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Desh Bandhu Gupta & Co. & Ors Vs. Delhi Stock Exchange Assn. Ltd. [1979] INSC 51 (23 February 1979)

Judgement Date : 23 Feb 1979

Citation : 1979 Latest Caselaw 51 SC

Headnote :

On June 27, 1969, the Central Government issued a notification under section 16(1) of the Securities Contracts (Regulation) Act of 1956, which immediately prohibited all forward trading in shares on recognized stock exchanges across the country. The notification included a proviso that addressed how...
Zila Singh & Ors Vs. Hazari & Ors [1979] INSC 52 (25 February 1979)

Judgement Date : 25 Feb 1979

Citation : 1979 Latest Caselaw 52 SC

Headnote :

The original seller of the disputed lands transferred ownership to the first buyer. Subsequently, three pre-emption decrees were issued in favor of the pre-emptor against the seller and his buyers. After fulfilling the conditions set forth in the decrees, which included depositing certain amounts of...
Hussainara Khatton & Ors Vs. Home Secretary, State of Bihar, Patna [1979] INSC 53 (26 February 1979)

Judgement Date : 26 Feb 1979

Citation : 1979 Latest Caselaw 53 SC

Headnote :

During the subsequent hearing regarding the release of under-trial prisoners in Bihar,IT WAS DECIDED: (a)(i) The term \'protective custody\' serves as a euphemism that conceals the reality of imprisonment. It is a phrase designed to soothe moral concerns. This so-called \'protective custody\' consti...
State of U.P. & ANR Vs. Raza Buland Sugar Co. Ltd., Rampur [1979] INSC 54 (27 February 1979)

Judgement Date : 27 Feb 1979

Citation : 1979 Latest Caselaw 54 SC

Headnote :

Two joint stock companies entered into agreements with a former Princely State to obtain agricultural land in exchange for fair and equitable land revenue payments. Subsequently, the two companies formed a partnership firm. Following the merger of the State with the Union of India, the Assessing Aut...
Hoshnak Singh Vs. Union of India & Ors [1979] INSC 55 (27 February 1979)

Judgement Date : 27 Feb 1979

Citation : 1979 Latest Caselaw 55 SC

Headnote :

A portion of the land assigned to the appellant on a quasi-permanent basis as a displaced individual from West Pakistan was taken over by the Government. While the issue of compensation for the acquired land was still unresolved, the Displaced Persons (Compensation and Rehabilitation) Act of 1954 wa...
Jagdish Vs. State of Rajasthan [1979] INSC 56 (28 February 1979)

Judgement Date : 28 Feb 1979

Citation : 1979 Latest Caselaw 56 SC

Headnote :

The appellant, along with four other defendants charged under section 302 of the Indian Penal Code (IPC), was acquitted of the charges. However, the appellant was convicted and sentenced under section 304 in conjunction with section 34 of the IPC. The High Court rejected the trial court\'s conclusio...
Profulla Chorone Requitte & Ors Vs. Satya Chorone Requitte [1979] INSC 57 (2 March 1979)

Judgement Date : 02 Mar 1979

Citation : 1979 Latest Caselaw 57 SC

Headnote :

The shared ancestor of both the plaintiffs and the defendant owned a large residential property (the suit property) that housed the family deity. Through two wills—one dated June 4, 1898, concerning his properties in British India, and another dated June 6, 1898, regarding the house in Chandrangor...
Ram Lal Vs. State of U.P [1979] INSC 58 (5 March 1979)

Judgement Date : 05 Mar 1979

Citation : 1979 Latest Caselaw 58 SC

Headnote :

The appeal was dismissed.It was determined that Section 499(1) of the Cr. P.C. does not require a single bond to be executed by both the accused and the sureties, with the accused signing and the sureties counter-signing. The surety\'s undertaking in Form 42, Schedule V, to ensure the accused\'s att...
Justiniano Augusto De Piedada Barreto Vs. Antonio Vicente De Fonseca & Ors [1979] INSC 59 (6 March 1979)

Judgement Date : 06 Mar 1979

Citation : 1979 Latest Caselaw 59 SC

Headnote :

Following the incorporation of Goa, Daman, and Diu into India as a Union Territory, Parliament passed the Goa, Daman and Diu (Administration) Act, 1962 to establish its governance and related matters. According to Section 5(1) of the Act, all laws that were in effect immediately prior to December 20...
Arunachalam Vs. P. S. R. Sadhanantham [1979] INSC 60 (6 March 1979)

Judgement Date : 06 Mar 1979

Citation : 1979 Latest Caselaw 60 SC

Headnote :

The prosecution claimed that there was animosity between the deceased and his brother, P.W. 2 (the Appellant), and P.W. 3 on one side, and A 1 (the respondent), A 2, their father A 4, and their nephews A 5 on the other, stemming from disputes related to elections for the Gram Panchayat and Cooperati...
Superintendent And Legal Remembrancer of Legal Affairs to the Vs. Abani Maity [1979] INSC 61 (6 March 1979)

Judgement Date : 06 Mar 1979

Citation : 1979 Latest Caselaw 61 SC

Headnote :

Section 63(1) of the Bengal Excise Act, 1909 states that when an offence punishable under the Act is committed, the intoxicating substance and the means used to commit the offence \"shall be subject to confiscation.\" Section 64(1) further stipulates that if a Magistrate determines that something is...
Munshi Ram & Ors Vs. Municipal Committee, Chheharta [1979] INSC 62 (6 March 1979)

Judgement Date : 06 Mar 1979

Citation : 1979 Latest Caselaw 62 SC

Headnote :

According to section 61(1)(b) of the Punjab Municipal Act, 1911, the respondent issued a Notification on May 15, 1946, imposing a profession tax of Rs. 15 per year on each partner of a firm, specifically Bharat Industries Chheharta, the appellants in this case. Subsequently, the tax was increased to...
Union of India & ANR Vs. K. G. Khosla & Co. (P) Ltd. & Ors [1979] INSC 63 (6 March 1979)

Judgement Date : 06 Mar 1979

Citation : 1979 Latest Caselaw 63 SC

Headnote :

The respondent company, a manufacturer of air compressors and garage equipment, operated its factory in Faridabad (Haryana) and maintained its head office in Delhi (Union Territory of Delhi). The head office was responsible for creating the production schedule and instructed the factory to produce g...
Union of India & Ors Vs. J. Ahmed [1979] INSC 64 (7 March 1979)

Judgement Date : 07 Mar 1979

Citation : 1979 Latest Caselaw 64 SC

Headnote :

The respondent, an officer of the Indian Administrative Service, was set to retire on February 1, 1962. However, due to an ongoing departmental inquiry regarding certain allegations against him, he was initially retained in service for three months beyond his retirement date, or until the conclusion...
Bal Kishan Thaper Vs. Municipal Corporation of Delhi [1979] INSC 65 (9 March 1979)

Judgement Date : 09 Mar 1979

Citation : 1979 Latest Caselaw 65 SC

Headnote :

The appellant was a producer of a product named Para Excellent and Para Asli, which was labeled as \"as sweet as saccharin\" on the outer packaging.The label also indicated that the product was para saccharin under the usage instructions.The appellant faced prosecution under sections 2(ix)(a) and (g...
Commissioner of Wealth Tax, Mysore Vs. Her Highness Vijayaba, Dowger Maharani Saheb of Bhavnagarpa [1979] INSC 66 (9 March 1979)

Judgement Date : 09 Mar 1979

Citation : 1979 Latest Caselaw 66 SC

Headnote :

The respondent\'s wealth was evaluated for Wealth Tax under the Wealth Tax Act of 1957 for the assessment years 1960-61, 1961-62, and 1962-63, with the relevant valuation dates being December 31, 1959, December 31, 1960, and December 31, 1961. On May 14, 1953, the assessee sent a letter to her young...
Hussainara Khatoon & Ors Vs. Home Secretary, State of Bihar, Patna [1979] INSC 67 (9 March 1979)

Judgement Date : 09 Mar 1979

Citation : 1979 Latest Caselaw 67 SC

Headnote :

During the resumed hearing of the petition concerning the release of under-trial prisoners in the State of Bihar.
Gurdial Singh Fijji Vs. State of Punjab & Ors [1979] INSC 68 (9 March 1979)

Judgement Date : 09 Mar 1979

Citation : 1979 Latest Caselaw 68 SC

Headnote :

The Indian Administrative Service (Appointment by Promotion) Regulations, 1955 outlines the process for selecting individuals from the State Civil Service Cadre to be included in the select list for the Indian Administrative Service. Regulation 5, which pertains to the creation of the list of qualif...
State of Punjab & Ors Vs. Dewan's Modern Breweries Ltd. [1979] INSC 69 (16 March 1979)

Judgement Date : 16 Mar 1979

Citation : 1979 Latest Caselaw 69 SC

Headnote :

The sales tax authorities imposed a tax on the liquor sales made by the respondent, who operated as a wholesaler in that sector. Challenging this tax imposition, the respondent argued in the High Court that since the sales of liquor were conducted under permits issued by the authorities, there was n...
Union of India Vs. Jardine Henderson & Ors [1979] INSC 70 (16 March 1979)

Judgement Date : 16 Mar 1979

Citation : 1979 Latest Caselaw 70 SC

Headnote :

In the case of Income Tax Officer, Kolar Circle and Anr. v. Seghu Buchiah Setty, 52 I.T.R. 538, the Court determined that the recovery actions initiated against the assessee-respondent based on the original demand notice were invalid. The Court reasoned that once the tax amount was reduced due to ap...
Vithal Dattatraya Kulkarni & Ors Vs. Shamrao Tukaram Power & Ors [1979] INSC 71 (21 March 1979)

Judgement Date : 21 Mar 1979

Citation : 1979 Latest Caselaw 71 SC

Headnote :

Section 3 of the Bombay Tenancy Act, 1939 defined a tenant as a protected tenant if they had continuously held a piece of land for six years prior to January 1, 1938, up until January 1, 1945, and had personally cultivated that land during that time.The tenancy of a protected tenant could only be te...
Paramjit Singh Sandhu & Ors Vs. Ram Rakha & Ors [1979] INSC 72 (22 March 1979)

Judgement Date : 22 Mar 1979

Citation : 1979 Latest Caselaw 72 SC

Headnote :

According to the Punjab Police Service Rules of 1959, recruitment for the Punjab Police Service (Deputy Superintendent of Police) occurs from two sources: 80% through promotions and 20% via direct recruitment. Rule 10 states that seniority within the Deputy Superintendent of Police cadre is determin...
Municipal Corporation of Delhi Vs. R. Sahari, Genl. Manager, Daurala Sugar Mills, Daurala & Ors [1979] INSC 73 (23 March 1979)

Judgement Date : 23 Mar 1979

Citation : 1979 Latest Caselaw 73 SC

Headnote :

A vendor sold toffees that were found to be adulterated, leading to his prosecution. In the Trial Court, he presented a warranty, which resulted in his acquittal by the Magistrate. However, the Magistrate issued a notice to the respondents under section 20-A, seeking to include and prosecute them on...
Jayarama Reddy & ANR Vs. Revenue Divisional Officer & Land Acquisition Officer, Kurno [1979] INSC 74 (23 March 1979)

Judgement Date : 23 Mar 1979

Citation : 1979 Latest Caselaw 74 SC

Headnote :

Order XXII Rule 4 (1) of the CPC states that if one of multiple defendants passes away and the right to sue does not continue against the remaining defendant(s) alone, the court must, upon receiving an application, include the legal representative of the deceased defendant as a party and continue wi...
Pushpaben & ANR Vs. Narandas Vs. Badiani & ANR [1979] INSC 75 (29 March 1979)

Judgement Date : 29 Mar 1979

Citation : 1979 Latest Caselaw 75 SC

Headnote :

Respondent No. 1 lodged a complaint under Section 420 of the Indian Penal Code, 1860, against the appellants, claiming that they had not repaid a loan he had extended to them. While the complaint was still pending before a Magistrate, the parties reached a compromise in which the appellants agreed t...
State of Madhya Pradesh Vs. Laxmishankar Mishra & Ors [1979] INSC 76 (29 March 1979)

Judgement Date : 29 Mar 1979

Citation : 1979 Latest Caselaw 76 SC

Headnote :

The Madhya Pradesh Local Authorities School Teachers (Absorption in Government Service) Act allows for the integration of teachers from Middle Schools and Primary Schools managed by local authorities into government service.The pertinent absorption rule established under the Act, specifically rule 3...
Shakuntala Sawhney Vs. Kaushalya Sawhney [1979] INSC 77 (4 April 1979)

Judgement Date : 04 Apr 1979

Citation : 1979 Latest Caselaw 77 SC

Headnote :

The aim of law and justice (Dharma) is to foster unity rather than create division. A judgment often contains both a profound essence and a mundane aspect. The profound aspect reflects the hopeful effort to reconcile parties, preventing litigation from severing their ties, particularly when they are...
Union of India & Ors Vs. E. S. Soundarajan [1979] INSC 78 (4 April 1979)

Judgement Date : 04 Apr 1979

Citation : 1979 Latest Caselaw 78 SC

Headnote :

The MSM Railway, part of several British Indian Companies, was integrated into the Indian Railways. The employees of the MSM Railway, who were the respondents in this case, were divided into two groups: Commercial Clerks and Assistant Station Masters/Station Masters. The pay scales across various gr...
Hukam Chand Jute Mills Ltd. Vs. Second Industrial Tribunal, West Bengal & Ors [1979] INSC 79 (11 April 1979)

Judgement Date : 11 Apr 1979

Citation : 1979 Latest Caselaw 79 SC

Headnote :

The appellant mills had been providing a customary bonus to their employees for several years. Following the amendment of the Bonus Act, 1965 in 1976 by Act 23 of 1976, the management refused to pay the customary bonus that the workers claimed. Consequently, the State Government referred the dispute...
Babu Ram Gupta Vs. Sudhir Bhasin & ANR [1979] INSC 80 (12 April 1979)

Judgement Date : 12 Apr 1979

Citation : 1979 Latest Caselaw 80 SC

Headnote :

While awaiting the resolution of a dispute between the parties that was submitted to an arbitrator, the High Court, with the consent of both parties, issued an order appointing a receiver. This order mandated that the receiver immediately take control of the property from the appellant and provide r...
S. N. Banerjee Vs. Babu Lal Gupta (Dhanuka) & Ors [1979] INSC 81 (12 April 1979)

Judgement Date : 12 Apr 1979

Citation : 1979 Latest Caselaw 81 SC

Headnote :

Section 187A of the Sea Customs Act stipulates that no court shall take cognizance of any offense related to the smuggling of goods punishable under Item 81 of the Schedule to section 167, unless a written complaint is made by the Chief Customs Officer or another Customs officer authorized by the Ch...
Sukhrani & Ors Vs. Hari Shanker & Ors [1979] INSC 82 (12 April 1979)

Judgement Date : 12 Apr 1979

Citation : 1979 Latest Caselaw 82 SC

Headnote :

The plaintiff\'s father and the fifth defendant were siblings. While the plaintiff was still a minor, he initiated a lawsuit claiming that the business operated by his father and uncle was ancestral, as it was funded by his grandfather\'s capital. He alleged that after his grandfather\'s death, his...
Satpal & Co. Vs. Lt. Governor of Delhi & Ors [1979] INSC 83 (12 April 1979)

Judgement Date : 12 Apr 1979

Citation : 1979 Latest Caselaw 83 SC

Headnote :

In the process of executing the provisions of the Punjab Excise Act, 1914 as applicable in the Union Territory of Delhi, the relevant authority conducted an auction to grant licenses in Form L-10 for the sale of country liquor. During an auction on March 29, 1978, the bids from the petitioners were...
N. Krishnammal Vs. R. Ekambaram & Ors [1979] INSC 84 (16 April 1979)

Judgement Date : 16 Apr 1979

Citation : 1979 Latest Caselaw 84 SC

Headnote :

The testator, through his will, bequeathed specific properties to each of his three sons. In Clause 5 concerning his third son (NP), he stated that if NP had no male heirs, \"my heirs shall take the aforementioned properties\" after his death. NP passed away in 1957 without any male heirs. His widow...
Concord of India Insurance Co Ltd. Vs. Nirmala Devi & Ors [1979] INSC 85 (16 April 1979)

Judgement Date : 16 Apr 1979

Citation : 1979 Latest Caselaw 85 SC

Headnote :

In November 1971, a doctor and his brother, who were riding a motorcycle, were struck and killed by a jeep driver. The Motor Accident Claims Tribunal issued its judgment on September 5, 1976, five years later, awarding Rs. 80,000 and Rs. 73,500 to the respective claimants.The appeal in this matter w...
Madhav Prasad Jatia Vs. Commissioner of Income Tax, U.P., Lucknow [1979] INSC 86 (17 April 1979)

Judgement Date : 17 Apr 1979

Citation : 1979 Latest Caselaw 86 SC

Headnote :

The appellant-assessee was engaged in money-lending and various other businesses, generating income from multiple sources, including investments in shares, properties, and business ventures.In line with her commitment to donate Rs. 10 lacs for establishing an Engineering College in memory of her dec...
State of U.P. & Ors Vs. Hindustan Aluminium Corpn. Ltd. & Ors [1979] INSC 87 (17 April 1979)

Judgement Date : 17 Apr 1979

Citation : 1979 Latest Caselaw 87 SC

Headnote :

When the Government of India granted the company a license to establish a new aluminium factory, it secured the consent of the Government of U.P. to provide the company with bulk, inexpensive electricity from the Rihand Hydro-Electric Scheme. An agreement was made between the company and the State G...
Hussainara Khantoon & Ors Vs. Home Secretary, State of Bihar, Patna [1979] INSC 88 (19 April 1979)

Judgement Date : 19 Apr 1979

Citation : 1979 Latest Caselaw 88 SC

Headnote :

Upon further consideration of the petition for the release of under-trials in the State of Bihar.
Hardip Singh & ANR Vs. The Income Tax Officer, Amritsar & Ors [1979] INSC 89 (26 April 1979)

Judgement Date : 26 Apr 1979

Citation : 1979 Latest Caselaw 89 SC

Headnote :

The appellants served as the managing director and director of a private limited company. On November 13, 1961, a resolution was passed for the voluntary liquidation of the company. In February and November of 1970, the Income Tax Officer issued notices to the appellants demanding payment of unpaid...
Satto & Ors Vs. State of U.P [1979] INSC 90 (26 April 1979)

Judgement Date : 26 Apr 1979

Citation : 1979 Latest Caselaw 90 SC

Headnote :

Three petitioners, aged between 10 and 14, encountered an eleven-year-old girl who was tending to cattle in a village near a deserted brick kiln that provided a secluded area for committing the crime of rape. They approached the victim, restrained her, and forcibly raped her. The lower courts found...
Nimeon Sangma & Ors Vs. Home Secretary, Govt. of Meghalaya & Ors [1979] INSC 91 (30 April 1979)

Judgement Date : 30 Apr 1979

Citation : 1979 Latest Caselaw 91 SC

Headnote :

In their request for a writ of habeas corpus, the petitioners claimed that a significant number of individuals were being unlawfully detained under the pretense of judicial proceedings.
K. S. Dharmadatan Vs. Central Government & Ors [1979] INSC 92 (1 May 1979)

Judgement Date : 01 May 1979

Citation : 1979 Latest Caselaw 92 SC

Headnote :

The appellant faced prosecution for offenses under sections 120-B, 420, 471, and 468 in conjunction with section 34 of the Indian Penal Code, as well as Section 167(72) of the Sea Customs Act and Section 5(2) along with section 5(1)(d) of the Prevention of Corruption Act of 1947. When the charge she...
Union of India Vs. Valluri Basavaiah Chaudhary [1979] INSC 93 (1 May 1979)

Judgement Date : 01 May 1979

Citation : 1979 Latest Caselaw 93 SC

Headnote :

Constitution of India 1950. Article 252(1) defines the term \'legislature\' as referring solely to the House or Houses of Legislature, excluding the Governor. It also highlights the distinctions between terms such as \'An Act of Legislature\', \'A legislative Act\', \'A resolution of the House\', an...
State of Gujarat & ANR Vs. Patel Ranjibhai Dhanbhai & Ors [1979] INSC 94 (1 May 1979)

Judgement Date : 01 May 1979

Citation : 1979 Latest Caselaw 94 SC

Headnote :

Section 33(6) of the Bombay Sales Tax Act of 1959 states that if the Commissioner of Sales Tax believes that a dealer is obligated to pay tax but has not registered within the timeframe specified in section 22, the Commissioner will determine, to the best of his judgment, the tax amount owed by the...
Chettiam Veettil Ammad & ANR Vs. Taluk Land Board & Ors [1979] INSC 95 (2 May 1979)

Judgement Date : 02 May 1979

Citation : 1979 Latest Caselaw 95 SC

Headnote :

The Kerala State Legislature recognized the need for comprehensive land reforms within the State. Consequently, the Kerala Agrarian Relations Act, 1960 (Act IV of 1961) was enacted and received presidential assent on January 21, 1961, with some provisions taking effect from February 15, 1961. Howeve...
State of Tamil Nadu Vs. V. Krishnnaswami Naidu & ANR [1979] INSC 96 (3 May 1979)

Judgement Date : 03 May 1979

Citation : 1979 Latest Caselaw 96 SC

Headnote :

The Criminal Law (Amendment) Act, 1952 (66 of 1952) was enacted on July 28, 1952, to further amend the Indian Penal Code, 1860 and the Criminal Procedure Code, 1898, with the aim of facilitating a quicker trial for offenses. Section 6 of the Act allows the State Government to appoint Special Judges...
Indian Overseas Bank, Madras Vs. Chemical Construction Company & Ors [1979] INSC 97 (3 May 1979)

Judgement Date : 03 May 1979

Citation : 1979 Latest Caselaw 97 SC

Headnote :

The first respondent entered into an agreement with the second respondent to construct a factory in Seoni, Madhya Pradesh. As part of the Scheme for re-discounting of bills, the first respondent discounted Bills of Exchange related to machinery sales with its banker (the petitioner). When the second...
Gujarat State Transport Corporation, Vs. Valji Mulji Soneji & Ors [1979] INSC 98 (3 May 1979)

Judgement Date : 03 May 1979

Citation : 1979 Latest Caselaw 98 SC

Headnote :

A lawsuit (No. 1262/53) was filed challenging the notification issued under Section 4 of the Land Acquisition Act on 10-10-1952 by the former Government of Bombay, as well as another notification under Section 6 of the Act dated 14-8-1953, which was issued while the lawsuit was ongoing. This notific...
Janardan Dattuappa Bondre Vs. Govindprasad Shivprasad Choudhary & Ors [1979] INSC 99 (3 May 1979)

Judgement Date : 03 May 1979

Citation : 1979 Latest Caselaw 99 SC

Headnote :

The appellant was declared the winner of the State Assembly election during the General Election of 1978, having received 27,785 votes. The fifth respondent garnered 27,604 votes, while the third respondent received 27,447 votes.The appellant\'s election was challenged by a voter, the first responde...
Sassoon J. David & Co. (P) Ltd., Bombay Vs. C.I.T., Bombay [1979] INSC 100 (3 May 1979)

Judgement Date : 03 May 1979

Citation : 1979 Latest Caselaw 100 SC

Headnote :

In January 1956, the assessee company, which had its assets valued at Rs. 155 lacs as of December 31, 1955, decided to terminate the employment of 22 employees effective March 31, 1956, and to provide them with retrenchment compensation and termination pay.Subsequently, Davids, a shareholder of the...
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