Caselaw | Supreme Court Judgements of july 1979

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Aladankandu Puthiyapurayil Abdulla Vs. Food Inspector, Cannanore & ANR [1979] INSC 116 (16 July 1979)

Judgement Date : 16 Jul 1979

Citation : 1979 Latest Caselaw 116 SC

Headnote :

DECISION: The trial courts across the nation must ensure that cases of food adulteration that carry the possibility of imprisonment are handled swiftly, in accordance with Article 21 of the Constitution, to prevent any prejudice to either the prosecution or the defense due to unnecessary delays in t...

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Dharambir & ANR Vs. State of U.P [1979] INSC 117 (16 July 1979)

Judgement Date : 16 Jul 1979

Citation : 1979 Latest Caselaw 117 SC

Headnote :

The Court dismissed the special leave petition and ruled as follows:1. Given that the conviction is under Section 302 of the Indian Penal Code, the life imprisonment sentence imposed is not subject to alteration. [2A]2. A key objective of punitive imprisonment, as constitutionally recognized, is to...

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Krishna Kumar Vs. Divisional Assistant Electrical Engineer Central Railway [1979] INSC 118 (17 July 1979)

Judgement Date : 17 Jul 1979

Citation : 1979 Latest Caselaw 118 SC

Constitution of India

Headnote :

The appellant, who was designated as a Train Lighting Inspector in Nagpur on July 11, 1974, by the Chief Electrical Engineer, was dismissed from service by respondent No. 1, the Divisional Assistant Engineer of Central Railway Nagpur, through an order dated August 31, 1976. The appellant\'s Writ Pet...

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D.D. Suri Vs. Union of India & ANR [1979] INSC 119 (17 July 1979)

Judgement Date : 17 Jul 1979

Citation : 1979 Latest Caselaw 119 SC

All India Services Act, 1951
Constitution of India
Indian Administrative Service (Cadre) Rules, 1954

Headnote :

The appellant was born on January 7, 1915. He became a member of the Editorial Staff at the Civil and Military Gazette in Lahore towards the end of 1938 and worked there until January 7, 1943, when he enlisted in the Army. During World War II, he received an Emergency Commission in the Army effectiv...

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Ramesh Bejoy Sharma & Ors Vs. Pashupati Rai & Ors [1979] INSC 120 (17 July 1979)

Judgement Date : 17 Jul 1979

Citation : 1979 Latest Caselaw 120 SC

Bihar Land Reforms Act, 1950
Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Gurucharan Singh Vs. Kamla Singh & Ors [1975] INSC 205 (9 September 1975)

Headnote :

In a lawsuit initiated against the defendants for the recovery of possession of certain lands, the plaintiffs claimed that these lands were privately owned by the proprietor and that they had been in actual cultivating possession of the lands for an extended period. The trial court dismissed the cas...

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Organo Chemical Industries & ANR Vs. Union of India & Ors [1979] INSC 121 (23 July 1979)

Judgement Date : 23 Jul 1979

Citation : 1979 Latest Caselaw 121 SC

Constitution of India
Employees Provident Fund and Miscellaneous Provisions Act, 1952
Employees Provident Funds and Miscellaneous Provisions Act, 1952

Headnote :

The Provident Fund Act of 1952, when first enacted, established a mandatory provident fund for employees working in factories and other establishments. According to Section 4 of the Act, the Central Government created the Employees Provident Fund Scheme, 1952, and Section 6 mandated that every emplo...

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Kanchanlal Maneklal Chokshi Vs. The State of Gujarat & Ors [1979] INSC 122 (23 July 1979)

Judgement Date : 23 Jul 1979

Citation : 1979 Latest Caselaw 122 SC

Srilal Shaw Vs. The State of West Bengal & Ors [1974] INSC 262 (4 December 1974)

Headnote :

In the case of Ashok Murlidhar v. State of Gujarat, a Division Bench of the High Court referenced the ruling in Hardhan Saha & Anr. v. The State of West Bengal & Ors., [1975] 1 SCR 778, which established that when a person is subject to preventive detention, the potential for prosecution is an irrel...

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Dera Phalauli Vs. State of Punjab & Ors [1979] INSC 123 (24 July 1979)

Judgement Date : 24 Jul 1979

Citation : 1979 Latest Caselaw 123 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appeal is granted.DECISION: To apply the provisions of section 17(1), it is necessary that: (a) the land in question must be classified as either waste or arable, and (b) there must be a genuine urgency for immediate possession that justifies bypassing the owner\'s right to file an objection und...

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Devki Alias Kala Vs. The State of Haryana [1979] INSC 124 (24 July 1979)

Judgement Date : 24 Jul 1979

Citation : 1979 Latest Caselaw 124 SC

Headnote :

The petitioner was found guilty and sentenced to three years of rigorous imprisonment for each count under Sections 366 and 368 of the Penal Code for the crimes of abduction, seduction, and trafficking of girls. Upon appeal, the High Court upheld the conviction under Section 366 of the IPC but overt...

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Syad Akbar Vs. State of Karnataka [1979] INSC 125 (25 July 1979)

Judgement Date : 25 Jul 1979

Citation : 1979 Latest Caselaw 125 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, a bus driver, was navigating a road that passed through a village, flanked by deep ditches on both sides. A mother, moving from the left side of the road towards the fields on the right, was being followed at a distance by her four-year-old daughter, the deceased. Before crossing, the...

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Assistant Collector of Central Excise Vs. Jainson Hosiery Industries [1979] INSC 126 (27 July 1979)

Judgement Date : 27 Jul 1979

Citation : 1979 Latest Caselaw 126 SC

Constitution of India

Headnote :

HELD: The High Court, when exercising its jurisdiction under Article 226 of the Constitution, must consider established principles and should refrain from acting under Article 226 unless it is convinced that the usual statutory remedy would be too slow to provide relief. It should be very cautious i...

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Assistant Transport Commissioner(Administration), Uttar Pra Vs. Sri Nand Singh [1979] INSC 127 (27 July 1979)

Judgement Date : 27 Jul 1979

Citation : 1979 Latest Caselaw 127 SC

Headnote :

The respondent\'s application for tax exemption regarding his motor vehicle, submitted under section 15 of the U.P. Motor Vehicles Taxation Act, was denied by the Taxation Officer in a letter dated October 20/24, 1964, which the respondent received on October 29, 1964. The deadline for filing an app...

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Union of India Vs. R. B. Ch. Raghunath Singh & Co [1979] INSC 128 (27 July 1979)

Judgement Date : 27 Aug 1979

Citation : 1979 Latest Caselaw 128 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

HELD: 1. The Court lacked the authority to fill the vacancy under section 8(1)(b) of the Arbitration Act unless the arbitration agreement explicitly indicated that the parties did not intend to fill the vacancy. The relevant wording in section 8(1)(b) states: \"and the arbitration agreement does not...

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Sitaram Kashiram Konda Vs. Pigment Cakes & Chemicals Mfg. Co [1979] INSC 129 (27 July 1979)

Judgement Date : 27 Jul 1979

Citation : 1979 Latest Caselaw 129 SC

Premier Automobiles Ltd. Vs. Kamlekar Shantaram Wadke of Bombay & Ors [1975] INSC 177 (26 August 1975)

Headnote :

The appellant initiated legal action against his employer, the respondent, seeking a declaration that his termination from service was unlawful and unjustified, and requested to be reinstated in his previous position along with all associated benefits. He also sought compensation. The trial court de...

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Avtar Singh & Ors Vs. Jagjit Singh & ANR [1979] INSC 130 (27 July 1979)

Judgement Date : 27 Jul 1979

Citation : 1979 Latest Caselaw 130 SC

Headnote :

The appellants initiated a lawsuit in the court of a subordinate judge. At the request of respondent no. 1 (the defendant in the case), a question regarding the court\'s jurisdiction to hear the case was raised.The civil court determined that it lacked the jurisdiction to hear the case and returned...

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B. Saha & Ors Vs. M. S. Kochar [1979] INSC 131 (27 July 1979)

Judgement Date : 27 Jul 1979

Citation : 1979 Latest Caselaw 131 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 202. Postponement of issue of process
Customs Act, 1962
Indian Penal Code, 1860 (IPC)

Headnote :

The actions in question involve the dishonest misappropriation or conversion of goods by the appellants, who had seized these items and were therefore holding them in trust to be managed according to the law. This situation led the respondent to genuinely fear that the appellants had criminally misa...

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Mohan Singh Vs. State of Rajasthan [1979] INSC 132 (30 July 1979)

Judgement Date : 30 Jul 1979

Citation : 1979 Latest Caselaw 132 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender

Headnote :

The allegations state that on March 4, 1978, Padam Singh was shot dead on the appellant\'s farm by Doongar Singh and two others. It is claimed that Doongar Singh used the appellant\'s car, registration number R.J.F. 2118, to transport the body and dispose of it in a well at the edge of Ramasani vill...

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Rama Verma Bharathan Thampuran Vs. State of Kerala & Ors [1979] INSC 133 (30 July 1979)

Judgement Date : 30 Jul 1979

Citation : 1979 Latest Caselaw 133 SC

Headnote :

The Maharaja of Cochin ruled over the charming state of Cochin, which is now part of Kerala. The Travancore-Cochin State was established on July 1, 1949. Just two days prior to this constitutional merger, the Maharaja issued a Proclamation to ensure the indivisibility, administration, and preservati...

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Krishnabai Deshmukh Vs. Tuljeramarao Nambiar & Ors [1979] INSC 134 (31 July 1979)

Judgement Date : 31 Jul 1979

Citation : 1979 Latest Caselaw 134 SC

Bhagwan Dayal Vs. Mst. Reoti Devi [1961] INSC 262 (4 September 1961)

Headnote :

The respondents\' grandfather and great-grandfather, along with the appellant\'s father, were siblings. Through a registered deed (Ext. 39), the elder brother allegedly transferred some lands to the younger brother (the appellant\'s father) for his separate residence and maintenance, along with that...

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Parbati Devi & Ors Vs. Mahadeo Prasad Tibrewalla [1979] INSC 135 (31 July 1979)

Judgement Date : 31 Jul 1979

Citation : 1979 Latest Caselaw 135 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963

The Andhra Bank Ltd. Vs. R. Srinivasan & Ors [1961] INSC 260 (31 August 1961)

Headnote :

In a case concerning the recovery of funds based on a mortgage, a consent decree was issued. When the judgment-debtors did not fulfill their payment obligations, the mortgaged properties were ordered to be sold. The decree-holder transferred his rights under the decree to the respondent, which the C...

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Rohtas Vs. State of Haryana & ANR [1979] INSC 136 (31 July 1979)

Judgement Date : 31 Jul 1979

Citation : 1979 Latest Caselaw 136 SC

Constitution of India
CrPC Section 399. Sessions Judge’s powers of revision
Haryana Children Act, 1974
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
Reformatory Schools Act, 1897

Headnote :

The appellant faced charges under Section 302 of the Indian Penal Code. After the evidence was presented, it was noted that the Sessions Judge lacked the authority to try the appellant, as he fell under the jurisdiction of the Haryana Children Act, 1974. Upon remand, the Magistrate determined that t...

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