Caselaw | Supreme Court Judgements of december 1990

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Dy. Commissioner of Sales Tax (Law), Board of Revenue Vs. Coco Fibres [1990] INSC 374 (4 December 1990)

Citation : 1990 Latest Caselaw 374 SC

Headnote :

The taxpayer is a registered dealer under the Kerala General Sales Tax Act. In its taxable turnover return, the taxpayer excluded the value of coconut husks that were purchased and processed into coconut fibre, arguing that no manufacturing process was involved in the conversion of husk to fibre.Bot...

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Bhoop Alleged Son of Sheo Vs. Matadin Bhardwaj Son of Lakmi Chand [1990] INSC 375 (4 December 1990)

Citation : 1990 Latest Caselaw 375 SC

Headnote :

The Sub-Judge, 1st Class, Mahendergarh, issued a preemption decree in favor of Shanti Devi regarding agricultural land, against the appellant, and instructed Shanti Devi to pay the sale price by November 17, 1968.The respondent, Matadin, acquired a Deed of Assignment for the decree, thereby obtainin...

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Hindustan Petroleum Corporation Ltd. Vs. Yashwant Gajanan Joshi & Ors [1990] INSC 376 (5 December 1990)

Citation : 1990 Latest Caselaw 376 SC

G. Sarana Vs. University of Lucknow & Ors [1976] INSC 160 (28 July 1976)

Headnote :

The appellant corporation initiated proceedings under the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 to install pipelines for the Bombay-Pune Pipeline Project. The Government of India appointed Mrs. A.R. Gadre, a Special Land Officer in the office of the Compete...

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Dhan Singh & Ors Vs. State of Haryana & Ors [1990] INSC 377 (5 December 1990)

Citation : 1990 Latest Caselaw 377 SC

Constitution of India

State of Gujarat & Ors Vs. Raman Lal Keshav Lal & Ors [1983] INSC 8 (27 January 1983)

Headnote :

The appellants and petitioners are former servicemen who have been re-employed by the Respondent State. They served in the Indian Army during the emergency period from 1962 to 1968. Appellants 4, 5, 7, and 8 enlisted during the emergency, while the other appellants and writ petitioners had joined pr...

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Smt. Gitarani Paul Vs. Dibyendra Kundu Alias Dibyendra Kumar Kundu [1990] INSC 378 (6 December 1990)

Citation : 1990 Latest Caselaw 378 SC

Headnote :

The appellant acquired the disputed land from Bauries, the under Raiyats, through sale deeds after the West Bengal Estates Acquisition Act, 1953 came into effect. It was alleged that defendants 1 and 2, along with some police officers, disrupted the appellant-plaintiff\'s possession by destroying th...

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Lakshmi Bangle Stores Vs. Union of India & Ors [1990] INSC 379 (6 December 1990)

Citation : 1990 Latest Caselaw 379 SC

Headnote :

The appellant arranged for a rail wagon to transport a shipment of bangles from Ferozabad to Srikakulam on June 3, 1964, declaring the value of the goods to be Rs. 25,000. Unfortunately, the wagon carrying the glass bangles was involved in an accident on June 22, 1964, resulting in damage. An open a...

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Vijay Cotton And Oil Mills (P) Ltd. Vs. State of Gujarat [1990] INSC 380 (6 December 1990)

Citation : 1990 Latest Caselaw 380 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant owned land in the Kutch District, which was taken over by the Government of Gujarat under the understanding that the Government would provide land of equal value in return. However, the Government issued a notification under section 6(1) of the Land Acquisition Act, 1894, declaring tha...

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Pratap Singh Vs. State of Haryana [1990] INSC 381 (7 December 1990)

Citation : 1990 Latest Caselaw 381 SC

CrPC Section 173. Report of police officer on completion of investigation
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant and his co-defendant were found guilty by the Additional Sessions Judge under Sections 302 and 326 in conjunction with Section 34 of the Indian Penal Code, resulting in a sentence of life imprisonment for the appellant and four years for the co-defendant.Upon appeal, the High Court acq...

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Ramesh Enterprises Vs. Coffee Board [1990] INSC 382 (7 December 1990)

Citation : 1990 Latest Caselaw 382 SC

Coffee Act, 1942

Headnote :

The appellants, who are exporters operating under the Coffee Act of 1942 and the Coffee Rules of 1955, participated in auctions organized by the Respondent Board to purchase coffee for export. The Board sets the terms and conditions for these auction sales. A dispute arose regarding the interpretati...

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Income Tax Officer, Cuttack & Ors Vs. Biju Patnaik [1990] INSC 383 (7 December 1990)

Citation : 1990 Latest Caselaw 383 SC

Income Tax Act, 1961

Headnote :

The respondent-assessee was assessed for income tax for the assessment year 1957-58, which concluded on March 31, 1957. Later, the Income Tax Officer discovered that the assessee had failed to report a sum of Rs. 15 lakhs earned as capital gains from the sale of his mining business. The assessee cla...

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Municipal Corporation of Greater Bombay Vs. New Standard Engineering Co. Ltd. [1990] INSC 384 (7 December 1990)

Citation : 1990 Latest Caselaw 384 SC

Banwarilal Agarwalla Vs. The State of Bihar & Ors [1961] INSC 43 (10 February 1961)

Headnote :

The Respondent Company, an industrial entity, built a structure to provide housing for its employees under the Government Subsidised Scheme for Industrial Workers after securing a subsidy and loan from the Government through an agreement dated November 12, 1959.According to Clause 5 of the agreement...

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Mahabir Cold Storage Vs. Commissioner of Income Tax, Patna [1990] INSC 385 (7 December 1990)

Citation : 1990 Latest Caselaw 385 SC

Headnote :

The appellant-assessee is a registered firm that commenced operations on May 3, 1956, in Purnea as a branch of the partnership firm M/s Prayagchand and Hanumanmal Periwal, which has its Head Office in Calcutta. The firm was comprised of two partners, Prayagchand Periwal and Hanumanmal Periwal.The pa...

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Pankaj Bhargava & ANR Vs. Mohinder Nath & ANR [1990] INSC 386 (11 December 1990)

Citation : 1990 Latest Caselaw 386 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The appellants and respondents jointly applied to the Rent Controller for permission for a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the five-year period expired, the respondents did not surrender possession, prompting the appellants to initiate proceedings for re-d...

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Commissioner of Income Tax, Calcutta Vs. British Paints India Ltd. [1990] INSC 387 (13 December 1990)

Citation : 1990 Latest Caselaw 387 SC

Income Tax Act, 1961

Headnote :

The respondent-assessee, a limited liability company involved in the manufacture and sale of paints, consistently valued its goods in process and finished products solely based on the cost of raw materials, completely disregarding overhead costs. The assessee argued that this approach was justified...

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Babulal Narotfamdas & Ors Vs. Commissioner of Income-Tax, Bombay [1990] INSC 388 (14 December 1990)

Citation : 1990 Latest Caselaw 388 SC

Headnote :

The appellant-assessee utilized the Mercantile accounting system and served as the Managing Agent of a company. On July 20, 1949, the company passed a Resolution agreeing to pay the appellant an additional special remuneration of Rs. 15,000 per year. However, shareholders of the company filed a repr...

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Abhay Shridhar Ambulkar Vs. S.V. Bhave, Commissioner of Police & Ors [1990] INSC 389 (17 December 1990)

Citation : 1990 Latest Caselaw 389 SC

National Security Act, 1980

Headnote :

The petitioner was detained under a detention order dated February 12, 1990, issued by the Commissioner of Police, Greater Bombay, in accordance with section 3(2) of the National Security Act, 1980, aimed at preventing actions detrimental to public order. The petitioner challenged the validity of th...

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Municipal Corporation of Delhi Vs. Pramod Kumar Gupta [1990] INSC 390 (17 December 1990)

Citation : 1990 Latest Caselaw 390 SC

Code of Civil Procedure, 1908 (CPC)
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

The respondent acquired the property in question through an auction sale conducted in accordance with a decree from the Civil Court. The sale was validated under Order XXI, Rule 92 of the Code of Civil Procedure, 1908, and the High Court ordered the issuance of a sale certificate as per Rule 94. Reg...

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Union of India & ANR Vs. Babubhai Nylchand Mehta [1990] INSC 391 (18 December 1990)

Citation : 1990 Latest Caselaw 391 SC

Headnote :

The respondent owns a company that manufactures Waterproof Kraft Paper.The company procured kraft paper and other materials from the open market and combined them with kraft paper at its factory. The company argued that since the manufacturing process did not create various types of kraft papers, it...

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Hakim Ali & ANR Vs. Board of Revenue U.P. & Ors [1990] INSC 392 (19 December 1990)

Citation : 1990 Latest Caselaw 392 SC

Headnote :

The father of appellant No. 1 filed a lawsuit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 against respondent No. 2, seeking a declaration that he was the Bhumidhar of the disputed lands. While the lawsuit was ongoing, the original plaintiff passed away, and the app...

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T.N. Rugmani & ANR Vs. C. Achutha Menon & Ors [1990] INSC 393 (20 December 1990)

Citation : 1990 Latest Caselaw 393 SC

Headnote :

The Municipal Council of Trichur established several schemes, including the West Road Scheme in 1976, with the intention of acquiring certain lands. However, since the scheme was not published for two years as mandated by law, it became void, resulting in the release of the lands from acquisition. I...

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Anand Bihari & Ors Vs. Rajasthan State Road Transport Corporation, Jaipur Through I [1990] INSC 394 (20 December 1990)

Citation : 1990 Latest Caselaw 394 SC

Industrial Disputes Act, 1947

Headnote :

The appellants in C.A. No. 1859-61 were employed as drivers and had served the respondent Corporation satisfactorily for a long time. However, during a medical examination, it was discovered that they had developed poor eyesight, rendering them unfit for driving buses. The respondent Corporation iss...

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Toshiba Anand Batteries Ltd. Vs. Collector of Customs, Cochin [1990] INSC 395 (20 December 1990)

Citation : 1990 Latest Caselaw 395 SC

Customs Tariff Act, 1975

Headnote :

The appellant in this case is a manufacturer of dry batteries who imports electrolytic manganese dioxide with a manganese dioxide content of 91% from overseas. The appellant asserts that customs duty should be assessed under heading 25.01/32(3) of the Customs Tariff Act, 1975, while the revenue auth...

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Additional Secretary To The Government Ofindia & Ors Vs. Smt. Alka Subhash Gadia & ANR [1990] INSC 396 (20 December 1990)

Citation : 1990 Latest Caselaw 396 SC

S.P. Sampath Kumar Vs. Union of India & Ors [1987] INSC 149 (5 May 1987)
S.P. Sampath Kumar Vs. Union of India & Ors [1986] INSC 261 (9 December 1986)

Headnote :

An order of detention issued against the husband of the first respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 could not be served on the intended detenu as he was evading capture. Consequently, a declaration was made that he fell...

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Mrs. Malati Ramchandra Raut & Ors Vs. Mahadevo Vasudeo Joshi & Ors [1990] INSC 397 (20 December 1990)

Citation : 1990 Latest Caselaw 397 SC

Headnote :

The plaintiffs initiated a partition lawsuit, asserting a combined claim of a 2/3 share while acknowledging that the defendants collectively owned a 1/3 share in the properties in question. The plaintiffs argued that the properties could not be divided in a reasonable and convenient manner, thus req...

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Simhadri Satya Narayana Rao. Vs. M. Budda Prasad [1990] INSC 398 (21 December 1990)

Citation : 1990 Latest Caselaw 398 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Court\'s Judgment was presented by VENKATACHALA, J. - These special leave petitions pertain to the judgments in L.P.A. Nos. 1187 of 1981 and 1207 of 1981 from the High Court of Punjab and Haryana.The petitioners owned certain lands in the villages of Burail and Maloya, located on the outskirts o...

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K.V. Swamynathan & Ors Vs. E.V. Padmanabhan & Ors [1990] INSC 399 (21 December 1990)

Citation : 1990 Latest Caselaw 399 SC

Headnote :

The appellants-plaintiffs filed a lawsuit (O.S. No. 298/76) against the respondents-defendants, seeking title and exclusive ownership of the properties in T.S. No. 666/2, along with recovery of possession and damages for the wrongful use and occupation of these properties by the defendants.The appel...

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Simhadri Satya Narayana Rao Vs. M. Budda Prasad & Ors [1990] INSC 400 (21 December 1990)

Citation : 1990 Latest Caselaw 400 SC

Headnote :

The Court\'s Judgment was presented by VENKATACHALA, J. - These special leave petitions concern the judgments in L.P.A. Nos. 1187 of 1981 and 1207 of 1981 from the High Court of Punjab and Haryana. The petitioners owned certain lands in Burail and Maloya village, located on the outskirts of Chandiga...

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Chief of Army Staff & Ors Vs. Major S.P. Chadha [1990] INSC 401 (21 December 1990)

Citation : 1990 Latest Caselaw 401 SC

Army Act, 1950

Headnote :

The respondent, a Lieutenant Colonel, was accused of committing a civil offense. He was assigned to a different regiment to finalize the disciplinary proceedings, during which he was required to give up his acting rank of Lieutenant Colonel in accordance with Army Instruction No. 1/6/74 and was susp...

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S.D. Soni Vs. State of Gujarat [1990] INSC 402 (21 December 1990)

Citation : 1990 Latest Caselaw 402 SC

Indian Penal Code, 1860 (IPC)
IPC Section 196. Using evidence known to be false
IPC Section 300. Murder
IPC Section 302. Punishment for murder

Headnote :

The appellant in Criminal Appeal No. 459 of 1987 was married to Varsha on December 4, 1982. Following their marriage, she moved to Ahmedabad to live with her husband, who was part of a joint family. After approximately a month of living with him, she returned to her parents\' home in Bombay, but her...

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Budha Vs. Amilal [1990] INSC 403 (21 December 1990)

Citation : 1990 Latest Caselaw 403 SC

Headnote :

A piece of agricultural land identified by khasra No. 711/531 was mortgaged through a usufructuary mortgage by Kallu Ram to Sheo Ram, the father of the respondent. Additionally, another agricultural land, with khasra No. 390, was mortgaged jointly by the appellant and Kallu Ram to Sheo Ram in the sa...

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