Caselaw | Supreme Court Judgements of february 1990

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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, dissatisfied with the contract awarded by the respondent to Mysore Construction Company (M.C.C.), filed a Writ Petition and subsequently a Writ Appeal in the Karnataka High Court. After facing setbacks there, he sought special leave to appeal to this Court.The single judge of the Hig...

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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

Income Tax Act, 1961

Headnote :

The Income Tax Appellate Tribunal, in the appeals brought before it, determined that the total interest paid by a firm to its partner was not allowable under Section 40(b) of the Income Tax Act, regardless of any interest the partner may have paid to the firm on his own borrowings. When the appellan...

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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

Income Tax Act, 1961

Headnote :

Section 40(b) of the Income Tax Act, 1961, as it was at the relevant time, prohibited the deduction of interest, salary, bonus, commission, or remuneration paid by a firm to its partners. Explanation 1, added by the Taxation Laws (Amendment) Act, 1984, effective from April 1, 1985, stated that if a...

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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

Code of Civil Procedure, 1908 (CPC)

Headnote :

As part of a Housing Scheme, the Tamil Nadu Housing Board in Madras allocated residential plots on land acquired under the Land Acquisition Act to various groups of applicants, including those from low-income backgrounds, under the terms outlined in the lease deed Exh. B-3 in 1963. More than ten yea...

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Smt. Pushpa Devi & Ors Vs. Milkhi Ram [1990] INSC 30 (8 February 1990)

Judgement Date : 08 Feb 1990

Citation : 1990 Latest Caselaw 30 SC

East Punjab Urban Rent Restriction Act, 1949
Insurance Act, 1938
Section 114. TPA, Relief against forfeiture for non-payment of rent.
Transfer of Property Act, 1882

Headnote :

The landlord who is the respondent filed an eviction petition against the appellants under section 13 of the East Punjab Urban Rent Restriction Act, 1949, citing reasons such as unpaid rent, sub-letting, and making significant alterations that affected the building\'s utility. During the initial hea...

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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

Constitution of India

Suraj Pal Sahu Vs. State of Maharashtra & Ors [1986] INSC 198 (25 September 1986)

Headnote :

The appellants were apprehended for offenses under the Narcotic Drugs and Psychotropic Substances Act of 1988 and were placed in judicial custody until October 13, 1988. On October 11, 1988, orders were issued under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic...

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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

Industrial Disputes Act, 1947

Headnote :

Sub-section (1) of Section 33-B of the Industrial Disputes Act, 1947 states that the appropriate Government may, through a written order and with stated reasons, withdraw any ongoing proceedings from a Labour Court or Tribunal and reassign it to another Labour Court or Tribunal for resolution.Respon...

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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

Code of Civil Procedure, 1908 (CPC)
Section 44. TPA, Transfer by one co-owner.

Headnote :

The appellant, along with his father and mother, jointly owned the property in question. Following the death of the appellant\'s mother, he and his father entered into an agreement on August 23, 1951, which severed their joint ownership and established their status as tenants in common. On April 16,...

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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

Constitution of India

Headnote :

A number of cooperative housing societies, including the petitioners and others, acquired land in the trans-Jamuna region of Uttar Pradesh before the establishment of the New Okhla Industrial Development Authority in 1976. When these lands were subsequently notified for the Development Authority, wr...

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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

Central Excises and Salt Act, 1944

Headnote :

The appellant, involved in the production of paper and paper boards subject to Tariff Item No. 17 of the First Schedule to the Central Excises and Salt Act of 1944, engaged various dealers known as Indentors to enhance its sales. When determining the normal price of these products under section 4 of...

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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

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

Headnote :

The appellant initiated two eviction proceedings against the respondent. The first was filed under section 14(1)(e) of the Delhi Rent Control Act, 1958, citing personal bona fide need. This petition was ruled in favor of the appellant, granting the respondent six months to vacate the property, in li...

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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

Customs Act, 1962
Customs Tariff Act, 1975

Dunlop India Ltd. Vs. Union of India & Ors [1989] INSC 368 (1 December 1989)
Dunlop India Ltd. Vs. Union of India & Ors [1975] INSC 243 (6 October 1975)

Headnote :

The appellant, representing his stone slab processing firm, placed an order for calcareous stone (excluding marble) with an Italian exporter and requested certification that the goods were not marble. Additionally, the appellant obtained a sample tile from the exporter, which was tested by a reputab...

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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, a landowner, possessed more than 30 standard acres as of April 6, 1960. He submitted a return as mandated by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, prompting an inquiry by the relevant Authorised Officer under Section 9(2)(b) of the Act. The appellant\'s...

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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 lawsuit initiated by the Respondent seeking to recover a specific amount from the appellants and others based on an agreement between the parties, the appellant appeared in court and requested the production of original documents, as the photocopies were unclear, to enable the filing of a writt...

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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 Madhya Pradesh Government made the decision to dissolve the Madhya Pradesh Lift Irrigation Corporation.It was also determined that the surplus personnel from the Corporation would be integrated into equivalent positions within the State Government\'s Irrigation Department. Conseq...

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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

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellants\' property was acquired on March 24, 1971, under the Land Acquisition Act for the purpose of developing a residential area. At that time, they operated a plant nursery on the land, which contained numerous potted plants, mother plants, and trees. They requested compensation for the la...

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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

Gujarat Panchayats Act, 1961

Headnote :

The appellants, who are part of the Revenue Department of Gujarat State, were assigned to the Panchayat Service when the Gujarat Panchayats Act, 1961 was enacted, and their assignment was finalized under section 206A(2) of the Act.Subsequently, they were assigned to the State service as Circle Inspe...

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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 :

The appellant began his service with the State Government as a paid apprentice on July 1, 1937. He held several positions and was promoted to the permanent role of Copyist on August 1, 1941. In March 1943, he transitioned to the Government of India service on deputation and retired in 1976 upon reac...

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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, operated two establishments in the State of Bihar. The holidays for the employees of the appellant were outlined in a settlement dated March 14, 1971, which specified a total of 18 holidays for office staff and 14 for factory staff.A dispute arose between the...

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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

Constitution of India

Headnote :

These writ petitions have been filed by Group \'C\' (Class III) employees of the Railways who are employed in the Transportation (Traffic) Department. This Department consists of various streams, such as the \'Control Stream\' and \'Traffic Stream\', with employees in these streams receiving differe...

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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, who holds a diploma, was appointed as a Transport Officer (Class-I Technical Grade, Group A) in 1964. This position was later reclassified and merged with the Mechanical Engineer (Junior) role in 1968. The Recruitment Rules for the Geological Survey of India (Group \'A\' and Group \'B...

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Sahab Singh & Ors Vs. State of Haryana [1990] INSC 47 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 47 SC

CrPC Section 374. Appeals from convictions
CrPC Section 401. High Court’s powers of revision

Headnote :

The appellants were found guilty by the Additional Sessions Judge on three charges and received various prison sentences along with a fine of Rs.200 under Sections 148, 323/149, and 302/149 of the Indian Penal Code (I.P.C.). They subsequently filed an appeal against their conviction and sentencing....

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Subhash Mehta Vs. Dr. S.P. Choudhary [1990] INSC 48 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 48 SC

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

Headnote :

In the eviction proceedings under the Delhi Rent Control Act, 1958 concerning unpaid rent, subletting, change of use from residential to commercial, and genuine need, the appellant-tenant violated the Controller\'s directives under section 15(1) of the Act regarding the payment of monthly rent. As a...

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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

Constitution of India
Maharashtra Co-Operative Societies Act, 1960

Headnote :

The appellants, who are the elected Directors of the Sanjay Sahakari Sakhar Karkhana Ltd., submitted a requisition to Respondent 3, the Joint Director of Sugar and Joint Registrar of Cooperative Societies for Maharashtra, requesting the convening of a special meeting of the Karkhana\'s Committee to...

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P.K. Unni Vs. Nirmala Industries & Ors [1990] INSC 50 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 50 SC

Limitation Act, 1963

Headnote :

In this appeal by special leave filed by the auction purchaser against the judgment of the Madras High Court, the primary issue for consideration is the limitation period for making a deposit in order to submit an application under Rule 89 of Order XXI of the Civil Procedure Code, 1908, to annul the...

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J.C. Yadav & Ors Vs. State of Haryana & Ors [1990] INSC 51 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 51 SC

Headnote :

The appointment and promotion to Class I Engineering Service in Haryana are governed by the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961. According to Rule 5, appointments to Class I Service can be made, among other methods, through promotion from Class II Service.Rule...

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K.K. Khosla & ANR Vs. State of Haryana & Ors [1990] INSC 52 (20 February 1990)

Judgement Date : 20 Feb 1990

Citation : 1990 Latest Caselaw 52 SC

Headnote :

Rule 5 of the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules 1961 mandates that 50% of Executive Engineer positions must be filled through promotions from Class II Service members. According to Rule 9(3), a service member is ineligible for promotion to Executive Engineer unles...

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Kerala Hotel & Restaurant Association & Ors etc. Vs. State of Kerala & Ors [1990] INSC 53 (21 February 1990)

Judgement Date : 21 Feb 1990

Citation : 1990 Latest Caselaw 53 SC

Constitution of India
Kerala General Sales Tax Act, 1963

Headnote :

The constitutional validity of similar provisions in the states of Kerala and Tamil Nadu, which impose a sales tax on cooked food sold exclusively in luxury hotels while exempting modest eateries, was contested by several hoteliers in both states. They argued that this constituted hostile discrimina...

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Srish Kumar Choudhury Vs. State of Tripura & Ors [1990] INSC 54 (23 February 1990)

Judgement Date : 23 Jan 1990

Citation : 1990 Latest Caselaw 54 SC

Bhaiyalal Vs. Harikishan Singh & Ors [1965] INSC 22 (5 February 1965)

Headnote :

The appellant resides in Tripura State and claims to belong to the Laskar community, which is recorded in state documents as part of the Deshi Tripura community. Historically, this community has been recognized as Scheduled Tribes in the former State of Tripura, allowing its members to enjoy all the...

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S. Prakasha Rao & ANR Vs. Commissioner of Commercial Taxes & Ors [1990] INSC 55 (23 February 1990)

Judgement Date : 23 Feb 1990

Citation : 1990 Latest Caselaw 55 SC

Bombay Land Requisition Act, 1948
Bombay Land Requisition Act, 1948

Headnote :

Article 371-D, introduced into the Constitution by the Thirty-Second Amendment Act in 1973 and effective from July 1, 1974, granted the President authority regarding the State of Andhra Pradesh to issue an Order that (1) required the State Government to organize various classes of posts in the civil...

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The Dharwad Distt. P.W.D. Literate Daily Wages Employee Vs. State of Karnataka & Ors [1990] INSC 56 (23 February 1990)

Judgement Date : 23 Feb 1990

Citation : 1990 Latest Caselaw 56 SC

Constitution of India

Randhir Singh Vs. Union of India & Ors [1982] INSC 24 (22 February 1982)

Headnote :

These are Writ Petitions filed under Article 32 of the Constitution of India, along with a Special Leave Petition challenging the Judgment of the Karnataka High Court. The petitions have been submitted by two trade unions, a Society formed by law students from University College, and two individuals...

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Som Raj & Ors Vs. State of Haryana & Ors [1990] INSC 57 (23 February 1990)

Judgement Date : 23 Feb 1990

Citation : 1990 Latest Caselaw 57 SC

Headnote :

Constitution of India, 1950: Articles 14 and 16 regarding Service Law in the Punjab Subordinate Agricultural Service -- Directorates of Agriculture -- Subordinate Offices -- Employees\' non-maintenance of common seniority is deemed not arbitrary.Civil Services -- Punjab Subordinate Agricultural Serv...

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Hindi Hitrakshak Samiti & Ors Vs. Union of India & Ors [1990] INSC 58 (26 February 1990)

Judgement Date : 26 Feb 1990

Citation : 1990 Latest Caselaw 58 SC

Constitution of India

Headnote :

A Writ Petition was submitted to this Court requesting an order for the respondents to conduct pre-medical and pre-dental examinations in Hindi and other regional languages.It was argued that candidates should be allowed to take the pre-medical and dental examinations in Hindi and other regional lan...

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M.M.R. Khan & Ors Vs. Union of India & Ors [1990] INSC 59 (27 February 1990)

Judgement Date : 27 Feb 1990

Citation : 1990 Latest Caselaw 59 SC

Constitution of India
Factories Act, 1948

Headnote :

The petitioners in this set of Writ Petitions are employees working in canteens operated within various railway establishments.The relief sought in all petitions is for these workers to be recognized as railway employees and to receive all the service benefits that railway employees are entitled to....

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Vijay Kumar Sharma & Ors Vs. State of Karnataka & Ors [1990] INSC 60 (27 February 1990)

Judgement Date : 27 Feb 1990

Citation : 1990 Latest Caselaw 60 SC

Constitution of India
Government of India Act, 1935
Motor Vehicles Act, 1939
Motor Vehicles Act, 1988

Deep Chand Vs. The State of Uttar Pradesh & Ors [1959] INSC 3 (15 January 1959)

Headnote :

Article 254 of the Constitution of India addresses the conflict between Parliamentary Acts and State Acts concerning matters listed in the Concurrent List of the Seventh Schedule. This raises the question of whether the Karnataka Contract Carriages (Acquisition) Act, 1976 is in conflict with the Mot...

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Union of India & Ors Vs. M.P. Singh & Ors [1990] INSC 61 (27 February 1990)

Judgement Date : 27 Feb 1990

Citation : 1990 Latest Caselaw 61 SC

Constitution of India

Headnote :

The issue in these appeals, brought forth by special leave, concerns the seniority among officers in Class \'A\' of the Indian Defence Estate Service. Class \'A\' consists of officers promoted from two distinct channels: Assistant Military Estate Officers and Assistant Military Estate Officers (Tech...

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All India Railway Institute Employees' Association Vs. Union of India [1990] INSC 62 (27 February 1990)

Judgement Date : 27 Feb 1990

Citation : 1990 Latest Caselaw 62 SC

Constitution of India
Factories Act, 1948

Headnote :

This petition, filed under Article 32 of the Constitution of India, has been submitted by an association representing approximately 2,000 employees working across 500 Railway Institutes and Clubs throughout the country. They assert that they should be regarded on the same level as employees in the S...

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Babu Ram Gopal & Ors Vs. Mathra Dass [1990] INSC 63 (28 February 1990)

Judgement Date : 28 Feb 1990

Citation : 1990 Latest Caselaw 63 SC

Gajanan Dattatraya Vs. Sherbanu Hosang Patel & Ors [1975] INSC 188 (29 August 1975)

Headnote :

In March 1973, the landlord (respondent) filed an application for the eviction of the tenant (appellant), claiming that the tenant had not occupied the shop for over four months during the period from 1969 to 1971. The Rent Controller issued an eviction decree under Section 13(2)(v) of the East Punj...

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Municipal Corporation of Delhi Vs. Ajanta Iron & Steel Co. (Pvt.) Ltd. [1990] INSC 64 (28 February 1990)

Judgement Date : 28 Feb 1990

Citation : 1990 Latest Caselaw 64 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Delhi Electricity Supply Undertaking cut off the electricity supply to the respondent company while the lawsuit for a prohibitory injunction was ongoing, without providing notice to the consumer. The trial court rejected the amended suit seeking a mandatory injunction to restore the supply. Howe...

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State of Karnataka & Ors Vs. K.V. Khader [1990] INSC 65 (28 February 1990)

Judgement Date : 28 Feb 1990

Citation : 1990 Latest Caselaw 65 SC

Headnote :

Approximately 250 acres of wooded evergreen land were granted to the ancestors of the Respondent over a century ago, with a patta issued in 1912 that included a note stating \"redeemed coffee sagawall malai,\" indicating that the trees on the property had been paid for. However, in 1918, following a...

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Smt. Yamuna Malo0 Vs. Anand Swarup [1990] INSC 66 (28 February 1990)

Judgement Date : 28 Feb 1990

Citation : 1990 Latest Caselaw 66 SC

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

Headnote :

The appellant-landlady and the respondent-tenant appeared before the Rent Controller to establish a tenancy under Section 21 of the Delhi Rent Control Act, 1958. Consequently, the authority issued an order creating a tenancy for a limited duration of two years. When the respondent failed to vacate t...

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