Caselaw | Supreme Court Judgements of october 1979

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Ramdas Bhikaji Chaudhari Vs. Sada Nand & Ors [1979] INSC 195 (3 October 1979)

Judgement Date : 03 Oct 1979

Citation : 1979 Latest Caselaw 195 SC

Headnote :

The respondents were found guilty and sentenced for violating section 16(1)(a)(i) of the Prevention of Food Adulteration Act. The High Court, citing the ruling in Rajlal Das Pamnani\'s case, determined that because the sample sent to the Public Analyst was less than 500 grams, the respondents should...

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Ratan Singh Vs. State of Punjab [1979] INSC 196 (3 October 1979)

Judgement Date : 03 Oct 1979

Citation : 1979 Latest Caselaw 196 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner, a heavy vehicle driver, received a two-year rigorous imprisonment sentence under Section 304A of the IPC for causing the death of a scooterist due to his reckless and negligent driving. The petitioner\'s argument that another individual was at fault for the accident was dismissed by...

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Kewal Singh Vs. Lajwanti [1979] INSC 197 (4 October 1979)

Judgement Date : 04 Oct 1979

Citation : 1979 Latest Caselaw 197 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delegation of Powers
Delegation of Powers
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The appellant had been a tenant of the respondent at Quarter No. IV-H/46 Lajpat Nagar since July 1, 1967. On June 2, 1976, the respondent submitted an application under sections 14A(1), 14(1)(e), and 14(1)(f) of the Delhi Rent Control Act, seeking to evict the appellant. The grounds for eviction inc...

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Commissioner of Income-Tax, Andhra Pradesh Vs. T.N. Arvinda Reddy [1979] INSC 198 (5 October 1979)

Judgement Date : 05 Oct 1979

Citation : 1979 Latest Caselaw 198 SC

Income Tax Act, 1961

Headnote :

The respondent sold his house for a price that was high enough to attract capital gains tax, but he circumvented this tax obligation by purchasing the common house from his brothers for Rs 30,000 each through individual release deeds. The Petitioner argued that the release deeds executed by the co-o...

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Reliance Jute & Industries Ltd. Vs. C.I.T., West Bengal, Calcutta [1979] INSC 199 (10 October 1979)

Judgement Date : 10 Oct 1979

Citation : 1979 Latest Caselaw 199 SC

Karimtharuvi Tea Estate Ltd. Vs. State of Kerala [1965] INSC 298 (15 December 1965)

Headnote :

Section 24(2)(iii) of the Indian Income-Tax Act, 1922, as it was in 1955, stipulated that any business loss that was not fully set off should be carried forward annually. However, following an amendment in 1957, the carry forward of unabsorbed losses was restricted to a maximum of eight years.After...

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Nirmal Trading Company Vs. Commissioner of Income Tax, Calcutta [1979] INSC 200 (10 October 1979)

Judgement Date : 10 Oct 1979

Citation : 1979 Latest Caselaw 200 SC

Headnote :

The taxpayer engaged in the business of buying and selling gunny bags. Through four separate contracts, they purchased gunny bags from one party and subsequently sold them back to the same party, resulting in a total loss of Rs. 2.75 lakhs. These contracts were specific delivery contracts that were...

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K. Balakrishna Rao & Ors Vs. Hazi Abdulla Sait & Ors [1979] INSC 201 (10 October 1979)

Judgement Date : 10 Oct 1979

Citation : 1979 Latest Caselaw 201 SC

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

Headnote :

In July 1940, the plaintiffs\' father leased his building to the defendant for a monthly rent of Rs. 950 to operate a restaurant. After the lease expired in July 1943, the defendant remained in possession of the building. Under the Madras Non-residential Buildings Rent Control Order of 1946, the def...

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Swami Saran Saksena Vs. State of U.P [1979] INSC 202 (11 October 1979)

Judgement Date : 11 Oct 1979

Citation : 1979 Latest Caselaw 202 SC

Headnote :

The appellant, who was appointed in November 1954, had his services terminated in December 1962. However, the termination order was rescinded on January 16, 1963, allowing him to rejoin and resume his duties. His services were again terminated by an order dated May 18, 1966, but this order was annul...

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Municipal Corporation of Delhi Vs. Tek Chand Bhatia [1979] INSC 203 (11 October 1979)

Judgement Date : 11 Oct 1979

Citation : 1979 Latest Caselaw 203 SC

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

Municipal Corporation of Delhi Vs. Kacheroo Mal [1975] INSC 232 (29 September 1975)

Headnote :

The respondent is a partner at the firm M/s. Narain Dass Tek Chand, located in Khari Baoli, Delhi, which operates in the wholesale dry fruit business, including cashew nuts sourced from various manufacturers. On August 1, 1968, food inspectors PWs 1 and 3 collected samples of cashew nuts from three...

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Major R. S. Murgai Vs. Major P. N. Kaushik & Ors [1979] INSC 204 (12 October 1979)

Judgement Date : 12 Oct 1979

Citation : 1979 Latest Caselaw 204 SC

Headnote :

When one party to a case submits written documents following the court\'s instructions after the judgment has been reserved, these submissions cannot be considered private communications to the Judge. They do not constitute a prejudice, interference, or an attempt to interfere with the proper admini...

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Deputy Commissioner of Sales Tax (Law) Board of A Revenue Vs. Advani Oorlikon (P) Ltd. Trivandrum [1979] INSC 205 (12 October 1979)

Judgement Date : 12 Oct 1979

Citation : 1979 Latest Caselaw 205 SC

Central Sales Tax Act, 1956

The Orient Paper Mills Ltd. Vs. The State of Orissa & Ors [1961] INSC 117 (24 March 1961)

Headnote :

The respondent assessee is a private limited company that operates as the exclusive selling agent for a specific brand of Welding Electrodes. It sells the goods to retailers at the catalogue price minus a trade discount.The catalogue price represents the amount that retailers can charge consumers. A...

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Ram Prasad Sahu & Ors Vs. State of Bihar [1979] INSC 206 (12 October 1979)

Judgement Date : 12 Oct 1979

Citation : 1979 Latest Caselaw 206 SC

Headnote :

The appellants were found guilty by the Sessions Court under Section 302 in conjunction with Section 149 of the Indian Penal Code, along with some lesser charges. However, the High Court mitigated both the convictions and sentences, with the exception of one. As a result, the appeals were made by sp...

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Commissioner of Income Tax Kerala, Ernakulam Vs. V. Damodaran, Trivandrum [1979] INSC 207 (15 October 1979)

Judgement Date : 15 Oct 1979

Citation : 1979 Latest Caselaw 207 SC

Income Tax Act, 1961

The Commissioner of Income-Tax, Madras Vs. M. V. Murugappan & Ors [1970] INSC 107 (24 April 1970)

Headnote :

The assessee served as the Managing Director of a company that was initially assessed with a total income of Rs. 43,407 for the assessment year 1959-60. Subsequently, the Income-Tax Officer discovered that the assessee had been withdrawing funds from the company, which were to be classified as divid...

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Deputy Commissioner of Sales Tax (Law) Board of Revenue Vs. G.S. Pai & Co [1979] INSC 208 (15 October 1979)

Judgement Date : 15 Oct 1979

Citation : 1979 Latest Caselaw 208 SC

Kerala General Sales Tax Act, 1963

Headnote :

The inquiries are (1) whether the gold ornaments and other items acquired by the assessee are classified as \"Bullion and specie\" as defined in Entry 56 of the First Schedule of the Kerala General Sales Tax Act of 1956, and (2) the tax implications regarding the sales turnover of G.I. Pipes sold by...

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P. C. Cheriyan Vs. Barfi Devi [1979] INSC 209 (16 October 1979)

Judgement Date : 16 Oct 1979

Citation : 1979 Latest Caselaw 209 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The plaintiff (respondent) rented out the disputed accommodation to the defendant (appellant) for an annual rent of Rs. 850/-, where the defendant operated a tyre retreading business. The defendant failed to pay the rent, prompting the plaintiff to issue a one-month notice to terminate the tenancy....

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State of Punjab Vs. Labour Court, Jullundur & Ors [1979] INSC 210 (16 October 1979)

Judgement Date : 16 Oct 1979

Citation : 1979 Latest Caselaw 210 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947
Payment of Gratuity Act, 1972
Punjab Shops and Commercial Establishments Act, 1958
Punjab Shops and Commercial Establishments Act, 1958

Headnote :

The employees of the Hydel Department of the Government of Punjab were laid off after their assigned work was completed. Their request for gratuity payment under the [Payment of Gratuity Act, 1972](https://www.latestlaws.com/bare-acts/central-acts-rules/service-labour-laws/the-payment-of-gratuity-ac...

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Babu Noorul Hasan Khan Vs. Ram Prasad Singh & Ors [1979] INSC 211 (18 October 1979)

Judgement Date : 18 Oct 1979

Citation : 1979 Latest Caselaw 211 SC

Headnote :

The appellants, along with others, were the Zamindars of a village where certain lands were leased to the Respondent and others on March 6, 1948, prior to the Zamindari system being abolished on June 30, 1952. Disputes emerged between the appellants and the respondents during the ongoing proceedings...

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Union of India Vs. Mohd. Nizam [1979] INSC 212 (18 October 1979)

Judgement Date : 18 Oct 1979

Citation : 1979 Latest Caselaw 212 SC

Indian Contract Act, 1872
Section 191. Sub-agent defined
Section 194. Relation between principal and person duly appointed by agent to act in business of agency

Headnote :

The respondent initiated legal proceedings to recover a total of Rs. 1606-8-0, which represented the value of a V.P. article that the addressee had paid to the Government of Pakistan for delivery to India. Following the suspension of the money order service between Pakistan and India after September...

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Abdul Qadir Vs. Managing Officer Cum Asstt. Custodian of Evacuee Property [1979] INSC 213 (22 October 1979)

Judgement Date : 22 Oct 1979

Citation : 1979 Latest Caselaw 213 SC

Administration of Evacuee Property Act, 1950

Headnote :

The appellant acquired a house in July 1948. Although neither the vendor nor the appellant qualified as an evacuee under the Administration of Evacuee Property Act, 1950, the appellant was classified as an evacuee, and the house was designated as evacuee property in 1951. Following a petition filed...

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Shetkari Sahakari Sakhar Karkhana Ltd., Sangli, Maharashtra Vs. The Collector of Sangli & Ors [1979] INSC 214 (22 October 1979)

Judgement Date : 22 Oct 1979

Citation : 1979 Latest Caselaw 214 SC

Constitution of India

Jaora Sugar Mills (P) Ltd. Vs. State of Madhya Pradesh & Ors [1965] INSC 111 (19 April 1965)

Headnote :

The Bombay Sugarcane Cess Act of 1948 grants the State Government the authority to designate any factory\'s area as a local area for the purposes of the Act and to impose a cess on the entry of sugarcane into that local area for consumption or use. Every factory occupier is required to submit a retu...

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Tamil Nadu Education Department Ministerial & General Subord Vs. State of Tamil Nadu & ANR [1979] INSC 215 (23 October 1979)

Judgement Date : 23 Oct 1979

Citation : 1979 Latest Caselaw 215 SC

Headnote :

The State of Tamil Nadu operated schools at various levelsâ€”primary, middle, and highâ€”managed by public entities such as Panchayats, District Boards, and the Government. Over time, Panchayat schools were integrated into District Boards, and eventually, the Government took over the District Board...

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State (Delhi Administration) Vs. I. K. Nangia & ANR [1979] INSC 216 (23 October 1979)

Judgement Date : 23 Oct 1979

Citation : 1979 Latest Caselaw 216 SC

Criminal Procedure Code, 1973
CrPC Section 202. Postponement of issue of process
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

State of Bihar Vs. Ramesh Singh [1977] INSC 156 (2 August 1977)

Headnote :

On August 31, 1976, a Food Inspector collected a sample of \'Postman\' brand refined groundnut oil from M/s. Amar Provision & General Stores, which had been supplied by M/s. Gainda Mull Hem Raj on August 20, 1976. According to the Public Analyst\'s report dated September 9, 1976, the oil was found t...

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Oduru Chenchulakshmamma & ANR Vs. Duvvuru Subramanya Reddy [1979] INSC 217 (23 October 1979)

Judgement Date : 23 Oct 1979

Citation : 1979 Latest Caselaw 217 SC

Andhra State Act, 1953

Headnote :

According to Section 53 of the Andhra State Act, 1953, the Chittoor district became part of Andhra State but remained subject to the laws that were in effect in the State of Madras prior to October 1, 1953. The land in question was owned by P. K. Reddy, Challamma (the sister\'s daughter of the respo...

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Banwari Lal Vs. Tirlok Chand & Ors (And Vice Versa) [1979] INSC 218 (23 October 1979)

Judgement Date : 23 Oct 1979

Citation : 1979 Latest Caselaw 218 SC

Headnote :

G and J were the sons of S, who was the son of M. The plaintiff is the grandson of another son of M.In a document that was allegedly signed by G, it was mentioned that defendant No. 1 was G\'s adopted son and heir. It also stated that C, the widow of G\'s younger brother J, and defendant No. 1 had p...

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Col. A. S. Iyer & Ors Vs. V. Balasubramanyam & Ors [1979] INSC 219 (24 October 1979)

Judgement Date : 24 Oct 1979

Citation : 1979 Latest Caselaw 219 SC

Headnote :

Rule 5 of the Survey of India (Recruitment from Corps of Engineer Officers) Rules 1950 stipulated that upon initial appointment, an officer would hold the position of Deputy Superintending Surveyor within the Class I Service of the Survey of India, maintaining the same seniority among military offic...

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State of Punjab Vs. Gurdial Singh & Ors [1979] INSC 220 (25 October 1979)

Judgement Date : 25 Oct 1979

Citation : 1979 Latest Caselaw 220 SC

Headnote :

In 1962, a location was selected for a grain market, and the foundation stone was laid there. This location was owned by a cousin of Respondent No. 22, who was a former Minister and a prominent politician. Ultimately, this site was abandoned in favor of the properties belonging to Respondents Nos. 1...

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Director, Enforcement Directorate, Ministry of Finance Anda Vs. K. O. Krishnaswamy [1979] INSC 221 (26 October 1979)

Judgement Date : 26 Oct 1979

Citation : 1979 Latest Caselaw 221 SC

Constitution of India

Headnote :

An exporter sending goods outside India must provide a declaration under section 12(1) of the Foreign Exchange Regulation Act, 1947, confirming that the complete export value of the goods has been or will be paid in the required manner. Sub-section (2) of this section states that no individual entit...

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Raj Kapoor & Ors Vs. State & Ors [1979] INSC 222 (26 October 1979)

Judgement Date : 26 Oct 1979

Citation : 1979 Latest Caselaw 222 SC

Cinematograph Act, 1952
Criminal Procedure Code, 1973
CrPC Section 200. Examination of complainant
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 293. Sale, etc., of obscene objects to young person
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Following the complaint lodged by the second respondent against the appellants under sections 292/293 in conjunction with section 34 of the Penal Code, alleging punitive prurience, moral depravity, and a shocking decline in public decency regarding the film Satyam, Shivam, Sundaram, the Metropolitan...

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Ganeshmal Jashraj Vs. Govt. of Gujarat & ANR [1979] INSC 223 (30 October 1979)

Judgement Date : 30 Oct 1979

Citation : 1979 Latest Caselaw 223 SC

CrPC Section 313. Power to examine the accused
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant faced charges under section 16(a)(1) of the Prevention of Food Adulteration Act, 1954, for selling adulterated turmeric powder to Respondent No. 2, a Food Inspector employed by the State. Although the appellant initially pleaded not guilty and opted for a trial, he later submitted an a...

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G. M. Shah Vs. State of Jammu & Kashmir [1979] INSC 224 (30 October 1979)

Judgement Date : 30 Oct 1979

Citation : 1979 Latest Caselaw 224 SC

Indian Penal Code, 1860 (IPC)
Jammu and Kashmir Public Safety Act, 1978

Dr. Ram Manohar Lohia Vs. State of Bihar & Ors [1965] INSC 176 (7 September 1965)

Headnote :

The petitionerâ€™s son, referred to as the detenu, was detained under section 8(2) of the Jammu and Kashmir Public Safety Act, 1978 by an order issued by the District Magistrate of Anantnag. According to Sections 8(1)(a)(1) and 8(2) of the Act, the Government or the District Magistrate may issue a d...

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Cement Marketing Co. of India Ltd. Vs. Asstt. Commissioner of Sales-Tax, Indore & Ors [1979] INSC 225 (30 October 1979)

Judgement Date : 30 Oct 1979

Citation : 1979 Latest Caselaw 225 SC

Cement Control Order, 1967
Central Sales Tax Act, 1956
Madhya Pradesh General Sales Tax Act, 1958

Headnote :

The appellant, referred to as the assessee, conducted certain cement sales in compliance with the Cement Control Order. The freight charges included in the \'free on rail destination railway station\' price, which were paid by the buyer, were deducted from the prices listed on the invoices sent to t...

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Financial Commissioner, Haryana & Ors Vs. Kela Devi & ANR [1979] INSC 226 (31 October 1979)

Judgement Date : 31 Oct 1979

Citation : 1979 Latest Caselaw 226 SC

Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

The original owner, who is the husband of respondent No. 1 and the son of respondent No. 2, held approximately 46 acres of land. The Collector designated over six acres of this land as surplus under section 2(3) of the Punjab Security of Land Tenures Act, 1953 and allocated it to two other tenants....

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