GOPALAKRISHAN AND ORS.versusUNION OF INDIA
1995 INSC 65431 October 1995Dismissed
The appellants, who were Upper Division Clerks receiving a special pay of Rs 35 per month, were promoted to Head Clerks/Chief Clerks after a 1979 memo that barred the continuation of that special pay upon promotion. A Board of Arbitration later directed that the special pay be granted to promoted clerks effective 1 Sep…
KAPURTHALA IMPROVEMENT TRUST, PUNJABversusLAND ACQUISITION TRIBUNAL, KAPURTHALA AND ORS.
1995 INSC 65531 October 1995Dismissed
The Punjab Town Improvement Act, 1922 was invoked to acquire 124 kanals 3 marlas of land in Kapurthala for Development Scheme No. 2. The Collector, in his award dated 12 October 1976, divided the land into three belts (A, B, C) and fixed compensation at Rs 300, Rs 360 and Rs 210 per marla respectively. On reference und…
THE SPECIAL LAND ACQUISITION OFFICER, KALINADAI (HYDRO-ELECTRIC) PROJECT, DANDALI, UTTAR KANNADA DISTRICTversusVASANT GUNDU BALE
1995 INSC 65631 October 1995Appeal(s) allowed
The State acquired six acres of land for a hydro‑electric project under s.4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation which was enhanced by the reference court to Rs 15,520 per acre. The High Court, applying a multiplier of 15 to the rental value, raised the amount to Rs 18,0…
SMT. BELI RAM SINGH CHOWDHARY AND ORS.versusSTATE OF ASSAM
1995 INSC 65731 October 1995Disposed off
The appellants filed a suit claiming that certain lands in Chaibari Village were transferred to their predecessor as dowry and that they had continued possession, asserting that the lands were not vested in the State under the Assam Acquisition of Zamindaries Act, 1951. The trial court decreed in their favour, but the …
COMMISSIONER/SECRETARY TO GOVERNMENT HEALTH AND MEDICAL EDU. DEPTT. CIVIL SECTT., JAMMUversusDR. ASHOK KUMAR KOHLI
1995 INSC 65831 October 1995Disposed off
Dr. Ashok Kumar Kohli, selected by the Jammu & Kashmir Public Service Commission for a lecturer post, was not appointed and filed a writ of mandamus. The State Government contended that the select list had lapsed after one year, while Dr. Kohli argued otherwise. The High Court issued interim directions, including an or…
AWADH BIHARI YADAV AND OTHERSversusTHE STATE OF BIHAR AND OTHERS
1995 INSC 52231 August 1995Dismissed
The Society (Budha Griha Nirman Sahyog Samiti Ltd.) sought acquisition of 32.48 acres of land under emergency provisions of the Land Acquisition Act, 1894. The State of Bihar, through the Patna Development Authority, took possession of the land but failed to complete the award within two years, leading the Society to f…
DR. G.N. KHAJURIA AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.
1995 INSC 52331 August 1995Appeal(s) allowed
The appellants, residents of Sarita Vihar, challenged the Delhi Development Authority’s (DDA) allotment of park land to a private institute for operating a nursery school. They argued that the land was reserved for a park under the Delhi Development Act, 1957 and the corresponding zoning rules, making the allotment ill…
S. RAMACHANDRA RAJUversusSTATE OF ORISSA
1994 INSC 34531 August 1994
The appellant, a lecturer appointed in 1965, received a solitary adverse confidential report for the academic year 1987‑88, which he claimed was made in mala‑fide by the principal. He sought to have the remarks expunged, was promoted to Reader in 1991, but was compulsorily retired on 28 May 1991 under Rule 71(a) of the…
SMT. SHANTI DEVI AND ORS.versusSTATE OF RAJASTHAN AND ORS .
1994 INSC 34031 August 1994Dismissed
The appellants challenged the acquisition of land under the Rajasthan Land Acquisition Act, claiming that a subsequent order dated 4 November 1985 had regularised the conversion of agricultural land to non‑agricultural use and vested title in them. They relied on this order, which was produced for the first time before…
ANSAL ENGINEERING PROJECTS LTD.versusTEHRI HYDRO DEVELOPMENT CORPORATION LTD. AND ANR.
1996 INSC 80731 July 1996Dismissed
Ansal Engineering Projects Ltd entered into a construction contract with Tehri Hydro Development Corporation Ltd (THDC) and furnished a bank guarantee of Rs 57,57,970 issued by UCO Bank in favor of THDC. After THDC terminated the contract, it invoked the guarantee and demanded payment. Ansal sought an injunction under …
U.P. PUBLIC SERVICE COMMISSION, ALLAHABADversusVINOD KUMAR SRIVASTAVA AND ORS.
1995 INSC 43131 July 1995Disposed off
The Uttar Pradesh Public Service Commission selected candidates for the post of Assistant Labour Commissioners and sent the list to the Government for approval, subject to the outcome of a writ petition filed by a candidate who later retired. The appeal concerned the promotion claims of other officers under Rule 5 of t…
SUSHILA SAW MILLversusSTATE OF ORISSA AND ORS.
1995 INSC 43231 July 1995Dismissed
The petitioner, Sushila Saw Mill, operated a saw mill in Keonjhar district of Orissa, which lay within a "prohibited area" defined as a reserved forest or within 10 km of its boundary. Under the Orissa Saw Mills & Saw Pits (Control) Act, 1991, Section 4(1) imposes a total embargo on establishing or operating saw mills …
G. RAMESANversusSTATE OF KERALA AND ANR.
1997 INSC 33631 March 1997Dismissed
The Kerala High Court classified 17 acres of land acquired for a Kerala Road Transport Corporation depot into two belts – land abutting the road and low‑lying land below one metre – and awarded different compensation rates. The appellant challenged this classification, arguing that the belting principle should apply on…
STATE OF ORISSA AND ANR.versusDAMODAR NAYAK AND ANR.
1997 INSC 33731 March 1997Leave Granted & Allowed
The appeal concerned whether a lecturer appointed in 1976 without the requisite qualifications could receive salary under the Government's Grant‑in‑Aid Scheme. The State clarified in 1987 that unqualified lecturers with at least second‑class marks could be eligible, and a 1983 resolution prescribed specific qualificati…
UNION OF INDIAversusR.V. SWAMY@ VELLAICHAMY
1997 INSC 33831 March 1997Leave Granted & Allowed
R.V. Swamy, a deceased freedom fighter, claimed a Central Freedom Fighters pension based on certificates issued by prominent freedom fighters. The Madras High Court, after appreciating the evidence, directed that the pension be granted to his legal representatives. The Government of Tamil Nadu re‑examined the claim and…
LUXMI DEVIversusTHE STATE OF HARYANA AND ORS.
1997 INSC 33931 March 1997Appeal(s) allowed
The appellant, Luxmi Devi, joined the police service as a Constable in 1981 and, through superior performance, was promoted and confirmed ahead of respondent No.6, Asha Rani, who was later transferred to Rohtak range at her own request. After the appellant's deputation period ended, the State attempted to revert her to…
HARINARAYAN SHRIVASTAVversusUNITED COMMERCIAL BANK AND ANR.
1997 INSC 34031 March 1997Dismissed
The petitioner, a bank employee, was charged with sanctioning loans to fictitious persons and a domestic enquiry was initiated. He applied for permission to engage an advocate, which was denied by the bank and upheld by the High Court. The petitioner argued that the pending criminal case on the same allegations made le…
COMMITTEE OF MANAGEMENT, ARYA NAGAR INTER COLLEGE, ARYA NAGAR, KANPUR THROUGH ITS MANAGER AND ANR.versusSREE KUMAR TIWARY AND ANR.
1997 INSC 34131 March 1997Leave Granted & Allowed
The Committee of Management of Arya Nagar Inter College appointed Sree Kumar Tiwari as an ad‑hoc teacher on 1 July 1986 for a short‑term vacancy. His services were terminated on 30 May 1988 effective 30 June 1988, after which he challenged the termination by a writ petition. While the petition was pending, a stay was g…
KRISHAN KUMAR, ASSISTANT SECRETARY, MARKET COMMITTEE, BHIWANI, DISTRICT BHIWANI, (HARYANA)versusHARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA THROUGH ITS CHIEF SECRETARY.
1997 INSC 34231 March 1997Leave Granted & Allowed
The Haryana State Agricultural Marketing Board advertised for Assistant Secretary posts requiring a graduate degree, knowledge of the Punjab Agricultural Produce Marketing Act and at least three years of experience in a government or semi‑government body. Krishan Kumar was appointed based on experience certificates, in…
A.N. SEHGAL AND ORS.versusRAJE RAM SHEORAN AND ORS.
1995 INSC 23631 March 1995Disposed off
The Supreme Court revisited a contempt petition filed by A.N. Sehgal and others against Raje Ram Sheoran and others for failing to implement the Court's 1992 directions on seniority allocation between direct recruits and promotees under the Haryana Service Engineers (Class‑I) PWD Rules, 1960. The earlier judgment manda…
KAMLA SHANKARversusTHE DIRECTOR OF BOARD OF TECHNICAL EDUCATION, KANPUR AND ANR.
1995 INSC 23831 March 1995Disposed off
The appellant, Kamla Shankar, had obtained a direction from the Allahabad High Court to appear for the fourth‑year diploma examination, but the result was never declared. He filed a civil appeal before this Court seeking an order similar to one passed on 12 January 1986, directing the Board of Technical Education, Kanp…
THE IMPROVEMENT TRUST, PATIALAversusTHE LAND ACQUISITION TRIBUNAL AND ORS.
1995 INSC 23931 March 1995Appeal(s) allowed
The Improvement Trust, Patiala appealed against an award of the Land Acquisition Tribunal that granted the owner‑share certain benefits under Section 23(1‑A) of the Land Acquisition Act, 1894 as amended by the 1984 amendment. The respondents claimed entitlement to a 12% per annum interest on the enhanced compensation f…
DR. KASHINATH NAGAYYA IBATTEversusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 24031 March 1995Disposed off
The appellant, a Scheduled Tribe candidate, was appointed as a lecturer in 1981 to a reserved vacancy on a temporary, ad‑hoc basis and served continuously until 1993. The State later filled the same category of vacancies through regular selection by the Public Service Commission (PSC), appointing three candidates who w…
U.P. STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN AND ORS.versusSRI RADHEY MOHAN VERMA
1994 INSC 13931 March 1994Appeal(s) allowed
The respondent, a suspended employee of Mirzapur Electricity Supply Co., filed a writ petition seeking reinstatement after the company's licence was revoked on 1 September 1975 and the Uttar Pradesh State Electricity Board took over the undertaking. The Board had agreed not to take on any employee against whom discipli…
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…
C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.
1996 INSC 15431 January 1996Dismissed
The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport Authority, contended t…
CHAIRMAN AND MANAGING DIRECTOR, PUNJAB NATIONAL BANKversusRAJENDRA NATH CHAWLA
1996 INSC 15531 January 1996Appeal(s) allowed
The appellant bank promoted the respondent officer to MMG Scale II on the condition that he serve two years in a rural branch, and barred any officer who refused such posting from promotion for two years. The respondent refused the rural posting in 1990, later cancelled a subsequent posting in 1992, and applied for pro…
U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL
1996 INSC 15631 January 1996Dismissed
The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years of service, was not…
GHAZIABAD SHEROMANI SAHKARI AVAS SAMITI LIMITED & ANR. ETC.versusSTATE OF U.P. & ORS. ETC.
1990 INSC 2231 January 1990Appeal(s) allowed
Five cooperative housing societies comprising low‑paid government servants had purchased land in Ghaziabad to build residential units for their members. The State later issued a notification under sections 4(1) and 17(1) of the Land Acquisition Act, 1894, to acquire the same land for the Ghaziabad Development Authority…
STATE OF PUNJAB AND ORS.versusOM PRAKASH AND ORS.
1995 INSC 82030 November 1995Appeal(s) allowed
The State of Punjab appealed a judgment of the Punjab & Haryana High Court (RA No. 164 of 1992) challenging the same legal question previously decided in State of Punjab & Ors. v. Vinod Kumar & Ors. (Civil Appeal No. 1879 of 1993). The Supreme Court, recalling its earlier order that had allowed the appeal in Vinod Kuma…
MOTHER SUPERIOR, INFANT JESUS FRANSICAN CLARIST CONVENT, ENGANDIYURversusAMBI KUNJUMON AND ORS. ETC.
1995 INSC 81030 November 1995Appeal(s) allowed
The Mother Superior, Infant Jesus Franciscan Clarist Convent, a charitable society registered under the Societies Registration Act, owned land on which a Kudikidappu Karan (homestead dweller) resided. The society sought to construct an orphanage and applied to the government to acquire a new site for the homestead dwel…
SABIR HUSSAIN AND ANR.versusSTATE OF U.P. AND ORS.
1995 INSC 81230 November 1995Dismissed
Sabir Hussain and another appealed against the State of U.P. challenging the validity of a scheme approved under the Motor Vehicles Act, 1939 on the ground that the scheme failed to specify the number of services. The question before the Supreme Court was whether such an omission would render the approved scheme invali…
YOGENDRA NARAYAN CHOWDHURY AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 81330 November 1995Dismissed
The Supreme Court considered the classification of mazdoors employed in the military engineering department following the recommendations of the Third Pay Commission. Some workers, after passing a prescribed test, were initially placed in the skilled category but were later re‑fit into the semi‑skilled category with an…
STATE OF HIMACHAL PRADESHversusSHRI PIRTHI CHAND AND ANR.
1995 INSC 81530 November 1995Disposed off
The State of Himachal Pradesh charged Shri Pirthi Chand under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after police seized 1.015 kg of charas following a raid based on secret information. The Sessions Judge discharged the accused, holding that the mandatory safeguards of Section 50 of the …
MUSTAQ ALI KHAN (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
1995 INSC 81630 November 1995Disposed off
The appellant, Mustaq Ali Khan (deceased) by his legal representatives, claimed Asami rights over 40.99 acres in Uttar Pradesh after succeeding his disabled son, who had sub‑leased the land to several respondents. The respondents, who had cultivated the land for more than 45 years, asserted Adhivasi status and sought B…
SMT. KAMALABAI JAGESHWAR JOSHI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 81730 November 1995Dismissed
The appellants’ 62.5‑acre agricultural land was acquired for the extension of the South Eastern Railway Station and an initial compensation of Rs.250 per acre was awarded under the Land Acquisition Act, 1894. The Reference Court enhanced the award to Rs.2,000 per acre and the Bombay High Court further raised it to Rs.7…
KARSAN AMBUBHAI SINDHAVversusTHE STATE OF GUJARAT
1994 INSC 56330 November 1994Dismissed
The appellant, Karsan Ambubhai Sindha, owned agricultural land exceeding the ceiling of 54 acres prescribed under the Gujarat Agricultural Land Ceiling Act, 1960. The Tribunal, after excluding the ceiling area, identified 18.23 acres as excess and ordered surrender. The appellant argued that his parents and other relat…
MATHEVAN PADMANABHAN @ PONNAN (DEAD) THROUGH LRS.versusPARMESHWARAN THAMPI AND ORS
1994 INSC 56430 November 1994Appeal(s) allowed
The respondents filed a suit for possession of land alleging that the appellant had surrendered his tenancy and was in illegal possession. The appellant contested, claiming he remained a tenant and sought permission under Section 72‑B of the Kerala Land Reforms Act to purchase the land. The civil court, invoking Sectio…
L. V ASANTHA KUMARIversusBALAMMAL AND ORS.
1994 INSC 56530 November 1994Appeal(s) allowed
The appellant, L. V. Vasantha Kumar, occupied a hut on land that had been sold by Subramonian Pillai to Vaikuntam Pillai in 1955, and later claimed ownership based on an agreement to purchase. The respondent, Balammal, obtained a decree for specific performance of that agreement and subsequently sued for possession, al…
KULDIP MAHATON AND ORS.versusBHULAN MAHTO (DEAD) BY L.RS. AND ORS.
1994 INSC 56630 November 1994Appeal(s) allowed
Munnia, the widow of Bigu, held a life estate in property and died in 1932 before the Hindu Women’s Right to Property Act, 1937 came into force. Upon her death, the property reverted to the reversioners – the first respondent (Bhulan) and the appellants – making them co‑owners. Bhulan claimed he had been adopted by Mun…
STATE OF HARYANA AND ORS.versusSHRI SURAJ BHAN
1996 INSC 125630 October 1996Appeal(s) allowed
Shri Suraj Bhan, a driver employed since 1970, was declared medically unfit to drive heavy vehicles in 1992 and retired in 1995. He sought a compassionate appointment for his son, and the Punjab and Haryana High Court ordered the appellant corporation to appoint the son on compassionate grounds. On appeal, the Supreme …
MITHILESH KUMARversusMANOHAR LAL
1996 INSC 125730 October 1996Appeal(s) allowed
Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily registrable document under S…
SMT. YASHOMATJ HARSUKHLAL LATHIA AND ORS.versusSAURASHTRA KUTCH STOCK EXCHANGE AND ORS.
1995 INSC 64030 October 1995Appeal(s) allowed
Sm. Yashomati Harsukh Lal Lathia, having passed Matric which is treated as the 11th standard in Gujarat's Saurashtra region, applied for membership of the Saurashtra‑Kutch Stock Exchange but was rejected for not possessing a 12th standard qualification. The issue before the Court was whether the amendment to the Sauras…
BHATTAD LEASING AND FINANCE CO. LTD.versusMR. NUSLI NEVILLE WADIA AND ORS.
1995 INSC 64130 October 1995Dismissed
Bhattad Leasing and Finance Co. Ltd. appealed to the Supreme Court against a contempt proceeding initiated by the Bombay High Court against Mr. N. Neville Wadia and others. The High Court had alleged that respondents 5, 6 and 7 violated a status‑quo order dated 30 May 1994, while respondents 1‑4 were also implicated. T…
THE STATE OF PUNJAB AND ANR.versusJAGIR SINGH ETC.
1995 INSC 64430 October 1995Appeal(s) allowed
The State of Punjab appealed against a High Court order that, while confirming the Collector's award of compensation for land acquisition, also granted additional statutory benefits under the Land Acquisition (Amendment) Act, 1984. The Supreme Court held that a court can award the extra amounts under Sections 23(1‑A), …
STATE OF KARNATAKAversusMALLINATH AND ORS.
1995 INSC 64530 October 1995Appeal(s) allowed
The State of Karnataka appealed against the award made by the Collector in a land acquisition proceeding involving Mallinath and others. The issue was whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by the Land Acquisition (Amendment) Act 68 of 1984, which provides for additional compensation, cou…
DEOKINANDAN AND ORS.versusSURAJPAL AND ORS.
1995 INSC 64630 October 1995Appeal(s) allowed
In a civil suit concerning 0.7 acres of land covered by the U.P. Zamindari Abolition and Land Reforms Act, 1951, the defendant objected that the suit was barred under Section 331 of the Act. The trial court and the appellate court rejected the objection, and the High Court dismissed the second appeal in limine. The def…
PROPRIETOR, M/S. JABALPUR TRACTORSversusSEDMAL JAINARAIN AND ANR.
1995 INSC 64730 October 1995Appeal(s) allowed
The proprietor of Mis. Jabalpur Tractors claimed garage charges of Rs. 18,000 against Sedmal Jainarain and another. The same dispute was already pending before the District Court (C.S. No. 49‑B/1990). The State Consumer Forum held the claim could not be entertained as it was sub‑judice, but the National Consumer Disput…
COMMISSIONER, SALEM MUNICIPALITYversusT. KURALMANI AND ANR.
1995 INSC 64830 October 1995Appeal(s) allowed
The Commissioner of Salem Municipality appealed to the Supreme Court against an order of the Tamil Nadu Administrative Tribunal that had summarily disposed of the matter without hearing the rival contentions. The Supreme Court held that the Tribunal was not justified in such summary disposal, as the competing claims re…
NANDKUMAR NARAYANRAO GHODMAREversusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 64930 October 1995Appeal(s) allowed
The appellant, a colour‑blind candidate, was selected by the Public Service Commission for the post of Agricultural Officer (Class II) but was not appointed because of his visual handicap. The appellant challenged the refusal before the Maharashtra Administrative Tribunal, which dismissed his claim, leading him to file…
PRAKASH K. AND ANR.versusTHE STATE OF KARNATAKA AND ORS.
1996 INSC 112530 September 1996Dismissed
The Karnataka Service Commission recruited teachers before 17 November 1993, appointing candidates in excess of the 50% reservation for backward classes and weaker sections. The appointments were challenged on 15 June 1995, more than a year after the selections were made. The Karnataka Administrative Tribunal held that…
AVINASH NAGRAversusNAVODAYA VIDYALAYA SAMITI ETC.
1996 INSC 112630 September 1996Dismissed
Avinash Nagra, a temporary postgraduate teacher at Navodaya Vidyalaya, was terminated on the ground of immoral sexual behaviour towards a girl student. The termination was effected under the Navodaya Vidyalaya notification of 23 December 1993, which permits dispensing with a regular disciplinary inquiry in cases of mor…
SUB-DIVISIONAL INSPECTOR (POSTAL) AND ORS.versusK.K. PAVITHERAN
1996 INSC 112830 September 1996Appeal(s) allowed
The respondent, an extra‑departmental postal agent, was charged under Rule 8 of the Post and Telegraph Extra Departmental Agents (Conduct and Services) Rules, 1964 for temporary absence from duty and was removed from service after departmental enquiry. The Central Administrative Tribunal, after several remittances and …
U.P. STATE ROADWAYS TRANSPORT CORPN., LUCKNOW THROUGH ITS GENERAL MANAGERversusANWAR AHMED AND ORS.
1996 INSC 112930 September 1996Appeal(s) allowed
The Uttar Pradesh State Roadways Transport Corporation (appellant) challenged the Allahabad High Court’s order directing the Regional Transport Authority to grant temporary permits to private operators for a new route carved out by merging two notified routes (Bulandshahr‑Delhi and Shahdara‑Saharanpur) and to lift the …
O. JANARDHAN REDDY AND ORS.versusTHE SPL. DY. COLLECTOR, L.A. UNIT-IV LMD, KARIMNAGAR, A.P. AND ORS.
1994 INSC 42530 September 1994Dismissed
The appellants owned several parcels of agricultural land that were acquired for the Maneru Dam project. Each parcel contained irrigation wells, and the Land Acquisition Officer (LAO) initially awarded separate compensation for the land and the wells, valuing the wells based on construction cost estimates. The Civil Co…
MUNICIPAL CORPORATION OF DELHIversusDY. COMMISSIONER OF POLICE (LICENCING) AND ANR.
1994 INSC 42630 September 1994Disposed off
The Supreme Court considered an appeal by the Municipal Corporation of Delhi (MCD) against the Dy. Commissioner of Police (Licensing) and others concerning the construction of a cinema building. The issue arose after an amendment to the Delhi Cinematograph Rules, 1981, which replaced the MCD with the Delhi Development …
SULEKH CHAND AND SALEK CHANDversusCOMMISSIONER OF POLICE AND ORS.
1994 INSC 42830 September 1994Appeal(s) allowed
The appellants, police officers promoted from Assistant Sub‑Inspector to Sub‑Inspector, claimed that their promotion should be back‑dated to 1 October 1982. The respondents, the Commissioner of Police, denied the promotion on the ground that the officers had been charged under section 5(2) of the Prevention of Corrupti…
SECY. (HEALTH) DEPTT. OF HEALTH AND F.W. AND ANR.versusDR. ANITA PURI AND ORS.
1996 INSC 97030 August 1996Appeal(s) allowed
The Punjab Public Service Commission advertised 21 Dental Officer posts requiring a B.D.S. degree and stating a preference for higher dental qualifications. Dr. Anita Puri, holding an M.D.S., filed a writ petition claiming that the preference clause entitled her to be selected, and the Punjab & Haryana High Court allow…
M. JAYAKUMAR AND ORS. ETC.versusSTATE OF TAMIL NADU AND ORS.
1996 INSC 97430 August 1996Appeal(s) allowed
The case concerned the interpretation of Tamil Nadu Ministerial Service Rules and special rules under G.O.Ms. No. 3134 regarding promotion of Assistants to Superintendents in the Urban Land Tax Department. The respondents argued that all city‑based units (Board of Revenue, Assistant Commissioner’s office, etc.) formed …
MOHAMMAD RAHMAT ALIversusTHE INSPECTOR OF REGISTRATION AND STAMPS, ANDHRA PRADESH AND ORS.
1996 INSC 97530 August 1996Appeal(s) allowed
Mohammad Rahmat Ali, appointed as a copyist in the Hyderabad Government in 1951, was later allotted to Andhra Pradesh services. After a suspension, conviction and subsequent acquittal, he was dismissed in 1981 and filed petitions for reinstatement and promotion. The Andhra Pradesh Administrative Tribunal dismissed his …
BISHAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.
1996 INSC 97630 August 1996Appeal(s) allowed
Three police officers, including the petitioners, led a peaceful procession after duty hours to present a grievance about inadequate accommodation to the Superintendent of Police, in violation of a prohibitory order. They were dismissed from service under Rule 16(2) of the Punjab Police Rules for alleged grave miscondu…
STATE OF HIMACHAL PRADESHversusNIKKU RAM AND ORS.
1995 INSC 51930 August 1995Case Partly allowed
The deceased Roshani was married in 1985 and, five to six months later, her husband, mother‑in‑law and sister‑in‑law allegedly demanded additional dowry items such as a television, fan and buffalo. The mother‑in‑law allegedly inflicted a wound with a sickle; the deceased later ingested naphthalene balls and died of poi…
STATE OF PUNJABversusPRITAM SINGH ETC. ETC.
1995 INSC 52030 August 1995Dismissed
The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & Haryana High Court reduc…
DANDA RAJESHWARIversusBODAVULA HANUMAYAMMA AND ORS.
1996 INSC 80230 July 1996Dismissed
The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh Panchayat Raj (Election T…
VIJAY PRATAP AND ORSversusSAMBHU SARAN SINHA AND ORS.
1996 INSC 80330 July 1996Dismissed
The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. The trial court held t…
PIRTHI @ SANS! ETC.versusJATI RAM AND ORS. ETC.
1996 INSC 80430 July 1996Dismissed
Petitioner Pirthi@ Sansi entered into an agreement on 6 May 1988 to sell agricultural land to Respondent No.1 and received part payment. Respondent No.1 filed a suit for specific performance in 1993, which the trial court decreed in his favour. On appeal, the Additional District Judge set aside the decree, holding that…
M.S.R. PRASADversusBOMMISETTI SUBBA RAO AND ORS.
1996 INSC 80530 July 1996Dismissed
The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, and the High Court …
SMT. BHATORIversusSMT. RAM PIARI
1996 INSC 80630 July 1996Appeal(s) allowed
The appellant, Sm. Bhatori, executed a general power of attorney in favour of respondent‑2, granting him authority to manage her agricultural land, including alienation. Respondent‑2 used this authority to file a suit against the appellant and subsequently executed sale deeds transferring the same land to his wife, Ram…
PT. SHAMBOO NATH TIKOO AND OTHERSversusSARDAR GIAN SINGH AND OTHERS
1995 INSC 38130 June 1995
The plaintiffs, Hindus, sued the Sikh defendants for ejectment from two rooms of the southern Dharamshalla of the Martand shrine and for a permanent injunction restraining the defendants from interfering with Hindu religious ceremonies and from holding Dewans in the open space of the shrine. The defendants claimed titl…
HIGH COURT OF JUDICATURE AT BOMBAY THROUGH ITS REGISTRARversusSHIRISH KUMAR RANGRAO PATIL AND ANR.
1997 INSC 45830 April 1997
Shirish Kumar Rangrao Patil, a probationer civil judge, was accused of demanding illegal gratification and other misconduct. An inquiry officer found several charges proved, and a show‑cause notice was issued. A committee of five High Court judges (four of whom met) accepted the findings and recommended dismissal, whic…
MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.
1997 INSC 45630 April 1997Appeal(s) allowed
The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to very low rates (e.g., R…
STATE OF HARYANAversusSMT. KAMLA AND ORS.
1996 INSC 58830 April 1996Appeal(s) allowed
The State of Haryana issued a notification under the Land Acquisition Act, 1894 and the Collector awarded compensation for acquired land. The respondents applied under Section 18 and a District Judge awarded compensation, after which the State executed the decree. The executing District Judge later awarded additional c…
THE MANAGING DIRECTOR 0.I.I.D.C., BHUBANESWARversusSARAT CHANDRA PATNAIK AND ANR.
1996 INSC 58930 April 1996Appeal(s) allowed
The Orissa Industrial Infrastructure Development Corporation (OIDC) offered a plot to Sarat Chandra Patnaik on a 90‑year lease; the respondent later sought a reduction in the lease consideration. The Orissa High Court directed that the matter be placed before the State Government for a final decision, invoking Sections…
HIS HOLINESS ACHARYA SWAMI GANESH DASSJIversusSH. SITA RAM THAPAR
1996 INSC 59030 April 1996Dismissed
Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the purchase, and the buyer sent…
C.V. RAJA RAO AND ANR.versusMIRZA BASHEER BAIG AND ORS
1996 INSC 59130 April 1996Dismissed
The petitioners claimed ownership of 4,922 square yards of land (Survey No. 202) in Lallaguda, Secunderabad and obtained injunction orders under sections 145 and 146 of the Code of Criminal Procedure. They alleged that the police were not providing assistance despite the injunctions. The Andhra Pradesh High Court quash…
ASSAM MADHYAMIK SIKSHAK ARU KARMACHARI SANSTHA, NAGAONversusTHE STATE OF ASSAM AND ORS.
1996 INSC 59230 April 1996Dismissed
The Supreme Court heard an appeal by the Assam Madhyamik Sikshak Aru Karmachari Sanstha challenging Section 4(3) of the Assam Secondary Education (Provincialisation) Act, 1977, which mandated retirement of teachers at age 58 unless they opted for a pension or CPF scheme. The appellants argued that, in the absence of ru…
REV. FR. M.S. POULOSEversusVARGHESE AND ORS.
1995 INSC 23230 March 1995Appeal(s) allowed
Ithara and his wife Annam, owners of 7 acres and odd land, executed a deed on 5 March 1966 giving 70 cents of land absolutely to Sosa in gratitude for her service, while reserving for themselves the right to live in the building, enjoy all income, and alienate or mortgage the remaining property during their lifetimes. …
P.K. VIJAYANversusKAMALAKSHI AMMA AND ORS.
1994 INSC 13130 March 1994Dismissed
The landlords filed an eviction petition under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, which the Rent Controller accepted, directing them to sue in civil court. The tenant first sought relief under Section 72B of the Kerala Land Reforms Act, claiming assignment of title as a cultivating t…
SOORAJMULL NAGARMULLversusDALHOUSIE PROPERTIES LTD. AND ANR.
1994 INSC 13330 March 1994Disposed off
The Supreme Court heard a civil appeal (No. 2846 of 1979) arising from a 40‑year landlord‑tenant dispute between Soorajmull Nagarmull (tenant) and Dalhouise Properties Ltd. (landlord). While the appeal was pending, the parties reached a compromise covering rent, compensation for past occupation, tax liabilities, and ot…
RAM PRASAD (DEAD) BY LRS. AND ORS.versusTHE ASSISTANT DIRECTOR OF CONSOLIDATION AND ORS.
1994 INSC 13430 March 1994Appeal(s) allowed
The widow Jivani, after the death of her husband Bahadur Singh (the last male holder of tenancy rights), claimed to have created a joint tenancy with Jwala Singh under Section 59 of the U.P. Tenancy Act, 1939. The appellants, heirs of the original tenant, challenged the decree, alleging it was collusive and fraudulent …
RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.
1996 INSC 14830 January 1996Appeal(s) allowed
The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was sought, the appellan…
SESHAN AND ORS.versusTHE SPECIAL TEHSILDAR AND LAND ACOUISITION OFFICER, SIPCOT, PUDUKKOTTAJ
1996 INSC 14930 January 1996Appeal(s) allowed
The dispute arose from land acquired under a notification dated 17 October 1981, with possession taken in January 1982. The Land Acquisition Officer awarded compensation of Rs 2,000 per acre on 31 July 1982, which was later enhanced by the civil court to Rs 4,000 per acre (7 November 1983) and by the Madras High Court …
STATE OF HARYANAversusCHANDRA MANI AND ORS.
1996 INSC 15030 January 1996Appeal(s) allowed
The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" and held that the pro…
C. MASILAMANI MUDALIAR AND ORS.versusTHE IDOL OF SRI SWAMINATHASWAMI SWAMINATHASWAMI THIRUKOIL AND ORS.
1996 INSC 15130 January 1996Appeal(s) allowed
The case concerned property bequeathed by Somasundram Pillai in 1950 to his wife Sellathachi and his cousin's widow Janakathachi as maintenance. After the testator's death the widows possessed the land, but a power of attorney later alienated it, prompting a suit to declare the alienations illegal. The question before …
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…
PREM NATH KAPUR AND ANOTHER ETC.versusNATIONAL FERTILIZERS CORPORATION OF INDIA LIMITED AND OTHERS
1995 INSC 80629 November 1995Dismissed
The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded solatium, interest …
DR. KM. SUMAN AGARWALversusTHE VICE CHANCELLOR AND ORS.
1995 INSC 80729 November 1995Disposed off
The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the right to act as Direct…
SRI SHYAM SUNDER PRASAD AND ORS.versusSRI RAJPAL SINGH AND ANR.
1994 INSC 55929 November 1994Dismissed
The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the Limitation Act, 1908,…
BAKHTAWAR SINGH AND ANR. ETC. ETC.versusUNION OF INDIA AND ANR.
1994 INSC 56029 November 1994Dismissed
The case concerned acquisition of about 527 acres of land in Bhagualong and surrounding villages for a cantonment. The Land Acquisition Officer initially awarded Rs 22,000 per acre for nehrri and chahi land, which was later enhanced by the Additional District Judge to Rs 36,000 and by the High Court to Rs 37,000 per ac…
TARLOCHAN SINGH AND ANR; ETC. ETC.versusTHE STATE OF PUNJAB AND ORS.
1994 INSC 56129 November 1994Dismissed
The Supreme Court examined appeals by landowners whose 881 acres were acquired under the Land Acquisition Act, 1894 for municipal development. After a series of assessments by the acquisition officer, district judge, single judge and a division bench, the claimants sought further enhancement of compensation, arguing th…
C.P. AGRAWAL ETC. ETC.versusP.O. LABOUR COURT AND ANR.
1996 INSC 124229 October 1996Dismissed
The appellants, employees of the Steel Authority of India, claimed they were illegally denied promotion to the post of E‑1 despite their juniors being promoted, alleging a violation of Article 16 of the Constitution and that the promotion rules altered their conditions of service under Section 33‑A of the Industrial Di…
KISHORE CHANDRA PANIGRAHIversusSTATE OF ORISSA AND ORS.
1996 INSC 124329 October 1996Dismissed
The appellant, a Class IV peon appointed in 1976, was temporarily promoted to the Class III post of Junior Clerk in 1982 and later reverted to his original post in 1986. He challenged the reversion before the Orissa Administrative Tribunal, which held that the promotion was contrary to the 1963 Orissa Ministerial Servi…
KARTAR KAUR AND ANR.versusMILKHO AND ORS.
1996 INSC 124429 October 1996Appeal(s) allowed
The appellants, the widow and daughter of the deceased Atma Singh, challenged a registered will that left all of his property to his sister (the first respondent) and subsequent sale deeds that transferred land to the sister's son. The trial court found numerous suspicious circumstances—such as questionable thumb impre…
NAHAR SINGHversusHARNAK SINGH AND ORS.
1996 INSC 124529 October 1996Dismissed
The appellant entered into an agreement of sale for immovable land that was described only in vague terms, lacking exact area, boundaries, and khasra numbers. The trial court granted specific performance without examining the identifiability of the property. On appeal, the lower appellate court held that the agreement …
M/S. C.S. COMPANY AND ORS.versusKERALA STATE ELECTRICITY BOARD
1996 INSC 124629 October 1996Dismissed
The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed amount. The trial court …
ALL INDIA INSTITUTE OF MEDICAL SCIENCES EMPLOYEES UNION (REGD.) THROUGH ITS PRESIDENTversusUNION OF INDIA AND ORS.
1996 INSC 124729 October 1996Dismissed
The All India Institute of Medical Sciences Employees Union filed a complaint against Dr. S.K. Kacker alleging an offence under Section 409 of the IPC. The police took no action, and the Union approached the Delhi High Court under Article 226 seeking a mandamus directing the CBI to investigate. The High Court refused t…
M/S. MOTORS AND INVESTMENTS LTD.versusTHE NEW BANK OF INDIA AND ORS.
1996 INSC 124829 October 1996Disposed off
Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered substantially higher s…
FOOD CORPORATION OF INDIAversusF.C.I. DEPUTATIONIST ASSOCIATION AND ORS.
1996 INSC 96529 August 1996Dismissed
The Food Corporation of India (FCI) had taken several Sub‑Inspectors of the West Bengal Government on deputation and assigned them to the duties of Assistant Grade‑II for more than eighteen years. When the deputationists were to be absorbed into FCI's regular service, the corporation’s circular proposed their fitment i…
V.M. MATHEWversusV.S. SHARMA AND ORS.
1995 INSC 51029 August 1995Appeal(s) allowed
The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce Kurian's deposition in a…
STATE OF ORISSAversusDHOBEI SETHI AND ANR.
1995 INSC 51129 August 1995Appeal(s) allowed
The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) challenged the validity o…
UNION OF INDIA AND ORS.versusN.V. PHANNENDRAN
1995 INSC 51229 August 1995Appeal(s) allowed
N.V. Phannendran, a travelling ticket examiner, was removed from service by the Divisional Railway Manager (DRM). He challenged the removal before the Central Administrative Tribunal (CAT), arguing that the DRM, not being the appointing authority, lacked competence to impose removal under the Railway Servants (Discipli…
SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusSRI DYAVAPPA AND ORS.
1995 INSC 51329 August 1995Dismissed
The Special Land Acquisition Officer acquired 7.14 cents of land near Bangalore for an agricultural university. The Collector awarded Rs 12,000 per acre for 5.20 cents of agricultural land and Rs 1,000 per acre for 1.34 cents treated as phot‑kharab land. On reference under s.18, the Court relied on a sale deed dated 24…
HANMANTA DAULAPPA NIMBAL SINCE DECEASED BY HIS HEIRS AND LRS.versusBABASAHEB DAJISAHEB LONDHE
1995 INSC 51429 August 1995Dismissed
The landlord filed a civil suit for injunction against the appellant, who claimed to be in possession of agricultural land under an oral tenancy for the year 1968-69. The civil court referred the tenancy issue to the Tehsildar, who found no oral tenancy, but the Special Deputy Collector and the Revenue Tribunal later h…
U.P. STATE SUGAR CORPORATION LTD.versusSTATE OF U.P. AND ORS.
1995 INSC 51529 August 1995Appeal(s) allowed
The appellant, U.P. State Sugar Corporation Ltd., sought exemption of 2.18 acres of a 2.40‑acre parcel slated for acquisition under the Land Acquisition Act, 1894, arguing that the land was needed for the convenient enjoyment of its General Manager's residence and staff quarters. The corporation offered an alternative …
M/S KISHAN LAL LAKSHMI CHAND AND ORS.versusSTATE OF HARYANA AND ORS.
1993 INSC 24929 July 1993Dismissed
The appellants challenged the constitutional validity of the Haryana Rural Development Act, 1986, specifically sections 5(1) and 11, alleging that the 1% levy on agricultural produce was a tax in disguise and therefore ultra vires the State's legislative competence under Articles 246(3) and 286(2) of the Constitution. …
D-BLOCK ASHOK NAGAR (SAHIBABAD) PLOT HOLDERS ASSOCIATION (REGD.)versusSTATE OF U.P. AND ORS.
1997 INSC 44629 April 1997Leave Granted & Allowed
The appellant Plot Holders Association challenged the award made under the Land Acquisition Act, 1894 for a large parcel of land in Sahibabad, contending that the authorities were not liable to pay solatium and interest under the 1984 amendment. The Special Land Acquisition Officer had already granted compensation, sol…
STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.
1997 INSC 44729 April 1997Leave Granted & Allowed
The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for the Jabalpur zone, …
UNION OF INDIA AND ANR.versusSHRI RISAL SINGH
1997 INSC 44829 April 1997Leave Granted & Dismissed
The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land Acquisition Officer and late…
SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.
1997 INSC 44929 April 1997Leave Granted & Allowed
The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by the High Court to Rs 2…
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6
1997 INSC 45029 April 1997Leave Granted & Allowed
The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced the award to Rs 17,00…
UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.
1997 INSC 45129 April 1997
The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the High Court later gra…
G. RAMACHANDRA REDDY AND CO.versusCHIEF ENGINEER, MADRAS ZONE, MILITARY ENGINEERING SERVICE
1994 INSC 18129 April 1994
The appellant, G. Ramachandra Reddy & Co., invoked clause 17 of its contract with the respondent, the Chief Engineer of the Military Engineering Service, to have a sole arbitrator appointed. After the respondent failed to appoint an arbitrator despite a notice, the appellant filed a suit under Section 20 of the Arbitra…
S.J. PANDEversusP.K. BALAKRISHNAN
1993 INSC 17329 April 1993Appeal(s) allowed
The landlord determined the contractual tenancy of his tenant in 1966 and later the tenant, now a statutory tenant, granted a licence to the respondent in 1972. The respondent claimed protection from eviction under Section 15A of the Bombay Rent Hotel and Lodging House Rates Control Act, 1947. The Supreme Court examine…
T. VENKATA NARAYANA AND ORS,versusSMT. VENKATA SUBBAMMA (DEAD) AND ORS.
1996 INSC 46129 March 1996Appeal(s) allowed
In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in their favour, but th…
D. S. THIMMAPPAversusSIDDARAMAKKA
1996 INSC 46229 March 1996Dismissed
Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered payment in June 1976…
MOHSIN UNISSAversusTAMIL NADU PUBLIC SERVICE COMMISSION
1996 INSC 46329 March 1996Appeal(s) allowed
The appellant, a temporary employee of the Tamil Nadu Public Service Commission in 1975‑76, was later regularised as a Junior Assistant in the Finance Department in August 1990, subject to passing a Tamil language test. She had passed the test in 1977 while serving temporarily, but was required to retake it after regul…
M.P. CHANDORIAversusSTATE OF M.P. AND ORS.
1996 INSC 46429 March 1996Dismissed
The appellant, a direct recruit Deputy Collector in Madhya Pradesh, joined service on 15‑02‑1967 and was placed on probation. He passed the prescribed departmental test on 27‑06‑1972 and was confirmed on 13‑03‑1973. He claimed that his seniority should be backdated to his date of joining, but the State Administrative T…
SATYA NARAIN PAREEKversusSTATE OF RAJASTHAN AND ANR.
1996 INSC 46529 March 1996Dismissed
The appellant, a permanent Lower Division Clerk in the Technical Education Department of Rajasthan, was deputed to a tenure post in the Transport Department and later repatriated to his parent department. He challenged the repatriation, alleging that his lien in the parent department had been suspended and that he shou…
UNION OF LNDIA AND ORS.versusDHARMA PAL AND ORS. ETC.
1996 INSC 46629 March 1996Disposed off
The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City Compensatory Allowance (CCA), w…
JAGDISH SINGH AND ANR.versusUNION OF INDIA AND ANR.
1995 INSC 23129 March 1995Dismissed
The Union acquired a large tract of land comprising seven villages for defence purposes, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 21‑01‑1977. The Collector awarded compensation on 11‑04‑1980, which was later enhanced by the Additional District Judge in 1980 and 1982, and further en…
SURJIT SINGH AND ORS.versusBALBIR SINGH
1996 INSC 33329 February 1996Dismissed
The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants later filed a civil s…
RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.
1996 INSC 33429 February 1996Dismissed
The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting judge, raising conc…
KESAR SINGH AND ORS.versusSADHU
1996 INSC 13929 January 1996Appeal(s) allowed
The respondents filed a suit in 1978 to recover possession of land based on a 1924 declaratory decree that arose from a customary right to contest alienation under the Punjab Custom (Power to Contest) Act, 1921. The appellants, who had purchased the land, challenged the decree, arguing that the 1973 Amendment Act had a…
SATISH KUMARversusTHE JALANDHAR IMPROVEMENT TRUST, JALANDHAR AND ANR.
1996 INSC 14029 January 1996Dismissed
The petitioner, Satish Kumar, challenged his appointment as Pumpset Operator by the Jalandhar Improvement Trust, claiming entitlement to equal pay under Article 39(d) and Article 14 of the Constitution. He argued that despite lacking the minimum qualification prescribed for the post, he performed the same duties as qua…
STATE OF HARYANAversusPALA AND ORS.
1996 INSC 14129 January 1996Appeal(s) allowed
In December 1989, the deceased Rati Ram was attacked by two accused who struck him with musals on the head and body, causing multiple injuries. He died five days later from septicaemia that the autopsy report linked to the head injury, which was deemed sufficient to cause death in the ordinary course of nature. The tri…
MALKIAT SINGHversusSTATE OF PUNJAB AND ORS.
1996 INSC 14229 January 1996Appeal(s) allowed
Malkiat Singh, a police constable appointed on 20 April 1990, was discharged on 22 July 1992 on the grounds of prolonged absence and alleged irregular attendance, which the authorities claimed demonstrated his inefficiency. The record showed three instances of absence: a six‑hour tardiness on 10 September 1990, a night…
DR. P.N. PURI AND ORS.versusSTATE OF U.P. AND ORS.
1996 INSC 14329 January 1996Dismissed
The petitioners, who were employees of urban local bodies, filed a writ petition seeking equal pay on par with Medical Officers at a scale of Rs. 2200‑4000 and arrears dating back to 1986. The Anomaly Committee had recommended that such employees be placed on the said pay scale, effective from 7 November 1994, and the …
KARAM SINGHversusSTATE OF PUNJAB & ANR.
1996 INSC 14429 January 1996Dismissed
Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. The Punjab & Haryan…
S.C. MANDAKKI ETC.versusTHE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICE ETC.
1996 INSC 14529 January 1996Dismissed
The appellant, appointed as a Junior Laboratory Technician on 3 May 1979, voluntarily transferred to the post of First Divisional Assistant on 28 October 1986 within the same department. He sought an advance increment under Karnataka Civil Services (Time Bound Advancement) Rules, 1983, which is granted after ten years …
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…
STATE OF U.P.versusSHAKEEL AHMED
1995 INSC 79728 November 1995Appeal(s) allowed
The respondent, Shakeel Ahmed, was detained on July 31, 1989 under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He challenged the detention, and the Allahabad High Court set aside the order on two grounds: a one‑month delay in disposing his representation a…
GURMIT KAURversusSURJIT SINGH @ JEET SINGH
1995 INSC 79828 November 1995Appeal(s) allowed
Gurmit Kaur, married in 1971, entered into a mutual consent divorce agreement with her husband Surjit Singh, who subsequently remarried. She filed a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The magistrate granted her Rs.200 per month and Rs.100 for her minor son; the Additiona…
STATE OF PUNJABversusJASBIR SINGH
1995 INSC 79928 November 1995Dismissed
The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search and were informed of…
BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATIONversusNARENDRA KUMAR MISHRA AND ANR.
1995 INSC 80028 November 1995Dismissed
The respondent, an Assistant Godown Manager, misappropriated Rs. 2,61,859.30 in 1976. A departmental enquiry began in 1979 and prosecution was initially filed in 1985 without the mandatory sanction under Section 197 of the Code of Criminal Procedure, 1973, leading to his discharge. After obtaining the sanction in 1991,…
SURESH H. RAJPUT ETC. ETC.versusBHARTIBEN PRAVIN BHAI SONI AND ORS. ETC.
1995 INSC 80128 November 1995Disposed off
A food inspector collected milk samples from the respondents' premises and, after a public analyst reported adulteration, the local health authority granted sanction under Section 20(1) of the Food Adulteration Act, 1954, to prosecute. The sanction was issued as a cyclostyled order without detailed reasons. The trial m…
NAHAR SINGHversusSTATE OF U.P. AND ORS.
1995 INSC 80228 November 1995Appeal(s) allowed
Nahar Singh appealed against the State of Uttar Pradesh challenging the validity of a land acquisition proceeding that began in 1974. A notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 were issued, but no award was made. The Land Acquisition (Amendment) Act, 1984 intro…
SRI SISIR KUMAR MOHANTYversusSTATE OF ORISSA AND ANR.
1995 INSC 80328 November 1995Appeal(s) allowed
The appellants, lower‑division clerks in district police offices of Orissa, sought parity in pay scales and benefits with ministerial staff serving in the head offices of the DIG, IG and DGP. The Orissa Administrative Tribunal rejected their claim, holding that the two groups formed separate cadres. The State relied on…
HARI KRISHNA PATEL AND ANR.versusSTATE OF A.P. AND ANR.
1995 INSC 80428 November 1995Dismissed
Hari Krishna Patel and another filed a suit seeking a declaration of title and a perpetual injunction over a parcel of land in Musheerabad, Hyderabad, alleging purchase from Kulsum Bi. The plaintiffs offered no documentary proof of title except a sale deed executed by the plaintiff's father in 1968. The High Court, rel…
THE COLLECTOR, ONGOLE AND ANR.versusNARRA VENKATESWARLU AND ORS.
1995 INSC 80528 November 1995Appeal(s) allowed
The Collector issued a notification under Section 4(1) of the Land Acquisition Act, 1896 to acquire land for the weaker sections (Scheduled Castes and Scheduled Tribes). The High Court quashed the notification on the grounds of colourable exercise of power, non‑application of mind by the Collector, and failure to obtai…
JUGRAJ SINGH AND ANR.versusLABH SINGH AND ORS.
1994 INSC 55728 November 1994Dismissed
The plaintiffs, Labh Singh and his brother, sued for specific performance of a sale agreement dated 30‑8‑1984 against the original vendor, Jasbir Singh. The petitioners, who had purchased the property later on 4‑1‑1985, were impleaded as necessary parties. All lower courts held that the petitioners were not bona‑fide p…
RANCHHODJI CHATURJI THAKOREversusTHE SUPERINTENDENT ENGINEER, GUJARAT ELECTRICITY BOARD, HIMMATNAGAR (GUJARAT) AND ANR.
1996 INSC 123428 October 1996Dismissed
Ranchhodji Chaturji Thakore, a junior clerk with the Gujarat Electricity Board, was convicted under Section 302 read with 34 of the Indian Penal Code for murder and sentenced to life imprisonment, leading to his dismissal from service. While his dismissal was being challenged, the Gujarat High Court acquitted him and o…
S. VASUNDARAversusCANARA BANK AND ORS.
1996 INSC 123528 October 1996Dismissed
The petitioner, a manager of Canara Bank, was convicted by a criminal court for offences under Sections 420, 477A of the IPC and Sections 5(2) read with 5(1)(d) of the Prevention of Corruption Act, and sentenced to one year imprisonment with fines. The High Court later suspended the sentence pending appeal. The bank is…
KUNWAR ARUN KUMARversusU.P. HILL ELECTRONICS CORPORATION LTD. AND ORS.
1996 INSC 123628 October 1996Dismissed
The petitioner was appointed on probation on 15 January 1990 with a clause allowing termination without assigning any reason during the probation period. He was terminated on 16 January 1991 on the ground that his work performance was unsatisfactory and he was regularly absent. The petitioner challenged the termination…
SH. RAMESH KUMARversusUNION OF INDIA AND ORS.
1996 INSC 123728 October 1996Dismissed
Sh. Ramesh Kumar, a casual labourer (chowkidar) engaged in 1986 and granted temporary status in 1987, challenged his non‑absorption after the winding up of the Central Organisation for Operations and Information System (COOIS). The appellant alleged that his seniority over a junior employee, Rohtas Kumar, who was regul…
THE DIRECTOR, MINISTRY OF COAL AND ORS.versusBIMLENDU KUMAR
1996 INSC 123828 October 1996Appeal(s) allowed
Bimlendu Kumar was appointed on probation to a temporary post under the Coal Mines Provident Fund (Employees Recruitment) Rules, 1982. His appointment was terminated on May 14, 1989, and he claimed the termination was illegal because his probation had not been extended beyond three years, arguing that he should be deem…
THE REGIONAL PROVIDENT FUND COMMISSIONERversusS.D. COLLEGE, HOSHIARPUR AND ORS.
1996 INSC 123928 October 1996Appeal(s) allowed
The Supreme Court considered an appeal by the Regional Provident Fund Commissioner against S.D. College, Hoshiarpur and other educational institutions for failing to deposit statutory EPF contributions after a 1988 Supreme Court order directing compliance. Despite the order, the respondents continued to keep the contri…
NINGE GOWDAversusLINGE GOWDA AND ORS.
1996 INSC 124028 October 1996Appeal(s) allowed
Ninge Gowda filed a suit for declaration of title and injunction, claiming that the land in dispute was ancestral property that had been partitioned among his father and his father's brothers before 1936, and subsequently partitioned again in 1936 between Ninge Gowda and his brothers, with a mutation in the revenue rec…
COMMITTEE OF MANAGEMENTversusSHAMBU SARAN PANDEY AND ORS.
1994 INSC 49928 October 1994Disposed off
The Principal of a university institution was charged with misappropriating funds and served with a charge‑sheet. He requested inspection of the documents referred to in the charge‑sheet, but the enquiry officer postponed inspection until the final hearing, which the Court held to be a procedural error. The enquiry pro…
SRI SAUNUversusCOLLECTOR, LAND ACQUISITION
1996 INSC 95928 August 1996Dismissed
The Supreme Court considered an appeal by Sri Saunu against the Collector’s award of compensation for 221 bighas of land acquired under the Land Acquisition Act, 1894 for the Beas‑Sutlej Link Project. The Land Acquisition Officer had fixed compensation between Rs 2,000 and Rs 5,000 per bigha, which was confirmed by the…
SMT. SANTOSH KUMAR! ETC.versusSTATE OF HARYANA
1996 INSC 96028 August 1996Dismissed
The Supreme Court examined an appeal by Santosh Kumar and others against the Punjab & Haryana High Court’s enhancement of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894 for housing development in Panipat. The Land Acquisition Officer had fixed compensation per acre, which was later …
SHARANAPPA BASAPPA DINDAWARversusSTATE OF KARNATAKA AND ORS.
1996 INSC 96128 August 1996Appeal(s) allowed
Sharanappa Basappa Dindawar owned 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28/2. By a registered exchange deed dated 18 August 1971 he swapped the 28 acres 10 gunthas for 30 acres 24 gunthas of land in Survey No. 175, increasing his total holding to 45 acres 30 gunthas, still within th…
P.G. ESHWARAPPAversusM. RUDRAPPA AND ORS.
1996 INSC 96228 August 1996Dismissed
Mohammed Khan sold a two‑acre parcel of land in Shimoga to P.G. Eshwarappa after the tenant, Channabasappa (father of the respondents), refused to purchase it. Channabasappa sued for declaration of title and possession, obtaining a decree in 1959 that forfeited his tenancy. The appellant took possession in 1967, and th…
POSHETTY AND ORS.versusSTATE OF ANDHRA PRADESH
1996 INSC 96328 August 1996Dismissed
The Supreme Court considered an appeal by Poshetty and others against the State of Andhra Pradesh concerning the Land Acquisition Act, 1894. The issue was whether serving a notice of award under Section 11, together with its enclosure, is a pre‑condition under Section 12(2) for the limitation period prescribed in the p…
VENKATASWAMAPPAversusTHE SPECIAL DEPUTY COMMISSIONER (REVENUE)
1996 INSC 96428 August 1996Dismissed
The appellants challenged the validity of a notification issued under Section 4(1) of the Land Acquisition Act, 1894, which sought to acquire 80 acres of land for a house‑building cooperative society. They argued that the notification was mala fide because some of their lands had previously been acquired for public pur…
STATE OF U.P.versusRAVINDER NATHCHATURVEDI AND ANR.
1995 INSC 50328 August 1995Appeal(s) allowed
The State of Uttar Pradesh appealed against the Allahabad High Court's order that set aside a disciplinary penalty imposed on Ravinder Nath Chaturvedi and another respondent. The High Court had held that the respondents were not given a reasonable opportunity to be heard during the inquiry and that no witness was exami…
UNION OF INDIAversusRANGJLA RAM (DEAD) BY LRS.
1995 INSC 50428 August 1995Appeal(s) allowed
The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of the Code of Civil P…
STATE OF U.P.versusRATAN LAL ETC.
1995 INSC 50528 August 1995Disposed off
The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of the compensation aw…
JAWALA RAM AND ANR.versusSTATE OF H.P.
1995 INSC 50628 August 1995Appeal(s) allowed
The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, which they failed to…
CHANDRASHEKHAR GAJANAN BHOGAONKARversusYESHWANT DHONDI POTDAR AND ORS
1995 INSC 50728 August 1995Dismissed
The appellant, Chandrashekhar Gatanan Bhogaonkar, filed a civil appeal challenging the findings of lower courts regarding his possession of a disputed parcel of land and the grant of an ad interim injunction. The trial court held that the appellant was in possession and that granting an injunction would cause irreparab…
SH. BHUPINDER SINGH BINDRAversusUNION OF INDIA AND ANR.
1995 INSC 42928 July 1995Dismissed
The dispute arose under a contract that named the Superintending Engineer, Planning Circle, Chandigarh as the arbitrator. After the arbitrator was appointed and began his duties, the contractor (appellant) complained that the arbitrator delayed the award and sought the court’s intervention to revoke his appointment and…
MAHAVIR AND ANR. ETC. ETC.versusTHE RURAL INSTITUTE, AMRAVATI AND ANR. ETC. ETC.
1995 INSC 43028 July 1995Dismissed
The State issued a notification under Section 4(1) of the Land Acquisition Act on 29 January 1957 for acquisition of certain lands. The owner subsequently sold the lands to the petitioners on 11 June 1957 and 22 August 1958, i.e., after the notification. The Government completed the acquisition process, taking possessi…
KERALA STATE HOUSING BOARD AND ORS. ETC.versusM/S. RAMAPRIYA HOTELS (P) LTD. AND ORS.
1994 INSC 29128 July 1994Dismissed
The Kerala State Housing Board entered into a Section 16(1) agreement with M/s. Ramapriya Hotels to accept compensation of Rs.1100 per cent for land to be acquired, after which a notification under Section 3(1) was issued and a later declaration under Section 6 was published. The High Court held the award void because …
A.P. STATE ROAD TRANSPORT CORPORATION, HYDERABAD, REPRESENTED BY MANAGING DIRECTORversusP. VENKAIAH AND ORS.
1997 INSC 44328 April 1997Leave Granted & Allowed
The State Road Transport Corporation acquired 14 acres 32 guntas of land for a bus stand under the Land Acquisition Act, 1894. The acquisition officer initially fixed compensation at Rs. 7,500 per acre, which was later enhanced by the reference court to Rs. 3.60 lakh per acre and subsequently reduced by the High Court …
KUM. MADHURI PATIL AND ANR.versusADDL. COMMISSIONER, TRIBAL DEVELOPMENT, THANE AND ORS.
1997 INSC 44428 April 1997Disposed off
The petition sought to recall the Bombay High Court's order dated 2 September 1994 that delegated the power to issue social‑status (caste) certificates to the Sub‑Divisional Officer and to replace the directions concerning the composition of caste‑scrutiny committees. The court examined whether the earlier order should…
THE GOVERNMENT OF ANDHRA PRADESH REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, HYDERABADversusB. ASHOK KUMAR
1997 INSC 44528 April 1997Leave Granted & Allowed
The Government of Andhra Pradesh dismissed Inspector B. Ashok Kumar after he was found to have demanded and accepted a Rs. 3,000 illegal gratification to refrain from filing a complaint. The Andhra Pradesh Administrative Tribunal, after a disciplinary inquiry, held the charge proved and recommended a penalty of stoppag…
RADHA KISHUNversusUNION OF INDIA AND ORS.
1997 INSC 20828 February 1997Dismissed
The petitioner, a tele‑communications officer, was required to retire on 31 May 1991 upon attaining the age of superannuation but continued in service until 31 May 1994. The Government sought to recover salary and allowances paid to him for the period after his statutory retirement date, and the petitioner challenged t…
SH. RABINDRANATH MUKHOPADHYAY AND ANR.versusCOAL INDIA LTD. AND ANR.
1997 INSC 20928 February 1997Dismissed
Coal India Ltd. introduced a resolution on 14 September 1996 allowing executive employees to either avail the Leave Travel Concession (LTC) or encash it without producing a travel certificate, effective from 1 January 1997. The petitioners contended that fixing this date was arbitrary and discriminatory, especially aga…
RAE BARELI KSHETRIYA GRAMIN BANKversusBHOLA NATH SINGH AND ORS.
1997 INSC 21028 February 1997Appeal(s) allowed
The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the Board. The respondent…
KRISHNAKANT RAGHUNATH BIBHAVNEKARversusSTATE OF MAHARASHTRA AND ORS.
1997 INSC 21128 February 1997Dismissed
The appellant, a compositor in a Government of India printing press, was charged under Section 409 of the IPC and suspended pending trial, receiving only a subsistence allowance. After being acquitted, he was reinstated but denied back wages, increments, and pension benefits that he claimed as consequential benefits. H…
H.R. RAMACHANDRAIAH AND ANR.versusSTATE OF KARNATAKA AND ORS.
1997 INSC 21228 February 1997Dismissed
The petitioners, appointed as Laboratory Attenders in the Karnataka Horticulture Department, claimed promotion to the post of Field Assistant by treating themselves as equivalent to Head Gardeners under the Karnataka Horticulture (Department) Recruitment Rules, 1974. The Karnataka Administrative Tribunal rejected the c…
THE STATE OF PUNJAB AND ANR. ETC.versusBABU SINGH AND ORS. ETC.
1995 INSC 14428 February 1995Appeal(s) allowed
The State of Punjab appealed against the Punjab & Haryana High Court’s orders granting enhanced solatium, interest and additional amounts under the 1984 amendment to the Land Acquisition Act in a case where the land acquisition notification (1974) and the original compensation awards (1976‑1980) pre‑dated the amendment…
THE STATE OF PUNJABversusRAGHBIR SINGH AND ORS.
1995 INSC 14528 February 1995Appeal(s) allowed
The State of Punjab acquired land under the Land Acquisition Act, publishing a notification in February 1981 and the Collector making an award on December 22, 1983. The respondents did not seek a reference under Section 18 of the Act. After a High Court judgment in 1990 enhanced compensation for another claimant, the r…
KUMMARI VEERAIAH AND ORS.versusSTATE OF ANDHRA PRADESH
1995 INSC 14628 February 1995Dismissed
The Supreme Court examined an appeal by Kummari Veeraiah and others challenging the compensation awarded for 69 acres and 25 gunthas of land acquired by the State of Andhra Pradesh for house‑sites. The petitioners relied on certified copies of several sale deeds, claiming a market value of Rs.40 per square yard, while …
STATE OF TAMIL NADUversusTHIRU K.S. MURUGESAN AND ORS.
1995 INSC 14728 February 1995Appeal(s) allowed
The State of Tamil Nadu punished Thiru K.S. Murugesan with stoppage of three increments for misconduct in 1982, a penalty that was reaffirmed after a fresh enquiry in 1984. When his promotion to Deputy Director of Statistics for the 1983‑84 year was considered under Rule 8 of the Tamil Nadu Statistics Service Rules, hi…
STATE OF WEST BENGAL AND ORS.versusANAL KUMAR GHOSH AND ORS.
1995 INSC 14828 February 1995Appeal(s) allowed
The respondents, originally appointed as peons in 1970, opted for Group C status in 1971 after a pay‑scale revision that placed employees drawing above Rs 230 in Group C. When they reached the statutory retirement age of 58, a retirement notice was issued. They challenged the notice, contending that under Rule 76 of th…
STATE OF U.P.versusU.P. UNIVERSITY COLLEGES PENSIONERS ASSOCIATION
1994 INSC 9428 February 1994Disposed off
The State of Uttar Pradesh issued a Government Order in 1980 offering two pension schemes to teachers of aided degree colleges, one of which provided pension without gratuity for those retiring at 60. Most teachers chose this scheme, but the Association challenged the computation of pension on the basis of the last pay…
GULINGAPPA AND ORSversusASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, GULBARG
1997 INSC 7228 January 1997Dismissed
The petitioners, Gurlingappa and others, challenged the compensation awarded by the Land Acquisition Officer under the Land Acquisition Act, 1894 for land acquired for the Amerja Project. The officer had fixed Rs. 3,000 per acre, which the District Court enhanced to Rs. 6,300 (dry land) and Rs. 9,820 (cultivable land);…
BILLA JAGAN MOHAN REDDY AND ANR.versusBILLA SANJEEVA REDDY AND ORS.
1994 INSC 3428 January 1994Appeal(s) allowed
The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their immediate possession, the…
STATE OF 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 GUJARAT THROUGH CHIEF SECRETARY AND ORS.versusSARTI DEVI
1995 INSC 79027 November 1995Disposed off
Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts decreed in her favour, bu…
UNION OF INDIA AND ORS.versusJAYAKUMAR PARIDA
1995 INSC 79127 November 1995Case Partly allowed
Jayakumar Parida, appointed as an Extra‑Departmental Branch Post Master in 1989, was terminated in 1991 under Rule 6 of the Posts and Telegraph Extra‑Departmental Agents (Conduct and Salaries) Rules, 1964, on the ground that he had produced a false income certificate at the time of appointment. No notice or reason was …
MS. HARVINDER CHAUDHARY SRIVASTAVAversusUNION OF INDIA AND ORS.
1995 INSC 79227 November 1995Disposed off
The Supreme Court entertained a writ petition under Article 32 filed by legal representatives of victims of a fire tragedy in Delhi, seeking compensation for the deceased and for injuries, medical expenses, and mental agony suffered by survivors. The petitioners contended that the Delhi Administration was liable to pay…