Caselaw | Supreme Court Judgements of march 1985

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Food Corporation of India Workers' Union Vs. Food Corporation of India & Ors [1985] INSC 42 (1 March 1985)

Judgement Date : 01 Mar 1985

Citation : 1985 Latest Caselaw 42 SC

Constitution of India
Contract Labour (Regulation and Abolition) Act, 1970
Industrial Disputes Act, 1947

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

Headnote :

The Food Corporation of India is responsible for the procurement, movement, and distribution of food grains across the nation. To carry out these tasks, the Corporation employs three categories of workers: (1) departmentalized labor, who are its regular staff; (2) direct paid labor; and (3) contract...

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State of Orissa & Other Vs. The Tltaghur Paper Mills Company Ltd. & ANR [1985] INSC 43 (1 March 1985)

Judgement Date : 01 Mar 1985

Citation : 1985 Latest Caselaw 43 SC

Central Sales Tax Act, 1956
Constitution of India
Government of India Act, 1935
Indian Easements Act, 1882
Orissa Forest Act, 1972
Sale of Goods Act, 1930

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
State of Madhya Pradesh Vs. Yakinuddin [1962] INSC 209 (4 May 1962)
Mahadeo Vs. The State of Bombay [1959] INSC 20 (9 March 1959)

Headnote :

Section 3B of the Orissa Sales Tax Act of 1917 grants the State Government the authority to periodically designate certain goods or categories of goods as subject to tax based on the turnover of purchases. The proviso states that no tax will be imposed on the sales of those goods or categories decla...

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Arun Kumar Chatterjee Vs. South Eastern Railway & Ors [1985] INSC 44 (1 March 1985)

Judgement Date : 01 Mar 1985

Citation : 1985 Latest Caselaw 44 SC

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

Headnote :

Rule 312 of the Railway Establishment Manual states that railway employees who transfer at their own request from one railway to another should be ranked below the existing confirmed officiating railway employees in the same grade. To clarify the meaning and implications of Rule 312, the Railway Boa...

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Bihar State Harijan Kalyan Parishad Vs. Union of India & Ors [1985] INSC 45 (1 March 1985)

Judgement Date : 01 Mar 1985

Citation : 1985 Latest Caselaw 45 SC

Constitution of India

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

Headnote :

In the event of promotions to positions filled through the selection method, 15% of posts were to be reserved for Scheduled Castes and 7.5% for Scheduled Tribes. Paragraph 9 of the Presidential Directive stated that this reservation rule also applied to promotions by selection for Group \'A\' posts...

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Ashutosh Swain Vs. State Transport Authority & Ors [1985] INSC 46 (1 March 1985)

Judgement Date : 01 Mar 1985

Citation : 1985 Latest Caselaw 46 SC

Motor Vehicles Act, 1939
Orissa Tourist Vehicles Rules, 1967

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

Headnote :

In response to an advertisement published on June 25, 1974, by the State Transport Authority of Orissa, which called for applications from operators for all-India Tourist Permits, several prospective operators, including the appellants, submitted their applications. At a meeting on February 2, 1975,...

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H.V. Pardasani Vs. Union of India & Ors [1985] INSC 47 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 47 SC

Constitution of India

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

Headnote :

The Central Secretariat Service consists of four grades: (i) Selection Grade (Deputy Secretary); (ii) Grade I (Under Secretary); (iii) Section Officers\' grade; and (iv) Assistants\' grade. According to Rule 12(2) of the Central Secretariat Service Rules, promotions to the Under Secretary grade are...

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Karam Pal & Ors Vs. Union of India & Ors [1985] INSC 48 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 48 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 1 Assistants, are governed by the Central Secretariat Service Rules of 1962 (hereafter referred to as the Rules). They filed a challenge under Article 32 regarding the validity of the Select List for the Section Officer grade for the years 1978, 1979, and 1980, as well as th...

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Dr. (Mrs.) Sushma Sharma Etc Vs. State of Rajasthan & Ors [1985] INSC 49 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 49 SC

Constitution of India
University of Rajasthan Act, 1946

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

Headnote :

The Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974 established a detailed process for the recruitment of teachers and officers in universities; however, no selections were conducted under this Act, and all appointments were made on a temporary basis. According...

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Pratibha Rani Vs. Suraj Kumar & ANR [1985] INSC 50 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 50 SC

CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 482. Saving of inherent power of High Court
Hindu Marriage Act, 1955
Indian Partnership Act, 1932
Indian Partnership Act, 1932
Indian Penal Code, 1860 (IPC)
IPC Section 14. Servant of Government
IPC Section 196. Using evidence known to be false
IPC Section 405. Criminal breach of trust
IPC Section 406. Punishment for criminal breach of trust

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
The State of Gujarat Vs. Jaswantlal Nathalal [1967] INSC 272 (23 November 1967)

Headnote :

The appellant, Pratibha Rani, who is the estranged wife of the first respondent, Suraj Kumar, lodged a criminal complaint against her husband, his father, three brothers, and a brother-in-law in the court of the Additional Chief Judicial Magistrate in Ludhiana. She alleged that: (i) she was married...

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Sant Lal Jain Vs. Avtar Singh [1985] INSC 51 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 51 SC

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

Headnote :

The appellant leased a plot of land for a period of 10 years to M/s Jain Motors, where he was initially a partner but later became the sole owner. The respondent obtained a one-year license from the appellant to use a shed for workshop operations. However, after the license expired, the respondent d...

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Rural Litigation And Entitlement Kendra Dehradun & Ors Vs. State of U.P. & Ors [1985] INSC 52 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 52 SC

Constitution of India
Metalliferous Mines Regulations, 1961

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

Headnote :

The current Writ Petitions concern the mining activities in limestone quarries located in the Dehradun mining area. While these petitions were pending, the Court established a committee, referred to as the Bhargav Committee, to inspect the limestone quarries mentioned in the petitions. Additionally,...

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Shanker Dass Vs. Union of India & ANR [1985] INSC 53 (12 March 1985)

Judgement Date : 12 Mar 1985

Citation : 1985 Latest Caselaw 53 SC

Constitution of India
CrPC Section 235. Judgment of acquittal or conviction
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
Probation of Offenders Act, 1958
Representation of the People Act, 1951

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

Headnote :

The appellant worked as a Cash Clerk in a department under the Government of India. He faced prosecution for breach of trust involving Rs. 500, which he repaid and admitted guilt. The Magistrate accepted his plea and convicted him under section 409 of the Indian Penal Code. However, considering the...

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N.Horangse Vs. M. Tsubongs [1985] INSC 54 (13 March 1985)

Judgement Date : 13 Mar 1985

Citation : 1985 Latest Caselaw 54 SC

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

Headnote :

Tsubongse, the election petitioner, and the respondent in this case, contested the Longkhim-Chre constituency of the Nagaland Legislative Assembly as a Congress (I) candidate in the election held on November 10, 1982. He lost to Horangse, the appellant and former Deputy Speaker of the last legislati...

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Brij Mohan Vs. Sat Pal [1985] INSC 55 (13 March 1985)

Judgement Date : 13 Mar 1985

Citation : 1985 Latest Caselaw 55 SC

Viveka Nand Giri Vs. Nawal Kishore Sahi [1984] INSC33 (16 February 1984)
State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Ram Awadesh Singh Vs. Sumitra Devi & Ors [1971] INSC 334 (3 December 1971)

Headnote :

The respondent in the appeal regarding an election filed a petition contesting the election of the appellant to the Assembly. In the petition, he argued that during the election for the Haryana Legislative Assembly from the Jind constituency, a candidate named Dog Ram submitted a nomination paper, w...

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Brij Mohan Vs. Mange Ram & Ors [1985] INSC 56 (13 March 1985)

Judgement Date : 13 Mar 1985

Citation : 1985 Latest Caselaw 56 SC

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

Headnote :

On May 19, 1982, during the election for the Haryana Legislative Assembly from the Jind Constituency, the appellant was declared the winner over his closest competitor, respondent No. I, by a margin of 146 votes. Respondent No. I contested the appellant\'s election, claiming that the appellant, alon...

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Commissioner of Wealth Tax Orissa, Bhubaneshwar. Vs Vysyaraju Badreenarayana Moorthy Raju, Berhampur [1985] INSC 57 (13 March 1985)

Judgement Date : 13 Mar 1985

Citation : 1985 Latest Caselaw 57 SC

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

Headnote :

The respondent-assesse was assessed for wealth tax for the assessment years 1965-66, 1966-67, and 1967-68 as a Hindu Undivided Family. In each of these years, the Wealth Tax Officer included an amount of Rs. 1.5 lakhs, which was estimated as the accrued interest on the assesse\'s money-lending inves...

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The Commissioner of Wealth Tax Gujarat, Ahmedabad Vs. Kantilal Manilal [1985] INSC 58 (13 March 1985)

Judgement Date : 13 Mar 1985

Citation : 1985 Latest Caselaw 58 SC

Income Tax Act, 1961

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

Headnote :

For the assessment years 1961-62 and 1962-63, with valuation dates of March 31, 1961, and March 31, 1962, respectively, assessment orders were issued under the Wealth Tax Act on March 24, 1961, and March 23, 1962. The notices of demand were served to the assessee on April 11, 1961, and April 11, 196...

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State of West Bengal Vs. Ghusick & Muslia Collieries Ltd. [1985] INSC 59 (15 March 1985)

Judgement Date : 15 Mar 1985

Citation : 1985 Latest Caselaw 59 SC

Cess Act, 1880
Cess Act, 1880
Cess Act, 1880

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

Headnote :

The respondent-Company pumped out percolated water from its coal mine and sold it to a nearby glass factory, which needed the water for cooling and other uses. The Company had been selling this percolated water for many years and had been paying cess under the Bengal Cess Act, 1880. However, for the...

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Ganpat Roy & Ors Vs. The Additional District Magistrate & Ors [1985] INSC 60 (19 March 1985)

Judgement Date : 19 Mar 1985

Citation : 1985 Latest Caselaw 60 SC

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

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

Headnote :

According to Section 12(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (referred to as the Act), a tenant of a non-residential building who conducts business in that building is considered to have vacated the premises if they admit a partner into their p...

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Shambhu Charan Shukla Vs. Thakur Ladli Radha Chandra Bmadan Gopalji Maharaj & ANR [1985] INSC 61 (19 March 1985)

Judgement Date : 19 Mar 1985

Citation : 1985 Latest Caselaw 61 SC

Hindu Succession Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Ram Rattan Vs. Bajrang Lal & Ors [1978] INSC 109 (5 May 1978)

Headnote :

The idol of Gopalji was established in the home of Purshottam Lal in Vrindavan, which subsequently became the temple for the deity. The founder, who had no children, performed Seva Puja for the deity during his lifetime, and after his passing, his wife continued this practice. By his will (Ex. A-2),...

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State of Maharashtra Vs. Narayan Rao Sham Rao Deshmukh & Ors [1985] INSC 62 (19 March 1985)

Judgement Date : 19 Mar 1985

Citation : 1985 Latest Caselaw 62 SC

Hindu Succession Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum & Ors [1978] INSC 95 (27 April 1978)

Headnote :

Sham Rao Bhagwant Rao Deshmukh, along with his son Narayan Rao Sham Rao Deshmukh, his wife Sulochanabai, and his mother Gangabai (also known as Taibai), were part of a joint Hindu family governed by the Mitakshara School of Law. This family owned significant property, including agricultural lands ac...

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A.A. Shirdone Etc Vs. Saheb H. Tajbhokhari [1985] INSC 63 (20 March 1985)

Judgement Date : 20 Mar 1985

Citation : 1985 Latest Caselaw 63 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Section 76. TPA, Liabilities of mortgagee in possession.

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

Headnote :

The respondent mortgaged various sections of a plot of land to multiple individuals. Five lawsuits were initiated for the redemption and actual possession of the mortgaged land against the mortgagees, who defended themselves by claiming they were tenants of the land before the mortgage and were in p...

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Chief of The Army Staff & Ors Vs. Major Dharam Pal Kukrety [1985] INSC 64 (21 March 1985)

Judgement Date : 21 Mar 1985

Citation : 1985 Latest Caselaw 64 SC

Air Force Act, 1950
Air Force Rules, 1969
Army Act, 1950
Army Rules, 1954
Constitution of India

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

Headnote :

The respondent, a permanent commissioned officer in the Indian Army with the substantive rank of captain and the acting rank of major, was ordered to face a general court martial due to certain incidents alleged to have occurred on November 5 and 6, 1975. On March 13, 1976, the court martial deliver...

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G.S. Lamba & Ors Vs. Union of India & Ors [1985] INSC 65 (22 March 1985)

Judgement Date : 22 Mar 1985

Citation : 1985 Latest Caselaw 65 SC

Constitution of India

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

Headnote :

The Indian Foreign Service Branch \'B\' was established in 1956, and the Indian Foreign Service Branch (Recruitment, Cadre, Seniority and Promotion) Rules, 1964 were enacted on May 6, 1964. From the inception of these rules, recruitment occurred through three channels: (i) direct recruitment based o...

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Shrishail Nageshi Pare Vs. State of Maharashtra [1985] INSC 66 (25 March 1985)

Judgement Date : 25 Mar 1985

Citation : 1985 Latest Caselaw 66 SC

IPC Section 302. Punishment for murder

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

Headnote :

The petitioner was found guilty by the Sessions Judge under Section 302 of the IPC, and this conviction was upheld by the High Court.Upon dismissing the Special Leave Petition, the court stated: 1. The testimony of an eyewitness, if credible, is adequate to support a conviction. However, in certain...

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Philips India Ltd. Vs. Labour Court, Madras & Ors [1985] INSC 67 (26 March 1985)

Judgement Date : 26 Mar 1985

Citation : 1985 Latest Caselaw 67 SC

Industrial Disputes Act, 1947

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

Headnote :

According to Section 14(1) of the Tamil Nadu Shops and Establishments Act, 1947, \"no employee in any establishment shall be required or permitted to work for more than eight hours in a day or forty-eight hours in a week.\" Furthermore, Section 31 states that if an employee is required to work overt...

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Collector of Customs & Central Excise & ANR Vs. M/S. Oriental Timber Industries [1985] INSC 68 (26 March 1985)

Judgement Date : 26 Mar 1985

Citation : 1985 Latest Caselaw 68 SC

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

Headnote :

The respondent company manufactures plywood circles intended for use as components in packing materials for wires and cables. Previously, the company was assessed for duty under the Central Excise and Salt Act, 1944, based on the total area of the circles produced, with duty collected when the circl...

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State (Delhi Administration) Vs. Puran Mal [1985] INSC 69 (26 March 1985)

Judgement Date : 26 Mar 1985

Citation : 1985 Latest Caselaw 69 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Municipal Corporation of Delhi Vs. Tek Chand Bhatia [1979] INSC 203 (11 October 1979)

Headnote :

According to Section 2(1)(f) of the Prevention of Food Adulteration Act, 1954, a food item is considered adulterated if it is wholly or partially made up of any filthy, putrid, disgusting, rotten, decomposed, or diseased animal or vegetable matter, is infested with insects, or is otherwise unsuitabl...

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Henry Westmuller Roberts, Vs. State of Assam & Ors [1985] INSC 70 (27 March 1985)

Judgement Date : 27 Mar 1985

Citation : 1985 Latest Caselaw 70 SC

CrPC Section 313. Power to examine the accused

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

Headnote :

On March 26, 1975, during the Holi festival, a 9-year-old boy was playing with other children near a Shiva Temple in a Pandal. The prosecution alleges that accused Nos. 1 and 2 kidnapped and murdered the boy to extort ransom from his father. Accused No. 1 was arrested on April 10, 1975, and the foll...

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T. Venkata Reddy Vs. State of Andhra Pradesh [1985] INSC 71 (27 March 1985)

Judgement Date : 27 Mar 1985

Citation : 1985 Latest Caselaw 71 SC

Constitution of India
Government of India Act, 1935
States Reorganisation Act, 1956

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

Headnote :

The State of Andhra Pradesh was established under the States Reorganisation Act of 1956, comprising two regions known as the \'Andhra Area\' and the \'Telangana Area\'. Each region had its own set of laws governing village administration. In the Andhra Area, which was previously part of the State of...

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State of Of Madhya Pradesh Vs. Vyankatlal & ANR [1985] INSC 72 (28 March 1985)

Judgement Date : 28 Mar 1985

Citation : 1985 Latest Caselaw 72 SC

Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

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

Headnote :

The respondents are the owners of a sugar mill located in the former Jaora State, which has since merged into the State of Madhya Bharat. Following this merger, the Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948 was enacted. A notification issued on September 5, 1949, designated \'sug...

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Associated Cement Co. Ltd. Vs. Director of Inspection, Customs Central, Excise, New Delhi [1985] INSC 73 (29 March 1985)

Judgement Date : 29 Mar 1985

Citation : 1985 Latest Caselaw 73 SC

Income Tax Act, 1961

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

Headnote :

The Tax Credit Certificate (Excise Duty on Excess Clearance) Scheme of 1965 was established by the Central Government under section 280ZD of the Income Tax Act of 1961 and was applied to the Cement Industry in 1985. For the fiscal year 1965-66, the excise duty on cement, as per the Central Excise an...

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Y. Ramanjaneyulu Vs. State of Andhra Pradesh & Ors [1985] INSC 74 (29 March 1985)

Judgement Date : 29 Mar 1985

Citation : 1985 Latest Caselaw 74 SC

Income Tax Act, 1961

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

Headnote :

G.O.Ms.No. 559, issued by the respondent-State on May 4, 1961, states that the principle of reservation for appointments should be applied to all levels of posts, including those related to promotions across all departments, including the Secretariat, where it had not previously been applicable.The...

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