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Code of Civil Procedure, 1908

4176 judgments · newest first · showing 3401–3600

AJIT CHOPRAversusSADHU RAM AND ORS.

1999 INSC 514Appeal(s) allowed

The plaintiff, Ajit Chopra (through his legal representative), purchased a property in 1957 subject to pending rent‑control litigation between the vendor and the tenant, Sadhu Ram. The tenant denied any landlord‑tenant relationship and claimed title by adverse possession, leading to a fresh eviction …

MUKESH KUMAR AND ORS.versusCOL. HARBANS WARAICH AND ORS.

1999 INSC 496Dismissed

The plaintiffs, Mukesh Kumar and others, entered into an agreement with the Karta of a Hindu Undivided Family (HUF) to purchase a property, but the sale deed was not executed. One of the original defendants, Ashwani Kumar, was later transposed from the defendant side to become a plaintiff. The trial …

MAHENDRA PALversusRAM DASS MALANGER AND ORS.

1999 INSC 494Appeal(s) allowed

Mahendra Pal, a candidate of the Indian National Congress, challenged the election of R.D. Malanger, a Bharatiya Janata Party candidate, to the Himachal Pradesh Vidhan Sabha from the Kutlehar constituency. The petition alleged that 35,310 ballot papers were distributed but 35,318 were counted, …

HINDUSTAN CONSTRUCTION CO. LTD.versusSTATE OF BIHAR AND ORS.

1999 INSC 467

Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL …

SMT. KAMLESH KOHLI AND ANR.versusESCOTRAC FINANCE AND INVESTMENT LTD. AND ORS.

1999 INSC 457Dismissed

The respondents filed a summary suit under Order XXXVII of the CPC for recovery of Rs.85,62,500 based on a memorandum of agreement signed by the plaintiffs and the defendants. Defendants 1 and 2 applied for unconditional leave to defend, which was dismissed by the trial judge, while the trial judge …

U. NILANversusKANNAYYAN (DEAD) THROUGH LRS.

1999 INSC 459Dismissed

The mortgagor (respondent) had mortgaged property to the appellant and, after default, the property was auctioned and the sale was confirmed. The mortgagor filed several applications to set aside the sale and its confirmation, which were dismissed, leading to appeals before the High Court. While …

SHRI MAHABIR PRASAD JAINversusSHRI GANGA SINGH

1999 INSC 454Appeal(s) allowed

The respondent, Ganga Singh, first obtained an injunction against M.P. Jain and the Municipal Corporation and later filed a suit under Section 6 of the Specific Relief Act seeking possession of a tuck‑shop premises. The trial court, despite finding that the respondent was not a tenant of the …

RAJ KUMARversusRAMESHCHAND AND ORS.

1999 INSC 453Appeal(s) allowed

Raj Kumar, a mentally retarded owner of premises, filed an eviction petition through his father who was appointed as his guardian and next friend under Order 32, Rule 1 read with Rule 15 of the CPC. The rent‑control authority dismissed the petition and the appellant sought a civil revision. The High …

SUDERSHAN DEVI AND ANR.versusSUSHILA DEVI AND ANR.

1999 INSC 448Dismissed

The landlord Sushila Devi filed an eviction suit under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that the tenant had defaulted in rent for 33 months. The summons fixed the first hearing for 22‑Feb‑1990, but the tenant, who died …

DELHI ELECTRIC SUPPLY UNDERTAKINGversusBASANTI DEVI AND ANR.

1999 INSC 444Disposed 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 …

SHRI RAVINDER KUMAR SHARMAversusTHE STATE OF ASSAM AND ORS.

1999 INSC 398Dismissed

R.K. Sharma sued the State of Assam and two police officers for malicious prosecution, seeking pecuniary damages for rice and paddy seized and non‑pecuniary damages for pain and reputation. The trial court dismissed the suit; the Gauhati High Court allowed pecuniary damages but denied non‑pecuniary …

ALLAHABAD BANK, CALCUTTAversusRADHA KRISHNA MAITY AND ORS.

1999 INSC 389Appeal(s) allowed

Allahabad Bank filed a suit under the Recovery of Debts due to Banks and Financial Institutions Act, 1993, seeking recovery of Rs 46.54 lakhs from three respondents and applied for a temporary injunction restraining them from drawing money from Mis. Braitewaite & Co. The respondents refused to …

BALRAJ TANEJA AND ANR.versusSUNIL MADAN AND ANR.

1999 INSC 385Appeal(s) allowed

Balraj Taneja and others appealed against a Delhi High Court decree granting specific performance to Sunil Madan. The High Court had passed the decree under Order 8 Rule 10 of the CPC solely because the defendants failed to file a written statement, without examining a material factual dispute …

HARI SINGHversusKANHAIYA LAL

1999 INSC 381Appeal(s) allowed

The landlord (Hari Singh) sued his tenant (Kanhaiya Lal) for eviction on grounds of rent default, sub‑letting and nuisance, and also sought fixation of standard rent under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court decreed eviction finding default, sub‑letting …

SHIV SARUP GUPTAversusDR. MAHESH CHAND GUPTA

1999 INSC 364Dismissed

The appellant, a tenant, occupied the first floor and barsati of a house in Defence Colony, New Delhi. The landlord, a doctor, sought eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises for himself and his family. The Additional Rent …

THE STATE OF J & K AND ANR.versusDEV DUTT PANDIT

1999 INSC 358Case Partly allowed

The State of Jammu & Kashmir terminated a measurable‑item rate contract with contractor Dev Dutt Pandit after less than 50% of the work was completed and the contractor filed a petition under Section 20 of the Arbitration Act. An arbitrator awarded Rs. 20,08,000 based on a final bill prepared from …

RAM KUMAR AGGARWAL AND ANR.versusTHAWAR DAS (DEAD) THROUGH LRS.

1999 INSC 346Appeal(s) allowed

The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific …

SHRI PANCH NAGAR PARAKH MANDSAURversusPURUSHOTTAM DAS

1999 INSC 339Appeal(s) allowed

The Supreme Court examined a suit filed in 1968 for redemption of a mortgage executed in 1934 over agricultural land in Mandsaur. The Court held that the suit was time‑barred under Section 275 of the Qanoon Ryotwari Gwalior State Act, which provides a three‑year limitation for redemption suits. It …

COLGATE PALMOLIVE (INDIA) LTD.versusHINDUSTAN LEVER LTD.

1999 INSC 340Appeal(s) allowed

The Supreme Court examined two appeals arising from an order of the Monopolies and Restrictive Trade Practices (MRTP) Commission that restrained Colgate Palmolive India Ltd. from using the phrase "Suraksha Chakra" in its Colgate Dental Cream advertisements. The Commission had granted a temporary …

M/S STYLE (DRESS LAND) ETC. ETC.versusUNION TERRITORY,CHANDIGARH AND ANR.

1999 INSC 341Case 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 …

P.A. AHAMMED IBRAHIMversusTHE FOOD CORPORATION OF INDIA

1999 INSC 335Appeal(s) allowed

The appellant, P.A. Ahmed Ibrahim, contracted with the Food Corporation of India (FCI) for loading, unloading and transport of foodgrains from 1973 to 1975, the agreement containing an arbitration clause. In 1978 the appellant sued FCI for recovery of pending dues, while FCI filed a petition under …

J. JERMONSversusALIAMMAL AND ORS.

1999 INSC 333Appeal(s) allowed

The tenant J. Jermons stopped paying rent to his landlord after a Tax Recovery Officer issued a prohibitory order under the Income Tax Act, directing him to pay the rent to the tax authority instead. He later complied with a notice under Section 226(3) of the Income Tax Act and paid the rent for the …

SOVINTORG (INDIA) LTD.versusSTATE BANK OF INDIA, NEW DELHI

1999 INSC 319Case Partly allowed

Sovintorg (India) Ltd. deposited a cheque for Rs 1 lakh with State Bank of India in June 1983; although the cheque was cleared, the proceeds were not credited to its account for seven years. The company claimed compensation, damages and 24% interest under the Consumer Protection Act, 1986. The State …

SYED DASTAGIRversusT.R. GOPALAKRISHNA SETTY

1999 INSC 317Appeal(s) allowed

Syed Dastagir entered into a sale agreement with T.R. Gopalakrishna Setty for Rs.9,500, paying most of the consideration but the defendant refused to accept the remaining Rs.120 and execute the sale deed. The plaintiff deposited the balance in court and sued for specific performance. The trial court …

P.K. VASUDEVAversusZENOBIA BHANOT

1999 INSC 321Dismissed

The landlady, a widow of a retired government servant, sought eviction of four tenants under Section 13A of the East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh. The Rent Controller initially ordered eviction of two tenants, but the High Court held that only one tenant could …

K.S. SATYANARAYANAversusV.R. NARAYANA RAO

1999 INSC 294Appeal(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 …

BINA MURLIDHAR HEMDEV AND ORS.versusKANHAIYALAL LAKRAM HEMDEV AND ORS.

1999 INSC 257Appeal(s) allowed

The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various …

HARENDRA H. MEHTA AND ORS.versusMUKESH H. MEHTA AND ORS.

1999 INSC 250Dismissed

Harendra Mehta and his family (appellants) and Mukesh Mehta and his family (respondents) were brothers who owned businesses and properties in India and the United States. They executed an arbitration agreement appointing their elder brother as arbitrator to divide the assets, and the arbitrator …

SRI BUDHIA SWAIN AND ORS.versusGOPINTH DEB AND ORS.

1999 INSC 231Dismissed

The appellants, twelve villagers, sought review of a 1966 settlement order passed by the Orissa Estates Abolition Collector in favour of a deity (respondent No.1) alleging that the public notice was not served as required. The Collector invoked Section 151 of the CPC to review the order, but the …

VALLAPALLY PLANTATIONS PVT. LTD.versusSTATE OF KERALA

1999 INSC 226Appeal(s) allowed

Vallapally Plantations Pvt Ltd owned 130.47 acres and claimed that 125 acres were exempt from ceiling‑area calculations because they were rubber plantation as of 1 January 1970 under the Kerala Land Reforms Act. The Taluk Land Board rejected the claim, held a surplus of 115.17 acres and ordered …

ARUMUGHAM (DEAD) BY LRS. AND ORS.versusSUNDARAMBAL AND ANR.

1999 INSC 213Appeal(s) allowed

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first …

SUPERINTENDING ENGINEER AND ORS.versusB. SUBBA REDDY

1999 INSC 204Appeal(s) allowed

The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate …

PAWAN KUMAR GUPTAversusROCHIRAM NAGDEO

1999 INSC 195Appeal(s) allowed

The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender …

KONDIBA DAGADU KADAMversusSAVITRIBAL SOPAN GUJAR AND ORS.

1999 INSC 192Appeal(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 …

T.M. JACOBversusC. POULOSE AND ORS.

1999 INSC 186Dismissed

The appellant, T.M. Jacob, was elected to the Kerala Legislative Assembly and faced an election petition filed by C. Poulose alleging corrupt practices. The petition included an affidavit in Form 25, but the copy of the affidavit served on Jacob omitted the notary’s name, address, stamp and seal, …

JAGDISH DUTT AND ANR.versusDHARAM PAL AND ORS.

1999 INSC 175Dismissed

The appellants filed a suit for ejectment against the respondents for arrears of rent and sub‑letting, and obtained a decree for possession of the premises. In the execution proceedings the second respondent claimed to have purchased the undivided interest of certain coparceners of the Hindu …

UNITED BANK OF INDIAversusTHE DEBTS RECOVERY TRIBUNAL AND ORS.

1999 INSC 167Appeal(s) allowed

United Bank of India filed a suit in the Calcutta High Court for recovery of a debt from one defendant and ancillary relief against two others. While the suit was pending, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force and, under Section 31, the suit was …

R. RATHINAVEL CHETTIAR AND ANOTHERversusV. SIVARAMAN AND OTHERS

1999 INSC 145Appeal(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, …

FERRO ALLOYS CORPN. LTD. AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 124Dismissed

Ferro Alloys Corp. Ltd (FACOR) sought a mining lease for chromite in Sukinda Valley after the Central Government, following a high‑power expert committee (Sharma Committee), reduced the area previously granted to Tata Iron & Steel Co. (TISCO). The Committee assessed the needs of all claimants, …

VIDYADHARversusMANIKRAO AND ANR.

1999 INSC 112Appeal(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 …

K LEELAVATHY BAI AND ORS.versusP.V. GANGADHARAN AND ORS.

1999 INSC 113Dismissed

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 …

ISWAR BHAI C. PATEL@ BACHU BHAI PATELversusHARIHAR BEHARA AND ANR.

1999 INSC 106Dismissed

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 …

D.RAMACHANDRANversusR.V. JANAKIRAMAN AND ORS.

1999 INSC 97Appeal(s) allowed

In the 1996 Pondicherry Legislative Assembly election, D. Ramachandran filed an election petition alleging that R.V. Janakiraman, who was declared elected, committed multiple corrupt practices including falsifying voter lists, exceeding expenditure limits, and using government servants for …

THERAKHATOON (D) BY LRS.versusSLAMBIN MOHAMMAD

1999 INSC 86Dismissed

Therakhatoon purchased land in 1966 and later alleged that her neighbour, Slambin Mohammad, illegally occupied part of it and constructed two rooms in 1967. After a delay of several years, she filed a suit for possession, injunction and damages, which was initially dismissed by the trial court, …

WALI MOHAMMED KHAN (DEAD) BY LRS.versusRAHMAT BEE AND ORS.

1999 INSC 80Appeal(s) allowed

The appellant, Wali Mohammed Khan (by legal representatives), claimed possession of a house built in a graveyard that was originally permitted for conducting Fateha and providing tobacco to Fakirs. The permission created a public Wakf, making the house an accretion to the Wakf property and placing …

BHARAT BARREL AND DRUM MANUFACTURING CO.versusAMIN CHAND PEYARELAL

1999 INSC 69Appeal(s) allowed

Bharat Barrel and Drum Manufacturing Co. sued Amin Chand Peyarelal for recovery of a Rs. 6,20,000 promissory note dated 11 October 1961. The defendant claimed the note was executed as collateral security for an import contract and that no consideration was received, while the plaintiff asserted it …

SAVITRI DEVIversusDISTRICT JUDGE, GORAKHPUR AND ORS.

1999 INSC 68Dismissed

Savitri Devi filed a civil suit against her four sons for maintenance and a charge over ancestral property, and the court issued an interim injunction restraining any alienation of the suit property. The first son subsequently sold one‑fourth shares of three parcels to three third‑party purchasers …

NAZIM ALI AND ORS.versusANJUMAN ISLAMIA CHHATARPUR AND ORS.

1999 INSC 52Appeal(s) allowed

The appellants' ancestors obtained a decree in 1960 declaring them owners of the land known as 'Badi Takia' and that the mosque on it was wakf property. The High Court later held the entire property was wakf, relying on a 1953 agreement, and reversed the earlier decree. In a subsequent suit, the …

DWARAKA DASversusSTATE OF MADHYA PRADESH AND ANR.

1999 INSC 53Case Partly allowed

The appellant, a contractor, entered into a contract with the State of Madhya Pradesh to construct a hostel, but the contract was rescinded by the State alleging insufficient progress. The appellant sued for the contract price of Rs 32,000 and claimed Rs 20,000 as damages for loss of profit. The …

THE EXECUTIVE OFFICER, ARTHANARESWARAR TEMPLEversusR. SATHYAMOORTHY AND ORS.

1999 INSC 49Appeal(s) allowed

The hereditary trustees of six Hindu temples filed a petition under the Indian Trusts Act seeking permission to sell temple properties, which was rejected by the District Court and initially dismissed by the High Court. The High Court later allowed a review and permitted the sale, but the …

SREE JAIN SETAMBAR TERAPANTHI VID (S)versusPHUNDAN SINGH AND ORS.

1999 INSC 50

The Jain Swetambar Terapanthi Society, which runs several schools, terminated the services of its headmaster, Phundan Singh, and expelled several members. It sued for a declaration that the headmaster had ceased to hold office and for a temporary injunction restraining the expelled members from …

M/S. M.K. SHAH ENGINEERS AND CONTRACTORSversusSTATE OF MADHYA PRADESH

1999 INSC 45Case Partly allowed

The contractors M.K. Shah Engineers and Chabaldas & Sons were engaged by the State of Madhya Pradesh to construct the Barna Main Dam. Their contracts contained an arbitration clause requiring a prior decision by the Superintending Engineer (SE) and a 28‑day notice to challenge it before arbitration …

M/S. MARSHALL SONS AND CO. (I) LTD.versusM/S SAHI ORETANS (P) LTD. AND ANR.

1999 INSC 29Disposed off

Marshall Sons & Co. (I) Ltd., the landlord, obtained a decree for eviction against four defendants for non‑payment of rent and unlawful sub‑letting. The decree was not executed, and the respondents continued to occupy the premises. The respondents later filed a declaratory suit claiming tenancy …

M/S SARDAR CONSTRUCTION CO.versusSTATE OF GUJARAT

1999 INSC 23Dismissed

Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act …

H.D. REVANNAversusG. PUTTASWAMY AND ORS.

1999 INSC 19Dismissed

The appellant G. Puttaswamy was declared elected after a recount ordered by the Returning Officer, which the respondent H.D. Revanna challenged, alleging that the recount violated Rule 63 of the Conduct of Election Rules, 1961 and that the appellant committed corrupt practices under Sections 100 and …

STATE OF ANDHRA PRADESHversusVATSAVYI KUMARA VENKATA KRISHNA VERMA

1999 INSC 1Appeal(s) allowed

The respondent, a holder of agricultural land under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and his wife sold four parcels of land within a 15‑day period between 24‑Jan‑1971 and before the notified date. One sale was to the respondent’s father and three to …

BHAWARLAL BHANDARIversusM/S UNIVERSAL HEAVY MECHANICAL LIFTING ENTERPRISES

1998 INSC 461Appeal(s) allowed

The appellant Bhandari had given a short‑term loan of Rs 15 lakh to the respondent Heavy Mechanical Lifting Enterprises. A dispute over interest and repayment was referred to arbitration; the arbitrator passed an award on 17‑Apr‑1985 and, after a four‑year delay, filed it in the Calcutta High Court …

MUNICIPAL CORPORATION OF BRIHANMUMBAI AND ANR.versusSTATE BANK OF INDIA

1998 INSC 454Dismissed

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially …

M/S. UPADHYAY AND CO.versusSTATE OF U.P. AND ORS.

1998 INSC 452Dismissed

Mis. Upadhyay & Co. was permitted to collect tolls on the Shastri Bridge for a limited period and later sought to continue collection at revised rates. Various writ petitions were filed in the Allahabad High Court, resulting in interim orders, a Supreme Court set‑aside of those orders, and a High …

VJJAYABAL AND ORS.versusSHRLRAM TUKARAM AND ORS.

1998 INSC 437Appeal(s) allowed

The appellants' predecessors obtained an order under Section 8(3) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 deleting respondent No. 1’s name from the tenant list after a compromise in which he admitted he was not a tenant and purchased part of the land. No appeal was …

MAHABIR PRASAD SINGHversusM/S JACKS AVIATION PVT. LTD.

1998 INSC 426Appeal(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 …

VIRENDRA KASHINATH RAVAT AND ANR.versusVINAYAK N. JOSHI AND ORS.

1998 INSC 424Appeal(s) allowed

The landlords (appellants) let a building to Ms. Shanta Sabnis, who died leaving her daughter (second respondent) as the alleged heir. The landlords sued for eviction on the ground that the premises had been unlawfully sub‑let to the first respondent and his sister, invoking Section 13(1)(e) of the …

POOVOLLAPARAMBIL CHATHU AND ORS.versusV.P. SUDHEER AND ORS.

1998 INSC 414Appeal(s) allowed

The plaintiffs sought a declaration that they were exclusive co‑owners of a parcel of land, while the defendants claimed tenancy under a predecessor and asked for fixity of tenure. The dispute turned on whether the civil court could decide the tenancy issue or had to refer it to the Land Tribunal …

HOPE PLANTATIONS LTD.versusT ALUK LAND BOARD, PEERMADE AND ANR .

1998 INSC 409Case Partly allowed

Hope Plantations Ltd., which owned a large tea estate, claimed exemption from the ceiling area under the Kerala Land Reforms Act for land classified as fuel area, rested tea area, roads and buildings, and other agricultural land interspersed. The Taluk Land Board initially disallowed the fuel and …

THE STATE OF PUNJAB AND ORS.versusBAKSHISH SINGH

1998 INSC 353Case Allowed

B. Singh, a police constable, was dismissed for alleged unauthorized absence. The trial court held that the absence had been regularised as leave without pay, so the misconduct charge did not survive, and also found that Singh was denied a personal hearing and that his signatures were obtained under …

NAVANEETHAMMALversusARJUNA CHETTY

1998 INSC 349Appeal(s) allowed

Navaneethammal, the plaintiff, purchased land and sued Arjuna Chetty, the tenant, for declaration of title and recovery of possession. The tenant claimed he had surrendered the lease, re‑entered the land and acquired title by adverse possession, contending that the suit was barred by Article 139 of …

BAIJ NATH SHARMAversusHONBLE RAJASTHAN HIGH COURT AT JODHPUR AND ANR.

1998 INSC 339Dismissed

B.N. Sharma, a retired member of the Rajasthan Judicial Service, sought promotion to the Rajasthan Higher Judicial Service. After filing a writ petition that was withdrawn with liberty to re‑file, his representation was rejected by the High Court’s Full Court, prompting a second writ petition which …

T. LAKSHMIKUMARA THATHACHARIARversusCOMMISSIONER, H.R.C.E. AND ORS.

1998 INSC 341Dismissed

The case concerned a scheme for the administration of the Devarajaswamy Temple at Kancheepuram, originally settled in 1909 under Section 92 of the Code of Civil Procedure and modified in 1941 under the Madras Hindu Religious Endowments Act, 1927. In 1982 the Deputy Commissioner of Hindu Religious …

SAMEE KHANversusBJNDU KHAN

1998 INSC 334Dismissed

Two neighbours were litigating over a narrow lane. The plaintiff obtained an interim injunction restraining the defendant from obstructing the lane, but the defendant erected a brick wall in defiance. The trial court, invoking Order 39 Rule 2A of the Code of Civil Procedure, ordered the defendant's …

MOHAN SINGHversusLATE AMAR SINGH THROUGH THE LRS.

1998 INSC 335Dismissed

The tenant, Mohan Singh, obtained two successive permissions for a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the second limited period expired, the landlord sought possession and the tenant alleged that the second permission was procured by fraud and that he was …

SHEEL CHANDversusPRAKASH CHAND

1998 INSC 336Case Allowed

The landlord filed an eviction suit against the tenant claiming a bona‑fide personal need for the premises to start a general‑store business. The trial court, after evaluating evidence, held that the landlord's need was not genuine and dismissed the suit; the appellate court affirmed this finding. …

RAM NARAIN ARORAversusASHA RANI AND ORS.

1998 INSC 328Dismissed

The landlord filed an eviction petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, claiming a bona‑fide need for the suit premises. The tenant contended that the landlord already possessed an alternate residence at Subzi Mandi, which was concealed, and that the …

K.MUTHUSWAMI GOUNDERversusN. PALANIAPPA GOUNDER

1998 INSC 327Dismissed

The dispute involved two competing auction purchasers over a suit property that had been subject to a 1950 security deed (Exhibit A6) executed to raise an attachment before judgment. The trial court held that Exhibit A6 created a charge, granting the appellant a right to redeem the first mortgage …

SADANANDAN BHADRANversusMADHAVAN SUNIL KUMAR

1998 INSC 326Dismissed

The appellant, Sadanandan Badran, received a Rs 30,000 cheque from the respondent, Madhavan Sunil Kumar, to settle a loan. The cheque was presented twice (January and May 1991) and was dishonoured both times for insufficient funds. After each dishonour the appellant issued a legal notice demanding …

RAM PRASAD RAJAKversusNANO KUMAR AND BROS. AND ANR.

1998 INSC 310Case Allowed

The landlord (appellant) filed an eviction suit under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 on the ground of bona‑fide personal requirement. The trial court dismissed the suit; the landlord appealed and obtained a decree for eviction, which the tenants (respondents) …

SMT. SATYA GUPTA@MADHU GUPTAversusBRIJESH KUMAR

1998 INSC 309Case Allowed

The plaintiff, Satya Gupta, sued for partition of a house that had been purchased by her late husband Battu Mal in the joint names of himself and the plaintiff, alleging that half of the property belonged to her. The trial court held that the plaintiff had not shown how the claim arose but …

SRI BABU RAM @ DURGA PRASADversusSRI INDRA PAL SINGH (DEAD) BY LRS.

1998 INSC 306Dismissed

The plaintiff, an undischarged insolvent, entered into a joint application with the creditor to sell his land for the debt amount, with a clause allowing repurchase within five years. After the sale deed was executed by the Official Receiver, the plaintiff was adjudicated insolvent, but later …

GHASI RAM AND ORS.versusCHAIT RAM SAINI AND ORS.

1998 INSC 268Case Allowed

Ghasi Ram and others filed a suit under Order 21 Rule 103 CPC to claim possession of land after their objection to an execution order was rejected. Instead of filing the suit, they pursued a civil revision before the High Court, which was entertained and later dismissed. The subsequent suit was …

GANESH SHETversusDR. C.S.G.K. SETTY AND ORS.

1998 INSC 244Dismissed

The appellant filed a suit for specific performance of an alleged sale agreement of a Shimoga property, claiming the contract was concluded on 25‑January‑1984 in Delhi. The defendants denied any concluded contract, stating that price and terms were never fixed and that no agreement was reached on …

GRID CORPORATION OF ORISSA LIMITEDversusINDIAN CHARGE CHROME LIMITED

1998 INSC 237Appeal(s) allowed

GRID Corporation of Orissa Ltd. (GRIDCO) succeeded the Orissa State Electricity Board and sued Indian Charge Chrome Ltd. (ICCL) for non‑payment of electricity bills arising from ICCL's captive power plant supplying power to the board. Multiple proceedings were instituted: a reference before the …

INDIAN BANKversusMAHARASHTRA STATE CO-OPERATIVE MARKETING FEDERATION LTD.

1998 INSC 217Appeal(s) allowed

Indian Bank filed a summary suit under Order 37 of the CPC against Maharashtra State Co‑operative Marketing Federation Ltd for recovery under a Letter of Credit. The Federation had earlier instituted a regular suit against the Bank and sought a stay of the summary suit invoking Section 10 of the …

S.G.P. COMMITTEEversusM.P. DASS CHELA (DEAD) BY LRS.

1998 INSC 212Dismissed

The Supreme Court examined an appeal by the Shiromani Gurudwara Prabandhak Committee challenging a High Court decision that had been referred to a third judge on a difference of opinion. The Court held that, under the Letters Patent governing the Punjab & Haryana High Court, a third judge may be …

ASHOK KUMAR SRIVASTAVversusNATIONAL INSURANCE COMPANY LTD. AND ORS.

1998 INSC 199Dismissed

A.K. Srivastav was appointed as a probationary Inspector with National Insurance Company Ltd. on conditions that he achieve a premium target within twelve months, failing which his service could be terminated without notice. After failing to meet the target, the company served a notice of …

SRI GOPABANDHU BISWAL ETC.versusKRISHNA CHANDRA MOHANTY AND ORS. ETC.

1998 INSC 192Appeal(s) allowed

Gopabandhu Biswal, a former military officer appointed as Assistant Commandant in the Orissa Military Police, sought promotion to the Indian Police Service (IPS) and obtained a favorable order from the Central Administrative Tribunal (CAT) in 1991. The Union of India, the State of Orissa and other …

WORLD TANKER CARRIER CORPORATIONversusSNP SHIPPING SERVICES PVT. LTD. AND ORS.

1998 INSC 186Appeal(s) allowed

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara …

SHREENATH AND ANR.versusRAJESH AND ORS.

1998 INSC 176Appeal(s) allowed

Shreenath and others, who were tenants of a mortgaged property, opposed the execution of a decree for vacant possession granted to Rajesh, the mortgagee, by filing an objection under Order 21 Rule 97 of the Code of Civil Procedure, claiming an independent right in the premises. The executing court …

SAIYAD MOHAMMAD BAKER EL-EDROOS (DEAD) BY LRS.versusABDULHABIB HASAN ARAB AND ORS.

1998 INSC 170Dismissed

The case concerned applications under Section 50A of the Bombay Public Trusts Act, 1950 for settling the scheme of a public trust. One of the original applicants died and, after a long delay, his son sought substitution; another set of applicants also sought to be joined. The Charity Commissioner …

SILVERLINE FORUM PVT. LTD.versusRAJIV TRUST AND ANR.

1998 INSC 165Appeal(s) allowed

Silverline Forum Private Limited, the new owner of a flat, obtained a decree for ejectment against its tenant Rajiv Trust for sub‑letting without consent. While executing the decree, the bailiff was resisted by the second respondent, a sub‑tenant of the first sub‑tenant, who claimed he was not a …

SANKARANARAYANAN POTTI (DEAD) BY L.RS.versusK.SREEDEVI AND ORS.

1998 INSC 156Appeal(s) allowed

The case concerned an Otti mortgagee (defendant No. 2) who, after a preliminary decree of redemption, claimed to be a "cultivating tenant" under the Kerala Land Reforms (Amendment) Act, 1969 and obtained a purchase certificate from the Kerala Land Tribunal. The appellant sought to have the final …

TASADDUG HUSSAIN KHANversusSHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANR.

1998 INSC 159Dismissed

The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money …

VINOD SHARMA AND ORS.versusDIRECTOR OF EDUCATION [BASIC] U.P. AND ORS.

1998 INSC 146Appeal(s) allowed

The appellants, assistant teachers of the primary sections in a recognised junior high school in Uttar Pradesh, filed writ petitions seeking payment of their salaries under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. The Allahabad High Court …

J.K. COTTON SPPINNING AND WEAVING MILLS CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE

1998 INSC 126Appeal(s) allowed

The appellant, a textile mill, was served with two show‑cause notices under Section 11‑A of the Central Excises and Salt Act for alleged excise duty on yarn removed within the factory for the period November 1980 to December 1981. The Delhi High Court had stayed the effect of a circular dated …

TIRUMALA TRIUPATI DEVASTHANAMSversusK.M. KRISHNALAH

1998 INSC 121Appeal(s) allowed

The plaintiff, K.M. Krishnah, sued Tirumala Tirupati Devasthanams (TTD) for a permanent injunction over 2.29 acres of land. The trial court dismissed the suit for lack of title and possession; the plaintiff later amended the suit to seek possession after being dispossessed on 30 August 1969, filing …

SHRI LAKHI RAM (DEAD) THROUGH LRS.versusSHRI TRIKHA RAM AND ORS.

1998 INSC 71Appeal(s) allowed

Lakshmi Ram (deceased) had an agreement with vendor Trikha Ram to sell land for a consideration, but the vendor sold the property to subsequent purchasers. Lakshmi Ram filed a suit for specific performance which was decreed by the trial court. On appeal, the defendants argued that the suit was …

K.K. MODIversusK.N. MODI AND ORS.

1998 INSC 63Disposed off

The dispute arose between two branches of the Modi family over the division of assets and companies following a 1989 Memorandum of Understanding (MOU). Clause 9 of the MOU referred any implementation disputes to the Chairman of the Industrial Finance Corporation of India (IFCI), whose decision was …

SAYYED ALI AND ORS.versusANDHRA PRADESH WAKF BOARD HYDERABAD AND ORS.

1998 INSC 45Dismissed

The Andhra Pradesh Wakf Board claimed that a 358‑53 cent land parcel in Devada Mokhasa village, originally endowed by the Nizam for the support of the Syed Ali Ishaq Madina Vali Dargah, was a Wakf property. The Board sought cancellation of long‑term leases and sub‑leases executed by mutawallis, …

N.M. VEERAPPAversusCANARA BANK

1998 INSC 41Appeal(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 …

T.C. LIMITEDversusDEBTS RECOVERY APPELLATE TRIBUNAL

1997 INSC 832Appeal(s) allowed

The bank had issued letters of credit to the appellant (seller) for buyers, and the appellant drew funds despite alleged non‑shipment of cigarettes. The bank sued the buyers and the appellant for recovery of Rs 52,59,639.66. The appellant moved to reject the plaint under Order 7 Rule 11 CPC, …

STATE OF M.P.versusMANGI LAL SHARMA

1997 INSC 829Appeal(s) allowed

Mangi Lal Sharma, a clerk in the Madhya Pradesh Irrigation Department, resigned after a denied transfer request and remained absent for over five years, leading the State to treat his service as terminated. He filed a suit under Section 34 of the Specific Relief Act for a declaration that he …

MARTIN AND HARRIS LTD.versusVLTH ADDITIONAL DISTT. JUDGE AND ORS.

1997 INSC 808Dismissed

Martin and Harris Ltd., a long‑standing tenant, was served a notice by a retired Major General who purchased the premises and claimed a bona‑fide residential requirement. The landlord filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings Act within six months of the notice and …

MALKIAT SINGH AND ANR.versusJOGINDER SINGH AND ORS.

1997 INSC 779Appeal(s) allowed

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb …

SMT. MEHRUNNISA AND ORS.versusSMT. VISHAM KUMAR! AND ANR.

1997 INSC 783Dismissed

The respondent landlady served three notices to the tenant, first claiming the premises were needed for her husband's legal practice, then for a cloth business, and finally repeating the latter before filing an eviction suit. The trial court held that the landlady's requirement for the cloth …

ASHWINI KUMAR SHARMAversusYADUVANSH SINGH AND ORS.

1997 INSC 774Appeal(s) allowed

In the 1995 Vidhan Sabha election for the Lakhisarai constituency, respondent No.1 was declared elected. The appellant, Ashwini Kumar Sharma, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951, alleging irregularities and illegalities in the …

HEERALALversusKALYANMAL AND ORS.

1997 INSC 745Appeal(s) allowed

The appellant filed a partition suit for ten immovable properties (Schedule A) and additional properties (Schedule B). The defendants, in their written statement, admitted that seven of the Schedule A properties were joint family assets and that the appellant was entitled to a one‑third share, while …

DHANWANTI JOSHIversusMADHAV UNDE

1997 INSC 715Appeal(s) allowed

The mother, Dhanwati Joshi, had been granted permanent custody of her son by the Bombay High Court in 1986 and by an ex‑parte order under the Guardian and Wards Act, 1890 in 1987. The father, Madhav Unde, later obtained custody in a US court and subsequently filed a fresh petition in the Indian …

BANARSI DASversusBRIG MAHARAJA SUKHJIT SINGH AND ANR.

1997 INSC 702Dismissed

Banarsi Das filed a suit for permanent injunction claiming peaceful cultivation of land he alleged to have inherited, while the defendants asserted ownership and produced documentary evidence of a sale deed. The trial court dismissed the suit; the District Judge reversed that decision and decreed in …

PARSION DEVI AND ORS.versusSUMITRI DEVI AND ORS.

1997 INSC 691Appeal(s) allowed

The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error …

WESTERN INDIA PLYWOOD LTD.versusSHRI. P. ASHOKAN

1997 INSC 663Appeal(s) allowed

The respondent, an employee of Western India Plywood Ltd., suffered a hand amputation while at work and received disability benefits under the Employees' State Insurance (ESI) Act, 1948. He later sought permission to file a suit for additional compensation against his employer under tort law, but …

SMT. SHANTI RANI DAS DEWANJEEversusDINESH CHANDRA DAY (DEAD) BY LRS.

1997 INSC 662Dismissed

The appellant challenged a lower court order that rejected her claim that filing a counter‑claim under Order VIII Rule 6A of the Code of Civil Procedure after the written statement was barred. The suit (Civil Case No. 248/82) was instituted on 15‑July‑1982 and the application for a counter‑claim was …

SMT. SHANTI DEVI .versusSTATE OF U.P. AND ORS.

1997 INSC 646Disposed off

Shanti Devi mortgaged her agricultural land and, upon default, the land was sold at a revenue auction. The purchaser submitted an affidavit that his total holding would remain below the 12.50‑acre ceiling prescribed by Section 154(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, but …

JAIPUR DEVELOPMENT AUTHORITYversusSMT. KAILASHWATI DEVI

1997 INSC 631Appeal(s) allowed

The Jaipur Development Authority (JDA) was impleaded as a defendant in a suit filed by Kailashwati Devi challenging land acquisition and seeking a permanent injunction. The trial court decreed the suit ex parte, and on appeal JDA sought to introduce additional documents under Order 41 Rule 27(1)(aa) …

RELIANCE INDUSTRIES LTD.versusPRAVINBHAI JASBHAI PATEL AND ORS.

1997 INSC 629Appeal(s) allowed

The Supreme Court considered an appeal by Reliance Industries Ltd. against the Gujarat High Court’s dismissal of its review petition challenging a writ order passed under Article 226 that directed polluting industries to install effluent treatment. The division bench of the High Court had differed …

GOPI AQUA FARMS AND ORS. ETC.versusUNION OF INDIA

1997 INSC 579Dismissed

Gopi Aqua Farms and others filed a writ petition under Article 32 challenging a 19‑Feb‑1991 notification issued under the Environment (Protection) Act, 1986, after the Supreme Court had delivered its judgment in Jagannath v. Union of India. The petitioners argued that they were not parties to the …

K. AJIT BABU AND OTHERS.versusUNION OF INDIA AND ORS.

1997 INSC 575Appeal(s) allowed

The appellants, senior officers of the Chief Controller of Imports and Exports, challenged a seniority list prepared on the basis of a 1987 Central Administrative Tribunal (CAT) judgment that affected their promotion prospects. After review petitions were rejected, they filed an application under …

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusMIS PRICE WATERHOUSE AND ANR.

[1997] SUPP. 2 S.C.R. 267Appeal(s) allowed

The Institute of Chartered Accountants of India (the Council) issued a notice to Price Waterhouse for alleged professional misconduct in preparing a booklet for EXIM Bank. After a written statement, the Council referred the matter to its Disciplinary Committee, which reported a finding of "not …

GURDEV SINGH AND ORS.versusMEHNGA RAM AND ANR.

[1997] SUPP. 2 S.C.R. 693Appeal(s) allowed

The appellants filed an appeal before the Additional District Judge, Ferozepur, seeking to admit additional evidence under Order XLI Rule 27(b) of the CPC, specifically the examination of a handwriting expert. The Additional District Judge ordered that such evidence be produced. The respondents …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPURversusSMT. POONAM PAHWA AND ORS.

1997 INSC 558Dismissed

The Rajasthan State Road Transport Corporation (RSRTC) deposited the award amount from a Motor Accident Claims Tribunal in the executing court but failed to give notice to the decree holders. The decree holders claimed interest from the date of deposit (June 27, 1986) until they were informed (April …

FENNER (INDIA) LTD.versusPUNJAB AND SIND BANK

1997 INSC 523Appeal(s) allowed

Fenner (India) Ltd entered into an agreement with Vijay Exports for a purchase advance of up to Rs 30 lakh, secured by a bank guarantee issued by Punjab and Sind Bank. Fenner advanced Rs 20 lakh, but Vijay Exports defaulted on repayment, prompting Fenner to sue the bank for the amount advanced plus …

SHRI IRSHAD ALI AND ORS.versusHAZI ABDUL SUKHUR MOZUMDAR AND ORS.

1997 INSC 528Dismissed

The appellants, owners of a one‑third share in land acquired under the Land Acquisition Act, were awarded compensation by the Land Acquisition Officer, which was later enhanced by the Reference Court under Section 18. The respondent appealed to the High Court, which further increased the …

EXECUTIVE OFFICER, TTD, TIRUPATIversusA.S. NARAYAN DEEKSHITULU AND ORS.

1997 INSC 510Disposed off

The Executive Officer of the Tirumala Tirupati Devasthanams (TTD) filed an application seeking recovery of excess payments made to archakas, gamekars, jeeyamgars and other mirasidars under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The TTD alleged that …

DWARIKESH SUGAR INDUSTRIES LTD.versusPREM HEAVY ENGINEERING WORKS (P) LTD.

1997 INSC 486Appeal(s) allowed

Dwarikesh Sugar Industries Ltd. entered into a contract with Prem Heavy Engineering Works (P) Ltd. for supply of equipment, the latter furnishing two unconditional bank guarantees from State Bank of India. When the equipment was not delivered, Dwarikesh invoked the guarantees, but Prem obtained ex …

KSHITISH CHANDRA PURKAITversusSANTOSH KUMAR PURKAIT

1997 INSC 487Appeal(s) allowed

The plaintiff purchased land from Kshirodamani Dasi, who had sole occupancy rights, and sued the defendants for declaration of title and possession. The defendants, after having trespassed on the land, raised a new plea in a second appeal before the Calcutta High Court, claiming that under the West …

MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.

1997 INSC 456Appeal(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 …

DINESH MATHURversusO.P. ARORA AND ORS.

1997 INSC 414Leave Granted & Allowed

The dispute concerned a perpetual lease obtained in 1937 for premises used by the respondent to run a hotel. In 1991 the respondent sued the appellant alleging breach of a lease condition (clause 7(2)) and obtained an ad‑interim injunction restraining the appellant from continuing the hotel …

R.C. TIWARIversusM.P. STATE CO-OPERATIVE MARKETING FEDERATION LTD. AND ORS.

1997 INSC 398Dismissed

R.C. Tiwari, an employee of M.P. State Co‑operative Marketing Federation Ltd., was dismissed for misconduct. He obtained a reference under the Madhya Pradesh Societies Act, which confirmed the dismissal and became final. He then approached the Labour Court under Section 10(1) of the Industrial …

THE SREE NARAYANA DHARMASANGHOM TRUSTversusSWAMI PRAKASANANDA AND ORS.

1997 INSC 399Leave Granted & Dismissed

The dispute concerned the validity of elections to the Committee of the Sree Narayana Dharmasanghom Trust. After a series of orders by the Kerala High Court, a Special Leave Petition (SLP) was filed in the Supreme Court and dismissed. The appellant argued that the dismissal of the SLP was not a …

UNION OF INDIA AND ANR.versusKARAM SINGH AND ORS.

1997 INSC 382Leave Granted & Allowed

The respondents' property was acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. After the Land Acquisition Collector fixed compensation, the respondents objected and an arbitrator enhanced the award. The Single Judge set aside the arbitrator’s award and fixed a …

DHANNA SINGH AND ORS.versusBALJINDER KAUR AND ORS.

1997 INSC 372Leave Granted & Dismissed

The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser …

S. SIVAPRAKASAMversusB.V. MUNIRAJ AND ORS.

1997 INSC 361Dismissed

The Catholic Syrian Bank, as mortgagee, obtained a preliminary decree (1951) and a final decree (1952) against mortgagor Manickam Mudaliar. While objections to the final decree were pending, a money creditor obtained a separate money decree, and the mortgaged property was sold in execution to …

S. VANATHAN MUTHURAJAversusRAMALINGAM ALIAS KRISHNAMURTHY GURUKKAL AND ORS.

1997 INSC 365Dismissed

The appellant purchased a one‑third share in a property and filed suits for declaration of title and partition. While the suit was pending, the Tehsildar, under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, conducted a suo motu inquiry and granted a Ryotwari patta to …

VANKAMAMIDL VENKATA SUBBA RAOversusCHATLAPALLI SEETHARAMARATNA RANGANAYAKAMMA

1997 INSC 356Appeal(s) allowed

V. Satyanarayana died leaving his widow Raghavamma, a minor son (the appellant) and a daughter (the respondent). A 1955 compromise decree partitioned the estate, granting the widow a life interest with reversion to the son. After the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) …

SRI N. UMAPTHYversusB.V. MUNIYAPPA

1997 INSC 318Leave Granted & Dismissed

The respondent, Sri N. Umapathy, purchased the suit property and associated machinery from his vendor and has been in continuous possession since November 1989. The appellant, B.V. Muniyappa, holds a mining lease over the same land, granted by the Government on 29 November 1993. The trial court …

MAKHAN LALversusASHARFI LAL AND ORS.

1997 INSC 320Leave Granted & Allowed

The respondents, who were licensees of a portion of a house belonging to Baij Nath, sued Makhanlal for permanent injunction, possession and damages, claiming they had no right to remain after the licence was revoked. Makhanlal contended that he had contributed half the cost of constructing the …

SMT. SATI RANI SENversusM/S. INDIAN STANDARD CASTING CO. AND ANR.

1997 INSC 285Disposed off

The case involved parallel suits concerning Premises No. 31, Raja Santosh Road, Alipore, where the landlord (Indian Standard Casting Co.) obtained an ex parte decree in a suit against the principal tenant and executed possession, despite a pending suit in another court that had granted a status‑quo …

SRI DOKKA SAMUELversusDR. JACOB LAZARUS CHELLY

1997 INSC 274Appeal(s) allowed

The appellant filed a suit for declaration of ownership and possession of two plots, which was dismissed by the trial court and affirmed by the appellate court. The High Court, in a review, reversed the appellate decree, claiming that relevant precedents were not cited, and held the transaction to …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusASHWANI KUMAR

1997 INSC 276Appeal(s) allowed

The Punjab State Electricity Board supplied electricity to Ashwani Kumar, later issuing a bill of Rs.1,90,498.79 for the period Dec 1983‑Jan 1985. Kumar filed a civil suit seeking a permanent injunction to restrain the Board from recovering the amount. The trial court decreed in his favour, an …

ASHOK KUMAR SHARMA AND ORS.versusCHANDER SHEKHAR AND ANR.

1997 INSC 239Dismissed

The Supreme Court examined a recruitment process for Junior Engineer where the advertisement specified a fixed last date for applications and a minimum qualification. Thirty‑three candidates who did not possess the qualification on that date but obtained it before the interview were allowed to …

STATE OF M.P. AND ANR.versusBRIJESH KUMAR AWASTHI AND ORS.

1997 INSC 247Appeal(s) allowed

The State of Madhya Pradesh acquired forest land under Section 16 of the Indian Forest Act and, in lieu of compensation, transferred the land to the respondents. The respondents later sued for a declaration of title and compensation, and the Conservator of Forest colluded with them to obtain a …

PRAHLAD SARAN GUPTAversusBAR COUNCIL OF INDIA AND ANOTHER

1997 INSC 200Case Partly allowed

Prahlad Saran Gupta, a senior advocate and standing counsel for the Railways, was disciplined by the Bar Council of India for alleged professional misconduct, including drafting a notice for a private client while acting for the Railways, handing a letter to a judgment debtor to obtain a stay of …

MST. BHABIA DEVIversusPERMANAND PD. YADAV

1997 INSC 194Dismissed

The respondent filed a suit for specific performance against Mst. Bhabia Devi, and an ex‑parte decree was granted when she failed to appear. She later applied under Order IX Rule 13 of the CPC to set aside the decree, alleging that notice was not served because she was not residing at the alleged …

LAL CHANDversusVIIITH ADDL. DISTRICT JUDGE AND ORS.

1997 INSC 179Appeal(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 …

RAM SAKAL SINGHversusMOSAMAT MONAKE DEVI (DEAD) AND ORS.

1997 INSC 181Dismissed

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 …

SMT. KAMESHWARI DEVI @ KALESHWARI DEVIversusSMT. BARHANI (DEAD) BY LRS. AND ORS.

1997 INSC 176Dismissed

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 …

TAYABHAI M. BAGASARWALLA AND ANR.versusHIND RUBBER INDUSTRIES (P.) LTD. ETC.

1997 INSC 156Appeal(s) allowed

The landlord (appellant) sought a perpetual injunction against the tenant (defendant) to stop any construction on a building that had been destroyed by fire, claiming the tenancy had ended. The City Civil Court granted an interim injunction and later found it had jurisdiction, subsequently punishing …

S.S. DAYANANDAversusK.S. NAGESH RAO AND ORS.

1997 INSC 162Dismissed

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 …

THE STATE OF TAMIL NADU AND ORS.versusA. GURUSAMY

1997 INSC 147Appeal(s) allowed

The respondent, A. Gurusamy, obtained a certificate in 1971 claiming Scheduled Tribe (Kattunaicken) status, which was later cancelled after an enquiry revealed he belonged to a Scheduled Caste (Thotti). He filed a civil suit seeking a declaration that he is a Scheduled Tribe; the trial court and …

PANCHUGOPAL BARUA AND ORS.versusUMESH CHANDRA GOSWAMI AND ORS.

1997 INSC 138Appeal(s) allowed

The plaintiff allowed the defendant to use a plot of land in Assam for two years (June 1963‑June 1965) to raise a temporary structure, with the understanding that the structure would be removed and possession returned after the period. The defendant failed to vacate and also claimed he was a …

MUNICIPAL COUNCIL, MANDSAURversusFAKIRCHAND AND ANR.

1997 INSC 111Dismissed

Three brothers, claiming ownership of a joint Hindu family property, sued the Municipal Council, Mandsaur for a permanent injunction. The trial court decreed in favor of the brothers and the municipality appealed. During the pendency of the appeal one brother died, but the municipality failed to …

SHRI RAM PRAKASHversusSMT. CHARAN KAUR AND ANR.

1997 INSC 89Dismissed

Both parties filed civil suits against each other for damages. The petitioner's suit was dismissed by the trial court, while the respondents' suit was also dismissed but later allowed on appeal, resulting in a decree for Rs. 24,875 in favour of the respondents. The petitioner filed a second appeal …

HANAMANTHAPPA AND ANR.versusCHANDRASHEKHARAPPA AND ORS.

1997 INSC 91Dismissed

The respondents originally filed suit O.S. No.158/94 in the District Munsiff Court, Navalagund, but the plaint was returned for lack of territorial jurisdiction. They amended the plaint and refiled it as O.S. No.10/91 in the Civil Court at Dharwad. The original plaintiffs filed an application under …

VALIAMMALversusR. PALANICHAMI NADAR AND ORS.

1997 INSC 95Dismissed

The petitioner sought to set aside the execution of a sale of two properties that had been ordered by the High Court after his mother’s earlier application under Order XXI, Rule 64 of the CPC was dismissed and became final. After his mother’s death, the petitioner filed an application under Section …

JAYWANTRAJ PUNAMIYA AND ORS.versusM/S. H. CHOKSI AND CO. PVT. LTD.

1997 INSC 97Dismissed

The appeal arose from a Bombay High Court order refusing to record a compromise under Order 23, Rule 3 of the CPC. While the appeal was pending, the parties filed an application to record a compromise whereby they appointed Shri Mohanlal S. Mehta as a mediator to sell two flats and adjust the …

HIMACHAL PRADESH NAGAR VIKAS PRADHIKARANversusM/S. AGGARWAL & CO.

1997 INSC 67Appeal(s) allowed

The Himachal Pradesh Nagar Vikas Pradhikaran (appellant) entered into a construction contract with Mis. Aggarwal & Co. (respondent). An arbitrator awarded the respondent a 25% increase over tendered rates for work completed after the stipulated date due to delay caused by the Executive Engineer. The …

BRAHMDEO CHAUDHARYversusRISHIKESH PRASAD JAISWAL AND ANR.

1997 INSC 49Appeal(s) allowed

The appellant, Brahmdeo Chaudhary, a stranger to a decree for eviction in favour of respondent No.1, resisted the execution of a warrant for possession against respondent No.2. The decree‑holder applied for a warrant with police assistance; the appellant filed an application before the executing …

MIS. NEW KENILWORTH HOTEL (P) LTD.versusORISSA STATE FINANCE CORPORATION AND ORS.

1997 INSC 41Dismissed

M/s New Kenilworth Hotel filed a suit challenging actions of the Orissa State Finance Corporation under Section 29 of the State Financial Corporation Act and sought a permanent injunction to protect its possession of a hotel. The trial court granted a status‑quo order, which was later vacated by a …

RAJKOT MUNICIPAL CORPORATIONversusMANJULBEN JAYANTILAL NAKUM AND ORS.

1997 INSC 34Appeal(s) allowed

The deceased Jayantilal was killed when a roadside tree, planted by the Rajkot Municipal Corporation, fell on him while he was walking on a footpath. His widow and children sued the corporation for damages, alleging negligence in failing to maintain the tree in a safe condition. The trial court and …

SHIV KUMARI DEVENDRA OJHAversusRAMAJOR SHITLA PRASAD OJHA AND ORS.

1997 INSC 19Disposed off

The petitioner, a lady, filed a transfer petition seeking to move a succession application pending before the Civil Judge, Senior Division, Valsad, Gujarat, to the Civil Judge, Sadar, Pratapgarh, Uttar Pradesh, alleging difficulty in traveling and meeting expenses. The respondents offered to bear …

GORIE GOURI NAIDU (MINOR) AND ANR.versusTHANDROTHU BODEMMA AND ORS.

1997 INSC 12Dismissed

The Supreme Court dismissed a civil appeal filed by the heirs of a defendant challenging a Division Bench judgment that declared four deeds of gift executed by Gowramma void. The earlier suit before a Subordinate Judge and the subsequent High Court appeal had held those deeds invalid under Hindu …

T.L. MADDUKRISHANA AND ANR.versusSMT. LALITHA RAMCHANDRA RAO

1997 INSC 2Dismissed

The appellants entered into a sale agreement for a plot of land with the respondents, fixing May 28, 1989 as the date for performance. The respondents repudiated the contract after the appellants had issued a notice to obtain tax clearance and urban ceiling authority permission. The appellants filed …

M.L. MUBARAK BASHA AND OTHERSversusMUNI NAIDU

1997 INSC 5Dismissed

The appellant, M.L. Mubarak Basha, appealed a Madras High Court decision confirming a public auction sale of a saw‑mill property, contending that the Commissioner of the court had no authority to fix the upset price. The sale had been conducted under Order XXI Rule 66 of the Civil Procedure Code, …

SA. RAMACHANDRANversusS. NEELAVATHY

1996 INSC 1526Appeal(s) allowed

The appellant, a tenant, occupied a plot owned by the respondent and raised super‑structures. The respondent filed an eviction suit without first giving the tenant a written notice and observing the three‑month waiting period required under Section 11 of the Tamil Nadu City Tenant's Protection Act, …

GANGABAI GOPALDAS MOHATAversusFULCHAND AND OTHERS

1996 INSC 1521Appeal(s) allowed

Gangabai Gopaldas Mohata (appellant) owned Nazul land that was leased to several lessees. After a compromise decree required the lessees to vacate, the Municipal Council attached the property for alleged tax arrears and auctioned it. The court ordered that the sale would be cancelled if the …

AMBALAL SARABHAI ENTERPRISES LTD. AND ORS.versusPRAKASH CHANDRA ARYA

1996 INSC 1510Disposed off

Ambalal Sarabhai Enterprises Ltd. and others appealed against a decree appointing a Receiver over premises occupied by the respondent, Prakash Chandra Arya. The Calcutta High Court Division Bench had declined to interfere with the single judge’s order appointing the Receiver. The Supreme Court, …

STATE OF PUNJAB AND ORS.versusM/S SURINDER KUMAR AND CO. AND ORS.

1996 INSC 1470Appeal(s) allowed

The respondents, who held licences to sell Indian-made foreign liquor in Ludhiana, had their licences cancelled by the Excise Department on grounds of illegalities. They filed writ petitions alleging that the Minister for Excise acted mala fide in the cancellation. The Punjab & Haryana High Court …

SULTANA BEGUMversusPREM CHAND JAIN

1996 INSC 1455Appeal(s) allowed

The landlady Sultana Begum obtained a decree for eviction of her tenant Prem Chand Jain. The tenant claimed that possession had been handed over to the landlady's attorney, who then allowed him to remain as a licencee on payment of a licence fee, arguing that this amounted to an adjustment of the …

MAJOR SINGHversusRATTAN SINGH (DEAD) BY LRS. AND ORS.

1996 INSC 1464Dismissed

Daulat Singh executed a Will in 1974 bequeathing his property to his brother Rattan Singh, who died shortly thereafter. The appellant, a sister, challenged the Will and the respondents filed a suit for declaration based on it. The trial court dismissed the suit, a first appellate court affirmed, but …

BEHARILAL AND ANR.versusSMT. BHURI DEVI AND ORS.

1996 INSC 1439Appeal(s) allowed

The Rajasthan Government’s Mandi Committee allotted two plots to Beharilal in 1953, issued a patta and delivered possession in 1954. After the patta was cancelled in 1956, the same plots were re‑allotted to Ram Gopal (husband of Bhuri Devi) and possession was handed over to him. Criminal proceedings …

U.P. STATE SUGAR CORPORATIONversusM/S SUMAC INTERNATIONAL LTD.

1996 INSC 1433Appeal(s) allowed

The U.P. State Sugar Corporation entered into a contract with M/s Sumac International Ltd. for the supply and installation of a sugar plant, requiring the seller to furnish several irrevocable bank guarantees payable on demand. The contract was not completed within the stipulated or extended time, …

THE RECOVERY OFFICER, LAKHIMPUR AND ORS.versusSMT. RAVINDRA KAUR AND ORS.

1996 INSC 1435Dismissed

The Recovery Officer, under the Uttar Pradesh Co-operative Societies Act, 1965, initiated recovery proceedings under Section 91 to attach and sell the lands of members who had defaulted on loans taken for seeds and manure. The members contended that the statutory charge created by Section 39(a) …

MANOJ BEHARI LAL MATHUR AND ANR.versusDR. SHANTI MATHUR AND ORS.

1996 INSC 1425Dismissed

The appellants' mother filed a suit for perpetual injunction against Dr. Shanti Mathur to prevent alienation of a family property, later filing suits for partition and for a declaration that Dr. Mathur was a benamidar and the property belonged to the joint family. An application was made to amend …

STATE OF TAMIL NADU AND ORS. ETC.versusS. THANGAVEL AND ORS. ETC.

1996 INSC 1418Dismissed

The Supreme Court examined whether the Tamil Nadu Government could prepare a supplementary promotion list after an annual list had been prepared, despite no vacancies existing on the prescribed date, when new posts were later created due to administrative reorganisation. It held that the Rules do …

JAGTAR SINGHversusPARGAT SINGH AND ORS.

1996 INSC 1396Dismissed

The elder brother of the petitioner filed a declaratory suit seeking to declare a 1990 decree null and void, which had been upheld by the Subordinate Judge, Hoshiarpur. The petitioner appealed the decree to the Additional District Judge, but his counsel, on 15 September 1995, announced that the …

BANSILAL FARMS ETC.versusUMARANI BOSE AND ORS.

1996 INSC 1374Appeal(s) allowed

The dispute concerned the Nalban Fishery, which was part of a partition suit among members of the Sarkar family. While the suit was pending, the State of West Bengal requisitioned the fishery under Section 3(1) of the West Bengal Land Requisition and Acquisition Act, 1948, and took possession in …

SURESH KUMAR JAINversusSHANTI SWARUP JAIN AND ORS.

1996 INSC 1362Appeal(s) allowed

The appellant, a tenant inducted in 1973, challenged an eviction suit filed by the landlord in 1990, arguing that the suit was barred under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the ten‑year exemption period for newly constructed …

C.S. VENKATASUBRAMANIANversusSTATE BANK OF INDIA

1996 INSC 1366Disposed off

The appellant, an advocate, represented State Bank of India in a suit to recover a sum of Rs. 2.42 crore. He issued a public notice that was contrary to the bank's interests, causing the bank to lose confidence in him and request a No Objection Certificate to engage new counsel. The advocate …

RAM DAS ALIAS RAM SURAJversusSMT. GANDIABAI AND ORS.

1996 INSC 1350Appeal(s) allowed

Ram Das, a minor when his father died, sought partition of his undivided half share in ancestral property. The defendant uncle claimed that Ram Das had been adopted by his stepfather before his mother's remarriage, that a partition had already occurred during his father's lifetime, and that the …

M/S SANT RAM AND COMPANYversusTHE STATE OF RAJASTHAN AND ORS.

1996 INSC 1347Dismissed

The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against …

M/S BENGAL WATERPROOF LIMITEDversusMIS BOMBAY WATERPROOF MANUFACTURING CO. AND ANR.

1996 INSC 1321Appeal(s) allowed

Bengal Waterproof Ltd., holder of the registered trademark ‘Duck Back’, sued Bombay Waterproof Manufacturing Co. for infringement and passing off. The first suit (1980) was dismissed, and a second suit (1982) was filed alleging continuous infringement after the first suit. The trial court and High …

BRIG. SAWAI BHAWANI SINGHversusM/S. INDIAN HOTELS COMPANY LTD.

1996 INSC 1328Dismissed

The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the …

JAI DAYAL AND ORS.versusKRISHAN LAL GARG AND ANR.

1996 INSC 1298Appeal(s) allowed

Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that …

ANOKHE LALversusRADHAMOHAN BANSAL AND OTHERS.

1996 INSC 1265Appeal(s) allowed

The landlord filed an eviction suit against a partnership firm. The son of a deceased partner sought to be impleaded as an additional defendant, first under Order I Rule 10(2) CPC and later under Order 30 Rule 4 CPC, both applications being dismissed by the trial court and the district court. While …

MITHILESH KUMARversusMANOHAR LAL

1996 INSC 1257Appeal(s) allowed

Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily …

NAHAR SINGHversusHARNAK SINGH AND ORS.

1996 INSC 1245Dismissed

The appellant entered into an agreement of sale for immovable land that was described only in vague terms, lacking exact area, boundaries, and khasra numbers. The trial court granted specific performance without examining the identifiability of the property. On appeal, the lower appellate court held …