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V.R. Katarki Vs. State of Karnataka & Ors [1990] INSC 101 (22 March 1990)

Citation : 1990 Latest Caselaw 101 SC

Headnote :

The appellant, a Civil Judge, was dismissed by the High Court on the ground that he had committed certain irregular- ities in the adjudication of references under Section 18 of the Land Acquisition Act, 1894 by (i) writing letters to the Land Acquisition Officer, for enforcing the Award, even though...
State Vs. S.J. Choudhary [1990] INSC 102 (22 March 1990)

Citation : 1990 Latest Caselaw 102 SC

Headnote :

A device parcel containing camouflaged live hand grenade exploded in the hands of the addressee resulting in his instantaneous death. The police collected from the scene of incident the typewritten pieces of the paper in which the grenade had been wrapped and sent them to the Central Foren- sic Scie...
Manjeet Singh, Udc & Ors Vs. Employees State Insurance [1990] INSC 103 (22 March 1990)

Citation : 1990 Latest Caselaw 103 SC

Headnote :

The respondent Corporation prepared a panel for the post of Insurance Inspector, for filling up the direct-recruit quota, on the basis of written test and interview. In the absence of prescribed marks for the interview--40% was made as basic limit for selection. The unsuccessful candidates challe...
A.M. Mathur Vs. Pramod Kumar Gupta [1990] INSC 104 (22 March 1990)

Judgement Date : 22 Mar 1990

Citation : 1990 Latest Caselaw 104 SC

Headnote :

While allowing a writ petition, one of the Judges deliv- ered the main Judgment invalidating the decision of the Government on the ground that it violated Article 14 of the Constitution. The other Judge delivered a separate, but concurring opinion which contained highly disparaging re- marks attribu...
Dr. V.L. Chandra & Ors Vs. All India Institute of Medical Sciences & Ors [1990] INSC 105 (22 March 1990)

Judgement Date : 22 Mar 1990

Citation : 1990 Latest Caselaw 105 SC

Headnote :

The Petitioners were employed by the respondent--Insti- tute for carrying out assignments of research projects undertaken by the Institute. The employment of three of the four petitioners was terminated. The petitioners filed Writ Petitions in this Court alleging that they were continuously employed...
Rajendra Singh Yadav & Ors Vs. State of U.P. & Ors [1990] INSC 106 (23 March 1990)

Judgement Date : 23 Mar 1990

Citation : 1990 Latest Caselaw 106 SC

Headnote :

The appellants/petitioners filed Writ Petitions before the High Court against the termination of their services as Lekhpals in the State of Uttar Pradesh. The High Court did not entertain the petitions on the ground that alternate relief was available before the U.P. Public Services Tribu- nals set...
Krishna Sahai & Ors Vs. State of U.P. & Ors [1990] INSC 107 (23 March 1990)

Judgement Date : 23 Mar 1990

Citation : 1990 Latest Caselaw 107 SC

Headnote :

The writ petitions preferred by the appellants before the High Court were sought to be resisted by the State on the preliminary objection that they had an alternative remedy available before the Public Services Tribunal set up under the U.P. Act 17 of 1976. The appellants took the plea that filing o...
Committee For Protection of Rights of Ongc Employees & Ors Vs. Oil and Natural Gas Commission [1990] INSC 108 (23 March 1990)

Judgement Date : 23 Mar 1990

Citation : 1990 Latest Caselaw 108 SC

Headnote :

The petitioners, employed in temporary capacity with the Oil and Natural Gas Commission when it was a Department of the Government of India, were subsequently absorbed in the said Commission when it was established as a statutory body under the Oil and Natural Gas Commission Act, 1959. The Employees...
State of Punjab & Ors Vs. Joginder Singh & Ors [1990] INSC 109 (23 March 1990)

Citation : 1990 Latest Caselaw 109 SC

Headnote :

Paragraph 516-B of the Manual for the Superintendence and Management of Jails in Punjab provides for premature release of prisoners. The State Government had issued in- structions in 1971 modifying the executive instructions in paragraph 516B, to the effect that a convict must have undergone 8 1/2 y...
Kishan Lal & Ors Vs. State of Rajasthan & Ors [1990] INSC 110 (23 March 1990)

Citation : 1990 Latest Caselaw 110 SC

Headnote :

In the Writ Petition flied in this Court, the validity of Rajasthan Agricultural Produce Markets Act, 1961, levying market-fee on sale and purchase of agricultural produce was challenged for lack of legislative competence, and arbitrary inclusion of Khandsari, Shakkar, Gur and Sugar as agricul- tura...
D.N. Agrawal & ANR Vs. State of Madhya Pradesh & Ors [1990] INSC 111 (23 March 1990)

Citation : 1990 Latest Caselaw 111 SC

Headnote :

The two appellants had joined as overseers in the P.W.D. of the respondent Madhya Pradesh State. Thereafter they were appointed as Junior Engineers. The grievance of the appel- lants is with regard to their seniority in the next promo- tional post viz, that of Assistant Engineer. Recruitment Rule...
Awadh Prasad Singh & Ors Vs. State of Bihar & Ors [1990] INSC 112 (27 March 1990)

Citation : 1990 Latest Caselaw 112 SC

Headnote :

The subject matter of the Writ Petition is the gradation list dated 9.1.1986 of the Inspectors of Excise by which the Government of Bihar has finally fixed the inter se seniority of the Petitioners who were promoted vis-a-vis the appel- lants in the present appeal who were promoted to posts of Inspe...
Automobile Products of India Employees Union Vs. Association of Engineering Workers, Bombay & Ors [1990] INSC 113 (27 March 1990)

Citation : 1990 Latest Caselaw 113 SC

Headnote :

The fourth respondent, a company had two factories in the State of Bombay. The first respondent--Union obtained a certificate of recognition from the Industrial Court under section 12 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 for one of the...
Vashisht Narain Karwaria Vs. State of U.P. & ANR [1990] INSC 114 (28 March 1990)

Citation : 1990 Latest Caselaw 114 SC

Headnote :

The petitioner was detained under section 3(3) of the National Security Act, 1980, under an order passed by the detaining authority after consideration of the documents placed before it by the sponsoring authority alleging that the detenu was a hardened criminal and habitual offender against whom ma...
Yedida Chakradhararao & Ors Vs. State of Andhra Pradesh & Ors [1990] INSC 115 (29 March 1990)

Citation : 1990 Latest Caselaw 115 SC

Headnote :

Sub-section (i) of s. 3 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 defines the expression "holding" as meaning the entire land held by a person as an owner, a limited owner, usufructuary mortga- gee, a tenant and as one who is in possession by virtue of...
Andhra Steel Corporation Vs. Commissioner of Commercial Taxes In Karnataka [1990] INSC 116 (30 March 1990)

Citation : 1990 Latest Caselaw 116 SC

Headnote :

The appellant, a registered dealer under the Karnataka Sales Tax Act, 1957, was purchasing iron-scraps from dealers inside and outside the State of Karnataka for the purpose of manufacturing iron ingots, steel rounds and for steel. He filed a writ petition in the High Court challenging the Constitut...
N.T. Bevin Kath Vs. Karnataka Public Service Commission & Ors [1990] INSC 117 (30 March 1990)

Citation : 1990 Latest Caselaw 117 SC

Headnote :

The Karnataka Public Service Commission issued a notifi- cation on 23rd May 1975 inviting applications from in-serv- ice candidates for recruitment to 50 posts of Tehsildars. In para 14 of the notification it was stated that provisions of 1975 Rules, and Rules 7 to 14 of the Karnataka Recruitment of...
Director General and Inspector General of Police, Andhra Vs. K. Ratnagiri [1990] INSC 118 (30 March 1990)

Citation : 1990 Latest Caselaw 118 SC

Headnote :

The first appellant made an order under Rule 13(1) of the A.P. Civil Service (CCA) Rules, 1963 keeping the re- spondent, a Police Inspector, under suspension pending prosecution against him in the case of death of a person in lock-up in the Police Station to which the respondent was attached. The re...
Paul Brothers (Tailoring Division)& Ors Vs. Ashim Kumar Mandal & Ors [1990] INSC 119 (2 April 1990)

Citation : 1990 Latest Caselaw 119 SC

Headnote :

These appeals arose as a sequel to certain directions of this Court in the famous Sanchaita Investment Company case, which by dint of tremendous advertisement campaign collected deposits amounting to several crores of rupees from thou- sands of depositors spread all over India. The firm pros- pered...
Sanatan Gauda Vs. Berhampur University & Ors [1990] INSC 120 (2 April 1990)

Citation : 1990 Latest Caselaw 120 SC

Headnote :

After passing his M.A. examination securing more than 40 per cent marks (364 out of 900), the appellant secured admission in 1983 to three-years law course in Ganjam Law College. Along with his form seeking admission he had sub- mitted the mark-sheet with his M.A. degree certificate. He completed hi...
Ram Bhagat Singh & ANR Vs. State of Haryana & ANR [1990] INSC 121 (4 April 1990)

Citation : 1990 Latest Caselaw 121 SC

Headnote :

Rule 8 of the Punjab Civil Services (Judicial Branch Rules, 1951, as adapted by the State of Haryana, lays down that no candidate shall be considered to have qualified in the examination unless he obtains at least 55% marks in the aggregate of all papers, including the viva-voce test. The petitio...
Sanjeev Kumar Aggarwal Vs. Union of India & Ors [1990] INSC 122 (4 April 1990)

Citation : 1990 Latest Caselaw 122 SC

Headnote :

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act by an order dated 13.7.1989. The facts lead- ing to his arrest and detention are: On 7.7.1989 officers of Directorate of Revenue Intelli- gence New Delhi intercepted a...
National Union of All India Radio& Ors Vs. Union of India & ANR [1990] INSC 123 (5 April 1990)

Citation : 1990 Latest Caselaw 123 SC

Headnote :

Staff Artists of All India Radio/Doordarshan, after complying with the initial requirements, used to be appoint- ed to various positions like Announcer, News Readers, Con- ductor, Music Compere, Instrumentalists, Producer and Script Writer etc., on contract basis upto the age of 55 years. In May 198...
M. Sunderamoorthy Vs. The State of Tamil Nadu [1990] INSC 124 (5 April 1990)

Citation : 1990 Latest Caselaw 124 SC

Headnote :

The appellant was an Accountant-cum-Headclerk in the Forest Training School, PW-3 the Principal of the training school, and PW-I the canteen contractor. The prosecution alleged that on the basis of a complaint made by the appel- lant that the food served in the canteen was substandard, PW-3 issued a...
Gwalior Rayon Silk Mfg. Co. Ltd. Vs. Custodian of Vested Forests Palghat & ANR [1990] INSC 125 (6 April 1990)

Citation : 1990 Latest Caselaw 125 SC

Headnote :

The appellant company was maintaining a large eucalyptus plantation for captive consumption in its production of Rayon Grade Pulp. The State of Kerala claimed that as a consequence of the Kerala Private Forests (Vesting and Assignment) Act, 1971, the eucalyptus plantation being a 'private forest...
Thapar Institute of Engineering Andtechnology, Patiala Vs. Abhinav Taneja & Ors [1990] INSC 126 (6 April 1990)

Citation : 1990 Latest Caselaw 126 SC

Headnote :

For admission to B.E. Course (1989-90 Session) in the appellant Institute and 3 other institutes, there was a Combined Entrance Test held by the Punjab University. The results were declared, and students allotted to the respec- tive institutes of their choice. The appellant Institute drew up merit l...
Mrs. Roshan Sam Vs. B.R. Cotton Mills Ltd. & Ors [1990] INSC 127 (6 April 1990)

Citation : 1990 Latest Caselaw 127 SC

Headnote :

The appellant-landlord obtained a decree of eviction of respondent No. 1 company from the suit premises. Aggrieved, respondent No. 1 filed a Writ Petition before the High Court. Dismissing the Petition, the High Court granted eight weeks' time to respondent No. 1 for vacating the suit prem- ises...
Vinay Kumar Verma & Ors Vs. The State of Bihar & Ors [1990] INSC 128 (6 April 1990)

Citation : 1990 Latest Caselaw 128 SC

Headnote :

Rule 4 of the Bihar Engineering Service Rules, 1939 provided for recruitment to the cadre of Executive Engineers in the Bihar Public Works Department by (i) direct recruit- ment, and (ii) promotion from Class II Service. The State Government by a memorandum dated February 18, 1977 merged with the ca...
Government of Andhra Pradesh & ANR Vs. M. Hayagreev Sarma [1990] INSC 129 (6 April 1990)

Citation : 1990 Latest Caselaw 129 SC

Headnote :

The respondent joined service in the Department of Examiner of Accounts, Local Fund and in the service book his date of birth was recorded on the basis of S.S.L.C. Certifi- cate. He made an application for alteration of his date of birth but the Head of Department rejected his prayer by an order dat...
Smt. Mayawanti Vs. Smt. Kaushalya Devi [1990] INSC 130 (6 April 1990)

Citation : 1990 Latest Caselaw 130 SC

Headnote :

A civil suit was flied by the appellant herein against the respondent herein in the year 1973 praying for a decree for specific performance of the contract, in the alternative for a decree for a total sum of Rs. 16,000 including the earnest money of Rs.5,000 on averments inter alia that she had ente...
Sarda Plywood Ltd. & ANR Vs. Union of India & Ors [1990] INSC 131 (9 April 1990)

Citation : 1990 Latest Caselaw 131 SC

Headnote :

The petitioners filed a writ petition in the High Court, challenging the Notification dated 27.10.1989 issued under the Destructive Insects and Pests Act, 1914. Examining the question whether certain logs of timber imported by the petitioners from foreign countries for use in the manufacture of p...
A.P. Public Service Commission, Hyderabadanr. Vs. B. Sarat Chandra & Ors [1990] INSC 132 (10 April 1990)

Citation : 1990 Latest Caselaw 132 SC

Headnote :

Rule 5 of the A.P. Police Service Rules, 1966 makes a person ineligible for appointment as Deputy Superintendent of Police unless he has completed the age of 21 years on the first day of July of the year in which the selection is made. The appellant Service Commission notified on August 25, 1983...
Scientific Adviser to The Ministry of Defence& Ors Vs. S. Daniel & Ors [1990] INSC 133 (10 April 1990)

Citation : 1990 Latest Caselaw 133 SC

Headnote :

The respondents were holding class III civil posts in the Research Laboratories attached to the Ministry of De- fence. Under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, their 'appointing authori- ty' was the Scientific Adviser. But the appointing authori- ty,...
State of Haryana & ANR Vs. Ram Diya [1990] INSC 134 (10 April 1990)

Citation : 1990 Latest Caselaw 134 SC

Headnote :

Paragraph 516-B of the Punjab Jail Manual provides for premature release of prisoners, and is in the nature of executive instructions. The State Government modified the instructions in 1971 and 1976. The 1976 instruction was to the effect that cases of life convicts whose sentence has been commuted...
Mallikarjuna Rao & Ors Vs. State of Andhra Pradesh & Ors [1990] INSC 135 (10 April 1990)

Citation : 1990 Latest Caselaw 135 SC

Headnote :

Andhra Pradesh Animal Husbandry Service Rules, 1961, governed the conditions of service of the Andhra Pradesh Animal Husbandry Department and under those Rules Veterinary Assistant Surgeons were eligible for promotion to three categories of Class IV posts. Rule 6 of the said Rules provided special e...
Miss Raj Soni Vs. Air Officer Incharge Administration & ANR [1990] INSC 136 (10 April 1990)

Citation : 1990 Latest Caselaw 136 SC

Headnote :

The normal age of retirement of an employee of an aided school prescribed under s. 208 of the Delhi Education Code, 1965 was 60 years. The proviso to s. 8(1) of the Delhi Education Act, 1973, prohibited the administrator from varying the conditions of service of an employee of an existing school at...
Sabyaschi Sengupta & Ors Vs. Nani Gopal Datta & Ors [1990] INSC 137 (11 April 1990)

Citation : 1990 Latest Caselaw 137 SC

Headnote :

Some employees belonging to West Bengal Civil Service (Executive) filed a writ petition before the High Court, praying for a direction to the State Government to frame appropriate seniority rules. The High Court passed an inter- im order directing the State Government to frame seniority rules and de...
State of Bihar & Ors Vs. Ramjee Prasad & Ors [1990] INSC 138 (11 April 1990)

Citation : 1990 Latest Caselaw 138 SC

Headnote :

The State of Bihar published an advertisement inviting applications for appointments to the junior teaching posts in medical colleges in the State of Bihar. For the post of Assistant Professor. only such officers who had worked as Resident or Registrar in Medical Hospitals recognised for imparting M...
Elizabeth Antony Vs. Michel Charles John Chown Lengera [1990] INSC 139 (12 April 1990)

Citation : 1990 Latest Caselaw 139 SC

Headnote :

The respondent, claiming to be the beneficiary to the estate of deceased 'M' under a will executed by her, filed an application in the Sub Court for Letters of Administra- tion. The petitioner lodged a caveat and opposed the probate of the will on the ground that the will propounded by the r...
All India State Bank Officers Federationthrough its Preside Vs. Union of India & Ors [1990] INSC 140 (16 April 1990)

Citation : 1990 Latest Caselaw 140 SC

Headnote :

The All India State Bank Officers' Federation filed a Writ Petition in this Court on the 24th April, 1989 seeking to impugn a new promotion policy initiated by the State Bank of India. The petition was supported by an affidavit of the President of the Federation affirming the contents of the pet...
Abdu Salam @ Thiyyan Vs. Union of India & Ors [1990] INSC 141 (17 April 1990)

Citation : 1990 Latest Caselaw 141 SC

Headnote :

The appellant after his Haj pilgrimage had been to Jeddah and from Jeddah he landed in Bombay on 15.9.1987. Thereafter he boarded a bus to go to his native place in Kerala. On 17.9.1987, the Custom authorities intercepted the bus wherein the petitioner was travelling and in the presence of the pa...
Mathura Prasad Vs. Ajeem Khan [1990] INSC 142 (17 April 1990)

Citation : 1990 Latest Caselaw 142 SC

Headnote :

Election to the Legislative Assembly of the State of Madhya Pradesh was held in February, 1985. For Constituency No. 14 Lahar (Distt. Bhind) nomination papers were filed before 6th February, 1985 and scrutiny done on February 7, 1985. During the scrutiny the nomination paper of Ramprakash who was on...
Othayath Lekshmy & ANR Vs. Nellachinkuniyil Govindan Nair & Ors [1990] INSC 143 (19 April 1990)

Citation : 1990 Latest Caselaw 143 SC

Headnote :

The appellants fried an Execution Application in 1970 in the Court of Munsiff under Section 13(B) of the Land Reforms Act 1969 for the restoration of the possession of the properties which were sold in Court auction in pursuance of a decree for arrears of rent. The decree holder and Court auction pu...
State of Maharashtra Vs. Mahadeo Deoman Rai Alias Kalal & Ors [1990] INSC 144 (19 April 1990)

Citation : 1990 Latest Caselaw 144 SC

Headnote :

The respondent was permitted by the Municipal Council to construct a building on the disputed land. Later, the site was reserved under s. 4 of the Land Acquisition Act for a town planning scheme. When the respondent was prevented from proceeding with the construction he filed a suit for dam- ages. T...
Hoshiarpur Improvement Trust Vs. President Land Acquisition Tribunal& Ors [1990] INSC 145 (19 April 1990)

Citation : 1990 Latest Caselaw 145 SC

Headnote :

The lands of the respondents were acquired for a scheme of the Appellant-Improvement Trust. The awards for compensa- tion were made by the Collector on 6th January, 1979 and 30th April, 1982 and the reference was disposed of by the Land Acquisition Tribunal by its award dated 28th March, 1983 and 29...
Clothing Factory, National Workers' Union Avadi, Madras Vs. Union of India [1990] INSC 147 (20 April 1990)

Citation : 1990 Latest Caselaw 147 SC

Headnote :

The controversy that requires determination in this appeal is whether piece-rated workers are entitled to over- time wages for work done beyond the normal hours of 44-3/4 hours and up to 48 hours in a week, i.e. for 3-1/4 hours in a week and the rate at which they should be paid the overtime wages f...
K.P. Periannan Vs. Government of Tamil Nadu & Ors [1990] INSC 148 (20 April 1990)

Citation : 1990 Latest Caselaw 148 SC

Headnote :

The appellant gave the highest bid at the auction of an arrack shop but his bid was considered inadequate. The shop was re-auctioned and the bid of 'C' was provisionally ac- cepted. 'C' failed to comply with certain requirements and the shop was again re-auctioned in which the bid of...
Vijayee Singh & Ors Vs. State of Uttar Pradesh [1990] INSC 149 (20 April 1990)

Citation : 1990 Latest Caselaw 149 SC

Headnote :

14 accused were tried for offences under section 148 and 302 read with Section 149 of I.P.C. for the murder of two persons named Mahendra Singh and Virendra Singh and injuries to 3 others named Vijay Narain Singh, P.W. 1, Uma Shankar Singh, P.W. 2 and Kailash Singh. Accused No. 6 Chirkut Singh was f...
New India Assurance Co. Ltd. Vs. Ram Dayal & Ors [1990] INSC 150 (20 April 1990)

Citation : 1990 Latest Caselaw 150 SC

Headnote :

In a claim for compensation, the Motor Accident Claims Tribunal held that the insurer was not liable to meet the award of compensation against the owner of the vehicle, as the policy had been taken after the accident. On appeal, the High Court held that the insurance policy obtained on the date of a...
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