M.C.MEHTAversusUNION OF INDIA AND ORS.
1999 INSC 36831 August 1999Disposed off
The Supreme Court entertained an application by the Gas Authority of India Ltd. (GAIL) seeking directions for the supply of natural gas to industries in the Taj Trapezium Zone (TTZ) of Agra and for the laying of a pipeline through the old Yamuna Bridge. The Court noted that, under its earlier order dated 30‑12‑1996 in …
ANSAL ENGINEERING PROJECTS LTD.versusTEHRI HYDRO DEVELOPMENT CORPORATION LTD. AND ANR.
1996 INSC 80731 July 1996Dismissed
Ansal Engineering Projects Ltd entered into a construction contract with Tehri Hydro Development Corporation Ltd (THDC) and furnished a bank guarantee of Rs 57,57,970 issued by UCO Bank in favor of THDC. After THDC terminated the contract, it invoked the guarantee and demanded payment. Ansal sought an injunction under …
MOHAMMED GAZIversusSTATE OF M.P. AND ORS.
2000 INSC 17931 March 2000Appeal(s) allowed
The State of Madhya Pradesh issued a tender for the sale of perishable Tendu leaves. After the highest bid of another bidder (Respondent No.4) was cancelled, Mohammed Gazi was declared the highest bidder and deposited Rs 2,68,217.72 as earnest money. While Gazi was preparing to execute the purchase agreement, Responden…
SHRI SHIVDEV SINGH AND ANR.versusSH. SUCHA SINGH AND ANR.
2000 INSC 18031 March 2000Dismissed
The original owner, Prakash Singh, mortgaged his land to Basant Kaur for Rs 7,000 in 1968, the mortgage deed stipulating a term of 99 years. After Basant Kaur's death, the appellants stepped into her shoes as mortgagees in possession. In 1987 the mortgagor sold a portion of the mortgaged land to the respondent, who hel…
H.S. CHANDRA SHEKARA CHARIversusTHE DIVISIONAL CONTROLLER, KSRTC AND ANR.
1999 INSC 14131 March 1999Disposed off
H.S. Chandra Shekara Chari was dismissed by the Karnataka State Road Transport Corporation in July 1988. He challenged the dismissal before the Labour Court, which held that the charges against him were not proved and ordered his reinstatement with full back wages. The respondents appealed to the High Court, where the …
R. RATHINAVEL CHETTIAR AND ANOTHERversusV. SIVARAMAN AND OTHERS
1999 INSC 14531 March 1999Appeal(s) allowed
V. Sivaraman sued Shakunthala for a declaration of title and possession of a property. The trial court decreed in his favour, after which he sold the property to R.R. Chettriar and another purchaser, who were impleaded as respondents in the appeal filed by Shakunthala. While the appeal was pending, Sivaraman applied to…
MANJU RAMESH NAHAR ETC.versusUNION OF INDIA AND OTHERS
1999 INSC 14731 March 1999Appeal(s) allowed
The husband of the appellant, Ramesh Nahar, was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 3 February 1997. The detention order was not executed until 23 April 1998, a delay of more than a year, with the respondents offering only a vague claim th…
NITIN RASHMIKANT KANT AW ALAversusUNION OF INDIA AND ORS.
1997 INSC 8131 January 1997Disposed off
The appellant challenged the Delivery of Postal Articles Orders of 1991 and 1996, arguing that delivering mail to a mailbox in a high‑rise building was beyond the powers granted under the Indian Post Office Act, 1898, and that existing buildings lacking mailbox space should be exempt. The High Court upheld the orders, …
C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.
1996 INSC 15431 January 1996Dismissed
The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport Authority, contended t…
U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL
1996 INSC 15631 January 1996Dismissed
The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years of service, was not…
HOUSING BOARD OF HARYANAversusHARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.
1995 INSC 64330 October 1995Dismissed
The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive governmental control, includin…
UNION OF INDIA AND ORS.versusDINANATH SHANTARAM KAREKAR AND ORS.
1998 INSC 27730 July 1998Dismissed
The original respondent, Dinanath Shantaram Karekar, a government employee, was removed from service after a departmental enquiry. The charge‑sheet was sent to him by registered post but was returned with the endorsement "not found". A show‑cause notice was published in a local newspaper without any prior personal serv…
STATE OF U.P.versusSHATRUGHAN LAL AND ANR.
1998 INSC 27830 July 1998Dismissed
The respondent, a Lekhpal in the Uttar Pradesh government, was dismissed after a departmental enquiry. He challenged the dismissal before the State Public Services Tribunal, which set aside the dismissal on the ground that copies of documents listed in the charge‑sheet and statements of witnesses from the preliminary e…
MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.
1997 INSC 45630 April 1997Appeal(s) allowed
The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to very low rates (e.g., R…
SURESH RAI AND ORS.versusSTATE OF BIHAR
2000 INSC 17130 March 2000Appeal(s) allowed
The appellants Suresh Rai, Pradeep Rai and Jitendra Prasad Rai were convicted for the murder of Shambhu Rai under IPC sections 302, 34, 109 and the Arms Act, and sentenced to life imprisonment. They appealed, contending that the three alleged eye‑witnesses were not present at the scene, that the investigation was taint…
STATE OF JAMMU AND KASHMIRversusSHIV RAM SHARMA AND OTHERS
1999 INSC 13830 March 1999Appeal(s) allowed
The respondents, long‑serving drill operators, were denied promotion after the 1990 Jammu & Kashmir Geology and Mining (Subordinate) Service Recruitment Rules introduced a matriculation qualification for higher posts. They filed writ petitions seeking to quash the qualification bar and to be promoted on seniority groun…
CAPT. M. PAUL ANTHONYversusBHARAT GOLD MINES LTD. AND ANR.
1999 INSC 13930 March 1999Appeal(s) allowed
Capt. M. Paul Anthony, a security officer of Bharat Gold Mines Ltd., was arrested after a police raid at his residence recovered gold items. He was suspended and a departmental inquiry was initiated, but his request to stay the inquiry pending the criminal trial was denied. The inquiry proceeded ex parte, he was found …
RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.
1996 INSC 14830 January 1996Appeal(s) allowed
The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was sought, the appellan…
SESHAN AND ORS.versusTHE SPECIAL TEHSILDAR AND LAND ACOUISITION OFFICER, SIPCOT, PUDUKKOTTAJ
1996 INSC 14930 January 1996Appeal(s) allowed
The dispute arose from land acquired under a notification dated 17 October 1981, with possession taken in January 1982. The Land Acquisition Officer awarded compensation of Rs 2,000 per acre on 31 July 1982, which was later enhanced by the civil court to Rs 4,000 per acre (7 November 1983) and by the Madras High Court …
STATE OF HARYANAversusCHANDRA MANI AND ORS.
1996 INSC 15030 January 1996Appeal(s) allowed
The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" and held that the pro…
C. MASILAMANI MUDALIAR AND ORS.versusTHE IDOL OF SRI SWAMINATHASWAMI SWAMINATHASWAMI THIRUKOIL AND ORS.
1996 INSC 15130 January 1996Appeal(s) allowed
The case concerned property bequeathed by Somasundram Pillai in 1950 to his wife Sellathachi and his cousin's widow Janakathachi as maintenance. After the testator's death the widows possessed the land, but a power of attorney later alienated it, prompting a suit to declare the alienations illegal. The question before …
JAI NARAIN AND ORS. ETC. ETC.versusUNION OF INDIA
1995 INSC 80829 November 1995Dismissed
The petitioners challenged two notifications dated 6 January 1995 and 9 March 1995 issued under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 for land in Nilothi, Delhi, which was to be used for a sewage‑treatment plant (STP). They argued that the phrase "is likely to be needed" in the Section 4 notificatio…
ASHWANI KUMAR AND ANR. ETC.versusREGIONAL TRANSPORT AUTHORITY, BIKANER AND ANR.
1999 INSC 44729 September 1999Dismissed
The appellants were granted stage‑carriage permits by the Regional Transport Authority (RTA), Bikaner, to ply buses on a Sangaria‑Delhi inter‑state route. The Rajasthan Road Transport Corporation challenged the permits, arguing that the route was covered by a reciprocal transport agreement between Rajasthan and Haryana…
HANDLOOM HOUSE ERNAKULAMversusREGIONAL DIRECTOR, ESI
1999 INSC 21229 April 1999Appeal(s) allowed
Handloom House, a co‑operative society, paid its employees incentive bonuses and sales commissions in addition to regular wages. The Employees State Insurance Corporation (ESIC) claimed that these payments were "wages" under Section 2(22) of the Employees State Insurance Act, 1948 and demanded additional contributions.…
SECRETARY-CUM-CHIEF ENGINEER, CHANDIGARHversusHARI OM SHARMA AND ORS.
1998 INSC 20729 April 1998Dismissed
The case concerned the promotion of Har! Om Sharma, a senior non‑diploma line‑man, to the post of Junior Engineer‑I in 1990. Although promotion quotas were fixed for three feeder cadres, the department used an integrated seniority list, ignoring the quota for non‑diploma holders. Sharma was placed in the higher post on…
D-BLOCK ASHOK NAGAR (SAHIBABAD) PLOT HOLDERS ASSOCIATION (REGD.)versusSTATE OF U.P. AND ORS.
1997 INSC 44629 April 1997Leave Granted & Allowed
The appellant Plot Holders Association challenged the award made under the Land Acquisition Act, 1894 for a large parcel of land in Sahibabad, contending that the authorities were not liable to pay solatium and interest under the 1984 amendment. The Special Land Acquisition Officer had already granted compensation, sol…
STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.
1997 INSC 44729 April 1997Leave Granted & Allowed
The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for the Jabalpur zone, …
UNION OF INDIA AND ANR.versusSHRI RISAL SINGH
1997 INSC 44829 April 1997Leave Granted & Dismissed
The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land Acquisition Officer and late…
SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.
1997 INSC 44929 April 1997Leave Granted & Allowed
The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by the High Court to Rs 2…
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6
1997 INSC 45029 April 1997Leave Granted & Allowed
The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced the award to Rs 17,00…
UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.
1997 INSC 45129 April 1997
The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the High Court later gra…
CAPT. KARAN VASWANIversusUNION OF INDIA AND ORS.
2000 INSC 16829 March 2000Dismissed
The New Mangalore Port Trust advertised a vacancy for Deputy Conservator, requiring ten years of experience as a Master of a foreign‑going ship or in pilotage/dredging. Captain Subhash Kumar (respondent No.4) had six years as Master and nine years as Pilot, while the appellant had two years as Master and eleven years a…
NAR SINGH PALversusUNION OF INDIA AND ORS.
2000 INSC 16929 March 2000Appeal(s) allowed
Nar Singh Pal, a casual labourer who had acquired temporary status in the Telecom Department, was terminated in May 1992 on the basis of alleged assault and pending criminal charges under the IPC. The termination was effected by paying retrenchment compensation without a regular departmental enquiry. Pal was later acqu…
ATTIQ-UR-REHMANversusMUNICIPAL CORPORATION OF DELHI AND ANR.
1996 INSC 33629 February 1996Dismissed
Attiq‑ur‑Rehman filed a civil suit to restrain the Municipal Corporation of Delhi from demolishing alleged unauthorised construction on his property. The corporation later lodged a criminal complaint under sections 332 and 461 of the Delhi Municipal Corporation Act in the Court of a Metropolitan Magistrate, even though…
SURJIT SINGH AND ORS.versusBALBIR SINGH
1996 INSC 33329 February 1996Dismissed
The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants later filed a civil s…
RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.
1996 INSC 33429 February 1996Dismissed
The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting judge, raising conc…
RAJENDRA PRATAP SINGHversusRAMESHWAR PRASAD
1998 INSC 40428 October 1998Dismissed
The petitioner, a tenant, was evicted by the respondent, the landlord, under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on the ground that the fixed‑term lease had expired. The tenant contended that the lease was invalid because the registered deed of Kabuliyat was signed only by…
EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. M.M. SURI AND ASSOCIATES (P.) LTD.
1998 INSC 40528 October 1998Dismissed
The Employees' State Insurance Corporation (ESIC) appealed against a Delhi High Court order that held a 1988 notification extending the Employees' State Insurance Act, 1948 to shops was inapplicable to M.M. Suri & Associates (P) Ltd., a shop with five officers and fewer than twenty workers. The Supreme Court examined w…
DELHI ELECTRIC SUPPLY UNDERTAKINGversusBASANTI DEVI AND ANR.
1999 INSC 44428 September 1999Disposed off
The Life Insurance Corporation (LIC) offered a Salary Savings Scheme under which Delhi Electric Supply Undertaking (DESU) deducted insurance premiums from its employees' salaries and remitted them to LIC. DESU failed to remit premiums for two months, after which an employee died and his widow claimed the policy benefit…
GOVT. OF ANDHRAPRADESH AND ORSversusGUDEPU SAILOO AND ORS.
2000 INSC 26628 April 2000Disposed off
The respondents, who had been allotted government land on the condition that it could not be alienated without prior sanction, executed a power of attorney to sell the land. The District Revenue Officer, after receiving the respondents' explanation to a show‑cause notice, held that the assignment could not be cancelled…
LIAQ AHMED AND ORS.versusSHRI HABEEB-UR-REHMAN
2000 INSC 26728 April 2000Appeal(s) allowed
The respondent, claiming ownership of a Delhi premises through a sale deed, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, invoking bona‑fide requirement. The appellants, tenants, contended that the property was vested in the Custodian of Enemy Property for India and therefore co…
DATTATRAYA LAXMAN KAMBLEversusABDUL RASUL MOULIALI KOTKUNE AND ANR.
1999 INSC 20928 April 1999Appeal(s) allowed
The landlord, who owned a shop room, sought eviction of his tenant to start an electrical goods business, claiming a diploma in Electrical Engineering but no prior experience. The trial court denied eviction, while the appellate court ordered eviction under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House …
KUSH SAHGAL AND ORS.versusM.C. MITTER AND ORS.
2000 INSC 16228 March 2000Appeal(s) allowed
The appellants, landladies, obtained permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to evict a tenant on the ground of a bona‑fide requirement to shift a nursing home. The suit filed on that permission was later withdrawn without any liberty to re‑file. After the 1972 Act came…
PATEL ROADWAYS LTD.versusBIRLA YAMAHA LTD.
2000 INSC 16328 March 2000Dismissed
Birla Yamaha Ltd. booked Patel Roadways Ltd. to transport 267 generator sets, which were destroyed in a fire at the carrier's godown. The complainant filed a petition before the National Consumer Disputes Redressal Commission alleging deficiency in service and seeking compensation. The Commission held the carrier liabl…
MURALIDHAR SARANGIversusTHE NEW INDIA ASSURANCE CO. LTD.
2000 INSC 10628 February 2000Dismissed
Muralidhar Sarangi owned two trucks insured under two policies of New India Assurance. While transporting goods in Assam, the trucks were destroyed by Bodo terrorists, resulting in loss of the vehicles and the death of a driver. The insurer denied the claim, stating that terrorist risk was excluded. The State Consumer …
NEW INDIA ASSURANCE CO. LTD.versusR. SRINIVASAN
2000 INSC 10728 February 2000Dismissed
R. Srinivasan filed a complaint before the State Consumer Disputes Redressal Commission seeking damages for loss to his insured vehicle. The complaint was dismissed for default and his application for restoration was also rejected. He then filed a fresh complaint before the District Consumer Disputes Redressal Forum, w…
G. SAGAR SURI AND. ANRversusSTATE OF C.P. AND ORS.
2000 INSC 3428 January 2000Appeal(s) allowed
The appellants, G. Sagar Suri and Shama Suri, were accused of obtaining a loan of Rs. 50 lakh from a finance company and issuing cheques that later bounced. A complaint under Section 138 of the Negotiable Instruments Act was filed, and concurrently a First Information Report under Sections 406 and 420 of the IPC was lo…
THE NEDUNGADI BANK LTD.versusK.P. MADHAVANKUTTY AND ORS.
2000 INSC 3628 January 2000Appeal(s) allowed
The respondent, a clerk of Nedungadi Bank Ltd., was dismissed in 1972 for misappropriation of funds following a disciplinary inquiry. After about seven years he sought reinstatement, alleging discrimination because two other dismissed employees had been reinstated, and applied to the Central Government under Section 10…
THE CHAIRMAN, RAILWAY BOARD AND ORS.versusMRS. CHANDRIMA DAS AND ORS.
2000 INSC 3828 January 2000Dismissed
A Bangladeshi woman, Hanuffa Khatoon, was gang‑raped by several Railway employees at the Yatri Niwas, Howrah Station. Advocate Chandrima Das filed a writ petition under Article 226 seeking compensation of Rs 10 lakh and other reliefs. The Calcutta High Court awarded the compensation, holding that the offence violated t…
SH. K.B. SHARMA AND ANR.versusUNION OF INDIA AND ANR.
1998 INSC 4428 January 1998Dismissed
The appellants, who had risen from clerks to assistant managers in the New Bank of India, were placed in the Junior Management Grade Scale I along with accountants after the bank was taken over by the Union of India under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. They challenged Regula…
GULINGAPPA AND ORSversusASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, GULBARG
1997 INSC 7228 January 1997Dismissed
The petitioners, Gurlingappa and others, challenged the compensation awarded by the Land Acquisition Officer under the Land Acquisition Act, 1894 for land acquired for the Amerja Project. The officer had fixed Rs. 3,000 per acre, which the District Court enhanced to Rs. 6,300 (dry land) and Rs. 9,820 (cultivable land);…
SARLA AHUJAversusUNITED INDIA INSURANCE COMPANY LTD.
1998 INSC 40127 October 1998Appeal(s) allowed
Sarla Ahuja, a widow residing in Calcutta, sought eviction of United India Insurance Co. Ltd., the tenant of her Delhi premises, invoking Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of a bona‑fide requirement and lack of suitable accommodation in Delhi. The Rent Controller upheld her claim and o…
M.C. MEHTAversusUNION OF INDIA AND ORS. RE: INDER MOHAN BENSIWAL RE: BHARAT PETROLEUM CORPORATION LTD
1999 INSC 29227 July 1999Disposed off
The Union Government allotted a petrol pump site at San Martin Marg to Hindustan Petroleum Corporation Ltd. (HPCL), which was later re‑allotted to Bharat Petroleum Corporation Ltd. (BPCL) without notice, following a Supreme Court order in a public‑interest litigation. The Supreme Court subsequently recalled its earlier…
K.S. SATYANARAYANAversusV.R. NARAYANA RAO
1999 INSC 29427 July 1999Appeal(s) allowed
The plaintiff paid Rs.1 lakh each to the property owner (defendant 1) and his agent (defendant 2) based on a written authorisation allowing the agent to sell the ground floor. The sale fell through; the agent returned Rs.50,000 but the owner refused to refund his share, denying any contractual relationship with the pla…
STATE OF BIHAR AND ORS. ETC.versusKAMESHWAR PRASAD SINGH AND ANR. ETC. ETC.
2000 INSC 26527 April 2000Disposed off
The case concerned several police officers who had been promoted on an officiating basis with a stipulation that they would not receive seniority until selected under the Bihar Police Manual Rules. The High Court had granted seniority and promotion to Brij Bihari Prasad Singh and Kameshwar Prasad Singh, relying on the …
JAGDISH LALversusPARMANAND
2000 INSC 15127 March 2000Disposed off
The tenant, Jagdish Lal, held a lease for a shop let for "Maniari" (general merchant) business at Rs 600 per month. He later started a restaurant serving tea and cold drinks, which the Rent Controller deemed a change of user under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 and ordered evicti…
NATH BROS. EXIM INTERNATIONAL LTD.versusBEST ROADWAYS LTD.
2000 INSC 15227 March 2000Appeal(s) allowed
Nath Bros. Exim International Ltd. booked 77 packages of silk garments with Best Roadways Ltd. for carriage from Noida to Bombay, the contract stating the goods were carried "at Owner's Risk". The consignment was diverted to a warehouse in Bhiwandi on alleged instructions of the consignee and was completely destroyed b…
WEST BENGAL STATE ELECTRICITY BOARDversusM/S FAKIR CHAND RICE MILLS AND ORS.
1996 INSC 32127 February 1996Disposed off
The West Bengal State Electricity Board claimed Rs 28,68,264.06 from Fakir Chand Rice Mills for alleged pilferage in electricity consumption. The trial court ordered the mill to pay Rs 2,60,000, which the High Court later modified to a direction to deposit Rs 5,60,000 without adjudicating the liability. The mill appeal…
N.M. VEERAPPAversusCANARA BANK
1998 INSC 4127 January 1998Appeal(s) allowed
Canara Bank sued a partnership firm and its partners for recovery of a loan secured by an equitable mortgage. The trial court awarded interest at the contractual rate of 16.5% on the balance up to the date of suit and at a reduced rate of 6% per annum for future interest from the date of suit. The Karnataka High Court …
WHIRLPOOL CORPORATIONversusREGISTRAR OF TRADE MARKS, MUMBAI AND ORS.
1998 INSC 40026 October 1998Appeal(s) allowed
Whirlpool Corporation, a US company, had its "WHIRLPOOL" trademark registered in India in 1957 and renewed twice, but it lapsed after 1977. The Chinar Trust later obtained registration of the same mark and began using it, prompting Whirlpool to file a passing‑off suit and a rectification petition. While the suit was pe…
SAGAYAMversusSTATE OF KARNATAKA
2000 INSC 25226 April 2000Appeal(s) allowed
The appellant was convicted by a Designated Court under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and Section 307 read with Section 34 of the Indian Penal Code for allegedly storing lethal weapons, extorting money and threatening a police officer during a search. On appeal, the …
VIMAL CHANDRA GROVERversusBANK OF INDIA
2000 INSC 25426 April 2000Appeal(s) allowed
V.C. Grover obtained an overdraft facility from Bank of India by pledging shares and later requested the bank to sell 500 of those shares to clear part of his overdraft. The bank delayed the sale for several months, during which the share price fell dramatically, causing Grover a loss. He filed a complaint before the N…
STATE OF ANDHRA PRADESHversusCHALLA RAMKRISHNA REDDY AND ORS.
2000 INSC 25726 April 2000Dismissed
The State of Andhra Pradesh was sued by the family of Challa Chinnappa Reddy, who died after a bomb was hurled into his jail cell, alleging negligence of police officers who ignored repeated warnings of a conspiracy to kill the inmates. The trial court dismissed the suit on grounds of limitation and sovereign immunity;…
M/S RAHABHAR PRODUCTIONS PVT. LTD.versusRAJENDRA K. TANDON
1998 INSC 15726 March 1998Dismissed
The respondent, a retired Central Government employee, filed an eviction petition under Section 14C of the Delhi Rent Control Act, 1958 (amended 1988) seeking possession of premises he had let to the appellant. The appellant contested, seeking leave to defend under Section 25B, but the Rent Controller dismissed the app…
SAMISHTA DUBEversusCITY BOARD, ETAWAH AND ANR.
1999 INSC 8926 February 1999Appeal(s) allowed
Samishta Dube was appointed as a typist/clerk in the City Board, Etawah on 15‑12‑1987 and terminated on 12‑04‑1988 after 3 months 27 days of service. She raised an industrial dispute under Section 4‑K of the U.P. Industrial Disputes Act, 1947. The Labour Court held that while the termination was not invalid, the "last …
KAPILDEO PRASAD SAH AND ORS.versusSTATE OF BIHAR AND ORS.
1999 INSC 35625 August 1999Disposed off
The appellants, untrained assistant teachers in Bihar, were terminated and later appointed on 4 October 1994 under directions of the Supreme Court and the High Court that vacancies existing before 1 January 1992 be filled and that such appointees be paid arrears from 1 July 1992. The appellants claimed arrears of salar…
MALIK BROTHERSversusNARENDRA DADHICH AND ORS.
1999 INSC 35725 August 1999Appeal(s) allowed
The Indore Development Authority conducted a public auction of a government land parcel; the appellant, Malik Brothers, was the highest bidder but failed to pay the balance, leading to forfeiture of the premium. The appellant challenged the forfeiture and the Authority referred the dispute to an arbitrator, who awarded…
SYNDICATE BANKversusTHEGENERALSECRETARY,SYNDICATEBANKSTAFF ASSOCIATION AND ANR.
[2000] 3 S.C.R. 28525 April 2000Appeal(s) allowed
The case concerns D.K. Dayananda, a clerk of Syndicate Bank, who was absent from duty for more than 90 consecutive days. The Bank issued a show‑cause notice under Clause 16 of the Bipartite Settlement, which was returned as "refused"; the employee neither responded nor reported for duty, leading the Bank to deem him to…
CHANDRA PARKASH SHAHIversusSTATE OF U.P. AND ORS.
2000 INSC 24725 April 2000Appeal(s) allowed
Chandra Parkash Shahi, a constable recruited on probation under the U.P. Police Regulations, completed his two‑year probation without blemish but was terminated a year later by a simple notice under Rule 3 of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975, following a preliminary enquiry in…
M.K. SHANMUGAM AND ANR. ETC.versusUNION OF INDIA AND ORS.
2000 INSC 24225 April 2000Dismissed
The appellants, Assistant Engineers (Electrical) Class II, were promoted on an ad‑hoc basis to Executive Engineer (Electrical) and later regularised. The Department’s seniority list counted their ad‑hoc service for seniority, which was challenged by directly recruited Assistant Executive Engineers (Electrical) Class I.…
M/S. SPRING MEADOWS HOSPITAL ANO ANR.versusHARJOL AHULWALIA THROUGH K.S. AHULWALIA AND ANR.
1998 INSC 15425 March 1998Dismissed
A minor child was admitted to Spring Meadows Hospital for typhoid treatment. A nurse administered an injection without proper testing, causing the child to suffer cardiac arrest, brain damage and a vegetative state. The parents filed a complaint under the Consumer Protection Act, 1986, seeking compensation for the chil…
UNION OF INDIA AND ORS.versusP. THAYAGARAJAN
1998 INSC 44024 November 1998Appeal(s) allowed
The respondent, a Sub‑Inspector of the CRPF, was charged with disobeying transfer orders, neglect of duty and misconduct. During the departmental enquiry, the Enquiry Officer treated letters from two witnesses—one for the department and one for the respondent—as oral statements, despite the witnesses’ inability to appe…
MR. FRANCE B. MARTINS AND ANR.versusMRS. MAFAIDA MARIA TERESA RODRIGUES
1999 INSC 35324 August 1999Dismissed
The appellants, promoters of an apartment complex, sold a flat to the respondent’s minor daughter for Rs. 2,10,000 and delivered possession in September 1985 but failed to execute a sale deed. The respondent filed a complaint under the Consumer Protection Act, 1986 on 19 June 1992 seeking specific performance and compe…
OM PRAKASH SHARMAversusCENTRAL BUREAU OF INVESTIGATION, DELHI
2000 INSC 23324 April 2000Dismissed
O.P. Sharma, a former DIG of the CBI, filed an application under Section 91 of the Criminal Procedure Code seeking the summons and production of documents he alleged would demonstrate that the CBI’s case against him was driven by malice. The Special Judge rejected the application, finding the documents irrelevant and i…
STATE OF HARYANA AND ORS.versusSMT.SANTRA
2000 INSC 23424 April 2000Dismissed
Smt. Santra, a poor labourer with seven children, underwent a sterilisation operation at a government hospital under the family‑planning scheme and was issued a certificate stating the procedure was successful. She later became pregnant and gave birth to a child because only her right fallopian tube had been operated o…
KUNAL NANDAversusUNION OF INDIA AND ANR.
2000 INSC 23524 April 2000Dismissed
The appellant, a CRPF officer, was deputed to the CBI and sought permanent absorption on the basis that he was a graduate. He failed to produce a graduation certificate and claimed that a degree was not required for someone of his standing, leading the CBI to doubt his integrity and repatriate him to his parent departm…
SRI VEERA HANUMAN RICE AND FLOUR MILL AND ANR.versusSTATE BANK OF INDIA, RAMACHANDRAPURAM, A.P.
2000 INSC 23724 April 2000Appeal(s) allowed
The State Bank of India obtained a preliminary decree for a sum of Rs. 70,087.75 in 1987 and was required to apply for a final decree by 31‑12‑1991. It filed the application only on 27‑7‑1994, seeking condonation of a 714‑day delay under Section 5 of the Limitation Act, 1963 and Order 34 Rule 5 of the CPC. The subordin…
KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR.versusS. MANJUNATH ETC.
2000 INSC 23824 April 2000Dismissed
Three employees of Karnataka State Road Transport Corporation were placed on a two‑year probation and later terminated after the probation period ended. They challenged the terminations before the High Court, which held that the corporation could not terminate their services after the maximum probation period because t…
WORKMEN OF M/S. BIRLA TEXTILESversusK.K. BIRLA AND ORS.
1999 INSC 13024 March 1999Disposed off
The workmen of Birla Textiles filed a contempt petition alleging that the management willfully disobeyed the Supreme Court's order in MC Mehta v. Union of India directing the shift of the factory to Baddi and the grant of certain benefits. The Court found that the factory was not fully functional and only 937 workmen c…
STATE OF RAJASTHANversusM.C. SAXENA
1998 INSC 11224 February 1998Dismissed
The respondent, an engineer of the Rajasthan Government, was charged with using sub‑standard material. An enquiry officer exonerated him because the forensic samples were not taken as per procedure, but the State Government, acting as disciplinary authority, disagreed, recorded reasons, and imposed a penalty of withhol…
KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.
1997 INSC 5224 January 1997Dismissed
The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed before the High Court,…
KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.
1996 INSC 12124 January 1996Dismissed
Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State Insurance Act, 1948 and i…
YADAVRAO P. PATHADE (DEAD) BY LRS. ETC.versusSTATE OF MAHARASHTRA
1996 INSC 12224 January 1996Disposed off
The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the High Court refused inte…
STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM
1996 INSC 12324 January 1996Appeal(s) allowed
The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, re‑appreciated the evidence, con…
STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.
1996 INSC 12424 January 1996Appeal(s) allowed
The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage appointment as a regular pos…
RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.
1996 INSC 12524 January 1996Appeal(s) allowed
The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was dismissed. While these p…
UNION BANK OF INDIAversusM/S. SEPPO RALLY OY AND ORS.
1999 INSC 44123 September 1999Appeal(s) allowed
The Union Bank of India issued a bank guarantee for Dany Dairy & Food Engineers Ltd., which was later invoked by Seppo Rally OY, a Finnish company. Payment under the guarantee was delayed because the bank had to obtain permission from the Reserve Bank of India to remit the amount in foreign exchange and because of a la…
LIFE INSURANCE CORPORATION OF INDIA AND ANR.versusSHRI RAG HA VENDRA SESHAGIRI RAO KULKARNI
1997 INSC 66623 September 1997Appeal(s) allowed
The respondent, appointed as a Development Officer on probation by Life Insurance Corporation of India (LIC), was terminated on 22 May 1986 under Regulation 14(4) of the LIC Staff Regulations, which allows discharge without notice or cause during probation. He challenged the termination before the Karnataka High Court,…
SHRI ALVARO NORONHA FERRIERA & ANR.versusUNION OF INDIA AND ORS.
1999 INSC 19923 April 1999Appeal(s) allowed
The appellants, District and Sessions Judges serving in the Union Territory of Goa, claimed that their pay should have been increased in line with the raise granted to their counterparts in the Union Territory of Delhi in 1982. The High Court dismissed their writ petition, holding that they had not proved the nature of…
GUDUR KISHAN RAO AND ORS.versusSUTIRTHA BHATTACHARYA AND ORS.
1998 INSC 11023 February 1998Dismissed
The appellants, former Deputy Collectors of the Andhra Pradesh State Civil Service, were excluded from the 1987 IAS promotion list and obtained a Tribunal order directing the creation of 14 supernumerary IAS posts. The Government of India issued notifications on 15‑12‑1993 (amending the Cadre Strength Regulation) and 1…
STATE OF RAJASTHANversusRAM NARAIN AND ORS.
1996 INSC 11623 January 1996Appeal(s) allowed
The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a fine on the first a…
SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.
1996 INSC 11723 January 1996Granted
The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities declared the appellant h…
PRATAP SINGH@ BABU RAM AND ANRversusDEPUTY DIRECTOR OF CONSOLIDATION, MAINPURI AND ORS.
1999 INSC 43822 September 1999Dismissed
The appellants claimed ownership of several plots recorded in the name of their predecessor, Hira Lal, while the respondents asserted that the land was "sir" and "khudkasht" of their predecessor, Hansraj, who had mortgaged the plots to Hira Lal in 1920. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, …
M.C.MEHTAversusUNION OF INDIA AND ORS. RE:AIRPORTS AUTHORITY OF INDIA LTD.
1999 INSC 28522 July 1999Disposed off
The Airports Authority of India (AAI) sought permission to install hot‑mix plants within the vicinity of Indira Gandhi International Airport to resurface its runways, arguing that the work is of national importance and that distant plants would compromise the quality of the mix and airport security. Environmental group…
RAJATHIversusC. GANESAN
1999 INSC 28622 July 1999Appeal(s) allowed
The appellant wife filed a petition under Section 125 of the Criminal Procedure Code seeking maintenance, alleging that her husband, who had sufficient means, had neglected and refused to maintain her and was living with another woman. The husband contended that the wife could not prove a second marriage under Section …
SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 42522 April 1997Leave Granted & Dismissed
The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ petitions were filed ch…
PANCHANAN SHARMAversusBASUDEO PRASAD JAGANANI AND ORS.
1995 INSC 20122 March 1995Appeal(s) allowed
The father of the appellant hypothecated a 5‑bigha property by usufructuary mortgage on 10 July 1911 for Rs.261, obligating the mortgagee to pay land revenue. The mortgagee defaulted, the property was auctioned and purchased by Ramtahal Singh. The appellant sued for redemption; the trial court decreed in his favour, bu…
STATE BANK OF HYDERABADversusTHE JOINT FAMILY OF M/S. MUKUNDAS RAJA BHAGWAN DAS AND ORS.
1995 INSC 20222 March 1995Appeal(s) allowed
The State Bank of Hyderabad sued the Joint Family of Mis. Mukundas Raja Bhagwan Das for recovery of a promissory note dated 20 May 1953. The respondents had applied in March 1960 under Section 11 of the Andhra Pradesh Jagirdar Debt Settlement Act, 1952 for scaling down the debt, and the Debt Settlement Board later held…
N. KUNHICFLEKKU HAJI(D) BY LRSversusSTATE OF KERALA AND ORS.
1995 INSC 20322 March 1995Appeal(s) allowed
The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on the ground that the…
M/S. MODERN INSULATORS LTD.versusTHE ORIENTAL INSURANCE CO. LTD.
2000 INSC 9322 February 2000Appeal(s) allowed
Modern Insulators Ltd. purchased an All Risk Insurance Policy from Oriental Insurance Co. for a kiln installation. When the kiln furniture collapsed during trial, the insurer refused to pay, claiming an exclusion clause for second‑hand property that the insured alleged was never disclosed. The State Consumer Disputes R…
MR.'X'versusHOSPITAL Z
1998 INSC 37421 September 1998Dismissed
The appellant, a doctor who tested HIV‑positive, had his status disclosed by Hospital Z when he was about to marry Ms. Y, leading to social ostracism. He filed a consumer complaint seeking damages for breach of medical confidentiality and violation of his right to privacy under Article 21. The Supreme Court held that t…
KART AR SINGH @ NARANJAN SINGH AND ORS.versusSTATE OF PUNJAB
1995 INSC 19021 March 1995Dismissed
The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under Section 144 of the Cod…
UNION OF INDIAversusJAGDISH AND ORS.
1995 INSC 19121 March 1995Appeal(s) allowed
The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. The Supreme Court ob…
LAL CHANDversusVIIITH ADDL. DISTRICT JUDGE AND ORS.
1997 INSC 17921 February 1997Appeal(s) allowed
The appellant had entered into a contract to sell a parcel of land to the respondent, who later sued for specific performance but the suit was dismissed and a decree for refund of earnest money was granted. The decree-holder sought execution of the decree, leading the court to attach and auction the appellant's land. T…
DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHAversusTHE STATE OF BIHAR AND ORS.
1997 INSC 18021 February 1997Disposed off
The petitioner, Dr. (Capt.) Akhouri Ramesh Chandra Sinha, filed a contempt petition alleging that the State of Bihar had failed to implement the Supreme Court’s earlier judgment fixing his seniority from 6 September 1966 and the consequent promotional benefits. He further claimed that officers who were not entitled to …
RAM SAKAL SINGHversusMOSAMAT MONAKE DEVI (DEAD) AND ORS.
1997 INSC 18121 February 1997Dismissed
The appellant, a member of a joint Hindu family, executed a gift deed in favour of a stranger in 1959, later cancelled it and sold the property to the respondent. The respondent sued for a declaration that the gift deed was obtained by fraud and therefore voidable, and for possession based on the subsequent sale deed. …
K. KRISHNAMACHARYULU AND ORS.versusSHRI VENKATESWARA HINDU COLLEGE OF ENGINEERING AND ANR.
1997 INSC 18221 February 1997Appeal(s) allowed
Six lab assistants employed on daily wages at a private college filed a writ petition under Article 226 seeking equal pay with government employees, invoking Article 39(d) and executive instructions. The High Court dismissed the petition, and the matter reached the Supreme Court on appeal. The Court examined whether a …
STATE OF U.P.versusYAMUNA SHANKER MISRA AND ANR.
1997 INSC 18321 February 1997Appeal(s) allowed
The State of U.P. appealed against a Service Tribunal and High Court order that quashed adverse remarks recorded in the confidential reports of Yamuna Shanker Misra and another employee for the years 1987‑88 and 1988‑89, which had denied their promotion. The Tribunal held the remarks were made with malice and arbitrari…
BANDHUA MUKTI MORCHA ETC.versusUNION OF INDIA AND ORS .
1997 INSC 18421 February 1997Disposed off
The Bandhua Mukti Morcha filed a public‑interest writ under Article 32 seeking a total ban on employment of children below 14 years in the carpet industry of Uttar Pradesh and direction to provide education, health, nutrition and other welfare facilities. The Court examined evidence showing widespread child‑bondage, ph…
SHER SINGH AND ORS.versusSURINDER KUMAR AND ORS.
1998 INSC 3621 January 1998Disposed off
The Himachal Gramin Bank promoted fifteen clerks to the post of Field Supervisor in 1987, allegedly using a merit‑cum‑seniority criterion instead of the prescribed seniority‑cum‑merit rule. Respondents challenged the promotion, and the Himachal Pradesh High Court set aside the selection, directing a fresh promotion pro…
SUPERINTENDING ENGINEER, PUBLIC HEALTH, U.T CHANDIGARH AND ORS.versusKULDEEP SINGH AND ORS.
1997 INSC 4421 January 1997Dismissed
The petitioners, the Superintending Engineer, Public Health, UT Chandigarh and others, appointed two officers to the post of Head Draftsman without considering the respondent, Kuldeep Singh, a Scheduled Caste (SC) candidate who was eligible for promotion under the reservation roster. The vacancy was reserved for Schedu…
SRINIVASIAHversusSRI BALAJI KRISHNA HARDWARE STORES
1998 INSC 43920 November 1998Appeal(s) allowed
The landlord, Srinivasiah, sought eviction of the tenant, Balaji Krishna Hardware Store, claiming a bona fide need for the shop for his son's business. The Rent Controller, appellate authority, and Madras High Court all ordered eviction, but the Supreme Court reversed these orders, assuming an alternative vacant shop b…
P. SADAGOPAN AND ORS.versusFOOD CORPORATION OF INDIA, ZONAL OFFICER (SOUTH ZONE) REPRESENTED BY ITS ZONAL MANAGER AND ANR.
1997 INSC 29820 March 1997Appeal(s) allowed
The petitioners, employees of the Food Corporation of India, sought promotion to Assistant Manager Category II under the Staff Regulations, 1971, which require three years of experience as Assistant Category I. The Promotion Board issued executive instructions that relaxed this experience requirement and promoted certa…
BALESHWAR TEWARI (DEAD) BY LRS. AND ORS.versusSHEO JATAN TIWARY AND ORS.
1997 INSC 29920 March 1997Appeal(s) allowed
The respondent purchased three bighas and six kathas of land from the Raja Dumraon Raj in 1957 and filed a suit for declaration of title. The appellant claimed he had been in possession of the land as a lessee since 1925 and the trial court dismissed the suit, finding the appellant to be a raiyat. The Subordinate Judge…
UNIVERSITY OF COCHIN, REP., BY ITS REGISTRAR UNIVERSITY OF COCHIN ETC.versusN.S. KANJOONJAMMA AND ORS. ETC.
1997 INSC 30020 March 1997Appeal(s) allowed
The University of Cochin adopted Kerala State Subordinate Service Rules 14‑17A to reserve certain non‑teaching posts for Scheduled Castes and Scheduled Tribes and advertised six such posts for special recruitment. The first respondent, a Section Officer, applied for the posts but was not selected and challenged the app…
JAI PRAKASH SHARMAversusSTATE OF U.P. AND ORS.
1997 INSC 30120 March 1997Dismissed
J.P. Sharma, who had been Headmaster of a Junior High School since July 1974, contested the appointment of Man Singh Verma as Headmaster of the same school after it was upgraded to a High School in July 1976. The selection was made under Section 16‑E(2) of the U.P. Intermediate Education Act, 1921, which requires a min…
SMT. RAM SAKHI DEVI ETC.versusSTATE OF U.P. AND ORS. ETC.
1997 INSC 30220 March 1997Dismissed
The appellant, Ram Sakhi Devi, was appointed headmistress of a junior high school that was upgraded to a high school. The managing committee selected her under the U.P. Intermediate Education Act, 1921, but the District Inspector did not ratify the appointment. The appellant challenged the dismissal of her writ petitio…
SHRI SHIVJIversusSHRI RAGHUNATH (DEAD) AND ORS.
1997 INSC 17020 February 1997Dismissed
The deceased respondent and Smt. Reshambai jointly purchased 9 acres of land. Reshambai executed an agreement of sale in favour of the appellant, promising to convey her share to the respondent, but later refused to execute the deed, alleging fraud and that the agreement was void under the rule against perpetuity. The …
RANA PRATAP SINGHversusSTATE OF U.P. AND ORS.
1997 INSC 17120 February 1997Dismissed
The appellant, Rana Pratap Singh, was temporarily promoted to Sub‑Inspector in February 1976 and served in that post until his reversion on 7 May 1983. The Government later created 1,300 super‑numerary police posts in December 1984, stipulating that only Sub‑Inspectors who had served three years or more up to 30 Septem…
N. MURLEEDHARAN AND ORS. ETC.versusTHE STATE OF KERALA AND ORS.
1997 INSC 17220 February 1997Dismissed
The appellants, Kerala recruits in the Land Revenue Department, challenged the validity of the Special Rules issued by the Government of Kerala on 16 June 1980, which retrospectively required Lower Division Clerks to pass certain promotion tests dating back to 1963 and 1964. The Kerala High Court struck down those rule…
STATE OF HARYANAversusDR. A.K. SINHA
1997 INSC 17320 February 1997Appeal(s) allowed
Dr. A.K. Sinha, an IAS officer allotted to the Haryana cadre, obtained a Ph.D. in 1979 and sought four advance increments under Rule 2(b) of the All India Services (Conditions of Service) Rules, 1960. The Haryana State Government denied the request, but the Punjab & Haryana High Court directed the State to grant the in…
BHOLA NATH MISRAversusRAJENDRA PANDEY AND ANR.
1997 INSC 17420 February 1997Dismissed
The Supreme Court examined a civil appeal concerning a decree that granted a perpetual injunction against the appellant and a second defendant in a land dispute. The decree against the second defendant had become final because he did not contest it, while the appellant appealed the decree. The Allahabad High Court dism…
THE STATE OF HARYANA AND ORS.versusRAM KUMAR MANN
1997 INSC 17520 February 1997Appeal(s) allowed
The respondent, a Smallpox Supervisor in the Haryana Health Department, resigned to contest state assembly elections and his resignation was accepted. After losing the election, he applied to withdraw his resignation, but the application was rejected, leading him to file a writ petition. The Punjab & Haryana High Court…
SMT. KAMESHWARI DEVI @ KALESHWARI DEVIversusSMT. BARHANI (DEAD) BY LRS. AND ORS.
1997 INSC 17620 February 1997Dismissed
The appellant, Kameshwari Devi, was a minor when a partition suit (Suit No. 178/57) was filed in 1957 concerning the estate of her father, Bigan Kumhar. A court‑appointed guardian represented her, and the suit resulted in a decree granting a 1/42 share to each branch, based on a registered partition deed (Phatbandi). A…
SATISH KUMARversusZARIF AHMED AND ORS.
1997 INSC 17720 February 1997Appeal(s) allowed
The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease deed could not be a…
CHERIYAN SOSAMMA AND ORS.versusSUNDARESAN PILLAI SARASWATHY AMMA AND ORS.
1999 INSC 1620 January 1999Case Partly allowed
The plaintiff, Cheriyan Sosamma, held a usufructuary mortgage over a property that had earlier been leased to her husband Abraham Cherian. After the husband's death, the landlord sought redemption of the mortgage, claiming that the lease merged with the mortgage and thus the lessee's rights were extinguished. The Supre…
ORIENTAL INSURANCE CO. LTD.versusSONY CHERIAYAN
1999 INSC 34419 August 1999Appeal(s) allowed
The appellant insurer issued a policy that covered only goods permissible under the Motor Vehicles Act, 1988. The respondent was transporting 15 barrels of ether solvent, which the Court held to be synonymous with ethyl ether, a hazardous substance listed in Table III of Rule 137, Central Motor Vehicles Rules, 1989. Th…
STATE OF U.P.versusGIRIJA SHANKAR SONAKIYA
1998 INSC 31419 August 1998Case Allowed
The respondent, G.S. Sonakiya, was appointed as an ad hoc Assistant Engineer in the Uttar Pradesh Public Works Department. During his service he had an adverse entry for 1976-77, his integrity for that year was withheld, and it was discovered that he had altered his High School Certificate to reduce his age by two year…
HIGH COURT OF JUDICATURE FOR RAJASTHANversusRAMESH CHAND PALIWAL AND ANR.
1998 INSC 10519 February 1998Appeal(s) allowed
The appellant, the Rajasthan High Court, appealed a Supreme Court judgment that had set aside a direction issued by two of its judges ordering the Registrar to prepare a report on whether posts filled by officers of the Rajasthan Judicial Service on deputation could be manned by High Court staff. The petition originate…
MD. ALIMUDDINversusWAIZUDDIN AND ANR.
1997 INSC 15919 February 1997Dismissed
The case concerned a decree for specific performance granted in 1982, which became final after the Supreme Court dismissed a Special Leave Petition. The trial court had directed the respondents to deposit Rs. 500 and execute a sale deed by June 7, 1982, and later extended the time for compliance on August 20, 1982, not…
M/S. ASHOK CATERERSversusMUNICIPAL CORPORATION OF GREATER BOMBAY (BEST UNDERTAKING)
1997 INSC 16019 February 1997Dismissed
The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction proceedings under S…
SMT. BULAKI (DEAD) BY LRS.versusLAL DHAR AND ORS.
1997 INSC 16119 February 1997Appeal(s) allowed
Bechan, a bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950, executed three gift deeds in favour of his stepson Laldhar—two in June 1951 and one on 18 November 1957. The first two gifts were challenged on the ground that permission for alienation was not properly obtained, but the court held that t…
S.S. DAYANANDAversusK.S. NAGESH RAO AND ORS.
1997 INSC 16219 February 1997Dismissed
The respondent obtained a decree for Rs. 3,825.85 and his property was sold on December 18, 1978; the petitioner bought it for Rs. 67,000. The respondent filed an application under Order XXI, Rule 90 of the CPC to set aside the sale, which the executing court dismissed. On appeal, the appellate court set aside the sale…
RAMBIR DAS AND ANR.versusKALYAN DAS AND ANR.
1997 INSC 16319 February 1997
The case concerned the succession to the shebaitship of the Shri Jugal Kishoreji Maharaj Mandir founded by Hari Dass. After the founder's death, his four chelas were nominated but none exercised the power to appoint a successor. The last serving chela, Bansi Dass, executed a will nominating Rambir Das and his brother a…
U.P. STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD.versusCHANDRA BHAN DUBEY AND ORS.
1998 INSC 48918 December 1998Appeal(s) allowed
The Supreme Court examined three disciplinary dismissals of employees of the Uttar Pradesh State Co‑operative Land Development Bank Ltd. (the Bank). The High Court had held that the Bank was not an "authority" under Article 12 and that the dismissals violated natural‑justice rules, setting aside the orders. The Supreme…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1998 INSC 49218 December 1998Disposed off
The Supreme Court had ordered the closure of 168 industries, including Birla Textiles, and prescribed that workmen would retain continuity of service and receive full wages until the industries restarted at a new location. The management decided to relocate to Baddi, Himachal Pradesh, and issued several notices requiri…
RAFAT ALIversusSUGNI BAI AND ORS.
1998 INSC 43418 November 1998Appeal(s) allowed
The appellant, Rafat Ali, leased premises from the respondents, Sugni Bai and heirs, who later sought eviction under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 on three grounds: rent default, waste causing damage, and nuisance. Both the Rent Control Court and the Appellate Authority found…
KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY
1995 INSC 63318 October 1995Appeal(s) allowed
Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central Administrative Tribunal…
M/S STYLE (DRESS LAND) ETC. ETC.versusUNION TERRITORY,CHANDIGARH AND ANR.
1999 INSC 34118 August 1999Case Partly allowed
The appellants, shop‑keepers leasing commercial premises in Chandigarh, challenged a steep increase in rent from Rs.2,671 to Rs.14,000 per month, arguing that the Union Territory lacked jurisdiction because the Central Government had not framed rules under the Capital of Punjab (Development and Regulation) Act, 1952. T…
KUNJ BEHARI LAL BUTAIL AND ORS.versusSTATE OF HIMACHAL PRADESH AND ORS.
2000 INSC 8818 February 2000
The Himachal Pradesh Ceiling on Land Holdings Act, 1972 exempts tea estates from its provisions. Under Section 26 the State Government framed rules in 1973, and in 1986 added a proviso to Rule 3 prohibiting transfer of land subservient to tea plantations without government permission. A 1990 circular further directed r…
TAMIL NADU ELECTRICITY BOARDversusM/S. BRIDGE TUNNEL CONSTRUCTIONS AND ORS.
1997 INSC 15518 February 1997Appeal(s) allowed
The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and appointed a sole arbit…
KULDEEP SINGHversusCOMMISSIONER OF POLICE AND ORS.
1998 INSC 48417 December 1998Appeal(s) allowed
Constable Kuldeep Singh was dismissed in 1991 after a departmental enquiry found him guilty of misappropriating Rs 200 of Rs 1,000 allegedly received from a factory owner for payment to three labourers. The enquiry did not produce any of the labourers, relying instead on prior statements under Rule 16(3) of the Delhi P…
RAM SWARUP AND OTHERSversusS.N. MAIRA AND OTHERS
1998 INSC 48617 December 1998Appeal(s) allowed
The Collector, under the Punjab Security of Land Tenures Act, 1953, declared land held by Prem Nath Maira surplus in 1960 and allotted it to landless persons, who have possessed it since 1976. The Haryana Ceiling on Land Holdings Act, 1972 was amended in 1976 inserting Section 12(3), which vests such surplus lands in t…
RAM LAKHAN ETC. ETC.versusPRESIDING OFFICER AND ORS.
1999 INSC 52217 November 1999Appeal(s) allowed
The appellants, employees of Swatantra Bharat Mill, were charged and suspended in 1986 while an industrial dispute was pending before the Industrial Tribunal. The management filed an application under Section 33(1) of the Industrial Disputes Act, 1947, seeking permission to dismiss the employees after the enquiry. The …
VIDYADHARversusMANIKRAO AND ANR.
1999 INSC 11217 March 1999Appeal(s) allowed
Vidyadhar, the plaintiff, bought land from Defendant No.2 who had earlier executed a document styled "Kararkharedi" in favour of Defendant No.1, claiming it to be a mortgage by conditional sale. The plaintiff sued for redemption of that mortgage or specific performance, while Defendant No.1 contended that the document …
K LEELAVATHY BAI AND ORS.versusP.V. GANGADHARAN AND ORS.
1999 INSC 11317 March 1999Dismissed
The testator S.P. Sadanandan bequeathed specific property to his two sons and appointed his wife, elder son and a chartered accountant as executors. After the chartered accountant relinquished, the widow and elder son remained as joint executors and obtained probate. The elder son executed a possessory mortgage of the …
RAMJI PATEL AND ORS.versusNAGRLK UPBHOKTA MARG DARSHAK MANCH AND ORS.
2000 INSC 8417 February 2000
The Supreme Court heard Special Leave Petitions filed by dairy owners (including Ramji Patel) who had set up dairies in the villages of Lalpur and Gwarighat, which were earlier listed as "excepted villages" under the Madhya Pradesh Cattle (Control) Act, 1978. The petitioners argued that a municipal resolution dated 21‑…
MONOTOSH KUMAR MITRA (DEAD) BY LRS.versusAMRENDRANATH SHAW (DEAD) AND ORS.
2000 INSC 8617 February 2000
In a mortgage suit, a preliminary decree dated 18 November 1968 ordered the defendants to pay Rs.24,000 in four annual instalments, with the first instalment due on 31 March 1969. The decree allowed the plaintiff to apply for a final decree for sale of the mortgaged property upon any default, subject to Section 34 of t…
STATE MINERAL DEVELOPMENT CORPORATION LTD. AND ANR. ETC.versusVIJA Y KUMAR UPADHYA Y AND ANR. ETC.
1997 INSC 3617 January 1997Dismissed
The respondents, who had been appointed on an ad‑hoc basis, filed writ petitions challenging their retrenchment. The Allahabad High Court set aside the retrenchment orders and directed regularisation of their services, a decision later confirmed by the Supreme Court on May 10, 1991. The corporation appealed, arguing th…
MR. SANTOSH KUMAR VERMA AND ORS.versusSTATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA AND ORS.
1997 INSC 3717 January 1997Dismissed
The appellants were appointed as Assistant Engineers on daily wages and later placed on a regular pay scale under Section 6(3) of the Bihar Regional Development Authority Act, 1981. The Authority sought to regularise their services, but the Government referred the matter to the Public Service Commission, which did not …
STATE OF UP & ORS ETCversusSRI LAXMAN RICE MILLS AND ORS. ETC.
1997 INSC 3817 January 1997Disposed off
The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the millers. The State argue…
STATE OF PUNJAB AND ORS.versusHARNAM SINGH AND ORS.
1997 INSC 3917 January 1997Appeal(s) allowed
The case concerned teachers who were employed by District Boards and Zilla Parishads in Punjab and whose schools were taken over by the Government of Punjab in 1957‑58. The deed of takeover stipulated that the government was under no obligation to retain the existing staff and that any staff taken on would be treated a…
DEVA RAM AND ANR.versusISHWAR CHAND AND ANR.
1995 INSC 62716 October 1995
The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court dismissed it as barred by…
YOGINATH D. BAGDEversusSTATE OF MAHARASHTRA AND ANR.
1999 INSC 41416 September 1999Appeal(s) allowed
Y.D. Bagde, a judicial officer of the Maharashtra subordinate judiciary, was charged with corrupt practices and an enquiry officer found the charges not proved, recommending reinstatement. The High Court's Disciplinary Committee disagreed, issued a show‑cause notice and recommended dismissal without giving Bagde a hear…
MOOL CHAND AND ORSversusDY. DIRECTOR, CONSOLIDATION AND ORS
1995 INSC 46616 August 1995
The Supreme Court considered two civil appeals arising from partition suits that were pending when a village was notified for consolidation under the Uttar Pradesh Consolidation of Holdings Act, 1967. The appellants argued that the notification and the resulting abatement under Section 5(2) of the Act nullified both th…
KONDIBA DAGADU KADAMversusSAVITRIBAL SOPAN GUJAR AND ORS.
1999 INSC 19216 April 1999Appeal(s) allowed
Kondiba Dagadu Kadam filed a suit for specific performance of a sale agreement which was dismissed by the trial court. The first appellate court reversed the dismissal, relying on two attesting witnesses who testified that the agreement was executed by thumb impression. The High Court, on a second appeal, re‑appraised …
ISWAR BHAI C. PATEL@ BACHU BHAI PATELversusHARIHAR BEHARA AND ANR.
1999 INSC 10616 March 1999Dismissed
The plaintiff, a registered money lender, sued the appellant and his father (defendant 2) for recovery of a loan advanced through a cheque drawn on the plaintiff’s bank account. The trial court decreed only against the father, holding that the appellant had not approached the plaintiff and that the father was not his a…
BABU VERGHESE AND ORS.versusBAR COUNCIL OF KERALA AND ORS.
1999 INSC 10816 March 1999Appeal(s) allowed
The Kerala Bar Council’s five‑year term expired on 27 January 1997. It sought a six‑month extension from the Bar Council of India (BCI), which circulated a resolution under Rule 6 of the BCI Rules on 13 January 1997. Only four of the eighteen BCI members approved before the expiry, falling short of the required majorit…
RESHMU AND ORS.versusRAJINDER SINGH AND ORS.
2000 INSC 7816 February 2000Appeal(s) allowed
The land was jointly owned by Nand Lal and Bassia; Bassia sold his undivided share to three persons. Suram Singh, son of the other joint owner, filed a pre-emption suit which was decreed in his favour and he deposited the required amount. He later sued the purchasers' successors for a declaration of ownership, and the …
STATE OF PUNJAB AND A.L\IR.versusJL. GUPTA AND ORS. ETC. ETC.
2000 INSC 8016 February 2000Appeal(s) allowed
The respondents, former employees of the State of Punjab who retired before 31 March 1985, sought higher pensionary benefits based on a Government of Punjab notification dated 9 July 1985 that granted enhanced dearness allowance and related benefits to employees retiring on or after that date. The Punjab & Haryana High…
HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRARversusSARNAM SINGH AND ANR.
1999 INSC 56215 December 1999Appeal(s) allowed
The respondent, a subordinate judicial officer in Uttar Pradesh, was compulsorily retired at age 58 on the basis of an adverse remark recorded by an Inspecting Judge. He challenged the retirement, arguing that the Uttar Pradesh Judicial Officers (Retirement on Superannuation) Rules, 1992—framed under Article 309 of the…
DWIJEN CHANDRA SARKAR AND ANR.versusUNION OF INDIA AND ANR.
1998 INSC 48215 December 1998Appeal(s) allowed
The appellants, two lower‑division clerks, were transferred in 1976 from the Rehabilitation Department to the Posts & Telegraph (P&T) Department in public interest. Their transfer orders stated that past service would be counted for all purposes except seniority. Under the P&T time‑bound promotion scheme, officials who…
WELFARE ASSOCIATION OF ABSORBED CENTRAL GOVERNMENT EMPLOYEES IN PUBLIC ENTERPRISES AND ORS. ETCversusUNION OF INDIA AND ANR.
1995 INSC 90215 December 1995Case Allowed
The Government absorbed central civil servants into public enterprises and offered them retirement benefits, including the option to commute one‑third of their pension or, in some cases, the entire pension. Petitioners who had commuted the full pension were denied the restoration of the one‑third commuted portion under…
KARTIK MALHARversusSTATE OF BIHAR
1995 INSC 73515 November 1995Dismissed
Kartik Malhar was convicted of murder under Section 302 IPC and sentenced to life imprisonment based primarily on the testimony of Fulmani, the widow of the deceased, after two other eye‑witnesses turned hostile. The appellant argued that a conviction could not rest on a single, highly interested witness and that the l…
MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.
1995 INSC 73615 November 1995Disposed off
Mrs. Paramjit Kaur filed a habeas corpus petition under Article 32 of the Constitution alleging that her husband, Jaswant Singh Khalra, a human‑rights activist, was abducted by persons in police uniforms in broad daylight in Amritsar. The petition also highlighted serious allegations that the Punjab police had been cre…
SRI SANGAPPA KALYANAPPA BANGI (DEAD) THROUGH LRS.versusLAND TRIBUNAL, JAMKHANDI AND ORS.
1998 INSC 36315 September 1998Dismissed
Sangappa Kalyanappa Bangi, a tenant, applied for occupancy rights under Section 45 of the Karnataka Land Reforms Act, 1961. While the proceedings were pending, he executed a will bequeathing his tenancy rights to a third party, and later died. The Land Tribunal and the Appellate Authority held that the tenant's wife an…
FEDERATION OF CUSTOMS HOUSE AGENTS ASSOCIATION AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.
1999 INSC 27615 July 1999Appeal(s) allowed
The Federation of Customs House Agents Association and others filed a writ petition challenging Regulation 8 of the Customs House Agents Licensing Regulations, 1984, which permitted the grant of a temporary licence to act as a customs house agent without first passing the qualifying examination required under earlier r…
U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusMAHESH KUMAR MISHRA AND ORS.
2000 INSC 14315 March 2000Dismissed
A bus conductor was dismissed after a departmental inquiry found him guilty of issuing short‑distance tickets to eleven passengers. The dismissal was challenged before the U.P. State Public Services Tribunal, which upheld it, and subsequently before the Allahabad High Court, which reinstated the conductor with only 25%…
KHARAITI LALversusRAMINDER KAUR AND ORS.
2000 INSC 14415 March 2000Appeal(s) allowed
The appellant mortgaged an industrial plot and failed to deposit the decree amount, leading to a foreclosure suit and auction of the property. The auction sale was confirmed by the trial court, but the appellant challenged it under Order 21 Rule 90 and later deposited amounts during the pendency of appeals, claiming pr…
U.P. STATE ROAD TRANSPORT CORPORATIONversusSUBHASH CHANDRA SHARMA AND ORS.
2000 INSC 14515 March 2000Appeal(s) allowed
The U.P. State Road Transport Corporation removed driver Subhash Chandra Sharma from service for a serious misconduct involving intimidation of an assistant cashier while intoxicated. The Labour Court, after finding the departmental inquiry valid, substituted the removal with a lesser penalty of one wage‑increment stop…
S.K.G SUGAR LTD.versusSTATE OF BIHAR AND ORS.
1997 INSC 2915 January 1997Dismissed
S.K.G. Sugar Ltd., a sugar factory with a reserved area under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, paid the Central Government‑fixed minimum price of Rs.13.92 per quintal for sugarcane as prescribed in the Sugarcane (Control) Order, 1966. The State Government, acting in its statutory capac…
DR. K. RAMULU AND ANR. ETC.versusDR. S. SURYAPRAKASH RAO AND ORS.
1997 INSC 3015 January 1997Appeal(s) allowed
The respondent, a Veterinary Assistant Surgeon in the Andhra Pradesh Animal Husbandry Department, filed an application seeking a promotion panel for the post of Assistant Director under the then‑applicable Rule 4 of the A.P. Subordinate Service Rules. The Andhra Pradesh Administrative Tribunal directed the Government t…
SARDAR MOHAR SINGH THROUGH POWER OF ATTORNEY HOLDER, MANJIT SINGHversusMANGILAL @ MANGTYA
1997 INSC 3115 January 1997Dismissed
The petitioner entered into a contract to sell agricultural land to the respondent, who defaulted, leading to a decree for specific performance directing the respondent to pay earnest money and damages within three months. After a delay of about seven and a half years, the respondent applied to rescind the decree and s…
REGIONAL PROVIDENT FUND COMMISSIONERversusSHIV KUMAR JOSHI
1999 INSC 55814 December 1999Dismissed
Shiv Kumar Joshi, a member of the Employees' Provident Fund Scheme, complained before the District Consumer Forum that the Regional Provident Fund Commissioner delayed payment of his provident fund, alleging deficiency in service. The Commissioner appealed, arguing that the scheme was not a "service" under the Consumer…
BHARAT PETROLEUM CORPORATION LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.
1998 INSC 47814 December 1998Appeal(s) allowed
Bharat Petroleum Corporation Ltd. submitted draft standing orders for certification under the Industrial Employment (Standing Orders) Act, 1946. The draft was partially certified, and the clause on representation of a workman in disciplinary proceedings was left unmodified, thereby retaining the Model Standing Orders p…
AJAY JADHAVversusGOVERNMENT OF GOA AND ORS.
1999 INSC 39914 September 1999Appeal(s) allowed
The appellant, a full‑time vocational teacher, was appointed in June 1990 with the pay‑scale of Rs.1640‑2900 but was subsequently placed on a lower scale of Rs.1400‑2600 by the Directorate of Education. He challenged this denial, arguing that he possessed the requisite qualifications and that similarly situated teacher…
TULIP PARK CO-OPERATIVE HOUSING SOCIETY LTD .versusM/S. SAIOVERSEAS IMPORT AND EXPORT
1999 INSC 40014 September 1999Dismissed
Tulip Park Co‑operative Housing Society Ltd filed a complaint before the National Consumer Disputes Redressal Commission under the Consumer Protection Act, 1986, alleging that the builder, SAi Overseas Import and Export, delivered only 29,788.34 sq ft of saleable area instead of the 34,361 sq ft stipulated in their agr…
THE INDUSTRIAL CREDIT AND INVESTMENT CORPORATION OF INDIA LTD.versusGRAPCO INDUSTRIES LTD. AND ORS.
1999 INSC 26414 May 1999Disposed off
ICICI filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 seeking recovery of about Rs 36.5 crore from Grapco Industries Ltd. and others. The Debts Recovery Tribunal, on the same day, issued an ex‑parte injunction restraining the respondents from alienating h…
NIRMALA JAGDISHCHANDRA KABRAversusTHE TRANSPORT COMMISSIONER AND ORS.
1997 INSC 14414 February 1997Dismissed
Petitioner Nirmala Jagdishchandra Kabra held a contract carriage permit but was alleged to be operating the vehicle as a stage carriage by collecting individual fares, violating the permit conditions. The Motor Vehicle Inspector seized and detained the vehicle under Section 207(1) of the Motor Vehicles Act, 1988. Kabra…
CALCUTTA MUNICIPAL CORPORATION AND ANR.versusSUJIT BARAN MUKHERJEE AND ORS. ETC.
1997 INSC 14514 February 1997Appeal(s) allowed
The respondents, all junior copyists appointed on the same day, sought parity of pay with a colleague, Shankar Bose, who had been transferred to the Secretariat Department and received a special overtime allowance of Rs. 50, which later merged into his revised pay scale, giving him a higher salary than his seniors. The…
UNION TERRITORY, CHANDIGARH ADMN. AND ORS.versusMANAGING SOCIETY, GOSWAMI, GDSDC
1996 INSC 24214 February 1996Appeal(s) allowed
The Chandigarh Administration allotted 10.5 acres of land to the managing society for 99 years in 1975, fixing the ground rent at Rs 100 per acre per annum, which was lower than the rate mandated by Rule 13 of the Chandigarh Lease‑hold of Sites and Buildings Rules, 1973. In 1991 the Estate Officer issued a notice deman…
PUTTU LAL (DEAD) BY LRS.versusSTATE OF U.P. AND ANR.
1996 INSC 24714 February 1996Dismissed
The land originally owned by Smt. Kokilla was acquired by the State under the Land Acquisition Act, 1894, with a notification on 15 April 1928 and a declaration on 28 July 1928 for a public purpose. Compensation was paid and, under Section 16 of the Act, the land vested in the State free of all encumbrances, extinguish…
SAHADU BALA BOTRE (DEAD) BY LRS. AND ANR.versusNAMDEO BAPUJI KERALA (DEAD) BY LRS. AND ORS.
1996 INSC 24814 February 1996Dismissed
The appellant purchased an undivided interest in a 106‑acre parcel where the respondent was the tenant in actual possession. A revenue forum initially held both parties to be tenants in common, but a later appellate order declared the appellant not to be a tenant, making the respondent the sole tenant. The appellant so…
BALMOKAND KHATRI EDUCATIONAL AND INDUSTRIALTRUST, AMRITSARversusSTATE OF PUNJAB AND ORS.
1996 INSC 24914 February 1996Dismissed
The Balmokand Khatri Educational and Industrial Trust challenged the acquisition of its land by the State of Punjab, arguing that the government illegally dispensed with the enquiry required under Section 5-A of the Land Acquisition Act, 1894 by invoking the urgency clause in Section 17(4) for the purpose of providing …
J.R. JANI AND ORS.versusAHMED EBRAHIM OF RANGOON
1996 INSC 25014 February 1996Appeal(s) allowed
The case concerned a claim by Ahmed Ebrahim, a Burmese citizen, that he had purchased six lakh shares of Khatiawad Industries Ltd., a company declared an evacuee property in 1959, and that the declaration was illegal because notice under Section 7 read with Rule 6 of the Administration of Evacuee Property Act, 1950, ha…
THE STEEL AUTHORITY OF INDIA AND ORS.versusNEW MARINE COAL CO. (PVT.) LTD.
1996 INSC 25114 February 1996Appeal(s) allowed
The Steel Authority of India sued New Marine Coal Co. to recover Rs 1,13,000 for coal supplied under an agreement that required Grade‑I coal between Dec 1962 and June 1967. Instead, Grade‑II coal was delivered but the plaintiff collected the price of Grade‑I, and the contract contained a clause permitting adjustment of…
SANT SINGHversusTHE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.
1996 INSC 25214 February 1996Dismissed
Sant Singh appealed against a notice issued under Section 5 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, contending that a sale of 10 acres 33 cents to his minor daughter before the appointed day (24 January 1971) and a transfer of 13.47 acres to a private temple after that date should be excluded from…
ABDUL QADIR (DEAD) BY LRS.versusSMT. MAIMOONA KHATOON (DEAD) BY LRS. AND ORS.
1996 INSC 25314 February 1996Dismissed
Abdul Qadir, as successor of an evacuee property declared under the Custodian of Evacuee Property Act, 1950, claimed adverse possession over land and sought to be recorded as sirdar and bhumidar in two khatas. The Consolidation Officer and Settlement Officer initially upheld his claim, but the Deputy Director reversed,…
RAGHUNATHversusPOPAT LAL AND ORS.
1996 INSC 25414 February 1996Appeal(s) allowed
The land originally owned by Lilachand Bhandari was hypothecated to Hirachand in 1942. Hirachand leased the land to respondents No.2 and No.3 in 1947‑48, making them tenants under the Bombay Tenancy and Agricultural Lands Act, 1948. Respondent No.2 purchased the equity of redemption on 27 December 1949, thereby becomin…
DR. ASHOK KUMAR MAHESHWARIversusSTATE OF U.P. AND ANR.
1998 INSC 2114 January 1998Dismissed
Dr. Ashok Kumar Maheshwari, a Demonstrator in the Pharmacy Department of a Government Medical College, filed a writ petition with five colleagues seeking that at least fifty percent of Lecturer posts be filled by promotion of Demonstrators, relying on an alleged promise by the Uttar Pradesh State Government and the Dir…
SHRI A.B. KRISHNAversusTHE STATE OF KARNATAKA AND ORS.
1998 INSC 2214 January 1998Dismissed
The State of Karnataka, under Section 39 of the Mysore Fire Force Act, 1964, framed special recruitment rules requiring a qualifying examination for promotion to Leading Fireman. Later, the Government adopted a policy of seniority‑cum‑merit promotion and amended the Karnataka Civil Services (General Recruitment) Rules,…
ASHOK KUMAR UPPAL AND ORS.versusSTATE OF J&K AND ORS.
1998 INSC 2314 January 1998
The appellants, permanent Junior Scale Stenographers, sought promotion to Senior Scale Stenographer. Only six candidates qualified a prescribed test, but the State Recruitment Board recommended an additional 26 candidates whose performance was nearest to the standard. The Government initially did not act, later amended…
STATE OF KARNATAKAversusARUN KUMAR AGARWAL AND ORS.
1999 INSC 55513 December 1999Case Partly allowed
Arun Kumar Agarwal and others filed a writ petition in the Karnataka High Court seeking the cancellation of a 1,000 MW thermal power project at Mangalore and the registration of a FIR for alleged corruption. The High Court, without detailed analysis, directed the CBI to investigate based on thirteen points of alleged s…
MAHABIR PRASAD SINGHversusM/S JACKS AVIATION PVT. LTD.
1998 INSC 42613 November 1998Appeal(s) allowed
Mahabir Prasad Singh filed a civil suit for recovery of possession before the Additional District Judge, Delhi. The respondent, Jacks Aviation Pvt. Ltd., sought a suo motu transfer of the case because its counsel was boycotting the court under a Bar Association resolution, but the trial judge dismissed the transfer app…
RAM UJAREYversusUNION OF INDIA
1998 INSC 42713 November 1998Appeal(s) allowed
Ramujarey, a railway employee appointed as Khalasi in 1964 and later promoted to Semi‑Skilled and Skilled Fitter after passing trade tests, was reverted by an order dated 18‑April‑1980 to the post of Khalasi. He challenged the reversion in a regular suit, which was decreed in his favour, and subsequently filed a claim …
SOPHIA GULAM MOHD. BHAMversusSTATE OF MAHARASHTRA AND ORS.
1999 INSC 32713 August 1999Appeal(s) allowed
The appellant, sister of Bham Faisal Gulam Mohammed, filed a habeas corpus petition challenging his preventive detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu was arrested for attempting to smuggle diamonds and was supplied with grounds o…
RAIS AHMADversusSTATE OF U.P. AND ORS.
1999 INSC 32813 August 1999Appeal(s) allowed
The appellant, Rais Ahmad, filed a writ petition under Article 226 before the Allahabad High Court. His counsel had obtained leave of absence from the Chief Justice on the ground of illness up to 23 April 1996 and sent an illness slip for the hearing scheduled on 24 April 1996, but the slip was not brought to the notic…
NAGPUR IMPROVEMENT TRUSTversusYADAORAO JAGANNATH KUMBHARA AND 10 ORS.
1999 INSC 33013 August 1999Appeal(s) allowed
The Nagpur Improvement Trust appointed and promoted several employees to the post of Assistant Engineer (Civil) despite the State Government not having framed any rules under Section 21 of the Nagpur Improvement Trust Act, 1936 prescribing conditions for such appointments. The Bombay High Court quashed the promotions, …
SHAMBHU MURARI SINHAversusPROJECT AND DEVELOPMENT INDIA AND ANR
2000 INSC 21713 April 2000Appeal(s) allowed
The appellant, a government employee, applied for voluntary retirement under a scheme and his request was accepted by the employer on 30 July 1997, but he was not relieved from service until 26 September 1997. Before being relieved, he sent a letter on 7 August 1997 withdrawing his retirement request, which the employe…
S.M JAHUBAR SATHIKversusSTATE OF TAMIL NADU AND ORS.
1999 INSC 18213 April 1999Appeal(s) allowed
The appellant, S.M. Jahubar Sa Thik, was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 4 November 1997 and a declaration under Section 9(1) was made on 27 November 1997. He filed a writ petition under Article 226 of the Constitution challengin…