Caselaw | Supreme Court Judgements of january 1989

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Rup Diamonds & Ors Vs. Union of India & Ors [1989] INSC 1 (2 January 1989)

Judgement Date : 02 Jan 1989

Citation : 1989 Latest Caselaw 1 SC

Constitution of India

Headnote :

Petitioners, a recognised Export House for purposes of the Import-Export Policy, 1982-83 were granted six imprest licences for the import of uncut and unset diamonds with the obligation to fulfil certain export commitment for the export of India, of cut and polished diamonds. They did not seek the r...

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Union of India & Ors Vs. Suksha International and Nutan Gems & ANR [1989] INSC 2 (2 January 1989)

Judgement Date : 02 Jan 1989

Citation : 1989 Latest Caselaw 2 SC

Headnote :

The respondents in the appeals were recognised Export Houses which had been granted Imprest licences for the import of 'uncut' and 'unset' diamonds with certain export obligations attached to them. After the due discharge of the export obligations, the respondents became entitled to...

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Kiran Bedi & Ors Vs. Committee of Inquiry & ANR [1989] INSC 3 (4 January 1989)

Judgement Date : 04 Jan 1989

Citation : 1989 Latest Caselaw 3 SC

Commissions of Inquiry (Central) Rules, 1972
Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
Constitution of India
CrPC Section 346. Procedure where Court considers that case should not be dealt with under section 345
Indian Penal Code, 1860 (IPC)
IPC Section 178. Refusing oath or affirmation when duly required by public servant to make it

Headnote :

A Committee consisting of two Judges of the High Court was constituted by Delhi Administration to enquire into certain incidents in January 1988, involving the lawyers and the police sequel to an alleged incident of a lawyer, being apprehended by the students of a College, and banded over to the pol...

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Kishen Pattnayak & ANR Vs. State of Orissa & ANR [1989] INSC 4 (9 January 1989)

Judgement Date : 09 Jan 1989

Citation : 1989 Latest Caselaw 4 SC

Constitution of India

Headnote :

Two social workers addressed a letter to this Court bringing to its notice the miserable conditions of the people of the district of Kalahandi in the State of Orissa on account of extreme poverty. The said letter was treated as a writ petition. The petitioners in this petition alleged that in the di...

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Pal Singh Vs. Sunder Singh & Ors [1989] INSC 5 (10 January 1989)

Judgement Date : 10 Jan 1988

Citation : 1989 Latest Caselaw 5 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
West Bengal Premises Tenancy Act, 1956

Tej Bhan Madan Vs. Ii Additional District Judge & Ors [1988] INSC 158 (9 May 1988)
Kanta Goel Vs. B.P. Pathak & Ors [1977] INSC 102 (1 April 1977)

Headnote :

In 1947 three rooms and a courtyard in an evacuee's property were given on tenancy to the appellant by the Custodian of Evacuee Property. In 1956 the entire property was jointly purchased by the father of the respondent and a lady. The lady died in 1975 and her legal heirs became the co-landlord...

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State of Uttar Pradesh & Ors Vs. Radhey Shyam Nigam & Ors [1989] INSC 6 (11 January 1989)

Judgement Date : 11 Jan 1989

Citation : 1989 Latest Caselaw 6 SC

Bihar Land Reforms Act, 1950
Land Acquisition Act, 1894
Land Acquisition Act, 1894
U.P. Cinematograph Rules, 1951

Headnote :

The U.P. Legislature enacted in 1973 the Uttar Pradesh Urban Planning and Development Act. On or about 11th Septem- ber, 1974 Lucknow had been declared to be a development area by a notification. The Land Acquisition (Amendment) Act 1984 was made effective from 24th September, 1984. Notifications un...

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Haribans Misra & Ors Vs. Railway Board & Ors [1989] INSC 7 (11 January 1989)

Judgement Date : 11 Jan 1989

Citation : 1989 Latest Caselaw 7 SC

Headnote :

The appellants in the appeal were appointed in or about January, 1959 as Trade Apprentices in Locomotive Component Works. In August, 1961 there was a merger of Locomotive Component Works with Diesel Locomotive Works, as a result of which all the members of the staff of LCW were taken over by DLW. Th...

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P.M. Paul Vs. Union of India [1989] INSC 8 (16 January 1989)

Judgement Date : 16 Jan 1989

Citation : 1989 Latest Caselaw 8 SC

Headnote :

The appellant, a contractor entered into a contract with the respondent for the construction of a building. The contract consisted of two phases. The date of commencement of both the phases was March 10, 1979, the date of comple- tion of Phase I was June 9, 1980 and that of Phase II was November 9,...

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K.B. Daddarajjiappa & Ors Vs. State of Karnataka & Ors [1989] INSC 9 (16 January 1989)

Judgement Date : 16 Jan 1989

Citation : 1989 Latest Caselaw 9 SC

Headnote :

The appellants owned an industrial concern and sought aid from the State Government under the Mysore State Aid to Industries Act, 1951 with a view to improve the industry and develop it further. An application for aid was made to the concerned authorities and the competent authority granted the fina...

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Siddeshwari Cotton Mills (P) Ltd. Vs. Union of India & ANR [1989] INSC 10 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 10 SC

Headnote :

The appellant manufactures cotton fabric on power looms. By virtue of two notifications issued under Rule 8(1) of the Central Excise Rules 1944 unprocessed cotton fabric was exempt from excise duty as also additional duties. Since the appellant was using the process of 'calendering', the...

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Mafatlal Fine Spinning & Mfg. Co. Ltd. Vs. Collector of Central Excise, Bombay [1989] INSC 11 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 11 SC

Central Excises and Salt Act, 1944

Headnote :

Rule 49A of the Central Excise Rules, 1944 provided for payment of different rates of interest on the excise duty on the yarn, payment of which was deferred at the option of the manufacturer till the manufacture and clearance of the fabrics made out of the dutiable yarn, depending on whether cotton...

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State of U.P. & Ors Vs. Maharaja Dharmander Prasad Singh [1989] INSC 12 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 12 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

Section 3 of the Uttar Pradesh Urban Planning and Devel- opment Act, 1973 provides for declaration of an area to be a 'development area' by gazette notification. Section 14(1) of the Act interdicts development of land in such an area by any person or body unless permission has been obtained...

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Bihar State Electricity Board & ANR Vs. Dhanawat Rice and Oil Mills [1989] INSC 13 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 13 SC

Indian Electricity Rules, 1956
Indian Electricity Rules, 1956

Headnote :

Clause 1, of the agreement arrived at between the con- sumerrespondents and the appellant-Electricity Board, pro- vided for constant supply of electrical energy to the con- sumers. Clause 4 provided that even if the consumer does not consume electricity above the minimum guarantee then it will be in...

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Commissioner of Wealth-Tax Vs. Smt. Hashmatunnisa Begum [1989] INSC 14 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 14 SC

Headnote :

In Civil Appeal No. 1118 of 1975 the respondent--asses- see's husband gifted certain lands and buildings to his two spouses by three gift deeds dated 26.4.1962, 26.5.1962 and 17.8.1962. The gifts were chargeable to gift-tax and were accordingly assessed to gift-tax In the assessment year 1963-64...

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Dineshchandra Jamnadas Gandhi Vs. State of Gujarat & ANR [1989] INSC 15 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 15 SC

Headnote :

Rule 23 of the Prevention of Food Adulteration Rules, 1955 prohibits the addition of any colouring matter to an article of food, except as specifically permitted by the rules. Rule 28 interdicts use of coal-tar food colours or a mixture thereof, except those specifically enumerated there- in, in foo...

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Lalji & Ors Vs. State of U.P [1989] INSC 16 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 16 SC

Indian Penal Code, 1860 (IPC)
IPC Section 141. Unlawful assembly
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

The four appellants along with seven other accused were tried under Sections 147, 148 and 302 read with 149 of the Indian Penal Code. The trial Court convicted the eight accused, including the four appellants, under section 302/149 I.P.C. and awarded life imprisonment. Appellants Nos. 1, 2 & 4 w...

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Prithi Chand Vs. State of Himachal Pradesh [1989] INSC 17 (17 January 1989)

Judgement Date : 17 Jan 1989

Citation : 1989 Latest Caselaw 17 SC

Constitution of India
CrPC Section 13. Special Judicial Magistrates
CrPC Section 313. Power to examine the accused

Headnote :

It was alleged that the appellant, a youth of 18 years, forcibly lifted P.W. 1, a girl of tender age of 11, 12 years, took her to a shallow place, and committed rape on her, on account of which she began to bleed profusely; that on hearing the call of P.W. 7 the appellant ran away. A report was lodg...

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Sharad Kumar Tyagi Vs. State of Uttar Pradesh & Ors [1989] INSC 18 (18 January 1989)

Judgement Date : 18 Jan 1989

Citation : 1989 Latest Caselaw 18 SC

Constitution of India
CrPC Section 83. Attachment of property of person absconding

Headnote :

On April 5, 1988 an order of detention was passed against the petitioner in the writ petition under s. 3(2) of the National Security Act. He could not be served with this order and taken into preventive custody as he was abscond- ing. He was treated as an absconder and resort was had to s. 7(2) of t...

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District Collector Chittoor & Ors Vs. Chittoor District Groundnut Traders Association & Ors [1989] INSC 19 (18 January 1989)

Judgement Date : 18 Jan 1989

Citation : 1989 Latest Caselaw 19 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The Essential Commodities Act, 1955 is a Central Enact- ment providing for the control of the production, supply and distribution, trade and commerce in certain specified essen- tial commodities, Section 3 of the Act confers power on the Central Government to provide for regulating or prohibiting th...

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Mugaji Laxman Padule Vs. Trimbak Wasudeo Kulkarni & Ors [1989] INSC 20 (18 January 1989)

Judgement Date : 18 Jan 1989

Citation : 1989 Latest Caselaw 20 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Constitution of India

Headnote :

The appellants are the heirs of one A who was the tenant of the land in question for about three decades before the Bombay Tenancy and Agricultural Land Act, 1948 was enacted. Though he was entitled to purchase the land on satisfaction of certain conditions, it was admitted before the authori- ti...

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Ashok Chand Singhvi Vs. University of Jodhpur & Ors [1989] INSC 21 (18 January 1989)

Judgement Date : 18 Jan 1989

Citation : 1989 Latest Caselaw 21 SC

Headnote :

The appellant was a diploma holder and was serving as an Administrator/Instructor since 1976 in an Engineering Col- lege. In May 1987 he submitted an application to the Univer- sity for study leave for three years to enable him to prose- cute his studies in the B.E. Engineering Degree Course. The St...

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P.L. Shah Vs. Union of India & ANR [1989] INSC 22 (18 January 1989)

Judgement Date : 18 Jan 1989

Citation : 1989 Latest Caselaw 22 SC

Administrative Tribunals Act, 1985

Headnote :

Sub-section (2) of s. 21 of the Administrative Tribunals Act, 1985 empowers the Tribunal not to entertain an applica- tion the grievance in respect of which had arisen beyond three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal became exercisable...

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Auto Tractors Limited, Pratapgarh Vs. Collector of Customs (Appeal), Bombay [1989] INSC 23 (19 January 1989)

Judgement Date : 19 Jan 1989

Citation : 1989 Latest Caselaw 23 SC

Headnote :

Customs Notification No. 200/79 dated 28.9.1979 exempts components required for the manufacture of heavy commercial motor vehicles or of tractors from customs duty in excess of 25 per cent ad valorem and whole of the additional duty leviable thereon. Notification No. 179/ 80 dated 4.9.1980 exempts c...

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Janta Machine Tools Vs. State of U.P. & Ors [1989] INSC 24 (19 January 1989)

Judgement Date : 19 Jan 1989

Citation : 1989 Latest Caselaw 24 SC

Headnote :

The State Government in pursuance of Section 4A of the Act formulated and published a scheme for grant of exemption from Sales Tax, to encourage capital investment and estab- lishment of new industrial units which were established during the period from 1.10.1982 to 31.3.1985 and producing certain c...

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Gujarat Water Supply & Sewerage Board Vs. Unique Erectors (Gujarat) (P) Ltd. & ANR [1989] INSC 25 (24 January 1989)

Judgement Date : 24 Jan 1989

Citation : 1989 Latest Caselaw 25 SC

Code of Civil Procedure, 1908 (CPC)
Interest Act, 1978

Headnote :

In 1978 the State Government undertook the construction of the 'Bhavnagar City Water Supply Scheme', and on 12th January, 1979, two contracts in respect thereof were awarded to respondent No. 1. On 29th March, 1981, respondent No. 1 filed a civil suit with regard to measurements recorded by...

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State of Tamil Nadu Vs. Anandam Viswanathan [1989] INSC 26 (24 January 1989)

Judgement Date : 24 Jan 1989

Citation : 1989 Latest Caselaw 26 SC

Kerala General Sales Tax Act, 1963
Tamil Nadu General Sales Tax Act, 1959

Headnote :

The respondent had entered into contracts with Universi- ties and other educational institutions for printing of question papers for them. In the demand notes prepared the respondent gave the charges for printing, blocks, packing handling, delivery, postal and also value of paper and value of packin...

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Vishwanath Sood Vs. Union of India & ANR [1989] INSC 27 (24 January 1989)

Judgement Date : 24 Jan 1989

Citation : 1989 Latest Caselaw 27 SC

Headnote :

The appellant undertook the construction of a Farmers' Community Centre Building by an agreement entered into with the Union of India and the State of Himachal Pradesh, the respondents in the appeal. The agreement dated June 20, 1968 provided, by Clause 2, for the payment of compensation for...

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Kundan Mal Vs. Gurudutta [1989] INSC 28 (25 January 1989)

Judgement Date : 25 Jan 1989

Citation : 1989 Latest Caselaw 28 SC

Section 111. TPA, Determination of lease.
Transfer of Property Act, 1882

Headnote :

The appellant was inducted into the structure in ques- tion by the owner in 1953. In 1969, the owner died and some dispute arose between his legal representatives and the respondent. The dispute was finally decided in favour of the respondent. The appellant duly recognised him as landlord and starte...

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Ujagar Prints Vs. Union of India & Ors [1989] INSC 29 (27 January 1989)

Judgement Date : 27 Jan 1989

Citation : 1989 Latest Caselaw 29 SC

Constitution of India

Headnote :

On a civil miscellaneous petition for clarification of this Court's judgment dated 4th November, 1988, the Court.

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R.B. Shreeram Durga Prasad & Fatehch and nursing Das Vs. Settlement Commission & ANR [1989] INSC 30 (27 January 1989)

Judgement Date : 27 Jan 1989

Citation : 1989 Latest Caselaw 30 SC

Income Tax Act, 1961

State of Orissa Vs. Dr. (Miss) Binapani Dei & Ors [1967] INSC 33 (7 February 1967)

Headnote :

Sub-section (1) of section 245C of the Income Tax Act, 1961 entitles an assessee, at any stage of the case, to make an application to the Settlement Commission to have his case settled. Sub-section (1) of section 245D requires the Set- tlement Commission, as and when such an application is made to c...

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Bhor Industries Ltd., Bombay Vs. Collector of Central Excise, Bombay [1989] INSC 31 (31 January 1989)

Judgement Date : 31 Jan 1989

Citation : 1989 Latest Caselaw 31 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant is a manufacturer of Crude PVC films for the purpose of use in final products such as leather cloth and laminate jute mattings and PVC tapes both insulation and adhesive. The films manufactured by the appellant were subject matter of adjudication by the Excise authorities during the pe...

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Mohan Meakins Breweries Ltd. Daliganj Lucknow Vs. Controller of Weights and Measures, U.P. Lucknow & Ors [1989] INSC 32 (31 January 1989)

Judgement Date : 31 Jan 1989

Citation : 1989 Latest Caselaw 32 SC

Headnote :

The appellants, were engaged in manufacture and sale of liquor, under licence granted to them under the U.P. Excise Act. They installed vats in their Breweries' premises for the storage of liquor. The liquor stored in vats was bottled and sold under the supervision of officers of the Excise Depa...

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N.P. Verma & Ors Vs. Union of India & Ors [1989] INSC 33 (31 January 1989)

Judgement Date : 31 Jan 1989

Citation : 1989 Latest Caselaw 33 SC

Constitution of India

Headnote :

ESSO Standard Refining Company of India Ltd. and Lube India Ltd. were acquired by the ESSO (Acquisition of Under- takings in India) Act, 1974 and vested in the Hindustan Petroleum Corporation Ltd. In 1978 Caltex Oil Refining India Ltd., another Government company was amalgamated with HPCL. Conseq...

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State of Uttar Pradesh & Ors Vs. Surinder Pal Singh [1989] INSC 34 (31 January 1989)

Judgement Date : 31 Jan 1989

Citation : 1989 Latest Caselaw 34 SC

CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 36. Powers of superior officers of police
Indian Penal Code, 1860 (IPC)
Treasure Trove Act, 1878

The State of Uttar Pradesh & Ors Vs. Babu Ram Upadhya [1960] INSC 227 (25 November 1960)

Headnote :

A First Information Report was lodged against the respondent, who was a Deputy Superintendent of Police, under Section 120B, 203, 218, 342, 392,402 of the Indian Penal Code read with Section 5(2) of the Prevention of CorruPtion Act, 1947 as also under sections 4/20 of the Treasure Trove Act, 1878. T...

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