Caselaw | Supreme Court Judgements of september 1979

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Pratap Singh Vs. Union Territory of Chandigarh & ANR [1979] INSC 165 (3 September 1979)

Judgement Date : 03 Sep 1979

Citation : 1979 Latest Caselaw 165 SC

State of Punjab Vs. Dharam Singh [1968] INSC 27 (2 February 1968)

Headnote :

The appellant, who was appointed as an Assistant Sub-Inspector of Police on July 2, 1973, had his services terminated in September 1977. The High Court dismissed his petition challenging the termination order.In his appeal to this Court, it was argued that upon completing the three-year probation pe...

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Management of Shri Chalthan Vibhag Khan Udyog Sahakarimanda Vs. B.S. Barot Member, Industrial Court, Gujarat, & ANR [1979] INSC 166 (4 September 1979)

Judgement Date : 04 Sep 1979

Citation : 1979 Latest Caselaw 166 SC

Industrial Disputes Act, 1947

Headnote :

The workers, who were employed at sugar mills in Gujarat, requested the implementation of a dearness allowance, along with other benefits, based on the revised pay scales for sugar factories in Uttar Pradesh. The Industrial Court in Gujarat approved an increase in the dearness allowance on a stagger...

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V. K. Gupta Vs. Nirmala Gupta [1979] INSC 167 (4 September 1979)

Judgement Date : 04 Sep 1979

Citation : 1979 Latest Caselaw 167 SC

Headnote :

The husband (petitioner) requested a divorce from his wife (respondent) pursuant to Section 13(1)(b) of the Hindu Marriage Act. Both the single Judge and the Division Bench of the High Court denied the dissolution of the marriage.In the Special Leave Petition submitted to this Court,

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Ramesh Chand Vs. State of U.P. & Ors [1979] INSC 168 (4 September 1979)

Judgement Date : 04 Sep 1979

Citation : 1979 Latest Caselaw 168 SC

Motor Vehicles Act, 1939

Headnote :

In addressing the issue of whether sections 7 and 16 of the U.P. Motor Vehicles (Special Provisions) Act, 1976 (Act 127 of 1976) pertained solely to \"approved\" schemes under section 68D of the Motor Vehicles Act, the Court dismissed the Writ Petitions and the associated special leave petitions, co...

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Ashok Kumar Mishra & ANR Vs. Collector, Raipur & Ors [1979] INSC 169 (4 September 1979)

Judgement Date : 04 Sep 1979

Citation : 1979 Latest Caselaw 169 SC

Constitution of India

Headnote :

On September 30, 1978, the Collector released the preliminary electoral roll in accordance with Rule 4(1) of the Madhya Pradesh Municipal Corporation (Preparation, Revision and Publication of Electoral Rolls and Selection of Councillors) Rules, 1963, in preparation for the Municipal Corporation elec...

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Controller of Estate Duty Vs. Kamlavati and Shri Jai Gopal Mehra [1979] INSC 170 (5 September 1979)

Judgement Date : 05 Sep 1979

Citation : 1979 Latest Caselaw 170 SC

Headnote :

The deceased was a partner in a partnership firm, holding a 50% share. On March 27, 1957, he gifted Rs. 1,00,000 to his son and Rs. 50,000 to his wife, the respondent. Almost at the same time, his son was admitted as a partner, receiving half of the deceased\'s share, resulting in four partners, eac...

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Sushil Chowdhary & Ors Vs. State of Bihar [1979] INSC 171 (6 September 1979)

Judgement Date : 06 Sep 1979

Citation : 1979 Latest Caselaw 171 SC

Headnote :

The Court, while dismissing the appeal by special leave, stated:1. Considering the age of the accused, Munni Marandi, and the lack of any overt act, a sentence of two years of rigorous imprisonment would be appropriate in this case for the offence under Section 149 in conjunction with Section 326 of...

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R. Narayanan Vs. S. Semmalai & Ors [1979] INSC 172 (6 September 1979)

Judgement Date : 06 Sep 1979

Citation : 1979 Latest Caselaw 172 SC

Representation of the People Act, 1951

Baldev Singh Vs. Teja Singh Swatantar & Ors [1975] INSC 14 (24 January 1975)
Bhabhi Vs. Sheo Govind & Ors [1975] INSC 102 (21 April 1975)
Ram Autar Singh Bhadauria Vs. Ram Gopal Singh & Ors [1975] INSC 148 (31 July 1975)
Jitendra Bahadur Singh Vs. Krishna Behari & Ors [1969] INSC 176 (13 August 1969)

Headnote :

The appellant and the respondent, along with a few others, participated as candidates in the State Assembly elections, where the appellant was declared the winner. In his election petition filed in the High Court, the respondent claimed that the appellant\'s election was invalid under sections 100(1...

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State of Maharashtra Vs. Veerappa R. Saboji & ANR [1979] INSC 173 (6 September 1979)

Judgement Date : 06 Sep 1979

Citation : 1979 Latest Caselaw 173 SC

S. P. Vasudeva Vs. State of Haryana & Ors [1975] INSC 254 (8 October 1975)
Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)

Headnote :

Respondent 1 commenced his service in the Class II judicial service of the State of Maharashtra on December 7, 1960, as indicated in his appointment order, which specified that (i) he would undergo a probationary period of two years starting from his joining date, (ii) his appointment could be termi...

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Commissioner of Income Tax, Kerala Vs. Ambat Echukutty Menon [1979] INSC 174 (6 September 1979)

Judgement Date : 06 Sep 1979

Citation : 1979 Latest Caselaw 174 SC

Headnote :

On a large tract of agricultural land owned by the taxpayer, there were approximately 772 trees, some of which had grown spontaneously.According to clauses 12 and 13 of the agreement under which the taxpayer sold certain trees, it was stipulated that the trees should be cut down without removing the...

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Phul Singh Vs. State of Haryana [1979] INSC 175 (10 September 1979)

Judgement Date : 10 Sep 1979

Citation : 1979 Latest Caselaw 175 SC

Headnote :

The 22-year-old appellant was convicted of raping his cousin\'s wife, who lived next door, in broad daylight.The Sessions Judge found him guilty of the crime and sentenced him to four years of rigorous imprisonment. Upon appeal, the High Court upheld the conviction. It was argued that the appellant...

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Abdulla Mohammed Pagarkar Vs. State (Union Territory of Goa, Daman and Diu) [1979] INSC 176 (11 September 1979)

Judgement Date : 11 Sep 1979

Citation : 1979 Latest Caselaw 176 SC

CrPC Section 313. Power to examine the accused
CrPC Section 342. Power to order 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 477A. Falsification of accounts

Headnote :

A survey conducted by the Port Trust indicated that the canal linking two rivers needed immediate deepening and widening to ensure it was navigable for barges during the monsoon season, when the sea became turbulent and navigation at the river\'s mouth was perilous. The appellant (A-1), who was the...

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Commissioner of Sales Tax, Lucknow Vs. D. S. Bist & Ors [1979] INSC 177 (11 September 1979)

Judgement Date : 11 Sep 1979

Citation : 1979 Latest Caselaw 177 SC

Headnote :

The proviso to section 2(i) of the U.P. Sales Tax Act, 1948 states that the term \"turnover\" does not include the proceeds from the sale of agricultural or horticultural products cultivated by an individual on land in which they have an interest.The assessee, an agriculturist, owned tea gardens wit...

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Hasinuddin Khan & ANR Vs. Deputy Director of Consolidation & Ors [1979] INSC 178 (13 September 1979)

Judgement Date : 13 Sep 1979

Citation : 1979 Latest Caselaw 178 SC

Ram Adhar Singh Vs. Ramroop Singh & Ors [1967] INSC 242 (26 October 1967)

Headnote :

HELD: The U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962, and its Amendment Act of 1962 are not unconstitutional. [1208C] This is supported by precedents such as State of Bombay v. Narothamdas, [1951] S.C.R. 51; Union of India v. Mohindra Supply Co. [1962] 3 S.C.R. 497; and Ram Adha...

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C.I.T., West Bengal Iii, Calcutta Vs. Carew & Co. Ltd. [1979] INSC 179 (13 September 1979)

Judgement Date : 13 Sep 1979

Citation : 1979 Latest Caselaw 179 SC

Headnote :

The respondent, Carew and Co. Ltd., was based in India with its registered office located in Calcutta. For the assessment year 1956-57, which corresponds to the previous year ending on June 30, 1955, the company\'s income sources included (a) business operations in India and interest earned on secur...

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Mathuralal Vs. Bhawarlal & ANR [1979] INSC 180 (13 September 1979)

Judgement Date : 13 Sep 1979

Citation : 1979 Latest Caselaw 180 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Sub-Divisional Magistrate issued a preliminary order under section 145(1) of the Cr.P.C., 1973 due to a potential breach of peace stemming from a dispute over a house between the appellant and the respondent. Subsequently, the Magistrate attached the disputed property under section 146(1), citin...

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Biswabani (P.) Ltd. Vs. Santosh Kumar Dutta & Ors [1979] INSC 181 (14 September 1979)

Judgement Date : 14 Sep 1979

Citation : 1979 Latest Caselaw 181 SC

Constitution of India
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 107. TPA, Leases how made.
Section 116. TPA, Effect of holding over.
Section 53A. TPA Part performance.
West Bengal Premises Tenancy Act, 1956

Hiralal Vallabhram Vs. Kastorbhai Lalbhai & Ors [1967] INSC 81 (31 March 1967)

Headnote :

The third respondent leased the demised premises from respondents 1 and 2 through a registered lease deed dated September 11, 1948. This lease was for a duration of five years at a monthly rent of Rs. 2000, with an option for renewal that had to be exercised via notice two months prior to the lease\...

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Bachan Singh Vs. State of Punjab [1979] INSC 182 (14 September 1979)

Judgement Date : 14 Sep 1979

Citation : 1979 Latest Caselaw 182 SC

Criminal Procedure Code, 1973
CrPC Section 377. Appeal by the State Government against sentence
CrPC Section 397. Calling for records to exercise powers of revision
CrPC Section 401. High Court’s powers of revision

Headnote :

The appellants filed an appeal to the High Court challenging their conviction and sentence imposed by the Sessions Judge in Gurdaspur. In addition, the State submitted an appeal regarding their conviction and sentence under section 302 of the Indian Penal Code (I.P.C.). A revision petition was also...

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C. B. Muthamma Vs. Union of India & Ors [1979] INSC 183 (17 September 1979)

Judgement Date : 17 Sep 1979

Citation : 1979 Latest Caselaw 183 SC

Constitution of India

Headnote :

The petitioner, a senior member of the Indian Foreign Service, asserts that she was denied promotion to Grade I due to several factors: (i) a longstanding pattern of discriminatory practices against women, (ii) an obligation she undertook upon joining the service that required her to resign if she m...

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M. S. Shvananda Vs. Karnataka State Road Transport Corporation & Ors [1979] INSC 184 (18 September 1979)

Judgement Date : 18 Sep 1979

Citation : 1979 Latest Caselaw 184 SC

Industrial Disputes Act, 1947

Headnote :

The Karnataka Contract Carriage (Acquisition) Ordinance of 1976 was enacted on January 30, 1976, with the aim of acquiring the contract carriages operating within the State. Sub-clause (3) of clause 20 of the ordinance stipulated the absorption of certain categories of employees from contract carria...

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V. S. Kuttan Pillai Vs. Ramakrishnan & ANR [1979] INSC 185 (18 September 1979)

Judgement Date : 18 Sep 1979

Citation : 1979 Latest Caselaw 185 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 91. Summons to produce document or other thing
CrPC Section 96. Application to High Court to set aside declaration of forfeiture
Indian Penal Code, 1860 (IPC)

Headnote :

Section 91 of the Code of Criminal Procedure, 1973 grants the court or the officer in charge of a police station the authority to issue a summons or written order to any individual who possesses a document that the court or officer deems necessary or desirable for any investigation, inquiry, trial,...

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Union of India Vs. M.E. Reddy & ANR [1979] INSC 186 (19 September 1979)

Judgement Date : 19 Sep 1979

Citation : 1979 Latest Caselaw 186 SC

Constitution of India

State of Uttar Pradesh Vs. Chandra Mohan Nigam & Ors [1977] INSC 175 (19 September 1977)
R. L. Butail Vs. Union of India & Ors [1970] INSC 179 (8 September 1970)

Headnote :

The individual involved in the two appeals was mandatorily retired on April 20, 1974, in accordance with Rule 16(3) of the All India Services (Death-cum-Retirement) Rules, 1958. The individual contested this order by submitting a Writ Petition to the Andhra Pradesh High Court. A single judge of that...

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Commissioner of Income-Tax, Kerala Vs. Alagappa Textile (Cochin) Ltd. [1979] INSC 187 (19 September 1979)

Judgement Date : 19 Sep 1979

Citation : 1979 Latest Caselaw 187 SC

Headnote :

The respondent, the assessee (M/s. Alagappa Textiles (Cochin) Limited), was engaged in the manufacture and sale of yarn. On November 10, 1955, it entered into an agreement with Kamala Mills Ltd., Coimbatore, for financing and managing the Alagappa Nagar mills for a duration of five years. According...

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Ukhara Estate Zamindaries (Pvt.) Ltd. Vs. Commissioner of Income-Tax, West Bengal, Calcutta [1979] INSC 188 (19 September 1979)

Judgement Date : 19 Sep 1979

Citation : 1979 Latest Caselaw 188 SC

Income Tax Act, 1961

Headnote :

The assessee was established to acquire certain zamindari properties. Through an indenture, the assessee secured a lease on extensive zamindari properties for a duration of 999 years and also obtained an assignment of moveable assets. In exchange for the lease and assignment, fully paid shares value...

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Malabar Fisheries Co, Calcutta Vs. Commissioner of Income Tax, Kerala [1979] INSC 189 (19 September 1979)

Judgement Date : 19 Sep 1979

Citation : 1979 Latest Caselaw 189 SC

Income Tax Act, 1961
Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The appellant, a firm that was dissolved as originally established on April 1, 1959, was made up of four partners and operated various businesses under different names and styles.The firm was dissolved on March 31, 1963, and according to the dissolution deed agreed upon by the partners, one partner...

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Ganga Sugar Co Ltd. Vs. State of U.P. & Ors [1979] INSC 190 (20 September 1979)

Judgement Date : 20 Sep 1979

Citation : 1979 Latest Caselaw 190 SC

Constitution of India

Headnote :

These appeals stem from a shared demand for tax imposed by the State on several Sugar Mills regarding the purchase of Sugarcane, calculated based on weight rather than value.The Cess established under the U.P. Sugarcane Cess Act of 1956 was deemed ultra vires, leading to the creation of the Sugarcan...

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Mundrika Prasad Sinha Vs. State of Bihar [1979] INSC 191 (20 September 1979)

Judgement Date : 20 Sep 1979

Citation : 1979 Latest Caselaw 191 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The petitioner, an Advocate, was authorized by the Government to represent it in all civil cases at the district court. Due to the backlog of numerous Government cases in courts and tribunals, the Government appointed nine Assistant Government Pleaders during the petitioner\'s tenure as Government P...

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Sheo Narain Vs. Sher Singh [1979] INSC 192 (21 September 1979)

Judgement Date : 21 Sep 1979

Citation : 1979 Latest Caselaw 192 SC

East Punjab Urban Rent Restriction Act, 1949

Headnote :

The proviso to clause (1) of sub-section (2) of section 13 of the East Punjab Urban Rent Restriction Act, 1949 stipulates that \"if the tenant pays or tenders the overdue rent and interest at a rate of 65% per annum, or the overdue amount along with the costs assessed by the Controller, at the first...

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D. C. Gouse and Co. Vs. State of Kerala & ANR [1979] INSC 193 (21 September 1979)

Judgement Date : 21 Sep 1979

Citation : 1979 Latest Caselaw 193 SC

Kerala Building Tax Act, 1975

Maharaj Singh Vs. State of Uttar Pradesh & Ors [1976] INSC 278 (2 November 1976)
Sudhir Chandra Nawn Vs. Wealth-Tax Officer, Calcutta & Ors [1968] INSC 119 (23 April 1968)
State of Kerala Vs. Haji K. Haji K. Kutty Naha & Ors [1968] INSC 191 (13 August 1968)

Headnote :

The Kerala Building Tax Act, 1975, enacted by the State Legislature under Entry 49 of List II (Taxes on lands and buildings), imposes a one-time tax on buildings constructed after April 1, 1973, with a \"capital value\" exceeding Rs. 20,000/-. The \"capital value\" is defined as the product of the b...

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Mohd. Ibrahim Khan Ors Vs. State of Madhya Pradesh & Ors [1979] INSC 194 (21 September 1979)

Judgement Date : 21 Sep 1979

Citation : 1979 Latest Caselaw 194 SC

Cosmosteels Private Ltd. Vs. Jairam Das Gupta & Ors [1977] INSC 241 (16 December 1977)
Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed & Ors [1975] INSC 335 (19 December 1975)

Headnote :

The third respondent applied for a temporary cinema license, which the District Magistrate approved with a no-objection certificate valid for six months. This license was renewed twice, but a later renewal application was denied by the District Magistrate because \'Paras Talkies\', a permanent cinem...

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