Caselaw | Supreme Court Judgements of may 1992

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Usman Gani J. Khatri of Bombay Vs. Cantonment Board & Ors [1992] INSC 142 (1 May 1992)

Citation : 1992 Latest Caselaw 142 SC

Headnote :

The bye-laws governing the construction and reconstruction of buildings in the jurisdiction of the Respondent Board were established in 1947. However, these bye-laws lacked sufficient measures to prevent overcrowding due to unregulated and high-rise developments. Consequently, the Respondent Board i...

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K.A. Anthappai Vs. C. Ahammed [1992] INSC 143 (5 May 1992)

Citation : 1992 Latest Caselaw 143 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant\'s father rented out the contested building where the tenant-respondent operated a hotel business.On January 15, 1981, the appellant-landlord submitted an eviction petition to the Rent Controller, claiming that after his retirement on September 30, 1981, he intended to settle in that t...

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Regional Director, E.S.I Corpn. & ANR Vs. Francis De Costa & ANR [1992] INSC 144 (5 May 1992)

Citation : 1992 Latest Caselaw 144 SC

Headnote :

The first respondent was employed by J.P. Coats (P) Ltd. in Koratty. On June 26, 1971, while riding his bicycle to work, he was struck on the left side of his body by the company\'s lorry on the road leading to the factory, approximately 1 kilometer away. The accident resulted in severe injuries, an...

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Mrs. Payal Ashok Kumar Jindal Vs. Capt. Ashok Kumar Jindal [1992] INSC 145 (6 May 1992)

Citation : 1992 Latest Caselaw 145 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The individuals involved in the appeal were married on January 24, 1988, in Noida, near Delhi. They lived together as a married couple in Pune for approximately seven months, after which, on August 16, 1988, the husband (the Respondent) filed a petition under Section 13 of the Hindu Marriage Act, 19...

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National Thermal Power Corporation Vs. Singer Company & Ors [1992] INSC 146 (7 May 1992)

Citation : 1992 Latest Caselaw 146 SC

Headnote :

The appellant Corporation and the Respondent Company entered into two agreements on August 17, 1982, in New Delhi for the supply of equipment, erection, and commissioning of certain works in India. It was stipulated that the applicable law for the contract would be the laws in force in India, and th...

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V.S. Murthy Vs. Union of India & Ors [1992] INSC 147 (7 May 1992)

Citation : 1992 Latest Caselaw 147 SC

Headnote :

The Appellant was originally appointed to the Railways.Later, he went on deputation to a Public Sector Undertaking, where he was permanently absorbed. During his deputation, he received his salary as per the regulations from his parent department, along with a deputation (duty) allowance. Upon absor...

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Bhagwan Singh & ANR Vs. State of Punjab [1992] INSC 148 (8 May 1992)

Citation : 1992 Latest Caselaw 148 SC

CrPC Section 379. Appeal against conviction by High Court in certain cases

Headnote :

The prosecution claimed that four individuals, including an Assistant Sub-Inspector, two Head Constables, and a Constable from the C.I.A Staff of the State Police Department, arrived at a hotel in a jeep on August 6, 1978, around 4 PM. They took the deceased, along with witnesses P.Ws. 4, 5, and 6,...

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Central Bureau of Investigation, Specialinvestigation Cell- Vs. Anupam J. Kulkarni [1992] INSC 149 (8 May 1992)

Citation : 1992 Latest Caselaw 149 SC

Constitution of India
CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 309. Power to postpone or adjourn proceedings
CrPC Section 344. Summary procedure for trial for giving false evidence
CrPC Section 54. Examination of arrested person by medical officer
CrPC Section 57. Person arrested not to be detained more than twenty-four hours

Headnote :

A case concerning the abduction of four diamond merchants and one individual named K was filed at the Police Station on September 16, 1991. The investigation was assigned to the C.B.I. It was revealed during the investigation that between September 14 and 15, 1991, the four diamond merchants, K, and...

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R.L. Bansal & Ors Vs. Union of India & Ors [1992] INSC 150 (8 May 1992)

Citation : 1992 Latest Caselaw 150 SC

Constitution of India

Headnote :

The Central Engineering Service Class II Recruitment Rules of 1954 established four methods for appointing Assistant Engineers in the Central Public Works Department (C.P.W.D.):(i) Through competitive examinations conducted by the Union Public Service Commission, as outlined in Rule 3(a);(ii) Via di...

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R.K. Deo Vs. Commissioner of Wealth-Tax, Orissa [1992] INSC 151 (12 May 1992)

Citation : 1992 Latest Caselaw 151 SC

Wealth Tax Act, 1957

Headnote :

The appellant-assessee, in his wealth-tax assessments, sought a deduction for tax liabilities arising from income related to forest taxation, which had been upheld by this Court. The Wealth-Tax Officer rejected these claims because the tax owed had remained unpaid for over twelve months as of the va...

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Ashok Singh Vs. Assistant Controller of Estate Duty.Calcutta & Ors [1992] INSC 152 (12 May 1992)

Citation : 1992 Latest Caselaw 152 SC

Headnote :

The appellant\'s father passed away without a will, leaving the appellant and his brother as his only heirs. Since both were minors at the time, their maternal uncle was appointed as their guardian by the City Civil Court. However, the guardian failed to submit the required property account or retur...

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Indian Aluminium Company Limited & ANR Vs. Karnattaka Electricity Board & Ors [1992] INSC 153 (13 May 1992)

Citation : 1992 Latest Caselaw 153 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Industries (Development and Regulation) Act, 1951

Headnote :

The appellant company set up its Aluminium Smelter Plant in Belgaum, Karnataka. On March 26, 1966, a tripartite agreement was signed between the company, the Electricity Board, and the State of Karnataka.A second tripartite agreement, which replaced the first, was executed on August 7, 1976, ensurin...

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M.J. Exports Ltd. & ANR Vs. Customs, Excise and Gold (Control) , Bombay [1992] INSC 154 (14 May 1992)

Citation : 1992 Latest Caselaw 154 SC

Bill of Entry (Forms) Regulations, 1976
Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

The Imports (Control) Order of 1955 stipulates that the 301 items listed in Schedule 1 of the order can only be imported with a Licence or Customs clearance permit. However, Clause 11(4) of the Order allows the Central Government to issue an Open General Licence (OGL) for the import of these goods,...

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Union of India & ANR Vs. Century Manufacturing Company Ltd. [1992] INSC 155 (14 May 1992)

Citation : 1992 Latest Caselaw 155 SC

Central Excises and Salt Act, 1944
Constitution of India
Gwalior

Headnote :

Exercising its authority under section 3(2) of the Central Excises and Salt Act, 1944, the Central Government issued notifications on 28.11.1970 and 26.7.1971, establishing the tariff values for levying excise duty on sulphuric acid and liquid chlorine, respectively.The Respondent-assessee contested...

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N.K. Bapna Vs. Union of India & Ors [1992] INSC 156 (14 May 1992)

Citation : 1992 Latest Caselaw 156 SC

Constitution of India

Headnote :

The Petitioner served as the Managing Director of a company involved in manufacturing and producing plastic products. The company imported specific materials, which were subsequently cleared for bonded warehousing after duty assessment. The company cleared a portion of the materials, paying the duty...

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Union of India & ANR Vs. Lt. Col. Komal Charan & Ors [1992] INSC 157 (14 May 1992)

Citation : 1992 Latest Caselaw 157 SC

National Cadet Corps Act, 1948
National Cadet Corps Rules, 1948

Headnote :

The individuals involved in the appeal served in the Armed Forces from 1962 to 1967. After their service period ended, they applied for positions under the re-employment scheme for ex-service officers in the National Cadet Corps (N.C.C.) and were subsequently granted full-time N.C.C. commissions. Th...

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Poolpandi Vs. Superintendent, Central Excise & Ors [1992] INSC 158 (14 May 1992)

Citation : 1992 Latest Caselaw 158 SC

CrPC Section 482. Saving of inherent power of High Court
Customs Act, 1962
Indian Penal Code, 1860 (IPC)
IPC Section 179. Refusing to answer public servant authorised to question

Headnote :

The issue of whether an individual has the right to legal counsel during questioning in investigations conducted under the Customs Act, 1962 or the Foreign Exchange Regulation Act, 1973, was addressed by the Delhi High Court*, which ruled in favor of the individual, while the Madras High Court* held...

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R.S. Sodhi, Advocate Vs. State of U.P [1992] INSC 159 (15 May 1992)

Citation : 1992 Latest Caselaw 159 SC

Headnote :

This writ petition, filed under Article 32 of the Constitution, pertains to an incident that occurred in Pilibhit on September 12/13, 1991, during which 10 individuals were reported killed in what were termed \'encounters\' between Punjab militants and local police. The petition was initiated based...

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Workmen of Meenakshi Mills Ltd. Vs. Meenakshi Mills Ltd. & ANR [1992] INSC 160 (15 May 1992)

Citation : 1992 Latest Caselaw 160 SC

Industrial Disputes (Central) Rules, 1957
Industrial Disputes Act, 1947

Headnote :

The legitimacy of Section 25-N in Chapter V-B of the Industrial Disputes Act, 1947, which was added by the Amendment Act of 1976 and sets forth conditions for the retrenchment of workers in industrial establishments, has been contested in various High Courts. There has been a divergence of opinions...

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Mir Fazeelath Hussain & Ors Vs. Special Deputy Collector, Land Acquisition Hyderabad [1992] INSC 161 (15 May 1992)

Citation : 1992 Latest Caselaw 161 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Certain parcels of land belonging to the claimant-appellants were acquired under the Land Acquisition Act of 1894. The Collector issued the award on June 10, 1968, and the reference Court made its decision on August 30, 1972. The claimants appealed to the High Court seeking an increase in compensati...

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Patel Naranbhai Marghabhai & Ors Vs. Dhulabhai Galbabhai & Ors [1992] INSC 162 (15 May 1992)

Citation : 1992 Latest Caselaw 162 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963

Headnote :

The predecessor of the respondents mortgaged the disputed lands to the predecessor of the appellants, in accordance with the Bombay Agricultural Debtors Relief Act of 1947.The mortgagor/debtor failed to make the required payments.The mortgagee initiated proceedings to recover the owed amount of Rs....

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P.M.C. Kunhiraman Nair Vs. C.R. Naganatha Iyer & Ors [1992] INSC 163 (15 May 1992)

Citation : 1992 Latest Caselaw 163 SC

Section 111. TPA, Determination of lease.
Transfer of Property Act, 1882

Headnote :

Respondents 1 through 5 entered into a contract with the appellant, in which the appellant provided financial support to the respondents, who in turn entrusted the management of their propertyâ€”comprising land, buildings, and mill machineryâ€”to the appellant for a duration of one year. The agreeme...

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P.K. Goel & Ors Vs. U.P. Medical Council & Ors [1992] INSC 164 (15 May 1992)

Citation : 1992 Latest Caselaw 164 SC

Constitution of India

Headnote :

A unified Entrance Examination was conducted for admissions to all seven Medical Colleges in Uttar Pradesh. However, the allocation of seats was carried out according to the admission regulations, based on a merit list created for each Medical College from its own institutional candidates. This proc...

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M.C. Mehta Vs. Union of India & Ors [1992] INSC 165 (15 May 1992)

Citation : 1992 Latest Caselaw 165 SC

Constitution of India

Headnote :

Writ Petitions were submitted to this Court, contesting the actions of the owners and operators of the stone-crushers, which allowed stone dust and smoke to be released into the atmosphere. This pollution has adversely affected the health of residents in certain areas of South Delhi, particularly in...

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Mohan Lal Tripathi Vs. District Magistrate, Rae Bareilly & Ors [1992] INSC 166 (15 May 1992)

Citation : 1992 Latest Caselaw 166 SC

Constitution of India

Arun Kumar Bose Vs. Mohd. Furkan Ansari & Ors [1983] INSC 133 (28 September 1983)
Jyoti Basu & Ors Vs. Debi Ghosal & Ors [1982] INSC 26 (26 February 1982)

Headnote :

The appellant was elected as the President of the Rae Bareilly City Municipal Board, which has a population of under 100,000, in November 1988. On March 28, 1990, the Board passed a no-confidence motion against him in accordance with Section 87-A of the U.P. Municipalities Act, 1916, which led to hi...

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Ahmedabad Urban Development Authority Vs. Sharad Kumar Jayantikumar Pasawalla & Ors [1992] INSC 167 (15 May 1992)

Citation : 1992 Latest Caselaw 167 SC

Gujarat Town Planning and Urban Development Act, 1976
Local Authorities Loans Act, 1914
Local Authorities Loans Act, 1914
Local Authorities Loans Act, 1914

Headnote :

The respondents submitted a writ petition to the High Court, contesting the constitutional validity of Section 119(1) and 119(2)(c) of the Gujarat Town Planning and Urban Development Act, 1976, along with the regulations established under the Act. They argued that the imposition of a development fee...

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Ansal Properties & Industries (P) Ltd. & ANR Vs. Delhi Development Authority & Ors [1992] INSC 168 (28 May 1992)

Citation : 1992 Latest Caselaw 168 SC

Delhi Development Act, 1957

Headnote :

The leasehold rights auction for the specified plot was awarded to the appellant for Rs. 8.13 crores on January 19, 1981. The appellant made a 25% payment of the auction price at the time of the auction. According to the auction\'s terms and conditions, the remaining 75% was to be paid within 90 day...

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