Caselaw | Supreme Court Judgements of august 1988

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Commissioner of Sales Tax U.P. Lucknow Vs. Mool Chand Shyam Lal, Belanganj, Agra [1988] INSC196 (1 August 1988)

Judgement Date : 01 Aug 1988

Citation : 1988 Latest Caselaw 195 SC

Headnote :

The respondent-dealer who runs Roller Flour Mills was supplied wheat by the Food Corporation of India and Regional Food Controller for the manufacture of Atta, Maida, Suji etc. The sale price of the wheat products was fixed by the State Government under the U.P. Roller Flour Mills (Ex-Mill Price) Co...

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Union of India & Ors Vs. R. Narasimhan [1988] INSC197 (1 August 1988)

Judgement Date : 01 Aug 1988

Citation : 1988 Latest Caselaw 196 SC

Headnote :

Sub-para (ii) of para 620 of the Railway Pension Manual empowers the competent authority to remove a railway servant from service any time after he has completed 30 years of qualifying service. Clause (h) of Rule 2046 (F.R. 56) of the Indian Railway Establishment Code empowers the appointing authori...

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Birad Mal Singhvi Vs. Anand Purohit [1988] INSC198 (2 August 1988)

Judgement Date : 02 Aug 1988

Citation : 1988 Latest Caselaw 197 SC

Narbada Prasad Vs. Chhagan Lal & Ors [1968] INSC 166 (30 July 1968)

Headnote :

Election to the State Legislative Assembly of Rajasthan for Jodhpur City Constituency, was held in the year I985. Nomination papers were filed on 8.2.1985 and the date of scrutiny was Y.2. l9S5. In all 45 candidates filed their nominations, after scrutiny and withdrawal, 21 candidates contested t...

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Collector of Central Excise, Madras Vs. Indian Oxygen Ltd. [1988] INSC199 (2 August 1988)

Judgement Date : 02 Aug 1988

Citation : 1988 Latest Caselaw 198 SC

Headnote :

The respondent firm are manufacturers of dissolved acetylene gas and compressed oxygen gas. They were supplying these gases in cylinders at their factory gate. For taking delivery some consumers/ customers used to bring their own cylinders and take the delivery. Others, used to have the delivery in...

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Vikram Deo Singh Tomar Vs. State of Bihar [1988] INSC200 (2 August 1988)

Judgement Date : 02 Aug 1988

Citation : 1988 Latest Caselaw 199 SC

Constitution of India

Headnote :

This writ petition arose upon a letter received from a voluntary organisation alleging that the female inmates of a `Care Home' in Bihar were compelled to live in inhuman conditions. Pursuant to a direction made by the court, the District Judge, Patna visited the `Care Home' and submitted a...

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Surinder Nath Kapoor Vs. Union of India & Ors [1988] INSC201 (3 August 1988)

Judgement Date : 03 Aug 1988

Citation : 1988 Latest Caselaw 200 SC

Income Tax Act, 1961

Headnote :

This Civil Micellaneous Petition was filed by a firm, Raja Properties for directions consequent upon the disposal of a special leave petition (civil) filed by one Surinder Nath Kapoor. Surinder Nath Kapoor was one of the partners of M/s. Krishna Kapoor & Co. M/s. Indo-Kashmir Carpets and Hand...

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Abhay Singh Surana Vs. Indian Rayon & Industries Ltd. [1988] INSC202 (3 August 1988)

Judgement Date : 03 Aug 1988

Citation : 1988 Latest Caselaw 201 SC

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

Headnote :

The appellant let out his godown to a Textile company, which was subsequently amalgamated with the respondent Company, under a scheme of amalgamation approved by the High Court. On August 29, 1985 the appellant issued a notice to the erstwhile company under s. 106 of the Transfer of Property Act...

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Kehar Singh & Ors Vs. State (Delhi Admn.) [1988] INSC203 (3 August 1988)

Judgement Date : 03 Aug 1988

Citation : 1988 Latest Caselaw 202 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 164. Recording of confessions and statements
CrPC Section 233. Entering upon defence
CrPC Section 313. Power to examine the accused
CrPC Section 327. Court to be open
CrPC Section 352. Certain Judges and Magistrates not to try certain offences when committed before themselves
CrPC Section 391. Appellate Court may take further evidence or direct it to be taken
CrPC Section 463. Non-compliance with provisions of section 164 or section 281
CrPC Section 9. Court of Session
Indian Evidence Act, 1872
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 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 376D. Gang Rape

State of Uttar Pradesh Vs. Singhara Singh & Ors [1963] INSC 169 (16 August 1963)

Headnote :

In June, 1984 the Indian Army mounted an operation known as `Operation Blue Star' by which Armed Force personnel entered the Golden Temple Complex at Amritsar to flush out the armed terrorists. That operation resulted in loss of life and property as well as damage to the Akal Takht in...

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Indian Rayon Corpn. Ltd. Vs. Raunaq & Company Pvt. Ltd. [1988] INSC204 (4 August 1988)

Judgement Date : 04 Aug 1988

Citation : 1988 Latest Caselaw 203 SC

Limitation Act, 1963

Headnote :

Section 14(2) of the Arbitration Act, 1940 enjoins the arbitrator or the umpire to give notice to the parties of filing of the award. Under clause (b) of Article 119 of the Limitation Act, 1963, the time for making an application for setting aside an award or getting an award remitted for reconsider...

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Aeltemesh Rein, Advocate, Supreme Court of India Vs. Union of India & Ors [1988] INSC205 (4 August 1988)

Judgement Date : 04 Aug 1988

Citation : 1988 Latest Caselaw 204 SC

Advocates Act, 1961
Constitution of India
Family Courts Act, 1984

Headnote :

In the writ petition filed before this Court regarding alleged handcuffing of a practising advocate, contrary to law, while he was being taken to the court after he had been arrested on the charge of a criminal offence, it was alleged that the Union Government and the Delhi Administration had not is...

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Sardar Hussain & ANR Vs. State of Uttar Pradesh [1988] INSC206 (5 August 1988)

Judgement Date : 05 Aug 1988

Citation : 1988 Latest Caselaw 205 SC

Indian Penal Code, 1860 (IPC)
IPC Section 210. Fraudulently obtaining decree for sum not due

Headnote :

The prosecution case was: the appellants, who were of bad character, had an evil eye on the lands belonging to the younger brother of PW 1, in furtherance of which they got a fraudulent sale deed executed and murdered him in order to eliminate the possibility of the fraud being detected. Suspecti...

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Budhu Mal, Vs. Mahablr Prasad & Ors [1988] INSC207 (5 August 1988)

Judgement Date : 05 Aug 1988

Citation : 1988 Latest Caselaw 206 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

These appeals were preferred by tenants against the judgment of the High Court in civil revisions. Respondent Mahabir Prasad had executed a registered deed dated 8th December, 1966 with regard to premises in question, giving the benefits arising out of the said properties to his grandsons and the...

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Dilbagrai Punjabi Vs. Sharad Chandra [1988] INSC208 (8 August 1988)

Judgement Date : 08 Aug 1988

Citation : 1988 Latest Caselaw 207 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Headnote :

The respondent-plaintiff filed a suit under s. l2(l)(f) of the Madhya Pradesh Accommodation Control Act, 196l, for eviction of the appellant-tenant, on the ground of personal necessity. The trial court rejected the plaintiffs claim that he was the owner of the house in question. On appeal, the Ad...

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Yogendra Murari Vs. State of U.P [1988] INSC209 (8 August 1988)

Judgement Date : 08 Aug 1988

Citation : 1988 Latest Caselaw 208 SC

Constitution of India
CrPC Section 161. Examination of witnesses by police
National Security Act, 1980

Headnote :

The petitioner was involved in two incidents of attempt to murder which created a public order problem. In a third incident the petitioner with his colleagues killed one person. The party, when challenged, hurled bombs and the petitioner fired indiscriminately. This incident seriously disturbed publ...

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Smt. Rajbir Kaur & ANR Vs. S. Chokesiri & Co [1988] INSC210 (9 August 1988)

Judgement Date : 09 Aug 1988

Citation : 1988 Latest Caselaw 209 SC

Code of Civil Procedure, 1908 (CPC)
East Punjab Urban Rent Restriction Act, 1949
Section 105. TPA, Lease defined.

Headnote :

The appellants had granted a lease of commercial premises in favour of the respondent-company, who carried on the business in clothing and textiles in the demised premises. Later, the appellants moved an application under section 13 of the East Punjab Urban Rent Restriction Act, I94Y seeking evictio...

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Nand Lal Agarwal Vs. Ganesh Prasad Sah & Ors [1988] INSC211 (9 August 1988)

Judgement Date : 09 Aug 1988

Citation : 1988 Latest Caselaw 210 SC

Headnote :

A suit filed by the respondent-landlord for eviction of the appellant-tenant from the leased premises on grounds of (i) buna fide requirement, (ii) default in payment of rent for five months, and (iii) wrongful use of leased premises, was decreed by the trial court and the appellate court o...

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Jaywant S. Kulkarni & Ors Vs. Minochar Dosabhai Shroff & Ors [1988] INSC212 (9 August 1988)

Judgement Date : 09 Aug 1988

Citation : 1988 Latest Caselaw 211 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Headnote :

Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 bars suits for recovery of possession against the tenant on the ground of non-payment of the standard rent until the expiration of one month next after notice in writing. Section 12(3)(a) provides for passing of a dec...

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Dr. Ajay Pradhan & ANR Vs. State of Madhya Pradesh & Ors [1988] INSC213 (9 August 1988)

Judgement Date : 09 Aug 1988

Citation : 1988 Latest Caselaw 212 SC

Headnote :

A seat in the P.G. course in M.D. in the G.N. Medical College, Gwalior, fell vacant due to the death of a student. The appellant, Dr. Sanjay Pradhan, staked a claim to this seat under rule 10 of the Madhya Pradesh Selection for Post- Graduation Courses (Clinical, Para-clinical and Non-clinical Co...

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Commissioner of Wealth Tax, Allahabad Vs. Arvind.Narottam (Indl.) [1988] INSC214 (9 August 1988)

Judgement Date : 09 Aug 1988

Citation : 1988 Latest Caselaw 213 SC

Headnote :

The respondent who was entitled to minimum annual payments of specified amounts under the three trust deeds in question was assessed to tax under sub-s. (2) of s. 21 of the Wealth Tax Act, on the entire value of the assets held by the trusts. On appeal, the Appellate Assistant Commissioner confined...

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G.S. Dhara Singh Vs. E.K. Thomas & Ors [1988] INSC215 (9 August 1988)

Judgement Date : 09 Aug 1988

Citation : 1988 Latest Caselaw 214 SC

Payment of Gratuity Act, 1972
Trade Unions Act, 1926

Headnote :

The terms and conditions of service including the rates of wages and other allied matters were decided and settled through mutual negotiations between the trade union represented by respondent No. 3, its General Secretary and respondent No. 4, President of the Employers Association. Respondent No...

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Collector of Customs, Bombay Vs. Swastic Woollen (P) Ltd. & Ors [1988] INSC216 (10 August 1988)

Judgement Date : 10 Aug 1988

Citation : 1988 Latest Caselaw 215 SC

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Customs Act, 1962

Headnote :

Respondent No. 1 imported consignments of wool material and claimed that the imported goods were wool waste and hence not liable to customs duty. The goods were examined by an Expert Committee, who appalled that the goods were other than wool waste. Based on the Committee's opinion, the Addition...

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Om Prakash Vs. Amarjit Singh & ANR [1988] INSC217 (10 August 1988)

Judgement Date : 10 Aug 1988

Citation : 1988 Latest Caselaw 216 SC

Specific Relief Act, 1963

Headnote :

In a suit for specific enforcement of an agreement to sell the suit property filed by respondent No. 1, the appellant was placed ex parte for default of non-appearance, after he entered appearance and filed his written statement. Thereafter, the appellant's application under Order IX, r. 7 of...

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P. Sivaswamy Vs. State of Andhra Pradesh [1988] INSC218 (10 August 1988)

Judgement Date : 10 Aug 1988

Citation : 1988 Latest Caselaw 217 SC

Bonded Labour System (Abolition) Act, 1976
Mines Act, 1952
Mines Rules, 1955
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

Section 4 of the Bonded Labour System (Abolition) Act, 1976 abolishes the bonded labour system and states that on commencement of the Act every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour. The Secretary of a social organization in Tamil Nadu wr...

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Dr. M. K. Salpekar Vs. Sunil Kumar Shamsunder Chaudhari & Ors [1988] INSC219 (10 August 1988)

Judgement Date : 10 Aug 1988

Citation : 1988 Latest Caselaw 218 SC

Headnote :

The respondent-landlords submitted two separate applications before the Rent Controller for permission to determine the tenancy of the appellant-tenant from their portions of the premises on the ground that the tenant had built a large house in the city and had thus secured alternative accommodation...

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West Bengal Hosiery Association & Ors Vs. State of Bihar & ANR [1988] INSC220 (11 August 1988)

Judgement Date : 11 Aug 1988

Citation : 1988 Latest Caselaw 219 SC

Constitution of India

Headnote :

The Bihar Government imposed sale-tax at 5 ad valorem on all hosiery goods sold within the State irrespective of the place of manufacture of such goods, effective from October 1. l983. However, by virtue of a notification dated August 1,1984 , it exempted from such levy, the hosiery goods manufactur...

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Shroff & Co. Vs. Municipal Corporation of Greater Bombay & ANR [1988] INSC221 (12 August 1988)

Judgement Date : 12 Aug 1988

Citation : 1988 Latest Caselaw 220 SC

Bombay Municipal Corporation Act, 1888
Bombay Prohibition Act, 1949
Central Excises and Salt Act, 1944
Customs Act, 1962

Headnote :

The appellant were registered partnership firms carrying on business of dealing in wines and spirits and were licensed to import and store liquors in their bounded warehouse at Bombay. They were also holders of licence issued under the Maharashtra Foreign Liquor (Import and Export) Rules, 1963 frame...

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State of U.P. Vs. Krishna Gopal & ANR [1988] INSC222 (12 August 1988)

Judgement Date : 12 Aug 1988

Citation : 1988 Latest Caselaw 221 SC

IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The respondents were put on trial for offences under section 302 read with section 34, IPC. At the trial the prosecution mainly relied on the eye-witnesses and the statement of the deceased recorded by the Investigating Officer, which was sought to be used as a dying declaration. The defence assa...

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Dr. Jeevak Almast Vs. Union of India & Ors [1988] INSC223 (12 August 1988)

Judgement Date : 12 Aug 1988

Citation : 1988 Latest Caselaw 222 SC

Constitution of India

Headnote :

In compliance with the decision of the Supreme Court in Dr. Pradeep Jain etc. v. Union of India B Ors. etc., [1984] 3 SCR 942 and on the basis of the scheme approved by the Court, respondent No. 2 held an All India Entrance Examination for filling up 25 per cent seats in different Post Graduate Medi...

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Neelakantan & Bros. Construction Vs. Superintending Engineer, National Highways, Salem & Ors [1988] INSC224 (16 August 1988)

Judgement Date : 16 Aug 1988

Citation : 1988 Latest Caselaw 223 SC

Headnote :

The petitioner-Construction firm entered into agreements with respondent No. 3, Superintending Engineer of a Circle for execution of certain civil works. Respondent No. 1- Superintending Engineer of another Circle entered into a reference for arbitration and parties filed statements and adduced evid...

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Collector of Central Excise, Chandigarh Vs. Doaba Co-Operative Sugar Mills Ltd., Jalandhar [1988] INSC225 (16 August 1988)

Judgement Date : 16 Aug 1988

Citation : 1988 Latest Caselaw 224 SC

Central Excises and Salt Act, 1944
Limitation Act, 1963

Headnote :

The Superintendent of Central Excise issued a show cause notice on November 15, 1981 to the respondent for recovery of `excess production' rebate erroneously granted under Notification No. 108/78. The Assistant Collector, however, on July 31, 1982 held that there was no excess Production because...

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Achyut Shivram Gokhale Vs. Regional Transport Officer & Ors [1988] INSC226 (16 August 1988)

Judgement Date : 16 Aug 1988

Citation : 1988 Latest Caselaw 225 SC

Motor Vehicles Act, 1939

Headnote :

On November 29, 1973 the Government of Maharashtra Notified a scheme approved under section 68-D of the Motor Vehicles Act, 1939 authorising the Maharashtra State Road Transport Corporation to operate contract carriage services in the entire area of the State of Maharashtra to the complete exclusion...

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State of Rajasthan Vs. R.S. Sharma & Co [1988] INSC227 (16 August 1988)

Judgement Date : 16 Aug 1988

Citation : 1988 Latest Caselaw 226 SC

Jivarajbhai Ujamshi Sheth & Ors Vs. Chintamanrao Balaji & Ors [1963] INSC 223 (19 November 1963)

Headnote :

A dispute over the completion of construction work under a contract led to the litigation between the appellant and the respondent-company. However, during the pendency of the proceedings in the High Court, the parties agreed to settle the dispute through arbitration. The Arbitrators gave their a...

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Vijay Prakash D. Mehta & ANR Vs. Collector of Customs (Preventive), Bombay [1988] INSC228 (16 August 1988)

Judgement Date : 16 Aug 1988

Citation : 1988 Latest Caselaw 227 SC

Customs Act, 1962

Headnote :

Section 129A of the Customs Act, 1962 confers right of appeal to the Appellate Tribunal. Where, however, the order appealed against relates to duty demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under the Act, s. 129E requires the aggrie...

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State of Maharashtra & Ors Vs. Madhukar Balkrishna Badiya & Ors [1988] INSC229 (17 August 1988)

Judgement Date : 17 Aug 1988

Citation : 1988 Latest Caselaw 228 SC

Bombay Motor Vehicles Tax Act, 1958
Bombay Motor Vehicles Tax Act, 1958

Malwa Bus Service (P) Ltd. Vs. State of Punjab & Ors [1983] INSC 53 (28 April 1983)
Anant Mills Co. Ltd. Vs. State of Gujarat & Ors [1975] INSC 9 (21 January 1975)

Headnote :

These Civil appeals and special leave petitions centred round one point, namely, the validity of the Bombay Motor Vehicles Tax Act, 1958 as amended by Section 3 of the Maharashtra Act XIV of 1987 and Section 6 of the said Act as amended by Maharashtra Act XXXIII of 1987 and the Maharashtra Act IX of...

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Sub Divisional Officer & Ors Vs. Dr. Mehar Singh & Ors [1988] INSC230 (17 August 1988)

Judgement Date : 17 Aug 1988

Citation : 1988 Latest Caselaw 229 SC

Headnote :

Certain areas in Punjab State were constituted as notified areas. An ares was declared a 'notified area by notification under s. 241 of the Act. The Government nominated members, issued the necessary enabling notifications under s. 242 and appointed a notified area committee consisting of certai...

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Governing Body, St. Anthony's College, Shillong & Ors Vs. Rev. Fr. Paul Petta [1988] INSC232 (18 August 1988)

Judgement Date : 18 Aug 1988

Citation : 1988 Latest Caselaw 230 SC

Constitution of India

Headnote :

The respondent had been appointed Principal of St. Anthony's College by Salesian Provincial and his appointment had been approved by the Director of Public Instruction (D.P.I.) on the recommendation of the governing body of the College. Due to differences between the Principal and the Church aut...

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M.L. Jain Vs. Union of India [1988] INSC233 (18 August 1988)

Judgement Date : 18 Aug 1988

Citation : 1988 Latest Caselaw 231 SC

Constitution of India
High Court Judges Rules, 1956
High Court Judges Rules, 1956

Headnote :

The petitioner, before his appointment as a Judge of the Rajasthan High Court, was a member of the Rajasthan Higher Judicial Service. He was later transferred and appointed as a Judge of the High Court of Delhi. He retired on July 21, 1984. The petitioner had opted. for the purpose of his pension, f...

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Amar Singh & ANR Vs. Asstt. Director of Consolidation & Ors [1988] INSC234 (19 August 1988)

Judgement Date : 19 Aug 1988

Citation : 1988 Latest Caselaw 232 SC

Headnote :

The Bhumidhar bequeathed life estate to his wife and the remainder in favour of the daughters. On his death the wife entered in possession of the land and executed a will in favour of the appellants. In a proceeding under the U.P. Consolidation of Holdings Act the Consolidation Officer accepted the...

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Atma Ram Mittal Vs. Ishwar Singh Punla [1988] INSC235 (22 August 1988)

Judgement Date : 22 Aug 1988

Citation : 1988 Latest Caselaw 233 SC

Haryana Urban (Control of Rent and Eviction) Act, 1973

Headnote :

The appellant-landlord filed a civil suit against the respondent-tenant for possession of a shop which had been rented out by him in 1978. The suit was filed on the basis that the respondent was in arrears of rent from lst December, 1981 to 31st May,1982, that the tenancy had been terminated by givi...

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Dr. Ramesh Chandra Sinha Vs. State of Bihar & Ors [1988] INSC236 (23 August 1988)

Judgement Date : 23 Aug 1988

Citation : 1988 Latest Caselaw 234 SC

Headnote :

The appellant and respondent Nos. 3 and 4 were appointed Associate Professors of Plastic Surgery in the Patna Medical College on September 29, 1978. In the appointment order the name of the appellant was placed below the two respondents. In a writ petition moved by him under Art. 226 of the Constitu...

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Smt. Savithramma Vs. Cecil Naronha & ANR [1988] INSC237 (23 August 1988)

Judgement Date : 23 Aug 1988

Citation : 1988 Latest Caselaw 235 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The complainant filed in this Court a petition for contempt against the accused for their failure to comply with the orders of this Court. In paragraph 2 of the affidavit in support of the petition, the complainant stated that the statements contained in the petition were true to the best of her kno...

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Nyadar Singh & ANR Vs. Union of India & Ors [1988] INSC238 (23 August 1988)

Judgement Date : 23 Aug 1988

Citation : 1988 Latest Caselaw 236 SC

Constitution of India

Headnote :

Pursuant to separate disciplinary proceedings the penalty of `reduction in rank' was imposed on the appellants, Nyadar Singh and M.J. Ninama, reducing each of them to a post lower than the one to which they were directly recruited. The Central Administrative Tribunals rejected the appellants&...

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State of Punjab & Ors Vs. Om Prakash Baldev Krishan [1988] INSC239 (23 August 1988)

Judgement Date : 23 Aug 1988

Citation : 1988 Latest Caselaw 237 SC

Constitution of India
Government of India Act, 1935

Headnote :

The tender submitted-by the respondent firm for the construction of a high level bridge was accepted by the Executive Engineer and they were asked to take up the work in hand, and also to sign the agreement which was under preparation, within 10 days. No such agreement was, however, signed nor had t...

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Jhummamal Alias Devandas Vs. State of Madhya Pradesh & Ors [1988] INSC240 (25 August 1988)

Judgement Date : 25 Aug 1988

Citation : 1988 Latest Caselaw 238 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

Headnote :

The mortgagee in possession leased out the shop to the appellant and delivered possession. His entering of possession became a subject matter of dispute with respondent No. 2 in which the appellant was dispossessed. In the proceedings initiated under s. 145 Cr. P.C. the, Magistrate found that the...

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State of Orissa & Ors Vs. Lall Brothers [1988] INSC241 (25 August 1988)

Judgement Date : 25 Aug 1988

Citation : 1988 Latest Caselaw 239 SC

Firm Madanlal Roshanlal Mahajan Vs. Hukumchand Mills Ltd. [1966] INSC 135 (19 August 1966)

Headnote :

The respondent-firm was entrusted with the construction work of a `Minor Irrigation Project' by the State of Orissa- Petitioner. The work was due to be completed on 3rd August, 1977 but it was actually on 31st March? 1978. Disputes arose in regard to the payment for the work. The respondent- con...

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Hari Kishan & ANR Vs. Sukhbir Singh & Ors [1988] INSC242 (25 August 1988)

Judgement Date : 25 Aug 1988

Citation : 1988 Latest Caselaw 240 SC

CrPC Section 360. Order to release on probation of good conduct or after admonition
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 307. Attempt to murder

Headnote :

Seven persons were convicted under sections 307/149, 325/l49, 3231/149 and 148 IPC (Indian Penal code, 1860) and sentenced to undergo R.Z. from one year to three years. The High Court acquitted two of all charges, and five of the offence under s. 307/149 while maintaining their conviction and sent...

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State of U.P. Vs. Anil Singh [1988] INSC243 (26 August 1988)

Judgement Date : 26 Sep 1988

Citation : 1988 Latest Caselaw 241 SC

Headnote :

The respondent Anil Singh was tried for the murder of Keshav Kumar, his erstwhile friend and classmate. The Trial Court convicted the accused and sentenced him to imprisonment for life. The High Court doubting the credibility of the eye-witnesses, discarded the prosecution case and acquitted the res...

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Y.K. Mehta & Ors Vs. Unlon of India & ANR [1988] INSC244 (26 August 1988)

Judgement Date : 26 Aug 1988

Citation : 1988 Latest Caselaw 242 SC

Constitution of India

Headnote :

The Government by an order dated March 9,1979 revised the fee scales of certain categories of Staff Artists in Doordarshan with retrospective effect from January 1, 1973 on the analogy of the recommendations of the Third Pay Commission made in respect of regular Government servants but the categorie...

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Commissioner, Sales Tax, U.P. Lucknow Vs. Anoop Wines, Khuldabad, Allahabad [1988] INSC245 (26 August 1988)

Judgement Date : 26 Aug 1988

Citation : 1988 Latest Caselaw 243 SC

Headnote :

On the basis of a survey conducted, the respondent, a dealer in foreign liquor was directed to get itself registered for 1977-78 as a dealer. But this direction was not complied with. Such a direction in respect of l976-77 was also not complied with. The Sales Tax Officer imposed a 0penalty of Rs.4,...

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Kanpur Suraksha Karamchari Union (Regd.) Vs. Union of India & Ors [1988] INSC246 (26 August 1988)

Judgement Date : 26 Aug 1988

Citation : 1988 Latest Caselaw 244 SC

Constitution of India
Factories Act, 1948

Headnote :

The President of India, by order dated July 25, 1981 accorded sanction to treat all employees of canteens established ia Defence Industrial Installations under section 46 of the Factories Act, 1948, as Government employees. The order was given effect from 22.12.1980. The petitioners were working...

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