Caselaw | Supreme Court Judgements of september 1976

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Juthika Bhattacharya Vs. State of Madhya Pradesh & Ors [1976] INSC 206 (1 September 1976)

Judgement Date : 01 Sep 1976

Citation : 1976 Latest Caselaw 206 SC

Headnote :

Paragraph 3(b) of a memorandum dated December 21, 1967, issued by the State Government states that to be eligible for the position of Principal of a Higher Secondary School, an individual \"should\" have a post-graduate degree along with the required experience. An amendment made by a memorandum on...

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State of U.P. Vs. Ram Chandra Trivedi [1976] INSC 207 (1 September 1976)

Judgement Date : 01 Sep 1976

Citation : 1976 Latest Caselaw 207 SC

Constitution of India

State of Bihar & Ors Vs. Shiva Bhikshuk Mishra [1970] INSC 192 (14 September 1970)
Madan Gopal Vs. State of Punjab [1962] INSC 239 (27 August 1962)

Headnote :

The respondent was appointed as a temporary clerk in a government engineering division. An incident occurred where another clerk attempted to impersonate him during a departmental examination, which was discovered. The Executive Engineer sought explanations from both clerks and reported the situatio...

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Union of India Vs. D.M. Revri & Co [1976] INSC 208 (2 September 1976)

Judgement Date : 02 Sep 1976

Citation : 1976 Latest Caselaw 208 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The partnership firm that responded entered into a contract with the appellant for the supply of sugar from East Germany.Clause (17) of the contract included a provision for arbitration, stipulating that the arbitrator would be appointed by the Secretary of the Ministry of Food & Agriculture. In the...

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Commissioner of Income Tax, Kanpur Vs. M/S. J.K. Commercial Corporation Ltd. [1976] INSC 209 (3 September 1976)

Judgement Date : 03 Sep 1976

Citation : 1976 Latest Caselaw 209 SC

Headnote :

Section 23A of the Income Tax Act, 1922, grants the Income Tax Officer the authority to impose super-tax on companies for their undistributed income in specific situations.In the current matter, following the issuance of assessment orders, the Income Tax Officer invoked section 23A of the Income Tax...

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M. Narayana Rao Vs. G. Venkata Reddy & Ors [1976] INSC 210 (3 September 1976)

Judgement Date : 03 Sep 1976

Citation : 1976 Latest Caselaw 210 SC

Headnote :

In the Andhra Pradesh Legislative Assembly election, out of six candidates, four withdrew, leaving only Reddy and Rao to compete. Rao won by a narrow margin of a few hundred votes. Reddy contested Rao\'s election by filing a petition in the High Court, citing various allegations of corrupt practices...

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Triveni Prasad Ramkaran Verma Vs. The State of Maharashtra [1976] INSC 211 (7 September 1976)

Judgement Date : 07 Sep 1976

Citation : 1976 Latest Caselaw 211 SC

Customs Act, 1962

Headnote :

The appellant was discovered in possession of smuggled gold with foreign markings, hidden on his person. He was convicted by the Presidency Magistrate under Section 135(b) in conjunction with Section 135(ii) of the Customs Act, 1962, as well as Rule 126H (2)(d) in conjunction with Rule 126 P(2)(iv)...

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Thakur Virendra Singh Vs. Vimal Kumar [1976] INSC 212 (8 September 1976)

Judgement Date : 08 Sep 1976

Citation : 1976 Latest Caselaw 212 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior
Representation of the People Act, 1950

Headnote :

The respondent, who lost in the general election for the State Assembly, challenged the appellant\'s election, alleging that the appellant engaged in corrupt practices as defined by section 100(1)(b) of the Representation of the People Act, 1950. The accusation was based on the appellant\'s distribu...

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Paradip Port Trust, Paradip Vs. Their Workmen [1976] INSC 213 (9 September 1976)

Judgement Date : 09 Sep 1976

Citation : 1976 Latest Caselaw 213 SC

Advocates Act, 1961
Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947
Major Port Trusts Act, 1963

Headnote :

The appellant is a significant port. An industrial dispute was initiated by the respondent workers concerning the termination of one of the employees. This dispute was referred to the Industrial Tribunal under section 10(1)(d) of the Industrial Disputes Act, 1947. The appellant requested to be repre...

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Mohd-Ashfaq Vs. State Transport Tribunal U.P. & Ors [1976] INSC 214 (10 September 1976)

Judgement Date : 10 Sep 1976

Citation : 1976 Latest Caselaw 214 SC

Limitation Act, 1963
Motor Vehicles Act, 1939

Headnote :

According to the proviso of section 58(2) of the Motor Vehicles Act, 1939, an application for the renewal of an existing permit must be submitted at least 120 days prior to the permit\'s expiration. The process for this application is identical to that outlined in section 57 for obtaining a new perm...

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Dalmia Cement Limited Vs. Commissioner of Income Tax, New Delhi [1976] INSC 215 (10 September 1976)

Judgement Date : 10 Sep 1976

Citation : 1976 Latest Caselaw 215 SC

Headnote :

In 1946, the appellant placed an order for cement manufacturing machinery from a company in Denmark for its factory in Dandot. However, before the machinery arrived, the country was partitioned, and Dandot became part of Pakistan. Rather than canceling the order, the appellant chose to import the ma...

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Special Land Acquisition Officer City Improvementtrust Boar Vs. P. Govindan [1976] INSC 216 (10 September 1976)

Judgement Date : 10 Sep 1976

Citation : 1976 Latest Caselaw 216 SC

Headnote :

Section 23(1) of the Land Acquisition Act initially stated that the relevant date for determining market value for compensation purposes was the date of the notification under Section 6. However, in 1927, Section 23(1) was amended to designate the date of the Section 4(1) notification as the applica...

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Nangthombam Ibomcha Singh Vs. Leisanghem Chandramani Singh & Ors [1976] INSC 217 (13 September 1976)

Judgement Date : 13 Sep 1976

Citation : 1976 Latest Caselaw 217 SC

Representation of the People Act, 1951

Headnote :

Respondent No. 1 was declared the winner of the Manipur Legislative Assembly election. The appellant, a competing candidate, filed an Election Petition on two grounds: (1) Respondent No. 1 was ineligible due to holding an office of profit as the Assembly Speaker, and (2) Respondent No. 1 exceeded th...

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Seth Beni Chand Vs. Smt. Kamla Kunwar & Ors [1976] INSC 218 (14 September 1976)

Judgement Date : 14 Sep 1976

Citation : 1976 Latest Caselaw 218 SC

Headnote :

A few days prior to her passing, Jaggo Bai created a will in which she left her Stridhana property to her son Beni Chand\'s second wife, Kamla Kunwar, and her children, as well as to the descendants of his first wife. Beni Chand and his third wife, along with their children, were not included in the...

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State of Andhra Pradesh Vs. Rayavarapu Punnayya & ANR [1976] INSC 219 (15 September 1976)

Judgement Date : 15 Sep 1976

Citation : 1976 Latest Caselaw 219 SC

Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 325. Punishment for voluntarily causing grievous hurt
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

In the context of the Penal Code, \'culpable homicide\' serves as a broader category, with \'murder\' being a specific type within it. While all instances of \'murder\' qualify as \'culpable homicide\', the reverse is not true. Generally speaking, \'culpable homicide\' without the specific traits th...

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Prem Ballab & ANR Vs. The State (Delhi Administration) [1976] INSC 220 (15 September 1976)

Judgement Date : 15 Sep 1976

Citation : 1976 Latest Caselaw 220 SC

CrPC Section 360. Order to release on probation of good conduct or after admonition
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954
Probation of Offenders Act, 1958

Headnote :

The second appellant owned a grocery store, while the first appellant worked as a salesman there. Food Inspector Bhanot collected a sample of mustard oil from the first appellant, following the required procedures outlined by the Act. The Public Analyst determined that the sample was misbranded, as...

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Hindustan Steel Ltd. Vs. The Presiding Officer, Labour Court, Orissa & Ors [1976] INSC 221 (15 September 1976)

Judgement Date : 15 Sep 1976

Citation : 1976 Latest Caselaw 221 SC

Headnote :

The respondents served as Head Time Keepers for three years. Following an alleged policy aimed at streamlining the organization and achieving cost savings, the appellant decided not to renew the contracts of the Head Time Keepers. There was no formal termination of their employment. The appellant ar...

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State of Uttar Pradesh Vs. Lalai Singh Yadav [1976] INSC 222 (16 September 1976)

Judgement Date : 16 Sep 1976

Citation : 1976 Latest Caselaw 222 SC

Indian Penal Code, 1860 (IPC)
IPC Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs

Headnote :

The appellant Government issued an order under Section 99-A of the Cr. P.C. to confiscate a book titled \'Ramayan: A True Reading\' in English and its Hindi translation by Periyar EVR from Tamil Nadu, claiming that the book aimed to offend the religious sentiments of a particular group of Indian cit...

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Harshad Singh @ Baba Pahalvan Singh Thakura Vs. State of Gujarat [1976] INSC 223 (17 September 1976)

Judgement Date : 17 Sep 1976

Citation : 1976 Latest Caselaw 223 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Four individuals were prosecuted in the Sessions Court for crimes punishable under section 302 in conjunction with section 34 of the Indian Penal Code and section 135 of the Bombay Police Act. The Sessions Court acquitted two of the accused, while one was acquitted by the High Court due to reasonabl...

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Controller of Estate Duty, Kerala Vs. M/S. R.V. Vishwanathan & Ors [1976] INSC 224 (21 September 1976)

Judgement Date : 21 Sep 1976

Citation : 1976 Latest Caselaw 224 SC

Headnote :

The deceased intended to transform his sole proprietorship into a partnership with his four eldest sons, so he transferred Rs. 45,000 from his personal account to each of them. Five days later, the partnership agreement was signed, recognizing these amounts as their capital contributions. The follow...

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P.K. Badiani Vs. The Commissioner of Income Tax, Bombay [1976] INSC 225 (21 September 1976)

Judgement Date : 21 Sep 1976

Citation : 1976 Latest Caselaw 225 SC

Headnote :

According to section 2(6A)(e) of the Income Tax Act, 1922, a dividend encompasses any payment made by a company, which is not one where the public has a significant interest as defined in section 23A, in the form of an advance to a shareholder, limited to the amount of accumulated profits the compan...

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Khazan Singh & Ors Vs. Hukam Singh & Ors [1976] INSC 226 (21 September 1976)

Judgement Date : 21 Sep 1976

Citation : 1976 Latest Caselaw 226 SC

Constitution of India

Headnote :

The appellants objected to the consolidation authorities, asserting joint tenancy with the respondents concerning khatas 150, 369, and 391. This objection was dismissed, except for khata 150, for which the respondents appealed the decision.The appellants then filed cross appeals regarding khatas 369...

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English Electric Company of India Ltd. Vs. The Deputy Commercial Tax Officer & Ors [1976] INSC 227 (21 September 1976)

Judgement Date : 21 Sep 1976

Citation : 1976 Latest Caselaw 227 SC

Headnote :

The appellant company, which has its registered office in Calcutta and branches in Bombay, Delhi, and Lucknow, operates a principal factory-cum-branch in Madras. All these locations are registered as dealers under both the Central Sales Tax Act and the local Sales Tax Acts. For the assessment year 1...

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Puzhakkal Kuttappu Vs. C. Bhargavi & Ors [1976] INSC 228 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 228 SC

Headnote :

In 1894, a registered document known as the \"otti deed\" transferred the otti right to a parcel of land from the janmi to the predecessors of both the appellant and the respondents for a duration of 72 years in exchange for a specified consideration. This document detailed various debts related to...

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Mohammad Aslam Vs. State of Uttar Pradesh [1976] INSC 229 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 229 SC

Headnote :

The appellant, who worked as a cashier in a rural block development office in Shahjahanpur district, was found guilty of misappropriating public funds. Both courts agreed that he had taken the amount he claimed to have disbursed as salary to the Panchayat-Secretary.The appellant argued that the accu...

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Commissioner of Sales Tax, U.P. Vs. Madan Lal Dan & Sons, Bareilly [1976] INSC 230 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 230 SC

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

State of Uttar Pradesh Vs. Maharaj Narain & Ors [1968] INSC 16 (30 January 1968)

Headnote :

The Assistant Commissioner (Judicial) Sales Tax in Bareilly resolved the appeal filed by the respondents against a decision made by the Sales Tax Officer. Although a copy of the order was initially provided to the respondent, he misplaced it. Subsequently, he acquired another copy and submitted a re...

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P.C. Patel & Ors Vs. Smt. T.H. Pathak & Ors [1976] INSC 231 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 231 SC

Headnote :

The respondents numbered 1 to 10, who were the Writ Petitioners in the High Court, were appointed as clerks on a temporary basis between June 1963 and January 1967, and were subsequently promoted to higher positions. They argued that at the time of their appointment, there was no rule or order manda...

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Jangbir Vs. Mahavir Prasad Gupta [1976] INSC 232 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 232 SC

Delhi Municipal Corporation Act, 1957
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

Mauza Chowkri Mubarakabad was incorporated into the jurisdiction of the Delhi Municipal Corporation Act, 1957 through a notification issued on January 7, 1960. Subsequently, another notification dated April 12, 1962, extended the provisions of the Delhi Rent Control Act, 1958 to the areas listed in...

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Sree Gajanana Motor Transport Co. Ltd. Vs. The State of Karnataka & Ors [1976] INSC 233 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 233 SC

Motor Vehicles Act, 1939

Headnote :

The State Government issued a notification under section 43(1) of the Motor Vehicles Act, 1939, instructing the State Transport Authority to enforce uniform freight rates on operators of stage-carriages, excluding State Transport undertakings, that transport mail or postal items. Subsequently, the S...

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Sarjoo Prasad Singh Vs. The State of Bihar & Ors [1976] INSC 234 (22 September 1976)

Judgement Date : 22 Sep 1976

Citation : 1976 Latest Caselaw 234 SC

Motor Vehicles Act, 1939

Headnote :

Fifteen routes, including the Ranchi-Daltonganj route via Kuru, were nationalized by a scheme implemented by the respondent State, as announced in a gazette notification dated September 13, 1972. This scheme specifically addressed the area and the route connecting Ranchi and Daltonganj, which includ...

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Modi Spinning & Weaving Mills Co. Ltd. & ANR Vs. Ladha Ram & Co [1976] INSC 235 (23 September 1976)

Judgement Date : 23 Sep 1976

Citation : 1976 Latest Caselaw 235 SC

Headnote :

In a lawsuit for a decree of Rs. 1,30,000 initiated by the respondent/plaintiff in May 1971, the appellants/defendants submitted their written statement acknowledging that, based on an agreement dated April 7, 1967, the plaintiff served as their Stockist-cum-Distributor. After three years, the defen...

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Indian Aluminium Cables Ltd. & ANR Vs. Excise And Taxation Officer & ANR [1976] INSC 236 (23 September 1976)

Judgement Date : 23 Sep 1976

Citation : 1976 Latest Caselaw 236 SC

Business Profits Tax Act, 1947
Central Sales Tax Act, 1956
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

The appellant is an inter-State dealer who submitted timely returns for all eight quarters of the fiscal years 1969-70 and 1970-71. However, the Assessing Authority rejected the returns for the four quarters of 1969-70 and issued notices under section 11(2) of the Punjab General Sales Tax Act, 1948,...

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Priya Laxmi Mills Ltd. Vs. Mazdoor Mahajan Mandal, Baroda [1976] INSC 237 (23 September 1976)

Judgement Date : 23 Sep 1976

Citation : 1976 Latest Caselaw 237 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Industrial Disputes Act, 1947

Headnote :

According to section 98(1)(a) of the Bombay Industrial Relations Act, 1946, a lock-out is deemed illegal if it is initiated or maintained in relation to any industrial matter listed in Schedule III, Item 6(ii). This item refers to \"employment, including unemployment of individuals previously employ...

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Government of Andhra Pradesh & Ors Vs. Sri D. Janardhana Rao & ANR [1976] INSC 238 (23 September 1976)

Judgement Date : 23 Sep 1976

Citation : 1976 Latest Caselaw 238 SC

Sardari Lal Vs. Union of India & Ors [1971] INSC 21 (21 January 1971)

Headnote :

The petitioner submitted a Writ Petition to the High Court challenging the inclusion of 63 individuals, named as respondents 4 to 66 in the petition, in the list of Deputy Tahsildars eligible for promotion to the position of Tahsildars. These 63 individuals were employed as Upper Division Clerks in...

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Ramji Prasad Singh Vs. Ram Bilas Jha & Ors [1976] INSC 239 (24 September 1976)

Judgement Date : 24 Sep 1976

Citation : 1976 Latest Caselaw 239 SC

Representation of the People Act, 1950

Kabul Singh Vs. Kundan Singh & Ors [1969] INSC 177 (13 August 1969)
Baidyanath Panjiar Vs. Sitaram Mahto & Ors [1969] INSC 178 (13 August 1969)

Headnote :

In March 1972, the Election Commission issued a notification for the Muzaffarpur Local Authorities Constituency to elect one member to the Bihar Legislative Council. Among the constituencies was the Dumra notified area committee. The deadline for submitting nominations was April 5, 1972, with the el...

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New Delhi Municipal Committee Vs. M.N. Sol & ANR [1976] INSC 240 (24 September 1976)

Judgement Date : 24 Sep 1976

Citation : 1976 Latest Caselaw 240 SC

Delhi and Ajmer Rent Control Act, 1952
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

According to clause 5 of the New Delhi House Rent Control Order, 1939, the standard rent for the respondent\'s residence in New Delhi was established in 1941 at Rs. 170 per month for an annual tenancy, and there has been no subsequent determination of fair rent or standard rent. In 1966, an assessme...

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