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Supreme Court of India

KULDIP SINGH

430 judgments delivered by benches including this judge — showing 1–200.

STATE OF TAMIL NADUversusM/S. AROORAN SUGARS LTD.

1996 INSC 125831 October 1996Appeal(s) allowed

The respondent, Arooran Sugars Ltd., owned over 3,400 acres of land that was declared surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The original compensation rate was nine times the net annual income, but the 1972 Fourth Amendment reduced it to two times. A 1974 amendment (Act 7 of

BRATHI ALIAS SUKHDEV SINGHversusSTATE OF PUNJAB

1990 INSC 33231 October 1990Dismissed

Sukhdev Singh and his uncle Teja Singh were tried for the murder of Socha Singh under IPC sections 302 and 34. The trial court acquitted Teja Singh but convicted Sukhdev Singh, sentencing him to life imprisonment. On appeal, the Punjab & Haryana High Court re‑examined the evidence, held that the acquittal of Teja Singh

SRI JAGATHIGOWDA C.N. AND ORS.versusCHAIRMAN, CAUVERY GRAMINA BANK AND ORS.

1996 INSC 80931 July 1996Appeal(s) allowed

The Cauvery Gramina Bank, a Regional Rural Bank, promoted several officers to Senior Manager posts using a Director's Committee that assessed candidates on performance appraisal scores and interview marks, following NABARD circulars of 1984 and 1986. Unsuccessful officers filed writ petitions in the Karnataka High Cour

THE INDIAN TIMBER AND PLYWOOD CORPORATION LTD. AND ORS.versusTHE STATE OF KERALA AND ORS.

1994 INSC 13531 March 1994Dismissed

The State of Kerala filed a suit to recover possession of 4,200 acres of land, claiming that the lands had escheated to the State under the Kerala Escheats and Forfeitures Act, 1964. The Collector had issued an order on 24‑12‑1968 declaring the lands escheated, and the appellants did not file an appeal under Section 7

STATE OF WEST BENGALversusSINGELL TEA AND AGRICULTURAL INDUSTRIES LIMITED AND ORS.

1993 INSC 13531 March 1993Disposed off

The State of West Bengal issued a notification under the West Bengal Estates Acquisition Act, 1953 covering the tea garden of Singell Tea and Agricultural Industries Ltd., and the Revenue Officer assessed rent. The company contended it was not an intermediary and the land was free‑hold, challenging the officer’s jurisd

T.M. BALAKRISHNA MUDALIARversusM. SATY ANARA YANA RAO AND OTHERS

1993 INSC 13631 March 1993Appeal(s) allowed

The appellant, T.M. Balakrishna Mudaliar, purchased agricultural lands from Abdul Salam and Razia Begum and was assigned their right of repurchase under agreements dated 15‑April‑1963. The respondents, Satyanarayana Rao and his mother Pushpavathi Ammal, refused to execute reconveyance deeds, prompting Mudaliar to sue f

KKM NAIR AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 13031 March 1993Dismissed

The case concerned the promotion and seniority of Class III personnel in the Indian Ordnance Factories. A 1962 circular had granted accelerated promotion to diploma‑holding supervisors, but a 1966 circular withdrew that benefit. After decades of litigation, the Supreme Court in Virendra Kumar (Civil Appeal No. 441/81)

STATE OF U. P.versusHANIF

1992 INSC 9531 March 1992Appeal(s) allowed

The State of Uttar Pradesh convicted Hanif under sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated milk, sentencing him to six months' rigorous imprisonment and a fine. The conviction was affirmed by the Sessions Court but set aside by the Allahabad High Court on the ground that

STATE OF ORISSAversusDAMBURU NAIKO AND ANR.

1992 INSC 9731 March 1992Appeal(s) allowed

The State of Orissa prosecuted Dambru Naiko and another accused for kidnapping and gang rape of a village girl, Manguri Bhotruni, under IPC sections 366, 376 and 34. The victim identified the two respondents in an identification parade and medical examination showed injuries to her private parts, which the trial court

BASANAGOUDAversusDR. S. B. AMARKHED AND ORS.

1992 INSC 9831 March 1992Case Partly allowed

Basanagouda was elected to the Karnataka Legislative Assembly and was challenged by Dr. S. B. Amarkhed, the nearest unsuccessful candidate, who alleged booth‑capturing and rigging of votes. The High Court, relying on Order XI Rule 14 and Order XVI Rule 6 of the CPC, ordered the production of various election documents,

Y.P. CHAWLA AND ORSversusM.P. TIWARI AND ANR.

1992 INSC 10131 March 1992Appeal(s) allowed

The respondents, Tiwari and Passi, were prosecuted under Section 276‑B of the Income‑Tax Act for failing to deposit TDS. They applied to the Commissioner for compounding of the offences under Section 279(2). The Central Board of Direct Taxes had issued Instruction No. 1317 under Section 119(1) requiring prior Board app

R. RAJAGOPAL REDDY (DEAD) BY LRS. AND ORS.versusPADMINI CHANDRASEKHARAN (DEAD) BY LRS.

1995 INSC 8531 January 1995Disposed off

The Supreme Court examined whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 could be applied to suits, claims or actions that were filed before the Act came into force, seeking to enforce rights over benami‑held property. The petitioners argued that the proceedings, initiated under the law then i

BHAGWAN SWAROOPversusSTATE OF MADHYA PRADESH

1992 INSC 3331 January 1992Appeal(s) allowed

Bhagwan Swaroop was charged with murder, attempt to murder, trespass and a violation of the Arms Act after he fired his father's licensed gun during a dispute over land. The father, Ramswaroop, was being beaten with a lathi by the complainant Shahjor Singh when Bhagwan, fearing for his father's life, shot the deceased

M.C.MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 153430 December 1996Disposed off

The Supreme Court entertained a public‑interest writ petition filed by environmental activist M.C. Mehta alleging that emissions from coke/coal‑using industries in the Taj Trapezium Zone (TTZ) were causing severe atmospheric pollution and damaging the Taj Mahal. Expert reports (NEERI, Varadharajan Committee) establishe

BUFFALO TRADERS WELFARE ASSOCIATION AND ANOTHERversusMANEKA GANDHI AND ORS.

1996 INSC 142030 November 1996Disposed off

The Supreme Court considered two interlocutory applications concerning the Idgah Slaughter House in Delhi, which had been declared a hazardous/noxious industry and ordered to cease operations by 30 November 1996. The petitioners sought to set aside the July 8, 1996 order (IA No. 22) that modified a prior status‑quo ord

HOUSING BOARD OF HARYANAversusHARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.

1995 INSC 64330 October 1995Dismissed

The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive governmental control, includin

MST. MOHINDEROversusKARTAR SINGH AND ORS.

1990 INSC 33130 October 1990Appeal(s) allowed

Santi, after being widowed twice, held the estate of her second husband Ditto as a life‑estate and executed a gift deed in 1955 in favour of her granddaughter Mohindero, the daughter of her illegitimate son Buta. The Hindu Succession Act, 1956 came into force on 17 June 1956 and Santi died intestate on 6 October 1956.

M/S CHAHAL ENGINEERING CONSTRUCTION CO.versusIRRIGATION DEPARTMENT, PUNJAB, SIRSA

1993 INSC 25130 July 1993Disposed off

The appellant, Mis Chahal Engineering, entered a turn‑key lump‑sum contract with the Punjab Irrigation Department to construct an aqueduct. Design changes increased quantities, and the contractor claimed extra payment, leading to arbitration. The first arbitrator treated the contract as having shifted from lump‑sum to

MISS MOHINI JAINversusSTATE OF KARNATAKA AND ORS.

1992 INSC 18630 July 1992Case Partly allowed

Miss Mohini Jain, an Indian student from outside Karnataka, was denied admission to a private medical college after she could not pay a Rs.60,000 annual fee, which she alleged to be a capitation fee. She filed a writ petition under Article 32 challenging the Karnataka Government's 1989 notification fixing differential

GANDHI GRAH NIRMAN SAHKARI SAMITI LTD. ETC. ETC.versusSTATE OF RAJASTHAN AND ORS.

1993 INSC 12630 March 1993Dismissed

The Gandhi Grab Nirman Sahkari Samiti Ltd., together with Bhawani Singh, purchased 3,49,000 sq. yards of land in Jaipur and submitted a development plan to the Urban Improvement Trust, which was objected to and referred to the State Government. The State Government, after hearing objections, issued a notice under Secti

STATE OF MAHARASHTRAversusGULAB RAO

1995 INSC 8230 January 1995Appeal(s) allowed

The State of Maharashtra appealed a High Court order that had set aside a revenue tribunal's decision adding 51.08 acres of land to the holding of Gulab Rao, a surplus land holder. The land had been conveyed by unregistered sale agreements dated 1‑April‑1968, before the cut‑off date of 26 September 1970. The issue was

JAI NARAIN AND ORS. ETC. ETC.versusUNION OF INDIA

1995 INSC 80829 November 1995Dismissed

The petitioners challenged two notifications dated 6 January 1995 and 9 March 1995 issued under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 for land in Nilothi, Delhi, which was to be used for a sewage‑treatment plant (STP). They argued that the phrase "is likely to be needed" in the Section 4 notificatio

HOSHIAR SINGH AND ORSversusSTATE OF PUNJAB

1991 INSC 27729 October 1991Dismissed

A civil dispute over a plot of land led to a violent incident on 16 December 1975 in which nine accused, armed with firearms and bladed weapons, attacked the complainants, resulting in several deaths and injuries. The trial court acquitted four of the accused and convicted the remaining five under sections 148, 149, 30

UDAY PRATAP SINGH AND ORS.versusTHE STATE OF BIHAR AND ORS.

1994 INSC 42229 September 1994Dismissed

The appellants, originally members of the Junior Branch of the Bihar Finance Service, were merged into the Senior Branch by a government resolution dated 2 November 1975, purportedly with retrospective effect from 1 April 1974. The respondents, who were direct recruits to the Senior Branch on 12 May and 25 May 1974, ch

M.R. PRATAPversusV.M. MUTHUKRISHNAN, INCOME-TAX OFFICER, CENTRAL - III, MADRAS

1992 INSC 14129 April 1992Dismissed

M.R. Pratap, the Managing Director of Rayala Corporation Private Ltd., signed and verified the company's income‑tax return for AY 1965‑66, which was later found to be false. He was prosecuted under section 277 of the Income‑Tax Act for wilfully making a false verification. The appellant contended that the term "person"

UNION OF INDIA AND ANR. ETC. ETC.versusPRATAP NARAIN AND ORS. ETC. ETC.

1992 INSC 14229 April 1992Disposed off

The Supreme Court examined appeals filed by promotees of the Indian Statistical Service challenging a seniority list that excluded periods of service in "ex-cadre" posts. The issue arose from the earlier judgment in Narender Chadha v. Union of India (1986), where the Court had directed that promotees be treated as regu

RAM NARAIN PRASAD AND ANR.versusATUL CHANDER MITRA AND ORS.

1994 INSC 12829 March 1994Appeal(s) allowed

The appellants filed an eviction suit against the first respondent, claiming they were landlords and the respondent was a tenant in arrears of rent, and valued the suit on the basis of twelve months' rent. The respondent denied any landlord‑tenant relationship and argued that the suit required adjudication of title, th

DELHI WATER SUPPLY AND SEWAGE DISPOSAL UNDER TAKING AND ANR.versusSTATE OF HARYANA AND ORS.

1996 INSC 33529 February 1996Disposed off

The Delhi Water Supply and Sewage Disposal Undertaking and Commodore S. D. Sinha filed a public‑interest petition under Article 32 seeking a direction that the upstream states release sufficient water in the Jamuna River for Delhi's drinking needs. The Supreme Court, after hearing the parties, issued an interim order d

OFFICIAL TRUSTEE OF TAMIL NADUversusUDAVUMKARANKAL AND ORS.

1993 INSC 3029 January 1993Appeal(s) allowed

The Official Trustee of Tamil Nadu, acting as trustee of a marriage hall trust, demolished the existing building and planned a new construction after an architect’s report recommended demolition, but without obtaining a fresh High Court order beyond the earlier sanction for roof conversion costing Rs 6 lakhs. The High

ANZAR AHMEDversusSTATE OF BIHAR AND ORS.

1993 INSC 34628 October 1993

The Bihar Government requisitioned the State Public Service Commission to fill vacant Unani Medical Officer posts and, in the absence of specific rules, directed that selection be made solely on interview. The Commission, following its long‑standing practice, allocated 50% of the total marks to academic performance and

UNION OF INDIAversusS. DHARMALINGAM

1993 INSC 34728 October 1993Dismissed

The respondent, S. Dharmalingam, served as an Investigator from 1956 to 1960 and was later appointed Labour Officer by direct recruitment in 1960, retiring in 1985. He claimed an addition to his qualifying service under Rule 30(1) of the Central Civil Services (Pension) Rules, 1972, which the authorities rejected, lead

THE ENTERTAINMENT TAX OFFICERversusAMBAE PICTURE PALACE

1993 INSC 34828 October 1993

The Andhra Pradesh Entertainment Tax Officer appealed against a High Court order that struck down the retrospective operation of the Andhra Pradesh Entertainment Tax (Amendment) Act, 1985, which re‑imposed tax on the basis of gross collection capacity for the period 7 September 1984 to 24 October 1984. The State had, t

EMPLOYEES STATE INSURANCE CORPORATIONversusR.K. SWAMY AND ORS. ETC.

1993 INSC 34928 October 1993Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) issued a notification under Section 1(5) of the Employees' State Insurance Act, 1948 extending the Act to "shops" and claimed that advertising agencies and a steamship company fell within this category. The agencies contested, arguing that their activities did not const

THE RUBY SALES AND SERVICES (P) LTD. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 35028 October 1993

The appellants challenged the liability to pay stamp duty on a consent decree that transferred title to immovable property. The issue was whether such a decree qualifies as a "conveyance" under section 2(g) or an "instrument" under section 2(1) of the Bombay Stamps Act, 1958. The High Court’s single judge held it did n

RAGHU SEEDS AND FARMS AND OTHERS ETC.versusTHE UNION OF INDIA AND ORS. ETC.

1993 INSC 35128 October 1993

The petitioners challenged the validity of the Central Government's notification dated 24 February 1983 declaring seeds of food‑crops, fruits and vegetables as essential commodities under the Essential Commodities Act, 1955, and the consequent Seeds (Control) Order, 1983 which required licences for dealing in such seed

VELLORE CITIZENS WELFARE FORUMversusUNION OF INDIA AND ORS.

1996 INSC 95228 August 1996Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by the Vellore Citizens Welfare Forum alleging that tanneries in five districts of Tamil Nadu were discharging untreated effluents, contaminating surface and groundwater, rendering 35,000 hectares of agricultural land unfit for cultivation and

SURINDER KUMAR AND ANR.versusSTATE OF HARYANA

1992 INSC 13528 April 1992Dismissed

Surinder Kumar's second wife, Sheema, died from severe burn injuries. Kumar and his son were convicted of murder under Sections 302 and 34 of the IPC and of cruelty under Section 498‑A, based primarily on a dying declaration recorded before a Judicial Magistrate, with a doctor's certificate that she was conscious. On a

SMT. PRERNA AND ANR.versusM.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS

1993 INSC 2628 January 1993Appeal(s) allowed

Padmakar More died in a bus accident in 1978, and his father, widow, and minor daughter filed a claim for compensation under the Motor Vehicles Act. The Motor Accidents Claim Tribunal awarded Rs 26,000, fixing the family’s monthly dependency at Rs 150 based on an unsubstantiated claim that the deceased was a drunkard,

UNION OF INDIAversusSHER SINGH AND ORS.

1993 INSC 2728 January 1993Appeal(s) allowed

The State of Haryana acquired land in Gurgaon for the National Security Guard at the request of the Union of India. Landowners filed reference petitions under Section 18 of the Land Acquisition Act, 1894 seeking higher compensation. The Union of India applied to be impleaded as a respondent, arguing that it was a "pers

S.P. CHENGALVARAYA NAIDU (DEAD) BY L.RS.versusJAGANNATH (DEAD) BY L.RS. AND ORS

1993 INSC 34427 October 1993

Jagannath, acting as a clerk for Chunilal Sowcar, purchased property at a court auction on behalf of his master and later executed a registered release deed relinquishing all his rights to the property. Despite this, he filed a partition suit claiming ownership and obtained a preliminary decree, without disclosing the

GOODWILL PAINT AND CHEMICAL INDUSTRYversusUNION OF INDIA AND ANR.

1991 INSC 24727 September 1991Dismissed

Goodwill Paint and Chemical Industry, a manufacturer of "thinner", filed a writ petition under Article 32 challenging the constitutional validity of Section 5 of the Poisons Act, 1919 and a 1973 Delhi Poisons Rules amendment that classified thinner as a poison. The petitioners argued that the provision gave the State a

UNION OF INDIA AND ORS.versusALANG SHIP BREAKERS PVT. LTD., BHA VNAGAR AND ORS.

1993 INSC 27927 August 1993Appeal(s) allowed

The petitioners, ship‑breakers, were directed by the Central Excise authorities to pay duty on ship scrap, which they contested as not being ‘manufacture’ under the Central Excises and Salt Act, 1944. The Gujarat High Court, in an interim order, allowed them to clear the scrap on payment of 25% of the duty, subject to

H.S. ATWAL AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 29027 July 1994Dismissed

The appellants, former army personnel who demobilised in 1968, joined the Himachal Pradesh Administrative Service in 1975 and claimed that their five years of military service should be counted towards seniority under Rule 4(1) of the Himachal Pradesh Administrative Rules, 1974. The rule provides such credit only if th

STATE OF WEST BENGAL AND ORS.versusSRI DEB KUMAR MUKHERJEE AND ORS.

1995 INSC 21427 March 1995Appeal(s) allowed

The Government of West Bengal, by an order dated 4 June 1965, bifurcated the cadre of Inspectors in the Housing Department into Grade‑I and Grade‑II, upgrading 20 % of the posts and providing for promotion from Grade‑II. The three Pay Commissions (1971, 1981, 1990) examined the pay‑scale revisions and recommended retai

R.S. MIITALversusUNION OF INDIA

1995 INSC 21527 March 1995Dismissed

The appellant, R.S. Mital, was placed fourth on a selection panel prepared by a board headed by a sitting Supreme Court judge for the post of Judicial Member of the Income‑Tax Appellate Tribunal. The board sent its recommendation to the Central Government on 25 January 1988, but the government neither appointed any can

STATE OF KARNATAKAversusKUMARI GOWRI NARAYANA AMBIGA ETC.

1995 INSC 21627 March 1995Dismissed

The Karnataka Government framed Special Rules in 1977 to appoint local candidates belonging only to Scheduled Castes, Scheduled Tribes and Backward Tribes to Class‑III posts without any merit‑based selection. Several local candidates from other categories were also appointed, and the Special Rules compelled the termina

RAJASTHAN HOUSING BOARD AND ORS. ETC. ETC.versusKISHAN AND ORS. ETC. ETC.

1993 INSC 2327 January 1993Dismissed

The Rajasthan Government issued a notification under the Rajasthan Land Acquisition Act, 1953 to acquire about 2,517 bighas of land for the Rajasthan Housing Board and, under Section 17(4), dispensed with the inquiry required by Section 5(A). The acquisition was challenged on the grounds that the land was not waste or

CHAYA AND ORS.versusBAPUSAHEB AND ORS.

1993 INSC 2427 January 1993Appeal(s) allowed

A suit filed by 56 members of the public sought a declaration of a customary right to bury the dead on two parcels of land (R.S. Nos. 975/1 and 975/2) and a permanent injunction against 15 defendants, who were the brother‑owners and subsequent purchasers of the land. The trial court decreed in favour of the plaintiffs;

ANWARI BASAWARAJ PATIL AND ORS.versusSIDDARAMAIAH AND ORS.

1993 INSC 2527 January 1993Dismissed

The first respondent, a defeated candidate, filed an election petition challenging the election of the appellant. The appellant filed a recrimination notice under Section 97 of the Representation of the People Act, 1951, but did so beyond the 14‑day period prescribed, and sought condonation of the delay under Section 5

SMT. PARAYANKANDIYAL ERA VATH KANAPRAVAN KALLIANI AMMA AND ORS.versusK. DEVI AND ORS.

1996 INSC 58326 April 1996Appeal(s) allowed

Raman Nair contracted a second marriage while his first wife was alive, violating Section 5 of the Madras Marumakkattayam Act, 1932, which rendered the second marriage void. After the Act was repealed by the Kerala Joint Hindu Family System (Abolition) Act, 1975, the appellants claimed that the repeal validated the sec

STATE OF ANDHRA PRADESHversusY. BASAVADEVUDU AND ANR.

1992 INSC 9126 March 1992Appeal(s) allowed

The State of Andhra Pradesh prosecuted Y. Basavadevudu and S. Subha Rao for embezzling Rs.1,22,500 by falsifying entries related to fake RBI demand drafts in a Sub‑Treasury. The trial court found the accused and an approver guilty under IPC sections 409, 467, 471 and 477‑A, but the High Court acquitted them, holding th

RAYMOND WOOLLEN MILLS LTD.versusM.R.T.P. COMMISSIONS AND ANR.

1993 INSC 7226 February 1993Dismissed

The Monopolies and Restrictive Trade Practices (M.R.T.P.) Commission issued a notice alleging that Raymond Woollen Mills Ltd. engaged in resale price maintenance because its price lists did not state that dealers could charge lower prices. The Commission held that the price lists merely indicated rates per metre and la

M/S. BHAGATRAM RAJIV KUMARversusCOMMISSIONER OF SALES TAX MADHYA PRADESH AND ORS.

1994 INSC 55325 November 1994Dismissed

The appellants, dealers registered under the Madhya Pradesh Sales Tax Act, imported sugar and other goods listed in Schedule II of the Madhya Pradesh Entry Tax Act into the state for consumption, use or sale. They challenged the entry tax levied under Section 3(1)(a) of the Act, contending that because sugar attracts a

M/S SHAKTIKUMAR M. SANCHETI AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 55425 November 1994Dismissed

The petitioners, contractors and dealers of motor vehicles, purchased vehicles outside Maharashtra and brought them into the state, where they were levied an entry tax under the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987. They challenged the tax as unconstitutional, arguing that it exceeded t

JEET SINGH ETC.versusSTATE OF U.P. AND ORS.

1992 INSC 32325 November 1992Dismissed

The appellants, Jeet Singh (who had two wives) and his first wife Mayawati, challenged the inclusion of two plots transferred to Mayawati in Jeet Singh's land holding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, arguing that Mayawati was a "judicially separated" wife and therefore the land should be

GULZARI LAL AGARWALversusACCOUNTS OFFICER

1996 INSC 110825 September 1996Case Partly allowed

The appellant filed a complaint before the District Forum, Bankura, alleging inflated telephone bills and obtained an interim order directing the respondent not to disconnect his line on condition of a Rs 4,000 deposit, which he complied with. The respondent appealed to the State Commission, which dismissed the appeal;

COMMON CAUSE,REGISTERED SOCIETYversusUNION OF INDIA AND OTHERS

1996 INSC 110925 September 1996Disposed off

The Supreme Court examined the discretionary allotment of fifteen petrol pumps by the then Minister of State for Petroleum and Natural Gas, Capt. Satish Sharma, who granted them to relatives of politicians, Oil Selection Board members and ministry officials without any advertisement, guidelines or transparent criteria.

ASHOK KAPILversusSANA ULLAH (DEAD) AND ORS.

1996 INSC 111125 September 1996Appeal(s) allowed

Ashok Kapil, a former tenant, applied to the District Magistrate for allotment of a premises owned by Sana Ullah under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord objected that the structure was not a "building" because its roof had been removed after the pr

ADAIR DUTTA AND CO. INDIA PVT. LTD.versusTHE APPROPRIATE AUTHORITY, INCOME TAX DEPARTMENT

1996 INSC 111225 September 1996Disposed off

Adair Dutta & Co. India Pvt. Ltd., a tenant in a Madras building, challenged an order under Section 269 UD of the Income Tax Act that required surrender of possession after the building was purchased by the Central Government under Section 269 UE, which stated the property would vest free from all encumbrances. The com

CHAIRMAN, SCHOOL OF BUDDHIST PHILOSOPHY, LEHversusMAKHAN LAL MATTO AND ANR.

1990 INSC 21225 July 1990Dismissed

The Board of Management of the School of Buddhist Philosophy, Leh, amended its 1973 recruitment rules in August 1978 to require that the Principal possess a specialised academic background in Buddhist Philosophy. After appointing Tashi Paljor under the revised criteria, M.L. Mattoo, who had been serving as Administrati

FAQIR (DEAD) THROUGH SHYAM DEOversusKISHORI @ LALLOO AND ANR.

1995 INSC 29325 April 1995Dismissed

Kishori claimed ownership of two plots in Varanasi and filed objections under the U.P. Consolidation of Holdings Act, 1953. He had earlier instituted a civil suit on 5 January 1954 for injunction and possession against Faqir in the Munsif Court; the trial court dismissed it, but the appellate court allowed the suit, is

MISS SHAINDA HASANversusSTATE OF UTTAR PRADESH AND ORS.

1990 INSC 15925 April 1990Dismissed

Karamat Husain Muslim Girls College, a Muslim minority institution, advertised a principal's post requiring a master's degree, five years teaching/administrative experience, and working knowledge of Urdu. Ms. Shainda Hasan, lacking the experience requirement, was selected after the selection committee relaxed that qual

A.P. STATE ELECTRICITY BOARD AND ORS.versusSARADA FERRO ALLOYS LTD.

1993 INSC 6925 February 1993Leave granted

The Andhra Pradesh State Electricity Board (APSEB) granted a 25% rebate on demand and energy charges to high‑tension industries, initially for three years from the date of regular production and later extended for two additional years by a government order dated 23 August 1985. The Board subsequently withdrew the conce

N.T.C. (SOUTH MAHARASHTRA) LIMITEDversusRASHTRIYA MILL MAZDOOR SANGH AND ORS. ETC. ETC.

1992 INSC 32124 November 1992Dismissed

The workmen of several Bombay textile mills went on strike in January 1982, after which the Textile Undertakings (Taking Over of Management) Act, 1983 was enacted and the management of the mills was taken over by the National Textile Corporation Limited (NTC) on 10 February 1984. The central issue was whether the takeo

P.A. CHANDRAN AND ORS.versusBOARD OF REVENUE (EXCISE) AND ORS.

1994 INSC 48124 October 1994Disposed off

The Supreme Court examined whether a rule prescribing a 1:1 ratio for promotion of Excise Guards to Excise Preventive Officer, based on possession of the Secondary School Leaving Certificate (SSLC), violated Article 16 of the Constitution. The Court reiterated that higher educational qualifications can be a permissible

GOVERNMENT OF TAMIL NADU AND ANR.versusA. RAJAPANDIAN

1994 INSC 48724 October 1994Appeal(s) allowed

A. Rajapandian, a Sub‑Inspector of Police, was dismissed after a departmental inquiry found three charges of misconduct proved against him. He challenged the dismissal before the Madras High Court, which transferred the matter to the Tamil Nadu Administrative Tribunal. The Tribunal set aside the dismissal by re‑appreci

STATE OF ANDHRA PRADESHversusS.B.P.V. CHALAPATHI RAO ETC.

1994 INSC 48224 October 1994Appeal(s) allowed

The respondents sold 220.25 acres of agricultural land in December 1971 through fourteen sale deeds. The State of Andhra Pradesh contended that the transfers were made to evade the ceiling provisions of the Andhra Pradesh Land Reforms (Ceiling) on Agricultural Holdings Act, 1973, and should be disregarded for ceiling c

RAM PARKASH MAKKARversusSTATE OF HARYANA AND ORS.

1992 INSC 26124 September 1992Appeal(s) allowed

Ram Parkash Makkar was appointed as a Steno‑Typist in the Haryana Civil Secretariat in 1973 and was placed at the disposal of the Directorate of Local Bodies as an Assistant on 8 January 1986 on a transfer basis, with a one‑year probation and a clause that the appointment was temporary and he could be reverted to his p

KAILVELIKKAL AMBUNHI (DEAD) BY LRS. AND ORS.versusH. GANESH BHANDARY

1995 INSC 48924 August 1995Dismissed

The petition challenged the Kerala High Court's interpretation of a will that contained an earlier clause granting an absolute estate to Kannan and a later clause (Schedule A) stating the same properties were to be possessed as "Tavazhi". The Supreme Court examined whether the later clause, which was inconsistent with

GANGABAI CHARITIESversusCOMMISSIONER OF INCOME-TAX AND ANR.

1992 INSC 18324 July 1992Dismissed

The Supreme Court examined whether the income of Ganga Bai Charities, a trust that owned a building let out as a marriage hall and operated a printing press, qualified for exemption under Section 11(l)(a) of the Income Tax Act, 1961. The trust argued that its income was wholly applied to religious, charitable, cultural

JIVENDRA NATH KAUL ETC.versusTHE COLLECTOR/DISTRICT MAGISTRATE AND ANR ETC.

1992 INSC 18424 July 1992Dismissed

J.N. Kaul, elected president of the Zilla Parishad, Lucknow, was removed after a no‑confidence motion was passed. Kaul challenged the validity of the motion, arguing that two nominated members were disqualified as they held offices of profit and that the phrase "for the time being" in Section 28(11) of the U.P. Kehhetr

KAMALAMMA AND ORS.versusHONBLE CHIEF JUSTICE OF THE HIGH COURT OF KERALA AND ORS.

1995 INSC 13524 February 1995Appeal(s) allowed

The non‑law graduate staff of the Kerala High Court sought redress for grievances, prompting the Chief Justice to amend Rule 16(d) of the Kerala High Court Service Rules, 1970. The amendment limited promotion of non‑law graduates to a maximum of eight posts, subject to age or service length, a capacity test, and a 1:1

SHIV SAGAR TIW ARIversusUNION OF INDIA AND ORS.

1996 INSC 153323 December 1996Disposed off

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the allotments and categorized

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusBALA MUSALAIAH AND ORS.

1994 INSC 54223 November 1994Dismissed

The Government of Andhra Pradesh issued a 1967 Government Order (G.O.) that prescribed an ad‑hoc rule for retrenching temporary employees, giving preference to Scheduled Caste and Scheduled Tribe (SC/ST) candidates over general‑category probationers and approved probationers. The High Court struck down the G.O. as viol

RAM AVTAR SHUKLAversusARVIND SHUKLA

1994 INSC 54323 November 1994Disposed off

The case arose from a dispute over the management of a society‑run school where Ram Autar Shukla (petitioner) claimed to be the duly elected manager and Arvind Shukla (respondent) contested the same. After a series of orders by the Assistant Registrar and the High Court, the Supreme Court stayed the High Court's judgme

S.P. DUBEYversusM.P.S.R.T. CORPN. AND ANR.

1990 INSC 32223 October 1990Appeal(s) allowed

S.P. Dubey joined a private transport company in 1947 where the superannuation age was 60. The company was taken over by the Madhya Pradesh Government on 31 August 1955 with a notification assuring that existing staff would not be adversely affected in their terms of service. When the staff were transferred to the Madh

INDIAN EXPRESS NEWSPAPERS (P) LTD. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1994 INSC 41423 September 1994Case Partly allowed

The Indian Express Newspapers and other newspaper establishments challenged two 1989 government orders that gave effect to the Bachawat Wage Board's recommendations fixing wage scales, grades, house rent and city compensatory allowances under the Working Journalists and Other Newspaper Employees (Conditions of Service)

COMMISSIONER AND SECRETARY TO GOVERNMENT COMMERCIAL TAXES AND RELIGIOUS ENDOWMENTS DEPARTMENT AND ORS.versusSREE MURUGAN FINANCING CORPORATION COIMBATORE AND ORS.

1992 INSC 12223 April 1992Appeal(s) allowed

The Supreme Court examined amendments to the Tamil Nadu Chit Fund Rules, 1964 that raised the registration fee for chit‑fund bye‑laws (Article 1) and introduced a fee for filing audited balance‑sheets (Article 8‑A). The respondents argued that the fees were disproportionately high, lacked a quid‑pro‑quo relationship wi

PUNDLIK KRISHNA JI AND ORS.versusTRIMBAK BHIKAJI PATIL AND ORS.

1992 INSC 12323 April 1992Appeal(s) allowed

The dispute involved about 20 acres of agricultural land owned by Trimbak Bhikaji Patil (respondent) and cultivated by Pundlik Krishna, Keshao Krishna and Zipra Wanchhu (appellants) since 1951, who claimed protected‑lessee status under the Berar Regulation of Agricultural Leases Act, 1951 and the Bombay Tenancy and Agr

MIR FAZEELATH HUSSAIN & ORS.versusSPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, HYDERABAD

1995 INSC 20423 March 1995Reference answered

The appellants challenged the compensation awarded in a land acquisition proceeding that began in 1963, arguing that they were entitled to the enhanced rate of interest introduced by Section 18 of the Land Acquisition (Amendment) Act, 1984. The Collector's award (1968) and the Reference Court's award (1972) were both m

V. BHASKER RAO AND ORS.versusSTATE OF A.P. AND ORS.

1993 INSC 10923 March 1993Dismissed

The petitioners, who were directly recruited as District and Sessions Judges (Second Grade) in 1981, claimed seniority over respondents 4‑16, who had been appointed temporarily in 1978/79 and made substantive in 1983 after promotion from the Subordinate judiciary. The dispute centered on the interpretation of the Andhr

NATIONAL FEDERATION OF BLINDversusUNION PUBLIC SERVICE COMMISSION AND OTHERS

1993 INSC 11023 March 1993Case Partly allowed

The National Federation of Blind filed a writ petition under Article 32 seeking a mandamus directing the Union of India and UPSC to allow blind and partially blind candidates to compete for the Indian Administrative Service and allied services and to write the civil services examination in Braille or with a scribe. The

P.M. BAYASversusUNION OF INDIA AND ORS.

1993 INSC 11123 March 1993Appeal(s) allowed

The petitioners, P.M. Bayas and the State of Maharashtra, challenged the Central Administrative Tribunal’s order quashing their selection to the Indian Administrative Service (IAS) under the special selection provisions of the IAS (Recruitment) Rules, 1954. The core issue was the interpretation of the phrases “in speci

D.N. AGRAWAL AND ANR.versusSTATE OF MADHYA PRADESH AND ORS.

1990 INSC 10823 March 1990Dismissed

The appellants, originally appointed as Overseers and later as Junior Engineers in the Madhya Pradesh Public Works Department, were promoted on an ad hoc basis to Assistant Engineer on July 22, 1971 under the proviso to Rule 19(1) of the 1969 Recruitment Rules because of an administrative exigency. They later qualified

MUNICIPAL CORPORATION OF GREATER BOMBAYversusMAFATLAL INDUSTRIES AND ORS., ETC.

1996 INSC 30323 February 1996Appeal(s) allowed

The Municipal Corporation of Greater Bombay billed Mafatlal Industries for electricity duty on guest houses it maintained for its employees, classifying them under Category C of the 1981 tariff. The company contended that the guest houses should fall under Category R, which is applicable to premises "exclusively used a

GURBACHAN SINGH AND ANR.versusSHIVALAK RUBBER INDUSTRIES AND ORS.

1996 INSC 31023 February 1996Appeal(s) allowed

The landlords (Gurbachan Singh & Anr.) sought eviction of Shivalak Rubber Industries & Ors. under Section 13(2)(iii) of the East Punjab Rent Restriction Act, 1949, alleging that the tenants had made extensive unauthorised alterations—removing roofs, walls, doors, converting shops into sheds, stores and residential unit

BHASKAR GAJANAN KAJREKARversusADMINISTRATOR, DADRA AND NAGAR HAVEL! AND ORS.

1993 INSC 6423 February 1993Appeal(s) allowed

The appellant, B. Gajanan Kajrekar, retired after 23 years of service as Chief of Police in Dadra and Nagar Haveli, but was denied pension on the ground that he had never been substantively appointed to any post. He challenged the denial before the Central Administrative Tribunal, which held that he retired without hol

SARDAR SINGHversusSTATE (DELHI ADMINISTRATION, DELHI)

1993 INSC 6523 February 1993Case Partly allowed

Sardar Singh, his wife Saraswati and his brother's wife Savitri were charged with murder and with concealing evidence under Sections 302/34 and 201/34 of the IPC. The prosecution relied solely on circumstantial evidence: the deceased's illicit relationship with Saraswati and Savitri, the discovery of his body buried in

REGIONAL PROVIDENT FUND COMMISSIONERversusM/S K.T ROLLING MILLS PVT. LTD.

1994 INSC 53422 November 1994Appeal(s) allowed

MIS K. TROLLING MILLS Pvt. Ltd. failed to deposit Employees' Provident Fund contributions for the period July 1968 to October 1977. The Regional Provident Fund Commissioner initiated proceedings in 1985 and, under Section 14‑B of the EPF Act, levied damages of Rs. 52,034.80. The Bombay High Court set aside the order, h

U.P. FINANCIAL CORPORATION AND ORS.versusM/S NAINI OXYGEN AND ACETYLENE GAS LTD. AND ANR.

1994 INSC 53622 November 1994Appeal(s) allowed

The Uttar Pradesh State Financial Corporation (SFC) had sanctioned a Rs 30 lakh term loan to Naini Oxygen and Acetylene Gas Ltd. (the Company). The Company repeatedly defaulted, leading to a recovery certificate under the U.P. Public Moneys (Recovery of Dues) Act and a notice under Section 29 of the U.P. State Financia

INDIAN BANKversusK. NATARAJA PILLAI AND ANR.

1992 INSC 29422 October 1992Appeal(s) allowed

Indian Bank sued K. Nataraja Pillai, his wife and son to recover Rs.1,21,006.98 secured by a promissory note, hypothecation deeds and an equitable mortgage. The defendants denied execution of the note and guarantee agreement, alleging fraud, undue influence and, in the son’s case, minority. The trial court held the not

STATE OF WEST BENGALversusSAILENDRA NATH SEN

1993 INSC 16322 April 1993Appeal(s) allowed

The State of West Bengal challenged the High Court’s view that auction sales of raiyati interests, made in execution of rent decrees under the Bengal Tenancy Act, could be treated as sales under the Code of Civil Procedure and thus be valid. The Assistant Settlement Officer had revised the record of rights, substitutin

BHAGEL SINGHversusSWARAN SINGH AND ORS.

1992 INSC 2522 January 1992Disposed off

The dispute arose over a proposed drain through the fields of the complainant, Baghel Singh, leading to a violent clash between his party and that of Swaran Singh and his brothers. During the altercation, Swaran Singh, armed with a rifle, fired two shots that killed Kandhara Singh and Darbara Singh, while his brothers

BUDHAversusAMILAL

1990 INSC 39721 December 1990Appeal(s) allowed

The appellant, a former biswedar, sought redemption of two agricultural lands that had been mortgaged to the respondent. The lands were mortgaged before the Rajasthan Zamindari and Biswedari Abolition Act, 1959 came into force. The respondent contended that, under the Act, all rights in the lands vested in the State an

SIMHADRI SATYA NARAYANA RAOversusM. BUDDA PRASAD AND ORS.

1990 INSC 40021 December 1990Dismissed

The appellant was declared elected to the Andhra Pradesh Legislative Assembly on 26 November 1989. An election petition challenging his election was filed on 15 January 1990, after the 45‑day limitation under Section 81 of the Representation of the People Act, 1951 had expired on 10 January because the High Court was o

DR. RANBIR SINGHversusASHARFI LAL

1995 INSC 59221 September 1995Appeal(s) allowed

The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and greater hardship to the

STATE OF U.P.versusKAPIL DEO AND ANOTHER

1991 INSC 20321 August 1991Dismissed

The case arose from the murder of a 12‑year‑old domestic help, Vinod Kumar, in 1968. Four persons – Kapil Deo, his wife Sheo Kumari, their son Vidya Sagar and brother Ramapati – were charged under IPC s.302, s.302 read with s.34 and s.201 read with s.34. The trial court convicted Vidya Sagar of murder and the others of

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusB.K. DORESWAMY AND ORS.

1994 INSC 27321 July 1994Appeal(s) allowed

The Karnataka State Road Transport Corporation conducted a 1972 selection for Assistant Stores/Purchase Officers, appointing four candidates in order of merit. Under the Government Instructions dated 6 September 1969, the first vacancy was reserved for a Scheduled Tribe (ST) candidate, followed by Scheduled Caste (SC),

CALCUTTA MUNICIPAL CORPORATION AND ORS.versusEAST INDIA HOTELS LTD. AND ORS.

1994 INSC 27421 July 1994Appeal(s) allowed

East India Hotels Ltd operates three restaurants in its Oberoi Grand hotel in Calcutta, each equipped with dancing floors, music and occasional cabaret shows. The Calcutta Municipal Corporation levied a licence fee under Section 443 of the Calcutta Municipal Act, 1951, treating the restaurants as places of public amuse

UNION OF INDIA AND ORSversusSH. RAJIV YADAV, IAS AND ORS.

1994 INSC 27521 July 1994Appeal(s) allowed

The case concerned an IAS officer, Rajiv Yadav, who was allocated to the Manipur‑Tripura cadre despite his preference for the Union Territories cadre, his home state. He challenged the allocation before the Central Administrative Tribunal, arguing that the reservation of SC/ST candidates for their home states in the ca

DR. L.P. AGARWALversusUNION OF INDIA AND ORS

1992 INSC 17721 July 1992Appeal(s) allowed

Dr. L.P. Agarwal was appointed Director of AIIMS for a five‑year term or until he turned 62, whichever came first, and was confirmed in the post in February 1980. In November 1980 the Institute‑Body retired him immediately in the public interest, paying three months' salary in lieu of notice. He challenged the retireme

STATE OF KARNATAKAversusLAKSHMANAIAH

1992 INSC 17821 July 1992Appeal(s) allowed

Lakshmanaiah was charged with murdering his wife Nagarathnamma and with theft of his mother‑in‑law's property. The prosecution relied on circumstantial evidence showing a motive of money, prior maltreatment of the wife, and that the accused sent the mother‑in‑law, her daughter and a relative out of the house, leaving h

TRUSTEES OF PORT OF MADRASversusM/S. NAGAVEDU LUNGI AND COMPANY AND ORS.

1995 INSC 28721 April 1995Appeal(s) allowed

The Trustees of Port of Madras sued M/s. Nagavedu Lungi and Co., the exporter‑consignor, and other parties for recovery of demurrage and incidental charges arising from textile goods that were illegally detained in the customs area of the Port of Madras by the Collector of Customs. The City Civil Court dismissed the su

S.B. SHAHANE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 28821 April 1995Appeal(s) allowed

The Government of Maharashtra appointed police prosecutors as Assistant Public Prosecutors under a notification issued on 1 April 1974 pursuant to Section 25 of the Code of Criminal Procedure, 1973, but retained them within the police department's administrative and disciplinary hierarchy. The appellants filed a petiti

STATE OF MAHARASHTRAversusABDUL HAMID HAJI MOHAMMED

1994 INSC 8221 February 1994

In 1993 a series of bomb blasts in Bombay led to the arrest of Abdul Hamid Haji Mohammed, during which six Chinese AK‑56 rifles and twelve magazines were recovered. The Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) refused his bail, holding that the allegations attracted TADA pr

N. M. PARTHASARATHYversusSTATE BY S. P. E.

1992 INSC 1821 January 1992Disposed off

N.M. Parthasarathy, a former Inspector of Industries, and another Inspector were charged with criminal conspiracy to obtain a Small Scale Industries Registration Certificate, Essentiality Certificate and import licences by making false representations. The trial court acquitted them, but the Madras High Court, after re

SA. RAMACHANDRANversusS. NEELAVATHY

1996 INSC 152620 December 1996Appeal(s) allowed

The appellant, a tenant, occupied a plot owned by the respondent and raised super‑structures. The respondent filed an eviction suit without first giving the tenant a written notice and observing the three‑month waiting period required under Section 11 of the Tamil Nadu City Tenant's Protection Act, 1921. The trial cour

BISHAN DAYAL AND ORS.versusSTATE OF DELHI (ADMN.)

1991 INSC 34720 December 1991Disposed off

A highway robbery on 20 April 1975 resulted in the death of Naresh Chand after he was stabbed. Five persons were initially charged; the Delhi High Court acquitted one, leaving four accused. The High Court convicted the four under Sections 302/34 IPC (murder with common intention) and 394 IPC (voluntarily causing hurt i

RAJIV K. GARG AND ORS.versusSHANTI BHUSHAN AND OTHERS

1994 INSC 52620 November 1994Dismissed

The petitioners, members of the legal profession, sought suo motu initiation of criminal contempt proceedings against respondents, who were also lawyers and members of a Sub‑Committee on Judicial Accountability, alleging that they made statements disparaging judges and the judicial system. The petition relied on Sectio

LILAWATI H. HIRANANDANIversusUSHA TANDON

1995 INSC 63820 October 1995Dismissed

The original applicant, a tenant of the building's owner, became a member of a co‑operative society that purchased the building and was allotted the flat. She granted a licence to the original respondent over part of the flat, later terminated it and filed an ejectment suit under s.41 of the Presidency Small Causes Cou

SUB-COMMITIEE ON JUDICIAL ACCOUNTABILITYversusJUSTICE V. RAMASWAMY

1994 INSC 47520 October 1994Dismissed

The Sub‑Committee on Judicial Accountability filed a suo motu criminal contempt petition against Justice V. Ramaswamy, alleging that a letter he wrote to the Enquiry Committee under the Judges (Inquiry) Act, 1968 contained sweeping allegations against judges and the judiciary. The petition invoked Section 15 of the Con

AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

1995 INSC 58620 September 1995Appeal(s) allowed

The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, which held that compul

KANTA DEVIversusUNION OF INDIA AND ORS.

1994 INSC 40320 September 1994

The Supreme Court heard two writ petitions on 20 September 1994. In Kanta Devi v. Union of India, a widow of an ex‑serviceman was denied family pension because the Army Instructions No. 51 of 1980 excluded marriages contracted after retirement; the Court held the exclusion to be harsh, heartless and unconstitutional, s

UNION OF INDIAversusS. VIJAYKUMAR AND ORS

1994 INSC 40520 September 1994Appeal(s) allowed

The Supreme Court examined whether civil servants who are residents of the North‑Eastern Region, but appointed to posts with "All India Transfer Liability", are entitled to a special duty allowance. The Central Administrative Tribunal had held they were entitled, relying on an Office Memorandum of 14 December 1983 that

UNION OF INDIA AND ORS.versusSAYED MUZAFFAR MIR

1994 INSC 40620 September 1994Dismissed

The respondent, a railway employee, gave three months' notice on 22 July 1985 to retire voluntarily under Article 1802(b) of the Indian Railway Establishment Code, with the notice period ending on 21 October 1985. While the notice period was pending, he was suspended in a disciplinary proceeding and an order of removal

CENTRAL PROVINCES MANGANESE ORE. CO. LTD.versusI.T.O., NAGPUR

1991 INSC 19720 August 1991Dismissed

The appellant, a non‑resident company exporting manganese ore, was assessed for the assessment year 1953‑54. Customs authorities later found that the company had under‑invoiced its exports, resulting in a finding of under‑invoicing of about Rs 44‑45 lakh. On this basis, the Income‑Tax Officer issued a notice under Sect

STATE OF SIKKIMversusDORJEE TSHERING BHUTIA AND ORS.

1991 INSC 19820 August 1991Appeal(s) allowed

The Sikkim State Civil Service Rules, 1977 provided for recruitment through the Sikkim Public Service Commission, which was not constituted until 1982, rendering the rules inoperative for about five years. In September 1981 the State Government issued a notification for a special recruitment, citing exigencies of servi

THE STATE BANK OF INDIAversusSHRI YUMNAM GOURAMANI SINGH

1993 INSC 24220 July 1993Appeal(s) allowed

The State Bank of India sued Yumnam Gouramani Singh for recovery of a loan amount and the trial court decreed a partial sum of Rs.9,962.91 with interest. The High Court reversed this decision, holding that the bank's books of account were not corroborated by any other evidence and thus could not establish liability und

COLLECTOR OF CENTRAL EXCISEversusM/S FUSEBASE ELTOTO LTD.

1993 INSC 24320 July 1993Appeal(s) allowed

The respondent, M/s Fusebase EltoTo Ltd., manufactured projection television sets consisting of a projection unit and a large screen, sold to institutions for large audiences. It claimed exemption from central excise duty under Notification No.68/86, which exempts broadcast television receiver sets. The revenue authori

STATE OF HARYANAversusS.M. SHARMA AND ORS.

1993 INSC 15720 April 1993Appeal(s) allowed

S.M. Sharma, a Sub‑Divisional Officer of the Haryana State Agricultural Marketing Board, was entrusted with the current duty charge of the post of Executive Engineer on 13 June 1991. On 6 January 1992 the Chief Administrator withdrew this charge and transferred Sharma, who then filed a writ petition under Article 226 c

SMT. VANKA RADHAMANOHARIversusVANKE VENKATA REDDY AND ORS.

1993 INSC 15820 April 1993Amount Awarded

The appellant, a wife, complained that her husband subjected her to cruelty and later contracted a second marriage, invoking Sections 498A and 494 of the Indian Penal Code. The Andhra Pradesh High Court, applying Section 468 of the Criminal Procedure Code (CrPC), quashed the criminal proceedings on the ground that the

DISTRICT COLLECTOR AND CHAIRMAN VIZIANAGARAM (SOCIAL WELFARE RESIDENTIAL SCHOOL SOCIETY) VIZIANAGARAM AND ANR.versusM. TRIPURA SUNDARI DEVI

1990 INSC 14620 April 1990Appeal(s) allowed

The State Government advertised for Grade‑I and Grade‑II teacher posts requiring a second‑class M.A. degree. M. Tripura Sundari Devi, who held only a third‑class M.A., was nevertheless appointed as a Post Graduate Teacher. When her original certificates were examined, the deficiency was discovered and she was denied en

K. RAVINDRANATH PAI AND ANR.versusSTATE OF KARNATAKA AND ANR.

1995 INSC 11920 February 1995Appeal(s) allowed

The appellants, originally recruited as supervisors in the Karnataka Public Works Department in the early 1960s, later obtained engineering degrees and sought to be treated as Junior Engineers (Division‑I) after the 1974 bifurcation of the service. The State had merged the supervisor and junior engineer cadres in 1969,

M.C.MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 151619 December 1996Disposed off

The Supreme Court, hearing a public‑interest writ filed by environmental activist M.C. Mehta, examined the pollution caused by about 550 tanneries in the eastern fringe of Calcutta that were discharging untreated effluent into the River Ganga. The Court found that the tanneries were operating without consent under the

V. BHAGATversusMRS. D. BHAGAT

1993 INSC 37419 November 1993

The husband, a Supreme Court advocate, filed a divorce petition on the ground of adultery, which the wife denied and countered by alleging his mental instability. He later amended the petition to include mental cruelty, relying on the wife's written statements that labeled him a lunatic and on aggressive cross‑examinat

SMT. RENU MULLICKversusUNION OF INDIA AND ANR.

1993 INSC 37519 November 1993

Ms. Renu Mullick joined the Central Excise and Customs as a Lower Division Clerk in 1974, was promoted to Upper Division Clerk, and on her own request transferred to the Allahabad Collectorate in 1987 where she was placed at the bottom of the seniority list as per the 1980 executive instructions. In 1991 she was promot

SAT PAL @ SADHUversusSTATE OF HARYANA AND ANR.

1992 INSC 21019 August 1992Dismissed

Sat Pal alias Sadhu, convicted under Section 302 IPC and sentenced to life imprisonment in 1978, filed a writ petition claiming his continued detention was illegal because he had served more than 14 years (including remission) and thus his sentence should be deemed commuted under Section 55 of the IPC or Section 433(b)

TEJ SINGH RAOversusSTATE OF MAHARASHTRA

1992 INSC 21319 August 1992Dismissed

Tej Singh Rao, a descendant of a Maratha general, held 294.61 acres in the former Nagpur State and claimed that the land was covered by a sovereign grant made by the ruler Raghoji II in 1793, which he argued was a legislative act protected by Article 372 of the Constitution and therefore exempt from the Maharashtra Agr

J.N. GANATRAversusMORVI MUNICIPALITY, MORVI

1996 INSC 75519 July 1996Appeal(s) allowed

J.N. Ganatra, an overseer with Morvi Municipality, was dismissed by a resolution dated 1 December 1970 without the procedure prescribed in Rule 35 of the Morvi City Municipal Officers and Servants Conduct, Discipline, Dismissal, Penalty and Appeal Rules, 1960. He filed a civil suit challenging the dismissal; the trial

STATE OF WEST BENGAL AND ORS. ETC.versusMONLRUJJAMAN MULLICK AND ORS. ETC.

1996 INSC 75619 July 1996Dismissed

Instructors employed on a part‑time basis in non‑formal education centres in West Bengal were paid a modest monthly honorarium and taught for two hours a day. They filed a writ petition seeking the same pay scales and allowances as regular primary school teachers, invoking the constitutional principle of "equal pay for

THE STATE OF MADHYA PRADESH AND ORS.versusM/S. BINDAL AGRO CHEMICAL LTD. AND ANR.

1996 INSC 75719 July 1996Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court order that had allowed M/s. Bindal Agro Chemical Ltd. to claim subsidies under a 1986 state notification. The company had purchased a vanaspati factory originally licensed for Dewas and obtained Central Government permission to shift the licence to Mandideep. Th

HOSHIARPUR IMPROVEMENT TRUSTversusPRESIDENT LAND ACQUISITION TRIBUNAL AND OTHERS.

1990 INSC 14319 April 1990Appeal(s) allowed

The Hoshiarpur Improvement Trust sought higher compensation benefits after the Land Acquisition (Amendment) Act, 1984 amended the Land Acquisition Act, 1894. The Tribunal had originally awarded 15% solatium and 6% interest, but later modified the award to 30% solatium and 12% interest under Sections 23(2) and 23(1‑A).

BANWASI SEVA ASHRAMversusSTATE OF U.P. AND ORS.

1992 INSC 5219 February 1992Disposed off

The Supreme Court, hearing a public‑interest writ filed by Banwasi Seva Ashram on behalf of Adivasi land‑owners displaced by the Rihand Super‑Thermal Power Project of NTPC, reviewed the rehabilitation measures ordered in 1986 and issued a final order in 1992. The Court directed NTPC, in collaboration with the Uttar Pra

K. VENKATA SESHIAHversusKANDURU RAMASUBBAMMA (DEAD) BY LRS.

1991 INSC 5319 February 1991Disposed off

The petition involved a dispute over the property of a deceased adoptive mother between the adoptive son K.V. Seshiah and his two sons, each claiming rights under different wills. The parties executed a compromise on 21 August 1987, whereby Seshiah agreed to pay each son Rs.1 lakh in exchange for relinquishing their in

RA VI PAUL AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 5919 January 1995Dismissed

The petitioners, Short Service Commissioned Officers (SSCOs) appointed as Assistant Commandants in the Border Security Force (BSF) between 1974 and 1978, claimed that their prior Army service should be counted for seniority, relying on Rule 8(b) of the Central Reserve Police Force (CRPF) Rules. The Court examined wheth

D.K. BASUversusSTATE OF WEST BENGAL

1996 INSC 150818 December 1996Disposed off

The Supreme Court entertained a public‑interest writ petition filed after media reports of deaths and torture in police lock‑ups, seeking guidelines for preventing custodial violence and for awarding compensation to victims or their families. The Court held that torture, rape and death in police custody violate Article

PEOPLE'S UNION FOR CIVIL LIBERTIES {PUCL)versusUNION OF INDIA AND ANR.

1996 INSC 150918 December 1996Disposed off

The People's Union for Civil Liberties filed a public‑interest writ petition challenging the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885, which permits telephone interception in cases of public emergency or public safety. The petition argued that telephone tapping infringes the right to pr

KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY

1995 INSC 63318 October 1995Appeal(s) allowed

Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central Administrative Tribunal

WORKMEN OF M/S ROHTAS INDUSTRIESversusROHTAS INDUSTRIES AND ORS.

1995 INSC 63418 October 1995Disposed off

Rohtas Industries, a large multi‑product manufacturer in Bihar, was ordered to be wound up in 1984, leaving about 10,000 workmen unemployed. The workmen filed a writ petition under Article 32 seeking revival of the undertaking, prompting the Supreme Court to direct the Union and State governments to refer the matter to

STATE OF TAMIL NADU AND ORS.versusV.S. BALAKRISHNAN AND ORS. ETC.

1994 INSC 26318 July 1994Appeal(s) allowed

The Tamil Nadu Government transferred employees from the Dairy Development Department to the Dairy Development Corporation on deputation/foreign service, later replacing the corporation with a cooperative federation. The employees challenged GO 1921 (1993), which provided terminal benefits on permanent absorption into

UNION OF INDIA AND ORS.versusANAND KUMAR PANDEY AND ORS.

1994 INSC 26418 July 1994Appeal(s) allowed

The Union of India appealed against a decision of the Central Administrative Tribunal (CAT) that had set aside the railway authorities' order directing 35 candidates who had appeared for a written exam at the Katihar centre to retake the written portion of the selection test. The railway authorities, after an inquiry,

M/S. J.K. BARDOLIA MILLSversusM.L. KHUNGER, DY. COLLECTOR AND ORS.

1994 INSC 26518 July 1994Dismissed

The appellant's factory was raided and 28 packages of synthetic fabrics were seized under Section 110(1) of the Customs Act, 1962 on 29 May 1969. A show‑cause notice required by Section 124(1)(a) was served only on 19 December 1969, exceeding the six‑month period prescribed in Section 110(2). The appellant argued that

STATE OF ORISSAversusMINERALS AND METALS TRADING CORPORATION OF INDIA LTD.

1994 INSC 26618 July 1994Appeal(s) allowed

The State of Orissa appealed against Minerals and Metals Trading Corporation of India Ltd. (MMTC), a government dealer that purchased mineral ore in Orissa, declared the ore for resale within the state, and then sold it to a Japanese buyer by delivering it at Paradeep port for export. The Sales Tax Officer held MMTC li

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTIONversusUNION OF INDIA AND ORS.

1996 INSC 54318 April 1996

The Indian Council for Enviro‑Legal Action filed a public‑interest writ under Article 32 seeking enforcement of the 19 February 1991 Coastal Regulation Zone (CRZ) Notification and challenging the validity of the 18 August 1994 amendment Notification. The petition alleged widespread non‑implementation of the 1991 Notifi

UNION OF INDIA AND ORS.versusSCIENTIFIC WORKERS ASSOCIATION (REGD.) KANPUR AND ORS.

1994 INSC 12318 March 1994Appeal(s) allowed

The Board of Arbitration under the Joint Consultative Machinery (JCM) Scheme awarded a higher pay scale to Senior Scientific Assistants effective 22 September 1982. The Government of India, without invoking the procedure in Clause 21 of the JCM Scheme, decided to implement the award from 1 January 1988, prompting the C

D.S. DALALversusSTATE BANK OF INDIA AND ORS,

1993 INSC 10418 March 1993Dismissed

The State Bank of India complained that D.S. Dalal and his partners, as advocates of Singh & Co., failed to file a recovery suit and misappropriated Rs. 11,475 paid for court fees and fees. The Bar Council of India, after hearing evidence that the suit filed on 15‑12‑1975 was returned by the Delhi High Court with objec

FOOD CORPORATION OF INDIA AND ORS.versusJAGANNATH DUTTA AND ORS.

1993 INSC 10518 March 1993Appeal(s) allowed

The Food Corporation of India (FCI) entered into a storage agency agreement with Jagannath Dutta in 1967, which contained a clause allowing either party to terminate the contract with two months' notice without assigning a reason. In 1985, FCI decided, through a series of meetings and letters, to abolish private storag

K. V. MUTHUversusANGAMUTHU AMMAL

1996 INSC 149417 December 1996Dismissed

The respondent, Angamuthu Ammal, sought eviction of the appellant, K.V. Muthu, under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming personal need for herself and her foster son Arunachala Bakthar. The appellant contested, arguing that a foster son is not a "member of family" as defined in Section

HIMACHAL PRADESH STATE ELECTRICITY BOARDversusSOMDUTT UPPAL AND ANR.

1992 INSC 34817 December 1992Appeal(s) allowed

The case concerned two employees of the Himachal Pradesh State Electricity Board, Shri D.R. Mehta and Shri Uppal, who were promoted to the post of Superintendent after passing the Subordinate Accounts Service (SAS) examination. Mehta passed the exam in October 1972 and was appointed in April 1973, while Uppal passed in

ST. JOSEPH TEXTILESversusUNION OF INDIA AND ANR.

1992 INSC 34917 December 1992Dismissed

St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the goods, but received no r

BRITISH MACHINARY SUPPLIES COMPANYversusUNLON OF INDIA AND ORS.

1992 INSC 35017 December 1992Dismissed

The appellant, a user of steel products, applied to the Steel Authority of India Limited (SAIL) for imported G.P. sheets/coils. After registering a demand and opening letters of credit, SAIL offered supplies at a price that was later increased by Rs. 800 per metric ton following a decision of the Government’s Pricing C

IN RE : HARIJAI SINGH AND ANR.versusIN RE : VIJAY KUMAR

1996 INSC 106217 September 1996Disposed off

The Supreme Court entertained contempt petitions filed against the editors and publishers of The Sunday Tribune and Punjab Kesari for publishing a news item that falsely alleged that the sons of a senior Supreme Court judge and the Chief Justice of India had been allotted petrol pumps from a discretionary quota. The Co

HIS HIGHNESS MAHARAJA PRATAP SINGHversusHER HIGHNESS MAHARANI SAROJINI DEVI AND ORS.

1993 INSC 26817 August 1993Appeal(s) allowed

The Supreme Court examined two disputes concerning properties bought by the former ruler of Nabha, R.S., benami in the names of others. The first involved the Simla property (Sterling Castle) and the second the Delhi property (34 Alipur Road). The Court held that the rule of primogeniture, which applies to the rulershi

NARASHIMAHA MURTHYversusSMT. SUSHEELABAI & ORS.

1996 INSC 53717 April 1996Dismissed

Narasoji Rao died intestate leaving a sole son (the appellant) and five daughters (including the plaintiff). The daughter filed a suit for partition of the family house (Schedule A) and other property, alleging a one‑seventh share, later increased to one‑sixth after the mother’s death. The trial court granted a prelimi

MATHURA PRASADversusAJEEM KHAN

1990 INSC 14017 April 1990Appeal(s) allowed

In the 1985 Madhya Pradesh Legislative Assembly election for Constituency No. 14 Lahar, the Returning Officer rejected the nomination paper of candidate Ramprakash because his name could not be identified on the electoral roll and he was absent to correct the defect. The election was won by Mathura Prasad, whose electi

G. ANNAMALIA PILLAIversusDISTRICT REVENUE OFFICER AND ORS.

1993 INSC 9717 March 1993Dismissed

The father of a minor leased his son's land to G. Annamalai Pillai for five years, a term that extended beyond the minor's attainment of majority, violating Section 8(2)(b) of the Hindu Minority and Guardianship Act, 1956. The minor, upon reaching majority, avoided the lease under Section 8(3), raising the question whe

NARENDRA KUMAR AND ANR. ETC.versusDHARAM DUTT AND ANR. ETC.

1993 INSC 9917 March 1993Disposed off

The Supreme Court examined several writ petitions filed by employees of the New Delhi Municipal Committee (NDMC) seeking the benefit of the Shiv Shankar Committee (SSC) pay‑scales on the ground of equal pay for equal work under Article 39(d) of the Constitution. The petitions concerned various categories – auto‑worksho

THE STATE OF BIHARversusTHE TATA IRON AND STEEL CO. LTD.

1995 INSC 11617 February 1995Appeal(s) allowed

The State of Bihar prosecuted Tata Iron and Steel Co. Ltd. for selling non‑metallurgical coal without a licence under the Bihar Trade Articles (Licence Unification) Order, 1984. Tata argued that, as a colliery governed by the Central Government's Colliery Control Order, 1945, the State Order could not apply to it. The

FOOD CORPORATION OF INDIA STAFF UNIONversusFOOD CORPORATION OF INDIA AND ORS.

1995 INSC 11717 February 1995Disposed off

The Food Corporation of India (FCI) had several registered trade unions and needed to select a sole bargaining agent. Both FCI and the unions agreed to use a secret ballot to determine which union(s) represented the majority of workers. The Supreme Court was asked to prescribe a procedure that would ensure a fair and r

E.K. CHANDRASENAN ETC. ETC.versusSTATE OF KERALA

1995 INSC 4317 January 1995Disposed off

The case involved ten accused who were charged with conspiracy to supply spurious liquor that caused 70 deaths and permanent loss of sight to 24 persons. The High Court convicted five of them under sections 326, 328 and 272 of the IPC and sentenced them to rigorous imprisonment. The appellants filed appeals under Artic

STATE OF WEST BENGAL ETC. ETC.versusASHUTOSH LAHIRI AND ORS.

1994 INSC 52116 November 1994

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious requirement and the

SECRETARY TO THE GOVERNMENT OF ORISSAversusLAXMIKANTE NANDA AND ORS.

1993 INSC 37116 November 1993

The Government of Orissa issued a resolution on 15 December 1986 revising the eligibility criteria for promotion to Deputy Director of Homeopathy, eliminating the requirement of a recognised qualification under the Homeopathy Central Council Act and excluding college lecturers from consideration, limiting eligibility t

DEVA RAM AND ANR.versusISHWAR CHAND AND ANR.

1995 INSC 62716 October 1995

The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court dismissed it as barred by

SAROJINI AND ORS.versusSTATE OF M.P. AND ORS.

1992 INSC 28416 October 1992Dismissed

Vinod Bhalla and his mother-in-law Sarojini were charged with the homicide of Rajini, the wife of Vinod, under sections 302 and 34 of the IPC, alleged to be a dowry death. The trial court convicted them, but the High Court acquitted both of the murder charge, convicting only Sarojini under section 201 for destroying ev

STATE OF U.P. AND ORS.versusVII ADDITIONAL DISTRICT JUDGE AND ORS.

1992 INSC 25216 September 1992Dismissed

The landlord of a building let to the Uttar Pradesh Sales Tax Department applied for a rent enhancement under the U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972. The Rent Control Officer enhanced the rent by assessing the market value of the building, adding the value of the super‑structure

STATE OF MAHARASHTRAversusMANUBHAI PRAGAJI VASHI AND ORS.

1995 INSC 46316 August 1995Dismissed

The Supreme Court upheld a Bombay High Court order directing the State of Maharashtra to extend its grant‑in‑aid and pension‑cum‑gratuity schemes to all recognised private law colleges. The Court held that the State’s refusal to provide these benefits to private law colleges, while extending them to other non‑governmen

STATE OF ORISSA AND ORS.versusSUDHIR KUMAR BISWAL AND ORS.

1994 INSC 32116 August 1994Disposed off

The State of Orissa challenged two provisions of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983. The first was the proviso to Rule 5(1) allowing relaxation of the maximum age limit for certain categories, which the Orissa Administrative Tribunal held gave the Governmen

NAROTTAM DAS BESHTTO/B.P. DOBHALversusUNION OF INDIA AND ORS.

1994 INSC 32216 August 1994Dismissed

Two Lower Division Clerks of the Indo‑Tibetan Border Police Force filed writ petitions under Article 32 seeking to bar the Central Administrative Tribunal (CAT) from hearing their promotion matters, arguing that they are members of the Union's armed forces and thus outside the Tribunal's jurisdiction. The respondents c

FOOD CORPORATION OF INDIA WORKERS UNIONversusFOOD CORPORATION OF INDIA AND ANR.

1996 INSC 74616 July 1996Disposed off

The Food Corporation of India (FCI) had employed 464 handling mazdoors at its Siliguri depot, first through a contractor, then via a direct‑payment system, and later reverted to the contractor method. The workers, represented by their union, claimed that the re‑introduction of the contractor system was illegal and that

UNION OF INDIA AND ORS.versusI.T.C. LIMITED

1993 INSC 24116 July 1993Appeal(s) allowed

I.T.C. Ltd, a cigarette manufacturer, paid excise duty based on the price to secondary wholesale dealers, a mistake of law later corrected by the Supreme Court's Valtas decision. It filed five refund applications; three were allowed, two were rejected as time‑barred, but the Delhi High Court set aside the limitation an

DR. DAMODAR PANDA ETC.versusSTATE OF ORISSA ETC.

1990 INSC 20316 July 1990Disposed off

The Supreme Court examined two writ petitions filed under Article 32 challenging the enforcement of Section 20 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The petitioners sought clarification on whether officers of the state from which migrant labour originates cou

MULLAPUDI VENKATA KRISHNA RAOversusVEDULASURYANARAYANA

1993 INSC 8816 March 1993Appeal(s) allowed

The election of Mullapudi Venkata Krishna Rao to the Andhra Pradesh Legislative Assembly was challenged on the ground that he had used a poster depicting N.T. Rama Rao as Lord Krishna, together with a sloka from the Bhagavad Gita and a derogatory reference to the Congress party, thereby violating Section 123(3) of the

M.P. PRADHANversusUNION OF INDIA & ORS.

1990 INSC 4016 February 1990Appeal(s) allowed

M.P. Pradhan joined the Uttar Pradesh State Government as a paid apprentice on a permanent basis on 1 July 1937 and subsequently held various officiating posts before being appointed to the permanent post of Copyist on 1 August 1941. He retired in February 1976 at the age of 58 and claimed that, under Fundamental Rule

RATILAL B. SONI & ORS.versusSTATE OF GUJARAT & ORS.

1990 INSC 4116 February 1990Dismissed

The appellants, originally Talatis in Gujarat's Revenue Department, were transferred to the Panchayat Service under the Gujarat Panchayats Act, 1961 and later deputed as Circle Inspectors in the State Service. When vacancies arose, they were reverted to their parent Panchayat cadre, and they claimed a right to be absor

SH. BODHISATTWA GAUTAMversusMISS SUBHRA CHAKRABORTY

1995 INSC 90715 December 1995Disposed off

The respondent, Subhra Chakraborty, filed a criminal complaint against Bodhisattwa Gautam under IPC sections 312, 420, 493, 496 and 498‑A alleging false promise of marriage, a secret marriage, sexual relations, and forced abortions. Gautam sought to quash the complaint via a petition under CrPC s.482, which the Gauhati

KARTIK MALHARversusSTATE OF BIHAR

1995 INSC 73515 November 1995Dismissed

Kartik Malhar was convicted of murder under Section 302 IPC and sentenced to life imprisonment based primarily on the testimony of Fulmani, the widow of the deceased, after two other eye‑witnesses turned hostile. The appellant argued that a conviction could not rest on a single, highly interested witness and that the l

MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1995 INSC 73615 November 1995Disposed off

Mrs. Paramjit Kaur filed a habeas corpus petition under Article 32 of the Constitution alleging that her husband, Jaswant Singh Khalra, a human‑rights activist, was abducted by persons in police uniforms in broad daylight in Amritsar. The petition also highlighted serious allegations that the Punjab police had been cre

CENTRAL BOARD OF SECONDARY EDUCATIONversusMS. VINEETA MAHAJAN AND ANR.

1993 INSC 33915 October 1993Appeal(s) allowed

Ms. Vineeta Mahajan appeared for a CBSE Class XII examination and was found by the invigilator in possession of three small pieces of paper in her pencil box. She claimed the papers were not used and that she had arrived late and forgotten to remove them. The CBSE Result Committee, invoking Rule 36.1(iv)(a) of its Exam

MALA SINGHversusTHE FINANCIAL COMMISSIONER AND OTHERS

1993 INSC 34115 October 1993

Mala Singh, a long‑time tenant, occupied land owned by Kishan Dutt, a big land‑owner under the Punjab Security of Land Tenures Act, 1953. The land was declared surplus and later reserved as the tenant's permissible area, after which Kishan Dutt died and his heirs claimed to be small land‑owners. Mala Singh filed an app

M.B. JOSHI AND ORS. ETC. ETC.versusSATISH KUMAR PANDEY AND ORS. ETC. ETC.

1992 INSC 28115 October 1992Appeal(s) allowed

The case concerned Sub‑Engineers in the Madhya Pradesh Public Health Engineering Department, some of whom were diploma‑holders who later obtained a degree in engineering. Under the Service Rules, diploma‑holders required 12 years of service for promotion to Assistant Engineer, whereas those who obtained a degree during

BALWANT SINGH AND ORS.versusGURBACHAN SINGH AND ORS.

1992 INSC 28215 October 1992Appeal(s) allowed

In execution of a pre-emption decree, the respondent was given actual possession of 135 kanals and symbolic possession of an additional 62 kanals 13 marlas, which was beyond the decree's terms. The appellants' father filed a declaratory suit in 1965, which was decided in his favour and affirmed in 1969, but no injuncti

MULLAGIRI VAIRAM AND ORS.versusSTATE OF ANDHRA PRADESH

1992 INSC 28315 October 1992Disposed off

The case concerned the murder of the village Sarpanch, Nethala Veeraswamy, for which twelve persons were charged. The trial court convicted all under Section 302 read with Section 149 of the IPC, but the Andhra Pradesh High Court set aside the convictions of seven accused and upheld the convictions of five (A-1, A-2, A

PARSINNI (DEAD) BY L.RS. AND ORS.versusSUKHI AND ORS.

1993 INSC 29715 September 1993Appeal(s) allowed

Wazira Singh died leaving three sons and two minor daughters. The daughters were given possession of 53 kanals 12 marlas of land until their marriage or death, and they remained in possession for over thirty years after marrying, while the sons never asserted any claim. The sons filed a suit in 1963 seeking declaration

JATTU RAMversusHAKAM SINGH AND ORS.

1993 INSC 29815 September 1993Appeal(s) allowed

Jattu Ram exchanged his land with Hakam Singh, who later lost the exchanged land due to a defect in title and a court decree in favor of the minors of Kartar Kaur. To compensate, Hakam Singh gave Ram 47 kanals 1 marla of land and promised further compensation. Ram sued for a declaration that he held the land as a resul

SEWARAMversusSOBARAN SINGH

1992 INSC 24615 September 1992Dismissed

Sewaram was elected to the Madhya Pradesh Legislative Assembly from Morena, but his opponent Sobaran Singh challenged the election alleging that Sewaram held contracts with the state government at the time of filing his nomination, which would disqualify him under Section 9‑A of the Representation of the People Act, 19

HARPAL SINGH CHAUHAN AND ORS. ETC.versusSTATE OF U.P.

1993 INSC 21715 June 1993Case Partly allowed

Several lawyers were appointed as Assistant District Government Counsel (Criminal) under Section 24 of the Criminal Procedure Code and the Legal Remembrancer Manual. As their terms were about to expire, the District Judge prepared a List ‘A’ recommending their extension, but the District Magistrate rejected the recomme

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