Caselaw | Supreme Court Judgements of april 1989

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Provash Chandra Dalui & ANR Vs. Biswanath Banerjee & ANR [1989] INSC 120 (3 April 1989)

Judgement Date : 03 Apr 1989

Citation : 1989 Latest Caselaw 120 SC

Headnote :

The second respondent, who is the predecessor in inter- est of the first respondent, had on. 26th September, 1946 leased out the land in dispute to the appellant at the first instance for a period Of 10 years. The lease however provid- ed to the lessee/appellants option of extension at enhanced rent...

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Aslam Ahmed Zahire Ahmed Shaik Vs. Union of India & Ors [1989] INSC 121 (4 April 1989)

Judgement Date : 04 Apr 1989

Citation : 1989 Latest Caselaw 121 SC

Constitution of India

Headnote :

The appellant was detained pursuant to an order of detention passed against him under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, with a view to prevent him from in- dulging in activities prejudicial to the augmentation of country's fore...

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V. Markendeya & Ors Vs. State of Andhra Pradesh [1989] INSC 122 (6 April 1989)

Judgement Date : 06 Apr 1989

Citation : 1989 Latest Caselaw 122 SC

Randhir Singh Vs. Union of India & Ors [1982] INSC 24 (22 February 1982)

Headnote :

The appellants are members of the Andhra Pradesh Engi- neering Subordinate Service as Supervisors. The cadre of supervisors includes degree holders in Engineering and diploma or licence holders. The appellants are diploma holder supervisors. Their two-fold grievance was: (1) dis- crimination in the...

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Mohinder Singh Vs. State of Haryana & Ors [1989] INSC 123 (7 April 1989)

Judgement Date : 07 Apr 1989

Citation : 1989 Latest Caselaw 123 SC

Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

Headnote :

The Haryana Public Service Commission advertised the filling-up of 4 posts of District Food and Supplies Officers by direct recruitment, and prescribed "five/three years' experience as an executive officer" as one of the essential qualifications. The appellant who was working as Inspec...

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Assistant Collector of Central Excise Vs. Ramakrishnan Kulwant Rai [1989] INSC 124 (12 April 1989)

Judgement Date : 12 Apr 1989

Citation : 1989 Latest Caselaw 124 SC

Headnote :

Respondent firm owned a Steel Rolling Mill situate at Madras. The said mill was leased out to a partnership firm viz., M/s. Steel Industries and after the expiry of the lease period, the Respondent took back the possession of the Mill on 1.8.1962 and informed the Central Excise Authori- ties, who ad...

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Tinsukhia Electric Supply Co. Ltd. Vs. State of Assam & Ors [1989] INSC 125 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 125 SC

Constitution of India
Gwalior
Indian Electricity (Assam Amendment) Act, 1973
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)

Headnote :

The petitioners--Public Limited Companies--were grant- ed licences under the provisions of the Indian Electricity Act, 1910 for supply of electricity within the respective licensed areas of Tinsukhia and Dibrugarh Municipal Boards. The Dihrugarh Company was granted licence in 1928 on certain term...

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Maharashtra State Electricity Board Vs. Thana Electric Supply Co. & Ors [1989] INSC 126 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 126 SC

Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The respondent-Company took over, with the consent of the State Government, the licence granted to a private firm under the Indian Electricity Act. 1910 for supply and dis- tribution of electricity in the areas covered by the li- cence, and became entitled to the benefits and privileges of the licen...

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Allauddin Mian & Ors Sharif Mian & ANR Vs. State of Bihar [1989] INSC 127 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 127 SC

Constitution of India
CrPC Section 354. Language and contents of judgment
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 302. Punishment for murder

Headnote :

Accused Nos. 1 to 6, constituting an unlawful assembly the common intention of which Was to kill Baharan Mian, came to his house armed with deadly weapons. Baharan Mian, appre- hending trouble, ran inside Co arm himself but his wife prevented him from coming out again. At that time, Baharan Mian'...

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Vellore Electric Corporation Ltd. & ANR Vs. State of Tamil Nadu & Ors [1989] INSC 128 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 128 SC

Constitution of India
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Tamil Nadu Private Electricity Supply Undertakings (Acquisition) Act, 1973

Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)

Headnote :

The petitioner companies viz., Veilore Electric Corporation Ltd., Kumbakonam Electric Supply Corporation Ltd. and Nagapatam Electric Supply Corporation Ltd. were grantee of licences under the Indian Electricity Act, 1910 by the Government of the then Presidency of Madras for supply of electrical-ene...

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State of Jammu & Kashmir & Ors Vs. Mahmood Ahmed & Ors [1989] INSC 129 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 129 SC

Headnote :

Respondent No. 1, who claimed to be the owner of the evacuee property in dispute, sold it to respondents 2 and 3 in 1970. In 1973, the Custodian, Evacuee Property, held that the sale was invalid since the property belonged to one Shah Mahmood, and after Shah Mahmood's migration to Pakistan durin...

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Marathwada University Vs. Seshrao Balwant Rao Chavan [1989] INSC 130 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 130 SC

Delegation of Powers
Delegation of Powers

Headnote :

The respondent was a Deputy Registrar of the appellant University. As the Controller of Examinations had proceeded on leave the respondent was discharging the duties of Controller of Examinations. A complaint alleging that the respondent had delayed the payment of the bills of an outstation party wh...

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Smt. Prem Devi & ANR Vs. Delhi Administration & Ors [1989] INSC 131 (17 April 1989)

Judgement Date : 17 Apr 1989

Citation : 1989 Latest Caselaw 131 SC

Constitution of India

Headnote :

An institution being fully funded by the respondent Administration was taken over and the affected stuff absorbed in its services in the time scale of pay. The petitioners who comprised the said staff were not given pensionary benefits upon retirement. They, therefore, filed these writ petitions....

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Dibyasingh Malana Vs. State of Orissa & Ors [1989] INSC 132 (19 April 1989)

Judgement Date : 19 Apr 1989

Citation : 1989 Latest Caselaw 132 SC

Motor Vehicles Act, 1939
Orissa Land Reforms Act, 1960
Representation of the People Act, 1951

Headnote :

Proceedings were initiated in 1974 under the Orissa Land Reforms Act, 1960 for declaration of surplus land of the appellants. The appellants filed objections asserting, inter alia, that in view of the partition in their families in the year 1965 the land in the ancestral properties which fell in the...

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Brij Lal Vs. Prem Chand & ANR [1989] INSC 133 (20 April 1989)

Judgement Date : 20 Apr 1989

Citation : 1989 Latest Caselaw 133 SC

Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
IPC Section 304B. Dowry death
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

Prem Chand, accused-respondent, had married Veena Rani, deceased, in the year 1973. Veena Rani was then employed in the State Bank of Patiala. Soon after their marriage the accused resigned his job as Prosecuting Sub-inspector and started his practice at Sangrut. Veena Rani got herself transferred t...

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Anandi Mukta Sadguru Shree Mukta Jeevandasswami Suvarna Jay Vs. V.R. Rudani & Ors [1989] INSC 134 (21 April 1989)

Judgement Date : 21 Apr 1989

Citation : 1989 Latest Caselaw 134 SC

Headnote :

Appellant No. 1 is a public trust and the other appellants are its trustees. The Trust was running a science college at Ahmedabad. The college initially had temporary affiliation to the Gujarat University. From June 15, 1973 onwards the college had permanent affiliation. A dispute between the Uni...

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State of Gujarat & ANR Vs. Kamlaben Jivabhai & Ors [1989] INSC 135 (21 April 1989)

Judgement Date : 21 Apr 1989

Citation : 1989 Latest Caselaw 135 SC

Bombay Reorganisation Act, 1960
Constitution of India
Gujarat Surviving Alienations Abolition Act, 1963
Gwalior

Headnote :

One Darbar Harsurvala by virtue of a declaratory decree made in 1884 had the hereditary right of collecting grass, firewood, timber etc. from Gir Forest in the erstwhile state of Junagarh. This right devolved on his son Jiva Vala. The State by an agreement dated 10th August 1914 agreed to pay Rs.3,5...

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Ramesh Birch & Ors Vs. Union of India & Ors [1989] INSC 136 (21 April 1989)

Judgement Date : 21 Apr 1989

Citation : 1989 Latest Caselaw 136 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Delegation of Powers
Delegation of Powers
Delhi Laws Act, 1912
East Punjab Urban Rent Restriction (Amendment) Act, 1985
East Punjab Urban Rent Restriction (extension To Chandigarh) Act, 1974
East Punjab Urban Rent Restriction Act, 1949
Gwalior
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966

Headnote :

Section 87 of the Punjab Reorganisation Act, 1966 empowered the Central Government to extend, with such restrictions and modifications as it thought fit, to the Union Territory of Chandigarh any enactment which was in force in a State at the date of the notification. Section 89 provided for adaptati...

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State of Maharashtra Vs. Mino0 Noazer Kavarana & Ors [1989] INSC 137 (24 April 1989)

Judgement Date : 24 Apr 1989

Citation : 1989 Latest Caselaw 137 SC

Constitution of India
Gwalior

Headnote :

The appellant-State by virtue of the judgment in Nidamarti Maheshkumar v. State of Maharashtra & Ors., [1986] 2 SCC 534, after providing 15 per cent of seats under the All India Quota and under Article 15 of the Constitution for admission to MBBS course, laid down the policy of reservation of th...

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India Cements Ltd. Vs. Collector of Central Excise [1989] INSC 138 (25 April 1989)

Judgement Date : 25 Apr 1989

Citation : 1989 Latest Caselaw 138 SC

Headnote :

The appellant-Company, a manufacturer of superfine cement, preferred a claim for refund of duty on price of packing material of the product, paid by it during July 4, 1974 to March 1, 1974, on the ground that duty on packing charges on superfine cement was not leviable. But the claim was rejected by...

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Commissioner of Income Tax, Calcutta Vs. Prahaladrai Agarwala [1989] INSC 139 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 139 SC

Income Tax Act, 1961

Headnote :

The respondent-assessee was one of the partners In a firm in which the five other partners were his wife, mother, grand-father, brother, and a stranger. His wife had contributed Rs.51,000 as capital in the firm, which amount came out of two gifts made to her by the assessee. in the course of assessm...

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Claggett Brachi Co.Ltd., London Vs. Commissioner of Income-Tax, A.P [1989] INSC 140 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 140 SC

Income Tax Act, 1961

Headnote :

The appellant-assessee, a non-resident sterling company, carrying on business of purchase and sale of tobacco, on its own and for commission, effected purchases through its Indian agents. The agents filed returns of income on behalf of the assessee for the assessment years 1959-60 and 1960 61. Th...

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Modern Hotel, Gudur Represented Bym.N. Narayanan Vs. K. Radhakrishnaiah & Ors [1989] INSC 141 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 141 SC

Headnote :

The proviso to s. 7(2)(a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 prohibits payment of any sum exceeding one month's rent by way of advance, clause (b) thereto makes any such sum refundable or at the option of the tenant otherwise adjustable, and sub-s. (3...

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Broach Distt. Co-Operative Cotton Salesginning & Pressing S Vs. Commissioner of Income Tax, Ahmedabad [1989] INSC 142 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 142 SC

Income Tax Act, 1961

Headnote :

The assessee, a co-operative society, was rendering the service of ginning and pressing raw cotton received from its members and marketing the finished product on their behalf. The assessee charged the members a certain amount by way of ginning and pressing charges and further charged commission...

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Dwarkadas Marfatia & Sons Vs. Board of Trustees of The Port of Bombay [1989] INSC 143 (27 April 1989)

Judgement Date : 27 Apr 1989

Citation : 1989 Latest Caselaw 143 SC

Headnote :

The respondent Board of Trustees of the Port of Bombay is a statutory authority, and as such has been exempted from the operation of the Bombay Rents, Hotel & Lodging House Rates (Control) Act, 1947. The appellant has been the lessee of the respondent since about 1932 in respect of part of the o...

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Smt. Mohini Badhwar Vs. Raghunandan Saran Ashok Saran [1989] INSC 144 (27 April 1989)

Judgement Date : 27 Apr 1989

Citation : 1989 Latest Caselaw 144 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The respondent-landlord filed a petition for eviction of the appellant-tenant from the suit premises under s. 14(1)(h) of the Delhi Rent Control Act, 1958 on the ground that the appellant had acquired vacant possession of her house on November 20, 1973, after the suit premises had been let out to...

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Smt. Prakash Mehra Vs. K.L. Malhotra [1989] INSC 145 (27 April 1989)

Judgement Date : 27 Apr 1989

Citation : 1989 Latest Caselaw 145 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The respondent-tenant fell into arrears of rent for two months consecutively. The rent was payable in advance. He was served with a notice of demand, within seven days of which he sent a bank draft purporting to be the rent for the first month, and within a month another bank draft for the like amou...

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Custodian of Branches of Banco Nationalultramarino. Vs. Nalini Bai Naique [1989] INSC 146 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 146 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant bank instituted a suit against respondent's husband for recovery of a large amount advanced as loan. The defendant contested the suit. issues were flamed and evidence was being recorded. He, however, died before the next hearing on 4th November, 1970 when the court was informed by...

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Telco Convoy Drivers Mazdoor Sangh & ANR Vs. State of Bihar & Ors [1989] INSC 147 (28 April 1989)

Judgement Date : 28 Feb 1989

Citation : 1989 Latest Caselaw 147 SC

Industrial Disputes Act, 1947

Headnote :

The appellant-Telco Convoy Drivers Mazdoor Sangh, represented to the Tara Engineering & Locomotive Co. Ltd. (TELCO) demanding that all convoy drivers should be given permanent status and facilities that are available to the permanent employees of TELCO. The Deputy Labour Commissioner refused to...

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Vibhuti Glass Works Vs. Commissioner of Income Tax, Lucknow [1989] INSC 148 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 148 SC

Headnote :

The assessee Company had a glass factory besides other business. Since the glass factory business had been suffer- ing losses for several years, resulting in increasing debt, the assessee took loans from the State Government and mort- gaged the land, buildings and machinery. Later, under a deed exec...

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Snow White Industrial Corporation, Madras Vs. Collector of Central Excise, Madras [1989] INSC 149 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 149 SC

Andhra Pradesh General Sales Tax Act, 1957
Section 182. Agent and principal defined

Headnote :

The assessee-appellants, a partnership firm carrying on manufacturing business in Madras entered into an agreement with a company based in Calcutta for sale of their product through the latter's sales organisation in all the States of India. In the said agreement the assessee was referred to as...

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Member Board of Revenue, West Bengal Vs. Controller of Stores Eastern Railway Calcutta, [1989] INSC 150 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 150 SC

Headnote :

The assessee South Eastern Railway, a registered dealer under the Bengal Finance (Sales Tax) Act, 1941, disposing of unclaimed and unconnected goods for money consideration under Section 56 of the Indian Railways Act, 1890, applied to the Commercial Tax Officer for cancellation of registration as a...

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Commissioner of Income Tax, Amritsar Vs. Straw Board Manufacturing Co. Ltd. [1989] INSC 151 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 151 SC

Income Tax Act, 1961
Industries (Development and Regulation) Act, 1951

Headnote :

The assessee, manufacturer of strawboard, claimed concessional rates of income tax, development rebate at higher rate under s. 33 and deduction under s. 80-E of the Income Tax Act, 1961, for the assessment years 1965-66, 1966-67 and 1967-68, on the ground that the manufacture of strawboard was a pri...

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H.C. Pandey Vs. G.C. Paul [1989] INSC 152 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 152 SC

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

Headnote :

The respondent inherited tenancy of the demised premises along with his mother, brothers and sisters from their father. A notice under s. 106 of the Transfer of Property Act terminating the tenancy was served on him. It was followed by a suit for ejectment against him. Upholding the validity of t...

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