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 arrested because of his suspicious conduct, and, when he was searched, 9 bars of gold with foreign markings were found secreted in specially made concealed pockets of his trousers. When he was produced be- fore the Additional Chief Inspector of Customs he made 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 others, was a candidate for one of the Iwo posts of lecturers in the government run medical colleges in the State. One of the important qualifications prescribed for the post was "teaching experience in a teaching institution." The respondent satisfied the...

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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 respondent Landlords made an application to the Rent Controller for eviction of the appellant-tenants on the ground of non-payment of rent and personal requirement under Hyderabad Houses (Rent. Eviction and Lease) Control Act, 1954. The Rent Controller negatived the landlords' contention and...

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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 received from a licenced manufacturer. The appellant stored it properly and sold it in the same slate as he purchased it. The Food Inspector took sample of 100 gms., instead of 200 gms. as provided by rule 22. On analysis it was foun...

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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 to the State Legislative Assembly to fill Lip a seat reserved for members of the scheduled castes from Nagpur, the second respondent was declared elected. The appellant challenged the election. on the ground, inter 'Ilia, that the second respondent ceased to be a Hindu having bee...

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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 :

For the purpose of making it easier to secure permits in respect of non nationalised routes and to simplify the procedure for this purpose s.47 of the Motor Vehicles Act was amended by inserting s.43-A of the Motor Vehicles (U.P. Amendment) Act, 1972. The section provides that, in the case of non...

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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 petition has challenged the validity of detention order dated the 28th August. 1973, passed under the Maintenance of Internal Security Act, 1971 on the ground that the petitioner was acting in a manner prejudicial to the maintenance of supplies and services essen...

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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 by a memorandum dated 22-6-1949 laid down that the seniority of government servants should be determined by the date of their appointment and not the date of their confirmation. In the seniority list issued in 1958 by the Excise Department the appellant was given his due...

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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 suit was filed by the plaintiffs claiming to succeed to the estate of R, a Bhumihar Brahmin. The basis of the claim was a special custom of the family to which the parties belonged, though under ordinary Hindu Law they would not be entitled to Succeed to the estate being related to R in a distant...

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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 tenant of certain premises. As a result of a decree in a partition suit the premises fell to the share of the appellants and they filed a suit for eviction. They also applied under s. 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, for payment of arrear...

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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 directed to be detained by an order of the Dist. Magistrate under the Maintenance of Internal Security Act, 1971. with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The order was made on December 29, 1973. and the fact of making t...

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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 were Assistant Engineers (Class II) were promoted to officiate as Executive Engineers in Class I Central Engineering Service by a properly constituted Departmental Promotion Committee. Respondents 4 to 66 we initially recruited as Assistant Executive Engineers Class I and were pr...

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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 sued for amounts as due to indemnify it under S. 222 of the Contract Act, on the strength of payments said to have been made by the firm to third parties on behalf of the respondents who were alleged to have directed the appellant to enter into 'Badla' transactions for the...

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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' land within the municipality was acquired for a development scheme of the Improvement Trust. A notification was issued under s. 36 of Punjab Town Improvement Act. 1922. Aggrieved by the award of the Land Acquisition Collector of the Improvement Trust and the decision of the Tribu...

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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, provides that any custom of Hindu law in force immediately before the commencement of the Act, shall cease to have effect with respect to any matter for which provision is made in the Act. Section 15 provides that no adoption which has b...

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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 from 168-Katoria Bihar Legislative Assembly constituency, the Respondent No. 1 was declared elected having secured 16649 votes as against 16074 polled by the appellant. The votes rejected as invalid were 1219. The appellant filed an election petition challenging the election of the r...

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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 field a suit against appellant No. 1 for permanent injunction restraining him from interfering with the Guru Garanth Saheb, for religious recitals in the Darbar Saheb as well as restraining him from interfering with the rights of reciting the Guru Garanth Sahib and holding and joinin...

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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 ships belonging to the 2 respondents for carrying rice from Thailand to India. The Charter-party provided inter alia that any dispute should be referred to 2 arbitrators one to be nominated by the owners and the other by the Charterers. The appellant made claims against o...

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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 taken out three transit policies of insurance renewable every year from the appellant. The freight policy taken out in January 1969, was against risk of loss or damage to any goods or merchandise during transit. In June 1971. the respondent declared to...

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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 entered into possession of the two disputed shops on 19th September 1966 with the express consent of the landlord and made an application to the Rent Control Officer for allotment of the shops to him. On 15th November 1966, the landlord, however, revoked his consent and informed...

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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 to the State Legislative Assembly, the respondent was declared elected. The appellant who was the defeated candidate in 'he election, in her election petition alleged that the respondent had committed a number of corrupt practices, the most important of which related to the distr...

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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 was a tribal Hindu who was converted to Islam on the eve of her marriage to a Muslim. In the election to the Assam Legislative Assembly from a constituency which is a tribal area of Assam with a heterogeneous composition of tribesmen vaguely Hindu by persuasio...

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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 and respondent no. 1 was the tenant of the suit land when the Hyderabad Abolition of Inams and Cash Grants Act, 1954 was made applicable to the suit 'land. By virtue of the said Abolition Act, the appellants Inam was abolished and it vested in the State. Before t...

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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 granted a stage carriage permit to the respondent as against the appellant on the ground that the former was a single bus operator while the appellant was an operator having four stage carriage permits, including a stage carriage permit which was recently granted to...

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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 :

With effect from 15th July, 1964 the Provincial Civil Medical Service and the Public Health Service of the State were integrated into one service. After integration, class I and class 11 posts in the respective services before integration were equated to class I and it posts in the combined cadre. W...

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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 in exercise of the power conferred under s. 15 of the Mines and Minerals (Regulation and Development) Act, 1957 made the Madhya Pradesh Minor Mineral Rules,1961 for grant of prospecting licences and mining leases in respect of minor minerals. 'Minor minerals' are de...

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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 detained under MISA on the grounds that on 2 occasions, he along with his associates, hurled bombs on a tea-stall and on a watch repairing shop, thereby damaging furniture, watches showcases etc., endangering the lives and safety of the people; and creating a great disturbance of...

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