Caselaw | Supreme Court Judgements of april 1974

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The Amalgamated Tea Estate Co. Ltd. Vs. State of Kerala [1974] INSC 77 (2 April 1974)

Judgement Date : 02 Apr 1974

Citation : 1974 Latest Caselaw 77 SC

Constitution of India

Headnote :

The petitioners, two foreign corporations, were subjected to agricultural income tax under the Kerala Agricultural Income-tax Act of 1950, as amended by the Amendment Act of 1970. This Act established a graduated scale for agricultural income tax, imposing a minimum rate of 65% on domestic companies...

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Collector of Customs, Madras & Ors Vs. D. Bhoormul [1974] INSC 78 (3 April 1974)

Judgement Date : 03 Apr 1974

Citation : 1974 Latest Caselaw 78 SC

Headnote :

The preventive officers from the Customs Department discovered ten packages of imported items, including fountain pens, hair clippers, and razor sets, valued at approximately Rs. 12,000, at the shop of one Baboothmull. The packages appeared to be freshly delivered or ready for dispatch to another lo...

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Kesho Ram Vs. Delhi Administration [1974] INSC 79 (3 April 1974)

Judgement Date : 03 Apr 1974

Citation : 1974 Latest Caselaw 79 SC

Indian Penal Code, 1860 (IPC)
IPC Section 333. Voluntarily causing grievous hurt to deter public servant from his duty
IPC Section 99. Act against which there is no right of private defence

Headnote :

The appellant was found guilty under sections 353, 332, and 333 of the Indian Penal Code and received a corresponding sentence. The prosecution\'s case stated that the appellant obstructed three inspectors and a peon from the Delhi Municipal Corporation while they were attempting to seize the appell...

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Rajendra Kumar Chaturvedi Vs. The State of Maharashtra [1974] INSC 80 (4 April 1974)

Judgement Date : 04 Apr 1974

Citation : 1974 Latest Caselaw 80 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Special Judge, after conducting a comprehensive and meticulous evaluation of all the evidence presented in the case, concluded that the prosecution had proven its case against the appellant beyond a reasonable doubt. As a result, the appellant was convicted under sections 120B and 161 in conjunc...

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Collector of Customs, Madras & ANR Vs. C.Tarachand [1974] INSC 81 (5 April 1974)

Judgement Date : 05 Apr 1974

Citation : 1974 Latest Caselaw 81 SC

Customs Act, 1962

Headnote :

The respondent imported sewing machine needles under a license. However, the Customs Authorities imposed a penalty and confiscated the goods, arguing that the import license did not cover needles intended for domestic sewing machines.The respondent contended that the imported needles were suitable f...

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Khem Karan & Ors Vs. The State of U.P. & ANR [1974] INSC 82 (8 April 1974)

Judgement Date : 08 Apr 1974

Citation : 1974 Latest Caselaw 82 SC

Headnote :

Amidst a backdrop of intense animosity, a violent confrontation erupted between the group of complainants and the accused-appellants.Several members of the prosecution sustained non-fatal gunshot wounds, while the three accused-appellants suffered injuries from lathi blows. The complainant argued th...

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Vasant Krishnarao Paturkar & ANR Vs. D. R. Majramkar & Ors [1974] INSC 83 (8 April 1974)

Judgement Date : 08 Apr 1974

Citation : 1974 Latest Caselaw 83 SC

States Reorganisation Act, 1956

Headnote :

The appellants, along with the first 19 respondents and respondents 22 to 24, are employees of the Agriculture Department of the State of Maharashtra, following the reorganization of states.Respondents 1 to 19 were the original petitioners in Special Civil Application No. 1354/70. They were officers...

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Bhajan Singh & Ors Vs. State of U.P [1974] INSC 84 (9 April 1974)

Judgement Date : 09 Apr 1974

Citation : 1974 Latest Caselaw 84 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon

Headnote :

The three appellants, along with two others, were found guilty of an offense under section 3021149 of the Indian Penal Code and were sentenced to life imprisonment by the High Court, which upheld the trial court\'s decision.The appeal by special leave was dismissed.

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Ganga Bai Vs. Vijay Kumar & Ors [1974] INSC 85 (9 April 1974)

Judgement Date : 09 Apr 1974

Citation : 1974 Latest Caselaw 85 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In 1953, Defendant 1 executed a mortgage deed on behalf of himself and his minor son, Defendant 2, in favor of the plaintiff. Defendant 3, another son of Defendant 1, was born after the mortgage deed was created. In 1956, the defendants executed a registered deed of partition, which allocated the mo...

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Management Committee T. K. Ghosh's Academy Vs. T. C. Palit & Ors [1974] INSC 86 (9 April 1974)

Judgement Date : 09 Apr 1974

Citation : 1974 Latest Caselaw 86 SC

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

Bombay Gas Co. Ltd. Vs. Jagan Nath Pandurang & Ors [1972] INSC 93 (22 March 1972)

Headnote :

The plaintiff-respondents initiated a lawsuit seeking to evict the defendant-appellant from the disputed property and to recover a specified sum for unpaid rent.Conversely, the defendant-appellant argued that, according to the deed of trust, they had the right to occupy the premises without paying r...

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Bihar State Board of Hindu Religious Trusts Vs. Bhubneshwar Prasad Choudhary & ANR [1974] INSC 87 (9 April 1974)

Judgement Date : 09 Apr 1974

Citation : 1974 Latest Caselaw 87 SC

Deoki Nandan Vs. Murlidhar [1956] INSC 53 (4 October 1956)

Headnote :

The family members executed several documents that resulted in them completely relinquishing any title or interest in certain properties dedicated to a deity, thus transferring ownership of those properties to the deity. The appellant requested the respondent, who had been appointed as the shebait a...

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State of Himachal Pradesh & ANR Vs. Union of India & Ors [1974] INSC 88 (10 April 1974)

Judgement Date : 10 Apr 1974

Citation : 1974 Latest Caselaw 88 SC

Headnote :

The appellants were promoted from Sub-Inspectors to Inspectors of taxation in the former State of Punjab on April 1, 1966. They were assigned to the State of Himachal Pradesh on November 1, 1966, which was the designated date under the Punjab Reorganisation Act, 1966. On that same date, the responde...

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Anil Kumar Bose Vs. State of Bihar [1974] INSC 89 (10 April 1974)

Judgement Date : 10 Apr 1974

Citation : 1974 Latest Caselaw 89 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellants, an accountant and a cashier, along with another individual, faced allegations of creating fraudulent pay bills and distributing funds from the treasury to non-existent individuals. The Sessions Judge found them guilty and sentenced them under Section 420 in conjunction with Section 3...

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Gurdit Singh & Ors Vs. State of Punjab & Ors [1974] INSC 90 (10 April 1974)

Judgement Date : 10 Apr 1974

Citation : 1974 Latest Caselaw 90 SC

Headnote :

The lands in question were inherited by appellants 2 and 3, the sons of the first appellant, from their grandfather. Following the testator\'s death, mutations favoring appellants 2 and 3 were recorded in the revenue records in 1939. In 1944, the first appellant managed to have the land registered i...

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Maganlal Chhagganlal (P) Ltd. Vs. Municipal Corporation of Greater Bombay & Ors [1974] INSC 91 (11 April 1974)

Judgement Date : 11 Apr 1974

Citation : 1974 Latest Caselaw 91 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Chapter VA was added to the Bombay Municipal Corporation Act of 1888 through Maharashtra Act 14 of 1961, encompassing sections 105A to 105H. Section 105A(d) defines unauthorized occupation. According to section 105B(p), the Commissioner can issue a notice to individuals in unauthorized occupation, r...

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Ramautar Lal Jain Vs. Maya Kaur & Ors [1974] INSC 92 (11 April 1974)

Judgement Date : 11 Apr 2021

Citation : 1974 Latest Caselaw 92 SC

Motor Vehicles Act, 1939

Dhani Devi Vs. Sant Bihari & Ors [1968] INSC 253 (18 October 1968)

Headnote :

The issue at hand is whether the Regional Transport Authority had the authority under section 46 of the Motor Vehicles Act to permit or deny the substitution of heirs in the event of the death of an applicant seeking a stage carriage permit prior to the issuance of that permit.

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Ramagya Prasad Gupta & Ors Vs. Murli Prasad & Ors [1974] INSC 93 (11 April 1974)

Judgement Date : 11 Apr 1974

Citation : 1974 Latest Caselaw 93 SC

Code of Civil Procedure, 1908 (CPC)
Indian Electricity Act, 1910
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void

Headnote :

One M acquired a license for the electrification of Chapra town. This license was later transferred to J and subsequently to the Chapra Electric Supply Co. Ltd, which voluntarily liquidated in 1944. Following this, five individuals formed an oral partnership agreement to purchase the business, with...

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Onkarnath Singh & Ors Vs. The State of U. P [1974] INSC 94 (15 April 1974)

Judgement Date : 15 Apr 1974

Citation : 1974 Latest Caselaw 94 SC

CrPC Section 342. Power to order court
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 300. Murder

Headnote :

The absence of an explanation for the injuries sustained by the accused is a factual matter rather than a legal one. The resolution of this issue relies on the specific circumstances of each case. The entire prosecution\'s case cannot be dismissed solely because the witnesses did not clarify the inj...

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Sankaran Govindan Vs. Lakshmi Bharathi & Ors [1974] INSC 95 (15 April 1974)

Judgement Date : 15 Apr 1974

Citation : 1974 Latest Caselaw 95 SC

Constitution of India

Headnote :

K traveled to England in 1920 to pursue advanced studies in medicine and subsequently practiced there. He passed away in 1950, leaving behind a house, movable properties, and money. A partition suit was filed in India concerning K\'s assets, with his brother and sister named as defendants 1 and 2. F...

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Bishan Sarup Gupta Vs. Union of India & Ors [1974] INSC 96 (16 April 1974)

Judgement Date : 16 Apr 1974

Citation : 1974 Latest Caselaw 96 SC

Constitution of India

Headnote :

This Court resolved the aforementioned appeals on August 16, 1972.The Court annulled the seniority list created by the Department on July 15, 1968, and provided instructions on how a new list should be formulated. The Court determined that the Government\'s action to promote a significant number of...

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Dhan Singh Ramkrishna Chaudhri & Ors Vs. Laxminarayan Ramkishan & ANR [1974] INSC 97 (16 April 1974)

Judgement Date : 16 Apr 1974

Citation : 1974 Latest Caselaw 97 SC

Section 114. TPA, Relief against forfeiture for non-payment of rent.

Headnote :

If the landlord and tenant agree on a rent amount, according to section 7 of the Bombay Tenancy and Agricultural Lands Act, 1948, the tenant\'s rent will be subject to the maximum rate set by the State Government under section 6 of the Act. Prior to 1956, section 25(2) of the Act stipulated that if...

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S. Kodar Vs. State of Kerala [1974] INSC 98 (17 April 1974)

Judgement Date : 17 Apr 1974

Citation : 1974 Latest Caselaw 98 SC

Constitution of India

Headnote :

The Tamil Nadu Additional Sales-tax Act of 1970 introduced an extra sales tax of 5% for dealers whose annual turnover exceeded Rs. ten lakhs. The High Court dismissed writ petitions challenging the constitutional validity of the Act. In the appeal, it was argued that (i) the State legislature lacked...

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Press Trust of India & ANR Vs. Union of India & ANR [1974] INSC 99 (23 April 1974)

Judgement Date : 23 Apr 1974

Citation : 1974 Latest Caselaw 99 SC

Constitution of India

Headnote :

On October 27, 1967, the Central Government issued an order that largely accepted the recommendations made by the Wage Board established under Section 9 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, regarding the wages of working journalists. The Press Tr...

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Jagta Vs. State of Haryana [1974] INSC 100 (23 April 1974)

Judgement Date : 23 Apr 1974

Citation : 1974 Latest Caselaw 100 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 376. Punishment for rape
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The defendant was found guilty of murder and attempted rape. The case against him was based solely on circumstantial evidence, which included: (a) the recovery of minor jewelry belonging to the victim, (b) a confession he made outside of court to one of the witnesses for the prosecution, (c) his pre...

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Central Inland Water Transport Corporationltd. Vs. The Workmen & ANR [1974] INSC 101 (23 April 1974)

Judgement Date : 23 Apr 1974

Citation : 1974 Latest Caselaw 101 SC

Industrial Disputes Act, 1947

Headnote :

The River Steam Navigation Co. Ltd. previously employed around 9,000 workers. However, due to significant financial losses over several years, the company undertook extensive retrenchment. Subsequently, on August 25, 1965, a settlement was reached between the company and its workers, which included...

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H. L. Mehra Vs. Union of India [1974] INSC 102 (23 April 1974)

Judgement Date : 23 Apr 1974

Citation : 1974 Latest Caselaw 102 SC

Headnote :

The appellant served in the Government of India within the P.&T. department and was assigned as an officer on special duty in Goa following its liberation on December 20, 1961. He held this position from December 25, 1961, until August 11, 1962, when he was transferred to Allahabad.While in Allahaba...

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Mattulal Vs. Radhe Lal [1974] INSC 103 (23 April 1974)

Judgement Date : 23 Apr 1974

Citation : 1974 Latest Caselaw 103 SC

Headnote :

The landlord, having been unsuccessful in regaining possession of the non-residential premises from the appellant, entered into a lease agreement granting the appellant a two-year lease of the premises. After the lease expired, the appellant remained in possession as a monthly tenant. Two years late...

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Andhra Industrial Works, A. P. Vs. Chief Controller of Imports & Ors [1974] INSC 104 (26 April 1974)

Judgement Date : 26 Apr 1974

Citation : 1974 Latest Caselaw 104 SC

Constitution of India

Headnote :

The petitioner-firm submitted four applications between November 1969 and November 1970 for the period of April 1969 to March 1970, seeking licenses to import stainless steel sheets and electrolytic copper wire bars for the production of automobile parts. The Deputy Chief Controller of Imports and E...

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M/S. S. K. G. Sugar Ltd. Vs. State of Bihar & Ors [1974] INSC 105 (26 April 1974)

Judgement Date : 26 Apr 1974

Citation : 1974 Latest Caselaw 105 SC

Government of India Act, 1935

Headnote :

The Bihar Sugar Factories Control Act (7 of 1937) was initially a temporary law, which had its duration extended multiple times until it was permanently reenacted by Bihar Act 7 of 1955.In 1963, Bihar Act 17 amended the Act retroactively from January 1, 1962, by introducing a new section 29 that aut...

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The Ahmedabad St. Xaviers College Society & ANR Vs. State of Gujarat & ANR [1974] INSC 106 (26 April 1974)

Judgement Date : 26 Apr 1974

Citation : 1974 Latest Caselaw 106 SC

Constitution of India

Headnote :

The first petitioner, a religious denomination, operates a college aimed at providing higher education to both Christian and other students. This college was granted affiliation under Section 33 of the Gujarat University Act, 1949, as amended in 1972.The University Senate passed a resolution stating...

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Pradip Kumar Das & Ors Vs. State of West Bengal & Ors [1974] INSC 107 (29 April 1974)

Judgement Date : 29 Apr 1974

Citation : 1974 Latest Caselaw 107 SC

Preventive Detention Act, 1950

Masood Alam Vs. Union of India & Ors [1973] INSC 7 (11 January 1973)
Sambhu Nath Sarkar Vs. The State of West Bengal & Ors [1973] INSC 86 (19 April 1973)
Chotka Hembram Vs. State of West Bengal & Ors [1973] INSC 155 (29 August 1973)
Ujjal Mandal Vs. State of West Bengal [1972] INSC 23 (21 January 1972)

Headnote :

The petitioners were held in custody under the Maintenance of Internal Security Act, 1971, following their release due to the ruling of this Court in Shambhu Nath Sarkar v. State of West Bengal [1974] 1 S.C.R. 1, based on the same reasons as the previous detention orders. The petitioners contested t...

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Chief Commissioner, Delhi & Ors Vs. Federation of Indian Chambers of Commerce and Industry [1974] INSC 108 (30 April 1974)

Judgement Date : 30 Apr 1974

Citation : 1974 Latest Caselaw 108 SC

Factories Act, 1948
Industrial Disputes Act, 1947
Societies Registration Act, 1860

Headnote :

The Chief Inspector of Shops and Establishments mandated the respondent to register its establishment under the Delhi Shops and Establishments Act, 1954. The respondent argued that it did not qualify as an \'establishment\' as defined in section 2(9), which refers to \'a shop or a commercial establi...

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Fida Ali & Ors Vs. State of Jammu and Kashmir [1974] INSC 109 (30 April 1974)

Judgement Date : 30 Apr 1974

Citation : 1974 Latest Caselaw 109 SC

Constitution of India
Gwalior

Headnote :

In this writ petition, the constitutional validity of the Jammu and Kashmir Agrarian Reforms Act of 1972 and its associated rules has been contested. The primary issue to be resolved is whether the Act is safeguarded under Article 31A of the Constitution, as it applies to the State of Jammu and Kash...

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Pandia Nadar & Ors Vs. The State of Tamil Nadu & Ors [1974] INSC 110 (30 April 1974)

Judgement Date : 30 Apr 1974

Citation : 1974 Latest Caselaw 110 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Notices were served to the petitioners under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, for their eviction, and they contested the constitutional validity of the Act, referencing the ruling in Northern India Caterers v. Punjab. [1967] 3 S.C.R. 399.The petitions were dismissed.

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