Caselaw | Supreme Court Judgements of september 1983

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S. K. Verma Vs. Mahesh Chandra & ANR [1983] INSC 111 (2 September 1983)

Judgement Date : 02 Sep 1983

Citation : 1983 Latest Caselaw 111 SC

Air Force Act, 1950
Army Act, 1950
Industrial Disputes Act, 1947

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

Headnote :

In reference to the dismissal of the appellant, who served as a Development Officer at the Life Insurance Corporation, the Industrial Tribunal accepted a preliminary objection regarding the maintainability of the reference. It determined that Development Officers within the Corporation did not quali...

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Commissioner of Income Tax, Bombay & Ors Vs. Mahindra and Mahindra Limited & Ors [1983] INSC 112 (2 September 1983)

Judgement Date : 02 Sep 1983

Citation : 1983 Latest Caselaw 112 SC

Income Tax Act, 1961

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

Headnote :

Section 72A of the Income Tax Act, 1961 allows an Amalgamated Company to carry forward and offset accumulated losses and unabsorbed depreciation allowances in specific amalgamation scenarios, provided three conditions are met: (a) the amalgamating company was financially non-viable immediately befor...

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Gopalakrishna Menon & ANR Vs. D. Raja Reddy & ANR [1983] INSC 113 (5 September 1983)

Judgement Date : 05 Sep 1983

Citation : 1983 Latest Caselaw 113 SC

CrPC Section 340. Procedure in cases mentioned in section 195
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 463. Forgery
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine

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

Headnote :

The appellants initiated a civil lawsuit against the respondents seeking the recovery of a specific sum of money and submitted several original documents along with the plaint. In response, the first respondent lodged a complaint against the appellants, accusing them of forging his signature on one...

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Krishnabai Anaji Ghule & Ors Vs. Nivrutti Ramchandra Raykar & ANR [1983] INSC 114 (5 September 1983)

Judgement Date : 05 Sep 1983

Citation : 1983 Latest Caselaw 114 SC

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

Headnote :

Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 states that every tenant of agricultural land is considered to have purchased the land they occupy from their landlord as of April 1, 1957 (referred to as Tiller\'s Day), free from any encumbrances. To safeguard small landlords from c...

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Geeta Enterprises & Ors Vs. State of U.P. & Ors [1983] INSC 115 (5 September 1983)

Judgement Date : 05 Sep 1983

Citation : 1983 Latest Caselaw 115 SC

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

Headnote :

The petitioners established a video parlor by setting up electronic machines with video screens, allowing individuals to enter the premises free of charge to watch shows primarily featuring sports and games. The shows, which lasted up to 30 seconds, were activated by an audience member inserting a 5...

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Sreenivasa General Traders & Ors Vs. State of Andhra Pradesh & Ors [1983] INSC 116 (6 September 1983)

Judgement Date : 06 Sep 1983

Citation : 1983 Latest Caselaw 116 SC

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

Headnote :

The Andhra Pradesh (Agricultural Produce and Livestock) Markets Act of 1966 was established to oversee the buying and selling of agricultural products, livestock, and livestock products (collectively known as agricultural produce). Its objectives include creating markets for these activities, removi...

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State of U.P. Vs. Hari Ram & Ors [1983] INSC 117 (7 September 1983)

Judgement Date : 07 Sep 1983

Citation : 1983 Latest Caselaw 117 SC

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

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

Headnote :

The defendants were found guilty and sentenced under Section 302 in conjunction with Section 34 of the Indian Penal Code for causing the death of Rajinder Kumar by attacking him with knives and spears. The First Information Report (F.I.R.) was filed within an hour of the incident, and the Investigat...

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

Judgement Date : 08 Sep 1983

Citation : 1983 Latest Caselaw 118 SC

Constitution of India

Headnote :

The first respondent in civil appeal No. 2005 of 1982 had a parcel of land measuring 2530 sq. metres with a building constructed on a small portion of it, in an urban agglomeration falling within category specified in Schedule I of the Urban Land (Ceiling and Regulation) Act, 1976. As the aforesaid...

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State of Haryana Vs. Jage Ram [1983] INSC 119 (12 September 1983)

Judgement Date : 12 Sep 1983

Citation : 1983 Latest Caselaw 119 SC

Punjab Liquor Licence Rules, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
State of Haryana & Ors Vs. Jage Ram & Ors [1980] INSC 91 (21 April 1980)

Headnote :

The individuals involved in this set of appeals had acquired licenses to sell liquor by submitting the highest bids at auctions for liquor vends. When they failed to make the required payments as per the auction terms, the State Government resold the liquor vends in some instances, either through re...

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Alijan Mian & ANR Vs. District Magistrate, Dhanbad [1983] INSC 120 (13 September 1983)

Judgement Date : 13 Sep 1983

Citation : 1983 Latest Caselaw 120 SC

Indian Penal Code, 1860 (IPC)
National Security Act, 1980

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

Headnote :

The National Security Act, 1980 (Act 65 of 1980) allows for detention orders to be issued under sub-section (2) of Section 3 of the Act. These orders can be based on the premise that \"the individual, currently incarcerated and likely to be granted bail, will engage in activities detrimental to publ...

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Fateh Singh & ANR Vs. Sewa Ram & Ors [1983] INSC 121 (13 September 1983)

Judgement Date : 13 Sep 1983

Citation : 1983 Latest Caselaw 121 SC

Delhi Land Reforms Act, 1954
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

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

Headnote :

A specific parcel of land was acquired under the Land Acquisition Act of 1894. This land included a section that had been mortgaged by its owners and subsequently leased by the mortgagee to a tenant, who then sublet it to the first respondent in both appeals. The Collector awarded compensation to th...

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District Magistrate, Nowgong & ANR Vs. Sarat Mudoi [1983] INSC 122 (14 September 1983)

Judgement Date : 14 Sep 1983

Citation : 1983 Latest Caselaw 122 SC

National Security Act, 1980

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

Headnote :

The respondent contested his detention order under the National Security Act, arguing that the detaining authority failed to identify the specific supplies and services it was referring to in the detention order, rendering it invalid. The High Court annulled the detention order.On appeal, it was arg...

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D.P. Maheshwari Vs. Delhi Admn. & Ors [1983] INSC 123 (14 September 1983)

Judgement Date : 14 Sep 1983

Citation : 1983 Latest Caselaw 123 SC

Constitution of India

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

Headnote :

In 1969, an industrial dispute regarding the termination of the appellant\'s services was referred to the Labour Court for adjudication under sections 10 (1) (c) and 12 (5) of the Industrial Disputes Act in 1970. The company\'s Management, where the appellant was employed, challenged the reference b...

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Suman Gupta & Ors Vs. State of J & K & Ors [1983] INSC 124 (19 September 1983)

Judgement Date : 19 Sep 1983

Citation : 1983 Latest Caselaw 124 SC

Constitution of India

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

Headnote :

In an effort to promote national integration, several states, including the respondent states, established an agreement to reserve a certain percentage of seats in medical colleges for candidates from other states on a reciprocal basis. During the 1982-83 academic year, the respondent states made no...

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Cotton Corporation of India Vs. United Industrial Bank [1983] INSC 125 (19 September 1983)

Judgement Date : 19 Sep 1983

Citation : 1983 Latest Caselaw 125 SC

Banking Regulation Act, 1949
Code of Civil Procedure, 1908 (CPC)
Specific Relief Act, 1963

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

Headnote :

A Branch Manager of the respondent-Bank co-accepted 16 usance bills totaling over Rs. 45 lakhs, which were related to cotton purchases made by a textile mill from the appellant-Corporation. When the usance bills became due, the Corporation requested payment from the Bank. In response, the Bank initi...

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Ram Kumar Misra Vs. State of Bihar & Ors [1983] INSC 126 (21 September 1983)

Judgement Date : 21 Sep 1983

Citation : 1983 Latest Caselaw 126 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

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

Headnote :

The petitioner raised concerns that the workers employed on the two ferries, one located in Bhagalpur and the other in Sultanganj, operated by respondent No. 5, were not receiving the minimum wages mandated by the relevant notifications from the State of Bihar under the Minimum Wages Act of 1948. In...

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State of U.P. Vs. Dr.G.K. Ghosh [1983] INSC 127 (21 September 1983)

Judgement Date : 21 Sep 1983

Citation : 1983 Latest Caselaw 127 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)

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

Headnote :

The respondent was an orthopedic surgeon at U.H.M. Hospital, where he headed the Orthopedic Department. He was provided with an official residence on the hospital grounds and was allowed to conduct consultations at his home according to the existing regulations. However, he was found guilty of solic...

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Gulam Abbas & Ors Vs. State of U.P. & Ors [1983] INSC 128 (23 September 1983)

Judgement Date : 23 Sep 1983

Citation : 1983 Latest Caselaw 128 SC

Constitution of India

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

Headnote :

In a writ petition concerning the performance of religious rights, practices, and observances by the Shia community on a specific plot of land in a neighborhood, the Court issued a permanent injunction preventing the Sunni community from interfering with the Shia community\'s exercise of these right...

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Deena @ Deena Dayal Vs. Union of India & Ors [1983] INSC 129 (23 September 1983)

Judgement Date : 23 Sep 1983

Citation : 1983 Latest Caselaw 129 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India
IPC Section 302. Punishment for murder

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

Headnote :

The petitioners, who had received death sentences for murder, were awaiting their execution. They argued that hanging by rope is a cruel and barbaric method of carrying out the sentence, and that Section 354(5) of the Criminal Procedure Code (Cr. P.C.) which prescribes this method violates Article 2...

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S. Sivaswami Vs. V. Malaikannan & Ors [1983] INSC 130 (27 September 1983)

Judgement Date : 27 Sep 1983

Citation : 1983 Latest Caselaw 130 SC

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

Headnote :

In the General Elections for the Tamil Nadu Assembly that took place in May 1980, the appellant ran for the llayangudi Assembly Constituency seat and was elected after receiving 34,437 votes. The first respondent, who garnered 34,381 votes and lost by a narrow margin of 56 votes, filed an election p...

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Shambu Nath Goyal Vs. Bank of Baroda & Ors [1983] INSC 131 (27 September 1983)

Judgement Date : 27 Sep 1983

Citation : 1983 Latest Caselaw 131 SC

Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Workmen of Motipur Sugar Factory (Private) Limited Vs. Motipur Sugar Factory [1965] INSC 87 (30 March 1965)

Headnote :

The appellant was employed as a clerk at a branch of the first respondent Bank. He received a notice from the Bank\'s Deputy General Manager regarding the decision to conduct a departmental inquiry against him, stating that Sen Gupta, an Agent from another branch, had been appointed as the Inquiry O...

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Kanpur University & Ors Vs. Samir Gupta & Ors [1983] INSC 132 (27 September 1983)

Judgement Date : 27 Sep 1983

Citation : 1983 Latest Caselaw 132 SC

U.P. State Universities Act, 1973

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

Headnote :

The appellant-University conducted the \"Combined Pre-Medical Test\" in 1982 for admissions to seven medical colleges in Uttar Pradesh. The examination format used was a \"Multiple Choice Objective type\" test, which consisted of a paper with 100 questions, each having four possible answers. Candida...

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Arun Kumar Bose Vs. Mohd. Furkan Ansari & Ors [1983] INSC 133 (28 September 1983)

Judgement Date : 28 Sep 1983

Citation : 1983 Latest Caselaw 133 SC

Conduct of Elections Rules, 1961
Representation of the People Act, 1951

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Shradha Devi Vs. Krishna Chandra Pant & Ors [1982] INSC 79 (26 October 1982)
Bhabhi Vs. Sheo Govind & Ors [1975] INSC 102 (21 April 1975)
Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Headnote :

The first respondent, who lost to the appellant by 24 votes in the Assembly Elections, filed an election petition in the High Court under section 81 of the Representation of the People Act, 1951, seeking to have the appellant\'s election annulled and to be declared the successful candidate. In parag...

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Kabidi Venku Sah Vs. Syed Abdul Hai & Ors [1983] INSC 134 (28 September 1983)

Judgement Date : 28 Sep 1983

Citation : 1983 Latest Caselaw 134 SC

Code of Civil Procedure, 1908 (CPC)

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

Headnote :

Based on a simple mortgage established in his favor in 1948, the appellant secured a decree on September 4, 1967, proceeded to sell the mortgaged property, purchased it himself on July 24, 1968, and had the sale confirmed by the court on August 28, 1968. Meanwhile, the first respondent, who held a p...

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Jagadamba Paper Industries (Pvt.) Ltd. Vs. Haryana State Electricity Board & Ors [1983] INSC 135 (29 September 1983)

Judgement Date : 29 Sep 1983

Citation : 1983 Latest Caselaw 135 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910

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

Headnote :

Since 1968, the Haryana State Electricity Board has required all consumers to provide a security deposit to ensure prompt payment of energy bills. For industrial consumers, this security was initially set at Rs. 30 per KW. However, starting from April 1, 1981, this amount was increased to Rs. 100 pe...

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Jai Bhagwan Vs. The Management of The Ambala Central Cooperative Banklimite [1983] INSC 136 (29 September 1983)

Judgement Date : 29 Sep 1983

Citation : 1983 Latest Caselaw 136 SC

Industrial Disputes Act, 1947

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

Headnote :

A complaint was filed by an account holder of the respondent bank, claiming that a significant amount of money was incorrectly debited from his account, despite him never having issued a cheque for that amount. The appellant, who worked as a clerk and cashier, was suspected of being involved in the...

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S.Kumar Vs. The Institute of Constitutional and Parliamentary Studiesan [1983] INSC 137 (29 September 1983)

Judgement Date : 29 Sep 1983

Citation : 1983 Latest Caselaw 137 SC

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

Headnote :

The appellant, who was convicted during an inquiry, received a notice to explain why he should not be dismissed from his position. Additionally, a second charge was brought against him. In response, the appellant initiated a lawsuit seeking a declaration and an injunction, successfully obtaining a t...

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Mansaram Vs. S. P. Pathak & Ors [1983] INSC 138 (29 September 1983)

Judgement Date : 29 Sep 1983

Citation : 1983 Latest Caselaw 138 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
State of Gujarat Vs. Patel Raghav Natha & Ors [1969] INSC 118 (21 April 1969)

Headnote :

The appellant, who leased the premises in question while employed by the Telephone Department, maintained possession of the property even after retiring in 1967. Respondent No. 1, claiming a need for housing, submitted a request to the House Allotment Officer for the allocation of the premises, argu...

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Vishwa Mitter Vs. O. P. Poddar & Ors [1983] INSC 139 (30 September 1983)

Judgement Date : 30 Sep 1983

Citation : 1983 Latest Caselaw 139 SC

CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 4. Trial of offences under the Indian Penal Code and other laws
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property
Trade and Merchandise Marks Act, 1958
Trade and Merchandise Marks Act, 1958

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

Headnote :

The appellant, acting as a dealer of beedies and as the authorized representative of the firm that produces a specific brand of beedies, lodged a complaint claiming that the respondents committed offenses under sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and section 420 of the In...

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