Caselaw | Supreme Court Judgements of april 1990

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Paul Brothers (Tailoring Division)& Ors Vs. Ashim Kumar Mandal & Ors [1990] INSC 119 (2 April 1990)

Citation : 1990 Latest Caselaw 119 SC

Headnote :

These appeals emerged following specific directives from this Court in the well-known Sanchaita Investment Company case, which, through an extensive advertising campaign, amassed deposits totaling several crores of rupees from thousands of depositors across India. The company thrived and subsequentl...

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Sanatan Gauda Vs. Berhampur University & Ors [1990] INSC 120 (2 April 1990)

Citation : 1990 Latest Caselaw 120 SC

Headnote :

After successfully completing his M.A. examination with over 40 percent marks (364 out of 900), the appellant enrolled in a three-year law program at Ganjam Law College in 1983. Along with his admission application, he submitted his M.A. degree certificate and mark-sheet. He finished his first year,...

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Ram Bhagat Singh & ANR Vs. State of Haryana & ANR [1990] INSC 121 (4 April 1990)

Citation : 1990 Latest Caselaw 121 SC

Constitution of India

Headnote :

According to Rule 8 of the Punjab Civil Services (Judicial Branch Rules, 1951), as modified by the State of Haryana, candidates must achieve a minimum of 55% overall marks in all examination papers, including the viva-voce, to be considered qualified.The petitioners challenged this rule, arguing tha...

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Sanjeev Kumar Aggarwal Vs. Union of India & Ors [1990] INSC 122 (4 April 1990)

Citation : 1990 Latest Caselaw 122 SC

Constitution of India

Headnote :

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act by an order dated July 13, 1989. The circumstances surrounding his arrest and detention are as follows:On July 7, 1989, officers from the Directorate of Revenue Intellige...

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National Union of All India Radio& Ors Vs. Union of India & ANR [1990] INSC 123 (5 April 1990)

Citation : 1990 Latest Caselaw 123 SC

Constitution of India

Headnote :

Staff Artists of All India Radio/Doordarshan, after meeting the initial requirements, were appointed to various roles such as Announcer, News Reader, Conductor, Music Compere, Instrumentalist, Producer, and Script Writer, on a contract basis until the age of 55. In May 1982, the Union of India divid...

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M. Sunderamoorthy Vs. The State of Tamil Nadu [1990] INSC 124 (5 April 1990)

Citation : 1990 Latest Caselaw 124 SC

Headnote :

The appellant served as an Accountant and Head Clerk at the Forest Training School. PW-3, the Principal of the school, and PW-1, the canteen contractor, were involved in the case. The prosecution claimed that following a complaint from the appellant regarding the poor quality of food in the canteen,...

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Gwalior Rayon Silk Mfg. Co. Ltd. Vs. Custodian of Vested Forests Palghat & ANR [1990] INSC 125 (6 April 1990)

Citation : 1990 Latest Caselaw 125 SC

Gwalior
States Reorganisation Act, 1956

Headnote :

The appellant company was operating a substantial eucalyptus plantation for its own use in the production of Rayon Grade Pulp. The State of Kerala asserted that due to the Kerala Private Forests (Vesting and Assignment) Act of 1971, the eucalyptus plantation, classified as a \'private forest\', was...

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Thapar Institute of Engineering Andtechnology, Patiala Vs. Abhinav Taneja & Ors [1990] INSC 126 (6 April 1990)

Citation : 1990 Latest Caselaw 126 SC

Constitution of India

Headnote :

For the B.E. Course admissions for the 1989-90 session at the appellant Institute and three other institutes, a Combined Entrance Test was conducted by Punjab University. The results were announced, and students were assigned to their preferred institutes. The appellant Institute created a merit lis...

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Mrs. Roshan Sam Vs. B.R. Cotton Mills Ltd. & Ors [1990] INSC 127 (6 April 1990)

Citation : 1990 Latest Caselaw 127 SC

Contempt of Courts Act, 1971

Headnote :

The appellant-landlord secured an eviction decree against respondent No. 1 company from the premises in question. In response, respondent No. 1 filed a Writ Petition with the High Court. The High Court dismissed the petition but allowed respondent No. 1 eight weeks to vacate the premises, contingent...

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Vinay Kumar Verma & Ors Vs. The State of Bihar & Ors [1990] INSC 128 (6 April 1990)

Citation : 1990 Latest Caselaw 128 SC

Bihar Engineering Service Rules, 1939

Headnote :

Rule 4 of the Bihar Engineering Service Rules, 1939 outlines the recruitment process for the Executive Engineers in the Bihar Public Works Department through (i) direct recruitment and (ii) promotion from Class II Service. On February 18, 1977, the State Government issued a memorandum merging the ca...

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Government of Andhra Pradesh & ANR Vs. M. Hayagreev Sarma [1990] INSC 129 (6 April 1990)

Citation : 1990 Latest Caselaw 129 SC

Births, Deaths and Marriages Registration Act, 1886

Headnote :

The respondent began his career in the Department of Examiner of Accounts, Local Fund, where his date of birth was recorded based on his S.S.L.C. Certificate. He subsequently applied to change his date of birth, but his request was denied by the Head of Department in an order dated January 5, 1968....

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Smt. Mayawanti Vs. Smt. Kaushalya Devi [1990] INSC 130 (6 April 1990)

Citation : 1990 Latest Caselaw 130 SC

Headnote :

In 1973, the appellant filed a civil suit against the respondent, seeking a decree for specific performance of a contract, or alternatively, a decree for a total of Rs. 16,000, which included an earnest money deposit of Rs. 5,000. The appellant claimed that she had entered into an agreement on Septe...

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Sarda Plywood Ltd. & ANR Vs. Union of India & Ors [1990] INSC 131 (9 April 1990)

Citation : 1990 Latest Caselaw 131 SC

Destructive Insects and Pests Act, 1914

Headnote :

The petitioners submitted a writ petition to the High Court, contesting the Notification issued on 27.10.1989 under the Destructive Insects and Pests Act of 1914.In considering whether certain timber logs imported by the petitioners for plywood manufacturing were subject to Quarantine regulations as...

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A.P. Public Service Commission, Hyderabadanr. Vs. B. Sarat Chandra & Ors [1990] INSC 132 (10 April 1990)

Citation : 1990 Latest Caselaw 132 SC

Headnote :

According to Rule 5 of the A.P. Police Service Rules, 1966, an individual cannot be appointed as Deputy Superintendent of Police unless they are at least 21 years old on July 1 of the year in which the selection occurs.On August 25, 1983, the appellant Service Commission announced a combined examina...

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Scientific Adviser to The Ministry of Defence& Ors Vs. S. Daniel & Ors [1990] INSC 133 (10 April 1990)

Citation : 1990 Latest Caselaw 133 SC

Delegation of Powers
Delegation of Powers
General Clauses Act, 1897

Headnote :

The respondents held Class III civil positions in the Research Laboratories associated with the Ministry of Defence. According to the Central Civil Services (Classification, Control and Appeal) Rules, 1965, their appointing authority was the Scientific Adviser. However, the Scientific Adviser delega...

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State of Haryana & ANR Vs. Ram Diya [1990] INSC 134 (10 April 1990)

Citation : 1990 Latest Caselaw 134 SC

Constitution of India
CrPC Section 432. Power to suspend or remit sentences
CrPC Section 433A. Restriction on powers of remission or commutation in certain cases
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 55. Commutation of sentence of imprisonment for life

Headnote :

Paragraph 516-B of the Punjab Jail Manual outlines the conditions for the premature release of prisoners and serves as executive guidance. The State Government revised these instructions in 1971 and again in 1976. The 1976 revision specified that life convicts whose sentences had been commuted shoul...

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Mallikarjuna Rao & Ors Vs. State of Andhra Pradesh & Ors [1990] INSC 135 (10 April 1990)

Citation : 1990 Latest Caselaw 135 SC

Constitution of India

Headnote :

The Andhra Pradesh Animal Husbandry Service Rules of 1961 regulated the service conditions for the Andhra Pradesh Animal Husbandry Department, allowing Veterinary Assistant Surgeons to be promoted to three categories of Class IV positions. Rule 6 of these Rules established specific eligibility crite...

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Miss Raj Soni Vs. Air Officer Incharge Administration & ANR [1990] INSC 136 (10 April 1990)

Citation : 1990 Latest Caselaw 136 SC

Constitution of India

Headnote :

The standard retirement age for employees of aided schools, as set forth in section 208 of the Delhi Education Code, 1965, was 60 years. However, the proviso to section 8(1) of the Delhi Education Act, 1973, prevented the administrator from altering the service conditions of employees of existing sc...

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Sabyaschi Sengupta & Ors Vs. Nani Gopal Datta & Ors [1990] INSC 137 (11 April 1990)

Citation : 1990 Latest Caselaw 137 SC

Constitution of India

Headnote :

A group of employees from the West Bengal Civil Service (Executive) submitted a writ petition to the High Court, requesting that the State Government establish appropriate seniority rules. The High Court issued an interim order instructing the State Government to create these seniority rules and to...

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State of Bihar & Ors Vs. Ramjee Prasad & Ors [1990] INSC 138 (11 April 1990)

Citation : 1990 Latest Caselaw 138 SC

Headnote :

The State of Bihar issued an advertisement seeking applications for junior teaching positions in its medical colleges. For the role of Assistant Professor, only those individuals who had served as Residents or Registrars in Medical Hospitals recognized by the Medical Council of India for M.B.B.S. ed...

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Elizabeth Antony Vs. Michel Charles John Chown Lengera [1990] INSC 139 (12 April 1990)

Citation : 1990 Latest Caselaw 139 SC

Indian Succession Act, 1925

Headnote :

The respondent, who claims to be the beneficiary of the estate of the deceased \'M\' under a will she executed, submitted an application to the Sub Court for Letters of Administration. The petitioner filed a caveat and contested the probate of the will, arguing that the will presented by the respond...

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All India State Bank Officers Federationthrough its Preside Vs. Union of India & Ors [1990] INSC 140 (16 April 1990)

Citation : 1990 Latest Caselaw 140 SC

Constitution of India

Headnote :

The All India State Bank Officers\' Federation submitted a Writ Petition to this Court on April 24, 1989, challenging a new promotion policy introduced by the State Bank of India. The petition was backed by an affidavit from the Federation\'s President, who confirmed the truth of the petition\'s con...

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Abdu Salam @ Thiyyan Vs. Union of India & Ors [1990] INSC 141 (17 April 1990)

Citation : 1990 Latest Caselaw 141 SC

Constitution of India

T.A. Abdul Rahman Vs. State of Kerala & Ors [1989] NSC 253 (23 August 1989)
Rajendrakumar Natvarlal Shah Vs. State of Gujarat & Ors [1988] INSC 162 (10 May 1988)
Shyam Ambalal Siroya Vs. Union of India & Ors [1980] INSC 30 (20 February 1980)
Sabir Ahmed Vs. Union of India & Ors [1980] INSC 89 (18 April 1980)

Headnote :

After completing his Haj pilgrimage, the appellant traveled to Jeddah and arrived in Bombay on September 15, 1987.Subsequently, he took a bus to return to his hometown in Kerala. On September 17, 1987, customs officials stopped the bus he was on and, in the presence of witnesses, conducted a search...

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Mathura Prasad Vs. Ajeem Khan [1990] INSC 142 (17 April 1990)

Citation : 1990 Latest Caselaw 142 SC

Lila Krishan Vs. Mani Ram Godara & Ors [1985] INSC128 (8 May 1985)

Headnote :

The elections for the Legislative Assembly of Madhya Pradesh took place in February 1985. For Constituency No. 14 Lahar (District Bhind), nomination papers were submitted by February 6, 1985, and the scrutiny occurred on February 7, 1985. During this process, the Returning Officer rejected the nomin...

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Othayath Lekshmy & ANR Vs. Nellachinkuniyil Govindan Nair & Ors [1990] INSC 143 (19 April 1990)

Citation : 1990 Latest Caselaw 143 SC

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

Bhanu Kumar Shastri Vs. Mohan Lal Sukhadia & Ors [1971] INSC 30 (22 January 1971)

Headnote :

In 1970, the appellants filed an Execution Application in the Court of Munsiff under Section 13(B) of the Land Reforms Act 1969, seeking the restoration of possession of properties that had been sold at a court auction due to a decree for unpaid rent. The decree holder and the purchasers at the auct...

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State of Maharashtra Vs. Mahadeo Deoman Rai Alias Kalal & Ors [1990] INSC 144 (19 April 1990)

Citation : 1990 Latest Caselaw 144 SC

Headnote :

The Municipal Council granted the respondent permission to build on the contested land. Subsequently, the area was designated under section 4 of the Land Acquisition Act for a town planning initiative. When construction was halted, the respondent initiated a lawsuit for damages. However, on February...

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Hoshiarpur Improvement Trust Vs. President Land Acquisition Tribunal& Ors [1990] INSC 145 (19 April 1990)

Citation : 1990 Latest Caselaw 145 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The lands owned by the respondents were taken for a project initiated by the Appellant-Improvement Trust. Compensation awards were issued by the Collector on January 6, 1979, and April 30, 1982. The Land Acquisition Tribunal resolved the matter with its awards dated March 28, 1983, and August 29, 19...

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Smt. Vanka Radhamanohari Vs. Vanke Venkata Reddy & Ors [1990] INSC 146 (20 April 1990)

Citation : 1990 Latest Caselaw 146 SC

CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
CrPC Section 482. Saving of inherent power of High Court
IPC Section 404. Dishonest misappropriation of property possessed by deceased person at the time of his death
IPC Section 468. Forgery for purpose of cheating
IPC Section 494. Marrying again during lifetime of husband or wife
IPC Section 498A. Husband or relative of husband of a women subjecting her to cruelty

Headnote :

A complaint petition was submitted to the Magistrate by the Appellant, alleging that she was mistreated and subjected to cruelty by her husband, the accused respondent, as well as by her in-laws. She also claimed that during their marriage, her husband remarried and took a second wife.The High Court...

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Clothing Factory, National Workers' Union Avadi, Madras Vs. Union of India [1990] INSC 147 (20 April 1990)

Citation : 1990 Latest Caselaw 147 SC

Corrigendum
Industrial Disputes Act, 1947

Headnote :

The key issue in this appeal is whether piece-rated workers are entitled to overtime pay for hours worked beyond the standard 44-3/4 hours, specifically for an additional 3-1/4 hours in a week, and what the appropriate rate for that overtime should be.In the Clothing Factory, workers are classified...

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K.P. Periannan Vs. Government of Tamil Nadu & Ors [1990] INSC 148 (20 April 1990)

Citation : 1990 Latest Caselaw 148 SC

Headnote :

The appellant submitted the highest bid during the auction for an arrack shop, but his bid was deemed insufficient. Consequently, the shop was auctioned again, and the bid from \'C\' was provisionally accepted. However, \'C\' did not meet certain requirements, leading to another auction where the bi...

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Vijayee Singh & Ors Vs. State of Uttar Pradesh [1990] INSC 149 (20 April 1990)

Citation : 1990 Latest Caselaw 149 SC

CrPC Section 13. Special Judicial Magistrates
Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide

Headnote :

Fourteen individuals were prosecuted for offenses under Section 148 and Section 302 in conjunction with Section 149 of the Indian Penal Code (I.P.C.) for the murders of Mahendra Singh and Virendra Singh, as well as for injuring three others: Vijay Narain Singh (P.W. 1), Uma Shankar Singh (P.W. 2), a...

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New India Assurance Co. Ltd. Vs. Ram Dayal & Ors [1990] INSC 150 (20 April 1990)

Citation : 1990 Latest Caselaw 150 SC

Headnote :

In a compensation claim, the Motor Accident Claims Tribunal determined that the insurer was not responsible for covering the compensation awarded against the vehicle\'s owner, as the insurance policy was purchased after the accident occurred. However, upon appeal, the High Court ruled that the insur...

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Chanan Lal & Ors Vs. Smt. Azizunisha [1990] INSC 151 (20 April 1990)

Citation : 1990 Latest Caselaw 151 SC

M.P. Accommodation Control Act, 1961

Headnote :

The landlady, who is the respondent, sought to evict the appellant under section 12(1)(f) of the M.P. Accommodation Control Act, 1961, citing a genuine need for her son to continue his tailoring business, which was currently operating in a small room within the same premises. The trial court upheld...

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Smt. Puspa Sen Gupta Vs. Smt. Susma Ghose [1990] INSC 152 (20 April 1990)

Citation : 1990 Latest Caselaw 152 SC

West Bengal Premises Tenancy Act, 1956

Headnote :

The landlord initiated eviction proceedings against the tenant, claiming non-payment of rent. The tenant argued that while they had deposited the rent, the failure to pay electricity charges should not be considered a default in rent payment. The Trial Court dismissed the eviction suit, ruling that...

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District Collector And Chairman Vizianagaram Vs. M. Tripura Sundari Devi [1990] INSC 153 (20 April 1990)

Citation : 1990 Latest Caselaw 153 SC

Headnote :

In response to a newspaper advertisement from the State Government seeking applications for Grade-I and Grade-II teacher positions (Post Graduate Teacher and Trained Graduate Teachers), the appellant in this case submitted her application.The advertisement specified that candidates needed to have a...

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Smt. Shanty Devil. Singh And' ANR Vs. Tax Recovery Officer & Ors [1990] INSC 154 (23 April 1990)

Citation : 1990 Latest Caselaw 154 SC

Code of Civil Procedure, 1908 (CPC)
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

The appellants acquired properties through auction sales organized by the Tax Recovery Officer for the collection of income tax and received sale certificates. As mandated by Rule 21 of the Income Tax (Certificate) Proceedings Rules (ITCP Rules), copies of these certificates were also forwarded to t...

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N. Nagaraja Vs. Vasant K. Gudodagi & Ors [1990] INSC 155 (24 April 1990)

Citation : 1990 Latest Caselaw 155 SC

Headnote :

The appellant began his career with the State Government as a Lecturer. He was later assigned to the Directorate of Youth Services as an Assistant Director, where he was eventually confirmed in that role. On March 27, 1978, he received a temporary promotion to Deputy Director for six months, and on...

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Ram Ekbal Sharma Vs. State of Bihar & ANR [1990] INSC 156 (24 April 1990)

Citation : 1990 Latest Caselaw 156 SC

Constitution of India

Headnote :

The appellant, a Bihar State officer, submitted a writ petition to the High Court, contesting the compulsory retirement order issued by the respondent State under Rule 74(b)(ii) of the Bihar Service Code, 1979. He argued that he had a commendable 30-year service record with unquestionable integrity,...

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Dr. Yogesh Bhardwaj Vs. State of U.P. & Ors [1990] INSC 157 (24 April 1990)

Citation : 1990 Latest Caselaw 157 SC

Headnote :

The appellant, nominated by the State of Himachal Pradesh to pursue the B.D.S. course in Uttar Pradesh, successfully completed the program and obtained his B.D.S. degree after residing in the state for over five years. Subsequently, he applied for admission to the M.D.S. course at King George Medica...

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Union of India & Ors Vs. M/S. Wood Papers Ltd. & ANR [1990] INSC 158 (24 April 1990)

Citation : 1990 Latest Caselaw 158 SC

Constitution of India

Headnote :

The Respondent Company, founded in 1942, began production in 1944, initially focusing on Straw Boards and Mill boards until 1964. In 1965, it broadened its operations by starting the manufacture of duplex board. The following year, it began producing packing and wrapping paper on an experimental bas...

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Hind Builders Vs. Union of India And Vice-Versa [1990] INSC 159 (24 April 1990)

Citation : 1990 Latest Caselaw 159 SC

Code of Civil Procedure, 1908 (CPC)
Interest Act, 1978

Headnote :

Disputes arose between the Union of India and the Contractors regarding the contract awarded for certain civil works related to the Metro Railway Project in Calcutta. These disputes were referred to two Arbitrators appointed by the High Court of Calcutta. The Contractors submitted a detailed claim t...

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Virender Kumar Vs. Avinash Chandra Chadha & Ors [1990] INSC 160 (25 April 1990)

Citation : 1990 Latest Caselaw 160 SC

Constitution of India

Headnote :

The employees involved in this case are Traffic Apprentices who belong to the Class-III Railway service, which consists of four grades with varying pay scales. Above the Class-III positions are the Class-II and Class-I posts. Promotions to Class-II positions are filled through selection from the Cla...

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M.J. Zakharia Sait Vs. T.M. Mohammed & Ors [1990] INSC 161 (25 April 1990)

Citation : 1990 Latest Caselaw 161 SC

Code of Civil Procedure, 1908 (CPC)
Indian Penal Code, 1860 (IPC)
Representation of the People Act, 1951

Headnote :

In the 1987 Kerala Legislative Assembly election, the appellant ran against the first respondent.The appellant and the respondents were affiliated with two distinct political fronts, each comprising multiple parties. The appellant won the election by a margin of 1,873 votes over his closest competit...

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Uco Bank Vs. Hem Chandra Sarkar [1990] INSC 162 (25 April 1990)

Citation : 1990 Latest Caselaw 162 SC

Headnote :

The respondent, who was involved in indenting and lifting goods from various textile mills and maintained a current account with the appellant-Bank for this purpose, initiated a lawsuit against the Bank seeking accounts, damages, compensation, and the delivery of goods or their monetary equivalent....

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D. Hanmanth Rao & Ors Vs. State of A.P. & Ors [1990] INSC 163 (25 April 1990)

Citation : 1990 Latest Caselaw 163 SC

Constitution of India

Headnote :

Sub-rule 3(a) of rule 3 of the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1965 states that 37.5% of the substantive vacancies for Assistant Engineers must be filled through direct recruitment, while the remaining 62.5% should be filled through the transfer and promotion of junio...

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Miss Shainda Hasan Vs. State of Uttar Pradesh & Ors [1990] INSC 164 (25 April 1990)

Citation : 1990 Latest Caselaw 164 SC

Constitution of India

Headnote :

The respondent college, which is a religious minority institution, invited applications for the position of Principal from candidates who hold a First or Second class Master\'s Degree, have five years of teaching experience, and possess a working knowledge of Urdu. The Selection Committee chose the...

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Rohit Pulp And Paper Mills Ltd. Vs. Collector of Central Excise, Baroda [1990] INSC 165 (26 April 1990)

Citation : 1990 Latest Caselaw 165 SC

Central Excises and Salt Act, 1944

Headnote :

Notifications No. 24 and 25 of 1984, issued on March 1, 1984, pertained to paper and paperboard classified under item 17(1) of the first schedule of the Central Excises and Salt Act, 1944.Notification No. 24 of 1984 imposed restrictions on the excise duty for certain items, while Notification No. 25...

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Suryakumar Govindjee Vs. Krishnammal & Ors [1990] INSC 166 (26 April 1990)

Citation : 1990 Latest Caselaw 166 SC

Headnote :

On June 9, 1936, the predecessor of the respondents entered into a lease agreement with the predecessor of the appellant for a duration of 15 years. The leased property consisted of vacant land, a well, and a Kaichalai, allowing the lessee to build on the vacant land and establish a petrol selling b...

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Star Enterprises Vs. City And Industrial Development Corporationof Maharashtra L [1990] INSC 167 (30 April 1990)

Citation : 1990 Latest Caselaw 167 SC

State of U.P. Vs. Raj Narain & Ors [1975] INSC 16 (24 January 1975)

Headnote :

The appellants submitted the highest bids for specific plots available for lease in response to a public tender issued by the respondent Corporation, a Government Company, and fulfilled the deposit requirements. However, the respondent rejected these bids without providing any justification.The appe...

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State of Punjab & Ors Vs. Nachhatfar Singh [1990] INSC 168 (30 April 1990)

Citation : 1990 Latest Caselaw 168 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The respondent, a constable who was convicted under sections 325/34 of the Indian Penal Code along with another co-accused constable, was dismissed from service. He subsequently filed a lawsuit challenging his dismissal, which the trial court dismissed on the grounds of limitation. However, upon app...

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