Caselaw | Supreme Court Judgements of 1990

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Samrat International (P) Ltd. Vs. Collector of Central Excise Hyderabad [1990] INSC 301 (21 September 1990)

Citation : 1990 Latest Caselaw 301 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant was engaged in the production of Hacksaw blades and Bandsaw, categorized under Tariff Item No. 51-A(iv) of the Central Excise Tariff. On March 26, 1985, they submitted a classification list in accordance with Rule 173 B of the Central Excise Rules, 1944, mistakenly indicating a tariff...

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Sham Sunder Vs. Puran & ANR [1990] INSC 302 (21 September 1990)

Citation : 1990 Latest Caselaw 302 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder

Headnote :

Respondent 1 is the son of Respondent No. 2, who had a total of four sons including Respondent No. 1. Respondent No. 2 owned a sugarcane field next to the wheat field of an individual named P. One of Respondent No. 2\'s sons set fire to sugarcane patties, which damaged P\'s wheat crop, leading P to...

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Dilaver Hussain Son of Mohammadbhailaliwala Vs. State of Gujarat & ANR [1990] INSC 303 (5 October 1990)

Citation : 1990 Latest Caselaw 303 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The unrest that began in February 1985 in Gujarat over the government\'s reservation policy escalated into severe communal riots between Hindus and Muslims in March 1985, leading to a mass exodus of the Dabgar community, a Hindu group, from their homes in the affected areas. Once some semblance of o...

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Budhwa Alias Ramcharan & Ors Vs. State of Madhya Pradesh [1990] INSC 304 (5 October 1990)

Citation : 1990 Latest Caselaw 304 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellants were found guilty of offenses under Sections 147, 149, and 302 of the Indian Penal Code (IPC) for the murder of a villager. The prosecution argued that driven by group rivalry, the accused, numbering over fifteen, attacked the victim with tabbals and lathis while he was on his way to...

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Rajasthan State Electricity Board Vs. Cess Committee & ANR [1990] INSC 305 (8 October 1990)

Citation : 1990 Latest Caselaw 305 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

Headnote :

The Water (Prevention & Control of Pollution) Act, 1974 was enacted, among other purposes, to prevent and control water pollution and to maintain or restore the quality of water. According to Section 25 of this Act, no individual may use any new or modified outlet for discharging sewage or trade eff...

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Delhi Cloth and General Mills Ltd. Vs. S. Paramjit Singh & ANR [1990] INSC 306 (9 October 1990)

Citation : 1990 Latest Caselaw 306 SC

Jammu and Kashmir Houses and Shops Rent Control Act, 1966
Transfer of Property Act, 1882

Headnote :

The appellant, who is a tenant, sought protection under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966. However, the lower courts rejected this claim, citing that clause (iii) of sub-section (3) of Section 1, along with the Explanation, applied to the appellant.The appellant contested...

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Smt. Isabella Johnson Vs. M.A. Susai [1990] INSC 307 (9 October 1990)

Citation : 1990 Latest Caselaw 307 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The landlord, referred to as the Respondent, initiated a lawsuit under the Andhra Pradesh Rent Control Act seeking to regain possession and claim mesne profits. The defendant, known as the Appellant, raised a preliminary objection asserting that the City Civil Court lacked jurisdiction to hear the c...

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Poonjabhai Varmalidas Vs. Commissioner of Income Tax, Ahmadabad [1990] INSC 308 (9 October 1990)

Citation : 1990 Latest Caselaw 308 SC

General Clauses Act, 1897
Income Tax Act, 1961

Headnote :

Section 10(2)(xi) of the Income Tax Act, 1922 allowed for the deduction of bad and doubtful debts. The accompanying proviso stated that if the amount recovered from any such debt exceeded the difference between the total debt and the amount previously allowed, the excess would be considered a profit...

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Central Bank of India Vs. C. Bernard [1990] INSC 309 (9 October 1990)

Citation : 1990 Latest Caselaw 309 SC

CrPC Section 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence

Headnote :

The respondent, an employee of the bank, faced charges for submitting fraudulent travel receipts to claim Leave Fare Concession (L.F.C.). The bank designated one of its officers to serve as both the Enquiry Officer and Disciplinary Authority, who then conducted a departmental inquiry against the res...

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Sita Ram Vs. Chhota Bhondey & Ors [1990] INSC 310 (9 October 1990)

Citation : 1990 Latest Caselaw 310 SC

Ram Adhar Singh Vs. Ramroop Singh & Ors [1967] INSC 242 (26 October 1967)

Headnote :

During the consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953, disputes arose among family members concerning the ownership of certain properties. Respondent No. 1 submitted objections to the original land entries for Khata No. 72 and 73, claiming to be the son of Chhota, o...

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State of U.P. & Ors Vs. Delhi Cloth Mills & ANR [1990] INSC 311 (9 October 1990)

Citation : 1990 Latest Caselaw 311 SC

Kalyani Stores Vs. The State of Orissa & Ors [1965] INSC 186 (21 September 1965)

Headnote :

The respondents are producers of high-strength spirits and previously manufactured and bottled military rum under a license, supplying it to defense personnel both within and outside the State of U.P. The excise duty for military rum intended for export was set at Rs. 7 per L.P. litre, while the rat...

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Devdutta & Ors Vs. State of M.P. & Ors [1990] INSC 312 (9 October 1990)

Citation : 1990 Latest Caselaw 312 SC

Headnote :

A group of Block Level Extension Officers, who were deemed surplus in their original department, were appointed as Sales Tax Inspectors in Class III (Executive) positions within the respondent State between February 13, 1967, and September 28, 1970. An order dated March 29, 1967, exempted them from...

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Milak Brothers Vs. Union of India & Ors [1990] INSC 313 (9 October 1990)

Citation : 1990 Latest Caselaw 313 SC

Customs Act, 1962

Healthways Dairy Products Co. Vs. Union of India [1975] INSC 244 (6 October 1975)

Headnote :

The appellants acquired raw, shelled groundnuts and, after undergoing various processing and treatment, packaged them into packets and tins for export.These goods were initially classified under item 13 of the Second Schedule of the Indian Tariff Act of 1934 and later under item 20 of the Second Sch...

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Chander Bhan Vs. Hotilal Gupta & Ors [1990] INSC 314 (9 October 1990)

Citation : 1990 Latest Caselaw 314 SC

Punjab Courts Act, 1918
Punjab Courts Act, 1918

Headnote :

A vacancy for the position of Upper Division Clerk/English Clerk arose in the Small Causes Court. The appellant claimed the position based on his status as a graduate and the Rule of Rotation outlined in Rule VI of the High Court Rules and Orders, Volume 1. In contrast, Respondent No. 1 based his cl...

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Bhoolchand & ANR Vs. Kay Pee Cee Investments & ANR [1990] INSC 315 (10 October 1990)

Citation : 1990 Latest Caselaw 315 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

T.A. Jotindranath Mudaliar, the original lessor, leased his property, which included two shops and a house adjacent to the shops, to M/s Bhoolchand Chandiram, the appellant, on October 4, 1943. The lease agreement, as outlined in a letter dated the same day, stipulated a monthly rent of Rs. 430 for...

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Jiwani Kumari Parekh Vs. Satyabrata Chakravorty [1990] INSC 316 (10 October 1990)

Citation : 1990 Latest Caselaw 316 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

On January 16, 1990, the Court issued an order in the writ petition directing respondent No. 4 to surrender possession of the premises requisitioned under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, within nine weeks, unless they obtained a court order or acqui...

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Malayammal & Ors Vs. A Malayalam Pillai & Ors [1990] INSC 317 (10 October 1990)

Citation : 1990 Latest Caselaw 317 SC

Headnote :

K. bequeathed his properties, detailing them in five Schedules: A, B, C, D, and E. For the properties listed in Schedule \'E\', he established an endowment specifying that after his death, they should be managed for the construction of his own tomb or samadhi, as well as for conducting poojas and ce...

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Phagwara Improvement Trust Vs. State of Punjab & Ors [1990] INSC 318 (10 October 1990)

Citation : 1990 Latest Caselaw 318 SC

Punjab Town Improvement Act, 1922
Punjab Town Improvement Act, 1922
Punjab Town Improvement Act, 1922

Headnote :

The appellant Trust developed a scheme in accordance with the Punjab Town Improvement Trust Act of 1922, which included certain lands owned by the respondents. Notices inviting objections were published in a daily newspaper on April 9, 16, and 23, 1976, and also in the Punjab Government Gazette on M...

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Rajasthan State Electricity Board & Ors Vs. Laxman Lal [1990] INSC 319 (11 October 1990)

Citation : 1990 Latest Caselaw 319 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Industrial Disputes Act, 1947

Headnote :

On February 22, 1972, a settlement was reached between the Rajasthan State Electricity Board and the Union representing its employees. Following this settlement, a notification was issued on March 22, 1972, which revised the pay scales for various job categories, effective from April 1, 1969. Accord...

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R.M. Narayana Chettiar & ANR Vs. N. Lakshmanan Chetfiar & Ors [1990] INSC 320 (11 October 1990)

Citation : 1990 Latest Caselaw 320 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellants filed a representative lawsuit in the court of the learned Subordinate Judge against the respondents, among other things, requesting the establishment of a scheme for a public charitable trust. On the same day, they submitted a request to the court for permission to initiate the suit,...

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S.P. Dubey Vs. M.P.S.R.T. Corpn. & ANR [1990] INSC 321 (23 October 1990)

Citation : 1990 Latest Caselaw 321 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

The retirement age for employees of the private transport company where the appellant was originally employed was set at 60 years. However, when the company was taken over by the State on August 31, 1955, it was explicitly stated in the notification that the existing employees would not face any neg...

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Bikaner Gypsums Ltd. Vs. Commissioner of Income Tax, Rajasthan [1990] INSC 322 (23 October 1990)

Citation : 1990 Latest Caselaw 322 SC

Income Tax Act, 1961

Headnote :

The appellant-assessee was engaged in the business of mining gypsum. The predecessor of the assessee obtained a lease from the Maharaja of a former princely state on September 29, 1948, allowing for the mining of gypsum for a duration of 20 years over an area of 4.27 square miles. This lease was sub...

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Union of India & Ors Vs. Dev Raj Gupta & Ors [1990] INSC 323 (23 October 1990)

Citation : 1990 Latest Caselaw 323 SC

Delhi Development Act, 1957

Headnote :

In this case, the Government leased land to an individual named R in 1931, and a formal lease agreement was established in 1938, which was a perpetual lease. The lessee built a residential structure on the property and later assigned the lease to L. Upon L\'s death, the lease interest passed to the...

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Sutlej Cotton Mills Ltd. Vs. Commissioner of Income Tax, West Bengal Iii, Calcutta [1990] INSC 324 (23 October 1990)

Citation : 1990 Latest Caselaw 324 SC

Headnote :

The appellant, a company based in British India, operated a cotton mill. The cloth produced at this mill was sold both in British India and in native States. For the assessment years 1945-46, 1946-47, and 1947-48, the company was assessed under Section 14(2)(c) of the Income Tax Act, 1922, for certa...

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Central Board of Direct Taxes & ANR Vs. Dr. O.N. Tripathi & Ors [1990] INSC 325 (24 October 1990)

Citation : 1990 Latest Caselaw 325 SC

Headnote :

Respondents Nos. 1 and 2, who are direct recruit Income Tax Officers in Class I, filed a petition with the Central Administrative Tribunal arguing that they were not promoted to the position of Assistant Commissioner in accordance with their rank on the seniority list, which was established followin...

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Gurmail Singh & Ors Vs. State of Punjab & Ors [1990] INSC 326 (25 October 1990)

Citation : 1990 Latest Caselaw 326 SC

Headnote :

The appellants were employed as tubewell operators in the Irrigation Branch of the Public Works Department of the Punjab Government. The State decided to transfer all tubewells from this branch to the Punjab State Tubewell Corporation, a company entirely owned and operated by the State of Punjab. Fo...

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Murli Manohar and Co. & ANR Vs. State of Haryana & ANR [1990] INSC 327 (25 October 1990)

Citation : 1990 Latest Caselaw 327 SC

Central Sales Tax Act, 1956
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

Each of the appellants/petitioners is a registered dealer in Haryana. They acquired certain raw materials within the state without paying the purchase tax, based on the provisions of section 24 of the Haryana Sales Tax Act, 1973. Using these raw materials, they manufactured goods in the state and su...

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Marine Times Publications Pvt. Ltd. Vs. Shiriram Transport and Finance Co. Ltd. & ANR [1990] INSC 328 (26 October 1990)

Citation : 1990 Latest Caselaw 328 SC

Headnote :

The appellant company, which is a member of the Cooperative Society (respondent No. 2), had its office located in a building owned by the same society. It entered into a sales agreement for the premises with respondent No. 1, a non-member, contingent upon the Cooperative Society\'s approval. However...

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Commissioner of Income Tax, Delhi Central Vs. Modi Spinning and Weaving Mills Co. Ltd. [1990] INSC 329 (26 October 1990)

Citation : 1990 Latest Caselaw 329 SC

Headnote :

In the case of Commissioner of Income Tax, Madras v. Veeraswami Nainar & 9rs., 55 ITR 35, the Madras High Court held that the development rebate reserve should be established when preparing the Profits and Loss Account. This ruling was upheld by the Supreme Court in Indian Overseas Bank\'s Ltd. v. C...

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Subhash Sharma & Ors Vs. Union of India [1990] INSC 330 (26 October 1990)

Citation : 1990 Latest Caselaw 330 SC

Constitution of India
Government of India Act, 1935

Headnote :

These petitions, which are in the form of public interest litigation under Article 32 of the Constitution, seek a mandamus order directing the Union of India to appoint judges to the vacant positions in the Supreme Court and various High Courts across the country, along with related orders or direct...

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Pollisetti Pullamma & Ors Vs. Kalluri Rameswaramma & Ors [1990] INSC 331 (26 October 1990)

Citation : 1990 Latest Caselaw 331 SC

Constitution of India

Headnote :

The appellants are the tenants, while the respondents are the landholders concerning the tenanted agricultural lands of the previously inam estates. Following the enactment of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, the inam estates were abolished...

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Orient Paper and Industries Ltd. Andanr. Vs. State of Orissa & Ors [1990] INSC 332 (30 October 1990)

Citation : 1990 Latest Caselaw 332 SC

Gwalior
Orissa Forest Produce (Control of Trade) Act, 1981

Prakash Amichand Shah Vs. State of Gujarat & Ors [1985] INSC 257 (20 December 1985)
Prakash Amichand Shah Vs. State of Gujarat [1981] INSC 126 (24 July 1981)
The State of Orissa Vs. Sudhansu Sekhar Misra & Ors [1967] INSC 251 (7 November 1967)

Headnote :

The appellants in both Appeals Writ Petitions are contractors who had entered into agreements with the State of Orissa, granting them exclusive rights and licenses to fell, cut, and remove bamboos from designated areas for pulp production. These agreements were set to expire on September 30, 1989. H...

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Mst. Mohindero Vs. Kartar Singh & Ors [1990] INSC 333 (30 October 1990)

Citation : 1990 Latest Caselaw 333 SC

Hindu Succession Act, 1956

Headnote :

Santi married Kisso and had a son, who is the father of the appellant. After Kisso\'s death, Santi married his brother, Ditto, who passed away without any children.Following Ditto\'s death, Santi, as his widow, had the mutation of his estate approved in her name. She held the estate as a life tenant...

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Union of India & ANR Vs. U.P. State Ware Housing Corporation [1990] INSC 334 (31 October 1990)

Citation : 1990 Latest Caselaw 334 SC

Headnote :

The Income Tax Officer mandated the U.P. State Ware Housing Corporation, established under the Ware Housing Corporations Act of 1962, to remit an advance tax payment for the Assessment Year 1974-75, asserting that the rental income earned by the assessee-Respondent from its godowns and warehouses wa...

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M.C. Mehta Vs. State of Tamil Nadu & Ors [1990] INSC 335 (31 October 1990)

Citation : 1990 Latest Caselaw 335 SC

Headnote :

According to Article 39(f) of the Constitution, childhood and youth must be safeguarded from exploitation and provided with opportunities for healthy development. Article 45 mandates that they should receive free and compulsory education until they reach the age of 14.However, economic pressures oft...

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Brathi Alias Sukhdev Singh Vs. State of Punjab [1990] INSC 336 (31 October 1990)

Citation : 1990 Latest Caselaw 336 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant and his uncle, Teja Singh, were tried for murder under Section 302/34 of the Indian Penal Code (I.P.C.) for the killing of Sucha Singh. The prosecution\'s case stated that on January 1, 1975, the appellant and Teja Singh attacked Sucha Singh as he was returning home from his field with...

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Mangananese Ore (India) Ltd. Vs. Chandi Lal Saha & Ors [1990] INSC 337 (1 November 1990)

Citation : 1990 Latest Caselaw 337 SC

Constitution of India
Industrial Disputes Act, 1947
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Government of India, through a notification issued under the Minimum Wages Act, 1948, established the minimum wage rates for various categories of employees working in the Manganese Mines. The appellant Company was compliant with these minimum wage requirements for its workers. In addition, the...

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H.L. Randev & Ors Vs. High Court of Punjab and Haryana & Ors [1990] INSC 338 (1 November 1990)

Citation : 1990 Latest Caselaw 338 SC

Headnote :

The appellants in this matter were promotees, while respondents 2 to 12 were direct recruits, both part of the Punjab Superior Judicial Service. Following the instructions from this Court in the case of B.S. Yadav (1981) 1 SCR 1024, the High Court created a provisional seniority list and called for...

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H.C. Puttaswamy & Ors Vs. Hon'ble Chief Justice of Karnatakahigh Court, Bangalore [1990] INSC 339 (5 November 1990)

Citation : 1990 Latest Caselaw 339 SC

Headnote :

Appointments for the positions of Second Division Clerks in all State Departments of the Karnataka Government are regulated by the Karnataka Civil Services (Ministerial Posts) Recruitment Rules, 1966, with the authority to conduct selections resting with the State Public Service Commission. Each dep...

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M.L. Sachdev Vs. Union of India & ANR [1990] INSC 340 (5 November 1990)

Citation : 1990 Latest Caselaw 340 SC

Headnote :

Article 144 of the Constitution mandates that all civil and judicial authorities within India must assist the Supreme Court in its functions.Section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 states that the Commission should be made up of a Chairman and between two to eight addit...

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Commissioner of Wealth Tax, Calcutta Vs. Smt. Anjamli Khan [1990] INSC 341 (6 November 1990)

Citation : 1990 Latest Caselaw 341 SC

Bihar Land Reforms Act, 1950

Headnote :

The respondent-assessee possessed extensive agricultural lands that were transferred to the State Government under the West Bengal Estates Acquisition Act of 1953. The assessee was entitled to compensation for these lands. For the assessment years 1957-58, 1958-59, and 1959-60, the Wealth Tax Office...

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Tehri Bandh Virodhi Sangarsh Samiti & Ors Vs. State of U.P & Ors [1990] INSC 342 (7 November 1990)

Citation : 1990 Latest Caselaw 342 SC

Headnote :

The petitioners have submitted this petition in the public interest under Article 32 of the Constitution, requesting that the respondents be prohibited from constructing and implementing the Tehri Hydro Power Project and the Tehri Dam.They claim that the safety considerations were overlooked in the...

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Hamda Ammal Vs. Avadiappa Pathar & Ors [1990] INSC 343 (7 November 1990)

Citation : 1990 Latest Caselaw 343 SC

Headnote :

The appellant acquired the property in question from Govindraju Pathar, Muthulinga Asari, and Gurusami Patharâ€”who are the respondents and vendorsâ€”through a sale deed executed in her favor on September 9, 1970, which was registered on October 26, 1970.Prior to the registration of the sale deed, r...

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Nityananda Kar & ANR Vs. State of Orissa & Ors [1990] INSC 344 (9 November 1990)

Citation : 1990 Latest Caselaw 344 SC

Headnote :

Following the advice of a High Power Committee, the Government of Orissa resolved on February 7, 1972, to merge its two service cadres: the Orissa Administrative Service Class II and the Orissa Subordinate Administrative Service Class III. Officers from the former cadre, prior to this date, were ref...

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A.K. Bhatnagar & Ors Vs. Union of India & Ors [1990] INSC 345 (9 November 1990)

Citation : 1990 Latest Caselaw 345 SC

Headnote :

In the Civil Appeal of 1985, Respondent No. 1 filed a writ petition in the High Court seeking consideration for promotion to Grade II and Grade I of the Central Information Service, based on existing vacancies that arose after 1964. He argued that his ad hoc service since 1964 should be taken into a...

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P. Orr and Sons (P) Ltd. Vs. Associated Publishers (Madras) Limited [1990] INSC 346 (9 November 1990)

Citation : 1990 Latest Caselaw 346 SC

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Headnote :

The landlord, as the respondent, submitted a petition to the Rent Controller seeking to evict the tenant-appellant under section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, arguing that the building\'s condition necessitated immediate demolition and that the landlord int...

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Basthi Kasim Saheb Vs. Mysore State Road Transport Corporation & Ors [1990] INSC 347 (12 November 1990)

Citation : 1990 Latest Caselaw 347 SC

Headnote :

The appellant was on a bus operated by the Mysore State Road Transport Corporation when it was involved in an accident that caused him serious injuries.The appellant is seeking Rs. 75,000 in compensation. The respondents contested the claim, arguing that the accident was not due to reckless or negli...

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Major Suresh Chand Mehra Vs. Defence Secretary & Ors [1990] INSC 348 (13 November 1990)

Citation : 1990 Latest Caselaw 348 SC

Army Act, 1950
Army Rules, 1954

Headnote :

The petitioner was commissioned into the Indian Army in January 1959 and was promoted to the substantive rank of Major on March 11, 1983. In January 1986, he joined the 63rd Field Regiment. The unit\'s 24th Rising Day was celebrated on September 1, 1986. In relation to these celebrations, the petiti...

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Smt. Shanti & ANR Vs. State of Haryana [1990] INSC 349 (13 November 1990)

Citation : 1990 Latest Caselaw 349 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellants, along with three other co-defendants, faced charges for dowry death. They were prosecuted under sections 201, 304-B, and 498-A of the Indian Penal Code. The Trial Court found the appellants guilty on all counts but acquitted the other three co-defendants.The appellants appealed to th...

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M.O.H. Uduman & Ors Vs. M.O.H. Aslum [1990] INSC 350 (13 November 1990)

Citation : 1990 Latest Caselaw 350 SC

Headnote :

The appellants/defendants 1-3 and the respondent/plaintiff are the sons of the 4th appellant/defendant, their mother.Their father, M.O. Hassan Kuthus Marican, established the proprietary business M/s Hassan Tithus Marican, which engaged in import and export and other activities in Pondicherry on Jul...

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