Caselaw | Supreme Court Judgements of april 1975

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Dinanath Pansari Vs. Collector & D. M. Keonjhar & ANR [1975] INSC 84 (1 April 1975)

Judgement Date : 01 Apr 1975

Citation : 1975 Latest Caselaw 84 SC

Headnote :

The order of detention dated 6-7-1974 passed by the District Magistrate of Keonjhar, Orissa, recited that the District Magistrate was satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the com- munity...

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Lala Balmukund (Dead) Through L.Rs. Vs. Lajwanti & Ors [1975] INSC 85 (1 April 1975)

Judgement Date : 01 Apr 1975

Citation : 1975 Latest Caselaw 85 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

One Roshan Lal and two others filed a suit in the Court of Munsif Havali, Lucknow against Balmukund and another for dissolution of partnership, rendition of accounts and recovery. The suit was finally heard and decided by the Munsif as per his judgment dated 30-10-1956, in these terms : "Def...

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Commissioner of Sales-Tax, U.P. Vs. Mangal Sen Shyam Lal [1975] INSC 86 (2 April 1975)

Judgement Date : 02 Apr 1975

Citation : 1975 Latest Caselaw 86 SC

Headnote :

The respondent, a dealer, was assessed in July, 1948. In January, 1960, the Sales Tax Officer wrote a letter to the Sales Tax Commissioner pointing out a mistake which had crept in the order of assessment. In April 1960, the Commissioner filed a Revision Application under s. 10 of the Act. Section 1...

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Dhanraj Vs. Smt. Suraj Bai [1975] INSC 87 (3 April 1975)

Judgement Date : 03 Apr 1975

Citation : 1975 Latest Caselaw 87 SC

Hindu Adoptions and Maintenance Act, 1956

Headnote :

Section 6(ii) of the Hindu Adoption and Maintenance Act, 1956 states that no adoption shall be valid unless the person giving in adoption had the capacity to do so. Section 9(1) says that no person except the father or mother or the guardian of a child shall have the capacity to give a child in a...

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Dattonpant Gopalvarao Devakate Vs. Vithabrao Maruthirao Janagavai, [1975] INSC 88 (3 April 1975)

Judgement Date : 03 Apr 1975

Citation : 1975 Latest Caselaw 88 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 110. TPA, Exclusion of day on which term commences.
Section 111. TPA, Determination of lease.
Section 116. TPA, Effect of holding over.
Section 6. TPA, What may be transferred.

Ganga Dutt Murarka Vs. Kartik Chandra Das & Ors [1961] INSC 46 (10 February 1961)

Headnote :

The appellant was tenant under the respondent's predecessor for a period of one year tenancy commencing from April 9, 1945. The respondent purchased the property in August, 1968 and the appellant became his tenant. On November 19, 1968 the respondent gave notice to the appellant terminating his...

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Pedda Narayana & Ors Vs. State of Andhra Pradesh [1975] INSC 89 (8 April 1975)

Judgement Date : 08 Apr 1975

Citation : 1975 Latest Caselaw 89 SC

CrPC Section 174. Police to enquire and report on suicide, etc

Headnote :

The first accused borrowed money from the deceased and as the money was not repaid the deceased filed a suit against him. Angered by being drawn into litigation, A. 1 to A. 3 and three others came upon the deceased in a jeep driven by A. 4, and A. 1 to A. 3 getting down from the jeep stabbed the dec...

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Harsookdas Balkissendas Vs. The First Land Acquisition Collector & Ors [1975] INSC 90 (8 April 1975)

Judgement Date : 08 Apr 1975

Citation : 1975 Latest Caselaw 90 SC

Headnote :

Section 49(2) of the Land Acquisition Act provides that if in the case of any claim under s. 23(1), thirdly, by a person interested, on account of the severing of the land to be acquired from his other land the appropriate Government is of the opinion that the claim is unreasonable and excessive, it...

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C.I.T. Madras Vs. T. Vs. Sundram Iyengar (P) Ltd. [1975] INSC 91 (9 April 1975)

Judgement Date : 09 Apr 1975

Citation : 1975 Latest Caselaw 91 SC

Headnote :

Under Section 23A of the Indian income Tax Act, 1922, if in respect of any previous year the profits and gains distributed as dividends within the 12 months immediately following the expiry of that previous year are less than the statutory percentage of the total income of that previous year as redu...

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Om Prabha Jain Vs. Charan Das & ANR [1975] INSC 92 (10 April 1975)

Judgement Date : 10 Apr 1975

Citation : 1975 Latest Caselaw 92 SC

Headnote :

Section 77 of the Representation of the People Act, 1951, provides that every candidate at an election shall keep an account of expenditure incurred in connection with the election and that the total expenditure shall not exceed the amount prescribed. The appellant and the first respondent contes...

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Mohd. Dhana Ali Khan Vs. State of West Bengal [1975] INSC 93 (11 April 1975)

Judgement Date : 11 Apr 1975

Citation : 1975 Latest Caselaw 93 SC

Headnote :

The petitioner was detained under the provisions of the Maintenance of Internal Security Act, 1971. In a petition under Art. 32 of the Constitution the petitioner contended that a single incident of theft committed in a train had no nexus with the disturbance of public order, (2) that under S. 14 of...

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Mohd. Serajuddin Vs. State of Orissa [1975] INSC 94 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 94 SC

Central Sales Tax Act, 1956

Headnote :

The appellants entered into two contracts with the State Trading Corporation. The S.T.C. entered into identical contracts with the foreign buyers for sale of the identical goods purchased by the S.T.C. from the appellant. the clauses as to shipment, sampling, analysis, weighment, payment are identic...

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Dattatraya Narayan Patil Vs. State of Maharashtra [1975] INSC 95 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 95 SC

Indian Penal Code, 1860 (IPC)
IPC Section 353. Assault or criminal force to deter public servant from discharge of his duty

Headnote :

Shri Antulay, a Minister presided over a meeting of the District Advisory Committee. The appellant attended that meeting as an M.L.A. and his brother attended is a Sabha- Patai of the Building Department of the Zila Parishad. According to the prosecution, the appellant and his brother assaulted S...

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Natabar Parida Bisnu Charan Parida Batakrushnaparida Babaji Vs. State of Orissa [1975] INSC 96 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 96 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 309. Power to postpone or adjourn proceedings
CrPC Section 344. Summary procedure for trial for giving false evidence
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

In respect of an occurrence which took place on 8th March, 1974, at a place in the District of Cuttack, a police investigation commenced in connection with the offences alleged to have been committed under sections 147, 148, 307, 302 simplicities as also with the aid of section 149 of the Indian Pen...

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Balaka Singh & Ors Vs. State of Punjab [1975] INSC 97 (16 April 1975)

Judgement Date : 16 Apr 1975

Citation : 1975 Latest Caselaw 97 SC

CrPC Section 107. Security for keeping the peace in other cases

Headnote :

A cousin of the deceased, who acted as his body guard and the first appellant and his party were on inimical terms. Some years before the occurrence the first appellant was charged with an offence of murder, in which the cousin was the chief prosecution witness. The appellant was acquitted by the...

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Krishna Chandra Gangopadhyaya Vs. Union of India & Ors [1975] INSC 98 (18 April 1975)

Judgement Date : 18 Apr 1975

Citation : 1975 Latest Caselaw 98 SC

Bihar Land Reforms Act, 1950
Bihar State Laws
Constitution of India
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

This Court in the case of Baij Nath Kedia declared the second proviso to section 10(2) of the Bihar Land Reforms Act, 1950 unconstitutional on the ground that the Bihar Legislature had no jurisdiction to enact it and that Parliament alone was competent to legislate. This Court also held that rule 20...

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Commissioner of Sales Tax, U.P. Vs. M/S. Sarin Textiles Mills [1975] INSC 99 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 99 SC

Headnote :

The respondent is a manufacturer of and dealer in 'Woollen Carpet Yarn', popularly known as kati. For the assessment years 1959-60 and 1961-62 he was taxed by the Sales Tax officer at 6 pies per rupee and 3 pies per rupee, respectively, under two notifications applicable to the two assessmen...

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G. Vs. Gunayya Chetty & ANR Vs. V. Dasaratharamaiah & Ors [1975] INSC 100 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 100 SC

Headnote :

The Government, by a notification issued under sec. 3, subsec. (3) of the Andhra Pradesh Agricultural Produce and Live-Stock Markets Act, 1966, declared the area comprised in Machilipatnam, Bandar and Divi taluka to be notified area for the purposes of the Act. This was followed by a notification da...

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K. P. Poulose Vs. State of Kerala & ANR [1975] INSC 101 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 101 SC

Headnote :

For the construction of three overhead reservoirs tenders were invited. The appellant was the successful tenderer for the work. The notification inviting tender,., gave a description of the soils at the places of constructions. Sometime later, however, the Research Institute of the State Governme...

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Bhabhi Vs. Sheo Govind & Ors [1975] INSC 102 (21 April 1975)

Judgement Date : 21 Apr 1975

Citation : 1975 Latest Caselaw 102 SC

Code of Civil Procedure, 1908 (CPC)

Baldev Singh Vs. Teja Singh Swatantar & Ors [1975] INSC 14 (24 January 1975)

Headnote :

The appellant was elected to the U.P. Legislative Assembly. The appellant defeated respondent No. 1 by a margin of 94 Votes. The respondent No. 1 in his election petition made an application for inspection of the ballot papers on the ground that there were improper reception and rejection of vote...

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Mohsin Ali & Ors Vs. State of Madhya Pradesh [1975] INSC 103 (22 April 1975)

Judgement Date : 22 Apr 1975

Citation : 1975 Latest Caselaw 103 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

By Firman of 1934, the then ruler of Bhopal in appreciation of long and distinguished service of Sir Liyaqat Ali gave him, in addition to the grant of pension, the residential house in question and a sum of Rs. 400/- per month out of the Privy Purse of the Ruler. Liaqat Ali died in March 1947 wit...

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State of Madhya Pradesh & Ors Vs. Tikam Das [1975] INSC 104 (22 April 1975)

Judgement Date : 22 Apr 1975

Citation : 1975 Latest Caselaw 104 SC

Madhya Pradesh Excise Act, 1915

Headnote :

The respondent had a licence for sale of foreign liquor issued under the Foreign Liquor Rules made under the Madhya Pradesh Excise Act, 1915. On the date of the expiry of the licence (March 31, 1964), he had a large quantity of unsold foreign liquor, which had to be surrendered by him to the authori...

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Martand Dairy & Farm Vs. The Union of India & Ors [1975] INSC 105 (23 April 1975)

Judgement Date : 23 Apr 1975

Citation : 1975 Latest Caselaw 105 SC

Central Sales Tax Act, 1956

Headnote :

A notification issued under the Central Sales Tax Act, 1956 allowed exemption to, among others, cream but excluding "products sold in sealed containers". The appellant sends cream to Calcutta in sealed container& The sales tax authorities held that the sales were of cream, that they we...

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Balwant Narayan Bhagde Vs. M. D. Bhagwat & Ors [1975] INSC 106 (23 April 1975)

Judgement Date : 23 Apr 1975

Citation : 1975 Latest Caselaw 106 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

For the purpose of acquiring land for an Agricultural College a notification was issued under s. 4 of the Land Acquisition Act, 1894, in January 1959, with respect to several pieces of land one of which belonged to the respondents and was in possession of the appellant as tenant. After the issue...

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Puran Singh & Ors Vs. State of Punjab [1975] INSC 107 (25 April 1975)

Judgement Date : 25 Apr 1975

Citation : 1975 Latest Caselaw 107 SC

IPC Section 102. Commencement and continuance of the right of private defence of the body
IPC Section 105. Commencement and continuance of the right of private defence of property

Munshi Ram & Ors Vs. Delhi Administration [1967] INSC 278 (27 November 1967)

Headnote :

All the appellants were convicted by the Sessions Judge under s. 302 read with s. 149 I.P.C. and s. 326 read with 149 I.P.C. and sentenced to life imprisonment. The High Court affirmed the conviction and sentence. In a dispute over land between the party of the appellants and the complainant, the...

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Ziyauddin Burhanuddin Bukhari Vs. Brijmohan Ramdass Mehra & Ors [1975] INSC 108 (25 April 1975)

Judgement Date : 25 Apr 1975

Citation : 1975 Latest Caselaw 108 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant a candidate of Muslim League defeated respondent No. 3 Shauket Chagla, the Congress candidate in the Maharashtra State in Assembly Election,. Respondent No. 1, a voter filed an Election Petition, inter alia, alleging that the appellant appealed to the voters to refrain from voting f...

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Ramesh Himmatlal Shah Vs. Harsukh Jadhavji Joshi [1975] INSC 109 (25 April 1975)

Judgement Date : 25 Apr 1975

Citation : 1975 Latest Caselaw 109 SC

Code of Civil Procedure, 1908 (CPC)
Maharashtra Co-Operative Societies Act, 1960
Maharashtra Cooperative Societies Rules, 1961
Presidency-Towns Insolvency Act, 1909

Headnote :

The appellant is the decree-holder. He obtained a money decree against the respondent judgment-debtor and took a warrant of attachment of flat No. 9 of Paresh Cooperative Housing Society Limited at Santacruz, Bombay. This flat was attached on August 8, 1970 and a warrant of attachment was served on...

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Shamim Rahmani Vs. State of U.P [1975] INSC 110 (28 April 1975)

Judgement Date : 28 Apr 1975

Citation : 1975 Latest Caselaw 110 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder

Headnote :

The appellants were brother and sister and were living in different localities of the city. The sister developed illicit intimacy with the deceased, but finding that he was not giving her exclusive attention, fired a shot at him when he came to her house. On hearing about the incident the brother...

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N. Lakshmana Rao & Ors Vs. State of Karnataka & Ors [1975] INSC 111 (29 April 1975)

Judgement Date : 29 Apr 1975

Citation : 1975 Latest Caselaw 111 SC

Constitution of India
States Reorganisation Act, 1956

B. S. Vadera Vs. Union of India & Ors [1968] INSC 84 (27 March 1968)
Roshan Lal Tandon Vs. Union of India [1967] INSC 174 (14 August 1967)
The State of Mysore Vs. Padmanabhacharya [1965] INSC 196 (5 October 1965)

Headnote :

The new State of Mysore came into existence on 1 November, 1956, consequent upon the reorganization of States brought about by the states Reorganization Act, 1956. The reorganized new State consisted of the former Suite of Mysore, part of the former State of Bombay, part of the former Stat of Hydera...

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Smt. Ratni Devi & ANR Vs. Chief Commissioner, Delhi & Ors [1975] INSC 112 (30 April 1975)

Judgement Date : 30 May 1975

Citation : 1975 Latest Caselaw 112 SC

Headnote :

The Government set up Town Planning Organisation in 1955 which prepared an interim general Plan for Delhi in 1956. The influx of displaced persons after partition of the country, the growth of slum, the problems of overcrowding, insanitation, traffic hazards, sub-standard construction and lack of...

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Uttar Pradesh Government Vs. Sabir Hussain [1975] INSC 113 (30 April 1975)

Judgement Date : 30 Apr 1975

Citation : 1975 Latest Caselaw 113 SC

Constitution of India
Government of India Act, 1935

Khem Chand Vs. Union of India [1962] INSC 264 (25 September 1962)
Khem Chand Vs. The Union of India & Ors [1957] INSC 113 (13 December 1957)

Headnote :

Section 240 of Government of India Act, 1935 states that no person shall be dismissed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. Article 311(2) of the Constitution (after the 15th Amendment) states...

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Jamilabai Abdul Kadar Vs. Shankerlal Gulabchand & Ors [1975] INSC 114 (30 April 1975)

Judgement Date : 30 Apr 1975

Citation : 1975 Latest Caselaw 114 SC

Advocates Act, 1961

Headnote :

The appellant engaged a pleader to fight her case in a Court. The case was adjourned from time to time for the parties to compose their differences. Eventually, the Court recorded a compromise, signed by the pleader of the appellant. At the time of signing the compromise, though the appellant was no...

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