Caselaw | Supreme Court Judgements of october 1975

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G. Krishta Goud & J. Bhoomaiah Vs. State of Andhra Pradesh & Ors [1975] INSC 235 (3 October 1975)

Judgement Date : 03 Oct 1975

Citation : 1975 Latest Caselaw 233 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The court found the petitioners guilty of murder and sentenced them to death. Their request to the President of India to commute the death sentence was denied. Subsequently, they submitted a writ petition to the High Court seeking to overturn the President\'s decision, arguing that he had overlooked...

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Vulcan Insurance Co. Ltd Vs. Maharaj Singh & ANR [1975] INSC 236 (3 October 1975)

Judgement Date : 03 Oct 1975

Citation : 1975 Latest Caselaw 234 SC

Limitation Act, 1963

Headnote :

The insured respondent sought compensation from the appellant insurer, claiming losses incurred from a fire. The appellant denied the claim based on clause 13 of the policy. In response, the respondent proposed arbitration to resolve the dispute in accordance with clause 18 of the policy. However, t...

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Bar Council of Maharashtra Vs. M. Vs. Dabholkar [1975] INSC 237 (3 October 1975)

Judgement Date : 03 Oct 1975

Citation : 1975 Latest Caselaw 235 SC

Advocates Act, 1961

Headnote :

The foundation of the rule of law cannot be established on the remnants of democracy, for when law ceases, tyranny emerges. If this is the fundamental principle for the survival of our Republic, then the connection between lawyers and the public is essential and cannot be severed. The crucial role o...

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Surjit Lal Chhabda Vs. Commissioner of Income Tax, Bombay [1975] INSC 238 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 236 SC

Headnote :

The appellant, Surjit Lal, owned a property known as \"Kathoke Lodge\" from which he earned rental income, alongside other sources of income. In 1956, he declared that this property would be included in the family hotchpotch, which consisted of himself, his wife, and their unmarried daughter.Surjit...

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Workmen of Indian Standards Institution Vs. Management of Indian Standards Institution [1975] INSC 239 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 237 SC

Industrial Disputes Act, 1947
Societies Registration Act, 1860

Headnote :

The workers of the Indian Standards Institution, which is a registered society under the Societies Registration Act, 1860, made several demands that the management did not accept. This led to a dispute that was brought to conciliation. When the conciliation efforts failed, the Conciliation Officer s...

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Mandyala Govindu & Co. Vs. Commissioner of Income Tax, Andhra Pradesh [1975] INSC 240 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 238 SC

Indian Contract Act, 1872
Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The appellant is a partnership firm consisting of three partners and one minor who is entitled to the benefits of the partnership.One partner holds a 31% share, while the other two partners and the minor each hold a 23% share of the firm\'s profits. However, the partnership deed does not specify how...

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State of Assam & ANR Vs. J. N. Roy Biswas [1975] INSC 241 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 239 SC

Headnote :

The respondent, who was a Government employee, faced suspension in 1960. Following the Inquiry officer\'s findings, a show cause notice was issued. Although the appointing authority cleared the respondent of any wrongdoing, it did not provide a detailed explanation for its decision. Subsequently, th...

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State of Punjab & Ors Vs. Balbir Singh [1975] INSC 242 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 240 SC

Constitution of India
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966

Headnote :

The respondents in the aforementioned 13 appeals for Special Leave, along with 2 additional parties, filed 15 Writ Petitions in the High Court of Punjab and Haryana contesting the order dated October 28, 1966, issued by the Government of the former undivided State of Punjab, which reverted the respo...

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Dunlop India Ltd. Vs. Union of India & Ors [1975] INSC 243 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 241 SC

Customs Act, 1962

Headnote :

The appellants, who manufacture automobile tyres, import \"V.P. Latex,\" a crucial component in tyre production. The customs authorities in Calcutta and Madras classified it as non-raw rubber, which falls under item 82(3) (now 87) of the Indian Customs Tariff, and imposed duties along with a counter...

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Healthways Dairy Products Co. Vs. Union of India [1975] INSC 244 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 242 SC

Headnote :

On March 1, 1970, the Central Government issued a Notification under rule 8(1) of the Central Excise Rules, 1944, which exempted certain milk preparations from excise duty under the Excise Act, 1944. However, this exemption did not apply to specific milk preparations listed as items 12 and 13 in the...

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Union of India & Ors, Vs. Security And Finance (P) Ltd. [1975] INSC 245 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 243 SC

Headnote :

The respondent company imported auto cycle parts disguised as motor vehicle parts, for which it held a valid license under the Import laws. Regarding certain shipments from the U.K., the customs authorities issued a single order dated 14-11-1955, which included the following:(i) Under section 167(8)...

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State of Punjab & ANR Vs. Shamlal Murari & ANR [1975] INSC 246 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 244 SC

Headnote :

Rule 3 of Chapter 2-C, Volume 5 of the Punjab and Haryana High Court Rules and Orders states:\"R.3: The Deputy Registrar will not accept any appeal under clause 10 of the Letters Patent unless it is submitted with three typed copies of the following documents:(a) Memorandum of appeal;(b) Judgment be...

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Joint Secretary To The Government of India & Ors Vs. Khillu Ram & ANR [1975] INSC 247 (6 October 1975)

Judgement Date : 06 Oct 1975

Citation : 1975 Latest Caselaw 245 SC

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

Headnote :

Rule 30 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, states that when a property is occupied by multiple individuals, it should be allocated to the person with the highest gross compensation.In this case, a specific property was assigned to the first respondent under this...

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P. Kumaraswamy Vs. State Transport Tribunal, Madras & ANR [1975] INSC 248 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 246 SC

Motor Vehicles Act, 1939

Headnote :

Numerous applicants sought a permit for a short route and presented their cases to the Regional Transport Authority in accordance with the Motor Vehicles Act of 1939. The Transport Authority assessed the relevant merits and granted the permit to the appellant. The marking system established by the T...

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State Haryana & ANR Vs. Jiwan Singh [1975] INSC 249 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 247 SC

Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

The respondent, a displaced individual from Pakistan, was granted 55-80 Standard Acres of land as compensation for the land he left behind in Pakistan. In calculating the surplus area, the appellant State interpreted the phrase \"as the case may be\" in proviso (ii)(a) of Section 2(3) of the Punjab...

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Maulavi Abdur Rub Firoze Ahmed & Co. Vs. Jay Krishna Arora [1975] INSC 250 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 248 SC

City Civil Court Act, 1953
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
West Bengal Premises Tenancy Act, 1956

Headnote :

The plaintiff-respondent secured a decree in an eviction case filed under section 20 of the West Bengal Premises Tenancy Act, 1956 at the original side of the Calcutta High Court, citing \"personal use and occupation\" as the reason, which was upheld by a High Court bench. In an appeal by certificat...

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Employees' State Insurance Corporation & ANR Vs. Tata Engineering & Co. Locomotive Co. Ltd. & ANR [1975] INSC 251 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 249 SC

Apprentices Act, 1961
Employees State Insurance Act, 1948
Industrial Disputes Act, 1947

Headnote :

The appellant argued before the Industrial Tribunal that the apprentices fall under the purview of the Employees State Insurance Act, 1948. The factory employs two categories of apprentices in addition to its regular staff: graduate apprentices for a two-year term and trade apprentices for three yea...

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Vidya Sagar Vs. Sudesh Kumari & Ors [1975] INSC 252 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 250 SC

Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
Transfer of Property Act, 1882
U.P. Zamindari Abolition and Land Reforms Act, 1950

Kailash Rai Vs. Jai Jai Ram & Ors [1973] INSC 17 (22 January 1973)

Headnote :

The co-owners of certain lands, along with the appellant, sold their share to the respondents. The appellant then initiated a preemption suit and, following a favorable decree, deposited the sale deed\'s consideration in court. However, prior to this action, specifically from July 1, 1970, the U.P....

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Managementof National Projects Construction Corporation Ltd. Vs. Their Workmen & Ors [1975] INSC 253 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 251 SC

Headnote :

The appellant\'s workforce was divided into three groups: regular employees, work-charged employees, and casual laborers (muster-roll workers). A settlement was reached between the parties, agreeing to refer certain issues, such as pay revisions, to arbitration. Prior to this settlement, the wages f...

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S. P. Vasudeva Vs. State of Haryana & Ors [1975] INSC 254 (8 October 1975)

Judgement Date : 08 Oct 1975

Citation : 1975 Latest Caselaw 252 SC

Constitution of India

Headnote :

The appellant, who served as an Assistant in the P.W.D. office, was appointed on February 10, 1972, to a temporary position as a Legal Assistant in the office of the Deputy Commissioner in Karnal. However, after evaluating his performance, he was deemed unsuitable for the role and was reverted back...

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Ramlal & Sons Vs. State of Rajasthan [1975] INSC 255 (9 October 1975)

Judgement Date : 09 Oct 1975

Citation : 1975 Latest Caselaw 253 SC

Headnote :

The appellant\'s application for mica mining rights was approved in 1951. The appellant paid the required premium and took control of the land. Although the lease was intended to last for twenty years, no formal lease agreement was signed. In 1967, the State Government ordered the appellant to vacat...

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New Samundri Transport Co. (P) Ltd. Vs. State of Punjab & Ors [1975] INSC 256 (9 October 1975)

Judgement Date : 09 Oct 1975

Citation : 1975 Latest Caselaw 254 SC

Motor Vehicles Act, 1939

Headnote :

Section 60 of the Motor Vehicles Act, 1939 grants the State Transport Authority the authority to cancel or suspend a permit it has issued under specific conditions. The proviso to this section stipulates that a permit cannot be canceled without first providing the permit holder an opportunity to pre...

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Chitan J. Vaswani & ANR Vs. State of West Bengal & ANR [1975] INSC 257 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 255 SC

Headnote :

The appellants operated a public establishment, specifically a bar. They were found guilty under section 3(1) of the Suppression of Immoral Trafficking in Women and Girls Act, 1956, for maintaining or managing a brothel within the bar, and under section 7(2)(a) for knowingly allowing prostitutes to...

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Dilip Kumar Sharma & Ors Vs. State of Madhya Pradesh [1975] INSC 258 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 256 SC

Indian Penal Code, 1860 (IPC)
IPC Section 303. Punishment for murder by life-convict
IPC Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Headnote :

The appellants, Dilip Kumar, Bharatsingh, and Rohitsingh, were found guilty of murdering Arun Bhargava. The Sessions Judge convicted Dilip Kumar under Section 302, Bharatsingh under Section 302 in conjunction with Section 34, and Rohitsingh under Section 303 of the IPC, sentencing them all to death....

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Bharat Iron Works Vs. Bhagubhai Balubhai Patel & Ors [1975] INSC 259 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 257 SC

Industrial Disputes Act, 1947

Headnote :

Typically, a person is considered a victim when they are made a target or scapegoat and face persecution, prosecution, or punishment without any genuine fault or guilt on their part. If there is actual fault or guilt that justifies punishment, then such actions cannot be deemed as victimization.[283...

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State of West Bengal Vs. Raj Kumar Agarwalla [1975] INSC 260 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 258 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The complainant filed a report with the police alleging a conspiracy to cheat and defraud him. This report did not include the respondent\'s name, as the prosecution itself stated that the respondent only appeared on the scene after the report was filed. The only involvement attributed to him was th...

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Harnam Vs. State of U.P [1975] INSC 261 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 259 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder

Headnote :

The legislative history concerning capital punishment indicates a notable shift in perspective and methodology since India\'s independence.Before the amendment of section 367(5) of the Code of Criminal Procedure by Act 26 of 1955, the standard practice was to impose the death penalty on individuals...

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New India Insurance Co. Ltd. Vs. Smt. Shanti Misra [1975] INSC 262 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 260 SC

Fatal Accidents Act, 1855
Limitation Act, 1963
Motor Vehicles Act, 1939

Headnote :

Section 110A(3) of the Motor Vehicles Act, 1939, prior to its 1970 amendment, stipulated that no application for compensation related to accidents specified in section 110(1) would be considered by the Claims Tribunal unless submitted within 60 days of the accident. However, the proviso allowed the...

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Mangu Ram Vs. Municipal Corporation of Delhi [1975] INSC 263 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 261 SC

Limitation Act, 1963

Headnote :

The respondent applied for special leave to appeal to the High Court under section 417(3) of the Code of Criminal Procedure, 1898, challenging the trial court\'s acquittal of the petitioner. Although the application was submitted after the limitation period, the High Court accepted the delay under s...

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Udhav Singh Vs. Madhav Rao Scindia [1975] INSC 264 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 262 SC

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

Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Headnote :

In March 1971, six candidates submitted their nomination papers to contest the Lok Sabha election from the Guna Parliamentary Constituency. After the scrutiny of their papers, Pratap Singh and Gaya Prasad withdrew their candidacies. The respondent was declared the winner, securing approximately 141,...

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Hind Overseas Private Limited Vs. Raghunath Prasad Jhunjhunwalla & ANR [1975] INSC 265 (10 October 1975)

Judgement Date : 10 Oct 1975

Citation : 1975 Latest Caselaw 263 SC

Headnote :

According to section 433(f) of the Companies Act, 1956, a company may be dissolved by the Court if it deems it just and equitable to do so. Similarly, section 44(g) of the Partnership Act refers to the \"just and equitable clause\".One RPJ entered into an agreement with VDJ and MPJ, who were operati...

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Bisra Stone Lime Company Ltd. & ANR Vs. Orissa State Electricity Board & ANR [1975] INSC 266 (21 October 1975)

Judgement Date : 21 Oct 1975

Citation : 1975 Latest Caselaw 264 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

According to clause 13 of the agreement between the parties, the tariff and conditions for electricity supply were subject to revisions made by the supplier at any time. Clause 23 specifies that any disputes or differences between the consumer and the supplier should be referred to an arbitrator. Th...

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Prabhakar & Ors Vs. State of Maharashtra & Ors [1975] INSC 267 (22 October 1975)

Judgement Date : 22 Oct 1975

Citation : 1975 Latest Caselaw 265 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Constitution of India

Headnote :

Appointments for the positions of sub-inspectors in the District Police Force or the Greater Bombay Police Force in the State of Bombay, prior to May 1, 1939, required an 18-month training period at the Police Training School in Nasik. From May 1, 1939, to June 1, 1949, a new training facility was e...

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The State of Mysore Vs. C. N. Vijendra Rao [1975] INSC 268 (24 October 1975)

Judgement Date : 24 Oct 1975

Citation : 1975 Latest Caselaw 266 SC

Headnote :

According to rule 95(b) of the Mysore Civil Service Rules, a government employee who is suspended due to allegations of misconduct cannot be forced or allowed to retire upon reaching the age of superannuation. Instead, they must remain in service until the inquiry into the allegations is completed a...

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