Caselaw | Supreme Court Judgements of may 1990

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Mahesh Kumar Chauhan @ Banti Vs. Union of India & Ors [1990] INSC 170 (2 May 1990)

Citation : 1990 Latest Caselaw 170 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The appellant submitted a writ petition to the High Court contesting the detention order issued against him under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He claimed that his representation was handled in a dismissive manner, leading to a...

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Krishna Kumar Khemka Vs. Grindlays Bank P.L:C. & Ors [1990] INSC 171 (2 May 1990)

Citation : 1990 Latest Caselaw 171 SC

Section 5. TPA, “Transfer of property” defined.

Headnote :

The appellant initiated a lawsuit in the High Court of Calcutta seeking a declaration that the properties listed in the schedule were part of a joint family and that the trust established by the plaintiff/appellant\'s father regarding these properties was invalid. During the proceedings, Justice A.N...

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State of Uttar Pradesh Vs. Moti Ram & ANR [1990] INSC 172 (2 May 1990)

Citation : 1990 Latest Caselaw 172 SC

CrPC Section 107. Security for keeping the peace in other cases
CrPC Section 378. Appeal in case of acquittal
CrPC Section 88. Power to take bond for appearance
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 427. Mischief causing damage to the amount of fifty rupees

Headnote :

The State has filed this appeal against an acquittal order issued by the High Court concerning the accused respondent. The prosecution claims that there were two opposing factions in the village of Deotaha (U.P.), one led by the accused respondents and the other by the deceased victims. A deep-seate...

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Direct Recruit Class Ii Engineering Officers'association An Vs. State of Maharashtra & Ors [1990] INSC 173 (2 May 1990)

Citation : 1990 Latest Caselaw 173 SC

Bombay Reorganisation Act, 1960
Code of Civil Procedure, 1908 (CPC)

Baleshwar Dass & Ors Vs. State of U.P. & Ors [1980] INSC 155 (19 August 1980)
Bishan Sarup Gupta Vs. Union of India & Ors [1974] INSC 96 (16 April 1974)
Bishan Sarup Gupta Vs. Union of India & Ors [1972] INSC 171 (16 August 1972)

Headnote :

The parties involved in these cases are Engineers employed by the States of Maharashtra and Gujarat. In 1937, the Government of Bombay established two new Provincial Engineering Services: the Bombay Engineering Service Class I, which included positions such as Chief Engineer, Superintending Engineer...

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F.S. Gandhi Vs. Commissioner of Wealth Tax, Allahabad [1990] INSC 174 (2 May 1990)

Citation : 1990 Latest Caselaw 174 SC

Constitution of India
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Wealth Tax Act, 1957

Headnote :

The appellant-assessee held certain properties situated on leasehold lands. The leases for these lands expired in 1958 and 1963, prompting the lessor, the State Government, to issue notices to the assessee to vacate the leasehold lands. The properties were rented out to tenants, and the assessee was...

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Sunil Gupta & Ors Vs. State of Madhya Pradesh & Ors [1990] INSC 175 (2 May 1990)

Citation : 1990 Latest Caselaw 175 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 186. Obstructing public servant in discharge of public functions
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 447. Punishment for criminal trespass

Sunil Batra Vs. Delhi Administration [1979] INSC 269 (20 December 1979)
Maneka Gandhi Vs. Union of India [1978] INSC 16 (25 January 1978)
Sunil Batra Vs. Delhi Administration & Ors [1978] INSC 148 (30 August 1978)

Headnote :

The petitioners, who are social workers and members of the Kisan Adivasi Sangathan in Kerala, along with a significant number of tribal individuals, organized peaceful protests (dharnas) outside the Block Education Officer\'s office. They were advocating for the appointment of regular teachers in sc...

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Vishal Jeet Vs. Union of India & Ors [1990] INSC 176 (2 May 1990)

Citation : 1990 Latest Caselaw 176 SC

Constitution of India
Immoral Traffic (Prevention) Act, 1956
Indian Penal Code, 1860 (IPC)

Gaurav Jain Vs. Union of India & Ors [1989] INSC 344 (15 November 1989)

Headnote :

The petitioner submitted a writ petition to this Court under Article 32 of the Constitution of India as a public interest litigation, requesting directions for (i) an investigation into the police officials responsible for the prevalence of forced prostitution, the Devdasi system, and Jogin traditio...

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Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College & Ors [1990] INSC 177 (2 May 1990)

Citation : 1990 Latest Caselaw 177 SC

Constitution of India

Headnote :

The Petitioner was born in Tenali, Andhra Pradesh, and is a member of the Gouda Community, which is claimed to be recognized as a \'Scheduled Tribe\' under the Constitution. His father received a Scheduled Tribe Certificate, and it was based on the reserved quota for Scheduled Tribes that the Petiti...

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Gazi Khan @ Chotia Vs. State of Rajasthan & ANR [1990] INSC 178 (2 May 1990)

Citation : 1990 Latest Caselaw 178 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Rama Dhondu Borade Vs. V.K. Saraf, Commissioner of Police & Ors [1989] INSC 183 (5 May 1989)
Gulab Mehra Vs. State of U.P. & Ors [1987] INSC 253 (15 September 1987)

Headnote :

The appellant contested the detention order issued against him under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989, in the High Court, citing several reasons including the delay in addressing his representation. A Deputy Superintendent of P...

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Uttar Pradesh Residents Employees Co-Operative House Building Vs. New Okhla Industrial Development Authority & ANR [1990] INSC 179 (3 May 1990)

Citation : 1990 Latest Caselaw 179 SC

Headnote :

The appellant, a registered Housing Co-operative Society, acquired approximately 70 acres of land between 1973 and 1975.Following the enactment of the U.P. Industrial Area Development Act in 1976, the State Government established an Industrial Development Authority known as NOIDA. Shortly after the...

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State of Andhra Pradesh Vs. Dr. N. Ramachandra Rao & Ors [1990] INSC 180 (3 May 1990)

Citation : 1990 Latest Caselaw 180 SC

Headnote :

According to Rule 2 of the Special Rules for the A.P. Medical and Health Services, 1982, which outlines the recruitment process for various classes and categories within the A.P. Medical and Health Services, there are three eligibility criteria for promotion to the Class I, Category I positions of A...

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Union of India & Ors Vs. Sukumar Sengupta & Ors [1990] INSC 181 (3 May 1990)

Citation : 1990 Latest Caselaw 181 SC

Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The Indian Independence Act of 1947 established two independent dominions, \'India\' and \'Pakistan\'. A Boundary Commission was formed to delineate the borders of these dominions, leading to certain regions of India becoming enclaves within East Pakistan after the partition. Likewise, some enclaves...

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Neelagangabai & ANR Vs. State of Karnataka & Ors [1990] INSC 182 (3 May 1990)

Citation : 1990 Latest Caselaw 182 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Following the acquisition of the appellant\'s land to fulfill the needs of the respondent-Corporation, a reference was made to the Civil Court under section 18 of the Land Acquisition Act, 1894. This reference was determined without notifying the respondent-Corporation, resulting in a higher compens...

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Tara Chand & ANR Vs. Ram Prasad [1990] INSC 183 (3 May 1990)

Citation : 1990 Latest Caselaw 183 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958
Hindu Succession Act, 1956
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

Smt. Anandi Bai, the wife of Appellant No. 1 and mother of Appellant No. 2, held a lease for a shop in Jaipur for 11 months starting from May 1, 1964, where she operated a small kirana business. The Respondent-landlord terminated the lease through a notice under section 106 of the Transfer of Proper...

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Ramesh Chandra Vs. Randhir Singh & Ors [1990] INSC 184 (3 May 1990)

Citation : 1990 Latest Caselaw 184 SC

Headnote :

In a case concerning damages for the permanent disability experienced by the claimant, the Motor Accident Claims Tribunal awarded compensation under various categories, namely:(a) compensation for permanent disability,(b) treatment expenses, and(c) general damages for pain, suffering, and loss of en...

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Jute Corporation of India Officers' Association Vs. Jute Corporation of India Ltd. & ANR [1990] INSC 185 (3 May 1990)

Citation : 1990 Latest Caselaw 185 SC

Constitution of India
Leave Travel Concession

Headnote :

The High Power Pay Committee, established under the directives of this Court to address the salaries of Class I and Class II Service officers in various public sector enterprises following the Central Government\'s pay scale and dearness allowance structure, submitted its report on November 2, 1988....

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State of Madhya Pradesh & Ors Vs. Home Decorators And Finance (Pvt.) Ltd. & ANR [1990] INSC 186 (3 May 1990)

Citation : 1990 Latest Caselaw 186 SC

Headnote :

The respondents organized two music events by creating a seemingly legitimate savings scheme. Under this scheme, individuals could gain entry to the events by becoming members, which required a non-refundable admission fee of Rs. 2 and a refundable membership subscription of Rs. 10 after 10 years. A...

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Bank of India Vs. T.S. Kelawala & Ors [1990] INSC 187 (4 May 1990)

Citation : 1990 Latest Caselaw 187 SC

Industrial Disputes Act, 1947
Payment of Wages Act, 1936
Payment of Wages Act, 1936

M/S. Bharat Sugar Mills Ltd. Vs. Shri Jai Singh & Ors [1961] INSC 275 (20 September 1961)

Headnote :

In the first appeal, the appellant is a nationalized bank. In 1977, there were ongoing demands for wage revisions from employees across all banks, which led to a nationwide strike call. On September 23, 1977, the appellant bank issued a circular to its managers and agents instructing them to deduct...

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T. Ramakrishniah Vs. State of Karnataka [1990] INSC 188 (4 May 1990)

Citation : 1990 Latest Caselaw 188 SC

Karnataka Sales Tax Act, 1957

Headnote :

The appellant was appointed as a non-official member of the State Sales Tax Appellate Tribunal for a two-year term starting from July 17, 1958, in accordance with sub-section (2) of Section 4 of the Mysore Sales Tax Act, 1957. His appointment was periodically extended and lasted until February 8, 19...

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Oil And Natural Gas Commission & ANR Vs. Association of Natural Gas Consuming Industries of Gujarat [1990] INSC 189 (4 May 1990)

Citation : 1990 Latest Caselaw 189 SC

Industrial Disputes Act, 1947
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Petroleum Act, 1934

Headnote :

The appellant, Oil & Natural Gas Commission (ONGC), is a statutory corporation established under the Oil and Natural Gas Commission Act of 1959. In many of its oil fields located in Gujarat, gas is produced alongside crude oil as \"free gas.\"The appellant had consented to supply this gas to the Guj...

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Punjab Land Development And Reclamation Corporation Ltd., Cha Vs. Presiding Officer, Labour Court, Chandigarh [1990] INSC 190 (4 May 1990)

Citation : 1990 Latest Caselaw 190 SC

Constitution of India
Government of India Act, 1935
Industrial Disputes Act, 1947
Payment of Wages Act, 1936
Payment of Wages Act, 1936

Headnote :

This group of eighteen appeals, brought under special leave, raises a common legal question concerning the interpretation and extent of the term \'retrenchment\' as defined in Section 2(oo) of the Industrial Dispute Act, 1947.One of the appeals is filed by the workers challenging the High Court\'s d...

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Indian Textile Paper Tube Co. Ltd. Vs. Collector of Customs, Madras [1990] INSC 191 (4 May 1990)

Citation : 1990 Latest Caselaw 191 SC

Customs Act, 1962
Customs Tariff Act, 1975

Geep Flashlight Industries Ltd. Vs. Union of India & Ors [1976] INSC 267 (28 October 1976)

Headnote :

The appellant imported Top Line Tube Winder Endless Belts, which were assessed for duty under heading 40.05/16(3) at a rate of 40%, in addition to a countervailing duty of 25% as per Item 16-A(4) of the Customs Tariff Act, 1975.Subsequently, the appellant filed a refund application for the excess du...

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Lt. Governor of Delhi & Ors Vs. Const. Dharampal & Ors [1990] INSC 192 (4 May 1990)

Citation : 1990 Latest Caselaw 192 SC

Headnote :

The individuals, who were employed as Constables in the Delhi Police and had their services terminated due to their involvement in a protest, submitted writ petitions to the High Court seeking to overturn the termination order and to be reinstated, with the status of having been continuously in serv...

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Tamil Nadu Cauvery Neerppasanavilaiporulgal Vivasayigal Nal Vs. Union of India & Ors [1990] INSC 193 (4 May 1990)

Citation : 1990 Latest Caselaw 193 SC

Constitution of India

Headnote :

The appellant is a registered society of farmers from Tamil Nadu who have historically held riparian rights to the waters of the Cauvery River for agricultural purposes. They are requesting this Court to direct the Union of India (Respondent No. 1) to refer the ongoing dispute regarding the utilizat...

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Rural Litigation And Entitlement Kendra& Ors Vs. State of U.P. & Ors [1990] INSC 194 (4 May 1990)

Citation : 1990 Latest Caselaw 194 SC

Constitution of India

Headnote :

On August 30, 1988, this Court ruled on Writ Petitions Nos. 8209 and 8821 of 1983, concluding that all mining activities in the Doon Valley should cease, with a few exceptions, for the reasons stated in that order. Since then, various applications have been submitted by former lessees requesting per...

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Syed Farooq Mohammad Vs. Union of India & ANR [1990] INSC 195 (14 May 1990)

Citation : 1990 Latest Caselaw 195 SC

Constitution of India
CrPC Section 85. Release, sale and restoration of attached property
Customs Act, 1962

T.A. Abdul Rahman Vs. State of Kerala & Ors [1989] NSC 253 (23 August 1989)
Madan Lal Anand Vs. Union of India & Ors [1989] INSC 329 (26 October 1989)
Suraj Pal Sahu Vs. State of Maharashtra & Ors [1986] INSC 198 (25 September 1986)

Headnote :

On July 19, 1989, the Customs Department confiscated narcotic drugs from two vehiclesâ€”one owned by the petitioner-detenu and the other by his associate. The drivers\' statements were recorded the following day under Section 108 of the Customs Act, 1962. Chemical analysis of the seized substances c...

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