Caselaw | Supreme Court Judgements of march 1980

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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

Customs Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 308. Attempt to commit culpable homicide
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The defendants were accused of attempting to smuggle 43 silver ingots out of India, violating the Foreign Exchange Regulation Act of 1947, the Imports and Exports (Control) Act of 1947, and the Customs Act of 1962.The prosecution claimed that on the night in question, the defendants transported silv...

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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

Constitution of India
Gujarat Agricultural Produce Markets Act, 1963

Headnote :

The term \"bhatha land\" refers to land that is part of a riverbed where crops such as vegetables, melons, and cucumbers can be cultivated during the dry season after the rains, when the river\'s water level is low. This type of cultivation is only feasible until the next rainy season, as the land w...

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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

Code of Civil Procedure, 1908 (CPC)
Contempt of Courts Act, 1971

Headnote :

The respondents were the winning bidders at an auction for forest coupes in Bihar. After they failed to make the required security deposit for three coupes, the Conservator of Forests terminated their agreements. In response, the respondents filed a writ petition in the Calcutta High Court instead o...

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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

CrPC Section 202. Postponement of issue of process
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The petitioner was the complainant in a criminal case involving two sub-inspectors and eight police constables (respondents 1 to 10). The complainant alleged that, as part of a conspiracy, his brother was ambushed by a police team made up of these respondents. It was claimed that he was forcibly rem...

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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

Government of India Act, 1935

Headnote :

The District Board of Bareilly, exercising the authority granted by section 108 of the District Boards Act of 1922, implemented a \"Circumstances and Property Tax\" based on individuals\' circumstances and property holdings. In 1958, the responsibilities and powers of the District Boards were transf...

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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

Constitution of India

Headnote :

In the monetary lawsuit initiated by the appellant-plaintiff to recover the value of tobacco sold to the respondent-defendant, following the failure of four cheques issued by the defendant for the tobacco, the defendant claimed that there was no privity of contract. While acknowledging the receipt o...

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Vishesh Kumar Vs. Shanti Prasad [1980] INSC 46 (12 March 1980)

Judgement Date : 12 Mar 1980

Citation : 1980 Latest Caselaw 46 SC

Civil Laws
Code of Civil Procedure, 1908 (CPC)
General Clauses Act, 1897

Headnote :

Section 115 of the Code of Civil Procedure grants the High Court of a State the authority to rectify any jurisdictional errors made by subordinate courts when such errors cannot be addressed through its appellate jurisdiction. Since its introduction, there has been a growing reliance on the High Cou...

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Charles. K. Skaria Vs. Dr. C. Mathew [1980] INSC 47 (19 March 1980)

Judgement Date : 19 Mar 1980

Citation : 1980 Latest Caselaw 47 SC

Constitution of India

Harla Vs. The State Of Rajasthan [1951] INSC 41 (24 September 1951)

Headnote :

The Kerala State operates three medical colleges offering postgraduate degree and diploma programs at two of its universities, Trivandrum and Calicut. Candidate selection is conducted according to the guidelines outlined in the prospectus, with the Selection Committee overseeing the process.The prin...

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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 established the Central Government Health Scheme and, in its implementation, has created various institutions for medical assistance and education. The formation of a Central Health Service was deemed essential for the effective execution of this scheme. To establish this serv...

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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

Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner\'s bus, operated by a driver, collided with an overhanging high tension wire, leading to the deaths of several passengers and causing severe injuries to others. The driver was acquitted on the basis that the incident was an act of God. However, the Accidents Tribunal determined that,...

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Pradesh Kumar Bajpai Vs. Binod Behari Sarkar [1980] INSC 50 (21 March 1980)

Judgement Date : 21 Mar 1980

Citation : 1980 Latest Caselaw 50 SC

Civil Laws
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 114. TPA, Relief against forfeiture for non-payment of rent.

Headnote :

The appellant plaintiff initiated a lawsuit seeking the eviction of the respondent tenant, along with claims for unpaid rent and mesne profits. Although the pleadings did not specifically include a request for relief against forfeiture due to non-payment of rent under section 114 of the Transfer of...

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Ramesh Chandra Vs. State of U.P [1980] INSC 51 (25 March 1980)

Judgement Date : 25 Mar 1980

Citation : 1980 Latest Caselaw 51 SC

Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964

M/S. S. K. G. Sugar Ltd. Vs. State of Bihar & Ors [1974] INSC 105 (26 April 1974)
B. Banerjee Vs. Anita Pan [1974] INSC 246 (20 November 1974)

Headnote :

The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U.P. Act XXV of 1964) regulates the sale and purchase of agricultural products and oversees the establishment and management of markets in Uttar Pradesh. This legislation was enacted to facilitate the development of new market areas and to impr...

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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

CrPC Section 313. Power to examine the accused
CrPC Section 342. Power to order court

Headnote :

The appellant was a member of the Indian Administrative Service. An inquiry was conducted against him under rule 8 of the All India Services (Discipline and Appeal) Rules, 1969, with the Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal serving as the Enquiry Officer. He det...

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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

Constitution of India

Headnote :

The Engineering Department of the Indian Railways undertook several projects, including the construction of major bridges, new railway lines, and the doubling and electrification of existing lines. To facilitate these projects, numerous temporary Class I (Indian Railway Service of Engineers) and Cla...

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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

Administration of Evacuee Property Act, 1950
Code of Civil Procedure, 1908 (CPC)
Displaced Persons (Compensation and Rehabilitation) Act, 1954

Headnote :

The appellant filed a lawsuit in civil court claiming that the disputed house belonged to Abdul Rashid, who had rented it to his father. He stated that Abdul Rashid had moved to Pakistan, leading to the house being classified as evacuee property. Subsequently, the house was auctioned on January 29,...

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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

Constitution of India

Headnote :

In a petition for review, when a clear error in the judgment is identified, this Court is driven by the desire to be ultimately correct rather than consistently incorrect, without any sense of shame or belief in infallibility. [189 H] Three issues have been presented for the review of the previous j...

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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

Administration of Evacuee Property Act, 1950
Constitution of India

Headnote :

A notice was issued under section 7 of the Administration of Evacuee Property Act of 1950 by the Assistant Custodian of Evacuee Property to the appellant and his deceased brother, indicating that there was \"credible information in the Custodian\'s possession\" suggesting they were evacuees as defin...

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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

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Sunder Lal Vs. Paramsukhdas [1967] INSC 190 (25 August 1967)
R. L. Arora Vs. State of Uttar Pradesh & Ors [1964] INSC 34 (14 February 1964)

Headnote :

The appellant, a private company engaged in the manufacture and sale of artificial marbles and tiles, sought additional land from the Government around 1957. On January 7, 1958, the Government issued a notification under section 4 of the Land Acquisition Act, 1894, followed by a notice from the Land...

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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

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondents in Civil Appeal No. 708/78, Mamanchand Ratilal Agarwal and others, who own the property located at door No. 16 in the Nawa Bazar Area of Kirkee Cantonment, initiated civil suit No. 17 of 1964 against the appellant-tenant seeking recovery of possession and overdue rent in accordance w...

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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 convicted by the lower court for setting his wife on fire. Through a Special Leave Petition, the petitioner aimed to challenge the validity of the dying declarations.The petition was dismissed.

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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 claimed that the petitioner, an Assistant Sub-Inspector of Police, inflicted severe flogging on one of the suspects involved in a theft case, leading to the suspect\'s death. A medical examination determined that the cause of death was asphyxiation.Upon reviewing the circumstances, t...

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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 contested the validity of these orders on the grounds that they were (a) ultra vires Articles 14 and 16 of the Constitution; and (b) inconsistent with Rules 17 and 18 of the 1945 Rules. The High Court upheld the petitioners\'/respondents\' argument. Consequently, the appe...

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