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Judgments of 1987

308 judgments · newest first · showing 1–200

B. R. MEHTAversusSMT. ATMA DEVI & ORS.

1987 INSC 236Appeal(s) allowed

The appellant, B.R. Mehta, had been a tenant of a house in Kalkaji since 1968. In 1978 his wife, a government teacher, was allotted a separate government quarter, which she later vacated and rejoined the family home. The landlord sought eviction of the appellant under Section 14(1)(h) of the Delhi …

M.K. KUNHIMOHAMMEDversusP.A. AHMEDKUITY & ORS.

1987 INSC 233Dismissed

The petitioner, owner of a stage‑carriage bus, claimed that the insurer should indemnify him up to Rs 75,000 under Section 95(2)(b)(ii)(2) of the Motor Vehicles Act, 1939, arguing that the per‑passenger limit in sub‑clause (ii)(4) was inapplicable. The Supreme Court examined the pre‑1982 wording of …

DR. SAROJ KUMAR DASversusARJUN PRASAD JOGANI

1987 INSC 234Appeal(s) allowed

Dr. Saroj Kumar Das, a medical practitioner residing in Ghana, sued tenant Arjun Prasad Jogani for possession of the second‑floor rear portion of 248 C.I.T. Road, Calcutta, claiming a genuine requirement for personal use and no alternative accommodation. The trial court and the Additional District …

BALRAM GUPTAversusUNION OF INDIA & ANR.

1987 INSC 235Appeal(s) allowed

Balram Gupta, a permanent clerk with over 20 years of service, gave notice of voluntary retirement effective 31 March 1981 under Rule 48‑A of the Central Civil Services (Pension) Rules, 1972. He later withdrew the notice on 31 January 1981, citing personal requests from staff, but the government …

A.K. SUBBAIAH & ORS.versusSTATE OF KARNATAKA & ORS.

1987 INSC 231Dismissed

The State Government filed a criminal complaint under s.500 IPC, with sanction under s.199(2) CrPC, alleging defamation of the Director General of Police. The trial court took cognizance and issued process against the appellants. The appellants filed a revision petition under s.397 and s.401 CrPC …

SUBRAMANIAM SHANMUGHAMversusM.L. RAJENDRAN & ORS.

1987 INSC 232Dismissed

The appellant, a tenant, occupied a room in the front portion of a residential building for non‑residential purposes. The landlord sought eviction under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the need for additional residential accommodation due to …

DURGACHARAN MISRAversusSTATE OF ORISSA & ORS.

1987 INSC 228Case Allowed

The petitioner, D. Misra, secured 470 marks in the written exam and 30 marks in the viva‑voce for the Probationary Munsif post, but was omitted from the select list prepared by the Orissa Public Service Commission. The Commission had introduced a rule requiring a minimum 30% score in the viva‑voce, …

JAI PRAKASH AND ORS.versusSTATE OF HARYANA & ORS.

1987 INSC 229Dismissed

The petitioners, life convicts for murder, were released on bail pending appeal and were granted a remission of 19 months and 12 days while on bail. The State, relying on a Governor's order and a subsequent letter, excluded prisoners on bail or with suspended sentences from remission under paragraph …

SUSHIL KUMAR PORWAL AND ORS.versusVIPIN MANEKLAL AND ORS.

1987 INSC 230Appeal(s) allowed

The case arose from the seizure of primary gold stored by the widow Ratanbai, who claimed it belonged to her late husband Kesharimal Porwal, while the true owners were his grandsons under a will. The Central Excise authorities confiscated the gold and imposed a penalty on Ratanbai for violating the …

SMT. SHANTI SHARMA & ORS.versusSMT. VED PRABHA & ORS.

1987 INSC 225Dismissed

The tenant appealed against a decree of eviction granted to the landlord under Section 14(1)(e) of the Delhi Rent Control Act, 1958 on the ground of bona‑fide requirement. The landlord’s building stood on land leased from the Delhi Development Authority (DDA), and the lease had been subject to a …

MD. SALIMversusMD. ALI SINCE DECEASED THROUGH HIS LRS. MD. ASSIM & ORS.

1987 INSC 226Dismissed

The petitioners, Md. Salim and others, claimed they were sub‑tenants under a 1966 agreement with the landlord, Md. Ali, and therefore should not be bound by an eviction decree issued against the principal tenant. The High Court held that the agreement was merely for the management of the landlord’s …

MODERN INDUSTRIAL CORPORATIONversusCOLLECTOR OF CENTRAL EXCISE & ORS.

1987 INSC 224Appeal(s) allowed

Modern Industrial Corporation, a small‑scale manufacturer, bought duty‑paid white paper and converted it into flock paper by manually screen‑printing colour on one side, applying adhesive, sprinkling flock, drying and removing excess flock. It claimed exemption from excise duty under Notification …

HAVA SINGHversusSTATE OF HARYANA & ANR.

1987 INSC 223Case Allowed

Haya Singh, aged about 18, was convicted of murder under sections 302/34 IPC and sentenced to life imprisonment. Because he was under 21, he was sent to a Borstal Institution under the Punjab Borstal Act, 1926. After turning 21 he was transferred to a district jail and continued to serve his …

RAM KUMARversusSTATE OF HARYANA

1987 INSC 222Dismissed

Ram Kumar, a bus conductor, was terminated after a departmental enquiry found him guilty of not issuing tickets to nine passengers despite collecting fares. The punishing authority terminated his service by adopting the enquiry officer's findings and reasons, without independently restating them, …

K. RAJAIAHversusSTATE OF ANDHRA PRADESH AND ORS.

1987 INSC 219Dismissed

K. Rajaiah was appointed Reserve Sub‑Inspector of Police in 1968 and later applied for the post of Sub‑Inspector (Civil) through a direct‑recruitment advertisement, being selected and confirmed by 1978. He sought to have his earlier service counted for seniority, prompting the Government to issue an …

NANCY JOHN LYNDONversusPRABHATI LAL CHOWDHURY & ORS.

1987 INSC 218Appeal(s) allowed

The appellant obtained a money decree against the judgment debtor and secured attachment of the debtor's land. While the attachment was in force, the debtor sold part of the land to a third party, who subsequently sold it to the respondents. The execution petition was dismissed for default, but was …

ABHAY SINGH SURANA & ORSversusSECRETARY MINISTRY OF COMMUNICATION & ORS.

1987 INSC 220Disposed off

The Supreme Court considered an appeal by Abhay Singh Surana & Ors. against the Secretary, Ministry of Communication & Ors. concerning interest on compensation awarded by an arbitrator for the requisition of premises under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Court …

KASHI RAMversusRAKESH ARORA

1987 INSC 213Appeal(s) allowed

The Delhi Rent Controller ordered the eviction of tenant Kash! Ram in October 1960 on the ground of the landlord's bona‑fide requirement. The landlord's applications for permission to execute the order under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 were dismissed in 1963, …

YASHBIR SINGH & ORS., ETC.versusUNION OF INDIA & ORS.

1987 INSC 214Dismissed

The petitioners, railway employees, challenged the Railway Board's circulars of July 2, 1970 and November 28, 1981, alleging they were unconstitutional and that the seniority list prepared in 1968 should be maintained. They claimed the Board had no authority to grant retrospective seniority to …

CALCUTTA YOUTH FRONT & ORS.versusSTATE OF WEST BENGAL & ORS.

1987 INSC 216Dismissed

The Calcutta Youth Front and others challenged the Calcutta Municipal Corporation's grant of a 30‑year licence to Happy Homes & Hotels Pvt. Ltd. for the sub‑soil of Satyanarayan Park to construct an underground market and parking facility, arguing that the corporation lacked authority to alienate …

COMMON CAUSE REGISTERED SOCIETYversusUNION OF INDIA & ORS.

1987 INSC 217Dismissed

The petitioners, Common Cause Society, and the Delhi Municipal Corporation sought clarification of the Supreme Court's earlier ruling in Dr. Balbir Singh & Ors. v. Municipal Corporation Delhi (1985) regarding the assessment of rateable value for properties constructed in stages under the Delhi …

STATE OF KARNATAKAversusNARSA REDDY

1987 INSC 211Appeal(s) allowed

The State of Karnataka charged Narsa Reddy and three others with murder and related offences. During the trial, two police officers were added as accused for disposing of the body, but they claimed that prosecution required prior sanction under Section 197 of the CrPC. The Sessions Judge rejected …

INDER SINGH & ORS.versusVYAS MUNI MISHRA & ORS.

1987 INSC 212Appeal(s) allowed

Vyas Muni Mishra, a Ganna Gram Sewak, filed a writ petition under Art. 226 seeking the merger of the posts of Ganna Gram Sewak and Cane Supervisor into a single cadre, invoking the principle of equal pay for equal work under Art. 39(d). The Allahabad High Court ordered the merger, holding that the …

HARDEEP SINGHversusSTATE OF HARYANA & ORS.

1987 INSC 210Case Allowed

Hardeep Singh, a constable on probation in the Haryana Police, was dismissed without a charge sheet or hearing after participating in a peaceful union protest. He challenged the order, arguing it was a punitive dismissal that required compliance with Article 311(2) of the Constitution and Rule …

OSMANIA UNIVERSITY TEACHERS ASSOCIATIONversusSTATE OF ANDHRA PRADESH & ANR.

1987 INSC 209Appeal(s) allowed

The Osmania University Teachers Association challenged the Andhra Pradesh Commissionerate of Higher Education Act, 1986, alleging that it was a duplicate of the University Grants Commission Act and fell within the Union's exclusive legislative field under Entry 66 of List I. The State argued that …

R.L. MARWAHAversusUNION OF INDIA & ORS.

1987 INSC 207Case Allowed

The petitioner, a former temporary Central Government employee who was later absorbed into the autonomous Indian Council of Agricultural Research (ICAR), retired in 1980 and was denied credit for his earlier government service when computing his pension. The Central Government issued an order on 29 …

JOGINDER KUMAR BUTANversusR.P. OBEROI

1987 INSC 208Dismissed

The respondent, a government official residing in government quarters, obtained permission under Section 21 of the Delhi Rent Control Act, 1958 to let a portion of his house to the appellant for 18 months. After the lease term expired, the appellant refused to vacate and the respondent filed an …

GENERAL ELECTRIC COMPANYversusRENUSAGAR POWER COMPANY

1987 INSC 204Appeal(s) allowed

General Electric Company (GEC) and Renusagar Power Company entered into a contract for equipment supply, which later gave rise to disputes referred to ICC arbitration. Renusagar filed a suit in the Bombay High Court seeking a declaration that the disputes were not arbitrable, while GEC applied for a …

CONAL BIHIMAPPAversusSTATE OF KARNATAKA & ORS.

1987 INSC 205Disposed off

The case concerned inter‑se seniority between direct recruits and promotees in the Karnataka Administrative Service where the recruitment rules prescribed a two‑thirds promotion and one‑third direct recruitment quota. Because direct recruitment was not made timely, temporary promotions were given …

PRATAPSINHJI N. DESAIversusDEPUTY CHARITY COMMISSIONER, GUJARAT & ORS.

1987 INSC 206Dismissed

The appellant, a former ruler of Patadi, claimed that two temples he managed were private family property, not public trusts. The Deputy Charity Commissioner, under the Bombay Public Trusts Act, 1950, deemed them public temples and public religious trusts, a finding upheld by the Charity …

R.D. GUPTA & ORS. ETC.versusLT. GOVERNOR. DELHI ADMN. & ORS. ETC.

1987 INSC 200Directions issued

The New Delhi Municipal Committee (NDMC) treated its non‑technical (ministerial) staff as a unified cadre, but granted higher Shiv Shankar Committee (SS) pay scales and ex‑gratia payments only to those posted in its electricity wing, citing the pattern followed by the Delhi Electricity Supply …

U.P. PUBLIC SERVICE COMMISSION AT ALLAHABADversusSURESH CHANDRA TEWARI & ANR.

1987 INSC 201Dismissed

S.C. Tewari, a Section Officer of the Uttar Pradesh Public Service Commission (UPPSC), was suspended, found guilty in a departmental enquiry and dismissed. He appealed to the State Government under Regulation 20 of the UPPSC (Conditions of Service) Regulations, 1937. The State Government set aside …

SMT. POONAM LATAversusM.L. WADHAWAN & ANR.

1987 INSC 202Dismissed

The Supreme Court considered a writ petition challenging the detention of Shital Kumar under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petition raised three main points: (i) whether the period of parole granted earlier …

U.P. POLLUTION CONTROL BOARDversusMODI DISTILLERY & ORS.

1987 INSC 199Appeal(s) allowed

The Uttar Pradesh Pollution Control Board (the Board) refused consent to Modi Distillery's discharge of trade effluents into the Kali River because its application was incomplete and the unit lacked proper treatment facilities. After repeated notices, the Board lodged a complaint under section 44 of …

INDER MOHAN LALversusRAMESH KHANNA

1987 INSC 196Appeal(s) allowed

The landlord, I.M. Lal, obtained permission under Section 21 of the Delhi Rent Control Act, 1958, to let his newly built premises to Ramesh Khanna for a two‑year residential tenancy, after stating that he did not require the premises for that period. When the tenant refused to vacate after two …

CEMINDIA CO. LTD.versusBACHUBHAI N. RAVAL

1987 INSC 197Appeal(s) allowed

Cemindia Co. Ltd., an engineering contractor engaged in the building and construction industry, operated a workshop solely for repairing its own equipment. Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and Notification No. GSR 1398, the Regional Provident Fund …

SMT. NANDITA BOSEversusRATANLAL NAHATA

1987 INSC 198Appeal(s) allowed

The appellant, a landlady, sued the respondent tenant for possession of a flat, arrears of rent and mesne profits of Rs.78,000 after the tenancy was terminated. The High Court, relying on the West Bengal Premises Tenancy Act, held that the tenant remained a lawful occupant and that the claim for …

DR. DINESH KUMAR & ORS.versusMOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS.

1987 INSC 194Directions issued

The Supreme Court was asked to consider objections raised by several states to the implementation of a Court‑approved scheme that reserved 15% of MBBS/BDS seats for an All‑India Entrance Examination. The states sought a further deferment of the scheme, arguing lack of uniform syllabus, language …

STATE OF UTTAR PRADESH & ORS.versusKASTURI LAL HAR LAL

1987 INSC 195Dismissed

The State of Uttar Pradesh assessed Central Sales Tax on coal transactions carried out by the respondent, Kasturi Lal Har Lal, who sold coal by endorsing railway receipts while the goods were moving from Bihar to Uttar Pradesh. The Sales Tax Officer in Lucknow held that the sales were inter‑State …

SHAFAIT ALI THROUGH SUPREME COURT LEGAL AID COMMITTEEversusSHIVA MAL (DEAD) BY LRS.

1987 INSC 189Dismissed

The appellant, Shafait Ali, appealed against an order of eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of the landlord's bona‑fide requirement. The principal question was whether Sections 14(1)(e) and 14A (along with 25A‑C) of the Rent Act are special provisions …

BAKSHI SARDARI LAL (DEAD) THROUGH LRS & ORS. ETC.versusUNION OF INDIA & ANR.

1987 INSC 191Dismissed

Eighteen Delhi Armed Police officers were dismissed in 1967 under Article 311(2) proviso clause (c) without an inquiry. The Supreme Court quashed those orders in 1971, reinstating the officers, but the Government issued fresh dismissal orders in June 1971 invoking the President's personal …

BHAGWAN DASS AND OTHERSversusSTATE OF HARYANA & ORS.

1987 INSC 192Case Allowed

The petitioners, appointed as full‑time supervisors under Haryana's adult and non‑formal education schemes, were hired on six‑month contracts with a one‑day break after each period, resulting in lower pay than regular supervisors (respondents 2‑6) performing identical duties. They claimed this …

DIPAK BANERJEEversusSMT. LILABATI CHAKRABORTY

1987 INSC 188Appeal(s) allowed

The landlord, Smt. Lilabati Chakraborty, sued her tenant, Dipak Banerjee, alleging that the tenant had sub-let two rooms of a four‑room dwelling to a tailor, Lalit Mohan Biswas, in violation of Section 13(1)(a) of the West Bengal Premises Act, 1956. The trial court, the first appellate court and the …

MOHINUDDIN @ MOIN MASTERversusDISTRICT MAGISTRATE, BEED & ORS.

1987 INSC 187Appeal(s) allowed

The appellant was detained under Section 3(2) of the National Security Act, 1980 and filed two representations – one to the Chief Minister and another to the Advisory Board – seeking release. While the Advisory Board considered the second representation promptly, the Chief Minister’s office delayed …

HINDUSTAN STEEL WORKS CONSTRUCTION LTD.versusC. RAJASEKHAR RAO

1987 INSC 185

Hindustan Steelworks Construction Ltd entered into a contract with C. Rajasekhar Rao for certain works. Disputes arose and, after the appointed arbitrators could not agree, the Supreme Court directed the appointment of party‑appointed arbitrators and, in case of disagreement, an umpire (Justice …

JAGJIT BUS SERVICE (REGD.) AMRITSAR, THROUGH ITS MANAGING PARTNER SHRI JAGJIT SINGH, SON OF SHRI KARTAR SINGH, RESIDENT OF SHARIFPURA, AMRITSAR (PUNJAB)versusSTATE TRANSPORT COMMISSIONER, PUNJAB AND ANR.

1987 INSC 186Appeal(s) allowed

Jagjit Bus Service, a stage carriage operator, applied for renewal of its permit on a Punjab route but was repeatedly granted only temporary permits. The State Transport Commissioner justified this by citing two incomplete schemes under s.68(2) of the Motor Vehicles Act, 1939, and the absence of a …

A.L. AHUJAversusUNION OF INDIA

1987 INSC 183Case Allowed

A.L. Ahuj a, an engineer in the Central Public Works Department, was compulsorily retired under Rule 56(j)(i) of the Fundamental Rules while holding an officiating Class II post. He challenged the retirement, arguing that the earlier Supreme Court decision in Union of India v. K.R. Tahiliani held …

N.C. DALWADIversusSTATE OF GUJARAT

1987 INSC 184Appeal(s) allowed

The appellant, an officer who was officiating as Superintending Engineer in the Gujarat Service of Engineers, was ordered to retire compulsorily under the first proviso of Rule 161(1)(a) of the Bombay Civil Services Rules, 1959, upon attaining the age of 55. He challenged the order, arguing that …

PALA SINGH (DECEASED) BY LRS.versusUNION OF INDIA & ORS.

1987 INSC 182Dismissed

Pala Singh, a displaced person, was allotted land under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. In 1961 surplus lands were transferred to the Punjab Government under a package‑deal arrangement. In 1962 the Managing Officer allowed Singh to purchase excess land and he paid …

C.I.T. GUJARATversusELECON ENGINEERING CO. LTD.

1987 INSC 178Dismissed

Elecon Engineering Co. Ltd., a public limited company, claimed a rebate under Section 84 of the Income‑Tax Act for the assessment year 1964‑65, the second year of its new industrial project. The Assessing Officer initially allowed a rebate of Rs 2,72,372 but on reassessment reduced it to Rs …

VENKATLAL G. PITTIE & ANR.versusBRIGHT BROS. (PVT.) LTD.

1987 INSC 179Appeal(s) allowed

The landlords (Venkatlal G. Pittie & Anr.) sued their tenant (Bright Bros. Pvt. Ltd.) for eviction, alleging that the tenant had erected permanent structures in violation of clause (p) of s.108 of the Transfer of Property Act, 1882 and s.13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates …

EVEREST INDUSTRIAL CORPORATION & OTHERSversusGUJARAT STATE FINANCIAL CORPORATION

1987 INSC 180Disposed off

Everest Industrial Corporation borrowed Rs 6 lakhs from Gujarat State Financial Corporation under a hypothecation agreement that stipulated repayment in half‑yearly instalments and interest at 8.5% per annum. After defaulting, the corporation invoked section 31 of the State Financial Corporations …

PRASUN ROYversusCALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY & ANR.

1987 INSC 176Appeal(s) allowed

The parties entered into a contract containing an arbitration clause that named the Director/Unit Head of the Calcutta Metropolitan Development Authority as the sole arbitrator. The appellant, fearing bias, applied under Section 20 of the Arbitration Act, 1940, for the appointment of an independent …

SMT. GULWANT KAUR & ANOTHERversusMOHINDER SINGH & ORS.

1987 INSC 177Appeal(s) allowed

The appellant, Gulwant Kaur, was estranged from her husband Major General Gurbux Singh, who in a 1958 letter entrusted her with a parcel of land and a house as maintenance, promising a monthly allowance. The husband later sold the land to the respondent, Mohinder Singh, who sought an injunction …

MAKHAN SINGHversusNARAINPURA CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD. & ANR.

1987 INSC 171Appeal(s) allowed

Makhan Singh, the Secretary of Narainpura Co‑operative Agricultural Service Society Ltd., was absent from work between 11‑May‑1981 and 29‑May‑1981, claiming illness and leave. The Society terminated his employment on 30‑May‑1981 without conducting a domestic enquiry and alleged that he had gone on …

STATE BANK OF INDIA & ORS.versusMOHD. MYNUDDIN

1987 INSC 172Appeal(s) allowed

Mohd. Mynuddin, a Manager (Middle Management Grade Scale II) in State Bank of India, was repeatedly denied promotion to Grade Scale III despite satisfactory confidential reports. He filed a writ petition seeking a direction for promotion with retrospective effect from 1979, arguing eligibility and …

GANPAT RAM SHARMA & ORS.versusSMT. GAYATRI DEVI

1987 INSC 173Dismissed

The Supreme Court examined an eviction dispute under the Delhi Rent Control Act, 1958 where the landlord sought possession of three tenants on the ground that each had either built, acquired vacant possession of, or been allotted another residence, as stipulated in clause (h) of Section 14(1). The …

VINOD KUMAR ARORAversusSMT. SURJIT KAUR

1987 INSC 174Dismissed

The widowed landlady (respondent) sought eviction of two tenants, including the doctor (appellant), alleging that they had changed the use of the premises to non‑residential purposes and that she required the hall for her own residential needs. The Rent Controller and Appellate Authority found …

M. SATYANANDAMversusDEPUTY SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH & ANR.

1987 INSC 175Dismissed

M. Satyanandam, an allottee of government‑owned premises, was ordered to vacate after the government, upon a fresh representation by the landlady, released the premises in her favour. The petitioner contended that he was not given a chance to show cause and that the government could not review its …

RANJIT PRASAD SINHAversusSTATE OF BIHAR & ANOTHER

1987 INSC 170Dismissed

The appellant, an Additional Subordinate Judge of the Bihar Judicial Service, was disciplined with censure, withholding of increments, and denial of promotion benefits. He challenged the order by filing a writ petition and also sought to appeal the punishment to the Governor under the Civil Services …

STATE OF KARNATAKAversusK. GOPALAKRISHNA SHENOY & ANR.

1987 INSC 167Appeal(s) allowed

The State of Karnataka sought to recover motor vehicle tax arrears for a 12‑ton lorry that had been sold by the first respondent to the second respondent without reporting the transfer. Both respondents argued they were not liable: the first because he had sold the vehicle, the second because the …

BEOPAR SAHAYAK (P) LTD. & ORS.versusVISHWA NATH & ORS.

1987 INSC 168Dismissed

The appellant, Beopar Sahayak Ltd., sought possession of leased premises, but the respondents obtained a release order under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, issued by a Prescribed Authority who was an Executive Magistrate. The appellant …

BAL NIKETAN NURSERY SCHOOLversusKESARI PRASAD

1987 INSC 169Appeal(s) allowed

Bal Niketan Nursery School, a recognised institution under the U.P. Basic Education Act, 1972 and run by a registered society, purchased land and super‑structures in its own name and, through its manager (who was also the society's secretary), served notice to four tenants and filed suits for …

UNION OF INDIA THROUGH MAJOR GENERAL H.C. PATHAKversusMAJOR S.K. SHARMA

1987 INSC 164Dismissed

The case arose when Major S.K. Sharma complained before a Judicial Magistrate that Colonel Ali and Brigadier Randhawa had assaulted him, leading the Magistrate to take cognizance under the Criminal Procedure Code and issue summons. The Union of India moved to have the matter transferred to the Army …

FAZAL GHOSI, WAHID, AYAZ AHMAD AND RIAZ AHMADversusSTATE OF U.P. & ORS.

1987 INSC 165Case Allowed

Following the opening of the Ram Janmabhoomi temple, communal agitation erupted and the petitioners were alleged to have incited violence, leading to their arrest on several IPC charges. While their bail applications were pending, the District Magistrate issued preventive detention orders under …

SAMARJIT GHOSHversusBENNETT COLEMAN & COMPANY AND ANOTHER

1987 INSC 166Appeal(s) allowed

S. Ghosh, a journalist employed at the Calcutta branch of Bennett Coleman & Co., applied to the West Bengal Government under section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) Act, 1955 for recovery of unpaid wages. After conciliation failed, the West …

P.D. AGGARWAL & ORS.versusSTATE OF U.P. & ORS.

1987 INSC 163Dismissed

The case concerned Assistant Engineers in Uttar Pradesh who had been substantively appointed to temporary posts before the 1969 and 1971 amendments of the U.P. Service of Engineers Rules. They claimed that the amendments, which made seniority dependent on appointment to substantive vacancies, …

DHARTIPAKAR MADAN LAL AGARWALversusRAJIV GANDHI

1987 INSC 161Dismissed

M.L. Agarwal challenged the 1981 Lok Sabha election of Rajiv Gandhi alleging various corrupt practices. The High Court struck out the petition as vague, frivolous and lacking a cause of action under Order VI Rule 16 and rejected it under Order VII Rule 11. Agarwal appealed, contending that the court …

DR. D.C. SAXENAversusSTATE OF HARYANA & ORS.

1987 INSC 159Dismissed

Dr. D.C. Saxena was appointed Chairman of the Haryana Board of School Education for a two‑year term, with the appointment letter stating that the terms and conditions would be notified later. The State Government later issued a notice that his tenure could be curtailed at any time and subsequently …

GANPAT SINGH (DEAD) BY LRS.versusKAILASH SHANKAR & ORS.

1987 INSC 160Disposed off

The decree‑holder, who had purchased a mortgaged property at a court auction, filed an application under Order XXI Rule 95 CPC for delivery of possession more than a year after the sale was confirmed. The judgment‑debtors opposed, arguing that the application was barred by the one‑year limitation in …

UTKAL CONTRACTORS & JOINERY PRIVATE LIMITED & ORS. ETC.versusSTATE OF ORISSA & ORS.

1987 INSC 156Appeal(s) allowed

Utkal Contractors & Joinery Pvt. Ltd. and others had licences to collect, purchase and sell sal seeds from Government forests in Orissa, with a stipulation to set up solvent extraction units. The State of Orissa issued a notification under the Orissa Forest Produce (Control of Trade) Act, 1981 in …

U.P. STATE ELECTRICITY BOARD, LUCKNOWversusP.L. KELKAR, ETC. ETC.

1987 INSC 157Dismissed

The respondent, P.L. Kelkar, was directly recruited by the U.P. State Electricity Board as an Assistant Engineer in 1964 and was granted nine advance increments because of his prior experience, whereas other engineers received only two. The Board framed the Service of Engineers (Integration and …

UNION OF INDIAversusM.A. CHOWDHARY

1987 INSC 158Dismissed

M.A. Chowdhary, a staff artist of All India Radio, was employed under a contract that allowed termination on six months' notice. A government order later stipulated that staff artists could serve up to the age of 55, and a clause was added to his agreement reflecting this. In October 1970, he …

THAMMA VENKATA SUBBAMMA (DEAD) BY L.R.versusTHAMMA RATTAMMA & ORS.

1987 INSC 151Dismissed

The case concerned a deed of settlement executed by Rami Reddy, a coparcener in a Mitakshara joint Hindu family, which conveyed his entire undivided interest in the coparcenary to his brother Veera Reddy while reserving a life interest for himself. After the deaths of both brothers, the widow of …

BINOD MILLS CO. LTD, UJJAIN (M.P.)versusSURESH CHANDRA MAHAVEER PRASAD MANTRI, BOMBAY

1987 INSC 152Appeal(s) allowed

Binod Mills, a textile undertaking in Ujjain, was declared a relief undertaking under the Madhya Pradesh Sahayata Upkram (Vishesh Upbandh) Adhiniyam, 1978, with protection until 15‑Nov‑1987. The respondent obtained an ex‑parte decree for a monetary sum in the Bombay High Court and had it transferred …

HELPER GIRDHARBHAIversusSAIYED MOHMAD MIRASAHEB KADRI AND OTHERS

1987 INSC 154Appeal(s) allowed

The appellant, Helper Girdhb... (a tenant), was sued for unlawful subletting of premises leased for cloth manufacturing. He claimed the premises were used by a genuine partnership (Bharat Neon Signs) of which he was a partner, and therefore no subletting occurred. The trial court found subletting …

SMT. SHAKUNTALA S. TIWARIversusHEM CHAND M. SINGHANIA

1987 INSC 155Dismissed

Shakuntala, a monthly tenant of a premises for an ice‑cream business, was alleged by the landlord to have made permanent alterations, caused waste and changed the use of the property, violating sections 12 and 13 of the Bombay Rents, Hotels & Lodging House Rates Control Act, 1947. The landlord gave …

B.S. YADAV & ANR.versusCHIEF MANAGER, CENTRAL BANK OF INDIA & ORS.

1987 INSC 148

The petitioners, officers of the Central Bank of India appointed after the 1969 nationalisation, challenged their forced retirement at age 58 under Rule 3 of the Bank's Rules for Age of Retirement, arguing that having two different retirement ages (60 for pre‑July 19, 1969 officers and 58 for …

LIFE INSURANCE CORPORATION OF INDIA & ANOTHER ETC.versusS.S. SRIVASTAVA & OTHERS

1987 INSC 149Appeal(s) allowed

The case concerned the constitutional validity of Regulation 19(2) of the Life Insurance Corporation of India (Staff) Regulations, 1960, as amended in 1977, which required employees appointed on or after 1 September 1956 and belonging to Class I or II to retire at age 58, with a provision for …

RAJA SATYENDRA NARAYAN SINGH & ANR.versusSTATE OF BIHAR & ORS.

1987 INSC 150Dismissed

The estate of the late Raja Nilkanth Narayan Singh was vested in the State of Bihar under the Bihar Land Reforms Act, 1950. While some mines were being worked under leases and royalties were paid, the successors-in-interest filed a writ petition seeking compensation for coal-bearing areas that had …

S.P. SAMPATH KUMARversusUNION OF INDIA & ORS.

1987 INSC 147Disposed off

The Supreme Court clarified the procedure for appointing members of Administrative Tribunals under the Administrative Tribunals Act, 1985. It held that recruitment to the Central Administrative Tribunal must be overseen by a High‑Powered Selection Committee headed by a sitting Supreme Court judge …

MAHENDRA KUMAR & ANR.versusSTATE OF MADHYA PRADESH & ORS.

1987 INSC 146Appeal(s) allowed

In 1976, respondents Nos. 2‑5 discovered a treasure of gold, silver ornaments and cash while renovating a house and reported it to the Collector, who issued a notification under the Indian Treasure‑Trove Act, 1878. The Collector, believing the treasure was hidden within the statutory period, …

STATE BANK OF INDIA & ORS.versusYOGENDRA KUMAR SRIVASTAVA & ORS.

1987 INSC 143

The State Bank of India merged its Grade‑I and Grade‑II officers into a new Junior Management Grade effective 1 October 1979 under an order made under s.43 of the State Bank of India Act. Probationary and trainee officers appointed on 30‑31 October 1979 claimed seniority over the erstwhile Grade‑II …

RAI BAHADUR SETH SHREERAM DURGAPRASADversusDIRECTOR OF ENFORCEMENT

1987 INSC 144Dismissed

The partnership firm of Rai Bahadur Seth Shreeram Durgaprasad exported manganese ore between 1952 and 1958 but failed to repatriate the full foreign‑exchange proceeds, contravening Section 12(2) of the Foreign Exchange Regulation Act, 1947. The Director of Enforcement initiated adjudication …

E. S. REDDIversusCHIEF SECRETARY, GOVT. OF A.P. & ANR.

1987 INSC 145Dismissed

The case concerned the suspension of IAS officer E.S. Reddi under the Andhra Pradesh Civil Services Rules, which he challenged on the ground of arbitrariness under Article 14 of the Constitution, alleging that similarly situated officers were merely transferred. The Division Bench of the Andhra …

SETH BANARSI DASS GUPTA & ANR. ETC.versusCOMMISSIONER OF INCOME-TAX, DELHI.

1987 INSC 139Dismissed

Banarsi Das, a partner who acquired a one‑sixth share in a sugar mill, received periodic payments from other partners under lease arrangements after the firm was placed under a court‑appointed receiver. The assessee claimed that these receipts were capital in nature and that depreciation could be …

PUSHPADEVI M. JATIAversusM.L. WADHAVAN, ADDL. SECRETARY GOVERNMENT OF INDIA & ORS.

1987 INSC 141Dismissed

Mohanlal Jatia was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on the basis of documents seized from his brother‑in‑law and statements recorded by R.C. Singh of the Enforcement Directorate. His wife, Pushpadevi Jatia, challenged the …

AJMER SINGH ETC. ETC.versusUNION OF INDIA & ORS.

1987 INSC 142Dismissed

The appellants, convicted by a General Court‑Martial under the Army Act, sought the benefit of Section 428 of the Criminal Procedure Code (CrPC) which allows set‑off of detention time during investigation, inquiry or trial against the term of imprisonment. The Supreme Court examined whether the CrPC …

COMMISSIONER, SALES TAX, U.P.versusAGRA BELTING WORKS, AGRA

1987 INSC 138Appeal(s) allowed

The Commissioner of Sales Tax, U.P. appealed against the assessment of tax on patta, a cotton belting material, sold by Agra Belting Works. The State had earlier exempted "cotton fabrics of all varieties" from tax by a 1958 notification under Section 4 of the U.P. Sales Tax Act, 1948. A later 1973 …

KAILASH KAURversusSTATE OF PUNJAB

1987 INSC 132Dismissed

Amandeep Kaur was brutally murdered by being doused with kerosene and set alight by her mother-in‑law, Kailash Kaur, and sister‑in‑law Mahinder Kaur, allegedly to extract additional dowry. The deceased’s dying declaration, a letter to her father detailing dowry harassment, and medical and police …

COLLECTOR OF CENTRAL EXCISE, CALCUTTAversusMULTIPLE FABRICS PVT. LTD. ETC.

1987 INSC 133Dismissed

The respondents, manufacturers of PVC conveyor belting, contended that the product should be classified under the residuary Item 68 of the Central Excise Tariff, while the Revenue argued it fell under Item 22 (man‑made fabrics). The Excise & Gold (Control) Appellate Tribunal found that PVC …

GALIB BIN AWAZversusMOHD. ABDUL KHADER AND ORS.

1987 INSC 134Dismissed

The case concerned lands originally settled by the appellant’s grandfather that were requisitioned by the military in 1963 and later acquired by the Central Government in 1970. Abdul Khader, a flower‑picker, claimed to be a protected tenant under the Andhra Pradesh (Telangana Area) Tenancy and …

STATE OF BIHAR ETC. ETC.versusKRIPALU SHANKER ETC. ETC.

1987 INSC 131Appeal(s) allowed

The case arose from a dispute over an ad‑hoc appointment of a Public Relations Officer in the Bihar Irrigation Department. The Patna High Court, in a 1983 order, directed that the post be filled regularly within six months or the ad‑hoc appointment would terminate. The State continued the ad‑hoc …

SHAHZAD HASAN KHANversusISHTIAQ HASAN KHAN & ANR.

1987 INSC 136Appeal(s) allowed

The appellant Shahzad Hasan Khan filed a criminal appeal against the Allahabad High Court's order granting bail to the accused Ishtiaq Hasan Khan in a murder case. The accused had faced three prior bail rejections by the same High Court judge, and a subsequent application was initially directed to …

R.K.UPADHYAYAversusSHANABHAI P. PATEL

1987 INSC 137Appeal(s) allowed

The respondent challenged a notice of reassessment issued under section 147(b) of the Income‑Tax Act, 1961 for the assessment year 1965‑66, arguing that the notice was barred by the statutory limitation. The Gujarat High Court quashed the notice, relying on the earlier Banarsi Debi decision which …

WORKERS OF M/S ROHTAS INDUSTRIES LTD.versusM/S ROHTAS INDUSTRIES LTD.

1987 INSC 130Directions issued

The workers of Mis Rohtas Industries Ltd. were not paid salaries due from May 1984 to July 8, 1984 despite a Supreme Court order dated 5 February 1986 directing payment in three instalments. The State of Bihar later declared the company a "sick industry" under Section 3 of the Bihar Relief …

SHRI BALAGANESAN METALSversusSHRI M.N. SHANMUGHAM CHETTY & ORS.

1987 INSC 127Dismissed

The appellant, a tenant occupying the ground floor of a one‑storey building as a godown, was evicted under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 after the landlord’s legatees claimed bona‑fide need for additional residential accommodation. The appellant …

H.S. SRINIVASA RAGHAVACHAR ETC. ETC.versusSTATE OF KARNATAKA & ORS.

1987 INSC 128Dismissed

The petitioners challenged the Karnataka Land Reforms (Amendment) Act, 1974, which removed a landlord's right to resume tenanted land for personal cultivation, omitted protective provisions for certain classes, created tribunals with members of unspecified qualifications, and barred advocates from …

KHARGRAM PANCHAYAT SAMITY & ANR.versusSTATE OF WEST BENGAL & ORS.

1987 INSC 129Appeal(s) allowed

The Khargram Panchayat Samiti, empowered under section 117 of the West Bengal Panchayat Act, 1973 to grant licences for cattle fairs, resolved to schedule two rival fairs on different days to prevent law‑and‑order problems. The High Court quashed this resolution, holding that the Samiti's power was …

SMT. POONAM LATAversusM.L. WADHAWAN & ORS.

1987 INSC 124Dismissed

The petitioner, Poonam Lata, filed a writ petition under Article 32 seeking habeas corpus for her husband Shital Kumar, who had been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 28‑Feb‑1986. After a rejected …

CANARA BANKversusCANARA SALES CORPORATION & ORS

1987 INSC 125Dismissed

Canara Sales Corporation held a current account with Canara Bank. The company's chief accounts officer fraudulently withdrew Rs.3,26,047.92 using 42 forged cheques. The company sued the bank to recover the amounts, alleging the cheques were unauthorized and that the bank could not rely on the …

COMMISSIONER OF INCOME-TAX, KANPURversusBEHARI LAL RAM CHARAN LTD.

1987 INSC 126Dismissed

The Commissioner of Income‑Tax appealed against the Allahabad High Court’s decision in favour of Behari Lal Ram Charan Ltd, which allowed the company to set off a capital loss of Rs 3,17,500 incurred in assessment year (AY) 1957‑58 against capital gains of Rs 3,10,200 in AY 1965‑66. The Revenue …

SMT. PADMAVATI JAIKRISHNAversusADDL. COMMISSIONER OF INCOME TAX, GUJARAT AHMEDABAD

1987 INSC 123Dismissed

Smt. Padmavati Jaikrishna, an individual assessee, claimed a deduction of Rs.10,275 under section 57(iii) of the Income Tax Act, 1961 for interest paid on loans taken to meet personal obligations such as income‑tax, wealth‑tax and a statutory annuity deposit. The Income Tax Officer held that only a …

VINOD KUMARversusSTATE OF U.P.

1987 INSC 116Dismissed

Vinod Kumar, a college student, was convicted for leading a pre‑planned triple murder in 1973 and sentenced to life imprisonment under IPC s.302 read with s.149. He appealed, the High Court affirmed the conviction, and later obtained special leave to raise a belated claim that he was a child (under …

STATE OF HARYANAversusUTTAM ALIAS CHEAKU

1987 INSC 117Appeal(s) allowed

The State of Haryana prosecuted Uttam alias Cheaku and three others for a highway robbery on the Delhi‑Jaipur road, during which the victims Om Parkash and his wife Jai Rani were assaulted, robbed and injured. The trial court, after detailed consideration of victim testimony and identification …

JAGANNATHAN PILLAIversusKUNJITHAPADAM PILLAI & ORS.

1987 INSC 118Dismissed

The case concerned a Hindu widow who had inherited a limited estate from her deceased husband before the Hindu Succession Act, 1956 and had transferred the property to an alienee. After the Act came into force, the alienee reconveyed the property to her, restoring her possession. The appellant …

RAMCHANDRA GOVERDHAN PANDITversusCHARITY COMMISSIONER OF STATE OF GUJARAT

1987 INSC 119Dismissed

Ramchandra Govardhan Pandit challenged a decision of the Charity Commissioner that his properties were a public trust. After the Commissioner’s order was dismissed by the Commissioner and the City Civil Court under Section 72 of the Bombay Public Trusts Act, 1950, Pandit appealed to the Gujarat High …

UNITED BANK OF INDIAversusSMT. KANAN BALA DEVI & ORS.

1987 INSC 120Appeal(s) allowed

United Bank of India sued Ramesh Chandra Roy Choudhury for recovery of an overdraft. The defendant died in 1960, and his widow informed a different branch of the bank of his death. The suit, filed by the Royal Exchange Branch, continued, and eight years later the bank applied to implead the …

INCOME-TAX OFFICER, CALCUTTA & ORS.versusRADHESHYAM LADIA

1987 INSC 121Dismissed

The respondent, Radheshyam, was assessed for the years 1960-61, 1961-62 and 1962-63 and was served notices under sections 147(a) and 148 of the Income‑Tax Act, 1961. The Income‑Tax Officer alleged that his wife had received valuable assets from him without adequate consideration and that the income …

UNION OF INDIAversusNIHAR KANTA SEN & ORS.

1987 INSC 122Case Partly allowed

During World War II the Collector requisitioned 199.04 acres of land in Burdwan, West Bengal, for a military aerodrome. The claimants, heirs of the original patni holder, sought compensation for loss of the land, forest, minerals and structures. The High Court awarded Rs.2,00,000 as terminal …

STATE OF HARYANAversusSHRI P.C. WADHWA, IPS INSPECTOR GENERAL OF POLICE & ANR.

1987 INSC 114Dismissed

The case concerned whether the Home Secretary of Haryana could act as the reporting authority for the Inspector General of Police (IGP) under the All‑India Services (Confidential Rolls) Rules, 1970. The respondent, IGP P.C. Wadhwa, challenged a confidential report and adverse remarks prepared by the …

COMMISSIONER OF GIFT TAX GUJARATversusCHHOTALAL MOHANLAL

1987 INSC 113Appeal(s) allowed

The assessee, a partner in M/s. Chhotalal Vedilal, reduced his share in the firm and admitted his two minor sons to the partnership benefits, thereby relinquishing 19% of the goodwill. The Gift Tax Officer treated this relinquishment as a taxable gift of goodwill. The Appellate Assistant …

JAMANA FLOUR & OIL MILL (P) LTD.versusSTATE OF BIHAR

1987 INSC 115Dismissed

Jamana Flour & Oil Mill Ltd., a registered dealer, sold wheat products packed in gunny bags during 1964-65. The Assessing Officer taxed the wheat products at 2% and the gunny bags at 4% under the Bihar Sales Tax Act, 1959, invoking the Roller Mills Wheat Products (Price Control) Order, 1964. The …

DEV SINGH & ORS.versusREGISTRAR, PUNJAB & HARYANA HIGH COURT & ORS.

1987 INSC 111Dismissed

The appellants, ministerial officers of district courts in Ferozepur and Zira, were dismissed after taking part in slogans against a judicial magistrate and the district judge. They appealed the dismissal under Rule X of Chapter 18‑A of the Punjab & Haryana High Court Rules, which provides a …

MRS. Y. THECLAMMAversusUNION OF INDIA & ORS.

1987 INSC 112Dismissed

The petitioners, a teacher and vice‑principal of a Delhi aided school run by a linguistic minority society, were suspended by the school management on charges of fund diversion without obtaining prior approval of the Director of Education as required by section 8(4) of the Delhi School Education …

LACHMAN SINGHversusKIRPA SINGH & OTHERS

1987 INSC 107Dismissed

The case concerned the devolution of property of Khem Kaur, a Hindu female who died intestate. Kirpa Singh, her son by her second husband, claimed the entire estate, arguing that as the sole "son" he was entitled to the whole share under section 15(1)(a) of the Hindu Succession Act, 1956. Lachman …

COMMISSIONER OF INCOME TAX, U.P.versusSHAH SADIQ AND SONS.

1987 INSC 108Dismissed

Shah Sadiq & Sons, a partnership firm registered under the Income Tax Act, incurred speculation losses of Rs 60,054 in AY 1960‑61 and Rs 6,839 in AY 1961‑62 and claimed to set them off against a profit of Rs 58,102 in AY 1962‑63. The Income‑Tax Officer rejected the claim, holding that, for a …

STATE OF U.P.versusNIYAMAT & ORS.

1987 INSC 109Dismissed

The respondents, led by Niyamat, attempted to rescue a suspect, Dharampuri, who had been taken into police custody. When constable Gauri Shanker fired three shots, the respondents perceived a reasonable threat of death or grievous injury and assaulted the constables, snatching a gun and cartridges, …

SUBASH SHIV SHANKARversusSTATE OF U.P.

1987 INSC 110Case Partly allowed

The Supreme Court examined the murder convictions of Subash and Shiv Shankar under Section 302 read with Section 34 of the Indian Penal Code. The prosecution alleged a dispute over repair charges that led to a joint attack on the deceased, with eye‑witnesses identifying the accused in identification …

UNION OF INDIA & ORS.versusN. HARGOPAL & ORS.

1987 INSC 105Disposed off

The Supreme Court examined whether the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 applies to government establishments and whether it obliges any employer to recruit only candidates sponsored by employment exchanges. It held that government offices are "establishments in …

CHAMAN LAL & ORS. ETC. ETC.versusSTATE OF HARYANA ETC. ETC.

1987 INSC 106Appeal(s) allowed

The petitioners, teachers in the Haryana Educational Service who joined as Basic Trained teachers and later obtained B.T. or B.Ed. qualifications, challenged a 1979 government order that limited their entitlement to the higher Masters pay scale. The High Court had held that only those who acquired …

KANSA BEHERAversusSTATE OF ORISSA

1987 INSC 104Appeal(s) allowed

The appellant Kansa Behera was charged with the murder of Bhatal Majhi, who was found dead with his throat cut after a land dispute with another accused, Jitrai Majhi. The prosecution relied on three pieces of circumstantial evidence: the appellant was seen with the deceased on the evening before …

UNION OF INDIA & ANR.versusCYNAMIDE INDIA LID. & ANR.

1987 INSC 100Appeal(s) allowed

The Union of India appealed against a Delhi High Court judgment that quashed notifications fixing maximum prices of bulk drugs and retail prices of formulations under the Drugs (Prices Control) Order, 1979, on the ground that the government had failed to observe natural justice. The Court examined …

COMMISSIONER OF INCOME TAX, CALCUTTAversusT.I. & M. SALES LTD.

1987 INSC 101Dismissed

The assessee, T.I. & M. Sales Ltd., was assessed as a representative assessee for ten non‑resident companies and the Revenue claimed a "business connection" under Section 9 of the Income‑Tax Act, 1961, making the Indian company an agent under Section 163(1)(b). The assessee contended that no such …

RAMESH LAXMAN PARDESHIversusSTATE OF MAHARASHTRA

1987 INSC 103Appeal(s) allowed

Ramesh Laxman Pardeshi and others were convicted of murder (s.302 IPC) for stabbing Sheroo Lala after a heated verbal exchange near Badshah's hand‑cart. The appellant argued that the stabbing was done in the heat of passion, provoked by vulgar words, without pre‑meditation or intention to cause …

JOINT DIRECTOR OF MINES SAFETYversusTANDUR & NAYANDGI STONE QUARRIES (P) LTD.

1987 INSC 97Appeal(s) allowed

The Joint Director of Mines Safety issued a notice under Sections 17 and 22 of the Mines Act, 1952, requiring Tandur & Nayandgj Stone Quarries (P) Ltd. to appoint a qualified manager after an inspection revealed that the open‑cast mine employed more than 50 persons in a day. The quarry filed a writ …

RAM SARUP GUPTA (DEAD) BY LRS.versusBISHUN NARAIN INTER COLLEGE & ORS.

1987 INSC 98Dismissed

Ram Sarup Gupta purchased a property that had been occupied by Bishun Narain Inter College and its associated school under a license granted by the former owner, Raja Ram Kumar Bhargava. The school had constructed permanent buildings on the land and incurred expenses, claiming the license was …

I.L. DHINGRA & ORS.versusSTATE OF U.P. & ORS.

1987 INSC 96Dismissed

The New Okhla Development Area Authority (NOIDA), constituted under the Uttar Pradesh Industrial Area Development Act, 1976, announced LIG‑EWS and MIG housing schemes and later reserved a percentage of houses for various categories, including land‑acquired persons, entrepreneurs, NOIDA employees, …

K.P. SUBBARAMA SASTRI & ORS. ETC.versusK.S. RAGHAVAN & ORS. ETC.

1987 INSC 94Dismissed

The respondents, subscribers to a Kuri (chit fund) in 1962, defaulted on instalment payments after receiving their prized amounts. Their bonds contained a clause that on default the entire balance would become immediately payable in a lump sum with 12% interest, without credit for any dividend. The …

BEGUM SUBANU ALIAS SAIRA BANU & ANR.versusA.M. ABDUL GAFOOR

1987 INSC 95Appeal(s) allowed

Be​gum Subanu, a Muslim wife, filed a petition under Section 125 of the Criminal Procedure Code seeking maintenance for herself and her minor daughter after her husband, Abdul Gafoor, married a second wife. The lower courts dismissed her claim, holding that the husband's offer to take her back and …

STATE OF ORISSAversusBHAGABAN BARIK

1987 INSC 93Appeal(s) allowed

The State of Orissa appealed the acquittal of Bhagaban Barik, who had struck a man with a lathi on the head, causing death. Barik claimed he acted in private defence of his property, believing the deceased to be a thief, and invoked section 79 of the IPC as a defence of mistake of fact. The Supreme …

TOTA SINGH & ANR.versusSTATE OF PUNJAB

1987 INSC 91Appeal(s) allowed

Four men were tried for murder and attempt to cause hurt under Sections 302, 34 and 323, 34 of the IPC. The Sessions Court acquitted them, finding the delay in reporting, lack of motive, and the unreliability of two eyewitnesses (PW2 and PW6) sufficient to raise doubt. The Punjab and Haryana High …

SKANDIA INSURANCE CO. LTD.versusKOKILABEN CHANDRAVADAN & ORS.

1987 INSC 92Dismissed

The owner of a truck left the engine running and handed control to a cleaner, an unlicensed person, who interfered and caused an accident. The owner was held vicariously liable for damages, and the insurer sought to rely on an exclusion clause that barred liability when an unlicensed driver was at …

P. ANANTHAKRISHNAN NAIR & ANR.versusDR. G. RAMAKRISHNAN & ANR.

1987 INSC 90Dismissed

The appellants, heirs and a receiver of a leasehold property in Madras, sought to invoke Section 9 of the Tamil Nadu City Tenants Protection Act, 1921 to compel the landlords to sell the demised land to them after an ejectment suit was filed. The lease, originally granted in 1924, had been abandoned …

ASHARFI LAL & SONSversusSTATE OF U.P.

1987 INSC 88Dismissed

Asharfi Lal and Babu, real brothers, along with their sons, entered the house of Smt. Bulakan on the night of 13-14 August 1984 to settle a property dispute. They brutally murdered her two daughters, Kumari Sumati (14) and Kumari Kalkanta (20), using a gandasa and a banka, and attempted to kill Smt. …

MISS LENA KHANversusUNION OF INDIA & ORS.

1987 INSC 89Dismissed

Lena Khan, a Deputy Chief Air Hostess of Air India, challenged the airline's retirement policy that required Indian‑origin air hostesses to retire at 35 (extendable to 45) while foreign‑origin hostesses could serve beyond 45, alleging violations of Articles 14 and 15 of the Constitution. The …

SHAMMA BHATT & ORS.versusT. RAMAKRISHNA BHATT

1987 INSC 85Dismissed

The appellants' father bought property from the minor's mother (guardian) in 1939. After the minor attained majority, he sued to set aside the sale and recover possession. The trial and appellate courts dismissed his suit, but the Kerala High Court set aside those judgments, ordering the respondent …

MAHESH S/O. RAM NARAIN ETC.versusSTATE OF MADHYA PRADESH

1987 INSC 86Dismissed

The appellants, Ram Narayan and his son Mahesh, were convicted of murdering five persons in Madhya Pradesh in 1984. The murders were allegedly motivated by the marriage of a higher‑caste woman to a Harijan man, leading the accused to commit a series of brutal axe killings, including a neighbour and …

HARI OM GAUTAMversusDISTRICT MAGISTRATE, MATHURA & ANR.

1987 INSC 87Appeal(s) allowed

The District Magistrate of Mathura declared two plots in the Baldev town area as a bus stand/halting place and the Town Area Committee contracted a private firm to collect fees from bus operators. The appellant, a bus operator, challenged the magistrate's order and the fee levy through a writ …

MACKINNON MACKENZIE & CO. LTD.versusAUDREY DCOSTA & ANR.

1987 INSC 81Dismissed

The case concerned a female confidential stenographer, Audrey D’Costa, who claimed that after the Equal Remuneration Act, 1976 came into force she was paid lower wages than male stenographers performing the same or similar work. The employer, Mackinnon Mackenzie & Co., argued that the business was …

STATE OF GUJARATversusMOHANLAL JITAMALJI PORWAL & ANR.

1987 INSC 82Appeal(s) allowed

The respondent, a railway passenger, was found wearing a waist‑chain of 820 g that was pure gold coated with mercury to appear silver. A customs officer seized the chain and the respondent was charged under the Gold (Control) Act, 1968 and the Customs Act, 1962. The trial court acquitted him, …

KEWAL RAMversusSMT. RAM LUBHAI & ORS. AND VICE VERSA

1987 INSC 83Dismissed

Smt. Ram Lubhai, a minor daughter of the vendor, sued three brothers for possession of land on the basis of a pre-emption right. Only one brother, Kewal Ram, was served; the other two brothers were served by substituted service and a decree was passed ex parte against them. The brothers appealed, …

KEWAL RAMversusSMT. RAM LUBHAI & ORS. AND VICE VERSA

1987 INSC 84Dismissed

The Supreme Court considered two appeals arising from the same suit. In the first appeal (Kewal Ram v. Ram Lubhai) the Court examined whether an application under Order IX Rule 13 of the CPC could be filed in the trial court to set aside an ex‑parte decree against defendants who had never been …

SITARAM JIVYABHAI GAVALIversusRAMJIBHAI PETIYABHAI MAHALA & ORS.

1987 INSC 80Appeal(s) allowed

The appellant, a temporary government investigator, resigned by tendering a one‑month notice pay as required by Condition 6 of his appointment and handed over all official records on 24 Nov 1984, two days before filing his nomination for the Lok Sabha election. The respondent challenged his …

JAGAT SINGHversusKARAN SINGH (DEAD) BY LRS. & ORS.

1987 INSC 77Appeal(s) allowed

The case concerned the interpretation of Section 6(4) of the Tehri Garhwal Bhumi Sambandhi Adhikar Niyam, which confers a right to become a sub‑tenant (khaikari) on a 'sapinda' of a deceased issueless sub‑tenant who lived with him as a member of a joint family. The appellant, a sapinda of the …

STATE OF WEST BENGAL & ORS. ETC.versusLAL CHAND AGARWALLA & ORS. ETC.

1987 INSC 78Appeal(s) allowed

The Supreme Court examined whether groundnuts, classified as "nuts" under the Schedule of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1970 (and its 1972 amendment, as amended by West Bengal Act XIX of 1974), are liable to entry tax when imported for the purpose of extracting …

COMMISSIONER OF SALES TAXversusLEATHER FACTS CO.

1987 INSC 79Disposed off

Leather Facts Co., a dealer in hides and skins that exported its goods, filed purchases using Form III‑A under the Uttar Pradesh Sales Tax Act because no specific form existed for export transactions. The Commissioner held that purchases made against Form III‑A were liable to purchase tax, whereas …

BRIJ MOHAN SINGH CHOPRAversusSTATE OF PUNJAB

1987 INSC 75Appeal(s) allowed

The appellant, a senior government officer, was prematurely retired under Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975. He challenged the order, arguing that the State had relied on remote adverse entries in his confidential reports and had ignored his representations …

B.P. KHEMKA PVT. LID.versusBIRENDRA KUMAR BHOWMICK & ANR.

1987 INSC 72Permission to File SLP/Appeal-allowed and matter dismissed(including all pending IAs)

The tenant, B.P. Khemka Pvt. Ltd., was sued for eviction on the ground of rent default. While the suit was pending, the West Bengal Premises Tenancy (Amendment) Ordinance 1967 introduced Section 17(2A) allowing tenants in default to pay arrears in instalments, and Section 5 gave it retrospective …

DIPAK KUMAR BISWASversusDIRECTOR OF PUBLIC INSTRUCTION & ORS.

1987 INSC 73Appeal(s) allowed

Dipak Kumar Biswas, a permanent government auditor, resigned to take up a lecturer post in a private aided college in Meghalaya, relying on the principal's assurance that the Director of Public Instruction's approval was a formality. After five months his appointment was terminated because the …

RAM ADHAR SINGH (DEAD) THROUGH LRS. & ORS.versusBANSI (DEAD) THROUGH LRS. & ORS.

1987 INSC 74Dismissed

The Supreme Court considered a suit under Section 202 of the U.P. Zamindari Abolition and Land Reforms Act, 1951 for possession of land on payment of a mortgage money. The mortgage in question was a usufructuary mortgage of an occupancy holding executed in 1869 when the Recovery of Rents (Bengal) …

GAYA PRASADversusSURENDRA BAHADUR SINGH, (DEAD) BY L.RS. & ORS.

1987 INSC 71Appeal(s) allowed

The appellant, Gaya Prasad, sued for specific performance of a 1958 agreement to sell a house that had been exempted from sale under Section 24 of the U.P. Encumbered Estates Act, 1934. The respondent‑landlord had earlier obtained an exemption for the house and a mortgage on the property had been …

STATE OF ANDHRA PRADESHversusY. PRABHAKARA REDDY

1987 INSC 69Dismissed

The State of Andhra Pradesh sought recovery of the excise‑duty component of the issue price for arrack that excise contractors failed to lift against their minimum guaranteed quantity. The contractors argued that excise duty, being a component of the issue price, could be severed and should not be …

BUDHWANTI AND ANR.versusGULAB CHAND PRASAD

1987 INSC 70Dismissed

The case concerned a long‑standing tenancy that began in 1932, where the rent was progressively increased from Rs.16 to Rs.60 in violation of the Bihar Buildings (Lease, Rent and Eviction) Control Act. After the landlord, who became the Karta of the joint family, served a notice of termination, the …

VINCENT PANIKURLANGARAversusUNION OF INDIA & ORS.

1987 INSC 66Disposed off

Vincent Panikurlangara, an advocate and General Secretary of a public‑interest law service society, filed a writ petition under Article 32 seeking a total ban on the import, manufacture, sale and distribution of certain drugs that had been recommended for prohibition by the Drugs Consultative …

S.K. VISWAMBARANversusE. KOYAKUNJU & ORS.

1987 INSC 68Appeal(s) allowed

The Supreme Court examined an appeal by Deputy Superintendent of Police S.K. Viswambaran (appellant) who sought expunction of adverse remarks made against him by the Kerala High Court in an order relating to petitions filed by two police officers (respondents). The High Court, while considering the …

UNION OF INDIA & ORS.versusMANOHARLAL NARANG

1987 INSC 65Dismissed

The case concerned a notice issued under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) against Manoharlal Narang, who was a brother of Ramlal Narang, whose detention under COFEPOSA had been challenged. The Supreme Court examined whether a …

PARAM HANS YADAV & SADANAND TRIPATHIversusSTATE OF BIHAR & ORS.

1987 INSC 61Disposed off

Param Hans Yadav and Sadanand Tripathi were convicted for the murder of Collector Mahesh Narain Prasad, Yadav having thrown a bomb and later confessing that he acted on Tripathi's orders. Yadav's confession, both judicial and extra‑judicial, was obtained after he was assaulted and was therefore not …

ISHA STEEL TREATMENT, BOMBAYversusASSOCIATION OF ENGINEERING WORKERS, BOMBAY & ANR.

1987 INSC 62Appeal(s) allowed

Sha Steel Treatment operated two separate metal‑processing units, Unit I (established 1963 with 32 workers) and Unit II (established 1975 with 75 workers, located about 200 m apart). Unit I was closed on 15 Feb 1982 due to alleged indiscipline and low production, and closure compensation was …

STATE OF U.P.versusHARI SHANKAR TEWARI

1987 INSC 60Dismissed

The State of Uttar Pradesh sought to uphold a detention order issued under Section 3(2) of the National Security Act, 1980 against Hari Shankar Tewari. The Allahabad High Court had quashed the order, relying on the Full Bench decision in Ashok Dixit v. State which held that a solitary assault …

SMT. MARY OOMMENversusMANAGER, M.G.M. HIGH SCHOOL, KURUPPAMPADDY, KERALA & ORS.

1987 INSC 63Appeal(s) allowed

The appellant, a qualified Social Studies teacher, had worked in two temporary vacancies at M.G.M. High School in 1970. When a permanent vacancy arose in 1971, the school manager appointed another teacher who had worked later in a different temporary vacancy. The appellant claimed a preferential …

STATE OF UTTAR PRADESHversusBRAHMA DATT SHARMA AND ANR.

1987 INSC 64Appeal(s) allowed

Brahma Datt Sharma, an executive engineer of Uttar Pradesh, was dismissed in 1972 after a departmental inquiry and later had the dismissal order quashed by the High Court in 1984 because he was not given a chance to see the recommendation on the quantum of punishment. While he was retired, the State …

PANDIYAN ROADWAYS CORPORATION LTD.versusTHIRU M.A. EGAPPAN

1987 INSC 58Appeal(s) allowed

PANDIYAN ROADWAYS CORPORATION LTD, a State Transport Undertaking, had an approved scheme published under s.68‑D of the Motor Vehicles Act, 1939 for the Madurai‑Kumuli route, excluding all private operators except those listed in Annexure II. M.A. EGAPPAN, not listed, obtained two variations of his …

STATE OF KARNATAKA ETC.versusSHRI RAMESHWARA RICE MILLS THIRTHAHALLI ETC.

1987 INSC 59

The State of Karnataka entered into agreements with private contractors that contained Clause 12, which stipulated that any damages for breach of conditions would be assessed by the State and could be recovered as arrears of land revenue under the Revenue Recovery Act. After a contractor was found …

BACHAN LAL KALGOTRAversusSTATE OF JAMMU & KASHMIR AND OTHERS

1987 INSC 55Dismissed

Bachan Lal Kalgotra, chairman of the Action Committee of West‑Pakistani refugees, migrated to Jammu & Kashmir in 1947 and has lived there for about forty years. Although an Indian citizen, he is not a "permanent resident" under Section 6 of the Jammu & Kashmir Constitution and therefore is barred …

UNION OF INDIA & ANR.versusR.C. DSOUZA

1987 INSC 57Appeal(s) allowed

R.C.D. Souza, a retired Indian Army officer, was recruited as an Assistant Commandant in the Central Reserve Police Force (CRPF) under Rule 105(3‑A) and later promoted on a temporary basis to Commandant. In 1976 he was informed that, under the then‑applicable Rule 107(2) of the CRPF Rules, he was …

UNION OF INDIAversusA.R. SHINDE & ANR.

1987 INSC 52Appeal(s) allowed

The Union of India appointed Shri Suresh Mathur as Director General of All India Radio by transfer on deputation for an initial six‑month term, later extending it to two years. The Additional Director General, A.R. Shinde, claimed he was eligible for promotion and that Mathur’s appointment violated …

CHOWGULE & CO. PRIVATE LIMITED ETC.versusUNION OF INDIA & ORS.

1987 INSC 53Dismissed

Chowgule & Co. Private Ltd. and V.S. Dempo & Co. imported second‑hand tankers that were converted into transhippers for topping‑up iron ore at Mormugao harbour. The Customs authorities demanded that the companies file Bills of Entry for the vessels, treating them as "goods for home consumption" …

COLLECTOR, LAND ACQUISITION, ANANTNAG & ANR.versusMST. KATIJI & ORS.

1987 INSC 54Appeal(s) allowed

The State of Jammu & Kashmir appealed a High Court order that enhanced compensation for land acquired for public purpose, increasing the award from Rs 1,000 to Rs 8,000 per kanal. The High Court dismissed the appeal as time‑barred, being four days late, and rejected the State's application for …

KANUBHAI BRAHMBHATTversusSTATE OF GUJARAT

1987 INSC 48

In Writ Petition No. 1669 of 1986 filed under Article 32 of the Constitution, the petitioner sought relief directly from the Supreme Court against the State of Gujarat. The Court examined whether there were good and substantial reasons to require the petitioner to first approach the concerned High …

MYSORE ROLLING MILLS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BELGAUM

1987 INSC 49Dismissed

Mysore Rolling Mills manufactured aluminium wire rods for customers and, between September 1974 and May 1977, collected Rs 60 per metric ton as handling charges in addition to regular invoices. The Excise authorities issued a notice under Rule 10(i)(c) to add these handling charges to the invoice …

TSERING DOLKARversusADMINISTRATOR, UNION TERRITORY OF DELHI & ORS.

1987 INSC 50Case Allowed

The husband of petitioner Tsering Dolkar was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized large quantities of gold, foreign currency and Indian rupees from his residence. The detention order and the grounds supporting it, …

DR. (MRS.) VIJAYA MANOHAR ARBATversusKASHI RAO RAJARAM SAWAI AND ANR.

1987 INSC 51Dismissed

Dr. (Mrs.) Vijaya Manohar Arbat, a married medical practitioner, was sued by her father, Kashirao Rajaram Sawai, for maintenance under Section 125(1)(d) of the Criminal Procedure Code, 1973, on the ground that he could not maintain himself. The trial magistrate and the Bombay High Court held the …

GOKAK PATEL VOLKART LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, BELGAUM

1987 INSC 47Appeal(s) allowed

Gokak Patel Volkart Ltd challenged a show‑cause notice issued on 20 May 1982 seeking excise duty for the period June 1976 to February 1981, arguing that it was beyond the six‑month limitation under Section 11A of the Central Excises and Salt Act, 1944. The Karnataka High Court had earlier stayed …

STATE OF KARNATAKAversusKUPPUSWAMY GOWNDER

1987 INSC 45Appeal(s) allowed

The State of Karnataka appealed against the Karnataka High Court's order quashing the conviction of Kuppuswamy Gounder for murder and assault. The High Court had set aside the conviction on the ground that the case had been transferred among Sessions Judges without a formal order under s.407 CrPC …

BISWANATH GHOSHversusSTATE OF WEST BENGAL & ORS.

1987 INSC 46Appeal(s) allowed

The respondents, convicted under IPC sections 148, 302 and 149, appealed to the Calcutta High Court. The High Court admitted the appeal but, without receiving the Sessions Court records or fixing a hearing date, acquitted the respondents based on an alleged concession by the public prosecutor. The …

SACHIDANANDA PANDEYversusSTATE OF WEST BENGAL & ORS.

1987 INSC 42Dismissed

The petitioners filed a public‑interest writ seeking to restrain the West Bengal Government from leasing four acres of Begumbari land, part of the Alipore Zoological Garden, to the Taj Group for a five‑star hotel, alleging ecological harm to migratory birds and violation of natural‑justice …

MAHABIR PRASAD SANTUKA & ORS.versusCOLLECTOR, CUTTACK & ORS.

1987 INSC 43Appeal(s) allowed

The appellants' land was acquired for an Aviation Research Centre and the Collector initially awarded Rs 2,000 per acre as compensation. The Subordinate Judge enhanced it to Rs 15,000 per acre, but the Orissa High Court reduced the amount to Rs 7,500 per acre, reasoning that the State’s concessional …

STATE OF BIHAR AND ORS.ETC.versusASHOK INDUSTRIES & ANR. ETC.

1987 INSC 39Dismissed

The State of Bihar challenged Ashok Industries for not paying market fees under the Bihar Agricultural Produce Markets Act, 1960, as amended in 1982. The amendment introduced two Explanations: one to the definition of "sale" in Section 2(P)(i) and another to the charging provision in Section 27, …

K. CH. PRASADversusSMT. J.VANALATHA DEVI AND ORS.

1987 INSC 40Dismissed

A complaint was filed against K. Ch. Prasad, an officer of a nationalised bank, under IPC sections 120(b), 467 and 471. The appellant objected that the prosecution could not proceed without prior sanction under CrPC section 197, arguing that he was a public servant whose removal required government …

JAWAHAR LAL SINGHversusNARESH SINGH & ORS.

1987 INSC 41Appeal(s) allowed

Twenty‑five accused were tried for dacoity and murder under Section 396 of the IPC. Eye‑witnesses claimed to have identified the accused in lantern light, and the prosecution evidence was attributed to different accused. The Sessions Judge discarded the prosecution evidence and acquitted all …

PREMIER TYRES LTD.versusCOLLECTOR OF CENTRAL EXCISE, COCHIN

1987 INSC 37Dismissed

Premier Tyres Ltd. challenged a Customs, Excise and Gold Control Appellate Tribunal order on the sequence of applying three Central Excise notifications granting duty exemptions. The dispute centered on whether the 1977 notification (exempting duty equal to that paid on inputs) should be applied …

ABDUL LATIF ABDUL WAHAB SHEIKHversusB.K. JHA & ANR.

1987 INSC 38Appeal(s) allowed

Abdul Latif Abdul Wahab Sheikh was acquitted of murder but was immediately placed under preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985. No Advisory Board existed at the time, and the statutory requirement to refer the case to the Board within three weeks was …