Caselaw | Supreme Court Judgements of february 1976

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Suraj Bhan Vs. Om Prakash & ANR [1976] INSC 16 (2 February 1976)

Judgement Date : 02 Feb 1976

Citation : 1976 Latest Caselaw 16 SC

Criminal Procedure Code, 1973
CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 307. Attempt to murder

Headnote :

On April 19, 1973, the respondent \"OP\" inflicted five stab wounds on the appellant \"S\", who survived due to prompt medical intervention and immediate surgery. The trial court convicted \"OP\" under section 307 of the Indian Penal Code (I.P.C.) on February 26, 1974, sentencing him to 10 years of...

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State of Uttar Pradesh Vs. Het Ram & Ors [1976] INSC 17 (3 February 1976)

Judgement Date : 03 Feb 1976

Citation : 1976 Latest Caselaw 17 SC

Headnote :

The respondents were found guilty by the Sessions Judge of murder under section 302/34 of the Indian Penal Code (I.P.C.) for the killing of Rati Ram and were sentenced to life imprisonment. Additionally, they were convicted under section 307/34 I.P.C. for inflicting serious injuries on Raja Ram (PW...

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Hari Shanker Tripathi Vs. Shiv Harsh & Ors [1976] INSC 18 (3 February 1976)

Judgement Date : 03 Feb 1976

Citation : 1976 Latest Caselaw 18 SC

Code of Civil Procedure, 1908 (CPC)
General Clauses Act, 1897
Negotiable Instruments Act, 1881
NI Act, Section 25. When day of maturity is a holiday
Representation of the People Act, 1951

Headnote :

The respondent was declared elected to the State Legislative Council on April 30, 1974. According to section 81(1) of the Representation of the People Act, 1951, the 45-day period for filing an election petition ended on June 14, 1974, when the High Court was closed for summer vacation. Consequently...

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State of Gujarat A Vs. Haidarali Kalubhai [1976] INSC 19 (3 February 1976)

Judgement Date : 03 Feb 1976

Citation : 1976 Latest Caselaw 19 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 323. Punishment for voluntarily causing hurt

Headnote :

On August 23, 1969, the accused arrived in a tractor and parked it on the highway. Noticing the truck GTF 904, which he had previously driven, the accused used his tractor key to start it and drove off at high speed with the headlights on. At that time, the truck owner\'s conductor was also in the t...

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Balwan Singh Vs. Prakash Chand & Ors [1976] INSC 20 (4 February 1976)

Judgement Date : 04 Feb 1976

Citation : 1976 Latest Caselaw 20 SC

Code of Civil Procedure, 1908 (CPC)

Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)
Shri Umed Vs. Raj Singh & Ors [1974] INSC 162 (28 August 1974)
Ram Awadesh Singh Vs. Sumitra Devi & Ors [1971] INSC 334 (3 December 1971)

Headnote :

The High Court annulled the appellant\'s election to the State Assembly due to allegations of corrupt practices as defined under section 123(S) of the Representation of People Act.It was claimed that the appellant arranged and provided vehicles for the free transportation of voters, a charge the app...

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Chogmal Bhandari & Ors Vs. Deputy Commercial Tax Officer Ii Division Kurnool [1976] INSC 21 (4 February 1976)

Judgement Date : 04 Feb 1976

Citation : 1976 Latest Caselaw 21 SC

Section 53. TPA, Fraudulent transfer.

Headnote :

Kollayya and Narasimaiah operated a partnership business that suffered significant losses, leading to its dissolution in 1963. Following this, Kollayya\'s son Bala and Bala\'s son B.V.S. Rao continued the business as a Joint Hindu Family. B.V.S. Rao, being a minor, applied for registration through h...

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D. D. Suri Vs. A. K. Barren & Ors [1976] INSC 22 (6 February 1976)

Judgement Date : 06 Feb 1976

Citation : 1976 Latest Caselaw 22 SC

Headnote :

The appellant was a former member of the Indian Administrative Service in the Orissa cadre.At the relevant time in 1967, he held the position of Commissioner of Land Reforms in Orissa. The appellant claimed to have had disputes, differences, and animosity with respondent No. 1, the Chief Secretary t...

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State of Madras Vs. A. M. Nanjan & ANR [1976] INSC 23 (9 February 1976)

Judgement Date : 09 Feb 1976

Citation : 1976 Latest Caselaw 23 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

In relation to a parcel of land measuring 18.34 acres in Mulligoor village, Nilgiris District, which belongs to the respondents and was acquired by the appellant for a hydro-electric project at Kundah in May 1957, the land acquisition officer determined the compensation at Rs. 500 per acre, despite...

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State of Punjab & ANR Vs. Iqbal Singh [1976] INSC 24 (12 February 1976)

Judgement Date : 12 Feb 1976

Citation : 1976 Latest Caselaw 24 SC

Constitution of India

Headnote :

The State, claiming to act under rule 6.4 of the Punjab Civil Service Rules, imposed a 5 percent reduction on the pension and death-cum-retirement gratuity of the respondent, a retired government employee, citing unsatisfactory service records. The High Court upheld the respondent\'s writ petition c...

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State of Uttar Pradesh Vs. Ram Kishan & Ors [1976] INSC 25 (13 February 1976)

Judgement Date : 13 Feb 1976

Citation : 1976 Latest Caselaw 25 SC

CrPC Section 374. Appeals from convictions
CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
CrPC Section 438. Direction for grant of bail to person apprehending arrest
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Headnote :

The accused and the deceased are closely related, as illustrated in the following family tree: Ramcharan (1) Ram Khelawan (2) Balram (3) Khuddi (4) Vishwanath Shankar Kanker Channu Shivnath Jagannath (PW) SI S2 S3 S4 (PW2) (Deceased) Sheo Murat Ram Kishan Shobha Moti Lal Bhagwantia (Acd) SI (Acd) S2...

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Workmen of M/S Firestone Tyre & Rubber Co.Of India (P) Limi Vs. Firestone Tyre & Rubber Company [1976] INSC 26 (13 February 1976)

Judgement Date : 13 Feb 1976

Citation : 1976 Latest Caselaw 26 SC

Industrial Disputes Act, 1947
Payment of Bonus Act, 1965

V. P. Gindroniya Vs. State of Madhya Pradesh & Ors [1970] INSC 8 (29 January 1970)

Headnote :

The company that manufactures tyres in Bombay experienced a general strike at its factory from March 3, 1967, to May 16, 1967, and again starting October 4, 1967. As a result of the resulting shortage of tyres, the company had to lay off 17 of its 30 employees at the Delhi distribution office, as we...

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Coal Mines Provident Fund Commissioner Dhanbad & Other Vs. J. Lala & Sons [1976] INSC 27 (13 February 1976)

Judgement Date : 13 Feb 1976

Citation : 1976 Latest Caselaw 27 SC

Headnote :

The IOF section of the Coal Mines Provident Fund and Bonus Scheme Act of 1948 is a punitive provision that allows the Central Government to recover damages from an employer or individual for failing to pay Provident Fund contributions, with the damages not exceeding 25% of the overdue amount. For th...

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Commissioner of Income Tax Bihar, Patna Vs. Sahu Jain Limited [1976] INSC 28 (16 February 1976)

Judgement Date : 16 Feb 1976

Citation : 1976 Latest Caselaw 28 SC

Headnote :

Sahu Jain operated as a private limited company during the assessment years 1952-53 and 1953-54. The company\'s shareholders primarily consisted of family members of Mr. S. P. Jain, with the exception of two employees who collectively held 20 out of 50,000 shares, and three sister concern companies....

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Dhanyalakshmi Rice Mills Vs. The Commissioner of Civil Supplies & ANR [1976] INSC 29 (16 February 1976)

Judgement Date : 16 Feb 1976

Citation : 1976 Latest Caselaw 29 SC

Essential Commodities Act, 1955
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

The respondent-State Government was acting under the authority granted by the Central Government through the Essential Commodities Act of 1955. It implemented an \'Incentive Export Scheme\' that allowed millers who supplied 50% of their purchases to the Food Corporation of India for the mill levy to...

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H. H. Maharaj Rana Hemant Singhji, Dholpur Vs. Commissioner of Income-Tax, Rajasthan [1976] INSC 30 (17 February 1976)

Judgement Date : 17 Feb 1976

Citation : 1976 Latest Caselaw 30 SC

Wealth Tax Act, 1957

Headnote :

Section 2(4A) (ii), Income Tax 'Act, 1922, provides that 'personal effects, that is to say, movable property (including wearing apparel, jewellery, and Furniture) held for personal use by the assessee or any member of his family dependent on him,' shall not be included in the 'capita...

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Income Tax Officer, Shillong & ANR Vs. N. Takim Roy Rymbai [1976] INSC 31 (17 February 1976)

Judgement Date : 17 Feb 1976

Citation : 1976 Latest Caselaw 31 SC

Income Tax Act, 1961

Headnote :

Section 10(26)(a), Income-tax Act, 1961 provides that a person is entitled to exemption from income-tax if (1) he is a member of a Scheduled Tribe as defined in Art. 366(25) of the Constitution, (2) he is residing in any area specified in Part A or Part of the Table appended to paragraph 20 of the S...

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Hindu Religious Endowments & Ors Vs. B. Samitra & Ors [1976] INSC 32 (20 February 1976)

Judgement Date : 20 Feb 1976

Citation : 1976 Latest Caselaw 32 SC

Bihar Hindu Religious Trusts Act, 1950
Code of Civil Procedure, 1908 (CPC)

Headnote :

Some villages made an application before the Assistant Commissioner of Endowments, Orissa, for appointment of non- hereditary trustees under s. 27 of the, Orissa Hindu Religious Endowments Act, 1951, for Shiva temple which is more than 100 years old and possesses about 24 acres of land. A new temple...

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Ninaji Raoji Boudha & ANR Vs. State of Maharashtra [1976] INSC 33 (20 February 1976)

Judgement Date : 20 Feb 1976

Citation : 1976 Latest Caselaw 33 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Nine accused were charged with offences of murder and causing hurt. The trial Court acquitted two and convicted the others under ss. 325 and 147, I.P.C. on appeal by the State, the High Court convicted the two appellants also under s. 302 read with 8. 34. I.P.C. Partly allowing their appeal to th...

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Bajrang Lal & ANR Vs. State of Rajasthan [1976] INSC 34 (24 February 1976)

Judgement Date : 24 Feb 1976

Citation : 1976 Latest Caselaw 34 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 21. Public Servant
IPC Section 464. Making a false document
IPC Section 465. Punishment for forgery
IPC Section 471. Using as genuine a forged document or electronic record

G. A. Monterio Vs. The State of Ajmer [1956] INSC 49 (21 September 1956)

Headnote :

Two khalasis were convicted for the offence of conspiracy to secure railway passes on forged applications, and under s. 5(1)(d) and (2), Prevention of Corruption Act, 1947. It was the duty of the office of the Works Manager of the Railway to issue passes to railway employees for railway travel. The...

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Pandurang Dnyanoba Lad Vs. Dada Rama Methe & Ors [1976] INSC 35 (24 February 1976)

Judgement Date : 24 Feb 1976

Citation : 1976 Latest Caselaw 35 SC

Headnote :

The appellant owned a land which was held for the of miscellaneous inferior services and was classified as a Huzur Sanadi Inam land. The respondents were in possession of the land as tenarlts and were declared as purchasers under the Bombay Tenancy & Agricultural Lands Act, 1948. The Tenancy Act...

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D. Venkata Reddy Vs. R. Sultan & Ors [1976] INSC 36 (24 February 1976)

Judgement Date : 24 Feb 1976

Citation : 1976 Latest Caselaw 36 SC

Representation of the People Act, 1951

Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)
Bhanu Kumar Shastri Vs. Mohan Lal Sukhadia & Ors [1971] INSC 30 (22 January 1971)
Ghasi Ram Vs. Dal Singh & Ors [1968] INSC 31 (7 February 1968)

Headnote :

The respondent, who was a Muslim, was the Congress candidate for election to the State Legislative Assembly. He challenged the appellant's election and the High Court allowed the election petition on three grounds (1) that the appellant committed a corrupt practice under a 123(1), Representation...

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