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 respondent in each of the appeals is the assessee. It was a firm of 10 individuals. They acquired a reserve forest, by a lease which entitled them to enjoy the usufruct of the forest by its exploitation. The partnership deed provided that the firm will carry on the development and exploitatio...

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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 :

An application for pre-emption was filed under the provisions of section 8 of the West Bengal Land Reforms Act, 1955 by the respondent to pre-empt a plot of land sold to the appellant by a Kobala dated May 16, 1974 by a co-sharer having 1/4 interest in the plot. The land in question was owned by...

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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 filed a petition for eviction of his tenant on the ground of wilful default in payment of rent and bona fide requirement under sub-clauses (ii) & (vi) respectively of Clause 13(3) of the C.P. and Berar letting of Houses and Rent Control Order, 1949. The landlord alleged that the ren...

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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 assessee-respondent in the appeals was engaged in the repairing and refilling of cotton bowls on the shafts which are used as part of calendering machine in the textile industry. The cotton bowl is a shaft made of steel on which a thick layer of cotton is pasted and affixed. It is used in the te...

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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 the premises belonging to the Respondent, and have been carrying on business as a partnership firm in the said premises. The respondent filed an eviction petition against the appellant firm and another firm, on the ground that the appellant had unlawfully and without th...

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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 by a tender notification dated 17 August, 1979 offered for lease Government land measuring 6000 sq. It. in the city of Bangalore for con- struction of a shopping complex-cumschool building on the basis of a plan approved by the Government. The lessee had to construct 15 c...

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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 dealers in hides and skins. They deal among other things in splits and coloured leather. The splits are the cut pieces, small and irregular, obtained in the process of cutting raw or tanned hides and skins either with a view to reduce their thickness or to give them a regular sha...

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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 Govt. of India announced, through public notice a scheme for registration of contracts involving deliveries extending over a period of not less than 12 months for cash assistance m respect of certain exports. The scope of the scheme was extended in 1970, allowing cash assistance at the...

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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 :

Under an import licence dated 3rd March, 1971 issued by the Chief Controller of Imports and Exports the respondent imported two fishing trawlers with the financial assistance of the second respondent Canara Bank. The respondent con- ducted negotiations with the appellant for a charter-party agreemen...

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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 accused were convicted under s. 302 I.P.C. and sentenced to death by the trial court. The High Court con- firmed their conviction and 510 sentence.. This Court dismissed their special leave peti- tions/appeals and subsequent review petitions. Their mercy petitions to the President and/ or Govern...

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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 :

Under articles 4, 81 and 82 of the Articles of Associa- tion of the respondent assessee company there was restric- tion on the transfer of the shares of the company by the shareholders to the other members of the public. These articles were deleted at an extraordinary general meeting of the Company...

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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 deceased was seen in flames on the first floor of her in-laws house crying for help within five days of her marriage with the younger brother of the respondent. While neighbours rushed to her rescue and extinguished the flames, the inmates of the house did not render any such help. The responden...

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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 inducted as a tenant in the building in question under a document of lease. Since the deed was not executed in accordance with the requirements of law, it remained inoperative. After the lease period the owner instituted a suit for eviction of the appellant and for a decree for arr...

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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 the eight tenants in the build- ing belonging to Respondent No. 1, who filed eviction peti- tions against all the 8 tenants on the ground that the building was bona fide required by him for immediate demoli- tion and construction as contemplated under Section 21(1)(j) of the...

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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 respect of assessment year 1965-66, the Income-tax Officer issued notices to the assessee under s. 148 read with ss. 142(1) and 143(2) of the Act on the ground that income has escaped assessment in respect of three cash credit entries totaling Rs. 1 lakh. The assessee challenged the notices by wa...

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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 body of individuals, purchased two pieces of land in the year 1966. In 1970 it granted a mining lease to a private company (an allied concern) to extract clay for a period of ten years at a premium of Rs. 5 lakhs in addition to payment of royalty. The Income-tax Officer...

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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 exempts interest and dividends derived by a cooperative society from its investments with any other cooperative society, from payment of tax. The respondent-assessee, an apex body having as its members various District Co-operative Societi...

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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 Service Regulations of the Punjab National Bank lays down that no officer shall resign from the service of the bank otherwise than on the expiry of three months from the service on the bank of a notice in writing of such resignation. The proviso thereto empowers th...

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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 :

Having carefully considered the facts and circumstances of the case, the mass of data placed before it, the material relating to the proceedings in the Courts in the U.S.A., the offers and counter-offers made between the parties at different stages during the various proceedings, the complex issues...

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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 manufactured patent and proprietary (P & P) medicines failing under T.I. 14E and also pharmaco- poeial preparations falling under T.I. 68 of the Central Excise Tariff of an aggregate value of Rs.20,59,338.60 and cleared the same during the period 1.4.79 to 31.3.80 without pay...

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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 prospectus for the year 1988/89, for admission in the evening classes of the Three-Year LL.B. Degree Course conducted by the Department of Laws of the Punjab Universi- ty, prescribed that admission to evening classes was open only to regular employees of Government/ Semi-Government institutions/...

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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 undertook construction of certain timebound projects. The work, however, could not be completed within the scheduled time due to various reasons. The contract was consequently cancelled at appellant's risk. The disputes arising therefrom between the parties were re...

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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 temporarily allotted the property in question by way of a lease by the Custodian of Evacuee Property in March, 1949. In the allotment letter it was described as an 'industrial establishment' known as open compound. The inspection report dated January 9, 1951 of the...

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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 :

For the assessment year 1959-60, the Income Tax Officer disallowed the loss claimed by the Respondent-assessee, on the sale of certain shares, to its allied concern, on the grounds that the sale price was much below the market quota- tion and that the motive behind the transactions was to set off th...

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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 filed a suit in the Court of Civil Judge, praying that he be declared the sole and real owner of the suit house and that the appellant be permanently restrained from transferring the suit house. The trial court decreed the suit accordingly. The appellant filed an appeal before the Add...

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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 gave a report to the Commissioner of Police against the second respondent, alleging that he had committed the offences of cheating and criminal breach of trust. It was alleged that the second respondent, who was employed by the appellant as its Divisional Manager (Export-Import) had ne...

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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 joined as a Lecturer in 1971, in a College affiliated to Pune University in the scale of Rs.300-600 prescribed by the University Grants Commission. Earlier, in 1967 the State Government accepted in principle the Govern- ment of India Scheme based on recommendations of the Univer- sity...

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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 respondent-landlord filed a suit for eviction of the appellants tenant from the house in question on the ground of failure to pay rent and for realisation of arrears of rent. While the respondent pleaded that the rate of rent was Rs.70 per month, the appellant contended that it was only Rs.40...

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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 offered to register names of intending applications desirous of purchasing LIG, MIG, HIG and EWS type houses/flats. The 'General Information Table' given in the brochure indicated the type of houses, corre- sponding income groups, cost, initial payment to be made, rat...

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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 respondent-Landlord filed a suit for eviction against the appellant-tenant on 3 grounds, namely, (1) that the tenant had parted with possession of the roof of the shop let out to him by putting up an advertisement board, (ii) by fixing the advertisement board on the roof of the shop with iron an...

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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 respective- ly of the deceased who died in a road accident, while trav- elling in a hired car, which collided with a truck. He died on the spot. At the time of his death he was 25. Appellants filed a petition before the Motor Accident Claims Tribunal c...

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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 father of the appellant was conferred a gallantry award posthumously by the Government wherewith a piece of land situated in Lyallpur district was granted to him, and was allotted to the appellant who took possession on July 24, 1947. Consequent to the partition of the country the family migrate...

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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 :

In exercise of the powers conferred by sub-section (2-a) of section 31 of the Bihar Finance Act, 1981 the Commission- er of Commercial Taxes, Bihar issued a Notification dated 28th December, 1985 adopting Forms XXVIII A and XXVIII B as the declaration for the purposes of verification and assess- men...

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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 brought into force with effect from March, 1968. The rules provided that seniority in the service shall be determined on the basis of date of confirmation. Prior to this, the seniority in the cadre of service was required to be deter...

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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 :

Respondent-owners' suit for recovery of arrears of rent was decreed ex-parte when the appellant-tenant failed to appear in the suit; however, on a subsequent application made by him the decree was set aside on 24.3.1977. The appellant made a deposit of Rs.2,912 on 30.5.1977 stating that the said...

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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 :

An application for condonation of delay was filed by the petitioner-Revenue alongwith statutory appeals against the judgment/order of the Customs, Excise and Gold Control Appellate Tribunal. The application was rejected by a Single Judge of this Court under Order VI, Rule 2(14) of the Su- preme Cour...

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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 Lok Sabha elections held in 1984, the appellant was declared elected from the Nizamabad Parliamentary Constitu- ency. He .secured 2,51,172 votes, while Respondent No. 1 got 2,48,725 votes. An election petition under Sections 80 and 81 of the Act was filed in the High Court, by the First Respo...

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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 :

After attainment of Independence, the rulers of the erstwhile princely States of Rajasthan entered into a Cove- nant with the Government of India for integrating their States into one. Article 12 of the said Covenant provided for the private properties of the rulers of the Covenanting States, and cl...

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