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 son of defendant No. 3's mother's brother filed a suit for partition of properties which belonged to the mother and father of defendant No. 3. Defendant Nos. 1 and 2 are the sons of brothers of defendant No. 3's mother. Defendant No. 4 is the son of defindant No....

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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 :

"V. P. Latex" imported by the appellants was treated as falling under item 87 of the Indian Tariff Act 1934, the custom Authorities and custom duty was charged, in addition to a countervailing duty under item 15A of the Central Excise Tariff, in accordance with the Central Salt & Excis...

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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 claim of his pension at the rate of 1sh-9d. to a rupee by the respondeent, a former Secretary of State Service Officer was allowed by the Accountant General, but the Union appellant reversed it and directed recovery of the excess payment. The respondent basing his claim under the second proviso...

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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 :

In respect of an area of 8.36 acres of land containing limestone in the village Bistara, Jabalpur District, there were two applications before the State Government (Respondent in C.A. 785/71 & Appellant in C.A. 1781/75) empowered to grant prospecting licence or a mining lease for a major mineral...

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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 :

Under Section 2(i)(1) of the Workmen's Compensation Act, 1923,"total disablement" means such disablement, whether of a temporary or Permanent nature, as incapacitates a workmen for all work which he was capable of per forming at the time of time incident resulting in such disablement....

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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 :

For the purpose of protecting the smaller manufacturers from the cometition of larger manufacturers, the Government of India, by a notification dated 21 July 1967, amended by notification dated 4 September, 1967, declared a concessional rate of duty to those manufacturers who had filed a declaration...

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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 carry on business as Shroffs and Bankers. The Income-tax Department searched various premises of the petitioners and seized a sum of Rs. 12 lakhs in cash from the petitioners, under section 132 and 132A of the Income-tax Act. The petitioners contended that the said amount represented...

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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 were assessees under the Income Tax Act under the jurisdiction of the Income Tax officer, Nellore since a number of years on 23-1-1973, the Central Board of Direct Taxes sent a notice to the appellants under s. 127(1) of the Income Tax Act proposing to transfer their case files for fa...

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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 firm dealing in buying and selling jute with headquarters at Calcutta, used to purchase raw jute grown in Orissa and dispatch them in bags from Cuttack and Dhanmandal Railway Station to the Railway Mills Siding Station in Calcutta. The goods were booked in the name of the buyer &quo...

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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, a director of a company was charged with offences under ss. 418 and 471 read with ss. 468 and 477A, I.P.C. on the ground that he defrauded the company. At the trial, a single Judge of the High Court discharged the respondent on the view that he had no jurisdiction to proceed with the...

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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 'BC', governed by the Mitakshra School of Hindu Law, being issueless and apprehending the claim to his property after his death as reversioners by his only brother 'RR' and his nephew 'K' who were inimical to him since the partition of their ancestral property in 1899, an...

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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 :

"B" the appellant/Head Constable with a view to help the accused not only to get an acquittal but get back the seized coins approached "J" a constable who was in charge of an investigation of a case under section 411 I.P.C. to substitute the J seized gold coins with different mar...

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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 respondent landlord let out the building in question to the appellant tenant in the year 1954, when the Transfer of Property Act was not applicable to Delhi where the property is situated. The Transfer of Property Act was made applicable to Delhi in the year 1962. In 1967, the respondent filed a...

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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 resondent filed a suit against the Union of India alleging that due to negligence of the railways a consignment of tobacco dispatched by him to Gaya was substituted in transit and that in its place inferior tobacco was delivered at Gaya. The railways on the other hand alleged fraud and collusion...

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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), Income Tax Act, 1961, provides that the aggregate amount of deductions under Chapter VIA shall not exceed the gross total income of the assessee. Under s. 80J(1), which is in Chapter VIA, where the gross total income of an assessee includes any profits and gains derived from an indus...

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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 displace person from Pakistan had a verified claim of more than Rs. 32 lacs from compensation under the Displaced Persons (Compensation & Rehabilitation) Act, 1954. His uncle Jai Singh had also a verified claim of about Rs. 26 lacs. Jai Singh executed a will by which a portion o...

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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 taken by the concerned officers from 6 out of several cans carried by the appellant in a truck and were sent for analysis. Finding the samples adulterated, the appellant was prosecuted for an offence punishable under s. 16 read with s. 7 of the Prevention of Food Adult...

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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 company, a registered partnership firm, filed its income tax returns for the years 1956-57 and also for 1957-58 respectively showing a total income of' Rs. 7,44,551/-, after claiming a deduction of a sum of Rs. 43,116/-, being the amount of interest paid by the assessee on the debt...

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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 bought property from the respondent's husband, covenanted that in case of non-payment of the consideration, the amount due would be a charge upon the property. The respondent, on the death of her husband, filed a suit on the ground that the appellant defaulted to pay the full...

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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 :

"R" an employee of the Government of C.P. & Berar on the formation of the State of Madhya Pradesh, carved out by merging the erstwhile States of Maha Koshal, Madhya Bharat, Vindhya Pradesh & Bhopal in 1956 was allotted to the new State of Madhya Pradesh. A provisional common gradat...

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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 under s. 132, Income Tax Act, 1961, the Income Tax Authorities seized certain documents and money from the respondent. The Police also registered a criminal case against him. Thereafter, the Income Tax Officer assessed him to tax and adjusted the money seized against th...

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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 an Educational Institution (a college) registered under the Registration of Co-operative Societies Act, and the college was affiliated to a University. The provisions of the University Act require that every decision of the management of an affiliated coll...

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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, on whom the property of her late husband devolved, executed two registered deeds. By one of these she adopted a son to her deceased husband and by the other, a deed of Arpan-nama she created a religious endowment in the name of Shri Gopalji, appointing her mother-in-law Sheo Kuer, the...

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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 an application under O.XXI, r. 90, Civil Procedure Code, the appellants (judgment-debtors) alleged that the sale of their property pursuant to an order of attachment was illegal for material irregularities. The trial Court held that where there was an irregularity in the procedure for sale, the r...

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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 was Head Assistant in the Panchayat Department of the Punjab Government. While he was officiating as Superintendent in the Department, he was appointed Panchayati Raj Election Officer, which was an ex- cadre post. On the reorganisation of the State, the respondent was allocated to the...

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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 taken temporary possession of by the Superintendent of Police, North District and the General Manager, Telephones respectively on various dates acting under the instructions of the Administrator, Delhi, who was personally satisfied that illegal fo...

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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 were charged with an offence under s. 7 read with s. 16 of the Prevention of Food Adulteration Act, 1954, on the ground that they had stored for sale articles of food, which were adulterated and of sub-standard quality. Before the Magistrate, the respondents contended that no arti...

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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 manufactures, as part of iron and steel products, ingot moulds and bottom stools from pig iron for use in steel melting shops. Under item 25 and 26 and the first Schedule to the Central Excises and Salt Act, 1944, the respondent paid excise duty leviable on "pig iron and steel in...

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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 :

Under the provisions of the Madhya Pradesh Excise Act, an excise license has to pay the following: (i) The prescribed licence fee, which licence gives the licensee privileges of selling liquor in a shop. (ii) The price of liquor which he purchases from the State Government; and (iii) Excise on...

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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', who, under the Hindu law then applicable and in the presence of her three sons did not get any share or interest in the house left by her late husband and therefore got a life interest by virtue of a registered award filed 3 suit under order 21 Rule 63 C.P.C. to e...

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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 :

Under s. 25A, Income Tax Act, 1922, a Hindu undivided family which has been assessed to tax shall be deemed, for the purpose of that Act, to continue to be treated as undivided and, therefore, liable to be taxed in that status, unless an order is passed in respect of the family recording a partition...

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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 the holder of an out still licence for country liquor pays a certain sum per mensem for manufacturing country spirit in his out still and selling it by retail in his premises. No definite area is fixed within which each out still has the monopoly to supply cou...

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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, a general provision regulating applications for inter-regional route-permits within a State requires an application to be made to the appropriate Regional Transport Authority mentioned in the proviso thereto namely, either to the Regional Transport Auth...

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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 :

During the year 1948, the respondent, workmen working with both the appellants went on illegal strike on account of Trade Union rivalry. The workmen were not paid wages for the strike period and the appellants lost their profit during the period. The employers and the workmen entered into an agreeme...

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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 trustees of the Gorakhpur Town Improvement Trust were appointed by a notification under s. 4 of the U.P. Town Improvement Act, 1919. The Trust notified a Housing Scheme on March 13, 1965, under s. 36. The 1919 Act was repealed by the U.P. Avas Evam Vikas Parishad Adhiniyam 196...

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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, says that of the posts in the cadre of the service, two-thirds shall be filled by promotion and one-third by direct recruitment. Clause (e) of r. 16 provides that seniority of direct recruits vis-a-vis promoted officers shall be determined w...

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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 venture where the Government of India, Government of Maharashtra and Government of Madhya Pradesh hold shares in the ratio of 17 per cent each) entered into four types of "contracts of sale" with buyers in India and outside India for s...

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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 election to the State Legislative Assembly, the appellant and the 1st respondent claiming to be Adi Dravidas, stood as candidates for a seat reserved for Scheduled Castes. The respondent was declared elected. The appellant`s election petition challenging the election was allowed by the H...

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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 to satisfy a decree dated 14-10-1958 for title and recovery of possession of certain "ganju Bhogra lands" obtained by the appellant against the State, the Notified Area Council. Rourkela claimed the suit lands by an application u/o XXI Rule 58 r/w ss. 37 and 38...

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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 :

"Locus standi"-Whether a rival in trade and an owner of an existing cinema theatre is an "aggrieved person" within the meaning of s. 8A of the Bombay Cinema Rules. 1954 entitling him to invoke the certiorari jurisdiction "ex- debito justitiae ' of the High Court for quas...

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