Caselaw | Supreme Court Judgements of february 1991

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Maharani Kusumkumari & ANR Vs. Smt. Kusumkumari Jadeja & ANR [1991] INSC 21 (1 February 1991)

Citation : 1991 Latest Caselaw 21 SC

Hindu Marriage Act, 1955

Headnote :

Appellant No. 1, Maharani, was married to a Maharaja in 1960, and their daughter, appellant No. 2, was born in 1964. Following this, the relationship between the couple deteriorated, leading the appellant to reside in Bombay while the Maharaja remained in his estate in Madhya Pradesh.Respondent No....

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Prem Chand Somchand Shah & ANR Vs. Union of India & ANR [1991] INSC 22 (5 February 1991)

Citation : 1991 Latest Caselaw 22 SC

Constitution of India

Headnote :

The petitioners, engaged in the import-export of diamonds, submitted applications for registration as Export Houses and for Additional Import Licences under Paragraphs 174 and 176 of the Import and Export Policy for 1978-79. These applications were denied by the authorities on the basis that the pet...

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Shankar Pandurang Jadhav & Ors Vs. Vice-Admiral, Flag Officer, Commanding-In-Chief & Ors [1991] INSC 23 (5 February 1991)

Citation : 1991 Latest Caselaw 23 SC

Headnote :

The appellants and Writ Petitioners are currently employed in the Time Keeping Department of the Naval Dockyard in Bombay, which operates under the Western Naval Command. To address the stagnation in the Time Keepers\' cadre due to limited promotion opportunities, the Government of India, through th...

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Jai Prakash Vs. State (Delhi Administration) [1991] INSC 24 (5 February 1991)

Citation : 1991 Latest Caselaw 24 SC

Indian Penal Code, 1860 (IPC)

Jagrup Singh Vs. State of Haryana [1981] INSC 109 (7 May 1981)

Headnote :

The appellant had an illicit relationship with Agya Devi (P.W. 3), the wife of the deceased, and frequently visited her home, which was opposed by the deceased, his two brothers, and their mother who lived in a nearby house. It is noteworthy that Agya Devi was related to the appellant\'s wife. On th...

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Bayer (India) Ltd. & Ors Vs. State of Maharasiftra & Ors [1991] INSC 25 (6 February 1991)

Citation : 1991 Latest Caselaw 25 SC

Headnote :

A writ petition was submitted to the High Court contesting the directive from Respondent No. 2-Corporation, which prohibited any development on the contested land and restricted building construction within a specified distance from the chemical factories, based on requests from the factory owners.T...

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Smt. Sureshta Devi Vs. Om Prakash [1991] INSC 26 (7 February 1991)

Citation : 1991 Latest Caselaw 26 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Marriage Act, 1955
Special Marriage Act, 1954

Headnote :

The appellant-wife and the respondent-husband submitted a petition for divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955 in the District Court, where their statements were recorded. Later, the appellant filed a motion to dismiss the petition, claiming she did not wish to p...

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State of Kerala & ANR Vs. Kanan Devan Hills Produce Co. Ltd. [1991] INSC 27 (7 February 1991)

Citation : 1991 Latest Caselaw 27 SC

Kerala Forest Act, 1961

Headnote :

The conflict between the parties centers on the ownership rights and the right to remove timber that has been clear-felled from 150 acres of forest land in Kallar Valley, located in the former Travancore region of Kerala, commonly referred to as the Kanan Devan Hills Concession area. This area was u...

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Anayatullah & Ors Vs. Commissioner of Muslim Wakf of Jammu [1991] INSC 28 (7 February 1991)

Citation : 1991 Latest Caselaw 28 SC

Headnote :

The Ziarat Shareef of Hazrat Baba Ibrahim, a sacred site located in the Rakhbahu area of Jammu City, was allocated specific land by the State Government through two orders issued on September 22, 1955, and November 29, 1958. Since their father\'s passing in 1963, the management of the Ziarat has bee...

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Smt. Violet Issac & Ors Vs. Union of India & Ors [1991] INSC 29 (8 February 1991)

Citation : 1991 Latest Caselaw 29 SC

Headnote :

Following the death of a Railway employee, a dispute emerged among his wife, sons, daughters, and brother regarding the family pension, gratuity, and other benefits. The deceased employee\'s brother initiated a civil suit in the Sub-judge\'s court seeking a permanent injunction to prevent the appell...

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B. Viswanathiah And Company & Ors Vs. State of Karnataka & Ors [1991] INSC 30 (11 February 1991)

Citation : 1991 Latest Caselaw 30 SC

Constitution of India

Headnote :

The Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act of 1959 established regulations for the production, supply, and distribution of silkworm seeds and cocoons in the State of Mysore. This Act was amended in 1969 and 1979, with the 1979 amendments introducing r...

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Chemicals And Fibres of India Ltd. Vs. Union of India [1991] INSC 31 (11 February 1991)

Citation : 1991 Latest Caselaw 31 SC

Central Excises and Salt Act, 1944
Customs Act, 1962

Headnote :

The appellants are producers of polyester fiber yarn who secured a contract with Imperial Chemical Industries in Singapore to supply the yarn. As part of this agreement, ICI committed to provide the necessary di-methyl-terephthalate (DMT) for free, which was essential for manufacturing polyester sta...

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Director, Lift Irrigation Corporation Ltd. & Ors Vs. Pravat Kiran Mohanty & Ors [1991] INSC 32 (12 February 1991)

Citation : 1991 Latest Caselaw 32 SC

Headnote :

The Lift Irrigation Corporation Ltd. initially offered three types of services: Mechanical, Electrical, and a Composite unit of Mechanical-Electrical, when it was established as a separate entity from the Government. Later, due to administrative needs, the Corporation opted to reorganize its structu...

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Rattan Chand Hira Chand Vs. Askar Nawaz Jung & Ors [1991] INSC 33 (12 February 1991)

Citation : 1991 Latest Caselaw 33 SC

Section 70. Obligation of person enjoying benefit of non-gratuitous act
Section 73. Compensation of loss or damage caused by breach of contract

Headnote :

Nawab Salar Jung III passed away on March 2, 1949, leaving behind a significant estate but no heirs.Several individuals came forward claiming to be his heirs. One of these claimants, Sajjid Yar Jung, lacked the means to substantiate his claim to a portion of the estate. He sought financial assistanc...

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G. Claridge And Company Limited Vs. Collector of Central Excise [1991] INSC 34 (12 February 1991)

Citation : 1991 Latest Caselaw 34 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant was engaged in the manufacturing of egg trays and similar products. Prior to the implementation of the Central Excise Tariff Act, 1985 (the new Tariff) on March 1, 1986, the Central Excise and Salt Act, 1944 (the old Tariff) governed the relevant products. The appellant classified its...

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EMC Steel Limited, Calcutta Vs. Union of India & ANR [1991] INSC 35 (13 February 1991)

Citation : 1991 Latest Caselaw 35 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

This appeal has been lodged against the ruling of the Delhi High Court, which granted the widow-landlady the advantages of section 14-D of the Delhi Rent Control Act, 1958, thereby awarding her possession of the disputed premises.In this Court, the appellant argued, among other points, that the reli...

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S. Surjit Singh Kalra Vs. Union of India & ANR [1991] INSC 36 (13 February 1991)

Citation : 1991 Latest Caselaw 36 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Police Act, 1978
Delhi Police Act, 1978
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The Delhi Rent Control Act, 1958 was modified by Act 57 of 1988, which added Sections 14B to 14D to the Act. This amendment distinguished certain landlords from the general category, granting them specific rights to reclaim immediate possession of their rented properties if they need them for person...

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Des Raj Bhatnagar & ANR Vs. Union of India [1991] INSC 37 (13 February 1991)

Citation : 1991 Latest Caselaw 37 SC

Constitution of India

Headnote :

The petitioners, who were employees of the Central Government, retired from their positions on various dates before March 31, 1979, after being absorbed into a Central Public Sector Undertaking. They opted to commute their original pension for a lump sum as allowed under the Civil Service (Pension)...

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Mukerian Papers Ltd- Vs. State of Punjab [1991] INSC 38 (13 February 1991)

Citation : 1991 Latest Caselaw 38 SC

Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

The appellant, a registered dealer under the Punjab General Sales Tax Act, 1948, shipped a portion of its manufactured goods out of the state without paying the tax on the taxable raw materials used in their production. Consequently, the assessing authority issued a show cause notice due to the appe...

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Jaswant Singh Nerwal Vs. State of Punjab & Ors [1991] INSC 39 (14 February 1991)

Citation : 1991 Latest Caselaw 39 SC

Headnote :

The Punjab Public Service Commission conducted a competitive examination for the recruitment of 71 officers in the Punjab Civil Services (Executive Branch) and Allied Services, as requested by the State of Punjab. According to the Punjab Civil Services (Executive Branch) Rules of 1930, candidates we...

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Gokak Patel Volkart Ltd. Vs. Dundayya Gurushiddaiah Hiremath & Ors [1991] INSC 40 (14 February 1991)

Citation : 1991 Latest Caselaw 40 SC

CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
CrPC Section 472. Continuing offence
Indian Penal Code, 1860 (IPC)
IPC Section 406. Punishment for criminal breach of trust
IPC Section 441. Criminal trespass
IPC Section 448. Punishment for house-trespass
Mines Act, 1952

Headnote :

The Appellant-Company lodged criminal complaints against its employees (the first respondent in each appeal) under Section 630(1)(b) of the Companies Act and Section 406 of the IPC, as they failed to vacate the company quarters for approximately six months following their retirement. The Judicial Ma...

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Narain Das Jain (Since Deceased) By L.Rs. Vs. Agra Nagar Mahapalika [1991] INSC 41 (14 February 1991)

Citation : 1991 Latest Caselaw 41 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant\'s land was taken by the Agra Town Improvement Trust in accordance with the U.P. Town Improvement Act of 1919. The compensation received by the appellant was minimal, and no solatium was provided as it was not applicable under the Act. The appellant then requested a review from the Nag...

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Gurdip Singh & ANR Vs. Amar Singh & ANR [1991] INSC 42 (14 February 1991)

Citation : 1991 Latest Caselaw 42 SC

Hindu Succession Act, 1956

Kothi Satyanarayana Vs. Galla Sithayya & Ors [1986] INSC 248 (21 November 1986)

Headnote :

The appellants\' and respondents\' grandfather had two wives. His first wife and their only son passed away during his lifetime. The deceased son left behind four sons and a daughter. In 1947, the grandfather made three oral gifts of certain properties to his second wife as maintenance. Subsequently...

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New Bank,Of India Vs. N.P. Sehgal & ANR [1991] INSC 43 (15 February 1991)

Citation : 1991 Latest Caselaw 43 SC

Headnote :

Clause 9 of the Appellant Bank\'s promotion policy states that an officer facing disciplinary action may participate in the promotion process, but their promotion will be deferred until they are cleared of the charges. If the officer is exonerated, the promotion will take effect from the date it wou...

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Mathura Refinery Mazdoor Sangh Vs. Indian Oil Corporation Ltd. [1991] INSC 44 (15 February 1991)

Citation : 1991 Latest Caselaw 44 SC

Labourers Work[Ng on Salal Hydro-Project Vs. State of Jammu & Kashmir & Ors [1983] INSC 20 (2 March 1983)

Headnote :

The appellant-Union, which represents approximately 900 casual labourers covered by the Contract Labour (Regulation and Abolition) Act, 1971, includes some members who have formed Co-operative societies and entered into contracts with the respondent-refinery, while others are employed by contractors...

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Daryao Singh Vs. State of Madhya Pradesh [1991] INSC 45 (15 February 1991)

Citation : 1991 Latest Caselaw 45 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant has been found guilty under Section 302/34 of the Indian Penal Code by the High Court for the murder of Nagji, with whom he had a contentious relationship. The prosecution argued that there was ongoing animosity between the appellant\'s family and the deceased, stemming from previous i...

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Smt. P. Leelavathamma Vs. Controller of Estate Duty, Andhra Pradesh, Hyderabad [1991] INSC 46 (15 February 1991)

Citation : 1991 Latest Caselaw 46 SC

Hindu Succession Act, 1956

Headnote :

The High Court, in a case concerning the Estate Duty Act of 1953, determined that when calculating the net principal value of the estate for the purposes of the Act, the appellant could not deduct either the estate duty owed on the estate or the expenses related to the maintenance of the deceased\'s...

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Spences Hotel Pvt. Ltd. & ANR Vs. State of West Bengal & Ors [1991] INSC 47 (15 February 1991)

Citation : 1991 Latest Caselaw 47 SC

Bombay Motor Vehicles Tax Act, 1958
Bombay Motor Vehicles Tax Act, 1958
Constitution of India

State of Kerala Vs. Haji K. Haji K. Kutty Naha & Ors [1968] INSC 191 (13 August 1968)

Headnote :

The appellant company operated a hotel, bar, and restaurant that included air-conditioning services. The second respondent, the Collector of Calcutta, aimed to impose a luxury tax on the company according to the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972, which wa...

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Smt.Gracy Vs. State of Kerala & ANR [1991] INSC 48 (15 February 1991)

Citation : 1991 Latest Caselaw 48 SC

Constitution of India

Headnote :

The petitioner\'s son was arrested on October 19, 1989, on charges of being involved in large-scale illegal cultivation of ganja plants, violating the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Magistrate who heard his case denied the bail application, but the Sessions Cour...

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Om Prakash Puri ANR Vs. State of West Bengal & Ors [1991] INSC 49 (16 February 1991)

Citation : 1991 Latest Caselaw 49 SC

Headnote :

According to the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act of 1972, which was amended in 1974, the appellants were required to make an ad-hoc luxury tax payment amounting to Rs. 2,40,000. After the Hotel Association\'s representation to the Respondents was rejected, th...

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K. Venkata Seshiah Vs. Kanduru Ramasubbamma [1991] INSC 50 (19 February 1991)

Citation : 1991 Latest Caselaw 50 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Respondent No. 1 adopted the petitioner-appellant, who had two wives. With the first wife, he had a son, Respondent No. 2, and with the second wife, he had another son, Respondent No. 3. During the ongoing special leave petition, the adoptive mother of the appellant passed away.Respondents 2 and 3 c...

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Rajratha Naranbhai Mills. Co. Ltd. Vs. Sales Tax Officer, Petlad [1991] INSC 51 (19 February 1991)

Citation : 1991 Latest Caselaw 51 SC

Headnote :

The appellant company was ordered to be liquidated by a court ruling on June 26, 1967. The liquidator called upon creditors to substantiate their debts or claims and to establish their entitlement to determine priority under section 530(1)(a) of the Companies Act, 1956. The Sales Tax Officer submitt...

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State of West Bengal & Ors Vs. Debdas Kumar & Ors [1991] INSC 52 (19 February 1991)

Citation : 1991 Latest Caselaw 52 SC

Constitution of India

Headnote :

The appellants in these cases are diploma-holding engineers working in various departments of the Government of West Bengal as Operator-cum-Mechanics, Electricians, and similar roles, earning a salary in the range of Rs. 230-425.Following the amendment to the West Bengal Services (Revision of Pay an...

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

Citation : 1991 Latest Caselaw 53 SC

Bombay City Civil Court Act, 1948
Code of Civil Procedure, 1908 (CPC)
Delhi High Court Act, 1966
General Clauses Act, 1897
Section 69. TPA, Power of sale when valid.

Headnote :

Respondent No. 1, a Private Limited Company, was granted a loan of Rs. 30 lakh by the Appellant-Corporation for establishing a factory. To secure this loan, the Company executed a mortgage deed on certain properties, and Respondents 2 to 4, as its directors, signed a personal Surety Bond without any...

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Harbans Singh Vs. Guran Ditta Singh [1991] INSC 54 (20 February 1991)

Citation : 1991 Latest Caselaw 54 SC

Limitation Act, 1963
Section 101. TPA, No merger in case of subsequent encumbrance.
Section 6. TPA, What may be transferred.
Section 60. TPA, Right of mortgagor to redeem.
Transfer of Property Act, 1882

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Puran Singh Sahni Vs. Smt. Sundari Bhagwandas Kripalani & Ors [1991] INSC 55 (20 February 1991)

Citation : 1991 Latest Caselaw 55 SC

Constitution of India
Indian Easements Act, 1882
Section 105. TPA, Lease defined.

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Ajeet Singh Singhvi Vs. State of Rajasthan & Ors [1991] INSC 56 (20 February 1991)

Citation : 1991 Latest Caselaw 56 SC

Rajasthan Administrative Service Rules, 1954

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Bhavani Tea And Produce Co. Ltd. Vs. State of Kerala & Ors [1991] INSC 57 (20 February 1991)

Citation : 1991 Latest Caselaw 57 SC

Gwalior
States Reorganisation Act, 1956

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Lakhan Sao Vs. Dharamu Chaudhary [1991] INSC 58 (20 February 1991)

Citation : 1991 Latest Caselaw 58 SC

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Ram Kumar & Ors Vs. Union of India & Ors [1991] INSC 59 (21 February 1991)

Citation : 1991 Latest Caselaw 59 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894

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A.L.A. Firm Vs. Commissioner of Income Tax, Madras [1991] INSC 60 (21 February 1991)

Citation : 1991 Latest Caselaw 60 SC

Gwalior
Income Tax Act, 1961

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Captain Subash Kumar Vs. Principal Officer, Mercantile Marine Department, Madras [1991] INSC 61 (22 February 1991)

Citation : 1991 Latest Caselaw 61 SC

Co-operative Societies Act, 1912
Constitution of India
CrPC Section 482. Saving of inherent power of High Court

Headnote :

The appellant served as the Master of the merchant vessel M.V. Eamaco when it sank approximately 232 nautical miles from India. He held a Master\'s certificate issued by the Director General of Shipping in Calcutta. The ship was owned by a company based in Singapore and was registered under the Pana...

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Ram Saran & ANR Ect. Vs. State of Punjab & Ors [1991] INSC 62 (22 February 1991)

Citation : 1991 Latest Caselaw 62 SC

Constitution of India

Headnote :

In the Punjab Excise and Taxation Department, there were two distinct groups known as \"Assistant Excise & Taxation Officers,\" which operated under the State Service Class III-A Rules of 1956, and \"Excise & Taxation Officers,\" which were governed by the State Service Class II Rules. According to...

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Mohan Lal Shamlal Soni Vs. Union of India & ANR [1991] INSC 63 (22 February 1991)

Citation : 1991 Latest Caselaw 63 SC

Constitution of India
Customs Act, 1962

Headnote :

The appellant\'s business and residential premises were searched by the Customs Department, resulting in the seizure of gold ingots with foreign markings, gold jewelry, silver bricks, coins, and cash amounting to Rs. 79,000. The Assistant Collector of Customs subsequently filed two separate complain...

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Mithlesh Kumari & ANR Vs. Fateh Bahadur Singh & ANR [1991] INSC 64 (22 February 1991)

Citation : 1991 Latest Caselaw 64 SC

Section 43. TPA, Transfer by unauthorised person who subsequently acquires interest in property transferred.

Headnote :

The first respondent initiated legal action against the second respondent (defendant No. 1) and the appellants (defendant Nos. 2 and 3) seeking specific performance of a contract in which the second respondent had agreed to sell his land to the first respondent for Rs. 5,000. Of this amount, Rs. 4,0...

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Nain Singh & ANR Vs. State of Uttar Pradesh [1991] INSC 65 (22 February 1991)

Citation : 1991 Latest Caselaw 65 SC

Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

On December 23, 1976, around 1 p.m., Bali (the deceased) was in his field with PWs 1 and 5 when four appellants, each wielding a lathi, along with Braham Singh, who was armed with a ballam, arrived at the scene. Following Chandroo\'s incitement, the appellants and Braham Singh attacked Bali with the...

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Pundalik Vs. District Deputy Registrar, Co-Operative Societies, Chandrapu [1991] INSC 66 (22 February 1991)

Citation : 1991 Latest Caselaw 66 SC

Headnote :

The appellant was elected as a Director of the District Central Co-operative Bank in Chandrapur, Maharashtra on August 18, 1986, representing the Brehmapuri Agricultural Sales and Purchase Society. On January 8, 1987, the District Deputy Registrar of Co-operative Societies in Chandrapur issued a not...

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Bihar State Road Transport Corporation Vs. State Transport Tribunal & Ors [1991] INSC 67 (22 February 1991)

Citation : 1991 Latest Caselaw 67 SC

Motor Vehicles Act, 1939

Headnote :

The State Transport Authority of Bihar has called for applications to grant Stage Carriage permits for the route Bhukunda-Chaibasa, which passes through Patratu, Pithoria, Kanke, Ranchi, and Chakradharpur. Notably, the segment from Ranchi to Chaibasa is part of a notified Scheme that has been in eff...

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K. Murugan Vs. Fencing Assn. of India, Jabalpur & Ors [1991] INSC 68 (22 February 1991)

Citation : 1991 Latest Caselaw 68 SC

Headnote :

The Indian Olympic Association was established as a society under the Societies Registration Act, primarily aimed at sponsoring, overseeing, financing, regulating, and managing all sports activities related to Asian, Commonwealth, Olympic, and international competitions. The Society operated under a...

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