Caselaw | Supreme Court Judgements of april 1976

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Undavilli Nagarathnam & ANR Vs. Reddi Satyanarayana Murthi & Ors [1976]93 (1 April 1976)

Judgement Date : 01 Apr 1976

Citation : 1976 Latest Caselaw 93 SC

Andhra Pradesh (Andhra Area) Tenancy Act, 1956
Section 105. TPA, Lease defined.
Section 76. TPA, Liabilities of mortgagee in possession.

Headnote :

Mr. Subbarayudu had no sons. He was married to plaintiff No. 2 and had two daughters: one is plaintiff No. 1 and the other is defendant No. 4. Defendant No. 1 is the son of defendant No. 4. Mr. Subbarayudu and plaintiff No. 2 made several gifts to their daughters. In 1955, Mr. Subbarayudu executed a...

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State of U.P. Vs. Poosu & ANR [1976]94 (2 April 1976)

Judgement Date : 02 Apr 1976

Citation : 1976 Latest Caselaw 94 SC

Constitution of India
CrPC Section 427. Sentence on offender already sentenced for another offence

Headnote :

The High Court acquitted the accused-respondents of serious charges. Subsequently, this Court granted the State of U.P. special permission to appeal and, in accordance with Article 136 in conjunction with Article 142, issued directives for the re-arrest and detention of the accused. The accused-resp...

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Union of India Vs. Om Parkash [1976]95 (2 April 1976)

Judgement Date : 02 Apr 1976

Citation : 1976 Latest Caselaw 95 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The contractor, referred to as the respondent, entered into seven contracts with the Union of India for the construction of a hospital, various buildings, and tube wells. Each contract included a clause stipulating that any disputes between the parties would be resolved by an arbitrator. The arbitra...

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Indian Aluminium Cables Ltd. Vs. State of Haryana [1976]96 (2 April 1976)

Judgement Date : 02 Apr 1976

Citation : 1976 Latest Caselaw 96 SC

Central Sales Tax Act, 1956
Gwalior
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

According to section 5(2)(a)(iv) of the Punjab Sales Tax Act, \"taxable turnover\" refers to the portion of a dealer\'s gross turnover during a specific period that remains after subtracting the turnover from sales made to any entity providing electrical energy to the public under a license or appro...

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B.Prabhakara Rao. Vs. Desari Panakalala Rao & Ors & Ors [1976]97 (5 April 1976)

Judgement Date : 05 Apr 1976

Citation : 1976 Latest Caselaw 97 SC

Headnote :

Tribunal - If it had the authority to accept evidence beyond the timeframe specified in section 57(4).According to Rule 15 of the Andhra Pradesh State Transport Appellate Tribunal Rules of 1971, parties involved in an appeal or application are generally not permitted to present additional evidence,...

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Mohatta Brothers Vs. Bharat Suryodaya Mills Co. Ltd., Ahmadabad [1976]98 (5 April 1976)

Judgement Date : 05 Apr 1976

Citation : 1976 Latest Caselaw 98 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, a registered partnership firm, served as the managing agent for the respondent. After resigning from the board of directors of the respondent company, the appellant initiated a lawsuit seeking a monetary claim based on an agreed-upon scheme. The appellant firm was composed of five par...

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I.N. Subba Reddy Vs. Andhra University & Ors [1976]99 (5 April 1976)

Judgement Date : 05 Apr 1976

Citation : 1976 Latest Caselaw 99 SC

Headnote :

The appellant began his tenure at Andhra University as a Senior Lecturer in 1960 and was promoted to Professor in 1967. He entered into a service agreement with the University as mandated by the employment conditions and was confirmed in his role as Professor in October 1968. However, in October 197...

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Prem Kakar Vs. State of Haryana & ANR [1976]100 (5 April 1976)

Judgement Date : 05 Apr 1976

Citation : 1976 Latest Caselaw 100 SC

Headnote :

According to section 12(5) in conjunction with section 10(1) of the Industrial Disputes Act, if the appropriate Government, after reviewing a failure report under section 12(4) from the conciliation officer, is convinced that an industrial dispute exists and warrants a reference, it may refer the ma...

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Chaturdas Bhagwandas Patel. Vs. The State of Gujarat [1976]101 (6 April 1976)

Judgement Date : 06 Apr 1976

Citation : 1976 Latest Caselaw 101 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Shiv Raj Singh Vs. Delhi Administration [1968] INSC 137 (1 May 1968)

Headnote :

The appellant, a Head Constable, along with a Sub-Inspector of Police, faced charges under Section 161 in conjunction with Section 34 and Section 165A of the Indian Penal Code (IPC), as well as under Section 5(2) in conjunction with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The appe...

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Principal, Guntur Medical College, Guntur Vs. Y. Mohan Rao [1976]102 (6 April 1976)

Judgement Date : 06 Apr 1976

Citation : 1976 Latest Caselaw 102 SC

Constitution of India

Headnote :

The respondent\'s parents were originally adherents of the Hindu faith and belonged to the Madiga caste, which is recognized as a scheduled caste in Andhra Pradesh, as outlined in the Constitution (Scheduled Castes) Order of 1950.After converting to Christianity, the respondent was born. Later, the...

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Kays Concern Vs. Union of India & Ors [1976]103 (6 April 1976)

Judgement Date : 06 Apr 1976

Citation : 1976 Latest Caselaw 103 SC

Mineral Concession Rules, 1960

Headnote :

Upon the expiration of his sub-lease for phosphate extraction over an area of 400 hectares in the Singbhum district of Bihar, the appellant submitted a request to the State Government for a new lease. The State Government did not address his application for nine months, leading to a deemed refusal u...

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State of Gujarat Vs. Chatrabhuj Maganlal & ANR [1976]104 (7 April 1976)

Judgement Date : 07 Apr 1976

Citation : 1976 Latest Caselaw 104 SC

Bombay General Clauses Act, 1904
Bombay General Clauses Act, 1904
Bombay Prevention of Gambling Act, 1887
Bombay Prevention of Gambling Act, 1887
CrPC Section 32. Mode of conferring powers
CrPC Section 39. Public to give information of certain offences
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Section 2(c) of the Suppression of Immoral Traffic in Women and Girls Act, 1956, defines a Magistrate as a District Magistrate or a Sub-Divisional Magistrate of the First Class who has been specifically authorized by the State Government through a notification in the official Gazette to exercise jur...

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Jose Da Costa & ANR Vs. Bascora Sadashiva Sinai Narcornim & ANR [1976]105 (7 April 1976)

Judgement Date : 07 Apr 1976

Citation : 1976 Latest Caselaw 105 SC

Headnote :

The plaintiff respondents initiated a lawsuit in 1961 under the Portuguese law applicable in those territories, seeking to evict the defendant-appellants from the disputed property. The complaint stated that following the death of plaintiff No. 1\'s father, Sadashiva, the land was assigned to Sitaba...

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Ratna Sugar Mills Co. Ltd. Vs. State of U.P. & Ors [1976]106 (7 April 1976)

Judgement Date : 07 Apr 1976

Citation : 1976 Latest Caselaw 106 SC

Constitution of India

Headnote :

The appellant purchased land in the Jaunpur district with the intention of establishing a factory, but did not utilize the land for that purpose. According to the U.P. Large Land Holdings Act, 1957, he was obligated to pay holdings tax for the assessment years 1365 to 1368 Fasli. His request under s...

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Commissioner of Wealth Tax, West Bengal Vs. Bishwanath Chatterjee & Ors [1976]107 (8 April 1976)

Judgement Date : 08 Apr 1976

Citation : 1976 Latest Caselaw 107 SC

Hindu Succession Act, 1956

Headnote :

The respondents argued that, as individuals governed by the Dayabhaga School of Hindu Law, they possessed specific and defined shares in the properties inherited from their father, which should subject them to separate wealth tax assessments. However, the Wealth Tax Officer classified them as a Hind...

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Seth Balgopal Das Vs. The State of U.P. & Ors [1976]108 (8 April 1976)

Judgement Date : 08 Apr 1976

Citation : 1976 Latest Caselaw 108 SC

Headnote :

The Rent Control and Eviction Officer in Dehradun granted the respondent landlady permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act to initiate eviction proceedings against the appellant tenant, citing the need for the accommodation for her personal residence. The t...

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State of Karnataka & ANR Vs. Elizabeth Mayne & ANR [1976]109 (8 April 1976)

Judgement Date : 08 Apr 1976

Citation : 1976 Latest Caselaw 109 SC

Forest Rules
Forest Rules
Karnataka Land Revenue Act, 1964

Headnote :

\"Bane lands\" refer to forest areas allocated for the use of the \"Warg\", which include rice fields designated for use without tax obligations. These lands are intended for grazing, collecting leaf manure/firewood, and obtaining timber necessary for the Warg. They can only be transferred along wit...

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General Manager, Southern Railway, Madras Vs. T M. Paramasivam [1976]110 (8 April 1976)

Judgement Date : 08 Apr 1976

Citation : 1976 Latest Caselaw 110 SC

Headnote :

According to Rule 2046 (b) of the Railway Establishment Code, a Ministerial Railway servant is eligible for a higher retirement age of 60 years if (i) they began their service on or before March 31, 1938, and (ii) they held either a lien or a suspended lien on a permanent position under Rule 2008(a)...

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Dharam Chand Jain Vs. The State of Bihar [1976]111 (14 April 1976)

Judgement Date : 14 Apr 1976

Citation : 1976 Latest Caselaw 111 SC

Mineral Concession Rules, 1960

Headnote :

On September 12, 1958, the appellant submitted an application to the State Government for a mining lease under the Mineral Concession Rules, 1960.After receiving no response from the State Government, he filed a revision application with the Central Government on June 21, 1961, which instructed the...

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H.C. Sarin Vs. Union of India [1976]112 (14 April 1976)

Judgement Date : 14 Apr 1976

Citation : 1976 Latest Caselaw 112 SC

Constitution of India

Headnote :

According to the Indian Railways Establishment Code, Volume I, Rule 1730, a delinquent officer has the right to the assistance of an advocate or another railway official.The appellant was a railway official representing the Indian Railways in London. He faced three charges related to the procurement...

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State of Gujarat & Ors Vs. Ambalal Haiderbhai [1976]113 (14 April 1976)

Judgement Date : 14 Apr 1976

Citation : 1976 Latest Caselaw 113 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant commenced legal proceedings under the Land Acquisition Act of 1894 to acquire the respondents\' lands for the Sardarnagar Co-operative Industrial Society Ltd., with the aim of creating an industrial estate for small-scale industries. Following the procedures outlined in Part VII of the...

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State of Gujarat Vs. Musamiyan Imam Haider Bux Razvi & ANR [1976]114 (14 April 1976)

Judgement Date : 14 Apr 1976

Citation : 1976 Latest Caselaw 114 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Government of Gujarat issued a notification in accordance with section 4 of the Land Acquisition Act, 1894. This notification was contested by the landowners. Subsequently, the Government issued a notification under section 6 of the Land Acquisition Act after conducting an inquiry as per section...

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Mohd. Yasin Shah Vs. Ali Akbar Khan [1976]115 (14 April 1976)

Judgement Date : 14 Apr 1976

Citation : 1976 Latest Caselaw 115 SC

D. Venkata Reddy Vs. R. Sultan & Ors [1976] INSC 36 (24 February 1976)
Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)

Headnote :

Section 47(2) of the Jammu & Kashmir Representation of the People Act stipulates that the Returning Officer must review the nomination papers and address any objections raised against any nomination. The Returning Officer has the authority to reject any nomination, either based on objections or on t...

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Hiralal Thakorlal Dalal Vs. Broach Municipality & Ors [1976]116 (15 April 1976)

Judgement Date : 15 Apr 1976

Citation : 1976 Latest Caselaw 116 SC

Government of India Act, 1935

Headnote :

Section 73(i)(iv) of the Bombay Municipal Boroughs Act 1925 grants a municipal borough the authority to levy octroi on animals or goods, or both, that are brought into the octroi limits for consumption, use, or sale. The appellant imported certain shipments of goods into the municipality\'s octroi l...

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Lonankutty Vs. Thomman & ANR [1976]117 (15 April 1976)

Judgement Date : 15 Apr 1976

Citation : 1976 Latest Caselaw 117 SC

Code of Civil Procedure, 1908 (CPC)

Sheodan Singh Vs. Smt. Daryao Kunwar [1966] INSC 9 (14 January 1966)

Headnote :

Two lawsuits were initiated in the trial court: one by the respondents, who claimed a prescriptive easement over the appellant\'s property for accessing water for agricultural purposes and prawn fishing, and the other by the appellant, who sought to prevent the respondents from using his land for th...

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Punjab University, Chandigarh Vs. Vijay Singh Lamba [1976]118 (15 April 1976)

Judgement Date : 15 Apr 1976

Citation : 1976 Latest Caselaw 118 SC

Headnote :

Regulations 31 and 32.1 of the Punjab University Calendar, 1973, Volume II state the following:\"31. The Syndicate shall annually appoint a standing committee to address cases of alleged misconduct and the use of unfair means related to examinations;32.1. If the committee reaches a unanimous decisio...

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State of Orissa Vs. Arun Kumar Patnaik & ANR [1976]119 (15 April 1976)

Judgement Date : 15 Apr 1976

Citation : 1976 Latest Caselaw 119 SC

Constitution of India

Headnote :

In December 1958, the appellant was appointed as a \'temporary Assistant Engineer on a contract basis\' through direct recruitment for a duration of three years, officially starting on January 19, 1959. On March 14, 1962, the Government, after consulting the Public Service Commission and receiving i...

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Anirudh Prasad Vs. Rajeshwari Saroj Das & Ors [1976]120 (20 April 1976)

Judgement Date : 20 Apr 1976

Citation : 1976 Latest Caselaw 120 SC

Representation of the People Act, 1951

Headnote :

Nineteen individuals contested in the biennial elections for the Bihar Legislative Council to fill 11 vacancies. The appellant along with respondents No. 1 to 10 were declared successful candidates. The election utilized the proportional representation system with a single transferable vote. Votes w...

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New Delhi Municipal Committee Vs. Kalu Ram & ANR [1976]121 (20 April 1976)

Judgement Date : 20 Apr 1976

Citation : 1976 Latest Caselaw 121 SC

Headnote :

In 1950, the appellant assigned small pre-fabricated stalls to various displaced individuals, including the respondent, for a monthly license fee of thirty rupees. Subsequently, these allottees sought to have a standard rent established but ultimately lost their case in the Punjab High Court in Delh...

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Sridhar Suar & ANR Vs. Shri Jagan Nath Temple & Ors [1976]122 (21 April 1976)

Judgement Date : 21 Apr 1976

Citation : 1976 Latest Caselaw 122 SC

Section 105. TPA, Lease defined.
Transfer of Property Act, 1882

Headnote :

The appellant\'s great-grandfather received a Sanad for two rooms in the Jagannath temple from the temple Superintendent, with an annual rent of Rs. 7/-. This Sanad stipulated that the grantee could enjoy these two rooms across generations, and if a permanent structure was built, the rent would incr...

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Smt. Nagawwa Vs. Veeranna Shivallngappa Konjalgi [1976]123 (23 April 1976)

Judgement Date : 23 Apr 1976

Citation : 1976 Latest Caselaw 123 SC

CrPC Section 202. Postponement of issue of process
CrPC Section 204. Issue of processed
CrPC Section 482. Saving of inherent power of High Court

Headnote :

The appellant submitted a complaint to the Magistrate, claiming that the police intentionally failed to charge respondents 1 and 2, who allegedly aided in the murder of her son, due to their influential status.Following an inquiry, the Magistrate issued a process against respondents 1 and 2 under se...

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R. Dayananda Sagar Vs. Vatal Nagaraj [1976]124 (23 April 1976)

Judgement Date : 23 Apr 1976

Citation : 1976 Latest Caselaw 124 SC

Constitution of India

Headnote :

The petitioner submitted a review petition arguing that certain remarks in the judgment effectively labeled him as an unindicted criminal, guilty of aiding forgery and perjury, and requested that these remarks be removed.In dismissing the petitions and softening the severity of the remarks, the Cour...

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Aram Kanai Jamini Ranjan Pal Pvt. Ltd. Vs. Member Board of Revenue, West Bengal [1976]125 (23 April 1976)

Judgement Date : 23 Apr 1976

Citation : 1976 Latest Caselaw 125 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Section 20(3) of the Bengal Finance (Sales Tax) Act, 1941 states that the Commissioner may revise any assessment or order made under the Act or its associated Rules, either upon request or on his own initiative. Additionally, the Board of Revenue has the authority to revise any order issued by the C...

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Commissioner of Sales Tax, Gujarat Vs. M/S. Sabarmati Reti Udyog Sahakari Mandali Ltd. [1976]126 (26 April 1976)

Judgement Date : 26 Apr 1976

Citation : 1976 Latest Caselaw 126 SC

Bombay Sales Tax Act, 1959

C. B. Gosain Vs. State of Orissa [1963] INSC 88 (5 April 1963)

Headnote :

The respondent produced and supplied kiln-fired bricks to the appellant according to a works contract dated December 8/9, 1970. This contract stipulated that (1) land would be provided at no cost, (ii) the materials would be at the contractor\'s risk until final delivery, and (iii) the contractor co...

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Tea Estate India (P) Ltd. Vs. Commissioner of Income-Tax [1976]127 (26 April 1976)

Judgement Date : 26 Apr 1976

Citation : 1976 Latest Caselaw 127 SC

Headnote :

The assessee company owned shares in Dibru Darang Tea Co. Ltd. (D.D.T. Company) and Taikron Tea Company Ltd. (T.T. Company), both of which were engaged in the cultivation, production, and sale of tea, and possessed extensive tea estates with land, buildings, and machinery.In 1947, both companies sol...

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State of Gujarat (Commissioner of Sales Tax, Ahmedabad) Vs. M/S. Variety Body Builders [1976]128 (26 April 1976)

Judgement Date : 26 Apr 1976

Citation : 1976 Latest Caselaw 128 SC

Headnote :

The respondents entered into three formal agreements with the Railways for the construction of railway coaches based on their provided designs, utilizing under-frames supplied by the Railways. The contractor was obligated to make a security deposit to ensure the proper execution and completion of th...

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Additional District Magistrate, Jabalpur Vs. S. S. Shukla [1976]129 (28 April 1976)

Judgement Date : 28 Apr 1976

Citation : 1976 Latest Caselaw 129 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 57. Person arrested not to be detained more than twenty-four hours
Defence of India Act, 1962
General Clauses Act, 1897
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 342. Punishment for wrongful Confinement
Preventive Detention Act, 1950
Representation of the People Act, 1951

Mohd. Alam Vs. State of West Bengal [1974] INSC 34 (14 February 1974)
Khudiram Das Vs. The State of West Bengal & Ors [1974] INSC 251 (26 November 1974)
Shree Meenakshi Mills Ltd. Vs. Union of India [1973] INSC 215 (26 November 1973)
State of Orissa Vs. Dr. (Miss) Binapani Dei & Ors [1967] INSC 33 (7 February 1967)
S. G. Jaisinghani Vs. Union of India & Ors [1967] INSC 38 (22 February 1967)
The State of Orissa Vs. Sudhansu Sekhar Misra & Ors [1967] INSC 251 (7 November 1967)
Jaichand Lall Sethia Vs. State of West Bengal & Ors [1966] INSC 126 (27 July 1966)
Dr. Ram Manohar Lohia Vs. State of Bihar & Ors [1965] INSC 176 (7 September 1965)
Durgadas Shirali Vs. Union of India & Ors [1965] INSC 246 (12 November 1965)
State of Bihar Vs. Kameshwar Prasad Verma [1963] INSC 102 (17 April 1963)
State of Bihar Vs. Kameshwar Prasad Verma [1963] INSC 102 (17 April 1963)
Bidi Supply Co. Vs. The Union of India & Ors [1956] INSC 23 (20 March 1956)
Raj Krushna Bose Vs. Binod Kanungo & Ors [1954] INSC 8 (4 February 1954)
Durga Shankar Mehta Vs. Thakur Raghuraj Singh & Ors [1954] INSC 68 (19 May 1954)
Hari Vishnu Kamath Vs. Syed Ahmad Ishaque & Ors [1954] INSC 122 (9 December 1954)
Makhan Singh Vs. State of Punjab [1952] Insc 41 (2 September 1952)
The State of Bombay Vs. Atma Ram Sridhar Vaidya [1951] INSC 5 (25 January 1951)
P.D. Shamdasani Vs. Central Bank of India Ltd. [1951] INSC 63 (21 December 1951)

Headnote :

On December 23, 1971, the President of India, exercising the authority granted by Clause (1) of Article 352 of the Constitution, proclaimed that a serious emergency exists due to external aggression threatening the security of India. Consequently, the Maintenance of Internal Security Act (Act 26 of...

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Union of India Vs. Prem Kumar Jain & Ors [1976]130 (28 April 1976)

Judgement Date : 28 Apr 1976

Citation : 1976 Latest Caselaw 130 SC

All India Services Act, 1951
Constitution of India
General Clauses Act, 1897

Headnote :

A new cadre of the Indian Administrative Services was established for Delhi and Himachal Pradesh, with direct recruitment conducted outside the usual process outlined in Rule 4(1) of the I.A.S. (Recruitment) Rules, 1954. These Rules were revised to create a joint cadre for the Union Territories and...

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Commr. of Wealth Tax, Madras & Ors Vs. R. Sridharan [1976]131 (29 April 1976)

Judgement Date : 29 Apr 1976

Citation : 1976 Latest Caselaw 131 SC

Hindu Marriage Act, 1955
Hindu Minority and Guardianship Act, 1956
Hindu Succession Act, 1956
Indian Succession Act, 1925
Special Marriage Act, 1954

Headnote :

The late R. Sridharan entered into marriage with Rosa Maria Steinbichler, a Christian of Austrian descent, under the Special Marriage Act of 1954. They had a son, Nicolas Sundaram, from this union. During income tax, wealth tax, and expenditure tax assessments, Sridharan sought to be classified as a...

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Siemens Engineering & Manufacturing Co. of India Limited Vs. Union of India & ANR [1976]132 (30 April 1976)

Judgement Date : 30 Apr 1976

Citation : 1976 Latest Caselaw 132 SC

Headnote :

According to item 72(3) of the First Schedule of the Indian Customs Tariff, component parts of machinery, as defined in item numbers 72, 72(1), and 72(2), are subject to customs duty unless specified otherwise. Item 73(21) includes \"electric motors of all kinds and their parts.\" Based on a license...

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S.Narayan Iyer Vs. Union of India & ANR [1976]133 (30 April 1976)

Judgement Date : 30 Apr 1976

Citation : 1976 Latest Caselaw 133 SC

Headnote :

The appellant contested the reasonableness of the increased telephone rental and call charges imposed by the Indian Telegraph Amendment Rules of 1966 under Article 226. The grounds for the challenge were: (1) The telephone service is a public utility, and the charges should only be fees that reflect...

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