Caselaw | Supreme Court Judgements of november 1975

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Badri Vs. State of Rajasthan [1975] INSC 269 (6 November 1975)

Judgement Date : 06 Nov 1975

Citation : 1975 Latest Caselaw 267 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellant was convicted for the offence of murder. P.W. 1, brother of the deceased, was the sole eye-witness of the crime and his statement was recorded by the Magistrate under s. 164, Code of Criminal Procedure, during investigation. The trial Court found certain discrepancies in the evid...

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Afsar Sheikh & ANR Vs. Soleman Bibi & Ors [1975] INSC 270 (6 November 1975)

Judgement Date : 06 Nov 1975

Citation : 1975 Latest Caselaw 268 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Section 16. Undue influence defined

Headnote :

The predecessor-in-interest of the respondents filed a suit for a declaration that the Hiba-bil-Ewaz executed by him was void and inoperative due to fraud and misrepresentation proceeding from the appellant (donee), the allegation being that the appellant represented it to be a deed of cancellation...

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Mangu & ANR Vs. State of Rajasthan [1975] INSC 271 (6 November 1975)

Judgement Date : 06 Nov 1975

Citation : 1975 Latest Caselaw 269 SC

Headnote :

Rule 2 of Order 21 of the Supreme Court Rules states that where an appeal lies to the Supreme Court on a certificate issued by the High Court, no application to the Court for special leave to appeal shall be entertained unless the High Court concerned has first been moved and it has refused to grant...

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M/S. Northern India Iron & Steel Co A Vs. State of Haryana & ANR [1975] INSC 272 (10 November 1975)

Judgement Date : 10 Nov 1975

Citation : 1975 Latest Caselaw 270 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Punjab Electricity (Duty) Act, 1958
Punjab Electricity (Duty) Act, 1958

Headnote :

The State Electricity Board had framed, in exercise of its power under s. 49 of the Electricity (Supply) Act, 1948, certain terms and conditions and, the procedure in regard to supply of electricity to its. consumers. For big consumers the system of tariff is the two-part tariff system comprising of...

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Balwant Singh Vs. State of Punjab [1975] INSC 273 (11 November 1975)

Judgement Date : 11 Nov 1975

Citation : 1975 Latest Caselaw 271 SC

IPC Section 302. Punishment for murder

Headnote :

The appellant, `B' aged 60 years, on 13-4-1974 was convicted u/s 302 I.P.C. For the murder of `M' by poisoning on that date. On appeal by special leave on the limited question of sentence under the new Criminal Procedure Code of 1973, the Court ^

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Karunakaran Vs. State of Tamil Nadu [1975] INSC 274 (12 November 1975)

Judgement Date : 12 Nov 1975

Citation : 1975 Latest Caselaw 272 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 302. Punishment for murder

Headnote :

The appellant along with "J" & '.T" was charged for offences u/s 120B/109/ 302 I.P.C. as well as 302/34 I.P.C. The trial which proceeded in the absence of absconding "T", resulted in the conviction and both the accused were sentenced to death sentence. On a refere...

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A.B. Abdul Kadir & Ors Vs. State of Kerala [1975] INSC 275 (12 November 1975)

Judgement Date : 12 Nov 1975

Citation : 1975 Latest Caselaw 273 SC

Constitution of India

Headnote :

The Finance Act 1950 extended the Central Excise and Salt Act, 1944 to the Part State of' Travancore Cochin and repealed the Cochin Tobacco Act, 1909 and the Tobacco Act (Travancore Act I of 1087). Thereafter a system of licensing was introduced by which the licensees were required to pay a spec...

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Munir Sayed Ibna Hussain Vs. The State of Maharashtra & ANR [1975] INSC 276 (12 November 1975)

Judgement Date : 12 Nov 1975

Citation : 1975 Latest Caselaw 274 SC

CrPC Section 421. Warrant for levy of fine
IPC Section 395. Punishment for dacoity

Headnote :

The appellant an owner of a hotel was prosecuted along with five others for forcibly dispossessing the complainant who was the Manager of the Hotel and further for misappropriating certain properties including some money belonging to the complainant. According to the appellant, the complainant was m...

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Ramashraya Chakravarti Vs. State of Madhya Pradesh [1975] INSC 277 (13 November 1975)

Judgement Date : 13 Nov 1975

Citation : 1975 Latest Caselaw 275 SC

Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 467. Forgery of valuable security, will, etc.

Headnote :

The appellant was a Circle organizer in the Tribal Welfare Department. He was entrusted with the distribution of stipends to adivasi students of the Tribal Welfare Department School. He misappropriated a sum of Rs. 500/-. meant for 4 students and also forged certain entries in the bills. He was c...

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Amadalavalasa Cooperative Agricultural & Industrial Society Vs. U.O.I [1975] INSC 278 (17 November 1975)

Judgement Date : 17 Nov 1975

Citation : 1975 Latest Caselaw 276 SC

Constitution of India
General Clauses Act, 1897

Headnote :

The President of India after the Chinese aggression in 1962, proclaimed emergency under Article 352 of the Constitution. The Parliament passed the Emergency Risks (Goods,) Insurance Act, 1962 and the Emergency Risks (Factories) Insurance Act, 1962, which came into force from 1-1-1963. It was realise...

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Shri Krishan Vs. The Kurukshetra University, Kurukshetra [1975] INSC 279 (17 November 1975)

Judgement Date : 17 Nov 1975

Citation : 1975 Latest Caselaw 277 SC

Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.

Headnote :

Under the statutes of the respondent-University persons in service could take the three-year degree course in law by attending the evening classes. A candidate who had failed in some of the papers of one year could clear those papers before completing the three-year course. Under cl. 2(b) of Ordinan...

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T. R. Sharma Vs. Prithvi Singh & ANR [1975] INSC 280 (17 November 1975)

Judgement Date : 17 Nov 1975

Citation : 1975 Latest Caselaw 278 SC

Headnote :

While holding the post of Agricultural Inspector in the Agricultural Department, the appellant was appointed against a temporary post of Block development and Panchayat officer in the Development Department of the State, and was confirmed in that post with effect from April 1, 1964. As a result of t...

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Khemraj Vs. State of Madhya Pradesh [1975] INSC 281 (19 November 1975)

Judgement Date : 19 Nov 1975

Citation : 1975 Latest Caselaw 279 SC

CrPC Section 378. Appeal in case of acquittal
CrPC Section 417. Power to appoint place of imprisonment
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

'K' was charged and tried- for the offences under Ss. 465 r/w 471, for using a forged B.Sc. Certificate and a Date of Birth Certificate Convicted under section 420 I.P.C. by the trial court and sentenced to Rigorous Imprisonment for one year and to pay a fine of Rs. 500/ . On an appeal the c...

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Karnal Singh Uttam Singh Vs. State of Maharashtra [1975] INSC 282 (19 November 1975)

Judgement Date : 19 Nov 1975

Citation : 1975 Latest Caselaw 280 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
IPC Section 411. Dishonestly receiving stolen property

Headnote :

On 4-3-1968, the date of the accident. Karnal Singh, the accused was driving the truck No. MRS 7372. purchased out of the loan advanced by the ex-serviceman Co-operative Society to one Sutar who entrusted the vehicle to Balwant Singh, the brother of the appellant, a co-accused, under a contract for...

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The India Sugars & Refineries Ltd. Vs. Amravathi Service Co-Operative Society Ltd. [1975] INSC 283 (19 November 1975)

Judgement Date : 19 Nov 1975

Citation : 1975 Latest Caselaw 281 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The respondent are co-operative societies of growers of sugarcane who supplied sugarcane to the appellant which is a sugar manufacturing factory. The use and supply of sugarcane is controlled under the provisions of the Essential Commodities Act, 1955. The Sugarcane Control order, 1955 empowers the...

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Ous Kutilingal Achudan Nair & Ors Vs. Union of India & Ors [1975] INSC 284 (20 November 1975)

Judgement Date : 20 Nov 1975

Citation : 1975 Latest Caselaw 282 SC

Army Act, 1950
Army Rules, 1954
Constitution of India

Headnote :

On the question whether civilian employees of Defence Establishments have the right to form trade unions under Art, 19(1) (c) of the Constitution,

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Munnu Raja & ANR Vs. The State of Madhya Pradesh [1975] INSC 285 (20 November 1975)

Judgement Date : 20 Nov 1975

Citation : 1975 Latest Caselaw 283 SC

Headnote :

The appellants were tried by the Sessions Judge on the charge of committing murder of Bahadur Singh. The prosecution relied on the evidence of two eye witnesses and three dying declarations made by the deceased. The two eye witnesses supported the prosecution case only partly and were, therefor, per...

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S.K.Bhate & Ors Vs. Union of India & Ors [1975] INSC 286 (20 November 1975)

Judgement Date : 20 Nov 1975

Citation : 1975 Latest Caselaw 284 SC

Headnote :

The Ordinance Factory in which the petitioners were employed hold four cadres. In the 2nd cadre of non-gazetted officers there were four grades-Foremen. Assistant Foremen, Chargemen Grade I and Chargemen Grade II. The 3rd cadre of non-industrial employees had 2 grades Supervisor 'A' Grade an...

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M/S. Chidambaram Mulrak & Co. Pvt. Ltd. Vs. Commissioner of Income Tax, Bombay City [1975] INSC 287 (21 November 1975)

Judgement Date : 21 Nov 1975

Citation : 1975 Latest Caselaw 285 SC

Headnote :

The assessee-appellant received in October, 1953, a sum of Rs, 9,95,000/- out of Rs. 10,00,000- compensation for the premature termination of its managing agency business, a sum of Rs. 5,000/-, having been deducted towards brokerage. The said amount was credited to the Capital Reserve Account in its...

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Lachmi Narain Vs. Union of India & Ors [1975] INSC 288 (25 November 1975)

Judgement Date : 25 Nov 1975

Citation : 1975 Latest Caselaw 286 SC

Bihar Land Reforms Act, 1950

Headnote :

Section 2 of the Part States (Laws) Act, 1950, empowered the Central Government to extend by notification in the official gazette, to any Part C State, or to any part of it, with such restrictions and modifications as it thinks fit, any enactment in force in a Part A State. In 1951, the Central Gove...

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Zaffar Mohammad @ Z.M. Sarkar Vs. The State of West Bengal [1975] INSC 289 (25 November 1975)

Judgement Date : 25 Nov 1945

Citation : 1975 Latest Caselaw 287 SC

Headnote :

Section 3 of the Drugs and Magic Remedies (objectionable Advertisements) Act provides that no person shall take part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for the maintenance or improvement of the capaci...

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Mohd. Faisuddin Khan Vs. Govt. of India & Ors [1975] INSC 290 (25 November 1975)

Judgement Date : 25 Nov 1975

Citation : 1975 Latest Caselaw 288 SC

Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954

Headnote :

When a notification is published under s. 12(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, under s. 12(2) the right, title and interest of the evacuee in the evacuee property is extinguished and the property vests absolutely in the Central Government free from all encumbra...

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Sushila Devi Vs. Ramanandan Prasad & Ors [1975] INSC 291 (26 November 1975)

Judgement Date : 26 Nov 1975

Citation : 1975 Latest Caselaw 289 SC

Code of Civil Procedure, 1908 (CPC)
Kosi Area (Restoration of Lands to Raiyats) Act, 1951
Limitation Act, 1963

Headnote :

Section 3 of the Kosi Area (Restoration of Lands to Raiyats) Act. 1951, provides for the restoration to former raiyats by the Collector, on his own motion or otherwise, of lands which were sold for arrears of rent or from which they were ejected for arrears of rent or which were treated as abandoned...

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Koshal Pal & Ors Vs. Mohan Lal & Ors [1975] INSC 292 (26 November 1975)

Judgement Date : 26 Nov 1975

Citation : 1975 Latest Caselaw 290 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A suit for rent and possession of a house by eviction of the defendants was dismissed by the trial Court. The suit was filed against 6 defendants but the claim against the 6th defendant was not pursued. The 4th defendant was the mother of defendants 1 to 3 and the 5th defendant was her brother. D...

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Raipur Manufacturing Co. Ltd. Vs. Okhabhai Devrajbhai Patni [1975] INSC 293 (26 November 1975)

Judgement Date : 26 Nov 1975

Citation : 1975 Latest Caselaw 291 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946

Headnote :

A combined reading of ss. 42(4), 78(1)(A)(a)(i), 79(1) and (3) of the Bombay Industrial Relations Act, 1946, and r. 53 of the Rules made under the Act, shows that an application under s. 79(1) to the Labour Court, in respect of a dispute falling under s. 78(1)(A)(a)(i) must be made within 3 month...

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Jagir Singh & Ors Vs. State of Bihar & ANR [1975] INSC 294 (26 November 1975)

Judgement Date : 26 Nov 1975

Citation : 1975 Latest Caselaw 292 SC

Constitution of India
Maharashtra Tax on Goods (Carried by Road) Act, 1962
Motor Vehicles Act, 1939

Headnote :

Section 2(d) of the Bihar Taxation on Passengers and Goods (carried by Public Service Motor Vehicles) Act, 1961, defines "owner" as the owner of a public service motor vehicle and includes the holder of a permit under the Motor Vehicles-Act, 1939, in respect of a public service motor vehic...

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Bagal Kot Cement Co. Vs. State of Mysore [1975] INSC 295 (27 November 1975)

Judgement Date : 27 Nov 1975

Citation : 1975 Latest Caselaw 293 SC

Central Sales Tax Act, 1956

Headnote :

By an agreement, the State Trading Corporation appointed the appellant as its selling agent for cement. A term of the agreement was that the agent shall collect State or inter-State sales tax on the sale of cement and pay the same in accordance with law. The appellant paid the sales tax on its annua...

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