Caselaw | Supreme Court Judgements of november 1989

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Managing Committee of Bhagwan Budh Primaryteachers Training Vs. State of Bihar & Ors [1989] INSC 331 (6 November 1989)

Judgement Date : 06 Nov 1989

Citation : 1989 Latest Caselaw 331 SC

Headnote :

The petitioners in the special leave petition started, without recognition, a teachers training college in Bihar, and later applied for permission to allow its students to appear at the examination on the ground that the question of its recognition had not been decided by the Government. The petitio...

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Luxmi Tea Company Limited Vs. Pradip Kumar Sarkar [1989] INSC 332 (7 November 1989)

Judgement Date : 07 Nov 1989

Citation : 1989 Latest Caselaw 332 SC

Life Insurance Corporation of India Vs. Escorts Ltd. & Ors [1985] INSC 252 (19 December 1985)

Headnote :

The respondent lodged certain fully paid-up shares with the appellant company for transfer in his name. The Board of Directors of the Appellant company disapproved the registration of the shares. The respondent filed an application under section 155 of the Companies Act, 1956 for rectification of th...

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Municipal Council, Jodhpur Vs. Parekh Automobiles Ltd. & Ors [1989] INSC 333 (7 November 1989)

Judgement Date : 07 Nov 1989

Citation : 1989 Latest Caselaw 333 SC

Constitution of India
Government of India Act, 1935

Headnote :

M/s. Parekh Automobiles Ltd., respondent No. 1, had been allotted retain outlet by Indian Oil Corporation, respondent No. 2, for sale of its petroleum products at Dangiawas, which was outside the limits of the appellant. Respondent No. 2 had its depot near Raikabag Station at Jodhpur where it stored...

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Indian Overseas Bank Vs. Industrial Chain Concern [1989] INSC 334 (7 November 1989)

Judgement Date : 07 Nov 1989

Citation : 1989 Latest Caselaw 334 SC

NI Act, Section 131. Non-liability of banker receiving payment of cheque

Headnote :

The plaintiff--respondent filed original suit No. 7667 of 1975 against the appellant-Bank in the City Civil Court Madras for recovery of Rs.26,383.49 p. together with interest and costs, being the amount of loss suffered by it on account of the negligence and conversion on the part of the appellant...

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B. Dandapani Patra Vs. Returning Officer-Cum-Sub-Divisional Officer, Berhampur [1989] INSC 335 (8 November 1989)

Judgement Date : 08 Nov 1989

Citation : 1989 Latest Caselaw 335 SC

Representation of the People Act, 1951

Ranjit Singh Vs. Pritam Singh & Ors [1966] INSC 39 (8 February 1966)

Headnote :

The appellant was a candidate for election to the Legislative Assembly. As he was standing for election from a constituency other than the one in which he was an elector, he filed an attested copy of the relevant part of the electoral roll relating to the constituency in which he was an elector, alo...

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Bhagwat Dutt Rishi Vs. Ram Kumar [1989] INSC 336 (8 November 1989)

Judgement Date : 08 Nov 1989

Citation : 1989 Latest Caselaw 336 SC

East Punjab Urban Rent Restriction Act, 1949

Headnote :

Section 13A of the East Punjab Urban Rent Restriction Act, 1949 lays down the procedure for a 'specified landlord' to seek immediate recovery of possession of his residential building at any time within one year prior to or within one year after the date of his retirement or after his retire...

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Marwar Tent Factory Vs. Union of India & Ors [1989] INSC 337 (9 November 1989)

Judgement Date : 09 Nov 1989

Citation : 1989 Latest Caselaw 337 SC

Code of Civil Procedure, 1908 (CPC)
Sale of Goods Act, 1930

Headnote :

The appellant is a firm dealing in the manufacture and sale of Tents and Tarpaulins at Jodhpur in Rajasthan. It carried on a regular business of supplying these goods to defence services. The Director General of Supplies and Disposal invited tenders for the supply of tents and the appellant-firm sub...

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Kumari Anamica Mishra & ANR Vs. U.P. Public Service Commission, Allahabad & Ors [1989] INSC 338 (9 November 1989)

Judgement Date : 09 Nov 1989

Citation : 1989 Latest Caselaw 338 SC

Headnote :

The Uttar Pradesh Public Service Commission conducted recruitment examination to the post of Upper Zila Basic Shiksha Adhikari (Women) in two stages--written test and interview. The Commission cancelled the entire recruitment examination for re-holding it, after it was found that due to improper fee...

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S.M.D. Kiran Pasha Vs. Government of Andhra Pradesh & Ors [1989] INSC 339 (9 November 1989)

Judgement Date : 09 Nov 1989

Citation : 1989 Latest Caselaw 339 SC

Constitution of India

Headnote :

The appellant is a Municipal Councillor of the Cuddapah Municipal Council. He was elected to the Council as an independent candidate. According to him, he enjoys popularity in his area and had previously held important positions in the District. He states that the local leadership of the ruling Telu...

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Sushil Kumar Metha Vs. Gobind Ram Bohra [1989] INSC 340 (10 November 1989)

Judgement Date : 10 Nov 1989

Citation : 1989 Latest Caselaw 340 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)
Delhi and Ajmer Rent Control Act, 1952
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
U.P. Zamindari Abolition and Land Reforms Rules, 1952

Mohanlal Goenka Vs. Benoy Krishna Mukherjee& Ors [1952] INSC 71 (9 December 1952)

Headnote :

The respondent had filed a suit before the Senior Sub Judge, against the appellant for ejectment and recovery of arrears of rent and damages for use and occupation of the shop, let out to him. The suit was decreed ex parte on October 20, 1977. The application under Order 9, Rule 13. C.P.C. to set...

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Dinaji & Ors Vs. Daddi & Ors [1989] INSC 341 (10 November 1989)

Judgement Date : 10 Nov 1989

Citation : 1989 Latest Caselaw 341 SC

Hindu Adoptions and Maintenance Act, 1956
Hindu Succession Act, 1956
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

In a suit for injunction and possession of the suit property, on the basis of a registered sale deed executed by the widow of the owner of the property, filed by the appellants, the question of admissibility of an unregistered document, said to be Deed of Adoption, by which the widow conferred on th...

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C. Radhakrishna Reddy & Ors Vs. State of Andhra Pradesh & Ors [1989] INSC 342 (10 November 1989)

Judgement Date : 10 Nov 1989

Citation : 1989 Latest Caselaw 342 SC

Constitution of India

Headnote :

Pursuant to this Court's direction in K. Siva Reddy & Ors. v. State of Andhra Pradesh & Ors., [1988] Suppl. SCC 225, the State Government issued Circular dated 12.8.1988, fixing the guideline for drawing up of inter se seniority list of direct recruit and promotee Deputy Executive Engine...

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Dr. Ms. O.Z. Hussain Vs. Union of India & Ors [1989] INSC 343 (15 November 1989)

Judgement Date : 15 Nov 1989

Citation : 1989 Latest Caselaw 343 SC

Constitution of India

Headnote :

The petitioner, group 'A' scientist belonging to the non-medical wing of the Directorate General of Health Services, filed a wit petition in this Court seeking parity in pay scales and allowances with his counter-part in the medical wing. It was contended that group 'A' scientists ar...

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Gaurav Jain Vs. Union of India & Ors [1989] INSC 344 (15 November 1989)

Judgement Date : 15 Nov 1989

Citation : 1989 Latest Caselaw 344 SC

Constitution of India

Headnote :

This writ petition has been filed pleading for separate schools and hostels for the children of prostitutes. On behalf of respondents, it was contended that since they are in fact unwanted children of prostitutes it is in the interest of such children and the society at large that they are segreg...

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State of Bihar & Ors Vs. Dr. Sanjay Kumar Sinha & Ors [1989] INSC 345 (15 November 1989)

Judgement Date : 15 Nov 1989

Citation : 1989 Latest Caselaw 345 SC

Headnote :

In a Writ Petition filed before the High Court, the respondents, a group of medical graduates, challenged the prospectus for admission to the post-graduate medical, courses, for the year 1989, which prescribed 31st May, 1989 as cut-off date of eligibility, as contrary to the directions of this Court...

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Mrs. Dhanalakshmi Vs. R. Prasanna Kumar & Ors [1989] INSC 346 (15 November 1989)

Judgement Date : 15 Nov 1989

Citation : 1989 Latest Caselaw 346 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Municipal Corporation of Delhi Vs. Purshotam Dass Jhunjunwala & Ors [1982] INSC 89 (1 December 1982)

Headnote :

The criminal complaint instituted by the appellant was taken cognizance of by the Magistrate for offences under ss. 494, 496,498-A, 112, 114, 120, 120-B and 34 IPC. It was alleged that the first respondent had married the second respondent while the proceedings for decree of divorce were still pendi...

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Kailash Chander Sharma Vs. State of Haryana & Ors [1989] INSC 347 (16 November 1989)

Judgement Date : 16 Nov 1989

Citation : 1989 Latest Caselaw 347 SC

Constitution of India

Headnote :

In a group of cases filed in this Court in connection with recruitment to the posts of Assistant District Attorneys by the State Public Service Commission. The Respondent-State had undertaken that if any post was to be filled up within one year, candidates who were selected by the Public Service Com...

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Sankar Mukherjee & Ors Vs. Union of India & Ors [1989] INSC 348 (16 November 1989)

Judgement Date : 16 Nov 1989

Citation : 1989 Latest Caselaw 348 SC

Constitution of India
Contract Labour (Regulation and Abolition) Act, 1970

Catering Cleaners of Southern Railway Vs. Union of India & Ors [1987] INSC 33 (4 February 1987)

Headnote :

Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 empowered the appropriate Government to prohibit employment of contract labour in any process, operation or other work in any establishment. The Government of West Bengal issued a notification on February 9, 1980 under s. 1...

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Sri Dadu Dayal Mahasabha Vs. Sukhdev Arya & ANR [1989] INSC 349 (17 November 1989)

Judgement Date : 17 Nov 1989

Citation : 1989 Latest Caselaw 349 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant, a registered society, instituted a suit through its Secretary in respect of an immovable property. Afterwards, the election of the office bearers for the Society was held and one 'X' claiming to be the Secretary of the Society filed an application for withdrawing the suit a...

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Bhavnagar Municipality Vs. Union of India & ANR [1989] INSC 350 (17 November 1989)

Judgement Date : 17 Nov 1989

Citation : 1989 Latest Caselaw 350 SC

Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947
Limitation Act, 1963

Headnote :

The plaintiff-appellant had flied a suit against the defendents respondents for a declaration of its title and for possession of the suit property mentioned in the schedule to the plaint which consisted of two parts; the first part related to a large extent of vacant land known as parade ground and...

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Ajmer Singh & Ors Vs. State of Haryana & Ors [1989] INSC 351 (17 November 1989)

Judgement Date : 17 Nov 1989

Citation : 1989 Latest Caselaw 351 SC

Administration of Evacuee Property Act, 1950
Punjab Security of Land Tenures Act, 1953
Punjab Security of Land Tenures Act, 1953
Punjab Tenancy Act, 1887
Punjab Tenancy Act, 1887

Headnote :

These appeals are by tenants against the land-owners. One Bishan Das owned considerable extent of land in Pakistan. He died on April 11, 1948 after he had migrated to India. After his death the Rehabilitation Department allotted 124 standard acres and 4-I/4 units of evacuee land to Respondents No...

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Shridhar Son of Ram Dular Vs. Nagar Palika, Jaunpur & Ors [1989] INSC 352 (17 November 1989)

Judgement Date : 17 Nov 1989

Citation : 1989 Latest Caselaw 352 SC

Headnote :

The Municipal Board, Jaunpur invited applications for the post of Tax Inspector. The employees working in the Revenue Department of the Municipal Board were eligible for consideration along with the outsiders. Respondent No. 3, the senior most Tax Collector in Municipal Board, was called for intervi...

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Achal Reddi Vs. Ramakrishna Reddiar & Ors [1989] INSC 353 (17 November 1989)

Judgement Date : 17 Nov 1989

Citation : 1989 Latest Caselaw 353 SC

Limitation Act, 1963

Headnote :

A, the owner of the land in question, conveyed possession of it to B under an oral agreement of sale. A deed was drawn up within about a week, but before it could be registered, A died and his sons executed a sale-deed in respect of the land, in favour of C. Aggrieved, B instituted a suit against C...

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State of M.P. Vs. Ganekar Motghare [1989] INSC 354 (21 November 1989)

Judgement Date : 21 Nov 1989

Citation : 1989 Latest Caselaw 354 SC

Headnote :

The respondent was sought to be retired compulsorily from service by an order dated August 21, 1984 on attaining the age of 55 years under Rule 56 of the Fundamental Rules, pursuant to the Screening Committee's recommendation. He challenged the said order in a writ petition under Article 226 of...

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Sukhdarshan Singh Vs. State of Rajasthan [1989] INSC 355 (21 November 1989)

Judgement Date : 21 Nov 1989

Citation : 1989 Latest Caselaw 355 SC

Constitution of India

Headnote :

In these appeals on the question: whether section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricul- tural Holdings Act, 1973 was violative of Article 14 of the Constitution of India.

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State of Uttar Pradesh & Ors Vs. Arun Govil [1989] INSC 356 (21 November 1989)

Judgement Date : 21 Nov 1989

Citation : 1989 Latest Caselaw 356 SC

Headnote :

Pursuant to a scheme enacted for the benefit of exmilitary officials the appellant-State appointed the respondent on 20.8.1979 as Secretary Zila Sainik Board on contract basis for a specified period which was further extended upto 30.8.1985. On 29.3.1985 the services of the respondent were terminate...

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Swadeshi Polytex Ltd. Vs. Collector of Central Excise [1989] INSC 357 (23 November 1989)

Judgement Date : 23 Nov 1989

Citation : 1989 Latest Caselaw 357 SC

Headnote :

The appellant was engaged in the manufacture of polyester fibre (man-made) falling under tariff item 18 of the erstwhile Central Excise Tariff. In its manufacture, the appellant was using, among other things, ethylene glycol and DMT (Dimethyle Tetraphthalate)--duty paid ethylene glycol falling under...

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Francis John Vs. Director of Education & Ors [1989] INSC 358 (23 November 1989)

Judgement Date : 23 Nov 1989

Citation : 1989 Latest Caselaw 358 SC

Administrative Tribunal Act, 1965
Constitution of India

Tika Ram Vs. Mundikota Shikshan Prasarak Mandal & Ors [1984] INSC 135 (10 August 1984)

Headnote :

Disciplinary proceedings were started against the appellant who was a headmaster in a private school in accordance with the Rule 74.2 of the Grant-in-aid Code since the school was a recipient of grant as per the code. The Director of Education approved the findings of the Dispute Settlement Committe...

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Ramzan Vs. Smt. Hussaini [1989] INSC 359 (24 November 1989)

Judgement Date : 24 Nov 1989

Citation : 1989 Latest Caselaw 359 SC

Indian Contract Act, 1872
Limitation Act, 1963
Section 31. Contingent contract defined

Headnote :

The period of limitation of three years for specific performance of a contract begins to run under the third column of Article 54 of the Limitation Act, 1963 from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. Under an...

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Bihar State Electricity Board, Patna & Ors Vs. Green Rubber Industries & Ors [1989] INSC 360 (24 November 1989)

Judgement Date : 24 Nov 1989

Citation : 1989 Latest Caselaw 360 SC

Constitution of India
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

The Respondent firm made an application to the appellant Electricity Board for the supply of 60 KVA electricity and the Board entered into an agreement with the Respondent-firm in that behalf and gave electricity connection on 13.4.1981. Thereafter the Respondent-firm applied for reduction of electr...

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Paras Nath & ANR Mamman Singh & Ors Vs. Union of India & Ors [1989] INSC 361 (28 November 1989)

Judgement Date : 28 Nov 1989

Citation : 1989 Latest Caselaw 361 SC

Constitution of India

Headnote :

The firsf petition is on behalf of one thousand Dairy Mates and the other on behalf of 280 workers as Junior Plant Operatives and semiskilled Operatives. The grievance of Dairy Mates is that although they perform the duties of semi-skilled workers they have been wrongly classified as unskilled worke...

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Smt. Sreelatha Bhupal Vs. Govt. of Andhra Pradesh [1989] INSC 362 (28 November 1989)

Judgement Date : 28 Nov 1989

Citation : 1989 Latest Caselaw 362 SC

Headnote :

Sub-clause (2) of s. 7 of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 mandates the Revenue Divisional Officer to serve a notice on every person liable to surrender land in excess of the ceiling area requiring him to file a statement indicating the land which he proposes to surrende...

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Shiv Chander Kapoor Vs. Amar Bose [1989] INSC 363 (28 November 1989)

Judgement Date : 28 Nov 1989

Citation : 1989 Latest Caselaw 363 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

This is a land-lord's appeal. By an agreement in writing between the parties, the second floor of the premises bearing no. 19/10, Rajinder Nagar, New Delhi was let out to the Respondent for a limited period of three years w.e.f. June 8, 1980, with the permission of the Rent Controller obtained u...

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Madanlal Manoharlal & Ors Vs. State of Haryana & ANR [1989] INSC 364 (28 November 1989)

Judgement Date : 28 Nov 1989

Citation : 1989 Latest Caselaw 364 SC

Punjab Agricultural Produce Markets Act, 1961
Punjab Agricultural Produce Markets Act, 1961
Punjab Agricultural Produce Markets Act, 1961

Headnote :

These writ petitions were filed by licencesed dealers who manufacture woollen fabrics and blankets. They purchase sheep hair and make them yarn for use in manufacturing the above items. The challenge is against the insistence of the State Govt. to treat sheep hair as agricultural produce under the P...

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Jagrit Mazdoor Union & Ors Vs. Mahanagar Telephone Nigam Ltd. & ANR [1989] INSC 365 (29 November 1989)

Judgement Date : 29 Nov 1989

Citation : 1989 Latest Caselaw 365 SC

Constitution of India

Headnote :

The Petitioners in first two Writ Petitions are Reserve Trained Pool Telephone Operators (RTPTOS) of Delhi and Bombay Mahanagar Telephones who are seeking directions that after their absorption as regular employees following the implementation of the directions of this Court dated 28.7.1986 in an ea...

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Dandasi Sahu Vs. State of Orissa [1989] INSC 366 (30 November 1989)

Judgement Date : 30 Nov 1989

Citation : 1989 Latest Caselaw 366 SC

Interest Act, 1978

Headnote :

The appellant-contractor claimed a sum of Rs.3,87,796 before the sole arbitrator on April 5, 1977 for the value of 15 items of works not paid. To this he added interest to the tune of Rs.2, 95,894 at 18 per cent from the date which according to him each of the claims should have been settled, making...

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Union of India & Ors Vs. Filip Tiago De Gama of Vedem Vasco De Gama [1989] INSC 367 (30 November 1989)

Judgement Date : 30 Nov 1989

Citation : 1989 Latest Caselaw 367 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

By a notification issued under Section 4 of the Land Acquisition Act and published in the Government Gazette on 26.10.1967, the State Government declared its intention to acquire the land of the Respondent on 23.2.1968. A notification under section 6 of the Act was published in the Gazette and on 5....

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