STATE OF U.P. AND ANR.versusRAM KISHORE AND ANR.
1999 INSC 37131 August 1999Appeal(s) allowed
Ram Kishore was initially appointed as a trainee tube‑well operator and was terminated for unauthorized absence. He was subsequently given a fresh three‑month temporary appointment, which was again extended, but his performance remained unsatisfactory and he again absented himself without leave, leading to a second ter…
AIR INDIAversusCOCHIN INTERNATIONAL AIRPORT LTD
2000 INSC 3931 January 2000Appeal(s) allowed
Cochin International Airport Ltd (CIAL) invited offers for ground handling services and received proposals from Air India and Cambatta Aviation Ltd. The evaluation committee recommended Cambatta, but the Government of India recommended Air India on the basis of its status as the national carrier. CIAL subsequently awar…
SUBHASH CHANDRA CHAUDHARI AND ORS.versusRAM MILAN AND ORS.
1997 INSC 8231 January 1997Dismissed
The appellants were granted a one‑year lease on 5 December 1994, which expired on 5 December 1995. The lease was cancelled by the Commissioner on 17 February 1995, but the State Government set aside that cancellation on 23 March 1995. The Government’s subsequent order was stayed by the High Court, which directed that t…
STATE OF UTTAR PRADESHversusDR. DINA NATH SHUKLA AND ANR.
1997 INSC 8331 January 1997Disposed off
The State of Uttar Pradesh appealed against a High Court judgment that declared a government clarification on reservation in university recruitment invalid. The clarification treated the University of Allahabad and its colleges as a single unit for applying the Uttar Pradesh Public Services (Reservation for Scheduled C…
SMT. SUJATA MUKHERJEEversusPRASHANT KUMAR MUKHERJEE
1997 INSC 45730 April 1997Appeal(s) allowed
Smt. Sujata Mukherjee filed a criminal complaint under Sections 498A, 506 and 323 IPC alleging dowry demand, maltreatment and assault by her husband and his family. The alleged offences occurred at Raigarh (in‑laws' residence) and also at Raipur where the husband allegedly assaulted her. The husband and other responden…
HINDUSTAN SHIPYARD LTD. AND ORS.versusDR. P. SAMASIVA RAO ETC.
1996 INSC 15230 January 1996Appeal(s) allowed
Three medical officers were appointed on an ad‑hoc basis by Hindustan Shipyard Ltd. and later sought regularisation and parity pay. The Andhra Pradesh High Court directed that they be regularised with effect from 1 April 1986 and that they receive regular pay scales. On appeal, the Supreme Court held that regularisatio…
G. DEENDAYALAN AMBEDKARversusUNION OF INDIA AND ORS.
1996 INSC 141329 November 1996Dismissed
The appellant, selected as an Assistant Station Master, argued that his seniority over two respondents should be based on his earlier completion of training, invoking Rule 303(1)(a) of the Railway Establishment Code which he said mandates seniority from the date of training completion. The respondents, however, were ra…
DISTRICT TRANSPORT MANAGER (ADMN.) O.S.R.T.C., ORISSAversusDILIP KUMAR NAYAK AND ANR.
1996 INSC 141429 November 1996Disposed off
The respondent, a conductor employed in the Baripada zone of the Orissa State Road Transport Corporation, was dismissed for misconduct while an industrial dispute involving an employee in the Bhadrak zone was pending before the Industrial Tribunal. The respondent sought relief under Section 33(1)(a) of the Industrial D…
UNION OF INDIA AND ORS.versusSMT. V.P. PARUKUTTY
1996 INSC 141529 November 1996Disposed off
The case concerned the termination of Smt. V.P. Parukutty's appointment as an agent under the Mahila Pradhan Kshetriya Bachat Yojana because she was the brother of a post‑office employee, contrary to a 1981 government circular prohibiting near relatives from being appointed by the post‑master. She challenged the termin…
NELLIKKOTU KOLLERIYIL MADHAVIversusKAVAKKALATHIL KALIKUTTY AND ORS.
1996 INSC 141629 November 1996Dismissed
The respondents purchased a schedule property in execution of a decree and were issued a sale certificate and possession. They later assigned the property to the plaintiff and sought a perpetual injunction to prevent the appellant from interfering with possession. The trial and appellate courts had accepted the appella…
VALLIKAT THEKKEDATH VALAPPIL LAKSHMIKUTTY AMMA AND ORS.versusVALLIKAT THEKKEDATH VALAPPIL DEMODARA MENON AND ORS.
1996 INSC 141729 November 1996Dismissed
The appellant redeemed a possessory mortgage on item 6 of the schedule property and, by operation of subrogation, stepped into the shoes of the mortgagee. The respondents, who were co‑mortgagors, did not redeem the mortgage within the statutory 30‑year period, leading the trial and district courts to hold that the appe…
STATE OF TAMIL NADU AND ORS. ETC.versusS. THANGAVEL AND ORS. ETC.
1996 INSC 141829 November 1996Dismissed
The Supreme Court examined whether the Tamil Nadu Government could prepare a supplementary promotion list after an annual list had been prepared, despite no vacancies existing on the prescribed date, when new posts were later created due to administrative reorganisation. It held that the Rules do not strip the Governme…
THE STATE OF WEST BENGAL AND ANR.versusKAILASH CHANDRA KAPUR AND ORS.
1996 INSC 141929 November 1996Dismissed
The State of West Bengal granted a 999‑year lease of a plot in Salt Lake to Tapan Kumar Mullick, who later bequeathed the leasehold interest to a stranger, K.C. Kapur, by will. After Mullick's death, Kapur obtained probate and applied to have his name entered as lessee, which the High Court ordered despite the Governme…
J.S. CHHABRA ETC.versusSTATE OF M.P. AND ORS. ETC.
1996 INSC 140428 November 1996
The Madhya Pradesh Government, unable to fill lecturer posts through the Public Service Commission, upgraded 21 casualty medical officer (CMO) posts to the lecturer grade and appointed doctors on an ad‑hoc basis in 1971. Their services were later regularised under the M.P. Regularisation of Ad‑hoc Appointment Rules, 19…
BHOOMIREDDY CHENNA REDDY AND ANR.versusBHOOSPALLI PEDDA VERRAPPA (DEAD) BY LRS. AND ANR.
1996 INSC 140628 November 1996Dismissed
Pedda Chennaiah executed a will in 1947 bequeathing all his properties to his wife Laxmamma with a life‑interest and reserving the remainder to the sons of his wife's sister. After the Hindu Succession Act, 1956 came into force, the Court held that Laxmamma's limited right matured into an absolute ownership under Secti…
THACKER PRAGJI ANANDJIversusMANSUKH AMBALAL (DEAD) THROUGH HIS HEIRS AND LRS. AND ANR.
1996 INSC 140728 November 1996Appeal(s) allowed
The appellant, Thacker Pragji Anandji, sought a declaration that a second mortgage dated September 30, 1958 on two houses (Nos. 247 & 248) did not bind him, and requested partition and possession of his share. The houses were joint family properties originally mortgaged in 1956 and subsequently redeemed, but the second…
ANIL KUMAR MITRA AND ORS.versusGANENDRA NATH MITRA AND ORS.
1996 INSC 140828 November 1996Dismissed
The dispute concerned a property in Calcutta originally owned jointly by brothers Haridas and Gunendra. Haridas mortgaged his share to Rabindra Nath Bose, who eventually purchased it after a foreclosure suit. A preliminary decree dated 17 December 1931 in a partition suit against Bose severed the joint family status of…
VEMULA SIVIAH NAIDUversusSTATE OF AP. AND ANR.
1996 INSC 140928 November 1996Appeal(s) allowed
The Supreme Court examined whether a member of a joint family who, by partition, undertook to discharge a government loan taken by another family member, qualifies as a "defaulter" under Section 5 of the Andhra Pradesh Revenue Recovery Act, 1894. The joint family property had been hypothecated to secure the loan, and t…
SOVRIN KNIT WORKS ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.
1996 INSC 141028 November 1996Dismissed
Sovrin Knit Works and other establishments, covered under the Employees' State Insurance Act, 1948, failed to pay the statutory contribution for the year 1980-81. The Employees' State Insurance Corporation (ESIC) issued a notice on 31 December 1982 demanding damages and interest for the delayed payment, which the appel…
SMT. ZUBEDA BEGUM ETC.versusSYED SHAH KHURSHEED AHMAD HASHMI AND ORS. ETC.
1996 INSC 141128 November 1996Dismissed
Nawab Sir Mohammad Yusuf executed a wakfnama on 5 April 1956, dedicating his properties as a waqf and appointing himself as Mutawalli, with his nephew Syed Shah Hashmi as successor. After his death, his widow Smt. Zubeda Begum sued for cancellation of the wakfnama and possession of the properties, claiming a one‑fourth…
S.M.F. SULTAN ABDUL KADERversusJT. SECY., TO GOVT. OF INDIA AND ORS.
1998 INSC 24628 May 1998Case Allowed
The petitioner filed a writ petition under Article 32 challenging a detention order issued under Section 3(1) of the COFEPOSA Act, 1974. The order was dated 14 March 1996 but the petitioner was not detained until 7 August 1997, a delay of about 17 months. The petitioner argued that the delay in executing the order, tog…
SHAIKH UMAR AHMED SHAIKH AND ANR.versusSTATE OF MAHARASHTRA
1998 INSC 20228 April 1998Appeal(s) allowed
The appellants were convicted under TADA and the IPC for the murder of a police constable during the 1992 Bombay riots, based primarily on the in‑court identification by two constable witnesses. The trial court had rejected the identification parade evidence, finding a strong possibility that the suspects had been show…
SH. MALAPRABHA CO-OP., SUGAR FACTORY LTD.versusUNION OF INDIA
1997 INSC 7028 January 1997Leave granted
The Supreme Court examined the fixation of levy‑sugar prices for the years 1974‑75 to 1979‑80 under Section 3(3‑C) of the Essential Commodities Act, 1955. Earlier the Court had directed the Government to amend the notifications to include the sugar producer’s liability under clause SA (5A) of the Sugarcane (Control) Or…
ASSISTANT COLLECTOR OF CUSTOMS AND ORS.versusANAM ELECTRICAL MANUFACTURING CO. ETC
1997 INSC 7128 January 1997Disposed off
The Assistant Collector of Customs appealed against Anam Electrical Manufacturing Co. challenging the levy of a ten‑percent surcharge and the handling of a refund claim under the Central Excise Act, 1944 and the Customs Act, 1962. The Supreme Court examined whether the surcharge could be upheld and, more importantly, w…
STATE OF JAMMU AND KASHMIRversusROMESH CHANDER AND ORS.
1996 INSC 139327 November 1996Appeal(s) allowed
The State of Jammu & Kashmir sued Romesh Chander and others for allegedly extracting timber from a demarcated forest in violation of the Jammu & Kashmir State Nationalisation of Forest Working Act, 1985 and the subsequent Ordinance/Act of 1986‑87. A charge‑sheet was filed against the lessees and forest officials, but t…
CHARAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.
1996 INSC 139427 November 1996Disposed off
Charan Singh, a Scheduled Caste member, was granted a ten‑year lease of uncultivable waste land under the Nazool Land Rules, 1956, which he reclaimed, cultivated and equipped with a tube‑well. After the lease expired in 1972 he remained in possession, but the Government initiated eviction proceedings which were upheld …
SITA RAM BANSAL AND ORS. ETC. ETC.versusSTATE OF PUNJAB AND ORS. ETC. ETC.
1996 INSC 139527 November 1996Dismissed
The petitioners, non‑provincialised employees of municipal committees, challenged a government pension scheme that was introduced on 1 April 1990 for All India Gazetted and Punjab Civil Services officers and later extended to non‑provincialised staff on 28 July 1994. They argued that the cut‑off date excluded retirees …
JAGTAR SINGHversusPARGAT SINGH AND ORS.
1996 INSC 139627 November 1996Dismissed
The elder brother of the petitioner filed a declaratory suit seeking to declare a 1990 decree null and void, which had been upheld by the Subordinate Judge, Hoshiarpur. The petitioner appealed the decree to the Additional District Judge, but his counsel, on 15 September 1995, announced that the petitioner did not wish …
M/S GOODYEAR INDIA LTD.versusTHE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPN. AND ORS.
1996 INSC 139727 November 1996Dismissed
Goodyear India Ltd, an employer covered by the Employees' State Insurance Act, was served a demand on 1 December 1982 to pay contributions for the periods 28 January 1968 to 31 October 1979 (Bangalore) and 28 January 1968 to 31 August 1979 (Indore). The company contended that the establishments were not covered by the …
M/S MOHAN MEAKIN LTD.versusEXCISE AND TAXATION COMMISSIONER, HIMACHAL PRADESH AND ORS.
1996 INSC 139827 November 1996Appeal(s) allowed
Mohan Meakin Ltd. appealed against the Himachal Pradesh Excise and Taxation Commissioner challenging the High Court’s view that excise duty on beer became payable at the wort (fermentation) stage under Rule 10(3.4) of the Punjab Breweries Rules. The Supreme Court examined the definitions of “excisable article”, “intoxi…
WALTER LOUIS FRANKLIN (DEAD) THROUGH LRS.versusGEORGE SINGH (DEAD) THROUGH LRS.
1996 INSC 139927 November 1996Appeal(s) allowed
The appellant, Walter Louis Franklin, purchased plot No. 15/45 from a church in 1937 and had been in possession, using it for poultry farming and occasional sleeping. He filed a suit for perpetual injunction under Section 38 of the Specific Relief Act, 1963, to restrain the respondent, George Singh, from interfering wi…
STATE OF U P . AND ORSversusSMT. DAMYANTI SINGH AND ORS.
1997 INSC 6327 January 1997Appeal(s) allowed
The appeal arose from a dispute over the appointment of Smt. Damyanti Singh as a teacher in Mahadeo Prasad Girls High School, which had been upgraded on July 14, 1977. The respondent claimed she was regularly appointed and therefore entitled to permanent status and arrears of salary under the U.P. Intermediary Educatio…
PRAMOD KUMAR MANTRI AND ANR.versusSTATE OF ORISSA
1997 INSC 6427 January 1997Appeal(s) allowed
The State alleged that on 28 May 1988 three accused entered the house of the deceased Bauribandhu, assaulted him and dragged his body outside, leading to charges under Section 302 read with Section 149 IPC. The trial court convicted the appellants under Section 302 read with Section 34 IPC, and two of them under Sectio…
J HINDUSTAN MACHINES TOOLS LTD. AND ANR.versusM.S. KANG/P.N. KASHYAP
1997 INSC 6527 January 1997Appeal(s) allowed
Hindustan Machine Tools Ltd. introduced a special voluntary retirement scheme for employees aged 45 with at least 15 years of service, and the respondents retired under this scheme. After their retirement, the company issued Office Order No. 45/90 revising pay scales for existing employees and certain retirees, and the…
SMT. BHAGTI (DECEASED) THROUGH HER L.RS. JAGDISH RAM SHARMAversusTHE STATE OF HARYANA
1997 INSC 6627 January 1997Dismissed
The petitioners, heirs of the deceased Smt. Bhagti, sought redetermination of compensation for land acquired under the Land Acquisition Act, 1894, after the High Court enhanced the award. They filed an application under Section 28‑A(1) within 30 days of the High Court judgment, but the Land Acquisition Officer dismisse…
HIMACHAL PRADESH NAGAR VIKAS PRADHIKARANversusM/S. AGGARWAL & CO.
1997 INSC 6727 January 1997Appeal(s) allowed
The Himachal Pradesh Nagar Vikas Pradhikaran (appellant) entered into a construction contract with Mis. Aggarwal & Co. (respondent). An arbitrator awarded the respondent a 25% increase over tendered rates for work completed after the stipulated date due to delay caused by the Executive Engineer. The appellant deducted …
U.P. SECRETARIAT U.D.A. ASSOCIATION THROUGH ITS JOINT SECRETARY, G.C. SRIVASTAVA AND ORSversusSTATE OF UTTAR PRADESH AND ORS.
1997 INSC 6827 January 1997Dismissed
The petitioners, promotee Upper Division Clerks in the Uttar Pradesh Secretariat Service, challenged their appointment on an officiating basis against vacancies reserved for direct recruitment, arguing that they should be granted seniority from the date they began officiating. They contended that the quota provision un…
JAGBLR WALIAversusDELHI ADMINLSTRATION
1997 INSC 76226 November 1997Dismissed
The appellant, Jagbir Walia, was convicted under Section 9 of the Suppression of Immoral Traffic Act, 1956. He appealed, arguing that the investigation was illegal because a Sub‑Inspector, not the Assistant Commissioner of Police appointed for that purpose, conducted it, and he sought to introduce additional police rec…
THE COMMISSIONER OF POLICE, BOMBAY AND ANR.versusBHAGWAN V. LAHANE
1996 INSC 138526 November 1996Appeal(s) allowed
Bhagwan V. Lahane was appointed Sub‑Inspector in 1976 with his date of birth recorded as 12 Nov 1948 based on the school‑leaving certificate he submitted at entry. In 1982 he claimed his correct birth date was 6 June 1951 and applied for correction under Rule 36 of the Maharashtra Civil Services (General Conditions of …
SATYA PAL AND ORS.versusTHE STATE OF U.P. AND ORS.
1996 INSC 138626 November 1996
The appeal concerned the acquisition of land under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965. The central question was whether the Land Acquisition (Amendment) Act, 68 of 1984, and its Section 11‑A, applied to such acquisitions. Earlier Supreme Court decisions were split, but later judgments (Lata Awas…
STATE OF HARYANA AND ANR.versusRAVI BALA AND ORS.
1996 INSC 138726 November 1996Appeal(s) allowed
The respondents, appointed as Junior Basic Teachers, later obtained B.T./E.Ed. qualifications and claimed entitlement to higher pay scales based on a 1957 Punjab circular. The High Court allowed their claim, but the State appealed, citing the Government of Haryana's policy instruction dated 9 March 1990, which stated t…
ADAVALA SATHAIAH AND ORS.versusTHE SPECIAL DY. COLLECTOR, LAND ACQUISITION UNIT I AND ORS.
1996 INSC 138826 November 1996Appeal(s) allowed
The Supreme Court heard an appeal by special leave against the Andhra Pradesh High Court’s order remanding a compensation dispute for 71 acres of agricultural land acquired for the National Thermal Power Corporation. The Land Acquisition Officer had initially awarded Rs 4,000 and Rs 4,500 per acre for two groups of lan…
TEHRI HYDRO DEVELOPMENT CORPORATIONversusSH. S.P. SINGH AND ORS.
1996 INSC 138926 November 1996Appeal(s) allowed
The Supreme Court heard an appeal by Tehri Hydro Development Corporation against a decree of the Allahabad High Court that reduced compensation for land acquired under the Land Acquisition Act, 1894 and awarded separate compensation for buildings, factories and machinery. The issue was whether the claimants were entitl…
SIR SHADILAL DISTILLERY AND CHEMICALS WORKSversusTHE STATE OF U.P. AND OTHERS.
1996 INSC 139026 November 1996Appeal(s) allowed
The Commissioner invited tenders for supply of country‑made liquor in Uttar Pradesh for 1996‑97 and on 27 Feb 1996 allotted the districts of Saharanpur and Haridwar to Co‑operative Distillery Co. Ltd. (the third respondent). On 27 Mar 1996 the Commissioner revoked that allotment and re‑allotted Haridwar to Sir Shadial …
STATE OF PUNJABversusHARI KISHAN AND ORS.
1997 INSC 67426 September 1997Dismissed
The State of Punjab appealed against the acquittal of Hari Kishan and his brothers, who were originally convicted for the murder of Jai Rani under Sections 302 and 201 IPC. The prosecution alleged that the accused demanded dowry, ill‑treated the victim and strangled her, relying on circumstantial evidence, a purported …
M. SATYANARAYANA MURTHY AND ORS.versusMANDAL REVENUE OFFICER CUM LAND ACQUISITION OFFICER
1998 INSC 32125 August 1998Dismissed
The petitioners, M. Satyanarayana Murthy and others, filed a second review petition (RPD No. 17573 of 1998) challenging an order previously reviewed in Review Petition No. 214 of 1995, which had been dismissed. The second petition was filed after a delay of 2 years and 321 days, and the petitioners' explanation for the…
GOVERNMENT OF ORISSAversusSHRI HARAPRASAD DAS AND ORS.
1997 INSC 75224 November 1997Appeal(s) allowed
The Government of Orissa issued a selection list on 13 July 1993 for six copy‑holder posts in the State Press, but later imposed a ban on filling two‑thirds of the vacancies and the list expired on 12 July 1994 under Rule 11(v) of the 1978 Service Rules. Four candidates whose names appeared on the list sought a directi…
BHARWAD JAKSHIBHAI NAGJIBHAI AND ORS. ETC.versusTHE STATE OF GUJARAT ETC.
1995 INSC 48824 August 1995Dismissed
In June 1981 a mob of 40‑50 Bharwad community members armed with sticks and dharias attacked three Patel individuals, killing one and injuring two. The trial court acquitted all fifteen accused, treating each assault as unrelated and discounting eye‑witness testimony. On appeal, the Gujarat High Court held that the ass…
INDIAN RAILWAY PERMANENT WAY INSPECTORS ASSOCIATION AND ANR.versusTHE UNION OF INDIA AND ORS.
1997 INSC 19124 February 1997Dismissed
The petitioners, Permanent Way Inspectors (Grade III) in the Indian Railways, sought a higher pay scale (Rs 1600‑2660) than the one fixed (Rs 1400‑2300) on the ground that they formed a separate cadre subordinate to Permanent Way Mistries and Direct Track Maintenance Mistries. The Central Administrative Tribunal (Madra…
M. HARA BHUPALversusUNION OF INDIA AND ORS.
1997 INSC 19224 February 1997Dismissed
M. Hara Bhupal, a Section Officer in the Intelligence Bureau, was deputed to the Central Administrative Tribunal (CAT) as Private Secretary on 14 June 1989. He later sought absorption in the CAT as a Section Officer, which was granted effective 4 November 1996, and claimed seniority either from his promotion date in th…
LAXMI NARAIN MEHARversusUNION OF INDIA AND ORS.
1997 INSC 19324 February 1997Dismissed
The petitioner, a Scheduled Caste officer, was transferred from Kola to Mumbai on the ground of administrative necessity, despite his claim that the transfer was made on compassionate grounds and was therefore invalid. He contended that, under instructions to retain SC/ST officers near their hometowns, the transfer vio…
MST. BHABIA DEVIversusPERMANAND PD. YADAV
1997 INSC 19424 February 1997Dismissed
The respondent filed a suit for specific performance against Mst. Bhabia Devi, and an ex‑parte decree was granted when she failed to appear. She later applied under Order IX Rule 13 of the CPC to set aside the decree, alleging that notice was not served because she was not residing at the alleged address. Evidence show…
SHIBA KUMAR DUTTAND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 19524 February 1997Dismissed
The petitioners, employed as Fitters (T & G), sought to be merged with the Jig Borers category and to receive equal pay, alleging that the removal of separate nomenclatures and their fusion into a single Fitter category resulted in arbitrary and discriminatory treatment. The Central Administrative Tribunal had refused …
STATE OF GUJARATversusDAHYABHAI ZAVERBHAI
1997 INSC 19624 February 1997Appeal(s) allowed
The State of Gujarat entered into agreement No. B‑1/17 of 1981‑82 with the contractor Dahyabhai to carry out protective measures for a road bridge over the Ambica River. Although the work order was issued on 3 June 1981, the contractor delayed in receiving the work sheet and specifications and ultimately abandoned the …
TARA CHAND VYASversusCHAIRMAN AND DISCIPLINARY AUTHORITY AND ORS.
1997 INSC 19724 February 1997Dismissed
The petitioner, a former Branch Manager of a Gramin Bank, was charged with fourteen counts of dereliction of duty for granting loans without securing adequate securities or ensuring supply of implements to borrowers, resulting in loss to the bank. An inquiry officer found all charges proved based on documentary evidenc…
SODAGAR SINGHversusSTATE OF PUNJAB AND ORS.
1997 INSC 5424 January 1997Dismissed
The petitioner, Sodagar Singh, was appointed on an ad‑hoc basis as a Legal Assistant in Punjab Roadways under the direct‑recruitment quota provided by Rule 8 and 9 of the Punjab Roadways (Ministerial) State Service Class‑III Rules, 1977. The Punjab & Haryana High Court held that such an ad‑hoc appointment could not be …
THIRUMALAI TRANSPORT SERVICE ETC.versusP. SAMIAPPA GOUNDER AND ORS. ETC.
1997 INSC 5524 January 1997Dismissed
The dispute arose over a permit granted by the Regional Development Authority under Motor Vehicles Rules Rule 155‑A(6). The Madras High Court held that the order was a nullity because it failed to record any reasons, as mandated by the rule. The appellants challenged this finding, contending that the High Court erred i…
STATE OF HARYANA AND ANR. ETC.versusJOGINDER SINGH ETC
1997 INSC 5624 January 1997Appeal(s) allowed
The State of Haryana acquired 2,916 acres for a canal under the Land Acquisition Act, 1894. The District Judge fixed differentiated market values for abbi, barani and gair‑mumkin lands and, on reference under Section 18, enhanced the compensation. The Punjab & Haryana High Court single judge, however, ignored these dis…
M/S. SWASTIC INDUSTRIESversusMAHARASHTRA STATE ELECTRICITY BOARD
1997 INSC 5724 January 1997Dismissed
M/s Swastic Industries challenged the Maharashtra State Electricity Board’s right to issue a supplementary bill of Rs 317,659 and disconnect its electricity supply after the bill was paid under protest. The State Consumer Disputes Redressal Commission held that the Board’s claim was barred by a three‑year limitation un…
BHAKTA RAME GOWDA AND ORS. ETC.versusSTATE OF KARNATAKA AND ANR. ETC.
1997 INSC 5824 January 1997Appeal(s) allowed
The appellants challenged amendments to Karnataka Civil Services (General Recruitment) Rules, 1977 concerning reservation in promotion and the concept of backlog vacancies. The Supreme Court examined whether the first proviso added to Rule 8 could be applied retrospectively and whether the second proviso, which introdu…
STATE OF PUNJAB AND ANR.versusSWARAN SINGH
1997 INSC 5924 January 1997Appeal(s) allowed
The State of Punjab initiated disciplinary proceedings against Swarans Singh, who retired before the proceedings concluded. The disciplinary authority found misconduct and imposed a minor penalty, but the appellate authority on review imposed a 15% reduction in his pension. Singh filed a civil suit challenging the pens…
DURGESH CHANDRA SAHAversusBIMALCHANDRA SAHA & ORS.
1995 INSC 77823 November 1995Appeal(s) allowed
The appellant, Durgesh Chandra Saha, lodged a complaint that led to a police investigation completed on 8 February 1988 and a charge‑sheet filed under several IPC sections. The respondents, Bimalchandra Saha and others, sought discharge on the ground that the West Bengal Amendment Act (Act 24 of 1988) had amended Secti…
NAZRUL MONDAL AND ORS.versusSTATE OF WEST BENGAL
1997 INSC 70923 October 1997Dismissed
The appellants were convicted under Section 302 read with Section 149 of the IPC for the murder of Babar Ali, based primarily on the testimony of six eye‑witnesses who were relatives of the deceased. The appellants challenged the admissibility of those witnesses, argued that no specific allegation against them was made…
STATE OF U.P.versusBHOORA AND ORS.
1997 INSC 71023 October 1997Appeal(s) allowed
The State of Uttar Pradesh prosecuted Bhoora and Vishram Singh for dacoity with murder under IPC sections 396 and 34. Four eye‑witnesses testified that they saw the accused, identifiable by the colour of their khaki uniforms and hats, under the illumination of two electric poles during the incident. The trial court acc…
VINEET KUMAR MATHURversusUNION OF INDIA AND ORS.
1996 INSC 11823 January 1996Disposed off
The Supreme Court had ordered the closure of Mohan Meakin's plant on 1 April 1993 for failure to meet anti‑pollution standards. The company’s managing director and CEO operated the plant from 7‑11 April and later obtained a consent from the Uttar Pradesh Pollution Control Board on 21 April, restarting operations despit…
HARI CHARAN AND ANR.versusSTATE OF RAJASTHAN
1997 INSC 70622 October 1997Dismissed
An armed group stopped a bus at gunpoint, attempted to drag out the conductor Ram Babu, and shot him, resulting in his death. The prosecution relied on the testimony of an eye‑witness, Kedarnath, corroborated by a police informant, to convict the principal shooter (A‑1) under Section 302 IPC and the remaining accused, …
ROAD TRANSPORT COMPANYversusBHAN SINGH AND ANR.
1998 INSC 26922 July 1998Dismissed
Road Transport Company owned a passenger bus that met with an accident due to the driver’s negligence, killing 35 passengers. Nine claims were filed; the Tribunal awarded compensation but limited the insurer’s contribution to Rs 5,000 per passenger and Rs 75,000 in total, as per Section 95(2)(b)(ii) of the Motor Vehicl…
INCOME TAX OFFICER, JODHPURversusPURUSHOTTAM DAS BANGUR AND ANR.
1997 INSC 5022 January 1997Appeal(s) allowed
The Income Tax Officer had completed assessments for 1969-70 and 1971-72, accepting the assessee's claim of a long‑term capital loss on the sale of shares. Later, a letter from the Deputy Director of the Directorate of Inspection, supported by documentary evidence, indicated that the fair market value of those shares w…
C.S. VENKATASUBRAMANIANversusSTATE BANK OF INDIA
1996 INSC 136621 November 1996Disposed off
The appellant, an advocate, represented State Bank of India in a suit to recover a sum of Rs. 2.42 crore. He issued a public notice that was contrary to the bank's interests, causing the bank to lose confidence in him and request a No Objection Certificate to engage new counsel. The advocate refused, insisting on payme…
MRINALINI ROY RATNA PROVA MONDAL AND ORS.versusSTATE OF WEST BENGAL AND ORS.
1996 INSC 136721 November 1996Dismissed
The Supreme Court examined a notification under Section 4(1) of the Land Acquisition Act, 1894 for the reclamation of tank fisheries covering about 1,495.93 acres. The petitioners argued that "land" under Section 3(a) does not include tank fisheries and that the acquisition was not for a public purpose, rendering the n…
N. VENKATESWARA RAO AND ORS ETC.versusS.T.A. AND ORS. ETC.
1996 INSC 136821 November 1996Dismissed
The appellants, owners of three‑axle transport vehicles, challenged a Central Government notification dated 18 October 1996 that prescribed maximum gross vehicle weight and maximum safe axle weight under Section 58(1) of the Motor Vehicles Act, 1988. They argued that the phrase "whichever is less" and the reliance on m…
LAND ACQUISITION OFFICER, HYDERABAD ETC.versusMALE PULLAMMA AND ORS. ETC.
1996 INSC 42121 March 1996Dismissed
The Supreme Court examined an appeal concerning the acquisition of 89 acres of agricultural land in Siddanti village, Andhra Pradesh, under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer and lower courts had progressively increased compensation, with the High Court fixing a market value of…
KARNAL IMPROVEMENT TRUSTversusRAM PARKASH AND ORS.
1996 INSC 42221 March 1996Disposed off
The case arose from a land acquisition proceeding under the Land Acquisition Act, 1894 where the compensation award made by the Tribunal was challenged. The award had been passed by the President of the Tribunal without the participation of the other members, rendering it illegal and non est. While the award was under …
STATE OF WEST BENGAL AND ORS.versusTROPICAL SCHOOL EMPLOYEES UNION AND ORS.
1996 INSC 42321 March 1996Appeal(s) allowed
The Carmichael Institute for Tropical Diseases, taken over by the West Bengal Government in 1971, created separate cadres for non‑medical technical staff (Group C) and class‑IV staff (Group D). The Government, following the Second Pay Commission, granted UGC pay scales only to non‑gazetted teaching staff, while the oth…
M/S. ORIENT TRADING COMP ANY LIMITEDversusCOMMISSIONER OF INCOME TAX CALCUTTA
1997 INSC 4821 January 1997Dismissed
M/s Orient Trading Co. held 14,500 shares of Asiatic Oxygen & Acetylene Co. as stock-in-trade, valued at Rs 1,45,000. It exchanged these for 55,100 shares of Asiatic Oxygen Ltd. at a ratio of 38:10. The Income Tax Officer valued the received shares at Rs 5,51,000 (based on market price of Rs 10 per share) and taxed the…
TAMIL NADU ELECTRICITY BOARD AND ANRversusN. RAJU REDDIAR AND ANR
1996 INSC 153020 December 1996Dismissed
The Supreme Court dismissed an application for clarification filed by a new advocate after a Special Leave Petition (SLP) and a subsequent review petition had already been dismissed. The petitioner, Tamil Nadu Electricity Board, had originally engaged Advocate‑on‑Record Mr. Mariaputham, while the respondent’s counsel l…
DR. RAJESHW AR KUMAR MALHOTRA AND ANR. ETC.versusMIS LLOYD ELECTRIC ENGINEERING LTD. AND ORS.
1996 INSC 153120 December 1996Appeal(s) allowed
The Supreme Court considered appeals against a Rajasthan High Court order that had granted an injunction against Mis Lloyd Electric Engineering Ltd. The appellants, Dr. Rajeshwar Kumar Malhotra and S. Srinivasan, argued that the two senior individuals whose presence formed the basis of the injunction had resigned and t…
N. MOHANANversusSTATE OF KERALA AND ORS.
1996 INSC 153220 December 1996Dismissed
The petitioner, an assistant in the Economics and Statistics Department, applied for a transfer to the post of Legal Assistant Grade II under Kerala Secretariat Subordinate Service Special Rules. He was placed at No.13 on a merit list prepared in 1989 but was not appointed despite existing vacancies, leading him to obt…
M/S. NATIONAL INSURANCE CO. LTD.versusSMT. JIKUBHAI NATHUJI DABHI AND ORS.
1996 INSC 134620 November 1996Appeal(s) allowed
The appellant, Mis. National Insurance Co. Ltd., sought to deny liability for an accident that occurred on 25 October 1983 at 11:14 a.m. The motor insurance policy had a renewal premium due on 14 October 1983, which was paid late on 25 October 1983 at 4:00 p.m. The policy expressly stated that coverage was suspended fr…
M/S SANT RAM AND COMPANYversusTHE STATE OF RAJASTHAN AND ORS.
1996 INSC 134720 November 1996Dismissed
The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against another contract. The app…
NARAYAN DATTATRAYA RAMTEERTHAKHARversusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 134820 November 1996Dismissed
The petitioner, a government servant, was found to have misappropriated Rs. 1,440 deducted from employees and only deposited it after being compelled in 1985. An enquiry officer held him guilty of misconduct, leading the disciplinary authority to remove him from service. The petitioner challenged the removal, alleging …
DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATIONversusMOHD. YOUSUF MIYA ETC.
1996 INSC 134920 November 1996Appeal(s) allowed
The Depot Manager of Andhra Pradesh State Road Transport Corporation initiated disciplinary proceedings against driver Mohd Yousuf Miya under Regulation 28(ix) of the Employees Conduct Rules, 1963 after a fatal accident caused by his alleged failure to anticipate the incident. Simultaneously, the driver faced criminal …
MIS. NEW KENILWORTH HOTEL (P) LTD.versusORISSA STATE FINANCE CORPORATION AND ORS.
1997 INSC 4120 January 1997Dismissed
M/s New Kenilworth Hotel filed a suit challenging actions of the Orissa State Finance Corporation under Section 29 of the State Financial Corporation Act and sought a permanent injunction to protect its possession of a hotel. The trial court granted a status‑quo order, which was later vacated by a single Judge of the O…
STATE OF RAJASTHANversusDINESH KUMAR BHARTI
1997 INSC 4220 January 1997Appeal(s) allowed
The State of Rajasthan terminated the service of Dinesh Kumar Bharti, an ad‑hoc teacher appointed on 30 September 1970, after a Screening Committee under Rule 25 of the Rajasthan Service Rules, 1951 found him unfit for regularisation. Bharti challenged the termination; the trial court upheld it and the appellate court …
WARIYAM SINGH AND ORS.versusSTATE OF U.P.
1995 INSC 58419 September 1995Dismissed
The appellants were convicted under Section 120B IPC and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 for a shooting incident that resulted in death. They challenged the conviction on several grounds, chiefly that the confessional statements were not sent to the Chief Judicial Magi…
RAM KUMAR AND ANR. ETC.versusSTATE OF HARYANA
1998 INSC 10319 February 1998Appeal(s) allowed
The accused brothers were charged under IPC sections 302, 307, 324 read with Section 34 for allegedly attacking complainants while digging a khal. The trial and High Courts relied on the testimony of PW‑7 and PW‑8 and rejected the patwari’s (PW‑10) evidence, convicting the accused. On appeal, the Supreme Court held tha…
STATE OF HARYANA AND ORS.versusD.L. UPPAL
1996 INSC 10619 January 1996Appeal(s) allowed
The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending determination of the correct sc…
AHMEDABAD MUNICIPAL CORPN. ETC. ETC.versusSHARDABEN AND ORS. ETC. ETC.
1996 INSC 10719 January 1996Dismissed
The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the City Civil Court to enh…
GURUVAYOOR DEVASWOM MANAGING COMMITIEEversusCHAIRMAN, GURUVAYOOR D.EVASWOM MANAGING COMMITIEE AND ORS.
1996 INSC 10819 January 1996Appeal(s) allowed
The Supreme Court heard an appeal against a Kerala High Court order that replaced a member of the selection committee for clerks in Guruvayoor Devaswom with the Director of Training, a judicial officer, and made the Director an observer in the interview process. The appellant argued that the High Court's direction impr…
AMMINI AND ORS.versusSTATE OF KERALA
1997 INSC 73718 November 1997Dismissed
The appellants, four accused, were alleged to have conspired to murder Merli and her two children by administering potassium cyanide. The prosecution relied on extensive circumstantial evidence, including the accused's movements, fingerprint on a glass, forensic laboratory report, medical certificates, and a confession…
POLAMMARASETTI VARANA VENKA SATYANARAYANAversusSUDDHA APPARAO NAIDU (DEAD) AND ORS
1997 INSC 29118 March 1997Dismissed
The plaintiff, a mortgagee, sought redemption of a usufructuary mortgage created in 1946 over a property that was then under a lease expiring in 1948. The defendant, the lessee, claimed that his leasehold right survived the mortgage and gave him a non‑evictable interest, preventing the mortgagee from taking possession …
E.I.D. PARRY (I) LTD.versusASST. COMMR. OF COMMERCIAL TAXES AND ANR.
1999 INSC 57017 December 1999Appeal(s) allowed
The appellants, sugar manufacturers Arooran Sugars Ltd. and E.I.D. Parry (I) Ltd., challenged assessments that included planting subsidies and transport charges in their taxable turnover under the Tamil Nadu General Sales Tax Act, 1959. They argued that the subsidy agreements were independent of the sale contracts and …
MOHAN LALversusKARTAR SINGH AND ORS.
1995 INSC 63117 October 1995Appeal(s) allowed
Mohan Lal, the father of the respondents, sued Kartar Singh for possession of land, claiming ownership and that an eviction order under Section 43 of the Pepsu Tenancy and Agricultural Lands Act, 1955, was void. The lower courts held that the landlord‑tenant relationship had ended and the Collector lacked jurisdiction,…
NORTHERN PLASTICS LTD. (NOW MERGED WITH A CONSOLIDATED PHOTO AND FINVEST LTD.)versusCOLLECTOR OF CUSTOMS AND CENTRAL EXCISE
1999 INSC 42217 September 1999IA disposed
Northern Plastics Ltd imported 59 rolls of photographic colour film in January 1989. Customs authorities detained the goods, alleging mis‑declaration and denial of exemption, and on 14 September 1989 ordered their confiscation. While the matter was pending before the Supreme Court, the customs department sold the goods…
SMT. K. PONNAMMAversusTHE STATE OF KERALA AND ORS.
1997 INSC 27717 March 1997Dismissed
The petitioner, K. Ponnamma, and her husband were charged under Sections 302 and 201 of the Indian Penal Code; the husband was convicted while the petitioner was acquitted. During the pendency of the criminal trial she was suspended under Kerala Service Rule 57, which bars drawing any pay except a subsistence allowance…
UNION OF INDIA AND ORS.versusBRIJ LAL THAKUR
1997 INSC 27817 March 1997Appeal(s) allowed
The vacancy for an E.C.G. Technician in the Northern Railway Hospital was filled by promoting a Scheduled Caste candidate, Prakash Kaur, under a 40‑point roster and rule of rotation that reserved the post for SCs. An unsuccessful general‑category candidate challenged the promotion, arguing that reserving a solitary pos…
THE FLAG OFFICER COMMANDING-IN-CHIEF AND ANR.versusMRS. M.A. RAJANI AND ANR.
1997 INSC 27917 March 1997Dismissed
The Flag Officer Commanding‑in‑Chief and others appealed against a decision of the Central Administrative Tribunal (CAT) that ordered the appointment of Mrs. M.A. Rajan, a Scheduled Caste candidate, to a Grade III Stenographer post in the Ministry of Defence. The recruitment rules prescribe three sources of appointment…
HUKAM RAJ KHINVSARAversusUNION OF INDIA AND ORS.
1997 INSC 28017 March 1997Dismissed
The appellant, a government employee, was dismissed after suspension but the Central Administrative Tribunal set aside the dismissal and reinstated him on 13 March 1992, also directing that he receive all consequential benefits. The appellant did not receive those benefits, filed a contempt petition which was dismissed…
MOHAN LAL AND ORS.versusSTATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY, EXCISE AND TAXATION DEPARTMENT, GOVERNMENT SECRETARIAT, SHIMLA-2 AND ORS.
1997 INSC 28117 March 1997Appeal(s) allowed
Mohan Lal and others appealed against an order of the Himachal Pradesh Administrative Tribunal concerning the inter‑seniority of direct‑recruits to the Excise and Taxation Inspectorate (Class III) Service. The dispute centered on the interpretation of Rule 11 and Rule 4 of the Himachal Pradesh Excise and Taxation Depar…
U.P. AVAS EVAM VIKAS PARISHAD ETC. ETC.versusUDAI RAM (DEAD) THROUGH L.RS. AND ANR. ETC. ETC.
1997 INSC 28217 March 1997
The case concerned land acquired under the Land Acquisition Act, 1894, with a notification issued in 1970 and an award passed in 1980. The respondents sought a reference under Section 18, and the District Judge enhanced compensation, applying the provisions of Amendment Act 68 of 1984. The appellant, a U.P. Avas Evam V…
POWER FINANCE CORPORATION LTD.versusPRAMOD KUMAR BHATIA
1997 INSC 28317 March 1997Appeal(s) allowed
The respondent, an employee of Power Finance Corporation Ltd., applied for voluntary retirement under a scheme intended to reduce surplus staff. The corporation accepted his resignation on 20 December 1994, subject to the clearance of outstanding dues, and said the acceptance would be effective from 31 December 1994. T…
PALLAVA GRANITES INDUSTRIES INDIA (P) LTD.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.
1997 INSC 28417 March 1997Dismissed
The petitioner applied for a 15‑year mining lease over 12.08 acres of private land in Prakasam district, Andhra Pradesh. The Director initially granted a six‑month lease, but the landowners challenged the grant and the High Court ordered that any lease could be issued only with the owners' consent. Despite this directi…
SMT. SATI RANI SENversusM/S. INDIAN STANDARD CASTING CO. AND ANR.
1997 INSC 28517 March 1997Disposed off
The case involved parallel suits concerning Premises No. 31, Raja Santosh Road, Alipore, where the landlord (Indian Standard Casting Co.) obtained an ex parte decree in a suit against the principal tenant and executed possession, despite a pending suit in another court that had granted a status‑quo order and an ad inte…
GANESH S/O GULABRAO SUROSHEversusSTATE OF MAHARASHTRA AND ORS.
1997 INSC 28617 March 1997Dismissed
The appellant, Ganesh, a member of the forward caste ‘Thakur’, claimed that he belonged to the Scheduled Tribe categories ‘Ma Thakur’ or ‘Ka Thakur’ in Maharashtra and applied for a caste certificate. The Scrutiny Committee examined his claim and rejected it, finding that he did not satisfy the affinity test required f…
THE MANAGING COMMITTEE OF M.M. DEGREE COLLEGE, MODI NAGAR.versusVICE-CHANCELLOR, MEERUT UNIVERSITY AND ORS.
1997 INSC 28717 March 1997Appeal(s) allowed
Dr. B.S. Goel, Head of the Department of Statistics at M.M. Degree College, Modinagar, went on a one‑year foreign assignment with the college’s prior approval. After the assignment expired, the Managing Committee asked him to resume duties; he failed to do so, prompting an inquiry into his unauthorized absence, which h…
STATE OF U.P. AND ORS.versusAJAY KUMAR
1997 INSC 14617 February 1997Appeal(s) allowed
The respondent, Ajay Kumar, was appointed on a daily‑wage basis as a Class IV Nursing Orderly in a medical college on 14 February 1985. He filed a writ petition seeking regularisation, but the single judge held that no statutory rule or administrative instruction existed to convert his daily‑wage appointment into a per…
THE STATE OF TAMIL NADU AND ORS.versusA. GURUSAMY
1997 INSC 14717 February 1997Appeal(s) allowed
The respondent, A. Gurusamy, obtained a certificate in 1971 claiming Scheduled Tribe (Kattunaicken) status, which was later cancelled after an enquiry revealed he belonged to a Scheduled Caste (Thotti). He filed a civil suit seeking a declaration that he is a Scheduled Tribe; the trial court and appellate court granted…
STATE OF RAJASTHANversusR. DAYAL AND ORS.
1997 INSC 14817 February 1997Disposed off
The case concerned appointments of two engineers, B.S. Bhatnagar and H.L. Meena, to vacancies in the Rajasthan Service of Engineers (Building and Roads Branch) after the Rules were amended on 24 July 1995. The respondents challenged the appointments, arguing that the amended rules, which introduced new qualification cr…
UNION OF INDIA AND ORS. ETC.versusB. PRASAD, B.S.O., AND ORS. ETC .
1997 INSC 14917 February 1997Disposed off
The Supreme Court heard appeals arising from the Central Administrative Tribunal’s orders concerning the payment of Special Duty Allowance and Special Compensatory (Remote Locality) Allowance to defence civilian employees posted in the North‑Eastern region. The Union of India argued that the employees were entitled to …
SADHVI RITUMBHARAversusDIGVIJA Y SINGH AND ANR.
1997 INSC 15117 February 1997
The Supreme Court disposed of an appeal from the Madhya Pradesh High Court and directed lower courts to decide the matter on its merits without being influenced by the High Court’s findings. After the order, M.P. Mishra, Assistant Director of Public Relations, issued a press release falsely stating that the Supreme Cou…
VINAY PRAKASH AND ORS.versusSTATE OF BIHAR & ORS.
1997 INSC 15217 February 1997Dismissed
The petitioners, members of the Lohar community in Bihar, sought recognition as a Scheduled Tribe (ST) under the name "Lohara" based on a Presidential notification. The Supreme Court examined whether the erroneous inclusion of "Lohars" in the Hindi translation of the notification, absent in the English version, could c…
KESHAB NARAYAN BANERJEE AND ORS.versusTHE STATE OF BIHAR
1999 INSC 56516 December 1999Dismissed
The appellants were tried before the Special Judge (Vigilance), Patna, for alleged fraud in obtaining a Rs. 2 crore compensation under the Bihar Land Reforms Act, 1950. They contended that the offences were committed in respect of a document produced before the Compensation Officer and that, under Section 195(1)(b) of …
BALBIR CHANDversusTHE FOOD CORPORATION OF INDIA LTD. AND ORS.
1996 INSC 148916 December 1996Dismissed
The petitioner, a manager of the Food Corporation of India, was removed from service after a joint disciplinary enquiry found him guilty of dereliction of duty for failing to verify a fraudulent transport contract obtained by a notorious contractor impersonating another person. The petitioner challenged the validity of…
P. THAMPANversusSTATE OF KERALA AND ANR.
1996 INSC 149016 December 1996Appeal(s) allowed
The appellant, a Reserved Police Constable, applied for recruitment to the post of Sub‑Inspector under Government Order No. G.O. Ms. No. 55/66/HOME dated 11 February 1966, which permitted graduates employed in any branch of the police department and within the age limit to apply. He was rejected on the ground that he w…
UNION OF INDIA AND ORS.versusN.R. BANERJEE AND ORS.
1996 INSC 149116 December 1996Dismissed
The case concerned promotion to the post of Senior General Manager in the Indian Ordinance Factories under the Indian Ordinance Factories Service Rules. The Union of India argued that the Central Administrative Tribunal erred by directing the government to ignore the Annual Confidential Reports (ACRs) of 1994 and to co…
THE VICE CHANCELLOR, UNIVERSITY OF ALLAHABAD AND ORS.versusDR. ANAND PRAKASH MISHRA AND ORS.
1996 INSC 149216 December 1996Appeal(s) allowed
The Allahabad University had begun recruitment for two Reader posts before the U.P. Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994 came into force. After the Act became effective (retrospectively from 11 December 1993), the Chancellor directed the Vice‑Chancellor to a…
STATE OF PUNJAB AND ORS.versusDHARAM SINGH
1996 INSC 149316 December 1996Appeal(s) allowed
The State of Punjab initiated disciplinary action against Dharm Singh for failing to report for duty during his suspension from 21 November 1991 to 31 October 1992. An inquiry concluded that his absence was wilful, leading to his removal from service. The Punjab & Haryana High Court set aside the removal on the ground …
SAMA ALANA ABDULLAversusSTATE OF GUJARAT
1995 INSC 73916 November 1995Dismissed
The appellant, Sama Alana Abdulla, was accused of passing a BSF‑prepared map of an underground water pipeline to Pakistani intelligence. During a raid, police recovered the map from his house; a surviving panch witness did not corroborate the recovery, while two police officers who were part of the raid testified that …
BRISA MUNDAversusCHANDO KUMARI @ MOST DUMARI AND ORS.
1995 INSC 74616 November 1995Appeal(s) allowed
The appellant, a tribal resident of Chhotanagpur, filed an application under section 46(4)(a) of the Chhota Nagpur Tenancy Act, 1908 seeking possession of land that his father had surrendered and which was subsequently settled in favour of the respondents. The Deputy Commissioner rejected the application, but the revis…
UNION OF INDIA AND ORS.versusSH. IQBAL SINGH CHEEMA
1995 INSC 63016 October 1995Disposed off
Sh. Iqbal Singh Cheema, a Commandant (Selection Grade) in the Border Security Force, was convicted of corruption in a Court Martial under the Border Security Force Act, 1968. The Court Martial initially proposed forfeiture of seven years' service for promotion and pension benefits, but instead imposed dismissal. Cheema…
KALEM TUMBAversusSTATE OF MAHARASHTRA AND ANR.
1999 INSC 42016 September 1999Dismissed
Kalema Tumba, a Zaire national, arrived at Bombay Airport and his baggage was searched by Narcotics Control Bureau officers based on prior intelligence, leading to the seizure of 2 kg of heroin. The seized heroin was identified through a chemical analyser report and the appellant’s own statement under Section 108 of th…
PON ADITHANversusDEPUTY DIRECTOR, NARCOTICS CONTROL BUREAU, MADRAS/. I
1999 INSC 27716 July 1999Dismissed
Pon Adithan was convicted for possession of heroin under Sections 8(c) and 21 of the NDPS Act. The prosecution relied on the oral testimony of an Intelligence Officer who conducted the search, a confessional statement made by the accused while in the officer's custody, and forensic analysis of sealed samples prepared i…
STATE OF U.P.versusASHOK DIXIT AND ANR.
2000 INSC 7616 February 2000Dismissed
The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Ashok Dixit and Chaman Lal, who had been convicted by a Sessions Court for murder (IPC s.302), attempt to murder (IPC s.307) and illegal possession of arms (Arms Act s.25). The prosecution relied on eyewitnesses, a child witness, ballistic and …
MAHMOOD AND ORS.versusTHE STATE OF BIHAR
2000 INSC 7916 February 2000Appeal(s) allowed
A dacoity and murder occurred on 9 June 1985 in the house of informant Bhupendra Mohan Singh. Nine persons were charged under IPC Sections 396 and 412; the trial court convicted five and acquitted four, a decision upheld by the High Court. Three of the convicted—Mahmood, Mokid Alam and Post Card (Jagdish Mehto)—appeale…
CONSUMER EDUCATION AND RESEARCH SOCIETYversusUNION OF INDIA AND ORS.
2000 INSC 8116 February 2000
The Consumer Education and Research Society challenged a Gujarat State Legislature resolution and a subsequent government notification that reduced the area of the Narayan Sarovar Chinkara Sanctuary from 765.79 sq km to 444.23 sq km under Sections 18(1) and 26A(3) of the Wild Life Protection Act, 1972. The petition sou…
SARITA SHARMAversusSUSHIL SHARMA
2000 INSC 8216 February 2000Appeal(s) allowed
Sarita Sharma and Sushil Sharma, married in 1988, were involved in divorce proceedings in a Texas court which intermittently granted custody of their two minor children to the father and limited the mother to visitation. While the divorce was pending, the mother exercised her visitation rights and removed the children …
INDIAN THERMAL POWER LTD. ETC. ETC.versusSTATE OF M.P. AND ORS.
2000 INSC 8316 February 2000Disposed off
The Supreme Court examined disputes arising from Power Purchase Agreements (PPAs) and Memoranda of Understanding (MOUs) between independent power producers (IPPs) and the Madhya Pradesh Electricity Board (MPEB) concerning escrow protection and tariff determination. The IPPs claimed the PPAs were statutory contracts tha…
RAM SARANversusPYARE LAL AND ANR.
1996 INSC 7416 January 1996Appeal(s) allowed
The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1971, alleging un…
CHAIRMAN, GRID CORPORATION OF ORISSA LTD. (GRIDCO) AND ORS.versusSMT. SUKAMANI DAS AND ANR. ETC.
1999 INSC 40415 September 1999Dismissed
The widow of Pratap Chandra Das filed a writ petition under Article 226 of the Constitution seeking compensation from GRIDCO, alleging that the corporation’s negligence caused a snapped transmission line that electrocuted her husband. GRIDCO contended that the wire snapped due to a thunderbolt, an act of God, and that …
STATE BANK OF BIKANER AND JAIPURversusM/S. BALLABH DAS AND CO. AND ORS.
1999 INSC 40515 September 1999Appeal(s) allowed
The State Bank of Bikaner and Jaipur had advanced funds to M/s. Ballabh Das & Co. for export transactions and was insured against non‑payment by foreign buyers. When the buyers defaulted, the bank sued the exporters for the outstanding amounts. While the suits were pending, the Recovery of Debts Due to Banks and Financ…
STATE OF GOA AND ANR.versusSMT. S.A. ABDUL KARIM ETC. ETC.
1996 INSC 39315 March 1996Appeal(s) allowed
The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After condoning delay and gran…
MASIPATLA RAGHAVULUversusTHE REVENUE DIVISIONAL OFFICER, LAO, PEDDAPALLI
1996 INSC 39415 March 1996Appeal(s) allowed
The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision affirmed by the Andhra Pra…
M. RAMJAYARAMversusGENERAL MANAGER, SOUTH CENTRAL RAILWAY AND ORS.
1996 INSC 39515 March 1996Appeal(s) allowed
M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total score and led to th…
SEETHAMMALversusSENTHIL FINANCE AND ANR.
1996 INSC 39615 March 1996Appeal(s) allowed
In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the CPC, arguing that the s…
SMT. BASAVVA AND ORS. ETC.versusTHE SPL. LAND ACQUISITION OFFICER, AND ORS.
1996 INSC 39715 March 1996Dismissed
The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% deduction for development…
RAJASHEKHAR SANKAPPA TARADANDI AND ORSversusTHE ASSTT. COMMISSIONER AND LAND ACQUISITION OFFICER AND ORS.
1996 INSC 39815 March 1996Dismissed
The appellant challenged the Karnataka High Court’s reduction of compensation for 13 acres of land acquired under a 1979 notification. The land, situated at a considerable distance from any developed area, was initially valued at Rs 18,000 per acre by the Land Acquisition Officer, later inflated to Rs 5,61,729 per acre…
V.G. KULKARNIversusTHE SPL. LAND ACQUISITION OFFICER
1996 INSC 39915 March 1996Dismissed
The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the Land Acquisition Offi…
ISHWARLAL PREMCHAND SHAH AND ORS.versusSTATE OF GUJARAT AND ORS.
1996 INSC 40015 March 1996Dismissed
The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of solatium and other benefits…
LAXMAN NASKAR ETC. ETC.versusUNION OF INDIA AND ORS.
2000 INSC 6915 February 2000
The petitioners, all serving life sentences, had completed twenty years of continuous detention including any remission and sought premature release under the West Bengal Rules. Their applications were rejected by the Government of West Bengal primarily on police objections concerning the likelihood of reoffending. The…
STATE OF HARYANA AND ORS.versusAMAR NATH BANSAL
1997 INSC 3215 January 1997Appeal(s) allowed
Amar Nath Bansal, originally a civilian clerk in the Jind State Civil Service (1943), later served in the merged state of PEPSU, then Punjab, and finally Haryana. The Jind Service Regulations of 1945 fixed the retirement age at 62, but after the formation of PEPSU the Raj Pramukh issued Ordinances No. 1 and No. 16 of 2…
SMT. LAKHIYA DEVI ETC.versusGIRJA YADAV AND ORS. ETC.
1998 INSC 25214 July 1998Disposed off
The case concerned the murder of Chander Yadav, who was chased by a large group, forced into a small room, assaulted, and his body dragged away. The trial court convicted the accused under sections 326 and 325 read with 149 IPC, sentencing them to eight years, while the High Court set aside those convictions, relying o…
INDIAN OIL CORPORATION LTD.versusTHE CHIEF INSPECTOR OF FACTORIES AND ORS. ETC.
1998 INSC 25314 July 1998Appeal(s) allowed
Indian Oil Corporation Ltd., a government‑owned company, applied for a factory licence for its Namkum storage unit. The Chief Inspector of Factories refused, deeming the depot manager not an occupier because, under clause (ii) of the first proviso to Section 2(n) of the Factories Act, only a director of a company could…
J. JAYALALITHA ETC. ETC.versusUNION OF INDIA AND ANR.
1999 INSC 25614 May 1999Disposed off
The former Tamil Nadu Chief Minister J. Jayalalitha and several ministers challenged a Tamil Nadu Government notification that created three additional Sessions Courts in Chennai and appointed their judges as special judges to try corruption cases under the Prevention of Corruption Act, 1988 (PCA). They argued that Sec…
P. PAULSAMYversusUNION OF INDIA & ANR.
1999 INSC 26214 May 1999Case Allowed
P. Paulsamy was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 to prevent alleged drug trafficking. He filed a representation against his detention on 26‑10‑1998, but the Government considered it only after a delay, finally rejecting it on 12‑11‑…
SUBHASH CHANDER SHARMA.AND ANR. ETC.versusSTATE OF PUNJAB AND ORS.
1999 INSC 26314 May 1999Dismissed
The case concerned promotion of Junior Engineers/Overseers holding diplomas in engineering to the post of Assistant Engineer under the Punjab Service of Engineers, Class II (Irrigation Branch) Rules, 1941. A 1992 notification fixed promotion quotas, but the petitioners argued that Rule 5 required a university degree fo…
UMESH VERMAversusJAI DEVI BHANDARI AND ANR.
1998 INSC 24314 May 1998Case Allowed
The appellant, a Central Government employee about to retire, filed an eviction petition under Sections 14(1)(e) and 14C of the Delhi Rent Control Act, 1958, seeking possession of premises he had let out for his own residence. He named both respondents – a wife and her husband – as parties, alleging a dispute over whic…
EXECUTIVE ENGINEER, JAL NIGAM CENTRAL STORES DIVISION, U.P.versusSURESHA NAND JUYAL@ MUSA RAM (DECEASED) BY LRS. AND ORS.
1997 INSC 27014 March 1997Appeal(s) allowed
The case concerned the acquisition of land by the State under the Land Acquisition Act, 1894. A notification under section 4(1) was published in May 1986, objections were filed and rejected, a declaration under section 6 was issued in August 1987, and an award was made in December 1988, after which symbolic possession …
THE SPL. LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD AND ORS.versusP.M. MALLAPPA AND ORS.
1997 INSC 27114 March 1997Appeal(s) allowed
The Karnataka High Court had enhanced compensation for dry land acquired under the Land Acquisition Act, 1894 to Rs 58,000 per acre, up from the Land Acquisition Officer's award of Rs 8,000 and the reference court's award of Rs 38,000 per acre. The appellants challenged this further enhancement, arguing that compensati…
THE STATE OF BIHAR AND ORSversusBATESHWAR SHARMA
1997 INSC 27214 March 1997Appeal(s) allowed
The respondent, Bateshwar Sharma, was serving as an ad‑hoc Superintending Engineer while several departmental misconduct proceedings were pending against him. The Departmental Promotion Committee (DPC) examined his suitability for promotion from Executive Engineer and found him unfit for promotion up to 16‑Jan‑1994. Th…
STATE OF PUNJAB AND ORS.versusKRISHAN NIWAS
1997 INSC 27314 March 1997Appeal(s) allowed
Krishan Niwas, a government employee, was convicted under Section 302 IPC and sentenced to life imprisonment, leading to his removal from service under Article 311(2). The conviction was later modified to Section 325 IPC with a 1½‑year sentence. After serving the term, a departmental appeal reduced his penalty to a low…
SRI DOKKA SAMUELversusDR. JACOB LAZARUS CHELLY
1997 INSC 27414 March 1997Appeal(s) allowed
The appellant filed a suit for declaration of ownership and possession of two plots, which was dismissed by the trial court and affirmed by the appellate court. The High Court, in a review, reversed the appellate decree, claiming that relevant precedents were not cited, and held the transaction to be a genuine sale. Th…
SAMBHOO NATH MISRAversusSTATE OF U.P. AND ORS.
1997 INSC 27514 March 1997Appeal(s) allowed
Sambhoo Nath Misra filed a private complaint against R.D. Tripathi, a government servant, alleging offences under IPC sections 409, 420, 465, 468 and 477A for forging his signature and misappropriating Rs.443.90. The magistrate dismissed the complaint on the ground that sanction under Section 197 of the CrPC had not be…
THE SECRETARY, INDIAN TEA ASSOCIATIONversusAJIT KUMAR BARAT AND ORS.
2000 INSC 6714 February 2000
Ajit Kumar Barat, a Joint Secretary of the Indian Tea Association, was dismissed for refusing a transfer. He sought relief under Section 12 of the Industrial Disputes Act, 1947, and a failure report recommended that the dispute over whether he was a "workman" be referred to an industrial tribunal. The West Bengal Gover…
J.N. GOEL AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 2614 January 1997Dismissed
The case concerned the promotion of Assistant Engineers in the Central Public Works Department to the post of Executive Engineer. Under the 1954 Recruitment Rules, only graduate Assistant Engineers were eligible, but a 1972 proviso allowed diploma‑holder engineers with "outstanding ability and record" to be promoted. T…
STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.
1997 INSC 2714 January 1997Appeal(s) allowed
The petitioners were Class III and IV employees appointed by the Central Government for the 1991 Census in Bihar, whose services were terminated after the census. They filed writ petitions seeking compulsory absorption in the Bihar State Government, relying on earlier letters and policy decisions of the State dated 197…
STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.
1997 INSC 2814 January 1997Appeal(s) allowed
The Supreme Court examined appeals by the State of Bihar against a Patna High Court order directing the absorption of Class III and IV employees who were temporarily appointed by the Central Government for the 1991 Census and whose services were terminated. The petitioners claimed they were state employees and that the…
STATE OF ORISSAversusARJUN DAS AGRAWAL AND ANR.
1999 INSC 32913 August 1999Appeal(s) allowed
The State of Orissa appealed the acquittal of Manmohan Das (Manu Bangali) and Arjun Das Agrawal for the murder of Bhagirathi Panda. The trial court had convicted several accused under Sections 302/149 IPC, but the High Court acquitted Manmohan Das and Arjun Das, holding that the prosecution evidence was not corroborate…
GRID CORPORATION OF ORISSA LIMITEDversusINDIAN CHARGE CHROME LIMITED
1998 INSC 23713 May 1998Appeal(s) allowed
GRID Corporation of Orissa Ltd. (GRIDCO) succeeded the Orissa State Electricity Board and sued Indian Charge Chrome Ltd. (ICCL) for non‑payment of electricity bills arising from ICCL's captive power plant supplying power to the board. Multiple proceedings were instituted: a reference before the Orissa Electricity Refor…
A.P. SAREEN AND ORS.versusSTATE OF U.P. AND ORS.
1997 INSC 1813 January 1997Disposed off
The appellants challenged the validity of a land acquisition proceeding where the government, invoking urgency, issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 27 July 1995 and later dispensed with the inquiry required under Section 5‑A by exercising power under Section 17(1). The declarat…
SHIV KUMARI DEVENDRA OJHAversusRAMAJOR SHITLA PRASAD OJHA AND ORS.
1997 INSC 1913 January 1997Disposed off
The petitioner, a lady, filed a transfer petition seeking to move a succession application pending before the Civil Judge, Senior Division, Valsad, Gujarat, to the Civil Judge, Sadar, Pratapgarh, Uttar Pradesh, alleging difficulty in traveling and meeting expenses. The respondents offered to bear her travel and stay co…
MIS INDIAN MAIZE AND CHEMICALS LTD.versusSTATE OF U.P. AND ORS.
1997 INSC 2013 January 1997Dismissed
Indian Maize and Chemicals Ltd obtained electricity supply from the Uttar Pradesh State Electricity Board under an agreement governed by the Indian Electricity Act, 1910. The company accrued arrears of Rs 49.95 lakh and, to avoid disconnection, agreed to pay the amount in twelve monthly instalments, a plan accepted by …
S. NAGARAJANversusTHE DISTRICT COLLECTOR, SALEM AND ORS.
1997 INSC 2113 January 1997Dismissed
The appellant claimed Scheduled Tribe (Konda Reddy) status to obtain reservation benefits in the Central Civil Services Examination, but the Union Public Service Commission doubted his claim and ordered an enquiry. Multiple authorities—including the Deputy Tehsildar, Tehsildar, R.D.O., and the District Collector—examin…
A. NADAMUNI AND ORS.versusTHE PROHIBITION AND EXCISE COMMISSIONER, NAMPALLY, HYDERABAD AND ORS.
1997 INSC 2213 January 1997Dismissed
The petitioners, who were members of the Srikalahasthi Toddy Tappers Co-operative Society, were challenged on the ground that they were not genuine toddy tappers and were consequently removed from membership by the Superintendent of Excise, who also acted as Registrar under the Andhra Pradesh Co-operative Societies Act…
INDIAN TRIATHLON FEDERATIONRYAND ANR. ETC.versusPONDY TRIATHLON ASSOCIATION AND ORS. ETC.
1997 INSC 2313 January 1997Disposed off
The Supreme Court dismissed a Special Leave Petition filed by the Indian Triathlon Federation against an order of the Assistant Judge, City Civil Court, Madras, as the petition was withdrawn. The Court also dismissed a transfer petition seeking to move the appeal from the City Civil Court to the Arbitration Board under…
DHARAM PAL GOEL (DEAD) BY LRS.versusSTATE OF HARYANA AND ORS.
1997 INSC 2413 January 1997Dismissed
Dharam Pal Goel purchased about one bigha of land in Gurgaon and built a school on it in 1985. The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire the land for the public purpose of developing sectors, followed by a declaration under Section 6. Goel challenged the …
STATE OF ORISSAversusDUTI SAHU AND ORS.
1997 INSC 2513 January 1997Appeal(s) allowed
The State of Orissa appealed against an Orissa High Court order that directed the issuance of timber transit permits to displaced persons who had been assigned land in a reserved forest for cultivation between 1982 and 1985. The assignment was conditioned that the standing trees on the land remained the property of the…
M/S COX AND KINGS LTD. AND ANR.versusSMT. CHANDER MALHOTRA
1996 INSC 147512 December 1996Dismissed
The premises were originally leased to Cox & Kings (Agents) Ltd., a foreign company incorporated in the United Kingdom. After the Reserve Bank of India denied permission for the foreign company to continue its business under the Foreign Exchange Regulation Act, 1973, the leasehold interest was assigned to an Indian com…
SHEELAM RAMESH AND ANR.versusSTATE OF ANDHRA PRADESH
1999 INSC 47112 October 1999Dismissed
The appellants, members of the Peoples War Group, were convicted for firing at two ex‑members of the group at a hair‑cutting salon, resulting in the death of one victim. The trial court relied on the testimony of four eye‑witnesses who identified the accused under street‑light and shop‑light illumination, and the FIR w…
S.N. DUBE ETC.versusN.B. BHOIR
2000 INSC 1712 January 2000Dismissed
The Supreme Court examined the murder of Suresh Dube and the subsequent terrorist‑related conspiracy involving gangs of Bhai Thakur and Manik Patil. The trial court had excluded confessions recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) on the ground of procedural irregular…
VIKRAM SHITOLE AND ANR.versusTHE M.P. STATE ROAD TRANSPORT CORPORATION AND ORS.
1996 INSC 146911 December 1996Dismissed
The appellants, Vikram Shitole and others, held permits to operate stage carriages on the Gwalior‑Indore route, which had been notified as a frozen route under Section 68‑D(3) of the Motor Vehicles Act, 1939. A self‑employment scheme allowed unemployed graduates to run stage carriages on such routes subject to specific…
STATE OF PUNJAB AND ORS.versusM/S SURINDER KUMAR AND CO. AND ORS.
1996 INSC 147011 December 1996Appeal(s) allowed
The respondents, who held licences to sell Indian-made foreign liquor in Ludhiana, had their licences cancelled by the Excise Department on grounds of illegalities. They filed writ petitions alleging that the Minister for Excise acted mala fide in the cancellation. The Punjab & Haryana High Court directed the responden…
PATEL BHUDARBHAI MAGANBHAI AND ANR.versusPATEL KHEMABHAI AMBARAM AND ORS.
1996 INSC 147111 December 1996Dismissed
The dispute arose over a property mortgaged by widow Bai Jivi in 1911; after her death in 1955 the property passed to her daughter Hati, who filed a suit for redemption of the mortgage. The trial court dismissed the suit, but the Additional District Judge decreed in favour of the respondents, holding that Hati was the …
SMT. CHATRO WIDOW OF NAND RAM AND ORS.versusSAHAYAK SANCHALAK CHAKBANDI, MEERUT AND ORS.
1996 INSC 147211 December 1996Appeal(s) allowed
Jallo purchased the proprietary right of a Zamindari estate in 1933 and became the khudkhash-holder. She later inducted her husband Tunda as a tenant, who died in 1947‑48. After the enactment of the U.P. Zamindari Abolition and Land Reforms Act, 1950, a dispute arose over who succeeded to the estate of either Tunda or …
PARBATI DEVIversusPURNA PATRA AND ORS.
1996 INSC 147311 December 1996Appeal(s) allowed
The appellant purchased a one‑fourth share of land that had been auctioned in 1938 to Babu Suryanarayan, who obtained possession and later sold the same share to Hemamali Devi, who in turn sold it to the appellant in 1950. The appellant filed a suit for partition of that share, and the trial court and the appellate cou…
FARIDABAD COMPLEX ADMINISTRATIONversusYADU ETC.
1996 INSC 147411 December 1996Appeal(s) allowed
Biharilal and Mahipal constructed shops on land owned by Ballabgarh Municipality and were served notices under Section 208 of the Haryana Municipalities Act, 1973 for unauthorized construction. They later sold the land to the respondents, who sued the Faridabad Complex Administration (successor to the municipality) for…
STATE OF MAHARASHTRAversusSURESH
1999 INSC 55110 December 1999Appeal(s) allowed
The State of Maharashtra charged Suresh with the rape and murder of a four‑year‑old girl, Sneha, alleging that he abducted her, sexually assaulted her and concealed her body in a farm. The trial court convicted him on the basis of circumstantial evidence, including eyewitnesses who saw the accused with the child, a tes…
SHEOJI MAHTO AND ORS.versusTHE ADDITIONAL MEMBER, BOARD OF REVENUE AND ORS.
1996 INSC 146110 December 1996Appeal(s) allowed
The appellants, who were raiyats holding land adjoining a parcel sold by the respondents, filed an application for pre-emption under Section 16(3)(i) of the Bihar Lands Ceiling Act within three months of the sale deed's registration. The Collector rejected the application, and the Patna High Court dismissed the appella…
MAJOR YOGENDERA NARAIN YADAV ETC.versusSHRI BINDESHWAR PRASAD AND ORS. ETC.
1996 INSC 146210 December 1996Appeal(s) allowed
Major Yogendra Narain Yadav, a demobilised short‑commissioned army officer, was appointed a permanent Assistant Engineer in the Bihar Roads and Buildings Department with seniority back‑dated to 15 April 1963 under a 1969 Government circular. Several respondents, initially appointed as temporary Assistant Engineers and …
STATE OF GUJARAT ETCversusHOTEL RATRANI THROUGH ITS PROPRIETOR SHRI KANJI VISHWRAM PATE, BHUJ (KUTCH) ETC.
1996 INSC 146310 December 1996Appeal(s) allowed
The State of Gujarat appealed against the Gujarat High Court’s decision that declared Section 6-A of the Gujarat Entertainment Tax Act, 1977 and certain rules of the Gujarat Cinema (Regulation & Exhibition by Video) Rules, 1984 unconstitutional. The petitioners argued that levying entertainment tax on the gross collect…
MAJOR SINGHversusRATTAN SINGH (DEAD) BY LRS. AND ORS.
1996 INSC 146410 December 1996Dismissed
Daulat Singh executed a Will in 1974 bequeathing his property to his brother Rattan Singh, who died shortly thereafter. The appellant, a sister, challenged the Will and the respondents filed a suit for declaration based on it. The trial court dismissed the suit, a first appellate court affirmed, but the Punjab & Haryan…
MRS VENMATHI SELVAMversusSTATE OF TAMIL NADU AND ANR.
1998 INSC 24810 June 1998Case Allowed
The appellant's husband was detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 on 23 August 1997. He filed a representation seeking release on 7 October 1997, which the State Government failed …
KANDENKUTTY AND ORS.versusSTATE OF KERALA AND ORS.
1997 INSC 24610 March 1997Dismissed
The petitioners challenged a land acquisition notification issued on 10 January 1981 under Section 4(1) of the Land Acquisition Act, 1894 (and the corresponding Kerala provision). They argued that the later denotification of part of the land under Section 48 disturbed the integrality of the original notification, rende…
STATE OF M.P. AND ANR.versusBRIJESH KUMAR AWASTHI AND ORS.
1997 INSC 24710 March 1997Appeal(s) allowed
The State of Madhya Pradesh acquired forest land under Section 16 of the Indian Forest Act and, in lieu of compensation, transferred the land to the respondents. The respondents later sued for a declaration of title and compensation, and the Conservator of Forest colluded with them to obtain a compromise decree that se…
HINDUSTAN EDUCATION SOCIETY AND ANR.versusSK. KALEEM SK. GULAM NABI AND ORS.
1997 INSC 24810 March 1997Appeal(s) allowed
The Hindustan Education Society appointed Sk. Kaleem as a teacher on a temporary basis for eleven months under a clear vacancy, as per the order dated 10 June 1992. The appellant sought regularisation of his service, but the Bombay High Court had held that the appointment was a permanent one and directed his regularisa…
THE BIHAR STATE WATER DEVELOPMENT CORPORATIONversusSHRI ARUN KUMAR MISHRA AND ORS.
1997 INSC 24910 March 1997Dismissed
The case concerned a permanent employee of the Bihar Irrigation Department who was transferred on deputation to the Bihar State Water Development Corporation while retaining a lien on his original post. The corporation was subsequently wound up and the employees were to be accommodated in other departments; the employe…
SRI SANJOY BHATTACHARJEEversusUNION OF INDIA AND ORS.
1997 INSC 25010 March 1997Dismissed
Sanjoy Bhattacharjee, a diploma‑engineer, applied for a technician post and was placed on a waiting list after the 480 notified vacancies were filled. He filed an application before the Central Administrative Tribunal seeking his appointment according to his rank and a stay on fresh recruitment until the waiting list w…
STATE OF HARYANAversusSURINDER KUMAR AND ORS.
1997 INSC 25110 March 1997Appeal(s) allowed
The Supreme Court examined the claim of daily‑wage contract clerks employed by the State of Haryana for regularisation and equal pay with regular clerks. The High Court had ordered their regularisation and payment of equal wages, which the State appealed. The Court held that any appointment or regularisation must confo…
TECH EXECUTIVE (ANTI POLLUTION) WELFARE ASSOCIATIONversusCOMMISSIONER OF TRANSPORT DEPT. AND ANR.
1997 INSC 25210 March 1997Dismissed
The Technical Anti‑Pollution Level Test (TAPLT) Inspectors sought promotion on par with Motor Vehicle Inspectors (MVI) under the Motor Vehicles Act, 1989. The Central Administrative Tribunal (CAT) directed the government to create posts and promotional avenues for TAPLT inspectors, but the government later rejected the…
THE DIRECTOR OF TRIBAL WELFAREversusLAVETI GIRI AND ORS.
1997 INSC 25310 March 1997
The Supreme Court examined a petition by the Director of Tribal Welfare seeking clarification on whether the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Rules for Issue of Community Certificates, 1997, complied with earlier Supreme Court guidelines on caste‑certificate issuance. The Court rev…
SRI DEVENDRA PRASAD SHARMAversusTHE STATE OF MIZORAM AND ORS.
1997 INSC 25410 March 1997Dismissed
The petitioner, Srid... was promoted to Deputy Superintendent of Police in 1982, while the respondents were directly recruited to the same rank on 25 March 1982. The dispute centered on the inter‑se seniority between direct recruits and promotees under Rule 25(iii) of the Mizoram Police Service Rules, 1986, which manda…
DY. GENERAL MANAGER, REDESIGNATED AS DEPUTY DIRECTOR, INTER STATE BUS TERMINAL ETC.versusSMT. SUDERSHAN KUMARI AND ORS. ETC.
1996 INSC 14469 December 1996Disposed off
The appellant, Deputy Director of the Inter State Bus Terminal, appealed against the conviction of Smt. Sudershan Kumari for filing false certificates and affidavits. The Supreme Court examined whether the respondent had indeed produced a false affidavit attested by an oath commissioner and whether the notary could be …
HARI SHAMRAO HIMJE AND ORS.versusUNION OF INDIA AND ORS.
1996 INSC 14479 December 1996Appeal(s) allowed
The appellants, who were promoted from Data Processing Assistants to Data Processing Supervisors, were placed in the entry‑level Grade ‘A’ (pay Rs.1600‑2600) instead of the higher promotional Grade ‘B’ (pay Rs.2000‑3300). They contended that this classification was unjust and sought to be fitted into Grade ‘B’ with the…
UNION OF INDIA AND ORS.versusA.J. FABIAN
1996 INSC 14489 December 1996Appeal(s) allowed
The respondent, a retired railway chief inspector, was given six opportunities to switch from the Provident Fund Scheme to the Pension Scheme but never exercised the option. In 1993 he applied to be allowed to opt for the pension scheme; the Government rejected the request and he filed a petition before the Central Adm…
DHIRENDER SINGH ETCversusSTATE OF HARYANA AND ORS.
1996 INSC 14499 December 1996Dismissed
The appellants, police officers, were promoted on an ad‑hoc basis under the sports quota by the Superintendent of Police on 16 January 1990, without the required approval of the DIG. The promotion order stipulated that the officers could be reverted at any time without notice and without seniority rights. The appellant…
DR. BALJIT SINGHversusSTATE OF HARYANA
1996 INSC 14509 December 1996Dismissed
Dr. Baljit Singh, a H.C.M.S.-II officer, gave a three‑month notice of voluntary retirement under Rule 5.32(b) of the Punjab Civil Service Rules on 20 September 1993 and handed over his charge on 11 February 1994 without the government's acceptance. The Government declined to accept his retirement because serious crimin…
SMT. SANJUKTA PATTANAIKversusSTATE OF ORISSA AND ORS.
1996 INSC 14519 December 1996Dismissed
Sanjukta Pattanaik was appointed as a clerk in 1974 and later was kept in charge of a teaching post in 1990. She claimed that this temporary charge made her a teacher and filed a writ petition, obtaining provisional approval from the Director of Education in 1992. The State challenged her claim, and the High Court dire…
NASIK MUNICIPAL CORPORATIONversusHARBANSLAL LAIKWANT RAJPAL AND ORS. ETC.
1996 INSC 14529 December 1996Appeal(s) allowed
The case concerned a scheme under the Maharashtra Regional & Town Planning Act, 1966 for reserving land for stables and a road, which was later modified to reserve the same land for informal housing and stables. The original reservation was deleted and a corrigendum restored the status quo ante with a slight modificati…
DR. NARINDER SINGH POONIAversusUNION OF INDIA AND ORS.
1996 INSC 14539 December 1996Disposed off
Dr. Narinder Singh Poonia, a researcher, was conducting a DST‑funded project titled "Chemical, Physico‑Chemical, Structural and theoretical investigations of alkali and alkaline earth cation systems…". The Department of Science and Technology (DST) terminated the grant under condition XIII, which reserves the right to …
DINKAR ANNA PATIL AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
1998 INSC 4169 November 1998Appeal(s) allowed
SH. HUKAM CHAND KHUNDIAversusCHANDIGARH ADMINISTRATION AND ANR.
1995 INSC 6079 October 1995Dismissed
Hukam Chand Khundia was appointed as a temporary clerk on probation in the District and Sessions Court, Chandigarh. His services were deemed unsatisfactory and his integrity questioned, leading to a termination order without any enquiry. He challenged the order before the Central Administrative Tribunal under Section 1…