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 established a teachers training college in Bihar without obtaining recognition. They subsequently sought permission for their students to take the examination, arguing that the Government had not yet made a decision regarding the college\'s recognition....

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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 submitted fully paid shares to the appellant company for transfer into his name. However, the Board of Directors of the appellant company rejected the registration of these shares. In response, the respondent filed an application under section 155 of the Companies Act, 1956, seeking t...

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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., the first respondent, was granted a retail outlet by Indian Oil Corporation, the second respondent, for the sale of petroleum products in Dangiawas, which is outside the jurisdiction of the appellant. The second respondent operated a depot near Raikabag Station in Jodhp...

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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 initiated original suit No. 7667 of 1975 against the appellant-Bank in the City Civil Court of Madras, seeking recovery of Rs. 26,383.49 along with interest and costs. This amount represented the loss incurred due to the negligence and conversion by the appellant, who carele...

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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. Since he was contesting from a constituency different from where he was registered as an elector, he submitted an attested copy of the relevant section of the electoral roll for his registered constituency along with his nominat...

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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 outlines the process for a \'specified landlord\' to promptly reclaim possession of their residential property at any time within one year before or after their retirement, or within one year from the commencement of the East Punjab Urb...

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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 company based in Jodhpur, Rajasthan, that specializes in the manufacture and sale of tents and tarpaulins. It regularly supplies these products to defense services. The Director General of Supplies and Disposal called for tenders for the supply of tents, and the appellant submitte...

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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 held a recruitment examination for the position of Upper Zila Basic Shiksha Adhikari (Women) in two phases: a written test and an interview. The Commission decided to annul the entire recruitment process and conduct it again after discovering that due to i...

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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 serves as a Municipal Councillor for the Cuddapah Municipal Council, having been elected as an independent candidate. He claims to be well-liked in his community and has previously held significant positions within the District. He alleges that the local leadership of the ruling Telugu...

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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 initiated a lawsuit against the appellant before the Senior Sub Judge, seeking eviction and recovery of unpaid rent and damages for the use of the shop that had been rented to him. The court issued an ex parte decree on October 20, 1977. An application to set aside this ex parte decre...

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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 case concerning an injunction and possession of the property based on a registered sale deed executed by the widow of the property owner, the appellants raised the issue of whether an unregistered document, referred to as the Deed of Adoption, could be admitted. This document purportedly grante...

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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 :

In accordance with the Court\'s ruling in K. Siva Reddy & Ors. v. State of Andhra Pradesh & Ors., [1988] Suppl. SCC 225, the State Government issued a Circular on August 12, 1988, which established guidelines for creating the inter se seniority list of direct recruit and promotee Deputy Executive En...

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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, a Group \'A\' scientist from the non-medical division of the Directorate General of Health Services, submitted a writ petition to this Court requesting equal pay scales and allowances as those received by his counterparts in the medical division. He argued that Group \'A\' scientists...

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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 submitted requesting the establishment of separate schools and hostels for the children of sex workers.Representatives for the respondents argued that, as these children are often seen as unwanted offspring of sex workers, it is in the best interest of both the children a...

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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 submitted to the High Court, a group of medical graduates contested the prospectus for admission to post-graduate medical courses for the year 1989, which set the cut-off date for eligibility as May 31, 1989, arguing that it was inconsistent with the directives of this Court in th...

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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 appellant\'s criminal complaint was acknowledged by the Magistrate for violations of sections 494, 496, 498-A, 112, 114, 120, 120-B, and 34 of the IPC. It was claimed that the first respondent married the second respondent while divorce proceedings were still ongoing, and that this marriage took...

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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 :

This case involves a series of petitions submitted to this Court regarding the recruitment of Assistant District Attorneys by the State Public Service Commission. The Respondent-State had promised that if any positions were to be filled within a year, candidates selected by the Public Service Commis...

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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 grants the appropriate Government the authority to ban the employment of contract labor in any process, operation, or other work within any establishment.On February 9, 1980, the Government of West Bengal issued a notification...

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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, initiated a lawsuit through its Secretary concerning a piece of immovable property.Subsequently, elections were held for the Society\'s office bearers, during which an individual named \'X\', who claimed to be the Secretary, submitted a request to withdraw the la...

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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 initiated a lawsuit against the defendants-respondents seeking a declaration of title and possession of the property specified in the plaint\'s schedule, which was divided into two sections. The first section involved a substantial area of vacant land known as the parade grou...

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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 :

The tenants are appealing against the landowners.Bishan Das owned a significant amount of land in Pakistan. He passed away on April 11, 1948, after migrating to India. Following his death, the Rehabilitation Department allocated 124 standard acres and 4-I/4 units of evacuee land to Respondents Nos....

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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 of Jaunpur announced a call for applications for the position of Tax Inspector. Employees from the Revenue Department of the Municipal Board were eligible to apply, alongside external candidates. Respondent No. 3, the most senior Tax Collector within the Municipal Board, was invi...

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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 landowner, transferred possession of the property to B through an oral sale agreement. A deed was prepared within a week, but before it could be registered, A passed away, and his sons executed a sale deed for the land in favor of C. Feeling wronged, B filed a lawsuit against C and A\'s sons...

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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 subject to compulsory retirement from service by an order dated August 21, 1984, upon reaching the age of 55 years, in accordance with Rule 56 of the Fundamental Rules, following the recommendation of the Screening Committee. He contested this order by filing a writ petition under...

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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 :

These appeals address the issue of whether the amended section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, infringes upon 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 :

In accordance with a scheme established for the benefit of former military officials, the appellant-State appointed the respondent as Secretary of the Zila Sainik Board on a contractual basis starting from 20.8.1979, with the contract initially set for a specific duration and later extended until 30...

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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 involved in producing polyester fibre (a synthetic product) classified under tariff item 18 of the previous Central Excise Tariff. In this production process, the appellant utilized ethylene glycol and DMT (Dimethyl Terephthalate), with the ethylene glycol being duty-paid and categ...

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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 action was initiated against the appellant, who served as a headmaster at a private school, in accordance with Rule 74.2 of the Grant-in-aid Code, since the school received funding under this code. The Director of Education endorsed the findings of the Dispute Settlement Committee and a...

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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 three-year limitation period for seeking specific performance of a contract commences under the third column of Article 54 of the Limitation Act, 1963 from the date designated for performance, or if no date is specified, from the moment the plaintiff is aware that performance has been refused.Ac...

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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 submitted a request to the appellant Electricity Board for a supply of 60 KVA of electricity, leading to an agreement and the provision of an electricity connection on April 13, 1981. Subsequently, the Respondent firm sought to reduce the electricity supply from 60 KVA to 45 KVA,...

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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 first petition represents one thousand Dairy Mates, while the second is on behalf of 280 workers employed as Junior Plant Operatives and semi-skilled Operatives. The Dairy Mates\' grievance is that, despite performing semi-skilled tasks, they have been incorrectly classified as unskilled workers...

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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 section 7 of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 requires the Revenue Divisional Officer to issue a notice to every individual obligated to surrender land exceeding the ceiling limit, asking them to submit a statement detailing the land they intend to surr...

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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 an appeal from a landlord. According to a written agreement between the parties, the second floor of the property located at 19/10, Rajinder Nagar, New Delhi was leased to the Respondent for a limited duration of three years starting from June 8, 1980, with permission obtained from the Rent...

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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 submitted by licensed dealers who produce woollen fabrics and blankets. They acquire sheep hair and convert it into yarn for the production of these items. The challenge is directed against the State Government\'s requirement to classify sheep hair as agricultural produce u...

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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 the first two Writ Petitions are Reserve Trained Pool Telephone Operators (RTPTOS) from Delhi and Bombay Mahanagar Telephones. They are requesting directives to ensure that, following their absorption as regular employees in accordance with the Court\'s order dated July 28, 1986,...

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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 submitted a claim of Rs. 3,87,796 to the sole arbitrator on April 5, 1977, for the value of 15 unpaid work items. He also included interest amounting to Rs. 2,95,894 at an 18 percent rate from the date he believed each claim should have been resolved, bringing the total to R...

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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 :

On October 26, 1967, the State Government issued a notification under Section 4 of the Land Acquisition Act, announcing its intention to acquire the Respondent\'s land, with the formal declaration made on February 23, 1968. A subsequent notification under Section 6 of the Act was published in the Ga...

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