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Supreme Court of India

K S PARIPOORNAN

91 judgments delivered by benches including this judge.

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

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

U.P. JAL NIGAM AND ORS.versusPRABHA T CHANDRA JAIN AND ORS.

1996 INSC 15831 January 1996Dismissed

The Supreme Court considered a petition by U.P. Jal Nigam challenging the view that downgrading entries in an employee's annual confidential report (ACR) are adverse entries requiring mandatory communication and a representation under service rules. The High Court had held that any reduction in the rating, even without

UNION OF INDIA AND ORS.versusBHAGWAN SINGH

1995 INSC 51630 August 1995Appeal(s) allowed

The father of the respondent, a senior clerk in the Railways, died on 12 September 1972 leaving a wife, two adult sons and the respondent who was then a minor. The respondent applied for a compassionate appointment after attaining majority, but his applications in 1987, 1990 and 1991 were rejected on the ground of limi

M/S. SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusSTATE OF BIHAR AND ORS.

1996 INSC 96729 August 1996Appeal(s) allowed

The Supreme Court considered an appeal by Shree Baidyanath Ayurved Bhandan Pvt. Ltd. against the State of Bihar, which had refused to refund taxes collected on certain ayurvedic preparations that the Court had earlier held to be illegal under the Excise Acts. The appellant had applied for refund in 1962, but the State

SRI NARAYAN BAL AND OTHERSversusSRI SRIDHAR SUTAR AND OTHERS

1996 INSC 14629 January 1996Dismissed

The eldest male member of a joint Hindu family, acting as Karta, together with two widows who were also guardians of their minor sons, executed a sale deed of family lands. The plaintiffs, members of the same family, challenged the sale alleging fraud and contended that the Karta lacked authority because Section 8 of t

M/S. J.K. SYNTHETICS LTD.versusCOLLECTOR OF CENTRAL EXCISE

1996 INSC 95528 August 1996Appeal(s) allowed

J.K. Synthetics Ltd filed a refund claim that was rejected, appealed and the appeal was allowed by the Collector (Customs). The Collector of Central Excise then appealed before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT). At the hearing on 31 August 1987 the appellant was absent, and CEGAT heard t

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

R. LAKSHMIversusK. SARASWATHI AMMAL

1996 INSC 112427 September 1996Appeal(s) allowed

The husband obtained an ex‑parte decree of divorce and subsequently died. The wife (appellant) filed an application under Order IX Rule 13 of the Code of Civil Procedure to set aside the decree, asserting that it affected her marital status and property rights. The trial court dismissed the application, holding that di

K. VASUNDARA DEVI ETC.versusREVENUE DIVISIONAL OFFICER (LAO)

1995 INSC 42427 July 1995Dismissed

The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to one‑fourth. The High Court up

UNION OF INDIAversusBUDH SINGH AND ORS.

1995 INSC 42627 July 1995Appeal(s) allowed

The Punjab Armed Police took possession of land belonging to Budh Singh in 1963 and paid a modest compensation, after which the owners sued, claiming the acquisition was illegal because it was not made under the Land Acquisition Act, 1894. The courts ordered the State to refund the compensation, but later a notificatio

THE COMMISSIONER OF INCOME-TAX BOMBAY ETCversusM/S PODAR CEMENT PVT.LTD.

1997 INSC 51527 May 1997Case Partly allowed

The Supreme Court examined whether a purchaser who has taken possession of flats after full payment, but without a registered deed, is the "owner" for tax purposes under Section 22 of the Income‑Tax Act, 1961. The assessee argued that the rental income should be taxed under Section 56 as "income from other sources" bec

GARHWAL JAL SANSTHAN KARMACHARI UNION AND ANR.versusSTATE OF U.P. AND ANR.

1997 INSC 32527 March 1997Dismissed

The Uttar Pradesh Government created two separate corporations under the U.P. Water Supply and Sewerage Act, 1975: the state‑wide Jal Nigam and the locally‑jurisdictioned Jal Sansthans. Employees of the Garhwal Jal Sansthan Karmachari Union sought parity in pay with Jal Nigam employees, relying on a resolution passed b

UNION OF INDIA AND ORS.versusHARISH CHAND ANAND

1995 INSC 41826 July 1995Appeal(s) allowed

The respondent, Harish Chand Anand, held a licence under Section 3 of the Government Grant Act, 1895 to erect a structure on government land. Clause I of the grant allowed the Government to resume the land at any time upon giving one month’s notice and paying the value of the building. The Allahabad High Court held tha

THE STATE OF PUNJABversusGURDIAL SINGH ETC

1995 INSC 41926 July 1995Dismissed

The Punjab government acquired land for a market under the Land Acquisition Act, 1894 and initially fixed compensation in categories. The Additional District Judge later re‑classified the land and set higher rates, prompting the claimants to appeal. A single High Court judge, relying on an earlier Punjab High Court dec

STATE OF ORISSAversusBRIJ LAL MISRA ETC. ETC.

1995 INSC 42026 July 1995Appeal(s) allowed

The State of Orissa acquired three parcels of land for an over‑bridge under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Reference Court fixed compensation at Rs 200 per decimal based on comparable sales, taking into account the land's existing potentialities, and then added a 25% upl

DEPUTY COLLECTOR NORTHERN SUBDIVISION, PANAJIversusCOMMUNIDADE OF BAMBOLIM

1995 INSC 42126 July 1995Appeal(s) allowed

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), which had been extend

M/S. HASANALI KHANBHAI AND SONS AND ORS.versusSTATE OF GUJARAT

1995 INSC 42226 July 1995Dismissed

The State of Gujarat acquired 7 acres and 28 gunthas of land on the outskirts of Rajkot for an orphanage. The acquisition officer awarded Rs 1.25 per square yard, which was enhanced to Rs 2.05 by the reference court and later the Gujarat High Court held the land could fetch Rs 10 per square yard but, after a 60 % deduc

R. PUTHUNAINAR ALIHITHAN ETC.versusP.H. PANDIAN AND ORS.

1996 INSC 44726 March 1996Dismissed

In the 1991 Tamil Nadu Legislative Assembly election for the Chennaimahadevi constituency, the returned candidate (appellant) filed an election expense return showing Rs 36,350, admitting use of one vehicle (TN‑72‑1909) with Rs 15,875 expense but also acknowledging a second vehicle (TN‑555) whose expense was not disclo

NAWAL SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.

1995 INSC 41025 July 1995Dismissed

The petitioners challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, where the Collector initially fixed rates of Rs.1600, Rs.1400 and Rs.1000 per bigha for three blocks of land. The Additional District Judge enhanced these rates, and the Delhi High Court further raised them to Rs

RAM KALI BHATTACHARJEEversusSTATE OF WEST BENGAL

1995 INSC 41125 July 1995Disposed off

Certain lands were acquired under the West Bengal (Requisition and Acquisition) Act II of 1948 and the Collector made an award in March 1951. The claimants filed reference applications under section 18 of the Land Acquisition Act, 1894 on June 26 and September 7, 1951, seeking enhanced compensation. The Calcutta High C

M/S. HINDUSTAN PAPER CORPN. LTD.versusSAKHRAM GOUR AND ORS .

1995 INSC 41225 July 1995Disposed off

The Supreme Court examined a land acquisition dispute where the Collector initially awarded Rs 2,000‑3,000 per bigha as compensation. The reference court, under Section 18 of the Land Acquisition Act, enhanced the market value to Rs 6,500‑8,500 per bigha, a decision affirmed by the Guwahati High Court. On appeal, the C

UNION OF INDIA ETC. ETC.versusSUNIL CHANDRA SAHA AND ANR. ETC. ETC.

1995 INSC 41325 July 1995Disposed off

The Union of India appealed against the award and decree confirming acquisition of land belonging to Sunil Chandra Saha and others under the Land Acquisition Act, 1894. The appellants argued that they were not given notice or an opportunity to present evidence to rebut the claimed market value of the land at the time o

SH. TOPANDAS KUNDANMAL, SINCE DECEASED THEREAFTER BY HIS HEIRS AND LRS. ETC.versusTHE STATE THROUGH THE LAND ACQUISITION OFFICER, JAMNAGAR ETC.

1995 INSC 41425 July 1995Dismissed

The appellants, heirs of Sh. Topandas Kundanmal, challenged the compensation awarded for the acquisition of 10 acres 12 gunthas of land in Jamnagar for a TB hospital. While the Collector fixed Rs 2,500 per acre, the claimants sought a higher amount based on a per‑square‑foot rate, leading to a reference under s.18 of t

MUNICIPAL COMMITTEE, BHATINDA AND ORS.versusBALWANT SINGH AND ORS.

1995 INSC 41525 July 1995

The Municipal Committee of Bhatinda appealed against the award of compensation for 116 acres of agricultural land acquired for a water‑treatment plant. The Collector had applied the belting principle, fixing different rates for land up to 100 yards from the road and for the remaining area. The High Court’s Division Ben

THE STATE OF UTTAR PRADESH AND ANR.versusKESHAV PRASAD SINGH

1995 INSC 41625 July 1995Appeal(s) allowed

The State of Uttar Pradesh acquired land for a Public Works Department office and, while constructing a building and protective wall, encroached upon land owned by Keshav Prasad Singh. A civil suit resulted in a mandatory injunction directing the State to demolish the encroachment and restore possession to the responde

M/S. THIAGARAJAR CHARITIES, MADURAIversusTHE ADDITIONAL COMMISSIONER OF INCOME-TAX AND ANR.

1997 INSC 43224 April 1997Appeal(s) allowed

The Thiagarajar Charities Trust, created in 1962, carried on a business of buying and selling cotton yarn under a board resolution. The Trust claimed exemption from income tax under Section 11 of the Income‑Tax Act, arguing that the business was merely a means to achieve its charitable objects and that any profit was s

S.A. JAIN COLLEGE TRUST AND MANAGING SOCIETYversusTHE STATE OF HARYANA AND ANR.

1995 INSC 13724 February 1995Case Partly allowed

The S.A. Jain College Trust and Managing Society acquired land belonging to a private owner for a college playground under the Land Acquisition Act, 1894. The original award in 1970 paid Rs 12,000 per acre with 15% solatium and 6% interest. Subsequent proceedings enhanced compensation to Rs 8 per square yard, added a 3

KRISHI UTPADAN MANDI SAMITI, HALDWANI ETC. ETC.versusM/S. INDIAN WOOD PRODUCTS LTD AND ANR.

1996 INSC 30423 February 1996Appeal(s) allowed

The Supreme Court examined whether, under Section 17(iii)(b) of the Uttar Pradesh Agricultural Produce Market Act, a purchasing trader remains liable to pay the market fee when the selling trader does not collect it. The dispute arose from a sale of specified agricultural produce between two traders. The Court held tha

COMMERCIAL TAX OFFICER AND ORS.versusEMKAY INVESTMENTS PVT. LTD.

1996 INSC 30523 February 1996Appeal(s) allowed

EMKAY Investments Pvt Ltd, a newly set up small‑scale plywood manufacturer, claimed exemption from sales tax under Rule 3(66a) of the West Bengal Sales Tax Rules, 1941. The company used the brand name “Merinoply,” which belonged to another firm, Marinoply and Chemicals Ltd. The tax authorities denied the exemption, inv

CALCUTTA IRON MERCHANTSversusCOMMISSIONER OF COMMERCIAL TAXES AND ANR.

1996 INSC 30623 February 1996Disposed off

The case concerned dealers of iron and steel who, under the Bengal Finance (Sales Tax) Act, 1941, were required to transport goods with a declaration signed by the consignor as mandated by Rule 89A(2). The dealers contended that the rule unfairly placed the burden of producing the declaration on them while sellers were

THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARDversusRAMESH KUMAR SINGH AND ORS.

1995 INSC 76922 November 1995Appeal(s) allowed

The Bihar State Housing Board allotted a quarter to respondent No.4 on a hire‑purchase basis, making the allottee a tenant until the final instalment is paid. Respondent No.1 forcibly occupied the first floor, prompting respondent No.4 to complain to the Sub‑Divisional Magistrate (respondent No.3), who issued a show‑ca

STATE OF ANDHRA PRADESHversusBODEM SUNDARA RAO

1995 INSC 59522 September 1995Appeal(s) allowed

The respondent, Bode​m Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. The State appealed,

RAGHBIR SINGHversusSURJIT SINGH AND ORS. ETC. ETC.

1994 INSC 33622 August 1994Dismissed

Raghbir Singh, convicted under IPC sections 326 and 149 and sentenced to three years' rigorous imprisonment, was released in November 1988 and subsequently contested the Punjab Vidhan Sabha election in February 1992. The respondent filed an election petition alleging that Singh was disqualified under sub‑section 3 of S

UNION OF INDIAversusPRATIBHA BANERJEE AND ANR.

1995 INSC 76121 November 1995Dismissed

Pratibha Banerjee, a retired Judge of the Calcutta High Court, was appointed Vice‑Chairman of the Central Administrative Tribunal (CAT) and continued to draw her High Court pension. Upon retiring from the CAT, she claimed that her pension should be fixed under Part I of the First Schedule of the High Court Judges (Cond

STATE OF PUNJAB AND ORS.versusMOHABIR SINGH ETC. ETC.

1995 INSC 76221 November 1995Disposed off

The respondents entered into a sale agreement for a portion of a house in Jalandhar and presented the deed for registration. The Sub‑Registrar, relying on government‑issued valuation guidelines, believed the market value was higher than stated and demanded a revision before registration. The respondents challenged this

PEHLAD SINGH AND ANR. ETC.versusUNION OF INDIA

1995 INSC 76421 November 1995Dismissed

The Delhi High Court dealt with an appeal by Pehlad Singh and others challenging the compensation awarded for a small portion of land acquired under the Land Acquisition Act, 1894. The land acquired totaled 8.40 acres, but the appellants' interest was a small extent, for which compensation was fixed at Rs. 10 per squar

RATAN LAL GUPTA AND ORS.versusUNION OF INDIA

1995 INSC 76521 November 1995Appeal(s) allowed

The Supreme Court examined the compensation awarded for the acquisition of 28 bighas (5.29 acres) of land in Yaquatpur, Delhi under the Land Acquisition Act. The Collector had fixed Rs 5,000 per bigha with solatium and interest, while lower courts reduced the value to Rs 30 per square yard and later the High Court aver

MIR SINGH AND ORS.versusUNION OF INDIA

1995 INSC 76621 November 1995Dismissed

The appellants' land, covering 966 bighas, was acquired under Section 4(1) of the Land Acquisition Act, 1894, with a notification dated 24 October 1961. The Delhi High Court fixed compensation at Rs 12 per square yard (Rs 12,000 per bigha), following the uniform rate applied in the earlier Sanwalia case. The appellants

SANT RAM AND ORSversusUNION OF INDIA

1995 INSC 76721 November 1995Dismissed

The appellants, Sant Ram and others, challenged the compensation awarded for their land acquired under the Land Acquisition Act, 1894. The Collector initially fixed compensation at Rs. 4,280 per bigha, which was later enhanced by the Additional Judge to Rs. 6,420 and by the Delhi High Court to Rs. 12,000 per bigha. The

MUNICIPAL CORPORATION OF DELHIversusGANESH RAZAK AND ANR.

1994 INSC 47320 October 1994

The Municipal Corporation of Delhi (appellant) challenged awards granted by the Labour Court to daily‑rated/casual workers (respondents) who claimed equal pay with regular employees under the principle of equal pay for equal work. The workers sought computation of arrears of wages at the regular workers' rate, invoking

BODDULA KRISHNAIAH AND ANR.versusSTATE ELECTION COMMISSIONER, A.P. AND ORS.

1996 INSC 41420 March 1996Appeal(s) allowed

The dispute arose from the Gram Panchayat elections in Nalgonda district, Andhra Pradesh, where the names of about 94 persons were deleted from the draft electoral roll. The affected persons filed a writ petition seeking to be allowed to vote. The High Court initially ordered that they could participate, but the electi

WELFARE ASSOCIATION, SECTOR 7, URBAN ESTATE, FARIDABADversusRAJIV KAPOOR AND ORS.

1996 INSC 41520 March 1996Disposed off

The Welfare Association filed a civil suit seeking a perpetual injunction to prevent the conversion of a designated green belt in Sector 7, Faridabad, into a petrol pump operated by Rajiv Kapoor and others. The trial court initially granted an ad‑interim injunction, later vacated it, but on revision the District Judge

STATE OF BIHAR AND ANR.versusRANCHI ZILA SAMTA PARTY AND ANR.

1996 INSC 40719 March 1996Disposed off

A massive fraud involving approximately Rs. 500 crore was uncovered in Bihar's Animal Husbandry, Education, Cooperation and Fisheries Departments, prompting the Patna High Court to order a Central Bureau of Investigation (CBI) probe under Article 226 of the Constitution, without the State government's consent. The Stat

LUDHIANA IMPROVEMENT TRUSTversusBRIJESHWAR SINGH CHHAL AND ANR. ETC.

1996 INSC 40819 March 1996Appeal(s) allowed

The Ludhiana Improvement Trust appealed against a High Court order that awarded a uniform compensation of Rs. 107 per square yard for 13 acres of land acquired for commercial‑residential purposes, rejecting the belting system used by the Land Acquisition Officer who had classified portions of the land as levelled‑up an

KATTITE VALAPPIL PATHUMMA AND ORS.versusTHE TALUK LAND BOARD AND ORS.

1997 INSC 15719 February 1997Dismissed

The deceased declarant, who had three wives and ten children, had elected his first wife and her minor children as his statutory family under Explanation I to Section 82 of the Kerala Land Reforms Act, 1963. The Taluk Land Board ordered him to surrender 160.54 acres of surplus land; after revisions the Board fixed a su

MUNICIPAL COMMITTEE, BAHADURGARHversusKRISHNAN BEHARI AND ORS.

1996 INSC 27919 February 1996Appeal(s) allowed

A clerk of the Municipal Committee, Bahadurgarh was found to have misappropriated Rs. 1,548.78 and falsified accounts. He was convicted under Section 409 of the Indian Penal Code, later altered to Section 468, and the municipality dismissed him. The Director of Local Bodies reduced the punishment to stoppage of four in

STATE OF TAMIL NADUversusM.P.P. KA VERY CHETTY

1995 INSC 6019 January 1995Disposed off

The State of Tamil Nadu appealed against a Madras High Court order that struck down Rules 8D, 19B and part of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959. The State argued that giving preference to State Government companies or corporations in granting quarrying leases for certain granites was a val

STATE OF KERALA AND ANR.versusA.C.K. RAJAH AND ANR.

1994 INSC 32417 August 1994

The respondents, members of the Nilambur Kovilakam, filed a petition under section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1973 claiming that 60 acres of land did not vest in the Government. The Forest Tribunal dismissed the petition, but the Kerala High Court reversed the decision, holding that t

SMT. SNEH PRABHAversusSTATE OF U.P. AND ANR.

1995 INSC 73715 November 1995Dismissed

The State of Uttar Pradesh published a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for development. The State later issued a Land Policy offering alternate plots to owners whose land was acquired, categorising owners by land size. Government Orders clarified that persons who purcha

PALI DEVI AND ORS.versusCHAIRMAN MANAGING COMMITTEE AND ANR.

1996 INSC 27015 February 1996Appeal(s) allowed

The appellants, former employees of the Army School, Jalandhar, claimed that the school had failed to pay the minimum wages fixed by the State Government and filed an application under Section 20(2) of the Minimum Wages Act, 1948. The Authority initially granted relief, but the Punjab & Haryana High Court set aside tha

ZENOBIA BHANOTversusP.K. VASUDEVA AND ANR.

1995 INSC 73114 November 1995Appeal(s) allowed

The widow of a deceased IAS officer, a "specified landlord", filed four applications under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (as amended by Act No. 2 of 1985) to evict tenants from a building in Chandigarh that had been let out in four separate parts. The Punjab & Haryana High Court, relyi

VOICE (CONSUMER CARE) COUNCILversusSTATE OF TAMIL NADU

1996 INSC 88414 August 1996Dismissed

The State of Tamil Nadu filed an application seeking modification of the Supreme Court’s July 22, 1996 order that continued the August 18, 1994 order directing a 69% reservation for backward classes, SCs and STs in medical, engineering and other educational institutions and the creation of additional seats for general‑

SH. MOHD. AYUB KHANversusPROF. BHIM SINGH AND ORS.

1996 INSC 38214 March 1996Dismissed

The Election Commission issued a notification for a bye‑election to the Udhampur Parliamentary Constituency and, after a reference by the Returning Officer, directed a repoll at certain polling stations, which was carried out. The election result was challenged before an election petition, and the High Court set aside

HOOKIYAR SINGH ETC. ETC.versusSPECIAL LAND ACQUISITION OFFICER, MORADABAD AND ANR.

1996 INSC 38314 March 1996Disposed off

The case concerned acquisition of 171.46 acres of agricultural land in Moradabad for UPSIDC. The Land Acquisition Officer initially fixed compensation at Rs 15,500 per acre, which was later increased by the District Court to Rs 40,000 and by the High Court to Rs 50,000 per acre based on sale deeds and oral evidence. Bo

SH. A. CHINNAPPAversusSH V. VENKATAMUNI AND ORS.

1996 INSC 38414 March 1996Dismissed

Sh. A. Chinnappa contested the Bethamangala Assembly seat in Karnataka, which was reserved for Scheduled Castes, claiming he belonged to the Mundala caste listed in the Presidential notification under Article 341. The Karnataka High Court held that he actually belonged to the Mondy/Mondigaru caste, which is not include

Y. H. PAWARversusSTATE OF KARNATAKA AND ANR.

1996 INSC 38514 March 1996Dismissed

Y.H. Pawar was appointed as a Class III employee on an ad‑hoc basis on 22 March 1960 after being called from the Employment Exchange. When the Ministerial Recruitment Rules were later framed, he was regularised on 6 May 1968 with seniority from the date of selection under the new rules. Pawar contended that his seniori

BALDEV SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 62213 October 1995Disposed off

Baldev Singh and his father were convicted by a Special Court for murder (Sec. 302 r/w Sec. 34 IPC) and for possession of an unlicensed weapon. The Supreme Court examined the evidence, including the FIR, eyewitness statements and post‑mortem report, and found that the injuries inflicted were not sufficient to constitut

CHINNAMMAversusGOPALAN AND ORS.

1995 INSC 62013 October 1995Appeal(s) allowed

The tenant, Chinnamma, occupied a residential premises under a lease from Gopalan and fell into rent arrears from June 1975. After a statutory notice, the landlord sought eviction under sections 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Controller ordered eviction under section

SALAUDDIN ABDULSAMAD SHAIKHversusTHE STATE OF MAHARASHTRA

1995 INSC 87511 December 1995Disposed off

The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure, and the High Court granted an ad‑interim order valid until 26 September 1995, imposing a condition that he report daily to the police station. Upon expiry of that order, the High Court judge directed the petitioner to file a re

NAMDEV SHRIPATI NALEversusBAPU GANAPATI JAGTAP AND ANR.

1997 INSC 26111 March 1997Appeal(s) allowed

The appellant, N.S. Nale, sought redemption of a possessory mortgage on an inam land that had been resumed and regranted under the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950. The mortgagee, Bapu Ganpati Jagtap, failed to pay the statutory occupancy price required for regrant, yet obtained the regrant by p

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION CO. AND ANR.

1997 INSC 13211 February 1997Disposed off

The Delhi Development Authority filed a petition alleging that senior officials of the New Bank of India and Canara Bank deliberately misused their powers by granting bank guarantees to the Skipper group of companies, causing loss to the banks. The Supreme Court examined whether the officials, including former chairmen

THE ADDITIONAL COMMISSIONER OF INCOME TAX, LUCKNOWversusMAHARANI RAJ LAXMI DEVI

1997 INSC 13511 February 1997Appeal(s) allowed

Maharani Raj Laxmi Devi, after adopting a minor son and the death of her husband, claimed HUF status and excluded the minor's one‑sixth share—acquired under Section 6 of the Hindu Succession Act—from the HUF's taxable income for AY 1966‑67 to 1970‑71. The Income Tax Officer held that, absent a partition order under Sec

KALAMATA MOHAN RAOversusNARAYANA RAO DHARMANA AND ORS.

1995 INSC 7119 November 1995Dismissed

K.M. Rao, a Telugu Desam Party candidate, was elected to the Andhra Pradesh Legislative Assembly in 1989. An election petition alleged that he committed a corrupt practice under Section 123(3) of the Representation of the People Act by using posters that depicted party leader N.T. Rama Rao as the Hindu deity Lord Krish

ABHJJIT TEA COMPANY PVT. LTD.versusTERAI TEA CO. (P) LTD. AND ORS.

1995 INSC 6998 November 1995Disposed off

The petitioner, Abhijit Tea Co. Pvt. Ltd., sought the refund of Rs.19,33,873.74 held in court deposit after a Calcutta High Court division bench ordered the High Court Registrar to return the sum. Although the Supreme Court, on 16 August 1994, directed the Registrar to effect the refund, the Registrar failed to do so,

DR. L.M. NATHversusDR. S.K. KACKER AND ORS.

1995 INSC 7018 November 1995Appeal(s) allowed

Dr. S.K. Kacker's five‑year term as Director of AIIMS expired on 14 October 1995. The Institute Body, having decided not to extend his tenure, initiated a selection process for a new Director, but the process was delayed by a writ petition. On 15 October 1995 the President of AIIMS appointed Prof. L.M. Nath, the senior

THE GEN. MANAGER TELE-COMMUNICATION AND ANR. ETC.versusDR. MADAN MOHAN PRADHAN AND ORS. ETC.

1995 INSC 6978 November 1995Appeal(s) allowed

The Union Government acquired 3.589 acres of land in Cuttack for a telecommunications complex under the Land Acquisition Act, 1894, invoking Section 17(4) to dispense with the enquiry under Section 5A. The wife of one respondent sought to have 24 decimals of the land excluded, but the representation remained pending wh

COMMISSIONER OF INCOME TAX, BIHARversusBANKIPUR CLUB LTD.

1997 INSC 4988 May 1997Dismissed

The Supreme Court examined whether receipts received by several members' clubs, including Bankipur Club Ltd., for drinks, refreshments, rent, admission fees and subscriptions constitute taxable income under the Income‑Tax Act. The clubs, registered as non‑profit companies under Section 25 of the Companies Act, claimed

ADIKANDA SETHI (DEAD) THROUGH LRS. AND ANR.versusPALANI SWAMI SARAN TRANSPORTS AND ANR.

1997 INSC 5008 May 1997Appeal(s) allowed

Ballav Kumar Sethi, a 24‑year‑old, was killed by an oil tanker. His dependents filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 for loss of estate and support. The Tribunal awarded Rs 1,00,000 and the High Court added Rs 18,000. The Supreme Court examined the multiplier method for calculating compensat

UNION OF INDIA AND ORS. ETC.versusSHRI CHAIN SINGH AND OR,S. ETC.

1997 INSC 5018 May 1997Dismissed

The Union of India requisitioned 1,007 kanals of land in Sansoo village, Udhampur, under Section 6 of the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act, 1968. The Land Acquisition Officer initially fixed compensation at Rs 12,000‑9,000 per kanal, but the claimants appealed and an arbitrator ra

AGRICULTURAL MARKET COMMITTEEversusSHALIMAR CHEMICAL WORKS LTD.

1997 INSC 4967 May 1997Dismissed

The Agricultural Market Committee, a statutory body under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, levied a market fee on Shalimar Chemical Works Ltd for its purchase of copra. The respondent challenged the fee, arguing that the sale occurred in Kerala, not within the notified market a

DWARIKESH SUGAR INDUSTRIES LTD.versusPREM HEAVY ENGINEERING WORKS (P) LTD.

1997 INSC 4867 May 1997Appeal(s) allowed

Dwarikesh Sugar Industries Ltd. entered into a contract with Prem Heavy Engineering Works (P) Ltd. for supply of equipment, the latter furnishing two unconditional bank guarantees from State Bank of India. When the equipment was not delivered, Dwarikesh invoked the guarantees, but Prem obtained ex parte injunctions res

SMT. GULAB DEVIversusTHE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 12956 November 1996Appeal(s) allowed

The appellant, Gulab Devi, succeeded to her father's tenancy under Section 35 of the Uttar Pradesh Tenancy Act, 1939, along with her sister Ram Kumari. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 came into force, Ram Kumari died unmarried while Gulab Devi was already married. The Deputy Direc

ST. MARY'S SCHOOL AND ORS. ETC.versusCANTONMENT BOARD, MEERUT AND ORS.

1996 INSC 1815 February 1996Disposed off

The petitioners, owners of buildings claimed to be exempt from property tax under Section 99 of the Cantonment Act, appealed an assessment order without depositing the tax as required by Section 87. The appellate authority allowed the appeal, invoking the exemption, which led the Cantonment Board to file a writ petitio

P. VEERAPPAversusM.A. MOHAMMED AMANULLA

1995 INSC 8294 December 1995Dismissed

The appellant, a long‑time tenant, entered into a 1959 agreement with the landlord to purchase the premises and later compromised a suit for specific performance, agreeing to pay a higher consideration and arrears of rent. He failed to pay the consideration within the stipulated time, causing the agreement to lapse. Th

UNION OF INDIA AND ANR.versusBABU SINGH AND ORS.

1995 INSC 8304 December 1995Appeal(s) allowed

The Union of India acquired about 1230.8 acres of land in Bhatinda, Punjab under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for defence purposes, and an arbitrator determined compensation in an award dated 19 January 1985. The landowners filed a writ petition in the Punjab & Haryana

HARYANA STATE ELECTRICITY BOARDversusSURASTI DEVI

1995 INSC 8334 December 1995Appeal(s) allowed

The Haryana State Electricity Board appealed a High Court decision that had granted a family pension to Surasti Devi, the mother of a deceased government employee, based on Rule 8.35 of the Punjab Civil Services Rules. The Supreme Court examined whether the mother qualified as a dependent under the Family Pension Schem

NEW REVIERA CO-OP. HOUSING SOCIETYversusSPECIAL LAND ACQUISITION OFFICER

1995 INSC 8344 December 1995Dismissed

The New Riviera Co‑op Housing Society appealed against the Special Land Acquisition Officer after the land on which its flats stood was acquired for a public purpose under the Land Acquisition Act, 1894. An award was made and compensation of Rs.13,11,299 was paid, but the society filed a reference under Section 18 disp

STATE OF HARYANA AND ANR.versusDHAN SINGH

1995 INSC 8354 December 1995Appeal(s) allowed

The State of Haryana appealed a Punjab & Haryana High Court order that had directed the appointment of the brother of a government employee who died while in service on compassionate grounds. The High Court had held the brother eligible for appointment. The Supreme Court examined Rule 6.16‑B(a) of the Punjab Civil Serv

THE COMMISSIONER OF INCOME-TAX, MADRASversusURMILA RAMESH ETC.

1997 INSC 1044 February 1997Disposed off

The Supreme Court considered appeals by the Commissioner of Income‑Tax against shareholders of the liquidated Tinnevelly Motor Service Company who had received dividends from the liquidator. The revenue argued that amounts assessed under Section 41(2) of the Income‑Tax Act, 1961 – representing excess on the written‑dow

STATE OF ANDHRA PRADESHversusVALLURI VANRAJU

1995 INSC 4363 August 1995Appeal(s) allowed

The respondent, Vallurivan Raju, filed a declaration under Section 8(1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Officer held that his holding exceeded the statutory ceiling of 1.3590 acres. The High Court, on revision, allowed the exclusion of only 3 acres 5 cen

SPECIAL LAND ACQUISITION OFFICER AND ORS.versusMALLANAGOUDA RAYANAGOUDA PATIL AND ORS.

1995 INSC 4373 August 1995Dismissed

The Special Land Acquisition Officer appealed against the Karnataka High Court’s modification of the compensation awarded to the petitioners for acquired land. The High Court reduced the compensation per acre but the Supreme Court affirmed the award and further granted enhanced solatium at 15% and interest at 6% on the

HARBANS SINGHversusSTATE OF PUNJAB AND ORS.

1995 INSC 4383 August 1995Appeal(s) allowed

Harbans Singh, who joined the Punjab Department of Legal and Legislative Affairs as a clerk in 1965 and was promoted to Assistant in 1974, claimed promotion to Legal Assistant on the basis of seniority when a vacancy arose in 1977. Ajit Lal Arora, the third respondent, was appointed to the same post on May 20, 1977, af

P.S. GHALAUTversusSTATE OF HARYANA AND ORS.

1995 INSC 4393 August 1995Dismissed

The appellant, a general‑category candidate, and Dr. Nitya Anand, a backward‑class candidate, were appointed as lecturers under the Haryana Medical Education Service Rules, 1965. The appellant argued that the order of merit prepared by the Selection Committee, which placed him higher than Dr. Anand, should determine in

SRI KAPTAN SINGH (DECEASED) THROUGH LRS.versusRAJINDER SINGH AND ANR.

1995 INSC 4403 August 1995Dismissed

The appellant, the estate of the late Sri Kaptan Singh, filed a writ petition in the Delhi High Court seeking a mandamus directing the Commissioner of Police to transfer his criminal complaint to an independent police agency, alleging that while in police custody his property was being alienated by a person claiming po

AS. GLITTRE D/5 I/S GARONNE AND ORS.versusCOMMISSIONER OF INCOME TAX, KERALA-II

1997 INSC 3583 April 1997Appeal(s) allowed

The appellants, non‑resident ship owners, had tax assessed on their shipping earnings under Section 172(4) of the Income Tax Act, 1961 and paid the tax. They later exercised their right under Section 172(7) to obtain a regular assessment, which showed that the tax previously paid was in excess. The Income Tax Appellate

STATE OF U.P.versusAMEER ALI

1996 INSC 4783 April 1996Appeal(s) allowed

The deceased wife was attacked by her husband, who beat her, poured kerosine on her and set her on fire. She gave two dying declarations, one to an Executive Magistrate on the day of the incident and another to a Sub‑Inspector the following day, both describing the accused's actions. At trial, the Sessions Court convic

SRI RAMDAS MOTOR TRANSPORT LTD. AND ORS.versusTADI ADHINARAYANA REDDY AND ORS.

1997 INSC 4631 May 1997Appeal(s) allowed

The first appellant, a public limited company, and its senior directors were accused by minority shareholders of oppression and mismanagement. The shareholders filed petitions before the Company Law Board under Sections 397 and 398 of the Companies Act, 1956, seeking injunctions and the appointment of an administrator.

THE PROPERTY OWNERS' ASSOCIATION AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 5981 May 1996Matter referred to larger bench

The petition challenged the constitutional validity of Chapter VIII‑A of the Maharashtra Housing and Area Development Act, 1976, which allows acquisition of properties on payment of one hundred times the monthly rent, and argued that Article 31C of the Constitution shields the Act from attack under Articles 14 and 19.

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