Caselaw | Supreme Court Judgements of november 1979

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State of Uttar Pradesh Vs. Pt. Chandra Bhushan Misra [1979] INSC 227 (6 November 1979)

Judgement Date : 06 Nov 1979

Citation : 1979 Latest Caselaw 227 SC

Code of Civil Procedure, 1908 (CPC)
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

The Allahabad High Court permitted a second appeal under section 100 of the Code of Civil Procedure 1908 and remanded the case to the Lower Appellant Court for a fresh decision in accordance with the law, as per Order XLI, Rule 23 CPC, which has been amended by the High Court. A majority of the Divi...

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Mahant Parichchan Das Vs. The Bihar State Board of Religious Trusts & Ors [1979] INSC 228 (6 November 1979)

Judgement Date : 06 Nov 1979

Citation : 1979 Latest Caselaw 228 SC

Deoki Nandan Vs. Murlidhar [1956] INSC 53 (4 October 1956)

Headnote :

The appellant, the current Mahant, initiated a lawsuit seeking a declaration that the properties listed in the plaint were his personal assets and that there was no religious or public trust involved that would invoke the Bihar Hindu Religious Trust Act of 1951. The suit argued that an individual na...

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State Bank of Travancore Vs. Goodland Plantations (P) Ltd. [1979] INSC 229 (7 November 1979)

Judgement Date : 07 Nov 1979

Citation : 1979 Latest Caselaw 229 SC

Banking Regulation Act, 1949
Constitution of India

Headnote :

The respondent company, a subscriber, was required to make monthly payments to a Chitty managed by the Orient Bank.The final installment was made on December 10, 1960, and the respondent was the winning bidder. The prize money was scheduled to be disbursed to the respondent on January 10, 1961. Howe...

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Ebrahim Sulaiman Sait Vs. M. C. Muhammad & ANR [1979] INSC 230 (7 November 1979)

Judgement Date : 07 Nov 1979

Citation : 1979 Latest Caselaw 230 SC

Indian Penal Code, 1860 (IPC)
IPC Section 124A. Sedition
Representation of the People Act, 1951

Kanti Prasad Jayshanker Yagnik Vs. Purshottamdas Ranchhoddas Patel & Ors [1969] INSC 13 (24 January 1969)
Kultar Singh Vs. Mukhtiar Singh [1964] INSC 129 (17 April 1964)

Headnote :

The High Court of Kerala declared the election of the appellant to the Lok Sabha from the Manjeri Parliamentary Constituency in Kerala invalid. This decision was based on an election petition filed on May 3, 1977, by the first respondent, an elector in that constituency, who claimed that the elected...

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Dadaji Alias Dina Vs. Sukhdeobabu & Ors [1979] INSC 231 (7 November 1979)

Judgement Date : 07 Nov 1979

Citation : 1979 Latest Caselaw 231 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948
Representation of the People Act, 1951

Headnote :

Entry 12 of Part IX of the Schedule to the Constitution (Scheduled Tribes) Order 1950, before its amendment in 1956, stated \"Gond including Media (Maria) and Mudia (Muria).\" The Scheduled Castes and Scheduled Tribes (Amendment) Act 63 of 1956 replaced this entry with Entry 12 in Paragraph 5 of Par...

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Shiv Shanker Dal Mills Vs. State of Haryana & Ors [1979] INSC 232 (9 November 1979)

Judgement Date : 09 Nov 1979

Citation : 1979 Latest Caselaw 232 SC

Constitution of India

Headnote :

In the case of Kewal Krishan Puri v. State of Punjab and others [1979] 3 S.C.R. page 1217, the Court invalidated the increased market fee rate of 3 percent (up from the original 2 percent) as stipulated by Haryana Act No. 22 of 1977. Consequently, the market committees were obligated to refund the e...

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Sharif-Ud-Din Vs. Abdul Gani Lone [1979] INSC 233 (12 November 1979)

Judgement Date : 12 Nov 1979

Citation : 1979 Latest Caselaw 233 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Satya Narain Vs. Dhuja Ram & Ors [1973] INSC 254 (21 December 1973)

Headnote :

Section 89(3) of the Jammu & Kashmir Representation of the People Act, 1957 states: \"Every election petition must be accompanied by as many copies as there are respondents named in the petition, and each copy must be certified by the petitioner with their signature as a true copy of the petition.\"...

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State of Bihar & ANR Vs. J.A.C. Saldanha & Ors [1979] INSC 234 (13 November 1979)

Judgement Date : 13 Nov 1979

Citation : 1979 Latest Caselaw 234 SC

Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)
IPC Section 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
Police Act, 1861
Police Act, 1861

Makeshwar Nath Srivastava Vs. State of Bihar & Ors [1971] INSC 69 (2 March 1971)
Patna Improvement Trust Vs. Smt. Lakshmi Devi & Ors [1962]352 (7 December 1962)

Headnote :

A First Information Report was filed on March 11, 1977, alleging that the railway suffered a loss of legitimate revenue due to fraudulent activities involving railway officials. This involved loading pearl coke into empty wagons without proper booking after manganese ore was unloaded at Adityapur in...

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Municipal Council, Pusad Vs. Gokaldas Dossa & Co. Ltd. [1979] INSC 235 (13 November 1979)

Judgement Date : 13 Nov 1979

Citation : 1979 Latest Caselaw 235 SC

Constitution of India
Government of India Act, 1935

Headnote :

Pusad was located in the Akola District, which was one of the four districts assigned to Hyderabad, commonly referred to as Berar.These districts, not part of British India, were governed by the Governor-General-in-Council, who implemented a law known as the Berar Municipal Law of 1886. On January 2...

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State of Mysore & Ors Vs. T. Vs. Sundaram Iyengar & Sons (P) Ltd. [1979] INSC 236 (13 November 1979)

Judgement Date : 13 Nov 1979

Citation : 1979 Latest Caselaw 236 SC

Motor Vehicles Act, 1939

Headnote :

The respondent purchased new cars and chassis produced in Bombay and transported them by road. During their journey from Bombay to Madras, the vehicles traveled through the State of Mysore for more than 400 miles. The Road Transport Authorities of the State of Mysore requested payment of road tax on...

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Ram Deo Vs. Umrao Singh [1979] INSC 237 (15 November 1979)

Judgement Date : 15 Nov 1979

Citation : 1979 Latest Caselaw 237 SC

Section 114. TPA, Relief against forfeiture for non-payment of rent.

Headnote :

Regarding the outstanding rent, the landlord (respondent) and the tenant (appellant) entered into an agreement on June 13, 1960, stipulating that the tenant would pay Rs. 50/- each month, which included Rs. 25/- for past due rent and Rs. 25/- for current rent. Initially, the appellant adhered to thi...

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State of Tamil Nadu Vs. R. Krishnamurthy [1979] INSC 238 (15 November 1979)

Judgement Date : 15 Nov 1979

Citation : 1979 Latest Caselaw 238 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The prosecution claimed that the respondent sold gingelly oil that was mixed with 15 percent groundnut oil as pure gingelly oil to the Food Inspector. The respondent\'s defense was that the oil was intended for external use and not for consumption.The Trial Magistrate rejected this defense and convi...

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Pramod Kumari Bhatia Vs. Om Prakash Bhatia & Ors [1979] INSC 239 (15 November 1979)

Judgement Date : 15 Nov 1979

Citation : 1979 Latest Caselaw 239 SC

Headnote :

The High Court\'s authority to receive additional evidence cannot be interfered with by the Supreme Court, especially when the application is significantly delayed.Pearey Lal Singh Bhatia, the testator, passed away on March 30, 1952, leaving behind a Will dated April 8, 1944. He was survived by his...

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Subhash Chander Vs. State & Ors [1979] INSC 240 (15 November 1979)

Judgement Date : 15 Nov 1979

Citation : 1979 Latest Caselaw 240 SC

CrPC Section 321. Withdrawal from prosecution

Headnote :

The petitioner claimed that his home had been broken into, resulting in the loss of numerous valuables. The police managed to recover the stolen items. Subsequently, the trial court also brought charges against two additional individuals alleged to be accomplices.While the criminal case was ongoing,...

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Amritlal Ratilal Mehta & ANR Vs. State of Gujarat [1979] INSC 241 (16 November 1979)

Judgement Date : 16 Nov 1979

Citation : 1979 Latest Caselaw 241 SC

Indian Penal Code, 1860 (IPC)

State of Rajasthan Vs. Tarachand Jain [1973] INSC 104 (1 May 1973)
Bhagat Ram Vs. State of Rajasthan [1972] INSC 36 (31 January 1972)

Headnote :

The prosecution claimed that the appellants, who were employees of a private company, intentionally and with the aim of defrauding the Central Excise Department, submitted false declarations in gate passes prepared by Appellant No. 1 and signed by Appellant No. 2. This allowed them to clear dutiable...

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Gujarat Steel Tubes Ltd. Vs. Gujarat Steel Tubes Mazdoor Sabha [1979] INSC 242 (19 November 1979)

Judgement Date : 19 Nov 1979

Citation : 1979 Latest Caselaw 242 SC

Constitution of India
Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

Headnote :

The appellant produces steel tubes on the outskirts of Ahmedabad city. It began operations in 1960 and started production in 1964, evolving from a fledgling business to a mature one, experiencing both profits and labor unrest, marked by demands, strikes, and negotiations. Eventually, a confrontation...

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Mani Subrat Jain Vs. Raja Ram Vohra [1979] INSC 243 (19 November 1979)

Judgement Date : 19 Nov 1979

Citation : 1979 Latest Caselaw 243 SC

East Punjab Urban Rent Restriction Act, 1949
Punjab Urban Rent Restriction Act, 1947

Headnote :

The appellant, who is an Advocate, was renting a building owned by the respondent. The respondent initiated legal action against the appellant to regain possession of the property, and through a compromise, the appellant agreed to vacate the premises by a specified date. A decree reflecting this agr...

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Additional Commissioner of Income-Tax Gujarat, Ahmedabad Vs. Surat Art Silk Cloth Manufacturers Association, Surat [1979] INSC 244 (19 November 1979)

Judgement Date : 19 Nov 1979

Citation : 1979 Latest Caselaw 244 SC

Headnote :

The assessee, an incorporated company, engaged in various activities aimed at promoting commerce and trade in art silk yarn, art silk cloth, and silk cloth. Its additional objectives included obtaining licenses for importing raw materials required by its members, securing licenses for exporting clot...

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Controller of Estate Duty, West Bengal Vs. Usha Kumar & Ors [1979] INSC 245 (20 November 1979)

Judgement Date : 20 Nov 1979

Citation : 1979 Latest Caselaw 245 SC

Headnote :

One individual, referred to as \'W\', executed a deed of trust that transferred all his properties to the trust and appointed himself as the first managing trustee for a duration of one year. He specified that after his term as trustee, his deceased son would take over as the managing trustee, and u...

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Ice & General Mills Vs. Income Tax Officer, Central Circle II, Meerut [1979] INSC 246 (20 November 1979)

Judgement Date : 20 Nov 1979

Citation : 1979 Latest Caselaw 246 SC

Income Tax Act, 1961

Headnote :

The appellant, a firm engaged in the manufacturing of ice and the preservation of potatoes in its cold storage, was assessed for income tax for the assessment year 1961-62 with a total income of Rs. 53,548/- as per the assessment order dated July 5, 1961. On December 21, 1961, the Income Tax Officer...

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Murari Lal S/O Ram Singh Vs. State of Madhya Pradesh [1979] INSC 247 (21 November 1979)

Judgement Date : 21 Nov 1979

Citation : 1979 Latest Caselaw 247 SC

Magan Bihari Lal Vs. State of Punjab [1977] INSC 54 (15 February 1977)

Headnote :

The appellant faced charges for the murder of the deceased. The two key pieces of evidence leading to his conviction were: (1) the recovery of a wristwatch belonging to the deceased, which was found at the appellant\'s direction, and (2) a pencil-written note in Hindi discovered next to the deceased...

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State of Gujarat Vs. Bhogilai, Keshavlal & ANR [1979] INSC 248 (27 November 1979)

Judgement Date : 27 Nov 1979

Citation : 1979 Latest Caselaw 248 SC

Gujarat Co-Operative Societies Act, 1961
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The first respondent owned a parcel of land that was part of a town planning scheme within the city limits. At the request of the second respondent, a Cooperative Housing Society, the State Government issued a Notification on August 3, 1960, under section 4 of the Act, indicating that the land might...

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C.I.T. Central, Calcutta Vs. National Taj Traders [1979] INSC 249 (27 November 1979)

Judgement Date : 27 Nov 1979

Citation : 1979 Latest Caselaw 249 SC

Income Tax Act, 1961

Headnote :

In relation to the accounting years ending March 31, 1957, and March 31, 1958, the Income Tax Officer of \'E\' Ward District II (1) Calcutta completed assessments based on the voluntary returns submitted by the respondent, determining total incomes of Rs. 7000/- and Rs. 7500/- for the years 1957-58...

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Registrar of Co-Operative Societies, Trivandrum & ANR Vs. K. Kunhambu & Ors [1979] INSC 250 (27 November 1979)

Judgement Date : 27 Nov 1979

Citation : 1979 Latest Caselaw 250 SC

Headnote :

Section 60 of the Madras Cooperative Societies Act, 1932, grants the State Government the authority to exempt a registered society from certain provisions of the Act or to mandate that those provisions apply to the society with specific modifications.The appeal to this Court concerns whether Section...

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K. Kalpana Saraswathi Vs. P.S.S. Somasundram Chettiar [1979] INSC 251 (29 November 1979)

Judgement Date : 29 Nov 1979

Citation : 1979 Latest Caselaw 251 SC

Headnote :

In 1967, the respondent consented to sell his house to the appellant for Rs. 4 lakhs, which was encumbered by an equitable mortgage in favor of a bank. The trial court ruled in favor of specific performance, instructing the plaintiff to deposit the mortgage amount within a designated timeframe, alon...

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Neelavathi & Ors Vs. M. Natarajan & Ors [1979] INSC 252 (30 November 1979)

Judgement Date : 30 Nov 1979

Citation : 1979 Latest Caselaw 252 SC

Hindu Succession Act, 1956

Headnote :

The plaintiffs, who are the appellants, initiated a lawsuit for partition and sought separate possession of their respective shares in accordance with the law, paying the court fee as stipulated under section 37 (ii) of the Tamil Nadu Court Fees and Suit Valuation Act.They specifically claimed to be...

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Union of India Vs. Satish Chandra Sharma [1979] INSC 253 (30 November 1979)

Judgement Date : 30 Nov 1979

Citation : 1979 Latest Caselaw 253 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent, an employee of the railway, faced disciplinary action from the department for misconduct. He failed to reply to the \'show-cause\' notice issued to him, and when the disciplinary proceedings continued in his absence, he filed a lawsuit seeking a declaration of immunity and a permanen...

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