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Supreme Court of India

R M SAHAI

122 judgments delivered by benches including this judge.

DR. ARUNDHATI AJIT PARGAONKARversusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 34331 August 1994

Dr. Arundhati Pargaonkar was appointed on a purely temporary basis in 1978 to the permanent Class‑II post of Lecturer in Dentistry at B.J. Medical College, Pune. She served continuously for nine years and claimed that, under the State Government's 19 September 1975 Temporary Government Services Regularisation Resolutio

THE STATE OF MAHARASHTRA AND ORS.versusADMANE ANITA MOTI AND ORS.

1994 INSC 34431 August 1994Disposed off

The State of Maharashtra appealed against the Bombay High Court’s interim order directing the Education Officer to admit 112 girls to a Diploma in Education programme at a Christian minority institution, exceeding the sanctioned strength of 80. The Supreme Court examined whether the High Court was justified in granting

DADAN BAI WD/O BHAGCHAND SINDHIversusARJUNDAS

1995 INSC 23731 March 1995Disposed off

The appellant, a landlady, filed an eviction petition against the lessee under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961. The High Court dismissed the petition, holding that the appellant was not the owner because the premises were owned by the Municipal Corporation. On appeal, the Supreme Co

UPENDRA PRADHAN AND OTHERSversusSTATE OF ORISSA AND OTHERS

1993 INSC 17530 April 1993Dismissed

The appellants were teachers in a school that was recognised in 1983 but only received grants‑in‑aid in 1988. Their services were terminated in 1986, before the school became an aided institution, and the termination was not approved by the Inspector of Schools. They filed a writ petition seeking reinstatement and back

CENTRAL COOPERATIVE CONSUMERS, STOREversusLABOUR COURT, H.P. AND ANR.

1993 INSC 17630 April 1993Dismissed

The respondent was employed as a sales girl by the Central Cooperative Consumers' Store, a cooperative society, and was allegedly humiliated, harassed and illegally terminated by a new manager without required approval or notice. After a seven‑year delay, the Assistant Registrar declared the termination illegal and ord

BUTU PRASAD KUMBHAR AND ORS.versusSTEEL AUTHORITY OF INDIA LTD. AND ORS.

1995 INSC 23330 March 1995Dismissed

In 1954 the government acquired about 20,000 acres of land for the Rourkela Steel Plant and paid compensation. The Union Minister for Steel advised that at least one member of each displaced family should be given a job in the plant (the T.N. Singh formula). In 1995 the displaced persons filed a writ petition under Art

M/S MOORCO (INDIA) LTD. MADRASversusTHE COLLECTOR OF CUSTOMS, MADRAS

1994 INSC 42429 September 1994Appeal(s) allowed

Mis Moorco (India) Ltd., a manufacturer of volumetric displacement type flow meters, imported components and accessories for use in its meters. The Assistant Collector classified the accessories under tariff heading 90.26, a general heading, relying on clause (c) of Rule 3 of the General Rules for Interpretation of the

M/S COMMERCE INTERNATIONALversusCOLLECTOR OF CUSTOMS

1995 INSC 23029 March 1995Dismissed

Mis Commerce International imported 125 cartons of toners and declared their value based on an invoice and a certificate of origin. The Customs Department asked the importer to produce a price list, but the importer refused, citing the trading company's confidentiality. Customs obtained a price list from the manufactur

M/S. TAMIL NADU HOUSING BOARDversusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS AND ANR.

1994 INSC 42128 September 1994Appeal(s) allowed

The Tamil Nadu Housing Board, a statutory body registered under the Factories Act, operated a concrete unit (licensed) and a wood‑working unit (unlicensed) whose products were used only in its own buildings. The Central Excise Department issued a show‑cause notice alleging duty evasion on the wood unit. The Excise Trib

NADODI JAYARAMAN ETC.versusSTATE OF TAMIL NADU

1992 INSC 12828 April 1992Appeal(s) allowed

The case involved a trade‑union rivalry that culminated in the murder of Prathab Chandran, a union vice‑president, on 15 June 1972. Six accused, including A‑2 (Nadodi Jayaraman) and A‑3 (Dilli Bai), assaulted the victim with iron rods and pipes, causing multiple injuries; the head injury was fatal. The trial court conv

THE UNION OF INDIA AND ORS.versusM/S.J.M.A. INDUSTRIES

1995 INSC 22628 March 1995Dismissed

J.M.A. Industries, a manufacturer of light switches, dipper switches and bulb holders solely for motor vehicles, challenged a notice levying excise duty under Tariff Item 61 (Electric Lighting Fittings). The Delhi High Court held that such items, being intended for vehicles, are not covered by Item 61 and quashed the n

M/S GARWARE NYLONS LTD.versusPIMPRI CHINCHWAD MAHANAGAR PALIKA AND ORS.

1995 INSC 22728 March 1995Dismissed

Mis Garware NyLons Ltd., a manufacturer of nylon and polyester yarn, imported goods that were subject to octroi. The municipal corporation valued the goods for octroi under Rule 17(a) of the Maharashtra Municipalities (Octroi) Rules, 1968 and included the customs duty paid on the imports. The appellant challenged this

SH. BILESHWAR KHAND UDYOG KHEDUT SAHAKARI MANDALI LTD.versusSTATE OF GUJARAT AND ANR.

1992 INSC 3028 January 1992Dismissed

Sh. Bileshwarkhan Udyog Khedut Sahakari Mandali Ltd. challenged a levy imposed by the Gujarat Government under Section 58A of the Bombay Prohibition Act, which required licensees to pay the cost of excise staff for supervising the manufacture of industrial alcohol. The High Court upheld the levy as a fee within the Sta

CHANDIGARH ADMINISTRATION ETC. ETC.versusK.K. JERATH

1994 INSC 41827 September 1994Dismissed

The respondent, an Electrical Engineering graduate, rose through the Chandigarh Administration's engineering service to Superintending Engineer and claimed eligibility for promotion to Chief Engineer when the post became vacant. The Chandigarh Administration sought to fill the vacancy by deputation from Punjab, arguing

M/S HINDUSTAN PETROLEUM CORPORATION LTD.versusTHE COLLECTOR OF CENTRAL EXCISE

1995 INSC 30727 April 1995Dismissed

Hindustan Petroleum Corporation Ltd. claimed a refund of excise duty paid on Light Diesel Oil and Furnace Oil supplied as ship's stores for foreign‑going vessels, arguing that under Rule 13 of the Central Excise Rules no duty was payable on goods exported directly from a bonded warehouse. The Assistant Collector reject

M/S GRAVER AND WEIL (INDIA) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BARODA

1994 INSC 49026 October 1994Dismissed

Mis. Graver and Weil (India) Ltd. manufactured sodium bichromate and transferred it to an adjoining Chromic Acid section where chromic‑acid flakes were produced using power. The flakes were removed without payment of excise duty and were seized. The Collector imposed a penalty and ordered confiscation; the Tribunal uph

PT. CHET RAM VASHIST (DEAD) BY LRS.versusMUNICIPAL CORPORATION OF DELHI

1994 INSC 49126 October 1994Order modified

The appellant, the heir of Pt. Chet Ram Vashist, had obtained approval for a lay‑out plan of his private colony, which reserved certain plots for parks and schools. After municipal water supply became available, he applied to the Delhi Municipal Corporation for removal of building restrictions, and the Standing Committ

M/S PUNJAB FOOTWEAR LIMITED, JALANDHARversusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

1994 INSC 49326 October 1994Dismissed

Mis Punjab Footwear Ltd. (appellant) manufactured footwear partly in its own factory and partly through Mis Stepwell Industries Ltd. under a licence agreement that allowed Stepwell's workers to operate machines and use electricity within the appellant's premises. The appellant claimed exemption from excise duty under N

SH. NARAYAN YESHWANT GOREversusUNION OF INDIA AND ORS.

1995 INSC 30126 April 1995Appeal(s) allowed

Sh. Narayan Yeshwant Gore, an employee of the National Sample Survey Organisation, was deputed to the Census Department from 1961 to 1974 and was promoted there as Assistant Director with the concurrence of the parent department and the UPSC. While on deputation his juniors in the parent department received ad‑hoc prom

SHREEDHARAN KALLATversusTHE UNION OF INDIA AND ORS.

1995 INSC 30426 April 1995Appeal(s) allowed

The appellant, a railway employee, was reverted from a deputed post and successfully challenged the reversion and later seniority fixation in his favour through the Kerala High Court and the Supreme Court. The Railways later contested the seniority order, but the High Court again upheld it. Direct recruits then approac

P. RATHINAM/NABHUSAN PATNAIKversusUNION OF INDIA AND ANR.

1994 INSC 17126 April 1994

The Supreme Court considered two writ petitions challenging the constitutional validity of Section 309 of the Indian Penal Code, which criminalises attempted suicide. The petitioners argued that the provision violated Articles 14 and 21 of the Constitution. After reviewing earlier High Court decisions, comparative law,

D. K. JAIN AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS.

1994 INSC 55525 November 1994Dismissed

The State of Haryana relaxed the minimum qualification for ex‑military personnel, appointing diploma‑holding engineers as Assistant Engineers under Rule 3(iii) of the Punjab Government National Emergency (Concession) Rules, 1965, and counted their military service for seniority. The respondents, after promotion to Exec

STATE OF KERALA AND ORS.versusDR. ARVIRAH POULOSE (DEAD)

1992 INSC 26425 September 1992Appeal(s) allowed

The family of the deceased declarant owned 20.46 acres, of which 8 acres were exempt, leaving a surplus of 0.46 acres under the ceiling limit of 12 acres. The Kerala High Court held that voluntary transfers made between 1963 and the material date of 1 June 1970 should be excluded from the declarant's land for ceiling‑a

MATHUNNI MATHAIversusM/S. HINDUSTAN ORGANIC CHEMICALS LTD. AND ANR.

1995 INSC 29725 April 1995Appeal(s) allowed

The case concerned a land‑acquisition award where the High Court enhanced the market value, solatium and interest under the Land Acquisition (Amendment) Act, 1984. The Supreme Court stayed the collection of the enhanced portion, after which the respondent deposited the amount that was not stayed on 9 January 1988. Afte

NIADAR AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.

1991 INSC 1425 January 1991

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions under Article 136 o

MS. LILY THOMAS, ADVOCATEversusSPEAKER, LOK SABHA AND OTHERS

1993 INSC 27424 August 1993Dismissed

Ms. Lily Thomas, an advocate, filed a writ petition under Article 32 of the Constitution seeking a declaration that any member of the Lok Sabha who abstains from voting on a motion of impeachment of a Supreme Court judge should be deemed to have supported the motion, thereby satisfying the majority requirement of Artic

BAJAJ TEMPO LTD., BOMBAYversusCOMMISSIONER OF INCOME TAX, BOMBAY CITY-III, BOMBAY

1992 INSC 12524 April 1992Appeal(s) allowed

Bajaj Tempo Ltd. was incorporated to exploit a government licence for manufacturing tempo vehicles and took over a factory of its promoter corporation, occupying the premises on lease and receiving tools worth Rs.3,500. The company claimed a partial exemption from tax under Section 15C of the Income Tax Act, 1922, asse

VIPIN KUMARversusROSHAN LAL ANAND AND ORS.

1993 INSC 11624 March 1993Dismissed After

The appellant‑tenant Vipin Kumar was evicted under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949 for constructing a wall and door in the verandah of his demised shop without the landlord’s consent, which was held to have stopped the flow of light and air and thus materially impaired the buildin

SAURASHTRA CEMENT AND CHEMICAL INDUSTRIES LIMITEDversusTHE UNION OF INDIA AND ANR.

1993 INSC 37823 November 1993Dismissed

Saurashtra Cement and Chemical Industries Ltd, a cement manufacturer, held a mining lease for limestone and was required to pay royalty as per the Second Schedule of the Mines and Minerals (Regulation and Development) Act, 1957. The Central Government issued several notifications under Section 9(3) fixing and amending

H.M.M. LIMITEDversusTHE COLLECTOR OF CENTRAL EXCISE

1994 INSC 41523 September 1994Appeal(s) allowed

H.M.M. Ltd. claimed that the metal screw caps used to seal bottles of Horlicks are component parts of the finished product and therefore eligible for a duty exemption under Notification No. 201/79‑CE. The Collector (Appeals) allowed the claim, but the Customs, Excise & Gold (Control) Appellate Tribunal reversed the dec

PATHAN MURTAZAKHAN DADAMKHAN AND ORS.versusJATHAN PIRKHAN AMDUMIYAN (DEAD) BY LRS.

1993 INSC 11223 March 1993Dismissed

The appellants' predecessor was a usufructuary mortgagee of certain fields. After the redemption period expired, the respondents filed a suit for redemption, which the trial court decreed subject to payment of damages for improvements. The appellate court confirmed the redemption decree but set aside the damages. In a

MAC LABORATORIES (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1994 INSC 53322 November 1994Appeal(s) allowed

Mac Laboratories, a manufacturer of Kemicetine Vaginal Suppositories containing chloramphenicol, claimed exemption from excise duty under Notification No. 116/69‑CE (as amended) which exempts "chloramphenicol and its esters for oral and parenteral use". The department issued notices denying exemption, arguing that the

M/S. PAHARPUR COOLING TOWERS PVT. LTD. CALCUTIAversusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA

1995 INSC 19922 March 1995Appeal(s) allowed

M/s Paharpur Cooling Towers Pvt. Ltd. was engaged in constructing cooling towers and purchased hub‑and‑blade assemblies, which it assembled and installed in the towers. The assemblies were mounted on motor shafts but had no electric motor or other electricity‑generating device attached. The issue before the Court was w

THE CANTONMENT BOARD, SECUNDERABADversusG. VENKETRAM REDDY AND ORS.

1995 INSC 20022 March 1995Appeal(s) allowed

The Secunderabad Cantonment Board levied octroi on goods entering the cantonment and the levy was challenged on the ground that the Board lacked authority under Section 60 of the Cantonment Act, 1924 because no municipality in the State imposed octroi and because there was no machinery for assessment. The High Court up

RAMESH CHANDRAversusSHIV CHARAN DASS AND ORS.

1990 INSC 30021 September 1990Dismissed

The appellant's father bought a house with a condition that the sellers could repurchase it after five years and allowed them to remain in possession under a rent note. After the five-year period, the appellant filed a suit for arrears of rent and ejectment against the sellers (defendant No.1) and two relatives (defend

QUAMARUL ISLAMversusS.K. KANTA AND ORS.

1994 INSC 2021 January 1994

The returned candidate Quamarul Islam contested the 1989 Karnataka Assembly election and was challenged by his rival S.K. Kanta on alleged corrupt practices under Sections 123(2), (3), (3A) and (4) of the Representation of the People Act, 1951, including religious appeals and false statements. The High Court set aside

MOST REV. P.M.A. METROPOLITAN AND ORS.versusMORAN MAR MARTHOMA AND ANR.

1995 INSC 38020 June 1995Disposed off

The Supreme Court examined a long‑standing dispute between the Patriarch of Antioch’s group (the petitioner) and the Catholicos of the East’s group (the respondent) over the nature, governance and authority of the Malankara Jacobite Syrian Church. The Court held that the 1934 Constitution of the Malankara Association i

THE SCHEDULED CASTE UPLIFT UNION AND ANR.versusUNION OF INDIA AND ORS

1995 INSC 28520 April 1995Dismissed

The Scheduled Caste Uplift Union filed a writ petition challenging an amendment to the Defence Quality Assurance Rules, 1979 which required a three‑year regular service as Junior Scientific Officer and a degree in engineering for promotion to Senior Scientific Officer Grade‑II. The petitioners, who were only diploma ho

STATE OF HIMACHAL PRADESH AND ANR.versusKAILASH CHAND MAHAJAN AND ORS.

1992 INSC 5620 February 1992Appeal(s) allowed

Kailash Chand Mahajan, a retired chief engineer, was appointed Chairman of the Himachal Pradesh State Electricity Board in 1981 and his term was repeatedly extended. After he turned 65, the State introduced an ordinance and later an amendment act inserting an age‑limit provision into Section 5(6) of the Electricity (Su

MOHD. NOOR AND ORS. ETC. ETC.versusMOHD. IBRAHIM AND ORS. ETC. ETC.

1994 INSC 26819 July 1994Dismissed

The appellants, co‑sharers in the khatedari rights of an agricultural holding, challenged a sale by a khatedar tenant, claiming a right of pre‑emption under the Rajasthan Pre‑emption Act, 1966. The central issue was whether the transfer of khatedari rights constituted a transfer of ownership within the meaning of Secti

SH. BAKSHI RAM AND ORS.versusSH. BRIJ LAL

1994 INSC 26919 July 1994Appeal(s) allowed

Sunder, owner of joint family property, gifted part of his land to Brij Lal. Remote reversioners (the appellants) challenged the gift and a suit was compromised, granting them a one‑eighth share after Sunder's death. After Sunder died in 1964, the appellants sued to enforce the compromise decree, but Brij Lal contended

M.T. PUTTALINGAPPA, MAJOR AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 28119 April 1995Dismissed

The appellants were appointed as Assistant Inspectors in 1963 despite lacking the then‑required degree qualification. After the 1966 rules relaxed the qualification to a diploma, the Labour Commissioner attempted to regularise their services on 15 December 1967 based on a 17 August 1966 notification that allowed regula

D. DASEGOWDAversusSTATE OF KARNATAKA AND ORS. T.R. DHANANJA YA AND ORS.

1993 INSC 6319 February 1993Appeal(s) allowed

The appellant, an Assistant Engineer in the Public Works Department, was deputed to the Bangalore City Corporation and later absorbed under the Karnataka Municipal Corporation Rules, 1977. The High Court struck down those rules and set aside his absorption. The State subsequently enacted the Karnataka Municipal Corpora

RAMANARANGversusRAMESH NARANG AND ORS.

1995 INSC 6119 January 1995Dismissed

The appellant, Rama Narang, was appointed Managing Director of a deemed public limited company after being convicted of offences involving moral turpitude. Respondent Ramesh Narang challenged the appointment under Section 267 of the Companies Act, 1956, which bars a person convicted of such offences from holding the of

M/S. BOMBAY CHEMICAL PRIVATE LIMITEDversusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY I, BOMBAY

1995 INSC 26918 April 1995Appeal(s) allowed

Bombay Chemical Private Ltd manufactured disinfectant fluids and claimed exemption from excise duty under Notification No. 55/75‑CE (as amended by Notification No. 62178 in 1978) which added Item 18 covering insecticides, pesticides, weedicides and fungicides. The Assistant Collector rejected the claim, holding that di

GOVINDA PILLAI RAMDASversusLAKSHMIKUTTY AMMA AMMUKUTTY AMMA AND ORS.

1992 INSC 25417 September 1992Dismissed

The plaintiff purchased the equity of redemption of a mortgaged property and sued for redemption. The defendant, an assignee of the mortgagee, claimed protection under Section 4(A) of the Kerala Land Reforms Act, 1964, asserting that he was a deemed tenant because he had possessed the land for over fifty years before t

B. L. MANDAWAT AND ORS.versusUNION OF INDIA AND ORS

1993 INSC 26617 August 1993Appeal(s) allowed

The petitioner, a Trained Graduate Teacher employed at the Rajasthan Atomic Power Project (RAPP) School since 1972, sought direction for her absorption by the Atomic Energy Education Society (AEE Society) after the school was transferred to that autonomous body. The Central Government had issued a letter on 27 July 198

TATA IRON AND STEEL CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE

1994 INSC 61616 December 1994Appeal(s) allowed

Tata Iron and Steel Co. sold scrap generated during its iron and steel manufacturing process to other parties for conversion into steel ingots. The Central Excise and Gold (Control) Appellate Tribunal held that the scrap was liable to duty under Item 26AA of the Central Excise Tariff Schedule, treating it as a semi‑fin

M/S ASTRA PHARMACEUTICALS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

1994 INSC 62116 December 1994Appeal(s) allowed

Mis Astra Pharmaceuticals manufactured 20% dextrose injections, a drug listed in the Indian Pharmacopoeia and therefore exempt from central excise duty. The company marked its containers with the name "AP‑Astra", which the Revenue Department argued created a monogram establishing a relationship between the medicine and

DR. AJAY KUMAR AGRAWAL AND ORS. ETC.versusSTATE OF U.P. AND ORS.

1990 INSC 35916 November 1990

The petitioners challenged the Uttar Pradesh Government’s decision to fix the internship cut‑off date as 31 December 1990 and to allow candidates who had not completed their house‑manship to sit for the post‑graduate medical selection exam and be admitted, contrary to earlier Supreme Court directions and the Indian Med

M/S. KALIMPONG LAND AND BUILDING LTD. AND ANRversusSTATE 0F WEST BENGAL AND ORS.

1994 INSC 39416 September 1994Appeal(s) allowed

The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 and stretched over

KARNATAKA FOREST DEVELOPMENT CORPORATION LTD. ETC. ETC.versusCANTREADS PVT. LTD. AND ORS.

1994 INSC 15815 April 1994Appeal(s) allowed

The Karnataka Forest Development Corporation supplied natural rubber sheets (RMA grades I‑V) to Cantreads Pvt Ltd. The State, under s.101A of the Karnataka Forest Act, 1963, levied a forest development tax on the raw smoked rubber. The High Court held that the processed rubber sheets were not forest produce and set asi

FOOD CORPORATION OF INDIAversusNEW INDIA ASSURANCE CO. LTD. AND ORS. ETC. ETC.

1994 INSC 7015 February 1994

The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' contracts. After the mi

M.S. USMANI AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 60814 December 1994Appeal(s) allowed

The Railway Board, under para 123 of the Indian Railway Establishment Manual, recruited Traffic Apprentices for supervisory posts, reserving 10% of vacancies for graduates through a competitive examination. The appellants were selected in 1982-83 for Station Master (SM) posts, regularized, and later promoted to higher

SMT. ISHWARI DEVIversusSMT. SARLA DEVI AND ORS.

1994 INSC 60914 December 1994Appeal(s) allowed

The Supreme Court examined a sale deed executed by Churu Ram in 1976, which described the transfer of a two‑storeyed building called 'Anand Bhavan' situated on 4 biswas of land, while the actual building occupied 7 biswas. The appellant, Ishwari Devi, claimed ownership of the entire building based on the deed and the 1

M/S BALLAR PUR INDUSTRIES LTD.versusTHE COLLECTOR OF CUSTOMS (APPEAL), CUSTOMS HOUSE, MADRAS

1994 INSC 61314 December 1994Appeal(s) allowed

Mis Ballar Pur Industries Ltd imported a granite press roll, a component used to finish paper, and the Collector (Appeals) classified it under tariff heading 84.31 of the Customs Tariff Act, 1975, attracting a 40% duty. The Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) re‑classified the roll under headi

CHANDER BHAN GILLversusUNION OF INDIA

1994 INSC 25014 July 1994Appeal(s) allowed

Chander Bhan Gill, appointed as Assistant (Legal) in 1985, completed one year of service on 26 January 1986 and became eligible for an annual increment. The Central Civil Services (Revised Pay) Rules, 1986 came into force on 1 January 1986, and the Government issued a clarification on 4 May 1987 stating that increments

ILLAHI SHAMSUDDIN NADAFversusSOU. JAITUNBI NADAF

1994 INSC 25614 July 1994Appeal(s) allowed

The case concerned a house owned by Rajubai, who died in 1975. Her daughter Jaitunbi claimed she was the sole heir under Muslim law, while her grandson Shamsuddin asserted that Rajubai had given him the ground floor of the house during her lifetime. The lower courts had ruled in favour of Jaitunbi, but the Supreme Cour

GURU NANAK DEV UNIVERSITY AND ANR.versusHARJINDER SINGH AND ANR.

1994 INSC 25414 July 1994Appeal(s) allowed

The respondents were found to have copied answers verbatim from incriminating material during a B.A. examination, and the university's standing committee disqualified them for two years under its Ordinances 10, 11 and 13. The respondents challenged the disciplinary action in the Punjab and Haryana High Court, which qua

S. SARKAR & ORS.versusR.D. KRISTON, CHAIRMAN RLY. BOARD, RAIL BHAWAN, NEW DELHI AND ORS.

1993 INSC 20514 May 1993Disposed off

The Supreme Court entertained a contempt petition filed by S. Sarkar and others against the Railway Board and its officials for failing to implement the Court’s order dated 30 April 1990. That order had directed that the 204/206 Assistant Station Masters who had exercised their option before 1983 be treated separately

N.P.V. RAMASWAMY UDAYAR ETC.versusALL LNDIA SUBSCRLBER ASSOCIATION AND OTHERS ETC.

1993 INSC 21214 May 1993Disposed off

The appellant holding company, which had received Rs 10 crore through chit subscriptions by its subsidiary, failed to pay the subscribers the promised prize money, leading to winding‑up proceedings against the subsidiary. The Kerala High Court held the winding‑up order in abeyance on the condition that the holding comp

M/S MOTI LAMINATES PVT. LTD. ETC.versusCOLLECTOR OF CENTRAL EXCISE, AHMEDABAD

1995 INSC 11214 February 1995Appeal(s) allowed

Mis Motilates Pvt. Ltd. and other appellants manufactured laminated sheets using phenol‑formaldehyde resin that was produced as an unstable solution (resol) and consumed only within their own process. The Central Excise Department, relying on the 1979 amendment to the Central Excise Rules, claimed that the intermediate

M/S. LIBERTY OIL MILLS (P) LTD. BOMBAYversusTHE COLLECTOR OF CENTRAL EXCISE BOMBAY ETC.

1994 INSC 60213 December 1994Dismissed

Liberty Oil Mills, a manufacturer of vegetable product (Tariff Item 13), claimed exemption from excise duty under Notification No. 61/71 (as amended by Notification No. 40/72) which granted a concession of Rs 10 per quintal for vegetable product produced out of indigenous rice bran oil, subject to two conditions. The R

VARIAVAN SARASWATHI AND ANR.versusEACHAMPI THEVJ AND ORS.

1992 INSC 31013 November 1992Appeal(s) allowed

Two junior members of a Tarwad redeemed a mortgage executed in 1870, obtained release in 1886 and remained in possession of the land for over fifty years. In 1967, other members of the Tarwad filed a partition suit, claiming that the junior members were tenants under Section 4A(1)(a) of the Kerala Land Reforms Act, 196

SH. MANI RAM AND ORS.versusTHE STATE OF UITAR PRADESH

1994 INSC 21113 May 1994Appeal(s) allowed

The appellants were convicted of murder and related offences under Sections 147, 148, 149 and 302 of the Indian Penal Code based solely on the testimony of the deceased's brother, an interested witness. The brother claimed the accused fired at the victim from behind while he was running, but the post‑mortem report show

SUDHARSHAN TRADING COMPANY LTD.versusOFFICIAL LIQUIDATORS AND ORS.

1994 INSC 21913 May 1994Disposed off

The Supreme Court clarified directions given on 14 May 1993 in a dispute between Sudharshan Trading Company Ltd., its subsidiary’s liquidators, and the Subscribers' Association of a chit fund. The Court ordered the holding company to pay 25% interest on a Rs 5 lakh deposit for the period 3 Nov 1989 to 5 Apr 1990, after

MEESALA RAMAKRISHANversusSTATE OF ANDHRA PRADESH

1994 INSC 15513 April 1994Dismissed

Meesala Ramakrishnan was convicted of murdering his wife by setting her on fire. The principal evidence was the victim's dying declaration, which she could not speak and therefore communicated through nods and gestures recorded by a magistrate. The issue before the Supreme Court was whether such a declaration, made by

STATE OF MAHARASHTRA AND ORS.versusPANDURANG K. PANGARE AND ORS .

1995 INSC 11113 February 1995Disposed off

The State of Maharashtra, through MHADA, filed contempt and perjury applications against P.K. Pangare alleging that he misled the Supreme Court by denying construction on land covered by a prohibitory order. Pangare had sold the land before the order, and construction was subsequently carried out by later owners, notab

ROMESH CHANDERversusSMT. SAVITRI

1995 INSC 3113 January 1995Disposed off

The appellant, a sanitary inspector, and the respondent, a teacher, were married for 25 years and have an adult child. The appellant previously faced a desertion suit, and the present appeal arose from a cruelty petition where the respondent alleged the appellant's immoral conduct, which was not proved. The Supreme Cou

SMT. SHYAMA DEVI AND ORS.versusMRS. MANJU SHUKLA AND ANR.

1994 INSC 38212 September 1994Disposed off

A partition suit was filed in 1965 and a preliminary decree was passed in 1975. Jamuna Prasad (J) died in 1987 leaving his widow, two sons and four daughters, one of whom claimed a one‑third share of the property. The Supreme Court, in an earlier order dated 3 March 1992, directed that the shares of J’s legal represent

RAKESH KAUL AND ORSversusTHE REGISTRAR, HIGH COURT OF JAMMU AND KASHMIR

1994 INSC 31412 August 1994

The petitioners, aggrieved by a change in university examination dates, filed writ petitions before the Jammu & Kashmir High Court. After the High Court dismissed the petitions, the petitioners allegedly attempted to assault the Assistant Controller of Examinations outside the courtroom, leading the High Court to initi

GOVERNMENT OF ANDHRA PRADESHversusP.B. VIJAYAKUMAR AND ANR.

1995 INSC 37512 May 1995Appeal(s) allowed

The Government of Andhra Pradesh introduced Rule 22‑A in its State Subordinate Service Rules, mandating that where men and women are equally suited and equally meritorious, at least 30% of the posts in each category of O.C., B.C., S.C. and S.T. must be filled by women. P.B. Vijayakumar challenged this provision as viol

R.K. DEOversusCOMMISSIONER OF WEALTH-TAX, ORISSA.

1992 INSC 15712 May 1992Dismissed

R.K. Deo, the former Raja of Jeypore, claimed a deduction of Rs 6,69,766, the income‑tax liability on his forest income, while computing his net wealth under the Wealth Tax Act, 1957 for the assessment years 1962‑63 to 1965‑66. The liability had been affirmed by the Supreme Court in 1958, a fresh demand notice was issu

SASWAD MALI SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ANR.

1994 INSC 51311 November 1994Appeal(s) allowed

The Supreme Court examined Notification No. 146/74 issued under the Central Excise Rules, 1944, which provided a rebate on excise duty for sugar produced in excess of the average production of the preceding five years. The dispute centered on whether the percentage rebates in sub‑clauses (a) to (e) should be calculated

SMT. GUMPHA AND ORS.versusJAIBAL

1994 INSC 6611 February 1994

The male testator executed a 1941 will granting each of his two wives a life interest in half of his property, with his daughter as ultimate beneficiary. After the testator's death in 1958, one widow executed a 1966 will transferring her interest to a stranger. The daughter (respondent) sued, arguing the widow only had

DR. RAMESH CHANDRA TYAGIversusUNION OF INDIA AND ORS.

1994 INSC 6711 February 1994Appeal(s) allowed

Dr. R.C. Tyagi, a distinguished scientist, was transferred from Delhi to the Institute of Armament Technology, Pune in 1977 by an order issued by the Director General, although the Secretary of the department was the only authority empowered to transfer him. Tyagi challenged the transfer as malicious and unauthorized;

FAKRUDDINversusTHE PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE AND ORS.

1995 INSC 36910 May 1995Disposed off

The Supreme Court heard an appeal against the Patna High Court's dismissal of a writ petition concerning the allotment of 'Chaks' in consolidation proceedings, a matter that did not raise any question of title. The Court set aside the High Court order not because of the merits of the dispute but because the bench that

GUJARAT STATE DEPUTY EXECUTIVE ENGINEERS' ASSOCIATIONversusSTATE OF GUJARAT AND ORS.

1994 INSC 19910 May 1994

The Gujarat Public Service Commission conducted examinations for Executive Engineers in 1980 and 1982, fixing a 50% viva voce qualifying mark which was later struck down, leading to revision of merit lists and appointments of some candidates. Subsequent petitions sought to use the waiting lists from those examinations

NATIONAL FEDERATION OF S.B.I. AND ORS. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 18210 March 1995Disposed off

The National Federation of State Bank of India and other SC/ST employees filed writ petitions seeking reservation in promotions to Class‑I posts in public sector banks, the application of the 40‑point roster and the carry‑forward of unfilled vacancies since 1978. The Government had issued several Office Memoranda, the

M/S QUALITY STEEL TUBES (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, U.P.

1994 INSC 5919 December 1994Appeal(s) allowed

Mis Quality Steel Tubes (P) Ltd. manufactured welded steel pipes and tubes using duty‑paid raw material and installed a tube mill and welding head as part of a plant expansion. The Central Excise authorities seized the plant and issued a show‑cause notice alleging that the machinery, classified under tariff item 58, wa

M/S. BASANT INDUSTRIES, AGRAversusCOLLECTOR OF CENTRAL EXCISE

1994 INSC 5929 December 1994Appeal(s) allowed

Mis. Basant Industries, a partnership licensed under the Central Excises and Salt Act, supplied raw materials and components such as castings, shafts and impellers to independent licensed manufacturers for the production of oil‑driven pumps. The Central Excise Department issued a show‑cause notice alleging that the pum

STATE OF GOA AND ORS.versusM/S. A.H. JAFFAR AND SONS

1994 INSC 3739 September 1994Appeal(s) allowed

M/s A.H. Jaffar and Sons applied for a bauxite mining lease in Goa, but the application was not disposed of within the 12‑month period prescribed by Rule 11 of the Mineral Concession Rules and was deemed rejected. The respondents filed a revision under Section 30 of the Mines and Minerals Regulation and Development Act

HAVILDAR CLERK HANS RAJ SHARMA ETC.versusUNION OF INDIA AND ORS.

1994 INSC 3769 September 1994Appeal(s) allowed

The appellants, Havildar Clerks in the Army Medical Corps, were recommended by the Service Selection Board for Permanent Commission in the 1986 quota, placed 4th and 5th on the merit list, and forwarded to the Director General, Armed Forces Medical Services (DGAFMS) for "final selection". The DGAFMS later altered the e

SUMANLAL CHHOTALAL KAMDAR ETC.versusMISS ASHA TRILOKBHAI SHAH ETC.

1995 INSC 3489 May 1995Disposed off

Social workers appealed against a district judge’s order that appointed a Norwegian couple as guardian of a child from an orphanage under Section 7 of the Guardians and Wards Act, 1890, with the superintendent acting as power of attorney holder. The Supreme Court examined whether the adoption complied with the guidelin

KIRLOSKAR OIL ENGINES LTDversusUNION OF INDIA AND ORS.

1995 INSC 3579 May 1995Appeal(s) allowed

Kirloskar Oil Engines Ltd manufactured thrust washers, thrust half washers and wrapped bushes for motor vehicles and cleared them under Notification No. 99/1971, which exempted motor vehicle parts except those listed, including thin‑walled bearings. In 1978 a Board meeting with trade representatives concluded that such

SARASWATI AND ORS.versusLACHANNA (DEAD) THROUGH LRS.

1993 INSC 3878 December 1993Dismissed

Saraswati and others filed a suit in a civil court for redemption of a mortgage on agricultural land, alleging that the mortgagee (the father of the original defendant) had taken possession and refused to surrender it. The defendants contended that the civil court lacked jurisdiction under Section 99 of the Andhra Prad

M/S. S.G. GLASS WORKS PRIVATE LTD.versusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS

1994 INSC 5048 November 1994

S.G. Glass Works Private Ltd manufactured glassware manually, using compressed air only in the second mould. The Department issued a show‑cause notice classifying the goods under serial No.1 of Notification No. 329/77, which attracted a higher excise duty, but the appellant argued that the use of compressed air, even i

GANGADHAR MADHA VRAO BIDWAI (DEAD) BY LRS.versusHANMANTRAO VYANKATRAO MUNGALE

1994 INSC 5847 December 1994Appeal(s) allowed

The plaintiff, a former partner in Messrs Maharashtra Metal Manufacturing Company, claimed that a plot of land purchased by the defendant in 1955 was partnership property, as stated in the Deeds of Dissolution executed in 1961. After the defendant failed to execute a sale deed, the plaintiff filed a suit for partition,

STATE OF MAHARASHTRAversusSHARADCHANDRA VINAYAK DONGRA AND ORS.

1994 INSC 4537 October 1994Case Partly allowed

The State of Maharashtra raided a brewery and registered offences under the Bombay Prohibition Act in 1985. After a year, five charge‑sheets were filed on 21 November 1986 before the Chief Judicial Magistrate (CJM), along with two applications: one seeking condonation of any delay in filing the charge‑sheet and another

TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD.versusTHE STATE OF BIHAR AND ANR.

1994 INSC 4577 October 1994Appeal(s) allowed

Tata Engineering & Locomotive Co. Ltd., a manufacturer of motor vehicles, purchased items such as tyres, tubes and batteries and claimed a concessional sales tax rate of 1% under Section 13(1)(b) of the Bihar Finance Act, 1981 and Notification S.O. 604. The Deputy Commissioner rejected the claim, holding that these ite

THAKUR KISHAN SINGH (DEAD)versusARVIND KUMAR

1994 INSC 3647 September 1994Dismissed

The plaintiff claimed possession of land leased to him in 1949, which was registered in 1950 after the Madhya Pradesh Abolition of Proprietary Rights Act vested the land in the State. The appellant argued that the lease was void under Section 6 of that Act and that he had acquired title by adverse possession. The Supre

PRASHANT RAMACHANDRA DESHPANDEversusMARUTI BALARAM HAIBATTI

1995 INSC 2577 April 1995

The appellant, a tenant, had his revision petition dismissed by the Karnataka High Court for failing to comply with Section 29(1) of the Karnataka Rent Control Act, 1961, and gave an undertaking to vacate the premises within six months. He subsequently filed a Special Leave Petition (SLP) under Article 136 of the Const

M/S. BOMBAY OIL INDUSTRIES PVT. LTD.versusUNION OF INDIA AND ORS.

1994 INSC 5786 December 1994Dismissed

Mis Bombay Oil Industries Pvt. Ltd. imported bleachable mutton tallow in April 1978 and claimed a 30% customs duty exemption under Notification 141‑CUS/76, which required the tallow to meet a colour specification. The Customs House tested the tallow using the Indian Standards method (IS 548) and found the colour exceed

SMT. NEERAJA SARAPHversusSH. JAYANT V. SARAPH AND ANR.

1994 INSC 4486 October 1994Disposed off

The appellant, an Indian teacher, was married to an NRI doctor who returned to the United States shortly after the wedding and later obtained a foreign decree of annulment, leaving her deserted. She filed a suit in forma pauperis for damages, which was decreed ex parte for Rs 22 lakhs. The Delhi High Court stayed the d

N. NAGENDRA RAO AND CO.versusSTATE OF ANDHRA PRADESH

1994 INSC 3606 September 1994Appeal(s) allowed

The appellant, a fertilizer and foodgrain dealer, had large stocks seized under the Essential Commodities Act, 1955. After part of the stock was confiscated, the remainder was ordered to be released, but the State failed to do so and the goods later deteriorated in quality and quantity. The appellant sued for compensat

SMT. KEWAL PATIversusSTATE OF U.P AND ORS.

1995 INSC 2516 April 1995Case Allowed

Ramjit Upadhaya, a convict serving a sentence under Section 302 IPC in Central Jail, Varanasi, was killed by a co‑accused inmate. His wife and three children filed a writ petition under Article 32 seeking compensation, arguing that the State failed to protect his life while in custody. The State contended that the Utta

LUCKNOW DEVELOPMENT AUTHORITYversusM.K. GUPTA

1993 INSC 3655 November 1993

The Lucknow Development Authority (LDA) developed a housing scheme and allotted a flat to M.K. Gupta, who paid the full price but was not given possession because construction was incomplete. Gupta filed a complaint before the District Forum under the Consumer Protection Act, 1986, alleging deficiency in service, delay

AMRIT BANASPATI CO. LTD. AND ANR.versusSTATE OF PUNJAB AND ANR.

1992 INSC 635 March 1992Dismissed

The Punjab Government issued a brochure promising a refund of sales tax as an incentive for setting up large‑scale industries in focal points. Amrit Banaspati Co. relied on assurances from the Director and Secretary of Industries, purchased land and machinery, and later sought a refund of sales tax paid. The High Court

BHURA AND ORS.versusKASHIRAM

1994 INSC 35 January 1994

Pancham executed a 1907 will bequeathing certain sir lands and a house to his daughter Sarjabai. The will's language was held to create only a life interest for Sarjabai, not an absolute estate. After Pancham's death Sarjabai transferred the property by gift deed to several defendants, but the adopted son’s heir, Kashi

STATE OF WEST BENGAL AND ANR.versusRASH BEHARI SARKAR AND ANR.

1992 INSC 3304 December 1992Disposed off

The State of West Bengal issued a 1984 notification exempting entertainment tax for performances by group, amateur theatres or amateur jatra that are formed solely for cultural activities and do not pay artists regular or contractual fees, while professional theatres were excluded. A professional theatre challenged the

M/S. RAINBOW INDUSTRIES (P) LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, VADODARA

1994 INSC 4354 October 1994Appeal(s) allowed

Rainbow Industries, a dye‑stuff manufacturer, filed a price list under Rule 173(2) of the Central Excise Rules, 1944 for sales to related persons, which the department approved effective 1 October 1975. About a year later the department issued a show‑cause notice demanding revision of the assessable value and recovery

JAY LAXMI SALT WORKS (P) LTD.versusTHE STATE OF GUJARAT

1994 INSC 1874 May 1994

Jay Laxmi Salt Works (P) Ltd. sued the State of Gujarat for damages after flood water from a government‑built reclamation bundh entered its factory in July 1956. An official committee assessed the loss at Rs 1,58,735, which the State refused to pay. The trial court dismissed the suit as an act of God and barred it by l

M/S. SAHNEY PARIS RHONE LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, HYDERABAD

1995 INSC 2434 April 1995Appeal(s) allowed

M/s. Sahney Paris Ltd. manufactured self‑starter motors for motor vehicles and submitted a classification list placing them under Tariff Item 68 of the Central Excise Tariff. The Assistant Collector and subsequent authorities re‑classified the items under Tariff Item 30, treating them as electric motors, and levied exc

COLLECTOR OF CENTRAL EXCISE, BOMBAYversusM/S KOHINOOR MILLS BOMBAY

1995 INSC 2464 April 1995Dismissed

The case concerned two composite textile mills that manufactured cotton yarn in their weaving departments and used it captive in their spinning departments to produce fabric. An exemption notification dated 18 June 1977 exempted such yarn from excise duty, but a later notification dated 15 July 1977 partially withdrew

PALGHAT JILA THANDAN SAMUDAYA SAMRAKSHA SAMITHI AND ANR.versusSTATE OF KERALA AND ANR.

1993 INSC 3823 December 1993

The petitioners, members of the Thandan community in the erstwhile Malabar (Palghat) district of Kerala, challenged the State Government's 1987 order that sought to exclude them from Scheduled Caste (SC) status despite their inclusion in the Constitution (Scheduled Castes) Order. The State argued that Thandans in the M

A. HAMSAVENI AND ORS. ETC. ETC.versusSTATE OF TAMIL NADU AND ORS.

1994 INSC 2973 August 1994Dismissed

Approximately 1,200 individuals claiming to be long‑time contract helpers with the Tamil Nadu Electricity Board filed writ petitions under Article 32 seeking regularisation and a direction to the Khalid Commission, or an independent body, to determine their identity. The Board had earlier appointed Justice Khalid as a

SURINDERversusTHE STATE OF HARYANA

1994 INSC 1863 May 1994

During interrogation in a dacoity case, the appellant disclosed the location of a pistol and two cartridges, which were subsequently recovered. The armourer's report confirmed the pistol was functional but said nothing about the cartridges, which were not sealed. The Designated Court convicted the appellant under Secti

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

M/S. RAJA RADIO CO., BOMBAYversusCOLLECTOR OF CUSTOMS, BOMBAY

1995 INSC 3232 May 1995Dismissed

Raja Radio Co imported Class‑E high‑temperature resisting material consisting of presspahn paper laminated with polyester film and paid customs duty under heading 39.01/06 of the Customs Tariff Act, 1975, together with counter‑vailing duty under tariff item 17(2). The company later claimed a refund, arguing that the go

LORD LINGARAJ BIJE, BHUBANESWAR AND ANR.versusSH. NITYANANDA MISHRA AND ORS.

1995 INSC 3272 May 1995Dismissed

Lord Lingaraj, the appellant, let out agricultural land to Dr. Ramendu Ray in 1937, before the Orissa Hindu Religious Endowments Act, 1939 came into force. After Ray's death his widow Bhibhati succeeded and later transferred the land to the respondents. The appellant filed a Section 68 petition for possession which was

PADMAVATHY AMMAversusAMMUNNI PANICKER AND ANR.

1995 INSC 3282 May 1995Dismissed

Padmavathy Amma appealed to the Supreme Court against a decision of the Kerala High Court that awarded a one‑sixth share of a gifted property to the son of her sister, Kochukuni. The dispute arose from a gift made by Padmanabha to his sister, who had two sons and a daughter, and the question was whether the gift was in

U.P. AVAS EVAM VIKAS PARISHAD AND ANR.versusRAVI KUMAR ANAND AND ORS.

1995 INSC 3332 May 1995Appeal(s) allowed

The Uttar Pradesh Avas evam Vikas Parishad (the Housing Board) allotted flats under a self‑financing scheme but delayed possession, later demanding an escalated price and 18% interest from the allottees. The Allahabad High Court upheld the price escalation but held the interest excessive, directing the Board to relax i

MS. SWATI GUPTAversusSTATE OF U.P. AND ORS.

1995 INSC 942 February 1995Disposed off

The petitioner, a candidate in the 1994 Combined Pre‑Medical Test in Uttar Pradesh, challenged a university circular that reserved 65% of seats in medical colleges for reserved categories, alleging violations of Articles 16, 14, 19 and 21 of the Constitution and the 50% ceiling set in Indira Sawhney. After the petition

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