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, who are daily rated carpenters at the Wood Working Centre of the Himachal Pradesh State Handicrafts Corporation, sought to enforce their fundamental right to \"equal pay for equal work\" in comparison to their counterparts in regular positions, or alternatively, to receive the minim...

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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 February 20, 1975, the State Government released a combined seniority list for teachers in the subordinate Education Service from the Boys branch, as well as for Higher Secondary Teachers within the same service. This joint seniority list was contested in the High Court, but the writ petition was...

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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, delivered goods to Delhi without paying the required terminal tax. According to Section 464 of the Delhi Municipal Corporation Act, 1957, the appellant was charged a penalty amounting to ten times the terminal tax owed. This demand was contested in the High Court throug...

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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, previously employed by the respondent company, was terminated following a domestic inquiry regarding allegations of misconduct. Subsequently, he initiated a civil suit in the Court of Munsiff, seeking back wages and an injunction to prevent the enforcement of his dismissal....

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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 allows for the recovery of possession if the tenant, or anyone living in the rented premises, transfers, assigns, or sublets any part of the premises without the landlord\'s prior written consent. Section 14 prohibits tenants from sublet...

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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 landlord, who is the respondent, allowed the appellant to occupy the premises based on an agreement referred to as a leave and license agreement. In this agreement, the parties were identified as the licensor and licensee, and the rent was termed as compensation for use and occupation. The agree...

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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 approved a development plan for Sholapur under the Maharashtra Regional and Town Planning Act of 1966. While this approval included the petitioners\' land, a portion of it was designated for public use as per the Act.Subsequently, the Urban Land (Ceiling & Regulation) Act of 197...

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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, the respondent in one of the appeals, was appointed as a Male Nurse in 1941 and was serving as a Sister Tutor in March 1966 when the Rajasthan Medical and Health Subordinate Service Rules, 1965 were implemented. Shanti Lal Jain, the respondent in the second appeal, was appointed as...

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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, who was employed as a clerk in the Police Department, was selected and subsequently appointed as an Excise Sub-Inspector. After several years in this role, he was reverted back to his original department. He contested the reversion order in front of the Sub-Judge, who permitted him to...

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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 :

Chain Sukh passed away without any children, and as a result, his rights as the occupancy tenant of the disputed land were transferred to his widow, Smt. Sukhia, in accordance with section 35 of the United Provinces Tenancy Act, 1939. A few years after Chain Sukh\'s death, Sukhia remarried Gopal Sin...

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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, a Society registered under the Societies Registration Act, consists of cardamom growers in Kerala. The Society operates as an auctioneer under a license granted by the Cardamom Act (Act 42 of 1965) and the Cardamom (Licensing and Marketing) Rules, 1977, which stipulates that it can ch...

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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 took out a mortgage in favor of the M.P. State Financial Corporation to secure a loan. Since he failed to repay the loan, the Corporation initiated proceedings before the District Judge under section 31 of the State Financial Corporations Act, 1951, to attach and sell the mortgaged property...

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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 :

The appellant joined the Military Engineering Service as an Assistant Executive Engineer after being selected by the Union Public Service Commission through the combined Engineering Service Examination conducted in 1960. He argued that his prior service in the Central Government should be taken into...

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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 leased the property located at No. 84, Mehr-Dad, Cuffe Parade, Bombay, from its owner Mehdi Mandil on a leave and license basis for the accommodation of its officers and employees. The first respondent, who was the Divisional Manager of the company in Bombay, acted as the compa...

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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 located on the outskirts of a major city were acquired by the respondent-State following a preliminary notification issued under section 4(1) of the Land Acquisition Act, 1894 on August 6, 1956, for the purpose of developing an industrial estate.The appellants sought compensation at a...

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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 concerning the appellants-accused under section 302/34 of the I.P.C., the prosecution called upon 34 witnesses, including the Investigation Officer (PW-34). The Trial Court conducted an examination of the accused under section 313 of the Code of Criminal Procedure, 1973, and do...

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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 leased his premises to the appellant through an unregistered lease agreement, which included a clause stating that the premises could not be sublet without the landlord\'s permission, except to associated entities, and that the lessee was responsible for paying rent. The respondent cl...

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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, filed under Article 32 of the Constitution, has been submitted by Madhu Mehta, the National Convenor of Hindustani Andolan and a social worker, seeking a writ of Habeas Corpus or an appropriate directive concerning Gyasi Ram, son of Param, aged 60, who has reportedly been awaiting a d...

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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 pertains to the availability of areas for the regrant of mining leases and mandates that a notification must be published in the official gazette at least 30 days prior. Rule 59 stipulates that the procedure outlined in Rule 58 must be adhered to for any...

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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 granted a contract for the construction of an Earth Dam by the appellant, the State of Orissa. A dispute regarding the outstanding payment was submitted to an arbitrator for resolution. During the arbitration, the respondent sought (i) the remaining amount owed to him; (ii) the re...

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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 submitted a request to the Central Government seeking approval to set up a facility for the production of Ossein and Gelatine in Rajasthan. The appellant Association raised concerns with the Central Government, arguing against the approval of this application, primarily stating that...

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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 was struck by a tractor owned by appellant No. 1 and operated by appellant No. 2, who did not possess a driving license, while returning home after completing his duties.The accident resulted in the Constable\'s death, prompting his widow and children to seek compensation from the Tribun...

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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 began his career with the Orissa Government as an Assistant Engineer in 1955 and was serving as a Superintending Engineer by 1983. At the age of 50, a Review Committee evaluated his service record to assess his suitability for continued employment, as per the first proviso to Rule 71(a...

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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, an employee of the Posts and Telegraph Department, was retired under Rule 2(2) of the Liberalised Pension Rules, 1950, which allowed the Government to retire an employee after they had completed 30 years of qualifying service. The respondent\'s writ petition in the Allahabad High Cou...

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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 involved in the production of sorbitol, categorized under item 68 of the Central Excise Tariff.During a factory inspection by Central Excise Officers, it was discovered that the respondent also produced and used starch hydrolysate internally, which the appellant claimed was glucos...

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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, consisting of two employees from a nationalized bank and two account holders, faced charges under Sections 120B, 420, 468, 471 of the Indian Penal Code, as well as Section 5(2) in conjunction with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The First Information Repor...

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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 Government, exercising its authority under Section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, established the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980.Clause 3(b) of this scheme addresses the appointment of workmen Di...

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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 involved in the production of various types of soaps. The issue at hand concerns the appellants\' eligibility for the concession under rule 8(1) of the Central Excise Rule 1944, as outlined in Notification No. 46 of 1972 and later 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, engaged in the business of transporting goods, contested the High Court\'s imposition of a supervision fee under Standing Order No. 3 for goods in transit through the Municipal Corporation of Baroda. Prior to the establishment of Standing Order No. 3, transporters were obligated to p...

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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 producer of agarbatis, dhoop sticks, dhoop coils, and dhoop powder, which fell under Tariff Item No. 68 of the Central Excise Tariff. They sought an exemption from excise duty, arguing that these products were handicrafts and thus fully exempt from such payments under notificatio...

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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 limited supply of levy rice to the State Government by authorized millers violates the Haryana Rice Procurement (Levy) Order, 1979, established under section 3 of the Essential Commodities Act, 1955. This violation is subject to penalties under section 7 of the Act. According to section 10(1) of...

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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 employed by the appellant bank, was terminated from his position following disciplinary proceedings against him. He subsequently filed a lawsuit contesting the legitimacy of these proceedings, arguing that the inquiry was fundamentally flawed due to significant breaches of na...

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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 1985 Bihar Legislative Assembly election, the appellant was declared the winner from the 286 Chandan Kyari (S.C.) Constituency. The respondent, a sitting MLA who received 430 votes fewer than the appellant, filed an election petition in the Patna High Court (Ranchi Bench) challenging the appe...

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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 :

On September 7, 1988, the Collector and District Magistrate of Madurai issued an order under section 3(2) of the National Security Act, 1980 to detain Nallathambi, the husband of the appellant/petitioner. Subsequently, on October 25, 1988, the State Government confirmed the detention order under sec...

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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 was engaged in the manufacturing and selling of paper. It sought an exemption from excise duty on paper cores, which it argued were utilized in the production of paper. The appellant contended that these paper cores qualified as \"component parts\" as defined by Notification No...

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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, which is the assessee, produces and sells fusel oil and styrene monomer classified under Tariff Item No. 68 of the 1st Schedule to the Central Excises and Salt Act, 1944. These products are typically sold in bulk and delivered to customers using road tankers from the appellant...

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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 during the Kerala Legislative Assembly elections held on March 23, 1987, in which the first respondent, the sitting Chief Minister of the State, was declared the winner from that constituency.The appellant contested the legitimacy of the first respo...

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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 submitted by the brother of the detainee, T.A. Sirajudeen, who was detained following a detention order issued by the first respondent under Section 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Smuggling Activities Act, 1974, aimed at preventing the detaine...

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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, identifying as a human rights activist, submitted this writ petition in the public interest based on a newspaper article about the death of a scooter rider who was struck by a speeding vehicle. The article further reported that the injured individual was taken to the nearest hospital...

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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. While at Colva, upon noticing a police patrol, he accelerated his motorcycle, disregarding the signal from Assistant Sub-Inspector of Police (P.W. 7), which caused him to lose control and fall. He quickly got up, took a paper wrapping from his pant pocket, and di...

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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 :

In the first of these appeals, the respondent was engaged in the production of various types of printing paper, including wrapping paper, which fell under Item No. 17 of the previous Central Excise Tariff. The appellant issued a show cause notice to the respondent for allegedly violating Rules 9(1),...

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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 submitted by the widows of pensioners, namely Smt. Bhagwati and Smt. Sharda Swamy, who have been denied family pension following the deaths of their husbands.Smt. Bhagwanti is the widow of a former Subedar in the Indian Army, who retired after 18 years of service o...

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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 and writ petitions assert their right to conduct trading activities on the pavements of Delhi\'s roads. These special leave petitions challenge the Delhi High Court\'s decisions that dismissed their claims.The petitioners argue that:(i) The respondents permitte...

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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 application has been submitted by the Petitioners requesting the Court to ensure the proper implementation of its order dated 17.12.86, specifically asking for the promotion orders dated 30.12.87 to be made effective from earlier dates (deemed dates) or the dates when their juniors were promote...

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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 operating under the name \"Liberty Footwear Company\" in Karnal, Haryana, specializing in leather footwear. The firm faced an industrial dispute with its workers, as the workers\' Union claimed that the management had terminated over 200 employees. T...

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