Caselaw | Supreme Court Judgements of may 1989

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Sunil Fulchand Shah Vs. Union of India & Ors [1989] INSC 153 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 153 SC

Constitution of India

Smt. Poonam Lata Vs. M.L. Wadhawan & Ors [1987] INSC 128 (22 April 1987)
State of Gujarat Vs. Ismail Juma & Ors [1981] INSC 184 (23 October 1981)

Headnote :

The petitioner submitted a writ petition and a special leave petition contesting the detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The respondents argued that the duration of detention specified in the order was not fixed; rather,...

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Baldev Raj Sharma Vs. Bar Council of India & Ors [1989] INSC 154 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 154 SC

Advocates Act, 1961
Bar Council of India Rules, 1975
Constitution of India

Headnote :

Sub-clause (iii) of clause (c) of section 24(1) of the Advocates Act, 1961 allows an individual to be admitted as an advocate on a State roll if they have earned a law degree after March 12, 1967, following three years of legal study.According to sub-clause (iii) of clause (c), a person qualifies fo...

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Meenakshi Malik Vs. University of Delhi & Ors [1989] INSC 155 (1 May 1989)

Judgement Date : 01 Jan 1989

Citation : 1989 Latest Caselaw 155 SC

Constitution of India

Headnote :

The petitioner was born and completed her education up to class IX in Delhi. In 1982, she moved to Nigeria with her parents, where her father was on deputation. While there, she successfully completed the General Certificate of Education Ordinary Level, administered by the University of London, whic...

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Assam Rifles Multi-Purpose Co-Operative Society Ltd. & ANR Vs. Union of India & ANR [1989] INSC 156 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 156 SC

Constitution of India

Headnote :

The petitioners, consisting of the Assam Rifles Multi-purpose Cooperative Society and its Vice-Chairman, a retired military officer, submitted a writ petition to this Court seeking directives for the respondents to implement a scheme approved by the Government of India. This scheme aims to settle re...

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Hari Dutt Bhardwaj Vs. Haryana State Agriculture Marketing Board, Punchkula & ANR [1989] INSC 157 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 157 SC

Headnote :

The respondent, the Marketing Board, entered into a contract with the appellant for the construction of their office building. The contract specified that the Superintending Engineer of the Marketing Board would serve as the sole Arbitrator in the event of a dispute.A dispute arose concerning the co...

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Commissioner of Income-Tax, Lucknow Vs. Bazpur Co-Operative Sugar Factory Ltd. [1989] INSC 158 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 158 SC

Income Tax Act, 1961

Headnote :

The respondent-assessee is a cooperative society that operates a sugar mill. To encourage its members to contribute more to its capital, it established a bye-law for a \'Loss Equalisation & Capital Redemption Reserve Fund\'. Each producer-shareholder was required to deposit an annual amount into thi...

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Smt. Annapoorani Ammal Vs. G. Thangapalam [1989] INSC 159 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 159 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant acquired the property in question through a registered sale deed dated December 27, 1950, for a sum of Rs. 7,000. Subsequently, on January 1, 1951, the respondent signed a rental agreement with the appellant, recognizing her as the landlady at a monthly rent of Rs. 80.The appellant\'s...

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Mahesh Travels & Tours & ANR Vs. Commissioner of Police & Ors [1989] INSC 160 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 160 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Indian Ports Act, 1908
Port of Bombay Passenger Boats Rules, 1962

Headnote :

The appellants were providing launch services for recreational rides, film shoots, and similar activities from Apollo Pier or Gateway of India to Elephanta Island in Bombay. Respondent 7 was a cooperative association of launch owners also engaged in these activities. The association\'s members opera...

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K. Saraswathy Alias K. Kalpana Vs. P.S.S. Somasundaram Chettiar [1989] INSC 161 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 161 SC

Headnote :

The appellant initiated a civil lawsuit in the High Court seeking specific performance of a contract for the sale of the disputed property by the respondents. The High Court ruled that the appellant was responsible for settling the mortgage and ordered her to deposit Rs.3.5 lakhs with interest in Co...

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Assistant Collector of Central Excise & Ors Vs. Madras Rubber Factory Ltd. [1989] INSC 162 (1 May 1989)

Judgement Date : 01 May 1989

Citation : 1989 Latest Caselaw 162 SC

Headnote :

The petitioners, representing the revenue, submitted petitions to review the judgment and order issued by this Court on December 20, 1986. The respondent-manufacturers opposed this, arguing that the finality of the judgment should be preserved and not altered lightly.Upon granting the review petitio...

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Union of India & Ors Vs. Playworld Electronics Pvt. Ltd. & ANR [1989] INSC 163 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 163 SC

Headnote :

The respondent company was involved in manufacturing wireless receiving sets, tape recorders, and tape players, which were subject to assessment under Tariff Items 33A and 37AA of the Central Excise Tariff. In the classification and price lists submitted by the respondent company, these products wer...

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Kesho Ram & Co. & Ors Vs. Union of India & Ors [1989] INSC 164 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 164 SC

Constitution of India
East Punjab Urban Rent Restriction Act, 1949

Headnote :

The appellants/petitioners are tenants residing in buildings located within the Urban Territory of Chandigarh. These buildings, occupied by the tenants, were exempted from the provisions of section 13 of the East Punjab Urban Rent Restriction Act 1949 for a duration of five years, as per the notific...

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Gujarat Travancore Agency, Cochin Vs. Commissioner of Income-Tax,Kerala, Ernakulam [1989] INSC 165 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 165 SC

Income Tax Act, 1961

Headnote :

The appellant did not submit its income tax returns for the assessment years 1965-66 and 1966-67 within the required timeframe as stipulated by the Income Tax Act, 1961. The returns were only filed after the assessee received notices under section 139(2) of the Act. Consequently, the Income Tax Offi...

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Electronics Corporation of India Ltd. Vs. Commissioner of Income Tax & ANR [1989] INSC 166 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 166 SC

Income Tax Act, 1961

Headnote :

The appellant company entered into a contract with a Norwegian firm, which was to provide technical expertise and services, including training facilities for the appellant\'s personnel related to computer manufacturing, for a fee of NOK 32 million, approximately equivalent to Rs. 575 lakhs.The appel...

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Controller of Estate Duty, Gujarat I, Ahmadabad. Vs. M.A. Merchant [1989] INSC 167 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 167 SC

Headnote :

The individuals responsible for the estate filed returns under the Estate Duty Act of 1953, and an assessment was conducted by the Deputy Controller of Estate Dutyâ€”Appellant on February 26, 1960.The Estate Duty (Amendment) Act of 1958 repealed the original sections 56 to 65. Section 59, which repl...

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Lakhanpal National Ltd. Vs. M.R.T.P. Commission & ANR [1989] INSC 168 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 168 SC

Headnote :

The MRTP Commission, as the respondent in the appeal, issued a show cause notice under Section 36-B of the Monopolies and Restrictive Trade Practices Act, 1969, to the appellant company. This notice informed the company that an inquiry had been initiated to determine whether it was engaging in certa...

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Kamala Devi Budhia & Ors Vs. Ram Prabha Ganguli & Ors [1989] INSC 169 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 169 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The respondents in question have occupied the leased property under a registered lease for 20 years, which was set to expire on July 31, 1971. On July 16, 1971, they issued a notice to the appellants asserting their right to remain in possession as month-to-month tenants after the lease expired. The...

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Federation of Hotel & Restaurant Association of India, Vs. Union of India & Ors [1989] INSC 170 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 170 SC

Constitution of India

Headnote :

The Expenditure Tax Act of 1987 proposed a 10% ad valorem tax on chargeable expenditures incurred in hotels where room rates were Rs. 400 per day per individual. Section 5 of the Act defined chargeable expenditure to encompass costs incurred or payments made in these hotels related to the provision...

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Express Hotels Private Limited Vs. State of Gujarat & ANR [1989] INSC 171 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 171 SC

Constitution of India

Headnote :

Clause (a) of section 2 of the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977, defines \"charges for lodging\" to encompass fees for air conditioning, telephone, television, radio, music, extra beds, and similar services. The accompanying Explanation states that the State Government\'...

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Elel Hotels And Investments Limited& ANR Vs. Union of India [1989] INSC 172 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 172 SC

Constitution of India
Government of India Act, 1935

Headnote :

The Hotel Receipts Tax Act of 1980 was enacted on December 9, 1980. This legislation introduced a special tax of 15% on the gross receipts of specific hotels, applicable when the daily room charges for residential accommodation exceeded Rs. 75 per person during the previous year. The tax was effecti...

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Union of India & Ors Vs. Hind Lamp Ltd. [1989] INSC 173 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 173 SC

Headnote :

The respondent company, which manufactures electric lamps, fluorescent lamps, and miniature lamps, sold all of its products to five customer companies: (a) Bajaj Electricals Ltd., (b) Philips India Ltd., (c) Crompton Greaves Ltd., (d) General Electric Co. of India Ltd., and (e) Mazda Lamps Co. Ltd....

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Union of India & Ors Vs. Purolator India Ltd. [1989] INSC 174 (2 May 1989)

Judgement Date : 02 May 1989

Citation : 1989 Latest Caselaw 174 SC

Headnote :

The respondent company, which manufactures filters, sold its products to customers under various brand names. It reported its assessable value based on the selling price of the goods. The respondent challenged Show Cause Notices that demanded the assessable value be calculated based on the prices at...

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Narendra Kumar Maheshwari Vs. Union of India & Ors [1989] INSC 175 (3 May 1989)

Judgement Date : 03 May 1989

Citation : 1989 Latest Caselaw 175 SC

Capital Issues (Control) Act, 1947

Headnote :

Reliance Industries Ltd. (RIL) and Reliance Petrochemicals Industries Ltd. (RPL) are affiliated companies within the extensive industrial conglomerate known as the Reliance Group, with RIL being the promoter of RPL. RPL was established on January 11, 1988, and operates as a wholly-owned subsidiary o...

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Asif Hameed & Ors Vs. State of Jammu & Kashmir & Ors [1989] INSC 176 (3 May 1989)

Judgement Date : 03 May 1989

Citation : 1989 Latest Caselaw 176 SC

Constitution of India

Headnote :

Several unsuccessful applicants for the MBBS/BDS program at the two Government medical colleges in Jammu & Kashmir for the 1988-89 academic year challenged the selection process in the High Court of Jammu and Kashmir. They argued that the selection violated the High Court\'s directives in the case o...

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Maharana Mills Pvt. Ltd. Vs. Income Tax Tribunal, Ahmadabad & Ors [1989] INSC 177 (3 May 1989)

Judgement Date : 03 May 1989

Citation : 1989 Latest Caselaw 177 SC

Constitution of India

Headnote :

The appellant-assessee is a company engaged in the manufacturing and sale of textiles in Porbunder, which was previously a princely state in Saurashtra, Gujarat. Prior to 1948, the former Porbunder State did not impose any income tax. In 1949, Porbunder merged into the newly established Saurashtra S...

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Raipur Development Authority Vs. Chokhamal Contractors [1989] INSC 178 (4 May 1989)

Judgement Date : 04 May 1989

Citation : 1989 Latest Caselaw 178 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Contract Act, 1872
Section 28. Agreements in restrain of legal proceedings, void

Headnote :

The primary question presented in these cases, which has been referred to this larger Bench, is whether an award issued under the Arbitration Act of 1940 can be either remitted under section 16(1)(c) of the Act or set aside under section 30(c) solely on the basis that the arbitrator or umpire did no...

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Union Carbide Corporation Vs. Union of India [1989] INSC 179 (4 May 1989)

Judgement Date : 04 May 1989

Citation : 1989 Latest Caselaw 179 SC

Headnote :

The Bhopal Gas Leak Tragedy, which took place at midnight on December 2, 1984, when toxic chemical fumes escaped from the appellant\'s factory, stands as one of the most significant industrial disasters in history. It resulted in the immediate loss of 2,600 lives and left tens of thousands of Bhopal...

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Takhatry Shivadattray Mankad Vs. State of Gujarat [1989] INSC 180 (5 May 1989)

Judgement Date : 05 May 1989

Citation : 1989 Latest Caselaw 180 SC

Constitution of India

Headnote :

This appeal challenges the order of the Gujarat High Court, which upheld the decision made by the State of Gujarat on November 15, 1977, to reduce the gratuity and pension amounts payable to the appellant upon retirement by 50 percent.The appellant was born on January 15, 1909, and after earning a B...

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Gujarat Steel Tubes Ltd. Vs. State of Kerala & Ors [1989] INSC 181 (5 May 1989)

Judgement Date : 05 May 1989

Citation : 1989 Latest Caselaw 181 SC

Kerala General Sales Tax Act, 1963

Headnote :

The appellant company was engaged in the production and sale of black and galvanized steel tubes and pipes. During the assessment proceedings for the fiscal years 1982-83 and 1983-84 under the Kerala General Sales Tax Act, 1963, the appellant argued that the galvanized pipes it manufactured were cla...

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N. Abdul Basheer & Ors Vs. K.K. Karunakaran & Ors [1989] INSC 182 (5 May 1989)

Judgement Date : 05 May 1989

Citation : 1989 Latest Caselaw 182 SC

Headnote :

The non-graduate Excise Preventive Officers in the Excise Department challenged in the High Court the amendment to the original Special Rule 2 of the Special Rules for the Kerala Excise and Prohibition Subordinate Service, which established a promotion ratio of 1:3 between graduates and non-graduate...

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Rama Dhondu Borade Vs. V.K. Saraf, Commissioner of Police & Ors [1989] INSC 183 (5 May 1989)

Judgement Date : 05 May 1989

Citation : 1989 Latest Caselaw 183 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
National Security Act, 1980

Headnote :

To prevent the petitioner-detenu from engaging in activities detrimental to public order in Greater Bombay, the Commissioner of Police, Greater Bombay, exercised the powers granted by Sub-Section (2) of Section 3 of the National Security Act, 1980, in conjunction with clause 4 of the National Securi...

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Rashidmiya @ Chhava Ahmedmiya Shaik Vs. Police Commissioner, Ahmedabad & ANR [1989] INSC 184 (5 May 1989)

Judgement Date : 05 May 1989

Citation : 1989 Latest Caselaw 184 SC

Arms Act, 1959
Bombay Prohibition Act, 1949
Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 212. Harbouring offender
IPC Section 307. Attempt to murder

Headnote :

The petitioner was detained based on an order issued by the detaining authority under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985, aimed at preventing him from engaging in activities detrimental to public order. The detaining authority was satisfied, based on the follo...

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Buxa Dooars Tea Company Ltd. Vs. State of West Bengal & Ors [1989] INSC 185 (12 May 1989)

Judgement Date : 12 May 1989

Citation : 1989 Latest Caselaw 185 SC

Constitution of India
Tea Act, 1953
West Bengal Rural Employment and Production Act, 1976

Headnote :

Section 4(1) of the West Bengal Rural Employment and Production Act, 1976 established a rural employment cess on immovable properties. Clause (aa) of section 4(2), as modified by section 7(b) of the West Bengal Taxation Laws (Amendment) Act, 1981, introduced a rural employment cess on the dispatches...

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I.J. Rao, Assistant Collector of Customs & Ors Vs. Bibhuti Bhushan Bagh & ANR [1989] INSC 186 (12 May 1989)

Judgement Date : 12 May 1989

Citation : 1989 Latest Caselaw 186 SC

Customs Act, 1962

Headnote :

Based on information from a newspaper advertisement regarding the sale of imported manual and electric typewriters, as well as adding and calculating machines, customs authorities conducted a raid on the premises of M/s Typewriters and Stationary Operation Private Ltd. in Calcutta on May 5, 1966. Du...

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Jawaharlal Nehru University Vs. Dr. K.S. Jawatkar & Ors [1989] INSC 187 (12 May 1989)

Judgement Date : 12 May 1989

Citation : 1989 Latest Caselaw 187 SC

Jawaharlal Nehru University Act, 1966
Manipur University Act, 1980

Headnote :

The appellant, Jawaharlal Nehru University, established a Centre of Post-Graduate Studies in Imphal under section 5(2) of the University Act. The respondent, who was employed as a temporary research assistant in the School of International Studies at the University, was offered an ad hoc position as...

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Vij Resins Pvt. Ltd. & ANR Vs. State of Jammu & Kashmir & Ors [1989] INSC 188 (12 May 1989)

Judgement Date : 12 May 1989

Citation : 1989 Latest Caselaw 188 SC

Constitution of India

Tara Prasad Singh Vs. Union of India & Ors [1980] INSC 106 (7 May 1980)
Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)

Headnote :

These three Writ Petitions have been submitted by three distinct Private Limited Companies and their shareholders, contesting the validity of the Jammu & Kashmir Extraction of Resin Act (7 of 1986). The background leading to the filing of these Writ Petitions can be summarized as follows:The State o...

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A.S. Mittal & Ors Vs. State of U.P. & Ors [1989] INSC 189 (12 May 1989)

Judgement Date : 12 May 1989

Citation : 1989 Latest Caselaw 189 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 338. Causing grievous hurt by act endangering life or personal safety of others

Headnote :

The Lions Club of Pottery Town, Khurja (U.P.) was motivated by the aim of providing relief and ophthalmic surgical services, especially to individuals in rural areas suffering from eye issues. They organized an \"Eye Camp\" in Khurja after receiving the necessary approval from the Chief Medical Offi...

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Kalyani Sundaram Vs. Assistant Controller of Estateduty Madras & ANR [1989] INSC 190 (12 May 1989)

Judgement Date : 12 May 1989

Citation : 1989 Latest Caselaw 190 SC

Headnote :

Shri Anantharamakrishnan, a well-known industrialist, passed away in Madras on April 18, 1964, without a will, leaving behind his wife, Valli, two sons, Sivasailam and Krishnamoorthy, and two daughters, Kalyani and Seetha. Shortly after, his son Sivasailam, as the accountable person, submitted the E...

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State of Andhra Pradesh & Ors Vs. V. Sadanandam & Ors [1989] INSC 191 (16 May 1989)

Judgement Date : 16 May 1989

Citation : 1989 Latest Caselaw 191 SC

Headnote :

In these two appeals brought by the State of Andhra Pradesh against the decisions of the Andhra Pradesh Administrative Tribunal, the central issue for consideration is whether the amended Rule 3 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules of 1963 violates the Andhra Pradesh...

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Union of India & ANR Vs. Raghubir Singh [1989] INSC 192 (16 May 1989)

Judgement Date : 16 May 1989

Citation : 1989 Latest Caselaw 192 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Maganlal Chhagganlal (P) Ltd. Vs. Municipal Corporation of Greater Bombay & Ors [1974] INSC 91 (11 April 1974)

Headnote :

A legal question commonly arising in this set of cases was brought before this Court, leading to their joint hearing.The lands owned by the Respondents in Civil Appeal Nos. 2839-40 of 1989 were acquired under the Land Acquisition Act. The Collector issued a compensation award on March 30, 1963, and...

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Raj Steel & Ors Vs. State of A.P. & ANR [1989] INSC 193 (16 May 1989)

Judgement Date : 16 May 1989

Citation : 1989 Latest Caselaw 193 SC

Andhra Pradesh General Sales Tax Act, 1957

Headnote :

The appellants in several of the appeals are either manufacturers or dealers of beer, while those in the other appeals are manufacturers or dealers of cement.The appellants submitted writ petitions to the Andhra Pradesh High Court contesting the assessments made under the Andhra Pradesh General Sale...

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Bharat Surfactants (Pvt) Ltd & ANR Vs. Union of India & ANR [1989] INSC 194 (17 May 1989)

Judgement Date : 17 May 1989

Citation : 1989 Latest Caselaw 194 SC

Constitution of India

Headnote :

The petitioners filed a writ petition under Article 32 of the Constitution seeking relief from the imposition of a 150 percent customs duty on their import of edible oils into India. Following a contract with foreign sellers for the supply of edible oils, the consignment was shipped via the ocean ve...

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M. Jhangir Bhatusha Vs. Union of India & Ors [1989] INSC 195 (17 May 1989)

Judgement Date : 17 May 1989

Citation : 1989 Latest Caselaw 195 SC

Customs Act, 1962
Customs Tariff Act, 1975

Liberty Oil Mills & Ors Vs. Union of India & Ors [1984] INSC 96 (1 May 1984)

Headnote :

The appellants, who are private importers of edible oils, faced restrictions under the Import Policy of 1978-79, which mandated that the import of edible oils be managed by the State Trading Corporation. Some private importers, who had made firm commitments with foreign suppliers, were denied permis...

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