Caselaw | Supreme Court Judgements of march 1977

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Straw Board Mfg. Co Ltd. Vs. The Workmen [1977] INSC 70 (1 March 1977)

Judgement Date : 01 Mar 1977

Citation : 1977 Latest Caselaw 70 SC

Payment of Gratuity Act, 1972

Headnote :

In a labor dispute between the appellant mill and its employees concerning gratuity payments, the Industrial Tribunal established a gratuity scheme and provided guidelines for its execution. The Court granted special leave to the appellant to address the specific issue of whether the correct princip...

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Assessing Authority, Patiala District Patiala and ors. Vs. M/S. Patiala Biscuits Mfg. Co. Now As Dalmiabiscuit Pvt. Lt [1977] INSC 71 (1 March 1977)

Judgement Date : 01 Mar 1977

Citation : 1977 Latest Caselaw 71 SC

Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Rules, 1949

Headnote :

According to section 5(2)(a)(ii) of the Punjab General Sales Tax Act, 1948, taxable turnover refers to the portion of a dealer\'s gross turnover during a specific period that remains after subtracting the turnover from sales made to a registered dealer, provided that the goods are declared by the de...

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Vasudeo Kulkarni Vs. Suryakant Bhatt & ANR [1977] INSC 72 (2 March 1977)

Judgement Date : 02 Mar 1977

Citation : 1977 Latest Caselaw 72 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine

Headnote :

The appellant was a lawyer, and the complainant (the first respondent) worked as his junior. The appellant had been retained as counsel in various cases by the complainant\'s father. He provided statements of accounts to the complainant\'s father detailing the expenses incurred in the lawsuits. Afte...

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National Co. Ltd. Calcutta Vs. Deputy Director Tax Credit (Exports) Calcutta & Ors [1977] INSC 73 (3 March 1977)

Judgement Date : 03 Mar 1977

Citation : 1977 Latest Caselaw 73 SC

Headnote :

The jute carpet backing cloth produced by the appellant in its jute mills and exported fell under Item 1 in column 2, which described \"goods made of jute not otherwise specified\" in the Table attached to the Tax Credit Certificate (Exports) Scheme of 1965. Notifications issued by the Central Gover...

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State U.P. & Ors Vs. M/S. Indian Hume Pipe Co. Ltd. [1977] INSC 74 (3 March 1977)

Judgement Date : 03 Mar 1977

Citation : 1977 Latest Caselaw 74 SC

Constitution of India

Headnote :

The respondent is engaged in the manufacturing and sale of hume pipes, as well as high-quality, high-pressure pipes, specifically reinforced concrete pipes. A notification from the U.P. Government under the U.P. Sales Tax Act stated that \"sanitary fittings\" would be taxed at 7 percent instead of t...

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State Karnataka Vs. L. Muniswamy & Ors [1977] INSC 75 (3 March 1977)

Judgement Date : 03 Mar 1977

Citation : 1977 Latest Caselaw 75 SC

CrPC Section 227. Discharge
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellants, identified as Nos. 10, 13, 14, 15, and 17 to 20, are facing trial in the Sessions Court for various offenses, including sections 324, 326, and 307 in conjunction with section 34 of the Penal Code. On August 8, 1975, while discharging accused Nos. 11, 12, and 16 under section 227 of t...

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State Rajasthan Vs. Ramdeen & Ors [1977] INSC 76 (4 March 1977)

Judgement Date : 04 Mar 1977

Citation : 1977 Latest Caselaw 76 SC

CrPC Section 378. Appeal in case of acquittal
CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 11. Person
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
Limitation Act, 1963

Headnote :

The State submitted an application pursuant to section 378(3) of the Cr.P.C, 1973, seeking permission to appeal against the acquittal of the respondents on charges under sections 302 and 302/149 of the I.P.C. Although the application was made under section 378(3), it included all the necessary eleme...

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Palaniappa Gounder Vs. State Tamil Nadu & Ors [1977] INSC 77 (4 March 1977)

Judgement Date : 04 Mar 1977

Citation : 1977 Latest Caselaw 77 SC

Criminal Procedure Code, 1973
CrPC Section 2. Definitions
CrPC Section 357. Order to pay compensation
CrPC Section 482. Saving of inherent power of High Court
Fatal Accidents Act, 1855
IPC Section 302. Punishment for murder

Headnote :

The appellant was found guilty by the Sessions Judge in Salem for an offense under section 302 of the Indian Penal Code and was sentenced to death. The High Court later altered the death sentence to life imprisonment. However, utilizing its authority under section 367(4) of the Criminal Procedure Co...

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StateWest Bengal & Ors Vs. Washi Ahmed [1977] INSC 78 (7 March 1977)

Judgement Date : 07 Mar 1977

Citation : 1977 Latest Caselaw 78 SC

Headnote :

Section 6(1) of the Bengal Finance (Sales Tax) Act of 1941 provides an exemption from tax for \"vegetables, green or dried, commonly referred to as subji, tarkari, or sak\" when they are not sold in sealed containers. The Sales Tax Authorities imposed sales tax on \"green ginger\" sold by the respon...

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Ashok Kumar Vs. State (Delhi Administration) [1977] INSC 79 (7 March 1977)

Judgement Date : 07 Mar 1977

Citation : 1977 Latest Caselaw 79 SC

CrPC Section 288. Return of commissions
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 376. Punishment for rape

Headnote :

The appellant was found guilty under section 302/34 of the Indian Penal Code and received a sentence. The statements of two witnesses recorded in the committing court were included in the trial record under section 288 of the Cr. P.C., and the trial court considered their evidence as substantive. Th...

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Vanguard Rolling Shutters and Steel Works Ltd. Vs. Commissioner Sales Tax, U.P [1977] INSC 80 (8 March 1977)

Judgement Date : 08 Mar 1977

Citation : 1977 Latest Caselaw 80 SC

Headnote :

The assessee, a manufacturer of iron shutters, produces various parts and components which are then assembled into shutters. These shutters are customized to meet the specific needs of the customer and are installed at the customer\'s location. Although the masonry work required for the installation...

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Roshan-Di-Hatti Vs. Commissioner Income Tax [1977] INSC 81 (8 March 1977)

Judgement Date : 08 Mar 1977

Citation : 1977 Latest Caselaw 81 SC

Headnote :

The assessee, a Hindu Undivided Family, was engaged in the gold and jewellery business in Lahore until June 1947.Due to the impending partition of India, Roshan Lal decided to leave Lahore and transferred amounts of Rs. 12,094/-, Rs. 13,000/-, and Rs. 6,000/- from banks in Lahore to banks in New Del...

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Shiv Mohan Singh Vs. State (Delhi Administration) [1977] INSC 82 (10 March 1977)

Judgement Date : 10 Mar 1977

Citation : 1977 Latest Caselaw 82 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner was found guilty under section 302 of the Indian Penal Code and sentenced to death by the trial court, a decision that was upheld by the High Court. The Special Leave application to this Court was rejected. Following this, a petition for rehearing and a review petition were also dismi...

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Bata Shoe Co. Vs. City Jabalpur Corporation [1977] INSC 83 (11 March 1977)

Judgement Date : 11 Mar 1977

Citation : 1977 Latest Caselaw 83 SC

Punjab Municipal Act, 1911

Headnote :

The Central Provinces and Berar Municipalities Act of 1922 grants municipalities the authority to assess and collect octroi duty on goods brought into their jurisdiction for sale, consumption, or use. According to the Act, individuals can appeal against assessments, levies, or refusals to refund tax...

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Indian Performing Right Society Ltd. Vs. Eastern India Motion Pictures Association [1977] INSC 84 (14 March 1977)

Judgement Date : 14 Mar 1977

Citation : 1977 Latest Caselaw 84 SC

Copyright Act, 1957

Headnote :

The appellant society was established under section 2(r) of the Copyright Act, 1957 (Act 14 of 1957) in Maharashtra on August 23, 1969, as a company limited by guarantee. Its purpose is to conduct business in India by issuing or granting licenses for the public performance of all existing and future...

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Satbir Singh & ANR Vs. State Punjab [1977] INSC 85 (14 March 1977)

Judgement Date : 14 Mar 1977

Citation : 1977 Latest Caselaw 85 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
IPC Section 364. Kidnapping or abducting in order to murder

Headnote :

All the defendants were charged with offenses under sections 302/120B and 364 of the Indian Penal Code (I.P.C.), but were acquitted by the Additional Sessions Judge in Amritsar. Following the State\'s appeal against the acquittal, the High Court found five of the defendants (Satbir Singh, Paramjit S...

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State Kerala Vs. K.T. Shaduli Yusuff [1977] INSC 86 (15 March 1977)

Judgement Date : 15 Mar 1977

Citation : 1977 Latest Caselaw 86 SC

Kerala General Sales Tax Act, 1963

Headnote :

Section 17(3) of the Kerala General Sales Tax Act of 1963 states that if the return submitted by a taxpayer is found to be incorrect or incomplete, the assessing authority has the discretion to assess the dealer based on its best judgment. The proviso to this subsection mandates that before any acti...

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Commissioner Income Tax, West Bengal Vs. Tolly gunge Club Ltd. [1977] INSC 87 (15 March 1977)

Judgement Date : 15 Mar 1977

Citation : 1977 Latest Caselaw 87 SC

Headnote :

The assessee was a company limited by guarantee that owned a social and sports club, which included activities such as conducting horse races with amateur riders.The club charged an admission fee of 10 for entry into its enclosure, applicable to both guests introduced by club members and the general...

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M.L. Manchanda & Ors Vs. Union Territory Chandigarh & Ors [1977] INSC 88 (17 March 1977)

Judgement Date : 17 Mar 1977

Citation : 1977 Latest Caselaw 88 SC

Punjab Industrial Housing Act, 1956
Punjab Industrial Housing Act, 1956
Punjab Industrial Housing Rules, 1956

Headnote :

The appellants and respondents Nos. 3 to 37 were recipients of houses in Chandigarh, built by the State Government for low-income industrial workers under the Industrial Housing Scheme, which was subsidized by the Central Government. The Labour Inspector of the Union Territory of Chandigarh issued n...

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Busching Schmitz Private Ltd. Vs. P.T. Menghani & ANR [1977] INSC 89 (17 March 1977)

Judgement Date : 17 Mar 1977

Citation : 1977 Latest Caselaw 89 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The first respondent, a landlord, rented out his building to the appellant, a company, for business operations and to accommodate its manager. The landlord was residing in government-allotted residential premises.Following the amendment of the Delhi Rent Control Act, 1958, by Ordinance 24 of 1975, w...

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V. Tulasamma & Ors Vs. V. Sesha Reddi [1977] INSC 90 (17 March 1977)

Judgement Date : 17 Mar 1977

Citation : 1977 Latest Caselaw 90 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956

Naraini Devi Vs. Smt. Ramo Devi & Ors [1975] INSC 325 (18 December 1975)

Headnote :

Section 14(1) of the Hindu Succession Act, 1956 states that \"any property owned by a female Hindu, whether acquired prior to or after the enactment of the Act, shall be regarded as fully owned by her and not as a limited owner.\" The explanation to this subsection clarifies that \"property\" encomp...

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Radhakrishna Agarwal & Ors Vs. State Bihar & Ors [1977] INSC 91 (17 March 1977)

Judgement Date : 17 Mar 1977

Citation : 1977 Latest Caselaw 91 SC

Constitution of India

Headnote :

In 1970, a contract known as a \"lease\" was established between the respondent State and the appellants for the collection and exploitation of salseeds from a forest area. According to Clause (3) of the written contract, which was executed in compliance with Article 299 of the Constitution, the roy...

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Cox & Kings (Agents) Ltd. Vs. Their Workmen & Ors [1977] INSC 92 (18 March 1977)

Judgement Date : 18 Mar 1977

Citation : 1977 Latest Caselaw 92 SC

Industrial Disputes Act, 1947

Headnote :

The term \'Award\' is defined in section 2(b) of the Industrial Disputes Act, 1947 as either an interim or final resolution of any industrial dispute or related question by a Labour Court. Section 10 outlines the issues that can be referred to a Labour Court for adjudication, stating in subsection (...

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Moti Natwarlal & Ors Vs. Raghavayya Nagindas & Co [1977] INSC 93 (21 March 1977)

Judgement Date : 21 Mar 1977

Citation : 1977 Latest Caselaw 93 SC

Bombay City Civil Court Act, 1948
Government of India Act, 1935

Headnote :

Certain properties owned by the appellants were seized by the City Civil Court in Bombay as part of executing a decree. The appellants hired the respondent law firm, which, through a Vakalat executed in their favor, agreed to represent them in the City Civil Court. The respondents filed three Chambe...

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Board Trustee The Port Bombay Vs. Indian Goods Supplying Co. [1977] INSC 94 (21 March 1977)

Judgement Date : 21 Mar 1977

Citation : 1977 Latest Caselaw 94 SC

Headnote :

The appellant, a statutory entity, established the rates for demurrage of goods under section 43(a) of the Bombay Port Trust Act of 1879, which received approval from the Central Government. Subsequently, in a D.O. letter dated September 7, 1952, the Central Government conveyed to the appellant that...

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Teg Singh & Ors Vs. Charan Singh & ANR [1977] INSC 95 (23 March 1977)

Judgement Date : 23 Mar 1977

Citation : 1977 Latest Caselaw 95 SC

Hindu Succession Act, 1956

Giani Ram & Ors Vs. Ramji Lal & Ors [1969] INSC 73 (11 March 1969)

Headnote :

Section 7 of the Punjab Customs (Power to Contest) Act, 1920 stated that no individual could challenge any transfer of non-ancestral immovable property on the basis that such transfer violated customary law. However, Section 3 of Amendment Act 12 of 1973 revised Section 7, resulting in the inability...

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Chetsingh Vs. State Punjab & Ors [1977] INSC 96 (24 March 1977)

Judgement Date : 24 Mar 1977

Citation : 1977 Latest Caselaw 96 SC

Constitution of India

Headnote :

Gurdev Singh had specific grievances regarding the Consolidation Scheme. He was absent during the consideration of his application, which led to its dismissal by the Additional Director of Consolidation. Subsequently, Gurdev Singh, referred to as respondent No. 3, submitted a restoration application...

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M.V. Kuriakose Vs. The StateKerala & Ors [1977] INSC 97 (25 March 1977)

Judgement Date : 25 Mar 1977

Citation : 1977 Latest Caselaw 97 SC

Constitution of India
Road Transport Corporations Act, 1950

Headnote :

The appellant was a mechanic employed by the former Transport Department of the Kerala State. He later became an employee of the Kerala State Transport Corporation when it was established in March 1965. In 1968, a settlement was reached between the Corporation and its employees, stipulating that a \...

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Pushpabai Purshottam Udeshi & Ors Vs. Ranjit Ginning & Pressing Co. (P) Ltd. & ANR [1977] INSC 98 (25 March 1977)

Judgement Date : 25 Mar 1977

Citation : 1977 Latest Caselaw 98 SC

Motor Vehicles Act, 1939

Headnote :

Purshottam Udeshi was a passenger in a car driven by the manager of the first respondent company. The vehicle was insured by the second respondent. While traveling from Nagpur to Pandurna, the car collided with a tree.At the time of the accident, Purshottam was 58 years old and tragically lost his l...

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Shaik Abdul Azeez Vs. StateKarnataka [1977] INSC 99 (28 March 1977)

Judgement Date : 28 Mar 1977

Citation : 1977 Latest Caselaw 99 SC

CrPC Section 401. High Court’s powers of revision
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 303. Punishment for murder by life-convict
IPC Section 358. Assault or criminal force on grave provocation
IPC Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction
Representation of the People Act, 1951

Headnote :

Section 303 of the Indian Penal Code (I.P.C.) states that \"whoever, while serving a life sentence, commits murder shall be punished with death.\" The appellant was convicted of murder on July 26, 1961, by the High Court of Mysore for an offense committed on December 3, 1959, and was sentenced to li...

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Lakshmi Chand Khajuria & Ors Vs. Smt. Ishroo Devi [1977] INSC 100 (31 March 1977)

Judgement Date : 31 Mar 1977

Citation : 1977 Latest Caselaw 100 SC

Hindu Succession Act, 1956

Headnote :

Based on a Will dated May 25, 1959, created in her favor by Purohit Mani Ram, the respondent, Smt. Ishroo Devi, initiated a lawsuit to recover the specified property mentioned in the plaint. In her complaint, she claimed that the appellants (A-1, son; A-2, wife; and A-3, granddaughter of Purohit Man...

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