Caselaw | Supreme Court Judgements of 1979

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K. Kalpana Saraswathi Vs. P.S.S. Somasundram Chettiar [1979] INSC 251 (29 November 1979)

Judgement Date : 29 Nov 1979

Citation : 1979 Latest Caselaw 251 SC

Headnote :

In 1967, the respondent consented to sell his house to the appellant for Rs. 4 lakhs, which was encumbered by an equitable mortgage in favor of a bank. The trial court ruled in favor of specific performance, instructing the plaintiff to deposit the mortgage amount within a designated timeframe, alon...

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Neelavathi & Ors Vs. M. Natarajan & Ors [1979] INSC 252 (30 November 1979)

Judgement Date : 30 Nov 1979

Citation : 1979 Latest Caselaw 252 SC

Hindu Succession Act, 1956

Headnote :

The plaintiffs, who are the appellants, initiated a lawsuit for partition and sought separate possession of their respective shares in accordance with the law, paying the court fee as stipulated under section 37 (ii) of the Tamil Nadu Court Fees and Suit Valuation Act.They specifically claimed to be...

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Union of India Vs. Satish Chandra Sharma [1979] INSC 253 (30 November 1979)

Judgement Date : 30 Nov 1979

Citation : 1979 Latest Caselaw 253 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent, an employee of the railway, faced disciplinary action from the department for misconduct. He failed to reply to the \'show-cause\' notice issued to him, and when the disciplinary proceedings continued in his absence, he filed a lawsuit seeking a declaration of immunity and a permanen...

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State of Maharashtra Vs. Natwarlal Damodardas Soni [1979] INSC 254 (4 December 1979)

Judgement Date : 04 Dec 1979

Citation : 1979 Latest Caselaw 254 SC

CrPC Section 105. Reciprocal arrangements regarding processes
CrPC Section 165. Search by police officer
Customs Act, 1962

Headnote :

The Anti-Corruption Bureau conducted a raid on the respondent\'s residence, discovering gold biscuits with foreign markings hidden in a jacket inside a steel trunk beneath some clothing. At the time of the raid, the respondent was not at home, but his wife and mother were present. Simultaneously, th...

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Shyamcharan Sharma Vs. Dharamdas [1979] INSC 255 (4 December 1979)

Judgement Date : 04 Dec 1979

Citation : 1979 Latest Caselaw 255 SC

Headnote :

The landlord, who was the respondent, sought to evict the tenant, the appellant, from the premises due to the tenant\'s failure to pay overdue rent, despite having received a notice of demand. The trial court determined that the tenant was indeed in arrears but noted that the tenant had deposited th...

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Khorshed Shapoor Chenai Vs. Assistant Controller of Estate Duty [1979] INSC 256 (4 December 1979)

Judgement Date : 04 Dec 1979

Citation : 1979 Latest Caselaw 256 SC

Headnote :

The Government of Andhra Pradesh acquired land owned by Rashid Shapoor Chenai, located in Moosapet Village, Hyderabad, and Qutbillapur in the Medchal district. The Special Deputy Collector of Land Acquisition determined a total compensation of Rs. 20,000 and Rs. 4,29,360, respectively. The Rs. 20,00...

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Rameshwar Lal Sanwarmal Vs. Commissioner of Income-Tax, Assam [1979] INSC 257 (5 December 1979)

Judgement Date : 05 Dec 1979

Citation : 1979 Latest Caselaw 257 SC

Headnote :

The assessee, a Hindu Undivided Family, held shares in a private limited company that was not significantly of public interest. Although the Hindu Undivided Family was the beneficial owner of the shares, they were registered in the name of its Karta. During the assessment year 1956-57, the company p...

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Commissioner of Gift Tax, Bombay Vs. Smt. Kusumben D. Mahadevia [1979] INSC 258 (5 December 1979)

Judgement Date : 05 Dec 1979

Citation : 1979 Latest Caselaw 258 SC

Headnote :

The Chartered Accountants for the assessee company, which operated as an investment firm, valued its shares using the profit earning method without adjusting the company\'s profits.However, the Gift Tax and Wealth Tax officers rejected this approach and instead valued the shares using the break-up m...

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Rajput Ruda Maha & Ors Vs. State of Gujarat [1979] INSC 259 (5 December 1979)

Judgement Date : 05 Dec 1979

Citation : 1979 Latest Caselaw 259 SC

CrPC Section 379. Appeal against conviction by High Court in certain cases
CrPC Section 384. Summary dismissal of appeal
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
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970

Headnote :

The appellants, who faced murder charges, were acquitted by the Sessions Judge. However, following an appeal from the State, the High Court found them guilty and imposed a sentence. In their appeal under section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, th...

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Dhani Ram Gupta & Ors Vs. Lala Sri Ram & ANR [1979] INSC 260 (7 December 1979)

Judgement Date : 07 Dec 1979

Citation : 1979 Latest Caselaw 260 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants, who were the assignees of a decree for specific performance regarding the reconveyance of property, submitted an application for the execution of the decree under Order XXI, rule 16 of the Code of Civil Procedure. A notice regarding this application was sent to both the respondent-ju...

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V. C. Shukla Vs. State Through C.B.I [1979] INSC 261 (7 December 1979)

Judgement Date : 07 Dec 1979

Citation : 1979 Latest Caselaw 261 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 500. Punishment for defamation

Mohan Lal Magan Lal Thacker Vs. State of Gujarat [1967] INSC 304 (15 December 1967)

Headnote :

Section 11(1) of the Special Courts Act, 1979 states that \"despite any provisions in the Code of Criminal Procedure, an appeal shall be a matter of right from any judgment, sentence, or orderâ€”excluding interlocutory ordersâ€”issued by a Special Court to the Supreme Court, covering both factual an...

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Nadiad Electric Co. Ltd. Vs. Nadiad Borough Municipality & ANR [1979] INSC 262 (12 December 1979)

Judgement Date : 12 Dec 1979

Citation : 1979 Latest Caselaw 262 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

Section 22-A of the Indian Electricity Act, 1910 was added by the Electricity (Amendment) Act, 1959 (32 of 1959). Sub-section 1 of Section 22-A empowers the State Government to direct a licensee to prioritize energy supply to a specific establishment over other consumers if it deems such action nece...

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Dhanabal & ANR Vs. State of Tamil Nadu [1979] INSC 263 (13 December 1979)

Judgement Date : 13 Dec 1979

Citation : 1979 Latest Caselaw 263 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 288. Return of commissions
Indian Evidence Act, 1872

Tara Singh Vs. The State [1951] INSC39 (1 June 1951)

Headnote :

The appellants and the third accused were siblings of the deceased, Rasayal. They faced charges of murder and were found guilty, receiving a life sentence under section 302 in conjunction with section 149 of the Indian Penal Code by the Sessions Court. Upon appeal, the High Court acquitted the third...

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Rajkapoor Vs. Laxman [1979] INSC 264 (14 December 1979)

Judgement Date : 14 Dec 1979

Citation : 1979 Latest Caselaw 264 SC

Indian Penal Code, 1860 (IPC)
IPC Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law

Headnote :

Section 79 of the Indian Penal Code (I.P.C.) states that no act is considered an offense if it is performed by a person who is legally justified in doing so, or who, due to a genuine mistake of fact, believes in good faith that they are legally justified in their actions.The complainant alleged that...

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C.I.T., Madras Vs. K. S. Rathnaswamy [1979] INSC 265 (18 December 1979)

Judgement Date : 18 Dec 1979

Citation : 1979 Latest Caselaw 265 SC

Headnote :

The assessee, one of Subramania\'s sons, was born and raised in Ceylon, where he owned a business and properties. Following the deaths of his father and paternal uncle Arumugha, the assessee\'s two brothers, Ganapathi and Velayadham, along with his cousin Ganesa (Arumugha\'s son), formed a Hindu Und...

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Vasant Narayan Pawar Vs. State of Maharashtra [1979] INSC 266 (19 December 1979)

Judgement Date : 19 Dec 1979

Citation : 1979 Latest Caselaw 266 SC

Headnote :

The Court dismissed the special leave petition, stating:The statement made by the dying woman, expressing that her husband should not be harmed despite her being fatally burned, cannot be interpreted as a defense for the accused. This poignant sentiment reflects the deep-rooted values of Indian woma...

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State of U.P. Vs. Synthetics & Chemicals Ltd. & Ors [1979] INSC 267 (19 December 1979)

Judgement Date : 19 Dec 1979

Citation : 1979 Latest Caselaw 267 SC

Bihar Land Reforms Act, 1950
Constitution of India
Government of India Act, 1935
Industries (Development and Regulation) Act, 1951
United Provinces Excise Act, 1910

Nashirwar Vs. The State of Madhya Pradesh [1974] INSC 252 (27 November 1974)

Headnote :

The licensees involved in the wholesale sale of denatured spirit argued in their petitions to the High Court that the imposition of fees on denatured spirit was unwarranted for two reasons: (i) the State was not offering any services to the trade, and (ii) only Parliament has the authority to impose...

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Dewan Daulat Rai Kapoor Vs. New Delhi Municipal Committee & ANR [1979] INSC 268 (20 December 1979)

Judgement Date : 20 Dec 1979

Citation : 1979 Latest Caselaw 268 SC

Delhi Municipal Corporation Act, 1957
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Punjab Municipal Act, 1911

Headnote :

Section 3(1)(b) of the Punjab Municipal Act, 1911 defines \"annual value\" as the gross annual rent that a house or building can reasonably be expected to fetch if rented out year after year, with certain specified deductions applicable. A similar definition of \"annual value\" is found in section 1...

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Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)

Judgement Date : 20 Dec 1979

Citation : 1979 Latest Caselaw 269 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 385. Putting person in fear of injury in order to commit extortion

Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

The petitioner, a death row inmate, sent a letter to one of the judges of this court claiming that another inmate was subjected to torture by a prison guard in an effort to extort money from him through his visiting family members. This letter was subsequently transformed into a habeas corpus case....

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Dharam Dev Mehta Vs. The Union of India & Ors [1979] INSC 270 (20 December 1979)

Judgement Date : 20 Jan 1979

Citation : 1979 Latest Caselaw 270 SC

Headnote :

The Court, granting the appeal by special leave, stated:It is established that Rule 2(a) of the C.C.S. (C.C.A.) Rules, 1965, after outlining alternative authorities, specifies that the appointing authority is one of four categories identified as the highest, using the phrase \"whichever authority is...

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State of Uttar Pradesh Vs. Klshori Lal Minocha [1979] INSC 271 (21 December 1979)

Judgement Date : 21 Dec 1979

Citation : 1979 Latest Caselaw 271 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 185. Illegal purchase or bid for property offered for sale by authority of public servant

Mulamchand Vs. State of Madhya Pradesh [1968] INSC 43 (20 February 1968)
K. P. Chowdhary Vs. State of Madhya Pradesh & Ors [1966] INSC 78 (15 March 1966)

Headnote :

The bidder at the annual excise auction submitted the highest bid for two groups of country liquor shops, which were awarded to him. He signed the bid sheets as a sign of acceptance and also recorded his signature in the Settlement Record register. However, he failed to deposit one-sixth of the bid...

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Premji Bhai Parmar & Ors Vs. Delhi Development Authority & Ors [1979] INSC 272 (21 December 1979)

Judgement Date : 21 Dec 1979

Citation : 1979 Latest Caselaw 272 SC

Constitution of India
Delegation of Powers
Delegation of Powers
Delhi Development Act, 1957
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Delhi Development Authority Act was established to facilitate the development of Delhi through Master and Zonal Plans. The authority is responsible for constructing housing units for various income groups, categorized as Middle Income, Low Income, Janata, and Community Personnel Service. In 1971...

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State (Spe Hyderabad) Vs. Air Commodore Kailash Chand [1979] INSC 273 (21 December 1979)

Judgement Date : 21 Dec 1979

Citation : 1979 Latest Caselaw 273 SC

Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

Headnote :

The respondent, a former member of the Indian Air Force, retired from active service on June 15, 1965, but was subsequently reemployed for a two-year period starting June 16, 1965. On September 7, 1966, he was transferred to the Regular Air Force Reserve, effective from June 16, 1965, to June 15, 19...

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Sri Krishna Singh Vs. Mathura Ahir & Ors [1979] INSC 274 (21 December 1979)

Judgement Date : 21 Dec 1979

Citation : 1979 Latest Caselaw 274 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent, Mathura Ahir, also known as Swami Harswanand, who serves as the Mahant of Garwaghat Math, initiated a lawsuit seeking a declaration of title and possession of house No. C/27/33 located in Mohalla Jagatgunj, Varanasi. He sought this for unpaid rent and mesne profits related to the pro...

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Northern India Caterers (India) Ltd. Vs. Lt. Governor of Delhi [1979] INSC 275 (21 December 1979)

Judgement Date : 21 Dec 1979

Citation : 1979 Latest Caselaw 275 SC

Code of Civil Procedure, 1908 (CPC)

Vishnu Agencies (Pvt.) Ltd. Vs. Commercial Tax Officer & Ors [1977] INSC 240 (16 December 1977)

Headnote :

HELD: (per Tulzapurakar and Pathak, JJ., with Krishna Iyer J. concurring) It is a well-established principle that a party cannot seek a review of a judgment from this Court solely for the purpose of obtaining a rehearing and a new decision in the matter.Generally, the principle holds that a judgment...

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Bhim Singh & ANR Vs. Kan Singh [1979] INSC 276 (21 December 1979)

Judgement Date : 21 Dec 1979

Citation : 1979 Latest Caselaw 276 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Plaintiff No. 1 and Plaintiff No. 2 are a father and son, while the defendant is the brother of Plaintiff No. 1. In their lawsuit against the defendant, the plaintiffs asserted that the house where the defendant resides rightfully belongs to them, as evidenced by a patta issued in their names. They...

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