Court : Supreme Court of India
Decided on : Apr-21-1989
Reported in : AIR1989SC1475; 1989CriLJ1479; JT1989(3)SC494; 1989(1)SCALE1045; 1989Supp(2)SCC672
..... be deemed to have committed gang rape within the meaning of this sub-section.10. this explanation has been introduced by the legislature with a view to effectively deal with the ..... the appellants. once it is established that the appellants had acted in concert and entered the house of the victims and thereafter raped pw 1 jaiboon nisa, then all of them would be guilty under section 376 ipc in terms of explanation i to clause (g) of sub-section (2) of section 376 ipc irrespective of whether she had been raped by one ..... or more them. the explanation in question reads as under :where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-31-1989
Reported in : AIR1989SC1153; 1989(40)ELT280(SC); [1990]184ITR129(SC); JT1989(1)SC450; 1989(1)SCALE226; (1989)1SCC602; [1989]1SCR382; [1989]73STC145(SC); 1989(1)LC503(SC)
..... there should be manufacture of goods. the goods being articles which are known to those who are dealing in the market having their identity as such. section 3 of the act enjoins that there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which ..... production or manufacture of goods produced or manufactured within the country. this court again in in re the bill to amend section 20 of the sea customs act, 1878 and section 3 of the central excises and salt act, : [1964]3scr787 of the report referring to the aforesaid observations of the judicial committee reiterated that taxable event in the ..... are produced or 'manufactured' in india. 'excisable goods' under section 2d of the act means goods specified in the schedule to the central tariff act, 1985 as being subject to a duty of excise and includes salt. therefore, it is necessary, in a case like this, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-1989
Reported in : (1990)1CompLJ1(SC); 1989(2)SCALE1349; (1990)1SCC367; [1989]Supp2SCR49; 1990(1)LC209(SC); 1990(1)WLN18
..... 13. rule 13 dispensed with the requirements of rules 6 and 9 and it was a special rule applicable to the persons, firms and individuals under section 133 of the act. section 133 of the act provides that the board if it thinks fit instead of requiring payment of octroi due from any mercantile firm or public body it may at the ..... the octroi shall be leviable or not. the high court felt that the rule had to be construed in consonance with section 104 of the act. as mentioned hereinbefore, section 104 of the act was anologous to section 73 of the bombay boroughs act which had been interpreted by this court in the aforesaid two decisions, wherein it was held that the sale in ..... duty in the manner it has purported to do from the 25th july, 1975 and whether that the appellant was liable to refund the said duty. 10. section 104 of the act by sub-section (2) provides that an octroi on goods and animals brought within the limits of the municipality for consumption, use or sale therein, is liable to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-1989
Reported in : AIR1990SC755; 1989(44)ELT595(SC); JT1989(4)SC389; 1989(2)SCALE927; 1989Supp(2)SCC515; [1989]Supp1SCR779
..... relevant mined in accord notification of the government with the of india for the time being in provisions of force is nil or less than 60 per section 14 of cent ad valorem. the customs act, 1962. (52 of 1962)* these percentage are 30% and 20% in the notification of 1982 and 35% and 25% in the notification of 1983. the ..... read with any determined in relevant notification of the accordance with government of india for the the provisions time being in force is 60 per of section 14 cent ad valorem or more. of the customs act, 1962 (52 of 1962). 2. goods in respect of which the thirty * per cent rate of duty of customs of the value of specified ..... we shall call the basic customs duty.) the relevant entry in the schedule to the customs tariff act is under heading no. 44.01 which includes 'wood and timber'.3. the government had, however, issued a notification under section 25(1) of the customs act exempting timber imported from certain countries of which burma is one. the result was that the basic .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-1989
Reported in : AIR1990SC532; JT1989(4)SC330; (1990)IILLJ443SC; 1989(2)SCALE1119; 1990(Supp)SCC668; [1989]Supp2SCR182; (1990)1UPLBEC533
..... or other work is of perennial nature, the decision of the appropriate government thereon shall be final.2. in exercise of the powers under section 10(1) of the act, the government of west bengal issued a notification dated february 9, 1980 prohibiting the employment of contract labour in 16 departments covering 65 ..... categories as may be notified by the appropriate government in the light of criteria laid down in the act and also regulating the service conditions of contract labour where abolition is not possible. section 10 of the act which is relevant is as under :prohibition of employment of contract labour :(1) notwithstanding anything contained ..... in this act, the appropriate government may, after consultation with the central board or, as the case may be, a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-08-1989
Reported in : JT1989(4)SC386; 1989(2)SCALE1157; (1990)1SCC324; [1989]Supp2SCR93
..... residence in the local area where he or members of his family can reside. those conditions being satisfied the certificate cannot be refused. a liberal construction of section 13-a1 of the act as it is being pressed upon us, would also enable unscrupulous landlords who cannot get rid of tenants to transfer their premises to ex-military men, as ..... of the armed forces to recover from a tenant possession of a building which he acquires after his retirement. acceptance of this argument will expose the very section 13-a1 of the act to a successful challenge on the ground of violation of article 14 of the constitution for if that were so, a retired military officer who has no ..... out to the respondent by his father in july, 1982, and upon his father dying in the following month the tenant attorned to the appellant.5. section 13-a of the act provides:where a specified landlord at anytime within one year prior to or within one year after the date of his retirement or after his retirement but within .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-1989
Reported in : AIR1990SC65; 1990CriLJ60a; [1990(60)FLR13]; JT1989(4)SC260; 1989(2)SCALE944; 1989Supp(2)SCC652; [1989]Supp2SCR19
..... out by respondents 2 and 3. it had been pleaded that the inquiry under rule 22 as against respondent no, 1 related to an offence which came under section 63 of the army act, namely, conduct prejudicial to good order and military discipline; while the charge, he was called upon to face in the general court martial was one of theft punishable ..... under section 52(a) of the army act. we have seen the evidence recorded in the inquiry under rule 22. it is a fact that the allegation at the stage of inquiry under rule 22 was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1989
Reported in : 1990(25)ECC169; 1989(44)ELT598(SC); [1990]186ITR440(SC); JT1989(4)SC184; 1989(2)SCALE804; (1989)4SCC592; [1989]SuppSCR311; [1989]Supp1SCR311; 1990(1)LC93(SC)
..... supdt. of central excise : 1986(23)elt313(kar) , where it was decided that the words as being subject to a duty of excise appearing in section 2(d) of the act are only descriptive of the goods and not to the actual levy. 'excisable goods', it was held, do not become non-excisable goods merely by the reason ..... the pre-budget stocks were very much excisable goods and that for the purpose of collecting duty, date of manufacture was not material under the scheme of the act even though the taxable event is the manufacture. it was, therefore, contended that at the time of manufacture of the goods in question, the goods were excisable ..... , j.1. this is an appeal under section 35l of the central excise & salt act, 1944 (hereinafter referred to as the act).2. the appellant is a manufacturer of various types of food products known as sapaghetti, macaroni, vermicelli, etc., falling under heading no. 1902.10 of the central excise tariff act. the appellant filed classification list effective from 1st .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-1989
Reported in : JT1989(4)SC89; 1989(2)SCALE811; (1989)4SCC603a; [1989]Supp1SCR410
..... principal immediately terminates the agent's actual authority to act for the principal unless the agent's authority is coupled with an interest as envisaged under section 202 of, the indian contract act. when agency is revoked, the agent could claim compensation if his case falls under section 205 or could exercise a lien on the principal ..... 's properly under section 221. the agent's lien on principal's property recognised under sec-lion 221 could be exercised ..... and places no particular trust in b, the doctrine of fiduciary relations would not apply. likewise, where the principal authorises an agent to do particular or specified acts, the doctrine of fiduciary relation may not arise. what we want to emphasise is, in all cases of general agency, the relation may be generally fiduciary, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1989
Reported in : AIR1990SC79; JT1989(4)SC223; 1989(2)SCALE906; 1989Supp(2)SCC706; 1990(1)LC137(SC)
..... and sentenced them as aforementioned. on being aggrieved, the accused 1 to 3 filed criminal appeal no. 544 of 1987 and the fourth accused who stood convicted only under section 201 ipc preferred criminal appeal no. 576 of 1987. both the appeals were disposed of by the high court by the impugned common judgment.8. the state has not ..... .3. before the trial court, there were four accused namely respondents 2 to 4 and one mallidi peda kapu alias venkata reddy (accused 4) who stood convicted under section 201 i.p.c. and sentenced to undergo three years rigorous imprisonment and to pay a fine of rs. 1,000/- in default to undergo rigorous imprisonment for a ..... c. and the sentence of imprisonment for life and the sentence of one year rigorous imprisonment respectively but retaining the conviction of the respondents 2 to 4 under section 201 read with section 34 of i.p.c. and the sentence of three years rigorous imprisonment as against respondents 2 and 3 (accused 1 and 2) but reducing the sentence .....
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