Caselaw | Supreme Court Judgements of april 1992

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Union of India Through Chandigarh Administration (U.T.) Chan Vs. S.K. Sharma [1992] INSC 101 (3 April 1992)

Citation : 1992 Latest Caselaw 101 SC

Headnote :

The respondent was initially appointed on a temporary basis as a Professor (Junior Scale) in the Department of Irrigation and Hydraulics at Punjab. He was later selected for a regular position as Professor (Junior Scale) in the Civil Engineering Department of the Punjab Engineering College. However,...

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Nandu Mal Girdhari Lal Vs. State of Uttar Pradesh & Ors [1992] INSC 102 (3 April 1992)

Citation : 1992 Latest Caselaw 102 SC

Jang Singh Vs. Brijlal & Ors [1963] INSC 42 (20 February 1963)

Headnote :

Following the Court\'s affirmation of the U.P. Krishi Utpadan Mandi Adhiniyam Act, 1964 (AIR 1980 SC 1124), the authorities requested commission agents operating in the designated market area to provide their accounts to determine their market fee liabilities. The Traders Association raised an objec...

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Ganpatrao Gulabrao Pawar & Ors Vs. State of Maharashtra [1992] INSC 103 (6 April 1992)

Citation : 1992 Latest Caselaw 103 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Appellant No. 1, the landholder, submitted a return of his land holdings in accordance with the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961. Following an inquiry, the Collector determined that the appellant\'s total agricultural land amounted to 124 acres and 23 guntas (converted...

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Madanlal Phulchand Jain Vs. State of Maharashtra & Ors [1992] INSC 104 (9 April 1992)

Citation : 1992 Latest Caselaw 104 SC

Headnote :

The appellant was adopted by his uncle\'s family, receiving approximately 28 acres of agricultural land from them. Additionally, he inherited 19 acres and 19-1/2 gunthas of land from his biological father, who passed away without any other heirs.The Commissioner, utilizing the authority granted by S...

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Mulakh Raj Vs. Satish Kumar & Ors [1992] INSC 105 (10 April 1992)

Citation : 1992 Latest Caselaw 105 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender

Headnote :

The first respondent, along with his brother and parents, was charged under Section 302 in conjunction with Section 34 and Section 201 of the Indian Penal Code for the murder of the first respondent\'s wife and for concealing evidence.After seventeen months of marriage, the deceased\'s brother recei...

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K.M. Singh Vs. Secretary, Association of Indian Universities & Ors [1992] INSC 106 (21 April 1992)

Citation : 1992 Latest Caselaw 106 SC

Code of Civil Procedure, 1908 (CPC)
Oaths Act, 1969

Headnote :

The petitioner in the special leave petition initiated a lawsuit seeking a declaration that his resignation was involuntary, stemming from fraud, coercion, threats, and inducement as claimed in the complaint. While this lawsuit was ongoing, he submitted an application under Order 10 Rule 2 in conjun...

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Food Corporation of India Through Its Districtmanager, Fari Vs. Makhan Singh & ANR [1992] INSC 107 (21 April 1992)

Citation : 1992 Latest Caselaw 107 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The Punjab State acquired over 50 acres of land for the Food Corporation of India (F.C.I.) located in the revenue estate of village Danewala, near Malout town in the Faridkot District. Notifications under sections 4 and 6 of the Land Acquisition Act, 1894 were issued on December 20, 1977. The Distri...

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Munni Singh & Ors Vs. State of Bihar [1992] INSC 108 (21 April 1992)

Citation : 1992 Latest Caselaw 108 SC

Indian Penal Code, 1860 (IPC)
IPC Section 396. Dacoity with murder

Headnote :

The appellants, who were the victims of the robbery, along with other witnesses, were residents of the village where the crime occurred at the residence of P.W. 11.The accused were closely related to the victims; P.W. 11\'s cousin and uncle were P.W. 3 and the deceased, respectively, while P.W. 2 wa...

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Lilasons Breweries (Pvt.) Ltd. Vs. State of Madhya Pradesh & Ors [1992] INSC 109 (21 April 1992)

Citation : 1992 Latest Caselaw 109 SC

Madhya Pradesh Excise Act, 1915

Headnote :

Rule 22 of the Madhya Pradesh Brewery Rules, 1970 grants the Excise Commissioner the authority to appoint an officer to oversee the brewery, as well as other excise department officials as deemed necessary for the purpose of regulating the breweries. It also states that the government will cover the...

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Darbara Singh & ANR Vs. State of Haryana & Ors [1992] INSC 110 (21 April 1992)

Citation : 1992 Latest Caselaw 110 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellants, along with two others, faced charges and were tried for offenses under sections 148, 302, 149, and 323/149 of the IPC for the murder of one S and for inflicting simple injuries on one R, both of whom were related to the accused. The Trial Judge acquitted one of the five accused, as n...

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Shrimant Padmaraje R. Kadambande Vs. Commissioner of Income Tax [1992] INSC 111 (22 April 1992)

Citation : 1992 Latest Caselaw 111 SC

Income Tax Act, 1961

Headnote :

The appellant-assessee, a descendant of the former ruler of Kolhapur State, was granted a monthly cash allowance by the successor of the late ruler. Following the merger of the princely State with the then state of Bombay, this cash allowance was terminated due to the provisions of the Bombay Merged...

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Devendra Bhai Shankar Mehta Vs. Rameshchandra Vithaldas Sheth & ANR [1992] INSC 112 (22 April 1992)

Citation : 1992 Latest Caselaw 112 SC

Advocates Act, 1961
Constitution of India

Headnote :

The appellant was an advocate practicing in Bombay.Respondent No.1 (the complainant) filed a complaint with the Bar Council of Maharashtra, alleging professional misconduct against the appellant. The complainant claimed to be the owner of a manufacturing firm and was in need of financial assistance....

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Mst. Kanchaniya & Ors Vs. Shiv Ram & Ors [1992] INSC 113 (22 April 1992)

Citation : 1992 Latest Caselaw 113 SC

Gwalior
Madhya Pradesh Land Revenue Code, 1959

Headnote :

The ruler of the former Gwalior State granted 78 Bighas 17 Biswas of agricultural land to a temple dedicated to Shri Ram Janakiji through a maufi.The father of respondent no.1 served as the Pujari of the temple and was recorded as the Maufidar in the revenue documents. However, the maufi grant was l...

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Dr. A.K. Sabhapathy Vs. State of Kerala & Ors [1992] INSC 114 (22 April 1992)

Citation : 1992 Latest Caselaw 114 SC

Homoeopathy Central Council Act, 1973
Indian Medical Council Act, 1956
Indian Medicine Central Council Act, 1970

Deep Chand Vs. The State of Uttar Pradesh & Ors [1959] INSC 3 (15 January 1959)

Headnote :

Section 38 of the Travancore-Cochin Medical Practitioners\' Act, 1953 states that only registered medical practitioners or those whose names are listed under section 30 or section 25 are permitted to practice modern medicine, homeopathic medicine, Ayurvedic medicine, Siddha medicine, or Unani Tibbi...

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Chandrika Singh & Ors Vs. Raja Vishwanath Pratap Singh & ANR [1992] INSC 115 (22 April 1992)

Citation : 1992 Latest Caselaw 115 SC

U.P. Land Revenue Act, 1901

Headnote :

The respondents filed a lawsuit for possession of certain property, asserting that the father of appellants Nos. 1 and 2 had been in possession of the property as a caretaker. Following his death, appellants Nos. 1 and 2 continued to occupy the property and did not vacate despite their promises to d...

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Prantiya Vidhut Mandal Mazdoorfederation Vs. Rajasthan State Electricity Board & Ors [1992] INSC 116 (23 April 1992)

Citation : 1992 Latest Caselaw 116 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

A conflict over wages and working conditions emerged between the State Electricity Board (Respondent No.1) and its employees. The parties reached a settlement, leading to the dispute being referred to arbitrators under the Industrial Disputes Act.The arbitrators reviewed the case and issued an award...

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Pundlik Krishna Ji & Ors Vs. Trimbak Bhikaji Patil & Ors [1992] INSC 117 (23 April 1992)

Citation : 1992 Latest Caselaw 117 SC

Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958
Constitution of India

Headnote :

Respondent No.1 was the owner of the contested land, which had been under the cultivation of the appellant-tenants since 1951. The tenants gained the status of protected lessees according to the Berar Regulation of Agricultural Leases Act, 1951, as well as the Bombay Tenancy and Agricultural Lands (...

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Commissioner and Secretary To Governmentcommercial Taxes An Vs. Sree Murugan Financing Corporation Coimbatore & Ors [1992] INSC 118 (23 April 1992)

Citation : 1992 Latest Caselaw 118 SC

Tamil Nadu Chit Funds Act, 1961

Headnote :

According to the Tamil Nadu Chit Funds Act, 1961, no individual is permitted to initiate or manage a chit without first registering the proposed bye-laws with the Registrar. An application for the registration of bye-laws must include the fees specified in Appendix II of the Tamil Nadu Chit Fund Rul...

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Shadi Singh Vs. Rakha [1992] INSC 119 (23 April 1992)

Citation : 1992 Latest Caselaw 119 SC

Piara Lal Vs. Kewal Krishan Chopra [1988] INSC 149 (6 May 1988)

Headnote :

The landlord, as the respondent, submitted an application under section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949, seeking to evict the tenant on the basis that the building was necessary for reconstruction due to its unsafe and uninhabitable condition. The Rent Controller gr...

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Bajaj Tempo Ltd. Bombay Vs. Commissioner of Income Tax,Bombay City-Iii Bombay [1992] INSC 120 (24 April 1992)

Citation : 1992 Latest Caselaw 120 SC

Headnote :

The appellant company, established to utilize the manufacturing license granted by the Government to its promoter Corporation, entered into an agreement with the promoter to acquire the rights to manufacture tempo vehicles and to take over its factory as a going concern, including its assets, liabil...

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Y. Srinivasa Rao Vs. J. Veeraiah & Ors [1992] INSC 121 (27 April 1992)

Citation : 1992 Latest Caselaw 121 SC

Headnote :

In response to an advertisement seeking applications for the position of dealer at a fair price shop, both the appellant and respondent No. 1, along with several others, submitted their applications. The appellant, who holds a degree in Commerce, had prior experience managing a fair price shop, whil...

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Addl. Commissioner of Income Tax, Gujarat Vs. I.M.Patel and Co [1992] INSC 122 (28 April 1992)

Citation : 1992 Latest Caselaw 122 SC

Headnote :

The respondent-assessee faced penalties under section 271(1)(a) of the Income-tax Act, 1961, for the late submission of Income-tax returns over three consecutive assessment years. Upon appeal, the Appellate Assistant Commissioner upheld the penalties. The Revenue then appealed to the Tribunal, which...

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Surinder Kumar & ANR Vs. State of Haryana [1992] INSC 123 (28 April 1992)

Citation : 1992 Latest Caselaw 123 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The first appellant\'s second wife passed away due to burn injuries she suffered. Both the first appellant and his son from his first marriage were tried for her murder and for subjecting her to cruelty. The trial court found them guilty under section 302 and 498-A in conjunction with Section 34 of...

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K.T.M.S. Mohd. & ANR Vs. Union of India [1992] INSC 124 (28 April 1992)

Citation : 1992 Latest Caselaw 124 SC

CrPC Section 164. Recording of confessions and statements
CrPC Section 340. Procedure in cases mentioned in section 195
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
Indian Penal Code, 1860 (IPC)
IPC Section 193. Punishment for false evidence
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Headnote :

The Enforcement Directorate in Madras, upon receiving information that appellant-1 was involved in the illegal distribution of funds, conducted a raid at his premises on October 19, 1966, and seized Rs. 4,28,713. On the same day, both appellant-1 and his brother-in-law, appellant-2, were questioned...

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Baqar Husaain & Ors Vs. Zilla Parishad, Medak [1992] INSC 125 (28 April 1992)

Citation : 1992 Latest Caselaw 125 SC

Headnote :

The Andhra Pradesh Panchayat Samithis and Zilla Parishads Ministerial Service Rules were established on March 15, 1965. Rule 4 of these rules outlines the qualifications necessary for various employee categories within the Panchayat Samithis and Zilla Parishads. According to this rule, passing the A...

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State of Madhya Pradesh & Ors Vs. A.K. Rajoriya & ANR [1992] INSC 126 (28 April 1992)

Citation : 1992 Latest Caselaw 126 SC

Headnote :

Rule 6(1) of the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1985 states that recruitment to the service shall occur through (a) direct recruitment, (b) promotion, and (c) transfer. Rule 6(2) specifies that the number of individuals recruited through promotion or transfer m...

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State of Gujarat & ANR Vs. P.J. Kampavat & Ors [1992] INSC 127 (28 April 1992)

Citation : 1992 Latest Caselaw 127 SC

Government of India Act, 1935

Headnote :

The respondents were appointed to the State Government Service on a temporary basis, aligned with the tenure of the Chief Minister and Ministers, and they had no right to permanent employment. They also provided an undertaking to this effect.Following a change in government, the respondents received...

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Smt. Chand Dhawan Vs. Jawahar Lal & Ors [1992] INSC 128 (28 April 1992)

Citation : 1992 Latest Caselaw 128 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 494. Marrying again during lifetime of husband or wife

Headnote :

The appellant was married to the first respondent.After a period of time, the couple began living apart, which led to a series of legal disputes. While there were ongoing proceedings regarding the dissolution of their marriage, custody of their minor children, and criminal charges, the appellant fil...

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State of U.P. Vs. Dr. Ravindra Prakash Mittal [1992] INSC 129 (28 April 1992)

Citation : 1992 Latest Caselaw 129 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

Headnote :

The prosecution argued that the accused-respondent was a private medical practitioner and that the deceased was his second wife, whom he married on July 30, 1971, after his first marriage was dissolved by an ex parte decree initiated by his first wife.The respondent lived with his widowed mother, tw...

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Nadodi Jayaraman Vs. State of Tamil Nadu [1992] INSC 130 (28 April 1992)

Citation : 1992 Latest Caselaw 130 SC

Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 224. Resistance or obstruction by a person to his lawful apprehension
IPC Section 302. Punishment for murder
IPC Section 320. Grievous hurt.
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees

Headnote :

The appellants, A-2 and A-3, along with five other co-defendants, were charged under Section 120-B in conjunction with Section 320 of the Indian Penal Code (IPC) as well as under Section 302 in conjunction with Section 34 IPC.Additionally, the co-defendants faced various other charges. It was claime...

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Surjit Singh Alias Gurmit Singh Vs. State of Punjab [1992] INSC 131 (28 April 1992)

Citation : 1992 Latest Caselaw 131 SC

Indian Penal Code, 1860 (IPC)
IPC Section 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
IPC Section 449. House-trespass in order to commit offence punishable with death

Headnote :

The appellant, who was serving in the military, along with his two brothers and two others, faced charges of criminal trespass, the murder of the Village Panchayat Sarpanch, and causing serious injuries to PW2. Additionally, two other accused were charged with burning the wheat bundles belonging to...

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C.I.T., Bombay Vs. Gwalior Rayon Silk Manufacturing Co. Ltd. [1992] INSC 132 (29 April 1992)

Citation : 1992 Latest Caselaw 132 SC

Headnote :

The assessee-respondent in Civil Appeal No. 2916(NT) of 1980 claimed depreciation on the written down value of roads it constructed, asserting that these roads were part of the factory building\'s cost. Additionally, the assessee sought a development rebate for industrial transport used to move raw...

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Shree Chamundi Mopeds Ltd. Vs. Church Or South India Trust Assn. Csi Cinod Secretariat [1992] INSC 133 (29 April 1992)

Citation : 1992 Latest Caselaw 133 SC

Headnote :

The appellant company rented premises from respondent No. 1 for a monthly fee of Rs. 21,159 but failed to pay the rent. In response, the respondents sent a legal notice demanding payment of the overdue rent. The company replied that it would settle the outstanding dues once it received a development...

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Union of India & Ors Vs. Chowgule and Co. Pvt. Ltd. [1992] INSC 134 (29 April 1992)

Citation : 1992 Latest Caselaw 134 SC

Motor Vehicles Act, 1939

Headnote :

The respondents engaged in mining operations were utilizing dumpers and shovels, which were classified as \'Motor Vehicles\' under the Motor Vehicles Act, 1939. They had been paying taxes on these vehicles in accordance with the Motor Vehicles Taxation Act, 1965. However, they later ceased tax payme...

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Central Coal Fields Ltd Vs. State of Orissa & Ors [1992] INSC 135 (29 April 1992)

Citation : 1992 Latest Caselaw 135 SC

Motor Vehicles Act, 1939

Headnote :

The appellant companies were involved in mining operations and utilized various types of machinery, including Dumpers and Rockers, within their leased areas. The State Government required the appellants to register these machines as vehicles under the Motor Vehicles Act, 1939, and to pay taxes as st...

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Management of M/S. Puri Urban Cooperative Bank Vs. Madhusudan Sahu & ANR [1992] INSC 136 (29 April 1992)

Citation : 1992 Latest Caselaw 136 SC

Industrial Disputes Act, 1947

Headnote :

The respondent was hired by the appellant bank as an appraiser to evaluate and test gold ornaments that were to be pledged as collateral for loans, on a commission basis. His employment could be terminated at any time. After approximately one year and seven months, the appellant bank ended his servi...

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Bhoop Singh Vs. Union of India & Ors [1992] INSC 137 (29 April 1992)

Citation : 1992 Latest Caselaw 137 SC

Headnote :

On April 14, 1967, a significant number of police constables engaged in a mass protest. As a result, their services were terminated without any stated reason. In addition to their dismissal, many of these constables faced prosecution. Following demands from certain Members of Parliament, a number of...

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Union of India & ANR Vs. Pratap Narain & Ors [1992] INSC 138 (29 April 1992)

Citation : 1992 Latest Caselaw 138 SC

Constitution of India

Headnote :

In the case of Narender Chadha and Ors. v. Union of India and Ors., [1986] 1 SCR 211, this Court addressed the issue of seniority between promotees and direct recruits within the Indian Economics Service and the Indian Statistical Service. The Court directed the Union Government to: (i) recognize al...

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M.R. Pratap Vs. V.M. Muthukrishnan, Ito Central Circle-Iii [1992] INSC 139 (29 April 1992)

Citation : 1992 Latest Caselaw 139 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)

Kapurchand Shrimal Vs. Tax Recovery Officer, Hyderabad & Ors [1968] INSC 193 (14 August 1968)

Headnote :

The appellant served as the Managing Director of a Private Limited Company. In his capacity as the Principal Officer, he submitted the company\'s income tax return for the assessment year 1965-66, which he verified and signed. It was later found that the return contained false information. Consequen...

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Madan Gopal Kakkad Vs. Naval Dubey & ANR [1992] INSC 140 (29 April 1992)

Citation : 1992 Latest Caselaw 140 SC

CrPC Section 378. Appeal in case of acquittal
Indian Penal Code, 1860 (IPC)
IPC Section 236. Abetting in India the counterfeiting out of India of coin
IPC Section 263. Erasure of mark denoting that stamp has been used
IPC Section 354. Assault or criminal force to woman with intent to outrage her modesty
IPC Section 375. Rape
IPC Section 376. Punishment for rape
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The victim, an 8-year-old girl (PW. 13), was the daughter of the respondent\'s neighbor and a friend of the respondent\'s niece. On the day of the incident, while the respondent\'s niece and PW. 13 were playing in the respondent\'s drawing room with PW. 13\'s younger brother, the respondent sent his...

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State Bank of India Vs. Indexport Registered & Ors [1992] INSC 141 (30 April 1992)

Citation : 1992 Latest Caselaw 141 SC

Code of Civil Procedure, 1908 (CPC)
Section 128. Surety’s liability
Section 140. Rights of surety on payment or performance
Section 68. TPA, Right to sue for mortgage-money.

Headnote :

The appellant-Bank provided a Packing Credit facility of one lakh Rupees to Respondent No. 1 - a Firm that includes Respondent No. 2 and the deceased son of Respondent No. 3. Respondent No. 2 secured this loan by creating an equitable mortgage on his shop, while Respondent No. 4, the father of the d...

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