Caselaw | Supreme Court Judgements of october 1974

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Binod Bihari Mahato Vs. State of Bihar & Ors [1974] INSC 190 (1 October 1974)

Judgement Date : 01 Oct 1974

Citation : 1974 Latest Caselaw 188 SC

Headnote :

The petitioner was apprehended in Dhanbad on March 6, 1974, and after being presented to the Sub-Divisional Magistrate, he was transferred to Bhagalpur Central Jail. Following a request from the petitioner, the Sessions Judge granted him bail, issuing an order for his release on March 18, 1974. Howe...

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Satya Vs. Teja Singh [1974] INSC 191 (1 October 1974)

Judgement Date : 01 Oct 1974

Citation : 1974 Latest Caselaw 189 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872

Headnote :

Section 13(a) of the Civil Procedure Code, 1908 states that a foreign judgment is conclusive regarding any matter directly adjudicated, unless it was not issued by a court with competent jurisdiction. Additionally, Section 41 of the Indian Evidence Act, 1872 asserts that a final judgment from a comp...

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State of Gujarat Vs. Jamnadas G. Pabri & Ors [1974] INSC 192 (3 October 1974)

Judgement Date : 03 Oct 1974

Citation : 1974 Latest Caselaw 190 SC

Headnote :

Section 17(2) of the Gujarat Panchayata Act, 1961, states that the standard duration of a panchayat is five years from the date of its inaugural meeting, with the possibility of the State Government extending this term by a maximum of one year in total.The five-year terms for the Taluka Panchayats a...

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Acharaya Maharajshri Narandraprasadji Anandprasadji Mahara Vs. The State of Gujarat & Ors [1974] INSC 193 (3 October 1974)

Judgement Date : 03 Oct 1974

Citation : 1974 Latest Caselaw 191 SC

Constitution of India
Land Acquisition Act, 1894

Headnote :

The Gujarat Legislature passed the Gujarat Devasthan Inams Abolition Act in 1969. Section 5 of this Act abolishes certain Devasthan Inams along with their associated rights, making Devasthan lands subject to land revenue payments. Section 8 transfers ownership of all public roads, lanes, tracks, bri...

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Kanwar Lal Gupta Vs. Amar Nath Chawla & Ors [1974] INSC 194 (3 October 1974)

Judgement Date : 03 Oct 1974

Citation : 1974 Latest Caselaw 192 SC

Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)
Magraj Patodia Vs. R. K. Birla & Ors [1970] INSC 184 (10 September 1970)
Ram Dayal Vs. Brijraj Singh & Ors [1969] INSC 133 (30 April 1969)

Headnote :

Section 77(1) of the Representation of the People Act, 1951, stipulates that every candidate in an election must maintain a separate and accurate record of all election-related expenditures incurred or authorized by them or their election agent from the date the election notification is published un...

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Dattatraya Shanker Mote & Ors Vs. Anand Chintaman Datar & Ors [1974] INSC 195 (3 October 1974)

Judgement Date : 03 Oct 1974

Citation : 1974 Latest Caselaw 193 SC

Code of Civil Procedure, 1908 (CPC)
Registration Act, 1908
Section 100. TPA, Charges.
Section 3. TPA, Interpretation clause.
Section 48. TPA, Priority of rights created by transfer.
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.

Headnote :

The appellants initiated a lawsuit to recover a monetary debt from the respondents. The case was settled, and through the compromise decree, three items of the respondents\' property were intended to be charged. This compromise decree was submitted to the Registrar\'s office and recorded in Book No....

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International Cotton Corpn. (P) Ltd. Vs. Commercial Tax Officer, Hubli & Ors [1974] INSC 196 (4 October 1974)

Judgement Date : 04 Oct 1974

Citation : 1974 Latest Caselaw 194 SC

Central Sales Tax Act, 1956

Headnote :

The Sales Tax Officer assessed certain inter-state sales of the appellants for central sales tax prior to November 10, 1964. On that date, this Court ruled in Yaddalam Lakshmi Narsimhaiah Setty & Sons that if a transaction was not subject to sales tax as an intrastate sale under the relevant State\'...

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Maneksha Ardeshir Irani & ANR Vs. Manekji Edulji Mistry & Ors [1974] INSC 197 (4 October 1974)

Judgement Date : 04 Oct 1974

Citation : 1974 Latest Caselaw 195 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

(1) According to section 4B of the Bombay Tenancy and Agricultural Lands Act, 1948, a tenancy cannot be terminated solely because the agreed or customary duration has expired.The appellant became a tenant of the respondent for a period of 5 years, which ended on February 28, 1948.Under section 23(1)...

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Asstt. Custodian, E.P. & Ors Vs. Brij Kishore Agarwala & Ors [1974] INSC 198 (7 October 1974)

Judgement Date : 07 Oct 1974

Citation : 1974 Latest Caselaw 196 SC

Headnote :

The contested property was owned by a Muslim individual who left India in 1942. Following the partition, she moved to Pakistan in 1948 without returning to India. In 1962, she returned to India and sold the property to respondent no. 1 for Rs. 42,000. Respondent no. 1 confirmed with appellant no. 1,...

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P.S. Sadasivaswamy Vs. The State of Tamil Nadu [1974] INSC 199 (7 October 1974)

Judgement Date : 07 Oct 1974

Citation : 1974 Latest Caselaw 197 SC

Constitution of India

Headnote :

A person who feels wronged by an order that promotes a junior employee over them should seek legal recourse within six months, or at most, within a year of the promotion. Although there is no strict limitation period for invoking powers under Article 226, it is generally prudent for courts to refrai...

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State of Punjab Vs. Bhagat Ram [1974] INSC 200 (9 October 1974)

Judgement Date : 09 Oct 1974

Citation : 1974 Latest Caselaw 198 SC

Constitution of India

Headnote :

In a case seeking a declaration that his dismissal was unlawful, the respondent argued that he did not receive copies of witness statements that were to be presented at the departmental inquiry, despite his request for them. The trial court determined that the respondent was not given a reasonable o...

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Union of India & Ors Vs. M/S Exen Industries [1974] INSC 201 (9 October 1974)

Judgement Date : 09 Oct 1974

Citation : 1974 Latest Caselaw 199 SC

Headnote :

A partnership was terminated, and the dissolution agreement stipulated that the machinery, raw materials, finished goods in stock, as well as other assets and liabilities, were to be shared equally between the two partners. The respondent was granted the privilege of retaining the firm name, along w...

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M/S. T. Vs. Sundram Iyengar & Sons Vs. The State of Madras [1974] INSC 202 (10 October 1974)

Judgement Date : 10 Oct 1974

Citation : 1974 Latest Caselaw 200 SC

Constitution of India
Government of India Act, 1935

Headnote :

In Civil Appeals Nos. 2229, 2230, and 2231 of 1969, the Appellate Assistant Commissioner and the Appellate Tribunal determined that the appellant company was obligated to pay sales tax under the Madras General Sales Tax Act, 1939, for the bus bodies it constructed and fitted onto chassis provided by...

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P. J. Gupta & Co., Vs. K. Venkatesan Merchant & Ors [1974] INSC 203 (11 October 1974)

Judgement Date : 11 Oct 1974

Citation : 1974 Latest Caselaw 201 SC

Headnote :

The appellants secured a lease for non-residential premises at a rate of Rs. 450 per month in 1944 and began sub-letting portions of the premises in 1957. The Madras Buildings (Lease & Rent Control) Act of 1949 did not include any clauses that prohibited subletting. This Act was later repealed and r...

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Vatal Nagaraj Vs. R. Dayanand Sagar [1974] INSC 204 (11 October 1974)

Judgement Date : 11 Oct 1974

Citation : 1974 Latest Caselaw 202 SC

Representation of the People Act, 1951

Headnote :

The appellant was declared the winner of the State Legislative Assembly election, but the first respondent, who received the second highest number of votes, contested the election on several grounds and requested to be declared the winner in place of the appellant. One of the allegations against the...

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Government of Mysore & Ors Vs. J. Vs. Bhat [1974] INSC 205 (14 October 1974)

Judgement Date : 14 Oct 1974

Citation : 1974 Latest Caselaw 203 SC

Headnote :

The provisions outlined in sections 3, 9, 12, and 15 of the Act were contested on the grounds of unconstitutionality, claiming they infringe upon the principles of natural justice.Section 3(1) states:\"(1) When the competent authority, based on reports from its officers or other information at its d...

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Asstt. Commr. Vs. L.M.S. Sadak Tamby & Co [1974] INSC 206 (15 October 1974)

Judgement Date : 15 Oct 1974

Citation : 1974 Latest Caselaw 204 SC

Headnote :

In the case of Firm A.T.B. Mehtab Majid & Co. v. State of Madras, [1963] Supp. 2 S.C.R. 435, the Supreme Court invalidated Rule 16 of the Madras General Sales Tax Rules, which were established under the Madras General Sales Tax Act, IX of 1939. The Court found that a tanner who purchases raw hides a...

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Sitala Prasad Shaw Vs. The State of West Bengal [1974] INSC 207 (15 October 1974)

Judgement Date : 15 Oct 1974

Citation : 1974 Latest Caselaw 205 SC

Constitution of India

Headnote :

The petitioner was detained under the Maintenance of Internal Security Act of 1971, based on a single incident. However, the details provided to the petitioner indicated that he was detained for allegedly acting in a manner detrimental to public order. In a habeas corpus petition, it was argued that...

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State of U.P. Vs. Mahendra Singh & Ors [1974] INSC 208 (15 October 1974)

Judgement Date : 15 Oct 1974

Citation : 1974 Latest Caselaw 206 SC

Indian Penal Code, 1860 (IPC)
IPC Section 141. Unlawful assembly
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder

Headnote :

Eighteen individuals faced charges for various offenses related to five murders. The trial court determined that there was a conflict between the accused\'s group and the deceased\'s group over the right to access water from a tube-well. One member of the accused was designated as Thokdar to oversee...

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Income Tax Officer, Income Tax-Cum-Wealth Tax Circle Ii Vs. Nawab Mir Barkat Ali Khan Bahadur [1974] INSC 209 (16 October 1974)

Judgement Date : 16 Oct 1974

Citation : 1974 Latest Caselaw 207 SC

Income Tax Act, 1961

Headnote :

In 1950, the respondent created three trust deeds for the benefit of three women he referred to as his wives, as well as for himself, in his capacity as the father of their minor children. Following the submission of tax returns for the assessment years 1955-56, 1956-57, 1957-58, and 1958-59, the In...

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Commissioner of Income Tax, Hyderabad Vs. Nawab Mir Barkat Ali Khan Bahadur [1974] INSC 210 (16 October 1974)

Judgement Date : 16 Oct 1974

Citation : 1974 Latest Caselaw 208 SC

Indian Trusts Act, 1882

Headnote :

The assessee established a trust worth thirty lacs of rupees for the benefit of his daughter-in-law on October 8, 1949. On that same day, an agreement was made between the assessee and the Government of India, which included key terms such as the trustees depositing the trust\'s corpus with the Gove...

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Adhir Naia Vs. The State of West Bengal [1974] INSC 211 (16 October 1974)

Judgement Date : 16 Oct 1974

Citation : 1974 Latest Caselaw 209 SC

Constitution of India

Headnote :

The petitioner was held under the Maintenance of Internal Security Act on the basis that he and his associates forcibly opened a railway wagon filled with food grains on a specific day. In a Writ Petition submitted to this Court under Article 32, the petitioner argued that his detention was based on...

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Parvez Qadir Vs. Union of India & Ors [1974] INSC 212 (16 October 1974)

Judgement Date : 16 Oct 1974

Citation : 1974 Latest Caselaw 210 SC

All India Services Act, 1951
Constitution of India
Indian Forest Service (Initial Recruitment) Regulations, 1966
Indian Forest Service (Recruitment) Rules, 1966

R. L. Butail Vs. Union of India & Ors [1970] INSC 179 (8 September 1970)
S. P. Jinadathappa Vs. R. P. Sharma & Ors [1961] INSC 160 (17 April 1961)

Headnote :

The Indian Forest Service was established as an All India Service through the inclusion of section 2-A in the All India Services Act of 1961. Subsequently, the Government of India enacted the Indian Forest Service (Cadre) Rules in 1966, along with the Indian Forest Service (Recruitment) Rules of the...

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Roshanlal Kuthiala & Ors Vs. R.B. Mohan Singh Oberai [1974] INSC 213 (17 October 1974)

Judgement Date : 17 Oct 1974

Citation : 1974 Latest Caselaw 211 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant consented to sell his hotel to the first respondent, who paid an earnest money deposit of Rs. 5 lakhs. Claiming a breach of contract, the first respondent initiated a lawsuit in the sub-court of Lahore to recover the earnest money, which was granted. The appellant appealed to the High...

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Bhagwan Dutt Vs. Kamla Devi & ANR [1974] INSC 214 (17 October 1974)

Judgement Date : 17 Oct 1974

Citation : 1974 Latest Caselaw 212 SC

Criminal Procedure Code, 1973
Hindu Adoptions and Maintenance Act, 1956

Headnote :

The individual income and resources of the wife can be considered when determining the maintenance amount owed to her under section 488 of the Criminal Procedure Code, 1898. [490 D] (1)(a) This section does not grant an absolute right for a neglected wife to receive a maintenance order from her husb...

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Bankatlal Vs. State of Rajasthan [1974] INSC 215 (17 October 1974)

Judgement Date : 17 Oct 1974

Citation : 1974 Latest Caselaw 213 SC

Prevention of Food Adulteration Act, 1954

Headnote :

The petitioner was detained under two orders issued in accordance with section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971, on the basis that he was involved in the adulteration of essential food items and was found in possession of substances such as donkey dung, sawdust, gypsum,...

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D. Cawasji & Co. Vs. The State of Mysore & ANR [1974] INSC 216 (29 October 1974)

Judgement Date : 29 Oct 1974

Citation : 1974 Latest Caselaw 214 SC

Constitution of India
Indian Contract Act, 1872
Limitation Act, 1963
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

State of Madhya Pradesh Vs. Bhailal Bhai & Ors [1964] INSC 7 (20 January 1964)

Headnote :

The appellants made payments to the government for excise duty and education cess for the periods of 1951-52 to 1965-66 in one instance and from 1951-52 to 1961-62 in another. The High Court deemed the relevant provisions of the Acts unconstitutional. In their writ petitions for a refund, the appell...

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The University of Cochin Vs. Dr. N. Raman Nair & Ors [1974] INSC 217 (30 October 1974)

Judgement Date : 30 Oct 1974

Citation : 1974 Latest Caselaw 215 SC

Headnote :

Section 6 of the Cochin University Act, 1971, when considered in its entirety, suggests that its purpose was to eradicate unjust discrimination. Specifically, Section 6(2) imposes an obligation on the University to adhere to clauses (a), (b), and (c) of Rule 14 of the Kerala State Subordinate Servic...

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Sudershan Kumar Vs. The State of Delhi [1974] INSC 218 (30 October 1974)

Judgement Date : 30 Oct 1974

Citation : 1974 Latest Caselaw 216 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Headnote :

After the deceased refused to marry him, the appellant, who was her lover, threatened to kill her in a way that would cause her a prolonged suffering. He executed this threat by pouring acid on her while she was lying on a cot. The deceased suffered severe acid burns across her body and died a few d...

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Joginder Nath & Ors Vs. Union of India & Ors [1974] INSC 219 (31 October 1974)

Judgement Date : 31 Oct 1974

Citation : 1974 Latest Caselaw 217 SC

Headnote :

In all three appeals, the assessee argues that the interest incurred prior to the start of production on funds borrowed for the acquisition and installation of machinery and plant should be included in the actual cost of the plant and thus capitalized for this purpose. In Civil Appeal No. 1784, the...

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Challapalli Sugar Ltd. Vs. The Commissioner of Income Tax, A.P. Hyderabad [1974] INSC 220 (31 October 1974)

Judgement Date : 31 Oct 1974

Citation : 1974 Latest Caselaw 218 SC

Headnote :

In all three appeals, the assessee argues that the interest incurred prior to the start of production on funds borrowed for the acquisition and installation of machinery and plant should be included in the actual cost of the plant and thus capitalized for this purpose. In Civil Appeal No. 1784, the...

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