Caselaw | Supreme Court Judgements of april 1988

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Union of India & ANR Vs. L.K. Ahuja & Co [1988] INSC 90 (5 April 1988)

Judgement Date : 05 Apr 1988

Citation : 1988 Latest Caselaw 90 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Four agreements were entered into between the respondent and the appellant Union of India through the Executive Engineer, Northern Railway, followed by a supplementary agreement. All the four contracts were executed and completed by the respondent on diverse dates. The respondent accepted four fi...

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Babu Ram & Ors Vs. Gram Sabha Buhavi & ANR [1988] INSC 91 (6 April 1988)

Judgement Date : 06 Apr 1988

Citation : 1988 Latest Caselaw 91 SC

Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961

Headnote :

Section 13B of the Punjab Village Common Lands (Regulation) Act, 1961 inserted therein by the Haryana Act 34 of 1974 mandated transfer of all suits pending in any civil court against the panchayat relating to the question as to whether the suit land was excluded from the ambit of shamilat deh, to an...

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Indian Oil Corporation Vs. Indian Carbon Ltd. [1988] INSC 92 (6 April 1988)

Judgement Date : 06 Apr 1988

Citation : 1988 Latest Caselaw 92 SC

Industrial Disputes Act, 1947

Headnote :

In respect of sale of raw petroleum coke by petitioner to respondent there were three agreements, providing for sale, petitioner's right to shift raw petroleum coke at the risk and expense of the respondent in case of failure of Respondent to shift the same as agreed, and the Respondent's li...

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Bhupinder Singh Vs. State of Punjab [1988] INSC 93 (6 April 1988)

Judgement Date : 06 Apr 1988

Citation : 1988 Latest Caselaw 93 SC

CrPC Section 293. Reports of certain Government scientific experts

Headnote :

Bhupinder Singh, appellant, his father Sher Singh and his mother Mukhtiar Kaur, were tried for committing the murder of Bhupinder Singh's wife, Gian Kaur, by administering poison. The Trial Court held that the accused had strong motive for the murder as the deceased was unable to satisfy their d...

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Mohan Laxman Hede Vs. Noormohamed Adam Shaikh [1988] INSC 94 (7 April 1988)

Judgement Date : 07 Apr 1988

Citation : 1988 Latest Caselaw 94 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

Appellant took the tenancy of the premises in question on an agreed monthly rent of Rs.22 + Rs.2.20 per month on account of Education Cess. Respondent purchased the house on December 3, 1976. Appellant was in arrears of rent from 1.6.1976 to 30.11.76. In response to the notice issued by the Responde...

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V.K. Agarwal, Assistant Collector of Customs Vs. Vasantraj Bhagwanji Bhatia & Ors [1988] INSC 95 (7 April 1988)

Judgement Date : 07 Apr 1988

Citation : 1988 Latest Caselaw 95 SC

Constitution of India
CrPC Section 237. Procedure in cases instituted under section 199(2)
Gold (Control) Act, 1968
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

Respondents 1 to 3 were prosecuted for an offence punishable under section 111 read with section 135 of the Customs Act, 1969, on the basis of recovery of primary gold from their house. Respondent No. 3 was convicted and respondents Nos. 1 & 2 were acquitted. Later, the same persons were sought...

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Commissioner of Sales Tax U.P. Lucknow, Vs. S/S Suresh Chand Jain, Tendu Leaves Dealer, Lalitpur [1988] INSC 96 (7 April 1988)

Judgement Date : 07 Apr 1988

Citation : 1988 Latest Caselaw 96 SC

Headnote :

The respondent-assessee carried on business in Tendu leaves. He contended before the Assessing Authority that there was no inter state sale of Tendu leaves, that the entire sales of Tendu leaves were effected in Uttar Pradesh, and that he did not know if the purchasers had taken these Tendu leaves t...

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Raghunath & Ors Vs. State of Maharashtra & Ors [1988] INSC 97 (7 April 1988)

Judgement Date : 07 Apr 1988

Citation : 1988 Latest Caselaw 97 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellants' lands were among those sought to be acquired under the Land Acquisition Act, 1894 by means of a notification under section 4, followed by a declaration under section 6. The Notification and the declaration were challenged by way of a Writ Petition on the short ground that the app...

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Deputy Commissioner of Sales Tax (Law) Vs. N. Kannan Nair & Ors [1988] INSC 98 (8 April 1988)

Judgement Date : 08 Apr 1988

Citation : 1988 Latest Caselaw 98 SC

Kerala General Sales Tax Act, 1963

Headnote :

The respondent-assessee a P.W.D. contractor had undertaken certain contract works on behalf of the Public Works Department for repair of roads. The assessee was assessed on the purchased turnover of sand, bricks etc. which were used for the execution of the work. The assessment was upheld by the...

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B.B.Rajwanshi Vs. State of U.P. & Ors [1988] INSC 99 (8 April 1988)

Judgement Date : 08 Apr 1988

Citation : 1988 Latest Caselaw 99 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Industrial Disputes Act, 1947

Headnote :

In this appeal, the appellant questioned the constitutional validity of sub-section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 ('The Act') and also the validity of the order passed by the Govt. remitting the award passed by the Labour Court for reconsideration by it. The a...

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Collector of Customs. Calcutta Vs. Sun Industries [1988] INSC 100 (11 April 1988)

Judgement Date : 11 Apr 1988

Citation : 1988 Latest Caselaw 100 SC

Customs Act, 1962

Headnote :

The Respondent had shipped plywood panels for tea chests to be delivered at Colombo under claim for drawback under Section 75 of the Customs Act, 1962, against shipping bill. The ship developed engine trouble on the way and returned back and ran aground in Indian territorial waters at the port of Pa...

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Bal Chand Bansal Vs. Union of India & Ors [1988] INSC 101 (11 April 1988)

Judgement Date : 11 Apr 1988

Citation : 1988 Latest Caselaw 101 SC

Headnote :

The petitioner was apprehended on April 2, 1987 on information provided by his associate that he was the main person directing illegal remittances of money to foreign countries. He was formally arrested on April 3, 1987 and remanded to judicial custody till April 13,1987. His associate was in the me...

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Awadhesh & ANR Vs. State of Madhya Pradesh [1988] INSC 102 (12 April 1988)

Judgement Date : 12 Apr 1988

Citation : 1988 Latest Caselaw 102 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

This appeal was directed against the judgment of the Madhya Pradesh High Court, setting aside the order of the trial court acquitting the appellants, and convicting them under section 302 read with section 34 of the Indian Penal Code and sentencing each of them to undergo imprisonment for life. T...

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Abdul Hamid Shamsi Vs. Abdul Majid & Ors [1988] INSC 103 (12 April 1988)

Judgement Date : 12 Apr 1988

Citation : 1988 Latest Caselaw 103 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

effectively taken control of the business and excluded Respondent No. 1. The suggestion to reconstitute the partnership made repeatedly by Respondent No. 1 had been ignored. The two brothers represented before the Income Tax Officer that a new deed of partnership had been executed on 15.1.1979 to...

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Vaidya Harishankar Laxmiram Rajyaguru of Rajkot Vs. Pratapray Harishankar Rajyaguru of Rajkot [1988] INSC 104 (13 April 1988)

Judgement Date : 13 Apr 1988

Citation : 1988 Latest Caselaw 104 SC

Constitution of India

Vasudev Dhanjibhai Modi Vs. Rajabhai Abdul Rehman & Ors [1970] INSC 71 (18 March 1970)

Headnote :

The Petitioner and the respondent-father and son respectively referred certain disputes, which arose between them to the Arbitrator, who made the award. The award, duly signed by the parties and the Arbitrator, contained an endorsement to the effect that the award was agreed to and binding upon both...

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R.N. Kumar Vs. R.K. Soral [1988] INSC 105 (13 April 1988)

Judgement Date : 13 Apr 1988

Citation : 1988 Latest Caselaw 105 SC

Headnote :

An agreement for distribution of the film "Savere Wali Gadi" was entered into on 19th March, 1983 between the petitioner as the distributor and the respondent as the producer. The agreement contained an arbitration clause. A sum of Rs.3.40 lakhs paid to the respondent and acknowledged by h...

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P.N. Duda Vs. V. P. Shiv Shankar & Ors [1988] INSC 106 (15 April 1988)

Judgement Date : 15 Apr 1988

Citation : 1988 Latest Caselaw 106 SC

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

Headnote :

The respondent No. 1, Shri P. Shiv Shankar, Minister of Law, Justice and Company Affairs at the relevant time, delivered a speech at a meeting of the Bar Council of Hyderabad. The petitioner alleged that in that speech the respondent No. 1 had made statements derogatory to the dignity of the Supreme...

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Gopal Singh Vs. State of U.P. & Ors [1988] INSC 107 (15 April 1988)

Judgement Date : 15 Apr 1988

Citation : 1988 Latest Caselaw 107 SC

Headnote :

In response to a notice issued under Section 10(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, the appellant contended that he was not in possession of 23.61 acres of surplus agricultural land as set out in the said notice, and that the authorities had failed to notice tha...

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All India Backward Classes And Minorities Welfare Association Vs. Union of India & Ors [1988] INSC 108 (19 April 1988)

Judgement Date : 19 Apr 1988

Citation : 1988 Latest Caselaw 108 SC

Constitution of India

Headnote :

The 2nd petitioner, a member of the Delhi Higher Judicial Service and working as an Additional District Judge in a writ petition to this Court, contended that he was directly recruited to service as a Scheduled Castes candidate and that the High Court had acted in an unreasonable manner in refusing...

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Oswal Spinning & Weaving Mills Ltd. Vs. Collector of Customs & ANR [1988] INSC 109 (19 April 1988)

Judgement Date : 19 Apr 1988

Citation : 1988 Latest Caselaw 109 SC

Customs Act, 1962
Major Port Trusts Act, 1963

Headnote :

This was an appeal under Section 130-E of the Customs Act, 1962 against the judgment and order of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi. D The appellant imported 58 bales of Woollen rags from Canada, and filed the bill of entry for release of the goods, described as woo...

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Collector of Central Excise, Delhi Vs. Kelvinator of India Ltd. [1988] INSC 110 (20 April 1988)

Judgement Date : 20 Apr 1988

Citation : 1988 Latest Caselaw 110 SC

Headnote :

The Respondents, manufacturers of refrigerators, give one year warranty for the complete refrigerator and all parts thereof. During this warranty period, they provide free repair and replacement for defects in material and workmanship under normal use and service. They include the cost of this one y...

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Lt. Col. K.D. Gupta Vs. Union of India & Ors [1988] INSC 111 (20 April 1988)

Judgement Date : 20 Apr 1988

Citation : 1988 Latest Caselaw 111 SC

Headnote :

The appellant was granted a permanent Commission in the Indian Army in 1958 and appointed as a Second Lieutenant. He rose to the level of Lt. Colonel on 27th February, 1975. In March, 1976 he was directed to report to the Military Hospital for his psychiatric examination, where his medical classific...

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Collector of Customs, Bombay Vs. Bhor Industries Ltd. [1988] INSC 112 (20 April 1988)

Judgement Date : 20 Apr 1988

Citation : 1988 Latest Caselaw 112 SC

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Customs Tariff Act, 1975

Headnote :

The respondents who imported 'Sancticizer 429', contested the levy of duty by the Department and filed a claim for refund, which was rejected by the Assistant Collector on the ground, that on ted the product was found to be organic compound (easter-type) of colourless viscose liquid and as p...

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Des Raj, Vs. State of Punjab & Ors [1988] INSC 113 (20 April 1988)

Judgement Date : 20 Apr 1988

Citation : 1988 Latest Caselaw 113 SC

Industrial Disputes Act, 1947
Northern India Canal and Drainage Act, 1873
Northern India Canal and Drainage Act, 1873
Plantations Labour Act, 1951

Headnote :

Each of these appeals by special leave was directed against the award made by the Labour Court. The appellant in Civil Appeal No. 5415 of 1985, a foreman in the Mechanical Construction Division under the Irrigation Department, had filed an application under Section 33C-2 of the Industrial Dispute...

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Ex. Capt. R.S. Dhull Vs. State of Haryana & Ors [1988] INSC 114 (21 April 1988)

Judgement Date : 21 Apr 1988

Citation : 1988 Latest Caselaw 114 SC

Headnote :

The appellant is an Ex-Serviceman. He was accepted as a Tehsildar candidate w.e.f. September 13, 1974 and allowed the benefit of military service for the purposes of seniority and was assigned the deemed date of May 27, 1973. It appears that certain adverse remarks came to be recorded in his Annu...

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C.V. Raman, Vs. Management of Bank of India & ANR , [1988] INSC 115 (21 April 1988)

Judgement Date : 21 Apr 1988

Citation : 1988 Latest Caselaw 115 SC

Factories Act, 1948
Kerala Shops and Commercial Establishments Act, 1960
State Bank of India Act, 1955
Tamil Nadu Shops and Establishments Act, 1947

Headnote :

These appeals raised an identical question. Civil Appeals Nos 4291 and 4292 of 1984 were preferred against the judgment of the Madras High Court in Writ Appeals Nos. 561 and 562 of 1983. The appellant in these two appeals, an employee in the Bank of India, which is a Nationalised Bank, was dismissed...

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Mhadagonda Ramgonda Patil & Ors Vs. Shripal Balwant Rainade & Ors [1988] INSC 116 (22 April 1988)

Judgement Date : 22 Apr 1988

Citation : 1988 Latest Caselaw 116 SC

Code of Civil Procedure, 1908 (CPC)
Section 2. TPA, Repeal of Acts.
Section 60. TPA, Right of mortgagor to redeem.

Headnote :

A suit for redemption of two mortgages was filed in the Court of Subordinate Judge by the respondents, the successors-in-interest of the original mortgages. A preliminary decree for redemption was passed with a declaration of the amount due from the mortgagors to the mortgagee. The mortgagors were d...

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Madho Vs. Madhao [1988] INSC 117 (22 April 1988)

Judgement Date : 22 Apr 1988

Citation : 1988 Latest Caselaw 117 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

An Award of an Arbitrator in respect of properties situated mostly at Warora, Chandrapur and only a bit of property situated at Nagpur, did not mention the place of execution. The arbitrator was resident of Nagpur. The award was filed in the Civil Court at Nagpur. The Civil Judge held that only a bi...

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Kashmeri Devi Vs. Delhi Administration & ANR [1988] INSC 118 (25 April 1988)

Judgement Date : 25 Apr 1988

Citation : 1988 Latest Caselaw 118 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder

Headnote :

The appellant was the widow of a tonga driver who died in police custody. It is alleged that on the fateful night of 22/23.8.1986 two sub-inspectors accompanied by two constables visited the house of one Sudesh Kumar, and started beating him. On hearing his shrieks his maternal uncle Gopi Ram, the t...

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Smt. Sudha Devi Vs. M.P. Narayanan & Ors [1988] INSC 119 (26 April 1988)

Judgement Date : 26 Apr 1988

Citation : 1988 Latest Caselaw 119 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The plaintiff-appellant filed a suit for ejectment of the tenant defendant No. 1 for default in payment of rent and also to have wrongfully sublet the flat to the second defendant. None of the defendants appeared. At the ex-parte trial the plaintiff examined one witness and tendered certain document...

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Anil Kumar Neotia & Ors Vs. Union of India & Ors [1988] INSC 120 (26 April 1988)

Judgement Date : 26 Apr 1988

Citation : 1988 Latest Caselaw 120 SC

Constitution of India

Headnote :

This writ petition challenged the constitutional validity of the Swadeshi Cotton Mills Ltd. (Acquisition and Transfer of Undertakings) Act, 1986. The Central Government had passed an order for taking over the management of six undertakings of the Swadeshi Cotton Mills, in respect whereof there we...

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Laxmi Raj Shetty & ANR Vs. State of Tamil Nadu [1988] INSC 121 (26 April 1988)

Judgement Date : 26 Apr 1988

Citation : 1988 Latest Caselaw 121 SC

CrPC Section 313. Power to examine the accused
CrPC Section 366. Sentence of death to be submitted by Court of Session for confirmation
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 449. House-trespass in order to commit offence punishable with death

Headnote :

Appellant No. 1, Laxmi Raj Shetty, was convicted and sentenced to death under section 302, Indian Penal Code, by the First Additional Sessions Judge, Madras. for committing the murder of deceased P.N. Gnanasambandam, Acting Manager of the Karnataka Bank, Madras. He was further convicted under s. 392...

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Mridula Avasthi & Ors Vs. University of Delhi & Ors [1988] INSC 122 (27 April 1988)

Judgement Date : 27 Apr 1988

Citation : 1988 Latest Caselaw 122 SC

Constitution of India

Headnote :

Pursuant to the directions of the Supreme Court in Dr. Dinesh Kumar & Ors v. Motilal Nehru Medical College Allahabad, & Ors. [1987] 4 SCC 459 regarding uniformity in post-graduate medical education, respondent No. 1-the University of Delhi, decided to adopt the three years course for the pos...

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A.R. Antulay Vs. R.S. Nayak & ANR [1988] INSC 123 (29 April 1988)

Judgement Date : 29 Apr 1988

Citation : 1988 Latest Caselaw 123 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Criminal Procedure Code, 1973
CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 374. Appeals from convictions
CrPC Section 386. Powers of the Appellate Court
CrPC Section 403. Option of court to hear parties
CrPC Section 406. Power of Supreme Court to transfer cases and appeals
CrPC Section 407. Power of High Court to transfer cases and appeals
CrPC Section 411. Making over or withdrawal of cases by Executive Magistrates
CrPC Section 474. Trials before High Court
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 384. Punishment for extortion

Abdul Rehman Antulay Vs. Union of India & Ors [1984] INSC 83 (17 April 1984)
Sheonandan Paswan Vs. State of Bihar & Ors [1982] INSC 100 (16 December 1982)
S. L. Kapoor Vs. Jagmohan & Ors [1980] INSC 183 (18 September 1980)
Jang Singh Vs. Brijlal & Ors [1963] INSC 42 (20 February 1963)
Asrumati Debi Vs. Kumar Rupendra Deb Raikot & Ors [1953] INSC 13 (27 February 1953)

Headnote :

The appellant was the Chief Minister of Maharashtra between June 9, 1980 and January 12, 1982, when he resigned that office in deference to the judgment of High Court in a writ petition filed against him, but continued as an MLA. On August 9, 1982, respondent No. 1, a mem...

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Weston Electroniks & ANR Vs. State of Gujarat & ANR [1988] INSC 124 (29 April 1988)

Judgement Date : 29 Apr 1988

Citation : 1988 Latest Caselaw 124 SC

Constitution of India
Gujarat Sales Tax Act, 1969

Headnote :

By availing of its powers under sub-s. (2) of s. 49 of the Gujarat Sales Tax Act, 1969 to exempt, in the public interest, any specified class of sales from payment of the whole or any part of the tax payable under the Act, the Government of Gujarat issued two notifications prescribing a lower rate o...

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