Caselaw | Supreme Court Judgements of february 1977

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Narpal Singh & Ors Vs. State of Haryana [1977] INSC 40 (1 February 1977)

Judgement Date : 01 Feb 1977

Citation : 1977 Latest Caselaw 40 SC

CrPC Section 259. Power of court to convert summons-cases into warrant cases
CrPC Section 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Santa Singh Vs. State of Punjab [1976] INSC 176 (17 August 1976)

Headnote :

The appellants Nirpal Singh, Gurdev Singh, and Jagmohan Singh were found guilty under section 302 of the Indian Penal Code and sentenced to death, while Devinder Singh and Maha Singh were also convicted under section 302 but received life imprisonment from the Sessions Judge. The High Court confirme...

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Prabhat Kiran Maithani & Ors Vs. Union of India & ANR [1977] INSC 41 (3 February 1977)

Judgement Date : 03 Feb 1977

Citation : 1977 Latest Caselaw 41 SC

Constitution of India

Headnote :

In the 1959 Second Pay Commission Report, the pay scales for Computers were listed as the same as those for Research Assistants Grade II, despite the fact that the two positions were categorized as separate classes.However, the Third Pay Commission Report indicated that Computers not only constitute...

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Chairman, Board of Mining Examination & ANR Vs. Ramjee [1977] INSC 42 (3 February 1977)

Judgement Date : 03 Feb 1977

Citation : 1977 Latest Caselaw 42 SC

Headnote :

According to regulation 26(1), if the Regional Inspector believes that an individual holding an Overman\'s, Sirdar\'s, Engine-driver\'s, Shot-firer\'s, or Gas-testing Certificate is incompetent or has acted with negligence or misconduct in their duties, he may suspend their certificate through a wri...

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Bai Nani & Ors Vs. Manilal Lallubhai & Ors [1977] INSC 43 (7 February 1977)

Judgement Date : 07 Feb 1977

Citation : 1977 Latest Caselaw 43 SC

Hindu Succession Act, 1956

Headnote :

The plaintiffs, who are the respondents, initiated a lawsuit seeking partition and allocation of a half share in the disputed house and movable assets. Faqir Chand had three sons: Nathubhai, Lallubhai, and Nanabhai. Nanabhai is the defendant in this case, and his legal representatives are the appell...

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Piarey Lal Vs. Hori Lal [1977] INSC 44 (7 February 1977)

Judgement Date : 07 Feb 1977

Citation : 1977 Latest Caselaw 44 SC

Section 54. TPA, “Sale” defined.

Headnote :

The appellant, Piarey Lal, initially consented to sell his original property to Hori Lal but later retracted his agreement, claiming that the property in question had been consolidated under the U.P. Consolidation of Holdings Act, 1953, making it impossible to fulfill the contract. In response, Hori...

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A.P.M. Mayakutty Vs. Secretary, Public Service Department [1977] INSC 45 (8 February 1977)

Judgement Date : 08 Feb 1977

Citation : 1977 Latest Caselaw 45 SC

Headnote :

The three appellants were appointed as temporary junior engineers in the Madras High Way Subordinate Service under rule 10(a)(i)(1) of the Madras State and Subordinate Services Rules on June 13, 1950, June 6, 1951, and June 8, 1951, respectively, after being selected by the Public Service Commission...

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Bhavnagar Municipality Vs. Alibhai Karimbhai & Ors [1977] INSC 46 (8 February 1977)

Judgement Date : 08 Feb 1977

Citation : 1977 Latest Caselaw 46 SC

Headnote :

An industrial dispute involving the appellant and its workers, including the respondents, was ongoing before the Industrial Tribunal. This dispute primarily concerned the respondents\' demand for permanent employment status as rated workers in the Municipality\'s water works section. In the meantime...

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Mysore State Road Transport Corporation Vs. Babajan Conductor & ANR [1977] INSC 47 (8 February 1977)

Judgement Date : 08 Jan 1977

Citation : 1977 Latest Caselaw 47 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

Respondent 1, who worked as a conductor for the Mysore Government Road Transport Department, was dismissed for misconduct on January 25, 1961. He challenged the legality of this dismissal in the High Court under Article 226, seeking a declaration that he had remained in service since his suspension...

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Krishan Murari Lal Sehgal Vs. State of Punjab [1977] INSC 48 (9 February 1977)

Judgement Date : 09 Feb 1977

Citation : 1977 Latest Caselaw 48 SC

Constitution of India
States Reorganisation Act, 1956

Takhatray Shivdatray Mankad Vs. State of Gujarat [1969] INSC 105 (9 April 1969)

Headnote :

The appellant was appointed as a clerk in the Patiala State in 1948. Following the establishment of the new State of Punjab in 1956, the appellant was integrated into the service of the new State of Punjab as a permanent Assistant. However, the appellant overstayed his leave, leading to an inquiry b...

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Union of India & ANR Vs. Vijay Chand Jain [1977] INSC 49 (9 February 1977)

Judgement Date : 09 Feb 1977

Citation : 1977 Latest Caselaw 49 SC

Headnote :

Words and Phrases--\"in relation to\"--Definition.According to section 2(d) of the Foreign Exchange Regulation Act, 1947, foreign exchange refers to foreign currency. Section 4(1) prohibits individuals from selling or purchasing foreign exchange unless they are authorized dealers or have received pe...

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Manjusri Raha & Ors Vs. B.L. Gupta & Ors [1977] INSC 50 (9 February 1977)

Judgement Date : 09 Feb 1977

Citation : 1977 Latest Caselaw 50 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Headnote :

Satindra Nath Raha and Uma Shankar Shastri were passengers on a bus operated by Gupta of M.P. Speedways Company.They were en route from Bhind to Gwalior. While traveling on the highway, a bus owned by Bhuta approached from the opposite direction. Due to the negligence of the drivers of both buses, a...

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Official Liquidator Vs. Dharti Dhan (P) Ltd. [1977] INSC 51 (10 February 1977)

Judgement Date : 10 Feb 1977

Citation : 1977 Latest Caselaw 51 SC

Constitution of India

State of Uttar Pradesh Vs. Jogendra Singh [1963] INSC 47 (4 March 1963)

Headnote :

On January 3, 1970, the Company Judge of the Bombay High Court ordered the advertisement of a winding-up petition filed by the Registrar of Companies in Maharashtra against the respondent company, which owed Rs. 11,69,043/- to the Golcha company. The respondent company appealed this decision and, on...

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Radha Kishan Sao. Vs. Gopal Modi & Ors [1977] INSC 52 (14 February 1977)

Judgement Date : 14 Feb 1977

Citation : 1977 Latest Caselaw 52 SC

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

Headnote :

Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 states that a tenant cannot be evicted except through a court decree based on specific grounds outlined in the Act. According to Section 11A, if a tenant contests a suit for possession of a building, the court may order t...

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Jasraj Inder Singh Vs. Hem Raj Multan Chand [1977] INSC 53 (14 February 1977)

Judgement Date : 14 Feb 1977

Citation : 1977 Latest Caselaw 53 SC

Headnote :

The appellant (Plaintiff) owned two shops, one in his village and another in a city. The respondent (defendant) engaged in various transactions with the appellant at both locations. The plaintiff initiated a lawsuit seeking a specific amount that represented the net balance owed to him by the respon...

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Magan Bihari Lal Vs. State of Punjab [1977] INSC 54 (15 February 1977)

Judgement Date : 15 Feb 1977

Citation : 1977 Latest Caselaw 54 SC

Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Headnote :

A shipment of iron sheets sent by M/s. Hindustan Steel Plant EXBNDM (Banda Bunda, near Bhilai) to Bikaner in wagon No. SEKG 4875 was rerouted to Ludhiana via Agra. This change occurred because, at some point before reaching Agra, the labels on the wagons were either altered or removed, and the vehic...

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Raj Kumari Vijh Vs. Dev Raj Vijh [1977] INSC 55 (15 February 1977)

Judgement Date : 15 Feb 1977

Citation : 1977 Latest Caselaw 55 SC

Headnote :

Section 531 of the Criminal Procedure Code, 1898 states that no finding, sentence, or order from any criminal court shall be overturned solely because the inquiry, trial, or other proceedings occurred in an incorrect sessions division, district, subdivision, or local area, unless it is shown that su...

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Onkar Nath & Ors Vs. The Delhi Administration [1977] INSC 56 (15 February 1977)

Judgement Date : 15 Feb 1977

Citation : 1977 Latest Caselaw 56 SC

Headnote :

On May 5, 1974, during a meeting at Tughlakabad Railway Station Yard, the appellants, who were leaders of the Northern Railwaymen\'s Union, were convicted by the Metropolitan Magistrate for allegedly inciting workers to strike starting May 8, 1974. They were found guilty under Rules 118 and 119 of t...

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Raj Rani & ANR Vs. Kailash Chand & ANR [1977] INSC 57 (17 February 1977)

Judgement Date : 17 Feb 1977

Citation : 1977 Latest Caselaw 57 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The suit property of one Kalyan Chand in the joint possession of Shital Prasad (son 1/3), Bansidar (great grandson 1/3) and Sheo Shankar Sangamlal and Kripa Shankar (1/9+1/9+1/9 grandsons) was mortgaged by Sheo Shanker, Sangamlal and Bansidhar acting on their own behalf and allegedly on behalf of Kr...

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Kesheorao Vs. Narnarayan & ANR [1977] INSC 58 (17 February 1977)

Judgement Date : 17 Mar 1977

Citation : 1977 Latest Caselaw 58 SC

Constitution of India

Headnote :

Respondent No. 1 landlord after his father's death and during his minority let out the agricultural land in dispute to the appellant tenant through his mother for one year. After the expiry of the lease period the tenant refused to deliver possession of the field. The mother filed a suit for...

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Govt. of Andhra Pradesh & ANR Vs. Anne Venkatesware [1977] INSC 59 (17 February 1977)

Judgement Date : 17 Feb 1977

Citation : 1977 Latest Caselaw 59 SC

CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
Indian Penal Code, 1860 (IPC)

Headnote :

The cross appeals arose from two writ petitions filed by A.V. Rao and N. V. Krishnaiah in the High Court. A.V. Rao's case was that while he was already in preventive detention. on December 18. 1969. a First Information Report was lodged against him in connection with some Sessions cases. Some...

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Munshi & Ors Vs. Richpal & Ors [1977] INSC 60 (17 February 1977)

Judgement Date : 17 Feb 1977

Citation : 1977 Latest Caselaw 60 SC

Limitation Act, 1963
Pepsu Tenancy and Agricultural Lands Act, 1955
Pepsu Tenancy and Agricultural Lands Act, 1955
Punjab Pre-Emption Act, 1913
Punjab Pre-emption Act, 1913
Punjab Pre-Emption Act, 1913
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Headnote :

Section 7 of the Pepsu Tenancy and Agricultural Lands Act, 1955, which deals with termination of tenancy, provides that no tenancy shall be 'terminated except on any of the grounds mentioned in the section. Section 7 gives additional grounds for termination of tenancy in certain cases. Respon...

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Rana Sheo Ambar Singh Vs. Allahabad Bank Ltd. [1977] INSC 61 (18 February 1977)

Judgement Date : 18 Feb 1977

Citation : 1977 Latest Caselaw 61 SC

Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
Transfer of Property Act, 1882

Headnote :

In Rana Sheo Ambar Singh v. Allahabad Bank Ltd., Allahabad (1962) 2 SCR p.441, this Court held that the respondent could not enforce his rights under the mortgage by the sale of the new Bhumidari rights created in favour of the mortgagor by s. 18 of the U.P. Zamindari Abolition and Land Reforms Act,...

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Commissioner of Income Taxgujarat Iii, Ahmedabad & ANR Vs. Kurji Jinabhai Kotecha [1977] INSC 62 (18 February 1977)

Judgement Date : 18 Feb 1977

Citation : 1977 Latest Caselaw 62 SC

Forward Contracts (Regulation) Act, 1952

Headnote :

The assessee carries on business of running Oil Mill and dealing in groundnuts, groundnut seeds and oil, speculative business in groundnuts, groundnut oil and groundnut seeds, and speculation business in cotton errands etc. The I.T.O. disallowed loss in forward contracts and groundnut oil, ground...

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Employees State Insurance Corporation,Bhopal Vs. Central Press & ANR [1977] INSC 63 (21 February 1977)

Judgement Date : 21 Feb 1977

Citation : 1977 Latest Caselaw 63 SC

Headnote :

Section 75(1)(c) of the Employees State Insurance Act 1948 makes it obligatory on the Insurance Court to decide "the rate of contribution payable by a principal employer in respect of any employees" if such question or dispute arises. Section 75(2) also provides that "the claim for th...

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Chander Bhan Harbhajan Lal Vs. State of Punjab [1977] INSC 64 (22 February 1977)

Judgement Date : 22 Feb 1977

Citation : 1977 Latest Caselaw 64 SC

Headnote :

The parties entered into an agreement for the execution of some construction work. An arbitration clause in the agreement stipulated that if disputes arose, the matter would be referred to a Settlement Committee to be appointed by the State Government. A dispute arose, and a Settlement Committee was...

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Vice-Chancellor, Jammu University & ANR Vs. Dushiant Kumar Rampal [1977] INSC 65 (23 February 1977)

Judgement Date : 23 Feb 1977

Citation : 1977 Latest Caselaw 65 SC

Headnote :

The Jammu and Kashmir University, which was a university constituted under the Jammu and Kashmir University Act, 1965, was bifurcated into two universities-one for Jammu area and the other for Kashmir area--by an act called the Jammu and Kashmir Universities Act, 1969. Statute 2 made under the 1965-...

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Sunder Dass Vs. Ram Prakash [1977] INSC 66 (24 February 1977)

Judgement Date : 24 Feb 1977

Citation : 1977 Latest Caselaw 66 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Kiran Singh & Ors Vs. Chaman Paswan & Ors [1954] INSC 43 (14 April 1954)

Headnote :

The appellant purchased in a public auction a building which was evacuee property. Before the sale certificate was made out in favour of the appellant, the-possession of the building was handed over to him. He in turn let out a shop in the said building to the respondent. The appellant filed a suit...

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State of Maharashtra Vs. Hans Raj Depar [1977] INSC 67 (25 February 1977)

Judgement Date : 25 Feb 1977

Citation : 1977 Latest Caselaw 67 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

Clause 3(a) of the Maharashtra Scheduled Articles (Display and Marking of Prices) Order, 1966, issued by the Maharashtra Government under the authority of sections 3 and 5 of the Essential Commodities Act (Act 10 of 1955), states that \"every dealer must display a list of prices for the articles lis...

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Bhagabandas Agarwalla Vs. Bhagwandas Kanu & Ors [1977] INSC 68 (25 February 1977)

Judgement Date : 25 Feb 1977

Citation : 1977 Latest Caselaw 68 SC

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

Headnote :

The appellant initiated legal proceedings to evict his tenant, Bhagwandas Kanu, after serving them with a notice to vacate.The Trial Court rejected the suit; however, upon appeal, the First Appellate Court issued a decree for eviction against the respondents. In a subsequent appeal to the High Court...

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Rajendra Prasad Vs. State of Bihar [1977] INSC 69 (25 February 1977)

Judgement Date : 25 Mar 1977

Citation : 1977 Latest Caselaw 69 SC

CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

P.W. 9 Sabir, approximately 18 years old, visited the home of Lala (the deceased), who provided physical training and swimming lessons to young boys, and asked Lala to accompany him to the riverbank. While Lala was brushing his teeth and washing his face, the appellant arrived with 4 or 5 accomplice...

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