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Supreme Court of India

P B SAWANT

123 judgments delivered by benches including this judge.

SMT. PARKASH KAURversusSMT. SANDHOORAN AND ANR.

1993 INSC 12931 March 1993Appeal(s) allowed

Parkash Kaur mortgaged her house to Sandhooran and the property was later sold at auction. She first filed an application under Order XXI Rule 90 to set aside the sale on 16 September 1974 and subsequently filed an application under Order XXI Rule 89 on 23 September 1974 seeking to withdraw the sale and recover the mon

GHAZIABAD SHEROMANI SAHKARI AVAS SAMITI LIMITED & ANR. ETC.versusSTATE OF U.P. & ORS. ETC.

1990 INSC 2231 January 1990Appeal(s) allowed

Five cooperative housing societies comprising low‑paid government servants had purchased land in Ghaziabad to build residential units for their members. The State later issued a notification under sections 4(1) and 17(1) of the Land Acquisition Act, 1894, to acquire the same land for the Ghaziabad Development Authority

DR. RASHMI SRIVASTAVA AND DR. B.D. SRIVASTAVA AND ORS.versusVIKRAM UNIVERSITY AND ORS.

1995 INSC 31530 April 1995Dismissed

The appellants, teachers promoted to Reader and Professor under the University Grants Commission's merit promotion scheme, were placed senior to directly recruited faculty in Vikram University's seniority list. The directly recruited respondents challenged this placement, and the Madhya Pradesh High Court ordered the d

S. V ASUDEVETC. ETC.versusSTATE OF KARNATAKA AND ORS.

1993 INSC 12330 March 1993Appeal(s) allowed

The petitioners challenged the Karnataka State Government's orders permitting a partnership firm to sell excess vacant land under the Urban Land (Ceiling & Regulation) Act, 1976, alleging that the State lacked authority to grant such exemption and that the sale deed was void. The Supreme Court examined the scheme of th

K.P. TIWARIversusSTATE OF MADHYA PRADESH

1993 INSC 35329 October 1993

The petitioner, Additional Sessions Judge K.P. Tiwari, granted temporary and permanent bail to five accused persons despite having rejected their bail applications on merit. The High Court cancelled the bail orders and, in its judgment, alleged that the judge was "interested" and had been "won over" by the accused, att

KISHORE CHANDversusSTATE OF HIMACHAL PRADESH

1990 INSC 26029 August 1990Appeal(s) allowed

The appellant was convicted under sections 302, 201 and 34 of the IPC for the murder and concealment of Joginder Singh, based primarily on three pieces of circumstantial evidence: identification by two liquor‑shop owners, an extra‑judicial confession to a village pradhan, and the recovery of a saw blade under a Section

S. RAJANversusSTATE OF KERALA AND ANOTHER

1992 INSC 18529 July 1992Dismissed

The appellant, a contractor, entered into a 1966 agreement with the State of Kerala to complete work within ten months, but failed to do so and the contract was terminated in 1968. The State served a demand notice under the Revenue Recovery Act on 30 May 1974, which the appellant contested by a writ petition. In 1983 t

PARIMAL CHANDRA AND ORS.versusLIFE INSURANCE CORPORATION OF INDIA AND ORS.

1995 INSC 22929 March 1995Appeal(s) allowed

Parimal Chandra and other canteen workers of the Life Insurance Corporation of India (LIC) filed a writ petition seeking to be treated as regular employees of LIC and to receive the minimum salary paid to Class IV employees, invoking the principle of equal pay for equal work. The High Court initially granted the relief

V. B. RANGARAJversusV. B. GOPALAKRISHNAN AND ORS.

1991 INSC 31728 November 1991Appeal(s) allowed

In a private limited company with 50 shares, two brothers each held 25 shares and orally agreed that any sale of shares would first be offered to members of the same family branch. The agreement was never incorporated into the Articles of Association. After the brothers' deaths, a son of one brother sold his shares to

NATHU RAMversusSTATE OF HARYANA

1993 INSC 34327 October 1993Dismissed

The appellant, Nathu Ram, was accused along with a private doctor of attempting to rape the daughter‑in‑law of the complainant while she lay unconscious in the doctor's clinic. The complainant (PW8) testified that the doctor was naked and the appellant was scantily dressed when he entered with hot water and attempted t

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

1993 INSC 34427 October 1993

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

SUKUMAR MUKHERJEE ETC. ETC.versusSTATE OF WEST BENGAL AND ANR.

1993 INSC 24627 July 1993Dismissed

The Supreme Court upheld the West Bengal Health Service Act, 1990 and the West Bengal Health Service Rules, 1993, rejecting challenges that the statutes were beyond the State's legislative competence and violated Articles 14 and 19(1)(g) of the Constitution. The Court held that the Act merely regulates conditions of se

GRAHAK SANSTHA MANCH AND ETC.versusSTATE OF MAHARASHTRA

1994 INSC 17527 April 1994

The petitioners, a coalition of cooperative societies running fair‑price ration shops and occupants of residential premises, challenged a State Government notice to vacate premises that had been requisitioned under the Bombay Land Requisition Act, 1948 more than four decades earlier. They argued that requisition could

SUBHASH MULJIMAL GANDHIversusL. HIMINGLIANA AND ANR .

1994 INSC 33826 August 1994Dismissed

The respondent, acting as Secretary (Preventive Detention), issued a detention order under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against the appellant for alleged gold smuggling. The appellant challenged the order at the pre‑execution stage, arguing that i

PARRIPATI CHANDRASEKHARRAO AND SONSversusALAPATI JALAIAH

1995 INSC 30326 April 1995Appeal(s) allowed

The tenant filed three applications before the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 seeking rent‑deposit, fixation of standard rent and relief from inconvenience. While these applications were pending, the State Government issued a notification (effective 26 Oct 1983) exempting building

DR. RAVINDER NATHversusSTATE OF H.P. AND ORS.

1992 INSC 26625 September 1992Appeal(s) allowed

The respondents, Ayurvedic compounders employed by the Himachal Pradesh Health Department, sought promotion to Ayurvedic Chikitsa Adhikari (Vaidya) on the basis of diplomas/degrees obtained from Hindi Sahitya Sammelan (H.S.S.) in 1974. The State and existing Vaidyas argued that only qualifications listed in the Second

G.L. HOTELS LTD. ETC.versusT.C. SARIN AND ANR.

1993 INSC 27725 August 1993

The Employees' State Insurance Corporation demanded contributions from several hotels for the period 1970‑1978, treating the hotels as factories under the Employees' State Insurance Act, 1948 because cooking in their kitchens was a manufacturing process. The hotels contended that only the kitchen should be deemed a fac

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANR.

1995 INSC 7525 January 1995Disposed off

The Delhi Development Authority (DDA) auctioned a commercial tower plot and awarded it to Skipper Construction Ltd., which paid only 25% of the bid and later defaulted on the balance despite multiple extensions and court orders. Skipper repeatedly violated interim orders by seeking to create third‑party rights through

STATE OF U.P. AND ORS. ETCversusU.P. STATE LAW OFFICERS ASSOCIATION AND ORS. ETC.

1994 INSC 2825 January 1994Appeal(s) allowed

The Uttar Pradesh State Government appointed law officers and brief holders on contracts that allowed termination at any time without cause. The government later abolished the brief‑holder system and removed 26 law officers, prompting the officers to file a writ alleging violation of Article 14 and natural justice. The

WORKERS OF ROHTAS INDUSTRIES LTD.versusROHTAS INDUSTRIES LTD.

1989 INSC 31924 October 1989Directions issued

The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking the Sick Industrial C

STATE OF TAMIL NADU AND ORS.versusSANJEETHA TRADING CO. AND ORS.

1992 INSC 26324 September 1992Appeal(s) allowed

The State of Tamil Nadu, under the Tamil Nadu Essential Articles Control and Requisitioning Act, 1949, declared timber an essential article and issued the Tamil Nadu Timber (Movement Control) Order, 1982 which allowed transport of timber outside the State only on a permit. In September 1983 the State amended the Order,

STATE BANK OF INDIAversusWORKMEN OF STATE BANK OF INDIA AND ANR.

1990 INSC 25424 August 1990Appeal(s) allowed

The State Bank of India dismissed a clerk after a departmental inquiry found him guilty of several acts of misconduct. The bank invoked paragraph 521(10)(c) of the Shastri Award, discharging him on payment of one month's salary in lieu of notice, and claimed this was not a disciplinary action. The Union raised an indus

STATE OF U.P. AND ORS. ETC. ETC.versusPRADHAN SANGH KSHETIRA SAMITI AND ORS. ETC. ETC.

1995 INSC 21024 March 1995Appeal(s) allowed

The Supreme Court examined the constitutionality of several provisions of the Uttar Pradesh Panchayat Raj Act, 1947 (as amended in 1994) after the State of U.P. and others challenged the High Court's finding that definitions of 'village', 'Gram Sabha' and 'panchayat area' were ultra vires Articles 243(g), 243(b) and 24

P. KASILINGAM AND ORS.versusP.S.G. COLLEGE OF TECHNOLOGY AND ORS.

1995 INSC 21124 March 1995Dismissed

The Supreme Court considered appeals by teaching staff of P.S.G. College of Technology challenging a Madras High Court decision that the Tamil Nadu Private Colleges (Regulation) Act, 1976 and its Rules did not apply to the college. The college, a private engineering institution, had resolved that the Act and Rules were

STATE OF TAMIL NADU AND ANR.versusADHIYAMAN EDUCATIONAL AND RESEARCH INSTITUTE AND ORS.

1995 INSC 21224 March 1995Dismissed

The State of Tamil Nadu permitted a private trust to start a self‑financing engineering college and granted it provisional affiliation. Later a High Power Committee found the college non‑compliant with conditions, leading the State and the University to issue show‑cause notices and cancel the affiliation. The trust cha

MAHARASHTRA STATE COOPERATIVE COTTAN GROWERS' MARKETING FEDERATION LTD. AND ANR.versusMAHARASHTRA STATE COOPERATIVE COTTON GROWERS' MARKETING FEDERATION EMPLOYEES UNION AND ANR.

1994 INSC 2324 January 1994

The case concerned whether the 1984 Patankar Award of the Industrial Tribunal, which made permanent those workers who had completed 240 days of continuous service, applied to seasonal employees of the Maharashtra State Cooperative Cotton Growers' Marketing Federation. The Union of seasonal employees claimed that the aw

UNION OF INDIA AND ORS.versusDEV RAJ GUPTA AND ORS.

1990 INSC 32123 October 1990Appeal(s) allowed

The Union of India leased a parcel of land at 20 Barakhamba Road to various lessees who later sought to convert its use from residential to commercial. The lessees sent several letters enquiring about charges, but only on 27 February 1981 did they file a proper application in the prescribed form signed by all co‑lessee

CHAIRMAN AND M.D. SINGARENI COLLIERIES AND ANR.versusM. RAMESH CHANDER AND ORS.

1994 INSC 53522 November 1994

The dispute concerned recruitment to the statutory posts of Welfare Officers under Rule 72 of the Mines Rules. Coal India Ltd. adopted a policy that one‑third of the posts be filled by internal candidates and the remaining two‑thirds by external candidates, with a common written test for all applicants. The company fir

SHAMKANT NARAYAN DESHPANDEversusMAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION AND ANR.

1992 INSC 29021 October 1992Dismissed

Shamkant Narayan Deshpande, a diploma‑holder Executive Engineer, was denied promotion to Superintending Engineer because a 1988 resolution of the Maharashtra Industrial Development Corporation reserved 75% of such posts for degree‑holding engineers and 25% for diploma‑holders. He challenged the resolution as discrimina

DR. SURESH CHANDRA VERMA AND ORS.versusCHANCELLOR, NAGPUR UNIVERSITY AND ORS.

1990 INSC 24421 August 1990Dismissed

The Nagpur University issued an employment notice for 77 teaching posts, indicating reservations only by category and not by subject. Selection committees recommended candidates, but the Executive Council later set aside 17 posts as reserved and made temporary appointments. The High Court quashed the notice and appoint

SMT. CHARANJIT KAURversusUNION OF INDIA AND ORS.

1994 INSC 2121 January 1994

The petitioner, a widow of a Major in the Indian Army, sought Special Family Pension, Children Allowance and monetary compensation after her husband died in mysterious circumstances involving extensive burns. The authorities denied her claim, stating the death was not attributable to military service and refused to dis

AWAS EVAM VIKAS PARISHADversusGYAN DEVI (DEAD) BY L.RS. AND ORS.

1994 INSC 47620 October 1994

The Uttar Pradesh Awas Evam Vikas Parishad (the Board), a statutory body acquiring land for a housing scheme, was not impleaded in the compensation proceedings before the tribunal and the High Court. The land owners challenged the compensation awarded, leading to enhanced awards by the High Court, which did not include

NEDURIMILLI JANARDHANA REDDYversusPROGRESSIVE DEMOCRATIC STUDENTS UNION AND ORS.

1994 INSC 40120 September 1994Dismissed

The Supreme Court examined the Andhra Pradesh Government's grant of permission to twenty societies to establish unaided private medical and dental colleges. The Court found that the State had framed the 1992 Rules and invited applications before constituting the "competent authority" mandated by the Andhra Pradesh Educ

ANLL KUMAR MAHSIversusUNION OF INDIA AND ANR.

1994 INSC 27120 July 1994Dismissed

The petitioner, Anil Kumar Mahsi, filed a writ petition under Article 32 challenging Section 10 of the Indian Divorce Act, 1869 as being discriminatory against husbands and violative of Article 14 of the Constitution. He sought dissolution of his marriage on the ground of his wife's desertion and contended that the Act

THE STATE OF GUJARATversusGADHVI RAMBHAI NATHABHAI AND ORS. ETC.

1994 INSC 22120 June 1994Appeal(s) allowed

The State of Gujarat alleged that several accused, including Gadhvi Rambhai Nathabhai, were involved in large‑scale smuggling and distribution of foreign‑origin arms, ammunition and cash, and were charged under the Arms Act, the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Customs Act. The

KANWAR LALversusIIND ADDITIONAL DISTT. JUDGE, NAINITAL AND ORS.

1995 INSC 28420 April 1995Dismissed

The appellant, Kanwar Lal, succeeded to a 1920 lease of 4,805 acres granted under the Government Grants Act, 1895, which was later taken over by the Uttar Pradesh Government Estates Thekedari Abolition Act, 1958. The State amended the Grants Act and later enacted the Validation Act, 1970 to revive the earlier notificat

STATE OF PUNJABversusAJAIB SINGH

1995 INSC 6920 January 1995Dismissed

In an altercation on the GT Road in 1976, Sub‑Inspector Ajaib Singh shot and killed Assistant Sub‑Inspector Gurnam Singh and Constable Paramjit Singh. The trial court convicted Singh under Section 302 IPC and the Arms Act, but the Punjab & Haryana High Court acquitted him, holding that he acted in private defence under

MIS HIND WIRE INDUSTRIES LTD.versusTHE COMMISSIONER OF INCOME TAX, WEST BENGAL-V

1995 INSC 7020 January 1995Appeal(s) allowed

Mis Hind Wire Industries Ltd. was originally assessed for income tax on 21 September 1979. The assessee obtained a rectification of that order on 12 July 1982 under Section 154 of the Income‑Tax Act. A second rectification application was filed on 4 July 1986, which the Income‑Tax Officer rejected as time‑barred; the a

RAMCHANDRA PANDURANG SONAR (DECEASED) THROUGH HIS HEIRS AND LEGAL REPRESENTATIVES AND ORS.versusMURLIDHAR RAMCHANDRA SONAR AND ORS.

1990 INSC 20719 July 1990Appeal(s) allowed

The plaintiff, a son of Ramchandra, claimed that Survey No.71, allotted to his father in a 1918 partition, was ancestral joint‑family property and that other suit properties were bought with its income. The defendants, other children of Ramchandra, contended that those properties were self‑acquired from the gold‑smithi

IN RE: SANJIV DATTA AND ORSversusIN RE: SANJIV DATTA AND ORS

1995 INSC 27719 April 1995Disposed off

The Supreme Court heard a suo moto contempt petition against Deputy Secretary Sanjiv Datta of the Ministry of Information and Broadcasting, who filed an affidavit in a writ petition concerning a cricket broadcasting dispute that alleged the Court had erred, mocked government policy, and undermined national sovereignty.

RADHAKISAN RATHIversusADDITIONAL COLLECTOR, DURG AND ORS.

1995 INSC 27919 April 1995Dismissed

The appellants, owners of cinema theatres located within municipal or corporation limits in Madhya Pradesh, challenged the imposition of a theatre tax by Janapada Panchayats under the Madhya Pradesh Panchayats Act, 1962, arguing that they already paid cinema tax under the Municipalities Act, 1961 or the Municipal Corpo

JAI SHANKAR PRASADversusSTATE OF BIHAR AND ORS.

1993 INSC 10719 March 1993Dismissed

The Supreme Court examined the appointment of Dr. Shiva Jatan Thakur, a blind scholar, as the seventh non‑service member of the Bihar State Public Service Commission. The appellant challenged the appointment on two grounds: (i) that it violated the proviso to Article 316(1) of the Constitution, which requires that, as

BANWASI SEVA ASHRAMversusSTATE OF U.P. AND ORS.

1992 INSC 5219 February 1992Disposed off

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

CHANDIGARH ADMINISTRATION AND ANR. ETC. ETC.versusMANPREET SINGH AND ORS. ETC. ETC.

1991 INSC 29818 November 1991Disposed off

The Union Territory of Chandigarh reserved 5% of seats in Punjab Engineering College for children and spouses of military/para‑military personnel, dividing them into five sub‑categories with a descending order of priority. Several applicants challenged the categorisation, arguing that the High Court had exceeded its ju

THE STATE OF KARNATAKA AND ORS.versusSHANKARA TEXTILES MILLS LTD.

1994 INSC 46118 October 1994Appeal(s) allowed

Shankara Textiles Mills Ltd. owned 49 acres of land, part of which had been lawfully converted to non‑agricultural use under Section 95(2) of the Karnataka Land Revenue Act, while the remaining 36 acres remained agricultural. The Improvement Board acquired 28 acres of the agricultural portion under the Karnataka Improv

MOHAMMAD MAHIBULLA AND ANRversusSETH CHAMAN LAL (DEAD) BY LRS. AND ORS.

1991 INSC 24218 September 1991Appeal(s) allowed

The Wakf Board filed a suit for declaration of a right of passage, which was dismissed by the trial court, leading it to file a title appeal before the District Judge. Although an exemption allowed a nominal court fee of Rs.15 on the plaint, the memorandum of appeal required a fee of Rs.638, of which only Rs.15 was pai

ACTION COMMITTEE ON ISSUE OF CASTE CERTIFICATE TO SCHEDULED CASTES AND SCHEDULED TRIBES IN THE STATE OF MAHARASHTRAversusUNION OF INDIA AND ANR.

1994 INSC 26218 July 1994Dismissed

The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the spirit of Articles

MOHAMMAD JAFAR AND ORS. ETC. ETC.versusUNION OF INDIA

1994 INSC 12218 March 1994Case Allowed

The Central Government, on 10 December 1992, declared the Jamaat-e-Islami Hind (JEIH) an unlawful association under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, and invoked the proviso to Section 3(3) to give the ban immediate effect. The petitioners challenged this exercise of power, arguing that th

DR. M.A. HAQUE AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 5818 February 1993Disposed off

The petitioners were appointed as Assistant Divisional Medical Officers on an ad‑hoc basis by the Railways between 1968 and 1 October 1984. Their services were later regularised by two Supreme Court orders (24 September 1987 and 1 November 1988). They then sought fixation of their seniority relative to doctors recruite

TEJ NARAIN TIW ARYversusSTATE OF BIHAR AND ORS.

1993 INSC 5918 February 1993Appeal(s) allowed

The appellant, Tej Narain Tiwary, was appointed as a Special Officer (Stores) on 16 August 1969, a temporary post that was later abolished. After obtaining an injunction against the abolition, a compromise led to his appointment as a Section Officer on 20 March 1972, with his pay protected, and the Board later regulari

GUJCHEM DISTILLERS INDIA LTD.versusSTATE OF GUJARAT AND ANR.

1992 INSC 4717 February 1992Dismissed

Gujchem Distillers India Ltd, a manufacturer of industrial alcohol, was required under a licence to pay supervisory charges to a staff appointed by the Gujarat State under Section 58(A) of the Bombay Prohibition Act, 1949. The company challenged the constitutional validity of that provision, arguing that the State had

STATE OF WEST BENGAL AND ORS.versusHARI NARAYAN BHOWAL AND ORS.

1994 INSC 11616 March 1994Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that directed the government to grant agragamies (volunteers) of the West Bengal National Volunteer Force the same pay scale and benefits as police constables, on the ground of "equal pay for equal work". The respondents, recruited under the West Ben

ROYAL HATCHARIES PVT. LTD. ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ANR. ETC. ETC.

1993 INSC 33715 October 1993

Royal Hatcheries Pvt. Ltd. and other hatcheries sell day‑old chicks to poultry farms. The Andhra Pradesh sales‑tax authorities treated the chicks as general goods and levied tax on the sale under Section 5(1) of the Andhra Pradesh General Sales Tax Act, 1957. The hatcheries contended that the chicks fell within clause

YOGENDRA PAL AND OTHERSversusMUNICIPALITY, BHATINDA AND ANR.

1994 INSC 26115 July 1994Dismissed

The Supreme Court examined the validity of Sections 192(1)(c) of the Punjab Municipal Act, 1911 and 203(1)(c) of the Haryana Municipal Act, 1973, which allowed municipal committees to transfer land for town‑planning schemes without payment of compensation or with discretionary compensation. Petitioners whose land had b

EMPWYEES STATE INSURANCE CORPORATIONversusHOTEL KALPAKA INTERNATIONAL

1993 INSC 1815 January 1993Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) assessed contribution from Hotel Kalpaka International for the period 11 July 1985 to 31 March 1988 under section 45‑A of the Employees' State Insurance Act, 1948. The hotel, which employed more than 20 workers and was covered by the Act, closed its business on 31 March

BABULAL NAROTIAMDAS AND ORS.versusCOMMISSIONER OF INCOME-TAX, BOMBAY

1990 INSC 38714 December 1990Dismissed

The appellant, a managing agent, was entitled under a company resolution dated 20 July 1949 to receive an extra remuneration of Rs 15,000 per annum. Shareholders sued to enjoin the payment, claiming the resolution illegal; the trial court decreed in their favour but the High Court reversed, upholding the resolution. Th

MODI INDUSTRIES LTD.versusSTATE OF UTTAR PRADESH AND ORS.

1993 INSC 33514 October 1993Appeal(s) allowed

Modi Industries Ltd. (the appellant) operated a manufacturing unit where a dispute between management and trade unions led to a halt in production from 21 December 1990 to 3 March 1991. The company refused to pay wages for this period, prompting the Additional Labour Commissioner to issue a notice under Section 3 of th

SAHNI SILK MILLS (P) LTD. AND ANR. ETC. ETC.versusEMPLOYEES STATE INSURANCE CORPORATION

1994 INSC 25214 July 1994

The Employees State Insurance Corporation (ESIC) issued a resolution on 28 February 1976 delegating its power under Section 85‑B of the Employees State Insurance Act, 1948 to levy damages, to the Director General and authorising him to further delegate that power to any officer. The Director General subsequently author

BHUBANESHWAR SINGH AND BIMLA DEVI PODDAR AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS.

1994 INSC 25314 July 1994Dismissed

The petitioners, owners of coking coal mines, claimed that the Central Government, as custodian, had failed to credit them for the value of coke stock lying in the mines on the date immediately before the appointed day of nationalisation, and sought compensation under the Coking Coal Mines (Nationalisation) Act, 1972.

RAJA VIDEO PARLOUR AND ORS. ETC.versusSTATE OF PUNJAB AND ORS . ETC.

1993 INSC 23214 July 1993Case Allowed

The appellants operated video parlours that exhibited pre‑recorded films using VCR/VCP and a TV projector onto a separate 100‑120 inch screen, with seating capacities exceeding fifty. The Punjab Exhibition of Films on Television Screen through Video Cassette Players (Regulation) Rules, 1989 limited licences to premises

M/S. LAXMI VIDEO THEATERS AND OTHERSversusSTATE OF HARYANA AND OTHERS

1993 INSC 23314 July 1993Dismissed

The appellants operated video parlours in Haryana, exhibiting pre‑recorded films through VCRs/VCPs without obtaining licences under the Cinematograph Act, 1952 and the Punjab Cinemas (Regulation) Act, 1952. They sought a writ from the High Court contending that a VCR does not fall within the definition of "cinematograp

M/S. REGAL VIDEOversusSTATE OF HARYANA AND OTHERS

1993 INSC 23414 July 1993Appeal(s) allowed

M/s Regal Video operated a video parlour in Haryana, exhibiting pre‑recorded films through a VCR/VCP and a video projector onto a separate wide screen. The Haryana government, by a 1989 notification, amended the Punjab Cinemas (Regulation) Rules, 1952 to include Rules 98‑100 dealing with video‑cinemas. The appellant co

SHANKAR VIDEO AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

1993 INSC 23514 July 1993Appeal(s) allowed

The appellants operated a video cinema using an ENTEL video projector system that displayed pre‑recorded movies from VCR/VCP on a large separate screen. They obtained licences under the Maharashtra Cinemas (Regulation) Rules, 1966 (as amended) but a touring cinema licence‑holder challenged the validity of those licence

MUKUND LAL BHANDARI AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 21014 May 1993Disposed off

The petitioners, late freedom fighters who participated in the Arya Samaj Movement in the former Hyderabad State, sought pension under the Freedom Fighters Pension Scheme, 1972. The Union of India contended that the petitioners had filed their applications after the prescribed deadline and had not produced the requisit

DR. NANDJEE SINGHversusP.G. MEDICAL STUDENTS ASSOCIATION AND ORS.

1993 INSC 21314 May 1993Appeal(s) allowed

Dr. N. Singh, a biochemist attached to Rajendra Medical College, applied for registration as a teacher candidate for the M.D. (General Medicine) examination. The University and the High Court held that he was not a teacher and had not completed the requisite three years of training, including housemanship, and conseque

DR. (MRS.) PUSHPA VISHNU KUMAR GURTUversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 11314 February 1995Appeal(s) allowed

Dr. Pushpa, a Reader appointed on 11 October 1977 in a Government Medical College, challenged a seniority list issued by the Maharashtra Government that antedated the appointment of Dr. Guhe (the respondent) from 2 July 1979 to 19 January 1977, thereby making her senior. The seniority list was based on Rule 6 of the Go

M/S BHARAT COKING COAL LTD.versusM/S C.K. AHUJA AND ANR.

1995 INSC 11414 February 1995Disposed off

The Supreme Court had earlier referred the disputes between M/s Bharat Coking Coal Ltd. and M/s C.K. Ahuja to arbitration by consent, appointing an arbitrator who rendered an award on 14 February 1994. The award was filed before the Court and notice of filing was given on 29 April 1994. The respondents filed applicatio

PVT PHILIPversusP. NARASIMHA REDDY AND ORS.

1993 INSC 22413 July 1993Appeal(s) allowed

The appellant, an ex‑Air Force officer, was initially appointed as a temporary jailor on 27 June 1969, later transferred to a District Probation Officer (D.P.O.) post, and subsequently re‑appointed as a jailor on several occasions. He sought regularisation of his jailor service from the original appointment date so tha

DR. M.S. MUDHOL AND ANR.versusSHRI S.D. HALEGKAR AND ORS.

1993 INSC 22513 July 1993Dismissed

The petitioners, members of the teaching staff, sought a writ of quo warranto to remove the principal of a private aided school on the ground that he lacked the essential academic qualification of a II division Master's degree, possessing only a third‑class M.A. but an II division M.Ed. The High Court dismissed the pet

MRS. REKHA CHATURVEDIversusUNIVERSITY OF RAJASTHAN AND ORS.

1993 INSC 1413 January 1993Dismissed

The University of Rajasthan advertised ten Assistant Professor posts requiring a doctorate or equivalent research and a second‑class master's degree. Six candidates were appointed from the general category, but most lacked a doctorate at the application deadline, and the university relaxed qualifications without explic

RAMESHWAR DAYALversusBANDA (DEAD) THROUGH HIS LRS. AND ANR.

1993 INSC 1513 January 1993Dismissed

Rameshwar Dayal, claiming ownership of a house, had earlier obtained an eviction decree against tenant Habib and sub‑tenant Banda from a Small Causes Court. Banda later sued Dayal asserting title to the property and seeking a declaration that the earlier eviction decree was a nullity and an injunction against disposses

SWAPAN KUMAR CHOUDHARY AND ORS.versusTAPAS CHAKRAVORTY

1995 INSC 37612 May 1995Appeal(s) allowed

The West Bengal Factories Service comprised three categories of inspectors – general, chemical and medical – each with separate recruitment rules and pay scales. After the Bhopal disaster, the State created a chemical cadre with a lower pay scale and limited promotional prospects, prompting chemical inspectors to seek

CHRISTIAN CHILDREN FUND INC.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

1994 INSC 20612 May 1994

The Christian Children Fund Inc., a charitable organization, applied for exemption from property tax on its Delhi branch office premises under Section 115(4) of the Delhi Municipal Corporation Act, 1957. The municipal corporation rejected the exemption, holding that the premises were used for office purposes and not fo

INDIAN NUT PRODUCTS AND OTHERSversusUNION OF INDIA

1994 INSC 20412 May 1994

The Kerala Government, invoking the Kerala Cashew Factories (Acquisition) Act, 1974, issued a common notice to 36 cashew factories stating they were closed and would cause large‑scale unemployment, and subsequently declared the factories transferred to the State. The owners, who were also occupiers, challenged the noti

AYURVIDYA PRASARAK MANDAL AND ANRversusMRS. GEETA BHASKAR PENDSE AND ORS.

1991 INSC 10012 April 1991Appeal(s) allowed

The case concerned the appointment of a Sanskrit lecturer in a college run by a trust, where the post was reserved for candidates from backward classes under Government resolutions and Bombay University directions. The trust appointed a non‑backward class candidate (the first respondent) repeatedly without issuing the

RATTAN CHAND HIRA CHANDversusASKAR NAWAZ JUNG (DEAD) BY L.RS. AND ORS.

1991 INSC 3312 February 1991Dismissed

The Supreme Court examined a contract where the plaintiff advanced Rs 75,000 to a claimant of Nawab Salar Jung’s estate in return for a one‑anna share of the proceeds, with the understanding that the plaintiff would use his influence over government ministers to secure the claimant’s recognition as heir. The trial and

BHANWAR LALversusSMT. PREM LATA & ORS.

1990 INSC 512 January 1990Appeal(s) allowed

A joint family house was auctioned to satisfy an ex‑parte money decree of Rs 5,557.10. The coparceners objected, the sale was confirmed, and they filed a suit under Order 21 Rule 63 CPC to set aside the sale, valuing the property at Rs 15,000. The trial court dismissed the suit, but the District Court allowed the appea

COFFEE BOARD EMPLOYEES ASSOCIATION AND ORS.versusA. C. SHIV.A GOWDA AND ORS.

1991 INSC 33511 December 1991Appeal(s) allowed

The Coffee Board, which employs staff for storing, curing and marketing coffee, made an ex‑gratia payment to those employees equal to the minimum bonus payable under the Payment of Bonus Act for the years 1964‑65 to 1968‑69. The payment was made from the surplus "Pool Fund" created under Section 32 of the Coffee Act, 1

BAKSHISH SINGHversusM/S DARSHAN ENGINEERING WORKS & ORS.

1993 INSC 32511 October 1993Appeal(s) allowed

Bakshish Singh, a fitter, resigned after more than ten years of service and claimed gratuity under Section 4(1)(b) of the Payment of Gratuity Act, 1972. The Controlling Authority awarded him gratuity, but the employer challenged the award, and the High Court struck down Section 4(1)(b) as an unreasonable restriction on

RAJASTHAN STATE ELECTRICITY BOARD AND ORS.versusLAXMAN LAL ETC. ETC.

1990 INSC 31811 October 1990Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) and its employees entered into a first settlement on 22‑Feb‑1972 fixing pay‑scale No. 3 for Meter Readers/Checkers, later clarified by a second settlement on 2‑Dec‑1972 that created two grades (I and II) with different scales. The High Court quashed the second settlement and

H.R. ADYANTHAYAversusSANDOZ (INDIA) LTD.

1994 INSC 31311 August 1994

The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of a medical represent

S.R. BOMMAIversusUNION OF INDIA AND ORS.

1994 INSC 11111 March 1994

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, Meghalaya, Nagaland, Madhya

J. R. KAPOORversusM/S MICRONIX INDIA

1994 INSC 31210 August 1994Appeal(s) allowed

The dispute involved M/s. Micronix India (respondent) and a former partner who started a new business under the name M/s. Microtel with a similar logo and packaging. The respondent obtained an interim injunction restraining the appellant from using the trade name 'MICROTEL', the logo 'M', and the carton, alleging trade

KRISHI UPAJ MANDI SAMITI AND ORS.versusORIENT PAPER AND INDUSTRIES LTD.

1994 INSC 5099 November 1994

Orient Paper Mills bought bamboos from the State Forest Department at depots located within the market area of the Krishi Upaj Mandi Samiti (the appellant). The Samiti levied market fees on the purchase under Section 19 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973. The mill challenged the levy in a writ peti

STATE BANK OF INDIA AND ANR.versusV. PARTHASARATHY ETC.

1992 INSC 3059 November 1992Appeal(s) allowed

The State Bank of India issued Staff Circular No. 42, which laid down a three‑option procedure for promotion of clerks to Head Clerk, with permanent debarment if the final offer is refused. The respondents, clerks in the Madras Regional Office, declined the first two offers and were then given a third offer for a Head

SITA RAMversusCHHOTA BHONDEY AND OTHERS

1990 INSC 3109 October 1990Dismissed

The dispute involved Sita Ram (appellant) and Chhota Bhondey (respondent No 1) together with two other family members over shares in lands recorded in Khata Nos 72 and 73 in Sambhalpur Sheoli, Uttar Pradesh. The matters were examined in consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953, where

DDA GRADUATE ENGINEERS' ASSOCIATION AND ORS.versusLIEUTENANT GOVERNOR OF DELHI AND ORS.

1992 INSC 2419 September 1992Dismissed

The DDA Graduate Engineers' Association, representing graduate Assistant Engineers, challenged a Delhi Development Authority (DDA) resolution that allowed diploma‑holder Assistant Engineers to be promoted to Executive Engineer. The dispute centered on whether Resolution No. 105 (16 June 1971) incorporated only the stat

SURYA PRAKASH SHARMAversusSTATE OF U.P. AND ORS.

1994 INSC 3069 August 1994

Surya Prakash Sharma was detained under Section 3(3) of the National Security Act, 1980 while already in judicial custody for a murder case. The grounds of detention alleged that he might commit further serious offences if released on bail. The Supreme Court examined whether a preventive detention order can be validly

SMT. LAXMI DEVIversusSATYA NARAYAN AND ORS.

1994 INSC 3079 August 1994

The appellant, Laxmi Devi, alleged that her husband, Satya Narayan, had contracted a second marriage, constituting an offence under Section 494 of the Indian Penal Code. The trial court held that the prosecution failed to prove the essential Hindu marriage rite of Saptapadi, which is required to establish a valid marri

KRISHAN KUMARversusSTATE OF RAJASTHAN AND ORS.

1991 INSC 1859 August 1991Dismissed

Krishan Kumar, holder of a stage‑carriage permit for the Kota‑Khanpur route, challenged the State of Rajasthan’s decision to grant an exclusive operating right on the overlapping Kota‑Sangod route. The State Road Transport Corporation had issued a notification on 11‑Oct‑1979 under Section 68‑C of the Motor Vehicles Act

STATE OF U.P.versusMATA BHIKH AND ORS.

1994 INSC 1109 March 1994Appeal(s) allowed

The State of U.P. appealed against a High Court order that set aside the conviction of respondents for violating a Section 145 order because the complaint was filed by a successor magistrate rather than the magistrate who originally issued the order. The Supreme Court examined the meaning of "public servant concerned"

SATYANARAIN BAJORIA AND ANR.versusRAMNARAIN TIBREWAL AND ANR.

1993 INSC 2918 September 1993

Satyanarain Bajoria, the judgment debtor, claimed that a decree against him had been satisfied, but the decree-holder later filed a fresh execution proceeding more than two years after the original decree and auctioned Bajoria's land for a fraction of its market value. The sale was conducted without proper service of n

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANR. ETC.

1995 INSC 1058 February 1995Disposed off

The Delhi Development Authority (DDA) held an auction for a commercial plot in 1980, and Skipper Construction was the highest bidder at Rs. 9.82 crores. Skipper deposited 25% but delayed the balance payment, leading to an agreement in 1987 for instalment payments. Skipper continued to delay and filed a writ petition in

S.S. GREWALversusSTATE OF PUNJAB AND ORS.

1993 INSC 1867 May 1993Appeal(s) allowed

The case concerned the inter‑se seniority of two officers appointed to the Punjab Superior Judicial Service in 1986 – the appellant, a general‑category candidate, and respondent No.3, a Mazhbi Sikh (Scheduled Caste). The dispute arose over which roster points (7 or 9) the two Scheduled‑Caste appointees – Shri G.S. Samr

M/S NOORULLA GHAZANFARULLAversusL. THE MUNICIPAL BOARD OF ALIGARH, ALIGARH 2. THE STATE OF UTIAR PRADESH, LUCKNOW 3. SH. R.N. MATHUR, OFFICER-ON-SPECIAL DUTY, NAGAR PALIKA, ALIGARH.

1995 INSC 1047 February 1995Disposed off

The appellant, a partnership holding a water‑supply licence granted under the U.P. Municipalities Act, 1916, asked the Aligarh Municipal Board to revoke its licence so that the Board could purchase the water works. The Board revoked the licence on 1 April 1975 and claimed that the water‑works property vested in it from

DHARAMPAL AND ORS .versusSMT. RAMSHRI AND ORS.

1993 INSC 17 January 1993Appeal(s) allowed

The appellants and the first respondent disputed possession of a house. The respondent filed a criminal application under Section 145 of the CrPC, and the Sub‑Divisional Magistrate attached the property under Section 146, directing that the attachment continue until a competent civil court determined the parties' right

HEM CHANDversusSTATE OF HARYANA

1994 INSC 4466 October 1994Dismissed

Hem Chand, a police employee, was convicted under Sections 304‑B (dowry death) and 498‑A of the IPC for the strangulation death of his wife Saroj Bala within seven years of marriage. The trial court sentenced him to life imprisonment for the dowry death and two years for cruelty; the High Court affirmed both conviction

MOHAN RAWALEversusDAMODAR TATYABA@ DADASAHEB AND ORS.

1992 INSC 1956 August 1992Disposed off

The respondent, defeated in the 1991 Lok Sabha election, filed an election petition alleging corrupt practices under Sections 123(2), 123(3) and 123(3A) of the Representation of People Act, 1951. The appellant sought dismissal on three grounds: (i) the alleged corrupt acts occurred before he was a "candidate" as define

SATPAL ANTIL AND ANR.versusUNION OF INDIA AND ANR.

1995 INSC 3405 May 1995Dismissed

The appellants, Junior Engineers (Civil) in the Telecommunication Department, passed the departmental qualifying examination for promotion to Assistant Engineer (Civil) and were placed at lower seniority positions in the list prepared by the department. They challenged the seniority list before the Central Administrati

EXCISE COMMISSIONER, KARNATAKA AND ANR.versusV. SREEKANTA

1993 INSC 845 March 1993Appeal(s) allowed

The respondent, V. Sreekanta, was appointed as an Excise Inspector (Junior) on a purely temporary, ad‑hoc basis on 17 January 1968 as a "local candidate" through the Employment Exchange. In October 1971, he was regularised under the Karnataka State Civil Services (Direct Recruitment to Class III posts) (Special) Rules,

SHRI HARISH TANDONversusTHE ADDL. DISTRICT MAGISTRATE, ALLAHABAD, U.P. AND ORS.

1995 INSC 75 January 1995Appeal(s) allowed

The appellant, Harish Tandon, sought eviction of tenants occupying a shop in Allahabad after the original tenant died and his heirs continued the business. The heirs admitted the original tenant's son‑in‑law as a partner in the firm, which the landlord claimed created a deemed vacancy and deemed sub‑letting under the U

VIJAY MILLS C'OMPANY LIMITED ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1992 INSC 3294 December 1992Dismissed

Vijay Mills Co. Ltd. owned about 2 lakh sq. m. of non‑agricultural land in Ahmedabad that was assessed at 2 paise per sq. m. under the Gujarat Land Revenue Rules, 1972. The State Government drafted rules in July 1976 to raise the rate, withdrew the notification, invited objections, and finally issued the 1977 Rules in

THE CHANCELLOR AND ANR.versusDR. BIJYANANDA KAR AND ORS.

1993 INSC 3624 November 1993

Utkal University advertised for a Professor of Philosophy and a Selection Committee, constituted under Section 21(2) of the Orissa Universities Act, 1989, unanimously recommended Dr. Prafulla Kumar Mohapatra for the post. After the recommendation, three expert members of the Committee sent letters to the Vice‑Chancello

B.P.L. PHARMACEUTICALS LTDversusCOLLECTOR OF CENTRAL EXCISE, VADODARA

1995 INSC 3384 May 1995Appeal(s) allowed

B.P.L. Pharmaceuticals Ltd. manufactured a Selenium Sulfide Lotion (branded Selsun) containing 2.5% selenium sulfide, used for treating seborrhoeic dermatitis and tinea versicolor. The product was certified as a drug by the FDA, labelled with warnings, and marketed through chemists on prescription. While earlier excise

UMESH KUMAR NAGPAL ETC.versusSTATE OF HARYANA AND ORS.

1994 INSC 1894 May 1994

The Supreme Court examined two Special Leave Petitions challenging a State Government's instruction that allowed compassionate appointments in a Class II post to a dependent of a deceased employee. The Court held that compassionate employment is a humanitarian measure intended solely to relieve the financial destitutio

GIANI DEVENDAR SINGH SANT SEPOY SINGHversusUNION OF INDIA AND ANOTHER

1995 INSC 54 January 1995Dismissed

The petitioner filed a public‑interest litigation alleging that an oil mill near a Gurudwara was being used for smuggling narcotic drugs and that various officials, including a High Court judge, were corrupt. The Madhya Pradesh High Court issued a vague, sweeping order directing the stoppage of such activities and the

WELLMAN (INDIA) PVT. LTD.versusTHE EMPLOYEES STATE INSURANCE CORPORATION

1993 INSC 3603 November 1993

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation (ESIC) could not dema

THE MANAGEMENT OF RESERVE BANK OF INDIA, NEW DELHIversusSHRI BHOPAL SINGH PANCHAL

1993 INSC 3593 November 1993

Shri Bhopal Singh Panchal, a Grade‑II Coin/Note Examiner of the Reserve Bank of India, was arrested in 1974 and placed under suspension under RBI Staff Regulations. He was later convicted and dismissed in 1977, but the High Court acquitted him, after which the Bank refused reinstatement citing Regulation 46(4) which re

M/S ISHA MARBLES ETC. ETC.versusBIHAR STATE ELECTRICITY BOARD AND ANR. ETC. ETC.

1995 INSC 953 February 1995Disposed off

The Supreme Court considered appeals arising from the sale of mortgaged industrial premises by the Bihar State Financial Corporation. The purchasers, who acquired the assets at auction, were denied reconnection of electricity because the Bihar State Electricity Board demanded payment of arrears incurred by the previous

STATE OF RAJASTHANversusSEVANIVATRA KARAMCHARI HITKARI SAMITI

1995 INSC 43 January 1995Appeal(s) allowed

The Rajasthan Service Rules, 1951 were amended in 1964 to introduce a liberalised family pension scheme (Rule 268‑H) that could be elected only by government servants who were in service on 29 February 1964 or who joined thereafter. The Sevanivatra Karamchari Hitkari Samiti, an association of retired employees, challen

STATE OF KERALAversusJOSEPH ANTONY

1993 INSC 3572 November 1993

The State of Kerala issued notifications under the Kerala Marine Fishing Regulation Act, 1980 prohibiting the use of mechanised fishing gears such as purse seine, ring seine, pelagic and mid‑water trawl within its territorial waters. The High Court struck down the ban beyond 10 km as an unreasonable restriction on the

HABIBULLA KHANversusSTATE OF ORISSA AND ANR.

1995 INSC 932 February 1995Dismissed

The appellants, who had served as Ministers in the Orissa government and later became Members of the Legislative Assembly (MLAs), were prosecuted for criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988. They contended that, being MLAs at the time of taking cognizance, they were public s

MRS. SHAKUNTALA SHARMAversusHIGH COURT OF HIMACHAL PRADESH AT SHIMLA AND ANR.

1994 INSC 392 February 1994Appeal(s) allowed

The case concerned promotion to the post of Superintendent in the Himachal Pradesh High Court. Two parallel streams of posts – Deputy Superintendents/Revisors and Senior Assistants/Translators – were governed by Rule 10 of the 1992 Recruitment (Conditions of Service) Rules, which required a minimum of three years’ serv

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