Caselaw | Supreme Court Judgements of september 1975

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Dharam Pal & Ors Vs. The State of U.P [1975] INSC 192 (1 September 1975)

Judgement Date : 01 Sep 1975

Citation : 1975 Latest Caselaw 190 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

The four appellants were tried alongside 14 others for rioting, during which two murders occurred at 6:30 a.m. on July 1967. The prosecution highlighted a longstanding feud between the two groups: one to which the appellants belonged and the other to which the deceased belonged. The defense argued t...

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Kerala State Electricity Board Vs. Indian Aluminium Co [1975] INSC 193 (1 September 1975)

Judgement Date : 01 Sep 1975

Citation : 1975 Latest Caselaw 191 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Government of India Act, 1935
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

Headnote :

Exercising the powers granted by section 2(a) of the Kerala Act, the State Government designated \'electricity\' as an essential commodity in 1965. In 1968, the State Government enacted the Kerala State Electricity Supply (Kerala State Electricity Board and Licensees Areas) Surcharge Order, 1968, un...

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A.Panduranga Rao Vs. State of Andhra Pradesh & Ors [1975] INSC 194 (2 September 1975)

Judgement Date : 02 Sep 1975

Citation : 1975 Latest Caselaw 192 SC

Constitution of India

Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)

Headnote :

According to Article 233(2) of the Constitution, an individual who is not already employed by the Union or the State can only be appointed as a District Judge if they have served as an advocate or pleader for at least 7 years and have received a recommendation from the High Court for the position.Af...

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Kodali Puranchandra Rao & ANR Vs. The Public Prosecutor, Andhra Pradesh [1975] INSC 195 (2 September 1975)

Judgement Date : 02 Sep 1975

Citation : 1975 Latest Caselaw 193 SC

CrPC Section 174. Police to enquire and report on suicide, etc
Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 468. Forgery for purpose of cheating

Headnote :

Following a report from a father about the disappearance of his two daughters, the D.S.P. initiated an investigation due to certain special circumstances.Upon concluding the investigation, A-2, a police sub-inspector, along with A-1, his associate, and another individual, were charged with various o...

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Sulleh Slngh & Ors Vs. Sohan Lal & ANR [1975] INSC 196 (2 September 1975)

Judgement Date : 02 Sep 1975

Citation : 1975 Latest Caselaw 194 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The vendors transferred the suit land to the appellants (vendees) through a registered sale deed for Rs. 43,000/-. The respondents initiated a suit for possession by pre-emption of the land, offering Rs. 30,000/-, claiming that they were tenants of the land under the vendors at the time of the sale....

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State of Rajasthan & ANR Vs. Hari Ram Nathwani & Ors [1975] INSC 197 (3 September 1975)

Judgement Date : 03 Sep 1975

Citation : 1975 Latest Caselaw 195 SC

Headnote :

Section 5(1) of the Minimum Wages Act of 1948 outlines two procedures for establishing and updating minimum wages for any scheduled employment. Section 7 mandates the formation of an Advisory Board. If the procedure in clause (a) of Section 5(1) is utilized, consultation with the Advisory Board is n...

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Amalgamated Electricity Co. Ltd Vs. Jalgaon Borough Municipality [1975] INSC 198 (3 September 1975)

Judgement Date : 03 Sep 1975

Citation : 1975 Latest Caselaw 196 SC

Headnote :

The plaintiff-appellant entered into a contract with the respondent in 1944 to provide electrical energy. This contract expired at the end of January 1951, and a new agreement was executed to take effect from February 1951, lasting for five years. Clause 3 of the agreement stipulated that the Munici...

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State of Haryana Vs. Sampuran Singh [1975] INSC 199 (3 September 1975)

Judgement Date : 03 Sep 1975

Citation : 1975 Latest Caselaw 197 SC

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

Headnote :

The respondents were classified as small landowners under the Punjab Security of Land Tenures Act, 1953. Subsequently, they inherited additional lands, which, when combined with their existing holdings, surpassed the ceiling limit for small landowners. As a result, they no longer qualified as small...

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Hochtlef Gammon Vs. State of Orissa & Ors [1975] INSC 200 (4 September 1975)

Judgement Date : 04 Sep 1975

Citation : 1975 Latest Caselaw 198 SC

Headnote :

In 1957, Hindustan Steel Limited (the Company) and the appellant (the contractor) entered into a contract for the foundation and civil engineering work of the hot and cold rolling mills in Rourkela. The Company agreed to cover all construction costs, along with fixed overhead charges for the contrac...

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Mohamad Azlz Mohamed Nasir Vs. State of Maharashtra [1975] INSC 201 (4 September 1975)

Judgement Date : 04 Sep 1975

Citation : 1975 Latest Caselaw 199 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Regarding the issue of whether the provisions of the Probation of Offenders Act 1958 should have been applied in this case, the appeal is granted.

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J.K. Cotton Manufactures Ltd. Vs. The Commissioner of Income Tax, Lucknow [1975] INSC 202 (4 September 1975)

Judgement Date : 04 Sep 1975

Citation : 1975 Latest Caselaw 200 SC

Headnote :

An examination of section 10(2)(xv) of the Income-tax Act, 1922, reveals that for an expense to be deductible, it must meet two criteria: (i) it must be incurred wholly and exclusively for the business, profession, or vocation, and (ii) it must not be classified as capital expenditure. Both conditio...

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Murarilal Mahabir Prasad & Ors Vs. Shri B. R. Vad & Ors [1975] INSC 203 (5 September 1975)

Judgement Date : 05 Aug 1975

Citation : 1975 Latest Caselaw 201 SC

Bombay General Clauses Act, 1904
Bombay General Clauses Act, 1904
Bombay Sales Tax Act, 1959
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

The first appellant was a partnership firm established through a partnership deed dated December 3, 1953. This firm was registered as a dealer under the Bombay Sales Tax Acts of 1953 and 1959. It comprised five partners, namely appellants two to five, along with one additional partner who passed awa...

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Isha Beevi On Behalf of The Minior Umaiben Beevi & Ors Vs. The Tax Recovery Officer & Addl [1975] INSC 204 (5 September 1975)

Judgement Date : 05 Sep 1975

Citation : 1975 Latest Caselaw 202 SC

Income Tax Act, 1961

Headnote :

The Additional Personal Assistant to the Collector, acting as the tax recovery officer under the Income-tax Act of 1961, issued notices to the appellants that prohibited them from transferring or otherwise dealing with properties they possessed. This action was based on 22 certificates issued to the...

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Gurucharan Singh Vs. Kamla Singh & Ors [1975] INSC 205 (9 September 1975)

Judgement Date : 09 Sep 1975

Citation : 1975 Latest Caselaw 203 SC

Bihar Land Reforms Act, 1950
Constitution of India
Estates Partition Act, 1897
Estates Partition Act, 1897
Estates Partition Act, 1897
Land Registration Act, 1876
Land Registration Act, 1876

Surajnath Ahir & Ors Vs. Prithinath Singh & Ors [1962] INSC 203 (4 May 1962)

Headnote :

Section 3 of the Bihar Land Reforms Act, 1950, transfers all interests in estates or tenures held by a proprietor or tenure-holder to the State, effective from a date specified under section 4. Section 6 excludes certain lands from this transfer, specifically retaining the bakasht lands in the Khas...

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Trustees of The Port of Madras Vs. M/S. Aminchand Pyarelal & Ors [1975] INSC 206 (9 September 1975)

Judgement Date : 09 Sep 1975

Citation : 1975 Latest Caselaw 204 SC

Customs Act, 1962
Section 161. Bailee’s responsibility when goods are not duly returned

Headnote :

On April 10, 1968, a steamer docked at Madras port, delivering, among other items, a shipment of 202 bundles of black plain sheets in various sizes. The appellants accepted the goods and stored them in transit sheds. These goods were imported by the first respondent under authorization from the Stat...

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Mohmed Inayatullah Vs. The State of Maharashtra [1975] INSC 207 (9 September 1975)

Judgement Date : 09 Sep 1975

Citation : 1975 Latest Caselaw 205 SC

IPC Section 379. Punishment for theft

Udai Bhan Vs. The State of Uttar Pradesh [1962] INSC 27 (29 January 1962)

Headnote :

The appellant faced charges for stealing three drums of chemicals and was subsequently taken into police custody.During questioning, he stated, \"I will reveal the location where I stored the three chemical drums that I took...\" Following this, the drums were recovered from the location he specifie...

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Partap Vs. The State of U.P [1975] INSC 208 (10 September 1975)

Judgement Date : 10 Sep 1975

Citation : 1975 Latest Caselaw 206 SC

CrPC Section 342. Power to order court
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 his father and another individual, faced murder charges and were found guilty by the trial court. The initial report mentioned eyewitnesses, but the prosecution only called two to testify. These two witnesses were from a different village and were not present at the scene,...

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Anwar Ahmad Vs. State of U.P [1975] INSC 209 (12 September 1975)

Judgement Date : 12 Sep 1975

Citation : 1975 Latest Caselaw 207 SC

Criminal Procedure Code, 1973
CrPC Section 6. Classes of Criminal Courts

Headnote :

The appellant purchased a vehicle from the dealers under a hire-purchase agreement. He reported to the police that Ran Singh and others had defrauded him by taking his car and not returning it. On December 3, 1969, during their investigation, the police recovered the car and returned it to the appel...

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C.T.O. Moradabad Vs. H. Farid Ahmed & Sons [1975] INSC 210 (12 September 1975)

Judgement Date : 12 Aug 1975

Citation : 1975 Latest Caselaw 208 SC

Headnote :

On December 31, 1968, the sales tax officer determined from the turnover of the respondent firm, as indicated by the quarterly returns submitted by the assessee, that there was an assessable income. He then proceeded to make a provisional assessment for the relevant portion of the 1968 assessment ye...

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K. Sreedhara Reddy Vs. The Conservator of Forests & Ors [1975] INSC 211 (12 September 1975)

Judgement Date : 12 Sep 1975

Citation : 1975 Latest Caselaw 209 SC

Civil Laws
Forest Rules
Forest Rules

Headnote :

The appellant and the Forest Contractor exceeded the number of trees they were permitted to fell under the contract with the State of Andhra Pradesh. As a result, a penalty was imposed on the appellant in accordance with Rule 29 of the Forest Contract Rules, established under the Hyderabad Forest Ac...

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R. Rangachari Vs. S.Suppiah & Ors [1975] INSC 212 (15 September 1975)

Judgement Date : 15 Sep 1975

Citation : 1975 Latest Caselaw 210 SC

Headnote :

According to section 186(1)(a) of the Companies Act, if it becomes impractical to convene a meeting of the company, other than the annual general meeting, or to conduct it in the manner specified by the Act or the company\'s articles, the Court has the authority to order that the meeting be called,...

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Divisional Personnel Officer, Southern Railway & ANR Vs. T.R [1975] INSC 213 (15 September 1975)

Judgement Date : 15 Sep 1975

Citation : 1975 Latest Caselaw 211 SC

Headnote :

Rule 14(1) of the Railway Servants (Discipline and Appeal) Rules, 1968 states that despite the provisions in rules 9 to 13, if a railway servant is penalized due to conduct that has resulted in a criminal conviction, the disciplinary authority may take into account the circumstances of the case and...

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Nanhoo Mal & Ors Vs. Hira Mal & Ors [1975] INSC 214 (16 September 1975)

Judgement Date : 16 Sep 1975

Citation : 1975 Latest Caselaw 212 SC

Constitution of India

Headnote :

In order to address a casual vacancy in the position of President of the Municipal Board in Soron, located in the Etah district of Uttar Pradesh, the District Magistrate issued notifications to the Board members. These notifications stated that nomination papers needed to be submitted to his office...

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Newabganj Sugar Mills Co. Ltd. & ANR Vs. Union of India And [1975] INSC 215 (16 September 1975)

Judgement Date : 16 Sep 1975

Citation : 1975 Latest Caselaw 213 SC

Headnote :

The appellants contested the legality of the price set for levy in the High Court. While the petitions were ongoing, the appellants obtained a stay order from the High Court, allowing them to charge the price based on the state-fixed price, provided they submitted bank guarantees for the excess amou...

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Indian Chambers of Commerce Vs. C.I.T., West Bengal Ii, Calcutta [1975] INSC 216 (17 September 1975)

Judgement Date : 17 Sep 1975

Citation : 1975 Latest Caselaw 214 SC

Headnote :

According to the Income-tax Act of 1961, one of the categories excluded from an assessee\'s total income for tax purposes is the income generated from property held in trust solely for charitable purposes, as stated in section 11.Section 2(xv) defines charitable purpose. Chambers of commerce, which...

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Navneet Ram Batra Vs. State of Uttar Pradesh & Ors [1975] INSC 217 (17 September 1975)

Judgement Date : 17 Sep 1975

Citation : 1975 Latest Caselaw 215 SC

Headnote :

The appellant is a tenant of Plot No. 428. A notification was issued under Section 4(1) of the Land Acquisition Act for the establishment of an industrial estate concerning both Plot No. 428 and Plot No. 436. Subsequently, a notification under Section 17(4) was issued, which waived the provisions of...

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V. B. Badami Vs. State of Mysore & Ors [1975] INSC 218 (17 September 1975)

Judgement Date : 17 Sep 1975

Citation : 1975 Latest Caselaw 216 SC

Bishan Sarup Gupta Vs. Union of India & Ors [1974] INSC 96 (16 April 1974)
A.K. Subraman & Ors Vs. Union of India & Ors [1974] INSC 267 (11 December 1974)
Bishan Sarup Gupta Vs. Union of India & Ors [1972] INSC 171 (16 August 1972)

Headnote :

The Mysore Administrative Service (Recruitment) Rules of 1957 categorized Class I positions into two groups: senior scale posts and junior scale posts. Two-thirds of the junior Class I positions were filled through promotions from Class II Officers, while the remaining one-third were filled via dire...

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Roshan Lal Vs. Madan Lal [1975] INSC 219 (18 September 1975)

Judgement Date : 18 Sep 1975

Citation : 1975 Latest Caselaw 217 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The landlord, who is the respondent, initiated an eviction lawsuit against the tenant, the appellant, citing a genuine personal need for the property and claiming that he lacks any other reasonably suitable accommodation, which is a valid reason for eviction under the Madhya Pradesh Accommodation Co...

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Gulam Mustafa & Ors Vs. The State of Maharashtra & Ors [1975] INSC 220 (18 September 1975)

Judgement Date : 18 Sep 1975

Citation : 1975 Latest Caselaw 218 SC

Headnote :

Some lands owned by the appellants were forcibly taken under the Hyderabad Land Acquisition Act for the purpose of establishing a country fair or market (mondha). Following the acquisition, the municipality divided the surplus land and sold it for a residential development. The High Court rejected t...

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Ratnam Chettiar & Ors Vs. S. M. Kuppuswami Chettiar & Ors [1975] INSC 221 (18 September 1975)

Judgement Date : 18 Sep 1975

Citation : 1975 Latest Caselaw 219 SC

Headnote :

(1) A partition made voluntarily and with the consent of the members of a Hindu Undivided Family cannot be challenged unless it is demonstrated that it was achieved through fraud, coercion, misrepresentation, or undue influence. In such instances, the Court must demand stringent evidence of the fact...

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Income Tax Officer 'A' Ward, Indore Vs. Gwallor Rayon Silk Manufacturing (Weaving) Co. Ltd., Birlagr [1975] INSC 222 (18 September 1975)

Judgement Date : 18 Sep 1975

Citation : 1975 Latest Caselaw 220 SC

Headnote :

Sub-section (2) of Section 220 of the Income-tax Act, 1961, imposes a liability on an assessee to pay simple interest at a rate of 4% per annum if the amount specified in any notice of demand under Section 156 is not paid within the timeframe set out in sub-section (1).Sub-section (3) states that, w...

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Rameshwar & Ors Vs. Jot Ram & Ors [1975] INSC 223 (18 September 1975)

Judgement Date : 18 Sep 1975

Citation : 1975 Latest Caselaw 221 SC

Headnote :

Section 18(1) of the Punjab Security of Land Tenures Act, 1953 states that, regardless of any conflicting laws, customs, or contracts, a tenant of a landowner, other than a small landowner, has the right to purchase the land they occupy. This applies to tenants classified under Clause (i) or Clause...

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State of Kerala & ANR Vs. N. M. Thomas & Ors [1975] INSC 224 (19 September 1975)

Judgement Date : 19 Sep 1975

Citation : 1975 Latest Caselaw 222 SC

Constitution of India

Ganga Ram & Ors Vs. Union of India & Ors [1970] INSC 10 (2 February 1970)
S. G. Jaisinghani Vs. Union of India & Ors [1967] INSC 38 (22 February 1967)
C. A. Rajendran Vs. Union of India & Ors [1967] INSC 227 (29 September 1967)
Bhaiyalal Vs. Harikishan Singh & Ors [1965] INSC 22 (5 February 1965)

Headnote :

Rule 13(a) of the Kerala State Subordinate Services Rules 1958 states that no individual is eligible for appointment to any service or position unless they possess specific qualifications and have successfully completed any required special tests as outlined in the Special Rules.To promote a lower d...

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Harisingh Pratapsingh Chawda Vs. Popatlal Mulshanker Joshi & Ors [1975] INSC 225 (19 September 1975)

Judgement Date : 19 Sep 1975

Citation : 1975 Latest Caselaw 223 SC

Headnote :

The first respondent, a candidate from the ruling Congress party, was elected to the Lok Sabha from the Banaskantha constituency in Gujarat, defeating his opponent from the Organisation Congress. The appellant, a voter in the constituency affiliated with the Organisation Congress, filed an election...

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Iqbal Singh Vs. S. Gurdas Singh & Ors [1975] INSC 226 (19 September 1975)

Judgement Date : 19 Sep 1975

Citation : 1975 Latest Caselaw 224 SC

Indian Penal Code, 1860 (IPC)

Harisingh Pratapsingh Chawda Vs. Popatlal Mulshanker Joshi & Ors [1975] INSC 225 (19 September 1975)
Ghasi Ram Vs. Dal Singh & Ors [1968] INSC 31 (7 February 1968)

Headnote :

In the parliamentary election for a constituency in Punjab, the respondent was declared the winner. The appellant submitted an election petition claiming, among other things, (i) that at least 15,000 invalid and void votes were counted in favor of the respondent, and (ii) that the Chief Minister of...

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State of Andhra Pradesh & ANR Vs. T. Gopalakrishna Murthi & Ors [1975] INSC 227 (25 September 1975)

Judgement Date : 25 Sep 1975

Citation : 1975 Latest Caselaw 225 SC

Constitution of India

Headnote :

The Chief Justice of the High Court of Andhra Pradesh requested that the High Court staff be compensated according to the pay scales of equivalent positions within the Secretariat staff of the Government of Andhra Pradesh. However, the Government did not consent to this request. Members of the High...

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Income Tax Officer 'A' Ward, Calcutta Vs. Ramnarayan Bhojnagarwala [1975] INSC 228 (26 September 1975)

Judgement Date : 26 Sep 1975

Citation : 1975 Latest Caselaw 226 SC

Headnote :

A bank account was identified with a substantial amount deposited. The assessing authority assumed that this amount was the income of one Madan Lal, the account holder. Madan Lal disputed this claim, asserting that the funds actually belonged to his uncle, who is the respondent in this case.The Inco...

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City Corner Vs. Personal Asstt. To Collector & Addl. District, Magistrate [1975] INSC 229 (29 September 1975)

Judgement Date : 29 Sep 1975

Citation : 1975 Latest Caselaw 227 SC

Headnote :

Section 12 of the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888, grants the District Magistrate the authority to review any records related to proceedings under the Act and to request any relevant reports. Additionally, the District Magistrate can conduct further inquiries and issue...

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Paradise Industrial Corpn Bombay Vs. Kiln Plastics Products [1975] INSC 230 (29 September 1975)

Judgement Date : 29 Sep 1975

Citation : 1975 Latest Caselaw 228 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants, who are the plaintiffs, initiated a lawsuit against the defendants, who are the respondents, seeking recovery of possession of a property that had been leased to them, along with outstanding rent and mesne profits, in March 1968. They claimed that the defendants had not paid rent sin...

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Sat Pal Vs. Delhi Administration [1975] INSC 231 (29 September 1975)

Judgement Date : 29 Sep 1975

Citation : 1975 Latest Caselaw 229 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 342. Power to order court

Headnote :

The appellant, who served as an Assistant Sub Inspector at the railway station, was found guilty under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, 1947, as well as section 161 of the Indian Penal Code. The evidence presented against him included testimony fr...

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Municipal Corporation of Delhi Vs. Kacheroo Mal [1975] INSC 232 (29 September 1975)

Judgement Date : 29 Sep 1975

Citation : 1975 Latest Caselaw 230 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The Food Inspector acquired cashew nut pieces as a sample for analysis from the respondent\'s grocery store.The sample was forwarded to the Public Analyst, who reported that the cashew nuts were infested with insects. Following the receipt of the Public Analyst\'s report, the Food Inspector initiate...

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Commissioner of Expenditure Tax, Andhra Pradesh Vs. Shri Pvg Raju, Rajah of Vizianagaram [1975] INSC 233 (29 September 1975)

Judgement Date : 29 Sep 1975

Citation : 1975 Latest Caselaw 231 SC

Headnote :

According to sections 5 (a) and (j) of the Expenditure Tax Act, 1957, no expenditure tax is applicable on any expenses incurred by the taxpayer that are entirely and exclusively for the purpose of their business, profession, or vocation, as well as on any donations made by the taxpayer.The responden...

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Bihar State Electricity Board, Patna. Vs. Their Workmen [1975] INSC 234 (30 September 1975)

Judgement Date : 30 Oct 1975

Citation : 1975 Latest Caselaw 232 SC

Headnote :

Electricity Supply Act, 1948 - Sections 59, 64, 65, 66, 67, and 68.The Employees Provident Fund Act is applicable solely to establishments classified as factories. The electricity sector, which encompasses generation, transmission, and distribution, falls under the purview of this Act. However, only...

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