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 found guilty of murder.P.W. 1, the deceased\'s brother, was the only eyewitness to the incident, and his testimony was recorded by the Magistrate under section 164 of the Code of Criminal Procedure during the investigation.The trial court noted some inconsistencies in P.W. 1\'s tes...

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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 respondents\' predecessor-in-interest initiated a lawsuit seeking a declaration that the Hiba-bil-Ewaz he executed was void and ineffective due to fraud and misrepresentation by the appellant (the donee). The claim was that the appellant misrepresented the document as a deed of cancellation of a...

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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 specifies that when an appeal is to be made to the Supreme Court based on a certificate from the High Court, the Court will not consider any application for special leave to appeal unless the High Court has been approached first and has denied the certif...

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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 established certain terms, conditions, and procedures for supplying electricity to its consumers, exercising its authority under section 49 of the Electricity (Supply) Act, 1948. For large consumers, the tariff system consists of a two-part tariff, which includes (1) a De...

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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, referred to as \'B\', who is 60 years old, was convicted on April 13, 1974, under Section 302 of the Indian Penal Code for the murder of \'M\' through poisoning. Following this, an appeal was made by special leave concerning the specific issue of sentencing under the new Criminal Proc...

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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\" and \"T\", faced charges under sections 120B/109/302 of the Indian Penal Code (I.P.C.) as well as 302/34 I.P.C.The trial, which took place in the absence of the absconding \"T\", led to a conviction, and both accused were sentenced to death. Following a reference and...

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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 of 1950 expanded the Central Excise and Salt Act of 1944 to include the Part State of Travancore Cochin, while also repealing the Cochin Tobacco Act of 1909 and the Tobacco Act (Travancore Act I of 1087). Following this, a licensing system was established, requiring licensees to pay...

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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, who owns a hotel, was charged alongside five others for forcibly evicting the complainant, who served as the hotel\'s manager, and for misappropriating certain assets, including money belonging to the complainant. The appellant contended that the complainant was only a licensee. The T...

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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 served as a Circle organizer in the Tribal Welfare Department, where he was responsible for distributing stipends to adivasi students attending the Tribal Welfare Department School. He misappropriated Rs. 500/- intended for four students and also falsified certain entries in the bills....

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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 :

After the Chinese aggression in 1962, the President of India declared a state of emergency under Article 352 of the Constitution. Subsequently, Parliament enacted the Emergency Risks (Goods) Insurance Act, 1962, and the Emergency Risks (Factories) Insurance Act, 1962, which took effect on January 1,...

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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 :

According to the regulations of the respondent-University, individuals who are employed can enroll in a three-year law degree program by attending evening classes. A student who has not passed certain subjects in one academic year is permitted to retake those subjects before finishing the three-year...

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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 serving as an Agricultural Inspector in the Agricultural Department, the appellant was appointed to a temporary position as Block Development and Panchayat Officer in the State\'s Development Department, and was confirmed in that role effective April 1, 1964. Following the partition of Punjab,...

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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 offenses under Sections 465 read with 471 for using a forged B.Sc. Certificate and a Date of Birth Certificate. The trial court convicted him under Section 420 of the Indian Penal Code (I.P.C.) and sentenced him to one year of rigorous imprisonment along with a fine o...

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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 March 4, 1968, the day of the incident, Karnal Singh, the accused, was operating truck No. MRS 7372. This truck was acquired through a loan from the ex-serviceman Co-operative Society by one Sutar, who then leased the vehicle to Balwant Singh, the appellant\'s brother and a co-accused, under a hi...

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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 respondents are cooperative societies of sugarcane growers who supply sugarcane to the appellant, a sugar manufacturing factory. The regulation of sugarcane use and supply is governed by the provisions of the Essential Commodities Act, 1955. The Sugarcane Control Order of 1955 grants the Governm...

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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 :

Regarding the issue of whether civilian employees of Defence Establishments are entitled to establish trade unions under Article 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 faced trial before the Sessions Judge for the murder of Bahadur Singh. The prosecution\'s case was based on the testimonies of two eyewitnesses and three dying declarations made by the victim. However, the two eyewitnesses only partially supported the prosecution\'s claims, leading to...

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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 where the petitioners were employed consists of four cadres. Within the second cadre of non-gazetted officers, there are four grades: Foremen, Assistant Foremen, Chargemen Grade I, and Chargemen Grade II. The third cadre of non-industrial employees includes two grades: Supervis...

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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 :

In October 1953, the assessee-appellant received Rs. 9,95,000 out of a total compensation of Rs. 10,00,000 for the early termination of its managing agency business, with Rs. 5,000 deducted for brokerage. This amount was recorded in the Capital Reserve Account for the fiscal year ending June 30, 195...

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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, granted the Central Government the authority to extend any existing law from a Part A State to any Part C State, or any portion thereof, through a notification in the official gazette, with any modifications or restrictions it deemed appropriate. In 195...

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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 states that no individual is allowed to participate in the publication of any advertisement that mentions a drug in a manner that implies or is likely to encourage its use for enhancing or maintaining sexual pleasure, or fo...

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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 issued under section 12(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, section 12(2) states that the evacuee\'s rights, title, and interest in the evacuee property are extinguished, and the property is transferred entirely to the Central Government, f...

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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, allows the Collector to restore lands to former raiyats, either on his own initiative or upon request, for lands that were sold due to unpaid rent, from which they were evicted for unpaid rent, or that were considered 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 :

The trial Court dismissed a lawsuit seeking rent and possession of a house through the eviction of the defendants. The suit was initiated against six defendants, but the claim against the sixth defendant was not pursued. The fourth defendant was the mother of defendants one to three, while the fifth...

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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 thorough examination of sections 42(4), 78(1)(A)(a)(i), 79(1) and (3) of the Bombay Industrial Relations Act, 1946, along with rule 53 of the associated Rules, indicates that an application under section 79(1) to the Labour Court regarding a dispute under section 78(1)(A)(a)(i) must be submitted w...

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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 individual who owns a public service motor vehicle. This definition also encompasses the holder of a permit under the Motor Vehicles Act, 1939, for a public servi...

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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 :

The State Trading Corporation appointed the appellant as its selling agent for cement under an agreement. One of the conditions of this agreement was that the agent was responsible for collecting State or inter-State sales tax on cement sales and remitting it according to the law. The appellant comp...

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