Caselaw | Supreme Court Judgements of january 1992

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Dr. P K Jaiswal Vs. Ms. Debi Mukherjee & Ors [1992] INSC 1 (7 January 1992)

Citation : 1992 Latest Caselaw 1 SC

Headnote :

The Union government submitted a request to the Union Public Service Commission to select a candidate for the position of Assistant Director General (Prevention of Food Adulteration) in the Ministry of Health and Family Welfare, which, according to existing regulations, was to be filled solely throu...

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Collector of Customs. Calcutta Vs. M. Shashikant and Co [1992] INSC 2 (8 January 1992)

Citation : 1992 Latest Caselaw 2 SC

Headnote :

The respondent company sought to obtain an Export House Certificate under the Import Policy for 1978-79, but their application was rejected on the basis that they had not diversified their exports. The respondent subsequently filed a writ petition in the Bombay High Court, which was granted. In resp...

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Om Prakash & ANR Vs. Jai Prakash [1992] INSC 3 (9 January 1992)

Citation : 1992 Latest Caselaw 3 SC

Benami Transactions (Prohibition) Act, 1988
Constitution of India

Headnote :

The first defendant-appellant and the plaintiff-respondent are brothers, while the second defendant-appellant is the wife of the first appellant.The first appellant has been employed in government service since 1953, and the plaintiff-respondent has been managing all the agricultural land in the vil...

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State of U.P. Vs. Ashok Kumar Srivastava [1992] INSC 4 (14 January 1992)

Citation : 1992 Latest Caselaw 4 SC

Headnote :

Respondent A was married to M, the daughter of PW2, in Banaras on May 13, 1973. After their marriage, A, who worked as an Assistant Engineer, was transferred to Lucknow, where he rented a two-room apartment on the first floor. The ground floor was occupied by the landlord\'s sons, PWs 1 and 4. It wa...

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Manohar Joshi Vs. Bhaurao Ragoji Patil Throughlegal Representatives [1992] INSC 5 (14 January 1992)

Citation : 1992 Latest Caselaw 5 SC

Representation of the People Act, 1951

Headnote :

One `B\' submitted an Election Petition contesting the election of the appellant as M.L.A. Following `B\'s death, the Election Petition was rendered void, and this was published in accordance with Section 112 (2) of the [Representation of the People Act, 1951](https://www.latestlaws.com/bare-acts/ce...

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Indian Tube Co. (P) Ltd Vs. Commissioner of Income-Tax, Calcutta [1992] INSC 6 (14 January 1992)

Citation : 1992 Latest Caselaw 6 SC

Headnote :

This appeal stems from proceedings aimed at determining the capital of the appellant company for Sur-tax purposes. The relevant previous year for the assessment year concerning the paid-up capital, reserves, debentures, etc., as per Rule 1 of the Second Schedule to the Sur-tax Act, is the calendar y...

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Saharanpur Electric Supply Co. Ltd. Vs. Commissioner of Income-Tax etc [1992] INSC 7 (15 January 1992)

Citation : 1992 Latest Caselaw 7 SC

Income Tax Act, 1961

Headnote :

According to the Indian Income-tax Act of 1922, when calculating business income, an assessee was entitled to a depreciation allowance based on a percentage of either the actual cost incurred by the assessee or the written down value of the relevant asset that was owned and used for business purpose...

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Continental Construction Ltd. Vs. Commissioner of Income-Tax, Central [1992] INSC 8 (15 January 1992)

Citation : 1992 Latest Caselaw 8 SC

Income Tax Act, 1961

Headnote :

Section 80-O of the Income Tax Act, 1961 allows for a deduction when calculating total income for any royalty, commission, fees, or similar payments received by the taxpayer from a foreign government or enterprise for the use of any patent, invention, model, design, secret formula, process, or simil...

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Sk. Ar. K. Ar. Somasundram Chettiar and Co., Madurai Vs. Commissioner of Income Tax, Madras [1992] INSC 9 (15 January 1992)

Citation : 1992 Latest Caselaw 9 SC

Income Tax Act, 1961

Headnote :

The appellant-assessee was a registered firm engaged in the business of cloth and yarn, primarily dealing with Gada produced by specific mills.During the assessment for the years 1960-61 and 1961-62, the Income Tax Officer determined that the losses of Rs. 2,04,746 and Rs. 17,000 incurred by the ass...

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M/S. Pine Chemicals Ltd. & Ors Vs. The Assessing Authority & Ors [1992] INSC 10 (16 January 1992)

Citation : 1992 Latest Caselaw 10 SC

Central Sales Tax Act, 1956
Constitution of Jammu and Kashmir

Headnote :

The appellant, a public limited company, was engaged in the production of Rosin, Turpentine, and Rosin Derivatives, operating in Bari Brahmana and Jammu Tawi.On January 20, 1981, the Assessing Authority evaluated the appellant company under the Central Sales Tax Act for the fiscal year ending June 3...

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Kanoria Chemicals and Industries Ltd. & ANR Vs. State of U.P. & Ors [1992] INSC 11 (16 January 1992)

Citation : 1992 Latest Caselaw 11 SC

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

Headnote :

The appellant company established a caustic soda manufacturing facility in Renukoot, primarily relying on electricity as its main raw material. On September 30, 1963, it signed a 25-year contract with the State of Uttar Pradesh for electricity supply starting April 1, 1964, amounting to 6.5 NW from...

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Deputy Commissioner of Sales Tax Vs. Aysha Hosiery Factory (P) Ltd. [1992] INSC 12 (16 January 1992)

Citation : 1992 Latest Caselaw 12 SC

Central Sales Tax Act, 1956
Kerala General Sales Tax Act, 1963

Headnote :

The Kerala Additional Sales Tax Act of 1978 aimed to introduce an extra sales tax of 10% on top of the existing tax rate established by the Kerala General Sales Tax Act of 1963, applicable to all taxable sales and purchases within the State.The assessees contested the imposition of this additional s...

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Kulkarni Patterns Pvt. Ltd. & Ors Vs. Vasant Baburao Ashterkar & Ors [1992] INSC 13 (17 January 1992)

Citation : 1992 Latest Caselaw 13 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The landlords, who are the respondents, initiated a lawsuit for possession of the premises against the appellants, citing default in rent payment among other reasons. The 7th Additional Small Causes Judge dismissed the case, stating that the notice dated August 7, 1980, which was meant to terminate...

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M.L.Kamra Vs. Chairman-Cum-Managing Director.New India Assurance Co. Ltd. [1992] INSC 14 (17 January 1992)

Citation : 1992 Latest Caselaw 14 SC

Constitution of India

Headnote :

While the appellant served as the Divisional Manager in Delhi, the general insurance sector was nationalized, and its management was assumed by the Central Government under the General Insurance (Emergency Provisions) Ordinance, 1971, which was later replaced by Act 57 of 1972. This act transferred...

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B.N. Shankarappa Vs. Uthanur Srinivas & Ors [1992] INSC 15 (21 January 1992)

Citation : 1992 Latest Caselaw 15 SC

General Clauses Act, 1897

Headnote :

On January 16, 1986, the Deputy Commissioner issued a notification establishing a Mandal under section 4 (1) of the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, with its headquarters located in Mudiyannur. Subsequently, exercising authority un...

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Union of India Vs. Sampat Raj Dugar & ANR [1992] INSC 16 (21 January 1992)

Citation : 1992 Latest Caselaw 16 SC

Customs Act, 1962

Headnote :

The second respondent, engaged in business in India, secured an advance import license to import raw silk, with the stipulation that the imported raw silk would be used for manufacturing and exporting garments. Later, the second respondent received three shipments but failed to comply with the condi...

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Pradumansinh Kalubha Vs. State of Gujarat [1992] INSC 17 (21 January 1992)

Citation : 1992 Latest Caselaw 17 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder

Headnote :

The prosecution claimed that for the past six months, the Harijans and the Garasia-Durbars in Thangadh, within the respondent-State, had not maintained a good relationship. It was alleged that the appellant\'s brother, who managed a Cinema Talkies, assaulted a Harijan teacher, leading to a boycott o...

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Mahindra Engineering and Chemical Products Ltd. Vs. Union of India & Ors [1992] INSC 18 (21 January 1992)

Citation : 1992 Latest Caselaw 18 SC

Headnote :

The appellant was producing tubular-shaped arc chamber housings using glass fabrics.The Assistant Collector imposed a duty under tariff Item No. 22F(4) of the Central Excise and Tariff Act, determining that the goods fell under this tariff item due to the predominant weight of the mineral fibre yarn...

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N.M. Parthasarathy Vs. State by S.P.E [1992] INSC 19 (21 January 1992)

Citation : 1992 Latest Caselaw 19 SC

Criminal Procedure Code, 1973
CrPC Section 360. Order to release on probation of good conduct or after admonition
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 420. Cheating and dishonestly inducing delivery of property

Headnote :

The appellant, referred to as the first accused, who was a former Inspector of Industries, along with another Inspector of Industries, the second accused, faced prosecution under section 120-B in conjunction with section 420 of the Indian Penal Code, as well as sections 5(1)(b) and 5(2) of the Preve...

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Mrs. Harpreet Kaurharvinder Singh Bedi Vs. State of Maharashtra & ANR [1992] INSC 20 (21 January 1992)

Citation : 1992 Latest Caselaw 20 SC

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

Headnote :

In an effort to curb the transportation of illegal liquor, the police were monitoring the area when they signaled a speeding car, driven by the detenu, who is the husband of the appellant/petitioner, to stop. Instead of complying, the detenu accelerated towards the police officers, forcing them to l...

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Ramesh Chandra Vs. Iiird Additional District Judge & Ors [1992] INSC 21 (22 January 1992)

Citation : 1992 Latest Caselaw 21 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882

Headnote :

The appellant-landlord filed a lawsuit in 1977 seeking to evict the respondent-tenant from the premises in question, following a notice under Section 106 of the Transfer of Property Act, 1882 that terminated the tenancy.The landlord argued that since the house was built in 1968, the U.P. Urban Build...

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Bhagel Singh Vs. Swaran Singh & Ors [1992] INSC 22 (22 January 1992)

Citation : 1992 Latest Caselaw 22 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 325. Punishment for voluntarily causing grievous hurt
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A disagreement regarding the digging of a drain through the appellant-complainant\'s fields resulted in a confrontation between the complainant\'s group and respondents 1 to 4 (all brothers, designated as accused 1 to 4 in the trial court). According to the prosecution, respondent 4 sustained minor...

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Dr. Snehelata Patnaik & Ors Vs. State of Orissa & Ors [1992] INSC 23 (22 January 1992)

Citation : 1992 Latest Caselaw 23 SC

Constitution of India

Headnote :

This Court issued an order on 5.12.1991 dismissing the writ petition and the SLPs.Recognizing the issue of qualified doctors being scarce in rural areas, this Court proposed that preference could be granted to in-service candidates who have completed five years of service in rural settings.

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Chandra Mohan Tiwari & ANR Vs. State of Madhya Pradesh [1992] INSC 24 (22 January 1992)

Citation : 1992 Latest Caselaw 24 SC

CrPC Section 321. Withdrawal from prosecution
CrPC Section 379. Appeal against conviction by High Court in certain cases
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 376. Punishment for rape

Gopal Singh Vs. State of U.P. & Ors [1988] INSC 107 (15 April 1988)

Headnote :

The appellants were accused of kidnapping, wrongfully confining, and raping S, the daughter of PWs 5 and 6. They faced prosecution for offenses under sections 363, 366, and 376 of the Indian Penal Code. During her examination before the Magistrate, S testified that due to threats from the appellants...

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State of Andhra Pradesh & ANR Vs. K.S. Muralidhar & Ors [1992] INSC 25 (22 January 1992)

Citation : 1992 Latest Caselaw 25 SC

Constitution of India

Headnote :

The A.P. Engineering Subordinate Service Rules were revised in 1972 through a government order, which stipulated that supervisors who obtained a B.E./A.M.I.E. degree while in service could count 50% of their prior service as supervisors towards their experience, with a maximum limit of four years. T...

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Sarojini Tea Co. (P) Ltd Vs. Collector of Dibrugarh, Assam & ANR [1992] INSC 26 (24 January 1992)

Citation : 1992 Latest Caselaw 26 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Limitation Act, 1963

Headnote :

The appellant, a tea company, had its land classified as excess under the Assam Fixation of Ceiling on Land Holdings Act, 1956, as amended by Assam Act VIII of 1971. Consequently, the company was granted compensation amounting to 50 times the annual land revenue of the excess land, as stipulated in...

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Banaras Hindu University, Varanasi & ANR Vs. Dr. Indra Pratap Singh [1992] INSC 27 (24 January 1992)

Citation : 1992 Latest Caselaw 27 SC

Headnote :

To incentivize teachers, prevent stagnation, and enhance their efficiency, the University Grants Commission developed the \"Merit Promotion Scheme.\" Under this scheme, a lecturer selected for promotion is designated as a Reader and is eligible for a higher pay scale. One of the prerequisites for a...

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Vasudha Srivastava & Ors Vs. Smt. Kamla Chauhan & ANR [1992] INSC 28 (24 January 1992)

Citation : 1992 Latest Caselaw 28 SC

Headnote :

The first appellant and her sister inherited the suit property following their father\'s death. Respondent No. 2 was the tenant of the premises. The first appellant, who managed the property on her own behalf and on behalf of her sister, who lived elsewhere, filed a lawsuit to evict Respondent No. 2...

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Sh. Bileshwar Khand Udyog Khedutsahakari Mandali Ltd Vs. State of Gujarat & ANR [1992] INSC 29 (28 January 1992)

Citation : 1992 Latest Caselaw 29 SC

Headnote :

Rule 2 of the Bombay Prohibition (Manufacture of Spirit) (Gujarat) Rules, 1963, established by the State Government under the authority of Section 58A of the Bombay Prohibition Act, pertains to the issuance of licenses for operating distilleries for spirit production.A stipulation for obtaining a li...

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Bhushan Uttam Khare Vs. Dean, B.J. Medical College & Ors [1992] INSC 30 (28 January 1992)

Citation : 1992 Latest Caselaw 30 SC

Headnote :

Following the announcement of his M.B.B.S. Examination results on December 12, 1990, the petitioner, along with 166 other students, requested a revaluation of their answer sheets in accordance with University of Poona Ordinance 134A. After the revaluation results were released, some students appeale...

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Harish Kumar Vs. State (Delhi Admn.) [1992] INSC 31 (29 January 1992)

Citation : 1992 Latest Caselaw 31 SC

CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 11. Person
IPC Section 300. Murder
IPC Section 302. Punishment for murder

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Karnataka State Private College Vs. State of Karnataka & Ors [1992] INSC 32 (29 January 1992)

Citation : 1992 Latest Caselaw 32 SC

Headnote :

The Education and Youth Services Department of the State of Karnataka issued an order on October 3, 1981, outlining two distinct methods for selecting teachers in private aided degree colleges: one through a Selection Committee and the other by Management. According to this order, appointments lasti...

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Peerless General Finance and Investmentco. Ltd. & ANR Vs. Reserve Bank of India [1992] INSC 33 (30 January 1992)

Citation : 1992 Latest Caselaw 33 SC

Constitution of India
Reserve Bank of India Act, 1934

R.K. Garg Vs. Union of India & Ors [1981] INSC 182 (20 October 1981)

Headnote :

In its ruling on the case of Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd., [1987] 1 SCC 424, the Court noted that the Reserve Bank of India (RBI) had the legal authority to implement measures to regulate the savings schemes operated by Residuary Non-Banking Companies (RN...

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Smt. A.N.Kapoor Vs. Smt. Pushpa Talwar [1992] INSC 34 (31 January 1992)

Citation : 1992 Latest Caselaw 34 SC

Delhi Rent Control Act, 1958
Delhi Rent Control Act, 1958

Headnote :

The respondent is the daughter of the original landlord who rented the property to the appellant on October 1, 1961. She acquired the property from her father on June 27, 1964, thereby assuming his role as the \'landlord\' as defined in section 2 (e) of the Delhi Rent Control Act, 1958.The responden...

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Bhagwan Swaroop Vs. State of Madhya Pradesh [1992] INSC 35 (31 January 1992)

Citation : 1992 Latest Caselaw 35 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 451. House-trespass in order to commit offence punishable with imprisonment

Headnote :

The deceased lived in a house owned by the father of the accused, along with his father and brother.There was a conflict between the accused and the complainant regarding a piece of land that the accused claimed the complainant was unlawfully occupying.On May 11, 1969, around 2:45 p.m., the father o...

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