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Mehra Bros. Vs. Joint Commercial Officer, Madras [1990] INSC 351 (14 November 1990)

Citation : 1990 Latest Caselaw 351 SC

Headnote :

The appellant is a registered dealer under Tamil Nadu General Sales Tax Act 1 of 1959. The appellant has been carrying on business in the manufacture and sale of Auto seats covers, upholstery materials etc. in leather, plastic cloth and other materials. The taxable turnover for the year 1971-72 was...
Tapan Kumar Mukherjee Vs. Heromoni Mondal & ANR [1990] INSC 352 (14 November 1990)

Citation : 1990 Latest Caselaw 352 SC

Headnote :

The appellant, an officer of the State Government, while acting as Junior Land Reforms Officer-cum-Block Development Officer, was enjoined to comply with the Order dated 15.6.1987 passed by the Calcutta High Court, restraining the Respondent-State from interfering with the possession of the writ-pet...
Syed Hasan Rasul Numa & ANR Vs. Union of India & ANR [1990] INSC 353 (15 November 1990)

Citation : 1990 Latest Caselaw 353 SC

Headnote :

Respondent No. 2, Delhi Development Authority, issued a public notice dated 5th July 1975 stating that the Central Government proposes to make modifications to the Master Plan for Delhi with respect to an area known as `Dargah Shaheed Khan'. It was notified that the land use of the area in quest...
Priyanka Overseas Pvt. Ltd. & ANR Vs. Union of India & Ors [1990] INSC 354 (15 November 1990)

Citation : 1990 Latest Caselaw 354 SC

Headnote :

The appellant company made a contract on 10.6.87 with the foreign suppliers to import under Open General Licence 35,000 MT of "Palm Kernel". Under the above contract 10681.832 MT of palm kernel was shipped from Nigeria on 26.6.87 and 25.7.87 under different bills of lading. The goods arriv...
Mohinder Sain Garg Vs. State of Punjab & Ors [1990] INSC 355 (15 November 1990)

Citation : 1990 Latest Caselaw 355 SC

Headnote :

For filling up 47 posts of Excise and Taxation Inspec- tors in Punjab, the Chairman, Selection Committee issued an advertisement in newspaper. The advertisement stated that there would be three written papers in English, Punjabi and General Knowledge of Degree Standard and would carry 100 marks each...
Rai Chand Jain Vs. Miss Chandra Kanta Khosla [1990] INSC 356 (15 November 1990)

Citation : 1990 Latest Caselaw 356 SC

Headnote :

Respondent, land-lady leased out the demised premises to the appellant on the basis of a rent note dated 19.5.1978 wherein it was stipulated that the demised premises were to be used for residential purpose and that the tenant-appel- lant shall not sublet the premises or any part thereof. The respon...
Vikram Singh & ANR Vs. Subordinate Services Selection Bard, Haryana & Ors [1990] INSC 357 (15 November 1990)

Citation : 1990 Latest Caselaw 357 SC

Headnote :

The Haryana Excise and Taxation Inspectorate (State Service, Class III) Rules, 1969 prescribed 250 marks for the written test and 100 marks for viva voce for selection to that service. In the written examination held by the State Subordinate Services Selection Board in 1985 for the post of Excise In...
Ravikant Bhagoji Dhumal & Ors Vs. State of Maharashtra [1990] INSC 358 (15 November 1990)

Citation : 1990 Latest Caselaw 358 SC

Headnote :

A young woman of 29, Km. Chandrakala, was travelling from Goa to Bombay. The bus stopped at about 9.15 p.m. at Bharana Naka near the hotel belonging to accused no. 5, for meals. Chandrakala along with the other passengers got down, and she proceeded towards certain structure near a tree for attendin...
Dr. Ajay Kumar Agrawal & Ors Vs. State of U.P. & Ors [1990] INSC 359 (16 November 1990)

Citation : 1990 Latest Caselaw 359 SC

Headnote :

This group of writ petitions is an off-shoot of the directions given by this Court on 31.8.1990. These petitions relate to admission in the Post Graduate Medical Courses in the seven Medical Colleges of Uttar Pradesh. State. This Court by its judgment in 1987 (4) SCC p 459 has directed' that sel...
Union of India & Ors Vs. S.L. Dutta & Ors [1990] INSC 360 (16 November 1990)

Citation : 1990 Latest Caselaw 360 SC

Headnote :

Respondent No. 1 was commissioned in the Indian Air Force on July 17, 1954 and in course of time was promoted to the post of Air Vice-Marshal. He belonged to the Navigation Stream of the Indian Air Force and was the senior most officer in his cadre. When he was due for promotion as Air- Marshal, the...
Indian Oil Corporation Ltd. Vs. Amritsar Gas Service & Ors [1990] INSC 361 (19 November 1990)

Citation : 1990 Latest Caselaw 361 SC

Headnote :

A Distributorship Agreement was made between the appel- lantCorporation and the respondent No. 1, for sale of the Liquefied Petroleum Gas (LPG) Cylinders for the consumers as per the terms and conditions specified therein some of. The appellant-Corporation received certain complaints about the wo...
Union of India & Ors Vs. Mohd. Ramzan Khan [1990] INSC 362 (20 November 1990)

Citation : 1990 Latest Caselaw 362 SC

Headnote :

In the civil appeals by special leave, the short point for determination was whether with the alteration of the provisions of Article 311(2) under the Forty-Second Amend- ment of the Constitution doing away with the opportunity of showing cause against the proposed punishment, the delin- quent has n...
Darshan Singh & ANR Vs. Ram Pal Singh & ANR [1990] INSC 363 (20 November 1990)

Citation : 1990 Latest Caselaw 363 SC

Headnote :

Punjab Custom (Power to Contest) Act, 1920: Section 7 Alienations of immovable property--Contesting of--Effect of Punjab Custom (Power to Contest) Amendment Act, 1973 Wheth- er retrospective and applicable to pending proceedings. Punjab Laws Act 1872, Section 5. Punjab Pre-emption Act, 1913 Effect o...
Rampur Distillery and Chemicals Co. Ltd. Vs. Commissioner of Income-Tax, Lucknow [1990] INSC 364 (21 November 1990)

Citation : 1990 Latest Caselaw 364 SC

Headnote :

The appellant was a limited company running a distill- ery, and getting income from a sugar company. The sugar company at an extraordinary general meeting held on January 16, 1952, resolved by a resolution that a dividend be de- clared out of the profits transferred to the Reserve Fund and, by a sub...
State of Haryana & Ors Vs. Ch. Bhajan Lal & Ors [1990] INSC 365 (21 November 1990)

Citation : 1990 Latest Caselaw 365 SC

Headnote :

The First Respondent was a Minister and subsequently Chief Minister of Haryana State. Later he became Union Minister. On 12.11.1987 a complaint was presented before the Haryana Chief Minister, wherein serious allegations were levelled against the First Respondent. The main allegations were that he a...
State of Maharashtra & Ors Vs. Mohammed Salim Khan & Ors [1990] INSC 366 (22 November 1990)

Citation : 1990 Latest Caselaw 366 SC

Headnote :

A complaint was lodged by Respondent No. 7 against Respondent Nos. 1 to 6 before the Senior Inspector of Po- lice---Appellant No. 2. After investigation proceedings under Section 107 of the Code were initiated before appel- lant No. 3, an Assistant Commissioner of Police invested with the powers of...
Indian Metals and Ferro Alloys Ltd. Cuttack Vs. Collector of Central Excise, Bhubaneshwar [1990] INSC 367 (22 November 1990)

Citation : 1990 Latest Caselaw 367 SC

Headnote :

The appellant is a manufacturer of pipes, tubes and poles made of iron and steel. Tariff Item No. 26AA was introduced w.e.f. 24.4.1962 in the First Schedule to the Central Excises and Salt Act, according to which, the appel- lant paid the excise duty. Thereafter the Government issued a notification...
Orissa Judicial Services Association, Cuttack Vs. State of Orissa & ANR [1990] INSC 368 (26 November 1990)

Citation : 1990 Latest Caselaw 368 SC

Headnote :

Petitioners, the Association of the inservice employees of the Orissa Superior Judicial Service, in their petition under Article 32 challenged the constitutional validity of Rule 7 of the Orissa Superior Judicial Service Rules, 1963 and prayed for quashing the Notification dated 24.2.1987 inviting a...
Bharuch Coconut Trading Co. & Ors Vs. Municipal Corporation of The City Ofahmedabad & Ors [1990] INSC 369 (27 November 1990)

Citation : 1990 Latest Caselaw 369 SC

Headnote :

The appellants import and sell the brown coconut (watery coconut) from the States of Andhra Pradesh, Kerala, Karnata- ka and Tamil Nadu and sell the same in the city of Ahmedabad as their trading activity. Under the Municipal Corporation rules, whenever goods are carried into or out of the octroi li...
Plasmac Machine Manufacturing Co. Pvt.Ltd. Vs. Collector of Central Excise, Bombay [1990] INSC 370 (27 November 1990)

Citation : 1990 Latest Caselaw 370 SC

Headnote :

The appellant are the manufacturers of Injection Mould- ing Machines and their 19 types of parts, one of which is called 'Tie Bar Nuts' which are stated to be used to fix the platens in correct distances in between tie bars. The appel- lants submitted their classification lists for the year...
Municipal Corporation of Greaterbombay & ANR Vs. Indian Oil Corporation Ltd. [1990] INSC 371 (27 November 1990)

Citation : 1990 Latest Caselaw 371 SC

Headnote :

The respondent-Oil Corporation took a piece of land on lease from the Bombay Port Trust for 30 years from February 1961 and put up six oil tanks for storage of petrol and petroleum products, apart from other structures and build- ings. For the year 1964-65 the appellant-Municipal Corporation fixe...
Jaswant Singh Vs. State of Punjab & Ors [1990] INSC 372 (27 November 1990)

Citation : 1990 Latest Caselaw 372 SC

Headnote :

The appellant, a Policeman, was dismissed from service on the basis of certain allegations that he was instigating his fellow police officials to cause indiscipline, insubor- dination and disloyalty. The Assistant Inspector-General of Police who passed the dismissal order, dispensed with the departm...
Jumman Khan Vs. State of U.P [1990] INSC 373 (30 November 1990)

Citation : 1990 Latest Caselaw 373 SC

Headnote :

The petitioner was charged with rape and murder of his neighbour's six year old daughter. As per the post-mortem report, the victim was brutually raped and strangulated to death. The Trial Court found the petitioner guilty under both the charges and sentenced him to undergo life imprison- ment u...
Dy. Commissioner of Sales Tax (Law), Board of Revenue Vs. Coco Fibres [1990] INSC 374 (4 December 1990)

Citation : 1990 Latest Caselaw 374 SC

Headnote :

The assessee is a registered dealer under the Kerala General Sales Tax Act. In its return of taxable turnover, the assessee excluded the value of coconut husks purchased and converted into coconut fibre on the ground that there was no manufacturing process involved in making fibre from coconut husk....
Bhoop Alleged Son of Sheo Vs. Matadin Bhardwaj Son of Lakmi Chand [1990] INSC 375 (4 December 1990)

Citation : 1990 Latest Caselaw 375 SC

Headnote :

Sub-Judge, 1st Class, Mahendergarh, in a suit, granted a preemption decree in respect of agricultural land in favour of one Shanti Devi and against the appellant and directed Shanti Devi to deposit the sale price by November 17, 1968. The respondent Matadin obtained a Deed of Assignment in respec...
Hindustan Petroleum Corporation Ltd. Vs. Yashwant Gajanan Joshi & Ors [1990] INSC 376 (5 December 1990)

Citation : 1990 Latest Caselaw 376 SC

Headnote :

The appellant corporation took steps under the Petroleum and Minerals Pipeline (Acquisition of Right of User in land) Act, 1962 for laying down pipelines for a project called the Bombay--Pune Pipeline Project. One Mrs. A.R. Gadre, Special Land Officer in the office of Competent Authority was ap- poi...
Dhan Singh & Ors Vs. State of Haryana & Ors [1990] INSC 377 (5 December 1990)

Citation : 1990 Latest Caselaw 377 SC

Headnote :

The appellants and petitioners are ex-servicemen re-employed in the service of Respondent State. They served the Indian Army during emergency from 1962 to 1968. Appel- lants 4, 5, 7 and 8 joined the Army during emergency while the other appellants and writ petitioners joined before the emergency. Ce...
Smt. Gitarani Paul Vs. Dibyendra Kundu Alias Dibyendra Kumar Kundu [1990] INSC 378 (6 December 1990)

Citation : 1990 Latest Caselaw 378 SC

Headnote :

The appellant purchased the suit land from Bauries, the under Raiyats by way of sale deeds, after the coming into force of the West Bengal Estates Acquisition Act, 1953. It was stated that defendants 1 and 2 accompanied by some Policemen had disturbed the possession of the appellant- plaintiff by de...
Lakshmi Bangle Stores Vs. Union of India & Ors [1990] INSC 379 (6 December 1990)

Citation : 1990 Latest Caselaw 379 SC

Headnote :

The appellant had booked a Rail-wagon for consignment of bangles from Ferozabad to Srikakulam on June 3, 1964. He declared the value of the consigned goods as Rs.25,000 The wagon loaded with the glass bangles met with an accident on June 22, 1964 and was damaged. An open assessment delivery of the g...
Vijay Cotton And Oil Mills (P) Ltd. Vs. State of Gujarat [1990] INSC 380 (6 December 1990)

Citation : 1990 Latest Caselaw 380 SC

Headnote :

The appellant owned land in Kutch District and the Government of Gujarat took its possession on a specific understanding that in exchange the Government would give to it land of equal value but the Government resided and issued a notification under section 6(1) of the Land Acquisition Act, 1894 stra...
Pratap Singh Vs. State of Haryana [1990] INSC 381 (7 December 1990)

Citation : 1990 Latest Caselaw 381 SC

Headnote :

The appellant and his co-accused were convicted by the Additional Sessions Judge under Sections 302,326 read with section 34 of the Indian Penal Code and were sentenced to rigorous imprisonment for life and four years respectively. On appeal the High Court acquitted the co-accused but upheld the...
Ramesh Enterprises Vs. Coffee Board [1990] INSC 382 (7 December 1990)

Citation : 1990 Latest Caselaw 382 SC

Headnote :

The appellants, exporters under the provisions of the Coffee Act, 1942 and Coffee Rules, 1955 used to participate in the auction conducted by Respondent Board and purchase coffee for export. The terms and conditions of the auction sale are fixed by the Board. In respect of an auction held on 18.5.19...
Income Tax Officer, Cuttack & Ors Vs. Biju Patnaik [1990] INSC 383 (7 December 1990)

Citation : 1990 Latest Caselaw 383 SC

Headnote :

The respondent-assessee was assessed to income tax for the assessment year 1957-58 ending with financial year March 31, 1957. Subsequently, it came to the notice of the Income Tax Officer that the assessee had not shown in his return a sum of Rs.15 lakhs which he had earned as capital gains by the s...
Municipal Corporation of Greater Bombay Vs. New Standard Engineering Co. Ltd. [1990] INSC 384 (7 December 1990)

Citation : 1990 Latest Caselaw 384 SC

Headnote :

The Respondent Company an industrial concern constructed a building to provide housing accomodation for its workers under the Government Subsidised Scheme for Industrial Work- ers after obtaining a certain amount of subsidy and loan from the Government under an agreement dated 12.11.1959. Clause...
Mahabir Cold Storage Vs. Commissioner of Income Tax, Patna [1990] INSC 385 (7 December 1990)

Citation : 1990 Latest Caselaw 385 SC

Headnote :

The appellant-assessee is a registered firm. It started functioning w.e.f. May 3, 1956 at Purnea as the branch office of the partnership firm M/s Prayagchand and Hanuman- mal Periwal with its Head Office at Calcutta. The firm consisted of two partners Prayagchand Periwal and Hanumanmal Periwal. T...
Pankaj Bhargava & ANR Vs. Mohinder Nath & ANR [1990] INSC 386 (11 December 1990)

Citation : 1990 Latest Caselaw 386 SC

Headnote :

The appellants and the respondents by their joint appli- cation to the Rent Controller sought for and obtained per- mission for a limited tenancy, under Section 21 of the Delhi Rent Control Act, 1958. The Respondents not having surren- dered possession upon the expiry of the said period of five year...
Commissioner of Income Tax, Calcutta Vs. British Paints India Ltd. [1990] INSC 387 (13 December 1990)

Citation : 1990 Latest Caselaw 387 SC

Headnote :

The respondent-assessee a limited liability company engaged in the business of manufacture and sale of paints, had a consistent practice to value its goods in process and finished products exclusively at cost of raw materials and totally excluding overhead expenditure. The justification for this pra...
Babulal Narotfamdas & Ors Vs. Commissioner of Income-Tax, Bombay [1990] INSC 388 (14 December 1990)

Citation : 1990 Latest Caselaw 388 SC

Headnote :

The appellant-assessee was maintaining the Mercantile system of accounting. He was the Managing Agent of a company and by way of a Resolution passed on 20.7.1949 the company had agreed to pay the appellant special additional remunera- tion at the rate of Rs.15,000 per annum. However, a repre- sentat...
Abhay Shridhar Ambulkar Vs. S.V. Bhave, Commissioner of Police & Ors [1990] INSC 389 (17 December 1990)

Citation : 1990 Latest Caselaw 389 SC

Headnote :

The petitioner herein was detained pursuant to an order of detention dated 12.2.1990 passed by the Commissioner of Police, Greater Bombay under section 3(2) of the National Security Act, 1980 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The...
Municipal Corporation of Delhi Vs. Pramod Kumar Gupta [1990] INSC 390 (17 December 1990)

Citation : 1990 Latest Caselaw 390 SC

Headnote :

The respondent purchased the property in question at an auction sale held in execution of a decree of the Civil Court. The sale was confirmed under Order XXI, Rule 92 of the Code of Civil Procedure, 1908 and the High Court direct- ed issuing of a sale certificate under Rule 94. On the question of pa...
Union of India & ANR Vs. Babubhai Nylchand Mehta [1990] INSC 391 (18 December 1990)

Citation : 1990 Latest Caselaw 391 SC

Headnote :

The respondent is the proprietor of a company which carried on business of manufacturing Waterproof Kraft Paper. The company purchased kraft paper as well as other material from the open market and combined these materials with kraft paper in its factory. The company claimed that as the manu- fac...
Hakim Ali & ANR Vs. Board of Revenue U.P. & Ors [1990] INSC 392 (19 December 1990)

Citation : 1990 Latest Caselaw 392 SC

Headnote :

The father of appellant No. 1 instituted a suit under Section 229-B of the U.P. Zamindari Abolition and Laud Reforms Act, 1950 against respondent No. 2, for a declara- tion that he was Bhumidhar in respect of suit-lands. During the pendency of the suit, the original plaintiff died and the appellants...
T.N. Rugmani & ANR Vs. C. Achutha Menon & Ors [1990] INSC 393 (20 December 1990)

Citation : 1990 Latest Caselaw 393 SC

Headnote :

Municipal Council of Trichur framed certain schemes, including the West Road Scheme in 1976 and thus intended to acquire the lands in question but since the scheme was not published for two years, as required by law, it lapsed, with the result the lands sought to be acquired stood released from acqu...
Anand Bihari & Ors Vs. Rajasthan State Road Transport Corporation, Jaipur Through I [1990] INSC 394 (20 December 1990)

Citation : 1990 Latest Caselaw 394 SC

Headnote :

The appellants (in C.A. No. 1859-61) were appointed as drivers and had put in a long service to the satisfaction of the respondent Corporation. Subsequently on their medical examination it was found that they had developed defective eye-sight i.e. they did not have the required vision for driving th...
Toshiba Anand Batteries Ltd. Vs. Collector of Customs, Cochin [1990] INSC 395 (20 December 1990)

Citation : 1990 Latest Caselaw 395 SC

Headnote :

The appellant-assessee in the appeals is a manufacturer of dry patteries. For this it imports electrolytic manganese dioxide from abroad having a manganese dioxide content of 91%. Its claim is that customs duty is payable on this item under heading 25.01/32(3) of the Customs Tariff Act, 1975 whereas...
Additional Secretary To The Government Ofindia & Ors Vs. Smt. Alka Subhash Gadia & ANR [1990] INSC 396 (20 December 1990)

Citation : 1990 Latest Caselaw 396 SC

Headnote :

An order of detention passed against the first respond- ent's husband under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 could not be served on the proposed detenu as he was absconding. Hence a declaration was made that he was a person who...
Mrs. Malati Ramchandra Raut & Ors Vs. Mahadevo Vasudeo Joshi & Ors [1990] INSC 397 (20 December 1990)

Citation : 1990 Latest Caselaw 397 SC

Headnote :

The respondents filed a suit for partition claiming together 2/3rd share while admitting that the defendants together held 1/3rd share in the suit properties. It was pleaded by the plaintiffs that the suit properties could not be reasonably and conveniently divided and therefore had made a prayer fo...
Simhadri Satya Narayana Rao. Vs. M. Budda Prasad [1990] INSC 398 (21 December 1990)

Citation : 1990 Latest Caselaw 398 SC

Headnote :

The Judgment of the Court was delivered by VENKATACHALA, J.- These special leave petitions are made respecting the judgments in L.P.A. Nos. 11 87 of 1981 and 1207 of 1981 of the High Court of Punjab and Haryana. The petitioners were owners of certain lands of Burail and Maloya village on the outs...
K.V. Swamynathan & Ors Vs. E.V. Padmanabhan & Ors [1990] INSC 399 (21 December 1990)

Citation : 1990 Latest Caselaw 399 SC

Headnote :

The appellants-plaintiffs instituted a suit (O.S. No. 298/76) against the respondents-defendants, for title and exclusive ownership of the suit-properties in T.S. No. 666/2 and for recovery of possession and for damages for wrongful use and occupation of the properties by the defendants. The appe...
Simhadri Satya Narayana Rao Vs. M. Budda Prasad & Ors [1990] INSC 400 (21 December 1990)

Citation : 1990 Latest Caselaw 400 SC

Headnote :

The Judgment of the Court was delivered by VENKATACHALA, J.- These special leave petitions are made respecting the judgments in L.P.A. Nos. 11 87 of 1981and 1207 of 1981 of the High Court of Punjab and Haryana. The petitioners were owners of certain lands of Burail and Maloya village on the outskirt...
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