Caselaw | Supreme Court Judgements of october 1978

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Atlas Cycle Industries Ltd. & Ors Vs. State of Haryana [1978] INSC 193 (4 October 1978)

Judgement Date : 04 Oct 1978

Citation : 1978 Latest Caselaw 193 SC

CrPC Section 288. Return of commissions
Delegation of Powers
Delegation of Powers
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Indian Penal Code, 1860 (IPC)
Motor Vehicles Act, 1939

Headnote :

The appellants faced prosecution for acquiring a controlled commodity at a price exceeding the maximum statutory limit set by the Iron Control Order of 1956. During the trial proceedings, the appellants submitted an application under sections 251A and 288 of the Criminal Procedure Code, raising seve...

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V. C. Rangadurai Vs. D. Gopalan & Ors [1978] INSC 194 (4 October 1978)

Judgement Date : 04 Oct 1978

Citation : 1978 Latest Caselaw 194 SC

Advocates Act, 1961

Headnote :

The appellant was convicted of serious professional misconduct by the Disciplinary Committee II of the State Bar Council in Tamil Nadu, resulting in a six-year ban from practicing as an Advocate. Upon appeal, the Bar Council of India confirmed these findings but shortened the suspension period to on...

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Commissioner of Income Tax, West Bengal Iii, Calcutta Vs. Rajendra Prasad Moody, Calcutta [1978] INSC 195 (4 October 1978)

Judgement Date : 04 Oct 1978

Citation : 1978 Latest Caselaw 195 SC

Income Tax Act, 1961

Headnote :

The individuals involved in the two cases are brothers who each borrowed money to invest in shares of specific companies. During the assessment year 1965-66, which concluded on April 10, 1965, both brothers paid interest on the borrowed funds but did not receive any dividends from the shares acquire...

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State of Orissa Vs. Ram Chander Agarwala [1978] INSC 196 (5 October 1978)

Judgement Date : 05 Oct 1978

Citation : 1978 Latest Caselaw 196 SC

CrPC Section 362. Court not to alter judgment
CrPC Section 368. Power of High Court to confirm sentence or annul conviction
CrPC Section 369. Confirmation or new sentence to be signed by two Judges
CrPC Section 417. Power to appoint place of imprisonment
CrPC Section 424. Suspension of execution of sentence of imprisonments
CrPC Section 430. Return of warrant on execution of sentence

The State of Uttar Pradesh Vs. Mohammad Naim [1963] INSC 60 (15 March 1963)

Headnote :

The respondents were found guilty under Section 20 of the Forward Contracts (Regulation) Act, 1952. The District Magistrate determined that the firms and their management were culpable for the charges and imposed a total fine of Rs. 2000/-, with a stipulation that they would face three months of sim...

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Superintendent, Central Excise, Bangalore Vs. Bahubali [1978] INSC 197 (5 October 1978)

Judgement Date : 05 Oct 1978

Citation : 1978 Latest Caselaw 197 SC

Customs Act, 1962
Defence of India Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
Motor Vehicles Act, 1939
Probation of Offenders Act, 1958

Arvind Mohan Sinha Vs. Amulya Kumar Biswas & Ors [1974] INSC 12 (17 January 1974)

Headnote :

The respondent faced charges for breaching rule 126 (H), 2(d)(ii) of the Defence of India (Amendment) Rules, 1963 concerning Gold Control, as well as Rule 126-I, before the First Class Magistrate in Bangalore, and under Section 135 of the Customs Act, 1962 and Rule 126 of the Defence of India Rules....

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K. N. Bahl Vs. State of Punjab & Ors [1978] INSC 198 (5 October 1978)

Judgement Date : 05 Oct 1978

Citation : 1978 Latest Caselaw 198 SC

Headnote :

The appellant, who worked for the State Government in the Horticulture department, was on loan to the Central Government. In May 1952, he was temporarily appointed as a Landscape Architect by the State Public Service Commission. He requested extensions to join the position, which were granted. Howev...

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Bai Tahira A Vs. Ali Hussain Fissalli Chothia & ANR [1978] INSC 199 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 199 SC

Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents

Headnote :

The explanation (b) to section 125(1) of the Code of Criminal Procedure, 1973 states that the term \"wife\" encompasses a woman who has been divorced by her husband or has obtained a divorce from him, provided she has not remarried. Section 127(3)(b) indicates that if an order has been issued under...

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Colonel His Highness Sawai Tej Singhji, Maharaja of Alwar Vs. The Union of India & ANR [1978] INSC 200 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 200 SC

Constitution of India

Headnote :

The appellant, who was the ruler of a princely state, entered into an agreement to merge his state into a union known as the United States of Matsya. According to Article XI Clause (2) of the Matsya Covenant, each state\'s ruler was required to provide the Raj Pramukh with a list of all movable prop...

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Avon Services (Production Agencies) Pvt. Ltd. Vs. Industrial Tribunal, Haryana Farldabad Ors [1978] INSC 201 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 201 SC

Industrial Disputes Act, 1947

Headnote :

The appellant\'s factory was split into two parts: a manufacturing section and a packing material production section.The packing material production section was further divided into two sub-sections: container manufacturing and container painting.The appellant opted to purchase containers from the m...

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Commissioner of Sales Tax, M.P. Indore & Ors Vs. Radhakrishan & Ors [1978] INSC 202 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 202 SC

Madhya Pradesh General Sales Tax Act, 1958

Headnote :

The three partners of a registered partnership engaged in the sale of bidis failed to file any sales tax returns and did not register the firm under the Madhya Pradesh General Sales Tax Act of 1958. As a result, the sales tax officer treated the firm as an unregistered dealer and conducted a best ju...

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Harbans Kumari & Ors Vs. State of Uttar Pradesh [1978] INSC 203 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 203 SC

Headnote :

Upon the vesting of the forests owned by the appellants in the State of U.P. under Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act 1 of 1951), a question arose regarding the assessment and payment of compensation to the heirs of the intermediary. The compensation officer de...

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Brij Bhushan Lal Parduman Kumar Vs. Commissioner of Income Tax, Haryana [1978] INSC 204 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 204 SC

Headnote :

The appellants are contractors for the Military Engineering Services, engaged in executing contracts and performing work on behalf of the Government.Their contracts are classified as \"Lumpsum contracts,\" where the department provides materials at predetermined rates. The revenue authorities believ...

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Bega Begum & Ors Vs. Abdul Ahad Khan & Ors [1978] INSC 205 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 205 SC

Constitution of India

Headnote :

The appellants, who are the plaintiffs, sought to evict the respondents, the defendants, from the leased premises, which had been rented to the latter for a duration of ten years specifically for operating a hotel. The grounds for eviction were (a) the appellants\' personal need to operate a hotel b...

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Rajapalayam Mills Ltd. Vs. Commissioner of Income Tax, Madras [1978] INSC 206 (6 October 1978)

Judgement Date : 06 Oct 1978

Citation : 1978 Latest Caselaw 206 SC

Income Tax Act, 1961

Headnote :

The appellant, a public limited company engaged in the manufacture and sale of yarn, established a new industrial unit during the financial year ending on March 31, 1959, which corresponds to the assessment year 1959-60. The total depreciation and development rebate for this new unit for the assessm...

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B. L. Goel Vs. State of U.P. & Ors [1978] INSC 207 (17 October 1978)

Judgement Date : 17 Oct 1978

Citation : 1978 Latest Caselaw 207 SC

Headnote :

According to the U.P. Higher Judicial Service Rules of 1953, appointments to the positions of Civil and Sessions Judges were made through promotions from the U.P. Civil Service (Judicial Branch) and via direct recruitment. Rule 20 of these rules stated that seniority within each class of posts would...

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Delhi Cloth & General Mills Co. Ltd. Vs. State of U.P. & Ors [1978] INSC 208 (18 October 1978)

Judgement Date : 18 Oct 1978

Citation : 1978 Latest Caselaw 208 SC

Headnote :

Section 6(1) of the U.P. Agricultural Income Tax Act, 1948 provides taxpayers with the choice to select one of two alternative methods for calculating agricultural income as outlined in section 6(2), whichever is more beneficial for them.This choice must be indicated when submitting their return as...

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Ganesh Bhavan Patel & ANR Vs. State of Maharashtra [1978] INSC 209 (18 October 1978)

Judgement Date : 18 Oct 1978

Citation : 1978 Latest Caselaw 209 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The two appellants faced charges for the murder of the deceased. The prosecution\'s case primarily relied on the testimonies of three witnesses, P.W. 2, P.W. 3, and P.W. 5, who asserted they witnessed the incident. However, the trial court found these witnesses untrustworthy and acquitted both appel...

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Pottery Mazdoor Panchayat Vs. The Perfect Pottery Co. Ltd. & ANR [1978] INSC 210 (19 October 1978)

Judgement Date : 19 Oct 1978

Citation : 1978 Latest Caselaw 210 SC

Industrial Disputes Act, 1947
Madhya Pradesh Industrial Relations Act, 1960
Madhya Pradesh Industrial Relations Act, 1960

Headnote :

The respondent was involved in producing stoneware pipes and other refractory materials at its factory, which it had leased. Due to financial challenges, the respondent issued a notice to close the factory and mines. The factory operations were regulated by the Madhya Pradesh Industrial Relations Ac...

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Chief Commissioner Union Territory, Chandigarh Vs. Sialkot Silk Stores, Chandigarh [1978] INSC 211 (23 October 1978)

Judgement Date : 23 Oct 1978

Citation : 1978 Latest Caselaw 211 SC

Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

Section 6 of the Punjab General Sales Tax Act, 1948 states that the State Government may, after providing a notification with at least three months\' notice of its intention, add or remove items from the Schedule, which will then be considered amended accordingly.The State Government of the composit...

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Board of Muslim Wakfs, Rajasthan Vs. Radha Krishna & Ors [1978] INSC 212 (24 October 1978)

Judgement Date : 24 Oct 1978

Citation : 1978 Latest Caselaw 212 SC

Bengal Wakf Act, 1934
Code of Civil Procedure, 1908 (CPC)
Mussalman Wakf Act, 1923

Headnote :

The Wakfs Act of 1954 was enacted to enhance the administration and oversight of Wakfs, aiming to place the management of these properties under State supervision.The Act provides for the appointment of a Commissioner of Wakfs, tasked with surveying the wakf properties that existed at the time the A...

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Maharaja Book Depot Vs. State of Gujarat [1978] INSC 213 (24 October 1978)

Judgement Date : 24 Oct 1978

Citation : 1978 Latest Caselaw 213 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The term \"paper\" is defined in section 2(a)(vii) of the Essential Commodities Act, 1955, as well as in Item 13 of Schedule I of the Gujarat Essential Articles Dealers (Regulation) Order, 1971, to include newsprint, paperboard, and strawboard. Following a notification on July 10, 1975, Schedule I o...

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Firm Surajmal Banshidhar, Vs. The Municipal Board, Ganganagar [1978] INSC 214 (25 October 1978)

Judgement Date : 25 Oct 1978

Citation : 1978 Latest Caselaw 214 SC

Headnote :

The respondent Board imposed terminal tax on goods exported by the appellants. In lawsuits initiated by the appellants seeking a refund of amounts they claimed were collected without legal authority, the respondent Board argued that the tax was legally imposed and that the lawsuits were barred by th...

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Jai Dutt Vs. State of U.P. & Ors [1978] INSC 215 (26 October 1978)

Judgement Date : 26 Oct 1978

Citation : 1978 Latest Caselaw 215 SC

Section 105. TPA, Lease defined.
Transfer of Property Act, 1882

Headnote :

In the appeal to this Court, it was argued that the appellant had acquired the status of a hereditary tenant under section 180(2) of the Tenancy Act due to his long-term cultivation of the land and the absence of any eviction actions taken against him within two years of his taking possession. Addit...

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Collector, Raigarh Vs. Dr. Harisingh Thakur & ANR [1978] INSC 216 (27 October 1978)

Judgement Date : 27 Oct 1978

Citation : 1978 Latest Caselaw 216 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The respondents\' agricultural land was acquired by the railways for the purpose of doubling the railway line, with the compensation for the acquired land initially set at Re. 1/6 per square foot. However, the respondents argued for a compensation rate of Re. -/12/- per square foot, citing the land\...

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