Caselaw | Supreme Court Judgements of october 1989

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Jitender Tyagi Vs. Delhi Administration & ANR [1989] INSC 298 (3 October 1989)

Judgement Date : 03 Oct 1989

Citation : 1989 Latest Caselaw 298 SC

Constitution of India
National Security Act, 1980
Preventive Detention Act, 1950

Headnote :

Sub-section (4) of section 3 of the National Security Act, 1980 provides that no order passed by an officer mentioned in sub-section (3) shah remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government. The Commissioner...

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Secretary to The Govt. of Orissa & ANR Vs. Sarbeswar Rout [1989] INSC 299 (4 October 1989)

Judgement Date : 04 Oct 1989

Citation : 1989 Latest Caselaw 299 SC

Interest Act, 1978

Hari Shankar Lal Vs. Shambhunath Prasad & Ors [1961] INSC 216 (4 May 1961)

Headnote :

The Respondent executed certain works under a written agreement with the appellant and a dispute arose there under which was referred to arbitration. The arbitrator made an award which was filed in Court. The appellant raised several objections which were all overruled by the Trial Court, and the aw...

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Hmm Limited & ANR Vs. Administrator Bangalore City Corporation, Bangalore & ANR [1989] INSC 300 (4 October 1989)

Judgement Date : 04 Oct 1989

Citation : 1989 Latest Caselaw 300 SC

Headnote :

The appellant company was engaged in the manufacture and sale of a malted milk product marketed under the brand name "Horlicks". The appellant brought the product within the octroi limits of Bangalore in bulk containers, rebottled the same in small bottles and exported the major portion of...

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Southern Roadways Ltd., Madurai, Byits Secretary. Vs. S.M. Krishnan [1989] INSC 301 (5 October 1989)

Judgement Date : 05 Oct 1989

Citation : 1989 Latest Caselaw 301 SC

Section 202. Termination of Agency, where agent has an interest in subject-matter

Headnote :

The appellant-company is engaged in the business of transport of goods and parcels in Southern India and for that purpose has appointed agents at various stations. The respondent was one such agent appointed at Madras. As provided in clause III of the Contract, the respondent was to arrange a suitab...

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K.V. George Vs. Secretary to Govt., Water And Power Department, Trivandrum [1989] INSC 302 (5 October 1989)

Judgement Date : 05 Oct 1989

Citation : 1989 Latest Caselaw 302 SC

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

Headnote :

The appellant, a contractor had entered into a contract with the Respondent on 22nd April 1978 for the construction of an embankment across Musaliyar Podom between chainage 2573.5 M to 2827 M of E.B. Main conal of Kallada Irrigation Project. Under the contract-agreement, the work was to the complete...

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Arjun Khiamal Makhijani Vs. Jamnadas C. Tuliani & Ors [1989] INSC 303 (5 October 1989)

Judgement Date : 05 Oct 1989

Citation : 1989 Latest Caselaw 303 SC

Section 111. TPA, Determination of lease.
Section 114. TPA, Relief against forfeiture for non-payment of rent.

Praduman Kumar Vs. Virendra Goyal [1969] INSC 72 (11 March 1969)

Headnote :

Jamunadas C. Tuliani is the owner and the landlord of the suit premises. He instituted a suit for ejectment against five defendants on the ground that they were tenants of the said premises and were in arrears of rent for a period of more than six months which had not been paid inspite of notice hav...

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A.N. Parasuraman Vs. State of Tamil Nadu [1989] INSC 304 (5 October 1989)

Judgement Date : 05 Oct 1989

Citation : 1989 Latest Caselaw 304 SC

Constitution of India
Gold (Control) Act, 1968
Tamil Nadu Private Educational Institutions (Regulation) Act, 1966

Headnote :

The appellants are interested in running educational institutions which are covered by the expression "private educational institution" within the meaning of Section 2(f) of the Tamil Nadu Private Educational Institutions (Regulation) Act, 1966. The vires of the Act especially sections 2(c...

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Ambati Narasayya Vs. M. Subba Rao & ANR [1989] INSC 305 (6 October 1989)

Judgement Date : 06 Oct 1989

Citation : 1989 Latest Caselaw 305 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Rule 64, Order XXI CPC empowers the Court executing a decree to bring to sale any property attached by it or such portion thereof as may seem necessary to satisfy the decree. The appellant's land measuring 10 acres was brought to court sale in execution of a decree. The respondent purchased t...

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Damodar Ropeways & Construction Co. (P) Ltd. Vs. Christopher Martin Dasgranges Martin & Ors [1989] INSC 306 (6 October 1989)

Judgement Date : 06 Oct 1989

Citation : 1989 Latest Caselaw 306 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Board of Governors of the respondent school entered into a contract for the grant of permanent lease of immovable property of the school to the petitioner-builder. An association of the old students of the school resisted the agreement before the High Court but a learned Single Judge accorded sa...

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State of Punjab Vs. Sukhpal Singh [1989] INSC 307 (6 October 1989)

Judgement Date : 06 Oct 1989

Citation : 1989 Latest Caselaw 307 SC

Constitution of India
National Security (Amendment) Act, 1984
National Security Act, 1980

T.A. Abdul Rahman Vs. State of Kerala & Ors [1989] NSC 253 (23 August 1989)
Raj Kumar Singh Vs. State of Bihar & Ors [1986] INSC 202 (26 September 1986)
Ashok Kumar Vs. Delhi Administration & Ors [1982] INSC 50 (5 May 1982)
Rattan Singh Vs. State of Punjab & Ors [1981] INSC 183 (22 October 1981)
Hemlata Kantilal Shah Vs. State of Maharashtra & Ors [1981] INSC 186 (30 October 1981)
Bal Chand Choraria Vs. Union of India & Ors [1977] INSC 235 (13 December 1977)

Headnote :

Sri Sukhjinder Singh has been under detention pursuant to the order dated 28.5.1988 of the Government of Punjab, Department of Home Affairs and Justice passed in exercise of the powers conferred by sub-section (2) of Section 3 of the National Security Act, 1980 hereinafter referred to as "the A...

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Sau Ashabai Kate Vs. Vithal Bhika Nade [1989] INSC 308 (17 October 1989)

Judgement Date : 17 Oct 1989

Citation : 1989 Latest Caselaw 308 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The disputed property belonged to a joint Hindu family, governed by Mitakshra law of which one Bhiku and his son were coparceners. Bhiku died leaving behind Parvati his widow and a son, Balu. Soon after, Balu too died, leaving behind his widow Lilabai who gave birth to a posthumous daughter, the pre...

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Union of India & Ors Vs. Shaik Ali [1989] INSC 309 (17 October 1989)

Judgement Date : 17 Oct 1989

Citation : 1989 Latest Caselaw 309 SC

Headnote :

The respondent, employed as Yard Master in the South Central Railway, was on duty between 14.00 and 22.00 hours on 23rd February '86. In the absence of a reliever, he was to continue his duty till 8.00 hours on 24th February '86. He allowed his staff to take meals and since they did not r...

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Dr. Subramaniam Swamy Vs. Ramakrishna Hegde [1989] INSC 310 (18 October 1989)

Judgement Date : 18 Oct 1989

Citation : 1989 Latest Caselaw 310 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Respondent had filed a suit for defamation in the Bombay High Court against the petitioner, claiming Rupees one crore as damages for the injury alleged to have been caused to his reputation by the publication/imputation of certain alleged defamatory statements made by the petitioner at a Press C...

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Goodyear India Ltd. Vs. State of Haryana & ANR [1989] INSC 311 (19 October 1989)

Judgement Date : 19 Oct 1989

Citation : 1989 Latest Caselaw 311 SC

Bombay Sales Tax Act, 1959
Central Sales Tax Act, 1956
Constitution of India

State of Kerala Vs. A.B. Abdul Khadir & Ors [1969] INSC 159 (30 July 1969)
The State of Orissa Vs. Sudhansu Sekhar Misra & Ors [1967] INSC 251 (7 November 1967)

Headnote :

The appellant/petitioner company--Good Year India Limited--a registered dealer both under the Haryana General Sales Tax Act, 1973 and Central Sales Tax Act, 1956, was manufacturing automobile tyres and tubes at Ballabgarh in the State of Haryana. For the said manufacturing activity it was purchasing...

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Roche Products Limited Vs. Collector of Customs & ANR [1989] INSC 312 (19 October 1989)

Judgement Date : 19 Oct 1989

Citation : 1989 Latest Caselaw 312 SC

Customs Act, 1962
Income Tax Act, 1961

Headnote :

The appellant is engaged in the business of manufacture of various pharmaceutical products including sulphamethoxazole which is also known as 'SMX'. One of the important ingredients or raw materials for the manufacture of SMX is a chemical known as 'isoxamine'. On April 23, 1974 t...

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Collector of Central Excise Vs. Pond's India Ltd. [1989] INSC 313 (19 October 1989)

Judgement Date : 19 Oct 1989

Citation : 1989 Latest Caselaw 313 SC

Headnote :

The Respondent--assessee used to manufacture talcum powder and face powder and were clearing the same on payment of excise duty. The assessee claimed deduction of cost of packing for transportation in respect of small packings of powder ranging from 0.27 paise to 0.76 paise per dozen packings and th...

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Workers of Rohtas Industries Ltd. Vs. Rohtas Industries Ltd. [1989] INSC 314 (24 October 1989)

Judgement Date : 24 Oct 1989

Citation : 1989 Latest Caselaw 314 SC

Constitution of India

Headnote :

Four large industrial units owned by the respondent company were closed down with effect from September 9, 1984 resulting in denial of employment to about 10,000 employees. In the writ petition, the workmen sought immediate payment of salary and wages for the period since closure and compensation...

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N.D.M.C. Vs. Statesman Ltd. [1989] INSC 315 (24 October 1989)

Judgement Date : 24 Oct 1989

Citation : 1989 Latest Caselaw 315 SC

Punjab Municipal Act, 1911

Headnote :

Punjab Municipal Act, 1911: Sections 193(3), Building ByeLaws for Union Territory of Delhi, 1983: Bye-Laws 2.27, 16.4.8 and 16.4.8.1--Fire Safety Measures--"Refuge Areas"--Requirement of Bye-Laws--Not inflexible--The words "in any other manner"--Do not envisage a totally differen...

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Gram Panchayat, Village Kanonda, Tehsilbahadurgarh, District Vs. Director, Consolidation of Holdings, Haryana, Chandigarh [1989] INSC 316 (24 October 1989)

Judgement Date : 24 Oct 1989

Citation : 1989 Latest Caselaw 316 SC

Harbhajan Singh Vs. Karam Singh & Ors [1965] INSC 183 (16 September 1965)

Headnote :

The appellant--Panchayat owned 1200 Bighas of land in Village Kanonda Distt. Rohtak in Haryana. A Scheme of consolidation of Holdings under Section 20 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 was confirmed on 15.1.1974, as a result whereof the Panchayat...

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Kallu Vs. State of U.P. & Ors [1989] INSC 317 (24 October 1989)

Judgement Date : 24 Oct 1989

Citation : 1989 Latest Caselaw 317 SC

Headnote :

The appellants had Fried separate writ petitions in the High Court challenging the basis for determination of 'irrigated land' under section 4A of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. In view of conflicting interpretations given earlier by Single Judges of that High Cou...

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S. Banerjee Vs. Union of India & Ors [1989] INSC 318 (24 October 1989)

Judgement Date : 24 Oct 1989

Citation : 1989 Latest Caselaw 318 SC

Constitution of India

Headnote :

Paragraph 17.3 of Chapter 17, Part II of the Report of the Fourth Central Pay Commission entitled Government employees retiring during the period January 1, 1986 to September 30, 1986 to consideration of the entire dearness allowance drawn by them upto December 31, 1985 as pay for pensionary benefit...

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Gopika Ranjan Choudhary Vs. Union of India & Ors [1989] INSC 319 (25 October 1989)

Judgement Date : 25 Oct 1989

Citation : 1989 Latest Caselaw 319 SC

Headnote :

Consequent to the re-structuring of the Assam Rifles Force in 1962 a separate Unit known as Central Record and Pay Accounts Office (C.R. and P.A.O.) was created at the Headquarters of the force. Pursuant to the recommendation of the Third Central Pay Commission the staff at the Headquarters were giv...

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R. Narayanan Vs. Union of India & ANR [1989] INSC 320 (25 October 1989)

Judgement Date : 25 Oct 1989

Citation : 1989 Latest Caselaw 320 SC

Headnote :

Clause 3(e) of Para 4 of the Swatantrata Sainik Samman Pension Scheme of the Government of India entitles a freedom fighter to pension for having become permanently incapacitated during firing or lathi charge in the freedom struggle. The appellant applied for grant of pension on the ground that h...

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India Cement Ltd. Vs. State of Tamil Nadu [1989] INSC 321 (25 October 1989)

Judgement Date : 25 Oct 1989

Citation : 1989 Latest Caselaw 321 SC

Mineral Concession Rules, 1960
Wealth Tax Act, 1957

Anant Mills Co. Ltd. Vs. State of Gujarat & Ors [1975] INSC 9 (21 January 1975)

Headnote :

The appellant company used to manufacture cement and was granted mining lease for limestone and kankar by the Government of Tamil Nadu in accordance with the Mineral Concession Rules, 1960. The royalty was fixed under the Mines and Minerals (Regulation & Development) Act, 1957 which is a Central...

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Synthetics & Chemicals Ltd. Vs. State of U.P. & Ors [1989] INSC 322 (25 October 1989)

Judgement Date : 25 Oct 1989

Citation : 1989 Latest Caselaw 322 SC

Bombay Prohibition Act, 1949
Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947
Indian Power Alcohol Act, 1948
Industries (Development and Regulation) Act, 1951
Tamil Nadu Prohibition Act, 1937

Headnote :

Writ Petitions/Civil appeals challenging the notification dated 31st May, 1979 which substituted a new rule 17(2) of U.P. Excise Rules and provided for a vend fee, the amendment to section 49 of the Bombay Prohibition Act, 1949 treating exclusive privilege for State in liquor trade and imposing a tr...

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Collector of Customs, Bangalore Vs. Western India Plywood Mfg. Co. Ltd. & ANR [1989] INSC 323 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 323 SC

Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

Under Heading No. 44.01 of Schedule to the Customs Tariff Act, 1975, timber was chargeable to customs duty (basic effective duty) at 60%. However, under a Notification issued by the Government under Section 25(1) of the Customs Act, 1962, timber imported from certain countries was exempted, but an a...

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Collector of Customs, Bangalore & ANR Vs. Hansur Plywood Works & ANR [1989] INSC 324 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 324 SC

Customs Act, 1962
Customs Tariff Act, 1975

Headnote :

Import of timber is charged to effective basic .customs duty at 60 per cent under the Customs Tariff Act, 1975. The Government of India had, however, issued notification under s. 25 of the Customs Act, 1962 absolutely exempting timber imported from Burma. But the importers are liable to pay auxiliar...

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Sardha Ram Vs. Nakli Singh & Ors [1989] INSC 325 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 325 SC

Headnote :

The respondent's predecessor-in-interest received notice under the East Punjab Utilisation of Lands Act, 1949 for bringing his uncultivated land under cultivation. Thereafter he sold a portion of his land by executing two sale deeds in favour of two different vendees for the purpose of utilising...

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R. Venugopala Naidu & Ors Vs. Venkatarayulu Naidu Charities & Ors [1989] INSC 326 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 326 SC

Code of Civil Procedure, 1908 (CPC)

Raje Anandrao Vs. Shamrao & Ors [1961] INSC 67 (23 February 1961)

Headnote :

Respondent No. 1 is a public trust. The trust owns several properties. On the ground that the trust properties were improperly and fraudulently alienated, a suit was fried under Section 92 CPC for removing the trustee and appointing a new trustee and to recover trust properties alienated by the said...

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Food Corporation of India Vs. Provident Fund Commissioner & ANR [1989] INSC 327 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 327 SC

Code of Civil Procedure, 1908 (CPC)
Indian Penal Code, 1860 (IPC)
IPC Section 196. Using evidence known to be false

Headnote :

Respondent No. 1--the Provident Fund Commissioner called upon the appellant--Food Corporation of India to deposit contribution payable by it under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the scheme there under, in respect of workers employed by the contractors ap...

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Union of India & Ors Vs. K.K. Vadera & Ors [1989] INSC 328 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 328 SC

Headnote :

Under Rule 8(1)(a) of the Defence Research & Development Service Rules, 1970, Junior Scientific Officers in the Defence Research & Development Organisation were eligible for promotion to the posts of Scientists 'B' upto 50 per cent of the vacancies in the grade. The respondents wh...

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Madan Lal Anand Vs. Union of India & Ors [1989] INSC 329 (26 October 1989)

Judgement Date : 26 Oct 1989

Citation : 1989 Latest Caselaw 329 SC

Constitution of India
Customs Act, 1962

P.L. Lakhanpal Vs. Union of India & Ors [1966] INSC 176 (21 September 1966)

Headnote :

The petitioner, Madan Lal Anand, was detained alongwith two other persons, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974--COFEPOSA ACT. In the grounds of detention it was inter alia alleged that the detenu had imported polyester filament...

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Union of India & Ors Vs. Naik Subedar Clk(S) Baleshwar Ram & Ors [1989] INSC 330 (27 October 1989)

Judgement Date : 27 Oct 1989

Citation : 1989 Latest Caselaw 330 SC

Army Rules, 1954

Headnote :

The respondents faced trial for the charge of theft. After a General Court Martial, they were found guilty, convicted and sentenced. All the three respondents were dismissed from service. The respondents filed a writ petition in the High Court challenging the decision of the Court martial, and...

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