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Chief Engineer and Secretary, Engineering Department Vs. K.S. Brar & ANR [1988] INSC 261 (1 September 1988)

Judgement Date : 01 Sep 1988

Citation : 1988 Latest Caselaw 258 SC

Headnote :

The appellant in Civil Appeal No. 3100 of 1988 (hereafter referred to as respondent No. 4 in the Tribunal) served as an Assistant Engineer in the Punjab Public Works Department. He was assigned to the Engineering Department of Chandigarh Administration on October 7, 1972, and was officially absorbed...
Commisoner of Income Tax, Bombay Vs. Ital India Cotton Co. (P) Ltd. [1988] INSC 262 (5 September 1988)

Judgement Date : 05 Sep 1988

Citation : 1988 Latest Caselaw 259 SC

Headnote :

The respondent-assessee, which experienced a loss during the assessment year 1960-61 and later had a change in its shareholding, sought to offset this loss in its assessment for the year 1963-64. However, the Income-tax Officer rejected this claim, citing that Section 79 of the Income-tax Act, 1961...
P.Ganeshwar Rao & Co Vs. State of Andhra Pradesh & Ors [1988] INSC 263 (5 September 1988)

Judgement Date : 05 Sep 1988

Citation : 1988 Latest Caselaw 260 SC

Headnote :

The Public Service Commission has called for applications to fill 51 Assistant Engineer positions in the Andhra Pradesh Panchayat Raj Engineering Service through direct recruitment. This number of vacancies was determined according to the Andhra Pradesh Panchayat Raj Engineering Service (Special) Ru...
Kusheshwar Dubey Vs. Bharat Coking Coal Ltd. & Ors [1988] INSC 264 (6 September 1988)

Judgement Date : 06 Sep 1988

Citation : 1988 Latest Caselaw 261 SC

Headnote :

The appellant, who is an employee of Respondent No. 1, faced both disciplinary proceedings and criminal prosecution simultaneously due to allegations of physically assaulting a supervising officer. He initiated a civil lawsuit in the trial court seeking an injunction against the disciplinary action...
State of Maharashtra & ANR Vs. Smt. Sushila Mafatlal Shah & Ors [1988] INSC 265 (7 September 1988)

Judgement Date : 07 Sep 1988

Citation : 1988 Latest Caselaw 262 SC

Headnote :

The detainee, D.N. Shah, was apprehended on October 23, 1986, while transporting ten gold biscuits of foreign origin. On February 2, 1987, D.N. Capoor, an Officer on Special Duty and ex-officio Secretary to the Government of Maharashtra, exercised the powers granted to him by the Government of Mahar...
K. Krishna Reddy & Ors Vs. Special Dy. Collector, Land Acquisition Karimna [1988] INSC 266 (8 September 1988)

Judgement Date : 08 Sep 1988

Citation : 1988 Latest Caselaw 263 SC

Headnote :

The Land Acquisition Officer initially awarded the appellants compensation between Rs. 1,320 and Rs. 4,000 per acre, based on the type of land acquired in 1977. The District Judge later increased the compensation to Rs. 85,000 per acre, citing that similar lands in Karimnagar had received Rs. 85,000...
U.P.Bhoodan Yagna Samiti,U.P. Vs. Braj Kishore & Ors [1988] INSC 267 (9 September 1988)

Judgement Date : 09 Sep 1988

Citation : 1988 Latest Caselaw 264 SC

Headnote :

In 1968, the Respondents received a grant from the Bhoodan Yagna Samiti under section 14 of the U.P. Bhoodan Yagna Act for several plots of land located in a village in Kanpur. Following a report from the Tehsildar in 1972, the Additional Collector issued notices to the respondents under the Act, as...
Calcutta Youth Front & ANR Vs. State of West Bengal & Ors [1988] INSC 268 (12 September 1988)

Judgement Date : 12 Sep 1988

Citation : 1988 Latest Caselaw 265 SC

Headnote :

The applicants submitted a contempt petition under the Contempt of Courts Act against the respondents, which included several senior officials of the Calcutta Municipal Corporation and the lessees, respondents Nos. 13 and 14, who were awarded a construction contract. They claimed that these parties...
Jiyajeerao Cotton Mills Limited & ANR Vs. Madhya Pradesh Electricity Board & Ors [1988] INSC 269 (12 September 1988)

Judgement Date : 12 Sep 1988

Citation : 1988 Latest Caselaw 266 SC

Headnote :

In October 1971, the appellant company entered into a contract with the Madhya Pradesh Electricity Board, respondent No. 1, for the supply of electricity, with the amount of electricity to be supplied varying over time.To address the challenges posed by inadequate electricity generation, the State o...
Municipal Corporation of Delhi Vs. Gurnam Kaur [1988] INSC 271 (12 September 1988)

Judgement Date : 12 Sep 1988

Citation : 1988 Latest Caselaw 268 SC

Headnote :

Some individuals were conducting their business by setting up stalls or kiosks on the pavement in front of a hospital in Delhi, claiming to operate under a Tehbazari license as per section 321 of the Delhi Municipal Corporation Act, 1957.The Delhi Municipal Corporation attempted to remove them by de...
Ram Narain Gupta Vs. Smt. Rameshwari Gupta [1988] INSC 272 (12 September 1988)

Judgement Date : 12 Sep 1988

Citation : 1988 Latest Caselaw 269 SC

Headnote :

The appellant and respondent were married in 1977. In 1983, the appellant initiated divorce proceedings, claiming that his wife was suffering from a severe mental disorder, specifically diagnosed as \'Schizophrenia\', which made her unsociable. He argued that despite receiving professional treatment...
Sirsilk Ltd. & ANR Vs. Textiles Committee & Ors [1988] INSC 273 (12 September 1988)

Judgement Date : 12 Sep 1988

Citation : 1988 Latest Caselaw 270 SC

Headnote :

Several textile mills involved in the production and sale of rayon yarn and staple fiber, which is a type of man-made fiber, approached the High Courts under Article 226 of the Constitution to contest the constitutional validity of the fee imposed on them by the Textile Committee, as per Rule 21 of...
State of West Bengal & ANR Vs. Laisalhaque & Ors [1988] INSC 274 (12 September 1988)

Judgement Date : 12 Sep 1988

Citation : 1988 Latest Caselaw 271 SC

Headnote :

The sixteen respondents were part of a violent mob consisting of 40 to 50 individuals armed with lethal weapons. Together with others, they entered the complainant\'s oil mill, where respondent No. 1, Laisal Haque, fired his pipe gun at Gulam Rabbani, leading to his death. They also attacked other i...
Bharat Singh & Ors Vs. State of Haryana & Ors [1988] INSC 275 (13 September 1988)

Judgement Date : 13 Sep 1988

Citation : 1988 Latest Caselaw 272 SC

Headnote :

The State of Haryana, through the Haryana Urban Development Authority (HUDA), acquired certain land under the Land Acquisition Act for the development and use of that land for industrial purposes in Gurgaon, as per the Haryana Urban Development Authority Act, 1977. The appellants filed writ petition...
Calcutta Port Sharmik Union Vs. Calcutta River Transport Association & Ors [1988] INSC 276 (13 September 1988)

Judgement Date : 13 Sep 1988

Citation : 1988 Latest Caselaw 273 SC

Headnote :

On November 13, 1964, the Government of India established a Wage Board for port and dock workers at major ports to (1) identify the categories of employees eligible for wage fixation and (2) develop a wage structure for these employees based on government guidelines. The Wage Board submitted its fin...
State Bank of Bikaner & Jaipur & Ors Vs. Jag Mohan Lal [1988] INSC 277 (13 September 1988)

Judgement Date : 13 Sep 1988

Citation : 1988 Latest Caselaw 274 SC

Headnote :

Regulation 19(1) of the State Bank of Bikaner & Jaipur (Officers\') Service Regulations 1979 mandates that officers must retire from the Bank upon reaching the age of fifty-eight or after completing thirty years of service, whichever comes first. An additional note under this regulation indicates th...
Mahalakshmi Oil Mills Vs. State of Andhra Pradesh & Ors [1988] INSC 278 (14 September 1988)

Judgement Date : 14 Sep 1988

Citation : 1988 Latest Caselaw 275 SC

Headnote :

The appellant-assessee argued before the Andhra Pradesh High Court that tobacco seed oil and tobacco seed cake, as derivatives of tobacco, should be exempt from sales tax under section 8, in conjunction with entry 7 of the Fourth Schedule of the Andhra Pradesh General Sales Tax Act, 1957, which prov...
Shiv Kumar Vs. Jawahar Lal Verma & Ors [1988] INSC 279 (14 September 1988)

Judgement Date : 14 Sep 1988

Citation : 1988 Latest Caselaw 276 SC

Headnote :

On June 11, 1973, the Appellant-landlord filed an eviction suit based on unpaid rent, following the enactment of the U.P. Urban Building (Regulation of Letting, Rent and Eviction Act, 1972). The landlord argued in the complaint that the Act did not apply to the leased premises, a shop constructed in...
Jagannath Ramchandra Nunekar Vs. Genu Govind Kadam & Ors [1988] INSC 280 (14 September 1988)

Judgement Date : 14 Sep 1988

Citation : 1988 Latest Caselaw 277 SC

Headnote :

The appellant, an elector in the Shivaji Nagar Assembly Constituency in Pune, aimed to contest the bye-election for a seat in the Maharashtra Legislative Assembly from the Jaoli Assembly Constituency in Satara district. He requested a certified copy of the electoral roll entry containing his name fr...
Narne Tulaman Manufactures Pvt. Ltd. Hyderabad Vs. Collector of Central Excise, Hyderabad [1988] INSC 281 (15 September 1988)

Judgement Date : 15 Sep 1988

Citation : 1988 Latest Caselaw 278 SC

Headnote :

The appellant produced one of the three components, specifically the indicating system, necessary for the assembly of weighbridges. After obtaining the other two components, they brought all three parts to the site, where they fitted and assembled them to create a new weighbridge.The appellant conte...
Collector of Central Excise, Kanpur Vs. Krishna Carbon Paper Co [1988] INSC 282 (16 September 1988)

Judgement Date : 16 Sep 1988

Citation : 1988 Latest Caselaw 279 SC

Headnote :

The respondent company was involved in the production of carbon paper and received a notice demanding central excise duty for carbon papers that were cleared from its factory between March 25, 1979, and September 24, 1979, under section 11-B of the Central Excises and Salt Act, 1944. In its response...
Jayanti Kumar Sinha Vs. Union of India & Ors [1988] INSC 283 (16 September 1988)

Judgement Date : 16 Sep 1988

Citation : 1988 Latest Caselaw 280 SC

Headnote :

The appellant, a scientist at the Defence Electronics Research Laboratory, was compelled to retire from service by an order dated November 28, 1988, under Article 459(h) of the Civil Services Regulations. He contested this retirement order before the Central Administrative Tribunal, arguing that he...
Navnit R. Kamani & Ors Vs. R.R. Kamani [1988] INSC 284 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 281 SC

Headnote :

A conflict among various branches of an industrialist family led to the current special leave petition.This Court, aiming to swiftly resolve the disagreement between the parties and considering the welfare of the workers at Kamani Tubes Ltd. (KTL), encouraged a retired Supreme Court Judge to mediate...
State of Kerala & Ors Vs. K.G. Madhavan Pillai & Ors [1988] INSC 285 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 282 SC

Headnote :

The respondents operate Private Schools. Following the State of Kerala\'s publication in the Gazette of a final list of areas designated for the establishment of new unaided recognized high schools, upper primary schools, and lower primary schools, as well as the upgrading of existing unaided lower...
A.V.R. & Co. & Ors Vs. Fairfield Cooperative Housing Societyltd. & Ors [1988] INSC 286 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 283 SC

Headnote :

Respondent No. 2, a member of the Fairfield Co-operative Housing Society, which is a Tenant Co-partnership Housing Society, allowed appellant No. 1 to occupy a flat that was not allocated to respondent No. 2 as a member of the society. This was done without the society\'s consent and violated the so...
Bharat General & Textile Industries Ltd. & Ors Vs. State of Maharashtra & Ors [1988] INSC 287 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 284 SC

Headnote :

The Government of Maharashtra, exercising its authority under section 41 of the Bombay Sales Tax Act, issued notifications that allowed new industries established in backward areas for the production of both edible and non-edible oils to benefit from exemptions on purchase tax and sales tax. However...
Smt. Krishna Rajpal Bhatia & Ors Vs. Miss Leela H. Advani & Ors [1988] INSC 288 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 285 SC

Headnote :

On January 1, 1964, the disputant, a tenant co-partner member of a Cooperative Housing Society, allowed the father of the appellants to use her flat. Following a joint application from both parties, the Society granted permission for him to occupy the flat under a leave and license agreement. Later,...
Hindustan Petroleum Corporation Ltd. & ANR Vs. Shyam Co Operative Housing Society & Ors [1988] INSC 289 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 286 SC

Headnote :

Esso Eastern Inc., a company organized under U.S. law, was involved in the distribution and marketing of petroleum products produced by Esso Standard Refining Co. of India Ltd. and Lube India Ltd., and had established business locations in India. To provide housing for its employees, the company lea...
Dr. M.C. Bindal Vs. R . C . Singh & Ors [1988] INSC 290 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 287 SC

Headnote :

The U.P. Public Service Commission published an advertisement in several newspapers calling for applications for the position of Food & Drug Controller, U.P. The advertisement outlined the necessary qualifications for the role, which included: (1) a degree from a recognized University in Medicine, S...
Sardar Mohan Singh Ahluwalia Vs. Maitrai Park Co. Op. Housing Society Ltd.& ANR [1988] INSC 291 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 288 SC

Headnote :

Smt. Mohini R. Adwani, a member of the Maitrai Co-operative Housing Society Ltd., was assigned flat No. 15 in the \'F\' building of Scheme No. I located in Chambur, Bombay-71.She allowed the appellant to occupy the aforementioned premises without first obtaining the society\'s written consent, based...
Hindustan Thompson Associates Ltd. Vs. Mrs. Maya Inderson Israni & Ors [1988] INSC 292 (19 September 1988)

Judgement Date : 19 Sep 1988

Citation : 1988 Latest Caselaw 289 SC

Headnote :

Respondent No. 2, a Co-operative Society, allocated a flat to Respondent No. 1. Respondent No. 2 sought to recover possession of the flat, claiming that the appellant was allowed to occupy it without the Society\'s written consent. The appellant argued that it was in possession of the flat based on...
Sube Singh & Ors Vs. State of Haryana & Ors [1988] INSC 293 (21 September 1988)

Judgement Date : 21 Sep 1988

Citation : 1988 Latest Caselaw 290 SC

Headnote :

The petitioners, who have been found guilty of an offense punishable under section 302 of the Indian Penal Code and sentenced to life imprisonment, assert that they are entitled to the benefits provided under section 5 of the Act.
P.M. Ashwathanarayana Setty & Ors Vs. State of Karnataka & Ors [1988] INSC 294 (22 September 1988)

Judgement Date : 22 Sep 1988

Citation : 1988 Latest Caselaw 291 SC

Headnote :

The three sets of special leave petitions, appeals, and writ petitions address the policy and legality surrounding the imposition of court fees as outlined in the Karnataka Court Fees and Suits Valuation Act of 1958, the Rajasthan Court Fees and Suits Valuation Act of 1961, and the Bombay Court Fees...
Union of India & Ors Vs. Somasundram Viswanath & Ors [1988] INSC 295 (22 September 1988)

Judgement Date : 22 Sep 1988

Citation : 1988 Latest Caselaw 292 SC

Headnote :

Somasundram Viswanath, the first respondent in this case, was employed as an officer in the Defence Accounts Service.Promotions to Level I and Level II of the Senior Administrative Grade within this Service were regulated by the Indian Defence Accounts Service (Recruitment) Rules, 195X (as amended p...
Reliance Petrochemicals Ltd. Vs. Proprietors of Indian Express Newspapers, Bombay Pvt. Ltd. & [1988] INSC 297 (23 September 1988)

Judgement Date : 23 Sep 1988

Citation : 1988 Latest Caselaw 293 SC

Headnote :

The petitioner company had proposed secured convertible debentures for public subscription after receiving approval from the Controller of Capital Issues. However, prior to the opening of the public issue, several writ petitions were filed in various High Courts contesting the consent or approval fo...
K. Achuta Bhat Vs. Veeramanani Manga Devi [1988] INSC 298 (23 September 1988)

Judgement Date : 23 Sep 1988

Citation : 1988 Latest Caselaw 294 SC

Headnote :

The appellant leased the premises in 1953 for the purpose of operating a hotel. In August 1969, the second respondent began managing the hotel. Subsequently, the landlady, the first respondent, terminated the tenancy, believing that the appellant had either transferred his lease rights or sublet the...
Dhirendra Kumar Garg & Ors Vs. Smt. Sugandhi Bai Jain & Ors [1988] INSC 299 (23 September 1988)

Judgement Date : 23 Sep 1988

Citation : 1988 Latest Caselaw 295 SC

Headnote :

The husband of respondent No. 1 initiated eviction proceedings against the appellants, who were tenants. The court ruled in his favor, granting a decree for eviction along with a monetary judgment for unpaid rent and damages. After the appeal was filed, the plaintiff passed away, and his legal heirs...
Madhu Gopal Vs. Vi Additional District Judge & Ors [1988] INSC 300 (26 September 1988)

Judgement Date : 26 Sep 1988

Citation : 1988 Latest Caselaw 296 SC

Headnote :

The petitioner in the Special Leave Petition is the tenant, while Respondent No. 3 was one of the five co-owners of the premises in question.On January 28, 1978, one of the co-owners, who had exclusive possession of the shop, vacated it and notified the Rent Controller in accordance with the U.P. Ur...
Jugal Kishore Vs. State of Maharashtra & Ors [1988] INSC 301 (26 September 1988)

Judgement Date : 26 Sep 1988

Citation : 1988 Latest Caselaw 297 SC

Headnote :

In the proceedings concerning land ceiling under the Maharashtra Agricultural Land (Ceiling on Holdings) Act of 1961, the petitioner claimed that his family\'s land holdings did not include any surplus land, as certain parcels had been leased to various tenants and transferred to them under the Bomb...
Roop Chand Adlakha & Ors Vs. Delhi Development Authority & Ors [1988] INSC 302 (26 September 1988)

Judgement Date : 26 Sep 1988

Citation : 1988 Latest Caselaw 298 SC

Headnote :

The Central Public Works Department (CPWD) rules, which have been adopted by the Delhi Development Authority (DDA), specify that 50% of the Assistant Engineer positions in the DDA are to be filled through promotions from the Junior Engineer cadre. This cadre includes both Engineering Graduates and D...
Modula India Vs. Kamakshya Singh Deo [1988] INSC 303 (27 September 1988)

Judgement Date : 27 Sep 1988

Citation : 1988 Latest Caselaw 299 SC

Headnote :

The respondent filed a lawsuit in the High Court seeking a decree that would require the defendant (appellant) to vacate certain premises. The appellant, who is the tenant, submitted a written statement. While the lawsuit was ongoing, the court issued orders requiring the tenant to deposit specific...
Ikramuddin Ahmed Borah Vs. Superintendent of Police, Darrang & Ors [1988] INSC 304 (27 September 1988)

Judgement Date : 27 Sep 1988

Citation : 1988 Latest Caselaw 300 SC

Headnote :

The appellant, who served as a Sub-Inspector of Police, was dismissed by the Superintendent of Police through an order dated January 29, 1973, utilizing the powers granted under clause (b) of the second proviso to Article 311(2) of the Constitution of India. Following this, the appellant filed an ap...
Ikramuddin Ahmed Borah Vs. Superintendent of Police, Darrang & Ors [1988] INSC 304 (27 September 1988)

Judgement Date : 27 Sep 1988

Citation : 1988 Latest Caselaw 301 SC

Headnote :

A petition concerning the Mental Hospital in Ranchi was treated as a public interest case under Article 32 of the Constitution, prompting the Court to request a counter affidavit from the State of Bihar. Concurrently, the Court instructed the Chief Judicial Magistrate to visit the hospital and repor...
State of U.P. & Ors Vs. J.P. Chaurasia & Ors [1988] INSC 306 (27 September 1988)

Judgement Date : 27 Sep 1988

Citation : 1988 Latest Caselaw 302 SC

Headnote :

Before 1955, the Bench Secretaries at the Allahabad High Court received a higher salary than the Section Officers. In 1965, the State Government established a Pay Rationalisation Committee to evaluate the roles and responsibilities of various positions and suggest modifications. The Committee propos...
Fasih Chaudhary Vs. Director General, Doordarshan & Ors [1988] INSC 307 (28 September 1988)

Judgement Date : 28 Sep 1988

Citation : 1988 Latest Caselaw 303 SC

Headnote :

Doordarshan sought proposals from producers and sponsors to create television serials centered on themes such as national integration, communal harmony, the fight against child labor, and gender equality. The deadline for submitting these projects was May 7, 1986, and it was mandatory for all propos...
An Advocate Vs. B.B. Haradara & Ors [1988] INSC 308 (29 September 1988)

Judgement Date : 29 Sep 1988

Citation : 1988 Latest Caselaw 304 SC

Headnote :

The appellant is an Advocate, and Gautam Chand was one of his former clients. The complainant, Respondent No. 1, engaged the appellant after being referred by Gautam Chand to file a lawsuit against Shri S. Anantaraju for the recovery of Rs. 30,098, along with court costs and interest, in the City Ci...
Member-Secretary, Andhra Pradesh State board for Prevention Vs. Andhra Pradesh Rayons Ltd. & Ors [1988] INSC 309 (30 September 1988)

Judgement Date : 30 Sep 1988

Citation : 1988 Latest Caselaw 305 SC

Headnote :

The respondent, Andhra Pradesh Rayons Ltd., which produces Rayon Grade Pulp—a fundamental material for creating synthetic or man-made fabrics—was assessed by the petitioner under the Water (Prevention and Control of Pollution) Cess Act, 1977. This Act mandates the imposition and collection of wa...
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