Caselaw | Supreme Court Judgements of april 1985

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Daman Singh & Ors Vs. State of Punjab & Ors [1985] INSC 75 (4 April 1985)

Judgement Date : 04 Apr 1985

Citation : 1985 Latest Caselaw 75 SC

Constitution of India
Punjab Co-operative Societies Act, 1961
Punjab-Co-operative-Societies-Act-1961

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Damyanti Naranga Vs. The Union of India & Ors [1971] INSC 60 (23 February 1971)

Headnote :

In accordance with a policy decision made at an All-India Conference on Co-operative Societies, various State Legislatures introduced laws around the same time that allowed for the amalgamation of co-operative societies. The validity of the provisions outlined in subsections 8 to 11 of section 13 of...

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State of Gujarat Vs. Raghunath Vamanrao Baxi [1985] INSC 76 (6 April 1985)

Judgement Date : 06 Apr 1985

Citation : 1985 Latest Caselaw 76 SC

Indian Penal Code, 1860 (IPC)

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Respondent served as an Income Tax Officer and was tried and convicted for offenses under section 161 of the Indian Penal Code, along with section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act. The prosecution presented several witnesses, including the managing par...

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M.L. Jain & ANR Vs. Union of India [1985] INSC 77 (8 April 1985)

Judgement Date : 08 Apr 1985

Citation : 1985 Latest Caselaw 77 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Paragraph 2 of Part III of the 1st Schedule to the High Court Judges (Conditions of Service) Act, 1954, states that a Judge\'s pension shall consist of: (a) the pension he would have received under the standard rules of his service had he not been appointed as a Judge, with his time served as a Judg...

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State of Rajasthan & Ors Vs. Swaika Properties & ANR [1985] INSC 78 (8 April 1985)

Judgement Date : 08 Apr 1985

Citation : 1985 Latest Caselaw 78 SC

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

Siliguri Municipality & Ors Vs. Amalendu Das & Ors [1984] INSC 7 (6 January 1984)
State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Special Officer of the Town Planning Department in Jaipur issued a notice under Section 52(2) of the Rajasthan Urban Improvement Act, 1959, at the request of the Improvement Trust to the respondent company, which owned significant land on the outskirts of Jaipur City. The notice indicated that t...

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State of Gujarat Vs. Dhrangadhra Chemical Works Ltd. [1985] INSC 79 (9 April 1985)

Judgement Date : 09 Apr 1985

Citation : 1985 Latest Caselaw 79 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

On January 29, 1937, an agreement was made between Dhangadhra Chemical Works Ltd. and the Maharaja of Dhrangadhra, in which the company acquired from the Maharaja\'s government the Shakti Alkali Works in Dhrangadhra and the Salt Works at Kuda, granting them exclusive rights to produce salt at the Ku...

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Sant Raj & ANR Vs. O.P. Singla & ANR [1985] INSC 80 (9 April 1985)

Judgement Date : 09 Apr 1985

Citation : 1985 Latest Caselaw 80 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellants, who were employed as loaders by a foreign air-transport company, had their services terminated by the respondent-employer. Following a reference from the Secretary (Labour) of the Delhi Administration, the Labour Court determined that the termination of the appellants\' services cons...

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Babubhai & Co. & Ors Vs. State of Gujarat & Ors [1985] INSC 81 (9 April 1985)

Judgement Date : 09 Apr 1985

Citation : 1985 Latest Caselaw 81 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent-State issued a notice under Section 54 of the Bombay Town Planning Act, 1954 (hereafter referred to as the Act), in conjunction with Rule 27 of the Bombay Town Planning Rules, 1955 (hereafter referred to as the Rules), directing the appellants to surrender possession of their lands lo...

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M/S Shenoy and Co. Vs. The Commercial Tax Officer Bangalore & Ors [1985] INSC 82 (10 April 1985)

Judgement Date : 10 Apr 1985

Citation : 1985 Latest Caselaw 82 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The constitutional validity of the Karnataka Tax on Entry of Goods into Local Areas for consumption, use, or sale therein Act of 1979, which took effect on June 1, 1979, was contested in the Karnataka High Court by numerous traders through a collective of 1590 writ petitions, including writ petition...

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State of Punjab Vs. Sri Hardyal [1985] INSC 83 (10 April 1985)

Judgement Date : 10 Apr 1985

Citation : 1985 Latest Caselaw 83 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Through a written agreement, the respondent consented to build bridges and culverts for the State Government. This agreement included an arbitration clause, designating the Superannuation intending Engineer as the Arbitrator. However, no specific timeframe was established for issuing the award, thus...

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Murari Mohan Deb Vs. The Secretary To The Govt. of India & Ors [1985] INSC 84 (10 April 1985)

Judgement Date : 10 Apr 1985

Citation : 1985 Latest Caselaw 84 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant, a Forester, was compulsorily retired from his position by an order issued on October 12, 1962, by the Chief Forest Officer of the Government of Tripura. He subsequently filed a writ petition before the Judicial Commissioner, naming the following respondents: (1) The Secretary to the G...

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Ram Avtar Sharma & Ors Vs. State of Haryana & ANR [1985] INSC 85 (11 April 1985)

Judgement Date : 11 Apr 1985

Citation : 1985 Latest Caselaw 85 SC

Constitution of India
Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
State of Bombay Vs. K. P. Krishnan & Ors [1960] INSC 77 (18 April 1960)

Headnote :

In all the writ petitions, the petitioners were terminated from their positions due to misconduct following individual inquiries conducted against them. They initiated an industrial dispute, arguing that the removal orders were unlawful and invalid. However, the conciliation efforts were unsuccessfu...

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State of Himachal Pradesh Vs. A Parent of A Student of Medical College. Simla & Ors [1985] INSC 86 (11 April 1985)

Judgement Date : 11 Apr 1985

Citation : 1985 Latest Caselaw 86 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Chief Justice of the High Court received a letter from a guardian of a Medical College student in Simla, expressing concerns about the ragging of new students by seniors both on and off campus, including in the hostel. The guardian included a letter from his son detailing the situation. The Divi...

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Prakash Chandra Mehta Vs. Commissioner And Secretary Government of Kerala & Ors [1985] INSC 87 (12 April 1985)

Judgement Date : 12 Apr 1985

Citation : 1985 Latest Caselaw 87 SC

Constitution of India
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Customs Act, 1962

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Ibrahim Ahmad Batti Vs. State of Gujarat & Ors [1982] INSC 71 (13 October 1982)

Headnote :

The petitioner filed three writ petitions under Article 32, contesting the detention orders issued against his father, sister, and brother under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974.Based on intelligence reports, customs officials conducted a search...

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Kapoor Chand Maganlal Chanderia Vs. Delhi State (Administration) [1985] INSC 88 (16 April 1985)

Judgement Date : 16 Apr 1985

Citation : 1985 Latest Caselaw 88 SC

Indian Penal Code, 1860 (IPC)
IPC Section 11. Person
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant, a British citizen of Indian descent, visited India temporarily for three years starting in July 1966, as he had a family interest in Messrs Atul Drug House Limited. His purpose was to assess the business environment and decide on his future in the country. He brought a Mercedes Benz c...

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S.A. Kini & ANR Vs. Union of India & Ors [1985] INSC 89 (16 April 1985)

Judgement Date : 16 Apr 1985

Citation : 1985 Latest Caselaw 89 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioners, who are the Deputy General Secretary of the Canara Bank Officers\' Association and the Association itself, filed a writ petition in the High Court claiming that the Chairman and Managing Director, the General Manager, and senior management officials of Canara Bank have been misusing...

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Bhagirath & Ors Vs. Delhi Administration [1985] INSC 90 (16 April 1985)

Judgement Date : 16 Apr 1985

Citation : 1985 Latest Caselaw 90 SC

CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
CrPC Section 432. Power to suspend or remit sentences
CrPC Section 433. Power to commute sentence
CrPC Section 433A. Restriction on powers of remission or commutation in certain cases
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant submitted a writ petition to the High Court, arguing that his case should be referred to the State Administration for a decision under Paragraph 516-B of the Punjab Jail Manual. He claimed that despite being sentenced to life imprisonment, he had served 14 years in jail, including the...

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Mc Dowell & Company Limited Vs. The Commercial Tax Officer [1985] INSC 91 (17 April 1985)

Judgement Date : 17 Apr 1985

Citation : 1985 Latest Caselaw 91 SC

Andhra Pradesh General Sales Tax Act, 1957
Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The term \"excise duty\" as outlined in section 2(10) of the A.P. Excise Act, 1968, is applicable to the production of liquor, and manufacturers are prohibited from removing liquor from the distillery until the excise duty mandated by the Act has been settled. Buyers of Indian liquor from the appell...

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Pokar Ram Vs. State of Rajasthan & ANR [1985] INSC 92 (17 April 1985)

Judgement Date : 17 Apr 1985

Citation : 1985 Latest Caselaw 92 SC

CrPC Section 438. Direction for grant of bail to person apprehending arrest
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 327. Voluntarily causing hurt to extort property, or to constrain to an illegal act

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent was not arrested until September 29, 1983, when he appeared before the Sessions Judge and filed an application for anticipatory bail under Section 438 of the Criminal Procedure Code. On September 30, 1983, the bail was granted with the stipulation that if the respondent was taken into...

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Inder Pal Yadav & Ors Vs. Union of India & Ors [1985] INSC 93 (18 April 1985)

Judgement Date : 18 Apr 1985

Citation : 1985 Latest Caselaw 93 SC

Constitution of India
Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner-workers, referred to as \'Project Casual Labour\' in these writ and special leave petitions, argued that despite having served continuously for several years, their employment was terminated on the basis that the project they were working on had concluded and their services were no lo...

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Ganesh Prasad Sah Kesari & ANR Vs. Lakshmi Narayan Gupta [1985] INSC 94 (18 April 1985)

Judgement Date : 18 Apr 1985

Citation : 1985 Latest Caselaw 94 SC

Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947
Code of Civil Procedure, 1908 (CPC)

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent-plaintiff initiated an eviction lawsuit against the appellant defendant, claiming that the tenant had defaulted on rent payments. The defendant contested this claim, asserting that he was not in default. The respondent-landlord submitted a request for a directive under Section 11A of...

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Mohd. Azeem Vs. Dlstrlct Judge & Ors [1985] INSC 95 (23 April 1985)

Judgement Date : 23 Apr 1985

Citation : 1985 Latest Caselaw 95 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

According to section 12 (3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction Act, 1972), in the case of a residential building, if a tenant or any member of their family constructs or acquires another residential building in a vacant state, or vacates a residential buil...

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K.M. Chikkaputtaswamy Vs. State of Andhra Pradesh & Ors [1985] INSC 96 (23 April 1985)

Judgement Date : 23 Apr 1985

Citation : 1985 Latest Caselaw 96 SC

Motor Vehicles Act, 1939

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellants were providing stage carriage services on inter-State routes connecting the States of Mysore and Andhra Pradesh. The process required the counter-signature of permits in accordance with the inter-State agreements established by the two States under section 63 (3) of the Motor Vehicles...

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V. J. Thomas & Ors Vs. Union of India & Ors [1985] INSC 97 (23 April 1985)

Judgement Date : 23 Apr 1985

Citation : 1985 Latest Caselaw 97 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Clause (1) in Appendix I of the Telegraphic Engineering Service (Class II) Recruitment Rules, 1966 (referred to as the 1966 Rules) stated that the promotion of a Junior Engineer to the position of Assistant Engineer would be solely based on a selection process through a qualifying departmental exami...

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K.C. Joshi Vs. Union of India & Ors [1985] INSC 98 (23 April 1985)

Judgement Date : 23 Apr 1985

Citation : 1985 Latest Caselaw 98 SC

Constitution of India
Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant was first appointed as an Assistant Store Keeper in the Respondent-Public Sector Undertaking and was later promoted to Store Keeper. The office order stated that the appellant\'s appointment as Store Keeper was temporary and subject to a probation period of six months, with the possibi...

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Mohd. Ahmed Khan Vs. Shah Bano Begum & Ors [1985] INSC 99 (23 April 1985)

Judgement Date : 23 Apr 1985

Citation : 1985 Latest Caselaw 99 SC

Civil Laws
Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
Family Laws
Hindu Adoptions and Maintenance Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

According to section 125 (1) (a), if a person with sufficient means neglects or refuses to support his wife, who is unable to support herself, a first-class Magistrate may, upon proof of such neglect or refusal, order that person to pay a monthly maintenance allowance for his wife, not exceeding fiv...

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Pran Krishna Goswami & Ors Vs. State of West Bengal & Ors [1985] INSC 100 (24 April 1985)

Judgement Date : 24 Apr 1985

Citation : 1985 Latest Caselaw 100 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Katyani Dayal & Ors Vs. Union of India & Ors [1980] INSC 53 (26 March 1980)

Headnote :

The appellants began their careers in the State Police Force as Constables, were subsequently promoted to Assistant Sub-Inspectors of Police, and later served as officiating Sub-Inspectors of Police before being confirmed in that role. During this time, many individuals were directly recruited as Su...

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Bata Shoe Co. (P) Ltd. & Ors Vs. The Collector of Central Excise & Ors [1985] INSC 101 (25 April 1985)

Judgement Date : 25 Apr 1985

Citation : 1985 Latest Caselaw 101 SC

Central Excises and Salt Act, 1944
Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

According to Entry 36 of the First Schedule in the Central Excises and Salt Act, 1944, \"footwear and parts thereof\" that are manufactured using power are subject to excise duty, with a duty rate of 10% ad valorem for \"footwear\" and 15% ad valorem for \"parts of footwear\". A Notification issued...

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Narcinva Vs. Kamat & ANR Vs. Alfred Antonio Doe Martins & Ors [1985] INSC 102 (25 April 1985)

Judgement Date : 25 Apr 1985

Citation : 1985 Latest Caselaw 102 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

In a road accident, two women were injured, and one unfortunately died from her injuries. The vehicle involved was a pick-up truck owned by a company and driven by one of its partners. Two claims were submitted: one by the deceased\'s heirs and another by the injured party. The Motor Accident Claims...

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Bhagwat Singh Vs. Commissioner of Police & ANR [1985] INSC 103 (25 April 1985)

Judgement Date : 25 Apr 1985

Citation : 1985 Latest Caselaw 103 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

In a criminal case where a First Information Report (FIR) has been filed and the police presents a report after concluding their investigation, indicating that no offense seems to have occurred, the question arises as to whether the first informant, any relative of the deceased, or any other aggriev...

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Govind Saran Ganga Saran Vs. Commissioner of Sales Tax & Ors [1985] INSC 104 (26 April 1985)

Judgement Date : 26 Apr 1985

Citation : 1985 Latest Caselaw 104 SC

Central Sales Tax Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant, a registered dealer under the Bengal Finance (Sales Tax) Act of 1941 as it applies to the Union Territory of Delhi (referred to as the State Act), engaged in the purchase of cotton yarn and its sale to both registered and unregistered dealers, as well as consumers. For the assessment...

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Dr. Partap Singh & ANR Vs. Director of Enforcement Foreign Exchange Regulation & Ors [1985] INSC 105 (26 April 1985)

Judgement Date : 26 Apr 1985

Citation : 1985 Latest Caselaw 105 SC

Income Tax Act, 1961

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellants, a husband and wife, approached the High Court under Article 226 seeking to annul a search warrant issued by respondent No. 2, the Assistant Director of Enforcement, as well as the authorization warrant issued by respondent No. 5, the Commissioner of Income Tax. They also requested th...

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State of U.P. & ANR Vs. Raja Ram Jaiswal & ANR [1985] INSC 106 (29 April 1985)

Judgement Date : 29 Apr 1985

Citation : 1985 Latest Caselaw 106 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent aimed to build a cinema theater on a specific plot of land. He filed an application under Rule 3 of the U.P. Cinematograph Rules 1951 with the District Magistrate to obtain a certificate indicating approval of the site for constructing a permanent building intended for film exhibition...

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The Collector (Distt. Magistrate) Allahabad & ANR Vs. Raja Ram Jaiswal [1985] INSC 107 (29 April 1985)

Judgement Date : 29 Apr 1985

Citation : 1985 Latest Caselaw 107 SC

Land Acquisition (Companies) Rules, 1963
Land Acquisition (Companies) Rules, 1963
Land Acquisition Act, 1894
Land Acquisition Act, 1894
U.P. Cinematograph Rules, 1951

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
State of Punjab Vs. Gurdial Singh & Ors [1979] INSC 220 (25 October 1979)
Damyanti Naranga Vs. The Union of India & Ors [1971] INSC 60 (23 February 1971)

Headnote :

Raja Ram Jaiswal, along with his family members, acquired land identified as plot No. 26, which includes a building and measures 2978 square yards, located on K.P. Kakkar Road in March 1971. The proposal for a soundproof, air-conditioned cinema theater on this plot was approved by both the District...

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Bhagwan Das & Ors Vs. Indian Council. of Agricultural Research & Ors [1985] INSC 108 (30 April 1985)

Judgement Date : 30 Apr 1985

Citation : 1985 Latest Caselaw 108 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The 39 petitioners in the writ petition were promoted to the position of Assistant in the Indian Council of Agricultural Research, which is the first respondent. The second respondent, the Union of India, is listed as respondent No. 3, while respondents Nos. 3 to 31 were direct recruits to the same...

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Upendra Chandra Chakraborty & ANR Vs. United Bank of India [1985] INSC 109 (30 April 1985)

Judgement Date : 30 Apr 1985

Citation : 1985 Latest Caselaw 109 SC

Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Two employees of the respondent Bank filed a claim asserting their legal entitlement to a customary bonus prior to the pooja festival. They argued that the bonus, which had been paid annually on the eve of pooja at the rate of pay as of September 1st of each year, was not contingent on the company\'...

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Smt. Usha Rani Datta, Aaya/Attendant & Ors Vs. State Industrial Court, Indore & Ors [1985] INSC 110 (30 April 1985)

Judgement Date : 30 Apr 1985

Citation : 1985 Latest Caselaw 110 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Urban Family Clinic was established by a Steel Plant to implement family welfare programs. The Chief Medical Officer of the Plant served as the administrative head of the Clinic, and the financial costs were covered by the Government of India. Eventually, the Clinic was integrated into the Plant...

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Smt. Poonamal Vs. Union of India & Ors [1985] INSC 111 (30 April 1985)

Judgement Date : 30 Apr 1985

Citation : 1985 Latest Caselaw 111 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

As of January 1, 1964, there were two parallel family pension schemes in effect: (a) a pre-liberalization scheme that remained applicable to those who retired before January 1, 1964, or to those who did not contribute from their death-cum-retirement gratuity, commonly referred to as a non-contributo...

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