Caselaw | Supreme Court Judgements of december 1989

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Dunlop India Ltd. Vs. Union of India & Ors [1989] INSC 368 (1 December 1989)

Judgement Date : 01 Dec 1989

Citation : 1989 Latest Caselaw 368 SC

Headnote :

The appellant-assessee has been manufacturing cushion repair compoud, tread repair compound and cover compound. According to the assessee, these were not meant either for resoling or retreading of tyres, but for mending injured and defective sections of tyres. Though normally these goods are duti...

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Kalyan Singh Vs. Smt. Chhoti & Ors [1989] INSC 369 (1 December 1989)

Judgement Date : 01 Dec 1989

Citation : 1989 Latest Caselaw 369 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

This case is concerned with a garden with temples and other buildings at Jaipur claimed to be the property of Darjee (Tailors) community popularly known as 'Bagichi Darjian'. It was claimed by different persons at different intervals on different grounds. One Narayan, Pujari on the temples w...

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Municipal Board, Bareilly Vs. Bharat Oil Company & Ors [1989] INSC 370 (4 December 1989)

Judgement Date : 04 Dec 1989

Citation : 1989 Latest Caselaw 370 SC

Constitution of India

Municipal Board, Hapur Vs. Raghuvendra Kripal & Ors [1965] INSC 189 (23 September 1965)

Headnote :

The appellant is a Municipal Board governed by the provisions of the U.P. Municipalities Act, 1916. Section 128 of the Act provides for imposition of taxes by the Board. In exercise of the powers under Sections 131 to 135 and 296 of the Act, the Government of the United Provinces framed octroi rules...

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Bihar State Madarasa Education Board Vs. Managing Committee of Madarasa Hanfiaarabic College Jamalia [1989] INSC 371 (5 December 1989)

Judgement Date : 05 Dec 1989

Citation : 1989 Latest Caselaw 371 SC

Headnote :

Section 7(2)(n) of the Bihar State Madarasa Education Board Act, 1982 confers power on the State Madarasa Education Board to dissolve the managing committee of an aided and recognised Madarasa institution. The committees of management of the respondent institutions established by the Muslim minority...

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P. Mahendran Vs. State of Karnataka [1989] INSC 372 (5 December 1989)

Judgement Date : 05 Dec 1989

Citation : 1989 Latest Caselaw 372 SC

Constitution of India

Headnote :

The Karnataka General Service (Motor Vehicles Branch) Recruitment Rules, 1962 (as amended in 1976) laid down the minimum qualification of Diploma in Automobile Engineering or Mechanical Engineering for direct recruitment to the post of Motor Vehicle Inspectors. The Karnataka Public Service Commissio...

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State of Madhya Pradesh & Ors Vs. Orient Paper Mills Ltd. [1989] INSC 373 (7 December 1989)

Judgement Date : 07 Dec 1989

Citation : 1989 Latest Caselaw 373 SC

Constitution of India
Madhya Pradesh Electricity Duty Act, 1949

Headnote :

In its industrial policy, the State Government declared on 1.8.1961 that where power has to be generated by industrialists themselves, exemption from electricity duty would be granted for a period of five years from the date of plant goes into production, and that the concession would be applicable...

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Collector of Central Excise, Chandigarh Vs. Decent Dyeing Co [1989] INSC 374 (7 December 1989)

Judgement Date : 07 Dec 1989

Citation : 1989 Latest Caselaw 374 SC

Headnote :

The Respondent Company was in the business of dyeing acrylic yarn received from traders and manufacturers of hosiery goods on job basis. It was paying duty at the rate of Rs. 10 per K.G. in terms of Notification No. 125/75-CE dated 12.5.1975 on the presumption that base yarn had discharged duty liab...

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Sri Doki China Guruvulu Son & Co. & ANR Vs. Govt. of Andhra Pradesh & ANR [1989] INSC 375 (7 December 1989)

Judgement Date : 07 Dec 1989

Citation : 1989 Latest Caselaw 375 SC

Andhra Pradesh General Sales Tax Act, 1957
Central Sales Tax Act, 1956
Constitution of India

Headnote :

Under item 14 of Second Schedule to the Andhra Pradesh General Sales Tax Act, 1957 tamarind was subjected to sales tax at the point of first purchase in the State irrespective of whether it was purchased within the State or outside the State. However, by virtue of an amendment to the Act by Act 19 o...

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Ess Dee Carpet Enterprises Vs. Union of India & Ors [1989] INSC 376 (7 December 1989)

Judgement Date : 07 Dec 1989

Citation : 1989 Latest Caselaw 376 SC

Headnote :

The appellant is a partnership firm carrying on business of manufacturing and selling carpets in the State of Rajasthan. It owns three factories. When the Regional Provident Fund Commissioner took steps to direct the appellant firm to comply with the provisions of the Employees' Provident Funds...

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Raojibhai Jivabhai Patel & Ors Vs. State of Gujarat & Ors [1989] INSC 377 (7 December 1989)

Judgement Date : 07 Dec 1989

Citation : 1989 Latest Caselaw 377 SC

Constitution of India

Headnote :

The Petitioners in these petitions have challenged the validity of a Notification issued by the Government of Gujarat on June 25, 1985 whereby the Gujarat Minor Mineral Rules were amended with effect from 1.7.1985. By the said notification, original Rule 21 of the Rules was substituted by a new Rule...

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Duli Chand Vs. Jagmender Dass [1989] INSC 378 (8 December 1989)

Judgement Date : 08 Dec 1989

Citation : 1989 Latest Caselaw 378 SC

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

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

Headnote :

The Respondent--landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub-let or parted with the possession of the said shop after the 9...

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Kayastha Pathshala, Allahabad Andanr. Vs. Rajendra Prasad & ANR [1989] INSC 379 (8 December 1989)

Judgement Date : 08 Dec 1989

Citation : 1989 Latest Caselaw 379 SC

Constitution of India
Education Laws

Headnote :

The respondent was appointed on 15.7.1962 as a Chemistry lecturer in Kulohaskar Ashram Agriculture Intermediate College run by the appellant society. By a communication dated 20.6.1963, he was informed by the management that his services were no longer required after 15.7.1963. He filed a civil suit...

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Corporation of The City of Bangalore Vs. Kesoram Industries And Cotton Mills Ltd. [1989] INSC 380 (8 December 1989)

Judgement Date : 08 Dec 1989

Citation : 1989 Latest Caselaw 380 SC

Municipal Board, Hapur Vs. Raghuvendra Kripal & Ors [1965] INSC 189 (23 September 1965)

Headnote :

The City Corporation of Bangalore invited objections from the public to the proposed levy of octroi on certain items. In a meeting of the Corporation after placing the objections on the Table and circulating the Notes of the Commissioner analysing the objections, a unanimous resolution was passed le...

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Gajanan Jaikishan Joshi Vs. Prabhakar Mohanlal Kalwar [1989] INSC 381 (13 December 1989)

Judgement Date : 13 Dec 1989

Citation : 1989 Latest Caselaw 381 SC

Specific Relief Act, 1963

Ouseph Varghese Vs. Joseph Aley & Ors [1969] INSC 185 (18 August 1969)

Headnote :

For selling an immovable property, respondent entered into an agreement with the appellant. Appellant paid part of the consideration and he was put in possession of the property. Since the respondent failed to execute the registered sale-deed, the appellant filed a suit. There was no specific averme...

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V.K. Rama Rao & Ors Vs. National Bank For Agriculture And Rural Development [1989] INSC 382 (14 December 1989)

Judgement Date : 14 Dec 1989

Citation : 1989 Latest Caselaw 382 SC

Constitution of India

Headnote :

In response to the charter of demands concerning the revision of pay scales, submitted by the officers of the Respondent Bank, called "NABARD Officers' Association", the bank on 9.10.85 revised the pay scales of all its officers as per settlement with the Association and gave the said...

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State of Haryana Vs. Prem Chand & Ors [1989] INSC 383 (14 December 1989)

Judgement Date : 14 Dec 1989

Citation : 1989 Latest Caselaw 383 SC

Constitution of India

Sheonandan Paswan Vs. State of Bihar & Ors [1982] INSC 100 (16 December 1982)

Headnote :

This Court rendered a judgment in this case on 31.1.1989 confirming the conviction of both the respondents and reducing the sentence of imprisonment from 10 years to 5 years by invoking the proviso to Section 376(2) I.P.C. The petitioner State has sought review of the said judgment.

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Nalini Bhano Vs. Commissioner of Police, Delhi Police Head-Quarters & Ors [1989] INSC 384 (14 December 1989)

Judgement Date : 14 Dec 1989

Citation : 1989 Latest Caselaw 384 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Torts: Vicarious Liability--Death of child due to beating by Police--State directed to pay compensation to mother. In the Writ Petitions filed on behalf of two women, who were severely beaten by the alleged landlord, in collusion with the local police, in their attempts to get the rooms occupied...

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Anand Prakash Vs. State of U.P. & Ors [1989] INSC 385 (14 December 1989)

Judgement Date : 14 Dec 1989

Citation : 1989 Latest Caselaw 385 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 379. Punishment for theft
IPC Section 411. Dishonestly receiving stolen property
National Security Act, 1980

Headnote :

The detenu was arrested on May 2, 1989. On the same date a bail application was moved on his behalf. On May 3, 1989 he was detained under s. 8 of the National Security Act, 1980. The detention order stated that the detenu was likely to be bailed out and there was every likelihood that after coming o...

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Mohd. Zainulabudeen Vs. Sayed Ahmed Mohindeen & Ors [1989] INSC 386 (15 December 1989)

Judgement Date : 15 Dec 1989

Citation : 1989 Latest Caselaw 386 SC

Limitation Act, 1963

Headnote :

Mohd. Zainulabdeen and Yasin By filed a suit for declaration that they were entitled to be in enjoyment and possession of Saint Syeed Moosa Shah Khadiri Dargah in Madras for 27 days and to restrain the defendants from interfering with tile plaintiffs' aforesaid right and management in the Dargah...

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Bhagwati Prasad & Ors Vs. Delhi State Mineral Development Corporation [1989] INSC 387 (15 December 1989)

Judgement Date : 15 Dec 1989

Citation : 1989 Latest Caselaw 387 SC

Constitution of India

Headnote :

The petitioners, daily-rated workers of the respondent Corporation appointed between 1983 and 1986, sought a writ of mandamus to regularise their services in the respective units and payment of wages at par with regularly appointed employees of the respondent performing the same or similar duties....

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World Wide Agencies Pvt. Ltd. & ANR Vs. Mrs. Margarat T. Desor & Ors [1989] INSC 388 (19 December 1989)

Judgement Date : 19 Dec 1989

Citation : 1989 Latest Caselaw 388 SC

Headnote :

The appellant No. 1 is a private limited Company incorporated under the Indian Companies Act. The Company had at all relevant times 7 share-holders and the total number of shares subscribed and paid up was 2010 shares. The appellant No. 2 is a shareholder and a whole-time Director of the Company. Co...

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Subhash Chandra Vs. Mohammad Sharit & Ors [1989] INSC 389 (19 December 1989)

Judgement Date : 19 Dec 1989

Citation : 1989 Latest Caselaw 389 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondents claimed to be the owners of the suit property by virtue of a registered sale deed in their favour by one Navinchand, who had purchased the property from his predecessor-in-interest Smt. Raj Rani on 11.8.1952. The appellant's father Misri Lal was her tenant. In 1959 a suit was...

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Trideshwar Dayal & ANR Vs. Maheshwar Dayal & Ors [1989] INSC 390 (19 December 1989)

Judgement Date : 19 Dec 1989

Citation : 1989 Latest Caselaw 390 SC

Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

A dispute between the appellants and respondent No. 1 was referred to an arbitrator who made an award and filed it before the civil court. On objection by the appellants, the prayer for making the award a rule of the court was rejected. On appeal, the High Court confirmed the same. This Court refuse...

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Noorali Babul Thanewala Vs. K.M.M. Shetty & Ors [1989] INSC 391 (20 December 1989)

Judgement Date : 20 Dec 1989

Citation : 1989 Latest Caselaw 391 SC

Headnote :

The Petitioner-landlord filed a suit No. 213 of 1970 for eviction against the first respondent and four others in the court of Civil Judge, Senior Division, Thane. The suit was decreed by the Trial Court. The first respondent alone filed an appeal before the District Court. The appeal was dismissed...

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Frick India Ltd. Vs. Union of India & Ors [1989] INSC 392 (21 December 1989)

Judgement Date : 21 Dec 1989

Citation : 1989 Latest Caselaw 392 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant-company was engaged in the manufacturing of airconditioning and refrigeration equipment under a proper licence. On January 21, 1970 the appellant cleared from the factory cooling coils, condensers and compressors and supplied the same to M/s. Ravi Cold Storage, Ahmedabad for putting up...

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Vimla Bai Vs. Hiralal Gupta & Ors [1989] INSC 393 (22 December 1989)

Judgement Date : 22 Dec 1989

Citation : 1989 Latest Caselaw 393 SC

Headnote :

One Hariba Bhagwat had a son Appaji and daughter Bajabai. Appaji in turn had a son Rakhmaji and a daughter Bhikubai, the plaintiff who had flied a suit for possession and mesne profits of two houses. The suit was decreed by the Trial Court but on appeal reversed by the High Court. The Legal represen...

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Video Electronics Pvt. Ltd. & ANR Vs. State of Punjab & ANR [1989] INSC 394 (22 December 1989)

Judgement Date : 22 Dec 1989

Citation : 1989 Latest Caselaw 394 SC

Central Sales Tax Act, 1956
Constitution of India
Rajasthan Motor Vehicles Taxation Act, 1951

State of Tamil Nadu Vs. Hind Stone [1981] INSC 25 (5 February 1981)
State of Madhya Pradesh Vs. Bhailal Bhai & Ors [1964] INSC 7 (20 January 1964)

Headnote :

A common question of law having arisen for determination in these petitions filed under Article 32 of the Constitution, they are disposed of by a Common Judgment, though the petitioners--dealers are different and carry on their business in different states and have challenged the respective provisio...

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Charan Lal Sahu Vs. Union of India & Ors [1989] INSC 395 (22 December 1989)

Judgement Date : 22 Dec 1989

Citation : 1989 Latest Caselaw 395 SC

Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Fatal Accidents Act, 1855

Headnote :

Union Carbide (India) Ltd. (UCIL) is a subsidiary of Union Carbide Corporation (UCC), a New York Corporation. UCIL was incorporated in India in 1954. 50.99% of its share holding was with UCC and 22% of the shares were held by Life Insurance Corporation of India and Unit Trust of India. UCIL owned...

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Laxmi Narayan Nayak Vs. Ramratan Chaturvedi & Ors [1989] INSC 396 (22 December 1989)

Judgement Date : 22 Dec 1989

Citation : 1989 Latest Caselaw 396 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

M. Narayana Rao Vs. G. Venkata Reddy & Ors [1976] INSC 210 (3 September 1976)
Ramji Prasad Singh Vs. Ram Bilas Jha & Ors [1976] INSC 239 (24 September 1976)
Lakshmi Raman Acharya Vs. Chandan Singh & Ors [1976] INSC 325 (13 December 1976)
Rahim Khan Vs. Khurshid Ahmed & Ors [1974] INSC 136 (8 August 1974)
Mohan Singh Vs. Bhanwarlal & Ors [1963] INSC 197 (3 October 1963)

Headnote :

Elections to the Madhya Pradesh Vidhan Sabha were held in the months of February/March 1985. The appellant and Respondent No. 1 were the contesting candidates from Niwadi Legislative Assembly constituency No. 34. Respondent No. 1 having secured majority of votes, was declared elected on 6.3.1985 to...

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