Caselaw | Supreme Court Judgements of september 1981

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State of Assam & Ors Vs. Banshidhar Shewbhagwan & Co. [1981] INSC 153 (1 September 1981)

Judgement Date : 01 Sep 1981

Citation : 1981 Latest Caselaw 153 SC

Defence of India Act, 1962

Headnote :

A portion of a vast tract of land that the Government acquired during World War II was developed into an aerodrome, while the remaining 300 acres, which were left unused, gradually became overgrown with dense jungle.Following the Government of India\'s decision to lease the unused land, the responde...

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State of Gujarat Vs. Sayed Mohd. Baquir El Edross [1981] INSC 154 (1 September 1981)

Judgement Date : 01 Sep 1981

Citation : 1981 Latest Caselaw 154 SC

Headnote :

The Court dismissed the appeal by special leave, stating:HELD: The abatement prevents the appeal from being considered on its merits. In this case, (a) upon the death of the sole respondent, the right to sue passed to his legal representatives; (b) since no application was filed within 90 days of th...

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Southern Pharmaceuticals & Chemicals Trichur & Ors Vs. State of Kerala & Ors [1981] INSC 155 (1 September 1981)

Judgement Date : 01 Sep 1981

Citation : 1981 Latest Caselaw 155 SC

Bihar and Orissa Excise Act, 1915
Constitution of India
Drugs and Cosmetics Act, 1940
Government of India Act, 1935

Headnote :

The appellants, who manufactured medicinal and toilet preparations containing alcohol, contested the constitutional validity of certain provisions in their writ petitions filed under Article 226 of the Constitution. They challenged sections 12A, 12B, 14(e) and (f), 56A, and 68A of the Kerala Abkari...

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Associated Cement Co. Ltd. Vs. Commercial Tax Officer, Kota & Ors [1981] INSC 156 (2 September 1981)

Judgement Date : 02 Sep 1981

Citation : 1981 Latest Caselaw 156 SC

Income Tax Act, 1961

Headnote :

The appellant-assessee, a company engaged in cement manufacturing, sold its products both within the State of Rajasthan and outside it. For the assessment year 1974-75, covering the period from August 1, 1973, to July 31, 1974, the assessee submitted sales tax returns under the Rajasthan Sales Tax A...

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Ahura Chemical Products Pvt. Ltd. Vs. Union of India [1981] INSC 157 (3 September 1981)

Judgement Date : 03 Sep 1981

Citation : 1981 Latest Caselaw 157 SC

Headnote :

The appellant company produced various process chemicals necessary for the textile industry, specifically emulsifiers and wetting agents, which are classified under tariff item 15AA of the first schedule to the Central Excise and Salt Act of 1944. The appellant acquired 164,500 kgs of organic surfac...

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Smt. Rukhamanbai Vs. Shivram & Ors [1981] INSC 158 (3 September 1981)

Judgement Date : 03 Sep 1981

Citation : 1981 Latest Caselaw 158 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Section 13. TPA, Transfer for benefit of unborn person.
Section 21. TPA, Contingent interest.

Headnote :

Under the deed of settlement (Ex. 2A) dated May 22, 1930, the appellant-landlady obtained a life interest in certain disputed agricultural lands, with the reversionary interest belonging to her children. During her lifetime, she was entitled to the income generated from the property, but she was pro...

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Math Sauna & Ors Vs. Kedar Nath @ Uma Shankar & Ors [1981] INSC 159 (4 September 1981)

Judgement Date : 04 Sep 1981

Citation : 1981 Latest Caselaw 159 SC

Headnote :

The plaintiffs in their lawsuit asserted that the properties in question were owned by the Math Sauna temple and that Mahant Sadashiva Yati, upon the death of his predecessor, was elected as the temple\'s Mahant. Consequently, as Sarbarakar, he claimed entitlement to all properties recorded under th...

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K.P. Varghese Vs. The Income Tax Officer, Ernakulam, & ANR [1981] INSC 160 (4 September 1981)

Judgement Date : 04 Sep 1981

Citation : 1981 Latest Caselaw 160 SC

Income Tax Act, 1961

Headnote :

The appellant taxpayer sold his house in Ernakulam on December 25, 1965, to his daughter-in-law and five of his children for the same price of Rs. 16,500 that he had paid for it in 1958. The assessment for the taxpayer for the year 1966-67, with the relevant accounting period being the calendar year...

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Raghbir Vs. State of Haryana [1981] INSC 161 (8 September 1981)

Judgement Date : 08 Sep 1981

Citation : 1981 Latest Caselaw 161 SC

Children Act, 1960
Criminal Procedure Code, 1973
CrPC Section 27. Jurisdiction in the case of juveniles
CrPC Section 399. Sessions Judge’s powers of revision
CrPC Section 5. Saving
Haryana Children Act, 1974
IPC Section 302. Punishment for murder
Reformatory Schools Act, 1897

Headnote :

The Court has granted the appeal.HELD: 1. The prosecution of a child for murder under the Haryana Children Act, 1974 is permissible. The appellant qualifies as a child as defined in clause (d) of section 2 of the Act. [689 A, C]2. An examination of section 22 of the Central Children Act, 1960 (Act L...

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State of Maharashtra & ANR Vs. Chandrakant Anant Kulkarni & Ors [1981] INSC 162 (8 September 1981)

Judgement Date : 08 Sep 1981

Citation : 1981 Latest Caselaw 162 SC

Bombay Sales Tax Act, 1959
States Reorganisation Act, 1956

Headnote :

Assistant Sales Tax Officers (ASTOs) who were involved with the affairs of the former States of Madhya Pradesh and Hyderabad were assigned to the new State of Bombay as of November 1, 1956, under section 115 of the States Reorganisation Act, 1956 (Act No. XXXVII). In their previous states, these AST...

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Sirajmohmedkhan Janmohamadkhan Vs. Hafizunnisa Yasinkhan & ANR [1981] INSC 163 (14 September 1981)

Judgement Date : 14 Sep 1981

Citation : 1981 Latest Caselaw 163 SC

Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
Hindu Marriage Act, 1955

Headnote :

The respondent in this case was the wife of the appellant. In her petition for maintenance under section 125(3) of the Criminal Procedure Code, 1973, the Metropolitan Magistrate supported her claim that the appellant was impotent and unable to engage in sexual relations with her. However, the Magist...

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Nand Lal Bajaj Vs. The State of Punjab & ANR [1981] INSC 164 (15 September 1981)

Judgement Date : 15 Sep 1981

Citation : 1981 Latest Caselaw 164 SC

Headnote :

Inderjit, also known as Billa, was detained following an order issued on June 1, 1981, by the District Magistrate under subsection (2) of section 3 of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (PBMSECA). The detainee filed a representation conte...

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Ludhichem Agencies Vs. Ahmed R.V. Peer Mohamed & ANR [1981] INSC 165 (15 September 1981)

Judgement Date : 15 Sep 1981

Citation : 1981 Latest Caselaw 165 SC

Headnote :

Respondent No. 1, the landlord, terminated the tenancy of respondent No. 2 by serving a notice dated July 28, 1962, and subsequently filed an ejectment suit. A decree for ejectment was granted in 1966, and the appeal by respondent No. 2 was dismissed in 1972.The landlord proceeded to execute the dec...

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Swastik Rubber Products Ltd. Vs. Municipal Corporation of The City of Poona & ANR [1981] INSC 166 (16 September 1981)

Judgement Date : 16 Sep 1981

Citation : 1981 Latest Caselaw 166 SC

Bombay Provincial Municipal Corporations Act, 1949
Bombay Provincial Municipal Corporations Act, 1949

Headnote :

The Bombay Provincial Municipal Corporations Act of 1949 was implemented in Poona on February 15, 1950. Section 127(2) of the Act empowered the Corporation to levy octroi and other taxes, while section 149 outlined the procedures for tax imposition.In 1957, to promote industrial growth and attract i...

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State of Gujarat Vs. Adam Kasam Bhaya [1981] INSC 167 (18 September 1981)

Judgement Date : 18 Sep 1981

Citation : 1981 Latest Caselaw 167 SC

Constitution of India

Headnote :

The Court has permitted the State to appeal.The Court HELD: 1. Section 10 of COFEPOSA clearly states in both its first and second parts that the duration of detention is to be one year or two years, depending on the circumstances, starting from the date of actual detention, not from the date of the...

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S. Gopa Kumar Vs. State of Kerala & Kerala Public Service Commission [1981] INSC 168 (21 September 1981)

Judgement Date : 21 Sep 1981

Citation : 1981 Latest Caselaw 168 SC

Headnote :

To select candidates for the junior engineer positions in the Public Works Department, the State Public Service Commission established a written examination. Candidates with qualifications in Civil Engineering were allowed to answer questions in category I, while those with qualifications in Mechani...

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State of M.P. & ANR Vs. Kumari Nivedita Jain & Ors [1981] INSC 169 (22 September 1981)

Judgement Date : 22 Sep 1981

Citation : 1981 Latest Caselaw 169 SC

Indian Medical Council Act, 1956

Arti Sapru Vs. State of Jammu And Kashmir & Ors [1981] INSC 49 (27 February 1981)

Headnote :

The State Government of Madhya Pradesh exercised its executive authority to establish the Rules for admission into Medical, Dental, and Ayurvedic Colleges in Madhya Pradesh through an order dated April 2, 1980. According to Rule 7, the State Government has allocated 15% of seats for candidates from...

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Madhya Pradesh Ration Vikreta Sanghsociety & Ors Vs. State of Madhya Pradesh & ANR [1981] INSC 170 (22 September 1981)

Judgement Date : 22 Sep 1981

Citation : 1981 Latest Caselaw 170 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The Madhya Pradesh Foodstuffs (Distribution) Control Order of 1960 was enacted by the State Government under the authority granted by section 3 in conjunction with section 5 of the Essential Commodities Act of 1955. This order aimed to facilitate the distribution of foodstuffs at reasonable prices t...

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Vazir Sultan Tobacco Co. Ltd. Vs. Commlssioner of Income-Tax Andhra Pradesh, Hyderabad [1981] INSC 171 (25 September 1981)

Judgement Date : 25 Sep 1981

Citation : 1981 Latest Caselaw 171 SC

Companies (Profits) Surtax Act, 1964
Income Tax Act, 1961
Payment of Bonus Act, 1965
Super Profits Tax Act, 1963

Headnote :

The Super (Profits Tax) Act of 1963 and the Company\'s (Profits) Sur-tax Act of 1964, which have nearly identical schemes and main provisions, impose a special tax on the excess profits earned by companies. This special tax applies to the portion of a company\'s \"chargeable profits\" from the previ...

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Dr. Rahamatullah Vs. State of Blhar & ANR [1981] INSC 172 (28 September 1981)

Judgement Date : 28 Sep 1981

Citation : 1981 Latest Caselaw 172 SC

Constitution of India

Headnote :

The petitioner was held under section 3(2) of the National Security Act of 1980. The District Magistrate issued the detention order on April 30, 1981, and the petitioner received the grounds for detention on May 1, 1981. The State Government approved the detention order on May 7, 1981, and referred...

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Motor Owners Insurance Co. Ltd. Vs. Jadavji Keshavji Modi & Ors [1981] INSC 173 (29 September 1981)

Judgement Date : 29 Sep 1981

Citation : 1981 Latest Caselaw 173 SC

Motor Vehicles Act, 1939

Headnote :

Section 95 of the Motor Vehicles Act, 1939 outlines the requirements for an insurance policy and the associated liability limits. According to subsection (1) of section 95, an insurance policy must cover the individual or groups specified within it, as detailed in subsection (2), against any liabili...

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Guru Nanak Foundation Vs. Rattan Singh & Sons [1981] INSC 174 (29 September 1981)

Judgement Date : 29 Sep 1981

Citation : 1981 Latest Caselaw 174 SC

Code of Civil Procedure, 1908 (CPC)

Kumbha Mawji Vs. Union of India [1953] INSC 34 (16 April 1953)

Headnote :

Disputes arose between the parties involved in a building contract dated April 4, 1972, leading to an application for the appointment of an arbitrator under clause 47 of the Arbitration Agreement, registered as Suit No. 400(A) of 1974, which was submitted to the Delhi High Court. On August 14, 1974,...

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