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Judgments of 1980

293 judgments · newest first · showing 1–200

RAZIA UMAR BAKSHIversusUNION OF INDIA AND ORS.

1980 INSC 129Case Allowed

Razia Umar Bakshi was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) by the Gujarat Government. The detention order and its grounds were written in English, a language she did not understand, and no translation or explanation …

TRAVANCORE TEA CO. LTD. ETC.versusSTATE OF KERALA AND ORS.

1980 INSC 128Case Partly allowed

The Travancore Tea Co. Ltd., a tea plantation owning 17 motor vehicles, claimed that the vehicles were used only on private estate roads for agricultural purposes and therefore exempt from tax under the Kerala Motor Vehicles Taxation Act, 1963. The State levied tax, seized a lorry and the company …

TUMATI VENKAISH ETC. ETC.versusSTATE OF ANDHRA PRADESH

1980 INSC 116Dismissed

The Supreme Court examined challenges to the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (as amended in 1977) on the ground that, after the Parliament enacted the Urban Land (Ceiling and Regulation) Act, 1976 under Article 252, the State law became void for being outside …

AMBIKA PRASAD MISHRA ETC.versusSTATE OF U.P. AND ORS. ETC.

1980 INSC 117Dismissed

The Supreme Court examined the constitutional validity of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which imposes land‑holding ceilings and provides for surplus land surrender, consolidation, and related restrictions. Petitioners challenged various provisions on grounds of …

SETH NAND LAL & ANR.versusSTATE OF HARYANA & ORS.

1980 INSC 118Dismissed

The Supreme Court examined challenges to the Haryana Ceiling on Land Holdings Act, 1972 and its subsequent amendments, focusing on the artificial definition of "family" and the double standard for fixing land‑holding ceilings under sections 4(1), 4(3), 7, 8, 9 and 11, alleged to breach Article 14. …

SASANKA SEKHAR MAITY & ORS. ETC.versusUNION OF INDIA & ORS.

1980 INSC 119Dismissed

The petitioners, raiyats in West Bengal, challenged the constitutionality of Chapter IIB of the West Bengal Land Reforms Act, 1955 as amended in 1971 and 1972, alleging that the ceiling on agricultural holdings, the definition of "family", and related provisions violated Articles 14, 19(1)(f) and …

STATE OF MADHYA PRADESHversusRAM RATAN

1980 INSC 121Appeal(s) allowed

Ram Ratan, a Forest Guard in Madhya Pradesh, was charged with misconduct and, after a departmental inquiry, was served a second show‑cause notice under Article 311(2) of the Constitution (pre‑1976) and Rule 15(4)(i)(b) of the Madhya Pradesh Civil Services Rules, 1966, proposing a major penalty of …

NISHI MAGHU ETC. ETCversusSTATE OF JAMMU AND KASHMIR AND ORS.

1980 INSC 122Case Allowed

The Supreme Court examined the selection process for admission to the Government Medical College, Jammu for 1979‑80, where the State had reserved seats for various categories including "rectification of regional imbalance", areas adjoining the line of control, bad pockets, social castes, wards of …

SUPERINTENDENCE COMPANY OF INDIA (P) LTD.versusKRISHAN MURGAI

1980 INSC 124Dismissed

The Superintendence Company employed the respondent as its New Delhi branch manager and inserted a clause prohibiting him from joining a competitor or starting a similar business for two years after he "leaves" the company. The company terminated his employment and he started a competing business. …

RAGHBLR SINGH GILLversusGURCHARAN SINGH TOHRA & ORS.

1980 INSC 127Dismissed

The Supreme Court dismissed an appeal by independent candidate Raghbir Singh Gill challenging the setting aside of his election to the Council of States on grounds of tampered postal ballot papers. The High Court had found that four postal ballots, originally cast for Akali candidate Gurcharan Singh …

KASTORI LAL LAKSHMI REDDYversusSTATE OF JAMMU AND KASHMIR & ANOTHER

1980 INSC 125Dismissed

The State of Jammu & Kashmir, seeking to promote industrialisation, allocated 11.85 lakh resin‑tapping blazes in inaccessible forest areas to a private firm (the second respondent) for a ten‑year period, requiring the firm to set up a resin processing plant in the State. The petitioners challenged …

EMPIRE JUTE CO. LID.versusCOMMISSIONER OF INCOME TAX

1980 INSC 126Appeal(s) allowed

Empire Jute Co., a member of the Indian Jute Mills Association, purchased loom‑hours from four other mills under a quinquennial working‑time agreement that limited weekly loom operation. The company claimed Rs 2,03,255 as a revenue expense deductible under section 10(2)(xv) of the Income‑Tax Act, …

STATE OF UTTAR PRADESHversusATA MOHD.

1980 INSC 113Appeal(s) allowed

Ata Mohd applied for a lease of plot 227 adjoining a public road in Gorakhpur. The Municipal Board granted the lease in 1945, which was later approved by the District Magistrate and a KABULIYAT was executed. The State of Uttar Pradesh later cancelled the lease, claiming the land was Nazrul (state) …

MANIK CHAND AND ANR.versusRAMACHANDRA SON OF CHAWRIRAJ

1980 INSC 114Appeal(s) allowed

The plaintiffs, two minors, entered into an agreement through their mother and natural guardian to purchase a house for Rs 11,000, paying Rs 1,000 as earnest money. The seller failed to perform, and the minors sued for specific performance. The trial court decreed in their favour, but the High Court …

DELHI CLOTH AND GENERAL MILLS CO. LTD.versusSTATE OF RAJASTHAN AND ORS.

1980 INSC 115Appeal(s) allowed

The appellant, Delhi Cloth and General Mills Co., manufactured "rayon tyre cord fabric" and claimed exemption from sales tax under Item 18 of the Rajasthan Sales Tax Act, which referenced "rayon fabrics" as defined in the Additional Duties of Excise (Goods of Special Importance) Act, 1957 and Item …

COMMISSIONER OF INCOME TAX, PATIALAversusPIARA SINGH

1980 INSC 111Appeal(s) allowed

Piara Singh, a gold smuggler, was caught crossing the India‑Pakistan border in 1958 and Rs 65,500 in currency notes used to purchase gold abroad were confiscated by customs. He claimed that the confiscated amount was a loss incurred in his smuggling business and sought a deduction under section …

FAZLUNBIversusK. KHADER V ALI AND ANR.

1980 INSC 112Appeal(s) allowed

Fazlunbi, a Muslim woman, was deserted by her husband K. Khader Vali who obtained a divorce and paid a meager mahar of Rs.500 and iddat maintenance of Rs.750, after which the magistrate cancelled the earlier maintenance order under Section 125 CrPC. The issue before the Supreme Court was whether …

RAJ KANTAversusFINANCIAL COMMISSIONER, PUNJAB AND ANR.

1980 INSC 110Appeal(s) allowed

Four tenants of agricultural land owned by Raj Kanta applied to purchase the land under Section 18 of the Punjab Security of Land Tenures Act, 1953 and paid the first instalment. They failed to pay the rent for Kharif 1961, which was due on 15 January 1962, and offered no sufficient cause. The …

JAMNADAS DHARAMDASversusDR. J. JOSEPH FERREIRA AND ANR.

1980 INSC 107Dismissed

The plaintiff, a landlord, leased two plots of land to the defendant, who was permitted to erect buildings. The defendant built a three‑storey structure on one plot but repeatedly defaulted on rent and tax payments, leading to forfeiture of the lease. The landlord sued for ejectment of both the land …

SHALIMAR ROPE WORKS LTD.versusABDUL HUSSAIN H. M. HASAN BHAI RASSIWALA AND ORS.

1980 INSC 108Appeal(s) allowed

The respondent filed a suit for damages against Shalimar Rope Works Ltd. and served summons at the company's registered office in Calcutta, handing it to an office assistant, Navlakha, who was not a secretary, director, or principal officer. The company remained unaware of the summons and the …

RAM SWAROOP RAIversusLILAVATHI

1980 INSC 109Appeal(s) allowed

The landlady purchased shop No. 66 in Jhansi in 1969 and let the ground floor to the tenant in 1970, claiming the building was a "new construction" erected in 1965. In 1975 she filed an eviction suit invoking the exemption under Section 2(2) of the Uttar Pradesh Rent Control Act, which shields …

TARA PRASAD SINGH ETC. ETC.versusUNION OF INDIA & OTHERS

1980 INSC 106Case Partly allowed

The Supreme Court examined a group of writ petitions challenging the Coal Mines (Nationalisation) Amendment Act, 1976, which terminated existing coal mining leases and barred private persons from carrying out coal mining operations. The petitioners, lessees of coal and composite (coal‑fireclay) …

VISHNU AWATAR ETC.versusSHIV AUTAR AND ORS.

1980 INSC 104Dismissed

The Supreme Court considered three Special Leave Petitions challenging the Allahabad High Court's refusal to entertain revisions under Section 115 of the CPC on the ground that Section 3 of the Uttar Pradesh Amendment Act, 1978 bars such revisions when the original suit is valued below Rs 20,000. …

BAR COUNCIL OF DELHI AND ANR. ETC.versusSURJEET SINGH AND ORS. ETC. ETC.

1980 INSC 102Dismissed

In 1978 the Delhi Bar Council added a proviso to Rule 3(j) of its Election Rules requiring advocates to submit a declaration confirming certain qualifications, failing which they would be excluded from the electoral roll. About 2,000 advocates were omitted, the electoral roll was used for the Bar …

STATE BANK OF SAURASHTRAversusCHITRANJAN RANGNATH RAJA AND ANR.

1980 INSC 100Dismissed

The State Bank of Saurashtra extended a cash‑credit facility to Harilal Adatia on two securities: a pledge of 5,000 tins of groundnut oil and a personal guarantee by Chitranjan Rangnath Raja. The bank negligently lost the pledged oil tins while they were in its custody. After the principal debtor’s …

RAMESH KAUSHIKversusB. L. VIG, SUPERINIBNDENT AND ANR.

1980 INSC 101Case Allowed

Ramesh Kaushik, a life‑time inmate of Tihar Jail, filed a quasi‑habeas corpus petition under Article 32 alleging systematic torture, corruption, drug‑racketeering, sexual exploitation and class‑based privileges within the prison. The petition claimed violations of Articles 14, 19 and 21 of the …

PREM SHANKAR SHUKLAversusDELHI ADMINISTRATION

1980 INSC 96Case Allowed

The petitioner, an under‑trial prisoner, complained that he was repeatedly handcuffed while being escorted between Tihar Jail and the court despite a trial‑court order prohibiting such treatment. He filed a writ of habeas corpus under Article 32, alleging violation of Articles 14, 19 and 21 of the …

SANTOSH GUPTAversusSTATE BANK OF PATIALA

1980 INSC 97Appeal(s) allowed

Santosh Gupta, a woman employee of State Bank of Patiala, was terminated on 21 August 1974 after failing a test required for confirmation. She contended that the termination amounted to "retrenchment" under Section 2(oo) of the Industrial Disputes Act, 1947, thereby invoking the procedural and …

UNION OF INDIAversusJ. K. GAS PLANT

1980 INSC 98Dismissed

The Union of India supplied steel to J.K. Gas Plant Manufacturing Co. for a gas plant; surplus steel was directed by the Kanpur Controller to be delivered to Govan Brothers Ltd. The price for the surplus steel remained unpaid, prompting the plaintiff to sue the Union for the price plus interest. The …

RAJA MALLAIAH AND ANR.versusANIL KISHORE AND ORS.

1980 INSC 95Dismissed

The case concerned the auction of 78 arrack‑shops in Hyderabad and Secunderabad under the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969. The Collector, acting as auctioning authority, first auctioned the shops individually, then in two groups, and finally as a single …

STATE OF WEST BENGAL AND ANR.versusSURENDRA NATH BHATTACHARYA AND ANR.

1980 INSC 94Appeal(s) allowed

The State of West Bengal sought to acquire 73 acres of land for Calcutta Mineral Supply Company, which manufactured chemicals that saved foreign exchange. The acquisition was initiated in 1954 and completed in 1957, before the 1962 amendment to the Land Acquisition Act. The High Court quashed the …

KAMAL KANTI DUTTA AND ORS.versusUNION OF INDIA AND ORS.

1980 INSC 93Dismissed

The Supreme Court considered review petitions filed under Article 32 seeking to overturn its earlier decisions in S.G. Jaisinghani and the two Gupta cases concerning the seniority and quota rules for Income‑Tax Officers (Class I, Grade II). The petitioners argued that the Court had wrongly treated …

K.DHEENADHAYALANversusSTATE OF TAMIL NADU AND ANR.

1980 INSC 92Dismissed

The petitioner, a direct recruit Joint Commercial Tax Officer (JCTO) appointed in 1966, challenged a fresh combined inter‑se seniority list prepared by the Government in 1977 which placed him below a transferee recruit in the 1967 list. The High Court had earlier quashed the original seniority list …

STATE OF HARYANA AND ORS.versusJAGE RAM AND ORS.

1980 INSC 90Case Partly allowed

The respondents won the auction for a retail liquor vend in March 1967, paid a security deposit and began operations, but failed to pay the first two instalments of the licence fee, leading to cancellation of their licence and a re‑auction of the vend at a much lower price. The respondents filed …

BAI DOSABAIversusMATHURDAS GOVINDDAS AND 0RS.

1980 INSC 91Dismissed

Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After …

SABIR AHMEDversusUNION OF INDIA AND ORS.

1980 INSC 89Case Allowed

Sabir Ahmed filed a writ petition under Article 32 challenging the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had made a representation to the detaining authority and later …

UMA SHANKAR SHARMAversusTHE UNION OF INDIA AND ORS.

1980 INSC 88Appeal(s) allowed

The appellant was appointed as a temporary Inspector of Central Excise on the basis that he was a sportsman who had represented his university in an Inter‑University Tournament. He had qualified and been selected to represent Mithila University in the 1972 tournament but was unable to participate …

JAVED NIAZ BEG AND ANR.versusUNION OF INDIA AND ANR.

1980 INSC 87Dismissed

The petitioners, candidates from the Hindi belt, challenged a 1979 notification that exempted candidates from the North Eastern States and Union Territories (Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland) from taking Paper I on Indian Languages in the Civil Services Examination, alleging …

MAIMOONA KHATUN AND ANR.versusSTATE OF U.P. AND ANR.

1980 INSC 85Appeal(s) allowed

The widowed appellant and her daughter claimed arrears of salary for their deceased husband, a tubewell technician who was illegally dismissed in 1954 and later reinstated by the Superintending Engineer in 1955. The trial court and first appellate court held that the employee was entitled to full …

JIT RAM SHIV KUMAR AND ORS. ETC.versusSTATE OF HARYANA AND ANR. ETC.

1980 INSC 86Dismissed

The Municipal Committee of Bahadurgarh had repeatedly promised that the Fateh Mandi would be exempt from octroi duty, a promise later withdrawn by the State of Haryana under its statutory powers. The petitioners, who bought plots in the market relying on the exemption, challenged the State's order …

NEPAL SINGHversusSTATE OF UP. AND ORS.

1980 INSC 84Dismissed

The appellant, a temporary Sub‑Inspector of Police, was removed from service after his name was placed on a list of officers of low reputation during a police‑wide purge. He had earlier faced disciplinary proceedings for a second marriage, which were quashed. He challenged the termination as a …

CONSOLIDATED COFFEE LTD. AND ANR. ETC.versusCOFFEE BOARD, BANGALORE ETC. ETC.

1980 INSC 83

The Coffee Board conducts export auctions of coffee and requires registered exporters to furnish security deposits and, under a 1977 circular, contingency deposits or bank guarantees equal to the sales tax that would have been payable despite the exemption granted by Section 5(3) of the Central …

OIL AND NATURAL GAS COMMISSION AND ORS.versusDR. MOHD. S. ISKENDER ALI

1980 INSC 81Appeal(s) allowed

Dr. Md. S. Iskender Ali was appointed as a temporary medical officer in the Oil and Natural Gas Commission on a one‑year probation that could be extended at the authority's discretion. During his probation a departmental enquiry was initiated for alleged negligence, but it was not pursued and no …

RAJENDRA NARAIN SINGH AND OTHERSversusSTATE OF BIHAR AND OTHERS

1980 INSC 76Appeal(s) allowed

The appellants, originally appointed as Inspectors of Police in 1953, were promoted in 1965 to officiate as Deputy Superintendents of Police in temporary posts. In 1974 a gradation list placed them below direct recruits, leading to a writ petition in the Patna High Court, which ordered a fresh list. …

HARJEET SINGH ETCversusUNION OF INDIA AND ORS.

1980 INSC 77Disposed off

B.R. Kapur and Harjeet Singh, directly recruited into the Punjab Police Service in 1951, were promoted to the Indian Police Service (IPS) in 1969. The dispute centered on the assignment of their "year of allotment" and seniority under Rule 3(3)(b) of the IPS (Regulation of Seniority) Rules, 1954, …

R. R. VERMA AND ORS.versusUNION OF INDIA AND ORS.

1980 INSC 78Dismissed

The Supreme Court considered an appeal by R. R. Verma and other direct recruits against the Union of India challenging the Delhi High Court’s dismissal of their writ petition as infructuous and the grant of a certificate of fitness under Article 133. The petitioners argued that Rule 3 of the All …

AMRIK SINGH AND ORS.versusUNION OF INDIA AND ORS.

1980 INSC 79Dismissed

The case concerned V.K. Ahluwalia, a former Deputy Superintendent of Police who had been appointed Superintendent of Police (a cadre post) before being inducted into the Indian Police Service (IPS). He claimed that his year of allotment in the IPS should be fixed as 1961, reflecting his continuous …

SHUKLAversusSTATE (DELHI ADMINISTRATION)

1980 INSC 74Disposed off

The Supreme Court examined the conviction of V.C. Shukla and Sanjay Gandhi for alleged conspiracy to destroy the film "Kissa Kursi Ka" under various sections of the Indian Penal Code. The Court held that the Special Courts Act, 1979 – which created special courts for offences by persons holding high …

DBJAPADA DAS AND ANRversusUNION OF INDIA AND ORS.

1980 INSC 75Dismissed

The Supreme Court examined writ petitions filed by former coal‑mine workers alleging that Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976, which bans coal mining by any agency other than those specified, violated Article 14 by discriminating against them. The petitioners also …

MAHINDRA NATH SHUKLA AND ORS.versusSTATE OF BIHAR AND ORS. ETC.

1980 INSC 80Dismissed

The Supreme Court examined whether Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976 barred the extraction of coking coal. Petitioners argued that the amendment applied only to ordinary coal mines, not to coking coal mines, relying on the separate legislative history of …

SULTAN AHMD. OWASIversusMOHD. OSMAN SHAHEED AND ORS.

1980 INSC 72Appeal(s) allowed

Two election petitions were filed by defeated candidates alleging that the elected candidate, Sultan Ahmad Owasi, indulged in corrupt practice by delivering speeches that promoted religious hatred. The appellant denied making any such speeches and sought to prove an alibi, claiming he was in Adoni …

PARASRAM HARNAND RAOversusSHANTI PRASAD NARINDER KUMAR JAIN & ANR.

1980 INSC 73Appeal(s) allowed

The landlord (appellant) had a lease with Laxmi Bank, which was declared the real tenant in a 1948 suit. After the bank was wound up, the Official Liquidator sold the tenancy rights to respondent No.1, who took possession in February 1961. The landlord obtained a decree for eviction of the bank on …

HARI DATT KAINTHLA & ANR.versusSTATE OF HIMACHAL PRADESH & ORS.

1980 INSC 70Dismissed

The appellants, junior subordinate judges in Himachal Pradesh, challenged the promotions of three officers to District/Additional District & Sessions Judge (DSJ/ADSJ) and two officers to a selection‑grade subordinate judge post, arguing that such promotions are selection posts that must be based …

GURBAKSH SINGH SIBBIA ETC .versusSTATE OF PUNJAB

1980 INSC 68Case Partly allowed

Gurbaksh Singh Sibbia, a former minister, faced allegations of political corruption and applied for anticipatory bail under Section 438 of the CrPC, fearing arrest for non‑bailable offences. The Punjab and Haryana High Court dismissed the applications, imposing a series of restrictive conditions and …

MAHALAXMI SUGAR MILLS CO. LTD.versusCOMMISSIONER OF INCOME-TAX, DELHI, NEW DELHI

1980 INSC 69Appeal(s) allowed

Mahalakshmi Sugar Mills Ltd., a sugar manufacturer, claimed deductions for interest paid on arrears of sugarcane cess under the U.P. Sugarcane Cess Act, 1956, in its income‑tax returns for the assessment years 1959‑60, 1960‑61 and 1961‑62. The Income‑Tax Officer disallowed the claims, but the …

BHIMRAO ANNA INGAWALE AND OTHERSversusSTATE OF MAHARASHTRA

1980 INSC 66Disposed off

The case involved six accused who were charged with murder and rioting under sections 302, 149 and 148 of the Indian Penal Code for the deaths of two brothers. A long-standing animosity existed between the families, and on the day of the incident the accused entered the victims' house, dragged them …

SANTOSH MEHTAversusOM PRAKASH AND ANR.

1980 INSC 67Appeal(s) allowed

The appellant, a working woman tenant, paid all rent arrears to her advocate, who failed to deposit the amounts with the court or pay the landlord. The Delhi Rent Controller, relying on Section 15(7) of the Delhi Rent Control Act, 1958, struck out the tenant's defence and proceeded with the …

STATE OF JAMMU & KASHMIRversusSANAULLAH MIR

1980 INSC 62Appeal(s) allowed

The respondent’s ancestor was an Assamidar who held a parcel of land in Srinagar until the Maharaja’s Durbar resumed it in 1894, recording it as "Khalsa" state land and paying only rent, with no compensation. Sixty years later the respondent sought compensation, prompting the State to initiate a …

STATE OF KERALA & ORS. ETC.versusT. N. PETER & ANR. ETC.

1980 INSC 63Appeal(s) allowed

The State of Kerala appealed against a Kerala High Court judgment that struck down Sections 34(1) and 34(2A) of the Cochin Town Planning Act as violative of Article 14. The Supreme Court examined whether the Act's differential treatment of compensation, particularly the exclusion of solatium, …

KRISHAN LALversusSTATE OF HARYANA

1980 INSC 64Dismissed

The petitioner was convicted under Section 376 IPC for raping a girl under 16 years who was sleeping outside her house. He appealed, arguing that the victim's testimony lacked substantial corroboration. The Supreme Court held that in rape cases involving minors, the victim's testimony, when …

STATE OF U.P. AND ANR.versusM. J. SIDDIQUI AND ORS.

1980 INSC 59Appeal(s) allowed

The case concerned the fixation of inter‑se seniority after the merger of Uttar Pradesh’s Provincial Medical Service (PMS) I and II into a single Pradeshik Medical Service. The appellants were direct recruits to PMS I appointed on a temporary basis before the merger, while the petitioners were …

RAGHBIR SINGHversusSIATE OF HARYANA

1980 INSC 60Dismissed

The petitioner, an Assistant Sub-Inspector of Police, was accused of subjecting a theft suspect to severe flagellation in police custody, resulting in the suspect's death by asphyxiation. The trial court convicted the petitioner under Section 302 of the Indian Penal Code for murder and sentenced him …

SOM NATHversusSTATE OF HARYANA

1980 INSC 61Dismissed

Som Nath was convicted of murdering his wife by burning her, based largely on three dying declarations made by the victim. He filed a Special Leave Petition challenging the admissibility and credibility of those declarations under Section 32 of the Indian Evidence Act. The Supreme Court held that …

JAI SINGH JAIRAM TYAGI ETC.versusMAMANCHAND RATILAL AGARWAL AND ORS.

1980 INSC 56Dismissed

The landlords of a premises in Kirkee Cantonment sued the tenant for possession and rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The suit was decreed, appealed, and a compromise decree was entered on 12 July 1967 giving the tenant time to vacate. After the Supreme …

THE PALACE ADMINISTRATION BOARDversusRAMA VERMA BHARATHAN THAMPURAN & ORS.

1980 INSC 54Case Partly allowed

The Supreme Court reviewed a petition by the Palace Administration Board challenging its earlier order on the partition of the Cochin royal family's assets. The Board sought clarification on three points: whether the Kerala Joint Hindu Family System (Abolition) Act, 1975 applied to the royal family, …

DR. RAJENDRA PRAKASH SHARMAversusGYAN CHANDRA & ORS.

1980 INSC 55Dismissed

Dr. Rajendra Prakash Sharma claimed title to a house he purchased under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, asserting that it had been declared evacuee property and that the sale was valid. The respondents argued that no declaration under Section 7 of the …

KATYANI DAYAL AND ORS.versusUNION OF INDIA AND ORS.

1980 INSC 52Dismissed

The petitioners, appointed as Temporary Assistant Engineers between 1955 and 1964 under a special scheme, claimed they were members of the Indian Railway Service of Engineers (IRSE) Class I and were entitled to promotion under Rule 133(3)(c) and equal treatment under Articles 14 and 16 of the …

SUNIL KUMAR BANERJEEversusSTATE OF WEST BENGAL AND ORS.

1980 INSC 53Dismissed

Sunil Kumar Banerjee, an IAS officer, was subjected to a disciplinary enquiry under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969. The Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal acted as the Enquiry Officer and recommended reduction in rank. The …

RAMESH CHANDRA ETCversusSTATE OF U.P. ETC.

1980 INSC 51Case Partly allowed

The Supreme Court examined the Uttar Pradesh Krishi Utpadan Mandi Act and its 1965 Rules concerning the declaration of market areas, the constitution of market committees, and the levy of market fees on agricultural produce. Traders challenged the validity of declaring large geographic areas as …

N. K. V. BROS (P) LTD.versusM. KARUMAI AMMAL AND ORS. ETC.

1980 INSC 50Dismissed

The petitioner, N.K. V. Bros (P) Ltd., owned a stage carriage that, after nightfall, struck an over‑hanging high‑tension wire, killing eight passengers and injuring many others. The driver was tried under IPC s.304A but was acquitted on the ground that the accident was an act of God. The Accident …

PRADESH KUMAR BAJPAIversusBINOD BEHARI SARKAR

1980 INSC 49Appeal(s) allowed

Pradesh Kumar Bajpai, the landlord, sued Binod Behari Sarkar for eviction, arrears of rent and mesne profits. The tenant argued that, despite the Uttar Pradesh (Temporary) Control of Rent and Eviction Act being applicable, he was entitled to the relief under Section 114 of the Transfer of Property …

N.C. SHINGHALversusUNION OF INDIA

1980 INSC 47Dismissed

The appellant, Dr. N.C. Shinghal, a senior ophthalmologist, claimed that he should have been promoted to Supertime Grade II on 18 February 1971 when a vacancy was created by converting an unspecified specialist post at Willingdon Hospital, and that the subsequent promotion of other doctors …

CHARLES K. SKARIAversusDR. C. MATHEW

1980 INSC 48

The Kerala State medical colleges reserved 2% of post‑graduate ophthalmology seats for candidates from outside the state, and allowed extra marks for diploma holders even when diploma certificates were not attached to the application. The High Court struck down the 2% reservation and quashed …

VISHESH KUMARversusSHANTI PRASAD

1980 INSC 46Dismissed

The Supreme Court considered five civil revision petitions filed under Section 115 of the Code of Civil Procedure (CPC) that were dismissed by the Allahabad High Court on the ground of lack of jurisdiction. The Court examined whether the High Court could exercise revisional jurisdiction under …

KUSHALBHAI MAHOJIBHAI PATELversusFIRM OF MOHMADHUSSAIN RAHIMBUX

1980 INSC 45Appeal(s) allowed

K.M. Patel sued the firm of Mohamad Hussain for the price of 225 bags of tobacco that he had delivered to the firm, alleging that the firm had placed an order with him and later issued four cheques which were dishonoured. The defendant denied any contract, claiming the goods were ordered from …

R. R. ENGINEERING CO.versusZILA PARISHAD, BAREILLY & ANR.

1980 INSC 43Dismissed

R.R. Engineering Co., a partnership engaged in manufacturing, challenged the "Circumstances and Property Tax" levied by the Zila Parishad of Bareilly and by a Town Area Committee in Kuraoli, arguing that the tax was in substance a tax on income or professions and therefore exceeded the …

NIRANJAN SINGH & ANR.versusPRABHAKAR RAJARAM KHAROTE & ORS.

1980 INSC 44Disposed off

The petitioner, a complainant, alleged that police officers abducted and murdered his brother. A private complaint led to an inquiry under Section 202 Cr.P.C., after which non‑bailable warrants were issued. The accused police applied for bail; the Sessions Court granted bail with conditions, and the …

STATE OF GUJARAT & ANR.versusVAGHELA DAYABHAI CHATURBHAI & ORS.

1980 INSC 42Appeal(s) allowed

The case concerned the validity of a Gujarat Government Resolution dated 28 December 1966 that discontinued public auctions for bhatha lands and instead allocated lease‑hold rights preferentially to bona‑fide agriculturists, Harijans, Adivasis, backward classes and cooperative societies. Petitioners …

STATE OF MAHARASHTRAversusMOHD. Y AKUB S/0 ABDUL HAMID & ORS.

1980 INSC 40Appeal(s) allowed

The State of Maharashtra charged three men with attempting to smuggle 43 silver ingots out of India, violating the Foreign Exchange Regulation Act, the Imports and Exports (Control) Act and the Customs Act. The accused, who were the driver of a jeep, the driver of a truck and a cleaner, argued that …

FRANCES CORALIE MULLINversusW. C. KHAMBRA & ORS.

1980 INSC 37Dismissed

Mrs. Frances Coralie Mullin, a British national, was detained on 23 November 1979 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. She filed a writ petition under Article 32 alleging that her right to make a representation under Article 22(5) was violated …

MANTOO MAJUMDAR & BASDEV SINGHversusSTATE OF BIHAR

1980 INSC 35Case Allowed

Mantoo Majumdar and Basdev Singh were detained for over seven years in Bihar prisons on the basis of alleged involvement in 1971-72 offences, without any charge sheet or completed investigation. They filed a habeas corpus petition under Article 32 of the Constitution challenging the legality of …

THE TULSIPUR SUGAR CO. LTD.versusTIIE NOTIFIED AREA COMMITTEE, TULSIPUR

1980 INSC 38Dismissed

The Tulsipur Sugar Co. Ltd., whose factory lay in Shitlapur village, was brought within the jurisdiction of the Tulsipur Town Area Committee by a 1955 notification under Section 3 of the U.P. Town Area Act. Later, octroi was levied on goods entering the factory through a draft (Oct 1959) and final …

KALLYANIversusNARAYANAN AND ORS.

1980 INSC 36Appeal(s) allowed

Karappan, a Hindu father, executed a registered deed (Ext. P‑1) describing the distribution of his property among his two wives, their children and his father's second wife. After his death, Kallyani, the widow of his son Raman, sued for partition and a one‑fourth share in the properties listed in …

MEET SINGHversusSTATE OF PUNJAB

1980 INSC 39Dismissed

Meet Singh was convicted under Section 161 of the IPC and Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to one year rigorous imprisonment on each count, to run concurrently, together with a fine. The Punjab & Haryana High Court, while upholding the conviction, reduced the …

UNION OF INDIA ETC.versusK. R. TAHILIANI & ANR.

1980 INSC 34Dismissed

Two government servants, including K.R. Tahiliani, were compulsorily retired under Rule 56(j)(i) of the Fundamental Rules after turning 50 while serving in an officiating capacity in Class I or Class II posts. They challenged the retirements through petitions under Article 226, and the Union …

STATE OF GUJARATversusPATEL BAVA KARSAN & ORS.

1980 INSC 33Appeal(s) allowed

The State of Gujarat, through the Ahmedabad Municipal Corporation, issued a notice under Section 233 of the Gujarat Municipality Act to evict Patel Bava Karsan from a piece of municipal land on the ground of unauthorized occupation. The respondent challenged the notice invoking Articles 14 and 19 of …

BABU RAO PATELversusSTATE OF DELHI

1980 INSC 32Dismissed

The appellant, editor of the magazine 'Mother India', was convicted under Section 153A of the Indian Penal Code for two articles titled 'A Tale of Two Communalisms' and 'Lingering Disgrace of History'. He argued that the articles were political theses and historical protests, not attacks on any …

RAMCHANDRA A. KAMATversusUNION OF INDIA AND ORS.

1980 INSC 30Case Allowed

Ramchandra A. Kamat was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and arrested on 5 September 1979. He sought to make a representation against his detention but was denied copies of the statements and documents referred to in …

SHYAM AMBALAL SIROYAversusUNION OF INDIA AND OTHERS

1980 INSC 31Case Allowed

The petitioner’s brother was detained on 31 August 1979 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He made two representations to the Central Government, invoking section 11 of the Act for revocation of the detention, but …

STATE OF U.P.versusRAM BABU MISRA

1980 INSC 29Dismissed

The State of Uttar Pradesh investigated Ram Babu Misra for offences under Sections 120‑B, 420, 468 and 471 IPC and asked the Chief Judicial Magistrate to order the accused to provide a specimen writing for comparison with disputed documents. The magistrate refused, holding that Section 73 of the …

HAZARI LALversusDELHI ADMINISTRATION

1980 INSC 27Dismissed

Hazari Lal, a police constable, demanded a Rs.60 bribe for releasing the complainant's scooter rickshaw. The complainant reported the demand to the Anti‑Corruption Department, where an inspector set a trap by marking six currency notes with phenol‑phthalene powder and handing them to the …

RAGHUNANDAN SINGH & ORS.versusBRIJ MOHAN SINGH & ORS.

1980 INSC 28Appeal(s) allowed

The appellants, former zamindars, had granted two Thekas (leases) to the respondents in 1933 and 1943, permitting the lease‑holders to remain in possession, sublet, and collect government revenue. The dispute centered on whether the respondents qualified as hereditary tenants under Section 12 of the …

NIROD BARAN BANERJEEversusDY. COMMISSIONER OF HAZARI BAGH

1980 INSC 25Dismissed

The appellant sought compensation for land acquired by the State of Bihar and was awarded Rs. 20,231.67, which he contested as being far below the market value of Rs. 2,80,000. The matter was referred to a three‑member arbitration board, which confirmed the compensation award. The appellant …

UTTAM CHANDversusSTATE OF MAHARASHTRA & ANR.

1980 INSC 26Appeal(s) allowed

Uttam Chand filed a return showing 370 acres of land, but claimed that a 1956 partition gave him 202 acres, after which he transferred 51 acres and gave some land to his adopted son, who later transferred 93.25 acres to Chand's wife. All these transactions occurred before the Maharashtra …

KASAMBHAI ARDUL REHMANBHAI SHAIKHversusSTATE OF GUJARAT & ANR.

1980 INSC 24Appeal(s) allowed

The accused were charged under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 for adulterating turmeric powder. After the prosecution presented some evidence, a plea‑bargaining arrangement was reached among the prosecution, the defence and the magistrate, …

SUBHASH CHANDRA AND ORS.versusSTATE OF U.P. AND ORS.

1980 INSC 22Dismissed

The petition challenged a condition imposed by the Regional Transport Authority that contract carriage permits could not be renewed for buses older than seven years, alleging it was ultra vires Section 51(2)(x) of the Motor Vehicles Act, 1939 and violated Article 19(1)(g) of the Constitution. The …

RALLIS LNDIA LTDversusSTATE OF ANDHRA PRADESH

1980 INSC 23Dismissed

Rallis India Ltd. claimed exemption from sales tax on its inter‑state cotton purchases for the period April‑June 1969, relying on the Commercial Tax Officer’s orders under section 10 of the Central Sales Tax Act and the proviso to section 6 of the Andhra Pradesh General Sales Tax Act. The State …

SHAH GUMMAN MALversusTHE STATE OF ANDHRA PRADESH

1980 INSC 20

Gumman Mal was found to be in possession of 28 gold biscuits with foreign markings hidden in a secret chamber of his safe. He admitted that the gold was brought from outside the country by an unknown person and that he held no permit under the Reserve Bank of India or the Gold Control Administrator. …

DIRECTOR OF INDUSTRIES, U.P. AND ORS.versusDEEP CHAND AGGARWAL

1980 INSC 21Appeal(s) allowed

The Director of Industries, U.P. advanced a loan of Rs.15,000 to Deep Chand Aggarwal for setting up a cottage industry, secured by a mortgage on his house. When Aggarwal defaulted, the State used Section 3 of the Public Moneys (Recovery of Dues) Act, 1965, read with the Zamindari Abolition and Land …

JOLLY GEORGE VERGHESE & ANR.versusTHE BANK OF COCHIN

1980 INSC 19

The appellants, judgment‑debtors, had decrees for payment of money against the Bank of Cochin and their properties were attached with a receiver appointed. The execution court issued a warrant for their arrest and detention in civil prison under Section 51 of the Code of Civil Procedure and Order 21 …

P. S. R. SADHANANTHAMversusARUNACHALAM & AIIR.

1980 INSC 16Dismissed

The accused, S. R. Sadhanantham, was acquitted by the Madras High Court of murder (s.302 IPC) and assault (s.148 IPC). The victim's brother, Arunachalam, filed a special leave petition under Article 136 of the Constitution, obtained leave, and the Supreme Court set aside the acquittal, restoring …

P. N. ESWARA IYERversusTHE REGISTRAR, SUPREME COURT OF INDIA

1980 INSC 17Dismissed

The petitioners challenged the amendment to Order XL, Rule 3 of the Supreme Court Rules, which allows review petitions to be disposed of by circulation without oral arguments, alleging violations of Articles 14, 19, 21 and the right to a public hearing under Article 32. The Court examined whether …

PABITRA N. RANAversusUNION OF INDIA AND ORS.

1980 INSC 14Case Allowed

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation on 27 September 1979, which the Government received on 28 September but rejected only on 3 November, creating a delay of over a month. …

ASHOK KUMARversusSTATE (DELHI ADMJNISTRATION)

1980 INSC 13Appeal(s) allowed

Ashok Kumar, a 19‑year‑old college student, was convicted of scooter theft (two years' imprisonment and a Rs.2,000 fine) and car theft (converted to an offence under Section 411 IPC, resulting in six months' imprisonment and a Rs.500 fine). He appealed solely on the sentence, arguing his youth and …

JAGDISH SARAN & ORS.versusUNION OF INDIA & ORS .

1980 INSC 11Dismissed

The University of Delhi reserved 70% of its 250 post‑graduate medical seats for its own graduates, denying admission to a Madras University graduate who had qualified in the entrance test. The petitioner challenged the rule under Articles 14, 15 and 16 of the Constitution, arguing it was …

NARENDRA BAHADUR TANDONversusSHANKERLAL (SINCE DECEASED) BY LRS. AND ANR.

1980 INSC 10Appeal(s) allowed

The original owners of a plot in Saharanpur granted a permanent, transferable lease to Patel Mills Ltd. The company went into voluntary liquidation and its liquidator sold the lease‑hold interest to Benaras Bank Ltd., after which the company was dissolved under the Companies Act, 1913. The bank …

ARVIND @ ABASAHEB GANESH KULKARNI & ORS.versusANNA @ DHANPAL PARISA CHOUGULE & ORS.

1980 INSC 9Appeal(s) allowed

The mortgagor Parisa Chougule executed two possessory mortgages in favour of Ganesh Dattatraya Kulkarni and later a simple mortgage. After his death, his adult son Bhupal, acting as manager and guardian, sold four of the ten mortgaged lands to the mortgagee for Rs.3050, the amount largely covering …

HARISH CHANDRA NIGAMversusSTATE OF U.P.

1980 INSC 8Case Partly allowed

Harish Chandra Nigam and Amar Singh were allotted industrial plots on a provisional basis in 1956, but the provisional allotments were cancelled in 1962. Before eviction could be effected, the District Magistrate requisitioned the plots under section 29 of the Defence of India Act, 1962, and took …

MEHARBANSINGHversusBHAGWANTSINGH AND OTHERS

1980 INSC 6Appeal(s) allowed

Meharban Singh and others had mortgaged their khud‑kasht land to Munshi Singh under a usufructuary mortgage. After the Madhya Bharat Zamindari Abolition Act, 1951 came into force, the proprietors' rights vested in the State, but section 4(2) allowed a proprietor to retain possession of land recorded …

KUSA & ORS.versusSTATE OF ORISSA

1980 INSC 7Dismissed

The appellants were convicted of murder under sections 302 and 149 of the IPC based primarily on a dying declaration made by the victim Antarjami to a doctor. The trial court had acquitted them, rejecting the dying declaration as unreliable and finding the eye‑witnesses unreliable. The High Court …

STTE OF MADHYA PRADESHversusSHANKER LAL & ORS.

1980 INSC 5Dismissed

Six lecturers and teachers employed by the Municipal Council of Sagar were transferred by the State Government to schools under another municipal council under the power granted by section 94(7) of the Madhya Pradesh Municipalities Act, 1961. They challenged the transfers, arguing that the statute …

COMMISSIONER OF INCOME-TAX, WEST BENGAL-II, CALCUTTAversusKALYANJI MAVJI & COMPANY

1980 INSC 2Dismissed

Kalyanji Mavji & Co., a coal mining firm, owned several collieries, one of which (South Samia Colliery) was requisitioned by the military from 1942 to 1955. During the occupation the firm paid surface rent, royalty and watch‑ward salaries, which were allowed as business expenses. After the colliery …

VINOD KUMAR CHOWDHRYversusNARAIN DEVI TANEJA

1980 INSC 1Dismissed

The landlady (V. K. Chowdhry) sought eviction of her tenant (N. D. Taneja) under clause (e) of the proviso to section 14(1) of the Delhi Rent Control Act, claiming she needed the premises for her own residence. The Additional Rent Controller refused eviction, finding procedural deficiencies. The …

BHIM SINGH &.ANR.versusKAN SINGH

1979 INSC 277Case Partly allowed

The case concerned a suit for possession of a house in Bikaner, claimed by Bhim Singh and Himmat Singh (plaintiffs) on the basis of a patta issued in their names, while the defendant Kan Singh asserted ownership as a surviving coparcener and alleged the transaction was benami. The trial court held …

NORTHERN INDIA CATERERS (INDIA) LTD.versusLT. GOVERNOR OF DELHI

1979 INSC 274Dismissed

Northern India Caterers (India) Ltd., which runs a hotel and restaurant, challenged a Delhi sales‑tax assessment on the ground that meals served to casual diners were taxable as a sale. The Supreme Court had earlier held that such service was not a sale because diners could not take away unconsumed …

SRI KRISHNA SINGHversusMATHURA AHIR AND ORS.

1979 INSC 278Dismissed

The case concerned a dispute over a house in Varanasi claimed to be property of the Garwaghat Math, a religious institution of the Sant Mat Sampradaya. The appellant argued that the plaintiff, a Sudra, could not be ordained as a sanyasi or mahant and that the house was his personal inheritance, not …

STATE(SPE HYDERABAD)versusAIR COMMODORE KAILASH CHAND

1979 INSC 275Dismissed

The respondent, a retired Air Force officer who had been re‑employed and transferred to the Regular Air Force Reserve and subsequently to the Auxiliary Air Force, was charged under section 5(2) of the Prevention of Corruption Act for offences alleged to have occurred between March 1965 and March …

PREMJI BHAI PARMAR & OTHERS ETC.versusDELHI DEVELOPMENT AUTHORITY & OTHERS

1979 INSC 279Dismissed

The petitioners, allottees of Middle‑Income Group flats constructed by the Delhi Development Authority (DDA), challenged the levy of a surcharge added to the purchase price, alleging it violated Article 14’s equality clause and the DDA’s statutory ‘no‑profit‑no‑loss’ policy. They also contended that …

STATE OF UTTAR PRADESHversusKISHORI LAL MINOCHA

1979 INSC 276Dismissed

The State of Uttar Pradesh sued Kishori Lal for the shortfall of Rs 20,100 that arose when the excise licences he won at a public auction were resold at a lower price because he failed to deposit one‑sixth of the bid amount as required by the Excise Rules. The respondent argued that no contract was …

DHARAM DEV MEHTAversusTHE UNION OF INDIA & OTHERS

1979 INSC 273Appeal(s) allowed

The appellant, D.D. Mehta, a government servant appointed by the Comptroller & Auditor General, was compulsorily retired under Rule 56(j) of the Fundamental Rules by an order issued by the Director of Commercial Audit. The issue before the Supreme Court was whether the Director of Commercial Audit …

SUNIL BATRAversusDELHI ADMINISTRATION

1979 INSC 271Case Allowed

Sunil Batra, a death‑row convict, wrote to the Supreme Court alleging that another prisoner, Prem Chand, had been brutally tortured by a warder in Tihar Jail to extort money. The Court, acting on a habeas corpus petition under Article 32, appointed amicus curiae who verified the injury and the …

VASANT NARAYAN PAWARversusSTATE OF MAHARASHTRA

1979 INSC 269Dismissed

The Supreme Court dismissed a Special Leave Petition filed by Vasant Narayan Pawar, who was convicted for allegedly burning his wife to death. The petitioner argued that the dying declaration of the victim, in which she said her husband should not be beaten even as she was dying, should exonerate …

STATE OF U.P., ETC. ETC.versusSYNTHETICS & CHEMICALS LTD. & ORS. ETC. ETC .

1979 INSC 270Appeal(s) allowed

The State of Uttar Pradesh levied a vend fee on the wholesale sale of denatured spirit and sought to validate the levy through the Uttar Pradesh Excise (Amendment) Act, 1972 and its 1976 re‑enactment. Licensees challenged the fee, arguing that the State lacked legislative competence, that the fee …

C.I.T., MADRASversusK.S. RATHNASWAMY

1979 INSC 268Dismissed

The case concerned K.S. Rathnaswamy, a Ceylon citizen who owned a share in a joint family house in Tamil Nadu but spent most of his time in Ceylon. He filed income‑tax returns claiming resident status, while the Revenue argued he was a non‑resident because he neither maintained nor had a dwelling …

RAJKAPOOR S/O PRITHVIRAJ KAPOORversusLAXMAN S/O KISHANLAL GAVAI

1979 INSC 267Appeal(s) allowed

The producer of the film "Satyam Shivam Sundaram" was prosecuted under Section 292 of the Indian Penal Code for alleged obscenity after a complaint was filed. The film had been granted an "A" certificate for public exhibition by the Central Board of Film Censors under Section 5A of the Cinematograph …

DHANABAL AND ANR.versusSTATE OF TAMIL NADU

1979 INSC 266Case Partly allowed

The appellants Dhanabal and his brother were convicted of murder under IPC s.302 read with s.149 for the killing of their sister‑in‑law Rasayal. The conviction relied heavily on the testimony of PW‑1, 2, 3 and 5, whose statements were recorded in the committal court, later transcribed under CrPC …

NADIAD ELECTRIC CO. LTD.versusNADIAD BOROUGH MUNICIPALITY & ANR.

1979 INSC 264Appeal(s) allowed

The Nadiad Borough Municipality entered a 20‑year electricity supply agreement with Nadiad Electric Co. Ltd. in 1940. When the agreement expired in August 1960, the company refused to continue supply at the original rates, offering only revised rates. The municipality sued for a declaration that, …

HARJIT SINGH MANNversusS. UMRAO SINGH AND OTHERS

1979 INSC 265Dismissed

Harjit Singh Mann challenged the election of S. Umrao Singh on three grounds: the alleged late filing of his nomination paper, failure to make the required oath, and alleged bribery by the respondent. The Supreme Court held that the nomination paper was filed after the statutory deadline of 3 p.m., …

V.C. SHUKLAversusSTATE THROUGH C.B.I.

1979 INSC 262Dismissed

V.C. Shukla was charged under the Special Courts Act, 1979 and the Special Judge ordered that a charge be framed against him. The State raised a preliminary objection, arguing that the order was merely an interlocutory one and that, under section 11(1) of the Act (which contains a non‑obstante …

DHANI RAM GUPTA & ORS.versusLALA SRI RAM & ANR.

1979 INSC 263Appeal(s) allowed

Rattan Lal sold land to Sri Ram and later agreed to reconvey it for a price. Sri Ram sued for specific performance and obtained a decree, which Rattan Lal assigned to Dhani Ram Gupta and another. The assignees filed an execution application under Order XXI‑Rule 16, giving notice to both the …

RAJPUT RUDA MAHA AND ORS.versusSTATE OF GUJARAT

1979 INSC 259Dismissed

Three accused were acquitted by a Sessions Judge for murder and related offences, but the State appealed and the Gujarat High Court convicted them. The appellants then appealed to the Supreme Court under section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. …

COMMISSIONER OF GIFT TAX, BOMBAY ETC.versusSMT. KUSUMBEN D. MAHADEVIA ETC.

1979 INSC 260Dismissed

The assessees, a private limited investment company, claimed that the value of their shares should be determined by the profit‑earning method prepared by chartered accountants, while the Gift Tax and Wealth Tax officers used the break‑up method, resulting in a higher tax liability. The Tribunal …

RAMESHWAR LAL SANWARMALversusCOMMISSIONER OF INCOME-TAX, ASSAM

1979 INSC 261Dismissed

The Hindu Undivided Family (HUF) beneficially owned shares in a private limited company, though the shares were registered in the name of its Karta. The company advanced loans to three business concerns owned by the HUF, and the Income‑Tax Officer treated those loans as "deemed dividend" under …

KHORSHED SHAPOOR CHENAI ETC.versusASSISTANT CONTROLLER OF ESTATE DUTY

1979 INSC 256Appeal(s) allowed

The Supreme Court examined two appeals challenging notices issued by the Assistant Controller of Estate Duty under sections 59(a) and 61 of the Estate Duty Act, 1953, which sought to reopen and rectify estate duty assessments of lands acquired by the government. The Court held that the right to …

SHYAMCHARAN SHARMAversusDHARAMDAS

1979 INSC 257

The landlord sought eviction of the tenant under the Madhya Pradesh Accommodation Control Act, 1961, for failure to pay rent arrears. The trial court allowed the tenant to claim protection under section 12(3) after he deposited the arrears, and dismissed the eviction suit. While the appeal was …

STATE OF MAHARASIITRAversusNATWARLAL DAMODARDAS SONI

1979 INSC 258Appeal(s) allowed

The Anti‑Corruption Bureau raided Natwarlal Damodardas Soni's residence and seized 100 gold biscuits of foreign origin concealed in a jacket; the Customs authorities subsequently took possession. Soni, who was absent at the time, was later convicted under sections 135(a) and (b) of the Customs Act, …

NEELAVATHI AND ORS.versusM. NATARAJAN AND ORS.

1979 INSC 255Appeal(s) allowed

The appellants, sisters, filed a suit for partition and separate possession of their share in ancestral joint family property, alleging they were in joint possession. They paid court fee under Section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. The trial court directed them to pay …

K. KALPANA SARASWATHIversusP. S. S. SOMASUNDRAM CHETTIAR

1979 INSC 253Dismissed

In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the …

K. KALPANA SARASWATHIversusP. S. S. SOMASUNDRAM CHETTIAR

1979 INSC 254Disposed off

In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the …

REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM AND ANR.versusK. KUNHAMBU & ORS.

1979 INSC 249Dismissed

The appeal concerned the validity of Section 60 of the Madras Cooperative Societies Act, 1932, which empowers the State Government to exempt a registered cooperative society from any provision of the Act or to modify its application. The Kerala High Court had struck down a notification issued under …

C.I.T CENTRAL, CALCUTTAversusNATIONAL TAJ TRADERS

1979 INSC 250

The Commissioner of Income Tax cancelled assessments of National Taj Traders under section 33B(1) on the ground that the assessments were erroneous and prejudicial to revenue. The Appellate Tribunal vacated the Commissioner’s ex parte order and remanded the case for fresh assessment, directing that …

STATE OF GUJARATversusBHOGILAL KESHAVLAL & ANR.

1979 INSC 251Appeal(s) allowed

The State of Gujarat issued a Section 4 notification in 1960 indicating that certain land in Ahmedabad might be needed for a public purpose, followed by a Section 6 notification in 1961 to acquire the land at the expense of a cooperative housing society. The first notification was challenged on the …

UNION OF INDIAversusSATISH CHANDRA SHARMA

1979 INSC 252Appeal(s) allowed

The Union of India, acting through the Railway Department, removed a railway inspector, Satish Chandra Sharma, for alleged misconduct and later ordered his reinstatement and back pay through an interim injunction. Sharma failed to comply with the injunction, prompting the trial court, under Order 39 …

MURARI LAL S/O RAM SINGHversusSTATE OF MADHYA PRADESH

1979 INSC 248Dismissed

Murari Lal was convicted of murder and related offences on the basis of two key pieces of evidence: a wrist‑watch belonging to the deceased recovered at his instance, and a handwritten note found beside the dead body that a handwriting expert identified as being written by the appellant. The …

ICE & GENERAL MILLSversusINCOME TAX OFFICER, CENTRAL CIRCLE II, MEERUT

1979 INSC 246Appeal(s) allowed

ICE & GENERAL MILLS, a potato manufacturing and cold‑storage firm, was assessed for the year 1961‑62. The Income‑Tax Officer, under section 34(1) of the Income Tax Act, 1922, initiated reassessment proceedings and in 1965 ordered tax on Rs 1,00,000 of alleged benami income, but the order was …

CONTROLLER OF ESTATE DUTY, WEST BENGALversusUSHA KUMAR & ORS.

1979 INSC 247Case Partly allowed

Woomesh Chandra Banerjee executed a deed of trust in 1939 transferring all his properties to a trust that allocated one‑half of the income for religious purposes and the other half for family expenses. After his death his son, the deceased, became trustee. Upon the son’s death, the question arose …

MANI SUBRAT JAINversusRAJA RAM VOHRA

1979 INSC 245Appeal(s) allowed

Mani Subrat Jain, an advocate, was a tenant of a building owned by Raja Ram Vohra. The landlord sued for possession and the parties entered a compromise whereby Jain agreed to vacate by a specified date, and a decree for possession was passed on 9‑Oct‑1972. The East Punjab Urban Rent Restriction …

GUJARAT STEEL TUBES LTD.versusGUJARAT STEEL TUBES MAZDOOR SABHA

1979 INSC 244Dismissed

Gujarat Steel Tubes Ltd. and its workers' union, Gujarat Steel Tubes Mazdoor Sabha, clashed after the company terminated 853 employees during an illegal strike. The dispute was referred to arbitration under Section 10A of the Industrial Disputes Act, 1947, and the arbitrator upheld the dismissals. …

AMRITLAL RATILAL MEHTA & ANR.versusSTATE OF GUJARAT

1979 INSC 242

Amritlal Ratilal Mehta and Gajanan Gandhi, employees of a private firm, were charged with cheating the Central Excise Department by making false entries in gate passes. They were tried for offences under IPC s.420 read with s.34 (cheating) and s.477‑A read with s.34 (false entry). The magistrate …

PRAMOD KUMARI BHATIAversusOM PRAKASH BHATIA AND ORS.

1979 INSC 239Dismissed

The testator, Pyare Lal Singh Bhatia, executed a will in 1944 leaving a life interest in his property to his second wife Lakshmi Devi and, after her death, to his son Om Prakash. The will also expressly denied any right to the property for the widow and daughters of his pre‑deceased son, while …

STATE OF TAMIL NADUversusR. KRISHNAMURTHY

1979 INSC 240Dismissed

The State of Tamil Nadu appealed the acquittal of R. Krishnamurthy, who had sold gingelly oil adulterated with 15% groundnut oil and claimed it was for external use only. The trial court convicted him under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, but the Sessions Judge …

RAM DEOversusUMRAO SINGH

1979 INSC 241Appeal(s) allowed

Ram Deo, the tenant, entered into a compromise agreement on 13 June 1960 to pay Rs.600 of pre‑agreement rent arrears in monthly instalments of Rs.25 each, alongside Rs.25 of current rent. He later fell into arrears and the landlord, Umrao Singh, served a notice demanding Rs.150, of which Rs.75 …

STATE OF MYSORE & ORS.versusT. V. SUNDARA.M IYENGAR & SONS (P) LTD.

1979 INSC 236Dismissed

The respondent, a motor vehicle dealer from Tamil Nadu, transported new cars and chassis through the State of Mysore en route to other states, covering about 400 miles and making brief halts. The Mysore Road Transport Authority demanded road tax under Section 3(2) of the Mysore Motor Vehicles …

STATE OF BIHAR AND ANRversusJ.A.C. SALDANHA AND ORS.

1979 INSC 235Appeal(s) allowed

A First Information Report alleging fraud by TISCO against the railways led to a criminal case registered at Tatanagar. After the railway police filed a final report under section 173(2) of the CrPC, the State of Bihar, through the Chief Secretary and Chief Minister, directed the Inspector General …

MUNICIPAL COUNCIL, PUSADversusGOKALDAS DOSSA & CO. LTD.

1979 INSC 237Appeal(s) allowed

The Municipal Council of Pusad imposed a Boja and Bale tax on ginning and pressing cotton under Section 66(1)(b) of the Central Provinces Municipalities Act, 1922, in 1932. Gokaldas Dossa & Co. Ltd. challenged the tax in 1967, arguing that it exceeded the ceiling limits set by Article 276 of the …

SHARLF-UD-DINversusABDUL GANI LONE

1979 INSC 234Dismissed

The appellant, Sharif‑ud‑Din, filed an election petition challenging the election of Abdul Gani from the Handwara constituency. The petition was dismissed by the Jammu & Kashmir High Court because the copies of the petition were attested by the appellant’s advocate, Piyare Lal Handoo, rather than by …

SHIV SHANKER DAL MILLS ETC. ETC.versusSTATE OF HARYANA & ORS. ETC.

1979 INSC 233Disposed off

The Supreme Court considered a series of appeals and writ petitions filed by traders who had paid market fees at a 3% rate under Haryana Act No. 32 of 1977, which was later held ultra vires for exceeding the authorized 2% rate. The Court examined whether the market committees were liable to refund …

DADAJI ALIAS DINAversusSUKHDEOBABU & ORS.

1979 INSC 232Dismissed

In the 1978 Maharashtra Legislative Assembly election for the Armori constituency (reserved for Scheduled Tribes), the appellant Dadaji was declared elected, claiming membership in the "Mana" community. The unsuccessful candidate challenged the election, arguing that Dadaji did not belong to any …

BANK OF TRAVANCOREversusGOODLAND PLANTATIONS (P) LTD. N OVEMBE~ 7, 1979

1979 INSC 231Appeal(s) allowed

Goodland Plantations Ltd. subscribed to a monthly chitty run by Orient Bank and paid four instalments, winning the prize. Before the prize could be paid, the Central Government imposed a moratorium on Orient Bank under the Banking Regulation Act, 1949, causing the chitty to be deemed terminated …

MAHANT PARICHCHAN DASversusTHE BIHAR STATE BOARD OF RELIGIOUS TRUSTS & ORS.

1979 INSC 229Dismissed

Mahant Parichchan Das sued to declare that the temples and associated lands were his personal property and not subject to the Bihar Hindu Religious Trusts Act, 1951. The respondents, the Bihar State Board of Religious Trusts and others, contended that the properties formed a Hindu religious trust of …

STATE OF UTTAR PRADESHversusPT. CHANDRA BHUSHAN MISRA

1979 INSC 230Dismissed

The State of Uttar Pradesh appealed a decision of the Allahabad High Court which had ordered a refund of court fees under Section 13 of the Court Fees Act, 1870 after a case was remanded to the lower court under Order XI Rule 23 of the Code of Civil Procedure, 1908 as amended by the High Court. The …

FINANCIAL COMMISSIONER, HARYANA AND OTHERSversusKELA DEVI AND ANOTHER

1979 INSC 228Dismissed

The original owner, Nathi, held about 46 acres, exceeding the permissible 30 acres, and the Collector declared 6 acres and 8 standard units as surplus under the Punjab Security of Land Tenures Act, 1953, allotting them to other tenants. After Nathi's death, his widow Kela Devi and mother Manda, each …

CEMENT MARKETING CO. OF INDIA LTD.versusASSTT. COMMISSIONER OF SALES-TAX, INDORE &ORS.

1979 INSC 225Case Partly allowed

Cement Marketing Co. of India Ltd. sold cement under the Cement Control Order, charging freight as part of a "free on rail destination" price that was paid by purchasers and deducted from invoices. The company omitted the freight amount from its sales‑tax returns, believing it was not part of the …

G. M. SHAHversusSTATE OF JAMMU & KASHMIR

1979 INSC 226Case Allowed

The Supreme Court entertained a writ petition under Article 32 challenging the detention of Shabir Ahmed Shah under Section 8(2) of the Jammu & Kashmir Public Safety Act, 1978. The petitioners argued that the grounds of detention were vague and did not fall within the statutory definitions of …

GANESHMAL JASHRAJversusGOVT. OF GUJARAT ANP ANR.

1979 INSC 227Appeal(s) allowed

Ganeshlal Jashraj was charged under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for selling adulterated turmeric powder to a food inspector. He pleaded not guilty, but after the prosecution evidence closed he was examined under section 313 of the CrPC and, via …

RAJ KAPOOR AND ORS.versusSTATE AND OTHERS

1979 INSC 224Appeal(s) allowed

The appellants, film producers of "Satyan, Shivam, Sundaram", were summoned by a Metropolitan Magistrate under sections 292, 293 and 34 of the IPC after a complaint alleging obscenity. They challenged the summons before the Delhi High Court under section 482 of the Criminal Procedure Code, but the …

STATE OF PUNJABversusGURDIAL SINGH & ORS.

1979 INSC 222Dismissed

The State of Punjab sought to acquire land for a grain market, initially notifying the land of respondents 1‑21 in 1969, later withdrawing it, and re‑notifying in 1971. The High Court struck down that acquisition as mala fide. The State then re‑initiated acquisition using the emergency provisions of …

COL. A. S. IYER & ORS. ETC.versusV. BALASUBRAMANYAM & ORS.

1979 INSC 221Appeal(s) allowed

The case concerned the validity of the Survey of India (Recruitment from Corps of Engineer Officers) Rules, 1950, which gave seniority and promotional advantages to army engineers over civilian recruits. Civilian officers challenged the rules as violative of Articles 14 and 16 of the Constitution, …

ODURU CHENCHULAKSHMAMMA AND ANR.versusDUVVURU SUBRAMANYA REDDY

1979 INSC 217Appeal(s) allowed

The dispute concerned lands in Chittoor district that were transferred to Andhra Pradesh but remained governed by the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. After the Act, a Settlement Officer awarded a ryotwari patta to Challamma, the plaintiff, while the land had …

STATE (DELHI ADMINISTRATION)versusI. K. NANGIA AND ANR.

1979 INSC 218Appeal(s) allowed

The State of Delhi filed a complaint under the Prevention of Food Adulteration Act, 1954 alleging that groundnut oil sold by Ahmed Oomer Bhoy's Delhi branch was adulterated. The complaint named the manufacturers, distributors, retailer, the person nominated under s.17(2) as responsible, and the two …

BANWARI LALversusTIRLOK CHAND & OTHERS

1979 INSC 220Dismissed

Banwarilal claimed to be the adopted son of Govind Ram and sought to inherit properties bequeathed to him in two wills, while Tirlok Chand contested the adoption and the validity of the wills. The trial court and the first appellate court held the wills valid and accepted the adoption based solely …

SHEO NARAINversusSHER SINGH

1979 INSC 214Appeal(s) allowed

The appellant, a tenant of a shop owned by Sher Singh, was served with an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged arrears of rent. The tenant deposited the full arrears, interest and costs with the Rent Controller on 4 May 1967, a week …

UNION OF INDIAversusMOHD. NIZAM

1979 INSC 212Appeal(s) allowed

The respondent, Mohd. Nizam, sent thirty value‑payable parcels from India to Pakistan in 1949. The addressees in Pakistan paid the amounts, but because the money‑order service between the two countries was suspended on 19‑September‑1949, the money was never transferred to India. Nizam sued the Union …

BABU NOORUL HASAN KHANversusRAM PRASAD SINGH & ORS.

1979 INSC 213Dismissed

The ex‑Zamindars of a village claimed that lands given on Theka to the respondents in 1948 became their exclusive Sir and Khudkasht and should be recorded as Bhoomidars after the Zamindari vested under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The respondents contended that …

STATE OF PUNJABversusLABOUR COURT, JULLUNDUR & ORS

1979 INSC 210Appeal(s) allowed

The Supreme Court examined whether the Hydel Upper Bari Doab Construction Project, undertaken by the Punjab Hydel Department, qualified as an "establishment" under Section 1(3)(b) of the Payment of Gratuity Act, 1972, and whether the retrenchment of its workers entitled them to gratuity. It held …

P. C. CHERIYANversusBARFI DEVI

1979 INSC 211

The plaintiff, a landlady, leased premises to the defendant for the business of retreading tyres at a rent of Rs.850 per annum. When the defendant defaulted on rent, the plaintiff served a 30‑day notice to terminate the tenancy. The defendant contended that the lease was for "manufacturing purposes" …

DEPUTY COMMISSIONER OF SALES TAX (LAW) BOARD OF REVENUEversusG. S. PAI & CO.

1979 INSC 208Appeal(s) allowed

The Supreme Court examined whether ornaments and other gold articles purchased by G.S. Pai & Co. for melting qualified as "bullion and specie" under Entry 56 of the Kerala General Sales Tax Act, 1963, and whether the GI pipes sold by the company fell within "water supply and sanitary fittings" under …

COMMISSIONER OF INCOME TAX KERALA, ERNAKULAMversusV.DAMODARAN,TRIVANDRUM

1979 INSC 209Case Partly allowed

The Managing Director of R.K.V. Motors & Timber Ltd withdrew sums which the Income Tax Officer treated as dividend under section 2(6A)(e) of the Income Tax Act, 1922. The dispute centered on whether "accumulated profits" for dividend liability includes the company's current year profits and whether …