Caselaw | Supreme Court Judgements of january 1979

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Income Tax Officer & Ors Vs. M/S. Madnani Engineering Works Ltd., Calcutta [1979] INSC 1 (4 January 1979)

Judgement Date : 04 Jan 1979

Citation : 1979 Latest Caselaw 1 SC

Income Tax Act, 1961

Headnote :

In relation to the assessment year 1959-60, the taxpayer was permitted to deduct interest paid to creditors from whom it claimed to have borrowed money through hundis. In January 1968, the Income Tax Officer issued a notice to the taxpayer under section 147(a) of the Income-tax Act, 1961, asserting...

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S. P. Bhatnagar Vs. State of Maharashtra [1979] INSC 2 (4 January 1979)

Judgement Date : 04 Jan 1979

Citation : 1979 Latest Caselaw 2 SC

Corrigendum
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Headnote :

Both appellants were officials of Indian Oil Corporation. The Corporation sought tenders from qualified contractors for rock cutting, filling, and leveling of certain land it had acquired. On the designated date, it opened the tenders submitted by eleven contractors.However, after altering the speci...

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Indian Oxygen Ltd. Vs. The Workmen [1979] INSC 3 (9 January 1979)

Judgement Date : 09 Jan 1979

Citation : 1979 Latest Caselaw 3 SC

Industrial Disputes Act, 1947
U.P. Industrial Disputes Rules, 1957

Herbertsons Limited Vs. Workmen of Herbertsons Limited & Ors [1976] INSC 280 (3 November 1976)

Headnote :

Industrial Disputes Act, 1947 (14 of 1947) Section 18 - Applicability.The appellant company operated in several states across the country. At its Kanpur establishment, there were two unions: the Shramik Sangh, which was affiliated with a Federal Union representing various trade unions, and the Karam...

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Ram Lal Narang Vs. State of Delhi (Admn.) [1979] INSC 4 (10 January 1979)

Judgement Date : 10 Jan 1979

Citation : 1979 Latest Caselaw 4 SC

Antiquities and Art Treasures Act, 1972
Criminal Procedure Code, 1973
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 157. Procedure for investigations
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 204. Issue of processed
CrPC Section 306. Tender of pardon to accomplice
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 406. Punishment for criminal breach of trust
IPC Section 410. Stolen Property
IPC Section 411. Dishonestly receiving stolen property
IPC Section 420. Cheating and dishonestly inducing delivery of property

Tara Singh Vs. The State [1951] INSC39 (1 June 1951)

Headnote :

A criminal case stemming from F.I.R. 72 of 1967 involved Sri Bali Ram Sharma and two others, accused of stealing two ancient and valuable sandstone pillars from the Suraj Kund Temple in Amin village, District Karnal. The case concluded with the acquittal of the defendants. During the proceedings, Na...

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Rajendera Nath Kar Vs. Gangadas & Gangadhar Rathi & Ors [1979] INSC 5 (12 January 1979)

Judgement Date : 12 Jan 1979

Citation : 1979 Latest Caselaw 5 SC

Limitation Act, 1963
West Bengal Premises Tenancy Act, 1956

Headnote :

In the eviction case initiated by the respondents against the appellant under the West Bengal Premises Tenancy Act, 1956, citing that the appellant was behind on rent, had sublet the property, and that the respondents needed the property for their own use, the appellant paid the overdue rent within...

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Controller of Estate Duty, Karnataka, Bangalore Vs. Umesh Rudra [1979] INSC 6 (15 January 1979)

Judgement Date : 15 Jan 1979

Citation : 1979 Latest Caselaw 6 SC

Headnote :

The deceased transferred ownership of his residential property to his wife but continued to live there with her. Upon his passing, the appellant included the value of the residential property in the principal value of the estate for estate duty calculations, arguing that the deceased\'s continued re...

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Swaran Lata Vs. Union of India & Ors [1979] INSC 7 (16 January 1979)

Judgement Date : 16 Jan 1979

Citation : 1979 Latest Caselaw 7 SC

Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966

Headnote :

Section 84 of the States\' Reorganisation Act, 1966 granted the Central Government the authority to issue directives to the State Governments of Punjab and Haryana, as well as to the Administrator of the Union Territory of Chandigarh, \"to implement the provisions of this part of the Act.\" To fill...

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Mohd. Shabir Vs. State of Maharashtra [1979] INSC 8 (17 January 1979)

Judgement Date : 17 Jan 1979

Citation : 1979 Latest Caselaw 8 SC

Headnote :

The appellant was apprehended at the Bhuysawal railway station, where 17 containers containing 17,000 white tablets were seized from him. A public analyst tested the tablets and determined that they did not meet the standards outlined in section 18(a) of the Drugs and Cosmetics Act. The appellant wa...

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State of Kerala Vs. Kumari T. P. Roshana & ANR [1979] INSC 9 (17 January 1979)

Judgement Date : 17 Jan 1979

Citation : 1979 Latest Caselaw 9 SC

Constitution of India
Indian Medical Council Act, 1956
States Reorganisation Act, 1956

Headnote :

Articles 32 and 136 emphasize that when the root cause of a grievance and the outcome of a writ are collective rather than individual, the courts have the authority to actively structure remedies to ensure they are meaningful and socially relevant, and thus, decisional guidelines should be establish...

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Mohd. Iqbal, Ahmad Vs. State of Andhra Pradesh [1979] INSC 10 (18 January 1979)

Judgement Date : 18 Jan 1979

Citation : 1979 Latest Caselaw 10 SC

Headnote :

The appellant, who faced charges under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, was acquitted by the Special Judge. However, upon the State\'s appeal, the High Court overturned the Special Judge\'s decision and convicted the appellant.In the appeal to thi...

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Union of India Vs. Surjit Singh Atwal [1979] INSC 11 (18 January 1979)

Judgement Date : 18 Jan 1979

Citation : 1979 Latest Caselaw 11 SC

Constitution of India
Government of India Act, 1935
Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

Pleadings - Denial of a contract - Scope of Civil Procedure Code, 1908 (Act V of 1908), Order VI Rule 8 and Order VIII Rule 2.The respondent-plaintiff entered into a formal written agreement with the appellant to construct a hard runway, taxi tracks, and dispersal roads at Dalbhumghar Aerodrome. The...

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Lingari Obulamma Vs. L. Venkata Reddy & Ors [1979] INSC 12 (19 January 1979)

Judgement Date : 19 Jan 1979

Citation : 1979 Latest Caselaw 12 SC

Indian Penal Code, 1860 (IPC)
IPC Section 494. Marrying again during lifetime of husband or wife

Headnote :

The appellant was the husband of the first respondent.Due to strained relations over several years, the couple lived apart. Following the husband\'s allegation that his wife had remarried while their marriage was still valid, she and the fourth accused were found guilty under section 494 of the Indi...

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Mahant Amar Parkash & Ors Vs. Parkasha Nand & Ors [1979] INSC 13 (19 January 1979)

Judgement Date : 19 Jan 1979

Citation : 1979 Latest Caselaw 13 SC

Headnote :

In his lawsuit seeking a declaration that he was the Mahant of a Ders, the plaintiff (respondent) asserted that the deceased Mahant, who had previously granted a power of attorney to the defendant (appellant), revoked it and convened the General Assembly of the Udasi Bhekh. This assembly, attended b...

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Gujarat State Cooperative Land Development Bank Ltd. Vs. P. R. Manded & Ors [1979] INSC 14 (23 January 1979)

Judgement Date : 23 Jan 1979

Citation : 1979 Latest Caselaw 14 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Gujarat Co-Operative Societies Act, 1961

Headnote :

The appellant Bank was a society registered under the Bombay Co-operative Societies Act of 1925. With the implementation of the Gujarat Co-operative Societies Act, 1961 on May 1, 1962, it became subject to the provisions of that Act.On March 2, 1963, the Government of Gujarat issued Notification No....

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K. L. Subbayya Vs. State of Karnataka [1979] INSC 15 (24 January 1979)

Judgement Date : 24 Jan 1979

Citation : 1979 Latest Caselaw 15 SC

Headnote :

The appellant was found guilty under section 34 of the Mysore Excise Act and received a sentence of three months of rigorous imprisonment along with a fine of Rs. 100/- for possessing 48 bottles of liquor that were seized from the vehicle he was driving.It was argued that the requirements of section...

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State of Uttar Pradesh Vs. Bhoop Singh Verma [1979] INSC 16 (24 January 1979)

Judgement Date : 24 Jan 1979

Citation : 1979 Latest Caselaw 16 SC

Headnote :

The respondent was appointed as a temporary Sub-Inspector of police in 1955 and was discharged from service on July 13, 1957. He filed a Writ Petition in the Allahabad High Court, which was granted on August 4, 1959, leading to his reinstatement on December 15, 1959. However, on January 21, 1960, hi...

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Sita Ram & Ors Vs. State of U.P [1979] INSC 17 (24 January 1979)

Judgement Date : 24 Jan 1979

Citation : 1979 Latest Caselaw 17 SC

Criminal Procedure Code, 1973
CrPC Section 379. Appeal against conviction by High Court in certain cases
CrPC Section 384. Summary dismissal of appeal
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970

Headnote :

Rule 15(1)(c) of Order XXI of the Supreme Court Rules, 1966 states that a petition of appeal filed under sub-clause (a) or (b) of clause (1) of Article 134 of the Constitution, or under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, or under section 379 of the Code of...

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Mahindra & Mahindra Ltd. Vs. Union of India & ANR [1979] INSC 18 (24 January 1979)

Judgement Date : 24 Jan 1979

Citation : 1979 Latest Caselaw 18 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Section 10(a)(iii) of the Monopolies and Restrictive Trade Practices Act, 1969 grants the Monopolies and Restrictive Trade Practices Commission the authority to investigate any restrictive trade practices upon receiving an application from the Registrar of Restrictive Trade Agreements. According to...

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Prakash Cotton Mills (P) Ltd. Vs. B. Sen & Ors [1979] INSC 19 (25 January 1979)

Judgement Date : 25 Jan 1979

Citation : 1979 Latest Caselaw 19 SC

Customs Act, 1962

Headnote :

Due to the devaluation of the Indian currency in June 1966, Sections 14 and 15 of the Customs Act were amended by the Customs (Amendment) Ordinance, 1966, which was subsequently replaced by an Act effective from July 7, 1966. Section 15(1) states that the applicable rate of duty, rate of exchange, a...

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Dilbag Singh Vs. State of Punjab [1979] INSC 20 (25 January 1979)

Judgement Date : 25 Jan 1979

Citation : 1979 Latest Caselaw 20 SC

Criminal Procedure Code, 1973
CrPC Section 360. Order to release on probation of good conduct or after admonition
Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt

Headnote :

In a trial conducted before a court of session, according to section 235(2) of the Criminal Procedure Code, \"if the accused is found guilty, the Judge must, unless he acts in accordance with section 360, hear the accused regarding the sentence and then impose a sentence as per the law.\" Likewise,...

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S. K. Gupta & ANR Vs. K. P. Jain & ANR [1979] INSC 21 (30 January 1979)

Judgement Date : 30 Jan 1979

Citation : 1979 Latest Caselaw 21 SC

Section 130. TPA, Transfer of actionable claim.

Headnote :

The Companies Act of 1956, specifically section 391, allows a member, creditor, or liquidator of a company undergoing liquidation to apply to the court for a proposed compromise or arrangement between the company and its creditors or members, or any specific class of them. This application seeks the...

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M. Vs. Ramasubbier & Ors Vs. Manicka Narasimhachari & Ors [1979] INSC 22 (30 January 1979)

Judgement Date : 30 Jan 1978

Citation : 1979 Latest Caselaw 22 SC

Headnote :

The plaintiffs and defendants were descendants of a shared ancestor who established a trust. At the relevant time, Defendant No. 1 served as the managing trustee of the trust. Following the partition and sale of family properties, a house, which is the subject of the lawsuit, was acquired for the tr...

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Gopal Lal Vs. State of Rajasthan [1979] INSC 23 (30 January 1979)

Judgement Date : 30 Jan 1979

Citation : 1979 Latest Caselaw 23 SC

Hindu Marriage Act, 1955
Indian Penal Code, 1860 (IPC)
IPC Section 494. Marrying again during lifetime of husband or wife
IPC Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Headnote :

After separating from his wife Kanchan in 1963, the appellant, who is a member of the Telli community, entered into a second marriage with Gopi on March 20, 1969, which is customary in his community. Following a complaint from his first wife, he was convicted under section 494 of the Indian Penal Co...

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Sevantilal Karsondas Modi Vs. State of Maharashtra & ANR [1979] INSC 24 (30 January 1979)

Judgement Date : 30 Jan 1979

Citation : 1979 Latest Caselaw 24 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Upon receiving information that smuggled gold was being stored in a particular flat, numerous senior officials from the Customs Department surrounded the residence of the appellant\'s brother-in-law and initiated a search. The prosecution claims that during the search, the appellant was spotted peer...

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Hind Construction Contractors Vs. The State of Maharashtra [1979] INSC 25 (30 January 1979)

Judgement Date : 30 Jan 1979

Citation : 1979 Latest Caselaw 25 SC

Headnote :

The appellant entered into a contract with the respondent to complete a project, with the key term being that the work should be finished within 12 months from the start date. The respondent rescinded the contract, claiming that the appellant failed to meet the deadline.In his lawsuit for damages du...

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