Caselaw | Supreme Court Judgements of 1992

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Union of India & Ors Vs. Basant Lal & Ors [1992] INSC 51 (18 February 1992)

Citation : 1992 Latest Caselaw 51 SC

Headnote :

The respondents were working as Casual Labourers in the Construction Division of the Northern Railways, and their employment was terminated through an oral order. They submitted a representation claiming that they had been continuously employed for over 120 days, which entitled them to be recognized...

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Commissioner of Sales Tax, Bombayetc. Vs. Bharat Petroleum Corporation Ltd. [1992] INSC 52 (18 February 1992)

Citation : 1992 Latest Caselaw 52 SC

Bombay Sales Tax Act, 1959

Headnote :

The assessee, an oil refinery that is the predecessor of the respondent Corporation in one of the appeals, had registered as a dealer under the Bombay Sales Tax Act, 1959. In the calendar year 1961, it purchased sulphuric acid from a chemical company for the purpose of processing and refining crude...

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Kihoto Hollohan Vs. Zachillhu & Ors [1992] INSC 53 (18 February 1992)

Citation : 1992 Latest Caselaw 53 SC

Constitution of India

Headnote :

The Constitution (Fifty-Second Amendment) Act of 1985, commonly referred to as the Anti-defection law, introduced the Tenth Schedule into the Indian Constitution. This Schedule outlines the conditions under which a Member of either House of Parliament or a State Legislature can be disqualified for d...

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Pefco Foundry Chemicals Ltd. Vs. Collector of Central Excise, Pune [1992] INSC 54 (19 February 1992)

Citation : 1992 Latest Caselaw 54 SC

Headnote :

The appellant was engaged in the production of cylinder liners by casting molten iron into a specific shape. After removing the rough surface of the cylinders, they were machined and honed before being delivered to the Railways.The respondent believed that once the cylinders were supplied to the Rai...

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Pritam Pal Vs. High Court of Madhya Pradesh,Jabalpur Through Registrar [1992] INSC 55 (19 February 1992)

Citation : 1992 Latest Caselaw 55 SC

Constitution of India
Contempt of Courts Act, 1971
IPC Section 70. Fine levied within six years, or during imprisonment- Death not to discharge property from liability

Headnote :

The appellant, an Advocate practicing in the High Court, previously worked in the Defence Accounts Department after retiring from the Army. He filed a Writ Petition in the High Court seeking benefits such as pension, gratuity, pay, and allowances related to his service in both the Defence Accounts D...

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Banwasi Seva Ashram Vs. State of U.P. & Ors [1992] INSC 56 (19 February 1992)

Citation : 1992 Latest Caselaw 56 SC

Constitution of India

Headnote :

On November 20, 1986, this Court issued an order in Writ Petition (Crl.) No. 1061 of 1982, providing detailed instructions for the rehabilitation of Adivasis and landholders impacted by the Rihand Super-Thermal Power Project, which is to be established by the National Thermal Power Corporation Limit...

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Baikuntha Nath Das & ANR Vs. Chief Distt. Medical Officer, Baripada & ANR [1992] INSC 57 (19 February 1992)

Citation : 1992 Latest Caselaw 57 SC

Headnote :

C.A.No.869 of 1987 On March 15, 1951, the appellant was appointed as a Pharmacist, which was then referred to as a compounder. On February 13, 1976, he was compulsorily retired by the Government under the first proviso to Sub-rule of Rule 71 of the Orissa Service Code.The appellant contested this or...

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State of Himachal Pradesh & ANR Vs. Kailash Chand Mahajan & Ors [1992] INSC 58 (20 February 1992)

Citation : 1992 Latest Caselaw 58 SC

Constitution of India
Electricity (Supply) (Himachal Pradesh Amendment) Act, 1990
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

State of Uttar Pradesh Vs. Lakshmi Ice Factory & Ors [1962] INSC 46 (7 February 1962)

Headnote :

Respondent No. 1 retired as Chief Engineer from the State of Punjab and was appointed as a Member of the Himachal Pradesh State Electricity Board on July 24, 1981. He was subsequently appointed Chairman of the Board for a two-year term, which was extended to five years starting from July 25, 1981, b...

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Secretary, Finance Department & Ors Vs. West Bengal Registration Service Association & Ors [1992] INSC 59 (20 February 1992)

Citation : 1992 Latest Caselaw 59 SC

Government of India Act, 1935

Headnote :

The West Bengal Registration Service included the positions of Sub-Registrars and other roles above that level. A resolution dated May 22, 1952, designated the position of Sub-Registrar as a gazetted post effective from April 1, 1952. Subsequently, a Notification on July 17, 1953, incorporated the R...

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Smt. Nirmala R. Bafna/Kershi Shivax Cambatta Andors. Vs. Khandesh Spinning and Weaving Mills Co. Ltd. & ANR [1992] INSC 60 (25 February 1992)

Citation : 1992 Latest Caselaw 60 SC

Headnote :

The company in question was the tenant of the disputed flat. Following a winding-up order issued in Company Petition No. 59 of 1984, the official liquidator took control of the flat and sealed it. The appellant in C.A.No. 886/92, who is the sister of one of the company\'s directors, claimed to be th...

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R. Tamilmani Vs. Union of India & ANR [1992] INSC 61 (26 February 1992)

Citation : 1992 Latest Caselaw 61 SC

Headnote :

The appellant was interviewed for selection to the Indian Administrative Service in 1990, representing the Non-State Civil Service Officers from Tamil Nadu. Three members of the Selection Committee rated him as \'outstanding\', while the other two rated him as \'very good\'. However, his name was no...

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M.V. Elisabeth & Ors Vs. Harwan Investment and Trading Pvt. Ltd. [1992] INSC 62 (26 February 1992)

Citation : 1992 Latest Caselaw 62 SC

Admiralty Court Act, 1861
Andhra State Act, 1953
Colonial Courts of Admiralty (India) Act, 1891
Colonial Courts of Admiralty Act, 1890
Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The appellant vessel, which was docked at the port of Marmagao, departed without providing the necessary bills of lading or other documentation required by the Respondent company for the goods it had shipped. Upon arriving at the destination port, the appellants delivered the goods to the consignee,...

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Anant B. Timbodia Vs. Union of India & Ors [1992] INSC 63 (26 February 1992)

Citation : 1992 Latest Caselaw 63 SC

Headnote :

The appellant acquired an Import Licence through transfer for the importation of permissible items as outlined in Paragraphs 220 (2), (3), (4), and (6) of the Import Policy 1990-93 Volume I, and subsequently placed an order with a foreign company for the supply of No. 1 quality cloves. Upon the good...

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K.P.M. Basheer Vs. State of Karnataka & ANR [1992] INSC 64 (28 February 1992)

Citation : 1992 Latest Caselaw 64 SC

Constitution of India

Headnote :

On November 12, 1990, the appellant was discovered in possession of two gold pellets, each weighing ten tolas and bearing foreign markings, without a valid permit. An order for detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was...

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Coir Board, Ernakulam Cochin & ANR Vs. Indira Devi P.S. & Ors [1992] INSC 65 (4 March 1992)

Citation : 1992 Latest Caselaw 65 SC

Industrial Disputes Act, 1947

Headnote :

In these appeals regarding a judgment from the Full Bench of the Kerala High Court, we need to determine whether the appellant, the Coir Board, qualifies as an industry as defined by the Industrial Disputes Act, 1947. The Coir Board, located in Ernakulam, Cochin, was established under the Coir Indus...

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Ramesh Hiranand Kundanmal Vs. Municipal Corporation of Greater Bombay & Ors [1992] INSC 66 (4 March 1992)

Citation : 1992 Latest Caselaw 66 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

According to the Dealership Agreement, the appellant operated a service station located on land leased from the second respondent, Hindustan Petroleum Corporation Limited. The service station featured a petrol pump on the ground floor and a structure with an open terrace designated for vehicle parki...

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Smt.Guro Vs. Atma Singh & Ors [1992] INSC 67 (5 March 1992)

Citation : 1992 Latest Caselaw 67 SC

Jaswant Kaur Vs. Amrit Kaur & Ors [1976] INSC 258 (25 October 1976)

Headnote :

Respondent No. 1\'s grandfather had a brother who had two sons, Ganga and Ranga, and a daughter named Banti. Ranga and Banti passed away while Ganga was still alive. The appellant is the daughter of Banti.On October 2, 1968, Ganga executed a will bequeathing his one-third share of the property to re...

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Amrit Banaspati Co.Ltd.& ANR Vs. State of Punjab & ANR [1992] INSC 68 (5 March 1992)

Citation : 1992 Latest Caselaw 68 SC

Constitution of India

Headnote :

In December 1966, the Government of Punjab released a brochure announcing its \'New Policy\', which stated that incentives and concessions, including a sales tax refund, would be available to individuals willing to establish selective large-scale industries in the designated focal point.Enticed by t...

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Chairman, Canara Bank, Bangalore Vs. M. S. Jasra & Ors [1992] INSC 69 (6 March 1992)

Citation : 1992 Latest Caselaw 69 SC

Banking Regulation Act, 1949
Industrial Disputes Act, 1947

Headnote :

Respondent No. I, a Banking Officer at the Reserve Bank of India, applied for the position of Assistant General Manager at Lakshmi Commercial Bank and was selected, joining in March 1983. In 1985, following an application from the Reserve Bank under Section 45(1) of the Banking Regulation Act, 1949,...

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Jammi Raja Rao Vs. Anjaneyaswami Temple Valu [1992] INSC 70 (6 March 1992)

Citation : 1992 Latest Caselaw 70 SC

Headnote :

The father of the appellant submitted an application under sections 18 and 84 of the Madras Hindu Religious Endowments Act, 1926, asserting that the Sri Anjaneya Swami Temple located in Valuthimmapuram, Peddapuram Taluk, East Godavari District, Andhra Pradesh, was a private temple and that he was it...

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Ashwani Kumar Dhingra Vs. State of Punjab [1992] INSC 71 (6 March 1992)

Citation : 1992 Latest Caselaw 71 SC

Headnote :

In a writ petition submitted by the appellant\'s father and brother, the High Court annulled a Notification dated August 6, 1973, issued under sections 4 and 6 of the Land Acquisition Act, 1894. The State\'s Letters Patent Appeal was dismissed by the Division Bench of the High Court, but the annulme...

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Kumar Padma Prasad Vs. Union of India & Ors [1992] INSC 72 (10 March 1992)

Citation : 1992 Latest Caselaw 72 SC

Constitution of India

Chandra Mohan Vs. State of Uttar Pradesh & Ors [1966] INSC 133 (8 August 1966)

Headnote :

The Governor of Mizoram, in a letter dated May 5, 1990, recommended the appointment of respondent no. 9 as a Judge of the Gauhati High Court to the Chief Justice. The accompanying bio-data revealed that respondent no. 9 joined the Government of Assam\'s Law Department as a Gazetted Officer after com...

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Dadu Rau Yelavade Vs. Himmat Rasul Patel [1992] INSC 73 (10 March 1992)

Citation : 1992 Latest Caselaw 73 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948

Headnote :

The landlord, Prabhu, owned 3 acres and 25 gunthas of land that was being cultivated by the tenant-appellant, Rau.Under sections 31 and 29 of the Bombay Tenancy and Agricultural Lands Act, 1943, the landlord initiated proceedings against the tenant.While the proceedings were ongoing, Rau passed away...

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Kirloskar Brothers Ltd. Vs. Union of India & Ors [1992] INSC 74 (10 March 1992)

Citation : 1992 Latest Caselaw 74 SC

Central Excises and Salt Act, 1944
Constitution of India

Headnote :

The appellant company was engaged in the production of power-driven and monoblock pumps, sourcing electric motors from another company for their manufacturing process. The Superintendent of Central Excise issued a show cause notice to the appellants regarding a shortfall in duty payments for the per...

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Yashpal Singh Vs. Viii Addl. District Judge & Ors [1992] INSC 75 (12 March 1992)

Citation : 1992 Latest Caselaw 75 SC

Headnote :

Respondent no. 3 secured a permanent injunction preventing the State of U.P. and its Forest Department from interfering with his rights to cut trees on a specific plot of land. Subsequently, \'X\' initiated a lawsuit and obtained a temporary injunction prohibiting respondent no. 3 from cutting and r...

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Srinivasa Theatre & Ors Vs. Government of Tamil Nadu & Ors [1992] INSC 76 (12 March 1992)

Citation : 1992 Latest Caselaw 76 SC

Constitution of India

Headnote :

The Tamil Nadu Entertainment Tax Act of 1939 imposes an entertainment tax on cinema theatre admissions in Tamil Nadu. Until 1978, this tax was based on the \'admission system\', which taxed the actual number of tickets sold. In 1978, the Act was amended to introduce sections 5(A) and 5(B), which est...

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Dehri Rohtas Light Railway Company Limted Vs. District Board Bhojpur & Ors [1992] INSC 77 (12 March 1992)

Citation : 1992 Latest Caselaw 77 SC

Cess Act, 1880
Cess Act, 1880
Cess Act, 1880
Constitution of India

Headnote :

The appellant operated a light railway business and was obligated to pay cess under Section 5 of the Bengal Cess Act, 1880.Through an unregistered agreement between the appellant and the respondent, it was established that the appellant would pay a fixed annual cess of Rs. 10,000, regardless of the...

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P.J. Thomas Vs. Taluk Land Board & Ors [1992] INSC 78 (12 March 1992)

Citation : 1992 Latest Caselaw 78 SC

State of Kerala & Ors Vs. Philomina & Ors [1976] INSC 185 (20 August 1976)

Headnote :

Chapter III of the Kerala Land Reforms Act, 1963, which includes sections 81 to 98A concerning limitations on land ownership and possession beyond the Ceiling Area, became effective on April 1, 1964. However, Section 82 was implemented on January 1, 1970, marking the appointed day. This section esta...

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Eapan Thomas Vs. Syed Mohammed Kunju Mohammed Kunju [1992] INSC 79 (13 March 1992)

Citation : 1992 Latest Caselaw 79 SC

Headnote :

In the enforcement of a monetary decree, a court auction was conducted. Three parcels of agricultural land belonging to the judgment-debtor-respondent were auctioned, and the decree-holder-appellant acquired them.The respondent retained possession of items 1 and 2 from the auctioned properties, whil...

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Beed District Central Co-Op Bank Ltd. & ANR Vs. Jagannath S. Shahane & Ors [1992] INSC 80 (13 March 1992)

Citation : 1992 Latest Caselaw 80 SC

Maharashtra Co-Operative Societies Act, 1960

Headnote :

The elections for the Board of Directors of the appellant Bank, a designated co-operative Society under the Maharashtra Co-operative Societies Act of 1960, were to be conducted as stipulated in Section 73 (G) of the Act, in conjunction with the Maharashtra Specified Co-operative Societies (Elections...

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Union of India & Ors Vs. Syed Mohd. Raza Kazmi & Ors [1992] INSC 81 (13 March 1992)

Citation : 1992 Latest Caselaw 81 SC

Headnote :

The Respondents began their careers in the Income Tax Department as Upper Division Clerks (UDCs). Typically, after five years of service and passing a ministerial staff examination, they would be promoted to Head Clerks. However, due to stagnation in promotions, the Government established a new posi...

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Herdeo Kaur & Ors Vs. Rajasthan State Transport Corporation & ANR [1992] INSC 82 (13 March 1992)

Citation : 1992 Latest Caselaw 82 SC

Headnote :

The first appellant, along with her husband, a 36-year-old Army officer, and their two young sons, suffered injuries in a road accident when a bus operated by the respondent-State Road Transport Corporation collided with their car. Tragically, the appellant\'s husband died from his injuries, while o...

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Darshan Prashad & ANR Vs. Civil Judge Ii, Gorakhpur & Ors [1992] INSC 83 (13 March 1992)

Citation : 1992 Latest Caselaw 83 SC

Hindu Marriage Act, 1955

Headnote :

A notice was issued to the appellant under section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, which was amended by U.P. Act No. 20 of 1976. The Prescribed Authority dismissed the appellant\'s objections to this notice. Subsequently, two appeals were filed with the appellate...

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Saudan Singh & Ors Vs. N.D.M.C. & Ors [1992] INSC 84 (13 March 1992)

Citation : 1992 Latest Caselaw 84 SC

Headnote :

The petitions submitted under Article 32 of the Constitution, along with certain appeals under Article 136 against unfavorable High Court rulings, were referred to a Constitution Bench to address the concerns of pavement traders. They claimed that Municipal Authorities were infringing upon their fun...

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National Power Transmission Corporation Ltd. Vs. Corporate Executive Association of NTPC [1992] INSC 85 (13 March 1992)

Citation : 1992 Latest Caselaw 85 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The National Power Transmission Corporation (NPTC) was established on October 23, 1989. The Government of India issued directives for the transfer of assets and personnel from other generating organizations to NPTC. In line with these directives, the National Thermal Power Corporation (NTPC) also re...

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R. Banerjee & Ors Vs. H.D. Dubey & Ors [1992] INSC 86 (13 March 1992)

Citation : 1992 Latest Caselaw 86 SC

CrPC Section 482. Saving of inherent power of High Court
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Municipal Corporation of Delhi Vs. Ram Kishan Rohtagi & Ors [1982] INSC 90 (1 December 1982)

Headnote :

The Food Inspector visited a company\'s warehouse and collected samples of orange drink and Vanaspati ghee produced by that company and another. He noted that the orange drink\'s label indicated a manufacture date of June 1988, and since the expiry date was six months from that date, he determined t...

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Panduronga Timblo Industries Vs. Union of India & Ors [1992] INSC 87 (13 March 1992)

Citation : 1992 Latest Caselaw 87 SC

Constitution of India
General Clauses Act, 1897
Goa, Daman and Diu Barge Tax Act, 1973

Headnote :

The appellants challenged the constitutional validity of the tax imposed on barges used or kept for use in the Union Territory of Goa, Daman, and Diu, under Section 3 of the Goa, Daman and Diu Barges Tax Act, 1973. They argued that the term \'boat\' does not encompass mechanically propelled vessels....

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Smt. Paniben Vs. State of Gujarat [1992] INSC 88 (13 March 1992)

Citation : 1992 Latest Caselaw 88 SC

CrPC Section 432. Power to suspend or remit sentences
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellant in this case was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by the High Court, which overturned the Trial Court\'s acquittal.The prosecution claimed that the deceased was married to the appellant\'s son in 1972, and there were frequent dispu...

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Commissioner of Income Tax, Lucknow Vs. Onkar Saran And Sons [1992] INSC 89 (13 March 1992)

Citation : 1992 Latest Caselaw 89 SC

Headnote :

The Hindu Undivided Family, the respondent, submitted tax returns for the assessment years 1961-62 and 1962-63, reporting incomes of Rs. 13,935 and Rs. 24,943, respectively. The Income Tax Officer assessed the respondent\'s income at Rs. 28,513 and Rs. 28,463 for those years.Later, upon discovering...

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Ahmedabad Municipal Corporation Vs. Dilbagsingh Balwantsingh & Ors [1992] INSC 90 (24 March 1992)

Citation : 1992 Latest Caselaw 90 SC

Headnote :

The proliferation of street vendors on public streets and footpaths has disrupted traffic and other public services. In response, the Corporation (appellant) decided to remove the obstructions caused by these vendors after providing them with ample opportunity to comply.This action by the Corporatio...

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Anita Laxmi Narayan Singh Vs. Laxmi Narain Singh [1992] INSC 91 (24 March 1992)

Citation : 1992 Latest Caselaw 91 SC

Indian Penal Code, 1860 (IPC)
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

The respondent was married to the appellant in Ghaziabad.He initiated a Divorce Petition in Bombay, while the appellant-wife submitted applications for maintenance and costs related to the divorce proceedings. Later, she filed a Transfer petition in this Court to move the case from Bombay to Ghaziab...

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T.P. George & Ors Vs. State of Kerala & Ors [1992] INSC 92 (24 March 1992)

Citation : 1992 Latest Caselaw 92 SC

Constitution of India

Headnote :

Clause 26 of the University Grants Commission Scheme of 1986, established by the Government following the Malhotra Committee\'s recommendations, stipulated that the retirement age for teachers should be 60 years. The Scheme also included provisions for improvements in pay scale revisions and related...

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Food Corporation of India & Ors Vs. H.N. Bharti & Ors [1992] INSC 93 (25 March 1992)

Citation : 1992 Latest Caselaw 93 SC

Food Corporations Act, 1964

Headnote :

Following the dissolution of the Food Department under the Central Government, its employees were reassigned to the Food Corporation of India (FCI). Utilizing the authority granted by Section 45 of the Food Corporation Act, 1964, FCI established regulations concerning appointments and promotions. Su...

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B. Hanumantha Rao Vs. State of A.P [1992] INSC 94 (26 March 1992)

Citation : 1992 Latest Caselaw 94 SC

CrPC Section 313. Power to examine the accused

Headnote :

The petitioner, who served as an Excise Sub-Inspector, faced charges for allegedly accepting Rs. 50,000 in illegal gratification from an arrack contractor. The petitioner contended that the contractor had offered him this amount as payment for overdue rent, claiming he was unable to deposit it in th...

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State of Andhra Pradesh Vs. Y. Basavadevudu & ANR [1992] INSC 95 (26 March 1992)

Citation : 1992 Latest Caselaw 95 SC

CrPC Section 353. Judgment

Headnote :

Respondents 1 and 2, along with PW. 18, were employed as Sub-Treasury Officer, Shroff, and Upper Division Accountant-cum-Double Lock Officer, respectively, in a non-Banking Treasury. The State Government decided to convert this Treasury into a Banking Treasury by transferring cash operations to a lo...

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Post And Telegraph Board & Ors Vs. C.S.N. Murthy [1992] INSC 96 (26 March 1992)

Citation : 1992 Latest Caselaw 96 SC

Headnote :

The case involving the respondent, who served as an Assistant Engineer in the Posts and Telegraphs Department, was reviewed for compulsory retirement under Fundamental Rule 56(j). There were negative evaluations for the financial years 1970-71 and 1971-72, indicating a decline in the respondent\'s w...

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Union of India & Ors Vs. A.N. Saxena [1992] INSC 97 (27 March 1992)

Citation : 1992 Latest Caselaw 97 SC

Headnote :

The respondent, an Income Tax Officer, received a charge-sheet alleging that he conducted certain assessments in a manner that was irregular and intended to benefit the assesses. Consequently, disciplinary proceedings were initiated against him. He subsequently filed an application with the Central...

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State of Orissa Vs. Damburu Naiko & ANR [1992] INSC 98 (31 March 1992)

Citation : 1992 Latest Caselaw 98 SC

Headnote :

The two defendants, along with two others, were charged under Sections 366/34 and 376 in conjunction with 34 of the Indian Penal Code for the kidnapping and rape of P.W.1, the victim. During the Identification Parade led by P.W.13, the Executive Magistrate, P.W.1 identified the two defendants and on...

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Ram Krishna Verma Vs. State of U.P. & Ors [1992] INSC 99 (31 March 1992)

Citation : 1992 Latest Caselaw 99 SC

Motor Vehicles Act, 1939
Motor Vehicles Act, 1988

Headnote :

A draft scheme to nationalize the Saharanpur - Shahdara - Delhi route was published on February 26, 1959, but the approved scheme released on September 29, 1959, was annulled by the High Court through judgments on October 31, 1961, and February 7, 1962, affecting 50 operators while upholding it agai...

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State of U.P. Vs. Hanif [1992] INSC 100 (31 March 1992)

Citation : 1992 Latest Caselaw 100 SC

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

Headnote :

The trial court found the respondent guilty of an offense under Section 7 in conjunction with Section 16 of the Prevention of Food Adulteration Act, 1954, sentencing him to six months of rigorous imprisonment and a fine of Rs. 1000, along with the standard default clause.Upon appeal, the Sessions Co...

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