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Judgments of 1981

226 judgments · newest first · showing 201–226

STATE OF TAMIL NADU & ORS.versusM. N. SUNDARAJAN

1980 INSC 156Appeal(s) allowed

M.N. Sundarajan, a Section Officer in the Tamil Nadu Secretariat, was compulsorily retired on 2 March 1976 under Fundamental Rule 56(d). He challenged the retirement in the Madras High Court, arguing that the Review Committee which considered his case was improperly constituted, as the Government …

BALDEV RAJ CHADHAversusUNION OF INDIA & ORS.

1980 INSC 153Appeal(s) allowed

Baldev Raj, an Accounts Officer appointed by the Comptroller and Auditor General, was compulsorily retired on 27 August 1975 under F.R. 56(j)(i) by the Accountant General in the name of public interest. He challenged the retirement, arguing that the Accountant General was not the "appropriate …

CHAMPAK LAL H. THAKKAR AND OTHERSversusSTATE OF GUJARAT AND ANOTHER

1980 INSC 154Dismissed

The appellants, directors of Morvi Vegetable Products Ltd., were convicted under Section 22A of the Minimum Wages Act for failing to maintain wage registers and related documents. They contended that their plant, which manufactured vanaspati (hydrogenated vegetable oil), was not an "oil mill" and …

RAFIQversusSTATE OF U.P.

1980 INSC 152Dismissed

Rafiq was convicted by the trial court and affirmed by the High Court for raping a middle‑aged Bal Sewika who was sleeping in a girls' school, and was sentenced to seven years' rigorous imprisonment. He filed a Special Leave Petition before the Supreme Court, contending that the absence of physical …

NEW SATGRAM ENGINEERING WORKS & ANR.versusUNION OF INDIA & ORS. AND VICE VERSA

1980 INSC 151Case Partly allowed

The petitioners, New Satgram Engineering Works and related properties, challenged the takeover of their engineering unit, bungalow and guest house by the Central Government under the Coal Mines (Nationalisation) Act, 1973, seeking a mandamus. The High Court declined to decide whether these assets …

STATE OF GUJARAT & ORS.versusLAL SINGH KISHAN SINGH

1980 INSC 150Dismissed

The State of Gujarat appealed a High Court order that quashed a circular directing police not to grant bail to persons arrested under sections 4 and 5 of the Bombay Prevention of Gambling Act. The respondents were arrested by a Sub‑Inspector on a warrant issued under section 6 of the Act and were …

INDUSTRIAL SUPPLIES PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

1980 INSC 149Case Partly allowed

Industrial Supplies Pvt. Ltd. and another company were managing/raising contractors of two coking coal mines under long‑term agreements that required them to install machinery and other plant. The mines were taken over by the Central Government under the Coking Coal Mines (Nationalisation) Act, …

NANHU & ORS. ETC.versusDELHI ADMINISTRATION & ORS.

1980 INSC 148Disposed off

The Supreme Court examined the Delhi Municipal Corporation's Cycle Rickshaw Bye‑Law (1960, amended 1976) which required that only owners of a cycle rickshaw could obtain a licence to ply for hire. Petitioners challenged this provision, arguing that the criteria for granting licences were arbitrary …

HASMUKH S/O BHAGWANJI M. PATELversusTHE STATE OF GUJARAT & ORS.

1980 INSC 146Dismissed

Lallu Jogi Patel was detained on 31 January 1980 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He sought copies of the documents relied upon in the grounds of detention and permission for his lawyer to interview him. The State …

GANGA RAMCHAND BHARVANIversusUNDER SECRETARY TO THE GOVERNMENT OF MAHARASHTRA & ORS.

1980 INSC 145Disposed off

The petitioners, Indru Ramchand Bharvani and his father Ram Chand Bharvani, were detained under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, after a customs raid on their diamond business. They requested copies of the statements and documents …

COL. AVTAR SINGH SEKHONversusUNION OF INDIA

1980 INSC 143Dismissed

The petitioners, two army colonels, contested the appointment to the sole brigadier post heading Military Farms. The High Court directed the Defence Department to select the best officer, finding both equal in merit but recommending the senior colonel (the respondent) for promotion. The Supreme …

BALKISHAN A. DEVIDAYAL ETC.versusSTATE OF MAHARASHTRA ETC.

1980 INSC 144Dismissed

The appellant was charged under the Railway Property (Unlawful Possession) Act, 1966 for allegedly possessing railway property obtained through forged receipts. An RPF inspector recorded his statements during an inquiry, but the trial magistrate denied the appellant access to copies of documents and …

MINERVA MILLS LTD. & ORSversusUNION OF INDIA & ORS.

1980 INSC 142Disposed off

Minerva Mills Ltd., a textile company, was nationalized under the Sick Textile Undertakings (Nationalisation) Act, 1974, following an investigation and takeover order under the Industries (Development and Regulation) Act, 1951. The petitioners challenged the constitutional validity of certain …

C. C. PADMANABHAN & OTHERSversusTHE DIRECTOR OF PUBLIC INSTRUCTIONS AND OTHERS

1980 INSC 140Appeal(s) allowed

The appellants, who were Assistant Educational Officers (AEO) in the Kerala Education Service, were ordered by a 1977 government letter to be transferred back to the lower post of High School Assistant (HSA) after six years of service. They challenged the reversion as violative of Articles 14 and 16 …

K.K. KRISHNANversusM. K. VIJAYA RAGHAVAN

1980 INSC 141Dismissed

The landlord sought eviction of the tenant under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, alleging the tenant had sublet the premises without consent. The Rent Controller and successive courts upheld the eviction. The tenant argued that Section 108(j) of the …

STATE OF GUJARAT & ORS ETC.versusRAMAN LAL KESHAV LAL & ORS. ETC.

1980 INSC 139Disposed off

The petitioners, former municipal employees now serving in gram or nagar panchayats, sought orders directing the Gujarat government to equate their posts with those in the Panchayat Service, fix seniority, pay scales and extend pay‑commission benefits, arguing that the Panchayat Service is a civil …

SHRISHAILAGOUDA AND OTHERS ETC.versusGURUSANGAPPA RAMASOMAPPA DESAI AND ANOTHER

1980 INSC 136Dismissed

The appellants claimed ownership of certain paragana watan lands that had been resumed under the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950. The respondent, a descendant of the original watandar, applied for regrant of the lands under section 4 of the 1950 Act, while the appellants …

M. N. DODAMANI & ORS.versusU.S. D. WALIKAR (DEAD) BY LEGAL REPRESENTATIVES & ORS.

1980 INSC 137Dismissed

The appellants claimed that a 1927 transfer of two plots of land, recorded as a sale, was in fact a mortgage, and sought debt adjustment under section 4 of the Bombay Agricultural Debtors Relief Act, 1947. The trial court held the transfer was a mortgage but dismissed the claim, invoking protection …

MUNICIPAL COUNCIL, RATLAMversusSHRI VARDHICHAND & ORS.

1980 INSC 138Dismissed

Residents of Ratlam filed a complaint under s.133 of the Criminal Procedure Code alleging that the Municipal Council had failed to provide sanitary facilities, construct drainage, and stop industrial discharge, creating a public nuisance. The Sub‑Divisional Magistrate ordered the municipality to …

RAJPATIversusBACHAN & ANR.

1980 INSC 135Appeal(s) allowed

The appellant challenged the Allahabad High Court's order quashing a magistrate's final decree under CrPC s.145, which granted him possession of disputed land. The magistrate had recorded a finding of breach of peace in the preliminary order but omitted such a finding in the final order. The High …

SADA KAURversusBAKHTAWAR SINGH AND ORS.

1980 INSC 134Dismissed

Sada Kaur, a widow of a Dhaliwal Jat from Tehsil Muktsar, remarried her deceased husband's younger brother in the Karewa form. The brothers of the deceased sued for a declaration that her remarriage caused forfeiture of her life interest in her first husband's estate, seeking a two‑thirds share. The …

SHRI DIGVIJAY WOOLLEN MILLS LTD. ETC.versusMAHENDRA PRATAPRAI BUCH ETC.

1980 INSC 132

The Supreme Court considered two appeals by employers challenging the calculation of gratuity under Section 4(2) of the Payment of Gratuity Act, 1972. The employers had computed the fifteen days' wages component as half of the employee's monthly salary, assuming a 30‑day month, while the employees …

ANNA TRANSPORT CORPORATION LTD.versusREGIONAL TRANSPORT AUTHORITY, DHARMAPURI & ORS.

1980 INSC 131Appeal(s) allowed

Balakrishna Bus Service, a private operator, applied for renewal of its permit which was due to expire on 9 October 1974. Anna Transport Corporation objected and applied for its own permit. While the renewal application was pending, the respondent obtained a stay by filing a writ challenging Rule …

THAMMANNAversusK. VEERA REDDY & ORS.

1980 INSC 133Dismissed

In the 1978 Andhra Pradesh Legislative Assembly election, K. Veera Reddy was elected. V. Krishna Reddy filed an election petition alleging Veera Reddy's disqualification under Section 9A of the Representation of the People Act, 1951. All candidates, including Thammanna (original respondent No.5), …

SHYAM SUNDER PRASAD SINGH & ORS.versusSTATE OF BIHAR & ORS .

1980 INSC 130Dismissed

The Supreme Court examined a long‑standing dispute over the Bettiah Raj estate, focusing on whether Raja Jugal Kishore Singh could be treated as a "putrika‑putra" (a daughter’s son appointed as a son) of Raja Dhrub Singh and thus inherit the estate. The Court analyzed ancient Hindu texts, …