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Supreme Court of India

O CHINNAPPA REDDY

190 judgments delivered by benches including this judge.

SHIVRAM ANAND SHIROORversusRADHABAI SHANTRAM KOWSHIK AND ANOTHER

1984 INSC 2231 January 1984Appeal(s) allowed

Shivram, a retired member of the armed forces, inherited a flat in 1964 that was already let to a tenant. He filed an eviction suit in 1971 on grounds of default and personal requirement. While the suit was pending, the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 was amended in 1975 to include Section

K.R. MUDGAL & ORS.versusR.P. SINGH & ORS.

1986 INSC 21030 September 1986

The case concerned the fixation of seniority among Assistants in the Intelligence Bureau, where various Office Memoranda (1940, 1949, 1959) had successively altered the basis for seniority. Petitioners (direct recruits of 1957) filed a writ in 1976 challenging seniority lists that placed earlier departmental assistants

M/S. AMAR NATH OM PARKASH AND ORS. ETCversusSTATE OF PUNJAB AND ORS. ETC.

1984 INSC 22129 November 1984Dismissed

The Supreme Court examined the constitutional validity of Section 23‑A of the Punjab Agricultural Produce Markets Act, which permits market committees to retain market fees collected in excess of the statutory rate when the burden has been passed on to the next purchaser. The appellants argued that the provision was an

BHAICHAND RATANSHIversusLAXMISHANKER TRIBHOYAN

1981 INSC 13329 July 1981Appeal(s) allowed

The plaintiff, a merchant displaced from Uganda, filed a suit under section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 seeking eviction of the defendant who had licensed another person to occupy the shop as a godown. The defendant argued that eviction would cause him greater hardship

STATE OF MAHARASHTRAversusRAMDAS SHRINIVAS NAYAK & ANR.

1982 INSC 5728 July 1982Dismissed

The State of Maharashtra filed a Special Leave Petition under Article 136 challenging a Bombay High Court order that the Governor should exercise his own discretion, not the advice of the Council of Ministers, when deciding whether to grant sanction under Section 6 of the Prevention of Corruption Act for the prosecutio

KAVITA W/O SUNDER SHANKARDAS DEVIDASANI ETC.versusSTATE OF MAHARASHTRA & ORS. ETC. ETC.

1981 INSC 13028 July 1981Dismissed

The husband of petitioner Kavita was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent alleged smuggling. He made representations against his detention, which were rejected, and the Advisory Board later reported sufficient cause to

GASKET RADIATORS PVT. LTDversusEMPLOYEES STATE INSURANCE CORPN. & ANR.

1985 INSC 4128 February 1985Dismissed

Gasket Radiators Pvt. Ltd., incorporated in 1964, was initially exempted from paying the special contribution imposed by Chapter V‑A of the Employees' State Insurance Act, 1948, until the scheme was extended to its area. The exemption was withdrawn on 31 May 1969 and the company challenged the liability, arguing that t

HEM LALL BHANDARIversusSTATE OF SIKKIM AND OTHERS

1987 INSC 2528 January 1987Case Allowed

The petitioner, H.L. Bhandari, was detained under Section 3 of the National Security Act, 1980 on 25 September 1986 and served with the detention order on 29 September 1986. A habeas corpus petition was filed and the Bombay High Court stayed the detention, but the stay could not be served before the petitioner was flow

OM PARKASH AGARWAL ETC.ETC.versusGIRL RAJ KISHORI & ORS. ETC.ETC.

1986 INSC 828 January 1986Appeal(s) allowed

The appellants, dealers in agricultural produce operating in notified market areas of Haryana, challenged the Haryana Rural Development Fund Act, 1983 which imposed a 1% cess on the sale proceeds of agricultural produce and credited the amount to a state‑vested fund for rural development. They contended that the levy w

D. RAMASWAMIversusSTATE OF TAMIL NADU

1982 INSC 928 January 1982Appeal(s) allowed

D. Ramaswami, a Tamil Nadu government servant, rose from clerk to Deputy Commissioner of Commercial Taxes and Member of the Sales Tax Appellate Tribunal. An adverse entry in his confidential file in 1969 alleged misconduct, but a vigilance enquiry later cleared him and the government dropped all charges on 29 November

DURGACHARAN MISRAversusSTATE OF ORISSA & ORS.

1987 INSC 22827 August 1987Case Allowed

The petitioner, D. Misra, secured 470 marks in the written exam and 30 marks in the viva‑voce for the Probationary Munsif post, but was omitted from the select list prepared by the Orissa Public Service Commission. The Commission had introduced a rule requiring a minimum 30% score in the viva‑voce, based on the advice

BIMAL CHAND JAINversusSRI GOPAL AGARWAL

1981 INSC 12927 July 1981Appeal(s) allowed

The respondent, a lessor, sued the appellant, a lessee, for ejectment and recovery of arrears of rent. Under Rule 5 of Order XV of the CPC, the appellant was required to deposit the admitted rent and make regular monthly deposits; failure to do so made his defence liable to be struck off, subject to a representation un

UNION OF INDIA AND OTHERSversusOSWAL WOOLLEN MILLS LTD. AND OTHERS

1984 INSC 7027 March 1984Appeal(s) allowed

The Union of India challenged an ex parte interim stay order and a contempt rule granted by the Calcutta High Court in a writ petition filed by Oswal Woollen Mills Ltd. seeking to restrain the Union from enforcing a clause‑8B order under the Import Control Order, 1955, and to permit re‑export of a consignment of beef t

CHAMPALAL POONAJI SHAHversusSTATE OF MAHARASHTRA

1982 INSC 727 January 1982Dismissed

The petitioner was convicted by a Presidency Magistrate for offences under IPC 120B, the Customs Act and related rules and sentenced to imprisonment of two to four years with a fine. The High Court set aside the conviction, but the Supreme Court restored it. The petitioner had earlier been preventively detained under t

STATE OF MAHARASHTRAversusBABURAO RAVAJI MHARULKAR & ORS.

1984 INSC 19826 October 1984Case Partly allowed

The State of Maharashtra prosecuted Baburao Ravaji Mharulkar and others for selling ice cream that contained only 5.95% milk fat, below the 10% minimum prescribed by Paragraph A.11.02.08 of Appendix B to the Prevention of Food Adulteration Rules, 1955. The trial court acquitted the respondents, holding that the rule wa

PANIPAT WOOLLEN & GENERAL MILLS CO. LTD. & ANOTHERversusUNION OF INDIA & OTHERS

1986 INSC 20326 September 1986Dismissed

Panipat Woollen & General Mills Co. Ltd. had two textile mills that were placed under liquidation and closed in May 1972. The mills were listed as "sick textile undertakings" in the First Schedule of the Sick Textile Undertakings (Taking Over of Management) Act, 1972, causing their management to vest in the Central Gov

REGIONAL PROVIDENT FUND COMMISSIONER, KARNATAKAversusWORKMEN REPRESENTED BY THE GENERAL SECRETARY, KARNATAKA PROVIDENT FUND EMPLOYEES UNION & ANR.

1984 INSC 17726 September 1984Appeal(s) allowed

The Karnataka Government referred a dispute between the Regional Provident Fund Organisation (established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952) and its employees to an Industrial Tribunal under section 10 of the Industrial Disputes Act, 1947. The management challenged the referenc

KERALA STATE ELECTRICITY BOARD, ETC.versusS.N GOVINDA PRABHU & BROTHERS AND OTHERS ETC.

1986 INSC 17826 August 1986Appeal(s) allowed

The Kerala State Electricity Board (KSEB) revised its electricity tariffs in 1980, 1982 and 1984, which the consumers challenged on the ground that the Board exceeded its authority under Section 59 of the Electricity Supply Act, 1948 by fixing a price structure that generated a surplus beyond covering only expenses pro

EX. CAPT. K.C. ARORA AND ANOTHERversusSTATE OF HARYANA AND OTHERS

1984 INSC 9426 April 1984Case Allowed

During the 1962 national emergency, the Punjab Government framed the National Emergency (Concessions) Rules, 1965, granting ex‑military personnel benefits such as seniority when they joined civil service. The petitioners, former army officers appointed as Assistant Engineers in Haryana, claimed seniority based on their

RAMESH KUMARversusRAM KUMAR & ORS.

1984 INSC 9526 April 1984Appeal(s) allowed

Ramesh Kumar and Ram Kumar were convicted by a Sessions Judge under Section 302 read with Section 34 of the Indian Penal Code for murder and sentenced to life imprisonment. On appeal, the Punjab and Haryana High Court, relying on a claim that Ram Kumar had gifted three acres of land to the victim's widow as compensatio

GIRDHARI LAL & SONSversusBALBIR NATH MATHUR & ORS.

1986 INSC 2326 February 1986Appeal(s) allowed

The appellant, Giradhari Lal & Sons, occupied premises as sub‑tenants of M/s Om Prakash & Co., which itself was the tenant of the landlord, Balbir Nath Mathur. The landlord obtained an ex parte eviction decree against the tenant, and the appellant sought protection under Sections 17 and 18 of the Delhi Rent Control Act

WEST BENGAL STATE ELECTRICITY BOARD & ORS.versusDESH BANDHU GHOSH AND ORS.

1985 INSC 3426 February 1985Dismissed

The West Bengal State Electricity Board terminated a permanent employee under Regulation 34, which allowed dismissal with three months' notice or salary in lieu, without giving any reasons. The employee challenged the termination in a writ petition, and the Calcutta High Court struck down Regulation 34 as arbitrary and

ASHARAM M. JAINversusA. T. GUPTA AND OTHERS

1983 INSC 10325 August 1983Disposed off

Asharam M. Jain filed a Special Leave Petition under Art. 136, alleging that the Chief Justice of the Maharashtra High Court and another judge had acted with bias and prejudice. The petition contained vitriolic accusations that the judges had deliberately harmed the petitioner and obstructed justice. The Supreme Court

SADHU RAMversusDELHI TRANSPORT CORPORATION

1983 INSC 10425 August 1983Appeal(s) allowed

Sadhu Ram, a probationary bus conductor, was terminated by the Delhi Transport Corporation. After a failed conciliation, the Conciliation Officer reported to the Delhi Administration under s.12(5) of the Industrial Disputes Act, and the Government referred the matter to the Labour Court, which held that a valid demand

RAJA MALLAIAH AND ANR.versusANIL KISHORE AND ORS.

1980 INSC 9525 April 1980Dismissed

The case concerned the auction of 78 arrack‑shops in Hyderabad and Secunderabad under the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969. The Collector, acting as auctioning authority, first auctioned the shops individually, then in two groups, and finally as a single lot, contrary to the p

SHRISHAIL NAGESHI PAREversusSTATE OF MAHARASHTRA

1985 INSC 6725 March 1985Dismissed

The first accused in State of Maharashtra v. Shrishail Nageshi Pare was convicted of murder under Section 302 of the IPC by the Sessions Judge, a decision affirmed by the High Court. He filed Special Leave Petition (Criminal) No. 372 of 1985, challenging the High Court's view that an eye‑witness account was merely one

RAM CHANDERversusSTATE OF HARYANA

1981 INSC 4725 February 1981Appeal(s) allowed

Ram Chander was convicted of murder under Sections 302 and 34 of the IPC and sentenced to life imprisonment. On appeal, the High Court upheld his conviction while acquitting a co‑accused. The appellant argued that the Sessions Judge had violated the principle of a fair trial by rebuking and threatening key eyewitnesses

UTKAL CONTRACTORS & JOINERY (P) LTD. & ORS.versusSTATE OF ORISSA

1987 INSC 26524 September 1987Dismissed

The petitioners, holders of long‑term licences to collect sal seeds from forest divisions in Orissa, challenged a 1982 State notification that they claimed rescinded their royalty contracts. The Supreme Court had earlier held that the 1981 Forest Produce Act and the notification did not apply to forest produce grown in

HARISHANKERversusBOARD OF REVENUE, U.P. & ORS.

1987 INSC 26424 September 1987Appeal(s) allowed

The case concerned a suit filed by Hari Shanker, a land holder under the United Provinces Tenancy Act, 1939, against his tenant Habib for sub‑letting the land to Ida for a period exceeding five years, contrary to Section 40 of the Act. The suit, instituted under Section 171, was decreed in favour of Hari Shanker, but t

BHAGIRATH KANORIA & ORS. ETCversusSTATE OF M.P. & ORS. ETC.

1984 INSC 15824 August 1984Dismissed

The Provident Fund Inspector filed complaints against the directors and factory manager of Burhanpur Tapti Mills Ltd for failing to pay the employer's contribution to the Employees' Provident Fund and Family Pension Fund Act, 1952, for the period February 1970 to June 1971. The accused contended that the complaint was

SHANTILAL MANGANLAL AND ANR.versusCHUNNILAL RANCHODDAS THROUGH LRS. AND ORS.

1984 INSC 12824 July 1984Dismissed

In Shantilal Manganlal & Anr. v. Chunnilal Ranchoddas (1984), the petitioners filed a review application against the Supreme Court's order dismissing their Special Leave Petition, but the review petition contained no substantive grounds and merely promised to file them later. The petition was filed on 9 January 1984, a

SUMER CHAND SHARMA & ANR.versusSTATE OF U.P AND ANR. ETC.ETC.

1986 INSC 9224 April 1986Dismissed

The petitioners, private stage‑carriage operators, sought renewal of authorisations to ply over common sectors of routes that had been nationalised in the 1950s. Although a "practice" had developed allowing such operators to run over these sectors provided they did not pick up or set down passengers, the Uttar Pradesh

UNION OF INDIAversusBIDHUBHUSHAN MALIK AND OTHERS

1984 INSC 8924 April 1984Dismissed

The Supreme Court examined the constitutionality of the words "and who has retired on or after the 1st day of October 1974" (as printed in some versions as 1984) in paragraph 10 of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954 (as amended). The petitioners argued that the provision was v

N.L. ABHYANKAR AND OTHERS ETC.versusUNION OF INDIA

1984 INSC 9024 April 1984Case Allowed

The petitioners, former judges of the High Court and Supreme Court, challenged the denial of pensionary benefits under the Conditions of Service (Amendment) Act, 1976. The Supreme Court examined whether the amendment entitled all retired judges to pension benefits irrespective of their retirement dates and whether arre

STATE OF KARNATAKA ETC.versusSHRI RAMESHWARA RICE MILLS THIRTHAHALLI ETC.

1987 INSC 5924 February 1987

The State of Karnataka entered into agreements with private contractors that contained Clause 12, which stipulated that any damages for breach of conditions would be assessed by the State and could be recovered as arrears of land revenue under the Revenue Recovery Act. After a contractor was found to have short‑deliver

STATE OF HARYANAversusSHER SINGH & ORS.

1981 INSC 4624 February 1981Appeal(s) allowed

The State of Haryana charged Sher Singh and his two sons with the murder of Sher Singh's half‑brothers, alleging they assaulted and burned the victims in a village courtyard. The trial court convicted them under Sections 302 and 34 of the IPC, sentencing Sher Singh to death and the others to life imprisonment; the High

J. D. SHRIVASTAVAversusSTATE OF M. P. & OTHERS

1984 INSC 1824 January 1984Appeal(s) allowed

The appellant, a senior judicial officer, was compulsorily retired at age 55 under Fundamental Rule 56(3)(a) after a High Court Full Court meeting decided to screen officers for promotion. The High Court recommended his retirement and denied promotion, relying on some adverse confidential entries from about twenty year

J. K. BHARATIversusSTATE OF MAHARASHTRA AND ORS .

1984 INSC 12623 July 1984Dismissed

The petitioners challenged Maharashtra's ban on selling tickets of lotteries organized by the Indian Red Cross Society (Dadra and Nagar Haveli branch) that were authorized by that Union Territory's administration. They argued that the Bombay Lotteries (Control and Tax) and Prize Competition (Tax) Act, 1958, which exemp

H.S. SRINIVASA RAGHAVACHAR ETC. ETC.versusSTATE OF KARNATAKA & ORS.

1987 INSC 12823 April 1987Dismissed

The petitioners challenged the Karnataka Land Reforms (Amendment) Act, 1974, which removed a landlord's right to resume tenanted land for personal cultivation, omitted protective provisions for certain classes, created tribunals with members of unspecified qualifications, and barred advocates from appearing before them

H. ANRAJ AND OTHERS ETC.versusSTATE OF MAHARASHTRA

1984 INSC 1623 January 1984Appeal(s) allowed

The petitioners, agents for selling lottery tickets of other Indian states, challenged a press release by the Maharashtra Government that declared the sale of such tickets unlawful. They argued that the ban lacked constitutional authority because lotteries organised by any State or the Union fall under the exclusive le

EXECUTIVE ENGINEER IRRIGATION GALIMALA & ORS.versusABAADUTA JENA

1987 INSC 25922 September 1987Disposed off

The Supreme Court examined whether an arbitrator, appointed without court intervention, could award interest for the period before the reference and for the pendente lite period of the arbitration. It held that an arbitrator is not a court within the meaning of CPC s.34 and therefore cannot award pendente lite interest

THE WORKMEN OF M/S. BINNY LTD.versusTHE MANAGEMENT OF BINNY LTD. & ANOTHER

1985 INSC 18222 August 1985Appeal(s) allowed

The workmen of the former Binny & Co. Ltd., now employed by the amalgamated Binny Ltd., claimed a 20% bonus for the financial year 1969 based on a separate profit and loss account prepared for their original unit, which showed a substantial profit. The new company paid only a 4% bonus calculated on the consolidated pro

DEEPAK PAHWA ETC.versusLT. GOVERNER OF DELHI AND ORS.

1984 INSC 15222 August 1984Dismissed

The petitioners challenged a combined notification under Sections 4 and 17 of the Land Acquisition Act, 1894, and a declaration under Section 6, on two grounds: a 29‑day delay between the Gazette publication and the public notice of the notification, and an eight‑year inter‑departmental discussion suggesting no urgency

MOHAMMAD IDRIS AND ANR.versusRUSTAM JAHANGIR BABUJI AND OTHERS.

1984 INSC 15322 August 1984Dismissed

Petitioners Mohammad Joris and others were sentenced to one month in civil jail by a Single Judge of the Bombay High Court for contempt after breaching an undertaking given in a pending suit. They appealed to a Division Bench under Section 19(1) of the Contempt of Courts Act, 1971, but the appeal was dismissed. The pet

SAKHKKAR MILLS MAZDOOR SANGHversusGWALIOR SUGAR CO. LTD.

1985 INSC 3122 February 1985Appeal(s) allowed

Gwalior Sugar Co. employed 800 seasonal workers who worked only during the sugar‑cane crushing season. The employer refused to pay them the minimum bonus guaranteed under Section 10 of the Payment of Bonus Act, 1965, arguing that they were not employed for the whole accounting year. The Industrial Court awarded the min

DAYARAM ASANAND GURSAHANIversusSTATE OF MAHARASHTRA AND OTHERS

1984 INSC 4222 February 1984Appeal(s) allowed

The appellant, a District Judge, sought to have his seniority counted from his earlier service as an Assistant Judge under the Bombay Judicial Service Recruitment Rules and to receive the salary and allowances of the selection‑grade pay scale, as well as posting as an Inspecting District Judge. The Bombay High Court re

BALASAHEB VISHNU CHAVANversusSTATE OF MAHARASHTRA & ORS.

1984 INSC 4322 February 1984Dismissed

The appellants, who were promoted to Assistant Judges from the Junior Branch of the Maharashtra Judicial Service, claimed seniority over four Bar recruits (respondents Nos. 2‑5) who were appointed as Assistant Judges under the proviso of Rule 5(2)(i)(b) before being promoted to District Judges. The High Court dismissed

RANDHIR SINGHversusUNION OF INDIA & ORS.

1982 INSC 2422 February 1982Case Allowed

The petitioner, a driver‑constable in the Delhi Police Force, challenged the lower pay scale applicable to driver‑constables compared to drivers in other Delhi Administration departments, invoking the principle of "equal pay for equal work" under Articles 14, 16 and 39(d) of the Constitution. He argued that his duties,

BHARTUversusRANDHIR SINGH & ORS.

1985 INSC 1222 January 1985Dismissed

The appeal concerned the interpretation of Sections 7, 7A and 8 of the PEPSU Tenancy and Agricultural Lands Act, 1955. The petitioner argued that Section 8, which imposes a minimum tenancy term of three years for tenancies created after the 1956 amendment, does not create an additional ground of termination and that a

KOTHI SATYANARAYANAversusGALLA SITHAYYA & OTHERS

1986 INSC 24821 November 1986Dismissed

The plaintiff, son of Ramamurty, claimed ownership of certain properties after the death of Veeraraju's widow, who had been granted a life interest under a 1937 Deed of Settlement that provided for reversion to Ramamurty or his heirs. The widow later executed a will bequeathing the properties to her brother, the appell

KALYAN MILLS LTD.versusUNION OF INDIA & ORS.

1986 INSC 24921 November 1986Dismissed

The Union of India sought to recover tax arrears owed by an assessee company and was informed that the amount could be recovered from a debt the appellant, Kalyan Mills Ltd., owed to the assessee. Notices under Sections 46(2) and 46(5A) of the Income Tax Act were issued to the appellant, and the Union filed a suit for

PHILLIPPA ANNE DUKEversusTHE STATE OF TAMIL NADU

1982 INSC 5521 May 1982Dismissed

Two British nationals were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling electronic equipment in a Mercedes van. They filed writ petitions under Article 32 seeking release, arguing that their representations to the Central Government and to

UNION OF INDIAversusNIHAR KANTA SEN & ORS.

1987 INSC 12221 April 1987Case Partly allowed

During World War II the Collector requisitioned 199.04 acres of land in Burdwan, West Bengal, for a military aerodrome. The claimants, heirs of the original patni holder, sought compensation for loss of the land, forest, minerals and structures. The High Court awarded Rs.2,00,000 as terminal compensation and Rs.18,74,0

BAI DOSABAIversusMATHURDAS GOVINDDAS AND 0RS.

1980 INSC 9121 April 1980Dismissed

Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After repeated notices fo

GRAMOPHONE COMPANY OF INDIA LTD.versusBIRENDRA BAHADUR PANDEY & ORS.

1984 INSC 4021 February 1984Appeal(s) allowed

The Gramophone Company of India sought to prevent the import of cassette recordings it alleged were pirated and destined for transit to Nepal. It applied to the Registrar of Copyrights under s.53 of the Copyright Act, 1957, to have the cassettes declared prohibited imports. The Calcutta High Court allowed the Registrar

PRAKASH AMICHAND SHAHversusSTAIE OF GUJARAT & ORS.

1985 INSC 25420 December 1985Dismissed

The appellant, Prakash Amichand Shah, owned a leasehold interest in land in Surat and challenged the reservation of a portion of his land under Town Planning Scheme No. VIII (Umarwada) prepared under the Bombay Town Planning Act, 1954. He claimed the scheme violated Articles 14, 19(1)(f) and 31 of the Constitution beca

SATAR HABIB HAMDANI ETC.versusK.S. DILIPSINHJI & ORS.

1985 INSC 25520 December 1985Appeal(s) allowed

The Supreme Court examined the validity of a two‑year preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against S. H. Hamdani. The Additional Secretary declared that the detainee was likely to abet smuggling in a "highly vulnerable"

SMT. GULWANT KAUR & ANOTHERversusMOHINDER SINGH & ORS.

1987 INSC 17720 July 1987Appeal(s) allowed

The appellant, Gulwant Kaur, was estranged from her husband Major General Gurbux Singh, who in a 1958 letter entrusted her with a parcel of land and a house as maintenance, promising a monthly allowance. The husband later sold the land to the respondent, Mohinder Singh, who sought an injunction against Kaur. The lower

SUKH DEO NARAINversusSTATE OF RAJASTHAN

1984 INSC 12520 July 1984Dismissed

The petitioner filed a transfer petition under Article 139A(1) of the Constitution seeking to move a writ petition pending before the Rajasthan High Court to the Supreme Court, alleging that the High Court petition raised the same questions as a Special Leave Petition (SLP) already pending before this Court. The petiti

A.A. SHIRDONE ETC.versusSAHEB H. TAJBHOKHARI

1985 INSC 6420 March 1985Appeal(s) allowed

The plaintiff mortgagor filed five suits for redemption and actual possession of mortgaged land, contending that the mortgagees were not tenants and therefore could be evicted after redemption. The mortgagees argued that they were "deemed tenants" under Section 2A of the Bombay Tenancy Act, 1939 (as amended 1946) and t

BACHAN LAL KALGOTRAversusSTATE OF JAMMU & KASHMIR AND OTHERS

1987 INSC 5520 February 1987Dismissed

Bachan Lal Kalgotra, chairman of the Action Committee of West‑Pakistani refugees, migrated to Jammu & Kashmir in 1947 and has lived there for about forty years. Although an Indian citizen, he is not a "permanent resident" under Section 6 of the Jammu & Kashmir Constitution and therefore is barred from the electoral rol

FOMENTO RESORTS AND HOTELS LTD.versusGUSTAVO RANATO DA CRUZ PINTO & ORS.

1985 INSC 2920 February 1985Appeal(s) allowed

Fomento Resorts and Hotels Ltd. applied to acquire land owned by Gustavo Ranato da Cruz Pinto under Chapter VII of the Land Acquisition Act, 1894. The government issued a preliminary notification under Section 4 in October 1980, followed later by a Section 6 declaration after an agreement with the acquiring company. Th

STATE OF PUNJABversusCHARAN SINGH

1981 INSC 4520 February 1981Appeal(s) allowed

Charan Singh, a police officer, was convicted under sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. The Punjab High Court acquitted him, holding that the prosecution was invalid because the police department had not complied with Rule 16.38 of the Punjab Police Rules, 1934. On appeal, the Supreme Court e

UNION OF INDIA & ORS.versusSMT. CHARANJIT KAUR

1987 INSC 1620 January 1987Appeal(s) allowed

Charanjit Kaur, the wife of Dr. Jagjit Singh Chauhan, a self‑styled president of the National Council of Khalistan, visited Punjab in 1983‑84 and met known Sikh militant leaders. The Regional Passport Officer impounded her passport on 18 August 1984 under sections 10(3)(c) and 10(5) of the Passport Act, 1967, relying o

LIFE INSURANCE CORPORATION OF INDIAversusESCORTS LTD, & ORS.

1985 INSC 25119 December 1985Disposed off

The case concerned the purchase of shares in Escorts Ltd by thirteen overseas companies, predominantly owned by non‑resident Indians, under the Foreign Exchange Regulation Act, 1973 (FERA) portfolio investment scheme. The Reserve Bank of India (RBI) later granted permission for the purchases, which the company had init

RAGHUBIR SINGH & OTHERS ETC.versusSTATE OF BIHAR

1986 INSC 19519 September 1986Dismissed

The petitioners, five accused including Simranjit Singh Mann, were arrested near the Indo‑Nepal border and charged with offences under the Indian Penal Code, while being detained under the National Security Act. They were granted bail under the proviso to Section 167(2) of the Criminal Procedure Code, but could not be

NANCY JOHN LYNDONversusPRABHATI LAL CHOWDHURY & ORS.

1987 INSC 21819 August 1987Appeal(s) allowed

The appellant obtained a money decree against the judgment debtor and secured attachment of the debtor's land. While the attachment was in force, the debtor sold part of the land to a third party, who subsequently sold it to the respondents. The execution petition was dismissed for default, but was later restored on th

B. PRABHAKAR RAD & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS. ETC .ETC.

1985 INSC 17819 August 1985Dismissed

The Andhra Pradesh government reduced the superannuation age for its employees from 58 to 55 years in 1983 and later attempted to reverse the decision by raising it back to 58 years through Ordinance No.24 of 1984 and Act No.3 of 1985. A large number of employees who had been forced to retire under the 55‑year rule cha

LILA DHARversusSTATE OF RAJASTHAN & ORS.

1981 INSC 14319 August 1981Dismissed

The Rajasthan Public Service Commission conducted a competitive examination for recruitment of Munsifs, comprising written papers and a viva voce worth 25% of the total marks. The petitioner, who scored 189 overall (159 written, 30 viva), was not selected, while the last selected candidate scored 190 (135 written, 55 v

STATE OP MAHARASHTRAversusNARAYAN RAO SHAM RAO DESHMUKH & ORS.

1985 INSC 6119 March 1985Appeal(s) allowed

The Supreme Court examined whether a wife and mother who inherited a share in a joint Hindu family property under Section 6 of the Hindu Succession Act ceased to be members of the family for purposes of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The Court held that the legal fiction in Section

CHOWGULE & CO. PRIVATE LIMITED ETC.versusUNION OF INDIA & ORS.

1987 INSC 5319 February 1987Dismissed

Chowgule & Co. Private Ltd. and V.S. Dempo & Co. imported second‑hand tankers that were converted into transhippers for topping‑up iron ore at Mormugao harbour. The Customs authorities demanded that the companies file Bills of Entry for the vessels, treating them as "goods for home consumption" under s.46 of the Custom

B.K. SRINIVASAN & ANOTHER ETC. ETC.versusSTATE OF KARNATAKA & ORS.

1987 INSC 1519 January 1987Dismissed

The Supreme Court examined whether the Outline Development Plan (ODP) and its Zonal Regulations for Bangalore were validly published as required by Section 13(4) of the Mysore Town and Country Planning Act, 1961 and the 1965 Planning Authority Rules. The appellants argued that the ODP and Regulations were not properly

PRAKASH CHANDER MANCHANDA AND ANR.versusSMT. JANKI MANCHANDA

1986 INSC 24018 November 1986Appeal(s) allowed

In a suit where the defendant failed to appear for his evidence despite multiple adjournments, the trial court closed the defendant's evidence and passed a decree ex parte. The defendant filed an application under Order 9 Rule 13 of the Civil Procedure Code to set aside the decree, claiming he learned of it only later.

SHIVAJI NARAYAN BACHHAVversusSTATE OF MAHARASHTRA

1983 INSC 9618 August 1983Case Allowed

Shivaji Narayan Bachhav was convicted of murder under Section 302 IPC and sentenced to life imprisonment by a Sessions Judge. He appealed to the Bombay High Court, which dismissed the appeal in limine with a one‑word order, "dismissed." The appellant filed a Special Leave Petition under Article 136 of the Constitution.

SMT. P. GROVERversusSTATE OF HARYANA AND ANR.

1983 INSC 9718 August 1983Appeal(s) allowed

Smt. P. Grover, an award‑winning teacher, was extended in service and promoted to acting District Education Officer effective 19 July 1976, but the promotion order contained a super‑added condition that she would continue to draw her previous salary scale. She filed a writ petition seeking the salary of a District Educ

GOVERNMENT OF TAMIL NADUversusAHOBILA MATAM

1986 INSC 23717 November 1986Appeal(s) allowed

The State of Tamil Nadu appealed against a Madras High Court order that had quashed a full land‑revenue assessment on lands granted to the Ahobila Matam, a Hindu religious institution. The lands were originally given as an inam by a Tanjore prince and were recorded as a religious endowment held tax‑free. The High Court

FRANK ANTHONY PUBLIC SCHOOL EMPLOYEES ASSOCIATIONversusUNION OF INDIA & ORS.

1986 INSC 23817 November 1986Case Allowed

The Frank Anthony Public School Employees Association filed a writ petition under Article 32 seeking equalisation of pay and service conditions with government schools and a declaration that Section 12 of the Delhi School Education Act, which exempted unaided minority schools from Chapters IV and V, violated Articles 1

ADARSH TRAVELS BUS SERVICE & ANRversusSTATE OF U.P. & ORS.

1985 INSC 23217 October 1985Dismissed

The appellants, holders of stage‑carriage permits, sought to operate their services over routes that were partially nationalised under Chapter IVA of the Motor Vehicles Act, 1939, by imposing "corridor restrictions" (i.e., not picking up or dropping passengers on the nationalised segment). The Supreme Court examined wh

NEELIMA SHANGLA PH.D. CANDIDATEversusSTATE OF HARYANA & ORS.

1986 INSC 19217 September 1986Case Allowed

Miss Neelima Shangla, ranked 24th in the 1983‑84 Haryana Civil Service (Judicial) examination, claimed that despite 54 qualified candidates, the Haryana Public Service Commission (PSC) recommended only 26 names and withheld the full list from the Government, thereby denying her appointment. The petition under Article 3

P. JAYAPPANversusS.K. PERUMAL, FIRST INCOME-TAX OFFICER, TUTICORIN

1984 INSC 14717 August 1984Dismissed

The petitioner, a proprietor of a food business, filed income‑tax returns that were later found to contain false statements and suppressed transactions after a search of his premises. Complaints were lodged against him under sections 276C and 277 of the Income‑Tax Act and sections 193 and 196 of the Indian Penal Code,

GENERAL RADIO & APPLIANCES CO. LTD. & ORS.versusM.A. KHADER (DEAD) BY LRS.

1986 INSC 8517 April 1986Dismissed

General Radio & Appliances Co. Ltd., the original tenant of a premises in Secunderabad, merged with National Ekco Radio and Engineering Co. Ltd. under a court‑sanctioned scheme of amalgamation under Sections 391 and 394 of the Companies Act, 1956. The landlord, M.A. Khader, sought eviction on the grounds that the amalg

MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD & ORS.versusJAN MOHAMMED USMANBHAI & ANR.

1986 INSC 8317 April 1986Appeal(s) allowed

The Municipal Corporation of Ahmedabad issued standing orders under Section 466(1)(D)(b) of the Bombay Provincial Municipal Corporation Act, 1949, closing the municipal slaughter house on seven specified days each year. Jan Mohammed Usmanbhai, a beef dealer, challenged the orders as an unreasonable restriction on his r

HAZI USMANBHAI HASANBHAI QURESHI & ORS.versusSTATE OF GUJARAT

1986 INSC 8417 April 1986Dismissed

The appellants, dealers in beef, challenged the Gujarat amendment to the Bombay Animal Preservation Act, 1954 that prohibited the issuance of slaughter certificates for bulls and bullocks below sixteen years of age. They argued that the ban unreasonably restricted their right to carry on trade under Art.19(1)(g) and wa

LT. COL. S. J. CHAUDHARYversusSTATE (DELHI ADMINISTRATION)

1984 INSC 1417 January 1984Dismissed

The petitioner filed a criminal miscellaneous petition seeking modification of a Sessions Court order that the trial proceed on a day‑to‑day basis, arguing that his counsel were not prepared to appear continuously as the trial was expected to be lengthy. The Court examined the duty of counsel in criminal proceedings an

STATE OF HARYANAversusSHRI P.C. WADHWA, IPS INSPECTOR GENERAL OF POLICE & ANR.

1987 INSC 11416 April 1987Dismissed

The case concerned whether the Home Secretary of Haryana could act as the reporting authority for the Inspector General of Police (IGP) under the All‑India Services (Confidential Rolls) Rules, 1970. The respondent, IGP P.C. Wadhwa, challenged a confidential report and adverse remarks prepared by the Home Secretary, whi

RATTAN ARYA ETC. ETC.versusSTATE OF TAMIL NADU & ANR.

1986 INSC 8116 April 1986Appeal(s) allowed

The petitioners challenged the constitutionality of Section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, which exempts residential buildings where the rent exceeds Rs 400 from the Act’s protections. They argued that the classification based on rent and residential status was arbitrary and viol

STATE OF GUJARATversusRAGHUNATH VAMANRAO BAXI

1985 INSC 8916 April 1985Appeal(s) allowed

The respondent, an Income Tax Officer, was tried and convicted by a Special Judge for accepting a bribe of Rs.12,500 under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The prosecution relied on the testimony of two panch witnesses (postal off

JAVED RASOOL BHAT & ORS. ETCversusSTATE OF JAMMU & KASHMIR AND ORS.

1984 INSC 3516 February 1984Dismissed

The State of Jammu & Kashmir advertised admission to its two medical colleges, requiring a written test (85 points) and a viva‑voce interview (15 points). A selection committee comprising the Chairman of the Public Service Commission and the principals of the two colleges was formed. One principal disclosed that his da

T. V. VATHEESWARANversusSTATE OF TAMIL NADU

1983 INSC 1016 February 1983Appeal(s) allowed

T.V. Vatheeswaran, convicted of multiple murders and sentenced to death in January 1975, remained in solitary confinement for eight years, including two years as a prisoner on remand. He challenged the death sentence on the ground that the prolonged delay in execution, coupled with illegal solitary confinement, violate

S. GOVINDARAJUversusK.S.R.T.C. & ANR.

1986 INSC 7615 April 1986Appeal(s) allowed

The appellant, selected as a conductor for the Karnataka State Road Transport Corporation, was appointed to a temporary vacancy and worked for more than 240 days. He was terminated under Regulation 10(5) of the Karnataka Road Transport Corporation (Cadre & Recruitment) Regulations 1982 on the ground of being unsuitable

GOKARAJU RANGARAJU ETC.versusSTATE OF ANDHRA PRADESH

1981 INSC 9215 April 1981Dismissed

The appellants were convicted by two District Judges whose appointments were later declared invalid for violating Article 233 of the Constitution. The appellants argued that the judgments rendered by those judges were void and that the Constitution (20th Amendment) rendered them a surplusage. The Supreme Court held tha

STATE OF RAJASTHANversusSMT. KALKI & ANR.

1981 INSC 9415 April 1981Appeal(s) allowed

The Supreme Court reviewed the acquittal of Kalki and Amara by the Rajasthan High Court, which had set aside their convictions on the ground that the sole eye‑witness, the deceased’s wife, was a "highly interested" witness and that her testimony contained material discrepancies. The Court held that being related to the

STATE OF WEST BENGALversusGHUSICK & MUSLIA COLLIERIES LTD.

1985 INSC 6015 March 1985Appeal(s) allowed

The respondent, Ghusick & Muslia Collieries Ltd., pumped out percolated water from its coal mine and sold it to a neighboring glass factory, earning Rs 42,073 in 1958‑59. The State of West Bengal levied cess on this amount under Sections 6 and 72 of the Bengal Cess Act, 1880, which the company contested, claiming the w

RAM PYAREversusRAM NARAIN & OTHERS

1985 INSC 2715 February 1985Appeal(s) allowed

The vendor, Matbar Mal, who held sirdari rights, deposited the amount required under Section 134 of the U.P. Zamindari Abolition & Land Reforms Act on 28 October 1961 to acquire bhumidari rights and on the same day executed a sale deed in favour of Ram Pyare. A bhumidari certificate was issued only on 30 October 1961.

UMAJI KESHAO MESHRAM & ORS.versusRADHIKABAI W/O ANANDRAO BANAPURKAR & ANR.

1986 INSC 4114 March 1986Dismissed

The Supreme Court examined whether an intra‑court appeal under clause 15 of the Bombay High Court's Letters Patent is available against a judgment of a Single Judge hearing a petition under Article 227 (or Article 226) of the Constitution. The Division Bench had dismissed the appeal on the basis of a prior Full Bench d

SUDHAN SINGH AND ORS.versusUNIVERSITY OF DELHI AND ORS.

1986 INSC 614 January 1986Dismissed

The University of Delhi, a public educational institution, was bequeathed a building and sought to evict its tenants under Section 22(d) of the Delhi Rent Control Act, 1958, claiming the premises were needed to provide residential accommodation for its employees. The tenants contested the eviction, arguing that the gro

AJOOMAL LILARAM AND ANOTHERversusUNION OF INDIA AND OTHERS

1982 INSC 9513 December 1982Appeal(s) allowed

In 1982 the Chief Controller of Imports and Exports issued Export Instruction No. 59/82 allowing export of up to 10,000 tonnes of Niger seeds through NAFED on a first‑come‑first‑served basis, subject to a minimum price and irrevocable letters of credit. The petitioners entered into a contract for 1,000 tonnes, obtained

OSMANIA UNIVERSITY TEACHERS ASSOCIATIONversusSTATE OF ANDHRA PRADESH & ANR.

1987 INSC 20913 August 1987Appeal(s) allowed

The Osmania University Teachers Association challenged the Andhra Pradesh Commissionerate of Higher Education Act, 1986, alleging that it was a duplicate of the University Grants Commission Act and fell within the Union's exclusive legislative field under Entry 66 of List I. The State argued that the Act pertained to e

STATE OF KARNATAKAversusSURENDER KOTIANKAR

1984 INSC 13913 August 1984Dismissed

The State of Karnataka appealed to the Supreme Court under Article 136 for special leave to challenge the Karnataka High Court's dismissal of its appeals against the conviction of Surender Kotiankar under Sections 408 and 477A of the Indian Penal Code. The High Court had rejected the State's request for enhanced senten

UNION OF INDIA & ORS.versusN. HARGOPAL & ORS.

1987 INSC 10513 April 1987Disposed off

The Supreme Court examined whether the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 applies to government establishments and whether it obliges any employer to recruit only candidates sponsored by employment exchanges. It held that government offices are "establishments in public sector" and th

CHAMAN LAL & ORS. ETC. ETC.versusSTATE OF HARYANA ETC. ETC.

1987 INSC 10613 April 1987Appeal(s) allowed

The petitioners, teachers in the Haryana Educational Service who joined as Basic Trained teachers and later obtained B.T. or B.Ed. qualifications, challenged a 1979 government order that limited their entitlement to the higher Masters pay scale. The High Court had held that only those who acquired the qualification bef

DAYA RAM TRIPATHIversusSTATE OF UTTAR PRADESH & ANR.

1986 INSC 26812 December 1986Appeal(s) allowed

The appellant, Daya Ram Tripathi, a physically handicapped candidate, cleared the 1982 Combined State Services Examination and was entitled to a reserved post in the Uttar Pradesh Provincial Civil Service (Executive Branch) under a 2% reservation policy announced by GO No. 43/90/66 dated 18 July 1972 and reaffirmed by

SHEORATAN AGARWAL & ANOTHERversusSTATE OF MADHYA PRADESH

1984 INSC 16812 September 1984Dismissed

The Managing Director and Production Manager of M/s 5‑S Limited were prosecuted under the Essential Commodities Act for alleged violations of state licensing and price‑control orders. They contended that, under Section 10 of the Act, they could not be prosecuted unless the company itself was also prosecuted. The High C

STATE OF MAHARASHTRAversusCHAMPALAL PUNJAJI SHAH

1981 INSC 14012 August 1981Appeal(s) allowed

The State of Maharashtra charged Champalal Punjaji Shah with criminal conspiracy under S.120B IPC, S.135 of the Customs Act and Defence of India Rules after gold bars with foreign markings were discovered in his flat. The trial was protracted, with the accused contributing to delays, and the High Court acquitted him, c

VIJAY NARAIN SINGHversusSTATE OF BIHAR & ORS

1984 INSC 8012 April 1984Case Allowed

Vijay Narain Singh, who had been granted bail in a criminal trial for murder and related offences, was detained under Section 12(2) of the Bihar Control of Crimes Act, 1981 on the ground that he was an "anti‑social element". The State relied on three incidents (1975, 1982 and the pending murder case) to justify detenti

A.N. PATHAK AND 5 OTHERSversusSECRETARY TO THE GOVERNMENT, MINISTRY OF DEFENCE AND ANOTHER

1987 INSC 4412 February 1987Appeal(s) allowed

Six defence production employees (promotees) challenged the Defence Production (Directorate of Production and Inspection, Naval) Group A and Group B Technical Post Recruitment Rules, 1976, specifically clauses 10 and 11, which allowed direct recruitment to fill vacancies and gave direct recruits seniority over existing

D.R. KOHLI AND ORS.versusATUL PRODUCTS LTD.

1985 INSC 2212 February 1985Appeal(s) allowed

Atul Products Ltd manufactured synthetic organic dyes (cibagenes and cibanogenes) and relied on Notification No. 180/61 dated 23 November 1961, which exempted dyes from excise duty if they were produced from other dyes on which duty had already been paid. The basic dyes used were manufactured before Item 14D of the Cen

TULSI RAMversusSTATE OF MADHYA PRADESH

1984 INSC 19111 October 1984Dismissed

Tulsi Ram, a vendor of edible oil, was charged under the Prevention of Food Adulteration Act after a public analyst found cottonseed oil mixed in his soybean oil. The analyst's report was forwarded to him 18 days after the prosecution was instituted, contrary to Rule 9A which requires the report to be sent "immediately

GENERAL ELECTRIC COMPANYversusRENUSAGAR POWER COMPANY

1987 INSC 20411 August 1987Appeal(s) allowed

General Electric Company (GEC) and Renusagar Power Company entered into a contract for equipment supply, which later gave rise to disputes referred to ICC arbitration. Renusagar filed a suit in the Bombay High Court seeking a declaration that the disputes were not arbitrable, while GEC applied for a stay of the suit un

BIJOE EMMANUEL & ORS.versusSTATE OF KERALA & ORS.

1986 INSC 16711 August 1986Appeal(s) allowed

Three children belonging to the Jehovah's Witnesses sect were expelled from a Kerala school for refusing to sing the National Anthem, though they stood respectfully during its rendition. The petitioners claimed that compulsory singing violated their fundamental rights under Articles 19(1)(a) (freedom of speech) and 25(

MAHINDRA NATH SHUKLA AND ORS.versusSTATE OF BIHAR AND ORS. ETC.

1980 INSC 8011 April 1980Dismissed

The Supreme Court examined whether Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976 barred the extraction of coking coal. Petitioners argued that the amendment applied only to ordinary coal mines, not to coking coal mines, relying on the separate legislative history of coking‑coal legislation. The C

SANTOSH KUMAR & ORS.versusCENTRAL WAREHOUSING CORPORATION & ANR.

1986 INSC 3311 March 1986Appeal(s) allowed

The Collector, acting under Section 11 of the Land Acquisition Act, 1894, awarded compensation for land acquired for the Central Warehousing Corporation. The landowners sought a reference under Section 18 to increase the award, while the Corporation sought a reference to reduce it. The Collector refused the Corporation

STATE OF KARNATAKAversusPRATAP CHAND & ORS.

1981 INSC 6311 March 1981Dismissed

The State of Karnataka prosecuted three respondents – two partners and their firm – for allegedly providing a fictitious address of the supplier of a drug, violating sections 18(a)(ii), 18(c) and 18A of the Drugs and Cosmetics Act, 1940. The prosecution relied on an inspector’s report that the address was fictitious, b

SACHIDANANDA PANDEYversusSTATE OF WEST BENGAL & ORS.

1987 INSC 4211 February 1987Dismissed

The petitioners filed a public‑interest writ seeking to restrain the West Bengal Government from leasing four acres of Begumbari land, part of the Alipore Zoological Garden, to the Taj Group for a five‑star hotel, alleging ecological harm to migratory birds and violation of natural‑justice principles. The Government ar

NARENDER CHADHA & ORS.versusUNION OF INDIA & ORS.

1986 INSC 1411 February 1986Disposed off

The case concerned the Indian Economic Service and Indian Statistical Service, where a large number of officers had been promoted to Grade IV posts on an ad‑hoc basis for 15‑20 years, contrary to the quota provisions of Rule 8 that required 75 % of vacancies to be filled by direct recruitment and at most 25 % by depart

FILTERCO & ANRversusCOMMSSIONER OF SALES TAX, MADHYA PRADESH AND ANR.

1986 INSC 1211 February 1986Dismissed

Filterco manufactures compressed woollen felt and, based on a 1971 letter from the Commissioner of Sales Tax, claimed exemption from tax under Entry 6 of Schedule I of the Madhya Pradesh General Sales Tax Act, 1958. In 1982 the Commissioner reversed this view, citing the Supreme Court’s Gujarat Woollen Mills decision,

H.D. SINGHversusRESERVE BANK OF INDIA & ORS.

1985 INSC 19510 September 1985Appeal(s) allowed

H.D. Singh was engaged as a daily‑wage "Tikka Mazdoor" by the Reserve Bank of India in 1974 and worked only sporadically. After passing his matriculation exam in 1975, a confidential RBI circular stipulated that such employees would be removed from the list of workers; consequently his name was struck off in July 1976

MS. JORDAN DIENGDEHversusS.S, CHOPRA

1985 INSC 13810 May 1985Disposed off

The wife, a Christian from the Khasi tribe and an Indian Foreign Service officer, married a Sikh husband under the Indian Christian Marriage Act, 1872. She filed a petition under the Indian Divorce Act, 1869 seeking a declaration of nullity or judicial separation on the ground of her husband's impotence. The Delhi High

BRAHMVART SANATHAN DHARAM MAHAMANDAL KANPUR & ORS.versusPREM KUMAR & ORS.

1985 INSC 13910 May 1985Case Partly allowed

Lala Gurdin died leaving his widow and three daughters who became limited owners of his estate. The daughters partitioned the property and each made separate alienations, including three sale deeds (1901, 1914, 1915) executed by the last surviving daughter, Smt. Mewa Kuer. After her death, the sons of the other daughte

KATHEEJA BAIversusTHE SUPERINTENDING ENGINEER & ORS.

1984 INSC 10710 May 1984Case Allowed

The petitioner, Katheeja Bai, widow of a retired Tamil Nadu Electricity Board employee, claimed that the Board had failed to credit the special contribution mandated by Regulation 37 of the Board’s Contributory Provident Fund Regulations to her late husband’s provident fund account. The Board contended that this specia

UNION OF INDIA & ANR.versusCYNAMIDE INDIA LID. & ANR.

1987 INSC 10010 April 1987Appeal(s) allowed

The Union of India appealed against a Delhi High Court judgment that quashed notifications fixing maximum prices of bulk drugs and retail prices of formulations under the Drugs (Prices Control) Order, 1979, on the ground that the government had failed to observe natural justice. The Court examined whether price fixatio

STATE OF PUNJABversusSRI HARDYAL

1985 INSC 8410 April 1985Appeal(s) allowed

The State of Punjab entered into a contract with Sri Hardyal for construction of bridges, containing an arbitration clause appointing the Superintending Engineer as arbitrator but fixing no time for the award. Under the Arbitration Act, 1940, the award was required within four months, a period that elapsed before the a

STATE OF BIHAR AND ORS.ETC.versusASHOK INDUSTRIES & ANR. ETC.

1987 INSC 3910 February 1987Dismissed

The State of Bihar challenged Ashok Industries for not paying market fees under the Bihar Agricultural Produce Markets Act, 1960, as amended in 1982. The amendment introduced two Explanations: one to the definition of "sale" in Section 2(P)(i) and another to the charging provision in Section 27, creating a conflict ove

SURENDRA KUMARversusSTATE OF BIHAR & ORS.

1984 INSC 2089 November 1984Case Allowed

The case concerned nine seats reserved in the medical colleges of Jammu and Kashmir for candidates from Bihar. Thirty‑five applicants applied, and a merit list of seven candidates was prepared by the Controller of Examinations, which included the petitioner Surendra Kumar. The Chief Minister of Bihar, however, recommen

SAMARIAS TRADING CO. PVT. LTD.versusS. SAMUEL & ORS.

1984 INSC 2099 November 1984Disposed off

The Calcutta High Court entertained an oral application in the judge's chambers, without any written record, and issued an interim order maintaining the status quo of a liquor shop auction. The order was made without stating facts, legal questions, or reasons, and was later extended without the parties being informed.

JAVED AHMED ABDUL HAMID PAWALAversusSTATE OF MAHARASHTRA

1984 INSC 2109 November 1984Case Allowed

Javed Ahmed Abdul Hamid Pawala was convicted of multiple murders and sentenced to death on 6 February 1982, with the sentence confirmed by the High Court and subsequent appeals dismissed. After a clemency petition was rejected, he filed a writ petition under Article 32 of the Constitution, arguing that his young age, r

KIRPAL SINGH, M.L.A.versusUTTAM SINGH & ANR.

1985 INSC 2269 October 1985Disposed off

Kirpal Singh was elected to the Punjab Legislative Assembly in 1972, but his election was set aside by the Punjab and Haryana High Court because the nomination of another candidate, Basant Singh, had been improperly rejected on the ground that he was a development officer in the Life Insurance Corporation, a public sec

MINERVA MILLS LTD. & ORS. ETC. ETC.versusUNION OF INDIA & ORS.

1986 INSC 1859 September 1986Dismissed

Minerva Mills Ltd., a loss‑making textile undertaking, was investigated under s.15 of the Industries (Development and Regulation) Act, 1951. The Central Government, finding the mill’s management detrimental to public interest, ordered a takeover under s.18A of the same Act on 19 October 1971. Subsequently, the Sick Tex

OM PRAKASH MAURYAversusU.P. COOPERATIVE SUGAR FACTORIES FEDERATION, LUCKNOW & ORS.

1986 INSC 1229 May 1986Appeal(s) allowed

The appellant, an employee of Kisan Sahkari Chini Mills Ltd., was promoted to Commercial Officer on a one‑year probation which was later extended for another year, totalling the maximum two‑year probation allowed under the U.P. Cooperative Societies Employees Service Regulations, 1975. No confirmation order was issued,

CHAITANYA KUMARversusSTATE OF KARNATAKA & ORS.

1986 INSC 689 April 1986Dismissed

The Karnataka government invited applications for bottling arrack and, after receiving 131 applications, the Excise Commissioner recommended eight contractors, many of whom were not eligible under the Karnataka Excise (Bottling of Liquor) Rules. The State awarded the contracts despite the rules restricting licences to

SMT. KHATOON BEGUM ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1981 INSC 569 March 1981Case Allowed

Three writ petitions under Article 32 challenged the detention of individuals under the National Security Act, alleging that the authorities delayed consideration of their representations under Article 22(5) of the Constitution. The petitioners had made representations within days of detention, but the authorities eith

PREMIER TYRES LTD.versusCOLLECTOR OF CENTRAL EXCISE, COCHIN

1987 INSC 379 February 1987Dismissed

Premier Tyres Ltd. challenged a Customs, Excise and Gold Control Appellate Tribunal order on the sequence of applying three Central Excise notifications granting duty exemptions. The dispute centered on whether the 1977 notification (exempting duty equal to that paid on inputs) should be applied before or after the 197

ABDUL LATIF ABDUL WAHAB SHEIKHversusB.K. JHA & ANR.

1987 INSC 389 February 1987Appeal(s) allowed

Abdul Latif Abdul Wahab Sheikh was acquitted of murder but was immediately placed under preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985. No Advisory Board existed at the time, and the statutory requirement to refer the case to the Board within three weeks was not met. The first det

SYED SAULET HUSSAINversusSYED ILMUDDIN & ORS.

1987 INSC 2408 September 1987Dismissed

The case concerned the succession to the hereditary office of Sajadanashin of the Durgah Khawaja Saheb, Ajmer. The plaintiff claimed he was the nearest male heir under the rule of primogeniture, while the Durgah Committee argued that sections 13 and 21 of the Durgah Khawaja Saheb Act, 1955 gave it power to appoint any

STATE OF MAHARASHTRA & ANR.versusCHANDRAKANT ANANT KULKARNI & ORS.

1981 INSC 1628 September 1981Appeal(s) allowed

After the reorganisation of states under the States Reorganisation Act, 1956, Assistant Sales Tax Officers (ASTOs) from the former States of Madhya Pradesh and Hyderabad were allocated to the new State of Bombay, where there were no comparable posts. The State Government issued several resolutions altering seniority an

RAGHBIRversusSTATE OF HARYANA

1981 INSC 1638 September 1981Appeal(s) allowed

The appellant, Raghbir, was less than 16 years old when he was convicted of murder under Section 302 IPC and sentenced to life imprisonment by a Sessions Judge. He appealed the conviction, arguing that, as a child, he should have been tried under the Haryana Children Act, 1974, which provides a separate, rehabilitative

M. NIRMALA & ORS.versusSTATE OF ANDHRA PRADESH & ORS.

1986 INSC 1658 August 1986Dismissed

The petitioners were temporary Group IV employees appointed after April 1974 under a ban on direct recruitment. Special qualifying tests in 1973 and 1976 were held for regularisation, but the petitioners could not appear because they lacked the required two‑years service. The Government later exempted them from any exa

S.S. DHANOAversusMUNICIPAL CORPORATION, DELHI & ORS.

1981 INSC 1158 May 1981Dismissed

S.S. Dhanoa, an IAS officer, was deputed as General Manager of the Super Bazaars run by the Cooperative Store Ltd., a society registered under the Bombay Cooperative Societies Act. He was charged under the Prevention of Food Adulteration Act for selling adulterated honey and argued that he was a public servant under cl

FAZLUNBIversusK. KHADER V ALI AND ANR.

1980 INSC 1128 May 1980Appeal(s) allowed

Fazlunbi, a Muslim woman, was deserted by her husband K. Khader Vali who obtained a divorce and paid a meager mahar of Rs.500 and iddat maintenance of Rs.750, after which the magistrate cancelled the earlier maintenance order under Section 125 CrPC. The issue before the Supreme Court was whether such payment satisfied

M.L. JAIN & ANR.versusUNION OF INDIA

1985 INSC 788 April 1985Case Allowed

M.L. Jain, a retired judge of the Rajasthan High Court, challenged the calculation of his pension under the High Court Judges (Conditions of Service) Act, 1954. The Ministry of Law had issued a circular stating that a judge's service as a High Court Judge should be counted towards his parent service and that pension sh

R.D. GUPTA & ORS. ETC.versusLT. GOVERNOR. DELHI ADMN. & ORS. ETC.

1987 INSC 2007 August 1987Directions issued

The New Delhi Municipal Committee (NDMC) treated its non‑technical (ministerial) staff as a unified cadre, but granted higher Shiv Shankar Committee (SS) pay scales and ex‑gratia payments only to those posted in its electricity wing, citing the pattern followed by the Delhi Electricity Supply Undertaking (DESU). Staff

SURAJ MAL AND ANOTHERversusRAM SINGH AND OTHERS

1986 INSC 1637 August 1986Dismissed

Suraj Mal and another (appellants) claimed title to a Zamindari parcel sold by Sona Devi, arguing that the sale deed gave them a valid interest. The respondents, Sona Devi's minor sons, sued for declaration that their mother only had a life interest and that the sale was void, seeking possession. The Munsif decreed in

STATE OF MAHARASHTRAversusCHANDRABHAN TALE

1983 INSC 747 July 1983Disposed off

The case concerned three Maharashtra civil servants who, while under suspension, were convicted under the Prevention of Corruption Act and sentenced to imprisonment but remained on bail and were never actually incarcerated. Under Rule 151 of the Bombay Civil Service Rules, 1959, a second proviso reduced their subsisten

UTKAL CONTRACTORS & JOINERY PRIVATE LIMITED & ORS. ETC.versusSTATE OF ORISSA & ORS.

1987 INSC 1567 May 1987Appeal(s) allowed

Utkal Contractors & Joinery Pvt. Ltd. and others had licences to collect, purchase and sell sal seeds from Government forests in Orissa, with a stipulation to set up solvent extraction units. The State of Orissa issued a notification under the Orissa Forest Produce (Control of Trade) Act, 1981 in 1982, claiming the Act

BIRA KISHORE NAIKversusCOAL INDIA LTD. & ORS.

1986 INSC 1117 May 1986Dismissed

The petition filed by B.K. Naik and 700 workmen sought a writ of mandamus directing the Central Government to declare that Natundihi Pahariabera Colliery had vested in it and to treat the petitioners as its employees with back wages under Section 14 of the Coal Mines (Nationalisation) Act, 1973. The Court examined whet

STATE OF KARNATAKAversusKRISHNA BHIMA WALVAKAR & ANR.

1981 INSC 1127 May 1981Appeal(s) allowed

The State of Karnataka appealed against the High Court's setting aside of a confiscation order of a 7,200 kg consignment of groundnut oil. The oil had been seized because the transporter failed to file the mandatory Form II declaration with the Tehsildar before the consignment left the place, as required by Clause 3(2)

RAJAMMAL AND ANR.versusMOOKAN @ PERIA PERUMAL THEVAL & ORS.

1981 INSC 1366 August 1981Dismissed

The suit concerned land that Venkataramabhadra Naidu had donated to the Bhoodan Yagna in 1953 by unregistered deeds. After the Madras Bhoodan Yagna Act, 1958 (later amended in 1964) the Bhoodan Board allotted the land to the respondents. Naidu subsequently sold the same land to the appellants in 1960 by a registered sa

STATE OF MAHARASHTRAversusWASUDEO RAMCHANDRA KAIDALWAR

1981 INSC 1096 May 1981Dismissed

The respondent, a Range Forest Officer earning Rs.515 per month, was found in possession of assets worth over Rs.79,000 and was charged under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 for having assets disproportionate to his known sources of income. He claimed the assets belonged

I.L. DHINGRA & ORS.versusSTATE OF U.P. & ORS.

1987 INSC 966 April 1987Dismissed

The New Okhla Development Area Authority (NOIDA), constituted under the Uttar Pradesh Industrial Area Development Act, 1976, announced LIG‑EWS and MIG housing schemes and later reserved a percentage of houses for various categories, including land‑acquired persons, entrepreneurs, NOIDA employees, central government emp

HANUMANT DASSversusVINAY KUMAR & ORS.

1982 INSC 455 April 1982Dismissed

The Supreme Court examined an appeal by Hanumant Dass, the father of the deceased Asha, against the acquittal of Vinay Kumar and his mother Chhano Devi by the Punjab and Haryana High Court. The case arose from a murder allegedly committed in Himachal Pradesh but tried in Punjab after a Supreme Court‑ordered transfer. T

SHIV PRASAD BHATNAGARversusSTATE OF MADHYA PRADESH & ANR.

1981 INSC 555 March 1981Case Allowed

Shiv Prasad Bhatnagar was detained under Section 12(1) of the National Security Act on grounds that he and unnamed associates had abused Muslims and caused public disturbance in November 1980, and on a series of earlier incidents from 1974 to 1978. The petitioner challenged the detention before the Supreme Court under

STATE OF TAMIL NADUversusHINDU STONE ETC.

1981 INSC 255 February 1981Appeal(s) allowed

The State of Tamil Nadu, exercising its power under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, issued Rule 8‑C of the Tamil Nadu Minor Mineral Concession Rules, 1959, which barred private persons from obtaining leases for quarrying black granite and permitted only the State or its whol

LINGAPPA POCHANNA APPELWAR AND ORS.versusSTATE OF MAHARASHTRA AND ANR. ETC.

1984 INSC 2264 December 1984Dismissed

The appellant purchased agricultural land from a tribal seller with collector's permission, but the Sub‑Divisional Officer, invoking the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, ordered restoration of possession to the tribal buyer. The appellant appealed, arguing that sections 3(1) and 4 of the

UNION OF INDIAversusSTATE OF RAJASTHAN

1984 INSC 1664 September 1984Dismissed

The State of Rajasthan, through its District Rehabilitation Officer, sued the Union of India and the Railway Administration in a district court for damages to tents damaged while in transit on Indian Railways. The Union contended that the suit was barred by Article 131 of the Constitution, which gives the Supreme Court

HARIHAR POLYFIBRESversusTHE REGIONAL DIRECTOR ESI CORPORATION

1984 INSC 1674 September 1984Dismissed

The Supreme Court examined whether the term "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 encompasses various allowances such as House Rent Allowance, Night Shift Allowance, Heat, Gas and Dust Allowance and Incentive Allowance. The Court held that the Act, being a social‑welfare legislation, g

MST. L.M.S. UMMU SALBBMAversusB.B. GUJARAL & ANR.

1981 INSC 1064 May 1981Dismissed

The Supreme Court examined the preventive detention of Jahaubar Moulana under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu argued that the detaining authority had failed to furnish copies of documents mentioned in the grounds of detention, had delayed consideration o

STATE OF ANDHRA PRADESHversusY. PRABHAKARA REDDY

1987 INSC 694 March 1987Dismissed

The State of Andhra Pradesh sought recovery of the excise‑duty component of the issue price for arrack that excise contractors failed to lift against their minimum guaranteed quantity. The contractors argued that excise duty, being a component of the issue price, could be severed and should not be payable on unlifted l

CATERING CLEANERS OF SOUTHERN RAILWAY ETC.versusUNION OF INDIA & ORS. ETC.

1987 INSC 344 February 1987Disposed off

The petitioners, about 300 catering cleaners employed by contractors on the Southern Railway, alleged that they were paid meagre wages and denied statutory benefits, and sought a writ of mandamus under Article 32 to compel the abolition of the contract‑labour system and their regularisation as railway employees. The Co

UNION OF INDIA & ORS.versusUNITED COLLIERIES LTD. & ORS.

1984 INSC 2243 December 1984Appeal(s) allowed

The Union of India appealed against a Bombay High Court order that had sent the dispute over a staff car of the Technical Advisor to the North Chirimiri Collieries to a civil suit. The car, purchased in 1966 and transferred to United Collieries Ltd., was claimed to be a fixed asset of the mine and therefore vested in t

INDER PAL GUPTAversusTHE MANAGING COMMITTEE, MODEL INTER COLLEGE, THORA

1984 INSC 1023 May 1984Appeal(s) allowed

Inder Pal Gupta was appointed as principal of Model Inter College, Thora on probation in 1967, with the probation period later extended by one year. In April 1969 the Managing Committee, citing a manager’s report, resolved to terminate his services and, with the District Inspector’s approval, issued a termination lette

MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR & ANR.versusSTATE OF MAHARASHTRA

1981 INSC 533 March 1981Dismissed

The appellants, four brothers who ran the shop M.F. Maniyar & Sons, were convicted under Section 5 of the Explosive Substances Act, Section 120B of the Indian Penal Code and related provisions for possessing and selling large quantities of potassium cyanide, potassium chlorate, detonators and other explosives without a

UNIVERSITY OF ALLAHABAD AND ORS.versusAMRIT CHAND TRIPATHI AND ORS.

1986 INSC 1822 September 1986Appeal(s) allowed

The Allahabad University, through its Admissions Committee, resolved on 6 May 1986 to introduce an entrance test for admission to its degree courses in Arts, Science and Commerce. The resolution was challenged in the Allahabad High Court on the ground that the Committee lacked authority and that the Vice‑Chancellor had

NAGESH BISTO DESAI ETC. ETC.versusKHANDO TIRMAL DESAI ETC. ETC.

1982 INSC 282 March 1982Dismissed

Nagesh Bisto Desai, the son of the last Desai, claimed that the Kundgol Deshgat Estate was an impartible watan governed by the rule of lineal primogeniture, and that, as the present watandar, he was entitled to exclusive possession of the estate. The respondents, members of the same joint Hindu family, contended that t

DIWAKAR SHRIVASTAVA AND ORS.versusSTATE OF MADHYA PRADESH AND ORS.

1984 INSC 252 February 1984Dismissed

The appellants challenged the relaxation granted to Scheduled Caste and Scheduled Tribe candidates regarding minimum qualifying marks for admission to Madhya Pradesh medical colleges, arguing that unfilled reserved seats should be transferred to the general category and that they should be admitted. The Supreme Court h

STATE OF ANDHRA PRADESHversusS.R. RANGADAMAPPA

1982 INSC 681 October 1982Dismissed

The respondent was convicted under Section 34(a) of the Andhra Pradesh Excise Act for possession of eight litres of illicitly distilled arrack. The First Class Magistrate sentenced him to two years' rigorous imprisonment, which is the minimum sentence prescribed by the statute. On revision, the High Court reduced the s

SOUTHERN PHARMACEUTICALS & CHEMICALS TRICHUR & ORS. ETC.versusSTATE OF KERALA & ORS. ETC.

1981 INSC 1541 September 1981Dismissed

Southern Pharmaceuticals and other manufacturers of medicinal and toilet preparations containing alcohol challenged the constitutional validity of sections 12A, 12B, 14(e), 14(f) and 68A of the Kerala Abkari Act, 1967 and related rules, arguing that the State lacked competence because the subject fell within the Union’

STATE BANK OF INDIA & ORS.versusYOGENDRA KUMAR SRIVASTAVA & ORS.

1987 INSC 1431 May 1987

The State Bank of India merged its Grade‑I and Grade‑II officers into a new Junior Management Grade effective 1 October 1979 under an order made under s.43 of the State Bank of India Act. Probationary and trainee officers appointed on 30‑31 October 1979 claimed seniority over the erstwhile Grade‑II officers, arguing th

LIBERTY OIL MILLS & OTHERSversusUNION OF INDIA & OTHERS.

1984 INSC 981 May 1984Dismissed

The Supreme Court examined the validity of a series of "abeyance circulars" issued under clause 8B of the Imports (Control) Order, 1955, which placed the licence applications of Liberty Oil Mills and 60 other concerns in abeyance pending investigation into alleged illegal import of beef tallow. The petitioners contende

SEWAKRAM SOBHANIversusR.K. KARANJIA, CHIEF EDITOR, WEEKLY BLITZ & ORS.

1981 INSC 1051 May 1981Appeal(s) allowed

Sewakram Sobhani, a former detainee, sued the editor of the Blitz weekly for defamation after the newspaper published a story alleging he impregnated a female detainee, based on a confidential government enquiry report. The magistrate ordered the plea to be recorded under CrPC s.251 without producing the report, which

BIHAR STATE HARIJAN KALYAN PARISHADversusUNION OF INDIA & ORS.

1985 INSC 451 March 1985Case Allowed

The Bihar State Harijan Kalyan Parishad filed a writ petition challenging two letters—one from the Ministry of Steel and Mines and another from the Steel Authority of India Ltd.—which denied reservation for Scheduled Castes and Scheduled Tribes in promotions by selection to Group ‘A’ posts with a salary ceiling of Rs.

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