Caselaw | Supreme Court Judgements of september 1974

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Themi P. Sidhwa & Ors Vs. Shib Banerjee & Sons Pvt. Ltd. & ANR [1974] INSC 164 (3 September 1974)

Judgement Date : 03 Sep 1974

Citation : 1974 Latest Caselaw 162 SC

Registration Act, 1908

Ratan Lal Sharma Vs. Purshottam Harit [1974] INSC 8 (11 January 1974)

Headnote :

The parties had various disputes that were submitted to a sole arbitrator. In a petition filed under section 151 of the Civil Procedure Code, it was argued before the High Court that the award mandated the partition of immovable property, which was valued at over one lakh rupees. Therefore, it requi...

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G. R. Luthra, Additional District Judge, Delhi. Vs. Lt. Governor, Delhi & Ors [1974] INSC 165 (3 September 1974)

Judgement Date : 03 Sep 1974

Citation : 1974 Latest Caselaw 163 SC

Constitution of India

Headnote :

Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970, states that the seniority of candidates appointed during the initial formation of the service will be determined by the \"length of service they have completed in their respective cadre\" at the time of their initial recruitment. According...

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N. Krishnaih Setty Vs. Gopalakrishna & Ors [1974] INSC 166 (3 September 1974)

Judgement Date : 03 Sep 1974

Citation : 1974 Latest Caselaw 164 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

According to section 14(1) of the Mysore Agriculturists Relief Act of 1928, no agricultural land owned by an agriculturalist can be attached or sold to satisfy any decree or order unless it has been specifically mortgaged to secure the debt related to that decree or order. In this case, the appellan...

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Commissioner of Income Tax, Bombay City Vs. R. H. Pandi Managing Trustees of Trust, Bombay [1974] INSC 167 (4 September 1974)

Judgement Date : 04 Sep 1974

Citation : 1974 Latest Caselaw 165 SC

Headnote :

Order 6, Rule 2(14) states that the Court has the authority to handle requests for extending or shortening time, except in cases where the time is set by the Court itself, pertains to the deposit of security, or involves applications for condoning delays in filing Special Leave Petitions. Such power...

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Remington Rand of India Ltd. Vs. Thiru R. Jambulingam [1974] INSC 168 (5 September 1974)

Judgement Date : 05 Sep 1974

Citation : 1974 Latest Caselaw 166 SC

Industrial Disputes Act, 1947

Headnote :

The respondent worked as a typewriter mechanic for the appellant. He faced charges for (1) being absent on a specific day without leave or valid reason, and (2) performing private typewriter repairs on that day. Following a domestic inquiry, the charges were substantiated, leading to his dismissal.A...

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C.P. Sikh Regular Motor Service Vs. The State of Maharashtra & Ors [1974] INSC 169 (5 September 1974)

Judgement Date : 05 Sep 1974

Citation : 1974 Latest Caselaw 167 SC

Motor Vehicles Act, 1939

Headnote :

Section 68C of the Motor Vehicles Act of 1939 states that if a State Transport Undertaking believes it is essential for the public interest that road transport services should be managed and operated by the Road Transport Undertaking, it may create a scheme detailing the area or route intended to be...

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Ajit Kumar Kaviraj Vs. The Distt. Magistrate, Birbhum & ANR [1974] INSC 170 (6 September 1974)

Judgement Date : 06 Sep 1974

Citation : 1974 Latest Caselaw 168 SC

Constitution of India
Essential Commodities Act, 1955

Headnote :

The petitioner was detained under Section 3 of the Maintenance of Internal Security Act, 1971. The reasons provided for his detention were: (1) on January 28, 1973, at approximately 4:30 p.m., he, acting as a direct purchasing agent for the Food Corporation of India, sold 4 quintals of paddy from th...

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D. Bhuvan Mohan Patnaik & Ors Vs. State of Andhra Pradesh & Ors [1974] INSC 171 (9 September 1974)

Judgement Date : 09 Sep 1974

Citation : 1974 Latest Caselaw 169 SC

Constitution of India
CrPC Section 46. Arrest how made

Headnote :

The petitioners are currently serving their sentences in the Central Jail at Vizagapatnam. They have submitted writ petitions seeking relief from the presence of armed police guards surrounding the jail and the removal of a live wire electrical mechanism installed on top of the jail wall. The petiti...

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Bharatpur Motor Workers Cooperative Society Lid. Vs. State of Uttar Pradesh & ANR [1974] INSC 172 (10 September 1974)

Judgement Date : 10 Sep 1974

Citation : 1974 Latest Caselaw 170 SC

Motor Vehicles Act, 1939

Headnote :

Section 68C of the Motor Vehicles Act, 1939 allows State Transport Undertakings to create plans that may completely or partially exclude private operators from certain bus routes. It mandates that the proposed scheme and related details be published in the official Gazette and in any other manner as...

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P. Dasa Muni Reddy Vs. P. Appa Rao [1974] INSC 173 (10 September 1974)

Judgement Date : 10 Sep 1974

Citation : 1974 Latest Caselaw 171 SC

Headnote :

The Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960, does not apply to any buildings that were constructed after August 1957.The appellant owned a building that was built in 1958, while the respondent was the tenant. The appellant mistakenly filed an eviction application with t...

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Godhra Electricity Co. Ltd. & ANR Vs. The State of Gujarat & ANR [1974] INSC 174 (12 September 1974)

Judgement Date : 12 Sep 1974

Citation : 1974 Latest Caselaw 172 SC

Indian Electricity Act, 1910

Satinder Singh & Ors Vs. Amrao Singh & Ors [1961] INSC 31 (2 February 1961)

Headnote :

Section 6(1) of the Indian Electricity Act, 1910, as amended by the Amendment Act of 1959, stipulated that when a license was granted to an individual, the State Electricity Board had the option to purchase the undertaking if the license was issued prior to the Amendment Act\'s commencement. This op...

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Narayan Debnath Vs. The State of West Bengal [1974] INSC 175 (13 September 1974)

Judgement Date : 13 Sep 1974

Citation : 1974 Latest Caselaw 173 SC

Arun Ghosh Vs. State of West Bengal [1959] INSC 145 (2 December 1959)

Headnote :

The petitioner was detained under Section 3 of the Maintenance of Internal Security Act, 1971, solely on the basis that on February 16, 1973, around 10 p.m., he and his accomplices, armed with guns and other weapons, committed dacoity in a third-class compartment of a moving train. In a petition con...

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Daktar Mudi Vs. State of West Bengal [1974] INSC 176 (16 September 1974)

Judgement Date : 16 Sep 1974

Citation : 1974 Latest Caselaw 174 SC

Headnote :

The petitioner was held under the Maintenance of Internal Security Act, 1971, and was provided with the reasons for his detention. In response to a petition contesting the detention, the District Magistrate submitted a counter affidavit asserting that he had issued the detention order after being ge...

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Babubhai Muljibhai Patel Vs. Nandlal Khodidas Barot & Ors [1974] INSC 177 (17 September 1974)

Judgement Date : 17 Sep 1974

Citation : 1974 Latest Caselaw 175 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

A no-confidence vote was initiated by respondent no. 1 against the appellant, who was the elected President of a Municipality. The appellant\'s party asserted that the motion failed, while respondent no. 1 contended that it succeeded. When the appellant did not resign from his position, respondent n...

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Indrapuri Griha Nirman Sahakari Samiti Ltd. Vs. The State of Rajasthan & Ors [1974] INSC 178 (17 September 1974)

Judgement Date : 17 Sep 1974

Citation : 1974 Latest Caselaw 176 SC

Headnote :

A notification under section 4 of the Rajasthan Land Acquisition Act, 1953 was issued by the State Government in May 1960 and published in the gazette in June 1960. Subsequently, a notification under section 6 was issued in May 1961, followed by another under section 9 in July 1961.In January 1970,...

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Dhondiba Gundu Pomaje & Ors Vs. The State of Maharashtra [1974] INSC 179 (17 September 1974)

Judgement Date : 17 Sep 1974

Citation : 1974 Latest Caselaw 177 SC

CrPC Section 421. Warrant for levy of fine

Headnote :

According to the Constitution, any individual dissatisfied with a High Court order can appeal to the Supreme Court for special leave under Article 136. Given the longstanding precedent starting from [1953] S.C.R. 809, which discourages dismissing cases with a simple \'dismissed\', it is essential fo...

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M. A. Rasheed & Ors Vs. The State of Kerala [1974] INSC 180 (18 September 1974)

Judgement Date : 18 Sep 1974

Citation : 1974 Latest Caselaw 178 SC

Defence of India Act, 1971

Sadhu Singh Vs. Delhi Administration [1965] Insc 138 (1 June 1965)

Headnote :

The appellants, who own Small Scale Industrial Units, utilize mechanized processes for decorticating retted coconut husks. In July 1973, the respondent-State issued a notification under rule 114(2) of the Defence of India Rules, 1971, which imposed a complete ban on the use of machinery for defibrin...

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Municipality of Bhiwandi and Nizampur Vs. M/S. Kailash Sizing Works [1974] INSC 181 (20 September 1974)

Judgement Date : 20 Sep 1974

Citation : 1974 Latest Caselaw 179 SC

Headnote :

The respondent owned a structure adjacent to a nallah that carried both dirty and rainwater to the creek. Following the government\'s demolition of part of the dam upstream, the water stored in the lake was forced to flow through the nallah into the creek. The appellant had not completed the install...

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P.G. Joshi & Ors Vs. The Director General, Posts and Telegraphs, New Delhi [1974] INSC 182 (20 September 1974)

Judgement Date : 20 Sep 1974

Citation : 1974 Latest Caselaw 180 SC

Headnote :

Some clerks from the Posts and Telegraphs Department were chosen and appointed as Wireless Licence Inspectors and Town Inspectors under the regulations 279/4 issued by the Director General of Posts and Telegraphs. After three years, when these individuals were returned to their original positions as...

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Director of Inspection of Income Tax (Investigation) New Del Vs. Pooran Mal & Sons & ANR [1974] INSC 183 (20 September 1974)

Judgement Date : 20 Sep 1974

Citation : 1974 Latest Caselaw 181 SC

Headnote :

In October 1971, under an authorization from the Director of Inspection, searches were conducted at Pooran Mal\'s residence and business premises in Delhi, as well as at his premises in Bombay. During searches at the branch offices of Laxmi Commercial Bank and Punjab National Bank, 84 silver bars we...

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Ajantha Transports (P) Ltd. Coimbatore Vs. M/S. T. V. K. Transports, Pulampattti, Coimbatore, Distt [1974] INSC 184 (24 September 1974)

Judgement Date : 24 Sep 1974

Citation : 1974 Latest Caselaw 182 SC

Motor Vehicles Act, 1939

Headnote :

The rulings of this Court have clarified that the authority to issue permits under section 47 of the Motor Vehicles Act must be based on facts and circumstances that are pertinent to the public interest, which should always be prioritized when evaluating permit applications. If considerations that a...

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Sk. Sekawat Vs. The State of West Bengal [1974] INSC 185 (24 September 1974)

Judgement Date : 24 Sep 1974

Citation : 1974 Latest Caselaw 183 SC

Jayanarayan Sukul Vs. State of West Bengal [1969] INSC 324 (5 November 1969)

Headnote :

The petitioner, who was held under Section 3 of the Maintenance of Internal Security Act, 1971, filed a representation against the detention order after the Advisory Board had submitted its report, but prior to the State Government\'s confirmation of the order. However, the State Government confirme...

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Bolani Ores Ltd. Vs. State of Orissa [1974] INSC 186 (24 September 1974)

Judgement Date : 24 Aug 1974

Citation : 1974 Latest Caselaw 184 SC

Motor Vehicles Act, 1939

Headnote :

The appellants, who owned dumpers, rockers, and tractors, argued that these machines were not subject to registration under section 22 of the Indian Motor Vehicles Act, 1939, and therefore were not taxable under section 6 of the Bihar and Orissa Motor Vehicles Taxation Act, 1930. The trial court det...

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State of Mysore Vs. West Coast Papers Mills Ltd. & ANR [1974] INSC 187 (24 September 1974)

Judgement Date : 24 Sep 1974

Citation : 1974 Latest Caselaw 185 SC

Headnote :

The respondent company produces paper and other goods. Due to the inability of the Mysore Electricity Board to provide the full amount of electricity needed, the company began generating its own electricity. In 1966, the appellants issued a demand for Rs. 3,53,953.45 as outstanding electricity tax u...

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Mirza Nausherwan Khan & ANR Vs. The Collector (Land Acquisition), Hyderabad [1974] INSC 188 (26 September 1974)

Judgement Date : 26 Sep 1974

Citation : 1974 Latest Caselaw 186 SC

Headnote :

The State Government acquired a significant parcel of land, including several buildings, in the city of Hyderabad, which belonged to the appellant. The Collector determined compensation in accordance with the Hyderabad Land Acquisition Act. This compensation included amounts for the buildings, for s...

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Sant Narain Mathur & Ors Vs. Rama Krishna Mission & Ors [1974] INSC 189 (27 September 1974)

Judgement Date : 27 Sep 1974

Citation : 1974 Latest Caselaw 187 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Dr. Chandan Singh had two sons, Tegh Singh and Shamsher Singh, along with two daughters, Deva Devi and Lakshmi Devi. Dayali Devi was married to Shamsher Singh. In 1897, Dr. Chandan Singh created a will. Following this, both Chandan Singh and Tegh Singh passed away.Later, in 1944, Shamsher Singh exec...

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