Created by Fuzzy Cloud

Code of Civil Procedure, 1908

4176 judgments · newest first · showing 3801–4000

P. UDAYANI DEVIversusV.V. RAJESHWARA PRASAD RAO AND ANR.

1995 INSC 140Appeal(s) allowed

A money decree against the respondent led to the auction sale of his property, which was purchased by the appellant. The sale certificate described the property by its boundaries and termed it a "terraced house". The respondent later claimed that only the terraced building, not the adjoining …

RAO MAHMOOD AHMED KHAN THROUGH THEIR L.R.versusSHRI RANBIR SINGH AND ORS.

1995 INSC 126Appeal(s) allowed

The appellant, a government revenue claimant, had the deceased's agricultural land attached and auctioned. The respondent, the highest bidder, was directed to deposit 25% of the bid immediately and the balance within 15 days. He tendered the 25% by cheque on the day of the sale, which was encashed …

STATE OF MAHARASHTRAversusMAHARAU SRAWAN HATKAR

1995 INSC 125Appeal(s) allowed

The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land …

UNION OF INDIAversusSMT. PRATAP KAUR (DEAD) THROUGH LRS. AND ANR. ETC.

1995 INSC 81Appeal(s) allowed

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants …

MAJOR PAKHAR SINGH ATWAL AND ORS.versusSTATE OF PUNJAB AND ORS.

1995 INSC 73Dismissed

The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in …

MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.

1995 INSC 74Dismissed

The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were …

MIRZA MAJID HUSSAINversusSTATE OF M.P. AND ANR .

1995 INSC 54Dismissed

The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition …

KARSONDAS VIRJI THAKKAR AND ANR.versusJAGANNATH SOWAR VAITY AND ORS.

1994 INSC 594Disposed off

In Suit No. 252/80 filed by K.V. Thakkar and others, the High Court appointed a Court Receiver to take custody of the disputed property. In a separate Suit No. 983/90 filed by Jagannath Sowar Vaity and others for declaration of title, three successive judges ordered that the same Court Receiver …

JAMAAT-E-ISLAMI HINDversusUNION OF INDIA

1994 INSC 579Directions issued

The Central Government declared Jamaat‑e‑Islami Hind an unlawful association under the Unlawful Activities (Prevention) Act, 1967, based on alleged statements questioning India's sovereignty. The declaration was referred to a Tribunal, which, relying on a résumé of intelligence reports and …

AMAR CHANDversusBHANO AND ANR.

1994 INSC 570Appeal(s) allowed

Amar Chand had stood as a surety for a decree of Rs.10,000, which included mesne profits, owed by the principal debtor Dia Singh to the decree holder. The decree holder later entered into a compromise with Dia Singh, recording it without any reference to the surety. The question before the Supreme …

SMT. RATNA @ RATNAVATIversusSYNDICATE BANK AND ORS.

1994 INSC 549Dismissed

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the …

STATE OF TAMIL NADU AND ORS.versusANANTHI AMMAL AND ORS.

1994 INSC 532Appeal(s) allowed

The State of Tamil Nadu enacted the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 to acquire land for Harijan welfare projects. The Act was challenged as unconstitutional, alleging violations of Articles 14, 19 and 300A of the Constitution and lack of protection under Articles …

SMT. MEERA BHANJAversusSMT. NIRMALA KUMARI CHOUDHARY

1994 INSC 522Appeal(s) allowed

The plaintiff filed a title suit seeking partition and separate possession of two plots, 73 and 74. The trial court granted partition of plot 73 and a declaration of title for plot 74; the High Court later allowed partition of plot 74 as well. The defendant filed a review petition under Order 47, …

BIBIJAN AND ORS.versusMURLIDHAR AND ORS.

1994 INSC 519Dismissed

The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed …

ANIL KUMAR SINGHversusSHIVNA TH MISHRA @ GADASU GURU

1994 INSC 485Dismissed

Daulat Singh filed a suit for specific performance of a land sale; he died and his son continued as legal representative. The plaintiff sought to amend the plaint to implead Shivnath Mishra, alleging Mishra had become a co‑owner of the land by a decree under the U.P. Zamindari Abolition and Land …

STATE OF MIZORAMversusBIAKCHHAWNA

1994 INSC 459Appeal(s) allowed

The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. …

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

1994 INSC 448Disposed off

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

NOORDUDDINversusDR. K.L. ANAND

1994 INSC 452Appeal(s) allowed

The appellant, Noorduddin, claimed an independent right, title and interest in land (Khasra No.179) that he alleged was part of his ancestral property and not covered by the sale of evacuee lands (Khasra Nos.13 and 14) to Dr. K.L. Anand. The respondent sought possession of the latter parcels under a …

SRIKANT KASHINATH JITURI AND ORS.versusCORPORATION OF THE CITY OF BELGAUM

1994 INSC 440Dismissed

The Corporation of the City of Belgaum revised property tax in 1984, and the plaintiffs filed a representative civil suit alleging that the increase was arbitrary, unreasonable, illegal, that assessors inspected properties without notice, and were pressured to raise taxes. The suit was dismissed by …

BABUA RAMversusSTATE OF U.P.

1994 INSC 437Disposed off

The case concerned the interpretation of Section 28A of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act, particularly its prospective operation, the definition of “aggrieved person”, the computation of the three‑month limitation period, and whether awards of higher compensation …

BHANWAR LALversusSATYANARAIN AND ANR.

1994 INSC 431Appeal(s) allowed

The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court …

MANAGING DIRECTOR, ETC.versusK. RAMACHANDRA NAIDU AND ANR.

1994 INSC 393Appeal(s) allowed

The first respondent, a private transport operator, filed a writ petition in the Madras High Court challenging the scheme of nationalisation under Section 68(d) of the Motor Vehicles Act, 1939. The High Court allowed the petition and the appellant, the Managing Director, filed a timely writ appeal, …

BLOOM DEKOR LTD. ETC. ETC.versusSUBHASH HIMATLAL DESAI AND ORS. ETC.

1994 INSC 372Disposed off

Bloom Dekor Ltd., a public company, issued a public share offering that was oversubscribed. A group of investors, seeking to avoid losses from speculative out‑of‑the‑ring transactions, filed a series of suits and applications in various courts (Morvi, Prantij, Baroda, Ahmedabad) alleging that the …

SMT. SHANTI DEVI AND ORS.versusSTATE OF RAJASTHAN AND ORS .

1994 INSC 340Dismissed

The appellants challenged the acquisition of land under the Rajasthan Land Acquisition Act, claiming that a subsequent order dated 4 November 1985 had regularised the conversion of agricultural land to non‑agricultural use and vested title in them. They relied on this order, which was produced for …

P V. SANAKARA KURUPversusLEELAVATHY NAMBIAR

1994 INSC 320Dismissed

The petition challenged a Kerala High Court judgment that had set aside earlier findings that the petitioner, P.V. Sankara Kurup, was merely an agent and holder of a power of attorney for the respondent, Leelavathy Nambiar, and had purchased a Thavazhy property in his own name using the respondent’s …

BIJENDRA NATH SRIVASTAVA (DEAD) THROUGH LRS.versusMAYANK SRIVASTAVAAND ORS.

1994 INSC 311

The parties to a family arbitration agreement divided joint family property among six branches, with a retired district judge acting as arbitrator. After the award was registered, objections were filed, and later amended to include new allegations of arbitrator misconduct. The High Court set aside …

SHRI BHAJANLAL, CHIEF MINISTER, HARYANAversusMIS JINDAL STRIPS LTD. AND ORS .

1994 INSC 303

The Chief Minister of Haryana challenged a writ petition alleging that the High Court had transferred his case from a Tax Bench to a bench presided over by the then Acting Chief Justice, S.S. Sodhi, and later back again, claiming this indicated bias. The appellant sought a transfer of the case on …

SH. BAKSHI RAM AND ORS.versusSH. BRIJ LAL

1994 INSC 269Appeal(s) allowed

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

MRS. KAVITA TREHAN AND ANR.versusBALSARA HYGIENE PRODUCTS LTD.

1994 INSC 235

The appellants, clearing and forwarding agents for Balsara Hygiene Products Ltd., obtained an ex‑parte injunction that allowed them to sell the respondent's goods, resulting in sales worth Rs 32.4 lakhs. The suit was later dismissed on the ground of non‑registration of the partnership under Section …

OIL AND NATURAL GAS COMMISSIONversusUTPAL KUMAR BASU AND ORS.

1994 INSC 223

Engineers India Limited, acting as consultant for the Oil and Natural Gas Commission (ONGC), advertised a tender for a Kerosene Recovery Processing Unit in newspapers across India, including West Bengal. NICCO, a company with its registered office in Calcutta, learned of the tender, submitted its …

CORPORATION BANKversusD.S. GOWDA AND ANR.

1994 INSC 222Disposed off

Corporation Bank advanced an overdraft facility to D.S. Gowda for construction of flats, later securing the debt by an equitable mortgage and charging interest at 16.5% per annum with quarterly rests. The borrower contested the rate as excessive and argued that the RBI circulars and the Mysore …

MORGAN STANLEY MUTUAL FUNDversusKARTICK DAS

1994 INSC 220Disposed off

Morgan Stanley Mutual Fund, a SEBI‑registered domestic mutual fund, sought to issue a public fund scheme after obtaining SEBI approval for its draft scheme and advertising the issue. A prospective investor filed a petition before the Calcutta District Consumer Disputes Redressal Forum seeking an …

MOHAN LALversusSHRI HARI PRASAD YADAV AND ORS.

1994 INSC 213Dismissed

An auction of the judgment debtor's property was held on 25 May 1981. The debtor's objections under Order 21 Rule 90 were dismissed on 4 May 1982, after which he filed an application under Order 21 Rule 89 on 28 May 1982 seeking to set aside the sale. The executing court entertained the application, …

SATISH CHANDRAversusREGISTRAR OF COOPERATIVE SOCIETIES, DELHI.

1994 INSC 166

The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did …

UNION OF INDIAversusM/S. JAIN ASSOCIATES AND ANR.

1994 INSC 161

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting …

SUBHASH DESAIversusSHARAD J. RAO AND ORS.

1994 INSC 136Dismissed

Subhash Desai, elected from Goregaon as a Shiv Sena candidate, was challenged by Sharad J. Rao of Janata Dal for alleged corrupt practices. The election petition alleged that Desai had appealed to voters on religious grounds, published a false newspaper report to vilify Rao, and incited communal …

P.K. VIJAYANversusKAMALAKSHI AMMA AND ORS.

1994 INSC 131Dismissed

The landlords filed an eviction petition under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, which the Rent Controller accepted, directing them to sue in civil court. The tenant first sought relief under Section 72B of the Kerala Land Reforms Act, claiming assignment of …

STATE OF GUJARATversusMEGHJI PETHRAJ SHAH CHARITABLE TRUST

1994 INSC 130Appeal(s) allowed

In 1954, Shri M.P. Shah donated Rs.15 lakh to the Government of Saurashtra for establishing a medical college, with the condition that he or his nominee could nominate 10% of the seats for admission. The Government of Gujarat later decided to discontinue the donor's 12-seat quota, invoking the …

UNION OF INDIA AND ORS.versusSCIENTIFIC WORKERS ASSOCIATION (REGD.) KANPUR AND ORS.

1994 INSC 123Appeal(s) allowed

The Board of Arbitration under the Joint Consultative Machinery (JCM) Scheme awarded a higher pay scale to Senior Scientific Assistants effective 22 September 1982. The Government of India, without invoking the procedure in Clause 21 of the JCM Scheme, decided to implement the award from 1 January …

B. SIVANANDAversusTHE ANDHRA BANK LTD. AND ANR.

1994 INSC 125Disposed off

The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for …

KRISHANLALversusSTATE OF JAMMU AND KASHMIR

1994 INSC 92Case Allowed

Krishanlal, a clerk in the Jammu & Kashmir Home Guards, was investigated by the Anti‑Corruption Commission under the J&K (Government Servants) Prevention of Corruption Act, 1962. The Commission recommended his dismissal, but the authorities failed to furnish him a copy of the inquiry proceedings as …

SETHI ROOP LALversusMRS. MALTI THAPAR AND ORS.

1994 INSC 72

The appellant contested the 1992 Moga Assembly election, losing by seven votes, and filed an election petition alleging that 22 bogus votes were cast for the winning respondent by impersonating dead electors. The petition sought production of the ballot paper account and the marked copies of …

R.M. INVESTMENT AND TRADING CO. PVT. LTD.versusBOEING CO. AND ANR.

1994 INSC 62Dismissed

R.M. Investment & Trading Co. (RMI) entered into a consultancy agreement with Boeing to promote sales of aircraft in India and later claimed a commission of US$17.5 million after Boeing sold two aircraft to Air India. The agreement contained an arbitration clause, and Boeing invoked Section 3 of the …

THE ANDHRA PRADESH STATE FINANCIAL CORPORATIONversusGAR RE-ROLLING MILLS AND ANR.

1994 INSC 64

The Andhra Pradesh State Financial Corporation (the appellant) had advanced loans to Gar Re‑rolling Mills (the respondent) which defaulted, leading the corporation to first obtain an order under Section 31 of the State Financial Corporations Act and later to invoke Section 29 to sell the mortgaged …

RAVI S. NAIK AND SANJAY BANDEKAR AND ANR.versusUNION OF INDIA AND ORS.

1994 INSC 57Dismissed

The case concerned disqualification of members of the Goa Legislative Assembly under Article 191(2) read with the Tenth Schedule. Bandekar and Chopdekar were disqualified for allegedly having voluntarily given up their MGP membership, while Naik was disqualified on similar grounds after claiming a …

GURJOGINDER SINGHversusSMT. JASWANT KAUR AND ANR.

1994 INSC 58

The appellant, a tenant, was evicted by the landlord (respondent No.1) under an ex‑parte order, which was later set aside, and the tenant obtained a restoration order under Section 144 of the Code of Civil Procedure. Before the warrant could be executed, respondent No.2 claimed to be a bona‑fide …

RAMANKUTTY GUPTANversusAVARA

1994 INSC 42

The appellant, a vendor, sought rescission of a contract of sale under Section 28 of the Specific Relief Act, 1963, alleging the respondent failed to pay the balance consideration within the time fixed by an appellate decree for specific performance. The decree, passed by the appellate court, was …

DEEP CHAND AND ORS.versusLAND ACQUISITION OFFICER AND ORS.

1994 INSC 40Dismissed

The State Government acquired 2 acres 46 cents of land belonging to Deep Chand, who objected under Section 49(1) of the Land Acquisition Act, 1894, insisting that the whole property, including his factory and office, should be taken. The Collector referred the dispute to the Civil Court, which held …

BILLA JAGAN MOHAN REDDY AND ANR.versusBILLA SANJEEVA REDDY AND ORS.

1994 INSC 34Appeal(s) allowed

The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their …

HINDALCO INDUSTRLES LTD.versusUNION OF INDIA AND ORS.

1993 INSC 391Dismissed

Hindalco Industries Ltd. complained that the Indian Railways continued to levy freight charges based on an inflated distance of 714 km even after a new line reduced the actual distance to 568 km. The company filed a complaint under Section 36(b) of the Railways Act, 1989 seeking a declaration that …

SVENSKA HANDELSBANKENversusMIS INDIAN CHARGE CHROME AND ORS.

1993 INSC 336Appeal(s) allowed

The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the …

MODI INDUSTRIES LTD.versusSTATE OF UTTAR PRADESH AND ORS.

1993 INSC 335Appeal(s) allowed

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

SULOCHANA AMMAversusNARAYANAN NAIR

1993 INSC 311Dismissed

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from …

DESH BANDHU GUPTAversusN L. ANAND AND RAJINDER SINGH

1993 INSC 301Appeal(s) allowed

The appellant, a tenant, had deposited rent exceeding the decretal amount before execution proceedings were initiated. The execution court, without serving any notice to the judgment debtor, sold his 550‑sq‑yard plot to the second respondent for Rs 1,05,000, despite the decree debt being only Rs …

SIRAJ AHMAD SIDDIQUIversusSHRI PREM NATH KAPOOR

1993 INSC 293Appeal(s) allowed

The landlord filed a suit for ejectment and recovery of rent arrears against the tenant. The tenant applied for time to file a written statement and to deposit the entire arrears under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the …

SATYANARAIN BAJORIA AND ANR.versusRAMNARAIN TIBREWAL AND ANR.

1993 INSC 291

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

PAVITRI DEVI AND ANR.versusDARBARI SINGH AND ORS.

1993 INSC 286Appeal(s) allowed

Brahmadeo Singh, a coparcener in a Mitakshara joint family, filed a suit for partition of his share. The suit was dismissed and while the appeal was pending he died. His alleged daughter, Pavitri Devi, filed an application for substitution, claiming she was his heir and that a registered gift deed …

K. PARAMESWARAN PILLAI(DEAD)versusK. SUMATHI@ JESIS JESSIE JACQUILINE & ANR.

1993 INSC 287Dismissed

The case concerned a usufructuary mortgage created in 1947 and a second mortgage in 1966, where the mortgagee filed a redemption suit and obtained a preliminary decree requiring payment by May 6, 1970. The mortgagee later withdrew an earlier interlocutory application and, after the mortgagor …

SUBODH KUMAR GUPTAversusSHRIKANT GUPTA AND ORS.

1993 INSC 270Dismissed

The plaintiff, a partner in a firm whose head office was in Bombay and factory in Mandsaur, filed a suit in the Chandigarh Court seeking dissolution of the partnership and rendition of accounts, alleging that the firm had a branch office in Chandigarh. The defendants contended that the Chandigarh …

RAMCHANDRA GANPAT SHINDE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 267Appeal(s) allowed

The dispute concerned the election of the managing committee of Shri Vathal Sakhar Sehakari Karkhana Ltd., a specified cooperative society whose term expired on 3 December 1991. The final list of voters was published on 17 December 1991, but the State Government postponed the election to 30 …

HIS HIGHNESS MAHARAJA PRATAP SINGHversusHER HIGHNESS MAHARANI SAROJINI DEVI AND ORS.

1993 INSC 268Appeal(s) allowed

The Supreme Court examined two disputes concerning properties bought by the former ruler of Nabha, R.S., benami in the names of others. The first involved the Simla property (Sterling Castle) and the second the Delhi property (34 Alipur Road). The Court held that the rule of primogeniture, which …

SRI RAJ RAJESHWARI PRASAD SINGHversusSH. SHASHI BHUSHAN PRASAD SINGH AND.ORS.

1993 INSC 252Dismissed

The appellant, a grandson, sought to reopen a preliminary ex‑parte decree in a title suit concerning a Hindu joint family property, claiming that his grandmother's life estate under a 1942 compromise decree had become an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, and that …

GURUCHARAN KOERI AND ORS.versusBIBI SHAMSUNISSA

1993 INSC 248Appeal(s) allowed

The appellants filed a suit for redemption of a mortgage dated 28 July 1916 that covered five plots (557, 558, 559, 564, 565). They sought redemption of two plots, 565 and 551, the latter not being part of the mortgage. The trial court dismissed the suit, the first appellate court decreed in favour …

FOOD CORPORATION OF INDIA AND ORSversusE. KUTTAPPAN

1993 INSC 221Appeal(s) allowed

The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed …

PRITHVICHAND RAM CHAND SABLOKversusS.Y. SHINDE

1993 INSC 199Appeal(s) allowed

The landlord filed an eviction suit under Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which was settled by a compromise decree granting the tenant a grace period to pay arrears and vacate by 10 October 1970, with a concession that the landlord would not …

SHIV KUMAR CHADHAversusMUNICIPAL CORPORATION OF DELHI AND ORS.

1993 INSC 178Appeal(s) allowed

The Supreme Court examined whether the Delhi Municipal Corporation Act, 1957 bars civil courts from entertaining suits challenging demolition orders of unauthorised constructions. It held that the Act creates a statutory scheme that ousts court jurisdiction, and suits are maintainable only if there …

INACIO MARTINS DECEASED THROUGH LRS.versusNARA YAN HARI NAIK AND ORS.

1993 INSC 145Appeal(s) allowed

Inacio Martins filed a suit for declaration and injunction concerning his tenancy of a coconut grove, which was dismissed because he was not in possession. He subsequently filed a suit for restoration of possession, alleging unlawful dispossession by the defendants. The defendants contended that the …

SMT. PARKASH KAURversusSMT. SANDHOORAN AND ANR.

1993 INSC 129Appeal(s) allowed

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

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

1993 INSC 112Dismissed

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

CHIRANJILAL SHRILAL GOENKA(DECEASED) THROUGH LRversusJAGJIT SINGH AND ORS.

1993 INSC 102Disposed off

The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as …

UNITED SALT WORKS AND INDUSTRIES LTD.versusNATIONAL INSURANCE CO. LTD AND ORS.

1993 INSC 100Disposed off

Bihar Supply Syndicate bought salt from United Salt Works and arranged its shipment from Kandla to Calcutta via a chartered vessel. The cargo was insured for Rs 9.5 lakh under a marine policy with Institute Cargo Clauses (FPA) covering warehouse‑to‑warehouse risks. The vessel suffered engine …

NANDYAL CO-OP. SPINNING MILLS LTD ..versusK.V. MOHAN RAO

1993 INSC 85Dismissed

The respondent, K.V. Mohan Rao, entered into a building contract with Nandyal Co‑Op Spinning Mills Ltd. that contained a clause mandating that all disputes be referred to a sole arbitrator appointed by the owner’s Administrative Head, with no objection to the arbitrator being the owner’s …

STATE OF HARYANA AND ORS.versusKARNAL CO-OP. FARMERS SOCIETY LIMITED ETC. ETC.

1993 INSC 80Dismissed

The case concerned the constitutionality of the Punjab Village Common Lands (Regulation) Haryana Amendment Acts of 1974 and 1981, which sought to retrospectively bar civil courts from adjudicating disputes over village common lands (shamilat deh) and to empower Assistant Collectors to disregard …

SALIL DUTTAversusT.M. AND M.C. PRIVATE LTD.

1993 INSC 48Appeal(s) allowed

The plaintiff, Salil Dutia, sued T.M. & M.C. Pvt. Ltd. for ejectment on grounds of rent default and personal occupation. The suit, after a seven‑year pendency, was scheduled for final hearing on 9 June 1988, but the defendant failed to appear, relying on alleged advice from its counsel that it need …

R.S.D.V. FINANCE CO. PVT. LTD.versusVALLABH GLASS WORKS LTD.

1993 INSC 33Appeal(s) allowed

R.S.D.V. Finance Co. deposited Rs.10,00,000 with Vallabh Glass Works for 90 days at 19% interest. When the deposit matured, the defendant failed to pay and issued five post‑dated cheques that later bounced, prompting a summary suit. The defendant argued that the deposit receipt’s endorsement …

UNION OF INDIAversusSHER SINGH AND ORS.

1993 INSC 27Appeal(s) allowed

The State of Haryana acquired land in Gurgaon for the National Security Guard at the request of the Union of India. Landowners filed reference petitions under Section 18 of the Land Acquisition Act, 1894 seeking higher compensation. The Union of India applied to be impleaded as a respondent, arguing …

ANWARI BASAWARAJ PATIL AND ORS.versusSIDDARAMAIAH AND ORS.

1993 INSC 25Dismissed

The first respondent, a defeated candidate, filed an election petition challenging the election of the appellant. The appellant filed a recrimination notice under Section 97 of the Representation of the People Act, 1951, but did so beyond the 14‑day period prescribed, and sought condonation of the …

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

1993 INSC 15Dismissed

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

RUKMINI AMMA SARADAMMAversusKALL YANI SULOCHANA AND ORS.

1992 INSC 344Appeal(s) allowed

The appellant, a landlady, sought eviction of the tenant on grounds of rent arrears and a claim to demolish the shed. After the Rent Controller ordered eviction only on rent default, the landlady obtained a reversal of the bona fide need finding on appeal, prompting the tenant to file revisions …

SMT. THAKAMMA MATHEWversusM. AZAMATHULLA KHAN AND ORS.

[1992] SUPP. 3 S.C.R. 544Appeal(s) allowed

Smt. Thakamma Mathew sold a property to M. Azmathulla Khan and later cancelled the agreement when the sale was not completed by the stipulated date. She sued for cancellation, possession and damages. The trial court cancelled the agreement and ordered restitution and damages. The Karnataka High …

BANWARI LALversusSMT. CHANDO DEVI (THROUGH L.R.) AND ANR.

1992 INSC 341Appeal(s) allowed

Banwari Lal filed a suit which was dismissed by the Subordinate Judge on the basis of a petition of compromise filed on his behalf. Banwari Lal later alleged that the petition was fraudulent, unsigned by the respondent and filed through a colluding advocate. The Subordinate Judge, after finding the …

AA. HAJA MUNIUDDINversusINDIAN RAILWAYS

1992 INSC 318Appeal(s) allowed

The appellant dispatched marble slabs by rail, which were damaged in an accident, and filed a claim for Rs.1,05,000 before the Railway Claims Tribunal. The Tribunal required a filing fee of Rs.2,055 under Section 16(2) of the Railway Claims Tribunal Act, 1987, but the appellant could not pay and …

KISHAN SINGHversusSTATE OF UTTAR PRADESH

1992 INSC 297Appeal(s) allowed

Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor …

INDIA METERS LTD., MADRASversusPUNJAB STATE ELECTRICITY BOARD AND ORS.

1992 INSC 229Appeal(s) allowed

India Meters Ltd responded to a tender by offering to supply electricity meters on its own payment terms, including a request to waive a bank guarantee. The Punjab State Electricity Board issued a purchase order for 75,000 meters but retained its own payment conditions and required samples, also …

HINDUSTAN CONSTRUCTION CO. LTD.versusSTATE OF JAMMU AND KASHMIR

1992 INSC 225Appeal(s) allowed

Hindustan Construction Co. Ltd. entered into a bridge‑construction contract with the State of Jammu & Kashmir and, after disputes, the matter was referred to arbitration. The arbitrators awarded the contractor on several items, including full amounts on items 2 and 5 and interest on the total claim, …

MANI RAM AND ANR.versusHARI SINGH AND ORS.

1992 INSC 180Dismissed

In Mani Ram & Anr. v. Hari Singh & Ors., the Supreme Court examined applications filed under Order 22 Rules 3 and 9 of the Code of Civil Procedure, read with Section 151, seeking to bring the legal representatives of a deceased appellant on record in a regular second appeal. The Punjab & Haryana …

P.A. OOMMENversusMORAN MAR BASELIUS MARTHOMA

1992 INSC 175Dismissed

The appellant, a plaintiff in a suit that was tried together with another suit and dismissed by a common judgment, filed an appeal in the High Court accompanied by a printed copy of the judgment but not a certified copy. He argued that the time taken by the other plaintiffs to obtain a certified …

PATEL NARANBHAI MARGHABHAI AND ORS.versusDECEASED DHULABHAI GALBABHAI AND ORS.

1992 INSC 170Dismissed

The mortgagor, an agriculturist, hypothecated two parcels of land to a mortgagee under the Bombay Agricultural Debtors Relief Act, 1947. After default, the mortgagee obtained an execution and, although a compromise discharged the debt, it retained possession of the lands. The mortgagor’s …

MRS. PAYAL ASHOK KUMAR JINDALversusCAPT. ASHOK KUMAR JINDAL

1992 INSC 150Appeal(s) allowed

Mrs. Payal Jindal married Capt. Ashok Kumar Jindal on 24 January 1988. The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act on 16 August 1988 alleging cruelty. The wife denied the allegations and sought transfer of the case from the Family Court, Pune to Delhi, …

K.A.ANTHAPPAIversusC. AHAMMED

1992 INSC 149Appeal(s) allowed

The landlord, K.A. Anthappai, sought eviction of his tenant, C. Ahmed, under sections 11(3) and 11(4)(ii) of the Kerala Buildings (Lease & Rent Control) Act, claiming the building was needed bona‑fide for his residence after retirement. The Rent Controller dismissed the petition, finding no …

STATE BANK OF INDIAversusINDEXPORT REGISTERED AND ORS.

1992 INSC 146Appeal(s) allowed

The State Bank of India (SBI) granted a packing credit to a partnership and secured it by an equitable mortgage of a shop and a personal guarantee. SBI obtained a composite decree comprising a money decree against all defendants, including the guarantor, and a mortgage decree for sale of the shop. …

CHANDRIKA SINGH AND ORS.versusRAJA VISHWANATH PRATAP SINGH AND ANR.

1992 INSC 116Appeal(s) allowed

The appellants appealed against a civil suit for possession of a plot in Varanasi, contending that the land was agricultural and thus fell within the U.P. Zamindari Abolition and Land Reforms Act, 1950. The respondents argued that the land was "abadi" (non‑agricultural) and that the civil court …

MANAGER, FARIDKOT, PUNJAB, ETC. ETC.versusMAKHAN SINGH AND ANR. ETC. ETC.

1992 INSC 115Appeal(s) allowed

The Punjab government acquired about 50 acres of land for the Food Corporation of India (FCI) and the District Collector awarded Rs.30,000 per acre. Both the landowners and FCI sought references under Section 18 of the Land Acquisition Act, 1894; the reference court barred FCI’s reference but fixed …

K.M. SINGHversusSECRETARY, ASSOCIATION OF INDIAN UNIVERSITIES AND OTHERS

1992 INSC 110Dismissed

K.M. Singh, a finance officer of the Association of Indian Universities, sued to declare that his resignation was obtained by fraud, coercion and duress. He offered that if two officials of the respondent took a special oath in a Gurudwara and a temple stating the resignation was not extracted under …

GANPATRAO GULABRAO PAWAR AND ORS.versusSTATE OF MAHARASHTRA

1992 INSC 104Case Partly allowed

The petitioners, agricultural landholders, filed returns under the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961. The Collector held that the first petitioner’s holding was 124 acres 23 guntas, below the ceiling, and therefore not a surplus holder. The petitioner appealed this …

BASANAGOUDAversusDR. S. B. AMARKHED AND ORS.

1992 INSC 98Case Partly allowed

Basanagouda was elected to the Karnataka Legislative Assembly and was challenged by Dr. S. B. Amarkhed, the nearest unsuccessful candidate, who alleged booth‑capturing and rigging of votes. The High Court, relying on Order XI Rule 14 and Order XVI Rule 6 of the CPC, ordered the production of various …

ANITA LAXMI NARAYAN SINGHversusLAXMI NARAIN SINGH

1992 INSC 86Appeal(s) allowed

Anita Laxmi Narayan Singh married Laxmi Narain Singh in 1987. The husband filed a divorce petition under Section 13 of the Hindu Marriage Act in Bombay. The wife, residing in Ghaziabad, had to travel long distances to defend herself and applied for interim maintenance and travel expenses. The …

YASHPAL SINGHversusVIII ADDL. DISTRICT JUDGE AND ORS.

1992 INSC 74Appeal(s) allowed

Respondent No.3 obtained a permanent injunction against the State of U.P. and its Forest Department to prevent interference with his right to cut trees on his land. Later, Smt. Lagan Devi secured a temporary injunction restraining Respondent No.3 from cutting trees on her plot, invoking the earlier …

RAMESH HIRANAND KUNDANMALversusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.

1992 INSC 62Appeal(s) allowed

Ramesh H. Kundanmal, a dealer operating a service station under a lease with Hindustan Petroleum Corporation Ltd (HPCL), challenged a demolition notice issued by the Municipal Corporation of Greater Bombay under section 351 of the Municipal Corporation Act. HPCL applied to be impleaded as an …

OM PRAKASH AND ANR.versusJAI PRAKASH

1992 INSC 3Appeal(s) allowed

The plaintiff claimed ownership of agricultural land purchased through four sale deeds in which the defendants were named only as benamidar, alleging the defendants held the property benami. The trial court dismissed the suit, but the first appellate court reversed the decision, and the High Court …

SMT. PARVATIBAI SUBHANRAO NALAWADEversusANWARALI HASANALI MAKANI AND ORS. ETC.

1991 INSC 349Appeal(s) allowed

The appellant, daughter and heir of a tenant, sought possession of an identical area in a newly constructed building as promised in a consent decree that required the landlord‑bank to give her an equal premises after demolition of the old building. The landlord complied with the demolition but …

DALPAT KUMAR AND ANR.versusPRAHLAD SINGH AND ORS.

1991 INSC 341Appeal(s) allowed

The first appellant, Dalpat Kumar, entered into a contract to purchase a house and obtained a decree for specific performance, after which the sale deed was executed by the court. The respondent's family repeatedly sought temporary injunctions to prevent the appellant from taking possession, which …

SMT. AMBALIKA PADHI AND ANRversusRADHAKRISHNA PADHI AND ORS.

1991 INSC 326Appeal(s) allowed

Urmila Padhi filed a suit for declaration of title based on a 1968 partition and later died during the proceedings. Her brother’s son and sister were brought in as legal representatives under a deed of settlement and a will executed by her. The trial court upheld the suit, finding the settlement and …

SHREE BHARAT LAXMI WOOL STORE, PANIPAT AND ORS.versusPUNJAB NATIONAL BANK AND ANR.

1991 INSC 319Disposed off

Punjab National Bank sued Shree Bharat Laxmi Wool Store for Rs.81,137.39. The Sub‑Judge decreed interest at the contractual rate of 10½% from the date of suit to realization. On appeal, the district court reduced the future interest to 6% per annum, but the High Court restored the 10½% rate. The …

JAGDISH SINGHversusNATTHU SINGH

1991 INSC 315Modified

Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could …

KUMAR SUDHENDU NARAIN DEBversusMRS. RENUKA BISWAS AND ORS.

1991 INSC 291Appeal(s) allowed

The appellant mortgagor and his co‑heirs mortgaged two‑thirds of a property for a loan. A mortgage suit was filed and the trial court passed a preliminary decree on 25‑July‑1962 ordering payment in instalments and authorising a sale on default. Because of non‑payment, a final decree for sale was …

UNION CARBIDE CORPORATION ETC. ETC.versusUNION OF INDIA ETC. ETC

1991 INSC 250Disposed off

The Supreme Court examined the court‑assisted settlement of the Bhopal gas‑leak disaster claims, where Union Carbide Corporation (UCC) agreed to pay $470 million and all civil and criminal proceedings were to be terminated. The Court held that under Article 142 of the Constitution it had …

BYRAM PESTONFL GARIWALAversusUNION BANK OF INDIA AND ORS.

1991 INSC 245Dismissed

The appellant, Gariwala, challenged a decree passed on a compromise that was reduced to writing and signed only by his counsel, arguing that the 1976 amendment to Order XXIII Rule 3 of the CPC required the parties themselves to sign. The respondents contended that the expression "parties" includes a …

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

1991 INSC 242Appeal(s) allowed

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

GHAN SHYAM DAS GUPTA AND ANR.versus. ANANT KUMAR SINHA AND ORS.

1991 INSC 238Appeal(s) allowed

The landlords (appellants) obtained an eviction decree against their tenant, Respondent No.7, but the tenant's relatives (Respondents 1‑5) claimed they were also tenants in their own right and filed a writ petition under Article 226 of the Constitution. The High Court entertained the writ, holding …

HARNAMA SINGH (DEAD) LRS. ON RECORD & OTHERSversusSHRI HARBHAJAN SINGH

1991 INSC 204Dismissed

Three brothers sold land to Harbhajan Singh; the fourth brother, Ujagar Singh, filed four pre-emption suits which were decreed on the condition that the pre-emption money be paid by 30 August 1970. The pre‑emptors appealed for a reduction of the amount and obtained an extension of time for deposit, …

KOYAPPATHODI M. AYISHA UMMAversusSTATE OF KERALA

1991 INSC 188Appeal(s) allowed

Aysha Umma appealed against a Kerala High Court order that had set aside a civil court's award of Rs.3,00,000 as market value of six acres of land and had confirmed a separate capitalisation award for fruit‑bearing trees. The Supreme Court examined the proper method of valuation, holding that land …

PATEL ROADWAYS LIMITED, BOMBAYversusPRASAD TRADING COMPANY

1991 INSC 172Dismissed

Patel Roadways Ltd, a carrier with its principal office in Bombay and subordinate offices elsewhere, was sued in Madras courts for loss of goods transported from its Tamil Nadu and Madras branches to Delhi. The carrier claimed that a clause in its contracts stipulated that any dispute must be heard …

SAGAR MAHAVIDYALAYA, SAGARversusPANDIT SADASHIV RAO HARSHE AND ORS.

1991 INSC 149Appeal(s) allowed

Govind Rao Harshe mortgaged his house and land, and a decree for sale was obtained by the mortgagees. The property was auctioned on 20 August 1942 and the bid was knocked down in favour of Gopal Rao Mutatkar, who was a member of Sagar Mahila Vidyalaya. The auction sale was confirmed on 10 April 1943 …

Y. NARASIMHA RAO AND ORS.versusY. VENKATA LAKSHMI AND ANR.

1991 INSC 142Dismissed

The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack …

F.A. SAPA ETC. ETC.versusSINGORA AND ORS. ETC.

1991 INSC 138Case Partly allowed

In the 1989 Mizoram Assembly elections, fifteen unsuccessful MNF candidates filed election petitions alleging corrupt practices by the elected Congress(I) candidates. The High Court rejected preliminary objections, allowed certain amendments, and struck out vague paragraphs, prompting the returned …

CHANDMALversusFIRM RAM CHANDRA AND VISHWANATH

1991 INSC 135Appeal(s) allowed

The landlord Chandmal filed an eviction suit under section 15(3)(a)(iii) of the Hyderabad House (Rent, Eviction and Lease) Control Act, 1954, claiming the premises for his personal use. The tenant firm denied the claim of permanent tenancy and argued the landlord was not bona fide. The trial court …

MST. SURAYYA BEGUM, ETCversusMOHD. USMAN AND ORS., ETC.

1991 INSC 116Dismissed

The landlords obtained eviction decrees against the legal representatives of original tenants under the Delhi Rent Control Act. Two heirs, who were not joined as parties, challenged the execution of those decrees, asserting independent tenancy rights. The Supreme Court examined whether unjoined …

EAST INDIA CORPORATION LTDversusSHREE MEENAKSHI MILLS LTD.

1991 INSC 102Appeal(s) allowed

The respondent sued the appellant for possession of a building on the ground of wilful default in paying rent of Rs.900 per month. The appellant denied being a tenant, claiming to be a co‑sharer, but the lower courts held it was a tenant and decreed eviction. While the suit was pending, clause (ii) …

R. MCDILL AND COMPANY PVT. LTD.versusGOURI SANKAR SARDA AND OTHERS

1991 INSC 71Appeal(s) allowed

A suit was filed by Gouri Sankar Sarda against R. McDill Co. and Misrilal Bharamchand. The defendants applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit, but the application was withdrawn for a formal defect and the court ordered them to make a fresh application. Instead of …

LAKHAN SAO (DECEASED) NOW THROUGH HIS LEGAL HEIRSversusDHARAMU CHAUDHARY

1991 INSC 54Dismissed

The plaintiff, heirs of the deceased Lakhan Sao, sued Dharamu Chaudhary for declaration of title and possession of land, relying on a 1964 sale deed and challenging an earlier 1959 deed as a sham transaction without consideration. The trial court and its first appeal upheld the plaintiff's title, …

K. VENKATA SESHIAHversusKANDURU RAMASUBBAMMA (DEAD) BY LRS.

1991 INSC 53Disposed off

The petition involved a dispute over the property of a deceased adoptive mother between the adoptive son K.V. Seshiah and his two sons, each claiming rights under different wills. The parties executed a compromise on 21 August 1987, whereby Seshiah agreed to pay each son Rs.1 lakh in exchange for …

S. SURJIT SINGH KALRA ETC.versusUNION OF INDIA AND ANR. ETC.

1991 INSC 36Disposed off

The case concerned two tenants occupying premises let out by Army officers who, as classified landlords under Sections 14B‑14D of the Delhi Rent Control Act, 1958, sought immediate possession for their own residence. The Rent Controller denied the tenants leave to contest the eviction applications, …

ANAYATULLAH AND ORS.versusCOMMISSIONER OF MUSLIM WAKF OF JAMMU

1991 INSC 26Dismissed

The Supreme Court examined whether two State Government orders of 1955 and 1958 granted land to the Ziarat Shareef of Hazrat Baba Ibrahim (a Wakf) or to the father of the defendants in his personal capacity. The Committee of Muslim Wakf sued the managers of the Ziarat, alleging they were treating …

BAYER (INDIA) LTD. AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1991 INSC 25Disposed off

A writ petition before the Bombay High Court challenged a communication of the Municipal Corporation that barred development of a parcel of land near chemical factories. The High Court set aside the communication, thereby affecting the interests of the factory owners who were not parties to the writ …

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

1991 INSC 14

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

K.V. SWAMYNATHAN AND ORS.versusE.V. PADMANABHAN AND ORS.

1990 INSC 401Dismissed

The appellants, sons of K.S. Vaiyapuri Chettiar, claimed ownership of six house doors in Town Survey No. 666/2 based on sale deeds executed in the 1940s and a decree for specific performance. The respondents, occupying the doors, argued that they held the property by long‑term permissive leases and …

HAKIM ALI AND ANR.versusBOARD OF REVENUE U.P. AND ORS.

1990 INSC 391Dismissed

Badlu, the father of Hakim Ali, filed a suit under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking a declaration of bhumidari rights. The suit was dismissed, but the Additional Commissioner reversed the decision, leading the respondent to file a second appeal before …

MUNICIPAL CORPORATION OF DELHIversusPRAMOD KUMAR GUPTA

1990 INSC 388Dismissed

The Municipal Corporation of Delhi appealed against a High Court order that held only stamp duty, and not the surcharge under section 147 of the Delhi Municipal Corporation Act, was payable on a sale certificate issued by a civil court under Order XXI, Rule 94 of the Code of Civil Procedure. The …

PANKAJ BHARGAVA AND ANR.versusMOHINDER NATH AND ANR.

1990 INSC 385Appeal(s) allowed

The landlords and tenants jointly obtained permission for a five‑year limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the landlords sought possession, but the tenants argued that a prior tenancy already existed and that the permission was obtained by …

VLJAY COTION AND OIL MILLS (P) LTD.versusSTATE OF GUJARAT

1990 INSC 377Appeal(s) allowed

Vijay Cotton & Oil Mills Ltd. owned 6 acres in Kutch, which the Government of Gujarat took possession of on 19 November 1949 under an agreement to provide equivalent land, but later issued a notification under Section 6(1) of the Land Acquisition Act on 1 February 1955 to acquire the land. The …

SMT. GITARANI PAULversusDIBYENDRA KUNDU ALIAS DIBYENDRA KUMAR KUNDU

1990 INSC 379Appeal(s) allowed

Gitarani Paul purchased land from the Bauries, who were under‑Raiyats, after the West Bengal Estates Acquisition Act, 1953 came into force. She sued Dibyendra Kundu and Dasarathi Dutta for declaration of title and possession, alleging that on 5 June 1960 the defendants, aided by police, destroyed …

HINDUSTAN PETROLEUM CORPORATION LTDversusYASHWANT GAJANAN JOSHI AND ORS.

1990 INSC 375Dismissed

Hindustan Petroleum Corporation Ltd. (the Corporation) was authorised under the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 to lay a pipeline and appointed Mrs. A.R. Gadre, a Special Land Officer of the Corporation, as the competent authority to determine …

HAMDA AMMALversusAVADIAPPA PATHAR AND 3 OTHERS

1990 INSC 341Appeal(s) allowed

The appellant purchased a suit‑property from the vendors by a sale deed executed on 9 September 1970 and registered it on 26 October 1970. Before the registration, the respondent filed a money suit on 13 September 1970 and obtained attachment before judgment of the property on 17 September 1970, …

R.M. NARAYANA CHETTIAR AND ANOTHERversusN. LAKSHMANAN CHETTIAR AND OTHERS

1990 INSC 317Appeal(s) allowed

The appellants filed a representative suit against the respondents for framing a scheme of a public charitable trust, which required leave under Section 92 of the Code of Civil Procedure. The subordinate court granted the leave on the same day without issuing any notice to the respondents. The …

SMT. ISABELLA JOHNSONversusM.A. SUSAI

1990 INSC 312Dismissed

The landlord (respondent) filed an eviction suit under the Andhra Pradesh Rent Control Act, seeking possession and mesne profits. The tenant (appellant) contended that the City Civil Court lacked jurisdiction, asserting that the matter fell within the exclusive jurisdiction of the Rent Controller …

GURBAX SINGH S/O CHANDA SINGHversusFINANCIAL COMMISSIONER AND ANR.

1990 INSC 296Appeal(s) allowed

The appellant, a retired army subedar and displaced person, bought a 7‑kanal parcel of land in a public auction in 1967 and was issued a sale certificate in 1973, making him the legal owner under the Displaced Persons Compensation and Rehabilitation Rules. The second respondent, also a displaced …

RAMESH CHANDRAversusSHIV CHARAN DASS AND ORS.

1990 INSC 300Dismissed

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

S. HARCHARAN SINGHversusUNION OF INDIA

1990 INSC 258Disposed off

S. Harcharan Singh was contracted to perform hard‑rock cutting for a bridge project at a fixed rate of Rs 129 per 1,000 cft. The work required far more cutting than anticipated, and the contractor claimed a higher rate of Rs 200 per 1,000 cft for the additional work. The dispute over four claims was …

STATE OF PUNJAB AND ORS.versusNACHHATTAR SINGH

1990 INSC 167Appeal(s) allowed

Nachhattar Singh, a constable of the Punjab Police, was convicted under IPC sections 325 and 34 and sentenced to six months' rigorous imprisonment, leading to his dismissal from service. He filed a suit challenging the dismissal, which the trial court dismissed as barred by limitation; the First …

HIND BUILDERS ETC.versusUNION OF INDIA AND VICE-VERSA

1990 INSC 153Appeal(s) allowed

The contractors (Hind Builders) were awarded Rs.57,47,198 by two arbitrators for work on the Metro Railway Project, including Rs.6,76,540 as interest. The Calcutta High Court reduced the award on two grounds: the amount for earth consolidation (item c(xii)) and the period for pendente lite interest. …

CHANAN LAL AND ORS.versusSMT. AZIZUNISHA

1990 INSC 148Dismissed

The respondent landlady filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises to continue her son’s tailoring business. The trial court upheld the claim, but the appellate court reversed, holding that the son’s …

OTHAYATH LEKSHMY AND ANR.versusNELLACHINKUNIYIL GOVINDAN NAIR AND ORS.

1990 INSC 144Appeal(s) allowed

The appellants, Othayath Lekshmy and others, were tenants who were dispossessed of their land after 1 April 1964 when the holding was sold at a court auction for arrears of rent. They filed an execution application under Section 13(B) of the Kerala Land Reforms (Amendment) Act, 1969, seeking …

V.R. KATARKIversusSTATE OF KARNATAKA AND ORS.

1990 INSC 102Dismissed

V.R. Katarki, a Civil Judge of the Karnataka Judicial Service, was dismissed by the High Court for alleged irregularities in land‑acquisition cases, including writing premature letters to the Land Acquisition Officer, fixing inflated land valuations, using order‑sheets printed by a private advocate, …

VANNARAKKAL KALLALATTHIL SREEDHARANversusCHANDRAMAATH BALAKRISHNAN AND ANR.

1990 INSC 78Appeal(s) allowed

The appellant entered into an agreement on 9 October 1978 to purchase 80 cents of land, but before the sale deed was executed the property was attached on 16 November 1978 by a third‑party creditor. The sale deed was executed on 23 November 1978, after the attachment. The Kerala High Court held that …

P.K. UNNIversusNIRMALA INDUSTRIES & ORS.

1990 INSC 48Appeal(s) allowed

The appeal filed by the auction‑purchaser challenged a Madras High Court decision on the time limit for depositing money under Rule 89 of Order XXI of the CPC to set aside a sale of immovable property executed against a decree. The question was whether the deposit must be made within 30 days as …

CHAIRMAN, TAMIL NADU HOUSING BOARD, MADRASversusT.N. GANAPATHY

1990 INSC 28Dismissed

The Tamil Nadu Housing Board allotted residential plots to low‑income applicants in 1963. In 1975 it issued fresh demands for additional amounts covering excess compensation for land acquisition and development charges. T.N. Ganapathy filed a suit in representative capacity on behalf of all …

COAL MINES PROVIDENT FUND COMMISSIONERversusRAMESH CHANDER JHA

1990 INSC 23Appeal(s) allowed

The respondent filed a suit against the Coal Mines Provident Fund Commissioner without the notice required under Section 80 of the Code of Civil Procedure (CPC). The Commissioner contended that he was a "public officer" within the meaning of Section 2(17)(h) CPC, making the suit incompetent. The …

SURESH CHANDversusGULAM CHISTI

1990 INSC 21Appeal(s) allowed

The landlord Suresh Chand let a premises completed in 1967 to tenant Gulam Chisti and filed an eviction suit on 27 May 1972, before the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force on 15 July 1972. The tenant later deposited the arrears of rent and costs …

HIRA LAL AND ANOTHERversusGAJJAN AND OTHERS

1990 INSC 19Dismissed

The plaintiff, Hira Lal, claimed that his father was a sub‑tenant recorded in Khasra 1356 Fasli and had acquired adhivasi and sirdari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950, which extinguished the defendants' title. The trial court and the first appellate court rejected …

SMT. PATASIBAI & ORS.versusRATANLAL

1990 INSC 20Appeal(s) allowed

Motilal, the owner of Goyal Talkies, entered into a partnership with Ratanlal and later obtained a decree dissolving the partnership and ordering a refund after a compromise. Ratanlal subsequently filed a suit in 1980 seeking a declaration that the 1959 decree was a nullity and claiming possession …

MUNICIPAL CORPORATION, JABALPURversusKRISHI UPAJ MANDI SAMITI AND ANR.

1990 INSC 17Appeal(s) allowed

The Jabalpur Municipal Corporation levied property, sanitation, water, electricity and development taxes on buildings within a market (Mandi) administered by the Krishi Upaj Mandi Samiti, which claimed the corporation lacked jurisdiction. The corporation commenced recovery proceedings; the Samiti …

CHINNAMMAL & 4 ORS.versusP. ARUMUGHAM & ANR.

1990 INSC 12Appeal(s) allowed

The appellant, a judgment debtor, obtained a money decree against him which was not stayed and his property was sold at a court auction. The properties were bought by a stranger auction purchaser who was a relative of the decree holder. The High Court later set aside the decree, and the appellant …

BHANWAR LALversusSMT. PREM LATA & ORS.

1990 INSC 5Appeal(s) allowed

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

CHARAN LAL SAHU ETC. ETC.versusUNION OF INDIA AND ORS.

1989 INSC 395Disposed off

The Supreme Court examined the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which gave the Central Government exclusive authority to represent all victims of the 1984 Bhopal gas tragedy in litigation against Union Carbide. The Court held that the Act was …

NOORALI BABUL THANEWALAversusK.M.M. SHETTY AND ORS.

1989 INSC 393Disposed off

The landlord filed an eviction suit in 1970 against tenant K.M.M. Shetty and others, which was decreed in his favour. The Supreme Court allowed the tenant to remain in possession until 31 March 1989 on condition that he and his employees file an undertaking to vacate thereafter. In early 1989 a …

GAJANAN JAIKISHAN JOSHIversusPRABHAKAR MOHANLAL KALWAR

1989 INSC 383Appeal(s) allowed

The appellant had paid part consideration for a property and was given possession, but the respondent failed to execute the registered sale deed as agreed. The appellant sued for specific performance, but the plaint omitted an averment that he was ready and willing to perform his part, which is …

KALYAN SINGH, LONDON TRAINED, CUTTER, JOHRI BAZAR, JAIPURversusSMT. CHHOTI AND ORS.

1989 INSC 370Appeal(s) allowed

The dispute concerned a garden and temple complex in Jaipur claimed as community property of the Darjee (tailors) community. The appellant, Kalyan Singh, challenged a decree that had upheld the plaintiff’s title based on a 1916 will and an 1875 sale deed. The Supreme Court examined whether the …

SHIV CHANDER KAPOORversusAMAR BOSE

1989 INSC 364Appeal(s) allowed

Shiv Chander Kapoor, the landlord, let the second floor of his building to Amar Bose for a three‑year limited tenancy under a permission obtained from the Rent Controller pursuant to Section 21 of the Delhi Rent Control Act, 1958, on the ground that the premises would be needed for his son’s …

BHAVNAGAR MUNICIPALITYversusUNION OF INDIA AND ANR.

1989 INSC 354Dismissed

The Bhavnagar Municipality filed a suit for a declaration of title and possession of two parcels of land – the Parade Ground and the Rasala (Lancers) Lines – asserting that Resolutions No. 37 (19‑Jan‑1948) and No. 77 (29‑Feb‑1948) of the former Bhavnagar State vested the land in the municipality. …

SRI DADU DAYAL MAHASABHAversusSUKHDEV ARYA AND ANOTHER

1989 INSC 355Appeal(s) allowed

The appellant, a registered society, filed a suit through its then‑Secretary. After the suit was instituted, a person claiming to be the newly elected Secretary withdrew the suit, and the trial court allowed the withdrawal. The society later elected a different Secretary who sought to recall the …

SUSHIL KUMAR METHAversusGOBIND RAM BOHRA

1989 INSC 342Appeal(s) allowed

The landlord Gobind Ram Bohra sued tenant Sushil Kumar Mehta for ejectment, arrears of rent and damages, and obtained an ex‑parte decree from a civil court. Mehta contended that the civil court lacked jurisdiction because the Haryana Urban Rent Control Act, 1973 vests exclusive authority to order …

FOOD CORPORATION OF INDIAversusPROVIDENT FUND COMMISSIONER AND ANR.

1989 INSC 328Appeal(s) allowed

The Food Corporation of India (FCI) was directed by the Employees’ Provident Fund (EPF) Commissioner to deposit contributions for workers employed by contractors at its depots in Rajasthan. FCI contended that it was denied a reasonable opportunity to produce evidence identifying those workers …

R. VENUGOPALA NAIDU AND ORS.versusVENKATARAYULU NAIDU CHARITIES AND ORS.

1989 INSC 329Appeal(s) allowed

The appellants challenged the sale of two properties of a public trust, alleging that the sales were made at a fraction of market value and without public notice. The sales were approved by the subordinate court under a scheme-decree issued in a suit filed under Section 92 of the Civil Procedure …

SARDHA RAM (DEAD) BY L.RS.versusNAKLI SINGH AND ORS.

1989 INSC 325Appeal(s) allowed

The Supreme Court examined whether two sales of land by Nawal Singh, made after he received a notice under the East Punjab Utilisation of Lands Act, 1949, were valid despite claims of lack of legal necessity. The lower courts had upheld the first sale (to Nathu Ram) as partially necessary and …

DR. SUBRAMANIAM SWAMYversusRAMAKRISHNA HEGDE

1989 INSC 312Case Allowed

Ramakrishna Hegde filed a defamation suit in the Bombay High Court against Dr. Subramaniam Swamy, seeking Rs 1 crore in damages for alleged defamatory statements made at a Delhi press conference. Swamy petitioned the Supreme Court under Section 25 of the Code of Civil Procedure for transfer of the …

AMBATI NARASAYYAversusM. SUBBA RAO & ANR.

1989 INSC 309Appeal(s) allowed

Ambati Narasayya's 10‑acre land was attached and sold in execution of a decree for a debt of about Rs 2,400. The entire parcel fetched Rs 17,000 and was sold to the respondent. The appellant challenged the sale, arguing that under Order XXI Rule 64 of the Code of Civil Procedure the court should …

K.V. GEORGEversusSECRETARY TO GOVT., WATER AND POWER DEPARTMENT, TRIVANDRUM & ANR.

1989 INSC 305Dismissed

The appellant, a contractor, entered into a contract for constructing an embankment but failed to complete the work, leading to contract termination by the respondents. He filed an arbitration claim (Case No. 132 of 1980) seeking rate enhancement, interest and costs, while the respondents filed a …

B.K.C. MURUGA KONAR (DEAD)) BY LRS. & ORS.versusV. SETHA KONE & ORS.

1989 INSC 263Dismissed

Members of the Thousand‑Yadhava community filed a representative suit against the trustee of two temples seeking a decree for the rendition of true accounts and payment of amounts due. The defendants contended that the temples were public religious endowments under the Tamil Nadu Hindu Religious and …

U.S. SASIDHARANversusK. KARUNAKARAN & ANR

1989 INSC 255Dismissed

The appellant, a voter in the Mala constituency of Kerala, filed an election petition challenging the election of the sitting Chief Minister on grounds of several alleged corrupt practices, including a notice, a photograph, and a video cassette purportedly used for election propaganda. The petition …

CAPT. B.V. D' SOUZAversusANTONIO FAUSTO FERNANDES

1989 INSC 219Appeal(s) allowed

The respondent landlord and the appellant entered into a written agreement that was labeled as a leave and licence, but its terms required payment of monthly rent, prohibited sub‑letting, and provided for renewal, indicating an interest in the premises. After the agreement expired, the landlord sued …

JITENDRA NATH BISWASversusEMPIRE OF INDIA & CEYLONE TEA CO. & ANR.

1989 INSC 221Dismissed

Jitendra Nath Biswas, an employee of Empire of India & Ceylon Tea Co., was dismissed after a domestic enquiry for alleged misconduct. He filed a civil suit in the Munsiff Court seeking reinstatement, back wages and an injunction against the dismissal. The respondents contended that such relief was …

MAHABIR KISHORE & ORS.versusSTATE OF MADHYA PRADESH

1989 INSC 216Appeal(s) allowed

The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the …

RATAN LAL ADUKIA & ANR.versusUNION OF INDIA

1989 INSC 206Dismissed

The appellants filed two suits in Alipore and Calcutta Small Causes Courts seeking compensation for short delivery of goods booked with the Indian Railways. The Union of India contended that, under Section 80 of the Indian Railways Act, 1890 (as amended in 1961), the trial courts lacked …

SMT. PUJARI BAIversusMADAN GOPAL

1989 INSC 198Appeal(s) allowed

Smt. Pujari Bai, a displaced person, was allotted agricultural land and on 29 April 1963 received a permanent Sanad under Section 10 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, conferring absolute title. Later, during consolidation proceedings under the East Punjab Holdings …

KAMALA DEVI BUDHIA & ORS.versusRAM PRABHA GANGULI & ORS.

1989 INSC 173Appeal(s) allowed

The appellants, owners of premises in Ranchi, leased the property to the respondents for 20 years, a lease that expired on 31 July 1971. The respondents gave a notice on 16 July 1971 claiming a month‑to‑month tenancy and the appellants filed an application under section 12 of the Bihar Buildings …

SMT. ANNAPOORANI AMMALversusG. THANGAPALAM

1989 INSC 159Appeal(s) allowed

The appellant purchased a property by a registered sale deed in 1950 and the respondent entered into a rent agreement with her in 1951. In 1974 the respondent sued for conveyance of the property based on an alleged handwritten 'yadast' by the appellant's mother, which was unstamped, unregistered and …

CUSTODIAN OF BRANCHES OF BANCO NATIONAL ULTRAMARINO.versusNALINI BAI NAIQUE

1989 INSC 153Appeal(s) allowed

The Banco Nacional Ultramarino sued Vinaique Naique for a loan, but the defendant died during the trial. The bank applied under Order XXII Rule 4 of the CPC to substitute the widow, Nalini Bai Naique, as a legal representative within four days of learning of the death, and later sought to add the …

GOURANGA CHAKRABORTYversusSTATE OF TRIPURA AND ANR.

1989 INSC 115Dismissed

Gouranga Chakraborty, a constable in the Border Security Force (BSF), was dismissed by the Commandant for overstaying leave and being absent without leave during a period of war. After being given a chance to explain, which he failed to utilize, he appealed internally without success and …

JAMMU & KASHMIR STATE FOREST CORPORATIONversusABDUL KARIM WANI

1989 INSC 113Appeal(s) allowed

The Jammu & Kashmir State Forest Corporation awarded a timber extraction contract to Abdul Karim Wani for 6 lakh cft. Wani later claimed entitlement to the remaining 4.08 lakh cft based on alleged custom, practice and assurances, which the Corporation denied. Wani filed an application under the …

ROOP CHANDversusGOPI CHAND THALIA

1989 INSC 107Dismissed

The appellant, Roop Chand, leased a building from Gopi Chand Thalia with a covenant not to sublet. He allowed the Lokpriya Social Club to occupy part of the premises for recreational activities, claiming he retained exclusive possession and received no rent. The landlord sued for eviction on the …

A.B.C. LAMINART PVT. LTD. & ANR.versusA.P. AGENCIES, SALEM

1989 INSC 87Dismissed

The appellants, manufacturers of metallic yarn, entered into a contract with the respondent that included clause 11 stating that any dispute would be subject to the jurisdiction of the Kaira court. The respondent sued the appellants in the Subordinate Judge's court at Salem for unpaid amounts and …