Caselaw | Supreme Court Judgements of january 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 :

These appeals and writ petitions involved two questions of law-(i) whether Rule 41-A of the Karnataka Cinemas (Regulations) Rules (the Rules) framed by the State Government under section 19 of the Karnataka Cinemas Regulations Act of 1964 (the Act) had been made "for purposes of the Act",...

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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 :

Sectlon 5 of the Punjab Borstal Act, 1926 empowers courts to pass a sentence of detention in a Borstal institution in the case of male persons less than twenty one years of age convicted of an offence, in lieu of transportation or rigorous imprisonment. Section 2(4)(i)(a) of the Act which defines &#...

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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 persons were tried for the murder of a widow, out of which one turned approver. There was no direct evidence in the case. The only evidence was the evidence of the approver and the other evidence regarding recovery of articles by three witnesses. The trial court discarded the testimony of tw...

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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 :

Detention order was passed and served on the detenu on Augus t 3, 1987, while he was in jail for five non-bailable offences alleged to have been committed by him on May 19,1987. The detention order alleged that as the detenu who was in jail was trying to come out on bail, and there was enough possib...

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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 in exercise of powers conferred under sub-section (1) of section 9 of the Andhra Pradesh General Sales Tax Act, 1957, made an order on January 27, 1987, reducing the rate of tax on sale of Cement made to the manufacturing units of Cement products in the State. On the same...

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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 firm of coal merchants with its place of business in Bihar and an office in U.P., was assessed to sales tax by the first appellant in respect of the turnover of coal supplied by the respondent-assessee for the assessment years 1967-68 and 1968-69. The assessee filed w...

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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 M.C. Mehta v. Union of India & ors., [1987] 4 S.C.C. 463 had issued certain directions with regard to the industries in which the business of tanning was being carried on near Kanpur on the banks of the River Ganga. On that occasion, the Court had directed that the case in respect...

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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 :

These matters involved 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 building known as Prem Talkies had let out the building to Sunil Sharma and another, and the lease to the Sharma...

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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 raised a common question of law regarding the scope and effect of Explanation 11-A to clause (25) of section 2 of the Kerala Land Reforms Act, 1964, as amended by Act 17 of 1972. What fell for consideration was whether by reason of Explanation Il-A to se...

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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 involved in all these appeals were similar. Criminal Appeals Nos. 644-45.87 and Criminal Appeals Nos. 642-45-/87 were against the judgment and order of the High Court of Bombay, dismissing the Criminal Appeal filed by masters of two trawlers against their conviction and sente...

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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 defendant-respondent No. 1, Ram Prakash as Karta of a Joint Hindu Family executed an agreement to sell the suit property and received a sum of Rs.5,000 as earnest money. He, however, refused to execute the sale deed. The defendant No. 2 Jai Bhagwan, instituted a suit in the Court of the Sub-J...

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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, Mr. Sequeira, wanted to prefer an appeal to the Supreme Court against an order of the High Court, confirming an order of eviction passed against him in respect of his business premises, and engaged the appellant, an Advocate of the Supreme Court, to file the appeal. The Advocate/Appellant...

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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 in the appellant College on 26th July, 1971 and was placed under probation for one year. He was informed by a letter dated 28th March, 1972 that his services were no longer required and would stand terminated with effect from the afternoon of 30th April...

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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 filed by the All India Services Pensioners' Association, and an I.A.S. Omcer who had retired from service prior to l.1.1973 (respondents in the Appeal) the Central Administrative Tribunal by its decision dated August 5, 1985, declared that Rule 28(6) of the All India Services (Deat...

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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 '-meaning of. The appellant, manufacturer of Hospital and Pharmaceutical Appliances and Heavy Duty Industrial Canteen Equipment, classified certain items like cooking range, deep fat fryer, express coffee machine, bread toaster etc., numbering 14, u...

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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 raised the question as regards the determination of age of the Chief Justice of Andhra Pradesh High Court, in these Special Leave Petitions filed against the Judgment and order of the Andhra Pradesh High Court dismissing in limine the Writ Appeals against the order of dismissal of the...

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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 validity of the appellant's election to the Legislative Assembly was challenged by two electors, Respondent Nos. 1 and 2, on the ground that improper acceptance by the Returning officer, of the nomination paper of one of the contesting candidates who was not qualified to contest the election...

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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 empowers the court, on the complaint of the Company, or any creditor or contributory thereof, to punish an officer or employee of such company, by levy of fine, if such officer or employee wrongfully obtains possession of, or having obtained possession, wrongfu...

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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 lands of the appellant were situated on the banks of the river Tapti known for its frequent floods. They were sought to be acquired under the Land Acquisition Act, 1894. The preliminary notification declaring the intention to acquire the said land was issued under s. 4 of the act and publishe...

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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 question for consideration in this case was whether it was appropriate for the High Court to interfere with an election process at an intermediate stage after its commencement and before the declaration of the result of the election held for filling up a vacancy in the office of the Chairman of...

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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, members of the United Basel Mission Church (U.B.M.C.) of South Kanara and Coorg, instituted a suit in the Court of Munsif, Mangalore, praying for a declaration that the resolution dated May 9, 1961, passed in the extraordinary meeting of the District Church Council of UBMC of South...

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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 filed a writ petition in the High Court for quashing the order dated 31.1.1984 of the authorities, informing the respondent Union about the scheme of election to the Works Committee to be constituted for the period 1984-86, on the basis of division in different constituencies under t...

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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 :

As a result of the order passed by the High Court, proceedings under s. 44(2a) of the West Bengal Estates Acquisition Act, 1953 were re-opened by the Special Revenue officer and final orders were passed on 9.2.1982. The Ist respondent preferred an appeal against this order before the 9th Addition...

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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 was married to the first respondent by observance of rites under Hindu Law in June, 1974, while the first respondent's earlier marriage was subsisting and the wife was alive. After living with the first respondent for a week, she left the house alleging ill-treatment. She filed an...

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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 21st March, 1987 pursuant to an order of detention made under s. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He was served with the grounds of detention by the Detaining Authority. In the grounds it was sta...

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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 neighbours. The prosecution alleged that on October 8, 1983 at about 4 P.M. the deceased along with one of his sons, P.W. 8 were taking their buffaloes from their house towards the fields. When they were moving in the lane the accused...

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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 filed an application under Section 125 Cr.P.C. before the Judicial Magistrate, claiming maintenance for herself and her son, alleging lawful marriage with the respondent, and that the son was born out of the wedlock. Respondent, however, denied the marriage and paternity of her son....

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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, who was to retire from his service on 1.6.89 on completion of 58 years of age as per the date of birth recorded in the register maintained by the employer, the appellant-Corporation, filed a writ petition in the High Court claiming tha...

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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 suit premises consisting of lands and buildings were originally owned by Dewan Bishen Dass a former Prime Minister of the State of Jammu and Kashmir. The appellants purchased the same from his successor-in-interest, Purnish Chandra by two sale deeds dated 12.7.1967 and 8.12.1967. The State Go...

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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 accused were convicted for the murder of the first Appellant's paternal uncle, his wife and daughter. First the brother, and then his daughter and wife were done to death with gandassa and kapa blows just outside their house. The motive alleged was...

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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 respondent-landlord filed an application in the Court of the Rent Controller under Section 13-A of the East Punjab Rent Restriction (Amendment) Act, 1985, seeking eviction of the appellant-tenant on the ground of arrears of rent and for his own use and occupation. It was contended that the respo...

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