Caselaw | Supreme Court Judgements of september 1987

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Balram Gupta Vs. Union of India & ANR [1987] INSC 235 (1 September 1987)

Judgement Date : 01 Sep 1987

Citation : 1987 Latest Caselaw 234 SC

Union of India Vs. Shri Gopal Chandra Misra & Ors [1978] INSC 32 (15 February 1978)

Headnote :

The appellant submitted a letter on December 24, 1980, offering to resign voluntarily from his position, effective March 31, 1981, in accordance with Rule 48A of the Central Civil Services (Pension) Rules, 1972, after having served for over 20 years. The three-month notice period was set to begin on...

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Dr. Saroj Kumar Das Vs. Arjun Prasad Jogani [1987] INSC 236 (1 September 1987)

Judgement Date : 01 Sep 1987

Citation : 1987 Latest Caselaw 235 SC

Headnote :

The appellant, a landlord and medical practitioner, initiated a lawsuit to regain possession of the rear portion of the 2nd floor at 248, C.I.T. Road, Calcutta, which had been rented out to the respondent-defendant. The landlord argued that he required the space for his own use, as he lacked any oth...

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M.K. Kunhimohammed Vs. P.A. Ahmedkutty & Ors [1987] INSC 237 (1 September 1987)

Judgement Date : 01 Sep 1987

Citation : 1987 Latest Caselaw 236 SC

Motor Vehicles Act, 1939

Motor Owners Insurance Co. Ltd. Vs. Jadavji Keshavji Modi & Ors [1981] INSC 173 (29 September 1981)
Sheikhupura Transport Co. Ltd. Vs. Northern India Transport Insurance Co. [1971] INSC 79 (16 March 1971)

Headnote :

The petitioner owned a bus that was operating as a stage carriage. On July 24, 1978, while transporting passengers, the bus was involved in an accident that resulted in the death of one passenger. The Motor Accident Claims Tribunal determined that the accident was caused by the driver\'s negligence...

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B.R. Mehta Vs. Smt. Atma Devi & Ors [1987] INSC 238; (2 September 1987)

Judgement Date : 02 Sep 1987

Citation : 1987 Latest Caselaw 237 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Phiroze Bamanji Desai Vs. Chandrakant M. Patel & Ors [1974] INSC 20 (4 February 1974)

Headnote :

The premises in question were rented out in April 1968 to the appellant for a monthly rent of Rs. 340 by the husband of respondent No. 1 and the father of respondents Nos. 2 to 8. In July 1977, the landlord initiated an eviction petition against the appellant citing bona fide requirement. In Septemb...

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O.P. Gupta Vs. Union of India & Ors [1987] INSC 239; (3 September 1987)

Judgement Date : 03 Sep 1987

Citation : 1987 Latest Caselaw 238 SC

Headnote :

Fundamental Rule 54 stipulates that when a government employee who has been dismissed, removed, or suspended is reinstated, the authority responsible for the reinstatement must issue a specific order regarding (a) the pay and allowances owed to the employee for the duration of their absence from dut...

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Prabhakaran Nair, Vs. State of Tamil Nadu & Ors [1987] INSC 240 (3 September 1987)

Judgement Date : 03 Sep 1987

Citation : 1987 Latest Caselaw 239 SC

Constitution of India
Punjab Pre-Emption Act, 1913
Punjab Pre-emption Act, 1913
Punjab Pre-Emption Act, 1913
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Headnote :

These Writ Petitions under Article 32 of the Constitution were largely a case of \'much ado about nothing\'. The petitions aimed to contest the validity of sections 14(1)(b), 16(2), and, incidentally, section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming they were a...

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Orient Transport Co. Gulabra & ANR Vs. Jaya Bharat Credit and Investment Co. Ltd. & ANR [1987] INSC 241 (7 September 1987)

Judgement Date : 07 Sep 1987

Citation : 1987 Latest Caselaw 240 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants/plaintiffs initiated a lawsuit seeking a declaration that the eight agreements/contracts made between them and the defendant/respondent No. 1 were not \'hire-purchase agreements\' but rather agreements pertaining to a loan transaction. The trial court dismissed the suit, and the appel...

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Vasant Kumar Jaiswal Vs. State of Madhya Pradesh [1987] INSC 242 (8 September 1987)

Judgement Date : 08 Sep 1987

Citation : 1987 Latest Caselaw 241 SC

Headnote :

This was an appeal challenging the judgment and order of the High Court of Madhya Pradesh, which, following the established principles set forth by both this Court and the High Court, determined that in the absence of any statutory rule, executive memorandum, or order specifying the criteria for est...

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State of West Bengal Vs. Sree Sree Ma Engineering & ANR [1987] INSC 243 (8 September 1987)

Judgement Date : 08 Sep 1987

Citation : 1987 Latest Caselaw 242 SC

Headnote :

A disagreement arose between the first respondent and the appellant regarding the Silt Clearance of the River Peali from the Uttarbhag Canning Road Bridge to the Hobon Sluice. The issue was submitted to an Arbitrator, who issued an award.In accordance with the award, the respondent received a paymen...

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Krishnan Nair & ANR Vs. Ghouse Basha [1987] INSC 244 (8 September 1987)

Judgement Date : 08 Sep 1987

Citation : 1987 Latest Caselaw 243 SC

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

Headnote :

The landlord was engaged in the leather business, with his two sons actively involved. Subsequently, they formed a partnership with others to continue the business, collectively owning half of the shares. The landlord required the leased premises in good faith for his sons\' business. The High Court...

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Syed Saulet Hussain Vs. Syed Ilmuddin & Ors [1987] INSC 245 (8 September 1987)

Judgement Date : 08 Sep 1987

Citation : 1987 Latest Caselaw 244 SC

Durgah Khawaja Saheb Act, 1955

Headnote :

In the Durgah Khawaja Saheb in Ajmer, there were two significant positions: Sajadanashin and Mutwalli. Following the migration of the last Sajadanashin to Pakistan in 1947, the Chief Commissioner of Ajmer appointed the appellant\'s father to the position of Sajadanashin in April 1948. This appointme...

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Richpal Singh & Ors Vs. Dalip [1987] INSC 246 (9 September 1987)

Judgement Date : 09 Sep 1987

Citation : 1987 Latest Caselaw 245 SC

Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Headnote :

The appellants initiated a lawsuit in the Court of the Assistant Collector to evict the respondent-tenant from his land, citing a default in rent payment under section 77(3) proviso 2(e) of the Punjab Tenancy Act, 1887. The court ruled in favor of the appellants, leading to the respondent\'s evictio...

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Jadavji Purshottam Vs. Dhami Navnitbhai Amaratlal & Ors [1987] INSC 247 (9 September 1987)

Judgement Date : 09 Sep 1987

Citation : 1987 Latest Caselaw 246 SC

Section 76. TPA, Liabilities of mortgagee in possession.
Section 98. TPA,Rights and liabilities of parties to anomalous mortgages.
Transfer of Property Act, 1882

Headnote :

The respondents secured a mortgage on a house property in Bhavnagar, which they possessed, to a business firm in July 1947. At that time, the ground floor of the house was already occupied by a tenant, so the mortgagors transferred the rent deed to the mortgagee for the remaining lease duration. Cla...

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Rashpal Malhotra Vs. Mrs. Satya Rajput & ANR [1987] INSC 248 (11 September 1987)

Judgement Date : 11 Sep 1987

Citation : 1987 Latest Caselaw 247 SC

Code of Civil Procedure, 1908 (CPC)
East Punjab Urban Rent Restriction Act, 1949

Headnote :

The landlady, referred to as respondent No. 1, rented out the premises in Chandigarh to respondent No. 2 for the accommodation of its General Manager, the appellant. The lease agreement was executed on behalf of the lessee, \'for Haryana Milk Food Corporation\', by R.P. Malhotra, the appellant. Upon...

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Central Bank of India Vs. State of Gujarat & Ors [1987] INSC 249 (11 September 1987)

Judgement Date : 11 Sep 1987

Citation : 1987 Latest Caselaw 248 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent submitted a first appeal to the High Court against a decree, along with a request to stay its enforcement. Before any decision was made regarding the stay application, the appellant, who held the decree, initiated execution, leading the respondent to deposit the decretal amount in the...

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Raj Kumar Dey & Ors Vs. Tarapada Dey & Ors [1987] INSC 250 (14 September 1987)

Judgement Date : 14 Sep 1987

Citation : 1987 Latest Caselaw 249 SC

Limitation Act, 1963
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

An agreement was made between appellants Nos. 1 to 4 and respondent No. 1 concerning the division of joint movable and immovable properties. A dispute arose over certain properties, which was subsequently referred to arbitration. The arbitrators issued their award on November 28, 1977, which was sub...

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State Bank of India & ANR Vs. S.B.I Employees Union & ANR [1987] INSC 251(15 September 1987)

Judgement Date : 15 Sep 1987

Citation : 1987 Latest Caselaw 250 SC

Headnote :

The employees of the State Bank of India submitted a writ petition to the High Court, challenging the management\'s authority to determine work hours and recess periods, as well as its ability to stagger recess times, and sought additional related reliefs.A Single Judge of the High Court approved th...

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D. Satyanarayana Vs. P. Jagadish [1987] INSC 252; 1987 (15 September 1987)

Judgement Date : 15 Sep 1987

Citation : 1987 Latest Caselaw 251 SC

Headnote :

The appellant was a sub-tenant of the tenant-respondent. In November 1980, the landlord issued an eviction notice to him, claiming unlawful subletting by the respondent and stating that the tenancy would be terminated at the end of that month. Subsequently, the appellant acknowledged the landlord as...

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Gulab Mehra Vs. State of U.P. & Ors [1987] INSC 253 (15 September 1987)

Judgement Date : 15 Sep 1987

Citation : 1987 Latest Caselaw 252 SC

Constitution of India
CrPC Section 482. Saving of inherent power of High Court
National Security Act, 1980

Kanchanlal Maneklal Chokshi Vs. The State of Gujarat & Ors [1979] INSC 122 (23 July 1979)
Dr. Ram Manohar Lohia Vs. State of Bihar & Ors [1965] INSC 176 (7 September 1965)

Headnote :

Challenge to the detention order under section 3(2) of the National Security Act, 1980.The appellant was incarcerated as an under-trial prisoner on October 10, 1986, when the District Magistrate, respondent No. 2, issued a detention order against him under section 3(2) of the National Security Act,...

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Municipal Corporation of Delhi Vs. Jagan Nath Ashok Kumar & ANR [1987] INSC 254 (17 September 1987)

Judgement Date : 17 Sep 1987

Citation : 1987 Latest Caselaw 253 SC

Headnote :

Arbitration Act, 1940: Sections 20, 30, & 33 - Arbitrator. The arbitrator serves as the sole judge regarding the quality and quantity of evidence. When the arbitrator provides relevant and pertinent reasons, the award cannot be deemed unreasonable. The issue of whether time is of the essence in...

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Baldev Krishna Sahi Vs. Shipping Corporation of India Limited & ANR [1987] INSC 255 (17 September 1987)

Judgement Date : 17 Sep 1987

Citation : 1987 Latest Caselaw 254 SC

Headnote :

Sub-section (l) of section 630 of the Companies Act, 1956 allows for the prosecution of a company officer or employee who (a) unlawfully acquires possession of company property, or (b) wrongfully retains or misuses such property while it is in their possession.The petitioner, who was provided a flat...

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Nand Kishore Marwah & Ors Vs. Smt. Samundri Devi [1987] INSC 256 (17 September 1987)

Judgement Date : 17 Sep 1987

Citation : 1987 Latest Caselaw 255 SC

Headnote :

The appellants are the tenants of the property in question. The trial court dismissed the respondent-plaintiff\'s eviction suit against the appellants. However, the High Court, upon revision, overturned the trial court\'s judgment and ordered the eviction of the tenant-appellants. Consequently, the...

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Jain Engineering Co. Vs. Collector of Customs, Bombay [1987] INSC 257 (18 September 1987)

Judgement Date : 18 Sep 1987

Citation : 1987 Latest Caselaw 256 SC

Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

Heading No. 84.06 of the Customs Tariff Act, 1975 imposes a 100% duty on internal combustion piston engines, while Heading No. 84.63 specifies a 60% duty on transmission shafts, cranks, bearing housings, and plain shaft bearings, among others.Notification No. 281-Cus/76, dated August 2, 1976, as ame...

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Sheela Barse Vs. State of Maharashtra [1987] INSC 258 (18 September 1987)

Judgement Date : 18 Sep 1987

Citation : 1987 Latest Caselaw 257 SC

Constitution of India

Prabha Dutt Vs. Union of India & Ors [1981] INSC 191 (7 November 1981)

Headnote :

Sheela Barse, a freelance journalist, requested permission to interview female inmates in Maharashtra State Jails, which was granted by the Inspector-General of Prisons. However, once she began tape-recording her interviews, the permission was revoked. Feeling wronged by this decision, Barse filed a...

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K.I. Shephard & Ors Vs. Union of India & Ors [1987] INSC 259 (18 September 1987)

Judgement Date : 18 Sep 1987

Citation : 1987 Latest Caselaw 258 SC

Banking Laws
Banking Regulation Act, 1949
Constitution of India
Industrial Disputes Act, 1947
Subsidiary Rules

Headnote :

The Hindustan Commercial Bank, the Bank of Cochin Ltd., and Lakshmi Commercial Bank were merged with Punjab National Bank, Canara Bank, and State Bank of India, respectively, under distinct schemes established in accordance with the Banking Regulation Act, 1949. As a result, 125 employees from these...

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V. Balasubramaniam Etc Vs. Tamil Nadu Housing Board & Ors [1987] INSC 260 (21 September 1987)

Judgement Date : 21 Sep 1987

Citation : 1987 Latest Caselaw 259 SC

Road Transport Corporations Act, 1950

Headnote :

The Tamil Nadu Housing Board established the Madras State Housing Board Service Regulations under the authority granted by sections 17 and 19 of the Tamil Nadu State Housing Board Act, 1961. By Resolution No. 772 on March 20, 1963, the Board created and adopted service regulations concerning the emp...

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Chhotu Singh Vs. State of Maharashtra & Ors [1987] INSC 261 (22 September 1987)

Judgement Date : 22 Sep 1987

Citation : 1987 Latest Caselaw 260 SC

Headnote :

The appellant, Chhotu Singh, who holds a C.L. III license for selling country liquor in Village Sawli, sought approval to relocate his liquor shop to Village Narsi Chaurasta due to low demand for country liquor in Sawli, which has a small population.The Collector recommended the transfer after condu...

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M.C. Mehta Vs. Union of India & Ors [1987] INSC 262 (22 September 1987)

Judgement Date : 22 Sep 1987

Citation : 1987 Latest Caselaw 261 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Environment (Protection) Act, 1986
Water (Prevention and Control of Pollution) Act, 1974

Headnote :

The petitioner, an active social worker, submitted a petition to this Court expressing concerns that both the Government and the public were not sufficiently addressing the pollution of the Ganga River. The petitioner argued that it was essential to take measures to protect the river\'s cleanliness,...

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Advance Bricks Company Vs. Assessing Authority, Rohtak & ANR [1987] INSC 263 (22 September 1987)

Judgement Date : 22 Sep 1987

Citation : 1987 Latest Caselaw 262 SC

Headnote :

The Notification issued by the State Government on May 5, 1973, under section 18 of the Haryana General Sales Tax Act, permitted the imposition of tax at the first point for certain specified goods, including bricks. The appellant, a registered dealer, sought to deduct a specific amount from his gro...

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Executive Engineer Irrigation Galimala & Ors A Vs. Abaaduta Jena [1987] INSC 264 (22 September 1987)

Judgement Date : 22 Sep 1987

Citation : 1987 Latest Caselaw 263 SC

Code of Civil Procedure, 1908 (CPC)
Interest Act, 1978
NI Act, Section 80. Interest when no rate specified
Sale of Goods Act, 1930

Headnote :

The appeals for Special Leave to this Court raised the issue of whether an arbitrator, appointed without the Court\'s involvement, has the authority to grant interest for the time before the reference and while the arbitration is ongoing.

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Virendra Kumar & Ors Vs. Krishi Utpadan Mandi Samiti & Ors [1987] INSC 265 (23 September 1987)

Judgement Date : 23 Sep 1987

Citation : 1987 Latest Caselaw 264 SC

Constitution of India

Headnote :

Section 9(1) of the U.P. Utpadan Mandi Adhiniyam, 1964 prohibits any local body or individual from establishing a place for the sale or purchase of specified agricultural produce within the market area unless they have obtained a license from the relevant Committee. However, there is a proviso that...

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Dr. A.K. Jain & Ors Etc. Vs. Union of India & Ors [1987] INSC 266 (24 September 1987)

Judgement Date : 24 Sep 1987

Citation : 1987 Latest Caselaw 265 SC

Headnote :

1. The services of all doctors who were appointed as Assistant Medical Officers or Assistant Divisional Medical Officers on an ad hoc basis until October 1, 1984, will be regularized in consultation with the Union Public Service Commission. Those doctors who are regularized will be designated as Ass...

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Hari Shanker Vs. Board of Revenue, U.P. & Ors [1987] INSC 267 (24 September 1987)

Judgement Date : 24 Sep 1987

Citation : 1987 Latest Caselaw 266 SC

United Provinces Tenancy Act, 1939

Headnote :

According to section 171 in conjunction with section 40 of the United Provinces Tenancy Act, 1939, if a tenant sublets the land to a \'sub-tenant\' for a period exceeding five years, the \'landholder\' has the right to evict both the tenant and the sub-tenant from the land they occupy. However, tena...

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Utkal Contractors & Joinery (P) Ltd. & Ors Vs. State of Orissa [1987] INSC 268 (24 September 1987)

Judgement Date : 24 Sep 1987

Citation : 1987 Latest Caselaw 267 SC

Constitution of India
Orissa Forest Produce (Control of Trade) Act, 1981

Headnote :

The Orissa Forest Produce (Control of Trade) Act, 1981 was established to combat the smuggling of forest products and to grant the State a monopoly over such resources. According to section 1(3) of the Act, the State is authorized to periodically issue notifications that define the specific areas an...

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Dr. Smt. Kuntesh Gupta Vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (U.P) & Ors [1987] INSC 269 (25 September 1987)

Judgement Date : 25 Sep 1987

Citation : 1987 Latest Caselaw 268 SC

Constitution of India
U.P. State Universities Act, 1973

Headnote :

The appellant served as the principal of an institution, which was managed by an authorized Controller as per section 58 of the U.P. State Universities Act, 1973. Due to certain disputes regarding the institution\'s management, the Controller suspended the appellant, but the Vice Chancellor stayed t...

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Dr. Dinesh Kumar & Ors A Vs. Motilal Nehru Medical College, Allahabad & Ors [1987] INSC 270 (25 September 1987)

Judgement Date : 25 Sep 1987

Citation : 1987 Latest Caselaw 269 SC

Headnote :

This is a follow-up to the main judgment issued by this Court on June 22, 1984, in the case of Dr. Pradeep Jain, etc. v. Union of India and others, [1984] 13 SCR 942, which addressed the admission process for a fixed percentage of seats across various medical study programs on an All India basis. Th...

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Shyamaraju Hegde Vs. U. Venkatesha Bhat & Ors [1987] INSC 271 (25 September 1987)

Judgement Date : 25 Sep 1987

Citation : 1987 Latest Caselaw 270 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

Sub-section (1) of section 50 of the Karnataka Rent Control Act, 1961 grants the High Court the authority to exercise revisional jurisdiction over orders issued or proceedings conducted by the Court of Small Causes or the Court of Civil Judge under the Act. Meanwhile, sub-section (2) allows the Dist...

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