Caselaw | Supreme Court Judgements of august 1978

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Badri Prasad Vs. Dy. Directorof Consolidation & Ors [1978] INSC 119 (1 August 1978)

Judgement Date : 01 Aug 1978

Citation : 1978 Latest Caselaw 119 SC

Headnote :

The Court dismissed the special leave petition and stated: If a man and woman have lived together as husband and wife for fifty years, it is unreasonable to expect them to provide eyewitness evidence to prove their marriage from half a century ago; very few would be able to do so. A strong presumpti...

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Rani Ratnesh Kumari Vs. State of U.P. & Ors [1978] INSC 120 (2 August 1978)

Judgement Date : 02 Aug 1978

Citation : 1978 Latest Caselaw 120 SC

U.P. Land Revenue Act, 1901
U.P. Zamindari Abolition and Land Reforms Act, 1950

Headnote :

The Manchhanna taluqa, also known as Mainpuri Raj, was part of the Mainpuri district in Uttar Pradesh. Originally, this district was under the control of the Nawab Wazir of Oudh, who transferred it to the East India Company in 1801. At that time, Raja Dalel Singh, the ancestor of the appellant, owne...

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Life Insurance Corporationof India Vs. Rajmata Saheb Chowhanji & Ors [1978] INSC 121 (2 August 1978)

Judgement Date : 02 Aug 1978

Citation : 1978 Latest Caselaw 121 SC

Life Insurance Corporation Act, 1956

Headnote :

The plaintiff-respondent initiated a lawsuit to recover Rs. 2 lakhs that he had invested in the Adarsh Bima Company, which was subsequently acquired by the appellant (defendant no. 3). The plaintiff alleged that the managing director of Adarsh Bima Company had committed fraud and misrepresentation b...

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Lingala Vijayakumar & Ors Vs. Public Prosecutor, Andhra Pradesh [1978] INSC 122 (2 August 1978)

Judgement Date : 02 Aug 1978

Citation : 1978 Latest Caselaw 122 SC

Criminal Procedure Code, 1973
CrPC Section 377. Appeal by the State Government against sentence
Indian Penal Code, 1860 (IPC)
IPC Section 395. Punishment for dacoity

Headnote :

The appellants were properly prosecuted, found guilty, and sentenced to 2.5 years of rigorous imprisonment each for the crime of robbing the State Bank through dacoity. Appeals from both the defendants and the State resulted in the sentence being increased to seven years of rigorous imprisonment for...

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High Courtof Andhra Pradesh & Ors Vs. V. S. Krishnamurthy & Ors [1978] INSC 123 (4 August 1978)

Judgement Date : 04 Aug 1978

Citation : 1978 Latest Caselaw 123 SC

Constitution of India
Government of India Act, 1935

Tara Singh Vs. State of Rajasthan & Ors [1975] INSC 77 (19 March 1975)
Tara Singh Vs. The State [1951] INSC39 (1 June 1951)

Headnote :

Article 371-D (3), introduced by the Constitution (Thirty-Second Amendment) Act of 1973, grants the President the authority to establish an Administrative Tribunal for the State of Andhra Pradesh. This Tribunal is empowered to exercise the jurisdiction, powers, and authority that were previously hel...

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Lakshmi Ammal Vs. Madhavakrishnan (K. N.) & Ors [1978] INSC 124 (7 August 1978)

Judgement Date : 07 Aug 1978

Citation : 1978 Latest Caselaw 124 SC

Headnote :

The appellant submitted the appropriate court fee in accordance with Section 37(2) of the Madras Court Fees and Suits Valuation Act, explicitly stating in paragraph 14 of the plaint that she is in joint possession and is requesting partition and separate possession of her half share in the propertie...

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Babbar Sewing Machine Co. Vs. Trilok Nath Mahajan [1978] INSC 125 (7 August 1978)

Judgement Date : 07 Aug 1978

Citation : 1978 Latest Caselaw 125 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The plaintiff-respondent, claiming to be the assignee of a debt under a deed dated April 27, 1965, initiated a lawsuit against the defendant-appellant to recover a sum allegedly owed to M/s Chitra Multipurpose Cooperative Society, the assignor. Following an interlocutory application filed by the res...

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Royal Talkies, Hyderabad & Ors Vs. Employees State Insurance Corp [1978] INSC 126 (9 August 1978)

Judgement Date : 09 Aug 1978

Citation : 1978 Latest Caselaw 126 SC

Headnote :

The appellants own theaters in the twin cities of Hyderabad and Secunderabad, where films are shown. Each theater has a canteen and a cycle stand on the premises, which are leased to contractors through lease agreements. These contractors hire their own staff to operate the canteen and cycle stand....

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Delhi Administration Vs. Stateof Haryana & Ors [1978] INSC 127 (9 August 1978)

Judgement Date : 08 Aug 1978

Citation : 1978 Latest Caselaw 127 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

Approximately 30 years ago, the governments of Punjab and Delhi entered into an agreement to operate public service vehicles on routes that spanned both states, ensuring that each route had one terminus in one state and the other in the other state. According to this agreement, one government would...

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P.Vijayapal Reddy & Ors Vs. Governmentof India [1978] INSC 128 (10 August 1978)

Judgement Date : 10 Aug 1978

Citation : 1978 Latest Caselaw 128 SC

Criminal Procedure Code, 1973
CrPC Section 48. Pursuit of offenders into other jurisdictions
CrPC Section 482. Saving of inherent power of High Court

Headnote :

\"Shahabad Stones\" are classified under Item 15 in Schedule I to Rule 10 of the Andhra Pradesh Minor Mineral Concession Rules of 1966. The appellants, who are directors of Tandur and Navandgi Stone Quarries (Pvt.) Ltd. and possess a mining lease for the extraction of lime stones (referred to as Sha...

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Deena @ Deen Dayal Vs. Stateof Uttar Pradesh [1978] INSC 129 (11 August 1978)

Judgement Date : 11 Aug 1978

Citation : 1978 Latest Caselaw 129 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was convicted of an offense under section 302 of the Indian Penal Code (I.P.C.) and was serving a life sentence. He was granted bail, during which time he murdered a witness from the previous murder case. The Sessions Court found him guilty of this new crime and sentenced him to death....

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Stateof Rajasthan Vs. Rao Raja Sardar Singh [1978] INSC 130 (11 August 1978)

Judgement Date : 11 Aug 1978

Citation : 1978 Latest Caselaw 130 SC

Rajasthan Land Revenue Act 1956

Headnote :

The Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 outlines a detailed framework for the resumption of jagir lands and other land reform measures. It includes provisions for determining the amount of dues and debts that the State can recover from the Jagirdar concerning the jagir lands, w...

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Firm Sardarilal Vlshwanath & Ors Vs. Pritam Singh [1978] INSC 131 (14 August 1978)

Judgement Date : 14 Aug 1978

Citation : 1978 Latest Caselaw 131 SC

Andhra Pradesh Buildings (Lease, Rent And Eviction) Control Act, 1960
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 111. TPA, Determination of lease.
Section 116. TPA, Effect of holding over.
Transfer of Property Act, 1882

Mangilal Vs. Suganchand Rathi [1963] INSC 213 (24 October 1963)
Ganga Dutt Murarka Vs. Kartik Chandra Das & Ors [1961] INSC 46 (10 February 1961)

Headnote :

The appellant company leased the premises for 11 months, and after the lease expired, it remained in possession and became a statutory tenant. The landlord, the respondent, initiated an eviction action against the appellant under section 13 of the East Punjab Rent Restriction Act, 1949, without prov...

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Chandran Vs. Stateof Tamil Nadu [1978] INSC 132 (16 August 1978)

Judgement Date : 16 Aug 1978

Citation : 1978 Latest Caselaw 132 SC

CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 379. Punishment for theft

Headnote :

The deceased was an elderly, affluent widow who lived alone and consistently adorned herself with valuable jewelry. The prosecution claimed that the appellant, a former servant of hers, along with two accomplices, lured her into a nearby field with the intent to rob her of her jewels, ultimately mur...

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Stateof Maharashtra & Ors Vs. Atma Ram Sadashiv Dongarwar & Ors [1978] INSC 133 (16 August 1978)

Judgement Date : 16 Aug 1978

Citation : 1978 Latest Caselaw 133 SC

State of Punjab Vs. Mohar Singh [1954] INSC 95 (20 October 1954)

Headnote :

The respondents are former owners and current occupants of agricultural land in their Malguzari villages located in Sakoli Tahsil, District Bhandara, Maharashtra. For the past three hundred years, since the construction of the Navegaon Bandh reservoir by Kawdu Patel, these landholders, including the...

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Lakshmi Narain & Ors Vs. District Excise Officer, Fatehpur & Ors [1978] INSC 134 (16 August 1978)

Judgement Date : 16 Aug 1978

Citation : 1978 Latest Caselaw 134 SC

Constitution of India
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914

Headnote :

The petitioners, who held licenses for the sale of liquor, contested the legality of the regulation.Upon dismissing the writ petition, the court ruled: 1. Since Rule 13B of the U.P. Excise Rules is comparable to Rule 37 of the Punjab Liquor License Rules of 1956, the ruling in P. N. Kaushal v. Union...

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Sham Lal Vs. Iunionof India & Ors [1978] INSC 135 (16 August 1978)

Judgement Date : 16 Aug 1978

Citation : 1978 Latest Caselaw 135 SC

Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914

Headnote :

Rule 37 of the Punjab Liquor Licence Rules 1956, as amended by the State of Haryana, designates the 1st and 7th of each month as holidays for liquor stores. The petitioners challenged its legality.The writ petitions were dismissed:

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P. N. Kaushal Vs. Unionof India [1978] INSC 136 (16 August 1978)

Judgement Date : 16 Aug 1978

Citation : 1978 Latest Caselaw 136 SC

Constitution of India
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914

Headnote :

The Punjab Excise Act of 1914 allows for the issuance of licenses for the sale of both Indian foreign and country liquor.According to Section 59(f)(v) of the Act, the authorities are empowered to determine the specific days when licensed establishments may operate for liquor sales, as well as to man...

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Election Commissionof India Vs. N.G. Ranga & Ors [1978] INSC 137 (17 August 1978)

Judgement Date : 17 Aug 1978

Citation : 1978 Latest Caselaw 137 SC

Constitution of India

Headnote :

Constitution of India, 1950, Articles 84, 101, 102.103(2) and 104 - Scope of - Powers of the Election Commission as outlined in Sections 10A, 146 (1) (2) of the Representation of the People Act, in conjunction with Article 103 (2) of the Constitution.Respondent No. 2, a voter from the Srikakulam Con...

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Madhav Hayawadanrao Hoskot Vs. Stateof Maharashtra [1978] INSC 138 (17 August 1978)

Judgement Date : 17 Aug 1978

Citation : 1978 Latest Caselaw 138 SC

Constitution of India
CrPC Section 304. Legal aid to accused at State expense in certain cases
CrPC Section 388. Order of high Court on appeal to be certified to lower court

Headnote :

According to Section 363(1) of the Criminal Procedure Code, 1973, \"when an accused is sentenced to imprisonment, a copy of the judgment must be provided to him free of charge immediately after the judgment is pronounced.\" Section 363(2) states that \"upon the request of the accused, a certified co...

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Stateof Kerala Vs. Mathew M. M. & ANR [1978] INSC 139 (18 August 1978)

Judgement Date : 18 Aug 1978

Citation : 1978 Latest Caselaw 139 SC

Headnote :

During a surprise raid conducted by the Intelligence Wing of the Sales Tax Authorities to verify the accounts of the respondents regarding their sales tax returns submitted on the 18th of February, March, and April 1969, respondent No. 1 presented several accounting records, including current notebo...

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R.G Anand Vs. M/S. Delux Films & Ors [1978] INSC 140 (18 August 1978)

Judgement Date : 18 Aug 1978

Citation : 1978 Latest Caselaw 140 SC

Headnote :

The appellant-plaintiff is a playwright, dramatist, and producer of stage plays who has authored and produced several works. The focus of this appeal is on his play titled \"Hum Hindustani,\" which he wrote in 1953 and staged in 1954, gaining popularity thereafter. In November 1954, the appellant re...

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Banarsi Dass Chadha & Bros. Vs. L.T. Governor, Delhi Admn. & Ors [1978] INSC 141 (21 August 1978)

Judgement Date : 21 Aug 1978

Citation : 1978 Latest Caselaw 141 SC

Headnote :

Section 3(e) of the Mines and Mineral (Regulation and Development) Act, 1957 defines \"Minor Mineral\" to include building stones, gravel, ordinary clay, ordinary sand (excluding sand designated for specific uses), and any other mineral that the Central Government may declare as a minor mineral thro...

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Stateof U.P. Vs. Boota Singh & Ors [1978] INSC 142 (22 August 1978)

Judgement Date : 22 Aug 1978

Citation : 1978 Latest Caselaw 142 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Three of the four individuals accused were related, while the fourth was a friend. One of them made an arrangement to buy land but struggled to finance the deal. The prosecution claimed that they conspired to acquire money through both legal and illegal means, devising a plan to hire a taxi, take co...

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Hindustan Sugar Mills Vs. Stateof Rajasthan & Ors [1978] INSC 143 (22 August 1978)

Judgement Date : 22 Aug 1978

Citation : 1978 Latest Caselaw 143 SC

Central Sales Tax Act, 1956
Industries (Development and Regulation) Act, 1951

Headnote :

The appellant, who owned a cement factory named Udaipur Cement Works located in Udaipur, was subject to the Cement Control Order of 1967 during the assessment years 1971-72 and 1972-73. This order was issued by the Central Government under the authority of Sections 18 and 25 of the Industries (Devel...

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Hareram Satpathy Vs. Tikaram Agar W Ala & Ors [1978] INSC 144 (24 August 1978)

Judgement Date : 24 Aug 1978

Citation : 1978 Latest Caselaw 144 SC

CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 202. Postponement of issue of process
CrPC Section 227. Discharge
CrPC Section 401. High Court’s powers of revision
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Sanjay Gandhi Vs. Union of India & Ors [1978] INSC 27 (14 February 1978)

Headnote :

On November 27, 1974, Parsuram Satpathy, the brother of the appellant, sought assistance and protection from the officer-in-charge of the Ballangir police station, claiming that there was a conspiracy to murder him. Two days later, on November 29, 1974, the appellant filed a First Information Report...

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Moti Ram & Ors Vs. Stateof M.P [1978] INSC 145 (24 August 1978)

Judgement Date : 24 Aug 1978

Citation : 1978 Latest Caselaw 145 SC

CrPC Section 436. In what cases bail to be taken

Headnote :

In accordance with the Supreme Court\'s directive to release the petitioner-appellant \"on bail to the satisfaction of the Chief Judicial Magistrate,\" the Magistrate required a surety of Rs. 10,000/-. When the petitioner provided one, the Magistrate issued an unusual order, refusing to accept the s...

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U.P. State Electricity Board & Ors Vs. Hari Shanker Jain & Ors [1978] INSC 146 (28 August 1978)

Judgement Date : 28 Aug 1978

Citation : 1978 Latest Caselaw 146 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The respondents were two workers who were initially employed by M/s Seth Ram Gopal and Partners, who held a license for electricity distribution under the Electricity Act of 1910.Certified Standing Orders existed for the industrial establishment of these licensees; however, they did not specify a re...

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Gujarat State Financial Corporation Vs. M/S. Natson Manufacturing Co. (P) Ltd. & Ors [1978] INSC 147 (29 August 1978)

Judgement Date : 29 Aug 1978

Citation : 1978 Latest Caselaw 147 SC

Code of Civil Procedure, 1908 (CPC)
Section 69. TPA, Power of sale when valid.

Headnote :

The appellant Corporation, which provides or guarantees loans for industrial enterprises from scheduled banks, state cooperative banks, or those issued in the public market, has the right to file an application with the District Judge within whose jurisdiction the industrial enterprise conducts most...

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Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Judgement Date : 30 Aug 1978

Citation : 1978 Latest Caselaw 148 SC

Constitution of India
IPC Section 74. Limit of solitary confinement

Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
D. Bhuvan Mohan Patnaik & Ors Vs. State of Andhra Pradesh & Ors [1974] INSC 171 (9 September 1974)

Headnote :

According to Section 30(2) of the Prisons Act, any prisoner sentenced to death must be kept in a separate cell, isolated from other inmates, and must be under guard both day and night.In the case of W.P. No. 2202 of 1977, the petitioner, a death row convict, challenged his solitary confinement. His...

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Sarwan Simgh & Ors Vs. Stateof Punjab [1978] INSC 149 (30 August 1978)

Judgement Date : 30 Aug 1978

Citation : 1978 Latest Caselaw 149 SC

Criminal Procedure Code, 1973
CrPC Section 357. Order to pay compensation
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The late Mewa Singh was the brother of the two defendants, Sarwan Singh and Bachan Singh, and the paternal uncle of two other defendants, Karnail Singh and Zora Singh, who are the sons of Sarwan Singh. Malkait Singh, another defendant, is Sarwan Singh\'s son-in-law. They are therefore closely relate...

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Bhajan Singh Vs. Stateof Punjab [1978] INSC 150 (31 August 1978)

Judgement Date : 31 Aug 1978

Citation : 1978 Latest Caselaw 150 SC

Indian Penal Code, 1860 (IPC)
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 99. Act against which there is no right of private defence
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970

Headnote :

Eight individuals, including the five appellants in this case, were charged and tried for various offenses under the Penal Code, specifically for rioting while armed with deadly weapons and for causing the death of Pakhar Singh, as well as inflicting grievous and simple injuries on his wife, Pritam...

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Shiv Chand Vs. Ujagar Singh & ANR [1978] INSC 151 (31 August 1978)

Judgement Date : 31 Aug 1978

Citation : 1978 Latest Caselaw 151 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Mohan Raj Vs. Surendra Kumar Taparia & Ors [1968] INSC 187 (12 August 1968)

Headnote :

In the election petition, the appellant, who was a defeated candidate in the General Elections of June 1977, contested the election results of Respondent No. 1. The appellant made various allegations of corrupt practices against the winning candidate and also against Respondent No. 2, a duly nominat...

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Charles Sobraj Vs. The Suptd., Central Jail, Tihar, New Delhi [1978] INSC 152 (31 August 1978)

Judgement Date : 31 Aug 1978

Citation : 1978 Latest Caselaw 152 SC

Constitution of India

Mohammad Giasuddin Vs. State of Andhra Pradesh [1977] INSC 141 (6 May 1977)

Headnote :

The petitioner, a convict serving two lengthy prison sentences, has a history that includes one escape, a suicide attempt, and reports from Interpol regarding various crimes committed abroad, in addition to several pending cases in India. Through this writ petition, he claims to have faced barbaric...

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