioner arrived in India from Pakistan using a Pakistani passport issued in July 1954 and an Indian visa obtained in April 1956. Upon his arrest under the Foreigners (Internment) Order of 1962, he argued that he was an Indian citizen and that his arrest and imprisonment were unlawful.

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State of Jammu & Kashmir Vs. Triloki Nath Khosa & Ors [1973] INSC 180 (26 September 1973)

Judgement Date : 26 Sep 1973

Citation : 1973 Latest Caselaw 180 SC

Constitution of India

Katra Educational Society Vs. State of Uttar Pradesh & Ors [1966] INSC 15 (17 January 1966)
State of Uttar Pradesh Vs. Kartar Singh [1964] INSC 30 (6 February 1964)
State of Madhya Pradesh Vs. Bhopal Sugar Industries Ltd. [1964] INSC 38 (19 February 1964)

Headnote :

According to the Recruitment Rules of 1939, the selection of Assistant Engineers for the Jammu and Kashmir Engineering Service was to be conducted through direct recruitment of individuals holding degrees in Civil Engineering or by transferring degree or diploma holders who had worked as Supervisors...

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Laxminarayan & ANR Vs. Returning Officer & Ors [1973] INSC 181 (28 September 1973)

Judgement Date : 28 Sep 1973

Citation : 1973 Latest Caselaw 181 SC

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

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

Headnote :

JD and RS were among five candidates vying for election to the Lok Sabha. JD emerged as the winning candidate, while RS received the second highest number of votes. Following the vote counting, RS requested a recount under rule 63 of the Conduct of Election Rules, 1961. In his petition, he claimed t...

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