Caselaw | Supreme Court Judgements of april 1980

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Krishan Lal Vs. State of Haryana [1980] INSC 62 (1 April 1980)

Judgement Date : 01 Apr 1980

Citation : 1980 Latest Caselaw 62 SC

Indian Penal Code, 1860 (IPC)
IPC Section 376. Punishment for rape

Gurcharan Singh Vs. State of Haryana [1972] INSC 218 (13 September 1972)

Headnote :

The prosecution alleged that a girl below 16 years of age was sleeping outside her house with her family and that the petitioner in the company of another (acquitted accused) carried her away under intimidation to a neighbouring godown belonging to another acquitted accused and in that secluded venu...

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State of Kerala & Ors Vs. T.N. Peter & ANR [1980] INSC 63 (1 April 1980)

Judgement Date : 01 Apr 1980

Citation : 1980 Latest Caselaw 63 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Cochin Town Planning Act in particular contemplates the creation of a town planning trust, the preparation of town planning schemes (section 12) acquisition of lands in this behalf (section 32) compensation for such compulsory taking (section 34) and modifications in the manner of acquisition an...

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State of Jammu & Kashmir Vs. Sanaullah Mir [1980] INSC 64 (1 April 1980)

Judgement Date : 01 Apr 1980

Citation : 1980 Latest Caselaw 64 SC

Code of Civil Procedure, 1908 (CPC)

The Collector of Bombay Vs. Nusserwanji Rattanji Mistri & Ors [1955] INSC 8 (28 February 1955)

Headnote :

The respondent's forefather was the landholder of a piece of land in the State. The land was taken possession of in 1897 as the land came under a Timber depot established on land adjacent to Government land. The practice prevalent during the Maharaja's time was that only rent was remitted an...

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The Ishwari Khetan Sugar Mills (P) Ltd. & ANR Vs. The State of Uttar Pradesh & Ors [1980] INSC 65 (2 April 1980)

Judgement Date : 02 Apr 1980

Citation : 1980 Latest Caselaw 65 SC

Coal Bearing Areas (Acquisition and Development) Act, 1957
Constitution of India
Government of India Act, 1935
Industries (Development and Regulation) Act, 1951

Rustom Cavasjee Cooper Vs. Union of India [1970] INSC 18 (10 February 1970)
Baijnath Kedia Vs. State of Bihar & Ors [1969] INSC 208 (28 August 1969)

Headnote :

By the U.P. Sugar Undertakings (Acquisition) ordinance, 1971 (which later became an Act) twelve sugar undertakings stood transferred and vested in a Government. undertaking named the U.P. State; Sugar Corporation Limited. The appellants' writ petitions before the! High Court impugning the consti...

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Santosh Mehta Vs. Om Prakash & ANR [1980] INSC 66 (2 April 1980)

Judgement Date : 02 Apr 1980

Citation : 1980 Latest Caselaw 66 SC

Delhi Rent Control Act, 1958

Headnote :

The appellant tenant, a working woman engaged an advocate to appear on her behalf and take proper steps to protect her interests, as she had a difficulty in appearing in Court for every hearing. She paid all the arrears of rent by cheque or in cash to her advocate who failed either to deposit the Co...

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Bhimrao Anna Ingawale & Ors Vs. State of Maharashtra [1980] INSC 67 (2 April 1980)

Judgement Date : 02 Apr 1980

Citation : 1980 Latest Caselaw 67 SC

CrPC Section 392. Procedure where Judges of court of appeal are equally divided
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Appellants Nos. 1 to 6 were charged and convicted for two offences under section 302 read with section 149 and one under section 148 of the Indian Penal Code for having caused the death of two persons. Appellants Nos. 1 to 4 and 6 are inter-related, while appellant No. 5 is Their friend, and the...

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Liquidator of Mahamudabad Properties (P) Ltd Vs. Commissioner of Income Tax, West Bengal Ii, Calcutta [1980] INSC 68 (9 April 1980)

Judgement Date : 09 Apr 1980

Citation : 1980 Latest Caselaw 68 SC

Income Tax Act, 1961

Headnote :

The appellant-assessee, in his income tax return for the assessment year 1962-63 (for which the previous year was the calendar year 1961) recited that the annual value of the building derequisitioned by the Govt. on 26-12-1960 was Rs. 1,23,672/-. However on the ground that the building had remained...

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Mahalaxmi Sugar Mills Co. Ltd. Vs. Commissioner of Income-Tax, Delhi, New Delhi [1980] INSC 69 (9 April 1980)

Judgement Date : 09 Apr 1980

Citation : 1980 Latest Caselaw 69 SC

Headnote :

Section 3(2) of the U.P. Sugarcane Cess Act, 1956 provides that the owner of a sugar factory shall pay cess on sugarcane coming into the premises of a factory for use therein, on such date and at such place as may be prescribed. Sub-section (3) provides that if the cess is not paid by the specified...

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Gurbaksh Singh Sibbia Vs. State of Punjab [1980] INSC 70 (9 April 1980)

Judgement Date : 09 Apr 1980

Citation : 1980 Latest Caselaw 70 SC

Criminal Procedure Code, 1973
CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant herein, Sri Gurbaksh Singh Sibbia was a Minister of Irrigation and Power in the Congress Ministry of the Government of Punjab. Grave allegations of political corruption were made against him and others whereupon applications were filed in the High Court of Punjab and Haryana under sect...

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Hari Datt Kainthla & ANR Vs. State of Himachal Pradesh & Ors [1980] INSC 71 (9 April 1980)

Judgement Date : 09 Apr 1980

Citation : 1980 Latest Caselaw 71 SC

Constitution of India

State of Bihar Vs. Madan Mohan Prasad & Ors [1975] INSC 331 (19 December 1975)
Chandramouleshwar Prasad Vs. Patna High Court & Ors [1969] INSC 272 (7 October 1969)
Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)

Headnote :

Himachal Pradesh was a Union Territory till January 25, 1971, when at the apex of the Judicial hierarchy there was a court of Judicial Commissioner. On the introduction of the Punjab Reorganization Act, 1966 effective from November 1, 1966, certain territories were transferred and added to the Union...

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Rajendra Narain Singh & Ors Vs. State of Bihar & Ors [1980] INSC 72 (10 April 1980)

Judgement Date : 10 Apr 1980

Citation : 1980 Latest Caselaw 72 SC

Constitution of India

S. G. Jaisinghani Vs. Union of India & Ors [1967] INSC 38 (22 February 1967)

Headnote :

The appellants were appointed Inspectors of Police in 1953. After working as Inspectors for about 12 years, they were promoted by notification dated June 16, 1965 to officiate as Deputy Superintendents of Police. Before promotion they were subjected to the scrutinies prescribed by rules 22, 23 and 2...

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Parasram Harnand Rao Vs. Shanti Prasad Narinder Kumar Jain & ANR [1980] INSC 73 (10 April 1980)

Judgement Date : 10 Apr 1980

Citation : 1980 Latest Caselaw 73 SC

Headnote :

The appellant landlord executed a lease in respect of the disputed premises in favour of respondent 2 for three years as far back as 1-4-1942. In 1948, a suit was brought by the appellant for eviction of the tenant for nonpayment of rent on the ground of conversion of the user of the premises. The s...

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Sultan Ahmd. Owasi Vs. Mohd. Osman Shaheed & Ors [1980] INSC 74 (10 April 1980)

Judgement Date : 10 Apr 1980

Citation : 1980 Latest Caselaw 74 SC

Representation of the People Act, 1951

Headnote :

In the two election petitions E. P. No. 18/78 and E. P. No. 20/78 filed by the defeated candidates, allegation of corrupt practice, namely "indulgence in promoting hatred rousing religious sentiments by speeches made at certain places" was made against the appellant, a successful candidate...

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Mahindra Nath Shukla & Ors Vs. State of Bihar & Ors [1980] INSC 75 (11 April 1980)

Judgement Date : 11 Apr 1980

Citation : 1980 Latest Caselaw 75 SC

Coking Coal Mines (Emergency Provisions) Act, 1971
Coking Coal Mines (Nationalisation) Act, 1972

Headnote :

Dismissing the petitions, the Court HELD 1. "Coal Mine" in the 1976 Act includes coking coal mine and section 3(3) of that Act clamps down the ban on extraction of Coking Coal also [601B-C] History may illumine but cannot imprison interpretation. It is true that in 1971 when Parliament...

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Dejapada Das & ANR Vs. Union of India & Ors [1980] INSC 76 (11 April 1980)

Judgement Date : 11 Apr 1980

Citation : 1980 Latest Caselaw 76 SC

Headnote :

Dismissing the Writ Petitions, the Court, HELD: 1. The provision contained in Section 3(3) of Act LXVII of 1976 is peremptory and the prohibition is mandatory because there is punishment provided for contravention of that provision. Breach of Section 3(3) is made punishable with imprisonment. The...

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V. C. Shukla Vs. State (Delhi Administration) [1980] INSC 77 (11 April 1980)

Judgement Date : 11 Apr 1980

Citation : 1980 Latest Caselaw 77 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India
CrPC Section 384. Summary dismissal of appeal
CrPC Section 406. Power of Supreme Court to transfer cases and appeals
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 120B. Punishment of criminal conspiracy
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

Sri Amrit Nahata PW 1 was a member of Parliament and had produced a film titled "Kissa Kursi Ka" under the banner of Dhwani Prakash. The film according to the prosecution was a grotesque satire containing a scathing criticism of the functioning of the Central Government and was open to ser...

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Amrik Singh & Ors Vs. Union of India & Ors [1980] INSC 78 (11 April 1980)

Judgement Date : 11 Apr 1980

Citation : 1980 Latest Caselaw 78 SC

All India Services Act, 1951

Headnote :

One Sri Ahluwalia, 4th respondent herein became a Deputy Superintendent of Police in Himachal Pradesh (which was then a Union Territory) by the end of 1956. In 1962, the Central Government constituted a common police service for the Union Territory of Delhi and Himachal Pradesh called the Delhi and...

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R.R. Verma & Ors Vs. Union of India & Ors [1980] INSC 79 (11 April 1980)

Judgement Date : 11 Apr 1980

Citation : 1980 Latest Caselaw 79 SC

Constitution of India

Headnote :

One Sri Ahluwalia a senior member of the Indian Police Service sought to quash the decision of the Union of India dated 26-6-1976 whereby his year of allotment was fixed as 1965. When the Writ Petition of Sri Ahluwalia was pending in the High Court of Himachal Pradesh, some of the respondents in tha...

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Harjeet Singh Vs. Union of India & Ors [1980] INSC 80 (11 April 1980)

Judgement Date : 11 Apr 1980

Citation : 1980 Latest Caselaw 80 SC

All India Services Act, 1951

Headnote :

On selection by the Punjab Public Service Commission B. R. Kapur (appellant in CA 2413/78) and Harjeet Singh (Appellant in CA 2526/77) were directly recruited in 1951, as Deputy Superintendents of Police in the Punjab Police Service. B. R. Kapur was senior to Harjeet Singh as Deputy Superintendent o...

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Oil And Natural Gas Commission & Ors Vs. Dr. Mohd. S. Iskender Ali [1980] INSC 81 (14 April 1980)

Judgement Date : 14 Apr 1980

Citation : 1980 Latest Caselaw 81 SC

Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)

Headnote :

The respondent was appointed on a purely temporary basis to the post of a medical Officer in the Oil and Natural Gas Commission. Under the terms and conditions of service, he was to remain on probation for a period of one year which could be extended that the discretion of the appointing authority H...

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Consolidated Coffee & ANR Vs. Coffee Board, Bangalore [1980] INSC 82 (15 April 1980)

Judgement Date : 15 Apr 1980

Citation : 1980 Latest Caselaw 82 SC

Central Sales Tax Act, 1956
Coffee Act, 1942
Sale of Goods Act, 1930

Headnote :

The Coffee Board, Bangalore is a statutory Corporation incorporated under section 5 of the Coffee Act, 1942, an enactment passed to provide for the development of the Coffee industry under the Control of the Union. The Coffee Board under various sections of the Coffee Act, exercises complete control...

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Anantharam Veerasingaiah & Co. Vs. Commissioner of Income Tax, A.P [1980] INSC 83 (15 April 1980)

Judgement Date : 15 Apr 1980

Citation : 1980 Latest Caselaw 83 SC

Income Tax Act, 1961

Headnote :

The appellant, assessee in an Abkari contractor. It filed a return of its income for the assessment year 1959- 60, disclosing a total turnover of Rs. 10,92,132/- and an income of Rs. 7,704/-. The Income Tax Officer did not accept the correctness of the return. He found that on 12th December, 1957 an...

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Nepal Singh Vs. State of U.P. & Ors [1980] INSC 84 (15 April 1980)

Judgement Date : 15 Apr 1980

Citation : 1980 Latest Caselaw 84 SC

Constitution of India

Headnote :

The appellant was a temporary sub-inspector of Police. While he was posted at Shahjahanpur the Superintendent of Police, Shahjahanpur commenced disciplinary proceedings against him on the charge that he had violated Rule 29 of the U.P. Government Servants Conduct Rules, 1956 in as much as without...

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Jit Ram Shiv Kumar & Ors Vs. State of Haryana & ANR [1980] INSC 85 (16 April 1980)

Judgement Date : 16 Apr 1980

Citation : 1980 Latest Caselaw 85 SC

Constitution of India
Government of India Act, 1935
Gwalior
Section 70. Obligation of person enjoying benefit of non-gratuitous act

Karamshi Jethabhai Somayya Vs. The State of Bombay [1964] INSC 49 (3 March 1964)

Headnote :

The Municipal Committee of Bahadurgarh, respondent No. 2 established Mandi Fateh in Bahadurgarh Town with a view to improve trade in the area. The Municipal Committee decided that the purchasers of the plots for sale in the Mandi would not be required to pay octroi duty on goods imported within t...

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Maimoona Khatun & ANR Vs. State of U.P. & ANR [1980] INSC 86 (16 April 1980)

Judgement Date : 16 Apr 1980

Citation : 1980 Latest Caselaw 86 SC

Code of Civil Procedure, 1908 (CPC)

Jai Chand Sawhney Vs. Union of India [1969] INSC 322 (31 October 1969)
Devendra Pratap Narain Rai Sharma Vs. State of Uttar Pradesh [1961] INSC 315 (3 November 1961)

Headnote :

Appellants are the widow and daughter of one Zamirul Hassan who was employed as a tubewell technician in the Irrigation Department of U. P. Government. In the year 1954, Zamirul Hassan was posted at Lucknow and was drawing a salary of Rs. 110/- per month plus Rs.30/- as Dearness Allowance. He was gr...

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Javed Niaz Beg & ANR Vs. Union of India & ANR [1980] INSC 87 (17 April 1980)

Judgement Date : 17 Apr 1980

Citation : 1980 Latest Caselaw 87 SC

Headnote :

HELD: 1. Language is speech, sentiment, life, literature and other dear values rolled into one and that is why when State policy on language goes awry explosive tensions erupt and Courts cannot allow legalism to over-ride realism when asked to quash some sensitive linguistic formula with emotive ove...

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Uma Shankar Sharma Vs. The Union of India & Ors [1980] INSC 88 (17 April 1980)

Judgement Date : 17 Apr 1980

Citation : 1980 Latest Caselaw 88 SC

Headnote :

The appellant was selected for and appointed in a temporary vacancy of Inspector of Central Excise, as he was found to be a "sportsman who has represented the Universities in the Inter University Tournament conducted by the Inter-University Sports Board". He joined duty and continued there...

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Sabir Ahmed Vs. Union of India & Ors [1980] INSC 89 (18 April 1980)

Judgement Date : 18 Apr 1980

Citation : 1980 Latest Caselaw 89 SC

Shyam Ambalal Siroya Vs. Union of India & Ors [1980] INSC 30 (20 February 1980)

Headnote :

The petitioner challenged the detention of his brother Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order was passed on October 2, 1979 by the detaining authority. The representation made by the detenu on Nove...

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Bai Dosabai Vs. Mathurdas Govinddas & Ors [1980] INSC 90 (21 April 1980)

Judgement Date : 21 Apr 1980

Citation : 1980 Latest Caselaw 90 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Section 54. TPA, “Sale” defined.

Headnote :

The appellant Bai Dosabhai obtained two plots of land in Survey Nos. 59 and 63 at Vastrapur from her father-in- law, Jehangirji, by way of gift. On February 25, 1946, Dosabhai executed a deed styled "a deed of lease" in favour of Indu Prasad Dev Shankar Bhatt whose successors-in- interest...

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State of Haryana & Ors Vs. Jage Ram & Ors [1980] INSC 91 (21 April 1980)

Judgement Date : 21 Apr 1980

Citation : 1980 Latest Caselaw 91 SC

Constitution of India
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914

Panna Lal & Ors Vs. State of Rajasthan & Ors [1975] INSC 151 (1 August 1975)
State of Madhya Pradesh Vs. Firm Gappulal [1975] INSC 324 (17 December 1975)

Headnote :

In the auction for the financial year 1967-68 held on March 27, 1967 for the retail vend known as "Biswan Meel" Sonepat, the respondents offered the highest bid for a quota of Rs. 62,100 proof liters for which they became liable under condition 14(iii) of the auction to pay an amount calcu...

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K. Dheenadhayalan Vs. State of Tamil Nadu & ANR [1980] INSC 92 (22 April 1980)

Judgement Date : 22 Apr 1980

Citation : 1980 Latest Caselaw 92 SC

Headnote :

Under the Special Rules of the Tamil Nadu Commercial Taxes Service, recruitment to the junior most post, Joint Commercial Tax Officer is made by direct recruitment and recruitment by transfer from Deputy Commercial Tax Officers in the State Commercial Taxes Subordinate Services in the proportion 1:2...

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Kamal Kanti Dutta & Ors Vs. Union of India & Ors [1980] INSC 93 (23 April 1980)

Judgement Date : 23 Apr 1980

Citation : 1980 Latest Caselaw 93 SC

Bishan Sarup Gupta Vs. Union of India & Ors [1974] INSC 96 (16 April 1974)
Bishan Sarup Gupta Vs. Union of India & Ors [1972] INSC 171 (16 August 1972)

Headnote :

With a view to improving the Income-tax administration, the Government of India in consultation with the Federal Public Service Commission decided to reconstitute then existing income-tax services, Class I and II. Under the scheme of reorganisation of the services set out in a letter dated September...

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State of West Bengal & ANR Vs. Surendra Nath Bhattacharya & ANR [1980] INSC 94 (24 April 1980)

Judgement Date : 24 Apr 1980

Citation : 1980 Latest Caselaw 94 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Respondent 2 known as Calcutta Mineral Supply Company having its office at 31, Jackson Lane, Calcutta was carrying on the business of manufacturing sodium silicate, plaster of paris etc., which were formerly imported on a very large scale from foreign countries. The manufactured goods of the Company...

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Raja Mallaiah & ANR Vs. Anil Kishore & Ors [1980] INSC 95 (25 April 1980)

Judgement Date : 25 Apr 1980

Citation : 1980 Latest Caselaw 95 SC

Headnote :

Under Rule 4 of the Andhra Pradesh Excise (Lease of Right to sell Liquor in Retail) Rules, 1969, made in exercise of the powers conferred upon the Government by section 72 read with section 17, 29, 31 and 64 of the Andhra Pradesh Excise Act, 1968, a notification dated August 20, 1979 was published i...

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Union of India Vs. J. K. Gas Plant [1980] INSC 96 (29 April 1980)

Judgement Date : 29 Apr 1980

Citation : 1980 Latest Caselaw 96 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void
Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

The appellant had supplied some steel to the respondent plaintiff Company for manufacturing gas plants at Rampur. Only a part of the steel so supplied was utilized for the intended purpose and with regard to the rest, the Regional Deputy Iron & Steel Controller, U.P. Circle, Kanpur directed t...

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Santosh Gupta Vs. State Bank of Patiala [1980] INSC 97 (29 April 1980)

Judgement Date : 29 Apr 1980

Citation : 1980 Latest Caselaw 97 SC

Industrial Disputes Act, 1947

Headnote :

The appellant was employed in the State Bank of Patiala, The Mall, Patiala from July 13, 1973 till August 21, 1974, when her services were terminated. Despite some breaks in service for a few days, the appellant had admittedly worked for 240 days in the year preceding August 21, 1974. According to t...

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Prem Shankar Shukla Vs. Delhi Administration [1980] INSC 98 (29 April 1980)

Judgement Date : 29 Apr 1980

Citation : 1980 Latest Caselaw 98 SC

Constitution of India
CrPC Section 49. No unnecessary restraint
Indian Penal Code, 1860 (IPC)
IPC Section 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
IPC Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction
Universal Declaration of Human Rights, 1948

Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

Allowing the petition the Court

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Ramesh Kaushik Vs. B. L. Vig, Superintendent & ANR [1980] INSC 99 (30 April 1980)

Judgement Date : 30 Apr 1980

Citation : 1980 Latest Caselaw 99 SC

Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

Kaushik, a lifer lodged in Tihar Jail moved a quasi habeas corpus petition bitterly complaining with facts and figures, of the terror and horror, physical, and psychic, let loose on him and other jail mates by a crypto criminal combination of senior officials and superior prisoners, thereby making t...

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State Bank of Saurashtra Vs. Chitranjan Rangnath Raja & ANR [1980] INSC 100 (30 April 1980)

Judgement Date : 30 Apr 1980

Citation : 1980 Latest Caselaw 100 SC

Code of Civil Procedure, 1908 (CPC)
Section 141. Surety’s right to benefit of creditor’s securities

Amrit Lal Goverdhan Lalan Vs. State Bank of Travancore & Ors [1968] INSC 103 (11 April 1968)
State of Madhya Pradesh Vs. Kaluram [1966] INSC 153 (5 September 1966)

Headnote :

The appellant bank allowed a cash credit facility limited to Rs. 75,000/- to the principal debtor Harilal Parmananddas Adatia on his pledging 5,000 tons of groundnut oil under the lock and key of the Bank and on personal guarantee of the surety, respondent No. 2. The principal debtor executed a dema...

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Dr. J. P. Kulshreshtha & Ors Vs. Chancellor, Allahabad University, Raj Bhawan & Ors [1980] INSC 101 (30 April 1980)

Judgement Date : 30 Apr 1980

Citation : 1980 Latest Caselaw 101 SC

Headnote :

Six posts of Readers in the English Department of the University fell vacant and applications were invited by advertisement. The appellants and respondents 5 to 10, among others were applicants and they were all serving as lecturer in the University at that time. Since section 29 of the Allahabad Un...

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