Caselaw | Supreme Court Judgements of august 1979

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Indu Bhushan Gupta Vs. State of U.P. & Ors [1979] INSC 137 (1 August 1979)

Judgement Date : 01 Aug 1979

Citation : 1979 Latest Caselaw 137 SC

Land Improvement Loans Act, 1883
Land Improvement Loans Act, 1883
Land Improvement Loans Act, 1883
U.P. Zamindari Abolition and Land Reforms Act, 1950

Headnote :

The appellant and the sixth respondent, who are brothers, formed a joint Hindu family. Although the appellant is younger than the sixth respondent, he became the Karta of the joint family due to a settlement. The family possessed extensive Zamindari properties, including a farm known as Mukundpur Fa...

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Anand Narain Shukla Vs. State of Madhya Pradesh [1979] INSC 138 (2 August 1979)

Judgement Date : 02 Aug 1979

Citation : 1979 Latest Caselaw 138 SC

Headnote :

The appellant, who served as an office superintendent, was demoted to a lower position after being found guilty of certain charges in a departmental inquiry. However, the High Court annulled these orders, stating that the inquiry was neither proper nor legal, leading to the appellant\'s reinstatemen...

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State of Maharashtra Vs. Vishwanath Tukuram Umale & Ors [1979] INSC 139 (2 August 1979)

Judgement Date : 02 Aug 1979

Citation : 1979 Latest Caselaw 139 SC

IPC Section 411. Dishonestly receiving stolen property

Headnote :

Section 3 of the Railway Property (Unlawful Possession) Act, 1966 stipulates penalties for the unlawful possession of railway property, with the key conditions being: (1) the property must be classified as railway property, (2) there must be reasonable suspicion that it was stolen or unlawfully acqu...

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Vijaysingh Rathore Vs. Murarilal & Ors [1979] INSC 140 (3 August 1979)

Judgement Date : 03 Aug 1979

Citation : 1979 Latest Caselaw 140 SC

Headnote :

Rule 10 of Chapter II, Part 6 of the Bar Council of India\'s regulations regarding professional misconduct states that an advocate is prohibited from acting as a surety or certifying the financial reliability of a surety for their client in any legal proceedings.The appellant, who is a practicing ad...

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Brij Mohan Vs. Commissioner of Income Tax, New Delhi [1979] INSC 141 (3 August 1979)

Judgement Date : 03 Aug 1979

Citation : 1979 Latest Caselaw 141 SC

Income Tax Act, 1961

Headnote :

Section 271(1)(c)(iii) stated that if the Income Tax officer had reason to believe that the taxpayer had concealed details of their income or provided inaccurate information regarding such income, they could impose a penalty in addition to any tax owed by the taxpayer. This penalty would be no less...

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N. Madhavan Vs. State of Kerala [1979] INSC 142 (7 August 1979)

Judgement Date : 07 Aug 1979

Citation : 1979 Latest Caselaw 142 SC

CrPC Section 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
Indian Penal Code, 1860 (IPC)
IPC Section 96. Things done in private defence

Headnote :

The Sessions Judge accepted the plea of self-defense, determining that the accused was protected under Section 96 of the Penal Code and thus had not committed any crime. However, the judge ordered the confiscation of M.O. 1, the licensed firearm that the accused had surrendered, to the Government. A...

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H.S. Verma & Ors Vs. Secretary, Ministry of Shipping & Transport & Ors [1979] INSC 143 (7 August 1979)

Judgement Date : 07 Aug 1979

Citation : 1979 Latest Caselaw 143 SC

Constitution of India

Headnote :

The Central Engineering Service (Roads) of the Ministry of Transport and Communications, Department of Transport (Roads Wing) Class-I Recruitment Rules of 1959 stipulated that recruitment to the service would occur through competitive examinations, promotions, and transfers as outlined in Parts III,...

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Kathiawar Industries Ltd. Vs. Jaffrabad Municipality [1979] INSC 144 (8 August 1979)

Judgement Date : 08 Aug 1979

Citation : 1979 Latest Caselaw 144 SC

Constitution of India

Headnote :

In 1948, with the establishment of Saurashtra State, Jaffrabad fell within its jurisdiction, and the Bombay District Municipal Act of 1901, as modified for the State, was applied to Jaffrabad. The Jaffrabad Municipality, which is the predecessor of the respondent, was formed under this Act.On Octobe...

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State of Gujarat Vs. Gujarat Revenue Tribunal & Ors [1979] INSC 145 (8 August 1979)

Judgement Date : 08 Aug 1979

Citation : 1979 Latest Caselaw 145 SC

Bombay Personal Inams Abolition Act, 1952
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Bombay Taluqdari Tenure Abolition Act of 1949 and the Bombay Personal Inams Abolition Act of 1952 aimed to eliminate taluqdari and inamdari rights as part of agrarian reform. Both Acts include provisions in Section 6 of the former and Section 7 of the latter, stating that \"...all unbuilt villag...

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Mohammad Yousuf Rather Vs. The State of Jammu & Kashmir & Ors [1979] INSC 146 (10 August 1979)

Judgement Date : 10 Aug 1979

Citation : 1979 Latest Caselaw 146 SC

Constitution of India
Jammu and Kashmir Public Safety Act, 1978

Naresh Chandra Ganguli Vs. The State of West Bengal & Ors [1959] INSC 93 (20 may 1959)
Dr. Ram Krishan Bhardwaj Vs. The State of Delhi & Ors [1953] INSC 35 (16 April 1953)
The State of Bombay Vs. Atma Ram Sridhar Vaidya [1951] INSC 5 (25 January 1951)

Headnote :

The petitioner contested his detention under the Jammu regulations.He received the grounds for his detention as an annex to the District Magistrate\'s detention order. The petitioner was notified that he could submit a representation to the Government regarding the contested detention order if he wi...

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Inderjeet Vs. State of Uttar Pradesh & ANR [1979] INSC 147 (10 August 1979)

Judgement Date : 10 Aug 1979

Citation : 1979 Latest Caselaw 147 SC

Headnote :

HELD: The combination of Section 7 and Section 16 of the Prevention of Food Adulteration Act is constitutionally valid. [257G] It is the role of Parliament to set policy, while the courts are responsible for determining constitutionality. The protection of public health and the regulation of harmful...

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Baselius Mar Thoma Mathews & Ors Vs. Paulose Mar Athanasius Ors [1979] INSC 148 (10 August 1979)

Judgement Date : 10 Aug 1979

Citation : 1979 Latest Caselaw 148 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A significant number of lawsuits initiated by a religious community in the State had been pending for years across various courts.In light of the prolonged nature and multitude of cases, along with the harmful social implications stemming from such litigation, the High Court and the State Government...

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Rajinder Nath Vs. Commissioner of Income Tax, Delhi [1979] INSC 149 (13 August 1979)

Judgement Date : 13 Aug 1979

Citation : 1979 Latest Caselaw 149 SC

Income Tax Act, 1961

Headnote :

A Hindu undivided family, comprising the father (Karta) and his three sons, was engaged in business. The Karta acquired land in his name, with the purchase price paid from the family\'s accounts, and subsequently, a building was constructed on this land. Another building was erected on a different p...

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S. B. Noronah Vs. Prem Kumari Khanna [1979] INSC 150 (16 August 1979)

Judgement Date : 16 Aug 1979

Citation : 1979 Latest Caselaw 150 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The Court dismissed the appeal made under special leave.HELD: Section 21 of the Delhi Rent Control Act, 1958 establishes a specific category for special treatment. While landlords cannot evict tenants without adhering to sections 14, 19, and 20 of the Act, it cannot be said that a lenient eviction p...

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Thakoreshri Naharsinghji Dolatsinghji & Ors Vs. State of Gujarat & Ors [1979] INSC 151 (17 August 1979)

Judgement Date : 17 Aug 1979

Citation : 1979 Latest Caselaw 151 SC

Bombay Land Revenue Code, 1879
Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953
Gujarat Private forests (Acquisition) Act, 1972
Indian Forest Act, 1927
Indian Forest Act, 1927

Headnote :

The disputed lands, which were once part of a former Princely State, remained unalienated as long as the Princely State collected land revenue for them. They became alienated when the Princely State granted proprietary jagirs to the jagirdars, who then settled the disputed lands with the appellants...

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Bishan Devi & Ors Vs. Sirbaksh Singh & ANR [1979] INSC 152 (20 August 1979)

Judgement Date : 20 Aug 1979

Citation : 1979 Latest Caselaw 152 SC

Motor Vehicles Act, 1939

Headnote :

The appellants filed a claim petition with the Motor Accidents Claims Tribunal, seeking Rs. 50,000/- in compensation, alleging that the first appellant\'s husband was run over by a truck driven recklessly and negligently. The second to fifth appellants are the minor children of the first appellant.T...

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G. R. Luthra Vs. Lt. Governor of Delhi & Ors [1979] INSC 153 (22 August 1979)

Judgement Date : 22 Aug 1979

Citation : 1979 Latest Caselaw 153 SC

Delhi Higher Judicial Service Rules, 1970

Headnote :

In the competitive examination for the recruitment to the Punjab State Judicial Service, held in 1950 by the undivided State of Punjab, the petitioner and respondent no. 3 were ranked 4th and 13th, respectively, on the merit list. On August 7, 1950, the petitioner was appointed as a Sub-Judge to a p...

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Sharif Ahmed Vs. State of U.P [1979] INSC 154 (22 August 1979)

Judgement Date : 22 Aug 1979

Citation : 1979 Latest Caselaw 154 SC

Headnote :

The ban established by the Prevention of Food Adulteration Act and its associated Rules is in place due to its detrimental effects on human health. The lack of evidence does not equate to evidence of non-existence. The absence of a statement in the Public Analyst\'s report indicating that the \"colo...

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V. Dhanapal Chettiar Vs. Yesodai Ammal [1979] INSC 155 (23 August 1979)

Judgement Date : 23 Aug 1979

Citation : 1979 Latest Caselaw 155 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 107. TPA, Leases how made.
Section 108. TPA, Rights and liabilities of lessor and lessee.
Section 111. TPA, Determination of lease.
Section 114A. TPA, Relief against forfeiture in certain other cases.

Puwada Venkateswara Rao Vs. Chidamana Venkata Ramana [1976] INSC 41 (8 March 1976)
Mangilal Vs. Suganchand Rathi [1963] INSC 213 (24 October 1963)
Bhaiya Punjalal Bhagwanddin Vs. Dave Bhagwatprasad Prabhuprasad [1962] INSC 201 (4 May 1962)

Headnote :

A lease agreement between a lessor and a lessee is established through a contract when both parties agree on the rent, duration of the tenancy, and other pertinent terms. Section 111 of the Transfer of Property Act outlines various ways in which a lease of immovable property can be terminated. Accor...

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Supdt. & Remembrancer of Legal Affairs West Bengal Vs. Anil Kumar Bhunja & Ors [1979] INSC 156 (23 August 1979)

Judgement Date : 23 Aug 1979

Citation : 1979 Latest Caselaw 156 SC

Arms Act, 1959
CrPC Section 228. Framing of charge

Headnote :

The prosecution claimed that while investigating a case, police officers from the appellant state uncovered a workshop operated by a mechanic who was actively working on a revolver. In addition to the revolver, several other firearms, including guns and rifles, were found in the workshop, all of whi...

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Valliamma Champaka Pillai Vs. Sivathanu Pillai & Ors [1979] INSC 157 (24 August 1979)

Judgement Date : 24 Aug 1979

Citation : 1979 Latest Caselaw 157 SC

States Reorganisation Act, 1956
Transfer of Property Act, 1882

Headnote :

In the years 1881-1882, brothers Madhavan and Sivathanu mortgaged items 31 to 42 and 44 of the disputed properties with possession. These items were redeemed by Padmanabhan, the father of defendants 1 to 3 (the respondents), between 1913 and 1918, who paid the full redemption amount and obtained sol...

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H. H. Shri Swamiji of Shri Admar Mutt Vs. The Commissioner, Hindu Religious & Charitable Endowments [1979] INSC 158 (27 August 1979)

Judgement Date : 27 Aug 1979

Citation : 1979 Latest Caselaw 158 SC

Code of Civil Procedure, 1908 (CPC)
Madhya Pradesh Extension of Laws Act, 1958
States Reorganisation Act, 1956

Bhaiyalal Shukla Vs. State of Madhya Pradesh [1961] INSC 369 (31 December 1961)
The State of Rajasthan Vs. Rao Manohar Singhji [1954] INSC 25 (15 March 1954)

Headnote :

The religious Mutts, of which the appellants served as Mathadhipatis, were located in the South Kanara District, which was previously part of the State of Madras. According to Section 76(1) of the Madras Hindu Religious and Charitable Endowments Act, 1951, applicable to these Mutts, every religious...

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Sundari & Ors Vs. Laxmi & Ors [1979] INSC 159 (28 August 1979)

Judgement Date : 28 Aug 1979

Citation : 1979 Latest Caselaw 159 SC

Hindu Succession Act, 1956

Headnote :

The parties involved in the litigation that led to this appeal are subject to the Aliyasantana law that is in effect in the South Kanara district. They belong to a Kutumba that traces its lineage back to a common ancestress named Manjekke. Parameshwari, along with her son and daughter, filed origina...

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M. Ramakrishnan Vs. State of Madras [1979] INSC 160 (28 August 1979)

Judgement Date : 28 Aug 1979

Citation : 1979 Latest Caselaw 160 SC

Headnote :

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as defined in Section 3 (42), characterizes \"stridhana land\" as any land owned by a female family member in her name as of the Act\'s commencement date (April 6, 1960). Furthermore, Section 5 (4)(a) of the Act permits such a fema...

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Jaswant Singh & Ors Vs. Union of India & Ors [1979] INSC 161 (29 August 1979)

Judgement Date : 29 Aug 1979

Citation : 1979 Latest Caselaw 161 SC

Central Civil Services (Temporary Service) Rules, 1965
Constitution of India
Industrial Disputes Act, 1947

Headnote :

The Beas Project, initiated in 1960, was a collaborative effort between the composite State of Punjab and the State of Rajasthan. The Central Government, in consultation with the relevant State Governments, established a Board called the Beas Control Board to oversee all policy and administrative de...

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Shanti Vijay & Co. Vs. Princess Fatima Fouzia & Ors [1979] INSC 162 (31 August 1979)

Judgement Date : 31 Aug 1979

Citation : 1979 Latest Caselaw 162 SC

Code of Civil Procedure, 1908 (CPC)
Delegation of Powers
Delegation of Powers

Headnote :

The late H.E.H. Nawab Mir Sir Osman Ali, the Nizam of Hyderabad, established the H.E.H. the Nizam\'s Jewellery Trust through an indenture dated March 29, 1951, concerning 107 items of exceptionally valuable, rare, and priceless jewellery for the benefit of his two sons, two grandsons, two granddaugh...

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Rameshwar Prasad Vs. State of Bihar & Ors [1979] INSC 163 (31 August 1979)

Judgement Date : 31 Aug 1979

Citation : 1979 Latest Caselaw 163 SC

Constitution of India

Headnote :

The petitioner contested the High Court\'s order that suggested his replacement by promoting other Sub-judges to the position of Additional District Judges, as well as the Government\'s acceptance of this recommendation. He argued that his judicial career had been impeccable, claiming that the conte...

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Indian And Eastern Newspaper Society New Delhi Vs. Commissioner of Income Tax, New Delhi [1979] INSC 164 (31 August 1979)

Judgement Date : 31 Aug 1979

Citation : 1979 Latest Caselaw 164 SC

Income Tax Act, 1961

Headnote :

Section 147(b) of the Income Tax Act, 1961 states that if an Income Tax officer has reason to believe, based on information in their possession, that income subject to tax has not been assessed for any assessment year, they are permitted to assess or reassess that income.During an internal audit of...

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