CHAIRMAN, GOVERNING COUNCIL ANJUMAN ARTS, COMMERCE & SCIENCE & ORS.versusSAYYED MOHAMMAD SHAFI
1996 INSC 298 January 1996Disposed off
The respondent, a government employee, was terminated from service, an order later set aside, leading to a claim for reinstatement and back wages. The Supreme Court examined whether the respondent was entitled to salary for the intervening period during which he was gainfully employed elsewhere, and whether he could cl…
SECRETARY TO GOVERNMENT OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT AND ORS.versusP. ESWAR REDDY AND ORS.
1996 INSC 308 January 1996
The Supreme Court examined an appeal by the Secretary to the Government of Andhra Pradesh against a decision of the Andhra Pradesh Administrative Tribunal concerning junior college lecturers. The issue was whether these lecturers were entitled to a compensatory allowance during holidays and leave when no official dutie…
KESHABO AND ANR.versusSTATE OF M.P. AND ORS.
1996 INSC 318 January 1996Dismissed
The appellants purchased Bhumiswami rights of tribal land from Somu Gond in 1960. Section 165(6) of the Madhya Pradesh Revenue Code requires prior permission from a Collector before such alienation to a non‑tribal person, and no permission was obtained. The Board of Revenue held the sale void, a decision affirmed by th…
RAMESH CHANDRA TIWARI AND ANR.versusU.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND ORS.
1996 INSC 328 January 1996Disposed off
The Supreme Court considered an appeal by Ramesh Chandra Tiwar and another against the U.P. Avas Evam Vikas Parishad concerning land acquisition under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The key issue was whether Section 6 of the Land Acquisition Act, 1894 and the 1984 Amendment Act applied to such acqui…
A.J. JOSEPHversusUNION OF INDIA AND ORS.
1996 INSC 338 January 1996Dismissed
A.J. Joseph, a Head Compounder posted in the Andaman & Nicobar Islands, appealed against the Government's refusal to grant him a higher scale of pay under Fundamental Rule 9(25) clause 7(iii). The Central Administrative Tribunal had held that prescribing a higher pay scale was a policy decision beyond its jurisdiction.…
CHANDRASWAMI AND ANOTHERversusCENTRAL BUREAU OF INVESTIGATION
1996 INSC 13017 November 1996Disposed off
The petitioners, Chandraswami and another, were accused of cheating under Sections 120B and 420 of the IPC for allegedly obtaining US$1 lakh from a complainant in 1983. They were arrested in 1988, released on bail with conditions, and later permitted to travel abroad. After a Supreme Court‑ordered restraint on foreign …
EXECUTIVE DIRECTOR TTD AND ANR.versusD. NAGULU NAIDU
1996 INSC 13027 November 1996Appeal(s) allowed
The respondent, D. Nagulu Naidu, a regularised employee of the Tirumala Tirupati Devasthanams, challenged a transfer order in a writ petition before the Andhra Pradesh High Court. The Single Judge did not suspend the transfer but held it would be decided on the merits of the petition. The respondent appealed this order…
STATE OF H.P. AND ORS.versusSURINDER KUMAR MOHLNDRA AND ORS.
1996 INSC 13037 November 1996Appeal(s) allowed
The respondent, an Agriculture Inspector in Himachal Pradesh, sought promotion to the post of Joint Director (Agriculture). Promotion rules required merit, seniority, a minimum three‑year service in the feeder grade and a "zone of consideration" limited to five times the number of vacancies. The Departmental Promotion …
SH. MOHAN SINGH AND ORS.versusINTERNATIONAL AIRPORT AUTHORITY OF INDIA AND ORS.
1996 INSC 13047 November 1996Dismissed
The International Airport Authority of India acquired land for airport expansion by invoking the urgency power under Section 17(1) of the Land Acquisition Act, dispensing with the Section 5‑A enquiry and taking possession under Section 17(4). The appellants challenged the validity of the notification under Section 4(1)…
STATE OF HARYANA AND ORS.versusJASMER SINGH AND ORS.
1996 INSC 13057 November 1996Appeal(s) allowed
The State of Haryana appealed a High Court order that had granted daily‑wage mail‑cum‑chowkidars and pump operators the same salary as regular employees of the same posts. The Supreme Court held that the principle of "equal pay for equal work" cannot be mechanically applied to daily‑rated workers because they differ in…
STATE OF HARYANAversusDHARAMPAL, WATER PUMP OPERATOR AND ORS.
1996 INSC 13067 November 1996Appeal(s) allowed
The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be regularised and to receive p…
SEWA KAURversusSTATE OF PUNJAB
1996 INSC 13077 November 1996Dismissed
Sewa Kaur and her paramour Bakhshish Singh were convicted for the murder of Sewa's husband, Havaldar Gurdev Singh, under IPC sections 302 and 201. The prosecution relied on the sole eyewitness testimony of the victim's son, extra‑judicial confessions made to a police informant, medical evidence of fatal head injuries, …
SHEAPUJAN BHAGATversusTHAKUR HEMBROM AND ORS.
1996 INSC 13087 November 1996Disposed off
The village headman Hari Hembrom resigned voluntarily, rendering the village a 'Khas village' under Section 4(ix) of the Santai Parganas Tenancy (Supplementary Provisions) Act, 1949. An election was held and the appellant, Sheapujan Bhaghat, was declared the winner, which the respondent, Thakur Hembrom, contested on th…
EMPLOYEE'S STATE INSURANCE CORPORATIONversusM/S. F. FIBRE BANGALORE (P) LTD.
1996 INSC 13097 November 1996Appeal(s) allowed
The Employees' State Insurance Corporation (ESIC) sought recovery of employer contributions from M/S F. Fibre Bangalore (P) Ltd., which disputed the liability and quantum of the contribution. The dispute centered on whether, under Section 75 of the Employees' State Insurance Act, 1948, the corporation or the employer m…
SMT. TULSA BAIversusSTATE OF MADHYA PRADESH AND ORS.
1996 INSC 13107 November 1996Dismissed
Sm. Tulsabai filed a suit seeking declaration of title and an injunction against the State of Madhya Pradesh and others, asserting that she purchased a plot and built a house using her own funds. The State contended that the house was held in her name as a benami transaction to shield her husband, a businessman, from s…
ANUKUL CHANDRA PRADHANversusUNION OF INDIA AND ORS.
1996 INSC 11497 October 1996Disposed off
The petition under Article 32 sought Supreme Court directions to ensure that investigations by the CBI and other agencies into alleged crimes by public functionaries were completed and charge‑sheets filed. The Court noted that charge‑sheets had already been filed in three cases (St. Kitts forgery, Lakhubhai Pathak chea…
LOKNARAYAN PANDE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 11507 October 1996Dismissed
The petitioners, Head Constables in the Maharashtra Subordinate Police Service, sought regularisation for promotion to Sub‑Inspector based on a High Court order that required them to file their willingness within two months. They failed to do so, later filed a special leave petition, and claimed that a subsequent gover…
SRI HANUMANTHAPPAversusSRI MUNINARAYANAPPA
1996 INSC 11517 October 1996Appeal(s) allowed
The appellant, Sri Hanumanthappa, filed a partition suit in 1966 and obtained a compromise decree in 1990 granting him a share of 39 guntas of land, for which he was put in possession by the Tehsildar in 1993. The respondent, Sri Muninarayanappa, had purchased the same land from a co‑sharer in 1986, before the decree. …
JOGINDER TULIversusS.L. BHATIA AND ANR.
1996 INSC 11527 October 1996Dismissed
The appellant, Joginder Tuli, occupied a premises under a lease dated 21 December 1990 at a rent of Rs.6,000 per month. The respondent, S.L. Bhatia, terminated the tenancy on 15 March 1993 and instituted suit No.133/1993 for possession, valuing the suit at Rs.72,000. The respondent later amended the plaint to claim dam…
DR. SHIVDEV SINGH GREWAL THROUGH DR. AMRIK SINGH SANDHUversusHARGURBACHAN SINGH GREWAL
1996 INSC 11537 October 1996Appeal(s) allowed
The appellant, residing in Malaysia, was served summons for a suit seeking declaration of title and possession of property. The suit was decreed ex‑parte on 22 July 1986. Upon learning of the decree on 13 November 1986, the appellant filed an application under Order IX, Rule 13 of the Code of Civil Procedure on 24 Dece…
UNION OF INDIAversusSHRI UJAGAR LAL
1996 INSC 11547 October 1996Appeal(s) allowed
The case concerned Shri Ujagar Lal, a retired railway employee who remained in unauthorized possession of railway accommodation for over two years, resulting in the Railway Board’s circular directing that his death‑cum‑retirement gratuity not be paid until he surrendered the quarters. The Central Administrative Tribuna…
OM PRAKASH GARGIversusSTATE OF PUNJAB AND ORS.
1996 INSC 11557 October 1996Dismissed
The petitioner, a government servant, sought reimbursement of medical expenses incurred for heart disease treatment in a private hospital. Although the amount was eventually disbursed on August 28, 1991, there was a delay, and the petitioner claimed interest at 12% on the delayed payment. The Punjab & Haryana High Cour…
DR. KISHOREversusTHE STATE OF MAHARASHTRA AND ORS.
1996 INSC 11567 October 1996Dismissed
Dr. Kishore was appointed on an ad hoc basis as Medical Officer (Class III) in Maharashtra on 28 February 1990, with successive extensions. Fearing termination, he filed a writ petition, which was transferred to the Maharashtra Administrative Tribunal. The Tribunal allowed him to continue only until a candidate selecte…
STATE OF U.P. AND ANR.versusVED PAL SINGH AND ANR.
1996 INSC 11577 October 1996Appeal(s) allowed
The respondent, a temporary government employee, was removed from service after being convicted under Section 409 of the Indian Penal Code. He was later acquitted, and sought reinstatement with back wages. The Allahabad High Court directed payment of back wages, but the Supreme Court limited its review to that issue. E…
THE STATE OF BIHAR AND ANR.versusNILMANI SAHU AND ANR.
1996 INSC 11587 October 1996Appeal(s) allowed
The State of Bihar acquired 43.14 acres of land with trees under the Land Acquisition Act, 1894, and the Land Acquisition Officer valued the trees at Rs 2,466, a valuation upheld by the reference court and embodied in a decree dated 27 March 1980. The State paid compensation and the respondents appealed under Section 5…
DAYANANDLAL AND ORS.versusSTATE OF KERALA AND ORS.
1996 INSC 8347 August 1996Disposed off
The case concerned promotions of constables to head constables in the Kerala Police Subordinate Service. Senior constables who had failed a 1978 promotion test were later qualified in a 1981 test, but juniors who qualified in 1978 were promoted first under Rule 10(ii) of a 1963 order. The senior constables challenged t…
TULSI SINGHversusSTATE OF PUNJAB
1996 INSC 8357 August 1996Appeal(s) allowed
Tulsi Singh was convicted by a Special Court for the murder of his wife based solely on a confession he gave before a Judicial Magistrate. The appellant contended that the confession was not recorded in accordance with Section 164(2) of the Criminal Procedure Code, which requires the magistrate to caution the accused a…
M/S SIRDANWAL INDUSTRIESversusCOMMISSIONER OF SALES TAX
1996 INSC 8367 August 1996Appeal(s) allowed
Mis Sirdanwal Industries appealed against the Commissioner of Sales Tax challenging the classification of its brass wire under the Uttar Pradesh Sales Tax Act, 1948. The issue was whether the brass wire, an alloy of copper and zinc, fell within the entry "copper, tin, nickel, or zinc, or any other alloy containing any …
V. L. PATILversusARJUN HALAPPA NAIKAWAD! AND ORS.
1996 INSC 8377 August 1996Appeal(s) allowed
The Supreme Court examined whether the Karnataka High Court was justified in criticizing the appellant, V.L. Patil, for allegedly using his ministerial position to influence a land tribunal's decision. The High Court had linked Patil's role as a minister to the tribunal's order, despite finding no direct or circumstant…
THE STATE OF M.P. ETC.versusHARISHANKAR GOEL AND ANR. ETC.
1996 INSC 8387 August 1996Appeal(s) allowed
The State of Madhya Pradesh acquired 33 bighas 15 biswas of agricultural land in 1964 for industrial purposes. The Collector initially awarded Rs 3,150 per bigha, which was later enhanced by the Additional District Judge to Rs 1 per square foot with statutory benefits. The High Court judges varied the compensation, ran…
UPENDRA NARAIN SINGH (DEAD) BY LRS.versusTHE STATE OF BIHAR
1996 INSC 8397 August 1996Dismissed
The appellant claimed a patta (title deed) for land in Muzaffarpur that he said was granted by the Zamindar on 11 August 1950. The Collector, exercising powers under Section 4(h) of the Bihar Land Reforms Act, 1950, investigated and concluded that the patta was a fraudulent transfer intended to evade the Act, and there…
GANAPATHI NATIONAL MIDDLE SCHOOLversusM. DURAI KANNAN (DEAD) BY LRS. AND ORS.
1996 INSC 8407 August 1996Appeal(s) allowed
The Ganapathi National Middle School, an aided institution established in 1929 and occupying rented premises, faced eviction by its landlord. The school sought acquisition of the land by the State, leading to a notification under Section 4(1) of the Land Acquisition Act, 1894, which was later challenged in a writ petit…
BALDEV SINGH AND ORS.versusSTATE OF PUNJAB THROUGH COLLECTOR
1996 INSC 8417 August 1996Dismissed
The Supreme Court examined an appeal by Baldev Singh and others challenging the Punjab & Haryana High Court’s reduction of compensation for land acquired under the Land Acquisition Act, 1894. The Collector had fixed Rs 16,000 per acre, the Additional District Judge raised it to Rs 30,000 per acre, and the High Court re…
STATE OF KERALA AND ORS.versusM.N. SANKARA NARAYANAN AND ORS.
1996 INSC 8427 August 1996Disposed off
The State of Kerala challenged a notification issued under the Kerala Preservation of Trees Act, 1986 that prohibited felling of all trees on a 60‑acre parcel which the Supreme Court had earlier declared not to be a private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondents, who…
CHINTAMAN AND ANR.versusSTATE OF MAHARASHTRA AND ANR.
1996 INSC 8437 August 1996Appeal(s) allowed
The appellants challenged the award of compensation for land acquired by the State of Maharashtra for a spinning mill near Nagpur. The Land Acquisition Officer had fixed compensation at Rs 5,000, Rs 3,000 and Rs 2,000 per acre for three categories of land. The reference court enhanced the compensation to Rs 0.40 per sq…
DURGA DASversusTHE COLLECTOR AND ORS.
1996 INSC 8447 August 1996Dismissed
Durga Das purchased a share of land from Kewal Krishan, a member of a family that owned 14 cannals 18 marlas of land. The government acquired part of this land under the Land Acquisition Act, 1894, and the appellant claimed compensation as a tenant in occupation, relying on a mutation entry that listed him as a qualify…
THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, MANGALOREversusBELEKAL KRISHNA BHAT
1996 INSC 8457 August 1996Appeal(s) allowed
The State acquired 11 cents of land for a post office. The Land Acquisition Officer fixed compensation at Rs. 2,50,000 per acre, which the Civil Judge enhanced to Rs. 4,50,000 per acre. The High Court further raised it to Rs. 6,00,000 per acre, relying on a sale deed (Exhibit P‑9) that showed a price of Rs. 48,000 for …
KARAN SINGH AND ORS.versusUNION OF INDIA
1996 INSC 8467 August 1996Dismissed
The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its award on a market value…
JHANDOO (DEAD) BY LRS. AND ORS.versusUNION OF INDIA
1996 INSC 8477 August 1996Dismissed
The appellant’s land, measuring one bigha and 14 biswas, was acquired under a 1957 notification of the Land Acquisition Act, 1894. The reference court awarded compensation at Rs 10 per square yard, relying on the decision in A.N. Bhandari v. Union of India, which the High Court affirmed. The appellant argued that the m…
THE NEW DATAR TRANSPORT CO. (PVT.) LTD.versusSMT. RADHABAI AND ORS.
1996 INSC 8487 August 1996Dismissed
The case concerned a collision between a jeep driven by Shantaram Patki and a passenger bus, resulting in the death of R.J. Kulkarni. The trial court dismissed the claim for damages, deeming the accident inevitable, but the Bombay High Court reversed this, finding the bus driver negligent and upholding a compensation a…
DHANNA ETC.versusSTATE OF MADHYA PRADESH
1996 INSC 6957 July 1996Dismissed
The case involved the murder of Nanji, for which five persons were charged. The Sessions Court convicted two accused (K and M) under Section 302 IPC and acquitted the remaining three, including Dhanna, due to insufficient evidence linking Dhanna to the crime. The Madhya Pradesh High Court reversed Dhanna's acquittal, i…
PATNA REGIONAL DEVELOPMENT AUTHORITY AND ORS. ETC.versusMIS. RASHTRIYA PARIYOJANA NIRMAN NIGAM AND ORS. ETC.
1996 INSC 6307 May 1996Appeal(s) allowed
The Patna Regional Development Authority (PRDA) invited tenders for a high‑rise building and received three bids, the lowest being from Rashtriya Pariyojana Nirman Nigam (RPNN), which had been black‑listed for five years by the State Water Resources Department. The PRDA’s Tender Committee rejected RPNN’s bid on the gro…
SMT. VIJAYALAKSHMIversusB. HIMANTHARAJA CHETTY AND ANR.
1996 INSC 6317 May 1996Appeal(s) allowed
The appellant, Smt. VUAYALAKSHMI, was the foster child of Batchu Muniyappa Chetty, who along with his brother B. Himantharaja Chetty partitioned their joint family property under a registered deed that included a pre-emption clause. After the foster father and his widow died, the property was bequeathed to the appellan…
PAWAN KUMARversusSTATE OF HARYANA AND ANR.
1996 INSC 6327 May 1996Appeal(s) allowed
Pawan Kumar was appointed on an ad‑hoc basis as a Class IV field worker in Haryana. While in service he was convicted in a summary trial under Section 294 of the Indian Penal Code for an obscene act, pleading guilty and paying a fine of Rs 20. When his regularisation was considered, the authorities, relying on the conv…
PREM SINGH AND ORS. ETC. ETC.versusHARYANA STATE ELECTRICITY BOARD AND ORS. ETC. ETC.
1996 INSC 6337 May 1996Appeal(s) allowed
The Haryana State Electricity Board advertised 62 junior engineer posts, stating that candidates with higher qualifications would receive preference. After screening, 212 candidates were shortlisted and 147 were appointed, far exceeding the advertised vacancies. The petitioners challenged the appointments, alleging vio…
DHANNALALversusD.P. VIJAYVARGIYA AND ORS.
1996 INSC 6347 May 1996Appeal(s) allowed
The appellant was injured in a road accident on 4 December 1990 and filed a claim petition for compensation before the Additional Motor Accident Claims Tribunal on 7 December 1991, seeking condonation of a four‑day delay. The Tribunal condoned the delay, but the High Court set aside that order, relying on Section 166(3…
THE ASSTT. COLLECTOR OF CENTRAL EXCISEversusBATA INDIA LTD.
1996 INSC 6257 May 1996Dismissed
The Assistant Collector of Central Excise appealed against Bata India Ltd. alleging that the manufacturer could not claim exemption under a notification that exempted footwear valued up to Rs.60 per pair when its wholesale price exceeded that limit. Bata argued that by deducting the 10% excise duty from the wholesale p…
U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusTRILOK CHANDRA AND ORS.
1996 INSC 6267 May 1996Appeal(s) allowed
The appellant, U.P. State Road Transport Corporation, was sued for compensation after its omnibus caused the death of Prem Chandra, aged 26. The claimants calculated loss of dependency based on a monthly surplus of Rs.200 and applied a multiplier of 24 years, which the Tribunal used; the High Court corrected the multip…
HIMACHAL ROAD TRANSPORT CORPORATIONversusSH. DINESH KUMAR
1996 INSC 6357 May 1996Appeal(s) allowed
The children of deceased employees of the Himachal Road Transport Corporation applied for regular clerk appointments under the corporation's "kith and kin" policy, but no vacancies existed. The Administrative Tribunal directed the corporation to appoint the applicants immediately, and in one case even ordered the creat…
THE III INCOME TAX OFFICER, CIRCLE - I, SALEM AND ANR.versusARUNAGIRI CHETTIAR
1996 INSC 6367 May 1996Appeal(s) allowed
The respondent, Arunagiri Chettriar, retired from a partnership firm in 1963 and later the firm was dissolved. The Income Tax Officer issued a notice that the respondent was jointly and severally liable for tax arrears of the firm for assessment years 1962-63 and 1963-64, arguing that liability attaches to any partner …
SRI KRISHAN GOPAL SHARMA AND ANRversusGOVERNMENT OF N.C.T. O F DELHI
1996 INSC 6377 May 1996Dismissed
The Supreme Court examined criminal prosecutions under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 against manufacturers of pan masala and mouth freshener whose products contained saccharin at 2000 ppm and 2450 ppm, exceeding the limits prescribed by Rule 47 of the 1955 Food Adulteration Rules. T…
MULTIPURPOSE HEALTH WORKERS ASSOCIATION & ORS.versusSTATE OF HARYANA AND ORS.
1996 INSC 6387 May 1996Dismissed
The Multipurpose Health Workers Association, whose members are multipurpose health workers in Haryana, sought to have the higher pay scale of Rs 1200‑2040 applied to them from 1 May 1990, as stipulated in a State Government notification dated 26 July 1991. The State Government had instead granted the scale from 1 Janua…
STATE OF M.P.versusMOHAN LAL AND ORS.
1996 INSC 6397 May 1996Appeal(s) allowed
The State prosecuted Mohan Lal and others for murder under Sections 302 and 149 of the IPC, alleging that they dragged the deceased, Mangi Lal, out of his hut, assaulted him with sticks and a gun, and threw acid on him. The deceased gave a dying declaration to a Judicial Magistrate while in a fit state of mind, which w…
STATE OF MAHARASHTRAversusPURSHOTTAM
1996 INSC 6407 May 1996Dismissed
The respondents, originally appointed as Junior Engineers on a work‑charged establishment, were later absorbed into the regular establishment but were omitted from the state‑wide seniority list. They contended that the Government of Maharashtra’s resolutions, which granted a "deemed date" of absorption for seniority pu…
SH. JAG MOHAN CHAWLA AND ANR.versusDERA RADHA SWAMI SATSANG AND ORS.
1996 INSC 6417 May 1996Dismissed
The plaintiffs filed a suit for perpetual injunction to prevent the respondents from interfering with their possession of a specific plot of land. The respondents, in their written statement, claimed to have purchased a different plot and sought a counter‑claim for a permanent injunction to restrain the plaintiffs from…
PUSHPAGIRI MATHversusKOPPARAJU VEERABHADRA RAO
1996 INSC 6277 May 1996Appeal(s) allowed
The plaintiff, Pushpagiri Math, claimed ownership of a parcel of land that had been granted as a Bhatavarthi inam to the great‑grandfather of the respondent, Kopparaju Veerabhadra Rao, for services rendered. The respondent asserted title by prescription after the Inam Abolition and Conversion into Ryotwari Act, 1956 ca…
BRITISH INDIAN CORPORATION LTD.versusMIS RASHTRACO FREIGHT CARRIERS
1996 INSC 6287 May 1996Appeal(s) allowed
British Indian Corporation Ltd entrusted 147 bales of raw wool to Rashtaco Freight Carriers for transport. The carrier detained the goods and sued the owner for an injunction, claiming arrears of Rs 13,48,817.13 in transport charges. The owner filed a separate suit for recovery of the detained goods. The carrier applie…
CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.
1996 INSC 6297 May 1996
The Central Bank of India sought clarification on the meaning of the expression "the principal sum adjudged" in Section 34 of the Code of Civil Procedure, 1908, particularly whether it includes interest that has merged with the principal. The Attorney General, appearing for the bank, relied on earlier Supreme Court dec…
MADHU KISHWAR AND ORS. ETC.versusSTATE OF BIHAR AND ORS.
1996 INSC 4897 April 1996Disposed off
The petitioners, tribal women from Bihar, challenged Sections 7, 8 and 76 of the Chota Nagpur Tenancy Act, 1908 as discriminatory against women and violative of Articles 14, 15 and 21 of the Constitution. The Court examined whether the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 applied to Scheduled …
COLLECTOR OF CUSTOMS AND CENTRAL EXCISE AND ORS.versusM/S. LEKHRAJ JESSUMAL AND SONS AND ANR.
1996 INSC 1967 February 1996Dismissed
The Supreme Court considered an appeal by the Collector of Customs against a Karnataka High Court judgment that had allowed a writ petition filed by M/s. Lekhraj Jessumal and Sons. The respondents had imported miniaturised reed switches for electronic hearing aids, which the customs authorities held were not covered by…
THE VADAKKENCHARY CO. OPERATIVE SERVICE BANK LTD. ETC. ETC.versusSTATE OF KERALA AND ORS.
1996 INSC 1977 February 1996Dismissed as withdrawn
The Vadakkenchary Co. Operative Service Bank Ltd. appealed against judgments of the Kerala High Court (Civil Appeal Nos. 2274‑78 of 1977). The appellants later sought liberty to withdraw these appeals, invoking earlier orders of this Court that allowed similar withdrawals. The Court granted the liberty and dismissed th…
SHRI M.B. GOPALA KRISHNA AND ORS.versusTHE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION
1996 INSC 1987 February 1996Dismissed
The State issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 105 acres for defence purposes. The Land Acquisition Officer initially awarded compensation of Rs.30 per square yard, which the civil court later enhanced to Rs.108 per square yard. The respondent appealed, and the High Cour…
KOODALMANICKAM IN DEVASWOM MANAGING COMMITTEEversusTHACHUDAYA KAIMAL@ MAN1CKAN KERALAN (DEAD) BY LRS.
1996 INSC 1997 February 1996Disposed off
The respondent, Thachudaya Kaimal, claimed that certain properties were granted to him personally for his benefit under a historic decree, entitling him to the income or usufruct of those premises. The trial court and the first appellate court dismissed his suit, but the Kerala High Court in a second appeal allowed his…
BOMBAY ENVIRONMENTAL ACTION GROUP AND ANR.versusTHE MUNICIPAL CORPN. OF PUNE AND ORS.
1996 INSC 2007 February 1996Disposed off
The Bombay Environmental Action Group appealed to the Supreme Court against the Bombay High Court’s order closing contempt proceedings against builders who were constructing a building on plot No. 57. The High Court had held that the construction did not violate its earlier interim injunction dated 23‑03‑1992, which wa…
OSMAN UMARversusMALAL ALIBHAI NATHU AND ORS
1996 INSC 2017 February 1996Dismissed
The appellant, representing the Patni Jamat, sought an occupancy certificate from the Mamlatdar in 1951 for land to be used as a Kabristan. A later suit (Suit No. 151/66) declared that all four jamats were jointly entitled to the land, and an injunction was placed against the appellant; this decree was reversed on appe…
P.S. SAWHNEYversusUNION OF INDIA AND ORS.
1996 INSC 2027 February 1996Appeal(s) allowed
The appellant, a government employee, sought annual increments of Rs.100 on his pay scale as directed by a previous Supreme Court order, arguing that after reaching the maximum of the scale the increments should continue as special pay. He also claimed entitlement to local allowances on par with the Punjab pattern afte…
S. NOORDEENversusV.S. THIRU VENKITA REDDIAR AND ORS.
1996 INSC 2037 February 1996Dismissed
The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree dated 3 April 1954 and …
AIR INDIA STATUTORY CORPORATIONversusUNITED LABOUR UNION AND ORS.
1996 INSC 14426 December 1996
The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 notification abolish…
STATE OF PUNJAB AND ORS.versusGURSHARAN SINGH AND ORS.
1996 INSC 14436 December 1996Disposed off
The Government Engineering College in Bhatinda was transferred to an autonomous society in 1992. The college’s staff, who were government employees, filed writ petitions seeking absorption into regular government service rather than being transferred to the society. The Punjab & Haryana High Court ordered that all of t…
S.P. ANAND, INDOREversusH.D. DEVE GOWDA AND ORS.
1996 INSC 12936 November 1996Dismissed
The petitioner, S.P. Anand, filed a public‑interest litigation under Article 32 challenging the appointment of H.D. Deve Gowda as Prime Minister on the ground that he was not a member of either House of Parliament, alleging violations of Articles 14, 21 and 75 of the Constitution. The Court examined the constitutional …
RELIANCE SILICON (I) PVT. LTD.versusCOLLECTOR, CENTRAL EXCISE, THANE
1996 INSC 12946 November 1996
The Supreme Court examined three groups of appeals concerning the classification of silicone products for Central Excise and Customs duties. It held that silicone oil that has undergone condensation, polycondensation or polyaddition falls under Central Excise Tariff Item 15A(1) and the corresponding Customs heading 39.…
SMT. GULAB DEVIversusTHE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
1996 INSC 12956 November 1996Appeal(s) allowed
The appellant, Gulab Devi, succeeded to her father's tenancy under Section 35 of the Uttar Pradesh Tenancy Act, 1939, along with her sister Ram Kumari. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 came into force, Ram Kumari died unmarried while Gulab Devi was already married. The Deputy Direc…
K.P.A. VELLAYAPPA NADAR (DEAD) THROUGH LRS.versusBHAGIRATHI AMMAL AND OTHERS
1996 INSC 12966 November 1996Appeal(s) allowed
The appellant, K.P.A. Vellayappa Nadar, was a partner in a firm formed in 1954. In February 1970, due to his old age, the partners mutually dissolved that firm and settled accounts, and a new partnership was created on 15 February 1970 without the appellant. After the death of one partner in 1972, the respondents filed…
SHRI TULSIversusSMT. PARO (DEAD)
1996 INSC 12976 November 1996Appeal(s) allowed
The respondent, Paro, sued Tulsi for possession of agricultural land, alleging Tulsi was merely a licensee who cultivated the land on her behalf. Tulsi contended he was a tenant at will, a status reflected in revenue records from 1951‑52 to 1971‑72 where he was listed as "Gar Marusi" and he had enjoyed uninterrupted po…
JAI DAYAL AND ORS.versusKRISHAN LAL GARG AND ANR.
1996 INSC 12986 November 1996Appeal(s) allowed
Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that completely blocked the pass…
M. POORNACHANDRAN AND ANR.versusSTATE OF TAMIL NADU AND ORS.
1996 INSC 12926 November 1996Dismissed
The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the proceedings. The Court…
VIJAY KUMAR NIGAM (DEAD) THROUGH LRS.versusSTATE OF M.P. AND ORS.
1996 INSC 12996 November 1996Dismissed
V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and that the statement of…
INDIAN DRUGS AND PHARMACEUTICALS LTD. ETC.versusEMPLOYEES STATE INSURANCE CORPORATION ETC.
1996 INSC 13006 November 1996Dismissed
The appellants, employers, had their regular employees perform overtime work and paid them overtime wages as per an agreement. The question before the Supreme Court was whether such overtime remuneration falls within the definition of "wages" under Section 2(22) of the Employees State Insurance Act, 1948, especially wh…
NAVANEETHAMMALversusARJUNA CHETTY
1998 INSC 3496 September 1998Appeal(s) allowed
Navaneethammal, the plaintiff, purchased land and sued Arjuna Chetty, the tenant, for declaration of title and recovery of possession. The tenant claimed he had surrendered the lease, re‑entered the land and acquired title by adverse possession, contending that the suit was barred by Article 139 of the Limitation Act. …
MUNICIPAL CORPORATION OF GREATER BOMBAYversusTHE INDUSTRIAL DEVELOPMENT AND INVESTMENT CO. PVT. LTD AND ORS.
1996 INSC 10026 September 1996Case Partly allowed
The Municipal Corporation of Greater Bombay acquired lease‑hold land of the respondents under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act, relying on a 1972 notification that the land was earmarked for extending a sewage purification plant. Before the acquisition proceedings were completed, the…
N. RAJARATHINAMversusSTATE OF TAMIL NADU AND ANR.
1996 INSC 10036 September 1996Dismissed
The petitioner, N. Rajarathinam, an Assistant Commissioner of Commercial Tax, was charged with demanding and accepting illegal gratification from a taxpayer (PW‑1). He was suspended and an enquiry was conducted by the Tamil Nadu Administrative Tribunal, which, after finding that the pre‑ponderance of evidence – chiefly…
CHOUDHARY GOUTAM KUMAR SARANversusDIRECTOR OF SPORTS AND YOUTH SERVICES ORISSA AND ORS.
1996 INSC 10046 September 1996Dismissed
The petitioner, an ad‑hoc employee, applied for the post of Senior Auditor under the Orissa Auditors Service Rules, 1987. Three candidates were shortlisted, and the Selection Board awarded extra marks for post‑graduation and honours qualifications, resulting in S. Sahu being selected. The petitioner challenged the awar…
HANUMAN PRASADversusUNION OF INDIA AND ANR.
1996 INSC 10056 September 1996Dismissed
The case concerned the cancellation of a select list of 106 candidates for Ticket Collector posts after a CBI preliminary report indicated that examination papers had been leaked and mass copying occurred. The candidates challenged the cancellation, contending that the Divisional Manager lacked authority, that the orde…
MOHAMMADversusMOHAMMED BEKE
1996 INSC 10066 September 1996Appeal(s) allowed
The appellant transferred one acre and 65 cents of land with a building to his father for his lifetime enjoyment, stipulating that after the father's death the property would be used as a Muslim Jamat mosque. While the father was still alive, the appellant executed a second deed cancelling the earlier provision. The ce…
GUMAN SINGHversusSTATE OF RATASTHAN AND ORS.
1996 INSC 10076 September 1996Dismissed
The petitioner, a lessee of sand stone in Rajasthan, failed to file the required returns under the Rajasthan Mineral Concession Rules, 1986, prompting the Assessing Authority to make a best‑judgment assessment under Rule 38(3) based on a government circular of 17 October 1987. A random weighment of a truck revealed 12 …
THE BRITISH MACHINERY SUPPLIES CO.versusTHE UNION OF INDIA AND ORS.
1996 INSC 8266 August 1996Appeal(s) allowed
British Machinery Supplies Co., a manufacturer of sewing machines, imported rotating hooks with bobbin cases intended for industrial sewing machines. The Assistant Collector of Customs levied a higher duty under heading 84.2 (domestic sewing machines) instead of the 40% duty under item 84.41(1) (not elsewhere specified…
THE MUNICIPAL COMMISSIONER, THANE AND ANOTHERversusH. AND R. JOHNSON (INDIA) LTD. AND ANOTHER
1996 INSC 8276 August 1996Dismissed
The Thane Municipal Corporation levied octroi duty on clay imported by H. & R. Johnson (India) Ltd. for ceramic tiles, claiming it fell under Entry 45 (stone powder) of the Maharashtra Municipalities (Octroi) Rules, 1968, which carries a higher rate. The respondents argued that the clay should be classified under Entry…
LIPTON INDIA LTD. ETC.versusSTATE OF MAHARASHTRA AND ANR.
1996 INSC 8286 August 1996Disposed off
Lipton India Ltd. and Brook Bond India Ltd., tea companies, maintained godowns in 1968 where a single salesman opened and closed the premises, loading tea onto a manually‑operated push‑cart for door‑to‑door sales. They sought clarification on whether such premises required registration under Section 7 of the Bombay Sho…
LAXMAPPA AND ORS.versusSMT. BALAWA KOM TIRKAPPA CHAVDI
1996 INSC 8296 August 1996Dismissed
The widow, a destitute and widowed daughter, adopted her brother as her son with her father's consent. The father and the adopted son jointly gifted her agricultural land in 1950, stipulating that the land would revert to them (or their heirs) upon her death. After the Hindu Succession Act, 1956 came into force, the wi…
SHRI KANWAR PAL AND ORS.versusGAON SABHA KIRARI AND ORS.
1996 INSC 8306 August 1996Appeal(s) allowed
The Gaon Sabha of Kirari Suleman Nagar complained that a co‑sharer, Narender Singh, had converted agricultural land to non‑agricultural use, violating Section 81 of the Delhi Land Reforms Act, 1954. A notice was served on Singh to restore the land to agricultural use within three months or face ejectment and vesting of…
SRI RAM NIWAS TOD! AND ANR.versusBIBI JABRUNNISSA AND ORS.
1996 INSC 8316 August 1996Dismissed
The appellants challenged the validity of a gift of a house and its appurtenant land made by the father‑in‑law to the respondent, who was already in possession of the property. The gift was evidenced by an oral declaration and a written deed that had not been registered. The trial court and the High Court held that the…
THE NAIHATI MUNICIPALITY AND ORS.versusCHINMOYEE MUKHERJEE AND ORS.
1996 INSC 8326 August 1996Appeal(s) allowed
The Naihati Municipality resolved to rehabilitate hawkers by acquiring land, but lacked funds, so the hawkers' union contributed Rs 3,90,000 which was deposited with the municipal commissioner and became part of the municipality’s funds. The Government issued a notification under Section 4(1) of the Land Acquisition Ac…
AJAY KRISHAN SHINGHAL ETC. ETC.versusUNION OF INDIA AND ORS.
1996 INSC 8336 August 1996Dismissed
The petitioners challenged the acquisition of 3,470 acres in Naraina village for the "planned development of Delhi" on the grounds that the land was not required for a public purpose and that the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 had not been properly published in the lo…
DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION COMPANY (P) LTD.
1996 INSC 6196 May 1996
The Delhi Development Authority (DDA) auctioned a plot of land in 1980, which was won by Skipper Construction Company (Skipper). Skipper paid only 25% of the price, repeatedly defaulted on the balance, and despite court orders continued to sell space in the proposed building, collecting about Rs. 25 crore from purchase…
UNION OF INDIA & ORSversusKIRLOSKAR PNEUMATIC CO. LTD.
1996 INSC 6206 May 1996Appeal(s) allowed
The Union of India appealed against a Bombay High Court order that directed customs authorities not to reject a refund claim on the ground of limitation under Section 27 of the Customs Act, 1962. The respondent, Kirloskar Pneumatic Co. Ltd., had imported goods, paid duty, and later sought a refund, filing a writ petiti…
PASCHIM BANGA KHET MAZDOOR SAMIT!versusSTATE OF WEST BENGAL
1996 INSC 6216 May 1996Disposed off
The petitioners, members of Paschim Banga Khet Mazdoor Samiti, filed a writ petition under Article 32 on behalf of Hakim Seikh, who suffered serious head injuries after falling from a train and was repeatedly denied admission in several government hospitals due to lack of beds and facilities, eventually receiving treat…
HARI SHANKER ETCversusSTATE OF U.P. ETC.
1996 INSC 6226 May 1996Dismissed
The Supreme Court examined the murder of Parshadi Lal, in which Hari Shanker fired a licensed 12‑bore gun belonging to Shiam Behari, killing the victim while the motorcycle was being pushed. The Court held that the medical evidence of blackening and a cork wad indicated a firing distance of roughly three feet to two ya…
UNION OF INDIA AND ANR.versusM. BHASKAR AND ORS.
1996 INSC 6186 May 1996Dismissed
The Supreme Court examined the Railway Board's 15 May 1987 memorandum that altered recruitment and pay scales for Traffic/Commercial Apprentices. It held that the memorandum did not revise pay for all apprentices but only for higher‑grade Traffic/Commercial Inspectors, and that the Board acted within its authority unde…
BAI SHAKRIBEN (DEAD) BY NATWAR MELSINGH AND ORS.versusSPECIAL LAND ACQUISITION OFFICER AND ANR.
1996 INSC 6236 May 1996Dismissed
The case concerned a decree of compensation awarded under the Land Acquisition Act, 1894, which became final after the claimants failed to appeal. The claimants later sought to amend the decree under Order 47 Rule 1 and Section 151 of the CPC to obtain additional amounts mandated by the amended Act 68 of 1984—specifica…
THE STATE OF WEST BENGAL AND ORS.versusSRI KARTICK CHANDRA DAS AND ORS.
1996 INSC 6246 May 1996Appeal(s) allowed
The State of West Bengal and others directed the appellant to grant registration and subsidy under the West Bengal Cinemas Development Scheme, a direction issued by a single High Court judge under Article 226. While the appeal against that direction was pending, contempt proceedings were initiated against the appellant…
LT. COL. SAWAI BHAWANI SINGH ETCversusTHE STATE OF RAJASTHAN AND ORS.
1996 INSC 1886 February 1996Dismissed
The appellants challenged the constitutional validity of the Rajasthan Urban Lands Tax Act, 1964 as amended in 1973 to levy tax on both lands and buildings, arguing that the amendment exceeded the State's legislative competence and rendered the entire legislation "still‑born." The High Court dismissed the writ petition…
SH. DHARMVIRversusAMAR SINGH
1996 INSC 1936 February 1996Dismissed
The appellant, Dharmvir, was elected to the Haryana Legislative Assembly from the Toshan constituency in June 1987. Petitioners alleged that during the counting of votes, Dharmvir's agents double‑marked, defaced and mutilated ballot papers cast for the rival candidate, Bansi Lal, and intimidated the Returning Officer t…
STATE OF BIHARversusBIHAR CHAMBER OF COMMERCE
1996 INSC 1946 February 1996Dismissed
The Bihar Legislature enacted the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993, imposing a tax of up to 5% on scheduled goods entering any local area in the State. The Patna High Court struck down the Act on grounds that it violated Article 301 of the Constitution, was not…
M/S. MARIKAR MOTORS LTD.versusSALES TAX OFFICER AND ANR.
1996 INSC 1956 February 1996Disposed off
Marikar Motors Ltd., a dealer in motor trucks, sold vehicles on a hire‑purchase basis where the agreement stipulated a two‑year period and an option to purchase at the end. The dispute before the Supreme Court concerned when, for purposes of the Kerala Sales Tax Act, a sale is deemed to occur – whether automatically at…
INDERMANI KIRTIPALversusTHE UNION OF INDIA AND ORS.
1996 INSC 1896 February 1996Dismissed
The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a single‑member bench. He cha…
SMT. FIRDOSH FATIMA (SINCE DEAD) ETC.versusSMT. FIRDOSH BEGUM (DEAD) AND ORS. ETC.
1996 INSC 1906 February 1996Dismissed
The Supreme Court examined the constitutional validity of Section 4 of the Uttar Pradesh Amendment Act 33 of 1972, which abolished letters‑patent appeals from judgments of a single High Court judge in writ jurisdiction concerning revenue and tenancy matters. The petitioners challenged the amendment on the ground that i…
K.P.O. MOIDEENKUTTY HAJEEversusPAPPU MANJOORAN AND ANR.
1996 INSC 1916 February 1996Dismissed
The appellant‑defendant challenged the trial and Kerala High Court judgments that upheld a suit for recovery of Rs 1.5 lakhs on a promissory note (Ex A) executed for the transfer of 3 acres 44 cents of land and a building. The appellant contended that the note was purportedly for cash consideration, that the underlying…
STATE OF U.P.versusO.P. SHARMA
1996 INSC 1926 February 1996Appeal(s) allowed
The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The High Court quashed t…
DR. R.K. GOYALversusSTATE OF U.P. AND ORS.
1996 INSC 14375 December 1996Appeal(s) allowed
Dr. R.K. Goyal was appointed on an ad‑hoc basis as a lecturer in orthopaedics in a Uttar Pradesh medical college in 1983 without the three‑years teaching experience that the Public Service Commission later stipulated in its advertisement. The appointment was subsequently regularised under the Uttar Pradesh Regularisati…
M/S. INDUSTRIAL CHEMICALversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY - I
1996 INSC 14385 December 1996Dismissed
The case concerned the interpretation of Item 14‑D of the Central Excise Tariff, which reads ‘Synthetic organic dyestuffs (including pigment dyestuffs) and synthetic organic derivatives used in any dyeing process.’ The appellant argued that the phrase ‘used in any dyeing process’ applied to both dyestuffs and derivativ…
BEHARILAL AND ANR.versusSMT. BHURI DEVI AND ORS.
1996 INSC 14395 December 1996Appeal(s) allowed
The Rajasthan Government’s Mandi Committee allotted two plots to Beharilal in 1953, issued a patta and delivered possession in 1954. After the patta was cancelled in 1956, the same plots were re‑allotted to Ram Gopal (husband of Bhuri Devi) and possession was handed over to him. Criminal proceedings under S. 145 Cr.P.C…
SMT. PRITAM KAURversusDY. SECRETARY, MINISTRY OF HOME AFFAIRS AND ORS.
1996 INSC 14405 December 1996Appeal(s) allowed
The respondents, sons of a West‑Pakistani resident who migrated to India in 1947, filed an application on 19 December 1955 under Section 4 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 seeking rehabilitation compensation for land in Pakistan. The authorities verified the claim and allotted land b…
P. RAMA RAOversusP. NIRMALA AND ORS.
1996 INSC 14415 December 1996Dismissed
The petitioner, a contractor for Indian Oil, hired the respondent truck owner to transport 12,000 litres of oil. An accident caused a leak and only 1,755 litres were delivered, leading the petitioner to sue the truck owner and the insurer, Oriental Fire & General Insurance Co., for the shortfall. The trial court decree…
UNION OF LNDIA AND ORS.versusSUSHIL KUMAR MODI AND ORS.
1996 INSC 12805 November 1996Disposed off
The Supreme Court heard appeals against a Patna High Court order that, in an application for extension of time, directed all CBI investigation reports in the Bihar "Fodder Scam" to be submitted directly to the High Court and barred the Director of the CBI from intervening in the investigation. The Court held that the D…
TMT. NOORJAHANversusTMT. SULTAN RAJIA @THAJU AND ORS.
1996 INSC 12825 November 1996Dismissed
Syed Abu Thakir was injured while alighting from a bus owned by the appellant and died en route to the hospital. His family claimed Rs 92,000 compensation from the bus owner, the insurer, and the driver. The Motor Vehicles Tribunal awarded the full amount but limited the insurer's liability to Rs 10,000, invoking Secti…
IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.
1996 INSC 12835 November 1996Disposed off
Advocate Ajay Kumar Pandey filed petitions and letters containing intemperate, insulting language against two Supreme Court judges, demanded apologies and compensation, and threatened to prosecute them, also filing a criminal complaint in a magistrate's court. The Supreme Court, after giving him opportunities to delete…
ORISSA MINING CORPORATION AND ANR.versusANANDA CHANDRA PRUSTY
1996 INSC 12845 November 1996Dismissed
The appellant, Orissa Mining Corporation, dismissed its Assistant Accounts Officer, the respondent, after a disciplinary inquiry found him guilty of making false notings that led to loans being sanctioned to ineligible persons and of failing to maintain proper registers. The respondent challenged the dismissal before t…
S.K. NAIRversusSTATE OF PUNJAB
1996 INSC 12855 November 1996Dismissed
The appellant, an army personnel, was convicted of murder and causing injuries with a khukri in a barracks. He appealed, asserting that he was a diagnosed paranoid and therefore incapable of understanding his acts, seeking protection under Section 84 of the Indian Penal Code. The Supreme Court examined whether the ment…
STATE OF MADHYA PRADESHversusDHIRENDRA KUMAR
1996 INSC 12865 November 1996Appeal(s) allowed
The State of Madhya Pradesh prosecuted Dhirendra Kumar for the murder of Munibai, alleging motive stemming from an 'evil eye' and supported by eye‑witness testimony, a dying declaration, and the recovery of the murder weapon, a revolver stolen from the police malkhana. The trial court convicted Kumar under s.302 IPC an…
RAJ KUMAR GUPTAversusLT. GOVERNOR, DELHI AND ORS.
1996 INSC 12875 November 1996Appeal(s) allowed
The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High Court set it aside, ho…
COMMANDER HEAD QUARTER CALCUTTA AND ORS.versusCAPT. BIPLA BENDRA CHANDA
1996 INSC 12885 November 1996Dismissed
The respondent, a commissioned officer who retired in May 1982, was denied a pension because, under the rules then in force, only two‑thirds of his pre‑commissioned service counted toward the qualifying service required for pension eligibility. In 1986 the government issued revised pension rules that allowed the entire…
MOHD. ABDUL KHADER MOHD KASTIM AND ANR.versusPAREETHIJ KUNJU SAYED AHAMMED AND ORS.
1996 INSC 12895 November 1996Dismissed
The appellant, a mortgagor of a property under a usufructuary mortgage, filed a redemption suit seeking to pay the mortgage amount of Rs.18,000. The trial court passed a preliminary decree on 22 November 1960 directing redemption on deposit of the mortgage money, payment of mesne profits, and a provision for claiming i…
SHANTINATH RAMU DANOLE AND ANR.versusJAMBU RAMU DANOLE AND ORS.
1996 INSC 12905 November 1996Appeal(s) allowed
Shantinath Ramu Danole and his mother Housabai (deceased) sued Jambu Ramu Danole for partition of ancestral land, claiming a two‑thirds share as the legitimate son and widow of Ramubabu Danole. The defendant denied that Housabai was ever married to Ramubabu and claimed sole ownership. The trial court accepted the testi…
INDORE DEVELOPMENT AUTHORITYversusSMT. SATYABHAMA BA! AND ORS. ETC.
1996 INSC 8195 August 1996Appeal(s) allowed
The Indore Development Authority acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs. 44,000 per hectare. The claimants later obtained enhanced compensation from the civil court and the High Court, the latter relying on certified copies of sale deeds marked under Section 51-A of the Act. T…
THE STATE OF GUJARATversusRAJESH KUMAR CHIMANLAL BAROT AND ANR.
1996 INSC 8205 August 1996Appeal(s) allowed
The State of Gujarat appealed against an order of the National Consumer Disputes Redressal Commission which had upheld a Gram Panchayat's claim to a subsidised electricity rate. The appellant argued that the question of pricing did not fall within the jurisdiction of the consumer redressal forums. The Supreme Court hel…
MOHAMMAD KHA,LILversusKAMARUDDIN
1996 INSC 8215 August 1996Appeal(s) allowed
The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the scheduled hearing dat…
INDORE DEVELOPMENT AUTHORITYversusSHRI BALAKRISHNA AND ORS.
1996 INSC 8225 August 1996Appeal(s) allowed
The Indore Development Authority sought to acquire 4.85 acres of land under Town Improvement Scheme No. 54 framed under the Madhya Pradesh Town Improvement Trust Act, 1960. The Government sanctioned the scheme and a notification under Section 71(2) of the Act was published on 22 August 1973, which, according to the Sup…
SRI CHOWDEGOWDA @ DORJI (DEAD) BY LRS. AND ORS.versusC. NEGARAJU AND ORS.
1996 INSC 8235 August 1996Appeal(s) allowed
The appellant, Sri Chowdegowda, claimed to be the legitimate son of the deceased, Machine Chowdegowda, and sought his share in a partition of ten acres of wet land, five point three acres of dry land and thirty gunthas of house site. The dispute centered on whether a customary Kuduvali marriage that allegedly took plac…
BHARAT COKING COAL LTD. AND ORS.versusBABULAL AND ANR. ETC.
1996 INSC 8245 August 1996Disposed off
The case arose from a fatal roof collapse in the South Govindpur Colliery on 30 June 1989, which killed five miners and injured two. The senior mining engineer, Babular, and the manager, Maheshwari Sharma, were alleged to have been absent and to have failed to take safety precautions, leading a fact‑finding committee t…
RAMESHWAR DUBEY AND ORS.versusMASOMAT ASHA KAUR AND ORS.
1996 INSC 8255 August 1996Dismissed
Rameshwar Dubey and others filed a suit on 15 February 1973 under Section 31 of the Specific Relief Act seeking declaration that two sale deeds (dated 12 July 1966 and 14 December 1970) were void because fraud had been perpetrated on the plaintiff. The trial court and the Patna High Court held that the fraud rendered t…
THE COMMISSIONER OF INCOME-TAX, TAMIL NADUversusCITY MILLS DISTRIBUTORS (P) LTD .
1996 INSC 1785 February 1996Disposed off
City Mills Distributors Pvt. Ltd. was incorporated on 30 October 1972. Its promoters had earned Rs. 24,862 from business carried out between 1 and 20 October 1972, before the company existed, and the Income‑Tax Officer included this amount as pre‑incorporation profit in the company's assessment for AY 1974‑75. The Trib…
DHARMAversusNIRMAL SINGH @ BITTU AND ANR.
1996 INSC 1805 February 1996Appeal(s) allowed
The appellant Dharma challenged the acquittal of Nirmal Singh for the rape and murder of Ravinder Jit Kaur. The Supreme Court examined whether its power under Article 136 (and 142) of the Constitution is limited by Section 401(3) of the CrPC when hearing an appeal against an acquittal. It also evaluated the evidence – …
ST. MARY'S SCHOOL AND ORS. ETC.versusCANTONMENT BOARD, MEERUT AND ORS.
1996 INSC 1815 February 1996Disposed off
The petitioners, owners of buildings claimed to be exempt from property tax under Section 99 of the Cantonment Act, appealed an assessment order without depositing the tax as required by Section 87. The appellate authority allowed the appeal, invoking the exemption, which led the Cantonment Board to file a writ petitio…
PITAMBAR HEMLAL BADGUJAR (DEAD) BY LRS. AND ORS.versusSUB-DIVISIONAL OFFICER, DHULE AND ANR.
1996 INSC 1825 February 1996Dismissed
The appellants, heirs of the deceased Pitambar Hemlal Badgujar, challenged the compensation awarded by the Sub‑Divisional Officer for two parcels of land acquired under the Land Acquisition Act, 1894 for a market committee. The acquisition notifications dated 30 October 1965 and 11 March 1971 resulted in compensation f…
M.C. DHINGRAversusUNION OF INDIA AND ORS.
1996 INSC 1835 February 1996Appeal(s) allowed
M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but limited them to employees…
L. RAJAIAHversusINSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.
1996 INSC 1845 February 1996Disposed off
The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant was passed over in f…
STATE OF BIHAR AND ORS.versusCHHANGUR PRASAD SETH
1996 INSC 1855 February 1996Appeal(s) allowed
Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession certificate and claimed …
STATE OF ORISSAversusRAJAKISHORE DAS
1996 INSC 1865 February 1996Appeal(s) allowed
The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After the acquisition awa…
RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR.versusLADULAL MALI
1996 INSC 1875 February 1996Appeal(s) allowed
The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. Mali then filed an e…
S. BALDEV SINGH MANNversusS. GURCHARAN SINGH, MLA AND ORS.
1996 INSC 1795 February 1996Dismissed
The appellant, S. Baldev Singh Mann, filed an election petition challenging the 1992 Punjab Legislative Assembly election of S. Gurcharan Singh (respondent No.1) on grounds of booth capturing and overspending. He alleged that the respondent and his agents threatened the appellant's polling agent and exceeded the permis…
THE AJMER CENTRAL COOPERATIVE BANK LTD. AJMER, THROUGH THE MANAGING DIRECTORversusTHE PRESCRIBED AUTHORITY UNDER THE RAJASTHAN SHOPS AND CO. ESTABLISHMENT ACT, AIMER AND ORS.
1996 INSC 215 January 1996Dismissed
The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and Establishment Act. …
COMMISSIONER OF INCOME TAX, CALCUTTAversusM/S. PARK HOTEL (P) LTD., 15, PARK STREET, CALCUTTA-16
1996 INSC 225 January 1996Appeal(s) allowed
The assessee, Park Hotel Ltd., held leasehold interests in several premises and sub‑leased a portion to an associated company, Surrendra Overseas Ltd., under an unregistered deed. Rental income received by Surrendra was claimed to be taxable in its hands as income from house property, which it contested, leading to a T…
COMMISSIONER OF INCOME-TAXversusMANOHARLAL GUPTA AND CO.
1996 INSC 235 January 1996Appeal(s) allowed
The appellant‑Commissioner of Income Tax appealed against the Calcutta High Court’s decision that the assessment of Manoharlal Gupta & Co. as an unregistered firm for AY 1961‑62 was improper. The firm had been assessed by one Income‑Tax Officer (ITO‑C) while a partner, Manoharlal Gupta, had earlier been assessed by ano…
CENTRAL BUREAU OF INVESTIGATIONversusNAZIR AHMED SHEIKH
1996 INSC 245 January 1996Appeal(s) allowed
Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year limitation prescribed under S…
ASTEKAAR NAGANAATHA RAO AND ORS. ETC.versusTHE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER AND ORS. ETC.
1996 INSC 255 January 1996Appeal(s) allowed
Around 300 acres of agricultural land in Belgaum were requisitioned in 1942 for an Air Force station. The acquisition notification was issued only in 1983 and the Land Acquisition Officer fixed compensation at Rs.6,000 per acre, which the civil court enhanced to Rs.70,400 per acre using a hypothetical layout method. Th…
U.P. STATE SUGAR CORPORATIONversusM/S SUMAC INTERNATIONAL LTD.
1996 INSC 14334 December 1996Appeal(s) allowed
The U.P. State Sugar Corporation entered into a contract with M/s Sumac International Ltd. for the supply and installation of a sugar plant, requiring the seller to furnish several irrevocable bank guarantees payable on demand. The contract was not completed within the stipulated or extended time, leading the appellant…
M/S HINDUSTAN FERODO LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY
1996 INSC 14344 December 1996Appeal(s) allowed
Mis Hindustan Ferodo Ltd. appealed against the finding of the Customs, Excise and Gold (Control) Appellate Tribunal that its asbestos rings and fabrics fell under Item 22‑F of the Central Excise Tariff. The appellant submitted affidavits from a senior manager and an experienced asbestos dealer stating that the rings we…
THE RECOVERY OFFICER, LAKHIMPUR AND ORS.versusSMT. RAVINDRA KAUR AND ORS.
1996 INSC 14354 December 1996Dismissed
The Recovery Officer, under the Uttar Pradesh Co-operative Societies Act, 1965, initiated recovery proceedings under Section 91 to attach and sell the lands of members who had defaulted on loans taken for seeds and manure. The members contended that the statutory charge created by Section 39(a) attaches only to the cro…
JIVAN LAL AND ORS.versusSTATE OF MADHYA PRADESH
1996 INSC 14364 December 1996Dismissed
Thirteen persons were tried for the murder of Mohan Lal on 11 June 1984. The trial court convicted eleven, acquitting two; the High Court later acquitted eight of the convicted and upheld the conviction of three appellants under sections 148 and 302/149 IPC. The appellants challenged the reliance on the sole eye‑witnes…
SASADHAR CHAKRAVARTY AND ANR.versusUNION OF INDIA AND ORS.
1996 INSC 12724 November 1996Dismissed
The petitioners, a retired employee of Indian Oxygen Ltd. and a pensioners’ society, challenged the scheme of the company’s non‑contributory approved superannuation fund. They argued that improvements made to the fund in 1985 should have been extended to existing pensioners and that the denial of such benefits violated…
INDIRA SAWHNEYversusUNION OF INDIA AND ORS.
1996 INSC 12734 November 1996Disposed off
The Supreme Court revisited the implementation of its earlier Mandal judgment, which required the exclusion of socially advanced persons (the "creamy layer") from reservations for Other Backward Classes (OBCs). The State of Kerala had repeatedly failed to comply with the Court's directions despite multiple extensions, …
COMMON CAUSE A REGD. SOCIETYversusUNION OF INDIA AND ORS.
1996 INSC 12744 November 1996
The Supreme Court examined the arbitrary allotment of fifteen petrol pumps by the then Minister of Petroleum, Capt. Satish Sharma, finding that the allocations were made without any official application, advertisement, or criteria, and favoured relatives and associates, thereby violating Article 14 of the Constitution.…
RAJ KUMAR KARANWALversusTHE COMMISSIONER AND ANR.
1996 INSC 12754 November 1996Dismissed
The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease for the same amount,…
UNION OF INDIA AND ORS.versusMAJOR R.N. MATHUR
1996 INSC 12764 November 1996Appeal(s) allowed
Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the appointment letter and …
UNION OF INDIAversusK.R. THAMPI
1996 INSC 12774 November 1996Appeal(s) allowed
The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an Administrative Officer. Th…
UNION OF INDIA AND ORS.versusSITARAM SHIVHANDRAI GARODIA AND ANR.
1996 INSC 12784 November 1996Disposed off
The Union of India sought to acquire 130 acres 19 guntas of land in Survey No. 249 for a railway project under the Land Acquisition Act, 1894. The railway later withdrew its proposal, and the respondents challenged the acquisition, arguing that the earlier High Court had set aside eviction proceedings and that they wer…
SOWRASHTRA VIPRA SABHAversusTHE NAMAKKAL MUNICIPALITY AND ANR.
1996 INSC 12794 November 1996Dismissed
The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of encumbrances. Lower courts h…
KUMBHAR DHIRAJLAL MOHANLALversusSTATE OF GUJARAT
1996 INSC 11424 October 1996Dismissed
The appellant, Kumbhar Dhirajlal Mohanlal, was charged with murdering his wife, Hansaben, by pouring kerosene on her and setting her on fire. The deceased gave three dying declarations—before a doctor, a head constable, and an executive magistrate—stating that her husband had set her ablaze. The trial court acquitted t…
STATE OF TAMIL NADUversusSRI SRINIVASA SALES CIRCULATION
1996 INSC 11434 October 1996Appeal(s) allowed
The Supreme Court examined a coupon scheme operated by Sri Srinivasa Sales Circulation where a customer paid Rs.5 for a coupon, received three coupons for Rs.16 each, sold them to three persons for Rs.5 each, and ultimately obtained an article of his choice after the downstream purchasers cleared their payments. The As…
TAMIL NADU HOUSING BOARD AND ANR.versusP. PARTHASARATHI
1996 INSC 11444 October 1996Appeal(s) allowed
The respondent applied for allotment of a plot from the Tamil Nadu Housing Board in 1987, paid the required amount, but the plot was later converted into a public road and thus unavailable. After years of inactivity, the Board offered another plot on the condition that the respondent certify he owned no flat or plot, w…
THE DEPUTY INSPECTOR GENERAL OF POLICEversusK.S. SWAMINATHAN
1996 INSC 11454 October 1996Appeal(s) allowed
The respondent, then an Inspector of Police, was named in a charge memo alleging misconduct after a raid uncovered material linking him to illegal payments. He challenged the memo before the Tamil Nadu Administrative Tribunal, which set it aside on the ground that the charges were vague. The Supreme Court examined whet…
DELHI ADMINISTRATION THROUGH ITS CHIEF SECRETARY AND ORS.versusSUSHIL KUMAR
1996 INSC 11464 October 1996Appeal(s) allowed
The respondent, Sushil Kumar, applied for recruitment as a constable in the Delhi Police in 1989‑90 and was provisionally selected pending verification of his character and antecedents. The verification revealed antecedent records that the appointing authority deemed unsuitable, and his provisional selection was cancel…
UNION OF INDIA AND ORS.versusPRAVEEN GUPTA AND ORS.
1996 INSC 11474 October 1996Appeal(s) allowed
The Union of India sought to acquire two bighas of land in Siraspur and Libaspur for shifting the timber market under the Delhi Master Plan 2001. The acquisition was effected by a notification under Section 4(1) of the Land Acquisition Act, 1894, with the enquiry under Section 5A dispensed with by invoking the urgency …
JANAKI S. MENON AND ORS.versusDR. V.R.S. KRISHANAN AND ORS.
1996 INSC 11484 October 1996Dismissed
The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser sought extensions and wit…
KAMTA TIWARIversusSTATE OF M.P.
1996 INSC 9944 September 1996Dismissed
The appellant, a neighbour known as 'Tiwari Uncle', kidnapped, raped and murdered a seven‑year‑old girl named Pinky and disposed of her body in a well. The prosecution relied solely on a series of circumstantial facts, including the appellant's movements, forensic evidence linking his clothing and the victim's body, an…
HIMACHAL PRADESH MARKETING BOARD AND OTHERSversusSHANKAR TRADING COMPANY PVT. LTD. AND ORS.
1996 INSC 9954 September 1996Appeal(s) allowed
The respondents, Shankar Trading Co. Pvt. Ltd. and others, bought khairwood (a forest agricultural produce) and processed it through a series of physical and chemical steps to produce katha, a catechu product listed in the schedule of the Himachal Pradesh Agricultural Produce Marketing Act. The Himachal Pradesh Marketi…
REVAPPA GURUSIDDAPPAversusTHAKUBAI MADHAVARAO PATIL AND ORS.
1996 INSC 9964 September 1996Dismissed
The first respondent entered into an agreement on 11 March 1983 to purchase 3 acres 28 gunthas of land for Rs.12,000, paying Rs.2,000 as earnest money. The petitioner‑second defendant subsequently bought the same land on 8 July 1983 for Rs.6,000 and registered the sale deed. The first respondent sued for specific perfo…
E. RAMAKRISHNAN AND ORS.versusTHE STATE OF KERALA AND ORS.
1996 INSC 9974 September 1996Dismissed
The petitioners, appointed as ad‑hoc field workers in Kerala's Filaria Department between 1981 and 1985, sought regularisation of their services after more than fourteen years. The Kerala High Court dismissed their writ petitions and directed the government to fill thirty vacancies through the Public Service Commission…
SHYAM BAHADUR TRIPATHIversusU.P. STATE PUBLIC SERVICES TRIBUNAL AND ORS.
1996 INSC 9984 September 1996Dismissed
Shyam Bahadur Tripathi, a conductor with the U.P. Road Transport Corporation, was charged with misconduct for failing to issue tickets to 34 of 53 passengers on a bus. An enquiry was ordered, a charge‑sheet was served, and after a show‑cause notice and his explanation, he was removed from service on 8 December 1989, a …
SHROMANI GURDWARA PRABHANDAK COMMITTEEversusJASWANT SINGH
1996 INSC 9994 September 1996Dismissed
The respondent, Jaswant Singh, filed a suit seeking declaration of title and possession of a parcel of land. The petitioner, Shromani Gurudwara Prabandhak Committee, initially denied any title of the alleged owner, Isher Singh, in its first written statement. After trial, the petitioner sought to amend its written stat…
DR. S.K. KACKERversusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.
1996 INSC 10004 September 1996Dismissed
Dr. S.K. Kacker, a Professor and Head of the ENT Department at AIIMS, was appointed Director of the Institute for a five‑year tenure (Oct 1990‑Oct 1995). After his tenure ended, he filed a writ petition seeking to revert to his earlier post until his superannuation in July 1998. The Delhi High Court held that he could …
MUNICIPAL BOARD, HAPUR ETC.versusJASSA SINGH AND ORS. ETC.
1996 INSC 10014 September 1996Appeal(s) allowed
The Municipal Board of Hapur had set up a bus stand and, by resolution, increased the daily fee for its use from Rs 0.50 to Rs 0.75. Transport operators (the respondents) challenged the fee, arguing that the municipality lacked authority to levy it and that the increase was ultra vires. The Allahabad High Court struck …
COMMON CAUSE-A REGISTERED SOCIETYversusUNION OF INDIA & ORS.
1996 INSC 4874 April 1996Case Allowed
The Supreme Court entertained a public‑interest writ filed by Common Cause seeking enforcement of statutory provisions that require political parties to disclose their sources of funding and maintain audited accounts. The Court examined the obligations under Section 293A of the Companies Act, 1956, Sections 13A, 139(48…
MAHE BEACH TRADING COMPANY AND ETC.versusUNION TERRITORY OF PONDICHERRY AND ORS.
1996 INSC 4854 April 1996Dismissed
The appellants, dealers in petrol and diesel in Mahe, challenged the levy of a municipal tax on fuel and the subsequent Pondicherry Municipal Decree (Levy and Validation of Taxes, Duties, Cesses and Fees) Act, 1973. The High Court had struck down the original levy and later upheld the Validation Act as intra vires. On …
BHIM SINGH, PRESIDENT JAMMU AND KASHMIR PANTHERS PARTYversusTHE ELECTION COMMISSIONER OF INDIA AND ANR.
1996 INSC 4864 April 1996Disposed off
The petition was filed by Bhim Singh, President of the Jammu & Kashmir Panthers Party, seeking a declaration that Section 30(d) of the Representation of the People Act, 1951, which allows the Election Commission to fix poll dates without specifying a maximum interval after withdrawal of nominations, violates Article 14…
BHARAT BUILDERS (PVT.) LTD. AND ORS.versusPARIJAT FLAT OWNERS CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.
1996 INSC 4884 April 1996Disposed off
The Bombay High Court entertained a procedural application to list a civil appeal (No. 7032 of 1996) together with writ petitions filed under Articles 226 and 227 of the Constitution. The appeal arose from a decree for specific performance in suit No. 869/92 against Bharat Builders and others. Counsel for the responden…
VAZIR GLASS WORKS LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ANR.
1996 INSC 154 January 1996Disposed off
The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which remained pending when th…
MRS. VALSAMMA PAUL ETC.versusCOCHIN UNIVERSITY AND ORS. ETC.
1996 INSC 164 January 1996Dismissed
The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled to reservation benefi…
TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS JT. SECRETARY MR. NITIN THAKKARversusTHE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.
1996 INSC 174 January 1996Disposed off
The Textile Processors' Association filed a Special Leave Petition before the Supreme Court challenging a Gujarat High Court order that directed its member industries to pay 1% of their gross turnover towards pollution control, despite many of the industries not yet being operational and incurring losses. The petition …
RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.
1996 INSC 184 January 1996Dismissed
The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the proceedings. On appeal, th…
OMKAR NAMDEO JADHAO AND ORS.versusSECOND ADDITIONAL SESSIONS JUDGE BULDANA AND ANR.
1996 INSC 194 January 1996Appeal(s) allowed
The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC and on the physical …
COMMON CAUSEversusUNION OF INDIA AND ORS.
1996 INSC 204 January 1996Disposed off
The Supreme Court entertained a public‑interest writ under Article 32 filed by Common Cause seeking remedial measures for the serious deficiencies in India’s blood‑banking system. A 1990 consultancy report highlighted widespread unlicensed banks, reliance on professional donors, inadequate testing, poor equipment and h…
MUNISHWAR DUTT PANDEYversusRAMJEET TIWARI AND ORS.
1996 INSC 14293 December 1996Appeal(s) allowed
Munishwar Dutt Pandey, the senior-most lecturer, was appointed ad hoc Principal of Brijendra Mani Inter College on 1 July 1988 after the previous principal retired. The college’s managing committee later ratified this appointment on 29 October 1988. When the Uttar Pradesh Secondary Education Services Selection Boards (…
STATE OF BIHAR AND ORSversusBIHAR DISTILLERY LTD. ETC.
1996 INSC 14303 December 1996Appeal(s) allowed
The State of Bihar enacted the Bihar Excise (Amendment and Validating) Act, 1995 to give statutory basis to the price fixation of country liquor and the deduction of a 0.70‑paise warehouse‑maintenance charge that had been ordered by the Excise Commissioner. Distilleries challenged the Act, arguing it was beyond the Sta…
UNION OF INDIAversusU.D. DWIVEDI ETC.
1996 INSC 14313 December 1996Dismissed
U.D. Dwivedi, a scientist in the Defence Research and Development Organisation, challenged his promotion assessment on the ground that the Recruitment and Assessment Centre (RAC) was chaired by Prof. S. Sampath, a former member of the Union Public Service Commission (UPSC). The Central Administrative Tribunal held the …
MOHMEDRAFIZ HUSENMIYA THAKOR AND ORS.versusSTATE OF GUJARAT
1996 INSC 14323 December 1996Appeal(s) allowed
The case involved the murder of Girishbhai, a VHP secretary, for which 63 persons were charged under Section 302 IPC and Sections 3 and 4 of the TADA Act. Nine appellants were convicted by the designated court based largely on eye‑witness identification. On appeal, the Supreme Court examined the reliability of the iden…
VIJAY SINGH DEORA ETC. ETC.versusSTATE OF RAJASTHAN AND ANR. ETC. ETC.
1996 INSC 11403 October 1996Disposed off
The Supreme Court examined the method for fixing inter se seniority among three categories of officers (Group A, B and C) in the Rajasthan Engineering Subordinate Service (Irrigation Branch) for promotion to Assistant Engineer. Group A officers were temporarily appointed before 30 June 1978, while Group B and C officer…
ALL INDIA INDIAN OVERSEAS BANK SCHEDULED CASTES AND SCHEDULED TRIBES EMPLOYEES WELFARE ASSOCIATION AND ORS.versusUNION OF INDIA AND ORS.
1996 INSC 11413 October 1996Dismissed
The National Commission for Scheduled Castes and Scheduled Tribes issued an interim order directing Indian Overseas Bank to halt its promotion process pending investigation of complaints relating to reservation. The bank and the candidates filed a writ petition, and the Delhi High Court set aside the Commission’s order…
HINDUSTAN STEELWORKS CONSTRUCTION LTD.versusTHE COMMISSIONER OF LABOUR AND ORS.
1996 INSC 9873 September 1996Appeal(s) allowed
Hindustan Steelworks Construction Ltd., a government company registered as a principal employer under the Contract Labour (Regulation and Abolition) Act, 1970, engaged M/s Investigation and Security Services India Pvt. Ltd. as a licensed contractor to supply security staff. The contractor paid the workers lower wages t…
RASHTRIYA MILL MAZDOOR SANGHversusTHE STATE OF MAHARASHTRA AND ORS.
1996 INSC 9883 September 1996Dismissed
The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, 19(1)(c) and 21 of th…
STATE OF ORISSA AND ORS.versusNARAIN PRASAD AND ORS.
1996 INSC 9893 September 1996Appeal(s) allowed
The State of Orissa awarded exclusive liquor licences to Narain Prasad and others, who contracted to lift a monthly minimum guaranteed quantity (MGQ) of liquor and remit excise duty in two instalments as per Orissa Excise (Exclusive Privilege) Rules, 1970. The licensees failed to lift the MGQ and to pay the duty, promp…
HIRAversusKASTURIBAI AND ORS.
1996 INSC 9903 September 1996Dismissed
The respondents, children of a deceased pakka tenant, sued to declare a 1960 sale deed executed by their mother invalid, alleging that her remarriage in 1958 forfeited her tenancy rights under the Madhya Bharat Land Revenue and Tenancy Act. The trial court, appellate court and High Court held that the mother lost her r…
K. PADMARAJU @ PADMANABHA RAJU AND ORS.versusTHE SENIOR REGIONAL MANAGER, F.C.L. HYDERABAD AND ORS.
1996 INSC 9913 September 1996Appeal(s) allowed
The Supreme Court examined the compensation payable for the acquisition of 33 acres 84 cents of agricultural land in West Godavari district for FCI godowns. The Land Acquisition Officer had fixed Rs 32,500 per acre, which was enhanced by a Subordinate Judge to Rs 90,000 per acre, a decision later set aside by the Andhr…
SH BENOY MAZUMDAR (DEAD) BY LRS.versusTHE COLLECTOR OF CACHAR
1996 INSC 9923 September 1996Dismissed
The appellant's 60 bighas of land, requisitioned in 1959 under the Assam Land (Requisition and Acquisition) Act, 1948 for settlement of Bangladesh refugees, was compensated at Rs. 300 per bigha under Section 7(1A). The appellant argued that the land, originally granted in 1872 for "special cultivation," should attract …
SMT. WINKY DILAWARI AND ANR.versusAMRITSAR IMPROVEMENT TRUST, AMRITSAR
1996 INSC 9933 September 1996Dismissed
The Amritsar Improvement Trust framed a scheme under the Punjab Town Improvement Act, 1922 to create a passage to Guru Nanak Stadium and, after statutory publication and government approval, began acquiring land for the scheme. The appellants, who purchased a vacant site after the scheme’s approval but before personal …
KARNATAKA STATE FINANCIAL CORPORATIONversusMICRO CAST RUBBER AND ALLIED PRODUCTS (P) LTD. AND ORS.
1996 INSC 6933 June 1996Appeal(s) allowed
The Karnataka State Financial Corporation (KSFC) had extended loans to a rubber manufacturing company (Respondent No.1) which defaulted, leading KSFC to take over the unit under Section 29 of the State Financial Corporations Act, 1951 and initiate its sale. After several advertisements, offers were received: the highes…
STATE BANK OF INDIA STAFF ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.
1996 INSC 4793 April 1996Dismissed
The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the Trade Unions Act, 1926 …
GHULAM DIN BUCH ETC. ETC.versusSTATE OF JAMMU AND KASHMIR
1996 INSC 4803 April 1996Disposed off
The case concerned the alleged conspiracy by senior officials of the Jammu & Kashmir Power Department to award transport contracts for bamboo poles at inflated per‑kilometre‑per‑pole rates, causing wrongful loss to the State. The prosecution proved that the officials deliberately selected non‑transport firms, fixed unr…
COMMISSIONER OF WEALTH TAX, LUCKNOWversusRAJA VISHWANATH PRATAP SINGH
1996 INSC 4813 April 1996Appeal(s) allowed
The appellant, Commissioner of Wealth Tax, challenged the High Court's order that allowed a deduction of a Rs 30 lakh decree amount as a debt owed by the assessee, Raja Vishwanath Pratap Singh, under the Wealth Tax Act. The decree arose from his father's debts under the U.P. Encumbered Estates Act; the father's estate …
MUNICIPAL CORPORATION OF DELHIversusM/S. TRIGON INVESTMENT AND TRADING PRIVATE LTD. AND ANR.
1996 INSC 4823 April 1996Appeal(s) allowed
The Municipal Corporation of Delhi (MCD) assessed property tax on flats allotted to Trigon Investment and Trading Private Ltd. (the respondent) despite the absence of a registered sale deed and without serving a notice under Section 126 of the Delhi Municipal Corporation Act, 1957. The respondent argued that, without s…