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Thakoreshri Naharsinghji Dolatsinghji & Ors Vs. State of Gujarat & Ors [1979] INSC 151 (17 August 1979)

Judgement Date : 17 Aug 1979

Citation : 1979 Latest Caselaw 151 SC

Headnote :

The disputed lands, which were once part of a former Princely State, remained unalienated as long as the Princely State collected land revenue for them. They became alienated when the Princely State granted proprietary jagirs to the jagirdars, who then settled the disputed lands with the appellants...
Bishan Devi & Ors Vs. Sirbaksh Singh & ANR [1979] INSC 152 (20 August 1979)

Judgement Date : 20 Aug 1979

Citation : 1979 Latest Caselaw 152 SC

Headnote :

The appellants filed a claim petition with the Motor Accidents Claims Tribunal, seeking Rs. 50,000/- in compensation, alleging that the first appellant\'s husband was run over by a truck driven recklessly and negligently. The second to fifth appellants are the minor children of the first appellant.T...
G. R. Luthra Vs. Lt. Governor of Delhi & Ors [1979] INSC 153 (22 August 1979)

Judgement Date : 22 Aug 1979

Citation : 1979 Latest Caselaw 153 SC

Headnote :

In the competitive examination for the recruitment to the Punjab State Judicial Service, held in 1950 by the undivided State of Punjab, the petitioner and respondent no. 3 were ranked 4th and 13th, respectively, on the merit list. On August 7, 1950, the petitioner was appointed as a Sub-Judge to a p...
Sharif Ahmed Vs. State of U.P [1979] INSC 154 (22 August 1979)

Judgement Date : 22 Aug 1979

Citation : 1979 Latest Caselaw 154 SC

Headnote :

The ban established by the Prevention of Food Adulteration Act and its associated Rules is in place due to its detrimental effects on human health. The lack of evidence does not equate to evidence of non-existence. The absence of a statement in the Public Analyst\'s report indicating that the \"colo...
Supdt. & Remembrancer of Legal Affairs West Bengal Vs. Anil Kumar Bhunja & Ors [1979] INSC 156 (23 August 1979)

Judgement Date : 23 Aug 1979

Citation : 1979 Latest Caselaw 156 SC

Headnote :

The prosecution claimed that while investigating a case, police officers from the appellant state uncovered a workshop operated by a mechanic who was actively working on a revolver. In addition to the revolver, several other firearms, including guns and rifles, were found in the workshop, all of whi...
Valliamma Champaka Pillai Vs. Sivathanu Pillai & Ors [1979] INSC 157 (24 August 1979)

Judgement Date : 24 Aug 1979

Citation : 1979 Latest Caselaw 157 SC

Headnote :

In the years 1881-1882, brothers Madhavan and Sivathanu mortgaged items 31 to 42 and 44 of the disputed properties with possession. These items were redeemed by Padmanabhan, the father of defendants 1 to 3 (the respondents), between 1913 and 1918, who paid the full redemption amount and obtained sol...
H. H. Shri Swamiji of Shri Admar Mutt Vs. The Commissioner, Hindu Religious & Charitable Endowments [1979] INSC 158 (27 August 1979)

Judgement Date : 27 Aug 1979

Citation : 1979 Latest Caselaw 158 SC

Headnote :

The religious Mutts, of which the appellants served as Mathadhipatis, were located in the South Kanara District, which was previously part of the State of Madras. According to Section 76(1) of the Madras Hindu Religious and Charitable Endowments Act, 1951, applicable to these Mutts, every religious...
Sundari & Ors Vs. Laxmi & Ors [1979] INSC 159 (28 August 1979)

Judgement Date : 28 Aug 1979

Citation : 1979 Latest Caselaw 159 SC

Headnote :

The parties involved in the litigation that led to this appeal are subject to the Aliyasantana law that is in effect in the South Kanara district. They belong to a Kutumba that traces its lineage back to a common ancestress named Manjekke. Parameshwari, along with her son and daughter, filed origina...
M. Ramakrishnan Vs. State of Madras [1979] INSC 160 (28 August 1979)

Judgement Date : 28 Aug 1979

Citation : 1979 Latest Caselaw 160 SC

Headnote :

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as defined in Section 3 (42), characterizes \"stridhana land\" as any land owned by a female family member in her name as of the Act\'s commencement date (April 6, 1960). Furthermore, Section 5 (4)(a) of the Act permits such a fema...
Jaswant Singh & Ors Vs. Union of India & Ors [1979] INSC 161 (29 August 1979)

Judgement Date : 29 Aug 1979

Citation : 1979 Latest Caselaw 161 SC

Headnote :

The Beas Project, initiated in 1960, was a collaborative effort between the composite State of Punjab and the State of Rajasthan. The Central Government, in consultation with the relevant State Governments, established a Board called the Beas Control Board to oversee all policy and administrative de...
Shanti Vijay & Co. Vs. Princess Fatima Fouzia & Ors [1979] INSC 162 (31 August 1979)

Judgement Date : 31 Aug 1979

Citation : 1979 Latest Caselaw 162 SC

Headnote :

The late H.E.H. Nawab Mir Sir Osman Ali, the Nizam of Hyderabad, established the H.E.H. the Nizam\'s Jewellery Trust through an indenture dated March 29, 1951, concerning 107 items of exceptionally valuable, rare, and priceless jewellery for the benefit of his two sons, two grandsons, two granddaugh...
Rameshwar Prasad Vs. State of Bihar & Ors [1979] INSC 163 (31 August 1979)

Judgement Date : 31 Aug 1979

Citation : 1979 Latest Caselaw 163 SC

Headnote :

The petitioner contested the High Court\'s order that suggested his replacement by promoting other Sub-judges to the position of Additional District Judges, as well as the Government\'s acceptance of this recommendation. He argued that his judicial career had been impeccable, claiming that the conte...
Indian And Eastern Newspaper Society New Delhi Vs. Commissioner of Income Tax, New Delhi [1979] INSC 164 (31 August 1979)

Judgement Date : 31 Aug 1979

Citation : 1979 Latest Caselaw 164 SC

Headnote :

Section 147(b) of the Income Tax Act, 1961 states that if an Income Tax officer has reason to believe, based on information in their possession, that income subject to tax has not been assessed for any assessment year, they are permitted to assess or reassess that income.During an internal audit of...
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

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...
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

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...
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,
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

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...
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

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

Judgement Date : 06 Sep 1979

Citation : 1979 Latest Caselaw 172 SC

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...
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

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...
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...
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...
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

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...
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...
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

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

Judgement Date : 13 Sep 1979

Citation : 1979 Latest Caselaw 180 SC

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...
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

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

Judgement Date : 14 Sep 1979

Citation : 1979 Latest Caselaw 182 SC

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...
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

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...
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

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

Judgement Date : 18 Sep 1979

Citation : 1979 Latest Caselaw 185 SC

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,...
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

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...
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...
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

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...
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

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...
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

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

Judgement Date : 20 Sep 1979

Citation : 1979 Latest Caselaw 191 SC

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

Judgement Date : 21 Sep 1979

Citation : 1979 Latest Caselaw 192 SC

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...
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

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...
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

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

Judgement Date : 03 Oct 1979

Citation : 1979 Latest Caselaw 196 SC

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

Judgement Date : 04 Oct 1979

Citation : 1979 Latest Caselaw 197 SC

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...
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

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...
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

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...
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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