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Judgments of 1988

520 judgments · newest first · showing 1–200

PIYUSH KANTILAL MEHTAversusCOMMISSIONER OF POLICE, AHMEDABAD CITY AND ANOTHER

1988 INSC 369Case Allowed

The petitioner, Piyush Kantilal Mehta, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 on the ground that he was a bootlegger who used force and created fear, allegedly affecting public order. He challenged the detention, arguing that the grounds were vague, that mere …

STATE (DELHI ADMN.)versusJAGJIT SINGH

1988 INSC 370Appeal(s) allowed

In May 1985 a series of bomb explosions led to FIR No. 238 of 1985 in Delhi, where Jagjit Singh and another accused were granted pardon under Section 306 of the Criminal Procedure Code and turned approvers. Both gave statements in the committal proceedings but later withdrew them, and the same …

KEHAR SINGH AND ANR. ETC.versusUNION OF INDIA & ANR.

1988 INSC 368Disposed off

Kehar Singh was convicted and sentenced to death for his role in the assassination of Prime Minister Indira Gandhi. After his appeals and a review petition were dismissed, his son petitioned the President under Article 72 for a pardon, claiming innocence and seeking an oral hearing. The President …

UNION OF INDIA & ORS.versusK.S. SUBRAMANIAN

1988 INSC 367Case Allowed

K.S. Subramanian, a permanent civilian worker in the Defence Department, was terminated under Article 310 of the Constitution without cause. He sued for a declaration of illegal termination and damages, obtaining a decree for Rs.25,000 which was affirmed by the High Court. The Supreme Court examined …

HARIDAS AMARCHAND SHAH OF BOMBAYversusK.L. VERMA & ORS.

1988 INSC 363Dismissed

The Enforcement Directorate searched the appellant's house and seized currency, bank drafts, bank pass books and loose sheets. The appellant was arrested, gave a statement, later retracted it, and was released on bail with a condition to attend the Enforcement Department daily, which was …

SMT. ANGOORI DEVI FOR RAM RATANversusUNION OF INDIA & ORS.

1988 INSC 362Case Allowed

Two Delhi Police personnel, Ram Ratan (Head Constable) and Hawa Singh (Constable), were arrested for assaulting a rickshaw puller and seizing TV parts, offences under IPC sections 392 and 34. While the criminal case was pending, the Commissioner of Police detained them under Section 3(2) of the …

R.M. RAMUALversusSTATE OF HIMACHAL PRADESH ORS.

1988 INSC 361Case Allowed

The appellant, a Reception Officer who had been temporarily promoted to District Public Relations Officer, challenged an order that placed him below two Tourist Officers transferred from Punjab in the seniority list of the Himachal Pradesh Tourism Department. The High Court had dismissed his writ …

HARI SHANKAR GAUR AND ANR. ETC.versusDELHI TRANSPORT CORPORATION AND ORS.

1988 INSC 360Case Allowed

The petitioners were employees of the Gwalior and Northern India Transport Company (GNIT) who were employed before 28 October 1946 and continued in service after the company's takeover by the Government of India in 1948 and later by the Delhi Transport Corporation (DTC). Under clause 7 of the …

MADAN & CO.versusWAZIR JAIVIR CHAND

1988 INSC 357Dismissed

The landlord served a notice of rent arrears and termination of tenancy by registered post, which was returned undelivered, and subsequently affixed a copy of the notice on the premises. The tenant argued that the statutory requirement under Section 11 of the Jammu & Kashmir Houses and Shops Rent …

COLLECTOR OF CENTRAL,EXCISE, COIMBATOREversusPROTEIN PRODUCTS OF INDIA LTD

1988 INSC 358Dismissed

The respondent, Protein Products of India Ltd., manufactures ossein and gelatine from crushed bones and claimed exemption from excise duty under the 30 June 1979 notification that listed "crushed bones and bone products" as exempt items. The Customs, Excise and Gold (Control) Appellate Tribunal held …

COLLECTOR OF CENTRAL EXCISE, CALCUTTAversusJAY ENGINEERING WORKS LTD.

1988 INSC 359Dismissed

Jay Engineering Works Ltd., a manufacturer of electric fans, affixed nameplates (tariff item 68) to its fans and claimed proforma credit under Notification No. 201/79‑CE, which allows credit for inputs used in the manufacture of excisable goods. The Assistant Collector disallowed the credit, but the …

AYYA ALIAS AYUBversusSTATE OF U.P. & ANR.

1988 INSC 356Case Allowed

Ayya alias Ayub, while already in judicial custody for alleged offences, was detained under Section 3(2) of the National Security Act, 1980 on three grounds alleging threats to public order. The petitioner challenged the detention, arguing that the first two grounds (non‑cognizable bus attacks) …

P.K.K. SHAMSUDEENversusK.A.M. MAPPILLAI MOHINDEEN & ORS.

1988 INSC 354Dismissed

In a 1986 Panchayat election, the first respondent was declared elected with 649 votes while the petitioner secured 556 votes. The petitioner alleged irregularities and filed an election petition under Section 178 of the Tamil Nadu Panchayats Act, seeking a recount and declaration of his election. …

STATE OF PUNJAB & ORS.versusKAILASH NATH ETC.

1988 INSC 352Disposed off

Kailash Nath, a retired Executive Engineer, was charged under the Prevention of Corruption Act for the purchase of sign boards in 1979; the FIR was filed in 1985, three years after his retirement and six years after the alleged misconduct. He challenged the FIR invoking the third proviso of Rule …

H.L. TREHAN AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC.

1988 INSC 351Dismissed

The Caltex (Acquisition of Shares of Caltex Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977 transferred the undertaking of Caltex Oil Refinery (India) Ltd. (CORIL) to the Government and later to Hindustan Petroleum Corporation Ltd. After the takeover, the …

COLLECTOR OF CENTRAL EXCISE, BOMBAY-I & ANR.versusPARLE EXPORTS (P) LTD.

1988 INSC 353Appeal(s) allowed

Parle Exports (P) Ltd manufactured non‑alcoholic beverage bases such as Gold Spot, Limca and Thumps Up under Tariff Item 68 without a valid central excise licence and was assessed duty and penalty. The company claimed exemption under Notification No. 55/75 CE, which exempts "all kinds of food …

AMANJIT SINGH GILL ETC.versusDIRECTOR GENERAL OF HEALTH SERVICES ETC

1988 INSC 350Disposed off

The petitioners, who had been allotted MBBS or BDS seats in various medical colleges through the All India Entrance Examination, sought to be transferred to colleges nearer their hometowns. The Union of India filed a civil miscellaneous petition seeking directions for the allocation of 532 vacant …

ANDHRA KESARI EDUCATIONAL SOCIETYversusDIRECTOR OF SCHOOL EDUCATION & ORS.

1988 INSC 349Dismissed

The Andhra Kesari Educational Society was granted permission in 1984 to start a B.Ed. college, subject to several conditions, which were later cancelled after a change of government. The Society claimed minority status to avoid compliance and sought affiliation from Nagarjuna University, which was …

RACHAPPA GURUADAPPA BIJAPURversusGURUSIDDAPPA NURANIAPPA & ORS.

1988 INSC 348Dismissed

The petitioners and respondents were partners in a firm that had an arbitration agreement. Respondent No.1 filed a suit for dissolution and accounts, and respondent No.9 applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit. The trial court observed that the petitioner …

ELSON MACHINES (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE

1988 INSC 347Dismissed

Elson Machines Ltd., a manufacturer of electric motors, claimed exemption under Notification No. 80/80‑C.E. (dated 19‑June‑1980) which allowed small‑scale manufacturers to clear specified goods for home consumption provided the aggregate clearance value did not exceed Rs 15 lakhs. The company …

RAMSHARAN AUTYANUPRASI & ANRversusUNION OF INDIA & ORS.

1988 INSC 346Dismissed

The petitioners sought a writ under Article 32 of the Constitution, claiming that the management of the Sawai Man Singh II Museum Trust by its Chairman, Lt. Col. Sawai Bhawani Singh, violated public interest and their fundamental rights under Articles 21, 49 and 51A(f). The Court held that the …

RAGHUNATH THAKURversusSTATE OF BIHAR & ORS.

1988 INSC 345Disposed off

Raghu Nath Thakur, the highest bidder for a Benl Country liquor shop in Samastipur, failed to deposit the bid money. The Collector cancelled his bid and, without giving any notice, placed him on a blacklist for future contracts. Thakur challenged the order in the High Court, which upheld it, and …

UJAGAR PRINTS ETC.versusUNION OF INDIA & ORS. ETC.

1988 INSC 343Disposed off

The petitioners, processors of grey cotton and man‑made fabrics, challenged the levy of excise duty on operations such as bleaching, dyeing and printing, arguing that these were merely processing and not "manufacture" under Section 2(f) of the Central Excises and Salt Act, 1944. The Gujarat High …

POMAL KANJI GOVINDJI & ORS.versusVRAJLAL KARSANDAS PUROHIT & ORS.

1988 INSC 344Dismissed

The plaintiffs sought redemption of a 99‑year mortgage executed in 1943 and possession of the mortgaged urban property from tenants inducted by the mortgagees. The mortgage deed imposed harsh conditions, including a clause that interest on a portion of the loan could be paid only at redemption after …

SMT. KULDIP KAURversusSURINDER SINGH AND ANR.

1988 INSC 342Case Allowed

The Supreme Court considered an appeal by Smt. Kuldeep Kaur, who had been awarded maintenance for herself and her child under Section 125 of the Code of Criminal Procedure, 1973. The husband, respondent No.1, failed to pay the ordered amount, accruing arrears of Rs.5,090. While executing the …

AMAR SINGH JAGRAM (DEAD) BY LRS.versusCHANDGI S/O DEEP CHAND

1988 INSC 340Appeal(s) allowed

The case arose from consolidation proceedings under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, where the landowner Chandgi was allotted substituted parcels of land and the tenants Amar Singh and Jagram, who had been non‑occupancy tenants of the original …

UNION OF INDIA AND ORS.versusSANTIRAM GHOSH AND ORS.

1988 INSC 341Dismissed

The Union of India appealed a decision of the Central Administrative Tribunal which had set aside an award of a Board of Arbitrators and directed that Scientific Assistants of the Botanical Survey of India receive the Rs.550‑900 pay scale. The Board had been tasked only with deciding whether the …

AMMAL CHANDRA DUTTversusIIND ADDL. DISTT. JUDGE & ORS.

1988 INSC 338Dismissed

The tenant A.C. Duti challenged the order of the Appellate Authority that allowed the landlord to recover possession of the ground floor of a three‑storey house on the ground of the landlord's own requirement. The landlord had previously applied for eviction in 1967 under the 1947 Rent Act, which …

KARAM CHANDversusHARYANA STATE ELECTRICITY BOARD & ORS.

1988 INSC 336Case Allowed

Karam Chand, a Scheduled Caste clerk, was promoted in 1973 to Deputy Superintendent of the Haryana State Electricity Board under a reservation quota. The promotion order contained a note that the promotion would not confer seniority over others, and the Board later fixed his seniority based on …

S.S. KARMALKAR & OTHERS ETC.versusIBRAHIM HUSSENI TAMBOLI & OTHERS ETC.

1988 INSC 337Appeal(s) allowed

The appellants were promoted to Awai Karkun posts in the Food & Civil Supplies Department, Sholapur, while private respondents holding those posts were ordered to be repatriated to the Revenue Department. The respondents challenged the order as violative of Articles 14, 16 and 309 of the …

DELHI WATER SUPPLY AND SEWAGE DISPOSAL COMMITTEE AND ORS.versusR.K. KASHYAP AND ORS.

1988 INSC 331Dismissed

The Delhi Water Supply and Sewage Disposal Committee appointed several Assistant Engineers as Executive Engineers on a one‑year ad‑hoc basis, after which their services were regularised on 8 January 1971. The seniority list prepared by the Undertaking excluded the ad‑hoc period and was based solely …

KALIYAPPANversusSTATE OF KERALA & ORS.

1988 INSC 332Dismissed

The petitioner, Kaliappan, owned a ten-and-a-half cent plot in Kozhippathi Village, Kerala, which the State sought to acquire for public purpose. A declaration under the Kerala Land Acquisition Act was published on 19 January 1984, and the Land Acquisition (Amendment) Act, 1984 came into force on 24 …

N.M. GOEL & COversusSALES TAX OFFICER, RAJNANDGAON & ANR.

1988 INSC 333Dismissed

N.M. Goel & Co., a building contractor, entered into a works contract with the Central Public Works Department (PWD) for construction of a godown. Under clause 10 of the contract, the PWD supplied iron, steel and cement from its stores, retained ownership of the materials, and deducted their value …

U.P HOTELS ETC.versusU.P. STATE ELECTRICITY BOARD

1988 INSC 334Case Allowed

U.P. Hotels entered into a bulk‑supply agreement with Agra Electric Supply Co. which was later taken over by the U.P. State Electricity Board (SEB). The SEB unilaterally imposed a uniform tariff under section 49 of the Electricity Supply Act, 1949, withdrawing agreed discounts. The dispute was …

BRIJ SUNDER KAPOOR ETC. ETC.versusIST ADDITIONAL DISTRICT JUDGE & ORS.

1988 INSC 327Dismissed

The Supreme Court examined whether the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13) applies to cantonment areas in Uttar Pradesh and whether the Central Government’s notifications of 1 Sept 1973 and 17 Feb 1982, issued under the Cantonments (Extension …

COLLECTOR OF CENTRAL EXCISEversusCALCUTTA STEEL INDUSTRIES AND ORS.

1988 INSC 328Dismissed

Calcutta Steel Industries classified its thin rectangular steel products (thickness <3 mm, width <75 mm) as bars under Central Excise Tariff Item 26AA(ia). The Assistant Collector of Central Excise, and later the Collector, held that the same products fell within the definition of "hoops" and should …

STATE OF KERALAversusATTESEE (AGRO INDUSTRIAL TRADING CORPORATION)

1988 INSC 329Dismissed

The State of Kerala appealed against the Agro Industrial Trading Corporation, which claimed exemption from sales tax on PVC cloth under item 7 of the Kerala General Sales Tax Act, 1963. The issue was whether the definition of "cotton fabrics" referred to in the Act, taken from the Central Excises …

STATE OF ANDHRA PRADESH & ANR.versusBALAJANGAM SUBBARAJAMMA

1988 INSC 330Dismissed

The respondent was detained under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and the matter was referred to an Advisory Board. The Board heard senior police officials representing the State but denied the detainee any assistance of a lawyer or a …

COLLECTOR OF CENTRAL EXCISE, BARODAversusKOSAN METAL PRODUCTS LIMITED

1988 INSC 324Dismissed

Kosan Metal Products Ltd, a manufacturer of LPG valves, claimed a set‑off of excise duty on brass rods received from another company under Notification 178/77. The rods were later re‑classified, and the Superintendent of Central Excise issued a show‑cause notice under Rule 10 demanding recovery of …

COLLECTOR OF CENTRAL EXCISE, GUNTURversusANDHRA SUGAR LTD.

1988 INSC 325Dismissed

Andhra Sugar Ltd. manufactured acetic anhydride and claimed refunds of excise duty, asserting that the product was a "drug intermediate" exempt under Notification 55/75 CE (as amended by 62/78 CE). The Assistant Collector allowed the refund, but the Collector (Appeals) reversed the order, and the …

S.B. ABDUL AZEEZ (BY LRS.)versusM. MANIYAPPA SETTY & ANR.

1988 INSC 321Dismissed

The appellant, a tenant, occupied a shop premises. The respondents, partners, obtained a usufructuary mortgage over the same premises from the landlord and invoked Section 21(1)(h) of the Karnataka Rent Control Act, 1961 to evict the tenant, claiming bona‑fide need for their business. The appellant …

JAWAHARLAL WADHWA AND ANOTHERversusHARIPADA CHAKROBERTY

1988 INSC 320Disposed off

The appellants, Jawahar Lal Wadhwa and another, entered into a sale and construction agreement with the respondent, Haripada Chakrobarty, involving monthly instalments and a construction contract. The respondent later repudiated the agreement, leading to a dispute over possession of the property and …

MUKUND LAL & ANR.versusUNION OF INDIA.& ANR.

1988 INSC 322Dismissed

Mukund Lal and another, accused persons, challenged the constitutional validity of Section 172(3) of the Criminal Procedure Code, 1973, which bars the accused or his agents from calling for or inspecting the police case diary, except when the diary is used to refresh a police officer's memory or to …

UNITED OFFSET PROCESS PVT. LTD.versusASSTT. COLLECTOR OF CUSTOMS, BOMBAY AND ORS.

1988 INSC 323Case Allowed

United Offset imported a Colour Scanner Chromagraph C‑299 and initially cleared it under tariff heading 84.35 as "other printing machinery". The Assistant Collector later re‑assessed the goods under heading 90.25(i) and subsequently issued a demand for additional duty, claiming the scanner fell …

TARSEM LAL GAUTAM & ANOTHERversusSTATE BANK OF PATIALA, AND OTHERS

1988 INSC 318Dismissed

The petitioners, two Grade‑A officers of the State Bank of Patiala, challenged Regulation 7 of the State Bank of Patiala (Officers) Service Regulations, 1979, which placed existing Grade‑A officers into two new grades—Senior Management Grade Scale IV and Middle Management Grade Scale III—based …

STATE OF RAJASTHAN & ANR.versusDR. ASHOK KUMAR GUPTA & ORS.

1988 INSC 319Dismissed

The respondents, who had appeared for a common postgraduate medical entrance exam in Rajasthan, were denied admission despite higher marks because the University of Rajasthan Ordinance No. 278‑E(d)(ii) added a uniform 5% weightage to candidates who had obtained their MBBS degree from the same …

VIDYA DHAR PANDEversusVIDYUT GRIH SIKSHA SAMITI & ORS.

1988 INSC 315Case Allowed

Vidya Dhar Pandey was appointed principal of a higher secondary school run by Vidyut Grih Siksha Samiti in 1968. In June 1971 the managing committee terminated his services with one month’s salary in lieu of notice, without complying with Regulation 79 which required a director’s sanction, a formal …

STATE OF BIHARversusMURAD ALI KHAN, FARUKH SALAUDDIN & VIKRAM SINGH

1988 INSC 316Appeal(s) allowed

The State of Bihar filed a complaint under the Wild Life (Protection) Act, 1972 alleging that the accused killed an elephant and removed its tusks. A Judicial Magistrate took cognizance of the offence and issued summons, while a parallel police investigation under the Indian Penal Code was ongoing. …

GANGARAMversusN. SHANKAR REDDY

1988 INSC 314Case Allowed

The respondent, who owned building No.1‑1‑249 and used it for residence and business, purchased the adjoining building No.1‑1‑250 where the appellant was already operating a shop and residing. The respondent sought eviction of the appellant under Section 10(3)(c) of the Andhra Pradesh Buildings …

FIRM SAGARMAL VISHNU BHAGWANversusGAURI SHANKAR AND ORS.

1988 INSC 312Case Allowed

The appellant, a tenant of a Nohara, was sued by the landlord for rent recovery and eviction, alleging default and material alteration after the tenant raised the walls. The trial court found no arrears and held that the wall‑raising was with the landlord's consent and did not amount to a material …

GIRJA SHANKAR TIWARI AND ANR.versusHIRDAY RANJAN CHAKRABORTY AND ANR.

1988 INSC 313Case Allowed

The premises in Rae Bareli were originally let to M/s. Dhacca Swastik Aushadhalaya in 1946-47. The Aushadhalaya ceased operations in 1976, but its employee, Hirday Ranjan Chakraborty, continued to occupy the shop and paid rent in the name of the former tenant. The appellant, brother‑in‑law of the …

OM PALversusANAND SWARUP (DEAD BY LRS.)

1988 INSC 309Case Allowed

Om Pal, a tenant, leased a shop for a dry‑cleaning business and installed a wooden parchhati (balcony) on the wall. The landlord sought eviction under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949, alleging that the construction materially impaired the building's value or …

MANMOHAN KAURversusSURYA KANT BHAGWANDI

1988 INSC 311Disposed off

Manmohan Kaur, a tenant, was ordered by the trial court to deposit rent monthly. She failed to deposit rent for November and December 1986 due to a genuine mistake, believing her son had paid. The landlord sought to strike out her defence under Section 13 of the Bihar Buildings (Lease, Rent and …

AN ADVOCATEversusB.B. HARADARA & ORS.

1988 INSC 307Disposed off

The appellant, an advocate, was alleged to have withdrawn a suit as settled without the client’s instructions, leading the Bar Council of India to suspend him for three years for professional misconduct. The Supreme Court examined whether the disciplinary proceeding complied with principles of …

FASIH CHAUDHARYversusDIRECTOR GENERAL, DOORDARSHAN & ORS.

1988 INSC 306Dismissed

Doordarshan invited proposals for TV serials on themes such as national integration and set detailed guidelines for submission. Fasih Chaudhary (petitioner) submitted a complete proposal on Mirza Ghalib, while Gulzar (respondent No.2) initially sent only a theme letter but later completed his …

STATE OF U.P. & ORS.versusJ.P. CHAURASIA & ORS,

1988 INSC 302Case Allowed

The Bench Secretaries of the Allahabad High Court were split into Grade I and Grade II, with the former receiving a higher pay scale, while all performed the same duties. They challenged this bifurcation before the High Court, arguing that it violated Articles 14 and 39(d) of the Constitution …

RAKESH CHANDRA NARAYANversusSTATE OF BIHAR

1988 INSC 303Hearing Adjourned

A public‑interest writ under Article 32 of the Constitution was filed concerning the deplorable conditions at the Mental Hospital, Kanke, Ranchi. The Court ordered the State of Bihar to file a counter‑affidavit and directed a Chief Judicial Magistrate to inspect the hospital, whose report revealed …

IKRAMUDDIN AHMED BORAHversusSUPERINTENDENT OF POLICE, DARRANG & OTHERS

1988 INSC 304Dismissed

Ikramuddin Ahmed Borah, a Sub‑Inspector of Police in Assam, was appointed by the Principal Police Training College under the Assam Police Manual. He was dismissed by the Superintendent of Police, Darrang, invoking clause (b) of the second proviso to Article 311(2) of the Constitution on the ground …

MODULA INDIAversusKAMAKSHYA SINGH DEO

1988 INSC 305Case Allowed

The landlord filed a suit for possession of premises under the West Bengal Premises Tenancy Act, 1956. The tenant filed a written statement but later failed to comply with court orders to deposit rent and his defence was struck out under s.17(3) of the Act. The tenant appealed, contending that even …

ROOP CHAND ADLAKHA AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

1988 INSC 299Appeal(s) allowed

The Delhi Development Authority (DDA) adopted CPWD rules that required different periods of service for promotion of Graduate Engineers (3 years as Junior Engineers) and Diploma‑Holder Engineers (8 years) to Assistant Engineer, and similarly different experience for promotion to Executive Engineer. …

JUGAL KISHOREversusSTATE OF MAHARASHTRA & ORS.

1988 INSC 300Dismissed

The petitioner, Juggal Kishore, claimed that lands leased to tenants under the Bombay Tenancy & Agricultural Lands (Vidarbha Region) Act, 1958 should be excluded from his family unit's holdings in the ceiling proceedings under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. The …

MADHU GOPALversusVI ADDITIONAL DISTRICT JUDGE & ORS.

1988 INSC 301Dismissed

The tenant applied for allotment of a shop after the sole occupying co‑owner vacated it. The Rent Controller allotted the shop to the tenant, but a non‑occupant co‑owner (a landlord) filed a review application under section 16(5) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) …

DHIRENDRA KUMAR GARG AND ORS.versusSMT. SUGANDHI BAI JAIN & ORS.

1988 INSC 295Dismissed

The husband of the respondent filed a suit for eviction, arrears of rent and damages against the appellants who were tenants. The trial court decreed in his favour, but the appeal was pending when he died; his legal representatives and the minor children under the mother’s guardianship were …

K. ACHUTA BHATversusVEERAMANANI MANGA DEVI

1988 INSC 296Dismissed

The appellant, a tenant of a hotel premises since 1953, allowed the second respondent to run the hotel from August 1969. The landlord (first respondent) terminated the tenancy, alleging sub‑letting and sought eviction under Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) …

SUBHASH KUMAR LATAversusR.C. CHHIBA & ANR.

1988 INSC 298Dismissed

The landlord obtained a Section 21 sanction from the Additional Rent Controller to grant limited tenancy rights to two tenants, despite having already let them occupy the premises in December 1975. The tenants argued that an oral tenancy already existed and that the sanction was obtained by …

UNION OF INDIA & ORS.versusSOMASUNDRAM VISWANATH & ORS.

1988 INSC 294Disposed off

Somasundram Viswanath, an officer of the Defence Accounts Service, was not promoted after the Departmental Promotion Committee (DPC) met on 7 August 1986; one member, the Secretary, Ministry of Defence, was absent. He challenged the DPC's recommendation before the Central Administrative Tribunal, …

P.M. ASHWATHANARAYANA SETTY & ORS. ETC. ETC.versusSTATE OF KARNATAKA & ORS.

1988 INSC 293Dismissed

The petitioners challenged the constitutional validity of ad‑valorem court‑fee provisions without an upper limit in the Karnataka Court Fees and Suits Valuation Act, 1958, the Rajasthan Court Fees and Suits Valuation Act, 1961 and the Bombay Court Fees Act, 1959, arguing that such levies amount to a …

SUBE SINGH & ORS. ETC. ETC.versusSTATE OF HARYANA & ORS.

1988 INSC 292Dismissed

The petitioners, adolescents under twenty‑one, were convicted of murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. They sought relief under Section 5 of the Punjab Borstal Act, 1926, which allows detention in a Borstal Institution in lieu of transportation or …

NAVNIT R. KAMANI & ORS.versusR.R. KAMANI

1988 INSC 283Disposed off

The Supreme Court examined a dispute over the revival of Kamani Tubes Ltd., where the workers, through their union, proposed a scheme for revival that was examined and sanctioned by the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) …

HINDUSTAN THOMPSON ASSOCIATES LTD.versusMRS. MAYA INDERSON ISRANI & ORS.

1988 INSC 284Dismissed

The Nibhana Co-operative Housing Society (Respondent No.2) sought possession of flat No. 62 allotted to Mrs. Maya (Respondent No.1) from Hindustan Thompson Associates Ltd. and others (Appellants), alleging they occupied the flat as licencees without the Society's written consent. The Appellants …

DR. M.C. BINDALversusR.C. SINGH & ORS.

1988 INSC 286Disposed off

The Uttar Pradesh Public Service Commission advertised for the post of Food & Drug Controller, requiring a medical degree and five years of experience in drug standardisation or testing. Dr. M.C. Bindal applied, claiming seven years of experience, and was provisionally recommended pending …

SMT. KRISHNA RAJPAL BHATIA & ORS.versusMISS LEELA H. ADVANI & ORS.

1988 INSC 288Dismissed

The dispute arose from a 1964 agreement whereby the tenant‑co‑partner member of the Shyam Cooperative Housing Society, Smt. Devibai H. Advani, allowed Rajpal Bhatia to occupy her flat on a leave‑and‑licence basis. After the licence was terminated, Advani sought eviction of Bhatia under Section 91 of …

BHARAT GENERAL & TEXTILE INDUSTRIES LTD. & ORS.versusSTATE OF MAHARASHTRA & ORS.

1988 INSC 289Dismissed

The petitioners, manufacturers of washed cottonseed oil, challenged the constitutional validity of Sections 41 and 41A of the Bombay Sales Tax Act, alleging that the State of Maharashtra’s power to grant tax exemptions to new units in backward areas and to withdraw those exemptions for edible‑oil …

A.V.R & CO. & ORS.versusFAIRFIELD COOPERATIVE HOUSING SOCIETY LTD. & ORS.

1988 INSC 290Dismissed

The Fairfield Co‑operative Housing Society, a tenant‑partnership society, discovered that its member Smt. Vishni J. Kalwani had let flat No. 7 to A.V.R. & Co. and J.R. Enterprises as licencees without the society’s consent, violating its bye‑laws. The society filed a dispute under Section 91 of the …

STATE OF KERALA AND ORS.versusK.G. MADHAVAN PILLAI AND ORS.

1988 INSC 291Dismissed

The State of Kerala issued a Gazette order (Ex. P‑4) sanctioning 91 private agencies to open or upgrade unaided recognised schools under the Kerala Education Act, 1957. After a change of government, a subsequent order (Ex. P‑7) cancelled the earlier sanction without hearing the applicants. The …

COLLECTOR OF CENTRAL EXCISE, KANPURversusKRISHNA CARBON PAPER CO.

1988 INSC 281Disposed off

Krishna Carbon Paper Co. manufactured carbon paper and cleared it from its factory in 1979 without paying central excise duty. The Revenue issued a notice demanding duty, arguing that carbon paper was covered under tariff item 17(2) (coated paper) since the 1976 amendment of the Central Excise …

JAYANTI KUMAR SINHAversusUNION OF INDIA & ORS.

1988 INSC 282Dismissed

Dr. J.K. Sinha, a Scientist (E) at the Defence Electronics Research Laboratory, was compulsorily retired under Article 459(h) of the Civil Services Regulations. He challenged the order before the Central Administrative Tribunal, alleging a clean service record, bias arising from a grievance he …

JAGANNATH RAMCHANDRA NUNEKARversusGENU GOVIND KADAM & OTHERS

1988 INSC 277Case Allowed

Jagannath Ramchandra Nunekar, an elector from Shivaji Nagar, sought to contest a bye‑election in Jaoli and applied for a certified copy of his entry in the Shivaji Nagar electoral roll. He received a copy on 8 January 1986 showing the latest publication date as 31‑Jan‑1984 and filed his nomination …

SHIV KUMARversusJAWAHAR LAL VERMA & ORS.

1988 INSC 278Case Allowed

Shiv Kumar, a landlord, filed an eviction suit on 11 June 1973 under the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the Act did not apply because the shop was constructed in 1966 and was exempt for ten years. The tenants argued that the Act did apply and that …

MAHALAKSHMI OIL MILLS ETC. ETC.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 279Dismissed

Mahalaxmi Oil Mills and other assessees claimed that tobacco seed oil and tobacco seed cake were exempt from sales tax under Section 8 of the Andhra Pradesh General Sales Tax Act, 1957, which exempts "tobacco and all its products". The State of Andhra Pradesh contended that the definition of …

STATE BANK OF BIKANER & JAIPUR & OTHERSversusJAG MOHAN LAL

1988 INSC 274Case Allowed

The respondent, an officer of State Bank of Bikaner & Jaipur, retired at the statutory age of 58 and sought an extension of service under Regulation 19(1) of the Bank's Officers' Service Regulations, 1979. The Bank refused, citing lack of continued utility, good health, and integrity, and the High …

CALCUTTA PORT SHARMIK UNIONversusCALCUTTA RIVER TRANSPORT ASSOCIATION & ORS.

1988 INSC 275Appeal(s) allowed

The Calcutta Port Sharmik Union, representing about 15,000 bargemen (Dandees and Majhis) at Calcutta Port, claimed that they were "dock workers" under the Dock Workers (Regulation of Employment) Act, 1948 and therefore entitled to the wages and allowances recommended by the Central Wage Board. The …

BHARAT SINGH & ORS.versusSTATE OF HARYANA & ORS.

1988 INSC 276Dismissed

The State of Haryana, through the Haryana Urban Development Authority (HUDA), acquired land in Gurgaon for industrial development under the Land Acquisition Act, 1894 and the Haryana Urban Development Authority Act, 1977. The landowners filed writ petitions and special leave appeals challenging the …

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

1988 INSC 268Dismissed

The Calcutta Youth Front and its president filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the State of West Bengal, municipal officials and the lessees of an underground air‑conditioned market had violated the Supreme Court's order of 18 August 1987 which permitted …

STATE OF WEST BENGAL & ANR.versusLAISAL HAQUE & ORS. ETC.

1988 INSC 269Appeal(s) allowed

The case arose from a violent riot in which Laisal Haque and others entered an oil mill, opened fire and caused the death of Gulam Rabbani and injuries to several others. The Additional Sessions Judge convicted sixteen of the forty‑two accused under sections 148, 302 and 324 of the IPC, while …

SIRSILK LTD. AND ANOTHERversusTEXTILES COMMITTEE & ORS.

1988 INSC 270Disposed off

The Supreme Court examined challenges by several textile mills manufacturing rayon and nylon yarn to the fee imposed by the Textiles Committee under Rule 21 of the Textile Committee Rules, 1965 (made under s.22 of the Textile Committee Act, 1963). The mills argued that the fee was unconstitutional …

RAM NARAIN GUPTAversusSMT. RAMESHWARI GUPTA

1988 INSC 271Dismissed

The husband filed a suit for dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, alleging that his wife suffered from schizophrenia so severe that cohabitation was unsafe. The trial court granted a decree of divorce, but the Allahabad High Court reversed it, holding that the …

MUNICIPAL CORPORATION OF DELHIversusGURNAM KAUR

1988 INSC 267Appeal(s) allowed

The Municipal Corporation of Delhi (MCD) sought to remove pavement hawkers, including Gurnam Kaur, from the footpath outside Irwin Hospital under the Delhi Municipal Corporation Act, 1957. A Subordinate Judge had held that the hawkers could occupy their licensed sites but could not be removed …

DR. BALIRAM WAMAN HIRAYversusJUSTICE B. LENTIN AND OTHERS

1988 INSC 272Case Allowed

The State of Maharashtra appointed Justice B. Lentin as a one‑man Commission of Inquiry to investigate the death of 14 patients at J.J. Hospital. The Commission found the appellant, Dr. Baliram Waman Hiray, gave contradictory evidence and issued a show‑cause notice for perjury under s.193 IPC read …

U.P. BHOODAN YAGNA SAMITI, U.P.versusBRAJ KISHORE & ORS.

1988 INSC 266Appeal(s) allowed

In 1968 the respondents obtained land grants from the U.P. Bhoodan Yagna Samiti under Section 14 of the U.P. Bhoodan Yagna Act, 1952. The Additional Collector later cancelled these grants, holding that the respondents were not "landless persons" as intended by the Act because they were businessmen …

STATE OF MAHARASHTRA & ANOTHERversusSMT. SUSHILA MAFATLAL SHAH & OTHERS

1988 INSC 264Appeal(s) allowed

The State of Maharashtra detained Bhadresh Mafatlal Shah under the COFEPOSA Act after he was caught with gold biscuits. The detention order was issued by D.N. Capoor, a specially empowered officer, who informed the detainee that he could make representations only to the State and Central …

KUSHESHWAR DUBEYversusBHARAT COKING COAL LTD. & ORS.

1988 INSC 263Appeal(s) allowed

The appellant, an electrical helper at Bharat Coking Coal Ltd., was charged with assaulting a supervising officer and faced both a criminal prosecution and disciplinary proceedings initiated by his employer. He filed a civil suit seeking an injunction to stay the disciplinary action pending the …

P. GANESHWAR RAO & ORS.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 261Disposed off

The State of Andhra Pradesh sought to fill 51 Assistant Engineer vacancies that had arisen in 1978‑79 by direct recruitment under the Andhra Pradesh Panchayat Raj Engineering Service (Special) Rules, 1963. An amendment to the Rules on 28 April 1980 changed the recruitment formula to 37½% of …

COMMISSIONER OF INCOME-TAX, BOMBAYversusITALINDIA COTTON CO. (P) LTD.

1988 INSC 262Dismissed

The assessee, Italindia Cotton Co. Ltd., incurred a loss in the assessment year 1960‑61 and sought to set off that loss against income in the assessment year 1963‑64. A change in shareholding occurred in 1963, and the Income‑Tax Officer denied the set‑off under Section 79 of the Income‑Tax Act, …

CHARAN SINGHversusBIRLA TEXTILES & ANR.

1988 INSC 256Dismissed

The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the …

RURAL LITIGATION & ENTITLEMENT KENDRAversusSTATE OF U.P.

1988 INSC 254Disposed off

The Supreme Court entertained a public‑interest writ filed by Rural Litigation & Entitlement Kendra alleging illegal limestone mining in the Mussoorie‑Dehradun belt that was harming the ecology and forest cover. Several expert committees (Bhargava, Working Group, Bandyopadhyay) classified the mines …

SMT. ANGURI & ORSversusJIWAN DASS & ANR.

1988 INSC 255Dismissed

The plaintiffs, owners of two houses, had an easement allowing the defendants to discharge water through three morries on the defendants' roof onto the plaintiffs' land. The defendants later added two storeys, blocked the original morries and opened nine new morries, directing a larger volume of …

AJAY CANUversusUNION OF INDIA & ORS.

1988 INSC 247Dismissed

Ajay Canu, a student with a two-wheeler licence, challenged a Hyderabad police notification and Andhra Pradesh Motor Vehicles Rule 498-A that made wearing crash helmets compulsory for motorcycle and scooter riders. He argued that the rule was ultra vires the Motor Vehicles Act because Section 85‑A …

SURESH RAGHO DESAI & ANR.versusSMT. VIJAYA VINAYAK GHAG & ANR.

1988 INSC 248Dismissed

The petitioners, Suresh Ragho Desai and another, participated in an arbitration proceeding in 1979 without objection and an award was rendered in 1981. They later challenged the award on the ground that it was unreasoned and that relevant documents had not been considered. The Bombay High Court …

SHEELA BARSEversusUNION OF INDIA & ORS.

1988 INSC 249Dismissed

Sheela Barse filed a public interest writ (Criminal) seeking the release of children detained in jails and various remedial measures. Dissatisfied with delays and alleging loss of dignity, she filed a miscellaneous petition to withdraw the main PIL, claiming a right to be the petitioner‑in‑person …

ADITYA MILLS LTD.versusUNION OF INDIA

1988 INSC 250Dismissed

Aditya Mills Ltd. produced a yarn called PPRF, made by doubling two plies of polyester spun yarn with one ply of rayon filament yarn. The company claimed that excise duty had already been paid on the component yarns and sought to clear the product under Rule 173B of the Central Excise Rules. The …

SECRETARY TO THE GOVERNMENT, TRANSPORT DEPTT., MADRASversusMUNUSWAMY MUDALIAR & ORS.

1988 INSC 251Appeal(s) allowed

The Secretary to the Government of Tamil Nadu sought to enforce a bridge construction contract, while the contractor claimed damages and refund of earnest money. The contract contained an arbitration clause naming the Superintending Engineer of the relevant circle as arbitrator. During arbitration …

KANPUR SURAKSHA KARAMCHARI UNION (REGD.)versusUNION OF INDIA & ORS.

1988 INSC 242Case Allowed

The petitioners, canteen workers in three defence establishments at Kanpur, retired after 22‑Oct‑1980 and claimed that their service in the canteens prior to that date should count as qualifying service for pension. The Union of India contended that before 22‑Oct‑1980 the canteens were managed by …

COMMISSIONER, SALES TAX, U.P. LUCKNOWversusANOOP WINES, KHULDABAD, ALLAHABAD

1988 INSC 243Dismissed

Anoop Wines, a dealer in foreign liquor, commenced business on 1 May 1976. A sales‑tax survey directed the dealer to register for the assessment years 1976‑77 and 1977‑78, which it failed to do. The Sales Tax Officer imposed a penalty of Rs.4,500 under Section 15A(1)(g) of the Uttar Pradesh Sales …

Y.K. MEHTA AND ORS.versusUNION OF INDIA & ANR.

1988 INSC 244Case Allowed

Three categories of Doordarshan staff artists (Cameraman Grade‑II, Sound Recordist and Lighting Assistant/Lightman) challenged a government order that gave them lower fee scales than their counterparts in the Film Division of the Ministry of Information and Broadcasting. They argued that they …

STATE OF U.P.versusANIL SINGH

1988 INSC 245Appeal(s) allowed

The State of Uttar Pradesh appealed to the Supreme Court under Article 136 against the Allahabad High Court's acquittal of Anil Singh, who had been convicted by the trial court for the murder of his former classmate Keshav Kumar. The High Court had dismissed the prosecution's case, disbelieving the …

HARI KISHAN & ANR.versusSUKHBIR SINGH & ORS.

1988 INSC 239Disposed off

Seven accused were convicted of offences including attempt to murder (s.307/149 IPC) and assault (s.325/149, s.323/149, s.148 IPC). The High Court acquitted them of the attempt to murder charge, released them on probation under s.360 CrPC, and ordered each to pay Rs.2,500 compensation to the victim …

STATE OF ORISSA & ORS.versusLALL BROTHERS

1988 INSC 240Dismissed

The State of Orissa contracted Lall Brothers to complete a minor irrigation project, which was finished late. Disagreements over the final payment led the contractor to invoke the arbitration clause, resulting in the appointment of an arbitrator who awarded a lump sum of Rs. 14.67 lakh with …

JHUMMAMAL ALIAS DEVANDASversusSTATE OF MADHYA PRADESH & ORS.

1988 INSC 241Appeal(s) allowed

The appellant, Jhummamal, was leased a shop by the mortgagee and took possession on 7 August 1982, which was contested by respondent No.2. The police initiated proceedings under Section 145 of the CrPC, and the Sub‑Divisional Magistrate eventually ordered that Jhummamal be entitled to possession. …

STATE OF PUNJAB AND ORS.versusOM PARKASH BALDEV KRISHAN

1988 INSC 235Dismissed

The Punjab Public Works Department invited tenders for a high‑level bridge. The lowest bidder, Om Prakash Baldev Krishan, was told by the Executive Engineer that his tender was accepted and was asked to sign a pending agreement within ten days, but no agreement was ever executed and the acceptance …

NYADAR SINGH & ANR.versusUNION OF INDIA & ORS.

1988 INSC 236Disposed off

The Supreme Court examined two appeals by government servants, Nyadar Singh and M.J. Ninama, who had been punished with "reduction in rank" under Rule 11(vi) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to posts lower than those to which they were directly …

SMT. SAVITHRAMMAversusCECIL NARONHA & ANR.

1988 INSC 237Dismissed

The Supreme Court examined affidavits filed in a contempt petition where the complainant alleged non‑compliance with a prior court order. Both the complainant’s affidavit and the accused’s reply affidavit were found to be vague, lacking specific facts, and not verified in accordance with Order XI …

DR. RAMESH CHANDRA SINHAversusSTATE OF BIHAR & ORS.

1988 INSC 238Disposed off

Dr. Ramesh Chandra Sinha, an associate professor of Plastic Surgery, challenged his junior placement to Dr. P.K. Verma in the appointment order of September 29, 1978, claiming seniority based on a longer teaching tenure. The Patna High Court had excluded the period from 2 January 1964 to 28 June …

ATMA RAM MITTALversusISHWAR SINGH PUNIA

1988 INSC 234Appeal(s) allowed

The landlord, Atma Ram Mittal, filed a suit for possession of a shop he let to Ishwar Singh Punja, relying on Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, which exempts buildings completed after the Act’s commencement for ten years. The building was completed in June …

AMAR SINGH & ANR.versusASSTT. DIRECTOR OF CONSOLIDATION & ORS.

1988 INSC 233Dismissed

Chukkhan, a Bhumidhar, bequeathed a life estate in his land to his wife, Gilia, and the remainder to their daughters. After Chukkhan's death Gilia took possession and later executed a will in favour of the appellants, Amar Singh and another. Upon Gilia's death a dispute arose whether the appellants …

M.L. JAINversusUNION OF INDIA

1988 INSC 231Case Allowed

M.L. Jain, a retired Judge of the Delhi High Court, challenged the pension fixed by the Pay & Accounts Officer at Rs.26,000 per annum, contending that amendments to the High Court Judges (Conditions of Service) Act in 1986 and 1988 and related Office Memoranda entitled him to a higher pension. The …

KIRAN BEDI & ORS.versusCOMMITIEE OF INQUIRY & ANR.

1988 INSC 230Disposed off

A Committee of Inquiry was constituted to investigate incidents involving lawyers and police officers. The Committee directed that the petitioners, Kiran Bedi (DCP) and Jinder Singh (SI), be cross‑examined at the beginning of the inquiry, while three other officers who had received notices under …

SUB DIVISIONAL OFFICER & ORS. ETC.versusDR. MEHAR SINGH AND ORS. ETC.

1988 INSC 228Appeal(s) allowed

The Punjab Government had declared certain areas as notified areas under Section 241 of the Punjab Municipal Act, 1939 and later cancelled those notifications under Section 244. The office‑bearers of the notified‑area committees filed writ petitions challenging the constitutional validity of Section …

STATE OF MAHARASHTRA & ORS. ETC.versusMADHUKAR BALKRISHNA BADIYA & ORS. ETC.

1988 INSC 229Disposed off

The State of Maharashtra amended the Bombay Motor Vehicles Tax Act, 1958 to levy a one‑time tax on motorcycles and tricycles, charging fifteen times the annual rate and a higher rate for company‑owned vehicles, with limited refund provisions. The Bombay High Court struck down the amendment as beyond …

VIJAY PRAKASH D. MEHTA & ANR.versusCOLLECTOR OF CUSTOMS (PREVENTIVE), BOMBAY

1988 INSC 223Dismissed

The appellants, Indian citizens residing abroad, were caught with large amounts of foreign exchange and were penalised Rs 3 lakhs each under the Customs Act. They appealed the penalty under s.129A, and the Customs Appellate Tribunal, invoking s.129E, reduced the security deposit to Rs 1 lakh each. …

STATE OF RAJASTHANversusR.S. SHARMA & CO.

1988 INSC 224Disposed off

The State of Rajasthan and R.S. Sharma & Co. entered into a construction contract that later led to a dispute. While litigation was pending, the parties agreed to arbitrate, and the arbitrators awarded Rs.75,41,755 to the respondent without providing reasons. The appellant challenged the award on …

ACHYUT SHIVRAM GOKHALEversusREGIONAL TRANSPORT OFFICER & ORS.

1988 INSC 225Disposed off

The Maharashtra government issued a scheme under section 68‑D of the Motor Vehicles Act, 1939 granting the State Road Transport Corporation exclusive rights to operate contract carriage services, excluding all others except seven specified categories. A. S. Gokhale, not belonging to any category, …

DR. JEEVAK ALMASTversusUNION OF INDIA & ORS.

1988 INSC 220Disposed off

Dr. Jeevak, an unsuccessful candidate in the All India Entrance Examination for postgraduate medical seats, filed a writ petition seeking to declare clauses 11 and 15(g) of the bulletin illegal, to quash the list of successful candidates, and to obtain a mandamus directing his admission to the …

STATE OF U.P.versusKRISHNA GOPAL & ANR.

1988 INSC 221Case Partly allowed

The State of Uttar Pradesh charged Krishna Gopal and an associate with murder under IPC sections 302 and 34. The trial court convicted them based on two eye‑witnesses and the deceased's statements recorded as dying declarations, accepting that the victim remained conscious long enough to make those …

SHROFF & CO., ETC.versusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER, ETC.

1988 INSC 222Dismissed

Shroff & Co., a partnership dealing in wines and spirits, imported liquor into Bombay and stored it in a bonded warehouse under the Maharashtra Foreign Liquor (Storage in Bond) Rules. The appellants challenged the inclusion of countervailing duty in the assessable value for octroi, arguing that the …

WEST BENGAL HOSIERY ASSOCIATION & ORS.versusSTATE OF BIHAR & ANR.

1988 INSC 219Directions issued

The State of Bihar imposed a 5% sales tax on all hosiery goods sold within the state from October 1, 1983, and by a notification dated August 1, 1984 exempted hosiery goods manufactured in Bihar as an incentive to local industry. The West Bengal Hosiery Association and other petitioners filed a writ …

DR. M. K. SALPEKARversusSUNIL KUMAR SHAMSUNDER CHAUDHARI AND OTHERS

1988 INSC 215Dismissed

The landlords of a building in Nagpur applied to the Rent Controller to evict Dr. M.K. Salpekar, who occupied part of the premises as a clinic, on the ground that he had secured alternative accommodation by building a residential house elsewhere. The Rent Controller allowed eviction under clause …

P. SIVASWAMYversusSTATE OF ANDHRA PRADESH

1988 INSC 216Disposed off

The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa …

OM PRAKASHversusAMARJIT SINGH & ANR.

1988 INSC 217Appeal(s) allowed

The appellant, Om Prakash, was placed ex parte in a suit for specific performance of an agreement to sell a small piece of land. He filed several applications to set aside the ex parte order, but they were dismissed as unsigned or time‑barred. The trial court decreed specific performance based on …

COLLECTOR OF CUSTOMS, BOMBAYversusSWASTIC WOOLLEN (P) LTD. & ORS.

1988 INSC 218Dismissed

The importer claimed that wool material it brought in was "wool waste" and therefore exempt from customs duty under Notification 240/76‑cus. An expert committee held the goods were not wool waste, leading the Additional Collector of Customs to levy duty and confiscate the consignment. The importer …

G.S. DHARA SINGHversusE.K. THOMAS & ORS.

1988 INSC 210Dismissed

The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits …

COMMISSIONER OF WEALTH TAX, ALLAHABADversusARVIND NAROTTAM (INDL.)

1988 INSC 211Dismissed

The Commissioner of Wealth Tax assessed the wealth tax on the entire value of assets held in three discretionary trusts created for the benefit of Arvind Narottam, invoking s.21(2) of the Wealth Tax Act, 1957. The trusts stipulated only a minimum annual payment to the beneficiary, with any surplus …

DR. AJAY PRADHAN & ANR.versusSTATE OF MADHYA PRADESH & ORS

1988 INSC 212Dismissed

The Supreme Court considered two appeals by Dr. Ajay Pradhan and Dr. Sanjay Kumar Shrivastava who sought admission to postgraduate medical seats that became vacant towards the end of the 1986-87 academic year. Both relied on Rule 10 of the Madhya Pradesh Selection for Post‑Graduation Courses Rules, …

JAYWANT S. KULKARNI & ORS.versusMLNOCHAR DOSABHAI SHROFF & ORS.

1988 INSC 209Dismissed

The appellants, statutory tenants of a premises in Thane, were served a notice under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 demanding payment of rent arrears of Rs.800 for the period September 1971 to December 1972. They failed to pay and raised no dispute …

NAND LAL AGARWALversusGANESH PRASAD SAH & ORS.

1988 INSC 213Dismissed

The appellant, a tenant, was evicted by the landlord on grounds of bona‑fide requirement and non‑payment of rent. The tenant argued that he had paid an advance of Rs 300 and that the landlord had collected Rs 70 per month instead of the contractual Rs 60, the excess of which should be adjusted …

SMT. RAJBIR KAUR & ANR.versusS. CHOKESIRI & CO.

1988 INSC 214Appeal(s) allowed

The landlords (Smt. Rajbir Kaur & Anr.) leased commercial premises to S. Chokesiri & Co., who later allowed two sub‑tenants – a tailor and an ice‑cream vendor – to operate within the premises. The landlords sought eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, …

YOGENDRA MURARIversusSTATE OF U.P.

1988 INSC 207Dismissed

Yogendra Murari was detained under Section 3(2) of the National Security Act, 1980 after three violent incidents that disturbed public order. He challenged the detention on grounds that the order improperly included incidents unrelated to public order, was delayed beyond four months, was intended to …

DILBAGRAI PUNJABIversusSHARAD CHANDRA

1988 INSC 208Dismissed

In a suit for eviction under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, the plaintiff claimed personal necessity and ownership of a shop. The trial court and the Additional District Judge rejected his claim for lack of a partition deed proving ownership. The High Court …

BUDHU MAL ETC.,versusMAHABIR PRASAD & ORS., ETC.

1988 INSC 205Appeal(s) allowed

Mahabir Prasad, the landlord, executed a deed in 1966 granting the rent benefits of certain premises to his grandsons and their mother, Smt. Sulochana Devi, and instructed the tenants to pay rent to her. He later executed a cancellation deed in 1970, revoking that benefit, and sued the tenants for …

SARDAR HUSSAIN & ANR.versusSTATE OF UTTAR PRADESH

1988 INSC 206Appeal(s) allowed

The appellants, Sardar Hussain and a co‑accused, were charged with murdering Islam, the younger brother of PW 1, to conceal a fraudulent sale deed that purportedly transferred Islam's land to the wife of appellant No. 1. The prosecution relied solely on circumstantial evidence: a motive derived from …

AELTEMESH REIN, ADVOCATE, SUPREME COURT OF INDIAversusUNION OF INDIA & ORS.

1988 INSC 203Disposed off

The petitioner, a practising advocate, filed a writ petition alleging that he was handcuffed while being taken to court and that the Union Government had failed to issue guidelines on handcuffing as required by the Prem Kumar Shukla judgment. The petition also sought a mandamus directing the Central …

INDIAN RAYON CORPN. LTD.versusRAUNAQ & COMPANY PVT. LTD.

1988 INSC 204Dismissed

The award in a dispute between Indian Rayon Corp. Ltd. and Raunaq & Co. was filed in the Calcutta High Court on 4 February 1977. The appellant claimed the award had been wrongly filed and sought a notice of filing; the court issued a notice on 30 July 1981. The appellant applied for a certified copy …

ABHAY SINGH SURANAversusINDIAN RAYON & INDUSTRIES LTD.

1988 INSC 201Disposed off

Abhay Singh Surana, the landlord of a godown, sued Jayshree Textiles (later amalgamated with Indian Rayon) for eviction and faced a title suit for injunction. He applied under Clause 13 of the 1865 Letters Patent of the Calcutta High Court to have both suits transferred to the High Court, citing the …

SURINDER NATH KAPOORversusUNION OF INDIA & ORS.

1988 INSC 202Disposed off

The Supreme Court examined a garnishee order issued under section 226(3)(x) of the Income Tax Act, 1961, which sought payment of Rs.8,56,377.55 despite the notice specifying only Rs.2,86,450. The Court held that because the amount in the order was not mentioned in the notice, the garnishee order was …

KEHAR SINGH & ORS.versusSTATE (DELHI ADMN.)

1988 INSC 200Disposed off

The case arises from the assassination of Prime Minister Indira Gandhi on October 31, 1984, by her security guards Beant Singh and Satwant Singh. The trial was held in Tihar Jail pursuant to a High Court notification. The Supreme Court considered whether the trial in jail violated the right to open …

VIKRAM DEO SINGH TOMARversusSTATE OF BIHAR

1988 INSC 197Disposed off

A writ petition was filed after a voluntary organisation reported inhuman conditions at a Bihar "Care Home" for female inmates. The Supreme Court, after a district judge’s inspection, found the facility to be a dilapidated, overcrowded hovel lacking basic amenities, adequate food, clothing, water, …

COLLECTOR OF CENTRAL EXCISE, MADRASversusINDIAN OXYGEN LTD.

1988 INSC 199Dismissed

Indian Oxygen Ltd., a manufacturer of dissolved acetylene and compressed oxygen gases, supplied the gases in cylinders. Some customers used their own cylinders while others used cylinders supplied by the company, for which the company charged a rental fee and took a deposit on which a notional 18% …

BIRAD MAL SINGHVIversusANAND PUROHIT

1988 INSC 198Appeal(s) allowed

The Supreme Court examined an election petition challenging the election of B.M. Singhvi from the Jodhpur City Assembly constituency. The petition alleged that three candidates – Umrao Ben, Hukmi Chand and Suraj Prakash Joshi – were improperly rejected, contending that Ben’s nomination should have …

UNION OF INDIA & ORS.versusR. NARASIMHAN

1988 INSC 195Appeal(s) allowed

R. Narasimhan, a Class III railway servant governed by the pension rules, was compulsorily retired in 1982 under para 620 of the Railway Pension Manual, which allows retirement after 30 years of qualifying service. He challenged the order, arguing that the manual provision was void and that only …

COMMISSIONER OF SALES TAX U.P. LUCKNOWversusMOOL CHAND SHYAM LAL, BELANGANJ, AGRA

1988 INSC 196Dismissed

The appellant, Commissioner of Sales Tax, assessed a penalty on the respondent, a roller flour mill dealer, for allegedly realizing excess amounts as wheat purchase tax, sales tax, and octroi beyond what was legally payable under the U.P. Sales Tax Act. The dealer had been authorised by a government …

CHANDRAKANT KHAIREversusDR. SHANTARAM KALE & ORS.

1988 INSC 194Dismissed

The first meeting of the Aurangabad Municipal Corporation was convened on 6 May 1988 to elect the Mayor, Deputy Mayor and Standing Committee members. A violent disturbance broke out when opposition councillors seized ballot boxes and chairs were thrown, prompting the Municipal Commissioner to …

STATE OF U.P. AND ORS.versusRENUSAGAR POWER CO. AND OTHERS

1988 INSC 190Disposed off

The State of Uttar Pradesh issued a demand notice for electricity duty on power supplied by Renusagar Power Co. to its wholly‑owned subsidiary Hindalco. The High Court quashed the demand, holding that Renusagar was Hindalco's own source of generation and that the State had not complied with …

HARYANA STATE ADHYAPAK SANGH AND ORS. ETC.versusSTATE OF HARYANA & ORS.

1988 INSC 191Disposed off

The case involved teachers employed in recognised aided private schools in Haryana who alleged that their salaries and allowances were lower than those of teachers in government schools, contrary to the Kothari Commission's recommendation of equal pay scales. The State of Haryana had initially …

INDIAN OXYGEN LTD.versusCOLLECTOR OF CENTRAL EXCISE.

1988 INSC 192Disposed off

Indian Oxygen Ltd., a manufacturer of compressed oxygen and dissolved acetylene, sold its products to government undertakings at rates fixed by the Department of Goods and Services and to other buyers at higher slab‑based prices, also levying delivery, collection, cylinder deposit and rental …

J.R. RAGHUPATHY, ETC.versusSTATE OF A.P. & ORS. ETC.

1988 INSC 193Disposed off

The Supreme Court examined writ petitions filed under Art.226 challenging the location of Revenue Mandal Headquarters in Andhra Pradesh, which had been notified under sub‑section (5) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974. The High Court had, in some cases, quashed the …

GOVERDHAN LAL DHAWANversusSTATE OF BIHAR & OTHERS

1988 INSC 187Dismissed

The North Bihar Regional Transport Authority (RTA) advertised for applications to grant stage‑carriage permits on routes that crossed into South Bihar. The petitioner challenged the authority’s power to issue such inter‑regional permits without a prior agreement with the South Bihar RTA, arguing …

MISS A. SUNDARAMBALversusGOVERNMENT OF GOA, DAMAN AND DIU & ORS.

1988 INSC 188Dismissed

Miss A. Sundarambal, a school teacher, was terminated by the management of a school run by the Society of Franciscan Sisters of Mary. She sought relief under the Industrial Disputes Act, 1947, but the Government of Goa declined to refer her dispute to a Labour Court, holding that she was not a …

SHIV KUMAR SHARMAversusHARYANA STATE ELECTRICITY BOARD, CHANDIGARH & ORS.

1988 INSC 189Appeal(s) allowed

S.K. Sharma was appointed Assistant Engineer‑II on probation on 10 June 1963 and completed the two‑year probation in June 1965. A disciplinary proceeding in 1968 imposed a minor penalty of stoppage of one increment for one year, which had no future effect on his seniority. Although his probation was …

COMMISSIONER OF SALES TAXversusPRABHUDAYAL PREM NARAIN

1988 INSC 185Appeal(s) allowed

The Supreme Court examined an appeal by the Uttar Pradesh Commissioner of Sales Tax against a decision of the Allahabad High Court that had remitted a sales‑tax exemption dispute to the Tribunal for further evidence. The respondent, a dealer in pulses, claimed exemption under s.30(2) of the U.P. …

MAHALAKSHMI GLASS WORKS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1988 INSC 186Dismissed

Mahalakshmi Glass Works manufactured glass bottles and sold them packed in gunny bags and cartons, which it claimed were durable and returnable, and therefore the cost of such packing should be excluded from the assessable value under Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944. The …

INDRU RAMCHAND BHARVANI AND OTHERSversusUNION OF INDIA & OTHERS

1988 INSC 182Dismissed

The petitioners, partners of a diamond trading firm, were found by Customs officers to possess over 3,200 carats of diamonds and other valuables after a search based on secret information. The officers seized the goods under Section 110 of the Customs Act, 1962, asserting a reasonable belief that …

OM PARKASH & ORS.versusR.K. LAKRA

1988 INSC 183Appeal(s) allowed

The land in question was originally granted by the Government of Jammu & Kashmir to Attar Chand as a long lease, making him the Wasidar. His son Guranditta Mal inherited the lease and, in 1954, sub‑leased the land to Raghunath Dass without government permission. Indra Devi, Guranditta's widow and …

STATE OF ORISSAversusDANDASI SAHU

1988 INSC 184Dismissed

The State of Orissa contracted Dandasi Sahu for an irrigation project; after completion and final payment, Sahu claimed extra work and invoked the arbitration clause. The arbitrator awarded Rs 15,23,657 plus interest without giving reasons. The Sub‑ordinate Judge set aside the award, but the Orissa …

CHIMANLAL HARGOVINDDASversusSPECIAL LAND ACQUISITION OFFICER, POONA, AND ANR.

1988 INSC 180Appeal(s) allowed

The appellant's land in Poona was acquired under the Land Acquisition Act, 1894 and the compensation offered by the Land Acquisition Officer was contested. A reference under Section 18 was made to a civil court, which valued the land at Rs 8692 per acre; the High Court later reduced the valuation to …

NARENDRA NATH PANDEY & ORS.versusSTATE OF U.P. & ORS.

1988 INSC 181Appeal(s) allowed

The appellants, appointed as direct recruits to the Uttar Pradesh Provincial Civil Service, challenged seniority lists that placed demobilised armed‑forces officers (respondents) above them. The respondents had been recruited under the Uttar Pradesh Non‑Technical (Class‑II) Services (Reservation of …

ACCOUNTANT AND SECRETARIAL SERVICES PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

1988 INSC 179Dismissed

The appellant, a private limited company, occupied part of premises owned by United Commercial Bank and challenged an eviction notice issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The company argued that the Act, as applied to premises of a public‑sector …

ODYSSEY COMMUNICATIONS PVT. LTD.versusLOKVIDAYAN SANGHATANA & ORS.

1988 INSC 178Appeal(s) allowed

Odyssey Communications, the producer of the TV serial 'Honi-Anhoni', appealed against a Bombay High Court interim injunction that barred telecasting episodes 12 and 13 on the ground that the serial spread superstitious beliefs. The Supreme Court held that the right to exhibit films on Doordarshan …

SRINIVASA GOPALversusUNION TERRITORY OF ARUNACHAL PRADESH (NOW STATE)

1988 INSC 177Appeal(s) allowed

The appellant, an executive engineer, was charged under IPC sections 279, 304A and 338 for a fatal jeep accident in Arunachal Pradesh in November 1976. The magistrate initially took cognizance on the date of the police report, but the High Court held that cognizance was only taken on 31 March 1986, …

P.K. SINGH AND OTHERSversusPRESIDING OFFICER & OTHERS

1988 INSC 176Dismissed

Sixteen workmen employed as 'C' Grade Fitters in a Central Government undertaking filed applications under section 33-C(2) of the Industrial Disputes Act, 1947, seeking computation of wages at the rate of 'B' Grade Fitters because they performed the same duties. The Central Government Industrial …

P. RAMI REDDY & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ANR. ETC.

1988 INSC 174Dismissed

The appellants, non‑tribal owners of immovable property in Andhra Pradesh's scheduled areas, challenged the 1970 Amendment to the Andhra Pradesh Scheduled Areas Land Transfer Regulation which prohibited any transfer of such property by non‑tribals to non‑tribals and required all transfers to be in …

STATE OF RAJASTHANversusHINDUSTAN SUGAR MILLS LTD. & ORS.

1988 INSC 175Appeal(s) allowed

The Central Government issued a notification on 29 January 1970 raising the royalty on limestone to Rs.1.25 per tonne. The writ petitioners challenged it, arguing that the increase violated the proviso to section 9(3)(b) of the Mines and Minerals (Regulation and Development) Act, 1957, which bars …

COMMERCIAL AVIATION & TRAVEL COMPANY & ORS.versusVIMAL PANNALAL

1988 INSC 173Dismissed

The plaintiff, Mrs. Vimal Duti, filed a suit for dissolution of partnership and for accounts, valuing the suit at Rs.25 lakhs for jurisdiction and Rs.500 for court fee. The defendants contended that the valuation for court fee was grossly undervalued and sought dismissal of the plaint under Order …

S.K. CHAKRABORTHY AND ORS.versusUNION OF INDIA & ORS.

1988 INSC 172Dismissed

The petitioners, 75 employees of the Production Control Organisation (PCO) at Kharagpur Railway Workshop, challenged a 1979 memorandum that declared their posts ex‑cadre, alleging that it infringed vested rights and amounted to hostile discrimination compared with the PCO at the Integral Coach …

MAKHAN SINGHversusSTATE OF PUNJAB

1988 INSC 171Appeal(s) allowed

Makhan Singh was convicted under IPC sections 302 and 201 for the murder of his father Banta Singh and grandson Seva Singh, based on alleged motive over land, a claim that he was the last person seen with the victims, an extra‑judicial confession to Amrik Singh, a statement under Evidence Act s.27 …