Caselaw | Supreme Court Judgements of april 1977

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Commissioner of Wealth Tax, New Delhi Vs. P.N. Sikand [1977] INSC 101 (1 April 1977)

Judgement Date : 01 Apr 1977

Citation : 1977 Latest Caselaw 101 SC

Wealth Tax Act, 1957

Headnote :

The respondent, an individual assessed for wealth tax, reported the value of his property located at plot No. 12, Block 39 Kautilya Marg, Chanakyapuri, in his net wealth return for the assessment year 1968-69 as Rs. 4,52,000, a decrease from the Rs. 6,00,000 he had declared in previous years. This p...

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Kanta Goel Vs. B.P. Pathak & Ors [1977] INSC 102 (1 April 1977)

Judgement Date : 01 Apr 1977

Citation : 1977 Latest Caselaw 102 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The first respondent is an Under Secretary in the Central Government and was residing in government-allocated housing. He was instructed by a government order to vacate this accommodation because he owned a residential property in his name in Shakti Nagar, Delhi. The Shakti Nagar property is a two-s...

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State of Punjab & ANR Vs. Prem Sukhdas & Ors [1977] INSC 103 (1 April 1977)

Judgement Date : 01 Apr 1977

Citation : 1977 Latest Caselaw 103 SC

Headnote :

Section 3 of the Punjab Professions, Trades, Callings and Employment Taxation Act, 1956, establishes a tax on professions, trades, callings, or employment conducted within the State. Section 5 outlines how the tax is to be calculated based on gross income. According to Section 2 of the Act, \"total...

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State of Uttar Pradesh Vs. Nawab Hussain [1977] INSC 104 (4 April 1977)

Judgement Date : 04 Apr 1977

Citation : 1977 Latest Caselaw 104 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In a writ petition filed under Article 226 of the Constitution challenging his dismissal from service, the respondent argued that his dismissal was invalid because he had not been given a fair opportunity to address the allegations against him. The writ petition was ultimately dismissed.Subsequently...

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Union of India Vs. Central India Machinery Manufacturing Co. Ltd. & Ors [1977] INSC 105 (6 April 1977)

Judgement Date : 06 Apr 1977

Citation : 1977 Latest Caselaw 105 SC

Sale of Goods Act, 1930

Headnote :

The appellant and respondent No. 1 entered into a contract for the manufacture and supply of wagons, with the exchanged correspondence specifying the quantity of wagons to be supplied and the price for each type.The contract was to be governed by the Standard Conditions, provided they did not confli...

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Union of India & Ors Vs. Gujarat Woollen Felt Mills [1977] INSC 106 (7 April 1977)

Judgement Date : 07 Apr 1977

Citation : 1977 Latest Caselaw 106 SC

Central Excises and Salt Act, 1944

Headnote :

An excise duty amounting to Rs. 55055.87 was imposed and collected from the respondent-firm by the Excise authorities, who classified the non-woven felts produced by them as \"woollen fabrics\" under entry 21 of Schedule I of the Central Excises and Salt Act, 1944. The Gujarat High Court granted the...

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Madan Lal Lohia Vs. Assistant Controller & Ors [1977] INSC 107 (11 April 1977)

Judgement Date : 11 Apr 1977

Citation : 1977 Latest Caselaw 107 SC

Married Women's Property Act, 1874

Headnote :

The appellant, a tenant residing in the building located at No. 13 India Exchange Place, Calcutta, which belonged to the late Rai Bhupathi Nath Deb Bahadur who passed away on September 23, 1959, was granted tenancy through a registered lease agreement dated March 5, 1960. This lease was for a durati...

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Brahmanand Vs. Smt. Kaushalya Devi & ANR [1977] INSC 108 (11 April 1977)

Judgement Date : 11 Apr 1977

Citation : 1977 Latest Caselaw 108 SC

Headnote :

Section 3(1)(a) of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, allows for eviction due to rent arrears if a tenant has not paid rent for over three months and fails to settle the amount within one month after receiving a notice of demand from the landlord. Additionally,...

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M/S. Carborandum Co. Vs. C.I.T., Madras [1977] INSC 109 (11 April 1977)

Judgement Date : 11 Apr 1977

Citation : 1977 Latest Caselaw 109 SC

Headnote :

The appellant, a foreign company as defined in section 2(5A) of the Income Tax Act, entered into an agreement with M/s. Carborandum Universal Ltd., which has its registered office in Madras, on June 22, 1955, to provide certain technical and know-how services. In return for these services, the appel...

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Thiru John & ANR Vs. Returning Officer & Ors [1977] INSC 110 (12 April 1977)

Judgement Date : 12 Apr 1977

Citation : 1977 Latest Caselaw 110 SC

Constitution of India

Headnote :

In the 1974 biennial elections to fill six vacancies in the Rajya Sabha from Tamil Nadu, there were eight candidates, including the appellants and one R. Mohanarangam, who was the petitioner in Election Petition No. 1 of 1974. The required quota for a candidate to be elected was calculated as (22400...

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Shahzada Nand & Sons Vs. The Commissioner of Income Tax, Patiala [1977] INSC 111 (12 April 1977)

Judgement Date : 12 Apr 1977

Citation : 1977 Latest Caselaw 111 SC

Headnote :

The appellants served as the exclusive selling agents for Oriental Carpet Manufacturers India Pvt. Ltd., handling the sale of yarn, cloth, and blankets produced by the company. For the sales made by the appellants, they received a commission from OCM. Due to the appellants\' impressive sales perform...

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National Textile Corporation & ANR Vs. State of Maharashtra & Ors [1977] INSC 112 (12 April 1977)

Judgement Date : 12 Apr 1977

Citation : 1977 Latest Caselaw 112 SC

Headnote :

The state government issued two notifications under sections 4 and 6 of the Land Acquisition Act to acquire land owned by a textile mill. While the Letters Patent Appeal of the textile mill was pending in the High Court, the Central Government took control of the mill, and subsequently, the appellan...

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Nrisingha Murari Chakraborty & Ors Vs. State of West Bengal [1977] INSC 113 (12 April 1977)

Judgement Date : 12 Apr 1977

Citation : 1977 Latest Caselaw 113 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 415. Cheating
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The appellants faced charges under section 420 in conjunction with section 120B of the Indian Penal Code, based on allegations of a conspiracy that led to the submission of numerous applications for passport issuance. These applications were submitted while concealing the true facts regarding the ap...

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Eknath Shankarrao Mukkawar Vs. State of Maharashtra [1977] INSC 114 (12 April 1977)

Judgement Date : 12 Apr 1977

Citation : 1977 Latest Caselaw 114 SC

Criminal Procedure Code, 1973
CrPC Section 377. Appeal by the State Government against sentence
CrPC Section 378. Appeal in case of acquittal
CrPC Section 401. High Court’s powers of revision
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946
Indian Penal Code, 1860 (IPC)
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant and his father faced charges under section 2(1)(c) of the Prevention of Food Adulteration Act, 1954 for the adulteration of chili powder. A sample of the chili powder, seized by the Food Inspector on April 13, 1974, showed a total ash content of 37.25%, significantly exceeding the perm...

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Karnataka Electricity Board Vs. Gulam Mohiuddin [1977] INSC 115 (12 April 1977)

Judgement Date : 12 Apr 1977

Citation : 1977 Latest Caselaw 115 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

The respondent worked as an Accountant in the Electricity Department of the former State of Hyderabad. Following the reorganization of states under the States Reorganisation Act of 1956, he was assigned to the new State of Mysore effective November 1, 1956. He was given the option to remain in gover...

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Velji Lakshmi & Co. Vs. Benett Coleman & Co [1977] INSC 116 (14 April 1977)

Judgement Date : 14 Apr 1977

Citation : 1977 Latest Caselaw 116 SC

Government of India Act, 1935
Indian Penal Code, 1860 (IPC)

Headnote :

Respondent No. 1 built several godowns on a plot of land leased to them by the Bombay Port Trust in 1933.Following explosions in 1944, some buildings in the vicinity were destroyed. To ensure that reconstruction in the area adhered to modern standards, the Bombay Municipal Corporation developed a pl...

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State of Haryana Vs. N. C. Tandon [1977] INSC 117 (14 April 1977)

Judgement Date : 14 Apr 1977

Citation : 1977 Latest Caselaw 117 SC

Headnote :

The respondent was found guilty of an offense under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, 1947, as well as section 161 of the Indian Penal Code. The High Court overturned the conviction solely on the basis that the sanction for his prosecution was not...

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Bhopal Sugar Industries Ltd. Vs. Sales Tax Officer, Bhopal [1977] INSC 118 (14 April 1977)

Judgement Date : 14 Apr 1977

Citation : 1977 Latest Caselaw 118 SC

Central Sales Tax Act, 1956

Headnote :

The appellant was a sugar manufacturer that also operated a petrol station on its mill premises, selling high-speed diesel, petrol, and various lubricant oils from Caltex. A portion of these oils was used by the appellant for its own trucks and vehicles. The sales tax authorities assessed tax on the...

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Mistry Premjibhai Vithaldas Vs. Ganeshbhai Keshavji [1977] INSC 119 (14 April 1977)

Judgement Date : 14 Apr 1977

Citation : 1977 Latest Caselaw 119 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

According to section 12(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant can seek protection from eviction as long as they are prepared to pay the standard rent, as defined in section 5(10), along with any permitted increases, and comply with other conditions of the...

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K. Venkamma Vs. The Govt. of Andhra Pradesh & Ors [1977] INSC 120 (14 April 1977)

Judgement Date : 14 Apr 1977

Citation : 1977 Latest Caselaw 120 SC

Motor Vehicles Act, 1939

Headnote :

The Andhra Pradesh Government proposed to nationalize the Nellore-Ramapuram route, which spans a short distance of 8 km through Tamil Nadu. The appellant, a private operator currently servicing this route, contested the scheme, arguing that since it is an inter-state route, the failure to comply wit...

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State of Orissa & Ors Vs. Arakhita Bisoi [1977] INSC 121 (14 April 1977)

Judgement Date : 14 Apr 1977

Citation : 1977 Latest Caselaw 121 SC

Orissa Land Reforms Act, 1960

Headnote :

According to Section 43 of the Orissa Land Reforms Act, the Revenue Officer is responsible for determining the ceiling surplus. Once the proceedings are concluded, the Revenue Officer confirms the draft statement under Section 44(1). Under Section 44(2), an appeal can be made to the designated autho...

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Gurpur Guni Venkataraya Narashima Prabhu & Ors Vs. B.G. Achia, Assistant Commissioner, Hindu Religious [1977] INSC 122 (15 April 1977)

Judgement Date : 15 Apr 1977

Citation : 1977 Latest Caselaw 122 SC

Madras Hindu Religious and Charitable Endowments Act, 1951

Headnote :

Section 6(17) of the Madras Hindu Religious and Charitable Endowments Act, 1951 defines a \"temple\" as any location, regardless of its name, that serves as a public place of religious worship, dedicated to or benefiting the Hindu community or any of its sections, and used as a place of public relig...

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Madhya Pradesh State Road Transport Corporation, Bairagarh, Vs. Sudhakar & Ors [1977] INSC 123 (15 April 1977)

Judgement Date : 15 Apr 1977

Citation : 1977 Latest Caselaw 123 SC

Headnote :

On June 23, 1961, a bus accident resulted in the tragic deaths of Mrs. Usha Kotasthane and her one-year-old son. Additionally, a four-year-old boy named Sailesh Kumar, from a well-off family, suffered a disability due to a compound fracture of his right tibia and fibula near the ankle joint. Sudhaka...

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Hindustan Lever Ltd., Bombay Vs. The Monopolies & Restrictive Trade Practices [1977] INSC 124 (17 April 1977)

Judgement Date : 17 Apr 1977

Citation : 1977 Latest Caselaw 124 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

According to section 2(0) of the Monopolies & Restrictive Trade Practices Act, a \"restrictive trade practice\" refers to any trade practice that has, or could potentially have, the effect of hindering, distorting, or limiting competition in any way.The appellant, a manufacturer of consumer goods su...

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Dagdu & Ors Vs. State of Maharashtra [1977] INSC 125 (19 April 1977)

Judgement Date : 19 Apr 1977

Citation : 1977 Latest Caselaw 125 SC

Criminal Procedure Code, 1973
CrPC Section 163. No inducement to be offered
CrPC Section 164. Recording of confessions and statements
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 34. Acts done by several persons in furtherance of common intention

Santa Singh Vs. State of Punjab [1976] INSC 176 (17 August 1976)
Ravinder Singh Vs. State of Haryana [1975] INSC 26 (7 February 1975)
The State of Bihar Vs. Basawan Singh [1958] INSC 24 (21 March 1958)
Rameshwar Vs. The State of Rajasthan [1951] INSC 61 (20 December 1951)

Headnote :

The first accused, despite being in her thirties, had entered a phase of premature menopause and was eager to conceive, which could only occur if her menstrual cycle was restored. She sought the help of quacks and Mantriks to assist her in having a child. Her mother was reputed to possess a sixth se...

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N.S. Mehta & Ors Vs. Union of India & Ors [1977] INSC 126 (20 April 1977)

Judgement Date : 20 Apr 1977

Citation : 1977 Latest Caselaw 126 SC

Constitution of India

Headnote :

Under the framework that led to the establishment of the Central Secretariat Clerical Service Rules, 1962 (which took effect on May 1, 1954), it was stipulated that officers eligible for confirmation in the services at the initial formation must also pass a typewriting test administered by the Union...

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Links Advertisers & Business Promoters Vs. Commissioner, Corporation of The City of Bombay [1977] INSC 127 (21 April 1977)

Judgement Date : 21 Apr 1977

Citation : 1977 Latest Caselaw 127 SC

Headnote :

Section 136 of the City of Bangalore Municipal Corporation Act, 1949 states that anyone who erects or displays any advertisement on any land or structure, or in any location visible to the public, must pay a tax imposed by the Corporation for each advertisement. According to clause (e) of the third...

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Life Insurance Corporation of India Vs. Kota Ramabrahmam & Ors [1977] INSC 128 (22 April 1977)

Judgement Date : 22 Apr 1977

Citation : 1977 Latest Caselaw 128 SC

Life Insurance Corporation Act, 1956

Headnote :

The respondents, who were farmers, borrowed money from two insurance companies in 1950 and 1952. In lawsuits initiated by the Life Insurance Corporation, which had taken over the insurance companies, the respondents argued that their debts should be reduced according to section 4(e) of the Madras Ag...

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Superintendent of Post Offices Vs. P.K. Rajamma [1977] INSC 129 (22 April 1977)

Judgement Date : 22 Apr 1977

Citation : 1977 Latest Caselaw 129 SC

Constitution of India

Headnote :

The individuals involved in these appeals are classified as \"extra departmental agents\" according to Rule 2(b) of the Posts and Telegraphs Extra Departmental Agents (Conduct of Service) Rules, 1964, which were issued under the authority of the Government of India. They were either dismissed or rem...

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P. Chitharanja Menon & Ors Vs. A. Balakrishnan & Ors [1977] INSC 130 (25 April 1977)

Judgement Date : 25 Apr 1977

Citation : 1977 Latest Caselaw 130 SC

Headnote :

On May 15, 1961, the State Government issued orders (Ex. PI) stating that all Panchayat Officers operating under the Travancore Cochin Panchayats Act of 1950 and Panchayat Executive Officers under the Madras Village Panchayats Act of 1951, who were still in their positions as of December 31, 1961, w...

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Tarlok Singh Vs. State of Punjab [1977] INSC 131 (28 April 1977)

Judgement Date : 28 Apr 1977

Citation : 1977 Latest Caselaw 131 SC

Headnote :

The appellant, along with two co-defendants, was found guilty under Section 302 of the Indian Penal Code and received a death sentence, while the other two were sentenced to life imprisonment. The appellant appealed to this Court against the High Court\'s decision that upheld the death sentence, and...

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Tarulata Syam & Ors Vs. Commissioner of Income-Tax, West Bengal [1977] INSC 132 (28 April 1977)

Judgement Date : 28 Apr 1977

Citation : 1977 Latest Caselaw 132 SC

Headnote :

According to section 2(6A)(e) of the Indian Income-tax Act, 1922, the definition of a dividend encompasses any payment made by a company, which is not one in which the public has a significant interest as defined in section 23A, to a shareholder. This includes any sum paid as an advance or loan, or...

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Takaseela Pedda Subba Reddy Vs. Pujari Padmavathamma & Ors [1977] INSC 133 (28 April 1977)

Judgement Date : 28 Apr 1977

Citation : 1977 Latest Caselaw 133 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Order XXI Rule 64 of the Civil Procedure Code (C.P.C.) states that \"any court executing a decree may order the sale of any property that has been attached and is subject to sale, or any portion of it deemed necessary to satisfy the decree, and that the proceeds from such a sale, or a sufficient por...

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