Caselaw | Supreme Court Judgements of february 1981

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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

Payment of Bonus Act, 1965

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...

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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...

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State of Tamil Nadu Vs. Hind Stone [1981] INSC 25 (5 February 1981)

Judgement Date : 05 Feb 1981

Citation : 1981 Latest Caselaw 25 SC

Motor Vehicles Act, 1939

Baijnath Kedia Vs. State of Bihar & Ors [1969] INSC 208 (28 August 1969)

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...

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Kshitish Chandra Bose Vs. Commissioner of Ranchi [1981] INSC 26 (6 February 1981)

Judgement Date : 06 Feb 1981

Citation : 1981 Latest Caselaw 26 SC

Code of Civil Procedure, 1908 (CPC)

Keshardeo Chamria Vs. Radha Kissen Chamria & Ors [1952] INSC 52 (30 October 1952)

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...

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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

Anand Narain Shukla Vs. State of Madhya Pradesh [1979] INSC 138 (2 August 1979)

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...

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Bhagwan Dass Jain Vs. Union of India [1981] INSC 28 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 28 SC

Constitution of India
Government of India Act, 1935

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...

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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

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Payment of Gratuity Act, 1972

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...

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Akhilesh Prasad Vs. Union Territory of Mizoram [1981] INSC 30 (11 February 1981)

Judgement Date : 11 Feb 1981

Citation : 1981 Latest Caselaw 30 SC

Central Reserve Police Force Act, 1949
Constitution of India
CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 407. Power of High Court to transfer cases and appeals
Indian Penal Code, 1860 (IPC)
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means

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,...

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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

Constitution of India

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...

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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

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

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...

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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

Deoki Nandan Vs. Murlidhar [1956] INSC 53 (4 October 1956)

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...

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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

Constitution of India

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...

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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

Constitution of India

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...

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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

Delhi Development Act, 1957
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
Payment of Bonus Act, 1965

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...

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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

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

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...

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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...

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Mst. Zohara Khatoon Vs. Mohd. Ibrahim [1981] INSC 39 (18 February 1981)

Judgement Date : 18 Feb 1981

Citation : 1981 Latest Caselaw 39 SC

Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
Dissolution of Muslim Marriages Act, 1939
Indian Majority Act, 1875
Majority Act, 1875
Parsi Marriage and Divorce Act, 1936

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...

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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

Delhi Municipal Corporation Act, 1957
Government of India Act, 1935

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...

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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

Constitution of India

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...

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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

Income Tax Act, 1961

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...

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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...

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Harcharan Singh Vs. Shiv Rani & Ors [1981] INSC 44 (20 February 1981)

Judgement Date : 20 Feb 1981

Citation : 1981 Latest Caselaw 44 SC

Bihar Land Reforms Act, 1950
General Clauses Act, 1897
Gwalior
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Gurucharan Singh Vs. Kamla Singh & Ors [1975] INSC 205 (9 September 1975)

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...

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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

Constitution of India
West Bengal Land Reforms Act, 1955

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...

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State of Haryana Vs. Sher Singh & Ors [1981] INSC 46 (24 February 1981)

Judgement Date : 24 Feb 1981

Citation : 1981 Latest Caselaw 46 SC

IPC Section 154. Owner or occupier of land on which an unlawful assembly is held
IPC Section 34. Acts done by several persons in furtherance of common intention

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...

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Ram Chander Vs. State of Haryana [1981] INSC 47 (25 February 1981)

Judgement Date : 25 Feb 1981

Citation : 1981 Latest Caselaw 47 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

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...

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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

City of Nagpur Corporation Act, 1948
Constitution of India

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...

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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

Indian Medical Council Act, 1956

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...

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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

Constitution of India

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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