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Supreme Court of India

Judgments of 1995

917 judgments, newest first — showing 401–600.

UMED INDUSTRIES AND LAND DEVELOPMENT CO. AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1995 INSC 4717 January 1995Appeal(s) allowed

The Rajasthan Urban Improvement Act, 1959 was used to acquire land, and the Additional Collector fixed a market value. The claimants appealed for higher compensation, solatium and interest, while the State appealed the interest awarded. The District Court awarded compensation in 1983 and reduced interest, and the High

UNION OF INDIAversusSH. SHIVKUMAR BHARGAVA AND ORS.

1995 INSC 4817 January 1995Appeal(s) allowed

The respondent filed a writ petition seeking an alternative site after his land was acquired for public purpose, arguing that he was the owner when the acquisition was finalized. The Single Judge had allowed the petition, but the Division Bench dismissed the appeal on limitation grounds, which the Supreme Court condone

STATE OF KERALA AND ANR.versusBETTY W/O L.J. MANI AND ANR.

1995 INSC 4917 January 1995Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that had granted statutory benefits under the Land Acquisition (Amendment) Act, 1984 to respondents whose land was acquired. The land was notified for acquisition in 1974, possession taken in 1977, and compensation enhanced by a subordinate judge in 1980. The High

SAMA ALANA ABDULLAversusSTATE OF GUJARAT

1995 INSC 73916 November 1995Dismissed

The appellant, Sama Alana Abdulla, was accused of passing a BSF‑prepared map of an underground water pipeline to Pakistani intelligence. During a raid, police recovered the map from his house; a surviving panch witness did not corroborate the recovery, while two police officers who were part of the raid testified that

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

COMMISSIONER_ OF INCOME TAX, KANPURversusKAMLA TOWN TRUST

1995 INSC 74116 November 1995Disposed off

The Supreme Court examined two tax disputes. In Commissioner of Income Tax, Kanpur v. Kamla Town Trust, a trust created in 1941 for workers’ housing was rectified in 1945 and 1955; the Court held that the 1945 deed did not create a public charitable trust, denying exemption for 1949‑55, but the 1955 deed had wholly cha

SMT. CHANDAN BILASINI (DEAD) BY LRS. ETC.versusAFTABUDDIN KHAN AND ORS. ETC.

1995 INSC 74216 November 1995Disposed off

The plaintiff, a widow, adopted Amaresh Sarkar on 24 August 1965 under the Hindu Adoptions and Maintenance Act, 1956, and executed a registered deed acknowledging the adoption. The natural father later executed a deed acknowledging the adoption. The trial court held the adoption valid, but the High Court reversed, draw

ASHWANI KUMAR AND ORS. ETC. ETC.versusSTATE OF BIHAR AND ORS. ETC. ETC.

1995 INSC 74316 November 1995Disposed off

The Supreme Court examined the massive appointment of over 6,000 Class III and IV employees by Dr. A.A. Mallick, Deputy Director of the Tuberculosis Scheme, without written orders and in violation of the 1980 and 1982 recruitment circulars. The appellants claimed that their casual appointments were not to any post, tha

PRABHAVATI DEVIversusUNION OF INDIA AND ORS.

1995 INSC 74416 November 1995Appeal(s) allowed

The appellant, widow of Bipin Kumar Rai, claimed family pension after her husband, who had been employed by Indian Railways first as a casual worker and later as a "substitute" from 27‑04‑1983 until his death on 05‑01‑1987, died. While the Railways paid the death gratuity, they denied the family pension, and the Centra

SUDHIR BROTHERSversusDELHI DEVELOPMENT AUTHORITY AND ANR.

1995 INSC 74516 November 1995Appeal(s) allowed

The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum together with 12 % sim

BRISA MUNDAversusCHANDO KUMARI @ MOST DUMARI AND ORS.

1995 INSC 74616 November 1995Appeal(s) allowed

The appellant, a tribal resident of Chhotanagpur, filed an application under section 46(4)(a) of the Chhota Nagpur Tenancy Act, 1908 seeking possession of land that his father had surrendered and which was subsequently settled in favour of the respondents. The Deputy Commissioner rejected the application, but the revis

AMITA KAUSHISH AND ORS.versusSANJAY KAUSHISH AND ORS.

1995 INSC 74816 November 1995Disposed off

The Supreme Court entertained an appeal under Article 136 seeking special leave to direct the Delhi High Court to fix an early date for the final hearing of a pending appeal. The High Court had earlier ordered the matter to be listed for hearing on October 17, 1994, but the date had lapsed and the appeal remained undec

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

STATE OF M.P. AND ORS.versusSHYAMA PARDHI ETC. ETC.

1995 INSC 75016 November 1995Appeal(s) allowed

The Madhya Pradesh Public Health and Family Welfare Department’s 1989 recruitment rules for Auxiliary Nurse‑cum‑Midwife (ANM) required a 10+2 qualification with Physics, Chemistry and Biology. The respondents, who lacked this qualification, were nevertheless selected by the District Medical Officer for training and sub

STATE OF TAMIL NADU AND ANR. ETC.versusMAHALAKSHMI AMMAL AND ORS. ETC.

1995 INSC 75116 November 1995Appeal(s) allowed

The State acquired land under the Land Acquisition Act, 1894, publishing a notification in 1978, making an award in 1986 and taking possession later that year. The respondents challenged the acquisition on grounds of alleged discrimination under Article 14, the effect of an errata notification, irregular service of not

SANJAY DUTTversusSTATE OF MAHARASHTRA

1995 INSC 62516 October 1995Appeal(s) allowed

The appellant, Sanjay Dutt, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959 for the Bombay bomb blast. His bail application was rejected by the Designated Court. Following the Supreme Court’s direction in Kartar Singh v. State of Punjab, Central and State R

DEVA RAM AND ANR.versusISHWAR CHAND AND ANR.

1995 INSC 62716 October 1995

The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court dismissed it as barred by

STATE OF U.P.versusRAMESH CHANDRA SHARMA AND ORS.

1995 INSC 62816 October 1995Case Partly allowed

Three advocates appointed as Additional District Government Counsel (Criminal) in Uttar Pradesh had their term renewed repeatedly until the State Government denied further renewal on 1 October 1992. The Allahabad High Court quashed the denial as an arbitrary action, holding that the reason given—lack of a district reco

B.N. AGARWALLAversusSTATE OF ORISSA

1995 INSC 62916 October 1995Dismissed

B.N. Agarwala obtained an arbitration award of Rs 95,003 on 26 March 1983, the same day the Arbitration (Orissa Amendment) Act, 1982 came into force. The State of Orissa challenged the award, arguing that Section 41‑A(7) of the amendment automatically transferred any pending arbitration in which no award had been made

SHER SINGH AND OTHERSversusUNION OF INDIA AND ORS.

1995 INSC 62616 October 1995Dismissed

The appellants, qualified librarians of Delhi University, claimed that a parity in pay scales with teaching staff, granted from 1961 to 1973, should be restored retrospectively after the government discontinued it in 1973 and only reinstated it prospectively in 1980. They argued that the two categories of employees hav

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

STATE OF MAHARASHTRAversusMANUBHAI PRAGAJI VASHI AND ORS.

1995 INSC 46316 August 1995Dismissed

The Supreme Court upheld a Bombay High Court order directing the State of Maharashtra to extend its grant‑in‑aid and pension‑cum‑gratuity schemes to all recognised private law colleges. The Court held that the State’s refusal to provide these benefits to private law colleges, while extending them to other non‑governmen

STATE OF KERALA ETC.versusT.R. UDAY SANKARAN AND ORS. ETC.

1995 INSC 46416 August 1995Appeal(s) allowed

The State of Kerala acquired land under the Kerala Land Acquisition Act, 1961, issuing a notification on 22 June 1976 and an award in 1977. The Additional Subordinate Judge enhanced the compensation on 24 June 1980. The claimants sought the benefit of the 1984 amendment to the Central Land Acquisition Act, 1894, specif

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(

MOOL CHAND AND ORSversusDY. DIRECTOR, CONSOLIDATION AND ORS

1995 INSC 46616 August 1995

The Supreme Court considered two civil appeals arising from partition suits that were pending when a village was notified for consolidation under the Uttar Pradesh Consolidation of Holdings Act, 1967. The appellants argued that the notification and the resulting abatement under Section 5(2) of the Act nullified both th

SPECIAL LAND ACQUISITION OFFICERversusN.S. TAKKALAKI AND ORS.

1995 INSC 46716 August 1995Appeal(s) allowed

The State Government appealed a Karnataka High Court decision concerning lands acquired under a notification issued on 23 January 1980 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer had made an award on 28 March 1980, and the claimants later sought an additional amount calculated at

SPECIAL LAND ACQUISITION OFFICERversusPUTTAIAH AND ORS.

1995 INSC 46816 August 1995Appeal(s) allowed

The Special Land Acquisition Officer (the State) awarded compensation under Section 11 of the Land Acquisition Act, 1894, but a dispute arose over its apportionment. The Collector referred the matter to a civil court under Section 30, depositing the compensation amount in that court as required by Section 31. The civil

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

STATE OF BIHAR AND ORS.versusSACHCHLDANAND KISHORE PRASAD SINHA AND ORS.

1995 INSC 3916 January 1995Appeal(s) allowed

The State of Bihar and the Patna Municipal Corporation challenged the validity of the Assessment of Annual Rental Value of Holding Rules, 1993 and two notifications issued by the corporation, which classified holdings by road categories and type of construction and fixed rental rates per square foot. The Patna High Cou

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

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

KARTIK MALHARversusSTATE OF BIHAR

1995 INSC 73515 November 1995Dismissed

Kartik Malhar was convicted of murder under Section 302 IPC and sentenced to life imprisonment based primarily on the testimony of Fulmani, the widow of the deceased, after two other eye‑witnesses turned hostile. The appellant argued that a conviction could not rest on a single, highly interested witness and that the l

MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1995 INSC 73615 November 1995Disposed off

Mrs. Paramjit Kaur filed a habeas corpus petition under Article 32 of the Constitution alleging that her husband, Jaswant Singh Khalra, a human‑rights activist, was abducted by persons in police uniforms in broad daylight in Amritsar. The petition also highlighted serious allegations that the Punjab police had been cre

SMT. SNEH PRABHAversusSTATE OF U.P. AND ANR.

1995 INSC 73715 November 1995Dismissed

The State of Uttar Pradesh published a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for development. The State later issued a Land Policy offering alternate plots to owners whose land was acquired, categorising owners by land size. Government Orders clarified that persons who purcha

MUNICIPAL COUNCIL WARASEONI AND ANR. ETC. ETC.versusSATISH CHANDRA JAIN AND ANR. ETC. ETC.

1995 INSC 73815 November 1995Appeal(s) allowed

The Municipal Council of Waraseoni granted a one‑year lease to Satish Chandra Jain for the collection of cattle registration and market fees at a local cattle fair, with a contract sum of Rs 1,75,000. Jain withheld Rs 29,592.63, prompting the Council to initiate recovery proceedings under Sections 164(2) and 164(3) of

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 MAHARASHTRA AND ANR.versusPOOJA BREW-CHEM INDUSTRIES P. LTD. AND ANR.

1995 INSC 57615 September 1995Appeal(s) allowed

Maharashtra State and others appealed a Bombay High Court order that directed the issuance of a D.S.V. licence and release of an alcohol quota to Pooja Brew‑Chem Industries Ltd. The company had applied for a licence under Rule 26 of the Bombay Denatured Spirit Rules, 1959, to manufacture certain chemicals and was assur

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

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

UNION OF INDIA AND ORS.versusBINOD BIHARI BEHERA

1995 INSC 72814 November 1995Appeal(s) allowed

The respondent, a Sub‑Inspector of the Central Industrial Security Force, tendered his resignation which was accepted by the Deputy Inspector‑General (DIG) on 17 October 1984. He later sought to withdraw the resignation and asked for re‑enlistment, but both requests were rejected by the DIG. The High Court held that th

DEVINDERPAL SINGHversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI

1995 INSC 73014 November 1995Disposed off

Devinderpal Singh was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and detained in judicial custody. Before the statutory 180‑day period expired, the investigating officer applied to the Designated Court for an extension of time to complete the investigation, but no report from t

ZENOBIA BHANOTversusP.K. VASUDEVA AND ANR.

1995 INSC 73114 November 1995Appeal(s) allowed

The widow of a deceased IAS officer, a "specified landlord", filed four applications under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (as amended by Act No. 2 of 1985) to evict tenants from a building in Chandigarh that had been let out in four separate parts. The Punjab & Haryana High Court, relyi

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

L. MOOLCHAND AND ORS.versusFATIMA SULTANA BEGUM AND ORS.

1995 INSC 73314 November 1995Dismissed

In an administrative suit concerning the sale of a property at Ootacamund, the Court appointed receivers who effected the sale. The purchasers of the property (appellants) challenged objections raised under Order 21, Rule 90 read with Section 151 of the CPC, arguing that such objections were not maintainable. The Trial

HARI SAKHARAM DHANAVATE (DEAD) BY LRS.versusA.N. PATIL TUKARANE (DEAD) BY LRS. AND ANR.

1995 INSC 73414 November 1995Dismissed

The appellant, a tenant, challenged a High Court order that upheld the landlord’s right to eject him under the Bombay Tenancy and Agricultural Lands Act, 1948. The dispute centered on whether the tenant’s arrears of rent exceeded three years, which would invoke Section 25(2) of the Act, or whether relief under Section 

THE ASSISTANT COMMISSIONER OF SALES TAX, KERALAversusM/S P. KESAVAN AND CO .

1995 INSC 72714 November 1995Appeal(s) allowed

The respondents, sellers of Caristrap Rayon Cord Strapping, claimed exemption from sales tax under Entry 7 of Schedule III of the Kerala General Sales Tax Act, 1963, contending that the strapping was a rayon fabric. The Assessing Authority rejected the claim and the respondents filed writ petitions in the High Court. T

TRUSTEES OF THE PORT OF MADRASversusENGINEERING CONSTRUCTIONS CORPORATION LIMITED

1995 INSC 45614 August 1995Appeal(s) allowed

The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the machinery caused the co

KAILASH POTLIAversusTHE STATE OF ANDHRA PRADESH

1995 INSC 45714 August 1995Appeal(s) allowed

Kailash Potlia was convicted of murder (section 302 IPC) and robbery (section 380 IPC) on the basis of circumstantial evidence, including a hotel clerk’s sighting, a finger injury, an alleged extra‑judicial confession to PW‑13, and a recovery statement by PW‑22. On appeal, the Supreme Court examined the reliability of

SHARADCHANDRA GANESH MULEYversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 45814 August 1995Dismissed

Sharadchandra Ganesh Muley, a landowner, challenged a notification under section 4(1) of the Land Acquisition Act, 1894. After the Bombay High Court dismissed his first writ petition in 1992, the Land Acquisition Officer made an award on March 30, 1994. Muley appealed, contending that the award was beyond the two‑year

JAYASHREEversusM. SRINIVASA MURTHY

1995 INSC 45914 August 1995Disposed off

In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another city. The court cons

STATE OF PUNJAB AND ORS. ETC.versusRAMAN RAI AND ORS. ETC.

1995 INSC 46014 August 1995Dismissed

The State of Punjab acquired 58 acres of land in 1979 and the Land Acquisition Officer fixed compensation at Rs 50,000 per acre for Block A and Rs 36,000 per acre for Block B. The Civil Court and subsequently the High Court enhanced the compensation to Rs 1,00,000 and Rs 60,000, and then to Rs 1,60,000 per acre respect

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

STATE OF WEST BENGAL AND ORS.versusGOPAL CHANDRA PAUL AND ORS. ETC.

1995 INSC 39914 July 1995Appeal(s) allowed

The Supreme Court examined whether the West Bengal inspecting staff in the Education Department were entitled to the same superannuation age of 60 years granted to teaching staff under Rule 75 of the West Bengal Service Rules. The State argued that inspecting staff are a distinct cadre with no statutory provision makin

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,

GHAZIABAD DEVELOPMENT AUTHORITY AND ORS.versusSRI VIKRAM CHAUDHARY AND ORS.

1995 INSC 40114 July 1995Disposed off

The Ghaziabad Development Authority (GDA) engaged several workers on daily‑wage contracts for its development projects. The workers filed a writ petition seeking regularisation of their services and parity in pay with regular employees. The Allahabad High Court single judge denied regularisation but directed the GDA to

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

UNION OF INDIA AND ORS.versusKANTILAL HEMATRAM PANDYA

1995 INSC 11514 February 1995Appeal(s) allowed

Kantilal H. Pandya joined the Railway Service in 1955, stating his date of birth (DOB) as 6 September 1930, which was entered in his service record. Upon retirement in 1988, he claimed his correct DOB was 4 September 1934 and sought alteration of his service records to obtain benefits until 1992, filing applications in

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

INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.

1995 INSC 72013 November 1995Appeal(s) allowed

The Supreme Court examined whether medical services rendered by doctors, hospitals and nursing homes fall within the definition of "service" under Section 2(1)(o) of the Consumer Protection Act, 1986, and thus attract consumer‑redress. It held that services provided for consideration – even if partially free or paid th

UNION OF INDIA AND ORS.versusSURESH C. BASKEY AND ORS. ETC. ETC.

1995 INSC 72113 November 1995Appeal(s) allowed

The Supreme Court considered whether workmen of the Government Mint in Calcutta, who were allotted government accommodation and therefore did not receive house rent allowance (HRA), could notionally include HRA in the "ordinary rate of wages" for calculating overtime allowance under Section 59 of the Factories Act, 194

NAZAR SINGH AND ORS.versusJAGJIT KAUR AND ORS.

1995 INSC 72213 November 1995Appeal(s) allowed

Gurdial Singh transferred 94 kanals and 19 marlas of land to his wife Harmel Kaur in 1963 as maintenance, subject to restrictive covenants. After Singh's death, Harmel sold a portion of the land to the appellants. The second wife and three daughters of Singh sued, claiming a one‑seventh share, arguing that Harmel only

U. P. JAL NIGAM AND ANR.versusSYED KHADIM WARIS

1995 INSC 72313 November 1995Appeal(s) allowed

Syed Khadim Waris, an Executive Engineer, was compulsorily retired by Uttar Pradesh Jal Nigam at age 50 under Rule 56‑C of the Financial Handbook. The Allahabad High Court set aside the retirement, holding that an adverse service entry for 1983‑84, though communicated, could not be used while the employee's representat

JAGDISH PRASADversusTHE STATE OF BIHAR AND ANR.

1995 INSC 72513 November 1995Dismissed

Jagdish Prasad, who was four years old when his father, a government employee, died in harness in 1971, filed a writ petition after attaining majority in 1994 seeking a compassionate appointment. The High Court dismissed the petition, and the appellant appealed to the Supreme Court. The Court held that compassionate ap

A. WATI AOversusTHE STATE OF MANIPUR

1995 INSC 62113 October 1995Dismissed

The appellant, a senior IAS officer, was convicted under IPC 120‑B read with Section 5(1)(d) of the Prevention of Corruption Act for conspiring to award a contract to a black‑listed firm at exorbitant rates. The trial court imposed a fine of Rs 10,000 and imprisonment till the rising of the court; the High Court dismis

BALDEV SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 62213 October 1995Disposed off

Baldev Singh and his father were convicted by a Special Court for murder (Sec. 302 r/w Sec. 34 IPC) and for possession of an unlicensed weapon. The Supreme Court examined the evidence, including the FIR, eyewitness statements and post‑mortem report, and found that the injuries inflicted were not sufficient to constitut

CHINNAMMAversusGOPALAN AND ORS.

1995 INSC 62013 October 1995Appeal(s) allowed

The tenant, Chinnamma, occupied a residential premises under a lease from Gopalan and fell into rent arrears from June 1975. After a statutory notice, the landlord sought eviction under sections 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Controller ordered eviction under section

SRI ABANI KANT RAYversusSTATE OF ORISSA AND ORS.

1995 INSC 62313 October 1995Appeal(s) allowed

The Chairman of the Orissa Administrative Tribunal, A.K. Ray, appealed to the Supreme Court to have critical remarks made by a Division Bench of the Tribunal expunged. The Tribunal had quashed the transfer of D.N. Mishra, an Additional Secretary who also served as Additional Registrar of the Cuttack Bench, on the groun

ADDL. COMMISSIONER OF INCOME TAX AND ANR.versusAL. N. RAO CHARITABLE TRUST

1995 INSC 62413 October 1995Dismissed

The A.L.N. Rao Charitable Trust claimed exemption for a surplus of Rs.85,262 under Section 11(1)(a) and Section 11(2) of the Income Tax Act, 1961. The Assessing Authority initially allowed the exemption on the basis that the Trust had invested 75% of the surplus in approved securities, but the Commissioner later issued

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

INDERJIT SINGH AND ORS. ETC.versusSTATE OF PUNJAB AND ORS.

1995 INSC 39613 July 1995Appeal(s) allowed

The Supreme Court examined the convictions of several government officers accused of embezzling funds allocated for a rural employment scheme in Punjab. The prosecution relied on the report of a Superintending Engineer, thumb‑impression comparisons, alleged extra‑judicial confessions and circumstantial evidence to prov

A. JAYARAM AND ANR. ETC. ETC.versusSTATE OF ANDHRA PRADESH BY CBI

1995 INSC 39713 July 1995Disposed off

The case concerned a large‑scale fraud in which imported fertilisers were allegedly lifted from ports but not delivered to government godowns, with dealers and government officials accused of colluding to obtain false transport‑charge certificates. The trial court acquitted the accused, but the Andhra Pradesh High Cour

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

ROMESH CHANDERversusSMT. SAVITRI

1995 INSC 3113 January 1995Disposed off

The appellant, a sanitary inspector, and the respondent, a teacher, were married for 25 years and have an adult child. The appellant previously faced a desertion suit, and the present appeal arose from a cruelty petition where the respondent alleged the appellant's immoral conduct, which was not proved. The Supreme Cou

STATE OF RAJASTHAN AND ANR.versusGOPALDAS ETC. ETC.

1995 INSC 3213 January 1995Appeal(s) allowed

The Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983 revised the pay of Upper Division Clerks (UDCs) with effect from 1 September 1981. While UDCs of the Secretariat received the higher revised scale, UDCs of subordinate offices were later granted the same scale only from 1 February 1985 by a notification. Gop

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

COMMISSIONER OF INCOME-TAXversusCHITTOR ELECTRIC SUPPLY CORPORATION AND ANR.

1995 INSC 3013 January 1995Appeal(s) allowed

The Commissioner of Income‑Tax appealed against a High Court order that had directed the revenue to pay interest under Section 244(1) of the Income‑Tax Act to Chittor Electric Supply Corporation, which had received a refund after a fresh assessment was made in 1973. The original assessment of 1966 was set aside by an A

P.L. KANTHA RAO AND ORS.versusSTATE OF ANDHRA PRADESH

1995 INSC 3413 January 1995Dismissed

The petitioners obtained a favorable order from the Andhra Pradesh Administrative Tribunal (established under the Presidential Order 1985) and sought its enforcement. After obtaining a certificate, they filed an execution petition in the City Civil Court, Hyderabad, which was challenged in the High Court. The High Cour

COLLECTOR OF MADRAS AND ANR.versusK. RAJAMANICKAM

1995 INSC 3513 January 1995Appeal(s) allowed

The respondent, K. Rajamanickam, entered Madras service in 1958 with a recorded date of birth of 15‑01‑1935 and later applied in 1986 to have it corrected to 12‑01‑1936. The Tamil Nadu Administrative Tribunal upheld the corrected date and ordered his continuation in service until 31‑01‑1994, but the Collector reinstate

STATE OF ANDHRA PRADESHversusKORRAPATI SUBRAHMANYAM AND ORS.

1995 INSC 3613 January 1995Appeal(s) allowed

On the night of 14-15 February 1978, forest officials seized 28 logs of red sandalwood loaded on a lorry and 118 logs waiting on the roadside for loading in Cuddapah district. The accused were charged under Section 20 read with Section 29 of the Andhra Pradesh Forest Act, 1967 and Rule 3 of the Andhra Pradesh Sandalwoo

UNION OF INDIAversusB.V. SAROJA AND ANR.

1995 INSC 3713 January 1995Appeal(s) allowed

The Union of India acquired land belonging to B.V. Saroja and another person under the Land Acquisition Act, 1894. The acquisition notification was issued on 30 March 1972, the award was made on 15 September 1976 and possession taken on 15 October 1976. After the award, the respondents claimed an additional amount unde

STATE OF HARYANA AND ANR.versusJAGDISH CHANDER

1995 INSC 3813 January 1995Appeal(s) allowed

Jagdish Chander, appointed as a constable on 30 October 1985, was discharged on 1 June 1992 under Rule 12.21 of the Punjab Police Rules for alleged habitual absenteeism, negligence and indiscipline. He challenged the discharge before the High Court, which set aside the order and directed his reinstatement with full ben

STATE OF RAJASTHANversusFATEH CHAND SONI

1995 INSC 87712 December 1995Appeal(s) allowed

The case concerned officers of the Rajasthan Police Service who were promoted from the Senior Scale to the Selection Scale. The respondent, Fateh Chand Soni, challenged the seniority list prepared on the basis of the date of appointment to the Selection Scale, arguing that such appointment did not constitute a promotio

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

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

UNION OF INDIAversusSH. GANSHYAM DASS KEDIA AND ORS.

1995 INSC 88412 December 1995Case Partly allowed

The Birla Cotton Spinning and Weaving Mill had earmarked three acres for staff quarters in 1951; after the mill became non‑functional, its employees bought the land for residential use. The land was later included in a planned‑development acquisition under sections 17(1) and 17(4) of the Land Acquisition Act, 1894, wit

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

STATE OF KERALA ETC.versusVARKEY MATHEW AND ORS. ETC.

1995 INSC 88712 December 1995Appeal(s) allowed

The deceased Varkey Mathew died in 1973 without filing the statement of excess land required under Sections 85(2) and 85(3A) of the Kerala Land Reforms Act, 1964. The State initiated proceedings under Section 85(7) against his successors-in-interest, but the Taluk Land Board later cancelled the order and the Kerala Hig

UNION OF INDIAversusTHE SPECIAL TEHSILDAR (ZA) AND ORS.

1995 INSC 71912 November 1995Disposed off

The Department of Space (Union of India) sought land in Tamil Nadu for a rocket‑launching station under a notification issued pursuant to Article 258(1) of the Constitution. After the Land Acquisition Officers awarded compensation, owners obtained a reference under Section 18 of the Land Acquisition Act, 1894, and the

RUPAN DEOL BAJAJ AND ANR.versusKANWAR PAL SINGH GILL AND ANR.

1995 INSC 61612 October 1995Disposed off

Mrs. Rupan Deol Bajaj, an IAS officer, complained that the Director General of Police, K.P.S. Gill, had assaulted her modesty at a dinner party by pulling her chair, standing too close, ordering her to move, and finally slapping her posterior in front of many guests. She lodged a FIR alleging offences under IPC section

O.S. SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER

1995 INSC 61712 October 1995Appeal(s) allowed

O.S. Singh, a State Police Service officer, was initially omitted from the select list for promotion to the Indian Police Service (IPS) due to adverse remarks. After expunging those remarks, his name was placed on the list in 1977 and he was retrospectively appointed to the IPS effective 31‑March‑1976. The Central Gove

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

S.R. BHAGWAT AND ORS.versusSTATE OF MYSORE

1995 INSC 55912 September 1995Case Allowed

The petitioners, senior civil servants allotted to the State of Mysore, obtained deemed promotion dates and related financial benefits from a final High Court mandamus. The State subsequently enacted the Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973, whose Section 11(2) and certain

DELHI CLOTH AND GENERAL MILLS CO. LTD.versusSTATE OF M.P. AND ORS.

1995 INSC 56012 September 1995Dismissed

The appellant, Delhi Cloth and General Mills Co. Ltd., was the manufacturer of vanaspati ghee that was found adulterated when sold by Laxmi Narain, who was prosecuted under Section 16 of the Prevention of Food Adulteration Act, 1954. During the trial, the magistrate, on the basis of evidence that the appellant had manu

STATE OF KERALAversusMALAYALAM PLANTATION LTD.

1995 INSC 56112 September 1995Dismissed

The State of Kerala acquired 8.83 hectares of land under Section 19 of the Kerala Land Acquisition Act, 1963, to extract granite for a dam project. A commissioner was appointed to assess the quantity of granite, the extent of land, and the compensation payable, reporting 7,12,500 cubic meters of granite in 15.77 acres

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

SH. JANGLI AND ORS.versusSMT. BHAGWATI AND ORS.

1995 INSC 56312 September 1995Dismissed

The appellant, a tenant of Smt. Ajudhia, sought a declaration of title over a parcel of agricultural land that had been sold in execution of a money decree against her and later transferred to an auction‑purchaser, respondent No. 11. The appellant had earlier obtained a decree under the Punjab Pre‑emption Act, 1913, as

KONDOPANTversusARJUNA AND ORS.

1995 INSC 56612 September 1995Dismissed

In a review petition arising from a civil appeal, the Bombay High Court had earlier declared the respondent a surplus holder under the Land Ceiling Act and allowed him to file a review if he was later found to be within the ceiling limit. The review petition was filed, but it raised new grounds that were not part of th

SH. KISHAN DAS AND ORS.versusTHE STATE OF U.P. AND ORS.

1995 INSC 56412 September 1995Dismissed

The appellants' land was acquired in September 1976 and possession was taken on December 16, 1976. Due to litigation, the Land Acquisition Officer could not pass the award until March 22, 1983. The appellants claimed interest at 12% per annum for the delay. The Supreme Court held that under Section 34 of the Land Acqui

RAJINDER AND ORS.versusSTATE OF HARYANA

1995 INSC 39512 July 1995Dismissed

The case arose from a dispute over agricultural land in Haryana where three members of the complainant party were killed and others injured when the accused entered the land with ploughs and weapons. The accused claimed they acted in private defence of their property and person. The Supreme Court examined whether the c

MUKRI GOPALANversusCHEPPILAT PUTHANPURAYIL ABOOBACKER

1995 INSC 39012 July 1995Appeal(s) allowed

The tenant Mukrigopalan appealed an eviction order of the Rent Control Court under the Kerala Buildings (Lease & Rent Control) Act, 1965. The appeal was filed after the statutory 30‑day period, and the District Judge acting as appellate authority dismissed it as time‑barred, holding that he was a "persona designata" an

KRIPA SHANKAR CHATTERJIversusGURUDAS CHATTERJEE AND ORS.

1995 INSC 39112 July 1995Dismissed

Kripa Shankar Chatterjee, who lost the 1990 Nirsa Assembly election, filed an election petition challenging the election of Gurudas Chatterjee on four grounds: alleged improper rejection of a nomination paper on age grounds, alleged improper acceptance of nomination papers of two non‑voters, alleged disqualification of

AJIT SINGHversusBANSI SINGH AND ORS.

1995 INSC 39212 July 1995Dismissed

Ajit Singh challenged the 1991 Haryana Vidhan Sabha election of Bansi Singh under Section 81 of the Representation of People Act, alleging irregularities in vote counting, including a fenced counting hall that restricted agents' view, police presence, the appointment of counting assistants who were relatives of the ret

G. SUNDARSANversusUNION OF INDIA AND ANR.

1995 INSC 39312 July 1995Dismissed

G. Sundarsan, appointed under the Scheduled Caste quota in the Income Tax Department, rose to the rank of Income Tax Inspector. Three years before his retirement, a departmental enquiry established that he did not belong to any Scheduled Caste and therefore was not entitled to the reserved post. Consequently, under Rul

N.P. THIRUGNANAM (D) BY L.RS.versusDR. R. JAGAN MOHAN RAO AND ORS.

1995 INSC 39412 July 1995Dismissed

The plaintiff N.P. Thirugnanam had entered into a sale agreement for a property and paid a small advance, thereafter taking possession as a tenant. He sued for specific performance, alleging the defendants had refused to execute the sale deed, while the defendants contended that the plaintiff had not paid the further a

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

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

SH. JAGANNATH AND ORS.versusSTATE OF UTTAR PRADESH

1995 INSC 2912 January 1995Appeal(s) allowed

The appellants, Jagannath and others, were originally convicted under Section 302 read with Section 34 of the IPC for the murder of Shyam Narain, based primarily on the ocular testimony of PW1 who claimed the appellants chased and surrounded the victim. The High Court upheld this conviction. On appeal, the Supreme Cour

DR. RAMESH YESHWANT PRABOOversusSHRI PRABHAKER KASHINATH KUNTE AND ORS.

1995 INSC 86811 December 1995Dismissed

The 1987 Vile Parle Assembly election of Dr. Ramesh Yeshwant Prabhoo was challenged on the ground that his agent, Bal Thackeray, made speeches appealing to voters on the basis of Hindu religion and inciting communal feelings. The High Court held the speeches to be corrupt practices under Sections 123(3) and 123(3A) of

MANOHAR JOSHIversusNITIN BHAURAO PATIL AND ANR.

1995 INSC 86911 December 1995Appeal(s) allowed

Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. The Bombay High Court

PROF. RAMCHANDRA G. KAPSE ETC.versusHARIBANSH RAMAKBAL SINGH ETC

1995 INSC 87011 December 1995Appeal(s) allowed

The Supreme Court examined an election petition that had declared the Lok Sabha election of Prof. Ramchandra G. Kapse void on the ground of alleged corrupt practices involving speeches by Sadhvi Reethambara and Pramod Mahajan. The Court held that a noticee under Section 99 of the Representation of the People Act has an

RAMAKANT MAYEKAR ETC. ETC.versusSMT. CELINE D SILVA

1995 INSC 87111 December 1995Appeal(s) allowed

The appellant Ramakant Mayekar challenged a High Court order that declared his election to the Maharashtra Legislative Assembly void on grounds of corrupt practices under the Representation of the People Act, 1951. The Supreme Court examined whether the election petition filed on 16 April 1990 was within the 45‑day lim

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

CHANDRAKANTA GOYALversusSOHAN SINGH JODH SINGH KOHLI

1995 INSC 87311 December 1995Appeal(s) allowed

The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of the Representation

SH. SURYAKANT VENKATARAO MAHADIKversusSMT. SAROJ SANDESH NAIK (BHOSALE)

1995 INSC 87411 December 1995Dismissed

Suryakant V. Mahadik, a Shiv Sena candidate, was elected to the Maharashtra Legislative Assembly from the Nehru Nagar constituency. Saroj Sandesh Naik filed an election petition alleging that Mahadik, during a religious gathering at Sarveshwar Mandir, appealed to voters on the basis of "Hindutva" and urged them to vote

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(

SRI VARDARAJA PERUMAL TEMPLEversusK. RAMACHANDRA (DEAD) BY LRS. AND ORS.

1995 INSC 61411 October 1995Appeal(s) allowed

The V.P. Temple appealed against an order of the Special Appellate Tribunal that dismissed its earlier appeal as time‑barred under Section 30(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Royatwari) Act, 1963. The Act permits a maximum of six months to file an appeal, but the temple filed after this p

P. PERJASAMI (DEAD) BY LRS. ETC.versusP. PERLATHAMBL AND ORS. ETC.

1995 INSC 61511 October 1995Dismissed

The Supreme Court examined a partition suit between two branches of a Hindu family concerning self‑acquired agricultural lands left by a father (A) who died intestate without grandsons. The issue was whether the lands passed to his three sons as joint Hindu family property (joint tenancy) or as tenants‑in‑common by inh

BHOOP SINGHversusRAM SINGH MAJOR AND ORS.

1995 INSC 55311 September 1995Dismissed

The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts dismissed the petit

STATE OF HIMACHAL PRADESH AND OTHERSversusGANESH WOOD PRODUCTS AND ORS. ETC.

1995 INSC 55411 September 1995Appeal(s) allowed

The Supreme Court examined the validity of the Himachal Pradesh government's refusal to approve several katha‑manufacturing units after the Industrial Projects Approval and Review Authority (IPARA) had given provisional approvals. The Court held that IPARA’s approvals were merely administrative recommendations and did

KAMESHWAR PRASADversusSTATE OF BIHAR AND ORS.

1995 INSC 55511 September 1995Appeal(s) allowed

Kameshwar Prasad was appointed as a vaccinator under the Small Pox Eradication Scheme in 1975. The scheme was discontinued in 1985 and a resolution (No. 2215, 11‑Feb‑1985) directed that 25% of senior officers be retained and the remaining 75% be absorbed in equivalent regular posts. While awaiting absorption, Prasad ob

K. ADIVI NAIDU AND ORS.versusE. DURUVASULU NAIDU AND ORS.

1995 INSC 55611 September 1995Appeal(s) allowed

In a partition suit concerning joint family property, the trial court issued a preliminary decree dividing the schedule properties into two equal shares, one to the plaintiff and one to the first defendant. The decree was confirmed by a single High Court judge but set aside by a division bench, which remitted the matte

SANTOSH JAYASWAL AND ANR.versusSTATE OF M.P. AND ORS.

1995 INSC 55711 September 1995Disposed off

The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The Supreme Court held tha

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND OTHERS ETC.

1995 INSC 45011 August 1995Disposed off

The Supreme Court was approached to resolve disputes arising from the Karnataka amendment that restricted admissions to private professional colleges to Karnataka students only, and to address grievances about the fee gap between free and payment seats, the NRI quota, and the applicability of the Unnikrishnan scheme to

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

ANIRUDHSINHJI KARANSINHJI JADEJA AND ANR.versusTHE STATE OF GUJARAT

1995 INSC 45111 August 1995Appeal(s) allowed

The murder of Jayantilal Vadodaria led to the arrest of four assailants and two villagers, Anirudhsinh Jadeja (Sarpanch) and Digubha Jadeja, who had concealed the murder weapons on the latter's field. The State invoked the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) against the two villagers and a

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

R. RAMASWAMYversusGOVERNMENT OF TAMIL NADU AND ORS.

1995 INSC 45411 August 1995Appeal(s) allowed

R. Ramaswamy was appointed temporarily as Project Officer in 1979 and later regularised as a permanent Project Officer, a post deemed equivalent in status and pay to Assistant Director. When he was temporarily promoted to Assistant Director and sought promotion to Deputy Director, the question arose whether he was seni

R.V. BHUPAL PRASADversusSTATE OF ANDHRA PRADESH AND ORS.

1995 INSC 45511 August 1995Dismissed

The appellant, R.V. Bhupal Prasad, held a cinema theatre under a 20‑year lease that expired in 1983. He applied for renewal of his cinema licence under the Andhra Pradesh Cinemas (Regulations) Rules, 1970, but the landlady (Respondent No.3) objected, claiming his possession was not lawful. The licensing authority and a

MADAN GOPAL GARGversusSTATE OF PUNJAB AND ORS.

1995 INSC 38711 July 1995Dismissed

The appellant, a promotee, was appointed Controller in 1972 and later Deputy Director, while respondent No.2 was a direct recruit appointed Controller in 1974 and subsequently promoted to Joint Director. The dispute centered on whether the appellant's promotion to Controller fell within the quota of posts reserved for

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

CHAND KHAN & ANR.versusSTATE OF UTTAR PRADESH

1995 INSC 38911 July 1995Dismissed

The appellants Chand Khan and Shabbu were charged with murder, assault and related offences arising from a night‑time attack on Shah Alam and others on 26 May 1977. The trial court acquitted all nine accused, disbelieving the testimony of four eye‑witnesses, but the Allahabad High Court set aside the acquittal and conv

THE SPECIAL TEHSILDAR (LA) P.W.D. SCHEMES, VIJAYAWADAversusM.A. JABBAR

1995 INSC 2411 January 1995Dismissed

The Supreme Court examined whether a landowner, whose possession was taken in 1965, was entitled to the additional amount under section 23(1‑A) of the Land Acquisition Act, 1894 as amended by Amendment Act 68 of 1984. The notification under section 4(1) was published in 1980 and the award was made in 1983. The State ar

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

V.M. SALGOACAR AND BROTHER LTD.versusUNION OF INDIA

1995 INSC 2611 January 1995Dismissed

The Supreme Court examined an appeal by V.M. Salgoacar & Bros Ltd challenging a higher compensation of Rs 50 per square metre awarded by a District Judge for land acquired under the Land Acquisition Act, 1894. The Collector had fixed compensation at Rs 5 per square metre, basing it on the company's purchase price, its

SH. LOKRAJ AND ORS.versusKISHAN LAL AND ORS.

1995 INSC 2711 January 1995Appeal(s) allowed

Lokraj and others filed a civil suit for partition of lands listed in schedule B, seeking a one‑sixth share. The High Court held the lands to be Inam lands, and the division bench ruled the partition suit maintainable despite the lands having been abolished under the Andhra Pradesh (Telengana Area) Abolition of Inams A

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

P.K. GHOSH, I.AS. AND ANR.versusJ.G. RAJPUT

1995 INSC 71310 November 1995Appeal(s) allowed

J.G. Rajput, an employee of Ahmedabad Municipal Corporation, challenged his suspension in the Gujarat High Court, where he was initially represented by advocate B.J. Shethna. After Shethna was elevated to the bench, Rajput faced a later charge‑sheet for theft and filed a contempt petition alleging the corporation’s con

JINDA RAM (DEAD) BY LRS.versusRAM PRAKASH AND ANR.

1995 INSC 71410 November 1995Appeal(s) allowed

Jinda Ram, a co‑sharer and tenant, filed a suit under Section 15(b) of the Punjab Pre‑emption Act, 1913 seeking to pre‑empt agricultural land that had been sold. The trial court recognized his co‑sharer status and granted partial relief, but the first appellate court dismissed the suit. The Punjab & Haryana High Court

STATE LEVEL COMMITTEE AND ANR.versusM/S. MORGARDSHAMMAR INDIA LTD.

1995 INSC 71510 November 1995Appeal(s) allowed

The respondent, M/s Morgardshammar India Ltd., applied for an eligibility certificate under Section 4‑A of the U.P. Sales Tax Act, claiming its factory was a "new unit" eligible for sales‑tax exemption. The State Level Committee denied the certificate, holding that part of the machinery used was "acquired for use in an

VIDESH SANCHAR NIGAM LTD.versusM. V. KAPITAN KUD AND ORS.

1995 INSC 71610 November 1995Appeal(s) allowed

Videsh Sanchar Nigam Ltd. sued the foreign vessel M.V. Kapitan Kud for damage to an international submarine cable, alleging the ship’s anchor caused a break. The Bombay High Court arrested the vessel and later ordered its release on security, a decision appealed to the Supreme Court. The Court examined whether the appe

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