Caselaw | Supreme Court Judgements of august 1989

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Harbans Lal & Ors Vs. State of Himachal Pradesh & Ors [1989] NSC 216 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 216 SC

Constitution of India

Headnote :

The petitioners employed as daily rated carpenters at the Wood Working Centre of the Himachal Pradesh State Handicrafts Corporation sought enforcement of their fundamental right to have "equal pay for equal work" in terms paid to their counterparts in regular services, or in the alternativ...

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Jagdish Parsad Sinha & Ors Vs. Bhagwat Prasad & Ors [1989] NSC 217 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 217 SC

Headnote :

On 20th February, 1975, the State Government published a joint seniority list of teachers of subordinate Education Service belonging to the Boys branch, and the Higher Secondary Teachers of the Subordinate Educational Service. This joint gradation list was challenged before the High Court, but the w...

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Prakash Roadlines (Pvt.) Ltd. Vs. Union of India & ANR [1989] NSC 218 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 218 SC

Delegation of Powers
Delegation of Powers
Delhi Municipal Corporation Act, 1957

Headnote :

The appellant, a transporter, brought some goods to Delhi without paying terminal tax. Under Section 464 of the Delhi Municipal Corporation Act, 1957, a penalty of ten times the amount of terminal tax was demanded from the appellant. The demand was challenged before the High Court by way of a Writ P...

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Jitendra Nath Biswas Vs. Empire of India & Ceylone Tea Co. & ANR [1989] NSC 219 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 219 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant-plaintiff, who was an employee of the respondent company, was dismissed from service on the bais of a domestic enquiry held against him in respect of certain charges of misconduct. Thereupon, he filed a civil suit before the Court of Munsiff and sought the relief of backwages and injun...

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Shantilal Rampuria & Ors Vs. Vega Trading Corporation & Ors [1989] NSC 220 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 220 SC

West Bengal Premises Tenancy Act, 1956

Shalimar Tar Products Ltd. Vs. H.C. Sharma & Ors [1987] INSC 330 (12 November 1987)

Headnote :

Section 13(1)(a) of the West Bengal Premises Tenancy Act, 1956 provides for recovery of possession where the tenant or any person residing in the premises let to the tenant without the previous consent in writing of the land- lord transfers, assigns or subsets in whole or in part the premises held b...

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Capt. B.V.D Souza Vs. Antonio Fausto Fernandes [1989] NSC 221 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 221 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent-landlord inducted the appellant into the suit premises pursuant to an agreement. The agreement was described as agreement of leave and licence, the parties as licensor and licensee and the rent as compensation for use and occupation, and it was provided that the appellant (i) shall pa...

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Dattatrya Shankarbhat Ambalgi & Ors Vs. State of Maharashtra & Ors [1989] NSC 222 (1 August 1989)

Judgement Date : 01 Aug 1989

Citation : 1989 Latest Caselaw 222 SC

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

Headnote :

The State Government sanctioned development plan in respect of and situated in Sholapur under the Maharashtra Regional and Town planning Act, 1966. Though the sanction covered the land of petitioners also, some of their land was reserved for public purpose under the said Act. Thereafter, the Urba...

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State of Rajasthan & ANR Vs. Shantilal [1989] NSC 223 (2 August 1989)

Judgement Date : 02 Aug 1989

Citation : 1989 Latest Caselaw 223 SC

Constitution of India

Headnote :

Bansi Lal Sharma, respondent in one appeal, was appointed as Male Nurse in 1941 and was officiating as Sister Tutor in March 1966 when the Rajasthan Medical and Health subordinate Service Rules, 1965 came into force. Shanti Lal Jain, respondent in the second appeal, was appointed as Compounder Grade...

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Ramlal Khurana Vs. State of Punjab & Ors [1989] NSC 224 (3 August 1989)

Judgement Date : 03 Aug 1989

Citation : 1989 Latest Caselaw 224 SC

Headnote :

The appellant, while working in the Police Department as a clerk, was selected, and subsequently appointed, as Excise Sub-Inspector. After several years, he was reverted and sent back to his parent department. He challenged the reversion order before the Sub-Judge, who allowed him to continue in the...

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Smt. Mainia Vs. Deputy Director of Consolidation & Ors [1989] NSC 225 (4 August 1989)

Judgement Date : 04 Aug 1989

Citation : 1989 Latest Caselaw 225 SC

Constitution of India
U.P. Zamindari Abolition and Land Reforms Act, 1950
United Provinces Tenancy Act, 1939

Ram Jivan Vs. Smt. Phoola & Ors [1976] INSC 15 (30 January 1976)

Headnote :

One Chain Sukh died issueless. His interest as the occupancy tenant of the land in dispute therefore devolved upon his widow, Smt. Sukhia, in accordance with section 35 of the United Provinces Tenancy Act, 1939. A couple of years after the death of Chain Sukh, Sukhia remarried Gopal Singh in "K...

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Cardamom Planters Association Bodinayakanur Vs. Deputy Commissioner of Sales Tax (Law) Board of Revenue (Tax [1989] NSC 226 (7 August 1989)

Judgement Date : 07 Aug 1989

Citation : 1989 Latest Caselaw 226 SC

Kerala General Sales Tax Act, 1963
Kerala Surcharge on Taxes Act, 1957

Headnote :

The appellant--assesse is a Society registered under the Societies Registration Act. Its members are Cardamom growers in the State of Kerala. The Society conducts the business as an auctioneer under a licence issued to it under the Cardamom Act (Act 42 of 1965) read with the Cardamom (Licensing and...

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Maganlal Vs. Jaiswal Industries Neemach & Ors [1989] NSC 227 (7 August 1989)

Judgement Date : 07 Aug 1989

Citation : 1989 Latest Caselaw 227 SC

Code of Civil Procedure, 1908 (CPC)
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Section 60. TPA, Right of mortgagor to redeem.
Section 69. TPA, Power of sale when valid.
State Financial Corporation Act, 1951

Headnote :

Maganlal executed a mortgage in favour of M.P. State Financial Corporation as security for a loan. The amount of loan not having been paid, the Corporation initiated proceedings before the District Judge under section 31 of the State Financial Corporations Act, 1951 for attachment and sale of the mo...

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Dwarka Nath Sharma Vs. Union of India & Ors [1989] NSC 228 (8 August 1989)

Judgement Date : 08 Aug 1989

Citation : 1989 Latest Caselaw 228 SC

Headnote :

Appellant joined the Military Engineering Service as Assistant Executive Engineer, upon his selection by the Union Public Service Commission through the combined Engineering Service Examination held in 1960. He represented that his previous service in Central Government should be considered in fixin...

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Atul Mathur Vs. Atul Kalra & ANR [1989] NSC 229 (8 August 1989)

Judgement Date : 08 Aug 1989

Citation : 1989 Latest Caselaw 229 SC

CrPC Section 465. Finding or sentence when reversible by reason of error, omission or irregularity
CrPC Section 482. Saving of inherent power of High Court

Headnote :

The appellant-Company took a fiat No. 84, Mehr-Dad, Cuffe Parade, Bombay, from its owner Mehdi Mandil on leave and licence basis for the residence of its Officers'/Employees'. The first Respondent, Divisional Manager of the Company at Bombay, acted as power of attorney of the Company and exe...

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Mehta Ravindrarai Ajitrai Vs. State of Gujarat [1989] NSC 230 (8 August 1989)

Judgement Date : 08 Aug 1989

Citation : 1989 Latest Caselaw 230 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Certain lands situated on the outskirts of a large city were acquired by the respondent-State after issuing preliminary notification under s. 4(1) of the Land Acquisition Act, 1894 on August 6, 1956 for construction of an industrial estate. The appellants claimed compensation at the rate of Rs.3...

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Lakhanpal National Ltd. Vs. M.R.T.P. Commission & ANR [1989] INSC 168 (2 august 1989)

Judgement Date : 02 Aug 1989

Citation : 1989 Latest Caselaw 231 SC

CrPC Section 13. Special Judicial Magistrates
CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)

Headnote :

In the Sessions trial of the appellants-accused under section 302/ 34, I.P.C., the prosecution examined 34 witnesses including the Investigation Officer (PW-34). The Trial Court examined the accused under section 313 of the Code of Criminal Procedure, 1973 and recorded their statements. Thereafter t...

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Bajaj Auto Limited Vs. Behari Lal Kohli [1989] NSC 232 (8 August 1989)

Judgement Date : 08 Aug 1989

Citation : 1989 Latest Caselaw 232 SC

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

Headnote :

The respondent let out his premises to the appellant by way of an unregistered lease deed which inter alia stated that without the permission of the landlord the premises should not he sub-let except to associate concerns, and the lessee was liable for payment of rent. Alleging that the appellant, a...

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Madhu Mehta Vs. Union of India [1989] NSC 233 (9 August 1989)

Judgement Date : 09 Aug 1989

Citation : 1989 Latest Caselaw 233 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

This Petition under Article 32 of the Constitution has been filed by one Madhu Mehta National Convenor of Hindustani Andolan and a Social worker praying for a writ of Habeas Corpus or an appropriate direction in regard to one Gyasi Ram s/o Param aged 60 years, who, is stated to be waiting for a deci...

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Janak Lal Vs. State of Maharashtra & Ors [1989] NSC 234 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 234 SC

Mineral Concession Rules, 1960

Headnote :

Rule 58 of the Mineral Concession Rules, 1960, which deals with availability of areas for regrant of a mining lease, requires a notification to be published in the official gazette at least 30 days in advance. Rule 59 directs the procedure laid down in Rule 58 to be followed in the case of any land...

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State of Orissa Vs. Niranjan Swain [1989] NSC 235 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 235 SC

Interest Act, 1978

Headnote :

The respondent was awarded a contract for construction of Earth Dam by the appellant-State of Orissa. His dispute relating to the remaining Claim for payment was referred to an arbitrator for adjudication. Before the arbitrator the respondent claimed (i) the balance amount due to him; (ii) his secur...

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Ossein And Gelatine Manufacturers' Association of India Vs. Modi Alkalies And Chemicals Ltd. & ANR [1989] NSC 236 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 236 SC

Headnote :

Respondent No. 1 made an application to the Central Government for permission to establish an undertaking for the manufacture of Ossein and Gelatine in the State of Rajasthan. The appellant Association made representations before the Central Government objecting to the grant of the said application...

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Kashiram Yadav & ANR Vs. Oriental Fire & Gen. Insurance Co. & Ors [1989] NSC 237 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 237 SC

Motor Vehicles Act, 1939

Skandia Insurance Co. Ltd. Vs. Kokilaben Chandravadan & Ors [1987] INSC 92 (1 April 1987)

Headnote :

A Constable while returning home after performing his duties was knocked down by a tractor owned by appellant No. 1, and driven by appellant No. 2 who had no driving licence. As a result of the accident, the Constable died and his widow and children claimed compensation, before the Tribunal. A...

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Baidyanath Mahapatra Vs. State of Orissa & ANR [1989] NSC 238 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 238 SC

Headnote :

The appellant had joined service in the Orissa Government as an Assistant Engineer in 1955, and in 1983 he was working on the post of Superintending Engineer. Since he had completed 50 years of age, a Review Committee considered his service record for determining his suitability for retention in ser...

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Senior Supdt. of Post Office & Ors Vs. Izhar Hussain [1989] NSC 239 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 239 SC

Constitution of India

Headnote :

The respondent, and employee in the Posts and Telegraph Department, was retired from service under Rule 2(2) of the Liberalised Pension Rules, 1950 which empowered the Government to retire a servant at any time after he had completed 30 years of qualifying service. The respondent's writ petition...

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Collector of Central Excise, Baroda Vs. Ambalal Sarabhai Enterprises [1989] NSC 240 (10 August 1989)

Judgement Date : 10 Aug 1989

Citation : 1989 Latest Caselaw 240 SC

Central Excises and Salt Act, 1944

Headnote :

The respondent was engaged in the manufacture of sorbitol, which fell under items 68 of the Central Excise Tariff. During a visit to the factory premises by the Central Excise Officers it was found that the respondent also manufactured and captively consumed starch hydrolysate which, according to...

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State of U.P. Through C.B.I. S.P.E. Lucknow Vs. R.K. Srivastava & ANR [1989] NSC 241 (11 August 1989)

Judgement Date : 11 Aug 1989

Citation : 1989 Latest Caselaw 241 SC

Headnote :

The respondents, two employees of a nationalised Bank and two account-holders, were charged with offences punishable under Sections 120B, 420, 468, 471 I.P.C. and 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The F.I.R. alleged that the two Bank employees entered into a c...

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All India Bank Officers' Confederation& Ors Vs. Union of India & Ors [1989] NSC 242 (14 August 1989)

Judgement Date : 14 Aug 1989

Citation : 1989 Latest Caselaw 242 SC

Constitution of India

Headnote :

The Central Govt. in exercise of its power under Section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 enacted the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980. Clause 3(b) of the said scheme deals with the appointment of workmen Dire...

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Tata Oil Mills Co. Ltd. Vs. Collector of Central Excise [1989] NSC 243 (14 August 1989)

Judgement Date : 14 Aug 1989

Citation : 1989 Latest Caselaw 243 SC

Central Excises and Salt Act, 1944

Headnote :

The petitioner-appellant is engaged in the manufacture of various varieties of soaps. The dispute arose as to the eligibility of the appellants to the concession under rule 8(1) of the Central Excise Rule 1944 through Notification No. 46 of 1972 subsequently amended by Notification Nos. 153 of 1973...

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Municipal Corporation of The City of Baroda Vs. Babubhai Himatlal [1989] NSC 244 (16 August 1989)

Judgement Date : 16 Aug 1989

Citation : 1989 Latest Caselaw 244 SC

Headnote :

The respondent who was carrying on the business of transporting goods challenged before the High Court the imposition of supervision fee levied under Standing Order No. 3 on the goods in transit through the limits of the Municipal Corporation of Baroda. Before the framing of Standing Order No. 3, a...

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Padmini Products Vs. Collector of Central Excise, Bangalore [1989] NSC 245 (18 August 1989)

Judgement Date : 18 Aug 1989

Citation : 1989 Latest Caselaw 245 SC

Headnote :

The appellant was a manufacturer of agarbatis, dhoop sticks, dhoop coil and dhoop powder failing under Tariff Item No. 68 of the Central Excise Tariff. It claimed exemption from duty of excise on the ground that these items being handicrafts were fully exempt from such payment under notification No....

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Sham Sundar & Ors Vs. State of Haryana [1989] NSC 246 (21 August 1989)

Judgement Date : 21 Aug 1989

Citation : 1989 Latest Caselaw 246 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955
Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The short supply of levy rice to the State Government by licensed millers is a contravention of the Haryana Rice Procurement (Levy) Order, 1979 made under s. 3 of the Essential Commodities Act, 1955. The said contravention is punishable under s. 7 of the Act. Under s. 10(1) of the Act a person is de...

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Prathama Bank Vs. Vijay Kumar Goel & ANR [1989] NSC 247 (22 August 1989)

Judgement Date : 22 Aug 1989

Citation : 1989 Latest Caselaw 247 SC

Constitution of India
Regional Rural Banks Act, 1976

Headnote :

The respondent who was an employee of the appellant bank was dismissed from service on the basis of disciplinary proceedings instituted against him. He filed a suit challenging the validity of the disciplinary proceedings on the ground that the inquiry was vitiated by serious violation of principles...

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Smt. Lata Devi Vs. Haru Rajwar [1989] NSC 248 (22 August 1989)

Judgement Date : 22 Aug 1989

Citation : 1989 Latest Caselaw 248 SC

Representation of the People Act, 1951

Chhedi Ram Vs. Jhilmit Ram & Ors [1983] INSC 192 (5 December 1983)
Roop Lal Sathi Vs. Nachhattar Singh [1982] INSC 80 (2 November 1982)

Headnote :

In the election to the Bihar Legislative Assembly held in 1985, the appellant was declared elected from the 286 Chandan Kyari (S.C.) Constituency. The respondent, a sitting M.L.A., who secured 430 votes less than the appellant, filed an election petition in the Patna High Court (Ranchi Bench) callin...

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N. Meera Rani Vs. Government of Tamil Nadu & ANR [1989] NSC 249 (22 August 1989)

Judgement Date : 22 Aug 1989

Citation : 1989 Latest Caselaw 249 SC

Constitution of India
CrPC Section 117. Order to give security
National Security Act, 1980

Headnote :

By an order dated 7.9.88 the Collector & District Magistrate Madurai under s. 3(2) of the National Security Act, 1980 made an order for keeping in custody Nallathambi, the husband of the appellant/ petitioner. The State Govt. on 25.10.88 by its order under s. 12(1) of the Act confirmed the order...

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Star Paper Mills Ltd. Vs. Collector of Central Excise, Meerut [1989] NSC 250 (22 August 1989)

Judgement Date : 22 Aug 1989

Citation : 1989 Latest Caselaw 250 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant company carried on the business of manufacture and sale of paper. It claimed exemption from payment of excise on paper core which, accordingly to the appellant, was used in the manufacture of paper. The case of the appellant was that the paper cores used in the manufacture of paper con...

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Hindustan Polymers Vs. Collector of Central Excise [1989] NSC 251 (23 August 1989)

Judgement Date : 23 Aug 1989

Citation : 1989 Latest Caselaw 251 SC

Customs Tariff Act, 1975

Headnote :

The appellant company/assessee manufactures and sells fusel oil/ styrene Monomer falling under Tariff Item No. 68 of the 1st Schedule to the Central Excises and Salt Act, 1944. The said fusel oil/styrene Monomer is sold in bulk and generally delivered to the customers at the appellant's factory...

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U.S. Sasidharan Vs. K. Karunakaran & ANR [1989] NSC 252 (23 August 1989)

Judgement Date : 23 Aug 1989

Citation : 1989 Latest Caselaw 252 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

The appellant was a voter in the Mala constituency of the Kerala Legislative Assembly, election whereof was held on March 23, 1987 and the first respondent, sitting Chief Minister of the State was declared elected from the said constituency. The appellant challenged the validity of 1st Respondent...

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T.A. Abdul Rahman Vs. State of Kerala & Ors [1989] NSC 253 (23 August 1989)

Judgement Date : 23 Aug 1989

Citation : 1989 Latest Caselaw 253 SC

Constitution of India

Hemlata Kantilal Shah Vs. State of Maharashtra & Ors [1981] INSC 186 (30 October 1981)

Headnote :

This appeal has been filed by the brother of the detenu T.A. Sirajudeen who was detained pursuant to an order of detention passed by the first respondent under Section 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Smuggling Activities Act, 1974 with a view to preventing the said...

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Pt. Parmanand Katara Vs. Union of India & Ors [1989] NSC 254 (28 August 1989)

Judgement Date : 28 Aug 1989

Citation : 1989 Latest Caselaw 254 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The petitioner, who claims himself to be a human right activist, filed this writ petition in public interest on the basis of a newspaper report concerning the death of a scooterist who was knocked down by a speeding car. The report further states that the injured person was taken to the nearest hosp...

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Durand Didier Vs. Chief Secretary, Union Territory of Goa [1989] NSC 255 (29 August 1989)

Judgement Date : 29 Aug 1989

Citation : 1989 Latest Caselaw 255 SC

Constitution of India
Narcotic Drugs and Psychotropic Substances Act, 1985

State of Punjab Vs. Wasson Singh & Ors [1981] INSC 16 (15 January 1981)

Headnote :

The appellant is a foreign national. At Colva, on seeing a police party on patrol he accelerated the speed of his motor cycle ignoring the signal given by Assistant SubInspector of Police (P.W. 7) and in that process lost control over the vehicle and fell down. Thereafter he immediately stood up and...

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Collector of Central Exise, Culcutta-Ii Vs. Eastend Paper Industries Ltd. & ANR [1989] NSC 256 (29 August 1989)

Judgement Date : 29 Aug 1989

Citation : 1989 Latest Caselaw 256 SC

Central Excises and Salt Act, 1944

Headnote :

The respondent, in the first of these appeals, was manufacturing different varieties of printing paper including wrapping paper failing under Item No. 17 of the erstwhile Central Excise Tariff. The appellant issued a show cause notice to the Respondent for the alleged violation of Rules 9(1), 173-F...

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Smt. Bhagwanti & ANR Vs. Union of India [1989] NSC 257 (29 August 1989)

Judgement Date : 29 Aug 1989

Citation : 1989 Latest Caselaw 257 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 494. Marrying again during lifetime of husband or wife

Headnote :

These two Writ Petitions have been filed by the widows of the pensioners viz. Smt. Bhagwati and Smt. Sharda Swamy, as they have been refused family pension after the demise of their husbands. Smt. Bhagwanti is the widow of an Ex-Subedar of the Indian Army who retired after serving for 18 years on...

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Sodan Singh Vs. New Delhi Municipal Committee & ANR [1989] NSC 258 (30 August 1989)

Judgement Date : 30 Aug 1989

Citation : 1989 Latest Caselaw 258 SC

Constitution of India
Delhi Municipal Corporation Act, 1957
Punjab Municipal Act, 1911

Headnote :

The petitioners in these special leave petitions and writ petitions claim the right to engage in trading business on the pavements of roads of the city of Delhi. The special leave petitions are against the judgments of the Delhi High Court dismissing their claim. It is contended on behalf of the...

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T.R. Kapoor & Ors Vs. State of Haryana & Ors [1989] NSC 259 (31 August 1989)

Judgement Date : 31 Aug 1989

Citation : 1989 Latest Caselaw 259 SC

Constitution of India

Headnote :

This is an application filed by the Petitioners seeking directions of the Court for implementation of this Court's order dated 17.12.86 in its true spirit, in particular, praying that the promotion orders dated 30.12.87 be given effect from the back dates (deemed dates) or the dates when their j...

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Karnal Leather Karamchari Sanghatan Vs. Liberty Footwear Company & Ors [1989] NSC 260 (31 August 1989)

Judgement Date : 31 Aug 1989

Citation : 1989 Latest Caselaw 260 SC

Industrial Disputes (Central) Rules, 1957
Industrial Disputes Act, 1947

Headnote :

Respondent No. 1 is a registered partnership firm which deals in leather foot wears at Karnal in Haryana and at other places under the name and style of "Liberty Footwear Company". It had an industrial dispute with his workmen; the latters' Union complaining that the management had ter...

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