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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

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...
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...
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

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...
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

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

Judgement Date : 20 Oct 1976

Citation : 1976 Latest Caselaw 255 SC

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

Judgement Date : 25 Oct 1976

Citation : 1976 Latest Caselaw 258 SC

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,...
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

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...
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

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...
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

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,...
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

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...
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

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...
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...
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...
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...
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

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

Judgement Date : 28 Oct 1976

Citation : 1976 Latest Caselaw 268 SC

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...
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

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...
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

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...
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

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...
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

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...
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

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...
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

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

Judgement Date : 02 Nov 1976

Citation : 1976 Latest Caselaw 277 SC

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...
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

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...
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

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,...
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

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

Judgement Date : 05 Nov 1976

Citation : 1976 Latest Caselaw 282 SC

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

Judgement Date : 05 Nov 1976

Citation : 1976 Latest Caselaw 283 SC

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...
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...
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

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...
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

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...
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

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...
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...
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

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

Judgement Date : 18 Nov 1976

Citation : 1976 Latest Caselaw 290 SC

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...
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

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

Judgement Date : 19 Nov 1976

Citation : 1976 Latest Caselaw 292 SC

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...
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

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

Judgement Date : 23 Nov 1976

Citation : 1976 Latest Caselaw 297 SC

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...
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

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

Judgement Date : 25 Nov 1976

Citation : 1976 Latest Caselaw 300 SC

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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