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Chuharmal Vs. Union of India & Ors [1988] INSC 125 (2 May 1988)

Judgement Date : 02 May 1988

Citation : 1988 Latest Caselaw 125 SC

Headnote :

On or about 12th May, 1973 the Superintendent of Central Excise issued search warrant under s. 105 of the Customs Act, 1962 authorising an Inspector of Central Excise to search the residential premises of the petitioner. A search was made and 565 foreign wrist watches were recovered from the premise...
Chuharmal S/O Takarmal Mohnani Vs. Commissioner of Income-Tax, M.P., Bhopal [1988] INSC 126 (2 May 1988)

Judgement Date : 02 May 1988

Citation : 1988 Latest Caselaw 126 SC

Headnote :

Petitioner is the assessee. For the assessment year 1974-75 he submitted his return of income showing a total income of Rs.3,113 and stated that he derived this income from two stores which he had been running. On May 12, 1973 in a search by the Customs authorities, 565 watches of foreign make of...
All India Reporter Karamchari Sangh & Ors Vs. All India Reporter Limited & Ors [1988] INSC 127 (2 May 1988)

Judgement Date : 02 May 1988

Citation : 1988 Latest Caselaw 127 SC

Headnote :

Working Journalists and other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Act No. 45 of 1955)-Whether law reports-All India Reporter, Criminal Law Journal, Labour and Industrial Cases, Taxation Law Reports, Allahabad Law Journal, U.P. Law Tribune published by...
Union of India & Ors Vs. Madhumilan Syntex Pvt. Ltd. & ANR [1988] INSC 128 (3 May 1988)

Judgement Date : 03 May 1988

Citation : 1988 Latest Caselaw 128 SC

Headnote :

The respondent No. 1 in this appeal was manufacturing Spun yarn. In the manufacture of the said product, the respondents used as raw material cellulosic fibres and non- cellulosic fibres. Prior to 7th July, 1983, the respondents had filed a classification list in respect of the spun yarn manufacture...
Kalyan Municipal Council & Ors Vs. Usha Paper Products (P) Ltd. & ANR [1988] INSC 129 (3 May 1988)

Judgement Date : 03 May 1988

Citation : 1988 Latest Caselaw 129 SC

Headnote :

After levy of the property tax by the Kalyan Municipal Council ('the Municipal Council') on the immovable properties of the Respondent No. 1 ('the company') in respect of certain years, the Municipal Council detected certain new construction and alterations in the existing properties...
Salim Rajmohmad Muslim Vs. State of Gujarat & Ors [1988] INSC 130 (3 May 1988)

Judgement Date : 03 May 1988

Citation : 1988 Latest Caselaw 130 SC

Headnote :

The petitioner, who was detained under sub-section (2) of section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985, by an order dated 11th june, 1987 filed a writ petition in this Court, alleging that both the detaining authority as also the State Government had not considered the rep...
Banarsi Lal Vs. Smt. Saghiran Begum [1988] INSC 131 (3 May 1988)

Judgement Date : 03 May 1988

Citation : 1988 Latest Caselaw 131 SC

Headnote :

In a suit for ejectment filed by the landlord respondent a decree for eviction from a shop was passed against the tenant-appellant on 19th August, 1971. The Trial Court however directed the parties to bear their own costs. During the pendency of the tenant's appeal, the U.P. Urban Buildings (...
Burmah Shell Oil Distributing Now Known As Bharat Petroleum Vs. Khaja Midhat Noor & Ors [1988] INSC 132 (3 May 1988)

Judgement Date : 03 May 1988

Citation : 1988 Latest Caselaw 132 SC

Headnote :

On 16th January, 1958 a lease deed was executed between the lessee and the lessor-respondent in respect of the demised land for a period of ten years, with a right of renewal for a further period of five years, and with permission to sub-lease the same. The lessee sub-leased the premises to the peti...
State of Tamil Nadu Vs. Dharangadhara Trading Co. Ltd. [1988] INSC 133 (3 May 1988)

Judgement Date : 03 May 1988

Citation : 1988 Latest Caselaw 133 SC

Headnote :

An agreement was entered into by Dharangadhara Chemical Works Ltd. (Chemical Company) for the sale of all its products to the respondent (Trading Company). The agreement contained general terms; and the actual quantity sold, the sale price, the booking station and the destination stations were to be...
Commissioner of Income-Tax,Bombay City-I, Bombay Vs. Associated Cement Companies Ltd., Bombay [1988] INSC 134 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 134 SC

Headnote :

This was an appeal by certificate under Section 66(A)(ii) of the Indian Income-tax Act against the judgment of the Bombay High Court on a reference of the question whether expenditure incurred by the company in the accounting period relevant to the assessment period was allowable as deduction in det...
Nagji Vallabhji & Company Vs. Meghji Vijpar [1988] INSC 135 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 135 SC

Headnote :

This appeal raised a short question as to the interpretation of sub-section (4)(a) of section 4 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 ("the Bombay Rent Act"). The appellants were the sub-tenants of the respondent No. 1 Firm in respect of the premises cal...
Bharat Steel Tubes Ltd. & ANR Vs. State of Haryana & ANR [1988] INSC 136 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 136 SC

Headnote :

The petitioners are a public limited company and its General Manager (Legal). The Company was a manufacturer of electric resistence, welded steel tubes and pipes, and registered as a dealer under the Haryana General Sales Tax Act, 1973 as also the Central Sales Tax Act. It filed returns for all the...
D.N.Taneja Vs. Bhajan Lal [1988] INSC 137 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 137 SC

Headnote :

The appellant filed an application for contempt against the respondent in the High Court complaining of interference by the respondent with the due course of judicial proceedings. A Single Judge of the High Court after considering the application, affidavits and submissions made on behalf of the par...
Alwaye Agencies Vs. Dy. Commissioner of Agricultural Income-Tax And Sales Tax [1988] INSC 138 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 138 SC

Headnote :

This appeal arose out of a case under the Kerala General Sales Tax Act. The assessee firm (assessee) had been appointed as distributor by the Travancore Cochin Chemicals Ltd. (the "said company") to effect sale of their product under an agreement. In the assessment of the assessee firm for...
Mukul Dalal Vs. Union of India & Ors [1988] INSC 139 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 139 SC

Headnote :

The appellants were facing prosecution for several charges under the Indian Penal Code in different trials. By different notifications the State of Maharashtra appointed some advocates as Assistant Public Prosecutor and Special Public Prosecutors in exercise of powers under section 25(1) and 24(8) r...
Markandey Singh, I.P.S., & Ors Vs. M.L. Bhanot, I.P.S., & Ors [1988] INSC 140 (4 May 1988)

Judgement Date : 04 May 1988

Citation : 1988 Latest Caselaw 140 SC

Headnote :

Shri Markandey Singh, the appellant in the first appeal had joined the U.P. State Service as Deputy Superintendent of Police by passing a competitive examination. In November, 1953, he joined on deputation the Union Territory of Delhi which at that time had no police service of its own. While on dep...
Gurmesh Prakash Bishnoi Vs. State of Haryana & Ors [1988] INSC 141 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 141 SC

Headnote :

Hon'ble Mrs. Justice Sujata V. Manohar Hon'ble Mr. Justice G.B. Pattanaik B.S. Malik, Sr. Adv., K.S. Chauhan, Adv. with him for the appellant Ms. Nandini Gore, Prem Malhotra, Advs., for the Respondents O R D E R The following Order of the Court was delivered:
Federation of All India Customs & Centralexcisestenographer Vs. Union of India & Ors [1988] INSC 142 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 142 SC

Headnote :

By this writ petition, Personal Assistants and Stenographers (Grade I) in the pay-scale of Rs. 550-900 attached with officers in the pay-scale of Rs.2500-2750 (Level I) i.e. heads of the departments in the Customs and Central Excise Departments of the Finance Ministry, sought parity with the pay sca...
R.K.Palshikar (Huf) Vs. Commissioner of Income-Tax, Madhya Pradesh, Nagpur, Bhandara [1988] INSC 143 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 143 SC

Headnote :

This was an appeal on a certificate of fitness granted by the High Court against its judgment on a reference made under Section 66(1) of the Indian Income-tax Act ("the said Act"). The appellant/assessee owned some agricultural land, which the assessee developed into building sites. The...
Tata Tea Ltd. & ANR Vs. State of West Bengal & Ors [1988] INSC 144 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 144 SC

Headnote :

These Writ Petitions, filed in this Court by Public Limited Companies growing, manufacturing and selling tea in the States of West Bengal and Kerala raised common questions of law. The Writ Petitions relating to the State of West Bengal challenged the constitutional validity of sections 3 and 5 o...
Jain Exports (P) Ltd. & ANR Vs. Union of India & Ors [1988] INSC 145 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 145 SC

Headnote :

The appellants are a Company and its Managing Director. The Company imported two consignments of refined industrial Coconut oil. The ships carrying the aforesaid cargo arrived at the port of destination on 10th September, 1982 and 22nd September, 1982. The appellant No. 1 filed the bills of entry...
Assistant Commissioner of Commercial Taxes (Asst.) Dharwar Vs. Dharnendra Trading Company [1988] INSC 146 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 146 SC

Headnote :

The Government of Karnataka issued an order dated the 30th June, 1969, sanctioning in-centives and concessions in the matter of sales tax to the entrepreneurs for starting new industries in the Mysore State. On the 12th January, 1977, the Government issued another order, presecribing ceiling limits...
Fertilizers & Chemicals Travancore Ltd. Vs. Kerala State Electricity Board & ANR [1988] INSC 147 (5 May 1988)

Judgement Date : 05 May 1988

Citation : 1988 Latest Caselaw 147 SC

Headnote :

The Appellant, a company registered under the Companies Act, had its registered office at Eloor in the erstwhile State of Travancore. On October 21, 1948 the company entered into an agreement (Exhibit-P1) with the erstwhile princely State of Travancore for the supply of electrical-energy under the t...
N.K. Sanghi, Partner of M/S Sanghi Brothers Vs. Controller of Estate Duty, Rajasthan [1988] INSC 148 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 148 SC

Headnote :

One Motilal Sanghi made a gift of Rs.25,000 each to his four sons, on September 1, 1955. These amounts were invested by the sons in the firm known as Sanghi Brothers which was constituted by the said Motilal soon after the gifts were made. Motilal Sanghi had an 8 annas share in the firm; the four so...
Piara Lal Vs. Kewal Krishan Chopra [1988] INSC 149 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 149 SC

Headnote :

The suit premises consisted of four rooms in the ground floor where the appellant-tenant was running his office. One room in the first floor was in the possession of the landlord-respondent. The roof of one room in the rear side of the leased portion had fallen down, and it has been replaced by the...
Krishi Utpadan Mandi Samiti, Muzaffarnagar Vs. Ratan Prakash Mangal & Ors [1988] INSC 150 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 150 SC

Headnote :

These two appeals-Civil Appeal No. 3446 of 1987 and Civil Appeal No. 3447 of 1987-were filed in this Court against the judgment of the High Court in the Writ Petition No. 6789 of 1982. Ratan Prakash Mangal and Kuldip Singh, respondents Nos. 1 and 2 in the Civil Appeal No. 3446 of 1987 and the appell...
Guru Govekar Vs. Miss Filomena F. Lobo & Ors [1988] INSC 151 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 151 SC

Headnote :

A car owned by a firm was entrusted to Guru, proprietor of M/s Auto Electrical Works, for electrical repairs. The car was insured with M/s. Oriental Insurance Co. Ltd. as required under the Motor Vehicles Act, 1939 ('The Act'). When Momad Donttach an employee of the repairer, was repairin...
Commissioner of Income Tax, Lucknow Vs. Bazpur Co-Operative Sugar Factory Ltd. [1988] INSC 152 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 152 SC

Headnote :

Civil Appeal No. 563 of 1975 filed in the Court was directed against the Judgment of the High Court in an Income-tax Reference. The respondent (assessee) was a registered co-operative Society, carrying on business of manufacture and sale of sugar. The respondent had established a fund called &quo...
Tata Iron & Steel Co. Ltd. Vs. Union of India & Ors [1988] INSC 153 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 153 SC

Headnote :

The appellant-assessee manufactures and supplies to the Indian Railway wheels, tyres and axles as separate items. The goods are forged products. After being forged, the goods are rough machined and polished before supplying, thus removing the excess layer of steel, commonly referred to as 'ex...
State of Haryana Vs. Ram Kishan & Ors [1988] INSC 154 (6 May 1988)

Judgement Date : 06 May 1988

Citation : 1988 Latest Caselaw 154 SC

Headnote :

These appeals were directed against the common judgment of the High Court in Writ applications filed by different petitioners, challenging the termination of the mining leases granted to them. The State of Haryana which had executed the mining leases in favour of the writ petitioners for ten years u...
Dipti Narayan Srimani Vs. Controller of Estate Duty, West Bengal [1988] INSC 155 (9 May 1988)

Judgement Date : 09 May 1988

Citation : 1988 Latest Caselaw 155 SC

Headnote :

A person during his lifetime executed trust deeds, dated 21.9.53 and 4.10.1959 respectively. Under the Deed dated 21.9.1953 that person as settlor, transferred upon trust to himself as trustees four items of immovable property. The objects and purposes of the trust broadly stated were the conduct of...
State of U.P. & ANR Vs. Haji Ismail Noor Mohammad & Co [1988] INSC 156 (9 May 1988)

Judgement Date : 09 May 1988

Citation : 1988 Latest Caselaw 156 SC

Headnote :

The respondent "dealer" registered under the U.P. Sales Tax Act, 1948 was carrying on the business of manufacture of oils from groundnuts and other oil seeds, and was under section 3-D of the Act, liable to purchase-tax on oil seeds at 3% ad valorem on the turnover of its purchases from th...
Mohar Singh Vs. Devi Charan & Ors [1988] INSC 157 (9 May 1988)

Judgement Date : 09 May 1988

Citation : 1988 Latest Caselaw 157 SC

Headnote :

The first respondent was a tenant of two adjacent shops, under a single lease, obtained from two co-owners. The co-owners transferred their respective shares separately. Pursuant to partition between the transferees, the appellant became the exclusive owner of one of the shops. The appellant i...
Tej Bhan Madan Vs. Ii Additional District Judge & Ors [1988] INSC 158 (9 May 1988)

Judgement Date : 09 May 1985

Citation : 1988 Latest Caselaw 158 SC

Headnote :

Mainavati, who had purchased the premises in question at a court-sale, conveyed the same by sale in favour of Gopinath. The appellant who was in occupation attorned his tenancy in favour of Gopinath. Gopinath, in turn, sold the property in favour of Chhaya Gupta, the third respondent. The appella...
Ram Dass Vs. Ishwar Chander & Ors [1988] INSC 159 (9 May 1988)

Judgement Date : 09 May 1988

Citation : 1988 Latest Caselaw 159 SC

Headnote :

The appellant and the respondents were tenants of separate portions of the premises which was later sold by the landlord to the respondents, who were four brothers. The respondents filed a petition for eviction of the appellant on the ground of bonafide requirement. They contended that they were in...
Moorthy Vs. State of Tamil Nadu [1988] INSC 161 (9 May 1988)

Judgement Date : 09 May 1988

Citation : 1988 Latest Caselaw 160 SC

Headnote :

The prosecution case was: The appellant, who was working under P.W.1, developed intimacy with P.W.1's wife. However, on being found out by her daughter, P.W.2, the wife was forced to terminate this relationship. Then, on 20.7.1985, the appellant saw a late night film containing murder scen...
Rajendrakumar Natvarlal Shah Vs. State of Gujarat & Ors [1988] INSC 162 (10 May 1988)

Judgement Date : 10 May 1988

Citation : 1988 Latest Caselaw 161 SC

Headnote :

This appeal by special leave against the judgment of the High Court in writ petition, and the writ petition filed in this Court were directed against an order of detention passed by the District Magistrate against the appellant under sub-s. (2) of s. 3 of the Gujarat Prevention of Anti- Social Activ...
Mehmood Alam Tariq & Ors Vs. State of Rajasthan & Ors [1988] INSC 163 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 162 SC

Headnote :

The Rajasthan Public Service Commission conducted an examination in 1985 for appointments to State Services. The recruitment rules contained a provision that candidates should secure a minimum of 33% marks in the viva-voce test. Some of the candidates who failed to secure the minimum marks in viv...
Coffee Board, Karnataka, Bangalore Vs. Commissioner of Commercial Taxes [1988] INSC 164 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 163 SC

Headnote :

The appellant Coffee Board filed writ petitions in the High Court praying for a declaration that the mandatory delivery of the Coffee under section 25(i) of the Coffee Act, 1942, was not sale and that section 2(t) of the Karnataka Sales Tax Act, 1957 required to be struck down if the same encompasse...
Registrar. High Court of Madras Vs. R. Rajiah And K. Rajeswaran [1988] INSC 165 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 164 SC

Headnote :

The two respondents, R. Rajiah and R. Rajeswaran, who were members of the Tamil Nadu State Judicial Service, were functioning as District Munsifs when orders of their compulsory retirement from service were passed by the High Court of Madras in its administrative jurisdiction under Rule 56(d) of the...
Jagan Nath (Deceased) Through L.Rs. Vs. Chander Bhan & Ors [1988] INSC 166 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 165 SC

Headnote :

The respondent-landlord had filed a petition against the appellant-tenant under section 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958 for eviction from a residential-cum-commercial premises, inter alia, on the ground that the appellant had sublet, assigned or otherwise parted with posses...
D.K. Agarwal Vs. High Court of Judicature At Allahabad [1988] INSC 167 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 166 SC

Headnote :

In April, 1986, the Selection Committee constituted by the Chief Justice of Allahabad High Court recommended the grant of super-time scale to the appellant, a member of the U.P. Higher Judicial Services, under Rule 27A of the U.P. Higher Judicial Services Rules, 1975. The Full Court of the High C...
Bharat Petroleum Management Staffp Vs. Bharat Petroleum Corporation Ltd. & Ors [1988] INSC 168 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 167 SC

Headnote :

Burmah Shell oil Storage and Distributing Company of India Limited had a non-contributory pension fund. Consequent upon nationalisation of the petroleum industry, this fund was taken over by the Government company, respondent No. 1, under s. 10(1) of the Burmah Shell Acquisition of Undertakings i...
State Cf Madhya Pradesh & Ors Vs. Ashok Deshmukh & ANR [1988] INSC 169 (11 May 1988)

Judgement Date : 11 May 1988

Citation : 1988 Latest Caselaw 168 SC

Headnote :

Respondent Ashok Deshmukh, was a Panchayat and Social Education Organiser in the Social Welfare Department, Government of Madhya Pradesh, when he was temporarily posted as an officiating Block Development Officer in the Panchayat and Rural Development Department of the Government of Madhya Pradesh o...
Ishwar Chand Jain Vs. High Court of Punjab & Haryana & ANR [1988] INSC 170 (26 May 1988)

Judgement Date : 26 May 1988

Citation : 1988 Latest Caselaw 169 SC

Headnote :

This appeal by special leave was directed against the Judgment of the High Court, dismissing the appellant's writ petition challenging the order dispensing with his services. The appellant was appointed as Addl. District and Sessions Judge on probation for two years. While he was on probation...
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