Caselaw | Supreme Court Judgements of january 1987

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State of Karnataka VS. Krishna Alias Raju [1987] INSC 1 (1 January 1987)

Judgement Date : 01 Jan 1987

Citation : 1987 Latest Caselaw 1 SC

CrPC Section 377. Appeal by the State Government against sentence
Indian Penal Code, 1860 (IPC)

Headnote :

The respondent faced charges under sections 279, 337, and 304-A of the IPC, as well as sections 89(a) and 89(b) of the Motor Vehicles Act, for recklessly driving an Express Bus that collided with a bullock cart. This incident resulted in one individual in the cart suffering fatal injuries, while ano...

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All Delhi Cycle Rickshaw Operators Union VS. Municipal Corporation of Delhi & Ors [1987] INSC 2 (6 January 1987)

Judgement Date : 06 Jan 1987

Citation : 1987 Latest Caselaw 2 SC

Constitution of India
Delhi Municipal Corporation Act, 1957

Headnote :

Section 481(1) of the Delhi Municipal Corporation Act, 1957 grants the Corporation the authority to create additional bye-laws alongside the existing ones. Utilizing this authority, the Corporation established Byelaw No.3(i) within the Cycle-Rickshaw Bye-laws of 1960, which stipulates that only the...

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Kotak & Co. VS. State of U.P [1987] INSC 3 (8 January 1987)

Judgement Date : 08 Jan 1987

Citation : 1987 Latest Caselaw 3 SC

Headnote :

Regarding the timing of when an order for rateable distribution is issued by the executing Court, the funds in question no longer belong to the judgment-debtor and instead become the property of the decree-holder, irrespective of whether the actual payment is made in accordance with that order:

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Sakharam Shripati Jadhav VS. Chandrakant Alias Madhav Laxman Agnihotri & Ors [1987] INSC 4 (8 January 1987)

Judgement Date : 08 Jan 1987

Citation : 1987 Latest Caselaw 4 SC

Headnote :

The Bombay Tenancy Agricultural Lands Act of 1948, under section 32(1), stipulates that every tenant, subject to the Act\'s other provisions, is considered to have purchased the land they occupy from the landlord, free of any encumbrances, provided that the tenant is a permanent tenant who personall...

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Om Prakash VS. Amar Singh & ANR [1987] INSC 5 (9 January 1987)

Judgement Date : 09 Jan 1987

Citation : 1987 Latest Caselaw 5 SC

Headnote :

The premises were leased to the appellant for the operation of a Dal and Oil Mill. After the respondents acquired the building, they filed an eviction suit a year later, claiming that the appellant had made significant alterations to the premises without their approval, resulting in considerable dam...

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Alimenta S.A. VS. National Agricultural Co-Operative [1987] INSC 6 (9 January 1987)

Judgement Date : 09 Jan 1987

Citation : 1987 Latest Caselaw 6 SC

Headnote :

The appellant and the respondent entered into two separate contracts on different dates for the supply of HPS groundnut kernels. The first contract included standard terms regarding quality, quantity, and price, and specifically stated in clause II that \"other terms and conditions shall follow the...

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Central Wines, Hyderabad VS. Special Commercial Tax Officer [1987] INSC 7 (1) 15 (9 January 1987)

Judgement Date : 09 Jan 1987

Citation : 1987 Latest Caselaw 7 SC

Headnote :

In Andhra Pradesh, sales tax is imposed under sections 5 and 5A of the A.P. General Sales Tax Act, 1957, based on the \'turnover\' of a dealer. The term \'turnover\' is defined in section 2(s) to encompass the total amount specified in the bill of sale or the total amount charged as consideration fo...

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Board of Trustees of The Port of Bombay VS. Jai Hind Oil Mills Company & Ors [1987] INSC 8 (9 January 1987)

Judgement Date : 09 Jan 1987

Citation : 1987 Latest Caselaw 8 SC

Major Port Trusts Act, 1963

Headnote :

The Major Port Trusts Act, 1963 grants the Board of Trustees, as per clause (d) of section 48, the authority to set rates for wharfage, storage, or demurrage of goods at the port. Section 53 of the Act allows the Board, in special circumstances, to fully or partially exempt any goods from paying any...

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Samunder Singh VS. State of Rajasthan & Ors [1987] INSC 9 (12 January 1987)

Judgement Date : 12 Jan 1987

Citation : 1987 Latest Caselaw 9 SC

Headnote :

While the investigation into the unnatural death of the daughter-in-law at her father-in-law\'s residence was ongoing, the High Court granted anticipatory bail to the accused, overlooking the gravity and significance of the case.After the father of the deceased filed an appeal for special leave, the...

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Ram Kumar VS. State of Haryana [1987] INSC 10 (13 January 1987)

Judgement Date : 13 Jan 1987

Citation : 1987 Latest Caselaw 10 SC

CrPC Section 197. Prosecution of Judges and public servants

Headnote :

The Trial Court, without prior approval from the State Government as required by section 197 of the Cr.P.C., initiated proceedings regarding a charge that the appellant had used excessive force while purportedly performing his duties, thus committing an offense.However, upon appeal by the appellant,...

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M.G. Wagh & Ors VS. Jay Engineering Works Ltd. [1987] INSC 11 (13 January 1987)

Judgement Date : 13 Jan 1987

Citation : 1987 Latest Caselaw 11 SC

Constitution of India

Headnote :

Section 12(2) of the Foreign Exchange Regulation Act, 1947 aims to prevent the complete or partial evasion of repatriating earnings from exported goods. It states that \"when any export of goods has occurred to which a notification under sub-section (1) applies, no individual entitled to sell or arr...

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V. Veerarajan & Ors VS. Government of Tamil Nadu & Ors [1987] INSC 12 (14 January 1987)

Judgement Date : 14 Jan 1987

Citation : 1987 Latest Caselaw 12 SC

Industrial Disputes Act, 1947

Nirmal Singh Vs. State of Punjab & Ors [1984] INSC 134 (9 August 1984)

Headnote :

A significant number of workers from the respondent company faced disciplinary action from management based on specific allegations.Subsequently, most of these workers were reinstated. However, when conciliation efforts failed for 7 of the dismissed workers, disputes were raised under Section 11-A o...

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Oil & Natural Gas Commission VS. Western Company of North America [1987] INSC 13 (16 January 1987)

Judgement Date : 16 Jan 1987

Citation : 1987 Latest Caselaw 13 SC

Headnote :

The appellant and the respondent entered into a drilling contract that stipulated that any disputes arising from the contract would be resolved through arbitration, conducted in accordance with the Indian Arbitration Act of 1940, with the validity and interpretation governed by Indian law. The desig...

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M.P. Singh, Dy. Supdt. of Police C.B.I. & Ors VS. Union of India & Ors [1987] INSC 14 (16 January 1987)

Judgement Date : 16 Jan 1987

Citation : 1987 Latest Caselaw 14 SC

Constitution of India

Headnote :

Within the Central Bureau of Investigation, there are two categories of officials holding the positions of Sub-Inspectors, Inspectors, and Deputy Superintendents of Police: (i) those who are directly recruited and (ii) those who have been assigned from various State cadres on a deputation basis. The...

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Telecommunication Research Centre Scientific Officers VS. Union of India & Ors [1987] INSC 15 (16 January 1987)

Judgement Date : 16 Jan 1987

Citation : 1987 Latest Caselaw 15 SC

Constitution of India

Randhir Singh Vs. Union of India & Ors [1982] INSC 24 (22 February 1982)

Headnote :

Recruitment for Class I positions at the Telecommunication Research Centre within the Posts and Telegraphs Department occurs through a combination of direct recruitment via the Union Public Service Commission and the transfer of Group A and Group B Field Officers. Those officers who are transferred...

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B.K. Srinivasan & ANR VS. State of Karnataka & Ors [1987] INSC 16 (19 January 1987)

Judgement Date : 19 Jan 1987

Citation : 1987 Latest Caselaw 16 SC

Municipal Board, Pushkar Vs. State Transport Authority, Rajasthan & Ors [1962] INSC 327 (21 November 1962)

Headnote :

In 1961, the Bangalore Metropolitan Board was established, which subsequently created an Outline Development Plan (O.D.P.). The Mysore Town and Country Planning Act, 1961, came into effect on January 15, 1965, with its provisions being applicable from February 1963.According to Section 81-A(a) of th...

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Balbir Singh VS. State of Haryana [1987] INSC 17 (20 January 1987)

Judgement Date : 20 Jan 1987

Citation : 1987 Latest Caselaw 17 SC

Headnote :

On the morning of September 2, 1985, approximately 1,500 people gathered near the railway line in the village of Siwah, District Karnal, in response to a call from the Bhartiya Kisan Union for a Rail Roko Abhiyan. To protect the railway line and maintain public order, authorities deployed a signific...

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Dukhtar Jahan VS. Mohammed Farooq [1987] INSC 18 (20 January 1987)

Judgement Date : 20 Jan 1987

Citation : 1987 Latest Caselaw 18 SC

CrPC Section 125. Order for maintenance of wives, children and parents
CrPC Section 482. Saving of inherent power of High Court

Headnote :

The appellant and the respondent, who were already related as first cousins being the children of two sisters, were married on May 11, 1973. However, the marriage lasted only 17 months, as the respondent divorced the appellant on October 16, 1974. During their marriage, the appellant gave birth to a...

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Union of India & Ors VS. Smt. Charanjit Kaur [1987] INSC 19 (20 January 1987)

Judgement Date : 20 Jan 1987

Citation : 1987 Latest Caselaw 19 SC

Headnote :

The respondent, who is the wife of a Khalistan supporter living abroad, was found meeting with extremist leaders during her visit to India. As a result, her passport was confiscated by the Regional Passport Officer under section 10(3)(c) of the Passport Act, 1967, due to the serious nature of her ac...

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Abid Hussain & Ors VS. Union of India & Ors [1987] INSC 20 (22 January 1987)

Judgement Date : 22 Jan 1987

Citation : 1987 Latest Caselaw 20 SC

Constitution of India

Headnote :

The petitioners, who are the Air-Conditioned Coach In-Charges and Attendants of Northern Railway, argued in their writ petitions that their colleagues in Western, Central, and Eastern Railways receive overtime pay for any extra duty hours that exceed 96 hours over a two-week period. They requested t...

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Reserve Bank of India VS. Peerless General Finance & Investment Co. Ltd. Ors [1987] INSC 21 (22 January 1987)

Judgement Date : 22 Jan 1987

Citation : 1987 Latest Caselaw 21 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932
Prize Chits and Money Circulation Scheme (Banning) Act, 1978
Prize Chits and Money Circulation Schemes (Banning) Act, 1978

Headnote :

The Peerless General Insurance and Investment Co. Ltd. was established in 1932. Following the nationalization of life insurance, the company rebranded itself as \"the Peerless General Finance and Investment Co. Ltd.\" For more than 25 years, the company has focused on finance and investment. It prov...

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Dipak Kumar Ghosh VS. Mira Sen [1987] INSC 22 (22 January 1987)

Judgement Date : 22 Jan 1987

Citation : 1987 Latest Caselaw 22 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
West Bengal Premises Tenancy Act, 1956

Headnote :

Clause (.i) of section 13(1) of the West Bengal Premises Tenancy Act, 1956 grants the court the authority to order the recovery of possession of any premises in favor of the landlord if the tenant has issued a notice to quit but has not vacated the premises as required by that notice.The appellant-t...

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Yogender Pal Singh & Ors VS. Union of India & Ors [1987] INSC 23 (23 January 1987)

Judgement Date : 23 Jan 1987

Citation : 1987 Latest Caselaw 23 SC

Constitution of India
Delhi Police Act, 1978
Delhi Police Act, 1978
Police Act, 1861
Police Act, 1861

Headnote :

The Delhi Police (Appointment and Recruitment) Rules, 1980, supersede the earlier Punjab Police Rules, 1934, even though the latter is considered to be in effect due to section 149(2) of the Delhi Police Act, 1978 -- Interpretation of a New Law.Sections 147 and 149 of the Delhi Police Act, 1978 -- E...

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Bank of India VS. Yeturi Maredi Shanker Rao & ANR [1987] INSC 24 (28 January 1987)

Judgement Date : 28 Jan 1987

Citation : 1987 Latest Caselaw 24 SC

Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 408. Criminal breach of trust by clerk or servant
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section1. Title and extent of operation of the Code

Headnote :

The accused respondent, who served as an Accounts Clerk at the appellant Bank in the same branch where P.W. 1 held her account, was accused of submitting forged cheques against her account and misappropriating the withdrawn funds. He faced prosecution for offenses under section 467 in conjunction wi...

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Hem Lall Bhandari VS. State of Sikkim & Ors [1987] INSC 25 (28 January 1987)

Judgement Date : 28 Jan 1987

Citation : 1987 Latest Caselaw 25 SC

Constitution of India
National Security Act, 1980

Headnote :

The detention order for the petitioner under Section 3 of the National Security Act, 1980 was issued on September 25, 1986, with the grounds for detention prepared on the same day. The petitioner was detained and received the detention order on September 29, 1986, at 10:15 PM. A habeas corpus petiti...

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Commissioner of Income Tax VS. Mussadilal Ram Bharose [1987] INSC 26 (28 January 1987)

Judgement Date : 28 Jan 1987

Citation : 1987 Latest Caselaw 26 SC

Income Tax Act, 1961

Headnote :

The Income-tax Officer disallowed the respondent-assessee\'s account books, citing unverified sales and expenses, as well as a low profit margin. He set the net profit rate at 8%, calculating the profit at Rs. 60,800, and the total income at Rs. 60,936 after adding Rs. 136 for interest receipts. Upo...

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Tarsem Lal VS. State of Haryana [1987] INSC 27 (30 January 1987)

Judgement Date : 30 Jan 1987

Citation : 1987 Latest Caselaw 27 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, a Patwari, had been soliciting payment from the complainant for providing copies of the revenue records necessary for executing a sale deed. They agreed on a fee of Rs. 200, with Rs. 50 paid upfront, allowing the appellant to provide the copies. The remaining Rs. 150 was to be paid on...

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Municipal Corporation of Hyderabad VS. P.N. Murthy & Ors [1987] INSC 28 (30 January 1987)

Judgement Date : 30 Jan 1987

Citation : 1987 Latest Caselaw 28 SC

Headnote :

The appellant, the Municipal Corporation of Hyderabad, built houses under the \"Low Income Housing Scheme\" and allocated them to the respondents through a hire purchase agreement. The agreements stipulated that (1) the houses would remain the property of the Corporation until the final installment...

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Union of India & ANR VS. Wing Commander R.R. Hingorani (Retd.) [1987] INSC 29 (30 January 1987)

Judgement Date : 30 Jan 1987

Citation : 1987 Latest Caselaw 29 SC

Allotment of Government Residences (General Pool in Delhi) Rules, 1963
Pensions Act, 1871
Provident Funds Act, 1925

Headnote :

The respondent, while serving as a Squadron Leader in Delhi, was assigned a residential flat in the Curzon Road Hostel on June 27, 1968, by the Directorate of Estate at a monthly rent of Rs. 161, in accordance with sub-rule (1) of SR 317-B-11.Despite being transferred from Delhi to Chandigarh on Jun...

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