COMMISSIONER OF INCOME TAX TAMIL NADU-V MADRASversusKOTAGIRI INDUSTRIAL CO-OPERATIVE TEA FACTORY LTD., KOTAGIRI
1997 INSC 2335 March 1997Appeal(s) allowed
The Kotagiri Industrial Co‑operative Tea Factory Ltd., a co‑operative society, earned Rs 85,150 in the assessment year 1972‑73 and had carried forward losses of Rs 1,82,744. It claimed a deduction of Rs 53,386 under section 80‑P(2) of the Income Tax Act. The Income Tax Officer first set off the carried forward losses u…
PITAMBAR HEMLAL BADGUJAR (DEAD) BY LRS. AND ORS.versusSUB-DIVISIONAL OFFICER, DHULE AND ANR.
1996 INSC 1825 February 1996Dismissed
The appellants, heirs of the deceased Pitambar Hemlal Badgujar, challenged the compensation awarded by the Sub‑Divisional Officer for two parcels of land acquired under the Land Acquisition Act, 1894 for a market committee. The acquisition notifications dated 30 October 1965 and 11 March 1971 resulted in compensation f…
M.C. DHINGRAversusUNION OF INDIA AND ORS.
1996 INSC 1835 February 1996Appeal(s) allowed
M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but limited them to employees…
L. RAJAIAHversusINSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.
1996 INSC 1845 February 1996Disposed off
The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant was passed over in f…
STATE OF BIHAR AND ORS.versusCHHANGUR PRASAD SETH
1996 INSC 1855 February 1996Appeal(s) allowed
Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession certificate and claimed …
STATE OF ORISSAversusRAJAKISHORE DAS
1996 INSC 1865 February 1996Appeal(s) allowed
The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After the acquisition awa…
RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR.versusLADULAL MALI
1996 INSC 1875 February 1996Appeal(s) allowed
The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. Mali then filed an e…
CENTRAL BUREAU OF INVESTIGATIONversusNAZIR AHMED SHEIKH
1996 INSC 245 January 1996Appeal(s) allowed
Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year limitation prescribed under S…
ASTEKAAR NAGANAATHA RAO AND ORS. ETC.versusTHE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER AND ORS. ETC.
1996 INSC 255 January 1996Appeal(s) allowed
Around 300 acres of agricultural land in Belgaum were requisitioned in 1942 for an Air Force station. The acquisition notification was issued only in 1983 and the Land Acquisition Officer fixed compensation at Rs.6,000 per acre, which the civil court enhanced to Rs.70,400 per acre using a hypothetical layout method. Th…
DR. CHANDRA PRAKASH AND ORS.versusSTATE OF U.P. AND ANR.
2002 INSC 5154 December 2002Case Allowed
The petitioners were doctors temporarily appointed by the Governor of Uttar Pradesh against substantive vacancies between 1965 and 1976. They sought seniority to be counted from the date of their initial appointments, relying on the earlier Mathur judgment, and challenged the applicability of the 1979 ad‑hoc appointmen…
WEST BENGAL STATE ELECTRICITY BOARDversusCALCUTTA ELECTRIC SUPPLY CORPN. LTD.
2001 INSC 5954 December 2001Dismissed
The West Bengal State Electricity Board (the Board) had initially consented to the establishment of a new thermal generating station at Budge Budge, but the project cost later escalated. The licensee, Calcutta Electric Supply Corporation Ltd., sought further Board consent for the revised cost, which the Board approved …
RAJ KUMAR KARANWALversusTHE COMMISSIONER AND ANR.
1996 INSC 12754 November 1996Dismissed
The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease for the same amount,…
UNION OF INDIA AND ORS.versusMAJOR R.N. MATHUR
1996 INSC 12764 November 1996Appeal(s) allowed
Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the appointment letter and …
UNION OF INDIAversusK.R. THAMPI
1996 INSC 12774 November 1996Appeal(s) allowed
The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an Administrative Officer. Th…
UNION OF INDIA AND ORS.versusSITARAM SHIVHANDRAI GARODIA AND ANR.
1996 INSC 12784 November 1996Disposed off
The Union of India sought to acquire 130 acres 19 guntas of land in Survey No. 249 for a railway project under the Land Acquisition Act, 1894. The railway later withdrew its proposal, and the respondents challenged the acquisition, arguing that the earlier High Court had set aside eviction proceedings and that they wer…
SOWRASHTRA VIPRA SABHAversusTHE NAMAKKAL MUNICIPALITY AND ANR.
1996 INSC 12794 November 1996Dismissed
The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of encumbrances. Lower courts h…
M.Y. GHORPADEversusSHLVAJI RAO M. POAL AND ORS.
2002 INSC 3644 September 2002Dismissed
The appellant, M.Y. Ghorpade, challenged the Karnataka High Court's order that his election petition was maintainable despite the security for costs of Rs.2,000 being deposited by the respondent's election agent rather than the petitioner himself. The central issue was whether Section 117 of the Representation of Peopl…
AMMONIA SUPPLIES CORPORATION (P) LTD.versusMODERN PLASTIC CONTAINERS PVT. LTD. AND ORS.
1998 INSC 3474 September 1998Case Partly allowed
Ammonia Supplies Corp. (P) Ltd. claimed it had invested in 50% of the shares of Modern Plastic Containers Pvt. Ltd., a claim the respondent denied. The appellant filed a petition under Sections 397, 398 and 155 of the Companies Act, 1956 seeking rectification of the register of members. The Delhi High Court dismissed t…
STATE OF KERALAversusBABU AND ORS.
1999 INSC 2214 May 1999Dismissed
In a Sessions trial, the accused sought to summon the police case diary of a different investigation (Cr. No.81/91) to confront a witness (PW‑5) with his earlier statement recorded under Section 161, and also prayed to recall the witness. The Sessions Judge allowed the application, but the State of Kerala and the victi…
THE LAND ACQUISITION OFFICERversusSHIVABAI AND ORS.
1997 INSC 3714 April 1997Leave Granted & Allowed
The case concerned land acquired under the Land Acquisition Act, 1894 for the Sriram Sagar Project. After the award of compensation was made on 22 November 1965, the claimants received the payment without protest. They later filed a writ petition alleging that a reference under Section 18 of the Act had not been made a…
DHANNA SINGH AND ORS.versusBALJINDER KAUR AND ORS.
1997 INSC 3724 April 1997Leave Granted & Dismissed
The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser from the first defend…
THE STATE OF WEST BENGAL AND ANR.versusARUN KUMAR BASU AND ANR.
1997 INSC 3734 April 1997Leave Granted & Allowed
The respondents, liquidators of the former West Bengal Provincial Company Ltd., challenged the State's acquisition of about 30 miles of land for a railway line, arguing that the vesting under the West Bengal Estates Acquisition Act, 1953 did not apply to non‑agricultural land and that the Collector's failure to take po…
THE STATE OF BIHAR AND ORS.versusSYED ASAD RAZA AND ORS.
1997 INSC 3744 April 1997Leave Granted & Dismissed
Maulana Azad College, Ranchi, a minority institution, had entered into a 1972 agreement that no new posts could be created without the Vice‑Chancellor’s prior permission. After the Bihar State Universities Act, 1976 came into force, the college created a post and appointed Syed Asad Raza in 1979. The issue was whether …
L.N. VENKATESANversusTHE STATE OF TAMIL NADU AND ORS.
1997 INSC 3754 April 1997Dismissed
The petitioner, L.N. Venkatesan, challenged land acquisition proceedings that began with a notification under Section 4(1) of the Land Acquisition Act, 1894 (published 11‑June‑1975) and a declaration under Section 6 (published 3‑March‑1978). He obtained interim court orders in 1982 and 1986 that restrained the Land Acq…
SHRI SURESH CHANDRAversusSHRI J.B. AGARWAL AND ORS.
1997 INSC 3764 April 1997Leave Granted & Allowed
The appellant, Suresh Chandra, an Assistant Manager (Electrical), sought promotion to the solitary Senior Manager (Electrical) post using the rule of roster (reservation) for Scheduled Castes and Scheduled Tribes. The respondents filed a writ petition contending that reservation could not be applied to a single‑post ca…
RAJASTHAN STATE ELECTRICITY BOARD ACCOUNTANTS ASSOCIATION, JAIPURversusRAJASTHAN STATE ELECTRICITY BOARD AND ANR.
1997 INSC 994 February 1997Dismissed
The Rajasthan State Electricity Board Accountants Association challenged Entry 19 of the 1974 Regulations, which reserved 25% of promotion vacancies for accountants holding ICWA/DCWA qualifications and required a longer seven‑year service period for those without such qualifications. The association argued that the pro…
RAJNEESH AGGARWALversusAMIT J. BHALLA
2001 INSC 54 January 2001Appeal(s) allowed
The appellant, Rajneesh Aggarwal, presented three cheques drawn on Bank of Baroda by Bhalla Techtran Industries Ltd. and signed by its director, Amit J. Bhalla. The cheques were dishonoured and the appellant served a notice to the director, demanding payment within 15 days. After no payment was made, a criminal complai…
UNION OF INDIA AND ORS.versusM. ASLAM AND ORS.
2001 INSC 64 January 2001Disposed off
The employees of defence unit‑run canteens filed applications before the Central Administrative Tribunal (CAT) seeking benefits available to regular defence personnel, arguing that the canteens are part of the Canteen Stores Department (CSD) and thus under the Ministry of Defence. The Union of India contended that the …
STATE OF KARNATAKA AND ANR.versusB. SUVARNA MALINI AND ANR.
2001 INSC 74 January 2001Appeal(s) allowed
The State of Karnataka employed part‑time lecturers for periods of ten to twenty years but failed to regularise them. A High Power Committee recommended a one‑time absorption of these lecturers, leading to the Karnataka State Civil Services (Absorption of Persons working as Part‑Time Lecturers…) Special Rules, 1996, fr…
PABITRA MOHAN DASHversusSTATE OF ORISSA AND ORS.
2001 INSC 84 January 2001Dismissed
The appellants, who were headmasters of schools that later became aided or government institutions, challenged a Special Bench of the Orissa High Court that set aside earlier Full Bench judgments allowing them to continue as headmasters despite not meeting the qualifications prescribed in Regulation 17. The Supreme Cou…
TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS JT. SECRETARY MR. NITIN THAKKARversusTHE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.
1996 INSC 174 January 1996Disposed off
The Textile Processors' Association filed a Special Leave Petition before the Supreme Court challenging a Gujarat High Court order that directed its member industries to pay 1% of their gross turnover towards pollution control, despite many of the industries not yet being operational and incurring losses. The petition …
RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.
1996 INSC 184 January 1996Dismissed
The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the proceedings. On appeal, th…
OMKAR NAMDEO JADHAO AND ORS.versusSECOND ADDITIONAL SESSIONS JUDGE BULDANA AND ANR.
1996 INSC 194 January 1996Appeal(s) allowed
The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC and on the physical …
COMMON CAUSEversusUNION OF INDIA AND ORS.
1996 INSC 204 January 1996Disposed off
The Supreme Court entertained a public‑interest writ under Article 32 filed by Common Cause seeking remedial measures for the serious deficiencies in India’s blood‑banking system. A 1990 consultancy report highlighted widespread unlicensed banks, reliance on professional donors, inadequate testing, poor equipment and h…
BHAVNAGAR UNIVERSITYversusPALITANA SUGAR MILL PVT, LTD. AND ORS.
2002 INSC 5053 December 2002Dismissed
The State of Gujarat reserved land for public purposes under the Gujarat Town Planning and Urban Development Act, 1976 and published a final development plan on 3 March 1986. The ten‑year period for acquisition expired on 2 March 1996, but a draft revised plan was issued on 20 February 1996. Landowners served notices u…
NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.
2002 INSC 5133 December 2002Appeal(s) allowed
The case concerned whether an insurer is liable to pay compensation to the dependents of a passenger who died while travelling in a goods carriage that met with an accident. The Motor Accident Tribunal had held the insurer liable, relying on the earlier decision in New India Assurance Co. v. Satpal Singh. The Supreme C…
UNION OF INDIA AND ORS.versusKISHORILAL BABLANI
1998 INSC 4593 December 1998Dismissed
Kishorilal Bablani qualified for the IAS in 1974 and was placed in Class II service because the number of Class I vacancies was allegedly miscomputed. He claimed that 97 Class I posts should have been notified, not 40, and sought appointment under the 50% direct‑recruit/50% promotee quota. The Central Administrative Tr…
THE KERALA AGRICULTURAL UNIVERSITYversusK.R. ANIL AND ORS.
1997 INSC 7873 December 1997Disposed off
The Kerala Agricultural University advertised a Junior Assistant Professor post with a reservation for the Ezhava community. Respondent No.1, an Ezhava and academically qualified, was not selected for the reserved vacancy and alleged malafide treatment, filing a writ petition. The Kerala High Court held that Rules 14‑1…
DR. NARAYAN SHARMA AND ANR. ETC.versusDR. PANKAJ KR. LEHKAR AND ORS. ETC.
1999 INSC 5163 November 1999Case Partly allowed
The Supreme Court examined the constitutionality of several reservation provisions in the Assam Medical Colleges (Regulation of Admission to Post‑Graduate Courses) Rules, 1997, specifically the NEC quota, teachers quota, and State Health Service quota, as well as the exemption of certain categories from the common entr…
IN RE: BINEET KUMAR SINGHversus-
2001 INSC 2503 May 2001Disposed off
The State of Maharashtra introduced a CPED course, but a private institution, Lokmata Indira Gandhi College of Sports, admitted students without permission for the 1994-95 session. After several writ petitions were dismissed, a forged Supreme Court order dated 28 August 1998 was allegedly sent to the State, directing i…
K.G. ASHOK AND ORS. ETC.versusKERALA PUBLIC SERVICE COMMISSION AND ORS.
2001 INSC 2493 May 2001Dismissed
The Kerala Public Service Commission (KPSC) issued a notification for recruitment of Junior Health Inspectors in 14 districts, stipulating that a candidate could apply to only one district and that any application violating this or containing a false declaration would be summarily rejected. A large number of candidates…
STATE OF HARYANAversusTEK SINGH AND ORS.
1999 INSC 2153 May 1999Appeal(s) allowed
The State of Haryana appealed against the Punjab & Haryana High Court’s acquittal of five of eight accused in a murder case involving Tek Singh and Gurdev Singh. The Sessions Court had convicted all eight under Sections 148, 149, 302 and 449 IPC based on eye‑witness testimony, medical reports and circumstantial evidenc…
GODHRA ELECTRICITY CO. LTD., AHMEDABADversusCOMMISSIONER OF INCOME TAX, GUJARAT-II, AHMEDABAD
1997 INSC 3573 April 1997Appeal(s) allowed
Godhra Electricity Co. Ltd., a licensee under the Electricity Act, raised electricity rates but could not recover the increased charges because of protracted consumer litigation, a government advisory to maintain status quo, and a takeover of its undertaking under the Defence of India Rules. The Income Tax Officer had …
K. ANJAIAH ETC.versusK. CHANDRAIAH AND ORS. ETC.
1998 INSC 1223 March 1998Appeal(s) allowed
The Andhra Pradesh College Service Commission (APCSC) was constituted under the Andhra Pradesh College Service Commission Act, 1985 and staffed by employees on deputation from the State Government. Regulation 9(2) of the 1986 Regulations provided that seniority of deputationists, once absorbed, would be determined sole…
KAMMARI BRAHMIAH AND ORS.versusPUBLIC PROSECUTOR, HIGH COURT OF AP .
1999 INSC 373 February 1999Dismissed
Six accused were tried for murder (IPC s.302). The Sessions Court acquitted them, but the High Court on appeal convicted one under s.304(II), another under s.325 and the remaining four under s.325 read with s.149, even though the trial court had not framed a charge under s.149. The appellants contended that conviction …
STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY AGRICULTURE TO THE GOVT. OF HIMACHAL PRADESH, SHIMLAversusNODHA RAM AND ORS.
1996 INSC 133 January 1996Appeal(s) allowed
The respondents were daily‑wage workers engaged on a muster‑roll under a Central Scheme and were paid from Central Government funds. After the scheme was completed and closed due to lack of funds, their services were terminated. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim dire…
STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY RURAL DEVELOPMENT TO THE GOVT. OF HIMACHAL PRADESH, SHIMLAversusASHWANI KUMAR AND ORS.
1996 INSC 143 January 1996Appeal(s) allowed
The respondents were daily‑wage workers engaged on a muster‑roll under a Central Government scheme in Himachal Pradesh. After the project was completed and closed due to lack of funds, they were dismissed. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim direction ordering their re…
C.K. RAVEENDRANversusSTATE OF KERALA
1999 INSC 5422 December 1999Appeal(s) allowed
The appellant, C.K. Raveendran, was married to Yashoda who later went missing and her body was discovered in a ravine. The prosecution alleged that Raveendran killed her, relying on circumstantial evidence such as sightings of the couple together in a jeep, the recovery of Yashoda’s wrist‑watch from Raveendran, and an …
RAJESH GOVIND JAGESHAversusSTATE OF MAHARASHTRA
1999 INSC 5082 November 1999Disposed off
The accused were convicted for the murder of Joy Kutty under Section 302 read with Section 34 IPC. The Supreme Court examined whether the identification parade of Accused No.2 (Rajesh Govind Jagesha) was conducted properly, noting an unexplained delay and a change in his appearance that rendered the parade unreliable. …
UNION OF INDIAversusMOHAN SINGH RATHORE AND ANR.
1996 INSC 9782 September 1996Disposed off
Mohan Singh Rathore, a Rajasthan State Police Service officer, was placed on the select list for promotion to the Indian Police Service (IPS) and his name was approved by the UPSC. The State Government failed to issue the mandatory "no deterioration certificate" before his retirement on 31 May 1988, and consequently hi…
SHARAFAT HUSSAIN (DEAD) THROUGH LRS.versusMOHD. SHAFIQ AND ORS.
1996 INSC 9792 September 1996Appeal(s) allowed
The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An application filed la…
STATE OF KARNATAKA AND ORS.versusS.M. KOTRAYYA AND ORS.
1996 INSC 9802 September 1996Appeal(s) allowed
The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held that the government …
D. RADHAKRISHNANversusUNION OF INDIA AND ORS.
1996 INSC 9812 September 1996Dismissed
D. Radhakrishnan, appointed to the Tamil Nadu State Police Service in 1979, was transferred to a cadre post in July 1980 and continuously officiated there. He was first placed on the UPSC‑approved select list in 1979 (continued for 1980), omitted in 1981 due to lack of vacancies, and re‑included in 1982. The Central Ad…
ALLAHABAD DEVELOPMENT AUTHORITYversusNASIRUZZAMAN AND ORS.
1996 INSC 9822 September 1996Appeal(s) allowed
The Allahabad Development Authority had acquired 23 bighas 19 biswas of land for a Transport Nagar Scheme by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 and taking possession on 2 November 1977 under Section 17(4). The acquisition was later declared to have lapsed under Section 11-A of t…
SH. SUVARAN RAJARAM BANDEKAR AND ORS.versusSH. NARAYAN R. BANDEKAR AND ORS.
1996 INSC 9832 September 1996Dismissed
The Supreme Court heard a civil appeal challenging a Bombay High Court order that dealt with a consent decree between the parties concerning payment of amounts and the handover of registration certificates (R.C.) for certain vehicles. The appellants sought modification of the payment schedule under the consent decree w…
UNION OF INDIA AND ANR.versusTHE SPECIAL LAND ACQUISITION OFFICER & ORS.
1996 INSC 9842 September 1996Dismissed
The Union of India and another party, as tenants of a plot in Worli Estate, challenged a compensation award made by the Special Land Acquisition Officer under the Land Acquisition Act, 1894. They argued that the award of Rs. 8300 per square foot was excessive and that, as tenants, they were entitled to pro‑rata compens…
ARULMIGHU LAKSHMINARASIMHASWAMY TEMPLE SINGIRIGUDIversusUNION OF INDIA AND ORS.
1996 INSC 9852 September 1996Appeal(s) allowed
The case concerned a piece of land acquired under the Land Acquisition Act, 1894 for a public purpose. After the acquisition, a dispute arose over who was entitled to receive the compensation. The single judge had declared the title in favour of the petitioner and the division bench directed a civil court to determine …
SHRI CHANDRAGAUDA RAMGONDA PATIL AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS ETC.
1996 INSC 9862 September 1996Dismissed
The petitioners challenged the acquisition of land by the State of Maharashtra under the Maharashtra Regional Town Planning Act and the Land Acquisition Act, 1894, arguing that surplus land should be returned to them based on a government resolution. The land had been taken in 1974, an award was made in 1977, and after…
SARVINDER SINGHversusDALIP SINGH AND ORS.
1996 INSC 8172 August 1996Appeal(s) allowed
Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of Rajender Kaur, alienated th…
CENTRAL WELFARE BOARD AND ORS.versusMS. ANJALI BEPARI AND ORS.
1996 INSC 8182 August 1996Case Partly allowed
Ms. Anjali Bepari was appointed as a Gram Sevika under the Central Social Welfare Board Scheme against a casual vacancy on 11 February 1992 and sought regularisation of her services. The Single Judge of the Calcutta High Court rejected her claim, holding the appointment was not in accordance with the rules, but a Divis…
STATE OF U.P.versusHARENDRA ARORA AND ANR.
2001 INSC 2462 May 2001Appeal(s) allowed
Harendra Arora, an Executive Engineer, was charged with irregularities and, after an enquiry, was dismissed. The enquiry report required by Rule 55A of the Civil Services (Classification, Control and Appeal) Rules, 1930 was not furnished to him, leading the Uttar Pradesh Public Services Tribunal to quash the dismissal.…
SUKHDEOversusTHE.COMMISSIONER AMRAVATI DIVISION, AMRAVATI AND ANR.
1996 INSC 6162 May 1996Appeal(s) allowed
Sukhdeo, a Class III government employee with 30 years of service but under 55 years of age, was compulsorily retired on 23 March 1990 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, based on adverse remarks in his confidential reports for 1987‑88 and 1988‑89. The remarks were contradictory…
STATE OF KARNATAKA & ORS.versusN. MADAPPA AND ORS. ETC.
1996 INSC 6172 May 1996Dismissed
The State of Karnataka, by the Karnataka Motor Vehicles Taxation (Amendment) Act 1989, inserted sub‑section (4) in Section 3 of the Karnataka Motor Vehicles Taxation Act, 1957, imposing a special additional tax on each occasion a motor vehicle carries passengers in excess of its permitted capacity. The respondents chal…
UNION OF INDIA THROUGH DEPUTY SALT COMMISSIONER BOMBAYversusSH. PURANMAL LALCHAND MUNDRA AND ANR.
1996 INSC 4702 April 1996Disposed off
The respondents applied for renewal of a salt licence under the Central Excise (Salt) Act, 1944. The Union of India, represented by the Deputy Salt Commissioner, insisted that renewal could be granted only if the respondents were the owners or lessees of the land on which the salt works were situated. The respondents h…
HUKAM CHAND AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.
1996 INSC 4712 April 1996Dismissed
The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not appeal to the High Court…
UNION OF INDIA, THROUGH CHIEF OF REVENUE, CENTRAL COALFIELDS LTD., RANCHIversusJANKI MAHTO AND ORS.
1996 INSC 4722 April 1996Appeal(s) allowed
The Union of India, through the Chief of Revenue, Central Coalfields Ltd., appealed against a Bihar High Court order that had granted an interim stay of execution of an award in favour of Janki Mahato and others. The High Court had also ordered service of notices on a large number of respondents. The sole question befo…
SUSHILA DEVI ETC.versusSTATE OF HARYANA AND ANR.
1996 INSC 4732 April 1996Disposed off
The case concerned the appointment of 230 supervisor posts in Haryana, of which a portion were reserved for Scheduled Castes, Backward Classes, and Ex‑Servicemen. After the Subordinate Services Selection Board finalized the reservation, 136 general‑category candidates obtained stay orders and were appointed on an ad‑ho…
DY. GENERAL MANAGER, REDESIGNATED AS DY. DIRECTOR, !SB ETC.versusSUDARSHAN KUMAR AND ORS. ETC.
1996 INSC 4742 April 1996Case Partly allowed
The Delhi government had granted a shop licence on compassionate grounds to the widow of a freedom fighter in 1992. The respondent applied for renewal in 1994, but the renewal application, affidavit and vakalatnama were not signed by her, indicating forgery. A show‑cause notice was issued for eviction and the responden…
ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR.versusSTATE OF U.P. AND ORS.
1996 INSC 4752 April 1996Dismissed
The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. The Association argu…
NAMBURI BASAVA SUBRAHMANYAMversusALAPATI HYMAVATHI AND ORS.
1996 INSC 4762 April 1996Appeal(s) allowed
The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of the other daughter Vim…
SMT. PUTTAHONNAMMAversusC. GANGADHARA MURTHY AND ORS.
1996 INSC 1722 February 1996Appeal(s) allowed
The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, setting aside the ori…
STATE OF RAJASTHANversusSEVA RAM AND ORS.
1996 INSC 1732 February 1996Disposed off
The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s order dated 12 January …
MUNICIPAL COMMITIEE, ABOHARversusREGIONAL COMMISSIONER, E.S.I. CORPN. AND ANR.
1996 INSC 1742 February 1996Appeal(s) allowed
The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the Insurance Court affirmed the…
SURINDER KUMAR AND ANR.versusISHWAR DAYAL AND ANR.
1996 INSC 1752 February 1996Appeal(s) allowed
The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been replaced by a new 9‑in…
ST ATE OF MAHARASHTRA ETC.versusDIGAMBAR BHIMASHANKAR TANDALE AND ORS. ETC.
1996 INSC 1762 February 1996Case Partly allowed
The Supreme Court considered the compensation payable for 12.5 acres of land acquired by the State of Maharashtra for extending a thermal power station. The original award fixed Rs 3,000 per acre, later enhanced on a per‑square‑foot basis, which the Court held to be illegal. It ruled that compensation cannot be based o…
SUB-DIVISIONAL INSPECTOR OF POST, VAIKAM AND ORS. ETC.versusTHEYYAM JOSEPH ETC.
1996 INSC 1772 February 1996Dismissed
The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are not "workmen" under…
MEETHIYAN SIDHIQUversusMUHAMMED KUNJU PAREETH KUTTY AND ORS.
1996 INSC 22 January 1996Dismissed
The case concerned a sale of immovable property belonging to a Muslim minor, whose father had died. The mother, acting as guardian, executed the sale to the appellant in 1949. The question before the Supreme Court was whether, under Muslim law, the mother could be a legal guardian of the minor’s property and thus valid…
CANTONMENT BOARD AND ANR.versusMOHANLAL AND ANR.
1996 INSC 12 January 1996Appeal(s) allowed
The appellant Cantonment Board issued notices under Sections 85, 256 and 185 of the Cantonment Act, 1924 demanding demolition of illegal construction on the respondent’s property. The respondent continued construction, filed a representation, and later filed a writ petition alleging violation of natural justice because…
SIKH NEWSPAPER LTD.versusD.M. JALANDHAR AND ORS.
1996 INSC 32 January 1996IA disposed
Sikh Newspaper Ltd., a newspaper company, was unable to function due to a deadlock among its shareholders. The Supreme Court had earlier ordered an arbitrator to determine the genuine shareholders as of 10‑Nov‑1987 and to fix a date for a general body meeting, directing the company to convene the meeting and to maintai…
DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.versusTHE STATE OF BIHAR AND ORS. ETC.
1996 INSC 42 January 1996Appeal(s) allowed
The appellant was appointed temporarily as a medical officer in March 1966, then drafted as a commissioned officer in the Army during a national emergency, and later regularized as a Civil Assistant Surgeon on 6 September 1966. The respondents were appointed temporarily on 29 September 1964 and regularized on 15 July 1…
KRISHNA KUMAR AGRAWAL AND ORS.versusJAI KUMAR JAIN AND ANR.
1996 INSC 52 January 1996Disposed off
The case arose from a decree of the trial court directing the defendants to remove a wall that obstructed the plaintiffs' light and air, with a requirement to maintain a three‑foot setback from the northern wall. The appellants argued that the decree, if given a literal meaning, required demolition of the entire double…
SHRI M.L. JAGGIversusMAHANAGAR TELEPHONES NIGAM LTD. AND ORS.
1996 INSC 62 January 1996Appeal(s) allowed
M.L. Jaggi challenged three telephone bills issued by Mahanagar Telephones Nigam Ltd. The dispute was referred to arbitration under Section 7B of the Indian Telegraph Act, 1985, which makes the arbitrator's award conclusive and not open to court challenge. The arbitrator awarded the bills with a rebate on one but gave …
STATE OF MADHYA PRADESH AND ORS.versusKESHAV
1996 INSC 72 January 1996Appeal(s) allowed
The respondent, an Agriculture Engineer, was alleged to have committed misconduct and, after retiring on superannuation on 31 July 1982, a disciplinary inquiry was initiated on 28 July 1984. He challenged the jurisdiction of the Government to prosecute a retired servant, arguing that the Governor must be personally sat…
U. P. KATTHA FACTORIES ASSOCIATIONversusTHE STATE OF U.P. AND ORS.
1996 INSC 82 January 1996Dismissed
The appellant, an association of small‑scale Khair‑wood based industries, challenged a government policy that imposed a complete ban on registration of such units after 11 December 1986, arguing that it discriminated against units registered after that date and violated Article 14 of the Constitution. The Supreme Court…
DEPUTY DIRECTOR (MINERALS), DALONTGUNJ CIRCLE ETC.versusMUSTAK ALI AND ORS.
1996 INSC 92 January 1996Appeal(s) allowed
The Supreme Court considered appeals by the Deputy Director (Minerals), Dalantgunj Circle and related officials against a Patna High Court order directing them to appoint candidates for Class III and IV posts from a list prepared by the Deputy Commissioner/District Magistrate. The appellants argued that the Department …
PUNJAB STATE ELECTRICITY BOARD PATIALA AND ANR.versusSAWINDER SINGH
1996 INSC 102 January 1996Dismissed
The Punjab State Electricity Board (PSU) was directed to consider the promotion of Sawinder Singh as on 14 November 1986, after the Board had abolished its quota system and adopted a seniority‑cum‑merit principle. The Board appealed, arguing that the date of consideration was irrelevant because the legal framework had …
M.P. SHIKSHAK CONGRESS AND ORS.versusR.P.F. COMMISSIONER, JABALPUR AND ORS.
1998 INSC 4491 December 1998Dismissed
The appellants, representing teachers and staff of aided non‑government schools in Madhya Pradesh, challenged orders of the Regional Provident Fund Commissioner directing contributions to the Employees' Provident Fund (EPF) for the period 1 August 1982 to 1 December 1988, alleging that the Madhya Pradesh Ashaskiya Siks…
DIRECTOR GENERAL, ESI CORPORATION NEW DELHI AND ANR.versusSHRI M.P. JOHN AND ORS.
1998 INSC 4531 December 1998Appeal(s) allowed
An ex‑serviceman (respondent No. 1) was re‑employed by the ESI Corporation as a Lower Division Clerk. His salary was fixed at the minimum of the prescribed pay scale under Government Order (G.O.) dated 8 February 1983, and he was also entitled to his full military pension. He contended that, for the purpose of assessin…
STATE OF U.P.versusUDAI NARAYAN AND ANR.
1999 INSC 5041 November 1999Appeal(s) allowed
The State of Uttar Pradesh prosecuted Udai Narain, an Additional Collector of Customs, and Reshamwala, a private individual, for allegedly receiving Rs.2 lakh in a corrupt transaction at Lucknow airport. They were charged under Sections 8, 10, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1947 and Secti…
M/S CHEEMA ENGINEERING SERVICESversusRAJAN SINGH
1996 INSC 12671 November 1996Appeal(s) allowed
Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under Section 2(1)(d) of t…
GOVERNMENT OF A.P. AND ANR.versusG. LAKSHMAN REDDY AND ANR.
1996 INSC 12681 November 1996Dismissed
A compound wall erected at police quarters in Nizamabad obstructed a public way, leading to an ex‑parte decree for its demolition. A warrant for demolition was issued and court officers proceeded to the site, but Circle Inspector Narasimha Raju, Sub‑Inspector Laxminarayana and other police personnel intervened, seized …
ABDUL MAJEED SAHIB AND ANR.versusTHE DISTRICT COLLECTOR AND ORS.
1996 INSC 12691 November 1996Dismissed
The State issued a notification (Section 4) on 16 Oct 1987 and a declaration (Section 6) in June 1988 to acquire land for a telephone exchange. Because the Land Acquisition Officer failed to make a compensation award within the two‑year period prescribed by the newly inserted Section 11‑A (Amendment Act 68 of 1984), th…
SH. VIJAY SINGH, SECRETARY HOME AND ANR.versusMITTANLAL HINDOLIYA
1996 INSC 12701 November 1996Appeal(s) allowed
The respondent, a Sub‑Inspector, applied to the Madhya Pradesh Administrative Tribunal for correction of his date of birth from 5 August 1934 to 16 July 1938. The Tribunal directed the employer to consider his representation, which was subsequently considered and rejected. The respondent then alleged contempt, claiming…
THE GOA STATE CO-OPERATIVE BANK LTD.versusPEDNE TALUKA PRATHAMIK SHIKSHAK PAT SAUNSTHA LTD AND ORS.
1996 INSC 12711 November 1996Appeal(s) allowed
The dispute concerned the conduct of elections to the Goa State Co-operative Bank Ltd., a society whose status under the Multi-State Cooperative Societies Act, 1984 was contested. The High Court had directed the Registrar to hold elections based on the assumption that the society's amended bye‑laws were approved, but t…
SUKHARversusSTATE OF UTTAR PRADESH
1999 INSC 4511 October 1999Appeal(s) allowed
The appellant, Sukhar, was convicted under Section 307 IPC for allegedly shooting his uncle Nakkal, who later died. The prosecution relied on the FIR, the victim's statements, and the testimony of PW2, who claimed the victim identified Sukhar as the shooter after PW2 arrived at the scene. The Supreme Court held that th…
SUKHBIR SINGH AND ORS.versusSTATE OF HARYANA
1997 INSC 6831 October 1997Disposed off
The appellants Sukhbir Singh and others were initially charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and tried by a designated TADA court. The designated judge held that no offence under TADA was made out and, relying on a Punjab and Haryana High Court decision, ordered the case transfer…
SUSHMA MUTREJAversusUNION OF INDIA AND ORS.
2001 INSC 3311 August 2001Appeal(s) allowed
Sushma Mutreja was appointed as a Lower Division Clerk (LDC) in the Ministry of Commerce under Rule 12 of the Central Secretariat Clerical Service Rules, 1962 and later promoted to Upper Division Clerk (UDC) in the Labour Ministry on 3 November 1982 under a Zoning Scheme based on seniority. A provisional seniority list…
STATE OF MAHARASHTRA AND ORS.versusSANTOSH SHANKAR ACHARYA
2000 INSC 3691 August 2000Dismissed
The State of Maharashtra detained Santosh Shankar Acharya under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981, but failed to inform him that he could make a representation to the detaining authority. The High Court held that such non‑communication violated Article 22(5) of the Constitutio…
RATIAN KUMAR TANDON AND ORS.versusSTATE OF UTIAR PRADESH
1996 INSC 8161 August 1996Dismissed
The appellants, R.K. Tandon and others, held lease‑hold rights over 22,528 sq. yd of land in Allahabad that was acquired by the State under the Land Acquisition Act, 1894. The Land Acquisition Officer awarded compensation of Rs 4,57,750.88; the reference court fixed Rs 500 per sq. yd for land, Rs 50,000 for trees and R…
DELHI JUDICIAL SERVICES ASSOCIATION AND ORS.versusDELHI HIGH COURT AND ORS.
2001 INSC 2371 May 2001Dismissed
The Supreme Court examined whether 14 temporary posts of Additional District Judges created under the Delhi Higher Judicial Service Rules, 1970 before their amendment could be filled only by promotion from the Delhi Judicial Service or also by direct recruitment from the Bar as permitted by the amended rules of 1987. T…
SATPAL AND ANR.versusSTATE OF HARYANA AND ORS.
2000 INSC 2711 May 2000Appeal(s) allowed
The Supreme Court examined a writ petition filed by the brother and widow of a murder victim challenging the Governor of Haryana’s order granting remission of the life sentence of Siriyans Kumar Jain, a convicted murderer. The High Court and Supreme Court had directed Jain to surrender and serve the remainder of his se…
AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.
1997 INSC 4591 May 1997Leave Granted & Disposed off
The appellant, Agauta Sugar and Chemicals, had failed to pay approximately Rs 29 crore owed to cane growers and societies for sugarcane supplied, leading the District Collector to attach the factory’s sugar stock‑in‑hand. The factory filed a writ petition challenging the attachment, and the High Court issued interim di…
M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.
1997 INSC 4601 May 1997Disposed off
The Supreme Court approved a rehabilitation scheme for Ashok Paper Mills, Darbhanga, and ordered its implementation after the IDBI reneged on loan commitments. The petitioners, representing the mill workers, sought the Court's intervention to compel the Finance Ministry and IDBI to honour the scheme despite technical o…
SRI RAJ PAL VERMA AND ORS.versusCHANCELLOR OF MEERUT UNIVERSITY (RENAMED AS CH. CHARAN SINGH UNIVERSITY), RAJ BHAWAN, LUCKNOW AND ORS.
1997 INSC 4611 May 1997Leave Granted & Dismissed
The case concerned the appointment of K.K. Sharma as Professor of Ancient History at Meerut University. The Selection Committee, lacking two external experts, selected Sharma, but the Executive Council rejected the selection because Sharma did not hold a Ph.D. in Ancient History. Under Section 31(8)(a) of the U.P. Univ…
KERALA MAGISTRATES (JUDICIAL) ASSOCIATION AND ORS.versusSTATE OF KERALA AND ORS.
2001 INSC 1291 March 2001Dismissed
The Supreme Court examined the validity of the Kerala Judicial Service Rules, 1991 which integrated the Civil Judicial Service and Criminal Judicial Service into a single Kerala Judicial Service. Sub‑rule (4) of Rule 3 fixed a 3:1 ratio for Subordinate Judges versus Chief Judicial Magistrates and a 5:2 ratio for Munsif…
M.C.MEHTAversusUNION OF INDIA AND ORS. RE: M/S. DELHI DEVELOPMENT AUTHORITY
2001 INSC 1281 March 2001Disposed off
The Supreme Court was asked to clarify its 10 May 1996 order directing H‑category hazardous industries in Delhi to surrender their land for green‑belt development. The Delhi Development Authority (DDA) sought directions on six specific issues, including the extent of land to be surrendered, the requirement of road acce…
VITTHALBHAI BAKORBHAI (DEAD) THROUGH L.RS. AND ORS. ETC.versusTHE EXECUTIVE ENGINEER, CAPITAL PROJECT AND ANR.
1996 INSC 3481 March 1996Dismissed
The case concerned compensation for lands acquired in Vavol Village, Sector 4, under the Land Acquisition Act, 1894. The acquisition notification was issued on 7 July 1983 and the Land Acquisition Officer initially fixed compensation at Rs 20‑24 per sq m, which the reference court later raised to Rs 94‑110 per sq m. On…
GOVERNMENT OF ANDHRA PRADESH AND ORS.versusKALLETI CHENGAIAH
1996 INSC 3491 March 1996Appeal(s) allowed
The Director of Settlement exercised suo motu revision power under Section 5(2) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 to set aside a 1983 order granting a Ryotwari patta that was found to contravene statutory provisions. The High Court held that the Director’s exe…
STATE OF ASSAM AND ORS.versusSMT. RADHA KANOO AND ORS. ETC.
1996 INSC 3501 March 1996Appeal(s) allowed
The State of Assam appealed against a High Court order that had held the respondents were not encroachers on government waste land. The respondents had taken possession of the land without a lease or written permission under Rule 16 of the Settlement Rules and had paid "Touzi Bahira" revenue to a mauzdar. The Supreme C…
STATE OF U.P. AND ANRversusSHRI KRISHNA PANDEY
1996 INSC 3511 March 1996Dismissed
Shri Krishna Pandey retired from service on 31 March 1987. After his retirement, a departmental enquiry for alleged embezzlement of Rs. 2,47,779 was initiated on 21 April 1991, and his pension was withheld under Regulation 351-A of the Civil Services Regulations. The High Court directed that his pension be paid, a deci…
P.K. KUTTY AHUJA RAJA AND ANR.versusSTATE OF KERALA AND ANR.
1996 INSC 1621 February 1996Dismissed
The Agricultural Income Tax Officer assessed Rs 84,788.78 for the period 1956‑58, which was quashed by the Kerala High Court on 1 January 1968, limiting liability to a 1/693 share of the estate. The appellants filed a suit in 1974 to recover amounts already paid by successors; the trial court decreed in their favour, b…
GRAM PANCHAYAT VILLAGE SUFIPINDversusSTATE OF PUNJAB THROUGH SECRETARY AND ORS.
1996 INSC 1631 February 1996Appeal(s) allowed
The Gram Panchayat of Sufipind claimed that plot No.71 was a pathway vested in it under Section 4(2) of the Punjab Village Common Land (Regulation) Act, 1961. An application for realignment of the plot was filed in 1974, long after the consolidation proceedings had been completed in 1959. The authority, exercising revi…
SURAIN SINGH (DEAD) BY LRS. AND ORS.versusMEHENGA (DEAD) BY LRS.
1996 INSC 1641 February 1996Dismissed
The appellants challenged a sale deed dated 29 September 1959, alleging that it was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit, finding the deed valid; the first appellate court reversed that finding, holding that adequate consideration had been paid and no fraud …