Caselaw | Supreme Court Judgements of february 1992

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Delhi Development Horticulture Employees' Union Vs. Delhi Administration, Delhi & Ors [1992] INSC 36 (4 February 1992)

Citation : 1992 Latest Caselaw 36 SC

Constitution of India

Labourers Work[Ng on Salal Hydro-Project Vs. State of Jammu & Kashmir & Ors [1983] INSC 20 (2 March 1983)

Headnote :

During the 5th and 6th Five Year Plans, the Government of India developed several initiatives, including \"food for work\", \"National Rural Employment Programme\", and \"Rural Landless Employment Guarantee Programme\", aimed at providing wage employment to agricultural and landless laborers during...

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Dagi Ram Pindi Lal & ANR Vs. Trilok Chand Jain & Ors [1992] INSC 37 (4 February 1992)

Citation : 1992 Latest Caselaw 37 SC

Code of Civil Procedure, 1908 (CPC)
General Clauses Act, 1897
Income Tax Act, 1961
Indian Evidence Act, 1872

Headnote :

The Plaintiff-respondent filed a lawsuit seeking the recovery of Rs. 1,39,722.86 from the defendants-appellants.During the evidence recording phase of the lawsuit, the plaintiff secured a summons from the court directing the Income Tax Department to present records related to the income tax assessme...

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Union of India Ors Vs. Secretary, Madras Civil Audit & Accounts Association & ANR [1992] INSC 38 (4 February 1992)

Citation : 1992 Latest Caselaw 38 SC

Constitution of India

Headnote :

The Bangalore Bench of the Central Administrative Tribunal determined that employees in the Accounts Wing of the Indian Audit and Accounts Department were entitled to benefits under the Office Memo dated June 12, 1987, issued by the Government of India, Ministry of Finance, Department of Expenditure...

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Raymond Synthetics Ltd. & Ors Vs. Union of India & Ors [1992] INSC 39 (4 February 1992)

Citation : 1992 Latest Caselaw 39 SC

Capital Issues (Control) Act, 1947
Securities Contracts (Regulation) Act, 1956

Headnote :

The appellant company was incorporated under the Companies Act of 1956. It received approval from the Government of India to issue 7,20,00,000 equity shares at a par value of Rs. 10 each, along with 33,90,000 fourteen percent secured redeemable non-convertible debentures at Rs. 100 each, also at par...

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Parameswaran Govindan Vs. Krishnan Bhaskaran & Ors [1992] INSC 40 (6 February 1992)

Citation : 1992 Latest Caselaw 40 SC

Kerala Compensation for Tenants Improvements Act, 1958
Kerala Land Conservancy Act, 1957
Malabar Tenancy Act, 1929
Section 60. TPA, Right of mortgagor to redeem.
Section 83. TPA, Power to deposit in Court money due on mortgage.

Headnote :

The appellant was the mortgagor, while respondent No. 1, defendant No. 4, was one of the mortgagees. The appellant\'s suit for mortgage redemption was granted, requiring payment of Rs. 500 and Rs. 943/9.2 for improvements as a condition for redemption.On appeal, the appellate court increased the amo...

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Jagpati Vs. State of M.P [1992] INSC 41 (11 February 1992)

Citation : 1992 Latest Caselaw 41 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 461. Dishonestly breaking open receptacle containing property

Headnote :

The delay is accepted. These two appeals stem from the ruling of the Madhya Pradesh High Court. The appellants in both cases were found guilty by the Sessions Court under Section 302 of the Indian Penal Code, 1860, in conjunction with Section 34 and 461 of the IPC, and their appeals were rejected by...

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Harbans Singh Tuli and Sons Builders Pvt. Ltd. Vs. Union of India [1992] INSC 42 (11 February 1992)

Citation : 1992 Latest Caselaw 42 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent assigned specific construction tasks to the petitioner, who fulfilled the contract.During the contract\'s execution, the petitioner was tasked with additional work, leading to a payment claim and subsequent dispute. Given that clause 70 of the contract stipulated arbitration, the peti...

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Vijay Enterprises & Ors Vs. Sales Tax Officer & Ors [1992] INSC 43 (11 February 1992)

Citation : 1992 Latest Caselaw 43 SC

Headnote :

The petitioners operated a small-scale industrial unit that produced cycle stands and carriers. They requested a power connection in December 1984, which was only granted on May 20, 1986, despite being sanctioned on January 19, 1986. In the meantime, they began manual production on March 1, 1985, an...

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Sakharam Vs. State of Madhya Pradesh [1992] INSC 44 (12 February 1992)

Citation : 1992 Latest Caselaw 44 SC

Children Act, 1960

Headnote :

The prosecution argued that a few days prior to the incident, the grandfather of the accused-appellant suffered a heart attack and was hospitalized, with the accused\'s parents attending to him.The deceased, who was the accused\'s aunt and the daughter-in-law of the accused\'s grandfather, visited t...

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Mahesh Chandra Vs. Regional Manager, U.P. Financial Corporation & Ors [1992] INSC 45 (12 February 1992)

Citation : 1992 Latest Caselaw 45 SC

Section 52. TPA, Transfer of property pending suit relating thereto.

Lakshmanasami Gounder Vs. C.I.T. Selvamani & Ors [1991] INSC 284 (1 November 1991)

Headnote :

The appellant owned two plots of land, one of which housed a rice mill built by a partnership where he served as the managing partner. To secure a loan, he hypothecated the mill and the plots with the U.P. Financial Corporation, which approved a loan of Rs. 4,28,000 but only disbursed Rs. 3,78,660....

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Madhya Pradesh Housing Board Vs. Mohd. Shafi & Ors [1992] INSC 46 (13 February 1992)

Citation : 1992 Latest Caselaw 46 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Upon the request of the Executive Engineer from the petitioner Housing Board, the State Government issued a notification in accordance with Sections 4(1) and 17(1) of the Land Acquisition Act, along with a declaration under Section 6 of the Act, for the acquisition of 2.298 hectares of land in the v...

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State of Uttar Pradesh & Ors Vs. Dr. Anupam Gupta [1992] INSC 47 (13 February 1992)

Citation : 1992 Latest Caselaw 47 SC

Headnote :

Section 28(5) of the U.P. Universities Act, 1973, which was amended by the Amendment Act of 1980 and took effect from January 1, 1979, granted the State Government the authority to regulate admissions to medical and engineering colleges, as well as to instructional courses and the number of students...

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Karnataka Public Service Commission & Ors Vs. B.M. Vijaya Shankar & Ors [1992] INSC 48 (14 February 1992)

Citation : 1992 Latest Caselaw 48 SC

Headnote :

The Karnataka Public Service Commission held competitive exams for the State Civil Services.According to Clause (I) of the General Instructions for candidates, they were required to write their roll number only on the front page of the answer books in the designated space, and not anywhere else with...

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Gujchem Distillers India Ltd. Vs. State of Gujarat & ANR [1992] INSC 49 (17 February 1992)

Citation : 1992 Latest Caselaw 49 SC

Constitution of India

Headnote :

The appellant, a company incorporated under the Indian Companies Act of 1956, utilized industrial alcohol as a key raw material in the production of resins, chemicals, sodium carboxy methyl cellulose, and other chemical products. In May 1970, the company established its own distillery to produce ind...

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A.P. State Road Transport Corporation Vs. P.V. Ramamohan Chowdhary & Ors [1992] INSC 50 (18 February 1992)

Citation : 1992 Latest Caselaw 50 SC

Motor Vehicles Act, 1939

Headnote :

Exercising its authority under section 68-D of the Motor Vehicles Act, 1939, the Government of Andhra Pradesh has approved a draft scheme formulated under section 68-C concerning the route from Anantapur to Dharamavaram via Mamillapalli. However, exemptions were granted to individuals holding permit...

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Union of India & Ors Vs. Basant Lal & Ors [1992] INSC 51 (18 February 1992)

Citation : 1992 Latest Caselaw 51 SC

Headnote :

The respondents were working as Casual Labourers in the Construction Division of the Northern Railways, and their employment was terminated through an oral order. They submitted a representation claiming that they had been continuously employed for over 120 days, which entitled them to be recognized...

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Commissioner of Sales Tax, Bombayetc. Vs. Bharat Petroleum Corporation Ltd. [1992] INSC 52 (18 February 1992)

Citation : 1992 Latest Caselaw 52 SC

Bombay Sales Tax Act, 1959

Headnote :

The assessee, an oil refinery that is the predecessor of the respondent Corporation in one of the appeals, had registered as a dealer under the Bombay Sales Tax Act, 1959. In the calendar year 1961, it purchased sulphuric acid from a chemical company for the purpose of processing and refining crude...

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Kihoto Hollohan Vs. Zachillhu & Ors [1992] INSC 53 (18 February 1992)

Citation : 1992 Latest Caselaw 53 SC

Constitution of India

Headnote :

The Constitution (Fifty-Second Amendment) Act of 1985, commonly referred to as the Anti-defection law, introduced the Tenth Schedule into the Indian Constitution. This Schedule outlines the conditions under which a Member of either House of Parliament or a State Legislature can be disqualified for d...

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Pefco Foundry Chemicals Ltd. Vs. Collector of Central Excise, Pune [1992] INSC 54 (19 February 1992)

Citation : 1992 Latest Caselaw 54 SC

Headnote :

The appellant was engaged in the production of cylinder liners by casting molten iron into a specific shape. After removing the rough surface of the cylinders, they were machined and honed before being delivered to the Railways.The respondent believed that once the cylinders were supplied to the Rai...

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Pritam Pal Vs. High Court of Madhya Pradesh,Jabalpur Through Registrar [1992] INSC 55 (19 February 1992)

Citation : 1992 Latest Caselaw 55 SC

Constitution of India
Contempt of Courts Act, 1971
IPC Section 70. Fine levied within six years, or during imprisonment- Death not to discharge property from liability

Headnote :

The appellant, an Advocate practicing in the High Court, previously worked in the Defence Accounts Department after retiring from the Army. He filed a Writ Petition in the High Court seeking benefits such as pension, gratuity, pay, and allowances related to his service in both the Defence Accounts D...

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Banwasi Seva Ashram Vs. State of U.P. & Ors [1992] INSC 56 (19 February 1992)

Citation : 1992 Latest Caselaw 56 SC

Constitution of India

Headnote :

On November 20, 1986, this Court issued an order in Writ Petition (Crl.) No. 1061 of 1982, providing detailed instructions for the rehabilitation of Adivasis and landholders impacted by the Rihand Super-Thermal Power Project, which is to be established by the National Thermal Power Corporation Limit...

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Baikuntha Nath Das & ANR Vs. Chief Distt. Medical Officer, Baripada & ANR [1992] INSC 57 (19 February 1992)

Citation : 1992 Latest Caselaw 57 SC

Headnote :

C.A.No.869 of 1987 On March 15, 1951, the appellant was appointed as a Pharmacist, which was then referred to as a compounder. On February 13, 1976, he was compulsorily retired by the Government under the first proviso to Sub-rule of Rule 71 of the Orissa Service Code.The appellant contested this or...

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State of Himachal Pradesh & ANR Vs. Kailash Chand Mahajan & Ors [1992] INSC 58 (20 February 1992)

Citation : 1992 Latest Caselaw 58 SC

Constitution of India
Electricity (Supply) (Himachal Pradesh Amendment) Act, 1990
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948

State of Uttar Pradesh Vs. Lakshmi Ice Factory & Ors [1962] INSC 46 (7 February 1962)

Headnote :

Respondent No. 1 retired as Chief Engineer from the State of Punjab and was appointed as a Member of the Himachal Pradesh State Electricity Board on July 24, 1981. He was subsequently appointed Chairman of the Board for a two-year term, which was extended to five years starting from July 25, 1981, b...

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Secretary, Finance Department & Ors Vs. West Bengal Registration Service Association & Ors [1992] INSC 59 (20 February 1992)

Citation : 1992 Latest Caselaw 59 SC

Government of India Act, 1935

Headnote :

The West Bengal Registration Service included the positions of Sub-Registrars and other roles above that level. A resolution dated May 22, 1952, designated the position of Sub-Registrar as a gazetted post effective from April 1, 1952. Subsequently, a Notification on July 17, 1953, incorporated the R...

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Smt. Nirmala R. Bafna/Kershi Shivax Cambatta Andors. Vs. Khandesh Spinning and Weaving Mills Co. Ltd. & ANR [1992] INSC 60 (25 February 1992)

Citation : 1992 Latest Caselaw 60 SC

Headnote :

The company in question was the tenant of the disputed flat. Following a winding-up order issued in Company Petition No. 59 of 1984, the official liquidator took control of the flat and sealed it. The appellant in C.A.No. 886/92, who is the sister of one of the company\'s directors, claimed to be th...

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R. Tamilmani Vs. Union of India & ANR [1992] INSC 61 (26 February 1992)

Citation : 1992 Latest Caselaw 61 SC

Headnote :

The appellant was interviewed for selection to the Indian Administrative Service in 1990, representing the Non-State Civil Service Officers from Tamil Nadu. Three members of the Selection Committee rated him as \'outstanding\', while the other two rated him as \'very good\'. However, his name was no...

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M.V. Elisabeth & Ors Vs. Harwan Investment and Trading Pvt. Ltd. [1992] INSC 62 (26 February 1992)

Citation : 1992 Latest Caselaw 62 SC

Admiralty Court Act, 1861
Andhra State Act, 1953
Colonial Courts of Admiralty (India) Act, 1891
Colonial Courts of Admiralty Act, 1890
Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The appellant vessel, which was docked at the port of Marmagao, departed without providing the necessary bills of lading or other documentation required by the Respondent company for the goods it had shipped. Upon arriving at the destination port, the appellants delivered the goods to the consignee,...

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Anant B. Timbodia Vs. Union of India & Ors [1992] INSC 63 (26 February 1992)

Citation : 1992 Latest Caselaw 63 SC

Headnote :

The appellant acquired an Import Licence through transfer for the importation of permissible items as outlined in Paragraphs 220 (2), (3), (4), and (6) of the Import Policy 1990-93 Volume I, and subsequently placed an order with a foreign company for the supply of No. 1 quality cloves. Upon the good...

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K.P.M. Basheer Vs. State of Karnataka & ANR [1992] INSC 64 (28 February 1992)

Citation : 1992 Latest Caselaw 64 SC

Constitution of India

Headnote :

On November 12, 1990, the appellant was discovered in possession of two gold pellets, each weighing ten tolas and bearing foreign markings, without a valid permit. An order for detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was...

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