Caselaw | Supreme Court Judgements of december 1975

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Mahammadunni's Son Kappatta Kathokandath Bava Vs. Kunhoosa's Son Ampalath Veettil Kunnathodath Mahammadunni [1975] INSC 296 (2 December 1975)

Judgement Date : 02 Dec 1975

Citation : 1975 Latest Caselaw 294 SC

Headnote :

The plaintiff, who is the son of the brother of defendant No. 3\'s mother, initiated a lawsuit for the partition of properties that belonged to the parents of defendant No. 3.Defendant Nos. 1 and 2 are the sons of the brothers of defendant No. 3\'s mother, while defendant No. 4 is the son of the bro...

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Madras Rubber Factory Ltd. Vs. The Union of India & Ors [1975] INSC 297 (3 December 1975)

Judgement Date : 03 Dec 1975

Citation : 1975 Latest Caselaw 295 SC

Headnote :

The appellants\' imported product, \"V. P. Latex,\" was classified under item 87 of the Indian Tariff Act of 1934, leading the customs authorities to impose customs duty along with a countervailing duty as per item 15A of the Central Excise Tariff, in line with the Central Salt & Excise Act of 1944....

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Union of India Vs. P. M. Jayarajan [1975] INSC 298 (3 December 1975)

Judgement Date : 03 Dec 1975

Citation : 1975 Latest Caselaw 296 SC

Constitution of India

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

Headnote :

The respondent, a former Secretary of State Service Officer, had his pension claim at the rate of 1 shilling and 9 pence to a rupee approved by the Accountant General. However, the Union appellant overturned this decision and ordered the recovery of the excess payment. The respondent, citing the sec...

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Gorelal Dubey Vs. State of Madhya Pradesh & Ors [1975] INSC 299 (4 December 1975)

Judgement Date : 04 Dec 1975

Citation : 1975 Latest Caselaw 297 SC

Headnote :

Regarding an 8.36-acre tract of land rich in limestone located in the village of Bistara, Jabalpur District, there were two applications submitted to the State Government (the Respondent in C.A. 785/71 and the Appellant in C.A. 1781/75) that had the authority to issue a prospecting license or a mini...

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Pratap Narain Singh Deo Vs. Srinivas Sabata & ANR [1975] INSC 300 (4 December 1975)

Judgement Date : 04 Dec 1975

Citation : 1975 Latest Caselaw 298 SC

Headnote :

According to Section 2(i)(1) of the Workmen\'s Compensation Act, 1923, \"total disablement\" refers to any disablement, whether temporary or permanent, that prevents a worker from performing all the tasks he was capable of at the time of the incident that caused the disablement.Under Section 4A(3),...

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Superintendent, Central Excise & ANR Vs. Ayyangar Match Works [1975] INSC 301 (4 December 1975)

Judgement Date : 04 Dec 1975

Citation : 1975 Latest Caselaw 299 SC

Headnote :

In order to safeguard smaller manufacturers from competition with larger ones, the Government of India issued a notification on July 21, 1967, later amended on September 4, 1967, which established a reduced duty rate for those manufacturers who declared before September 4, 1967, that their estimated...

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Bhupendra Ratila Thakkar & ANR Vs. Commissioner of Income Tax, Gujarat & Ors [1975] INSC 302 (5 December 1975)

Judgement Date : 05 Dec 1975

Citation : 1975 Latest Caselaw 300 SC

Constitution of India

Headnote :

The petitioners operate as Shroffs and Bankers. The Income-tax Department conducted searches at various locations associated with the petitioners and confiscated Rs. 12 lakhs in cash, citing sections 132 and 132A of the Income-tax Act. The petitioners argued that this amount was part of their stock-...

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Ajantha Industries & Ors Vs. Central Board of Direct Taxes,New Delhi & Ors [1975] INSC 303 (5 December 1975)

Judgement Date : 05 Dec 1975

Citation : 1975 Latest Caselaw 301 SC

Income Tax Act, 1961
Mineral Concession Rules, 1960

Headnote :

The appellants had been assessed under the Income Tax Act by the Income Tax Officer in Nellore for several years. On January 23, 1973, the Central Board of Direct Taxes issued a notice to the appellants under section 127(1) of the Income Tax Act, proposing to transfer their case files from the Incom...

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Balabhagas Hulaschand Vs. State of Orissa [1975] INSC 304 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 302 SC

Central Sales Tax Act, 1956
Constitution of India
Sale of Goods Act, 1930

State of Madras Vs. N. K. Nataraja Mudaliar [1968] INSC 108 (18 April 1968)

Headnote :

The appellant, a company based in Calcutta that specializes in the trade of jute, used to acquire raw jute from Orissa and ship it in bags from Cuttack and Dhanmandal Railway Station to the Railway Mills Siding Station in Calcutta. The goods were booked under the name of the buyer, \"KB & Co\", thro...

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Legal Remembrancer of Govt. of West Bengal Vs. Haridas Mundra [1975] INSC 305 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 303 SC

Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

Headnote :

The respondent, who is a company director, faced charges under sections 418 and 471 in conjunction with sections 468 and 477A of the Indian Penal Code, based on allegations of defrauding the company. During the trial, a single judge of the High Court dismissed the case, stating that he lacked jurisd...

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Navneet Lal Alias Rangi Vs. Gokul & Ors [1975] INSC 306 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 304 SC

Pearey Lal Vs. Rameshwar Das [1962]356 (10 December 1962)
Gnanambal Ammal Vs. T. Raju Ayyar & Ors [1950] INSC 28 (21 October 1950)
Ram Gopal Vs. Nand Lal & Ors [1950] INSC 31 (14 November 1950)

Headnote :

One individual, referred to as \'BC\', who was governed by the Mitakshra School of Hindu Law and had no children, was concerned about the potential claims to his property after his death from his only brother \'RR\' and his nephew \'K\'. These relatives had been hostile towards him since the divisio...

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Bhagwan Singh Vs. The State of Haryana [1975] INSC 307 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 305 SC

Indian Penal Code, 1860 (IPC)
IPC Section 411. Dishonestly receiving stolen property

Headnote :

The appellant, referred to as \"B\" and serving as a Head Constable, attempted to assist the accused in not only achieving an acquittal but also in recovering the seized coins. To this end, he approached \"J\", a constable responsible for investigating a case under section 411 of the Indian Penal Co...

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Rattan Lal Vs. Vardesh Chander & Ors [1975] INSC 308 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 306 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 111. TPA, Determination of lease.

Headnote :

The landlord, who is the respondent, rented out the property in question to the tenant, who is the appellant, in 1954, prior to the Transfer of Property Act being applicable in Delhi, where the property is located. The Act was applied to Delhi in 1962. In 1967, the landlord initiated eviction procee...

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Union of India Vs. M/S.Chaturbhai M. Patel & Co [1975] INSC 309 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 307 SC

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

Headnote :

The respondent initiated legal action against the Union of India, claiming that due to the railways\' negligence, a shipment of tobacco he sent to Gaya was replaced during transit with inferior tobacco, which was then delivered in Gaya. Conversely, the railways accused the respondent of engaging in...

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Union of India & Ors Vs. Coromandel Fertilizers Limited & ANR [1975] INSC 310 (9 December 1975)

Judgement Date : 09 Dec 1975

Citation : 1975 Latest Caselaw 308 SC

Income Tax Act, 1961

Headnote :

Section 80A(2) of the Income Tax Act, 1961 stipulates that the total deductions allowed under Chapter VIA cannot exceed the gross total income of the taxpayer. According to Section 80J(1) within Chapter VIA, if the gross total income of a taxpayer includes profits and gains from an industrial undert...

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Union of India & Ors Vs. Iqbal Singh [1975] INSC 311 (10 December 1975)

Judgement Date : 10 Dec 1975

Citation : 1975 Latest Caselaw 309 SC

Section 6. TPA, What may be transferred.

Headnote :

The respondent, a displaced person from Pakistan, had a verified claim exceeding Rs. 32 lacs for compensation under the Displaced Persons (Compensation & Rehabilitation) Act of 1954. His uncle, Jai Singh, also had a verified claim of approximately Rs. 26 lacs. Jai Singh executed a will that bequeath...

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Om Prakash Vs. Delhi Administration & ANR [1975] INSC 312 (10 December 1975)

Judgement Date : 10 Dec 1975

Citation : 1975 Latest Caselaw 310 SC

CrPC Section 403. Option of court to hear parties
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

Samples of cow\'s milk were collected by the relevant officials from 6 out of several cans that the appellant was transporting in a truck, and these samples were sent for analysis. Upon discovering that the samples were adulterated, the appellant faced prosecution for an offense under section 16 in...

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Kalyanji Mavji & Co Vs. C.I.T., West Bengal-Ii [1975] INSC 313 (10 December 1975)

Judgement Date : 10 Dec 1975

Citation : 1975 Latest Caselaw 311 SC

Headnote :

The appellant, a registered partnership firm, submitted its income tax returns for the fiscal years 1956-57 and 1957-58, reporting a total income of Rs. 7,44,551 after deducting Rs. 43,116, which represented the interest paid on debts incurred for the partnership business, along with a supporting ba...

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Kok Singh Vs. Deokabai [1975] INSC 314 (10 December 1975)

Judgement Date : 10 Dec 1975

Citation : 1975 Latest Caselaw 312 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, who purchased property from the respondent\'s husband, agreed that if the purchase price was not paid, the outstanding amount would be secured as a charge on the property. Following her husband\'s death, the respondent initiated legal action, claiming that the appellant failed to pay...

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State of Madhya Pradesh & ANR Vs. Shri Rameshwar Prasad [1975] INSC 315 (10 December 1975)

Judgement Date : 10 Dec 1975

Citation : 1975 Latest Caselaw 313 SC

States Reorganisation Act, 1956

Headnote :

Employee \"R\" of the Government of C.P. & Berar was assigned to the newly formed State of Madhya Pradesh, which was established in 1956 by merging the former states of Maha Koshal, Madhya Bharat, Vindhya Pradesh, and Bhopal. A provisional common gradation list for officers from these merging states...

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J. R. Malhotra & ANR Vs. Additional Sessions Judge, Jullundur & Ors [1975] INSC 316 (11 December 1975)

Judgement Date : 11 Dec 1975

Citation : 1975 Latest Caselaw 314 SC

Income Tax Act, 1961
Indian Penal Code, 1860 (IPC)
IPC Section 414. Assisting in concealment of stolen property

Headnote :

Under a search warrant issued pursuant to section 132 of the Income Tax Act, 1961, the Income Tax Authorities confiscated certain documents and cash from the respondent. Additionally, the Police initiated a criminal case against him. Subsequently, the Income Tax Officer assessed him for tax and offs...

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Executive Committee of Vaish Degree College Shamli & Ors Vs. Lakshmi Narain & Ors [1975] INSC 317 (12 December 1975)

Judgement Date : 12 Dec 1975

Citation : 1975 Latest Caselaw 315 SC

Constitution of India
Specific Relief Act, 1963

Indian Airlines Corporation Vs. Sukhdeo Rai [1971] INSC 129 (27 April 1971)
Life Insurance Corporation of India Vs. Sunil Kumar Mukherjee & Ors [1963] INSC 227 (22 November 1963)

Headnote :

The appellant is the Executive Committee of a college, which is an Educational Institution registered under the Registration of Co-operative Societies Act and affiliated with a University. According to the University Act, any decision made by the management of an affiliated college to terminate a te...

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Sheo Kuer Vs. Nathuni Prasad Singh & Ors [1975] INSC 318 (12 December 1975)

Judgement Date : 12 Apr 1975

Citation : 1975 Latest Caselaw 316 SC

Hindu Succession Act, 1956

Headnote :

Kachnar Kuer, who inherited her late husband\'s property, executed two registered documents. One of these documents was for the adoption of a son to her deceased husband, while the other, known as an Arpan-nama, established a religious endowment in the name of Shri Gopalji, appointing her mother-in-...

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Putti Kondala Rao & Ors Vs. Vellamanchili Sitarattamma & ANR [1975] INSC 319 (12 December 1975)

Judgement Date : 12 Dec 1975

Citation : 1975 Latest Caselaw 317 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In a case brought under O.XXI, r. 90 of the Civil Procedure Code, the appellants (judgment-debtors) claimed that the sale of their property, conducted following an order of attachment, was unlawful due to significant procedural irregularities. The trial Court determined that in instances of procedur...

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State of Haryana Vs. Des Raj Sangar & ANR [1975] INSC 320 (16 December 1975)

Judgement Date : 16 Dec 1975

Citation : 1975 Latest Caselaw 318 SC

Constitution of India

Headnote :

The respondent served as the Head Assistant in the Panchayat Department of the Punjab Government. During his tenure as Superintendent in the Department, he was appointed as the Panchayati Raj Election Officer, a position that was not part of the regular cadre. Following the reorganization of the Sta...

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Hukam Chand Shyam Lal Vs. Union of India & Ors [1975] INSC 321 (17 December 1975)

Judgement Date : 17 Dec 1975

Citation : 1975 Latest Caselaw 319 SC

Headnote :

The appellants\' telephones were disconnected and temporarily seized by the Superintendent of Police, North District, and the General Manager of Telephones on various dates, following instructions from the Administrator of Delhi. The Administrator was personally convinced that the appellants were en...

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Municipal Corporation of Delhi Vs. Laxmi Narain Tandon [1975] INSC 322 (17 December 1975)

Judgement Date : 17 Dec 1975

Citation : 1975 Latest Caselaw 320 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

State of Punjab Vs. M/S. Associated Hotels of India Ltd. [1972] INSC 6 (4 January 1972)

Headnote :

The respondents faced charges under section 7 in conjunction with section 16 of the Prevention of Food Adulteration Act, 1954, on the basis that they had stored adulterated food items of inferior quality for sale.In front of the Magistrate, the respondents argued that no food items were sold to non-...

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Union of India & Ors Vs. Tata Iron & Steel Co. Ltd., Jamshedpur [1975] INSC 323 (17 December 1975)

Judgement Date : 17 Dec 1975

Citation : 1975 Latest Caselaw 321 SC

Headnote :

The respondent produces ingot moulds and bottom stools from pig iron as part of its iron and steel manufacturing operations, which are utilized in steel melting shops. According to items 25 and 26 of the First Schedule to the Central Excises and Salt Act, 1944, the respondent has paid the applicable...

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State of Madhya Pradesh Vs. Firm Gappulal [1975] INSC 324 (17 December 1975)

Judgement Date : 17 Dec 1975

Citation : 1975 Latest Caselaw 322 SC

Headnote :

According to the Madhya Pradesh Excise Act, an excise licensee is required to pay the following:(i) The specified license fee, which grants the licensee the right to sell liquor in a retail establishment.(ii) The cost of the liquor purchased from the State Government; and (iii) The excise duty on th...

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Naraini Devi Vs. Smt. Ramo Devi & Ors [1975] INSC 325 (18 December 1975)

Judgement Date : 18 Dec 1975

Citation : 1975 Latest Caselaw 323 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

N, a widow of H, did not receive any share or interest in the house left by her deceased husband under the Hindu law that was applicable at the time, even in the presence of her three sons. Consequently, she obtained a life interest through a registered award. N filed a suit under Order 21 Rule 63 o...

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Govinddas & Ors Vs. Income Tax Officer & ANR [1975] INSC 326 (18 December 1975)

Judgement Date : 18 Dec 1975

Citation : 1975 Latest Caselaw 324 SC

Income Tax Act, 1961

Headnote :

According to Section 25A of the Income Tax Act, 1922, a Hindu undivided family that has been assessed for tax will continue to be regarded as undivided and thus liable for taxation in that capacity, unless a formal order is issued that acknowledges a partition of its property. Under Section 25A(1),...

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Thakur Prasad Sao Vs. The Member, Board of Revenue & Ors [1975] INSC 327 (18 December 1975)

Judgement Date : 18 Dec 1975

Citation : 1975 Latest Caselaw 325 SC

Headnote :

Under the Bihar & Orissa Excise Act, individuals holding an out still license for country liquor are required to pay a monthly fee for the production of country spirit at their out still and for retail sales on their premises. There is no specific area designated for each out still\'s exclusive supp...

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D. Papiah Vs. Mysore State Transport Tribunal & Ors [1975] INSC 328 (18 December 1975)

Judgement Date : 18 Dec 1975

Citation : 1975 Latest Caselaw 326 SC

Motor Vehicles Act, 1939

Headnote :

Section 45(1) of the Motor Vehicles Act, 1939 outlines a general requirement for applications for inter-regional route permits within a State. It stipulates that an application must be submitted to the relevant Regional Transport Authority, as specified in the proviso. This can either be the Regiona...

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Rohtas Industries Ltd. & ANR Vs. Rohtas Industries Staff Union & Ors [1975] INSC 329 (18 December 1975)

Judgement Date : 18 Dec 1975

Citation : 1975 Latest Caselaw 327 SC

Constitution of India
Industrial Disputes Act, 1947
Trade Unions Act, 1926

Headnote :

In 1948, the workers employed by both appellants engaged in an illegal strike due to rivalry among Trade Unions. During the strike, the workers did not receive their wages, and the appellants experienced a loss of profits. While conciliation proceedings were ongoing, the employers and workers reache...

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Khadim Hussain Vs. State of U.P. & Ors [1975] INSC 330 (18 December 1975)

Judgement Date : 18 Dec 1975

Citation : 1975 Latest Caselaw 328 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

On March 21, 1963, the Gorakhpur Town Improvement Trust\'s trustees were appointed through a notification issued under section 4 of the U.P. Town Improvement Act, 1919. Subsequently, on March 13, 1965, the Trust announced a Housing Scheme in accordance with section 36. The 1919 Act was later repeale...

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State of Bihar Vs. Madan Mohan Prasad & Ors [1975] INSC 331 (19 December 1975)

Judgement Date : 19 Dec 1975

Citation : 1975 Latest Caselaw 329 SC

Constitution of India

Chandramouleshwar Prasad Vs. Patna High Court & Ors [1969] INSC 272 (7 October 1969)

Headnote :

Rule 6 of the Bihar Superior Judicial Service Rules, 1951, stipulates that two-thirds of the positions within the service cadre are to be filled through promotions, while one-third are to be filled via direct recruitment. Clause (e) of Rule 16 states that the seniority of direct recruits in relation...

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Manganese Ore (India) Ltd. Vs. The Regional Assistant Commissioner of Sales Tax, Jabalpur [1975] INSC 332 (19 December 1975)

Judgement Date : 19 Dec 1975

Citation : 1975 Latest Caselaw 330 SC

Central Sales Tax Act, 1956

Headnote :

The appellant, Manganese Ore (India) Ltd., a commercial entity with shares held by the Government of India, the Government of Maharashtra, and the Government of Madhya Pradesh in equal proportions of 17% each, entered into four types of sales contracts with buyers both domestically and international...

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G. M. Arumugam Vs. S. Rajgopal & Ors [1975] INSC 333 (19 December 1975)

Judgement Date : 19 Dec 1975

Citation : 1975 Latest Caselaw 331 SC

Headnote :

In the 1967 State Legislative Assembly election, both the appellant and the 1st respondent, who identified as Adi Dravidas, ran for a seat designated for Scheduled Castes. The respondent was declared the winner. However, the appellant\'s election petition contesting the election was upheld by the Hi...

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Maguni Charan Dwivedi Vs. State of Orissa & ANR [1975] INSC 334 (19 December 1975)

Judgement Date : 19 Dec 1975

Citation : 1975 Latest Caselaw 332 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In the execution proceedings aimed at enforcing a decree dated October 14, 1958, which granted title and recovery of possession of certain \"ganju Bhogra lands\" to the appellant against the State, the Notified Area Council of Rourkela submitted a claim for the suit lands through an application unde...

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Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed & Ors [1975] INSC 335 (19 December 1975)

Judgement Date : 19 Dec 1975

Citation : 1975 Latest Caselaw 333 SC

Constitution of India

Bar Council of Maharashtra Vs. M. Vs. Dabholkar [1975] INSC 237 (3 October 1975)

Headnote :

The issue of \"locus standi\" arises regarding whether a competitor in the cinema industry and the proprietor of an existing cinema theater qualifies as an \"aggrieved person\" under section 8A of the Bombay Cinema Rules, 1954, which would allow him to seek the High Court\'s certiorari jurisdiction...

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