Caselaw | Supreme Court Judgements of 1988

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Minerva Talkies, Bangalore & Ors Vs. State of Karnataka & Ors [1988] INSC 1 (6 January 1988)

Judgement Date : 06 Jan 1988

Citation : 1988 Latest Caselaw 1 SC

Headnote :

The appeals and writ petitions raised two legal questions: (i) whether Rule 41-A of the Karnataka Cinemas (Regulations) Rules, established by the State Government under section 19 of the Karnataka Cinemas Regulations Act of 1964, was created \"for purposes of the Act\", and (ii) whether Rule 41-A im...

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Subhash Chand Vs. State of Haryana & Ors [1988] INSC 2 (11 January 1988)

Judgement Date : 11 Jan 1988

Citation : 1988 Latest Caselaw 2 SC

Constitution of India
CrPC Section 30. Sentence of imprisonment in default of fine
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
Punjab Borstal Act, 1926
Punjab Borstal Act, 1926
Punjab Borstal Act, 1926

Headnote :

Section 5 of the Punjab Borstal Act, 1926 authorizes courts to impose a sentence of detention in a Borstal institution for male individuals under the age of twenty-one who are convicted of an offense, as an alternative to transportation or rigorous imprisonment. According to Section 2(4)(i)(a) of th...

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Chandan & Om Prakash Vs. State of Rajasthan [1988] INSC 3 (12 January 1988)

Judgement Date : 12 Jan 1988

Citation : 1988 Latest Caselaw 3 SC

Headnote :

Five individuals were tried for the murder of a widow, with one of them becoming an approver. There was no direct evidence presented in the case; the only evidence consisted of the approver\'s testimony and additional evidence regarding the recovery of items by three witnesses.The trial court reject...

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Smt.Shashi Agarwal Vs. State of Up & Ors [1988] INSC 4 (12 January 1988)

Judgement Date : 12 Jan 1988

Citation : 1988 Latest Caselaw 4 SC

Constitution of India

Headnote :

A detention order was issued and served to the detainee on August 3, 1987, while he was incarcerated for five non-bailable offenses allegedly committed on May 19, 1987. The order claimed that since the detainee was attempting to secure bail and there was a significant chance of him being released, i...

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Indian Cement & Ors Vs. State of Andhra Pradesh & Ors [1988] INSC 5 (12 January 1988)

Judgement Date : 12 Jan 1988

Citation : 1988 Latest Caselaw 5 SC

Andhra Pradesh General Sales Tax Act, 1957
Central Sales Tax Act, 1956
Constitution of India
Gwalior

Headnote :

The State of Andhra Pradesh, exercising the powers granted under sub-section (1) of section 9 of the Andhra Pradesh General Sales Tax Act, 1957, issued an order on January 27, 1987, to lower the tax rate on the sale of cement to manufacturing units of cement products within the State. On the same da...

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Sales Tax Officer, Moradabad & Ors Vs. Oriental Coal Corporation Moradabad [1988] INSC 6 (12 January 1988)

Judgement Date : 12 Jan 1988

Citation : 1988 Latest Caselaw 6 SC

Central Sales Tax Act, 1956

Headnote :

The respondent, an unregistered coal merchant firm operating in Bihar with an office in U.P., was assessed for sales tax by the first appellant concerning the coal turnover for the assessment years 1967-68 and 1968-69. The assessee challenged the assessment orders through writ petitions, claiming th...

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M.C. Mehta Vs. Union of India & Ors [1988] INSC 7 (12 January 1988)

Judgement Date : 12 Jan 1988

Citation : 1988 Latest Caselaw 7 SC

Constitution of India
CrPC Section 482. Saving of inherent power of High Court
Environment (Protection) Act, 1986
Water (Prevention and Control of Pollution) Act, 1974

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

Headnote :

This Court, in the case of M.C. Mehta v. Union of India & others, [1987] 4 S.C.C. 463, issued specific directives concerning the tanning industries operating near Kanpur along the banks of the River Ganga. During this instance, the Court ordered that the matter regarding the municipal authorities an...

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Satya Narain Pandey Vs. State of U.P. & Ors [1988] INSC 8 (13 January 1988)

Judgement Date : 13 Jan 1988

Citation : 1988 Latest Caselaw 8 SC

Factories Act, 1948

Headnote :

This case pertains to the interpretation of section 2(1)(d) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (Act No. 13 of 1972).The landlords of a property known as Prem Talkies had leased the building to Sunil Sharma and another individual, with the lease being a str...

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S. Appukutan Vs. Thundiyil Janaki Amma & ANR [1988] INSC 9 (13 January 1988)

Judgement Date : 13 Jan 1988

Citation : 1988 Latest Caselaw 9 SC

Headnote :

These appeals and petitions for special leave presented a shared legal question concerning the interpretation and implications of Explanation 11-A to clause (25) of section 2 of the Kerala Land Reforms Act, 1964, as modified by Act 17 of 1972. The issue at hand was whether, due to Explanation 11-A t...

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Chern Taong Shang & ANR Vs. Commander S.D.Baijal & Ors [1988] INSC 10 (13 January 1988)

Judgement Date : 13 Jan 1988

Citation : 1988 Latest Caselaw 10 SC

Bengal Excise Act, 1909
Indian Penal Code, 1860 (IPC)

Headnote :

The facts and issues in all these appeals were quite similar.Criminal Appeals Nos. 644-45.87 and Criminal Appeals Nos. 642-45-/87 were filed against the judgment and order of the High Court of Bombay, which dismissed the Criminal Appeal brought by the masters of two trawlers challenging their convic...

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Sushil Kumar & ANR Vs. Ram Prakash & Ors [1988] INSC 11 (13 January 1988)

Judgement Date : 13 Jan 1988

Citation : 1988 Latest Caselaw 11 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The first defendant-respondent, Ram Prakash, acting as the Karta of a Joint Hindu Family, entered into an agreement to sell the disputed property and accepted Rs. 5,000 as earnest money. However, he later refused to execute the sale deed. In response, the second defendant, Jai Bhagwan, filed a lawsu...

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M. Veerappa Vs. Evelyn Sequeira & Ors [1988] INSC 12 (13 January 1988)

Judgement Date : 13 Jan 1988

Citation : 1988 Latest Caselaw 12 SC

Code of Civil Procedure, 1908 (CPC)
Indian Penal Code, 1860 (IPC)
Indian Succession Act, 1925
Legal Practitioners (Fees) Act, 1926
Legal Practitioners Act, 1879

Headnote :

A tenant named Mr. Sequeira sought to appeal to the Supreme Court against a High Court order that upheld his eviction from his business premises. He hired an Advocate, who is also the appellant, to file the appeal. The Advocate submitted a petition for Special Leave to the Supreme Court, which was h...

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Governing Body of Dayanand Anglo Vedic College Vs. Padmanabha Padhy & Ors [1988] INSC 13 (14 January 1988)

Judgement Date : 14 Jan 1988

Citation : 1988 Latest Caselaw 13 SC

Orissa Education Act, 1969

Headnote :

The 1st respondent was appointed as a Lecturer at the appellant College on July 26, 1971, and was placed on probation for one year. He received a letter on March 28, 1972, stating that his services were no longer needed and would be terminated effective from the afternoon of April 30, 1972.The 1st r...

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Union of India Vs. All India Services Pensioners Association & ANR [1988] INSC 14 (14 January 1988)

Judgement Date : 14 Jan 1988

Citation : 1988 Latest Caselaw 14 SC

Constitution of India

Headnote :

In a petition submitted by the All India Services Pensioners\' Association and a retired I.A.S. officer who left service before January 1, 1973 (the respondents in the appeal), the Central Administrative Tribunal ruled on August 5, 1985, that Rule 28(6) of the All India Services (Death-cum-Retiremen...

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Nat Steel Equipment Pvt. Ltd. Vs. Collector of Central Excise [1988] INSC 15 (19 January 1988)

Judgement Date : 19 Jan 1988

Citation : 1988 Latest Caselaw 15 SC

Headnote :

Words and Phrases: \'Similar description\' - definition.The appellant, a manufacturer of Hospital and Pharmaceutical Appliances as well as Heavy Duty Industrial Canteen Equipment, categorized certain items such as cooking ranges, deep fat fryers, express coffee machines, and bread toasters, totaling...

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Anand Kumar Vs. Sri Kattali Bhaskaran & Ors [1988] INSC 16 (19 January 1988)

Judgement Date : 19 Jan 1988

Citation : 1988 Latest Caselaw 16 SC

Constitution of India

Headnote :

The appellant questioned the determination of the age of the Chief Justice of the Andhra Pradesh High Court in these Special Leave Petitions, which were filed against the judgment and order of the Andhra Pradesh High Court that dismissed the Writ Appeals against the dismissal of the Writ Petitions b...

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Shiv Charan Singh S/O Shri Angad Singh Vs. Chandra Bhan Singh S/O Shri Mahavir Singh & Ors [1988] INSC 17 (19 January 1988)

Judgement Date : 19 Jan 1988

Citation : 1988 Latest Caselaw 17 SC

Chhedi Ram Vs. Jhilmit Ram & Ors [1983] INSC 192 (5 December 1983)
Paokai Haokip Vs. Rishang & Ors [1968] INSC 186 (12 August 1968)
Vashist Narain Sharma Vs. Dev Chandra & Ors [1954] INSC 69 (20 May 1954)

Headnote :

The appellant\'s election to the Legislative Assembly was contested by two voters, Respondent Nos. 1 and 2, who argued that the Returning Officer improperly accepted the nomination paper of a candidate who was ineligible to run under Article 173(b) of the Constitution, which significantly influenced...

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Amrit Lal Chum Vs. Devoprasad Dutta Roy & ANR [1988] INSC 18 (20 January 1988)

Judgement Date : 20 Jan 1988

Citation : 1988 Latest Caselaw 18 SC

CrPC Section 482. Saving of inherent power of High Court

Headnote :

Section 630 of the Companies Act, 1956 grants the court the authority, upon receiving a complaint from the Company or any of its creditors or contributors, to impose a fine on an officer or employee of the company. This applies if the officer or employee has wrongfully acquired possession of, or aft...

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Ramgir Uttamgir Goswami Vs. State of Gujarat & ANR [1988] INSC 19 (20 January 1988)

Judgement Date : 20 Jan 1988

Citation : 1988 Latest Caselaw 19 SC

Bombay Land Revenue Code, 1879
Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant\'s land was located along the banks of the Tapti River, an area known for its frequent flooding. This land was targeted for acquisition under the Land Acquisition Act of 1894.A preliminary notification indicating the intention to acquire the land was issued under Section 4 of the Act a...

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S.T. Muthusami Vs. K. Natarajan & Ors [1988] INSC 20 (20 January 1988)

Judgement Date : 20 Jan 1988

Citation : 1988 Latest Caselaw 20 SC

Constitution of India
Representation of the People Act, 1951

N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency & Ors [1952] INSC 2 (21 January 1952)

Headnote :

The issue at hand was whether the High Court should intervene in the election process at an intermediate stage, after it had begun but before the election results were declared, due to an alleged error in the allocation of symbols to the candidates contesting for the position of Chairman of a Pancha...

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Disst. Council of United Basel Mission church & Ors Vs. Salvador Nicholas Mathias & Ors [1988] INSC 21 (20 January 1988)

Judgement Date : 20 Jan 1988

Citation : 1988 Latest Caselaw 21 SC

Code of Civil Procedure, 1908 (CPC)
Religious Societies Act, 1880

Headnote :

The respondents, who are members of the United Basel Mission Church (U.B.M.C.) in South Kanara and Coorg, filed a lawsuit in the Munsif Court in Mangalore. They sought a declaration that the resolution made on May 9, 1961, during an extraordinary meeting of the District Church Council of UBMC of Sou...

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Union of India & ANR A Vs. M.T.S.S.D. Workers Union & Ors [1988] INSC 22 (27 January 1988)

Judgement Date : 27 Jan 1988

Citation : 1988 Latest Caselaw 22 SC

Industrial Disputes (Central) Rules, 1957
Industrial Disputes Act, 1947
Trade Unions Act, 1926

Headnote :

The respondents submitted a writ petition to the High Court seeking to annul the order dated January 31, 1984, issued by the authorities, which informed the respondent Union about the election scheme for the Works Committee to be established for the 1984-86 period. This scheme was based on the divis...

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State of West Bengal & Ors Vs. Ashit Nath Das & Ors [1988] INSC 23 (27 January 1988)

Judgement Date : 27 Jan 1988

Citation : 1988 Latest Caselaw 23 SC

West Bengal Estates Acquisition Act, 1953

Headnote :

Following the order issued by the High Court, the Special Revenue Officer reopened proceedings under section 44(2a) of the West Bengal Estates Acquisition Act, 1953, and final orders were issued on February 9, 1982.The first respondent filed an appeal against this order with the 9th Additional Distr...

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Smt. Yamunabai Anantra Adhav Vs. Ranantra Shivram Adhav & ANR [1988] INSC 24 (27 January 1988)

Judgement Date : 27 Jan 1988

Citation : 1988 Latest Caselaw 24 SC

Criminal Procedure Code, 1973
CrPC Section 125. Order for maintenance of wives, children and parents
Hindu Marriage Act, 1955
Majority Act, 1875

Headnote :

The appellant married the first respondent in June 1974, following Hindu Law rituals, while the first respondent was still married to another woman who was alive. After a week of cohabitation, the first respondent left, claiming mistreatment. In 1976, she sought maintenance, but her application was...

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Ashok Kumar Vs. Union of India & Ors [1988] INSC 25 (27 January 1988)

Judgement Date : 27 Jan 1988

Citation : 1988 Latest Caselaw 25 SC

Constitution of India

Headnote :

The appellant was arrested and detained on March 21, 1987, under a detention order issued in accordance with section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Detaining Authority provided the appellant with the grounds for his detention, which...

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Jagtar Singh Vs. State of Punjab & Ors [1988] INSC 26 (27 January 1988)

Judgement Date : 27 Jan 1988

Citation : 1988 Latest Caselaw 26 SC

CrPC Section 313. Power to examine the accused
CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment

Headnote :

The accused-respondent No. 2 in the appeal and the deceased were neighbors. The prosecution claimed that on October 8, 1983, around 4 P.M., the deceased and one of his sons, P.W. 8, were leading their buffaloes from their home to the fields. As they were walking down the lane, the accused approached...

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Bakulbhai & ANR Vs. Gangaram & ANR [1988] INSC 27 (27 January 1988)

Judgement Date : 27 Jan 1988

Citation : 1988 Latest Caselaw 27 SC

CrPC Section 125. Order for maintenance of wives, children and parents
Hindu Marriage Act, 1955

Headnote :

The appellant submitted an application under Section 125 of the Cr.P.C. to the Judicial Magistrate, seeking maintenance for herself and her son. She claimed that she was lawfully married to the respondent and that her son was born from this marriage.However, the respondent denied both the marriage a...

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General Manager (Marketing) Hindustan Fertilizer Corporation Vs. Subodh Chandra Das & Ors [1988] INSC 28 (29 January 1988)

Judgement Date : 29 Jan 1988

Citation : 1988 Latest Caselaw 28 SC

Headnote :

The first respondent, an employee of the appellant-Corporation, was set to retire on June 1, 1989, upon reaching the age of 58, according to the date of birth recorded in the employer\'s register. He filed a writ petition in the High Court, asserting that his date of birth should be changed to Octob...

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Mohd. Ramzan Shah & Ors Vs. State of Jammu & Kashmir & Ors [1988] INSC 29 (29 January 1988)

Judgement Date : 29 Jan 1988

Citation : 1988 Latest Caselaw 29 SC

Headnote :

The property in question, which includes land and buildings, was initially owned by Dewan Bishen Dass, a former Prime Minister of Jammu and Kashmir. The appellants acquired this property from his successor, Purnish Chandra, through two sale deeds dated July 12, 1967, and December 8, 1967.The State G...

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Darshan Singh & ANR Vs. State of Punjab [1988] INSC 30 (29 January 1988)

Judgement Date : 29 Jan 1988

Citation : 1988 Latest Caselaw 30 SC

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

Headnote :

Appellants Nos. 1 and 2, along with two other defendants, were found guilty of murdering the first appellant\'s paternal uncle, his wife, and their daughter. The uncle was killed first, followed by his daughter and wife, all struck down with a gandassa and kapa just outside their residence.The alleg...

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Dr. D.N. Malhotra Vs. Kartar Singh [1988] INSC 31 (29 January 1988)

Judgement Date : 29 Jan 1988

Citation : 1988 Latest Caselaw 31 SC

East Punjab Urban Rent Restriction (Amendment) Act, 1985

Headnote :

The landlord-respondent submitted an application to the Court of the Rent Controller under Section 13-A of the East Punjab Rent Restriction (Amendment) Act, 1985, requesting the eviction of the tenant-appellant due to unpaid rent and for personal use of the property. The landlord argued that he reti...

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Nagar Mahapalika Bareilly Vs. State of U.P. & Ors [1988] INSC 32 (2 February 1988)

Judgement Date : 02 Feb 1988

Citation : 1988 Latest Caselaw 32 SC

Headnote :

The Nagar Mahapalika of Bareilly issued a notification on April 30, 1986, imposing octroi duty on goods entering its jurisdiction for \'consumption, use, or sale\' under the authority of section 172(2)(b) of the U.P. Nagar Mahapalika Adhiniyam, 1959. This notification includes a schedule listing the...

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Jetha Bai & Sons, Jew Town, Cochin, Vs. Sunderdas Rathenai, [1988] INSC 33 (4 February 1988)

Judgement Date : 04 Feb 1988

Citation : 1988 Latest Caselaw 33 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appeals, along with a petition for special leave, presented a shared legal question: whether a further revision could be made to the High Court under section 115 of the Code of Civil Procedure against a District Court\'s order in revision under section 20 of the Kerala Buildings (Lease & Rent) C...

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State of Gujarat Vs. Sunil Fulchand Shah & ANR [1988] INSC 34 (8 February 1988)

Judgement Date : 08 Feb 1988

Citation : 1988 Latest Caselaw 34 SC

Headnote :

The second respondent in the appeal was detained under subsection (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.The grounds for detention, as outlined in Annexure \'B\' served to the detenu, indicated that customs officials had received inf...

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Kanta Rani C Kanti Devi & ANR Vs. Rama Rani [1988] INSC 35 (8 February 1988)

Judgement Date : 08 Feb 1988

Citation : 1988 Latest Caselaw 35 SC

Punjab Pre-Emption Act, 1913
Punjab Pre-emption Act, 1913
Punjab Pre-Emption Act, 1913

Headnote :

The disputed property was sold by its original owner to the respondent. The tenant occupying part of the property, asserting a local custom that granted tenants a right of pre-emption, filed a suit for pre-emption, valuing his portion at Rs.10,000. The respondent contested the suit, arguing that no...

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Madhavrao Jiwaji Rao Scindia & ANR Vs. Sambhajirao Chandrojirao Angre & Ors [1988] INSC 36 (9 February 1988)

Judgement Date : 09 Feb 1988

Citation : 1988 Latest Caselaw 36 SC

CrPC Section 482. Saving of inherent power of High Court
Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

A trust was established involving the settlor, her son, and two other individuals as trustees, with part of the trust property being a large house.The respondents in Criminal Appeal No. 658 of 1986 served as Secretary and Manager of the trust from 1976 until June 1981. A complaint was lodged in the...

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S.N. Rao & Ors Vs. State of Maharashtra [1988] INSC 37 (9 February 1988)

Judgement Date : 09 Feb 1988

Citation : 1988 Latest Caselaw 37 SC

Maharashtra Regional and Town Planning Act, 1966

Headnote :

A plot of land was acquired for the development of a five-star hotel. According to the approved development plan, this land was designated as part of a residential zone, while an adjacent area was marked as a green belt. When the development plan was submitted to the Municipal Corporation for the ho...

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National Insurance Co. Ltd., New Delhi Vs. Jugal Kishore & Ors [1988] INSC 38 (9 February 1988)

Judgement Date : 09 Feb 1988

Citation : 1988 Latest Caselaw 38 SC

Headnote :

Respondent No. 1, Jugal Kishore, was involved in an accident while driving a three-wheeler scooter, colliding with bus No. DLP-3699, which was operated by Rai Singh, respondent No. 2, and owned by M/s. Delhi Janata Co-operative Transport Policy Limited, respondent No. 3, with insurance provided by t...

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Vidya Prakash Vs. Union of India & Ors [1988] INSC 39 (10 February 1988)

Judgement Date : 10 Feb 1988

Citation : 1988 Latest Caselaw 39 SC

Army Act, 1950
Army Rules, 1954
Constitution of India

Headnote :

The appellant was appointed as a Craftsman (Jawan) on November 23, 1973, and was later promoted to Naik due to his commendable service, eventually being confirmed in that position. He served in various locations across the country, including in field areas. However, he was later reverted from the Na...

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Charity Commissioner, Maharashtra. Vs. Niranjan & Ors [1988] INSC 40 (11 February 1988)

Judgement Date : 11 Feb 1988

Citation : 1988 Latest Caselaw 40 SC

Headnote :

A Division Bench of a High Court issued remarks that questioned the behavior and competence of certain officials in their quasi-judicial roles. In an appeal for special leave, the Charity Commissioner sought to address these observations. Additionally, a directive against Respondent No. 16 was reque...

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State of Punjab Vs. Raj Kumar [1988] INSC 41 (11 February 1988)

Judgement Date : 11 Feb 1988

Citation : 1988 Latest Caselaw 41 SC

Indian Penal Code, 1860 (IPC)

State of Punjab Vs. Charan Singh [1981] INSC 43 (20 February 1981)
S.N. Sharma Vs. Bipen Kumar Tiwari & Ors [1970] INSC 61 (10 March 1970)

Headnote :

The individual was arrested while accepting a bribe.An investigation was conducted, and the individual was charged before the Special Judge. The individual objected to the charges being framed against him, arguing that the investigation violated rule 16.38 of the Punjab Police Rules. The Special Jud...

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Doypack Systems Pvt. Ltd. Vs. Union of India & Ors, [1988] INSC 42 (12 February 1988)

Judgement Date : 12 Feb 1988

Citation : 1988 Latest Caselaw 42 SC

Swadeshi Cotton Mills Vs. Union of India [1981] INSC 11 (13 January 1981)

Headnote :

The matters under consideration included the following:(i) Special Leave Petitions (Civil) Nos. 4826 and 7045 of 1987,(ii) Special Leave Petition (Civil) No. 5240 of 1987,(iii) Civil Miscellaneous Petitions Nos. 12029-31/87 (in Civil Appeals Nos. 577-79 of 1987),(iv) Civil Miscellaneous Petitions No...

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Collector of Central Excise, Bombay-Ii Vs. Kiran Spinning Mills [1988] INSC 43 (15 February 1988)

Judgement Date : 15 Feb 1988

Citation : 1988 Latest Caselaw 43 SC

Headnote :

During their investigations into M/s Swastik Investment Company in Bombay, the Central Excise Officers discovered that certain consignments labeled as \'crimpled uncut waste\' had been cleared from M/s Swadeshi Polytex Limited in Ghaziabad between January 1974 and December 1977. These consignments w...

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Administrator General of West Bengal Vs. Collector, Varanasi [1988] INSC 44 (16 February 1988)

Judgement Date : 16 Feb 1988

Citation : 1988 Latest Caselaw 44 SC

Headnote :

The property in question, referred to as \"Gopal Lal Villa,\" is a large building located on the outskirts of Varanasi, which is approximately 60 years old and part of a Raja\'s estate, now owned by the appellant. It was acquired following a preliminary notification dated July 4, 1959, under the Lan...

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Ramesh.S/O Chotalal Dalal Vs. Union of India & Ors [1988] INSC 45 (16 February 1988)

Judgement Date : 16 Feb 1988

Citation : 1988 Latest Caselaw 45 SC

Cinematograph Act, 1952
Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
IPC Section 153B. Imputations, assertions prejudicial to national-integration

Headnote :

The television series \"Tamas,\" adapted from a book by Sree Bhisham Sahni, was being aired, with four episodes already broadcast when the petitioner approached this Court under Article 32 of the Constitution. The petitioner sought a writ of prohibition and any other suitable writ to halt further sc...

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Upadhyaya Hargovind Devshanker Vs. Dhirendrasinh Virbhadrasinhji Solanki & Ors [1988] INSC 46 (17 February 1988)

Judgement Date : 17 Feb 1988

Citation : 1988 Latest Caselaw 46 SC

Constitution of India
Representation of the People (Amendment) Act, 1966

N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency & Ors [1952] INSC 2 (21 January 1952)

Headnote :

The issue to be resolved in this case was whether a Letters Patent Appeal could be made to a Division Bench of the High Court of Gujarat from an interlocutory order issued by a Single Judge during the trial of an election petition filed under the Representation of the People Act, 1951.The appellant...

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State of Gujarat Vs. Jat Laxmanji Talasji [1988] INSC 47 (19 February 1988)

Judgement Date : 19 Feb 1988

Citation : 1988 Latest Caselaw 47 SC

Headnote :

Section 6(3B) of the Gujarat Agricultural Land Ceiling Act of 1960 allows a family with more than five members, which includes a person and other specified individuals such as (i) a minor son, (ii) the widow of a deceased son, and (iii) the minor son or unmarried daughter of a deceased son whose mot...

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Hiralal Kapur Vs. Prabhu Choudhury [1988] INSC 48 (19 February 1988)

Judgement Date : 19 Feb 1988

Citation : 1988 Latest Caselaw 48 SC

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

Headnote :

The appellant is a lawyer. Following an oral agreement, he rented out to the respondent a portion of his residential property, which included two rooms above the garage, known as \"servants\' quarters,\" and a hall on the ground floor, in July 1976 for Rs.600 per month. Starting in November 1976, th...

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Dharma Shamrao Agalawe Vs. Pandurang Miragu Agalawe & Ors [1988] INSC 49 (22 February 1988)

Judgement Date : 22 Feb 1988

Citation : 1988 Latest Caselaw 49 SC

Headnote :

A man had two sons: the appellant, Dharma, and another named Miragu. Miragu passed away without children in 1928, leaving behind his widow, respondent No. 2. As the sole surviving coparcener, the appellant inherited the joint family property. He later sold some of these properties. In 1956, the Hind...

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Tejinder Kaur Vs. Gurmit Singh [1988] INSC 50 (23 February 1988)

Judgement Date : 23 Feb 1988

Citation : 1988 Latest Caselaw 50 SC

Constitution of India
Hindu Marriage Act, 1955
Limitation Act, 1963
Special Marriage Act, 1954

Lila Gupta Vs. Laxmi Narain & Ors [1978] INSC 103 (4 May 1978)

Headnote :

Section 15 of the Hindu Marriage Act, 1955 states that when a marriage is dissolved by a divorce decree, either spouse is permitted to remarry, provided there is no right to appeal or, if there is a right to appeal, the time for filing the appeal has lapsed without it being filed, or if it was filed...

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