Caselaw | Supreme Court Judgements of july 1989

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Shivaji Dayanu Patil Vs. State of Maharashtra [1989] INSC 197 (12 July 1989)

Judgement Date : 12 Jul 1989

Citation : 1989 Latest Caselaw 197 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellant faced charges under Section 302 of the I.P.C. for the murder of the deceased. During the trial, the prosecution presented P.W.3, the deceased\'s wife, along with P.Ws. 10, 11, and 12, who were all eyewitnesses. However, except for P.W.3, the other eyewitnesses were declared hostile, le...

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Union of India & Ors Vs. H.N. Kirtania [1989] INSC 198 (12 July 1989)

Judgement Date : 12 Jul 1989

Citation : 1989 Latest Caselaw 198 SC

Headnote :

The individual in question, a Central Government officer, received a transfer order from Calcutta to Jaipur on March 14, 1985, and was relieved of his duties the following day. However, he filed a writ petition in the High Court and secured an interim injunction.Later, the writ petition was moved to...

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Smt. Pujari Bai Vs. Madan Gopal [1989] INSC 199 (12 July 1989)

Judgement Date : 12 Jul 1989

Citation : 1989 Latest Caselaw 199 SC

Headnote :

The Displaced Persons (Compensation and Rehabilitation) Act of 1954 and its accompanying Rules state in Section 10/Rule 68 that the Rehabilitation authorities can grant proprietary rights along with the issuance of a Sanad. However, the authorities under the Consolidation Act have the power to modif...

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Sundarjas Kanyalal Bhatija & Ors Vs. Collector, Thane, Maharashtra & Ors [1989] INSC 200 (13 July 1989)

Judgement Date : 13 Jul 1989

Citation : 1989 Latest Caselaw 200 SC

Constitution of India

Headnote :

On June 19, 1962, the Maharashtra Government released a draft notification under Section 3(3) of the Bombay Provincial Municipal Corporation Act, 1949, proposing the establishment of the \"Kalyan Corporation\" by merging the municipal areas of Kalyan, Ambarnath, Dombivli, and Ulhasnagar.Residents of...

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Gurdial Batra Vs. Raj Kumar Jain [1989] INSC 201 (18 July 1989)

Judgement Date : 18 Jul 1989

Citation : 1989 Latest Caselaw 201 SC

Headnote :

The appellant rented the premises from the respondent landlord to operate a cycle and rickshaw repair shop. The rental agreement did not specify that the appellant was restricted to only conducting repair work in the shop. In addition to the repair business, the appellant also temporarily sold telev...

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Union of India & Ors Vs. North Telumer Colliery & Ors [1989] INSC 202 (19 July 1989)

Judgement Date : 19 Jul 1989

Citation : 1989 Latest Caselaw 202 SC

Coal Mines (Nationalisation) Act, 1973
Coking Coal Mines (Nationalisation) Act, 1972

Headnote :

The Coking Coal Mines (Nationalisation) Act, 1972 (Coke Act) and the Coal Mines (Nationalisation) Act, 1973 (Coal Act) transferred ownership rights of the mines from their owners to the Central Government. These Acts stipulated that compensation would be provided to the former owners after settling...

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Ratan Lal Adukia & ANR Vs. Union of India [1989] INSC 203 (19 July 1989)

Judgement Date : 19 Jul 1989

Citation : 1989 Latest Caselaw 203 SC

Code of Civil Procedure, 1908 (CPC)
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

Headnote :

Under Section 80 of the Indian Railways Act, 1890, before it was amended by the Amendment Act of 1961, the selection of the forum for filing claims for compensation due to loss, destruction, damage, deterioration, or non-delivery of goods transported by the Railways was governed by Section 20 of the...

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Pyare Lal Sharma Vs. Managing Director, Jammu & Kashmir Industries Ltd. & Ors [1989] INSC 204 (19 July 1989)

Judgement Date : 19 Jul 1989

Citation : 1989 Latest Caselaw 204 SC

Constitution of India

Headnote :

According to Regulation 16.14 of the Jammu & Kashmir Industries Employees Service Rules & Regulations, the employment of a permanent employee may be terminated if the position is eliminated or if the employee is deemed medically unfit, provided that three months\' notice or equivalent pay is given....

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Government of India Vs. Citedal Fine Pharmaceuticals Madras &Ors Etc [1989] INSC 205 (20 July 1989)

Judgement Date : 20 Jul 1989

Citation : 1989 Latest Caselaw 205 SC

Constitution of India

Headnote :

The respondents were engaged in the production of various medicinal products and utilized an alcohol-based tincture in their manufacturing process. Following the implementation of the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, they became obligated to pay excise duty and obtain a l...

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Shreeram Finance Corporation Vs. Yasin Khan & Ors [1989] INSC 206 (21 July 1989)

Judgement Date : 21 Jul 1989

Citation : 1989 Latest Caselaw 206 SC

Constitution of India

Headnote :

Under a Hire Purchase agreement made with the appellant, a firm registered under the Partnership Act of 1932 that specializes in the hire-purchase of automobiles, Respondent No. 1 rented a truck owned by the appellant. According to the agreement, Respondent No. 1 was to pay an initial hire charge of...

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Kotaian & ANR Vs. Property Association of Baptist Churches(Pvt.) Ltd. [1989] INSC 207 (21 July 1989)

Judgement Date : 21 Jul 1989

Citation : 1989 Latest Caselaw 207 SC

Headnote :

The appellants were tenants of certain agricultural lands owned by Rev. Rutar Ford Padri and Vandru Padri, who had long since left the country. It was claimed that the land was acquired for the benefit of the American Baptist Formation Society, and the respondents identified themselves as the Proper...

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Supreme Court Employees Welfareassociation Vs. Union of India & ANR [1989] INSC 208 (24 July 1989)

Judgement Date : 24 Jul 1989

Citation : 1989 Latest Caselaw 208 SC

Constitution of India

Headnote :

The appellants were tenants of certain agricultural lands owned by Rev. Rutar Ford Padri and Vandru Padri, who had long since left the country. It was claimed that the land was acquired for the benefit of the American Baptist Formation Society, and the respondents identified themselves as the Proper...

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State of Madhya Pradesh Vs. Narayan Singh & Ors [1989] INSC 209 (25 July 1989)

Judgement Date : 25 Jul 1989

Citation : 1989 Latest Caselaw 209 SC

Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The individuals involved, who were lorry drivers, cleaners, and coolies, were transporting bags of fertilizer in trucks from Indore (Madhya Pradesh) to Maharashtra. They were stopped at a Sales Tax Barrier near the Maharashtra border. The documents taken from the lorry drivers included invoices and...

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Smt. Kasturi Vs. Gaon Sabha [1989] INSC 210 (27 July 1989)

Judgement Date : 27 Jul 1989

Citation : 1989 Latest Caselaw 210 SC

Delhi Land Reforms Act, 1954

Headnote :

The appellant-plaintiff filed a lawsuit seeking a declaration that the inclusion of the contested property in the land records of the respondent-Gaon Sabha, based on its alleged vesting under the Delhi Land and Reforms Act, 1954, was incorrect, invalid, and beyond jurisdiction. Additionally, she sou...

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Jahangirkhan Fazalkhan Pathan Vs. Police Commissioner, Ahmadabad & ANR [1989] INSC 211 (27 July 1989)

Judgement Date : 27 Jul 1989

Citation : 1989 Latest Caselaw 211 SC

Constitution of India
Gujarat Prevention of Anti-Social Activities Act, 1985
National Security Act, 1980

Headnote :

The petitioner was apprehended on October 12, 1988, under Section 1) of the Gujarat Prevention of Anti-Social Activities Act, 1985. He was served with the grounds for his detention and the associated documents on the same day.Previously, the petitioner had been detained in 1985 under the National Se...

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Abdul Razak Nannekhan Pathan Vs. Police Commissioner, Ahmadabad & ANR [1989] INSC 212 (27 July 1989)

Judgement Date : 27 Jul 1989

Citation : 1989 Latest Caselaw 212 SC

Arms Act, 1959
Constitution of India
Gujarat Prevention of Anti-Social Activities Act, 1985
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed

Headnote :

In the current petition, the Petitioner contests the legality and validity of the detention order issued by the Respondent against him under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985. The detenu was arrested and placed in Sabarmati Central Jail on October 5, 1988. Fo...

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Ramesh Chand Vs. Prescribed Authority & ANR [1989] INSC 213 (27 July 1989)

Judgement Date : 27 Jul 1989

Citation : 1989 Latest Caselaw 213 SC

Headnote :

In 1959, the landlord submitted an application under section 3(1) of the U.P. (Temporary) Control of Rent & Eviction Act, 1947, seeking to evict the tenant from the shop. The reason given was that the landlord intended to demolish the existing shops in the building, including the tenant\'s shop, to...

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Reet Mohinder Singh Sekhon Vs. Mohinder Parkash & Ors [1989] INSC 214 (31 July 1989)

Judgement Date : 31 Jul 1989

Citation : 1989 Latest Caselaw 214 SC

Limitation Act, 1963

Headnote :

The appellant is the successor in interest of the mortgagor of the property in question, which was mortgaged on May 22, 1886. Typically, a suit for redemption should have been filed by May 22, 1946, as the limitation period for such a suit is 60 years under the Limitation Act of 1906. However, the a...

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Mahabir Kishore & Ors Vs. State of Madhya Pradesh [1989] INSC 215 (31 July 1989)

Judgement Date : 31 Jul 1989

Citation : 1989 Latest Caselaw 215 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Contract Act, 1872
Limitation Act, 1963
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

The appellant company was awarded contracts for the production and sale of liquor for the year 1959 and for the following period from January 1, 1960, to March 31, 1961, amounting to Rs. 2,56,200 and Rs. 4,71,900 respectively by the Government of Madhya Pradesh, which also imposed a 7.5% charge on t...

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