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Judgments of 1988

520 judgments · newest first · showing 201–400

JAIPAL & OTHERSversusSTATE OF HARYANA AND OTHERS

1988 INSC 170Appeal(s) allowed

The petitioners, appointed as instructors under the centrally funded Adult and Non‑formal Education Scheme in Haryana, were paid a fixed salary of Rs.200 per month and treated as temporary employees, while squad teachers under the State Social Education Scheme were regularised with a pay scale of …

ISHWAR CHAND JAINversusHIGH COURT OF PUNJAB & HARYANA AND ANOTHER

1988 INSC 169Appeal(s) allowed

The appellant, an Additional District and Sessions Judge on a two‑year probation, was dismissed after the High Court, relying on a vigilance inquiry and several complaints—including a Bar Association resolution—concluded his work and conduct were unsatisfactory. The appellant argued that his …

STATE OF MADHYA PRADESH & ORS.versusASHOK DESHMUKH & ANR.

1988 INSC 164Appeal(s) allowed

Ashok Deshmukh, a permanent officer of the Social Welfare Department, was deputed as an officiating Block Development Officer in the Panchayat and Rural Development Department in March 1983. He was repatriated to his parent department in June 1984 by an order of the Secretary, which he challenged …

D.K. AGARWALversusHIGH COURT OF JUDICATURE AT ALLAHABAD

1988 INSC 166Appeal(s) allowed

The appellant, a retired District and Sessions Judge of the Uttar Pradesh Higher Judicial Service, sought the grant of super‑time scale recommended by the Selection Committee. The Full Court of the Allahabad High Court repeatedly rejected the recommendation, relying on adverse allegations made by …

JAGAN NATH (DECEASED) THROUGH L.RS.versusCHANDER BHAN AND 0THERS

1988 INSC 167Appeal(s) allowed

The landlord sought eviction of the tenant under sections 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had part‑ended possession of a residential‑cum‑commercial premises by allowing his sons to run a tent‑house business there. The tenant contended that he …

REGISTRAR, HIGH COURT OF MADRAS ETC.versusR. RAJIAH AND K. RAJESWARAN

1988 INSC 162Dismissed

Two District Munsifs of the Tamil Nadu State Judicial Service were compulsorily retired by the Madras High Court under Rule 56(d) of the Fundamental Rules. They challenged the orders under Article 226, contending that only the Governor, as the appointing authority, could retire them and that the …

COFFEE BOARD, KARNATAKA, BANGALOREversusCOMMISSIONER OF COMMERCIAL TAXES

1988 INSC 163Disposed off

The Coffee Board challenged the levy of purchase tax on coffee it received from growers under the compulsory delivery provision of the Coffee Act, 1942, arguing that the transaction was a compulsory acquisition and not a sale. The Karnataka High Court held that an element of consensuality existed, …

MEHMOOD ALAM TARIQ AND ORS. ETC.versusSTATE OF RAJASTHAN & ORS. ETC.

1988 INSC 168Appeal(s) allowed

The Rajasthan Public Service Commission, in its 1985 recruitment for the Administrative, Police and Forest Services, required candidates to obtain at least 33% marks in the viva‑voce (interview) as a condition for selection. Several candidates who failed to meet this cut‑off challenged the provision …

RAJENDRAKUMAR NATVARLAL SHAHversusSTATE OF GUJARAT &. ORS.

1988 INSC 161Dismissed

The appellant, a liquor broker in Gujarat, was arrested for importing foreign liquor from Rajasthan and later detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985, sub‑section 2 of s. 3, to prevent him from acting prejudicial to public order. He challenged the detention on …

MOORTHYversusSTATE OF TAMIL NADU

1988 INSC 156Appeal(s) allowed

The appellant, a leprosy inspector, had an illicit relationship with Jayasambal, the wife of a doctor, which was terminated after their daughter discovered it. Aggrieved, the appellant watched a violent film and later attacked Jayasambal's house, killing her and her 12‑year‑old son and grievously …

RAM DASSversusISHWAR CHANDER AND OTHERS

1988 INSC 154Dismissed

Ram Dass, a tenant, faced eviction by four brothers who had purchased the landlord's property and claimed a bonafide need for additional accommodation under the East Punjab Rent Restrictions Act, 1949. The Rent Controller granted eviction, the appellate authority reversed it, and the High Court, …

TEJ BHAN MADANversusII ADDITIONAL DISTRICT JUDGE AND OTHERS

1988 INSC 155Dismissed

The tenant Tej Bhan, who had attorned his tenancy to Gopinath Agrawal and later to Chhaya Gupta, refused to attorn again and challenged the landlord's title, alleging defects in the original sale to Gopinath. The Supreme Court examined whether such a denial amounted to a denial of the landlord's …

MOHAR SINGH (DEAD BY LRS.)versusDEVI CHARAN & OTHERS

1988 INSC 158Appeal(s) allowed

The appellant, Mohar Singh, became the exclusive owner of one of two adjacent shops after a partition of co‑owners who had originally let both shops to the tenant, Devi Charan, under a single lease. Singh sought eviction of the tenant from his shop on the ground of bona‑fide need under Section 21 of …

STATE OF U.P. & ANOTHERversusHAJI ISMAIL NOOR MOHAMMAD & CO.

1988 INSC 159Dismissed

The respondent, a dealer manufacturing oils, applied for a recognition certificate under Section 4‑B of the U.P. Sales Tax Act, 1948 on 21‑Mar‑1969, but the certificate was issued only on 5‑Dec‑1969. Rule 25‑A(5) of the U.P. Sales Tax Rules stipulated that such a certificate would take effect from …

DIPTI NARAYAN SRIMANIversusCONTROLLER OF ESTATE DUTY, WEST BENGAL

1988 INSC 160Disposed off

Satya Charan Srimani executed two trust deeds (1953 and 1959) transferring immovable property to himself and his son as trustees while reserving portions of the income for himself, his heirs and deities. After his death, the Estate Duty authorities questioned whether the properties were liable to …

STATE OF HARYANAversusRAM KISHAN & ORS.

1988 INSC 147Dismissed

The State of Haryana, having granted ten‑year mining leases for silica sand and ordinary sand to private lessees under the Mines & Minerals (Regulation & Development) Act, 1957, later terminated those leases prematurely under Section 4A, citing a request from the Central Government and the readiness …

TATA IRON & STEEL CO. LTD.versusUNION OF INDIA & ORS.

1988 INSC 148Appeal(s) allowed

Tata Iron & Steel Co. Ltd. (the appellant) manufactured wheels, tyres and axles for Indian Railways, forging them and then machining and polishing to remove excess steel skin. The Revenue argued that the goods became a new commercial commodity after machining, making them liable to excise duty under …

GURU GOVEKARversusMISS FILOMENA F. LOBO & ORS.

1988 INSC 150Appeal(s) allowed

A car owned by a firm was sent to Guru Govekar's workshop for electrical repairs. While the mechanic Momad Donttach was working on the vehicle, it moved and struck Miss Filomena F. Lobo, causing injuries. Lobo filed a claim under section 111-A of the Motor Vehicles Act, 1939, seeking compensation. …

PIARA LALversusKEWAL KRISHAN CHOPRA

1988 INSC 152Appeal(s) allowed

The appellant, a tenant, occupied four ground‑floor rooms under the East Punjab Urban Rent Restriction Act, 1949. The roof of one room collapsed and the tenant repaired it after obtaining permission under Section 12 of the Act. The landlord sought eviction, first on bona‑fide occupation grounds and …

JAIN EXPORTS (P) LTD. & ANR.versusUNION OF INDIA & ORS.

1988 INSC 143Dismissed

Jain Exports (P) Ltd. and its managing director imported two consignments of refined industrial coconut oil in September 1982. The Customs Collector issued show‑cause notices alleging that industrial coconut oil was a canalised item under Appendix 9 para 5 of the Import Policy 1980‑81 and ordered …

TATA TEA LTD. & ANR. ETC.versusSTATE OF WEST BENGAL & ORS. ETC.

1988 INSC 144Disposed off

The Supreme Court examined writ petitions filed by Tata Tea Ltd. and other tea companies challenging amendments made by the West Bengal and Kerala legislatures that sought to tax the entire income from the sale of tea grown and manufactured by the assessees. The petitioners argued that only 60% of …

MARKANDEY SINGH, I.P.S., & ORS.versusM.L. BRANOT, I.P.S., & ORS.

1988 INSC 134Dismissed

Markandey Singh, a former Deputy Superintendent of Police in Uttar Pradesh, was absorbed into the Himachal Pradesh‑Delhi joint IPS cadre in 1963 and was allotted the year 1958 as his year of allotment. He later claimed that his officiation as Superintendent of Police while on deputation from 6 …

MUKUL DALAL ETC. ETC.versusUNION OF INDIA & ORS. ETC. ETC.

1988 INSC 135Appeal(s) allowed

The appellants were charged with various offences under the Indian Penal Code and the State of Maharashtra appointed Special Public Prosecutors and Assistant Public Prosecutors for their cases under CrPC sections 24(8) and 25(1) respectively, with the remuneration to be borne by the private …

D.N. TANEJAversusBHAJAN LAL

1988 INSC 136Dismissed

D.N. Taneja filed a criminal contempt petition against Bhajan Lal, alleging that the latter used his position to intimidate a forest officer and interfere with a writ petition. The Punjab & Haryana High Court Single Judge dismissed the contempt application, holding that the case was not fit for the …

BHARAT STEEL TUBES LTD. & ANR.versusSTATE OF HARYANA & ANR.

1988 INSC 137Dismissed

Bharat Steel Tubes Ltd., a registered dealer under the Punjab and Haryana sales‑tax Acts, filed returns for the years 1968‑69 to 1974‑75. The assessing authority issued notices under the respective statutes and the company complied, but later issued further notices seeking additional documents. The …

STATE OF TAMIL NADUversusDHARANGADHARA TRADING CO. LTD.

1988 INSC 129Dismissed

The State of Tamil Nadu challenged the tax treatment of sales made by Dharangadhara Chemical Works Ltd. (the manufacturer) to Dharangadhara Trading Co. Ltd. (the trading company). The parties had a general agreement under which the trading company obtained orders from out‑of‑state buyers and the …

BANARSI LALversusSMT. SAGHIRAN BEGUM

1988 INSC 128Appeal(s) allowed

The landlord obtained a decree for eviction of the tenant's shop, with the trial court ordering each party to bear its own costs. While the appeal was pending, the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force, requiring a tenant to deposit the …

SALIM RAJMOHMAD MUSLIMversusSTATE OF GUJARAT & ORS.

1988 INSC 131Case Allowed

The petitioner, Salim Rajmohmad Muslim, was detained under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on 11 June 1987. He filed a representation on 15 July 1987 to both the detaining authority (Police Commissioner, Surat) and the State Government, alleging that …

KALYAN MUNICIPAL COUNCIL & ORS.versusUSHA PAPER PRODUCTS (P) LTD. & ANR.

1988 INSC 132Dismissed

The Kalyan Municipal Council levied property tax on Usha Paper Products Ltd for the years 1970-71 to 1972-73. After detecting new construction, the Council increased the rateable value of the property by a resolution on 3 October 1973 and served a notice under Section 123(1) of the Maharashtra …

ALL INDIA REPORTER KARAMCHARI SANGH & ORS.versusALL INDIA REPORTER LIMITED AND ORS.

1988 INSC 125Appeal(s) allowed

All India Reporter Ltd publishes several law reports and argued that these publications are not "newspapers" within the meaning of the Working Journalists and other Newspaper Employees (Conditions of Service) Act, 1955, and therefore its employees were not entitled to the wage benefits ordered by …

CHUHARMAL S/0 TAKARMAL MOHNANIversusCOMMISSIONER OF INCOME-TAX, M.P., BHOPAL

1988 INSC 126Dismissed

The petitioner, Chuharmal, filed an income‑tax return for AY 1974‑75 showing a total income of Rs 3,113. During a customs search in May 1973, 565 foreign watches valued at Rs 87,455 were seized from his bedroom. The Income‑Tax Officer issued notices under s.69A of the Income Tax Act to treat the …

CHUHARMALversusUNION OF INDIA & ORS.

1988 INSC 127Dismissed

In 1973 the Customs authorities seized 565 foreign wrist watches from the petitioner’s residence and issued a show‑cause notice under section 124 of the Customs Act. The Collector later extended the statutory six‑month period for issuing the notice under the proviso to section 110(2) and imposed a …

WESTON ELECTRONIKS & ANR.versusSTATE OF GUJARAT & ANR.

1988 INSC 124Case Allowed

The Gujarat government, under section 49(2) of the Gujarat Sales Tax Act, 1969, issued notifications granting a lower sales‑tax rate to electronic goods manufactured within Gujarat while imposing a higher rate on identical goods imported from other states. Weston Elektroniks and other manufacturers …

A.R. ANTULAYversusR.S. NAYAK & ANR.

1988 INSC 123Appeal(s) allowed

The appellant, a former Chief Minister of Maharashtra, was prosecuted for corruption offences under the Indian Penal Code and the Prevention of Corruption Act. The Supreme Court, in an earlier order dated 16.2.1984, suo motu transferred the case from the Special Judge to the Bombay High Court for …

MRIDULA AVASTHI & ORS. ETC.versusUNIVERSITY OF DELHI & ORS.

1988 INSC 122Disposed off

The petitioners challenged the University of Delhi's 1988 admission scheme for postgraduate medical courses, which, as a transitory measure, barred candidates who had completed a one‑year housemanship (seniors) from the new three‑year degree and two‑year diploma programmes and used a single common …

LAXMI RAJ SHETTY AND ANR.versusSTATE OF TAMIL NADU

1988 INSC 119Dismissed

Appellant No.1, Laxmi Raj Shetty, was convicted of murder, robbery and house trespass and sentenced to death, while his father, Appellant No.2, Shivram Shetty, was convicted of harbouring and possessing stolen property. The prosecution relied entirely on circumstantial evidence, including the …

ANIL KUMAR NEOTIA AND ORS.versusUNION OF INDIA & ORS.

1988 INSC 120Dismissed

The petitioners, shareholders of Swadeshi Cotton Mills Co. Ltd., challenged the constitutional validity of sections 3 and 4 of the Swadeshi Cotton Mills Ltd. (Acquisition and Transfer of Undertakings) Act, 1986, alleging that the forced vesting of shares in the Central Government amounted to …

SMT. SUDHA DEVIversusM.P. NARAYANAN & ORS.

1988 INSC 121Appeal(s) allowed

Sudha Devi sued the tenant (defendant 1) for non‑payment of rent and wrongful sub‑letting, and also sought possession against a third defendant who allegedly occupied the flat after a decree. The defendants did not appear, and an ex‑parte decree was passed based on the plaintiff’s sole witness. The …

KASHMERI DEVIversusDELHI ADMINISTRATION & ANR.

1988 INSC 118Disposed off

Kashmeri Devi, the widow of a tonga driver who died in police custody, alleged that two sub‑inspectors and two constables beat her husband to death after arresting him. A complaint was filed and the case was initially registered under IPC Section 302, later converted to Section 304 and subsequently …

MADHO S/O SHRIHARI DESHPANDEversusMADHAO S/O TRIMBAK DHARMADHIKAREE

1988 INSC 117Appeal(s) allowed

The dispute involved an arbitration award concerning properties mainly located in Warora, Chandrapur, with a small portion in Nagpur. The arbitrator, a resident of Nagpur, filed the award in the Nagpur Civil Court. The Civil Judge held that only the Nagpur property and the arbitrator's residence did …

MHADAGONDA RAMGONDA PATIL & ORS.versusSHRIPAL BALWANT RAINADE & ORS.

1988 INSC 116Dismissed

Two mortgages were created in 1925 and 1928 over certain land. In a 1947 suit, the mortgagors obtained a preliminary decree for redemption and, after default, a final decree for sale, but the mortgagee never executed the sale and retained possession. In 1968 the mortgagor‑heirs filed a second suit …

C.V. RAMAN, ETC.versusMANAGEMENT OF BANK OF INDIA AND ANOTHER, ETC.

1988 INSC 115

The Supreme Court considered a series of civil appeals arising from dismissals of bank employees who sought relief under various State Shops and Establishments Acts. The banks argued that the Acts did not apply to them because they were "establishments under the Central Government" and thus fell …

DES RAJ, ETC. ETC.versusSTATE OF PUNJAB & ORS. ETC.

1988 INSC 111Appeal(s) allowed

The Supreme Court examined three appeals filed by employees of the Irrigation Departments of Punjab and Haryana who sought relief under the Industrial Disputes Act, 1947, after their applications were rejected by the Labour Court on the ground that the employer was not an ‘industry’. The Court …

COLLECTOR OF CUSTOMS, BOMBAYversusBHOR INDUSTRIES LTD.

1988 INSC 112Dismissed

The respondent imported a chemical known as 'Sancticizer 429' and challenged the customs duty levied on it. The Assistant Collector classified it as a polymeric plasticizer under heading 39.01/06 of the Customs Tariff Act, 1975, a view upheld by the Appellate Collector. The Customs, Excise and Gold …

LT. COL. K.D. GUPTAversusUNION OF INDIA & ORS.

1988 INSC 113Case Partly allowed

Lt. Colonel K.D. Gupta, a permanent commission officer, was repeatedly subjected to psychiatric examinations that led to his medical category being downgraded from Shape‑I to Shape‑II and treated as a Major, despite no formal order reducing his rank. He challenged these actions before the Supreme …

COLLECTOR OF CENTRAL EXCISE, DELHIversusKELVINATOR OF INDIA LTD.

1988 INSC 114Dismissed

Kelvinator of India Ltd manufactures refrigerators and includes a one‑year warranty in the sale price. After the warranty expires, it offers an optional four‑year service contract for the sealed system at a charge of Rs 300‑450 per unit, which 91% of customers accept. The Assistant Collector and …

OSWAL SPINNING & WEAVING MILLS LTD.versusCOLLECTOR OF CUSTOMS & ANR.

1988 INSC 109Disposed off

Oswal Spinning & Weaving Mills Ltd imported 58 bales of woollen rags, which Customs officials later identified as acrylic rags and confiscated under the Customs Act. The importer was offered the option to pay a redemption fine under section 125; the fine was reduced by the Board and the goods were …

GOPAL SINGHversusSTATE OF U.P. & ORS.

1988 INSC 107Dismissed

Gopal Singh challenged a notice under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, claiming that 12.35 acres gifted to his adult, unmarried, disabled daughter should be excluded from the ceiling calculation. The Prescribed and Appellate Authorities held that the gift was not …

P.N. DUDAversusP. SHIV SHANKAR & OTHERS

1988 INSC 108Dismissed

The petitioner, P.N. Duda, sought initiation of contempt proceedings against former Law Minister P.S. Shiv Shankar for remarks made in a Bar Council speech that allegedly disparaged the Supreme Court. The petition also impleaded the Attorney General, Solicitor General, and a newspaper editor, …

R.N. KUMARversusR.K. SORAL

1988 INSC 105Dismissed

The petitioner and respondent entered into a film distribution agreement on 19 March 1983 that contained an arbitration clause. On 11 March 1985 they executed a second agreement in which the respondent promised to pay Rs 6.5 lakhs and the petitioner would surrender his distribution rights, …

ABDUL HAMID SHAMSIversusABDUL MAJID AND OTHERS

1988 INSC 104Appeal(s) allowed

The plaintiff, a former partner, sued his brothers for dissolution of a partnership and for accounts, alleging they had excluded him and falsified a partnership deed. He valued the suit at a nominal Rs.150 (Rs.50 each for declaration, accounts, and profit) and paid the corresponding court fee. The …

BAL CHAND BANSALversusUNION OF INDIA & ORS.

1988 INSC 102Dismissed

B.C. Bansal was arrested on 2‑4‑1987 for allegedly directing illegal foreign exchange remittances and was kept in judicial custody until 13‑4‑1987. On the same day his bail was granted, the authorities issued a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention …

COLLECTOR OF CUSTOMS, CALCUTTAversusSUN INDUSTRIES

1988 INSC 103Dismissed

Sun Industries shipped plywood panels from Calcutta to Colombo and claimed drawback under Section 75 of the Customs Act. The vessel developed engine trouble, returned, and ran aground in Indian territorial waters, after which the cargo was salvaged. The Assistant Collector and Appellate Collector …

B.B. RAJWANSHIversusSTATE OF U.P. & ORS.

1988 INSC 100Appeal(s) allowed

The appellant, a workman dismissed by his employer, obtained a favourable award from the Labour Court. Before publishing the award, the Uttar Pradesh Government exercised its power under sub‑section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 to remit the award for reconsideration, …

DEPUTY COMMISSIONER OF SALES TAX (LAW)versusN. KANNAN NAIR & ORS.

1988 INSC 101Dismissed

The petitioners, a group of PWD contractors, purchased sand, bricks and other materials for repairing public roads under contracts with the Public Works Department. The Revenue assessed purchase tax on the turnover of these materials under Section 5A(1)(a) of the Kerala General Sales Tax Act, 1963, …

RAGHUNATH & ORS.versusSTATE OF MAHARASHTRA & ORS.

1988 INSC 97Dismissed

The petitioners' lands were targeted for acquisition under the Land Acquisition Act, 1894 through a Section 4 notification followed by a Section 6 declaration. They challenged the notification and declaration, alleging they were not heard and that the notification was issued mala fides. The …

V.K. AGARWAL, ASSISTANT COLLECTOR OF CUSTOMSversusVASANTRAJ BHAGWANJI BHATIA & ORS.

1988 INSC 99Appeal(s) allowed

The State prosecuted Vasantraj Bhagwanji Bhatia and others for possession of primary gold under the Customs Act, 1969 (Sec. 111 read with Sec. 135); one respondent was convicted and two were acquitted. The same authorities later sought to prosecute the three respondents under the Gold (Control) Act, …

MOHAN LAXMAN HEDEversusNOORMOHAMED ADAM SHAIKH

1988 INSC 96Disposed off

Mohan Laxman Hede (appellant) was a tenant of a shop owned by Noormohamed Adam Shaikh (respondent). After being served a notice for rent arrears, the appellant paid the arrears and thereafter deposited rent in court at irregular intervals, sometimes a few days late and sometimes in advance. The …

BHUPINDER SINGHversusSTATE OF PUNJAB

1988 INSC 93Dismissed

Bhupinder Singh, his father Sher Singh and mother Mukhtiar Kaur were convicted of murdering Bhupinder's wife Gian Kaur by administering an organophosphorus poison, motivated by dowry demands. The trial and High Courts upheld the conviction of Bhupinder and Sher, acquitting Mukhtiar. On appeal, the …

INDIAN OIL CORPORATIONversusINDIAN CARBON LTD.

1988 INSC 94

Indian Oil Corporation (petitioner) sold raw petroleum coke to Indian Carbon Ltd (respondent) under three agreements that provided for shifting of coke and interest on unpaid stock. After payment default, Indian Oil obtained attachment of coke, terminated the agreements and the dispute over interest …

BABU RAM & ORS.versusGRAM SABHA BUHAVI & ANR.

1988 INSC 95Dismissed

The appellants filed a suit in a Subordinate Court seeking a declaration of ownership over 124 acres, asserting that the Gram Sabha had no interest. The trial court transferred the suit to the Assistant Collector under Section 13B of the Punjab Village Common Lands (Regulation) Act, 1961, on the …

UNION OF INDIA & ANR.versusL.K. AHUJA & CO.

1988 INSC 92Dismissed

The Union of India entered into four construction contracts with L.K. Ahuja & Co., which were completed and final bills were accepted. Later the respondent claimed a balance of Rs 1,91,137 and sought arbitration, but the government replied that no dispute existed. The respondent filed an application …

AWADHESH & ANR.versusSTATE OF MADHYA PRADESH

1988 INSC 91Appeal(s) allowed

The deceased Ram Pratap Singh was shot at an Octroi toll barrier; the State charged Awadhesh and Brajendra under IPC 302 read with 34 (and 307) based largely on the testimony of two eye‑witnesses, Rajendra Singh and Chhotey Bhaiya. The trial court found the eye‑witness accounts unreliable, noted …

INTERNATIONAL AIRPORT AUTHORITY OF INDIAversusK.D. BALI & ANOTHER

1988 INSC 89Dismissed

The International Airport Authority of India (IAAI) entered into a construction contract that contained an arbitration clause. When disputes arose, the Chief Engineer appointed K.D. Bali as sole arbitrator under the Arbitration Act, 1940. IAAI later challenged the arbitrator’s authority, alleging …

FOOD CORPORATION OF INDIA & ANR.versusGREAT EASTERN SHIPPING CO. LTD.

1988 INSC 88Dismissed

The Food Corporation of India entered into a charter‑party with Great Eastern Shipping for bulk cargo transport and later disputed demurrage and overtime charges. The contract required joint arbitration, each party appointing an arbitrator; the appellant’s arbitrator was instructed in writing to …

MAJOR (RETD.) INDER SINGH REKHIversusDELHI DEVELOPMENT AUTHORITY

1988 INSC 85Appeal(s) allowed

Major (Retd.) Inder Singh Rekhi constructed 240 Janta houses for the Delhi Development Authority, completing the work on 2 April 1980. After the work was finished, he repeatedly requested the Authority to finalise the bills, sending the first letter on 28 February 1983 and a final notice on 4 …

ASIAN PAINTS INDIA LTD.versusCOLLECTOR OF CENTRAL EXCISE

1988 INSC 83Dismissed

Asian Paints Ltd. manufactured a product called Decoplast and contested its classification under the Central Excise and Salt Act, 1944. The Revenue classified Decoplast as a plastic emulsion paint under Tariff Item 14(I)(3)(iv), which the appellant challenged, arguing that it was not recognized as …

MOHAN LALversusJAI BHAGWAN

1988 INSC 84Appeal(s) allowed

The appellant, Mohan Lal, leased a shop from the respondent, Jai Bhagwan, under a rent note that stipulated the premises be used for the "business of English Liquor Vend". After the liquor licence was not renewed in 1979, the tenant switched to selling general merchandise. The landlord filed an …

T.J. STEPHEN & ORS.versusPARLE BOTTLING CO. (P) LTD. & ORS.

1988 INSC 80Disposed off

The Deputy Chief Controller of Imports and Exports filed a complaint under Section 5 of the Imports and Exports (Control) Act, 1947 against Parle Bottling Co. Ltd. and its Managing Director, alleging contravention of licence conditions. The complaint was transferred to another magistrate court, …

UNION PUBLIC SERVICE COMMISSION ETC.versusHIRANYALAL DEV & ORS.

1988 INSC 81Appeal(s) allowed

Hiranyalal Dev, an Assam Police Service officer, was omitted from the 1983 select list for promotion to the Indian Police Service while two junior officers were selected. He challenged the decision, alleging that the Selection Committee had relied on adverse remarks in his Confidential Character …

BIGYAN KUMAR & ORS.versusUNION OF INDIA & ORS.

1988 INSC 78Disposed off

The Supreme Court had issued directions in Writ Petition (Civil) No. 591 of 1987 ordering the reinstatement and accommodation of petitioner No. 9 and other employees of the Pension Paying Office in Pokhara, Nepal. A contempt petition was filed alleging that the respondents, including the …

SMT. SOVA RAY & ANR.versusGOSTHA GOPAL DEY & ORS.

1988 INSC 79Appeal(s) allowed

The appellants, sisters Smt. Sova Ray and others, sued for partition of family property claiming a one‑third share. The trial court granted the share and the parties later settled on a compromise whereby the defendant, their uncle Gostha Gopal Dey, would acquire half of their share (one‑sixth of the …

MUNICIPAL CORPORATION OF GREATER BOMBAYversusNAGPAL PRINTING MILLS & ANR.

1988 INSC 77Dismissed

The Municipal Corporation of Greater Bombay fixed a water quota for Nagpal Printing Mills and, under Rule III(d)(i) of the 1976 Water Charges and Sewerage & Waste Removal Rules, billed the mill for a charge equal to one‑tenth of the quota when actual consumption fell short. The mill contested the …

R.L. GUPTA & ANR.versusUNION OF INDIA & ORS.

1988 INSC 76Case Allowed

Shri R.L. Gupta, a member of the Delhi Higher Judicial Service, was sent on deputation as Secretary to a Supreme Court‑led Commission of Inquiry in 1985. While on deputation, the Delhi High Court placed seventeen junior officers on probation, effectively superseding Gupta, and later placed Gupta …

USMANBHAI DAWOODBHAI MENON & ORS. ETC.versusSTATE OF GUJARAT

1988 INSC 74Case Partly allowed

The appellants, Usmanbhai Menon and others, were arrested after an armed clash and produced before a Designated Court under the Terrorist & Disruptive Activities (Prevention) Act, 1987 (TADA). Their bail applications were rejected by the Designated Court, and they sought bail from the Gujarat High …

UNION OF INDIA & ORS.versusE. BASHYAN

1988 INSC 72Disposed off

The Supreme Court examined whether a disciplinary authority must furnish the delinquent with a copy of the Enquiry Officer's report before recording a finding of guilt, as required by Article 311(2) of the Constitution and the principles of natural justice. The Court observed that the Enquiry …

ANDHRA PRADESH STATE ELECTRICITY BOARDversusUNION OF INDIA & ANR.

1988 INSC 73Dismissed

The Andhra Pradesh State Electricity Board was required under the Emergency Risks (Factories) Insurance Act, 1962 to insure its distribution and transmission lines against war‑risk damage. The Director of the Emergency Risks Insurance Scheme fixed a balance premium of Rs 47,59,109, which the Board …

G. RAMEGOWDA, MAJOR, ETC.versusSPECIAL LAND ACQUISITION OFFICER, BANGALORE.

1988 INSC 71Dismissed

The appellants challenged a Mysore High Court order that condoned substantial delays in filing appeals against land acquisition awards, invoking Section 5 of the Limitation Act, 1963. They argued that the delay, caused by negligence of Government Pleaders, could not be deemed "sufficient cause" and …

DR. SHIVARAO SHANTARAM WAGLE & ORS.versusUNION OF INDIA & ORS.

1988 INSC 66Dismissed

The petitioners sought a writ of mandamus to stop the release of 7,500 cartons of Irish butter imported for the Operation Flood programme, alleging that the butter was contaminated with radioactive fallout from the Chernobyl disaster. The Bombay High Court declined to issue such a writ, holding that …

DR. CHAKRADHAR PASWANversusSTATE OF BIHAR & ORS.

1988 INSC 67Dismissed

The State of Bihar created a Directorate of Indigenous Medicines with a Director and three Deputy Directors (Homeopathic, Unani, Ayurvedic). Using a 50‑point roster for reservation under Article 16(4) of the Constitution, the government reserved the sole vacancy of Deputy Director (Homeopathic) for …

CONTINENTAL CONSTRUCTION CO. LTD.versusSTATE OF MADHYA PRADESH

1988 INSC 63Dismissed

Continental Construction entered into a contract with the State of Madhya Pradesh for construction work and later claimed extra costs due to a rise in material and labour prices, alleging the State's delay in work allotment. The Superintending Engineer refused payment and declined to refer the …

RAKESH KUMAR & SHRI SHAKTI KUMARversusHINDUSTAN EVEREST TOOL LTD.

1988 INSC 64Appeal(s) allowed

The landlords, Rakesh Kumar and Shri Shakti Kumar, leased two shops to Hindustan Everest Tool Ltd. under a lease requiring rent in advance. The tenant fell into arrears for February, March and April 1982, prompting the landlords to serve a reminder notice on 8 March 1982 and a termination notice on …

BRIJ NANDAN KANSALversusSTATE OF U.P. & ANR.

1988 INSC 62Appeal(s) allowed

The appellant, a civil servant of Uttar Pradesh, was charged with misuse of travel allowance and his case was referred to the U.P. Administrative Tribunal. After an initial report finding several charges proved, the appellant submitted a reply to a show‑cause notice and the Tribunal re‑appraised the …

GENERAL OFFICER COMMANDING-IN-CHIEF & ANR.versusSUBHASH CHANDRA YADAV & ANR.

1988 INSC 60Dismissed

The respondent, Subhash Chandra Yadav, was appointed as Sub‑Charge of the Cantonment General Hospital, Lucknow, and later transferred to Varanasi under Rule 5‑C of the Cantonment Funds Servants Rules, 1937. He challenged the transfer, arguing that Rule 5‑C, which permits inter‑Board transfers, …

V REVATHIversusUNION OF INDIA & ORS.

1988 INSC 61Dismissed

The petitioner, a wife, filed a writ under Article 32 challenging the constitutional validity of Sections 198(1) and 198(2) of the Criminal Procedure Code, arguing that the provision allowing only the husband of an adulteress to file a complaint under Section 497 of the IPC discriminates against …

ROSHAN SINGH & ORS.versusZILE SINGH & ORS.

1988 INSC 54Dismissed

The case involved descendants of a common ancestor who had partitioned their agricultural land in 1955 and later their residential properties. A memorandum of partition (Exh. P‑12) dated 3 August 1955, later confirmed by a settlement (Exh. P‑1) on 31 January 1971, listed the properties allotted to …

K.V. SUBBA RAO & ORS. ETC.versusGOVERNMENT OF ANDHRA PRADESH & ORS.

1988 INSC 55Dismissed

The Andhra Pradesh Revenue Subordinate Service Rules, 1961 provided for appointment of Deputy Tehsildars by direct recruitment or transfer, with seniority to be determined under Rule 33(a) of the General Rules. Direct‑recruit Deputy Tehsildars challenged the seniority accorded to them over promotee …

HARE KRISHNA SINGH & ORS. ETC.versusSTATE OF BIHAR

1988 INSC 53Case Allowed

The case involved a murder at Sadar Hospital where Hare Krishna Singh and six others were alleged to have fired upon the deceased Jitendra Choudhary, resulting in his death. The appellants challenged their convictions on several grounds, including the prosecution’s failure to explain injuries …

K. SIVA REDDY & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 56Disposed off

The petitioners, directly recruited Assistant Engineers, challenged the Chief Engineer's order that retrospectively regularised the temporary service of promotees from 1972‑75 to the Assistant Engineer cadre, alleging it violated the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, …

DESOOLA RAMA RAO & ANR.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 57Dismissed

The appellants, directly recruited Assistant Engineers in 1966, claimed promotion to Executive Engineer on the basis that they were senior to promotee Assistant Engineers (respondents 3 and 4) who had been temporarily appointed in 1959‑1960 and regularised in 1961 under Rule 23(a) of the Andhra …

STATE OF MAHARASHTRAversusM.H. MAZUMDAR

1988 INSC 52Appeal(s) allowed

M.H. Mazumdar retired as a Supply Inspector of the State of Maharashtra and, after retirement, was served with a charge‑sheet alleging misconduct and negligence during his service. An enquiry was held, he was given a chance to defend himself, and the Collector found one charge proved and another …

SPACO CARBURETTORS (INDIA) LTD.versusCOLLECTOR OF CUSTOMS, BOMBAY

1988 INSC 58Appeal(s) allowed

Spaco Carburetiors (India) Ltd imported a special purpose complex machine used to plug holes in carburetor bodies with lead shots. The Revenue classified it under entry 84.59 of the Customs Tariff (residuary entry) attracting 60% duty, while the importer argued it fell under entry 84.45/48 (machine …

VIJAY KUMARversusUNION OF INDIA & ORS.

1988 INSC 59Dismissed

The appellant Vijay Kumar was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after the Directorate of Revenue Intelligence seized smuggled gold biscuits linked to him. He was already in custody on a charge under section 135 of the …

TEJINDER KAURversusGURMIT SINGH

1988 INSC 51Directions issued

The wife obtained a decree of dissolution of marriage on grounds of cruelty and appealed the decree, which was dismissed by the High Court on 16 July 1986. The husband subsequently contracted a second marriage on 17 August 1986, and the wife filed a Special Leave Petition (SLP) under Article 136 of …

DHARMA SHAMRAO AGALAWEversusPANDURANG MIRAGU AGALAWE & ORS.

1988 INSC 49Dismissed

The case involved Dharma Agalaw, the sole surviving coparcener of a Hindu joint family, whose brother Miragu had died leaving a widow Champabai. After the Hindu Adoptions and Maintenance Act, 1956 came into force, the widow adopted Pandurang, who then claimed a one‑half share in the joint family …

HIRALAL KAPURversusPRABHU CHOUDHURY

1988 INSC 48Appeal(s) allowed

The landlord, an advocate, orally let a part of his residential premises comprising servants' quarters and a ground‑floor hall to the tenant for Rs 600 per month, with rent thereafter paid by two cheques—Rs 250 by the tenant and Rs 350 by a trust (Balkunj) of which the tenant was secretary. The …

STATE OF GUJARATversusJAT LAXMANJI TALASJI

1988 INSC 47Dismissed

The State of Gujarat appealed against a High Court order that had allowed J.L. Talasji, a landholder, to claim the benefit of Section 6(3B) of the Gujarat Agricultural Land Ceiling Act, 1960. The issue was whether Talasji's family, consisting of himself, his mother, wife, three minor sons and three …

UPADHYAYA HARGOVIND DEVSHANKERversusDHIRENDRASINH VIRBHADRASINHJI SOLANKI & OTHERS

1988 INSC 46Appeal(s) allowed

The case concerned an election petition filed under the Representation of the People Act, 1951, where a Single Judge of the Gujarat High Court declined to order production of election records. The petitioner appealed the interlocutory order to a Division Bench of the same High Court under clause 15 …

RAMESH S/O CHOTALAL DALALversusUNION OF INDIA & ORS.

1988 INSC 44Dismissed

The petitioners sought a writ of prohibition to stop the further telecast of the TV serial "Tamas", alleging that its content would incite communal violence and violate Articles 21 and 25 of the Constitution as well as Section 5B of the Cinematograph Act, 1952 and IPC sections 153A/153B. The serial, …

ADMINISTRATOR GENERAL OF WEST BENGALversusCOLLECTOR, VARANASI

1988 INSC 45Appeal(s) allowed

The Administrator General of West Bengal appealed the award of compensation for the acquisition of the Gopal Lal Villa estate in Varanasi. The Land Acquisition Officer had valued the land at Rs.200 per decimal, the building at Rs.57,660 and the tree growth at Rs.355.85. The appellant sought higher …

DOYPACK SYSTEMS PVT. LTD. ETC.versusUNION OF INDIA & ORS., ETC.

1988 INSC 42Disposed off

The Supreme Court considered multiple suits and special leave petitions concerning whether 10,00,000 shares in Swadeshi Polytex Ltd. and 17,18,344 shares in Swadeshi Mining & Manufacturing Ltd., held by Swadeshi Cotton Mills, along with certain immovable properties in Kanpur, vested in the Central …

STATE OF PUNJABversusRAJ KUMAR

1988 INSC 40Appeal(s) allowed

The respondent, an Assistant Sub‑Inspector, was caught taking a bribe and was investigated and charge‑sheeted in a criminal trial. He challenged the framing of charges on the ground that the investigation violated Rule 16.38 of the Punjab Police Rules. The High Court held the rule to be mandatory …

CHARITY COMMISSIONER, MAHARASHTRA.versusNIRANJAN & ORS.

1988 INSC 41Disposed off

The Bombay High Court Division Bench criticised the Deputy Charity Commissioner’s conduct and competence while discharging quasi‑judicial functions under the Bombay Public Trusts Act, prompting the Charity Commissioner to seek special leave before the Supreme Court. The Supreme Court held that the …

VIDYA PRAKASHversusUNION OF INDIA & ORS.

1988 INSC 39Dismissed

Vidya Prakash, a soldier in the Indian Army, was dismissed after being found guilty of being absent without leave by a summary court‑martial convened by his corps Commanding Officer, Major P.S. Mahant. He challenged the dismissal, contending that the Commanding Officer was not competent to preside …

NATIONAL INSURANCE CO. LTD., NEW DELHIversusJUGAL KISHORE & OTHERS

1988 INSC 37Appeal(s) allowed

Jugal Kishore was injured in a collision between his three‑wheeler and a bus owned by Delhi Janata Co‑operative Transport Society and insured by National Insurance Co. The Motor Accident Claims Tribunal awarded Rs 10,000, which the Delhi High Court enhanced to Rs 1,00,000. The insurer appealed, …

S.N. RAO & ORS. ETC.versusSTATE OF MAHARASHTRA

1988 INSC 38Dismissed

The case concerned a parcel of land in Bandra, Bombay, originally shown as residential in the 1966 development plan, for which a developer sought permission to build a five‑star hotel. The Municipal Commissioner rejected the plan, citing a pending revision of the development plan that would earmark …

KANTA RANI © KANTI DEVI & ANR.versusRAMA RANI

1988 INSC 34Appeal(s) allowed

The plaintiff tenant Kishan Chand claimed a customary right of pre-emption over a portion of a building that had been sold to the respondent. He filed a suit for pre-emption, but died during the proceedings. His legal representatives applied under Order 22 Rule 3 of the CPC to be substituted as …

STATE OF GUJARATversusSUNIL FULCHAND SHAH & ANOTHER

1988 INSC 35Appeal(s) allowed

The State of Gujarat detained Sunil Fulchand Shah under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on grounds that linked him to a large smuggling operation. Co‑accused filed bail applications on 2 Oct 1984 and a retraction petition on 3 Oct …

JETHA BAI & SONS, JEW TOWN, COCHIN, ETC. ETC.versusSUNDERDAS RATHENAI, ETC. ETC .

1988 INSC 33Disposed off

The Supreme Court examined whether a further revision by a High Court under Section 115 of the Code of Civil Procedure is permissible against a District Court's revisional order made under Section 20 of the Kerala Buildings (Lease & Rent) Control Act, 1965. Earlier decisions – Aundal Ammal v. …

NAGAR MAHAPALIKA BAREILLYversusSTATE OF U.P. & OTHERS

1988 INSC 32Dismissed

The Nagar Mahapalika, Bareilly imposed octroi duty on country spirit supplied from a bonded warehouse at a rate of Re 1 per litre, classifying it under Class VI of a 1986 notification as "foreign imported liquor and all kinds of wines made in India." The respondents, licensed retailers of country …

DR. D.N. MALHOTRAversusKARTAR SINGH

1988 INSC 29Appeal(s) allowed

The landlord, a retired government servant, filed an eviction petition under Section 13‑A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, claiming the premises for his own residence. The tenant argued that the landlord was not a "specified landlord" within the meaning of Section …

DARSHAN SINGH &. ANOTHERversusSTATE OF PUNJAB

1988 INSC 28Case Partly allowed

The appellants, Darshan Singh and Buggar Singh, were convicted of murdering Mukand Singh, his wife Pritam Kaur and daughter Harbans Kaur. The prosecution alleged a property‑dispute motive, asserting that the accused sought to eliminate heirs to a share of agricultural land. The defence challenged …

MOHD. RAMZAN SHAH & ORS.versusSTATE OF JAMMU & KASHMIR & ORS.

1988 INSC 30Appeal(s) allowed

The appellants purchased land that had been leased to former Prime Minister Dewan Bishen Dass as a Wasidari lease under Ailan No. 10 and the Jammu & Kashmir Land Grants Act, 1960. The sale to the appellants in 1967 was made by the legal heirs without the required government permission, violating …

BAKULBHAI AND ANR.versusGANGARAM & ANR.

1988 INSC 22Appeal(s) allowed

Bakulabai filed a Section 125 CrPC application for maintenance for herself and her son, claiming a lawful marriage with Ganga Ram, who denied the marriage and alleged prior existing marriages. The Judicial Magistrate granted maintenance, but the Sessions Judge reversed the decision; the High Court …

JAGTAR SINGHversusSTATE OF PUNJAB & ORS.

1988 INSC 23Appeal(s) allowed

The deceased Kamail Singh was attacked by his neighbour Paul Singh, who struck him repeatedly on the head with the handle of a tractor, causing his death. Two eyewitnesses, Jagtar Singh and Kuldip Singh, were present and identified the accused, and the tractor handle recovered from the scene was …

ASHOK KUMARversusUNION OF INDIA & ORS.

1988 INSC 24Appeal(s) allowed

Ashok Kumar was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on allegations of illegal foreign‑currency and gold transactions. The grounds of detention were served on 21 March 1987, but the material documents on which the …

SMT. YAMUNABAI ANANTRAO ADHAVversusANANTRAO SHIVRAM ADHAV AND ANOTHER

1988 INSC 25Dismissed

Smt. Yamunabai married Anantrao Shivram Adhav in June 1974 while he already had a living wife. The marriage, performed under Hindu rites, was challenged for maintenance under Section 125 of the Criminal Procedure Code. The trial court and the Bombay High Court dismissed her claim. The Supreme Court …

STATE OF WEST BENGAL AND OTHERSversusASHIT NATH DAS AND OTHERS

1988 INSC 26Appeal(s) allowed

The case arose from suo moto proceedings initiated by a revenue officer under Section 44(2a) of the West Bengal Estates Acquisition Act, 1953, which were reopened after a High Court order in 1982. Ashit Nath Das appealed the final order before the 9th Additional District Judge and, after obtaining …

UNION OF INDIA & ANR.versusM.T.S.S.D. WORKERS UNION & ORS.

1988 INSC 27Dismissed

The Union of India appealed a Bombay High Court judgment that had quashed an order dividing electoral constituencies for the election of a Works Committee under the Industrial Disputes (Central) Rules, 1957. The order sought to create multiple constituencies to represent various sections of workers, …

S.T. MUTHUSAMIversusK. NATARAJAN & ORS.

1988 INSC 20Appeal(s) allowed

The case concerned an election for Chairman of a Panchayat Union in Tamil Nadu where two candidates claimed to be the official Indian National Congress (I) nominee. The Returning Officer first allotted unreserved symbols, but after a letter from the party president clarified the appellant as the …

RAMGIR UTTAMGIR GOSWAMIversusSTATE OF GUJARAT & ANR.

1988 INSC 21Dismissed

The appellant owned land on the banks of the Tapti River that the State of Gujarat sought to acquire under the Land Acquisition Act, 1894 for extending the village of Bhairav to house twelve families displaced by floods. After objections were filed, a preliminary notification under s.4 and a final …

AMRIT LAL CHUMversusDEVOPRASAD DUTTA ROY AND ANR. ETC.

1988 INSC 18Appeal(s) allowed

The case concerned a company‑allotted flat that a former officer continued to occupy after retirement. The company sought prosecution under Section 630 of the Companies Act, 1956, which penalises officers or employees who wrongfully retain company property. The Supreme Court examined whether the …

ANAND KUMARversusSRI KATTALI BHASKARAN & ORS.

1988 INSC 15Dismissed

Anand Kumar filed Special Leave Petitions challenging the method by which the age of the Chief Justice of the Andhra Pradesh High Court, K. Bhaskaran, was determined. The petitioners sought a writ of mandamus to compel the President of India to decide the matter, arguing that the Council of …

NAT STEEL EQUIPMENT PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE

1988 INSC 17Dismissed

Nat Steel Equipment Pvt. Ltd., a manufacturer of heavy‑duty hospital and industrial canteen appliances, classified fourteen items under Tariff Item No. 68 of the Central Excise and Salt Act, 1944. The Assistant Collector re‑classified items 2‑14 under Tariff Item No. 33C, invoking Explanation‑I and …

UNION OF INDIAversusALL INDIA SERVICES PENSIONERS ASSOCIATION & ANR.

1988 INSC 13Appeal(s) allowed

The Union of India appealed a Central Administrative Tribunal order that had directed all members of the All India Services, even those who retired before 1 January 1973, to receive gratuity under Government Notification No. 33/12/73‑AIS (ii) dated 24 January 1975. The Supreme Court examined whether …

GOVERNING BODY OF DAYANAND ANGLO VEDIC COLLEGEversusPADMANABHA PADHY & ORS.

1988 INSC 14Appeal(s) allowed

Padmanabha Padhy was appointed as a lecturer in D.A.V. College on 26 July 1971 on probation and was terminated by a letter dated 28 March 1972 effective 30 April 1972. He filed a writ petition under Article 226 challenging the termination, contending that only the Governing Body, not the Principal, …

M.VEERAPPAversusEVELYN SEQUEIRA & ORS.

1988 INSC 8Dismissed

The plaintiff, a tenant, engaged an advocate to file a Special Leave Petition in the Supreme Court against an eviction order. The petition was dismissed as withdrawn, and the plaintiff sued the advocate for negligence and misconduct, claiming damages. The plaintiff died during the suit, and his …

SUSHIL KUMAR & ANR.versusRAM PRAKASH & ORS.

1988 INSC 9Dismissed

Ram Prakash, the Karta of a Mitakshara joint Hindu family, executed an agreement to sell a house described as self‑acquired to Jai Bhagwan but later refused to execute the sale deed. Jai Bhagwan sued for specific performance; the sons of Ram Prakash, claiming the house to be coparcenary property, …

CHERN TAONG SHANG & ANR., ETC., ETC.versusCOMMANDER S.D. BAIJAL & ORS.

1988 INSC 10Dismissed

Two foreign trawlers chartered by an Indian company were seized for fishing in India's exclusive economic zone in violation of a permit that required fishing at depths greater than 40 fathoms. The masters were convicted and fined, while the charterer company and its managing director were initially …

S. APPUKUTTANversusTHUNDIYIL JANAKI AMMA & ANR.

1988 INSC 11Dismissed

The Supreme Court examined whether Explanation II‑A to clause (25) of Section 2 of the Kerala Land Reforms Act, 1964 (as amended by Act 17 of 1972) confers Kudikidappu rights on any person who occupied a homestead or hut between 16 August 1968 and 31 January 1970, irrespective of proof of initial …

SATYA NARAIN PANDEYversusSTATE OF U.P. & OTHERS

1988 INSC 12Dismissed

The landlords of Prem Talkies obtained vacant possession of the building in 1984 and later intended to let it out as a fully equipped cinema theatre to the Mehrotras. The appellant, Satya Narain Pandey, applied for allotment of the building under the U.P. Urban Buildings (Regulation of Letting, Rent …

M.C. MEHTAversusUNION OF INDIA & ORS.

1988 INSC 3Disposed off

The Supreme Court entertained a public interest litigation filed by M.C. Mehta seeking relief from the severe pollution of the River Ganga at Kanpur, where 274.5 million litres of untreated sewage were being discharged daily. The petition raised the question of whether a non‑riparian citizen could …

INDIAN CEMENT AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1988 INSC 5Case Allowed

The petitioners, cement manufacturers and their stockists, challenged three tax notifications—two by Andhra Pradesh (under its General Sales Tax Act and the Central Sales Tax Act) and one by Karnataka—reducing the sales tax rate on cement. They argued that the notifications created discriminatory …

SMT. SHASHI AGARWALversusSTATE OF U.P. & ORS.

1988 INSC 6Case Allowed

Arun Aggarwal, already in jail for five non‑bailable offences, was detained under Section 3 of the National Security Act, 1980 on August 3, 1987. The detention order, approved under Section 12(1) after an Advisory Board opinion, was based solely on the fact that he was seeking bail and there was a …

CHANDAN & OM PRAKASHversusSTATE OF RAJASTHAN

1988 INSC 7Appeal(s) allowed

The case involved the murder of Smt. Dhaka, a widow, for which five persons were tried. One accused, Mam Chand, turned approver, and the prosecution relied solely on his testimony and on the recovery of articles, with no direct evidence linking the accused to the crime. The trial court convicted all …

SUBHASH CHANDversusSTATE OF HARYANA AND ORS.

1988 INSC 2Dismissed

Subhash Chand, an adolescent convicted of murder under IPC s.302 and sentenced to life imprisonment, filed a writ petition under Article 32 seeking detention under the Punjab Borstal Act, 1926, relying on Hava Singh v. State of Haryana. The State opposed, arguing that the Act does not apply to …

MINERVA TALKIES, BANGALORE & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.

1988 INSC 1Dismissed

The Supreme Court examined whether Karnataka's Rule 41-A, limiting cinema owners to four daily shows, was within the rule‑making power granted by Section 19 of the Karnataka Cinemas (Regulations) Act, 1964, and whether it violated the right to carry on business under Article 19(1)(g) of the …

SALONAH TEA COMPANYversusSUPERINTENDENT OF TAXES NOWGONG & ORS. ETC.

1987 INSC 383Appeal(s) allowed

Salonah Tea Co. paid taxes under assessment orders issued under the Assam Taxation (On Goods Carried by Road or Inland Waterways) Act, 1961. The assessments were later declared ultra vires and the tax was held to have been collected without legal authority. The company filed writ petitions under …

SMT. BEENA TIWARI & ANR. ETC.versusSTATE OF MADHYA PRADESH & ANR. ETC.

1987 INSC 384Disposed off

The appellants, appointed as Civil Judges on temporary and officiating basis, were not confirmed after their probationary periods and were terminated under Rule 12 of the Madhya Pradesh Government Servants (Temporary and Quasi‑Permanent) Rules, 1960. They contended that Rule 3‑A, which deems a …

MUKESH KUMAR AGGARWAL & ORS.versusSTATE OF MADHYA PRADESH & ORS.

1987 INSC 385Appeal(s) allowed

The Supreme Court examined whether stacks of eucalyptus wood sold by the Madhya Pradesh Forest Department, after removal of poles and ballies, qualified as "Timber" under entry 32A of the Madhya Pradesh General Sales Tax Act, 1958, thereby attracting a 16% sales tax, or as "fire‑wood" under entry …

BABURAO ALIAS P.B. SAMANTversusUNION OF INDIA AND ORS.

1987 INSC 381Dismissed

The petitioner, an income‑tax assessee, challenged the validity of the 1971 and 1975 Proclamations of Emergency, the House of the People (Extension of Duration) Act, 1976 and the Finance Act, 1976, arguing that the proclamations were ultra vires or had ceased to operate because the parliamentary …

NIRMAL KUMAR CHOUDHARY & ORS. ETC.versusSTATE OF BIHAR AND ORS., ETC.

1987 INSC 379Appeal(s) allowed

The case concerned the amalgamation of three separate engineering wings—Irrigation, Minor Irrigation and River Valley Projects—within the Bihar Department of Agriculture and the preparation of a combined gradation list. The State had merged the Irrigation and River Valley cadres in 1969 and later …

RAM SEWAKversusMUNNA LAL

1987 INSC 380Dismissed

Ram Sewak, a tenant, was sued for eviction by his landlord Munna Lal under Section 3(1)(a) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 for non‑payment of rent for more than three months. The tenant claimed that he had tendered the rent, which the landlord refused to …

DEWAN JOYNAL ABEDINversusABDUL WAZED ALIAS ABDUL WAZAD MIAH AND TWO OTHERS.

1987 INSC 376Dismissed

In the Assam Legislative Assembly election, Abdul Wazed's nomination was rejected on the ground that he was under 25 years of age and allegedly disqualified under Section 9‑A of the Representation of the People Act, 1951 because he held a lease of ferry tolls under the Northern India Ferries Act, …

COMMISSIONER OF INCOME TAX,versusVIKRAM COTTON MILLS LTD.

1987 INSC 377Dismissed

Vikram Cotton Mills Ltd., a textile manufacturer, incurred heavy losses and ceased production in 1953. In 1956, under a court‑approved scheme, its plant and machinery were leased to General Fibres Dealers for Rs 2.5 lakh per year for ten years (renewable) to generate income for creditors and enable …

GURPREET SINGHversusCHATUR BHUJ GOEL

1987 INSC 378Dismissed

The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the …

J.L. NANDAversusSMT. VEENA NANDA

1987 INSC 373Dismissed

The husband filed a petition for divorce on the grounds of cruelty and desertion, alleging that his wife's continual quarrels and behavior forced him to live separately and caused a nervous breakdown requiring hospitalization. The trial court granted the divorce, but the High Court reversed the …

A.N. SHASHTRIversusSTATE OF PUNJAB & ORS.

1987 INSC 375Appeal(s) allowed

A.N. Shastri, a professor in Ayurvedic medicine, was promoted to Director of Ayurved under the Punjab Ayurvedic Department Rules, 1963. Former students filed a writ of quo warranto alleging that he lacked the required five‑year regular course degree for the post. The Punjab and Haryana High Court …

TEKRAJ VASANDI ALIAS K.L. BASANDHIversusUNION OF INDIA & OTHERS

1987 INSC 369Disposed off

The appellant, an employee of the Institute of Constitutional and Parliamentary Studies (ICPS), was dismissed in a disciplinary proceeding and challenged the order before the High Court, which held that ICPS was not a "State" within Article 12 and thus not amenable to writ jurisdiction. The Supreme …

SRI K. PRASAD & ORS.versusUNION OF INDIA & ORS.

1987 INSC 370Case Partly allowed

The case concerned seniority disputes between initial recruits (direct recruits under rule 4(2)) and officers recruited later through the Special Selection Board (SSB) under the initial recruitment provisions of the IFS Recruitment Rules. The Court examined whether the SSB must consider all eligible …

FOOD CORPORATION OF INDIAversusSURENDRA, DEVENDRA & MOHENDRA TRANSPORT CO.

1987 INSC 371Disposed off

The Food Corporation of India (appellant) hired Sureendra, Devendra & Mohendra Transport Co. (respondent) as a transport contractor under three written agreements. Disputes over demurrage, wharfage and shortage charges were referred to an arbitrator pursuant to an arbitration clause. The arbitrator …

SANJA Y SURI & ANR.versusDELHI ADMINISTRATION, DELHI & ANR.

1987 INSC 367Disposed off

The Supreme Court entertained public‑interest writ petitions filed by a news editor and a trainee sub‑editor concerning mal‑administration in Tihar Central Jail, especially the treatment of juvenile under‑trials. The Court, after ordering a District Judge’s inquiry, found that juveniles were being …

AARTI GUPTA AND ORS.versusSTATE OF PUNJAB AND ORS.

1987 INSC 366Dismissed

The Punjab Government, invoking a need to fill 100 seats reserved for Scheduled Castes and Scheduled Tribes in MBBS/BDS courses, lowered the minimum qualifying marks for these categories from the 40% prescribed by the Indian Medical Council (MCI) Regulation II to 35% and later to 25% for the 1987 …

SMT. JAHEJO DEVI & ORS.versusMOHARAM ALI

1987 INSC 368Appeal(s) allowed

The appellants, landlords residing in Meghalaya, filed a suit to evict the respondent tenant from a shop in Arrah, Bihar, on grounds of rent default and bona fide need under s.12(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977. The trial court and the first appellate court …

SUSHIL KUMAR AND ORS.versusSTATE OF HARYANA AND ORS.

1987 INSC 364Dismissed

Sushil Kumar filed a civil suit and obtained a temporary injunction based on a copy of a partnership deed. The respondent alleged the deed was forged and lodged a police report, leading the magistrate to frame charges under IPC sections 465, 468, 120B and 420 but not under 471 and 474, citing …

G.C. GUPTA & ORS.versusN.K. PANDEY & ORS.

1987 INSC 365Appeal(s) allowed

The case concerned the seniority of temporary Assistant Engineers in the United Provinces Service of Engineers (Buildings and Roads Branch) Class II. The petitioners, appointed temporarily between 1947‑1950 and later confirmed, claimed that their seniority should be measured from the date they …

DELHI MUNICIPAL KARAMCHARI EKTA UNION (REGD.)versusP.L. SINGH & ORS.

1987 INSC 362Appeal(s) allowed

The Delhi Municipal Corporation employed certain vaccinators/immunisers on a daily‑wage basis for more than eight years while regular employees performing the same duties received higher salaries. The daily‑rated workers sought regularisation and payment at the minimum rate of the regular pay‑scale, …

STATE OF ORLSSA AND ANR.versusALEKH CHANDRA JENA

1987 INSC 363Appeal(s) allowed

A.C. Jena, the Sarpanch of Padanipal Gram Panchayat in Orissa, was suspended and later removed from office under Section 115 of the Orissa Gram Panchayat Act, 1964, after a report by the Sub‑Divisional Officer and a notice giving him a chance to show cause. The Collector’s suspension order expressly …

STATE OF ORISSA AND OTHERSversusCONSTRUCTION INDIA

1987 INSC 358Dismissed

The State of Orissa entered into a contract with Construction India in 1970‑71. An arbitrator appointed by the court awarded relief in 1982, including interest calculated from the date of reference to the arbitrator up to the date of the award. The award was challenged on the ground that it was …

FERTILIZER CORPORATION OF INDIA LTD.versusSTATE OF BIHAR

1987 INSC 359Appeal(s) allowed

Fertilizer Corporation of India Ltd filed its quarterly sales‑tax returns a few days late without seeking a formal extension, but it paid the tax before the due dates and claimed the 1% rebate under section 15 of the Bihar Sales Tax Act, 1959. The Tribunal and the High Court held that because the …

PARADISE PRINTERS AND ORS.versusUNION TERRITORY OF CHANDIGARH AND ORS.

1987 INSC 360Dismissed

The Chandigarh administration sought to relocate scattered printing presses to an industrial area, initially earmarking 43 larger sites in Phase‑II and inviting applications with a 10% earnest money deposit. After lots were drawn in 1977 awarding sites to the appellants, the administration abandoned …

BRIJENDRA NATH BHARGAVA & ANR.versusHARSH WARDHAN & ORS.

1987 INSC 356Appeal(s) allowed

The tenants appealed an eviction order that was based on an alleged material alteration – the construction of a wooden balcony (Dochhatti) – without the landlord's permission under Section 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court and the Rajasthan …

RAM KUMAR & ORS.versusUNION OF INDIA & ORS.

1987 INSC 357Disposed off

The petitioners, casual labourers employed for 10-16 years in the Northern Railway's construction department, filed writ petitions alleging they were denied temporary status, equal pay, and regularisation despite continuous service. The respondents contended that some petitioners had already been …