Caselaw | Supreme Court Judgements of march 1993

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Laxman Marotrao Navakhare Vs. Keshavrao S/O Eknathsa Tapar [1993] INSC 109 (2 March 1993)

Citation : 1993 Latest Caselaw 107 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Punjab Pre-emption (Repeal) Act, 1973
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Headnote :

The appellant was renting the suit plot as a monthly tenant for an automobile garage. On July 10, 1975, the respondent-plaintiff issued a notice terminating the lease in favor of the appellant, effective July 31, 1975, and subsequently filed for eviction.The trial court dismissed the eviction suit,...

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Heera Prasad Vs. State Bank of India & Ors [1993] INSC 110 (2 March 1993)

Citation : 1993 Latest Caselaw 108 SC

Headnote :

The respondent bank charged the appellant employee with misconduct for approving loans to numerous individuals without adequate documentation, failing to verify their creditworthiness, and accepting illegal payments in relation to these transactions.An investigation was conducted, during which the E...

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U.P. Financial Corporation Vs. Gem Cap (India) Pvt. Ltd. & Ors [1993] INSC 111 (2 March 1993)

Citation : 1993 Latest Caselaw 109 SC

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

Headnote :

The respondent company secured a loan from the appellant, the Financial Corporation. Shortly after receiving the loan, the company stopped operations and was declared a sick unit.As a result, it failed to make any loan repayments as required by the agreement and the hypothecation deeds.Subsequently,...

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Om Prakash & Ors Vs. Smt. Sunhari Devi & Ors [1993] INSC 112 (2 March 1993)

Citation : 1993 Latest Caselaw 110 SC

Constitution of India

Headnote :

The landlords, who are the appellants, submitted an eviction petition against the tenants, who are the respondents, claiming that they needed the shop premises for their own use. The prescribed authority rejected the petition, determining that the landlords\' need was not genuine and that the tenant...

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Harendra Nath Mandal Vs. State of Bihar [1993] INSC 113 (2 March 1993)

Citation : 1993 Latest Caselaw 111 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 299. Culpable homicide
IPC Section 300. Murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 379. Punishment for theft
IPC Section1. Title and extent of operation of the Code

Headnote :

The prosecution claimed that when PW 9 and his brother discovered the appellant and two others harvesting paddy from their field, they went to confront them about the unauthorized harvesting. During this confrontation, one individual restrained PW 9\'s brother, while the appellant struck him on the...

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K. Anjaiah Vs. K. Chandraiah & Ors [1993] INSC 114 (3 March 1993)

Citation : 1993 Latest Caselaw 112 SC

Headnote :

These appeals challenge the order issued by the Andhra Pradesh Administrative Tribunal in Hyderabad on September 14, 1994, concerning OA Nos. 6742 of 1993 and 2465 of 1993. In the contested order, the Tribunal annulled Regulation 9(2) of the Andhra Pradesh College Service Commission (terms and condi...

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K. Rajan Vs. State of T.N [1993] INSC 115 (3 March 1993)

Citation : 1993 Latest Caselaw 113 SC

Headnote :

The Court\'s Judgment was presented by G.N. RAY, J. - Permission has been granted.

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Commissioner of Income Tax, Calcutta Vs. Braithwaite And Co. Ltd. [1993] INSC 116 (3 March 1993)

Citation : 1993 Latest Caselaw 114 SC

Companies (Profits) Surtax Act, 1964

Headnote :

The respondent company secured a Term Loan of Rs. 50,00,000, which is to be repaid over a period of seven years. The company incorporated a proportionate amount of this Term Loan into its capital base and claimed the statutory 10% deduction when calculating its chargeable profits for the assessment...

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Chhathu Ram & Ors Vs. Commissioner of Income Tax, Bihar, Patna & Ors [1993] INSC 117 (3 March 1993)

Citation : 1993 Latest Caselaw 115 SC

Income Tax Act, 1961
Limitation Act, 1963

Headnote :

The appellants, who were assessed as individuals under Section 23(3) of the Indian Income Tax Act, 1922, for the assessment year 1942-43, had their incomes assessed, which included cash credits in their personal accounts within a company\'s books. Based on these incomes, an assessment order was issu...

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State of Haryana & Ors Vs. Karnal Co-Op. Farmers's Society Limited [1993] INSC 118 (4 March 1993)

Citation : 1993 Latest Caselaw 116 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Village Common Lands (Regulation) Act, 1953
Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961
Representation of the People Act, 1951

Headnote :

The Punjab Village Common Lands (Regulation) Act, 1961, which was applicable in Haryana, aimed to regulate rights concerning village common lands, commonly referred to as \'Shamilat deh\'. Section 13 of the Act prohibited civil courts from having jurisdiction over any issues related to the Act\'s im...

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Nandyal Co-Op. Spinning Mills Ltd. Vs. K.V. Mohan Rao [1993] INSC 119 (5 March 1993)

Citation : 1993 Latest Caselaw 117 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent entered into a building contract with the appellant-mill. According to Clause 65.1 of the contract, \"except where otherwise specified in the contract, all disputes or questions related to... shall be referred to the sole arbitration of a person appointed by the Administrative Head of...

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Excise Commissioner, Karnataka & ANR Vs. V. Sreekanta [1993] INSC 120 (5 March 1993)

Citation : 1993 Latest Caselaw 118 SC

Constitution of India

Headnote :

The Respondent, along with several others, was appointed as Inspectors of Excise (junior) on a temporary basis on January 17, 1968. The services of these \"local candidates,\" who were direct recruits appointed outside the General Rules or Special Rules, were regularized starting from October 26, 19...

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Moti Ram Vs. Param Dev & ANR [1993] INSC 121 (5 March 1993)

Citation : 1993 Latest Caselaw 119 SC

Constitution of India
Representation of the People Act, 1951

Union of India Vs. Shri Gopal Chandra Misra & Ors [1978] INSC 32 (15 February 1978)

Headnote :

In February 1990, elections were held for the Himachal Pradesh Legislative Assembly from the 60 Chachiot Assembly Constituency, where fifteen candidates, including the appellant and Karam Singh, submitted their nomination papers. During the scrutiny process, an objection was raised against Karam Sin...

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Surinder Pal Jain Vs. Delhi Administration [1993] INSC 122 (5 March 1993)

Citation : 1993 Latest Caselaw 120 SC

Indian Penal Code, 1860 (IPC)
IPC Section 203. Giving false information respecting an offence committed
IPC Section 302. Punishment for murder
IPC Section 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Headnote :

The appellant and his wife went to sleep in the back verandah of their home on the night of July 25/26, 1976, while the appellant\'s brother, along with his wife and children, slept separately in their bedroom within the same house. At 4:55 A.M., a neighbor named Sulekh Chand Jain informed the Polic...

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Jawahar Lal Wali Vs. State of Jammu And Kashmir & Ors [1993] INSC 123 (5 March 1993)

Citation : 1993 Latest Caselaw 121 SC

Headnote :

The Director of the Animal Husbandry Department in Jammu and Kashmir sought ice-making plants with a capacity of 70 kg, complete with motors, for its Central Artificial Breeding Stations. On March 9, 1968, a notification was issued to invite quotations. M/s. Ashoka Brothers responded and, having sub...

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Smt. Atia Mohammadi Begum Vs. State of U.P. & Ors [1993] INSC 124 (15 March 1993)

Citation : 1993 Latest Caselaw 122 SC

Headnote :

The Urban Land (Ceiling and Regulation) Act, 1976, was enacted in the respondent-State on February 17, 1976. The appellant sought to exclude her vacant land from the definition of \'urban land\' on the basis that it was primarily utilized for agricultural purposes, as outlined in Section 2(o) of the...

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State of U.P. & ANR Vs. Synthetics And Chemicals Ltd. & ANR [1993] INSC 125 (15 March 1993)

Citation : 1993 Latest Caselaw 123 SC

Headnote :

The High Court reaffirmed the principles established in the case of Synthetics and Chemicals Ltd. and Ors. v. State of U.P. and Ors., [1990] 1 S.C.C. 109, stating that the Central Government holds the sole authority to issue licenses for the production of industrial alcohol. Consequently, it was unn...

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Raisaheb Vs. State of Harayana [1993] INSC 126 (16 March 1993)

Citation : 1993 Latest Caselaw 124 SC

Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 404. Dishonest misappropriation of property possessed by deceased person at the time of his death

Headnote :

The Court\'s Judgment was presented by K. JAYACHANDRA REDDY, J. - This appeal is brought under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (referred to as the \'TADA Act\'). There are five appellants involved. All were tried for offenses under Sections 302/149/148 an...

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State of Gujarat Vs. A.C. Shah & Ors [1993] INSC 127 (16 March 1993)

Citation : 1993 Latest Caselaw 125 SC

Headnote :

The appellant-State, through a resolution dated July 10, 1972, divided the services within the Electrical Engineering Branch of the Public Works Department into three distinct categories, effective from May 1, 1972:(1) Junior Engineers,(2) Supervisors, and(3) Overseers.At that time, there was only o...

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Bhoja @ Bhoja Ram Gupta Vs. Rameshwar Agarwala & Ors [1993] INSC 128 (16 March 1993)

Citation : 1993 Latest Caselaw 126 SC

Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

Sarwan Kumar Onkar Nath Vs. Subhas Kumar Agarwalla [1987] INSC 279 (9 October 1987)

Headnote :

The defendant-appellant was a tenant of the plaintiff-landlord, paying a monthly rent of Rs. 70. The appellant failed to pay rent for the residential-cum-shop premises from October 1975 to June 1976.After the appellant did not vacate the premises despite receiving a notice under Section 106 of the T...

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Parveen Jindal & Ors Vs. State of Haryana & Ors [1993] INSC 129 (16 March 1993)

Citation : 1993 Latest Caselaw 127 SC

Headnote :

The Public Works Department of the Government of Haryana is divided into three branches: Irrigation, Roads, and Buildings. The Engineering Service within the Irrigation Branch includes both Class-I and Class-II services. Class-I service comprises Assistant Executive Engineers, Executive Engineers, a...

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Mullapudi Venkata Krishna Rao Vs. Vedulasuryanarayana [1993] INSC 130 (16 March 1993)

Citation : 1993 Latest Caselaw 128 SC

Representation of the People Act, 1951

Headnote :

The appellant\'s election to the Legislative Assembly was contested by the Respondent through an election petition filed in the High Court. The election petitioner argued that the respondent had utilized a religious symbol to enhance his electoral chances, which constituted a corrupt practice under...

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Gaunter Edwin Kircher Vs. State of Goa, Secretariat, Panaji, Goa [1993] INSC 131 (16 March 1993)

Citation : 1993 Latest Caselaw 129 SC

Narcotic Drugs and Psychotropic Substances Act, 1985

Headnote :

The appellant, a foreign national, was found guilty by the trial court under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was sentenced to ten years of rigorous imprisonment and fined one lakh rupees, with an additional six months of rigorous imprisonment in case...

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State of Maharashtra Vs. Dr. Budhikota Subharao [1993] INSC 132 (16 March 1993)

Citation : 1993 Latest Caselaw 130 SC

Atomic Energy Act, 1962
CrPC Section 197. Prosecution of Judges and public servants

Headnote :

The individual in question, a former Naval Officer and Computer Science graduate, faced accusations of leaking Atomic Energy Secrets and was charged with violating the Atomic Energy Act of 1962 and the Official Secrets Act of 1923. He was ultimately discharged due to the State\'s failure to secure t...

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Bihar Supply Syndicate Vs. Asiatic Navigation & Ors [1993] INSC 133 (17 March 1993)

Citation : 1993 Latest Caselaw 131 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956

Pannalal Vs. State of Bombay & Ors [1963] INSC 26 (11 February 1963)

Headnote :

The plaintiff purchased both crushed and uncrushed salt from Defendant No. 3, making payment under a charter party agreement. Defendant No. 2 chartered a vessel to Defendant No. 3 for loading the salt at Kandla Port in Gujarat and transporting it to Calcutta Port. The plaintiff directly paid Defenda...

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Narendra Kumar & ANR Vs. Dharam Dutt & ANR [1993] INSC 134 (17 March 1993)

Citation : 1993 Latest Caselaw 132 SC

Constitution of India

Headnote :

The New Delhi Municipal Committee (NDMC), through a resolution dated October 19, 1973, granted higher pay scales as recommended in the Shiv Shankar Committee Report to its employees in the electricity division. Subsequently, employees in the general division of the NDMC also requested to receive the...

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G.T.N. Textiles Ltd. & ANR Vs. Assistant Directors, R.O.T. Commr.& Ors [1993] INSC 135 (17 March 1993)

Citation : 1993 Latest Caselaw 133 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

The appellant-Mills produced various types of cotton yarn, which were packaged in two formats: cone form, utilized in the power loom and hosiery sectors, and hank form, specifically for the handloom industry. For cone packaging, ring frame cops were processed through winding machines, while for hank...

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G. Annamalia Pillai Vs. District Revenue Officer & Ors [1993] INSC 136 (17 March 1993)

Citation : 1993 Latest Caselaw 134 SC

Hindu Minority and Guardianship Act, 1956
Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969

Headnote :

The father of Purshothanan, who was a minor at the time, executed a registered lease agreement for the land owned by Purshothanan for a duration of five years in favor of the appellant, G. Annamalai Pillai.The appellant submitted an application to the Tehsildar under the Tamil Nadu Agricultural Land...

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Anil Phukan Vs. State of Assam [1993] INSC 137 (17 March 1993)

Citation : 1993 Latest Caselaw 135 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The prosecution claimed that the appellant borrowed Rs. 450 from the deceased and executed two hand notes, Ex. 7 and Ex. 8, promising to repay the amount by March 21, 1976.On that date, the deceased, accompanied by his nephew PW.3, went to the appellant\'s village. As they were running late, PW.3 br...

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Food Corporation of India & Ors Vs. Jagannath Dutta & Ors [1993] INSC 138 (18 March 1993)

Citation : 1993 Latest Caselaw 136 SC

Constitution of India
Section 24. Agreements void, if consideration are objects unlawful in part

Headnote :

The Food Corporation of India (FCI) entered into an agreement on August 14, 1967, with respondent No. 1, assigning him the responsibilities of clearing, transporting, storing, and distributing food grains on behalf of the Corporation, effectively acting as a storage agency. According to Clause 37 of...

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D.S. Dalal Vs. State Bank of India & Ors [1993] INSC 139 (18 March 1993)

Citation : 1993 Latest Caselaw 137 SC

Headnote :

The Respondent-Bank filed a complaint with the Bar Council of Delhi against the appellant-Advocate, claiming that the appellant and two other Advocates from M/s. Singh and Company (a law firm) engaged in serious professional misconduct by failing to fulfill their professional duties and responsibili...

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Narpatchand A. Bhandari Vs. Shantilal Moolshankar Jani & ANR [1993] INSC 140 (18 March 1993)

Citation : 1993 Latest Caselaw 138 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Transfer of Property Act, 1882

Headnote :

The appellant-defendant was a tenant occupying a flat in a multi-storey building that housed numerous other tenants. When the building\'s owner mortgaged it with possession to the respondents-plaintiffs, the appellant and the other tenants became tenants of the respondents-plaintiffs (who were usufr...

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Chiranjilal Shrilal Goenka Vs. Jasjit Singh & Ors [1993] INSC 141 (18 March 1993)

Citation : 1993 Latest Caselaw 139 SC

Code of Civil Procedure, 1908 (CPC)
Hindu Succession Act, 1956

The Official Liquidator Vs. Parthasarathi Sinha & Ors [1982] INSC 102 (17 December 1982)
The Andhra Bank Ltd. Vs. R. Srinivasan & Ors [1961] INSC 260 (31 August 1961)

Headnote :

The appellant, Shri Chiranjilal Shri Lal Goenka, was involved in multiple legal cases, including the current appeal. He passed away on November 25, 1985, leaving behind a last Will dated October 29, 1982, in which he designated his younger daughter, Mrs. Sushila N. Rungta, as the sole executrix. Rad...

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Mohd. Aslam Alias Kuyian Vs. State of U.P [1993] INSC 142 (18 March 1993)

Citation : 1993 Latest Caselaw 140 SC

CrPC Section 117. Order to give security

Headnote :

The prosecution argued that there was a longstanding feud between the appellant\'s father and one Khan on one side, and the complainant on the other, stemming from a dispute over the placement of \'sawai\' on the Akhara of Tajias. A civil lawsuit was ongoing between the parties regarding this matter...

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Jai Shankar Prasad Vs. State of Bihar & Ors [1993] INSC 143 (19 March 1993)

Citation : 1993 Latest Caselaw 141 SC

Constitution of India
Government of India Act, 1935

Headnote :

The proviso to clause (1) of Article 316 of the Constitution stipulates that, as closely as possible, half of the members of the Public Service Commission should come from the service category. Clause (2) of the same Article allows a member of the Public Service Commission to serve a term of six yea...

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State of Orissa & Ors Vs. Sukanti Mohapatra & Ors [1993] INSC 144 (19 March 1993)

Citation : 1993 Latest Caselaw 142 SC

Administrative Tribunals Act, 1985

Headnote :

The Orissa Ministerial Service (Method and Recruitment to Posts of Lower Division Assistants in the Offices of Heads of Department) Rules, 1975 (hereafter referred to as \"the Rules\") became effective on January 1, 1976. According to Rule 3, recruitment for these positions was to be conducted throu...

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I. Manilal Singh Alias M.Manihar Singh Vs. Union of India [1993] INSC 145 (23 March 1993)

Citation : 1993 Latest Caselaw 143 SC

Headnote :

We have listened to Shri K.K. Venugopal, the esteemed senior counsel representing Dr. H. Borobabu Singh, regarding the two applications submitted. Given the mandatory terms of the previous order dated February 5, 1993, which required the Union Government to ensure Dr. Singh\'s presence in Court toda...

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Pathan Murtazakhan Dadamkhan & Ors Vs. Pathan Pirkhan Amdumiyan [1993] INSC 146 (23 March 1993)

Citation : 1993 Latest Caselaw 144 SC

Headnote :

The predecessor of the appellants was appointed as an usufructuary mortgagee for certain fields. After the redemption period ended, the respondents initiated a suit for redemption, which was granted on the condition of paying damages for improvements made. Upon appeal, the District Court upheld the...

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P.M. Bayas Vs. Union of India & Ors [1993] INSC 147 (23 March 1993)

Citation : 1993 Latest Caselaw 145 SC

Indian Administrative Service (Appointment by Promotion) Regulations, 1955

Headnote :

The substantive members of the Maharashtra Civil Service, who are the Respondents, contested the selection of the Appellants to the IAS before the Central Administrative Tribunal. They argued that their names were included on the select list for IAS promotion, but they were unable to secure appointm...

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National Federation of Blind Vs. Union Public Service Commission & Ors [1993] INSC 148 (23 March 1993)

Citation : 1993 Latest Caselaw 146 SC

Constitution of India

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V. Bhasker Rao & Ors Vs. State of A.P. & Ors [1993] INSC 149 (23 March 1993)

Citation : 1993 Latest Caselaw 147 SC

Constitution of India

Headnote :

Recruitment to the Andhra Pradesh Higher Judicial Service is regulated by \"The Andhra Pradesh State Higher Judicial Service-Special Rules\". Rule 1 establishes the service.Category 1 includes District and Sessions Judges of the 1st grade, while Category 2 comprises District and Sessions Judges of t...

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Vipin Kumar Vs. Roshan Lal Anand & Ors [1993] INSC 151 (24 March 1993)

Citation : 1993 Latest Caselaw 148 SC

East Punjab Urban Rent Restriction Act, 1949

Headnote :

Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949 states that if a tenant engages in actions that could significantly diminish the value or utility of a building or rental property, the Rent Controller is authorized to issue an eviction order against the tenant. In this case, a...

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M.Dayanand Reddy Vs. A.P. Industrial Infrastructure Corporation Ltd. & Ors [1993] INSC 152 (24 March 1993)

Citation : 1993 Latest Caselaw 149 SC

Headnote :

The appellant entered into a contract with the first respondent on December 11, 1986, for the construction of a sewer line. On June 27, 1988, he requested the Chairman to refer the dispute to arbitration in accordance with the preliminary specifications of the A.P. Standard specifications. When the...

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Devidayal Rolling Mills Vs. Prakash Chimanlal Parikh & Ors [1993] INSC 153 (24 March 1993)

Citation : 1993 Latest Caselaw 150 SC

Code of Civil Procedure, 1908 (CPC)

Arjun Singh Vs. Mohindra Kumar & Ors [1963] INSC 251 (13 December 1963)

Headnote :

The father of respondents 1 and 2 owned the disputed plot, while respondent 3 was the tenant of that property.After their father\'s passing, respondents 1 and 2 secured an eviction decree against respondent 3. During the execution of this decree, the petitioners (in S.L.P. No. 4925/77) intervened, c...

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Smt. Nilabati Behera Alias Lalit Behera Vs. State of Orissa & Ors [1993] INSC 154 (24 March 1993)

Citation : 1993 Latest Caselaw 151 SC

Constitution of India
CrPC Section 176. Inquiry by Magistrate into cause of death

Sebastian M. Hongray Vs. Union of India & Ors [1984] INSC 87 (23 April 1984)
Sebastian M. Hongray Vs. Union of India & Ors [1983] INSC 187 (24 November 1983)

Headnote :

The petitionerâ€™s son, approximately 22 years old, was taken into police custody from his home at around 8 a.m. on December 1, 1987, by respondent No. 6, an Assistant Sub-Inspector of Police, as part of a theft investigation. He was held at the police outpost, and on December 2, 1987, at about 2 p....

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Employees State Insurance Corporation Vs. M/S Overseas Metal [1993] INSC 155 (26 March 1993)

Citation : 1993 Latest Caselaw 152 SC

Bengal Public Demands Recovery Act, 1913

Headnote :

Leave of absence approved.

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Devidass Gopal Krishan Pvt. Ltd. Vs. State of Punjab [1993] INSC 156 (26 March 1993)

Citation : 1993 Latest Caselaw 153 SC

Headnote :

Permission granted.

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Radhey Shyam Khemka & ANR Vs. State of Bihar & ANR [1993] INSC 157 (26 March 1993)

Citation : 1993 Latest Caselaw 154 SC

CrPC Section 482. Saving of inherent power of High Court
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The appellant, a Public Limited Company, issued a prospectus inviting the public to subscribe to its equity and preference shares. The prospectus indicated that an application was being submitted to the Stock Exchange for the official listing of the Company\'s shares. However, the Stock Exchange rej...

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A.M. Kunhikoya @ Koya Vs. State of Kerala [1993] INSC 158 (26 March 1993)

Citation : 1993 Latest Caselaw 155 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 323. Punishment for voluntarily causing hurt

Headnote :

The appellant, along with others, faced trial for offenses under Section 302 in conjunction with Sections 148, 149, and 323 of the Indian Penal Code.The prosecution\'s case stated that on September 16, 1980, at 6:00 a.m., Mammed Kutty threw stones at the deceased\'s house. Later, around noon, while...

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Kundula Bala Subrahmanyam & ANR Vs. State of Andhra Pradesh [1993] INSC 159 (26 March 1993)

Citation : 1993 Latest Caselaw 156 SC

CrPC Section 313. Power to examine the accused
Dowry Prohibition Act, 1961
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 prosecution\'s argument was that on August 23, 1981, between 12:30 and 1:00 p.m., upon hearing the screams of the deceased, who was approximately 18 years old, P.W.2, along with her father (P.W.3) and P.W.4, rushed to the appellant\'s house. They witnessed the father of appellant No. 1 (the dece...

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