M.B. SANGHI, ADVOCATEversusHIGH COURT OF PUNJAB AND HARYANA AND ORS.
1991 INSC 16631 July 1991Dismissed
The appellant, a practising advocate, was held by the Punjab and Haryana High Court to have contempted a Sub‑Judge by making disparaging remarks that alleged the judge was a contractor of the Municipal Committee and was colluding with the Deputy Commissioner. The High Court, relying on the Sub‑Judge’s report and the te…
SUBHASH DESAIversusSHARAD J. RAO AND ORS.
1994 INSC 13631 March 1994Dismissed
Subhash Desai, elected from Goregaon as a Shiv Sena candidate, was challenged by Sharad J. Rao of Janata Dal for alleged corrupt practices. The election petition alleged that Desai had appealed to voters on religious grounds, published a false newspaper report to vilify Rao, and incited communal hatred, violating Secti…
STATE OF TAMIL NADUversusKARUPPUSAMY AND ORS.
1992 INSC 9931 March 1992Appeal(s) allowed
The State of Tamil Nadu prosecuted accused Karuppusamy and Natarajan for the murder of Muthusamy and the attempted outraging of Anjali's modesty, alleging that the accused used aruvals to cut off the victim's head and assault the woman. Four eye‑witnesses, including a rustic woman (PW‑1) and a child (PW‑2), testified t…
M. VENUGOPALversusTHE DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, MACHILIPATNAM, ANDHRA AND ANR.
1994 INSC 3531 January 1994Dismissed
M. Venugopal was appointed as a Development Officer of Life Insurance Corporation (LIC) on a one‑year probation, later extended to two years, with a condition that he achieve a minimum business target for confirmation. He failed to meet the target and his service was terminated during the extended probation period unde…
USHA K. PILLAIversusRAJ. K. SRINIVAS AND ORS.
1993 INSC 17430 April 1993Disposed off
The appellant, Usha Pillai, was appointed guardian of her granddaughter Nivedita after the child's mother committed suicide. The child's father, R.K. Srinivas, abducted the child and took her to the United States, leading the appellant to file a kidnapping complaint. During the criminal trial, the father obtained exemp…
TMT. T.P.K. THILAGAVATHYversusTHE REGIONAL TRANSPORT AUTHORITY AND OTHERS
1994 INSC 55829 November 1994Dismissed
The petitioners, private stage‑carriage operators, challenged the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 which bars the grant of any new permit overlapping a notified route after 30 June 1990. They argued that the cut‑off date created an arbitrary classification violating Article 14 and that Section 1…
PRABHU SHANKAR JAISWALversusSRI SHEO NARAIN JAISWAL
1996 INSC 125029 October 1996Appeal(s) allowed
The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act and to file a petitio…
C.T. LTD. AND ANR.versusCOMMERCIAL TAX OFFICER AND ORS.
1996 INSC 124129 October 1996Appeal(s) allowed
C.T. Ltd. and another, engaged in the tea trade, entered into a contract with the State Trading Corporation (STC) to supply unblended Assam tea to an Iranian buyer. To fulfil this contract they purchased tea from auction brokers. The sales tax authorities demanded payment of sales tax on these purchases. The appellants…
M .B. HIREGOUDARversusSTATE OF KARNATAKA AND ORS.
1991 INSC 27829 October 1991Appeal(s) allowed
The appellant, a rigman in Karnataka's Department of Mines and Geology, was first appointed as a local Junior Engineer in 1967 and later selected by the State Public Service Commission and appointed by the Director on 4 May 1970, before recruitment rules for the post were framed. He was promoted to Assistant Drilling E…
STATE OF MAHARASHTRAversusCAPTAIN BUDDHIKOTA SUBHA RAO
1989 INSC 29929 September 1989Appeal(s) allowed
Captain B. Subha Rao, a retired naval officer, was arrested at Bombay Airport for allegedly breaching the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. He filed a series of bail applications; Judge Puranik rejected a batch on 6 June 1989 without noting a pending application (Criminal Application No. 995/8…
SHRI T. SHAM BHATversusUNION OF INDIA AND ANR.
1994 INSC 29329 July 1994
Shri T. Sham Bhat, a Class‑I officer of Karnataka's non‑State Civil Service, was barred from selection to the Indian Administrative Service (IAS) after the IAS (Appointment by Selection) Second Amendment Regulations, 1989 increased the required continuous service from eight to twelve years and allowed Class‑II officers…
REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA REGARDING ENQUIRY AND REPORT ON ALLEGATION AGAINST SHRI SHER SINGH, MEMBER, HPSCversusREFERENCE CASE NO. 1 OF 1995
1997 INSC 7829 January 1997Reference answered
The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an enquiry into whether Shri Sher Singh, a member of the Haryana Public Service Commission, should be removed for misbehaviour. The allegation was that Sher Singh repeatedly attempted to influence the written…
BHARAT RAM MEENAversusRAJASTHAN HIGH COURT AT JODHPUR AND ORS .
1997 INSC 7929 January 1997Dismissed
Bharat Ram Meena, a Munsiff/Judicial Magistrate, challenged adverse remarks recorded in his 1990 Annual Confidential Report (ACR) that questioned his integrity, impartiality, and conduct. The remarks were based on allegations of unauthorized absences during election duties and alleged manipulation of judicial records, …
STATE OF ORISSAversusB.N. AGARWALLA
1997 INSC 7729 January 1997Dismissed
The Supreme Court examined whether an arbitrator under the Arbitration Act, 1940 could award interest for three distinct periods – pre‑reference, pendente lite, and post‑award – in light of the Interest Act, 1978 and contractual terms. It held that an arbitrator may award pre‑reference interest only when the dispute ar…
DR. H. MUKHERJEE AND ORS.versusUNION OF INDIA AND ORS.
1993 INSC 31228 September 1993Appeal(s) allowed
Dr. H. Mukherjee and others challenged the decision of the Appointments Committee of the Cabinet (ACC) to reject the Union Public Service Commission’s (UPSC) recommendation for S.K. Bhargava as Chief Controller of Explosives. The ACC had relied on an adverse remark in Bhargava’s 1987 Confidential Report and on a CBI in…
UNION OF INDIA AND ORS.versusM/S. GRAPHIC INDUSTRIES CO. AND ORS.
1994 INSC 29228 July 1994Appeal(s) allowed
Graphic Industries Co. supplied stores worth about Rs. 50 lakh to Eastern Railways, but payment was delayed. The company filed a writ petition under Article 226 of the Constitution seeking a mandamus for payment, relying on correspondence between the Railway Minister and officials. The Calcutta High Court Division Benc…
FENNER (INDIA) LTD.versusCOLLECTOR OF CENTRAL EXCISE, MADURAI
1995 INSC 22028 March 1995Appeal(s) allowed
Fenner (India) Ltd. manufactured PVC‑impregnated conveyor belting of lengths 100‑400 m, widths 600‑1200 mm and thickness 7‑9.5 mm. The Central Excise authorities classified the belting under Tariff Heading 39.20 (plates, sheets, film, foil and strip) as a "strip", while the appellants argued that it should fall under H…
EMPLOYERS IN RELATION TO THE MANAGEMENT OF RESERVE BANK OF INDIAversusTHEIR WORKMEN
1996 INSC 32728 February 1996Appeal(s) allowed
The Reserve Bank of India (RBI) provided canteen facilities for its Class III and IV employees through three arrangements – an Implementation Committee, co‑operative societies and contractors – but had no statutory duty to run these canteens. The Central Government Industrial Tribunal held that 166 canteen workers were…
FOOD CORPORATION OF INDIAversusSTATE OF KERALA
1997 INSC 7328 January 1997Dismissed
The Food Corporation of India (FCI) purchased food grains from the State of Uttar Pradesh under levy orders issued pursuant to Section 3 of the Essential Commodities Act, 1955, and also distributed fertilizers under the Fertilizer (Control) Order, 1957. The State sought to levy purchase tax and a 5% surcharge on the FC…
M/S JK SYNTHETICS AND ANR. ETC.versusCOMMERCIAL TAX OFFICER AND ANR
1997 INSC 6928 January 1997Disposed off
J.K. Synthtics Ltd., a manufacturer of tyre‑cord fabric, claimed exemption from sales tax under a 1957 notification issued under Section 8(5) of the Central Sales Tax Act, 1956. The State of Rajasthan later issued notifications in 1980 and 1981, the latter stating that "all the notifications" issued under Section 8(5) …
SMT. VANAMALAversusSHRI H.N. RANGANATHA BHATIA
1995 INSC 42527 July 1995Appeal(s) allowed
The appellant, a woman who obtained a divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, later filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The trial magistrate dismissed the application, holding that a divorcee could not claim maintenance, but the Sess…
BIHAR STATE ELECTRICITY BOARD AND ORS.versusPARMESHWAR KUMAR AGARWALA ETC. ETC.
1996 INSC 69227 May 1996Dismissed
The Bihar State Electricity Board, facing losses from electricity theft and defective meters, issued a notification under Sections 46 and 49 of the Electricity (Supply) Act, 1948 to bill industrial consumers at prescribed load factors. Consumers challenged the notification, arguing it conflicted with the terms of their…
SH. O.K. UDAYASANKARAN AND ORS. ETCversusUNION OF INDIA AND ORS. ETC.
1996 INSC 45427 March 1996Dismissed
The case concerned ex‑servicemen re‑employed by the Life Insurance Corporation (LIC) of India who were appointed after 1 January 1988. LIC had issued instructions on 2 June 1989 prescribing how their salaries should be fixed, including a notional fitment provision in paragraph 3.8 that was intended only for ex‑servicem…
RAMANAND PRASAD SINGH AND ANR ETC.versusUNION OF INDIA & ORS. ETC.
1996 INSC 45527 March 1996Appeal(s) allowed
A Selection Committee was constituted to select officers of the Bihar Administrative Service for promotion to the Indian Administrative Service. The Committee considered 264 officers, including those above the age of 54 under the provisos of Regulation 5(3), and prepared a list of 51 suitable candidates. The Central Ad…
UNION OF INDIA AND ORS.versusK.V. VIJEESH
1996 INSC 31727 February 1996Appeal(s) allowed
The respondent, K.V. Vijeesh, was placed at rank 172 in the select list for Diesel Assistant vacancies of the Southern Railways but was not appointed while lower‑ranked candidates were. He approached the Central Administrative Tribunal, which directed the Railways to consider him for any existing or future vacancy. The…
V. SUBBA RAO AND OTHERSversusTHE SECRETARY TO GOVT. PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF AP. AND OTHERS
1996 INSC 31827 February 1996Dismissed
The petitioners, children of deceased employees, were initially appointed on compassionate grounds and later regularized, after which they were promoted to Junior Assistant. A show‑cause notice was issued ordering their reversion because they had only about three years of service in the last grade, whereas promotion to…
SHAHEEN WELFARE ASSOCIATIONversusUNION OF INDIA AND OTHERS
1996 INSC 32427 February 1996Disposed off
The Supreme Court entertained a public‑interest writ under Article 32 filed by Shaheen Welfare Association seeking the release of under‑trial detainees under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) where evidence was lacking or procedural safeguards were not observed. The Court observed th…
M/S GOODYEAR INDIA LTDversusCOLLECTOR OF CUSTOMS, BOMBAY
1997 INSC 6227 January 1997Appeal(s) allowed
M/s. Goodyear India Ltd. imported nylon woven dipped diffusion resistance fabric and paid the additional duty levied under the Customs Tariff Act, 1975. The importer claimed a refund, contending that the goods fell under the exemption Notification No. 55/78 as "textured yarn produced out of base yarn" and should attrac…
CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 7627 January 1995Case Allowed
The Consumer Education and Research Centre filed a public‑interest writ under Article 32 seeking protection for workers in asbestos mines and industries, alleging that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41, 43 and 48A of the Constitution. The petition …
TUSHAR ARUN GANDHIversusSTATE OF ORISSA AND OTHER
1996 INSC 138426 November 1996Disposed off
The petitioner, great‑grandson of Mahatma Gandhi, learned that an urn allegedly containing Gandhi's ashes was kept in a safe‑deposit locker of the State Bank of India, Cuttack, deposited in 1950 by the then Secretary to the Chief Minister of Orissa. After repeated requests to the Orissa government and the bank for rele…
U.D. LAMA AND OTHERSversusSTATE OF SIKKIM AND OTHERS
1996 INSC 138226 November 1996Dismissed
The Sikkim State Civil Service Rules, 1977 required recruitment either by competitive examination or selection of existing gazetted officers, with the Public Service Commission (PSC) as the appointing authority. Because the PSC was not constituted until 1982, the State Government, invoking Rule 4(3), held a written‑exa…
COLLECTOR OF CENTRAL EXCISE, JAIPURversusBANSWARA SYNTEX LTD.
1996 INSC 138326 November 1996Appeal(s) allowed
The Collector of Central Excise issued a demand that Banswara Syntex Ltd. pay excise duty on single‑ply yarn used for doubling or multifolding, alleging short payment. The company argued that duty should be payable only after the yarn was doubled, contending that the process did not create a new product and that waste …
M. JANARDHAN AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1993 INSC 37926 November 1993Appeal(s) allowed
The appellants, who were temporarily appointed as Health Inspectors between 1958 and 1962, challenged the Andhra Pradesh Government's order that retrospectively regularised the services of temporary promotee Health Inspectors (respondents No. 4‑121) under Rule 37(e) of the Public Health Subordinate Service Rules. They …
SHRI DEVENDRA MANAGEMENT TRAINEES AND ORS.versusPUNJAB NATIONAL BANK
1993 INSC 38026 November 1993Dismissed
The appellants, members of Scheduled Castes and Scheduled Tribes employed in the clerical cadre of Punjab National Bank, were selected as Management Trainees on the condition of two years of training and subsequent confirmation based on a bank test and examination. While they were on training, the bank revised its pay …
HINDUSTAN LEVER LTD.versusB.N. DONGRE AND ORS. ETC. ETC.
1994 INSC 28426 July 1994Disposed off
Hindustan Lever Ltd. sought to impose a ceiling on dearness allowance for workers earning above Rs 500 per month, arguing that the existing slab system caused over‑neutralisation of the cost‑of‑living index and distorted wage differentials, especially vis‑à‑vis junior executives. The Industrial Tribunal placed such a c…
FOOD CORPORATION OF INDIA AND ORS.versusH.N. BHARTI AND ORS.
1992 INSC 8925 March 1992Disposed off
After the abolition of the Central Government's Food Department, its employees were transferred to the Food Corporation of India (FCI). The FCI, exercising powers under Section 45 of the Food Corporation Act, 1964, issued a circular on 15 May 1975 governing the regularisation of ad‑hoc promotions for both transferred e…
NIADAR AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.
1991 INSC 1425 January 1991
The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions under Article 136 o…
HINDUSTAN LEVER EMPLOYEES' UNIONversusHINDUSTAN LEVER LIMITED AND ORS
1994 INSC 48324 October 1994Dismissed
The Supreme Court considered the sanction of a scheme of amalgamation between Tata Oil Mills Company Ltd. (TOMCO) and Hindustan Lever Ltd. (HLL), a subsidiary of the foreign multinational Unilever. The petitioners – nominal TOMCO shareholders, employee unions and consumer groups – challenged the scheme on six grounds, …
S.B. DOGRAversusSTATE OF HIMACHAL PRADESH AND ORS.
1992 INSC 26224 September 1992Appeal(s) allowed
The appellant S.B. Dogra, a former Indian Army officer, was appointed to the Himachal Pradesh Police Service under the Demobilised Armed Forces Personnel (Reservation of Vacancies) Rules, 1972 and was given seniority based on a notional entry date of 1964 as per Rule 5(1). Respondent D.S. Amist challenged this seniorit…
J.H. PATELversusSUBHAN KHAN
1996 INSC 77724 July 1996Appeal(s) allowed
In the Channagiri Legislative Assembly election, Subhan Khan's nomination was rejected because he had not taken the oath required under Article 173 of the Constitution on the day of scrutiny. He argued that an oath taken earlier on 27 October 1994 in another constituency (Davanagere) should suffice, and the High Court …
STATE OF PUNJAB AND ORS.versusRAM SINGH EX. CONSTABLE
1992 INSC 18224 July 1992Appeal(s) allowed
Ram Singh, a gunman in the Punjab Police, was dismissed after being found heavily drunk on duty, roaming the bus stand with his service revolver and abusing a medical officer. He challenged the dismissal, claiming it violated natural justice and that the conduct did not amount to "gravest misconduct" under Rule 16.2(1)…
STATE BANK OF INDIA SCHEDULED CASTE/TRIBE EMPLOYEES WELFARE ASSOCIATION AND ANR.versusSTATE BANK OF INDIA AND ORS.
1996 INSC 57724 April 1996Dismissed
The State Bank of India (SBI) had issued two circulars, one in 1978 and another in 1983, prescribing reservations of 15% for Scheduled Castes and 7.5% for Scheduled Tribes in promotions and allowing a carry‑forward of unfilled reserved vacancies for up to three years, after which they would lapse. The 1983 circular fur…
AHMEDABAD WOMEN ACTION GROUP AND ORS. ETC.versusUNION OF INDIA
1997 INSC 18524 February 1997Dismissed
The Supreme Court dismissed three public‑interest writ petitions that sought to declare various provisions of Muslim, Hindu and Christian personal laws unconstitutional. The petitioners argued that polygamy, unilateral talaq, and discriminatory inheritance rules violated Articles 13, 14 and 15 of the Constitution. The …
THE HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRARversusRAJ KISHORE YADAV AND ORS.
1997 INSC 18624 February 1997Appeal(s) allowed
The Allahabad High Court, through its Registrar, challenged a Division Bench judgment that declared Rule 4(a) of the Allahabad High Court Rules, 1951 ultra vires Article 215 of the Constitution because it required civil contempt matters to be heard by a single judge. The Supreme Court examined whether the rule conflict…
GOODYEAR INDIA LTD. ETC.versusUNION OF INDIA AND OTHERS
1997 INSC 18724 February 1997Appeal(s) allowed
Goodyear India Ltd manufactured tyres of size 1800 mm and above for heavy moving vehicles such as dumpers and earth‑movers. Excise duty was levied on these tyres as "tyres for motor vehicles" at 60% ad valorem. The company claimed a refund, arguing that such tyres should be classified under the residuary sub‑item 3 "al…
G. VISHWANATHAN ETC.versusTHE HONBLE SPEAKER TAMIL NADU LEGISLATIVE ASSEMBLY, MADRAS AND ANR.
1996 INSC 12724 January 1996Dismissed
Two members of the Tamil Nadu Legislative Assembly, elected in 1991 as AIADMK candidates, were expelled from the party and labelled ‘unattached’ by the Speaker. They later joined the Marumalarchi Dravida Munnetra Kazhagam (MDMK). The Speaker, invoking the Tamil Nadu Assembly (Disqualification on Ground of Defections) R…
ARVIND INDUSTRIES AND ORS.versusTHE STATE OF GUJARAT AND ORS.
1995 INSC 48723 August 1995Dismissed
The appellants, manufacturers of edible oil, set up solvent extraction plants in Gujarat and claimed a five‑year sales‑tax exemption under a Notification dated 11 November 1970, relying on that Notification, a press note and statements by the Chief Minister and Finance Minister. The State later issued a Notification on…
THE STATE OF KARNATAKA AND ORS. ETC. ETC.versusB.V. THIMMAPPA AND ORS. ETC. ETC.
1993 INSC 27123 August 1993Disposed off
The Supreme Court examined whether government servants in Karnataka who were promoted to higher posts during the period allowed for passing the Service and Kannada Language Examinations, but failed to pass those exams, could be reverted to their earlier posts. The Court held that Section 4 of the Karnataka Services Exa…
TATA IRON AND STEEL CO. LTD. ETC.versusUNION OF INDIA AND ANR.
1996 INSC 77023 July 1996Dismissed
Tata Iron and Steel Co. Ltd. (TISCO) sought a second renewal of its chromite mining lease under Section 8(3) of the Mines and Minerals (Regulation & Development) Act, 1957. The Central Government reduced the lease area and later further reduced it, prompting TISCO to challenge the orders, arguing that the concept of ca…
DR. RASH LAL YADAVversusSTATE OF BIHAR AND ORS.
1994 INSC 22523 June 1994Dismissed
Dr. Rash Lal Yadav, appointed Chairman of the Bihar School Service Board for a three‑year term, was removed by the State Government under Section 10(7) of the Bihar Non‑Government Secondary Schools (Taking over of Management and Control) Act, 1981 on grounds of alleged mismanagement and detrimental conduct. He challeng…
ELECTION COMMISSION OF INDIAversusDR. SUBRAMANIAN SWAMY AND ANR.
1996 INSC 56923 April 1996Disposed off
The Election Commission of India appealed against a Madras High Court decision that had prohibited Chief Election Commissioner T.N. Seshan from expressing the Commission’s opinion on a disqualification petition against Chief Minister J. Jayalalitha, on grounds of alleged bias. The Supreme Court examined whether the Chi…
STATE OF PUNJAB AND ORS. ETC. ETC.versusJOGINDER SINGH AND ORS. ETC. ETC.
1990 INSC 11023 March 1990Appeal(s) allowed
The respondents, convicted prisoners, filed writ petitions seeking premature release on the ground that the note appended to paragraph 631 of the Punjab Jail Manual had statutory force and thus overrode the State Government's executive instructions of 1971 and 1976 that modified paragraph 516‑B. The High Court accepted…
RAMESH SINGH AND ANR.versusCINTA DEVI AND ORS.
1996 INSC 30723 February 1996Appeal(s) allowed
An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal that was exercised on 2…
STATE OF HARYANA AND ORS.versusHAWA SINGH ETC. ETC.
1995 INSC 13123 February 1995Appeal(s) allowed
The petitioners were drivers in Haryana Roadways who were retired after being declared medically unfit for heavy‑vehicle driving due to eyesight defects. They sought a writ directing the State to appoint one of their sons to a suitable post. The High Court granted the writ, but the State appealed, relying on Government…
NITASHA PAULversusMAHARISHI DAYANAND UNIVERSITY ROHTAK AND ORS.
1996 INSC 11523 January 1996Appeal(s) allowed
Nitasha Paul, a second‑year B.D.S. student from Karnataka, applied to migrate to the Government Dental College, Rohtak for the 1993‑94 academic year. A sub‑committee recommended her for one of the eight vacant seats based on merit and her domicile certificate, but the Vice‑Chancellor ignored the recommendation and admi…
LUGA BAY SHIPPING CORPORATION AND ANR. ETC.versusTHE BOARD OF TRUSTEES OF THE PORT OF COCHIN AND ANR.
1996 INSC 137022 November 1996Dismissed
The owners of the vessel M.T. Larnaca entered Cochin Port and damaged an RCC platform, leading the Port Trust to assess damages of Rs. 33.82 lakh and demand an unconditional cash deposit before allowing the ship to depart. The owners challenged the demand, arguing that clause 6 of the 1980 notification and Regulation 4…
TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD. AND ANR.versusMUNICIPAL CORPORATION OF THE CITY OF THANE AND ORS.
1991 INSC 31022 November 1991Appeal(s) allowed
Tata Engineering and Locomotive Co. Ltd., which manufactures motor vehicle parts outside Thane, maintained a bonded warehouse inside Thane municipal limits and imported parts for temporary storage, breaking bulk and exporting them. The company paid octroi under a current‑account facility and filed 1,182 refund claims f…
M/S. THE ANDHRA BANK LTD., HYDERABADversusTHE COMMISSIONER OF INCOME TAX, A.P. LLL, HYDERABAD
1995 INSC 59322 September 1995Dismissed
The Andhra Bank Ltd. appealed against the Income Tax Commissioner challenging the disallowance of deductions for amounts transferred to its reserve fund exceeding the statutory 20% of profit. The bank argued that a direction from the Reserve Bank of India under Section 35A compelled it to transfer a larger sum, which s…
LIFE INSURANCE CORPN. OF INDIA AND ORS. ETC.versusPROF. MANUBHAI D. SHAH ETC. ETC.
1992 INSC 18122 July 1992Dismissed
The petitioners, Life Insurance Corporation of India (LIC) and Doordarshan, appealed against High Court orders directing LIC to publish a rejoinder to a criticism of its premium policy in its magazine and directing Doordarshan to telecast a documentary on the Bhopal gas disaster. The issues were whether a State‑owned c…
HICO PRODUCTS LTD.versusCOLLECTOR OF CENTRAL EXCISE
1994 INSC 16722 April 1994
HICO Products Ltd., a manufacturer of medicinal silicone products such as dimethicone and simethicone, claimed that these goods should be classified under the residuary Tariff Item 68 and therefore be exempt from excise duty under government notifications of 1982. The Central Excise authorities directed classification …
GOWRISHANKAR AND ANR.versusJOSHI AMBA SHANKAR FAMILY TRUST AND ORS.
1996 INSC 29422 February 1996Appeal(s) allowed
The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants (Gowrishankar and other…
INDUSTRIAL CREDIT AND INVESTMENT CORPORATION OF INDIA LTD.versusM/S SRINIVAS AGENCIES AND ORS. ETC. ETC.
1996 INSC 29722 February 1996Disposed off
The Industrial Credit and Investment Corporation of India Ltd. (the petitioner) challenged the actions of secured creditors who had approached civil courts to realise their debts against a company undergoing winding‑up. The Supreme Court examined the extent of a secured creditor's right to enforce security outside the …
RAM SARAN AND ANR. ETC.versusSTATE OF PUNJAB AND ORS. ETC.
1991 INSC 6222 February 1991Appeal(s) allowed
The Punjab Excise & Taxation Department had two cadres, Assistant Excise & Taxation Officers (Class III‑A) and Excise & Taxation Officers (Class II), each with promotion quotas. After reorganisation the Class III‑A cadre was abolished and a draft amendment to Rule 5 of the Class II Rules was applied, allowing promotion…
M/S. COMPLETE INSULATIONS (P) LTD.versusNEW INDIA ASSURANCE COMPANY LTD.
1995 INSC 75921 November 1995Dismissed
MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. The vehicle was lat…
UNION OF INDIAversusPRATIBHA BANERJEE AND ANR.
1995 INSC 76121 November 1995Dismissed
Pratibha Banerjee, a retired Judge of the Calcutta High Court, was appointed Vice‑Chairman of the Central Administrative Tribunal (CAT) and continued to draw her High Court pension. Upon retiring from the CAT, she claimed that her pension should be fixed under Part I of the First Schedule of the High Court Judges (Cond…
NANO KISHOREversusSTATE OF PUNJAB
1995 INSC 59121 September 1995Appeal(s) allowed
THE SECRETARY AND COMMISSIONER, HOME DEPARTMENT AND ORS.versusR. KIRUBAKARAN
1993 INSC 30321 September 1993Appeal(s) allowed
R. Kirubakaran entered the Tamil Nadu police service in 1958 with his date of birth recorded as 9‑8‑1934, giving a superannuation date of 8‑8‑1992. In August 1991, about a year before retirement, he applied to have his date of birth altered to 9‑8‑1936. After an initial rejection, he approached the Tamil Nadu Administr…
AYUB @PAPPU KHAN NAWAB KHAN PATHANversusS.N. SINHA AND ANR.
1990 INSC 23921 August 1990Appeal(s) allowed
The petitioner, Ayub, was detained under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on grounds that he was a "bootlegger" and a "dangerous person" involved in several offences. The petition challenged the detention, arguing that the detaining authority had not applied its mind and that t…
HYDERABAD INDUSTRIES LTD. AND ANR. ETC.versusUNION OF INDIA AND ORS.
1995 INSC 40721 July 1995Disposed off
Hyderabad Industries Ltd. and others imported asbestos fibre, which they obtained by separating the fibre from its parent rock using manual and mechanical means, and paid customs duty under entry 25.01.32. They challenged the levy of additional duty under Section 3(1) of the Customs Tariff Act, 1975 and the liability t…
FOOD CORPORATION OF INDIA AND ORSversusE. KUTTAPPAN
1993 INSC 22121 June 1993Appeal(s) allowed
The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed it in the Kerala Hi…
STATE OF ORISSA AND ORS.versusMAHANADI COALFIELDS LTD. AND ORS.
1995 INSC 28621 April 1995Disposed off
The State of Orissa challenged the validity of the Orissa Rural Employment, Education and Production Act, 1992 which imposed a tax of Rs 32,000 per acre on coal‑bearing lands. The High Court held that the State legislature lacked competence to levy such a tax and struck down the provision. On appeal, the Supreme Court …
PREMIER FABRICATORS, ALLAHABADversusHEAVY ENGINEERING CORPN. LTD., RANCHI
1997 INSC 30421 March 1997Appeal(s) allowed
Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued a non‑speaking awar…
SHRI DIGVIJAY CEMENT CO. ETC.versusSTATE OF RAJASTHAN AND ORS. ETC.
1997 INSC 30521 March 1997Leave Granted & Allowed
The appellants, Gujarat cement manufacturers, challenged three Rajasthan notifications that reduced the Central Sales Tax on inter‑state cement sales to 7% and later 4% and dispensed with the mandatory Form C declaration. They argued that the notifications were not issued in public interest, violated Articles 301, 302,…
NATIONAL INSURANCE CO. LTD.versusSUJIR GANESH NAYAK AND CO. AND ANR.
1997 INSC 30621 March 1997Leave Granted & Allowed
The appellant National Insurance Co. Ltd. issued two fire policies with a Riot and Strike endorsement to the respondent Sujir Ganesh Nayak & Co. When a strike halted production and caused damage, the insurer denied liability, invoking Special Condition 5(i)(b) which excludes loss from cessation of work, Clause 19 which…
K. GOPINATHAN NAIR ETC.versusSTATE OF KERALA
1997 INSC 30721 March 1997
The appellants, processors of cashew nuts in Kerala and Karnataka, purchased raw cashew nuts imported by the Cashew Corporation of India (CCI), a canalising agency, and argued that these purchases were "in the course of import" and thus exempt from state sales tax under Section 5(2) of the Central Sales Tax Act, 1956. …
STATE OF ANDHRA PRADESH AND ORS. ETC.versusMC. DOWELL & CO. AND ORS. ETC.
1996 INSC 41921 March 1996Disposed off
The State of Andhra Pradesh enacted the Prohibition Act, 1995 and later amended it to prohibit the manufacture of intoxicating liquor. Several liquor manufacturers challenged the amendment, arguing that the State lacked competence under Entry 8 of List II because the Industries (Development and Regulation) Act, 1951 (I…
RAJ KUMAR KARWALversusUNION OF INDIA AND ORS.
1990 INSC 9821 March 1990Dismissed
The Department of Revenue Intelligence (DRI) intercepted a truck carrying a large quantity of hashish and, during the investigation, obtained confessional statements from Raj Kumar Karwal and Kirpal Mohan Virmani. The appellants argued that these statements should be excluded under Section 25 of the Evidence Act becaus…
VAM ORGANIC CHEMICALS LTD. AND ANR.versusU. P. EXCISE ACT 1910
1997 INSC 4521 January 1997Dismissed
Vam Organic Chemicals Ltd. and two other firms, licensed to produce industrial alcohol (rectified spirit) for chemical manufacturing, challenged Uttar Pradesh's Notification No. 25/Licence/Part‑3 dated 18‑May‑1990 which imposed a denaturation fee of 7 paise per litre under Section 41 of the U.P. Excise Act, 1910. The p…
PHOOIL CHAND GUPTAversusSTATE OF ANDHRA PRADESH
1997 INSC 4621 January 1997
M/s. Phool Chand Gupta, a dealer in oilseeds, claimed exemption under Section 6(2) of the Central Sales Tax Act for the sale of Mohwa seeds purchased in transit and sold to dealers outside Andhra Pradesh. The Deputy Commissioner withdrew the exemption because the dealer had not furnished Form C, a requirement under Rul…
STATE OF ORISSA AND ORS.versusMIS. KRISHNA STORES
1997 INSC 4721 January 1997Appeal(s) allowed
The State of Orissa appealed against the High Court's order quashing the Commissioner of Sales Tax's revision of assessment orders for the assessment years 1969-70 and 1970-71 against Mis. Krishna Stores. The assessments had been reassessed under Sections 12(4) and 12(8) of the Orissa Sales Tax Act, and the firm’s appe…
B.N. SHANKARAPPAversusUTHANUR SRINIVAS AND ORS.
1992 INSC 1621 January 1992Appeal(s) allowed
The case concerned the powers of the Deputy Commissioner under the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 to specify and later change the headquarter of a Mandal. The Deputy Commissioner initially fixed the headquarter at Mudiyannur, later altered it to Utha…
SHRI JEE SALES CORPORATION AND ANOTHERversusUNION OF INDIA
1996 INSC 152520 December 1996Dismissed
The appellants, Shri Jee Sales Corporation and another, imported PVC resin relying on Notification No. 66 dated 15 March 1979 which exempted customs duty on such imports up to 31 March 1981. After they had opened letters of credit and the goods arrived, the Government issued Notification No. 205 on 16 October 1980 with…
LOHARA STEEL INDUSTRIES LTD. AND ANOTHER ETC.versusTHE STATE OF ANDHRA PRADESH AND ANOTHER
1996 INSC 152820 December 1996Appeal(s) allowed
Lohara Steel Industries Ltd., a dealer in iron and steel, bought scrap and ingots in Andhra Pradesh, sent them to its re‑rolling mill in Karnataka, and sold the re‑rolled products back in Andhra Pradesh. Under the Andhra Pradesh General Sales Tax Act, 1957, an exemption notification (G.O. Ms No 88, 1977) exempted such …
ADDITIONAL SECRETARY TO THE GOVERNMENT OF INDIA AND ORS .versusSMT. ALKA SUBHASH GADIA AND ANR.
1990 INSC 39220 December 1990Appeal(s) allowed
The Supreme Court examined a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against the husband of Smt. Alka Subhash Gadia, who could not be served with the order because he was absconding. The wife filed a writ petition challenging both the…
BHARAT COKING COAL LTD.versusMADANLAL AGRAWAL
1996 INSC 134320 November 1996Appeal(s) allowed
Madan Lal Agrawal sued Bharat Coking Coal Ltd. for eviction of land and buildings he claimed to own adjacent to Victory Colliery. The properties were used as offices and staff quarters for the mine, which had been taken over by the Central Government under the Coal Mines (Nationalisation) Act, 1973. The trial court dis…
JOSE ANTONIO CRUZ DOS R. RODRIGUESE AND ANR.versusLAND ACQUISITION COLLECTOR AND ANR.
1996 INSC 134420 November 1996Dismissed
The appellants sought redetermination of compensation for land acquired under the Land Acquisition Act, 1894, filing applications under Section 28‑A after the High Court had altered the reference court's award. The Deputy Collector rejected the applications as time‑barred, contending that the three‑month limitation per…
STATE OF U.P. AND ORS.versusGARIB DASS AND ORS.
1996 INSC 134520 November 1996Appeal(s) allowed
The State of Uttar Pradesh challenged the High Court's declaration that Section 37-A of the U.P. Excise Act, 1910 was void for violating Article 14 because it allowed an exemption for foreign liquor under Section 20(2). While the appeal was pending, the legislature omitted Section 20(2) and substituted a new Section 37…
RAJIV K. GARG AND ORS.versusSHANTI BHUSHAN AND OTHERS
1994 INSC 52620 November 1994Dismissed
The petitioners, members of the legal profession, sought suo motu initiation of criminal contempt proceedings against respondents, who were also lawyers and members of a Sub‑Committee on Judicial Accountability, alleging that they made statements disparaging judges and the judicial system. The petition relied on Sectio…
SYED KHALID RIZVI AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.
1992 INSC 32020 November 1992Appeal(s) allowed
The case concerned the inter‑se seniority of direct‑recruit Indian Police Service (IPS) officers and promotee officers from the Uttar Pradesh State Police Service who had been temporarily appointed to cadre posts. The promotees claimed that their continuous officiation from the date of their promotion should be counted…
SUB-COMMITIEE ON JUDICIAL ACCOUNTABILITYversusJUSTICE V. RAMASWAMY
1994 INSC 47520 October 1994Dismissed
The Sub‑Committee on Judicial Accountability filed a suo motu criminal contempt petition against Justice V. Ramaswamy, alleging that a letter he wrote to the Enquiry Committee under the Judges (Inquiry) Act, 1968 contained sweeping allegations against judges and the judiciary. The petition invoked Section 15 of the Con…
UNION OF INDIA AND ORS.versusAJAIB SINGH AND ORS.
1995 INSC 58720 September 1995Case Allowed
The Union of India appealed against an arbitrator’s award that enhanced compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, and added solatium and interest. The competent authority had originally paid Rs 60 per Marla, which the respondents accepted without protest, a…
TAPAN KUMAR SADHUKHANversusFOOD CORPORATION OF INDIA
1996 INSC 90420 August 1996Disposed off
The Food Corporation of India (FCI) had a stock of sub‑standard rice and issued a tender inviting licensed dealers to purchase it on the condition that they would upgrade the rice before it entered the market for human consumption. Two licensed dealers challenged the tender, alleging it violated the West Bengal Rice an…
CORPORATION BANKversusD.S. GOWDA AND ANR.
1994 INSC 22220 June 1994Disposed off
Corporation Bank advanced an overdraft facility to D.S. Gowda for construction of flats, later securing the debt by an equitable mortgage and charging interest at 16.5% per annum with quarterly rests. The borrower contested the rate as excessive and argued that the RBI circulars and the Mysore Usurious Loans Act barred…
CLOTHING FACTORY, NATIONAL WORKERS' UNION AVADI, MADRAS, REPRESENTED BY ITS SECRETARYversusUNION OF INDIA BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND ORS.
1990 INSC 15120 April 1990Dismissed
The case concerned workers of the Ordinance Clothing Factory, Avadi, who were divided into day workers and piece‑rated workers. The Union of India, on behalf of the piece‑rated workers, sought direction that they be paid overtime wages at double the ordinary rate for the 3¼ hours worked each week beyond the normal 44¾‑…
COLLECTOR OF CENTRAL EXCISE, MADRASversusM/S. ARESON AND COMPANY
1997 INSC 29520 March 1997Appeal(s) allowed
The respondent, a manufacturer of trailers and steel furniture, sought a refund of excise duty on the ground that the aggregate value of clearances of both items in the preceding financial year was below Rs 20 lakhs, invoking paragraph 2(ii) of Notification No. 80/80. The Assistant Collector rejected the claim because …
SHRI DINESH TRIVEDI, M.P. AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 30320 March 1997Disposed off
A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the Report tabled in Parlia…
K. VIMALAversusK. VEERASWAMY
1991 INSC 8020 March 1991Appeal(s) allowed
K. Vimala filed a petition for maintenance under Section 125 of the Code of Criminal Procedure against her husband, K. Veeraswamy. The husband contended that the marriage was void because he was already married to Veeramma, and therefore he was not liable to maintain Vimala. The trial magistrate dismissed the husband's…
MOHD. ASLAM KHANversusNARCOTICS CONTROL BUREAU AND ANOTHER
1996 INSC 28420 February 1996Appeal(s) allowed
Mohammad Aslam Khan was convicted under Section 22 read with Section 8(c) of the NDPS Act for possession of 50,000 Mandrex tablets seized from flat No.102 in Andheri. The prosecution relied on an agreement allegedly signed by the appellant, seized from the premises, and on statements made by the appellant under Section…
SECRETARY, FINANCE DEPARTMENT AND ORS.versusWEST BENGAL REGISTRATION SERVICE ASSOCIATION AND ORS.
1992 INSC 5520 February 1992Appeal(s) allowed
The West Bengal Registration Service’s Sub‑Registrars, although gazetted and placed in the State Service, were paid on a scale lower than the minimum State Service scale (scale No.17). They challenged the State Government’s refusal to upgrade their pay, arguing that the denial violated Articles 14 and 16 of the Constit…
SAHAB SINGH AND OTHERSversusSTATE OF HARYANA
1990 INSC 5120 February 1990Appeal(s) allowed
The appellants were convicted by an Additional Sessions Judge on three counts, including a life sentence with a fine of Rs.200 under Section 302/149 IPC. The High Court, while dismissing their appeal, altered the fine to Rs.5,000 per count per appellant, increasing it to Rs.30,000 each, without any notice or hearing. T…
DURGA NARAYANversusCHAIRMAN AND MANAGING DIRECTOR, DENA BANK
1995 INSC 6820 January 1995Dismissed
The appellant, Durga Narayan, was appointed as Economic Officer of Dena Bank on 26 May 1978 with a basic pay of Rs.700, the scale recommended by the Pillai Committee. After ten years he claimed that he was entitled to a further "fitment" benefit under the Dena Bank (Officer's) Service Regulations, 1979, arguing that th…
LILY KURIANversusTHE UNIVERSITY APPELLATE TRIBUNAL AND OTHERS
1996 INSC 151819 December 1996Disposed off
Lily Kurian, the founding principal of St. Joseph's Training College for Women, was dismissed after an ex‑parte disciplinary enquiry and later reinstated by the Vice‑Chancellor, but the reinstatement was set aside by the Kerala High Court. The Kerala University Act, 1974 introduced Sections 60(7) and 61, allowing an ex…
NEW DELHI MUNICIPAL COUNCILversusSTATE OF PUNJAB ETC. ETC.
1996 INSC 151319 December 1996Disposed off
The New Delhi Municipal Council (NDMC) and the Delhi Municipal Corporation (MCD) levied property tax on immovable properties owned by several State governments within the Union Territory of Delhi. The States challenged the levy, arguing that Article 289(1) of the Constitution exempts State property and income from Unio…
MAFATLAL INDUSTRIES LTD. ETC. ETC.versusUNION OF INDIA ETC. ETC.
1996 INSC 151419 December 1996Disposed off
The case concerns refunds of excise and customs duties collected contrary to law. The Supreme Court examined the validity of Section 11-B of the Central Excises and Salt Act, 1944, as amended in 1991, which restricts refunds to claimants who have not passed on the burden of duty to others. The Court overruled its earli…
JACOB M. PUTHUPARAMBIL AND ORS. ETC. ETC.versusKERALA WATER AUTHORITY AND ORS. ETC. ETC.
1990 INSC 29219 September 1990Appeal(s) allowed
The Kerala Water Authority (KWA) was created under the Kerala Water Supply and Sewerage Act, 1986, transferring all Public Health Engineering Department (PHED) employees to the Authority. Employees were divided into four groups based on their dates of appointment, and many faced termination. The petitioners sought regu…
SUBODH KUMAR GUPTAversusSHRIKANT GUPTA AND ORS.
1993 INSC 27019 August 1993Dismissed
The plaintiff, a partner in a firm whose head office was in Bombay and factory in Mandsaur, filed a suit in the Chandigarh Court seeking dissolution of the partnership and rendition of accounts, alleging that the firm had a branch office in Chandigarh. The defendants contended that the Chandigarh Court lacked territori…
UNION OF INDIA AND ORS.versusINDIAN ALUMINIUM CO. LTD. AND ANR.
1995 INSC 27519 April 1995Dismissed
The Union of India challenged the clearance of aluminium dross and skimmings by Indian Aluminium Co. Ltd. without payment of excise duty. The company claimed credit for duty paid on aluminium ingots under Rule 56A while clearing aluminium sheets, and argued that the dross and skimmings, being waste, were not excisable …
STATE OF SIKKIMversusSURENDRA PRASAD SHARMA AND ORS. ETC. ETC.
1994 INSC 16219 April 1994Appeal(s) allowed
The State of Sikkim terminated the services of several non‑local employees appointed under temporary posts, invoking Rule 4(4) of the Sikkim Government Establishment Rules, 1974, which gave preference to Sikkimese nationals. The employees challenged the terminations before the Sikkim High Court, which held that the rul…
KADRA PAHADIYA AND ORS. ETC.versusSTATE OF BIHAR ETC.
1997 INSC 29319 March 1997Disposed off
The petitioners filed writ petitions seeking a Supreme Court direction that all States appoint sufficient Special Judicial Magistrates (SJM) and Special Metropolitan Magistrates (SMM) under Sections 13(1) and 18(1) of the Criminal Procedure Code, 1973, to clear the massive backlog of petty criminal cases and ensure spe…
B.O.I. FINANCE LIMITED ETC.versusTHE CUSTODIAN AND ORS. ETC.
1997 INSC 29219 March 1997Appeal(s) allowed
The appellant banks entered into ready‑forward (buy‑back) contracts with brokers before June 1992, consisting of a completed ready leg (purchase of securities) and a future forward leg. The Custodian, under the Special Court Act, claimed the contracts were void for violating RBI circulars issued under the Banking Regul…
JAI PARKASH AND ORS. ETC. ETC.versusUNION OF INDIA
1997 INSC 29419 March 1997Leave Granted & Dismissed
The appellants, Jai Parkash and others, challenged the compensation awarded for land acquired by the Union of India in village Keshopur under the Land Acquisition Act, 1894. The Land Acquisition Collector had divided the land into blocks with varying rates, which were later raised by the Additional District Judge. The …
STATE OF ORISSA AND ORS. ETC.versusSUKANTI MOHAPATRA AND ORS. ETC.
1993 INSC 10619 March 1993Disposed off
The Orissa Ministerial Service Rules, 1975 required recruitment of Lower Division Assistants through competitive exams, but many were appointed without complying with the rules and later regularised by government orders invoking Rule 14. The appellants challenged the regularisation and the seniority ranking that placed…
DELHI SCIENCE FORUM AND ORS. ETC.versusUNION OF INDIA AND ANR.
1996 INSC 27519 February 1996Dismissed
The petitioners challenged the Central Government’s exercise of power under Section 4(1) of the Indian Telegraph Act, 1885 to grant licences to private companies for establishing and operating telecommunication services, arguing that the privilege was exclusive to the Government and that the procedure, including a capp…
PEFCO FOUNDRY CHEMICALS LTD.versusCOLLECTOR OF CENTRAL EXCISE, PUNE
1992 INSC 5319 February 1992Dismissed
PEFCO Foundry Chemicals Ltd manufactured cylinder liners by casting iron and then machining and honing them before delivering the goods to Indian Railways. The Central Excise authorities treated the liners, at the time of supply, as fully machined machine parts liable to duty under Entry 68, while the appellant argued …
THE MADHYA PRADESH CO-OPERATIVE BANK LTD. JABALPUR ETC.versusTHE ADDITIONAL COMMISSIONER OF INCOME TAX. ETC.
1996 INSC 10219 January 1996Dismissed
The Madhya Pradesh Co-operative Bank Ltd., an apex co-operative bank, claimed that all its income, including interest earned on government securities placed with the State Bank of India/Reserve Bank of India and interest on Provident Fund deposits, arose from its banking business and was therefore exempt under Section …
RAMANARANGversusRAMESH NARANG AND ORS.
1995 INSC 6119 January 1995Dismissed
The appellant, Rama Narang, was appointed Managing Director of a deemed public limited company after being convicted of offences involving moral turpitude. Respondent Ramesh Narang challenged the appointment under Section 267 of the Companies Act, 1956, which bars a person convicted of such offences from holding the of…
STATE OF HARYANAversusHARI RAM YADAV AND ORS.
1994 INSC 1519 January 1994Appeal(s) allowed
Hari Ram Yadav, an IFS officer of the Haryana cadre, was suspended during pending disciplinary proceedings. He challenged the suspension order before the Central Administrative Tribunal, arguing that the order did not state that the Governor of Haryana was satisfied that suspension was necessary or desirable, as requir…
J. CHANDRASEKHARA RAOversusV. JAGAPATHI RAO AND NINE OTHERS
1992 INSC 35318 December 1992Dismissed
J. Chandrasekhara Rao challenged the election of V. Jagapathi Rao, who won by 427 votes, on the ground that the nomination of a second candidate, who was under 25 and thus ineligible, had been improperly accepted. The petitioner argued that the 9,568 votes obtained by the ineligible candidate (more than 22 times the ma…
JAI SINGH DALAL AND ORS.versusSTATE OF HARYANA AND ANR.
1992 INSC 35418 December 1992Dismissed
The appellants, members of the Haryana Civil Service, sought appointment through a special recruitment process initiated under Rule 5 of the Punjab Civil Services (Executive Branch) Rules, 1930. The State Government first issued notifications on 20 December 1990 and 25 January 1991 specifying eligibility criteria, but …
AMERICAN EXPRESS BANK LTD.versusCALCUTTA STEEL CO. AND ORS.
1992 INSC 35518 December 1992Appeal(s) allowed
The Calcutta Steel Co. (CSC) obtained a licence to import steel billets and, to reduce the end‑user's financial burden, opened an irrevocable Letter of Credit directly with the foreign supplier, though the name of the canalising agency MMTC was shown for exchange‑control purposes. Bills of exchange were drawn on "MMTC …
LT. GENERAL R.K. ANANDversusUNION OF INDIA AND ANR.
1991 INSC 34418 December 1991Dismissed
Lt. Gen. R.K. Anand retired at age 57 under a Departmental letter dated 9 September 1986, which introduced a two‑stream concept for Lt. Generals, assigning a lower retirement age to the 'Staff only' stream. He challenged the retirement, claiming the earlier letter of 9 May 1985, which fixed the retirement age at 58 for…
UNION OF INDIAversusMHATHUNG KITHAN AND ORS.
1996 INSC 107418 September 1996Appeal(s) allowed
Respondent No.1, an IAS officer from Nagaland, was allocated to the Haryana cadre under the 30‑point roster that earmarked the two available Nagaland vacancies for outsiders. He challenged the allocation before the Central Administrative Tribunal, which ordered his transfer to the Nagaland cadre. The Union appealed, ar…
MOHAMMAD MAHIBULLA AND ANRversusSETH CHAMAN LAL (DEAD) BY LRS. AND ORS.
1991 INSC 24218 September 1991Appeal(s) allowed
The Wakf Board filed a suit for declaration of a right of passage, which was dismissed by the trial court, leading it to file a title appeal before the District Judge. Although an exemption allowed a nominal court fee of Rs.15 on the plaint, the memorandum of appeal required a fee of Rs.638, of which only Rs.15 was pai…
MAHARASHTRA STATE FINANCIAL CORPORATIONversusMIS. SUVARNA BOARD MILL AND ANR.
1994 INSC 33318 August 1994
The Maharashtra State Financial Corporation (appellant) granted a bridge loan of Rs. 3 lakh to Mis. Suvarna Board Mills (respondent), which defaulted and accrued arrears of about Rs. 25 lakh. On 7 January 1992 the corporation issued a notice under Section 29 of the State Financial Corporation Act demanding payment by 2…
AIR INDIAversusUNION OF INDIA AND OTHERS
1995 INSC 40218 July 1995Dismissed
Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment (Standing Orders) Act, 1946…
ASSISTANT COMMISSIONER OF INCOME TAXversusAK. MENON AND ORS.
1995 INSC 40318 July 1995Appeal(s) allowed
The Assistant Commissioner of Income Tax sought the release of tax liabilities amounting to Rs. 80,80,198.34 of several notified persons from funds held by a Custodian under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The Special Court ordered that the notified persons could …
ACTION COMMITTEE ON ISSUE OF CASTE CERTIFICATE TO SCHEDULED CASTES AND SCHEDULED TRIBES IN THE STATE OF MAHARASHTRAversusUNION OF INDIA AND ANR.
1994 INSC 26218 July 1994Dismissed
The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the spirit of Articles …
RAJENDRA AND TWO OTHERSversusSTATE OF MADHYA PRADESH
1991 INSC 15818 July 1991Disposed off
The appellants, three brothers running a shop, were prosecuted under the Prevention of Food Adulteration Act, 1954 for selling tea dust that was found adulterated by the Public Analyst. The trial magistrate acquitted them, holding that the Public Analyst had not sent the report within 45 days as required by Rule 7(3) a…
FEDERATION OF DIRECTLY APPOINTED OFFICERS OF INDIAN RAILWAY.ANO OL'HERS EJC. ETC.versusUNION OF INDIA AND ORS.
1993 INSC 22018 June 1993Dismissed
The Federation of Directly Appointed Officers of Indian Railways filed writ petitions and civil appeals seeking equal seniority, pay and status for temporary Assistant Engineers who had been absorbed into the Indian Railway Service of Engineers (Class‑I). The respondents argued that the matter had already been decided …
L. CHANDRA KUMAR ETC. ETC.versusTHE UNION OF INDIA AND ORS. ETC. ETC.
1997 INSC 28818 March 1997Disposed off
The seven‑Judge Constitution Bench examined the constitutional validity of sub‑clause (d) of Article 323A and Article 323B, which sought to exclude the jurisdiction of all courts except the Supreme Court under Article 136, and Section 28 of the Administrative Tribunals Act, 1985, which attempted a similar exclusion of …
K.T. HUCHEGOWDAversusDEPUTY COMMISSIONER AND ORS.
1994 INSC 12018 March 1994Disposed off
The father of the third respondent was granted four acres of land by the Karnataka Government in 1957 with a condition that it could not be alienated for fifteen years. He illegally transferred two acres to Ismail Saheb in 1965, who later sold the land to the appellant in 1979, before the Karnataka Scheduled Castes and…
PADMABEN SHAMALBHAI PATELversusSTATE OF GUJARAT
1991 INSC 918 January 1991Dismissed
The victim, Gangaben, suffered 90% burns after kerosene was poured on her and, while being treated, made dying declarations to two doctors naming Padma Patel, her husband's sister, as her tormentor. The Sessions Court acquitted Patel, doubting the victim's mental fitness and the possibility of tutoring, but the Gujarat…
STATE OF MAHARASHTRAversusCHANDRAPRAKASH KEWAL CHAND JAIN
1990 INSC 1418 January 1990Appeal(s) allowed
The respondent, a Sub‑Inspector of police, was convicted of raping a 19‑year‑old woman, Shamimbanu, by the trial court. The High Court acquitted him, holding that the victim’s testimony required corroboration in material particulars and that medical evidence was inconsistent. The State appealed. The Supreme Court held …
MANAGEMENT OF NILPUR TEA ESTATEversusSTATE OF ASSAM AND ORS.
1995 INSC 75217 November 1995Appeal(s) allowed
The Management of Nilpur Tea Estate terminated the services of an employee on 1 February 1982 following a charge-sheet and domestic enquiry. The Labour Court set aside that termination and ordered reinstatement, a decision upheld by the High Court. While the reinstatement was pending, the employer again terminated the …
AA. HAJA MUNIUDDINversusINDIAN RAILWAYS
1992 INSC 31817 November 1992Appeal(s) allowed
The appellant dispatched marble slabs by rail, which were damaged in an accident, and filed a claim for Rs.1,05,000 before the Railway Claims Tribunal. The Tribunal required a filing fee of Rs.2,055 under Section 16(2) of the Railway Claims Tribunal Act, 1987, but the appellant could not pay and requested to be treated…
UNION OF INDIA & ORS.versusSHAIK ALI
1989 INSC 31017 October 1989Dismissed
Shaik Ali, a Class III railway employee, was suspended after a confrontation with a Divisional Safety Officer and subsequently ordered to retire prematurely under Rule 2046(h)(ii) of the Indian Railway Establishment Code, despite not having reached the required age of 55. The Central Administrative Tribunal set aside t…
KAMLESHKUMAR ISHWARDAS PATEL ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.
1995 INSC 26217 April 1995
The Supreme Court examined whether an officer specially empowered under the COFEPOSA Act or the PIT NDPS Act to make a preventive detention order is required to consider the detainee's representation against that order. It held that the officer who makes the order is the detaining authority and must afford the detainee…
UNION OF INDIAversusP.N. MENON AND ORS.
1994 INSC 11817 March 1994Appeal(s) allowed
The Union of India appealed against a High Court order that had upheld a writ petition filed by retired government servants (P.N. Menon and others) who argued that Office Memorandum No. F‑19(4)‑E.V./79 of 25 May 1979, which treated a portion of dearness allowance as "dearness pay" for pension and gratuity calculations,…
INDIAN COUNCIL OF LEGAL AID AND ADVICE, ETC. ETC.versusBAR COUNCIL OF INDIA AND ANR.
1995 INSC 4117 January 1995Case Allowed
The Supreme Court examined writ petitions challenging Bar Council of India's Rule 9, which barred persons aged 45 years or more from enrolment as advocates. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of the Constitution and was inconsistent with Section 24 of the Advocates Act, 1961, whi…
RAM DEO BHANDARI AND ORS. ETC. ETC.versusELECTION COMMISSION OF INDIA AND ORS. ETC. ETC.
1995 INSC 4217 January 1995Disposed off
The Supreme Court considered writ petitions filed under Article 32 challenging a press note issued by the Election Commission that elections in Bihar and Orissa would not be held unless photo identity cards were supplied to all eligible voters. The Commission had earlier directed states, under Rule 28 of the Registrati…
U.P. PUBLIC SERVICE COMMISSION, UTTAR PRADESH, ALLAHABAD AND ANR.versusALPANA
1994 INSC 1117 January 1994Appeal(s) allowed
The Uttar Pradesh Public Service Commission advertised for the post of Munsif, requiring candidates to possess a law degree by the application deadline of 20 August 1988. Alpana applied stating she was awaiting her law degree result, which was declared only in October 1988. The Commission allowed her to sit the written…
M. L. KAMRAversusCHAIRMAN-CUM-MANAGING DIRECTOR, NEW INDIA ASSURANCE CO. LTD. AND ANR.
1992 INSC 1317 January 1992Appeal(s) allowed
M.L. Kamra, a Divisional Manager, was transferred to New India Assurance Co. Ltd. after the nationalisation of general insurance under the General Insurance (Emergency Provisions) Ordinance, 1971 and the General Insurance Act, 1972. He was suspended in 1973 pending an embezzlement investigation and, while the investiga…
ASHWANI KUMAR AND ORS. ETC.versusSTATE OF BIHAR AND ORS.
1996 INSC 148716 December 1996Dismissed
The Bihar government’s Tuberculosis Eradication Scheme, part of the 20‑Point Programme, required recruitment for 2,250 Class III and IV posts. Deputy Director Dr. A.A. Mallick, as Chairman of the Selection Committee, appointed about 6,000 persons without written orders, exceeding the sanctioned vacancies and without bu…
SH. P.K. SARIN AND ANR. ETC. ETCversusSTATE OF U.PAND ORS ETC.
1994 INSC 61816 December 1994Dismissed
The petitioners, members of the Uttar Pradesh Civil Service (Judicial Branch), challenged two 1975 notifications issued by the Governor under Article 237 of the Constitution which transformed the Uttar Pradesh Judicial Officers Service into a separate judicial service and made its members eligible for promotion only to…
CRESCENT DYES AND CHEMICALS LTD.versusRAM NARESH TRIPATHI
1992 INSC 34316 December 1992Appeal(s) allowed
Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union operating in the company a…
SIMRANJIT SINGH MANNversusUNION OF INDIA AND ANR.
1992 INSC 25116 September 1992Dismissed
In the General Vaidya murder case two accused were convicted of murder and sentenced to death. The convicts did not appeal, and the Supreme Court was hearing a reference for confirmation of the death sentence. Simranjit Singh Mann, President of a political party, filed a writ petition under Article 32 alleging violatio…
GOPAL KRISHNA SHARMA AND ORS. ETC.versusSTATE OF RAJASTHAN AND ORS.
1992 INSC 24816 September 1992Disposed off
The Sukhadia University in Rajasthan refused to place its Research Assistants and Research Associates on the revised University Grants Commission (UGC) pay scale of Rs 700‑1600, despite the university having implemented the same scale for other teaching staff. The petitioners, who were Research Assistants/Associates, a…
CAPTAIN VIRENDER KUMARversusUNION OF INDIA AND ORS.
1993 INSC 26316 August 1993Dismissed
Captain V. Kumar, an advocate, filed a public interest petition before the Supreme Court alleging the need to cleanse the judiciary and seeking suo motu contempt action against the Registry. The Court observed that the petition was drafted in undignified language, contained unwarranted adjectives, and the petitioner be…
MOHAMMED ANISversusUNION OF INDIA AND ORS.
1993 INSC 24016 July 1993Dismissed
In 1991 an incident in Pilibhit, Uttar Pradesh, resulted in ten deaths and was reported as police‑militant encounters, prompting allegations of police involvement. A writ petition under Article 32 was filed seeking a CBI investigation, and the Supreme Court ordered the CBI to investigate, emphasizing public interest an…
G.S. VENKAT AND ORS. ETC. ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.
1993 INSC 23916 July 1993Disposed off
The State of Andhra Pradesh, barred from direct recruitment by a 1970 ban, filled engineering vacancies by temporary appointments under Rule 10(a)(i)(1) and later regularised many of these employees through G.O. No. 647 (1979). Supervisors who obtained engineering degrees were redesignated as Junior Engineers and sough…
GURMEJ SINGH AND ORS.versusSTATE OF PUNJAB
1991 INSC 15416 July 1991Dismissed
Gurmej Singh, Gian Singh and Bur Singh were convicted of murdering Harnam Singh, a neighbour, based on the testimony of two close relatives who identified the accused under the light of a tubewell lamp. The defence argued that a third eye‑witness, Narain Singh, who was sleeping near the victim, was not examined and tha…
KHUJJI@SURENDRA TIWARIversusTHE STATE OF MADHYA PRADESH
1991 INSC 15316 July 1991Dismissed
Khujji @ Surendra Tiwari was convicted of murder under Section 302 IPC and sentenced to life imprisonment. The prosecution relied on three eye‑witnesses, discovery of a blood‑stained weapon and the appellant's blood‑stained pant. Two witnesses (PW‑3 and PW‑4) were declared hostile because they could not identify the as…
CHOLAMANDALAM INVESTMENTS AND FINANCE CO. PVT. LTD.versusRADHIKA SYNTHETICS AND ANR.
1996 INSC 7316 January 1996Disposed off
Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming damages, relying on a …
S. CHINNAPPA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1996 INSC 7616 January 1996Appeal(s) allowed
The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in 1975 and later regu…
STATE OF MAHARASHTRAversusANAND CHINTAMAN DIGHE
1990 INSC 1116 January 1990Appeal(s) allowed
The respondent, A.C. Dighe, a district chief of the Shiv Sena party, was arrested for the murder of a corporator and charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code. The designated court in Pune granted him bail while the investigation wa…
BALAJI RAGHAVAN S.P. ANANDversusUNION OF INDIA
1995 INSC 90015 December 1995Disposed off
The Supreme Court examined two public‑interest petitions seeking to restrain the Union of India from conferring the Bharat Ratna and Padma awards, arguing that such awards constitute prohibited "titles" under Article 18(1) of the Constitution. The Court held that the framers intended to abolish hereditary or honorific …
VIJAYALAXMI CASHEW COMPANY AND ORS.versusTHE DEPUTY COMMERCIAL TAX OFFICER AND ANR.
1995 INSC 90115 December 1995Dismissed
Vijayalaxmi Cashew Company purchased raw cashew nuts, processed them to extract oil and kernels, and exported the kernels. The Deputy Commercial Tax Officer levied State sales tax on the penultimate purchase of raw nuts, contending that the kernels were not the same goods as the raw nuts. The appellants argued that und…
STA TE OF WEST BENGAL ETC.versusTERRA FIRMA INVESTMENT AND TRADING PVT. LTD.
1994 INSC 51815 November 1994
The State of West Bengal and the Calcutta Municipal Corporation appealed against a Calcutta High Court decision that held the Calcutta Municipal Corporation (Amendment) Act, 1990 unconstitutional for imposing a one‑year ban on applications for high‑rise building plans. The Act introduced Section 398A, which barred any …
ASLAM BABALAL DESAIversusSTATE OF MAHARASHTRA
1992 INSC 24515 September 1992
The appellant was arrested for offences under Sections 147, 148, 302 and 323 read with 149 IPC and, after the investigating agency failed to file a charge‑sheet within the 90‑day period prescribed by the proviso to Section 167(2) of the CrPC, the Sessions Judge released him on bail. After the charge‑sheet was later fil…
STATE OF MAHARASHTRA ETC. ETC.versusSUKHDEO SINGH AND ANR. ETC .. ETC.
1992 INSC 17315 July 1992Disposed off
The State of Maharashtra prosecuted Sukhdev Singh (Accused No.1) and Harjinder Singh Jinda (Accused No.5) for the murder of retired General Vaidya under the IPC and TADA. The trial court convicted both of murder (IPC ss.302, 307, 34) and sentenced them to death, relying on eyewitness identification, statements under se…
LILABEN UDESING GOHEL ETC. ETC.versusTHE ORIENTAL INSURANCE CO. LTD. AND ORS. ETC. ETC.
1996 INSC 39115 March 1996Case Allowed
The Supreme Court examined the validity of the Gujarat High Court Full Bench's guidelines in Kamlaben v. Oriental Insurance, which required a ten‑year waiting period and periodic payments by the insurer for motor accident compensation. The Court held that these guidelines conflicted with the Supreme Court’s earlier dir…
V.M. GADREversusM.G. DIWAN
1996 INSC 38915 March 1996
The petitioners, former employees of the Oriental Government Security Life Assurance Company, sought a revision of their pension and dearness allowance under the Oriental Pension Fund now managed by LIC, arguing that the existing minimum pension of Rs.375 was inadequate. LIC contended that the pension fund was a contra…
DARYAO SINGHversusSTATE OF MADHYA PRADESH
1991 INSC 4515 February 1991Dismissed
Daryao Singh was convicted under Sections 302 and 34 of the IPC for the murder of Nagji, stemming from a long‑standing family feud. The trial court acquitted him, deeming the testimony of the deceased’s relatives uncorroborated, but the Madhya Pradesh High Court reversed that decision, finding the witnesses’ accounts c…
T.V. NATARAJ AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1993 INSC 39014 December 1993Dismissed
The appellants, holders of inter‑state stage‑carriage permits between Karnataka and Tamil Nadu, had their permits cancelled after the Anekal Pocket Scheme of 1959 was notified under Section 68‑C of the Motor Vehicles Act, 1939, which excluded private operators from certain routes. They contended that the scheme, being …
UNION OF INDIA AND ANR.versusAMRIK SINGH AND ORS.
1993 INSC 33314 October 1993Appeal(s) allowed
The Supreme Court examined whether the administrative instructions issued by the Comptroller and Auditor General (CAG) on 21 March 1978, which prescribed a minimum period of service for Section Officers to be eligible for promotion to Accounts Officer, were inconsistent with the Indian Audit & Accounts Department Recru…
KAMARUNNISSA ETC. ETC.versusUNION OF INDIA AND ORS.
1990 INSC 28214 September 1990Dismissed
The wives of three men detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) challenged the validity of the detention orders, arguing that the men were already in custody, that the grounds described the offence as "bailable" indicating non‑application of mind, t…
STATE OF ANDHRA PRADESHversusDR. M.V. RAMANA REDDY AND ORS.
1991 INSC 19514 August 1991Case Partly allowed
The State appealed the High Court's acquittal of three accused in the murder of trade‑unionist lawyer Ram Subba Reddy. The Supreme Court examined whether the daughter’s (PW 1) testimony was reliable despite allegations of self‑inflicted injuries, the delay in the identification parade, and the absence of her statement …
T.N. SESHAN, CHIEF ELECTION COMMISSIONER OF INDIA ETC.versusUNION OF INDIA AND OTHERS
1995 INSC 39814 July 1995Dismissed
The case concerned the constitutional validity of the 1993 Ordinance (later Act No. 4 of 1994) that amended the Chief Election Commissioner and other Election Commissioners (Condition of Service) Act, 1991 by fixing the number of Election Commissioners at two and inserting provisions on how the Commission would transac…
HARBANS LALversusCOLLECTOR OF CENTRAL EXCISE & CUSTOMS, CHANDIGARH
1993 INSC 23014 July 1993Dismissed
Harbans Lal was arrested in March 1970 and a large quantity of gold and currency was seized under Section 110 of the Customs Act, 1962. The Collector extended the six‑month seizure period by another six months through an ex‑parte order without giving the appellant notice or a hearing, and later issued a show‑cause noti…
JAIN EXPORTS PVT. LTD. AND ANR.versusUNION OF INDIA AND ORS.
1993 INSC 22714 July 1993Dismissed
The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs Collector ordered conf…
D.V. BAKSHIversusUNION OF INDIA AND ORS.
1993 INSC 23614 July 1993Dismissed
The petitioners, who held temporary licences as Customs House Agents, were denied regular licences after failing to pass the written and oral examinations prescribed under the Customs House Agents Licensing Regulations, 1984. They challenged (i) the interpretation of Regulations 8 and 9, arguing that candidates who cle…
UNION OF INDIA AND ANR.versusBRIJ FERTILIZERS PVT. LTD.
1993 INSC 20614 May 1993Dismissed
The respondents, small‑scale manufacturers of single super‑phosphate (SSP) fertilizer, were entitled to a government subsidy provided they met the standards prescribed in the Fertilizer (Control) Order, 1985 under the Essential Commodities Act, 1955. The Government of Madhya Pradesh commissioned Project Development Ind…
R.K.JAINversusUNION OF INDIA AND ORS.
1993 INSC 20414 May 1993Disposed off
The petitioners, led by R.K. Jain, sought the immediate appointment of a senior High Court judge as President of the Customs, Excise and Gold Control Appellate Tribunal (CEGAT) and an enquiry into alleged mal‑functioning. The government appointed Harish Chander, a senior vice‑president of the Tribunal, as President, pr…
GOUTAM KUNDUversusSTTE OF WEST BENGAL AND ANR.
1993 INSC 21414 May 1993Dismissed
Goutam Kundu, husband of the second respondent, was ordered to pay maintenance under s.125 CrPC to his wife and their child. He contested the child's paternity and applied for a blood‑group test of the wife and child, arguing that proof of non‑paternity would relieve him of the maintenance liability. The trial court di…
BHUPENDRA SINGH AND ORS.versusSTATE OF UTTAR PRADESH
1991 INSC 7414 March 1991Appeal(s) allowed
On 25 April 1972, a political dispute in Padaria Tula, Uttar Pradesh, led Bhupendra Singh (appellant No.1) and his supporters to fire at Gajendra Singh, who later died. The trial court acquitted all accused, but the Allahabad High Court convicted Bhupendra Singh under section 302 IPC for murder and others under section…
K. NAGAMALLESWARA RAO AND ORS.versusSTATE OF ANDHRA PRADESH
1991 INSC 7614 March 1991Appeal(s) allowed
The case concerned fifteen accused persons charged with the murder of Appikatla Tataiah. Four of them (A‑1, A‑2, A‑5 and A‑11) were convicted under section 302 read with section 149 of the IPC, while the remaining eleven were acquitted. The central issue was whether section 149 IPC could be invoked to sustain the murde…
STATE OF U.P. AND ANR.versusGIRISH BIHARI AND ORS.
1997 INSC 14114 February 1997Appeal(s) allowed
Dr. Girish Bihari, an IPS officer, was due to retire on 31 March 1996. The Governor of Uttar Pradesh ordered, on 20 March 1996, an extension of his service for six months under Rule 16 of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. On 23 March 1996, the Governor cancelled that extension order un…
OM PRAKASH POPLAI, RAJESH KUMAR MAHESHWARI AND ORS. ETC.versusDELHI STOCK EXCHANGE ASSOCIATION LTD. AND ORS./UNION OF INDIA AND ORS. ETC.
1994 INSC 1014 January 1994
The Delhi Stock Exchange sought to increase its membership by 250, half through a public issue of shares and half by diluting existing shareholdings, subject to a higher non‑refundable deposit for public‑issue applicants. The Central Government approved the scheme, and an Expert Committee was constituted to select the …
YASHWANT SINGH KOTHARI ETC. ETC.versusSTATE BANK OF INDORE AND ORS.
1993 INSC 1714 January 1993Dismissed
The appellants, former employees of Bank of Indore Limited who were transferred to the State Bank of Indore under the State Bank of India (Subsidiary Banks) Act, 1959, were retired after completing 30 years of service, before reaching the statutory retirement age of 58 prescribed in Section 11(1) of the Act. They chall…
STATE OF U.P.versusASHOK KUMAR SRIVASTAVA
1992 INSC 614 January 1992Appeal(s) allowed
The State of Uttar Pradesh prosecuted Ashok Kumar Srivastava, his father Rajendra Lal and sister Sudha for the murder of Meera Srivastava, alleging they set her ablaze over a dowry dispute. The trial court convicted them under Sections 302 and 34 IPC based on the testimony of neighbours (PW1, PW4, PW3) and circumstanti…
SH. SUBASH CHANDRA VERMA AND ORS. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.
1994 INSC 60113 December 1994Appeal(s) allowed
The Bihar Public Service Commission (BPSC) conducted a screening test and viva voce for 195 Ayurvedic Medical Officer vacancies. Several unsuccessful candidates challenged the process alleging question paper leakage, evaluation by unqualified staff, vague questions with multiple answers, lack of expert participation in…
M/S SUBHASH AGGRAWAL AGENCIESversusM/S BHILWARA SYNTHETICS LTD. AND ORS.
1994 INSC 59713 December 1994Appeal(s) allowed
Mis Subhash Aggarwal Agencies (appellant) and Mis Bhilwara Synthetics Ltd. (respondent) were members of the Delhi Hindustani Mercantile Association. The appellant claimed Rs 4,51,246.50 and the dispute was referred to a sole arbitrator who, following a High Court direction dated 20‑Nov‑1981, gave a reasoned award on 19…
A. WATI AOversusTHE STATE OF MANIPUR
1995 INSC 62113 October 1995Dismissed
The appellant, a senior IAS officer, was convicted under IPC 120‑B read with Section 5(1)(d) of the Prevention of Corruption Act for conspiring to award a contract to a black‑listed firm at exorbitant rates. The trial court imposed a fine of Rs 10,000 and imprisonment till the rising of the court; the High Court dismis…
CHINNAMMAversusGOPALAN AND ORS.
1995 INSC 62013 October 1995Appeal(s) allowed
The tenant, Chinnamma, occupied a residential premises under a lease from Gopalan and fell into rent arrears from June 1975. After a statutory notice, the landlord sought eviction under sections 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Controller ordered eviction under section …
KESHUB MAHINDRAversusSTATE OF M.P.
1996 INSC 105313 September 1996Appeal(s) allowed
The Supreme Court examined the criminal proceedings arising from the 1984 Bhopal gas tragedy, where a leak of methyl isocyanate (MIC) from a Union Carbide India Ltd plant caused thousands of deaths and injuries. Twelve individuals, including Keshub Mahindra and other senior officials, were charged under IPC sections 30…
P.N. VEETI NARAYANIversusPATHUMMA BEEVL AND ANOTHER
1990 INSC 27913 September 1990Dismissed
The appellant sought to enforce a decree for Rs.56,769.80 against the estate of the deceased Muslim debtor Vellappa Rawther. The High Court had reduced the decree to one‑fourth, holding that the debt was divided among the heirs according to Muslim Personal Law and that the acknowledgment and partial payment made by def…
SHYAM NANDAN PRASAD AND ORS.versusSTATE OF BIHAR AND ORS.
1993 INSC 26213 August 1993Appeal(s) allowed
The Bihar Finance Service House Construction Cooperative Society, a cooperative society of land‑less members, applied to the State Government for acquisition of 59.95 acres to provide housing. The Government issued a Section 4 notification, entertained objections under Section 5A, and then declared acquisition under Se…
PRITHVICHAND RAM CHAND SABLOKversusS.Y. SHINDE
1993 INSC 19913 May 1993Appeal(s) allowed
The landlord filed an eviction suit under Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which was settled by a compromise decree granting the tenant a grace period to pay arrears and vacate by 10 October 1970, with a concession that the landlord would not execute the decree if the …
RATAN CHANDRA SAMMANTA AND ORS.versusUNION OF INDIA AND ORS.
1993 INSC 20113 May 1993Dismissed
The petitioners, former casual labourers of the South Eastern Railway appointed between 1964‑69 and retrenched between 1975‑78, sought inclusion in the live casual labour register and re‑employment according to seniority, also requesting that vacancies not be filled from the open market. They relied on Railway Board ci…
PANDURONGA TIMBLO INDUSTRIES ETC. ETCversusUNION OF INDIA AND ORS.
1992 INSC 7913 March 1992Dismissed
The appellants challenged the constitutional validity of the Goa, Daman and Diu Barge Tax Act, 1973, arguing that a 'barge' is not a 'boat' within the meaning of Entry 58, List II of the Seventh Schedule, which permits states to tax 'animals and boats'. They contended that the term 'boat' should be limited to vessels p…
R. BANERJEE AND ORS.versusH.D. DUBEY AND ORS
1992 INSC 8013 March 1992Appeal(s) allowed
A food inspector seized samples of orange drink and vanaspati ghee from the godowns of Lipton India Ltd and Hindustan Lever Ltd and, after a public analyst’s report, found them adulterated and mis‑branded. Complaints were filed under sections 7 and 16 read with section 17 of the Prevention of Food Adulteration Act, 195…
SAUDAN SINGH AND ORS. ETC.versusN.D.M.C. AND ORS. ETC.
1992 INSC 7613 March 1992Disposed off
The Supreme Court considered numerous writ petitions filed under Article 32 and special leave petitions under Article 136 by pavement hawkers and squatters alleging that the New Delhi Municipal Committee (NDMC) and the Municipal Corporation of Delhi (MCD) violated their fundamental right to carry on trade under Article…
UNION OF INDIA AND ANR. ETC. ETC.versusA. SANYASI RAO AND ORS. ETC. ETC.
1996 INSC 23513 February 1996Disposed off
The Supreme Court examined the validity of Sections 44AC and 206C of the Income‑Tax Act, 1961, which allow tax to be levied on a presumptive basis on traders of specified goods. Petitioners argued that the provisions were ultra‑violes, beyond Parliament’s competence under Schedule VII, Entry 82, and violated Articles …
M/S. CHANDRAPUR MAGNET WIRES (P) LTD., NAGPURversusCOLLECTOR OF CENTRAL EXCISE, CENTRAL EXCISE COLLECTORATE,NAGPUR
1995 INSC 87912 December 1995Appeal(s) allowed
M/s Chandrapur Magnet Wires (P) Ltd manufactured enamelled copper winding wires using duty‑paid copper wire bars. Certain final products were exempt from excise duty under Notification 69/86‑CE (as amended by 106/88), which required that no credit be taken on the inputs under Rule 57A of the Central Excise Rules. The a…
UNION OF INDIAversusTHE SPECIAL TEHSILDAR (ZA) AND ORS.
1995 INSC 71912 November 1995Disposed off
The Department of Space (Union of India) sought land in Tamil Nadu for a rocket‑launching station under a notification issued pursuant to Article 258(1) of the Constitution. After the Land Acquisition Officers awarded compensation, owners obtained a reference under Section 18 of the Land Acquisition Act, 1894, and the …
K.C.P. LIMITEDversusTHE PRESIDING OFFICER AND ORS.
1996 INSC 104212 September 1996Appeal(s) allowed
K.C.P. Ltd. dismissed 29 workmen after disciplinary action during a strike. The recognised trade union (respondent No.2) raised an industrial dispute under Section 2(k) of the Industrial Disputes Act on behalf of all 29 workmen and later entered into a settlement under Section 18(1) offering either reinstatement withou…
D.K. SAHNIversusMANAGING DIRECTOR, MANGANESE ORE INDIA LTD. AND ORS.
1992 INSC 20212 August 1992Disposed off
The appellant, D.K. Sahni, joined Manganese Ore (India) Ltd. in 1966 and was promoted to Chief Mining Engineer in 1980, later to Deputy General Manager and General Manager (T). Superseded officers challenged his promotions, arguing he lacked the educational qualifications prescribed for the Chief Mining Engineer post. …
STATE OF HARYANA AND ORS. ETC.ETC.versusPIARA SINGH AND ORS. ETC. ETC.
1992 INSC 20112 August 1992Disposed off
The Supreme Court heard appeals by the States of Punjab and Haryana against a Punjab‑Haryana High Court judgment that ordered the regularisation of large numbers of ad‑hoc, temporary, work‑charged, daily‑wage and casual labour employees. The petitioners argued that the High Court had exceeded its jurisdiction by amendi…
BARAUNI REFINERY PRAGATISHEEL SHRAMIK PARISHAD AND OTHERSversusINDIAN OIL CORPORATION LIMITED AND OTHERS
1990 INSC 19912 July 1990Dismissed
The case concerned two trade unions of Barauni Refinery seeking to raise the superannuation age from 58 to 60 years by modifying Clause 20 of the certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1948. A general settlement (May 24 1983) and a specific memorandum of settlement (August 4 19…
SARWAN SINGH LAMBA AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS.
1995 INSC 37012 May 1995Appeal(s) allowed
The Supreme Court examined the appointments of the Vice‑Chairman and four members of the Madhya Pradesh State Administrative Tribunal, which had been challenged by three police inspectors through a public‑interest litigation. The High Court had quashed the appointments, holding that the procedure violated the direction…