Caselaw | Supreme Court Judgements of february 1975

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Gangadhar Yeshwant Bhandare Vs. Erasmo De Jesus Sequiria [1975] INSC 21 (4 February 1975)

Judgement Date : 04 Feb 1975

Citation : 1975 Latest Caselaw 21 SC

Citizenship Act, 1955
Citizenship Rules, 1956
Representation of the People Act, 1951

Headnote :

Clause (2) of the Goa, Daman and Diu (Citizenship) Order, 1962 specifies that any individual, or either of their parents, born before December 20, 1961, in the territories now known as the union territory of Goa, Daman and Diu, is considered to have become a citizen of India on that date. However, t...

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Union of India Vs. Gurbaksh Singh & ANR [1975] INSC 22 (5 February 1975)

Judgement Date : 05 Feb 1975

Citation : 1975 Latest Caselaw 22 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
General Clauses Act, 1897

Headnote :

According to section 3(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the position of Assistant Settlement Commissioner is a role under the Union of India, with appointments made by the Central Government.Exercising this authority, the Central Government appointed the first...

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Bachan Singh Vs. Prithvi Singh & Ors [1975] INSC 23 (5 February 1975)

Judgement Date : 05 Feb 1975

Citation : 1975 Latest Caselaw 23 SC

Representation of the People Act, 1951

Headnote :

The appellant, in his petition contesting the election of the respondent, claimed (1) that the respondent engaged in corrupt practices as defined by section 123(7) of the Representation of the People Act, 1951, by enlisting the help of a member of the armed forces during his election campaign, and (...

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Mitsui Steamship Co. Ltd. Vs. C.I.T. West Bengal, Ii Calcutta [1975] INSC 24 (7 February 1975)

Judgement Date : 07 Feb 1975

Citation : 1975 Latest Caselaw 24 SC

Wealth Tax Act, 1957

Headnote :

The appellants, who are non-resident companies with registered offices in Japan, were assessed for Income-tax for the assessment years 1956-1961 under the Indian Income-tax Act, 1922 concerning their earnings in India. During the assessment proceedings, they sought to deduct the tax they paid on the...

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Santosh Vs. The State of Madhya Pradesh [1975] INSC 25 (7 February 1975)

Judgement Date : 07 Feb 1975

Citation : 1975 Latest Caselaw 25 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A total of 118 individuals were charged for their involvement in a serious riot. The Committing Magistrate discharged 5 of the accused. The Additional Sessions Judge acquitted 61 individuals and convicted 52 under section 147, sentencing them to 2 years of rigorous imprisonment. The appellant was fo...

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Ravinder Singh Vs. State of Haryana [1975] INSC 26 (7 February 1975)

Judgement Date : 07 Feb 1975

Citation : 1975 Latest Caselaw 26 SC

Headnote :

The prosecution\'s case is that the appellant, who was married to Bimla, was working in the Air Force Department in Sirsa. While in Sirsa, during his wife\'s absence, he became close to a girl named Balbir Kaur, who was pressuring him to marry her. The appellant, pretending to be single, kept delayi...

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L. Michael & ANR Vs. M/S. Johnston Pumps India Ltd. [1975] INSC 27 (10 February 1975)

Judgement Date : 10 Feb 1975

Citation : 1975 Latest Caselaw 27 SC

Headnote :

The appellant, who was employed by the respondents, had his services terminated by the latter with a month\'s notice in accordance with the standing orders, without providing any reasons for the termination. This led to an industrial dispute that was brought before the Labour Court. The management c...

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State of Maharashtra & Ors Vs. The Salvation Army, Western India Territory [1975] INSC 28 (10 February 1975)

Judgement Date : 10 Feb 1975

Citation : 1975 Latest Caselaw 28 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950

Headnote :

Section 57(1) of the Bombay Public Trusts Act, 1950 establishes a fund known as the \'Public Trusts Administration Fund\', which is to be managed by the Charity Commissioner appointed under the Act.One of the sources of this fund is the contribution made by public trusts as outlined in Section 58. A...

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Ram Kumar Pande Vs. The State of Madhya Pradesh [1975] INSC 29 (11 February 1975)

Judgement Date : 11 Feb 1975

Citation : 1975 Latest Caselaw 29 SC

Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant faced two charges: (i) one under section 307 of the Indian Penal Code (I.P.C.) concerning a single individual, and (ii) another under sections 302/34 of the I.P.C. for allegedly causing the death of another person in conjunction with other accused individuals. The trial court found him...

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Madan Gope Vs. The State of West Bengal [1975] INSC 30 (12 February 1975)

Judgement Date : 12 Feb 1975

Citation : 1975 Latest Caselaw 30 SC

Kanu Biswas Vs. State of West Bengal [1972] INSC 135 (3 May 1972)
Dr. Ram Manohar Lohia Vs. State of Bihar & Ors [1965] INSC 176 (7 September 1965)

Headnote :

The petitioner was detained under an order issued pursuant to section 3 of the Maintenance of Internal Security Act, 1971, aimed at preventing actions detrimental to public order, based on two main grounds. The first ground for detention was related to inter-state smuggling of essential commodities....

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Shiv Prasad Vs. Durga Prasad & ANR [1975] INSC 31 (12 February 1975)

Judgement Date : 12 Feb 1975

Citation : 1975 Latest Caselaw 31 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Rule 89(2) of Order 21 of the Civil Procedure Code (C.P.C.) specifies that if a person seeks to set aside the sale of their immovable property under Rule 90, they are not entitled to file or pursue an application under this Rule unless they withdraw their initial application.In this case, the appell...

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Sudarshan Mineral Co. Ltd. Vs. Union of India & ANR [1975] INSC 32 (13 February 1975)

Judgement Date : 13 Feb 1975

Citation : 1975 Latest Caselaw 32 SC

Headnote :

The appellant was issued a Mining Lease by the former State of Shahapura for a duration of 20 years starting from August 12, 1941, covering an area of 1500 square miles. This area subsequently became part of the State of Rajasthan. The Mines and Minerals (Regulation and Development) Act, 1957, came...

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Anandji Haridas & Co. Pvt. Ltd. Vs. Engineering Mazdoor Sangh & ANR [1975] INSC 33 (13 February 1975)

Judgement Date : 13 Feb 1975

Citation : 1975 Latest Caselaw 33 SC

Payment of Bonus Act, 1965

Headnote :

Section 7 of the Bonus Act outlines the method for calculating the direct tax owed by an employer when determining the available surplus. Clause (e) of Section 7 states that no consideration shall be given to any \'rebate\', \'relief\', or deduction in the payment of direct taxes permitted under any...

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Laxminarayan Dipchand Maheshwari & Ors Vs. Maharashtra Revenue Tribunal & Ors [1975] INSC 34 (13 February 1975)

Judgement Date : 13 Feb 1975

Citation : 1975 Latest Caselaw 34 SC

Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

Headnote :

Section 40 (1) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region Act 1958) states that, regardless of the provisions in Chapter III (which includes sections 38 to 57), the ownership of all lands held by tenants, which they are entitled to purchase from their landlords under any provision...

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Atic Industries Ltd. Vs. H.H. Dave, Asstt. Collector of Central Excise & Ors [1975] INSC 35 (14 February 1975)

Judgement Date : 14 Feb 1975

Citation : 1975 Latest Caselaw 35 SC

Headnote :

The appellant, a manufacturer of dye-stuffs, sold its products to two wholesale buyers at a consistent selling price referred to as \"the basic selling price\" minus an 18% trade discount. These wholesalers then sold the products to large consumers, including textile mills and distributors.One whole...

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Prabhu Narayan Vs. A. K. Srivastava [1975] INSC 36 (14 February 1975)

Judgement Date : 14 Feb 1975

Citation : 1975 Latest Caselaw 36 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

In the election for the State Legislative Assembly, the respondent was declared the winner. The appellant, who was the Congress candidate, filed an election petition contesting the election on several grounds, one of which alleged that the respondent engaged in corrupt practices as defined under sec...

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Madhu Limaye Vs. The Superintendent, Tihar Jail, Delhi & Ors [1975] INSC 37 (19 February 1975)

Judgement Date : 19 Feb 1975

Citation : 1975 Latest Caselaw 37 SC

Headnote :

The petitioner has submitted a Habeas Corpus Petition contesting his detention. Additionally, he has challenged the provisions of the Punjab Jail Manual that create unjust distinctions between Indian and European prisoners regarding their treatment and diet. The respondent argued that the petition h...

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State of Maharashtra Vs. Sindhi @ Raman [1975] INSC 38 (19 February 1975)

Judgement Date : 19 Feb 1975

Citation : 1975 Latest Caselaw 38 SC

CrPC Section 374. Appeals from convictions
CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
CrPC Section 465. Finding or sentence when reversible by reason of error, omission or irregularity
IPC Section 302. Punishment for murder

Vivian Rodrick Vs. State of West Bengal [1971] INSC 33 (27 January 1971)

Headnote :

The Additional Sessions Judge sentenced the respondent to death for committing double murder, and he did not file an appeal. The trial judge referred the case to the High Court for confirmation of the death sentence. Two advocates were appointed as Amicus Curiae to represent the respondent. After me...

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M. K. Paplah & Sons Vs. The Excise Commissioner & ANR [1975] INSC 39 (20 February 1975)

Judgement Date : 20 Feb 1975

Citation : 1975 Latest Caselaw 39 SC

Karnataka Sales Tax Act, 1957

Municipal Board, Hapur Vs. Raghuvendra Kripal & Ors [1965] INSC 189 (23 September 1965)

Headnote :

The appellant, an excise contractor, obtained the right to sell arrack at retail in certain taluks of Karnataka for a duration of 18 months, starting from December 28, 1967, and concluding on June 30, 1969. He acquired arrack from the Government at a rate of 17 paise per litre, with the Government a...

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The District Council United Khasi-Jaintia Hills, Shillon Vs. Ka Drepsila Lyngdoh of Syllai-U-Lor, Mylliem, Myllie [1975] INSC 40 (20 February 1975)

Judgement Date : 20 Feb 1975

Citation : 1975 Latest Caselaw 40 SC

Constitution of India

Headnote :

The Executive Committee of the District Council for the United Khasi-Jaintia Hills has mandated that no new construction or reconstruction of stalls is to take place in Bara Bazar.In response to this prohibition on constructing their shops, the affected parties filed writ petitions in the High Court...

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Dhoom Singh Vs. Prakash Chandra Sethi & Ors [1975] INSC 41 (20 February 1975)

Judgement Date : 20 Feb 1975

Citation : 1975 Latest Caselaw 41 SC

Constitution of India

Headnote :

Respondent No. 1 was elected to the Madhya Pradesh Legislative Assembly, and the third respondent filed an Election Petition seeking to declare the election of the first respondent void.Respondent No. 1 submitted an application to the High Court, arguing that the copy of the election petition and th...

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Pratap Singh Vs. Rajinder Singh & ANR [1975] INSC 42 (20 February 1975)

Judgement Date : 20 Feb 1975

Citation : 1975 Latest Caselaw 42 SC

Representation of the People Act, 1951

Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)

Headnote :

The petitioner in his election appeal to the High Court claimed several instances of corrupt practices as defined by sections 123(4), (5), and (6) of the Representation of the People Act, 1951 against the appellant, who was the officially elected candidate for the State Assembly. The High Court acce...

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Sukhdev Singh & Ors Vs. Bagatram Sardar Singh Raghuvanshi & ANR [1975] INSC 43 (21 February 1975)

Judgement Date : 21 Feb 1975

Citation : 1975 Latest Caselaw 43 SC

Constitution of India
Life Insurance Corporation Act, 1956

Headnote :

The Oil and Natural Gas Commission, the Industrial Finance Corporation, and the Life Insurance Corporation are established by legislation. The Oil and Natural Gas Commission is government-owned, managed by the government, and can only be dissolved by the government, as outlined in the Oil and Natura...

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Sabhajit Tewary Vs. Union of India & Ors [1975] INSC 44 (21 February 1975)

Judgement Date : 21 Feb 1975

Citation : 1975 Latest Caselaw 44 SC

Constitution of India
Government of India (Allocation of Business) Rules, 1961

Headnote :

The petitioner, who works as a stenographer for the Council of Scientific and Industrial Research, argued that some correspondence regarding his pay was discriminatory towards him and violated Article 14.The petition was dismissed.

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Laxmi Chand Vs. Indore Improvement Trust, Indore & Ors [1975] INSC 45 (24 February 1975)

Judgement Date : 24 Feb 1975

Citation : 1975 Latest Caselaw 45 SC

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

Headnote :

The petitioner owned a specific piece of land. Previously, there was an attempt to acquire this land through a housing accommodation scheme sanctioned by the Indore Improvement Trust under the Madhya Pradesh Town Improvement Trust Act, 1960, but that scheme was later cancelled. The petitioner aimed...

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Rani Inder Kumari Vs. State of Rajasthan & ANR [1975] INSC 46 (25 February 1975)

Judgement Date : 25 Feb 1975

Citation : 1975 Latest Caselaw 46 SC

Rajasthan Cash Jagirs Abolition Act, 1958
Rajasthan Pensions Act, 1958

Headnote :

According to section 3 of the Rajasthan Cash Jagirs Abolition Act, 1958, all cash jagirs granted to former princes were abolished. Subsection (2) of section 3 stipulated that compensation would be provided. The petitioners received compensation from 1958 until 1970. However, in 1970, they challenged...

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Commissioner of Income Tax (Central) Delhi Vs. Harprasad & Co. (P) Ltd. [1975] INSC 47 (25 February 1975)

Judgement Date : 25 Feb 1975

Citation : 1975 Latest Caselaw 47 SC

Headnote :

The Income-tax and Excess Profit Tax (Amendment) Act of 1947 introduced section 12B into the Indian Income-tax Act of 1922, which made capital gains arising after March 31, 1946, subject to taxation. This Act also added sub-sections (2A) and (2B) to section 24 of the Income-tax Act. Subsequently, th...

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Gopal Krishna Das Vs. Sailendra Nath Biswas & ANR [1975] INSC 48 (26 February 1975)

Judgement Date : 26 Feb 1975

Citation : 1975 Latest Caselaw 48 SC

Code of Civil Procedure, 1908 (CPC)
West Bengal Premises Tenancy Act, 1956

Headnote :

The appellant was one of the co-owners of the property in question. Following a money decree obtained against the appellant, his share of the property was sold and purchased by the father of the first respondent for Rs. 77,000. The buyer paid 25 percent of the purchase price. The property was subseq...

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Sri Krishna Khanna Vs. Additional District Magistrate, Kanpur & Ors [1975] INSC 49 (26 February 1975)

Judgement Date : 26 Feb 1975

Citation : 1975 Latest Caselaw 49 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, who owns the building located at No. 24/6, Tulsa Kothi, Kanpur, resides on the upper floor of the building with his son and other family members.On the ground floor, there are two shops that have tenants. One shop is occupied by Raghunath Prasad Mehrotra (respondent no. 3) and his bro...

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Khemka & Co. Vs. State of Maharashtra [1975] INSC 50 (27 February 1975)

Judgement Date : 27 Feb 1975

Citation : 1975 Latest Caselaw 50 SC

Central Sales Tax Act, 1956

Headnote :

Section 9(2) of the Central Sales Tax Act, 1956 stipulates that the authorities authorized to assess, re-assess, collect, and enforce the payment of any tax under the general sales tax law of the respective State shall, on behalf of the Government of India, perform these functions for taxes, includi...

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The Commissioner of Sales Tax, Uttar Pradesh, Lucknow Vs. Parson Tools And Plants, Kanpur [1975] INSC 51 (27 February 1975)

Judgement Date : 27 Feb 1975

Citation : 1975 Latest Caselaw 51 SC

CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Headnote :

The Sales Tax Officer assessed taxes for the assessment years 1958-1959 and 1959-1960 against the respondent assessee through two separate orders. The assessee appealed these orders to the Appellate Authority. On May 10, 1963, when the appeals were scheduled for hearing, the assessee was absent, lea...

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Union of India & Ors Vs. Seth R. Dalmia [1975] INSC 52 (27 February 1975)

Judgement Date : 27 Feb 1975

Citation : 1975 Latest Caselaw 52 SC

Headnote :

Six notices were issued to the respondent under section 148 of the Income Tax Act to reopen assessments for three assessment years. The notices stated that they were issued after obtaining the necessary approval from the Central Board of Direct Taxes. The respondent filed a writ petition in the High...

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Jagir Singh & ANR Vs. Jasdev Singh & Ors [1975] INSC 53 (28 February 1975)

Judgement Date : 28 Feb 1975

Citation : 1975 Latest Caselaw 53 SC

Headnote :

The appellants, who were voters in the constituency, contested the election of the first respondent, a nominee of the Akali Dal, to the State Legislative Assembly, claiming he engaged in corrupt practices under sections 123(3) and (3A) of the Representation of the People Act, 1951. The second respon...

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Kalya Singh Vs. Genda Lal & Ors [1975] INSC 54 (28 February 1975)

Judgement Date : 28 Feb 1975

Citation : 1975 Latest Caselaw 54 SC

Representation of the People Act, 1951

Ghasi Ram Vs. Dal Singh & Ors [1968] INSC 31 (7 February 1968)

Headnote :

Section 123(1)(A)(b) of the Representation of the People Act, 1951 characterizes bribery as \"any gift, offer, or promise made by a candidate, their agent, or any other individual with the candidate\'s or their election agent\'s consent, to any person, with the intention, either directly or indirect...

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