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Jaishri Engineering Co. (P) Ltd. Vs. Collector of Central Excise, Bombay [1989] INSC 73 (2 March 1989)

Judgement Date : 02 Mar 1989

Citation : 1989 Latest Caselaw 73 SC

Headnote :

The appellant-company applied for a requisite central excise licence for manufacture of goods falling under Tariff Item 68 and for the purpose of such goods L-4 licence was also furnished and also the requisite ground plans of the factory in which the various goods were manufactured. The excise auth...
Suresh Kumar Vs. Town Improvement Trust, Bhopal [1989] INSC 74 (3 March 1989)

Judgement Date : 03 Mar 1989

Citation : 1989 Latest Caselaw 74 SC

Headnote :

Respondent--Town Improvement Trust Bhopal acquired 152 acres of land in village Jamalpura under section 68 of the Madhya Pradesh Town Improvement Trust Act within the munici- pal limits of Bhopal. That land included 12.62 acres of land belonging to the appellant on which stood a house, a well and so...
Abdul Razak Abdul Wahab Sheikh Vs. S.N. Sinha, Commissioner of Police, Ahmedabad & ANR [1989] INSC 75 (3 March 1989)

Judgement Date : 03 Mar 1989

Citation : 1989 Latest Caselaw 75 SC

Headnote :

The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner's brother under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 and served the same on the detenu, while he was in j...
Food Corporation of India Vs. Joginderpal Mohinderpal [1989] INSC 76 (3 March 1989)

Judgement Date : 03 Mar 1989

Citation : 1989 Latest Caselaw 76 SC

Headnote :

The Respondent entered into a contract with the appel- lant Food Corporation of India on or about May 1979 whereun- der the appellantCorporation was to give to the Respondent Paddy for being shelled/ converted into rice at the rate of 70% of the Paddy. The Paddy was to be lifted from the go- downs o...
Municipal Corporation of Greater Bombay & Ors Vs. Thukral Anjali Deokumar & Ors [1989] INSC 77 (7 March 1989)

Judgement Date : 07 Mar 1989

Citation : 1989 Latest Caselaw 77 SC

Headnote :

There are four Medical Colleges in the City of Bombay, all affiliated to the University of Bombay. Out of four, three colleges are run by the Municipal Corporation and one is run and conducted by the State of Maharashtra. Rule 4A framed by the Municipal Corporation and Rule 5 framed by the State Gov...
State of Maharashtra Vs. Jagannath Achyut Karandikar [1989] INSC 78 (8 March 1989)

Judgement Date : 08 Mar 1989

Citation : 1989 Latest Caselaw 78 SC

Headnote :

Respondents 1 to 8 are Assistant Secretaries/Section Officers/ Superintendents who are working in different departments of the State of Maharashtra. Under the Rules governing their Service conditions the Govt. had prescribed Departmental Examination for promotion to the cadre of Superintendents; the...
Surinder Kumar Vs. Union Territory, Chandigarh [1989] INSC 79 (8 March 1989)

Judgement Date : 08 Mar 1989

Citation : 1989 Latest Caselaw 79 SC

Headnote :

The deceased and his brother P.W. 2 were sharing accom- modation with P.W. 4 as a tenant on the 1st Floor of a house in Chandigarh. The father of the appellant also occupied two rooms on the same floor as a tenant. As a marriage was scheduled in the family of the appellant's father a request was...
Halli Gowda & Ors Vs. Managing Director, K.S.R.T.C. & ANR [1989] INSC 80 (8 March 1989)

Judgement Date : 08 Mar 1989

Citation : 1989 Latest Caselaw 80 SC

Headnote :

The petitioners who had served the respondent--Corpora- tion for long periods on daily wage basis prayed for regularisation of services and grant of time scale pay from their dates of initial appointment on the ground that others similarly placed had been granted these benefits. The Court, after...
Carona Shoe Co. Ltd. & ANR Vs. K.C. Bhaskaran Nair [1989] INSC 81 (9 March 1989)

Judgement Date : 09 Mar 1989

Citation : 1989 Latest Caselaw 81 SC

Headnote :

The appellants are tenants. The premises in dispute is a shop building bearing No. T.C. 887, M.G. Road, Pazhavangadi, Trivandrum, part of a Pucca three storeyed building owned by one M.P. Phillip. As per the settlement the shop in dispute devolved on one of his sons, while the shop was in the posses...
State of Maharashtra & ANR Vs. Salem Hasan Khan [1989] INSC 82 (9 March 1989)

Judgement Date : 09 Mar 1989

Citation : 1989 Latest Caselaw 82 SC

Headnote :

An externment order was passed against the respondent under section 56 of the Bombay Police Act on the ground that he was found to be frequently engaged in illegal business of narcotics and was also involved in several cases of riot and criminal intimidation. The respondent filed an appeal under sec...
Mewa Ram Kanojia Vs. All India Institute of Medical Sciences & Ors [1989] INSC 83 (9 March 1989)

Judgement Date : 09 Mar 1989

Citation : 1989 Latest Caselaw 83 SC

Headnote :

The petitioner was initially appointed in the year 1967 to the post of 'Teacher Co-ordinator' in the pay scale of Rs.210-425 in a Research Project funded by the Indian Coun- cil of Medical Research. As the unit where the petitioner was employed was taken over by the All India Institute of Me...
Rubber House Vs. Excellsior Needle Industries Pvt. Ltd. [1989] INSC 84 (10 March 1989)

Judgement Date : 10 Mar 1989

Citation : 1989 Latest Caselaw 84 SC

Headnote :

This is a tenant's appeal filed after obtaining Special Leave from the Court. The Respondent-landlord of tenanted premises (i.e. two sheds) filed a petition for ejectment of the appellant from the premises in question before the Rent Controller. According to the Respondent-landlord the monthly r...
A.B.C. Laminart Pvt. Ltd. & ANR Vs. A.P. Agencies, Salem [1989] INSC 85 (13 March 1989)

Judgement Date : 13 Mar 1989

Citation : 1989 Latest Caselaw 85 SC

Headnote :

The first appellant is a manufacturer and supplier of metallic yarn under the name and style "Raplon Mettal ic Yarn" having its registered office at Udyognagar, Mohamad a- bad, Gujarat within the jurisdiction of the civil court at Kaira. The second appellant is the sister concern of t he f...
Munshi Singh & Ors Vs. Smt. Sohan Bai [1989] INSC 86 (13 March 1989)

Judgement Date : 13 Mar 1989

Citation : 1989 Latest Caselaw 86 SC

Headnote :

One Hazari Singh died in November 1918 leaving behind his widow Smt. Mam Kaur and two daughters viz., Smt. Pan Bai and Smt. Sohan Bai. The widow inherited the agriculture properties of her husband. The present appeals have arisen out of the two suits filed by the two daughters aforesaid claiming the...
State of Andhra Pradesh & Ors Vs. G. Sreenivasa Rao & Ors [1989] INSC 87 (13 March 1989)

Judgement Date : 13 Mar 1989

Citation : 1989 Latest Caselaw 87 SC

Headnote :

The common question that arose for decision by this Court in these groups of matters is whether payment of less salary to a senior than his junior in the same cadre having the same scale of pay is violative of the principle of "equal pay for equal work" enshrined in Article 39(d) read with...
Union of India Vs. Parma Nand [1989] INSC 88 (14 March 1989)

Judgement Date : 14 Mar 1989

Citation : 1989 Latest Caselaw 88 SC

Headnote :

The respondent, in the appeal, was in-charge of preparing the pay bills of the employees of the Beas Sutlej Link Project. He, along with other two employees, was charged with the fraudulent act of withdrawal of Rs.238.90 by pr e- paring a bogus pay bill and identity card in the name of a fictitious...
Union of India & Ors Vs. N.S. Sekhawat & Ors [1989] INSC 89 (14 March 1989)

Judgement Date : 14 Mar 1989

Citation : 1989 Latest Caselaw 89 SC

Headnote :

Central Reserve Police Force comprises of officers drawn from two channels, direct recruits and Emergency Commissioned Officers (ECOs). There was dispute regarding fixation of inter se seniority of these officers which was ultimately resolved by the Delhi High Court by the judgment under appeal. The...
Ayurveda Pharmacy & ANR Vs. State of Tamil Nadu [1989] INSC 90 (15 March 1989)

Judgement Date : 15 Mar 1989

Citation : 1989 Latest Caselaw 90 SC

Headnote :

Arishtams and Asavas are Ayurvedic preparations which were originally subject to a uniform levy applicable to a ll medicinal preparations belonging to the different systems of medicine under the Tamil Nadu General Sales Tax Act, 195 9. Firstly by a notification dated 4.3.1974, and later, by t he...
Mrs. Arundhati Balkrishna Vs. Commissioner of Income Tax [1989] INSC 91 (15 March 1989)

Judgement Date : 15 Mar 1989

Citation : 1989 Latest Caselaw 91 SC

Headnote :

The appellant was an assessee who derived income from a Trust. For assessment years 1964-65 and 1966-67 the Income Tax Officer disallowed deduction of two mounts claimed as interest paid by the Trust for amounts withdrawn from an Estate Account for investment on the ground that a portion of the amou...
Chhagan Bagwan Kahar Vs. N.L. Kalna & Ors [1989] INSC 92 (16 March 1989)

Judgement Date : 16 Mar 1989

Citation : 1989 Latest Caselaw 92 SC

Headnote :

With a view to preventing the petitioner detenu from acting in any manner prejudicial to the maintenance of public order, an order of detention was passed against him by the Comissioner of Police, Surat City, under section 3(2) of the Gujarat Prevention of Anti-social Activities Ac t, 1985. The grou...
Dharamdas Shamlal Agarwal Vs. Police Commissioner & ANR [1989] INSC 93 (16 March 1989)

Judgement Date : 16 Mar 1989

Citation : 1989 Latest Caselaw 93 SC

Headnote :

The petitioner was detained under an order dated 17 th September, 1988 made by the detaining authority under sub s. (2) of s. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The gr...
All India Democratic Women's Association Andjanwadi Samiti Vs. Union of India & Ors [1989] INSC 94 (17 March 1989)

Judgement Date : 17 Mar 1989

Citation : 1989 Latest Caselaw 94 SC

Headnote :

By an ex-parte order made in the writ petition on 9 th September, 1988, the Court prohibited respondent No. 2, t he management of the Sri Rani Satiji's Mandir, from performing Chunri ceremony within the temple and directed the entire collection of money to be separately accounted for and deposit...
Supreme Court Legal Aid Committee Vs. Union of India & Ors [1989] INSC 95 (17 March 1989)

Judgement Date : 17 Mar 1989

Citation : 1989 Latest Caselaw 95 SC

Headnote :

Pursuant to the directions made by the Supreme Court, with a view to providing relief to delinquent childr en detained in jails, in 1986 the District Judges of the entire country supplied the particulars of under trial and convicted children found in regular jails within their jurisdi c- tion. With...
Commissioner of Wealth Tax Bombay& ANR Vs. Mrs. Kasturbai Walchand & Ors [1989] INSC 96 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 96 SC

Headnote :

Sub-s. (1) of s. 25 of the Wealth Tax Act, 1957 investing the Commissioner with the power to revise an order passed by any authority subordinate to him stipulates in c l. (b) of the proviso thereto that the power of revision shall not extend to an order which is the subject of an appeal before the A...
Kothandran Spg. Mills Pvt. Ltd. & ANR Vs. Union of India & Ors [1989] INSC 97 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 97 SC

Headnote :

Petitioner No. 1, Kothandran Spg. Mills Pvt. Ltd., w as taken over under the provisions of the Sick Textile Unde r- takings (Taking Over of Management) Act, 1972 and possession of the mill was taken by the National Textile Corporation, respondent No. 2. Subsequently, the Sick Textile Underta k- ings...
Jayantbhai Manubhai Patel & Ors Vs. Arun Subodhbhai Mehta & Ors [1989] INSC 98 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 98 SC

Headnote :

Appellants Nos. 1 and 2 were elected on June 30, 1987 as Mayor and Deputy Mayor respectively of the Municipal Corp o- ration of Bhavnagar, Gujarat for a period of one year. On May 21, 1988 a notice was issued by them for convening a meeting of the members of the Corporation on June 1, 1988 to ele...
Paluru Ramkrishnaiah & Ors Vs. Union of India & ANR [1989] INSC 99 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 99 SC

Headnote :

The petitioners in the writ petitions were appointed as Supervisors Grade 'A' in various ordnance factories between 1962 and 1966, in pursuance of circular dated 6th November, 1962 issued by the Director General of Ordnance Factories. The circular further provided for promotion from Super...
Shubhlaxmi Mills Limited Vs. Additional Commissioner of Income-Tax, Gujarat [1989] INSC 100 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 100 SC

Headnote :

Sub-s. (1) of S. 33 of the Income Tax Act, 1961 provides that subject to the provisions of s. 34 thereof development rebate may be claimed as a deduction in respect of a new machinery or plant. Clause (a) of sub-s. (3) of s. 34 stipulates that the said deduction shall not be allowed unless an amount...
Shakuntalabai & ANR Vs. L.V. Kulkarni & ANR [1989] INSC 101 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 101 SC

Headnote :

This is defendants' appeal arising out of a suit for partition. One Mallappa Kulkarni had two sons: Veerappa and Gurappa. Verrappa is survived by his son Lingappa. Gurappa, who was in the service of Railways married Channavva (first wife) on 16.2.28 but since she remained issueless, he remarr...
Roop Chand Vs. Gopi Chand Thalia [1989] INSC 102 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 102 SC

Headnote :

The appellant/tenant took on lease a building from the respondent. In the Deed of Rent there was an express provision that the tenant should not sublet the premises to anyone. However, shortly thereafter a social club came to be opened in the premises, where members played cards, chess etc. every ev...
Commissioner of Income Tax, Bombay Vs. Rasiklal Maneklal & Ors [1989] INSC 103 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 103 SC

Headnote :

Sub-s. (1) of s. 12B of the Indian Income Tax Act, 1922 provides that tax shall be payable by an assessee under the head "Capital gains" in respect of any profits or gains arising from the sale, exchange, relinquishment or transfer of a capital asset. The respondent-assessee who owned 9...
Ram Prasad Yadav & Ors Vs. Chairman, Bombay Port Trust & Ors [1989] INSC 104 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 104 SC

Headnote :

In May 1985, some of the hutments in the Bombay Port Trust lands were cleared by the Port Trust and these hut- ments were demolished. The petitioners filed a writ petition in the Bombay High Court for restraining the Bombay Port Trust from carrying out any further demolition of the hut- ments. The w...
Bansidhar & Ors Vs. State of Rajasthan & Ors [1989] INSC 105 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 105 SC

Headnote :

Chapter III-B of the Rajasthan Tenancy Act, 1955 pr e- scribing a ceiling on holdings of agricultural lands, and cl.(6A) of s. 5, defining 'ceiling area' were introduced into the Act by the Rajasthan Tenancy (Amendment) Act, 196 0. The notified date under the 1955 Act was 153 1.4.1966. Su...
Smt. Lata Kamat Vs. Vilas [1989] INSC 106 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 106 SC

Headnote :

A decree in favour of the respondent-husband was grant ed by the Trial Court declaring his marriage with the appellant to be a nullity under section 12(1)(d) of the Hindu Marriage Act, 1956 on the ground that the wife at the time of marriage was pregnant by some one other than the respondent. In...
Lachhman Dass Vs. Ram Lal & ANR [1989] INSC 107 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 107 SC

Headnote :

By an agreement dated 7 March, 1974, both the appellant and the respondent-Ram Lal appointed an arbitrator to adjudicate through arbitration their disputes about a plot of land. The arbitrator gave his award on 22 May 1974 stating, inter alia, that the land in dispute was in the joint name of the ap...
Smt. Chandrakantaben Vs. Vadilal Bapalal Modi & Ors [1989] INSC 108 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 108 SC

Headnote :

Respondent No. 1 in the appeals instituted a suit for partition against his younger brothers and sisters, and the heirs of his deceased brothers. The plaintiff was the eldest among the brothers and sisters. The 1st and 2nd Defendants were his brothers, the 3rd Defendant his sister, the 4th and 5th D...
S. Rangarajan Etc Vs. P. Jagjivan Ram [1989] INSC 109 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 109 SC

Headnote :

The appellant, S. Rangarajan is a film producer. He produced a Tamil film "Ore Oru Gramathile" and applied for certificate for exhibition of the film. The examination committee upon seeing the film refused to grant the Certifi- cate but on a reference being made to the 2nd Revising Committ...
Vatan Mal Vs. Kailash Nath [1989] INSC 110 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 110 SC

Headnote :

Appellant herein was a lessee of the Respondent in respect of a shop since 1961, at a monthly rent of Rs.25 later increased to Rs.30 and in addition to the said rent, he was to pay house tax to the municipality. Respondent- landlord filed a suit for eviction against the appellant on the ground of de...
Jammu & Kashmir State Forest Corporation Vs. Abdul Karim Wani [1989] INSC 111 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 111 SC

Headnote :

The appellant, a Corporation was created under the Jammu functions was to undertake the removal and disposal of trees and exploitation of the forest resources entrusted to it by the Government. The Corporation took a decision for the extraction of timber of a total volume of 10.08 lakh c. ft....
Lt. Colonel K.D. Gupta Vs. Union of India & Ors [1989] INSC 112 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 112 SC

Headnote :

The appellant has filed a contempt petition against the Respondents, alleging that the directions dated 20.4.1988 of this Court, have not been complied with. The Respondents were directed to reconsider the case of the appellant for promotion on the basis that his medical category continues to be...
Gujarat Electricity Board & Anr Vs. Atmaram Sungomal Poshani [1989] INSC 113 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 113 SC

Headnote :

The respondent joined service as technical assistant with the Gujarat State Electricity Board and was later promoted to the post of Deputy Engineer. While he was posted at Surat he was transferred to Ukai Sub-division under the order of the Superintending Engineer dated 29th March, 1974 and he was r...
Builders Association of India & Ors Vs. Union of India & Ors [1989] INSC 114 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 114 SC

Headnote :

The petitioners in the writ petition are building contractors engaged in the business of constructing buildings, factories, bridges etc. They have challenged the levy of sales tax, by the concerned State Governments under the sales tax laws passed by them, on the turnover . of the works contracts en...
Alembic Chemical Works Co. Ltd. Vs. Commissioner of Income Tax, Gujarat [1989] INSC 115 (31 March 1989)

Judgement Date : 31 Aug 1989

Citation : 1989 Latest Caselaw 115 SC

Headnote :

The appellant-assessee, a company engaged in the manu- facture of penicillin, in order to increase its production, entered into an agreement with a Japanese firm (Meiji) for supply of sub-cultures of penicillin producing strains, technical know-how, training, written description of the process on a...
Collector of Central Excise, Hyderabad Vs. Jayant Oil Mills Pvt. Ltd. [1989] INSC 116 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 116 SC

Headnote :

The question that arises for determination in the ap- peals is whether the hydrogenated rice bran oil manufactured by the Respondents, could, as claimed by them, be classified under Tariff Item No. 12. Respondent herein manufacture hydrogenated rice bran oil, which is used as raw material in the...
Kali Prasad Agarwalla & Ors Vs. Bharat Coking Coal Limited & Ors [1989] INSC 117 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 117 SC

Headnote :

Section 3 of the Bihar Land Reforms Act, 1950 provided for vesting an estate or tenure in the State. Section 2(h) of the Coal Mines (Nationalisation) Act, 1973 defines a 'mine, to mean any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being...
Gouranga Chakraborty Vs. State of Tripura & ANR [1989] INSC 118 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 118 SC

Headnote :

The appellant was enrolled as a Constable in the BSF and was serving as such since 1966. He was confirmed in the said post. In 1971, he was granted leave from October :25, 1971 to October 30, 1971 on account of the death of his father. As the Shrad ceremony could not be performed within the afore...
Jackson Co-Operative Credit Society Limited Vs. Co-Operative Banks & Societies Employees Federation & Ors [1989] INSC 119 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 119 SC

Headnote :

The appellant--Co-operative Society has filed this appeal by special leave against the High Court's order passed in a writ petition filed by it whereby the High Court set aside the award of the Industrial Tribunal. The High Court in the impugned order held that the appellant is liable to pay to...
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