Caselaw | Supreme Court Judgements of july 1991

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Gagan Bihari Samal & ANR Vs. State of Orissa [1991] INSC 143 (9 July 1991)

Citation : 1991 Latest Caselaw 143 SC

State of Orissa Vs. Nakula Sahu & Ors [1978] INSC 246 (30 November 1978)

Headnote :

On March 19, 1983, the appellants forcibly took P.W. 2 to a secluded location, compelled her to consume alcohol, and sexually assaulted her. They subsequently abandoned her in a truck. While the truck was unloading materials near a village, the victim managed to escape and hid near a fence. P.W. 7 f...

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B.P. Singh & Ors Vs. Director General, Ordnance Factory & Ors [1991] INSC 144 (9 July 1991)

Citation : 1991 Latest Caselaw 144 SC

Constitution of India

Headnote :

In a petition submitted under Article 32 of the Constitution of India, the petitioning teachers, who are employed in schools operated by the respondents under the Defence Department of the Government of India, argued that the respondents\' decision to retire them at the age of 58, while allowing sim...

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Y. Narasimha Rao & Ors Vs. Y. Venkata Lakshmi & ANR [1991] INSC 145 (9 July 1991)

Citation : 1991 Latest Caselaw 145 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Marriage Act, 1955

Headnote :

The first appellant and the first respondent were married in Tirupati on February 27, 1975, in accordance with Hindu Law.They separated in July 1978. The appellant-husband submitted a petition for the dissolution of their marriage in the Sub-Court of Tirupati, indicating that he resided at South Cla...

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Ashok Kumar Alias Golu Vs. Union of India & Ors [1991] INSC 146 (10 July 1991)

Citation : 1991 Latest Caselaw 146 SC

Constitution of India
CrPC Section 401. High Court’s powers of revision
CrPC Section 433. Power to commute sentence
CrPC Section 433A. Restriction on powers of remission or commutation in certain cases
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 303. Punishment for murder by life-convict
IPC Section 40. Offence
IPC Section 45. Life
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
IPC Section 53A. Construction of reference to transportation
IPC Section 55. Commutation of sentence of imprisonment for life
IPC Section 57. Fractions of terms of punishment
Rajasthan Prisons (Shortening of Sentences) Rules, 1958

Headnote :

The petitioner was found guilty of murder and sentenced to life imprisonment, a decision that was upheld by the High Court.Subsequently, he submitted a Writ Petition to the High Court seeking early release, arguing that he should be considered for release under the Rajasthan Prisons (Shortening of S...

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Commissioner of Gift Tax, Ernakulam Vs. Abdul Karim Mohd [1991] INSC 147 (10 July 1991)

Citation : 1991 Latest Caselaw 147 SC

Indian Succession Act, 1925

Headnote :

A Muslim businessman made a gift of certain movable assets to the respondent assessee while he was gravely ill, passing away from the illness six weeks after the gift was documented. During the gift-tax assessment, the assessee sought an exemption for this gift under Section 5(1)(xi) of the Gift Tax...

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Director General Geological Survey of India& Ors Vs. Geological Survey of India Employees Association [1991] INSC 148 (11 July 1991)

Citation : 1991 Latest Caselaw 148 SC

Headnote :

In Civil Appeal No. 855(N) of 1979 and Civil Appeal No. 2665 of 1991, a common issue was raised regarding the date of the merger of two departments of the Government of India in the mines and minerals sector: (i) the Exploration Wing of the Indian Bureau of Mines (IBM) and (ii) the Geological Survey...

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Ram Sewak Prasad Vs. State of U.P. & Ors [1991] INSC 149 (11 July 1991)

Citation : 1991 Latest Caselaw 149 SC

Constitution of India

State of Punjab Vs. Jagdip Singh & Ors [1963] INSC 194 (19 September 1963)

Headnote :

The petitioner was appointed as an Excise Sub-Inspector in February 1964 in the State of U.P. and was subsequently promoted to the position of Excise Inspector on an ad hoc basis on February 24, 1972.He was confirmed as an Excise Sub-Inspector effective April 1, 1967. Despite his ad hoc promotion, t...

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Badal Ram Laxmi Narain Vs. C.I.T. Lucknow [1991] INSC 150 (12 July 1991)

Citation : 1991 Latest Caselaw 150 SC

Headnote :

The partners of the assays firm were part of a Hindu Undivided Family (HUF) that operated a business using borrowed funds.Following a partial division within the family and the separation of the family business, the partners established the assays firm.A debit balance existed in the capital account...

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Sagar Mahavidyalaya, Sagar Vs. Pandit Sadashiv Rao Harshe & Ors [1991] INSC 151 (12 July 1991)

Citation : 1991 Latest Caselaw 151 SC

Headnote :

Govind Rao Harshe mortgaged some agricultural land and a house to Lakshmi Chand and Duli Chand Modi. The mortgagees initiated legal proceedings and secured a preliminary decree, followed by a final decree for the sale of the property to recover Rs. 5001/13/6 on March 26, 1938. They sought to execute...

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Gulabbai Vs. Nalin Narsi Vohra & Ors [1991] INSC 152 (15 July 1991)

Citation : 1991 Latest Caselaw 152 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Jammu and Kashmir Houses and Shops Rent Control Act, 1966

Headnote :

The appellant-plaintiff filed a Regular Civil Suit in the Joint Civil Judge\'s court in Ahmednagar, seeking vacant possession of the suit property along with arrears of rent. The appellant claimed that the defendants were occupying the suit shop under a monthly rental agreement, which began on the f...

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Associated Engineering Co. Vs. Government of Andhra Pradesh & ANR [1991] INSC 153 (15 July 1991)

Citation : 1991 Latest Caselaw 153 SC

Headnote :

Disputes emerged between the Respondent State and the Contractor regarding the cement concrete lining as per an agreement related to the construction of the Nagarjunasagar Dam. An Arbitrator Umpire was appointed, and both parties submitted their pleadings and documents to him.There were 15 claims in...

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Khujji @ Surendra Tiwari Vs. The State of Madhya Pradesh [1991] INSC 154 (16 July 1991)

Citation : 1991 Latest Caselaw 154 SC

CrPC Section 174. Police to enquire and report on suicide, etc
CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant was found guilty by the lower courts under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment for the murder of an individual named G. It was claimed that while the deceased and his companion, PW-4, were traveling in a rickshaw driven by PW-3, the appellant a...

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Gurmej Singh & Ors Vs. State of Punjab [1991] INSC 155 (16 July 1991)

Citation : 1991 Latest Caselaw 155 SC

CrPC Section 161. Examination of witnesses by police
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellants and the deceased, Harnam Singh, were neighbors who had a contentious relationship due to issues regarding the drainage of sullage water and local elections. The prosecution claimed that a few months prior to the incident, the appellants had redirected their sullage water towards Harna...

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Burn Standard Company Ltd. & ANR Vs. Union of India & Ors [1991] INSC 156 (16 July 1991)

Citation : 1991 Latest Caselaw 156 SC

Central Excises and Salt Act, 1944
Constitution of India

Headnote :

The appellant-company produced railway wagons according to the specifications, terms, and conditions outlined in the agreements made with the Railway Board over time. The Railway Board provided wheel-sets, axle boxes, and various other finished components, referred to as \"free supply items,\" to th...

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Harendra Narain Singh Vs. State of Bihar [1991] INSC 157 (17 July 1991)

Citation : 1991 Latest Caselaw 157 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

Appellants 1 and 2, along with other co-defendants, faced prosecution for murder. The evidence presented was entirely circumstantial: (a) Appellant-2 committed the murder in Appellant-1\'s dispensary, with Appellant-1\'s complicity; (b) the deceased\'s body was removed from Appellant-1\'s dispensary...

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Shivaji Dayanu Patil & ANR Vs. Smt. Vatschala Uttam More [1991] INSC 158 (17 July 1991)

Citation : 1991 Latest Caselaw 158 SC

Fatal Accidents Act, 1855
Motor Vehicles Act, 1939

Skandia Insurance Co. Ltd. Vs. Kokilaben Chandravadan & Ors [1987] INSC 92 (1 April 1987)
State of Haryana Vs. Darshana Devi & Ors [1979] INSC 34 (12 February 1979)

Headnote :

A collision occurred on the highway involving a petrol tanker and a truck, causing the tanker to veer off the road and tip over at a distance from the highway. This incident led to a petrol leak that accumulated nearby. Approximately four hours later, an explosion erupted from the petrol tanker, ign...

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Rajendra And Two Others Vs. State of Madhya Pradesh [1991] INSC 159 (18 July 1991)

Citation : 1991 Latest Caselaw 159 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

Appellant No. 1 was found to be displaying and selling tea dust. The Food Inspector, P.W. 1, purchased a sample of the tea dust for testing. Appellant No. 1 informed P.W. 1 that the shop was operated as a partnership among the three brothers, appellants No. 1 to 3.Following the receipt of the Public...

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State of U.P. & ANR Vs. M/S. Synthetics And Chemicals Ltd. & ANR [1991] INSC 160 (18 July 1991)

Citation : 1991 Latest Caselaw 160 SC

Bombay Prohibition Act, 1949
Constitution of India
Government of India Act, 1935
Industries (Development and Regulation) Act, 1951

Headnote :

The Uttar Pradesh Sales of Motor Spirit, Diesel Oil and Alcohol Taxation (Amendment) Act, 1976 modified sub-section (1) of section 3 of the United Provinces Sales of Motor Spirit, Diesel Oil and Alcohol Taxation Act, 1939, aiming to impose a purchase tax on industrial alcohol. This amendment was con...

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Bangalore Medical Trust Vs. B.S. Muddappa & Ors [1991] INSC 161 (19 July 1991)

Citation : 1991 Latest Caselaw 161 SC

Bangalore Development Authority Act, 1976
Karnataka Town and Country Planning Act, 1961

Headnote :

A location in Bangalore was designated as an open space under an improvement plan established by the City of Bangalore Improvement Act of 1945. This Act was later replaced by the Bangalore Development Authority Act of 1976, which recognized the previously established scheme as valid under the new le...

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S.S. Dhanoa Vs. Union of India & Ors [1991] INSC 162 (24 July 1991)

Citation : 1991 Latest Caselaw 162 SC

Representation of the People Act, 1951

Headnote :

Article 324(2) of the Constitution grants the President the authority to determine and appoint a varying number of Election Commissioners as deemed necessary. On October 7, 1989, the President set the number of Election Commissioners at two. Following this, on October 16, 1989, the President appoint...

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Mr. Louis De Raedt & Ors Vs. Union of India & Ors [1991] INSC 163 (24 July 1991)

Citation : 1991 Latest Caselaw 163 SC

Citizenship Act, 1955
Constitution of India

Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta & Ors [1955] INSC 7 (23 February 1955)

Headnote :

The Petitioners, who are foreign nationals involved in Christian missionary activities, have been residing in India continuously for a significant period, dating back to before independence. They have maintained their stay through residential permits that were periodically renewed. In 1985, an order...

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K. Veeraswami Vs. Union of India & Ors [1991] INSC 164 (25 July 1991)

Citation : 1991 Latest Caselaw 164 SC

Contempt of Courts Act, 1971
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 77. Act of Judge when acting judicially
Judges (Inquiry) Act, 1968
Judicial Officers Protection Act, 1850
Prevention of Corruption Act, 1988

Headnote :

A complaint was lodged against the appellant, a former Chief Justice of a High Court, with the CBI, leading to the registration of a case under section 5(2) in conjunction with section 5(1)(e) of the Prevention of Corruption Act, 1947, on February 24, 1976. The First Information Report (F.I.R.) was...

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Anil Kumar Soni Vs. The Managing Director, Punjab Financial Corporation & ANR [1991] INSC 165 (25 July 1991)

Citation : 1991 Latest Caselaw 165 SC

Headnote :

The appellant was appointed as an Assistant Technical Officer at the Punjab Financial Corporation and was confirmed in that role (Textiles) on July 14, 1976. Subsequently, he applied for the position of Assistant Manager, which was to be filled through direct recruitment, and he was selected and app...

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Regional Director, Employee's State Insurance Corporation Vs. High Land Coffee Works of P.F.X. Saldanha And Sons Andanr [1991] INSC 166 (26 July 1991)

Citation : 1991 Latest Caselaw 166 SC

Factories Act, 1948

Headnote :

The Regional Director of the State Employees Corporation, the appellant in this case, sought to include the factories of the respondents, M/s. High Land Coffee Works of P.F.X. Sakdanha & Sons, under the provisions of the Employees State Insurance Act of 1948.According to Section 1(4) of the Act, \"s...

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Texmaco Ltd. Vs. Collector of Central Excise, Calcutta [1991] INSC 167 (31 July 1991)

Citation : 1991 Latest Caselaw 167 SC

Central Excises and Salt Act, 1944

Headnote :

The appellant, under contracts with the Railway Administration, manufactured and delivered wagon-bodies that were mounted on \"wheel sets\" provided by the Railways.The invoices issued by the appellant only included the price of the wagon-bodies, omitting the value of the \"wheel sets\" on which the...

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M.B. Sanghi, Advocate Vs. High Court of Punjab And Haryana & Ors [1991] INSC 168 (31 July 1991)

Citation : 1991 Latest Caselaw 168 SC

Contempt of Courts Act, 1971

Headnote :

After failing to obtain a temporary stay for his client, the appellant, a practicing Advocate, made remarks that suggested improper motives on the part of the Sub-Judge for denying the stay. In response, the Sub-Judge reported the appellant\'s comments to the District and Sessions Judge for appropri...

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