Caselaw | Supreme Court Judgements of december 1978

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In Re The Special Courts Bill, 1978 Vs. [1978] INSC 247 (1 December 1978)

Judgement Date : 01 Dec 1978

Citation : 1978 Latest Caselaw 247 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India
CrPC Section 6. Classes of Criminal Courts

Headnote :

The draft Special Courts Bill 1978 introduced in the Parliament by a private member seeks to create adequate number of courts to be called special courts. The Bill provides that a special court shall take cognizance of or try such cases as are instituted before it or transferred to it in the manner...

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Bhopal Sugar Industries Ltd. Vs. State of Madhya Pradesh & Ors [1978] INSC 248 (5 December 1978)

Judgement Date : 05 Dec 1978

Citation : 1978 Latest Caselaw 248 SC

Constitution of India

Headnote :

The appellant company cultivates sugarcane and manufactures sugar in its factory, by crushing the sugar cultivated by it and purchased from other cultivators. The State Government enacted the M.P. Sugarcane (R.S.P.) Act, 1958 which came into force on July 1, 1959. The State Government issued a notif...

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Gundaji Satwaji Shinde Vs. Ramchandra Bhikaji Joshi [1978] INSC 249 (5 December 1978)

Judgement Date : 05 Dec 1978

Citation : 1978 Latest Caselaw 249 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Section 52. TPA, Transfer of property pending suit relating thereto.

Headnote :

Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 prohibits the sale of agricultural land to a person who is not an agriculturist. One of the duties of the Mamlatdar, under s. 70, of the Act, is to decide whether a person is an agriculturist and whether a transfer or acquisition of l...

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G. T. Lad & Ors Vs. Chemicals & Fibres of India Ltd. [1978] INSC 250 (6 December 1978)

Judgement Date : 06 Dec 1978

Citation : 1978 Latest Caselaw 250 SC

Industrial Disputes Act, 1947

Headnote :

In support of their demand for reinstatement of certain dismissed union leaders a number of workmen, including the appellants had gone on an indefinite peaceful strike. The Company (respondent) put up a notice that the strike was illegal and that the striking workmen were liable to disciplinary acti...

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Ram Singh & Sons Eng. Works Vs. Commissioner of Sales Tax, U.P [1978] INSC 251 (7 December 1978)

Judgement Date : 07 Dec 1978

Citation : 1978 Latest Caselaw 251 SC

Headnote :

The appellant assessee was a partnership firm carrying on business inter alia of manufacture and erection of cranes. During the assessment year 1965-66, the assessee entered into two contracts for supply and erection of 3- motion electrical overhead travelling cranes. The assessee carried out both t...

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Bhawarlal Ganeshmalji Vs. State of Tamil Nadu & ANR [1978] INSC 252 (11 December 1978)

Judgement Date : 11 Dec 1978

Citation : 1978 Latest Caselaw 252 SC

Constitution of India
CrPC Section 82. Proclamation for person absconding

Headnote :

An order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was passed in December 1974 against the appellant. But it could not be executed because the detenu was absconding and could not be apprehended'despite a proclamation made under secti...

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Fazalbhoy Currimbhoy Vs. Official Trustee of Maharashtra & Ors [1978] INSC 253 (12 December 1978)

Judgement Date : 12 Dec 1978

Citation : 1978 Latest Caselaw 253 SC

Administration of Evacuee Property Act, 1950
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951

Headnote :

In 1911 King George V conferred the "dignity, status and degree" of a Baronet on Sir Currimbhoy Ebrahim of Bombay. To provide for the upkeep and dignity of the Baronetcy the Sir Currimbhoy Ebrahim Baronetcy Act, 1913 was passed by virtue of which considerable properties belonging to Sir Cu...

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M/S Motilal Padampat Sugar Mills Co. (P.) Ltd. Vs. State of Uttar Pradesh & Ors [1978] INSC 254 (12 December 1978)

Judgement Date : 12 Dec 1978

Citation : 1978 Latest Caselaw 254 SC

Headnote :

The appellant is a limited company which is primarily engaged in the business of manufacture and sale of sugar and it has a cold storage plant and a steel foundry. With reference to a news item dated 10th October 1968 in the National Herald in which it was stated that the State of Uttar Pradesh had...

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Biswanath Prasad Radhey Shyam Vs. Hindustan Metal Industries [1978] INSC 255 (13 December 1978)

Judgement Date : 13 Dec 1978

Citation : 1978 Latest Caselaw 255 SC

Patents Act, 1970

Headnote :

The appellant and the respondent, are both firms carrying on the business of manufacturing utensils at Mirzapur. In 1951 one of the partners of the respondent firm claimed to have invented a device and method for manufacturing utensils, introducing improvement, convenience, speed, safety and better...

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Kamlapati Trivedi Vs. State of West Bengal [1978] INSC 256 (13 December 1978)

Judgement Date : 13 Dec 1978

Citation : 1978 Latest Caselaw 256 SC

CrPC Section 163. No inducement to be offered
CrPC Section 169. Release of accused when evidence deficient
CrPC Section 170. Cases to be sent to Magistrate when evidence is sufficient
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 6. Classes of Criminal Courts
Indian Penal Code, 1860 (IPC)
IPC Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC Section 188. Disobedience to order duly promulgated by public servant
IPC Section 190. Threat of injury to induce person to refrain from applying for protection to public servant
IPC Section 20. Court of Justice
IPC Section 211. False charge of offence made with intent to injure
IPC Section 379. Punishment for theft

M. L. Sethi Vs. R. P. Kapur [1972] INSC 151 (19 July 1972)
Smt. Ujjam Bai Vs. State of Uttar Pradesh [1961] INSC 197 (28 April 1961)

Headnote :

Section 195(1)(b) of the Code of Criminal Procedure provides that no court shall take cognizance of any offence punishable under any of the sections enumerated therein (one of which is s. 211) if such offence is alleged to have been committed in or in relation to any proceedings in any court. The...

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Nayyar (G. P.) Vs. State (Delhi Admn.) [1978] INSC 257 (14 December 1978)

Judgement Date : 14 Dec 1978

Citation : 1978 Latest Caselaw 257 SC

General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)

Surajpal Singh & Ors Vs. The State [1951] INSC 62 (20 December 1951)

Headnote :

The appellant who was charged for the offences (a) under section 120B I.P.C. (b) under section 161 I.P.C. read with section 5(2) and 5(1) (d) of the Prevention of Corruption Act 1947 and (c) under section 5(2) read with section 5(1) (a) of the Prevention of Corruption Act 1947 was acquitted by the s...

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Mohinder Pal Jolly Vs. State of Punjab [1978] INSC 258 (14 December 1978)

Judgement Date : 14 Dec 1978

Citation : 1978 Latest Caselaw 258 SC

Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 99. Act against which there is no right of private defence

Headnote :

There was a dispute between the appellant, a factory owner and his employees in regard to wages, during the period of their lay-off. The prosecution alleged that on the day of the occurrence when the workers gathered outside the factory and raised innocuous slogans demanding their wages, the appe...

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Gestetner Duplicators (Pvt.) Ltd. Vs. Commissioner of Income-Tax, West Bengal [1978] INSC 259 (14 December 1978)

Judgement Date : 14 Dec 1978

Citation : 1978 Latest Caselaw 259 SC

Income Tax Act, 1961

Headnote :

The expression "salary," under s. 17(1)(iv) of the Income Tax Act, 1961, includes "any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages"; under r. 2(h) in Part-A of the Fourth Schedule to the Act, which contains Rules relating to recognis...

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Janki Sugar Mills & Co. Vs. Commissioner of Meerut Division, Meerut [1978] INSC 260 (14 December 1978)

Judgement Date : 14 Dec 1978

Citation : 1978 Latest Caselaw 260 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955
U.P. Sugarcane Supply and Purchase Order, 1954

Headnote :

The Government of India notified its decision that certain deductions in the minimum cane price, on the basis of recovery of sugar from sugarcane will be allowed to sugarcane factories in U.P. on the cane supplied to them on and after May 1, 1955 but that the deductions will be allowed only on "...

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State of Jammu & Kashmir Vs. Raj Dulari Razdan & Ors [1978] INSC 261 (15 December 1978)

Judgement Date : 15 Dec 1978

Citation : 1978 Latest Caselaw 261 SC

Constitution of India
Constitution of Jammu and Kashmir

Headnote :

The appellant State Government's Order No. 643-HTE dated July 25, 1969 promoting certain professors was quashed by the High Court of Jammu & Kashmir while allowing the Writ Petition No. 124/69 filed by the respondent. Leaving out the merits for decision by another Bench of this Court.

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M. C. Gupta Vs. A. K. Gupta & Ors [1978] INSC 262 (15 December 1978)

Judgement Date : 15 Dec 1978

Citation : 1978 Latest Caselaw 262 SC

Indian Medical Council Act, 1956

Headnote :

The appellant Dr. M. C. Gupta and the sixth respondent Dr. R. N. Tandon, were appointed to the post of 'Professor in medicine in State Government Medical Colleges. The appointments were made by the State Government, on the recommendation of U.P. Public Service Commission, which had earlier with...

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Munshi Ram & Ors Vs. Financial Commissioner, Haryana & Ors [1978] INSC 263 (15 December 1978)

Judgement Date : 15 Dec 1978

Citation : 1978 Latest Caselaw 263 SC

East Punjab Displaced Persons (Land Resettlement) Act, 1949
East Punjab Displaced Persons (Land Resettlement) Act, 1949

Headnote :

In relation to a land-owner or a tenant, the term "permissible area" as defined in s. 2(3) of the Punjab Security of Land Tenures Act, 1953 means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres such sixty acres, Clause (i...

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Mohd Rashid Ahmad Vs. State of U.P. & ANR [1978] INSC 264 (15 December 1978)

Judgement Date : 15 Dec 1978

Citation : 1978 Latest Caselaw 264 SC

General Clauses Act, 1897

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

Headnote :

Rule 6(2)(iii)-If imposed a duty on State Government to act in a quasi-judicial manner. Rules of natural justice- Applicability of. The U.P. Nagar Mahapalika Adhiniyam 1959 as well as the U.P. Municipalities Act, 1916 empowered local bodies in the State to appoint their employees subject to certa...

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