Caselaw | Supreme Court Judgements of august 1974

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Kaviraj Basudevanand Vs. Mahant Harihar Gir & Ors [1974] INSC 131 (1 August 1974)

Judgement Date : 01 Aug 1974

Citation : 1974 Latest Caselaw 129 SC

Headnote :

The appellant's predecessor, who was one of the intermediaries of certain villages filed a suit for partition and a preliminary decree was passed therein. In 1950, the Bihar Land Reforms Act came into force and all these villages vested in the State. The parties entered into a compromise but the...

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Amarjit Kaur Vs. Pritam Singh & Ors [1974] INSC 132 (6 August 1974)

Judgement Date : 06 Aug 1974

Citation : 1974 Latest Caselaw 130 SC

Headnote :

Section 3 of the Punjab Pre-emption (Repeal) Act, 1973. which came into force in April 1973, provides that don and from the date of the commencement of the Act, no court shall pass a decree in any pre-emption suit. The 4th defendant sold his property to defendants 1 to1965 and the Plaintiff fi...

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State of Mysore Vs. Allum Karibasappa & Ors [1974] INSC 133 (6 August 1974)

Judgement Date : 06 Aug 1974

Citation : 1974 Latest Caselaw 131 SC

Headnote :

Pursuant to an inspection report submitted by the Reserve Bank of India pointing out many irregularities in the working of a district Co-operative Central Bank, the State Government issued two notifications under s. 54 of the Mysore Co-operative Societies Act, 1959. By the first notification the Com...

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Shri Mandir Sita Ramji Vs. Lt. Governor of Delhi & Ors [1974] INSC 134 (6 August 1974)

Judgement Date : 06 Aug 1974

Citation : 1974 Latest Caselaw 132 SC

Land Acquisition Act, 1894

Headnote :

The Delhi Administration issued a notification under s. 4 of the Land Acquisition Act, 1894, stating that certain land was needed for a public purpose. The appellant-Society filed an objection under s. 5A that a part of the land belonged to a religious trust. The Land Acquisition Collector then call...

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Sawal Das Vs. The State of Bihar [1974] INSC 135 (7 August 1974)

Judgement Date : 07 Aug 1974

Citation : 1974 Latest Caselaw 133 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender

Headnote :

The applicant, was convicted and sentenced for an offence under ss. 302/34, 1. P. C. In respect of his conviction under s. 201, I. P. C. no separate sentence was imposed by the trial court. The High Court converted the conviction to one under s. 302 simpliciter but maintained his conviction under s....

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Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)

Judgement Date : 08 Aug 1974

Citation : 1974 Latest Caselaw 134 SC

Representation of the People Act, 1951

Headnote :

In the General Election to a State Assembly held from a constituency where the voting strength of Muslims was preponderant, the appellant was declared elected. The first respondent, who was a sitting minister before his defeat, challenged the election on various grounds of corrupt practices. The Hig...

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Mysore State Road Transport Corporation Vs. Mysore State Transport Tribunal [1974] INSC 137 (8 August 1974)

Judgement Date : 08 Aug 1974

Citation : 1974 Latest Caselaw 135 SC

Constitution of India
Gwalior
Motor Vehicles Act, 1939

Headnote :

The Mysore State Road Transport Corporation operates on the notified route under Ch. IV of the Motor Vehicles Act, 1939, between Hiriyur and V.V. Sagar. It objected to the renewal of a permit to the third respondent for the route Hiriyur to Chitradurga and back via V. V. Sagar, Hosadurga and Janakal...

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Asho Devi Vs. Dukhi Sao & ANR [1974] INSC 138 (8 August 1974)

Judgement Date : 08 Aug 1974

Citation : 1974 Latest Caselaw 136 SC

Code of Civil Procedure, 1908 (CPC)

Ladli Prasad Jaiswal Vs. Karnal Distillery Co. Ltd. & Ors [1962]375 (17 December 1962)

Headnote :

The plaintiff/appellant filed a money suit against the defendant for recovery of Rs. 7,865 .70 due from him on account of sale of grains and Rs. 1,512.90 as interest. The defendant admitted the purchase of grain but denied stipulation of interest contending that he had borrowed Rs.6,000/- from the p...

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Surendra Pal & Ors Vs. Saraswati Arora & ANR [1974] INSC 139 (9 August 1974)

Judgement Date : 09 Aug 1974

Citation : 1974 Latest Caselaw 137 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

In April,1959, the testator's wife died leaving behind four daughters and a son. Two of the daughters were married to persons in affluent circumstances. The son was not living with his father at the time of his death and the other two daughters were living with the brother. The relations between...

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K. Ramadas Shenoy Vs. The Chief Officers, Town Municipal Council, Udipi & Ors [1974] INSC 140 (9 August 1974)

Judgement Date : 09 Aug 1974

Citation : 1974 Latest Caselaw 138 SC

Headnote :

The respondent was granted a licence for the construction of Kalyan Mantapcum-Lecture Hall within the limits of the municipality, subject to the provisions of the Madras Public Health Act, 1939 and the Scheme framed under the Madras Town Planning Act, 1920. The Municipal Committee, by a resolution,...

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Sethu Madhavan Nair & Ors Vs. The State of Kerala [1974] INSC 141 (9 August 1974)

Judgement Date : 09 Aug 1974

Citation : 1974 Latest Caselaw 139 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 were tried for the offence of murder but were acquitted on the ground that there was no reliable and convincing evidence against them. The High Court reversed the judgment of acquittal and convicted and sentenced them. On the question whether the High Court was in error in reversin...

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Kuju Collieries Ltd. Vs. Jharkhand Mines Ltd. & Ors [1974] INSC 142 (12 August 1974)

Judgement Date : 12 Aug 1974

Citation : 1974 Latest Caselaw 140 SC

Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void

Headnote :

The appellant paid to the first respondent a large sum of money in respect of mining lease granted to it. the appellant (plaintiff) instituted a suit for recovery, of possession of the leased property or in the alternative for refund of the sum paid to the first respondent. After institution of the...

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Lqbal Ismail Sodawala Vs. The State of Maharashtra & Ors [1974] INSC 143 (13 August 1974)

Judgement Date : 13 Aug 1974

Citation : 1974 Latest Caselaw 141 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 366. Sentence of death to be submitted by Court of Session for confirmation
CrPC Section 419. Direction of warrant for execution
Indian Penal Code, 1860 (IPC)
IPC Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt

Headnote :

The petitioner was tried in the City Civil and Sessions Court, Greater Bombay for offences under ss. 392 and 397 I.P.C. The petitioner was found guilty of those offences and was sentenced as per judgment dt. May 12, 1972 to undergo.rigorous imprisonment for a period of 7 years. The petitioner was un...

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Isha Valimohamad & ANR Vs. Haji Gulam Mohamad & Haji Dada Trust [1974] INSC 144 (14 August 1974)

Judgement Date : 14 Aug 1974

Citation : 1974 Latest Caselaw 142 SC

Headnote :

The respondents let out the premises to the appellants in the year 1951 in a place governed by the Saurashtra Rent Control Act, 1951 which prohibited a tenant from subletting the premises. The appellant sublet the premises in violation of the Saurashtra Act at a time when Saurashtra Act was in force...

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Balak Ram Vs. The State of U.P [1974] INSC 145 (16 August 1974)

Judgement Date : 16 Aug 1974

Citation : 1974 Latest Caselaw 143 SC

Constitution of India
CrPC Section 107. Security for keeping the peace in other cases
CrPC Section 164. Recording of confessions and statements
CrPC Section 374. Appeals from convictions
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
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 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 394. Voluntarily causing hurt in committing robbery

Headnote :

Two persons, Tribeni Sahai and Radhey were shot dead in the town of Dataganj, District Budaun. The four appellants were tried along with two others by the learned Sessions Judge, Budaun, for various offences in connection with the incident. Balak Ram was convicted under sec. 302 IPC (Indian Penal c...

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State of Punjab Vs. Bhajan Singh & Ors [1974] INSC 146 (16 August 1974)

Judgement Date : 16 Aug 1974

Citation : 1974 Latest Caselaw 144 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 364. Kidnapping or abducting in order to murder

Headnote :

The four respondents were charged with the murder of three persons. The evidence in the case was circumstantial. The trial Court found them guilty relying on the facts : (a) that the accused wanted to grab the shares of the deceased in a property hence had a motive to commit the murder; (b) that thr...

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Kartar Singh Vs. Surjan Singh & Ors [1974] INSC 147 (16 August 1974)

Judgement Date : 16 Aug 1974

Citation : 1974 Latest Caselaw 145 SC

Headnote :

The first respondent's suit questioning the adoption of the appellant was dismissed by the trial court. The first appellate court held that the ceremony of giving and taking had not taken place and allowed the appeal. The single judge of the High Court held that the giving and taking had taken p...

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Gurdit Singh Aulakh Vs. The State of Punjab & Ors [1974] INSC 148 (16 August 1974)

Judgement Date : 16 Aug 1974

Citation : 1974 Latest Caselaw 146 SC

Sikh Gurdwaras Act, 1925

Headnote :

By an order dated September 10, 1965, A was removed from Membership of the Sikh Gurdwaras Tribunal and K was appointed to the vacancy so created. On October 18, 1966, the order of removal was quashed by the High Court. The ensuing. special leave petition was rejected by this Court. By two separat...

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Kali Kinkor Ganguly Vs. Panna Banerjee & Ors [1974] INSC 149 (16 August 1974)

Judgement Date : 16 Aug 1974

Citation : 1974 Latest Caselaw 147 SC

Headnote :

On the death of B who had the Shebaiti right of the deities in a temple, one of his two widows, carried on the sheba puja and on her death, her brother took possession of the temple premises. The other widow filed a suit and obtained a decree in her favour declaring her right to be entitled to the t...

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Hari Singh Mann Vs. The State of Punjab & Ors [1974] INSC 150 (20 August 1974)

Judgement Date : 20 Aug 1974

Citation : 1974 Latest Caselaw 148 SC

Headnote :

The appellant was appointed on 20 May, 1965, on two years' probation. On 1 July, 1967 there was an order extending the period of probation by one year. On May 20, 1968, there was an order terminating the services of the petitioner. On July 20, 1968 there was an order revoking the order of termin...

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Swami Parmatmanand Saraswati & ANR, Vs. Ramji Tripathi & ANR [1974] INSC 151 (21 August 1974)

Judgement Date : 21 Aug 1974

Citation : 1974 Latest Caselaw 149 SC

Headnote :

The head of a math, executed a will by which he nominated a panel of four persons in order of choice to succeed him as head. After his death. the first respondent, who was the first in the panel, accepted the office. But A section of the worshippers installed K. an outsider, as the head of the math,...

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Haradhan Saha & ANR Vs. The State of West Bengal & Ors [1974] INSC 152 (21 August 1974)

Judgement Date : 21 Aug 1974

Citation : 1974 Latest Caselaw 150 SC

Constitution of India
CrPC Section 89. Arrest on breach of bond for appearance
General Clauses Act, 1897

Biram Chand Vs. State of Uttar Pradesh & Ors [1974] INSC 74 (28 March 1974)

Headnote :

The petitioners were detained under the Act for acting in a manner prejudicial to the maintenance of supplies and services essential to the community. In the one case, the ground of detention was that the petitioner in collusion with his father had hoarded food grains, that he had no licence as requ...

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V. B. Raju & Ors Vs. State of Gujarat & Ors [1974] INSC 153 (22 August 1974)

Judgement Date : 22 Aug 1974

Citation : 1974 Latest Caselaw 151 SC

Constitution of India

Headnote :

Under Regulation 561 of the Civil Service Regulations a member of the Indian Civil Service, who joined after 1921, was entitled on retirement to an annuity of Rs. 10666-10-8 subject to a minimum of & 1000. Regulation 983 provided that such Officers were entitled to payment of annuity, at the opt...

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The Official Liquidator Vs. Raghava Desikachar & Ors [1974] INSC 154 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 152 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Respondent No. 5, who was the Managing Director of a limited company, resigned his post and in his capacity as a shareholder filed an application in the District Court for compulsory winding up of the company, which was ordered. The Official Liquidator made an application before the District Judg...

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State of U.P. Vs. Durga Prasad [1974] INSC 155 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 153 SC

CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
IPC Section 191. Giving false evidence
IPC Section 193. Punishment for false evidence
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding
Railway Protection Force Act, 1957

Headnote :

The respondent was working as a turner in the Railway workshop. He was found in possession of properties belonging to the Railways. The Sub-Inspector of Railway Protection Force inquired into the case under section 8(1) of the Act. During the course of enquiry he recorded statements of 3 persons. Th...

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Shamsher Singh & ANR Vs. State of Punjab [1974] INSC 156 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 154 SC

Constitution of India

Sardari Lal Vs. Union of India & Ors [1971] INSC 21 (21 January 1971)

Headnote :

The appellant Shamsher Singh was a Subordinate Judge on probation. His services were terminated by the Government of Punjab in the name of Governor of Punjab by an order which did not give any reasons for the termination. Likewise, the services of Ishwar Chand Agarwal were also terminated by the...

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Aflatoon & Ors Vs. Lt. Governor of Delhi & Ors [1974] INSC 157 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 155 SC

Constitution of India
Land Acquisition Act, 1894

Headnote :

A notification under sec. 4 of the Land Acquisition Act was issued on Nov. 13, 1959, stating that an area of 34,070 acres of land was needed for a public purpose, viz. the planned development of Delhi. Between 1959 and 1961, about six thousand objections were filed under sec. 5A of the Act. The o...

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Bishan Chand & Ors Vs. Sarabjit Singh & Ors [1974] INSC 158 (27 August 1974)

Judgement Date : 27 Aug 1974

Citation : 1974 Latest Caselaw 156 SC

Headnote :

The appellants belonged to Pepsi% Service. On 20th October, 1956 they held been promoted from the position of SubInspectors to Inspectors. On 1 Nov, 1956 there was the reorganisation of the State of Punjab. Pepsu became merged in Punjab. The appellants became integrated with other Inspectors working...

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Godhu & ANR Vs. State of Rajasthan [1974] INSC 159 (27 August 1974)

Judgement Date : 27 Aug 1974

Citation : 1974 Latest Caselaw 157 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 364. Kidnapping or abducting in order to murder

Headnote :

The appellants B and G were charged with offences under ss. 302 and 364 I.P.C. but were acquitted for an offence under s. 364 IPC. The deceased had made a dying declaration that he was taken forcibly into B's baithak and was shot at. At the trial B stated that he had fired at the deceased in sel...

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Maruti Bala Raut Vs. Dashrath Babu Wathare & Ors [1974] INSC 160 (27 August 1974)

Judgement Date : 27 Aug 1974

Citation : 1974 Latest Caselaw 158 SC

Constitution of India

Dahya Lal & Ors Vs. Rasul Mohammed Abdul Rahim [1962] INSC 188 (3 May 1962)

Headnote :

In the year 1948 Miraj State was merged in the then Bombay Province and from that date the Bombay Tenancy Act 1939 became applicable to the lands in question. The question arose whether the appellant was a tenant at the time the Bombay Tenancy Act 1939 was made applicable and would therefore be a pr...

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Mohanlal Ishvardas Panchal Vs. Union of India & Ors [1974] INSC 161 (28 August 1974)

Judgement Date : 28 Aug 1974

Citation : 1974 Latest Caselaw 159 SC

Administration of Evacuee Property Act, 1950

Headnote :

One of the shareholders of K company, of which the appellant was the Chairman, was B company holding 12,100 shares in K Company. The capital of B company was made up of 10,000 shares, of which 9998 shares were held by three shareholders and the other two by two shareholders of one share each. The...

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Shri Umed Vs. Raj Singh & Ors [1974] INSC 162 (28 August 1974)

Judgement Date : 28 Aug 1974

Citation : 1974 Latest Caselaw 160 SC

Representation of the People Act, 1951

Headnote :

With respect to the election to the State Legislative Assembly the last date for filing nominations was fixed on 11th February, 1972, and the last date for withdrawal of candidature was fixed on 14th February, 1972. The poll was held on 11th March, 1972 and the appellant, who polled the highest numb...

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Saraswati Industrial Syndicate Ltd. Vs. Union of India [1974] INSC 163 (30 August 1974)

Judgement Date : 30 Aug 1974

Citation : 1974 Latest Caselaw 161 SC

Essential Commodities Act, 1955

Headnote :

Clause 7(1) of the Sugar (Control) Order, 1966, gives the Central Govt. power to fix the maximum sugar price by notification in the official Gazette "from time to time." Clause 7(2) requires the Govt. to fix the price "having regard to the estimated cost of production of sugar on the...

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