Caselaw | Supreme Court Judgements of november 1976

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Mechelec Engineers And Manufacturers Vs. M/S. Basic Equipment Corporation [1976] INSC 273 (1 November 1976)

Judgement Date : 01 Nov 1976

Citation : 1976 Latest Caselaw 273 SC

Santosh Kumar Vs. Bhai Mool Singh [1958] INSC 4 (5 February 1958)

Headnote :

The appellant issued a cheque to the respondent, which was subsequently dishonoured. The respondent claimed that the cheque represented payment for goods provided. While the appellant acknowledged issuing the cheque, they denied any contractual relationship with the respondent. The respondent initia...

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N.K. Chauhan & Ors Vs. State of Gujarat & Ors [1976] INSC 274 (1 November 1976)

Judgement Date : 01 Nov 1976

Citation : 1976 Latest Caselaw 274 SC

Constitution of India

Bishan Sarup Gupta Vs. Union of India & Ors [1974] INSC 96 (16 April 1974)
Bishan Sarup Gupta Vs. Union of India & Ors [1972] INSC 171 (16 August 1972)

Headnote :

The appellants in this case are promotee Deputy Collectors from the State of Gujarat, while the contesting respondents are direct recruits to the Deputy Collector cadre. Seven Deputy Collectors, who were directly recruited after 1963, asserted their seniority over the appellants, who were promoted t...

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K. Eapen Chacko Vs. The Provident Investment Company (P) Ltd. [1976] INSC 275 (1 November 1976)

Judgement Date : 01 Nov 1976

Citation : 1976 Latest Caselaw 275 SC

Headnote :

The proviso to section 3(1)(vii) of the Kerala Land Reforms Act, 1964, states that the rights of individuals entitled to fixity of tenure immediately before January 21, 1961, under any existing law shall not be affected by clauses (i) to (vii) of section 3(1). The law in effect prior to that date wa...

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Mayenghoan Rahamohan Singh Vs. The Chief Commissioner (Admn.) Manipur & Ors [1976] INSC 276 (1 November 1976)

Judgement Date : 01 Nov 1976

Citation : 1976 Latest Caselaw 276 SC

Headnote :

The appellant, a Sub-ordinate Judge, was forcibly retired under Government of India Decision No. 23, which was associated with Fundamental Rule No. 56, although this rule was later replaced by FR 56(j). A writ petition challenging the compulsory retirement order as a violation of Article 311 was rej...

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Birbal Singh Vs. Kedar Nath Sharma [1976] INSC 277 (2 November 1976)

Judgement Date : 02 Nov 1976

Citation : 1976 Latest Caselaw 277 SC

Delhi Municipal Corporation Act, 1957
Representation of the People Act, 1951

Headnote :

In the Rajasthan Legislative Assembly elections that took place in March 1972, the respondent won against the appellant by a margin exceeding 22,000 votes. Subsequently, the appellant filed an election petition in the Rajasthan High Court contesting the respondent\'s election, claiming that the resp...

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Maharaj Singh Vs. State of Uttar Pradesh & Ors [1976] INSC 278 (2 November 1976)

Judgement Date : 02 Nov 1976

Citation : 1976 Latest Caselaw 278 SC

Bihar Electricity Duty Act, 1948
Bihar Electricity Duty Act, 1948
Bihar Electricity Duty Act, 1948
Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Central Sales Tax Act, 1956
Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 248. Acquittal or conviction
CrPC Section 378. Appeal in case of acquittal
Delegation of Powers
Delegation of Powers
U.P. Zamindari Abolition and Land Reforms Act, 1950

G. Sarana Vs. University of Lucknow & Ors [1976] INSC 160 (28 July 1976)
Damodar Valley Corporation Vs. State of Bihar & Ors [1976] INSC 170 (5 August 1976)
S. Ramaswamy Vs. Union of India & Ors [1976] INSC 177 (17 August 1976)
State of Uttar Pradesh Vs. Lalai Singh Yadav [1976] INSC 222 (16 September 1976)
Union of India Vs. State of Mysore [1976] INSC 251 (19 October 1976)
Patel Jethabhai Chatur Vs. State of Gujarat [1976] INSC 255 (20 October 1976)
Union of India Vs. Sita Ram Jaiswal [1976] INSC 268 (28 October 1976)

Headnote :

According to Section 4 of the U.P. Zamindari Abolition & Land Reforms Act, 1950, the rights, titles, and interests of all intermediaries in every estate, including markets, bazaars, and fairs, were terminated and fully transferred to the State.Section 9 states that all wells, trees in residential ar...

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V. Guruviah Naidu And Sons Vs. State of Tamil Nadu & ANR [1976] INSC 279 (2 November 1976)

Judgement Date : 02 Nov 1976

Citation : 1976 Latest Caselaw 279 SC

Central Sales Tax Act, 1956

Headnote :

Raw and dressed hides and skins are classified as declared goods under the Central Sales Tax Act, 1956. According to Section 4 of the Madras General Sales Tax Act, 1959, dealers are required to pay tax on the sale or purchase of declared goods within the State at the rate and at the point specified...

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Herbertsons Limited Vs. Workmen of Herbertsons Limited & Ors [1976] INSC 280 (3 November 1976)

Judgement Date : 03 Nov 1976

Citation : 1976 Latest Caselaw 280 SC

Industrial Disputes Act, 1947

Headnote :

In response to specific demands from the workers of the appellant company, an Industrial Tribunal issued its award.While the appellant\'s Special Leave Petition was pending before this Court, the parties submitted consent terms to stay the award. During this time, the 3rd respondent, a Trade Union,...

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Smt. Kasturi Devi Vs. Deputy Director of Consolidation & Ors [1976] INSC 281 (4 November 1976)

Judgement Date : 04 Nov 1976

Citation : 1976 Latest Caselaw 281 SC

Hindu Succession Act, 1956

Headnote :

Upon the passing of Karuna, there were two competing claims for his estate. One claim was made by the appellant, who asserted her right as Karuna\'s widowed mother, while the other was put forth by her brother-in-law, who argued that the appellant\'s remarriage disqualified her from inheriting as Ka...

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Balchand Jain Vs. State of Madhya Pradesh [1976] INSC 282 (5 November 1976)

Judgement Date : 05 Nov 1976

Citation : 1976 Latest Caselaw 282 SC

CrPC Section 438. Direction for grant of bail to person apprehending arrest

Headnote :

Section 438 of the Code of Criminal Procedure, 1973 states that if an individual believes they may be arrested for a non-bailable offense, they can petition the High Court or the Court of Session for a directive under this section. Rule 184 of the Rules established under the Defence and Internal Sec...

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Union of India Vs. Majji Jangamayya [1976] INSC 283 (5 November 1976)

Judgement Date : 05 Nov 1976

Citation : 1976 Latest Caselaw 283 SC

Constitution of India
Government of India Act, 1935

Headnote :

In 1950, the Government of India established a rule for promoting Income Tax Officers to the position of Assistant Commissioner, which was later published as Rule 18 in Volume II of the Office Manual in 1955. This rule stipulated that promotions would be based solely on merit and that candidates sho...

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Commissioner of Income Tax, Madras Vs. M/S. P.S.S. Investments (P) Ltd. [1976] INSC 284 (9 November 1976)

Judgement Date : 09 Nov 1976

Citation : 1976 Latest Caselaw 284 SC

Headnote :

The Income Tax Officer considered the respondent\'s total dividend income for the year ending December 30, 1957, when calculating the super-tax owed for the assessment year 1958-59. In an appeal regarding this calculation, the respondent argued before the Appellate Assistant Commissioner that the di...

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State of West Bengal Vs. Sudhir Chandra Ghose & Ors [1976] INSC 285 (9 November 1976)

Judgement Date : 09 Nov 1976

Citation : 1976 Latest Caselaw 285 SC

West Bengal Estates Acquisition Act, 1953

Headnote :

A specific estate in a village was acquired under the West Bengal Estates Acquisition Act, 1953. According to Section 3 of this Act, its provisions will prevail over any conflicting laws, contracts, instruments, or customs. Section 4 empowers the State Government to issue a notification declaring th...

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Parashuram Pottery Works Co. Ltd. Vs. Income Tax Officer, Circle-1, Ward 'A', Rajkot,Gujarat [1976] INSC 286 (16 November 1976)

Judgement Date : 16 Nov 1976

Citation : 1976 Latest Caselaw 286 SC

Constitution of India
Income Tax Act, 1961

Headnote :

The appellant, a Public Limited Company, submitted its Income Tax Return for the assessment years 1957-58 and 1959-60 in accordance with the Income Tax Act of 1922. The Income Tax Officer issued assessment orders on April 16, 1959, and March 30, 1961, for the respective years, allowing certain depre...

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Sindhi Sahiti Multipurpose Transport Co-Opera-Tive Soctet Vs. State of Madhya Pradesh & Ors [1976] INSC 287 (16 November 1976)

Judgement Date : 16 Nov 1976

Citation : 1976 Latest Caselaw 287 SC

Jabalpur
Motor Vehicles Act, 1939

Headnote :

The Madhya Pradesh Government proposed to implement Scheme No. 9-M concerning the nationalization of road transport.After considering the objections raised by the appellant under section 68D of the Motor Vehicles Act, 1939, the scheme was approved and published in the State Gazette. The appellant su...

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Commissioner of Income-Tax, Madras Vs. R.M. Chidambaram Pillai [1976] INSC 288 (17 November 1976)

Judgement Date : 17 Nov 1976

Citation : 1976 Latest Caselaw 288 SC

Headnote :

Rule 24 of the Income Tax Rules, 1922 specifies that income from the sale of tea that is grown and processed by the seller should be treated as business income, with 40% of that income considered taxable income, profits, and gains.The respondents were partners in firms that owned tea estates, where...

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Kisan Trimbak Kothula & Ors Vs. State of Maharashtra [1976] INSC 289 (17 November 1976)

Judgement Date : 17 Nov 1976

Citation : 1976 Latest Caselaw 289 SC

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

Headnote :

Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, states that if any individual, either personally or through another, stores or sells any food item that is adulterated or misbranded, they shall face penalties in addition to those under section 6, including imprisonment for a min...

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Beant Singh Vs. Union of India & Ors [1976] INSC 290 (18 November 1976)

Judgement Date : 18 Nov 1976

Citation : 1976 Latest Caselaw 290 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The property in question was auctioned twice by the Managing Officer in Amritsar. The Rehabilitation authorities annulled the bid of the first auction winner, Smt. Rup Kaur, on the grounds that she did not pay the sale price despite receiving a registered notice. In the second auction, the appellant...

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Khadya Peya Vikarete Malak Sangh Vs. The Chief Officer, Sangli Municipal Council & ANR [1976] INSC 291 (19 November 1976)

Judgement Date : 19 Nov 1976

Citation : 1976 Latest Caselaw 291 SC

Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

Rule 2(d) of the Maharashtra Prevention of Food Adulteration Rules, 1962, defines a manufacturer as an individual involved in producing any food item for trade purposes. Clause (e) describes a \"retail dealer\" as someone who sells food articles but is not a wholesale dealer, while clause (g) define...

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Jai Singh Vs. Union of India & Ors [1976] INSC 292 (19 November 1976)

Judgement Date : 19 Nov 1976

Citation : 1976 Latest Caselaw 292 SC

Constitution of India

Headnote :

The appellant had rented land from the Government of Rajasthan for the purpose of mining gypsum. A disagreement emerged between the parties concerning the royalty rate that the appellant was required to pay. The appellant\'s revision petition challenging the lessor\'s decision to impose a higher rat...

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Sales Tax Officer, Sector I Kanpur & ANR Vs. M/S. Dwarika Prasad Sheo Karan Dass [1976] INSC 293 (19 November 1976)

Judgement Date : 19 Nov 1976

Citation : 1976 Latest Caselaw 293 SC

Constitution of India

Headnote :

The respondent company was subjected to sales tax under the Uttar Pradesh Sales Tax Act of 1948 for the assessment year 1958-59. Following an appeal by the respondent, the tax amount was decreased. Subsequently, the respondent made several payments towards the tax owed over time. However, the Revenu...

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Ramesh Chandra Misra Vs. Mahendra Tripathi & Ors [1976] INSC 294 (19 November 1976)

Judgement Date : 19 Nov 1976

Citation : 1976 Latest Caselaw 294 SC

Headnote :

In September 1973, the appellant submitted an application under section 16(1)(a) of the U.P. Urban Buildings (Regulation of letting, rent and eviction) Act, 1972, seeking the allotment of a portion of a house that he was occupying. The appellant claimed that he was recognized as a tenant by someone...

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Prem Chand Vs. District Judge, Dehradun & ANR [1976] INSC 295 (23 November 1976)

Judgement Date : 23 Nov 1976

Citation : 1976 Latest Caselaw 295 SC

Headnote :

The appellant was a tenant residing in two rooms of a residential property owned by respondent No. 2. He utilized one room for living and the other as a tailoring shop. The landlady initiated eviction proceedings against him, citing personal need as the reason, but the District Magistrate dismissed...

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M. Maniklal Vs. The State of Mysore [1976] INSC 296 (23 November 1976)

Judgement Date : 23 Nov 1976

Citation : 1976 Latest Caselaw 296 SC

Headnote :

The appellant acquired the disputed land from Giliteppa and Nanjappa while the land acquisition proceedings were ongoing under the Bangalore Improvement Act of 1945. This acquisition was intended for the development of a housing colony by the Housing Board, which is tasked with executing housing ini...

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Parmeshwari Devi Vs. State & ANR [1976] INSC 297 (23 November 1976)

Judgement Date : 23 Nov 1976

Citation : 1976 Latest Caselaw 297 SC

CrPC Section 397. Calling for records to exercise powers of revision
CrPC Section 94. Search of place suspected to contain stolen property, forged documents, etc
CrPC Section 96. Application to High Court to set aside declaration of forfeiture
IPC Section 471. Using as genuine a forged document or electronic record

Mohan Lal Magan Lal Thacker Vs. State of Gujarat [1967] INSC 304 (15 December 1967)

Headnote :

Section 94(1) of the Criminal Procedure Code, 1898, which pertains to summons for the production of documents, empowers the court to issue a summons to the individual believed to possess or have control over a specific document, requiring them to appear and present it, or to submit it at the designa...

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State of Madhya Pradesh & Ors Vs. Orient Paper Mills Ltd. [1976] INSC 298 (23 November 1976)

Judgement Date : 23 Nov 1976

Citation : 1976 Latest Caselaw 298 SC

Constitution of India

Headnote :

According to section 2(g) of the Madhya Pradesh General Sales Tax Act, the term \'goods\' encompasses all types of movable property, including growing crops, trees, plants, and items that are attached to or part of the land, provided they are agreed to be severed prior to sale or under the sales con...

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Chhotan Prasad Singh & Ors Vs. Hari Dusadh & Ors [1976] INSC 299 (24 November 1976)

Judgement Date : 24 Nov 1976

Citation : 1976 Latest Caselaw 299 SC

Headnote :

Proceedings were underway under section 145(1) of the Criminal Procedure Code 1898 between the parties involved. The appellants submitted affidavits to the Magistrate; however, these affidavits were not sworn before the Magistrate handling the case but rather before a different Magistrate. The respo...

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Mannalal Khetan Vs. Kedar Nath Khetan & Ors [1976] INSC 300 (25 November 1976)

Judgement Date : 25 Nov 1976

Citation : 1976 Latest Caselaw 300 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Section 108 of the Companies Act, 1956 stipulates that a company cannot register the transfer of shares unless a proper instrument of transfer, which is duly stamped and executed by or on behalf of both the transferor and the transferee, is submitted to the company along with the share certificate.T...

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Vidya Vati Vs. Devi Das [1976] INSC 301 (25 November 1976)

Judgement Date : 25 Nov 1976

Citation : 1976 Latest Caselaw 301 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant and the respondent entered into an agreement where the appellant provided funds to the respondent, who, in return, allowed the appellant to reside in a part of his house for two years instead of paying interest. The agreement stipulated that if the respondent wanted to repay the loan a...

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Ram Rattan & Ors Vs. State of Uttar Pradesh [1976] INSC 302 (26 November 1976)

Judgement Date : 26 Nov 1976

Citation : 1976 Latest Caselaw 302 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The complainant, Ram Khelawan, had unlawfully occupied a section of a public road and cultivated paddy on it. A complaint against him was already under consideration by the Panchayat. He was peacefully in possession of the land, which the appellants were aware of, yet they armed themselves and attem...

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Narendra Bahadur Singh & ANR Vs. State of U.P. & Ors [1976] INSC 303 (26 November 1976)

Judgement Date : 26 Nov 1976

Citation : 1976 Latest Caselaw 303 SC

Constitution of India

Headnote :

The U.P. Government issued a notification under Section 7(1) of the U.P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 to acquire land owned by the appellant for the Sufferers Cooperative Housing Society.The Society entered into an agreement with the Government as per Section 6 of the Act,...

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Commissioner of Income Tax Gujarat-Ii, Ahmedabad, Vs. R.M. Amin [1976] INSC 304 (26 November 1976)

Judgement Date : 26 Nov 1976

Citation : 1976 Latest Caselaw 304 SC

Income Tax Act, 1961

Headnote :

The respondent taxpayer acquired certain shares in a private limited company incorporated in Uganda for Sh. 192,002 (equivalent to Rs. 1,28,000) prior to January 1, 1954. The company entered voluntary liquidation in 1961, and the liquidators sold the company\'s assets, resulting in the taxpayer rece...

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Varanasaya Sanskrit Vishwa vidyalaya & ANR Vs. Dr. Rajkishore Tripathi & ANR [1976] INSC 305 (26 November 1976)

Judgement Date : 26 Nov 1976

Citation : 1976 Latest Caselaw 305 SC

Headnote :

A permanent lecturer position became vacant at the appellant University. Since the Executive Committee, which typically handles appointments under section 23(1)(g) of the Varanasaya Sanskrit Vishwa Vidyalaya Adhiniyam, 1956, was not in session, the Vice Chancellor utilized his emergency powers under...

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Tara Chandkhatri Vs. Municipal Corporation of Delhi & Ors [1976] INSC 306 (26 November 1976)

Judgement Date : 26 Nov 1976

Citation : 1976 Latest Caselaw 306 SC

Delhi Municipal Corporation Act, 1957
Mineral Concession Rules, 1960

Rangnath Vs. Daulatrao & Ors [1974] INSC 278 (20 December 1974)
Mahabir Prasad Santosh Kumar Vs. State of U.P. & Ors [1970] INSC 85 (2 April 1970)
Travancore Rayon Ltd. Vs. Union of India [1969] INSC 314 (28 October 1969)

Headnote :

The appellant, a teacher employed by the Delhi Municipal Corporation, was terminated from his position by the Deputy Commissioner (Education) after adhering to the established procedures outlined in the Regulations. His subsequent appeal to the Commissioner of the Corporation was rejected, and the H...

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Gurdit Singh & Ors Vs. Munsha Singh & Ors [1976] INSC 307 (29 November 1976)

Judgement Date : 29 Nov 1976

Citation : 1976 Latest Caselaw 307 SC

Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887

Headnote :

The appellants initiated three lawsuits, the first of which was filed on December 18, 1945, seeking possession of certain lands. They claimed that K, the last owner of the lands, passed away on August 15, 1945. However, these lawsuits were dismissed on August 3, 1951, on the grounds of being prematu...

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Amrit Bhushan Gupta Vs. Union of India & Ors [1976] INSC 308 (29 November 1976)

Judgement Date : 29 Nov 1976

Citation : 1976 Latest Caselaw 308 SC

Indian Penal Code, 1860 (IPC)
IPC Section 84. Act of a person of unsound mind
Prisoners Act, 1900

Headnote :

A petition was submitted to the High Court under Article 226 of the Constitution on behalf of the appellant, who had been sentenced to death. The petition requested that the execution of the sentence be halted on the grounds that the appellant was insane. The High Court rejected the petition, statin...

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