Caselaw | Supreme Court Judgements of march 1974

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Shripad Gajanan Suthankar Vs. Dattaram Kashinath Suthankar & Ors [1974] INSC 43 (1 March 1974)

Judgement Date : 01 Mar 1974

Citation : 1974 Latest Caselaw 43 SC

Hindu Succession Act, 1956

Headnote :

M had two sons-the first defendant and K. K died in 1921 leaving a widow and a daughter. In 1944 there was a partition between M and the first defendant, and, in that partition, allotment for residence and maintenance of K's widow was made. Thereafter, M gifted away his share, which he got in pa...

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Prem Raj Vs. Ram Charan [1974] INSC 44 (4 March 1974)

Judgement Date : 04 Apr 1974

Citation : 1974 Latest Caselaw 44 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

K. and his wife purchased the house in dispute. K died in 1936 leaving behind him S and R, his son. In 1951, R mortgaged the house to the appellant. The. appellant obtained a preliminary decree for foreclosure and also the final decree In the meantime, S. gifted the entire house to Prakash Chandra s...

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Kesar Singh Vs. State of Punjab [1974] INSC 45 (4 March 1974)

Judgement Date : 04 Mar 1974

Citation : 1974 Latest Caselaw 45 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was charged with an offence under s. 302, Indian Penal Code of murdering three persons. The trial court found that there was enough evidence to show that the appellant was one of murderers of one of the three, men and sentenced him to life imprisonment. The High Court enhanced the sent...

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Kumar Pashupati Nath Mullah Vs. State of West Bengal [1974] INSC 46 (5 March 1974)

Judgement Date : 05 Mar 1974

Citation : 1974 Latest Caselaw 46 SC

Fazlul Rabbi Pradhan Vs. State of West Bengal [1965] INSC 59 (8 March 1965)

Headnote :

Under s. 5A, West Bengal Estates Acquisition Act, 1953 if it was found after an enquiry that a transfer made after May 5, 1953, was not bonafide, the transfer shall stand cancelled. Under 5A (7), a transfer shall be held to be not bonafide if it was made principally or partially with the object o...

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Daya Singh (Dead) Through L.Rs. & ANR Vs. Dhan Kaur [1974] INSC 47 (5 March 1974)

Judgement Date : 05 Mar 1974

Citation : 1974 Latest Caselaw 47 SC

Hindu Succession Act, 1956

Eramma Vs. Verrupanna & Ors [1965] INSC 253 (18 November 1965)
Mahant Salig Ram Vs. Musammat Maya Devi [1955] INSC 1 (21 January 1955)

Headnote :

The respondent's father, W, who owned the suit property died in 1933. His widow, who succeeded to the estate, gifted the property to her daughter, the respondent. The appellants filed a suit as reversioners of W questioning the gift. The "it 'as decreed and the decree was confirmed on a...

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Mohinder Singh & ANR Vs. State of Haryana [1974] INSC 48 (5 March 1974)

Judgement Date : 05 Mar 1974

Citation : 1974 Latest Caselaw 48 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The complainant who was Sarpanch of gram panchayat asked the second appellant, his predecessor, to make over the records of the gram-panchayat, transfer its accounts and hand over the money belonging to the gram panchayat to him. The second appellant put him off. When be made a complaint to higher a...

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Laxman Vs. State Industrial Court & Ors [1974] INSC 49 (11 March 1974)

Judgement Date : 11 Mar 1974

Citation : 1974 Latest Caselaw 49 SC

Constitution of India

Headnote :

Appellant, a motor driver in the Milk Scheme at Nagpur, was dismissed from service by the order of Dairy Development Commissioner, Bombay. The appellant was on probation for 6 months after his appointment and he continued in service more than 2 years when his services were terminated. The appellant...

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Raja Bahadur Motilal Bombay Mills Ltd.& ANR Vs. M/S. Govind Ram Brothers (P) Ltd. & ANR [1974] INSC 50 (12 March 1974)

Judgement Date : 12 Mar 1974

Citation : 1974 Latest Caselaw 50 SC

Headnote :

On September 1, 1940, the basic date under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the properties in dispute were parts of a larger entity comprised in a single lease. In March 1948, the respondent took a fresh lease of the properties in dispute, Thereafter, the respondent...

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Barati Vs. State of U. P [1974] INSC 51 (12 March 1974)

Judgement Date : 12 Mar 1974

Citation : 1974 Latest Caselaw 51 SC

CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant and his companions were charged-with an offence under s. 302 I.P.C. for causing the death of the deceased by pouring acid on him when he was sleeping on his cot on the night of the occurrence. After recording the first information report the police sub-inspector recorded the statement...

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Union of India Vs. Raman Iron Foundry [1974] INSC 52 (12 March 1974)

Judgement Date : 12 Mar 1974

Citation : 1974 Latest Caselaw 52 SC

Headnote :

A dispute arose regarding the performance of a contract between the appellant and respondent, each party contending that the other had committed a breach of the contract and claiming large sums of money by way of damages. The appellant's claim was for damages stipulated under cl. 14 of the contr...

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Shyam Sunder And Othes Vs. The State of Rajasthan [1974] INSC 53 (12 March 1974)

Judgement Date : 12 Mar 1974

Citation : 1974 Latest Caselaw 53 SC

Constitution of India
Fatal Accidents Act, 1855

Kasturilal Ralia Ram Jain Vs. The State of Uttar Pradesh [1964] INSC 207 (29 September 1964)

Headnote :

The deceased, who was at the material time in the employment of the State of Rajasthan in the Public Department, was required to proceed from his office at Bhilwara to Banswara, in connection with famine relief work undertaken by the department. For that purpose, he boarded a truck owned by the depa...

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Dharam Das Wadhwani Vs. State of Uttar Pradesh [1974] INSC 54 (14 March 1974)

Judgement Date : 14 Mar 1974

Citation : 1974 Latest Caselaw 54 SC

Kali Ram Vs. State of Himachal Pradesh [1973] INSC 175 (24 September 1973)

Headnote :

The accused a compounder in a hospital was charged with the offence under s. 328 I. P. C., of administering poison to one of the two doctors of the hospital. He was acquitted by the trial court but found guilty by the High Court. Dismissing the appeal to this Court,

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Irlapati Subbayya Vs. The Public Prosecutor, Andhra Pradesh [1974] INSC 55 (14 March 1974)

Judgement Date : 14 Mar 1974

Citation : 1974 Latest Caselaw 55 SC

Headnote :

The appellant was charged for offences punishable under sections 302, 325 and 323 read with sec. 34 of the I.P.C. along with three others. The Sessions Court acquitted the appellant. The High Court set aside the acquittal and convicted the appellant upon the, plea of, the appellant that the High...

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Gogula Gurumurthy & Ors Vs. Kurimeti Ayyappa [1974] INSC 56 (14 March 1974)

Judgement Date : 14 Mar 1974

Citation : 1974 Latest Caselaw 56 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

V, the father of the appellants had a brother R who died childless leaving behind him his widow, N. After R's death a series of litigation started between V & N. V filed a suit in 1913 against R. for waste committed by her husband's estate and was appointed a receiver in that suit. In th...

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S. N. Kharkhanis & Ors Vs. Union of India & Ors [1974] INSC 57 (14 March 1974)

Judgement Date : 14 Mar 1974

Citation : 1974 Latest Caselaw 57 SC

Constitution of India

Headnote :

On August 12, 1959, the Government of India issued a Presidential resolution that merged the Central Excise Service Class I and the Indian Customs Service Class I, effective from August 15, 1959, as per the provision of Article 309 of the Constitution. The petitioners had joined their respective ser...

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Golam Hussain Alias Gama Vs. The Commissioner of Police, Calcutta, & Ors [1974] INSC 58 (15 March 1974)

Judgement Date : 15 Mar 1974

Citation : 1974 Latest Caselaw 58 SC

Constitution of India
Defence of India Act, 1971

Headnote :

According to a detention order issued under section 3(1)(a)(ii) in conjunction with section 3(2) of the Maintenance of Internal Security Act, 1971, the petitioner was arrested for throwing soda water bottles, bricks, and bombs indiscriminately at a group of individuals on various occasions. The dete...

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Naraindas Indurkhya Vs. The State of Madhya Pradesh & Ors [1974] INSC 59 (18 March 1974)

Judgement Date : 18 Mar 1974

Citation : 1974 Latest Caselaw 59 SC

Constitution of India

Headnote :

According to Section 8 of the Madhya Pradesh Madhyarrik Shiksha Adhiniyam, 1965, the Board of Secondary Education was granted the authority to determine the courses of instruction in various branches of Secondary education as it deemed appropriate. The Board asserted that this authority included, by...

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State of Haryana Vs. Gurdial Singh And Pargat Singh [1974] INSC 60 (19 March 1974)

Judgement Date : 19 Mar 1974

Citation : 1974 Latest Caselaw 60 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

P and G were found guilty under Section 302 and sentenced to death.However, the High Court overturned the convictions of both defendants and acquitted them. The State has now filed appeals against the acquittal of the two accused with special permission.According to the prosecution, due to a family...

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Hallu & Ors Vs. State of Madhya Pradesh [1974] INSC 61 (19 March 1974)

Judgement Date : 19 Mar 1974

Citation : 1974 Latest Caselaw 61 SC

CrPC Section 154. Information in cognizable cases
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

The appellants, along with several others, faced charges related to the murder of two individuals. The trial court evaluated the evidence based on the following principles: (a) in cases of rioting, discrepancies in evidence are inevitable, but the court\'s responsibility is to consider the overall p...

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Municipal Corporation of Greater Bombay Vs. M/S Polychem Ltd. [1974] INSC 62 (20 March 1974)

Judgement Date : 20 Mar 1974

Citation : 1974 Latest Caselaw 62 SC

The Corporation of Calcutta Vs. Sm. Padma Debi & Ors [1961] INSC 239 (8 August 1961)

Headnote :

The respondent company owned a large tract of land in Bombay, part of which was under construction, while the majority of the land remained vacant. The Assessor and Collector of the Municipal Corporation assessed the market value of the entire land on a notional basis and established a hypothetical...

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Kayjay Industries (P) Ltd. Vs. Asnew Drums (P) Ltd. & Ors [1974] INSC 63 (20 March 1974)

Judgement Date : 20 Mar 1974

Citation : 1974 Latest Caselaw 63 SC

Code of Civil Procedure, 1908 (CPC)
State Financial Corporation Act, 1951

Headnote :

The State Finance Corporation provided a loan of Rs. 10 lacs to the first respondent, secured by a mortgage on its land and other assets. When the first respondent defaulted on repayment, the Corporation sought relief from the District Court under the State Financial Corporation Act, 1951, aiming to...

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Gammon India Ltd. Vs. Union of India & Ors [1974] INSC 64 (20 March 1974)

Judgement Date : 20 Mar 1974

Citation : 1974 Latest Caselaw 64 SC

Constitution of India
Factories Act, 1948

Headnote :

The Contract Labour (Regulation and Abolition) Act of 1970 mandates that contractors obtain licenses. This Act also places specific responsibilities and liabilities on contractors regarding the workers they employ. A contractor is defined as an individual who agrees to achieve a specific outcome for...

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State of Punjab Vs. Hari Singh & ANR [1974] INSC 65 (21 March 1974)

Judgement Date : 21 Mar 1974

Citation : 1974 Latest Caselaw 65 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Headnote :

The trial court found the respondents guilty under Sections 302/34 and 307/34 of the Indian Penal Code for the deaths of two individuals, G and Z. This incident occurred during the night of June 18-19, 1969. The victims were involved in joint cultivation with others. The respondents, along with two...

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Uttam Singh Vs. The State (Delhi Administration) [1974] INSC 66 (21 March 1974)

Judgement Date : 21 Mar 1974

Citation : 1974 Latest Caselaw 66 SC

Indian Penal Code, 1860 (IPC)
IPC Section 292. Sale, etc., or obscene books, etc
Probation of Offenders Act, 1958

Headnote :

The appellant was found guilty under section 292 of the Indian Penal Code and received a sentence of rigorous imprisonment along with a fine for selling a packet of playing cards that featured explicit and obscene images of naked men and women in sexual positions on the back. The High Court upheld t...

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Workmen of The Straw Board Manufacturing Company Limited Vs. M/S. Straw Board Manufacturing Company Limited [1974] INSC 67 (21 March 1974)

Judgement Date : 21 Mar 1974

Citation : 1974 Latest Caselaw 67 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent company operated two mills, S-mill and R-mill, which were located in separate premises but in close proximity to each other. The raw materials utilized in each mill were distinct and sourced from different suppliers, and they produced different products. Each mill obtained electricity...

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Nawab Ali Vs. The State of Uttar Pradesh [1974] INSC 68 (22 March 1974)

Judgement Date : 22 Mar 1974

Citation : 1974 Latest Caselaw 68 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 364. Kidnapping or abducting in order to murder

Headnote :

The appellant, along with six others, was convicted for an offense under Section 302 in conjunction with Section 149 of the Indian Penal Code (I.P.C.). There had been a longstanding feud between the accused and the deceased, with both parties engaged in civil and criminal disputes.It was claimed tha...

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R. S. Sial Vs. The State of U.P. & Ors [1974] INSC 69 (25 March 1974)

Judgement Date : 25 Mar 1974

Citation : 1974 Latest Caselaw 69 SC

Constitution of India

Headnote :

The appellant, who served as the Assistant General Manager in the State Transport Department, was appointed as the officiating General Manager in the same department. However, during his time in this acting role, he was reverted to his previous position. At the time of his reversion, there were two...

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Mohd. Yunus Saleem Vs. Shiv Kumar Shastri & Ors [1974] INSC 70 (25 March 1974)

Judgement Date : 25 Mar 1974

Citation : 1974 Latest Caselaw 70 SC

Headnote :

A parliamentary constituency that held elections for the Lok Sabha in March 1971 was made up of five assembly constituencies. Voting in two of these constituencies was set for March 1, while the other three were scheduled for March 3.On March 15, 1971, the deadline for completing the election was es...

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Milan Banikp. Vs. The State of West Bengal & Ors [1974] INSC 71 (26 March 1974)

Judgement Date : 26 Mar 1974

Citation : 1974 Latest Caselaw 71 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner was held under Section 3 of the Maintenance of Internal Security Act, 1971, based on allegations that he, along with accomplices, committed armed robbery on two occasions in a town in West Bengal, stealing money and other valuables. These actions instilled fear among the local residen...

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The State of Gujarat & ANR Vs. Shri Ambica Mills Ltd., Ahmadabad [1974] INSC 72 (26 March 1974)

Judgement Date : 26 Mar 1974

Citation : 1974 Latest Caselaw 72 SC

Constitution of India
Motor Vehicles Act, 1939
Payment of Wages Act, 1936

Tata Engineering and Locomotive Co. Ltd. Vs. State of Bihar & Ors [1964] INSC 44 (25 February 1964)

Headnote :

Following the division of the State of Bombay, the legislature of Gujarat enacted the Bombay Labour Welfare Fund (Gujarat Extension and Amendment) Act, 1961, which introduced several amendments to the Bombay Labour Welfare Fund Act of 1953. The original 1953 Act was established to create a fund aime...

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Jehan Singh Vs. Delhi Administration [1974] INSC 73 (27 March 1974)

Judgement Date : 27 Mar 1974

Citation : 1974 Latest Caselaw 73 SC

CrPC Section 173. Report of police officer on completion of investigation
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

A bus owned by Indraj and Sukhlal was under the control of Munshi Ram, the driver, and other staff members.The appellant and Mr. Pathak took the bus from these staff members. Munshi Ram subsequently filed a First Information Report (F.I.R.) detailing these events. Following this report, the police i...

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

Judgement Date : 28 Mar 1974

Citation : 1974 Latest Caselaw 74 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner was detained by the District Magistrate of Varanasi, U.P. under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971, in order to prevent him from engaging in any activities that could harm the maintenance of essential supplies and services for the community.Regar...

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Surajmal Surolia Vs. The Bar Council of India & Ors [1974] INSC 75 (28 March 1974)

Judgement Date : 28 Mar 1974

Citation : 1974 Latest Caselaw 75 SC

Advocates Act, 1961
Constitution of India

Headnote :

The petitioner received a Sanad from Ijlas Thikana Khetri, which was the highest court in a native state. Based on this Sanad, the petitioner practiced law in another native state for several years before entering public service. In 1955, the High Court of Rajasthan denied his request to resume prac...

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Raghubir Singh Vs. State of Haryana [1974] INSC 76 (28 March 1974)

Judgement Date : 28 Mar 1974

Citation : 1974 Latest Caselaw 76 SC

The State of Bihar Vs. Basawan Singh [1958] INSC 24 (21 March 1958)

Headnote :

The appellant, who served as an Assistant Station Master, was found guilty of criminal misconduct in the performance of his duties, an offense punishable under Section 5(2) of the Prevention of Corruption Act, 1947. This conviction was upheld by the High Court. In an appeal to this Court under Artic...

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