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Ganpat Giri Vs. Iind Additional District Judge, Balia & Ors [1986] INSC 1 (7 January 1986)

Judgement Date : 07 Jan 1986

Citation : 1986 Latest Caselaw 1 SC

Headnote :

Code of Civil Procedure prior to its amendment by Code of Civil Procedure (Amendment) Act 1976, by sub-rules (1) and (3) of Rule 72, Order 21 laid down that no holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the proper...
Bhavarlal Labhchand Shah Vs. Kanaiyalal Nathalal Intawala [1986] INSC 2 (7 January 1986)

Judgement Date : 07 Jan 1986

Citation : 1986 Latest Caselaw 2 SC

Headnote :

The respondent who is the landlord of a building situated at Baroda had leased it out in favour of one Bai Maniben Dhirajlal Shah on a monthly rent of Rs. 22 for carrying on business in the said shop premises. Before her death she bequeathed her tenancy right in the said shop by a will in favour of...
Dilharshankar C. Bhachecha Vs. The Controller of Estate Duty, Ahmedabad [1986] INSC 3 (8 January 1986)

Judgement Date : 08 Jan 1986

Citation : 1986 Latest Caselaw 3 SC

Headnote :

The appellant Dilharshankar C. Bhachech being one of the grand-sons of the deceased Kamlashankar Gopalshankar and a legatee under a joint will of his grand parents is the accountable person under the Estate Duty Act, 1953. The deceased and his wife Mahendraba each possessed certain properties which...
State Bank of Travancore Vs. Commissioner of Income Tax, Kerala [1986] INSC 4 (8 January 1986)

Judgement Date : 08 Jan 1986

Citation : 1986 Latest Caselaw 4 SC

Headnote :

The assessee, a subsidiary bank of the State Bank of India, used to maintain in the accounting years 1964, 1965 and 1966, its accounts in mercantile system making entries and calculating income and loss on accrual basis and adopted the calendar year as its previous year. The assessee, in the course...
Sudhan Singh & Ors Vs. University of Delhi & Ors [1986] INSC 5 (14 January 1986)

Judgement Date : 14 Jan 1986

Citation : 1986 Latest Caselaw 5 SC

Headnote :

A building was bequeathed by its owner by his will in favour of the respondent-University. The respondent- University probated the will and decided to use the building to provide accommodation for its employees and on this ground filed applications for eviction against the petitioners under s. 22 of...
Monsanto Company By Their Patent Agent, De Penning And Depe Vs. Coramandal Indag Products (P) Ltd. [1986] INSC 6 (14 January 1986)

Judgement Date : 14 Jan 1986

Citation : 1986 Latest Caselaw 6 SC

Headnote :

The plaintiff-appellant instituted a suit against the respondent on the ground that its inventions entitled "Phytotoxic Compositions" and "Grass Selective Herbicide Compositions" duly patented containing the active ingredient "Butachlor" was infringed by the defendant-r...
Union of India & Ors Vs. Arun Kumar Roy [1986] INSC 7 (23 January 1986)

Judgement Date : 23 Jan 1986

Citation : 1986 Latest Caselaw 7 SC

Headnote :

The Respondent was appointed as a Stores Officer in the Department of Zoological Survey of India on July 30, 1975. He was placed on probation for two years. By a Memo dated July 25, 1977, his period of probation was extended by another year. During this extended period of probation, by an order d...
Om Parkash Agarwaletc. Vs. Giri Raj Kishori & Ors [1986] INSC 8 (28 January 1986)

Judgement Date : 28 Jan 1986

Citation : 1986 Latest Caselaw 8 SC

Headnote :

The Haryana Rural Development Fund Act, 1983 by section 3 provides that there shall be levied on the dealer for the purposes of the Act, a cess, on ad valorem basis, at the rate of one per centum of the sale proceeds of agricultural produce bought or sold or brought for processing in the notified ma...
Ram Chand Bhatia Vs. Hardyal [1986] INSC 9 (29 January 1986)

Judgement Date : 29 Jan 1986

Citation : 1986 Latest Caselaw 9 SC

Headnote :

In the 1982 Himachal Pradesh State Assembly elections the appellant Ram Chand Bhatia sponsored by Bhartiya Janata Party was declared elected defeating the next rival candidate Hardyal the respondent cum election petitioner cum official nominee of the Congress (I) Party by a margin of 3364 votes. Kan...
S.P. Gramophone Company Vs. C.I.T., Patiala [1986] INSC 10 (29 January 1986)

Judgement Date : 29 Jan 1986

Citation : 1986 Latest Caselaw 10 SC

Headnote :

Prior to the Assessment Year 1961-62 the appellant-f1rm was a partnership concern consisting of two partners, each having 50% share in the profits and losses of the firm and it was granted registration. Both the partners met with an accident on 19.10.1958 in which they suffered serious injuries and...
Gopal & Ors Vs. State of Tamil Nadu [1986] INSC 11 (30 January 1986)

Judgement Date : 30 Jan 1986

Citation : 1986 Latest Caselaw 11 SC

Headnote :

The Mirasdars used to bring labourers from outside for harvest of paddy from their fields as local labourers were reluctant to harvest paddy at the wage of 4 1/2 measures of paddy. The local labourers were very much aggrieved by this bringing of men from outside for harvesting of paddy. On 25th Dece...
State of Himachal Pradesh & ANR Vs. Umed Ram Sharma & Ors [1986] INSC 12 (11 February 1986)

Judgement Date : 11 Feb 1986

Citation : 1986 Latest Caselaw 12 SC

Headnote :

The petitioner, State sanctioned construction of a road known as Ghanna-Hatti-Bhukho road in district Simla. The total length of the road was about 5 kms. ant the construction was started immediately in 1977. When the construction of the road approached about 3/060 kms., there was obstruction ant th...
Filtrco & ANR Vs. Commissioner of Sales Tax, Madhya Pradesh & ANR [1986] INSC 13 (11 February 1986)

Judgement Date : 11 Feb 1986

Citation : 1986 Latest Caselaw 13 SC

Headnote :

The appellants M/s. Filtereo manufactures compressed felt by subjecting the Compressed woollen fibres to heat and moisture. On March 25, 1971 they addressed a communication to the Commissioner of Sales Tax forwarding a specimen of the felt manufactured in their factory and requesting that the same m...
Narender Chadha & Ors Vs. Union of India & Ors [1986] INSC 14 (11 February 1986)

Judgement Date : 11 Feb 1986

Citation : 1986 Latest Caselaw 14 SC

Headnote :

The Indian Economic Service Rules, 1961 and the Indian Statistical Service Rules, 1961 were notified on November 1, 1961. These Services were constituted with effect from that date by encadering numerous posts carrying economic and statistical functions in various ministries of the Government of Ind...
Collector of 24 Parganas & Ors Vs. Lalit Mohan Mullick & Ors [1986] INSC 15 (13 February 1986)

Judgement Date : 13 Feb 1986

Citation : 1986 Latest Caselaw 15 SC

Headnote :

A notification was issued for the acquisition of the land belonging to the respondents under s. 4 of the West Bengal Land Development and Planning Act, 1948 stating that the land in question was needed for the public purpose for the resettlement of immigrants who have migrated into the State of West...
Shivaji Atmaji Sawant & ANR Vs. State of Maharashtra & Ors [1986] INSC 16 (14 February 1986)

Judgement Date : 14 Feb 1986

Citation : 1986 Latest Caselaw 16 SC

Headnote :

The appellants were members of the Bombay Police Force and office-bearers of the Maharashtra Police Karamchari Sanghtana. They were dismissed from service without issuing any charge-sheet and without holding any inquiry into the acts of alleged misconduct committed by them under sub- ss.(1) and (2)...
State Bank of India Vs. Saksaria Sugar Mills Ltd. & Ors [1986] INSC 17 (14 February 1986)

Judgement Date : 14 Feb 1986

Citation : 1986 Latest Caselaw 17 SC

Headnote :

The Sugar Undertakings (Taking over of Management) Act, 1978, by Clause (b) of section 7(1) empowers the Central Government to issue a notification declaring that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instrumen...
General Manager, Security Paper Mill, Hoshangabad Vs. R.S. Sharma & Ors [1986] INSC 18 (14 February 1986)

Judgement Date : 14 Feb 1986

Citation : 1986 Latest Caselaw 18 SC

Headnote :

In the course of conciliation proceedings under the provisions of the Industrial Disputes Act, 1947, a settlement was arrived at on June 29, 1973 between the management of the Security Paper Mill, Hoshangabad, the appellant and the SPM Employees Union, Hoshangabad. One of the terms of the settlement...
M.C. Mehta & ANR Vs. Union of India & Ors [1986] INSC 19 (17 February 1986)

Judgement Date : 17 Feb 1986

Citation : 1986 Latest Caselaw 19 SC

Headnote :

Delhi Cloth Mills Ltd., a public limited company having its registered in Delhi runs an enterprise called Shriram Foods and Fertilizer Industries, which has several units engaged in the manufacture of caustic soda, chlorine, hydrochloric acid, stable bleaching powder, superphosphate, vanaspati, soap...
Controller of Estate Duty, A.P., Hyderabad Vs. Smt. Godavari Bai [1986] INSC 20 (18 February 1986)

Judgement Date : 18 Feb 1986

Citation : 1986 Latest Caselaw 20 SC

Headnote :

The respondent's husband was a partner in a firm carrying on business as bankers. He issued a cheque for Rs.3,00,000 in favour of the firm on 4th October, 1952 with a view to give Rs. 1,00,000 to each of his three minor grand nephews. This amount was debited to his account in the firm and credit...
State of West Bengal & Ors Vs. Calcutta Hardware Stores & Ors [1986] INSC 21 (20 February 1986)

Judgement Date : 20 Feb 1986

Citation : 1986 Latest Caselaw 21 SC

Headnote :

600 metric tonnes of tin plates worth about Rs.60 lakhs were seized from the respondent-firm. Prosecution was launched by the State Government against the respondents under ss.7 and 8 of the Essential Commodities Act 1955 for violation of paragraph 3(2) of the West Bengal Declaration of Stocks and P...
Mrs. Mary Roy Vs. State of Kerala & Ors [1986] INSC 22 (24 February 1986)

Judgement Date : 24 Feb 1986

Citation : 1986 Latest Caselaw 22 SC

Headnote :

Prior to July 1949, the State of Travancore was a princely State and the law in force in the territories of that State in regard to intestate succession to the property of the members of the Indian Christian Community was the Travancore Christian Succession Act, 1092 (Kollan Era). Under the said...
Girdhari Lal & Sons Vs. Balbir Nath Mathur & Ors [1986] INSC 23 (26 February 1986)

Judgement Date : 26 Feb 1986

Citation : 1986 Latest Caselaw 23 SC

Headnote :

The respondent-landlord, Balbir Nath Mathur had let out the demised premises to a firm M/s. Om Prakash & Co., whose three partners were close relations of the respondent- landlord. The tenant-firm in turn leased out the premises to the appellant-firm. A letter executed by the tenant-firm and att...
Atam Prakash Vs. State of Haryana & Ors [1986] INSC 24 (27 February 1986)

Judgement Date : 27 Feb 1986

Citation : 1986 Latest Caselaw 24 SC

Headnote :

Interpretation of statutes - Provision of Constitution sought to be interpreted or a statute whose constitutional validity is sought to be questioned - Interpretation that will promote march & Progress towards a Socialistic Democratic State - To be given. Section 15 of the Punjab Pre-emption...
Delhi Cloth & General Mills Co. Ltd. Vs. Union of India & Ors [1986] INSC 25 (4 March 1986)

Judgement Date : 04 Mar 1986

Citation : 1986 Latest Caselaw 25 SC

Headnote :

During the period between May 4, 1971 ant July 22, 1971 owing to the depression in the market, the appellant had to sell on wholesale basis its vegetable products known as "Panghat" and "Roshni" brands at Rs.78.66 and Rs.71.62 per tin in order to clear the accumulated stock and t...
S. Thenappa Chettiar Vs. State of Tamil Nadu [1986] INSC 26 (4 March 1986)

Judgement Date : 04 Mar 1986

Citation : 1986 Latest Caselaw 26 SC

Headnote :

The princely State of Pudukottai got merged with the Indian Union with effect from March 3, 1948 as a result of which it became part of the Madras Province. Pursuant to the report of the Prakasam Committee constituted in 1937 to look into the question of agrarian reform in Madras Province, the Madra...
D.K. Trivedi And Sons & Ors Vs. State of Gujarat & Ors [1986] INSC 27 (5 March 1986)

Judgement Date : 05 Mar 1986

Citation : 1986 Latest Caselaw 27 SC

Headnote :

The Writ Petitioners and appellants, were persons to whom the State of Gujarat had granted quarry leases and mining leases in respect of minor minerals such as black trap, lime stones, murrum, bentonite, rubble, marble, sandstone, quartzite, etc. In exercise of the powers conferred by section 15 of...
Raj Prakash Chemicals Ltd. & ANR Vs. Union of India & Ors [1986] INSC 28 (5 March 1986)

Judgement Date : 05 Mar 1986

Citation : 1986 Latest Caselaw 28 SC

Headnote :

The first appellant, a public limited company, engaged in the manufacture of acrylic ester monomers (Butyl Acrylate, Bthyle acrylate, 2-Ethyle Hexyl Acrylate and Methyle Acrylate) under an industrial licence granted in February 1975, commenced manufacture in December 1980 and was until then the only...
Ashok Kumar Mittal Vs. Maruti Udyog Ltd. & ANR [1986] INSC 29 (7 March 1986)

Judgement Date : 07 Mar 1986

Citation : 1986 Latest Caselaw 29 SC

Headnote :

The petitioner applied for allotment of "Maruti Car 800" and due to an error of the computer his name was not included for the allotment of "Maruti 800" but for "Maruti Truck". When the petitioer pointed out the discrepency the error was accepted by the respondents who...
Commissioner of Income-Tax Andhra Pradesh, Hyderabad. Vs. Andhra Pradesh State Road Transport Corporation, Hyderabad [1986] INSC 30 (7 March 1986)

Judgement Date : 07 Mar 1986

Citation : 1986 Latest Caselaw 30 SC

Headnote :

The Respondent, the Andhra Pradesh State Road Transport Corporation, is a Road Transport Corporation established under s.3 of the Road Transport Corporation Act, 1950. Prior to the establishment of the Respondent-Corporation, road transport in the State of Andhra Pradesh was a department of the Gove...
Om Prakash Vs. Bhagwan Das [1986] INSC 31 (10 March 1986)

Judgement Date : 10 Mar 1986

Citation : 1986 Latest Caselaw 31 SC

Headnote :

The Prescribed Authority, Varanasi and the Second Additional District Judge, in revision, after considering the comparative hardship likely to be caused to the tenant and the landlord, allowed the application of the appellant - landlord under s. 21(1)(a) of the U.P. Urban Buildings (Regulation of Le...
Suk Das & ANR Vs. Union Territory of Arunachal Pradesh [1986] INSC 32 (10 March 1986)

Judgement Date : 10 Mar 1986

Citation : 1986 Latest Caselaw 32 SC

Headnote :

The appellant and five other accused were charged in the Court of Addl. Deputy Commissioner for an offence under section 506 read with section 34 of the Indian Penal Code on the allegation that they threatened an Assistant Engineer of the Central Public Works Department with a view to compelling him...
Santosh Kumar & Ors Vs. Central Warehousing Corporation & ANR [1986] INSC 33 (11 March 1986)

Judgement Date : 11 Mar 1986

Citation : 1986 Latest Caselaw 33 SC

Headnote :

Award of Collector under s.11 - Whether Government, Company or local authority can seek a reference under s. 18, except on grounds of fraud, corruption or collusion - Whether petition under Article 226 filed by Government or anyone claiming through it, challenging the Collector's order declining...
M. Satyanarayana Vs. The State of Karnataka & ANR [1986] INSC 34 (12 March 1986)

Judgement Date : 12 Mar 1986

Citation : 1986 Latest Caselaw 34 SC

Headnote :

The appellant who is a student of some academic distinction and ability sought admission to the Ist year of MBBS Course under the special category being a son of a freedom fighter or political sufferer within the meaning of clause (iii) of Rule 4 of the Karnataka Medical Colleges (Selection of Candi...
Delhi Cloth & General Mills Company Ltd. & ANR Vs. Rajasthan State Electricity Board & ANR [1986] INSC 35 (12 March 1986)

Judgement Date : 12 Mar 1986

Citation : 1986 Latest Caselaw 35 SC

Headnote :

By an agreement dated July 28, 1961, the Respondent- State Electricity Board agreed to supply the appellants with bulk electrical energy for their power oriented industry at a concessional rate for a period of 20 years. Under cl. 18 of the agreement, it was provided that the rate of supply was revie...
Indo-Aden Salt Mfg. & Trading Co. Pvt. Ltd. Vs. Commissioner of Income Tax, Bombay [1986] INSC 36 (12 March 1986)

Judgement Date : 12 Mar 1986

Citation : 1986 Latest Caselaw 36 SC

Headnote :

A partnership firm business carried on by M/s. Indo Aden Salt Works Co. was taken over by the appellant-assessee by an agreement dated 24.8.1949. During the assessment year 1950-51, the said Agreement as well as the Valuation Report of the assets had been filed before the assessing authority. The...
Mohd. Salimuddin Vs. Misri Lal & ANR [1986] INSC 37 (12 March 1986)

Judgement Date : 12 Mar 1986

Citation : 1986 Latest Caselaw 37 SC

Headnote :

The appellant-tenant had advanced a sum of Rs.2,000 to the landlord in order to secure the tenancy under an agreement which provided that loan amount was to be adjusted against the rent which accrued subsequently. The respondent- landlord filed a suit against the appellant-tenant for eviction on the...
Bakul Cashew Co. & Ors Vs. Sales Tax Officer Quilon & ANR [1986] INSC 38 (12 March 1986)

Judgement Date : 12 Mar 1986

Citation : 1986 Latest Caselaw 38 SC

Headnote :

The appellants are Cashew Processors owning and/or working cashew factories wherein nearly about 80 per cent of the raw nuts processed were being imported during the relevant time from African countries. The import of raw nuts were canalised through the Cashew Corporation of India and they were allo...
State of Maharashtra & ANR Vs. Basantibai Mohanlal Khetan & Ors [1986] INSC 39 (13 March 1986)

Judgement Date : 13 Mar 1986

Citation : 1986 Latest Caselaw 39 SC

Headnote :

One Mohanlal Fakirchand Khetan was the owner of a piece of land measuring 3.98.60 hectares bearing Survey No. 28 at village Bhushi in Maval Taluka of Pune District having purchased it under the sale deed dated January 18, 1966. The said land is, however, situated within the municipal limits of Lonav...
Kumari Suneeta Ramchandra Vs. State of Maharashtra & ANR [1986] INSC 40 (13 March 1986)

Judgement Date : 13 Mar 1986

Citation : 1986 Latest Caselaw 40 SC

Headnote :

The appellant's father, a Central Government servant, was transferred from Hyderabad in the State of Andhra Pradesh to Nagpur in the State of Maharashtra. The appellant had passed SSC Examination from Andhra Pradesh. At Nagpur, she passed the HSC (XII Standard) Examination, this being one of the...
Doburg Lager Breweries Pvt. Ltd. Vs. Dhariwal Bottle Trading Co. & ANR [1986] INSC 41 (14 March 1986)

Judgement Date : 14 Mar 1986

Citation : 1986 Latest Caselaw 41 SC

Headnote :

The appellant, a private limited company, carrying on business in a backward area of the State, had employed about 200 workmen. It had borrowed about Rs.52.30 lakhs from the State Industrial and Investment Corporation of Maharashtra Limited (SICOM). It ran into financial difficulties as a result of...
Umaji Keshao Meshram & Ors Vs. Radhikabai W/O Anandrao Banapurkar & ANR [1986] INSC 42 (14 March 1986)

Judgement Date : 14 Mar 1986

Citation : 1986 Latest Caselaw 42 SC

Headnote :

Clause 15 of the Letters Patent, Bombay, in its finally amended and operative form (January 1929) provided that an appeal shall lie to the High Court of Judicature at Bombay, from a judgment of one Judge of the High Court, pursuant to s.108 of the Government of India Act of 1915, not being (a) a jud...
Associated Tanners Vizianagram, A.P. Vs. Commercial Tax Officer, Vizianagram, Andhra Pradesh & Ors [1986] INSC 43 (18 March 1986)

Judgement Date : 18 Mar 1986

Citation : 1986 Latest Caselaw 43 SC

Headnote :

Under item 9(b) of the third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 tanned hides and skins, (which were not subjected to tax as untanned hides and skins), when purchased by a manufacturer in the State at the point of purchase e by the manufacturer and in all other cases at the po...
Chunni Lal Parshadi Lal Vs. Commissioner of Sales Tax, U.P., Lucknow [1986] INSC 44 (18 March 1986)

Judgement Date : 18 Mar 1986

Citation : 1986 Latest Caselaw 44 SC

Headnote :

The turnover of cotton yarn was taxable under s.3-AA of the U.P. Sales Tax Act, 1948 at the point of sale of the consumers. The assessee, a dealer in cotton yarn, in the assessment year 1960-1961 was granted exemption on the turnover of cotton yarn amounting to Rs. 8,70,810 by the Sales-tax Officer...
Commissioner of Income Tax Vs. Shivakami Co. Pvt. Ltd. [1986] INSC 45 (18 March 1986)

Judgement Date : 18 Mar 1986

Citation : 1986 Latest Caselaw 45 SC

Headnote :

The respondent, a private company under the Companies Act, 1956 in C.A. 1533 of 1974, had shares in two private companies. during the relevant period, it sold those shares and according to the respondent-assessee, the sales resulted in a loss. The shares were not quoted in stock market. However,...
Om Prakash Shukla Vs. Akhilesh Kumar Shukla & Ors [1986] INSC 46 (18 March 1986)

Judgement Date : 18 Mar 1986

Citation : 1986 Latest Caselaw 46 SC

Headnote :

Recruitment to the ministerial establishment in the Subordinate Civil Courts of the United Provinces was regulated by the Subordinate Civil Courts Ministerial Establishments Rules 1947. Rule 11 provided that the recruitment shall be based on the results of a competitive examination and an interview,...
Commissioner of Income-Tax, Orissa Vs. Orissa Corporation (P) Ltd. [1986] INSC 47 (19 March 1986)

Judgement Date : 19 Mar 1986

Citation : 1986 Latest Caselaw 47 SC

Headnote :

For the accounting year ending on 31st March, 1961, corresponding to the assessment year 1962-63, the Income-tax Officer did not accept the assessee's accounts showing cash credit of Rs.1,50,000 said to have been received by way of loans from three individual creditors. He produced before the In...
Indravadan H. Shah Vs. State of Gujarat & ANR [1986] INSC 48 (19 March 1986)

Judgement Date : 19 Mar 1986

Citation : 1986 Latest Caselaw 48 SC

Headnote :

The Gujarat Judicial Service Recruitment Rules 1961 as amended upto 1979 lay down the mode of recruitment to and constitution of the Gujarat Judicial Service. The Service shall constitute of two branches, namely, (1) Junior Branch and (2) Senior Branch. Rules 6(4)(i) and 6(4)(iii)(a) provide that a...
Niranjan & Co. P. Ltd. Vs. Commissioner of Income Tax, West Bengal & Ors [1986] INSC 49 (19 March 1986)

Judgement Date : 19 Mar 1986

Citation : 1986 Latest Caselaw 49 SC

Headnote :

The appellant-assessee filed its return along with a copy of the Balance-Sheet and profit and loss account in November, 1962 showing an income of Rs.2.092 as its profit. According to the appellant, a mistake had occurred in the preparation of the return, inasmuch as the profit of Rs. 10,718.46...
Commissioner of Income Tax U.P., Lucknow Vs. J.K. Hosiery Factory, Kanpur [1986] INSC 50 (19 March 1986)

Judgement Date : 19 Mar 1986

Citation : 1986 Latest Caselaw 50 SC

Headnote :

M/s. J.K. Hosiery Factory, Kanpur the respondent assessee firm originally consisted of three Singhania Brothers and one J.P. Agarwal as partners. The Singhania brothers retired in 1946 and in their place Kamala Town Trust was alleged to have become partner. During the assessment year 1949-50 the unr...
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