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Supreme Court of India

Judgments of 1995

917 judgments, newest first — showing 601–800.

DEV KUMAR (DEAD) THROUGH LRS.versusSMT. SWARAN LATA AND ORS.

1995 INSC 71710 November 1995Appeal(s) allowed

The landlady, Smt. Swaran Lata, sought eviction of her tenant Dev Kumar under the East Punjab Urban Rent Restriction Act, 1949 alleging sub‑letting of the premises to three respondents. The Rent Controller, relying on a local commissioner’s report, concluded sub‑letting and ordered eviction. The Appellate Authority rev

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

UNION OF INDIA AND ORS. ETC.versusVIRPAL SINGH CHAUHAN ETC.

1995 INSC 60910 October 1995Dismissed

The Supreme Court examined the application of reservation in promotions for Scheduled Castes and Scheduled Tribes within the Indian Railway Guard and other railway cadres, focusing on whether accelerated promotion under a roster also confers accelerated seniority. General‑category candidates challenged promotions that

AIR INDIA AND ORS. ETC.versusB.R. AGE AND ORS ETC.

1995 INSC 61010 October 1995Appeal(s) allowed

The Central Government, invoking Section 34(1) of the Air Corporations Act, 1953, directed Air India to reserve posts for Scheduled Castes and Scheduled Tribes. B.R. Age and others challenged the validity of these directions, arguing that the power under Section 34(1) was limited to functions enumerated in Section 7, a

UNION OF INDIA AND ANR.versusM.C. DESAI AND ORS.

1995 INSC 61110 October 1995Case Partly allowed

The Supreme Court heard an appeal by the Union of India against a judgment of the Allahabad High Court that had awarded death‑cum‑retirement gratuity (DCRG) and ad‑hoc relief to High Court judges who retired before 1 October 1974. The High Court had extended the benefit to all such judges, including those who had serve

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

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

MOHAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.

1995 INSC 25910 April 1995Appeal(s) allowed

Mohan Singh, an Assistant in the Advocate‑General's Office, was promoted to Superintendent Grade‑I. Respondents Tarlok Singh and Deena Nath Singla filed a writ petition challenging the promotion, arguing that the vacancy was not a reserved one and that a direct promotion (double jump) was impermissible where a Superint

SH. JAI KISHANversusCOMMISSIONER OF POLICE AND ANR.

1995 INSC 26010 April 1995Dismissed

Jai Kishan was appointed as a temporary constable in the Delhi Police on 9 September 1982 and placed on probation as required by Rule 5(e) of the Central Services Temporary (Service) Rules, 1966. The rule mandates a two‑year probation, extendable up to three years, after which successful completion leads to confirmatio

RAMBHAI LAKHANBAI BHAKTversusSTATE OF GUJARAT AND ORS.

1995 INSC 26110 April 1995Dismissed

The petitioner, a landowner, challenged the acquisition of his land by the State of Gujarat, arguing that the notice issued under Section 5A(2) of the Land Acquisition Act, 1894 required a personal hearing which was not provided, and that the declaration under Section 6 was published beyond the one‑year limit. The noti

SHEIKH ISHAQUE AND ORS.versusSTATE OF BIHAR

1995 INSC 18310 March 1995Dismissed

In July 1990 a bomb attack and arson resulted in the death of three members of the Bhagat family. Four accused were convicted of murder under IPC sections 302/34 and sentenced to death, while seven co‑accused were sentenced to life imprisonment. The High Court upheld the death sentences and acquitted the seven co‑accus

UNION OF INDIA AND ANR.versusPRADEEP KUMARI AND ORS.

1995 INSC 18010 March 1995Dismissed

The case concerned applications under Section 28‑A of the Land Acquisition Act, 1894 (as amended in 1984) for re‑determination of compensation for land acquired for the Beas Dam project. The petitioners argued that the three‑month limitation for filing such applications should be measured from the first court award mad

THE MUNICIPAL CORPORATION FOR CITY OF PUNE AND ANR.versusBHARAT FORGE CO. LTD. AND ORS.

1995 INSC 18110 March 1995Appeal(s) allowed

The Municipal Corporation of Pune collected octroi duties from the Poona Cantonment under a 1963 schedule of octroi rules, which the respondents challenged as illegal. The Supreme Court examined whether the 1881 Government Notification authorising octroi collection allowed rates and articles to be varied over time, and

NATIONAL FEDERATION OF S.B.I. AND ORS. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 18210 March 1995Disposed off

The National Federation of State Bank of India and other SC/ST employees filed writ petitions seeking reservation in promotions to Class‑I posts in public sector banks, the application of the 40‑point roster and the carry‑forward of unfilled vacancies since 1978. The Government had issued several Office Memoranda, the

SUCHITRA NAGversusCOMMISSIONER, SANCHAITA INVESTMENTS

1995 INSC 18510 March 1995Appeal(s) allowed

The trial court decreed against the husband of S. Nag, ordering attachment of a flat. The husband appealed, and the Calcutta High Court affirmed the decree, focusing solely on the husband's liability. The wife (appellant) subsequently filed objections, asserting that she was the independent owner of the flat and had no

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

CHANDIGARH ADMINISTRATION AND ANRversusJAGJIT SINGH AND ANR. ETC.

1995 INSC 1610 January 1995Appeal(s) allowed

The Chandigarh Administration auctioned a plot in 1975, awarding the lease‑hold to the respondents who paid 25% of the price but later defaulted on instalments, leading to cancellation of the lease and forfeiture of part of the premium. After a series of appeals, reviews and a refund of the balance, the respondents rep

METAL BOX INDIA LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS

1995 INSC 1710 January 1995Case Partly allowed

Metal Box India Ltd., a manufacturer of metal containers, sold its goods to Ponds (I) Ltd., a wholesale buyer, under agreements that allowed interest‑free advances and trade discounts. The tax authorities treated the contract price as the net price after discounts and omitted the value of the advances, leading to a sho

DR. BAL KRISHNA AGARWALversusSTATE OF UITAR PRADESH AND ORS.

1995 INSC 1810 January 1995Appeal(s) allowed

Dr. Bal Krishna Agarwal, appointed as Professor by direct recruitment on 9 November 1984, challenged the Executive Council of Allahabad University’s decision that placed him junior to two colleagues promoted under the Personal Promotion Scheme. The High Court dismissed his writ on the ground that an alternative remedy

RAJESWARI AMMA AND ANR.versusJOSEPH AND ANR.

1995 INSC 1910 January 1995Appeal(s) allowed

The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were impleaded, and the order in

KARNAIL SINGHversusANIL KUMAR AND ANR.

1995 INSC 2010 January 1995Dismissed

The appellant purchased a share of joint family property from his sister Neeru, who sold it by a registered deed on 22 January 1985. The brother, Anil Kumar, who was not a party to the sale, filed a suit for pre-emption under clause (ii) of Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The trial court and the a

SMT. PREM LATA AND ANR.versusMIS ISHAR DASS CHAMAN LAL AND ORS .

1995 INSC 2110 January 1995Appeal(s) allowed

The appellants, the widow and alleged son of a deceased partner, sought the accounts of an unregistered partnership firm that had dissolved upon the partner's death. They invoked Clause 16 of the partnership deed, which mandated referral of any dispute to named arbitrators, and filed a suit under Section 20 of the Arbi

CHIEF MEDICAL OFFICERversusKHADEER KHADRI

1995 INSC 2210 January 1995Appeal(s) allowed

The respondent, a government employee who joined service in 1951, claimed that his date of birth recorded as 14 November 1933 was incorrect and sought correction to 15 July 1934 in 1991. The Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984 required an application for correction wi

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

BALWINDER SINGHversusSTATE OF PUNJAB

1995 INSC 7049 November 1995Appeal(s) allowed

Balwinder Singh was convicted by a Special Court under Sections 302 and 201 of the IPC for the murder of his daughter Rozy, based solely on circumstantial evidence comprising alleged "last seen together" testimony, an extra‑judicial confession, recovery of a dead body, and a disclosure statement leading to the recovery

UNION OF INDIA AND ORS.versusMUNSHA AND ORS.

1995 INSC 7059 November 1995Appeal(s) allowed

The Union of India acquired certain lands under the Requisitioning and Acquisition of Immovable Property Act, 1952 and awarded compensation of Rs. 375 per kanal in 1970. The respondents filed a writ petition in 1986 seeking appointment of an arbitrator; the High Court appointed one who reduced compensation to Rs. 150 p

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

MUNI LALversusTHE ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. AND ANR.

1995 INSC 7099 November 1995Dismissed

Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court dismissed the suit for lac

JAGE RAM AND ORS. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 7109 November 1995Dismissed

The petitioners' lands were acquired by the Government of India for the establishment of a radar, a defence purpose, and they received the compensation due. They filed writ petitions under Article 32 seeking that the Delhi Development Authority allot them alternative sites for constructing houses, arguing that displace

KALAMATA MOHAN RAOversusNARAYANA RAO DHARMANA AND ORS.

1995 INSC 7119 November 1995Dismissed

K.M. Rao, a Telugu Desam Party candidate, was elected to the Andhra Pradesh Legislative Assembly in 1989. An election petition alleged that he committed a corrupt practice under Section 123(3) of the Representation of the People Act by using posters that depicted party leader N.T. Rama Rao as the Hindu deity Lord Krish

SH. HUKAM CHAND KHUNDIAversusCHANDIGARH ADMINISTRATION AND ANR.

1995 INSC 6079 October 1995Dismissed

Hukam Chand Khundia was appointed as a temporary clerk on probation in the District and Sessions Court, Chandigarh. His services were deemed unsatisfactory and his integrity questioned, leading to a termination order without any enquiry. He challenged the order before the Central Administrative Tribunal under Section 1

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

THE STATE OF PUNJABversusSURJA RAM

1995 INSC 4489 August 1995Appeal(s) allowed

The State of Punjab prosecuted Surja Ram and his son Mohan Lal for the murders of Tulsa Ram and his son Brij Lal, arising from a family partition dispute over crop shares. The trial court convicted the two accused of the murder of Tulsa Ram under s.302 read with s.34 IPC, relying on the eye‑witness testimony of Kamla D

UNION OF INDIA AND ORS.versusR.K.L.D. AZAD

1995 INSC 4499 August 1995Appeal(s) allowed

The respondent, a Junior Commissioned Officer in the Indian Army, was arrested in August 1990 and tried for an offence under Section 64(e) of the Army Act. Although he retired on superannuation on 31 August 1990, the Army extended his subjection to the Act until the trial concluded. He was convicted, sentenced to one y

SUMANLAL CHHOTALAL KAMDAR ETC.versusMISS ASHA TRILOKBHAI SHAH ETC.

1995 INSC 3489 May 1995Disposed off

Social workers appealed against a district judge’s order that appointed a Norwegian couple as guardian of a child from an orphanage under Section 7 of the Guardians and Wards Act, 1890, with the superintendent acting as power of attorney holder. The Supreme Court examined whether the adoption complied with the guidelin

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

KARNAL IMPROVEMENT TRUST, KARNALversusSMT. PARKASH WANTI (DEAD) AND ANR.

1995 INSC 3519 May 1995Appeal(s) allowed

The Karnal Improvement Trust appealed against awards made by the President of a Tribunal under the Punjab Improvement Trust Act, 1922, where the President acted without the two assessors required by s.60(1). The High Court had upheld such single‑member awards based on the earlier decision in Sohan Lal v. State of Harya

MAHARAJA KUMAR KHARAK SINGH (DEAD) THOUGH L.RS. ETC.versusSTATE OF PUNJAB

1995 INSC 3529 May 1995Dismissed

The brothers of the former ruler of the princely State of Nabha filed suits in the Patiala Sub‑Judge Court seeking possession of a parcel of land called ‘Bir Bhadson’, relying on a 25 April 1948 letter from Maharaja Pratap Singh that they claimed granted the land to them. The State of Punjab, as the successor to Nabha

NATIONAL FEDERATION OF RAILWAY PORTERS, VENDORS AND BEARERSversusUNION OF INDIA AND ORS.

1995 INSC 3539 May 1995Disposed off

The petitioners, railway parcel porters employed on a contract basis in several zones of Indian Railways, sought permanent absorption as regular parcel porters with salary parity to regular employees, invoking the earlier Supreme Court order of 15 April 1991. The Court examined a report by the Assistant Labour Commissi

COMMISSIONER OF INCOME-TAXversusPATEL BROTHERS AND CO. LTD. ETC. ETC.

1995 INSC 3479 May 1995Dismissed

Patel Brothers & Co. Ltd. claimed kitchen expenses for providing ordinary meals to its employees and out‑station customers for the assessment years 1969‑70, 1970‑71 and 1971‑72. The Income‑Tax Officer disallowed the portion relating to customers, classifying it as "entertainment expenditure" under Section 37(2‑A) of th

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

KIRLOSKAR OIL ENGINES LTDversusUNION OF INDIA AND ORS.

1995 INSC 3579 May 1995Appeal(s) allowed

Kirloskar Oil Engines Ltd manufactured thrust washers, thrust half washers and wrapped bushes for motor vehicles and cleared them under Notification No. 99/1971, which exempted motor vehicle parts except those listed, including thin‑walled bearings. In 1978 a Board meeting with trade representatives concluded that such

P. SHESHADRIversusUNION OF INDIA AND ANR.

1995 INSC 1789 March 1995Appeal(s) allowed

The appellant, a Scheduled Tribe (ST) officer in Central Water Engineering, was eligible for promotion to Deputy Director/Executive Engineer and was placed at No. 26 in a combined select list prepared by the Departmental Promotion Committee. Only 22 promotion vacancies materialised, and the first 22 names on the combin

DR. AJAY SINGH RAWATversusUNION OF INDIA AND OTHERS

1995 INSC 1779 March 1995Disposed off

Dr. Ajay Singh Rawat, a member of the Nainital Bachao Samiti, filed a writ petition under Article 32 of the Constitution seeking directions to curb severe environmental degradation in Nainital caused by water, air, noise and other forms of pollution. The Supreme Court appointed a commissioner to investigate issues such

CHAIRMAN, THIRUVALLUVAR TRANSPORT CORPORATIONversusCONSUMER PROTECTION COUNCIL

1995 INSC 1079 February 1995Appeal(s) allowed

Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of its jurisdiction. T

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

SIRI PALversusHARYANA STATE ELECTRICITY BOARD

1995 INSC 159 January 1995Dismissed

Siri Pal, a lineman with the Haryana State Electricity Board, obtained an AMIE qualification (equivalent to a B.E.) in March 1992 and sought an out‑of‑turn promotion to Junior Engineer based on a Board promotion policy dated 22 April 1980, which granted such promotions to degree‑qualified employees. The Board withdrew

DR. V.P. MALIK AND ORS.versusUNION OF INDIA

1995 INSC 8628 December 1995Dismissed

The petitioners, members of the teaching specialist sub‑cadre of the Central Health Service, challenged the Government’s decision to implement the Tikoo Committee’s recommendation on promotion from the Rs 3,700‑5,000 scale to the Rs 4,500‑5,700 scale with a cut‑off date of 1 December 1991, alleging that the one‑year de

S.P. GOELversusCOLLECTOR OF STAMPS

1995 INSC 8638 December 1995Dismissed

S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection Act, 1986, alleging

LAND ACQUISITION OFFICER, PUNJABversusANUDEEP KAUR AND ORS.

1995 INSC 8648 December 1995Appeal(s) allowed

The State Government appealed a High Court decision that had dismissed its civil revision against a civil court award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The award by the Land Acquisition Officer was dated 30 July 1981, before the amendment (Act 68 of 1984) that introduce

SATE OF HARYANAversusTRILOK CHAND AND ORS. ETC. ETC.

1995 INSC 8658 December 1995Dismissed

The State of Haryana appealed against an award granted in a dispute with Trilok Chand and others. The High Court had earlier ordered the parties to bring their legal representatives on record within a specified period. The appellant failed to comply with this direction, and no steps were taken to record the legal repre

CHIEF OF NAVAL STAFF AND ANR.versusG. GOPALAKRISHNA PILLAI AND ORS.

1995 INSC 8668 December 1995Appeal(s) allowed

G. Gopalakrishna Pillai was initially appointed on an ad hoc basis as Storekeeper in the Navy and later regularised in the same post. He claimed seniority from the date he first started officiating, but the Department granted seniority only from the date of regularisation. The Central Administrative Tribunal (CAT) allo

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

VINEET KUMAR MATHURversusUNION OF INDIA AND ORS.

1995 INSC 6988 November 1995Disposed off

The petitioner highlighted severe pollution of the Gomti River caused by several industries, including Mohan Meakins Breweries, and the Supreme Court ordered on 15 January 1993 that these units must rectify deficiencies in their effluent treatment plants by 21 March 1993 or cease operations. Mohan Meakins failed to com

ABHJJIT TEA COMPANY PVT. LTD.versusTERAI TEA CO. (P) LTD. AND ORS.

1995 INSC 6998 November 1995Disposed off

The petitioner, Abhijit Tea Co. Pvt. Ltd., sought the refund of Rs.19,33,873.74 held in court deposit after a Calcutta High Court division bench ordered the High Court Registrar to return the sum. Although the Supreme Court, on 16 August 1994, directed the Registrar to effect the refund, the Registrar failed to do so,

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

DR. L.M. NATHversusDR. S.K. KACKER AND ORS.

1995 INSC 7018 November 1995Appeal(s) allowed

Dr. S.K. Kacker's five‑year term as Director of AIIMS expired on 14 October 1995. The Institute Body, having decided not to extend his tenure, initiated a selection process for a new Director, but the process was delayed by a writ petition. On 15 October 1995 the President of AIIMS appointed Prof. L.M. Nath, the senior

HARKISHAN DASS AND ORS.versusSTATE OF HARYANA AND ORS.

1995 INSC 7028 November 1995Disposed off

A cooperative society discovered that its cashier‑cum‑member had misappropriated large sums of money after his death. The society initiated arbitration under Sections 55 and 56 of the Punjab Co‑operative Societies Act, 1961, and an award was made against the deceased's heirs and legal representatives for the principal,

DR. (MISS) ALETTA GRACE BELLversusDR. (MISS) S. TIRKEY AND ANR.

1995 INSC 7038 November 1995Appeal(s) allowed

Dr. (Miss) Alette Grace Bell, the Medical Superintendent of Duncan Hospital in Bihar, was served a notice by the Drug Controller requiring a licence to manufacture and distribute an IV solution for patients, invoking Section 18(c) of the Drugs and Cosmetics Act, 1940. The High Court held that the hospital needed such a

THE GEN. MANAGER TELE-COMMUNICATION AND ANR. ETC.versusDR. MADAN MOHAN PRADHAN AND ORS. ETC.

1995 INSC 6978 November 1995Appeal(s) allowed

The Union Government acquired 3.589 acres of land in Cuttack for a telecommunications complex under the Land Acquisition Act, 1894, invoking Section 17(4) to dispense with the enquiry under Section 5A. The wife of one respondent sought to have 24 decimals of the land excluded, but the representation remained pending wh

DR. KRUSHNA CHANDRA SAHU AND OTHERSversusSTATE OF ORISSA AND OTHERS

1995 INSC 5468 September 1995Disposed off

The appellants, who were Homeopathic Medical Officers, were appointed as junior teachers in a government homeopathy college under the Orissa Homeopathy Medical Teaching Service Rules, 1980. Their appointments were challenged on the grounds that the Selection Board had not consulted the Public Service Commission, that s

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

RAIMATI SAHUANIversusPANKA.JA SAHU (DEAD) BY LRS. AND ORS.

1995 INSC 5498 September 1995Appeal(s) allowed

Raimati Sahuani filed a suit for declaration of title and possession of her father’s 88‑acre property, alleging that the respondents were in possession without any right. The respondents defended the suit by claiming that the first respondent was the adopted son of the appellant’s father, Urddhaba, and therefore entitl

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.

STATE OF M.P.versusSURESH GUPTA AND ANR.

1995 INSC 5518 September 1995Disposed off

The State of Madhya Pradesh appealed against Suresh Gupta and another, seeking direction on pending criminal matters. The High Court had earlier issued findings and observations in W.P. Nos. 671 & 596 of 1995. The appellant and respondent agreed that the lower courts should decide the pending and connected matters on t

R. CHANDEVARAPPA ETC. ETC.versusSTATE OF KARNATAKA AND ORS. ETC. ETC.

1995 INSC 5528 September 1995Dismissed

The original grantee, Dasana Rangaiah, was allotted two acres of government land in 1951 under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. He sold the land to the appellant in 1968, but a 1987 representation led the Assistant Commissioner to set aside the sale as

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

PAINDER SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.

1995 INSC 4468 August 1995Dismissed

The petitioners sought a further increase in compensation for land acquired under a 1964 notification of the Land Acquisition Act, 1894, arguing that higher awards in adjacent villages and a later award of Rs. 68,000 per bigha should apply. The Supreme Court examined whether a circular issued under Section 48 of the St

NATIONAL THERMAL POWER CORPORATION LTDversusM/S. FLOWMORE PRIVATE LTD. AND ANR.

1995 INSC 3428 May 1995Appeal(s) allowed

The appellant, National Thermal Power Corporation Ltd., entered into a contract with Flowmore Private Ltd. for the supply of pumps and related equipment, under which Flowmore furnished five bank guarantees payable on demand. Disputes arose and the parties referred the matter to arbitration; during the pendency, the app

BHUKAMP PIDIT ANDOLANversusSTATE OF U.P. AND ANR.

1995 INSC 3438 May 1995Disposed off

The District Collectors of Uttarkashi and Tehri Garwal submitted reports on earthquake compensation claims. In Uttarkashi, after verification, no eligible victims were left out. In Tehri, out of 6,978 claimants, 6,071 were verified, 907 pending, 3,844 ineligible, 576 eligible but not yet claimed, and 151 minors ineligi

DILBAG SINGHversusSTATE OF U.P. AND ORS.

1995 INSC 3448 May 1995Appeal(s) allowed

The appellant, a former army officer commissioned in 1974 and released in 1979, was appointed as Deputy Collector in 1979 and sought seniority from his commission date under Rule 5 of the Uttar Pradesh Non‑Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1980. The State argued th

S.L. SONIversusSTATE OF M.P. AND ANR.

1995 INSC 3458 May 1995Dismissed

The appellant, S.L. Soni, sought promotion to Assistant Conservator of Forest under the Madhya Pradesh Forest Service (Recruitment) Rules, 1977. A High Level Committee, constituted as per the Rules, evaluated the claims of all eligible officers based on seniority, merit, and integrity, using the average of the last fiv

UNION OF INDIA AND ORS.versusMAHINDRA AND MAHINDRA LTD., BOMBAY

1995 INSC 1748 March 1995Dismissed

Mahindra & Mahindra Ltd. entered into a ten‑year technical know‑how agreement with Peugeot, a French firm, paying a lump‑sum of 15 million French Francs. The company later imported CKD engine packs and service parts. The Customs Assistant Collector held that the invoice price of the CKD packs was not the sole considera

MOHAN SINGHversusSTATE OF HARYANA.

1995 INSC 1758 March 1995Appeal(s) allowed

Mohan Singh was arrested at Rewari railway station for allegedly possessing an unlicensed revolver. He was convicted by a Designated Court under Section 5 of the Terrorist & Disruptive Activities (Prevention) Act, 1985 read with Section 25 of the Arms Act, 1959, and sentenced to five years' rigorous imprisonment. On ap

S. RANGARAJU NAIDUversusS. THIRUVARAKKARASU.

1995 INSC 1768 March 1995Disposed off

The appellant borrowed Rs.35,500 from the respondent and his brother, paid Rs.20,000 and executed a promissory note for the balance of Rs.15,500 with 9% interest. On the same day he also executed an agreement to sell three plots of land for the same amount, intending the sale to discharge the note. The respondent sued

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANR. ETC.

1995 INSC 1058 February 1995Disposed off

The Delhi Development Authority (DDA) held an auction for a commercial plot in 1980, and Skipper Construction was the highest bidder at Rs. 9.82 crores. Skipper deposited 25% but delayed the balance payment, leading to an agreement in 1987 for instalment payments. Skipper continued to delay and filed a writ petition in

MANSUKHLAL DHANRAJ JAIN AND ORS. ETC.versusEKNATH VITHAL OGALE ETC.

1995 INSC 1068 February 1995Dismissed

The appellants, licensees of certain premises in Greater Bombay, filed suits for permanent injunction in the City Civil Court to prevent the licensor‑defendants from forcibly evicting them. The defendants challenged the City Civil Court’s jurisdiction, arguing that under Section 41(1) of the Presidency Small Causes Cou

P.R. SINHA AND ORS.versusINDER KRISHAN RAINA AND ORS.

1995 INSC 8527 December 1995Disposed off

The respondents filed a writ petition in the Jammu & Kashmir High Court seeking a direction that Bharat Coking Coal Ltd. release coal for which they had paid, alleging that the deposited money had been attached by the Income Tax Department. The High Court issued an ex parte interim order on 27 August 1990 directing the

STATE THROUGH CBIversusMOHD. ASHRAFT BHAT AND ANR.

1995 INSC 8537 December 1995Appeal(s) allowed

The respondent, Ashraf Bhat, was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in connection with two FIRs. In FIR No. 56 of 1991 he was arrested on 17‑April‑1992, but the prosecution filed the police report (challan) on 23‑December‑1992, after the one‑year period prescribed under the Ac

STATE OF WEST BENGAL AND ANR.versusBANDAN BAYEN AND ORS.

1995 INSC 8547 December 1995Appeal(s) allowed

The State of West Bengal recruited candidates for the post of Lower Division Clerk (LDC) in district and sub‑divisional offices under the West Bengal Board's Miscellaneous Rules, 1955, which required a minimum typing speed of 30 words per minute. Forty‑four respondents who failed the typing test were denied appointment

GANGAL RAMversusSTATE OF HARYANA AND ORS.

1995 INSC 8557 December 1995Disposed off

In December 1992 the State of Haryana conducted an examination for Road Inspectors, declaring two candidates selected on 1 January 1993. Subsequently, on 16 July 1993, fourteen additional candidates were appointed by promotion, allegedly without any selection process and possibly involving bribes. The appellant, who ha

BAHADUR SINGH NARODA AND ORS.versusSTATE OF M.P. ORS.

1995 INSC 8567 December 1995Dismissed

The appellants, who were holding certain posts, filed an appeal against a decision of the Madhya Pradesh State Administrative Tribunal that ordered them to be continued in their positions until regularly selected candidates were appointed and took charge. The State filed a counter‑affidavit stating that the regular can

MARY JOHNYversusUNION OF INDIA

1995 INSC 8577 December 1995Dismissed

Mary Johny, a Group C employee of Doordarshan Kendra in the Maharashtra‑Goa‑Dadar‑Nagar Haveli region, challenged her promotion and transfer to Akashvani (All India Radio) within the same region, contending that she had elected to remain with Doordarshan when the two services were bifurcated in 1976. The Central Admini

THE STATE OF MAHARASHTRAversusDEORAO AND ANR. ETC.

1995 INSC 8587 December 1995Disposed off

The State of Maharashtra appealed against a Tribunal order concerning daily‑wage workers in the Forest Department who sought regular absorption after eight years of service. The State had framed a scheme prescribing minimum education, age (28 years, with a 5‑year relaxation for backward classes) and physical standards

KARUNA LAHIRIversusGAUTAM KUMAR CHAKRABORTY AND ORS.

1995 INSC 8597 December 1995Dismissed

The appellant, Karunalahiri, and the first respondent, Gautam Kumar Chakraborty, were initially appointed on an ad‑hoc basis in the Orissa State Law Department. A selection committee placed the respondent at serial No. 1 and the appellant at serial No. 3, with confirmation to be made by the State Public Service Commiss

SITA DEVI WD/O MUKAND LALversusSTATE OF HARYANA AND ANR.

1995 INSC 8607 December 1995Disposed off

Sita Devi, widow of Mukand Lal, appealed against the State of Haryana challenging the award of compensation for land acquired under the Land Acquisition Act, 1894. The Collector’s award (26‑Nov‑1976) and the reference court’s award (10‑Jan‑1985) raised questions about entitlement to solatium, interest, and additional c

THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTAversusENGINEERS-DE-SPACE-AGE

1995 INSC 8617 December 1995Dismissed

The Board of Trustees for the Port of Calcutta contracted with Engineers‑de‑Space‑Age, including a clause (13(g)) that barred the Commissioners from entertaining any claim for interest on delayed payments. An arbitrator, however, awarded interest pendente lite. The Board appealed, contending that the clause prohibited

MANGAT MAL (DEAD) AND ANOTHERversusSMT. PUNNI DEVI (DEAD) AND OTHERS

1995 INSC 5427 September 1995Appeal(s) allowed

In 1934 a widow, Sukh Devi, was awarded specific immovable property and a lump‑sum by arbitration as compensation for her pre‑existing right to maintenance from her father‑in‑law’s joint family. After the Hindu Succession Act, 1956 came into force, the widow sold the property in 1960, and the sale was challenged on the

HINDUSTAN VEGETABLE OILS CORPORATION LTD.versusPROGRESSIVE INDUSTRIES AND OTHERS ETC.

1995 INSC 5437 September 1995Appeal(s) allowed

The Supreme Court considered appeals by Hindustan Vegetable Oils Corporation Ltd. (the appellant) against an Allahabad High Court order that compelled it to issue Declaration Forms (Form III‑Kha) to several dealers (the respondents) for tins purchased for vanaspati production. The dispute centered on whether the appell

PALGHAT BPL AND PSP THOZHILALI UNIONversusBPL INDIA LTD. AND ANR.

1995 INSC 5447 September 1995Appeal(s) allowed

During a strike at BPL India Ltd., three workmen affiliated with the Palghat BPL and PSP Thozhilali Union assaulted company officers at a bus‑stop outside the factory, throwing stones and causing injuries. The employer dismissed the workmen under Clause 39(h) of its certified Standing Orders, alleging misconduct, and t

J.G. PRASADA RAO ETC. ETC.versusTHE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC.

1995 INSC 5457 September 1995Appeal(s) allowed

The appellant, J.G. Prasada Rao, claimed seniority over several respondents in the Andhra Pradesh Divisional Accounts Officers Service based on having passed the Divisional test earlier. The State Government had absorbed Divisional Accountants, SAS Accountants and SAS passed Auditors from the Accountant General's cadre

CHANDIGARH HOUSING BOARDversusAVTAR SINGH AND ANR.

1995 INSC 4437 August 1995Appeal(s) allowed

The Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, under Regulation 6, permit only one member among a husband, wife, unmarried children or other family members to receive an allotment of a house or flat. Both Avtar Singh and his wife separately applied for Category II flats an

PRIYA VART AND ANR.versusUNION OF INDIA

1995 INSC 4447 August 1995Dismissed

The petitioners, Priya Vart and others, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that it should be increased from Rs.10,000 to Rs.14,000 per bigha. The High Court had enhanced the award to Rs.10,000, noting the interior location of the Khyala village lands comp

R.MANICKA NAICKER ETC.versusE. ELUMALAI NAICKER ETC.

1995 INSC 2537 April 1995Dismissed

The respondent, the original inamdar of a minor inam, sued his tenant (the appellant) for possession of the land. While the suit was pending, the Assistant Settlement Officer, under the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, granted a joint ryotwari patta: a ground‑rent patta for the bui

M/S KAJARIA EXPORTS LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 2547 April 1995Appeal(s) allowed

M/s Kajaria Exports Ltd. and others imported 5,000 metric tonnes of white cement and sought clearance under the Open General Licence provision of Appendix 6 List 8 Part III Item 33 of the 1984-85 Import and Export Policy. The authorities denied clearance, issuing a show‑cause notice that white cement was a canalised it

DAHIBEN W/O RANCHHODJI JIVANJI AND ORS. ETC.versusVASANJI KEVALBHAI (DEAD) AND ORS. ETC.

1995 INSC 2557 April 1995Dismissed

The appellants sought possession of land occupied by the respondents, who claimed status as protected tenants under the Bombay Tenancy Act, 1939. The dispute turned on whether tenants residing in areas covered by clause (c) of section 88(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 retained that protected

INDIAN OIL CORPORATION LTD.versusMUNICIPAL CORPORATION AND ANR.

1995 INSC 2567 April 1995Dismissed

The petition filed by Indian Oil Corporation Ltd. challenged a Full Bench judgment of the Madhya Pradesh High Court that had overruled a Division Bench decision on the construction of Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1956, which contains a non‑obstante clause. The Supreme Court examined w

PRASHANT RAMACHANDRA DESHPANDEversusMARUTI BALARAM HAIBATTI

1995 INSC 2577 April 1995

The appellant, a tenant, had his revision petition dismissed by the Karnataka High Court for failing to comply with Section 29(1) of the Karnataka Rent Control Act, 1961, and gave an undertaking to vacate the premises within six months. He subsequently filed a Special Leave Petition (SLP) under Article 136 of the Const

GOVERNMENT OF TAMIL NADU AND ANR.versusVASANTHA BAI

1995 INSC 2587 April 1995Appeal(s) allowed

The Government of Tamil Nadu acquired 0.87 hectare of land under the Land Acquisition Act, 1894, publishing a notification on 12‑April‑1988 and a declaration on 29‑April‑1989. The landowner challenged the acquisition in a writ petition; the High Court dismissed the petition but the landowner obtained a stay of disposse

MAJOR GENERAL IPS DEWANversusUNION OF INDIA AND ORS.

1995 INSC 1667 March 1995Dismissed

Major General IPS Dewan challenged his non‑selection for promotion to Lt General, alleging that adverse remarks recorded by the Chief of the Army Staff were void because they amounted to "severe displeasure" and required a show‑cause notice, and that his statutory complaint against those remarks should have been decide

STATE OF MAHARASHTRA AND ANR. AW. DHOPE AND ORSversusSHRI SANJAY THAKRE AND ORS.

1995 INSC 1677 March 1995Dismissed

The Supreme Court examined a seniority dispute in the Maharashtra Forest Service between directly recruited Assistant Conservators of Forests and those promoted (promotees). The State Administrative Tribunal had directed that inter‑seniority be determined according to the service rule’s 1:1 quota between direct recruit

GULZARA SINGHversusTHE COLLECTOR, LUDHIANA AND ORS.

1995 INSC 1687 March 1995Appeal(s) allowed

Gulzar Singh was granted 25 kanals 4 marlas of Nazool land by the Collector, Ludhiana, on 17 June 1968 subject to paying Rs.1,520 as redemption of a possessory mortgage. He paid the amount on 30 June 1968 and took possession, but the Collector cancelled the grant on 13 September 1968, claiming that the mortgagees had e

INDORE DEVELOPMENT AUTHORITYversusSMT. SADHANA AGARWAL AND ORS.

1995 INSC 1697 March 1995Appeal(s) allowed

The Indore Development Authority (IDA) advertised LIG and MIG flats on a hire‑purchase basis, stating only an estimated price that would be finalized at allotment. Over several years the Authority raised the price from the original estimates of Rs 45,000 (LIG) and Rs 70,000 (MIG) to Rs 60,000 and Rs 95,000, and later t

M/S. S.R.F. LIMITEDversusM/S. GARWARE PLASTICS AND POLYESTERS LTD. AND ORS.

1995 INSC 1707 March 1995Appeal(s) allowed

The Board of Industrial and Financial Reconstruction (BIFR) approved a merger scheme to revive Flowmore Polyester Ltd., a sick company, by merging it with SRF Ltd. Garware Plastics and Polymers Ltd., which had earlier submitted a stand‑alone revival proposal that was rejected, claimed to be an "interested person" and s

PPK GOPALAN NAMBIARversusPPK BALAKRISHNAN NAMBIAR AND ORS.

1995 INSC 1727 March 1995Appeal(s) allowed

In a partition suit, the defendant (appellant) produced a registered will executed by his mother that left the entire estate to him. The trial court rejected the will, finding suspicious circumstances, while the subordinate judge upheld its validity, relying on the registrar's endorsement as proof of the testator's sou

SHIV DAS AND ORS.versusSMT. DEVKI (DEAD) BY LRS. AND ORS.

1995 INSC 1737 March 1995Disposed off

Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs entitled to equal halves

M/S VOLTAS LTD. BOMBAYversusUNION OF INDIA AND ORS.

1995 INSC 1027 February 1995Appeal(s) allowed

Mis Voltas Ltd. entered into exclusive distribution agreements with numerous manufacturers, containing territorial and exclusive dealing clauses. The Monopolies and Restrictive Trade Practices Commission (MRTPC) issued notices under Section 10(a)(iii) and Section 37 of the Monopolies and Restrictive Trade Practices Act

SHARMIK UTTARSH SABHAversusRAYMOND WOOLLEN MILLS LTD. AND ORS.

1995 INSC 1037 February 1995Dismissed

The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court had restrai

M/S NOORULLA GHAZANFARULLAversusL. THE MUNICIPAL BOARD OF ALIGARH, ALIGARH 2. THE STATE OF UTIAR PRADESH, LUCKNOW 3. SH. R.N. MATHUR, OFFICER-ON-SPECIAL DUTY, NAGAR PALIKA, ALIGARH.

1995 INSC 1047 February 1995Disposed off

The appellant, a partnership holding a water‑supply licence granted under the U.P. Municipalities Act, 1916, asked the Aligarh Municipal Board to revoke its licence so that the Board could purchase the water works. The Board revoked the licence on 1 April 1975 and claimed that the water‑works property vested in it from

CHIEF CONSERVATOR OF FORESTSversusJAGANNATH MARUTI KONDHARE

1995 INSC 8476 December 1995Dismissed

The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Pr

BAHADURGARH FLAT HOLDERS ASSOCIATIONversusTHE STATE OF HARYANA AND ANR.

1995 INSC 8486 December 1995Disposed off

The Supreme Court examined an allotment of free‑hold plots in Sector‑6, Bahadurgarh made under the Punjab Urban Estates (Development & Regulation) Act, 1964 and the Punjab Urban Estates (Sales of Sites) Rules, 1965. The allotment required an initial 25% payment and allowed the balance to be paid in instalments with 7%

P. VENKATARAJUversusSPECIAL TEHSILDAR (LAND ACQUISITION)

1995 INSC 8496 December 1995Dismissed

The appellant's land was acquired for the Vengalarayasagar Project under a notification issued on 20 September 1979 pursuant to section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 10,000 per acre, but the Subordinate Judge, on reference under section 18(1), en

SANJAY INDUSTRIAL AND ENGINEERING COMPANYversusTHE STATE OF BIHAR AND ORS.

1995 INSC 8506 December 1995Dismissed

The appellant, Sanjay Industrial and Engineering Co., challenged a decision of the State Government before the Supreme Court, raising two main points. First, it contended that a letter dated 5 July 1979 should be treated as an integral part of an agreement dated 17 July 1979, thereby creating an obligation to pay Rs. 4

PATEL NATWARLAL RUPJIversusSHRI KONDH GROUP KHETI VISHAYAK AND ANR

1995 INSC 8516 December 1995Dismissed

The petitioner sought a declaration and injunction to prevent the attachment and sale of land that had been attached to satisfy a monetary award against the respondent society. He relied on Section 53-A of the Transfer of Property Act, claiming that an agreement of sale executed after the attachment but before judgment

LAXMI CHAND & ORS.versusGRAM PANCHAYAT, KARARIA AND ORS.

1995 INSC 6886 November 1995Dismissed

The petitioners challenged the acquisition of their land by a Gram Panchayat for a school, arguing that the Land Acquisition Officer (LAO) had lost jurisdiction after initially dropping the proceedings due to the Panchayat’s lack of funds. The Supreme Court held that the LAO retained power to reopen the inquiry and mak

NARESH J. SUKHAWANIversusUNION OF INDIA

1995 INSC 6896 November 1995Dismissed

The Customs officials seized foreign exchange worth Rs.13,27,212 being exported from India. During investigation, a co‑accused, Mr. Dudani, gave a statement to customs officers under Section 108 of the Customs Act, implicating both himself and the petitioner, Mr. Sukhawani, in the contravention. The Additional Collecto

STATE OF U.P. AND ORS.versusU.P. MADHYAMIK SHIKSHA PARISHAD SHRAMIK SANGH

1995 INSC 6906 November 1995Appeal(s) allowed

The U.P. Madhyamik Shiksha Parishad employed daily wage workers as class‑IV staff for manual tasks during examinations, paying them a daily rate fixed by the District Magistrate under the Minimum Wages Act. The workers filed a writ petition seeking regularisation and equal pay with regular class‑IV employees. The Allah

STATE OF HARYANA AND ORS.versusDEWAN SINGH AND ORS.

1995 INSC 6916 November 1995Appeal(s) allowed

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 22 January 1981 and the Collector made an award on 19 April 1984, dispensing with the enquiry required by Section 5‑A by invoking Section 17(4). The landowners filed a writ petition on 13 May 1985 challenging the notifica

MARKET COMMITTEE, HODALversusKRISHAN MURARI AND ORS.

1995 INSC 6926 November 1995Appeal(s) allowed

The Market Committee, Hodal appealed against a High Court order that had set aside a land acquisition award on the ground that the government’s dispensing with the enquiry required under Section 5A of the Land Acquisition Act, 1894 was invalid. The award had been made on 19 May 1984, possession taken, and compensation

S. PRABHA SINGH DHILLON ETC. ETC.versusHOSHIARPUR IMPROVEMENT TRUST AND ORS.

1995 INSC 6936 November 1995Disposed off

The petitioners, owners of land acquired under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, sought solatium, interest, and an additional amount after the award and supplementary award were made. The Supreme Court examined whether owners who remained in possession of the land were entitled to the statuto

MOHD. QAISERversusL.K. SINHA AND ORS.

1995 INSC 6946 November 1995Disposed off

The petitioner, a former railway employee, filed a contempt petition against the General Manager of Northern Railway for failing to comply with a court order directing payment of Rs 50,000. The General Manager claimed he only learned of the order on 27 September 1995, issued a cheque on 29 September, which the petition

SURJIT SINGH AND ORS ETC. ETC.versusHARBANS SINGH AND ORS ETC. ETC.

1995 INSC 5396 September 1995Appeal(s) allowed

The case involved a family settlement deed that prohibited alienation of the ancestral property during the lifetime of the patriarch, Janak Singh. After his death, a suit for partition was filed and the trial court passed a preliminary decree and subsequently an order restraining all parties from alienating any part of

S.K. KAMDAR AND ANR.versusSTATE OF MAHARASHTRA

1995 INSC 5406 September 1995Dismissed

The appellants were charged with violations of the Foreign Exchange Regulation Act, 1947 and the Indian Penal Code section 120‑B. A complaint was filed under the corresponding provisions of the Foreign Exchange Regulation Act, 1973. The trial court dismissed the complaint, holding that the 1947 and 1973 Acts were incon

MAJOR ASHOK KUMAR SINGHversusVITH ADDL. SESSIONS JUDGE, VARANASI AND ORS.

1995 INSC 5416 September 1995Dismissed

The appellant and respondent were married in 1981. The wife filed a petition under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance and a separate residence on the ground that the husband was impotent and neglected her. The magistrate awarded Rs. 500 per month, which was affirmed by the Sessions

SMT. KEWAL PATIversusSTATE OF U.P AND ORS.

1995 INSC 2516 April 1995Case Allowed

Ramjit Upadhaya, a convict serving a sentence under Section 302 IPC in Central Jail, Varanasi, was killed by a co‑accused inmate. His wife and three children filed a writ petition under Article 32 seeking compensation, arguing that the State failed to protect his life while in custody. The State contended that the Utta

STATE OF U.P. AND ORS.versusCOMMITIEE OF MANAGEMENT OF S.K.M. INTER COLLEGE AND ANR.

1995 INSC 2526 April 1995Appeal(s) allowed

The State of Uttar Pradesh, through the Director of Education, issued a show‑cause notice to the Committee of Management of S.K.M. Inter College under Section 16‑D(2) and (3) of the U.P. Intermediate Education Act, 1921, alleging mismanagement, misappropriation of funds and other irregularities. The Committee's explana

CANARA BANKversusNUCLEAR POWER CORPORATION OF INDIA LTD. AND ORS.

1995 INSC 1606 March 1995Appeal(s) allowed

Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to Transactions in Securities

U.P. AVAS EVAM VIKAS PARISHAD LUCKNOW (U.P.)versusSMT. PUSHPA LATA AWASTHI

1995 INSC 1616 March 1995Disposed off

The appellant, U.P. Avas Evam Vikas Parishad, challenged the High Court's order quashing a land acquisition notification issued under the Land Acquisition Act, 1894. The respondent, Smt. Pushpa Lata Awasthi, had purchased the land from the original owner, Chotelal, after the notification was served but before any objec

FOOD CORPORATION OF INDIAversusTHANESWAR KALITA AND ORS. ETC.

1995 INSC 1626 March 1995Appeal(s) allowed

The respondents were appointed on an adhoc basis by the Food Corporation of India without following the prescribed rules, and they continued in service for a long period due to the non‑availability of directly recruited candidates. The High Court ordered that the entire adhoc period be treated as regular service, grant

RA VINDER SINGHversusSTATE OF M.P. AND ORS.

1995 INSC 1636 March 1995Appeal(s) allowed

The appellant, an Assistant Sub‑Inspector of Police, was accused of delays in dispatching communications and of failing to keep a copy of the Superintendent’s leave application on record. After being threatened and warned by the Superintendent, he tendered his resignation on 3 January 1991. He withdrew the resignation

NANI GOPAL PAULversusT. PRASAD SINGH AND ORS.

1995 INSC 1646 March 1995Appeal(s) allowed

The case arose from a foreclosure suit where a court‑appointed receiver sold the mortgaged property to the appellant, Nani Gopal Paul, for Rs 60 lakhs, of which only Rs 5 lakhs was deposited. The sale was confirmed by a single High Court judge despite the existence of higher offers and without proper scrutiny. Responde

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. SHANTI BAI AND ORS.

1995 INSC 976 February 1995Appeal(s) allowed

New India Assurance Co. issued a comprehensive insurance policy for a bus owned by respondent No.4. The bus was involved in an accident caused by the negligent driving of respondent No.5, resulting in the death of a passenger, Laxman Singh, who was riding on the roof with the driver’s permission. The legal heirs claime

LAL BABU HUSSEIN AND ORS.versusELECTORAL REGISTRATION OFFICER AND ORS.

1995 INSC 986 February 1995Disposed off

The Supreme Court examined the Election Commission's directives that empowered district collectors and police to determine a person's citizenship and delete alleged foreign nationals from electoral rolls. Petitioners challenged the procedure, arguing that notices relied solely on police reports, limited the documents t

STATE OF M.P. AND ANR.versusRAM KISHNA BALOTHIA AND ANR.

1995 INSC 996 February 1995Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court judgment that held Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989— which bars the application of Section 438 of the Code of Criminal Procedure (anticipatory bail) to offences under the Act—unconstitutional. The Supre

MADAN LAL AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1995 INSC 1006 February 1995Dismissed

The Jammu & Kashmir Public Service Commission advertised for Munsiff posts, conducted a written exam and a viva voce interview. Unsuccessful candidates (petitioners) challenged the interview, alleging manipulation, lack of faculty‑wise marking, absence of tape‑recording, bias favouring certain candidates, ineligibility

STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA

1995 INSC 106 January 1995Disposed off

Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, reverted Misra to the pos

M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.

1995 INSC 116 January 1995Dismissed

The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, and, after receiving no

R.D. HATTANGADIversusMIS. PEST CONTROL (INDIA) PVT. LTD. AND ORS.

1995 INSC 126 January 1995Appeal(s) allowed

R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for medical expenses, l

HARBILAS RAI BANSALversusSTATE OF PUNJAB AND ANR.

1995 INSC 8415 December 1995Appeal(s) allowed

The appellant, a landlord of a non‑residential shop, sought to evict his tenant on the ground of bona‑fide personal use, a right that had been removed by the East Punjab Urban Rent Restriction (Amendment) Act, 1956. He challenged the amendment as violative of Article 14 of the Constitution, arguing that the classificat

KHODAY DISTILLERIES LIMITED AND ANR.versusTHE REGISTRAR GENERAL SUPREME COURT OF INDIA

1995 INSC 8365 December 1995Dismissed

Khoday Distilleries Ltd. and others filed a writ petition under Article 32 of the Constitution seeking reconsideration of a Supreme Court judgment that had become final after the dismissal of appeals and review petitions. They contended that the civil appeals were decided on merits without a proper hearing, violating n

RAVJI @ RAM CHANDRAversusSTATE OF RAJASTHAN

1995 INSC 8425 December 1995Dismissed

The appellant, Ravji, was convicted of murdering his pregnant wife and three minor children with an axe, attempting to kill his mother, attempting to murder a neighbour's wife, and murdering the neighbour's father‑in‑law. The trial court and High Court found the prosecution's circumstantial and eyewitness evidence suff

STATE OF ORISSAversusBANSIDHAR SINGH

1995 INSC 8435 December 1995Appeal(s) allowed

Santush Kumar Nayak was admitted with severe burns and, on his deathbed, gave a dying declaration to Dr. P.K. Sahu that his brother‑in‑law Bansidhar Singh had poured kerosene on him. The police initially registered a case under Section 309 IPC (attempted suicide) based on an FIR from the respondent's son, but after the

UNION OF INDIA AND ORSversusC.N. PONNAPPAN

1995 INSC 8445 December 1995Dismissed

The Supreme Court considered three appeals challenging decisions of the Central Administrative Tribunal (CAT) on whether an employee transferred on compassionate grounds, and placed at the bottom of the seniority list in the new unit, could have his service in the former unit counted as experience for promotion in the

ABDUL MANNAN AND ORS.versusSTATE OF WEST BENGAL

1995 INSC 8375 December 1995Dismissed

The appellants, eleven persons charged with offences including murder under s.302 IPC, were juveniles at the time of the alleged crime and were therefore required to be tried by a Juvenile Court under the West Bengal Children Act, 1959. No Juvenile Court had been constituted, and the trial was conducted by an Additiona

SMT. VIRAJ KUNWAR AND ORS.versusII ADDL. DISTT. JUDGE AND ORS.

1995 INSC 8385 December 1995Dismissed

The husband, a tenure‑holder under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, surrendered surplus agricultural land. His wife, who had been judicially separated from him since 1973, claimed that she and their minor children should be treated as a separate holding, allowing her to retain more land. Th

NARENDRA NATH SINHAversusSTATE OF U.P. AND ORS.

1995 INSC 8395 December 1995Disposed off

The appellant, a senior Assistant Engineer in the Uttar Pradesh Public Works Department, was promoted ad‑hoc to Executive Engineer on 12 July 1979 and regularised on 30 June 1980. He filed a writ petition on 29 September 1980 challenging the seniority list of Assistant Engineers. The Allahabad High Court held that any

R. BALAKRISHNA PILLAIversusSTATE OF KERALA AND ANR.

1995 INSC 8455 December 1995Appeal(s) allowed

R. Balakrishna Pillai, a former Kerala Minister for Electricity, was charged with criminal conspiracy (IPC s.120‑B) and an offence under the Prevention of Corruption Act for supplying electricity to a private firm in Karnataka without the Kerala Government's consent. The Kerala High Court held that sanction under CrPC

DINAversusTHE FINANCIAL COMMISSIONER, PUNJAB, CHANDIGARH AND ORS.

1995 INSC 8405 December 1995Appeal(s) allowed

The appellant, a tenant, was ordered to be evicted under Section 8 of the Pepsu Tenancy and Agricultural Lands Act (Second Amendment) 1956 after the three‑year minimum tenancy period expired. The lower tribunals held that expiry alone gave the landlord a right to eject. The Supreme Court examined whether Section 8 conf

STATE OF PUNJABversusGURDIP SINGH AND ORS.

1995 INSC 8465 December 1995Dismissed

The State of Punjab alleged that the young bride Jyoti Bala was subjected to dowry demands and maltreatment by her husband Gurdip Kumar and his family, leading her to commit suicide by self‑immolation. The trial court convicted the accused under Section 306 of the Indian Penal Code for abetting suicide, relying on test

C. RAVICHANDRAN IYERversusJUSTICE A.M. BHATTACHARJEE

1995 INSC 5375 September 1995Disposed off

The petitioner, a practising advocate, filed a public‑interest writ under Article 32 seeking to restrain the Bar Council of Maharashtra and Goa, the Bombay Bar Association and the Advocates' Association of Western India from pressuring the Chief Justice of the Bombay High Court, Justice A.M. Bhattacharjee, to resign an

SHEELA BARSEversusUNION OF INDIA AND ORS.

1995 INSC 5385 September 1995Disposed off

The Supreme Court entertained a writ petition filed by Ms. Sheela Barse, later substituted by the Supreme Court Legal Aid Committee, highlighting the deplorable conditions in which mentally ill women and children were detained in jails. The Court appointed Commissioners to investigate and issued several orders to impro

SATPAL ANTIL AND ANR.versusUNION OF INDIA AND ANR.

1995 INSC 3405 May 1995Dismissed

The appellants, Junior Engineers (Civil) in the Telecommunication Department, passed the departmental qualifying examination for promotion to Assistant Engineer (Civil) and were placed at lower seniority positions in the list prepared by the department. They challenged the seniority list before the Central Administrati

COLLECTOR OF CUSTOMS, CALCUTTAversusSANJAY CHANDIRAM

1995 INSC 3395 May 1995Appeal(s) allowed

The Collector of Customs appealed against the CEGAT order that had accepted the importer’s declared price for zip rolls as the transaction value despite the importer’s forged certificate of North Korean origin. The Supreme Court held that Rules 3 and 4 of the Customs Valuation Rules presume a genuine transaction value

SHAHABUDDIN ABDUL KAHLIK SHAIKHversusSTATE OF GUJARAT

1995 INSC 2505 April 1995Appeal(s) allowed

Shahabuddin Shaikh was convicted under IPC Section 302 read with Section 34 and TADA Section 3 for the murder of Manoharbhai, based solely on the testimony of the victim's brother (PW‑2). PW‑2 gave materially contradictory statements about the place from which he observed the incident, the role of the accused, and the

MIS. UNITED GLASS, BANGALOREversusCOLLECTOR OF CENTRAL EXCISE

1995 INSC 85 January 1995Dismissed

M/s United Glass, a bottling unit of the Khoday Group, filed price lists for various bottle types that were deemed far below cost. The excise authorities re‑determined the values under Rule 7 of the Central Excise (Valuation) Rules, 1975, after finding the appellant’s prices unacceptable. The Collector (Appeals) allowe

SHRI HARISH TANDONversusTHE ADDL. DISTRICT MAGISTRATE, ALLAHABAD, U.P. AND ORS.

1995 INSC 75 January 1995Appeal(s) allowed

The appellant, Harish Tandon, sought eviction of tenants occupying a shop in Allahabad after the original tenant died and his heirs continued the business. The heirs admitted the original tenant's son‑in‑law as a partner in the firm, which the landlord claimed created a deemed vacancy and deemed sub‑letting under the U

STATE OF KERALAversusM.K. KUNHIKANNAN NAMBIAR MANJERI MANIKOTH, NADUVIL (DEAD) AND ORS.

1995 INSC 8274 December 1995Appeal(s) allowed

The Kerala Land Board, under the Kerala Land Reforms Act, 1963, ordered the surrender of excess land held by the family of the deceased respondent. The respondent's sisters filed an impleadment application under Section 85(b) claiming tenancy, which the Board rejected; the High Court affirmed this rejection in C.R.P. 3

COLLECTOR, LAND ACQUISITIONversusGANARAM DHOBA

1995 INSC 8284 December 1995Appeal(s) allowed

The State acquired certain agricultural land of the respondent under Section 4(1) of the Land Acquisition Act, 1894 in 1983 and made an award in 1987. The reference court fixed compensation based on the land's yield, applying a multiplier of 16, which the Orissa High Court affirmed. The State appealed, arguing that old

P. VEERAPPAversusM.A. MOHAMMED AMANULLA

1995 INSC 8294 December 1995Dismissed

The appellant, a long‑time tenant, entered into a 1959 agreement with the landlord to purchase the premises and later compromised a suit for specific performance, agreeing to pay a higher consideration and arrears of rent. He failed to pay the consideration within the stipulated time, causing the agreement to lapse. Th

UNION OF INDIA AND ANR.versusBABU SINGH AND ORS.

1995 INSC 8304 December 1995Appeal(s) allowed

The Union of India acquired about 1230.8 acres of land in Bhatinda, Punjab under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for defence purposes, and an arbitrator determined compensation in an award dated 19 January 1985. The landowners filed a writ petition in the Punjab & Haryana

HARI PADA KHANversusUNION OF INDIA AND ORS.

1995 INSC 8314 December 1995Dismissed

Haripada Khan, a permanent workman of Indian Oil Corporation, was arrested in connection with a theft of oil and subsequently dismissed under Standing Order No.20‑IV, which permits dismissal without a disciplinary enquiry if the employee is convicted or the General Manager is satisfied that continuation is not expedien

GYAN CHANDversusUNION OF INDIA AND ORS.

1995 INSC 8324 December 1995Dismissed

Gyan Chand, a Group B railway officer, was compulsorily retired under Rule 1802 of the Railway Establishment Code. He contended that, because he had not been formally confirmed on the Group B post and was therefore still on probation, the proviso to Rule 1802 should allow him to revert to his substantive Group C post.

HARYANA STATE ELECTRICITY BOARDversusSURASTI DEVI

1995 INSC 8334 December 1995Appeal(s) allowed

The Haryana State Electricity Board appealed a High Court decision that had granted a family pension to Surasti Devi, the mother of a deceased government employee, based on Rule 8.35 of the Punjab Civil Services Rules. The Supreme Court examined whether the mother qualified as a dependent under the Family Pension Schem

NEW REVIERA CO-OP. HOUSING SOCIETYversusSPECIAL LAND ACQUISITION OFFICER

1995 INSC 8344 December 1995Dismissed

The New Riviera Co‑op Housing Society appealed against the Special Land Acquisition Officer after the land on which its flats stood was acquired for a public purpose under the Land Acquisition Act, 1894. An award was made and compensation of Rs.13,11,299 was paid, but the society filed a reference under Section 18 disp

STATE OF HARYANA AND ANR.versusDHAN SINGH

1995 INSC 8354 December 1995Appeal(s) allowed

The State of Haryana appealed a Punjab & Haryana High Court order that had directed the appointment of the brother of a government employee who died while in service on compassionate grounds. The High Court had held the brother eligible for appointment. The Supreme Court examined Rule 6.16‑B(a) of the Punjab Civil Serv

ASHOK KUMAR THAKURversusSTATE OF BIHAR AND OTHERS

1995 INSC 5324 September 1995Case Allowed

The petitioners challenged the criteria adopted by the States of Bihar and Uttar Pradesh for identifying the 'creamy layer' to be excluded from reservation benefits under Articles 14 and 16(4) of the Constitution. Both states had introduced multiple conditions – such as a minimum salary of Rs.10,000 per month, a gradua

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