MISS LENA KHANversusUNION OF INDIA & ORS.
1987 INSC 8930 March 1987Dismissed
Lena Khan, a Deputy Chief Air Hostess of Air India, challenged the airline's retirement policy that required Indian‑origin air hostesses to retire at 35 (extendable to 45) while foreign‑origin hostesses could serve beyond 45, alleging violations of Articles 14 and 15 of the Constitution. The petition also raised whethe…
STATE OF BIHAR ETC. ETC.versusKRIPALU SHANKER ETC. ETC.
1987 INSC 13128 April 1987Appeal(s) allowed
The case arose from a dispute over an ad‑hoc appointment of a Public Relations Officer in the Bihar Irrigation Department. The Patna High Court, in a 1983 order, directed that the post be filled regularly within six months or the ad‑hoc appointment would terminate. The State continued the ad‑hoc appointment, leading th…
SHAMMA BHATT & ORS.versusT. RAMAKRISHNA BHATT
1987 INSC 8527 March 1987Dismissed
The appellants' father bought property from the minor's mother (guardian) in 1939. After the minor attained majority, he sued to set aside the sale and recover possession. The trial and appellate courts dismissed his suit, but the Kerala High Court set aside those judgments, ordering the respondent to pay the sale pric…
MAHESH S/O. RAM NARAIN ETC.versusSTATE OF MADHYA PRADESH
1987 INSC 8627 March 1987Dismissed
The appellants, Ram Narayan and his son Mahesh, were convicted of murdering five persons in Madhya Pradesh in 1984. The murders were allegedly motivated by the marriage of a higher‑caste woman to a Harijan man, leading the accused to commit a series of brutal axe killings, including a neighbour and a 14‑year‑old girl. …
KEWAL RAMversusSMT. RAM LUBHAI & ORS. AND VICE VERSA
1987 INSC 8326 March 1987Dismissed
Smt. Ram Lubhai, a minor daughter of the vendor, sued three brothers for possession of land on the basis of a pre-emption right. Only one brother, Kewal Ram, was served; the other two brothers were served by substituted service and a decree was passed ex parte against them. The brothers appealed, but were not properly …
KEWAL RAMversusSMT. RAM LUBHAI & ORS. AND VICE VERSA
1987 INSC 8426 March 1987Dismissed
The Supreme Court considered two appeals arising from the same suit. In the first appeal (Kewal Ram v. Ram Lubhai) the Court examined whether an application under Order IX Rule 13 of the CPC could be filed in the trial court to set aside an ex‑parte decree against defendants who had never been served, even though an ap…
MAJ. GENL. A.S. GAURAYA & ANR.versusS.N. THAKUR AND ANR.
1986 INSC 9325 April 1986Appeal(s) allowed
The petitioners were accused in a complaint under the Mines Act, 1952 and the Metalliferous Mines Regulation, 1961. The Judicial Magistrate dismissed the complaint for default on 6 January 1972, but later restored it on 20 January 1972 upon the complainant's application. The accused argued that the magistrate had becom…
SMT. MARY OOMMENversusMANAGER, M.G.M. HIGH SCHOOL, KURUPPAMPADDY, KERALA & ORS.
1987 INSC 6325 February 1987Appeal(s) allowed
The appellant, a qualified Social Studies teacher, had worked in two temporary vacancies at M.G.M. High School in 1970. When a permanent vacancy arose in 1971, the school manager appointed another teacher who had worked later in a different temporary vacancy. The appellant claimed a preferential right under Rule 51(A) …
CANARA BANKversusCANARA SALES CORPORATION & ORS
1987 INSC 12522 April 1987Dismissed
Canara Sales Corporation held a current account with Canara Bank. The company's chief accounts officer fraudulently withdrew Rs.3,26,047.92 using 42 forged cheques. The company sued the bank to recover the amounts, alleging the cheques were unauthorized and that the bank could not rely on the company's alleged negligen…
RAMCHANDRA GOVERDHAN PANDITversusCHARITY COMMISSIONER OF STATE OF GUJARAT
1987 INSC 11921 April 1987Dismissed
Ramchandra Govardhan Pandit challenged a decision of the Charity Commissioner that his properties were a public trust. After the Commissioner’s order was dismissed by the Commissioner and the City Civil Court under Section 72 of the Bombay Public Trusts Act, 1950, Pandit appealed to the Gujarat High Court, which dismis…
UNITED BANK OF INDIAversusSMT. KANAN BALA DEVI & ORS.
1987 INSC 12021 April 1987Appeal(s) allowed
United Bank of India sued Ramesh Chandra Roy Choudhury for recovery of an overdraft. The defendant died in 1960, and his widow informed a different branch of the bank of his death. The suit, filed by the Royal Exchange Branch, continued, and eight years later the bank applied to implead the deceased's legal representat…
DELHI POLICE NON-GAZETTED KARMCHARI SANGH & ORS.versusUNION OF INDIA & ORS.
1986 INSC 24720 November 1986Dismissed
The Delhi Police Non‑Gazetted Karmachari Sangh, formed by non‑gazetted police officers, obtained government recognition under the Police Force (Restriction of Rights) Act, 1966 and its Rules. The 1970 amendment to the Rules and a 1971 circular withdrew that recognition and imposed rank‑based restrictions on membership.…
V. SRIDHARAN NAIRversusSTATE OF KERALA & ORS.
1986 INSC 19419 September 1986Case Allowed
The petitioner, a laboratory attendant deputed to the City Improvement Trust, had his deputation extended until 31-10-66 with a clear notice that no further extension would be granted. He later sought to remain in the Trust, but no order was issued. After the Trust merged with the Kerala State Housing Board, the Direct…
PATHUMMAversusMUHAMMAD
1986 INSC 8717 April 1986Disposed off
The appellants, Pathumma and her minor daughter Sulekha, filed an application under section 125 of the CrPC seeking maintenance from Muhammad, alleging that they were his wife and illegitimate child. The trial magistrate held that no marriage existed but that Sulekha was Muhammad’s illegitimate child and ordered mainte…
PATHUMMA AND ANRversusMOHAMMAD
1986 INSC 8817 April 1986Appeal(s) allowed
The appellants filed a Section 125 CrPC application for maintenance, claiming that the respondent was their husband and that their minor daughter was his illegitimate child. The Judicial Magistrate held that the marriage was not proved, but that the child was illegitimate and ordered maintenance of Rs.25 per month. The…
STATE OF U.P.versusNIYAMAT & ORS.
1987 INSC 10914 April 1987Dismissed
The respondents, led by Niyamat, attempted to rescue a suspect, Dharampuri, who had been taken into police custody. When constable Gauri Shanker fired three shots, the respondents perceived a reasonable threat of death or grievous injury and assaulted the constables, snatching a gun and cartridges, during which the inf…
KANSA BEHERAversusSTATE OF ORISSA
1987 INSC 10412 April 1987Appeal(s) allowed
The appellant Kansa Behera was charged with the murder of Bhatal Majhi, who was found dead with his throat cut after a land dispute with another accused, Jitrai Majhi. The prosecution relied on three pieces of circumstantial evidence: the appellant was seen with the deceased on the evening before the murder, blood‑stai…
JAI MAHAVIR CO-OPERATIVE HOUSING SOCIETY LTD.versusPANCHAL KESHAVLAL NARBHERAM & ORS.
1987 INSC 10210 April 1987Dismissed
The JAI MAHAVIR Co‑operative Housing Society expelled a founding member, Panchal Keshavlal Narbheram, and the expulsion was approved by the Registrar under Section 36 of the Gujarat Co‑operative Societies Act, 1961. Panchal filed a petition under Section 96(1) to set aside the resolution; the Registrar referred the dis…
RAMESH LAXMAN PARDESHIversusSTATE OF MAHARASHTRA
1987 INSC 10310 April 1987Appeal(s) allowed
Ramesh Laxman Pardeshi and others were convicted of murder (s.302 IPC) for stabbing Sheroo Lala after a heated verbal exchange near Badshah's hand‑cart. The appellant argued that the stabbing was done in the heat of passion, provoked by vulgar words, without pre‑meditation or intention to cause death, and that the appr…
BINOD MILLS CO. LTD, UJJAIN (M.P.)versusSURESH CHANDRA MAHAVEER PRASAD MANTRI, BOMBAY
1987 INSC 1526 May 1987Appeal(s) allowed
Binod Mills, a textile undertaking in Ujjain, was declared a relief undertaking under the Madhya Pradesh Sahayata Upkram (Vishesh Upbandh) Adhiniyam, 1978, with protection until 15‑Nov‑1987. The respondent obtained an ex‑parte decree for a monetary sum in the Bombay High Court and had it transferred to the District Jud…
S.P. SAMPATH KUMARversusUNION OF INDIA & ORS.
1987 INSC 1475 May 1987Disposed off
The Supreme Court clarified the procedure for appointing members of Administrative Tribunals under the Administrative Tribunals Act, 1985. It held that recruitment to the Central Administrative Tribunal must be overseen by a High‑Powered Selection Committee headed by a sitting Supreme Court judge nominated by the Chief…
GAYA PRASADversusSURENDRA BAHADUR SINGH, (DEAD) BY L.RS. & ORS.
1987 INSC 715 March 1987Appeal(s) allowed
The appellant, Gaya Prasad, sued for specific performance of a 1958 agreement to sell a house that had been exempted from sale under Section 24 of the U.P. Encumbered Estates Act, 1934. The respondent‑landlord had earlier obtained an exemption for the house and a mortgage on the property had been extinguished by a mone…
BHARAT SINGHversusMANAGEMENT OF NEW DELHI TUBERCULOSIS CENTRE, JAWAHARLAL NEHRU MARG, NEW DELHI AND OTHERS
1986 INSC 624 April 1986Appeal(s) allowed
Bharat Singh, a workman dismissed in 1975, obtained a Labour Court award on 28 September 1983 directing his reinstatement and back wages. The management challenged the award by filing a writ petition in the Delhi High Court on 31 January 1984. While the writ was pending, Singh invoked Section 17‑B of the Industrial Dis…
K.P. SUBBARAMA SASTRI & ORS. ETC.versusK.S. RAGHAVAN & ORS. ETC.
1987 INSC 943 April 1987Dismissed
The respondents, subscribers to a Kuri (chit fund) in 1962, defaulted on instalment payments after receiving their prized amounts. Their bonds contained a clause that on default the entire balance would become immediately payable in a lump sum with 12% interest, without credit for any dividend. The trial court decreed …
UNION OF INDIA & ORS.versusMANOHARLAL NARANG
1987 INSC 652 March 1987Dismissed
The case concerned a notice issued under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) against Manoharlal Narang, who was a brother of Ramlal Narang, whose detention under COFEPOSA had been challenged. The Supreme Court examined whether a relative could raise f…