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 4 appellants were tried along with 14 others for the offence of rioting in the course of which 2 murders were committed at 6-30 a.m on 7-1967. The prosecution revealed a long standing enmity between the two groups; one to which the appellants belonged and the other to which the deceased belonged...

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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 :

In exercise of powers conferred by s.2(a) of the Kerala Act, the State Government declared 'electricity' as an essential article in 1965. In 1968, the State Government passed an Order called the Kerala State Electricity Supply (Kerala State Electricity Board and Licensees Areas) Surcharge Or...

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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 :

Under Article 233(2) of the Constitution a person not already in service of the Union or of the State shall only be eligible to be appointed a District Judge, if he has been for not less than 7 years an advocate or pleader and is recommended by the High Court for appointment. After interviewing a...

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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 :

On a report given by the father, regarding the disappearance of his two daughters, investigation was taken up by the D.S.P. because of certain special circumstances. After completing the investigation, A-2, a sub-inspector of police, A-1, his friend, and another were charged with offenses under s...

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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 sold the suit land to the appellants (vendees) by a registered deed of sale for Rs. 43,000/-. The' respondents filed the suit- for possession by pre- emption of the land in payment of Rs. 30,000/- on the allegations that the respondents were on the date of sale tenants of the land...

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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 1948, provides two types of procedure for fixing and revising minimum wages in respect of any scheduled employment. Section 7 provides for the appointment of an Advisory- Board. If the procedure provided in s.5(1) (a) is followed consultation with the Advisory B...

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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 an agreement with the respondent to supply electrical energy to the respondent in 1944. This agreement expired towards the end of January 1951, and which was to commence from February 1951, was executed between the parties. This agreements was to ensure for a per...

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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 small land owners within the meaning of Punjab Securrity of' Land Tenures Act, 1953. The respondents, later on inherited certain lands which together with the lands already held by them exceeded the ceiling area. The respondents, therefore, ceased to be small land- owners. T...

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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, the Hindustan Steel Limited (Company) and the appellant (contractor) entered into a contract for execution of the foundation and civil engineering work of the hot and cold rolling mills at Rourkela. The Company was to pay to the Contractor all costs of construction and in addition pay fixed...

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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 :

On the question whether the provisions of the Probation of offenders Act 1958 should have been applied in this case, Allowing the appeal,

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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 analysis of s. 10(2) (xv) of the Income-tax Act, 1922, shows that in order to be a deductible expenditure the amount has to fulfill two conditions, (i) that it must be laid out wholly and exclusively for the purpose of the business, profession or vocation. and (ii) that it should not be an expend...

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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 constituted under a deed of partnership dated December 3, 1953. The firm was registered as a dealer under the Bombay Sales Tax Acts of 1953. and 1959. The firm consisted of five partners appellants two to five and one other who died in 1965. The firm used t...

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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 :

Purporting to act under the provisions of Income-tax Act, 1961, the Additional Personal Assistant to the Collector, who was functioning as the tax recovery officer issued notices to the appellants prohibiting them from transferring or otherwise dealing with the properties in their possession on 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, 1 950, transfers all interests in estates or tenures of a proprietor or tenure-holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas poss...

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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 10-4-1968, a steamer arrived at the Madras port and landed inter alia a consignment or 202 bundles of black plain sheets of various sizes. The appellants received the goods and stored them in the transit sheds. The goods were imported by the first respondent under an authorisation issued by the S...

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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 was charged with an offence of theft or three drums of chemicals. He was taken into police custody. On interrogation he said : I will tell the place of deposit of the three chemical drums which I took out.... " The drums were thereafter recovered from the place mentioned by him...

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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, his father and another were charged with murder and convicted by the trial court. The first information referred to eye witnesses, of whom the prosecution examined only two. These two were chance witnesses of another village, but the others who belonged to the village where the occurr...

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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 bought a car from the dealers on the basis of a hire-purchase agreement. He filed a report before the police alleging that Ran Singh and others had practised a fraud on him and had taken away his car and had not returned the same. On 3-12-1969, the police during the course of investiga...

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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 :

By an order dated 31st December, 1968, the sales-tax officer found from the turnover of the respondent firm as revealed from the quarterly returns filed by the assessee that is disclosed an assessable income. He proceeded to make a provisional assessment in respect of the portion of the assessment y...

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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 & Forest Contractor felled trees in excess of the permitted number authorised by the contract entered into by him with the State of Andhra Pradesh Certain penalty was imposed on the appellant under rule 29 of he Forest Contract Rules framed in exercise of the powers conferred by Hy...

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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 :

Under s. 186(1)(a) of the Companies Act, if for any reason it is impracticable to call a meeting of the company, other than an annual general meeting, or to hold, or conduct it in then manner prescribed by the Act or the articles of the company, the Court may order the meeting to be called, held and...

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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 provides that not withstanding anything contained in rr.9 to 13, where any penalty is imposed on a railway servant on the ground of conduct which has led to his conviction on a criminal charge, the disciplinary authority may cons...

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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 :

To fill up a casual vacancy in the office of the President of the Municipal Board, Soron in the district of Etah in Uttar Pradesh, the District Magistrate issued notices to the members of the Board informing them that nomination paper should be filed in his office by 20th of September, 1974 and if n...

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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 challenged the validity of fixation of price of levy the high Court. During the pendency of the petitions, the appellants a stay order from the High Court for charging the price in eyes price fixed by the State on furnishing Bank guarantees for the excess price Ultimately, the High Co...

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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 :

Under the Income-tax Act 1961 one of the items not included in the total income of an assessee for purposes of tax is under s.11 income derived from property held under trust wholly for charitable purpose. Charitable purpose is defined in s.2 (xv). Chambers of commerce, promoting the trade intere...

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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 or Plot No. 428. A notification was issued under Section 4 (1) of the Land Acquisition Act for setting up an industrial estate in respect of Plot No. 428 and Plot No. 436. By a notification under Section 17 (4) the provisions of section 5A were dispensed with in the ground...

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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, 1957 classified class I posts into two categories: senior scale posts and the junior. scale posts. ,. Two- thirds of the junior class I post were filled by promotion from Class II '' Officers and the balance of one-third by direct rec...

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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 respondent landlord filed a suit for eviction against the appellant tenant on the ground of bona fide personal requirement and that he has no other resonably suitable accommodation of his own which is one of the grounds of eviction under the Madhya Pradesh Accommodation Control Act. The appellan...

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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 :

Certain lands belonging to the appellants were compulsorily acquired under the Hyderabad Land Acquisition Act for running a country fair or market (mondha). After the acquisition, the municipality parcelled out the excess land and sold it for a housing colony. The High Court dismissed the appellants...

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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 effected between the members of an Hindu Undivided Family by their own volition and with their consent cannot be reopened unless it is shown that it was obtained by fraud, coercion, misrepresentation or undue influence. In such a case. the Court should require strict proof of facts,...

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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 9. 220 of the Income-tax Act. 1961 makes an assessee liable to pay simple interest at 4% p.a. if the amount specified in any notice of demand under s. 156 was not paid within the period limited under sub-s. (1). Sub-section (3) states that without prejudice to the provisions...

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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. lays down that, notwithstanding to the contrary contained in any law, usage or contract, a tenant of a land owner other then a small land owner shall be entitled to purchase from the land-owner the land so held by him in the Case of a t...

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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, provides that no person shall be eligible for appointment to any service or any post unless he possessed such special qualifications and has passed such special tests as may be prescribed in that behalf in the Special Rules. For prom...

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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 of the ruling Congress was elected to the Lok Sabha from Banaskantha constituency in Gujarat, defeating his rival candidate of Organisation Congress. The appellant a voter in the constituency belonging to the Organisation Congress filed an election petition challeng...

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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 election to Parliament from a constituency in Punjab the respondent was declared elected. The appellant filed an election petition alleging, inter alia, (i) that at least 15,000 invalid and void votes had been included and counted in favour of the respondent, and (ii) that the Chief Minister...

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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 wanted the High Court staff, to be paid at the scales of pay of equivalent posts in the Secretariat staff of the Government of Andhra Pradesh. The Government did not agree to do so. The respondents who are members of the High Court service belong...

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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 :

There was a Bank account in which a huge sum was seen as lying in deposit. The assessing authority proceeded on the footing that the amount represented the Income of one Madan Lal, in whose name the Bank account stood. He contested his ownership and urged that really this sum belonged to his uncle w...

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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, empowers the District Magistrate to can for examining the record any of any proceeding taken under the Act to can for any report in connection . therewith, to make or cause to be made any further enquiry and to pass...

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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 plaintiffs filed a suit against the defendants respondents for recovery of possession of the property leased to them as also rent and mesne profits in March, 1968. It was alleged that the defendants were in arrears of rent from 1st March, 1966 and that the rent was Rs. 385/- a month....

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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, an Assistant Sub Inspector, attached to the railway station was convicted under s. 5(2) read with s. 5(1)(d) of the Prevention of Corruption Act, 1947, and s. 161, I.P.C. The evidence against him was that the arrested P.W. 1, took-away Rs. 30/- from him and demanded an additional Rs....

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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 purchased cashewnut pieces as sample-for analysis from the grocery shop of the respondent. The sample was sent to the Public Analyst who reported that the cashewnuts were insect infested. After receiving - the report from the Public Analyst the Food Inspector prosecuted the res...

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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 :

Under s. 5 (a) and (j) of the Expenditure Tax Act, 1957, no expenditure tax shall be payable on any expenditure incurred by the assessee wholly and exclu sively for the purpose of his business profession or vocation, and on any expenditure incurred by the assessee by way of donation. The responde...

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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-S. 59, 64, 65, 66 67 and 68. The Employees Provident Fund Act applies only to establishments which are factories. The industry in question electricity-including generation, transmission and distribution thereof, is one to which the Act applies. But only a small propor...

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