Created byFuzzy Cloud

Supreme Court of India

B L HANSARIA

327 judgments delivered by benches including this judge — showing 1–200.

BUFFALO TRADERS WELFARE ASSOCIATION AND ANOTHERversusMANEKA GANDHI AND ORS.

1996 INSC 142030 November 1996Disposed off

The Supreme Court considered two interlocutory applications concerning the Idgah Slaughter House in Delhi, which had been declared a hazardous/noxious industry and ordered to cease operations by 30 November 1996. The petitioners sought to set aside the July 8, 1996 order (IA No. 22) that modified a prior status‑quo ord

SMT. YASHOMATJ HARSUKHLAL LATHIA AND ORS.versusSAURASHTRA KUTCH STOCK EXCHANGE AND ORS.

1995 INSC 64030 October 1995Appeal(s) allowed

Sm. Yashomati Harsukh Lal Lathia, having passed Matric which is treated as the 11th standard in Gujarat's Saurashtra region, applied for membership of the Saurashtra‑Kutch Stock Exchange but was rejected for not possessing a 12th standard qualification. The issue before the Court was whether the amendment to the Sauras

BHATTAD LEASING AND FINANCE CO. LTD.versusMR. NUSLI NEVILLE WADIA AND ORS.

1995 INSC 64130 October 1995Dismissed

Bhattad Leasing and Finance Co. Ltd. appealed to the Supreme Court against a contempt proceeding initiated by the Bombay High Court against Mr. N. Neville Wadia and others. The High Court had alleged that respondents 5, 6 and 7 violated a status‑quo order dated 30 May 1994, while respondents 1‑4 were also implicated. T

THE STATE OF PUNJAB AND ANR.versusJAGIR SINGH ETC.

1995 INSC 64430 October 1995Appeal(s) allowed

The State of Punjab appealed against a High Court order that, while confirming the Collector's award of compensation for land acquisition, also granted additional statutory benefits under the Land Acquisition (Amendment) Act, 1984. The Supreme Court held that a court can award the extra amounts under Sections 23(1‑A),

STATE OF KARNATAKAversusMALLINATH AND ORS.

1995 INSC 64530 October 1995Appeal(s) allowed

The State of Karnataka appealed against the award made by the Collector in a land acquisition proceeding involving Mallinath and others. The issue was whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by the Land Acquisition (Amendment) Act 68 of 1984, which provides for additional compensation, cou

DEOKINANDAN AND ORS.versusSURAJPAL AND ORS.

1995 INSC 64630 October 1995Appeal(s) allowed

In a civil suit concerning 0.7 acres of land covered by the U.P. Zamindari Abolition and Land Reforms Act, 1951, the defendant objected that the suit was barred under Section 331 of the Act. The trial court and the appellate court rejected the objection, and the High Court dismissed the second appeal in limine. The def

PROPRIETOR, M/S. JABALPUR TRACTORSversusSEDMAL JAINARAIN AND ANR.

1995 INSC 64730 October 1995Appeal(s) allowed

The proprietor of Mis. Jabalpur Tractors claimed garage charges of Rs. 18,000 against Sedmal Jainarain and another. The same dispute was already pending before the District Court (C.S. No. 49‑B/1990). The State Consumer Forum held the claim could not be entertained as it was sub‑judice, but the National Consumer Disput

COMMISSIONER, SALEM MUNICIPALITYversusT. KURALMANI AND ANR.

1995 INSC 64830 October 1995Appeal(s) allowed

The Commissioner of Salem Municipality appealed to the Supreme Court against an order of the Tamil Nadu Administrative Tribunal that had summarily disposed of the matter without hearing the rival contentions. The Supreme Court held that the Tribunal was not justified in such summary disposal, as the competing claims re

NANDKUMAR NARAYANRAO GHODMAREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 64930 October 1995Appeal(s) allowed

The appellant, a colour‑blind candidate, was selected by the Public Service Commission for the post of Agricultural Officer (Class II) but was not appointed because of his visual handicap. The appellant challenged the refusal before the Maharashtra Administrative Tribunal, which dismissed his claim, leading him to file

MUNICIPAL CORPORATION OF DELHIversusDY. COMMISSIONER OF POLICE (LICENCING) AND ANR.

1994 INSC 42630 September 1994Disposed off

The Supreme Court considered an appeal by the Municipal Corporation of Delhi (MCD) against the Dy. Commissioner of Police (Licensing) and others concerning the construction of a cinema building. The issue arose after an amendment to the Delhi Cinematograph Rules, 1981, which replaced the MCD with the Delhi Development

STATE OF HIMACHAL PRADESHversusNIKKU RAM AND ORS.

1995 INSC 51930 August 1995Case Partly allowed

The deceased Roshani was married in 1985 and, five to six months later, her husband, mother‑in‑law and sister‑in‑law allegedly demanded additional dowry items such as a television, fan and buffalo. The mother‑in‑law allegedly inflicted a wound with a sickle; the deceased later ingested naphthalene balls and died of poi

STATE OF PUNJABversusPRITAM SINGH ETC. ETC.

1995 INSC 52030 August 1995Dismissed

The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & Haryana High Court reduc

REV. FR. M.S. POULOSEversusVARGHESE AND ORS.

1995 INSC 23230 March 1995Appeal(s) allowed

Ithara and his wife Annam, owners of 7 acres and odd land, executed a deed on 5 March 1966 giving 70 cents of land absolutely to Sosa in gratitude for her service, while reserving for themselves the right to live in the building, enjoy all income, and alienate or mortgage the remaining property during their lifetimes.

DR. KM. SUMAN AGARWALversusTHE VICE CHANCELLOR AND ORS.

1995 INSC 80729 November 1995Disposed off

The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the right to act as Direct

FOOD CORPORATION OF INDIAversusF.C.I. DEPUTATIONIST ASSOCIATION AND ORS.

1996 INSC 96529 August 1996Dismissed

The Food Corporation of India (FCI) had taken several Sub‑Inspectors of the West Bengal Government on deputation and assigned them to the duties of Assistant Grade‑II for more than eighteen years. When the deputationists were to be absorbed into FCI's regular service, the corporation’s circular proposed their fitment i

V.M. MATHEWversusV.S. SHARMA AND ORS.

1995 INSC 51029 August 1995Appeal(s) allowed

The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce Kurian's deposition in a

STATE OF ORISSAversusDHOBEI SETHI AND ANR.

1995 INSC 51129 August 1995Appeal(s) allowed

The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) challenged the validity o

UNION OF INDIA AND ORS.versusN.V. PHANNENDRAN

1995 INSC 51229 August 1995Appeal(s) allowed

N.V. Phannendran, a travelling ticket examiner, was removed from service by the Divisional Railway Manager (DRM). He challenged the removal before the Central Administrative Tribunal (CAT), arguing that the DRM, not being the appointing authority, lacked competence to impose removal under the Railway Servants (Discipli

SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusSRI DYAVAPPA AND ORS.

1995 INSC 51329 August 1995Dismissed

The Special Land Acquisition Officer acquired 7.14 cents of land near Bangalore for an agricultural university. The Collector awarded Rs 12,000 per acre for 5.20 cents of agricultural land and Rs 1,000 per acre for 1.34 cents treated as phot‑kharab land. On reference under s.18, the Court relied on a sale deed dated 24

U.P. STATE SUGAR CORPORATION LTD.versusSTATE OF U.P. AND ORS.

1995 INSC 51529 August 1995Appeal(s) allowed

The appellant, U.P. State Sugar Corporation Ltd., sought exemption of 2.18 acres of a 2.40‑acre parcel slated for acquisition under the Land Acquisition Act, 1894, arguing that the land was needed for the convenient enjoyment of its General Manager's residence and staff quarters. The corporation offered an alternative

JAGDISH SINGH AND ANR.versusUNION OF INDIA AND ANR.

1995 INSC 23129 March 1995Dismissed

The Union acquired a large tract of land comprising seven villages for defence purposes, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 21‑01‑1977. The Collector awarded compensation on 11‑04‑1980, which was later enhanced by the Additional District Judge in 1980 and 1982, and further en

DELHI WATER SUPPLY AND SEWAGE DISPOSAL UNDER TAKING AND ANR.versusSTATE OF HARYANA AND ORS.

1996 INSC 33529 February 1996Disposed off

The Delhi Water Supply and Sewage Disposal Undertaking and Commodore S. D. Sinha filed a public‑interest petition under Article 32 seeking a direction that the upstream states release sufficient water in the Jamuna River for Delhi's drinking needs. The Supreme Court, after hearing the parties, issued an interim order d

SHERA SINGHversusTHE STATE OF PUNJAB

1996 INSC 95728 August 1996Appeal(s) allowed

Three persons were tried for the murder of Sucha Singh. The trial court convicted all under Section 302 read with Section 34 of the IPC. On appeal, the High Court acquitted two co‑accused but upheld the conviction of Shera Singh, relying on the testimony of an approver (PW‑13) and treating the statement of a witness (P

UNION OF INDIA AND ORS.versusANAND SINGH BISHT

1996 INSC 95828 August 1996Disposed off

Anand Singh Bisht, a Naik in the Border Security Force, was convicted under the BSF Act and IPC section 307 for injuring a cadet and sentenced to one year of rigorous imprisonment. He had already spent about a year in pre‑trial detention and sought release by invoking Section 428 of the Code of Criminal Procedure, whic

STATE OF U.P.versusRAVINDER NATHCHATURVEDI AND ANR.

1995 INSC 50328 August 1995Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's order that set aside a disciplinary penalty imposed on Ravinder Nath Chaturvedi and another respondent. The High Court had held that the respondents were not given a reasonable opportunity to be heard during the inquiry and that no witness was exami

UNION OF INDIAversusRANGJLA RAM (DEAD) BY LRS.

1995 INSC 50428 August 1995Appeal(s) allowed

The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of the Code of Civil P

STATE OF U.P.versusRATAN LAL ETC.

1995 INSC 50528 August 1995Disposed off

The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of the compensation aw

JAWALA RAM AND ANR.versusSTATE OF H.P.

1995 INSC 50628 August 1995Appeal(s) allowed

The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, which they failed to

CHANDRASHEKHAR GAJANAN BHOGAONKARversusYESHWANT DHONDI POTDAR AND ORS

1995 INSC 50728 August 1995Dismissed

The appellant, Chandrashekhar Gatanan Bhogaonkar, filed a civil appeal challenging the findings of lower courts regarding his possession of a disputed parcel of land and the grant of an ad interim injunction. The trial court held that the appellant was in possession and that granting an injunction would cause irreparab

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

THE STATE OF PUNJAB AND ANR. ETC.versusBABU SINGH AND ORS. ETC.

1995 INSC 14428 February 1995Appeal(s) allowed

The State of Punjab appealed against the Punjab & Haryana High Court’s orders granting enhanced solatium, interest and additional amounts under the 1984 amendment to the Land Acquisition Act in a case where the land acquisition notification (1974) and the original compensation awards (1976‑1980) pre‑dated the amendment

THE STATE OF PUNJABversusRAGHBIR SINGH AND ORS.

1995 INSC 14528 February 1995Appeal(s) allowed

The State of Punjab acquired land under the Land Acquisition Act, publishing a notification in February 1981 and the Collector making an award on December 22, 1983. The respondents did not seek a reference under Section 18 of the Act. After a High Court judgment in 1990 enhanced compensation for another claimant, the r

KUMMARI VEERAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

1995 INSC 14628 February 1995Dismissed

The Supreme Court examined an appeal by Kummari Veeraiah and others challenging the compensation awarded for 69 acres and 25 gunthas of land acquired by the State of Andhra Pradesh for house‑sites. The petitioners relied on certified copies of several sale deeds, claiming a market value of Rs.40 per square yard, while

STATE OF TAMIL NADUversusTHIRU K.S. MURUGESAN AND ORS.

1995 INSC 14728 February 1995Appeal(s) allowed

The State of Tamil Nadu punished Thiru K.S. Murugesan with stoppage of three increments for misconduct in 1982, a penalty that was reaffirmed after a fresh enquiry in 1984. When his promotion to Deputy Director of Statistics for the 1983‑84 year was considered under Rule 8 of the Tamil Nadu Statistics Service Rules, hi

STATE OF WEST BENGAL AND ORS.versusANAL KUMAR GHOSH AND ORS.

1995 INSC 14828 February 1995Appeal(s) allowed

The respondents, originally appointed as peons in 1970, opted for Group C status in 1971 after a pay‑scale revision that placed employees drawing above Rs 230 in Group C. When they reached the statutory retirement age of 58, a retirement notice was issued. They challenged the notice, contending that under Rule 76 of th

STATE OF U.P.versusU.P. UNIVERSITY COLLEGES PENSIONERS ASSOCIATION

1994 INSC 9428 February 1994Disposed off

The State of Uttar Pradesh issued a Government Order in 1980 offering two pension schemes to teachers of aided degree colleges, one of which provided pension without gratuity for those retiring at 60. Most teachers chose this scheme, but the Association challenged the computation of pension on the basis of the last pay

BILLA JAGAN MOHAN REDDY AND ANR.versusBILLA SANJEEVA REDDY AND ORS.

1994 INSC 3428 January 1994Appeal(s) allowed

The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their immediate possession, the

STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ORS.versusSARTI DEVI

1995 INSC 79027 November 1995Disposed off

Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts decreed in her favour, bu

UNION OF INDIA AND ORS.versusJAYAKUMAR PARIDA

1995 INSC 79127 November 1995Case Partly allowed

Jayakumar Parida, appointed as an Extra‑Departmental Branch Post Master in 1989, was terminated in 1991 under Rule 6 of the Posts and Telegraph Extra‑Departmental Agents (Conduct and Salaries) Rules, 1964, on the ground that he had produced a false income certificate at the time of appointment. No notice or reason was

MS. HARVINDER CHAUDHARY SRIVASTAVAversusUNION OF INDIA AND ORS.

1995 INSC 79227 November 1995Disposed off

The Supreme Court entertained a writ petition under Article 32 filed by legal representatives of victims of a fire tragedy in Delhi, seeking compensation for the deceased and for injuries, medical expenses, and mental agony suffered by survivors. The petitioners contended that the Delhi Administration was liable to pay

G. NAGAMMA AND ANR.versusSIROMENAMMA AND ANR.

1995 INSC 79327 November 1995Appeal(s) allowed

The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of redemption of the mortgage

RAMESHWAR DASS GUPTAversusSTATE OF U.P. AND ANR.

1996 INSC 94927 August 1996Dismissed

The Uttar Pradesh Public Services Tribunal set aside the removal of Rameshwar Dass Gupta and ordered his confirmation, promotion and payment of salary, gratuity and pension. Gupta filed an execution petition under Order 21 Rule 1 of the CPC to recover the awarded amounts. The executing court, however, added interest at

RAMESHWARLALversusMUNICIPAL COUNCIL, TONK AND ORS.

1996 INSC 95027 August 1996Disposed off

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the claim was civil in natur

MAHABIR SUGAR MILLS LTD. AND ORS. ETC.versusSTATE OF U.P. AND ORS. ETC.

1996 INSC 95127 August 1996Dismissed

The Supreme Court considered a series of appeals and writ petitions filed by Mahavir Sugar Mills Ltd. and related parties against the State of Uttar Pradesh concerning the U.P. Sugar Undertakings (Acquisition) Act, 1971. The Court noted that the validity of the Act had already been upheld in Ishwari Khetan Sugar Mills

SUNIL KUMAR JAINversusKISHAN AND ORS.

1995 INSC 30827 April 1995Dismissed

The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale agreement dated 5 Decem

STATE OF BIHARversusDHIRENDRA KUMAR AND ORS.

1995 INSC 30927 April 1995Appeal(s) allowed

The State of Bihar issued a notification under s.4 and a declaration under s.6 of the Land Acquisition Act, 1894 to acquire land for a housing project, and took possession on March 22, 1957, handing it to the Housing Board. The respondent filed a title suit and sought an interim injunction under Order 39 Rule 1 of the

LALITHA J. RAJversusAITHAPPA RAJ

1995 INSC 31027 April 1995Appeal(s) allowed

Lalitha filed a suit for declaration of title and possession and later filed an application on August 3, 1993, seeking to file a list of witnesses for summoning. Her husband, acting as general power of attorney, submitted an affidavit stating they mistakenly believed the list had already been filed, and the omission wa

SUBORDINATE SERVICES SELECTION BOARDversusBIR SINGH AND ANR./RAM NIWAS AND ORS.

1995 INSC 21727 March 1995Appeal(s) allowed

The government reserved clerk posts in ‘A’ class offices for ex‑servicemen, allowing only matriculation as the minimum qualification for them, while general candidates required higher marks. In 1979 it was decided that, if suitable ex‑servicemen were unavailable, the dependent sons or daughters of ex‑servicemen could b

STATE OF PUNJAB AND ANR.versusSMT. SIMLA RANI W/O SHRI BHAGWAN DASS

1995 INSC 21827 March 1995Dismissed

The respondent, Simla Rani, was allotted a booth under the Punjab Urban Estate (Sales of Sites) Rules, 1965 and paid only the initial quarter of the purchase price. The balance was to be paid in instalments with 7% interest, but she defaulted, prompting the State to invoke Rule 13 and impose a 10% penalty plus the cont

AKSHAYA RESTAURANTversusP. ANJANAPPA AND ANR.

1995 INSC 21927 March 1995Dismissed

Akshaya Restaurant filed a suit for perpetual injunction against P. Anjanappa and others, alleging an agreement of sale of land. The defendants' written statement admitted a sale agreement, but later they sought to amend the statement under Order 6 Rule 17, claiming the agreement was for development of the land for mut

VARELI WEAVES PVT. LTD. AND ANRversusUNION OF INDIA & ORS.

1996 INSC 32527 February 1996Case Partly allowed

Vareliweaves Pvt. Ltd. imported partially oriented yarn (POY) and claimed exemption from countervailing duty (CVD) under a 1982 notification, arguing that the yarn fell in the 100‑750 denier category. The customs authorities, relying on a 1980 circular, treated the POY as belonging to the 75‑100 denier range and levied

GOVT. OF TAMIL NADUversusP.A. MANICKAM ETC.

1996 INSC 32627 February 1996Appeal(s) allowed

The respondents, employees of the Tamil Nadu government, were compulsorily retired after attaining the age of 50 years under Fundamental Rule 56(d). The State Government had issued G.O. No. 761 (1973) directing that cases be sent to a review committee six months before the retirement point. The Madras High Court held t

UNION OF INDIA AND ORS.versusB. RAMA MURTHY

1995 INSC 7927 January 1995Appeal(s) allowed

The Government of India issued Office Memorandum No. 18(4)-EV/79 on 25 May 1979, which stipulated that half of the dearness allowance should be treated as pensionable pay, changing the pension calculation from 3/10 to 5/10 of the ten‑month average salary. B. Rama Murthy challenged the memorandum before the Central Admi

ARUNABEN T. BHOJAKversusSECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.

1995 INSC 8027 January 1995Appeal(s) allowed

The Gujarat University advertised a Lecturer (Psychology) post reserved for Scheduled Tribes. Arunaben T. Bhojak, a member of the Bakshi Panch Scheduled Tribe, was initially not selected because she lacked laboratory experience. The selected candidate was appointed, and Bhojak challenged the decision. While the Gujarat

UNION OF INDIAversusSMT. PRATAP KAUR (DEAD) THROUGH LRS. AND ANR. ETC.

1995 INSC 8127 January 1995Appeal(s) allowed

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants contended that the Distr

C.S. BALAN AND ORS.versusCHIEF GENERAL MANAGER, TELECOM AND ORS.

1996 INSC 58726 April 1996Disposed off

The appellants, C.S. Balan and others, applied to the Central Administrative Tribunal (CAT) seeking a declaration that they were entitled to promotion to Junior Telecommunication Officer effective December 1990, citing available vacancies in their quota. The CAT order merely noted the respondent's concession that the a

SHYAM LAL (DEAD) BY LRS. AND ORSversusKESHO LAL (DEAD) AND ANR.

1995 INSC 30526 April 1995Dismissed

The appellant, Shyam Lal (deceased) by legal representatives, appealed to the Supreme Court challenging a finding by the Allahabad High Court that certain constructions in a house were made after an earlier High Court judgment. The High Court had earlier struck off a trial court's direction for partition, directing tha

RAM BHAJAN SINGH AND ORS.versusMADHESHWAR SINGH (DEAD) BY LRS. AND ORS.

1995 INSC 30626 April 1995Appeal(s) allowed

The appellants, legal representatives of defendants 7‑9, filed a suit seeking a declaration that a compromise decree in an earlier suit (T.S. No. 72/26) was void. The trial court dismissed the suit; the appellate court held the compromise was not obtained by fraud but that the defendants had no right in the property, s

P. RATHINAM/NABHUSAN PATNAIKversusUNION OF INDIA AND ANR.

1994 INSC 17126 April 1994

The Supreme Court considered two writ petitions challenging the constitutional validity of Section 309 of the Indian Penal Code, which criminalises attempted suicide. The petitioners argued that the provision violated Articles 14 and 21 of the Constitution. After reviewing earlier High Court decisions, comparative law,

T.R. DHANANJAYAversusVASUDEVAN

1995 INSC 49725 August 1995Case Allowed

The petitioner, T.R. Dhananjaya, was entitled by a Supreme Court direction to be promoted to Engineer‑in‑Chief and to receive consequential benefits, with the Bangalore City Corporation instructed to create a supernumerary post for him. The Karnataka Government, however, issued an order promoting another officer and li

STATE OF HIMACHAL PRADESH AND ORS.versusSHRI DHARAM DAS

1995 INSC 49825 August 1995Appeal(s) allowed

The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to statutory interest and an a

V.M. SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 49925 August 1995Appeal(s) allowed

The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a criminal court convicted

MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.

1995 INSC 50025 August 1995Appeal(s) allowed

The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 days in a year they we

STATE OF GUJARAT ETC. ETC.versusDAYA SHAMJI BHAI ETC. ETC.

1995 INSC 50125 August 1995Appeal(s) allowed

The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference under Section 18. A

PREETI SINGHversusSANDEEP SINGH AND ORS.

1995 INSC 29525 April 1995

The Supreme Court considered a petition for divorce by mutual consent filed by Preeti Singh and Sandeep Singh under Section 13(b) of the Hindu Marriage Act. The parties had reached a compromise in which the respondent paid Rs. 1.5 lakhs to the petitioner, deposited Rs. 1.25 lakhs and Rs. 30,000 in the name of his minor

MUNICIPAL COMMITTEE, KARNALversusNIRMALA DEVI

1995 INSC 78624 November 1995Appeal(s) allowed

The respondent, Nirmala Devi, constructed a shop on a 4 ft × 6½ ft portion of a road in Karnal that was deemed a public street. The Municipal Committee issued a notice for demolition; when the respondent failed to comply, the Committee demolished the shop. The respondent sued for damages of Rs 20,000. The trial court d

SATYA NARAYAN ATHYAversusHIGH COURT OF M.P. AND ANR.

1995 INSC 78724 November 1995Dismissed

The petitioner, a Civil Judge appointed on probation after six months of training, remained on probation beyond the two‑year period without a confirmation order. The Madhya Pradesh High Court, finding his performance unsatisfactory, discharged him under Rule 52(a) of the M.P. Government Service (Temporary, Quasi‑perman

GURBACHAN SINGHversusBRAG SINGH AND ORS.

1995 INSC 78824 November 1995Dismissed

The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the defendants; this was affirmed

VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.

1995 INSC 49024 August 1995Dismissed

The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their non‑appearance was due to a rep

STATE OF HARYANA AND ANR.versusD.L. UPPAL AND ORS.

1995 INSC 49124 August 1995Disposed off

The respondents were Physical Training Instructors employed by the Central Government who were later absorbed into the Haryana State Service as P.E.T.s/D.P.Es effective July 1, 1976. Their appointment order stipulated that from the date of absorption they would receive all allowances admissible to other state employees

KULDIP CHANDversusUNION OF INDIA AND ORS.

1995 INSC 49224 August 1995Dismissed

Respondent-4 (Ashok Kumar) claimed promotion to accountant, asserting seniority as a clerk since November 29, 1976, after the octroi moharrar and clerk posts were merged. The appellant (Kuldip Chand) argued that his fortuitous posting as a store‑keeper, though at a higher pay scale, gave him seniority over the responde

ST ATE OF BIHAR AND ORS. ETC. ETC.versusB.S. MATHUR AND ORS. ETC. ETC.

1995 INSC 49324 August 1995Appeal(s) allowed

The respondents were government servants who were deputed to the Rajendra Agricultural University, resigned from government service and were subsequently absorbed as university employees. Upon their retirement, the State of Bihar denied liability for any pension, relying on section 39(20) of the Rajendra Agricultural U

JETHI DEVIversusBHAKRA BEAS MANAGEMENT BOARD AND ANR.

1995 INSC 49424 August 1995Appeal(s) allowed

The appellant, a widow of a deceased government employee, was appointed to a Class IV post on compassionate grounds under a rehabilitation scheme. Her services were later terminated on the ground that she had allegedly married her late husband's brother and concealed this marriage and the birth of a child, which the Bo

D.D.A.versusBHAVANA COOP. GROUP HOUSING SOCIETY LTD.

1995 INSC 49524 August 1995Appeal(s) allowed

The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its earlier decision in

ANIL SARANversusTHE STATE OF BIHAR AND ANR.

1995 INSC 49624 August 1995Dismissed

The appellant, a partner in a film‑exhibition partnership, was alleged to have colluded with another firm to misappropriate film prints and proceeds, leading the second respondent to file a complaint before the Chief Judicial Magistrate, Patna. The Chief Judicial Magistrate examined the complainant and transferred the

BALRAM CHANDRAversusSTATE OF U.P.

1995 INSC 29124 April 1995Dismissed

The petitioner challenged a land acquisition notification issued under Section 4(1) of the Land Acquisition Act, 1894 and the subsequent declaration under Section 6, arguing that the notification lacked required particulars. The District Judge, acting as the reference court under Section 18, declared both the notificat

SHIV SAGAR TIW ARIversusUNION OF INDIA AND ORS.

1996 INSC 153323 December 1996Disposed off

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the allotments and categorized

SMT. SHAKUNTALABAI AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 77923 November 1995Dismissed

In this civil appeal, the Supreme Court examined the method of determining market value for compensation under the Land Acquisition Act, 1894. The State had acquired 20 acres of land from the appellants, and the Land Acquisition Officer fixed compensation based on the claimants' own purchase price of the land in 1957.

DURGA PRASAD (DEAD) BY LRS.versusSMT. GITA KUMAR AND ORS.

1995 INSC 78023 November 1995Disposed off

The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending before the Supreme Co

P. BHASKARAN AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 78123 November 1995Dismissed

The appellants, LDCs in the Western Zone of the Controller of Imports and Exports, were promoted on an ad‑hoc basis in 1980 after exercising an option for transfer on promotion. The respondents, senior LDCs, were given the same option only in 1981 and claimed seniority over the appellants, arguing that the ad‑hoc promo

FOOD CORPORATION OF INDIAversusV.K. SUKUMARAN ETC. ETC.

1995 INSC 78223 November 1995Dismissed

The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of Kerala, invoking the Keral

UNION OF INDIA AND ORS.versusRAJ KUMAR GUPTA AND ORS. ETC. ETC.

1995 INSC 20523 March 1995Appeal(s) allowed

The respondents were appointed as Accounts Clerks Grade I in the Northern Railway and placed on probation, required to pass the departmental examination prescribed in Appendix II of the Indian Railways Establishment Manual (IREM) within a stipulated period. The Railway Board issued a circular on 24 June 1986 limiting t

THE STATE OF RAJASTHAN AND ANR.versusTARSEM SINGH AND ANR.

1995 INSC 20623 March 1995Appeal(s) allowed

The respondents, temporary cultivators in the Gang Canal area, were to receive permanent allotments of government land under the Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules, 1956. Because some cultivators held land exceeding the statutory ceiling, the government decided to re‑

STATE OF U.P. AND ORS.versusDR. R.K. TANDON AND ORS.

1995 INSC 20923 March 1995Appeal(s) allowed

The State of Uttar Pradesh had made 2,056 ad‑hoc appointments of doctors between 1961‑62 and later failed to regularise the posts despite recommendations of the Uttar Pradesh Public Service Commission (PSC) in 1972 and 1977‑79. Some ad‑hoc doctors, having served over 20 years, obtained court orders directing their regu

SURBUDDIN AND ANR.versusSTATE OF KERALA AND ANR.

1995 INSC 7223 January 1995Appeal(s) allowed

The husband and wife’s land was acquired under the Kerala Land Reforms Act. They filed a joint claim statement for compensation, but only the husband received compensation. The wife appealed the decision, arguing that the joint claim also covered her separate holding. The Kerala High Court dismissed the appeal, holding

MRS. NUTAN J. PATELversusS.V. PRASAD AND ANR.

1995 INSC 77022 November 1995Appeal(s) allowed

Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article 22(5) to make a repre

SHEO NANDAN SINGHversusUNION OF INDIA AND ORS.

1995 INSC 77122 November 1995Dismissed

The appellant, S.N. Singh, a former railway shunting porter, claimed that his true date of birth was 22 January 1936, contrary to the 22 January 1926 recorded in his service file, and therefore argued that he was not liable to retire on 31 January 1984. He challenged the superannuation order before the Central Administ

THE STATE OF MAHARASHTRAversusNANAKCHAND PYARMAL AND ORS.

1995 INSC 77222 November 1995Disposed off

The State of Maharashtra acquired land under a notification of the Land Acquisition Act, 1894 and the Collector made an award of compensation that the respondents accepted. One claimant later obtained a reference under section 18, and the District Judge enhanced the compensation to Rs.10 per square metre. The State app

THE STATE OF PUNJAB AND ORS. ETC.versusSHAMBHU NATH SINGLA AND ORS.

1995 INSC 77322 November 1995Disposed off

The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not obtained, and he was subse

STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.

1995 INSC 48522 August 1995Dismissed

The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under the Motor Vehicles Ac

STATE OF MAHARASHTRA AND ANR.versusSANT JOGINDER SINGH KISHAN SINGH AND ORS.

1995 INSC 12722 February 1995Appeal(s) allowed

The State of Maharashtra acquired land under the Maharashtra Regional & Town Planning Act, 1966 after the Act was amended to include a three‑year limit for publishing a declaration under s.126(2). The petitioners challenged the acquisition, arguing that the amendment applied only to pending proceedings and that compens

ARIES ADVERTISING BUREAUversusC.T. DEVARAJ (DEAD) BY LRS.

1995 INSC 12822 February 1995Dismissed

Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court reversed, finding no p

STATE OF PUNJAB AND ANR.versusSH. SATINDER BIR SINGH

1995 INSC 12922 February 1995Appeal(s) allowed

The State of Punjab appealed against Sh. Satinder Bir Singh, who had received compensation for land acquired under the Land Acquisition Act, 1894, but later filed an application for reference to the civil court beyond the prescribed period. The High Court had held that the notice under Section 12(2) was invalid because

MURLIDHAR DAYANDEO KESEKARversusVISHWANATH PANDU BARDE AND ANR.

1995 INSC 13022 February 1995Dismissed

The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled Tribes cannot be sold or

THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.

1995 INSC 76321 November 1995Appeal(s) allowed

The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or registration charges, a

BABA PEER PARAS NATH AND ANR. ETC.versusSTATE OF HARYANA

1996 INSC 91821 August 1996Dismissed

Six accused were tried for a terrorist attack on a temple. All made confessional statements before a Superintendent of Police under Section 15 of the Terrorist and Disruptive (Prevention) Activities Act (TADA). Two of them, Baba Peer Paras Nath and Baldev Nath, were charged only under the Indian Penal Code (IPC) for at

DIGAMBAR ADHAR PATILversusDEVRAM GIRDHAR PATIL (DIED) AND ANR.

1995 INSC 12221 February 1995Dismissed

The respondents filed an application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking the price for purchasing 8 acres 26 guntas of land held by the appellant as landlord. The Tribunal held that the respondent possessed 54 acres, exceeding the statutory ceiling of 48 acres, and therefore

NEWANNESS @MEWAJANNESSAversusSHAIKH MOHAMMAD @ AND ORS.

1995 INSC 12321 February 1995Appeal(s) allowed

The case involved a partition suit concerning the inheritance of Haji Ishan Ali (HA) who died in 1955, leaving a widow, two daughters, and three sons. The High Court had held that property purchased in the name of HA's son Sabul Hassan (SH) belonged solely to SH, raising the question of whether HA was a sharer in SH's

STATE OF MAHARASHTRAversusMAHARAU SRAWAN HATKAR

1995 INSC 12521 February 1995Appeal(s) allowed

The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land Acquisition Officer and lat

STATE OF ORISSA THROUGH ITS PRINCIPAL SECRETARY, HOME DEPTT.versusBIMAL KUMAR MOHANTY

1994 INSC 8321 February 1994

The respondent, a manager in the Orissa State Guest House, was found to have committed serious financial irregularities and was later discovered to possess disproportionate assets. The appointing authority suspended him pending disciplinary proceedings and a criminal investigation under Rule 12 of the Orissa Civil Serv

PRABHUversusSTATE OF RAJASTHAN

1994 INSC 8421 February 1994Dismissed

The appellant, a milk vendor, had a sample of his milk taken by a food inspector on 19 March 1983, which was sent for analysis and reported as adulterated. He was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, sentenced to six months imprisonment and a fine, later reduc

RAJPALversusSTATE OF HARYANA AND ORS.

1995 INSC 75620 November 1995Appeal(s) allowed

The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment required his regular

RESHAM SINGH PYARA SINGHversusABDUL SATTAR

1995 INSC 75720 November 1995Dismissed

The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the petitioner's exclusive pos

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. PANDURANG AND ORS.

1995 INSC 75820 November 1995Appeal(s) allowed

The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, while the juniors ear

KANTA DEVIversusUNION OF INDIA AND ORS.

1994 INSC 40320 September 1994

The Supreme Court heard two writ petitions on 20 September 1994. In Kanta Devi v. Union of India, a widow of an ex‑serviceman was denied family pension because the Army Instructions No. 51 of 1980 excluded marriages contracted after retirement; the Court held the exclusion to be harsh, heartless and unconstitutional, s

THE SCHEDULED CASTE UPLIFT UNION AND ANR.versusUNION OF INDIA AND ORS

1995 INSC 28520 April 1995Dismissed

The Scheduled Caste Uplift Union filed a writ petition challenging an amendment to the Defence Quality Assurance Rules, 1979 which required a three‑year regular service as Junior Scientific Officer and a degree in engineering for promotion to Senior Scientific Officer Grade‑II. The petitioners, who were only diploma ho

BASHIR AHMEDversusMEHMOOD HUSSAIN SHAH.

1995 INSC 18820 March 1995Appeal(s) allowed

The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered forfeiture of the appellan

HARYANA STATE ELECTRICITY BOARD AND ANR.versusRAM GOPAL AND ANR.

1995 INSC 18920 March 1995Appeal(s) allowed

The respondents, Assistant Linemen, challenged a new promotion policy issued on 10 October 1988 that replaced the earlier rule reserving 15% of Lineman promotions for Assistant Linemen with Matriculation and L.T.I. The trial court dismissed their suit, the appellate court set aside that decision, and the Punjab and Har

BHARAT FORGE COMPANY LTD.versusAB. ZODGE AND ANR.

1996 INSC 29320 February 1996Disposed off

Bharat Forge Co. Ltd. challenged the Industrial Tribunal's refusal to allow it to adduce fresh evidence in support of a dismissal order against employee AB Zodge. The Tribunal, and subsequently the Bombay High Court, held that under Section 11A of the Industrial Disputes Act, 1947, the employer could not be permitted t

DELHI DEVELOPMENT AUTHORITYversusGRIHASTHAPANA CO-OPERATIVE GROUP HOUSING SOCIETY LTD.

1995 INSC 11820 February 1995

The Delhi Development Authority (DDA) offered land to cooperative housing societies at a price of Rs 975/950 per sq m and required a Rs 5 lakh earnest money deposit. Before possession, DDA raised the premium to Rs 1,650.65 per sq m, which the High Court upheld as reasonable. The societies failed to pay the enhanced pre

MOHD. NOOR AND ORS. ETC. ETC.versusMOHD. IBRAHIM AND ORS. ETC. ETC.

1994 INSC 26819 July 1994Dismissed

The appellants, co‑sharers in the khatedari rights of an agricultural holding, challenged a sale by a khatedar tenant, claiming a right of pre‑emption under the Rajasthan Pre‑emption Act, 1966. The central issue was whether the transfer of khatedari rights constituted a transfer of ownership within the meaning of Secti

MST. KARTAR KAURversusAJMER SINGH

1996 INSC 55319 April 1996Appeal(s) allowed

Kartar Kaur, the widow of the deceased Ranjit Singh, sued his son Ajmer Singh for declaration and possession of a suit property situated in the former PEPSU area. The son claimed sole inheritance under local custom, while the widow asserted a special custom allowing a widow to inherit alongside the son and relied on th

M.T. PUTTALINGAPPA, MAJOR AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 28119 April 1995Dismissed

The appellants were appointed as Assistant Inspectors in 1963 despite lacking the then‑required degree qualification. After the 1966 rules relaxed the qualification to a diploma, the Labour Commissioner attempted to regularise their services on 15 December 1967 based on a 17 August 1966 notification that allowed regula

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

M/S. ANGILE INSULATIONSversusM/S. DAVY ASHMORE INDIA LTD. AND ANR.

1995 INSC 27318 April 1995Dismissed

M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. The trial court return

MADANAGOPALversusP.K.A. RAMACHANDRA MUDALIAR (DEAD) BY LRS. AND ORS.

1995 INSC 27418 April 1995Dismissed

The appellant, Madanagopal, son of Jayarama Mudaliar, claimed a one‑fourth share in certain properties alleging they were joint family assets. Earlier, in 1947, his father and uncle had denied being members of the joint family and settled a partition suit by accepting a cash sum. In 1965 the appellant filed a partition

STATE BANK OF INDIA AND ORS.versusSAMARENDRA KISHORE ENDOW AND ANR.

1994 INSC 1418 January 1994Appeal(s) allowed

The respondent, a Branch Manager of State Bank of India, claimed reimbursement for moving his household goods after a transfer and was charged with five offences, including false claims and irregular loan disbursement. An enquiry officer found all charges proved on documentary evidence, and the disciplinary authority i

UNION OF INDIA AND ORS.versusUPENDRA SINGH

1994 INSC 62317 December 1994Appeal(s) allowed

The Union of India filed disciplinary proceedings against IRS officer Upendra Singh alleging that, while handling income‑tax proceedings under sections 133A, 144A and 143(1) of the Income Tax Act, he acted illegally by ignoring incriminating evidence, acquiescing to a reduced disclosure by the assessee and directing pr

PRAKASH MAROTIRAO SHEREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 75417 November 1995Disposed off

The Supreme Court heard an appeal by Prakash Marotirao Shere challenging the High Court's order that the State Government appoint an administrator to oversee the election of a Maharashtra cooperative society. The Court had previously directed the appointment of an administrator and set a timetable for finalising the vo

STATE OF WEST BENGALversusSUBAL CHANDRA DAS AND ORS.

1995 INSC 75517 November 1995Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that created an intermediate pay scale for direct‑recruit Lower Division Clerks (LDCs) after the posts of Muharrirs were redesignated and fused into the LDC cadre. The Supreme Court examined whether former Muharrirs, now LDCs, could be given a higher

SHANTISTAR BUILDERSversusNARAYAN KHIMALAL GOTAME AND ORS. ETC.

1995 INSC 75317 November 1995Disposed off

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit seeking to modify thi

BHAGWANT RAI AND ORS.versusSTATE OF PUNJAB AND ORS

1995 INSC 47217 August 1995Appeal(s) allowed

The appellants owned a house in Sangrur that was assessed for the 1987‑88 year at a rateable value of Rs 1,50,472.50, calculated on the basis of the actual rent of Rs 12,687 per month received from the State Bank of India, after deductions under s.3(1)(b) of the Punjab Municipal Act, 1911. The respondents argued that t

KHAGENDRA LALL DUTTA AND ANR.versusJACOB SOLE JACOB

1995 INSC 47317 August 1995Appeal(s) allowed

The appellant, the owner of a ground‑floor flat, had let the premises to Mr. Stayner in 1940. After Mr. Stayner's death, his wife succeeded to the tenancy and died on 9 July 1981. The appellant filed a suit for ejectment against the respondent, who was occupying the flat after the wife's death, alleging that the respon

THE ASSISTANT COMMISSIONER,GADAG SUB-DIVISION, GADAGversusMATHAPATHI BASAVANNEWWA AND ORS.

1995 INSC 47417 August 1995Dismissed

The Assistant Commissioner, GADAG Sub‑Division appealed against a decision that land owners were entitled to additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The land was taken into possession on 23‑Jan‑1971, the notification under Section 4(1) was published on 2‑Aug‑1994, and the award

THE TALUK LAND BOARD, KAZHIKODE AND ORS.versusDR. BABUCOMMEN THOMAS

1995 INSC 47517 August 1995Appeal(s) allowed

The respondent bought a cashew‑nut estate on 16 April 1969. Section 84(1) of the Kerala Land Reforms Act, 1963 declares all voluntary transfers made after the Bill’s publication on 1 April 1964, except for certain exemptions, to be void. The Kerala High Court held that the sale was saved by clause (a) of the Explanatio

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 47617 August 1995Disposed off

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their right to occupy thei

SUPERINTENDENT OF POLICE(C.B.I)versusDEEPAK CHOWDHARY AND ORS.

1995 INSC 47717 August 1995Appeal(s) allowed

A complaint was lodged that the United Bank of India, where the respondent was branch manager, had been defrauded of Rs. 45,000 in collusion with some officers. The Superintendent of Police (C.B.I.) investigated and obtained sanction under s.6(1)(c) of the Prevention of Corruption Act, 1947 to file a charge‑sheet for s

STATE OF U.P. AND ORS.versusRAM KHELAWAN AND ORS.

1995 INSC 47817 August 1995Appeal(s) allowed

The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court examined whether suc

REGISTRAR, CO-OPERATIVE SOCIETIES, WEST BENGALversusKRISHNA KUMAR SINGHANIA AND ORS.

1995 INSC 47917 August 1995Appeal(s) allowed

The Registrar of Co-operative Societies, West Bengal, appointed an arbitrator under the West Bengal Cooperative Societies Act, 1983 to resolve a dispute with a transport contractor. The arbitrator failed to render an award within the one‑year period prescribed by s.96(5)&(6). The contractor approached the Calcutta High

WARDINGTON LYNGDOH AND ORS.versusTHE COLLECTOR, MAWKYRWAT

1995 INSC 26617 April 1995Dismissed

The case concerned lands acquired for construction of explosive magazines under the Land Acquisition Act, 1894. The Collector awarded compensation, which the petitioners accepted by signing an agreement (Ex‑B) and received the amount. Subsequently they objected to the award and, without having taken protest at the time

BUTA SINGH (DEAD) BY L.RS.versusUNION OF INDIA

1995 INSC 26717 April 1995Dismissed

The case involved land‑acquisition proceedings where compensation was successively enhanced by the Additional District Judge, a High Court Single Judge and a Division Bench. The claimants filed appeals under Section 54 of the Land Acquisition Act but paid court fee only on the lower amount originally claimed. After the

STATE OF MANIPUR AND ORS.versusSMT. A. ONGBI MEMCHA DEVI AND ANR.

1995 INSC 26817 April 1995Appeal(s) allowed

A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the appointment of her brother

FOOD CORPORATION OF INDIA STAFF UNIONversusFOOD CORPORATION OF INDIA AND ORS.

1995 INSC 11717 February 1995Disposed off

The Food Corporation of India (FCI) had several registered trade unions and needed to select a sole bargaining agent. Both FCI and the unions agreed to use a secret ballot to determine which union(s) represented the majority of workers. The Supreme Court was asked to prescribe a procedure that would ensure a fair and r

KARNATAKA PUBLIC SERVICE COMMISSIONversusP.S. RAMAKRISHNA

1996 INSC 8017 January 1996Appeal(s) allowed

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not treated the notice as serv

N. NARASIMHAIAH AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. UNION OF INDIA AND ORS.

1996 INSC 8217 January 1996Dismissed

The State of Karnataka and the Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 114 acres for the Defence Research & Development Organisation, dispensing with the enquiry under Section 5A by invoking Section 17(4) and publishing a declaration under Section 6 on June 2

STATE OF TAMIL NADU AND ORS.versusL. KRISHNAN AND ORS.

1996 INSC 8317 January 1996Disposed off

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a scheme need not be comple

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

1995 INSC 74316 November 1995Disposed off

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

AMITA KAUSHISH AND ORS.versusSANJAY KAUSHISH AND ORS.

1995 INSC 74816 November 1995Disposed off

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

JAI NARAIN RAMversusSTATE OF U.P. AND ORS.

1995 INSC 74916 November 1995Appeal(s) allowed

In 1988 the Uttar Pradesh government advertised fifteen Treasury Officer‑Accounts Officer posts, four of which were reserved for Scheduled Caste (SC) candidates. The State Public Service Commission (PSC) recommended four names, but those candidates never joined the service. The appellant, Jai Narain Ram, was the fourth

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

1995 INSC 75016 November 1995Appeal(s) allowed

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

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

1995 INSC 75116 November 1995Appeal(s) allowed

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

STATE OF WEST BENGAL ETC. ETC.versusASHUTOSH LAHIRI AND ORS.

1994 INSC 52116 November 1994

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious requirement and the

SANJAY DUTTversusSTATE OF MAHARASHTRA

1995 INSC 62516 October 1995Appeal(s) allowed

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

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

1995 INSC 46416 August 1995Appeal(s) allowed

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

SPECIAL LAND ACQUISITION OFFICERversusSHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.

1995 INSC 46516 August 1995Appeal(s) allowed

The Supreme Court heard appeals filed by the State Government against a Karnataka High Court judgment concerning awards made by a Land Acquisition Officer on 12 October 1978 and a Reference Court on 31 March 1980. The issue was whether the claimants were entitled to the enhanced compensation benefits under Sections 23(

SPECIAL LAND ACQUISITION OFFICERversusN.S. TAKKALAKI AND ORS.

1995 INSC 46716 August 1995Appeal(s) allowed

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

SPECIAL LAND ACQUISITION OFFICERversusPUTTAIAH AND ORS.

1995 INSC 46816 August 1995Appeal(s) allowed

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

THE SPECIAL LAND ACQUISITION OFFICER, MALAPRABHA DAM PROJECT, SAUNDATTI ETC.versusMADIVALAPPA BASALINGAPPA MELAVANKI ETC.

1995 INSC 46916 August 1995Appeal(s) allowed

The Special Land Acquisition Officer determined compensation for land acquired from the respondents at Rs 3,000 per acre. The reference court enhanced it to Rs 15,000 per acre using a 15‑year multiplier, an award dated 14 December 1981. The High Court held that a 15‑year multiplier was illegal and that a 10‑year multip

STATE OF ORISSA AND ORS.versusSUDHIR KUMAR BISWAL AND ORS.

1994 INSC 32116 August 1994Disposed off

The State of Orissa challenged two provisions of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983. The first was the proviso to Rule 5(1) allowing relaxation of the maximum age limit for certain categories, which the Orissa Administrative Tribunal held gave the Governmen

TARAPORE AND CO.versusSTATE OF MADHYA PRADESH

1994 INSC 7716 February 1994

Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the contractor paid the hi

DEEPversusSTATE OF RAJASTHAN AND ORS.

1995 INSC 90815 December 1995Appeal(s) allowed

The appellant, Deepa, was originally accepted as a tenant of a parcel of land that formed part of a former jagir. The respondent, Ram Chandra, sought her eviction under Section 177 of the Rajasthan Tenancy Act, 1955, but the suit was dismissed because the jagir had been abolished by the Rajasthan Land Reforms and Resum

STATE OF KERALAversusM.M. ABDUL KHADER

1995 INSC 90915 December 1995Appeal(s) allowed

The State of Kerala appealed a Kerala High Court judgment that had allowed claimants to receive additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. The sole question was whether the respondents were entitled to this additional amount given that the Collector's award was dated 21 April 1980.

CONSTABLE DAVINDER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.

1995 INSC 91015 December 1995Dismissed

The appellants, six of the forty candidates who appeared for the constable selection, challenged the selection process alleging lack of fairness, ministerial interference, and that some selected candidates had previously served as gunmen for VIPs. The selection committee, comprising three officers, conducted a written

UNION OF INDIA AND ORS.versusB.N. SINGH AND ORS.

1995 INSC 91115 December 1995Dismissed

The Union of India appealed to the Supreme Court under Article 136 against an order of the Central Administrative Tribunal (CAT) that had given certain directions to the respondent officer. The Court examined the service record of the first respondent, noting that his career was outstanding both before and after the pe

UNION OF INDIAversusDULAL CHANDRA GHOSH AND ORS.

1995 INSC 91215 December 1995Dismissed

The land in question was notified for acquisition under Section 7 of the Requisition and Acquisition of Immovable Property Act, 1952 and an award was made by the Collector in 1973. The respondents refused to accept the award and, under Section 8(3) read with Rule 9, applied for the appointment of an arbitrator in 1977.

MAHESH KUMAR AGALversusDIRECTOR GENERAL OF POLICE AND ANR.

1995 INSC 91315 December 1995Dismissed

The appellant, Mahesh Kumar Agal, a police officer, sought seniority based on his passing of the mandatory Hindi proficiency test, which was a prerequisite for promotion under the service rules. The Madhya Pradesh Administrative Tribunal rejected his claim, holding that his seniority should not be backdated. Agal appea

KAVERI ENGINEERING INDUSTRIES LTD.versusUNITED SHIPPING CORPORATION LTD. AND ANR.

1995 INSC 91415 December 1995Appeal(s) allowed

Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs based on volume, refus

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

1995 INSC 57615 September 1995Appeal(s) allowed

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

STATE OF ANDHRA PRADESHversusKORUKONDA SURYANARAYANA CHOWDHARY

1995 INSC 57715 September 1995Appeal(s) allowed

The State of Andhra Pradesh sued Korukondasuryanarayana Chowdhary alleging that lands he had sold were to be counted towards his agricultural‑holding ceiling under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Chowdhary submitted an affidavit stating that the sale dated 16 October 1971 w

BALKRISHNA PANDEYversusSTATE OF BIHAR AND ORS.

1995 INSC 89414 December 1995Disposed off

Balkrishna Pandey, a Junior Statistical Supervisor, was appointed on deputation to a temporary post of Senior Statistical Assistant in the Directorate of Special Employment and Planning. When the temporary post was made permanent, Pandey was reverted to his parent department, while another employee (the fifth responden

STATE OF RAJASTHAN AND ORS.versusRAMESHWAR LAL GAHLOT

1995 INSC 89514 December 1995Appeal(s) allowed

The respondent was appointed on a temporary basis for three months or until a regular incumbent assumed office, but his appointment was terminated after 240 days. A writ petition challenged the termination, and a Single Judge held that the termination violated Section 25F of the Industrial Disputes Act, 1947, ordering

STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.

1995 INSC 89614 December 1995Dismissed

The Supreme Court examined two appeals filed by the State of Uttar Pradesh and aggrieved persons challenging the ceiling area determined under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The appeals arose while proceedings to determine surplus land were pending. Before the appeals were file

KARANPURA DEVELOPMENT COMPANY LTD.versusUNION OF INDIA

1995 INSC 89814 December 1995Appeal(s) allowed

Karanpura Development Company Ltd obtained a 999‑year mining lease in 1946, which was terminated when the Bihar Land Reforms Act, 1950 came into force. The company claimed compensation under Section 4(1) of the Coal Bearing Areas (Acquisition & Development) Act, 1957, relying on a 1963 notification issued under Section

KAILASH POTLIAversusTHE STATE OF ANDHRA PRADESH

1995 INSC 45714 August 1995Appeal(s) allowed

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

SHARADCHANDRA GANESH MULEYversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 45814 August 1995Dismissed

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

JAYASHREEversusM. SRINIVASA MURTHY

1995 INSC 45914 August 1995Disposed off

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

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

1995 INSC 46014 August 1995Dismissed

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

UNION OF INDIAversusS.B. MISRA

1995 INSC 46114 August 1995Appeal(s) allowed

The respondent, a lecturer in the College of Military Engineering, was compulsorily retired following a departmental inquiry and challenged the order on the ground that he was not supplied with a copy of the inquiry report. The Central Administrative Tribunal set aside the retirement order and directed the department t

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

1995 INSC 40114 July 1995Disposed off

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

DR. B.P. YADAV AND ANR.versusDR. RATNESHWAR PRASAD SINGH AND ORS.

1996 INSC 38614 March 1996Dismissed

The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their promotions to Professor were

STATE BANK OF PATIALA AND ANR.versusHARBANS SINGH

1994 INSC 6914 February 1994Dismissed

The landlord obtained a loan from State Bank of Patiala to construct a building which he would lease back to the bank for its commercial use. The loan agreement stipulated a 16% interest rate with quarterly rests, which the landlord contested. The trial court reduced the rate to 15% and eliminated the quarterly rests,

VISWANATH (DEAD) BY LR.versusCHANDRA BHAN AND ORS.

1995 INSC 88813 December 1995Appeal(s) allowed

The appellant, Viswanath (deceased) by LRs, sought ejectment of the respondent who occupied land under a mortgage executed by Hanuman Singh, the brother‑in‑law of a minor, before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force. The Assistant Collector and Board of Revenue held the mortgage void

UNION OF INDIA & ORS.versusMRS. SAROJ BALA

1995 INSC 89013 December 1995Appeal(s) allowed

Mrs. Saroj Bala, a civil servant, had her date of birth recorded as 4 April 1949 in university records and consequently in her service record when she joined the All India Revenue Service in 1972. After 18 years of service, she sought to correct her date of birth to 5 April 1950, obtaining a birth certificate and other

KALYANversusGORAKH

1995 INSC 89113 December 1995Disposed off

The appellant purchased agricultural land from the erstwhile landlord, who was a protected tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950. The respondent, the protected tenant, filed a suit claiming rights over the land. The High Court appointed a receiver and ordered the appellant to deposit a sum

KALIDAS UMEDRAM AND ORS.versusSTATE OF GUJARAT AND ANR.

1995 INSC 89213 December 1995Dismissed

The appellants were allotted 2 acres 9 guntas of land for agricultural purposes on the condition that it could not be used for any other purpose without written permission. They sold a portion of the land for building purposes and applied for permission to use the land for non‑agricultural purposes, but no order was pa

INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.

1995 INSC 72013 November 1995Appeal(s) allowed

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

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

1995 INSC 72113 November 1995Appeal(s) allowed

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

JAGDISH PRASADversusTHE STATE OF BIHAR AND ANR.

1995 INSC 72513 November 1995Dismissed

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

A. WATI AOversusTHE STATE OF MANIPUR

1995 INSC 62113 October 1995Dismissed

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

MADHUKAR BAKRU PINGALversusSHRI RAJENDRA D. GAIKWAD AND ORS.

1995 INSC 56713 September 1995Appeal(s) allowed

The appellant, Madhukar B. Pingal, was selected and appointed as Police Patil based on a selection scheme that allotted 50 % of the total marks to a written test and 50 % to a viva‑voce. An unsuccessful candidate (Respondent‑I) challenged the appointment before the Maharashtra Administrative Tribunal, which held that t

DILAWAR SINGH (DEAD) THROUGH LRS.versusADDL. DISTRICT JUDGE, GHAZIABAD

1995 INSC 56813 September 1995Dismissed

The appellant, Dilawar Singh (deceased) through his legal representatives, filed a return under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, claiming that he had gifted several parcels of land to his grand‑nephew. The Prescribed Authority and the lower appellate court held that the gift d

G. SRIDHARAMURTIversusHINDUSTAN PETROLEUM CORPORATION LTD. AND ANR.

1995 INSC 56913 September 1995Dismissed

The landlord leased premises to Esso Company in 1969. When Esso merged into Hindustan Petroleum Corporation Ltd (HPC) in 1974, the landlord filed an eviction suit under the Karnataka Rent Control Act, 1961 alleging sub‑letting. The lower courts dismissed the suit, holding that under the Esso (Acquisition of Undertaking

MALIKARJUNAPPA SHIVMURTHAPPA SINCE DECEASED BY HIS HEIRSversusSTATE OF MAHARASHTRA

1995 INSC 88112 December 1995Dismissed

The appellant's truck was seized by police for non‑payment of tax under the Motor Vehicles Act. The trial court held the seizure illegal due to the officer's alleged incompetence but denied damages, citing the appellant's contributory negligence. The High Court reversed, finding the officer competent to seize and affir

UNION OF INDIA AND ANR.versusM/S. MURUGAN TALKIES

1995 INSC 88212 December 1995Disposed off

The Union of India challenged the validity of Sections 24 and 25 of the Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 and a 1986 notification requiring employers and employees to contribute to a provident fund. The Madras High Court upheld the Act but ordered the respondent, Mis. Murugan

DHARAMDEOversusBIJARAT AND ORS.

1995 INSC 88312 December 1995Dismissed

The Supreme Court examined the constitutional validity of the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972, which sought to eliminate letter‑patent appeals in land‑reform matters. Petitioners contended that the Act exceeded State legislative competence, violated Article 14’s equality guar

UNION OF INDIAversusSH. GANSHYAM DASS KEDIA AND ORS.

1995 INSC 88412 December 1995Case Partly allowed

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

SULTAN SINGHversusSTATE OF HARYANA AND ANR.

1995 INSC 88512 December 1995Disposed off

The appellant, a workman, was terminated and his demand for reinstatement was rejected. He applied to the State Government for a reference of the dispute under Section 10(1) of the Industrial Disputes Act, 1947; the first application was refused and a second application was also rejected on the ground that the earlier

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Search by issue, statute, judge or citationSign in to search