Caselaw | Supreme Court Judgements of july 1987

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Bal Niketan Nursery School Vs. Kesari Prasad [1987] INSC 169 (15 July 1987)

Judgement Date : 15 Jul 1987

Citation : 1987 Latest Caselaw 168 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 136. TPA, Incapacity of officers connected with Courts of Justice.

Headnote :

Section 2(1)(b) of the U.P. Urban Building Regulation of Letting, Rent and Eviction Act, 1972 states that \"this Act does not apply to any building owned by or vested in a recognized institution, provided that all income generated is used for the institution\'s purposes.\" The manager of the appella...

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Beopar Sahayak (P) Ltd. & Ors Vs. Vishwa Nath & Ors [1987] INSC 170 (15 July 1987)

Judgement Date : 15 Jul 1987

Citation : 1987 Latest Caselaw 169 SC

CrPC Section 39. Public to give information of certain offences

Headnote :

Clause (e) of section 3 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 defined \'Prescribed Authority\' as a First Class Magistrate with at least three years of experience, authorized by the District Magistrate to exercise the powers of such authority. Following the i...

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State of Karnataka Vs. K. Gopalakrishna Shenoy & ANR [1987] INSC 171 (15 July 1987)

Judgement Date : 15 Jul 1987

Citation : 1987 Latest Caselaw 170 SC

Karnataka Motor Vehicles Taxation Act, 1957
Motor Vehicles Act, 1939

Headnote :

The first respondent sold his lorry to the second respondent but failed to notify the Transport Authority about the transfer. Consequently, the authority issued a demand notice for the tax owed under section 3(1) of the Mysore Motor Vehicles Taxation Act, 1957. The first respondent denied his tax li...

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Ranjit Prasad Sinha Vs. State of Bihar & ANR [1987] INSC 172 (16 July 1987)

Judgement Date : 16 Jul 1987

Citation : 1987 Latest Caselaw 171 SC

Constitution of India

Headnote :

Rule 14 of the Civil Services Rules, 1930 categorizes Public Services in India into several groups, one of which is the \'Provincial Services\'. Rule 18 states that this category includes services under the administrative authority of the Local Government of a Governor\'s Province, which the Local G...

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M. Satyanandam Vs. Deputy Secretary To The Government of Andhra Pradesh & ANR [1987] INSC 173 (17 July 1987)

Judgement Date : 17 Jul 1987

Citation : 1987 Latest Caselaw 172 SC

Headnote :

The petitioner was the allottee of the premises owned by the Government at the time in question. The landlady sought to have the premises released to her, but her request was initially denied.Subsequently, after the landlady made another appeal claiming that her son was preventing her from living wi...

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Vinod Kumar Arora Vs. Smt. Surjit Kaur [1987] INSC 174 (17 July 1987)

Judgement Date : 17 Jul 1987

Citation : 1987 Latest Caselaw 173 SC

Headnote :

The respondent\'s late husband had leased out almost the entire portion of his house, except for a large hall, to a tenant in Chandigarh, while he resided in a Government quarter.Following his passing, the respondent, who is his widow, rented out the hall to the appellant on April 1, 1981, for a dur...

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Ganpat Ram Sharma & Ors Vs. Smt. Gayatri Devi [1987] INSC 175 (17 July 1987)

Judgement Date : 17 Jul 1987

Citation : 1987 Latest Caselaw 174 SC

Delhi and Ajmer Rent Control Act, 1952
Limitation Act, 1963
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The respondent acquired the suit property in April 1973 and subsequently, in September 1973, sought permission from the Competent Authority under the Slum Area (Improvement and Clearance) Act, 1956 to evict the appellants, who had been placed in the premises by the previous landlord. This permission...

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State Bank of India & Ors Vs. Mohd. Mynuddin [1987] INSC 176 (17 July 1987)

Judgement Date : 17 Jul 1987

Citation : 1987 Latest Caselaw 175 SC

Headnote :

The individual in question, who held a Middle Management Grade Scale II position at the appellant Bank, was deemed unfit for promotion to Grade Scale III by the Selection Committee in 1979 and was subsequently superseded. His promotion was reconsidered in 1980, 1981, and 1983, but he was denied each...

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Makhan Singh Vs. Narainpura Co-Operative Agricultural Service Society Ltd. [1987] INSC 177 (17 July 1987)

Judgement Date : 17 Jul 1987

Citation : 1987 Latest Caselaw 176 SC

Industrial Disputes Act, 1947

Headnote :

The respondent-Society dismissed the appellant from service after he was absent from work for several days, without conducting a domestic inquiry. Following the initiation of an industrial dispute, the issue of whether the termination was justified was referred to the Labour Court under Section 10(1...

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Smt. Gulwant Kaur & ANR Vs. Mohinder Singh & Ors [1987] INSC 178 (20 July 1987)

Judgement Date : 20 Jul 1987

Citation : 1987 Latest Caselaw 177 SC

Eramma Vs. Verrupanna & Ors [1965] INSC 253 (18 November 1965)

Headnote :

The appellant-wife and her husband were living separately and had become estranged. In a letter dated July 28, 1956, the husband entrusted the disputed land, along with another piece of land and a house, to the appellant, agreeing to pay her Rs. 100 per month for her maintenance. However, after a fe...

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Prasun Roy Vs. Calcutta Metropolitan Developmentauthority & ANR [1987] INSC 179 (20 July 1987)

Judgement Date : 20 Jul 1987

Citation : 1987 Latest Caselaw 178 SC

Headnote :

Clause 24 of the arbitration agreement between the parties stipulated that all disputes arising under the contract would be referred to the sole arbitration of the Director/Unit Heads of the respondent Authority, who were not involved in the specific work. Since these officers had already expressed...

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Everest Industrial Corporation & Ors Vs. Gujarat State Financial Corporation [1987] INSC 180 (21 July 1987)

Judgement Date : 21 Jul 1987

Citation : 1987 Latest Caselaw 179 SC

Code of Civil Procedure, 1908 (CPC)

Gujarat State Financial Corporation Vs. M/S. Natson Manufacturing Co. (P) Ltd. & Ors [1978] INSC 147 (29 August 1978)

Headnote :

The appellants borrowed a specific amount from the respondent Corporation to acquire fixed assets, secured by a deed of hypothecation. They also established an equitable mortgage by depositing the original title deeds of the land and factory building with the Corporation. The loan was to be repaid o...

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Venkatlal G. Pittie & ANR Vs. Bright Bros. (Pvt.) Ltd. [1987] INSC 181 (21 July 1987)

Judgement Date : 21 Jul 1987

Citation : 1987 Latest Caselaw 180 SC

Section 108. TPA, Rights and liabilities of lessor and lessee.
Transfer of Property Act, 1882

Headnote :

The appellants, who had rented out the disputed premises to the respondent, filed a lawsuit for eviction, citing among other reasons that the tenant had constructed unauthorized permanent structures, violating clause (p) of section 108 of the Transfer of Property Act, 1882 and section 13(1)(b) of th...

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C.I.T. Gujarat Vs. Elecon Engineering Co. Ltd. [1987] INSC 182 (21 July 1987)

Judgement Date : 27 Jul 1987

Citation : 1987 Latest Caselaw 181 SC

Income Tax Act, 1961

Headnote :

The assessee, a public limited company, was in its second year of a new project that commenced production during the assessment year 1964-65. The Income-tax Officer assessed the case under section 143(3) of the Income-tax Act, 1961, determining the allowable rebate under sections 84 and 101 to be Rs...

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Pala Singh Vs. Union of India & Ors [1987] INSC 183 (22 July 1987)

Judgement Date : 22 Jul 1987

Citation : 1987 Latest Caselaw 182 SC

Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Punjab Package Deal Properties (Disposal) Rules, 1976

Headnote :

All surplus lands in the Central Government\'s compensation pool, along with any excess areas occupied by allottees, were transferred to the Punjab Government as part of a package deal effective April 1, 1961.In October 1961, the Managing Officer of the Rehabilitation Department discovered that the...

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Govind Potti Govindan Namboodiri Vs. Kesavan Govindan Potti & Ors [1987] INSC 184 (22 July 1987)

Judgement Date : 22 Jul 1987

Citation : 1987 Latest Caselaw 183 SC

Headnote :

The plaintiffs\' great-grandfather executed a partition deed, Ex. P. 1, which divided the properties he acquired into four shares as outlined in Schedules A, B, C, and D, distributing them among his sons and grandsons. In a partition suit, the plaintiff asserted that the properties listed in Schedul...

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N.C. Dalwadi Vs. State of Gujarat [1987] INSC 185 (24 July 1987)

Judgement Date : 24 Jul 1987

Citation : 1987 Latest Caselaw 184 SC

Headnote :

Rule 161(1)(a) of the Bombay Civil Services Rules, 1959, applicable in Gujarat, mandates the compulsory retirement of government employees, excluding Class IV, upon reaching the age of 58. However, the first proviso allows the appointing authority to retire an employee at 55 years of age or any time...

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A.L. Ahuja Vs. Union of India [1987] INSC 186 (24 July 1987)

Judgement Date : 24 Jul 1987

Citation : 1987 Latest Caselaw 185 SC

Headnote :

Fundamental Rule 56(j) grants the relevant authority the power to mandatorily retire a government employee if it serves the public interest, requiring either a three-month notice or three months\' salary and allowances in lieu of such notice. Sub-clause (i) specifies that a public servant in class I...

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Jagjit Bus Service Vs. State Transport Commissioner, Punjab & ANR [1987] INSC 187 (27 July 1987)

Judgement Date : 27 Jul 1987

Citation : 1987 Latest Caselaw 186 SC

Motor Vehicles Act, 1939

Headnote :

The appellant, who operates a stage carriage, sought to renew his permit to operate his bus on a specific route but was only issued a temporary permit. He subsequently applied for a regular permit, but again, only a temporary permit was initiated.Dissatisfied with the actions of respondent No. 1, wh...

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Hindustan Steel Works Construction Ltd. Vs. C. Rajasekhar Rao [1987] INSC 188 (27 July 1987)

Judgement Date : 27 Jul 1987

Citation : 1987 Latest Caselaw 187 SC

Headnote :

An agreement existed between the respondent-contractor and the appellant-construction company regarding specific works. Disputes arose, leading to proceedings before the arbitrators specified in the agreement. Due to disagreements among the arbitrators, this Court issued an order on June 16, 1983, d...

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Mohinuddin @ Moin Master Vs. District Magistrate, Beed & Ors [1987] INSC 189 (28 July 1987)

Judgement Date : 28 Jul 1987

Citation : 1987 Latest Caselaw 188 SC

National Security Act, 1980

Headnote :

The appellant was detained on September 8, 1986, following a detention order issued by the District Magistrate of Beed under section 3(2) of the National Security Act, 1980, based on the belief that such action was necessary to prevent him from engaging in activities detrimental to public order.On S...

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Dipak Banerjee Vs. Smt. Lilabati Chakraborty [1987] INSC 190 (30 July 1987)

Judgement Date : 30 Jul 1987

Citation : 1987 Latest Caselaw 189 SC

Section 105. TPA, Lease defined.

Headnote :

The landlord-respondent initiated legal action against the appellant-tenant for violating Section 13(1)(a) of the West Bengal Premises Act, 1956, by sub-letting without written consent. The tenant had transferred possession of two out of four rooms in the premises to a sub-tenant who operated a tail...

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Bhagwan Dass & Ors Vs. State of Haryana & Ors [1987] INSC 191 (31 July 1987)

Judgement Date : 31 Jul 1987

Citation : 1987 Latest Caselaw 190 SC

Constitution of India

Headnote :

The Education Department of Haryana, responsible for managing Adult Education Centers aimed at providing functional literacy to individuals aged 15-35 and Non-Formal Education Centers for students aged 6-15 who had dropped out of school, appointed the petitioners as supervisors on a fixed salary sin...

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Bakshi Sardari Lal & Ors Vs. Union of India & ANR [1987] INSC 192 (31 July 1987)

Judgement Date : 31 Jul 1987

Citation : 1987 Latest Caselaw 191 SC

Sardari Lal Vs. Union of India & Ors [1971] INSC 21 (21 January 1971)

Headnote :

The Supreme Court annulled the dismissal orders issued on April 14, 1967, against the appellant policemen, who were subsequently served with new dismissal orders on June 5, 1971, under the authority granted by clause (c) of the second proviso to Article 311(2) of the Constitution.The appellants cont...

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Sir Shadi Lal Sugar And General Millsltd. & ANR Vs. Commissioner of Income Tax, Delhi [1987] INSC 193 (31 July 1987)

Judgement Date : 31 Jul 1987

Citation : 1987 Latest Caselaw 192 SC

Income Tax Act, 1961

Headnote :

The company under assessment, which earned its revenue from producing and selling sugar and confectionery, was evaluated for the fiscal year 1958-59 by the Income Tax Officer according to the Income Tax Act of 1922. This evaluation included additional charges of Rs.48,500 for cane costs, Rs.67,500 f...

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Shafait All Vs. Shiva Mal [1987] INSC 194 (31 July 1987)

Judgement Date : 31 Jul 1987

Citation : 1987 Latest Caselaw 193 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Slum Areas (Improvement and Clearance) Act, 1956
Slum Areas (Improvement and Clearance) Act, 1956
Slum Areas (Improvement And Clearance) Act, 1956

Headnote :

The Appellant was directed to be evicted pursuant to section 14(1)(e) of the Delhi Rent Control Act, 1958, based on the genuine need of the landlord.

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