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 predecessor of the appellant, who acted as an intermediary for certain villages, initiated a partition lawsuit, resulting in a preliminary decree. In 1950, the Bihar Land Reforms Act was enacted, leading to the vesting of all these villages in the State. Although the parties reached a compromise...

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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 took effect in April 1973, states that from the date the Act commenced, no court shall issue a decree in any pre-emption case.The fourth defendant sold his property to defendants 1 to 1965, and the plaintiff initiated a suit asserting a r...

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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 :

Following an inspection report from the Reserve Bank of India that highlighted numerous irregularities in the operations of a district Co-operative Central Bank, the State Government issued two notifications under section 54 of the Mysore Co-operative Societies Act, 1959. The first notification resu...

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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 section 4 of the Land Acquisition Act, 1894, indicating that certain land was required for a public purpose. The appellant-Society raised an objection under section 5A, claiming that part of the land belonged to a religious trust. The Land Acquisi...

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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 found guilty and sentenced for an offense under sections 302/34 of the Indian Penal Code (I.P.C.). The trial court did not impose a separate sentence for his conviction under section 201, I.P.C. The High Court changed the conviction to a straightforward one under section 302 but up...

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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 for a State Assembly held in a constituency with a significant Muslim voting population, the appellant was declared the winner. The first respondent, a sitting minister who lost the election, contested the results on several grounds of corrupt practices. The High Court annull...

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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 designated route as per Chapter IV of the Motor Vehicles Act, 1939, between Hiriyur and V.V. Sagar. It raised an objection to the renewal of a permit for the third respondent for the route from Hiriyur to Chitradurga and back via V. V. Saga...

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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 initiated a lawsuit against the defendant to recover Rs. 7,865.70 owed for the sale of grains, along with Rs. 1,512.90 in interest. The defendant acknowledged purchasing the grains but disputed the interest, claiming he had borrowed Rs. 6,000 from the plaintiff for his grandd...

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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 passed away, leaving behind four daughters and a son. Two of the daughters were married to wealthy individuals. At the time of the testator\'s death, the son was not living with his father, while the other two daughters resided with their brother. The relationship...

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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 received a license to construct the Kalyan Mantap-cum-Lecture Hall within the municipality\'s boundaries, in accordance with the Madras Public Health Act of 1939 and the regulations established under the Madras Town Planning Act of 1920. The Municipal Committee approved a resolution t...

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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 faced trial for murder but were found not guilty due to a lack of reliable and convincing evidence. However, the High Court overturned the acquittal, convicting and sentencing them instead.The issue at hand is whether the High Court made a mistake in reversing the acquittal determined...

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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 made a substantial payment to the first respondent concerning a mining lease that was granted to them. Subsequently, the appellant (plaintiff) filed a lawsuit seeking either the recovery of possession of the leased property or, alternatively, a refund of the amount paid to the first re...

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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 of Greater Bombay for offenses under sections 392 and 397 of the Indian Penal Code. He was found guilty and sentenced to rigorous imprisonment for 7 years as per the judgment dated May 12, 1972. While serving his sentence in Nagpur jail,...

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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 leased the premises to the appellants in 1951, in an area subject to the Saurashtra Rent Control Act, 1951, which prohibited tenants from subletting the premises. The appellants sublet the premises, violating the Saurashtra Act while it was still in effect. In 1963, the Saurashtra Ac...

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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 individuals, Tribeni Sahai and Radhey, were fatally shot in the town of Dataganj, District Budaun. The four appellants, along with two others, were tried by the Sessions Judge in Budaun for various offenses related to the incident. Balak Ram was found guilty under Section 302 of the Indian Penal...

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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 defendants were charged with the murder of three individuals. The case was based on circumstantial evidence. The trial court convicted them based on several factors: (a) the accused had a motive to commit the murder as they sought to acquire the deceased\'s shares in a property; (b) three o...

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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 trial court dismissed the first respondent\'s lawsuit challenging the appellant\'s adoption. The first appellate court determined that the ceremony of giving and taking had not occurred and subsequently granted the appeal. A single judge of the High Court found that the giving and taking had ind...

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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 :

On September 10, 1965, A was removed from his position on the Sikh Gurdwaras Tribunal, and K was appointed to fill the resulting vacancy. However, on October 18, 1966, the High Court overturned the removal order. The subsequent special leave petition was denied by this Court.On October 22, 1966, two...

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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 :

Upon the passing of B, who held the Shebaiti rights for the deities in a temple, one of his two widows continued the sheba puja. After her death, her brother took control of the temple premises. The other widow initiated legal action and secured a ruling in her favor, affirming her entitlement to th...

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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 May 20, 1965, with a probation period of two years. On July 1, 1967, this probation was extended by one year. On May 20, 1968, the petitioner\'s services were terminated. However, on July 20, 1968, the termination order was revoked, and the probation period was extende...

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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 leader of a math executed a will in which he designated a panel of four individuals in order of preference to succeed him. Following his death, the first respondent, who was the top choice on the panel, accepted the position. However, a faction of the worshippers appointed K., an outsider, as th...

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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 engaging in activities detrimental to the maintenance of essential supplies and services for the community. In one instance, the reason for detention was that the petitioner, in collusion with his father, had hoarded food grains without the necessary l...

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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 :

According to Regulation 561 of the Civil Service Regulations, members of the Indian Civil Service who joined after 1921 were entitled to a retirement annuity of Rs. 10,666-10-8, with a minimum of Rs. 1,000. Regulation 983 stated that these officers could choose to receive their annuity either in rup...

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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 served as the Managing Director of a limited company, resigned from his position and subsequently, in his role as a shareholder, submitted a petition to the District Court for the compulsory winding up of the company, which was granted.The Official Liquidator filed a motion wit...

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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 individual in question was employed as a turner at the Railway workshop and was discovered to be in possession of Railway property. The Sub-Inspector of the Railway Protection Force conducted an inquiry into the matter under section 8(1) of the Act. During this inquiry, he recorded statements fr...

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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 whose services were terminated by the Government of Punjab, acting in the name of the Governor, through an order that did not provide any reasons for the termination.Similarly, Ishwar Chand Agarwal\'s services were also terminated b...

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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 was issued on November 13, 1959, under Section 4 of the Land Acquisition Act, indicating that 34,070 acres of land was required for a public purpose, specifically for the planned development of Delhi. Between 1959 and 1961, approximately six thousand objections were submitted under Se...

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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 were part of Pepsi% Service. On October 20, 1956, they were promoted from Sub-Inspectors to Inspectors. Following the reorganization of the State of Punjab on November 1, 1956, Pepsu was merged into Punjab, and the appellants were integrated with other Inspectors in the Punjab State....

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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 faced charges under sections 302 and 364 of the Indian Penal Code (IPC), but they were acquitted of the charge under section 364 IPC. The deceased had made a dying declaration stating that he was forcibly taken into B\'s room and shot. During the trial, B claimed he shot the d...

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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 1948, Miraj State was incorporated into the Bombay Province, making the Bombay Tenancy Act of 1939 applicable to the lands in question from that date. A key issue arose regarding whether the appellant was a tenant when the Bombay Tenancy Act 1939 came into effect, which would determine if they qu...

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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, where the appellant served as Chairman, was B Company, which owned 12,100 shares in K Company. B Company\'s capital consisted of 10,000 shares, with 9,998 shares held by three shareholders and the remaining two shares held by two other shareholders, each owning...

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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 :

Regarding the election for the State Legislative Assembly, the deadline for submitting nominations was set for February 11, 1972, while the last day to withdraw candidacy was February 14, 1972. The election took place on March 11, 1972, and the appellant, who received the most votes, was declared el...

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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, empowers the Central Government to periodically set the maximum price for sugar through notifications in the official Gazette. Clause 7(2) mandates that the Government determine this price based on the estimated production costs of sugar as outlined in...

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