Caselaw | Supreme Court Judgements of february 1979

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State of U.P. Vs. Ashok Kumar & ANR [1979] INSC 26 (2 February 1979)

Judgement Date : 02 Feb 1979

Citation : 1979 Latest Caselaw 26 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The defendants were accused of an offense under section 302 of the Indian Penal Code. The prosecution\'s case stated that on the night of the incident, which was illuminated by moonlight, the deceased and the prosecution witnesses attended a drama at the Ramlila Grounds in the village. After consumi...

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S.Mohan Lal Vs. R. Kondiah [1979] INSC 27 (5 February 1979)

Judgement Date : 05 Feb 1979

Citation : 1979 Latest Caselaw 27 SC

Advocates Act, 1961

Headnote :

The respondent, who is an advocate, initiated eviction proceedings against his tenant, the appellant, based on section 10(3)(a)(iii) of the Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960, claiming that he needed the premises in question to pursue his profession. The Small Cause...

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State of Rajasthan Vs. Raghuveer Singh & Ors [1979] INSC 28 (5 February 1979)

Judgement Date : 05 Feb 1979

Citation : 1979 Latest Caselaw 28 SC

Constitution of India

Headnote :

The Interest Act of 1839 (32 of 1839) grants the Court the authority to award interest to the plaintiff if the claimed amount is a definite sum that is due at a specific time according to a written agreement, at a rate not exceeding the prevailing interest rate from the time the amount was due. If t...

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Jagat Singh Kishor Singh Darbar Vs. The State of Gujarat [1979] INSC 29 (6 February 1979)

Judgement Date : 06 Feb 1979

Citation : 1979 Latest Caselaw 29 SC

Bombay Prevention of Gambling Act, 1887
Bombay Prevention of Gambling Act, 1887
Constitution of India

Headnote :

The phrase \"common gaming house\" is defined in section 3 of the Bombay Prevention of Gambling Act, 1887. According to clause (i) of this section, a house or location where any of the six specified types of gaming occurs, or where gaming instruments are stored or utilized for such gaming, qualifies...

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Tarkeshwar Sio Thakur Jiu Vs. Bar Dass Dey & Co. & Ors [1979] INSC 30 (6 February 1979)

Judgement Date : 06 Feb 1979

Citation : 1979 Latest Caselaw 30 SC

Mines Act, 1952
Section 1. TPA, Short title.
Section 105. TPA, Lease defined.
Section 107. TPA, Leases how made.
Section 108. TPA, Rights and liabilities of lessor and lessee.
Transfer of Property Act, 1882
West Bengal Estates Acquisition Act, 1953

Headnote :

The appellant, a legal entity, was exercising its rights through the Shebait, Mohanta Srimati Dandi Swami, as a Darpatnidar of the disputed land. On July 10, 1941, the appellant entered into a lease agreement (Ex. A) with the respondents, allowing them to extract sand from the land for a duration of...

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L. Kochivareed Vs. P. Meriappa Gounder & Ors [1979] INSC 31 (7 February 1979)

Judgement Date : 07 Feb 1979

Citation : 1979 Latest Caselaw 31 SC

Code of Civil Procedure, 1908 (CPC)

Chitturi Subbanna Vs. Kudapa Subbanna & Ors [1964] INSC 298 (18 December 1964)

Headnote :

Meriappa Gounder, the first respondent in C.A. 466/69 and the first appellant in C.A. 2375/69, initiated a lawsuit on August 23, 1950, in the District Court of Trichur, seeking specific performance of an agreement dated May 22, 1950, made by Soliappa Chettiar. Soliappa Chettiar claimed he was unable...

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State of M.P & ANR Vs. Ram Raghubir Prasad Agarwal & Ors [1979] INSC 32 (7 February 1979)

Judgement Date : 07 Feb 1979

Citation : 1979 Latest Caselaw 32 SC

Headnote :

The M. P. Prathmik Middle School Tatha Madhyamik Shiksha (Pathya Pusthakon Sambandhi Vyavastha) Adhiniyam 1973 granted the State Government the authority to prescribe textbooks based on the established syllabus and to manage the preparation, printing, and distribution of these textbooks.According to...

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Rajendra Prasad Vs. State of Uttar Pradesh [1979] INSC 33 (9 February 1979)

Judgement Date : 09 Feb 1979

Citation : 1979 Latest Caselaw 33 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 84. Act of a person of unsound mind

Headnote :

(By the majority opinion of Justices Krishna Iyer and Desai)1. The primary issue before the Court is determining the circumstances under which capital punishment should be imposed on a murderer, and why it may not be applicable in other cases, as outlined by the Code.The urgency for a resolution is...

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State of Haryana Vs. Darshana Devi & Ors [1979] INSC 34 (12 February 1979)

Judgement Date : 12 Feb 1979

Citation : 1979 Latest Caselaw 34 SC

Headnote :

The widow and her daughter, who were the respondents, sought compensation for the death of their only provider, caused by a Haryana State Transport bus. However, they were unable to pay the court fees associated with their claim. The High Court ruled that the exemption provisions of Order XXXIII of...

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Hussainara Khatoon & Ors Vs. Home Secretary, State of Bihar, Govt. of Bihar, Patna [1979] INSC 35 (12 February 1979)

Judgement Date : 12 Feb 1979

Citation : 1979 Latest Caselaw 35 SC

Constitution of India

Headnote :

In their habeas corpus petition, the petitioners claimed that many individuals, including children, had been imprisoned for years while waiting for their trials, and that even if the charges were proven, the maximum punishment would only be a few months. Despite ample opportunity, the State failed t...

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Jit Singh & Ors Vs. State of Punjab & Ors [1979] INSC 36 (13 February 1979)

Judgement Date : 13 Feb 1979

Citation : 1979 Latest Caselaw 36 SC

Headnote :

The proviso to Rule 6 of the Punjab Police Service Rules, 1959, concerning appointments to the higher position of Deputy Superintendents of Police, stipulated that only inspectors with six years of continuous service (both officiating and substantive) in the rank of inspector would be eligible for p...

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State of Maharashtra & ANR Vs. Digambar Balwant Kulkarni [1979] INSC 37 (13 February 1979)

Judgement Date : 13 Feb 1979

Citation : 1979 Latest Caselaw 37 SC

Constitution of India

Headnote :

Clause (2) of the works contract between the plaintiff (respondent) and the defendant (appellant) specified that time was critical to the agreement, mandating that the contractor adhere strictly to the one-year timeline for completing the work. It also stated that the contractor would incur a penalt...

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Muddada Chayana Vs. Karnam Narayana & ANR [1979] INSC 38 (14 February 1979)

Judgement Date : 14 Feb 1979

Citation : 1979 Latest Caselaw 38 SC

Headnote :

According to Section 56(1)(c) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, if a dispute arises after an estate has been notified regarding (a) whether any rent owed by a ryot for a particular fasli year is overdue, (b) the amount of rent that is ove...

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Badri Nath & ANR Vs. Mst. Punna & Ors [1979] INSC 39 (15 February 1979)

Judgement Date : 15 Feb 1979

Citation : 1979 Latest Caselaw 39 SC

Hindu Succession Act, 1956
Section 6. TPA, What may be transferred.

Ram Rattan Vs. Bajrang Lal & Ors [1978] INSC 109 (5 May 1978)

Headnote :

The plaintiff\'s father, along with the defendants, had a right to receive a specific portion of the offerings made at a sacred shrine. Following her father\'s death, the plaintiff sought to claim his share of the offerings, asserting that she was entitled to it both through inheritance laws and her...

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Bareilly Holdings Ltd. Vs. Their Workmen [1979] INSC 40 (16 February 1979)

Judgement Date : 16 Feb 1979

Citation : 1979 Latest Caselaw 40 SC

Employees State Insurance Act, 1948

Headnote :

According to the ruling in Adjudication case No. 33 of 1952 issued by the State Tribunal in Allahabad, the respondents were entitled to fifteen days of sick leave with full pay as part of their employment terms. The appellant adopted the Employees State Insurance Act in 1957, which led to the paymen...

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Shakuntla Vs. State of Haryana [1979] INSC 41 (16 February 1979)

Judgement Date : 16 Feb 1979

Citation : 1979 Latest Caselaw 41 SC

Pepsu Tenancy and Agricultural Lands Act, 1955
Pepsu Tenancy and Agricultural Lands Act, 1955
Section 122. TPA, “Gift” defined.
Section 5. TPA, “Transfer of property” defined.
Section 54. TPA, “Sale” defined.

Headnote :

The appellants were individuals who received gifts of agricultural land from unrelated donors prior to July 30, 1958, out of love and affection. The Revenue authorities ruled that these gifts were not safeguarded by section 32FF of the PEPSU Tenancy and Agricultural Lands Act, 1955, due to the absen...

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Gayaram Patel & Ors Vs. Kailash Chand Panigrahi [1979] INSC 42 (20 February 1979)

Judgement Date : 20 Feb 1979

Citation : 1979 Latest Caselaw 42 SC

Constitution of India
Orissa Estates Abolition Act, 1951
Orissa Hindu Religious Endowments Act, 1951

Headnote :

The ancestors of a former Zamindar dedicated their maufi interest in a village to a deity. Acting on behalf of this deity, the ex-zamindar established a lease of thikadari rights in the village for the appellant, valid for ten years. The lease deed referred to the appellant as the \"legal guardian o...

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Kishan Chand Vs. Delhi Administration & ANR [1979] INSC 43 (20 February 1979)

Judgement Date : 20 Feb 1979

Citation : 1979 Latest Caselaw 43 SC

Headnote :

Rule 60 of the Prevention of Food Adulteration Rules, 1955 defines \"emulsifying agents\" and \"stabilising agents\" as substances that, when added to food, can help achieve a uniform distribution of oils and fats in aqueous solutions or vice versa, and/or maintain the stability of such emulsions. A...

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Bai Vajia (Dead) By L.R.S. Vs. Thakorbhai Chelabhai & Ors [1979] INSC 44 (20 February 1979)

Judgement Date : 20 Feb 1979

Citation : 1979 Latest Caselaw 44 SC

Hindu Succession Act, 1956

Eramma Vs. Verrupanna & Ors [1965] INSC 253 (18 November 1965)

Headnote :

According to the decree from a partition suit dated August 18, 1909, Motabhai and the two sons of Mohanbhai, who are the predecessors in interest of the plaintiffs, were obligated to pay an annual maintenance allowance of Rs. 42/- to Bai Vajia, the appellant, on Magsher Sud 2 each year. The decree a...

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M. Karunanidhi Vs. Union of India [1979] INSC 45 (20 February 1979)

Judgement Date : 20 Feb 1979

Citation : 1979 Latest Caselaw 45 SC

Constitution of India
CrPC Section 239. When accused shall be discharged
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 405. Criminal breach of trust
IPC Section 471. Using as genuine a forged document or electronic record
Tamil Nadu Panchayats Act, 1958

Headnote :

In December 1973, the Madras Legislature enacted the Tamil Nadu Public Men (Criminal Misconduct) Act, 1973, following the President\'s approval. This State Act was amended by Act 16 of 1974, with the President\'s assent granted on April 10, 1974. The provisions of the Act came into effect on May 8,...

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Distt. Registrar Palghat & Ors Vs. M. B. Koyyakuti & Ors [1979] INSC 46 (20 February 1979)

Judgement Date : 20 Feb 1979

Citation : 1979 Latest Caselaw 46 SC

Headnote :

The respondent, who was initially part of the Madras Ministerial Service, was assigned to the State of Kerala as a lower division clerk following the reorganization of States. The State Government of Madras appointed him as a lower division clerk, citing his belonging to an educationally backward co...

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Tarinikamal Pandit & Ors Vs. Perfulla Kumar Chatterjee [1979] INSC 47 (21 February 1979)

Judgement Date : 21 Feb 1979

Citation : 1979 Latest Caselaw 47 SC

Headnote :

The plaintiffs-appellants initiated a lawsuit against the defendants-respondents, asserting their ownership of the property based on an unregistered document. This property had been acquired by the defendants through a sale conducted by the Receiver under the Court\'s orders. The plaintiffs claimed...

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Navinchandra Ramanlal Vs. Kalidas Bhudarbhai & ANR [1979] INSC 48 (21 February 1979)

Judgement Date : 21 Feb 1979

Citation : 1979 Latest Caselaw 48 SC

Headnote :

Sections 43C and 88 of the Bombay Tenancy and Agricultural Lands Act, 1948 exempted specific lands from the Act\'s provisions. Section 43C stated that sections 32 to 32R (inclusive) and section 43 do not apply to lands located \"within the limits\" of a Municipal Corporation established under the Bo...

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Bishnu Deo Shaw @ Bishnu Dayal Vs. State of West Bengal [1979] INSC 49 (22 February 1979)

Judgement Date : 22 Feb 1979

Citation : 1979 Latest Caselaw 49 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Rajendra Prasad Vs. State of Uttar Pradesh [1979] INSC 33 (9 February 1979)

Headnote :

The appellant was found guilty of murdering his son by the Additional Session\'s Judge in Alipore and was sentenced to death. The Sessions Judge described the murder as \"cruel and brutal,\" highlighting the accused\'s \"grim determination\" to kill the victim.The Sessions Judge did not address the...

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Meenakshisundaram Chettiar Vs. Venkatachalam Chettiar [1979] INSC 50 (23 February 1979)

Judgement Date : 23 Feb 1979

Citation : 1979 Latest Caselaw 50 SC

Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

The power of attorney granted by the plaintiff designated the defendant as his agent, empowering him to settle debts and invest funds on the plaintiff\'s behalf, among other responsibilities. In the lawsuit initiated by the plaintiff, he sought a directive for the defendant to provide accurate and c...

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Desh Bandhu Gupta & Co. & Ors Vs. Delhi Stock Exchange Assn. Ltd. [1979] INSC 51 (23 February 1979)

Judgement Date : 23 Feb 1979

Citation : 1979 Latest Caselaw 51 SC

Headnote :

On June 27, 1969, the Central Government issued a notification under section 16(1) of the Securities Contracts (Regulation) Act of 1956, which immediately prohibited all forward trading in shares on recognized stock exchanges across the country. The notification included a proviso that addressed how...

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Zila Singh & Ors Vs. Hazari & Ors [1979] INSC 52 (25 February 1979)

Judgement Date : 25 Feb 1979

Citation : 1979 Latest Caselaw 52 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Pre-Emption Act, 1913
Punjab Pre-emption Act, 1913
Punjab Pre-Emption Act, 1913

Headnote :

The original seller of the disputed lands transferred ownership to the first buyer. Subsequently, three pre-emption decrees were issued in favor of the pre-emptor against the seller and his buyers. After fulfilling the conditions set forth in the decrees, which included depositing certain amounts of...

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Hussainara Khatton & Ors Vs. Home Secretary, State of Bihar, Patna [1979] INSC 53 (26 February 1979)

Judgement Date : 26 Feb 1979

Citation : 1979 Latest Caselaw 53 SC

Constitution of India
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
Indian Penal Code, 1860 (IPC)
IPC Section 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
IPC Section 395. Punishment for dacoity

Headnote :

During the subsequent hearing regarding the release of under-trial prisoners in Bihar,IT WAS DECIDED: (a)(i) The term \'protective custody\' serves as a euphemism that conceals the reality of imprisonment. It is a phrase designed to soothe moral concerns. This so-called \'protective custody\' consti...

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State of U.P. & ANR Vs. Raza Buland Sugar Co. Ltd., Rampur [1979] INSC 54 (27 February 1979)

Judgement Date : 27 Feb 1979

Citation : 1979 Latest Caselaw 54 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

Two joint stock companies entered into agreements with a former Princely State to obtain agricultural land in exchange for fair and equitable land revenue payments. Subsequently, the two companies formed a partnership firm. Following the merger of the State with the Union of India, the Assessing Aut...

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Hoshnak Singh Vs. Union of India & Ors [1979] INSC 55 (27 February 1979)

Judgement Date : 27 Feb 1979

Citation : 1979 Latest Caselaw 55 SC

Administration of Evacuee Property (Central) Rules, 1950
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954

Headnote :

A portion of the land assigned to the appellant on a quasi-permanent basis as a displaced individual from West Pakistan was taken over by the Government. While the issue of compensation for the acquired land was still unresolved, the Displaced Persons (Compensation and Rehabilitation) Act of 1954 wa...

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Jagdish Vs. State of Rajasthan [1979] INSC 56 (28 February 1979)

Judgement Date : 28 Feb 1979

Citation : 1979 Latest Caselaw 56 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant, along with four other defendants charged under section 302 of the Indian Penal Code (IPC), was acquitted of the charges. However, the appellant was convicted and sentenced under section 304 in conjunction with section 34 of the IPC. The High Court rejected the trial court\'s conclusio...

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