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 of 1978, introduced in Parliament by a private member, aims to establish a sufficient number of courts designated as special courts. According to the Bill, a special court will have the authority to take cognizance of or try cases that are brought before it or transferr...

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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 grows sugarcane and produces sugar in its factory by processing both its own cultivated sugarcane and that purchased from other growers. The State Government enacted the M.P. Sugarcane (R.S.P.) Act, 1958, which took effect on July 1, 1959. Subsequently, the State Government iss...

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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 individuals who are not agriculturists. One of the responsibilities of the Mamlatdar, as outlined in Section 70 of the Act, is to determine whether a person qualifies as an agriculturist and...

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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 request for the reinstatement of certain dismissed union leaders, several workers, including the appellants, initiated an indefinite peaceful strike. The Company (respondent) issued a notice declaring the strike illegal and warned that the striking workers could face disciplinary...

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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, a partnership firm engaged in the manufacture and installation of cranes, entered into two contracts during the assessment year 1965-66 for the supply and installation of three-motion electrical overhead travelling cranes. The firm successfully completed both contracts, fabricating an...

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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 :

In December 1974, an order of detention was issued against the appellant under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. However, the order could not be enforced as the detenu was evading capture, despite a proclamation made under section 7 of the Act. It...

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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 granted the title of Baronet to Sir Currimbhoy Ebrahim of Bombay, bestowing upon him the \"dignity, status, and degree\" associated with the title. To ensure the maintenance and respect of the Baronetcy, the Sir Currimbhoy Ebrahim Baronetcy Act of 1913 was enacted, which alloc...

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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 primarily involved in the manufacturing and selling of sugar, and it also operates a cold storage facility and a steel foundry. Referring to a news article from the National Herald dated October 10, 1968, which reported that the Uttar Pradesh government had decided...

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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 companies engaged in the manufacturing of utensils in Mirzapur. In 1951, a partner from the respondent firm claimed to have developed a new device and method for utensil manufacturing that improved upon the existing, hazardous techniques, which posed risks t...

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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 states that no court shall take cognizance of any offense punishable under the sections listed therein (including section 211) if the offense is alleged to have occurred in connection with any court proceedings.The appellant lodged a complaint with...

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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 faced charges for (a) conspiracy under section 120B of the Indian Penal Code (I.P.C.), (b) bribery under section 161 of the I.P.C. in conjunction with sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947, and (c) under section 5(2) along with section 5(1)(a) of the...

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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 :

A conflict arose between the appellant, a factory owner, and his employees concerning wages during their lay-off period.The prosecution claimed that on the day of the incident, when workers gathered outside the factory chanting harmless slogans demanding their wages, the appellant emerged and fired...

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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 term \"salary\" as defined in section 17(1)(iv) of the Income Tax Act, 1961, encompasses \"any fees, commissions, perquisites, or profits in lieu of or in addition to any salary or wages\". According to rule 2(h) in Part A of the Fourth Schedule of the Act, which outlines the rules for recognize...

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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 announced that certain deductions from the minimum cane price, based on the sugar recovery from sugarcane, would be permitted for sugarcane factories in Uttar Pradesh for cane supplied on or after May 1, 1955. However, these deductions would only apply to \"unbonded cane\" pr...

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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 High Court of Jammu & Kashmir annulled the appellant State Government\'s Order No. 643-HTE, dated July 25, 1969, which promoted certain professors, in response to Writ Petition No. 124/69 filed by the respondent.The merits of the case will be decided by a different 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 as Professors of Medicine in State Government Medical Colleges. Their appointments were made by the State Government based on recommendations from the U.P. Public Service Commission, which had previously selec...

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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 the context of a landowner or tenant, the term \"permissible area\" as defined in section 2(3) of the Punjab Security of Land Tenures Act, 1953, refers to thirty standard acres. If the conversion of these thirty standard acres into ordinary acres results in an area exceeding sixty acres, then the...

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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) imposes a duty on the State Government to operate in a quasi-judicial capacity, thereby necessitating the application of natural justice principles.The U.P. Nagar Mahapalika Adhiniyam of 1959 and the U.P. Municipalities Act of 1916 granted local bodies in the State the authority to ap...

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