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 filed a writ petition and a special leave petition challenging the detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. It was contended on behalf of the respondents that the period of detention intended by the detention o...

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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 cl. (c) of s. 24(1) of the Advocates Act, 1961 entitles a person to be admitted as an advocate on a State roll if he has obtained a degree in law after 12th March, 1967 after undergoing three years' of study in law. Under sub-cl. (iii) of cl. (c) a person is considered qua...

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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 studied upto class IX in Delhi. In 1982 she left for Nigeria, along with her parents, where her father went on deputation. There she passed the General Certificate of Education Ordinary Level, conducted by University of London, which was recognised by the Central Board of...

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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, the Assam Rifles Multi-purpose Cooperative Society, and its Vice-Chairman a retired Military Officer, filed a writ petition in this Court praying for directions to the respondents for implementing the scheme, approved by the Government of India, for settling retired Defence Personne...

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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--Marketing Board, entered into a contract with the appellant for the construction of their office building. The agreement stipulated that the Superintending Engineer of the Marketing Board would be appointed as the sole Arbitrator in case of a dispute. A dispute arose in regard to...

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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 co-operative society running a sugar mill. With a view to inducing its members to make further contribution to its capital it incorporated a bye-law which provided for the establishment of a 'Loss Equalisation & Capital Redemption Reserve Fund'. Every produce...

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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 purchased the suit property by a registered sale deed dated 27th December, 1950 for a consideration of Rs.7,000. On 1st January, 1951, the respondent executed a rent agreement in favour of the appellant acknowledging her as landlady at Rs.80 per month. The mother of the appellant di...

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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 operating launch services for joy rides, film shooting, etc. from Appollo Pier or Gateway of India to Elephanta Island in Bombay. Respondent 7 was a cooperative association of launch owners also engaged in the same activities. The members belonging to the associations were operat...

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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 filed a civil suit in the High Court for specific performance of a contract to sell the suit property by the respondents to her. The High Court held the appellant liable to discharge the mortgage and directed her to deposit in Court a sum of Rs.3.5 lakhs with interest for the purpose....

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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-revenue filed petitions for review of the judgment and order dated December 20, 1986 passed by this Court. The respondent-manufacturers objected to the same on the ground that finality of the judgment should be maintained and not disturbed lightly. Allowing the Review petitions, t...

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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 engaged in the manufacture of wireless receiving sets, tape recorders, tape players. These products were assessable under Tariff Items 33A and 37AA of the Central Excise Tariff. In the classification list and price lists filed by the respondent assessee company these goods...

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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 of buildings situate within the Urban Territory of Chandigarh. The buildings occupied by them as tenants were exempted from the operation of section 13 of the East Punjab Urban Rent Restriction Act 1949 for a period of five years under the notification dated Se...

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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 assessee appellant did not file its income-tax returns under the Income Tax Act, 1961 for the assessment years 1965-66, 1966-67 within the statutory period. It was only after notices under s. 139(2) of the Act were served on the assessee the returns were filed. In the said circum- stances the In...

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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 an agreement with a Norwegian Company under which the latter was to provide technical knowhow and technical services including facilities for the training of personnel of the appellant company in connection with the manufacture of computers for a consideration of N...

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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 respondents who were the accountable persons filed returns under the Estate Duty Act. 1953, and an assessment was made by the Deputy Controller of Estate Duty--Appellant on 26th February. 1960. The Estate Duty (Amendment) Act, 1958 repealed the original sections 56 to 65. Section 59 which sub...

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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--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 informing that a proceeding had been instituted for making an inquiry whether the said Company was indulging in certain un...

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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 contesting respondents have been in occupation of the demised property under a registered lease for 20 years, which was to expire on 31.7.1971. They served a notice on the appellants on 16.7.1971 claiming the right to continue in possession after 31.7.1971 as tenants from month to month. The app...

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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, 1987, envisaged a tax at 10% ad valorem on chargeable expenditure incurred in the class of hotels wherein room charges for any unit of residential accommodation were Rs.400 per day per individual. Section 5 of the Act defined chargeable expenditure to include expenditure inc...

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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 s. 2 of the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977, defines "charges for lodging" to include charges for airconditioning, telephone, television, radio, music and extra beds, and the like. The Explanation appended thereto makes the decision of the State...

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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, 1980 came into force on 9.12.1980. The Act imposed a special tax of 15% on the gross receipts of certain hotels, where the room charges for residential accommodation provided to any person during the previous year were Rs.75 or more per day per individual. The levy commen...

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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, a manufacturer of electric lamps, fluorescent-lamps and miniature lamps sold its entire products to five customer companies namely (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. a...

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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, manufacturer of filters, was selling the goods to its customers under brand names. It declared its assessable value on the basis of the price at which it sold the goods. Show Cause Notices, requiring assessable value to he determined at the price the buyers of the respondent...

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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 inter-connected and represented Companies in the large industrial house known as Reliance Group. RIL had promoted RPL. RPL was incorporated on 11.1.1988 and has been a cent percent subsidiary of RIL. It was claim...

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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 :

A number of unsuccessful candidates to the MBBS/BDS course in the two Government medical colleges of Jammu & Kashmir for the 1988-89 Session had challenged in the High Court of Jammu and Kashmir the selection to the above courses on the ground that the selection was violative of the directions 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 carrying on the business of manufacturing and selling Textile at Porbunder (formerly a princely State) in Saurashtra in the State of Gujarat. No income tax was levied by the former Porb under State prior to 1948. In 1949 the princely State of, Porbunder integrated...

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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 common question arising in the instant cases which was referred to this larger Bench is whether an award passed under the provisions of the Arbitration Act, 1940 is liable either to be remitted under section 16(1)(c) of the Act or liable to be set aside under section 30(c) thereof merely on the...

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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 that occurred at midnight of 2nd December, 1984, by the escape of deadly chemical fumes from the appellant's factory was a great industrial disaster and it took an immediate toil of 2600 human lives and left tens of thousands of innocent citizens of Bhopal physically...

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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 is directed against the order of the Gujarat High Court upholding the order dated the 15th November, 1977 passed by the State of Gujarat whereby the amounts of gratuity and pension payable to the appellant on superannuation were reduced by 50 per cent. The appellant was born on Januar...

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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 manufacturing and selling black and galvanised steel tubes and pipes. In the assessment proceedings for the years 1982-83 and 1983-84 under the Kerala General Sales Tax Act, 1963 the appellant contended that since the galvanised pipes manufactured by it were "declared...

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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 respondents, who were non-graduate Excise Preventive Officers in the Excise Department, had challenged in the High Court the amendment made to the original Special Rule 2 of the Special Rules for the Kerala Excise and Prohibition Subordinate Service whereby the ratio of 1:3 between graduates and...

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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 :

With a view to preventing the petitioner-detenu from indulging in activities that were prejudicial to the maintenance of public Order in Greater Bombay, the Commissioner of Police, Greater Bombay, in exercise of the powers conferred on him by Sub-Section (2) of Section 3 of the National Security Act...

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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, under an order passed by the detaining authority under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The detaining authority reached his...

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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 provided for levy of rural employment cess on immovable properties. Clause (aa) of s. 4(2) as amended by s. 7(b) of the West Bengal Taxation Laws (Amendment) Act, 1981 provided for levy of rural employment cess in respect of...

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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 :

Acting on the basis of the information contained in an advertisement in a newspapers offering the sale of imported manual and electric typewriters, adding and calculating machines, the customs authorities raided the premises of M/s Typewriters and Stationary Operation Private Ltd., Calcutta on 5th M...

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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, had set up a Centre of Post-Graduate Studies at Imphal under s. 5(2) of the University Act. The Respondent while he was working as a temporary research Assistant in the School of International Studies of the University was offered the post of Associate Fel...

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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 filed by three different Private Limited Companies and their share-holders challenging the vires of the Jammu & Kashmir Extraction of Resin Act (7 of 1986). The circumstances that led to the filing of these Writ Petitions may be stated thus: The State of J...

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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 :

Lions Club. Pottery Town, Khurja (U.P.) actuated by the desire to provide relief and facilities of opthalmic surgical services particularly to the persons residing in rural areas, suffering from eye-troubles, arranged and opened an "Eye Camp" at Khurja after obtaining necessary permission...

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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 reputed industrialist died in Madras on April 18, 1964 intestate leaving behind his widow, Valli, two sons, Sivasailam and Krishnamoorthy and two daughters, Kalyani and Seetha. Some time thereafter, his son Sivasailam, being an accountable person rendered the Estate Duty...

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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 filed by the State of Andhra Pradesh against the orders of the Andhra Pradesh Administrative Tribunal, the question that arises for consideration is whether amended Rule 3 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules 1963 Is violative of the Andhra Prade...

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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 common question of law having arisen in this group of cases for determination by this Court, they were heard together. Lands of Respondents in Civil Appeal Nos. 2839-40 of 1989 were acquired under the Land Acquisition Act. The Collector made the award for compensation on March 30, 1963 and on a...

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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 some of the appeals are manufacturers of or dealers in beer, the appellants in the other appeals are manufacturers of or dealers in cement. The appellants filed writ petitions in the Andhra Pradesh High Court challenging the assessment made under the Andhra Pradesh General Sales...

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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 :

By way of writ petition under Article 32 of the Constitution the petitioners sought relief against the imposition of customs duty at 150 per cent on their import of edible oils into India. Pursuant to the contract entered into by the petitioners with foreign sellers for the supply of edible oils the...

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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/writ petitioners are private importers of edible oils. Under the Import Policy of 1978-79, the Government canalised the import of edible oils through the State Trading Corporation. Some of the private importers who had entered into firm commitments with foreign suppliers, and were now...

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