Supreme Court (SC) Judgements on General Clauses Act, 1897

The Orissa Public Service Commission through an advertisement dated 8.10.64 Invited applications for admission of candidates to a competitive examination for selection to the posts of Orissa Forest Service Class II Service. The 18 selected candidates were sent for training at the Indian Forest Co.

C.I.T. Vs. Dhadi Sahu [1992] INSC 233 (18 November 1992)

Judgement Date : november/1992, Citation : 1992 Latest Caselaw 233 SC

The Judgment of the Court was delivered by YOGESHWAR DAYAL, J.- These are two appeals in view of the special leave granted by this Court by order dated August 4, 1977 against the judgment and order dated December 5, 1975 of the Orissa High Court in C.J.C. Nos. 176 and 177 of 1974 rendered in its adv.

State of Madhya Pradesh Vs. Ajay Singh & Ors [1992] INSC 221 (2 November 1992)

Judgement Date : november/1992, Citation : 1992 Latest Caselaw 221 SC

General Clauses Act, 1897: Section 21-Power to add to amend or vary or rescind any notification-Whether could be invoked to reconstitute the Commission of Inquiry by replacement of substitution of the existing members, though not provided in the scheme of the Act. Pursuant to the direction giv.

Panduronga Timblo Industries Vs. Union of India & Ors [1992] INSC 87 (13 March 1992)

Judgement Date : march/1992, Citation : 1992 Latest Caselaw 87 SC

The constitutional validity of the tax levied on barges, used or kept for use in the Union Territory of Goa, Daman and Diu, under Section 3 of the Goa, Daman and Diu Barges Tax Act, 1973 was challenged by the appellants, contending that the word 'boat' could not include a mechanically propel.

Dagi Ram Pindi Lal & ANR Vs. Trilok Chand Jain & Ors [1992] INSC 37 (4 February 1992)

Judgement Date : february/1992, Citation : 1992 Latest Caselaw 37 SC

The Plaintiff-respondent instituted a suit for recovery of Rs.1,39,722.86 against the defendants-appellants. When evidence was being recorded in the suit proceedings, the plaintiff obtained summons from the court requiring the Income Tax Department to produce in the court records relating to the.

B.N. Shankarappa Vs. Uthanur Srinivas & Ors [1992] INSC 15 (21 January 1992)

Judgement Date : january/1992, Citation : 1992 Latest Caselaw 15 SC

On 16.1.1986, the Deputy Commissioner issued a notification constituting a Mandal under section 4 (1) of the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 and located the headquarter of the Mandal at Mudiyannur. Later on exercising powers under.

Gurcharan Singh Baldev Singh Vs. Yashwant Singh & Ors [1991] INSC 296 (15 November 1991)

Judgement Date : november/1991, Citation : 1991 Latest Caselaw 296 SC

Vinod Gurudas Raikar Vs. National Insurance Co. Ltd. & Ors [1991] INSC 224 (6 September 1991)

Judgement Date : september/1991, Citation : 1991 Latest Caselaw 224 SC

The appellant was injured in a road accident on 22.1.1989, and a claim petition was filed belatedly on 15.3.1990 with a prayer for condonation of delay, before the Claims Tribunal. Meanwhile, the Motor Vehicles Act, 1939 was repealed and the Motor Vehicles Act, 1988 came into force with effect fr.

H.C. Suman & ANR Vs. Rehabilitation Ministry Employees Cooperative House Building [1991] INSC 218 (29 August 1991)

Judgement Date : august/1991, Citation : 1991 Latest Caselaw 218 SC

Respondent No. 1 is a Cooperative House Building Society registered under the Delhi Cooperative Societies Act, 1972. It was formed in October 1959, with a view to procure land, which the Central Government proposed to allot for the resettlement of displaced persons. The members of the Socie- ty f.

Amir Shad Khan Aziz Ahmedkhan @ Azizmohd. Khan Vs. L. Hmingliana & Ors [1991] INSC 186 (9 August 1991)

Judgement Date : august/1991, Citation : 1991 Latest Caselaw 186 SC

Maharashtra State Financial Corporation Vs. Jaycee Drugs And Pharmaceuticals Pvt. Ltd. & Ors [1991] INSC 53 (19 February 1991)

Judgement Date : february/1991, Citation : 1991 Latest Caselaw 53 SC

Respondent No. 1 a Private Limited Company, was sanctioned a loan of Rs.30 lakh by the Appellant-Corporation for the setting up of a factory. To secure this loan a mortgage deed of certain properties was executed by the Company and Respondents 2 to 4 as its directors had executed a personal Surety B.

Poonjabhai Varmalidas Vs. Commissioner of Income Tax, Ahmadabad [1990] INSC 308 (9 October 1990)

Judgement Date : october/1990, Citation : 1990 Latest Caselaw 308 SC

Section 10(2)(xi) of the Income Tax Act, 1922 provided for deduction of bad and doubtful debts. The proviso thereto laid down that if the amount ultimately recovered on any such debt was greater than the difference between the whole debt and the amount allowed the excess shall be deemed to be a prof.

Vasantkumar Radhakisan Vora Vs. Board of Trustees of The Port of Bombay [1990] INSC 246 (21 August 1990)

Judgement Date : august/1990, Citation : 1990 Latest Caselaw 246 SC

The respondent a statutory body corporate constituted under the Bombay Port Trust Act, 1879--a 'State Act' who had appointed an Assistant Estate Manager as their power of attorney holder to lease out its property from time to time, terminate the leases and to lay action for ejectment, etc.;.

Scientific Adviser to The Ministry of Defence& Ors Vs. S. Daniel & Ors [1990] INSC 133 (10 April 1990)

Judgement Date : april/1990, Citation : 1990 Latest Caselaw 133 SC

The respondents were holding class III civil posts in the Research Laboratories attached to the Ministry of De- fence. Under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, their 'appointing authori- ty' was the Scientific Adviser. But the appointing authori- ty.

Special Military Estates Officer Vs. Munivenkataramiah & ANR [1990] INSC 2 (10 January 1990)

Judgement Date : january/1990, Citation : 1990 Latest Caselaw 2 SC

The Defence of India Act, 1962 was passed by Parliament in the wake of the Chinese aggression to ensure public safety and interest in the Defence of India and Civil De- fence and other connected matters. It had been passed when the Requisitioning and Acquisition of Immovable Property Act, 1952 was a.

Bansidhar & Ors Vs. State of Rajasthan & Ors [1989] INSC 105 (29 March 1989)

Judgement Date : march/1989, Citation : 1989 Latest Caselaw 105 SC

Chapter III-B of the Rajasthan Tenancy Act, 1955 pr e- scribing a ceiling on holdings of agricultural lands, and cl.(6A) of s. 5, defining 'ceiling area' were introduced into the Act by the Rajasthan Tenancy (Amendment) Act, 196 0. The notified date under the 1955 Act was 153 1.4.1966. Su.

Brij Sunder Kapoor Vs. Ist Additional District Judge & Ors [1988] INSC 331 (27 October 1988)

Judgement Date : october/1988, Citation : 1988 Latest Caselaw 327 SC

In this group of cases a common question of law that falls for Determination by the Court is whether the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, Act No. 13 of 1972 are applicable to cantonments situated in the State of U.P. The High Court has a.

State of Bihar Vs. Murad Ali Khan & Ors [1988] INSC 316 (10 October 1988)

Judgement Date : october/1988, Citation : 1988 Latest Caselaw 312 SC

The Range Officer, Forest of the appellant-State lodged complaints with the .judicial Magistrate Ist Class against the respondents-accused alleging that they had committed offences under section 51 of the Wild Life Protection Act, 1972. The learned Magistrate took cognizance of the offence and order.

Babu Rao Allias P.B. Samant Vs. Union of India & Ors [1987] INSC 383 (17 December 1987)

Judgement Date : december/1987, Citation : 1987 Latest Caselaw 382 SC

Rules of Procedure and Conduct of Business in Lok Sabha: Rules 260, 379 and 382-Non-publication of resolutions-Whether resolutions ineffective-Publication in Parliamentary Debates even after delay-Adequate publication. House of the People (Extension of Duration) Act, 1976: Whether ultra vires.

Bank of India Vs. Vijay Transport & Ors [1987] INSC 327 (11 November 1987)

Judgement Date : november/1987, Citation : 1987 Latest Caselaw 326 SC

The appellant-Bank filed a suit against respondents including respondent firm and its partners, who were agriculturists, for recovery of a sum of Rs.18,14,817.91 being balance of three principal amounts severally advanced by the Bank to the firm under cash-credit account on three different dates. Th.

Om Prakash, Vs. Union of India [1987] INSC 311 (3 November 1987)

Judgement Date : november/1987, Citation : 1987 Latest Caselaw 310 SC

The petitioners challenged before the High Court the validity of a notification issued by the Lt. Governor of Delhi for the acquisition of lands in Delhi for "planned development of Delhi". The High Court decided against the petitioners. The petitioners moved this court by special leave. N.

Commissioner of Income Tax, U.P. Vs. Shah Sadiq and Sons [1987] INSC 110 (14 April 1987)

Judgement Date : april/1987, Citation : 1987 Latest Caselaw 110 SC

The assessee, a partnership firm, enjoyed the status of a registered firm for the assessment years 1960-61, 1961-62 and 1962-63. In the assessment proceedings for the year 1962-63 the assessee claimed that a loss of Rs.60,054 suffered in the speculation business in the assessment year 1960-61 and th.

Umaji Keshao Meshram & Ors Vs. Radhikabai W/O Anandrao Banapurkar & ANR [1986] INSC 42 (14 March 1986)

Judgement Date : march/1986, Citation : 1986 Latest Caselaw 42 SC

Clause 15 of the Letters Patent, Bombay, in its finally amended and operative form (January 1929) provided that an appeal shall lie to the High Court of Judicature at Bombay, from a judgment of one Judge of the High Court, pursuant to s.108 of the Government of India Act of 1915, not being (a) a jud.

D.K. Trivedi And Sons & Ors Vs. State of Gujarat & Ors [1986] INSC 27 (5 March 1986)

Judgement Date : march/1986, Citation : 1986 Latest Caselaw 27 SC

The Writ Petitioners and appellants, were persons to whom the State of Gujarat had granted quarry leases and mining leases in respect of minor minerals such as black trap, lime stones, murrum, bentonite, rubble, marble, sandstone, quartzite, etc. In exercise of the powers conferred by section 15 of.

Ganpat Giri Vs. Iind Additional District Judge, Balia & Ors [1986] INSC 1 (7 January 1986)

Judgement Date : january/1986, Citation : 1986 Latest Caselaw 1 SC

Code of Civil Procedure prior to its amendment by Code of Civil Procedure (Amendment) Act 1976, by sub-rules (1) and (3) of Rule 72, Order 21 laid down that no holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the proper.

Express Newspapers Pvt. Ltd. & Ors Vs. Union of India & Ors [1985] INSC 223 (7 October 1985)

Judgement Date : october/1985, Citation : 1985 Latest Caselaw 223 SC

The Central Government had in the year 1949 demarcated the press area along the Bahadur Shah Zafar Marg, New Delhi. It consisted of plots Nos.. 1 to 10 known as Press Enclave as a commercial complex. These plots were alloted to various newspapers like the Indian Express, Times of India, Patriot.

H. Anraj Vs. Government of Tamilnadu [1985] INSC 221 (4 October 1985)

Judgement Date : october/1985, Citation : 1985 Latest Caselaw 221 SC

The subject of lotteries" organised either by the Government of India or by the Government of a State falls within the Union List (Entry 40 of List I) but in the absence of any law having been enacted by the Parliament on the subject the running of lotteries could be tone by the Government of v.

Ibrahim Bachu Bafan & ANR Vs. State of Gujarat & Ors [1985] INSC 21 (12 February 1985)

Judgement Date : february/1985, Citation : 1985 Latest Caselaw 21 SC

The petitioners in the two separate writ petitions were detained pursuant to orders made under s. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974. The detention orders wore assailed in the High court. During the course of hearing of the writ petitions th.

Goa Sampling Employees' Association Vs. General Superintendance Co. of India Pvt. Ltd. & Ors [1984] INSC 231 (11 December 1984)

Judgement Date : december/1984, Citation : 1984 Latest Caselaw 231 SC

The Central Government as an 'appropriate Government' referred the Industrial dispute between the Appellant- employees' Association and the first Respondent-employer in each of the Appeals under Sec. 10 (1) (d) of the Industrial Disputes Act, 1947 to the Central Government Industrial Tri.

Ashok Kumar Bhattacharyya Vs. Ajoy Biswas & Ors [1984] INSC 212 (15 November 1984)

Judgement Date : november/1984, Citation : 1984 Latest Caselaw 212 SC

Respondent No. 1 was employed in the Agartala Municipality and held the post of an Assistant Accountant. The Commissioners of this Municipality were superseded by an order of the State Government under Section 553 of the Bengal Municipal Act, 1932 as extended to the State of Tripura in 1975. Resp.

M. Veerabhadra Rao Vs. Tek Chand [1984] INSC 195 (18 October 1984)

Judgement Date : october/1984, Citation : 1984 Latest Caselaw 195 SC

Rule 34 of the Civil Rules of Practice framed by the Andhra Pradesh High Court sets out officers authorised to administer oath for the purpose of affidavits and an Advocate or Pleader other than the Advocate or Pleader who has been engaged in such a proceeding have been included in the list of offic.

Prabodh Verma & Ors, Vs. State of Uttar Pradesh & Ors [1984] INSC 130 (27 July 1984)

Judgement Date : july/1984, Citation : 1984 Latest Caselaw 130 SC

The educational institutions in the State of Uttar Pradesh are governed by the Intermediate Education Act, 1912 (U.P. Act No. 11 of 1921). Section 16-E of the Intermediate Education Act prescribed the procedure for selection of teachers and heads of institutions. Under sub- s. (1) of section 16-E, t.

Pashupati Nath Sukul & Ors Vs. Nem Chandra Jain & Ors [1983] INSC 189 (25 November 1983)

Judgement Date : november/1983, Citation : 1983 Latest Caselaw 189 SC

After the Legislative Assembly of the State was dissolved by the President elections were held and after the results were declared the Election Commission issued a notification containing the names of the members elected for the constituencies on June 9, 1980. The elected members were notified that.

T. Barai Vs. Henry A.H Hoe & ANR [1982] INSC 92 (7 December 1982)

Judgement Date : december/1982, Citation : 1982 Latest Caselaw 92 SC

For committing an offence under section 16(1)(a) of the Prevention of Food Adulteration Act, 1954, as it stood on March 1, 1972, the maximum punishment prescribed was imprisonment for six years and fine. Section 21 of the Act provided that such offences were triable by a Presidency Magistrate or Mag.

State of Maharashtra Vs. Narayan Shamrao Puranik & Ors [1982] INSC 78 (25 October 1982)

Judgement Date : october/1982, Citation : 1982 Latest Caselaw 78 SC

Sub-s. (3) of s. 51 of the States Reorganization Act, 1956, provides that notwithstanding anything contained in sub-s. (1) or sub-s.(2) thereof the Judges and division Courts of the High Court of a new State may also sit at such other place or places in that State as the Chief Justice may, with the.

State of Madhya Pradesh Vs. Dewadas & Ors [1982] INSC 11 (29 January 1982)

Judgement Date : january/1982, Citation : 1982 Latest Caselaw 11 SC

The Code of Criminal Procedure, 1973, provides inter alia, by sub-s. (3) of s. 3.8 that no appeal against an order of acquittal passed by a lower court shall be entertained under sub-s. (1) or sub-s.(2) except with the leave of the High Court. A practice was prevalent in the Madhya Pradesh High C.

Welath Tax Officer, Calicut Vs. C. K. Mammed Kayi [1981] INSC 88 (7 April 1981)

Judgement Date : april/1981, Citation : 1981 Latest Caselaw 88 SC

The assessee who was the Karnavan of Mapilla Marumakkathayam Tarawad registered as impartible within the meaning of section 20(1) of the Mapilla Marumakkathayam Act, 1939 was assessed to wealth tax on the net wealth of his Tarawad in the capacity of an individual under section 3 of the Wealth Tax Ac.

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

Judgement Date : february/1981, Citation : 1981 Latest Caselaw 44 SC

The appellant was inducted in the year 1964 as a tenant of the suit premises on an yearly rental payable by December 31, every year. Since the appellant did not pay the rent for the years 1965, 1966 a combined notice dated November 9, 1966 demanding payment of arrears and seeking ejectment on termin.

Union of India & Ors Vs. R. C. Jain & Ors [1981] INSC 36 (17 February 1981)

Judgement Date : february/1981, Citation : 1981 Latest Caselaw 36 SC

Section 32(iv) of the Payment of Bonus Act provides that nothing in the Act shall apply to employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the Central Government or State Government or a local authority. The Delhi Developmen.

Vishesh Kumar Vs. Shanti Prasad [1980] INSC 46 (12 March 1980)

Judgement Date : march/1980, Citation : 1980 Latest Caselaw 46 SC

Section 115 of the Code of Civil Procedure confers on the High Court of a State power to remove any jurisdictional error committed by a subordinate court in cases where the error cannot be corrected by resort to its appellate jurisdiction. From its inception there was increasing resort to the revisi.

Mohd Rashid Ahmad Vs. State of U.P. & ANR [1978] INSC 264 (15 December 1978)

Judgement Date : december/1978, Citation : 1978 Latest Caselaw 264 SC

Rule 6(2)(iii)-If imposed a duty on State Government to act in a quasi-judicial manner. Rules of natural justice- Applicability of. The U.P. Nagar Mahapalika Adhiniyam 1959 as well as the U.P. Municipalities Act, 1916 empowered local bodies in the State to appoint their employees subject to certa.

Nayyar (G. P.) Vs. State (Delhi Admn.) [1978] INSC 257 (14 December 1978)

Judgement Date : december/1978, Citation : 1978 Latest Caselaw 257 SC

The appellant who was charged for the offences (a) under section 120B I.P.C. (b) under section 161 I.P.C. read with section 5(2) and 5(1) (d) of the Prevention of Corruption Act 1947 and (c) under section 5(2) read with section 5(1) (a) of the Prevention of Corruption Act 1947 was acquitted by the s.

State of Karnataka Vs. Union of India & ANR [1977] INSC 213 (8 November 1977)

Judgement Date : november/1977, Citation : 1977 Latest Caselaw 213 SC

Article 131 of the Constitution of India provides that the Supreme Court shall have original jurisdiction in any dispute : (a) between the Government of India and one or more States; or (b) between Government of India and any State or States on one side and one or more other States on the other; or.

Heckett Engineering Co. Vs. Workmen [1977] INSC 194 (11 October 1977)

Judgement Date : october/1977, Citation : 1977 Latest Caselaw 194 SC

The respondent workman was appointed a permanent driver by the appellant employer. The respondent while driving the truck of the appellant-company met with an accident. The appellant called upon the respondent to show cause why disciplinary action should not be taken against him for the following ac.

Union of India Vs. Prem Kumar Jain & Ors [1976]130 (28 April 1976)

Judgement Date : april/1976, Citation : 1976 Latest Caselaw 130 SC

A new cadre of the Indian Administrative Services was constituted for Delhi and Himachal Pradesh, and recruitment to it was made directly without following the normal method prescribed by Rule 4(1) of the I.A.S. (Recruitment) Rules, 1954. These Rules were amended to provide for a joint cadre for the.

Additional District Magistrate, Jabalpur Vs. S. S. Shukla [1976]129 (28 April 1976)

Judgement Date : april/1976, Citation : 1976 Latest Caselaw 129 SC

174 In exercise of the powers conferred by Clause (1) of Art. 352 of the Constitution The President of India, by proclamation dated December 23, 1971 declared that a grave emergency exists whereby the security of India is threatened by external aggression and the Maintenance of Internal Security Act.

Hari Shanker Tripathi Vs. Shiv Harsh & Ors [1976] INSC 18 (3 February 1976)

Judgement Date : february/1976, Citation : 1976 Latest Caselaw 18 SC

The respondent was declared elected on April 30, 1974, in the election to the State Legislative Council. The period of limitation of 45 days, prescribed by s. 81(1) of the Representation of the People Act, 1951, for filing an election petition, expired on June 14, 1974, when the High Court was close.

Amadalavalasa Cooperative Agricultural & Industrial Society Vs. U.O.I [1975] INSC 278 (17 November 1975)

Judgement Date : november/1975, Citation : 1975 Latest Caselaw 276 SC

The President of India after the Chinese aggression in 1962, proclaimed emergency under Article 352 of the Constitution. The Parliament passed the Emergency Risks (Goods,) Insurance Act, 1962 and the Emergency Risks (Factories) Insurance Act, 1962, which came into force from 1-1-1963. It was realise.

Tiwari Kanahaiyalal Vs. The Commissioner of Income Tax, Delhi [1975] INSC 69 (13 March 1975)

Judgement Date : march/1975, Citation : 1975 Latest Caselaw 69 SC

Section 297(2)(f) of the Indian Income-tax Act, 1961, provides that notwithstanding the repeat of the Income-tax Act, 1922, any proceeding for the imposition of a penalty in respect of any assessment completed before April 1, 1962, may be initiated as if the 1961 Act had not been passed; and Clause.

Surya Kant Roy Vs. Imamul Hai Khan [1975] INSC 67 (12 March 1975)

Judgement Date : march/1975, Citation : 1975 Latest Caselaw 67 SC

Under the Bihar and Orissa Mining Settlement Act, 1920 a Board called the Mines Board of Health may be established to provide for the control and sanitation of any area. The Board consists of members who are elected by mine owners, non-officials selected by the State Government and persons nominated.

Union of India Vs. Gurbaksh Singh & ANR [1975] INSC 22 (5 February 1975)

Judgement Date : february/1975, Citation : 1975 Latest Caselaw 22 SC

Under s. 3(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the post of Assistant Settlement Commissioner is a post under the Union of India to which the appointment is to be made by the Central Government. In exercise of this power the Central Government appointed the fir.

Sher Mohammad @ Seru Vs. The State of West Bengal [1975] INSC 1 (8 January 1975)

Judgement Date : january/1975, Citation : 1975 Latest Caselaw 1 SC

Section 3 of the Maintenance of Internal Security Act, 1971, indicates that the State Government may directly issue an order of detention or, if it is done by a lesser authority, approve of such detention order as provided. Section 3(4) obligates the State Government to communicate, within 7 days of.

Ram Bali Rajbhar Vs. The State of West Bengal & Ors [1974] INSC 282 (20 December 1974)

Judgement Date : december/1974, Citation : 1974 Latest Caselaw 280 SC

The petitioner was detained under MISA on the grounds that on 2 occasions, he along with his associates, hurled bombs on a tea-stall and on a watch repairing shop, thereby damaging furniture, watches showcases etc., endangering the lives and safety of the people; and creating a great disturbance of.

Haradhan Saha & ANR Vs. The State of West Bengal & Ors [1974] INSC 152 (21 August 1974)

Judgement Date : august/1974, Citation : 1974 Latest Caselaw 150 SC

The petitioners were detained under the Act for acting in a manner prejudicial to the maintenance of supplies and services essential to the community. In the one case, the ground of detention was that the petitioner in collusion with his father had hoarded food grains, that he had no licence as requ.

Hukumdev Narain Yadav Vs. Lalit Narain Mishra [1973] INSC 253 (21 December 1973)

Judgement Date : december/1973, Citation : 1973 Latest Caselaw 253 SC

Under s. 80A of the Representation of the People Act. 1951, the High Court is given jurisdiction to try election petitions. Section 81 Prescribes the period of 45 days from the date of the election of a returned candid-ate as the period within which an election petition calling in question any elect.

Qudrat Ullah Vs. Municipal Board, Barelly [1973] INSC 225 (29 November 1973)

Judgement Date : november/1973, Citation : 1973 Latest Caselaw 225 SC

The appellant's father had been collecting "tahbazari' dues under a contract from the Municipal Board. Under the terms of the contract the contractor had the right of use of sheds and shops as enjoyed by the Municipal Board as proprietor and the contractor was empowered to let them to s.

Neel & Nirenjan Majumdar Vs. The State of West Bengal [1972] INSC 147 (23 May 1972)

Judgement Date : may/1972, Citation : 1972 Latest Caselaw 147 SC

The combined effect of section 6 and 24 of the General Clauses Act is that a notification of 1923 issued under section 15 of the Arms Act, 1878 prohibiting the acquisition, possession or carrying of arms other than fire arms without a licence, not only continued to operate but has to be deemed to ha.

Hungerford Investment Trust Limited Vs. Haridas Mundhra & Ors [1972] INSC 71 (9 March 1972)

Judgement Date : march/1972, Citation : 1972 Latest Caselaw 71 SC

The appellant was the owner of 100% shares in Company 'A' By an agreement dated October 30, 1956, between the appellant and the respondent, the respondent purchased 49% of the shares with an option to purchase the balance of 51 % shares. The respondent exercised his option but as the shares.

R. L. Kapur Vs. State of Madras [1972] INSC 45 (8 February 1972)

Judgement Date : february/1972, Citation : 1972 Latest Caselaw 45 SC

The appeal is directed against the order of the High Court of Madras directing a sum of Rs. 500/- deposited in the High Court as security for the appellants appearance before it in certain contempt of Court proceedings, to be adjusted against the fine imposed upon him in those proceedings. The conte.

H. H. Maharajadhiraja Madhav Rao Jiwaji Raoscindia Bahad Vs. Union of India [1970] INSC 253 (15 December 1970)

Judgement Date : december/1970, Citation : 1970 Latest Caselaw 253 SC

On the promulgation of the Indian Independence Act, 1947, the Princely States adjoining the Dominion of India merged with the Dominion of India. The instruments of merger provided for_the integration of the States and guaranteed to the Rulers the Privy Purse, succession according to law and custom t.

Shiv Kirpal Singh Vs. Shri V. V. Giri [1970] INSC 191 (14 September 1970)

Judgement Date : september/1970, Citation : 1970 Latest Caselaw 191 SC

The election to the office of President of India held in August 1969 was challenged in five election petitions filed in this Court. The main question that 'fell for consideration was whether the distribution of an anonymous pamphlet making defamatory statements about one of the candidates at the.

State of Punjab & Ors Vs. Sukh Deb Sarup Gupta [1970] INSC 118 (29 April 1970)

Judgement Date : april/1970, Citation : 1970 Latest Caselaw 118 SC

The respondent was a manufacturer of medicinal or toilet preparations which fell within the definition of "excisable articles" on which excise duty was payable under s. 3 (6) (c) of the Punjab Excise Act, 1914. Under s. 6 read with Entry 37 in Schedule B of the East Punjab General Sales Ta.

Lt. Governor of Himachal Pradesh Vs. Avinash Sharma [1970] INSC 116 (28 April 1970)

Judgement Date : april/1970, Citation : 1970 Latest Caselaw 116 SC

Possession of an area of land in Himachal Pradesh including some land belonging to the respondent was taken in December 1963 by the Deputy Commissioner and the land was handed over to the Air Force Authorities. Subsequently, on March 31, 1964, a notification under s. 4 of the Land Acquisition Act, 1.

Rayala Corporation (P) Ltd. & Ors Vs. Director of Enforcement, New Delhi [1969] INSC 150 (23 July 1969)

Judgement Date : july/1969, Citation : 1969 Latest Caselaw 150 SC

The premises of the first appellant were raided by the Enforcement Directorate and certain records were seized. The second appellant was the first appellant's managing director. Thereafter, on 25th August 1967, notice was issued by the respondent to the two appellants to show cause within fou.

Jindas Oil Mill & Ors Vs. Godhra Electricity Co. Ltd. [1969] INSC 57 (26 February 1969)

Judgement Date : february/1969, Citation : 1969 Latest Caselaw 57 SC

The respondent held a licence for the supply of Electricity under the 'Indian Electricity Act, 1910 in the Godhra area of undivided BombaY. On the creation of the State of Gujarat the area went to that State. The Electricity (Supply) Act came into force in 1948 and under it the conditions in Sch.

T. S. Baliah Vs. T. S. Rengachari [1968] INSC 314 (12 December 1968)

Judgement Date : december/1968, Citation : 1968 Latest Caselaw 314 SC

In respect of the appellant's assessment to income-tax for three years from 1958-59 to 1960-61, the respondent filed three complaint petitions before the Chief Presidency Magistrate, Madras, at the instance of the Inspecting Assistant Commissioner, charging the appellant with having committed of.

Lalta & Ors Vs. State of Uttar Pradesh [1968] INSC 257 (25 October 1968)

Judgement Date : october/1968, Citation : 1968 Latest Caselaw 257 SC

The first appellant filed a suit on a promissory note. Prior to the institution of the suit, the executant of the promissory note had filed a complaint against the appellants alleging that they had forcibly taken his thumb impressions on a number of blank forms of promissory notes. The Magistrate.

Sampat Prakash Vs. State of Jammu & Kashmir & ANR [1968] INSC 242 (10 October 1968)

Judgement Date : october/1968, Citation : 1968 Latest Caselaw 242 SC

After the accession of the State of Jammu and Kashmir to India. in Art. 35 of the Constitution of India, in its application to the State, el. (c) was introduced in 1954 providing protection to any law relating to preventive detention in the State against invalidity on the ground of infringement of a.

Mohd. Usman Military Contractor, Jhansi Vs. Union of India, Ministry of Defence [1968] INSC 230 (26 September 1968)

Judgement Date : september/1968, Citation : 1968 Latest Caselaw 230 SC

The appellant entered into a contract with the Government of India. The contract contained an arbitration clause.For certain supplies made under the contract the appellant made representations to the Government or payment and for arbitration of disputes. On or about July 10, 1958 Government refused.

K. Venkateswara Rao & ANR Vs. Bekkam Narasimha Reddi & Ors [1968] INSC 188 (13 August 1968)

Judgement Date : august/1968, Citation : 1968 Latest Caselaw 188 SC

The election of the first respondent to the Andhra Pradesh Legislative Assembly at the General Election hold in 1967 was challenged by the appellants in an election petition. Various corrupt practices were alleged appellants to have been committed by the first respondent, his agents and supporter.

Amalgamated Electricity Co. Vs. Municipal Committee, Ajmer [1968] INSC 161 (25 July 1968)

Judgement Date : july/1968, Citation : 1968 Latest Caselaw 161 SC

The Ajmer Electric Supply Co. Ltd. a licensee under the Indian Electricity Act, 1910, entered into two contracts with the respondent-Municipal Committee, (i) for supplying electricity for street lighting, and (ii) pumping water from the wells belonging to the respondent at a particular place. The.

State of Maharashtra Vs. Madhavrao Damodar Patilch& Ors [1968] INSC 96 (10 April 1968)

Judgement Date : april/1968, Citation : 1968 Latest Caselaw 96 SC

The Maharashtra State Agricultural Lands (Ceiling on Holdings) Act, 1961, as amended by Act 13 of 1962, was passed for securing the distribution of agricultural land to subserve the common good by imposing a ceiling on the holding of agricultural land. Section 28 of the Act is, intrer alia, concerne.

T.M. Kanniyan Vs. Income-Tax Officer, Pondicherry & ANR [1967] INSC 248 (30 October 1967)

Judgement Date : october/1967, Citation : 1967 Latest Caselaw 248 SC

Parliament enacted the Pondicherry Administration Act. 1962. which provided that all laws in force immediately before August 19. 1962, when Pondicherry became a Union territory, were to continue to be in force until amended or repealed by a competent legislature or other competent authority. The.

The Vishnu Pratap Sugar Works (P) Ltd. Vs. The Chief Inspector of Stamps, U.P [1967] INSC 142 (4 May 1967)

Judgement Date : may/1967, Citation : 1967 Latest Caselaw 142 SC

The appellant-company filed a suit against the State of U.P. and Union of India for a permanent injunction restraining the State from proceeding to realise cess and tax under the U.P. Sugar Cane Cess Act 1956 read with U.P. Sugar Cane Cess (Validation) Act, 1961 and the Sugar Cane Purchase Tax Ac.

Kalawati Devi Harlalka Vs. Commissioner of Income-Tax, West Bengal & Ors [1967] INSC 133 (1 May 1967)

Judgement Date : may/1967, Citation : 1967 Latest Caselaw 133 SC

The appellant received a notice on January 24, 1963 from the Commissioner of Income-tax, West Bengal, initiating a revision under s. 33B of the Income-tax Act, 1922, of her assessments for the years 1952-53 to 1960-61. The appellant thereupon filed a petition in the High Court tinder Art. 226 of the.

Hasan Nurani Malak Vs. Assistant Charity Commissioner, Nagpur & Ors [1966] INSC 138 (22 August 1966)

Judgement Date : august/1966, Citation : 1966 Latest Caselaw 138 SC

In October 1953 upon an application made under s. 5 of the Madhya Pradesh Public Trusts Act, 30 of 1951, the Registrar held an enquiry ,on the question whether particular trust founded in 1891 in, Nagpur in the Vidharbha area of the ate, of which the properties were in the possession of and managed.

Girdharilal Amratlal Shodan & Ors Vs. State of Gujarat & Ors [1966] INSC 28 (28 January 1966)

Judgement Date : january/1966, Citation : 1966 Latest Caselaw 28 SC

Where a notification under s. 6 of the Land Acquisition Act, 1894 is invalid, the Government may treat it as ineffective and issue in its place a fresh notification under s. 6. Nothing in s. 48 of the Act precludes the Government from doing so. The cancellation of the earlier notification is only.

Commissioner of Income-Tax, Andhra Pradesh Vs. H. E. H. Mir Osman Ali Khan [1965] INSC 222 (25 October 1965)

Judgement Date : october/1965, Citation : 1965 Latest Caselaw 222 SC

In respect of the assessments made on the Nizam of Hyderabad for the assessment years 1950-51 and 1951-52 the following questions arose in the High Court in a reference under s. 66(1) of the Income-tax Act 1922 : (i) Whether having regard to the Covenant dated 25th January 1950 entered into by the a.

Bishambar Nath Kohli & Ors Vs. State of Uttar Pradesh & Ors [1965] INSC 210 (11 October 1965)

Judgement Date : october/1965, Citation : 1965 Latest Caselaw 210 SC

Under s. 6 of Ordinance 12 of 1949, the Deputy Custodian of Evacuee notified certain property to be evacuee property in October 1949. No claim was preferred by any one in pursuance of the notification and the Central Government acquired the property under the Displaced Persons (Compensation and Reha.

Ram Kishore Sen & Ors Vs. Union of India & Ors [1965] INSC 151 (11 August 1965)

Judgement Date : august/1965, Citation : 1965 Latest Caselaw 151 SC

As a result of the 'Indo-Pakistan Agreements' entered into in 1956 between the Prime Ministers of India and Pakistan half of the area known as Barubari Union No. 12, and a portion of Chilahati village admeasuring 512 acres were agreed to be transferred by India to Pakistan. Certain questions.

Seth Banarsi Das Vs. Wealth Tax Officer, Special Circle Meerut [1964] INSC 283 (8 December 1964)

Judgement Date : december/1964, Citation : 1964 Latest Caselaw 283 SC

The appellants who were Hindu undivided families challenged the levy of wealth tax on them on the ground that s. 3 of the Wealth-tax Act, 1957, in so far as it brought to charge Hindu undivided families was ultra vires being beyond the terms of Entry 86 in List 1. Their writ petitions before the Hig.

Subhas Chandra & Ors Vs. Municipal Corporation of Delhi & ANR [1964] INSC 201 (25 September 1964)

Judgement Date : september/1964, Citation : 1964 Latest Caselaw 201 SC

The now defunct Municipal Committee of Delhi resolved in November 1957 that a graduate allowance should be paid to its graduate clerks in the junior grade. The Municipal Committee was replaced by the Municipal Corporation of Delhi under Act 66 of 1957 and the Commissioner of the Corporation admitted.

Manipur Administration Vs. Thokchom, Bira Singh [1964] INSC 70 (11 March 1964)

Judgement Date : march/1964, Citation : 1964 Latest Caselaw 70 SC

In the present case. the trial court held the respondent guilty of the offences under ss. 333, 323 and 440 all read with s. 149, Indian Penal Code. It was alleged by the prosecution that 'the respondent Bira Singh was a member of the unlawful assembly which was formed between 3 and 5 p.m. on.

Jayantilal Amrit Lal Shodhan Vs. F.N. Rana & Ors [1963] INSC 215 (5 November 1963)

Judgement Date : november/1963, Citation : 1963 Latest Caselaw 243 SC

The President of India issued on July 24, 1959, a notification under Art. 258(1) of the Constitution entrusting with the consent of the Government of Bombay to the Commissioners of Divisions in the State of Bombay the functions of the Central Government under the Act in relation to the acquisition o.

State of Orissa Vs. M. A. Tulloch And Co. [1963] INSC 170 (16 August 1963)

Judgement Date : august/1963, Citation : 1963 Latest Caselaw 198 SC

On a lease granted by the appellant under the Central Act 53 of 1948 the Respondent Trulloch & Co. was working a manganese mine. The State Legislature of Orissa, then passed the Orissa Mining Areas Development Fund Act, 1952 where under the State Government was empowered to levy a fee being inte.

Sree Mohan Chowdhury Vs. The Chief Commissioner, Union Territory of Tripura [1963] INSC 124 (29 April 1963)

Judgement Date : april/1963, Citation : 1963 Latest Caselaw 148 SC

On October 26, 1962, the President issued a proclamation of Emergency which was later approved by both houses of Parliament. On the same day he promulgated the Defence of India Ordinance, 1962, and under s. 3 thereof the Central Government promulgated the Defence of India Rules, 1962. On November 3.

Kali Pada Chowdhury Vs. Union of India [1962] INSC 194 (3 May 1962)

Judgement Date : may/1962, Citation : 1962 Latest Caselaw 194 SC

Section 12 of the Mines Act, 1952, provides that the Central Government may constitute a Mining Board for any part of the territories to which the Act extended or for any group or class of mine-. In 1957 only one mining board i.e. the Bihar Mining Board was in existence and other mining boards were.

The Management of Indian Cable Co. Ltd., Calcutta Vs. Its Workmen [1962] INSC 81 (5 March 1962)

Judgement Date : march/1962, Citation : 1962 Latest Caselaw 81 SC

Section 25-G of the Industrial Disputes Act, 1947, provided : "Where any workman in an' industrial establishment . is to be retrenched and he belongs to a 590 particular category of workmen in that establishment. the employer shall ordinarily retrench the workman who was the last to b.

R. C. Jall Vs. Union of India [1962] INSC 74 (27 February 1962)

Judgement Date : february/1962, Citation : 1962 Latest Caselaw 74 SC

The appellant, Amalgamated Coalfields, despatched by rail three consignments of coal to appellant R. C. Jall from Junner-Deo to Indore. The appellant R. C. Jall took delivery of the coal after paying the freight, but by, mistake the cess payable as surcharge was not 'recovered from him at the ti.

Arjun Prasad Vs. Shantilal Shankarlal Shah & Ors [1961] INSC 366 (22 December 1961)

Judgement Date : december/1961, Citation : 1961 Latest Caselaw 366 SC

Subsequent to an order made for the winding up of a company, the Company Judge made a direction for action to be taken under provisions of s. 153 of the Indian Companies 403 Act, 1913. At the meeting of the unsecured creditors of the company a resolution was passed by the creditors present, either i.

Jetha Nand Vs. The Hon'ble Judges of The Punjab High Court [1961] INSC 340 (5 December 1961)

Judgement Date : december/1961, Citation : 1961 Latest Caselaw 340 SC

The appellant J who was enrolled as an advocate in the Chief Court of Sind in May 1947 came to India at the end of the year 1948, and practiced in the Courts at Delhi. The Chief Justice of Punjab High Court prohibited the appellant from practicing as an advocate in the Courts of Delhi. At 962 the ti.

The State of Madhya Pradesh Vs. Shri Mouia Bux & Ors [1961] INSC 222 (5 May 1961)

Judgement Date : may/1961, Citation : 1961 Latest Caselaw 222 SC

The respondents obtained a lease for plucking tendu leaves from the Government of Vindhya Pradesh. Later, the Government cancelled the lease and sought to recover the balance of the lease money. The respondents filed a suit for damages and for injunction restraining the Government from recovering th.

Jawala Ram Vs. State of Pepsu [1961] INSC 191 (27 April 1961)

Judgement Date : april/1961, Citation : 1961 Latest Caselaw 191 SC

Certain persons were prosecuted but acquitted of a charge of having damaged a canal. Thereafter the canal officers levied special canal charges on the appellants on the basis of the conclusion that the villagers were responsible for a cut in the canal. The High Court is missed the appellants petitio.

Ghaurul Hasan & Ors Vs. The State of Rajasthan [1961] INSC 141 (5 April 1961)

Judgement Date : april/1961, Citation : 1961 Latest Caselaw 141 SC

The petitioners were granted certificates of registration as Indian Citizens under s. 5(1)(a) of the Citizenship Act, 955, by the Collector of Nagaur. Later the Collector passed orders canceling the certificates. The power to cancel was based on 773 S. 10 (2)(a) Of the Citizenship Act, 1955, and S.

Devanagere Cotton Mills Ltd. Devanagere Vs. The Deputy Commissioner, Chitradurga & ANR [1961] INSC 116 (24 March 1961)

Judgement Date : march/1961, Citation : 1961 Latest Caselaw 116 SC

The appellants declined to carry out the requisition by the Deputy Commissioner to submit certain returns on the ground that tinder the Indian Cotton Cess Act, 1923, which Act Se came applicable to the State of Mysore by the Part B States Laws Act, 1951, the Collector alone could assess the cess and.