Caselaw | Supreme Court Judgements of may 1993

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State of West Bengal & Ors Vs. Suburban Agriculture Dairy & Fisheries Pvt. Ltd. & ANR [1993] INSC 255 (3 May 1993)

Citation : 1993 Latest Caselaw 251 SC

West Bengal Land Reforms Act, 1955

Headnote :

The Respondent Company submitted a writ application to the High Court seeking to prevent the appellants from enforcing the vesting of the disputed lands and from taking possession of the tank fisheries located there.The Single Judge ordered action under section 10(2) of the West Bengal Estate Acquis...

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Balwinder Singh Vs. State of Punjab [1993] INSC 256 (3 May 1993)

Citation : 1993 Latest Caselaw 252 SC

CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
Indian Penal Code, 1860 (IPC)
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

Permission granted.

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Shiv Kumar Chadha Vs. Municipal Corporation of Delhi & Ors [1993] INSC 257 (4 May 1993)

Citation : 1993 Latest Caselaw 253 SC

Code of Civil Procedure, 1908 (CPC)
Delhi Municipal Corporation Act, 1957

Kamala Mills Ltd. Vs. State of Bombay [1965] INSC 120 (23 April 1965)

Headnote :

A writ application was submitted to the High Court concerning a private dispute between two neighbors. Based on the evidence presented, the case was classified as Public Interest Litigation, with the High Court tasked to find a resolution regarding unauthorized constructions allegedly made by variou...

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Srikanta Datta Narasimharaja Wodiyar Vs. Enforcement Officer, Mysore [1993] INSC 258 (4 May 1993)

Citation : 1993 Latest Caselaw 254 SC

Employees Provident Fund and Miscellaneous Provisions Act, 1952
Factories Act, 1948

Municipal Corporation of Delhi Vs. Ram Kishan Rohtagi & Ors [1982] INSC 90 (1 December 1982)

Headnote :

The appellant served as one of the Directors of a company incorporated under the Companies Act, which was also registered under the Factories Act with the purpose of manufacturing motorcycles and their accessories. The company was managed by a Managing Director, a Joint Managing Director, and severa...

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Forest Range Officer & Ors Vs. P.Mohammed Ali & Ors [1993] INSC 259 (4 May 1993)

Citation : 1993 Latest Caselaw 255 SC

CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
Karnataka Forest Act, 1963
Kerala Forest Act, 1961

Headnote :

The Kerala Forest Act of 1961 governs the conservation of forests and forest products. According to Section 2(f)(i), forest produce is defined to include wood oil.The respondents in Criminal Appeals Nos. 420-422 of 1993 were found to be manufacturing or in possession of sandalwood oil.As a result, p...

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Central Coalfields Vs. H.M.P [1993] INSC 260 (5 May 1993)

Citation : 1993 Latest Caselaw 256 SC

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Ombir Singh Vs. Union of India [1993] INSC 261 (5 May 1993)

Citation : 1993 Latest Caselaw 257 SC

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Chief Election Commissioner Vs. Sat Pal [1993] INSC 262 (5 May 1993)

Citation : 1993 Latest Caselaw 258 SC

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Chittaranjan Crochet (P) Ltd. Vs. Lakshmoni Dass [1993] INSC 263 (5 May 1993)

Citation : 1993 Latest Caselaw 259 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Leave of absence approved.

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Panni Lal Vs. Rajinder Singh & ANR [1993] INSC 264 (5 May 1993)

Citation : 1993 Latest Caselaw 260 SC

Hindu Minority and Guardianship Act, 1956

Jijabai Vithalrao Gajre Vs. Pathankhan & Ors [1970] INSC 172 (1 September 1970)

Headnote :

The mother of the minor respondents, serving as their guardian, sold their land to the appellant through a registered sale deed dated July 30, 1964, while the respondents were still minors. After reaching the age of majority, the respondents filed a lawsuit against the appellant to reclaim the land,...

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Ram Asrey Vs. State of Uttar Pradesh [1993] INSC 265 (5 May 1993)

Citation : 1993 Latest Caselaw 261 SC

IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant, along with Radhey Shyam and Munni Lal, was charged with the murder of Gokaran Prasad on November 24, 1975, around 5 PM. The Trial Court, after reviewing the evidence, determined that the prosecution did not establish the case beyond a reasonable doubt and subsequently acquitted all th...

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State of West Bengal Vs. Falguni Dutta & ANR [1993] INSC 266 (5 May 1993)

Citation : 1993 Latest Caselaw 262 SC

CrPC Section 167. Procedure when investigation cannot be completed in twenty-four hours.
CrPC Section 265. Language of record and judgment
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

On March 16, 1984, law enforcement conducted a raid on the business premises and warehouse of the respondents, seizing certain essential goods that were stored in violation of specific orders issued under section 3 in conjunction with section 5 of the Essential Commodities Act, 1955. On that same da...

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Ajay Agarwal Vs. Union of India & Ors [1993] INSC 267 (5 May 1993)

Citation : 1993 Latest Caselaw 263 SC

CrPC Section 2. Definitions
Indian Penal Code, 1860 (IPC)
IPC Section 120A. Definition of criminal conspiracy.
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 3. Punishment of offences committed beyond, but which by law may be tried within, India
IPC Section 307. Attempt to murder
IPC Section 4. Extension of Code to extra-territorial offences
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The prosecution\'s argument was that the appellant, a non-resident Indian residing in Dubai, conspired with four others to defraud the Bank in Chandigarh. To further this conspiracy, the appellant obtained credit facilities through Foreign Letters of Credit and issued proforma invoices from his busi...

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D.K. Yadav Vs. J.M.A. Industries Ltd. [1993] INSC 268 (7 May 1993)

Citation : 1993 Latest Caselaw 264 SC

Constitution of India
Industrial Disputes Act, 1947

H.D. Singh Vs. Reserve Bank of India & Ors [1985] INSC 195 (10 September 1985)
Ambika Prasad Mishra Vs. State of U.P. & Ors [1980] INSC 126 (9 May 1980)
State of Orissa Vs. Dr. (Miss) Binapani Dei & Ors [1967] INSC 33 (7 February 1967)

Headnote :

The company that responded terminated the appellant\'s employment on the basis that he had voluntarily been absent from work for over five days starting December 3, 1980, without leave or prior notification to management. As a result, he was considered to have resigned from his position and lost his...

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State of Bihar Vs. Rameshwar Prasad Order [1993] INSC 269 (7 May 1993)

Citation : 1993 Latest Caselaw 265 SC

Headnote :

Leave of absence approved.

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Rajasthan State Road Transport Corpn. Vs. Bhagyo Mal & Ors [1993] INSC 270 (7 May 1993)

Citation : 1993 Latest Caselaw 266 SC

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Fibre Bond (Sales) Vs. Chand Rani [1993] INSC 271 (7 May 1993)

Citation : 1993 Latest Caselaw 267 SC

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Bharat Beedi Works (Private) Limited & ANR Vs. Commissioner of Income-Tax [1993] INSC 272 (7 May 1993)

Citation : 1993 Latest Caselaw 268 SC

Headnote :

A partnership firm with three partners was involved, among other activities, in the manufacturing and sale of beedies under the brand name \"Mangalore Prakash Beedies\".On May 20, 1972, a private limited company named Prakash Beedies Ltd., the appellant in this case, was established. One of its obje...

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S. S. Grewal Vs. State of Punjab & Ors [1993] INSC 273 (7 May 1993)

Citation : 1993 Latest Caselaw 269 SC

Jit Singh & Ors Vs. State of Punjab & Ors [1979] INSC 36 (13 February 1979)
Jagjit Singh Vs. State of Punjab [1978] INSC 74 (28 March 1978)

Headnote :

The recruitment process for the Punjab Superior Judicial Service was regulated by the Punjab Superior Judicial Service Rules of 1963. An amendment, Rule 8-A, was added to these rules through a notification on June 14, 1977, which stated that any instructions issued by the State Government regarding...

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S.B. Noronah (Smt) Vs. Union of India & Ors [1993] INSC 274 (10 May 1993)

Citation : 1993 Latest Caselaw 270 SC

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Venkateshwara Theatre Vs. State of Andhra Pradesh & Ors [1993] INSC 275 (10 May 1993)

Citation : 1993 Latest Caselaw 271 SC

Constitution of India

Headnote :

Before January 1, 1984, the Andhra Pradesh Entertainment Tax Act of 1989, specifically Section 4, mandated the imposition of entertainment tax at a rate determined by a percentage of the payment made for admission to any entertainment event. Section 4-C stipulated that for entertainments conducted w...

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Subhash Photographics Vs. Union of India & Ors [1993] INSC 276 (11 May 1993)

Citation : 1993 Latest Caselaw 272 SC

Customs Act, 1962
Customs Tariff Act, 1975

State of Tamil Nadu Vs. Hind Stone [1981] INSC 25 (5 February 1981)

Headnote :

The Customs Tariff Act of 1975, through its First and Second Schedules, established the rates of customs duties applicable under the Customs Act, 1962. Chapter 98, introduced in the Second Schedule, set forth a reduced duty rate for specific articles and items listed therein. According to Chapter 65...

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Gulzara Singh & Ors, Vs. State of Punjab & Ors [1993] INSC 277 (11 May 1993)

Citation : 1993 Latest Caselaw 273 SC

Headnote :

Notification under Section 4 regarding the acquisition of 89 acres, 4 kanals, and 12 marlas of land in a village in Punjab was published on January 27, 1978. The appellants sought compensation of Rs. 30,000 per bigha, equivalent to Rs. 1500 per biswa, arguing that 15 biswas of land adjacent to the a...

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State of West Bengal Vs. Gaurangalal Chatterjee [1993] INSC 278 (11 May 1993)

Citation : 1993 Latest Caselaw 274 SC

Headnote :

Despite multiple letters from the respondent to the Chief Engineer of the Public Works Department, the State failed to appoint an Arbitrator as stipulated in Clause 25 of the agreement.Shri D.K. Roy Choudhry was designated as the sole Arbitrator by the learned Single Judge, thereby revoking the Chie...

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State of Maharashtra Vs. Husen [1993] INSC 279 (12 May 1993)

Citation : 1993 Latest Caselaw 275 SC

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B.N. Kavatakar Vs. State of Karnataka [1993] INSC 280 (12 May 1993)

Citation : 1993 Latest Caselaw 276 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

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Kabir Chawla Vs. State of U.P [1993] INSC 281 (12 May 1993)

Citation : 1993 Latest Caselaw 277 SC

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State of Karnataka Vs. Bheemappa [1993] INSC 282 (13 May 1993)

Citation : 1993 Latest Caselaw 278 SC

Constitution of India
CrPC Section 107. Security for keeping the peace in other cases
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 313. Causing miscarriage without woman’s consent
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means

Headnote :

The Court\'s Judgment was presented by DR ANAND, J. - The Chief Judicial Magistrate of Raichur ordered the commitment of Bhimappa (A-1), Karibasappa (A-2), Gobbi Hanumantha (A-3), Talwar Lingappa (A-4), Basangouda (A-5), Jamappa (A-6), Gulappa (A-7), Lachmappa (A-8), Mallikarjun (A-9), Shekharappa (...

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Union of India Vs. B. Jayaraman [1993] INSC 283 (13 May 1993)

Citation : 1993 Latest Caselaw 279 SC

Headnote :

The Court\'s Judgment was presented by YOGESHWAR DAYAL, J. - These six appeals have been lodged against the ruling of the Central Administrative Tribunal, Madras Bench, dated August 22, 1989, which addressed Original Application Nos. 145 to 150 of 1987. These applications were sequentially submitted...

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Ratan Chandra Sammanta & Ors Vs. Union of India & Ors [1993] INSC 284 (13 May 1993)

Citation : 1993 Latest Caselaw 280 SC

Constitution of India

Headnote :

The petitioners asserted that they were casual laborers for the South Eastern Railway, having been appointed between 1964 and 1969 and subsequently retrenched between 1975 and 1978.They requested (1) that their names be added to the active casual register and that they be reemployed based on their s...

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All India Imam Organisation & Ors Vs. Union of India & Ors [1993] INSC 285 (13 May 1993)

Citation : 1993 Latest Caselaw 281 SC

Constitution of India

Headnote :

Imams submitted a petition to this court seeking to uphold their fundamental rights against exploitation by Wakf Boards.Their argument highlighted the significant imbalance between the nature of their work and the compensation they received. The petitioners requested that the Central and State Wakf...

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Prithvichand Ramchand Sablok Vs. S.Y.Shinde [1993] INSC 286 (13 May 1993)

Citation : 1993 Latest Caselaw 282 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Code of Civil Procedure, 1908 (CPC)
Section 114. TPA, Relief against forfeiture for non-payment of rent.

Headnote :

The landlord-appellant initiated an eviction lawsuit to regain possession of the leased property primarily due to unpaid rent, as outlined in Section 12(3) of the Bombay Rent Act, 1947.The dispute was resolved through a settlement between the parties. According to the terms of the agreement, the ten...

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Surendra Pal Singh Vs. The Board of Revenue For Rajasthan & Ors [1993] INSC 287 (13 May 1993)

Citation : 1993 Latest Caselaw 283 SC

Headnote :

Proceedings were initiated under Chapter III-B of the Rajasthan Tenancy Act of 1955 to determine the ceiling area for Raghubir Singh, the appellant\'s father. In the first round of litigation, a revision application was filed, and the Board of Revenue ruled that the ceiling area for Raghubir Singh s...

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Saru Smelting (P) Ltd. Vs. Commissioner of Sales Tax, Lucknow [1993] INSC 288 (13 May 1993)

Citation : 1993 Latest Caselaw 284 SC

Headnote :

In Notification No. ST-11-333/X-1012-1971 dated November 15, 1971, entry 2(a) specifies that copper, tin, nickel, zinc, or any alloy containing these metals are subject to a reduced sales tax rate. The Judge (Revisions) of Sales Tax in U.P., Lucknow determined that phosphorous bronze is included und...

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Union of India Vs. R.Jayaraman & Ors [1993] INSC 289 (13 May 1993)

Citation : 1993 Latest Caselaw 285 SC

Headnote :

The petitioners at the Central Administrative Tribunal were employed as Superintendents Grade II in the Government of Pondicherry\'s Secretariat before respondents Nos. 2 to 13, who were previously Secretariat Assistants, were promoted to Superintendents Grade II. Respondents Nos. 2 to 13 were subse...

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Goutam Kundu Vs. State of West Bengal & ANR [1993] INSC 290 (14 May 1993)

Citation : 1993 Latest Caselaw 286 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Respondent no. 2 was married to the appellant and moved in with her parents to prepare for her Higher Secondary Examination. During this time, she became pregnant. The appellant and his family urged her to have an abortion, but she refused, resulting in the birth of a child.In a petition filed under...

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Dr. Nandjee Singh Vs. P.G. Medical Students Association & Ors [1993] INSC 291 (14 May 1993)

Citation : 1993 Latest Caselaw 287 SC

Constitution of India

Headnote :

The appellant was employed as a teacher in the Biochemistry Department at Rajendra Medical College. He submitted an application to register as a student for the M.D. program, which the University forwarded to the Principal of Rajendra Medical College. The Principal raised objections to the appellant...

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N.P.V. Ramaswamy Udayar Vs. All India Subscriber Association & Ors [1993] INSC 292 (14 May 1993)

Citation : 1993 Latest Caselaw 288 SC

Headnote :

A subsidiary of the appellant-holding company (C.A. No. 2866 of 1993) redirected ten crores rupees received from chit subscriptions to the appellant. However, it failed to distribute the prize money to the subscribers. When some subscribers initiated winding-up proceedings against the subsidiary, th...

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Surender Kumar Garg Vs. State of Uttar Pradesh [1993] INSC 293 (14 May 1993)

Citation : 1993 Latest Caselaw 289 SC

Indian Penal Code, 1860 (IPC)
IPC Section 471. Using as genuine a forged document or electronic record

Headnote :

The appellant faced charges of defrauding the U.P. Industrial Corporation of Rs. 39,352.50 by registering a fake business and operating under its name. Three different courts unanimously confirmed the validity of the charges against him.Regarding the sentencing, it was argued that over 20% of the ti...

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Mukund Lal Bhandari & Ors Vs. Union of India & Ors [1993] INSC 294 (14 May 1993)

Citation : 1993 Latest Caselaw 290 SC

Constitution of India

Headnote :

The petitioners, who were freedom fighters, took part in the Arya Samaj Movement during the late 1930s in the former Nizam State of Hyderabad.The Freedom Fighters Pension Scheme of 1972 was established to provide pensions to freedom fighters who had endured at least six months of imprisonment and wh...

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Prabhudayal & Ors Vs. State of Maharashtra [1993] INSC 295 (14 May 1993)

Citation : 1993 Latest Caselaw 291 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)

Headnote :

Sangita married accused 2 on April 28, 1984. On the night of September 14-15, 1984, she was found burning, suffering from 100% burns, and the presence of kerosene was detected at the scene during the panchnama. There had been ongoing issues related to dowry, and she had reported mistreatment and phy...

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R.K. Jain Vs. Union of India & Ors [1993] INSC 297 (14 May 1993)

Citation : 1993 Latest Caselaw 292 SC

Constitution of India
Indian Evidence Act, 1872

Raghunathrao Ganpatrao Vs. Union of India [1993] INSC 62 (4 February 1993)
Kumar Padma Prasad Vs. Union of India & Ors [1992] INSC 72 (10 March 1992)
State of U.P. Vs. Raj Narain & Ors [1975] INSC 16 (24 January 1975)

Headnote :

On December 26, 1991, the petitioner, Editor of the Excise Law Times, sent a letter to the Chief Justice of India expressing concerns that since the retirement of the President of the Customs, Excise and Gold Control Appellate Tribunal (CEGAT) in 1985, no new appointment had been made, which negativ...

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Medical Council of India Vs. Silas Nelson & Ors [1993] INSC 298 (14 May 1993)

Citation : 1993 Latest Caselaw 293 SC

Indian Medical Council Act, 1956
Jabalpur

Headnote :

In 1989, respondent 1 and his sister sought to migrate from Mumbili Medical College, part of the University of Dar-es-Salam\'s Faculty of Medicine, to a recognized medical college in India. However, the Medical Council of India rejected their application. Subsequently, a writ petition was filed in t...

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Huchappa Yellappa Radder & ANR Vs. Ningappa Bheemappa Talawar [1993] INSC 299 (14 May 1993)

Citation : 1993 Latest Caselaw 294 SC

Bombay Hereditary Offices Act, 1874
Transfer of Property Act, 1882

Headnote :

Basappa Bheemappa K, as the Watandar of the contested agricultural lands measuring 4 acres and 6 acres 26 gunths in Kubihal Village, Kundgol Taluk, Dhwarwad District, which became part of Karnataka State in 1956, leased these disputed lands to appellant 1 and the father of appellant 2 for their pers...

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V.K. Sood Vs. Secretary, Civil Aviation & Ors [1993] INSC 300 (14 May 1993)

Citation : 1993 Latest Caselaw 295 SC

The General Manager, Southern Railway Vs. Rangachari [1961] INSC 198 (28 April 1961)

Headnote :

The appellant applied for the position of Examiner of Personnel in the Department of Civil Aviation but was not successful. He contested the qualifications listed in the job advertisement, claiming they were discriminatory and specifically designed to exclude him. He argued that he would have met th...

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Union of India & ANR Vs. Brij Fertilizers Pvt. Ltd. & Ors [1993] INSC 301 (14 May 1993)

Citation : 1993 Latest Caselaw 296 SC

Headnote :

The respondents were small-scale fertilizer manufacturers eligible for subsidy payments upon meeting specific standards in the production of single super phosphate (SSP). The Government of Madhya Pradesh engaged PDIL, a consultancy and research organization, to analyze the rock phosphate from the Hi...

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S. Sarkar & Ors Vs. R.D. Kriston [1993] INSC 302 (14 May 1993)

Citation : 1993 Latest Caselaw 297 SC

Headnote :

The issue at hand was whether the choice to exercise an option by directly recruited Assistant Station Masters was voluntary or mandatory. The court\'s order dated 30 April 1990, among other things, safeguarded the interests of the applicants by stating that the 204/206 employees who had opted prior...

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