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 claimed that a girl under the age of 16 was sleeping outside her home with her family when the petitioner, accompanied by another individual (who was acquitted), forcibly took her to a nearby godown owned by another acquitted individual. It was alleged that they raped the young girl...

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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 specifically provides for the establishment of a town planning trust, the development of town planning schemes (as outlined in section 12), the acquisition of land for these purposes (as per section 32), compensation for compulsory land acquisition (detailed in section 3...

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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 ancestor was the original landholder of a parcel of land in the State. This land was taken over in 1897 when a Timber depot was established on adjacent Government land. During the Maharaja\'s reign, it was customary to remit only rent without providing any compensation for land tha...

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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 :

According to the U.P. Sugar Undertakings (Acquisition) Ordinance of 1971, which was later enacted as a law, twelve sugar undertakings were transferred and vested in a government entity known as the U.P. State Sugar Corporation Limited. The writ petitions filed by the appellants in the High Court cha...

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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, hired an attorney to represent her and take necessary actions to safeguard her interests, as she faced challenges in attending court for every hearing. She settled all her rent arrears either by cheque or cash to her attorney, who failed to either deposit the p...

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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 found guilty of two offenses under section 302 in conjunction with section 149, and one under section 148 of the Indian Penal Code for causing the deaths of two individuals.Appellants Nos. 1 to 4 and 6 are related to each other, while appellant No. 5 is their...

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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 reported in his income tax return for the assessment year 1962-63 (with the previous year being the calendar year 1961) that the annual value of the building that was derequisitioned by the government on December 26, 1960, was Rs. 1,23,672/-. However, since the building had re...

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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 stipulates that the owner of a sugar factory is required to pay a cess on the sugarcane that enters the factory premises for processing, on a date and at a location as prescribed. Sub-section (3) states that if the cess is not paid by the designated...

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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, Sri Gurbaksh Singh Sibbia, served as the Minister of Irrigation and Power in the Congress Ministry of the Punjab Government. He faced serious allegations of political corruption alongside others, leading to applications being submitted to the High Court of Punjab and Haryana under Sec...

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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 designated as a Union Territory until January 25, 1971, when a Judicial Commissioner Court was at the top of its judicial system. Following the implementation of the Punjab Reorganization Act, 1966, which took effect on November 1, 1966, certain territories were transferred to H...

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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 as Inspectors of Police in 1953. After serving in that capacity for approximately 12 years, they received a promotion to officiate as Deputy Superintendents of Police, as per a notification dated June 16, 1965. Prior to their promotion, they underwent the necessary eval...

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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 entered into a lease agreement concerning the disputed property with respondent 2 for a duration of three years, starting from April 1, 1942. In 1948, the appellant initiated legal proceedings to evict the tenant due to non-payment of rent and a change in the use of the premis...

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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 election petitions E. P. No. 18/78 and E. P. No. 20/78 submitted by the candidates who lost, accusations of corrupt practices were directed at the successful candidate, the appellant. These allegations included \"engaging in actions that incite hatred and stir religious sentiments through spe...

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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 :

In dismissing the petitions, the CourtHELD 1. The term \"Coal Mine\" as defined in the 1976 Act encompasses coking coal mines, and Section 3(3) of that Act enforces a ban on the extraction of coking coal as well [601B-C]. While history can provide context, it should not constrain interpretation. It...

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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 :

The Court, in dismissing the Writ Petitions, stated:1. The stipulation in Section 3(3) of Act LXVII of 1976 is unequivocal, and the prohibition it imposes is mandatory, as it includes penalties for violations. Any breach of Section 3(3) is punishable by imprisonment. The 1976 Act categorically forbi...

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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, a Member of Parliament, produced a film titled \"Kissa Kursi Ka\" under the Dhwani Prakash banner. The prosecution claimed that the film was a grotesque satire that harshly criticized the Central Government\'s operations, leading to significant objections, including those from the...

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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 :

Sri Ahluwalia, the fourth respondent in this case, became a Deputy Superintendent of Police in Himachal Pradesh (then a Union Territory) by the end of 1956. In 1962, the Central Government established a unified police service for the Union Territories of Delhi and Himachal Pradesh, known as the Delh...

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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 :

A senior member of the Indian Police Service, Sri Ahluwalia, sought to overturn the Union of India\'s decision dated June 26, 1976, which assigned him a year of allotment of 1965. While his Writ Petition was pending in the High Court of Himachal Pradesh, some respondents from that petition, along wi...

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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 :

Following their selection by the Punjab Public Service Commission, B. R. Kapur (the appellant in CA 2413/78) and Harjeet Singh (the appellant in CA 2526/77) were directly recruited in 1951 as Deputy Superintendents of Police in the Punjab Police Service. B. R. Kapur held seniority over Harjeet Singh...

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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 as a medical officer at the Oil and Natural Gas Commission on a strictly temporary basis. According to the service terms, he was to undergo a one-year probation period, which could be extended at the discretion of the appointing authority. His appointment date was Octobe...

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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 in Bangalore is a statutory corporation established under section 5 of the Coffee Act of 1942, which was enacted to facilitate the development of the coffee industry under the Union\'s oversight. The Coffee Board wields extensive controlâ€”almost monopolisticâ€”over the coffee trade...

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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, who is an Abkari contractor, submitted an income tax return for the assessment year 1959-60, reporting a total turnover of Rs. 10,92,132 and an income of Rs. 7,704. However, the Income Tax Officer disputed the accuracy of this return. He discovered that on December 12, 1957, and Janua...

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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 served as a temporary sub-inspector of Police.While stationed in Shahjahanpur, the Superintendent of Police initiated disciplinary action against him, alleging that he breached Rule 29 of the U.P. Government Servants Conduct Rules, 1956 by entering into a second marriage in November 19...

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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 to enhance trade in the region. The Committee decided that buyers of plots for sale in the Mandi would be exempt from paying octroi duty on goods brought into the Mandi. A resolution (No. 8) was pas...

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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 :

The appellants are the widow and daughter of Zamirul Hassan, who worked as a tubewell technician in the Irrigation Department of the U.P. Government. In 1954, Zamirul Hassan was stationed in Lucknow, earning a monthly salary of Rs. 110/- along with a Dearness Allowance of Rs. 30/-. He was granted me...

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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 encompasses speech, sentiment, life, literature, and other cherished values, which is why when state language policies falter, significant tensions arise. Courts must not let legalism overshadow realism when asked to dismiss sensitive linguistic issues with emotional implications....

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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 appointed to a temporary position as Inspector of Central Excise after being recognized as a \"sportsman who represented his university in the Inter-University Tournament organized by the Inter-University Sports Board.\" He began his duties and continued in that role. On April 30,...

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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 contested 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 issued by the detaining authority on October 2, 1979. On November 14, 1979, the detainee submitted...

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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, received two plots of land located in Survey Nos. 59 and 63 at Vastrapur as a gift from her father-in-law, Jehangirji. On February 25, 1946, Dosabhai executed a document referred to as \"a deed of lease\" in favor of Indu Prasad Dev Shankar Bhatt, whose successors are th...

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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 :

During the auction for the financial year 1967-68, which took place on March 27, 1967, for the retail sale known as \"Biswan Meel\" in Sonepat, the respondents submitted the highest bid for a quota of 62,100 proof liters. Consequently, they were obligated under condition 14(iii) of the auction to pa...

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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 :

According to the Special Rules of the Tamil Nadu Commercial Taxes Service, the recruitment for the lowest position, Joint Commercial Tax Officer, occurs through direct recruitment and transfers from Deputy Commercial Tax Officers in the State Commercial Taxes Subordinate Services at a ratio of 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 :

In an effort to enhance the administration of Income Tax, the Government of India, in collaboration with the Federal Public Service Commission, decided to restructure the existing income tax services, specifically Classes I and II. According to a reorganization plan outlined in a letter from the Gov...

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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, located at 31 Jackson Lane, Calcutta, was engaged in the production of sodium silicate, plaster of Paris, and other materials that were previously imported in large quantities from abroad. The products manufactured by the Company are extensivel...

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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 :

According to Rule 4 of the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969, which is enacted under the authority of sections 72, 17, 29, 31, and 64 of the Andhra Pradesh Excise Act, 1968, a notification was issued on August 20, 1979, in the District Gazette of Hyderabad b...

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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 provided steel to the respondent plaintiff Company for the production of gas plants in Rampur.Only a portion of the supplied steel was used for its intended purpose. For the remaining steel, the Regional Deputy Iron & Steel Controller, U.P. Circle, Kanpur, instructed the respondents vi...

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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 at the State Bank of Patiala, located on The Mall in Patiala, from July 13, 1973, until her termination on August 21, 1974. Although there were brief interruptions in her service, she had worked a total of 240 days in the year leading up to her termination. The appellant a...

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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 :

The Court is granting the petition.

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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 life inmate at Tihar Jail, filed a quasi habeas corpus petition, expressing deep grievances supported by facts and figures regarding the terror and trauma inflicted upon him and his fellow inmates by a coalition of senior officials and dominant prisoners. He argued that this environment h...

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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 provided a cash credit facility of up to Rs. 75,000/- to the principal debtor, Harilal Parmananddas Adatia, who pledged 5,000 tons of groundnut oil, secured under the bank\'s custody, along with a personal guarantee from the surety, respondent No. 2. On September 16, 1957, the pri...

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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 positions for Readers in the English Department at the University became vacant, prompting an advertisement for applications. Among the applicants were the appellants and respondents 5 to 10, all of whom were serving as lecturers at the University at that time. According to section 29 of the All...

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