Caselaw | Supreme Court Judgements of august 1987

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State of Uttar Pradesh & Ors Vs. Kasturi Lal Har Lal [1987] INSC 195 (3 August 1987)

Judgement Date : 03 Aug 1987

Citation : 1987 Latest Caselaw 194 SC

Central Sales Tax Act, 1956

Headnote :

Section 3 of the Central Sales Tax Act, 1956 states that a sale or purchase of goods is considered to occur in the context of inter-State trade or commerce if the sale or purchase (a) causes the movement of goods from one State to another, or (b) is carried out through the transfer of documents of t...

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Dr. Dinesh Kumar & Ors Vs. Motilal Nehru Medical College, Allahabad & Ors [1987] INSC 196 (3 August 1987)

Judgement Date : 03 Aug 1987

Citation : 1987 Latest Caselaw 195 SC

Headnote :

In accordance with the directives of this Court regarding the reservation of seats for admission to various study programs, including MBBS/BDS and Post Graduate Specialties, as well as the organization of an All India Entrance Examination, a Scheme was developed by the Medical Council of India in co...

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Krishna District Co-Operative Marketingsociety Limited, Vij Vs. N.V. Purnachandra Rao & Ors [1987] INSC 197 (3 August 1987)

Judgement Date : 03 Aug 1987

Citation : 1987 Latest Caselaw 196 SC

Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

Headnote :

Sub-section (1) of Section 40 of the Andhra Pradesh Shops and Establishments Act, 1966 prohibits employers covered by the Act from dismissing employees without adhering to the stipulated conditions. Section 25F of the Industrial Disputes Act, 1947 specifies prerequisites for the retrenchment of work...

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Smt. Nandita Bose Vs. Ratanlal Nahata [1987] INSC 198 (4 August 1987)

Judgement Date : 04 Aug 1987

Citation : 1987 Latest Caselaw 197 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882

Headnote :

After the respondent-tenant defaulted on rent payments starting in June 1984, the appellant landlady issued a notice terminating the tenancy effective January 31, 1985, and requested the tenant to vacate the premises. Subsequently, she filed a lawsuit in the High Court seeking possession of the prop...

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Cemindia Co. Ltd. Vs. Bachubhai N. Raval [1987] INSC 199 (4 August 1987)

Judgement Date : 04 Aug 1987

Citation : 1987 Latest Caselaw 198 SC

Headnote :

On September 26, 1964, a Notification was issued under Section 1(3)(b) of the Employees\' Provident Funds Miscellaneous Provisions Act, 1952, extending the Act\'s applicability to establishments of engineers and engineering contractors that are not solely involved in the building and construction in...

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Inder Mohan Lal Vs. Ramesh Khanna [1987] INSC 200 (4 August 1987)

Judgement Date : 04 Aug 1987

Citation : 1987 Latest Caselaw 199 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Section 107. TPA, Leases how made.

Headnote :

The appellant submitted an application to the Rent Controller around July 15, 1976, seeking to lease the premises to the respondent for residential use for a duration of two years under section 21 of the Delhi Rent Control Act, 1958, as he did not need the premises during that time. The respondent a...

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U.P. Pollution Control Board Vs. Modi Distillery & Ors [1987] INSC 201 (6 August 1987)

Judgement Date : 06 Aug 1987

Citation : 1987 Latest Caselaw 200 SC

CrPC Section 397. Calling for records to exercise powers of revision
Water (Prevention and Control of Pollution) Act, 1974

Headnote :

The respondent distillery, a division of M/s. Modi Industries Ltd. located in Modi Nagar, has been releasing its highly toxic and polluted industrial waste into the river via a local drain. On March 27, 1981, it submitted an application to the Pollution Control Board for permission to discharge its...

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Smt. Poonam Lata Vs. M.L. Wadhawan & ANR [1987] INSC 202 (7 August 1987)

Judgement Date : 07 Aug 1987

Citation : 1987 Latest Caselaw 201 SC

Constitution of India
CrPC Section 61. Form of summons
Customs Act, 1962

Headnote :

In criminal writ petition No. 292 of 1986, filed by the wife of the detainee on various grounds, the Vacation Judge ordered his release on parole until further notice. However, when the petition was heard by the Division Bench on March 3, 1987, the counsel limited his arguments to a single issue tha...

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U.P. Public Service Commission At Allahabad Vs. Suresh Chandra Tewari & ANR [1987] INSC 203 (7 August 1987)

Judgement Date : 07 Aug 1987

Citation : 1987 Latest Caselaw 202 SC

Headnote :

In an appeal made by respondent No. 1 regarding the orders that demoted him from the position of Section Officer to a lower rank and dismissed him from service, the State Government determined that he had not been given a fair chance to defend himself during the inquiry. Consequently, they annulled...

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R.D. Gupta & Ors Vs. Lt. Governor Delhi Admn, & Ors [1987] INSC 204 (7 August 1987)

Judgement Date : 07 Aug 1987

Citation : 1987 Latest Caselaw 203 SC

Delhi Municipal Corporation Act, 1957
Punjab Municipal Act, 1911

Headnote :

In Delhi\'s Union Territory, there are two primary civic organizations: the New Delhi Municipal Committee (NDMC) and the Delhi Municipal Corporation (MCD). The NDMC was established under the Punjab Municipal Act of 1913 to manage all civic responsibilities, including the provision of water and elect...

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Pratapsinhji N. Desai Vs. Deputy Charity Commissioner, Gujarat & Ors [1987] INSC 205 (11 August 1987)

Judgement Date : 11 Aug 1987

Citation : 1987 Latest Caselaw 204 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950

Headnote :

In Patadi, located in the former State of Patadi within the Saurashtra region of Gujarat, two temples were built: Sri Dwarkadhishji Mandir in 1872 and Sri Trikamrayji Mandir in 1875, funded by the state treasury under the then ruler.According to the Gram Panchayat records, the temples were registere...

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Conal Bihimappa Vs. State of Karnataka & Ors [1987] INSC 206 (11 August 1987)

Judgement Date : 15 Aug 1987

Citation : 1987 Latest Caselaw 205 SC

Constitution of India

Headnote :

According to the applicable Recruitment Rules for Class I junior scale positions, a quota system was established: two-thirds of the vacancies were to be filled through promotions from Class II officers, while the remaining one-third were to be filled via direct recruitment through a competitive exam...

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General Electric Company Vs. Renusagar Power Company [1987] INSC 207 (11 August 1987)

Judgement Date : 11 Aug 1987

Citation : 1987 Latest Caselaw 206 SC

Arbitration (Protocol and Convention) Act, 1937
Code of Civil Procedure, 1908 (CPC)

Headnote :

Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961, which is similar to section 34 of the Indian Arbitration Act, 1940, states that if any party involved in an agreement covered by Article II of the convention specified in the Schedule initiates legal proceedings in any court ag...

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Coimbatore District Podu Thozillar Samgamrepresented By Its Vs. Bala Subramania Foundry & Ors [1987] INSC 208 (11 August 1987)

Judgement Date : 11 Aug 1987

Citation : 1987 Latest Caselaw 207 SC

Headnote :

Disputes arose among the partners of the respondent firm, leading to multiple legal actions in lower courts, which eventually reached this Court. On November 2, 1982, this Court issued an order referring the disputes to an Arbitrator and instructed the trial court to resolve an application for the a...

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Joginder Kumar Butan Vs. R.P. Oberoi [1987] INSC 209 (12 August 1987)

Judgement Date : 12 Aug 1987

Citation : 1987 Latest Caselaw 208 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Inder Mohan Lal Vs. Ramesh Khanna [1987] INSC 200 (4 August 1987)

Headnote :

The respondent, a government official living in government housing, requested permission from the Rent Controller under section 21 of the Delhi Rent Control Act, 1958, to lease a part of his residence to the appellant for residential use for 18 months, as he did not need it during that time. The app...

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R.L. Marwaha Vs. Union of India & Ors [1987] INSC 210 (12 August 1987)

Judgement Date : 12 Aug 1987

Citation : 1987 Latest Caselaw 209 SC

Headnote :

The petitioner, who had worked temporarily in a pensionable position within the Central Government for three years before being absorbed into an autonomous body sponsored by the Central Government, retired from that body in 1980. However, he was not permitted to count his service with the Central Go...

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Hardeep Singh Vs. State of Haryana & Ors [1987] INSC 211 (13 August 1987)

Judgement Date : 13 Aug 1987

Citation : 1987 Latest Caselaw 210 SC

Constitution of India

Headnote :

The petitioner, a Constable in the Haryana Police Service, was dismissed from service during his probationary period without being given a chance to defend himself against the dismissal order. He contested this removal, arguing that it was a result of his involvement with the Haryana Police Associat...

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Osmania University Teachers Association Vs. State of Andhra Pradesh & ANR [1987] INSC 212 (13 August 1987)

Judgement Date : 13 Aug 1987

Citation : 1987 Latest Caselaw 211 SC

Andhra Pradesh Commissionerate of Higher Education Act, 1986
Andhra Pradesh Education Act, 1982
Constitution of India

State of Andhra Pradesh & Ors Vs. Lavu Narendranath & Ors [1971] INSC 49 (11 February 1971)

Headnote :

The Andhra Pradesh Commissionerate of Higher Education Act, 1986 (Act No. 26 of 1986) was established to create a Commissionerate that advises the Government on Higher Education matters in the State, oversees its development through strategic planning, and addresses related issues. This Act was enac...

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Inder Singh & Ors Vs. Vyas Muni Mishra & Ors [1987] INSC 213 (14 August 1987)

Judgement Date : 14 Aug 1987

Citation : 1987 Latest Caselaw 212 SC

Constitution of India

Headnote :

The U.P. Cane Development (Fourth Class) Service Rules, 1972, establish that the minimum qualification for the position of Ganna Gram Sewak is the completion of the High School Examination. Meanwhile, the U.P. Ganna Paryavekshak (III) Services Rules, 1972, specify that the basic qualification for th...

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State of Karnataka Vs. Narsa Reddy [1987] INSC 214 (14 August 1987)

Judgement Date : 14 Aug 1987

Citation : 1987 Latest Caselaw 213 SC

CrPC Section 482. Saving of inherent power of High Court
Dowry Prohibition Act, 1961
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

During the trial of the respondent and another individual under sections 302 and 201 in conjunction with section 34 of the I.P.C. for the murder of his wife, evidence surfaced indicating the involvement of two police officers in the disposal of the body. Consequently, these officers were also charge...

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Yashbir Singh & Ors Vs. Union of India & Ors [1987] INSC 215 (18 August 1987)

Judgement Date : 18 Aug 1987

Citation : 1987 Latest Caselaw 214 SC

Headnote :

The petitioners were employees of the railway. On July 2, 1970, the Railway Board released a circular outlining the procedure for filling train examiner positions and upgrading posts. It specified that 50% of vacancies in Grade C arising after April 1, 1966, would remain in that grade, while the oth...

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Kashi Ram Vs. Rakesh Arora [1987] INSC 216 (18 August 1987)

Judgement Date : 18 Aug 1987

Citation : 1987 Latest Caselaw 215 SC

Code of Civil Procedure, 1908 (CPC)
Delhi and Ajmer Rent Control Act, 1952
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Limitation Act, 1963

Headnote :

The Rent Controller issued an eviction order against the appellant-tenant in October 1960, citing the landlord\'s genuine need for the property. The Rent Tribunal dismissed the appeal against this order in October 1961.Subsequently, the landlord submitted an application in May 1962 seeking permissio...

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Common Cause Registered Society Vs. Union of India & Ors [1987] INSC 217 (18 August 1987)

Judgement Date : 13 Aug 1987

Citation : 1987 Latest Caselaw 216 SC

Constitution of India
Delhi Municipal Corporation Act, 1957

Headnote :

In the case of Dr. Balbir Singh & Ors. v. Municipal Corporation Delhi & Ors., [1985] 2 SCR 439, this Court established principles for determining the rateable value for property tax assessments on premises built in stages in Delhi. It highlighted that \"the formula outlined in sub-sections (1)(A)(2)...

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Calcutta Youth Front & Ors Vs. State of West Bengal & Ors [1987] INSC 218 (18 August 1987)

Judgement Date : 18 Aug 1987

Citation : 1987 Latest Caselaw 217 SC

Calcutta Municipal Corporation Act, 1980.

Headnote :

The petitioners submitted a writ petition to the High Court, contesting the legality and appropriateness of the Calcutta Municipal Corporation\'s decision to grant a license for the subsoil of Satyanarayan Park to respondent No. 14, Messrs. Happy Homes & Hotels Private Limited, for a duration of 30...

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International Ore & Fertilizers (India) Pvt. Ltd. Vs. Employees' State Insurance Corporation [1987] INSC 219 (18 August 1987)

Judgement Date : 18 Aug 1987

Citation : 1987 Latest Caselaw 218 SC

Headnote :

The petitioner, a limited company based in Secunderabad, was engaged in the business of importing fertilizers and acted as a representative for various foreign principals to sell their products in India.The Government of Andhra Pradesh, after providing a six-month notice, issued gazette notification...

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Khalid Hussain Vs. Commissioner & Secretary To Government of Tamil Nadu, Health [1987] INSC 220 (19 August 1987)

Judgement Date : 19 Aug 1987

Citation : 1987 Latest Caselaw 219 SC

Headnote :

The Tamil Nadu State Government allocated three seats for \'eminent sportsmen\' for the MBBS Course admissions for the 1986-87 academic year in Government Medical Colleges.According to Category (iii) in Annexure I of the prospectus, the order of preference for participation was specified as (a) Inte...

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Abhay Singh Surana & Ors Vs. Secretary Ministry of Communication & Ors [1987] INSC 221 (19 August 1987)

Judgement Date : 19 Aug 1987

Citation : 1987 Latest Caselaw 220 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894
Requisitioning and Acquisition of Immovable Property Act, 1952

Satinder Singh & Ors Vs. Amrao Singh & Ors [1961] INSC 31 (2 February 1961)

Headnote :

This appeal, granted by special leave, was limited exclusively to the issue of the right to interest on the sum awarded by the Arbitrator for the requisition of the premises under the Requisitioning and Acquisition of Immovable Property Act of 1952.

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Nancy John Lyndon Vs. Prabhati Lal Chowdhury & Ors [1987] INSC 222 (19 August 1987)

Judgement Date : 19 Aug 1987

Citation : 1987 Latest Caselaw 221 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant submitted a petition to enforce the monetary decree she obtained from the High Court against the judgment-debtor, leading to an attachment on open land and part of the judgment-debtor\'s property. Later, the judgment-debtor sold a section of the attached property, which was subsequentl...

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K. Rajaiah Vs. State of Andhra Pradesh & Ors [1987] INSC 223 (19 August 1987)

Judgement Date : 19 Aug 1987

Citation : 1987 Latest Caselaw 222 SC

Headnote :

On December 30, 1968, the appellant, who was an undergraduate at the time, was appointed as a Reserve Sub-Inspector of Police. While serving in this role, he completed his B.A. Examination in April 1971 and subsequently applied for the position of Sub-Inspector of Police (Civil) in response to a new...

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Ram Kumar Vs. State of Haryana [1987] INSC 224 (20 August 1987)

Judgement Date : 20 Aug 1987

Citation : 1987 Latest Caselaw 223 SC

Headnote :

The appellant, a bus conductor, had his service terminated following an inquiry into allegations that he failed to issue tickets to nine passengers, despite collecting fares from them. The appellant filed a lawsuit claiming that the termination order was illegal, void, and contrary to the principles...

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Hava Singh Vs. State of Haryana & ANR [1987] INSC 225 (21 August 1987)

Judgement Date : 21 Aug 1987

Citation : 1987 Latest Caselaw 224 SC

Constitution of India
CrPC Section 30. Sentence of imprisonment in default of fine
Punjab Borstal Act, 1926
Punjab Borstal Act, 1926
Punjab Borstal Act, 1926

Headnote :

The petitioner, who is approximately 18 years old, was convicted under section 302/34 of the Indian Penal Code and sentenced to life imprisonment by a judgment dated May 22, 1980. Since he was under 21 years of age at the time of the offense, he was placed in a Borstal Institution in accordance with...

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Modern Industrial Corporation Vs. Collector of Central Excise & Ors [1987] INSC 226 (25 August 1987)

Judgement Date : 25 Aug 1987

Citation : 1987 Latest Caselaw 225 SC

Headnote :

The Notification No. 68/76, dated March 16, 1976, issued by the Central Government, provided an exemption for converted types of paper, commonly referred to as imitation flint papers. These papers are created by printing color on one side, regardless of whether they are later varnished, glazed with...

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State of Gujarat Vs. Akhilesh C. Bhargav & Ors [1987] INSC 227 (26 August 1987)

Judgement Date : 26 Aug 1987

Citation : 1987 Latest Caselaw 226 SC

Constitution of India

Headnote :

The first respondent joined the Indian Police Service on July 4, 1969, and was assigned to the Gujarat State Cadre.He was under probation, and there was no extension of his probation period. He was discharged by the contested order dated April 9, 1974.The first respondent challenged the discharge or...

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Md. Salim Vs. Md. All & Ors [1987] INSC 228 (26 August 1987)

Judgement Date : 26 Aug 1987

Citation : 1987 Latest Caselaw 227 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

This petition for special leave to appeal was submitted in response to the judgment and order of the High Court, which determined that the petitioner was not a subtenant and therefore was subject to the eviction decree issued against the tenant. The petitioner contested the High Court\'s finding bef...

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Smt. Shanti Sharma & Ors Vs. Smt. Ved Prabha & Ors [1987] INSC 229 (26 August 1987)

Judgement Date : 26 Aug 1987

Citation : 1987 Latest Caselaw 228 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

An application was submitted by the landlord-respondent seeking to evict the tenant-appellant on several grounds. The Rent Controller issued an eviction order solely under Section 14(1)(e) of the Delhi Rent Control Act, citing bona fide use and occupation. This eviction order was upheld by the Tribu...

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Sushil Kumar Porwal & Ors Vs. Vipin Maneklal & Ors [1987] INSC 230 (27 August 1987)

Judgement Date : 27 Aug 1987

Citation : 1987 Latest Caselaw 229 SC

Headnote :

Kesharimal Porwal, who owned a gold and silver shop, passed away on October 7, 1952, leaving behind his widow Ratanbai, daughter Shantabai, and son Nem Kumar. In his will, Kesharimal bequeathed gold and silver to his grandsonsâ€”sons of Shantabai and Nem Kumarâ€”stating that each grandson would rece...

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Jai Prakash & Ors Vs. State of Haryana & Ors [1987] INSC 231 (27 August 1987)

Judgement Date : 27 Aug 1987

Citation : 1987 Latest Caselaw 230 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The first petitioner and petitioners two through five were convicted in two distinct incidents for offenses under Section 302 of the Indian Penal Code and were serving life sentences. The High Court granted them bail while their appeals were pending. The first petitioner\'s appeal was rejected on Se...

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Durgacharan Misra Vs. State of Orissa & Ors [1987] INSC 232 (27 August 1987)

Judgement Date : 27 Aug 1987

Citation : 1987 Latest Caselaw 231 SC

Constitution of India
Delhi Judicial Service Rules, 1970

Headnote :

The petitioner obtained 470 marks out of 950 in the written examination held by the Orissa Public Service Commission for the position of Probationary Munsifs for the year 1982-83. In the viva-voce test, he received 30 marks out of 200. However, he was not included in the merit list, even though cand...

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Subramaniam Shanmugham Vs. M.L. Rajendran & Ors [1987] INSC 233 (28 August 1987)

Judgement Date : 28 Aug 1987

Citation : 1987 Latest Caselaw 232 SC

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Headnote :

The appellant faced eviction under section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, from a room rented to him for non-residential use within a residential building. The landlord required additional space for residential purposes due to family marriages. The High Court...

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A.K. Subbaiah & Ors Vs. State of Karnataka & Ors [1987] INSC 234 (28 August 1987)

Judgement Date : 28 Sep 1987

Citation : 1987 Latest Caselaw 233 SC

CrPC Section 397. Calling for records to exercise powers of revision
Indian Penal Code, 1860 (IPC)
IPC Section 500. Punishment for defamation

Municipal Corporation of Delhi Vs. Ram Kishan Rohtagi & Ors [1982] INSC 90 (1 December 1982)

Headnote :

The trial court acknowledged a complaint from the State Government under Section 500 of the Indian Penal Code, which was based on a sanction provided by the State Government under Section 199(2) of the Criminal Procedure Code, as one of the individuals defamed was the Director General of Police. Con...

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