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Judgments of 1989

397 judgments · newest first · showing 1–200

LAXMI NARAYAN NAYAKversusRAMRATAN CHATURVEDI AND ORS.

1989 INSC 397Dismissed

In the 1985 Madhya Pradesh Vidhan Sabha election for the Niwadi constituency, respondent No.1 Ramratan Chaturvedi was declared elected. The appellant, Lakshmi Narayan Nayak, filed an election petition alleging corrupt practices under Sections 123(2), (3) and (3A) of the Representation of the People …

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

1989 INSC 395Disposed off

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

VIMLA BAI (DEAD) BY LRS.versusHIRALAL GUPTA AND ORS.

1989 INSC 398Appeal(s) allowed

The plaintiff, Bhikubai, claimed possession of a house inherited from her brother Rakhmaji, asserting that under the Bombay School of Hindu law a female bandhu is an heir. The respondents argued that the family, having migrated from Mathura, was governed by the Banaras School where a female bandhu …

FRICK INDIA LTD.versusUNION OF INDIA AND OTHERS

1989 INSC 394Dismissed

Frick India Ltd., a licensed manufacturer of air‑conditioning and refrigeration equipment, cleared cooling coils, condensers and compressors for cold‑storage and ice‑factory plants and paid excise duty under Tariff Item 29A(3). The company claimed a refund, arguing that these parts were not …

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

1989 INSC 393Disposed off

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

TRIDESHWAR DAYAL AND ANR.versusMAHESHWAR DAYAL AND ORS.

1989 INSC 390Disposed off

A family dispute led to an arbitration award in 1973, which was filed before a civil court for making it a rule of court. The court ordered impounding of the award in 1976, a decision confirmed by the High Court in 1981 and upheld by the Supreme Court in 1983. Respondent No.1 later approached the …

SUBHASH CHANDRAversusMOHAMMAD SHARIT AND ORS.

1989 INSC 391Dismissed

The appellant, Subhash Chandra, inherited a tenancy originally created by a lease deed (Ext. P.20) between Navinchand and his father Misri Lal. Navinchand later sold the property to the respondents, who terminated the tenancy and sued for eviction. The appellant defended by claiming that the …

WORLD WIDE AGENCIES PVT. LTD. AND ANR .versusMRS. MARGARAT T. DESOR AND ORS.

1989 INSC 392Dismissed

World Wide Agencies Pvt. Ltd. and its director Mrs. Amrit Kaur Singh appealed against a Delhi High Court order that allowed the widow and children of the deceased shareholder S.K. Desor to file a petition under Sections 397 and 398 of the Companies Act, 1956 (and alternatively for winding up). The …

BHAGWATI PRASAD AND ORS.versusDELHI STATE MINERAL DEVELOPMENT CORPORATION

1989 INSC 388Case Allowed

The petitioners, daily‑rated workers of the Delhi State Mineral Development Corporation appointed between 1983 and 1986, filed writ petitions under Article 32 seeking regularisation, equal pay with regular employees, and promotion. The Industrial Tribunal, after hearing both sides, held that the …

MOHD. ZAINULABUDEEN (SINCE DECEASED) BY L.RS.versusSAYED AHMED MOHINDEEN AND ORS.

1989 INSC 389Disposed off

Mohd. Zainulabdeen and Yasin Bi sued for a declaration that they were entitled to manage the Saint Syed Moosa Shah Khadiri Dargah for 27 days a year, claiming the right through their mother Fathima Bee, a co‑sharer under Muslim law. The trial court granted the relief, but the Madras High Court …

STATE OF HARYANAversusPREM CHAND AND ORS.

1989 INSC 387Dismissed

The State of Haryana sought review of a Supreme Court judgment that confirmed the conviction of Prem Chand and others for rape under IPC Section 376 but reduced their sentences from ten to five years by invoking the proviso to Section 376(2) on the basis of the victim's conduct. The Court examined …

GAJANAN JAIKISHAN JOSHIversusPRABHAKAR MOHANLAL KALWAR

1989 INSC 383Appeal(s) allowed

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

KAYASTHA PATHSHALA, ALLAHABAD AND ANR. ETC. ETC.versusRAJENDRA PRASAD AND ANR.

1989 INSC 381Appeal(s) allowed

The respondent, Rajendra Prasad, was appointed as a chemistry lecturer in 1962 at Kulbhaskar Ashram Agriculture Intermediate College run by Kayastha Pathshala Society. After a series of suspensions and litigations spanning over 25 years, the Allahabad High Court ordered his reinstatement and payment …

DULI CHAND (DEAD) BY L.RS.versusJAGMENDER DASS

1989 INSC 382Dismissed

The landlord sought eviction of tenant Duli Chand under Section 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had sub-let the shop to M/s Hira Lal Sri Bhagwan after June 9, 1952 without the landlord's written consent. The tenant contended that no sub‑letting occurred, that …

ESS DEE CARPET ENTERPRISESversusUNION OF INDIA AND ORS.

1989 INSC 376Dismissed

Ess Dee Carpet Enterprises, a partnership engaged in manufacturing and selling carpets in Rajasthan, challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that carpets were not "textiles" under Schedule I of the Act. The Regional …

SRI DOKI CHINA GURUVULU SON & CO. AND ANR.versusGOVT. OF ANDHRA PRADESH AND ANR.

1989 INSC 377Dismissed

The appellants, dealers in tamarind in Andhra Pradesh, purchased tamarind from Orissa, paying tax there, and brought it into the state for sale. An amendment to the Andhra Pradesh General Sales Tax Act, 1957 (Act 19 of 1986) moved tamarind bought outside the state to the First Schedule, taxing it at …

COLLECTOR OF CENTRAL EXCISE, CHANDIGARHversusDECENT DYEING CO.

1989 INSC 378Dismissed

The Collector of Central Excise appealed against a Tribunal order that held Decent Dyeing Co. not liable for the differential excise duty on base acrylic yarn used for texturising. The dyeing company paid duty at Rs 10 per kg under Notification No. 125/75‑CE, assuming the base yarn’s duty had …

STATE OF MADHYA PRADESH AND ORS.versusORIENT PAPER MILLS LTD.

1989 INSC 379Dismissed

The State of Madhya Pradesh, in its 1961 industrial policy, promised a five‑year exemption from electricity duty to industrialists who generated power themselves using new generating sets installed during the Third Plan. Orient Paper Mills Ltd. indicated in 1955 that it would need 5,000 kW and …

P. MAHENDRANversusSTATE OF KARNATAKA

1989 INSC 373Appeal(s) allowed

The Karnataka Public Service Commission advertised for Motor Vehicle Inspectors in 1983, requiring a diploma in Automobile or Mechanical Engineering, and began the selection process in 1984. Due to High Court interim orders, the final select list was only prepared on 2 June 1987 and published on 23 …

MUNICIPAL BOARD, BAREILLYversusBHARAT OIL COMPANY AND ORS.

1989 INSC 372Appeal(s) allowed

The Municipal Board of Bareilly imposed octroi on mineral oils in 1969, invoking rules framed in 1963 that removed the earlier exemption. Bharat Oil Company challenged the levy, arguing that Rule 131 of the 1925 Octroi Rules, which exempted mineral oil, still barred the Board. The Supreme Court …

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

1989 INSC 370Appeal(s) allowed

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

DUNLOP INDIA LTD.versusUNION OF INDIA AND ORS.

1989 INSC 371Appeal(s) allowed

Dunlop India Ltd manufactured cushion repair compound, tread repair compound and cover compound, which it asserted were used solely for repairing tyres and conveyor belts and therefore entitled to exemption from excise duty under Notification No. 71 of 1968. The Superintendent of Central Excise and …

UNION OF INDIA AND ORSversusFILIP TIAGO DE GAMA OF VEDEM VASCO DE GAMA

1989 INSC 368Case Partly allowed

The Union of India sought to acquire land belonging to Filip Tiago de Gama for a naval air station. The Collector awarded compensation at 40 paise per square metre with a 15% solatium; the District Judge later increased compensation to Rs.3 per square metre and retained the 15% solatium. On appeal, …

DANDASI SAHUversusSTATE OF ORISSA

1989 INSC 369Dismissed

The contractor Dandasi Sahu claimed payment for work and interest before an arbitrator, later filing a supplemental claim and a consolidated abstract totalling Rs.31.44 million. The arbitrator awarded a lump sum of Rs.25.00 million with 9% interest, which the State of Orissa challenged. The High …

MADANLAL MANOHARLAL AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR.

1989 INSC 363Dismissed

The petitioners, licensed dealers manufacturing woollen fabrics, challenged the State of Haryana's requirement that they obtain a licence and pay market fees for sheep‑hair, arguing that sheep‑hair is not "agricultural produce" under the Punjab Agricultural Produce Markets Act, 1961. The dispute …

SHIV CHANDER KAPOORversusAMAR BOSE

1989 INSC 364Appeal(s) allowed

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

PARAS NATH AND ANR. MAMMAN SINGH AND ORS.versusUNION OF INDIA AND ORS.

1989 INSC 365Case Allowed

The petitioners, comprising about 1,000 Dairy Mates and 280 Junior Plant Operatives and Semi‑Skilled Operatives of the Delhi Milk Scheme, challenged their classification as unskilled workers and the corresponding pay scales fixed by the 4th Pay Commission. The Union of India contended that the …

BIHAR STATE ELECTRICITY BOARD, PATNA AND ORSversusGREEN RUBBER INDUSTRIES AND ORS.

1989 INSC 361Appeal(s) allowed

The Bihar State Electricity Board (BSEB) entered into a supply agreement with Green Rubber Industries that included a clause obligating the consumer to pay minimum guaranteed charges irrespective of actual consumption. The firm requested disconnection in June 1981, consumed no electricity, but was …

RAMZANversusSMT. HUSSAINI

1989 INSC 362Appeal(s) allowed

The respondent, sister of the appellant, entered into an agreement on 23 June 1965 whereby she would redeem a mortgaged house and, upon redemption, the appellant would execute a sale deed in her favour. She redeemed the mortgage in 1970 but the appellant failed to execute the deed despite repeated …

FRANCIS JOHNversusDIRECTOR OF EDUCATION AND ORS.

1989 INSC 359Appeal(s) allowed

Francis John, a headmaster of a private school that received government grant-in-aid, was terminated under Rule 74.2 of the Grant‑in‑aid Code after a Dispute Settlement Committee (DSC) recommended dismissal and the Director of Education approved it. John filed a writ petition under Article 226 of …

SWADESHI POLYTEX LTD.versusCOLLECTOR OF CENTRAL EXCISE

1989 INSC 360Appeal(s) allowed

Swadeshi PolytEx Ltd., a manufacturer of polyester fibre, used ethylene glycol (tariff item 68) and DMT in its process, which also generated methanol and other waste. The company claimed a set‑off of the excise duty paid on the glycol under exemption notification No. 201/79, as amended by …

STATE OF UTTAR PRADESH AND ORS.versusEX. PILOT OFFICER ARUN GOVIL

1989 INSC 356Appeal(s) allowed

The respondent, a former Indian Air Force pilot, was appointed by the State of Uttar Pradesh as Secretary of the Zila Sainik Board on a contractual basis for a fixed term, which was successively extended up to 30 August 1985. His services were terminated on 29 March 1985, and he filed a writ …

SUKHDARSHAN SINGH ETC. ETC.versusSTATE OF RAJASTHAN

1989 INSC 357Dismissed

The appellants challenged the validity of Section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, alleging it violated Article 14 of the Constitution. The High Court had upheld the provision, and the matter reached the Supreme Court. The Court observed that …

STATE OF M.P.versusGANEKAR MOTGHARE

1989 INSC 358Appeal(s) allowed

The respondent, a Deputy Director in the Madhya Pradesh Department of Geology and Mining, was compulsorily retired under Rule 56 of the Fundamental Rules after a Screening Committee, which included the Head of Department S.S. Dave, recommended his retirement. The respondent challenged the order by …

ACHAL REDDIversusRAMAKRISHNA REDDIAR AND ORS.

1989 INSC 351Dismissed

The case concerned a dispute over a parcel of land that was originally transferred by oral agreement on 10 July 1946 and later by a deed that remained unregistered due to the owner's death. The original purchaser, Varada Reddi, occupied the land under the belief that a formal sale deed would later …

SHRIDHAR SON OF RAM DULARversusNAGAR PALIKA, JAUNPUR AND ORS.

1989 INSC 352Appeal(s) allowed

The Municipal Board of Jaunpur advertised for the post of Tax Inspector, allowing both internal revenue employees and outsiders to apply. The senior Tax Collector, Respondent No. 3, refused to attend the interview, claiming the post should be filled only by promotion under a Government Order dated …

AJMER SINGH AND ORS. ETC.versusSTATE OF HARYANA AND ORS.

1989 INSC 353Dismissed

The Supreme Court examined appeals by tenants (appellants) against land‑owners (respondents) concerning the Punjab Security of Land Tenures Act, 1953. The land‑owners, heirs of an evacuee, had been allotted land and sought eviction of tenants, claiming they were "small land‑owners" whose holdings …

BHAVNAGAR MUNICIPALITYversusUNION OF INDIA AND ANR.

1989 INSC 354Dismissed

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

SRI DADU DAYAL MAHASABHAversusSUKHDEV ARYA AND ANOTHER

1989 INSC 355Appeal(s) allowed

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

SANKAR MUKHERJEE AND ORS.versusUNION OF INDIA AND ORS.

1989 INSC 350Case Allowed

The West Bengal Government, under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, issued a notification on 9 February 1980 prohibiting contract labour in several departments of M/s Indian Iron & Steel Co. Ltd., but expressly excluded the job of loading and unloading bricks …

KAILASH CHANDER SHARMAversusSTATE OF HARYANA AND ORS.

1989 INSC 349Disposed off

K.C. Sharma was selected by the Haryana Public Service Commission for the post of Assistant District Attorney and placed 39th in the merit list. The State of Haryana had undertaken that any vacancy arising within one year would be filled by the selected candidates in order of merit, but later …

MRS. DHANALAKSHMIversusR. PRASANNA KUMAR AND ORS.

1989 INSC 345Appeal(s) allowed

Mrs. Dhanalakshmi filed a criminal complaint before a Metropolitan Magistrate alleging that her husband, R. Pra. Anna Kumar, had committed bigamy and other offences by marrying another woman while divorce proceedings were pending. The High Court, invoking its inherent powers under Section 482 of the …

STATE OF BIHAR AND ORSversusDR. SANJAY KUMAR SINHA AND ORS.

1989 INSC 346Disposed off

A group of medical graduates filed a writ petition challenging the Bihar government's prospectus for 1989 postgraduate medical admissions, which fixed the eligibility cut‑off date as 31 May 1989, allegedly contrary to the Supreme Court’s directions in Dr. Dinesh Kumar v. Motilal Nehru Medical …

GAURAV JAINversusUNION OF INDIA AND ORS.

1989 INSC 347Directions issued

A public interest litigation was filed under Article 32 seeking separate schools and hostels for children of prostitutes. The petitioners argued that such facilities would protect the children from the adverse environment of prostitute homes. The respondents contended that segregation from their …

DR. MS. O.Z. HUSSAINversusUNION OF INDIA AND ORS.

1989 INSC 348Case Allowed

The petitioner, a Group ‘A’ scientist in the non‑medical wing of the Directorate General of Health Services, filed a writ petition under Article 32 seeking parity in pay scales, allowances, and a promotional avenue with his counterparts in the medical wing. The Court examined whether the denial of …

C. RADHAKRISHNA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1989 INSC 343Dismissed

The petitioners, promotee Deputy Executive Engineers of the Andhra Pradesh Engineering Service, challenged a government circular dated 12‑August‑1988 that fixed guidelines for drawing up an inter‑se seniority list of direct recruits and promotees, alleging that it violated the Supreme Court's …

DINAJI AND ORS.versusDADDI AND ORS.

1989 INSC 344Appeal(s) allowed

The case concerned a widow, Smt. Yashoda Bai, who owned her late husband's immovable property and later adopted a son, executing an unregistered deed of adoption that purported to divest her of any right to alienate the property. She subsequently executed a registered sale deed in favour of the …

SUSHIL KUMAR METHAversusGOBIND RAM BOHRA

1989 INSC 342Appeal(s) allowed

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

S.M.D. KIRAN PASHAversusGOVERNMENT OF ANDHRA PRADESH AND ORS.

1989 INSC 340Appeal(s) allowed

S.M.D. Kiran Pasha, a municipal councillor, was detained under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, after alleging political vendetta. He filed a writ petition under Article 226 challenging the detention, but the High Court dismissed it, insisting he first surrender and …

MARWAR TENT FACTORYversusUNION OF INDIA AND ORS.

1989 INSC 341Appeal(s) allowed

The Marwar Tent Factory supplied 1,500 tents to the Defence Services under a contract that stipulated delivery F.O.R. Jodhpur. After dispatching the consignment by rail, the Commandant of the C.O.D. at Kanpur claimed that 224 tents were missing and deducted their price from the amount due. The …

BHAGWAT DUTT RISHIversusRAM KUMAR

1989 INSC 337Dismissed

The appellant, a retired public officer, sought eviction of a tenant under the East Punjab Urban Rent Restriction Act, 1949, invoking Section 13A which allows a "specified landlord" to recover possession within a year of retirement. The appellant became landlord only after his father's death, i.e., …

INDIAN OVERSEAS BANKversusINDUSTRIAL CHAIN CONCERN

1989 INSC 336Appeal(s) allowed

Industrial Chain Concern sued Indian Overseas Bank for Rs.26,383.49, alleging that the bank negligently allowed its manager, Sethuraman, to open a fictitious account in the firm's name, deposit stolen drafts and cheques, and collect the proceeds. The bank contended it acted in good faith, declined …

MUNICIPAL COUNCIL, JODHPURversusPAREKH AUTOMOBILES LTD. AND ORS.

1989 INSC 334Dismissed

Parekh Automobiles Ltd. (respondent No.1) obtained petroleum products from Indian Oil Corporation (respondent No.2) at a depot inside Jodhpur municipal limits, which were then re‑exported to the dealer's outlet at Dangiawas outside the limits. The Jodhpur Municipal Council claimed octroi was payable …

LUXMI TEA COMPANY LIMITEDversusPRADIP KUMAR SARKAR

1989 INSC 335Dismissed

The respondent, Pradip Kumar Sarkar, lodged fully paid‑up shares with Luxmi Tea Co. for transfer to his name, but the Board of Directors refused to register the transfer. He filed an application under section 155 of the Companies Act, 1956 for rectification of the share register, which the Calcutta …

UNION OF INDIA AND ORS.versusNAIK SUBEDAR CLK(S) BALESHWAR RAM AND ORS.

1989 INSC 332Appeal(s) allowed

Three army personnel were tried by a General Court Martial for theft, convicted, sentenced and dismissed from service. They challenged the conviction and dismissal before the Guwahati High Court, which set aside both on the ground that the trial violated Rule 22 of the Army Rules, 1954, which …

MADAN LAL ANAND ETC.versusUNION OF INDIA AND ORS.

1989 INSC 326Dismissed

Madan Lal Anand and two others were detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on allegations that they used benami firms to obtain duty‑exempt advance licences, imported polyester yarn, failed to export the goods …

UNION OF INDIA AND ORS.versusK.K. VADERA AND ORS.

1989 INSC 327Appeal(s) allowed

The respondents, Junior Scientific Officers in the Defence Research & Development Service, were promoted to the post of Scientist ‘B’ with effect from 16 October 1985. They contended that, because the posts were created in 1984‑85, the promotions should be back‑dated to 1 July 1984, as had been done …

FOOD CORPORATION OF INDIAversusPROVIDENT FUND COMMISSIONER AND ANR.

1989 INSC 328Appeal(s) allowed

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

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

1989 INSC 329Appeal(s) allowed

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

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

1989 INSC 325Appeal(s) allowed

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

COLLECTOR OF CUSTOMS, BANGALORE & ANR.versusHANSUR PLYWOOD WORKS AND ANR.

1989 INSC 330Appeal(s) allowed

The Collector of Customs appealed against the Customs, Excise and Gold Appellate Tribunal's order that upheld the respondents' claim for refund of auxiliary duty on timber imported from Burma. The respondents argued that, because timber from Burma was fully exempted under Notification No. 265/1982 …

COLLECTOR OF CUSTOMS, BANGALOREversusWESTERN INDIA PLYWOOD MFG. CO. LTD. AND ANR.

1989 INSC 331Appeal(s) allowed

The Collector of Customs appealed against a Customs Tribunal order that had allowed Western India Plywood Mfg. Co. Ltd. to obtain a refund of auxiliary duty paid on timber imports from Burma. Under the Customs Tariff Act, 1975 timber attracted a basic duty of 60%, but a notification under Section 25 …

SYNTHETICS & CHEMICALS LTD. ETC.versusSTATE OF U.P. AND ORS.

1989 INSC 321Case Allowed

The petitioners, industrial users of ethyl alcohol, challenged state statutes imposing a vend fee and other levies on industrial alcohol, arguing that such taxes were beyond the legislative competence of the states. The Court examined the constitutional distribution of powers, focusing on Entries 84 …

INDIA CEMENT LTD.versusSTATE OF TAMIL NADU ETC.

1989 INSC 322Appeal(s) allowed

India Cement Ltd., a cement manufacturer, obtained a mining lease for limestone and kankar under the Mineral Concession Rules, 1960. The lease required payment of royalty fixed by the Mines and Minerals (Regulation & Development) Act, 1957. The Tamil Nadu government, invoking sections 115 and 116 of …

R. NARAYANANversusUNION OF INDIA AND ANR.

1989 INSC 324Appeal(s) allowed

The appellant, a freedom fighter, sought a pension under the Swatantrata Sainik Samman Pension Scheme on the ground that he had permanently lost vision in his left eye due to a police lathi charge during the freedom struggle. Although medical certificates and recommendations from the District …

GOPIKA RANJAN CHOUDHARYversusUNION OF INDIA AND ORS.

1989 INSC 323Appeal(s) allowed

The case concerned the Assam Rifles Force, where a Central Record and Pay Accounts Office (C.R. and P.A.O.) was created at the Headquarters in 1962. Following the Third Central Pay Commission, ministerial staff at the Headquarters were placed on higher pay scales than their counterparts in the …

S. BANERJEEversusUNION OF INDIA AND ORS.

1989 INSC 316Case Allowed

S. Banerjee, Additional Registrar of the Supreme Court, sought voluntary retirement under Rule 48‑A of the Central Civil Services (Pension) Rules, 1972, effective from the forenoon of 1 January 1986. He claimed pension benefits under paragraph 17.3 of the Fourth Central Pay Commission report, which …

KALLU ETC.versusSTATE OF U.P. AND ORS.

1989 INSC 317Dismissed

The appellants challenged the interpretation of Section 4A of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, contending that "irrigated land" should be identified only where there is independent proof of assured irrigation and where two crops are grown on the entire extent of …

GRAM PANCHAYAT, VILLAGE KANONDA, TEHSIL BAHADURGARH, DISTRICT ROHTAK, THROUGH ITS SARPANCHversusDIRECTOR, CONSOLIDATION OF HOLDINGS, HARYANA, CHANDIGARH AND ORS.

1989 INSC 318Appeal(s) allowed

The Gram Panchayat owned 1,200 bighas of land that was consolidated and allotted to others under a scheme confirmed in 1974. The Panchayat filed an application under Section 42 of the East Punjab Holdings Act in 1977 to set aside the scheme, but the application was beyond the six‑month limitation …

N.D.M.C.versusSTATESMAN LTD.

1989 INSC 320Directions issued

The New Delhi Municipal Committee (NDMC) rejected revised building plans of Statesman Ltd. on fire‑safety grounds, particularly the provision of refuge areas and the absence of a pedestrian walk‑way and podium required by zoning plans. The Delhi Urban Art Commission and the Chief Fire Officer …

WORKERS OF ROHTAS INDUSTRIES LTD.versusROHTAS INDUSTRIES LTD.

1989 INSC 319Directions issued

The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking …

COLLECTOR OF CENTRAL EXCISEversusPONDS INDIA LTD.

1989 INSC 313Appeal(s) allowed

Pond's India Ltd., a manufacturer of talc and face powder, claimed a deduction for the cost of secondary packing (master cartons) used for transporting small packs to wholesale dealers. The claim was initially approved but later disallowed by the Assistant Collector, who treated the outer cartons as …

ROCHE PRODUCTS LIMITEDversusCOLLECTOR OF CUSTOMS AND ANOTHER

1989 INSC 314Dismissed

Roche Products Ltd, a pharmaceutical manufacturer, imported the raw material isoxamine under an Open General Licence after the two‑year period permitted by its industrial licence for the manufacture of sulphamethoxazole (SMX) had expired. The company declared itself an "Actual User" and that its …

GOODYEAR INDIA LTD. ETC. ETC.versusSTATE OF HARYANA & ANR. ETC. ETC.

1989 INSC 315Disposed off

The Supreme Court examined whether the Haryana General Sales Tax Act, 1973 (as amended) and the Bombay Sales Tax Act, 1959 (section 13‑AA) could levy a tax on the despatch of manufactured goods to a dealer’s own branches outside the State. It held that the taxable event under both statutes is the …

DR. SUBRAMANIAM SWAMYversusRAMAKRISHNA HEGDE

1989 INSC 312Case Allowed

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

UNION OF INDIA & ORS.versusSHAIK ALI

1989 INSC 310Dismissed

Shaik Ali, a Class III railway employee, was suspended after a confrontation with a Divisional Safety Officer and subsequently ordered to retire prematurely under Rule 2046(h)(ii) of the Indian Railway Establishment Code, despite not having reached the required age of 55. The Central Administrative …

SAU ASHABAI KATEversusVITHAL BHIKA NADE

1989 INSC 311Case Partly allowed

The case concerned a joint Hindu Mitakshara family where Bhiku died leaving his widow Parvati and son Balu. Balu also died, leaving his widow Lilabai, who later remarried and gave birth to a posthumous daughter, Ashabai, the appellant. Parvati adopted Vithal in 1949, and Ashabai sued for possession …

STATE OF PUNJABversusSUKHPAL SINGH

1989 INSC 307Dismissed

Sukhjinder Singh was detained under the National Security Act, 1980 on 28 May 1988. His son, Sukhpal Singh, filed writ petitions seeking habeas corpus, alleging that the detention order was issued without subjective satisfaction, that there was an inordinate delay in considering the detenu's …

AMBATI NARASAYYAversusM. SUBBA RAO & ANR.

1989 INSC 309Appeal(s) allowed

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

A.N. PARASURAMAN ETC.versusSTATE OF TAMIL NADU

1989 INSC 304Appeal(s) allowed

The appellants, who run private educational institutions, challenged the Tamil Nadu Private Educational Institutions (Regulation) Act, 1966 on the ground that several of its provisions gave unfettered discretionary power to the State, violating Article 14 of the Constitution. The High Court had …

ARJUN KHIAMAL MAKHIJANI ETC.versusJAMNADAS C. TULIANI & ORS. ETC.

1989 INSC 303Dismissed

Jamunadas C. Tuliani, the landlord, sued five tenants and Arjun Khiamal Makhijani (defendant No.6) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging six months' rent arrears and illegal sub‑letting of a garage. The trial court decreed eviction on the …

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

1989 INSC 305Dismissed

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

SOUTHERN ROADWAYS LTD., MADURAI, BY ITS SECRETARY.versusS.M. KRISHNAN

1989 INSC 306Appeal(s) allowed

Southern Roadways Ltd., a transport company, appointed S.M. Krishnan as its agent at Madras and allowed him to use a leased godown for the company's business. After discovering mismanagement and misappropriation of funds, the company terminated Krishnan's agency on 14 October 1988 and took …

HMM LIMITED & ANR.versusADMINISTRATOR BANGALORE CITY CORPORATION, BANGALORE & ANR.

1989 INSC 302Appeal(s) allowed

HMM Ltd., a manufacturer of Horlicks malted milk powder, imported the powder in bulk drums into Bangalore, repackaged it into small bottles and exported most of it outside the municipal limits. The company paid octroi duty on entry but claimed a refund, arguing that the goods were not used, consumed …

SECRETARY TO THE GOVT. OF ORISSA & ANR.versusSARBESWAR ROUT

1989 INSC 301Case Partly allowed

The Secretary to the Government of Orissa entered into a contract for works with S. Rout, which later gave rise to a dispute referred to arbitration. The arbitrator awarded interest, which the appellant challenged under Section 39 of the Arbitration Act, 1940. The Supreme Court examined whether the …

JITENDER TYAGIversusDELHI ADMINISTRATION & ANR.

1989 INSC 300Dismissed

Jitender Tyagi was detained under the National Security Act, 1980 by an order dated 19 January 1989 issued by the Delhi Police Commissioner, who was delegated the power by the Delhi Administration. The order was approved by the Administrator on 31 January 1989. Tyagi challenged the detention on …

STATE OF MAHARASHTRAversusCAPTAIN BUDDHIKOTA SUBHA RAO

1989 INSC 299Appeal(s) allowed

Captain B. Subha Rao, a retired naval officer, was arrested at Bombay Airport for allegedly breaching the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. He filed a series of bail applications; Judge Puranik rejected a batch on 6 June 1989 without noting a pending application (Criminal …

COLLECTOR OF CENTRAL EXCISE, NEW DELHI.versusBALLARPUR INDUSTRIES LTD.

1989 INSC 297Dismissed

Ballarpur Industries Ltd. used sodium sulphate in its paper and paper‑board manufacturing process and claimed proforma credits under Notification No. 105/82‑CE. The Superintendent of Central Excise rejected the claim, holding that the chemical was burnt up and did not remain in the finished product, …

SRI B. RAJGOPALA RAO & ANR.versusSRI APPAYYA DORA HANUMANTHU & ORS.

1989 INSC 298Dismissed

The appeals challenged Andhra Pradesh High Court judgments that had upheld the election of a Member of Parliament on the ground that advertisements and speeches by the Chief Minister, published through the Government's Publicity Department, offering subsidised rice and clothing to low‑income groups …

STATE OF GUJARAT & ANR.versusPATEL NARANBHAI NATHUBAI & ORS.

1989 INSC 291Appeal(s) allowed

The State of Gujarat issued a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 July 1963 and later issued a declaration under Section 6 on 18 January 1969. A writ petition filed in 1972 challenged the declaration on the ground that the 5½‑year gap between the …

AJIT SINGHversusCHIEF ELECTION COMMISSIONER OF INDIA & ORS.

1989 INSC 292Dismissed

Ajit Singh, a former Private Secretary to the Deputy Election Commissioner, challenged the appointment of M.L. Sarad as Private Secretary to the Chief Election Commissioner, alleging that the appointment violated the 1974 Recruitment Rules and that the 1979 amendment of those rules was mala fide and …

B.R. SINGH & ORS. ETC. ETC.versusUNION OF INDIA & ORS.

1989 INSC 293Case Allowed

The Trade Fair Authority of India Employees' Union demanded housing, regularisation of casual workers and wage revision, but management failed to act, leading the Union to call a one‑day strike on 21 January 1987 after a denied request for a general body meeting. Management responded by suspending …

UNION OF INDIA & ORS. ETC. ETC.versusDR. S. KRISHNA MURTHY & ORS. ETC. ETC.

1989 INSC 294Appeal(s) allowed

The Union of India and several Emergency Commissioned Officers (ECOs) and Short Service Commissioned Officers (SSCOs) appealed against judgments of the Calcutta High Court and the Central Administrative Tribunal that had struck down rule 3(2)(d) of the Indian Forest Service (Regulation of Seniority) …

GURBACHAN SINGHversusSATPAL SINGH & ORS.

1989 INSC 295Appeal(s) allowed

Gurbachan Singh filed a special leave appeal after the Punjab & Haryana High Court acquitted Satpal Singh and others of abetment to suicide under Section 306 IPC. The deceased, Ravinder Kaur, had allegedly committed suicide by self‑immolation after severe dowry‑related harassment and taunts by her …

COLLECTOR OF CUSTOMS, BOMBAYversusK. MOHAN & CO. EXPORTS

1989 INSC 289Dismissed

K. Mohan & Co. imported metallised polyester film rolls from Japan and paid customs duty and countervailing duty under section 3 of the Customs Tariff Act. The firm claimed a refund on the basis of notification No. 228/76 issued under section 25(1) of the Customs Act, which exempts "articles made of …

SMT. BIMLA RANIversusUNION OF INDIA AND OTHERS

1989 INSC 290Dismissed

The petition challenged a detention order issued under Section 3(2) read with 3(3) of the National Security Act, 1980 against Praveen Kumar Gupta, who was already in jail for an IPC 307 offence. The order was based on a solitary incident in which he shot a person, causing communal tension and an …

FIRM GANPAT RAM RAJKUMARversusKALU RAM & ORS.

1989 INSC 288Disposed off

The firm Ganpat Ram Rajkumar was ordered by the Supreme Court to vacate a shop in Narnaul within six months, on the condition that it filed a "usual undertaking" confirming possession and delivery of vacant possession. The firm failed to file any undertaking and did not vacate the premises. The …

WALI MOHAMMAD (DECEASED) BY L.RS.versusRAM SURAT & ORS.

1989 INSC 286Dismissed

Wali Mohammad, after redeeming a usufructuary mortgage, possessed two plots from 1946 onward. In 1953 Ram Kumar claimed possession under Section 232 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, asserting that his name was entered as occupant in the Khasra/Khatauni of Fasli year 1356, …

SMT. KAZI NAJMUNISSA BEGUMversusYUSUF KHAN & ORS.

1989 INSC 287Disposed off

SMT K.N. Begum sued Yusuf Khan and others for declaration of title, possession and mesne profits of a suit land. The defendants claimed they were tenants under Sirajuddin, who allegedly obtained the land by gift. The trial court held Sirajuddin had no title and the defendants were trespassers; the …

APHALI PHARMACEUTICALS LTD.versusSTATE OF MAHARASHTRA & ORS.

1989 INSC 282Appeal(s) allowed

Aphali Pharmaceuticals Ltd. manufactured an Ayurvedic product called "Ashvagandharist" which contained self‑generated alcohol but was not consumable as an ordinary alcoholic beverage. The company had previously enjoyed exemption from excise duty under item 3(i) of the Medicinal and Toilet …

MAJATI SUBBARAOversusP.K.K. KRISHNA RAO (DECEASED) BY LRS.

1989 INSC 283Dismissed

M. Subbarao, a tenant in Eluru, was evicted by the Rent Controller on the grounds that the landlord required the premises for his son’s photo studio and that the tenant had denied the landlord’s title in a manner not deemed bona fide. The tenant contended that the premises were trust property of a …

MANTRI SHRI THOLOK GOGOI AND ANOTHERversusSTATE OF ASSAM AND OTHERS

1989 INSC 279Case Allowed

The Assam Rashtrabhasha Prachar Samiti, a registered society promoting Hindi, was managed by elected bodies until a 1983 amendment removed the Chief Minister as ex‑officio president. In 1984 the Chief Minister invoked emergency powers, dissolved the elected committees and formed an ad‑hoc board, …

OWNERS AND PARTIES INTERESTED IN M.V. "VALI PERO" ETC. ETC.versusFERNANDEO LOPEZ & ORS.

1989 INSC 280Appeal(s) allowed

Ten non‑Greek seamen of the foreign vessel M.V. "Vali Pero" sued the ship’s owners for unpaid dues. The defendants’ witnesses were examined on commission, but their depositions lacked the witnesses’ signatures, a requirement under Rule 4 of the Calcutta High Court Rules, 1914. The Calcutta High …

BINDESHWARI RAMversusSTATE OF BIHAR & ORS.

1989 INSC 281Dismissed

The appellant, Bindeshwari Ram, an Assistant Conservator of Forest, challenged a seniority list that placed several promoted colleagues (respondents 7‑12) above him, relying on a cabinet memorandum that purportedly granted him higher seniority. The matter hinged on Rule 35 of the Bihar Forest …

KANTHIMATHY PLANTATIONS PVT. LTD.versusSTATE OF KERALA & ORS.

1989 INSC 285Dismissed

The petitioners, KANTHIMATHY PLANTATIONS, challenged the acquisition of their land in Kerala that had been initiated under the Kerala Land Acquisition Act, 1961. The acquisition proceeded to a declaration under section 6 before the Central Land Acquisition Act, 1894 (as amended by Act 68 of 1984) …

TEK CHANDversusSAT NARAYAN

1989 INSC 277Dismissed

The Supreme Court considered a Special Leave Petition filed by Tek Chand against Sat Narayan under the Haryana Urban (Control of Rent & Eviction) Act, 1973. The issue was whether the exemption provided in Sections 1(3) and 13 of the Act continues for a fixed period of ten years and remains effective …

RAKAPALLI RAJA RAMA GOPALA RAOversusNARAGANI GOVINDA SEHARARAO & ANR.

1989 INSC 276Appeal(s) allowed

The respondents bought a premises that the appellant was occupying as a tenant. The appellant claimed an oral agreement with the previous owners to purchase the property, having paid Rs.5,000 as earnest money, and therefore refused to pay rent from December 1977 to May 1978. The respondents sued for …

BHAT KALIDAS SHAMJI (DEAD) BY L.RS. & ORS.versusP.J. PATHAK & ORS.

1989 INSC 272Dismissed

The appellants, tenants of intermediary landlords (Girasdars), challenged the allotment of land to the Girasdars under the Saurashtra Land Reforms Act, 1951. The Girasdars, classified as Class A, were entitled to three economic holdings (60 acres) and the authorities had to decide whether the …

COLLECTOR OF CENTRAL EXCISE, AHMEDABAD ETC. ETC.versusASHOKA MILLS LTD. ETC. ETC.

1989 INSC 273Dismissed

The Collector of Central Excise appealed against the order of the Customs, Excise & Gold Control Appellate Tribunal which had allowed a refund to Ashoka Mills Ltd. for yarn produced between 17 March 1972 and 23 July 1972 and cleared for captive consumption before 24 July 1972. The dispute centered …

KOCH NAVIGATION INC.versusHINDUSTAN PETROLEUM CORPN. LTD.

1989 INSC 271Appeal(s) allowed

Koch Navigation chartered its vessel to Hindustan Petroleum for oil transport. A dispute was referred to a single arbitrator in London, who awarded a principal sum, interest, and ordered the costs of the arbitration reference to be paid by the respondent, to be determined by agreement or, failing …

S.S. RATHOREversusSTATE OF MADHYA PRADESH

1989 INSC 268Appeal(s) allowed

The appellant, a government servant, was dismissed by the Collector on 13 January 1966 and his appeal to the Divisional Commissioner was dismissed on 31 August 1966. He filed a suit on 30 September 1969 seeking a declaration that the dismissal was inoperative, but the trial court and the High Court …

SHAFIQ AHMADversusDISTRICT MAGISTRATE, MEERUT & ORS.

1989 INSC 270Case Allowed

The petitioner challenged his preventive detention under Section 3(2) of the National Security Act, 1980, arguing that the order dated 15 April 1988 was executed after an unreasonable delay (arrest on 2 October 1988) and that the grounds cited were not genuinely related to public order and were …

P.C. RAJA RATNAM INSTITUTIONversusMUNICIPAL CORPORATION OF DELHI & ORS.

1989 INSC 269Appeal(s) allowed

The appellant, a non‑profit society running a school, challenged a demand for general tax by the Delhi Municipal Corporation, claiming exemption under section 115(4)(a) of the Delhi Municipal Corporation Act, 1957 on the ground that it pursued a charitable purpose. The Delhi High Court dismissed the …

SUPREME COURT LEGAL AID COMMITTEEversusUNION OF INDIA & ORS.

1989 INSC 266Directions issued

A public interest writ petition under Article 32 sought enforcement of Articles 14 and 21 for juvenile delinquents, alleging denial of rights under the Juvenile Justice Act, 1986. The Supreme Court, having previously issued directions for implementation, was asked to order the setting up of Advisory …

V. PARUKUTTY MANNADISSIAR & ANR.versusSTATE OF KERALA & ORS.

1989 INSC 267Case Partly allowed

The appellants were awarded 92 acres of forest land by a Kerala High Court decision in MFA No. 401/78 under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The State returned part of the land but later realized it contained valuable timber and refused to issue transit permits for the …

JOHRI SINGHversusSUKH PAL SINGH & ORS.

1989 INSC 265Appeal(s) allowed

The Senior Subordinate Judge decreed a pre-emption suit in favour of Johri Singh, directing payment of Rs 41,082 less Zare‑Panjum (i.e., 4/5 of the amount) by 31‑Dec‑1975. The decree‑holder deposited the calculated sum but later discovered a shortfall of Rs 100 due to an arithmetic error. He applied …

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

1989 INSC 263Dismissed

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

IDUL HASAN & ORS.versusRAJINDRA KUMAR JAIN

1989 INSC 264Dismissed

The appellants, tenants of a premises in Bijnor, were sued for eviction in 1967 under the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947, on the ground that they had made material alterations to the building. Lower courts held the alterations were material and ordered eviction; the …

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

1989 INSC 262Directions issued

The petitioners, Class II engineering officers of Haryana, sought promotion to Class I (Executive Engineer) after the Supreme Court struck down a state amendment that made an engineering degree mandatory for such promotion. The Court had earlier directed the state to consider all eligible officers …

SODAN SINGH ETC. ETC.versusNEW DELHI MUNICIPAL COMMITTEE & ANR. ETC.

1989 INSC 260Disposed off

The petitioners, a group of hawkers, claimed a constitutional right under Article 19(1)(g) to occupy specific spots on Delhi's public pavements for street trading, alleging that the municipal authorities' refusal violated their rights under Articles 19 and 21. The respondents argued that no …

SMT. BHAGWANTI AND ANR.versusUNION OF INDIA

1989 INSC 257Case Allowed

The widows of two retired government servants—Smt. Bhagwanti (ex‑Subedar) and Smt. Sharda Swamy (retired railway employee)—filed writ petitions under Article 32 seeking family pension after their husbands' deaths. The Union of India denied the pensions, relying on Rule 54(14)(b) of the Central Civil …

COLLECTOR OF CENTRAL EXCISE, CALCUTTA-IIversusEASTEND PAPER INDUSTRIES LTD. & ANR.

1989 INSC 258Dismissed

Eastend Paper Industries Ltd. manufactured various papers, including wrapping paper, and removed 4,000 kg of wrapping paper from its factory without paying excise duty. The Revenue issued a show‑cause notice under Rules 9(1), 173‑F and 173‑G of the Central Excise Rules, 1944, alleging duty evasion. …

DURAND DIDIERversusCHIEF SECRETARY, UNION TERRITORY OF GOA

1989 INSC 259Dismissed

Durand Didier, a French national, was stopped by police in Goa after accelerating his motorcycle and falling without injury. A search of his bike and attached bag, witnessed by two pancha witnesses, uncovered brown sugar, ganja oil and opium concealed in various items. Samples sent to a chemical …

PT. PARMANAND KATARAversusUNION OF INDIA & ORS.

1989 INSC 256Disposed off

The petitioner, a human‑rights activist, filed a writ under Article 32 seeking a direction that every injured person brought to a hospital be given immediate medical aid, citing a newspaper report of a death where doctors refused treatment pending police formalities. The Union of India, the Medical …

T.A. ABDUL RAHMANversusSTATE OF KERALA AND ORS.

1989 INSC 254Appeal(s) allowed

The appellant, brother of T.A. Sirajudeen, challenged his sibling's preventive detention under sections 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had been caught with smuggled gold biscuits in …

U.S. SASIDHARANversusK. KARUNAKARAN & ANR

1989 INSC 255Dismissed

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

HINDUSTAN POLYMERS ETC. ETC.versusCOLLECTOR OF CENTRAL EXCISE, ETC. ETC.

1989 INSC 253Appeal(s) allowed

Hindustan Polymers, a manufacturer of fusel oil and styrene monomer, sold most of its product in bulk via tankers, but occasionally delivered it in drums that were supplied by the buyers at no charge. The Revenue issued show‑cause notices demanding that the value of these drums be added to the …

STAR PAPER MILLS LTD.versusCOLLECTOR OF CENTRAL EXCISE, MEERUT

1989 INSC 249Case Partly allowed

Star Paper Mills Ltd., a paper manufacturer, claimed exemption from excise duty on paper cores used in its production process, arguing that the cores were "component parts" under Notification No. 201/79. The Central Excise authorities rejected the claim, but the Appellate Collector allowed it; the …

N. MEERA RANIversusGOVERNMENT OF TAMIL NADU & ANR.

1989 INSC 250Appeal(s) allowed

The wife of Nallathambi challenged his preventive detention under the National Security Act, 1980, arguing that the detention order was made while he was already in jail for a bank dacoity and that the authority failed to consider any likelihood of his release. The Supreme Court examined whether …

SMT. LATA DEVI (MALI)versusHARU RAJWAR

1989 INSC 251Appeal(s) allowed

In the 1985 Bihar Legislative Assembly election, Lata Devi (Mali) was declared elected from Chandan Kyari (SC) constituency. The defeated candidate, Haru Rajwar, filed an election petition alleging that the Returning Officer changed his allotted symbol from "bow and arrow" to "ladder" less than …

SHAM SUNDAR & ORS.versusSTATE OF HARYANA

1989 INSC 248Case Partly allowed

The appellants, partners of a rice‑milling partnership, were convicted under the Essential Commodities Act, 1955 for failing to supply the levy rice required by the Haryana Rice Procurement (Levy) Order, 1979. They appealed, contending that the prosecution had not proved that they were in charge of …

PADMINI PRODUCTSversusCOLLECTOR OF CENTRAL EXCISE, BANGALORE

1989 INSC 247Disposed off

Padmini Products, a manufacturer of agarbatis and dhoop sticks, claimed exemption from excise duty and licensing on the ground that the products were "handicrafts" under Notification 55/75 and thus exempt under Notification 111/78. The Collector rejected the claim, holding the items were not …

TATA OIL MILLS CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE

1989 INSC 244Appeal(s) allowed

Tata Oil Mills Co. Ltd., a soap manufacturer, sought a rebate under Rule 8(1) of the Central Excise Rules, 1944, relying on Notifications 46/72, 153/73 and 25/75 which grant exemption for soap made from indigenous rice bran oil. The company used rice bran oil that was pre‑treated into rice bran …

ALL INDIA BANK OFFICERS' CONFEDERATION AND ORS.versusUNION OF INDIA & ORS.

1989 INSC 245Case Allowed

The All India Bank Officers' Confederation challenged a 23 August 1982 circular that allowed the Central Government to appoint any non‑workmen officer to the board of a nationalised bank, bypassing the panel of three names submitted by the majority association of non‑workmen employees. The …

STATE OF U.P. THROUGH C.B.I. S.P.E. LUCKNOWversusR.K. SRIVASTAVA AND ANOTHER.

1989 INSC 243Disposed off

Two employees of a nationalised bank and two account‑holders were charged with conspiracy, cheating, forgery and corruption for allegedly withdrawing Rs.54,600 on the basis of false credit entries. The High Court quashed the proceedings against one employee, holding that the FIR, taken at face …

COLLECTOR OF CENTRAL EXCISE, BARODAversusAMBALAL SARABHAI ENTERPRISES

1989 INSC 236Dismissed

The respondent, Ambalal Sarabhai Enterprises, manufactured sorbitol and also produced starch hydrolysate, which it used internally. The Collector of Central Excise claimed that the hydrolysate was glucose, fell under Item 1‑E of the Central Excise Tariff and was liable to excise duty. The respondent …

SENIOR SUPDT. OF POST OFFICE & ORS.versusIZHAR HUSSAIN

1989 INSC 237Dismissed

Izhar Hussain, a clerk in the Posts and Telegraph Department, was retired under Rule 2(2) of the Liberalised Pension Rules, 1950, which permits the Government to retire a servant at any time after completing 30 years of qualifying service. He challenged the retirement before the Allahabad High …

BAIDYANATH MAHAPATRAversusSTATE OF ORISSA & ANR.

1989 INSC 238Appeal(s) allowed

Baidyanath Mahapatra, a senior electrical engineer of the Orissa Government, was prematurely retired in 1983 under Rule 71(1)(a) of the Orissa Service Code based on a Review Committee's recommendation that relied on adverse entries in his service record, many of which were old, some communicated …

KASHIRAM YADAV & ANR.versusORIENTAL FIRE & GEN. INSURANCE CO. & ORS.

1989 INSC 239Dismissed

A constable was killed when a tractor owned by Kashiram Yadav was driven by Raghuraj, who had no driving licence. The victim's widow and children claimed compensation, and the Motor Accident Claims Tribunal awarded Rs.96,000, holding the owner liable. On appeal, the owner and the insurer argued that …

STATE OF ORISSAversusNIRANJAN SWAIN

1989 INSC 241Case Partly allowed

The State of Orissa contracted Niranjan Swain for construction of an earth dam and a dispute over the balance payment, security deposit and interest was referred to an arbitrator under the contract’s arbitration clause. The arbitrator awarded a lump‑sum of Rs 21,11,835 inclusive of interest, which …

JANAK LALversusSTATE OF MAHARASHTRA & ORS.

1989 INSC 242Appeal(s) allowed

The appellant, a resident of Bazargaon village in Nagpur district, challenged the grant of a mining lease to respondent No. 4 over land that had been reserved for Nistar (grazing) purposes. The earlier application for a mining lease had been rejected because of this reservation, but the lease was …

MADHU MEHTAversusUNION OF INDIA

1989 INSC 235Disposed off

The petition under Article 32 sought relief for Gyasi Ram, a death‑row inmate whose mercy petitions had remained pending for about eight years due to administrative delays, including the pending petition of his accomplice Daya Ram. The Supreme Court examined whether such inordinate delay in …

BAJAJ AUTO LIMITEDversusBEHARI LAL KOHLI

1989 INSC 230Dismissed

The landlord (respondent) leased premises to Bajaj Auto Ltd (appellant) under an unregistered lease deed that prohibited sub‑letting without the landlord’s written consent, but allowed assignment to associate concerns without consent. Bajaj Auto sub‑let the premises to United Automobiles, its …

MIR MOHD OMAR & ORSversusSTATE OF WEST BENGAL

1989 INSC 231Appeal(s) allowed

The accused were tried for murder under IPC sections 302/34. The prosecution examined 34 witnesses, including the investigating officer (PW‑34), and the accused were examined under Section 313 of the CrPC. The State sought re‑examination of the first accused under Section 313 and filed an unsigned …

DWARKA NATH SHARMAversusUNION OF INDIA & ORS.

1989 INSC 234Appeal(s) allowed

The appellant, recruited as an Assistant Executive Engineer in the Military Engineering Service in 1962, challenged his placement at 483rd position in the 1967 seniority list, arguing that his prior Central Government service should have given him a higher rank. After his suit and subsequent appeals …

MAGANLAL ETC.versusJAISWAL INDUSTRIES NEEMACH & ORS.

1989 INSC 228Appeal(s) allowed

Maganlal mortgaged his property to M.P. State Financial Corporation. When the loan defaulted, the corporation invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to attach and sell the property. The first purchaser (Jaiswal Industries) obtained the sale, which was set aside, …

SMT. MAINIAversusDEPUTY DIRECTOR OF CONSOLIDATION & OTHERS

1989 INSC 227Dismissed

The case concerned a tenancy holding that devolved to Smt. Sukhia, the widow of Chain Sukh, under Section 35 of the United Provinces Tenancy Act, 1939. After Chain Sukh’s death, Smt. Sukhia remarried Gopal Singh in a customary “Karwa” ceremony and had a son, Chander Pal. The appellant, Smt. Mainia, …

RAMLAL KHURANA (DEAD) BY LRS.versusSTATE OF PUNJAB & ORS.

1989 INSC 226Dismissed

R.L. Khurana, originally a clerk in the Punjab Police, was appointed as an Excise Sub‑Inspector and later reverted to his parent department. He obtained a decree from a civil court confirming his right to continue in the substantive Excise post, overturning the reversion. Subsequently, the Excise …

STATE OF RAJASTHAN & ANR.versusSHANTILAL ETC.

1989 INSC 225Appeal(s) allowed

The Rajasthan Medical and Health Subordinate Service Rules, 1965 created two distinct cadres – a Nursing cadre and a Compounder cadre. Two employees, Bansi Lal Sharma and Shanti Lal Jain, challenged the rules, alleging that the bifurcation arbitrarily denied Compounder Grade‑I employees a promotion …

DATTATRYA SHANKARBHAT AMBALGI & ORS.versusSTATE OF MAHARASHTRA & ORS.

1989 INSC 218Dismissed

The petitioners, owners of land in Sholapur, challenged the acquisition of their land under the Urban Land (Ceiling & Regulation) Act, 1976, arguing that the Act should not apply to land reserved for public purpose under the Maharashtra Regional and Town Planning Act, 1966 and that sections 10, 11 …

CAPT. B.V. D' SOUZAversusANTONIO FAUSTO FERNANDES

1989 INSC 219Appeal(s) allowed

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

SHANTILAL RAMPURIA & ORS.versusVEGA TRADING CORPORATION & ORS.

1989 INSC 220Appeal(s) allowed

The Supreme Court examined an eviction suit filed by the landlord against Vega Trading Corporation, which held over a lease originally dated 1948. Clause 6 of the lease allowed the tenant to sub‑let any unused portion, but after the West Bengal Premises Tenancy Act, 1956 came into force, the tenant …

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

1989 INSC 221Dismissed

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

PRAKASH ROADLINES (PVT.) LTD.versusUNION OF INDIA & ANOTHER

1989 INSC 222Dismissed

The appellant, a transporter, brought goods into Delhi without paying the required terminal tax and was levied a penalty of ten times the tax under Section 464 of the Delhi Municipal Corporation Act, 1957. He challenged the demand by filing a writ petition, but the Delhi High Court upheld the …

JAGDISH PARSAD SINHA & ORS.versusBHAGWAT PRASAD & ORS.

1989 INSC 223Dismissed

The Bihar State Government issued a notification on 18 November 1986 bifurcating the single Secondary Education Service cadre into separate cadres, allegedly to provide quicker promotional avenues for lower‑ranked teachers. The notification was challenged before the Patna High Court, which held that …

HARBANS LAL & ORS.versusSTATE OF HIMACHAL PRADESH & ORS.

1989 INSC 224Dismissed

The petitioners, daily‑rated carpenters employed by the Himachal Pradesh State Handicrafts Corporation, filed a writ petition under Article 32 seeking "equal pay for equal work" with regular government carpenters or, alternatively, the minimum wages fixed by the Deputy Commissioner. The respondents …

MAHABIR KISHORE & ORS.versusSTATE OF MADHYA PRADESH

1989 INSC 216Appeal(s) allowed

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

REET MOHINDER SINGH SEKHONversusMOHINDER PARKASH & ORS.

1989 INSC 217Appeal(s) allowed

The appellant, successor to the original mortgagor, filed a suit for redemption of a property mortgaged on 22 May 1886. The suit was filed on 28 December 1968, well after the 60‑year limitation under the Limitation Act, 1908, but the appellant argued that a sale deed dated 1 November 1913 contained …

RAMESH CHANDversusPRESCRIBED AUTHORITY & ANR.

1989 INSC 212Appeal(s) allowed

The tenant Ramesh Chand sought to enforce the landlord's promise to provide a new shop at reasonable rent and alternative accommodation after demolition of the existing premises. The landlord had obtained permission to file an eviction suit under the 1947 U.P. Rent Act, giving an …

ABDUL RAZAK NANNEKHAN PATHANversusPOLICE COMMISSIONER, AHMEDABAD & ANR.

1989 INSC 213Case Allowed

Abdul Razak challenged a detention order issued under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985, claiming the grounds were vague, irrelevant and violated Article 22(5) of the Constitution. The petitioner's grounds listed seven criminal cases and alleged use of deadly …

JAHANGIRKHAN FAZALKHAN PATHANversusPOLICE COMMISSIONER, AHMEDABAD & ANOTHER

1989 INSC 214Case Allowed

J.F. Pathan was detained on 12 October 1988 under Section 3(1) of the Gujarat Prevention of Anti‑Social Activities Act, 1985. He had earlier been detained in 1985 under the National Security Act and in 1986 under the same PASA Act, both orders later quashed by the Gujarat High Court. The detaining …

SMT. KASTURI (DEAD) BY L.RS.versusGAON SABHA

1989 INSC 215Dismissed

The plaintiff, SMT. Kasturi (deceased), sued Gaon Sabha for a declaration that the inclusion of her disputed property in the Gaon Sabha's land records under the Delhi Land Reforms Act, 1954 was void and that she was entitled to bhumidhari rights under section 11 of the Act. The trial court and the …

STATE OF MADHYA PRADESHversusNARAYAN SINGH & ORS.

1989 INSC 211Appeal(s) allowed

The State of Madhya Pradesh appealed the acquittal of lorry drivers, cleaners and a coolie who were intercepted while transporting fertiliser bags from Indore to Maharashtra without the permit required under the Fertiliser (Movement Control) Order, 1973. The trial court held that the prosecution had …

KOTAIAN AND ANR.versusPROPERTY ASSOCIATION OF BAPTIST CHURCHES (PVT.) LTD.

1989 INSC 208Appeal(s) allowed

The appellants, Kotaiyan and others, were recognized as protected tenants of agricultural lands originally held by Rev. Rutar Ford Padri and Vandru Padri. The lands were later transferred to the Property Association of Baptist Churches (Pvt.) Ltd. (the Association) without offering the tenants a …

SHREERAM FINANCE CORPORATIONversusYASIN KHAN AND OTHERS

1989 INSC 209Dismissed

Shreeram Finance Corporation, a partnership firm, sued Yasin Khan and his guarantor for breach of a hire‑purchase agreement after the latter defaulted on monthly hire charges. At the time of filing the suit (22 July 1968) the firm had recently altered its partnership composition: two partners had …

GOVERNMENT OF INDIAversusCITEDAL FINE PHARMACEUTICALS MADRAS & ORS. ETC. ETC.

1989 INSC 207Appeal(s) allowed

The respondents, manufacturers of medicinal preparations using alcohol tincture, failed to pay excise duty and obtain a licence under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955. The Commercial Tax Officer issued demand notices under Rule 12 of the 1956 Rules to recover the …

RATAN LAL ADUKIA & ANR.versusUNION OF INDIA

1989 INSC 206Dismissed

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

UNION OF INDIA & ORSversusNORTH TELUMER COLLIERY & ORS.

1989 INSC 204Appeal(s) allowed

The Union of India appealed against a Patna High Court order that held interest accruing under the Coal Mines (Nationalisation) Act, 1973 and the Coking Coal Mines (Nationalisation) Act, 1972 was to be paid exclusively to the former mine owners. The owners had filed writ petitions seeking that the …

GURDIAL BATRAversusRAJ KUMAR JAIN

1989 INSC 203Appeal(s) allowed

The appellant rented premises in Jalandhar to operate a cycle and rickshaw repair shop, but also sold televisions there temporarily for about seven months. The landlord sought eviction under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user. The Rent …

SUNDARJAS KANYALAL BHATIJA & ORS.versusCOLLECTOR, THANE, MAHARASHTRA & ORS.

1989 INSC 202Appeal(s) allowed

The Government of Maharashtra issued a draft notification under Section 3(3) of the Bombay Provincial Municipal Corporation Act, 1949 to create Kalyan Corporation by merging Kalyan, Ambarnath, Dombivali and Ulhasnagar. After receiving numerous objections, only the All India Sindhi Panchayat …

SMT. PUJARI BAIversusMADAN GOPAL

1989 INSC 198Appeal(s) allowed

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

UNION OF INDIA & ORS.versusH.N. KIRTANIA

1989 INSC 199Appeal(s) allowed

H.N. Kirtania, a Central Government officer holding a transferable post in the Regional Passport Office, Calcutta, was transferred to Jaipur. He refused to join the new posting, went on leave, and filed a writ petition in the Calcutta High Court challenging the transfer. The High Court granted an …

UNION OF INDIA & ORS.versusH.N. KIRTANIA

1989 INSC 200Appeal(s) allowed

The respondent, a Central Government officer, was transferred from Calcutta to Jaipur on 14 March 1985 and relieved of his Calcutta duties on 15 March 1985. He filed a writ petition in the Calcutta High Court seeking to stay the transfer and later obtained an interim injunction. The High Court …