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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 the State of Haryana are regulated by the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961. Rule 5 provides for appointment to Class I Service, inter alia, by promotion from Class II Service. Rule 6(b) pres...
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 requires 50 per cent of the posts of Executive Engineers to be filled by promotion from m.tubers of Class II Service. Rule .9(3) renders a member of service ineligible for promotion to the rank of Executive Engi...
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

Headnote :

The Constitutional validity of similar provisions in the States of Kerala and Tamil Nadu which result in imposition of Sales Tax on cooked food sold only in luxury hotels while exempting the same from sales tax in modest eating houses was challenged by some hoteliers in both States on the ground tha...
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

Headnote :

The appellant is a resident of Tripura State. He assert- ed that he belonged to the Laskar community which was in- cluded in State records in the Deshi Tripura community and in the former State of Tripura this community had always been treated as Scheduled Tribes, and the members of the community fr...
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

Headnote :

Article 371-D brought into the Constitution by Thirty- second Amendment Act, 1973, with effect from July 1, 1974 empowered the President in respect of the State of Andhra Pradesh by an Order (1) to require the State Government to organise any class or classes of posts in a civil service of, or any c...
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

Headnote :

These are Writ Petitions under Article 32 of the Consti- tution of India and a Special Leave Petition against the Judgment of the Karnataka High Court filed by two trade unions and a Society formed by law students of the Universi- ty College and two individuals asking for quashing the Karnataka Gove...
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 Service Law-Punjab Subordinate Agricultural Service--Directorates of Agriculture --Subordinate Offices--Employees non-mainte- nance of common seniority--Held not arbitrary. Civil Services--Punjab Subordinate Agricultural Service Rules, 1933: Rules 3...
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

Headnote :

A Writ Petition was filed in this Court praying for a direction to.the respondents to hold pre-medical and pre- dental examination in Hindi and other regional languages. It was contended that pre-medical studies in medical and dental examination should be permitted in Hindi and other regional lan...
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

Headnote :

The petitioners in this group of Writ Petitions are workers in canteens run in different railway establishments. The relief claimed in all the petitions is that the workers concerned should be treated as railway employees and should be extended all service conditions which are available to the ra...
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

Headnote :

Constitution of India, Article 254.' Repugnancy between the Parliamentary Act and the State Act in respect of mat- ters, in the Concurrent List, Seventh Schedule--When arises--Karnataka Contract Carriages (Acquisition) Act, 1976---Whether repugnant to the Motor Vehicles Act, 1988. Statutory i...
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

Headnote :

The dispute in these appeals by special leave relates to the inter se seniority of officers in Class 'A' of the Indian Defence Estate Service. Class 'A' of the said service com- prised of officers promoted from two different channels viz., Assistant Military Estate Officers and Assis...
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

Headnote :

This petition under Article 32 of the Constitution of India has been filed by an Association of about 2,000 em- ployees working in 500 Railway Institutes and Clubs in various parts of the country claiming that they should be treated on the same par as the employees in the Statutory Canteens run by t...
Babu Ram Gopal & Ors Vs. Mathra Dass [1990] INSC 63 (28 February 1990)

Judgement Date : 28 Feb 1990

Citation : 1990 Latest Caselaw 63 SC

Headnote :

On an application flied by the respondent--landlord in March 1973 for eviction of the appellant--tenant on the ground that for a continuous period of more than four months the appellant had ceased to occupy the shop during 1969-71, the Rent Controller passed a decree for eviction under Section 13(2)...
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

Headnote :

The Delhi Electricity Supply Undertaking disconnected the supply of electricity to the respondent-company during the pendency of the suit for a prohibitory injunction with- out serving notice on the consumer. The trial court dis- missed the amended suit for mandatory injunction to restore the supply...
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 :

About 250 acres of wooded evergreen land was given to the ancestors of Respondent by grant over a hundred years ago and a patta in respect thereof granting the aforesaid lands was given to them in 1912 and in that patta there was an endorsement reading "redeemed coffee sagawall malai" indi...
Smt. Yamuna Malo0 Vs. Anand Swarup [1990] INSC 66 (28 February 1990)

Judgement Date : 28 Feb 1990

Citation : 1990 Latest Caselaw 66 SC

Headnote :

The appellant-landlady and the respendent-tenant ap- peared before the Rent Controller for creation of a tenancy under Section 21 of the Delhi Rent Control Act, 1958. Ac- cordingly, the authority passed an order creating tenancy for a limited period of two years. Since the respondent did not vacate...
C.D. Ailawadi Vs. Union of India & Ors [1990] INSC 67 (1 March 1990)

Judgement Date : 01 Mar 1990

Citation : 1990 Latest Caselaw 67 SC

Headnote :

In a Writ Petition flied before this Court, the peti- tioner assailed the order of his compulsory retirement from service made under rule 56(j)(i) of the Fundamental Rules. The petitioner contended that he was efficient, had clear and unblemished record of service and his character roll entries w...
Era Sezhiyan Vs. T.R. Balu & Ors [1990] INSC 68 (1 March 1990)

Judgement Date : 01 Mar 1990

Citation : 1990 Latest Caselaw 68 SC

Headnote :

Election of six Members to the Rajya Sabha by the elect- ed Members of the Tamil Nadu Legislature Assembly was held in June 1986. The appellant and respondent nos. 1 to 7 were the eight candidates in the field. Respondent Nos. 1 to 6 were declared duly elected and the appellant was declared as havin...
Union of India & Ors Vs. Bakshi Ram [1990] INSC 69 (1 March 1990)

Judgement Date : 01 Mar 1990

Citation : 1990 Latest Caselaw 69 SC

Headnote :

The respondent, a constable, convicted under section 10(n) of the Central Reserve Police Force Act, 1949 but released on probation under section 4 of the Probation of Offenders Act, 1958, was dismissed from service. He chal- lenged his dismissal before the High Court which ordered his reinstatement...
Smt. Shakuntala Mehrishi Vs. New Delhi Municipal Commitfee & Ors [1990] INSC 70 (1 March 1990)

Judgement Date : 01 Mar 1990

Citation : 1990 Latest Caselaw 70 SC

Headnote :

The petitioner joined as a primary teacher in 1952 in an aided recognised school. She was making contribution towards compulsory provident fund. In 1975, the Delhi Administra- tion, in consultation with the Accountant General, Central Revenue, issued a notification under Rule 126 of the Delhi School...
State of Andhra Pradesh Vs. P.V. Pavithran [1990] INSC 71 (1 March 1990)

Judgement Date : 01 Mar 1990

Citation : 1990 Latest Caselaw 71 SC

Headnote :

A case was registered against the respondent, an officer of the Indian Police Service, under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947, on 8.3.1984 but the investigation report was submitted to the Government on 17.9.1987. In November, 1987, the respond- ent fi...
Union of India & ANR Vs. Vasanbharthi & Ors [1990] INSC 72 (1 March 1990)

Judgement Date : 01 Mar 1990

Citation : 1990 Latest Caselaw 72 SC

Headnote :

The respondent was taken into custody in exercise of the powers under sub-s. (1) of s. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from engaging in trans- porting smuggled goods. In the special criminal application preferre...
Virendra Nath Gupta & ANR Vs. Delhi Administration & Ors [1990] INSC 73 (2 March 1990)

Judgement Date : 02 Mar 1990

Citation : 1990 Latest Caselaw 73 SC

Headnote :

The appellants are teachers in the Kerala Education Society Senior Secondary School, New Delhi. They challenged the appointment of Respondent No. 5 as Vice-Principal by filing a writ petition in the Delhi High Court. The circum- stances that led to the filing of writ petition are: The Kerala Educ...
Smt. Dularia Devi Vs. Janardan Singh & Ors [1990] INSC 74 (2 March 1990)

Judgement Date : 02 Mar 1990

Citation : 1990 Latest Caselaw 74 SC

Headnote :

Section 49 of the U.P. Consolidation of Holdings Act, 1953 puts a bar on the civil and revenue courts in respect of disputes in regard to which proceedings could or ought to have been taken under the Act. The plaintiff-appellant, an illiterate lady, wanted to make a gift of her properties in favo...
C.D. George Vs. Assistant Commissioner of Central Excise, Trichur [1990] INSC 75 (2 March 1990)

Judgement Date : 02 Mar 1990

Citation : 1990 Latest Caselaw 75 SC

Headnote :

The appellant, a licensed dealer, was charged under Section 55(3) of the Gold (Control) Act, 1968 for failure to maintain the necessary accounts and under section 27(7)(b) for carrying on business in the unlicensed premises on the ground that while the show room of the licensed premises was on the g...
Mostt. Simrikhia Vs. Smt. Dolley Mukherjee @ Smt. Chhabimukherjee & ANR [1990] INSC 76 (2 March 1990)

Judgement Date : 02 Mar 1990

Citation : 1990 Latest Caselaw 76 SC

Headnote :

A case was instituted on a private complaint by the appellant for offences under Sections 323 and 452 IPC (Indian Penal code, 1860) before the Judicial Magistrate First Class, who transferred the case to Second Class Magistrate for enquiry. The Second Class Magistrate issued process to the respond...
Vannarakkal Kallalathil Sreedharan Vs. Chandramaath Balakrishnan & ANR [1990] INSC 77 (6 March 1990)

Judgement Date : 06 Mar 1990

Citation : 1990 Latest Caselaw 77 SC

Headnote :

The land in dispute was agreed to be sold in favour of the appellant under an agreement. Subsequently, a third party in execution of a decree got the property attached. The sale deed was executed thereafter. A question arose as to the validity of the sale. The High Court held that the sale would...
Mahabir Auto Stores & Ors Vs. Indian Oil Corporation & Ors [1990] INSC 78 (6 March 1990)

Judgement Date : 06 Mar 1990

Citation : 1990 Latest Caselaw 78 SC

Headnote :

The appellant-firm had been carrying on the business of distribution and sale of all kinds of lubricants received from the respondent, a statutory corporation, since 1965. It is the case of the appellant that it acted as Lube distribu- tor of the respondent corporation and that it had been given the...
Ram Piari Vs. Bhagwant & Ors [1990] INSC 79 (6 March 1990)

Judgement Date : 06 Mar 1990

Citation : 1990 Latest Caselaw 79 SC

Headnote :

The appellant's father executed a Will, just one day prior to his death, bequeathing all his property in favour of the sons of appellant's only sister. The testator was ill and lived with the beneficiaries six months prior to his death. Though the testator could sign, he put his thumb impres...
Govind Ramji Jadhav Vs. The State of Maharashtra [1990] INSC 80 (7 March 1990)

Judgement Date : 07 Mar 1990

Citation : 1990 Latest Caselaw 80 SC

Headnote :

The appellant and two others were convicted for life and 3 years rigorous imprisonment or fine of Rs.2500 each for offences under Section 302 read with Section 34 IPC (Indian Penal code, 1860) and Section 201 read with Section 34 IPC, respectively. On appeal by the accused the High Court set aside...
Mrs. T. Devaki Vs. Government of Tamil Nadu & Ors [1990] INSC 81 (7 March 1990)

Judgement Date : 30 Mar 1990

Citation : 1990 Latest Caselaw 81 SC

Headnote :

This petition under Article 32 of the Constitution of India was filed by the wife of the detenu challenging the validity of the Detention Order dated 15.8.1989 passed against her husband by the Collector and District Magistrate of Kamarajar District Virudhunagar, Tamil Nadu on allega- tions inter al...
Sanwarmal Kejriwal Vs. Vishwa Cooperative Housing Society Ltd. & Ors [1990] INSC 82 (8 March 1990)

Judgement Date : 08 Mar 1990

Citation : 1990 Latest Caselaw 82 SC

Headnote :

The question for determination is, can a licensee occu- pying a flat in a tenant co-partnership society be evicted therefrom under subsection (1) of section 91 of the Maha- rashtra Cooperative Societies Act, 1960 notwithstanding the protection extended by Section 15A of the Bombay Rents, Hotels &...
Bharat Petroleum (Erstwhile Burmah Shell)Management Staff P Vs. Bharat Petroleum Corporation Ltd. & Ors [1990] INSC 83 (13 March 1990)

Judgement Date : 13 Mar 1990

Citation : 1990 Latest Caselaw 83 SC

Headnote :

Some of the erstwhile employees of Burmah Shell, in an earlier writ petition, claimed restoration of the commuted portion of pension and enhancement of pension on par with the pensioners of Hindustan Petroleum Corporation Limited, (HPCL). At the time of hearing, the claim for restoration of the comm...
Union of India Through Secretary, Government of India, Min Vs. D.C.M. Limited & Ors [1990] INSC 84 (13 March 1990)

Judgement Date : 13 Mar 1990

Citation : 1990 Latest Caselaw 84 SC

Headnote :

The respondent Delhi Cloth Mills has a complex over an area of 63 acres at Bara Hindu Rao and Kishan Gnaj, Delhi, which is a nonconforming area and the industry of the kind in which the mill is engaged in was required to be shifted consequent upon the enforcement of Master Plan prepared by Delhi Dev...
Shri Sitaram Sugar Company Limited & ANR Vs. Union of India & Ors [1990] INSC 85 (13 March 1990)

Judgement Date : 13 Mar 1990

Citation : 1990 Latest Caselaw 85 SC

Headnote :

Clause (f) of sub-s. (2) of the Essential Commodities Act, 1955 empowers the Central Government to require any person dealing in any essential commodity to sell the whole or specified part of such commodity to it or the State Government or to a nominee of such Government. Sub-section (3) provides fo...
British India Steam Navigation Co., Ltd. Vs. Shanmughavilas Cashew Industries & Ors [1990] INSC 86 (13 March 1990)

Judgement Date : 13 Feb 1990

Citation : 1990 Latest Caselaw 86 SC

Headnote :

The first respondent, M/s Shanmughavilas Cashew Indus- tries, shipped 4445 bags of raw cashewnuts from East Africa to Cochin in the vessel Steliosm chartered by the appellant M/s British India Steam Navigation Co. Ltd., incorporated in England, pursuant to a contract of affreightment evidenced by th...
Bharat Electronics Limited, Bangalore Vs. Industrial Tribunal, Karnataka,Bangalore & ANR [1990] INSC 87 (15 March 1990)

Judgement Date : 15 Mar 1990

Citation : 1990 Latest Caselaw 87 SC

Headnote :

Respondent-workman was in employment of the Appellant- management as Bus driver. Following an incident of miscon- duct committed by him, a domestic inquiry was conducted against him under Standing Orders 15(1)(b) and 15(1)(r) of the Company wherein he was held guilty by the Enquiry Offi- cer and was...
Gram Panchayat & ANR Vs. Shree Vallabh Glass Works Limited & Ors [1990] INSC 88 (15 March 1990)

Judgement Date : 15 Mar 1990

Citation : 1990 Latest Caselaw 88 SC

Headnote :

Section 16 of the Sick Industrial Companies (Special Provisions) Act, 1985 authorises the Board for Industrial and Financial Reconstruction established under the Act to make enquiry for determining whether any industrial company has become a sick industrial company. Section 17(2) empowers the Board...
Hundraj Kanyalal Sajnani Vs. Union of India & Ors [1990] INSC 89 (16 March 1990)

Citation : 1990 Latest Caselaw 89 SC

Headnote :

The main petition has been filed by the Income-tax Officers Group-A, challenging the Seniority Rules of 1973, which were framed by the Department pursuant to the direc- tions given by this Court in an earlier case B.S. Gupta v. Union of India, [1975] Supp. SCR 491. The circumstances that led to the...
Assam Sillimanite Ltd. & ANR Vs. Union of India & Ors [1990] INSC 90 (16 March 1990)

Citation : 1990 Latest Caselaw 90 SC

Headnote :

The petitioner company had obtained three mining leases from the Government of Assam to extract sillimanite in the Khasi and Jaintia Hills District, for a period of 15 years. Negotiations between the Union of India and the peti- tioner for having the mining leases transferred to the public sector...
M.B. Abdulla Vs. Commissioner of Income-Tax, Kerala [1990] INSC 91 (19 March 1990)

Citation : 1990 Latest Caselaw 91 SC

Headnote :

On November 11, 1968 the Petitioner was apprehended carrying contraband gold in a Maruti Car driven by him. He was taken into custody and the seized gold was confiscated. For the assessment year 1960-70 the Petitioner had filed a return declaring total income of Rs.9,571. In finalising the assess...
B. Krishna Bhat Vs. Union of India & Ors [1990] INSC 92 (19 March 1990)

Citation : 1990 Latest Caselaw 92 SC

Headnote :

Clause (b) of sub-rule (11) rule 3 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 as amended by the Amendment Rules, 1989, requires the State Government to issue distributor licence only to such company owned or controlled by it as may be specified. The petitioner assail...
Commissioner of Sales Tax, U.P. Lucknow Vs. Atma Ram Misra [1990] INSC 93 (19 March 1990)

Citation : 1990 Latest Caselaw 93 SC

Headnote :

The respondents in each of these three cases was sub- jected to assessment under the U.P. Sales Tax Act. In each of these cases the assessee preferred an appeal to the first appellate authority and moved an application for the waiver of any deposit of the tax which was necessary before the appeal co...
Collector of Central Excise, Calcutfa Vs. Berger Paints India Ltd. [1990] INSC 94 (19 March 1990)

Citation : 1990 Latest Caselaw 94 SC

Headnote :

Rule 9(2) of the Customs, Excise and Gold (Control) Appellate Tribunal (Procedure) Rules, 1982 provides that an appeal filed under the direction of the Collector or the Administrator shall be accompanied by an attested copy of the order containing such direction. Pursuant to a general authority and...
State of Tamil Nadu & Ors Vs. Nellai Cotton Mills Ltd. & Ors [1990] INSC 95 (20 March 1990)

Citation : 1990 Latest Caselaw 95 SC

Headnote :

In order to confer permanent status to workmen in var- ious industrial establishments, who have put in a continuous service for a period of 480 days in a period of 24 calendar months, the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 was passed by the Sta...
Pukhraj Jain Vs. Mrs. Padma Kashyap & ANR [1990] INSC 96 (20 March 1990)

Citation : 1990 Latest Caselaw 96 SC

Headnote :

The petitioner-tenant was let out the demised premises by the landlord for a period of three years, with permission of Controller under section 21 of the Delhi Rent Control Act, the landlord died before the expiry of period of tenan- cy. After the expiry of the period, his legal representa- tives ma...
Sri Krishna Das Vs. Town Area Committee, Chirgaon [1990] INSC 97 (20 March 1990)

Citation : 1990 Latest Caselaw 97 SC

Headnote :

The appellant is a commission agent, engaged in the business of sale and purchase of grains, rice, oil-seeds etc. in Chirgaon, District Jhansi. By a notification issued under s. 38(1) of the United Provinces Town Areas Act, 1914, the provisions of Section 298(2)(F)(d) of the U.P. Munici- palities Ac...
K.M. Neelima Misra Vs. Dr. Harinder Kaur Paintal & Ors [1990] INSC 98 (21 March 1990)

Citation : 1990 Latest Caselaw 98 SC

Headnote :

The appellant and the respondents applied for the post of Reader in Psychology in Lucknow University. Under the University Statute, the minimum qualification for the post was a Doctorate degree or a published work of high standard in the subject. The respondents possessed Ph.D. degree, while the app...
Raj Kumar Karwal Vs. Union of India & Ors [1990] INSC 99 (21 March 1990)

Citation : 1990 Latest Caselaw 99 SC

Headnote :

The officers of the Department of Revenue Intelligence (DRI) intercepted one truck. On search, a large quantity of hashish was recovered. In the course of investigation the names of the appellant and the petitioner surfaced. Both of them made confessional statements to the DRI officials. Complain...
Manibhai Vs. Hemraj [1990] INSC 100 (21 March 1990)

Citation : 1990 Latest Caselaw 100 SC

Headnote :

'B', who received some agricultural lands and a house in the partition of his ancestral properties, and his minor sons 'H' and 'R' (Respondent) mortgaged their properties for a sum of Rs.5,500 by executing a conditional sale deed on 22nd April, 1948 in favour of 'N'....
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