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 :

By Presidential resolution dated 12th August, 1959, the Government of India, under the proviso to Art. 309 of the Constitution, combined two services of Central Excise Service Class I and Indian Customs Service Class I with effect from 15th August, 1959. AR the petitioners joined the respective serv...

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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 :

Pursuant to an order of detention under s. 3 (1)(a) (ii) read with s. 3 (2) of the Maintenance of Internal Security Act, 1971 the petitioner was arrested for hurling, soda water bottles, brickbats and bombs indiscriminately on a group of persons on different dates. The order of detention said that i...

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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 :

By Section 8 of the Madhya Pradesh Madhyarrik Shiksha Adhiniyam, 1965 the Board of Secondary Education was empowered to prescribe courses of instruction in such branches of Secondary education as it may think fit. The Board claimed that the power to prescribe courses of instruction carried with it b...

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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 & G were convicted u/s. 302 and were sentenced to death. The High Court set aside the convictions of both the accused and acquitted them. The State has filed the present appeals against the acquittal of the 2 accused by special leave. The prosecution case is that on account of a family f...

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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 others, were charged with offences arising out of the murder of two persons. The trial court assessed the evidence on the following principles, namely : (a) in rioting cases discrepancies are bound to occur in the evidence but the duty of the court is to have regard to the...

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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 was owner of a large area of land in Bombay, on a part of which there was a building under construction. The bulk of the remaining part was lying vacant. The Assessor and Collector of the Municipal Corporation determined the market value of the whole land on a notional basis a...

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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 lent a sum of Rs. 10 lacs to the first respondent on the security of a mortgage of its land etc. The first respondent having failed to repay, the Corporation applied to the District Court under the State Financial Corporation Act, 1951, for recovering the amount by atta...

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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, 1970, requires contractors to take out licenses. The Act also imposes certain duties and liabilities on the contractor, in respect of the workmen employed by the contractors. The Contractor is defined as a person who undertakes to produce a given r...

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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 had convicted the respondents u/S. 302/34 I.P.C. and u/s. 307/34 I.P.c. for the death of two persons- G&Z. The occurrence took place during the night between 18th & 19th June, 1969. The victims used to cultivate jointly with others. The respondents and the two acquitted accus...

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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 convicted under s. 292 I.P.C. and sentenced to rigorous imprisonment and fine for selling a packet of playing cards portraying on the reverse luridly obscene naked pictures of men and women in pornographic sexual postures. The conviction and sentence was affirmed by the High Court....

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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 owned two units-S-mill and R-mill. They were. in separate premises, but in close proximity. The raw-materials used in the two mills were different and were obtained from different sources. , They also manufactured different products. Electricity was obtained by the two m...

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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 and six others were inter alia, convicted for offence u/s 302 read With sec. 149 of the I.P.C. There was long standing enmity between accused and the deceased and the parties were involved in civil and criminal litigation. It was alleged that the accused attacked the deceased with l...

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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 was Assistant General Manager in the State Transport Department was appointed as officiating General Manager in the same department. During the period of his officiating appointment he was reverted. At the time of the appellant's reversion there were two letters from the Vigila...

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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 from which election to Lok Sabha took place in March 1971 consisted of five assembly constituencies. The polling at two of them was scheduled to take place on March 1, and at the other three on March 3. 1971. 15th March. 1971 was fixed as the last day for the completi...

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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 detained under S. 3 of the Maintenance of Internal Security Act, 1971 on the grounds that on two occasions he along with other associates, committed robbery on point of dagger in a town in West Bengal and snatched away money and other valuables. Such activities of the petitioner t...

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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 :

After the State of Bombay was bifurcated the legislature of the State of Gujarat enacted the Bombay Labour Welfare Fund (Gujarat Extension and Amendment) Act, 1961, making various amendments in the Bombay Labour Welfare Fund Act, 1953. The 1953-Act was passed with a view to provide for the constitut...

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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 belonging to one Indraj and Sukhlal was in the possession of Munshi Ram, the driver, and other servants. The bus was removed from the custody of the said servants by the appellant and one Mr. Pathak. Munshi Ram filed F.I.R. disclosing these facts. In pursuance of the information the Poli...

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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 an order of the District Magistrate, Varanasi, U.P. under Sec. 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971, with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community....

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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 was granted a Sanad by Ijlas Thikana Khetri which was the highest court in. a native state. On the basis of the Sanad the petitioner practiced in another native State for some years and later joined service. In 1955 his application for recommencing practice was rejected by the High Co...

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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, an Assistant Station Master, was convicted of the offence of criminal misconduct in the discharge of his duties punishable under a. 5(2) of the Prevention of Corruption Act, 1947, and the conviction was confirmed by the High Court. In appeal to this Court under Art. 136, it was conten...

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