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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 - Provision of taxing statute creating a rebuttable presumption - Effect of. Words and Phrases: 'Shall presume' - Meaning of - s.4, Indian Evidence Act/s.28-B Uttar Pradesh Sales Tax Act, 1948. Section 28 of the Uttar Pradesh Sale...
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 manufactures trailers ant water tankers at its factory at Pimpri in the District of Poone. Pursuant to the acceptance of the tenders submitted to the Defence Department of the Union of India, the first respondent sold different quantities of 100 C.W.D. ant 10 C.W.D. trai...
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 :

Office Memorandum No. 36021/10/76-Estt.(SCT) dated January 21, 1977 issued by the Department of Personnel and Administrative Reforms to all Ministeries and Departments, required that if a sufficient number of Scheduled Caste and Scheduled Tribe candidates were not available in the qualifying examina...
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 :

Much more than a century ago the appellant's ancestor Malharrao was granted 74 acres and 10 gunthas of lands by the Government, revenue assessment of which was Rs. 557, for founding a village called Malharpura. He was also appointed 'Patel' of the newly founded village and in lieu of rem...
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 by clause (c) provides : C "(c) Every sale of any such immovable property sanctioned by the Commissioner under clause (b) shall be effected by public auction in the prescribed manner subject to the conf...
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, 1958 came into force on April 1, 1959 repealing all the earlier sales tax laws in force in the State. With effect from that date the Central Government or a State Government or any of their departments or offices which buy, sell, supply or distribute goods,...
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 was the holder of an inter-regional permit in respect of a motor vehicle plying on the town service route No.1A from Erode Railway Station to Tiruchengode. The major portion of the route mentioned in the permit of the appellant was lying within the jurisdiction of the Regional Transpor...
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 framed Draft rules for the levy of rates on buildings and lands in Rajkot. The Draft Rules were published and objections were invited and, thereafter the State Government accorded its sanction to the rules. The issue dated November 28, 1964 of "Jai Hind", a Gujarati...
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 :

Sub-s. (1) of 8. 25-o of the Industrial Disputes Act, 1947 obligates an employer, who intends to close down an undertaking of an industrial establishment, to which Chapter V-B applies, to submit an application for prior permission at least ninety days before the date on which the intended closure is...
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 only question involved in the appeal was whether the so-called Real Estate Division of the Company's textile undertaking Shree Sitaram Mills was a separate and distinct business and therefore the surplus lands did form part of the "assets in relation to the textile undertaking" wit...
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 :

A suit instituted by the appellant-firm against the respondents was allowed to be withdrawn but on payment of costs of Rs. 100 with liberty to file a fresh suit on the same cause of action under sub-rule (3) of rule 1 of Order XXIII of the Code of Civil Procedure, 1908. The appellant- firm filed a f...
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 1947 came into force with effect from August 21, 1984. It provided that where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of a workman and the employer prefers any proceedings against such award in a High C...
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, carries on the business of the manufacture and sale of flashlights (torches). It used to purchase aluminium slugs and produce aluminium cans or torch bodies at its factory by a process of extrusion. The Superintendent of Central Excise required the appellant...
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 which was incorporated on February 22, 1967 is a company owned by the Government of India and the State Governments of West Bengal and Assam. It is a Government company within the meaning of section 617 of the Companies Act, 1956. The Memorandum of Asso...
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 :

The qualification required for admission to the MBBS course in the State of Maharashtra is the passing of 12th standard examination held by the Mahsrashtra State Board of Secondary and Higher Secondary Education. It comprises of three Divisional Boards - one for Vidharbha region, another for Marathw...
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 13th May, 1981 M/s. Aurn Kumar & Co. applied for import of 'diamonds unset and uncut' for the purpose of re- export of cut and polished diamonds. On 2nd June, 1981, there was an alleged oral agreement entered into between Jain Shudh Vanaspati Ltd. and Alugul and Jain Shudh Vanaspati L...
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 prescribes that no person shall bottle liquor for sale except under the authority and subject to the terms and conditions of a licence. Rule 3(2) of the Karnataka Excise (Bottling of Liquor) Rules, 1967, as it stood at the relevant time, provided th...
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 neither paid the arrears of rent in spite of verbal demand, notice of demand, and notice under s.106 of the Transfer of Property Act, nor vacated the premises. The landlord, therefore, filed a suit claiming arrears of rent and damages for the period of default as also pendente l...
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 was the owner of two plots of land admeasuring 491 and 1599 square yards situate in village Dudheraj recorded as Girasdari agricultural land entered into an agreement in writing (Ex.26), on October 19, 1949, with the Girasdar, Rana Mohabat Singh to purchase the said lands...
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 s. 29 of the U.P. Sales Tax Act 1948 provides that no claim to the refund of any tax or other amount paid under the Act shall be allowed unless it was made within 24 months from the date on which the order for assessment was passed or within 12 months of the final order passed in appe...
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 concern owning sixty factories spread throughout India. In Bombay, it has a factory at Wadala and head office at Ballard Estate. There were four Industrial Disputes Awards in this company pertaining to the pay-scales and dearness allowance of the workmen. By the Awar...
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 was employed as his manager. The first respondent was the Senior Mining Officer for the area. On a complaint by the manager that the first respondent had been extracting illegal gratification at the rate of rupees one thousand per month du...
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 challenged the selection of candidates for admission to the first year of the MBBS and BDS degrees in the Government Medical Colleges at Srinagar and Jammu, the B.E. First Year Course in the Regional Engineering College, Srinagar, and the nominations made by the State Government to t...
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 :

Rate of duty on Indian mate foreign liquor was enhanced by Notification dated October 13, 1967 effective from November 1, 1967. Consequently the Superintendent of Excise directed the petitioner-company to pay the difference of duty on the balance of stock as on November 1, 1967. That demand order wa...
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 appellants-landlords flied three eviction petitions against not the three respondents tenants in respect of different portions of a building situated in New Delhi under section (1) of the Delhi and Ajmer Rent Control Act 1952 (Act of 19523 on the ground of non-payment of rent. During the pendenc...
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 :

In exercise of its powers under sub-section (5) of section 32 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973, the Agricultural Produce Market Committee, Bhind passed a resolution on February 25, 1981 resolving to abolish the "Kachhi Adhat System" (which could not exist with a dire...
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 provides for levy of purchase tax on the purchase turnover of a dealer who in the course of his business purchases goods, the sale or purchase of which is liable to tax under that Act, in circumstances in which no tax is payable under s.5 a...
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 allotted on lease a two-roomed flat. Clause (7) of the agreement of tenancy provided that the premises shall be used exclusively for the purpose of the residence of Respondent No.1 and the members of his family. At that time the family of the...
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 Regulations (Karnataka Road Transport Corporation (Cadre and Recruitment) Regulations 1982 provides that during temporary/Badli employment a candidate if terminated/removed from service as unsuitable for the post, he will forfeit his chance for the appointment in terms of his...
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 excepted from the application of the Act residential buildings which fetched a rent of more than rupees two hundred and fifty per month and non-residential buildings which fetched a rent of more than rupees four hundred pe...
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 enacted with the object of providing for the procedure to be followed in fixing the selling prices of certain important forest produce, for the prohibition of the sale of such forest produce at less than the prices so fixed and for...
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 filed by the appellants under section 125 of the Code of Criminal Procedure, the Trial Court on an appreciation of the evidence accepted the defence of the respondent that the first appellant was not his wife but held that the second appellant was his illegitimate child a...
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 s. 5 of the Bombay Animal Preservation Act, 1954 prohibits slaughter of animals except on a certificate in writing issued by the competent authority that the animal is fit for slaughter. Sub-section (1A) of s.5, substituted by Gujarat Act No. 23 of 1979, prohibits grant of such a...
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 confers on the Municipal Commissioner power to make standing orders, rules and bye- laws. One of such powers extends to fixation of days and hours during which any market, slaughter house or stock-yard may be kept open fo...
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 at the relevant time Chief Minister of the State of Maharashtra. The appellant lodged a complaint on August 9, 1982 alleging commission of offences by the respondent punishable under ss. 161, 165, 384 and 420 read with s. 120B, Indian Penal Ccie as also s. 5(2) read with s. 5(1)(d...
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 under the respondent-landlord with effect from 7th day of January, 1959 under a rent agreement dated 12.1.1959 filed a company petition, before the Bombay High Court, under sections 391 and 394 of the Companies Act praying for an order sanctioni...
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 served on the respondent, a Government servant, containing two articles of charges alleging misconduct involving lack of integrity and lack of devotion to duty and conduct unbecoming of a Government servant. In his defence the respondent denied the charges. The Inquiry Officer...
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, Private Operators, had obtained temporary permits under section 68-F (1-C) of the Motor Vehicles Act 1939 on the route Somna-Naujheel. They could not obtain permits under Chapter IV of the Act to operate on the said route since a scheme published in 1960 under section 68-C of the Act...
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 :

After the nationalisation of bus routes in the Fifties, it was not permissible to permit any private operator to ply a stage carriage on any sector of the nationalised routes as the schemes of nationalisation did not provide for it. However, by virtue of section 10(1) (c) of Uttar Pradesh Road Tr...
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, purported to establish and administer a medical college as a Christian minorities' educational institution in Andhra Pradesh. The policy of the Government of India and the Medical Council of India was not to permit the opening of new medical colleges. It w...
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 at the last general election. The respondent was declared elected. The appellant by a petition filed before the High Court assailed the election of the respondent contending: (1) that he was disqualified un...
Azhar Hussain Vs. Rajiv Gandhi [1986] INSC 93 (25 April 1986)

Judgement Date : 25 Apr 1986

Citation : 1986 Latest Caselaw 93 SC

Headnote :

The respondent having secured the highest votes in the 1984 general elections was declared elected as a Member of the Lok Sabha from the Amethi Constituency of Uttar Pradesh. On the last date for challenging the election, the appellant, an elector 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.l, complainant, filed a complaint against the appellants-accused in the Court of the Judicial Magistrate, First Class, New Delhi disclosing an offence punishable under s. 67 and 72-C(l)(a) of the Mines Act, 1952 read with Regulation 106 of the Metallifarous Mines Regulation, 1961. The...
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 is engaged in milling wheat into wheat products in its flour mill. It commenced the construction of another building in the compound of the existing factory for the expansion of the factory and engaged workmen for such construction on daily wage...
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 was granted extension of time for three months for filing his wealth tax return. However, he filed the return four months after the period of extension. The Wealth Tax Officer imposed a penalty on him under s. 18(1)(a) of the Wealth Tax Act 1957 at the rate of 1/2% of the total wea...
Nanakram Vs. Kundalrai [1986] INSC 97 (29 April 1986)

Judgement Date : 29 Apr 1986

Citation : 1986 Latest Caselaw 97 SC

Headnote :

Under clause 22(1) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 every landlord of a house situated in an area to which those provisions extend is required by the statute to give intimation of a vacancy to the Deputy Commissioner. Clause 22(1) declares that the la...
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 had its offices at nearly 15 centres throughout India. The service conditions of the employees of the Reserve Bank are governed by the Reserve Bank of India (Staff) Regulations, 1948 and Administrative orders passed from time to time and also by Industrial Disputes Awards o...
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 assessed to income tax in the status of an individual. He runs a printing press and a daily language newspaper. For the year 1962-63, he filed a return of income showing a loss. The Income-tax Officer discovered that various remittances from abroad had been received by the assessee...
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 had purchased motor spare parts on the basis of 'C' form certificates issued to them under the Central Sales Tax Act, 1956, for sale, but instead of selling, the assessees used them for their own consumption. The Revenue proceeded on the basis that since the goods purchased h...
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