RE CHANDIGARH NEWS LINE (INDIAN EXPRESS GROUP)versusRE CHANDIGARH NEWS LINE (INDIAN EXPRESS GROUP)
1998 INSC 27931 July 1998Disposed off
The Chandigarh Newsline published a headline stating that the Supreme Court had ordered the removal of the Homoeo Council chief, which was factually incorrect and misleading while the matter was pending before the Court. The Supreme Court issued a contempt notice to the reporter, Mr. K.B. Kapur, and the editor of the n…
COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH AND ORS.versusDR. AJAY KUMAR JAIN
2000 INSC 17731 March 2000Case Partly allowed
Dr. Ajay Kumar Jain served as a Pool Officer under the Scientists' Pool Scheme for three years with a salary of Rs. 3,737 per month. After the scheme expired, he was appointed as a Scientist Fellow under the Quick Hire Scheme on a contract not exceeding three years, initially for one year and later extended by six mont…
CALCUTTA CHROMOTYPE LTD.versusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA
1998 INSC 16631 March 1998Appeal(s) allowed
Calcutta Chromotype Ltd., a manufacturer of playing cards, sold its entire output to its sole distributor, M/s Ganga Saran & Sons Pvt. Ltd. Both companies had common directors and their shares were held by members of the Sharma family. The Assistant Collector of Central Excise treated the distributor as a "related pers…
G. RAMESANversusSTATE OF KERALA AND ANR.
1997 INSC 33631 March 1997Dismissed
The Kerala High Court classified 17 acres of land acquired for a Kerala Road Transport Corporation depot into two belts – land abutting the road and low‑lying land below one metre – and awarded different compensation rates. The appellant challenged this classification, arguing that the belting principle should apply on…
STATE OF ORISSA AND ANR.versusDAMODAR NAYAK AND ANR.
1997 INSC 33731 March 1997Leave Granted & Allowed
The appeal concerned whether a lecturer appointed in 1976 without the requisite qualifications could receive salary under the Government's Grant‑in‑Aid Scheme. The State clarified in 1987 that unqualified lecturers with at least second‑class marks could be eligible, and a 1983 resolution prescribed specific qualificati…
UNION OF INDIAversusR.V. SWAMY@ VELLAICHAMY
1997 INSC 33831 March 1997Leave Granted & Allowed
R.V. Swamy, a deceased freedom fighter, claimed a Central Freedom Fighters pension based on certificates issued by prominent freedom fighters. The Madras High Court, after appreciating the evidence, directed that the pension be granted to his legal representatives. The Government of Tamil Nadu re‑examined the claim and…
LUXMI DEVIversusTHE STATE OF HARYANA AND ORS.
1997 INSC 33931 March 1997Appeal(s) allowed
The appellant, Luxmi Devi, joined the police service as a Constable in 1981 and, through superior performance, was promoted and confirmed ahead of respondent No.6, Asha Rani, who was later transferred to Rohtak range at her own request. After the appellant's deputation period ended, the State attempted to revert her to…
HARINARAYAN SHRIVASTAVversusUNITED COMMERCIAL BANK AND ANR.
1997 INSC 34031 March 1997Dismissed
The petitioner, a bank employee, was charged with sanctioning loans to fictitious persons and a domestic enquiry was initiated. He applied for permission to engage an advocate, which was denied by the bank and upheld by the High Court. The petitioner argued that the pending criminal case on the same allegations made le…
COMMITTEE OF MANAGEMENT, ARYA NAGAR INTER COLLEGE, ARYA NAGAR, KANPUR THROUGH ITS MANAGER AND ANR.versusSREE KUMAR TIWARY AND ANR.
1997 INSC 34131 March 1997Leave Granted & Allowed
The Committee of Management of Arya Nagar Inter College appointed Sree Kumar Tiwari as an ad‑hoc teacher on 1 July 1986 for a short‑term vacancy. His services were terminated on 30 May 1988 effective 30 June 1988, after which he challenged the termination by a writ petition. While the petition was pending, a stay was g…
KRISHAN KUMAR, ASSISTANT SECRETARY, MARKET COMMITTEE, BHIWANI, DISTRICT BHIWANI, (HARYANA)versusHARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA THROUGH ITS CHIEF SECRETARY.
1997 INSC 34231 March 1997Leave Granted & Allowed
The Haryana State Agricultural Marketing Board advertised for Assistant Secretary posts requiring a graduate degree, knowledge of the Punjab Agricultural Produce Marketing Act and at least three years of experience in a government or semi‑government body. Krishan Kumar was appointed based on experience certificates, in…
UNITED COMMERCIAL BANK, CALCUTTAversusCOMMISSIONER OF INCOME TAX, WEST BENGAL-III CALCUTTA.
1999 INSC 44929 September 1999Appeal(s) allowed
United Commercial Bank, a nationalised bank, valued its investments at cost in the statutory balance sheet but, for income‑tax returns, valued the same stock‑in‑trade at the lower of cost or market value, a practice it had followed consistently for over thirty years and which the tax department had accepted. The bank c…
AMANULLA KHAN KUDEATALLA KHAN PATHANversusSTATE OF GUJARAT AND ORS.
1999 INSC 26728 June 1999Dismissed
The appellant, Amanulla Khan, a member of a notorious gang, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 as a "dangerous person" after allegedly extorting money by threatening death and assaulting victims on three separate occasions. He challenged the detention, arguing that a single cr…
A.P. STATE ROAD TRANSPORT CORPORATION, HYDERABAD, REPRESENTED BY MANAGING DIRECTORversusP. VENKAIAH AND ORS.
1997 INSC 44328 April 1997Leave Granted & Allowed
The State Road Transport Corporation acquired 14 acres 32 guntas of land for a bus stand under the Land Acquisition Act, 1894. The acquisition officer initially fixed compensation at Rs. 7,500 per acre, which was later enhanced by the reference court to Rs. 3.60 lakh per acre and subsequently reduced by the High Court …
KUM. MADHURI PATIL AND ANR.versusADDL. COMMISSIONER, TRIBAL DEVELOPMENT, THANE AND ORS.
1997 INSC 44428 April 1997Disposed off
The petition sought to recall the Bombay High Court's order dated 2 September 1994 that delegated the power to issue social‑status (caste) certificates to the Sub‑Divisional Officer and to replace the directions concerning the composition of caste‑scrutiny committees. The court examined whether the earlier order should…
THE GOVERNMENT OF ANDHRA PRADESH REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, HYDERABADversusB. ASHOK KUMAR
1997 INSC 44528 April 1997Leave Granted & Allowed
The Government of Andhra Pradesh dismissed Inspector B. Ashok Kumar after he was found to have demanded and accepted a Rs. 3,000 illegal gratification to refrain from filing a complaint. The Andhra Pradesh Administrative Tribunal, after a disciplinary inquiry, held the charge proved and recommended a penalty of stoppag…
PADMJA SHARMAversusRATAN LAL SHARMA
2000 INSC 16028 March 2000Case Partly allowed
The wife, a government lecturer, filed a petition under Section 13 of the Hindu Marriage Act for divorce and sought maintenance for her two minor sons under Section 125 of the CrPC and Section 26 of the Hindu Marriage Act. The Family Court granted modest maintenance and custody to the mother, which the High Court later…
P. ANAND GAJAPATHI RAJU AND ORS.versusP.V.G. RAJU (DIED) AND ORS.
2000 INSC 16428 March 2000Disposed off
During the pendency of an appeal, the parties executed an arbitration agreement and sought to have the Supreme Court refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court examined whether the phrase "which is the subject of an arbitration agreement" required the agree…
G. SAGAR SURI AND. ANRversusSTATE OF C.P. AND ORS.
2000 INSC 3428 January 2000Appeal(s) allowed
The appellants, G. Sagar Suri and Shama Suri, were accused of obtaining a loan of Rs. 50 lakh from a finance company and issuing cheques that later bounced. A complaint under Section 138 of the Negotiable Instruments Act was filed, and concurrently a First Information Report under Sections 406 and 420 of the IPC was lo…
THE STATE OF J & K AND ANR.versusDEV DUTT PANDIT
1999 INSC 35827 August 1999Case Partly allowed
The State of Jammu & Kashmir terminated a measurable‑item rate contract with contractor Dev Dutt Pandit after less than 50% of the work was completed and the contractor filed a petition under Section 20 of the Arbitration Act. An arbitrator awarded Rs. 20,08,000 based on a final bill prepared from measurements taken by…
GRAPHITE INDIA LTD. AND ANR.versusDURGAPUR PROJECTS LTD. AND ANR.
1999 INSC 35927 August 1999Dismissed
Graphite India Ltd. obtained electricity from Durgapur Projects Ltd. (DPL), a sanction‑holder under Section 28 of the Electricity Act, 1910. DPL revised its tariff in 1991, 1993 and 1995, giving only a two‑day short notice and seeking State Government approval after the fact; Graphite challenged the revisions in three …
K.R. PATEL (DEAD) THROUGH L.RS.versusCOMMISSIONER OF INCOME TAX
1999 INSC 36027 August 1999Dismissed
The deceased K.R. Patel and B.G. Amin were appointed executors and trustees under a 1962 will that directed payment of debts, conveyance of specific legacies, conversion of remaining assets into cash and donation to charitable purposes. The will created a public trust, which was registered in December 1964 after the es…
KALA AND ANR.versusMADHO PARSHAD VAIDYA
1998 INSC 32327 August 1998Appeal(s) allowed
The landlord, Madho Parshad Vaidya, sought eviction of tenant Kala Devi under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that she had sublet the shop to Ravinder Kapur. The trial court found no evidence of subletting, holding that Kapur was merely a manager and that Kala retained p…
KALA AND ANR.versusMADHO PARSHAD VAIDYA
1998 INSC 32427 August 1998Appeal(s) allowed
The landlord, Madho Parshad Vaidya, filed an eviction petition under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that tenant Kala Devi had sublet her shop to Ravinder Kapur. The trial court found no evidence of subletting and held that the tenant retained possession, dismissing the …
VALVUE ARMATUREN V.U. BERATUNG GMBH AND CO. KG.versusNATIONAL FERTILIZERS LTD. AND ORS.
[1998] 3 S.C.R. 91627 July 1998Disposed off
The case involved an international arbitration dispute between V.A.V.U. Beratung GmbH & Co. KG and National Fertilizers Ltd., wherein the respondent had obtained a stay order in 1991 that remained in force for nearly seven years. The petitioner sought relief from the Supreme Court, arguing that such a prolonged interlo…
TAMIL NADU ELECTRICITY BOARDversusSUMATHI AND ORS
2000 INSC 26127 April 2000Appeal(s) allowed
The Tamil Nadu Electricity Board (TNEB) appealed against High Court writ orders that awarded compensation to victims of electrocution, alleging that the High Court had improperly exercised its Article 226 jurisdiction and had referred the dispute to an arbitrator without a valid arbitration agreement. The Supreme Court…
SMT. RITA DEVI AND ORS.versusNEW INDIA ASSURANCE CO. LTD. AND ANR.
2000 INSC 26327 April 2000Case Allowed
The case involved the death of Dasarath Singh, an auto‑rickshaw driver, who was killed by unknown passengers while they attempted to steal the vehicle. The claimants, Rita Devi and others, filed a petition under Section 163‑A of the Motor Vehicles Act, 1988 for compensation, which was awarded by the Motor Accidents Cla…
COMMISSIONER OF INCOME TAX, BHOPALversusHINDUSTAN ELECTOR GRAPHITES LTD., INDORE
2000 INSC 14927 March 2000Dismissed
Hindustan Elector Graphites Ltd filed its return for AY 1989‑90 on 29‑Dec‑1989 before the Finance Act 1990 amended Section 28 of the Income‑Tax Act to tax cash compensatory assistance received against exports, with retrospective effect from 1967. The company had received Rs 1,31,41,030 as such assistance in the previou…
SURENDRA CHAUHANversusSTATE OF M.P
2000 INSC 15027 March 2000Case Partly allowed
Surendra Chauhan, who had an illicit relationship with a 24‑year‑old woman named Alpana, took her to the clinic of Dr. Ravindra Sharma, an unqualified electro‑homeopathic practitioner, for an abortion. Alpana died during the procedure, and Chauhan later confessed to her mother that he had arranged the abortion. The tri…
KHALEEL AHMED DAKHANIversusTHE HATTI GOLD MINES CO. LTD.
2000 INSC 15427 March 2000Dismissed
The appellant, a building contractor, was awarded a contract by the respondent, a Karnataka government company, to construct a school. The contract contained an arbitration clause (clause 35) stipulating that any dispute would be arbitrated and that enforcement actions would be heard only in courts at Bangalore. An arb…
RAMESHW ARI DEVIversusSTATE OF BIHAR
2000 INSC 3127 January 2000Dismissed
The case concerned the entitlement to family pension and death‑cum‑retirement gratuity of a deceased government employee who had two wives. The first wife, Rameshwari Devi, claimed the benefits for herself and her son, while the second wife, Yogmaya Devi, claimed benefits for herself and her four sons, asserting a vali…
PATEL VALMIK HIMATLAL AND ORS.versusPATEL MOHANLAL MULJIBHAI (DEAD) THROUGH LRS.
1998 INSC 32226 August 1998Appeal(s) allowed
The landlord sued the tenant for recovery of a shop on the ground that the tenant had sublet the premises without consent. The trial court and the first appellate court found that subletting had occurred and decreed in favour of the landlord. The tenant appealed, and the High Court, exercising revisional jurisdiction u…
SWARAN SINGH ETC. ETC.versusSTATE OF PUNJAB
2000 INSC 25326 April 2000Dismissed
The case involved the murder of Shamsher Singh and Amar Singh, allegedly committed by Swaran Singh, Jagjit Singh and others using a 12‑bore double‑barrel gun. The prosecution relied on eye‑witnesses (PW‑3 and PW‑4), forensic evidence (site plan, photographs, blood‑stained earth, post‑mortem reports, chemical analysis a…
LT. COL. P.R. CHAUDHARY (RETD.) ETC.versusMUNICIPAL CORPORATION OF DELHI AND ANR.
2000 INSC 25526 April 2000Appeal(s) allowed
The appellant challenged the assessment of the rateable value of his property for property tax, alleging that the Assessing Officer had ignored the Supreme Court's principle from Dr. Balbir Singh's case that the rateable value cannot exceed the standard rent and must be determined by reference to rents of similarly sit…
K. VENKATACHALAMversusA. SWAMICKAN AND ANR.
1999 INSC 20326 April 1999Dismissed
In the 1984 Tamil Nadu Legislative Assembly election, K. Venkatachalam was declared elected despite not being an elector in the Lalgudi constituency, having impersonated another person of the same name. The defeated candidate, A. Swamickan, filed a writ petition under Article 226 seeking a declaration that Venkatachala…
SUPERINTENDING ENGINEER AND ORS.versusB. SUBBA REDDY
1999 INSC 20426 April 1999Appeal(s) allowed
The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate Judge, applying the rule…
THE GUJARAT AGRO INDUSTRIES CO. LTDversusTHE MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD AND ORS. ETC. ETC.
1999 INSC 20526 April 1999Dismissed
The Gujarat Agro Industries Co. Ltd. owned properties in Ahmedabad and were served with property tax demand notices. It appealed the assessments under Section 406(1) of the Bombay Provincial Municipal Corporations Act, 1949, which requires the appellant to deposit the disputed tax before the appeal is heard. Section 40…
P. NAVIN KUMAR AND ORS. ETCversusBOMBAY MUNICIPAL CORPORATION AND ORS.
1999 INSC 20626 April 1999Disposed off
The Indian Heritage Society filed a public‑interest writ in the Bombay High Court seeking to quash permissions granted to the Bombay Municipal Corporation for constructing a new public toilet block near the Gateway of India and to demolish an existing block. The High Court dismissed the petition, holding that the facil…
HIMANSHU KUMAR VIDYARTHI AND ORS.versusSTATE OF BIHAR AND ORS.
1997 INSC 32226 March 1997Dismissed
The petitioners, who were appointed as daily‑wage assistant, driver and peons in a cooperative training institute of the Bihar government, had their services terminated by the institute's principal. They filed a writ petition alleging that their dismissal violated Section 25F of the Industrial Disputes Act, 1947, claim…
S.P. SUBRAMANYA SHETTY AND ORS.versusKARNATAKA STATE ROAD TRANSPORT CORPORATION AND ORS.
1997 INSC 32326 March 1997Dismissed
The petitioners' land was acquired by the Karnataka State Road Transport Corporation under Section 4(1) of the Land Acquisition Act, 1894, and the acquisition became final after the Supreme Court dismissed their earlier special leave petition. The petitioners later offered to give part of the land free of cost and soug…
A.K. JADHAVversusSTATE OF M.P. AND ORS.
1997 INSC 32426 March 1997Leave Granted & Dismissed
While serving as a Tehsildar, A.K. Jadhav was caught in a trap for demanding and accepting an illegal gratification of Rs.20,000. The Commissioner of the district suspended him on 21 March 1996 pending investigation. Jadhav challenged the suspension, arguing that only the State Government, as the appointing authority u…
V. GANGARAMversusTHE REGIONAL JOINT DIRECTOR AND ORS.
1997 INSC 43825 April 1997Leave Granted & Disposed off
V. Gangaram, a teacher appointed in 1959, obtained successive qualifications (B.A., M.A., B.Ed., M.Ed.) and was granted advance increments on the pay scale each time. The government circulars allowed one increment for a B.A. or equivalent, one for B.Ed., one for M.A., and one for M.Ed., but the post of Junior Lecturer …
K. JAYAMOHANversusSTATE OF KERALA AND ANR.
1997 INSC 43925 April 1997Leave Granted & Dismissed
The appellant, placed at No.10 on a select list of ten candidates for two lecturer positions in Physical Education, sought appointment after two candidates were already appointed. The government rejected his claim, citing an amendment to the Kerala Collegiate Education Service Special Rules, 1994, which imposed higher …
K.K. SHARMAversusKULWANT SINGH AND ORS.
1997 INSC 44025 April 1997Leave Granted & Allowed
The Chairman of a bank, Kulwant Singh, was surcharged for allegedly using a bank car for unofficial purposes and purchasing furniture, with the bank seeking personal recovery of the expenses. The High Court quashed the surcharge, prompting the bank to appeal. The Supreme Court directed the Joint Registrar of Co‑operati…
SMT RAM RATIversusSAROJ DEVI AND ORS.
1997 INSC 44125 April 1997Leave Granted & Allowed
The 1994 Gram Panchayat Sarpanch election in Rewa district resulted in Smt. Ram Rati being declared elected over Saroj Devi. Saroj Devi filed an election petition alleging that the election was not properly conducted and that a recount was not carried out despite an alleged application. The Tribunal ordered a recount, …
SRI N. UMAPTHYversusB.V. MUNIYAPPA
1997 INSC 31825 March 1997Leave Granted & Dismissed
The respondent, Sri N. Umapathy, purchased the suit property and associated machinery from his vendor and has been in continuous possession since November 1989. The appellant, B.V. Muniyappa, holds a mining lease over the same land, granted by the Government on 29 November 1993. The trial court refused an ad‑interim in…
MRS. P.K. SANDHUversusSHIV RAJ V. PATIL ETC.
1997 INSC 31925 March 1997Dismissed
Mrs. P.K. Sandhu, an in‑service officer of the Lok Sabha Secretariat, filed a writ of quo warranto challenging the appointments of several Additional Secretaries, Joint Secretaries and the Secretary to the Speaker who had been placed on deputation before the recruitment rules were amended. The petition contended that t…
MAKHAN LALversusASHARFI LAL AND ORS.
1997 INSC 32025 March 1997Leave Granted & Allowed
The respondents, who were licensees of a portion of a house belonging to Baij Nath, sued Makhanlal for permanent injunction, possession and damages, claiming they had no right to remain after the licence was revoked. Makhanlal contended that he had contributed half the cost of constructing the house, that the property …
UNION OF INDIA AND ORS.versusSHRI BIHARI LAL SIDHANA
1997 INSC 32125 March 1997Leave Granted & Allowed
Shri B.L. Sidhana, a temporary cash clerk in the Delhi Milk Scheme, was accused of misappropriating funds and was placed under suspension. While the criminal prosecution was pending, the competent authority terminated his services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, mentioning…
THE EIMCO K.C.P. LTD. MADRASversusCOMMISSIONER OF INCOME TAX,.MADRAS
2000 INSC 10425 February 2000Dismissed
The appellant, a joint Indian‑American venture, contributed technical know‑how valued at Rs.2,35,000 and received equity shares in return. It claimed the amount as revenue expenditure under the Income Tax Act, but the Assessing Officer treated it as capital expenditure and allowed only 1/14th under Section 35‑A. While …
LIFE INSURANCE CORPORATION OF INDIA AND ANR.versusSHRI RAG HA VENDRA SESHAGIRI RAO KULKARNI
1997 INSC 66623 September 1997Appeal(s) allowed
The respondent, appointed as a Development Officer on probation by Life Insurance Corporation of India (LIC), was terminated on 22 May 1986 under Regulation 14(4) of the LIC Staff Regulations, which allows discharge without notice or cause during probation. He challenged the termination before the Karnataka High Court,…
RAJASTHAN STATE WAREHOCSING CORPORATIONversusCOMMISSIONER OF INCOME TAX
2000 INSC 9623 February 2000Appeal(s) allowed
The Rajasthan State Warehousing Corporation (appellant) earned income in AY 1977-78 from interest, warehouse rentals and administrative charges, part of which was exempt under Section 10(29) of the Income Tax Act, 1961. It claimed a full deduction of its business expenditure under Section 37, but the assessing officer …
SMT, VIJAY GOEL AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 70121 October 1997Appeal(s) allowed
The appellants, who had been appointed as Lower Division Clerks (LDCs) in Safdarjung Hospital on an ad‑hoc basis, were later regularised under the Safdarjung Hospital (Class III Posts) Recruitment Rules, 1973. After several years of service, the Government, relying on a memo that the regularisation of ad‑hoc LDCs who h…
THE LAND ACQUISITION OFFICER AND SUB-COLLECTOR, GADWALversusSMT. SREELATHA BHOOPAL AND ANR.
1997 INSC 41521 April 1997Leave Granted & Allowed
The State issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Gadwal for a bus depot. The Land Acquisition Officer initially awarded compensation of Rs 8,000 per acre, which was enhanced by the Civil Court to Rs 20 per square yard and confirmed by the Andhra Pradesh High Court.…
MAHARASHTRA PUBLIC SERVICE COMMISSIONversusDR. BHANUMATI PURUSHOTTAM TATHOD AND ORS.
1997 INSC 41621 April 1997Leave Granted & Allowed
The Maharashtra Public Service Commission sought to appoint a Deputy Medical Superintendent, prescribing a post‑graduation in Medicine and fifteen years of experience as mandatory qualifications. Dr. Bhanumati Purushottam Tathod, the respondent, had only fourteen years of experience and was not called for interview. Th…
BERHAMPUR UNIVERSITY AND ANR.versusDR. SAILABALA P ADHI
1997 INSC 41721 April 1997Leave Granted & Allowed
Dr. Sailabala Padhi applied for the post of Professor of Environmental Science at Berhampur University. The Selection Committee found no candidate qualified, but the Sub‑Committee of the Syndicate recommended her appointment based on her marks and her MSc in Botany (Algology) and PhD in Algology. The Chancellor, acting…
GOVERNMENT OF TAMIL NADU AND ANR.versusK. RAJARAM APPASAMY
1997 INSC 41821 April 1997Leave Granted & Allowed
The respondent, a doctor employed by the Government of Tamil Nadu, was absent from duty without authorization for five years (May 1 1982 to May 1 1987). A departmental enquiry under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules led to his removal from service. The Tamil Nadu Administrative Tribuna…
HARYANA URBAN DEVELOPMENT AUTHORITYversusSMT. NALINI AGGARWAL ETC. ETC.
1997 INSC 41921 April 1997Leave Granted & Allowed
The Haryana Urban Development Authority (HUD A) issued a notification inviting applications for allotment of houses, requiring applicants to deposit earnest money and stipulating that no interest would be payable on such deposits. The respondents applied on 20 April 1993, but were unsuccessful in the lot draw, which wa…
UNION OF INDIAversusGURBACHAN SINGH AND ANR.
1997 INSC 42021 April 1997Dismissed
The respondent, who had not produced documentary proof of his date of birth, was assessed by a medical board to be about 25 years old and was allowed to retire in 1984 instead of 1980. He filed an application before the Labour Court under Section 33-C(ii) of the Industrial Disputes Act, 1947, seeking all retirement ben…
SENIOR REGIONAL MANAGER, FOOD CORPN. OF INDIA, CALCUTTAversusTULSI DAS BAURI AND ORS.
1997 INSC 42121 April 1997Leave Granted & Dismissed
The respondents, engaged as contract labour by a contractor, were denied full payment of their wages and claimed arrears. The Division Bench of the Calcutta High Court held that the principal employer, the Senior Regional Manager of Food Corp. of India, was liable to pay the outstanding balance. On appeal, the appellan…
STATE OF HARYANA AND ORS.versusRAI CHAND JAIN AND ORS.
1997 INSC 42221 April 1997Leave Granted & Allowed
The respondents, teachers in the Haryana Education Department, sought payment of salary in the selection‑grade pay‑scales, which the Punjab & Haryana High Court had granted. The Government issued an order (20 August 1996) stating that selection‑grade posts would be computed on the basis of total cadre strength, includi…
STATE OF ORISSA AND ORS. ETC.versusNIRANJAN NA YAK AND ANR. ETC.
1997 INSC 42321 April 1997Leave Granted & Allowed
The State of Orissa appealed against the Orissa High Court’s order that allowed writ petitions of teachers seeking additional amounts based on a cut‑off date of 1 April 1981 for acquiring qualifications. The Supreme Court examined whether the cut‑off date prescribed by the Government was valid and whether the High Cour…
HARYANA STATE ELECTRICITY BOARD AND ANR.versusMAHA SINGH AND ANR.
1997 INSC 42421 April 1997Leave Granted & Allowed
The Haryana State Electricity Board (the Board) had a policy that, when land was acquired, one member of the landowner's family must be given employment. Shamsher Singh, a son of the landowner, applied for appointment but died before the Board could appoint him. The Board then appointed his widow, Smt. Suresh Bala, in …
RAJASTHAN STATE MINES AND MINERALS LTD.versusEASTERN ENGINEERING ENTERPRISES AND ANR.
1999 INSC 42520 September 1999Appeal(s) allowed
Rajasthan State Mines and Minerals Ltd. entered into a turnkey contract with Eastern Engineering Enterprises that contained clauses fixing the rate of payment and expressly prohibiting any extra claims. The contractor later claimed escalation and other additional payments, which the arbitrator allowed in a non‑speaking…
TRUSTEES OF H.E.H. THE NIZAM' S PILGRIMAGE MONEY TRUST, HYDERABADversusCOMMISSIONER OF INCOME TAX, ANDHRAPRADESH, HYDERABAD
2000 INSC 23020 April 2000Dismissed
The Nizam created a trust to fund his Haj pilgrimage and related religious activities abroad; after his death the trust became a public charitable and religious trust. Government restrictions prevented sending money overseas, so the trustees resolved to spend the trust's income within India and obtained an order under …
RAGHBIR SINGHversusSTATE OF HARYANA
2000 INSC 22318 April 2000Dismissed
Raghbir Singh was convicted under Section 302 IPC for the murder of Arjun Singh after eyewitnesses Nasib Singh and Banarsi testified that the appellant shot the victim. The appellant challenged the conviction on three grounds: the alleged delay in filing the FIR, the alleged non‑presence of the eyewitnesses at the hosp…
RAM BAIversusCOMMISSIONER OF INCOME TAX
1999 INSC 7118 February 1999Appeal(s) allowed
Ram BAI's land was acquired under the Land Acquisition Act, 1894 and she received compensation which was later enhanced with solatium and interest by a civil court, a decision affirmed by the High Court. She disclosed the interest as income in a return filed under Section 139(4) of the Income Tax Act, 1961, but the Inc…
COMMISSIONER OF INCOME TAX, DELHIversusBHARAT CARBON AND RIBBON MFG. CO. (P) LTD.
1999 INSC 33417 August 1999Dismissed
Bharat Carbon and Ribbon Manufacturing Co. manufactured carbon paper, which was later classified as coated paper under Item 17(2) of the Central Excise Tariff, leading to a demand for excise duty for the years 1976-77, 1978-79 and 1979-80. The company challenged the levy by filing a writ petition but claimed a deductio…
P.A. AHAMMED IBRAHIMversusTHE FOOD CORPORATION OF INDIA
1999 INSC 33517 August 1999Appeal(s) allowed
The appellant, P.A. Ahmed Ibrahim, contracted with the Food Corporation of India (FCI) for loading, unloading and transport of foodgrains from 1973 to 1975, the agreement containing an arbitration clause. In 1978 the appellant sued FCI for recovery of pending dues, while FCI filed a petition under Section 20 of the Arb…
THE TRANSMISSION CORPORATION OF A.P. LTD. AND ANR.versusTHE COMMISSIONER OF INCOME TAX, A.P.
1999 INSC 33617 August 1999Dismissed
The Transmission Corporation of A.P. Ltd. (the assessee) paid large sums to non‑resident companies for purchase, erection and commissioning of plant equipment between 1966‑67 and 1972‑73 without deducting tax at source under Section 195 of the Income‑Tax Act, 1961. The Income‑Tax Officer levied tax under Section 195, b…
COMMISSIONER OF INCOME-TAX WEST BENGAL-I, CALCUTTAversusUNITED PROVINCES ELECTRIC SUPPLY COMPANY
2000 INSC 21917 April 2000Appeal(s) allowed
The United Provinces Electric Supply Co. (assessee) had its electricity undertakings compulsorily acquired by the Uttar Pradesh Government under the Indian Electricity Act, 1910. The government paid Rs. 3,35,84,552 as compensation, which the assessee accepted under protest while pending arbitration for the final amount…
COMMISSIONER OF INCOME TAXversusKASTURI AND SONS LTD.
1999 INSC 11417 March 1999Dismissed
Kasturi and Sons Ltd., a newspaper publisher, bought an aircraft for Rs.3,31,455 and insured it for Rs.4,00,000 with a clause allowing the insurer to replace the aircraft in case of loss. After the aircraft was destroyed, the insurer exercised the option and supplied a new aircraft costing Rs.3,50,000 plus Rs.25,000 ex…
TRUSTEES OF H.E.H. THE NIZAM'S SUPPLEMENTAL FAMILY TRUSTversusCOMMISSIONER OF INCOME TAX
2000 INSC 7716 February 2000Appeal(s) allowed
The trustees of H.E.H. The Nizam's Supplemental Family Trust filed a return for AY 1962‑63 in 1964 together with a Section 237 refund claim for tax deducted at source. The Income‑Tax Officer neither granted the refund nor communicated any final decision, but later recorded a note on 10‑Nov‑1965 stating that credit for …
MATHEW M. THOMAS AND ORS.versusCOMMISSIONER OF INCOME TAX
1999 INSC 6416 February 1999Appeal(s) allowed
The appellants purchased immovable property for Rs.2.45 lakh and were subjected to acquisition proceedings under Section 269‑D of the Income Tax Act. While the appeal was pending before the Income Tax Appellate Tribunal and subsequently the High Court, the Central Board of Direct Taxes issued Circular No. 455 (16‑Sept‑…
THE COMMISSIONER OF INCOME TAX, MADRASversusM/S SUNDARAM SPINNING MILLS
1999 INSC 56315 December 1999Dismissed
M/s Sundaram Spinning Mills, a manufacturer of cotton yarn, claimed a higher rate of initial depreciation on its plant and machinery under the Income Tax Act, 1961, arguing that yarn falls within Item No. 21 of the Ninth Schedule, which lists "textiles (including ... cotton yarn, hosiery and rope)". The Assessing Autho…
COMMISSIONER OF INCOME TAXversusMAHENDRA MILLS
2000 INSC 14715 March 2000Dismissed
Mahendra Mills, a company, did not claim depreciation in its return for the assessment year 1974-75 and also failed to furnish the prescribed particulars under Section 34 of the Income‑Tax Act. The Income‑Tax Officer nevertheless allowed a depreciation deduction, which was set aside by the Commissioner of Income Tax (A…
COMMISSIONER OF INCOME TAXversusBOMBAY BURMAH TRADING CORPORATION
2000 INSC 7115 February 2000Dismissed
The Bombay Burmah Trading Corporation, an Indian resident company engaged in tea export, claimed a weighted deduction under Section 35‑B of the Income‑Tax Act for Rs 1,95,935 spent on exporting tea from East Africa to the United Kingdom. The Income‑Tax Officer disallowed the claim on the ground that Section 35‑B applie…
THE TRAVANCORE RUBBER AND TEA CO. LTD.versusCOMMISSIONER OF INCOME TAX, TRIVANDRUM
2000 INSC 14214 March 2000Appeal(s) allowed
Travancore Rubber and Tea Co. entered into three agreements to sell old rubber trees, receiving Rs 75,000 as earnest money and Rs 3,56,300 as advance. The purchasers defaulted, the agreements were terminated and the amounts were forfeited. The assessee claimed the forfeited sums were capital receipts and not taxable as…
HARENDRA H. MEHTA AND ORS.versusMUKESH H. MEHTA AND ORS.
1999 INSC 25013 May 1999Dismissed
Harendra Mehta and his family (appellants) and Mukesh Mehta and his family (respondents) were brothers who owned businesses and properties in India and the United States. They executed an arbitration agreement appointing their elder brother as arbitrator to divide the assets, and the arbitrator rendered an award in New…
THE STATE OF MAHARASHTRA AND ORS.versusPRATAPSINGH DAYAL SINGH RAJPUT
1998 INSC 1413 January 1998Dismissed
The respondent, a Civil Judge, was graded 'A' by the Judgment Scrutiny Committee, had a clean confidential record and performed well in the interview, leading to his inclusion in the interview committee's select list for promotion to Additional District Judge. The Full Court of the Bombay High Court later excluded his …
AZIZUDDINversusBOARD OF REVENUE AND ORS.
1999 INSC 6212 February 1999Dismissed
The appellant, a joint Khata holder of land declared as kans‑infested, was ordered to pay tractorisation charges under the 1949 Ordinance and the 1954 Act and his land was declared Taluqdeh and evicted. He sought relief on two grounds: (i) that Notification/Proclamation No. 71 of 1941, issued by the Government, should …
V.A. RAMANversusK.V. JOHN AND ORS.
1998 INSC 8912 February 1998Appeal(s) allowed
The Kerala State Electricity Board required Junior Engineers and, under a 50-50 split between promotion and direct recruitment, invited applications for 10% departmental and 40% open‑market posts. Because of urgency, the Kerala Public Service Commission first selected departmental candidates and issued a provisional ad…
P. SUSEELA DEVIversusKERALA PUBLIC SERVICE COMMISSION AND ORS.
1998 INSC 9012 February 1998Appeal(s) allowed
P. Suseela Devi, appointed Assistant Grade‑II in the Kerala General Secretariat Service, was senior to respondents 2‑9 in the official seniority list. Promotion to Assistant Grade‑I is by seniority subject to fitness and requires completion of a two‑year probation. When vacancies arose, all were provisionally promoted …
SMT. G. KAUSHALYA DEVIversusGHANSHY AMDAS
2000 INSC 1612 January 2000Dismissed
The respondent landlord sought eviction of the appellant tenant under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 on three grounds, including a bona‑fide requirement for personal occupation of the non‑residential premises. The Rent Controller and the Appellate Authority found the landlord’…
U.P. STATE CEMENT CORPORATION LTD. AND ORS.versusB.K. TEWARI
1997 INSC 81211 December 1997Appeal(s) allowed
The respondent applied for the post of Manager (Personnel & IR) in U.P. State Cement Corporation Ltd. but was initially offered the lower post of Deputy Manager, which he declined. After a revision of pay scales, the corporation issued an amended appointment letter designating him as Manager with a pay scale of Rs.1,50…
STATE OF MAHARASHTRAversusRAJENDRA JAWANMAL GANDHI ETC.
1997 INSC 65111 September 1997Appeal(s) allowed
The accused Rajendra Jawanmal Gandhi was charged with raping an eight‑year‑old girl. The trial court convicted him under Section 376 IPC and sentenced him to seven years' rigorous imprisonment. The Bombay High Court set aside the rape conviction, finding only an attempt and convicting him under Section 354 IPC, also re…
LAXMIKANTversusUNION OF INDIA AND ORS.
1997 INSC 41111 April 1997Dismissed
The appellant, a manufacturer of Ayurvedic toothpaste containing 4% tobacco, challenged a 1992 government notification that prohibited the manufacture and sale of any Ayurvedic drugs licensed as tooth‑pastes or tooth‑powders containing tobacco. The notification was issued under Section 33(E) of the Drugs and Cosmetics …
STATE OF U.P.versusLAKHAN AND ORS.
1997 INSC 41211 April 1997Leave Granted & Allowed
On 6 March 1977, the deceased Sukhuwa and his relatives were returning from a festival when the accused, armed with lathis, suddenly attacked him on the head and other vital parts, causing injuries that led to his death. The trial court convicted the accused under Section 302 read with Section 34 of the Indian Penal Co…
INTERNATIONAL AIRPORTS AUTHORITY EMPLOYEES UNION AND ANR. ETC. ETC.versusAIRPORT AUTHORITY OF INDIA AND ORS. ETC. ETC.
1997 INSC 41311 April 1997
The petitioners, workmen employed as sweepers, canteen workers and other staff at international airports, challenged their continued status as contract labour after the Supreme Court’s decision in Air India Statutory Corporation v. United Labour Union which abolished contract labour. They sought regularisation and enti…
DINESH MATHURversusO.P. ARORA AND ORS.
1997 INSC 41411 April 1997Leave Granted & Allowed
The dispute concerned a perpetual lease obtained in 1937 for premises used by the respondent to run a hotel. In 1991 the respondent sued the appellant alleging breach of a lease condition (clause 7(2)) and obtained an ad‑interim injunction restraining the appellant from continuing the hotel business. The Delhi High Cou…
S. RAJENDRAversusUNION OF INDIA AND ORS.
1998 INSC 8011 February 1998Dismissed
The appellant, S. Rajendra, a regular Assistant Superintendent of Jails, was promoted on an ad‑hoc basis to Deputy Superintendent when a single vacancy reserved for a Scheduled Caste (SC) candidate could not be filled because the only SC candidate, respondent No.3, had not yet completed the required three years of serv…
SHRI ARVIND DATTATRAYA DHANDEversusTHE STATE OF MAHARASHTRA AND ORS.
[1997] SUPP. 2 S.C.R. 23110 July 1997Appeal(s) allowed
The appellant, an Excise Inspector, conducted a raid on a toddy contractor and seized adulterated toddy containing the poisonous substance chloral hydrate, leading to prosecution and cancellation of the contractor's licence. In retaliation, the contractor filed a complaint against the officer, which resulted in the Mah…
THE STATE OF GUJARATversusANIRUDHSING AND ANR.
[1997] SUPP. 2 S.C.R. 23410 July 1997
The State of Gujarat appealed the acquittal of Anirudhsing Mahipatsingh Jadeja (Accused No.1) and Nilesh Kumar (Accused No.2) for the murder of MLA Popatbhai Sorathiya during an Independence Day ceremony. The trial court had held that the prosecution failed to prove the accused's presence, the weapon used, and the conf…
CAMILO VAZversusSTATE OF GOA
2000 INSC 20610 April 2000Case Partly allowed
Camilo Vaz was part of a gang of seventeen accused tried for the murder of Sub‑Inspector Simon Fernandez and the attempted murder of his brothers during a violent clash between rival village groups. The Sessions Court convicted five, including Vaz, of murder under Section 302 read with Sections 120‑B and 149 IPC and se…
V.M. SALGAOCAR AND BROS. PVT. LTD. ETC. ETC.versusCOMMISSIONER OF INCOME TAX ETC.
2000 INSC 20810 April 2000Disposed off
The Supreme Court examined whether interest not charged by a company on loans advanced to its directors could be treated as a perquisite under Sections 17(2) and 40A(5) of the Income‑Tax Act. The Income‑Tax Officer had disallowed a sum equal to 15% of the directors' debit balances, but the Appellate Tribunal held that …
THE UNION OF INDIA AND ORS.versusSHRI GURU CHARAN DASS
1997 INSC 40210 April 1997Dismissed
The respondent, a permanent U.D.C. employee of the Hirakund Project, was offered and accepted a temporary appointment in the Dandakarnya Project after the closure of his original project. The appointment letter stipulated a 25% deputation allowance for permanent or quasi‑permanent employees, along with other allowances…
PUNJAB STATE CIVIL SUPPLIES CORPN., LTD., CHANDIGARH AND ORS.versusNARINDER SINGH NIRDOSH
1997 INSC 40310 April 1997Appeal(s) allowed
The respondent, an Inspector in the Punjab Civil Supplies Corporation, was found to have filled wheat bags with husk and misappropriated large quantities of wheat, and later repeated similar misconduct in collaboration with another inspector. After an enquiry, the disciplinary authority reduced his rank from Inspector …
SH. J.P.S. SAROHA AND ANR.versusUNION OF INDIA AND ANR.
1997 INSC 40410 April 1997Dismissed
The appellants, two scientific assistants originally appointed in the Defence Research and Development Organisation (DRDO), were transferred to the Director General of Inspection (DGI) and the Technical Committee (Engineers Stores) following a departmental trifurcation. They sought repatriation to DRDO, alleging that r…
STATE OF BIHARversusKUMAR PROMOD NARAIN SINGH AND ORS.
1997 INSC 40510 April 1997Disposed off
The State of Bihar recruited for Class III posts through the Bihar State Selection Service Board, advertising 1,005 positions and receiving a large number of applications. After selection, the government claimed appointments were made based on pay scale and educational qualifications, without preparing a merit list or …
STATE OF BIHARversusKAUSHAL KISHORE SINGH AND ORS.
1997 INSC 40610 April 1997Disposed off
The Supreme Court examined the recruitment of Class III posts by the Bihar State Selection Service Board, where no merit list was prepared and candidates were selected solely on educational qualifications and pay‑scale considerations. The High Court had held that such selection without a merit list and without calling …
MAHENDRA RAGHUNATHDAS GUPTAversusVISHVANATH BHIKAJI MOGUL AND ORS.
1997 INSC 40710 April 1997Appeal(s) allowed
The appellant, brother of the original tenant, continued to pay rent after the landlords directed payment to new persons and later sold the property to the respondents without giving the tenant notice of the sale. After a notice dated 29 September 1986 demanding arrears, the appellant tendered the rent by cheque to the…
M/S. SIV INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE AND CUSTOMS
2000 INSC 13410 March 2000Appeal(s) allowed
Mis. SIV Industries Ltd., a 100% Export Oriented Unit, sought to withdraw (debond) from the EOU scheme and paid all customs and excise duties as required. The dispute centered on whether excise duty on the finished goods in stock at the time of debonding should be levied under Section 3(1) of the Central Excise and Sal…
M/S. MALABAR INDUSTRIAL CO. LTD.versusCOMMISSIONER OF INCOME-TAX, KERALA STATE
2000 INSC 6110 February 2000Dismissed
The appellant, Malabar Industrial Co. Ltd., sold a rubber plantation estate and, after the purchaser defaulted on instalments, agreed to receive Rs. 3,66,649 as compensation for loss of agricultural income. The amount was recorded as such in the return and the Income‑Tax Officer gave a nil assessment. The Commissioner,…
ABBAI MALIGAI PARTNERSHIP FIRM AND ANR.versusK. SANTHAKUMARAN AND ORS
1998 INSC 3559 September 1998Appeal(s) allowed
The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, which were dismissed. …
GAURAV JAINversusUNION OF INDIA AND ORS.
1997 INSC 5479 July 1997Disposed off
The Supreme Court entertained a public‑interest writ under Article 32 on behalf of Gaurav Jain, seeking rescue, rehabilitation and education for children of prostitutes and an overall scheme to eradicate prostitution. The Court examined the constitutional guarantees under Articles 14, 15, 21, 23, 24, 38, 39, 46 and int…
TOTA RAMversusSTATE OF U.P. AND ORS.
1997 INSC 5509 July 1997Dismissed
The petitioner’s land was acquired under a Section 4 notification of the Land Acquisition Act, 1894 and the reference court awarded compensation on 18 May 1990. He filed an application under Section 28‑A on 22 July 1992, claiming he only learned on 19 July 1992 that compensation for other lands had been enhanced and ar…
D.N .. VENKATARAYAPP AND ANR.versusSTATE OF KARNATAKA AND ORS.
1997 INSC 5519 July 1997Dismissed
The appellants purchased lands in 1962‑64 from original grantees who had received the parcels under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Act prohibits alienation of such lands for a specified period, rendering the sales voidable. The State initiat…
R.M. ARUNACHALAM ETC.versusCOMMISSIONER OF INCOME TAX, MADRAS
1997 INSC 5549 July 1997Dismissed
R.M. Arunachalam inherited immovable properties from his adoptive mother, who had received them by will from her husband Ramanathan Chettiar. The assessee sold these properties during assessment years 1966-67 to 1972-73 and claimed that the estate duty paid under the Estate Duty Act, 1953, should be allowed as "cost of…
VICTORIAversusK.V. NAIK AND ORS.
1997 INSC 5069 May 1997Dismissed
The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court rejected the Kudikidappu cl…
STEEL AUTHORITY OF INDIA LTD. (SUCCESSOR TO HINDUSTAN STEEL LTD.)versusLIFE INSURANCE CORPORATION OF INDIA AND ORS.
1997 INSC 5119 May 1997Dismissed
The Steel Authority of India Ltd (successor to Hindustan Steel Ltd) had taken on rent premises from the Life Insurance Corporation of India but failed to vacate, leading to eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner sought a writ directing that the disp…
DIAMOND PLASTIC INDUSTRIES ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.
1997 INSC 5129 May 1997Disposed off
The appellants, Diamond Plastic Industries and others, set up an ancillary unit for watch components under the Ancillary Development Programme of Hyderabad Allwyn Limited, a state government undertaking. A dispute arose over the amount payable to them, leading to a writ petition in which the High Court directed the gov…
SURJIT SINGH AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 5139 May 1997Appeal(s) allowed
The case concerned a long‑standing dispute between directly recruited Section Officers and promotee officers in the Central Secretariat Service over the allocation of vacancies. The 1962 Rules prescribed a 1/6 (later 1/5) quota for direct recruitment, with the remainder filled by promotion, and the 1984 amendment intro…
K. SHANTHARAJ AND ANRversusM.L. NAGARAJA AND ORS.
1997 INSC 5149 May 1997Dismissed
The Committee of a Karnataka cooperative society was superseded and an Administrator was appointed under Section 30 of the Karnataka Co-operative Societies Act, 1959. During his tenure the Administrator enrolled new members and issued a schedule for elections to a new Committee, which the respondents challenged. The Hi…
STATE OF ORISSAversusORIENT PAPER AND INDUSTRIES LTD.
1999 INSC 1739 April 1999Dismissed
The State of Orissa and Orient Paper & Industries Ltd entered into an agreement granting exclusive rights to fell bamboos, which later gave rise to disputes over the measurement of bamboo quantities. The parties referred three specific questions to an arbitrator: the correctness of the Chief Conservator's determination…
R.C. TIWARIversusM.P. STATE CO-OPERATIVE MARKETING FEDERATION LTD. AND ORS.
1997 INSC 3989 April 1997Dismissed
R.C. Tiwari, an employee of M.P. State Co‑operative Marketing Federation Ltd., was dismissed for misconduct. He obtained a reference under the Madhya Pradesh Societies Act, which confirmed the dismissal and became final. He then approached the Labour Court under Section 10(1) of the Industrial Disputes Act, which set a…
THE SREE NARAYANA DHARMASANGHOM TRUSTversusSWAMI PRAKASANANDA AND ORS.
1997 INSC 3999 April 1997Leave Granted & Dismissed
The dispute concerned the validity of elections to the Committee of the Sree Narayana Dharmasanghom Trust. After a series of orders by the Kerala High Court, a Special Leave Petition (SLP) was filed in the Supreme Court and dismissed. The appellant argued that the dismissal of the SLP was not a final order and that the…
HIGH COURT OF JUDICATURE AT BOMBAY THROUGH ITS REGISTRARversusSHRI UDAYSINGH S/O. GANPATRAO NAIK NIMBALKAR AND ORS.
1997 INSC 4009 April 1997Appeal(s) allowed
Udaysingh, a Civil Judge, was accused of demanding Rs.10,000 as illegal gratification to influence a judgment. The allegation led to adverse remarks in his confidential report, a disciplinary enquiry, and ultimately his dismissal by the High Court acting as disciplinary authority. Udaysingh challenged the dismissal in …
STATE OF U.P. AND ORS.versusM/S. CHHABRA BRICKS AND TILES MFG. CO.
1999 INSC 5488 December 1999Appeal(s) allowed
The State of Uttar Pradesh issued the U.P. Coal Control Order, 1977 under Section 3 of the Essential Commodities Act, 1955, requiring licences for brick kilns using slack coal and imposing conditions on the sale, price, size and export of the bricks produced. Brick manufacturers challenged the order, and the Allahabad …
MAHESH KUMAR MUDGILversusSTATE OF UTTAR PRADESH AND ORS.
1997 INSC 7948 December 1997Dismissed
The appellant, Mahesh Kumar Mudgil, was appointed to a temporary Officer on Special Duty (Special Component Plan) post created in 1980 under the Harijan & Social Welfare Department with the Finance Department's concurrence. The post was extended several times but was abolished in May 1984 by an office memorandum of the…
AV. REDDY TRUST AND ORS.versusCOMMISSIONER OF WEALTH TAX
1999 INSC 4698 October 1999Appeal(s) allowed
A.V. Reddy created four trusts for his grandchildren and daughter, appointing himself as sole trustee. The trusts stipulated that the corpus would be transferred to beneficiaries only after they attained a specified age, making their interests contingent and indeterminate at the valuation dates. The Wealth Tax Officer …
COMMISSIONER OF INCOME TAX, AMRITSARversusTATTAN TRUST AMRITSAR ETC.
1997 INSC 5388 July 1997Appeal(s) allowed
The assessee, a charitable trust created in 1942, amended its deed in 1971 to require that surplus funds be invested in a company in which the trustees had a substantial interest. It claimed exemption of the interest earned on those investments under Section 11 of the Income Tax Act, relying on the first proviso to Sec…
KONDA VENUGOPALA RAJUversusSTTE OF ANDHRA PRADESH
1997 INSC 5448 July 1997Dismissed
The petitioner, Konda Venugopala Raju, filed a declaration under the Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1972, claiming that 5 acres 66 cents of his land were non‑agricultural and should be excluded from the ceiling calculation. The primary Tribunal and the High Court held that his holdi…
SPECIAL LAND ACQUISITION OFFICER, KHEDA AND ANR. ETC.versusVASUDEV CHANDRASHANKAR AND ANR. ETC.
1997 INSC 3918 April 1997Leave Granted & Dismissed
The State, through a notification under Section 4(1) of the Land Acquisition Act, 1894, acquired 12 hectares of land in Marida village for a highway project. The Land Acquisition Officer initially awarded compensation of Rs.250 per are, which was enhanced to Rs.2,500 per are by the Assistant District Judge under Sectio…
ANSUYABEN KANTILAL BHATTversusRASHIKLAL MANIKLAL SHAH AND ANR.
1997 INSC 3928 April 1997Disposed off
The landlord, Ansuya Ben Kantilal Bhatt, filed a suit in 1966 seeking eviction of tenant Rashiklal Maniklal Shah under the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 on the grounds of personal occupation and alleged rent default. After 31 years of litigation, the Supreme Court examined whether the land…
STATE OF HARYANAversusUNIQUE FARMAID (P.) LTD. AND ORS.
1999 INSC 4627 October 1999Dismissed
The Insecticide Inspector collected samples of a monochrotophos insecticide and, after a quality‑control laboratory report declared them misbranded, issued notices to the shop‑keeper and the manufacturer, Unique Farmaid Pvt. Ltd. The manufacturer requested that the samples be re‑analysed by the Central Insecticides Lab…
THYSSEN STAHLUNION GMBH ETC.versusSTEEL AUTHORITY OF INDIA LTD.
1999 INSC 4637 October 1999
The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under the old Act and the…
UNION OF INDIA AND ORS.versusRABIA BIKANER ETC.
1997 INSC 5187 July 1997Appeal(s) allowed
The widows of a casual railway labourer who had completed six months of service and obtained temporary workman status, but died before being appointed to a temporary post, claimed family pension under the 1964 Family Pension Scheme. The Supreme Court examined whether such pension benefits are available to casual labour…
J.P. RAVIDAS AND ORSversusNAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL CO-OP.
1997 INSC 5197 July 1997Disposed off
The Supreme Court examined the allocation of 40 flats in a cooperative society built on government land, where the builder had allotted them to non‑Dalit members contrary to the reservation regulations favoring Dalits. The Registrar of Cooperative Societies investigated and found the allotments illegal, directing that …
K.G. PADMANABHA PRABHUversusKERALA STATE ELECTRICITY BOARD AND ORS.
1997 INSC 5207 July 1997Dismissed
K.G. Padmanabha Prabhu owned several parcels of land with trees in Polluttu village. The Kerala State Electricity Board, invoking Section 51 of the Indian Electricity Act, 1910 and Sections 10 to 16(3) of the Indian Telegraph Act, 1885, acquired the trees and laid electric lines across the land. The appellant claimed c…
STATE OF HARYANA AND ORS.versusMISS AJAY WALIA
1997 INSC 5217 July 1997Appeal(s) allowed
In 1980 the Haryana Irrigation Department requisitioned four Sub‑Divisional Clerk vacancies, but the Subordinate Service Selection Board prepared a list of 28 candidates in 1982 and recommended eight for appointment in the Hathnikund circle. The Superintendent Engineer returned the list, stating that the circle had not…
FOOD CORPORATION OF INDIAversusBANT SINGH AND ANR.
1997 INSC 5227 July 1997Appeal(s) allowed
The Food Corporation of India (FCI) issued a charge-sheet against Bantsingh and others and, under Rule 58(8) of its Staff Regulations, denied the respondents permission to engage a retired employee, Kamal Kumar, as a defence assistant in the departmental enquiry. The respondents filed a writ petition in the Punjab & Ha…
FENNER (INDIA) LTD.versusPUNJAB AND SIND BANK
1997 INSC 5237 July 1997Appeal(s) allowed
Fenner (India) Ltd entered into an agreement with Vijay Exports for a purchase advance of up to Rs 30 lakh, secured by a bank guarantee issued by Punjab and Sind Bank. Fenner advanced Rs 20 lakh, but Vijay Exports defaulted on repayment, prompting Fenner to sue the bank for the amount advanced plus interest. The trial …
BIR SINGH CHAUHANversusSTATE OF HARYANA AND ANR.
1997 INSC 5247 July 1997Appeal(s) allowed
The appellant, an Executive Engineer, was tasked with a visual inspection of a drainage project and submitted a report. Subsequently, an FIR was lodged against the contractor and staff, leading to the suspension of 95 employees, including the appellant. After reinstatement, the appellant was denied promotion while his …
THE STATE OF TAMIL NADU AND ORS.versusM. NATARAJAN AND ANR.
1997 INSC 5257 July 1997Appeal(s) allowed
The respondents, police personnel, were accused of misbehaving with two women and were subjected to a departmental enquiry and a criminal case, which was later withdrawn. They repeatedly failed to appear before the Enquiry Officer despite several opportunities, leading the Officer to record ex parte findings and recomm…
THE MANAGING DIRECTOR HARYANA SEEDS DEVELOPMENT CORPN. LTD.versusTHE PRESIDING OFFICER AND ANR. ETC.
1997 INSC 5267 July 1997Appeal(s) allowed
The Haryana Seeds Development Corporation Ltd. closed several of its seed sales units after heavy floods, resulting in the termination of several employees, including the respondents. The employees sought a reference under Section 10(1)(c) of the Industrial Disputes Act, claiming that their termination amounted to retr…
DELHI JUDICIAL SERVICE ASSOCIATION (REGD.)versusUNION OF INDIA THROUGH THE SECRETARY AND ORS.
1997 INSC 5277 July 1997Disposed off
The Delhi Judicial Service Association filed a writ petition under Article 32 of the Constitution alleging a shortage of accommodation in the Tis Hazari Courts. The Supreme Court constituted a three‑advocate committee to inspect the premises and report on vacant rooms. The committee identified several vacant rooms, dir…
SHRI IRSHAD ALI AND ORS.versusHAZI ABDUL SUKHUR MOZUMDAR AND ORS.
1997 INSC 5287 July 1997Dismissed
The appellants, owners of a one‑third share in land acquired under the Land Acquisition Act, were awarded compensation by the Land Acquisition Officer, which was later enhanced by the Reference Court under Section 18. The respondent appealed to the High Court, which further increased the compensation. The appellants th…
DELHI ADMINISTRATION (NOW GOVT. OF N.C.T. DELHI)THROUGH THE CHIEF SECRETARY, DELHI AND ORS.versusNAND LAL PANT AND ANR.
1997 INSC 5297 July 1997Disposed off
Nand Lal Pant, a Trained Graduate Teacher appointed in 1974, was asked to officiate as a Post‑Graduate Teacher (Sanskrit) from 1986 when a vacancy arose. He repeatedly sought promotion to the PGT (Sanskrit) post, but his representations were rejected on the ground that there was no regular promotion channel from the TG…
OKHLA ENCLAVE JOINT ACTION COMMITTEE ETC.versusUNION OF INDIA AND ORS.
1997 INSC 3777 April 1997Disposed off
The petitioners, members of the Okhla Enclave Joint Action Committee, filed writ petitions under Article 32 alleging that the builder (Durga Builders Ltd., the ‘coloniser’) was not sincerely allotting the plots they had booked. The dispute centered on whether the coloniser should allocate plots under the existing schem…
SHRI D.P. PATILversusUNION OF INDIA AND ORS.
1997 INSC 3787 April 1997Dismissed
The appellant, D.P. Patil, retired in 1975 and failed to exercise the option to switch to a pension scheme during several extensions of the deadline. After others were granted pension benefits by a Tribunal, he filed a petition claiming ignorance of the extensions and sought a pension. The Tribunal granted the pension,…
GHANSHYAM DASS KEDIA AND ORS.versusSHRI N.P. SINGH, SECRETARY, GOVERNMENT OF INDIA AND ORS.
1997 INSC 3797 April 1997Disposed off
The Supreme Court revisited its earlier direction in Union of India v. Ghanshyam Dass Kedia (1996) concerning the allotment of land to 19 petitioners. Applications filed by the Union of India and the Delhi Development Authority (DDA) proposed four alternatives for allocating plots. After hearing counsel, the Court acce…
SECTOR 6, BAHADURGARH PLOT HOLDERS' ASSOCIATION AND ORS.versusTHE STATE OF HARYANA AND ANR.
1997 INSC 3807 April 1997Dismissed
The Sector‑6 Bahadurgarh Plot Holders Association filed a contempt petition alleging that the State of Haryana had failed to comply with a Supreme Court direction to fully develop the allotted plots within six months. The Supreme Court had earlier ordered that the sector be "fully" developed, not merely "almost fully,"…
RAMAVATARversusSTATE OF BIHAR AND ORS.
1997 INSC 3817 April 1997Dismissed
The appellant, Ramavatar, sought promotion to Engineer‑in‑Chief on the basis of a Scheduled Tribe (ST) status. The Supreme Court examined his claim by directing him to submit a genealogy table of his family history. The affidavit revealed that his ancestors originated from Bilaspur, Madhya Pradesh, migrated to Bihar, a…
UNION OF INDIA AND ANR.versusKARAM SINGH AND ORS.
1997 INSC 3827 April 1997Leave Granted & Allowed
The respondents' property was acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. After the Land Acquisition Collector fixed compensation, the respondents objected and an arbitrator enhanced the award. The Single Judge set aside the arbitrator’s award and fixed a uniform enhanced compensa…
JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.versusBAL KISHAN SONI AND ORS.
1997 INSC 3837 April 1997Leave Granted & Disposed off
The Jawahar Lal Nehru Krishi Vishwavidyalaya had undertaken a project under a scheme sponsored by the Indian Council of Agricultural Research (ICAR), creating 625 posts that were co‑terminus with the scheme. Employees working as binders, machine operators and Class IV staff filed a writ petition in the Madhya Pradesh H…
NADAR MAHAJAN SANGAM S. VELAICHAMY NADAR KALLOORI AND ORS.versusDISTRICT REGISTRAR (SOCIETIES AND ORS.)
1997 INSC 3847 April 1997Leave Granted & Disposed off
The Nadar Mahajan Sangam established N.M.S.S. Vellaichamy Nadar College in 1965, but the term of its managing society committee expired on March 31, 1966 and elections could not be held, leading to a disputed management of the college. A trial judge, instead of conducting an inquiry himself, directed the District Regis…
V.K. DUBEY AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 3857 April 1997Leave Granted & Dismissed
The appellants, originally employed on the diesel side of Indian Railways, were trained and transferred to the electrical locomotive side after the introduction of electric engines. A dispute arose regarding the inter‑se seniority of those already working on the electrical side versus the transferred diesel employees. …
STATE OF MAHARASHTRA AND ORS.versusDR. SHRI HARI SHANKAR VAIDHYA AND ORS.
1997 INSC 3867 April 1997Leave Granted & Disposed off
The petitioners, teachers in privately aided Ayurvedic, Unani and Homeopathic colleges, sought to obtain pension and gratuity benefits under the Maharashtra State Government Civil Service (Pension) Rules, 1982, which did not expressly cover them. The State of Maharashtra argued that extending such benefits to all teach…
NARINDER SINGHversusSTATE OF PUNJAB
2000 INSC 1986 April 2000Dismissed
The appellants, Narinder Singh and Ravinder Singh alias Khanna, were charged with murdering Gurdev Singh, the Granthi of a village Gurudwara, after threatening him to relinquish his post. The Sessions Court acquitted them, holding that the prosecution failed to prove motive, that key witnesses were unreliable, and that…
CHINNAMA GEORGE AND ORS.versusN.K. RAJU AND ANR.
2000 INSC 2006 April 2000Appeal(s) allowed
The widow and minor children of George, who died in a motor vehicle accident, were awarded Rs.3,78,000 by the Motor Accident Claims Tribunal. The insurer, Oriental Insurance Co., and the bus owner, N.K. Raju, filed a joint appeal before the Kerala High Court under Section 173 of the Motor Vehicles Act, seeking to reduc…
MADAN PAL SINGHversusSTATE OF U.P. AND ORS.
2000 INSC 76 January 2000Appeal(s) allowed
Madan Pal Singh, a daily‑wage work agent employed by the New Okhla Industrial Development Authority (NOIDA) from July 1982 to August 1986, filed a dispute after his services were terminated. In his conciliation application he mistakenly wrote his name as Madan Lal, and the State of U.P. issued a reference to the Labour…
MANZOOR AHMED MARGRAY ETC.versusGULAM HASSAN ARAM AND ORS.
1999 INSC 4585 October 1999Disposed off
The defendants appealed against a Jammu & Kashmir High Court decree ordering specific performance of an agreement to sell orchard land. The Supreme Court examined whether a penalty clause in the contract barred specific performance, whether the plaintiff was ready to perform, and whether part performance was permissibl…
THE AGRICULTURE PRODUCE MARKET COMMITTEE, GONDAL AND ORS.versusSHRI GIRDHARBHAI RAMJIBHAI CHHANIYARA AND ORS.
1997 INSC 4745 May 1997Appeal(s) allowed
The Gujarat Agricultural Produce Market Committee advertised allotment of shops in a new market yard under the Gujarat Agricultural Produce Markets Act, 1963. Two respondents filed a suit seeking a perpetual injunction to restrain the Committee from making any allotments, and an interim injunction was granted by the tr…
TATA ENGINEERING AND LOCOMOTIVE CO. LTD. AND ANR.versusGAJANAN Y. MANDREKAR
1997 INSC 4755 May 1997Appeal(s) allowed
The petitioner, G. Y. Mandrekar, purchased a commercial tipper truck from Tata Engineering and Locomotive Co. Ltd. and, after running it for about 9,000 km, discovered several defects including worn tyres, improperly fixed front axle pins, and excessive vibration. Despite repeated complaints and repairs, the defects pe…
Y ALAMANCHI RANGA RAO AND ORS. ETC.versusSTATE OF ORISSA AND ORS.
1997 INSC 4765 May 1997Appeal(s) allowed
The appellants' land was acquired under a notification of the Land Acquisition Act, 1894. After the original award, a reference court enhanced compensation for similar lands, and the appellants filed a Section 28‑A reference within three months, which remained pending. The High Court later further enhanced compensation…
ASHIS KUMAR HAZRAversusRUBI PARK CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.
1997 INSC 4775 May 1997Dismissed
Ashis Kumar Hazra filed a suit against Rubi Park Co-operative Housing Society Ltd. after a notice for arbitration was issued on 26 October 1974 under Section 95(3) of the West Bengal Co-operative Societies Act, 1983, which requires a claim to be laid within two months. The suit was filed on 10 September 1975, and the H…
STATE OF KERALA AND ORS.versusM. BHASKARAN PILLAI AND ANR.
1997 INSC 4785 May 1997Dismissed
In 1952, 1.94 acres of land were acquired under the Land Acquisition Act, 1894 for a national highway, of which only 80% was used. The remaining land was sold by the Government in 1979 to the former owner at the compensation rate, an action challenged by writ petitions. The Government relied on an executive order for t…
LOKSHIKSHAN PRASARAK MANDAL AND ANR.versusRAJENDRA KUMAR AJABRAO MAHALLE AND ORS.
1997 INSC 4795 May 1997Appeal(s) allowed
The respondent was appointed by the Maharashtra Education Department for a one‑year term ending with an automatic termination clause. No appointment was made for the following year because the State Government did not sanction any grant‑in‑aid positions. The respondent appealed to the Tribunal for continuation of servi…
THE STATE OF PUNJAB AND ORS.versusBAKHSHISH SINGH
1997 INSC 4805 May 1997Appeal(s) allowed
The respondent, Constable Bakhshish Singh, was absent from duty without leave from November 7, 1986 to March 1, 1988, leading to disciplinary proceedings that resulted in his dismissal. The trial court dismissed the suit filed by the constable, and the first appellate court remanded the matter for reconsideration of th…
R. V ARADARAJANversusTHIRUMANGAI NAIDU AND ORS.
1997 INSC 4815 May 1997Dismissed
The appellant, R. Varadarajan, sought a notice on the limited question of compensation for a building, asserting he was in possession. The respondents countered that the appellant had let the building to Jasmine Electricals and that they were in possession. The appellant admitted letting the premises from 1993, contrad…
MUNICIPAL COUNCIL HATTAversusBHAGAT SINGH AND ORS.
1998 INSC 695 February 1998Appeal(s) allowed
The Moharrirs/peons of Municipal Council Hatta filed an application under Section 22 of the Minimum Wages Act, 1948 seeking overtime pay for four extra hours worked daily during February‑March 1982‑83. The Labour Court allowed the application, but the High Court dismissed the Municipal Council's petition. On appeal, th…
NOTIFIED AREA COMMITTEE NANGAL TOWNSHIPversusBHAKRA MANAGEMENT BOARD, CHANDIGARH AND ORS.
1999 INSC 3044 August 1999Dismissed
The Bhakra Management Board constructed a series of separate bungalows for its employees in Nangal township. The Notified Area Committee began treating each row of adjoining bungalows as a single "building" for house‑tax purposes, applying a 15% tax rate based on the combined annual rental value. The Board argued that …
AIRFREIGHT LTD.versusSTATE OF KARNATAKA AND ORS.
1999 INSC 3054 August 1999Case Partly allowed
Airfreight Ltd., a cargo forwarding and travel services company, was directed by the Karnataka Labour Officer to pay its employees Variable Dearness Allowance (VDA) under a 1987 State Notification issued under the Minimum Wages Act, 1948 for "shops and commercial establishments". The company contended it was not a shop…
STATE THROUGH CBIversusRAJ KUMAR JAIN
1998 INSC 2814 August 1998Case Allowed
The Central Bureau of Investigation (CBI) registered a case under the Prevention of Corruption Act against Raj Kumar Jain, a junior engineer, but after investigation found no prima facie case and submitted a report under Section 173(2) of the CrPC seeking closure. The Special Judge refused to accept the report, directi…
STATE OF KARNATAKAversusMAN JANNA
2000 INSC 2834 May 2000Appeal(s) allowed
The State of Karnataka prosecuted Manjan for raping a girl who was 15 years old at the time of the offence. The trial court convicted him based on the victim’s testimony, corroborative eyewitness accounts, medical findings of injuries and seminal stains on the victim’s clothing, and the victim’s stated date of birth. T…
D.L.F. UNIVERSAL LTD.versusAPPROPRIATE AUTHORITY AND ANR. ETC.
2000 INSC 2864 May 2000Disposed off
Two real‑estate developers (DLF Universal Ltd. and Ansal Properties) entered into agreements for the sale of flats that were still under construction and filed Form 37‑1 before the Income‑Tax Appropriate Authority seeking a no‑objection certificate for registration. The Authority issued notices under Section 269‑UC(4) …
JASWANT SINGHversusSTATE OF HARYANA
2000 INSC 1844 April 2000Dismissed
The case involved the murder of Kulwant Singh and Bidhi Shankar by a group of nine accused who formed an armed unlawful assembly to avenge a prior killing. The trial court convicted all accused under Sections 302 and related provisions, but the High Court acquitted several of them, holding that their participation was …
S. RM. M.CT. M. TIRUPPANI TRUSTversusTHE COMMISSIONER OF INCOME TAX
1998 INSC 654 February 1998Appeal(s) allowed
The S.R.M.M.CT.M. Tiruppani Trust, a charitable trust for temple repairs and related activities, resolved in 1963 to accumulate its income for ten years and filed Form 10 under Section 11(2) of the Income‑Tax Act. In the assessment year 1970‑71 it realised Rs 8 lakhs from an advance to a firm, which it used to purchase…
GRAM PANCHAYAT KAKRANversusADDL. DIRECTOR OF CONSOLIDATION AND ANR.
1997 INSC 6883 October 1997Appeal(s) allowed
The Gram Panchayat of village Kakran challenged an order of the Additional Director of Consolidation dated 23 May 1996, which granted a portion of Bachat land to the second respondent after he filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Th…
M/S. ESSAR CONSTRUCTIONSversusN.P. RAMA KRISHNA REDDY
2000 INSC 2783 May 2000Dismissed
Essar Constructions appealed a Supreme Court order dismissing its appeal against a High Court decision that had condoned delay in filing an application under Section 30 of the Arbitration Act, 1940. The dispute arose from three arbitrators where two awards favored Essar and one favored the respondent, who sought to set…
SEETHALAKSHMI AMMALversusMUTHUVENKATARAMA IYENGAR AND ANR.
1998 INSC 1733 April 1998Case Allowed
Gomathi Ammal, a Hindu female, died intestate. Her husband and only son had predeceased her, and the appellant, the widow of that pre‑deceased son, filed a suit for declaration of ownership of the deceased's properties. The High Court held that the appellant was not an heir because at the time of the husband's death th…
M/S. RAAG RANG AND ANR.versusTHE GENERAL MANAGER, DELHI TELEPHONES AND ORS.
1997 INSC 3593 April 1997Disposed off
The appellants, M/s Raag Rang and others, claimed they had paid their telephone dues of Rs. 5,370.35 plus reconnection charges, yet faced a threat of disconnection. The General Manager, Delhi Telephones, issued a letter stating that no record of such payment existed in its bonds. The dispute centered on the factual que…
TEJRAMversusPATIRAMBHAU
1997 INSC 3603 April 1997Appeal(s) allowed
The appellant owned 22.38 acres of land and executed a document on 20 April 1972 that purported to be an agreement to sell 11.76 acres for Rs.50,000, with Rs.48,000 allegedly received as consideration. The sale deed was never executed, and the respondent, a money‑lender, issued a notice and sued for specific performanc…
S. SIVAPRAKASAMversusB.V. MUNIRAJ AND ORS.
1997 INSC 3613 April 1997Dismissed
The Catholic Syrian Bank, as mortgagee, obtained a preliminary decree (1951) and a final decree (1952) against mortgagor Manickam Mudaliar. While objections to the final decree were pending, a money creditor obtained a separate money decree, and the mortgaged property was sold in execution to Kandaswamy, who later tran…
SRI NANDLAL TEJMAL KOTHARIversusTHE INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX AND ORS.
1997 INSC 3623 April 1997Disposed off
The appeal filed by Sri Nandlal Tejmal Kothari before the Supreme Court challenged an order of compulsory purchase of his property made under the Income Tax Act, 1961. The appellant contended that the order was arbitrary and that the statutory period for payment of consideration under Section 269‑UD(l) was not being co…
STATE OF WEST BENGALversusSMT. MAYA DUTTA AND ORS .
1997 INSC 3633 April 1997Disposed off
Smt. Maya Dutta bought 1,065 sq. ft. of land from Bangur Land Development Corporation Ltd., a private agency, after the Urban Land (Ceiling of Regulation) Act, 1976 came into force. She sought permission under Section 27(2) of the Act to sell the building constructed on the land; the competent authority refused under S…
VENKAPPA GURAPPA HOSURversusKASAWWA C/O. RANGAPPA KULGOD
1997 INSC 3643 April 1997Dismissed
The appellant claimed a sale agreement dated 9 August 1959 and filed a suit for specific performance on 5 November 1972, after the respondent had obtained a possession decree in his favour on 9 November 1971. The appellant issued a notice to the respondent on 22 August 1972, asserting denial of the agreement. The court…
S. VANATHAN MUTHURAJAversusRAMALINGAM ALIAS KRISHNAMURTHY GURUKKAL AND ORS.
1997 INSC 3653 April 1997Dismissed
The appellant purchased a one‑third share in a property and filed suits for declaration of title and partition. While the suit was pending, the Tehsildar, under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, conducted a suo motu inquiry and granted a Ryotwari patta to an institution. The…
SMT. SATHYAPREMA MANJUNATHA GOWDAversusTHE CONTROLLER OF ESTATE DUTY, KARNATAKA
1997 INSC 3663 April 1997Dismissed
Manjunatha Gowda, a coparcener in a Hindu joint family, received a 4/5 share of family property after a partition in 1965. He died in 1971, and his widow Smt. Sathyaprema Manjunatha Gowda and their unmarried daughter claimed a share of the estate under Section 8(1)(d) of the Hindu Law Women’s Rights Act, 1933, seeking …
MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.
1999 INSC 5072 November 1999Dismissed
M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he filed a representati…
AIR INDIA LTD.versusM. YOGESHWAR RAJ
2000 INSC 2742 May 2000Appeal(s) allowed
Air India Ltd. appointed M. Yogeshwarraj to a post reserved for Scheduled Castes/Scheduled Tribes based on a caste certificate. The company later alleged that a later‑dated caste certificate was forged and issued a show‑cause notice; an inquiry committee found him not guilty, but the Disciplinary Authority issued a sec…
KASHINATH KHER AND ORS.versusSHRI DINESH KUMAR BHAGAT AND ORS.
1997 INSC 4672 May 1997Dismissed
Petitioners Kashinath Kher and others filed contempt petitions under Section 23 of the Contempt of Courts Act, 1971, alleging that respondents, including Dinesh Kumar Bhaghat, failed to implement the Supreme Court's directions in State Bank of India & Ors. v. Kashinath Kher & Ors. (1996) 8 SCC 762 concerning the prepar…
SRI GANGANAGAR URBAN CO-OPERATIVE BANK LTD.versusPRESCRIBED AUTHORITY AND ORS.
1997 INSC 4682 May 1997Disposed off
Ten workmen were employed by Sri Ganganagar Urban Co‑operative Bank in 1992 and were dismissed on 5 June 1992 without any prior notice or payment in lieu of notice. They filed an application before the Industrial Tribunal under Section 33(c‑2) of the Industrial Disputes Act seeking reinstatement with full back wages. T…
THE EXECUTIVE ENGINEERversusK. SOMASETTY AND ORS.
1997 INSC 4692 May 1997Appeal(s) allowed
The respondent was engaged on daily wages for a state‑run project that was closed, leading to his discharge. He filed a claim under Section 10 of the Industrial Disputes Act seeking continuity of service and back wages. The Labour Court and the Karnataka High Court held that he was entitled to reinstatement with back w…
SMT. RATAN KAURversusUNION OF INDIA AND ORS.
1997 INSC 4702 May 1997Disposed off
The case concerned a 68‑acre government lease in the Andaman & Nicobar Islands originally granted to Khansahib Naban Ali for 30 years in 1922. After his death, the lease was transferred to the appellant’s father‑in‑law and subsequently to the appellant, who applied for a renewal/assignment after the initial term expire…
THE ASSISTANT COMMERCIAL TAX OFFICER-CUM-ENTERTAINMENT TAX OFFICERversusSHRI NARASIMHAIAH AND ORS.
1997 INSC 3512 April 1997Appeal(s) allowed
The Supreme Court examined whether the Karnataka Entertainment Tax authorities could reassess "escaped turnover" for periods prior to the commencement of Rule 29‑F, which prescribes a five‑year limitation for exercising the power under Section 6‑B of the Karnataka Entertainment Tax Act, 1958. The High Court had held th…
S. GURDIAL SINGH AND ORS.versusLUDHIANA IMPROVEMENT TRUST
1997 INSC 3522 April 1997Dismissed
The Supreme Court heard an appeal by special leave against a Punjab & Haryana High Court order dismissing a writ petition that challenged the Ludhiana Improvement Trust's land acquisition. The Trust had issued notifications under the Punjab Town Improvement Act, 1922 (equivalent to Section 4(1) of the Land Acquisition …
KARUNA RAM MEDHI AND ORS.versusKAMAKHYA PRASAD BARUAH AND ANR.
1997 INSC 3532 April 1997Dismissed
The appellant (landlord) leased land to the respondent (tenant) in 1953 for seven years. The tenant built a house within five years, which was destroyed by fire in 1958 and subsequently rebuilt. The landlord served a notice to vacate on 12 December 1959 without the one‑month period required under Section 11 of the Assa…
DIRECTOR OF SCHOOL EDUCATIONversusT. LEKSHMAIAH AND ORS.
1997 INSC 3542 April 1997Appeal(s) allowed
The respondents, originally Senior Assistant Grade‑II teachers, were promoted to Grade‑I and claimed entitlement to graded advance increments based on their total length of service under Government Order (G.O.) No. 41 dated 4 February 1980. The Tribunal had set aside their claim on a procedural ground, holding that the…
STATE OF ORISSA AND ORS.versusSHRI RAMANATH PATNAIK
1997 INSC 3552 April 1997Appeal(s) allowed
Ramanath Patnaik, who entered the Orissa State service as a clerk in 1944, had his date of birth recorded as 1 January 1921 based on his matriculation certificate. After retiring in 1976, he filed a suit in 1981 seeking a declaration that his correct date of birth was 1 January 1925. The trial court dismissed the suit,…
VANKAMAMIDL VENKATA SUBBA RAOversusCHATLAPALLI SEETHARAMARATNA RANGANAYAKAMMA
1997 INSC 3562 April 1997Appeal(s) allowed
V. Satyanarayana died leaving his widow Raghavamma, a minor son (the appellant) and a daughter (the respondent). A 1955 compromise decree partitioned the estate, granting the widow a life interest with reversion to the son. After the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) Act, 1948, the settlem…
INDIAN AIRPORTS EMPLOYEES UNIONversusRANJAN CHATERJEE AND ANR.
1999 INSC 312 February 1999Dismissed
The Indian Airports Employees Union filed a contempt petition alleging that the airport authority failed to regularise six sweepers employed in the car‑parking area despite a Supreme Court direction to regularise sweepers after the abolition of contract labour. The respondents contended that the six workers were not co…
STEEL AUTHORITY OF INDIA LTD.versusJ.C. BUDHARAJA, GOVERNMENT AND MINING CONTRACTOR
1999 INSC 3751 September 1999Appeal(s) allowed
The Steel Authority of India Ltd. (appellant) challenged an arbitral award that granted damages for delay in handing over a work site, which the contract expressly prohibited. The appellant also argued that the claim was barred by the three‑year limitation period under the Limitation Act, 1963. The Supreme Court held t…
TAR MOHAMMED AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.
1997 INSC 3441 April 1997Dismissed
The appellants claimed tenancy rights over a 689.28‑acre partnership property that had been declared evacuee property after one partner migrated to Pakistan. They argued that, under Section 12(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, a tenancy existing before 14 August 1947 could not be …
RANDHIR SINGH AND ORS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
1997 INSC 3451 April 1997Dismissed
The appellants and respondents were holding haats (market places) on land in Uttar Pradesh. The dispute centered on whether the Settlement Officer under the U.P. Consolidation of Holdings Act, 1954 could adjudicate a case involving buildings on that land used for commercial purposes. Section 3(5) of the Act defines "la…
SEWA RAM AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 3461 April 1997Dismissed
Mohd. Marghoob Siddiqui, who had migrated to Pakistan before 1947 and became a Pakistani citizen, claimed Bhumidari rights of his mother Kabool Fatima after her death in 1965 and sold the land to the appellants. The Union of India and others initiated proceedings under the Enemy Property Act, 1968, asserting that Siddi…
PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.
1997 INSC 3471 April 1997Disposed off
The petitioners, manufacturers of Ayurvedic, Siddha and Unani drugs, challenged the amendment to Section 3(h) of the Drugs and Cosmetics Act, 1940, arguing that it arbitrarily prohibited the manufacture of drugs administered by the parenteral route and violated Articles 14 and 19(1)(g) of the Constitution. The Court ex…
PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.
1997 INSC 3481 April 1997Disposed off
Pratap Pharma Pvt. Ltd. and others filed writ petitions under Article 32 challenging the amendment of Section 3(h) of the Drugs and Cosmetics Act, 1940 (as amended by Act 68 of 1982), alleging it was arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution. The petitioners contended that the amendment ex…