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 states that every person who or either of whose parents was born before the 20th day of December, 1961 in the territories now comprised in the union territory of Goa, Daman and Diu shall be deemed to have become a citizen of Indiaon that...

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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 :

Under s. 3(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the post of Assistant Settlement Commissioner is a post under the Union of India to which the appointment is to be made by the Central Government. In exercise of this power the Central Government appointed the fir...

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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 challenging the election of the respondent alleged (1) that the respondent had been guilty of committing a corrupt practice under s. 123(7) of the Representation of the People Act, 1951 in that he had obtained the assistance of a member of the armed forces in his electi...

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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, non-resident companies with registered office s in Japan, had been assessed to Income-tax for the assessment years 1956-1961 under the Indian Income-tax Act, 1922 in respect of their Indian earnings. In the assessment proceedings they claimed as deductible allowance, under s. 10(2...

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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 :

118 persons were prosecuted for participation in a serious riot. 5 accused were discharged by the Committing Magistrate. The Additional Sessions Judge acquitted 61 accused and convicted 52 under section 147 and sentenced them to 2 years' rigorous imprisonment. The appellant was held guilty under...

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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 case of the prosecution is that the appellant who was married to Bimla was employed in the Air Force Department it Sirsa. During his stay at Sirsa, when his wife was not there, he developed intimacy with a girl, Balbir Kaur, who was insisting on marriage, 'which however, the appellant posing...

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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 services of the appellant, who was an employee of the respondents, were terminated by the latter by giving him a month's notice as per the standing orders without assigning any reasons for the termination. The consequential industrial dispute was referred to the Labour Court. The management...

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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 states that there shall be established a Fund to be called the 'Public Trusts Administration Fund' and that the fund shall vest in the Charity Commissioner appointed under the Act. One of the amounts which go to make the Fund is the cont...

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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 was charged with two offences, (i) under s. 307 I.P.C. with respect to one person, and (ii) under s. 302/34, I.P.C. for having, along with other accused, caused the death of another. The trial court convicted him under s.324 I.P.C. on the first charge and acquitted him of the other cha...

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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 by an order made under s. 3 of the Maintenance of Internal Security Act, 1971, to prevent him from acting in any manner prejudicial to the maintenance of public order, on two grounds. The activity which constituted the substratum of the first ground of detention was a cas...

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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 0. 21 C.P.C. states that. where a person applies under r. 90 to set aside the sale of his immovable property, he shall not, unless he withdraws his application. be entitled to make or prosecute an application under the Rule. The appellant in the execution of his decree, purchased ce...

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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 granted a Mining Lease by the erstwhile State of Shahapura. for a period 20 years commencing from 12th August, 1941. The area of the lease was 1500 sq. miles. The said area later on formed part of the State. of Rajasthan. The mines & minerals (Regulation & Development Ac...

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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 provides as to how the direct tax payable by an employer is to be calculated for the purpose of computing the available surplus. Clause (e) of s. 7 enacts that no account shall be taken of any 'rebate' or 'relief' or deduction in the payment of any direct t...

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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, provides that notwithstanding anything ontained in Chapter 111. (containing ss. 38 to 57) the ownership of all lands held by tenants which they are enttled to purchase from their landlords under any of the provisi...

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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, which was a manufacturer of dye-stuffs, sold its product to, two wholesale buyers at a uniform selling price described as "the basic selling price" less trade discount of 18%. The wholesalers in turn sold the product to large consumers such as textile mills and distributors....

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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 to the State Legislative Assembly the respondent was declared elected and the appellant, the congress candidate filed an election petition challenging the election on various grounds, one of which was that the respondent was guilty of corrupt practice under s. 123(4) 'of the Repr...

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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 filed the present Habeas Corpus Petition challenging his detention. The petitioner also challenged the provisions of the Punjab Jail Manual which creates artificial discrimination between Indian and European prisoners in the matter of treatment and diet. The respondent contended that...

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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 respondent was sentenced to death by the Additional Sessions Judge for double murder. He did not file any appeal. The trial Judge made a reference to the High Court, for confirmation of death sentence. Two advocates were appointed Amicus Cuiae to defend the respondent. After interview with the r...

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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 secured the privilege of vending arrack in retail in certain taluks in the State of Karnataka for a period of 18 months beginning from 28-121967 and ending on 30-6-69. He purchased attack from the Government at a price of 17 paise per litre and the Government coll...

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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, United Khasi-Jaintia Hills directed that no new construction or re- construction of stalls Should be undertaken in Bara Bazar. The respondents, who were thus prohibited from constructing their shops filed the writ petitions in the High Court challe...

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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 Madhya Pradesh Legislative Assembly. Third respondent filed an Election Petition for declaring the election of the first respondent void. Respondent No. 1 made an application to the High Court raising objection that copy of the election petition and the affidavit s...

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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 respondent, in his election petition before the High Court, alleged a number of corrupt practices hit by s. 123(4), (5) and (6) of the Representation of the People Act, 1951 against the appellant, who was the duly elected candidate to the State Assembly. The High Court allowed the petition and s...

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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 created by statutes. The Oil and Natural Gas Commission is owned by the Government, the management is by the Government and it could be dissolved only by the Government. The provisions of th...

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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, a stenographer in the Council of Scientific and Industrial Research. contended that certain letters relating to his remuneration were discriminatory, as far as he was concerned, and violative of Art. 14. Dismissing the petition,

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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 certain land. There was an earlier attempt to acquire the land of the petitioner by sanctioning a housing accommodation scheme bythe Indore Improvement Trust under the Madhya Pradesh Town Improvement Trust Act, 1960. The said scheme was, however, cancelled. The petitioner wanted...

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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 :

By s. 3 of the Rajasthan Cash Jagirs Abolition Act, 1958 all cash jagirs .sanctioned to the former princes were abolished. Sub-s. (2) of s. 3 provided for payment of compensation. The petitioners received compensation from 1958 to 1970. In 1970, however, they questioned the validity of s. 3 on the g...

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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 :

By the Income-tax and Excess Profit Tax (Amendment) Act, 1947 s. 12B was inserted in the Indian Income-tax Act, 1922, making capital gains which arise after March 31, 1946, taxable. The same Act inserted sub-sections (2A) and (2B) in s. 24 of the Income-tax Act. As a result of the Indian Finance Act...

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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 joint owners of the premises in question. In ,,execution of a money decree obtained against the appellant his share in the property was put to sale and was purchased by the father of the first respondent for Rs. 77,000. The purchaser deposited 25 per cent of the purchase...

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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 is the owner of the building hearing No. 24/6, Tulsa Kothi, Kanpur, lives in the upper floor of the building with his son and other members of the family. There are two shops in the ground floor in which tenants had been inducted. One of the shops has been in possession of Raghu...

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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 provides that the authorities for the time being empowered to assess, re-assess, collect and enforce payment of any tax under the general sales-tax law of the appropriate State shall, on behalf of the Government of India, assess, re-assess, collect and...

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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 tax for the assessment years 1958-1959 and 1959-60, on-the respondent assessee by two separate orders. The assessee filed appeals against those orders before the Appellate Authority. On May 10, 1963, when the appeals came up for hearing, the assessee was absent. The ap...

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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 :

6 notices were issued to the respondent under s. 148 of the Income Tax Act for reopening the assessments for 3 assessment years. The notices recited that they. were issued after obtaining the necessary satisfaction of the Central Board of Direct. Taxes The respondent filed a writ petition in the Hig...

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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 the voters of the constituency, challenged the election of the first respondent who was a nominee of the Akali Dal, to the State Legislative Assembly, on the ground that he was guilty of corrupt practice under v. 123(3) and (3A) of the Representation of the People Act, 1951....

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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 defines bribery as 'any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person, whomsoever. with the object, directly or...

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