Caselaw | Supreme Court Judgements of 1993

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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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Hindustan Paper Corpn. Ltd. Vs. State of Kerala & Ors [1993] INSC 160 (26 March 1993)

Citation : 1993 Latest Caselaw 157 SC

Central Sales Tax Act, 1956
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The State of Kerala issued Notification RSO 415 of 1971 under Section 10 of the Kerala General Sales Tax Act, which provided a tax exemption on the turnover from the sales of newsprint for a duration of two years starting from the commencement of production at the newsprint plant. In 1974, the appel...

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Nagarmal Baijnath Vs. Commissioner of Income Tax [1993] INSC 161 (26 March 1993)

Citation : 1993 Latest Caselaw 158 SC

Headnote :

The appellant, a partnership firm that conducted business during the accounting years relevant to the assessment years 1946-47 and 1947-48, was dissolved through a deed of dissolution dated December 2, 1946, and subsequently ceased operations. Notices were issued in the name of the partnership firm,...

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Bihar State Madarsa Education Board Vs. Anjuman Ahle-Hadces [1993] INSC 162 (30 March 1993)

Citation : 1993 Latest Caselaw 159 SC

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Brijpal Singh And Other Vs. State of U.P. & Ors [1993] INSC 163 (30 March 1993)

Citation : 1993 Latest Caselaw 160 SC

CrPC Section 379. Appeal against conviction by High Court in certain cases
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

The Court\'s Judgment was presented by K. JAYACHANDRA REDDY, J. - This is a standard appeal filed under Section 379 of the CrPC in conjunction with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.There are six appellants involved in this case. They, along wi...

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Gandhi Grah Nirman Sahkari Samiti Ltd. Vs. State of Rajasthan & Ors [1993] INSC 164 (30 March 1993)

Citation : 1993 Latest Caselaw 161 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Rajasthan Urban Improvement Act, 1959

Headnote :

Sub-sections (1) and (2) of Section 72 of the Rajasthan Urban Improvement Act, 1959 (the Act) establish the limitations on urban area improvements, while Section 2(i)(vi) provides a definition for the term \'improvement\'. No individual or government entity is permitted to carry out any \'improvemen...

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Universal Radiators, Coimbatore Vs. Commissioner of Income Tax, Tamil Nadu [1993] INSC 165 (30 March 1993)

Citation : 1993 Latest Caselaw 162 SC

Income Tax Act, 1961

Headnote :

The appellant, a manufacturer of automobile radiators, ordered copper ingots from a corporation in the United States to be shipped to Bombay, where they would be processed into strips and sheets for manufacturing purposes.While the ingots were in transit, hostilities erupted between India and Pakist...

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Collector of Central Excise Vs. Neoli Sugar Factory [1993] INSC 166 (30 March 1993)

Citation : 1993 Latest Caselaw 163 SC

Central Excises and Salt Act, 1944

Headnote :

In a Notification dated September 28, 1972, a rebate was introduced to encourage sugar factories (respondents) to increase production and start operations earlier in the sugar year, which runs from October 1 to September 30 of the following year.The Notification\'s scheme included the following prov...

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S.Vasudeva Vs. State of Karnataka & Ors [1993] INSC 167 (30 March 1993)

Citation : 1993 Latest Caselaw 164 SC

Constitution of India
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The second respondent, a partnership firm, was engaged in the manufacturing and selling of polished granites.The firm operated its factory on a small portion of its owned land, while the remainder of the land remained vacant when the Urban Land (Ceiling & Regulation) Act, 1976 was enforced in that a...

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K. Krishna Iyer Vs. State of Kerala & ANR [1993] INSC 168 (30 March 1993)

Citation : 1993 Latest Caselaw 165 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant was engaged in selling ice-sticks when a food inspector collected samples and sent one to the Public Analyst. The analyst reported that the sample contained artificial sweeteners, specifically saccharin and dulcin, deeming it adulterated. Consequently, a complaint was lodged with the J...

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Agricultural Produce Market Committee Vs. Prabhat Zarda Factory [1993] INSC 169 (31 March 1993)

Citation : 1993 Latest Caselaw 166 SC

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Lakhjit Singh Vs. State of Punjab [1993] INSC 170 (31 March 1993)

Citation : 1993 Latest Caselaw 167 SC

CrPC Section 313. Power to examine the accused
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 306. Abetment of suicide

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Narayan Singh Vs. State of M.P [1993] INSC 171 (31 March 1993)

Citation : 1993 Latest Caselaw 168 SC

CrPC Section 379. Appeal against conviction by High Court in certain cases
Indian Penal Code, 1860 (IPC)
IPC Section 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered
IPC Section 412. Dishonestly receiving property stolen in the commission of a dacoity
IPC Section 449. House-trespass in order to commit offence punishable with death

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K.K.M. Nair & Ors Vs. Union of India & Ors [1993] INSC 172 (31 March 1993)

Citation : 1993 Latest Caselaw 169 SC

Headnote :

The Director-General of Ordnance Factories (D.G.) issued a Circular on November 6, 1962, stating that Diploma holders appointed as Supervisor Grade \'B\' (technical) or in equivalent positions should be promoted to Supervisor Grade \'A\' (Tech.) after one year of satisfactory service. Additionally,...

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Smt. Parkash Kaur Vs. Smt. Sandhooran & ANR [1993] INSC 173 (31 March 1993)

Citation : 1993 Latest Caselaw 170 SC

Headnote :

The Subordinate Judge in Amritsar ordered the sale of a property/house that the appellant had mortgaged to respondent No.1, Smt. Sandhooran, for Rs. 5,000. The property was auctioned and purchased by respondent No.2. The appellant subsequently filed a court application claiming that she had not rece...

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T.M. Balakrishna Mudaliar Vs. M. Satyanarayana Rao & Ors [1993] INSC 174 (31 March 1993)

Citation : 1993 Latest Caselaw 171 SC

Specific Relief Act, 1963

Headnote :

On April 17, 1962, \'A\' and his mother \'B\' sold their agricultural lands, measuring 3 acres and 25 acres respectively, by executing two sale deeds in favor of Respondent No. 1 and his father for Rs. 10,000 and Rs. 75,000 respectively. On the same day, the buyers, after taking back Rs. 500, execut...

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State of West Bengal Vs. Singell Tea And Agricultural Industries Limited & Ors [1993] INSC 175 (31 March 1993)

Citation : 1993 Latest Caselaw 172 SC

Code of Civil Procedure, 1908 (CPC)
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882
West Bengal Estates Acquisition Act, 1953

Headnote :

The appellant-State issued a notification under Section 4 of the West Bengal Estates Acquisition Act, 1953, which included the land of the respondent-company\'s tea garden.The Revenue Officer sent notices to the respondent-company to begin proceedings for rent assessment. The Company objected, argui...

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Commissioner of Income Tax, Ludhianaetc. Vs. Amritsar Transport Company Private Limited & ANR [1993] INSC 176 (31 March 1993)

Citation : 1993 Latest Caselaw 173 SC

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

Headnote :

The issue at hand in these appeals was whether the funds collected for charitable purposes and held in a separate account for Dharmadha could be classified as part of the business income of the assessee. The Income-tax Officer did not accept the explanation that these funds were distributed to the i...

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Tekchand Vs. Competent Authority [1993] INSC 177 (31 March 1993)

Citation : 1993 Latest Caselaw 174 SC

Customs Act, 1962
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
Super Profits Tax Act, 1963

Headnote :

In 1975, the appellant, a watch dealer, along with his sons, who are also appellants, voluntarily disclosed certain income in accordance with the Voluntary Disclosure of Income and Wealth Act. Following this disclosure, proceedings were initiated under the Act and were concluded by the Department.In...

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Orissa State Electricity Board Vs. Orissa Tiles Limited [1993] INSC 178 (31 March 1993)

Citation : 1993 Latest Caselaw 175 SC

Headnote :

The respondent-industry entered into a contract with the appellant-Board for electricity supply on March 5, 1965. This agreement was valid for five years, expiring on March 5, 1970, and required the consumer to pay certain minimum charges regardless of usage. However, on April 30, 1968, the electric...

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Mani Ram Vs. State of Rajasthan [1993] INSC 179 (31 March 1993)

Citation : 1993 Latest Caselaw 176 SC

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

Headnote :

The prosecution argued that approximately 20 to 22 days before the incident, the appellant and his brother removed the fencing from the deceased\'s field, leading to a dispute and animosity between the deceased and the appellant and his brother.On the day of the incident, the deceased was in his fie...

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Dr. Kashinath G. Jalmi & ANR Vs. Speaker & Ors [1993] INSC 180 (31 March 1993)

Citation : 1993 Latest Caselaw 177 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Industrial Disputes (Central) Rules, 1957
Industrial Disputes Act, 1947
Representation of the People Act, 1951

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

Headnote :

R.S., R.M., and S.B. were elected as Members of the Goa Legislative Assembly during the elections in November 1989. Following this, R.S. took office as Chief Minister and established his Council of Ministers, which included R.M. and S.B. as Ministers. Subsequently, the appellant in C.A. 1094/92, a M...

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Morvi Municipality Vs. State of Gujarat & Ors [1993] INSC 181 (31 March 1993)

Citation : 1993 Latest Caselaw 178 SC

Gujarat Municipalities Act, 1963

Headnote :

A group of taxpayers from the appellant-Municipality submitted a writ petition to the High Court, contesting the legitimacy of the rules established for imposing a consolidated property tax on land and buildings, as well as the assessment lists created and verified by the Municipality for the fiscal...

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Kaulashwari Devi Vs. Nawal Kishore [1993] INSC 182 (2 April 1993)

Citation : 1993 Latest Caselaw 179 SC

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

Headnote :

Permission granted. No representatives are present for the respondents. The counsel for the appellant has been heard.

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Kedia Leather and Liquor Vs. Union of India [1993] INSC 183 (2 April 1993)

Citation : 1993 Latest Caselaw 180 SC

Headnote :

Counsel for the Union of India is unable to confirm whether the Cabinet has made a decision on this issue, despite nearly two years having passed. This Court had, in its order dated April 10, 1991, instructed the Union of India to promptly assess the feasibility of granting statutory authority to th...

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Empire Stores Vs. Ito [1993] INSC 184 (2 April 1993)

Citation : 1993 Latest Caselaw 181 SC

Headnote :

The petitioner\'s counsel argues that the amendment to the law does not apply retroactively, thus preventing the authority from invoking the extended limitation period established by the new law.

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Jyotendrasinhji Vs. S.I. Tripathi & Ors [1993] INSC 185 (2 April 1993)

Citation : 1993 Latest Caselaw 182 SC

Income Tax Act, 1961
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant\'s father executed three trust deeds in the United States on January 1, 1964. All the terms of these deeds were the same, aiming to ensure the education, maintenance, and support of the settlor\'s family members and their descendants. Additionally, he created two similar settlements in...

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State of West Bengal & Ors Vs. Aghore Nath Dey & Ors [1993] INSC 186 (2 April 1993)

Citation : 1993 Latest Caselaw 183 SC

Constitution of India

Headnote :

On August 20, 1959, the Governor of West Bengal issued Notification No. 94, establishing Rules under the proviso to Article 309 of the Constitution of India to regulate the recruitment process for Engineering Services within the Department of Works and Buildings of the State Government.According to...

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Dr Jayanta Kumar Dash Vs. State of Orissa [1993] INSC 187 (5 April 1993)

Citation : 1993 Latest Caselaw 184 SC

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Maharshi Avadhesh Vs. Union of India [1993] INSC 188 (6 April 1993)

Citation : 1993 Latest Caselaw 185 SC

Constitution of India

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Salem Cooperative Central Bank Limited Vs. Commissioner of Income Tax, Madras [1993] INSC 189 (6 April 1993)

Citation : 1993 Latest Caselaw 186 SC

Headnote :

The appellant, a cooperative society involved in banking, had its previous financial year relevant to the assessment year 1963-64 ending on June 30, 1962.The business income of the appellant was exempt under Section 80(1) as it was at that time. During the accounting year in question, the appellant...

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C.I.T., Madras Vs. Brakes India Ltd. [1993] INSC 190 (6 April 1993)

Citation : 1993 Latest Caselaw 187 SC

Headnote :

In the accounting period for the assessment year 1965-66, the Respondent-assessee compensated its foreign technical director with a total remuneration of Rs.66,000, which included Rs.28,576 in the form of perquisites.The Income-tax Officer permitted only Rs.13,200 as perquisites and disallowed the r...

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Prakash Cotton Mills Pvt. Ltd. Vs. Commissioner of Income Tax (Central) Bombay [1993] INSC 191 (6 April 1993)

Citation : 1993 Latest Caselaw 188 SC

Headnote :

The appellant made a payment of Rs. 19,635 during the accounting year for Assessment Year 1966-67, which was related to interest under the Bombay Sales Tax Act, 1951, due to a delay in sales tax payment, as well as for damages resulting from a late contribution under the Employees State Insurance Ac...

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Rao Narain Singh Vs. Union of India [1993] INSC 192 (6 April 1993)

Citation : 1993 Latest Caselaw 189 SC

Defence of India Act, 1962
Requisitioning and Acquisition of Immovable Property Act, 1952

Union of India Vs. Kamlabhai Harjiwandas Parekh & Ors [1967] INSC 202 (7 September 1967)

Headnote :

The Union of India, as the respondent, requisitioned certain properties belonging to the land owner-appellant, which included a building and 1,38,117.20 square yards of adjacent land, acquiring them in May 1967 under the Defence of India Act 1962. Once the Defence of India Act was no longer in effec...

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State of Punjab Vs. Mohri Ram [1993] INSC 193 (7 April 1993)

Citation : 1993 Latest Caselaw 190 SC

Indian Penal Code, 1860 (IPC)
IPC Section 459. Grievous hurt caused whilst committing lurking house trespass or house-breaking

Headnote :

All four appeals stem from the same ruling by the Punjab and Haryana High Court. The first two appeals have been filed by the State, while the other two are from the complainant in the case. On the night of July 18/19, 1982, around midnight, a heinous crime occurred, resulting in the deaths of Lalch...

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Bhagwan Singh Vs. State of U.P [1993] INSC 194 (7 April 1993)

Citation : 1993 Latest Caselaw 191 SC

U.P. Avas Evam Vikas Parishad Adhiniyam, 1965

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Mineral and Metal Trading Corporation Vs. R. C. Mishra & Ors [1993] INSC 195 (7 April 1993)

Citation : 1993 Latest Caselaw 192 SC

Headnote :

The Second Respondent, Ferro Alloys Corporation, a manufacturer and exporter of ferro-manganese and chrome concentrates, entered into several agreements with foreign buyers for the sale of these commodities. The exports were facilitated through the appellant to align with the private barter system e...

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Kapildeo Singh & Ors Vs. State of Bihar [1993] INSC 196 (7 April 1993)

Citation : 1993 Latest Caselaw 193 SC

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 302. Punishment for murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means
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 :

The appellants faced charges under Sections 302/149, 148, 324, and 326 of the IPC for the murder of one IS and for inflicting serious injuries on one R. The Trial Court found them not guilty. However, upon the State\'s appeal, the High Court overturned the acquittal. Dissatisfied with the High Court...

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Delhi Development Authority Vs. H.C. Khurana [1993] INSC 197 (7 April 1993)

Citation : 1993 Latest Caselaw 194 SC

Headnote :

The respondent, who worked as an Executive Engineer for the DDA-appellant, received a preliminary memo on November 6, 1985, alleging irregularities in his construction work, which were under investigation. A charge sheet was prepared on July 11, 1990, based on these allegations, and was sent for del...

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Inacio Martins Deceased Through Lrs. Vs. Narayan Hari Naik & Ors [1993] INSC 198 (7 April 1993)

Citation : 1993 Latest Caselaw 195 SC

Code of Civil Procedure, 1908 (CPC)
Goa, Daman and Diu Agricultural Tenancy Act, 1964

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J.S. Jadhav Vs. Mustafa Haji Mohamed Yusuf & Ors [1993] INSC 199 (7 April 1993)

Citation : 1993 Latest Caselaw 196 SC

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Rajaram Vs. State of M.P [1993] INSC 200 (8 April 1993)

Citation : 1993 Latest Caselaw 197 SC

Arms Act, 1959
CrPC Section 313. Power to examine the accused

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Malwa Bus Service Pvt. Ltd. Vs. Mohinder Kaur [1993] INSC 201 (8 April 1993)

Citation : 1993 Latest Caselaw 198 SC

Headnote :

This is a request for reconsideration of the judgment and order issued by the Punjab & Haryana High Court in Civil Revision No. 1965 of 1984.

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State of Punjab Vs. Gurdarshan Singh Grewal [1993] INSC 202 (8 April 1993)

Citation : 1993 Latest Caselaw 199 SC

Headnote :

The respondent, Mr. Gurdarshan Singh Grewal, who holds a B.A. and L.L.B. and is a practicing advocate at the Punjab & Haryana High Court, was appointed as part-time Administrator General and Official Trustee-cum-Treasurer of Charitable Endowments by the Governor\'s order on March 26, 1968. His compe...

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Asian Chemical Works Vs. Union of India [1993] INSC 203 (8 April 1993)

Citation : 1993 Latest Caselaw 200 SC

Income Tax Act, 1961

Headnote :

The issue for the High Court to consider was whether Food Flavours, Concentrates, and Essences qualify as \"food products\" and \"food preparations\" as defined in Exemption Notification No. 55/75-CE dated March 1, 1975, issued under Rule 8(1) of the Central Excise Rules, 1944.

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