Caselaw | Supreme Court Judgements of october 1988

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Manmohan Kaur Vs. Surya Kant Bhagwandi [1988] INSC 310 (4 October 1988)

Judgement Date : 04 Oct 1988

Citation : 1988 Latest Caselaw 306 SC

Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947

Headnote :

While the eviction lawsuit against the defendant-appellant regarding the shop-room was ongoing under section 11 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982, the Trial Court issued an order requiring the appellant to pay rent on a monthly basis. After the appellant failed to pa...

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All India Sainik Schools Employees Association Vs. Defence Minister-Cum-Chairman Board of Governors, Sainik [1988] INSC 311 (4 October 1988)

Judgement Date : 04 Oct 1988

Citation : 1988 Latest Caselaw 307 SC

Constitution of India
Leave Travel Concession

Headnote :

The All India Sainik Schools Employees Association has submitted a petition to this Court under Article 32 of the Constitution, requesting a writ of mandamus that would require the respondents to grant the employees of the Sainik Schools all the same service benefits and advantages as those provided...

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Om Pal. Vs. Anand Swarup [1988] INSC 312 (4 October 1988)

Judgement Date : 04 Oct 1988

Citation : 1988 Latest Caselaw 308 SC

East Punjab Urban Rent Restriction Act, 1949

Headnote :

The appellant leased a room from the respondent to operate a dry-cleaning business. Subsequently, the appellant installed a parchhati in the shop for clothing storage.The respondent-landlord initiated eviction proceedings against the tenant under section 13(2)(iii) of the East Punjab Urban Rent Rest...

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Girja Shankar Tiwari & ANR Vs. Hirday Ranjan Chakraborty & ANR [1988] INSC 313 (5 October 1988)

Judgement Date : 05 Oct 1988

Citation : 1988 Latest Caselaw 309 SC

Headnote :

In 1946 or 1947, a landlord rented out certain premises in Rae Bareli to an Aushadhalaya. Although the Aushadhalaya eventually ceased operations, an employee of the establishment, referred to as respondent No. 1, continued to occupy the premises and paid rent under the name of the tenant rather than...

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Firm Sagarmal Vishnu Bhagwan Vs. Gauri Shankar & Ors [1988] INSC 314 (5 October 1988)

Judgement Date : 05 Oct 1988

Citation : 1988 Latest Caselaw 310 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent filed a lawsuit against the tenant/appellant seeking recovery of rent and eviction from a Nohara on several grounds, including failure to pay rent, making significant alterations and damaging the property, and bona fide requirement. The appellant contested the lawsuit. The trial court...

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Gangaram Vs. N. Shankar Reddy [1988] INSC 315 (6 October 1988)

Judgement Date : 06 Oct 1988

Citation : 1988 Latest Caselaw 311 SC

Headnote :

The respondent acquired the property located at premises No. 1.1.249 Chikkadpalli, Hyderabad, where he constructed two additional floors. He used the upper levels for his residence and the ground floor for his business activities.Later, he purchased the neighboring property, premises No. 1-1-250. Th...

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State of Bihar Vs. Murad Ali Khan & Ors [1988] INSC 316 (10 October 1988)

Judgement Date : 10 Oct 1988

Citation : 1988 Latest Caselaw 312 SC

CrPC Section 100. Persons in charge of closed place to allow search
CrPC Section 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
CrPC Section 300. Person once convicted or acquitted not to be tried for same offence
CrPC Section 482. Saving of inherent power of High Court
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 379. Punishment for theft
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees
IPC Section 499. Defamation
IPC Section 71. Limit of punishment of offence made up of several offences

Headnote :

The Range Officer from the appellant-State filed complaints with the Judicial Magistrate First Class against the respondents-accused, claiming they had violated section 51 of the Wild Life Protection Act, 1972. The Magistrate acknowledged the offense and directed that process be issued to the respon...

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Vidya Dhar Pande Vs. Vidyut Grih Siksha Samiti & Ors [1988] INSC 317 (10 October 1988)

Judgement Date : 10 Oct 1988

Citation : 1988 Latest Caselaw 313 SC

Air Corporations Act, 1953
Intermediate Education Act, 1921

Indian Airlines Corporation Vs. Sukhdeo Rai [1971] INSC 129 (27 April 1971)
Ram Pal Chaturvedi Vs. State of Rajasthan & Ors [1969] INSC 256 (24 September 1969)

Headnote :

The appellant was appointed as the principal of the school operated by the respondent society, which is registered under the M.P. Non-trading Corporation Act, 1962, starting from July 3, 196X. On June 23, 1971, the appellant\'s employment was terminated immediately, with one month\'s salary provided...

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State of Rajasthan & ANR Vs. Dr. Ashok Kumar Gupta & Ors [1988] INSC 318 (11 October 1988)

Judgement Date : 11 Oct 1988

Citation : 1988 Latest Caselaw 314 SC

Constitution of India

Headnote :

The applicants had applied for post-graduate programs at five medical colleges affiliated with Rajasthan University through a common competitive exam. Despite achieving higher scores than some successful candidates, they were denied admission because those candidates received additional marks under...

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Tarsem Lal Gautam & ANR Vs. State Bank of Patiala & Ors [1988] INSC 319 (11 October 1988)

Judgement Date : 11 Oct 1988

Citation : 1988 Latest Caselaw 315 SC

Constitution of India

State of U.P. & Ors Vs. J.P. Chaurasia & Ors [1988] INSC 306 (27 September 1988)

Headnote :

The petitioners were serving as Grade A officers on the appointed date of October 1, 1979, when the State Bank of Patiala (Officers\') Service Regulation, 1979 came into effect, which addressed the placement and fitment of existing officers into new grades and pay scales. According to Regulation 7 i...

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Maharashtra State Cooperative Cottongrowers Marketing Feder Vs. Shripati Pandurang Khade & Ors [1988] INSC 320 (11 October 1988)

Judgement Date : 11 Oct 1988

Citation : 1988 Latest Caselaw 316 SC

Headnote :

Industrial Court--Obligation--Must provide applicants with a chance to justify any delays if the complaints are subject to limitation.The respondents were previously employees of an organization known as the Maharashtra State Cooperative Marketing Federation Limited (Marketing Federation). Subsequen...

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United Offset Process Pvt. Ltd. Vs. Asstt. Collector of Customs, Bombay & Ors [1988] INSC 321 (14 October 1988)

Judgement Date : 14 Oct 1988

Citation : 1988 Latest Caselaw 317 SC

Customs Act, 1962

Headnote :

The appellant imported a Colour Scanner Chromagraph C-299 under the Import Trade Control Policy for the year 1981-82, categorizing it as \"printing machinery\" and submitted the necessary documents for clearance under Tariff Item No. 84.35. The Assistant Collector, however, assessed the goods under...

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Mukund Lal & ANR Vs. Union of India & ANR [1988] INSC 322 (14 October 1988)

Judgement Date : 14 Oct 1988

Citation : 1988 Latest Caselaw 318 SC

Constitution of India
Criminal Procedure Code, 1973
CrPC Section 172. Diary of proceeding in investigation
Indian Evidence Act, 1872

Headnote :

Section 172(3) of the Criminal Procedure Code, 1973 states that neither the accused nor their representatives have the right to request the case diary or to view it simply because it is mentioned by the Court. However, if the Police Officers use the diary to refresh their memory or if the Court refe...

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Jawaharlal Wadhwa & ANR Vs. Haripada Chakroberty [1988] INSC 323 (14 October 1988)

Judgement Date : 14 Oct 1988

Citation : 1988 Latest Caselaw 319 SC

Section 53A. TPA Part performance.
Transfer of Property Act, 1882

Headnote :

The respondent borrowed Rs. 15,000 from the Ministry of Defence to build a house on a plot assigned to him. However, since this amount was not enough to finish the construction, he secured an additional loan of Rs. 5,000 from Appellant No. 1. On September 6, 1973, he signed an agreement to sell the...

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S.B. Abdul Azeez Vs. M. Maniyappa Setty & ANR [1988] INSC 324 (14 October 1988)

Judgement Date : 14 Oct 1988

Citation : 1988 Latest Caselaw 320 SC

Headnote :

The appellant, now represented by legal counsel, had rented certain premises and was occupying them. The respondents, who are partners, sought to evict the appellant under section 21(1)(h) of the Karnataka Rent Control Act, 1961, claiming they genuinely needed the premises for their business, based...

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National Agricultural Cooperative Marketing Federatlon of India Vs. Alimenta S.A [1988] INSC 325 (26 October 1988)

Judgement Date : 26 Oct 1988

Citation : 1988 Latest Caselaw 321 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The petitioner entered into two contracts, one dated January 12, 1980, and the other on August 18, 1980, for the supply of Indian H.P.S. Groundnut Kernels Javas to a Swiss company. On December 20, 1980, the petitioner notified the respondent not to assign any vessels for loading the goods due to an...

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Collector of Central Excise,Guntur Vs. Andhra Sugar Ltd. [1988] INSC 326 (26 October 1988)

Judgement Date : 26 Oct 1988

Citation : 1988 Latest Caselaw 322 SC

Central Excises and Salt Act, 1944

Headnote :

The respondent produced \'Acetic Anhydride\', classified under Tariff Item No. 68 of the Central Excise Tariff. It submitted two refund claims for the excise duty paid on acetic anhydride for the period from February 5, 1981, to February 26, 1982, arguing that the goods were exempt from excise duty...

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Collector of Central Excise, Baroda Vs. Kosan Metal Products Limited [1988] INSC 327 (26 October 1988)

Judgement Date : 26 Oct 1988

Citation : 1988 Latest Caselaw 323 SC

Central Excises and Salt Act, 1944

Headnote :

The respondent company produces L.P.G.F. valves and regulators classified under Tariff Item 68 of the Central Excise Tariff. It was receiving brass rods from another company in Bombay and utilized the duty set-off as outlined in Notification No. 178/77 dated June 18, 1977. The brass rods were assess...

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State of Andhra Pradesh & ANR Vs. Balajangam Subbarajamma [1988] INSC 328 (27 October 1988)

Judgement Date : 27 Oct 1988

Citation : 1988 Latest Caselaw 324 SC

Headnote :

The District Magistrate of Nellore issued an order for the detention of the respondent under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The State Government sanctioned the detention and referred the case to the Advisory Board as per section 10 o...

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State of Kerala Vs. Attesee [1988] INSC 329 (27 October 1988)

Judgement Date : 27 Oct 1988

Citation : 1988 Latest Caselaw 325 SC

Bombay Sales Tax Act, 1959
Central Excises and Salt Act, 1944
Central Sales Tax Act, 1956
Constitution of India
Gwalior

Headnote :

Section 9, in conjunction with item 7 of the Third Schedule of the Kerala General Sales Tax Act of 1963, provided sales tax exemptions for specific items, including cotton fabrics. The term \"cotton fabrics\" was defined in accordance with item 19 of the first Schedule of the Central Excises and Sal...

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Collector of Central Excise Vs. Calcutta Steel Industries & Ors [1988] INSC 330 (27 October 1988)

Judgement Date : 27 Oct 1988

Citation : 1988 Latest Caselaw 326 SC

South Bihar Sugar Mills Ltd. Vs. Union of India & Ors [1968] INSC 29 (5 February 1968)

Headnote :

The respondent company submitted revised classification lists categorizing all rectangular products with a thickness of less than 3.0 mm that they manufacture as bars under Tariff Item 26AA(ia) of the Central Excise Tariff. The Assistant Collector of Central Excise determined that rectangular produc...

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Brij Sunder Kapoor Vs. Ist Additional District Judge & Ors [1988] INSC 331 (27 October 1988)

Judgement Date : 27 Oct 1988

Citation : 1988 Latest Caselaw 327 SC

Cantonments (House Accommodation) Act, 1923
Delegation of Powers
Delegation of Powers
General Clauses Act, 1897
Gwalior

Headnote :

In this set of cases, a key legal question for the Court\'s determination is whether the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, Act No. 13 of 1972, apply to cantonments located in the State of U.P. The High Court has responded affirmatively to...

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U.P. Hotels Vs. U.P. State Electricity Board [1988] INSC 332 (28 October 1988)

Judgement Date : 28 Oct 1988

Citation : 1988 Latest Caselaw 328 SC

Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

In December 1973, when the U.P. State Electricity Board took over the Agra Electric Supply Co., it informed U.P. Hotels that the Bulk Supply Agreement with the Agra Electric Supply Co. would remain effective until it was terminated according to its provisions. This agreement included terms regarding...

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N.M. Goel & Co. Vs. Sales Tax Officer, Rajnandgaon & ANR [1988] INSC 333 (28 October 1988)

Judgement Date : 28 Oct 1988

Citation : 1988 Latest Caselaw 329 SC

M.P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976

Headnote :

Section 3 of the M.P. Sthaniya Kshetra Me Mal Ke Prevesh Par Kar Adhiniyam 1976 stipulates the imposition of entry tax on goods listed in Schedule II when they are brought in for consumption, use, or sale, and on goods in Schedule III when they are brought in for consumption or for executing work co...

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Kaliyappan Vs. State of Kerala & Ors [1988] INSC 334 (28 October 1988)

Judgement Date : 28 Oct 1988

Citation : 1988 Latest Caselaw 330 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Kerala State Government, after completing initial procedures, issued a declaration on January 18, 1984, regarding the acquisition of the petitioner\'s land for a public purpose. On September 24, 1984, the Land Acquisition (Amendment) Act, 1984 was enacted, which introduced section 11-A into the...

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Delhi Water Supply And Sewage Disposalcommittee & Ors Vs. R.K. Kashyap And Or8 [1988] INSC 335 (28 October 1988)

Judgement Date : 28 Oct 1988

Citation : 1988 Latest Caselaw 331 SC

Headnote :

Section 92 of the Delhi Municipal Corporation Act grants the appellant-Undertaking the authority to appoint individuals to category \'A\' positions after consulting with the I.P.S.C. However, this consultation is not necessary if the appointment is for a duration of one year or less. In the absence...

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S. S. Karmalkar & Ors Vs. Ibrahim Husseni Tamboli & Ors [1988] INSC 336 (31 October 1988)

Judgement Date : 31 Oct 1988

Citation : 1988 Latest Caselaw 332 SC

Constitution of India

Headnote :

In January 1981, the appellants were promoted to the position of Awal Karkuns in the Department of Food and Civil Supplies in Sholapur. Concurrently, the private respondents, who were occupying those positions, were ordered to return to their original department, the Revenue Department. The private...

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Karam Chand Vs. Haryana State Electricity Board & Ors [1988] INSC 337 (31 October 1988)

Judgement Date : 31 Oct 1988

Citation : 1988 Latest Caselaw 333 SC

Constitution of India
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

The appellant, a member of the Scheduled Castes community, began his career as a clerk in the Electricity Branch of the Punjab Public Works Department on February 20, 1954. In February 1959, the Punjab State Electricity Board was established, and employees from the Electricity Branch were transferre...

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Smt. Saiyada Mossarrat Vs. Hindustan Steel Ltd & Ors [1988] INSC 338 (31 October 1988)

Judgement Date : 31 Oct 1988

Citation : 1988 Latest Caselaw 334 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Public Premises (Eviction of Unauthorised Occupants) Act, 1971

Headnote :

The petitioner was granted a piece of land on a license by the respondent company. This license was revoked due to allegations that the petitioner had unlawfully encroached on additional land and had constructed a structure on the licensed land. Consequently, proceedings were initiated against the p...

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