Caselaw | Supreme Court Judgements of october 1976

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Khushiram Behari Lal & Co. Vs. Assessing Authority, Sangrur & ANR [1976] INSC 241 (8 October 1976)

Judgement Date : 08 Oct 1976

Citation : 1976 Latest Caselaw 241 SC

Headnote :

In response to a notification from the assessing authority under the Punjab General Sales Tax Act indicating that the appellant had not submitted a return for the assessment year 1959-60, the appellant asserted that the firm had stopped operations since February 1961 and that a formal document confi...

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Narayan Govind Gavate Vs. State of Maharashtra [1976] INSC 242 (11 October 1976)

Judgement Date : 11 Oct 1976

Citation : 1976 Latest Caselaw 242 SC

Indian Evidence Act, 1872
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The State Government aimed to acquire certain lands in accordance with the Land Acquisition Act, 1894, citing the public purpose of developing and utilizing these lands for residential and industrial use. Identical notifications under section 4 were issued for all cases. For one group of lands, decl...

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Travancore Tea Estates Co. Ltd. Vs. State of Kerala [1976] INSC 243 (11 October 1976)

Judgement Date : 11 Oct 1976

Citation : 1976 Latest Caselaw 243 SC

Central Sales Tax (Registration and Turnover) Rules, 1957
Central Sales Tax Act, 1956
Income-tax Rules, 1962

Headnote :

Section 8 of the Central Sales Tax Act, 1956 addresses the tax rates applicable to sales conducted during inter-State trade or commerce. According to Section 8(1)(b), any dealer who sells goods to a registered dealer in the course of inter-State trade or commerce, as described in sub-section (3), is...

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S.K. Chandan Vs. Union of India & Ors [1976] INSC 244 (12 October 1976)

Judgement Date : 12 Oct 1976

Citation : 1976 Latest Caselaw 244 SC

Headnote :

Chapter 11 of the Indian Railway Establishment Manual addresses the \"Rules governing the provision of subordinate staff,\" with Section A specifically focusing on \"promotion to class II posts.\" The Railway Board, exercising its authority under paragraph 157 of the Indian Railway Establishment Cod...

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C.Muniyappa Naidu Vs. State of Karnataka & Ors [1976] INSC 245 (13 October 1976)

Judgement Date : 13 Oct 1976

Citation : 1976 Latest Caselaw 245 SC

Headnote :

The City of Bangalore Municipal Corporation Services (General) Cadre and Recruitment Regulations, 1971, established under the City of Bangalore Municipal Corporation Act of 1949, became effective on March 3, 1971. Prior to this date, it was the Corporation\'s practice to have half of the Senior Heal...

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Nawn Estates (P) Ltd. Vs. C.I.T., West Bengal [1976] INSC 246 (14 October 1976)

Judgement Date : 14 Oct 1976

Citation : 1976 Latest Caselaw 246 SC

Income Tax Act, 1961

Headnote :

The appellant is a Private Limited Company established under the Indian Companies Act of 1913, with its shares owned by members of the Nawn family. The primary objective of the appellant Company was to acquire land and buildings and lease them out for appropriate compensation. At the relevant time,...

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State of Punjab & Ors Vs. Labhu Ram & Ors [1976] INSC 247 (15 October 1976)

Judgement Date : 15 Oct 1976

Citation : 1976 Latest Caselaw 247 SC

Headnote :

The respondents, who were teachers in the junior vernacular cadre of Punjab, received temporary promotions to the senior vernacular cadre. However, after their probationary period ended, they were not confirmed in their positions but continued to work in the senior cadre, while their names were remo...

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Union of India Vs. Dr. R.D. Nanjiah & Ors [1976] INSC 248 (15 October 1976)

Judgement Date : 15 Oct 1976

Citation : 1976 Latest Caselaw 248 SC

Constitution of India
States Reorganisation Act, 1956

Headnote :

(1) When a provisional inter-State seniority list is created for the integration of services following the reorganization of states, there is a chance that errors may occur regarding the facts of a case or in the application of the relevant laws, rules, or executive orders that govern seniority. The...

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Lakhanlal Vs. The State of Orissa & Ors [1976] INSC 249 (15 October 1976)

Judgement Date : 15 Oct 1976

Citation : 1976 Latest Caselaw 249 SC

Bihar and Orissa Excise Act, 1915
Board's Excise Rules, 1965
Orissa Excise (Exclusive Privilege) Rules, 1970
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914

Headnote :

Section 22(1) of the Bihar & Orissa Excise Act, 1915, states that the States may grant any individual the exclusive right to manufacture or sell country liquor at retail, under conditions and for durations deemed appropriate. The proviso requires a public notice to be issued regarding the intention...

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State of Uttar Pradesh Vs. M/S. Kores (India) Ltd. [1976] INSC 250 (18 October 1976)

Judgement Date : 18 Oct 1976

Citation : 1976 Latest Caselaw 250 SC

Headnote :

The Governor of Uttar Pradesh issued a Notification under Section 3-A of the U.P. Sales Tax Act, 1948, which led the Sales Tax Officer (Section IV) in Kanpur to require the respondent company to pay a tax of 6% on the turnover of carbon paper and 10% on ribbon, as specified in entry 2 of the Notific...

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Union of India Vs. State of Mysore [1976] INSC 251 (19 October 1976)

Judgement Date : 19 Oct 1976

Citation : 1976 Latest Caselaw 251 SC

Central Excises and Salt Act, 1944
Constitution of India

Headnote :

The State of Mysore operates an implements factory. The first schedule of the Central Excises and Salt Act, 1944 was amended to include item No. 26AA through the Finance Act of 1962. At the time this amendment took effect, the respondent had certain iron rods and bars in stock. Subsequently, these r...

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Commissioner For Hindu Religious & Charitable Endowments, My Vs. Ratnavarma Heggade [1976] INSC 252 (20 October 1976)

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 252 SC

Headnote :

Section 9(12) of the Madras Hindu Religious Endowments Act, 1926, defines a \'temple\' as any place, regardless of its name, that is utilized for public worship and is dedicated to, or benefits, or is used as a right by the Hindu community, or any part of it, for religious worship. Section 9(11) sta...

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Rustamji Nasarvanji Danger Vs. Joram Kunverji Ganatra & Ors [1976] INSC 253 (20 October 1976)

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 253 SC

Gujarat Municipalities Act, 1963

Headnote :

According to section 38(1)(b)(i) of the Gujarat Municipalities Act, 1963, if a councilor engages in any matter during their elected or nominated term in which they have a direct or indirect interest, they will be disqualified from serving as a councilor, and their position will become vacant, subjec...

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South Gujarat Roofing Tiles Manufacturersassociation And An Vs. State of Gujarat & ANR [1976] INSC 254 (20 October 1976)

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 254 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Government, through a Notification under the Minimum Wages Act of 1948, established minimum wage rates for the potteries industry based on a committee\'s findings. Subsequently, legal action was initiated against the second appellant, a partnership firm that produces Mangalore type roofing tiles...

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Patel Jethabhai Chatur Vs. State of Gujarat [1976] INSC 255 (20 October 1976)

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 255 SC

Bombay Prohibition Act, 1949
Constitution of India
CrPC Section 378. Appeal in case of acquittal

Headnote :

Section 66(1)(b) of the Bombay Prohibition Act 1949 holds individuals accountable for the offense of \"consuming, using, possessing, or transporting any intoxicant or hemp.\" Section 66(2)(b) establishes a legal threshold of 0.05% alcohol in the venous blood of the accused. In summary case Nos. 798...

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Loon Karan Sethia Vs. Ivan E. John & Ors [1976] INSC 256 (20 October 1976)

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 256 SC

Headnote :

Messrs. John & Co. faced financial troubles and subsequently entered into a financial agreement with Sethia & Co., a partnership involving the plaintiff and Seth Sugan Chand. On July 6, 1948, Messrs. John & Co. secured additional financial support from Sethia & Co. Additionally, Messrs. Tejkaran Sid...

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Vijayawada Municipal Council Vs. Andhra Pradesh State Electricity Board & ANR [1976] INSC 257 (20 October 1976)

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 257 SC

Headnote :

Section 4 of the Andhra Pradesh (Andhra Area Electricity Supply Undertaking (Acquisition) Act, 1954, authorized the Government to declare that an electricity undertaking belonging to the licensee Municipal Council would transfer to the Government on a designated date. Section 5 outlines the compensa...

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Jaswant Kaur Vs. Amrit Kaur & Ors [1976] INSC 258 (25 October 1976)

Judgement Date : 25 Oct 1976

Citation : 1976 Latest Caselaw 258 SC

Hindu Succession Act, 1956
Indian Succession Act, 1925

Headnote :

S. Gobinder Singh Sibia owned a substantial estate valued at approximately Rs. 15 lacs at the time of his death in 1954. He had two wives, Gulab Kaur and Dalip Kaur, with Dalip Kaur having passed away before him, leaving behind a son and a grandson named Surjit. Following S. Gobinder Singh\'s death,...

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Mc Dowell & Company Ltd. Vs. Commercial Tax Officer, Vii Circle, Hyderabad [1976] INSC 259 (25 October 1976)

Judgement Date : 25 Oct 1976

Citation : 1976 Latest Caselaw 259 SC

Andhra Pradesh Excise Act, 1968

Headnote :

Section 2(1)(s) of the Andhra Pradesh General Sales Tax Act defines \"turnover\" as the total amount specified in the bill of sale as the consideration for the sale or purchase of goods, which includes any amounts charged by the dealer for services related to the goods sold at the time of or prior t...

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Commissioner, Lucknow Division & Ors Vs. Kumari Prem Lata Misra [1976] INSC 260 (26 October 1976)

Judgement Date : 26 Oct 1976

Citation : 1976 Latest Caselaw 260 SC

Intermediate Education Act, 1921

Headnote :

The respondent, who served as an assistant teacher in the basic section of Colvin Taluqdar\'s College in Lucknow, was suspended and subsequently dismissed by the college\'s managing committee. She filed a writ petition in the High Court to contest her dismissal, arguing that it breached the regulati...

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Thiru Manickam And Co. Vs. The State of Tamil Nadu [1976] INSC 261 (26 October 1976)

Judgement Date : 26 Oct 1976

Citation : 1976 Latest Caselaw 261 SC

Central Sales Tax Act, 1956
Tamil Nadu General Sales Tax Act, 1959

Headnote :

Section 15(a) of the Central Sales Tax Act, 1956, as it was at the relevant time, stipulated that tax on any sale or purchase of declared goods within the State should not be imposed at more than one stage. Clause (b) indicated that if these goods were later sold in the course of inter-state trade,...

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Wilfred D'souza Vs. Francis Menino Jesus Ferrao [1976] INSC 262 (26 October 1976)

Judgement Date : 26 Oct 1976

Citation : 1976 Latest Caselaw 262 SC

Representation of the People Act, 1951

Headnote :

Rule 42 of the Conduct of Election Rules, 1961, stipulates that a tendered ballot paper is issued when an individual claims to be a specific elector after another person has already voted in that capacity. The presiding officer will then verify the identity of the individual applying for the ballot...

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Timber Kashmir Pvt. Ltd. Vs. Conservator of Forests, Jammu & Ors [1976] INSC 263 (26 October 1976)

Judgement Date : 26 Oct 1976

Citation : 1976 Latest Caselaw 263 SC

Constitution of India
Delegation of Powers
Delegation of Powers

Headnote :

The single judge of the Jammu & Kashmir High Court dismissed all three applications submitted by the respondent state for a reference to an arbitrator under section 20 of the Jammu & Kashmir Arbitration Act, 2002. The dismissal was based on the reasoning that the arbitration clause was part of an ag...

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Union of India Vs. Moksh Builders And Financers Ltd. & Ors [1976] INSC 264 (27 October 1976)

Judgement Date : 27 Oct 1976

Citation : 1976 Latest Caselaw 264 SC

Headnote :

The appellant (plaintiff) initiated a lawsuit on behalf of itself and other creditors against the respondents (three defendants), seeking a declaration that: (1) the sale deed of the disputed house executed by the second defendant in favor of the first defendant was invalid concerning the plaintiff...

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State of Kerala & Ors Vs. K.A. Gangadharan [1976] INSC 265 (27 October 1976)

Judgement Date : 27 Oct 1976

Citation : 1976 Latest Caselaw 265 SC

Headnote :

The respondent owned 28.4 acres of land and subsequently submitted a return under Section 85(a) of the Kerala Land Reforms Act, 1964. In this return, he listed his family as consisting of himself, his wife, and their three children. According to Section 84 of the Act, all voluntary transfers made af...

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Bindumati Bai Vs. Narbada Prasad [1976] INSC 266 (28 October 1976)

Judgement Date : 28 Oct 1976

Citation : 1976 Latest Caselaw 266 SC

Headnote :

Lakshmi Dayal passed away in 1952, leaving behind two widows: the appellant and Shantibai. In 1954, Chandanbai, the widow of Lakshmi Dayal\'s brother, initiated a lawsuit against the appellant and Shantibai regarding the properties inherited from Lakshmi Dayal. While the lawsuit was ongoing, the app...

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Geep Flashlight Industries Ltd. Vs. Union of India & Ors [1976] INSC 267 (28 October 1976)

Judgement Date : 28 Oct 1976

Citation : 1976 Latest Caselaw 267 SC

Customs Act, 1962

Headnote :

The appellant was successful before the revisional authority and received an order for the refund of duty that had been imposed and collected on a shipment of ten metric tonnes of Manganese dioxide. Since no action was taken following this, the appellant issued a notice on October 3, 1974, under sec...

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Union of India Vs. Sita Ram Jaiswal [1976] INSC 268 (28 October 1976)

Judgement Date : 28 Oct 1976

Citation : 1976 Latest Caselaw 268 SC

Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

In a case concerning the recovery of the price for \"Mac Intyre Sleeves\" supplied to the appellant, which were claimed to have been wrongfully rejected after a significant period, the respondent/plaintiff aimed to hold the appellant/defendant liable for compensation based on the provisions of Secti...

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Municipal Corporation, Indore & Ors Vs. Smt. Ratna Prabha & Ors [1976] INSC 269 (29 October 1976)

Judgement Date : 29 Oct 1976

Citation : 1976 Latest Caselaw 269 SC

Andhra Pradesh Buildings (Lease, Rent And Eviction) Control Act, 1960
Punjab Municipal Act, 1911

Corporation of Calcutta Vs. Life Insurance Corporation of India [1970] INSC 89 (9 April 1970)
Guntur Municipal Council Vs. Guntur Town Rate Payers' Association [1970] INSC 197 (18 September 1970)

Headnote :

The respondents are the proprietors of a building known as Viram Lodge, which they operate as a hotel. In 1956, the annual gross rental value of the building was assessed at Rs. 6,600, but this was increased to Rs. 43,405 by the Assessment Officer in 1965. According to Section 138(b) of the Madhya P...

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State of Maharashtra Vs. The Central Provinces Manganese Ore Co. Ltd. [1976] INSC 270 (29 October 1976)

Judgement Date : 29 Oct 1976

Citation : 1976 Latest Caselaw 270 SC

Constitution of India
Sale of Goods Act, 1930

Headnote :

Section 2(g) of the Central Provinces and Berar Sales Tax Act, 1947 defines the term \'sale\'. Explanation II to this subsection states that, regardless of any conflicting provisions in the Indian Sale of Goods Act, 1930, the sale of goods that are physically present in the State at the time the con...

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Kerala State Electricity Board, Trivandrum Vs. T.P.K.K. Amsom And Besom, Kerala [1976] INSC 271 (29 October 1976)

Judgement Date : 29 Oct 1976

Citation : 1976 Latest Caselaw 271 SC

Code of Civil Procedure, 1908 (CPC)
Indian Telegraph Act, 1885
Limitation Act, 1963

Headnote :

The appellant removed several trees from the respondent\'s property to install electric lines and calculated the compensation for this action. Subsequently, the respondent submitted a petition under section 16(5) of the Indian Telegraph Act, 1885, seeking increased compensation. The appellant contes...

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State of Maharashtra & ANR Vs. Shri Chander Kant [1976] INSC 272 (29 October 1976)

Judgement Date : 29 Oct 1976

Citation : 1976 Latest Caselaw 272 SC

Code of Civil Procedure, 1908 (CPC)
Madhya Pradesh Public Trusts Act, 1951

Sawai Singhai Nirmal Chand Vs. Union of India [1965] INSC 194 (24 September 1965)

Headnote :

The petitioner initiated this lawsuit against the decision made by the Registrar of Public Trust, Amraoti, which recognized the Ganjanan Maharaj Sansthan of Mangrul-Dastagir as a public trust.The Additional District Judge\'s ruling to dismiss the lawsuit was upheld on appeal by a Single Judge of the...

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