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State of Maharashtra Vs. Mohd. Yakub S/O Abdul Hamid & Ors [1980] INSC 40 (4 March 1980)

Judgement Date : 04 Mar 1980

Citation : 1980 Latest Caselaw 40 SC

Headnote :

The respondents were charged with the offence of attempting to smuggle out of India 43 silver ingots in violation of the Foreign Exchange Regulation Act, 1947, Imports and Exports (Control) Act, 1947 and the Customs Act, 1962. The prosecution alleged that on the night of the occurrence the respon...
State of Gujarat & ANR Vs. Vaghela Dayabhai Chaturbhai & Ors [1980] INSC 41 (5 March 1980)

Judgement Date : 05 Mar 1980

Citation : 1980 Latest Caselaw 41 SC

Headnote :

The expression "bhatha land" means land which forms part of the bed of a river on which vegetables, melon, cucumber etc. can be grown during the lean period after the rainy season is over, when the level of the water in the river is quite low. The cultivation of such land is possible only...
Advocate General, State of Bihar Vs. Madhya Pradesh Khair Industries Ltd. [1980] INSC 42 (5 March 1980)

Judgement Date : 05 Mar 1980

Citation : 1980 Latest Caselaw 42 SC

Headnote :

The respondents were the successful bidders at an auction of forest coupes in the State of Bihar. As they defaulted in making the security deposit in respect of three coupes, the agreements with them were determined by the Conservator of Forests. The respondents thereupon filed a writ petition in th...
Niranjan Singh & ANR Vs. Prabhakar Rajaram Kharote & Ors [1980] INSC 43 (10 March 1980)

Judgement Date : 10 Mar 1980

Citation : 1980 Latest Caselaw 43 SC

Headnote :

The petitioner was the complainant in a criminal case where the accused were two sub-inspectors and eight police constables (respondents 1 to 10). The case of the complainant was that in pursuance to a conspiracy his brother was way laid by a police party consisting of these respondents. It was alle...
R. R. Engineering Co. Vs. Zila Parishad, Bareilly & ANR [1980] INSC 44 (10 March 1980)

Judgement Date : 10 Mar 1980

Citation : 1980 Latest Caselaw 44 SC

Headnote :

Acting under the power conferred by section 108 of the District Boards Act, 1922 the District Board, Bareilly imposed "Circumstances and Property Tax" on persons according to their circumstances and property. In 1958 the powers and functions of the District Boards were vested in or were tr...
Kushalbhai Mahojibhai Patel Vs. A Firm of Mohmadhussain Rahimbux [1980] INSC 45 (11 March 1980)

Judgement Date : 11 Mar 1980

Citation : 1980 Latest Caselaw 45 SC

Headnote :

In the money suit filed by the appellant-plaintiff to recover the value of tobacco sold to respondent-defendant after the four cheques covering the value of tobacco and issued by latter bumped, the defendant took a plea of nonexistence of privity of contract and while admitting both the receipt of t...
Vishesh Kumar Vs. Shanti Prasad [1980] INSC 46 (12 March 1980)

Judgement Date : 12 Mar 1980

Citation : 1980 Latest Caselaw 46 SC

Headnote :

Section 115 of the Code of Civil Procedure confers on the High Court of a State power to remove any jurisdictional error committed by a subordinate court in cases where the error cannot be corrected by resort to its appellate jurisdiction. From its inception there was increasing resort to the revisi...
Charles. K. Skaria Vs. Dr. C. Mathew [1980] INSC 47 (19 March 1980)

Judgement Date : 19 Mar 1980

Citation : 1980 Latest Caselaw 47 SC

Headnote :

The Kerala State runs three medical colleges with post- graduate degree and diploma courses in two of its Universities (Trivandrum and Calicut). The selection is made from among candidates guided by the prospectus issued in this behalf and the Selection Committee makes the selection. The principa...
N. C. Shinghal Vs. Union of India [1980] INSC 48 (19 March 1980)

Judgement Date : 19 Mar 1980

Citation : 1980 Latest Caselaw 48 SC

Headnote :

The Union of India has enacted Central Government Health Scheme and in implementation thereof has set up various institutions for medical relief and medical education. A Central Health Service became a necessity for effectively implementing the scheme. With a view to constituting the service, Centra...
N. K. Vs. Bros (P) Ltd. Vs. M. Karumai Ammal & Ors [1980] INSC 49 (21 March 1980)

Judgement Date : 21 Mar 1980

Citation : 1980 Latest Caselaw 49 SC

Headnote :

The petitioner's bus driven by a driver hit an over- hanging high tension wire resulting in the death of some passengers and loss of limb to several others. The driver was acquitted on the ground that the tragedy was an act of God. The Accidents Tribunal held that despite the screams of the pass...
Pradesh Kumar Bajpai Vs. Binod Behari Sarkar [1980] INSC 50 (21 March 1980)

Judgement Date : 21 Mar 1980

Citation : 1980 Latest Caselaw 50 SC

Headnote :

The appellant plaintiff filed a suit for eviction of the respondent tenant and for arrears of rent and mesne profits. Though no specific plea of relief against forfeiture for non-payment of rent under section 114 of the Transfer of Property Act was taken in the pleadings, during the course of the ar...
Ramesh Chandra Vs. State of U.P [1980] INSC 51 (25 March 1980)

Judgement Date : 25 Mar 1980

Citation : 1980 Latest Caselaw 51 SC

Headnote :

The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U.P. Act XXV of 1964) provides for the regulation of sale and purchase of agricultural produce and for the establishment superintendence and control of markets in Uttar Pradesh. The enactment was passed for the development of new market areas a...
Sunil Kumar Banerjee Vs. State of West Bengal & Ors [1980] INSC 52 (26 March 1980)

Judgement Date : 26 Mar 1980

Citation : 1980 Latest Caselaw 52 SC

Headnote :

The appellant was a member of the Indian Administrative Service. In an enquiry under rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 against him the Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal was appointed as the Enquiry Officer. He held that cert...
Katyani Dayal & Ors Vs. Union of India & Ors [1980] INSC 53 (26 March 1980)

Judgement Date : 26 Mar 1980

Citation : 1980 Latest Caselaw 53 SC

Headnote :

Several assignments such as the construction of major bridges, new lines, doubling of and electrification of existing lines etc. were taken up the Engineering Department of the Indian Railways and to carry out these works, a number of temporary posts of Class I (Indian Railway Service of Engineers)...
Dr. Rajendra Prakash Sharma Vs. Gyan Chandra & Ors [1980] INSC 54 (27 March 1980)

Judgement Date : 27 Mar 1980

Citation : 1980 Latest Caselaw 54 SC

Headnote :

The appellant field a suit in the civil court alleging that the house in dispute was owned by one Abdul Rashid and that he had let out the house to his father who was paying rent to him, that Abdul Rashid had migrated to Pakistan and the house was declared evacuee property. Later, the house was put...
The Palace Administration Board Vs. Rama Verma Bharathan Thampuran & Ors [1980] INSC 55 (27 March 1980)

Judgement Date : 27 Mar 1980

Citation : 1980 Latest Caselaw 55 SC

Headnote :

In a petition for review, once a clear error in the judgment is revealed no sense of shame or infallibility complex absesses or dissuades this Court from the anxiety to be ultimately right, not consistently wrong. [189 H] Three points were raised for review of the earlier judgment. 1. The Kerala...
Nasir Ahemed Vs. Assistant Custodian General, Evacuee Property U.P., Lucknow [1980] INSC 56 (28 March 1980)

Judgement Date : 28 Mar 1980

Citation : 1980 Latest Caselaw 56 SC

Headnote :

A notice under section 7 of the Administration of Evacuee Property Act 1950, was Issued by the Assistant Custodian of Evacuee Property to the appellant and his brother (since deceased) stating that there was "credible information in possession of the Custodian" that they were evacuees unde...
Himalayan Tiles & Marbles (P) Ltd. Vs. Francis Victor Coutinho & Ors [1980] INSC 57 (28 March 1980)

Judgement Date : 28 Mar 1980

Citation : 1980 Latest Caselaw 57 SC

Headnote :

The appellant a private company was carrying on the business of manufacture and sale of artificial marbles and tiles. In or about 1957 the company moved the Government for acquiring additional land for purposes of the company and the Government on January 7, 1958 issued a notification under section...
Jai Singh Jairam Tyagi Vs. Mamanchand Ratilal Agarwal & Ors [1980] INSC 58 (28 March 1980)

Judgement Date : 28 Mar 1980

Citation : 1980 Latest Caselaw 58 SC

Headnote :

The respondents in Civil Appeal No. 708/78 Mamanchand Ratilal Agarwal and others, who are the landlords of premises bearing door No. 16 in Nawa Bazar Area Kirkee Cantonment, filed a civil suit No. 17,0 of 1964 against the Appellant-tenant for recovery of possession and arrears of rent under the prov...
Som Nath Vs. State of Haryana [1980] INSC 59 (31 March 1980)

Judgement Date : 31 Mar 1980

Citation : 1980 Latest Caselaw 59 SC

Headnote :

The petitioner was found guilty of burning his wife by the Court below. By Special Leave Petition, the Petitioner sought to discredit the dying declarations. Dismissing the Petition,
Raghbir Singh Vs. State of Haryana [1980] INSC 60 (31 March 1980)

Judgement Date : 31 Mar 1980

Citation : 1980 Latest Caselaw 60 SC

Headnote :

The prosecution alleged that the petitioner, an Assistant Sub-Inspector of Police, subjected one of the suspects in a theft case to severe flagellation which resulted in the death of the suspect. Medical examination of the deceased revealed that death was due to asphyxiation. On a study of the ci...
State of U.P. & ANR Vs. M. J. Siddiqui & Ors [1980] INSC 61 (31 March 1980)

Judgement Date : 31 Mar 1980

Citation : 1980 Latest Caselaw 61 SC

Headnote :

The petitioners/respondents challenged the vires of these orders as (a) ultra vires Articles 14 and 16 of the Constitution; (b) in consistent with the Rules 17 and 18 of the 1945 Rules. The High Court accepted the plea of the petitioners/respondents. Hence the appeals by special leave by the appella...
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