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Supreme Court of India

M JAGANNADHA RAO

117 judgments delivered by benches including this judge.

M/S. ECONOMIC TRANSPORT ORGANISATION ETC.versusDHARWAD DISTT. KHADI GRAMUDYOG SANGH ETC.

2000 INSC 18131 March 2000Dismissed

The petitioner, a common carrier governed by the Carriers Act, 1865, filed a petition before the National Consumer Disputes Redressal Commission alleging loss due to the carrier's negligence. The issue was whether Section 9 of the Carriers Act, which places the burden on the carrier to prove absence of negligence, appl

BHAGIRATHI JENAversusBOARD OF DIRECTORS, O.S.F.C. AND ORS.

1999 INSC 14931 March 1999Appeal(s) allowed

The appellant, a long‑serving employee of the Orissa State Financial Corporation, was suspended in 1992 and a disciplinary enquiry was started under Regulation 44 of the Corporation’s Staff Regulations. The enquiry was not completed before his superannuation on 30 June 1995, yet the Corporation continued the proceeding

STATE OF PUNJABversusV.K. KHANNA AND ORS.

2000 INSC 55930 November 2000Dismissed

The former Chief Secretary of Punjab, V.K. Khanna, referred two cases to the CBI with the then Chief Minister’s approval; after a change of government the new administration withdrew the referrals and issued a charge‑sheet alleging malafide intent, bias and procedural violations. Khanna challenged the charge‑sheet befo

TATA IRON AND STEEL CO. LTD.versusUNION OF INDIA AND ORS.

2000 INSC 56030 November 2000Dismissed

Tata Iron and Steel Co. Ltd. (the appellant) exported engineering goods using its own steel, which was not procured at the Joint Plant Committee (JPC) price that includes several levies. The Engineering Export Promotion Council (EEPC) later held that the appellant was not entitled to the International Price Reimburseme

HA MALBARI (DEAD) BY LRS.versusNASIRUDDIN PIRMOHMAD AND ORS.

1997 INSC 68230 September 1997Dismissed

The petitioners, legal heirs of a deceased licensee, challenged the continuation of summary ejectment proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, after the licensee's death. They argued that the cause of action was personal and should abate with the licensee's demise, relying on earlier

UNION OF INDIA AND ORS.versusSHRI CHETAN S. NAIK ETC.

1999 INSC 29730 July 1999Dismissed

The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such promotion must be by seni

M/S HANIL ERA TEXTILES LTD.versusORIENTAL INSURANCE CO. LTD. AND ORS.

2000 INSC 55229 November 2000Appeal(s) allowed

The appellant, Mis Hani Lera Textiles Ltd., held fire insurance policies with Oriental Insurance Co. for its mill premises, including a blow‑room that was inspected and charged a higher premium in November 1994. A fire in December 1994 destroyed most of the mill but not the blow‑room. After the loss, the insurer deduct

R.D. UPADHYAYversusSTATE OF ANDHRA PRADESH AND ORS.

2000 INSC 55029 November 2000Directions issued

The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 to 1995, violating t

ISHWAR DASS JAIN (DEAD) THROUGH L.RS.versusSOHAN LAL (DEAD) BY L.RS.

1999 INSC 53329 November 1999Appeal(s) allowed

The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first appellate court dismiss

FEDERAL BANK LTD.versusV.M. JOG ENGINEERING LTD. AND ORS.

2000 INSC 47229 September 2000Appeal(s) allowed

The buyer entered into a contract for steel bars and opened a Letter of Credit (LC) with the Issuing Bank. The seller presented documents, including forged delivery challans, to the Negotiating Bank (Federal Bank), which, after obtaining certification from the Issuing Bank that the documents appeared to comply with the

BADRI NATHversusGOVERNMENT OF TAMIL NADU AND ORS.

2000 INSC 47329 September 2000Appeal(s) allowed

Badrinath, an IAS officer, was denied promotion to the super‑time scale on the ground of pending disciplinary cases and adverse confidential report remarks. He challenged the State and Central Governments' orders, arguing that the Governor’s order during President's rule had dropped the disciplinary cases, rendering th

SUDERSHAN DEVI AND ANR.versusSUSHILA DEVI AND ANR.

1999 INSC 44829 September 1999Dismissed

The landlord Sushila Devi filed an eviction suit under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that the tenant had defaulted in rent for 33 months. The summons fixed the first hearing for 22‑Feb‑1990, but the tenant, who died in 1991, deposited t

ARUMUGHAM (DEAD) BY LRS. AND ORS.versusSUNDARAMBAL AND ANR.

1999 INSC 21329 April 1999Appeal(s) allowed

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first appellate court reverse

SHIROMANI GURUDWARAPRABANDHAK COMMITTEE, AMRITSARversusSHRI SOM NATH DASS AND ORS

2000 INSC 16629 March 2000Appeal(s) allowed

The case concerned a piece of land and a building that had been gifted in 1920 as a charitable endowment for a Sikh gurdwara and recorded in the revenue records in the name of "Guru Granth Sahib" in 1928. The respondents, who were the descendants of the original trustees, later claimed that the mutation was void becaus

BHANU CONSTRUCTION CO. PVT. LTD.versusANDHRA BANK, HYDERABAD AND ORS.

2000 INSC 54728 November 2000Disposed off

Bhanu Construction Co. Pvt. Ltd. entered into contracts with NTPC and later sought arbitration for a claim of Rs. 23 crore. The banks filed a suit in the Hyderabad Civil Court for recovery of Rs. 19 crore and obtained an interim order on 20 September 1994 directing NTPC not to pay the company. The company challenged th

L. MUTHUKUMAR AND ANR. ETC.versusTHE STATE OF TAMIL NADU AND ORS.

2000 INSC 46728 September 2000Dismissed

The petitioners had undergone teacher‑training courses in institutes that were recognised at the time of their public examinations in 1992, but the institutes were later de‑recognised. They sought a writ of mandamus directing the State to publish their results and issue mark sheets or diplomas. The High Court had held

ALIGARH MUSLIM UNIVERSITY AND ORS.versusMANSOOR ALI KHAN ETC.

2000 INSC 41628 August 2000Appeal(s) allowed

The Supreme Court examined two civil appeals filed by Aligarh Muslim University challenging High Court judgments that had quashed termination orders against laboratory assistants who had taken extraordinary leave for foreign employment. The employees had been granted two years of leave, sought extensions, were warned t

SPECIAL OFFICER AND COMPETENT AUTHORITY U.L.C. AND ANR.versusP.S. RAO

2000 INSC 41828 August 2000Disposed off

The Supreme Court was asked to clarify whether a landowner whose land had been vested under the Urban Land Ceiling and Regulation Act, 1976, but whose possession had not yet been taken, could obtain exemption under Section 20 (or Section 10) of the Act via a Government Order dated 31‑10‑1988. The High Court Division Be

SANJAY KUMARversusTHE STATE OF BIHAR AND ORS.

2000 INSC 41928 August 2000Dismissed

The petitioner, a 10‑year‑old son of a deceased Excise Constable, applied for a compassionate appointment in 1988 and again in 1996, but both applications were rejected as time‑barred. The High Court dismissed his writ petition and the Division Bench affirmed the dismissal. The petitioner argued that the delay was due

KAMAL PUSHP ENTERPRISESversusD.R. CONSTRUCTION COMPANY

2000 INSC 36228 July 2000Dismissed

Kamal Pushp Enterprises (appellant) had a contract with Gas Authority of India Ltd. and subcontracted the work to D.R. Construction Company (respondent), an unregistered partnership under the Partnership Act, 1932. A dispute led to arbitration under the Arbitration Act, 1940, and the arbitrator awarded in favour of the

SURAJ PARKASH GUPTA AND OTHERSversusSTATE OF J & K AND OTHERS

2000 INSC 26828 April 2000Disposed off

The case concerned the regularisation of a large number of Assistant Engineers and Assistant Executive Engineers in the Electrical Wing of Jammu & Kashmir who had been appointed on an ad‑hoc basis for periods exceeding six months without consulting the Jammu & Kashmir Public Service Commission (PSC). The State Governme

UNION OF INDIA AND ORS.versusK.B. RAJORIA

2000 INSC 15928 March 2000Appeal(s) allowed

The case concerned the eligibility for promotion to the post of Director General (Works) in the Central Public Works Department. Appellant No.4 (Krishnamoorti) had been granted a notional promotion to Additional Director General (Works) effective 22 February 1995, and was therefore considered for promotion to Director

HALDIRAM BHUJIAWALA AND ANR.versusANAND KUMAR DEEPAK KUMAR AND ANR

2000 INSC 10928 February 2000Dismissed

The plaintiffs, an unregistered partnership firm, sued the defendants for permanent injunction and damages alleging infringement of their registered trademark. The defendants moved to dismiss the suit under Order 7 Rule 11, arguing that Section 69(2) of the Partnership Act, 1932 barred any action by an unregistered fir

CHAIRMAN, J AND K STATE BOARD OF EDUCATIONversusFEYAZ AHMED MALIK AND ORS.

2000 INSC 3328 January 2000Appeal(s) allowed

The Jammu & Kashmir State Board of School Education amended its regulations to give the Chairman authority to cancel examinations in cases of mass copying, and subsequently cancelled the May‑June 1993 Higher Secondary examinations. Aggrieved candidates challenged the cancellation and the amendments before the Jammu & K

PARENTS ASSOCIATION AND ANR.versusUNION OF INDIA AND ORS.

2000 INSC 3228 January 2000Dismissed

The Supreme Court examined the Central Government's revised quota system for higher‑education and public‑employment seats in the Andaman and Nicobar Islands, which reduced the 10‑year‑education locals' reservation from 35% to 20% and restored a 50% reservation for pre‑ and post‑1942 settlers. The petitioners argued tha

MOOLCHANDversusKEDAR (DECEASED) BY LRS. AND ORS.

2000 INSC 3528 January 2000Dismissed

The appellant's wife, Smt. Kaushalya Devi, inherited a two-fifths share in two khatas from her father in 1944 and became a co‑bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950. She died in 1953, before the Hindu Succession Act, 1956 came into force. The appellant claimed the share as his entitlemen

GRAM PANCHAYAT OF VILLAGE NAULAKHAversusUJAGAR SINGH AND ORS.

2000 INSC 46527 September 2000Appeal(s) allowed

The Gram Panchayat of Village Naulakha filed an application under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 seeking to set aside an earlier injunction decree obtained by the respondents in 1975, alleging that the decree was the result of collusion between the respondents and the then Sarpanch.

M.V.JAVALversusMAHAJAN BOREWALL AND CO. AND ORS.

1997 INSC 67626 September 1997Appeal(s) allowed

The Assistant Commissioner of Income Tax alleged that a partnership firm, Mahajan Borewell & Co., and its three partners had failed to deduct tax at source, violating Section 276‑B of the Income Tax Act, 1961. The Special Court discharged the respondents on procedural grounds, and the High Court upheld the discharge, h

STATE OF TAMIL NADU AND ANR.versusBOARD OF TRUSTEE OF THE PORT OF MADRAS

1999 INSC 13526 March 1999Dismissed

The Supreme Court examined whether the Madras Port Trust, a statutory body under the Major Port Trusts Act, 1963, should be treated as a "dealer" under the Tamil Nadu General Sales Tax Act, 1959 and thus liable to sales tax on sales of unclaimed and unserviceable goods. The State of Tamil Nadu and the Commercial Tax Of

KANCHERLA MADHUSUDHANA RAOversusSTATE OF ANDHRA PRADESH

2000 INSC 35124 July 2000Dismissed

The petitioner, a major son, owned agricultural land exceeding the ceiling limit under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, while his mother’s family unit held land below the ceiling. He claimed that his excess could be set off against his mother’s deficiency pursuant to Section 4A of the

SHRI GOKUL MAHTOversusTHE STATE BANK OF BIHAR AND ORS.

1999 INSC 8224 February 1999Dismissed

The appellant, a neighbour of a parcel of land, claimed a right of pre-emption under sub‑clause (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after the land was gifted by his brother (the third respondent) to his sister (the fifth respondent) on 11 May

SAJJADANASHIN SAYED MD. B.E. EDR. (D) BY LRS.versusMUSA DADABHAI UMMER AND ORS.

2000 INSC 9523 February 2000Dismissed

The Supreme Court examined whether earlier judgments concerning the status of three wakf rozas could bar a fresh proceeding under the Bombay Public Trusts Act, 1950. It clarified that a prior decision is res judicata only when the issue was "directly and substantially" in dispute, not merely "collaterally or incidental

WALI MOHAMMED KHAN (DEAD) BY LRS.versusRAHMAT BEE AND ORS.

1999 INSC 8023 February 1999Appeal(s) allowed

The appellant, Wali Mohammed Khan (by legal representatives), claimed possession of a house built in a graveyard that was originally permitted for conducting Fateha and providing tobacco to Fakirs. The permission created a public Wakf, making the house an accretion to the Wakf property and placing the appellant and his

HAR KIRAN COMMARversusDELHI ADMN. AND ORS.

2000 INSC 53721 November 2000Dismissed

Mrs. Har Kiran Commar filed a review petition under Section 48 of the Land Acquisition Act, 1894, seeking de‑acquisition of land on the ground that the acquisition proceedings against her were quashed, similar to the relief granted to her brother, Gurdip Singh Uban. The Court examined a letter dated 6‑Feb‑1996 issued t

THE STATE OF HARYANA AND ANR.versusKAMAL SINGH SAHARWAT AND ORS. ETC.

1999 INSC 43221 September 1999Disposed off

The petitioners, teachers in Haryana, claimed that acquiring post‑graduate qualifications entitled them to the higher pay scales of lecturers without being appointed as lecturers, relying on Government circulars of 1957 and 1968. The High Court, agreeing that the matter was covered by the Full Bench decision in Bhagwan

SUKHDEV SINGH GILLversusSTATE OF PUNJAB AND ORS.

2000 INSC 49519 October 2000Dismissed

Sukhdev Singh Gill, a former Superintendent in the General Reserve Engineer Force (GREF), sought to have his service counted as "military service" for seniority purposes under the Punjab Government National Emergency (Concession) Rules, 1965. The High Court rejected his claim and dismissed his writ petition, leading to

SH. S.R. MURTHYversusTHE STATE OF KARNATAKA AND ORS.

1999 INSC 34219 August 1999Appeal(s) allowed

The appellant, a senior general‑category employee, was passed over for promotion to the single post of Head of Section (Ceramics) in a government polytechnic, where a junior Scheduled Caste employee was appointed on the basis of a reservation roster. The Karnataka Administrative Tribunal upheld the appointment, holding

SHRI PANCH NAGAR PARAKH MANDSAURversusPURUSHOTTAM DAS

1999 INSC 33918 August 1999Appeal(s) allowed

The Supreme Court examined a suit filed in 1968 for redemption of a mortgage executed in 1934 over agricultural land in Mandsaur. The Court held that the suit was time‑barred under Section 275 of the Qanoon Ryotwari Gwalior State Act, which provides a three‑year limitation for redemption suits. It further observed that

SARDUL SINGHversusPRITAM SINGH AND ORS.

1999 INSC 12018 March 1999Disposed off

The Delhi Bar Council suspended advocate Pritam Singh for three years in 1984. He continued to practice during the suspension, using the alias "P.S. Madan", and had concealed a prior conviction under the Narcotic Drugs Act at the time of his enrolment. The complainant, Sardul Singh, filed a complaint leading the Delhi

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTLON CO. (P) LTD. AND ORS.

1999 INSC 57417 December 1999Disposed off

The Delhi Development Authority (DDA) sold a plot to Skipper Construction Co., which defaulted on payments and subsequently sold space in the proposed building to far more buyers than the available units, many of whom paid large sums. DDA re‑entered the plot, sold it to a third party, and was ordered in 1996 to reimbur

STATE OF UTTAR PRADESHversusSTATE OF NAGALAND AND ORS.

1997 INSC 82517 December 1997Disposed off

The State of Uttar Pradesh filed a Special Leave Petition against an interim order passed by the Gauhati High Court in C.R. No. 4986 of 1997, seeking relief against the State of Nagaland and others. Both parties presented extensive arguments before a two‑Judge Bench of the Supreme Court. The Court noted that the writ p

B.S. SHARMAversusSTATE OF HARYANA AND ANR.

2000 INSC 53317 November 2000Dismissed

The petitioner, a judicial officer of the Haryana Judicial Service, was transferred by the High Court in 1997 to serve as Presiding Officer of an Industrial Tribunal‑cum‑Labour Court. He argued that, under Section 7‑C of the Industrial Disputes Act, 1947, he could remain in that post until the age of 67, even though th

MAKINENI VENKATA SUJATHAversusLAND REFORMS TRIBUNAL AND ANR.

2000 INSC 48417 October 2000Dismissed

The petitioner, a daughter of a landholder who filed a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, was a minor on the reference date of 1 January 1975 and was part of her father's family unit. Excess land in the father's holdings was identified and he was required to

NATIONAL FERTILIZERSversusPURAN CHAND NANGIA

2000 INSC 48517 October 2000Dismissed

National Fertilizers Ltd. awarded a works contract to Puran Chand Nangia for 48% of a Rs. 3.39 crore project. The contract contained a clause that quoted rates would remain firm for variations up to ±25% of the contract price, beyond which market rates could apply. After the work was varied both upwards and downwards,

D. SRINIVASANversusTHE COMMISSIONER AND ORS.

2000 INSC 8717 February 2000Dismissed

The case concerned the status of trustees of the Sri Kothandaramaswami temple after successive statutory reforms. The founder in 1915 appointed his brother‑in‑law as successor, who later created a board of five trustees by will in 1941. After the 1951 Tamil Nadu Hindu Religious and Charitable Endowments Act repealed th

LAL CHAND AND ANR.versusDISTRICT JUDGE AGRA AND ORS.

1999 INSC 41916 September 1999Dismissed

The landlord filed an eviction suit in 1976 after a shop was reconstructed in 1970. The tenant, Gian Chand, claimed he remained a statutory tenant under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, and argued that the exemption period of ten years under the U.P. Urban Buildings (Regulation o

RAO SOMASHEKARA AND ORS.versusSTATE OF KARNATAKA AND ANR.

1997 INSC 65716 September 1997Dismissed

The petitioners, secondary school teachers in Karnataka who were originally allotted from the former State of Hyderabad, claimed that the pay‑scale disparity persisting from 1 January 1957 to 31 December 1969 violated Article 14 of the Constitution. The State had, based on the Justice Tukol Commission report, equalised

SHRI GAJANAN L. PERNEKARversusSTATE OF GOA AND ANR.

1999 INSC 33216 August 1999Appeal(s) allowed

The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed a writ petition see

STATE OF HARYANAversusS.K. SINGHAL

1999 INSC 19116 April 1999Dismissed

The respondent, a medical officer, gave a three‑month notice of voluntary retirement on 16 August 1995 after completing twenty years of qualifying service under Rule 5.32(B) of the Punjab Civil Service Rules. The State of Haryana sought to compel him to resume duty, arguing that his absence during the notice period jus

MGMT OF THANJAVUR TEXTILES LTD.versusB. PURUSHOTHAM AND ORS.

1999 INSC 11016 March 1999Appeal(s) allowed

The appellant Management of Thanjavur Textiles Ltd. dismissed three employees after a domestic enquiry in which the manager appointed an advocate as the enquiry officer. The advocate recorded evidence and also gave findings on the misconduct, leading to the dismissal orders. The workmen challenged the dismissal before

HINDU PUBLIC AND ANR.versusRAJDHANI PUJA SAMITHEE AND ORS.

1999 INSC 6316 February 1999Case Partly allowed

The Hindu public sued Rajdhani Puja Samithi, a society registered under the Societies Registration Act, 1860, alleging that the temples, mandap, library, shops and other structures on a 90‑year government lease constitute a public religious endowment. The Society argued that it was a secular body, that a society could

UNION OF INDIA AND ANR.versusR. SARANGAPANI AND ORS. ETC. ETC.

2000 INSC 14815 March 2000Disposed off

The case concerned whether technicians appointed before 1 January 1986 were entitled to have their training period counted for salary increments under Government O.M.s dated 22 Oct 1990 and 31 Mar 1992. Different benches of the Central Administrative Tribunal (CAT) had given conflicting rulings, with the Bangalore, Jab

S.K. PATTANAIK (DEAD) THROUGH LRS.versusSTATE OF ORISSA AND ORS.

1999 INSC 55714 December 1999Dismissed

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant contested on the ground t

M/S. CRANEX LTD. AND ANR.versusM/S. NAGARJUNA FINANCE LTD. AND ANR.

2000 INSC 44814 September 2000Disposed off

The case involved a conviction under Section 138 of the Negotiable Instruments Act, where the appellants were sentenced to six months' rigorous imprisonment and a fine of Rs.10,000 each. While the criminal appeal was pending, the parties settled the monetary dispute and the appellants deposited Rs.5,96,688 with the mag

SHRI RAVINDER KUMAR SHARMAversusTHE STATE OF ASSAM AND ORS.

1999 INSC 39814 September 1999Dismissed

R.K. Sharma sued the State of Assam and two police officers for malicious prosecution, seeking pecuniary damages for rice and paddy seized and non‑pecuniary damages for pain and reputation. The trial court dismissed the suit; the Gauhati High Court allowed pecuniary damages but denied non‑pecuniary damages, finding no

BABA CHARAN DASS UDHASIversusMAHANT BASANT DAS BABAJI CHELA BABA LAXMANDAS UDASI SADHU

2000 INSC 33614 July 2000Dismissed

The dispute concerned the appointment of the Madathipathi (head) of the Shiva Kanchi Udasi Math, Kanchipuram. The Math was founded by a society registered under the Societies Registration Act, 1860, and its deed stipulated that succession should follow the Sishya Parampara (guru‑to‑disciple). After the death of the las

INDIRA SAWHNEYversusUNION OF INDIA AND ORS.

1999 INSC 55313 December 1999Disposed off

The Supreme Court examined the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995, which sought to continue reservation for backward classes without excluding the "creamy layer" and claimed that no socially advanced sections existed in the state. The Court hel

RAGHUNATH G. PANHALE (DEAD) BY LRS.versusM/S. CHAGANLAL SUNDARJI AND CO.

1999 INSC 47613 October 1999Appeal(s) allowed

The original landlord filed an eviction suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, claiming a bonafide and reasonable requirement for the premises. After his death, his heirs amended the plaint to assert their own requirement of starting a grocery business due to a lock‑out at his f

MAHARISHI DAYANAND UNIVERSITYversusM.L.R. SARASWATHI COLLEGE OF EDUCATION

2000 INSC 44513 September 2000Appeal(s) allowed

Maharishi Dayanand University appealed against a Punjab & Haryana High Court order that had permitted M.L.R. Saraswati College of Education to admit 80 additional B.Ed. students on the basis of eight adhoc lecturers appointed by the college. The Supreme Court held that the college’s selection of adhoc lecturers violate

CHANDIGARH HOUSING BOARD AND ANR.versusNARINDER KAUR MAKOL

2000 INSC 33513 July 2000Appeal(s) allowed

The Chandigarh Housing Board allotted a commercial plot to the husband of Narinder Kaur Makol, who, with permission, constructed residential flats on the upper floors. Makol later applied for a residential plot, filing an affidavit stating that neither she nor her husband owned any residential house or plot, and was al

S. PRAKASH AND ANR.versusK.M. KURIAN AND ORS.

1999 INSC 25213 May 1999Appeal(s) allowed

The petitioners, selected by the Kerala Public Service Commission and placed on a select list in 1995, claimed that they should be appointed to Sales Tax Officer vacancies under the Special Rules, which required 20% of successive substantive vacancies to be filled by direct recruitment. The State had amended the Genera

STATE OF KERALA AND ORS.versusANTONY FERNANDEZ AND ANR.

1998 INSC 8812 February 1998Appeal(s) allowed

The State of Kerala sought to acquire land under the Land Acquisition Act, 1894. The Kerala High Court quashed the Section 6 notification on two grounds: that it was issued more than one year after the Section 4 notification, and that no Section 5A enquiry had been held before the notification. The State argued that th

VISHWESHWARAIAH IRON AND STEEL LTD.versusABDUL GANI AND ORS.

1997 INSC 72511 November 1997Directions issued

The case involved the termination of an employee by Vishweshwaraiah Iron and Steel Ltd. without conducting a domestic enquiry. The employee challenged the termination before the labour court, which upheld the termination based on evidence later led before the Court of Reference under Section 10 of the Industrial Disput

GURDEV SINGH AND ORS.versusMEHNGA RAM AND ANR.

[1997] SUPP. 2 S.C.R. 69311 July 1997Appeal(s) allowed

The appellants filed an appeal before the Additional District Judge, Ferozepur, seeking to admit additional evidence under Order XLI Rule 27(b) of the CPC, specifically the examination of a handwriting expert. The Additional District Judge ordered that such evidence be produced. The respondents obtained a revision orde

RAM JANKIJEE DEITIES AND ORS.versusSTATE OF BIHAR AND ORS.

1999 INSC 23711 May 1999Appeal(s) allowed

The case concerned two Hindu deities, Ram Jankijee and Thakur Raja (also called Raja Rani), each of which had been the beneficiary of a separate deed of dedication of 81.14 acres of land, registered and placed in possession through shebaits. Under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surp

OLYMPUS SUPERSTRUCTURES PVT. LTD.versusMEENA VIJAY KHETAN AND ORS.

1999 INSC 24011 May 1999Dismissed

Olympus Superstructures Pvt. Ltd. entered into three main sale agreements for flats and three separate interior design agreements, each containing arbitration clauses. Disputes arose over payment, construction progress and interior work, and a sole arbitrator was appointed under the main agreements. The arbitrator gran

JAYA GOKUL EDUCATIONAL TRUSTversusTHE COMMISSIONER AND SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, KERALA STATE AND ANR.

2000 INSC 21411 April 2000Directions issued

The Jaya Gokul Educational Trust applied to the All India Council for Technical Education (AICTE) and Mahatma Gandhi University for permission to establish a self‑financing engineering college. AICTE granted conditional approval after inspections and consultations, and the university listed the college for affiliation.

KAPUS EKADHIKAR KARMACHARI SANGHversusSTATE OF MAHARASHTRA AND ANR

2000 INSC 21011 April 2000Dismissed

The Kapus Ekadhikar Karmachari Sangh filed a writ petition seeking to quash an award passed by the Industrial Court under the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971. The Bombay High Court dismissed the petition, relying on the Supreme Court’s decision in Maharashtra State Co‑operative

RASIK AUTO STORES AND ORS.versusNAVIN V. HANTODKAR AND ANR.

1998 INSC 42010 November 1998Dismissed

The petitioners, tenants of a commercial premises, challenged the landlord's suit for possession under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order, 1949, arguing that the landlord already owned other premises in the same building, which should bar his claim of bonafide requirement. The Supreme Court examine

UNION OF INDIA AND ORS.versusTATA ENGINEERING AND LOCOMOTIVE CO., LTD. ETC.

1997 INSC 72310 November 1997Appeal(s) allowed

The Union of India appealed against a Patna High Court order that directed the Assistant Collector of Central Excise to pass final orders on price lists submitted by Tata Engineering & Locomotive Co. (TELCO) and to treat the factory‑gate price as the normal price for valuation, while deeming the regional sales‑office p

ALLAHABAD BANK, CALCUTTAversusRADHA KRISHNA MAITY AND ORS.

1999 INSC 38910 September 1999Appeal(s) allowed

Allahabad Bank filed a suit under the Recovery of Debts due to Banks and Financial Institutions Act, 1993, seeking recovery of Rs 46.54 lakhs from three respondents and applied for a temporary injunction restraining them from drawing money from Mis. Braitewaite & Co. The respondents refused to accept notice of the inte

STATE OF UTTAR PRADESH AND ANR.versusM/S. UNIVERSAL EXPORTERS AND ANR.

1997 INSC 64810 September 1997Dismissed

The assessee, M/s Universal Exporters, applied for blank Form III‑A under Rule 12A(5) of the Uttar Pradesh Sales Tax Rules to rebut the presumption of sale to a consumer under Section 3‑AAA of the Uttar Pradesh Sales Tax Act. The Sales Tax Officer rejected the application, holding that the transactions were exports of

ALLAHABAD BANKversusCANARA BANK AND ANR.

2000 INSC 20710 April 2000Appeal(s) allowed

Allahabad Bank obtained a decree against M.S.Shoes (East) Co. Ltd. before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and the Recovery Officer sold the company's assets. Canara Bank, whose claim was pending before the same DRT, sought to be impleaded i

N.C. DASversusM.A. MOHSIN AND ANR.

1997 INSC 6459 September 1997Dismissed

The petitioner filed a Special Leave Petition before the Supreme Court seeking to compel the Patna High Court to initiate contempt proceedings against the respondents for alleged non‑compliance with a prior order. The High Court held that the order had been complied with, declined to entertain the contempt application

SMT. SHANTI DEVI .versusSTATE OF U.P. AND ORS.

1997 INSC 6469 September 1997Disposed off

Shanti Devi mortgaged her agricultural land and, upon default, the land was sold at a revenue auction. The purchaser submitted an affidavit that his total holding would remain below the 12.50‑acre ceiling prescribed by Section 154(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, but the appellant argued t

SARABJIT SINGHversusEX. MAJOR B.D. GUPTA AND ORS.

2000 INSC 3919 August 2000Appeal(s) allowed

The appellant, Sarabjit Singh, was promoted by a Departmental Promotion Committee (DPC) meeting on 16 April 1999 under the Punjab Government Circular dated 28 June 1961. The respondent, Ex‑Major B.D. Gupta, challenged the selection, arguing that the DPC should have applied the newer Punjab circular of 1 October 1999 (w

S.M. DYECHEM LTD.versusCADBURY (INDIA) LTD.

2000 INSC 3129 May 2000Dismissed

S.M. Dyachem Ltd. (plaintiff) claimed that its registered trademark “PIKNIK” for food products was infringed by Cadbury (India) Ltd.’s use of “PICNIC” on chocolates and sought a temporary injunction. The High Court set aside the trial court’s injunction, holding that the marks differed in essential features and there w

PUNNU RAM AND ORS.versusCHIRANJI LAL GUPTA (DEAD) BY LRS. AND ORS.

1999 INSC 919 March 1999Appeal(s) allowed

The Supreme Court considered appeals arising from a Delhi High Court judgment that interpreted Section 19(4) of the Slum Areas (Improvement and Clearance) Act, 1956. The central question was whether the two factors listed in that subsection – (a) availability of alternative accommodation for the tenant and (b) whether

THE EXECUTIVE OFFICER, ARTHANARESWARAR TEMPLEversusR. SATHYAMOORTHY AND ORS.

1999 INSC 499 February 1999Appeal(s) allowed

The hereditary trustees of six Hindu temples filed a petition under the Indian Trusts Act seeking permission to sell temple properties, which was rejected by the District Court and initially dismissed by the High Court. The High Court later allowed a review and permitted the sale, but the Commissioner under the Tamil N

AJIT SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1999 INSC 5468 December 1999Dismissed

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable classification. The Court r

MAHARAJA CHINTAMANI SARAN NATH SAHDEOversusSTATE OF BIHAR AND ORS.

1999 INSC 4647 October 1999Dismissed

Maharaja Chintamani Saran Nath Sahdeo, a proprietor of mines and minerals, received compensation under the Bihar Land Reforms Act, 1950 calculated at three times his net annual income and later accepted an additional payment calculated at ten times the income. The Member, Board of Revenue later reopened the case and or

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusG.V.K. GIRLS HIGH .SCHOOL

2000 INSC 3787 August 2000Dismissed

The G.V.K. Girls High School, admitted to grant‑in‑aid under the Andhra Pradesh Education Act, 1982, sought payment of arrears for the period 1 September 1985 to 31 October 1989 after a statutory committee under the 1988 Act cleared its case. The High Court Single Judge ordered the arrears to be paid, quashing a 1994 g

SHRI MUNIR ALAMversusUNION OF INDIA AND ORS.

1999 INSC 2297 May 1999Case Allowed

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry by the Central Burea

BABYversusTRAVANCORE DEVASWOM BOARD AND ORS.

1998 INSC 4136 November 1998Dismissed

The appellant, Baby, challenged a Land Tribunal order that held she was not a cultivating tenant. The High Court set aside the Tribunal's decision under Section 103 of the Kerala Land Reforms Act, 1963, on the ground that the Tribunal failed to consider several material documents. The Supreme Court examined whether suc

POOVOLLAPARAMBIL CHATHU AND ORS.versusV.P. SUDHEER AND ORS.

1998 INSC 4146 November 1998Appeal(s) allowed

The plaintiffs sought a declaration that they were exclusive co‑owners of a parcel of land, while the defendants claimed tenancy under a predecessor and asked for fixity of tenure. The dispute turned on whether the civil court could decide the tenancy issue or had to refer it to the Land Tribunal under Section 125 of t

THE COMMISSIONER OF INCOME TAX, DELHIversusM/S HINDUSTAN TIMES LTD. NEW DELHI

1998 INSC 2206 May 1998Dismissed

Hindustan Times Ltd purchased a residential building and later demolished it to erect a multi‑storeyed commercial building. The company paid Rs 36,96,516 as an additional premium for the commercial use of the extra built‑up area and added this amount to the cost of the new building, claiming depreciation under Sections

MISHRI LAL (DEAD) BY LRS.versusDHIRENDRA NATH (DEAD) BY LRS. AND ORS.

1999 INSC 1606 April 1999Dismissed

The respondent Zamindar had executed two mortgage deeds in 1947‑48 covering houses and khudkasht lands. After the Madhya Bharat Zamindari Abolition Act, 1951 came into force, the mortgagee (appellant) contended that the Zamindar could not redeem the mortgage because the Act vested all zamindari rights in the State. The

UNITED BANK OF INDIA, CALCUTTAversusABHIJIT TEA CO. PVT. LTD. AND ORS.

2000 INSC 4345 September 2000Appeal(s) allowed

The United Bank of India filed suit No. 410/85 against Abhijit Tea Co. in 1985. The suit was disposed by a compromise decree on 29‑Mar‑1994, but the decree was set aside on appeal and the suit was remanded to the trial judge on 11‑Aug‑1998. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (effect

M.R.F. LTD.versusJAGDISH LAL AND ANR.

1999 INSC 2255 May 1999Dismissed

The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required under Section 13(1)

UNION OF INDIAversusERA EDUCATIONAL TRUST AND ANR. ETC.

2000 INSC 1885 April 2000Appeal(s) allowed

Respondent Era Educational Trust applied to the Central Government for consent to establish a medical college, which was rejected after two inspections by the Medical Council of India. The Trust filed a writ petition under Article 226 of the Constitution, and the Allahabad High Court, without allowing a counter‑affidav

STEEL AUTHORITY OF INDIA LTD.versusSTATE OF M.P. AND ORS.

1999 INSC 1555 April 1999Appeal(s) allowed

The Central Government sought land in Madhya Pradesh for the Bhilai Steel Plant and, under the 1925 Rules, agreed to pay the State a one‑time capitalised amount equal to 25 times the assessed land revenue, thereby obtaining exemption from further land revenue. The land was transferred to Hindustan Steel Ltd, whose succ

R.L. MEENA AND ORS.versusUNION OF INDIA AND ORS.

2000 INSC 4274 September 2000Disposed off

The petitioners, officers of the Indian Police Service promoted from the Delhi and Andaman & Nicobar Police Services, filed a writ petition under Article 32 seeking to be encadred in the Joint Police Service with retrospective effect, alleging that the notifications dated 31‑12‑1997 were arbitrary and violative of Arti

MALLIKARJUNA MUDHAGAL NAGAPPA AND ORS.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 4284 September 2000Dismissed

The case concerned an educational institution that was authorized to admit a maximum of 60 students (30 per section) but admitted 75, exceeding the quota by 15. The excess students were denied permission to sit for examinations, prompting a joint writ petition in the Karnataka High Court, which was dismissed. The 15 st

STATE BANK OF INDIA AND ORS.versusT.J. PAUL

1999 INSC 2204 May 1999Case Partly allowed

The respondent, a former manager of the Bank of Cochin, was charged with sanctioning loans without adequate security or prior approval between 1977-81, leading to a departmental inquiry that found him guilty of gross negligence, a form of gross misconduct under the Bank of Cochin Service Code. The disciplinary authorit

A.K. RAGHUMANI SINGH AND ORSversusGOPAL CHANDRA NATH AND ORS.

2000 INSC 1874 April 2000Dismissed

The case concerned the eligibility criteria for promotion of Executive Engineers to Superintending Engineer under the Manipur P.W.D. Recruitment Rules, 1977, which required a degree (or equivalent) "with" six years of regular service. Respondent No.1, who held an AMIE diploma recognized as equivalent to a B.E., claimed

NISHANT PURIversusSTATE OF HIMACHAL PRADESH AND ORS.

1998 INSC 4552 December 1998Dismissed

Nishant Puri, a resident of Himachal Pradesh, applied for admission to the MBBS programme under the Himachal Pradesh University prospectus. Clause (iii) of the prospectus exempts wards of defence personnel or serving Central Government employees who are bona fide Himachalis from the requirement of passing two examinati

AJIT CHOPRAversusSADHU RAM AND ORS.

1999 INSC 5142 November 1999Appeal(s) allowed

The plaintiff, Ajit Chopra (through his legal representative), purchased a property in 1957 subject to pending rent‑control litigation between the vendor and the tenant, Sadhu Ram. The tenant denied any landlord‑tenant relationship and claimed title by adverse possession, leading to a fresh eviction petition in 1969 an

SHREE DAMODAR KALVAIBHAV EDUCATION SOCIETYversusDIRECTOR OF EDUCATION, GOA AND ANR.

2000 INSC 3712 August 2000Disposed off

The Shree Damodar Kalvaibhav Education Society runs Keshav Smriti School, which started as a middle school with classes V to VII. It applied to the Director of Education, Goa, for permission to open class VIII, which would convert the school into a secondary school. The Director rejected the application invoking Rule 3

THE A.P. STATE WAKF BOARD HYDERABADversusALL INDIA SHIA CONFERENCE (BRANCH) A.P. AND ORS.

2000 INSC 1172 March 2000Appeal(s) allowed

The All India Shia Conference (Branch) and others sued the Andhra Pradesh State Wakf Board seeking a declaration that institutions such as Panjas, Alams, Ashrukhanas, Asthanas and Imambadas were Shia wakfs and not Sunni wakfs. The trial court and the Andhra Pradesh High Court declared all the institutions to be Shia wa

INDIAN AIRPORTS EMPLOYEES UNIONversusRANJAN CHATERJEE AND ANR.

1999 INSC 312 February 1999Dismissed

The Indian Airports Employees Union filed a contempt petition alleging that the airport authority failed to regularise six sweepers employed in the car‑parking area despite a Supreme Court direction to regularise sweepers after the abolition of contract labour. The respondents contended that the six workers were not co

A.P. POLLUTION CONTROL BOARD-IIversusPROF. M.V. NAYUDU (RETD.) AND ORS.

2000 INSC 5641 December 2000Appeal(s) allowed

The Supreme Court examined whether the Andhra Pradesh Government could lawfully exempt a hazardous vegetable‑oil industry from a statutory 10‑km prohibition around the Osman Sagar and Himayat Sagar reservoirs, which supply drinking water to Hyderabad and Secunderabad. The State had issued GO 153 granting the exemption

M.G. BADAPPANAVAR AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 5621 December 2000Disposed off

The case concerned promotion and seniority of general (non‑reserved) candidates versus reserved candidates in the Karnataka engineering services. Both groups were initially recruited as Junior Engineers; reserved candidates were promoted to higher grades through roster points, while general candidates rose by normal se

CHIRANJILAL SRILAL GOENKA (DEAD) BY LRS.versusJASJIT SINGH AND ORS.

2000 INSC 5671 December 2000Set Aside

The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the adopted son the sole h

PUNJAB WAKF BOARDversusGRAM PANCHAYAT @ GRAM SABHA

1999 INSC 5401 December 1999Dismissed

The Punjab Wakf Board claimed ownership of a parcel of land that it had declared a Muslim graveyard by a 1970 notification under the Wakf Act, 1954, and sought a declaration of title. The Gram Panchayat contested the claim, asserting that the land was recorded as community property and used for common purposes, making

DELHI JAL BOARDversusMAHINDER SINGH

2000 INSC 4261 September 2000Dismissed

The Supreme Court considered a Special Leave Petition filed by the Delhi Jal Board challenging a Delhi High Court order that had allowed Mahinder Singh, a senior employee, to receive a promotion recommended by a Departmental Promotion Committee (DPC) despite a later disciplinary inquiry. The Court held that the right t

GAINDA RAM AND ORS. ETC.versusM.C.D. AND ORS.

1997 INSC 4641 May 1997Disposed off

The Supreme Court examined the implementation of the Delhi hawkers rehabilitation scheme by the Municipal Corporation of Delhi (MCD) in light of the R.C. Chopra report. It directed the MCD to give all applicants previously held ineligible an opportunity to make representations, to re‑examine eligibility, to prepare zon

CHINTAMANI GAJANAN VELKARversusSTATE OF MAHARASHTRA & ORS.

2000 INSC 451 February 2000

C.G. Velkar, a private forest land holder, challenged the vesting of his 20‑hectare land in Versave village in the State of Maharashtra under the Maharashtra Private Forests (Acquisition) Act, 1975. The dispute centered on whether the word "issue" in Section 2(f)(iii) of the Act required actual service of a notice unde

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