THE SPECIAL LAND ACQUISITION OFFICER, KALINADAI (HYDRO-ELECTRIC) PROJECT, DANDALI, UTTAR KANNADA DISTRICTversusVASANT GUNDU BALE
1995 INSC 65631 October 1995Appeal(s) allowed
The State acquired six acres of land for a hydro‑electric project under s.4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation which was enhanced by the reference court to Rs 15,520 per acre. The High Court, applying a multiplier of 15 to the rental value, raised the amount to Rs 18,0…
SANJAY KUMAR AND ANR.versusSTATE OF U.P. AND ORS.
1995 INSC 52131 August 1995Dismissed
The appellants purchased 75.51 acres of land belonging to Jagdish Chander in an auction sale ordered by a civil court in 1975 to satisfy money suits. The land was later declared surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, and the prescribed authority refused to set aside the surplu…
DADAN BAI WD/O BHAGCHAND SINDHIversusARJUNDAS
1995 INSC 23731 March 1995Disposed off
The appellant, a landlady, filed an eviction petition against the lessee under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961. The High Court dismissed the petition, holding that the appellant was not the owner because the premises were owned by the Municipal Corporation. On appeal, the Supreme Co…
STATE OF TAMIL NADUversusTHIRUKKURAL PERUMAL
1995 INSC 8731 January 1995Appeal(s) allowed
A first information report (FIR) was lodged against the respondent alleging offences under several IPC sections. The respondent filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR. The Madras High Court quashed the FIR, relying on evidence collected by the investigating agency …
PREM NATH KAPUR AND ANOTHER ETC.versusNATIONAL FERTILIZERS CORPORATION OF INDIA LIMITED AND OTHERS
1995 INSC 80629 November 1995Dismissed
The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded solatium, interest …
WAZIR SINGH, JBT TEACHER AND ORS.versusTHE STATE OF HARYANA THROUGH ITS SECRETARY, EDUCATION DEPARTMENT AND ORS.
1995 INSC 60629 September 1995Disposed off
The appellants were appointed as Junior Basic Teachers (J.B.T.) in Haryana government schools without B.T./B.Ed. qualifications and later obtained those degrees. They sought higher grade (Masters) pay automatically, relying on a 1957 Punjab Government instruction that linked pay to qualification. The State of Haryana c…
STATE OF ORISSAversusDHOBEI SETHI AND ANR.
1995 INSC 51129 August 1995Appeal(s) allowed
The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) challenged the validity o…
PARIMAL CHANDRA AND ORS.versusLIFE INSURANCE CORPORATION OF INDIA AND ORS.
1995 INSC 22929 March 1995Appeal(s) allowed
Parimal Chandra and other canteen workers of the Life Insurance Corporation of India (LIC) filed a writ petition seeking to be treated as regular employees of LIC and to receive the minimum salary paid to Class IV employees, invoking the principle of equal pay for equal work. The High Court initially granted the relief…
ASSOCIATED POWER CO. LTD.versusCOMMISSIONER OF INCOME TAX
1995 INSC 79428 November 1995Disposed off
Associated Power Co. Ltd., an electricity generation and distribution company, appropriated Rs 46,460 to a Contingency Reserve as required by the Electricity (Supply) Act, 1948 and claimed it as a deduction for the assessment year 1973‑74. The Income Tax Officer rejected the claim; the Appellate Assistant Commissioner …
STATE OF PUNJABversusJASBIR SINGH
1995 INSC 79928 November 1995Dismissed
The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search and were informed of…
SRI SISIR KUMAR MOHANTYversusSTATE OF ORISSA AND ANR.
1995 INSC 80328 November 1995Appeal(s) allowed
The appellants, lower‑division clerks in district police offices of Orissa, sought parity in pay scales and benefits with ministerial staff serving in the head offices of the DIG, IG and DGP. The Orissa Administrative Tribunal rejected their claim, holding that the two groups formed separate cadres. The State relied on…
STATE OF U.P.versusRATAN LAL ETC.
1995 INSC 50528 August 1995Disposed off
The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of the compensation aw…
FENNER (INDIA) LTD.versusCOLLECTOR OF CENTRAL EXCISE, MADURAI
1995 INSC 22028 March 1995Appeal(s) allowed
Fenner (India) Ltd. manufactured PVC‑impregnated conveyor belting of lengths 100‑400 m, widths 600‑1200 mm and thickness 7‑9.5 mm. The Central Excise authorities classified the belting under Tariff Heading 39.20 (plates, sheets, film, foil and strip) as a "strip", while the appellants argued that it should fall under H…
M/S GARWARE NYLONS LTD.versusPIMPRI CHINCHWAD MAHANAGAR PALIKA AND ORS.
1995 INSC 22728 March 1995Dismissed
Mis Garware NyLons Ltd., a manufacturer of nylon and polyester yarn, imported goods that were subject to octroi. The municipal corporation valued the goods for octroi under Rule 17(a) of the Maharashtra Municipalities (Octroi) Rules, 1968 and included the customs duty paid on the imports. The appellant challenged this …
UTTAR PRADESH AND ANR.versusINSPECTOR GENERAL OF REGISTRATION
1995 INSC 60027 September 1995Appeal(s) allowed
The appellant, Satyendra Nath Bajpai, served as a Registration Clerk on daily wages from 14 February 1985 to 31 March 1990 and was not regularised despite being placed at the top of the approved list, while clerks listed below him were regularised. He filed a writ petition (W.P. No. 849/95) in the Allahabad High Court …
ATUL KUMAR NIGAMversusSTATE OF U.P. AND ORS.
1995 INSC 60127 September 1995Appeal(s) allowed
The appellant, A.T. Kumar Nigam, was initially appointed as a Registration Clerk on a daily‑wage basis and later selected by a district selection committee for a regular post under the Subordinate Offices Ministerial Staff (District Recruitment) Rules. He joined the regular post on 25 February 1991 but his services wer…
SANJAY GUPTA AND ORS.versusSTATE OF U.P. AND ORS.
1995 INSC 60227 September 1995Appeal(s) allowed
The appellants, Sanjay Gupta and others, were appointed as Registration Clerks in the Sub‑Registrar's office at Jhansi after being selected by a committee under the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985. The Inspector General later issued an order directing termination of all Registra…
BONKY @ BHARAT SHIVAJI MANE AND ORS.versusSTATE OF MAHARASHTRA
1995 INSC 60527 September 1995Case Partly allowed
The appellants were convicted by a Designated Court for murder, attempt to murder, causing hurt and an offence under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) arising from an altercation at a video parlour that led to a fatal assault near a hotel. On appeal, the Supreme Court held tha…
K. VASUNDARA DEVI ETC.versusREVENUE DIVISIONAL OFFICER (LAO)
1995 INSC 42427 July 1995Dismissed
The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to one‑fourth. The High Court up…
SUNIL KUMAR JAINversusKISHAN AND ORS.
1995 INSC 30827 April 1995Dismissed
The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale agreement dated 5 Decem…
STATE OF ORISSA AND ORS.versusADWAIT CHARAN MOHANTY ETC. ETC.
1995 INSC 7827 January 1995Appeal(s) allowed
The respondents, who were Class III government servants in Orissa, reached the statutory retirement age of 58 and claimed that, as "workmen" under the second proviso to Rule 71(a) of the Orissa Service Code, they were entitled to remain in service until the age of 60. The Orissa Administrative Tribunal held them to be …
M/S. HASANALI KHANBHAI AND SONS AND ORS.versusSTATE OF GUJARAT
1995 INSC 42226 July 1995Dismissed
The State of Gujarat acquired 7 acres and 28 gunthas of land on the outskirts of Rajkot for an orphanage. The acquisition officer awarded Rs 1.25 per square yard, which was enhanced to Rs 2.05 by the reference court and later the Gujarat High Court held the land could fetch Rs 10 per square yard but, after a 60 % deduc…
SH. NARAYAN YESHWANT GOREversusUNION OF INDIA AND ORS.
1995 INSC 30126 April 1995Appeal(s) allowed
Sh. Narayan Yeshwant Gore, an employee of the National Sample Survey Organisation, was deputed to the Census Department from 1961 to 1974 and was promoted there as Assistant Director with the concurrence of the parent department and the UPSC. While on deputation his juniors in the parent department received ad‑hoc prom…
SHREEDHARAN KALLATversusTHE UNION OF INDIA AND ORS.
1995 INSC 30426 April 1995Appeal(s) allowed
The appellant, a railway employee, was reverted from a deputed post and successfully challenged the reversion and later seniority fixation in his favour through the Kerala High Court and the Supreme Court. The Railways later contested the seniority order, but the High Court again upheld it. Direct recruits then approac…
KASHIBAI W/O LACHIRAM AND ANR.versusPARWATIBAI W/O LACHIRAM AND ANR.
1995 INSC 59725 September 1995Appeal(s) allowed
The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram had adopted Purshottam…
STATE OF HIMACHAL PRADESH AND ORS.versusSHRI DHARAM DAS
1995 INSC 49825 August 1995Appeal(s) allowed
The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to statutory interest and an a…
MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.
1995 INSC 50025 August 1995Appeal(s) allowed
The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 days in a year they we…
SH. TOPANDAS KUNDANMAL, SINCE DECEASED THEREAFTER BY HIS HEIRS AND LRS. ETC.versusTHE STATE THROUGH THE LAND ACQUISITION OFFICER, JAMNAGAR ETC.
1995 INSC 41425 July 1995Dismissed
The appellants, heirs of Sh. Topandas Kundanmal, challenged the compensation awarded for the acquisition of 10 acres 12 gunthas of land in Jamnagar for a TB hospital. While the Collector fixed Rs 2,500 per acre, the claimants sought a higher amount based on a per‑square‑foot rate, leading to a reference under s.18 of t…
THE STATE OF UTTAR PRADESH AND ANR.versusKESHAV PRASAD SINGH
1995 INSC 41625 July 1995Appeal(s) allowed
The State of Uttar Pradesh acquired land for a Public Works Department office and, while constructing a building and protective wall, encroached upon land owned by Keshav Prasad Singh. A civil suit resulted in a mandatory injunction directing the State to demolish the encroachment and restore possession to the responde…
FAQIR (DEAD) THROUGH SHYAM DEOversusKISHORI @ LALLOO AND ANR.
1995 INSC 29325 April 1995Dismissed
Kishori claimed ownership of two plots in Varanasi and filed objections under the U.P. Consolidation of Holdings Act, 1953. He had earlier instituted a civil suit on 5 January 1954 for injunction and possession against Faqir in the Munsif Court; the trial court dismissed it, but the appellate court allowed the suit, is…
MATHUNNI MATHAIversusM/S. HINDUSTAN ORGANIC CHEMICALS LTD. AND ANR.
1995 INSC 29725 April 1995Appeal(s) allowed
The case concerned a land‑acquisition award where the High Court enhanced the market value, solatium and interest under the Land Acquisition (Amendment) Act, 1984. The Supreme Court stayed the collection of the enhanced portion, after which the respondent deposited the amount that was not stayed on 9 January 1988. Afte…
THE REGIONAL EXECUTIVE, KERALA FISHERMEN'S WELFARE FUND BOARDSversusM/S. FANCY FOOD AND ANR. ETC. ETC.
1995 INSC 29925 April 1995Disposed off
The Kerala Fishermen's Welfare Fund Act, 1985 creates a fund for fishermen’s welfare and requires certain persons, termed ‘dealers’, to contribute 1% of their sales. The respondents, exporters of fish, argued that they dealt only in processed fish meat and therefore were not ‘dealers’ under the Act. The High Court set …
VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.
1995 INSC 49024 August 1995Dismissed
The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their non‑appearance was due to a rep…
D.D.A.versusBHAVANA COOP. GROUP HOUSING SOCIETY LTD.
1995 INSC 49524 August 1995Appeal(s) allowed
The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its earlier decision in …
P. KASILINGAM AND ORS.versusP.S.G. COLLEGE OF TECHNOLOGY AND ORS.
1995 INSC 21124 March 1995Dismissed
The Supreme Court considered appeals by teaching staff of P.S.G. College of Technology challenging a Madras High Court decision that the Tamil Nadu Private Colleges (Regulation) Act, 1976 and its Rules did not apply to the college. The college, a private engineering institution, had resolved that the Act and Rules were…
MAHENDRA RAJ MARG KARAMCHARI UNIONversusUNION OF INDIA AND ORS.
1995 INSC 21324 March 1995Disposed off
The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that they were a separat…
KAMALAMMA AND ORS.versusHONBLE CHIEF JUSTICE OF THE HIGH COURT OF KERALA AND ORS.
1995 INSC 13524 February 1995Appeal(s) allowed
The non‑law graduate staff of the Kerala High Court sought redress for grievances, prompting the Chief Justice to amend Rule 16(d) of the Kerala High Court Service Rules, 1970. The amendment limited promotion of non‑law graduates to a maximum of eight posts, subject to age or service length, a capacity test, and a 1:1 …
INTEGRATED RURAL DEVELOPMENT AGENCYversusRAM PYARE PANDEY
1995 INSC 13824 February 1995Appeal(s) allowed
Ram Pyare Pandey was appointed as a temporary Junior Clerk in the Integrated Rural Development Agency, a society registered under the Societies Registration Act, and was terminated within a month. He sued for a declaration that the termination violated Rule 13(b) of the agency's own rules, which required one month's no…
STATE OF HARYANA AND ORS.versusK.N. DUTT
1995 INSC 13924 February 1995Appeal(s) allowed
K.N. Dutt, a retired chief engineer of Haryana, had taken advances against his gratuity and signed an undertaking that any unpaid amount could be recovered from his gratuity. After disciplinary proceedings, the State withheld his retirement benefits, prompting Dutt to file a writ petition which the High Court ordered t…
P. UDAYANI DEVIversusV.V. RAJESHWARA PRASAD RAO AND ANR.
1995 INSC 14024 February 1995Appeal(s) allowed
A money decree against the respondent led to the auction sale of his property, which was purchased by the appellant. The sale certificate described the property by its boundaries and termed it a "terraced house". The respondent later claimed that only the terraced building, not the adjoining portion, was sold and sough…
UNION OF INDIAversusDINESH KUMAR SAXENA AND ORS. ETC. ETC.
1995 INSC 14124 February 1995Case Partly allowed
The Union of India appointed approximately 932 temporary class C and D staff for the 1981 census and later re‑engaged many of them on fixed‑term contracts for the 1991 census. After each census the temporary posts were abolished and the employees were retrenched, leading them to file writ petitions seeking regularisati…
V. GOPAL REDDIAR (DEAD) BY L.R. AND ANR. ETC.versusSTATE OF TAMIL NADU AND ANR. ETC.
1995 INSC 14224 February 1995Dismissed
The appellants in three separate sets of appeals held agricultural land in excess of the ceiling prescribed under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and had made sales of portions of that land before the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 came into force. T…
UNION OF INDIA AND ANR.versusASHOK KUMAR MITRA
1995 INSC 14324 February 1995Appeal(s) allowed
The respondent, a Branch Manager of Bank of India, was charged with several offences under the IPC and the Prevention of Corruption Act. He contended that, as an employee of a nationalised bank, he was not a "public servant" within the meaning of Section 21 of the IPC and therefore could not be tried by a Special Court…
MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.
1995 INSC 7424 January 1995Dismissed
The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were successful, and the Supr…
SH. MUSTAKMIYA JABBARMIYA SHAIKHversusSH. M.M. MEHTA, COMMISSIONER OF POLICE AND ORS.
1995 INSC 20723 March 1995Case Allowed
The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 on the basis of several isolated incidents, including a 1993 shooting, alleged harbouring of an offender, assaults on a businessman and a witness, and possession of an unlicensed revolver. He challenged the detention order, arg…
INDER SINGHversusSTATE OF PUNJAB
1995 INSC 13323 February 1995Dismissed
Inder Singh was convicted of murder under Section 302 of the IPC for the killing of his nephew, Amar Singh. The prosecution proved that Singh, armed with a barchha, lay in wait and delivered a fatal blow to the victim's neck after a series of assaults on the victim and his family members. The defence argued that Singh …
A.T.S. CHINNASWAMI CHETTIAR ETCversusSRI KARI VARADARAJA PERUMAL TEMPLE AND ANR.
1995 INSC 59422 September 1995Dismissed
The Sri Kari Varadaraja Perumal Temple held a devadayan religious inam of 19.58 acres, granted permanently and confirmed by a title deed in 1863. After the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 abolished minor inams, both the temple and the appellants applied for Ryotwari patta. The …
M/S. THE ANDHRA BANK LTD., HYDERABADversusTHE COMMISSIONER OF INCOME TAX, A.P. LLL, HYDERABAD
1995 INSC 59322 September 1995Dismissed
The Andhra Bank Ltd. appealed against the Income Tax Commissioner challenging the disallowance of deductions for amounts transferred to its reserve fund exceeding the statutory 20% of profit. The bank argued that a direction from the Reserve Bank of India under Section 35A compelled it to transfer a larger sum, which s…
STATE OF ANDHRA PRADESHversusBODEM SUNDARA RAO
1995 INSC 59522 September 1995Appeal(s) allowed
The respondent, Bodem Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. The State appealed, …
STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.
1995 INSC 48522 August 1995Dismissed
The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under the Motor Vehicles Ac…
STATE BANK OF HYDERABADversusTHE JOINT FAMILY OF M/S. MUKUNDAS RAJA BHAGWAN DAS AND ORS.
1995 INSC 20222 March 1995Appeal(s) allowed
The State Bank of Hyderabad sued the Joint Family of Mis. Mukundas Raja Bhagwan Das for recovery of a promissory note dated 20 May 1953. The respondents had applied in March 1960 under Section 11 of the Andhra Pradesh Jagirdar Debt Settlement Act, 1952 for scaling down the debt, and the Debt Settlement Board later held…
N. KUNHICFLEKKU HAJI(D) BY LRSversusSTATE OF KERALA AND ORS.
1995 INSC 20322 March 1995Appeal(s) allowed
The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on the ground that the…
M/S. COMPLETE INSULATIONS (P) LTD.versusNEW INDIA ASSURANCE COMPANY LTD.
1995 INSC 75921 November 1995Dismissed
MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. The vehicle was lat…
DR. RANBIR SINGHversusASHARFI LAL
1995 INSC 59221 September 1995Appeal(s) allowed
The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and greater hardship to the…
DR. J.N. BANAVALIKARversusMUNICIPAL CORPORATION OF DELHI AND ANR.
1995 INSC 59021 September 1995Dismissed
Dr. J.N. Banavalikar, a Specialist Grade‑I in tuberculosis and chest diseases, was given the additional charge of Medical Superintendent of R.B.T.B. Hospital (a Delhi Municipal Corporation hospital) and served for about five and a half years. He was later removed from that post and Dr. Sudhakar Patnaik, a senior pathol…
NANO KISHOREversusSTATE OF PUNJAB
1995 INSC 59121 September 1995Appeal(s) allowed
H. KASHINATH AND ORS.versusSTATE OF KARNATAKA AND ORS.
1995 INSC 48121 August 1995Appeal(s) allowed
The Supreme Court examined a lease granted by the Corporation of the City of Bangalore to the Karnataka Chalana Chitra Kalavidara Sangha, a society of film artists, for constructing a theatre and training school on land earmarked in the Comprehensive Development Plan for a public or semi‑public purpose. The petitioners…
THE PRINCIPAL, CAMBRIDGE SCHOOL AND ANR.versusMS. PAYAL GUPTA AND ORS.
1995 INSC 48021 August 1995Dismissed
Cambridge School, an unaided recognised school, issued circulars requiring a 50% cut‑off in class X marks for admission to class XI, treating the move to class XI as a fresh admission. Several students, including Ms. Payal Gupta who scored 44.6%, challenged the circulars, and the Deputy Education Officer directed that …
TRUSTEES OF PORT OF MADRASversusM/S. NAGAVEDU LUNGI AND COMPANY AND ORS.
1995 INSC 28721 April 1995Appeal(s) allowed
The Trustees of Port of Madras sued M/s. Nagavedu Lungi and Co., the exporter‑consignor, and other parties for recovery of demurrage and incidental charges arising from textile goods that were illegally detained in the customs area of the Port of Madras by the Collector of Customs. The City Civil Court dismissed the su…
UNION OF INDIAversusJAGDISH AND ORS.
1995 INSC 19121 March 1995Appeal(s) allowed
The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. The Supreme Court ob…
STATE OF MAHARASHTRAversusMAHARAU SRAWAN HATKAR
1995 INSC 12521 February 1995Appeal(s) allowed
The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land Acquisition Officer and lat…
RAJPALversusSTATE OF HARYANA AND ORS.
1995 INSC 75620 November 1995Appeal(s) allowed
The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment required his regular…
RESHAM SINGH PYARA SINGHversusABDUL SATTAR
1995 INSC 75720 November 1995Dismissed
The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the petitioner's exclusive pos…
STATE OF ORISSA AND ORS.versusGOPAL CHANDRA RATH AND ORS.
1995 INSC 58520 September 1995Appeal(s) allowed
All the respondents were appointed as junior teachers between 1961 and 1973 by a Selection Committee that was not constituted by the State Government, leading the Orissa Administrative Tribunal to quash their gradation list. The State Legislature subsequently enacted the Orissa Medical Education Service (Validation of …
AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.
1995 INSC 58620 September 1995Appeal(s) allowed
The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, which held that compul…
UNION OF INDIA AND ORS.versusAJAIB SINGH AND ORS.
1995 INSC 58720 September 1995Case Allowed
The Union of India appealed against an arbitrator’s award that enhanced compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, and added solatium and interest. The competent authority had originally paid Rs 60 per Marla, which the respondents accepted without protest, a…
STATE OF ORISSA AND ORS.versusKALICHARAN MOHAPATRA AND ANR.
1995 INSC 58820 September 1995Appeal(s) allowed
K. Mohapatra, a retired IPS officer, faced a criminal prosecution under the Prevention of Corruption Act for possessing assets disproportionate to his known income. While the case was pending, the State of Orissa withheld his gratuity and refused to sanction his final pension, granting only a provisional pension. Mohap…
STATE OF MADHYA PRADESHversusMOHAN SINGH
1995 INSC 58920 September 1995Appeal(s) allowed
The State of Madhya Pradesh, under Section 432(1) of the Criminal Procedure Code, granted a special remission on Republic Day 1978 to female prisoners and those belonging to Scheduled Castes and Scheduled Tribes (SC/ST). Writ petitioners, including Mohan Singh, challenged the scheme, alleging violation of the right to …
SH. GANESH NARYAN HEDGEversusSH.S. BANGARAPPA AND ORS.
1995 INSC 28220 April 1995Appeal(s) allowed
Ganesh Narayan Hedge filed a complaint under Section 500 IPC alleging defamation by S. B. Bangarappa and two others. The Magistrate, after taking evidence, framed charges, which were challenged by a revision petition under Section 399 before the Sessions Judge, who dismissed it. The respondents then approached the Karn…
THE SCHEDULED CASTE UPLIFT UNION AND ANR.versusUNION OF INDIA AND ORS
1995 INSC 28520 April 1995Dismissed
The Scheduled Caste Uplift Union filed a writ petition challenging an amendment to the Defence Quality Assurance Rules, 1979 which required a three‑year regular service as Junior Scientific Officer and a degree in engineering for promotion to Senior Scientific Officer Grade‑II. The petitioners, who were only diploma ho…
BASHIR AHMEDversusMEHMOOD HUSSAIN SHAH.
1995 INSC 18820 March 1995Appeal(s) allowed
The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered forfeiture of the appellan…
ALLAHABAD BANKversusPREM NARAIN PANDE AND OTHERS
1995 INSC 63519 October 1995Appeal(s) allowed
The employee, a Junior Management Scale‑I officer of Allahabad Bank, was served with a charge‑sheet in 1983 and an enquiry was conducted by a Deputy General Manager (DGM). While the enquiry was pending, the employee was transferred and the Assistant General Manager (AGM) of another zone was nominated as the disciplinar…
CONTROLLER OF EXAMINATION, UTKAL UNIVERSITY AND ANR. ETC.versusMISS PAURNAMASI DAS AND ANR. ETC.
1995 INSC 57919 September 1995Appeal(s) allowed
The appeals concerned two students who fell short of the required marks for honours in their final degree examinations at Utkal University. Both argued that, under the University's Hard Case Rule, they were entitled to a 0.5% grace addition calculated on the combined total of pre-degree and final degree marks (800), wh…
M/S. GANGESHWAR LTD.versusSTATE OF U.P. AND ORS.
1995 INSC 58219 September 1995Dismissed
Gangeshwar Ltd., a sugar mill in Uttar Pradesh, purchased 31 bighas of agricultural land in 1971 before the amendment to the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After the amendment became effective in 1973, the mill sought exemption of the land from ceiling calculations by obtaining a certificate und…
SMT. MUKUL RANI V ARSHNEI AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ANR.
1995 INSC 58319 September 1995Appeal(s) allowed
The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the Master/Zonal Plan, an…
UNION OF INDIA AND ORS.versusINDIAN ALUMINIUM CO. LTD. AND ANR.
1995 INSC 27519 April 1995Dismissed
The Union of India challenged the clearance of aluminium dross and skimmings by Indian Aluminium Co. Ltd. without payment of excise duty. The company claimed credit for duty paid on aluminium ingots under Rule 56A while clearing aluminium sheets, and argued that the dross and skimmings, being waste, were not excisable …
RAJANNAversusUNION OF INDIA
1995 INSC 28019 April 1995Appeal(s) allowed
Rajanna, a security assistant in the Special Protection Group (SPG), suffered permanent partial disablement in a motor accident while traveling in an official SPG vehicle from staff quarters to the South Block. He claimed an ex‑gratia payment of Rs 50,000 under a 1986 Cabinet Secretariat circular that provides such pay…
M/S. SHABI CONSTRUCTION COMPANYversusCITY AND INDUSTRIAL DEVELOPMENT CORPORATION AND ANR.
1995 INSC 27619 April 1995Dismissed
The appellant, Mis. Shabi Construction Co., entered into a lease agreement with the New Town Development Authority (CIDCO) for a commercial plot, the agreement stipulating a maximum Floor Space Index (FSI) of 2. While the agreement was pending, the State Government issued a notification increasing the permissible FSI f…
M.T. PUTTALINGAPPA, MAJOR AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1995 INSC 28119 April 1995Dismissed
The appellants were appointed as Assistant Inspectors in 1963 despite lacking the then‑required degree qualification. After the 1966 rules relaxed the qualification to a diploma, the Labour Commissioner attempted to regularise their services on 15 December 1967 based on a 17 August 1966 notification that allowed regula…
RA VI PAUL AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 5919 January 1995Dismissed
The petitioners, Short Service Commissioned Officers (SSCOs) appointed as Assistant Commandants in the Border Security Force (BSF) between 1974 and 1978, claimed that their prior Army service should be counted for seniority, relying on Rule 8(b) of the Central Reserve Police Force (CRPF) Rules. The Court examined wheth…
UNION OF INDIA AND ORS.versusDR. DEVENDRA VIR SAHI
1995 INSC 27118 April 1995Appeal(s) allowed
Dr. Devendra Vir Sahi was appointed as an Assistant Medical Officer on an ad‑hoc basis on 20 July 1985, after the cut‑off date of 1 October 1984 prescribed in Dr. A.K. Jain’s judgment. The Union of India, following a policy that required UPSC screening for ad‑hoc officers appointed between 1 October 1984 and November 1…
DIRECTOR OF TRIBAL WELFARE GOVERNMENT OF ANDHRA PRADESHversusLAVETI GIRI AND ANR
1995 INSC 27218 April 1995Appeal(s) allowed
The Supreme Court examined an appeal by the Director of Tribal Welfare against LAVETI GIRI, who had obtained admission to an engineering course on the basis of a caste certificate claiming he belonged to the Konda Kapu Scheduled Tribe. The certificate was issued by a Tehsildar who lacked jurisdiction, and the responden…
NEW DELHI MUNTCIPAL COMMITTEEversusALLIED MOTORS PVT LTD. AND ORS.
1995 INSC 63217 October 1995Appeal(s) allowed
Allied Motors Pvt. Ltd. displayed eight neon sign boards showing the names of the commodities it sold. The New Delhi Municipal Committee (NDMC) demanded advertisement tax on these signs. The Delhi High Court Single Judge held the signs were advertisements and dismissed the petition, but the Letters Patent Bench reverse…
S.V.R. MUDALIAR (DEAD) BY LRS. AND ORS.versusMRS. RAJABU F. BUHARI (DEAD) BY LRS. AND ORS.
1995 INSC 26417 April 1995Appeal(s) allowed
The plaintiff S.V.R. Mudaliar sold two properties to Mrs. Rajabu Buhari in 1959 and, based on a written "gentleman's understanding" recorded as a "Record of Fact" (Ex.P1), expected the properties to be reconveyed if the purchase price was repaid within three years, with a 10% solatium. One property was reconveyed, the …
STATE OF MANIPUR AND ORS.versusSMT. A. ONGBI MEMCHA DEVI AND ANR.
1995 INSC 26817 April 1995Appeal(s) allowed
A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the appointment of her brother…
BIHARI LAL JAISWALversusTHE COMMISSIONER OF INCOME TAX
1995 INSC 74016 November 1995Appeal(s) allowed
Bihari Lal Jaiswal obtained a retail liquor licence under the Madhya Pradesh Excise Rules and entered into a partnership with ten others to run the business. He applied for registration of the partnership under sections 184 and 185 of the Income Tax Act, but the Income Tax Officer rejected the application because the p…
JAI NARAIN RAMversusSTATE OF U.P. AND ORS.
1995 INSC 74916 November 1995Appeal(s) allowed
In 1988 the Uttar Pradesh government advertised fifteen Treasury Officer‑Accounts Officer posts, four of which were reserved for Scheduled Caste (SC) candidates. The State Public Service Commission (PSC) recommended four names, but those candidates never joined the service. The appellant, Jai Narain Ram, was the fourth…
UNION OF INDIA AND ORS.versusSH. IQBAL SINGH CHEEMA
1995 INSC 63016 October 1995Disposed off
Sh. Iqbal Singh Cheema, a Commandant (Selection Grade) in the Border Security Force, was convicted of corruption in a Court Martial under the Border Security Force Act, 1968. The Court Martial initially proposed forfeiture of seven years' service for promotion and pension benefits, but instead imposed dismissal. Cheema…
COMMISSIONER OF INCOME TAX, MADRAS AND ANR.versusMIS DALMIA CEMENT
1995 INSC 46216 August 1995Appeal(s) allowed
Mis Dalmia Cement, a public limited company, filed loss returns for assessment years 1952‑53 to 1954‑55 after the prescribed time. The Income Tax Officer refused to take cognizance of those returns, stating that no assessment could be made. For later years (1955‑56 to 1959‑60) losses were assessed, and for 1960‑61 the …
SPECIAL LAND ACQUISITION OFFICERversusSHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.
1995 INSC 46516 August 1995Appeal(s) allowed
The Supreme Court heard appeals filed by the State Government against a Karnataka High Court judgment concerning awards made by a Land Acquisition Officer on 12 October 1978 and a Reference Court on 31 March 1980. The issue was whether the claimants were entitled to the enhanced compensation benefits under Sections 23(…
THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA DAM PROJECT, SAUNDATTI ETC.versusMADIVALAPPA BASALINGAPPA MELAVANKI ETC.
1995 INSC 46916 August 1995Appeal(s) allowed
The Special Land Acquisition Officer determined compensation for land acquired from the respondents at Rs 3,000 per acre. The reference court enhanced it to Rs 15,000 per acre using a 15‑year multiplier, an award dated 14 December 1981. The High Court held that a 15‑year multiplier was illegal and that a 10‑year multip…
T. SHANTHARAMversusSTATE OF KARNATAKA AND ORS.
1995 INSC 4016 January 1995Appeal(s) allowed
The appellant, a revenue department clerk, was deputed to the Food and Civil Supplies Department in a post higher than his parent‑department rank and remained there for over three decades. When the department sought to repatriate him, he applied to the Karnataka Administrative Tribunal, which ordered his absorption in …
BALAJI RAGHAVAN S.P. ANANDversusUNION OF INDIA
1995 INSC 90015 December 1995Disposed off
The Supreme Court examined two public‑interest petitions seeking to restrain the Union of India from conferring the Bharat Ratna and Padma awards, arguing that such awards constitute prohibited "titles" under Article 18(1) of the Constitution. The Court held that the framers intended to abolish hereditary or honorific …
VIJAYALAXMI CASHEW COMPANY AND ORS.versusTHE DEPUTY COMMERCIAL TAX OFFICER AND ANR.
1995 INSC 90115 December 1995Dismissed
Vijayalaxmi Cashew Company purchased raw cashew nuts, processed them to extract oil and kernels, and exported the kernels. The Deputy Commercial Tax Officer levied State sales tax on the penultimate purchase of raw nuts, contending that the kernels were not the same goods as the raw nuts. The appellants argued that und…
SH. BODHISATTWA GAUTAMversusMISS SUBHRA CHAKRABORTY
1995 INSC 90715 December 1995Disposed off
The respondent, Subhra Chakraborty, filed a criminal complaint against Bodhisattwa Gautam under IPC sections 312, 420, 493, 496 and 498‑A alleging false promise of marriage, a secret marriage, sexual relations, and forced abortions. Gautam sought to quash the complaint via a petition under CrPC s.482, which the Gauhati…
WELFARE ASSOCIATION OF ABSORBED CENTRAL GOVERNMENT EMPLOYEES IN PUBLIC ENTERPRISES AND ORS. ETCversusUNION OF INDIA AND ANR.
1995 INSC 90215 December 1995Case Allowed
The Government absorbed central civil servants into public enterprises and offered them retirement benefits, including the option to commute one‑third of their pension or, in some cases, the entire pension. Petitioners who had commuted the full pension were denied the restoration of the one‑third commuted portion under…
M/S KHODAY DISTILLERIES LTD. ETC.versusSTATE OF KARNATAKA AND ORS.
1995 INSC 90315 December 1995Dismissed
The appellants, liquor manufacturers, challenged Karnataka and Andhra Pradesh excise rules that required them to sell liquor only to a state‑owned distributor (MSIL) and imposed a steep increase in label‑approval fees. They argued that the rules violated their fundamental right to carry on trade under Article 19(1)(g),…
DEEPversusSTATE OF RAJASTHAN AND ORS.
1995 INSC 90815 December 1995Appeal(s) allowed
The appellant, Deepa, was originally accepted as a tenant of a parcel of land that formed part of a former jagir. The respondent, Ram Chandra, sought her eviction under Section 177 of the Rajasthan Tenancy Act, 1955, but the suit was dismissed because the jagir had been abolished by the Rajasthan Land Reforms and Resum…
STATE OF KERALAversusM.M. ABDUL KHADER
1995 INSC 90915 December 1995Appeal(s) allowed
The State of Kerala appealed a Kerala High Court judgment that had allowed claimants to receive additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. The sole question was whether the respondents were entitled to this additional amount given that the Collector's award was dated 21 April 1980.…
CONSTABLE DAVINDER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.
1995 INSC 91015 December 1995Dismissed
The appellants, six of the forty candidates who appeared for the constable selection, challenged the selection process alleging lack of fairness, ministerial interference, and that some selected candidates had previously served as gunmen for VIPs. The selection committee, comprising three officers, conducted a written …
UNION OF INDIA AND ORS.versusB.N. SINGH AND ORS.
1995 INSC 91115 December 1995Dismissed
The Union of India appealed to the Supreme Court under Article 136 against an order of the Central Administrative Tribunal (CAT) that had given certain directions to the respondent officer. The Court examined the service record of the first respondent, noting that his career was outstanding both before and after the pe…
UNION OF INDIAversusDULAL CHANDRA GHOSH AND ORS.
1995 INSC 91215 December 1995Dismissed
The land in question was notified for acquisition under Section 7 of the Requisition and Acquisition of Immovable Property Act, 1952 and an award was made by the Collector in 1973. The respondents refused to accept the award and, under Section 8(3) read with Rule 9, applied for the appointment of an arbitrator in 1977.…
MAHESH KUMAR AGALversusDIRECTOR GENERAL OF POLICE AND ANR.
1995 INSC 91315 December 1995Dismissed
The appellant, Mahesh Kumar Agal, a police officer, sought seniority based on his passing of the mandatory Hindi proficiency test, which was a prerequisite for promotion under the service rules. The Madhya Pradesh Administrative Tribunal rejected his claim, holding that his seniority should not be backdated. Agal appea…
KAVERI ENGINEERING INDUSTRIES LTD.versusUNITED SHIPPING CORPORATION LTD. AND ANR.
1995 INSC 91415 December 1995Appeal(s) allowed
Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs based on volume, refus…
STATE OF ORISSA AND ANR.versusSRI DAMODAR DAS
1995 INSC 90415 December 1995Appeal(s) allowed
The State of Orissa appealed against the appointment of an arbitrator under Sections 8 and 20 of the Arbitration Act, 1940, filed by contractor Sri Damodar Das. The Supreme Court examined whether Clause 25 of the water‑supply contracts, which made the decision of the Public Health Engineer final, amounted to an arbitra…
UNION OF INDIA (RAILWAY BOARD) AND OTHERSversusJ.V. SUBHAIAH AND OTHERS ETC.
1995 INSC 90515 December 1995Appeal(s) allowed
The respondents, employed by Railway Employees' Consumer Co-operative Stores registered under the Andhra Pradesh Co-operative Societies Act, 1964, sought declaration from the Central Administrative Tribunal (CAT) that they were regular railway employees in Class‑III posts entitled to salary, promotions and other benefi…
CHAMELI SINGHversusTHE STATE OF U.P.
1995 INSC 90615 December 1995Dismissed
The appellants, owners of land in Bairam Nagar, Uttar Pradesh, challenged a notification under Section 4 of the Land Acquisition Act, 1894 dated 23 July 1983, which, together with a declaration under Section 6, invoked the urgency clause of Section 17(4) and dispensed with the inquiry required by Section 5‑A, for the p…
MODI INDUSTRIES LTD., MODINAGAR ETC. ETC.versusCOMMISSIONER OF INCOME TAX, DELHI AND ANR. ETC. ETC.
1995 INSC 57415 September 1995Appeal(s) allowed
Modi Industries Ltd. challenged the assessment officer’s order that interest on excess advance tax should be payable only up to the date of the original (first) assessment and only on the excess amount determined in that assessment. The Supreme Court examined the meaning of "regular assessment" in Section 214 of the In…
HINDUSTAN LEVER LTD.versusASHOK VISHNU KATE AND ORS.
1995 INSC 57515 September 1995Dismissed
The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary proceedings that could lead…
STATE OF ANDHRA PRADESHversusKORUKONDA SURYANARAYANA CHOWDHARY
1995 INSC 57715 September 1995Appeal(s) allowed
The State of Andhra Pradesh sued Korukondasuryanarayana Chowdhary alleging that lands he had sold were to be counted towards his agricultural‑holding ceiling under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Chowdhary submitted an affidavit stating that the sale dated 16 October 1971 w…
THE STATE OF PUNJAB AND ORS.versusSHARAN PAL SINGH AND ORS.
1995 INSC 89314 December 1995Appeal(s) allowed
The State of Punjab issued notices and a declaration under the Land Acquisition Act, 1894 to acquire certain lands and an award was passed on 25 March 1985 determining compensation only for the land, leaving compensation for superstructures and trees to be decided later. The respondents challenged the award, contending…
BALKRISHNA PANDEYversusSTATE OF BIHAR AND ORS.
1995 INSC 89414 December 1995Disposed off
Balkrishna Pandey, a Junior Statistical Supervisor, was appointed on deputation to a temporary post of Senior Statistical Assistant in the Directorate of Special Employment and Planning. When the temporary post was made permanent, Pandey was reverted to his parent department, while another employee (the fifth responden…
STATE OF RAJASTHAN AND ORS.versusRAMESHWAR LAL GAHLOT
1995 INSC 89514 December 1995Appeal(s) allowed
The respondent was appointed on a temporary basis for three months or until a regular incumbent assumed office, but his appointment was terminated after 240 days. A writ petition challenged the termination, and a Single Judge held that the termination violated Section 25F of the Industrial Disputes Act, 1947, ordering …
STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.
1995 INSC 89614 December 1995Dismissed
The Supreme Court examined two appeals filed by the State of Uttar Pradesh and aggrieved persons challenging the ceiling area determined under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The appeals arose while proceedings to determine surplus land were pending. Before the appeals were file…
RAJ KUMAR AND ANR.versusOFFICIAL RECEIVER OF THE ESTATE OF M/S. CHIRANJILAL RAMCHAND, LUDHIANA AND ORS.
1995 INSC 89714 December 1995Dismissed
The appellants, sons of Nihal Chand, challenged a declaration by the Official Receiver that the insolvent partner Chiranjee Lal held a one‑third share in certain properties. They argued that the Receiver’s 1966 application under Section 4 of the Provincial Insolvency Act was barred by the six‑year limitation period und…
KARANPURA DEVELOPMENT COMPANY LTD.versusUNION OF INDIA
1995 INSC 89814 December 1995Appeal(s) allowed
Karanpura Development Company Ltd obtained a 999‑year mining lease in 1946, which was terminated when the Bihar Land Reforms Act, 1950 came into force. The company claimed compensation under Section 4(1) of the Coal Bearing Areas (Acquisition & Development) Act, 1957, relying on a 1963 notification issued under Section…
NEW INDIA ASSURANCE CO. LTD.versusMANDAR MADHAV TAMBE AND ORS.
1995 INSC 89914 December 1995Appeal(s) allowed
An accident involving two scooters occurred on 4 July 1979. The driver of the second scooter, respondent No.3, held a learner's licence that had expired in November 1977 and possessed no valid driving licence at the time of the accident. The claimant, respondent No.1, obtained a compensation award from the Motor Accide…
S.S. DARSHAN ETC.versusSTATE OF KARNATAKA & ORS.
1995 INSC 73214 November 1995Dismissed
The appellants challenged two notifications issued under the Land Acquisition Act, 1894 for acquiring 11 acres 36 gunthas of land in Bangalore, alleging that the acquisition was for a private limited company and not a public purpose, and that the urgency provisions of Section 17 could not be invoked. The State argued t…
UNION OF INDIAversusS.B. MISRA
1995 INSC 46114 August 1995Appeal(s) allowed
The respondent, a lecturer in the College of Military Engineering, was compulsorily retired following a departmental inquiry and challenged the order on the ground that he was not supplied with a copy of the inquiry report. The Central Administrative Tribunal set aside the retirement order and directed the department t…
T.N. SESHAN, CHIEF ELECTION COMMISSIONER OF INDIA ETC.versusUNION OF INDIA AND OTHERS
1995 INSC 39814 July 1995Dismissed
The case concerned the constitutional validity of the 1993 Ordinance (later Act No. 4 of 1994) that amended the Chief Election Commissioner and other Election Commissioners (Condition of Service) Act, 1991 by fixing the number of Election Commissioners at two and inserting provisions on how the Commission would transac…
DR. DAS RAO DESHMUKHversusKAMAL KISHORE NANASAHEB KADAM AND ORS.
1995 INSC 40014 July 1995Dismissed
The Supreme Court examined an election petition that challenged Dr. Das Rao Deshmukh's 1990 election to the Maharashtra Legislative Assembly on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of People Act, 1951. The petition alleged that the appellant, a Shiv Sena‑BJP candidate,…
DR. (MRS.) PUSHPA VISHNU KUMAR GURTUversusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 11314 February 1995Appeal(s) allowed
Dr. Pushpa, a Reader appointed on 11 October 1977 in a Government Medical College, challenged a seniority list issued by the Maharashtra Government that antedated the appointment of Dr. Guhe (the respondent) from 2 July 1979 to 19 January 1977, thereby making her senior. The seniority list was based on Rule 6 of the Go…
M/S BHARAT COKING COAL LTD.versusM/S C.K. AHUJA AND ANR.
1995 INSC 11414 February 1995Disposed off
The Supreme Court had earlier referred the disputes between M/s Bharat Coking Coal Ltd. and M/s C.K. Ahuja to arbitration by consent, appointing an arbitrator who rendered an award on 14 February 1994. The award was filed before the Court and notice of filing was given on 29 April 1994. The respondents filed applicatio…
M/S MOTI LAMINATES PVT. LTD. ETC.versusCOLLECTOR OF CENTRAL EXCISE, AHMEDABAD
1995 INSC 11214 February 1995Appeal(s) allowed
Mis Motilates Pvt. Ltd. and other appellants manufactured laminated sheets using phenol‑formaldehyde resin that was produced as an unstable solution (resol) and consumed only within their own process. The Central Excise Department, relying on the 1979 amendment to the Central Excise Rules, claimed that the intermediate…
VISWANATH (DEAD) BY LR.versusCHANDRA BHAN AND ORS.
1995 INSC 88813 December 1995Appeal(s) allowed
The appellant, Viswanath (deceased) by LRs, sought ejectment of the respondent who occupied land under a mortgage executed by Hanuman Singh, the brother‑in‑law of a minor, before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force. The Assistant Collector and Board of Revenue held the mortgage void …
N.G. SREEDHARAN AND ANR.versusSTATE OF KERALA
1995 INSC 88913 December 1995Case Partly allowed
A violent dispute between rival trade unions in Trichur led to the stabbing deaths of two brothers, Vincent and Davis. The accused, Al (N.G. Sreedharan) and A2 (V.K. Sudhan), were initially acquitted by the trial court, but the Kerala High Court convicted them under Section 302 read with Section 34 of the IPC. On appea…
UNION OF INDIA & ORS.versusMRS. SAROJ BALA
1995 INSC 89013 December 1995Appeal(s) allowed
Mrs. Saroj Bala, a civil servant, had her date of birth recorded as 4 April 1949 in university records and consequently in her service record when she joined the All India Revenue Service in 1972. After 18 years of service, she sought to correct her date of birth to 5 April 1950, obtaining a birth certificate and other…
KALYANversusGORAKH
1995 INSC 89113 December 1995Disposed off
The appellant purchased agricultural land from the erstwhile landlord, who was a protected tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950. The respondent, the protected tenant, filed a suit claiming rights over the land. The High Court appointed a receiver and ordered the appellant to deposit a sum …
KALIDAS UMEDRAM AND ORS.versusSTATE OF GUJARAT AND ANR.
1995 INSC 89213 December 1995Dismissed
The appellants were allotted 2 acres 9 guntas of land for agricultural purposes on the condition that it could not be used for any other purpose without written permission. They sold a portion of the land for building purposes and applied for permission to use the land for non‑agricultural purposes, but no order was pa…
PLEASANT STAY HOTEL AND ANR.versusPALANI HILLS CONSERVATION COUNCIL AND ORS.
1995 INSC 57013 September 1995Disposed off
The Pleasant Stay Hotel obtained a two‑storey plan for a hotel at Kodaikanal, but after the Kodaikanal Township Committee rejected its revised plan for additional floors, the hotel proceeded to construct several extra floors in violation of the sanctioned plan and the Tamil Nadu District Municipalities Act, 1920. The P…
SAWAN RAM MALRAversusUNION OF INDIA AND ORS.
1995 INSC 57113 September 1995Appeal(s) allowed
The appellant, a Head Sorting Assistant in the Railway Mail Service, applied for the Departmental Competitive Examination for the 6% quota of Postal Superintendent/Postmasters Group B posts reserved for General Line Officials. Although his name appeared in the list of selected candidates, he was excluded from the final…
LARSEN AND TOUBRO LTD.versusMAHARASHTRA STATE ELECTRICITY BOARD AND ORS.
1995 INSC 57213 September 1995Appeal(s) allowed
Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all guarantees except the per…
MADHUKAR BAKRU PINGALversusSHRI RAJENDRA D. GAIKWAD AND ORS.
1995 INSC 56713 September 1995Appeal(s) allowed
The appellant, Madhukar B. Pingal, was selected and appointed as Police Patil based on a selection scheme that allotted 50 % of the total marks to a written test and 50 % to a viva‑voce. An unsuccessful candidate (Respondent‑I) challenged the appointment before the Maharashtra Administrative Tribunal, which held that t…
DILAWAR SINGH (DEAD) THROUGH LRS.versusADDL. DISTRICT JUDGE, GHAZIABAD
1995 INSC 56813 September 1995Dismissed
The appellant, Dilawar Singh (deceased) through his legal representatives, filed a return under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, claiming that he had gifted several parcels of land to his grand‑nephew. The Prescribed Authority and the lower appellate court held that the gift d…
G. SRIDHARAMURTIversusHINDUSTAN PETROLEUM CORPORATION LTD. AND ANR.
1995 INSC 56913 September 1995Dismissed
The landlord leased premises to Esso Company in 1969. When Esso merged into Hindustan Petroleum Corporation Ltd (HPC) in 1974, the landlord filed an eviction suit under the Karnataka Rent Control Act, 1961 alleging sub‑letting. The lower courts dismissed the suit, holding that under the Esso (Acquisition of Undertaking…
STATE OF MAHARASHTRA AND ORS.versusPANDURANG K. PANGARE AND ORS .
1995 INSC 11113 February 1995Disposed off
The State of Maharashtra, through MHADA, filed contempt and perjury applications against P.K. Pangare alleging that he misled the Supreme Court by denying construction on land covered by a prohibitory order. Pangare had sold the land before the order, and construction was subsequently carried out by later owners, notab…
DINESH PRASAD YADA VversusSTATE OF BIHAR AND ORS.
1995 INSC 3313 January 1995Appeal(s) allowed
Dinesh Prasad Yadav, a member of the Managing Committee of the Katihar District Central Co‑operative Bank, was elected on 20 January 1991, but the State Government, a major shareholder, made its statutory nominations only on 2 March 1993. The State Government then ordered that the Committee's three‑year term would end …
SANTOSH KUMAR SINGHversusTHE STATE OF U.P. & ORS. ETC.
1995 INSC 87812 December 1995Dismissed
Santosh Kumar Singh was appointed as a lecturer in Agronomy at Durgaji Post Graduate College while still a student, first on 1 January 1984 and later on 1 October 1985, despite not possessing the minimum qualifications prescribed by the University Statute. The appellant claimed that the ad‑hoc appointments were permiss…
M/S. CHANDRAPUR MAGNET WIRES (P) LTD., NAGPURversusCOLLECTOR OF CENTRAL EXCISE, CENTRAL EXCISE COLLECTORATE,NAGPUR
1995 INSC 87912 December 1995Appeal(s) allowed
M/s Chandrapur Magnet Wires (P) Ltd manufactured enamelled copper winding wires using duty‑paid copper wire bars. Certain final products were exempt from excise duty under Notification 69/86‑CE (as amended by 106/88), which required that no credit be taken on the inputs under Rule 57A of the Central Excise Rules. The a…
THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD AND ANR. ETC. ETC.versusM.R.F. LIMITED ETC. ETC.
1995 INSC 88012 December 1995Appeal(s) allowed
M.R.F. Ltd. had an agreement with the Kerala State Electricity Board (KSEB) to pay electricity charges within 15 days, with interest of 18% per annum on delayed payments. KSEB revised its tariffs in 1980, 1982 and 1984, which were struck down by the Kerala High Court, leading the company to pay only the unrevised rates…
MALIKARJUNAPPA SHIVMURTHAPPA SINCE DECEASED BY HIS HEIRSversusSTATE OF MAHARASHTRA
1995 INSC 88112 December 1995Dismissed
The appellant's truck was seized by police for non‑payment of tax under the Motor Vehicles Act. The trial court held the seizure illegal due to the officer's alleged incompetence but denied damages, citing the appellant's contributory negligence. The High Court reversed, finding the officer competent to seize and affir…
UNION OF INDIA AND ANR.versusM/S. MURUGAN TALKIES
1995 INSC 88212 December 1995Disposed off
The Union of India challenged the validity of Sections 24 and 25 of the Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 and a 1986 notification requiring employers and employees to contribute to a provident fund. The Madras High Court upheld the Act but ordered the respondent, Mis. Murugan …
DHARAMDEOversusBIJARAT AND ORS.
1995 INSC 88312 December 1995Dismissed
The Supreme Court examined the constitutional validity of the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972, which sought to eliminate letter‑patent appeals in land‑reform matters. Petitioners contended that the Act exceeded State legislative competence, violated Article 14’s equality guar…
SULTAN SINGHversusSTATE OF HARYANA AND ANR.
1995 INSC 88512 December 1995Disposed off
The appellant, a workman, was terminated and his demand for reinstatement was rejected. He applied to the State Government for a reference of the dispute under Section 10(1) of the Industrial Disputes Act, 1947; the first application was refused and a second application was also rejected on the ground that the earlier …
MOHAN LAL (DECEASED) THROUGH HIS LRS. KACHRU AND ORS.versusMIRZA ABDUL GAFFAR AND ANR.
1995 INSC 88612 December 1995Dismissed
The appellant obtained possession of the suit lands in 1956 under a sale agreement, having paid only part of the consideration and later filed a suit for specific performance which was dismissed. The respondent purchased the lands in 1960 and sued for possession, obtaining a decree in the trial court that was reversed …
DAKAYA @ DAKAIAHversusANJANI
1995 INSC 61912 October 1995Appeal(s) allowed
The tenant defaulted on rent for September‑November 1988 and, after receiving a notice, paid Rs.375 on December 7 and sent a bank draft of Rs.1125 covering the entire arrears on December 12, which the landlord did not encash and later deposited before the Rent Controller. The landlord filed an eviction petition under S…
DHAYANAND ETC. ETC.versusUNION OF INDIA AND ORS.
[1995] SUPP. 3 S.C.R. 53312 September 1995Appeal(s) allowed
The petitioners, former servicemen re‑employed in the Union Territory of Chandigarh after 1 Nov 1966, claimed that the Punjab Government National Emergency (Concession) Rules, 1965 should apply to them for increments, seniority, promotion and pension. The Union Territory argued that the 1965 Rules were only applicable …
MUNICIPAL COMMISSIONER, CHINCHWAD NEW TOWNSHIP MUNICIPAL COUNCILversusM/S. CENTURY ENKA LTD.
1995 INSC 56512 September 1995Dismissed
The Chinchwad New Township Municipal Council passed a resolution exempting octroi on initially imported plant and machinery for a "new industrial undertaking" and clarified that a new industry is not one formed by splitting up or reconstructing an existing business. Century Enka Ltd. set up a second unit to manufacture…
SARDAR DILSHAR SINGHversusTHE LABOUR COMMISSIONER AND ANR.
1995 INSC 56212 September 1995Dismissed
The appellant, a partner in a firm, was subject to a Labour Court certificate directing the District Collector to recover Rs. 62,843.50 as arrears of land revenue under the Punjab Land Revenue Act, 1887. When a bailiff attempted to attach his movable property, the appellant promised to appear before the Collector but f…
DR. (MRS.) VIMALversusBHAGUJI AND ORS.
1995 INSC 37212 May 1995Appeal(s) allowed
The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting corrupt practice under…
THE CHAIRMAN AND MANAGING DIRECTOR, SIPCOT, A MADRAS - 8 AND ORS.versusCONTROMIX PVT. LTD. BY ITS DIRECTOR (FINANCE) SEETHARAMAN, MADRAS AND ANR
1995 INSC 37312 May 1995Appeal(s) allowed
Contromix Pvt. Ltd. (Respondent No.1) obtained a term loan of Rs 38 lakhs and a soft loan of Rs 6.8 lakhs from SIPCOT, a State Financial Corporation, and executed a mortgage. The company repeatedly defaulted despite several reschedulings, leading SIPCOT to foreclose, take possession of the mortgaged assets and attempt …
SARWAN SINGH LAMBA AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS.
1995 INSC 37012 May 1995Appeal(s) allowed
The Supreme Court examined the appointments of the Vice‑Chairman and four members of the Madhya Pradesh State Administrative Tribunal, which had been challenged by three police inspectors through a public‑interest litigation. The High Court had quashed the appointments, holding that the procedure violated the direction…
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT AND ORS. ETC. ETC.versusT.R. RAMESHKUMAR AND ORS. ETC.
1995 INSC 37412 May 1995Appeal(s) allowed
The Kerala Government established two self‑financing engineering colleges run by societies fully controlled by the State. The scheme fixed 75% open‑merit seats, 10% reserved for SC/ST at half fees, and 15% NRI quota, with a Rs.1 lakh refundable deposit (exempt for SC/ST) and a $5,000 non‑refundable NRI charge. The appe…
GOVERNMENT OF ANDHRA PRADESHversusP.B. VIJAYAKUMAR AND ANR.
1995 INSC 37512 May 1995Appeal(s) allowed
The Government of Andhra Pradesh introduced Rule 22‑A in its State Subordinate Service Rules, mandating that where men and women are equally suited and equally meritorious, at least 30% of the posts in each category of O.C., B.C., S.C. and S.T. must be filled by women. P.B. Vijayakumar challenged this provision as viol…
SWAPAN KUMAR CHOUDHARY AND ORS.versusTAPAS CHAKRAVORTY
1995 INSC 37612 May 1995Appeal(s) allowed
The West Bengal Factories Service comprised three categories of inspectors – general, chemical and medical – each with separate recruitment rules and pay scales. After the Bhopal disaster, the State created a chemical cadre with a lower pay scale and limited promotional prospects, prompting chemical inspectors to seek …
LACHHMAN DASversusSANTOKH SINGH
1995 INSC 37712 May 1995Appeal(s) allowed
Lachhman Das, a landlord, filed an eviction suit against tenant Santokh Singh under the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging arrears of rent, tethering cattle, and abandonment of the premises. The Rent Controller found the landlord entitled to evict, noting the tenant had paid arrears, there…
STATE OF MAHARASHTRAversusDIGAMBAR
1995 INSC 37112 May 1995Appeal(s) allowed
During the severe drought of 1971‑72, the Maharashtra government undertook scarcity‑relief road works, taking land without compensation. In 1991, an agriculturist filed a writ petition under Article 226 seeking compensation, alleging a 20‑year delay (laches). The Bombay High Court dismissed the laches defence and grant…
G.C. KANUNGOversusSTATE OF ORISSA
1995 INSC 37812 May 1995Case Allowed
The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively nullified those awards, e…
B. GANGADHARversusB.G. RAJALINGAM
1995 INSC 37912 May 1995Dismissed
The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the execution warrant was issu…
MORESHWAR SAVEversusDWARKADAS YASHWANTRAO PATHRIKAR
1995 INSC 87211 December 1995Appeal(s) allowed
Moreshwar Save was elected from the Aurangabad parliamentary constituency, but his election was set aside by the Bombay High Court on the ground that corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, were committed through speeches by Manohar Joshi and Bal Thackeray. The…
INCOME TAX OFFICERversusCH. ATCHAIAH
1995 INSC 87611 December 1995Appeal(s) allowed
The respondents, Atchaiah and Kondal Reddy, bought land that was later acquired by the government and received compensation, part of which was treated as capital gain and taxed individually in assessment years 1965-66 and 1968-69. In 1972 the Income Tax Officer (ITO) issued a notice under s.148 alleging unassessed inco…
SALAUDDIN ABDULSAMAD SHAIKHversusTHE STATE OF MAHARASHTRA
1995 INSC 87511 December 1995Disposed off
The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure, and the High Court granted an ad‑interim order valid until 26 September 1995, imposing a condition that he report daily to the police station. Upon expiry of that order, the High Court judge directed the petitioner to file a re…
COMMISSIONER OF INCOME TAXversusSMT. PELLETI SRIDERAMMA, NELLORE
1995 INSC 61211 October 1995Appeal(s) allowed
Smt. P. Srideramma gifted Rs 90,000 to her minor son in FY 1956‑57, which was immediately used to buy a house that she employed for her mica‑mining business. Eight years later the house was sold, yielding a capital gain of Rs 58,000. The Assessing Officer included the gain in Srideramma’s total income under Section 64(…
KARNEL SINGHversusTHE STATE OF M.P.
1995 INSC 45211 August 1995Dismissed
The Supreme Court examined the appeal of Karnel Singh, convicted under Section 376 IPC for raping a female labourer, Panchbai, at a factory on 28 August 1987. The prosecution presented the victim's testimony, medical evidence of semen stains on her petticoat and in her vagina, and noted the absence of physical injuries…
STATE OF KARNATAKA AND ORS.versusNARASIMHA MURTHY AND ORS.
1995 INSC 45311 August 1995Appeal(s) allowed
The State of Karnataka, under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, issued a notification under Section 3(1) announcing its intention to acquire land for house sites for the weaker sections. The land’s recorded owner was served notice, but the notification did not mention the name of the…
N.A. MUNAVAR HUSSAIN (DEAD) BY LRS. AND ANR.versusE.R. NARAYANAN (DEAD) AND ORS.
1995 INSC 38811 July 1995Appeal(s) allowed
The case arose from a lease of land in Madurai on which a theatre was built. After a compromise decree in 1955, the defendants failed to remove the superstructure and the appellants sought execution. The defendants filed applications under the Madras City Tenants' Protection Act, 1921 for compensation, which were dismi…
RAJ KUMAR AND ANR.versusSTATE OF PUNJAB AND ANR.
1995 INSC 2511 January 1995Dismissed
The State of Punjab acquired 56 acres of land for a grain market. The Land Acquisition Officer initially fixed the market value at Rs 24,000 per acre for the first 22 karmas (belting) and Rs 20,000 per acre for the rest. The Additional District Judge and later the Punjab & Haryana High Court enhanced the belting value …
DAKSHABEN B. PATELversusTHE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.
1995 INSC 71210 November 1995Appeal(s) allowed
Dakshaben B. Patel appealed against the Administrator of the UT of Daman and Diu after the Central Administrative Tribunal extended her time by six months to obtain an M.Phil degree. She secured the degree within the extended period, and a notification dated 6 July 1992 confirmed her eligibility. The respondents had no…
STATE OF U.P.versusMIS RAM NATH INTERNATIONAL CONSTRUCTION PVT. LTD.
1995 INSC 71810 November 1995Appeal(s) allowed
The State of Uttar Pradesh entered into a construction contract with Ram Nath International for dam works, but design changes caused a substantial increase in the quantity of work. The contractor claimed a higher rate for the extra work, which the arbitrator accepted and awarded, also directing that work done after 30 …
THE BLHAR STATE BOARD OF HOMEOPATHY MEDICINE, PATNAversusTHE STATE OF BIHAR AND ORS.
1995 INSC 60810 October 1995Appeal(s) allowed
The Bihar State Board of Homeopathy Medicine, constituted under the Bihar Development of Homeopathy System of Medicine Act, 1953, passed a resolution on 14 May 1988 abolishing eight Homeopathic Chikitsak posts, six of which were held by petitioners. The Patna High Court held that the Board was not duly constituted beca…
SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 36310 May 1995Disposed off
The petitioners, Hindu wives, challenged the validity of their husbands' second marriages after the husbands converted to Islam without dissolving the first Hindu marriage. The Court examined whether conversion to Islam permits a Hindu husband to contract a second marriage, whether such a marriage is valid under the Hi…
STATE OF MADHYA PRADESH AND ORS.versusM/S. BIRLA JUTE MANUFACTURING CO. LTD.
1995 INSC 36410 May 1995Appeal(s) allowed
The State of Madhya Pradesh appealed against a Madhya Pradesh High Court judgment that had held the electricity duty payable by Mis. Birla Jute Manufacturing Co. Ltd. for power consumed at its limestone mine premises should be calculated at the lower rate under Item (2) of the Table to Section 3 of the Madhya Pradesh E…
T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1995 INSC 35810 May 1995Disposed off
The Supreme Court, acting suo motu, examined a contempt petition filed by T.M.A. PAI FOUNDATION after discovering that the Government of Maharashtra had issued rules reserving fifteen percent of seats in medical, dental and engineering colleges for NRIs/foreign students, contrary to its earlier orders of 5 April 1994 a…
STATE OF JAMMU AND KASHMIRversusSUDERSHAN CHAKKAR AND ANR.
1995 INSC 36510 May 1995Appeal(s) allowed
The State of Jammu & Kashmir prosecuted Sudershan Chakkar and others, alleging criminal conspiracy and misappropriation of foodgrains and empty bags worth Rs. 3,22,119.36, involving forged documents. The trial judge discharged two respondents, holding that the evidence showed only negligence, not a conspiratorial desig…
STATE OF HIMACHAL PRADESHversusH.P. STATE RECOGNISED AND AIDED SCHOOLS MANAGING COMMITTEES AND ORS.
1995 INSC 35910 May 1995Dismissed
The teachers of recognised private aided schools in Himachal Pradesh filed a writ petition seeking salary parity with government school teachers and a 95% grant‑in‑aid for their schools. The State argued that its financial capacity did not permit such disbursement and relied on a statutory maximum limit on the grant. T…
INDER SINGHversusSTATE OF PUNJAB AND ORS.
1995 INSC 36010 May 1995Disposed off
The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the victims were unlawfully…
VIDYA DEVI@ VIDYA VATI(DEAD)versusPREM PRAKASH AND ORS.
1995 INSC 36110 May 1995Appeal(s) allowed
Vidya Devi, a co‑bhumidhar of a Delhi landholding, filed a partition suit under Section 55(1) of the Delhi Land Reforms Act, 1954. Prem Prakash, another co‑bhumidhar, defended the suit by claiming exclusive title over the whole land by adverse possession since 1953‑54 and asked that the question of title be referred to…
M/S. RAMNARAYAN SATYANARAYAN AGRAWALversusASSOCIATED ALCOHOLS AND BREWERIES LTD. AND ORS.
1995 INSC 36210 May 1995Appeal(s) allowed
The appellant, Mis. Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd., employed only 22 workers and sought to manufacture potable alcohol under a state‑granted permission. Respondents, Associated Alcohols & Breweries Ltd. and others, challenged the appellant's tender, arguing that only a licence from the Central G…
K. POSAYYA AND ORS.versusSPECIAL TAHSILDAR
1995 INSC 36610 May 1995Dismissed
The appellants, K. Posayya and others, owned 163.80 acres of rain‑fed agricultural land acquired under the Land Acquisition Act, 1894 for the Vengalrayasagar project. The initial award fixed compensation at Rs 400 per acre; the Subordinate Judge enhanced it to Rs 22,000 per acre, but the Andhra Pradesh High Court reduc…
LIC OF INDIA AND ANR.versusCONSUMER EDUCATION AND RESEARCH CENTRE AND ORS. ETC.
1995 INSC 36710 May 1995Dismissed
The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and violative of Articles 14, 19…
TEJ KAUR AND ANR.versusKIRPAL SINGH AND ANR.
1995 INSC 36810 May 1995Dismissed
The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court examined whether, under Sec…
FAKRUDDINversusTHE PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE AND ORS.
1995 INSC 36910 May 1995Disposed off
The Supreme Court heard an appeal against the Patna High Court's dismissal of a writ petition concerning the allotment of 'Chaks' in consolidation proceedings, a matter that did not raise any question of title. The Court set aside the High Court order not because of the merits of the dispute but because the bench that …
HINDUSTAN STEEL WORKS CONSTRUCTION LTD. ETC.versusHINDUSTAN STEEL WORKS CONSTRUCTION LTD. EMPLOYEES UNION, HYDERABAD AND ANR. ETC.
1995 INSC 10910 February 1995Appeal(s) allowed
Hindustan Steel Works Construction Ltd., a wholly government‑owned construction company, completed a project at Hyderabad employing 230 workmen. After the project ended, 130 workers were transferred to its Visakhapatnam unit while 100 were retrenched. The Industrial Tribunal held that the Hyderabad unit was part of a s…
AMRIT BANASPATI CO. LTD.versusUNION OF INDIA AND ORS.
1995 INSC 11010 February 1995Dismissed
Amrit Banaspati Co. Ltd., a vanaspati manufacturer in Uttar Pradesh, transports its products into Delhi where the Delhi Municipal Corporation Act, 1957 imposes a terminal tax under Section 178 on all goods brought from outside the Union Territory. The company challenged the tax as a direct and immediate restriction on …
R.K. SABHARWAL AND ORS.versusTHE STATE OF PUNJAB
1995 INSC 10810 February 1995Disposed off
The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class candidates already prom…
AYUB KHANversusDEEP KUMAR CHAWLA AND ORS. ETC.
1995 INSC 2310 January 1995Dismissed
Ayub Khan purchased a family property from Gopal Krishan Chawla, the Karta of a Hindu joint family, after obtaining a decree for specific performance. The Karta's children, including his daughters Meeka and Madhu, and the tenants of the property filed suits claiming pre-emption under the Punjab Pre-emption Act, 1913. T…
ASHOK KUMAR AND ORS.versusTHE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD AND ORS.
1995 INSC 7079 November 1995Dismissed
The Supreme Court examined the recruitment process of the State Bank of India and other nationalised banks, where the Banking Service Recruitment Board prepared a select list containing far more candidates than the vacancies notified. The petitioners argued that this practice violated their constitutional right to cons…
THE STATE OF MAHARASHTRA AND ANR.versusUMASHANKAR RAJABHAU AND ORS.
1995 INSC 7089 November 1995Appeal(s) allowed
The State of Maharashtra sought to acquire about five acres of land for staff quarters, publishing a notification under Section 4(1) of the Land Acquisition Act on 11 September 1970, a declaration under Section 6 on 29 July 1971 and making the award on 15 September 1971. Before the notification, respondents 1‑3 had bou…
VASANTHAN FOUNDRYversusUNION OF INDIA AND ORS.
1995 INSC 4479 August 1995Appeal(s) allowed
Vasanthan Foundry, a manufacturer of rough cast iron castings, challenged a Tamil Nadu Government circular dated 14 September 1993 that re‑characterised such castings as distinct from "cast iron" and thus not "declared goods" under the Tamil Nadu General Sales Tax Act, 1959, leading to higher tax assessments. The appel…
BRIG. (RETD) D.K JETLEYversusARMY WELFARE HOUSING ORGANISATION AND ANR.
1995 INSC 3469 May 1995Disposed off
The Army Welfare Housing Organisation (AWHO) was tasked with constructing 422 flats in Som Vihar, New Delhi, and invited applications from serving and retired army officers in 1979. Four senior officers – Brig. D.K. Jetley, Col. Dahiya, Col. Gupta and Col. Khandpur – each claimed entitlement to two of the flats, relyin…
STATE OF MADHYA PRADESHversusSHYAMSUNDER TRIVEDI AND ORS.
1995 INSC 3559 May 1995Appeal(s) allowed
The deceased Nathu Banjara was brought to Rampura police station as a murder suspect, beaten and tortured by Sub‑Inspector Shyamsunder Trivedi, Head Constable Rajaram and Constable Ganniuddin, and died in custody. The police attempted to conceal the death by preparing false death reports and panchnamas and seeking crem…
ASSTT. GEN. MANAGER, CENTRAL BANK OF INDIA ETC.versusCOMMISSIONER, MUNICIPAL CORPORATION, AHMEDABAD ETC. ETC.
1995 INSC 3569 May 1995
The Supreme Court considered appeals by the Central Bank of India, acting as a tenant, against the Commissioner of the Ahmedabad Municipal Corporation concerning property tax assessments. The issues were whether a tenant has the standing to file a complaint and appeal under the Bombay Provincial Municipal Corporation A…
NATWAR TEXTILE PROCESSORS PVT. LTD. AND ANR.versusUNION OF INDIA AND ORS.
1995 INSC 139 January 1995Disposed off
The Central Excise Authorities issued a show‑cause notice on 28 December 1983 alleging that Natwar Textile Processors had removed cotton fabrics worth Rs 62 crore without paying excise duty. The appellant repeatedly challenged the notice through writ petitions, Special Leave Petitions and appeals, many of which were wi…
U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.
1995 INSC 149 January 1995Disposed off
The Supreme Court considered an appeal by U.P. Jal Nigam challenging the contention of several applicants that the selection committee it constituted to interview candidates for recruitment under the Service of Engineers (Public Health Branch) Regulations, 1977 was not authorized. The applicants argued that Rule 16 of …
SMT. SUDHA SHRIVASTAVAversusTHE COMPTROLLER AND AUDITOR GENERAL OF INDIA
1995 INSC 6968 November 1995Appeal(s) allowed
S.S. Shrivastava, a member of the Indian Audit and Accounts Service, was convicted under the Prevention of Corruption Act, 1972, but died while his appeal was pending. The High Court set aside the conviction, and his wife, as his legal heir, claimed retrospective promotion and related monetary benefits that would have …
PURI MUNICIPAL COUNSEL AND ORS.versusINDIAN TOBACCO CO. LTD.
1995 INSC 7008 November 1995Dismissed
The Puri Municipal Council imposed octroi tax on marine fish and prawns found in the possession of non‑fishermen within the municipal limits without payment of the entry tax. Indian Tobacco Co. Ltd. challenged the levy, and the Orissa High Court dismissed the municipality's claim. On appeal, the Supreme Court examined …
J. VASUDEVANversusT.R. DHANANJAYA
1995 INSC 5478 September 1995Rejected
The Supreme Court sentenced a State Government officer, J. Vasudevan, to one month’s simple imprisonment for wilful disobedience of its order. The officer applied for remission of the sentence invoking the Court’s mercy jurisdiction, while a colleague had approached one of the judges to seek mercy for Vasudevan, an act…
STATE OF BIHAR AND ORS.versusTATA ENGINEERING AND LOCO.CO. LTD. AND ANR.
1995 INSC 5488 September 1995Disposed off
The State of Bihar appealed against Tata Engineering & Loco Co. Ltd. and another party concerning the grant of a mining lease that had already expired. The appeal arose after a related civil appeal (No. 3996/87) was withdrawn, raising the question of whether the High Court's earlier judgment should bind the State in fu…
UNION OF INDIAversusAJOY KUMAR PATNAIK
1995 INSC 5508 September 1995Appeal(s) allowed
The respondent, Ajoy Kumar Patnaik, a Collector of Customs (Appeals), was compulsorily retired under Fundamental Rule 56(j) on the ground of "doubtful integrity" after a screening committee cited his misclassification of tariff items and disposal of appeals contrary to import policy, which allegedly benefitted dealers.…
NOTIFIED AREA COMMITTEE AND ANR.versusDES RAJ AND ORS.
1995 INSC 4458 August 1995Appeal(s) allowed
The dispute concerned lands that were originally used for common purposes, later recorded as shamilat deh and vested in a Gram Panchayat under Section 3(a) of the Punjab Village Common Land (Regulation) Act, 1953. After mutation under the Haryana Municipal Common Land (Regulation) Act, 1974 (later declared void), the f…