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 assessee to wealth tax as an individual, in the assessment for the assessment year 1968-69, valued his property situate on plot No. 12, Block 39 Kautilya Marg, Chanakyapuri in his return of net wealth @ Rs. 4,52,000 as against the value of Rs. 6,00,000 shown by him in the previous...

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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 respondent no. 1 is an Under Secretary in the Central Government He was in occupation of residential premises allotted to him by the Central Government and was required by the Government order to vacate such residential accommodation on the ground that he owned in Delhi a residential accommodati...

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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, imposes a tax in respect of a profession trade calling or employment carried on or followed within the State. Section 5 lays down the manner of determination of tax .on the gross income. The term "total gr...

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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 Art. 226 of the Constitution impugning his dismissal from service, the respondent contended that since he had not been given a reasonable opportunity of meeting the allegations against him, his dismissal was void. The. writ petition was dismissed. Thereupon, the res...

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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. 1company entered into a contract for the manufacture and supply of wagons. By the correspondence exchanged, the number of wagons to be supplied and the price of wagon of each type were indicated. It was provided that the contract would be governed by the Standard...

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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 of Rs. 55055.87 was levied and collected from the respondent-firm by the Excise authorities treating the non-woven felts manufactured by them as "woollen fabrics" covered by entry 21 in Schedule I to the Central Excises and Salt Act, 1944. The Gujarat High, Court allowed 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 in the building situate at No. 13 India Exchange Place, Calcutta and belonging to one Rai Bhupathi Nath Deb Bahadur who died on September 23, 1959, was inducted in as a tenant through a registered lease deed dated 5th March 1960 for a period of thirty one years effective from...

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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, permits ejectment on the ground of arrears of-rent when the tenant is in arrears of rent for more than three months and has failed to pay the same to the landlord within one month of the service upon him of a...

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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 within the meaning of s. 2(5A) of Income Tax Act, entered into an agreement with M/s. Carborandum Universal Ltd., having its registered office at Madras on June 22, 1955 and rendered certain technical and knowhow services. In view of the said services it was to 'r...

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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 biennial elections of 1974 for filling six vacancies to the Rajya Sabha from the State of Tamil Nadu, there were eight contestants, including both the appellants and one R. Mohanarangam, the petitioner in Election Petition No. 1 of 1974. The requisite quota to secure the election of a candida...

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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 were the sole selling agents of the Oriental Carpet Manufacturers India Pvt. Ltd. in respect of yarn, cloth and blankets manufactured by them and for the sales effected by the appellants, as such sole selling agent's commission was paid to them by OCM. Since the appellants showed...

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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 ss. 4 and 6 of the Land Acquisition Act seeking to acquire certain land belonging to a textile mill. When the Letters Patent Appeal of the 'Textile mill was pending before the High Court the mill was taken over by the Central Government and lat...

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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 were charged under section 420 read with section 120B of the Indian Penal Code on the ground that there was a conspiracy between them as a result of which hundreds of applications were filed for the issue of passports. The applications were made by suppressing the real facts about the...

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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 were charged u/s. 2(1) (c) of the Prevention of Food Adulteration Act, 1954 for adulteration of chilly powder. The sample of chilli powder which was seized by the Food Inspector on April 13, 1974 contained 37.25% of the total ash against the permissible percentage of 8%....

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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 was serving as an Accountant in 'the Electricity Department of the former State of Hyderabad. On the reorganisation of the States in pursuance of the States Reorganisation Act, 1956, he was allotted to the new State of Mysore with effect from 1st November, 1956. Option was given t...

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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 constructed some godowns on the plot of land leased out to them by the Bombay Port Trust in 1933. As a result of explosions in 1944, some of the buildings in the area were destroyed. In order that the building construction work in the area might be carried out on modern lines, th...

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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 convicted for an offence under section 5(2) read with s. 5(1)(d) of the Prevention of Corruption Act, 1947 and section 161 of the I.P.C. The conviction was set aside by the High Court on the sole ground that the sanction for his prosecution was not accorded by a competent authorit...

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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 manufacturer of sugar. It also ran in the mill premises a petrol pump selling high speed diesel oil, petrol and other lubricant oils of Caltex. A part of these oils was consumed by the appellant for its own trucks and other vehicles. The Sales tax authorities assessed to tax 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 :

Under s. 12(1 ) of the Bombay Rents. Hotel and lodging House Rates Control Act, 1947, a tenant is entitled to claim protection from eviction so long as he is willing and ready to pay the standard rent as defined in s. 5(10) and permitted increases and observes other conditions of the Act. The protec...

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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 Nellore-Ramapuram route passing over a short distance of 8 K.m. through Tamil Nadu was proposed to be nationalised by the Andhra, Pradesh Government. The appellant an existing private operator on the route challenged the scheme on the ground that the route being an inter-state route, noncomplian...

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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 :

Under Section 43 of the Orissa Land Reforms Act, the Revenue Officer determines the ceiling surplus and on the termination of the proceedings there under, the Revenue Officer u/s 44(1) confirms the draft statement; u/s 44(2) an appeal lies to the prescribed authority against the order under sub-sect...

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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 :

S. 6(17) of the Madras Hindu Religious and Charitable Endowments Act, 1951 defines a temple as "temple" means a place by whatever designation known, used as a place of public religious worship, and dedication to, or for the benefit of or used as of right by, the Hindu Community or any sect...

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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 :

In a bus accident on June 23, 1961, one Mrs. Usha Kotasthane and her one year old son died. One Sailesh Kumar. a boy of about four years coming from a well-to-do family was disabled due to a compound fracture of his right tibia and fabula lower third near the ankle joint._ Sudhakar Kotasthane, the h...

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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 s. 2(0) of the Monopolies & Restrictive Trade Practices Act a "restrictive trade practice" means inter alia a trade practice which has, or may have, the effect of preventing, distorting or restricting competition in any manner. The appellant, who was a manufacturer of c...

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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 :

Accused, No. 1 though in her thirties had entered a period of premature menopause. She was anxious to get a child which could only happen if her menstrual cycle was restored. She used to consult quacks and Mantriks in order to help get a child. Accused No.1's mother was accredited with sixth sen...

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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 scheme which culminated in the promulgation of the Central Secretariat Clerical Service Rules, 1962 (effective from 1-5-1954), it was provided that those officers who were otherwise eligible for confirmation in the services at the initial constitution should also pass a typewriting test to...

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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 provides that every person who erects, exhibits etc., over any land or structure any advertisement or who displays any advertisement to public view in any place whether public or private, shall pay on every advertisement a tax levi...

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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 agriculturists, took loans from two insurance companies in 1950 and 1952. In suits for the recovery of the debts, filed by the Life Insurance Corporation after it had taken over the insurance companies, the respondents claimed that the debts should be scaled down in accorda...

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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 respondents in all these appeals are "extra departmental agents" within the meaning of Rule 2(b) of the Posts and Telegraphs Extra Departmental Agents (Conduct of Service) Rules, 1964 issued under the authority of the Government of India. They were either dismissed or removed from serv...

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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 passed orders (Ex. PI) that all Panchayat Officers functioning under the Travancore Cochin Panchayats Act, 1950 and Panchayat Executive Officers functioning under the Madras Village Panchayats Act, 1951 as on December 31, 1961 who continue to hold their appointme...

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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 was convicted along with two other accused under s. 302 I.P.C. and sentenced to death while the other two were sentenced to life imprisonment. In appeal to this Court against the orders of the High Court confirming the death sentence imposed, the special leave was granted limited to se...

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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 :

Under section 2(6A)(e).of the Indian Income-tax Act, 1922, the term dividend includes any payment by a company not being a company in which the public are substantially interested within the meaning of s. 23A of any sum (whether as representing a part of the assets of the company or otherwise) by wa...

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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 C.P.C. lays down that "any court executing a decree may order that any property attached by it and liable to sale or such portion thereof as may seem necessary to satisfy the decree, shall be sold and that the proceeds of such sale, or a sufficient portion thereof shall...

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