Caselaw | Supreme Court Judgements of february 1989

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State of Tamil Nadu Vs. Shakti Estates & ANR [1989] INSC 35 (1 February 1989)

Judgement Date : 01 Feb 1989

Citation : 1989 Latest Caselaw 35 SC

Headnote :

The assessee is the respondent in each of the appeals.The firm consisted of 10 individuals who obtained a lease for a reserve forest, allowing them to utilize the forest\'s resources through exploitation. According to the partnership agreement, the firm was to develop and exploit the land. Their acq...

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Abdulla Kabir Vs. Md. Nasiruddin [1989] INSC 36 (1 February 1989)

Judgement Date : 01 Feb 1989

Citation : 1989 Latest Caselaw 36 SC

West Bengal Estates Acquisition Act, 1953
West Bengal Land Reforms Act, 1955
West Bengal Non-Agricultural Tenancy Act, 1949

Headnote :

The respondent submitted a pre-emption application in accordance with section 8 of the West Bengal Land Reforms Act, 1955 to pre-empt a piece of land that was sold to the appellant via a Kobala dated May 16, 1974, by a co-sharer who held a 1/4 interest in the property.The land in question was owned...

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Rashik Lal & Ors Vs. Shah Gokuldas & ANR [1989] INSC 37 (2 February 1989)

Judgement Date : 02 Feb 1989

Citation : 1989 Latest Caselaw 37 SC

Constitution of India

Headnote :

The landlord submitted a petition to evict his tenant, citing willful default in rent payment and a genuine need for the property, as outlined in sub-clauses (ii) and (vi) of Clause 13(3) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949. He claimed that rent was due at the end of...

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Commissioner of Sales-Tax, U.P., Lucknow Vs. Super Cotton Bowl Refilling Works & ANR [1989] INSC 38 (2 February 1989)

Judgement Date : 02 Feb 1989

Citation : 1989 Latest Caselaw 38 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963

Headnote :

The respondent in the appeals was involved in the repair and refilling of cotton bowls on shafts used in calendering machines within the textile industry. A cotton bowl consists of a steel shaft covered with a thick layer of cotton, serving as a crucial component in textile finishing processes. Over...

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Shah Phoolchand Lalchand Vs. Parvathi Bai [1989] INSC 39 (2 February 1989)

Judgement Date : 02 Feb 1989

Citation : 1989 Latest Caselaw 39 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants are tenants of a property owned by the Respondent and have been operating as a partnership in that location. The Respondent initiated an eviction petition against the appellant firm and another firm, claiming that the appellants had unlawfully sub-let the premises to the other firm wi...

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Rajatha Enterprises Vs. S.K. Sharma & Ors [1989] INSC 40 (3 February 1989)

Judgement Date : 03 Feb 1989

Citation : 1989 Latest Caselaw 40 SC

Karnataka Municipal Corporations Act, 1976
Karnataka Town and Country Planning Act, 1961

Headnote :

The Government of Karnataka, through a tender notification dated August 17, 1979, offered a lease for government land measuring 6000 sq. ft. in Bangalore for the construction of a shopping complex and school building, based on a government-approved plan. The lessee was required to build 15 classroom...

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State of Tamil Nadu Vs. Mahi Traders & Ors [1989] INSC 41 (3 February 1989)

Judgement Date : 03 Feb 1989

Citation : 1989 Latest Caselaw 41 SC

Central Sales Tax Act, 1956
Tamil Nadu General Sales Tax Act, 1959

Headnote :

The respondents are traders in hides and skins, dealing primarily in splits and colored leather. Splits refer to the small, irregular pieces cut from raw or tanned hides and skins, either to reduce their thickness or to achieve a uniform shape. Colored leather is produced by dyeing tanned hides and...

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Testeels Ltd. Vs. Union of India [1989] INSC 42 (6 February 1989)

Judgement Date : 06 Feb 1989

Citation : 1989 Latest Caselaw 42 SC

Constitution of India

Headnote :

In 1969, the Government of India publicly announced a scheme for registering contracts that involved deliveries over a minimum period of 12 months, which provided cash assistance for certain exports. In 1970, the scheme\'s scope was broadened to allow cash assistance at the same percentage that was...

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I.T.C. Limited Vs. George Joseph Fernandes & ANR [1989] INSC 43 (6 February 1989)

Judgement Date : 06 Feb 1989

Citation : 1989 Latest Caselaw 43 SC

Headnote :

On March 3, 1971, the Chief Controller of Imports and Exports issued an import license allowing the respondent to import two fishing trawlers, financed by the second respondent, Canara Bank. The respondent negotiated with the appellant for a charter-party agreement regarding these trawlers. On March...

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Smt. Triveniben & Ors Vs. State of Gujarat & Ors [1989] INSC 44 (7 February 1989)

Judgement Date : 07 Feb 1989

Citation : 1989 Latest Caselaw 44 SC

Constitution of India
CrPC Section 366. Sentence of death to be submitted by Court of Session for confirmation
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 303. Punishment for murder by life-convict
IPC Section 320. Grievous hurt.
IPC Section 73. Solitary confinement

Bachan Singh Vs. State of Punjab [1982] INSC 62 (16 August 1982)
Bachan Singh Vs. State of Punjab [1979] INSC 104 (4 May 1979)
Bachan Singh Vs. State of Punjab [1979] INSC 182 (14 September 1979)
State of U.P. Vs. Paras Nath Singh & Ors [1973] INSC 11 (15 January 1973)
Bachan Singh & Ors Vs. State of Punjab & Ors [1971] INSC 56 (18 February 1971)

Headnote :

The defendants were found guilty under Section 302 of the Indian Penal Code and sentenced to death by the trial court. The High Court upheld their conviction and sentence. This Court rejected their special leave petitions and subsequent review petitions. Their mercy petitions to the President and/or...

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Commissioner of Income-Tax, New Delhi (Now Rajasthan) Vs. East West Import & Export (P) Ltd. [1989] INSC 45 (8 February 1989)

Judgement Date : 08 Feb 1989

Citation : 1989 Latest Caselaw 45 SC

Headnote :

According to articles 4, 81, and 82 of the Articles of Association of the respondent company, there were restrictions on shareholders transferring their shares to the public. However, these restrictions were removed during an extraordinary general meeting on March 26, 1951, allowing for the free tra...

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Stree Atyachar Virodhi Parishad Vs. Dilip Nathumal Chordia & ANR [1989] INSC 46 (8 February 1989)

Judgement Date : 08 Feb 1989

Citation : 1989 Latest Caselaw 46 SC

CrPC Section 174. Police to enquire and report on suicide, etc
CrPC Section 227. Discharge
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 306. Abetment of suicide

Headnote :

The victim was found engulfed in flames on the first floor of her in-laws\' home, crying for help just five days after marrying the respondent\'s younger brother. Neighbors rushed to her aid and managed to extinguish the fire, but the household members did not assist her. The respondent was seen des...

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Ghanshyam Das Gupta Vs. Devi Lal & Ors [1989] INSC 47 (8 February 1989)

Judgement Date : 08 Feb 1989

Citation : 1989 Latest Caselaw 47 SC

Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

The appellant was established as a tenant in the disputed building through a lease document. However, since the lease was not executed in compliance with legal requirements, it was deemed ineffective. Following the expiration of the lease, the owner filed a lawsuit seeking to evict the appellant and...

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K. Srinivasa Rao Vs. K.M. Narasimhaiah Gopal Krishna [1989] INSC 48 (9 February 1989)

Judgement Date : 09 Feb 1989

Citation : 1989 Latest Caselaw 48 SC

Headnote :

The appellant was one of eight tenants in a building owned by Respondent No. 1, who initiated eviction proceedings against all tenants, claiming that the building was genuinely needed for immediate demolition and reconstruction as per Section 21(1)(j) of the Karnataka Rent Control Act. In the evicti...

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Income Tax Officer, Azamgarh & ANR Vs. Mewalal Dwarka Prasad [1989] INSC 49 (10 February 1989)

Judgement Date : 10 Feb 1989

Citation : 1989 Latest Caselaw 49 SC

Headnote :

In relation to the assessment year 1965-66, the Income-tax Officer issued notices to the taxpayer under section 148 in conjunction with sections 142(1) and 143(2) of the Act, citing that income had escaped assessment due to three cash credit entries totaling Rs. 1 lakh. The taxpayer contested these...

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A.R. Krishnamurthy & ANR Vs. C.I.T. Madras [1989] INSC 50 (10 February 1989)

Judgement Date : 10 Feb 1989

Citation : 1989 Latest Caselaw 50 SC

Headnote :

The appellant-assessee, a collective of individuals, acquired two parcels of land in 1966. In 1970, they issued a mining lease to a private company (an associated entity) for the extraction of clay for a duration of ten years, charging a premium of Rs. 5 lakhs along with a royalty payment.The Income...

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Commissioner of Income Tax, Lucknow Vs. U.P. Cooperative Federation Ltd. [1989] INSC 51 (10 February 1989)

Judgement Date : 10 Feb 1989

Citation : 1989 Latest Caselaw 51 SC

Income Tax Act, 1961

Headnote :

Clause (iii) of Section 14(3) of the Income Tax Act, 1922 provides an exemption from tax for interest and dividends earned by a cooperative society from its investments in other cooperative societies.The respondent-assessee, which is a central organization comprising various District Cooperative Soc...

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Punjab National Bank Vs. P.K. Mittal [1989] INSC 52 (13 February 1989)

Judgement Date : 13 Feb 1989

Citation : 1989 Latest Caselaw 52 SC

Headnote :

Clause (2) of Regulation 20 of the Punjab National Bank\'s Service Regulations states that no officer may resign from the bank\'s service without providing a written notice of resignation that lasts for three months. However, the proviso allows the competent authority to shorten this notice period o...

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Union Carbide Corporation Vs. Union of India & Ors, [1989] INSC 53 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 53 SC

Headnote :

After thoroughly reviewing the facts and circumstances of the case, the extensive data presented, the relevant materials from the U.S. court proceedings, the various offers and counter-offers exchanged between the parties throughout the different stages of litigation, the intricate legal and factual...

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Collector of Central Excise, Hyderabad. Vs. Chemphar Drugs & Liniments, Hyderabad [1989] INSC 54 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 54 SC

Central Excises and Salt Act, 1944

Headnote :

The respondent-firm produced patent and proprietary (P & P) medicines classified under T.I. 14E, as well as pharmacopeial preparations under T.I. 68 of the Central Excise Tariff, with a total value of Rs. 20,59,338.60, which were cleared between April 1, 1979, and March 31, 1980, without paying duty...

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Deepak Sibal & Ors Vs. Punjab University & ANR [1989] INSC 55 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 55 SC

Constitution of India

Headnote :

The 1988/89 prospectus for the evening classes of the Three-Year LL.B. Degree Course offered by the Department of Laws at Punjab University stated that admission was exclusively available to regular employees of Government, Semi-Government institutions, affiliated Colleges, Statutory Corporations, a...

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Sudarsan Trading Co. Vs. Govt. of Kerala & ANR [1989] INSC 56 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 56 SC

Headnote :

The appellant-contractor was responsible for the construction of several time-sensitive projects. However, the completion of the work was delayed for various reasons.As a result, the contract was terminated at the appellant\'s risk.The disputes that arose between the parties were submitted to the ar...

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Prabha Manufacturing Industrialco-Operative Society Vs. Banwari Lal [1989] INSC 57 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 57 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The appellant society was granted temporary possession of the property in question through a lease from the Custodian of Evacuee Property in March 1949. The allotment letter referred to it as an \'industrial establishment\' identified as an open compound. An inspection report dated January 9, 1951,...

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Commissioner of Income Tax, Culcutta Vs. Karam Chand Thapar & Bros. (P) Ltd. [1989] INSC 58 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 58 SC

Headnote :

In the assessment year 1959-60, the Income Tax Officer rejected the loss claimed by the Respondent-assessee from the sale of certain shares to its affiliated entity, arguing that the sale price was significantly lower than the market quotation and that the intent behind the transactions was to offse...

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Mithilesh Kumari & ANR Vs. Prem Behari Khare [1989] INSC 59 (14 February 1989)

Judgement Date : 14 Feb 1989

Citation : 1989 Latest Caselaw 59 SC

Benami Transactions (Prohibition) Act, 1988
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Criminal Procedure Code, 1973
Indian Penal Code, 1860 (IPC)

Headnote :

The respondent initiated legal proceedings in the Court of Civil Judge, seeking a declaration that he is the sole and rightful owner of the disputed house, and requesting that the appellant be permanently prohibited from transferring the property. The trial court ruled in favor of the respondent. Th...

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India Carat Pvt. Ltd. Vs. State of Karnataka & ANR [1989] INSC 60 (15 February 1989)

Judgement Date : 15 Feb 1989

Citation : 1989 Latest Caselaw 60 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 307. Attempt to murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 506. Punishment for criminal intimidation

Headnote :

The appellant submitted a report to the Commissioner of Police against the second respondent, claiming that he had engaged in cheating and criminal breach of trust. It was asserted that the second respondent, who worked for the appellant as the Divisional Manager (Export-Import), had negotiated with...

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Prof. C.D Tase Vs. University of Bombay & Ors [1989] INSC 61 (16 February 1989)

Judgement Date : 16 Feb 1989

Citation : 1989 Latest Caselaw 61 SC

Constitution of India

Headnote :

The appellant began their role as a Lecturer in 1971 at a college affiliated with Pune University, earning a salary within the range of Rs.300-600 as set by the University Grants Commission. In 1967, the State Government had accepted, in principle, the Government of India Scheme based on the Univers...

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Haridev Misra Vs. Jamunadas Agarwal & Ors [1989] INSC 62 (17 February 1989)

Judgement Date : 17 Feb 1989

Citation : 1989 Latest Caselaw 62 SC

Headnote :

The landlord, who is the respondent, initiated eviction proceedings against the appellant tenant, citing non-payment of rent and the need to recover overdue rent.The landlord claimed that the rent was set at Rs.70 per month, while the tenant argued that the correct amount was Rs.40, asserting that h...

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Bareilly Development Authority & ANR Vs. Ajai Pal Singh & Ors [1989] INSC 63 (17 February 1989)

Judgement Date : 17 Feb 1989

Citation : 1989 Latest Caselaw 63 SC

Constitution of India

Headnote :

The appellant-Authority proposed to register the names of individuals interested in purchasing LIG, MIG, HIG, and EWS type houses or flats. The brochure included a \'General Information Table\' that outlined the types of houses, corresponding income groups, costs, initial payments required, interest...

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Gopal Saran Vs. Satyanarayana [1989] INSC 64 (20 February 1989)

Judgement Date : 20 Jan 1989

Citation : 1989 Latest Caselaw 64 SC

Headnote :

The landlord, as the respondent, initiated an eviction lawsuit against the tenant, the appellant, based on three claims: (1) the tenant had relinquished possession of the shop\'s roof by installing an advertisement board, (2) the installation of the board with iron angles constituted a significant a...

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Smt. Rajendra Kumari & ANR Vs. Smt. Shanta Trivedi & Ors [1989] INSC 65 (20 February 1989)

Judgement Date : 20 Feb 1989

Citation : 1989 Latest Caselaw 65 SC

Headnote :

Appellants 1 and 2 are the wife and daughter, respectively, of the deceased, who lost his life in a road accident while traveling in a hired car that collided with a truck. He died instantly at the age of 25.The appellants submitted a petition to the Motor Accident Claims Tribunal seeking compensati...

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Sailen Krishna Majumdar Vs. Malik Labhu Masih [1989] INSC 66 (21 February 1989)

Judgement Date : 21 Feb 1989

Citation : 1989 Latest Caselaw 66 SC

Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953

Headnote :

The appellant\'s father was posthumously awarded a gallantry medal by the Government, which included a grant of land in the Lyallpur district. This land was allocated to the appellant, who took possession on July 24, 1947. Following the partition of the country, the family relocated to India, where...

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State of Bihar & Ors Vs. Harihar Prasad Debuka [1989] INSC 67 (21 February 1989)

Judgement Date : 21 Feb 1989

Citation : 1989 Latest Caselaw 67 SC

Constitution of India

Headnote :

Exercising the authority granted by sub-section (2-a) of section 31 of the Bihar Finance Act, 1981, the Commissioner of Commercial Taxes in Bihar issued a Notification on December 28, 1985, which adopted Forms XXVIII A and XXVIII B as the required declarations for verifying and assessing the sales t...

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D.P. Sharma & Ors Vs. Union of India & ANR [1989] INSC 68 (21 February 1989)

Judgement Date : 21 Feb 1989

Citation : 1989 Latest Caselaw 68 SC

Union of India & Ors Vs. M. Ravi Varma & Ors [1972] INSC 2 (4 January 1972)

Headnote :

The Armed Forces Headquarters Clerical Service Rules, 1968 were implemented starting March 1968.These rules stipulated that seniority within the service would be based on the date of confirmation. Previously, seniority was determined by length of service, as outlined in various official memoranda fr...

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Subhash Chand Jain Vs. 1st Additional District & Sessions Judges Aharanpur & Ors [1989] INSC 69 (24 February 1989)

Judgement Date : 24 Feb 1989

Citation : 1989 Latest Caselaw 69 SC

Headnote :

The suit filed by the respondent-owners for the recovery of unpaid rent was decided ex-parte when the appellant-tenant did not appear. However, the decree was later set aside on March 24, 1977, following an application from the appellant. On May 30, 1977, the appellant deposited Rs. 2,912, claiming...

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Collector of Central Excise, Madras Vs. Standard Motor Products, [1989] INSC 70 (24 February 1989)

Judgement Date : 24 Feb 1989

Citation : 1989 Latest Caselaw 70 SC

Customs Act, 1962
Limitation Act, 1963

Headnote :

The petitioner-Revenue submitted an application for condonation of delay along with statutory appeals against the judgment/order of the Customs, Excise and Gold Control Appellate Tribunal. This application was denied by a Single Judge of this Court in accordance with Order VI, Rule 2(14) of the Supr...

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Tadur Bala Goud Vs. M. Narayan Reddy & Ors [1989] INSC 71 (27 February 1989)

Judgement Date : 27 Feb 1989

Citation : 1989 Latest Caselaw 71 SC

Headnote :

In the 1984 Lok Sabha elections, the appellant was declared the winner from the Nizamabad Parliamentary Constituency, receiving 251,172 votes compared to Respondent No. 1\'s 248,725 votes. Following this, the First Respondent filed an election petition in the High Court under Sections 80 and 81 of t...

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Adhunik Grah Nirman Sahakari Samiti Ltd. Vs. State of Rajasthan & ANR [1989] INSC 72 (28 February 1989)

Judgement Date : 28 Feb 1989

Citation : 1989 Latest Caselaw 72 SC

Headnote :

Following the achievement of Independence, the leaders of the former princely States of Rajasthan entered into an agreement with the Government of India to unify their States. Article 12 of this agreement addressed the private properties of the rulers of the participating States, with clause (i) sta...

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