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 contended that the impugned construction of walls without the sanction of the municipal corporation was in existence when she had purchased the premises. She then...

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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 joined the respondent Company as Sub Editor rose to the position of Assistant Editor in 1976. On completing the age of sixty years he was served with a notice of retirement dated November 6, 1976 informing him that he stood retired with effect from December 1, 1976. He was paid an...

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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 :

On a complaint by the Food Inspector, who had purchased 1.5 k.g. of vanaspati as sample after opening one sealed tin of 16.5 k.g. out of 20 such tins kept by the vendor for sale, criminal proceedings were instituted against the vendor, the dealer and the manufacturer of vanaspati for violation of...

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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, I.P.C. provides that whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death Counsel for appeallants/petitioners contended that s. 303, I.P.C. is unconstitutional not only for the reason that it is unreasonable and arbitrary but also because...

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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 :

During the pendency of the ceiling appeal under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, the sole appellant died on January 9, 1980, On October 25, 1980, his three sons applied for setting aside of abatement and condonation of delay and for substitution of their names as legal repr...

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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 of the National Institute of Foundry and Forge Technology, Ranchi filed a complaint before the Chief Judicial Magistrate, Ranchi to take action against Banktesh Prasad. the Security Officer of the Institute and the Appellant, the Director of the...

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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 appears that proceedings under r. 12(5) of the Central Sales Tax (Orissa) Rules 1957 and under sub-s. (4) of s. 12 of the Orissa Sales Tax Act, 1947 were initiated against the petitioners for the assessment year 1980-81 in relation to assessment of tax on sales in the course of inter-state trade...

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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, a member of the Scheduled Castes, secured the 7th position in the test and interview held for filling up six vacancies in the post of stenographer and was not selected for appointment. The State Government had, by an order, directed that 18 per cent of the posts in the subordinate se...

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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 s. 34 of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1970 which provided for levy Calcutta Metropolitan Area for consumption, use or sale therein from any place outside that Area, Taxes on Entry of Goods into Calcutta Metropolitan Area Rules, 1970 were framed. The Act o...

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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 provides that when a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duties no court shall take cognizance of such offence without the previous sanction...

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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 had been originally sentenced to death under s. 302, I.P.C. but on a mercy petition preferred by him, the sentence had been commuted to 'imprisonment for life'. He had undergone actual rigorous imprisonment of 11 years, 5 months and 10 days but, inclusive of remissions, the to...

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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 the direct descendant of Debi Singh who was the son of Bansidhar Singh. Maharaja Harindra Kishore Singh died issueless leaving behind vast properties in the states of Uttar Pradesh and Bihar. The original plaintiff, Bhagwati Prasad Singh was the 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 :

Admissions to the Punjab Engineering College, Chandigarh for the academic year 1982-83 granted to eight candidates by what is described as the spot test method, to seven wards of the employees of the Punjab Engineering College and another were struck down by the Punjab High Court as in violation of...

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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 Deokinandan Prasad v. State of Bihar & Ors., [1971] Supp. S.C.R. 634 decided on May 4,1971 the Court had, after coming to the conclusion that the petitioner herein was a member of the Bihar Education Service entitled to pension under r. 5 of the Bihar Pension Rules, 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 facing trial under s. 302 read with s. 120-B, I.P.C. submitted that the prosecution case against him was being conducted by a galaxy of lawyers specially engaged by the State on large sums of fee but he did not have the means to engage a competent lawyer for his defence,...

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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, by its resolution dated April 19,1981 appointed the appellant as Principal of the college run by it. The order was communicated to the appellant on April 27 198} and he assumed charge on May 1, 1981. In the meanwhile on April 7, 1981 the...

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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 :

Appellant joined service as suspension in the year 1953 in what is styled as Military Engineering Service. He came to be promoted as Assistant Executive Engineer in 1962. In the seniority list of AEE drawn up in the year 1963 he was shown at serial no. 357. In the seniority list of 1967 the appellan...

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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, who were Thekedars, filed two suits for possession of land Leased out by the Zamindars to the defendants-lessees on the ground that since the Thekedars had become hereditary tenants under s. 12 of the U.P. Zamindari Abolition and Land Reforms Act, 1 950 and were in possession of that...

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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 :

The respondent entrusted a consignment of goods to the appellant on May 1, 1969 under a Way Bill for being transported from Guntur to Vijawada. As the appellant failed to deliver the goods at Vijayawada, the respondent gave a notice of claim on June 20,1969 and thereafter instituted suits for recove...

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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 :

By a notification issued under section 3A of the Punjab Motor Vehicles and Taxation (Amendment) Act, 1981 the State Government Imposed on every stage carriage plying for hire and use for the transport of passengers a sum of Rs. 500 per seat subject to a maximum of Rs. 35,000 irrespective of the dist...

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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 :

As per the rates fixed in the year 1953 by the Municipal Corporation of Delhi, the slaughtering fees were 0.25 paise for each animal, in the case of sheep, goats and pigs and rupees one for each animal in the case of buffaloes. By a Notification dated 31.1.1968, the Corporation purported to enhance...

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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 :

By the operation of s. 32 of the Bombay Tenancy and Agricultural Lands Act 1948 the respondent who was recorded as a tenant on the tillers' day i e. 1st April, 1957 was deemed to have purchased the land from the appellant- landlord subject to other provisions of the Act. The respondent having 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, filed two petitions for special leave to appeal and also obtained interim orders of status quo ante as on 1.10.82 averring that they were continuing their studies as post-graduate students of Medical College, Rohtak. Since a dispute was raised whether the provisional admissions gran...

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