Caselaw | Supreme Court Judgements of december 1974

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Labhchand Dhanpat Singh Jain Vs. The State of Maharashtra [1974] INSC 256 (3 December 1974)

Judgement Date : 03 Dec 1974

Citation : 1974 Latest Caselaw 254 SC

CrPC Section 342. Power to order court
Customs Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 414. Assisting in concealment of stolen property

Headnote :

The appellant was apprehended due to his suspicious behavior, and during a search, nine gold bars with foreign markings were discovered hidden in specially designed concealed pockets of his trousers. When he was presented to the Additional Chief Inspector of Customs, he provided a statement recorded...

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State of Bihar & ANR Vs. Dr. Asis Kumar Mukherjee & Ors [1974] INSC 257 (3 December 1974)

Judgement Date : 03 Dec 1974

Citation : 1974 Latest Caselaw 255 SC

Indian Medical Council Act, 1956

Headnote :

Respondent No. 1, along with two other candidates, applied for one of the lecturer positions at government-run medical colleges in the State. A key qualification for the role was \"teaching experience in a teaching institution.\" While the respondent met the other academic qualifications, the State...

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Shaik Jaffar Shaik Mahmood & Ors Vs. Mohd. Pasha Hakkani Sahab & Ors [1974] INSC 258 (3 December 1974)

Judgement Date : 03 Dec 1974

Citation : 1974 Latest Caselaw 256 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The landlords, who are the respondents, submitted a request to the Rent Controller seeking to evict the appellant-tenants due to non-payment of rent and personal necessity, as per the Hyderabad Houses (Rent, Eviction and Lease) Control Act of 1954. However, the Rent Controller rejected the landlords...

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Rajal Das Guru Namal Pamanani Vs. The State of Maharashtra [1974] INSC 259 (3 December 1974)

Judgement Date : 03 Dec 1974

Citation : 1974 Latest Caselaw 257 SC

Prevention of Food Adulteration Act, 1954

Headnote :

The appellant, a grocer, sold compounded asafoetida in sealed tins obtained from a licensed manufacturer. He stored it correctly and sold it in the same condition as he received it. However, the Food Inspector collected a sample of 100 grams instead of the required 200 grams as per rule 22. Upon ana...

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Ganpat Vs. Returning Officer & Ors [1974] INSC 260 (4 December 1974)

Judgement Date : 04 Dec 1974

Citation : 1974 Latest Caselaw 258 SC

Headnote :

In the election for the State Legislative Assembly to fill a seat reserved for members of the scheduled castes from Nagpur, the second respondent was declared the winner. The appellant contested the election, arguing, among other things, that the second respondent was no longer a Hindu due to their...

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Hans Raj Kehar & Ors Vs. The State of U.P. & Ors [1974] INSC 261 (4 December 1974)

Judgement Date : 04 Dec 1974

Citation : 1974 Latest Caselaw 259 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

To facilitate the process of obtaining permits for non-nationalised routes and to streamline the associated procedures, section 47 of the Motor Vehicles Act was revised by adding section 43-A through the Motor Vehicles (U.P. Amendment) Act of 1972. This new section allows the State Government, if it...

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Srilal Shaw Vs. The State of West Bengal & Ors [1974] INSC 262 (4 December 1974)

Judgement Date : 04 Dec 1974

Citation : 1974 Latest Caselaw 260 SC

Constitution of India
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Railway Property (Unlawful Possession) Act, 1966

Headnote :

The petitioner in this habeas corpus case has contested the legitimacy of the detention order issued on August 28, 1973, under the Maintenance of Internal Security Act, 1971. The petitioner argues that they were accused of actions detrimental to the maintenance of essential supplies and services for...

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Amrit Lal Berry Vs. Collector of Central Excise, New Delhi & Ors [1974] INSC 263 (10 December 1974)

Judgement Date : 10 Dec 1974

Citation : 1974 Latest Caselaw 261 SC

Constitution of India

Union of India & Ors Vs. M. Ravi Varma & Ors [1972] INSC 2 (4 January 1972)

Headnote :

The Ministry of Home Affairs issued a memorandum on June 22, 1949, stating that the seniority of government employees should be based on their appointment date rather than their confirmation date. In the seniority list published by the Excise Department in 1958, the appellant was appropriately place...

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Harihar Prasad Singh & Ors Vs. Balmiki Prasad Singh & Ors [1974] INSC 264 (10 December 1974)

Judgement Date : 10 Dec 1974

Citation : 1974 Latest Caselaw 262 SC

Daya Ram & Ors Vs. Shyam Sundari [1964] INSC 190 (8 September 1964)
Ram Sarup Vs. Munshi & Ors [1962] INSC 246 (30 August 1962)
The State of Punjab Vs. Nathu Ram [1961] INSC 203 (1 May 1961)

Headnote :

A lawsuit was initiated by the plaintiffs who claimed their right to inherit the estate of R, a Bhumihar Brahmin. Their claim was based on a unique family custom, as under standard Hindu Law, they would not qualify to inherit due to their distant relation to R. To substantiate the existence of this...

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Bela Das & Ors Vs. Samarendra Nath Bose [1974] INSC 265 (11 December 1974)

Judgement Date : 11 Dec 1974

Citation : 1974 Latest Caselaw 263 SC

Headnote :

The respondent was a tenant of certain premises. Following a decree in a partition suit, the premises were allocated to the appellants, who subsequently filed an eviction suit.They also submitted an application under section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, se...

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Gora Vs. The State of West Bengal [1974] INSC 266 (11 December 1974)

Judgement Date : 11 Nov 1974

Citation : 1974 Latest Caselaw 264 SC

Headnote :

The petitioner was ordered to be detained by the District Magistrate under the Maintenance of Internal Security Act, 1971, to prevent him from engaging in activities detrimental to public order. This order was issued on December 29, 1973, and the State Government was informed of it on January 2, 197...

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A.K. Subraman & Ors Vs. Union of India & Ors [1974] INSC 267 (11 December 1974)

Judgement Date : 11 Dec 1974

Citation : 1974 Latest Caselaw 265 SC

Headnote :

The petitioners, who served as Assistant Engineers (Class II), were promoted to act as Executive Engineers in the Class I Central Engineering Service by a duly formed Departmental Promotion Committee. Respondents 4 to 66 were initially appointed as Assistant Executive Engineers (Class I) and later a...

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Firm of Pratapchand Nopaji Vs. Firm of Kotrike Venkatta Setty & Sons [1974] INSC 268 (12 December 1974)

Judgement Date : 12 Dec 1974

Citation : 1974 Latest Caselaw 266 SC

Section 23. What consideration and objects are lawful, and what not
Section 30. Agreements by way of wager, void

Headnote :

The appellant firm initiated legal action to recover amounts owed to it for indemnification under Section 222 of the Contract Act, based on claims that it had made payments to third parties on behalf of the respondents, who allegedly instructed the appellant to engage in \'Badla\' transactions for t...

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Sarwan Singh Vs. The State of Punjab & Ors [1974] INSC 269 (12 December 1974)

Judgement Date : 12 Dec 1974

Citation : 1974 Latest Caselaw 267 SC

Land Acquisition Act, 1894

Headnote :

The appellants\' property within the municipality was taken for a development project by the Improvement Trust. A notification was issued under section 36 of the Punjab Town Improvement Act of 1922. Dissatisfied with the award given by the Land Acquisition Collector of the Improvement Trust and the...

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Daniraiji Vrajlalji, Junagadh Vs. Vahuji Maharaj Shri Chandraprabha [1974] INSC 270 (13 December 1974)

Judgement Date : 13 Dec 1974

Citation : 1974 Latest Caselaw 268 SC

Constitution of India
Hindu Adoptions and Maintenance Act, 1956

Headnote :

Section 4(a) of the Hindu Adoptions and Maintenance Act, 1956, stipulates that any custom of Hindu law that was in effect immediately prior to the Act\'s commencement will no longer apply to any matters addressed by the Act. Section 15 states that once an adoption is validly completed, it cannot be...

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Suresh Prasad Yadav Vs. Jai Prakash Mishra & Ors [1974] INSC 271 (13 December 1974)

Judgement Date : 13 Dec 1974

Citation : 1974 Latest Caselaw 269 SC

Representation of the People Act, 1951

Headnote :

In the election for the 168-Katoria Bihar Legislative Assembly constituency, Respondent No. 1 was declared the winner with 16,649 votes, while the appellant received 16,074 votes. There were 1,219 invalid votes. The appellant filed an election petition contesting the election of the declared candida...

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Charan Singh & ANR Vs. Darshan Singh & Ors [1974] INSC 272 (17 December 1974)

Judgement Date : 17 Dec 1974

Citation : 1974 Latest Caselaw 270 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondents filed a lawsuit against appellant No. 1 seeking a permanent injunction to prevent him from interfering with the Guru Granth Sahib during religious recitals at the Darbar Sahib, as well as to protect their rights to recite the Guru Granth Sahib and participate in religious gatherings...

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Food Corporation of India Vs. M/S. Thakur Shipping Co. Ltd. & Ors [1974] INSC 273 (19 December 1974)

Judgement Date : 19 Dec 1974

Citation : 1974 Latest Caselaw 271 SC

Indian Carriage of Goods by Sea Act, 1925

Headnote :

The appellant chartered two vessels owned by the two respondents to transport rice from Thailand to India. The charter agreement stipulated that any disputes should be settled by two arbitrators, one appointed by the owners and the other by the charterers. The appellant filed claims against one resp...

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Sterling General Insurance Co. Ltd. Vs. Planters Airways Pvt. Ltd. [1974] INSC 274 (19 December 1974)

Judgement Date : 19 Dec 1974

Citation : 1974 Latest Caselaw 272 SC

Headnote :

The respondent, a common carrier of goods, had obtained three annual transit insurance policies from the appellant. The freight policy acquired in January 1969 covered the risk of loss or damage to goods during transit. In June 1971, the respondent informed the appellant that it had received a consi...

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Jiwan Singh Vs. Rajendra Prasad & ANR [1974] INSC 275 (19 December 1974)

Judgement Date : 19 Dec 1974

Citation : 1974 Latest Caselaw 273 SC

Headnote :

The first respondent took possession of the two contested shops on September 19, 1966, with the landlord\'s explicit consent and subsequently applied to the Rent Control Officer for their allotment. However, on November 15, 1966, the landlord withdrew his consent, notifying the Rent Control Officer...

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N. Vimala Devi Vs. K. Madhusudhana Reddy [1974] INSC 276 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 274 SC

Representation of the People Act, 1951

Headnote :

In the election for the State Legislative Assembly, the respondent was declared the winner. The appellant, who lost the election, claimed in her election petition that the respondent engaged in several corrupt practices, the most significant being the distribution of a defamatory pamphlet about her,...

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Abdul Hussain Mir Vs. Shamsul Huda & ANR [1974] INSC 277 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 275 SC

Representation of the People Act, 1951

Ghasi Ram Vs. Dal Singh & Ors [1968] INSC 31 (7 February 1968)

Headnote :

The appellant is a Muslim whose mother, originally a tribal Hindu, converted to Islam just before marrying a Muslim. In the elections for the Assam Legislative Assembly from a constituency that is a tribal area with a diverse mix of tribes, predominantly Hindu, plainsmen Hindus, and nearly 80% Musli...

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Rangnath Vs. Daulatrao & Ors [1974] INSC 278 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 276 SC

Constitution of India

Headnote :

The appellant was the Inamdar, while respondent no. 1 was the tenant of the disputed land when the Hyderabad Abolition of Inams and Cash Grants Act, 1954 came into effect regarding the land in question. As a result of this Abolition Act, the appellant\'s Inam was abolished and transferred to the Sta...

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K. Balasubramania Chetty Vs. N. M. Sambandamoorthy Chetty [1974] INSC 279 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 277 SC

Code of Civil Procedure, 1908 (CPC)
Kancheepuram
Motor Vehicles Act, 1939

Headnote :

The Regional Transport Authority issued a stage carriage permit to the respondent over the appellant, reasoning that the respondent operated a single bus while the appellant held four stage carriage permits, including a recently acquired one. Conversely, the State Transport Appellate Tribunal noted...

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Amarjit Singh Ahluwalia Vs. The State of Punjab & Ors [1974] INSC 280 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 278 SC

Headnote :

As of July 15, 1964, the Provincial Civil Medical Service and the Public Health Service of the State were merged into a single service. Following this merger, the Class I and Class II positions from the respective services were aligned to Class I and II in the new combined cadre. The District Medica...

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Rukmani Bai Gupta Vs. State Government of Madhya Pradesh Bhopal& Ors [1974] INSC 281 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 279 SC

Headnote :

The respondent-Government, exercising the authority granted under Section 15 of the Mines and Minerals (Regulation and Development) Act of 1957, established the Madhya Pradesh Minor Mineral Rules in 1961 to facilitate the issuance of prospecting licenses and mining leases for minor minerals. Accordi...

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Ram Bali Rajbhar Vs. The State of West Bengal & Ors [1974] INSC 282 (20 December 1974)

Judgement Date : 20 Dec 1974

Citation : 1974 Latest Caselaw 280 SC

Constitution of India
General Clauses Act, 1897

Headnote :

The petitioner was held under MISA based on allegations that he and his associates threw bombs at a tea stall and a watch repair shop on two separate occasions, causing damage to furniture and watch displays, jeopardizing public safety, and significantly disrupting public order.In a habeas corpus pe...

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