Caselaw | Supreme Court Judgements of 1991

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Sagar Mahavidyalaya, Sagar Vs. Pandit Sadashiv Rao Harshe & Ors [1991] INSC 151 (12 July 1991)

Citation : 1991 Latest Caselaw 151 SC

Headnote :

Govind Rao Harshe mortgaged some agricultural land and a house to Lakshmi Chand and Duli Chand Modi. The mortgagees initiated legal proceedings and secured a preliminary decree, followed by a final decree for the sale of the property to recover Rs. 5001/13/6 on March 26, 1938. They sought to execute...

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Gulabbai Vs. Nalin Narsi Vohra & Ors [1991] INSC 152 (15 July 1991)

Citation : 1991 Latest Caselaw 152 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Jammu and Kashmir Houses and Shops Rent Control Act, 1966

Headnote :

The appellant-plaintiff filed a Regular Civil Suit in the Joint Civil Judge\'s court in Ahmednagar, seeking vacant possession of the suit property along with arrears of rent. The appellant claimed that the defendants were occupying the suit shop under a monthly rental agreement, which began on the f...

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Associated Engineering Co. Vs. Government of Andhra Pradesh & ANR [1991] INSC 153 (15 July 1991)

Citation : 1991 Latest Caselaw 153 SC

Headnote :

Disputes emerged between the Respondent State and the Contractor regarding the cement concrete lining as per an agreement related to the construction of the Nagarjunasagar Dam. An Arbitrator Umpire was appointed, and both parties submitted their pleadings and documents to him.There were 15 claims in...

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Khujji @ Surendra Tiwari Vs. The State of Madhya Pradesh [1991] INSC 154 (16 July 1991)

Citation : 1991 Latest Caselaw 154 SC

CrPC Section 174. Police to enquire and report on suicide, etc
CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant was found guilty by the lower courts under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment for the murder of an individual named G. It was claimed that while the deceased and his companion, PW-4, were traveling in a rickshaw driven by PW-3, the appellant a...

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Gurmej Singh & Ors Vs. State of Punjab [1991] INSC 155 (16 July 1991)

Citation : 1991 Latest Caselaw 155 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellants and the deceased, Harnam Singh, were neighbors who had a contentious relationship due to issues regarding the drainage of sullage water and local elections. The prosecution claimed that a few months prior to the incident, the appellants had redirected their sullage water towards Harna...

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Burn Standard Company Ltd. & ANR Vs. Union of India & Ors [1991] INSC 156 (16 July 1991)

Citation : 1991 Latest Caselaw 156 SC

Central Excises and Salt Act, 1944
Constitution of India

Headnote :

The appellant-company produced railway wagons according to the specifications, terms, and conditions outlined in the agreements made with the Railway Board over time. The Railway Board provided wheel-sets, axle boxes, and various other finished components, referred to as \"free supply items,\" to th...

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Harendra Narain Singh Vs. State of Bihar [1991] INSC 157 (17 July 1991)

Citation : 1991 Latest Caselaw 157 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Appellants 1 and 2, along with other co-defendants, faced prosecution for murder. The evidence presented was entirely circumstantial: (a) Appellant-2 committed the murder in Appellant-1\'s dispensary, with Appellant-1\'s complicity; (b) the deceased\'s body was removed from Appellant-1\'s dispensary...

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Shivaji Dayanu Patil & ANR Vs. Smt. Vatschala Uttam More [1991] INSC 158 (17 July 1991)

Citation : 1991 Latest Caselaw 158 SC

Fatal Accidents Act, 1855
Motor Vehicles Act, 1939

Skandia Insurance Co. Ltd. Vs. Kokilaben Chandravadan & Ors [1987] INSC 92 (1 April 1987)
State of Haryana Vs. Darshana Devi & Ors [1979] INSC 34 (12 February 1979)

Headnote :

A collision occurred on the highway involving a petrol tanker and a truck, causing the tanker to veer off the road and tip over at a distance from the highway. This incident led to a petrol leak that accumulated nearby. Approximately four hours later, an explosion erupted from the petrol tanker, ign...

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Rajendra And Two Others Vs. State of Madhya Pradesh [1991] INSC 159 (18 July 1991)

Citation : 1991 Latest Caselaw 159 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

Appellant No. 1 was found to be displaying and selling tea dust. The Food Inspector, P.W. 1, purchased a sample of the tea dust for testing. Appellant No. 1 informed P.W. 1 that the shop was operated as a partnership among the three brothers, appellants No. 1 to 3.Following the receipt of the Public...

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State of U.P. & ANR Vs. M/S. Synthetics And Chemicals Ltd. & ANR [1991] INSC 160 (18 July 1991)

Citation : 1991 Latest Caselaw 160 SC

Bombay Prohibition Act, 1949
Constitution of India
Government of India Act, 1935
Industries (Development and Regulation) Act, 1951

Headnote :

The Uttar Pradesh Sales of Motor Spirit, Diesel Oil and Alcohol Taxation (Amendment) Act, 1976 modified sub-section (1) of section 3 of the United Provinces Sales of Motor Spirit, Diesel Oil and Alcohol Taxation Act, 1939, aiming to impose a purchase tax on industrial alcohol. This amendment was con...

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Bangalore Medical Trust Vs. B.S. Muddappa & Ors [1991] INSC 161 (19 July 1991)

Citation : 1991 Latest Caselaw 161 SC

Bangalore Development Authority Act, 1976
Karnataka Town and Country Planning Act, 1961

Headnote :

A location in Bangalore was designated as an open space under an improvement plan established by the City of Bangalore Improvement Act of 1945. This Act was later replaced by the Bangalore Development Authority Act of 1976, which recognized the previously established scheme as valid under the new le...

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S.S. Dhanoa Vs. Union of India & Ors [1991] INSC 162 (24 July 1991)

Citation : 1991 Latest Caselaw 162 SC

Representation of the People Act, 1951

Headnote :

Article 324(2) of the Constitution grants the President the authority to determine and appoint a varying number of Election Commissioners as deemed necessary. On October 7, 1989, the President set the number of Election Commissioners at two. Following this, on October 16, 1989, the President appoint...

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Mr. Louis De Raedt & Ors Vs. Union of India & Ors [1991] INSC 163 (24 July 1991)

Citation : 1991 Latest Caselaw 163 SC

Citizenship Act, 1955
Constitution of India

Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta & Ors [1955] INSC 7 (23 February 1955)

Headnote :

The Petitioners, who are foreign nationals involved in Christian missionary activities, have been residing in India continuously for a significant period, dating back to before independence. They have maintained their stay through residential permits that were periodically renewed. In 1985, an order...

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K. Veeraswami Vs. Union of India & Ors [1991] INSC 164 (25 July 1991)

Citation : 1991 Latest Caselaw 164 SC

Contempt of Courts Act, 1971
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 77. Act of Judge when acting judicially
Judges (Inquiry) Act, 1968
Judicial Officers Protection Act, 1850
Prevention of Corruption Act, 1988

Headnote :

A complaint was lodged against the appellant, a former Chief Justice of a High Court, with the CBI, leading to the registration of a case under section 5(2) in conjunction with section 5(1)(e) of the Prevention of Corruption Act, 1947, on February 24, 1976. The First Information Report (F.I.R.) was...

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Anil Kumar Soni Vs. The Managing Director, Punjab Financial Corporation & ANR [1991] INSC 165 (25 July 1991)

Citation : 1991 Latest Caselaw 165 SC

Headnote :

The appellant was appointed as an Assistant Technical Officer at the Punjab Financial Corporation and was confirmed in that role (Textiles) on July 14, 1976. Subsequently, he applied for the position of Assistant Manager, which was to be filled through direct recruitment, and he was selected and app...

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Regional Director, Employee's State Insurance Corporation Vs. High Land Coffee Works of P.F.X. Saldanha And Sons Andanr [1991] INSC 166 (26 July 1991)

Citation : 1991 Latest Caselaw 166 SC

Factories Act, 1948

Headnote :

The Regional Director of the State Employees Corporation, the appellant in this case, sought to include the factories of the respondents, M/s. High Land Coffee Works of P.F.X. Sakdanha & Sons, under the provisions of the Employees State Insurance Act of 1948.According to Section 1(4) of the Act, \"s...

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Texmaco Ltd. Vs. Collector of Central Excise, Calcutta [1991] INSC 167 (31 July 1991)

Citation : 1991 Latest Caselaw 167 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant, under contracts with the Railway Administration, manufactured and delivered wagon-bodies that were mounted on \"wheel sets\" provided by the Railways.The invoices issued by the appellant only included the price of the wagon-bodies, omitting the value of the \"wheel sets\" on which the...

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M.B. Sanghi, Advocate Vs. High Court of Punjab And Haryana & Ors [1991] INSC 168 (31 July 1991)

Citation : 1991 Latest Caselaw 168 SC

Contempt of Courts Act, 1971

Headnote :

After failing to obtain a temporary stay for his client, the appellant, a practicing Advocate, made remarks that suggested improper motives on the part of the Sub-Judge for denying the stay. In response, the Sub-Judge reported the appellant\'s comments to the District and Sessions Judge for appropri...

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Mangalore Chemicals & Fertilisers Limited Vs. Deputy Commissioner of Commercial Taxes & Ors [1991] INSC 169 (2 August 1991)

Citation : 1991 Latest Caselaw 169 SC

Karnataka Sales Tax Act, 1957

Headnote :

On June 30, 1969, the State Government issued a notification under Section 8A of the Karnataka Sales Tax Act, 1957, which included a range of reliefs and incentives, one of which pertained to relief from sales tax payments.Subsequently, on August 11, 1975, another notification was released, outlinin...

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Mahender Singh Vs. Union of India & ANR [1991] INSC 170 (2 August 1991)

Citation : 1991 Latest Caselaw 170 SC

Central Civil Services (Temporary Service) Rules, 1965

Headnote :

The appellant, who worked as a cash clerk for the Delhi Milk Scheme, was suspended under Rule 10(2) of the Central Civil Service (Classification, Control and Appeal) Rules, 1965, while an investigation was conducted into a criminal case involving cheque forgery, in which he was named as an accused....

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Banwasi Seva Ashram Vs. State of U.P [1991] INSC 171 (6 August 1991)

Citation : 1991 Latest Caselaw 171 SC

Constitution of India

Headnote :

According to Section 20 of the Forest Act of 1927, specific regions were designated as reserve forests. The petitioner, representing the residents of these areas, has submitted a Writ Petition contesting their eviction from these lands.The Court has periodically issued interim orders and directives...

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Patel Roadways Limited, Bombay Vs. Prasad Trading Company [1991] INSC 172 (6 August 1991)

Citation : 1991 Latest Caselaw 172 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant involved in both appeals operated as a carrier, transporting goods for hire. Its main office was located in Bombay, with several branch offices in different locations.In the first appeal, the respondent, a cardamom dealer, entrusted a shipment of cardamom to the appellant at its Bodina...

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Vijaya Laxmi Sugar Mills Ltd. Vs. Commissioner of Income Tax, Kanpur [1991] INSC 173 (6 August 1991)

Citation : 1991 Latest Caselaw 173 SC

Income Tax Act, 1961

Headnote :

The appellant company was ordered to be liquidated in 1949. During the liquidation process, the liquidator sold certain company assets and invested the proceeds in fixed deposits with various banks. The liquidator also incurred expenses for salaries, legal fees, travel, postage, and stationery. The...

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State of Tamil Nadu & ANR Vs. A. Mohammed Yousef & Ors [1991] INSC 174 (6 August 1991)

Citation : 1991 Latest Caselaw 174 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

According to Section 4 of the Land Acquisition Act, 1894, the petitioners issued a notification to acquire land from the respondents for the purpose of constructing houses by the Tamil Nadu Housing Board, which was established under Section 3 of the Madras State Housing Board Act, 1961.The responden...

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Union of India & ANR Vs. Maj. Gen. Dayanand Khurana [1991] INSC 175 (6 August 1991)

Citation : 1991 Latest Caselaw 175 SC

Headnote :

On May 31, 1986, the Government of India, in principle, approved the \'Two Stream\' career management concept for Army Officers. This concept proposed that officers promoted to Major General and Lt. General would be divided into two streams: \'Command and Staff\' and \'Staff Only\'. An order issued...

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General Electric Technical Servicescompany Inc. Vs. Punj Sons (P) Ltd. & ANR [1991] INSC 176 (7 August 1991)

Citation : 1991 Latest Caselaw 176 SC

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Attar Singh Gurmukh Singh Vs. Income Tax Officer, Ludhiana [1991] INSC 177 (7 August 1991)

Citation : 1991 Latest Caselaw 177 SC

Income Tax Act, 1961

Headnote :

The appellants in these cases have made cash payments exceeding Rs. 2500 for certain purchases of stock-in-trade. Consequently, when calculating the income of the appellants under the category of \"profits and gains of business,\" the assessing authority disallowed deductions for these payments, dee...

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Dr. Ku. Nilofar Insaf Vs. State of Madhya Pradesh & Ors [1991] INSC 178 (8 August 1991)

Citation : 1991 Latest Caselaw 178 SC

Headnote :

The appellant and Dr. Jain, respondent No. 4, both completed their M.B.B.S. degree from Gandhi Medical College, Bhopal, between 1983 and 1987. Dr. Jain was admitted to the program after successfully passing the entrance examination, while the appellant initially sought admission to the M.B.B.S. prog...

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D.H. Brothers Pvt. Ltd. Vs. Commissioner of Sales Tax, U.P. Lucknow [1991] INSC 179 (8 August 1991)

Citation : 1991 Latest Caselaw 179 SC

Headnote :

The appellant, a registered dealer under the U.P. Sales Tax Act of 1948, has been engaged in the sale of machinery, including sugarcane crushers. The State Government periodically issued Notifications exempting agricultural implements from sales tax. On November 14, 1980, the State Government amende...

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Krishan Kumar Vs. State of Rajasthan & Ors [1991] INSC 180 (9 August 1991)

Citation : 1991 Latest Caselaw 180 SC

Motor Vehicles Act, 1939
Motor Vehicles Act, 1988

Headnote :

The appellant possessed a Stage Carriage Permit to operate his vehicle on the Kota-Khanpur route, which partially overlaps with the Kota-Sangod route. On October 11, 1979, the State Road Transport Corporation issued a notification proposing a scheme under Section 68-C of the Motor Vehicles Act of 19...

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Doongaji And Co. Vs. State of M.P. & Ors [1991] INSC 181 (9 August 1991)

Citation : 1991 Latest Caselaw 181 SC

Constitution of India

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Doongaji And Co. Vs. State of Madhya Pradesh & Ors [1991] INSC 182 (9 August 1991)

Citation : 1991 Latest Caselaw 182 SC

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Spl. Tehsildar Land Acqn. Vishakapatnam Vs. Smt. A. Mangala Gowri [1991] INSC 183 (9 August 1991)

Citation : 1991 Latest Caselaw 183 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

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A.Viswanatha Pillai & Ors Vs. Special Tahsildar for Land Acquisition No. Iv & Ors [1991] INSC 184 (9 August 1991)

Citation : 1991 Latest Caselaw 184 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Pal Singh Vs. Sunder Singh & Ors [1989] INSC 5 (10 January 1989)

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Reserve Bank of India Vs. Reserve Bank of India Staff Officersassociation & Ors [1991] INSC 185 (9 August 1991)

Citation : 1991 Latest Caselaw 185 SC

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

Citation : 1991 Latest Caselaw 186 SC

Constitution of India
General Clauses Act, 1897

Rattan Singh Vs. State of Punjab & Ors [1981] INSC 183 (22 October 1981)
Razia Umar Bakshi Vs. Union of India & Ors [1980] INSC 129 (23 June 1980)

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Government of Andhra Pradesh & ANR Vs. P. Ravinder & Ors [1991] INSC 187 (13 August 1991)

Citation : 1991 Latest Caselaw 187 SC

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Smt. Saran Kumar Gaur & Ors Vs. State of Uttar Pradesh & Ors [1991] INSC 188 (13 August 1991)

Citation : 1991 Latest Caselaw 188 SC

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Koyappathodi M. Ayisha Umma Vs. State of Kerala [1991] INSC 189 (13 August 1991)

Citation : 1991 Latest Caselaw 189 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The notification issued under section 3 of the Kerala Land Acquisition Act, 1961 (Act 21 of 1962) was published in the Gazette on February 28, 1967, for the acquisition of six acres of land intended for the construction of staff quarters for the P & T department of the Government of India.The Land A...

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Bandhua Mukti Morcha Vs. Union of India & Ors [1991] INSC 190 (13 August 1991)

Citation : 1991 Latest Caselaw 190 SC

Bonded Labour System (Abolition) Act, 1976
Constitution of India
Maternity Benefit Act, 1961
Mines Act, 1952
Mines Creche Rules, 1966
Mines Rules, 1955

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

Headnote :

A letter sent to this Court raised concerns about the widespread bonded labour system in the quarries of the Faridabad District in Haryana, which was subsequently treated as a writ petition under Article 32 of the Constitution.To investigate the working conditions of stone quarry workers, two Advoca...

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All India Glass Manufacturers' Federation, New Delhi Vs. Collector of Customs, Bombay [1991] INSC 191 (13 August 1991)

Citation : 1991 Latest Caselaw 191 SC

Customs Act, 1962

Headnote :

The appellant-Federation entered into a contract with a Soda Company of Kenya for the supply of 5,000 metric tonnes of dense soda ash, which arrived in Bombay on December 23, 1981. The goods were cleared after paying a customs duty of Rs. 32,15,904.21.Upon distributing the goods to various members o...

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State of Andhra Pradesh Vs. Dr. M.V. Ramana Reddy & Ors [1991] INSC 192 (14 August 1991)

Citation : 1991 Latest Caselaw 192 SC

CrPC Section 313. Power to examine the accused
IPC Section 148. Rioting, armed with deadly weapon

Headnote :

Ram Subba Reddy, an advocate, politician, and trade unionist, was murdered at his home in Proddatur on the night of April 14-15, 1975. He suffered fatal injuries from lethal weapons while his daughter (PW 1), who was sleeping nearby, was injured when she tried to assist him. The prosecution claims t...

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Dr. V.P. Chaturvedi & Ors Vs. Union of India & Ors [1991] INSC 193 (14 August 1991)

Citation : 1991 Latest Caselaw 193 SC

Constitution of India

Headnote :

In the current petitions submitted to this court, the petitioners, who are Research Scholars associated with various projects at different institutions, have requested job security and better working conditions. In previous writ petitions, this Court suggested that individuals who have completed 15...

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Delhi Cold Storage Pvt. Ltd. Vs. Commissioner of Income-Tax, Delhi-I, New Delhi [1991] INSC 194 (14 August 1991)

Citation : 1991 Latest Caselaw 194 SC

Headnote :

An \'industrial company\', as defined in Section 2(7)(c) of the Finance Act, 1973, was eligible for specific tax concessions. The appellant, a private limited company operating a cold storage facility, claimed these benefits, arguing that its activities fell under the definition of \'industrial comp...

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Vania Silk Mills (P) Ltd. Vs. Commissioner of Income-Tax, Ahmedabad [1991] INSC 195 (14 August 1991)

Citation : 1991 Latest Caselaw 195 SC

Headnote :

The appellant company acquired machinery valued at Rs. 2,81,741 in 1957 and subsequently leased it to another company that insured the machinery. In 1966, a fire occurred at the lessee\'s premises, resulting in significant damage to the appellant\'s machinery. Following the settlement of the insuran...

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Laxmikant Pandey Vs. Union of India & Ors [1991] INSC 196 (14 August 1991)

Citation : 1991 Latest Caselaw 196 SC

Constitution of India

Headnote :

The petitioners, which include several licensed welfare agencies referenced in the Court\'s judgment from (1984) 2 SCR 795, along with petitioner No. 2, the Central Voluntary Adoption Resource Agency, requested that Indian children who are adopted be permitted to retain their citizenship until they...

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State of Tamil Nadu & ANR Vs. E. Paripoornam & Ors [1991] INSC 197 (19 August 1991)

Citation : 1991 Latest Caselaw 197 SC

Headnote :

The Government appointed temporary junior professors at various law colleges in the State under Rule 10(a)(1)(1) of the Tamil Nadu State and Subordinate Services Rules, 1955, during the period from 1971 to 1982.In 1979, the State Public Service Commission called for applications for the regular appo...

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Dattatraya @ Prakash & Ors Vs. Krishna Rao [1991] INSC 198 (20 August 1991)

Citation : 1991 Latest Caselaw 198 SC

Constitution of India
Gwalior

Headnote :

One Yesaji-2, the ancestor of the parties, provided distinguished military service to Ranaji Scindia. In acknowledgment of this service, the Raja of Gwalior granted a permanent jagir of Chandurpura village, which included buildings on 100 Bighas of land and the residential Bada, with rights of enjoy...

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State of Sikkim Vs. Dorjee Tshering Bhutia & Ors [1991] INSC 199 (20 August 1991)

Citation : 1991 Latest Caselaw 199 SC

Constitution of India

Headnote :

The appellant, a non-resident company engaged in the export of manganese ore, was assessed for income tax for the assessment year 1953-54. Later, upon learning that there were ongoing proceedings regarding under-invoicing against the appellant before the Customs Authorities, the respondent, the Inco...

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Central Provinces Manganese Ore. Co. Ltd. Vs. I.T.O Nagpur [1991] INSC 200 (20 August 1991)

Citation : 1991 Latest Caselaw 200 SC

Constitution of India
Income Tax Act, 1961

Headnote :

The appellant, a non-resident company engaged in the export of manganese ore, was assessed for income tax for the assessment year 1953-54. Later, upon learning that there were ongoing proceedings regarding under-invoicing against the appellant before the Customs Authorities, the respondent, the Inco...

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