Created by Fuzzy Cloud

Judgments of 1987

308 judgments · newest first · showing 201–308

A. VISWANATHANversusSTATE TRANSPORT APPELLATE TRIBUNAL, PONDICHERRY & ANOTHER

1987 INSC 35Disposed off

The appellant, A. Viswanathan, challenged the State Transport Appellate Tribunal’s order that set aside his temporary stage‑carriage permit on the Pondicherry‑Madras route and granted it to another party. The Court examined whether a Regional Transport Authority could repeatedly issue temporary …

TIRATH RAM GUPTAversusGURBACHAN SINGH & ANR.

1987 INSC 36Dismissed

The landlord leased a shop‑cum‑flat to a tenant in 1963 and two adjoining flats in 1967. The tenant sub‑let those two flats to a sub‑tenant before the East Punjab Urban Rent Restriction Act, 1949 came into force in Chandigarh on 4‑Nov‑1972. After a compromise, the Rent Controller ordered eviction of …

CAPT. (NOW MAJOR) ASHOK KSHYAPversusMRS. SUDHA VASISHT & ANR.

1987 INSC 33Appeal(s) allowed

The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first …

CATERING CLEANERS OF SOUTHERN RAILWAY ETC.versusUNION OF INDIA & ORS. ETC.

1987 INSC 34Disposed off

The petitioners, about 300 catering cleaners employed by contractors on the Southern Railway, alleged that they were paid meagre wages and denied statutory benefits, and sought a writ of mandamus under Article 32 to compel the abolition of the contract‑labour system and their regularisation as …

COMMISSIONER OF INCOME TAX, KANPURversusDR. R.S. GUPTA

1987 INSC 30Appeal(s) allowed

Dr. R.S. Gupta claimed that two sums (Rs.1,50,000 and Rs.67,560½) were valid gifts to his sons and grandsons, effected by instructing a non‑banking firm (Messrs Tika Ram & Sons) to debit his account and credit the donees' accounts. The firm had only Rs.4,000 cash and no overdraft facility. The …

COMMISSIONER OF INCOME-TAX, U.P., LUCKNOWversusBRITISH INDIA CORPN. LTD., KANPUR

1987 INSC 31Dismissed

British India Corp Ltd entered into an agreement with Charles Walker & Co. to obtain technical know‑how, use certain trademarks and receive specialised tanning processes. Paragraph 7 of that agreement required the company to appoint Textile & General Supplies, a nominee of Charles Walker, as its …

MUNICIPAL CORPORATION OF HYDERABADversusP.N. MURTHY & ORS.

1987 INSC 27Appeal(s) allowed

The Hyderabad Municipal Corporation built houses under its Low Income Housing Scheme and allotted them on hire‑purchase, with the agreement stipulating that title would remain with the corporation until full payment and that all municipal taxes would be borne by the allottees. The corporation served …

TARSEM LALversusSTATE OF HARYANA

1987 INSC 28Appeal(s) allowed

The appellant, a patwari, demanded Rs.200 for supplying copies of revenue records to a landowner, receiving Rs.50 in advance and promising the balance of Rs.150 on the registration date. The landowner paid the Rs.150 to the patwari, after which the Sub‑Divisional Officer, suspecting misconduct, laid …

UNION OF INDIA & ANR.versusWING COMMANDER R.R. HINGORANI (RETD.)

1987 INSC 29Appeal(s) allowed

Wing Commander R.R. Hingorani, a retired Air Force officer, was allotted a government flat in 1968. After his transfer in 1970 he failed to inform the Directorate of Estates and continued to occupy the flat for nearly five years beyond the two‑month concessional period, after which the allotment was …

COMMISSIONER OF INCOME TAXversusMUSSADILAL RAM BHAROSE

1987 INSC 24Dismissed

The assessee, a liquor‑vendor firm, filed its return of income based on its own books, which the Income‑Tax Officer rejected and recomputed using an 8% net‑profit rate, resulting in a total income that was less than 80% of the correct income. A penalty under section 271(1)(c) of the Income‑Tax Act …

HEM LALL BHANDARIversusSTATE OF SIKKIM AND OTHERS

1987 INSC 25Case Allowed

The petitioner, H.L. Bhandari, was detained under Section 3 of the National Security Act, 1980 on 25 September 1986 and served with the detention order on 29 September 1986. A habeas corpus petition was filed and the Bombay High Court stayed the detention, but the stay could not be served before the …

BANK OF INDIAversusYETURI MAREDI SHANKER RAO & ANR.

1987 INSC 26Appeal(s) allowed

The respondent, an accounts clerk at Bank of India, obtained a withdrawal form bearing forged signatures of account holder V. Suryakantam, presented it to the bank, withdrew Rs.6,000 and pocketed the money, signing the acknowledgment on the reverse. The trial court convicted him under sections 420, …

YOGENDER PAL SINGH & OTHERSversusUNION OF INDIA & ORS.

1987 INSC 23Dismissed

The petitioners, sons and wards of Delhi police personnel, applied for constable posts and relied on a 3 October 1981 order of relaxation issued by the Deputy Commissioner of Police. They were denied training because their brothers had already been recruited and because the relaxation had not been …

DIPAK KUMAR GHOSHversusMIRA SEN

1987 INSC 21Dismissed

The tenant, D.K. Ghosh, sent rent by postal money order stating "we shall vacate the premises within next 6/8 months," which the landlord, Mira Sen, treated as a notice to quit. When the tenant failed to surrender possession, the landlord filed an eviction suit under clause (j) of s.13(1) of the …

ABID HUSSAIN AND OTHERS ETC.versusUNION OF INDIA & ORS.

1987 INSC 22Appeal(s) allowed

The petitioners, Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, filed writ petitions under Article 32 alleging they were denied overtime allowance that their counterparts in the Western, Central and Eastern Railways received for extra duty exceeding 96 hours in two weeks. They …

STATE OF KARNATAKAversusKRISHNA ALIAS RAJU

1987 INSC 19Appeal(s) allowed

Krishna alias Raju, a bus driver, was convicted of rash and negligent driving under IPC sections 279, 337, 304-A and Motor Vehicles Act sections 89(a) and 89(b) after his bus struck a bullock cart, causing one death and one injury. The magistrate imposed only nominal fines totaling Rs.345. The State …

UNION OF INDIA & ORS.versusSMT. CHARANJIT KAUR

1987 INSC 16Appeal(s) allowed

Charanjit Kaur, the wife of Dr. Jagjit Singh Chauhan, a self‑styled president of the National Council of Khalistan, visited Punjab in 1983‑84 and met known Sikh militant leaders. The Regional Passport Officer impounded her passport on 18 August 1984 under sections 10(3)(c) and 10(5) of the Passport …

BALBIR SINGHversusSTATE OF HARYANA

1987 INSC 18Appeal(s) allowed

Balbir Singh, a former army officer and school lecturer, was charged under Section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for allegedly inciting a crowd of about 1,500 people during a rail protest in Siwah. The prosecution's case rested solely on the testimony of two …

B.K. SRINIVASAN & ANOTHER ETC. ETC.versusSTATE OF KARNATAKA & ORS.

1987 INSC 15Dismissed

The Supreme Court examined whether the Outline Development Plan (ODP) and its Zonal Regulations for Bangalore were validly published as required by Section 13(4) of the Mysore Town and Country Planning Act, 1961 and the 1965 Planning Authority Rules. The appellants argued that the ODP and …

M.P. SINGH, DY. SUPDT. OF POLICE C.B.I. & ORS.versusUNION OF INDIA AND ORS.

1987 INSC 13Case Allowed

The petitioners, 80 directly recruited CBI officers (non‑deputationists), challenged the Central Government's policy of paying lower special pay to them compared to officers on deputation from State police cadres. They argued that the differential rates violated Articles 14 and 16 of the …

OIL & NATURAL GAS COMMISSIONversusWESTERN COMPANY OF NORTH AMERICA

1987 INSC 14Appeal(s) allowed

The Oil & Natural Gas Commission (ONGC) entered into a drilling contract with Western Company of North America that provided for arbitration under the Indian Arbitration Act, 1940 and the law of India, with hearings to be held in London. An umpire, after the arbitrators could not agree, issued an …

V. VEERARAJAN & ORS.versusGOVERNMENT OF TAMIL NADU & ORS.

1987 INSC 11Appeal(s) allowed

A large number of workmen of Lucas‑T.V.S. Ltd. were dismissed for alleged misconduct; seven of them raised disputes under s.11‑A of the Industrial Disputes Act after conciliation failed. The Tamil Nadu Government refused to refer the disputes to the Labour Court, citing the fairness of the domestic …

M.G. WAGH & ORS.versusJAY ENGINEERING WORKS LTD.

1987 INSC 9Appeal(s) allowed

The Supreme Court examined whether Section 12(2) of the Foreign Exchange Regulation Act, 1947 applies only to sale proceeds of goods exported "for sale" or also to "exports on sale" where the sale is completed before export. The Court held that the phrase "no person entitled to sell or procure the …

RAM KUMARversusSTATE OF HARYANA

1987 INSC 10Disposed off

The appellant, Ram Kumar, a member of the forces charged with maintaining public order, was charged with using excessive force while discharging his duty. The trial court took cognizance of the offence without obtaining the prior sanction required under Section 197 of the Criminal Procedure Code. …

SAMUNDER SINGHversusSTATE OF RAJASTHAN & OTHERS

1987 INSC 8Dismissed

The Supreme Court examined an appeal against a Rajasthan High Court order that granted anticipatory bail under Section 438 of the Code of Criminal Procedure to the accused in a dowry‑death case. The death of the daughter‑in‑law was still under investigation when the High Court intervened. The Court …

BOARD OF TRUSTEES OF THE PORT OF BOMBAYversusJAI HIND OIL MILLS COMPANY AND OTHERS

1987 INSC 4Disposed off

The Board of Trustees of the Port of Bombay (the Port Trust) sought recovery of demurrage charges from Jai Hind Oil Mills Company, which had imported propylene consignments that were detained by Customs pending duty disputes. The Bombay High Court, in writ proceedings where the Port Trust was not a …

CENTRAL WINES, HYDERABAD ETC.versusSPECIAL COMMERCIAL TAX OFFICER ETC.

1987 INSC 5Dismissed

The appellants, dealers under the Andhra Pradesh General Sales Tax Act, 1957, contended that the sales tax component collected from buyers—whether shown separately in the bill or collected via debit notes—should not be counted in their "turnover" for computing sales tax liability, arguing that the …

OM PRAKASHversusAMAR SINGH & ANR.

1987 INSC 7Appeal(s) allowed

Om Prakash was a tenant of a premises in Meerut Cantonment, leased for a dal and oil mill. After the landlords purchased the building, they sued for eviction under Section 14(c) of the U.P. Cantonment Rent Control Act, 1952, alleging that the tenant had made a partition wall and a tin shed that …

KOTAK & CO.versusSTATE OF U.P.

1987 INSC 3Disposed off

The appeal concerned whether, under Order 73 of the Civil Procedure Code, the monies earmarked for rateable distribution become the property of the decree‑holder as soon as the executing court issues its distribution order, irrespective of actual payment, and whether the State can assert a statutory …

MOHD. MUMTAZversusNANDINI SATPATHY AND ORS.

1986 INSC 277Dismissed

The appellant, Mohd. Mumtaz, challenged the order allowing the withdrawal of prosecution against respondent Nandini Satpathy under Section 321 of the Criminal Procedure Code. Satpathy had been charged under the Prevention of Corruption Act for possessing assets disproportionate to her known income. …

MOHD. MUMTAZversusNANDINI SATPATHY AND ORS.

1986 INSC 278Dismissed

The case concerned an alleged misappropriation of funds collected for party souvenirs by the former Chief Minister of Orissa, Nandini Satpathy. After a vigilance case was filed and charges under the IPC were framed, the state government decided to withdraw politically motivated prosecutions. The …

SHEO NANDAN PASWANversusSTATE OF BIHAR & ORS.

1986 INSC 279Dismissed

The Supreme Court examined the validity of a consent order under Section 321 of the Code of Criminal Procedure, 1973, which allowed the withdrawal of prosecution against Dr. Jagannath Misra and others. The Court considered whether the public prosecutor acted independently, whether the magistrate …

DR. D.C. WADHWA & ORS.versusSTATE OF BIHAR & ORS.

1986 INSC 280Appeal(s) allowed

The State of Bihar repeatedly repromulgated ordinances after each legislative session was prorogued, keeping the same provisions in force for years without converting them into statutes. Four petitioners, including a professor and affected individuals, challenged the constitutional validity of three …

M.C. MEHTA AND ANR.versusUNION OF INDIA & ORS.

1986 INSC 281Disposed off

The petitioners filed a writ under Article 32 seeking the closure of Shriram Foods & Fertilizers' hazardous units. During the proceedings oleum gas escaped, prompting the Delhi Legal Aid Board and Delhi Bar Association to file applications for compensation on behalf of victims. The Court examined …

ASSISTANT COLLECTOR OF CENTRAL EXCISE & OTHERS ETC.versusMADRAS RUBBER FACTORY LTD.

1986 INSC 285Disposed off

Madras Rubber Factory Ltd. (MRF) claimed a series of post‑manufacturing deductions – including TAC/Warranty discount, product discounts, interest on stock and receivables, overriding commission, distribution costs, government price differentials, secondary packaging charges and excise duty on …

SHEELA BARSEversusSECRETARY, CHILDREN AID SOCIETY & OTHERS

1986 INSC 286Disposed off

Sheela Barse, a freelance journalist, filed a writ petition challenging the operation of observation homes run by the Children’s Aid Society, Bombay, alleging that children were forced to work without pay, faced hazardous conditions, and suffered delays in repatriation. The Bombay High Court issued …

P. SAMBAMURTHY & ORS. ETC. ETC.versusSTATE OF ANDHRA PRADESH & ANR.

1986 INSC 283Case Allowed

The petitioners challenged the constitutional validity of clause (5) of Article 371‑D, which required a state government’s confirmation for an Administrative Tribunal’s order to become effective and allowed the government to modify or annul such orders. The Court held that while clause (3) …

SATISH SABHARWAL & ORS. ETC.versusSTATE OF MAHARASHTRA ETC.

1986 INSC 284Dismissed

The petitioners, exporters of frozen meat, obtained permission from the Collector under Section 44 of the Maharashtra Land Revenue Code, 1966 to convert agricultural land near Bhiwandi into a non‑agricultural abattoir and cold‑storage facility. Villagers objected, citing potential pollution of a …

PEOPLES' UNION FOR DEMOCRATIC RIGHTSversusSTATE OF BIHAR & ORS.

1986 INSC 273Disposed off

The Peoples' Union for Democratic Rights filed a writ under Article 32 of the Constitution alleging that on 19 April 1986 the police opened fire on a peaceful gathering of poor peasants in Arwal, Bihar, killing at least 21 persons and injuring many others. The petition sought full compensation for …

POURNAMI OIL MILLS, ETC.versusSTATE OF KERALA & ANR.

1986 INSC 274Appeal(s) allowed

The Kerala Government issued two notifications under the Kerala General Sales Tax Act, 1963 offering tax concessions to new small‑scale industries. The first, dated 11 April 1979, promised exemption from both sales tax and purchase tax for five years from the start of production. The second, dated …

DUGGI VEERA VENKATA GOPALA SATYANARAYANAversusSAKALA VEERA RAGHAVAIAH & ANR.

1986 INSC 276Dismissed

The respondents, a father and son, filed an eviction petition under section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide requirement for a shop‑room to start a readymade‑garments business. The Rent Controller ordered eviction, a …

STATE OF MYSOREversusB. BASAVALINGAPPA

1986 INSC 269Dismissed

The respondent, B. Basavalingappa, was appointed as a workshop mechanic and later promoted to workshop instructor in the Mysore State. When pay scales were revised in 1961, diploma holders were placed in a higher scale (Rs.150‑320) than certificate holders (Rs.150‑250), and a further revision in …

T.R. KAPUR & ORS.versusSTATE OF HARYANA & ORS.

1986 INSC 270Appeal(s) allowed

The petitioners, diploma‑holding engineers appointed in the erstwhile Punjab Service, were promoted to Sub‑Divisional Officer in Class II and were eligible for promotion to Executive Engineer in Class I under the unamended Rule 6(b) of the Punjab Service of Engineers (Class I) Rules, 1964. The …

ASHOK GULATI & ORS.versusB.S. JAIN & ORS.

1986 INSC 271Appeal(s) allowed

The petitioners, Ashok Gulati and others, were promoted as Executive Engineers on an ad‑hoc basis by the Haryana Government in 1978, while respondents B.S. Jain and S.L. Gupta, who had earlier served as Temporary Engineers on an ad‑hoc basis, claimed that their service should count for seniority and …

DAYA RAM TRIPATHIversusSTATE OF UTTAR PRADESH & ANR.

1986 INSC 268Appeal(s) allowed

The appellant, Daya Ram Tripathi, a physically handicapped candidate, cleared the 1982 Combined State Services Examination and was entitled to a reserved post in the Uttar Pradesh Provincial Civil Service (Executive Branch) under a 2% reservation policy announced by GO No. 43/90/66 dated 18 July …

YUDHISHTERversusASHOK KUMAR

1986 INSC 265Dismissed

The appellant, Yudhishter, had been in possession of a residential premises since 1962. The respondent landlord, Ashok Kumar, purchased the premises in 1971 and later filed an eviction petition in 1974 under the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming a bona‑fide requirement …

R.S DASS ETC. ETC.versusUNION OF INDIA & ORS.

1986 INSC 266Dismissed

Three officers of the Punjab State Civil Service claimed that they were superseded in the 1978, 1979, 1980 and 1983 IAS promotion Select Lists because junior officers were included while they were omitted, and that the Selection Committee failed to record reasons for supersession, violating Articles …

AMBICA QUARRY WORKS & ANR.versusSTATE OF GUJARAT & ORS.

1986 INSC 267Dismissed

Ambica Quarry Works and others held quarry leases for minor minerals that were granted before the Forest (Conservation) Act, 1980 came into force. After the Act, they applied for renewal of these leases under Rule 18 of the Gujarat Minor Mineral Rules, 1966, but the applications were rejected …

STATE OF PUNJAB & ORS.versusMANOHAR LAL

1986 INSC 263Appeal(s) allowed

The respondent, Manohar Lal, a Sub‑Inspector of Police, was compulsorily retired by an order dated 24 September 1975 issued by the Senior Superintendent of Police, Gurdaspur, under the Punjab Civil Services (Premature Retirement) Rules, 1975. He filed a suit seeking a declaration that the order was …

SHAM LAL (DEAD) BY LRS.versusATME NAND JAIN SABHA (REGD.) DAL BAZAR

1986 INSC 264Appeal(s) allowed

Sham Lal, a statutory tenant, was sued for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged non‑payment of rent. The summons returnable date was 26‑06‑1969, on which the tenant appeared and sought an adjournment; the written statement and tender of arrears …

S.P. SAMPATH KUMAR ETC.versusUNION OF INDIA & ORS.

1986 INSC 259Case Allowed

The petitioners challenged the constitutional validity of the Administrative Tribunals Act, 1985, particularly the exclusion of High Court jurisdiction under Articles 226 and 227 and the qualifications for appointing the Chairman, Vice‑Chairman and members of the Tribunal. The Court held that while …

SHIVAJIRAO NILANGEKAR PATILversusDR. MAHESH MADHAV GOSAVI & ORS. AND VICE VERSA

1986 INSC 260Dismissed

The Supreme Court examined two Special Leave Petitions arising from a writ petition that alleged tampering of MD (Gynaecology) examination grade sheets to favour the daughter of the then Chief Minister of Maharashtra. The trial judge had held that the tampering was done by Dr. Rawal at the behest of …

AUNDAL AMMALversusSADASIVAN PILLAI

1986 INSC 261Appeal(s) allowed

The landlord filed an eviction suit under the Kerala Buildings (Lease & Rent Control) Act, 1965 claiming bona‑fide personal need. The Rent Control Court dismissed the petition, the Subordinate Judge (appellate authority) confirmed the dismissal, and a revision before the District Judge was also …

"COMMON CAUSE" A REGISTERED SOCIETY AND OTHERSversusUNION OF INDIA

1986 INSC 262Appeal(s) allowed

The petitioners, including the society Common Cause, challenged provisions of the Central Civil Services (Commutation of Pension) Rules, 1981, arguing that the rule fixing a 15‑year period after retirement before the commuted portion of pension is restored is arbitrary in view of increased life …

MADHUKAR S/O M. LAPALIKARversusD.V. HINGWE & ORS.

1986 INSC 256Appeal(s) allowed

Madhukar Lapalikar, an evicted tenant and a Central Government employee, was allotted a house in Nagpur in 1960 under clause 24A of the Central Provinces and Berar Letting of House and Rent Control Order, 1949, as an evictee. After retiring in May 1978, a respondent applied under clause 25 of the …

S.P. JAINversusKRISHNA MOHAN GUPTA & ORS.

1986 INSC 257Dismissed

The case concerned a government servant, S.P. Jain, who was ordered to vacate his government‑allotted quarters and sought immediate possession of the first floor of his own house in Meerut cantonment, which was let to K.M. Gupta. Jain filed an eviction petition under sections 24B and 24C of the U.P. …

HARBANS LALversusM.L. WADHAWAN & ORS.

1986 INSC 258Case Allowed

Om Prakash was detained under Section 3(1) of the COFEPOSA Act for allegedly possessing contraband goods. At the Advisory Board hearing he sought to examine five witnesses present to rebut the allegation, but the Board refused and allowed only affidavits, which could not be produced. The Board’s …

LAXMI KANT PANDEYversusUNION OF INDIA

1986 INSC 254Disposed off

The Supreme Court entertained several criminal miscellaneous petitions filed under Article 32 seeking clarification of the procedural safeguards it had earlier laid down for the adoption of Indian children by foreign and Indian parents. It directed that reasonable remuneration, ranging from Rs. 450 …

GIAN CHAND KAPUR (DEAD) BY LRS.versusRABINDRA MOHAN KAPUR & ORS.

1986 INSC 255Appeal(s) allowed

Chander Mohan gifted a house to his nephew Gian Chand in 1937 and later sued to cancel the gift. The dispute was referred to arbitration, resulting in a family settlement award that was accepted by the court, granting Chander Mohan a life‑time right of enjoyment, Gian Chand and the sons of Mohinder …

TEKCHAND & ANR.versusTEKCHAND, SUPDT. OF POLICE & ORS.

1986 INSC 252Dismissed

The case concerned an incident that occurred on 2 April 1974, for which a First Information Report was filed suo motu by the police in November 1977, more than three years later, based on a Commission of Inquiry report. The victims of the alleged injuries were themselves produced before the Judicial …

A.S. SULOCHANAversusC. DHARMALINGAM

1986 INSC 253Dismissed

The appellant-landlord filed an eviction suit in 1970 against the respondent-tenant under Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging unlawful subletting. The subletting in question had been carried out in 1952 by the respondent's father, and the …

BRIJ MOHAN PARIHARversusM.P. STATE ROAD TRANSPORT CORPORATION & ORS.

1986 INSC 251Dismissed

The petitioner, Brij Mohan Parihar, had an agreement with the Madhya Pradesh State Road Transport Corporation (MPSRTC) to operate his bus as a nominee on a specific route for five years ending in 1982, after which he was allowed to ply on a monthly basis under temporary permits. When the route was …

UNION OF INDIA & ORS.versusVISVESWARAYA IRON & STEEL LTD.

1986 INSC 250Dismissed

The petitioners filed a Special Leave Petition (SLP) on 7 July 1985 without explaining the delay in seeking relief. The case originated from a certified copy sent by the Collector of Central Excise to the Ministry of Finance, which was subsequently routed to the Ministry of Law after a series of …

KOTHI SATYANARAYANAversusGALLA SITHAYYA & OTHERS

1986 INSC 248Dismissed

The plaintiff, son of Ramamurty, claimed ownership of certain properties after the death of Veeraraju's widow, who had been granted a life interest under a 1937 Deed of Settlement that provided for reversion to Ramamurty or his heirs. The widow later executed a will bequeathing the properties to her …

KALYAN MILLS LTD.versusUNION OF INDIA & ORS.

1986 INSC 249Dismissed

The Union of India sought to recover tax arrears owed by an assessee company and was informed that the amount could be recovered from a debt the appellant, Kalyan Mills Ltd., owed to the assessee. Notices under Sections 46(2) and 46(5A) of the Income Tax Act were issued to the appellant, and the …

BANWASI SEWA ASHRAMversusSTATE OF U.P. AND ORS.

1986 INSC 246Disposed off

The Supreme Court heard a petition filed by Banwasi Seva Ashram on behalf of Adivasis living in Dudhi and Robertsganj tehsils of Mirzapur district, who claimed possession of forest lands that the State of Uttar Pradesh had declared as reserved forest under sections 20 and 4 of the Indian Forest Act, …

DELHI POLICE NON-GAZETTED KARMCHARI SANGH & ORS.versusUNION OF INDIA & ORS.

1986 INSC 247Dismissed

The Delhi Police Non‑Gazetted Karmachari Sangh, formed by non‑gazetted police officers, obtained government recognition under the Police Force (Restriction of Rights) Act, 1966 and its Rules. The 1970 amendment to the Rules and a 1971 circular withdrew that recognition and imposed rank‑based …

BIHAR LEGAL SUPPORT SOCIETYversusTHE CHIEF JUSTICE OF INDIA & ANR.

1986 INSC 241Disposed off

The Bihar Legal Support Society filed a writ petition seeking that special leave petitions (SLPs) against orders refusing bail or anticipatory bail be listed immediately, arguing that "small men" should receive the same urgency as industrialists. The Supreme Court held that the decision to list such …

ISHWAR SINGH BAGGA & ORS. ETC.versusSTATE OF RAJASTHAN ETC.

1986 INSC 242Case Allowed

The petitioners, holders of contract carriage permits, challenged a 1975 Rajasthan Government notification that authorised officers of the Rajasthan State Road Transport Corporation (Deputy General Manager (Traffic), Assistant Depot Managers and Traffic Inspectors) to exercise the powers under …

STATE OF KERALAversusMATHAI VERGHESE & ORS.

1986 INSC 243Appeal(s) allowed

The State of Kerala prosecuted six accused for forging and counterfeiting US dollar notes, alleging offences under Sections 120B, 489A, 489B, 489C, 420, 511 and 34 of the Indian Penal Code. The accused argued that Sections 489A and 489C apply only to Indian currency notes, relying on the definition …

STATE OF ANDHRA PRADESHversusGOWTHU RANGHUNAYAKULU AND ORS.

1986 INSC 244Disposed off

The State of Andhra Pradesh prosecuted ten accused for forming an unlawful assembly and murdering a man returning from a canal, with several eye‑witnesses (PW‑1, 3, 4, 6, 7) testifying to the gruesome attack. The Sessions Court convicted the accused under IPC sections 147, 148, 149 and 302, imposing …

NEW CENTRAL JUTE MILLS CO. LTD.versusUTTAR PRADESH ELECTRICITY BOARD, LUCKNOW & ORS.

1986 INSC 245Dismissed

The New Central Jute Mills Ltd. challenged a surcharge of 5.5 paise per unit imposed by the Uttar Pradesh Electricity Board for electricity drawn in excess of the 70 % limit authorized by the State Government under section 22B of the Indian Electricity Act, 1910. The company argued that the Board …

AMARJIT SINGHversusSMT. KHATOON QUAMARAIN

1986 INSC 239Appeal(s) allowed

The respondent landlady owned a two‑door premises and sought eviction of the appellant tenant under s.14(1)(e) of the Delhi Rent Control Act, 1958, claiming bonafide personal necessity for residence and that she had no other reasonably suitable accommodation. During the pendency of the proceedings …

PRAKASH CHANDER MANCHANDA AND ANR.versusSMT. JANKI MANCHANDA

1986 INSC 240Appeal(s) allowed

In a suit where the defendant failed to appear for his evidence despite multiple adjournments, the trial court closed the defendant's evidence and passed a decree ex parte. The defendant filed an application under Order 9 Rule 13 of the Civil Procedure Code to set aside the decree, claiming he …

GOVERNMENT OF TAMIL NADUversusAHOBILA MATAM

1986 INSC 237Appeal(s) allowed

The State of Tamil Nadu appealed against a Madras High Court order that had quashed a full land‑revenue assessment on lands granted to the Ahobila Matam, a Hindu religious institution. The lands were originally given as an inam by a Tanjore prince and were recorded as a religious endowment held …

FRANK ANTHONY PUBLIC SCHOOL EMPLOYEES ASSOCIATIONversusUNION OF INDIA & ORS.

1986 INSC 238Case Allowed

The Frank Anthony Public School Employees Association filed a writ petition under Article 32 seeking equalisation of pay and service conditions with government schools and a declaration that Section 12 of the Delhi School Education Act, which exempted unaided minority schools from Chapters IV and V, …

ANANT SAKHARAM RAUT & ORS.versusSTATE OF MAHARASHTRA AND ANR. ETC.

1986 INSC 235Appeal(s) allowed

Anant Sakharm Raut was detained under Section 3(2) of the National Security Act, 1980 based on three criminal incidents for which cases were pending. At the time the detention order was issued, Raut had applied for bail in all three cases and had been released on bail on successive days, but the …

KAMESHWAR SINGH SRIVASTAVAversusIV ADDL. DIST. JUDGE LUCKNOW & ORS.

1986 INSC 236Appeal(s) allowed

The appellant, a tenant, continued to pay rent by depositing it in the Munsif's court under Section 30(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after the landlord's heirs refused to accept his tender. The landlords served a notice demanding vacating the …

MAHARAJ DHIRAJ HIMMATSINGHJI & ORS.versusSTATE OF RAJASTHAN & ANR.

1986 INSC 234Dismissed

The plaintiffs, four sons of the former Maharaja of Jodhpur, claimed a retrospective annual allowance of Rs 30,000 each, based on a 13 September 1946 order issued by the Maharaja. They argued that the order was a "law" under Section 3(ii) of the United State of Rajasthan Ordinance I of 1949, which …

MRS. ELIZABETH DINSHAWversusARVAND M. DINSHAW AND ANR.

1986 INSC 230Disposed off

The petitioner, a U.S. citizen, obtained a Michigan Circuit Court decree granting her sole custody of her son and limited visitation to the father, who was an Indian citizen. The father, exploiting his weekend visitation rights, abducted the child to India without court permission, violating the …

BAKUL OIL INDUSTRIES & ANR.versusSTATE OF GUJARAT & ANR.

1986 INSC 231Dismissed

The Gujarat Government, under the Gujarat Sales Tax Act, 1969, issued a series of notifications granting tax exemption to new industries, the second of which promised a five‑year exemption prospectively. Bakul Oil Industries set up an oil mill and commissioned it on 17 May 1970, applied for an …

MUNICIPAL CORPORATION OF HYDERABADversusHYDERABAD RACE CLUB

1986 INSC 232Appeal(s) allowed

The Hyderabad Municipal Corporation assessed the land and buildings of the Hyderabad Race Club for general tax under Section 202 of the Hyderabad Municipal Corporation Act, 1955. The club claimed exemption, arguing that its use of the premises for horse racing and training constituted a "charitable …

STATE OF KERALAversusA. LAKSHMIKUTTY & ORS.

1986 INSC 229Appeal(s) allowed

The Kerala High Court had recommended a panel of five advocates for direct recruitment as District Judges and the Governor, acting on the Council of Ministers' advice, initially decided to appoint them but later withdrew the decision citing lack of representation of certain communities. The High …

RAKESH SAXENAversusSTATE THROUGH C.B.I.

1986 INSC 228Appeal(s) allowed

The Supreme Court entertained a Special Leave Petition under Article 136 filed by Rakesh Saxena, a low‑ranking trader in the Foreign Exchange Division of a bank, against charges filed by the CBI. The Court noted that the alleged offences were said to have occurred more than six years earlier and …

LAKSHMICHAND & BALCHANDversusSTATE OF ANDHRA PRADESH

1986 INSC 224Case Partly allowed

The contractor Lakshmichand & Balchand entered into two road‑repair contracts with the State of Andhra Pradesh. An arbitrator awarded the contractor Rs.99 lakhs, but the civil court set aside the award and the High Court allowed only Rs.16 lakhs. In execution proceedings the State claimed a set‑off …

HARBHAJAN SINGH DHALLAversusUNION OF INDIA

1986 INSC 225Case Allowed

The petitioner, an Indian contractor, performed maintenance work for the Algerian Embassy in 1976 and claimed unpaid dues of about Rs.27,000. He sought permission under Section 86(4)(aa) of the Code of Civil Procedure to sue the Embassy, but the Central Government refused on vague "political …

DR. (SMT.) KESHAV DEVIversusSHRI GIRDHARI LAL PAHWA & ORS.

1986 INSC 226Dismissed

Mauji Ram Gupta owned a two‑storey house; the ground floor was occupied by him and the first floor became vacant. He applied for release of the vacant floor under s.16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the application was rejected and the floor was …

KASTURJ LAL HARLALversusSTATE OF U.P. & ORS.

1986 INSC 222Dismissed

The appellants, registered coal dealers under the U.P. Sales Tax Act, collected sales tax from purchasers after coal became taxable in 1965, but were later held not liable for tax and sought a refund of the amounts deposited. The Sales Tax Officer rejected the refund claim, relying on Section 29-A, …

A.R. ANTULAYversusR.S. NAIK & ORS.

1986 INSC 223Dismissed

The petition sought revocation of special leave that had been granted by the Supreme Court in the presence of the respondents' counsel after hearing. The Court examined whether it could set aside its own order of special leave, considering the procedural propriety of the original grant and the …

SIDHOSONS & ANR. ETC. ETC.versusUNION OF INDIA & ORS. ETC. ETC.

1986 INSC 221Case Allowed

The petitioners, a manufacturer of electrical goods, entered into a contract with Bajaj Electricals Ltd., the buyer, to produce goods that would be sold under the buyer's brand name. After the buyer accepted the goods, the manufacturer affixed the 'Bajaj' label, but the goods were never sold by the …

STATE OF MADHYA PRADESH & ORS.versusNANDLAL JAISWAL & ORS.

1986 INSC 217Appeal(s) allowed

The Supreme Court examined the State of Madhya Pradesh's policy decision of 30 December 1984 to privatise nine state‑owned liquor distilleries by granting D‑2 licences to existing contractors for constructing new distilleries and D‑1 licences for wholesale supply. The petitioners challenged the …

JAGDISH & ORS.versusNATHI MAL KEJRIWAL & ORS.

1986 INSC 219Dismissed

The petitioners, sons and nephews of vendors who sold joint family land to strangers, claimed a right of pre-emption under the Punjab Pre-emption Act, 1913. The Sub‑Judge initially granted them possession, but the decision was reversed by the High Court after the Supreme Court in Atam Prakash …

SHYAM LAL SHARMA & ORS.versusUNION OF INDIA

1985 INSC 239Dismissed

The petitioners, railway employees, were dismissed or removed for participating in a strike without any enquiry. They filed writ petitions, which were transferred to the Supreme Court and ultimately dismissed. The petitioners then filed review petitions alleging that they were denied a chance to …

RURAL LITIGATION & ENTITLEMENT KENDRA, DEHRADUNversusSTATE OF U.P. & ORS.

1985 INSC 219Disposed off

The Supreme Court entertained two writ petitions filed under Article 32 challenging the operation of limestone quarries in the Dehradun‑Mussoorie area. A court‑appointed Bhargav Committee and a government Working Group had classified the quarries into categories A, B and C based on environmental and …

D. NAVINACHANDRA & CO., BOMBAY & ANR. ETC.versusUNION OF INDIA & ORS.

1985 INSC 94Dismissed

The petitioners, diamond exporters who had been granted Export House Certificates and Additional Licences under the Import Policy 1978‑79 by the Supreme Court order of 18 April 1985 (Union of India v. Rajnikant Bros.), imported consignments falling in Appendices 2B, 3 and 5 of the later Import …