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Rafiq Vs. State of U.P [1980] INSC 151 (14 August 1980)

Judgement Date : 14 Aug 1980

Citation : 1980 Latest Caselaw 151 SC

Headnote :

Indian Penal Code 1860, s. 376 - Evidence and proof - Absence of injuries on the victim - Is it detrimental to the prosecution? - Is corroboration necessary for the testimony of the victim?The petitioner was found guilty of raping a middle-aged Bal Sewika who was sleeping in a girls\' school as part...
Champak Lal H. Thakkar & Ors Vs. State of Gujarat & ANR [1980] INSC 152 (18 August 1980)

Judgement Date : 18 Aug 1980

Citation : 1980 Latest Caselaw 152 SC

Headnote :

The appellants were found guilty and sentenced for two violations under Section 22A of the Minimum Wages Act for breaching rules 26(1), 26(2), 26(5), and 26B of the Gujarat Minimum Wages Rules, 1961. As a result, each appellant was fined Rs. 50 for each offense. Both the trial court and the High Cou...
Baldev Raj Chadha Vs. Union of India & Ors [1980] INSC 153 (18 August 1980)

Judgement Date : 18 Aug 1980

Citation : 1980 Latest Caselaw 153 SC

Headnote :

The appellant, who served as an accounts officer, was promoted and appointed by the Comptroller and Auditor General of India.He was compulsorily retired on August 27, 1975, in the public interest under F. R. Rule 56(j)(i) by the Accountant General. The appellant contested his premature retirement in...
State of Tamil Nadu & Ors Vs. M.N. Sundarajan [1980] INSC 154 (19 August 1980)

Judgement Date : 19 Aug 1980

Citation : 1980 Latest Caselaw 154 SC

Headnote :

Prior to June 27, 1973, a Section Officer in the Tamil Nadu Secretariat was classified as a non-Gazetted officer. However, through Government Order G.O. Ms. No. 1616, Public (Services J) dated June 13, 1973, the position of Superintendent of the Secretariat was elevated to a Gazetted post and re-des...
Baleshwar Dass & Ors Vs. State of U.P. & Ors [1980] INSC 155 (19 August 1980)

Judgement Date : 19 Aug 1980

Citation : 1980 Latest Caselaw 155 SC

Headnote :

According to rule 3(b) of the U.P. Service of Engineers (Junior and Senior Scales) Irrigation Branch Rules, a member of the service is defined as a government employee who has been appointed in a substantive capacity to a position within the service\'s cadre, as per the rules. Rule 4 grants the Stat...
Gurcharan Singh & Ors Vs. V. K. Kaushal [1980] INSC 156 (21 August 1980)

Judgement Date : 21 Aug 1980

Citation : 1980 Latest Caselaw 156 SC

Headnote :

Section 3 of the Cantonments (Extension of Rent Control Laws) Act 1957 grants the Central Government the authority to extend, via notification, any legislation concerning rent control and housing regulation that was in effect on the notification date in the respective State where the cantonment is l...
Mangat Rai & ANR Vs. Kidar Nath & Ors [1980] INSC 157 (21 August 1980)

Judgement Date : 21 Aug 1980

Citation : 1980 Latest Caselaw 157 SC

Headnote :

The appellants were tenants of the respondents, who were their landlords. The respondents filed a suit for the eviction of the appellants under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, citing default in rent payment as the reason. Despite the appellants having deposited all du...
Gian Singh Mann Vs. The High Court of Punjab And Haryana & ANR [1980] INSC 158 (22 August 1980)

Judgement Date : 22 Aug 1980

Citation : 1980 Latest Caselaw 158 SC

Headnote :

The petitioner, after serving in various minor positions within the Punjab Government, was appointed to the Punjab Civil Service (Executive Branch) and later, in April 1965, to the Punjab Civil Service (Judicial Branch). He was initially a Senior Subordinate-Judge but was later demoted to Subordinat...
Jain Ink Manufacturing Company Vs. Life Insurance Corporation of India & ANR [1980] INSC 159 (22 August 1980)

Judgement Date : 22 Aug 1980

Citation : 1980 Latest Caselaw 159 SC

Headnote :

The L.I.C. (respondent No. 1) acquired a building through a court auction. The appellant had been established as a tenant by the previous owner of the property. The L.I.C. issued a notice under section 106 of the Transfer of Property Act, instructing the appellant to vacate the premises. When the ap...
The Commissioner of Sales Tax, U.P. Vs. Bishamber Singh Layaq Ram [1980] INSC 160 (26 August 1980)

Judgement Date : 26 Aug 1980

Citation : 1980 Latest Caselaw 160 SC

Headnote :

Section 2(c) of the U.P. Sales Tax Act, 1948 defines a \"dealer\" as any individual or group engaged in the business of buying or selling goods in Uttar Pradesh, whether for commission, remuneration, or otherwise.The U.P. Sales Tax (Amendment) Act, 1949 added an Explanation to this section, clarifyi...
The Trustees of The Port of Bombay Vs. The Premier Automobiles Ltd. [1980] INSC 161 (26 August 1980)

Judgement Date : 26 Aug 1980

Citation : 1980 Latest Caselaw 161 SC

Headnote :

Section 4 of the Bombay Port Trust Act establishes the Trust Board as a corporate entity with perpetual succession, capable of initiating and facing legal action. According to Section 61A(1), the Board is tasked with implementing the Act\'s provisions. Section 61B states that the Board\'s liability...
L. B. Sugar Factory & Oil Mills (P) Ltd. Pilibhit Vs. C.I.T. U.P., Lucknow [1980] INSC 162 (26 August 1980)

Judgement Date : 26 Aug 1980

Citation : 1980 Latest Caselaw 162 SC

Headnote :

The appellant, a private limited company, is engaged in the manufacturing and selling of crystal sugar at its factory located in Pilibhit, Uttar Pradesh. In the accounting year ending September 30, 1955, the company contributed Rs. 22,332 for the construction of the Deoni dam-Majhala Road at the req...
Union of India & Ors Vs. Ramachandra Sambhaji Kandekar [1980] INSC 163 (26 August 1980)

Judgement Date : 26 Aug 1980

Citation : 1980 Latest Caselaw 163 SC

Headnote :

The Central Government exercised its exemption authority under rule 8(1) of the Central Excise Rules, 1944, and issued a notification on January 5, 1957, exempting specific types of cotton fabrics from the full excise duty applicable. One of these varieties, listed as Item 7, specified that \"Cotton...
Land Acquisition Collector & ANR Vs. Durga Pada Mukherjee & Ors [1980] INSC 164 (27 August 1980)

Judgement Date : 27 Aug 1980

Citation : 1980 Latest Caselaw 164 SC

Headnote :

The State Government issued a notification under Section 4 of the Land Acquisition Act, indicating that the land mentioned was required for a public purpose, specifically for the expansion of a company\'s factory, funded by the company itself. In response to objections from the respondents claiming...
U.P. Co-Operative Cane Union Federation Ltd. & ANR Vs. Liladhar & Ors [1980] INSC 165 (27 August 1980)

Judgement Date : 27 Aug 1980

Citation : 1980 Latest Caselaw 165 SC

Headnote :

The respondent began his career in the Cane Development Department of the U.P. State Government in 1949 and was subsequently transferred to the District Co-operative Sugarcane Development Society Ltd., which is part of the U.P. Co-operative Cane Union Federation Ltd. He faced prosecution and was con...
Madan Lal Vs. Mst. Gopi & ANR [1980] INSC 167 (29 August 1980)

Judgement Date : 29 Aug 1980

Citation : 1980 Latest Caselaw 167 SC

Headnote :

A deed of adoption was executed by an individual named M on August 10, 1944, indicating that he had adopted the appellant. A lawsuit was initiated to contest this deed, arguing that M was not mentally fit at the time of its execution. The Trial Court dismissed the suit, and this decision was upheld...
Commissioner of Income-Tax, Andhra Pradesh Hyderabad Vs. Toshoku Ltd., Guntur [1980] INSC 168 (29 August 1980)

Judgement Date : 29 Aug 1980

Citation : 1980 Latest Caselaw 168 SC

Headnote :

The Court rejected the Revenue appeal through special leave.
Jawaharlal Nehru University Vs. B. S. Narwal [1980] INSC 169 (4 September 1980)

Judgement Date : 04 Sep 1980

Citation : 1980 Latest Caselaw 169 SC

Headnote :

The appellant University provided a five-year integrated program of study culminating in an M.A. degree across various disciplines and languages. This program was structured over ten semesters within five academic years. The courses in the discipline where a student was officially enrolled were refe...
V. B. Raju Vs. State of Gujarat & ANR [1980] INSC 170 (4 September 1980)

Judgement Date : 04 Sep 1980

Citation : 1980 Latest Caselaw 170 SC

Headnote :

The President exercised authority under section 29(1) of the Bombay Reorganisation Act to determine that the appellant, who was an additional Judge of the Bombay High Court, should stop serving as a Judge of that court and instead become a Judge of the newly established High Court of Gujarat. In his...
V. B. Raju Vs. Union of India & Ors [1980] INSC 171 (4 September 1980)

Judgement Date : 04 Sep 1980

Citation : 1980 Latest Caselaw 171 SC

Headnote :

The Court dismissed the appeal by certificate.HELD: (1) The trichotomy established by the Government of India (High Court Judges) Order, 1937, which continued under section 10(2) of the Independence Act, 1947, and was ultimately incorporated into the High Court Judges (Conditions of Service) Act, 19...
N.C. Zeliang Vs. Aju Newmai & Ors [1980] INSC 172 (5 September 1980)

Judgement Date : 05 Sep 1980

Citation : 1980 Latest Caselaw 172 SC

Headnote :

During the 1977 State Assembly elections, the appellant was declared the winner. However, the election petitioner, a candidate who lost, claimed in his petition that the appellant submitted a fraudulent expense report, thus engaging in corrupt practices as defined by section 123(6) of the Representa...
Regional Transport Officer Chittoor Vs. Associated Transport, Madras (P) Ltd. & Ors [1980] INSC 173 (5 September 1980)

Judgement Date : 05 Sep 1980

Citation : 1980 Latest Caselaw 173 SC

Headnote :

The Court dismissed the special leave petition and stated:HELD: (1) The legislature possesses comprehensive authority to enact laws and can create retrospective legislation, provided it adheres to constitutional constraints. However, it is well-established that a delegate cannot wield the same autho...
Commissioner of Wealth Tax, Lucknow Vs. P. K. Banerjee [1980] INSC 174 (9 September 1980)

Judgement Date : 09 Sep 1980

Citation : 1980 Latest Caselaw 174 SC

Headnote :

The respondent assessee, based on a trust deed executed by his father Pyarey Lal Banerji on October 26, 1937, which was later modified by another deed on April 28, 1950, received \"the net income of the trust funds\" following his father\'s death. The assessee classified this income as an annuity an...
Ichhu Devi Choraria Vs. Union of India & Ors [1980] INSC 175 (9 September 1980)

Judgement Date : 09 Sep 1980

Citation : 1980 Latest Caselaw 175 SC

Headnote :

The detenu was detained on June 4, 1980, following a detention order dated May 27, 1980. This order stated that his detention was necessary to prevent him from smuggling goods and facilitating smuggling activities. On the same day of his detention, he was provided with the grounds for his detention,...
Indian Oil Corporation Ltd. & ANR Vs. Union of India & Ors [1980] INSC 176 (10 September 1980)

Judgement Date : 10 Sep 1980

Citation : 1980 Latest Caselaw 176 SC

Headnote :

The Indian Oil Corporation produced naphtha at its facility in Barauni, Bihar, while the 5th respondent operated a fertilizer manufacturing plant in Kanpur. The Indian Oil Corporation supplies naphtha to the 5th respondent\'s fertilizer factory in Kanpur via a pipeline. Both the buyer and seller mai...
Hamida Sarfaraz Qureishi Vs. M. S. Kasbekar & Ors [1980] INSC 177 (11 September 1980)

Judgement Date : 11 Sep 1980

Citation : 1980 Latest Caselaw 177 SC

Headnote :

The Court granted the petition, stating that the supposed opportunity for the detenu to be heard in person by the Advisory Board was a mere sham, effectively undermining the rights granted to the detenu under Section 11(1) of the Prevention of Black-marketing and Maintenance of Supplies of Essential...
Pritam Nath Hoon Vs. Union of India & Ors [1980] INSC 178 (11 September 1980)

Judgement Date : 11 Sep 1980

Citation : 1980 Latest Caselaw 178 SC

Headnote :

The Court granted the petition and ordered the immediate release of the detainee.
Anand Swarup Mahesh Kumar Vs. The Commissioner of Sales Tax [1980] INSC 180 (15 September 1980)

Judgement Date : 15 Sep 1980

Citation : 1980 Latest Caselaw 180 SC

Headnote :

Section 3D of the U.P. Sales Tax Act, 1948 establishes a tax on the turnover from the purchase of goods by dealers. Sub-section (4) states that once a notification is issued under sub-section (1), no tax shall be imposed under any other section for the goods mentioned in that notification. In 1971,...
Mahadeo Prasad Singh & ANR Vs. Ram Lochan & Ors [1980] INSC 181 (16 September 1980)

Judgement Date : 16 Sep 1980

Citation : 1980 Latest Caselaw 181 SC

Headnote :

According to section 38 of the Code of Civil Procedure, a decree can be executed either by the Court that issued it or by another Court designated for execution.Section 39(1)(d) states that the Court that issued a decree may, upon the request of the decree-holder, transfer it for execution to anothe...
Kishinchand Chellaram Vs. The Commr. of Income-Tax Bombay City II, Bombay [1980] INSC 182 (16 September 1980)

Judgement Date : 16 Sep 1980

Citation : 1980 Latest Caselaw 182 SC

Headnote :

The appellant firm, M/s. Kishinchand Chellaram, was assessed for tax for the assessment year 1947-48, with the relevant accounting year ending on April 6, 1947. The Income Tax Officer, upon receiving information that a sum of Rs. 1,07,350 was allegedly sent by the assessee via telegraphic transfer t...
S. L. Kapoor Vs. Jagmohan & Ors [1980] INSC 183 (18 September 1980)

Judgement Date : 18 Sep 1980

Citation : 1980 Latest Caselaw 183 SC

Headnote :

The Punjab Municipal Act of 1911, which governs the New Delhi Municipal Committee, grants the Delhi Administration the authority under Section 238(1) to dissolve a Municipal Committee through a notification if it determines that the Committee is unable to fulfill its duties as mandated by the Act or...
State of Tamil Nadu Vs. S.Shanumugham Chettiar & ANR [1980] INSC 184 (22 September 1980)

Judgement Date : 22 Sep 1980

Citation : 1980 Latest Caselaw 184 SC

Headnote :

According to section 2(i)(L) of the Prevention of Food Adulteration Act, 1954 (prior to its amendment in 1976), a food item is considered adulterated \"if its quality or purity falls below the established standard or if its components are present in amounts that exceed the allowed limits of variabil...
Ameteep Machine Tools Vs. Labour Court Haryana & ANR [1980] INSC 185 (22 September 1980)

Judgement Date : 22 Sep 1980

Citation : 1980 Latest Caselaw 185 SC

Headnote :

The appellant company produces machine tools at its factory located in Faridabad, employing 250 workers, including the second respondent, Sadhu Singh. The workers\' requests for better working conditions led to conciliation proceedings, resulting in a settlement under Section 12 on June 20, 1969, fa...
Surendra Kumar Verma Vs. The Central Government Industrial Tribunal Cum-Labour Court [1980] INSC 186 (23 September 1980)

Judgement Date : 23 Sep 1980

Citation : 1980 Latest Caselaw 186 SC

Headnote :

The respondent Bank terminated the appellants\' services on the basis that they failed to pass the necessary tests for permanent employment. Upon review, the Labour Court determined that the Bank\'s termination of their services (with the exception of two workers) violated section 25F of the Industr...
The Commissioner of Income Tax, Kerala Vs. Smt. P.K. Kochammu Amma Peroke [1980] INSC 187 (23 September 1980)

Judgement Date : 23 Sep 1980

Citation : 1980 Latest Caselaw 187 SC

Headnote :

The respondent assessee was a partner in the partnership firms of M/s. Malabar Tile Works and M/s. Malabar Plywood Works, along with other partners, including her husband and minor daughter. In her tax returns for the assessment year 1964-65, which corresponded to the accounting year ending December...
Srinivasa Enterprises & Ors Vs. Union of India [1980] INSC 188 (24 September 1980)

Judgement Date : 24 Sep 1980

Citation : 1980 Latest Caselaw 188 SC

Headnote :

Prize Chits are a form of savings scheme where the organizer collects contributions either as a lump sum or through monthly installments over a designated period from participants. At regular intervals, a draw is held for the numbers assigned to members with tickets or units, and the holder of the w...
State of Karnataka & ANR Vs. M/S. Hansa Corporation [1980] INSC 189 (25 September 1980)

Judgement Date : 25 Sep 1980

Citation : 1980 Latest Caselaw 189 SC

Headnote :

The Karnataka Tax on Entry of Goods Into Local Areas for Consumption, Use or Sale Act of 1979 was established by the State Legislature to impose a tax on certain designated goods upon their entry into local areas. This tax was intended to compensate for the revenue shortfall experienced by municipal...
Basant Lal & ANR Vs. The State of U.P. & ANR [1980] INSC 190 (25 September 1980)

Judgement Date : 25 Sep 1980

Citation : 1980 Latest Caselaw 190 SC

Headnote :

The appellants issued a notice on February 26, 1944, terminating the lease of the disputed lands and granted the lessee company, \"Narain Das Lachman Das Oil Mill,\" until June 30, 1944, to remove its machinery, stores, buildings, and other structures as stipulated in clause (6) of the lease agreeme...
Mangalbhai Motiram Patel Vs. State of Maharashtra & Ors [1980] INSC 191 (26 September 1980)

Judgement Date : 26 Sep 1980

Citation : 1980 Latest Caselaw 191 SC

Headnote :

1. The constitutional requirements outlined in Article 22(5) state that: first, the detaining authority must promptly inform the detainee of the reasons for their detention as soon as possible after the detention occurs; and second, the authority must provide the detainee with the earliest chance to...
Ranjit Singh Vs. Union of India [1980] INSC 192 (26 September 1980)

Judgement Date : 26 Sep 1980

Citation : 1980 Latest Caselaw 192 SC

Headnote :

In 1950, the State Government granted the petitioners a manufacturing license that was renewable annually, allowing them to handcraft a specified number of guns each month.However, these guns were not subjected to proof-testing.Following the implementation of the Arms Act in 1959, the government man...
Karbalai Begum Vs. Mohd. Sayeed & ANR [1980] INSC 193 (7 October 1980)

Judgement Date : 07 Oct 1980

Citation : 1980 Latest Caselaw 193 SC

Headnote :

The appellant, a widow, and defendants 1 and 2, who are her husband\'s cousins, were co-bhumidars sharing joint possession of the disputed plots. They maintained a joint Khewat until the year 1359 Fasli. The plaintiff initiated a lawsuit seeking joint possession of her share, asserting that she resi...
Commissioner of Sales Tax, Gujarat Vs. Union Medical Agency [1980] INSC 194 (8 October 1980)

Judgement Date : 08 Oct 1980

Citation : 1980 Latest Caselaw 194 SC

Headnote :

The Court granted the appeal through special leave and ruled in favor of the respondent against the assessee.
Jodh Singh Vs. Union of India & ANR [1980] INSC 195 (9 October 1980)

Judgement Date : 09 Oct 1980

Citation : 1980 Latest Caselaw 195 SC

Headnote :

The Court, while dismissing the special leave petition, ruled as follows: (1) The special family pension granted to the widow of an Indian Air Force officer by the President of India under rule 74 of the Rules cannot be included in testamentary dispositions. This pension is awarded to the widow upon...
Ramji Dayawala & Sons (P) Ltd. Vs. Invest Import [1980] INSC 196 (9 October 1980)

Judgement Date : 09 Oct 1980

Citation : 1980 Latest Caselaw 196 SC

Headnote :

The appellant, a private limited company acting as a labor contractor, entered into a sub-contract with the respondent, a company based in Yugoslavia, which had a contract with the State Electricity Board for the establishment of a power station. The sub-contract, dated July 10, 1961, included a cla...
M. Lachia Setty & Sons Ltd. Vs. The Coffee Board, Bangalore [1980] INSC 197 (9 October 1980)

Judgement Date : 09 Oct 1980

Citation : 1980 Latest Caselaw 197 SC

Headnote :

One of the three methods employed by the respondent.The Coffee Board utilized \"pool auctions\" to release raw coffee seeds for internal trade, allowing only dealers registered with the Board to participate. The auction was overseen by a Sale Conducting officer, who was the Chief Marketing Officer o...
The Controller of Estate Duty, Lucknow Vs. Aloke Mitra [1980] INSC 198 (10 October 1980)

Judgement Date : 10 Oct 1980

Citation : 1980 Latest Caselaw 198 SC

Headnote :

One M operated as a printer and publisher.In 1953, his brother-in-law, along with several others, established two companies: a publishing firm and a printing press. Under an agreement dated May 29, 1953, M consented to transfer his business to these newly formed companies. On January 24, 1954, he se...
H. S. Bains Director Small Saving-Cum-Deputy Secretary, Fina Vs. The State (Union Territory of Chandigarh) [1980] INSC 199 (10 October 1980)

Judgement Date : 10 Oct 1980

Citation : 1980 Latest Caselaw 199 SC

Headnote :

The complainant alleged that the appellant, armed with a revolver and accompanied by two individuals, unlawfully entered his home and threatened to kill him. In response, the Magistrate ordered a police investigation under section 156(3) of the Code of Criminal Procedure. The police, in their report...
Smt. Shalini Soni Vs. Union of India & Ors [1980] INSC 200 (24 October 1980)

Judgement Date : 24 Oct 1980

Citation : 1980 Latest Caselaw 200 SC

Headnote :

The Court has granted the petitions.HELD: (1) A detenu\'s representation under the COFEPOSA does not need to follow any specific format. There is no required phrase or incantation, like \"open sesame,\" that must be recited for a communication to qualify as a representation. As long as the communica...
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