Caselaw | Supreme Court Judgements of 1992

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P.V. Mohammad Barmay Sons Vs. Director of Enforcement [1992] INSC 201 (20 August 1992)

Citation : 1992 Latest Caselaw 201 SC

Constitution of India
Customs Act, 1962

Headnote :

The appellant firm owned three vessels and engaged in the export of timber, coir, and other goods to Gulf countries, while importing Emuphraez Zabdi Dates on their return trips.From the amounts owed in Pounds, after deducting the cost of the dates, the appellant installed a second-hand 230 H.P. Gard...

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Pioneer Rubber Plantation Nilambur, Kerala State Vs. State of Kerala & ANR [1992] INSC 202 (24 August 1992)

Citation : 1992 Latest Caselaw 202 SC

Headnote :

The appellants in the case were owners of tea, rubber, and cardamom estates in Kerala. Many employees working on these estates were provided with housing, and it was crucial for the estates to supply them with adequate firewood for cooking and heating, especially given the high altitudes of many est...

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Kehar Singh Vs. Malkiat Singh [1992] INSC 203 (4 September 1992)

Citation : 1992 Latest Caselaw 203 SC

Headnote :

This is an appeal regarding the grant of a special leave petition by the transferees of the disputed land from Kehar Singh, who is claimed to be the owner, as a will was executed in his favor by Bachna Singh, the acknowledged owner of the property. All three courts, including the High Court, have ru...

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Mullagiri Vajram & Ors Vs. State of Andhra Pradesh [1992] INSC 204 (15 October 1992)

Citation : 1992 Latest Caselaw 204 SC

CrPC Section 164. Recording of confessions and statements

Headnote :

Twelve individuals, including the appellants, were charged with the murder of a village Sarpanch. The Sessions Judge convicted all the accused based on the complete testimonies of P.Ws. 1, 2, and 7, and partially on that of P.W. 3, for offenses under Section 302 in conjunction with Section 149 of th...

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Balwant Singh & Ors Vs. Gurbachan Singh & Ors [1992] INSC 205 (15 October 1992)

Citation : 1992 Latest Caselaw 205 SC

Code of Civil Procedure, 1908 (CPC)
Limitation Act, 1963

Merla Ramanna Vs. Nallaparaju & Ors [1955] INSC 62 (4 November 1955)

Headnote :

In the enforcement of a pre-emption decree obtained by the respondent, he was granted both actual and symbolic possession of the lands. However, the decree only entitled the respondent to actual possession, making the delivery of symbolic possession outside the decree\'s terms.Upon discovering this...

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M.B. Joshi & Ors Vs. Satish Kumar Pandey & Ors [1992] INSC 206 (15 October 1992)

Citation : 1992 Latest Caselaw 206 SC

Headnote :

The appellants and the private respondents served as Sub-Engineers in the Public Health Engineering Department of the Government.To be eligible for promotion to the position of Assistant Engineer, a Sub-Engineer needed a minimum of 12 years of service if they held a diploma, or 8 years if they had o...

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Sarojini & Ors Vs. State of M.P. & Ors [1992] INSC 207 (16 October 1992)

Citation : 1992 Latest Caselaw 207 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant-accused and her son faced charges under Section 302 in conjunction with Section 34 of the Indian Penal Code (IPC) or, alternatively, under Section 306 along with Section 34 IPC for the death of the accused\'s daughter-in-law/wife, or for abetting her suicide. The prosecution argued tha...

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Tvl, Ramco Cement Distribution Co. Pvt.Ltd., Tamil Nadu Vs. State of Tamil Nadu [1992] INSC 208 (20 October 1992)

Citation : 1992 Latest Caselaw 208 SC

Headnote :

The appellants in the first group of appeals acted as selling agents for the appellants in the second group. For the assessment year 1996-70, they were assessed for sales tax on a taxable turnover of Rs. 2,37,66,245, which included Rs. 29,71,527 for freight charges. The assessee sought to exclude th...

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Indian Oil Corporation Vs. Municipal Corporation, Jullundhar & Ors [1992] INSC 209 (20 October 1992)

Citation : 1992 Latest Caselaw 209 SC

Constitution of India
Punjab Municipal Corporation Act, 1976

Headnote :

The appellant, Indian Oil Corporation (IOC), operated a depot that included a pipeline terminal and an LPG bottling plant within the jurisdiction of the Municipal Corporation of Jullundhar. The IOC utilized underground pipelines to transport various petroleum products to this depot.The Municipal Cor...

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Paras Ram Vs. State of Haryana [1992] INSC 210 (20 October 1992)

Citation : 1992 Latest Caselaw 210 SC

Arms Act, 1959

Headnote :

On April 7, 1988, the police arrested the appellant on G.T. Road based on suspicion, discovering that he was in possession of a 12 bore country-made pistol without a license or permit.The District Magistrate granted permission to prosecute the appellant for an offense under Section 25 of the Arms Ac...

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Union of India Vs. Dr. P. Rajaram & Ors [1992] INSC 211 (20 October 1992)

Citation : 1992 Latest Caselaw 211 SC

Headnote :

A total of 35 positions in the super time grade of Central Health Services were approved, and proposals were submitted to the Union Public Service Commission (UPSC) to convene meetings of the Departmental Promotion Committee (DPC) for candidate selection. The UPSC agreed to modify Rule 4(6) of the C...

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Shamkant Narayan Despande Vs. Maharashtra Industrial Development Corporation & ANR [1992] INSC 212 (21 October 1992)

Citation : 1992 Latest Caselaw 212 SC

Headnote :

The petitioner, who holds a diploma in Engineering, served as an Executive Engineer in the respondent-Corporation. He was eligible for promotion to the position of Superintending Engineer; however, a Resolution enacted in 1988 allocated 75% of Superintending Engineer positions to Executive Engineers...

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Shirish Govind Prabhudesai Vs. State of Maharashtra & Ors [1992] INSC 213 (21 October 1992)

Citation : 1992 Latest Caselaw 213 SC

Constitution of India
Indian Medical Council Act, 1956

Headnote :

The current writ petitions, special leave petitions, and civil appeals concern the right of a student enrolled in a medical college that is not recognized by the Medical Council of India to seek migration or transfer to a medical college that is recognized by the Medical Council of India after succe...

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Hotel Balaji & Ors Vs. State of Andhra Pradesh & Ors [1992] INSC 214 (22 October 1992)

Citation : 1992 Latest Caselaw 214 SC

Andhra Pradesh General Sales Tax Act, 1957
Central Sales Tax Act, 1956
Constitution of India
Gujarat Sales Tax Act, 1969

Headnote :

The constitutional validity of Section 15B of the Gujarat Sales Tax Act, Section 3-AAAA of the Uttar Pradesh Sales Tax Act, and Section 6A of the Andhra Pradesh General Sales Tax Act has been contested in the current Appeals, Writ Petitions, Special Leave Petitions (SLPs), and Transferred cases.Sect...

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Escorts Limited & ANR Vs. Union of India & Ors [1992] INSC 215 (22 October 1992)

Citation : 1992 Latest Caselaw 215 SC

Constitution of India
Income Tax Act, 1961

Headnote :

Section 32(1)(ii) of the Income Tax Act, 1961 allows for depreciation when calculating business income for income tax purposes. This depreciation is calculated as a percentage of the written down value of specific capital assets used in the business. Section 35(1) allows for the deduction of four ty...

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Jugal Kishore Prabhatilal Sharma & Ors Vs. Vijayendra Prabhatilal Sharma & ANR [1992] INSC 216 (22 October 1992)

Citation : 1992 Latest Caselaw 216 SC

Interest Act, 1978

Payyavula Vengamma Vs. Payyavula Kesanna & Ors [1952] INSC 51 (29 October 1952)

Headnote :

A family business operated by a father and his four sons faced a dispute over the division of the business. The father, P.P., along with his sons J.P. and V.P., managed two factories located in Maneja and Pratapnagar. The conflict arose between two factions: P.P. and J.P. on one side, and B.P. and G...

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Indian Bank Vs. K. Nataraja Pillai & ANR [1992] INSC 217 (22 October 1992)

Citation : 1992 Latest Caselaw 217 SC

Negotiable Instruments Act, 1881
Section 62. Effect of novation, rescission, and alteration of contract

Headnote :

The appellant Bank initiated a lawsuit to recover a sum of Rs. 1,21,006.98 owed under an equitable mortgage and promissory note from the first defendant, along with his wife and son, who are the second and third defendants, respectively.According to the Bank, the defendants executed a promissory not...

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R.N. Gosain A Vs. Yashpal Dhir [1992] INSC 218 (23 October 1992)

Citation : 1992 Latest Caselaw 218 SC

East Punjab Urban Rent Restriction Act, 1949

Headnote :

A residential property was rented out to the petitioner by the respondent. The respondent was originally employed as an Accounts Officer in the Finance Department of the Government. In 1969, he was assigned to a position at Haryana Agricultural University. He retired from his role as Comptroller at...

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Governing Council of Kidwai Memorial Institute of Oncology Vs. Dr Pandurang Godwalkar & ANR [1992] INSC 219 (23 October 1992)

Citation : 1992 Latest Caselaw 219 SC

Headnote :

The respondent was appointed as a Lecturer at the appellant-Institute and was placed on a one-year probation.During this probationary period, his employment was terminated.The respondent contested this decision in the High Court through a Writ Petition, arguing that the termination was effectively a...

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Kishan Singh Vs. State of Uttar Pradesh [1992] INSC 220 (2 November 1992)

Citation : 1992 Latest Caselaw 220 SC

CrPC Section 374. Appeals from convictions
CrPC Section 382. Petition of appeal
CrPC Section 384. Summary dismissal of appeal

Headnote :

The appellant was found guilty under Section 5(2) of the Prevention of Corruption Act and received a sentence of two years of rigorous imprisonment along with a fine of Rs. 200. He subsequently filed an appeal under Section 374 of the Criminal Procedure Code in the Allahabad High Court, which was di...

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State of Madhya Pradesh Vs. Ajay Singh & Ors [1992] INSC 221 (2 November 1992)

Citation : 1992 Latest Caselaw 221 SC

Code of Civil Procedure, 1908 (CPC)
Commissions of Inquiry Act, 1952
Commissions of Inquiry Act, 1952
General Clauses Act, 1897

Headnote :

General Clauses Act, 1897:Section 21 - Authority to add, amend, vary, or rescind any notification - Whether this can be used to reconstitute the Commission of Inquiry by replacing the current members, despite not being specified in the Act\'s framework.Following the directive from the State High Cou...

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Shantilal Kashibhai Patel Vs. State of Gujarat [1992] INSC 222 (2 November 1992)

Citation : 1992 Latest Caselaw 222 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The prosecution\'s argument was that the complainant operated a shop selling Kimam. On January 7, 1984, the Chief Inspector from the Health Department (accused No. 1) along with accused No. 2 (the appellant), accused No. 3, and accused No. 4, who were all Food Inspectors, visited the complainant\'s...

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Krishna Bhimrao Deshpande Vs. Land Tribunal, Dharwad & Ors [1992] INSC 223 (3 November 1992)

Citation : 1992 Latest Caselaw 223 SC

Constitution of India
Karnataka Land Reforms Act, 1961

Headnote :

In 1972, the Karnataka Legislature adopted a resolution under Article 252 of the Constitution, establishing a ceiling on urban immovable property. The acquisition of property exceeding this ceiling for public purposes, along with related matters, would be governed by laws enacted by Parliament in th...

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Union Territory of Chandigarh Vs. Dilbagh Singh & Ors [1992] INSC 224 (3 November 1992)

Citation : 1992 Latest Caselaw 224 SC

Headnote :

To fill the 32 conductor vacancies in its Transport Undertaking, the appellant requested the Employment Exchange to provide names of eligible candidates and formed a Selection Board to create a Select List. The Selection Board interviewed 446 candidates referred by the Employment Exchange and compil...

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State of Madhya Pradesh Vs. Hari Datt Sharma [1992] INSC 225 (4 November 1992)

Citation : 1992 Latest Caselaw 225 SC

Headnote :

The individual involved in the appeal was appointed as a Superintendent at a Deaf Mute and Blind School in 1965 after being selected by the State Public Service Commission. He subsequently received promotions, becoming Deputy Director and later, in 1989, Joint Director in the Social Welfare Departme...

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State of Bihar & Ors Vs. Kamlesh Jain [1992] INSC 226 (5 November 1992)

Citation : 1992 Latest Caselaw 226 SC

Headnote :

A significant number of doctors working in the State Health Services of the appellant-State were departing from India for advanced studies after securing a couple of years of leave. However, they were neither returning to India nor submitting any further requests for leave extensions, which was lead...

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State Bank of India & ANR Vs. V. Parthasarathy [1992] INSC 227 (9 November 1992)

Citation : 1992 Latest Caselaw 227 SC

Headnote :

The appellant-Bank issued Circular No. 42, which outlined an agreement with the Staff Union regarding the promotion policy for clerks to the position of Head Clerks.According to clause 1(d) of the Circular, employees who refuse to accept a Head Clerk position at a branch office outside their current...

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Indian Administrative Service (S.C.S.) Association, U.P. An Vs. Union of India & Ors [1992] INSC 228 (11 November 1992)

Citation : 1992 Latest Caselaw 228 SC

All India Services Act, 1951
Constitution of India

Headnote :

On January 19, 1984, the Association (petitioner No. 1 in W.P. (C) No. 499 of 1991) urged the Union Government (Respondent) to address the disparities in promotional opportunities from State Civil Services to the All India Administrative Service across various states.A committee of senior secretarie...

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M. Sankaranarayanan Ias. Vs. State of Karnataka & Ors [1992] INSC 229 (11 November 1992)

Citation : 1992 Latest Caselaw 229 SC

Headnote :

The appellant joined the Indian Administrative Service (KARNATAKA Cadre) in 1957 and was serving as the Additional Chief Secretary to the Government of KARNATAKA on May 5, 1990, when he was appointed Chief Secretary to the KARNATAKA Government by a Notification on the same date, effective until furt...

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Dr. S.M. Ilyas & Ors Vs. Indian Council of Agricultural Research & Ors [1992] INSC 230 (13 November 1992)

Citation : 1992 Latest Caselaw 230 SC

Headnote :

The Imperial Council of Agricultural Research, established in 1929 under the Societies Registration Act, was renamed the Indian Council of Agricultural Research following India\'s independence. Until 1965, ICAR primarily served as a coordinating agency and the main body for funding research projects...

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Ramjas Foundation & Ors Vs. U.O.I. & Ors [1992] INSC 231 (13 November 1992)

Citation : 1992 Latest Caselaw 231 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A notification was issued under Section 4 of the Land Acquisition Act, 1894 concerning certain lands, including those owned by the appellant-foundation at two different locations.The appellant-Foundation submitted objections to this notification. Following this, notifications under Sections 6 and no...

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Variavan Saraswathi & ANR Vs. Eachampi Thevi & Ors [1992] INSC 232 (13 November 1992)

Citation : 1992 Latest Caselaw 232 SC

Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Section 67. TPA, Right to fore-closure or sale.
Section 92. TPA, Subrogation.

Headnote :

Two junior members of a Tarwad (similar to a joint family) redeemed a mortgage that was executed in 1870 by the Karnavan (akin to a manager) of the Tarwad. They settled the amount in 1886, secured the release of the property, took possession, and they or their descendants have maintained possession...

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C.I.T. Vs. Dhadi Sahu [1992] INSC 233 (18 November 1992)

Citation : 1992 Latest Caselaw 233 SC

Bengal General Clauses Act, 1899
General Clauses Act, 1897
Income Tax Act, 1961

Headnote :

The Court\'s Judgment was delivered by YOGESHWAR DAYAL, J. - These are two appeals following the special leave granted by this Court through an order dated August 4, 1977, concerning the judgment and order dated December 5, 1975, of the Orissa High Court in C.J.C. Nos. 176 and 177 of 1974. This was...

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Rajangam, Secretary, District Beedi Workers' Union & Ors Vs. State of Tamil Nadu & Ors [1992] INSC 234 (19 November 1992)

Citation : 1992 Latest Caselaw 234 SC

Beedi Workers Welfare Cess Act, 1976
Beedi Workers Welfare Fund Act, 1976
Constitution of India

Headnote :

These petitions address issues related to child labor, the widespread use of contract labor, and the failure to enforce the Beedi and Cigar Workers (Conditions of Employment) Act of 1966. The Court reviewed the petitions and appointed a Trust, known as the Society for Community Organisation Trust, t...

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Achan Rizvi (Ii) Vs. State of U. P [1992] INSC 235 (25 November 1992)

Citation : 1992 Latest Caselaw 235 SC

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Achan Rizvi (Iii) Vs. State of U. P [1992] INSC 236 (28 November 1992)

Citation : 1992 Latest Caselaw 236 SC

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Achhan Rizvi (V) Vs. State of U.P [1992] INSC 237 (30 November 1992)

Citation : 1992 Latest Caselaw 237 SC

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Laxmi Kunwar Vs. State of Rajasthan [1992] INSC 238 (11 December 1992)

Citation : 1992 Latest Caselaw 238 SC

Constitution of India

Headnote :

Tej Dan, the deceased spouse of the petitioner, served as a patwari in the State of Rajasthan and retired on June 30, 1980. Following his retirement, he wed the petitioner, Laxmi Kunwar, on March 8, 1987.

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