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Kamla Kanahiyalal Khushalani Vs. State of Mahararashtra & ANR [1981] INSC 1 (6 January 1981)

Judgement Date : 06 Jan 1981

Citation : 1981 Latest Caselaw 1 SC

Headnote :

In a petition filed under Article 32 of the Constitution, the petitioner, who is currently detained, argued that although the grounds for his detention were provided to him on the day of his arrest (October 20, 1980), the supporting materials and documents that justified the detention order were not...
Rama Nand & Ors Vs. State of Himachal Pradesh [1981] INSC 2 (6 January 1981)

Judgement Date : 06 Jan 1981

Citation : 1981 Latest Caselaw 2 SC

Headnote :

The Court upheld the conviction and sentences of the appellants while dismissing their appeal.HELD: (1) It is well established that when inferring the guilt of an accused based solely on circumstantial evidence, those circumstances must first be convincingly proven. Additionally, these circumstances...
New Bihar Biri Leaves Co. & Ors Vs. State of Bihar & Ors [1981] INSC 3 (6 January 1981)

Judgement Date : 06 Jan 1981

Citation : 1981 Latest Caselaw 3 SC

Headnote :

Constitution of India 1950, Articles 19(6) clauses (i) & (ii) - Whether the clauses are distinct and separate - Whether the law covered by the clauses meets the reasonableness test under Article 19(1)(g) regarding a citizen\'s right to contract with the State - Whether a fundamental right can be...
Natraj Studios (P) Ltd. Vs. Navrang Studios & ANR [1981] INSC 4 (7 January 1981)

Judgement Date : 07 Jan 1981

Citation : 1981 Latest Caselaw 4 SC

Headnote :

The respondent provided the appellant with \"leave and licence\" to utilize their two studios, machinery, equipment, and other materials. As of February 1, 1973, section 15A was added to the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which stated that any individual occupying pre...
State of Gujarat Vs. Chamanlal Manjibhai Soni [1981] INSC 5 (8 January 1981)

Judgement Date : 08 Jan 1981

Citation : 1981 Latest Caselaw 5 SC

Headnote :

Upholding the High Court\'s decision to annul the detention, the CourtHELD: (1) The detention under section 3 of the COFEPOSA is solely intended to prevent smuggling, and all grounds for detention, whether singular or multiple, must pertain exclusively to various smuggling activities. No separate gr...
P. Kasilingam Vs. P.S.G. College of Technology [1981] INSC 6 (8 January 1981)

Judgement Date : 08 Jan 1981

Citation : 1981 Latest Caselaw 6 SC

Headnote :

The Court has allowed the appeal and referred the matter back to the Government for the resolution of the claim for back wages. HELD: (1) The circumstances surrounding the appellant\'s resignation and the accompanying letter of apology, which was obtained just prior to the commencement of the depart...
Smt. Sooraj Devi Vs. Pyare Lal & ANR [1981] INSC 7 (8 January 1981)

Judgement Date : 08 Jan 1981

Citation : 1981 Latest Caselaw 7 SC

Headnote :

Section 362 of the Code of Criminal Procedure, 1973, prohibits a court from modifying its judgment. It states: \"except as otherwise provided by this Code or any other applicable law, no Court shall alter or review its signed judgment or final order in a case, except to correct clerical or arithmeti...
Ajitsingh Thakursingh & ANR Vs. State of Gujarat [1981] INSC 8 (9 January 1981)

Judgement Date : 09 Jan 1981

Citation : 1981 Latest Caselaw 8 SC

Headnote :

The two appellants, a father and son, along with another son who was acquitted, faced charges for the murder of the deceased and for injuring his two brothers, all of whom lived in a chawl owned by the first appellant. The prosecution claimed that on the day of the incident, the appellants demanded...
Ashok Kumar & Ors Vs. Additional District Judge, Nainital & Ors [1981] INSC 9 (9 January 1981)

Judgement Date : 09 Jan 1981

Citation : 1981 Latest Caselaw 9 SC

Headnote :

The appellants were the landlords of a building where the tenant operated a hotel. They initiated legal proceedings to evict the tenant, citing non-payment of rent. The court ruled in favor of the landlords. Anticipating that the premises would soon be vacant, the landlord submitted an application t...
S. A. Sundararajan Vs. A. P. Vs. Rajendran [1981] INSC 10 (13 January 1981)

Judgement Date : 13 Jan 1981

Citation : 1981 Latest Caselaw 10 SC

Headnote :

In his petition filed under section 47 of the Code of Civil Procedure, the appellant claimed that the sale of one of his property lots, which was attached following a court decree, was flawed due to numerous irregularities and omissions in both the sale proclamation and the sale process itself. The...
Swadeshi Cotton Mills Vs. Union of India [1981] INSC 11 (13 January 1981)

Judgement Date : 13 Jan 1981

Citation : 1981 Latest Caselaw 11 SC

Headnote :

The Industries (Development and Regulation) Act of 1951 grants the Union of India the authority to control certain industries listed in the Act\'s First Schedule, which includes textiles under Item 23.Section 15 allows the Central Government to conduct a thorough investigation if it believes that (a...
Francis Coralie Mullin Vs. The Administrator, Union Territory of Delhi & Ors [1981] INSC 12 (13 January 1981)

Judgement Date : 13 Jan 1981

Citation : 1981 Latest Caselaw 12 SC

Headnote :

The Court granted the writ petition.
Rajasthan Pharmaceutical Laboratory, Bangalore and Twoother Vs. State of Karnataka [1981] INSC 13 (14 January 1981)

Judgement Date : 14 Jan 1981

Citation : 1981 Latest Caselaw 13 SC

Headnote :

M/s. Rajasthan Pharmaceutical Laboratory, the first appellant in Criminal Appeal No. 120 of 1975, is a firm where the second appellant is a partner and the third appellant serves as the manager. The first appellant possesses a license under the Drugs and Cosmetics Act, 1940 for the re-packing of dru...
Superintendent & Remembrancer of Legal Affairs, West Bengal Vs. Satyen Bhowmick & Ors [1981] INSC 14 (15 January 1981)

Judgement Date : 15 Jan 1981

Citation : 1981 Latest Caselaw 14 SC

Headnote :

Section 14 of the Official Secrets Act states that, in addition to any powers a Court may have to exclude the public from proceedings, if the prosecution requests that the publication of any evidence would harm the safety of the State during a trial for an offense under this Act, the Court may issue...
Vidya Charan Shukla Vs. Purshottam Lal Kaushik [1981] INSC 15 (15 January 1981)

Judgement Date : 15 Jan 1981

Citation : 1981 Latest Caselaw 15 SC

Headnote :

The appellant was convicted and sentenced to over two years of imprisonment by the Sessions Judge in Delhi on February 26/27, 1979. On February 27, 1979, the Sessions Judge issued an order under section 389(3) of the Code of Criminal Procedure, suspending the execution of the sentence to give the ap...
State of Punjab Vs. Wasson Singh & Ors [1981] INSC 16 (15 January 1981)

Judgement Date : 15 Jan 1981

Citation : 1981 Latest Caselaw 16 SC

Headnote :

The prosecution\'s case against the six defendants (Respondents) was that before the incident, there had been a confrontation between the two deceased individuals and the six accused regarding the trespassing of the accused\'s cattle on the deceased\'s land, which had damaged his cotton crop. On the...
K. Janardhan Pillai & ANR Vs. Union of India & Ors [1981] INSC 17 (23 January 1981)

Judgement Date : 23 Jan 1981

Citation : 1981 Latest Caselaw 17 SC

Headnote :

On March 20, 1976, the Kerala State Government issued an order declaring raw cashewnut as an essential article under section 2(a) of the Kerala Essential Articles Control (Temporary Powers) Act, 1961. Subsequently, the Kerala Raw Cashewnuts (Procurement and Distribution) Order 1977 was enacted under...
State of Karnataka Vs. Hemareddy Alias Vemareddy & ANR [1981] INSC 18 (27 January 1981)

Judgement Date : 27 Jan 1981

Citation : 1981 Latest Caselaw 18 SC

Headnote :

Section 195(1)(b)(i) of the Code of Criminal Procedure 1973 states that no court shall take cognizance of any offense punishable under the sections listed therein (including S. 193 I.P.C.) if the offense is alleged to have occurred in relation to any court proceeding, unless a written complaint is m...
State of Punjab & Ors Vs. Raja Ram & Ors [1981] INSC 19 (29 January 1981)

Judgement Date : 29 Jan 1981

Citation : 1981 Latest Caselaw 19 SC

Headnote :

The Court dismissed the State\'s appeal regarding the certificate, stating:HELD: (1) The land acquisition for the Food Corporation of India does not comply with legal requirements because the provisions of Chapter VII of the Land Acquisition Act were not followed.[717 A-B] (2) The Food Corporation o...
State of Maharashtra Vs. Kapur Chand Kesarimal Jain [1981] INSC 20 (30 January 1981)

Judgement Date : 30 Jan 1981

Citation : 1981 Latest Caselaw 20 SC

Headnote :

The respondent was found guilty of violating section 135 of the Customs Act and the Defence of India Rules by smuggling contraband gold into the country, resulting in various sentences. When his appeal reached this Court, it was sent back to the High Court for a new ruling.Upon remand, the High Cour...
Rainbow Steels Ltd. & ANR Vs. Commissioner of Sales Tax, Uttar Pradesh & ANR [1981] INSC 21 (30 January 1981)

Judgement Date : 30 Jan 1981

Citation : 1981 Latest Caselaw 21 SC

Headnote :

Exercising the authority granted under section 3A of the U.P. Sales Tax Act, 1948, the State Government issued a notification on May 30, 1975, stating that the turnover from the sale of \"old, discarded, unserviceable or obsolete machinery, stores, or vehicles, etc.\" would be subject to a sales tax...
Kirit Kumar Chaman Lal Kundaliya Vs. State of Gujarat & Ors [1981] INSC 22 (30 January 1981)

Judgement Date : 30 Jan 1981

Citation : 1981 Latest Caselaw 22 SC

Headnote :

The petitioner submitted a Special Leave Petition challenging the order related to the Foreign Exchange and Prevention of Smuggling Activities Act, contesting his detention on the basis that he was not provided with the materials that were used to justify the detention. He argued that two documents...
Managing Director, Chalthan Vibhag Sahakarikhand Udyog, Cha Vs. Government Labour Officer & Ors [1981] INSC 23 (4 February 1981)

Judgement Date : 04 Feb 1981

Citation : 1981 Latest Caselaw 23 SC

Headnote :

The appellant, which operates a sugar factory, classified the retaining allowance paid to workers during the off-season as part of their wages under the Employees\' Provident Fund Act, 1972, but excluded it from consideration under the Payment of Bonus Act, 1965. Following a reference of an industri...
Chhanganlal Mansukhlal & ANR Vs. K. K. Bhatt & ANR [1981] INSC 24 (5 February 1981)

Judgement Date : 05 Feb 1981

Citation : 1981 Latest Caselaw 24 SC

Headnote :

The parties agree that the provisions of Rule 49 do not apply, and no fees are required at the stage of entering a market area if the agricultural produce in question is covered by sub-rule (2) of Rule 48. This applies when the produce meets either of the following conditions: (i) It is brought into...
State of Tamil Nadu Vs. Hind Stone [1981] INSC 25 (5 February 1981)

Judgement Date : 05 Feb 1981

Citation : 1981 Latest Caselaw 25 SC

Headnote :

The Mines and Minerals (Regulation & Development) Act of 1957 was established for the public good, allowing the Union to oversee the regulation of mines and the development of minerals. Under this Act, the Central Government issued a notification designating black granite as a minor mineral.Utilizin...
Kshitish Chandra Bose Vs. Commissioner of Ranchi [1981] INSC 26 (6 February 1981)

Judgement Date : 06 Feb 1981

Citation : 1981 Latest Caselaw 26 SC

Headnote :

The Court allowed the appeal and addressed the respondent municipality regarding both the title and adverse possession issues.HELD: 1. The High Court\'s remand order is an interlocutory judgment that does not conclude the proceedings, allowing the appellant to challenge even the initial judgment of...
Union of India & Ors Vs. M. B. Patnaik & Ors [1981] INSC 27 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 27 SC

Headnote :

The Court, while allowing the appeals through special leave, stated:(1) If a previous order of reversion was annulled on a technicality, a subsequent inquiry on the merits may be conducted, and the disciplinary authority is permitted to proceed with the proceedings in accordance with the law. The re...
Bhagwan Dass Jain Vs. Union of India [1981] INSC 28 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 28 SC

Headnote :

Sections 22 to 27 of the Income-tax Act, 1961 address the assessment and calculation of tax on income derived from house property. According to Section 23(2)(i), if the property is a house occupied by the owner as their residence, the annual value of that house is to be calculated as if it were rent...
Lalappa Lingappa & Ors Vs. Laxmi Vishnu Textile Mills Ltd., Sholapur [1981] INSC 29 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 29 SC

Headnote :

Gratuity is due to an employee upon the termination of their employment after they have provided continuous service as outlined in section 4(1) of the Payment of Gratuity Act 1972. The term \"continuous service\" is defined in section 2(c) as uninterrupted service, which includes interruptions cause...
Akhilesh Prasad Vs. Union Territory of Mizoram [1981] INSC 30 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 30 SC

Headnote :

The Court has granted the appeal and stated the following:1. The Central Reserve Police Force is clearly included in the term \"Armed Forces of the Union\" as defined in subsection (2) of section 197 of the Code of Criminal Procedure. [794 F] 2. This term should be interpreted in its common sense,...
Dr. C. Girijambal Vs. Govt. of Andhra Pradesh [1981] INSC 31 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 31 SC

Headnote :

The appellant was appointed as a Medical Officer at the Local Fund Ayurvedic Dispensary under the Zilla Parishad, holding a Diploma in Ayurvedic Medicine (D.A.M.). Her salary was set within the range of Rs. 125-220.Her request to have her salary adjusted to a higher pay scale was denied by the State...
Dudh Nath Pandey Vs. The State of U.P [1981] INSC 32 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 32 SC

Headnote :

The prosecution claimed that the appellant, a car driver residing as a tenant in the out-house of the deceased\'s family\'s bungalow, developed an infatuation for the deceased\'s sister. His advances caused discontent within the family, prompting the deceased to take action to stop the appellant fro...
Radhakanta Deb & ANR Vs. Commissioner of Hindu Religious Endowments, Orissa [1981] INSC 33 (13 February 1981)

Judgement Date : 13 Feb 1981

Citation : 1981 Latest Caselaw 33 SC

Headnote :

The Court granted the appeal by certificate.It was DECIDED: The criteria that offer adequate guidance to ascertain whether an endowment is private or public, based on the specifics of each case, include: (1) If the origin of the endowment is unclear, the determining factor is whether the public uses...
Om Prakash Sud Vs. State of J & K & Ors [1981] INSC 34 (16 February 1981)

Judgement Date : 16 Feb 1981

Citation : 1981 Latest Caselaw 34 SC

Headnote :

The petitioners in their writ petitions to this Court claimed that they operated small-scale industries for the production of resin and turpentine oil. They stated that they requested the Government for an allocation of resin for their industries, but the Government, citing its policy decision from...
Rameshchandra Kachardas Porwal & Ors Vs. State of Maharashtra & Ors [1981] INSC 35 (17 February 1981)

Judgement Date : 17 Feb 1981

Citation : 1981 Latest Caselaw 35 SC

Headnote :

The Constitution of India of 1950, Article 91(1)(g), along with the Maharashtra Agricultural Produce Marketing (Regulation) Act of 1963, Sections 5 and 6, and the Maharashtra Agricultural Produce Marketing (Regulation) Rules of 1963, Rule 5, as well as the Karnataka Agricultural Produce Marketing (R...
Union of India & Ors Vs. R. C. Jain & Ors [1981] INSC 36 (17 February 1981)

Judgement Date : 17 Feb 1981

Citation : 1981 Latest Caselaw 36 SC

Headnote :

Section 32(iv) of the Payment of Bonus Act states that the Act does not apply to employees working for establishments involved in any industry operated by or under the authority of any Central Government, State Government, or local authority.The Delhi Development Authority, established under the [De...
State of Assam Vs. Jitendra Kumar Senapati & Ors [1981] INSC 37 (17 February 1981)

Judgement Date : 17 Feb 1981

Citation : 1981 Latest Caselaw 37 SC

Headnote :

The Court accepted the State\'s appeal, rejected the claim for interest, and dismissed the original writ petition. It was HELD that the phrase \"would not make any further claim in regard to compensation\" in the agreement dated February 24, 1969, was clearly intended by the petitioners-respondents...
Chief Secretary To Government of Andhra Pradesh & ANR Vs. V.J. Cornelius [1981] INSC 38 (18 February 1981)

Judgement Date : 18 Feb 1981

Citation : 1981 Latest Caselaw 38 SC

Headnote :

To put into action the suggestions of a single-member Pay Commission, the State Government enacted the Andhra Pradesh Revised Scales of Pay Rules 1969, which facilitated the adjustment of salaries and the establishment of selection grade positions. The selection grade salary was determined by adding...
Mst. Zohara Khatoon Vs. Mohd. Ibrahim [1981] INSC 39 (18 February 1981)

Judgement Date : 18 Feb 1981

Citation : 1981 Latest Caselaw 39 SC

Headnote :

The appellant was the legally wedded wife of the respondent. Due to his willful neglect, she submitted a maintenance application to the Magistrate under Section 125 of the Code of Criminal Procedure 1973. The Magistrate upheld the appellant\'s claim of neglect by the respondent without just cause an...
Man Mohan Tuli Vs. Municipal Corporation of Delhi & Ors [1981] INSC 40 (18 February 1981)

Judgement Date : 18 Feb 1981

Citation : 1981 Latest Caselaw 40 SC

Headnote :

Man Mohan Tuli, the appellant in C.A. 2004/80, owns a parcel of land located on the Grand Trunk Road near the sixth milestone when traveling from Delhi to Ghaziabad.Tuli has built several structures on his property to serve as warehouses, which he rents out to various transport companies that bring...
Express Newspapers Ltd. Vs. The State of Madras [1981] INSC 41 (19 February 1981)

Judgement Date : 19 Feb 1981

Citation : 1981 Latest Caselaw 41 SC

Headnote :

1. If the certificate issued by the Court under sub-clauses (a) and (c) of clause (1) of Article 133 of the Constitution, as it was at that time, failed to meet legal standards by not identifying the significant question of law that the High Court deemed necessary for resolution, and did not provide...
Commissioner of Income Tax, Bangalore Vs. B. C. Srinivasa Setty [1981] INSC 42 (19 February 1981)

Judgement Date : 19 Feb 1981

Citation : 1981 Latest Caselaw 42 SC

Headnote :

The assesses, a registered firm, was engaged in the manufacturing and sale of agarbattis. According to Clause (13) of the Instrument of Partnership dated July 28, 1954, which was later extended by another instrument on March 31, 1964, the goodwill of the firm had not been assigned a value, and it wa...
State of Punjab Vs. Charan Singh [1981] INSC 43 (20 February 1981)

Judgement Date : 20 Feb 1981

Citation : 1981 Latest Caselaw 43 SC

Headnote :

The Punjab Police Rules of 1934 outline the procedures for imposing penalties on police officers found guilty of misconduct or criminal offenses, and they provide comprehensive guidelines for conducting departmental inquiries. Specifically, Rule 16.38 details the steps the Superintendent of Police m...
Harcharan Singh Vs. Shiv Rani & Ors [1981] INSC 44 (20 February 1981)

Judgement Date : 20 Feb 1981

Citation : 1981 Latest Caselaw 44 SC

Headnote :

The appellant was established as a tenant of the premises in 1964, with an annual rent due by December 31 each year. However, the appellant failed to pay rent for 1965 and 1966, prompting the respondents to send a combined notice on November 9, 1966, via registered post, demanding payment of the ove...
Sri Sri Kalimata Thakurani & Sri Sri Raghunath Jew & Ors Vs. Union of India & Ors [1981] INSC 45 (20 February 1981)

Judgement Date : 20 Feb 1981

Citation : 1981 Latest Caselaw 45 SC

Headnote :

The West Bengal Land Reforms Act, 1955 allowed a tenant (land-holder) to have the land cultivated by a bargadar, with the understanding that the bargadar would share the harvest. The Act included provisions to enforce the tenant\'s right to receive this share. Section 17 allowed the tenant to end th...
State of Haryana Vs. Sher Singh & Ors [1981] INSC 46 (24 February 1981)

Judgement Date : 24 Feb 1981

Citation : 1981 Latest Caselaw 46 SC

Headnote :

The two individuals who died were the younger half-brothers of the first respondent. The day prior to their murder, the brothers had divided their family assets and begun living apart. P.W. 3, the wife of one of the deceased, reported in the F.I.R. to the police that on the day of the incident, when...
Ram Chander Vs. State of Haryana [1981] INSC 47 (25 February 1981)

Judgement Date : 25 Feb 1981

Citation : 1981 Latest Caselaw 47 SC

Headnote :

The appellant Ram Chander and Mange were tried by the Additional Sessions Judge in Jind for the murder of Dunni. Both were found guilty under section 302 in conjunction with section 34 of the Indian Penal Code and were sentenced to life imprisonment. Upon appeal, the High Court acquitted Mange but u...
Corporation of The City of Nagpur Civil Lines, Nagpur & ANR Vs. Ramchandra & Ors [1981] INSC 48 (26 February 1981)

Judgement Date : 26 Feb 1981

Citation : 1981 Latest Caselaw 48 SC

Headnote :

While constructing the Yeshwant Stadium, overseen by the respondents, two accidents occurred that led to the deaths of seven individuals and injuries to eight others. Following these incidents, the Municipal Commissioner issued a suspension order on September 23, 1974, which was subsequently confirm...
Arti Sapru Vs. State of Jammu And Kashmir & Ors [1981] INSC 49 (27 February 1981)

Judgement Date : 27 Feb 1981

Citation : 1981 Latest Caselaw 49 SC

Headnote :

The selection of candidates for admission to the M.B.B.S. program at the Medical College of the State of Jammu & Kashmir was conducted by a Selection Committee based on the following criteria: (a) merit in the qualifying examination (35 marks), (b) an objective test (35 marks), and (c) a viva voce t...
New India Sugar Works Vs. State of Uttar Pradesh & Ors [1981] INSC 50 (27 February 1981)

Judgement Date : 27 Feb 1981

Citation : 1981 Latest Caselaw 50 SC

Headnote :

The inquiries are (1) whether a directive imposing a levy on Khandsari can be applied retroactively to sugar produced before the order was issued, and (2) whether the Government should take into account that the price set for levy sugar must be adequate to cover the manufacturing expenses.
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