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Hussainara Khatoon & Ors Vs. Home Secretary, State of Bihar, Govt. of Bihar, Patna [1979] INSC 101 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 101 SC

Headnote :

Typically, when an individual faces multiple charges, the prison sentences are intended to be served concurrently. However, if the sentences are to be served consecutively, the undertrial prisoners in this case have already endured the maximum time they could be imprisoned for multiple convictions....
H.D.Devasia & Co., Kerala Vs. Commissioner of Income Tax, Kerala [1979] INSC 102 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 102 SC

Headnote :

The appellant, a registered firm, operates its business in various locations throughout the State of Kerala. In addition to its regular trade in different commodities, the firm also engaged in speculative business activities.For the assessment years 1964-65 and 1965-66, the Income Tax Officer alloca...
Kewal Krishan Puri & ANR Vs. State of Punjab & Ors [1979] INSC 103 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 103 SC

Headnote :

The Punjab Agricultural Produce Markets Act, 1961, which was enacted by the former State of Punjab, aims to enhance the regulation of the purchase, sale, storage, and processing of agricultural products, as well as to establish markets for these products within the State. Section 3 establishes the S...
Bachan Singh Vs. State of Punjab [1979] INSC 104 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 104 SC

Headnote :

Penal Code - Death penalty - Conditions for imposition - Judges - Authority to commute a death sentence to life imprisonment - Validity of Rajendra Prasad\'s case as a precedent.
Shankar Chakravarti Vs. Britannia Biscuit Co. Ltd. & ANR [1979] INSC 105 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 105 SC

Headnote :

In the ex parte departmental inquiry conducted against the appellant, who was detained under the Prevention of Violence Act, 1970, the Inquiry Officer found the charges against him to be substantiated. Based on this report, the management of the first respondent company terminated the appellant\'s e...
Commissioner of Income Tax (Central) Calcutta Vs. B. N.Bhattacharjee & ANR [1979] INSC 106 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 106 SC

Headnote :

A significant amount of Rs. 30 lakhs in cash was seized from the respondent during a search conducted by Income Tax officials, leading the Department to reopen his assessments for the years 1962-63 to 1972-73. The total tax liability for the respondent exceeded Rs. 30 lakhs, with an additional Rs. 3...
The Authorised Officer, Thanjavur & ANR Vs. S. Naganatha Ayyar [1979] INSC 107 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 107 SC

Headnote :

Section 7 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961 states that from the date the Act came into effect, no individual shall hold land beyond the specified ceiling area, except as allowed by the Act and in accordance with Chapter VIII. Section 22 stipulates that if, betwee...
Metalware & Co. Vs. Bansilal Sharma & Ors [1979] INSC 108 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 108 SC

Headnote :

The appellant, a business entity, has been renting a shop in the disputed premises. The respondent acquired the building in 1975 and initiated eviction proceedings against all tenants, citing several reasons: (1) the building was very old and in a state of disrepair, necessitating immediate demoliti...
M N.Samrath Vs. Marotrao & Ors [1979] INSC 109 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 109 SC

Headnote :

Clause (g) of Section 15 of the City of Nagpur Corporation Act, 1948 states that \"no individual shall be eligible for election as a Councilor if, under any current law, they are ineligible to be a member of any local authority.\" Additionally, sub-section (4) of the Life Insurance Corporation of In...
Dalbir Singh & Ors Vs. State of Punjab [1979] INSC 110 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 110 SC

Headnote :

The appellants and the complainant\'s group were involved in a conflict regarding the allocation of water for irrigating their farmland. Although a makeshift mediation attempted to resolve the issue, it proved ineffective. On the day of the incident, the complainant\'s group was celebrating with alc...
Ramana Dayaram Shetty Vs. The International Airport Authority of India & Ors [1979] INSC 111 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 111 SC

Headnote :

The first respondent issued a public notice inviting tenders for the establishment and operation of a second-class restaurant and two snack bars at the International Airport in Bombay.The notice specified in Paragraph (1) that sealed tenders were sought from registered second-class hoteliers with a...
Vimal Chand Jawantraj Jain Vs. Shri Pradhan & Ors [1979] INSC 112 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 112 SC

Headnote :

The detainee under COFEPOSA contested the detention orders, arguing that they violated Article 22(5) of the Constitution. He claimed that his representation was neither acknowledged nor addressed by the Secretary to the Government of Maharashtra. The Secretary had previously communicated in a letter...
Cloth Traders (P) Ltd. Vs. Addl. Commr. of Income Tax, Gujarat-I [1979] INSC 113 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 113 SC

Headnote :

The first provision that exempted super-tax on intercorporate dividends dates back to December 9, 1933, when a Notification was issued by the Governor General in Council. It stated:\"The Governor General in Council is pleased to exempt from super-tax:(i) the portion of income of any investment trust...
Hargovlnd Pant Vs. Dr. Raghukul Tilak & Ors [1979] INSC 114 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 114 SC

Headnote :

Article 319(d) of the Constitution states that when a member, excluding the Chairman of a State Public Service Commission, leaves their position, they can be appointed as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Serv...
Babu Ram Jagdish Kumar & Co. Vs. State of Punjab & Ors [1979] INSC 115 (4 May 1979)

Judgement Date : 04 May 1979

Citation : 1979 Latest Caselaw 115 SC

Headnote :

Section 5(1) of the Punjab Sales Tax Act, 1948 empowers the State Government to set the tax rates applicable to a dealer\'s taxable turnover, provided it does not exceed the specified limit. Sub-section (2) outlines the principles for determining taxable turnover. Schedule \'C\' of the Act lists goo...
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...
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...
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

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...
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

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...
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

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...
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

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...
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

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

Judgement Date : 24 Jul 1979

Citation : 1979 Latest Caselaw 123 SC

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

Judgement Date : 25 Jul 1979

Citation : 1979 Latest Caselaw 125 SC

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...
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

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...
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...
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

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...
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

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

Judgement Date : 27 Jul 1979

Citation : 1979 Latest Caselaw 131 SC

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

Judgement Date : 30 Jul 1979

Citation : 1979 Latest Caselaw 132 SC

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

Judgement Date : 31 Jul 1979

Citation : 1979 Latest Caselaw 134 SC

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

Judgement Date : 31 Jul 1979

Citation : 1979 Latest Caselaw 135 SC

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

Judgement Date : 31 Jul 1979

Citation : 1979 Latest Caselaw 136 SC

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...
Indu Bhushan Gupta Vs. State of U.P. & Ors [1979] INSC 137 (1 August 1979)

Judgement Date : 01 Aug 1979

Citation : 1979 Latest Caselaw 137 SC

Headnote :

The appellant and the sixth respondent, who are brothers, formed a joint Hindu family. Although the appellant is younger than the sixth respondent, he became the Karta of the joint family due to a settlement. The family possessed extensive Zamindari properties, including a farm known as Mukundpur Fa...
Anand Narain Shukla Vs. State of Madhya Pradesh [1979] INSC 138 (2 August 1979)

Judgement Date : 02 Aug 1979

Citation : 1979 Latest Caselaw 138 SC

Headnote :

The appellant, who served as an office superintendent, was demoted to a lower position after being found guilty of certain charges in a departmental inquiry. However, the High Court annulled these orders, stating that the inquiry was neither proper nor legal, leading to the appellant\'s reinstatemen...
State of Maharashtra Vs. Vishwanath Tukuram Umale & Ors [1979] INSC 139 (2 August 1979)

Judgement Date : 02 Aug 1979

Citation : 1979 Latest Caselaw 139 SC

Headnote :

Section 3 of the Railway Property (Unlawful Possession) Act, 1966 stipulates penalties for the unlawful possession of railway property, with the key conditions being: (1) the property must be classified as railway property, (2) there must be reasonable suspicion that it was stolen or unlawfully acqu...
Vijaysingh Rathore Vs. Murarilal & Ors [1979] INSC 140 (3 August 1979)

Judgement Date : 03 Aug 1979

Citation : 1979 Latest Caselaw 140 SC

Headnote :

Rule 10 of Chapter II, Part 6 of the Bar Council of India\'s regulations regarding professional misconduct states that an advocate is prohibited from acting as a surety or certifying the financial reliability of a surety for their client in any legal proceedings.The appellant, who is a practicing ad...
Brij Mohan Vs. Commissioner of Income Tax, New Delhi [1979] INSC 141 (3 August 1979)

Judgement Date : 03 Aug 1979

Citation : 1979 Latest Caselaw 141 SC

Headnote :

Section 271(1)(c)(iii) stated that if the Income Tax officer had reason to believe that the taxpayer had concealed details of their income or provided inaccurate information regarding such income, they could impose a penalty in addition to any tax owed by the taxpayer. This penalty would be no less...
N. Madhavan Vs. State of Kerala [1979] INSC 142 (7 August 1979)

Judgement Date : 07 Aug 1979

Citation : 1979 Latest Caselaw 142 SC

Headnote :

The Sessions Judge accepted the plea of self-defense, determining that the accused was protected under Section 96 of the Penal Code and thus had not committed any crime. However, the judge ordered the confiscation of M.O. 1, the licensed firearm that the accused had surrendered, to the Government. A...
H.S. Verma & Ors Vs. Secretary, Ministry of Shipping & Transport & Ors [1979] INSC 143 (7 August 1979)

Judgement Date : 07 Aug 1979

Citation : 1979 Latest Caselaw 143 SC

Headnote :

The Central Engineering Service (Roads) of the Ministry of Transport and Communications, Department of Transport (Roads Wing) Class-I Recruitment Rules of 1959 stipulated that recruitment to the service would occur through competitive examinations, promotions, and transfers as outlined in Parts III,...
Kathiawar Industries Ltd. Vs. Jaffrabad Municipality [1979] INSC 144 (8 August 1979)

Judgement Date : 08 Aug 1979

Citation : 1979 Latest Caselaw 144 SC

Headnote :

In 1948, with the establishment of Saurashtra State, Jaffrabad fell within its jurisdiction, and the Bombay District Municipal Act of 1901, as modified for the State, was applied to Jaffrabad. The Jaffrabad Municipality, which is the predecessor of the respondent, was formed under this Act.On Octobe...
State of Gujarat Vs. Gujarat Revenue Tribunal & Ors [1979] INSC 145 (8 August 1979)

Judgement Date : 08 Aug 1979

Citation : 1979 Latest Caselaw 145 SC

Headnote :

The Bombay Taluqdari Tenure Abolition Act of 1949 and the Bombay Personal Inams Abolition Act of 1952 aimed to eliminate taluqdari and inamdari rights as part of agrarian reform. Both Acts include provisions in Section 6 of the former and Section 7 of the latter, stating that \"...all unbuilt villag...
Mohammad Yousuf Rather Vs. The State of Jammu & Kashmir & Ors [1979] INSC 146 (10 August 1979)

Judgement Date : 10 Aug 1979

Citation : 1979 Latest Caselaw 146 SC

Headnote :

The petitioner contested his detention under the Jammu regulations.He received the grounds for his detention as an annex to the District Magistrate\'s detention order. The petitioner was notified that he could submit a representation to the Government regarding the contested detention order if he wi...
Inderjeet Vs. State of Uttar Pradesh & ANR [1979] INSC 147 (10 August 1979)

Judgement Date : 10 Aug 1979

Citation : 1979 Latest Caselaw 147 SC

Headnote :

HELD: The combination of Section 7 and Section 16 of the Prevention of Food Adulteration Act is constitutionally valid. [257G] It is the role of Parliament to set policy, while the courts are responsible for determining constitutionality. The protection of public health and the regulation of harmful...
Baselius Mar Thoma Mathews & Ors Vs. Paulose Mar Athanasius Ors [1979] INSC 148 (10 August 1979)

Judgement Date : 10 Aug 1979

Citation : 1979 Latest Caselaw 148 SC

Headnote :

A significant number of lawsuits initiated by a religious community in the State had been pending for years across various courts.In light of the prolonged nature and multitude of cases, along with the harmful social implications stemming from such litigation, the High Court and the State Government...
Rajinder Nath Vs. Commissioner of Income Tax, Delhi [1979] INSC 149 (13 August 1979)

Judgement Date : 13 Aug 1979

Citation : 1979 Latest Caselaw 149 SC

Headnote :

A Hindu undivided family, comprising the father (Karta) and his three sons, was engaged in business. The Karta acquired land in his name, with the purchase price paid from the family\'s accounts, and subsequently, a building was constructed on this land. Another building was erected on a different p...
S. B. Noronah Vs. Prem Kumari Khanna [1979] INSC 150 (16 August 1979)

Judgement Date : 16 Aug 1979

Citation : 1979 Latest Caselaw 150 SC

Headnote :

The Court dismissed the appeal made under special leave.HELD: Section 21 of the Delhi Rent Control Act, 1958 establishes a specific category for special treatment. While landlords cannot evict tenants without adhering to sections 14, 19, and 20 of the Act, it cannot be said that a lenient eviction p...
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