S. RAMACHANDRA RAJUversusSTATE OF ORISSA
1994 INSC 34531 August 1994
The appellant, a lecturer appointed in 1965, received a solitary adverse confidential report for the academic year 1987‑88, which he claimed was made in mala‑fide by the principal. He sought to have the remarks expunged, was promoted to Reader in 1991, but was compulsorily retired on 28 May 1991 under Rule 71(a) of the…
A.N. SEHGAL AND ORS.versusRAJE RAM SHEORAN AND ORS.
1995 INSC 23631 March 1995Disposed off
The Supreme Court revisited a contempt petition filed by A.N. Sehgal and others against Raje Ram Sheoran and others for failing to implement the Court's 1992 directions on seniority allocation between direct recruits and promotees under the Haryana Service Engineers (Class‑I) PWD Rules, 1960. The earlier judgment manda…
KAMLA SHANKARversusTHE DIRECTOR OF BOARD OF TECHNICAL EDUCATION, KANPUR AND ANR.
1995 INSC 23831 March 1995Disposed off
The appellant, Kamla Shankar, had obtained a direction from the Allahabad High Court to appear for the fourth‑year diploma examination, but the result was never declared. He filed a civil appeal before this Court seeking an order similar to one passed on 12 January 1986, directing the Board of Technical Education, Kanp…
THE IMPROVEMENT TRUST, PATIALAversusTHE LAND ACQUISITION TRIBUNAL AND ORS.
1995 INSC 23931 March 1995Appeal(s) allowed
The Improvement Trust, Patiala appealed against an award of the Land Acquisition Tribunal that granted the owner‑share certain benefits under Section 23(1‑A) of the Land Acquisition Act, 1894 as amended by the 1984 amendment. The respondents claimed entitlement to a 12% per annum interest on the enhanced compensation f…
DR. KASHINATH NAGAYYA IBATTEversusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 24031 March 1995Disposed off
The appellant, a Scheduled Tribe candidate, was appointed as a lecturer in 1981 to a reserved vacancy on a temporary, ad‑hoc basis and served continuously until 1993. The State later filled the same category of vacancies through regular selection by the Public Service Commission (PSC), appointing three candidates who w…
U.P. STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN AND ORS.versusSRI RADHEY MOHAN VERMA
1994 INSC 13931 March 1994Appeal(s) allowed
The respondent, a suspended employee of Mirzapur Electricity Supply Co., filed a writ petition seeking reinstatement after the company's licence was revoked on 1 September 1975 and the Uttar Pradesh State Electricity Board took over the undertaking. The Board had agreed not to take on any employee against whom discipli…
KARSAN AMBUBHAI SINDHAVversusTHE STATE OF GUJARAT
1994 INSC 56330 November 1994Dismissed
The appellant, Karsan Ambubhai Sindha, owned agricultural land exceeding the ceiling of 54 acres prescribed under the Gujarat Agricultural Land Ceiling Act, 1960. The Tribunal, after excluding the ceiling area, identified 18.23 acres as excess and ordered surrender. The appellant argued that his parents and other relat…
MATHEVAN PADMANABHAN @ PONNAN (DEAD) THROUGH LRS.versusPARMESHWARAN THAMPI AND ORS
1994 INSC 56430 November 1994Appeal(s) allowed
The respondents filed a suit for possession of land alleging that the appellant had surrendered his tenancy and was in illegal possession. The appellant contested, claiming he remained a tenant and sought permission under Section 72‑B of the Kerala Land Reforms Act to purchase the land. The civil court, invoking Sectio…
L. V ASANTHA KUMARIversusBALAMMAL AND ORS.
1994 INSC 56530 November 1994Appeal(s) allowed
The appellant, L. V. Vasantha Kumar, occupied a hut on land that had been sold by Subramonian Pillai to Vaikuntam Pillai in 1955, and later claimed ownership based on an agreement to purchase. The respondent, Balammal, obtained a decree for specific performance of that agreement and subsequently sued for possession, al…
KULDIP MAHATON AND ORS.versusBHULAN MAHTO (DEAD) BY L.RS. AND ORS.
1994 INSC 56630 November 1994Appeal(s) allowed
Munnia, the widow of Bigu, held a life estate in property and died in 1932 before the Hindu Women’s Right to Property Act, 1937 came into force. Upon her death, the property reverted to the reversioners – the first respondent (Bhulan) and the appellants – making them co‑owners. Bhulan claimed he had been adopted by Mun…
SULEKH CHAND AND SALEK CHANDversusCOMMISSIONER OF POLICE AND ORS.
1994 INSC 42830 September 1994Appeal(s) allowed
The appellants, police officers promoted from Assistant Sub‑Inspector to Sub‑Inspector, claimed that their promotion should be back‑dated to 1 October 1982. The respondents, the Commissioner of Police, denied the promotion on the ground that the officers had been charged under section 5(2) of the Prevention of Corrupti…
UPENDRA PRADHAN AND OTHERSversusSTATE OF ORISSA AND OTHERS
1993 INSC 17530 April 1993Dismissed
The appellants were teachers in a school that was recognised in 1983 but only received grants‑in‑aid in 1988. Their services were terminated in 1986, before the school became an aided institution, and the termination was not approved by the Inspector of Schools. They filed a writ petition seeking reinstatement and back…
CENTRAL COOPERATIVE CONSUMERS, STOREversusLABOUR COURT, H.P. AND ANR.
1993 INSC 17630 April 1993Dismissed
The respondent was employed as a sales girl by the Central Cooperative Consumers' Store, a cooperative society, and was allegedly humiliated, harassed and illegally terminated by a new manager without required approval or notice. After a seven‑year delay, the Assistant Registrar declared the termination illegal and ord…
SOORAJMULL NAGARMULLversusDALHOUSIE PROPERTIES LTD. AND ANR.
1994 INSC 13330 March 1994Disposed off
The Supreme Court heard a civil appeal (No. 2846 of 1979) arising from a 40‑year landlord‑tenant dispute between Soorajmull Nagarmull (tenant) and Dalhouise Properties Ltd. (landlord). While the appeal was pending, the parties reached a compromise covering rent, compensation for past occupation, tax liabilities, and ot…
RAM PRASAD (DEAD) BY LRS. AND ORS.versusTHE ASSISTANT DIRECTOR OF CONSOLIDATION AND ORS.
1994 INSC 13430 March 1994Appeal(s) allowed
The widow Jivani, after the death of her husband Bahadur Singh (the last male holder of tenancy rights), claimed to have created a joint tenancy with Jwala Singh under Section 59 of the U.P. Tenancy Act, 1939. The appellants, heirs of the original tenant, challenged the decree, alleging it was collusive and fraudulent …
SRI SHYAM SUNDER PRASAD AND ORS.versusSRI RAJPAL SINGH AND ANR.
1994 INSC 55929 November 1994Dismissed
The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the Limitation Act, 1908,…
BAKHTAWAR SINGH AND ANR. ETC. ETC.versusUNION OF INDIA AND ANR.
1994 INSC 56029 November 1994Dismissed
The case concerned acquisition of about 527 acres of land in Bhagualong and surrounding villages for a cantonment. The Land Acquisition Officer initially awarded Rs 22,000 per acre for nehrri and chahi land, which was later enhanced by the Additional District Judge to Rs 36,000 and by the High Court to Rs 37,000 per ac…
TARLOCHAN SINGH AND ANR; ETC. ETC.versusTHE STATE OF PUNJAB AND ORS.
1994 INSC 56129 November 1994Dismissed
The Supreme Court examined appeals by landowners whose 881 acres were acquired under the Land Acquisition Act, 1894 for municipal development. After a series of assessments by the acquisition officer, district judge, single judge and a division bench, the claimants sought further enhancement of compensation, arguing th…
SHRI T. SHAM BHATversusUNION OF INDIA AND ANR.
1994 INSC 29329 July 1994
Shri T. Sham Bhat, a Class‑I officer of Karnataka's non‑State Civil Service, was barred from selection to the Indian Administrative Service (IAS) after the IAS (Appointment by Selection) Second Amendment Regulations, 1989 increased the required continuous service from eight to twelve years and allowed Class‑II officers…
G. RAMACHANDRA REDDY AND CO.versusCHIEF ENGINEER, MADRAS ZONE, MILITARY ENGINEERING SERVICE
1994 INSC 18129 April 1994
The appellant, G. Ramachandra Reddy & Co., invoked clause 17 of its contract with the respondent, the Chief Engineer of the Military Engineering Service, to have a sole arbitrator appointed. After the respondent failed to appoint an arbitrator despite a notice, the appellant filed a suit under Section 20 of the Arbitra…
JUGRAJ SINGH AND ANR.versusLABH SINGH AND ORS.
1994 INSC 55728 November 1994Dismissed
The plaintiffs, Labh Singh and his brother, sued for specific performance of a sale agreement dated 30‑8‑1984 against the original vendor, Jasbir Singh. The petitioners, who had purchased the property later on 4‑1‑1985, were impleaded as necessary parties. All lower courts held that the petitioners were not bona‑fide p…
COMMITTEE OF MANAGEMENTversusSHAMBU SARAN PANDEY AND ORS.
1994 INSC 49928 October 1994Disposed off
The Principal of a university institution was charged with misappropriating funds and served with a charge‑sheet. He requested inspection of the documents referred to in the charge‑sheet, but the enquiry officer postponed inspection until the final hearing, which the Court held to be a procedural error. The enquiry pro…
M/S. TAMIL NADU HOUSING BOARDversusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS AND ANR.
1994 INSC 42128 September 1994Appeal(s) allowed
The Tamil Nadu Housing Board, a statutory body registered under the Factories Act, operated a concrete unit (licensed) and a wood‑working unit (unlicensed) whose products were used only in its own buildings. The Central Excise Department issued a show‑cause notice alleging duty evasion on the wood unit. The Excise Trib…
SARAT KUMAR DASH AND ORS.versusBISWAJIT PATNAIK AND ORS.
1994 INSC 49527 October 1994Appeal(s) allowed
The case concerned the promotion of Drug Inspectors to Assistant Drugs Controller posts. The Government, lacking statutory rules, adopted the principle of "merit‑cum‑suitability with due regard to seniority" and asked the Public Service Commission (PSC) to evaluate candidates using an objective grading system based on …
LAND ACQUISITION OFFICER, ELURU ETC.versusSMT. JASTI ROHINI AND ANR. ETC.
1994 INSC 49627 October 1994Appeal(s) allowed
The State acquired 9.47 acres in 1983 and 14.10 acres in 1985 near Eluru for house sites for the poor. The Land Acquisition Officer fixed compensation at Rs 40,000 per acre, but the reference court and the Andhra Pradesh High Court enhanced the market value to Rs 150 per square yard based on the Basic Valuation Registe…
STATE OF RAJASTHAN AND ORS.versusSARDAR PUSHPENDRA SINGH AND ORS.
1994 INSC 17827 April 1994
The State of Rajasthan acquired about 1800 acres of land for defence purposes under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer (LAO) could not determine the compensation because portions of the land were in excess of limits prescribed by the Rajasthan Tenancy Act, 1955 and the Rajasthan Impo…
M. JANARDHAN AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1993 INSC 37926 November 1993Appeal(s) allowed
The appellants, who were temporarily appointed as Health Inspectors between 1958 and 1962, challenged the Andhra Pradesh Government's order that retrospectively regularised the services of temporary promotee Health Inspectors (respondents No. 4‑121) under Rule 37(e) of the Public Health Subordinate Service Rules. They …
SHRI DEVENDRA MANAGEMENT TRAINEES AND ORS.versusPUNJAB NATIONAL BANK
1993 INSC 38026 November 1993Dismissed
The appellants, members of Scheduled Castes and Scheduled Tribes employed in the clerical cadre of Punjab National Bank, were selected as Management Trainees on the condition of two years of training and subsequent confirmation based on a bank test and examination. While they were on training, the bank revised its pay …
CARMEL BOOK STALLversusDY. COMMISSIONER OF SALES TAX
1994 INSC 28726 July 1994Appeal(s) allowed
Carmel Book Stall, a charitable trust, sold books whose profits were claimed to be exempt from Kerala sales tax under Section 10 of the Kerala General Sales Tax Act, 1963, provided the profits were solely used for charitable purposes. The Sales Tax Officer taxed the profits for the assessment years 1981-82 and 1982-83,…
SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.
1994 INSC 17226 April 1994
Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent sued for specific perf…
THE STATE OF ANDHRA PRADESH, ETC.versusMODERN PROTEINS LTD.
1994 INSC 17326 April 1994
Modern Proteins Ltd., a dealer under the Andhra Pradesh General Sales Tax Act, dealt in groundnut products including deoiled cake and groundnut protein flour. For the 1977-78 assessment year, the Central Tax Officer taxed the flour at 4% under the Central Sales Tax Act, but the Assistant Commissioner re‑classified it a…
K.A.A. RAJA AND ORS.versusSTATE OF KERALA AND ANR.
1994 INSC 17426 April 1994Appeal(s) allowed
The State of Kerala acquired 52.88 acres of cardamom plantation for the Periyar Tiger Reserve under a notification issued under s.3(1) of the Kerala Land Acquisition Act, 1962. The Land Acquisition Officer initially valued the land at Rs.14.75 lakh, which was enhanced by the Subordinate Judge to Rs.197.77 lakh; the Hig…
NARENDER PAL SHARMA AND ANR.versusSTATE OF PUNJAB AND ORS.
1994 INSC 55625 November 1994Appeal(s) allowed
The Supreme Court examined the nomination procedure for nine vacancies in the Punjab Civil Services (Executive Branch) under the 1976 Rules, where the Chief Secretary assigned marks for ACRs, experience, and an ability test, and excluded candidates scoring 33% or less in the ability test. The appellants argued that thi…
JAWAJEE NAGNATHAMversusTHE REVENUE DIVISIONAL OFFICER, ADILABAD, AP., ETC.
1994 INSC 2925 January 1994Dismissed
The appellant owned 18 guntas of land in Adilabad municipality that were acquired under the Land Acquisition Act, 1894. Compensation was initially based on letting value and later enhanced to Rs. 75 per square yard by the reference court. The appellant claimed a market value of Rs. 300 per square yard, relying on the B…
SMT. RATNA @ RATNAVATIversusSYNDICATE BANK AND ORS.
1994 INSC 54924 November 1994Dismissed
The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the deceased defendant. The d…
VIRENDRA GAUR AND ORS.versusSTATE OF HARYANA AND ORS.
1994 INSC 55024 November 1994Appeal(s) allowed
The Supreme Court examined whether the Haryana Government could lease municipal land, earmarked as open space for sanitation and recreation, to the Punjab Samaj Sabha for a Dharamshala. The land had been vested in the municipality under the Haryana Municipal Act, 1973 and was reserved under a town planning scheme for p…
R. R. KULASEKHARANversusA.P.P.S. COMMISSION AND ORS
1994 INSC 55124 November 1994Dismissed
The petitioners challenged the appointment of candidates to posts reserved for Backward Class (BC‑A) in Andhra Pradesh, arguing that when no local BC‑A candidates were available, the government should have allowed BC‑A candidates from other zones to be considered as non‑local and appointed on merit. The respondents con…
MAHENDRA RAJ MARG KARAMCHARI UNIONversusUNION OF INDIA AND ORS.
1995 INSC 21324 March 1995Disposed off
The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that they were a separat…
MAJOR PAKHAR SINGH ATWAL AND ORS.versusSTATE OF PUNJAB AND ORS.
1995 INSC 7324 January 1995Dismissed
The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in the Collector’s award,…
MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.
1995 INSC 7424 January 1995Dismissed
The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were successful, and the Supr…
UNION OF INDIA AND ORS. ETC.versusDELHI JUDICIAL SERVICE ASSN. AND ANR.
1995 INSC 13423 February 1995Appeal(s) allowed
The Delhi Judicial Officers Association sought a writ directing the Union of India to place all members of the Delhi Higher Judicial Service on a uniform pay scale of Rs.5900-6700, invoking the principle of equal pay for equal work. The Delhi High Court granted this relief, but the Union of India appealed, arguing that…
STATE OF RAJASTHAN AND ANR.versusSHRI PURKHA RAM AND ANR.
1994 INSC 9023 February 1994Dismissed
The case involved displaced persons from the Bhakra Nangal Dam who were rehabilitated in the Rajasthan Canal Colony and allotted land under the Rajasthan Colonisation Act, 1954 and the 1967 Rules, with payment required as per Rule 23, which they duly made. In 1984 the government issued notices under the 1975 Rules, spe…
SHIVAPPA TAMMANNAPPA KARABANversusPARASAPPA HANAMMAPPA KURABAN AND ORS.
1994 INSC 41222 September 1994Dismissed
The appellant, a holder of a village office (Walikarki) under the Karnataka Village Offices Abolition Act, 1961, claimed exclusive ownership of land regranted to him after the abolition of the office. Upon partition, he received only one‑fifth of the property while the respondents, other members of the Hindu joint fami…
PREMJI RATANSEY SHAH AND ORSversusUNION OF INDIA AND ORS.
1994 INSC 27922 July 1994Dismissed
The petitioners claimed to be successors in title to land that had been acquired by the government for the railways under the Land Acquisition Act, 1894, and sought a declaration and an injunction to protect their possession. The trial court found them in possession, but the High Court held that the land was in the pos…
VISHWAS ANNA SAWANT AND ORS.versusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.
1994 INSC 16922 April 1994
The Municipal Corporation of Greater Bombay resolved in 1975 to reserve promotion posts for backward classes, including Scheduled Castes, Scheduled Tribes, and denotified and nomadic tribes. Although a seniority‑wise list of eligible backward‑class employees was prepared, the corporation denied promotions to several ap…
SMT. LAXMIRAJ S. PATIL AND ORS.versusBADASHAH SULTAN MUTWALI
1995 INSC 19822 March 1995Dismissed
The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the trust registered under…
ADDL. SPECIAL LAND ACQUISITION OFFICERversusYAMANAPPA BASALINGAPPA CHALWADI
1994 INSC 8722 February 1994
The respondents' agricultural lands were acquired under the Land Acquisition Act, 1894 for the Upper Krishna Project. The District Judge, based on evidence that two dry‑season crops yielded Rs 720 per acre, applied a 15‑year multiplier to compute a market value of Rs 800 per acre, which the Karnataka High Court upheld.…
STATE OF GUJARATversusC.G. RAIYANI
1994 INSC 52921 November 1994Appeal(s) allowed
The respondent was initially appointed as a Junior Engineer on an adhoc basis in May 1969 and later selected for regular appointment by the Panchayat Services Selection Board, with regularisation intended to be effective from July 15, 1972. After a provisional promotion in 1978, a common seniority list placed him at a …
SHYAM SUNDER DUTTAversusBAIKUNTHA NATH BANERJEE (DEAD) BY LRS. AND ORS.
1994 INSC 40921 September 1994Appeal(s) allowed
The appellant filed successive partition suits over property where a court‑appointed receiver (1933‑1941) had inducted the respondents as occupants. After the receiver’s discharge, the respondents claimed tenancy rights by adverse possession. The trial court and the appellate court found that the respondents were not i…
STATE OF MADHYA PRADESH AND ORS.versusM/S. KRISHNADAS TIKARAM
1994 INSC 41021 September 1994Appeal(s) allowed
The respondent was granted a mining lease in 1966 to extract limestone from a forest area, which expired in 1986. After the Forest Conservation Act, 1980 came into force, any grant or renewal of such a lease required prior approval of the Central Government under Section 2. The State Government issued an order renewing…
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…
SMT. INDRANI BAIversusUNION OF INDIA AND ORS.
1994 INSC 16421 April 1994Appeal(s) allowed
The widow of a turner who was dismissed from service challenged the disciplinary enquiry that led to his dismissal. The employee had alleged bias against the appointed enquiry officer and requested a change of officer, which the authorities ignored and proceeded with an ex parte enquiry. After the enquiry officer exami…
STATE OF U.P. AND ANR.versusPREM LATA MISRA AND ORS.
1994 INSC 16521 April 1994
The respondent was appointed as a temporary Assistant Project Officer under the National Adult Education Scheme, with her appointment stating that service could be terminated at any time by giving one month's notice or pay. In June 1982 she was terminated under the Uttar Pradesh Temporary Government Servants (Terminati…
SATISH CHANDRAversusREGISTRAR OF COOPERATIVE SOCIETIES, DELHI.
1994 INSC 16621 April 1994
The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did not contest the expu…
KART AR SINGH @ NARANJAN SINGH AND ORS.versusSTATE OF PUNJAB
1995 INSC 19021 March 1995Dismissed
The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under Section 144 of the Cod…
UNION OF INDIAversusJAGDISH AND ORS.
1995 INSC 19121 March 1995Appeal(s) allowed
The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. The Supreme Court ob…
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…
JOGIBHAI MANGALBHAI TANDEL ETC.versusTHE MAMLATDAR AND AGRICULTURAL LAND TRIBUNAL, PARDL AND ANR.
1994 INSC 40720 September 1994Dismissed
The appellants purchased about 7 acres of agricultural land in Moria village, Gujarat, without obtaining the prior permission required under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Mamlatdar initiated ejectment proceedings, and the Gujarat High Court dismissed the appellants' special civi…
STATE OF ANDHRA PRADESHversusSHRI S. VISHW ANATHA RAJU ETC. ETC.
1995 INSC 7120 January 1995Appeal(s) allowed
The State of Andhra Pradesh appealed against orders that excluded about 900 acres of land, held under agreements to sell, from the ceiling provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975. The issue was whether such lands should be counted in the holdings of both the vendor and the vende…
UNION OF INDIAversusM/S. JAIN ASSOCIATES AND ANR.
1994 INSC 16119 April 1994
The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting interest up to the date…
STATE OF MADHYA PRADESH AND ANR.versusSRI S.S. KOURA V AND ORS.
1995 INSC 6319 January 1995Appeal(s) allowed
The respondent, an Executive Engineer of the Madhya Pradesh Water Resources Department, was transferred from Bhopal to Jagdalpur during President's Rule. He challenged the transfer before the Administrative Tribunal, which quashed it on the ground that a ban on transfers required prior approval of the Governor, which w…
SHRI BHAGWAN SINGHversusTHE CHAIRMAN, NOIDA AND ORS.
1995 INSC 6419 January 1995Case Allowed
The petitioner, Bhagwan Singh, was eligible to become a member of a Noida cooperative society and had paid the required price. The society refused to allot him a plot because his enrollment was recorded on 8 May 1976, after the cut‑off date of 1 May 1976 fixed by the Supreme Court in NO/DA v. U.P. Residents Emp. Co‑op.…
D. KRISHNA VENI AND ANR. ETC.versusSTATE OF ORISSA AND ORS.
1995 INSC 6519 January 1995Dismissed
The State of Orissa acquired about 700 acres of land under the Land Acquisition Act, 1894. The Collector awarded compensation for fruit‑bearing trees at Rs 80 each and non‑fruit‑bearing trees at Rs 60 each, which was confirmed by a Sub‑Judge on reference under Section 18. The appellants did not appeal, but other claima…
MRS. MARY JOYCE POONACHAversusMIS K.T. PLANTATIONS PVT. LTD.
1995 INSC 6619 January 1995Appeal(s) allowed
Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the District Registrar; the a…
SAMPURAN SINGHversusSTATE OF HARYANA AND ORS.
1994 INSC 1619 January 1994Dismissed
Sampuran Singh's land was declared surplus under the Punjab Security of Land Tenures Act, 1953 in 1964, but he continued to possess and enjoy it. After his three sons became majors, he sought to reopen the declaration and recompute the surplus land under sections 7 and 9 of the Haryana Ceiling on Land Holdings Act, 197…
SMT. BHAGWANTI DEVI AND ANR.versusSTATE OF HARYANA AND ANR .
1994 INSC 1719 January 1994Dismissed
The appellants, a family owning 828 standard acres, had surplus land declared under the Punjab Security of Land Tenures Act, 1953 and were granted exemption under Rule 8 to continue using it. When the Haryana Ceiling on Land Holdings Act, 1972 came into force, the appellants argued that the exemption should survive and…
SURINDER NATH DEWANversusSTATE OF HARYANA AND ORS.
1994 INSC 1819 January 1994
Surinder Nath Dewan was declared a holder of 15 standard acres of surplus land by a 1960 order under the East Punjab Security of Land Tenures Act. He later obtained a determination that only 5 acres were surplus and sought restoration of land that had been leased out under the East Punjab Area Utilisation of Lands Act.…
B. SIVANANDAversusTHE ANDHRA BANK LTD. AND ANR.
1994 INSC 12518 March 1994Disposed off
The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for future interest. On …
STATE OF MADHYA PRADESHversusSURENDRA KUMAR AND ANR.
1995 INSC 5318 January 1995Appeal(s) allowed
The owner of a plot in Jabalpur applied to the competent authority for permission to alienate 16,500 sq ft of land with building to a purchaser. The authority exercised its option under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976 to purchase the property on behalf of the State, and the owner exec…
MIRZA MAJID HUSSAINversusSTATE OF M.P. AND ANR .
1995 INSC 5418 January 1995Dismissed
The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition was filed in the Hig…
KHANNA IMPROVEMENT TRUSTversusLAND ACQUISITION TRIBUNAL AND ORS.
1995 INSC 5518 January 1995Appeal(s) allowed
The Punjab Town Improvement Trust sought compensation for land acquired under a 1922 Act. The Land Acquisition Collector awarded market value, which the Tribunal enhanced to Rs 307 per sq yd up to a depth of 43 ft. The Trust challenged this in the High Court, which confirmed the Tribunal’s award but unilaterally increa…
STATE OF HARYANAversusGURCHARAN SINGH AND ANR. ETC.
1995 INSC 5618 January 1995Appeal(s) allowed
The State of Haryana appealed a High Court order that had confirmed the market value of land acquired in Panchkula and further increased compensation for fruit‑bearing trees by 60% based on a price‑index adjustment. The Collector had originally awarded separate compensation for the land and the trees, a practice the St…
GIAN CHANDversusGOPALA AND ORS.
1995 INSC 5718 January 1995Appeal(s) allowed
Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 3‑August‑1977, indicated the…
STATE OF MADHYA PRADESHversusSMT. SHANTABHAI AND ORS.
1995 INSC 5818 January 1995Appeal(s) allowed
The respondents purchased 22 acres 63 decimals of land for Rs.1,08,000 on September 4, 1974, two days before a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued to acquire the same land for industrial purposes. The Land Acquisition Officer initially fixed compensation at Rs.1,500 per acre; th…
P.N. KRISHNA LAL AND ORS. ETC. ETC.versusGOVT. OF KERALA AND ANR. ETC. ETC.
1994 INSC 52417 November 1994
The appellants, licensees of arrack and foreign liquor shops, were convicted under sections 57A and 57B of the Kerala Abkari Act (as amended in 1984) for mixing or permitting the mixing of noxious substances such as methanol with liquor, or for failing to take reasonable precautions, and for possessing adulterated liqu…
UNION OF INDIA AND ORS.versusKARNAIL SINGH AND ORS.
1994 INSC 52517 November 1994
The Union of India appealed against the High Court’s order granting additional statutory benefits to landowners whose lands in Bhatinda district had been acquired. The original award by the Collector under Section 11 of the Land Acquisition Act was later enhanced by civil courts, but the owners filed an application und…
M/S NEW KENILWORTH HOTELS (P) LTD.versusASHOKA INDUSTRIES LTD. AND ORS.
1994 INSC 46017 October 1994Dismissed
Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial Corporation, which had ta…
B. L. MANDAWAT AND ORS.versusUNION OF INDIA AND ORS
1993 INSC 26617 August 1993Appeal(s) allowed
The petitioner, a Trained Graduate Teacher employed at the Rajasthan Atomic Power Project (RAPP) School since 1972, sought direction for her absorption by the Atomic Energy Education Society (AEE Society) after the school was transferred to that autonomous body. The Central Government had issued a letter on 27 July 198…
K. SASIDHARANversusKERALA STATE FILM DEVELOPMENT CORPORATION
1994 INSC 11917 March 1994Dismissed
The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras Detailed Standard Spec…
JAIPUR DEVELOPMENT AUTHORITYversusRADHEY SHYAM AND ORS.
1994 INSC 7817 February 1994Appeal(s) allowed
The Government of Rajasthan acquired land for the development of Jaipur city under the Rajasthan Land Acquisition Act, 1953. After an initial award excluded a portion of the land, the Land Acquisition Officer made a 1974 award that deducted compensation by allotting portions of the acquired land to the respondents in l…
THE SOUTH INDIAN FILM CHAMBER OF COMMERCE, MADRAS ETC.versusENTERTAINING ENTERPRISES, MADRAS AND ORS. ETC.
1994 INSC 61916 December 1994Appeal(s) allowed
The South Indian Film Chamber of Commerce challenged the constitutional validity of Sections 9(2) and 10(2) of the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1984, arguing that the State legislature lacked competence because the provisions dealt with copyright…
BHARAT PETROLEUM CORPORATION EX-EMPLOYEES ASSOCIATION AND ORS.versusBHARAT PETROLEUM CORPORATION LTD. AND ORS.
1994 INSC 61415 December 1994Dismissed
The Bharat Petroleum Corporation Ex‑Employees Association sought parity in pension for clerical staff who retired before 1 January 1989, arguing that the denial of a pension calculated on basic salary plus dearness allowance violated Articles 14 and 21 of the Constitution. After nationalisation, the pension scheme was …
BIBIJAN AND ORS.versusMURLIDHAR AND ORS.
1994 INSC 51915 November 1994Dismissed
The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed an appeal, but durin…
MAROTIversusTULSIRAM AND ANR
1994 INSC 52015 November 1994
The Managing Trustee of Hanuman Deosthan filed a civil suit for possession of a property, alleging that the plaintiff Trust was the owner. The defendant appealed, claiming he had purchased the property from a predecessor and was therefore the owner. During cross‑examination and before municipal authorities, the defenda…
THE C.L.T., GUJARAT-I, AHMEDABADversusTHE AHMEDABAD COTTON MFG. CO. LTD. & ORS.
1993 INSC 34015 October 1993
The assessee, a cotton textile manufacturer, paid amounts to the Textile Commissioner under Clause 21‑C(1)(b) of the Cotton Textiles (Control) Order, 1948, in lieu of producing the minimum required cloth, and also paid a sum for non‑fulfilment of an export obligation under a bond. The assessee claimed these payments as…
STATE OF U.P. AND ANR.versusSYNTHETICS AND CHEMICALS LTD. AND ANR.
1993 INSC 8615 March 1993Dismissed
The State of Uttar Pradesh filed a Special Leave Petition challenging a Allahabad High Court order that allowed Synthetics and Chemicals Ltd. to manufacture industrial alcohol without obtaining a PD‑2 licence and directed the State not to interfere, subject to preventing conversion of industrial alcohol into potable li…
STATE OF PUNJAB AND ANR.versusHANS RAJ (DEAD) BY LRS./SOHAN SINGH AND ORS.
1994 INSC 7315 February 1994Appeal(s) allowed
The State of Punjab acquired land under the Land Acquisition Act, 1894 and the Land Acquisition Officer initially awarded Rs.29.46 per marla as compensation. The District Judge enhanced this to Rs.50 per marla, and the High Court single judge further raised the market value to Rs.375 per marla and allowed Rs.17,000 for…
FOOD CORPORATION OF INDIAversusNEW INDIA ASSURANCE CO. LTD. AND ORS. ETC. ETC.
1994 INSC 7015 February 1994
The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' contracts. After the mi…
STATE OF KERALA AND ORS.versusMCDOWELL AND CO. LTD.
1994 INSC 7515 February 1994
The State of Kerala challenged the classification of a document executed by McDowell & Co. under Form VI of the Distillery and Warehouse Rules, required by Section 7 of the Kerala Abkari Act for deferred export duty, as an agreement rather than a bond for stamp duty purposes. The High Court held the instrument to be an…
UNION OF INDIA AND ANR.versusPRATAP SINGH AND ORS. ETC.
1994 INSC 60614 December 1994Appeal(s) allowed
The case concerned civilian employees of the Ministry of Defence who participated in Operations Blue Star and Wood Rose. A Government order dated 20 December 1985 directed that ration allowance in lieu of free rations be payable retrospectively to the entitled categories of defence civilian employees. The respondents c…
SH. P.G.GUPTA ETC. ETC.versusSTATE OF GUJARAT AND ORS.
1994 INSC 60714 December 1994Dismissed
The Gujarat government converted 396 lower‑income group houses from a rental scheme to a hire‑purchase scheme and set eligibility criteria requiring five years continuous residence, excluding retired servants. Category III employees, who had vacated their Pahari houses for better accommodation in Gandhinagar, and Categ…
GOVERNMENT OF ANDHRA PRADESH AND ANR.versusA.V. VENUGOPALA RAO
1994 INSC 51614 November 1994
The Government of Andhra Pradesh had, pending the finalisation of a seniority list for promotion to Executive Engineer, appointed the senior-most officers in the provisional list as In‑charge to avoid administrative hardship. The Andhra Pradesh Administrative Tribunal later revoked these interim In‑charge appointments,…
PRINTERS HOUSE PVT. LTD.versusMST. SAIDAN(DECEASED) BY L.R.
1993 INSC 33214 October 1993Disposed off
The Supreme Court examined compensation for several plots of land acquired for a printing‑machinery factory. The lands, owned by three different claimants, differed in location, size and shape. The Land Acquisition Officer and the Punjab‑Haryana High Court had fixed a uniform market‑value rate per unit area, and had al…
THE STATE TRADING CORPORATION OF INDIA LTD.versusJAINSONS CLOTHING CORPORATION AND ANR.
1994 INSC 38914 September 1994Appeal(s) allowed
The State Trading Corporation (STC) entered into a contract to supply basmati rice to Abu Dhabi Municipality and, concurrently, a back‑to‑back agreement with Jainsons Clothing Corporation requiring Jainsons to supply a portion of the rice and to furnish an irrevocable bank guarantee. After STC cancelled the export cont…
CENTRAL COALFIELDS LTD.versusSTATE OF MADHYA PRADESH AND ORS.
1994 INSC 60313 December 1994Dismissed
Central Coalfields Ltd. constructed office buildings and staff quarters in the Singrauli area without obtaining permission from the Special Areas Development Authority (SADA) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. SADA ordered the demolition of the structures under section 26 of the Adhiniyam…
V. LAKSHMANANversusB. R. MANGALAGIRI AND ORS.
1994 INSC 60413 December 1994Dismissed
The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram Panchayat refused, after…
SMT. RAMA DUBEY (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
1994 INSC 38713 September 1994Appeal(s) allowed
Two brothers, Gajadhar and Harjeet, gifted eleven plots of land to their niece, Smt. Rama Dube, by a registered deed in 1960, and Harjeet later bequeathed two additional plots to her by will. Rama initiated consolidation proceedings in 1971 to have her name entered in the land records; notice was served on Harjeet, who…
SUDHARSHAN TRADING COMPANY LTD.versusOFFICIAL LIQUIDATORS AND ORS.
1994 INSC 21913 May 1994Disposed off
The Supreme Court clarified directions given on 14 May 1993 in a dispute between Sudharshan Trading Company Ltd., its subsidiary’s liquidators, and the Subscribers' Association of a chit fund. The Court ordered the holding company to pay 25% interest on a Rs 5 lakh deposit for the period 3 Nov 1989 to 5 Apr 1990, after…
STATE OF ANDHRA PRADESHversusT.G. LAKSHMAIAH SETTY AND SONS
1994 INSC 15713 April 1994Appeal(s) allowed
The assessee, T.G. Lakshmaiah Setty & Sons, a dealer in groundnut oil and cotton seeds, was assessed under the Andhra Pradesh General Sales Tax Act, 1957 for the years 1967‑68, 1970‑71 and 1971‑72 on cotton lint at 3% as an unclassified good. Relying on Alimchand Topandas Oil Mills, they argued that cotton lint should …
SMT. H.B. USHAversusD.S. RAMACHANDRA
1994 INSC 59612 December 1994Disposed off
In the civil appeal concerning a partnership dispute between Smt. H.B. Usha and D.S. Ramachandra, the parties reached an amicable settlement. The Supreme Court approved the settlement, ordering the appellant to pay a total of Rs. 3.25 crore to the respondent for relinquishing his half‑share in the partnership firm Mis …
CHAIRMAN, PURI GRAMYA BANK AND ANR.versusANANDA CHANDRA DAS AND ORS.
1994 INSC 38412 September 1994Disposed off
The Supreme Court heard an appeal by the Chairman of Puri Gramya Bank challenging the High Court's order that seniority among directly recruited managers should be based on the date of reporting to duty. The respondents had been selected by a Selection Board which prepared a merit list based on the ranking secured at t…
N. KRISHNAMACHARIversusTHE MANAGING DIRECTOR APSRTC, HYDERABAD AND ORS.
1994 INSC 31612 August 1994Dismissed
The Government of Andhra Pradesh issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a bus‑stand complex, followed by a declaration under Section 6. Several writ petitions were filed challenging the acquisition, and the Andhra Pradesh State Road Transport Corporation (APSRTC),…
UNITED BANK OF INDIAversusCOOKS AND KELVEY PROPERTIES (P) LTD.
1994 INSC 20912 May 1994Appeal(s) allowed
United Bank of India leased premises from Cook's and Kelvey Properties and allowed its employees' trade union to occupy the premises for union activities without the landlord's consent. The bank did not receive any rent from the union, maintained the premises, paid electricity charges, and retained the power to ask the…
BISHAMBER DASS KOHLI (DEAD) BY LRS.versusSMT. SATYA BHALLA
1993 INSC 1112 January 1993Appeal(s) allowed
The landlord leased a premises in Chandigarh to the tenant for residential use, but the tenant's husband, a lawyer, set up a small office in part of the premises. The landlord sought eviction under section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user without written consent. The…
STATE OF HARYANA AND ANR.versusRAGHUBIR DAYAL
1994 INSC 51110 November 1994Appeal(s) allowed
The State of Haryana appealed a High Court order that had set aside a land acquisition on the ground that the substance of the notification under Section 4(1) and the declaration under Section 6 of the Land Acquisition Act, 1894, were not published in the locality. The Supreme Court examined whether the word “shall” in…
DR. GANGA PRASAD VERMA ETC.versusSTTE OF BIHAR AND ORS. ETC.
1994 INSC 51210 November 1994Dismissed
Dr. Ganga Prasad Verma, an Assistant Professor, was promoted to Associate Professor in Neuro‑Surgery, a promotion challenged on the ground that he lacked the M.Ch. qualification required for the post. The High Court set aside the promotion and ordered a fresh consideration in light of the Supreme Court’s decision in Dr…
TEJ SINGHversusSTATE OF RAJASTHAN AND ORS.
1994 INSC 20210 May 1994Disposed off
Tej Singh, a Gram Sewak, obtained an allotment of five bighas of government land in 1968 under the Rajasthan Colonisation (Medium & Minor Irrigation Projects Government Lands Allotment) Rules, 1968. In 1980 the Additional Collector cancelled the allotment under Rule 17‑A, alleging that Singh had concealed his employmen…
THE STATE OF PUNJABversusAVTAR SINGH AND ORS.
1994 INSC 5939 December 1994Appeal(s) allowed
The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition (Amendment) Act, 1984, to …
KARSONDAS VIRJI THAKKAR AND ANR.versusJAGANNATH SOWAR VAITY AND ORS.
1994 INSC 5949 December 1994Disposed off
In Suit No. 252/80 filed by K.V. Thakkar and others, the High Court appointed a Court Receiver to take custody of the disputed property. In a separate Suit No. 983/90 filed by Jagannath Sowar Vaity and others for declaration of title, three successive judges ordered that the same Court Receiver continue to hold the pro…
N. JAYALAKSHMI AMMAL AND ORS.versusR. GOPALA PATHAR AND ANR.
1994 INSC 3749 September 1994Dismissed
The case concerned a joint Hindu family property acquired in 1928 by Govindaswamy and his brother Srinivasa. Govindaswamy disappeared after August 1930 and was not heard of thereafter. His wife, Kasambu Ammal, executed a sale deed in 1970 in favour of Nataraja Iyer, while Srinivasa executed a separate sale deed the sam…
MR. ASHOK KUMAR AND ORS.versusDELHI DEVELOPMENT AUTHORITY
1994 INSC 3759 September 1994Dismissed
The petitioners, Ashok Kumar and others, filed a writ petition under Article 32 of the Constitution seeking mandamus against the Delhi Development Authority, alleging that a letter dated 1 July 1994 required them to pay excess amounts for plots. The petition was filed after a prior order passed by the Supreme Court und…
STATE OF ORISSA AND ORS.versusJOY PRAKASH PANDA AND ANR.
1994 INSC 3789 September 1994Dismissed
The State of Orissa introduced a rehabilitation scheme on May 28, 1985, to provide appointment to a family member of a non‑government primary school teacher who dies or becomes permanently disabled while in service. The respondent's father, a teacher, was murdered on September 15, 1984, i.e., before the scheme commence…
NISAR AHMAD AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.
1994 INSC 3799 September 1994Dismissed
The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The Supreme Court examined ea…
CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY AND ANR.versusM/S. DOMINION LAND AND INDUSTRIES LTD. AND ANR.
1995 INSC 3509 May 1995Appeal(s) allowed
The State of West Bengal acquired about 8.9 bighas of land for the Calcutta Metropolitan Development Authority under the Calcutta Improvement Act and the Land Acquisition Act. The landowner, Dominion Land & Industries Ltd., claimed compensation and cited an agreement to sell dated 3 September 1975 with Kalidas Chakrabo…
TARUN BHARAT SINGH, ALWARversusUNION OF INDIA AND ORS.
1994 INSC 5028 November 1994Disposed off
The petitioner, Tarun Bharat Singh, sought criminal contempt proceedings against Dr. Upendra Dublish and Advocate Ratan Katyani for threatening and using abusive language towards a senior Supreme Court advocate during a protest against mining restrictions in the Sariska Tiger Reserve. The Supreme Court examined affidav…
M/S. S.G. GLASS WORKS PRIVATE LTD.versusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS
1994 INSC 5048 November 1994
S.G. Glass Works Private Ltd manufactured glassware manually, using compressed air only in the second mould. The Department issued a show‑cause notice classifying the goods under serial No.1 of Notification No. 329/77, which attracted a higher excise duty, but the appellant argued that the use of compressed air, even i…
P. CHINNANNA AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1994 INSC 3018 August 1994
The State of Andhra Pradesh, invoking urgency under Section 17 of the Land Acquisition Act, 1894, acquired 6 acres 29 guntas of land for a market yard in 1977, publishing a Section 4(1) notification and a Section 6(1) declaration, and took possession in 1978, vesting the land in the State. The appellants, who claimed t…
SHRI SWAROOP NARAIN SRIVASTAVAversusTHE IVTH ADDL. DISTRICT JUDGE AND ORS.
1994 INSC 3028 August 1994
The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application for re‑allotment of t…
THE STATE OF M.P. AND ORS.versusRAGUVEER SINGH YADAV AND ORS.
1994 INSC 3048 August 1994Appeal(s) allowed
The State of Madhya Pradesh issued a 1987 notification for recruitment of Inspectors of Weights and Measures with qualifications including Arts, Commerce, Science, Engineering or a Diploma. Written examinations were held and results declared in August 1989, after which interview cards were issued. Subsequently, the Gov…
SHYAM BABU VERMA AND ORS.versusUNION OF INDIA AND ORS.
1994 INSC 538 February 1994
The petitioners, appointed as Pharmacists Grade‑B in the Northern Railway Central Hospital, were placed in the higher pay scale of Rs 330‑560 despite being qualified only under clause (d) of Section 31 of the Pharmacy Act, 1948, which entitled them to the lower scale of Rs 330‑480. In 1984 they were ordered to be shift…
RAM DULARversusDY. DIRECTOR OF CONSOLIDATION, JAUNPUR AND ORS.
1994 INSC 558 February 1994
The appellant claimed a half‑share in ancestral land based on his lineage and long‑term possession, which the Consolidation Officer and Settlement Officer recognized. The Deputy Director of Consolidation, exercising power under Section 48 of the U.P. Consolidation of Holdings Act, 1953, reversed those findings, allegin…
JAENENDRA KUMAR PHOOLCHAND DAFTARIversusRAJENDRA RAMSUKH MISHRA
1993 INSC 3847 December 1993
The appellant, J.P. Daftari, was elected Sarpanch of Seloo Gram Panchayat by secret ballot, but the election was set aside by the Collector because no member had demanded a secret ballot, as required by Rule 10(2) of the Bombay Village Panchayat (Sarpanch and Upa‑Sarpanch) Election Rules, 1964. The Commissioner upheld …
BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ANR.versusBOMBAY FLOUR MILLS PVT. LTD. AND ANR.
1994 INSC 4587 October 1994Appeal(s) allowed
The respondent imported 63 cases of rolling mills at the Port of Calcutta, which were unloaded at the appellant's Netaji Subhas Docks, and after paying demurrage failed to clear the goods. Seeking a waiver of port charges, the respondent was refused and consequently filed a suit in the District Court, Bharatpur, Rajast…
STATE OF MIZORAMversusBIAKCHHAWNA
1994 INSC 4597 October 1994Appeal(s) allowed
The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. BiaKchhawna then instituted a…
SUKHPAL SINGH AND ORS.versusPUNJAB STATE AGRICULTURAL MARKETING BOARD AND ORS.
1994 INSC 3657 September 1994Dismissed
The Market Committee of Shri Hargobindpur Sahib appointed several persons to regular posts after a newspaper advertisement. The Punjab State Agricultural Marketing Board later reviewed and terminated those appointments. The terminated appointees filed a writ petition challenging the cancellation, alleging lack of notic…
SMT. RADHIKAversusAGHNU RAM MAHTO
1994 INSC 3667 September 1994Appeal(s) allowed
The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, granting the husband an equ…
SMT. LABANYA BALA DEVI AND ORS.versusTHE STATE OF BIHAR PATNA SECRETARIAT, PATNA AND ORS.
1994 INSC 3677 September 1994Dismissed
The appellants filed a suit claiming a Raiyati right over a tank and its surrounding land in Bihulia village, based on a settlement obtained from the former jamindar in 1943. The trial court declared that the appellants held such a right, but the District Judge reversed the decision, holding that the land vested in the…
STATE OF ANDHRA PRADESH AND ORS.versusM/S. ANUPAMA MINERALS ETC. ETC.
1994 INSC 3687 September 1994Appeal(s) allowed
The State of Andhra Pradesh and others granted mining leases to Mis. Anupama Minerals under Rule 31 of the A.P. Mining Rules, 1966. After the Forest Conservation Act, 1980 came into force, the respondents applied for renewal of the leases. The State Government refused renewal, invoking the prohibition in Section 2 of t…
STATE OF UTTAR PRADESH AND ORS.versusSHEOPAT RAI AND ORS.
1993 INSC 2857 September 1993Appeal(s) allowed
The Uttar Pradesh Government, by the Excise (Amendment) Ordinance 1972, inserted Section 24‑A in the Uttar Pradesh Excise Act, 1910, enabling it to grant shop licences for the retail sale of foreign liquor on the basis of a 'licence fee' (auction highest bid) or a 'fixed fee' (determined by the Excise Commissioner). Th…
PRASHANT RAMACHANDRA DESHPANDEversusMARUTI BALARAM HAIBATTI
1995 INSC 2577 April 1995
The appellant, a tenant, had his revision petition dismissed by the Karnataka High Court for failing to comply with Section 29(1) of the Karnataka Rent Control Act, 1961, and gave an undertaking to vacate the premises within six months. He subsequently filed a Special Leave Petition (SLP) under Article 136 of the Const…
SATYAPAL SINGHversusTHE HARYANA STATE SUBORDINATE SELECTION BOARD AND ORS.
1994 INSC 1477 April 1994Disposed off
The appellant, Satyapal Singh, a 40% disabled ex‑serviceman, was appointed on an ad‑hoc basis as Technical Tracer and was recommended by the Haryana Rajya Sainik Board for regular appointment. The Haryana State Subordinate Services Selection Board, however, did not recommend his regularisation because he failed to obta…
U.P JAL NIGAM AND ANR.versusNARESHWAR SAHAI MATHUR AND ANR.
1994 INSC 4506 October 1994Appeal(s) allowed
The case concerned a promotion grievance of government servants in U.P. Jal Nigam, where the petitioners sought relief through a writ under Article 226 of the Constitution instead of first approaching the specially constituted U.P. Public Service Tribunal. The Allahabad High Court had earlier directed the parties to av…
STATE OF BIHAR AND ORS.versusBAGESHWARI PRASAD AND ANR.
1994 INSC 4516 October 1994Appeal(s) allowed
The Supreme Court examined a dispute concerning promotion of a reserved‑category employee to the post of Office Superintendent in Bihar. The State had issued a circular with a roaster that earmarked the second vacancy for Scheduled Castes and the fourth for Scheduled Tribes, while other vacancies were unreserved. The r…
NOORDUDDINversusDR. K.L. ANAND
1994 INSC 4526 October 1994Appeal(s) allowed
The appellant, Noorduddin, claimed an independent right, title and interest in land (Khasra No.179) that he alleged was part of his ancestral property and not covered by the sale of evacuee lands (Khasra Nos.13 and 14) to Dr. K.L. Anand. The respondent sought possession of the latter parcels under a decree, and the app…
DALIP CHAND AND ORS.versusUNION OF INDIA AND ORS.
1994 INSC 3626 September 1994Appeal(s) allowed
In 1928 a non‑agriculturist tribe sold 60 bighas of land, now in Pakistan, to the appellants, and mutation was effected in their favour in 1932. After the vendor’s caste was later notified as an agricultural tribe, the authorities attempted to review the mutation, treating the appellants as mortgagees. The appellants m…
KARNAIL SINGHversusTHE STATE OF PUNJAB AND ANR.
1994 INSC 3636 September 1994Appeal(s) allowed
The appellants, head constables who had completed intermediate and upper school police training, were temporarily promoted to Sub‑Inspectors and placed on the 'G' list. After completing the upper school course in 1984 they were not placed on the 'E' list and were reverted to head constable, while two junior colleagues …
S. SATYAPAL REDDY ETC.versusGOVT. OF A.P. AND ORS.
1994 INSC 1966 May 1994Dismissed
The appellants, holders of diplomas in Mechanical Engineering, applied for the post of Assistant Motor Vehicles Inspector in Andhra Pradesh but were rejected because the State's Transport Subordinate Service Rules required a degree. They challenged the State rule, arguing that the Motor Vehicles Act, 1988 (Section 213(…
CIT, MADRASversusBRAKES INDIA LTD.
1993 INSC 1416 April 1993Dismissed
Brakes India Ltd paid a foreign technical director a total remuneration of Rs 66,000, of which Rs 28,576 were perquisites. The Assessing Officer disallowed the portion of perquisites exceeding one‑fifth of the salary under Section 40(c)(iii) of the Income‑Tax Act, 1961. The Appellate Assistant Commissioner allowed the …
STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA
1995 INSC 106 January 1995Disposed off
Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, reverted Misra to the pos…
M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.
1995 INSC 116 January 1995Dismissed
The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, and, after receiving no…
M/S. SITARAM AND BROS.versusSTATE OF RAJASTHAN AND ORS.
1994 INSC 4445 October 1994Dismissed
The petitioners challenged the Rajasthan Excise Amendment Act, 1985, which added Section 17A and the class "Mollasses" to Section 41(2)(d) of the Rajasthan Excise Act, 1950, alleging that it conflicted with the central Mollasses Control Order, 1961 made under the Industries (Development and Regulation) Act, 1951. The S…
SELVARAJANversusMEENAKSHI AMMAL
1994 INSC 4455 October 1994Dismissed
The petitioner, an agriculturist, sought to have arrears of rent, which had been transformed into a debt by a decree against his father (who was a surety), scaled down under Section 19 of the Tamil Nadu Agriculturists Relief Act, 1938 (as amended 1973). The respondent argued that rent is expressly excluded from the def…
SUKALU RAM GONDversusSTATE OF MP AND ORS.
1994 INSC 3005 August 1994Disposed off
In a criminal petition, the parties consented to refer a dispute between the petitioner and Respondent No.3 to an arbitrator, limiting the reference to those two parties. The arbitrator, however, issued an award holding Respondent No.5 liable for a sum, despite Respondent No.5 not being a party to the reference. Respon…
SABARKANTHA ZILLA KHARID V. SANGH LTDversusCOMMISSIONER OF INCOME TAX
1993 INSC 2565 August 1993Dismissed
Sabarkantha Zilla Kharid Vechan Sangh Ltd., a cooperative society dealing in agricultural implements, seeds, livestock and other articles, claimed exemption from income‑tax on its profits and gains under Section 81(i)(d) of the Income Tax Act, 1961. The Income‑Tax Officer held that the exemption applied only to the por…
G.B. PANT AGRICULTURAL AND TECHNOLOGY UNIVERSITYversusKESHO RAM
1994 INSC 1935 May 1994
Kesho Ram was appointed as a temporary Assistant Block Superintendent at G.B. Pant Agricultural & Technology University in 1972 with a contract allowing termination on one month's notice. He was dismissed in 1976 for irregular attendance without a prior inquiry, and he sued for a declaration that the termination was il…
STATE OF M.P.versusSH. L.P. TIW ARI
1994 INSC 1945 May 1994Appeal(s) allowed
The State of Madhya Pradesh suspended Executive Engineer L.P. Tiwari on 24 April 1990 and framed a charge‑sheet on 5 July 1990, but the charge‑sheet was not served until after the 90‑day period prescribed by Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 because the respond…
COMMISSIONER, FOOD AND CIVIL SUPPLIES,LUCKNOW, U.P. AND ANOTHERversusPRAKASH CHANDRA SAXENA AND ANOTHER
1994 INSC 1955 May 1994
The Commissioner of Food and Civil Supplies terminated the services of Prakash Chandra Saxena, a temporary government servant of nearly 20 years, by a non‑speaking order without conducting any enquiry. The Service Tribunal held that such termination amounted to punishment and violated Article 311(2) of the Constitution…
UNION OF INDIA AND ANR.versusDISTRICT JUDGE, UDHAMPUR AND ORS.
1994 INSC 1425 April 1994Appeal(s) allowed
The Union of India sought compensation for land requisitioned by the State of Jammu & Kashmir for an air‑field extension. The competent authority fixed market value, solatium and interest, but the local officer required approval of the Union of India, which was never obtained. The Union invoked Section 8 of the Jammu &…
BHANWAR LALversusSATYANARAIN AND ANR.
1994 INSC 4314 October 1994Appeal(s) allowed
The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court directed him to file…
KONDIRAM BIKHU KIRDATversusKRISHNA BIKHU KIRDAT
1994 INSC 4324 October 1994Case Partly allowed
The appellant Kondiba and the plaintiff Krishna, brothers belonging to a Hindu joint family, filed a suit for partition of several properties. The trial court limited the decree to two items, while the appellate court ordered partition of all suit properties subject to the appellant contributing half the price of three…
KHUSHAL CHAND SWARUP CHAND ZABAK JAINversusSURESH CHANDRA KANHIYALAL KOCHAR AND ANR.
1994 INSC 4334 October 1994Dismissed
Raja Bai executed a registered gift deed on 20 June 1957 in favour of Suresh Chandra, retaining possession and enjoyment of the property for her lifetime. She later executed a registered will on 27 December 1965 bequeathing the same property to the appellant. After her death in May 1966, the appellant sued for declarat…
JAINULABUDEEN AND ORS.versusTHE GOVT. OF TAMIL NADU AND ORS.
1994 INSC 1904 May 1994Appeal(s) allowed
The State of Tamil Nadu issued a notification under the Land Acquisition Act, 1894 to acquire land for establishing a taluk office, sub‑treasury and a college of music. The petitioners challenged the acquisition, arguing that the proposed public purpose was no longer required and that suitable land nearer to the intend…
K. PERIASANIversusSUB-TEHSILDAR (LAND ACQUISITION)
1994 INSC 1914 May 1994
The appellant, a landowner, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894 for a housing scheme. The acquisition officer had initially fixed the market value at Rs. 92 per cent, which the civil court enhanced to Rs. 800 per cent on reference under Section 18. The High Court a…
PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR.versusSTATE OF KERALA AND ANR.
1993 INSC 3823 December 1993
The petitioners, members of the Thandan community in the erstwhile Malabar (Palghat) district of Kerala, challenged the State Government's 1987 order that sought to exclude them from Scheduled Caste (SC) status despite their inclusion in the Constitution (Scheduled Castes) Order. The State argued that Thandans in the M…
STATE OF TAMIL NADUversusT.V. VENUGOPALAN
1994 INSC 2983 August 1994Appeal(s) allowed
The respondent, a government employee who entered service in 1952, sought correction of his date of birth a year before his scheduled superannuation, claiming his father had recorded it incorrectly. The State rejected the application, and the Administrative Tribunal set aside the rejection, directing an extension of se…
SALES TAX COMMISSIONER ETC. ETC.versusB.G. PATEL ETC. ETC.
1995 INSC 33 January 1995Dismissed
The case concerned promotion of senior clerks belonging to Scheduled Tribes in Gujarat civil services. Several posts reserved for STs were vacant because no candidates possessed the full experience prescribed in Rule 11‑A of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1985. The respondent…
U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.
1994 INSC 5742 December 1994Appeal(s) allowed
The respondents, appointed ad‑hoc as Assistant Engineers in the U.P. Local Self‑Government Engineering Department, sought inter‑seniority determination. The Allahabad High Court directed the preparation of a fresh seniority list based on a merit list, but the original record could not be traced, leading to the constitu…
STATE OF U.P. AND ANR.versusDR. S.K. SINHA AND ORS.
1994 INSC 5752 December 1994Appeal(s) allowed
Dr. L.B. Sinha, a regular lecturer, went on study leave and Dr. S.K. Sinha was appointed as a temporary lecturer against the leave vacancy. The appointment letter expressly stated that the post was temporary, terminable on 24‑hour notice and salary contingent on UGC funds. When Dr. L.B. Sinha returned, the college canc…
SUGAN CHANDversusTHE DY. DIRECTOR OF CONSOLIDATION, DEHRADUN/SAHARANPUR, U. P. AND ORS.
1994 INSC 5762 December 1994Appeal(s) allowed
Sugan Chand filed a suit under Section 229‑B of the U.P. Zamindari Abolition Act, 1951, claiming possession of certain plots. The trial court and the first appellate court recorded a finding in his favour. While a second appeal was pending, a notification under Section 5 of the U.P. Consolidation of Holdings Act, 1953 …
KISHAN SINGHversusSTATE OF UTTAR PRADESH
1992 INSC 2972 November 1992Appeal(s) allowed
Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor his counsel appeared, …
HARNAM SINGH (DEAD) THROUGH LRS ETCversusSMT. KHEMA KUNWAR (DEAD) THROUGH LRS AND OTHERS
1994 INSC 1822 May 1994
The case concerned whether a widow, classified as a disabled person under Section 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, could be treated as a "land‑holder" under Section 21(1)(h) and thereby render her tenants Asamis. The widow, Smt. Khema Kunwar, had executed a thekanama in 1939 in favour …
MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.versusTHE CENTRAL BANK OF INDIA AND ANR. ETC.
1994 INSC 1832 May 1994
The Bombay Municipal Corporation (BMC) widened public streets and acquired portions of land under sections 298 and 299 of the Bombay Municipal Corporation Act, 1888. The Commissioner offered Rs 80 per square yard as compensation, which the owners rejected; the Court of Small Causes awarded market‑value compensation of …
DR. UMRAO SINGH CHOUDHARYversusSTATE OF M.P. AND ANR.
1994 INSC 1842 May 1994
Dr. Umrao Singh Choudhary was appointed Vice‑Chancellor of Devi Ahilya Vishwavidyalaya under section 13 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. On 21 January 1994 the Governor, exercising power under section 52(1) of the same Act, issued a notification that the Vice‑Chancellor should vacate office, causi…
STATE OF GUJARATversusVORA SAIYEDBHAI KADARBHAI AND ORS.
1995 INSC 1592 March 1995Appeal(s) allowed
The Gujarat Rural Debtors Relief Act, 1976 was enacted to protect poor rural debtors from exploitation by non‑institutional money‑lenders. Section 14(2) provides that when a debtor’s debt is discharged or reduced, any property pledged as security must be released and returned to the debtor. The Gujarat High Court struc…
DEEP CHAND AND ORS.versusLAND ACQUISITION OFFICER AND ORS.
1994 INSC 402 February 1994Dismissed
The State Government acquired 2 acres 46 cents of land belonging to Deep Chand, who objected under Section 49(1) of the Land Acquisition Act, 1894, insisting that the whole property, including his factory and office, should be taken. The Collector referred the dispute to the Civil Court, which held that the land to be …
STATE OF ORISSAversusSANGRAM DAS
1995 INSC 12 January 1995Appeal(s) allowed
The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed to the Supreme Cour…
BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.
1995 INSC 22 January 1995Dismissed
Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway Claims Tribunal dismi…
AMAR CHANDversusBHANO AND ANR.
1994 INSC 5701 December 1994Appeal(s) allowed
Amar Chand had stood as a surety for a decree of Rs.10,000, which included mesne profits, owed by the principal debtor Dia Singh to the decree holder. The decree holder later entered into a compromise with Dia Singh, recording it without any reference to the surety. The question before the Supreme Court was whether the…
KRISHI UTPADAN MANDI SAMITI AND ANR.versusMAKRAND SINGH AND ORS. ETC.
1994 INSC 5711 December 1994Appeal(s) allowed
The State notified certain lands for acquisition in the Gazette on 19‑02‑1982 and later issued a declaration under Section 6(1) of the Land Acquisition Act, publishing it in the Gazette on 07‑02‑1985, in newspapers on 04‑06‑1987 and by local notice thereafter. The owners challenged the declaration, arguing that the thr…
UNION OF INDIA THROUGH SECRETARY AND ANR. ETC.versusRAHUL RASGOTRA AND ORS. ETC.
1994 INSC 381 February 1994
The Union of India appealed against two orders of the Central Administrative Tribunal that had allowed the challenges of cadre allocations made to two Indian Police Service probationers who had been granted exemption from training. Rahul Rasgotra, selected in 1988, was allotted a joint Manipur‑Tripura cadre in December…