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Shakuntalabai & ANR Vs. L.V. Kulkarni & ANR [1989] INSC 101 (28 March 1989)

Judgement Date : 28 Mar 1989

Citation : 1989 Latest Caselaw 101 SC

Headnote :

This appeal by the defendants arises from a partition lawsuit.Mallappa Kulkarni had two sons: Veerappa and Gurappa. Veerappa is survived by his son Lingappa. Gurappa, who worked for the Railways, married Channavva (his first wife) on February 16, 1928, but since they had no children, he remarried in...
Roop Chand Vs. Gopi Chand Thalia [1989] INSC 102 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 102 SC

Headnote :

The appellant, a tenant, leased a building from the respondent, with a clear clause in the lease agreement prohibiting subletting the premises. Shortly after, a social club was established in the building, where members engaged in activities like playing cards and chess until midnight. In response,...
Commissioner of Income Tax, Bombay Vs. Rasiklal Maneklal & Ors [1989] INSC 103 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 103 SC

Headnote :

Subsection (1) of Section 12B of the Indian Income Tax Act, 1922 states that an assessee is liable to pay tax under the category of \"Capital gains\" for any profits or gains that arise from the sale, exchange, relinquishment, or transfer of a capital asset.In this case, the respondent-assessee owne...
Ram Prasad Yadav & Ors Vs. Chairman, Bombay Port Trust & Ors [1989] INSC 104 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 104 SC

Headnote :

In May 1985, the Bombay Port Trust cleared and demolished some hutments located on its lands. In response, the petitioners filed a writ petition in the Bombay High Court seeking to prevent any further demolitions by the Port Trust. This petition was dismissed by a Single Judge of the High Court, and...
Bansidhar & Ors Vs. State of Rajasthan & Ors [1989] INSC 105 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 105 SC

Headnote :

Chapter III-B of the Rajasthan Tenancy Act, 1955, which established a ceiling on agricultural land holdings, along with clause (6A) of section 5 that defined \'ceiling area\', was added to the Act by the Rajasthan Tenancy (Amendment) Act of 1960.The effective date for the provisions under the 1955 A...
Smt. Lata Kamat Vs. Vilas [1989] INSC 106 (29 March 1989)

Judgement Date : 29 Mar 1989

Citation : 1989 Latest Caselaw 106 SC

Headnote :

A decree favoring the respondent-husband was issued by the Trial Court, declaring his marriage to the appellant null and void under section 12(1)(d) of the Hindu Marriage Act, 1956, on the basis that the wife was pregnant by someone other than the respondent at the time of their marriage.In the appe...
Lachhman Dass Vs. Ram Lal & ANR [1989] INSC 107 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 107 SC

Headnote :

On March 7, 1974, the appellant and the respondent, Ram Lal, entered into an agreement to appoint an arbitrator to resolve their disputes regarding a piece of land. The arbitrator issued his award on May 22, 1974, which stated that the disputed land was jointly owned by the appellant and Ram Lal, an...
Smt. Chandrakantaben Vs. Vadilal Bapalal Modi & Ors [1989] INSC 108 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 108 SC

Headnote :

Respondent No. 1 initiated a partition lawsuit against his younger siblings and the heirs of his deceased brothers. As the eldest sibling, he was the plaintiff, while the 1st and 2nd Defendants were his brothers, the 3rd Defendant was his sister, and the 4th and 5th Defendants were the widow and son...
S. Rangarajan Etc Vs. P. Jagjivan Ram [1989] INSC 109 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 109 SC

Headnote :

The appellant, S. Rangarajan, is a film producer who created a Tamil film titled \"Ore Oru Gramathile\" and sought a certificate for its exhibition. The examination committee, after viewing the film, initially denied the certificate. However, upon referral to the 2nd Revising Committee for review, t...
Vatan Mal Vs. Kailash Nath [1989] INSC 110 (30 March 1989)

Judgement Date : 30 Mar 1989

Citation : 1989 Latest Caselaw 110 SC

Headnote :

The appellant was a tenant of the respondent for a shop since 1961, initially paying a monthly rent of Rs. 25, which was later increased to Rs. 30, in addition to the municipal house tax. The landlord, the respondent, initiated eviction proceedings against the appellant due to alleged non-payment of...
Jammu & Kashmir State Forest Corporation Vs. Abdul Karim Wani [1989] INSC 111 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 111 SC

Headnote :

The appellant, a corporation established under the Jammu and Kashmir laws, was tasked with the removal and disposal of trees as well as the management of forest resources assigned to it by the Government.The Corporation decided to extract timber totaling 10.08 lakh cubic feet, which involved felling...
Lt. Colonel K.D. Gupta Vs. Union of India & Ors [1989] INSC 112 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 112 SC

Headnote :

The appellant has submitted a contempt petition against the Respondents, claiming that they have failed to comply with the Court\'s directives issued on April 20, 1988.The Respondents were instructed to reassess the appellant\'s promotion case, taking into account that his medical category has remai...
Gujarat Electricity Board & Anr Vs. Atmaram Sungomal Poshani [1989] INSC 113 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 113 SC

Headnote :

The respondent began his career as a technical assistant with the Gujarat State Electricity Board and was subsequently promoted to Deputy Engineer. While stationed in Surat, he was transferred to the Ukai Sub-division by an order from the Superintending Engineer dated March 29, 1974, and was relieve...
Builders Association of India & Ors Vs. Union of India & Ors [1989] INSC 114 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 114 SC

Headnote :

The petitioners in this writ petition are construction contractors involved in building projects such as buildings, factories, and bridges. They have contested the imposition of sales tax by the relevant State Governments under their respective sales tax laws on the revenue generated from the works...
Alembic Chemical Works Co. Ltd. Vs. Commissioner of Income Tax, Gujarat [1989] INSC 115 (31 March 1989)

Judgement Date : 31 Aug 1989

Citation : 1989 Latest Caselaw 115 SC

Headnote :

The appellant-assessee, a company involved in penicillin production, sought to enhance its output by entering into a contract with a Japanese company (Meiji) for the provision of sub-cultures of penicillin-producing strains, technical expertise, training, a written description of the process for a p...
Collector of Central Excise, Hyderabad Vs. Jayant Oil Mills Pvt. Ltd. [1989] INSC 116 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 116 SC

Headnote :

The issue to be resolved in the appeals is whether the hydrogenated rice bran oil produced by the Respondents can be classified under Tariff Item No. 12, as they assert.The Respondents manufacture hydrogenated rice bran oil, which serves as a raw material in soap production and other industries. The...
Kali Prasad Agarwalla & Ors Vs. Bharat Coking Coal Limited & Ors [1989] INSC 117 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 117 SC

Headnote :

Section 3 of the Bihar Land Reforms Act, 1950 establishes the transfer of an estate or tenure to the State. According to Section 2(h) of the Coal Mines (Nationalisation) Act, 1973, a \'mine\' is defined as any excavation where operations for searching for or extracting minerals have occurred or are...
Gouranga Chakraborty Vs. State of Tripura & ANR [1989] INSC 118 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 118 SC

Headnote :

The appellant had been serving as a Constable in the BSF since 1966 and had been confirmed in that position. In 1971, he was granted leave from October 25 to October 30 due to his father\'s death.Since the Shrad ceremony could not be conducted within that timeframe and he was also suffering from a s...
Jackson Co-Operative Credit Society Limited Vs. Co-Operative Banks & Societies Employees Federation & Ors [1989] INSC 119 (31 March 1989)

Judgement Date : 31 Mar 1989

Citation : 1989 Latest Caselaw 119 SC

Headnote :

The appellant, a Co-operative Society, has submitted this appeal with special permission against the order issued by the High Court in a writ petition it filed, in which the High Court annulled the award of the Industrial Tribunal. In the contested order, the High Court determined that the appellant...
Provash Chandra Dalui & ANR Vs. Biswanath Banerjee & ANR [1989] INSC 120 (3 April 1989)

Judgement Date : 03 Apr 1989

Citation : 1989 Latest Caselaw 120 SC

Headnote :

The second respondent, who is the predecessor in interest of the first respondent, initially leased the disputed land to the appellant on September 26, 1946, for a duration of 10 years. The lease included provisions allowing the lessee/appellant to extend the lease for two additional periods of 5 ye...
Aslam Ahmed Zahire Ahmed Shaik Vs. Union of India & Ors [1989] INSC 121 (4 April 1989)

Judgement Date : 04 Apr 1989

Citation : 1989 Latest Caselaw 121 SC

Headnote :

The appellant was detained under an order issued in accordance with Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, aimed at preventing him from engaging in activities detrimental to the enhancement of the country\'s foreign exchange resources....
V. Markendeya & Ors Vs. State of Andhra Pradesh [1989] INSC 122 (6 April 1989)

Judgement Date : 06 Apr 1989

Citation : 1989 Latest Caselaw 122 SC

Headnote :

The appellants are part of the Andhra Pradesh Engineering Subordinate Service, serving as Supervisors. This cadre includes both degree holders in Engineering and those with diplomas or licenses. The appellants hold diplomas. They have two main complaints: (1) they face discrimination in promotions,...
Mohinder Singh Vs. State of Haryana & Ors [1989] INSC 123 (7 April 1989)

Judgement Date : 07 Apr 1989

Citation : 1989 Latest Caselaw 123 SC

Headnote :

The Haryana Public Service Commission announced the recruitment of 4 District Food and Supplies Officer positions through direct hiring, requiring \"five/three years\' experience as an executive officer\" as a key qualification. The appellant, who was serving as an Inspector/Sub-Inspector in the Foo...
Assistant Collector of Central Excise Vs. Ramakrishnan Kulwant Rai [1989] INSC 124 (12 April 1989)

Judgement Date : 12 Apr 1989

Citation : 1989 Latest Caselaw 124 SC

Headnote :

The respondent firm operated a Steel Rolling Mill located in Madras. This mill was leased to a partnership firm, M/s. Steel Industries. After the lease expired, the respondent regained possession of the mill on August 1, 1962, and notified the Central Excise Authorities, who advised the respondent t...
Tinsukhia Electric Supply Co. Ltd. Vs. State of Assam & Ors [1989] INSC 125 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 125 SC

Headnote :

The petitioners, who are Public Limited Companies, were issued licenses under the Indian Electricity Act, 1910 to supply electricity within the designated licensed areas of the Tinsukhia and Dibrugarh Municipal Boards.The Dibrugarh Company received its license in 1928 under specific terms and condit...
Maharashtra State Electricity Board Vs. Thana Electric Supply Co. & Ors [1989] INSC 126 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 126 SC

Headnote :

The respondent-Company, with the approval of the State Government, assumed the license originally granted to a private entity under the Indian Electricity Act of 1910 for the supply and distribution of electricity in the licensed areas, thereby gaining the rights and privileges associated with that...
Allauddin Mian & Ors Sharif Mian & ANR Vs. State of Bihar [1989] INSC 127 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 127 SC

Headnote :

The accused individuals numbered 1 to 6 formed an unlawful assembly with the shared intent to kill Baharan Mian. They arrived at his residence armed with lethal weapons. Anticipating danger, Baharan Mian attempted to retreat inside to arm himself, but his wife stopped him from exiting again. At that...
Vellore Electric Corporation Ltd. & ANR Vs. State of Tamil Nadu & Ors [1989] INSC 128 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 128 SC

Headnote :

The petitioner companies, namely Veilore Electric Corporation Ltd., Kumbakonam Electric Supply Corporation Ltd., and Nagapatam Electric Supply Corporation Ltd., were granted licenses under the Indian Electricity Act, 1910 by the Government of the former Presidency of Madras to supply electrical ener...
State of Jammu & Kashmir & Ors Vs. Mahmood Ahmed & Ors [1989] INSC 129 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 129 SC

Headnote :

Respondent No. 1, who asserted ownership of the disputed evacuee property, sold it to respondents 2 and 3 in 1970. In 1973, the Custodian of Evacuee Property ruled that the sale was invalid, as the property actually belonged to Shah Mahmood, who had migrated to Pakistan in 1947, thus classifying it...
Marathwada University Vs. Seshrao Balwant Rao Chavan [1989] INSC 130 (13 April 1989)

Judgement Date : 13 Apr 1989

Citation : 1989 Latest Caselaw 130 SC

Headnote :

The respondent served as a Deputy Registrar at the appellant University and took on the responsibilities of the Controller of Examinations during the latter\'s leave. A complaint was lodged against the respondent, alleging that he had delayed payments to an external party responsible for printing th...
Smt. Prem Devi & ANR Vs. Delhi Administration & Ors [1989] INSC 131 (17 April 1989)

Judgement Date : 17 Apr 1989

Citation : 1989 Latest Caselaw 131 SC

Headnote :

An institution that was entirely funded by the respondent Administration was taken over, and the affected staff were integrated into its services according to their pay scale. The petitioners, who were part of this staff, did not receive pension benefits upon their retirement. Consequently, they fil...
Dibyasingh Malana Vs. State of Orissa & Ors [1989] INSC 132 (19 April 1989)

Judgement Date : 19 Apr 1989

Citation : 1989 Latest Caselaw 132 SC

Headnote :

In 1974, proceedings were initiated under the Orissa Land Reforms Act, 1960 to declare the appellants\' surplus land. The appellants objected, arguing that due to a family partition in 1965, the ancestral land that belonged to them should not be combined with their father\'s land.This argument was r...
Brij Lal Vs. Prem Chand & ANR [1989] INSC 133 (20 April 1989)

Judgement Date : 20 Apr 1989

Citation : 1989 Latest Caselaw 133 SC

Headnote :

Prem Chand, the accused, married Veena Rani, the deceased, in 1973. At that time, Veena Rani was working at the State Bank of Patiala. Shortly after their marriage, the accused resigned from his position as a Prosecuting Sub-inspector and began practicing law in Sangrur, where Veena Rani transferred...
Anandi Mukta Sadguru Shree Mukta Jeevandasswami Suvarna Jay Vs. V.R. Rudani & Ors [1989] INSC 134 (21 April 1989)

Judgement Date : 21 Apr 1989

Citation : 1989 Latest Caselaw 134 SC

Headnote :

Appellant No. 1 is a public trust, and the other appellants serve as its trustees. The Trust operated a science college in Ahmedabad, which initially held temporary affiliation with Gujarat University. From June 15, 1973, the college received permanent affiliation.A conflict arose between the Univer...
State of Gujarat & ANR Vs. Kamlaben Jivabhai & Ors [1989] INSC 135 (21 April 1989)

Judgement Date : 21 Apr 1989

Citation : 1989 Latest Caselaw 135 SC

Headnote :

In 1884, a declaratory decree granted Darbar Harsurvala the hereditary right to collect grass, firewood, timber, and other resources from the Gir Forest in the former state of Junagarh. This right was passed down to his son, Jiva Vala. Subsequently, an agreement on August 10, 1914, stipulated that t...
Ramesh Birch & Ors Vs. Union of India & Ors [1989] INSC 136 (21 April 1989)

Judgement Date : 21 Apr 1989

Citation : 1989 Latest Caselaw 136 SC

Headnote :

Section 87 of the Punjab Reorganisation Act, 1966 granted the Central Government the authority to extend any existing State law to the Union Territory of Chandigarh, with any modifications or restrictions it deemed appropriate, as of the notification date. Section 89 allowed the appropriate Governme...
State of Maharashtra Vs. Mino0 Noazer Kavarana & Ors [1989] INSC 137 (24 April 1989)

Judgement Date : 24 Apr 1989

Citation : 1989 Latest Caselaw 137 SC

Headnote :

The appellant-State, following the ruling in Nidamarti Maheshkumar v. State of Maharashtra & Ors., [1986] 2 SCC 534, established a policy for MBBS course admissions that allocates 15 percent of seats under the All India Quota and under Article 15 of the Constitution. The remaining seats are reserved...
India Cements Ltd. Vs. Collector of Central Excise [1989] INSC 138 (25 April 1989)

Judgement Date : 25 Apr 1989

Citation : 1989 Latest Caselaw 138 SC

Headnote :

The appellant company, which manufactures superfine cement, filed a claim for a refund of duty on the cost of packing materials for the period from July 4, 1974, to March 1, 1974, arguing that duty on packing charges for superfine cement should not be imposed. However, this claim was denied by the A...
Commissioner of Income Tax, Calcutta Vs. Prahaladrai Agarwala [1989] INSC 139 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 139 SC

Headnote :

The respondent-assessee was a partner in a firm alongside five others, including his wife, mother, grandfather, brother, and an unrelated individual. His wife had invested Rs. 51,000 as capital in the firm, which she received from two gifts given to her by the assessee. During the assessment proceed...
Claggett Brachi Co.Ltd., London Vs. Commissioner of Income-Tax, A.P [1989] INSC 140 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 140 SC

Headnote :

The appellant-assessee, a non-resident sterling company engaged in the purchase and sale of tobacco, both directly and on a commission basis, made its purchases through Indian agents. These agents submitted income tax returns on behalf of the assessee for the assessment years 1959-60 and 1960-61. Th...
Modern Hotel, Gudur Represented Bym.N. Narayanan Vs. K. Radhakrishnaiah & Ors [1989] INSC 141 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 141 SC

Headnote :

The proviso to section 7(2)(a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 prohibits the payment of any amount exceeding one month\'s rent as an advance. Clause (b) states that any such amount must be refundable or, at the tenant\'s option, adjustable. Subsection (3)...
Broach Distt. Co-Operative Cotton Salesginning & Pressing S Vs. Commissioner of Income Tax, Ahmedabad [1989] INSC 142 (26 April 1989)

Judgement Date : 26 Apr 1989

Citation : 1989 Latest Caselaw 142 SC

Headnote :

The assessee, a co-operative society, provided ginning and pressing services for raw cotton sourced from its members and marketed the finished products on their behalf.The society charged its members fees for ginning and pressing, as well as a commission for selling the finished products. For the as...
Dwarkadas Marfatia & Sons Vs. Board of Trustees of The Port of Bombay [1989] INSC 143 (27 April 1989)

Judgement Date : 27 Apr 1989

Citation : 1989 Latest Caselaw 143 SC

Headnote :

The Board of Trustees of the Port of Bombay, as a statutory authority, is exempt from the provisions of the Bombay Rents, Hotel & Lodging House Rates (Control) Act, 1947. The appellant has been leasing a portion of the original plot No. 4 (now plot 5B) from the respondent since approximately 1932, w...
Smt. Mohini Badhwar Vs. Raghunandan Saran Ashok Saran [1989] INSC 144 (27 April 1989)

Judgement Date : 27 Apr 1989

Citation : 1989 Latest Caselaw 144 SC

Headnote :

The landlord, who is the respondent, submitted a petition to evict the tenant, who is the appellant, from the premises in question under section 14(1)(h) of the Delhi Rent Control Act, 1958. The basis for this petition was that the appellant had taken vacant possession of her own house on November 2...
Smt. Prakash Mehra Vs. K.L. Malhotra [1989] INSC 145 (27 April 1989)

Judgement Date : 27 Apr 1989

Citation : 1989 Latest Caselaw 145 SC

Headnote :

The tenant fell behind on rent payments for two consecutive months, with rent due in advance. After receiving a demand notice, he sent a bank draft claiming to cover the first month\'s rent within seven days, followed by another draft for the same amount within a month. The landlady did not cash or...
Custodian of Branches of Banco Nationalultramarino. Vs. Nalini Bai Naique [1989] INSC 146 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 146 SC

Headnote :

The appellant bank filed a lawsuit against the husband of the respondent to recover a significant loan amount. The defendant contested the case, and issues were framed while evidence was being collected. However, he passed away before the next hearing scheduled for November 4, 1970, and his lawyer i...
Telco Convoy Drivers Mazdoor Sangh & ANR Vs. State of Bihar & Ors [1989] INSC 147 (28 April 1989)

Judgement Date : 28 Feb 1989

Citation : 1989 Latest Caselaw 147 SC

Headnote :

The appellant, Telco Convoy Drivers Mazdoor Sangh, approached Tara Engineering & Locomotive Co. Ltd. (TELCO) with a demand for all convoy drivers to be granted permanent status and the same benefits as permanent employees of TELCO. However, the Deputy Labour Commissioner declined to make a reference...
Vibhuti Glass Works Vs. Commissioner of Income Tax, Lucknow [1989] INSC 148 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 148 SC

Headnote :

The assessee Company operated a glass factory along with other businesses. Due to the glass factory incurring losses for several years, leading to mounting debts, the assessee secured loans from the State Government and mortgaged its land, buildings, and machinery. Subsequently, the assessee execute...
Snow White Industrial Corporation, Madras Vs. Collector of Central Excise, Madras [1989] INSC 149 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 149 SC

Headnote :

The appellants, a partnership firm engaged in manufacturing in Madras, entered into a contract with a Calcutta-based company to sell their products through the company\'s sales network across all Indian states. In this contract, the appellants were designated as the \'manufacturer\' and the company...
Member Board of Revenue, West Bengal Vs. Controller of Stores Eastern Railway Calcutta, [1989] INSC 150 (28 April 1989)

Judgement Date : 28 Apr 1989

Citation : 1989 Latest Caselaw 150 SC

Headnote :

The South Eastern Railway, a registered dealer under the Bengal Finance (Sales Tax) Act of 1941, sought to cancel its registration as a \"dealer\" after selling unclaimed and unconnected goods for monetary compensation under Section 56 of the Indian Railways Act of 1890. The Commercial Tax Officer d...
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