Caselaw | Supreme Court Judgements of march 1988

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Continental Construction Co. Ltd. Vs. State of Madhya Pradesh [1988] INSC 63 (7 March 1988)

Judgement Date : 07 Mar 1988

Citation : 1988 Latest Caselaw 63 SC

Headnote :

The petitioner in this case, under Article 136 of the Constitution, entered into a contract with the respondent State for construction work. The contract was not completed within the agreed timeframe due to what was claimed to be significant delays by the State in assigning work and fulfilling its c...

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Deputy Commissioner of Sales-Tax (Law), Board of Revenue Vs. Shiphy International, Alleppey [1988] INSC 64 (7 March 1988)

Judgement Date : 07 Mar 1988

Citation : 1988 Latest Caselaw 64 SC

Central Sales Tax Act, 1956

Headnote :

The respondent-assessee acquired fresh frog legs, which were then skinned, cleaned, and frozen to prevent decomposition and decay before being exported. They claimed eligibility for benefits under section 5(3) of the Central Sales Tax Act, 1956.The State argued that the fresh legs were not exported...

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Rakesh Kumar & Shri Shakti Kumar Vs. Hindustan Everest Tool Ltd. [1988] INSC 65 (7 March 1988)

Judgement Date : 07 Mar 1988

Citation : 1988 Latest Caselaw 65 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882

Headnote :

Section 14(1)(a) of the Delhi Rent Control Act, 1958 allows for the recovery of possession of rented premises if the tenant has not paid the overdue rent within two months of receiving a demand notice, as specified in section 106 of the Transfer of Property Act, 1882.According to the lease agreement...

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Hyderabad Engineeiring Industries Ltd. Vs. A.P. State Electricity Board [1988] INSC 66 (8 March 1988)

Judgement Date : 08 Mar 1988

Citation : 1988 Latest Caselaw 66 SC

Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

On July 21, 1981, the Andhra Pradesh State Electricity Board issued a notification under section 49 of the Electricity Supply Act, 1948, which unilaterally modified the supply conditions for high tension power consumers. According to this notification, industries with contracted demands between 1501...

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R. Prabha Devi & Ors Vs. Government of India, Through Secretary, Ministry of Personnel [1988] INSC 67 (8 March 1988)

Judgement Date : 08 Mar 1988

Citation : 1988 Latest Caselaw 67 SC

Administrative Tribunals Act, 1985
Constitution of India

Headnote :

The appellants are Section officers who were directly recruited and appointed to substantive vacancies in accordance with the reserved quota for direct recruits.The seniority among direct recruits and promotees is determined based on the quota and rota system.As per the C.S.S. Rules of 1962, substan...

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Dr. Chakradhar Paswan Vs. State of Bihar & Ors [1988] INSC 68 (8 March 1988)

Judgement Date : 08 Mar 1988

Citation : 1988 Latest Caselaw 68 SC

Arati Ray Choudhury Vs. Union of India & Ors [1973] INSC 185 (11 October 1973)

Headnote :

The State of Bihar had a Directorate of Indigenous Systems of Medicines under its Health Department, led by Dr. Nagesh Dwivedi. On May 6, 1978, the State Government established a separate Directorate of Indigenous Medicines, appointing a Director from one of the medicinal systems, which included Ayu...

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Government of Andhra Pradesh & ANR, Vs. Dr. R. Murali Babu Rao & ANR, [1988] INSC 69 (9 March 1988)

Judgement Date : 09 Mar 1988

Citation : 1988 Latest Caselaw 69 SC

Gwalior
Indian Medical Council Act, 1956

Headnote :

The appeals and special leave petitions were filed against the judgment and order of the Andhra Pradesh Administrative Tribunal, which annulled the panel of names created by the State Government under rule 8 of the Andhra Pradesh Medical & Health Service Special Rules, 1982. This panel was intended...

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G. Ramegowda, Major, Vs. Special Land Acquisition Officer, Bangalore [1988] INSC 70 (10 March 1988)

Judgement Date : 10 Mar 1988

Citation : 1988 Latest Caselaw 70 SC

Limitation Act, 1963

Headnote :

The appellants\' lands were acquired for the establishment of the \'University of Agricultural Sciences\' in Bangalore.On July 17, 1970, the Civil Judge issued a common award in three Land Acquisition References under Section 18 of the Land Acquisition Act.An application for certified copies was sub...

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Andhra Pradesh State Electricity Board Vs. Union of India & ANR [1988] INSC 71 (11 March 1988)

Judgement Date : 11 Mar 1988

Citation : 1988 Latest Caselaw 71 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

The Emergency Risks (Factories) Insurance Act of 1962 was established to facilitate the swift rehabilitation of industrial operations in the event of damage during wartime. Consequently, the Central Government committed to insuring factories against war-related risks. The Act provided for the implem...

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Union of India & Ors Vs. E. Bashyan [1988] INSC 72 (11 March 1988)

Judgement Date : 11 Mar 1988

Citation : 1988 Latest Caselaw 72 SC

Constitution of India

Headnote :

The report from the enquiry officer was not provided to the respondent prior to the disciplinary authority issuing the final order that determined his guilt. The Central Administrative Tribunal ruled in favor of the respondent.In the special leave petition, the Union of India argued that the authori...

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Deputy Commissioner of Sales Tax (Law), Board of Revenue Vs. Thomas Stephen & Co. Ltd. [1988] INSC 73 (14 March 1988)

Judgement Date : 14 Mar 1988

Citation : 1988 Latest Caselaw 73 SC

Constitution of India
Kerala General Sales Tax Act, 1963

Headnote :

Section 5A(1) of the Kerala General Sales Tax Act, 1963 mandates that a dealer must pay purchase tax on taxable goods acquired under conditions where no tax is due, if he (a) uses those goods in the production of other goods for sale or otherwise, (b) disposes of those goods in any manner other than...

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Usmanbhai Dawoodbhai Menon & Ors Vs. State of Gujarat [1988] INSC 74 (14 March 1988)

Judgement Date : 14 Mar 1988

Citation : 1988 Latest Caselaw 74 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

This Criminal Appeal challenges the judgment and order of the Gujarat High Court, along with related Special Leave Petitions concerning the decisions made by various Designated Courts in the State established under the Terrorist & Disruptive Activities (Prevention) Act, 1987. These cases presented s...

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R.L.Gupta & ANR Vs. Union of India & Ors [1988] INSC 75 (16 March 1988)

Judgement Date : 16 Mar 1988

Citation : 1988 Latest Caselaw 75 SC

Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India

Headnote :

This writ petition was initially submitted to this Court by two members of the Delhi Higher Judicial Service, Shri R.L. Gupta and Shri S.B. Aggarwal. However, the Court determined that Shri S.B. Aggarwal\'s case should be evaluated separately, leading to the request for him to file an independent pe...

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Municipal Corporation of Greater Bombay Vs. Nagpal Printing Mills & ANR [1988] INSC 76 (17 March 1988)

Judgement Date : 17 Mar 1988

Citation : 1988 Latest Caselaw 76 SC

Bombay Municipal Corporation Act, 1888

Headnote :

Section 169 of the Bombay Municipal Corporation Act, 1888 grants the Standing Committee the authority to establish rules for charging water supply fees, allowing them to set water charges based on actual or estimated measurements of the water provided.Section 276 mandates the installation of meters...

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Smt. Sova Ray & ANR Vs. Gostha Gopal Dey & Ors [1988] INSC 77 (18 March 1988)

Judgement Date : 18 Mar 1988

Citation : 1988 Latest Caselaw 77 SC

Section 74. Compensation of breach of contract where penalty stipulated for

Headnote :

The appellants initiated a lawsuit seeking a partition of property, claiming a one-third share. The trial court issued a preliminary decree. Respondent No. 1 (defendant No. 9 in the case) appealed the decree to the High Court. The appeal was resolved through a compromise, which acknowledged the appe...

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Bigyan Kumar & Ors Vs. Union of India & Ors [1988] INSC 78 (18 March 1988)

Judgement Date : 19 Mar 1988

Citation : 1988 Latest Caselaw 78 SC

Constitution of India

Headnote :

The Supreme Court provided specific instructions concerning petitioner No. 9 related to their accommodation and reinstatement in a writ petition submitted by forty petitioners employed at the Pension Paying Office in Pokhara, Nepal. They sought directives from the Union of India regarding their job...

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Union Public Service Commission Vs. Hiranyalal Dev & Ors [1988] INSC 79 (22 March 1988)

Judgement Date : 22 Feb 1988

Citation : 1988 Latest Caselaw 79 SC

Headnote :

Hiranyalal, the respondent in both appeals, was dissatisfied with his exclusion from the Select List for the promotion of State Police Service officers to the I.P.S. cadre, especially since two of his junior colleagues were selected. He filed a Civil Rule in the Guwahati High Court, which was subseq...

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T.J. Stephen & Ors Vs. Parle Bottling Co.(P) Ltd. & Ors [1988] INSC 80 (22 March 1988)

Judgement Date : 22 Mar 1988

Citation : 1988 Latest Caselaw 80 SC

CrPC Section 200. Examination of complainant

Headnote :

A complaint was lodged in the Chief Metropolitan Magistrate\'s court by the appellant, the Chief Controller of Imports and Exports, against respondents Nos. 1 and 2, a private limited company and its Managing Director, for allegedly violating section 5 of the Imports and Exports (Control) Act, 1947....

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Mohan Lal Vs. Jai Bhagwan [1988] INSC 81 (23 March 1988)

Judgement Date : 23 Mar 1988

Citation : 1988 Latest Caselaw 81 SC

East Punjab Urban Rent Restriction Act, 1949

Headnote :

The appellant-tenant rented the premises from the respondent-landlord for a monthly fee of Rs.120 and signed a rent agreement on April 19, 1975.According to Clause 4 of the rent agreement, the tenant was required to operate an \'English Liquor Vend\' and sell liquor from the shop. The respondent ini...

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Asian Paints India Ltd. Vs. Collector of Central Excise [1988] INSC 82 (23 March 1988)

Judgement Date : 23 Mar 1988

Citation : 1988 Latest Caselaw 82 SC

Headnote :

The Revenue had previously determined that \"Decoplast,\" produced by the appellant, is indeed plastic emulsion paint, and the revision application submitted to the Government of India was dismissed.Subsequently, the appellant approached the Bombay High Court, which instructed the Customs Excise and...

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Lalit Narayan Mishra Institute of Economic Development Ands Vs. State of Bihar & Ors [1988] INSC 83 (23 March 1988)

Judgement Date : 23 Mar 1988

Citation : 1988 Latest Caselaw 83 SC

Constitution of India
Societies Registration Act, 1860

Headnote :

In these writ petitions and civil appeals, the Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna, a registered society, along with its Registrar, Dr. Jagadanand Jha, contested the constitutional validity of Bihar ordinances Nos. 15 of 1986 and 30 of 1986, which were lat...

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Major (Retd.) Inder Singh Rekhi Vs. Delhi Development Authority [1988] INSC 84 (24 March 1988)

Judgement Date : 24 Mar 1988

Citation : 1988 Latest Caselaw 84 SC

Limitation Act, 1963

Headnote :

The appellant completed the construction of certain houses for the respondent-Development Authority on April 2, 1980.The appellant sent multiple letters to the respondent requesting the finalization of the bills, starting with the first letter on February 28, 1983, and the last one on September 4, 1...

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Food Corporation of India & ANR Vs. Great Eastern Shipping Co. Ltd. [1988] INSC 85 (28 March 1988)

Judgement Date : 28 Mar 1988

Citation : 1988 Latest Caselaw 85 SC

Headnote :

A Charter Party agreement was established between the appellant, the Food Corporation of India, and the respondent, the Shipping Company, for the transport of bulk cargo from Australia to India. Following the delivery of the cargo, the respondent Company raised issues concerning certain items and so...

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Collector of Central Excise, Madras. Vs. Kutty Flush Doors & Furniture Co. (P) Ltd. [1988] INSC 86 (28 March 1988)

Judgement Date : 28 Mar 1988

Citation : 1988 Latest Caselaw 86 SC

Central Excises and Salt Act, 1944

Headnote :

The respondent company submitted a classification list to the Assistant Collector of Excise, requesting approval to classify sawn timber and dried timber as non-excisable, arguing that the process of cutting timber logs into various sizes did not constitute manufacturing. The Assistant Collector det...

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Collector of Central Excise, Madras Vs. T.I. Millers Ltd. Madras & T.I. Diamond Chain, Madras [1988] INSC 87 (28 March 1988)

Judgement Date : 28 Mar 1988

Citation : 1988 Latest Caselaw 87 SC

Central Excises and Salt Act, 1944

Headnote :

The respondents produced goods that were subject to assessment under Item 68 of the Central Excise Tariff. They submitted price lists for the sale of these goods through their distributors, including M/s. T.I & M- Sales Ltd., indicating their price to the distributors as the assessable value. Later,...

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Hameedia Hardware Stores, Represented By Its Partner S. Pee Vs. B. Mohan Lal Sowcar [1988] INSC 88 (29 March 1988)

Judgement Date : 29 Mar 1988

Citation : 1988 Latest Caselaw 88 SC

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Phiroze Bamanji Desai Vs. Chandrakant M. Patel & Ors [1974] INSC 20 (4 February 1974)

Headnote :

The respondent\'s brother was operating his business in the front section of the ground floor of the property in question, which belonged to the respondent\'s father.The appellant acquired the ongoing business from the respondent\'s brother and subsequently became a tenant under the respondent\'s fa...

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International Airport Authority of India Vs. K.D. Bali & ANR [1988] INSC 89 (29 March 1988)

Judgement Date : 29 Mar 1988

Citation : 1988 Latest Caselaw 89 SC

Code of Civil Procedure, 1908 (CPC)

Ranjit Thakur Vs. Union of India & Ors [1987] INSC 285 (15 October 1987)

Headnote :

This petition for special leave challenges the judgment and order of the High Court of Bombay, which denied the request to revoke the authority of respondent No. 1, the sole arbitrator, under sections 5 and 11 of the Arbitration Act, 1940 (referred to as \'The Act\').The petitioner called for tender...

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