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V. B. Raju & Ors Vs. State of Gujarat & Ors [1974] INSC 153 (22 August 1974)

Judgement Date : 22 Aug 1974

Citation : 1974 Latest Caselaw 151 SC

Headnote :

Under Regulation 561 of the Civil Service Regulations a member of the Indian Civil Service, who joined after 1921, was entitled on retirement to an annuity of Rs. 10666-10-8 subject to a minimum of & 1000. Regulation 983 provided that such Officers were entitled to payment of annuity, at the opt...
The Official Liquidator Vs. Raghava Desikachar & Ors [1974] INSC 154 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 152 SC

Headnote :

Respondent No. 5, who was the Managing Director of a limited company, resigned his post and in his capacity as a shareholder filed an application in the District Court for compulsory winding up of the company, which was ordered. The Official Liquidator made an application before the District Judg...
State of U.P. Vs. Durga Prasad [1974] INSC 155 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 153 SC

Headnote :

The respondent was working as a turner in the Railway workshop. He was found in possession of properties belonging to the Railways. The Sub-Inspector of Railway Protection Force inquired into the case under section 8(1) of the Act. During the course of enquiry he recorded statements of 3 persons. Th...
Shamsher Singh & ANR Vs. State of Punjab [1974] INSC 156 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 154 SC

Headnote :

The appellant Shamsher Singh was a Subordinate Judge on probation. His services were terminated by the Government of Punjab in the name of Governor of Punjab by an order which did not give any reasons for the termination. Likewise, the services of Ishwar Chand Agarwal were also terminated by the...
Aflatoon & Ors Vs. Lt. Governor of Delhi & Ors [1974] INSC 157 (23 August 1974)

Judgement Date : 23 Aug 1974

Citation : 1974 Latest Caselaw 155 SC

Headnote :

A notification under sec. 4 of the Land Acquisition Act was issued on Nov. 13, 1959, stating that an area of 34,070 acres of land was needed for a public purpose, viz. the planned development of Delhi. Between 1959 and 1961, about six thousand objections were filed under sec. 5A of the Act. The o...
Bishan Chand & Ors Vs. Sarabjit Singh & Ors [1974] INSC 158 (27 August 1974)

Judgement Date : 27 Aug 1974

Citation : 1974 Latest Caselaw 156 SC

Headnote :

The appellants belonged to Pepsi% Service. On 20th October, 1956 they held been promoted from the position of SubInspectors to Inspectors. On 1 Nov, 1956 there was the reorganisation of the State of Punjab. Pepsu became merged in Punjab. The appellants became integrated with other Inspectors working...
Godhu & ANR Vs. State of Rajasthan [1974] INSC 159 (27 August 1974)

Judgement Date : 27 Aug 1974

Citation : 1974 Latest Caselaw 157 SC

Headnote :

The appellants B and G were charged with offences under ss. 302 and 364 I.P.C. but were acquitted for an offence under s. 364 IPC. The deceased had made a dying declaration that he was taken forcibly into B's baithak and was shot at. At the trial B stated that he had fired at the deceased in sel...
Maruti Bala Raut Vs. Dashrath Babu Wathare & Ors [1974] INSC 160 (27 August 1974)

Judgement Date : 27 Aug 1974

Citation : 1974 Latest Caselaw 158 SC

Headnote :

In the year 1948 Miraj State was merged in the then Bombay Province and from that date the Bombay Tenancy Act 1939 became applicable to the lands in question. The question arose whether the appellant was a tenant at the time the Bombay Tenancy Act 1939 was made applicable and would therefore be a pr...
Mohanlal Ishvardas Panchal Vs. Union of India & Ors [1974] INSC 161 (28 August 1974)

Judgement Date : 28 Aug 1974

Citation : 1974 Latest Caselaw 159 SC

Headnote :

One of the shareholders of K company, of which the appellant was the Chairman, was B company holding 12,100 shares in K Company. The capital of B company was made up of 10,000 shares, of which 9998 shares were held by three shareholders and the other two by two shareholders of one share each. The...
Shri Umed Vs. Raj Singh & Ors [1974] INSC 162 (28 August 1974)

Judgement Date : 28 Aug 1974

Citation : 1974 Latest Caselaw 160 SC

Headnote :

With respect to the election to the State Legislative Assembly the last date for filing nominations was fixed on 11th February, 1972, and the last date for withdrawal of candidature was fixed on 14th February, 1972. The poll was held on 11th March, 1972 and the appellant, who polled the highest numb...
Saraswati Industrial Syndicate Ltd. Vs. Union of India [1974] INSC 163 (30 August 1974)

Judgement Date : 30 Aug 1974

Citation : 1974 Latest Caselaw 161 SC

Headnote :

Clause 7(1) of the Sugar (Control) Order, 1966, gives the Central Govt. power to fix the maximum sugar price by notification in the official Gazette "from time to time." Clause 7(2) requires the Govt. to fix the price "having regard to the estimated cost of production of sugar on the...
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

Headnote :

Various disputes between the parties were referred to a sole arbitrator. In an application under s. 151 C.P.C., the point was raised before the High Court that as the award directed partition of immovable property and the value of the immovable property was more than one lakh rupees it required regi...
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

Headnote :

Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970, provides that the seniority of the candidates appointed at the initial constitution of the service shall be in accordance with the "length of service rendered by them in the cadre to which they belong" at the time of their initial...
N. Krishnaih Setty Vs. Gopalakrishna & Ors [1974] INSC 166 (3 September 1974)

Judgement Date : 03 Sep 1974

Citation : 1974 Latest Caselaw 164 SC

Headnote :

Under s.14(1) of the Mysore Agriculturists Relief Act 1928 no agricultural land belonging to an agriculturalist shall be attached or sold in execution of any decree or order unless it has been specifically mortgaged for the payment of the debt to which such decree or order relates, The appellant fil...
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) provides that the powers of the Court in relation to applications for enlargement or abridgement of time except where the time is fixed by the Court or relates to deposit of security and except applications for condonation of delay in filing Special Leave Petitions, may be exerci...
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

Headnote :

The respondent was a typewriter mechanic under the appellant. He was charged with (1) having absented himself on a particular day without leave and without sufficient cause, and (2) that he on that day did some private repair work of a typewriter. A domestic enquiry was held, the charges were found...
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

Headnote :

Section 68C of the Motor Vehicles Act 1939 says that where ally State Transport Undertaking is of opinion that it is necessary in the public interest that road transport services in general should be run and operated by the Road Transport Undertaking it may prepare a scheme giving particulars of the...
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

Headnote :

The petitioner was detained under s. 3 of the Maintenance of Internal Security Act, 1971. 'The grounds communicated to him were, (1) that on 28-1-1973 at about 4.30 p.m., he. as a direct purchasing agent of the Food Corporation of India sold out 4 quintals of paddy from the stock held in the acc...
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

Headnote :

The petitioners are under-going sentences in the Central Jail at Vizagapatnam. The petitioners have filed the present writ petitions for the reliefs that the armed Police Guards posted around the Jail should be removed and that live wire electrical mechanism fixed on top of jail wall should be disma...
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

Headnote :

Section 68C of the Motor Vehicles Act, 1939, enables State Transport Under-. takings to prepare schemes excluding totally or partially, private operators from bus routes. It provides for the publication of the prepared scheme and cognate particulars in the official Gazette and in such other manner a...
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 cease, Rent and Eviction Control) Act, 1960, does not apply to any building constructed after August 1957. The appellant was the owner of a building which was constructed in 1958 and the respondent was the tenant. The appellant. by mistake, filed an application before...
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

Headnote :

Section 6(1) of the Indian Electricity Act, 1910 as amended by the Amendment Act of 1959, provided that where a, licence had been granted to any person, the State Electricity Board shall, in the case of a licence granted before the commencement of the Amendment Act, on the expiration of such period...
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

Headnote :

The petitioner was detained under s. 3, Maintenance of Internal Security Act, 1971, on the sole ground that on 16-2-1973 at about 10 p.m. he, along with his associates, being armed with guns and other weapons, committed dacoity in a third class compartment of a running train. In a petition challengi...
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 detained under the Maintenance of Internal Security Act, 1971. He was served with the grounds for his detention. In a petition challenging the detention the District Magistrate filed his counter affidavit stating that lie had passed the order of detention after being bona fide sat...
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

Headnote :

A vote of no confidence was moved by respondent no. 1 against the appellant who was the elected President of a Municipality. The appellant's party claimed that the motion was lost while the respondent no. 1 claimed that it was carried. Since the appellant did not vacate his office respondent no....
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 notice under s. 4 of the Rajasthan Land Acquisition Act, 1953 was issued by the State Government in May, 1960. It was published in the gazette in June, 1960. A notice under s. 6 was issued in May, 1961 and under s. 9 in July, 1961. In January 1970 the appellants challenged the validity of these...
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

Headnote :

Inasmuch as under the Constitution any person aggrieved by an order of the High Court can petition to the Supreme Court under Art. 136 for special leave, it is necessary, having regard to the long series of decisions beginning with [1953] S.C.R. 809, which discourage the practice of dismissal by the...
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

Headnote :

The appellants, who are owners of Small Scale Industrial Units, employ mechanised process for decortication of retted coconut husks. The respondent-State issued a notification in July 1973, under r. 114(2) of the Defence of India Rules,, 1971, imposing a total ban on the use of machinery for defibri...
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 had a structure beside a nallah which carries dirty water and rain water to the creek. The Government demolished a portion of the dam upstream as a result of which the water stored in the lake was bound to pass through the nallah to the creek. The appellant had left unfinished the wor...
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 :

Certain clerks in the Posts and Telegraphs Department were selected and appointed as Wireless Licence Inspectors and Town Inspectors tinder rules 279/4 promulgated by the Director General of Posts and Telegraphs. When the incumbents of these posts were brought back to their original posts after the...
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 :

On an authorisation issued by the Director of Inspection, Pooran Mal's residence and business premises in Delhi were searched in October 1971. His premises in Bombay were also searched. On a search made in the Branch offices of Laxmi Commercial Bank and the Punjab National Bank 84 silver bars in...
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

Headnote :

Decisions of this Court have made it clear that an exercise of the permit issuing power, under s. 47 of the Motor Vehicles Act, must rest on facts and circumstances relevant for decision on the question of public interest which has to be always placed in the forefront in considering applications for...
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

Headnote :

The petitioner who was detained under s. 3 of the Maintenance of Internal Security Act, 1971 submitted a representation against the order of detention after the Advisory Board had submitted its report but before the State Government confirmed the order. Without considering The representation. howeve...
Bolani Ores Ltd. Vs. State of Orissa [1974] INSC 186 (24 September 1974)

Judgement Date : 24 Aug 1974

Citation : 1974 Latest Caselaw 184 SC

Headnote :

The appellants who owned Dumpers, Rockers and Tractors claimed that these machines were not liable for registration under s. 22 of the Indian Motor Vehicles Act, 1939 and as such were not taxable under s. 6 of the Bihar and Orissa Motor Vehicles Taxation Act, 1930. The trial court held that the mach...
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 is manufacturing paper and other products. Since the Mysore Electricity Board was not in a position to supply the entire quantity required by the respondent company, the company started generating electricity. In 1966, the appellants made a demand of Rs. 3,53,953.45 as arre...
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 large area with some buildings thereon in the city of Hyderabad, belonging to the appellant and the Collector awarded compensation under the Hyderabad Land Acquisition Act. The compensation was made up of sums awarded for buildings, for standing trees, for a belt of l...
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

Headnote :

Dr. Chandan Singh had two sons Tegh Singh and Shamsher Singh and two daughters Deva Devi and Lakshmi Devi Dayali Devi was the wife of Shamsher Singh. Dr. Chandan Singh executed a will in 1897. Chandan Singh and Tegh Singh died. Thereafter Shamsher Singh executed a will in 1944 in favour of Rama K...
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 arrested at Dhanbad on 6th March, 1974 and after being produced before the Sub-Divisional Magistrate, he was taken to Bhagalpur Central Jail from Dhanbad. On an application made by the petitioner, the Sessions Judge granted bail to the petitioner, and an order dated 18th, March, 1...
Satya Vs. Teja Singh [1974] INSC 191 (1 October 1974)

Judgement Date : 01 Oct 1974

Citation : 1974 Latest Caselaw 189 SC

Headnote :

Section 13(a), Civil Procedure Code, 1908, makes a foreign judgment conclusive as to any matter thereby directly adjudicated upon except where it has not been pronounced by a Court of competent jurisdiction;' and s. 41, Indian Evidence Act, 1872, provides that a final judgment of a competent Cou...
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, provides that the normal term of a panchayat is 5 years from the date of its first meeting and that the term could be extended by the State Government by a period not exceeding one year in the aggregate. The 5-year term of the Taluka Panchayats a...
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

Headnote :

The Gujarat Legislature enacted Gujarat Devasthan Inams Abolition Act, 1969. Section 5 of the Act provides for abolition of certain Devasthan Inams together with their incidents and makes Devasthan lands liable to payment of land revenue. Section 8 vests all public roads, lanes, tracks, bridges, dit...
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

Headnote :

Section 77(1) of the Representation of the People Act, 1951, provides that every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure, in connection with the election, incurred or authorised by him or by his election agent...
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

Headnote :

The appellants filed a suit for the recovery of a money debt against the respondents. The suit was compromised and by the compromise decree three items of the respondent's property were sought to be charged. The compromise decree was presented in the Registrar's office and was noted in Book...
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

Headnote :

Certain inter-state sales of the appellants were assessed by the Sales Tax Officer to central sales-tax before 10th November, 1964. On that date this Court in Yaddalam Lakshmi Narsimhaiah Setty & Sons held that where a certain transaction was not liable to sales tax if it were an intrastate sale...
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

Headnote :

(1)Under s. 4B of the Bombay Tenancy and Agricultural Lands Act, 1948, no tenancy of any land shall be terminated merely on the ground that the period, fixed by agreement or usage, for its duration, has expired. The appellant became a tenant under the respondent and the period of tenancy was for...
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 disputed property belonged to a Muslim who left India in 1942. After the partition of the country she migrated to Pakistan in 1948, without coming to India. In 1962 she came to India and sold the property to respondent no. 1 for a sum of Rs. 42,000. Respondent no. 1 purchased the property after...
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

Headnote :

A person aggrieved by an order promoting a junior over his head should approach the court within six months, or at the most, within a year after such promotion, though there is no period of limitation for the exercise of powers under Art.226 Except in exceptional cases, it would be a sound and wise...
State of Punjab Vs. Bhagat Ram [1974] INSC 200 (9 October 1974)

Judgement Date : 09 Oct 1974

Citation : 1974 Latest Caselaw 198 SC

Headnote :

In a suit for declaration that his dismissal was illegal the respondent contended that copies of statements of witnesses to be examined at the departmental enquiry were not supplied to him in spite of his request. The trial court held that no reasonable opportunity was given to the respondent. Th...
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 dissolved and the deed of dissolution provided that the machinery, raw-materials and finished goods in stock as also other assets and liabilities were to be divided equally between the two partners. The respondent was to have the advantage of continuing the firm name, the benefit o...
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

Headnote :

In Civil Appeals Nos. 2229, 2230 and 2231 of 1969. the Appellate Assistant Commissioner and the Appellate Tribunal held that the appellant company was liable to pay sales tax under the Madras General Sales Tax Act, 1939, in respect of bodies constructed and fitted by it to the chassis provided by th...
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