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K.M. Sharma Vs. Devi Lal & Ors [1990] INSC 1 (9 January 1990)

Judgement Date : 09 Jan 1990

Citation : 1990 Latest Caselaw 1 SC

Headnote :

The petitioner challenged the appointment of Respondent No. 1 as Deputy Prime Minister of India on the ground that the oath administered to him as such was not the oath in accordance with the prescription of the Constitution. The petition was contested by Respondent No. 1 and the Union of India....
Special Military Estates Officer Vs. Munivenkataramiah & ANR [1990] INSC 2 (10 January 1990)

Judgement Date : 10 Jan 1990

Citation : 1990 Latest Caselaw 2 SC

Headnote :

The Defence of India Act, 1962 was passed by Parliament in the wake of the Chinese aggression to ensure public safety and interest in the Defence of India and Civil De- fence and other connected matters. It had been passed when the Requisitioning and Acquisition of Immovable Property Act, 1952 was a...
Workmen of English Electric Company of India Ltd., Madras Vs. Presiding Officer & ANR [1990] INSC 3 (11 January 1990)

Judgement Date : 11 Jan 1990

Citation : 1990 Latest Caselaw 3 SC

Headnote :

Under the Industrial Disputes Act, 1947, the State Government referred to the Industrial Tribunal the question whether the non employment of certain workmen in the appel- lant-Company was justified, and if not what was the relief to which they were entitled. The employer and the workmen filed their...
Vishnu Partap Singh Vs. State of Madhya Pradesh & Ors [1990] INSC 4 (12 January 1990)

Judgement Date : 12 Jan 1990

Citation : 1990 Latest Caselaw 4 SC

Headnote :

The question is whether the property in dispute was the private property owned by the Ruler or State property? On August 25, 1948 the then Maharaja of erstwhile Chhatarpur State made a gift of the house in dispute in favour of his father-in-law Dewan Shankar Partap Singh, now deceased and represente...
Gauri Shanker Sharma Vs. State of U.P [1990] INSC 5 (12 January 1990)

Judgement Date : 12 Jan 1990

Citation : 1990 Latest Caselaw 5 SC

Headnote :

Three police personnel were charged with offences aris- ing out of the death of one Ram Dhiraj Tiwari in police custody. Rafiuddin Khan (accused No. 1) was the Sub Inspec- tor of Police Station Kure Bhar, Shamsher Ali (accused No. 2) was a Beat Constable, and Gauri Shankar Sharma (accused No. 3) was...
Bhanwar Lal Vs. Smt. Prem Lata & Ors [1990] INSC 6 (12 January 1990)

Judgement Date : 12 Jan 1990

Citation : 1990 Latest Caselaw 6 SC

Headnote :

Under Section 21(1)(a) of the Rajasthan Civil Courts Ordinance, 1950 the District Court is empowered to entertain an appeal from a decree of the value of only upto Rs.10,000. Appeals in other cases lie only to the High Court. In the instant case, a joint family house was brought to auction in...
Union of India & Ors Vs. K.T. Shastri [1990] INSC 7 (12 January 1990)

Judgement Date : 12 Jan 1990

Citation : 1990 Latest Caselaw 7 SC

Headnote :

Respondent was recruited as a Senior Scientific Officer in the Defence Science Service which was subsequently tri- furcated and reconstituted. The Government of India enhanced the superannuation age of Scientific and Technical personnel of one of the newly constituted units upto 60 years by an or...
State of Andhra Pradesh & ANR Vs. R.V. Rayanim [1990] INSC 8 (15 January 1990)

Judgement Date : 15 Jan 1990

Citation : 1990 Latest Caselaw 8 SC

Headnote :

The respondent-contractor had entered into an agreement with the petitioner for formation of an earth dam. Disputes and difference arose between the parties. A reference was made to the arbitrator wherein the respondent made eleven claims out of which one claim was later withdrawn. The arbitrator ga...
State of Maharashtra Vs. Anand Chintaman Dighe [1990] INSC 9 (16 January 1990)

Judgement Date : 16 Jan 1990

Citation : 1990 Latest Caselaw 9 SC

Headnote :

The respondent was a member of a political party. Conse- quent upon the defeat of the party in Mayoral elections held in March, 1989, the party felt that there was cross-voting and there were traitors among them and the respondent made a declaration that such traitors would not be spared. Thereaf- t...
Hiraji Tolaji Bagwan Vs. Shakuntala [1990] INSC 10 (16 January 1990)

Judgement Date : 16 Jan 1990

Citation : 1990 Latest Caselaw 10 SC

Headnote :

The appellant was a protected lessee or tenant of the agricultural land in dispute, under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. The respond- ent became the landlady of the land on June 29, 1959 when her father effected a partition of his ancestral lands between himse...
Bharat Forge & Press Industries (P) Ltd. Vs. Collector of Central Excise, Baroda, Gujarat [1990] INSC 11 (16 January 1990)

Judgement Date : 16 Jan 1990

Citation : 1990 Latest Caselaw 11 SC

Headnote :

Steel pipes and tubes (including blanks therefore) all sorts, whether rolled, forged, spun, cast, drawn, annealed, welded or extruded were dutiable under Item 26AA(iv) of the First Schedule to the Central Excises and Salt Act, 1944. The Department, however, sought to classify 'pipe fittings&#...
Revenue Officer & Ors Vs. Prafulla Kumar Pati & Ors [1990] INSC 12 (17 January 1990)

Judgement Date : 17 Jan 1990

Citation : 1990 Latest Caselaw 12 SC

Headnote :

Respondent No. 2, a scheduled caste, filed a case for restoration of lands sold to respondent Nos. 1, 3 and 4, non scheduled castes, on the ground that the sale was in viola- tion of section 22 of the Orissa Land Reforms Act, 1960 as the requisite permission of the Revenue Officer was not obtained....
Chinnammal & Ors Vs. P. Arumugham & ANR [1990] INSC 13 (17 January 1990)

Judgement Date : 17 Jan 1990

Citation : 1990 Latest Caselaw 13 SC

Headnote :

Respondent No. 1 obtained a money decree against the original appellant, who has been substituted by legal heirs, on the basis of a promissory note. The appellant appealed to the High Court but could not get the decree stayed because he was unable to furnish security for the decretal amount. The...
State of Maharashtra Vs. Chandraprakash Kewal Chand Jain [1990] INSC 14 (18 January 1990)

Judgement Date : 18 Jan 1990

Citation : 1990 Latest Caselaw 14 SC

Headnote :

The respondent, a Sub-Inspector of police, was convicted under section 376 of I.P.C. for having committed rape on a young newly married girl of 19 or 20 years of age, by the Additional Sessions Judge, Nagpur. The respondent challenged his conviction in appeal to the High Court. The High Court set as...
Kubic Dariusz Vs. Union of India & Ors [1990] INSC 15 (18 January 1990)

Judgement Date : 18 Jan 1990

Citation : 1990 Latest Caselaw 15 SC

Headnote :

Mr. Kubic Dariusz a Polish national was arrested on 29.4.89 by the Customs Department on the ground that he was in possession of foreign gold weighing about 70 tolas. On 30.4.89 he was produced before the Chief Judicial Magistrate who remanded him to jail custody till 15th May 89. His bail applicati...
P.V.G. Raju Garu Vs. State of Andhra Pradesh [1990] INSC 16 (24 January 1990)

Judgement Date : 24 Jan 1990

Citation : 1990 Latest Caselaw 16 SC

Headnote :

Under the provisions of the Andhra Pradesh (Andhra Area) Estates (Abolitian and Conversion into Ryotwari) Act, 1948, (the Act), the Government took over a hospital which was run by a Zamindar of an impartible estate. After the take-over, the Government made applications before the Estate Abolition T...
Dutta Cycle Stores & Ors Vs. Smt. Gita Devi Sultania & Ors [1990] INSC 17 (25 January 1990)

Judgement Date : 30 Jan 1990

Citation : 1990 Latest Caselaw 17 SC

Headnote :

The appellant-defendants fell in arrears of rent for the months of February and May to August 1974 for the demised premises. The respondent-plaintiffs sought their eviction under s. 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on the grounds of default. Decreeing t...
Municipal Corporation, Jabalpur Vs. Krishi Upaj Mandi Samiti & ANR [1990] INSC 18 (25 January 1990)

Judgement Date : 25 Jan 1990

Citation : 1990 Latest Caselaw 18 SC

Headnote :

The appellant--Corporation assessed property tax in respect of buildings belonging to the respondent--Market Committee, which refused to pay the same. Proceedings were commenced for recovery of the dues. The respondent moved the High Court under Article 226 of the Constitution for quash- ing the rec...
Smt. Patasibai & Ors Vs. Ratanlal [1990] INSC 19 (30 January 1990)

Judgement Date : 30 Jan 1990

Citation : 1990 Latest Caselaw 19 SC

Headnote :

One Motilal who owned Goyal Talkies entered into a partnership with respondent Ratanlal representing the joint family firm of M/s. Ratanlal Damdoolal and Bros., for the purpose of running the cinema business. Later, the said Motilal together with his wife and children filed a civil suit for dissolut...
Hira Lal & ANR Vs. Gajjan & Ors [1990] INSC 20 (30 January 1990)

Judgement Date : 30 Jan 1990

Citation : 1990 Latest Caselaw 20 SC

Headnote :

The plaintiff-respondent claimed that before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force, his father was a sub-tenant under defendants 3 to 25 and after his father's death, the other 3 sons separated from the plaintiff and consequently he has become the sole- tenant....
Indian Piston Limited Vs. Collector of Central Excise, Madras [1990] INSC 21 (30 January 1990)

Judgement Date : 30 Jan 1990

Citation : 1990 Latest Caselaw 21 SC

Headnote :

The appellant was a manufacturer of motor vehicle parts failing under Item 34-A, and components for I.C. Engines failing under Item 68, of the Central Excise Tariff. The marketing pattern of the appellant was that they sold goods in the wholesale to O.E. manufacturers, Transport Undertakings and...
M. Ahamedkutty. Vs. Union of India & ANR [1990] INSC 22 (31 January 1990)

Judgement Date : 31 Jan 1990

Citation : 1990 Latest Caselaw 22 SC

Headnote :

After the appellant landed at Trivandrum Airport from Abu Dhabi, he was intercepted by the Customs officials detecting that he smuggled 1280 gms. of gold. He was arrest- ed on 31.1.1988. On 12.2.1988 he was granted bail on certain conditions. With a view to preventing the appellant from smuggling...
Shaziabad Sheromani Sahkari Avas Samiti Limited & ANR Vs. State of U.P. & Ors [1990] INSC 23 (31 January 1990)

Judgement Date : 31 Jan 1990

Citation : 1990 Latest Caselaw 23 SC

Headnote :

The appellant cooperative societies consisting of 1739 low paid Government servants had acquired certain land in Ghaziabad for the purpose of providing residential accommo- dation to their members. Subsequently, the said land was notified for acquisition under ss. 4(1) and 7(1) of the Land Acquisiti...
Suresh Chand Vs. Gulam Chisti [1990] INSC 24 (31 January 1990)

Judgement Date : 31 Jan 1990

Citation : 1990 Latest Caselaw 24 SC

Headnote :

On the completion of construction of the demised prem- ises in 1967, the appellant-landlord had let it out to the respondent-tenant in the same year. Later, on 27th May, 1972 the landlord filed the eviction suit against the tenant. On 15th July, 1972 the U.P. Urban Buildings (Regulation of Letting,...
Coal Mines Provident Fund Commissioner Vs. Ramesh Chander Jha [1990] INSC 25 (31 January 1990)

Judgement Date : 31 Jan 1990

Citation : 1990 Latest Caselaw 25 SC

Headnote :

Respondent instituted a suit against the appellant, the Coal Mines Provident Fund Commissioner without a notice as required under section 80 C.P.C. Appellant objected stating that he was a public officer within the meaning of the term occurring in section 80 C.P.C. and that the suit was incom- peten...
G.J. Fernandez Vs. State of Karnataka & Ors [1990] INSC 26 (1 February 1990)

Judgement Date : 01 Feb 1990

Citation : 1990 Latest Caselaw 26 SC

Headnote :

The petitioner aggrieved by the award of a contract by the respondent in favour of Mysore Construction Company (M.C.C.) filed a Writ Petition and a further Writ Appeal in the Karnataka High Court. Being unsuccessful there he came up in appeal before this Court by way of special leave. The single...
Devi Cine Projector Manufacturingco., Vs. Commissioner of Income Tax [1990] INSC 27 (5 February 1990)

Judgement Date : 05 Feb 1990

Citation : 1990 Latest Caselaw 27 SC

Headnote :

The Income Tax Appellate TribUnal in appeals preferred before it the revenue held that the entirety of interest paid by a firm to its partner was disallowable under Section 40(b) of the Income Tax Act without reference to tile inter- est that might, in turn, have been paid by the partner to the firm...
Keshavji Ravji & Co. Vs. Commissioner of Income Tax [1990] INSC 28 (5 February 1990)

Judgement Date : 05 Feb 1990

Citation : 1990 Latest Caselaw 28 SC

Headnote :

Section 40(b) of the Income Tax Act, 1961, as it stood at the relevant time, prohibited deduction of interest, salary, bonus, commission or remuneration paid by the firm to the partner. Explanation 1 introduced thereto by the Taxation Laws (Amendment) Act, 1984, which took effect from 1st April, 198...
Chairman, Tamil Nadu Housing Board, Madras Vs. T.N. Ganapathy [1990] INSC 29 (7 February 1990)

Judgement Date : 07 Feb 1990

Citation : 1990 Latest Caselaw 29 SC

Headnote :

In pursuance of a Housing Scheme the Tamil Nadu Housing Board, Madras had allotted residential plots over the land acquired under the Land Acquisition Act, to different groups of applicants including the low-income group on terms and conditions stipulated in the lease deed Exh. B-3 sometime in the y...
Smt. Pushpa Devi & Ors Vs. Milkhi Ram [1990] INSC 30 (8 February 1990)

Judgement Date : 08 Feb 1990

Citation : 1990 Latest Caselaw 30 SC

Headnote :

The respondent-landlord filed an eviction petition against the appellants under section 13 of the East Punjab Urban Rent Restriction Act, 1949 on the grounds of arrears of rent, sub-letting and making material alterations impair- ing the utility of the building. On the first date of hear- ing before...
Dharmendra Suganchand Chelawat & Suganchand Kanhaiyyalal Vs. Union of India & Ors [1990] INSC 31 (9 February 1990)

Judgement Date : 09 Feb 1990

Citation : 1990 Latest Caselaw 31 SC

Headnote :

The appellants were arrested for offences punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1988. They were remanded to judicial custody till October 13, 1988. On October 11, 1988 orders were passed under Section 3(1) of the Prevention of illicit Traffic in Narco...
Management of M/S M.S. Nally Bharatengg. Co. Ltd. Vs. State of Bihar & Ors [1990] INSC 32 (9 February 1990)

Judgement Date : 09 Feb 1990

Citation : 1990 Latest Caselaw 32 SC

Headnote :

Sub-section (1) of S. 33-B of the Industrial Disputes Act, 1947 provides that the appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceedings pending before a Labour Court or Tribunal and transfer it for disposal to another Labour Court or Tribunal....
Dorab Cawasji Warden Vs. Coomi Sorab Warden & Ors [1990] INSC 33 (13 February 1990)

Judgement Date : 13 Feb 1990

Citation : 1990 Latest Caselaw 33 SC

Headnote :

The appellant along with his father and mother, were the joint owners of the suit property. After the death of the appellant's mother, he and his father executed an agreement dated 23rd August, 1951 by which they severed their status as joint owners and agreed to hold the property as tenants in...
Hiralal Chawla & ANR Vs. State of U.P. & Ors [1990] INSC 34 (13 February 1990)

Judgement Date : 13 Feb 1990

Citation : 1990 Latest Caselaw 34 SC

Headnote :

Certain cooperative housing societies comprising of the petitioners and others had acquired lands in the trans- Jamuna area of Uttar Pradesh prior to the setting up of the New Okhla Industrial Development Authority in 1976. When the said lands came to be notified for the Development Authority writ p...
Seshasayee Paper & Boards Limited, Erode Vs. Collector of Central Excise, Coimbatore [1990] INSC 35 (13 February 1990)

Judgement Date : 13 Feb 1990

Citation : 1990 Latest Caselaw 35 SC

Headnote :

The appellant who was engaged in the manufacture of paper and paper boards which were assessable under Tariff Item No. 17 of the First Schedule to the Central Excises and Salt Act. 1944. engaged several dealers referred to as Indentors, with a view to promote its sales. In the fixation of the normal...
Smt. Vidhya Dhari Bhagat Vs. Allahabad Law Journal Co. Ltd. [1990] INSC 36 (13 February 1990)

Judgement Date : 13 Feb 1990

Citation : 1990 Latest Caselaw 36 SC

Headnote :

The appellant filed two eviction petitions against the respondent. The first of these was under section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of personal bona fide requirement. The same was decreed in favour of the appellant, and the respondent was granted six months time to va...
Akbar Badrudin Jiwani Vs. Collector of Customs, Bombay [1990] INSC 37 (14 February 1990)

Judgement Date : 14 Feb 1990

Citation : 1990 Latest Caselaw 37 SC

Headnote :

The appellant on behalf of his firm, which is engaged in processing of stone slabs, placed an order for calcareous stone (other than marble) with the exporter in Italy, and asked the exporter to certify that the said goods were not marble. The appellant further obtained from the foreign exporter a s...
M.K. Harihar Iyer Vs. Authorised Officer Land Reforms, Tirunelveli [1990] INSC 38 (14 February 1990)

Judgement Date : 14 Feb 1990

Citation : 1990 Latest Caselaw 38 SC

Headnote :

The appellant land-owner held lands in excess of 30 standard acres as on 6.4.1960. He filed a return as required by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and an enquiry was initiated by the Authorised Officer concerned under Section 9(2)(b) of the Act. Several objection...
Sadhu Singh Ghuman Vs. Food Corporation of India & Ors [1990] INSC 39 (14 February 1990)

Judgement Date : 14 Feb 1990

Citation : 1990 Latest Caselaw 39 SC

Headnote :

In a suit filed by the Respondent for recovery of a certain amount from the appellants and others, on the basis of an agreement between the parties, appellant entered appearance and prayed for the production of original docu- ments, since photostat copies were not clear, so that writ- ten statement...
M.P. Junior Engineers' Association and sangarsh Samity & Ors Vs. State of Madhya Pradesh & ANR [1990] INSC 40 (16 February 1990)

Judgement Date : 16 Feb 1990

Citation : 1990 Latest Caselaw 40 SC

Headnote :

In August 1982 the Government of Madhya Pradesh decided to abolish the Madhya Pradesh Lift Irrigation Corporation. It was also decided to merge the surplus staff of the Corpo- ration in the equivalent posts of the Irrigation Department of the State Government. Accordingly, with effect from 8.10.1...
Joginder Singh Saini Vs. State of Haryana & ANR [1990] INSC 41 (16 February 1990)

Judgement Date : 16 Feb 1990

Citation : 1990 Latest Caselaw 41 SC

Headnote :

The appellants' land was acquired under the Land Acqui- sition Act on March 24, 1971 for planned development as residential area. They were then running a plant nursery on the said land. A large number of potted plants, mother plants and trees also existed there. They demanded compensa- tion for...
Ratilal B. Soni & Ors Vs. State of Gujarat & Ors [1990] INSC 42 (16 February 1990)

Judgement Date : 16 Jan 1990

Citation : 1990 Latest Caselaw 42 SC

Headnote :

The appellants belonging to the Revenue Department of Gujarat State were allocated to the Panchayat Service when the Gujarat Panchayats Act, 1961 came into force and their allocation became final under section 206A(2) of the Act. Thereafter they went on deputation as Circle Inspectors in the Stat...
M.P. Pradhan Vs. Union of India & Ors [1990] INSC 43 (16 February 1990)

Judgement Date : 16 Feb 1990

Citation : 1990 Latest Caselaw 43 SC

Headnote :

Appellant joined State Government service, as paid apprentice on 1.7.1937. He held various posts and was pro- moted to the permanent post of Copyist on 1.8.1941. In March, 1943 he came to Government of india service on depu- tation, and retired in 1976 on attaining the age of 58 years. Thereafter he...
Indian Oxygen Ltd. Vs. State of Bihar & Ors [1990] INSC 44 (16 February 1990)

Judgement Date : 16 Feb 1990

Citation : 1990 Latest Caselaw 44 SC

Headnote :

The appellant--a Public Limited Company had two estab- lishments in the State of Bihar. The holidays available to the employees of the appellant-company were provided by the settlement dated 14th March, 1971. The settlement provided for a total number of 18 holidays for office staff and 14 holidays...
Amar Deo Prakash & Ors Vs. Union of India & Ors [1990] INSC 45 (19 February 1990)

Judgement Date : 19 Feb 1990

Citation : 1990 Latest Caselaw 45 SC

Headnote :

These writ petitions have been fried by Group 'C' (class III) employees of the Railways working in its Transportation (Traffic) Department. The said Department has different streams e.g. 'Control Stream' and 'Traffic Stream' and the employees working therein have different sc...
K. Jagadeesan Vs. Union of India & Ors [1990] INSC 46 (19 February 1990)

Judgement Date : 19 Feb 1990

Citation : 1990 Latest Caselaw 46 SC

Headnote :

The appellant, a diploma holder, was, in 1964, appointed as Transport Officer (Class-I Technical Grade, Group A), which post was later redesignated and merged with the post of Mechanical Engineer (Junior) in 1968. The Geological Survey of India (Group 'A' and Group 'B' posts) Recruit...
Sahab Singh & Ors Vs. State of Haryana [1990] INSC 47 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 47 SC

Headnote :

The appellants were convicted by the Additional Sessions Judge on three counts and sentenced to various terms of imprisonment and a fine of Rs.200 under Sections 148, 323/149 and 302/149 I.P.C. The appellants preferred an appeal against the order of conviction and sentence. Dis- missing the appeal,...
Subhash Mehta Vs. Dr. S.P. Choudhary [1990] INSC 48 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 48 SC

Headnote :

In the proceedings for eviction under the Delhi Rent Control Act, 1958 for arrears of rent, subletting, conver- sion of user from residential to commercial and bona fide need, the appellant-tenant committed breach of the Control- ler's directions under s. 15(1) of the Act in the matter of paymen...
Gajanan Narayan Patil & Ors Vs. Dattatraya Waman Patil & Ors [1990] INSC 49 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 49 SC

Headnote :

The appellants, elected Directors of the Sanjay Sahakari Sakhar Karkhana Ltd., signed a requisition and sent the same to the Respondent 3, Joint Director of Sugar and Joint Registrar Cooperative Societies, Maharashtra State, request- ing him to summon a special meeting of the Committee of the karkha...
P.K. Unni Vs. Nirmala Industries & Ors [1990] INSC 50 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 50 SC

Headnote :

In this appeal by special leave brought by the auction- purchaser against the Judgment of the Madras High Court the sole question for consideration is as regards the period of limitation for making a deposit to make an application under Rule 89 of Order XXI of the Civil Procedure Code, 1908 to set a...
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