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 interest of the first respondent, initially leased the disputed land to the appellant on September 26, 1946, for a duration of 10 years. The lease included provisions allowing the lessee/appellant to extend the lease for two additional periods of 5 ye...

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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 under an order issued in accordance with Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, aimed at preventing him from engaging in activities detrimental to the enhancement of the country\'s foreign exchange resources....

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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 part of the Andhra Pradesh Engineering Subordinate Service, serving as Supervisors. This cadre includes both degree holders in Engineering and those with diplomas or licenses. The appellants hold diplomas. They have two main complaints: (1) they face discrimination in promotions,...

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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 announced the recruitment of 4 District Food and Supplies Officer positions through direct hiring, requiring \"five/three years\' experience as an executive officer\" as a key qualification. The appellant, who was serving as an Inspector/Sub-Inspector in the Foo...

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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 :

The respondent firm operated a Steel Rolling Mill located in Madras. This mill was leased to a partnership firm, M/s. Steel Industries. After the lease expired, the respondent regained possession of the mill on August 1, 1962, and notified the Central Excise Authorities, who advised the respondent t...

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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, who are Public Limited Companies, were issued licenses under the Indian Electricity Act, 1910 to supply electricity within the designated licensed areas of the Tinsukhia and Dibrugarh Municipal Boards.The Dibrugarh Company received its license in 1928 under specific terms and condit...

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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, with the approval of the State Government, assumed the license originally granted to a private entity under the Indian Electricity Act of 1910 for the supply and distribution of electricity in the licensed areas, thereby gaining the rights and privileges associated with that...

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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 :

The accused individuals numbered 1 to 6 formed an unlawful assembly with the shared intent to kill Baharan Mian. They arrived at his residence armed with lethal weapons. Anticipating danger, Baharan Mian attempted to retreat inside to arm himself, but his wife stopped him from exiting again. At that...

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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, namely Veilore Electric Corporation Ltd., Kumbakonam Electric Supply Corporation Ltd., and Nagapatam Electric Supply Corporation Ltd., were granted licenses under the Indian Electricity Act, 1910 by the Government of the former Presidency of Madras to supply electrical ener...

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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 asserted ownership of the disputed evacuee property, sold it to respondents 2 and 3 in 1970. In 1973, the Custodian of Evacuee Property ruled that the sale was invalid, as the property actually belonged to Shah Mahmood, who had migrated to Pakistan in 1947, thus classifying it...

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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 served as a Deputy Registrar at the appellant University and took on the responsibilities of the Controller of Examinations during the latter\'s leave. A complaint was lodged against the respondent, alleging that he had delayed payments to an external party responsible for printing th...

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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 that was entirely funded by the respondent Administration was taken over, and the affected staff were integrated into its services according to their pay scale. The petitioners, who were part of this staff, did not receive pension benefits upon their retirement. Consequently, they fil...

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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 :

In 1974, proceedings were initiated under the Orissa Land Reforms Act, 1960 to declare the appellants\' surplus land. The appellants objected, arguing that due to a family partition in 1965, the ancestral land that belonged to them should not be combined with their father\'s land.This argument was r...

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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, the accused, married Veena Rani, the deceased, in 1973. At that time, Veena Rani was working at the State Bank of Patiala. Shortly after their marriage, the accused resigned from his position as a Prosecuting Sub-inspector and began practicing law in Sangrur, where Veena Rani transferred...

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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 serve as its trustees. The Trust operated a science college in Ahmedabad, which initially held temporary affiliation with Gujarat University. From June 15, 1973, the college received permanent affiliation.A conflict arose between the Univer...

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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 :

In 1884, a declaratory decree granted Darbar Harsurvala the hereditary right to collect grass, firewood, timber, and other resources from the Gir Forest in the former state of Junagarh. This right was passed down to his son, Jiva Vala. Subsequently, an agreement on August 10, 1914, stipulated that t...

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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 granted the Central Government the authority to extend any existing State law to the Union Territory of Chandigarh, with any modifications or restrictions it deemed appropriate, as of the notification date. Section 89 allowed the appropriate Governme...

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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, following the ruling in Nidamarti Maheshkumar v. State of Maharashtra & Ors., [1986] 2 SCC 534, established a policy for MBBS course admissions that allocates 15 percent of seats under the All India Quota and under Article 15 of the Constitution. The remaining seats are reserved...

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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, which manufactures superfine cement, filed a claim for a refund of duty on the cost of packing materials for the period from July 4, 1974, to March 1, 1974, arguing that duty on packing charges for superfine cement should not be imposed. However, this claim was denied by the A...

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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 a partner in a firm alongside five others, including his wife, mother, grandfather, brother, and an unrelated individual. His wife had invested Rs. 51,000 as capital in the firm, which she received from two gifts given to her by the assessee. During the assessment proceed...

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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 engaged in the purchase and sale of tobacco, both directly and on a commission basis, made its purchases through Indian agents. These agents submitted income tax returns 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 section 7(2)(a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 prohibits the payment of any amount exceeding one month\'s rent as an advance. Clause (b) states that any such amount must be refundable or, at the tenant\'s option, adjustable. Subsection (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, provided ginning and pressing services for raw cotton sourced from its members and marketed the finished products on their behalf.The society charged its members fees for ginning and pressing, as well as a commission for selling the finished products. For the as...

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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 Board of Trustees of the Port of Bombay, as a statutory authority, is exempt from the provisions of the Bombay Rents, Hotel & Lodging House Rates (Control) Act, 1947. The appellant has been leasing a portion of the original plot No. 4 (now plot 5B) from the respondent since approximately 1932, w...

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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 landlord, who is the respondent, submitted a petition to evict the tenant, who is the appellant, from the premises in question under section 14(1)(h) of the Delhi Rent Control Act, 1958. The basis for this petition was that the appellant had taken vacant possession of her own house on November 2...

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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 tenant fell behind on rent payments for two consecutive months, with rent due in advance. After receiving a demand notice, he sent a bank draft claiming to cover the first month\'s rent within seven days, followed by another draft for the same amount within a month. The landlady did not cash or...

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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 filed a lawsuit against the husband of the respondent to recover a significant loan amount. The defendant contested the case, and issues were framed while evidence was being collected. However, he passed away before the next hearing scheduled for November 4, 1970, and his lawyer i...

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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, approached Tara Engineering & Locomotive Co. Ltd. (TELCO) with a demand for all convoy drivers to be granted permanent status and the same benefits as permanent employees of TELCO. However, the Deputy Labour Commissioner declined to make a reference...

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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 operated a glass factory along with other businesses. Due to the glass factory incurring losses for several years, leading to mounting debts, the assessee secured loans from the State Government and mortgaged its land, buildings, and machinery. Subsequently, the assessee execute...

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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 appellants, a partnership firm engaged in manufacturing in Madras, entered into a contract with a Calcutta-based company to sell their products through the company\'s sales network across all Indian states. In this contract, the appellants were designated as the \'manufacturer\' and the company...

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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 South Eastern Railway, a registered dealer under the Bengal Finance (Sales Tax) Act of 1941, sought to cancel its registration as a \"dealer\" after selling unclaimed and unconnected goods for monetary compensation under Section 56 of the Indian Railways Act of 1890. The Commercial Tax Officer d...

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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 taxpayer, a manufacturer of strawboard, sought reduced income tax rates, a higher development rebate under section 33, and a deduction under section 80-E of the Income Tax Act, 1961 for the assessment years 1965-66, 1966-67, and 1967-68, arguing that strawboard manufacturing was a priority indus...

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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, along with his mother, brothers, and sisters, inherited the tenancy of the leased premises from their father. A notice was issued to him under section 106 of the Transfer of Property Act, terminating the tenancy, which was subsequently followed by a lawsuit for eviction against him.T...

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