Caselaw | Supreme Court Judgements of 1976

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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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Burma Oil Co. (I) Trading Ltd. Calcutta Vs. Commissioner of Wealth Tax (Central) Calcutta [1976] INSC 309 (1 December 1976)

Judgement Date : 01 Dec 1976

Citation : 1976 Latest Caselaw 309 SC

Wealth Tax Act, 1957

Headnote :

The appellant recorded a provision of Rs. 49,19,520 in his accounting books to cover his tax liabilities. He sought to deduct this amount when calculating his net wealth, arguing that it constituted a debt owed by the assessee as defined in section 2(m) of the Wealth Tax Act. However, this claim was...

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Mysore State Road Transport Corporation Vs. Mirja Khasim All Beg & ANR [1976] INSC 310 (1 December 1976)

Judgement Date : 01 Dec 1976

Citation : 1976 Latest Caselaw 310 SC

Code of Civil Procedure, 1908 (CPC)
States Reorganisation Act, 1956

Headnote :

According to section 115(7) of the States Reorganisation Act, 1956, the provisions of this section would not impact the enforcement of Chapter I of Part XIV of the Constitution regarding the service conditions of individuals involved in the affairs of the Union or any State after the appointed day,...

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State of Haryana Vs. Haryana Co-Operative Transport Ltd. & Ors [1976] INSC 311 (2 December 1976)

Judgement Date : 02 Dec 1976

Citation : 1976 Latest Caselaw 311 SC

Constitution of India

Headnote :

The first respondent, a Co-operative Transport Society, terminated the employment of respondents 3 and 4. The State of Punjab referred the dispute regarding their dismissal to the Labour Court under section 10 of the Industrial Disputes Act of 1947, which was presided over by Mr. Das. Following Mr....

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Bashir Ahmed Magrey Vs. Ghulam Quadir Mir & Ors [1976] INSC 312 (2 December 1976)

Judgement Date : 02 Dec 1976

Citation : 1976 Latest Caselaw 312 SC

Headnote :

Section 100(1)(d)(iii) of the Jammu & Kashmir Representation of the People Act, 1957 states that if the High Court believes that the election result concerning a declared candidate has been significantly influenced by the improper acceptance, rejection, or refusal of any vote, or by the acceptance o...

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Gyan Chand Vs. K.B. Lal & Ors [1976] INSC 313 (6 December 1976)

Judgement Date : 06 Dec 1976

Citation : 1976 Latest Caselaw 313 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Section 13A was added to the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 through an Ordinance on September 29, 1975, which was subsequently replaced by an Act. Clause (a) of this section states that no Court shall issue a decree for the eviction of a tenant on the grounds of non-paym...

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Union of India & Ors Vs. Murasoli Maran [1976] INSC 314 (6 December 1976)

Judgement Date : 06 Dec 1976

Citation : 1976 Latest Caselaw 314 SC

Constitution of India
Official Languages Act, 1963

Headnote :

The Madras High Court annulled the Presidential Orders from April 27, 1960, along with various subsequent directives and circulars from the Home Ministry, P & T Department, and Railway Board, which mandated attendance in \"Hindi in service training\" as part of official duties and imposed penalties...

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Narandas Karsondas Vs. S.A. Kamtam & ANR [1976] INSC 315 (7 December 1976)

Judgement Date : 07 Dec 1976

Citation : 1976 Latest Caselaw 315 SC

Maharashtra Co-Operative Societies Act, 1960
Section 202. Termination of Agency, where agent has an interest in subject-matter
Section 204. Revocation where authority has been partly exercised
Section 5. TPA, “Transfer of property” defined.
Section 54. TPA, “Sale” defined.
Section 60. TPA, Right of mortgagor to redeem.
Section 69. TPA, Power of sale when valid.

Headnote :

In 1964, the first respondent, a Society, was established as a Housing Society with the intention of constructing 12 plots for its members. To facilitate this, the Society acquired a piece of land. In 1966, the Society mortgaged the land along with the unfinished structure to the second respondent....

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Sharda Prasad Sinha Vs. State of Bihar [1976] INSC 316 (8 December 1976)

Judgement Date : 08 Dec 1976

Citation : 1976 Latest Caselaw 316 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

Employing or allowing the employment of any individual under 18 years of age or any woman in any area of the licensed premises, in violation of section 25, constitutes an offense under section 54(1)(a) of the Bihar and Orissa Excise Act of 1915.According to section 25(2), it is an offense for a pers...

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State of Karnataka Vs. K.H. Annegowda & ANR [1976] INSC 317 (8 December 1976)

Judgement Date : 08 Dec 1976

Citation : 1976 Latest Caselaw 317 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Section 494 of the Code of Criminal Procedure 1893 states that any Public Prosecutor may withdraw from prosecuting any individual, either generally or for specific offenses, with the Court\'s consent. This can occur in jury trials before the verdict is returned and in other cases before the judgment...

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P. Radhakrishna Naidu & Ors Vs. Government of Andhra Pradesh & Ors [1976] INSC 318 (9 December 1976)

Judgement Date : 09 Dec 1976

Citation : 1976 Latest Caselaw 318 SC

Constitution of India

Headnote :

Upon completing 25 years of qualifying service, the appellants were mandatorily retired in the public interest and were entitled to receive three months\' salary in lieu of notice. Subsequently, the respondent Government issued a general order prohibiting the re-employment of individuals who had bee...

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Mani Subrat Jain Vs. State of Haryana & Ors [1976] INSC 319 (9 December 1976)

Judgement Date : 09 Dec 1976

Citation : 1976 Latest Caselaw 319 SC

Constitution of India

State of Haryana Vs. Subash Chander Marwaha & Ors [1973] INSC 110 (2 May 1973)
Chandramouleshwar Prasad Vs. Patna High Court & Ors [1969] INSC 272 (7 October 1969)
Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)

Headnote :

The Haryana High Court called for applications and conducted interviews to fill vacancies in the direct recruit quota from the bar for the Haryana Superior Judicial Service. The names of the appellants were put forward to the State Government, which subsequently rejected them and requested the High...

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Ranjeet Mal Vs. General Manager, Northern Railway Baroda House, New Delhi & [1976] INSC 320 (10 December 1976)

Judgement Date : 10 Dec 1976

Citation : 1976 Latest Caselaw 320 SC

Constitution of India

Headnote :

The appellant, who was an employee of the Northern Railway, was dismissed from his position. His appeal against the dismissal was turned down by the General Manager. Feeling wronged, the appellant subsequently filed a writ petition under Article 226.In this writ petition, the General Manager was nam...

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Cumbum Roadways (P) Ltd. Vs. Balaguru Bus Service Pvt. Ltd. & Ors [1976] INSC 321 (10 December 1976)

Judgement Date : 10 Dec 1976

Citation : 1976 Latest Caselaw 321 SC

Headnote :

The appellant and the respondent both sought a permit for stage carriages. The respondent received a higher score than the appellant. However, the Road Transport Authority favored the appellant on compassionate grounds, noting that the respondent already held a permit for a route that partially over...

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D.R. Venkatachalam & Ors Vs. Dy. Transport Commissioner & Ors [1976] INSC 322 (10 December 1976)

Judgement Date : 10 Dec 1976

Citation : 1976 Latest Caselaw 322 SC

Motor Vehicles Act, 1939

Headnote :

The appellants, who are private stage carriage operators, sought to renew their expiring bus permits. The respondent, the State Transport Undertaking, opposed this renewal, arguing that it had achieved higher scores under rule 155-A of the Motor Vehicles Rules. The State Transport Undertaking\'s pos...

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Cheran Transport Co. Ltd. Vs. Kanan Lorry Service & ANR [1976] INSC 323 (10 December 1976)

Judgement Date : 10 Dec 1976

Citation : 1976 Latest Caselaw 323 SC

Motor Vehicles Act, 1939

Headnote :

The respondent was a Stage Carriage Operator whose two permits were set to expire in January and March 1976. In accordance with section 58 of the Motor Vehicles Act, 1939, he submitted a renewal application more than 120 days in advance. However, by the time the permits were due to expire, a draft s...

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Raj Rani & Ors Vs. Delhi Administration & Ors [1976] INSC 324 (10 December 1976)

Judgement Date : 10 Dec 1976

Citation : 1976 Latest Caselaw 324 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Co-operative Societies Act, 1972

Headnote :

On July 6, 1971, the Lieutenant Governor of Delhi issued an award mandating the New Friends Co-operative House Building Society Limited to pay Rs. 22 lakhs to the Delhi Administration.On July 9, 1971, the Lieutenant Governor, through a notification, dissolved the elected Managing Committee and estab...

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Lakshmi Raman Acharya Vs. Chandan Singh & Ors [1976] INSC 325 (13 December 1976)

Judgement Date : 13 Dec 1976

Citation : 1976 Latest Caselaw 325 SC

Representation of the People Act, 1951

Headnote :

In the State Assembly election, the first respondent was declared the winner. The appellant, one of the candidates who lost, challenged the election, claiming that the first respondent engaged in corrupt practices as defined by sections 123(2), (3), and (3A) of the Representation of the People Act,...

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Assistant Sales Tax Officer & Ors Vs. B.C. Kame, Proprietor Kame Photo Studio [1976] INSC 326 (14 December 1976)

Judgement Date : 14 Dec 1976

Citation : 1976 Latest Caselaw 326 SC

Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

The respondent operates a business that includes providing photo prints to customers who have their pictures taken at his studios. The sales tax authorities assessed him and imposed sales tax on his provision of photo prints. In response, the respondent filed a writ petition in the High Court, argui...

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Sarwan Singh & ANR Vs. Kasturi Lal [1976] INSC 327 (14 December 1976)

Judgement Date : 14 Dec 1976

Citation : 1976 Latest Caselaw 327 SC

Administration of Evacuee Property Act, 1950
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

Section 19 of the Slum Areas (Improvement and Clearance) Act of 1956 states that, regardless of any other existing laws, no individual may initiate any legal action to evict a tenant from a building located in a slum area without prior written permission from the competent authority. Section 39 asse...

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G. Ponniah Thevar Vs. Nellayam Perumal Pillai & Ors [1976] INSC 328 (15 December 1976)

Judgement Date : 15 Dec 1976

Citation : 1976 Latest Caselaw 328 SC

Headnote :

The plaintiffs-respondents, who inherited the disputed land as remainder-men, initiated a lawsuit to evict the appellant, a cultivating tenant, arguing that his tenancy rights, established by Annamalai Ammal, the life-estate holder, ended with her death. The appellant asserted that he was entitled t...

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Murarilal Sarawagi Vs. The State of Andhra Pradesh [1976] INSC 329 (15 December 1976)

Judgement Date : 15 Dec 1976

Citation : 1976 Latest Caselaw 329 SC

Andhra Pradesh General Sales Tax Act, 1957

Headnote :

According to item 1 in the Second Schedule of the Andhra Pradesh General Sales Tax Act of 1957, manganese ore is subject to taxation at the point of sale by the final dealer purchasing within the State.The appellants sell manganese ore to the Mines and Minerals Trading Corporation (MMTC), which then...

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Union of India & ANR Vs. Dhrangadhra Chemical Works & ANR [1976] INSC 330 (16 December 1976)

Judgement Date : 16 Dec 1976

Citation : 1976 Latest Caselaw 330 SC

Headnote :

Section 2(b) of the Additional Emoluments (Compulsory Deposit) Act, 1974 defines additional dearness allowance to mean such dearness allowance as may be sanctioned from time to time after the appointed day over and above the amount of dearness allowance payable in accordance with the rate in force i...

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Union of India & ANR Vs. Majur Mahajan Mandal & Ors [1976] INSC 331 (16 December 1976)

Judgement Date : 16 Dec 1976

Citation : 1976 Latest Caselaw 331 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946

Headnote :

Section 2(b) of the Additional Emoluments (Compulsory Deposit) Act, 1974 defines additional dearness allowance to mean such dearness allowance as may be sanctioned from time to time after the appointed day, i.e., July 6, 1974 over and above the amount of dearness allowance payable in accordance with...

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Timblo Irmaos Ltd., Margo Vs. Jorge Anibal Matos Sequeira & ANR [1976] INSC 332 (16 December 1976)

Judgement Date : 16 Dec 1976

Citation : 1976 Latest Caselaw 332 SC

Headnote :

The appellant company sued Mr. & Mrs. Sequeira for recovery of certain amounts under two contracts of supply of iron ore. The first contract was signed by Ramesh holder of a power of attorney of Sequeiras and the second contract was signed by Ramesh's father as the agent of Ramesh. Under the...

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State of Mysore Vs. Fakrusab Babusab Karanandi [1976] INSC 333 (17 December 1976)

Judgement Date : 17 Dec 1976

Citation : 1976 Latest Caselaw 333 SC

Headnote :

The Mysore Ordinance 4 of 1970, which took effect on August 7, 1970, removed the phrase \"or police\" from section 60(b) of the Mysore Excise Act, 1965. This section previously allowed a Magistrate to take cognizance based on \"his own knowledge or suspicion or on the complaint or report of an excis...

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S.K. Kale Vs. State of Maharashtra [1976] INSC 334 (17 December 1976)

Judgement Date : 17 Dec 1976

Citation : 1976 Latest Caselaw 334 SC

Constitution of India
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant served as the Local Purchase Officer at the Army Ordnance Depot in the Poona district. He faced charges related to the procurement of engineering tools, specifically under section 5(1)(d) in conjunction with section 5(2) of the Prevention of Corruption Act. These charges alleged that h...

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Lal Chand & Ors Vs. Radha Kishan [1976] INSC 335 (17 December 1976)

Judgement Date : 17 Dec 1976

Citation : 1976 Latest Caselaw 335 SC

Code of Civil Procedure, 1908 (CPC)
Delhi and Ajmer Rent Control Act, 1952

Headnote :

The respondent, who owns a house, rented out 5 rooms on the ground floor and 2 rooms on the second floor to one Lal Chand. In 1958, the respondent initiated legal proceedings in the Court of the Sub Judge to evict Lal Chand, along with Kesho Ram, Jhangi Ram, Nand Lal, and Smt. Kakibai, claiming that...

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Govindbhai Gordhanbhai Patel & Ors Vs. Gulam Abbas Mulla Allibhai & Ors [1976] INSC 336 (17 December 1976)

Judgement Date : 17 Dec 1976

Citation : 1976 Latest Caselaw 336 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Indian Contract Act, 1872
Section 56. Agreement to do impossible act

Headnote :

The respondents consented to sell their agricultural land to the appellants. The appellants received the title deeds and took possession of the land, and both parties jointly approached the District Deputy Collector, Thana Prant, under section 63 of the Bombay Tenancy and Agricultural Lands Act, 194...

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Company Law Board Vs. Upper Doab Sugar Mills Ltd. [1976] INSC 337 (17 December 1976)

Judgement Date : 17 Dec 1976

Citation : 1976 Latest Caselaw 337 SC

Headnote :

Section 198(1) of the Companies Act, 1956 states that the total managerial remuneration that a public company can pay its directors for a financial year must not exceed eleven percent of the company\'s net profits for that year. Sub-section (3) allows a company to pay its managing or whole-time dire...

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C.I.T. West Bengal Iii, Calcutta Vs. Sri Jagannath Jee [1976] INSC 338 (17 December 1976)

Judgement Date : 17 Dec 1976

Citation : 1976 Latest Caselaw 338 SC

Constitution of India
Indian Succession Act, 1925

Headnote :

Raja Rajendra Mullick Bahadur of Calcutta executed his final will on February 21, 1887. The will was authored by a devout Indian, while John Hart, an English solicitor, drafted the document. It begins with the phrase, \'I hereby dedicate and make debutter my Thakurbaree.\' The Income Tax Officer iss...

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