Caselaw | Supreme Court Judgements of january 1990

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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

Constitution of India

Headnote :

The petitioner contested the appointment of Respondent No. 1 as Deputy Prime Minister of India, arguing that the oath taken by him was not in accordance with the Constitution\'s requirements.Respondent No. 1 and the Union of India defended the petition, asserting that referring to Respondent No. 1 a...

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Special Military Estates Officer Vs. Munivenkataramiah & ANR [1990] INSC 2 (10 January 1990)

Judgement Date : 10 Jan 1990

Citation : 1990 Latest Caselaw 2 SC

Defence of India Act, 1962
General Clauses Act, 1897
Requisitioning and Acquisition of Immovable Property Act, 1952

Headnote :

The Defence of India Act, 1962 was enacted by Parliament in response to the Chinese aggression, aimed at safeguarding public safety and interests related to the Defence of India, Civil Defence, and associated matters. This Act was introduced while the Requisitioning and Acquisition of Immovable Prop...

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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

Industrial Disputes Act, 1947

Headnote :

According to the Industrial Disputes Act, 1947, the State Government referred to the Industrial Tribunal the issue of whether the non-employment of certain workers in the appellant company was justified, and if not, what relief they were entitled to. Both the employer and the workers submitted their...

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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

Government of India Act, 1935

Headnote :

The issue at hand is whether the disputed property was privately owned by the Ruler or classified as State property. On August 25, 1948, the then Maharaja of the former Chhatarpur State gifted the house in question to his father-in-law, Dewan Shankar Partap Singh, who is now deceased and represented...

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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

CrPC Section 176. Inquiry by Magistrate into cause of death
CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
IPC Section 395. Punishment for dacoity

Headnote :

Three police officers were charged with offenses related to the death of Ram Dhiraj Tiwari while in police custody. Rafiuddin Khan (accused No. 1) served as the Sub Inspector at Kure Bhar Police Station, Shamsher Ali (accused No. 2) was a Beat Constable, and Gauri Shankar Sharma (accused No. 3) held...

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Bhanwar Lal Vs. Smt. Prem Lata & Ors [1990] INSC 6 (12 January 1990)

Judgement Date : 12 Jan 1990

Citation : 1990 Latest Caselaw 6 SC

Rajasthan Civil Courts Ordinance, 1950

Headnote :

According to Section 21(1)(a) of the Rajasthan Civil Courts Ordinance, 1950, the District Court has the authority to hear appeals from decrees valued at up to Rs.10,000 only.For cases exceeding this amount, appeals must be directed to the High Court.In this particular case, a joint family house was...

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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 :

The respondent was appointed as a Senior Scientific Officer in the Defence Science Service, which was later divided and reorganized.On December 24, 1985, the Government of India raised the retirement age for Scientific and Technical personnel in one of the newly formed units to 60 years.The responde...

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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 contractor who responded had entered into a contract with the petitioner for the construction of an earth dam. Disputes arose between the two parties, leading to a reference to an arbitrator. The respondent presented eleven claims, one of which was later withdrawn. The arbitrator issued a non-sp...

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State of Maharashtra Vs. Anand Chintaman Dighe [1990] INSC 9 (16 January 1990)

Judgement Date : 16 Jan 1990

Citation : 1990 Latest Caselaw 9 SC

CrPC Section 438. Direction for grant of bail to person apprehending arrest
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The individual in question was affiliated with a political party. Following the party\'s defeat in the Mayoral elections held in March 1989, the party suspected that there was cross-voting and that some members were traitors. The individual publicly declared that these traitors would face consequenc...

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Hiraji Tolaji Bagwan Vs. Shakuntala [1990] INSC 10 (16 January 1990)

Judgement Date : 16 Jan 1990

Citation : 1990 Latest Caselaw 10 SC

Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

Headnote :

The appellant was recognized as a protected lessee or tenant of the disputed agricultural land under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. The respondent became the landlady of the property on June 29, 1959, when her father partitioned his ancestral lands between him...

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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

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Central Excises and Salt Act, 1944

Indian Aluminium Cables Ltd. Vs. Union of India & Ors [1985] INSC140 (27 May 1985)

Headnote :

Steel pipes and tubes of all kinds, including blanks, whether they are rolled, forged, spun, cast, drawn, annealed, welded, or extruded, were subject to duties under Item 26AA(iv) of the First Schedule of the Central Excises and Salt Act, 1944.However, the Department aimed to classify \'pipe fitting...

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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

Constitution of India
Orissa Land Reforms Act, 1960
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

Respondent No. 2, belonging to a scheduled caste, initiated legal proceedings to reclaim lands that were sold to respondents Nos. 1, 3, and 4, who are non-scheduled castes. The basis for the case was that the sale violated section 22 of the Orissa Land Reforms Act, 1960 due to the absence of necessa...

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Chinnammal & Ors Vs. P. Arumugham & ANR [1990] INSC 13 (17 January 1990)

Judgement Date : 17 Jan 1990

Citation : 1990 Latest Caselaw 13 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Respondent No. 1 secured a monetary judgment against the original appellant, who has since been replaced by legal heirs, based on a promissory note. The appellant appealed to the High Court but was unable to obtain a stay on the judgment due to his failure to provide security for the amount owed.Des...

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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 found guilty under section 376 of the Indian Penal Code for raping a young newly married woman aged 19 or 20, as determined by the Additional Sessions Judge in Nagpur. The respondent appealed his conviction to the High Court, which overturned the trial...

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Kubic Dariusz Vs. Union of India & Ors [1990] INSC 15 (18 January 1990)

Judgement Date : 18 Jan 1990

Citation : 1990 Latest Caselaw 15 SC

Constitution of India

Rattan Singh Vs. State of Punjab & Ors [1981] INSC 183 (22 October 1981)
Lallubhai Jogibhai Patel Vs. Union of India & Ors [1980] INSC 234 (15 December 1980)

Headnote :

Mr. Kubic Dariusz, a Polish citizen, was arrested on April 29, 1989, by the Customs Department for possessing approximately 70 tolas of foreign gold. He was presented before the Chief Judicial Magistrate on April 30, 1989, who ordered him to be held in jail custody until May 15, 1989. His request fo...

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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 :

According to the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (the Act), the Government took control of a hospital previously managed by a Zamindar of an impartible estate. Following this takeover, the Government submitted applications to the Estate Aboliti...

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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 behind on their rent payments for the months of February and from May to August 1974 for the leased property. The respondent-plaintiffs initiated eviction proceedings under section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, citing defa...

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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

Code of Civil Procedure, 1908 (CPC)
M.P. General Clauses Act, 1957
M.P. Municipal Corporation Act, 1956
M.P. Municipalities Act, 1961

Headnote :

The appellant, the Corporation, assessed property taxes on buildings owned by the respondent, the Market Committee, which refused to pay. As a result, recovery proceedings were initiated for the outstanding dues. The respondent then approached the High Court under Article 226 of the Constitution to...

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Smt. Patasibai & Ors Vs. Ratanlal [1990] INSC 19 (30 January 1990)

Judgement Date : 30 Jan 1990

Citation : 1990 Latest Caselaw 19 SC

Headnote :

Motilal, the owner of Goyal Talkies, formed a partnership with Ratanlal, who represented the family business of M/s. Ratanlal Damdoolal and Bros., to operate the cinema. Later, Motilal, along with his wife and children, initiated a civil lawsuit seeking the dissolution of the partnership and an acco...

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Hira Lal & ANR Vs. Gajjan & Ors [1990] INSC 20 (30 January 1990)

Judgement Date : 30 Jan 1990

Citation : 1990 Latest Caselaw 20 SC

U.P. Zamindari Abolition and Land Reforms Act, 1950

Amba Prasad Vs. Abdul Noor Khan & Ors [1964] INSC 128 (17 April 1964)

Headnote :

The plaintiff-respondent asserted that prior to the implementation of the U.P. Zamindari Abolition and Land Reforms Act, 1950, his father was a sub-tenant under defendants 3 to 25. Following his father\'s death, the other three sons separated from the plaintiff, making him the sole tenant. He claime...

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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 engaged in the manufacturing of motor vehicle parts classified under Item 34-A, as well as components for I.C. Engines under Item 68 of the Central Excise Tariff.The appellant\'s marketing strategy involved selling goods wholesale to Original Equipment (O.E.) manufacturers, transpo...

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M. Ahamedkutty. Vs. Union of India & ANR [1990] INSC 22 (31 January 1990)

Judgement Date : 31 Jan 1990

Citation : 1990 Latest Caselaw 22 SC

Constitution of India
CrPC Section 482. Saving of inherent power of High Court
CrPC Section 82. Proclamation for person absconding
Customs Act, 1962

Rekhaben Virendra Kapadia Vs. State of Gujarat & Ors [1978] INSC 224 (7 November 1978)

Headnote :

Upon arriving at Trivandrum Airport from Abu Dhabi, the appellant was stopped by Customs officials who discovered he was smuggling 1280 grams of gold. He was arrested on January 31, 1988, and granted bail under certain conditions on February 12, 1988.To prevent the appellant from continuing to smugg...

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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, made up of 1739 low-paid government employees, had purchased land in Ghaziabad to provide housing for their members. Later, this land was designated for acquisition under sections 4(1) and 7(1) of the Land Acquisition Act by the Ghaziabad Development Authority. T...

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Suresh Chand Vs. Gulam Chisti [1990] INSC 24 (31 January 1990)

Judgement Date : 31 Jan 1990

Citation : 1990 Latest Caselaw 24 SC

Headnote :

Upon the completion of the construction of the leased premises in 1967, the appellant-landlord rented it to the respondent-tenant in the same year. Subsequently, on May 27, 1972, the landlord initiated an eviction lawsuit against the tenant. On July 15, 1972, the U.P. Urban Buildings (Regulation of...

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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

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent filed a lawsuit against the appellant, the Coal Mines Provident Fund Commissioner, without providing the notice mandated by section 80 of the C.P.C. The appellant raised an objection, arguing that he qualified as a public officer as defined in section 80 of the C.P.C., and therefore,...

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