INDUSTRIAL CREDIT & INVESTMENT CORPORATION OF INDIA LTD. AND ORS.versusKARNATAKA BALL BEARINGS CORPN. LTD. AND ORS.
1999 INSC 36931 August 1999Appeal(s) allowed
The appellants, ICICI Ltd., filed a suit for recovery of a large sum and sought under Order 40 Rule 1 of the CPC the appointment of a receiver with authority to sell the respondents' immovable properties before any decree. The Bombay High Court dismissed the application, relying on a Full Bench decision in State Bank o…
DISTRICT MINING OFFICER AND ORS.versusTATA IRON AND STEEL CO. AND ANR.
2001 INSC 32431 July 2001Disposed off
The Supreme Court examined the Cess and Other Taxes on Minerals (Validation) Act, 1992 to determine whether it merely validated cess and tax already collected under invalid State laws or also authorised fresh levy and collection of amounts due up to 4 April 1991. The Court held that the Act validates only the levy and …
ANSAL ENGINEERING PROJECTS LTD.versusTEHRI HYDRO DEVELOPMENT CORPORATION LTD. AND ANR.
1996 INSC 80731 July 1996Dismissed
Ansal Engineering Projects Ltd entered into a construction contract with Tehri Hydro Development Corporation Ltd (THDC) and furnished a bank guarantee of Rs 57,57,970 issued by UCO Bank in favor of THDC. After THDC terminated the contract, it invoked the guarantee and demanded payment. Ansal sought an injunction under …
SURESH SINGH AND ORS.versusSTATE OF HARYANA
1999 INSC 14231 March 1999Appeal(s) allowed
Ten persons were tried for forming an unlawful assembly and murdering Mahipal. The trial court convicted six, of whom the High Court upheld convictions of Suresh Singh and Mohinder Singh under s.302 IPC and of Chander Pal under s.304(1) IPC. The appellants argued that they acted in private defence as Mahipal was chasin…
SOUTH MALABAR GRAMIN BANKversusCO-ORDINATION COMMITTEE OF SOUTH MALABAR GRAM IN BANK H1PLOYEES UNION AND SOUTH MALABAR GRAMIN BANK OFFICERS FEDERATION AND ORS.
2001 INSC 5931 January 2001Disposed off
The case arose from writ petitions under Article 32 seeking pay parity for employees of South Malabar Gramin Bank (a Regional Rural Bank) with employees of nationalised commercial banks. A National Industrial Tribunal, chaired by Justice S. Obul Reddi, awarded parity based on the 4th and 5th Bipartite Settlements and t…
S.N. DHINGRA AND ORS.versusUNION OF INDIA AND ORS.
2001 INSC 6031 January 2001Dismissed
The petitioners, who were direct recruits to the Delhi Higher Judicial Service (DHJS) in 1988, challenged a gradation list prepared by the Delhi High Court that included five promotee respondents appointed as Chief Metropolitan Magistrates in 1986. The respondents argued that their appointments, though labelled "fortui…
C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.
1996 INSC 15431 January 1996Dismissed
The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport Authority, contended t…
U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL
1996 INSC 15631 January 1996Dismissed
The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years of service, was not…
PADAM SINGHversusSTATE OF U.P.
1999 INSC 53530 November 1999Appeal(s) allowed
Padam Singh was convicted by a Sessions Court and upheld by a two‑judge High Court bench for murder and related offences under Sections 302, 307, 148, 452, 324 and 149 of the IPC, based largely on the testimony of four eyewitnesses who were hostile to the accused. The prosecution failed to explain how three members of …
STATE OF HARYANA AND ORS.versusSHRI SURAJ BHAN
1996 INSC 125630 October 1996Appeal(s) allowed
Shri Suraj Bhan, a driver employed since 1970, was declared medically unfit to drive heavy vehicles in 1992 and retired in 1995. He sought a compassionate appointment for his son, and the Punjab and Haryana High Court ordered the appellant corporation to appoint the son on compassionate grounds. On appeal, the Supreme …
MITHILESH KUMARversusMANOHAR LAL
1996 INSC 125730 October 1996Appeal(s) allowed
Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily registrable document under S…
RABINDRA NATH GHOSALversusUNIVERSITY OF CALCUTTA AND ORS.
2002 INSC 41330 September 2002Dismissed
Rabindra Nath Ghosal appeared for an M.A. examination in 1984 but his result was not declared for several years. He later pursued another course, wrote to the University, and filed a writ petition for mandamus to compel publication of his result, which was eventually declared (he had failed). A single High Court judge …
NIRMALA ANANDversusADVENT CORPORATION (P) LTD. AND ORS.
2002 INSC 41430 September 2002Appeal(s) allowed
The appellant, Nirmala Anand, entered into a 1966 agreement to purchase a flat for Rs.60,000, paying Rs.35,000 before the seller's lease was cancelled, leaving the building incomplete. She sued for specific performance, but the High Court denied it and awarded damages; the Division Bench affirmed. On appeal, the Suprem…
SECY. (HEALTH) DEPTT. OF HEALTH AND F.W. AND ANR.versusDR. ANITA PURI AND ORS.
1996 INSC 97030 August 1996Appeal(s) allowed
The Punjab Public Service Commission advertised 21 Dental Officer posts requiring a B.D.S. degree and stating a preference for higher dental qualifications. Dr. Anita Puri, holding an M.D.S., filed a writ petition claiming that the preference clause entitled her to be selected, and the Punjab & Haryana High Court allow…
M. JAYAKUMAR AND ORS. ETC.versusSTATE OF TAMIL NADU AND ORS.
1996 INSC 97430 August 1996Appeal(s) allowed
The case concerned the interpretation of Tamil Nadu Ministerial Service Rules and special rules under G.O.Ms. No. 3134 regarding promotion of Assistants to Superintendents in the Urban Land Tax Department. The respondents argued that all city‑based units (Board of Revenue, Assistant Commissioner’s office, etc.) formed …
MOHAMMAD RAHMAT ALIversusTHE INSPECTOR OF REGISTRATION AND STAMPS, ANDHRA PRADESH AND ORS.
1996 INSC 97530 August 1996Appeal(s) allowed
Mohammad Rahmat Ali, appointed as a copyist in the Hyderabad Government in 1951, was later allotted to Andhra Pradesh services. After a suspension, conviction and subsequent acquittal, he was dismissed in 1981 and filed petitions for reinstatement and promotion. The Andhra Pradesh Administrative Tribunal dismissed his …
BISHAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.
1996 INSC 97630 August 1996Appeal(s) allowed
Three police officers, including the petitioners, led a peaceful procession after duty hours to present a grievance about inadequate accommodation to the Superintendent of Police, in violation of a prohibitory order. They were dismissed from service under Rule 16(2) of the Punjab Police Rules for alleged grave miscondu…
DANDA RAJESHWARIversusBODAVULA HANUMAYAMMA AND ORS.
1996 INSC 80230 July 1996Dismissed
The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh Panchayat Raj (Election T…
VIJAY PRATAP AND ORSversusSAMBHU SARAN SINHA AND ORS.
1996 INSC 80330 July 1996Dismissed
The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. The trial court held t…
PIRTHI @ SANS! ETC.versusJATI RAM AND ORS. ETC.
1996 INSC 80430 July 1996Dismissed
Petitioner Pirthi@ Sansi entered into an agreement on 6 May 1988 to sell agricultural land to Respondent No.1 and received part payment. Respondent No.1 filed a suit for specific performance in 1993, which the trial court decreed in his favour. On appeal, the Additional District Judge set aside the decree, holding that…
M.S.R. PRASADversusBOMMISETTI SUBBA RAO AND ORS.
1996 INSC 80530 July 1996Dismissed
The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, and the High Court …
SMT. BHATORIversusSMT. RAM PIARI
1996 INSC 80630 July 1996Appeal(s) allowed
The appellant, Sm. Bhatori, executed a general power of attorney in favour of respondent‑2, granting him authority to manage her agricultural land, including alienation. Respondent‑2 used this authority to file a suit against the appellant and subsequently executed sale deeds transferring the same land to his wife, Ram…
MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.
1997 INSC 45630 April 1997Appeal(s) allowed
The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to very low rates (e.g., R…
STATE OF HARYANAversusSMT. KAMLA AND ORS.
1996 INSC 58830 April 1996Appeal(s) allowed
The State of Haryana issued a notification under the Land Acquisition Act, 1894 and the Collector awarded compensation for acquired land. The respondents applied under Section 18 and a District Judge awarded compensation, after which the State executed the decree. The executing District Judge later awarded additional c…
THE MANAGING DIRECTOR 0.I.I.D.C., BHUBANESWARversusSARAT CHANDRA PATNAIK AND ANR.
1996 INSC 58930 April 1996Appeal(s) allowed
The Orissa Industrial Infrastructure Development Corporation (OIDC) offered a plot to Sarat Chandra Patnaik on a 90‑year lease; the respondent later sought a reduction in the lease consideration. The Orissa High Court directed that the matter be placed before the State Government for a final decision, invoking Sections…
HIS HOLINESS ACHARYA SWAMI GANESH DASSJIversusSH. SITA RAM THAPAR
1996 INSC 59030 April 1996Dismissed
Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the purchase, and the buyer sent…
C.V. RAJA RAO AND ANR.versusMIRZA BASHEER BAIG AND ORS
1996 INSC 59130 April 1996Dismissed
The petitioners claimed ownership of 4,922 square yards of land (Survey No. 202) in Lallaguda, Secunderabad and obtained injunction orders under sections 145 and 146 of the Code of Criminal Procedure. They alleged that the police were not providing assistance despite the injunctions. The Andhra Pradesh High Court quash…
ASSAM MADHYAMIK SIKSHAK ARU KARMACHARI SANSTHA, NAGAONversusTHE STATE OF ASSAM AND ORS.
1996 INSC 59230 April 1996Dismissed
The Supreme Court heard an appeal by the Assam Madhyamik Sikshak Aru Karmachari Sanstha challenging Section 4(3) of the Assam Secondary Education (Provincialisation) Act, 1977, which mandated retirement of teachers at age 58 unless they opted for a pension or CPF scheme. The appellants argued that, in the absence of ru…
C/M. ST. JOHN INTER COLLEGEversusGIRDHARI SINGH AND ORS.
2001 INSC 18930 March 2001Case Allowed
C/M. St. John Inter College, a minority educational institution under Article 30, terminated the services of its employees without obtaining prior approval of the Inspector as required by Section 16G(3)(a) of the U.P. Intermediate Education Act, 1921 and Regulation 44. The Allahabad High Court set aside the termination…
NIRMAL SINGHversusSTATE OF HARYANA
2000 INSC 17530 March 2000Dismissed
The appellant, an army personnel, was convicted of murdering four persons and attempting to murder twelve others under IPC sections 302 and 307 and Arms Act sections 25 and 27. Prior to his arrest, a magistrate recorded statements of 27 witnesses under Section 299 of the Criminal Procedure Code (CPC). By the time of tr…
RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.
1996 INSC 14830 January 1996Appeal(s) allowed
The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was sought, the appellan…
SESHAN AND ORS.versusTHE SPECIAL TEHSILDAR AND LAND ACOUISITION OFFICER, SIPCOT, PUDUKKOTTAJ
1996 INSC 14930 January 1996Appeal(s) allowed
The dispute arose from land acquired under a notification dated 17 October 1981, with possession taken in January 1982. The Land Acquisition Officer awarded compensation of Rs 2,000 per acre on 31 July 1982, which was later enhanced by the civil court to Rs 4,000 per acre (7 November 1983) and by the Madras High Court …
STATE OF HARYANAversusCHANDRA MANI AND ORS.
1996 INSC 15030 January 1996Appeal(s) allowed
The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" and held that the pro…
C. MASILAMANI MUDALIAR AND ORS.versusTHE IDOL OF SRI SWAMINATHASWAMI SWAMINATHASWAMI THIRUKOIL AND ORS.
1996 INSC 15130 January 1996Appeal(s) allowed
The case concerned property bequeathed by Somasundram Pillai in 1950 to his wife Sellathachi and his cousin's widow Janakathachi as maintenance. After the testator's death the widows possessed the land, but a power of attorney later alienated it, prompting a suit to declare the alienations illegal. The question before …
MUJEEB AND ANR.versusSTATE OF KERALA
1999 INSC 53229 November 1999Appeal(s) allowed
The appellants Mujeeb, Johnson and Akbar were accused of hiring the taxi of driver Balan, intoxicating him with a soft drink allegedly mixed with sleeping tablets, strangling him, and disposing of his body, followed by tampering with the vehicle's registration. The prosecution relied solely on circumstantial evidence, …
M/S. C.S. COMPANY AND ORS.versusKERALA STATE ELECTRICITY BOARD
1996 INSC 124629 October 1996Dismissed
The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed amount. The trial court …
ALL INDIA INSTITUTE OF MEDICAL SCIENCES EMPLOYEES UNION (REGD.) THROUGH ITS PRESIDENTversusUNION OF INDIA AND ORS.
1996 INSC 124729 October 1996Dismissed
The All India Institute of Medical Sciences Employees Union filed a complaint against Dr. S.K. Kacker alleging an offence under Section 409 of the IPC. The police took no action, and the Union approached the Delhi High Court under Article 226 seeking a mandamus directing the CBI to investigate. The High Court refused t…
M/S. MOTORS AND INVESTMENTS LTD.versusTHE NEW BANK OF INDIA AND ORS.
1996 INSC 124829 October 1996Disposed off
Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered substantially higher s…
KOLI CHUNILAL SAVJI AND ANR.versusSTATE OF GUJARAT
1999 INSC 44529 September 1999Dismissed
The husband and mother‑in‑law of Dhanuben were alleged to have set fire to her and her son, resulting in their deaths. Two dying declarations were recorded – one by a police officer and another by an Executive Magistrate – but the trial court excluded them and acquitted the accused of murder while convicting them under…
STATE OF MAHARASHTRAversusSH. MARUTI SHRIPATI DUBAL
1996 INSC 96929 August 1996Dismissed
Shri Maruti Shripati Dubal, a police constable, suffered a head injury in a 1981 road accident and was subsequently diagnosed with schizophrenia. He attempted self‑immolation on 27 April 1985 and was charged under Section 309 of the Indian Penal Code. While the case was pending, he challenged the constitutional validit…
DURGA OIL COMPANYversusSTATE OF U.P. AND ORS.
1998 INSC 27529 July 1998Dismissed
Durga Oil Co., a dealer licensed under Form XI of the Petroleum Rules, stored high‑speed diesel (Petroleum Class B) in an underground tank exceeding 1,000 litres and dispensed it through a pump. The District Supply Officer ordered the company to cease using the tank, and the Allahabad High Court dismissed the company's…
D-BLOCK ASHOK NAGAR (SAHIBABAD) PLOT HOLDERS ASSOCIATION (REGD.)versusSTATE OF U.P. AND ORS.
1997 INSC 44629 April 1997Leave Granted & Allowed
The appellant Plot Holders Association challenged the award made under the Land Acquisition Act, 1894 for a large parcel of land in Sahibabad, contending that the authorities were not liable to pay solatium and interest under the 1984 amendment. The Special Land Acquisition Officer had already granted compensation, sol…
STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.
1997 INSC 44729 April 1997Leave Granted & Allowed
The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for the Jabalpur zone, …
UNION OF INDIA AND ANR.versusSHRI RISAL SINGH
1997 INSC 44829 April 1997Leave Granted & Dismissed
The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land Acquisition Officer and late…
SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.
1997 INSC 44929 April 1997Leave Granted & Allowed
The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by the High Court to Rs 2…
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6
1997 INSC 45029 April 1997Leave Granted & Allowed
The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced the award to Rs 17,00…
UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.
1997 INSC 45129 April 1997
The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the High Court later gra…
UDAY MOHANLAL ACHARYAversusSTATE OF MAHARASIITRA
2001 INSC 18429 March 2001Appeal(s) allowed
The appellant was remanded to judicial custody for offences under the IPC and the Maharashtra Protection of Interest of Depositors Act. After the statutory 60‑day period for filing a charge‑sheet elapsed, he applied for bail, asserting the indefeasible right under the proviso to Section 167(2) of the CrPC. The Special …
K. KARUNAKARANversusSTATE OF KERALA AND ANR.
2000 INSC 16729 March 2000Dismissed
During K. Karunakaran's tenure as Chief Minister, the Kerala State Supplies Corporation entered into a contract for importing palmolein, which was later alleged to be corrupt. A petition under Article 226 seeking registration of a criminal case was dismissed by the High Court, and a subsequent FIR filed by an oppositio…
T. VENKATA NARAYANA AND ORS,versusSMT. VENKATA SUBBAMMA (DEAD) AND ORS.
1996 INSC 46129 March 1996Appeal(s) allowed
In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in their favour, but th…
D. S. THIMMAPPAversusSIDDARAMAKKA
1996 INSC 46229 March 1996Dismissed
Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered payment in June 1976…
MOHSIN UNISSAversusTAMIL NADU PUBLIC SERVICE COMMISSION
1996 INSC 46329 March 1996Appeal(s) allowed
The appellant, a temporary employee of the Tamil Nadu Public Service Commission in 1975‑76, was later regularised as a Junior Assistant in the Finance Department in August 1990, subject to passing a Tamil language test. She had passed the test in 1977 while serving temporarily, but was required to retake it after regul…
M.P. CHANDORIAversusSTATE OF M.P. AND ORS.
1996 INSC 46429 March 1996Dismissed
The appellant, a direct recruit Deputy Collector in Madhya Pradesh, joined service on 15‑02‑1967 and was placed on probation. He passed the prescribed departmental test on 27‑06‑1972 and was confirmed on 13‑03‑1973. He claimed that his seniority should be backdated to his date of joining, but the State Administrative T…
SATYA NARAIN PAREEKversusSTATE OF RAJASTHAN AND ANR.
1996 INSC 46529 March 1996Dismissed
The appellant, a permanent Lower Division Clerk in the Technical Education Department of Rajasthan, was deputed to a tenure post in the Transport Department and later repatriated to his parent department. He challenged the repatriation, alleging that his lien in the parent department had been suspended and that he shou…
UNION OF LNDIA AND ORS.versusDHARMA PAL AND ORS. ETC.
1996 INSC 46629 March 1996Disposed off
The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City Compensatory Allowance (CCA), w…
SURJIT SINGH AND ORS.versusBALBIR SINGH
1996 INSC 33329 February 1996Dismissed
The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants later filed a civil s…
RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.
1996 INSC 33429 February 1996Dismissed
The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting judge, raising conc…
M/S. MARSHALL SONS AND CO. (I) LTD.versusM/S SAHI ORETANS (P) LTD. AND ANR.
1999 INSC 2929 January 1999Disposed off
Marshall Sons & Co. (I) Ltd., the landlord, obtained a decree for eviction against four defendants for non‑payment of rent and unlawful sub‑letting. The decree was not executed, and the respondents continued to occupy the premises. The respondents later filed a declaratory suit claiming tenancy rights and the trial cou…
KESAR SINGH AND ORS.versusSADHU
1996 INSC 13929 January 1996Appeal(s) allowed
The respondents filed a suit in 1978 to recover possession of land based on a 1924 declaratory decree that arose from a customary right to contest alienation under the Punjab Custom (Power to Contest) Act, 1921. The appellants, who had purchased the land, challenged the decree, arguing that the 1973 Amendment Act had a…
SATISH KUMARversusTHE JALANDHAR IMPROVEMENT TRUST, JALANDHAR AND ANR.
1996 INSC 14029 January 1996Dismissed
The petitioner, Satish Kumar, challenged his appointment as Pumpset Operator by the Jalandhar Improvement Trust, claiming entitlement to equal pay under Article 39(d) and Article 14 of the Constitution. He argued that despite lacking the minimum qualification prescribed for the post, he performed the same duties as qua…
STATE OF HARYANAversusPALA AND ORS.
1996 INSC 14129 January 1996Appeal(s) allowed
In December 1989, the deceased Rati Ram was attacked by two accused who struck him with musals on the head and body, causing multiple injuries. He died five days later from septicaemia that the autopsy report linked to the head injury, which was deemed sufficient to cause death in the ordinary course of nature. The tri…
MALKIAT SINGHversusSTATE OF PUNJAB AND ORS.
1996 INSC 14229 January 1996Appeal(s) allowed
Malkiat Singh, a police constable appointed on 20 April 1990, was discharged on 22 July 1992 on the grounds of prolonged absence and alleged irregular attendance, which the authorities claimed demonstrated his inefficiency. The record showed three instances of absence: a six‑hour tardiness on 10 September 1990, a night…
DR. P.N. PURI AND ORS.versusSTATE OF U.P. AND ORS.
1996 INSC 14329 January 1996Dismissed
The petitioners, who were employees of urban local bodies, filed a writ petition seeking equal pay on par with Medical Officers at a scale of Rs. 2200‑4000 and arrears dating back to 1986. The Anomaly Committee had recommended that such employees be placed on the said pay scale, effective from 7 November 1994, and the …
KARAM SINGHversusSTATE OF PUNJAB & ANR.
1996 INSC 14429 January 1996Dismissed
Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. The Punjab & Haryan…
S.C. MANDAKKI ETC.versusTHE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICE ETC.
1996 INSC 14529 January 1996Dismissed
The appellant, appointed as a Junior Laboratory Technician on 3 May 1979, voluntarily transferred to the post of First Divisional Assistant on 28 October 1986 within the same department. He sought an advance increment under Karnataka Civil Services (Time Bound Advancement) Rules, 1983, which is granted after ten years …
STATE OF MAHARASHTRAversusMILIND AND ORS.
2000 INSC 54328 November 2000Appeal(s) allowed
The State of Maharashtra challenged the admission of Milind, who had obtained a caste certificate claiming he belonged to the Halba Scheduled Tribe, on the ground that he was actually a member of the Koshti caste. The High Court had held that a sub‑tribe enquiry was permissible and that Halba‑Koshti could be treated as…
DANIAL LATIFI AND ANR.versusUNION OF INDIA
2001 INSC 46828 September 2001Dismissed
The petitioners, a group of Muslim women, challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, arguing that it discriminated against them by excluding Muslim divorced women from the protection of Section 125 of the Code of Criminal Procedure. The Court examined whether…
J.R. PRASHAR, ADVOCATE AND ORS.versusPRASANT BHUSHAN, ADVOCATE AND ORS.
2001 INSC 40128 August 2001Dismissed
The petitioners alleged that three respondents organised a dharna outside the Supreme Court on 30 December 2000, shouted abusive slogans attacking the integrity of the judges and assaulted the petitioners to pressure the Court into favouring their Narmada dam case. The respondents filed affidavits denying that any cont…
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…
STATE OF MAHARASHTRAversusLALJIT RAJSHI SHAH AND ORS.
2000 INSC 10828 February 2000Dismissed
The State of Maharashtra appealed against a Bombay High Court decision that held the chairman and managing committee members of a cooperative society were not "public servants" for purposes of Section 21 of the Indian Penal Code (IPC) and the Prevention of Corruption Act (PCA). The respondents had been prosecuted for o…
MOHAN SINGH AND ANR.versusSTATE OF M.P.
1999 INSC 2728 January 1999Case Partly allowed
Mohan Singh and Kailash Singh were convicted of murder under Section 302 read with Section 34 of the IPC, with Mohan Singh also convicted under the Arms Act. They appealed, challenging the post‑mortem finding of blackening under the wound, the reliability of eyewitness identification in low light, the lack of detail in…
BIHAR STATE HOUSING BOARD AND ORS.versusSATYA NARAYAN PRASAD (DEAD) BY L.RS. AND ORS.
1998 INSC 4328 January 1998Appeal(s) allowed
The Bihar State Housing Board cancelled a residential plot allotted to S.N. Prasad in Sri Krishna Nagar because he already possessed another plot in Sri Krishna Puri, contrary to the Rules for Settlement of Land Acquired and Developed by the State Government at Patna. Prasad had sworn affidavits stating he and his fami…
GULINGAPPA AND ORSversusASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, GULBARG
1997 INSC 7228 January 1997Dismissed
The petitioners, Gurlingappa and others, challenged the compensation awarded by the Land Acquisition Officer under the Land Acquisition Act, 1894 for land acquired for the Amerja Project. The officer had fixed Rs. 3,000 per acre, which the District Court enhanced to Rs. 6,300 (dry land) and Rs. 9,820 (cultivable land);…
SHAMA PRASHANT RAJEversusGANPATRAO AND ORS.
2000 INSC 46427 September 2000Dismissed
The landlord applied to the Rent Controller under Section 13(3)(ii),(iii) and (iv) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, seeking eviction on grounds of habitual rent default, sub‑letting and bona‑fide personal need. The Controller found the tenant guilty on all grounds and g…
LAXMANversusSTATE OF MAHARASHTRA
2002 INSC 35227 August 2002Directions issued
The appellant was convicted on the basis of the deceased's dying declaration, which was recorded by a judicial magistrate and supported only by a doctor's certificate that the patient was conscious, not that she was of sound mind. The appellant challenged the reliability of the declaration, citing Paparambaka Rosamma (…
GOVT. OF ANDHRA PRADESH AND ORS.versusMOHD. GHOUSE MONINUDDIN AND ORS.
2001 INSC 39727 August 2001Dismissed
The Supreme Court examined appeals filed by the Government of Andhra Pradesh against an Andhra Pradesh Administrative Tribunal order that directed re‑determination of seniority and promotion for non‑gazetted posts in the Commercial Tax, Revenue and Police Departments. The Tribunal had held that the State Government's 1…
UNION OF INDIA AND ORS. ETC.versusK.G. KULKARNI ETC.
1997 INSC 32627 March 1997Leave Granted & Allowed
K.G. Kulkarni, a former sorter in the Railway Mail Service who was working as a clerk in the Speed Post Section, was denied an opportunity to appear for the departmental examination for promotion to Postal Superintendent/Postmaster Group B. He challenged the decision before the Central Administrative Tribunal, which se…
U.P. STATE ROAD TRANSPORT CORPORATION, ALIGARHversusSTATE OF U.P. AND ORS.
1997 INSC 32727 March 1997Appeal(s) allowed
The Uttar Pradesh State Road Transport Corporation sought higher compensation for 24.9 acres of land acquired for a road transport depot. The Collector initially awarded Rs. 11.25 per square yard, which was enhanced to Rs. 25 per square yard by the Additional District Judge under Section 18 of the Land Acquisition Act.…
GANPATBHAI M. SOLANKIversusDISTRICT COLLECTOR, VADODARA AND ANR.
1997 INSC 32827 March 1997Dismissed
The case concerned the Baroda District Cooperative Milk Producers' Union Ltd., where the Committee was elected for a three‑year term, but the Collector convened a meeting to elect a President and Vice‑President for a one‑year term. The petitioners argued that, under Sections 74‑C and 145(2) of the Gujarat Co‑operative …
STATE OF U.P. AND ANR.versusBRIJ NATH MISRA
1997 INSC 32927 March 1997Leave Granted & Allowed
B.N. Misra was appointed on an ad‑hoc basis as an Ayurvedic Medical Officer in October 1983. After an unauthorised five‑year absence, a government order dated 8 September 1989 allowed him to resume duty upon production of a fitness certificate, treating the absence as a break in service. A selection committee later fou…
DR. S.C.V. REDDY, AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.
1997 INSC 33027 March 1997Leave Granted & Allowed
The Supreme Court examined the applicability of the Mysore Agricultural Department Service (Recruitment) Rules, 1961, to determine the inter‑se seniority between directly recruited officers and promotees in the Karnataka Agricultural Service. The appellants contended that the Karnataka Administrative Tribunal erred in …
SRI KANYAKA PARAMESWARI ANNA SATRAM COMMITTEE AND ORS. ETC.versusTHE COMMISSIONER, HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS AND ORS. ETC.
1997 INSC 33127 March 1997
The Sri Kanyakaparameswari Committee claimed that its temple was a denominational institution entitled to protection under Articles 26(b) and 26(d) of the Constitution, seeking exemption from the Andhra Pradesh Charitable and Religious Institutions Endowment Act, 1987. The High Court recognized a denominational status …
MADANLAL SETHI AND ORS. ETC.versusSTATE OF M.P. AND ORS. ETC.
1997 INSC 33227 March 1997Dismissed
The appellants, owners of saw‑mills, challenged the constitutionality of the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the M.P. Transit (Forest Produce) Rules, 1961, contending that the mandatory maintenance of detailed records (Forms D‑1, D‑2, D‑3) and the consequent risk of confiscation violated t…
STATE OF PUNJAB AND ORS.versusG.S. GILL AND ANR.
1997 INSC 33327 March 1997Leave Granted & Allowed
The State of Punjab appointed a general‑category employee as Junior Technical Assistant and later promoted a Scheduled Caste candidate to the sole Assistant Superintendent post, which was reserved under the roster. The aggrieved general‑category employee sought a mandamus to de‑reserve the post, arguing that reservatio…
RAJEEV MANKOTIAversusTHE SECRETARY TO THE PRESIDENT OF INDIA AND ORS.
1997 INSC 33427 March 1997Disposed off
The petitioner, Rajeev Mankotia, filed a writ petition under Article 32 seeking protection of the Viceregal Lodge in Shimla as an ancient monument of national importance, opposing the Union Government's plan to convert it into a tourist hotel. The Court examined the definition of "ancient monument" and the duties of th…
RAMACHANDRA REDDY AND CO.versusSTATE OF ANDHRA PRADESH AND ORS.
2001 INSC 12027 February 2001
The appellant, a contractor, claimed a higher rate for extra hard‑rock excavation under a government contract, invoking Clause 63 and alleged an error apparent on the face of the arbitral award. The arbitral panel had rejected the claim, and the trial court remitted the award for reconsideration under Section 16 of the…
BROOKE BOND INDIA LTD.versusCOMMISSIONER OF INCOME TAX, WEST BENGAL-III.
1997 INSC 20327 February 1997Dismissed
The appellant, Brooke Bond India Ltd., a public limited company, issued ordinary shares at a premium to increase its share capital and incurred Rs 13,99,305 in expenses, which it claimed as a deductible revenue expense under Section 37(1) of the Income Tax Act, 1961. The Assessing Officer disallowed the deduction on th…
WEST BENGAL STATE ELECTRICITY BOARDversusM/S FAKIR CHAND RICE MILLS AND ORS.
1996 INSC 32127 February 1996Disposed off
The West Bengal State Electricity Board claimed Rs 28,68,264.06 from Fakir Chand Rice Mills for alleged pilferage in electricity consumption. The trial court ordered the mill to pay Rs 2,60,000, which the High Court later modified to a direction to deposit Rs 5,60,000 without adjudicating the liability. The mill appeal…
SECRETARY TO GOVT., TAMIL NADU AND ORS.versusK. VINAYAGAMURTHY
2002 INSC 34926 August 2002Dismissed
The Tamil Nadu Government, under its excise policy for Indian‑made foreign liquor, allowed existing retail licence holders to renew their licences. In 2002 it issued new orders abolishing renewal and directing a fresh draw of lots for all 7,000 shops, increasing privilege fees and re‑categorising shops. Existing licenc…
KUTTIYAPPANversusUNION OF INDIA AND ORS.
1996 INSC 94626 August 1996Dismissed
The petitioners, selected for promotion under a 25% internal quota, joined their posts in October 1990, while direct recruits under the same quota joined earlier in August 1990. The petitioners claimed that, because their selection process began earlier, they were entitled to seniority over the direct recruits. The Cen…
THE UNION OF INDIAversusSHRI SUBE RAM AND ORS.
1996 INSC 94726 August 1996Appeal(s) allowed
The Union of India acquired land in Delhi under the Land Acquisition Act, 1894 and awarded compensation, which was subsequently enhanced by the Land Acquisition Officer and the Additional District Judge. The High Court, relying on the 1984 Amendment Act, further enhanced the compensation by granting a 30% solatium and …
STATE OF KARNATAKA AND ORS.versusD.C. NANJUDAIAH AND ORS.
1996 INSC 94826 August 1996Appeal(s) allowed
The State of Karnataka issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 August 1982 and later conducted an enquiry under Section 5‑A, after which a declaration under Section 6 was published on 24 June 1985. Two writ petitions challenged both the notification and the declaration; the Karn…
STATE OF U.P. AND ORS. ETC.versusDR. R.K. TANDON AND ORS. ETC.
1996 INSC 79726 July 1996Disposed off
The Supreme Court dealt with the inter‑se seniority of ad‑hoc doctors in the Uttar Pradesh Provincial Medical and Health Service after the State Government attempted to regularise them under the U.P. Regulation of Ad‑hoc Appointees Rules, 1979. The Court examined whether doctors who were not selected by the Public Serv…
STATE OF MADHYA PRADESHversusR.P. SHARMA
1996 INSC 79826 July 1996Appeal(s) allowed
The respondent, a Chief Engineer, had his date of birth in service records corrected from 30‑Nov‑1936 to 28‑Jun‑1938, prompting a complaint to the Lokayukta who, after a trial‑like inquiry, concluded the correct date was 30‑Nov‑1936 and recommended his retirement and recovery of salary. The State acted on the Lokayukta…
UNION OF INDIAversusMADRAS TELEPHONE S.C. AND S.T., SOCIAL WELFARE ASSOCIATION, ETC.
2000 INSC 25026 April 2000Disposed off
The Madras Telephone SC/ST Social Welfare Association sought a direction that the eligibility list for promotion from Junior Engineer to Assistant Engineer be based on the year of confirmation, but the Central Administrative Tribunal had ordered the list to be based on the year of passing the qualifying examination. Th…
KANS RAJversusSTATE OF PUNJAB AND ORS.
2000 INSC 25126 April 2000Case Partly allowed
The Supreme Court examined the death of Sunita Kumari, who was found dead by asphyxiation three years after her marriage. The husband, Rakesh Kumar, and his relatives were initially convicted under Sections 304‑B, 306 and 498‑A IPC, but the High Court acquitted all of them. On appeal, the Court held that a presumption …
MIS VEECUMSEES, MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS
1996 INSC 58626 April 1996Appeal(s) allowed
Veecumsees, a jeweller, also operated a cinema theatre (Safire Theatre) for which it obtained loans in 1961. The theatre was built in 1962 and ran until it was sold as a going concern on 31 July 1965. The Income Tax Officer disallowed interest on those loans as a deduction under Sec. 36(1)(iii) of the Income Tax Act fo…
STATE REP. BY C.B.I. AND ANR.versusM. KURIAN CHIEF FUNCTIONARY OF THE CROSS
2001 INSC 17426 March 2001Appeal(s) allowed
The respondent society applied for registration under the Foreign Contribution (Regulation) Act, 1976, specifying a particular bank branch for receiving foreign contributions. It later received drafts from a foreign donor and deposited them in a different bank branch, failing to intimate the Central Government as requi…
GURDIAL KAUR AND ORS.versusKARTAR KAUR AND ORS.
1998 INSC 15826 March 1998Dismissed
The case concerned a registered will allegedly executed by Hamam Singh in favour of the appellants, Gurial Kaur and others. Although the will bore the Sub‑Registrar’s endorsement and the executant was said to have been identified by a village Lambardar, the trial court set aside the will on grounds of suspicion, which …
TASADDUG HUSSAIN KHANversusSHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANR.
1998 INSC 15926 March 1998Dismissed
The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money decree, later re‑auctio…
PREETAMversusSTATE OF MADHYA PRADESH
1996 INSC 45326 March 1996Appeal(s) allowed
Preetam and his brother Ishwar Lal were tried for the murder of Chhita. The trial court acquitted both, but the State appealed. The High Court set aside Preetam’s acquittal, relying on a confession recorded by a magistrate and on property recoveries allegedly made pursuant to that confession, while rejecting eye‑witnes…
JIWAN DASSversusSTATE OF HARYANA
1999 INSC 8826 February 1999Disposed off
Jiwan Dass and Mittar Pal Yadav, employees of the Government Heat Treatment Centre, were authorized to procure 10,000 litres of light diesel oil from Indian Oil Corporation. The diesel delivered was short by 4,300 litres. The prosecution charged both under Section 409 of the IPC for criminal breach of trust. The Suprem…
U.P. SHIKSHA AND EDUCATION BOARDversusRAJENDER PRASAD GUPTA
1996 INSC 31226 February 1996Appeal(s) allowed
Rajender Prasad Gupta was appointed as an untrained temporary teacher on 5 May 1964 and was required to undergo training. He was given two opportunities to attend training in 1968 and 1969 but did not avail them, after which his service was terminated without notice. He challenged the termination, and the Service Tribu…
G. SUNDARESWARARAOversusTHE GOVERNMENT OF A. P. AND ORS.
1996 INSC 31326 February 1996Dismissed
The petitioner, a Junior Scientific Officer in the Andhra Pradesh Institute of Preventive Medicine Service, claimed he met the qualifications for promotion to Senior Scientific Officer but was denied because Rule 4(b) of the service's ad‑hoc rules required a minimum of five years of post‑graduate experience in food ana…
STATE OF BIHAR AND ORS.versusRAMDEO YADAV AND ORS.
1996 INSC 31426 February 1996Appeal(s) allowed
The Bihar government took over Reghunandan Babula Kanya Middle School on 13 January 1981 under the Bihar Non‑Government Primary School (Taking Over Control) Act, 1976. Two teachers, Ramdeo Yadav and Raj Narain Yadav, who had been appointed as untrained teachers after 1 January 1971 and later completed the required trai…
UNION OF INDIA AND ORS.versusS. J. THANAWALA AND ANR.
1996 INSC 31526 February 1996Dismissed
The case concerned a salt factory operated by the respondents on a 138-acre leasehold that was due for renewal on 1 July 1983. The Union of India claimed title to the land and sought to compel the respondents to accept its title and obtain a renewed licence, while the respondents asserted that they held title under a C…
SHIMLA DEVELOPMENT AUTHORITYversusASHA RANI
1996 INSC 31626 February 1996Appeal(s) allowed
The respondent applied for a flat under the Shimla Development Authority's Self‑Finance Scheme in 1986, paid an earnest deposit and was initially quoted a construction cost of Rs 1,44,000. In 1991 the Authority raised the cost to Rs 2,73,332 due to material price hikes and, after the District Judge enhanced the compens…
SHAFALI NANDWANIversusSTATE OF HARYANA
2002 INSC 40725 September 2002Appeal(s) allowed
The Supreme Court examined a dispute over the allocation of a vacant M.D. (Medicine) seat at PGIMS, Rohtak. Both the appellant, Shafali Nandwani, and Respondent No.4 had qualified in the 2000 entrance exam, with the respondent ranking higher. After two rounds of counselling, a seat became vacant when a candidate chose …
KAISER-I-HIND PVT. LTD. AND ANR.versusNATIONAL TEXTILE CORPORATION (MAHARASHTRA NORTH) LTD. AND ORS.
2002 INSC 40625 September 2002Dismissed
The Supreme Court examined whether the President’s assent under Article 254(2) of the Constitution applies only to the specific repugnancies identified by the State or confers a blanket supremacy to the State law over all central statutes. The Court held that the President’s consideration and assent are limited to the …
AHMEDversusSTATE OF GUJARAT
2000 INSC 41325 August 2000Appeal(s) allowed
The appellant Ahmed was found in possession of 9 g of charas after a search of his person by an empowered gazetted officer following a raid based on prior information. During the search the accused requested to be taken before a magistrate or another gazetted officer, but the police refused. He was convicted under Sect…
M/S ISPAT ENGINEERING AND FOUNDRY WORKS, B.S. CITY, BOKAROversusM/S STEEL AUTHORITY OF INDIA LTD. B.S. CITY, BOKARO
2001 INSC 31625 July 2001Appeal(s) allowed
Mis Ispat Engineering & Foundry Works (appellant) and Mis Steel Authority of India Ltd (respondent) referred their disputes to two arbitrators, whose disagreement led to an umpire being appointed. The umpire issued a non‑speaking award directing the respondent to pay Rs 2,44,000 to the appellant, which was made a rule …
JOG RAMversusSTATE OF HARYANA AND ORS .
1996 INSC 78625 July 1996Dismissed
Jog Ram, the appellant, possessed 30 bighas 13 biswas of land that had been evacuee property taken over by the State of Haryana for distribution. In 1967 the land was auctioned and Fateh Singh (respondent No.5) was the highest bidder; the sale was confirmed. In 1968 Jog Ram applied for confirmation of sale and was conv…
MIS. MALWA OIL MILLS AND ANR.versusSTATE OF M.P. AND ORS.
1996 INSC 78725 July 1996Dismissed
The appellants, Malwa Oil Mills, purchased plots 4 and 5 from the erstwhile owners after taking possession of land that had been notified under Section 71 of the Madhya Pradesh Town Improvement Trust Act, 1960 for a housing scheme, and later sought to retain a sign‑board placed on the property. The State of Madhya Prad…
STATE OF PUNJAB AND ORS.versusSADHU RAM
1996 INSC 78825 July 1996Appeal(s) allowed
The Supreme Court examined a dispute arising from land acquired by the Government of Punjab under the Land Acquisition Act, 1894, where the award and compensation were paid to the original owners. After the bridge was completed, the respondent, Sadhu Ram, entered possession as a yearly lessee in 1965, later purchasing …
RAM SINGHversusSTATE OF UTTAR PRADESH AND ORS.
1996 INSC 78925 July 1996Dismissed
The appellant, Ram Singh, had cut down trees that existed on his land as of 24 January 1971 and replanted new trees. The issue before the Supreme Court was whether the newly planted trees could be classified as "grove land" under Section 23(8) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which…
SMT. DAROTHI CLARE PARREIRA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 79025 July 1996Dismissed
The appellants, former owners of surplus urban land in Pune, were deemed to possess excess land under the Urban Land (Ceiling and Regulation) Act, 1976. After objections were rejected, a notification under Section 10(3) was published vesting the surplus land in the State, before the appellants' applications under Secti…
UJAGAR SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.
1996 INSC 79225 July 1996Appeal(s) allowed
The Collector, under the PEPSU Tenancy and Agricultural Lands Act, 1955, determined that Inder Singh held 18.82 standard acres of surplus land and ordered its surrender in July 1961, after which the land was taken over by the State and redistributed to landless persons. Subsequent consolidation proceedings revealed tha…
RAJ MANIversusTHE COLLECTOR, RAIPUR
1996 INSC 79325 July 1996
The appellant's land was acquired and a compensation award of Rs.1,000 per acre was made. He applied for a reference under Section 18 of the Land Acquisition Act, 1894, but the court’s notice was not properly served; the notice was allegedly served on a deceased father. The reference court dismissed the case ex‑parte f…
MURRAY AND CO.versusASHOK KR. NEWATIA AND ANR.
2000 INSC 24325 April 2000Disposed off
The Supreme Court heard a contempt petition filed by Murray & Co. against Ashok K.R. Newatia and others after the respondents filed an affidavit in a transfer petition falsely claiming that the petitioner had not sold or dealt with the disputed immovable property, contrary to the facts. The Court examined whether such …
D. STEPHEN JOSEPHversusUNION OF INDIA AND ORS.
1997 INSC 43725 April 1997Leave Granted & Dismissed
The case concerned the interpretation of a promotion rule reserving 50% of Assistant Engineer posts for candidates holding a degree in Electrical Engineering and three years of regular service as Junior Engineers. The dispute was whether the three‑year service requirement should be counted from the date the degree was …
K.M.S. UBAIDA AND ANR.versusSTATE OF KERALA AND ANR.
1998 INSC 15525 March 1998Dismissed
The appellants challenged a decision that land under systematic teak plantation was classified as private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. They argued that clause (c) of Section 2(2)(1)(c) exempts lands principally cultivated with any agricultural crop, and that teak plantatio…
DILWAN SINGH AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS ETC. ETC.
1996 INSC 43625 March 1996Appeal(s) allowed
The Supreme Court examined an appeal by ex‑servicemen challenging the State of Haryana's recruitment policy that required the selection board to consider ex‑servicemen and their dependent children together for posts reserved for ex‑servicemen. The appellants argued that the policy undermined the purpose of reservation,…
MAJOR RADHA KRISHANversusUNION OF INDIA AND ORS.
1996 INSC 43725 March 1996Appeal(s) allowed
The appellant, a Major in the Indian Army, was served a notice under Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954, proposing termination of his service for misconduct alleged to have occurred about seven years earlier. The notice claimed that a court‑martial trial was impracticable because the t…
BALBIR SINGH NEG!versusUNION OF INDIA & ORS.
1996 INSC 43925 March 1996Dismissed
Balbir Singh Neg, after completing 33 years of service, filed an application for voluntary retirement under Rule 48‑A of the Civil Services (Pension) Rules, 1972, which was accepted to take effect on 30 June 1991. He later sought to withdraw the application before it became effective, but the Central Administrative Tri…
PILLA SITARAM PATRUDU AND ORS.versusUNION OF INDIA AND ORS.
1996 INSC 44025 March 1996Dismissed
The case concerned K.R. Ramanandan, a direct recruit selected in 1977 as Assistant Executive Engineer but appointed only in 1981 due to administrative delays. After passing his test, he was not considered for promotion to Executive Engineer, prompting an appeal before the Central Administrative Tribunal (CAT). The CAT …
UNION OF INDIA AND ANR. ETC.versusLAXMAN GAJANAN DESAI AND ANR. ETC.
1996 INSC 44125 March 1996Disposed off
The Union of India appealed against the renewal of a salt‑pan licence granted to the respondents, Laxman Gajanan Desai and others, on the ground that title to the land was still in dispute. The Bombay High Court had directed that the licence could be renewed without the respondents conceding title, pending a decision b…
STATE OF KARNATAKA AND ORSversusKRISHNOJI REO AND ANR.
1996 INSC 44225 March 1996Appeal(s) allowed
The State of Karnataka appealed a High Court order that had directed the grant of 201 acres 34 guntas of waste land to the respondents, Krishnoji Reo and Anr., for grazing and afforestation under the Bombay Paragana and Kulkarni Watan (Abolition) Act, 1950. The land had earlier been allotted by the Assistant Commission…
JAGBIR SINGHversusSTATE OF HARYANA AND ORS .
1996 INSC 44325 March 1996Appeal(s) allowed
The appellant, recruited as a Constable in the Haryana Police under the sports quota, was promoted to Head Constable in 1984 and confirmed in 1987. He later received a show‑cause notice for de‑confirmation and was promoted on an ad‑hoc basis to Assistant Sub‑Inspector in 1990. While undergoing training, his name was re…
TARLOK SINGHversusVIJAY KUMAR SABHARWAL
1996 INSC 44425 March 1996Appeal(s) allowed
The appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, 1989, under Order 6 …
NAGAMMAI COTTON MILLS ETC.versusASSTI. DIRECTOR, REGIONAL OFFICE OF THE TEXTILES COMMISSIONER, MINISTRY OF TEXTILES ETC.
1996 INSC 44525 March 1996Appeal(s) allowed
The appeal concerned Nagammayi Cotton Mills' liability under the Essential Commodities Act, 1955 and the Textile (Control) Order, 1986/1993 regarding the mandatory production of hank yarn. The petitioner sought to have past liability waived for the periods April 1 1993‑March 31 1995 and April 1 1990‑September 30 1992, …
BHARMAPPA NEMANNA KAWALE AND ANR.versusDHODI BHIMA PATIL AND ORS.
1996 INSC 44625 March 1996Appeal(s) allowed
The civil court had decreed an eviction suit against the appellant, holding that he was not a tenant, and the decree became final. During execution, the appellant raised a fresh objection that there was no jural relationship because he claimed to be a tenant. The Bombay High Court, in Writ Petition No. 3319 of 1992, di…
MIS. MEDCHL CHEMICALS AND PHARMA PVT. LTD.versusM/S. BIOLOGICAL E. LTD. AND ORS.
2000 INSC 10325 February 2000Appeal(s) allowed
Medchl Chemicals & Pharma Ltd. entered into a supply agreement with Biological E. Ltd. for raw materials. The respondents allegedly failed to supply as promised, causing a loss of about one crore rupees to the petitioner, and the petitioner filed a criminal complaint under IPC sections 120B, 415, 418, 420 and 34. The A…
M/S. SOUTH INDIA STEEL ROLLING MILLS, MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS
1997 INSC 19925 February 1997Dismissed
The appellant, a partnership firm, had claimed a development rebate under sections 33(1)(a) and 34(3)(a) of the Income Tax Act for several assessment years. One partner died, causing the firm to dissolve on 3 March 1968, before the eight‑year utilisation period prescribed by section 34(3)(a). A new partnership was form…
J.G. ENGINEER'S PVT. LTD.versusCALCUTTA IMPROVEMENT TRUST AND ANR.
2002 INSC 4825 January 2002Appeal(s) allowed
J.G. Engineer's Pvt. Ltd., a contractor, had its contract with Calcutta Improvement Trust (CIT) terminated on the basis of an engineer's certificate alleging non‑completion of work. The dispute was referred to arbitration, where the arbitrator held that the termination was wrongful and awarded the contractor Rs 24.8 mi…
STATE OF U.P. AND ANR.versusRAJENDRA SINGH
1996 INSC 13225 January 1996Appeal(s) allowed
The State of U.P. acquired 5.357 acres of agricultural land in Azamgarh for a project. The Land Acquisition Officer initially fixed compensation at Rs 3,658.87 per acre, which the claimant challenged under Section 18 of the Land Acquisition Act, 1894. The reference court raised the award to Rs 30,000 per acre, and the …
BIHAR STATE ELECTRICITY BOARD AND ORS.versusM/S. ALLIED REFRACTORIES (PVT.) LTD. AND ORS.
1996 INSC 13325 January 1996Appeal(s) allowed
The Bihar State Electricity Board entered into a contract with Mis. Allied Refractories requiring the consumer to pay a minimum guaranteed charge for electricity. The consumers failed to consume the guaranteed amount because of frequent trippings, load shedding and power cuts, and under Clause 13 of the contract they w…
STATE OF MADHYA PRADESHversusS.S. AKOLKAR
1996 INSC 13425 January 1996Appeal(s) allowed
The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after the court was inform…
STATE OF U.P.versusBANKE SINGH AND ANR
1996 INSC 13525 January 1996Appeal(s) allowed
The State appealed against the order that excluded a parcel of land from surplus land on the basis of a will executed in 1978. The respondents claimed a one‑fourth share in the surplus land, arguing that the will of Smt. Gajraji bequeathing the share to her nephew should exempt the land from ceiling provisions. The iss…
S. SWVIGARADOSSversusZONAL MANAGER, F.C.I.
1996 INSC 13625 January 1996Dismissed
The petitioner, born in 1941 to parents who had converted to Christianity before his birth, later reconverted to Hinduism at age 14 and claimed to be an Adi‑Dravida Scheduled Caste to obtain SC benefits in his employment with the Food Corporation of India. He filed a suit for a declaration of Scheduled Caste status; th…
STATE OF ORISSA AND ORS.versusUNION OF INDIA AND ANR.
2000 INSC 54224 November 2000Appeal(s) allowed
The Government of Orissa acquired land for a railway line and handed it to the Railway Administration, which extracted rock cut spoils and earth (minor minerals) for laying the track. The State’s revenue authorities demanded royalty and cess under the Orissa Minor Mineral Concession Rules, 1990. The Railway Administrat…
RASHTRIYA MILL MAZDOOR SANGHversusNATIONAL TEXTILE CORPORATION (SOUTH MAHARASHTRA) LTD. AND ORS.
1995 INSC 78324 November 1995Dismissed
The case concerned a claim for gratuity under the Payment of Gratuity Act, 1972 by an employee who resigned on 22 March 1983, before the management of his employer, Finlay Mills Ltd., was taken over by the National Textile Corporation (NTC) under the Textile Undertakings (Take Over of Management) Act, 1983. The employe…
KULDEEP SINGHversusGANPAT LAL AND ANR.
1995 INSC 78424 November 1995Dismissed
The tenant, Kuldeep Singh, was sued for eviction by his landlords for allegedly defaulting on six months' rent. He claimed to have paid the rent in cash for May‑September 1982, but the landlords refused to give a receipt and returned the money, after which he deposited the rent for May‑October 1982 in the court on 29 O…
HAFIZ WASHI AHMEDversusKUTUBUDDIN AND ORS.
1996 INSC 109924 September 1996Appeal(s) allowed
Hafiz Washi Ahmed filed a suit for injunction to protect his possession of a portion of land and a structure, claiming exclusive title based on an alleged gift, while the land was partly declared evacuee property. The trial court held that the factual question of whether the disputed portion was part of the evacuee pro…
STATE OF MADHYA PRADESHversusSWAROPCHANDRA
1996 INSC 110024 September 1996Dismissed
The truck bearing No. 9493 was seized by a Divisional Forest Officer for carrying 22 logs of timber without a permit under the Madhya Pradesh Ven Upaj Vyapar Viniyaman Act, 1969. The driver compounded the offence by paying Rs.1,000, but the truck was not released because its value was not paid, leading to its confiscat…
JAGANNATH KASHINATH PATILversusNARAYAN BALUGAIKAR
1996 INSC 110124 September 1996Dismissed
The respondent filed a suit to remove a structure erected by the appellant and to restrain interference with his possession of a 50 ft x 30 ft plot. The plot originally belonged to the respondent's maternal grandmother, who had executed a possessory mortgage in favor of Pukharaj, who later returned the mortgage deed an…
STATE OF KARNATAKA AND ANR.versusUPPEGOUDA AND ORS. ETC.
1996 INSC 110224 September 1996Appeal(s) allowed
The State appealed against a Karnataka High Court order that denied registration of occupancy to a tenant, Puppegouda, who had been in possession of 2 acres 30 gunthas of land since 1950 under successive lease renewals. The Karnataka Tenancy Act, 1961 protected his possession, and the Land Reforms (Amendment) Act, 1974…
CHATTAR SINGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.
1996 INSC 110324 September 1996Disposed off
The Supreme Court examined a challenge by OBC candidates to the proviso of Rule 13 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, which allowed a 5% relaxation in preliminary‑exam cut‑off marks for Scheduled Caste (SC) and Scheduled Tribe (ST) cand…
P.K. PRADHANversusSTATE OF SIKKIM REPRESENTED BY THE CENTRAL BUREAU
2001 INSC 30424 July 2001Dismissed
The appellant, P.K. Pradhan, a former Secretary of the Rural Development Department of Sikkim, and the then Chief Minister were charged under Section 120‑B IPC and the Prevention of Corruption Acts for conspiring to award rural water‑scheme contracts at low rates. The Special Judge held that no prior sanction under Sec…
DHURANDHAR PRASAD SINGHversusJAI PRAKASH UNIVERSITY AND ORS.
2001 INSC 30824 July 2001Appeal(s) allowed
The appellant, D.P. Singh, sued Jai Prakash University and others for a declaration that an order terminating his services was illegal. The suit was decreed ex parte against the college's governing body, which later became a constituent unit of the university, but the university was not impleaded. In execution, the uni…
THE STATE OF WEST BENGALversusLOHIT KUMAR ROY
1996 INSC 77924 July 1996Appeal(s) allowed
The State of West Bengal acquired 985.95 acres of land in Durgapur for industrial purposes under the Land Acquisition Act, 1894, with an initial notification in 1956 that later lapsed and a second notification in 1964. The Land Acquisition Officer fixed compensation at Rs. 2,310 per acre, but the reference court enhanc…
MR. M. GOVINDA RAJUversusTHE SPECIAL LAND ADDITIONAL LAND ACQUISITION OFFICER AND ANR. ETC.
1996 INSC 78024 July 1996Dismissed
The appellants filed appeals under Section 54 of the Land Acquisition Act seeking compensation of Rs.75,000 per acre but paid court fees based on a lower valuation of Rs.60,000 per acre. After a separate case enhanced compensation to Rs.75,000, they applied to pay the deficit court fee to obtain the higher amount. The …
SHRI PREM BALLABH BELWALversusSTATE OF U.P. AND ORS.
1996 INSC 77824 July 1996Dismissed
The appellant, Prem Ballabh Belwal, was a tenure‑holder of 182 acres of bhumiswami land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. His wife, Basanti Devi, held 24 acres as an Asami (occupancy) right. The question before the Supreme Court was whether the wife's land, held only in occupation, should…
KASHI VIDYAPITHversusMOTILAL AND ORS.
1996 INSC 78124 July 1996Appeal(s) allowed
The case concerned Kashi Vidyapith, a deemed university under the U.P. State Universities Act, which sought acquisition of land for its campus, staff quarters, hostels and playground. The High Court had set aside the declaration under Section 6 of the Land Acquisition Act, holding that the university was not an “other …
UNION OF INDIA AND ANRversusCHARANJIT S. GILL AND ORS
2000 INSC 23124 April 2000Dismissed
The respondent, a Major in the Indian Army, was tried by a General Court Martial (GCM) for offences under Sections 39(1) and 63 of the Army Act. The GCM appointed a Captain as Judge‑Advocate, a rank lower than the accused. The GCM convicted and sentenced the Major, the sentence was later revised to dismissal and confir…
GANTUSA H. BADDI (DEAD) BY LRS.versusMEERABAI G. PAI AND ORS.
2000 INSC 23224 April 2000Appeal(s) allowed
The landlord sought eviction of the deceased tenant Gantusa H. Badri's premises under Sections 21(1)(a), (h) and (p) of the Karnataka Rent Control Act, 1961, alleging arrears and that the tenant had acquired an alternative suitable building through a partnership firm. The Munsiff dismissed the eviction, but the revisio…
UNION OF INDIA AND ANR.versusRAVI SHANKAR AND ANR.
1998 INSC 11324 February 1998Appeal(s) allowed
The Union of India appealed against a decision of the Central Administrative Tribunal that had directed consideration of two respondents for future vacancies as Pharmacists under the Central Government Health Scheme Delhi (Group C) Ayurvedic Recruitment Rules, 1978, by relaxing the qualification requirement. The respon…
KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.
1997 INSC 5224 January 1997Dismissed
The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed before the High Court,…
KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.
1996 INSC 12124 January 1996Dismissed
Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State Insurance Act, 1948 and i…
YADAVRAO P. PATHADE (DEAD) BY LRS. ETC.versusSTATE OF MAHARASHTRA
1996 INSC 12224 January 1996Disposed off
The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the High Court refused inte…
STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM
1996 INSC 12324 January 1996Appeal(s) allowed
The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, re‑appreciated the evidence, con…
STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.
1996 INSC 12424 January 1996Appeal(s) allowed
The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage appointment as a regular pos…
RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.
1996 INSC 12524 January 1996Appeal(s) allowed
The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was dismissed. While these p…
RAMESH K.SHARMA AND ANR.versusRAJASTHAN CIVIL SERVICES AND ORS.
2000 INSC 54023 November 2000Dismissed
The appellants, direct recruits as Commercial Tax Inspectors, challenged seniority lists that placed them above respondents who had been absorbed from the Land and Building Tax Department under the Rajasthan Absorption of Surplus Personnel Rules, 1969. The respondents argued that their original appointments in 1974 wer…
UNION OF INDIA AND ORS.versusSHAH GOVERDHAN L. KABRA TEACHERS COLLEGE
2002 INSC 43623 October 2002Appeal(s) allowed
A private college offering a B.Ed. vacation course applied for recognition under the National Council for Teacher Education (NCTE) Act, 1993, but the application was rejected and the course was de‑recognised. The college challenged the de‑recognition and the constitutional validity of Section 17(4) of the NCTE Act befo…
MRS. SEEMA KUMARI SHARMAversusSTATE OF HIMACHAL PRADESH AND ANR.
1996 INSC 120623 October 1996Appeal(s) allowed
The appellant, a candidate for Junior Basic Teacher training in Himachal Pradesh, claimed extra marks under the selection criteria for candidates belonging to Integrated Rural Development Programme (IRDP) families. The Director of Education’s notice allotted 10 marks for IRDP status, but the appellant’s claim was rejec…
JASWANT SINGH AND ANR.versusTHE STATE OF PUNJAB
1996 INSC 109423 September 1996Appeal(s) allowed
The appellants, who were employed as drivers, became blind while in service and applied for alternative appointment. The employer removed them from service instead of providing a suitable post. The Supreme Court examined the issue in light of the precedent set in Anand Bihari v. Rajasthan S.R.T.C., which laid down a sc…
HARJINDER SINGH SODHIversusSTATE OF PUNJAB AND ORS,.
1996 INSC 109523 September 1996Dismissed
Harjinder Singh Sodhi challenged his non-selection to the Punjab Civil Services Executive Branch, arguing that the Punjab Public Service Commission (PPSC) failed to properly assess merit, that the government falsely claimed no vacancy existed, and that the 50% weight given to interview marks was arbitrary, especially s…
THE AGRICULTURAL PRODUCE MARKET COMMITTEE BY ITS SECRETARY ETC.versusTHE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER AND ANR. ETC.
1996 INSC 109623 September 1996Disposed off
The Agricultural Produce Market Committee sought acquisition of about 4.5 acres of land for its extension. The Land Acquisition Officer initially awarded compensation at Rs.0.76 per square foot, which the Civil Judge enhanced to Rs.8.50 per square foot, and the Karnataka High Court later reduced to Rs.7 per square foot…
MADHAVKRISHNA AND ANR.versusCHANDRA BHAGA AND ORS.
1996 INSC 109723 September 1996Appeal(s) allowed
Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title and possession and ob…
GUPTA STEEL INDUSTRIESversusM/S. JOLLY STEEL INDUSTRIES PVT. LTD. AND ANR.
1996 INSC 109823 September 1996Disposed off
The parties entered into a compromise decree while an appeal was pending, obligating the respondents to deposit specified sums and the appellants to surrender possession of land and machinery. The respondents failed to deposit the amounts by the stipulated deadline; the High Court later accepted the delayed payment and…
THE SPECIAL LAND ACQUISITION OFFICER, SRIRANGAPATNAMversusNAGEGOWOA
1996 INSC 93623 August 1996Appeal(s) allowed
The Special Land Acquisition Officer acquired 5 acres 21 gunthas of land for a canal under a Section 4(1) notification of the Land Acquisition Act, 1894. The officer initially awarded Rs 4,800 per acre, which was enhanced by a civil judge to Rs 20,000 per acre and upheld by the High Court. On appeal, the Supreme Court …
JOYACHAN M. SEBASTIANversusTHE DIRECTOR GENERAL AND ORS.
1996 INSC 93723 August 1996Dismissed
Joyachan M. Sebastian was initially appointed as Clerk Grade‑II at the Doordarshan Television Station, Kohima on 21 September 1983. The post was abolished on 8 June 1983 and he was transferred, at his option, to the Doordarshan Kendra, Salem on 6 August 1984, and later, at his request, to Trivandrum on 26 March 1987. H…
THE DIVISIONAL FOREST OFFICER AND ORS.versusS. NAGESHWARAMMA
1996 INSC 93823 August 1996Appeal(s) allowed
The respondent held a mining lease granted in 1979 for extracting minerals in a forest area, which expired in 1984. The Forest Conservation Act, 1980, which came into force in 1980, requires prior central government approval for any mining in forest areas. In 1989 the respondent applied for renewal of the lease without…
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATIONversusNAROTTAMBHAI MORARBHAI AND ANR.
1996 INSC 93923 August 1996Appeal(s) allowed
The Gujarat Industrial Development Corporation acquired 861,515 sq m of waste land on the outskirts of Surat for industrial development under a notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs 5 per sq m, which was later enhanced to Rs 25 per sq m by an e…
STATE OF KERALA AND ANR.versusRADHAMANY
1996 INSC 94023 August 1996Appeal(s) allowed
The State of Kerala sought recovery of arrears owed by an abkari contractor, Vasudevan, who defaulted on dues as of 1 April 1969. A demand notice was issued on 17 June 1969, after which the contractor transferred three acres of agricultural land to his wife on 30 June 1969. The Tehsildar issued a notice of attachment o…
PAPAIAHversusSTATE OF KARNATAKA AND ORS.
1996 INSC 94123 August 1996Dismissed
The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 declares a…
THE DISTRICT COLLECTOR AND ORS.versusSMT. SHAIK HASMATH BEEBI
2001 INSC 22323 April 2001
The State Government detained Smt. Shaik Hasmath Beebi under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, and the detention was confirmed by an advisory board. The detenu applied for temporary release under Section 15 of the same Act on 27 April 2000; the application was received on 2 M…
J. ASHOH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.
1996 INSC 57323 April 1996Dismissed
J. Ashok Kumar appealed against the Andhra Pradesh Administrative Tribunal’s dismissal of his claim that he was entitled to a 5% weightage in marks as an NCC-qualified candidate under the amended Rule 4 of the Andhra Pradesh Excise Service Rules (G.O. Ms. No. 1136, 13‑September‑1986). The petitioner had applied for the…
STATE OF U.P. AND ANR.versusLALSARAM
2001 INSC 11423 February 2001Appeal(s) allowed
Lalsa Ram, a direct‑recruit Naib Tehsildar, was promoted to Deputy Collector solely on seniority. The Uttar Pradesh government later ordered his compulsory retirement under Rule 56(c) of the U.P. Fundamental Rules, relying on several adverse entries in his service record that pre‑dated his promotion. The Allahabad High…
SURINDER KAURversusSTATE OF PUNJAB AND ORS.
1996 INSC 30823 February 1996Appeal(s) allowed
Surinder Kaur, who had served as Sarpanch of Gram Panchayat Dialgarph for 15 years, attempted to file her nomination papers for the Sarpanch election scheduled on 18 January 1993. On 17 January, her husband was detained by police and the 7th respondent, Tara Singh, forcibly seized and destroyed her nomination papers. D…
SHAIK SAIDULU @ SAIDAversusCHUKKA YESU RATNAM AND ORS.
2002 INSC 4123 January 2002Appeal(s) allowed
The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed two‑month period but sough…
M.V. RAJASHEKARAN AND ORS.versusVATAL NAGARAJ AND ORS.
2002 INSC 4223 January 2002Appeal(s) allowed
The Karnataka Government appointed Vatal Nagaraj as Chairman of a One Man Commission to study the problems of Kannadigas in border areas and accorded the post cabinet rank with a budgetary allocation of Rs.5 lakh for expenses. When Nagaraj filed his nomination for the Karnataka Legislative Council, the Returning Office…
STATE OF RAJASTHANversusRAM NARAIN AND ORS.
1996 INSC 11623 January 1996Appeal(s) allowed
The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a fine on the first a…
SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.
1996 INSC 11723 January 1996Granted
The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities declared the appellant h…
BALARPUR INDUSTRIES LTD.versusSTATE OF GUJARAT AND ORS.
1996 INSC 137722 November 1996Disposed off
Balarpur Industries Ltd. sought to quash a notification under Section 4(1) of the Land Acquisition Act, 1894 that acquired land needed for a public purpose, contending that the acquisition would block ingress and egress to its factory. The respondents, including the acquiring authority and a fourth respondent who would…
C. PADMA AND ORS.versusTHE DY. SECRETARY TO THE GOVT. OF TAMIL NADU AND ORS.
1996 INSC 137822 November 1996Dismissed
The appellants owned land that was acquired by the Government of Tamil Nadu in 1962 under the Land Acquisition Act, 1894 for a synthetic resin plant of Reichold Chemicals. The acquisition became final, compensation was paid, and the land vested in the State. Subsequently, the land was transferred to subsidiaries of the…
STATE OF TAMIL NADUversusHIS HOLINESS SRILLA SRI AMBALAVANA PANDARA SANNADHI ADHEENAKARTHA AND ORS.
1996 INSC 137922 November 1996Appeal(s) allowed
The State of Tamil Nadu appealed a Special Tribunal order that granted a ryotwari patta to a religious institution over land cultivated by numerous tenants. The Court first held that, under Article 136, it could entertain the appeal even though the State had not previously appealed the Tribunal's order. It then examine…
SHIMLA DEVELOPMENT AUTHORITY AND ORSversusSMT. SANTOSH SHARMA AND ANR.
1996 INSC 138022 November 1996Dismissed
The case concerned land acquired under the Land Acquisition Act, 1894 where the acquisition officer initially fixed compensation at Rs 40,000 per bigha. The District Judge enhanced the amount to Rs 1,00,000 per bigha, but the High Court, on appeal, deducted 40 % of the enhanced compensation as development charges, in l…
STATE OF TAMIL NADUversusRAJENDRAN
1999 INSC 43522 September 1999Appeal(s) allowed
The accused Rajendran, a jobless alcoholic, was alleged to have strangled his wife and set fire to their hut, resulting in the deaths of his wife and two daughters. The trial court, relying on a series of corroborative circumstantial facts – including repeated quarrels, the accused’s presence in the house at the time o…
MEENA JAYENDRA THAKURversusUNION OF INDIA AND ORS.
1999 INSC 43622 September 1999Dismissed
The State of Maharashtra detained Jayendra Vishnu Thakur under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 5 February 1992 based on customs statements that silver smuggled from Dubai was intended for him. The detention order was served only on 13 August 1993, afte…
RUDRA KUMAR SAIN AND ORS. ETC.versusUNION OF INDIA AND ORS.
2000 INSC 40822 August 2000Case Partly allowed
The case concerned the inter‑se seniority of officers in the Delhi Higher Judicial Service appointed either by direct recruitment from the Bar or by promotion from the Delhi Judicial Service. The Delhi High Court had prepared seniority lists that excluded promotees appointed under Rules 16 and 17 on the ground that the…
SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 42522 April 1997Leave Granted & Dismissed
The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ petitions were filed ch…
GURUDEVDATIA VKSSS MARYADIT AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2001 INSC 16422 March 2001Dismissed
The appellants sought a restrictive voters list under the Maharashtra Cooperative Societies (Second Amendment) Act, 2000, arguing that the amendment should apply to societies that had already become members before the amendment. The High Court dismissed their writ, holding the list was finalised before the amendment. T…
THE STATE OF BIHAR AND ORS. ETC.versusSAMSUZ ZOHA ETC.
1996 INSC 42722 March 1996Appeal(s) allowed
The Supreme Court examined the Bihar Government's policy of appointing dependents of deceased employees on compassionate grounds to Class IV posts, while reserving Class III posts for promotion. Several candidates appointed to Class IV filed writ petitions seeking promotion or fresh appointment to Class III. The Patna …
K. JAYADEVAN NAIRversusKRISHNA PILLAI (DEAD) AND ORS.
1996 INSC 42822 March 1996Appeal(s) allowed
In this appeal, the appellant, a member of a Hindu undivided family, claimed that he was in possession of the entire family property based on a family arrangement dating from 1977. The respondents contended that the property was self‑acquired by their father and therefore not subject to partition, asserting that the ap…
THE FINANCIAL COMMISSIONER (TAXATION) PUNJAB AND ORS.versusHARBHAJAN SINGH
1996 INSC 42922 March 1996Appeal(s) allowed
The respondent, a displaced person, obtained a land assignment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, through fraud and collusion with revenue officials. The Settlement Officer initially granted the assignment, later set it aside upon discovering the fraud. The Financial Commissioner (…
BASHIR AHMAD AND ORS.versusSTATE OF PUNJAB AND ORS.
1996 INSC 43022 March 1996Dismissed
The appellants, originally employed as cleaners and later promoted to drivers in the Punjab Poultry Department, were retrenched as surplus. When the government announced direct recruitment for drivers, they applied but were rejected for lacking the prescribed qualifications of a light‑vehicle driving licence and knowle…
STATE OF PUNJAB AND ORS.versusSURJIT SINGH CONDUCTOR
1996 INSC 43122 March 1996Appeal(s) allowed
The State of Punjab and others instituted disciplinary proceedings against Surjit Singh, a railway conductor, for failing to issue tickets. A charge‑sheet was filed, and although the Enquiry Officer found misconduct, the disciplinary authority disagreed with the report, held the charges proved and imposed two punishmen…
CHANDIGARH ADMINISTRATION THROUGH THE ESTATE OFFICER, UNION TERRITORY, CHANDIGARHversusM/S JOHNSON PAINTS AND VARNISH CO.
1996 INSC 43222 March 1996Appeal(s) allowed
The Chandigarh Administration (Estate Officer) appealed against a High Court order that directed it to re‑allot an industrial site (No. 187‑B) to M/s Johnson Paints & Varnish Co. The site had been allotted in 1965 to Kulraj Singh Paul, cancelled for default, resumed, re‑allotted, and again resumed in 1981. The responde…
SMT. GOWRAMMA ETC.versusLAO-CUM-MANDAL REVENUE OFFICER PARTI RANGAREDDY DISTRICT
1996 INSC 43322 March 1996Case Partly allowed
The Supreme Court examined compensation for land acquired under the Land Acquisition Act, 1894 where possession was taken in 1986 and an award was made in 1990. The High Court had relied on a prior judgment (Ex A‑2) to fix compensation at Rs 22 per square yard after adjusting for time lag, dismissing the claimants' app…