Caselaw | Supreme Court Judgements of august 1976

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Narendrakumar J. Modi Vs. Commissioner of Income Tax, Gujarat Ii, Ahmedabad [1976] INSC 165 (4 August 1976)

Judgement Date : 04 Aug 1976

Citation : 1976 Latest Caselaw 165 SC

Constitution of India

Headnote :

Bapalal Purshottamdas Modi served as the karta and head of a Hindu Undivided Family (HUF) that owned numerous immovable properties and engaged in various businesses, including money lending. He had five sons: Vadilal, Ramanlal, Jayantilal, Gulabchand, and Kantilal. Ramanlal and Jayantilal passed awa...

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Hasmukhalal Dahayabhai & Ors Vs. State of Gujarat [1976] INSC 166 (4 August 1976)

Judgement Date : 04 Aug 1976

Citation : 1976 Latest Caselaw 166 SC

Constitution of India

Pritam Singh Vs. The State [1950] INSC 11 (5 May 1950)

Headnote :

The appellants contested the constitutional validity of the Gujarat Agricultural Land Ceiling Act of 1961 by submitting writ petitions to the High Court of Gujarat. The Preamble of the Act indicates that it was established to ensure the distribution of agricultural land in a manner that best serves...

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Arun Kshetrapal Vs. Registrar, High Court, Jabalpur & ANR [1976] INSC 167 (4 August 1976)

Judgement Date : 04 Aug 1976

Citation : 1976 Latest Caselaw 167 SC

CrPC Section 268. Power of State Government to exclude certain persons from operation of section 267

Headnote :

Following a telegraphic communication dated August 5, 1975, from the Advocate General of Madhya Pradesh, which conveyed the directives of the Jabalpur Bench of the High Court of Madhya Pradesh dated August 1, 1975, regarding the production of a detainee held under section 3(1)(a) of the MISA 1971 in...

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State of Andhra Pradesh Vs. S.N. Nizamuddin All Khan [1976] INSC 168 (5 August 1976)

Judgement Date : 05 Aug 1976

Citation : 1976 Latest Caselaw 168 SC

Constitution of India

Headnote :

The respondent, Munsiff Magistrate, was found guilty following an inquiry conducted by a High Court Judge concerning serious allegations against him. The Chief Justice of the High Court also reviewed the evidence independently and, upon confirming the findings of the Inquiry Officer, recommended his...

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Bindesi-Iwari Prasad Singh Vs. Kali Singh [1976] INSC 169 (5 August 1976)

Judgement Date : 05 Aug 1976

Citation : 1976 Latest Caselaw 169 SC

CrPC Section 202. Postponement of issue of process
CrPC Section 203. Dismissal of complaint
Indian Penal Code, 1860 (IPC)
IPC Section 95. Act causing slight harm

Headnote :

The respondent\'s complaint against the appellant concerning a minor issue was passed around various magistrates for investigation and reporting over a span of three years, but ultimately yielded no definitive outcome and was dismissed under section 203 of the Cr.P.C. Following this, the respondent...

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Damodar Valley Corporation Vs. State of Bihar & Ors [1976] INSC 170 (5 August 1976)

Judgement Date : 05 Aug 1976

Citation : 1976 Latest Caselaw 170 SC

Bihar Electricity Duty Act, 1948
Bihar Electricity Duty Act, 1948
Bihar Electricity Duty Act, 1948
Constitution of India
Damodar Valley Corporation Act, 1948

Headnote :

The proviso (v) to section 3(1) of the Bihar Electricity Duty Act, 1948 stated that no duty would be applicable on energy units consumed by, or sold for consumption in, any mine or industrial enterprise, except as specified in the Second Schedule. In 1963, section 3 of the Act was revised, and a new...

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State of Bihar & ANR Vs. Khas Karanpura Collieries Ltd. [1976] INSC 171 (6 August 1976)

Judgement Date : 06 Aug 1976

Citation : 1976 Latest Caselaw 171 SC

Bihar Land Reforms Act, 1950
Constitution of India
Government of India Act, 1935

Bihar Mines Ltd. Vs. Union of India [1966] INSC 195 (3 October 1966)

Headnote :

Before October 25, 1949, owners of large estates often granted mining leases either without any royalty payments or at very minimal rates. Typically, the lessees would also issue sub-leases under similar conditions. The Mines and Mine (Regulation and Development) Act of 1948 prohibited the granting...

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Commissioner of Wealth-Tax, Andhra Pradesh Vs. Officer-In-Charge (Court of Wards) Paigah [1976] INSC 172 (6 August 1976)

Judgement Date : 06 Aug 1976

Citation : 1976 Latest Caselaw 172 SC

Wealth Tax Act, 1957

Headnote :

The taxpayer owned over 100 acres of land within municipal boundaries, surrounded by a compound wall. This land was next to a tank, contained two wells, was suitable for agricultural use, and was classified as agricultural land for land revenue purposes, although it had not been utilized for any non...

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Adoni Cotton Mills Vs. The Andhra Pradesh State Electricity Board &Others [1976] INSC 173 (6 August 1976)

Judgement Date : 06 Aug 1976

Citation : 1976 Latest Caselaw 173 SC

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

Headnote :

Section 22B of the Electricity Act, 1910, empowers the State Government to issue orders for regulating the supply, distribution, consumption, or use of electricity if it deems it necessary or expedient to maintain supply and ensure fair distribution of energy.Section 18 of the Electricity Supply Act...

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Performing Right Society Ltd. & ANR Vs. Commissioner of Income-Tax & Ors [1976] INSC 174 (10 August 1976)

Judgement Date : 10 Aug 1976

Citation : 1976 Latest Caselaw 174 SC

Income Tax Act, 1961

Headnote :

The appellant Society, which is an organization of composers, authors, and publishers of copyright musical works, was established under the English Companies Act of 1908 and 1913, with its registered office located in London. It is responsible for collecting royalties from licenses that permit the p...

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Land Acquisition Officer, City Improvement trust Board Vs. H. Narayanaiah [1976] INSC 175 (16 August 1976)

Judgement Date : 16 Aug 1976

Citation : 1976 Latest Caselaw 175 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The City of Bangalore Improvement Act, 1945, focuses on enhancing and expanding the city, and establishes a Board of Trustees with specific powers to achieve these goals. As part of this improvement and expansion, the Act also includes provisions for land acquisition. Section 16 mandates the publica...

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Santa Singh Vs. State of Punjab [1976] INSC 176 (17 August 1976)

Judgement Date : 17 Aug 1976

Citation : 1976 Latest Caselaw 176 SC

CrPC Section 235. Judgment of acquittal or conviction
CrPC Section 465. Finding or sentence when reversible by reason of error, omission or irregularity
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellant was found guilty by the Sessions Court under section 302 of the IPC and received a death sentence. On the day the judgment was delivered, his lawyer was absent. The trial court failed to provide the accused with an opportunity to be heard regarding the sentence, as mandated by section...

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S. Ramaswamy Vs. Union of India & Ors [1976] INSC 177 (17 August 1976)

Judgement Date : 17 Aug 1976

Citation : 1976 Latest Caselaw 177 SC

Headnote :

Two positions became available for the role of Industrial Advisers in the Directorate General of Technical Development, prompting several Development Officers, including respondents Nos. 6 to 11, to apply. These respondents subsequently filed a writ petition challenging the promotion of the appellan...

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Income-Tax Officer, Lucknow Vs. M/S. S.B. Singhar Singh & Sons & ANR [1976] INSC 178 (17 August 1976)

Judgement Date : 17 Aug 1976

Citation : 1976 Latest Caselaw 178 SC

Constitution of India

Headnote :

As the assessee failed to maintain complete and regular accounts for the Excess Profits tax, the Excess Profits Tax Officer assessed the tax based on the accounts from certain previous years that the assessee selected as his \"standard period.\" He noted that due to this situation, it was impossible...

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Commissioner of Income-Tax, West Bengal-1, Calcutta Vs. Simon Carves Limited [1976] INSC 179 (17 August 1976)

Judgement Date : 17 Aug 1976

Citation : 1976 Latest Caselaw 179 SC

Income-tax Rules, 1962

Headnote :

Section 42 of the Income-tax Act, 1922, outlines the assessment of income, profits, and gains that are considered to accrue or arise within the taxable territories for individuals who are not residents there. Rule 33 of the 1922 Rules is established for calculating the profits and gains of businesse...

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Commissioner of Income-Tax, Lucknow Vs. Madho Pd. Jatia [1976] INSC 180 (17 August 1976)

Judgement Date : 17 Aug 1976

Citation : 1976 Latest Caselaw 180 SC

Headnote :

In evaluating the income of the taxpayer under the category of \'property\', the Income Tax Authorities permitted a deduction for one year on a portion of a significant amount of unrealized rent, but denied the request for exclusion of the remaining amount in the following three assessment years. Th...

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Custodian of Evacuee Property Vs. Smt. Rabia Bai [1976] INSC 181 (19 August 1976)

Judgement Date : 19 Aug 1976

Citation : 1976 Latest Caselaw 181 SC

Headnote :

Section 40(1) of the Administration of Evacuee Property Act, 1950 states that any transfer of property owned by an evacuee, which may later be classified as evacuee property, is ineffective unless it has been approved by the Custodian. Sub-section (4)(a) indicates that if an application for confirma...

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Andhra Pradesh State Road Transport Corp. Vs. P. Venkateswara Rao [1976] INSC 182 (19 August 1976)

Judgement Date : 19 Aug 1976

Citation : 1976 Latest Caselaw 182 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Industrial Disputes Act, 1947

Headnote :

In the case of APSRTC v. Rammohan Rao (Civil Revision Petition No. 1598/1968, dated April 25, 1969), the High Court of Andhra Pradesh ruled that: (i) wages as defined under section 2(iv)(d) of the Payment of Wages Act included gratuity, and (ii) Rule 8.01 of the Hyderabad Government Railway Establis...

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Ram Partap Sharma & Ors Vs. Daya Nand & Ors [1976] INSC 183 (19 August 1976)

Judgement Date : 19 Aug 1976

Citation : 1976 Latest Caselaw 183 SC

Contempt of Courts Act, 1971

Headnote :

The appellants sent a letter to the President of India, with copies to several others, including the Chief Justice of the Punjab and Haryana High Court, in which they criticized the conduct of a High Court Judge. This Judge, during a visit to the Sessions Division of Bhivani, publicly opposed the Go...

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Dalbir Kaur & Ors Vs. State of Punjab [1976] INSC 184 (20 August 1976)

Judgement Date : 20 Aug 1976

Citation : 1976 Latest Caselaw 184 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

State of Punjab Vs. Jagir Singh & Ors [1973] INSC 131 (6 August 1973)
Kaur Sain Vs. The State of Punjab [1973] INSC 213 (23 November 1973)
Piara Singh Vs. State of Punjab [1969] INSC 3 (8 January 1969)

Headnote :

The late Ajaib Singh had two sons, Dalbir Singh and Amir Singh. Dalbir Singh, along with his wife Mrs. Dalbir Kaur, her brother Ajit Singh, and her cousin Puran Singh, were accused of murdering Ajaib Singh and Amir Singh. A partition had occurred among Ajaib Singh, Dalbir Singh, and Amir Singh.Follo...

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State of Kerala & Ors Vs. Philomina & Ors [1976] INSC 185 (20 August 1976)

Judgement Date : 20 Aug 1976

Citation : 1976 Latest Caselaw 185 SC

Pritam Singh Chahil Vs. State of Punjab & Ors [1967] INSC 26 (1 February 1967)

Headnote :

Section 84 of the Kerala Land Reforms Act, 1963 states that any voluntary land transfers made after the announcement of the Kerala Land Reforms Bill on September 15, 1963, are considered null and void. Clause (ii) of this section, which previously allowed exemptions for transfers made out of \"natur...

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Corporation of The City of Bangalore Vs. B.T. Kampanna [1976] INSC 186 (20 August 1976)

Judgement Date : 20 Aug 1976

Citation : 1976 Latest Caselaw 186 SC

Karnataka Land Reforms Act, 1961

Headnote :

The respondent leased the contested land from the appellant Corporation for a period of 5 years, but continued to occupy it without authorization after the lease expired. His lawsuit seeking a permanent injunction against any interference with his possession was dismissed, and his subsequent appeal...

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Kumari K.S. Jayasree & ANR Vs. The State of Kerala & ANR [1976] INSC 187 (20 August 1976)

Judgement Date : 20 Aug 1976

Citation : 1976 Latest Caselaw 187 SC

Constitution of India

Headnote :

A Commission established by the State Government to investigate the social and educational conditions of the population in the State and to recommend which groups should be classified as socially and educationally backward found that the existing reservation system in educational institutions, which...

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Shantilal Thakordas & Ors Vs. Chimanlal Maganlal Telwala [1976] INSC 188 (23 August 1976)

Judgement Date : 23 Aug 1976

Citation : 1976 Latest Caselaw 188 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

Thakordas, the father of three appellants, owned the property in question. He was a partner in a firm that included three other partners, one of whom was appellant No. 1, Thakordas\'s son, while the other two were external partners. An eviction suit was initiated against the respondent on the basis...

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State of Orissa Vs. Chandrika Mohapatra & Ors [1976] INSC 189 (23 August 1976)

Judgement Date : 23 Aug 1976

Citation : 1976 Latest Caselaw 189 SC

Indian Penal Code, 1860 (IPC)
IPC Section 138. Abetment of act of insubordination by soldier, sailor or airman

Headnote :

When the Court considers granting consent for the prosecution to withdraw under section 494 of the Cr. P.C. 1973, it should keep in mind several principles. These include the inability of the prosecution to present adequate evidence to support the charges, the lack of a solid case, or other circumst...

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Padma Uppal Vs. State of Punjab & Ors [1976] INSC 190 (23 August 1976)

Judgement Date : 23 Aug 1976

Citation : 1976 Latest Caselaw 190 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Dollar Company, Madras Vs. Collector of Madras [1975] INSC 116 (1 May 1975)

Headnote :

The State Government acquired a large tract of land that was a mix of urban and rural areas. The Collector designated part of this land as potential building area and the remainder as agricultural land, setting a slightly higher compensation rate for the former and a lower rate for the latter. The S...

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State of Karnataka & ANR Vs. M. Farida & Ors [1976] INSC 191 (23 August 1976)

Judgement Date : 23 Aug 1976

Citation : 1976 Latest Caselaw 191 SC

Headnote :

Rule 9 of the Karnataka Recruitment of Gazetted Probationers (Class I and II Posts appointment by Competitive Examinations) Rules, 1966, mandates a written examination for candidate selection, followed by a personality test. The attributes to be evaluated during the viva voce, as outlined in Part IV...

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Y.B. Patil & Ors Vs. Y.L. Patil [1976] INSC 192 (23 August 1976)

Judgement Date : 23 Aug 1976

Citation : 1976 Latest Caselaw 192 SC

Constitution of India

Headnote :

The respondent sought to reclaim possession of a piece of land, arguing that the appellants, who were outsiders, had taken over the property. The Assistant Commissioner agreed with the respondent\'s claim and ordered that possession of the disputed land be returned to them. The Deputy Commissioner d...

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Tata Engineering & Locomotive Company Ltd. Vs. Gram Panchayat Pimpri Waghere [1976] INSC 193 (23 August 1976)

Judgement Date : 23 Aug 1976

Citation : 1976 Latest Caselaw 193 SC

Headnote :

The respondent is a village Panchayat established under the Bombay Village Panchayat Act of 1933. Initially, the Act allowed the Panchayat to impose taxes on houses and lands as specified in section 89(2). In 1939, this section was amended, making it mandatory for Panchayats to levy taxes on houses...

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D.H. Maniar & Ors Vs. Waman Laxman Kudav [1976] INSC 194 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 194 SC

Code of Civil Procedure, 1908 (CPC)
Indian Easements Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

Headnote :

The appellants issued a license for certain shop premises in Bombay to the respondent under a Leave and Licence Agreement, which expired on March 31, 1966. Following this, the appellants sent a notice to the respondent requesting him to vacate the premises, but the respondent refused to comply. In J...

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Sriram Pasricha Vs. Jagannath & Ors [1976] INSC 195 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 195 SC

Headnote :

The plaintiff respondent is a co-owner of the property that was leased to the appellant tenant. The plaintiff initiated eviction proceedings under section 13(1)(f) of the West Bengal Premises Tenancy Act of 1956, citing non-payment of rent and the landlord\'s reasonable need for the premises as grou...

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Reserve Bank of India Vs. N. C. Paliwal & Ors [1976] INSC 196 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 196 SC

Constitution of India

Anand Parkash Saksena Vs. Union of India & Ors [1967] INSC 302 (14 December 1967)

Headnote :

At each branch of the Reserve Bank of India, there were five departments: the General Department and four Specialized Departments. Each department at every branch maintained its own seniority list for employees, and promotions and confirmations were limited to vacancies within the respective departm...

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Amritlal Nathubhai Shah & Ors Vs. Union Government of India & ANR [1976] INSC 197 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 197 SC

Headnote :

The State Government rejected the appellants\' applications for mining leases on the basis that the areas they sought to exploit had been designated for public sector exploitation. The Central Government upheld this decision, stating that since the minerals are owned by the State Government, it has...

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Sone Valley Portland Cement Co. Ltd. Vs. The General, Mining Syndicate Pvt. Ltd. [1976] INSC 198 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 198 SC

Bihar Land Reforms Act, 1950
Government of India Act, 1935
Income Tax Act, 1961

Bihar Mines Ltd. Vs. Union of India [1966] INSC 195 (3 October 1966)

Headnote :

The owner of extensive land leased parcels to lessees at a predetermined rate of royalty and rent. The lessees then sub-leased the land to the appellant, who agreed to pay the lessees the same royalty and rent that they owed to the owner. Additionally, they consented to pay an extra royalty to the h...

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Oil and Natural Gas Commission Vs. State of Bihar & Ors [1976] INSC 199 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 199 SC

Central Sales Tax Act, 1956

Headnote :

According to the Oil and Natural Gas Commission Act of 1959, the Oil and Natural Gas Commission is responsible for planning, promoting, organizing, and executing programs aimed at developing petroleum resources and managing the production and sale of petroleum products. Additionally, it carries out...

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Controller of Estate Duty, Kerala Vs. V. Venugopala Varma Rajah [1976] INSC 200 (24 August 1976)

Judgement Date : 24 Aug 1976

Citation : 1976 Latest Caselaw 200 SC

Headnote :

According to section 5 of the Estate Duty Act of 1953, all property, including agricultural land located in the States listed in the First Schedule of the Act, is subject to estate duty upon the owner\'s death. The State of Madras was included in the First Schedule starting from June 6, 1955.The tax...

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Shankar Gopinath Apte Vs. Gangabai Hariharrao Patwardhan [1976] INSC 201 (25 August 1976)

Judgement Date : 25 Aug 1976

Citation : 1976 Latest Caselaw 201 SC

Section 53A. TPA Part performance.

Headnote :

Practice and Procedure--The High Court\'s obligation to provide reasons even in cases of summary dismissal.The respondent granted a power of attorney to the appellant, which clearly indicated that it was valid for one year and intended to allow the appellant to manage the respondent\'s lands.Subsequ...

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Baldev Raj Guliani & Ors Vs. The Punjab & Haryana High Court & Ors [1976] INSC 202 (30 August 1976)

Judgement Date : 30 Aug 1976

Citation : 1976 Latest Caselaw 202 SC

Constitution of India

The State of West Bengal Vs. Nripendra Nath Bagchi [1965] INSC 181 (10 September 1965)

Headnote :

The appellant was part of the Subordinate Judicial Service of the State. Following certain allegations, the High Court conducted a preliminary inquiry, leading to the State Government suspending him from his position. After a final inquiry, the High Court recommended his removal from service. Howeve...

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State of Kerala Vs. General Manager, Southern Railway, Madras [1976] INSC 203 (30 August 1976)

Judgement Date : 30 Aug 1976

Citation : 1976 Latest Caselaw 203 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Contract Act, 1872
Section 161. Bailee’s responsibility when goods are not duly returned

Headnote :

The appellant arranged for rice to be transported by train from Bareilly railway station to Trivandrum railway station. Upon delivery, the rice was discovered to be damaged and in insufficient quantity. The appellant sought damages from the respondent, who contested the claim on the basis that the l...

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Ikram Khan Vs. State Transport Tribunal & Ors [1976] INSC 204 (31 August 1976)

Judgement Date : 31 Aug 1976

Citation : 1976 Latest Caselaw 204 SC

Motor Vehicles Act, 1939

Headnote :

The appellant and respondent No. 3 and 4 applied for non-temporary stage carriage permits. The Regional Transport Authority approved the permits for the appellant and respondent No. 4, while denying the application of respondent No. 3. In response, respondent No. 3 appealed to the State Transport Ap...

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Rabindra Kumar Dey Vs. State of Orissa [1976] INSC 205 (31 August 1976)

Judgement Date : 31 Aug 1976

Citation : 1976 Latest Caselaw 205 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, who served as the Additional District Magistrate overseeing the Nizarat and Land Acquisition departments of the Collectorate, faced charges of criminal misconduct under section 5(2) in conjunction with sections 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947. The accusat...

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