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Sodhi Transport Co. & ANR Vs. State of U.P. & ANR [1986] INSC 51 (20 March 1986)

Judgement Date : 20 Mar 1986

Citation : 1986 Latest Caselaw 51 SC

Headnote :

Indian Evidence Act, 1872: s.4 - Rebuttable presumption - Implications of a taxing statute that establishes a rebuttable presumption.Terminology: \'Shall presume\' - Interpretation - s.4, Indian Evidence Act/s.28-B Uttar Pradesh Sales Tax Act, 1948.Section 28 of the Uttar Pradesh Sales Tax Act, 1948...
Cantonment Board, Dehu Road & ANR Vs. Mahindra Owen Ltd. & ANR [1986] INSC 52 (31 March 1986)

Judgement Date : 31 Mar 1986

Citation : 1986 Latest Caselaw 52 SC

Headnote :

The first respondent company produces trailers and water tankers at its factory located in Pimpri, within the Pune District. Following the acceptance of tenders submitted to the Defence Department of the Union of India, the first respondent sold various quantities of 100 C.W.D. and 10 C.W.D. trailer...
Comptroller and Auditor General of India, Gian Prakash, New Vs. K.S. Jagannathan & ANR [1986] INSC 53 (1 April 1986)

Judgement Date : 01 Apr 1986

Citation : 1986 Latest Caselaw 53 SC

Headnote :

The Office Memorandum No. 36021/10/76-Estt.(SCT), dated January 21, 1977, issued by the Department of Personnel and Administrative Reforms to all Ministries and Departments, stipulated that if there were not enough Scheduled Caste (SC) and Scheduled Tribe (ST) candidates who met the general qualifyi...
Jayantrao Amratrao Pradhan Vs. Parthasarthy, Collector of Kaira District & Ors [1986] INSC 54 (1 April 1986)

Judgement Date : 01 Apr 1986

Citation : 1986 Latest Caselaw 54 SC

Headnote :

Over a century ago, the appellant\'s ancestor, Malharrao, was granted 74 acres and 10 gunthas of land by the Government, with a revenue assessment of Rs. 557, for the establishment of a village named Malharpura. He was appointed as the \'Patel\' of this new village, and in exchange for his services,...
Chenchu Rami Reddy & ANR Vs. Government of Andhra Pradesh & Ors [1986] INSC 55 (1 April 1986)

Judgement Date : 01 Apr 1986

Citation : 1986 Latest Caselaw 55 SC

Headnote :

Section 74(1) of the Andhra Pradesh Charitable & Hindu Religious and Endowments Act 1966, specifically clause (c), states: \"(c) Any sale of immovable property approved by the Commissioner under clause (b) must be conducted through public auction in the prescribed manner and is subject to the Commis...
Vrajlal Manilal and Co. & ANR Vs. State of Madhya Pradesh & ANR [1986] INSC 56 (2 April 1986)

Judgement Date : 02 Apr 1986

Citation : 1986 Latest Caselaw 56 SC

Headnote :

The Madhya Pradesh General Sales Tax Act of 1958 took effect on April 1, 1959, repealing all previous sales tax laws in the State. From that date, any Central or State Government entity, or any of their departments or offices that engage in the buying, selling, supplying, or distributing of goods, w...
M. Duraiswamy Vs. Murugan Bus Service & Ors [1986] INSC 57 (2 April 1986)

Judgement Date : 02 Apr 1986

Citation : 1986 Latest Caselaw 57 SC

Headnote :

The appellant held an inter-regional permit for a motor vehicle operating on the town service route No. 1A from Erode Railway Station to Tiruchengode. The majority of the route specified in the appellant\'s permit fell under the jurisdiction of the Regional Transport Authority of Periyar, while a sm...
Sonik Industries, Rajkot Vs. Municipal Corporation of The City of Rajkot [1986] INSC 58 (2 April 1986)

Judgement Date : 02 Apr 1986

Citation : 1986 Latest Caselaw 58 SC

Headnote :

The Rajkot municipality developed Draft rules for imposing rates on buildings and land within Rajkot. These Draft Rules were published, and objections were solicited before the State Government approved them. The November 28, 1964 issue of \"Jai Hind,\" a Gujarati newspaper from Rajkot, included a n...
S.G. Chemical and Dyes Trading Employees' Union Vs. S.G. Chemicals and Dyes Trading Limited & ANR [1986] INSC 59 (3 April 1986)

Judgement Date : 03 Apr 1986

Citation : 1986 Latest Caselaw 59 SC

Headnote :

Subsection (1) of Section 25-O of the Industrial Disputes Act, 1947 requires an employer planning to shut down an industrial establishment covered by Chapter V-B to submit a prior permission application to the appropriate Government at least ninety days before the intended closure date. Subsection (...
National Textile Corporation Ltd. & Ors Vs. Sitaram Mills Ltd. & Ors [1986] INSC 60 (4 April 1986)

Judgement Date : 04 Apr 1986

Citation : 1986 Latest Caselaw 60 SC

Headnote :

The sole issue in the appeal was whether the so-called Real Estate Division of the Company\'s textile operation, Shree Sitaram Mills, constituted a separate and distinct business, and thus whether the surplus lands were included as \"assets in relation to the textile undertaking\" as defined in subs...
Konkan Trading Company Vs. Suresh Govind Kamat Tarkar & Ors [1986] INSC 61 (4 April 1986)

Judgement Date : 04 Apr 1986

Citation : 1986 Latest Caselaw 61 SC

Headnote :

The appellant-firm initiated a suit against the respondents, which was permitted to be withdrawn on the condition of paying costs of Rs. 100, with the option to file a new suit based on the same cause of action as per sub-rule (3) of rule 1 of Order XXIII of the Code of Civil Procedure, 1908. The ap...
Bharat Singh Vs. Management of New Delhi Tuberculosis Centre, Jawaharlalnehr [1986] INSC 62 (4 April 1986)

Judgement Date : 04 Apr 1986

Citation : 1986 Latest Caselaw 62 SC

Headnote :

Section 17-B of the Industrial Disputes Act of 1947 became effective on August 21, 1984. This section stipulates that if a Labour Court, Tribunal, or National Tribunal orders the reinstatement of a worker and the employer challenges this decision in a High Court or the Supreme Court, the employer is...
Union Carbide India Limited Vs. Union of India & Ors [1986] INSC 63 (4 April 1986)

Judgement Date : 04 Apr 1986

Citation : 1986 Latest Caselaw 63 SC

Headnote :

The appellant, a public limited company, is engaged in the manufacturing and selling of flashlights (torches). Previously, it procured aluminum slugs to produce aluminum cans or torch bodies at its factory through an extrusion process. The Superintendent of Central Excise requested the appellant to...
Central Inland Water Transportcorporation Ltd. & ANR Vs. Brojo Nath Ganguly & ANR [1986] INSC 64 (6 April 1986)

Judgement Date : 06 Apr 1986

Citation : 1986 Latest Caselaw 64 SC

Headnote :

The Central Inland Water Transport Corporation, established on February 22, 1967, is a government-owned entity under the jurisdiction of the Government of India and the State Governments of West Bengal and Assam. It qualifies as a government company as defined by section 617 of the Companies Act, 19...
G.K. Dudani & Ors Vs. S.D. Sharma & Ors [1986] INSC 65 (6 April 1986)

Judgement Date : 06 Apr 1986

Citation : 1986 Latest Caselaw 65 SC

Headnote :

The dispute in these appeals relates to the inter se seniority between the direct-recruits and promotees to the cadre of Deputy Collectors formerly designated as 'Bombay Civil service Executive Branch : Deputy Collectors (Upper Division) ' and now designated as "Gujarat Civil Service Cl...
Nidamarti Maheshkkumar Vs. Statf of Maharashtra & Ors [1986] INSC 66 (6 April 1986)

Judgement Date : 06 Apr 1986

Citation : 1986 Latest Caselaw 66 SC

Headnote :

To gain admission to the MBBS program in Maharashtra, candidates must pass the 12th standard examination conducted by the Maharashtra State Board of Secondary and Higher Secondary Education. This board consists of three Divisional Boards: one for the Vidharbha region, another for the Marathwada regi...
J.P. Sharma Vs. Vinod Kumar Jain [1986] INSC 67 (8 April 1986)

Judgement Date : 08 Apr 1986

Citation : 1986 Latest Caselaw 67 SC

Headnote :

On May 13, 1981, M/s. Aurn Kumar & Co. submitted an application to import \'unset and uncut diamonds\' for the purpose of re-exporting cut and polished diamonds. On June 2, 1981, an alleged oral agreement was made between Jain Shudh Vanaspati Ltd. and Alugul, leading Jain Shudh Vanaspati Ltd. to app...
Chaitanya Kumar Vs. State of Karnataka & Ors [1986] INSC 68 (9 April 1986)

Judgement Date : 09 Apr 1986

Citation : 1986 Latest Caselaw 68 SC

Headnote :

Section 13(1)(e) of the Karnataka Excise Act, 1965 states that no individual may bottle liquor for sale without the proper authority and in accordance with the terms and conditions of a license. At the relevant time, Rule 3(2) of the Karnataka Excise (Bottling of Liquor) Rules, 1967 stipulated that...
Maiku Vs. Vilayat Hussain [1986] INSC 69 (10 April 1986)

Judgement Date : 10 Apr 1986

Citation : 1986 Latest Caselaw 69 SC

Headnote :

The appellant-tenant failed to pay the overdue rent despite receiving a verbal demand, a notice of demand, and a notice under Section 106 of the Transfer of Property Act, and did not vacate the premises. Consequently, the landlord initiated a lawsuit seeking recovery of the rent arrears and damages...
Rojasara Ramjibhai Dahyabhai Vs. Jani Narottamdas Lallubhai & ANR [1986] INSC 70 (10 April 1986)

Judgement Date : 10 Apr 1986

Citation : 1986 Latest Caselaw 70 SC

Headnote :

The appellant-defendant, who owned two plots of land measuring 491 and 1599 square yards located in the village of Dudheraj and classified as Girasdari agricultural land, entered into a written agreement (Ex.26) on October 19, 1949, with the Girasdar, Rana Mohabat Singh, to purchase the land at a ra...
Commissioner of Sales Tax, U.P. Vs. Auriaya Chamber of Commerce, Allahabad [1986] INSC 71 (10 April 1986)

Judgement Date : 10 Apr 1986

Citation : 1986 Latest Caselaw 71 SC

Headnote :

The proviso to section 29 of the U.P. Sales Tax Act of 1948 states that no request for a refund of any tax or other amount paid under the Act will be accepted unless it is made within 24 months from the date the assessment order was issued, or within 12 months of the final order made in an appeal, r...
Monthly-Rated Workmen At The Wadalafactory of The Indian Hu Vs. Indian Hume Pipe Company Ltd., Bombay [1986] INSC 72 (11 April 1986)

Judgement Date : 11 Apr 1986

Citation : 1986 Latest Caselaw 72 SC

Headnote :

The respondent is an engineering company that operates sixty factories across India. In Bombay, it has a factory located in Wadala and its head office at Ballard Estate. There have been four Industrial Disputes Awards related to the pay scales and dearness allowance for the workers in this company....
Niranjan Patnaik Vs. Sashibhusan Kar & ANR [1986] INSC 73 (11 April 1986)

Judgement Date : 11 Apr 1986

Citation : 1986 Latest Caselaw 73 SC

Headnote :

The appellant was a licensee of an iron ore mine, where P.W.2 served as his manager. The first respondent held the position of Senior Mining Officer for the region. Following a complaint from the manager that the first respondent had been demanding illegal payments of one thousand rupees per month f...
Atul Khullar & Ors Vs. State of J & K & Ors [1986] INSC 74 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 74 SC

Headnote :

The petitioners contested the selection process for candidates seeking admission to the first year of the MBBS and BDS programs at the Government Medical Colleges in Srinagar and Jammu, the B.E. First Year Course at the Regional Engineering College in Srinagar, and the nominations made by the State...
Mohan Meakin Breweries Ltd. Vs. Commissioner of Excise, Bihar & Ors [1986] INSC 75 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 75 SC

Headnote :

The duty rate on Indian-made foreign liquor was increased by a Notification dated October 13, 1967, which took effect on November 1, 1967. As a result, the Superintendent of Excise instructed the petitioner company to pay the difference in duty for the remaining stock as of November 1, 1967. The pet...
Raghunandan Saran Ashok Saran & Irs, Vs. Pearey Lal Workshop (P) Ltd. [1986] INSC 76 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 76 SC

Headnote :

The landlords, who are the appellants, filed three eviction petitions against the three tenant respondents concerning different sections of a building in New Delhi, citing non-payment of rent under Section 1 of the Delhi and Ajmer Rent Control Act of 1952. While the proceedings were ongoing, the Del...
Karan Singh & ANR Vs. State 0f M.P. & Ors [1986] INSC 77 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 77 SC

Headnote :

Exercising its authority under sub-section (5) of section 32 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973, the Agricultural Produce Market Committee in Bhind adopted a resolution on February 25, 1981, to eliminate the \"Kachhi Adhat System\" (which was incompatible with a directive issued...
Deputy Commissioner of Sales Tax Vs. A.B. Ismail [1986] INSC 78 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 78 SC

Headnote :

Section 5-A(1)(a) of the Kerala General Sales Tax Act, 1963 stipulates the imposition of purchase tax on the purchase turnover of a dealer who acquires goods, which are taxable under the Act, in situations where no tax is due under section 5, and subsequently uses those goods in the production of ot...
State of West Bengal & ANR Vs. Saral Kumar Sen Gupta & ANR [1986] INSC 79 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 79 SC

Headnote :

Respondent No.1, an employee of the State Government, was granted a lease for a two-room flat. According to Clause (7) of the tenancy agreement, the flat was to be used solely for the residence of Respondent No.1 and his family members. At that time, Respondent No.1\'s family included himself, his e...
S. Govindaraju Vs. K.S.R.T.C. & ANR [1986] INSC 80 (15 April 1986)

Judgement Date : 15 Apr 1986

Citation : 1986 Latest Caselaw 80 SC

Headnote :

Regulation 10(5) of the Karnataka Road Transport Corporation (Cadre and Recruitment) Regulations 1982 states that if a candidate in temporary or Badli employment is terminated or removed from service for being deemed unsuitable for the position, they will lose their opportunity for appointment based...
Rattan Arya Vs. State of Tamil Nadu & ANR [1986] INSC 81 (16 April 1986)

Judgement Date : 16 Apr 1986

Citation : 1986 Latest Caselaw 81 SC

Headnote :

Section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 excluded from the Act\'s application residential buildings with a monthly rent exceeding two hundred and fifty rupees, as well as non-residential buildings with a rent over four hundred rupees. This provision was amended i...
Hindustan Paper Corporation Ltd. Vs. Government of Kerala & Ors [1986] INSC 82 (16 April 1986)

Judgement Date : 16 Apr 1986

Citation : 1986 Latest Caselaw 82 SC

Headnote :

The Kerala Forest Produce (Fixation of Selling Price) Act, 1978 was established to outline the process for determining the selling prices of certain key forest products, to prohibit the sale of these products below the established prices, and to address related matters. This Act applies solely to fo...
Pathumma & ANR Vs. Muhammad [1986] INSC 83 (17 April 1986)

Judgement Date : 17 Apr 1986

Citation : 1986 Latest Caselaw 83 SC

Headnote :

In the criminal application submitted by the appellants under section 125 of the Code of Criminal Procedure, the Trial Court, after evaluating the evidence, accepted the respondent\'s defense that the first appellant was not his wife. However, it determined that the second appellant was his illegiti...
Haji Usmanbhai Hasanbhai Qureshi & Ors Vs. State of Gujarat [1986] INSC 84 (17 April 1986)

Judgement Date : 17 Apr 1986

Citation : 1986 Latest Caselaw 84 SC

Headnote :

Sub-section (1) of Section 5 of the Bombay Animal Preservation Act, 1954 prohibits the slaughter of animals unless a written certificate is issued by the competent authority confirming that the animal is fit for slaughter. Sub-section (1A), amended by Gujarat Act No. 23 of 1979, prohibits the issuan...
Municipal Corporation of Thecity of Ahmedabad & Ors Vs. Jan Mohammed Usmanbhai & ANR [1986] INSC 85 (17 April 1986)

Judgement Date : 17 Apr 1986

Citation : 1986 Latest Caselaw 85 SC

Headnote :

Section 466 (l)(D)(b) of the Bombay Provincial Municipal Corporation Act, 1949 grants the Municipal Commissioner the authority to establish standing orders, rules, and bye-laws. This authority includes determining the days and hours during which any market, slaughterhouse, or stockyard may operate....
R.S. Nayak Vs. A.R. Antulay & ANR [1986] INSC 86 (17 April 1986)

Judgement Date : 17 Apr 1986

Citation : 1986 Latest Caselaw 86 SC

Headnote :

The respondent was the Chief Minister of Maharashtra at the relevant time. On August 9, 1982, the appellant filed a complaint alleging that the respondent committed offenses punishable under sections 161, 165, 384, and 420 in conjunction with section 120B of the Indian Penal Code, as well as section...
General Radio & Appliances Co. Ltd. & Ors Vs. M.A. Khader [1986] INSC 87 (17 April 1986)

Judgement Date : 17 Apr 1986

Citation : 1986 Latest Caselaw 87 SC

Headnote :

M/s. General Radio & Appliances Co. Ltd., a tenant of the respondent-landlord since January 7, 1959, under a rental agreement dated January 12, 1959, submitted a company petition to the Bombay High Court under sections 391 and 394 of the Companies Act, seeking approval for a proposed amalgamation wi...
Secretary, Central Board of Excise and Customs & Ors Vs. K.S. Mahalingam [1986] INSC 88 (23 April 1986)

Judgement Date : 23 Apr 1986

Citation : 1986 Latest Caselaw 88 SC

Headnote :

A charge-sheet was issued to the respondent, a Government employee, which included two charges of misconduct related to a lack of integrity, insufficient dedication to duty, and behavior inappropriate for a Government servant. The respondent denied these allegations in his defense.The Inquiry Office...
Onkar Singh & Ors Vs. Regional Transport Authority, Agra & Ors [1986] INSC 89 (23 April 1986)

Judgement Date : 23 Apr 1986

Citation : 1986 Latest Caselaw 89 SC

Headnote :

The appellants, who are Private Operators, had secured temporary permits under section 68-F (1-C) of the Motor Vehicles Act 1939 for the Somna-Naujheel route. However, they were unable to obtain permits under Chapter IV of the Act for this route because a scheme published in 1960 under section 68-C...
Sumer Chand Sharma & ANR Vs. State of U.P. & ANR [1986] INSC 90 (24 April 1986)

Judgement Date : 24 Apr 1986

Citation : 1986 Latest Caselaw 90 SC

Headnote :

In the 1950s, following the nationalization of bus routes, private operators were not allowed to operate stage carriages on any part of the nationalized routes, as the nationalization schemes did not allow for such exceptions.However, under section 10(1)(c) of the Uttar Pradesh Road Transport Servic...
A.P. Christians Medical Educational Society Vs. Government of Andhra Pradesh & ANR [1986] INSC 91 (24 April 1986)

Judgement Date : 24 Apr 1986

Citation : 1986 Latest Caselaw 91 SC

Headnote :

The appellant, a registered society, aimed to establish and manage a medical college as an educational institution for Christian minorities in Andhra Pradesh. However, the Government of India and the Medical Council of India had a policy against allowing the establishment of new medical colleges.Pri...
Bhagwati Prasad Dixit 'Ghorewala' Vs. Rajeev Gandhi [1986] INSC 92 (25 April 1986)

Judgement Date : 25 Apr 1986

Citation : 1986 Latest Caselaw 92 SC

Headnote :

The appellant and the respondent were candidates for the Amethi Parliamentary Constituency in the most recent general election, with the respondent being declared the winner. The appellant challenged the respondent\'s election through a petition submitted to the High Court, arguing that:(1) He was d...
Azhar Hussain Vs. Rajiv Gandhi [1986] INSC 93 (25 April 1986)

Judgement Date : 25 Apr 1986

Citation : 1986 Latest Caselaw 93 SC

Headnote :

The individual who received the most votes in the 1984 general elections was declared elected as a Member of the Lok Sabha representing the Amethi Constituency in Uttar Pradesh.On the final day to contest the election results, the appellant, a voter from that constituency, filed an election petition...
Maj. Genl. A.S. Gauraya & ANR Vs. S.N. Thakur & ANR [1986] INSC 94 (25 April 1986)

Judgement Date : 25 Apr 1986

Citation : 1986 Latest Caselaw 94 SC

Headnote :

Respondent No. 1, the complainant, lodged a complaint against the appellants-accused in the Court of the Judicial Magistrate, First Class, New Delhi, alleging an offense punishable under sections 67 and 72-C(1)(a) of the Mines Act, 1952, in conjunction with Regulation 106 of the Metalliferous Mines...
Regional Director, Employees State Insurance Corporation Vs. South India Flour Mills (P) Ltd. [1986] INSC 95 (29 April 1986)

Judgement Date : 29 Apr 1986

Citation : 1986 Latest Caselaw 95 SC

Headnote :

The respondent company in Civil Appeal No. 801 of 1976 operates a flour mill that processes wheat into various wheat products. It began constructing an additional building within the premises of its existing factory to facilitate expansion and hired workers on a daily wage basis for this constructio...
Vrindavan Vs. Goverdhan Lal Pittie [1986] INSC 96 (29 April 1986)

Judgement Date : 29 Apr 1986

Citation : 1986 Latest Caselaw 96 SC

Headnote :

The petitioner received a three-month extension to file his wealth tax return but submitted it four months after the extension period ended. Consequently, the Wealth Tax Officer imposed a penalty under section 18(1)(a) of the Wealth Tax Act 1957, charging 1/2% of the total assessed wealth for each m...
Nanakram Vs. Kundalrai [1986] INSC 97 (29 April 1986)

Judgement Date : 29 Apr 1986

Citation : 1986 Latest Caselaw 97 SC

Headnote :

According to clause 22(1) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, every landlord of a house located in an area covered by these provisions is mandated by law to notify the Deputy Commissioner of any vacancy. Clause 22(1) states that landlords are prohibited...
Reserve Bank of India & Ors Vs. C.N. Sahasranaman & Ors [1986] INSC 98 (30 April 1986)

Judgement Date : 30 Apr 1986

Citation : 1986 Latest Caselaw 98 SC

Headnote :

The Reserve Bank of India operates from approximately 15 locations across the country. The employment conditions for its staff are regulated by the Reserve Bank of India (Staff) Regulations, 1948, along with various administrative orders issued over time, and by awards or settlements resulting from...
K. George Thomas Vs. Commissioner of Income-Tax, Kerala [1986] INSC 99 (30 April 1986)

Judgement Date : 30 Apr 1986

Citation : 1986 Latest Caselaw 99 SC

Headnote :

The appellant is classified as an individual for income tax purposes. He operates a printing press and a daily language newspaper. For the fiscal year 1962-63, he submitted a tax return indicating a loss. The Income-tax Officer found that the appellant, in his capacity as Vice-President of the India...
State of Tamil Nadu Vs. Kodaianal Motor Union (P) Ltd. [1986] INSC 100 (1 May 1986)

Judgement Date : 01 May 1986

Citation : 1986 Latest Caselaw 100 SC

Headnote :

The assessee acquired motor spare parts using \'C\' form certificates issued under the Central Sales Tax Act, 1956, intended for resale. However, instead of selling these parts, the assessees utilized them for their own purposes.The Revenue argued that since the goods purchased were not used for the...
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