Caselaw | Supreme Court Judgements of february 1988

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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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Punjab Higher Qualified Teachers Union Vs. State of Punjab & Ors [1988] INSC 51 (23 February 1988)

Judgement Date : 23 Feb 1988

Citation : 1988 Latest Caselaw 51 SC

Constitution of India

Headnote :

The State Government issued a Circular on July 23, 1957, instructing a revision of the pay scales for various categories of subordinate staff, including Teachers in the Education Department. Paragraph 3 of this Circular outlined the pay scale revisions for Teachers, categorizing them into two groups...

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Vijay Kumar Vs. Union of India & Ors [1988] INSC 52 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 52 SC

Constitution of India
Customs Act, 1962
Gwalior

Headnote :

This appeal was filed against the High Court\'s judgment, which had dismissed the appellant\'s writ petition that contested the legality of his detention under the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (referred to as \'The Act\').The Directorate of Reve...

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Spaco Carburettors (India) Ltd. Vs. Collector of Customs, Bombay [1988] INSC 53 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 53 SC

ccc
Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

The appellant firm imported a \"special purpose complex machine\" and asserted that it should be classified under item 84.45/48 of the tariff schedule, with a duty rate of 40 percent applicable.The Assistant Collector determined that the imported machine was not used for manufacturing carburettors b...

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State of Maharashtra Vs. M.H. Mazumdar [1988] INSC 54 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 54 SC

Headnote :

The respondent retired from State Government service on September 1, 1987, upon reaching the age of superannuation.Approximately one year after his retirement, the respondent received a chargesheet outlining allegations of misconduct and negligence during his time in service. An inquiry was conducte...

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Desoola Rama Rao & ANR Vs. State of Andhra Pradesh & Ors [1988] INSC 55 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 55 SC

Headnote :

Rule 5 of the Andhra Pradesh (Roads and Buildings) Engineering Service Special Rules, 1967 stipulates that for an individual to be promoted to the position of Executive Engineer, a Graduate Assistant Engineer must meet the following criteria: (a) be a full member or an approved probationer, (b) a di...

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K. Siva Reddy & Ors Vs. State of Andhra Pradesh & Ors [1988] INSC 56 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 56 SC

Constitution of India

Headnote :

The petitioners in this writ challenge the order that regularized the temporary service of promotees from the years 1972-73, 1973-74, and 1974-75 to the position of Assistant Engineers (Deputy Executive Engineers). They argue that the retrospective regularization carried out by the Chief Engineer la...

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Hare Krishna Singh & Ors Vs. State of Bihar [1988] INSC 57 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 57 SC

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 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 379. Punishment for theft

Headnote :

The prosecution\'s case, as detailed in the Fardbeyan or FIR filed by P.W. 3, a social worker, stated that on December 12, 1987, around 7:00 A.M., he was on his way to visit his brother-in-law. Upon reaching the main gate of Sadar Hospital, he observed seven individuals:1. Hare Krishna Singh2. Sheo...

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K.V. Subba Rao & Ors Vs. Government of Andhra Pradesh & Ors [1988] INSC 58 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 58 SC

Headnote :

In 1961, the Andhra Pradesh Revenue Subordinate Services Rules were implemented, establishing the cadre of Deputy Tehsildars. Prior to this, the regulations from the former State of Madras were in effect in Andhra Pradesh.According to Rule 3 of the 1961 Rules, Deputy Tehsildars can be appointed thro...

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Roshan Singh & Ors Vs. Zile Singh & Ors [1988] INSC 59 (24 February 1988)

Judgement Date : 24 Feb 1988

Citation : 1988 Latest Caselaw 59 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

The parties are descendants of a shared ancestor who had two sons. These two branches of the family owned joint properties, both agricultural and residential. The agricultural land was divided in 1955, and the names of the respective parties were officially recorded in the revenue records. This was...

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V. Revathi Vs. Union of India & Ors [1988] INSC 60 (25 February 1988)

Judgement Date : 25 Feb 1988

Citation : 1988 Latest Caselaw 60 SC

Constitution of India
CrPC Section 198. Prosecution for offences against marriage
Indian Penal Code, 1860 (IPC)
IPC Section 497. Adultery [Declared unconstitutional by Supreme Court of India]

Headnote :

A wife has challenged the constitutional validity of Section 198 of the Cr.P.C. through the present petition filed under Article 32 of the Constitution of India.The petitioner argued that regardless of whether the law allows a husband to take legal action against his unfaithful wife, it is unjust to...

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General Officer Commanding-In-Chief & ANR Vs. Subhash Chandra Yadav & ANR [1988] INSC 61 (25 February 1988)

Judgement Date : 25 Feb 1988

Citation : 1988 Latest Caselaw 61 SC

Headnote :

The first respondent was appointed as a Sub-Charge at the Cantonment General Hospital in Lucknow by the Cantonment Board through an appointment letter dated April 23, 1969, and was confirmed in that position on December 1, 1969. The employment conditions for Cantonment Board employees, which is a st...

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Brij Nandan Kansal Vs. State of U.P. & ANR [1988] INSC 62 (26 February 1988)

Judgement Date : 26 Feb 1988

Citation : 1988 Latest Caselaw 62 SC

Headnote :

The appellant was employed in government service. Due to several charges against him, the State government referred his case to the Administrative Tribunal for investigation. The Tribunal found that the first charge was not substantiated, but it did find against the appellant on the other charges. S...

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