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Executive Engineer (irrigation), Balimela and ors. Vs. Abhaduta Jena a ... Overruled

Court : Supreme Court of India

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 34; Arbitration Act, 1940 - Sections 14, 15 and 30; Interest Act, 1978 - Sections 3 and 4; Interest Act, 1839 - Sections 1; Negotiable Instruments Act - Sections 80; Sale of Goods Act - Sections 61(2)

Reported in : AIR1988SC1520; JT1987(4)SC8; 1987(2)SCALE675; (1988)1SCC418; [1988]1SCR253; MANU/SC/0004/1987

O. Chinnappa Reddy, J.1. This group of appeals raises the question of award of interest by an arbitrator to whom a reference is made without the intervention of the court. Special leave to appeal was granted...

Bank of India Vs. Vijay Transport and ors.

Court : Supreme Court of India

Subject : Banking

Acts : Andhra Pradesh (Andhra Areas) Agriculturists Relief Act, 1938 - Sections 4 and 13; Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969; Constitution of India - Article 14; General Clauses Act, 1897 - Sections 3(27)

Reported in : AIR1988SC151; [1988]63CompCas428(SC); JT1987(4)SC389; 1987(2)SCALE1028; 1988Supp(1)SCC47; [1988]1SCR961; 1988(1)LC91(SC)

Murari Mohon Dutt, J.1. This appeal by special leave is at the instance of the appellant, the Bank of India, a nationalised Bank, and is directed against the judgment and decree of the Andhra Pradesh High...

State of Orissa and ors. Vs. Construction India

Court : Supreme Court of India

Subject : Arbitration

Reported in : AIR1988SC1530; 1988(2)ARBLR49(SC); JT1987(4)SC588; 1987(2)SCALE1245; 1987Supp(1)SCC708; [1988]2SCR145; 1988(1)LC363(SC)

Sabyasachi Mukharji, J.1. This is a petition for leave to appeal against the judgment and order of the High Court dismissing an appeal from the order of the learned Subordinate Judge dismissing a challenge to the...

Burmah Shell Oil Distributing Now Known as Bharat Petroleum Corporatio ...

Court : Supreme Court of India

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 106 and 116

Reported in : AIR1988SC1470; JT1988(2)SC429; 1988(1)SCALE1074; (1988)3SCC44; [1988]3SCR811; 1988(2)LC148(SC)

Sabyasachi Mukharji, J. 1. This is a petition for leave to appeal against the judgment and order dated 11th November, 1987 of the High Court of Patna. On 16th January, 1958 a lease deed was executed...

Karanpura Development Company Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar land Reforms Act, 1950 - Sections 4, 10, 10(1) and 10A; Coal Bearing Areas (Acquisition and Development) Act, 1957 - Sections 2 and 13

Reported in : AIR1988SC1478; JT1988(2)SC586; 1988(1)SCALE1003; 1988Supp(1)SCC488; 1988(2)LC393(SC)

M.N. Venkatachaliah, J.1. These appeals, by certificate, preferred against the judgment dated 18.4.1970 of the Patna High Court are by M/s. Karanpura Development Company Ltd. which held certain mining leases for working coal-mines in the State...

P.K. Singh and ors. Vs. Presiding Officer and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10, 10(1) and 33-C(2)

Reported in : AIR1988SC1618; JT1988(3)SC62; 1989LabIC1256; (1988)IILLJ363SC; 1988(2)SCALE27; (1988)3SCC457; [1988]Supp1SCR471; 1988(2)LC340(SC)

1. This appeal by special leave is filed by 16 workmen of the Small Arms Factory, Kanpur against the common Order dated 14th February, 1979 passed by the Central Government Industrial Tribunal-cum-Labour Court, Alipur Road, Delhi...

Raghunath and ors. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4, 6 and 48

Reported in : AIR1988SC1615; (1988)90BOMLR186; JT1988(2)SC32; 1988(1)SCALE661; (1988)3SCC294; [1988]3SCR441; 1988(1)LC762(SC)

S. Ranganathan, J.1. We grant special leave and proceed to dispose of the appeal after hearing both counsel.2. The point raised in the appeal is a very short one. The lands, belonging to the petitioners were...

Dipti Narayan Srimani Vs. Controller of Estate Duty, West Bengal. (and ...

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : AIR1988SC1511; (1988)70CTR(SC)113; [1988]172ITR476(SC); [1988]172ITR576(SC); JT1988(2)SC559; 1988(1)SCALE1140; (1988)3SCC488; [1988]Supp1SCR269

VENKATACHALIAH J. - These appeals, by certificate, under section 65 of the Estate Duty Act, 1953 ('Act' for short) - one by the accountable person and the other by the Deputy Controller of Estate Duty -...

A.R. Antulay Vs. R.S. Nayak and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 109, 120-B, 161, 162, 163, 164, 165, 165-A, 384 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 9(1), 25, 137, 190, 197, 197(1), 374, 386, 401, 406, 407, 407(1), 407(8), 411-A and 460; Code of Civil Procedure (CPC) 1908 - Order 35, Rule 12; Criminal Law Amendment Act, 1952 - Sections 6, 7 and 7(1); Constitution of India - Articles 14, 21, 139-A, 136, 134, 140 and 142

Reported in : AIR1988SC1531; 1989(1)BLJR25; (1988)90BOMLR312; 1988CriLJ1661; 1988(2)Crimes753(SC); JT1988(2)SC325; (1988)2SCC602; [1988]Supp1SCR1; 1988 2 JT 325

ORDERIn view of the majority judgments the appeal is allowed; all proceedings in this matter subsequent to the directions of this Court on 16th February, 1984 as indicated in the judgment are set aside and quashed....

Commissioner of Income Tax, U.P.-ii, Lucknow Vs. Bazpur Co-operative S ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Co-operative Societies Act, 1912 - Sections 2, 6, 40, 43 and 43(2); United Provinces Co-operative Societies Act, 1912 - Sections 43; United Provinces Co-operative Societies Rules, 1936 - Rules 8, 10, 11 and 49; Displaced Persons (Compensation and Rehabilitation) Act, 1954; Andhra Pradesh Co-operative Societies Act, 1964; Forward Contracts (Regulation) Act, 1952 - Sections 11 and 12

Reported in : AIR1988SC1263; (1988)2CompLJ198(SC); [1988]172ITR321(SC); JT1988(2)SC597; 1988(1)SCALE1016; (1988)3SCC553; [1988]3SCR1034

M.H. Kania, J.1. This is an appeal against the judgment of a Division Bench of the Allahabad High Court in Income-tax Reference No. 67 of 1969. The appeal has been filed at the instance of the...