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Maharashtra State Textile Corporation Ltd. Vs. The Official Liquidator & Ors [1978] INSC 1 (4 January 1978)

Judgement Date : 04 Jan 1978

Citation : 1978 Latest Caselaw 1 SC

Headnote :

The appellant, M.S.T.C., had leased the original company, R. B. Bansilal Abhir Chand Spinning and Weaving Mills (P) Ltd., located in Hinganghat, Maharashtra. This company was ordered to be liquidated on October 1, 1965, and an official Liquidator was appointed. On February 3, 1967, the Maharashtra g...
Principal & Ors Vs. Presiding Officer & Ors [1978] INSC 2 (9 January 1978)

Judgement Date : 09 Jan 1978

Citation : 1978 Latest Caselaw 2 SC

Headnote :

Respondent No. 2 holds an M.Com. degree but lacks a Training Degree, a recognized Diploma in Education, three years of teaching experience in intermediate or higher classes, or a recognized training certificate, as mandated by clause 18 of Chapter 4 of the Central Board of Secondary Education Handbo...
Kamalam (Smt.) K. Vs. Ponnuswamy (R.) & Ors [1978] INSC 3 (12 January 1978)

Judgement Date : 12 Jan 1978

Citation : 1978 Latest Caselaw 3 SC

Headnote :

Out of fifteen applications for a stage carriage permit on the Rasipuram-Pallipalayam route in Salem District, the Regional Transport Authority awarded the permit solely to Respondent No. 1. In the subsequent appeals from the unsuccessful applicants, the Transport Tribunal determined that preference...
Bishan Lal Gupta Vs. State of Haryana & Ors [1978] INSC 4 (12 January 1978)

Judgement Date : 12 Jan 1978

Citation : 1978 Latest Caselaw 4 SC

Headnote :

Complaints were lodged against the petitioner, who was a probationer in the Haryana Civil Service (Judicial Branch). The High Court conducted an inquiry to assess his fitness to remain in service. Show cause notices were issued, and the petitioner was afforded a fair opportunity to present his case....
Ghaziabad Engineering Co. (P) Ltd. Vs. Certifying Officer, Kanpur & ANR [1978] INSC 5 (13 January 1978)

Judgement Date : 13 Jan 1978

Citation : 1978 Latest Caselaw 5 SC

Headnote :

The workmen of the appellant company claimed twelve days of paid casual leave and sought changes to the Standing Orders under the Industrial Employment (Standing Orders) Act of 1946. The certifying officer, after considering (a) the financial status of the appellant\'s business, which included a 20%...
Dadasaheb Dattatraya Pawar & Ors Vs. Pandurang Raoji Jagtap & Ors [1978] INSC 6 (13 January 1978)

Judgement Date : 13 Jan 1978

Citation : 1978 Latest Caselaw 6 SC

Headnote :

Shetkari Sahakari Sangh, a designated cooperative society as outlined in Section 144-A in conjunction with Section 73-G of the Maharashtra Cooperative Societies Act, 1960, is officially registered under the Act, with its operational area encompassing the entire Kolhapur district. It comprises two ca...
Pathumma & Ors Vs. State of Kerala & Ors [1978] INSC 7 (16 January 1978)

Judgement Date : 16 Jan 1978

Citation : 1978 Latest Caselaw 7 SC

Headnote :

The statement of objects and reasons for the Kerala Agriculturists\' Debt Relief Act, 1970 indicates that the benefits provided by Kerala Act 31 of 1958 were limited to debts incurred by agriculturists prior to the Act\'s commencement on July 14, 1958. However, agricultural indebtedness among the po...
Superintendent of Taxes, Tezpur & Ors Vs. M/S. Bormahajan Tea Co. Ltd. [1978] INSC 8 (17 January 1978)

Judgement Date : 17 Jan 1978

Citation : 1978 Latest Caselaw 8 SC

Headnote :

The respondent is an assessee under the Assam Taxation (On Goods Carried by Road or on Inland Waterways) Act, 1961.In C. A. 602 of 1974, the respondent filed a return under section 7(1) of the Act for the period ending September 30, 1960, but did not pay the required tax as stipulated by section 20(...
In Re: Shri Sham Lal [1978] INSC 9 (18 January 1978)

Judgement Date : 18 Jan 1978

Citation : 1978 Latest Caselaw 9 SC

Headnote :

The notice sent to the Editor of the Times of India, requesting him to explain why proceedings under Article 129 of the Constitution for contempt of the Supreme Court should not be initiated against him regarding his critical statements about the Court\'s judgment in A.D. M. Jabalpur v. S. Shukla (A...
Baiju Alias Bharosa Vs. State of Madhya Pradesh [1978] INSC 10 (19 January 1978)

Judgement Date : 19 Jan 1978

Citation : 1978 Latest Caselaw 10 SC

Headnote :

The appellant, under the guise of promising to help the deceased Ramdayal\'s family conceive a child through sorcery, gained their trust and subsequently murdered Ramdayal, his wife Smt. Fulkanwar, his mother Smt. Bhagwanti, and his nephew Rambakas on the night of January 20, 1975. He also stole var...
Ram Chander Singh Sagar & ANR Vs. State of Tamil Nadu & ANR [1978] INSC 11 (23 January 1978)

Judgement Date : 23 Jan 1978

Citation : 1978 Latest Caselaw 11 SC

Headnote :

The Petitioners approached this Court under Section 406 of the Criminal Procedure Code, 1973, in conjunction with Order XXXVI of the Supreme Court Rules, 1966, while their case was still under investigation, seeking an order to transfer the case to a different court.The Court dismissed the petition...
Muktinarain Jha & Ors Vs. State of Bihar [1978] INSC 12 (23 January 1978)

Judgement Date : 23 Jan 1978

Citation : 1978 Latest Caselaw 12 SC

Headnote :

The Petitioners\' special leave petition was rejected due to the absence of a surrender certificate, as mandated by Rule 6 of Order XXI of the Supreme Court Rules, 1966. However, the petitioners had indeed surrendered, but the Assistant Sessions Judge declined to accept them into custody because the...
Abdul Latif & Ors Vs. State of Uttar Pradesh [1978] INSC 13 (24 January 1978)

Judgement Date : 24 Jan 1978

Citation : 1978 Latest Caselaw 13 SC

Headnote :

The appellants, armed with various weapons, entered the residence of Khan Mohammad, the deceased and husband of P.W. I Jamila, where they assaulted him with sharp cutting tools and subsequently removed his body, which was later discovered in a river, dismembered. Based on the testimonies of Jamila (...
K.C. P. Employees' Association, Madras Vs. Management of K. C. P. Ltd., Madras [1978] INSC 14 (24 January 1978)

Judgement Date : 24 Jan 1978

Citation : 1978 Latest Caselaw 14 SC

Headnote :

The management-respondent is a public limited company engaged in three business ventures: the production of sugar, cement, and heavy engineering machinery, located at different sites. Regarding the workers at the engineering unit known as Central Workshops, which was facing financial difficulties, t...
Shambhu Nath Palit Vs. Corporation of Calcutta & ANR [1978] INSC 15 (24 January 1978)

Judgement Date : 24 Jan 1978

Citation : 1978 Latest Caselaw 15 SC

Headnote :

The petitioners contested the imposition and collection of municipal tax from them as landlords for the huts built and occupied by their tenants on the lands leased to those tenants. The Calcutta High Court determined that Section 202 of the Municipal Act, 1951 allows for the collection of a portion...
Ganesh Trading Co. Vs. Moji Ram [1978] INSC 17 (25 January 1978)

Judgement Date : 25 Jan 1978

Citation : 1978 Latest Caselaw 17 SC

Headnote :

The appellant-plaintiff firm initiated a lawsuit through one of its partners to recover Rs. 68,000/- owed under a promissory note. After the written statement was properly submitted, the plaintiff sought to amend the plaint, claiming that they had mistakenly failed to include the crucial detail that...
Babu Singh & Ors Vs. The State of U.P [1978] INSC 18 (31 January 1978)

Judgement Date : 31 Jan 1978

Citation : 1978 Latest Caselaw 18 SC

Headnote :

All the petitioners were charged with murder under Section 302 of the Indian Penal Code, but they were acquitted by the Sessions Judge on November 4, 1972. The State appealed the acquittal successfully, and on May 20, 1977, the High Court overturned the Sessions Court\'s findings, declaring all the...
Keshoram Gora Vs. State of Assam [1978] INSC 19 (1 February 1978)

Judgement Date : 01 Feb 1978

Citation : 1978 Latest Caselaw 19 SC

Headnote :

The appellant, along with his brother Someshwar, was charged under section 302 in conjunction with section 34 of the I.P.C. for the murder of Kalinath. The prosecution\'s case states that Kalinath was in the process of uprooting pulses from his land when the accused, Keshoram and Someshwar, accompan...
New Standard Engineering Co. Ltd. Vs. N. L. Abhyankar & Ors [1978] INSC 20 (2 February 1978)

Judgement Date : 02 Feb 1978

Citation : 1978 Latest Caselaw 20 SC

Headnote :

The Government of Maharashtra referred the dispute between New Standard Engineering Co. Ltd. and its employees to the Industrial Tribunal for adjudication under section 10(1)(d) of the Industrial Disputes Act of 1947. In November 1972, the Tribunal issued its award, mandating that the revised wage s...
Shambu Nath Goyal Vs. Bank of Baroda, Jullundur [1978] INSC 21 (2 February 1978)

Judgement Date : 02 Feb 1978

Citation : 1978 Latest Caselaw 21 SC

Headnote :

The appellant worked as a clerk at the Bank of Baroda and was served with a charge sheet. Following a departmental inquiry, he was dismissed from his position. His appeal against the dismissal was also rejected.Subsequently, the case was brought to conciliation. When conciliation failed, the Governm...
Jagdish Chander Vs. Brij Mohan & Ors [1978] INSC 22 (6 February 1978)

Judgement Date : 06 Feb 1978

Citation : 1978 Latest Caselaw 22 SC

Headnote :

On July 12, 1968, Ata-Ilahi Khan executed a sale deed in favor of the appellant, Shri Jagdish Chander, who then took possession of the disputed lands. On the same day, Jagdish Chander entered into an agreement to reconvey the lands specifically to Ata-Ilahi Khan or his heirs if the consideration amo...
Udai Chand Vs. Shanker Lal & Ors [1978] INSC 23 (7 February 1978)

Judgement Date : 07 Feb 1978

Citation : 1978 Latest Caselaw 23 SC

Headnote :

The respondents are the legal representatives of Surajmal, who acquired a suit shop through a registered sale deed dated May 17, 1965, from Bhurdas. The petitioner had executed two rent notes, Exhibit 8 and Exhibit 10, explicitly naming Bhurdas as the shop\'s owner. The petitioner was informed of th...
Yeshwantrao Laxmanrao Ghatge & ANR Vs. Baburao Bala Yadav & Ors [1978] INSC 24 (9 February 1978)

Judgement Date : 09 Feb 1978

Citation : 1978 Latest Caselaw 24 SC

Headnote :

Properties 1A to 1H were acquired or donated in the name of the deity Shri Vithal Rakhumai Dev by an individual named Ambabai.A person named Pandurang Babaji Pawar was designated as the manager (Vahivatdar), while Bala Appa Yadav was appointed as the deity\'s servant. On June 1, 1905, Ambabai execut...
State of Kerala Vs. Alaserry Mohammed [1978] INSC 25 (10 February 1978)

Judgement Date : 10 Feb 1978

Citation : 1978 Latest Caselaw 25 SC

Headnote :

Rule 22 of the Prevention of Food Adulteration Rules, 1955, established under the Prevention of Food Adulteration Act, 1954, outlines the required quantity of food samples to be sent to the Public Analyst or Directorate for analysis, depending on the situation. Items 1 to 22 provide a list of variou...
State of Kerala Vs. M. K. Krishnan Nair & Ors [1978] INSC 26 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 26 SC

Headnote :

In the former State of Travancore Cochin, the recruitment process for Munsiffs was regulated by the Travancore Cochin Munsiffs Recruitment Rules of 1953. Following the establishment of the new State of Kerala, these rules were replaced by the Kerala Judicial Service (Recruitment of Munsiffs) Rules o...
Sanjay Gandhi Vs. Union of India & Ors [1978] INSC 27 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 27 SC

Headnote :

This Court established a timeline for the committal proceedings in RC 2/1977- CIA-1, which is under the jurisdiction of the Chief Metropolitan Magistrate in Delhi, on February 2, 1978. After the Committal Court denied the petitioner, a co-accused, additional time to review the records as per section...
State of Maharashtra & Ors Vs. Man Singh Surat Singh Padvi & Ors [1978] INSC 28 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 28 SC

Headnote :

In the West Khandesh district, there existed six estates belonging to Tribal Chiefs known as Mehwassi Estates. The Bombay Land Revenue Code of 1879 was applied to these estates through Section 3 of the West Khandesh Mehwassi Estates Regulation of 1949. Additionally, Section 4 of this Regulation exte...
Sandhya Rani Sarkar Vs. Sudha Rani Debi & Ors [1978] INSC 29 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 29 SC

Headnote :

A contract for the sale of the property located at 88-A Rash Behari Avenue, Calcutta, was established between the appellant and the late Smt. Paribala Das on February 8, 1956, for a total consideration of Rs. 46,000/-. The sale agreement, marked as Ex.I, states that Rs. 1001/- was paid as earnest mo...
Tolaram Bijoy Kumar Vs. Commissioner of Income Tax, Assam [1978] INSC 30 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 30 SC

Headnote :

The income generated from the business of Nathmal Tolaram, operated by Narmal, was classified as income of a Hindu Undivided Family until 1950. Following Narmal\'s death in 1945, the business was partitioned effective April 6, 1949. Subsequently, on April 7, 1949, a partnership deed was executed by...
Rameshwar Dayal & Ors Vs. The State of Uttar Pradesh [1978] INSC 31 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 31 SC

Headnote :

A longstanding feud between Baburam and Munnalal, ignited by legal actions under sections 107/117 of the Cr.P.C. that they initiated against each other, culminated in an assault on Baburam\'s group by Munnalal\'s faction, resulting in Baburam\'s death. The appellants were found guilty under sections...
Union of India Vs. Shri Gopal Chandra Misra & Ors [1978] INSC 32 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 32 SC

Headnote :

The second respondent (appellant in CA 2655/77), Shri Satish Chandra, informed the President of India on May 7, 1977, of his resignation from the position of Judge of the Allahabad High Court, effective August 1, 1977. However, on July 15, 1977, he wrote again to the President to withdraw his previo...
Mir Fakir Mohd. Vs. State of West Bengal [1978] INSC 33 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 33 SC

Headnote :

The petitioner\'s assertion, based on the provisions of section 6(1)(f) of the West Bengal Estate Acquisition Act, 1954, regarding his right as an intermediary to keep the land where he has cultivated not only mango and jackfruit trees but also bamboo clumps and banana plants, was upheld by the lowe...
Charan Lal Sahu Vs. Neelam Sanjeeva Reddy [1978] INSC 34 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 34 SC

Headnote :

The petitioner submitted his nomination papers to run as a candidate in the Presidential elections held on July 19, 1977. However, these papers lacked the required deposit as stipulated in section 5C and were not endorsed by any voter as a proposer or seconder, as mandated by section 5B of the Presi...
Rohtas Industries Ltd. Vs. Ramlakhan Singh & Ors [1978] INSC 35 (16 February 1978)

Judgement Date : 16 Feb 1978

Citation : 1978 Latest Caselaw 35 SC

Headnote :

The services of Ramlakhan Singh, who was employed as a sectional officer in the Waste Paper department of the appellant\'s paper factory in Dalmianagar, Bihar, were terminated immediately through a notice dated June 10, 1970, which included an offer of one month\'s wages in lieu of notice.In respons...
Lalla Ram Vs. Management of D.C.M. Chemical Works Ltd. & ANR [1978] INSC 36 (16 February 1978)

Judgement Date : 16 Feb 1978

Citation : 1978 Latest Caselaw 36 SC

Headnote :

The appellant, an employee of Respondent No. 1, was residing in one of the jhuggies located on the plot next to Respondent No. 1\'s mill. After receiving a report from the sentry, Dharam Singh, regarding unauthorized construction by one Sheo Ram on the plot, Shyam Singh, the Assistant Security Offic...
Komma Neelakantha Reddy & Ors Vs. State of Andhra Pradesh [1978] INSC 37 (16 February 1978)

Judgement Date : 16 Feb 1978

Citation : 1978 Latest Caselaw 37 SC

Headnote :

Twenty-five individuals were charged with offenses under various sections of the Indian Penal Code based on First Information Report No. Ex. P 2, which was filed by witnesses 1 and 2. Witnesses 1, 2, and 3, who were eyewitnesses, were part of a police team specifically assigned to the incident locat...
Harsh Sawhney Vs. Union Territory (Chandigarh Admn.) [1978] INSC 38 (20 February 1978)

Judgement Date : 20 Feb 1978

Citation : 1978 Latest Caselaw 38 SC

Headnote :

The Court granted the appeal and stated:An accused does not necessarily have to be taken into custody for the search of premises in their presence or for interrogation related to the investigation of the case, as long as the principles regarding the granting or denial of bail, as outlined in Gurchar...
Mohan Singh Vs. Union Territory, Chandigarh [1978] INSC 39 (20 February 1978)

Judgement Date : 20 Feb 1978

Citation : 1978 Latest Caselaw 39 SC

Headnote :

The High Court revoked the bail that had been granted by the Sessions Court to the appellant, who faced charges under section 5(2) of the Prevention of Corruption Act, on the basis that the appellant had approached both the Sessions Court and the High Court at the same time without informing the Ses...
Polestar Electronic(P) Ltd. Vs. Addl. Commissioner, Sales Tax Delhi [1978] INSC 40 (20 February 1978)

Judgement Date : 20 Feb 1978

Citation : 1978 Latest Caselaw 40 SC

Headnote :

The Bengal Finance (Sales Tax) Act of 1947 was extended to the Union Territory of Delhi with certain modifications through a notification dated April 28, 1951. Any dealer whose gross turnover surpasses the taxable threshold is required to pay sales tax on transactions conducted after a specified dat...
Punjab Beverages Pvt. Ltd., Chandigarh Vs. Suresh Chand & ANR [1978] INSC 41 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 41 SC

Headnote :

Respondent No. 1 in (C.A. 1375 of 1977) was employed as an operator in the appellant\'s Undertaking starting from March 1, 1970, earning a monthly salary of Rs. 100/-. This salary was set to increase to Rs. 115/- per month from October 1, 1972, had he remained in service. However, on December 21, 19...
Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 42 SC

Headnote :

Occasionally, the Life Insurance Corporation and its employees reached agreements regarding the terms and conditions of service for Class III and Class IV employees, including the bonuses they would receive. Clause (8) of the Settlement dated January 24, 1974, which addressed bonus payments, stipula...
Prag Ice & Oil Mills & ANR Vs. Union of India [1978] INSC 43 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 43 SC

Headnote :

Sub-section (1) of section 3 of the Essential Commodities Act, 1955, which is included in the Ninth Schedule of the Constitution, grants the Central Government the authority to issue orders for the regulation or prohibition of the production, supply, and distribution of essential commodities, as wel...
Bangalore Water-Supply & Sewerage Board, Vs. R. Rajappa & Ors [1978] INSC 44 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 44 SC

Headnote :

The employees who were respondents faced fines imposed by the Appellant Board for misconduct, leading to the recovery of various amounts from them. In response, they submitted Claims Application No. 5/72 under Section 33C (2) of the Industrial Disputes Act, arguing that the penalties were enforced i...
Ganpat Ladha Vs. Sashikant Vishnu Shinde [1978] INSC 45 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 45 SC

Headnote :

The tenant respondent submitted an application in 1956 for the determination of standard rent under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. In February 1960, during these proceedings, the contractual rent of Rs. 80 per month was lowered to Rs. 54.25 per month...
Alladi Venkateswarlu & Ors Vs. Govt. of Andhra Pradesh & ANR [1978] INSC 46 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 46 SC

Headnote :

Section 5 of the Andhra Pradesh General Sales Tax Act, 1957 governs the taxation of sales or purchases of goods. According to S. 5(1), every dealer (excluding casual traders and agents of non-resident dealers) with a total turnover of Rs. 25,000 or more, as well as every agent of a non-resident deal...
In Re: Shri S. Mulgaokar [1978] INSC 47 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 47 SC

Headnote :

In its December 13, 1977 issue, the Indian Express reported that the High Courts had reacted very negatively to the proposal of establishing a code of judicial ethics and propriety, noting that the criticism was so severe that some Supreme Court judges, who had contributed to the draft code, distanc...
Balai Chandra Hazra Vs. Shewdhari Jadav [1978] INSC 48 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 48 SC

Headnote :

The eviction suit against the defendant-appellant, who was a tenant on the ground floor of premises No. 16/lA, Ram Ratan Bose Lane, Shyambazar, paying a monthly rent of Rs. 37/-, was initiated by the respondent on the grounds that he needed the premises for his own use. The suit resulted in a decree...
State of Uttar Pradesh Vs. Batuk Deo Patil Tripathi & ANR [1978] INSC 49 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 49 SC

Headnote :

The Allahabad High Court, exercising the powers granted to it by Article 225 of the Constitution and other relevant authorities, established the Rules of Court, 1952. According to Rule 1 of Chapter III, an Administrative Committee was formed, consisting of the Chief Justice, the Judge in the Adminis...
Suleman Noormohamed Vs. Umarbhai Janubhai [1978] INSC 50 (23 February 1978)

Judgement Date : 23 Mar 1978

Citation : 1978 Latest Caselaw 50 SC

Headnote :

The landlord, as the appellant, initiated legal proceedings against the tenant, the respondent, seeking an eviction decree based on non-payment of rent and genuine personal necessity, as stipulated by the Bombay Rents, Hotel and Lodging House Rates Control Act of 1947. The tenant submitted a written...
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