Caselaw | Supreme Court Judgements of april 1983

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The Municipal Corporation of The City of Ahmedabad Vs. Ben Hiraben Manilal [1983] INSC 34 (5 April 1983)

Judgement Date : 05 Apr 1983

Citation : 1983 Latest Caselaw 34 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

In response to the notice issued to her under section 260 (1) (a) of the Bombay Provincial Municipal Corporation Act, 1949, the respondent argued that the unauthorized construction of walls, which lacked municipal corporation approval, was already in place when she purchased the property. Subsequent...

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Binoy Kumar Chatterjee Vs. M/S Jugantar Ltd. & Ors [1983] INSC 35 (6 April 1983)

Judgement Date : 06 Apr 1983

Citation : 1983 Latest Caselaw 35 SC

Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner, who began working for the respondent Company as a Sub Editor, advanced to the role of Assistant Editor in 1976. Upon reaching the age of sixty, he received a retirement notice dated November 6, 1976, stating that his retirement would take effect from December 1, 1976. He accepted his...

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State of Punjab Vs. Devinder Kumar & Ors [1983] INSC 36 (7 April 1983)

Judgement Date : 07 Apr 1983

Citation : 1983 Latest Caselaw 36 SC

CrPC Section 239. When accused shall be discharged
CrPC Section 482. Saving of inherent power of High Court
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Upon a complaint from the Food Inspector, who had purchased a 1.5 kg sample of vanaspati after opening one sealed tin from a total of 20 tins weighing 16.5 kg each that the vendor had for sale, criminal proceedings were initiated against the vendor, the dealer, and the manufacturer for violating sec...

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Mithu Vs. State of Punjab [1983] INSC 37 (7 April 1983)

Judgement Date : 02 Apr 1983

Citation : 1983 Latest Caselaw 37 SC

Constitution of India
CrPC Section 397. Calling for records to exercise powers of revision
CrPC Section 401. High Court’s powers of revision
Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 303. Punishment for murder by life-convict

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Bachan Singh Vs. State of Punjab [1982] INSC 62 (16 August 1982)
Bachan Singh Vs. State of Punjab [1979] INSC 104 (4 May 1979)
Bachan Singh Vs. State of Punjab [1979] INSC 182 (14 September 1979)
Bachan Singh & Ors Vs. State of Punjab & Ors [1971] INSC 56 (18 February 1971)

Headnote :

Section 303 of the Indian Penal Code states that anyone who is sentenced to life imprisonment and then commits murder shall face the death penalty. The counsel for the appellants/petitioners argued that Section 303 is unconstitutional, claiming it is both unreasonable and arbitrary, and that it perm...

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Balram & Ors Vs. The Iiird Additional District. Judge & ANR [1983] INSC 38 (12 April 1983)

Judgement Date : 12 Apr 1983

Citation : 1983 Latest Caselaw 38 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963
U.P. Imposition Of Ceiling On Land Holdings Act, 1960

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

While the ceiling appeal was pending under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, the sole appellant passed away on January 9, 1980. On October 25, 1980, his three sons filed an application to set aside the abatement, seek condonation of delay, and substitute their names as the l...

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Dr. S.S. Khanna Vs. Chief Secretary, Patna & Ors [1983] INSC 39 (12 April 1983)

Judgement Date : 12 Apr 1983

Citation : 1983 Latest Caselaw 39 SC

Constitution of India
CrPC Section 202. Postponement of issue of process
CrPC Section 203. Dismissal of complaint
Indian Penal Code, 1860 (IPC)
IPC Section 504. Intentional insult with intent to provoke breach of the peace
IPC Section 506. Punishment for criminal intimidation

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The General Secretary of the Employees Association at the National Institute of Foundry and Forge Technology in Ranchi submitted a complaint to the Chief Judicial Magistrate, Ranchi, seeking action against Banktesh Prasad, the Institute\'s Security Officer, and the Director of the Institute, claimin...

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Titaghur Paper Mills Co. Ltd. Vs. State of Orissa [1983] INSC 40 (13 April 1983)

Judgement Date : 13 Apr 1983

Citation : 1983 Latest Caselaw 40 SC

Central Sales Tax (Orissa) Rules, 1957
Central Sales Tax Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
The State of Uttar Pradesh Vs. Mohammad Nooh [1957] INSC 80 (30 September 1957)

Headnote :

It seems that proceedings were initiated against the petitioners under rule 12(5) of the Central Sales Tax (Orissa) Rules 1957 and under subsection (4) of section 12 of the Orissa Sales Tax Act, 1947 for the assessment year 1980-81. This was in relation to the assessment of tax on sales made during...

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Hira Lal Vs. District Judge, Ghaziabad & Ors [1983] INSC 41 (13 April 1983)

Judgement Date : 13 Apr 1983

Citation : 1983 Latest Caselaw 41 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner, who belongs to the Scheduled Castes, achieved the 7th rank in the examination and interview conducted to fill six stenographer positions but was not appointed. The State Government had issued an order mandating that 18 percent of posts in subordinate services be reserved for Schedule...

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H.M.M. Limited Vs. Director of Entry Tax, West Bengal & Ors [1983] INSC 42 (15 April 1983)

Judgement Date : 15 Apr 1983

Citation : 1983 Latest Caselaw 42 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Under Section 34 of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1970, which established the framework for levying taxes on goods entering the Calcutta Metropolitan Area for consumption, use, or sale from outside that area, the Taxes on Entry of Goods into Calcutta Metropolitan A...

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Manohar Nath Kaul Vs. State of Jammu & Kashmir [1983] INSC 43 (19 April 1983)

Judgement Date : 19 Apr 1983

Citation : 1983 Latest Caselaw 43 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 465. Punishment for forgery

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Section 197(1) of the Code of Criminal Procedure states that if a public servant is accused of an offense allegedly committed while performing his official duties, no court may take cognizance of that offense without prior approval from the appropriate government.The appellant, who served as the Reg...

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Naib Singh Vs. State of Punjab & Ors [1983] INSC 44 (19 April 1983)

Judgement Date : 19 Apr 1983

Citation : 1983 Latest Caselaw 44 SC

Constitution of India
CrPC Section 117. Order to give security
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 53. Punishment
IPC Section 58. Offenders sentenced to transportation how dealt with until transported
Prisoners Act, 1900

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner was initially sentenced to death under Section 302 of the Indian Penal Code (I.P.C.), but following a mercy petition, his sentence was commuted to \'imprisonment for life\'. He has served a total of 11 years, 5 months, and 10 days of actual rigorous imprisonment, which, including remi...

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State of Bihar Vs. Radha Krishna Singh & Ors [1983] INSC 45 (20 April 1983)

Judgement Date : 20 Apr 1983

Citation : 1983 Latest Caselaw 45 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Maharaja Harindra Kishore Singh was a direct descendant of Debi Singh, who was the son of Bansidhar Singh.Maharaja Harindra Kishore Singh passed away without any heirs, leaving behind extensive properties in Uttar Pradesh and Bihar. The original plaintiff, Bhagwati Prasad Singh, is a direct descenda...

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Punjab Engineering College Vs. Sanjay Gulati & Ors [1983] INSC 46 (20 April 1983)

Judgement Date : 20 Apr 1983

Citation : 1983 Latest Caselaw 46 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Arti Sapru Vs. State of Jammu And Kashmir & Ors [1981] INSC 49 (27 February 1981)

Headnote :

In the academic year 1982-83, the Punjab Engineering College in Chandigarh admitted eight candidates through a method referred to as the spot test. This included seven children of college employees and one additional candidate. However, the Punjab High Court ruled that these admissions violated the...

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Devaki Nandan Prasad Vs. State of Bihar & Ors [1983] INSC 47 (22 April 1983)

Judgement Date : 22 Apr 1983

Citation : 1983 Latest Caselaw 47 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Deokinandan Prasad Vs. State of Bihar & Ors [1971] INSC 141 (4 May 1971)

Headnote :

In the case of Deokinandan Prasad v. State of Bihar, [1971] Supp. S.C.R. 634, decided on May 4, 1971, the Court determined that the petitioner was a member of the Bihar Education Service entitled to a pension under rule 5 of the Bihar Pension Rules. Consequently, the Court issued a writ of mandamus...

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Ranjan Dwivedi Vs. Union of India [1983] INSC 48 (26 April 1983)

Judgement Date : 26 Apr 1983

Citation : 1983 Latest Caselaw 48 SC

Constitution of India
CrPC Section 304. Legal aid to accused at State expense in certain cases

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
State of Haryana Vs. Darshana Devi & Ors [1979] INSC 34 (12 February 1979)

Headnote :

The petitioner, an Advocate currently on trial under Section 302 in conjunction with Section 120-B of the Indian Penal Code, argued that the prosecution against him was being represented by a team of lawyers hired by the State for substantial fees, while he lacked the financial resources to hire a c...

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Dr. Ramji Dwivedi Vs. State of U. P. & Ors [1983] INSC 49 (26 April 1983)

Judgement Date : 26 Apr 1983

Citation : 1983 Latest Caselaw 49 SC

Intermediate Education Act, 1921

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Committee of Management of a non-Government aided school, through a resolution dated April 19, 1981, appointed the appellant as the Principal of the college it oversees. This decision was communicated to the appellant on April 27, 1981, and he took charge on May 1, 1981. However, on April 7, 198...

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A.Janardhana Vs. Union of India & Ors [1983] INSC 50 (26 April 1983)

Judgement Date : 26 Apr 1983

Citation : 1983 Latest Caselaw 50 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant began his service in 1953 with the Military Engineering Service and was promoted to Assistant Executive Engineer in 1962. In the 1963 seniority list for AEE, he was ranked at serial number 357, and by 1967, his position improved to serial number 234. However, following the ruling in Ba...

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Azad Singh & Ors Vs. Barkat Ullah Khan & Ors [1983] INSC 51 (26 April 1983)

Judgement Date : 26 Apr 1983

Citation : 1983 Latest Caselaw 51 SC

Indian Evidence Act, 1872

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The plaintiffs, known as Thekedars, initiated two lawsuits seeking possession of land that had been leased by the Zamindars to the defendants, who were the lessees. They argued that, as hereditary tenants under section 12 of the U.P. Zamindari Abolition and Land Reforms Act of 1950, and having been...

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M.G.Brothers Lorry Service Vs. Prasad Textiles [1983] INSC 52 (28 April 1983)

Judgement Date : 28 Apr 1983

Citation : 1983 Latest Caselaw 52 SC

Carriers Act, 1865
Code of Civil Procedure, 1908 (CPC)
Section 23. What consideration and objects are lawful, and what not
Section 28. Agreements in restrain of legal proceedings, void

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

On May 1, 1969, the respondent entrusted a shipment of goods to the appellant under a Way Bill for transport from Guntur to Vijayawada. When the appellant failed to deliver the goods in Vijayawada, the respondent issued a notice of claim on June 20, 1969, and subsequently filed lawsuits to recover d...

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Malwa Bus Service (P) Ltd. Vs. State of Punjab & Ors [1983] INSC 53 (28 April 1983)

Judgement Date : 28 Apr 1983

Citation : 1983 Latest Caselaw 53 SC

Constitution of India
Motor Vehicles Act, 1939
Punjab Motor Vehicles Taxation Act, 1924
Punjab Passengers and Goods Taxation Act, 1952

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Through a notification issued under section 3A of the Punjab Motor Vehicles and Taxation (Amendment) Act, 1981, the State Government has imposed a fee of Rs. 500 per seat on every stage carriage operating for hire and transporting passengers, with a maximum limit of Rs. 35,000, regardless of the dai...

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Municipal Corporation of Delhi & Ors Vs. Mohd. Yasin [1983] INSC 54 (28 April 1983)

Judgement Date : 28 Apr 1983

Citation : 1983 Latest Caselaw 54 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

According to the rates established by the Municipal Corporation of Delhi in 1953, the slaughtering fees were set at 0.25 paise per animal for sheep, goats, and pigs, and 1 rupee per animal for buffaloes. However, a Notification issued on January 31, 1968, indicated that the Corporation intended to i...

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Patel Sureshbhai Jashbhai Vs. Patel Satabhai Mathurbhai [1983] INSC 55 (28 April 1983)

Judgement Date : 28 Apr 1983

Citation : 1983 Latest Caselaw 55 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

According to Section 32 of the Bombay Tenancy and Agricultural Lands Act of 1948, the respondent, who was recognized as a tenant on the tillers\' day (April 1, 1957), was considered to have purchased the land from the appellant-landlord, subject to the Act\'s other provisions. When the respondent re...

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Dr. Vijay Kumar Kathuria & ANR Vs. State of Haryana & Ors [1983] INSC 56 (29 April 1983)

Judgement Date : 29 Apr 1983

Citation : 1983 Latest Caselaw 56 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioners submitted two petitions for special leave to appeal and secured interim orders to maintain the status quo as of October 1, 1982, claiming they were still pursuing their studies as post-graduate students at Medical College, Rohtak. A dispute arose regarding whether their provisional a...

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