BRATHI ALIAS SUKHDEV SINGHversusSTATE OF PUNJAB
1990 INSC 33231 October 1990Dismissed
Sukhdev Singh and his uncle Teja Singh were tried for the murder of Socha Singh under IPC sections 302 and 34. The trial court acquitted Teja Singh but convicted Sukhdev Singh, sentencing him to life imprisonment. On appeal, the Punjab & Haryana High Court re‑examined the evidence, held that the acquittal of Teja Singh…
M.C. MEHTAversusSTATE OF TAMIL NADU AND ORS.
1990 INSC 33331 October 1990Disposed off
M.C. Mehta filed a public‑interest writ petition under Article 32 challenging the employment of children in the hazardous match‑making and fireworks factories of Sivakasi, Tamil Nadu. The Supreme Court examined the constitutional mandate of Articles 39(f) and 45, which require protection of children from exploitation a…
UNION OF INDIA AND ANR.versusU.P. STATE WARE HOUSING CORPORATION
1990 INSC 33431 October 1990Dismissed
The Union of India, as the revenue authority, demanded advance tax from the U.P. State Ware Housing Corporation for the assessment year 1974-75, contending that the corporation's rental income from its godowns and warehouses was not exempt under Section 10(29) of the Income Tax Act, 1961. The corporation, created under…
TEK CHAND (DEAD) BY L.RS. AND ORS.versusUNION OF INDIA AND ORS. ETC.
1990 INSC 26231 August 1990Appeal(s) allowed
The appellants' lands in Delhi were acquired under a 1959 notification issued pursuant to Section 4 of the Land Acquisition Act, 1894. The Collector initially awarded Rs 2,000 per bigha as compensation; the District Court raised it to Rs 4,000‑5,000 per bigha, and the Delhi High Court further increased it to Rs 7,000 p…
U.P. JUNIOR DOCTORS' ACTION COMMITTEEversusDR. B. SHEETAL NANDWANI AND ORS.
1990 INSC 26331 August 1990Appeal(s) allowed
The Supreme Court examined a scheme in which a fabricated order allegedly issued by a Single Judge of the Allahabad High Court on 25 May 1990 was used to obtain a subsequent order from the Lucknow Bench directing cancellation of the competitive postgraduate medical entrance exam and admission of candidates on the basis…
DR. DINESH KUMAR AND ORS.versusMOTI LAL NEHRU MEDICAL COLLEGE, ALLAHABAD AND ORS.
1990 INSC 26431 August 1990IA disposed
The Supreme Court entertained an interlocutory application by the State of Uttar Pradesh and seven medical colleges seeking time to implement the Court's 1987 directions on admission to postgraduate medical courses. The Court held that the directions were clear, unambiguous and left no scope for confusion or a bona‑fid…
COAL MINES PROVIDENT FUND COMMISSIONERversusRAMESH CHANDER JHA
1990 INSC 2331 January 1990Appeal(s) allowed
The respondent filed a suit against the Coal Mines Provident Fund Commissioner without the notice required under Section 80 of the Code of Civil Procedure (CPC). The Commissioner contended that he was a "public officer" within the meaning of Section 2(17)(h) CPC, making the suit incompetent. The trial court and the Pat…
SURESH CHANDversusGULAM CHISTI
1990 INSC 2131 January 1990Appeal(s) allowed
The landlord Suresh Chand let a premises completed in 1967 to tenant Gulam Chisti and filed an eviction suit on 27 May 1972, before the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force on 15 July 1972. The tenant later deposited the arrears of rent and costs in September 1977, w…
GHAZIABAD SHEROMANI SAHKARI AVAS SAMITI LIMITED & ANR. ETC.versusSTATE OF U.P. & ORS. ETC.
1990 INSC 2231 January 1990Appeal(s) allowed
Five cooperative housing societies comprising low‑paid government servants had purchased land in Ghaziabad to build residential units for their members. The State later issued a notification under sections 4(1) and 17(1) of the Land Acquisition Act, 1894, to acquire the same land for the Ghaziabad Development Authority…
M. AHAMEDKUTTYversusUNION OF INDIA & ANR.
1990 INSC 2431 January 1990Appeal(s) allowed
M. Ahamedkuti was intercepted for smuggling gold and was granted bail on 12‑Feb‑1988. The Kerala Home Secretary later issued a detention order under COFEPOSA on 25‑Jun‑1988, which was executed on 2‑Aug‑1988. The appellant challenged the order on grounds of unexplained delays in passing and executing the order and, cruc…
JUMMAN KHANversusSTATE OF U.P.
1990 INSC 37230 November 1990Dismissed
MST. MOHINDEROversusKARTAR SINGH AND ORS.
1990 INSC 33130 October 1990Appeal(s) allowed
Santi, after being widowed twice, held the estate of her second husband Ditto as a life‑estate and executed a gift deed in 1955 in favour of her granddaughter Mohindero, the daughter of her illegitimate son Buta. The Hindu Succession Act, 1956 came into force on 17 June 1956 and Santi died intestate on 6 October 1956. …
ORIENT PAPER AND INDUSTRIES LTD. AND ANR. ETC. ETC.versusSTATE OF ORISSA AND ORS. ETC.
1990 INSC 33030 October 1990Dismissed
The contractors, Orient Paper and Straw Products, had exclusive licences to cut bamboo in government forests under contracts that were to expire in September 1989. The Orissa Forest Produce (Control of Trade) Act, 1981 and its subsequent amendments (1987 and 1989) together with notifications dated 21 September 1988 res…
RAM CHANDRA SINGH (DEAD) THROUGH LEGAL HEIRSversusSTATE OF U.P. AND OTHERS
1990 INSC 26130 August 1990Dismissed
The appellant, legal heirs of the deceased Ram Chandra Singh, challenged the inclusion of a parcel of land gifted by his father in 1971 in his holding for the purpose of determining surplus land under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, as amended in 1973 and 1975. The prescribed authori…
S.B. SARKAR AND ORS.versusUNION OF INDIA AND ORS.
1990 INSC 16630 April 1990Disposed off
The case concerned Station Masters (SMs) of the South Eastern Railway who claimed that the 1984 restructuring scheme, which applied alternative ‘I’ intended for a combined ASM/SM cadre, was wrongly applied to their zone where the cadre was separate prior to 1983. The appellants argued that the Chief Personnel Officer’s…
STATE OF PUNJAB AND ORS.versusNACHHATTAR SINGH
1990 INSC 16730 April 1990Appeal(s) allowed
Nachhattar Singh, a constable of the Punjab Police, was convicted under IPC sections 325 and 34 and sentenced to six months' rigorous imprisonment, leading to his dismissal from service. He filed a suit challenging the dismissal, which the trial court dismissed as barred by limitation; the First Appellate Court reverse…
STAR ENTERPRISES ETC. ETC.versusCITY AND INDUSTRIAL DEVELOPMENT CORPORATLON OF MAHARASHTRA LTD. & ORS.
1990 INSC 16530 April 1990Dismissed
Star Enterprises and other appellants submitted the highest monetary offers for lease of plots in response to a public tender issued by the City and Industrial Development Corporation (CIDC) of Maharashtra, a government company acting as a New Town Development Authority. The CIDC rejected these offers without providing…
DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, ANDHRA PRADESH, HYDERABAD AND ORS.versusK. RATNAGIRI
1990 INSC 11630 March 1990Appeal(s) allowed
The Director General of Police suspended Circle Inspector K. Ratnagiri pending prosecution for the death of a detainee in police lock‑up. The Andhra Pradesh Administrative Tribunal set aside the suspension, holding it invalid after six months and that the DGP lacked authority to suspend pending prosecution. On appeal, …
N.T. BEVIN KATTI ETC.versusKARNATAKA PUBLIC SERVICE COMMISSION AND ORS.
1990 INSC 11730 March 1990Appeal(s) allowed
The Karnataka Public Service Commission (KPSC) issued a notification on 23 May 1975 for recruitment of 50 Tehsildars, specifying reservation percentages and stating that selection would be made in accordance with the then‑existing rules. The Commission prepared a select list using the procedure laid down in the Governm…
ANDHRA STEEL CORPORATIONversusCOMMISSIONER OF COMMERCIAL TAXES IN KARNATAKA
1990 INSC 11530 March 1990Appeal(s) allowed
Andhra Steel Corporation, a dealer under the Karnataka Sales Tax Act, purchased iron scrap both within and outside Karnataka to manufacture steel products. The Act's Section 5(4) together with Schedule IV, Item 2 and Explanation II (applicable before 1‑April‑1978) exempted sales of steel semis made from scrap on which …
HIRA LAL AND ANOTHERversusGAJJAN AND OTHERS
1990 INSC 1930 January 1990Dismissed
The plaintiff, Hira Lal, claimed that his father was a sub‑tenant recorded in Khasra 1356 Fasli and had acquired adhivasi and sirdari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950, which extinguished the defendants' title. The trial court and the first appellate court rejected this claim, holding…
SMT. PATASIBAI & ORS.versusRATANLAL
1990 INSC 2030 January 1990Appeal(s) allowed
Motilal, the owner of Goyal Talkies, entered into a partnership with Ratanlal and later obtained a decree dissolving the partnership and ordering a refund after a compromise. Ratanlal subsequently filed a suit in 1980 seeking a declaration that the 1959 decree was a nullity and claiming possession of the talkies. The a…
KISHORE CHANDversusSTATE OF HIMACHAL PRADESH
1990 INSC 26029 August 1990Appeal(s) allowed
The appellant was convicted under sections 302, 201 and 34 of the IPC for the murder and concealment of Joginder Singh, based primarily on three pieces of circumstantial evidence: identification by two liquor‑shop owners, an extra‑judicial confession to a village pradhan, and the recovery of a saw blade under a Section…
YEDIDA CHAKRADHARARAO (DEAD) THROUGH HIS L.RS. & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS. ETC.
1990 INSC 11429 March 1990Dismissed
The petitioners, owners of agricultural land, had sold portions of their holdings under agreements of sale and had delivered possession to the purchasers in part performance, but no conveyance deed was executed. The issue was whether such land could be excluded from the owners' "holding" under Section 3(i) of the Andhr…
S.N. MUKHERJEEversusUNION OF INDIA
1990 INSC 25728 August 1990Dismissed
The appellant, a permanent commissioned officer, was tried by a General Court‑Martial for alleged fraud and misconduct and was dismissed from service. The findings and sentence were confirmed by the Chief of the Army Staff, and the appellant's post‑confirmation petition under section 164(2) of the Army Act was rejected…
S. HARCHARAN SINGHversusUNION OF INDIA
1990 INSC 25828 August 1990Disposed off
S. Harcharan Singh was contracted to perform hard‑rock cutting for a bridge project at a fixed rate of Rs 129 per 1,000 cft. The work required far more cutting than anticipated, and the contractor claimed a higher rate of Rs 200 per 1,000 cft for the additional work. The dispute over four claims was referred to arbitra…
STATE OF WEST BENGALversusATUL KRISHNA SHAW AND ANR.
1990 INSC 25928 August 1990Appeal(s) allowed
The State of West Bengal sought to acquire lands that had been recorded as "tank fisheries" under the West Bengal Estates Acquisition Act, 1953. The respondents, intermediaries, claimed exemption under Section 6(1)(e) which preserves rights to tank fisheries at the date of vesting. The Assistant Settlement Officer, aft…
VASHISHT NARAIN KARWARIAversusSTATE OF U.P. AND ANR.
1990 INSC 11328 March 1990Appeal(s) allowed
Vashisht Narain Karwaria was detained under Section 3(3) of the National Security Act, 1980 after a police report described him as a hardened criminal with a gang and alleged many pending cases, although only one case was on record. The detaining authority relied on these extraneous statements, which were not part of t…
SMT. YAMUNA MALOOversusANAND SWARUP
1990 INSC 6228 February 1990Appeal(s) allowed
The landlady obtained a limited tenancy for two years under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the tenant refused to vacate and the landlady applied for a warrant of possession. The tenant raised an objection to the validity of the limited tenancy only after the lease had lapsed.…
STATE OF KARNATAKA AND ORS.versusK.V. KHADER
1990 INSC 6328 February 1990Dismissed
The respondent, K.V. Khader, owned about 250 acres of forest land in Coorg that was originally granted to his ancestors with a patta indicating the timber had been "redeemed" (paid for). In 1918 the entry in the record of rights was altered to "unredeemed" by the Commissioner, leading the State to demand seigniorage be…
MUNICIPAL CORPORATION OF DELHIversusAJANTA IRON & STEEL CO. (PVT.) LTD.
1990 INSC 6428 February 1990Dismissed
The Municipal Corporation of Delhi (MCD), as the Delhi Electricity Supply Undertaking, disconnected the electricity supply to Ajanta Iron & Steel Co. while a suit for a prohibitory injunction was pending, without serving the notice required under the agreement (condition No. 36) and the Indian Electricity Act. Ajanta f…
BABU RAM GOPAL AND OTHERSversusMATHRA DASS
1990 INSC 6528 February 1990Appeal(s) allowed
The landlord filed an eviction suit under Section 13(2)(v) of the East Punjab Urban Rent Restriction Act, 1949, alleging that the tenant had ceased to occupy a shop for a continuous period of more than four months between 1969 and 1971. The lower courts upheld the eviction, holding that the tenant's temporary closure o…
JASWANT SINGHversusSTATE OF PUNJAB AND ORS.
1990 INSC 36827 November 1990Appeal(s) allowed
Jaswant Singh, a police constable, was dismissed by the Assistant Inspector‑General of Police under Punjab Police Rules on the ground that he threatened to obstruct any departmental enquiry and to harm witnesses. The authority invoked clause (b) of the second proviso to Article 311(2) of the Constitution, claiming it w…
MUNICIPAL CORPORATION OF GREATIOR BOMBAY AND ANR.versusINDIAN OIL CORPORATION LTD.
1990 INSC 36927 November 1990Appeal(s) allowed
The Municipal Corporation of Bombay leased a 17,279‑sq‑yd parcel of land to Indian Oil Corporation for 30 years, on which the latter erected six large petroleum storage tanks. The corporation assessed the tanks as rateable property and levied property tax, which the oil company contested, arguing that the tanks were ne…
PLASMAC MACHINE MANUFACTURING CO. PVT.LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY.
1990 INSC 37027 November 1990Dismissed
Plasmac Machine Manufacturing Co., a maker of injection moulding machines, also produced a part called "Tie Bar Nuts" which it initially classified under tariff item 68 (the residuary category). The Central Excise department directed re‑classification under item 52 (bolts and nuts) and the Collector of Central Excise i…
BHARUCH COCONUT TRADING CO. AND ORS.versusMUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD AND OTHERS.
1990 INSC 37127 November 1990Dismissed
The appellants imported and sold brown (watery) coconuts in Ahmedabad and challenged the municipal octroi levied on them, arguing that such coconuts are "green fruits" exempt under Item 10 of Rule 4 of the Ahmedabad Municipal Corporation Octroi Rules. The Supreme Court examined the ordinary commercial meaning of "green…
J.K. COTION SPG. AND WVG MILLS CO. LTD., KALPI ROAD, KANPURversusSTATE OF U.P. AND ORS.
1990 INSC 21327 July 1990Appeal(s) allowed
Ram Singh, employed by J.K. Cotton & WVG Mills since 1960, tendered a voluntary resignation on 1 November 1970 due to family circumstances, which the employer accepted effective 16 November 1970. After receiving his dues and gratuity, Singh filed an industrial dispute seeking reinstatement, alleging his resignation was…
ABRAHAM MATHAIversusSUB-COLLECTOR (LAND ACQ. OFFICER) AND ORS.
1990 INSC 21427 July 1990Dismissed
Abraham, the owner of land in Thottapuzhasseri, challenged a declaration under Section 6 of the Kerala Land Acquisition Act, 1961 that authorised acquisition of his land for a playground of M.M.A. High School. He argued that the acquisition was mala fide and that the declaration was invalid because the Education Depart…
AUTOMOBILE PRODUCTS OF INDIA EMPLOYEES UNIONversusASSOCIATION OF ENGINEERING WORKERS, BOMBAY AND ORS.
1990 INSC 11127 March 1990Dismissed
The Automobile Products of India Employees Union (appellant) and the Association of Engineering Workers, Bombay (respondent) contested the recognition of a trade union under the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. After a series of applications for cancellation and…
AWADH PRASAD SINGH AND ORS.versusSTATE OF BIHAR AND ORS.
1990 INSC 11227 March 1990Appeal(s) allowed
The case concerned the inter‑se seniority of Excise Inspectors in Bihar. The appellants were promoted to the post of Inspector of Excise in 1976 under a 5% quota reserved for promotion from Upper Division Assistants, which the State Government claimed applied to the 1974‑75 vacancy year. The respondents, promoted from …
ALL INDIA RAILWAY INSTITUTE EMPLOYEES' ASSOCIATION THROUGH THE GENERAL SECRETARYversusUNION OF INDIA THROUGH THE CHAIRMAN
1990 INSC 5827 February 1990Dismissed
The petition filed under Article 32 by an association of about 2,000 employees of railway institutes and clubs sought to have these workers treated on par with employees of statutory railway canteens. The petitioners argued that the institutes and clubs are integral parts of the railways, receive grants‑in‑aid and othe…
UNION OF INDIA AND ORS.versusM.P. SINGH AND ORS. ETC.
1990 INSC 6127 February 1990Dismissed
The case concerned the inter‑se seniority of officers in Class ‘A’ of the Indian Defence Estate Service who were promoted from two different streams – Assistant Military Estate Officers (AMEO) and Assistant Military Estate Officers (Technical) (AMEOT). AMEOT had been appointed on UPSC recommendation from 1964 but were …
VIJAY KUMAR SHARMA & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.
1990 INSC 5927 February 1990Dismissed
The petitioners, a group of contract carriage operators, were denied fresh permits under the Motor Vehicles Act, 1988 because the Karnataka Contract Carriages (Acquisition) Act, 1976 (ss. 14 and 20) barred any new applications and gave a monopoly to the State Transport Undertaking. They challenged the refusals before t…
M.M.R. KHAN AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC.
1990 INSC 6027 February 1990Appeal(s) allowed
The petitioners were workers in railway canteens classified as statutory, non‑statutory recognised, and non‑statutory non‑recognised. They sought to be treated as railway employees and to receive the same service conditions as other railway staff. The Court examined the statutory duty under Section 46 of the Factories …
ORISSA JUDICIAL SERVICES ASSOCIATION, CUTTACKversusSTATE OF ORISSA AND ANR.
1990 INSC 36726 November 1990Dismissed
The Orissa Judicial Services Association filed a writ petition under Article 32 challenging the constitutional validity of Rule 7 of the Orissa Superior Judicial Service Rules, 1963 and a 1987 notification for direct recruitment of advocates to the Superior Judicial Service. The petitioners argued that direct recruitme…
POLLISETTI PULLAMMA AND ORS.versusKALLURI RAMESWARAMMA AND ORS.
1990 INSC 32726 October 1990Appeal(s) allowed
The Supreme Court examined a dispute between tenants (appellants) and former landholders (respondents) over tenanted agricultural lands in former inam estates after the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 came into force. The landholders claimed the lands were private…
SUBHASH SHARMA AND OTHERSversusUNION OF INDIA
1990 INSC 32626 October 1990Disposed off
The Supreme Court entertained three public‑interest writ petitions under Article 32 seeking a mandamus directing the Union of India to fill vacancies in the Supreme Court and the High Courts. The Union initially claimed the issue was non‑justiciable, relying on S.P. Gupta v. Union of India, but later withdrew that obje…
COMMISSIONER OF INCOME TAX, DELHI CENTRALversusMODI SPINNING AND WEAVING MILLS CO. LTD.
1990 INSC 32826 October 1990Dismissed
The case concerned whether Modi Spinning and Weaving Mills Ltd. was entitled to an allowance of development rebate on plant and machinery installed after 1 January 1958, by complying with proviso (b) to section 10(2)(vib) of the Income‑Tax Act, 1922. The Allahabad High Court had held in favour of the assessee, but the …
MARINE TIMES PUBLICATIONS PVT. LTD.versusSHRIRAM TRANSPORT AND FINANCE CO. LTD. AND ANR.
1990 INSC 32926 October 1990Appeal(s) allowed
Marine Times Publications Pvt. Ltd., a member of a Maharashtra cooperative society, agreed to sell its office premises to Shriram Transport and Finance Co. Ltd., a non‑member, subject to the society’s approval. The society refused approval, prompting the buyer to file a suit in the Cooperative Court under Section 91 of…
SURYAKUMAR GOVINDJEEversusKRISHNAMMAL AND ORS.
1990 INSC 16326 April 1990Dismissed
The appellant and respondent entered into a lease in 1936 for vacant land, a well and a structure called a "kaichalai" to operate a petrol pump. The lease was repeatedly extended, and the lessor later sought eviction under the Tamil Nadu Buildings (Lease and Rent Control) Act, claiming demolition and denial of title. T…
ROHIT PULP AND PAPER MILLS LTD.versusCOLLECTOR OF CENTRAL EXCISE, BARODA
1990 INSC 16426 April 1990Appeal(s) allowed
Rohit Pulp and Paper Mills Ltd., a small-scale manufacturer using waste paper and cereal straw, sought the concessional excise rates under Notification No. 25 of 1984, which excluded "coated paper (including waxed paper)" from the benefit. The factory produced art paper and chromo paper, both coated varieties used for …
HINDI HITRAKSHAK SAMITI AND ORS.versusUNION OF INDIA AND ORS.
1990 INSC 5726 February 1990Dismissed as withdrawn
The petitioners, a language advocacy society and several students, filed a writ under Article 32 seeking a direction that pre‑medical and pre‑dental entrance examinations be conducted in Hindi and other regional languages, alleging that the exclusive use of English violated Article 29(2) of the Constitution. The respon…
MURLI MANOHAR AND CO. AND ANR.versusSTATE OF HARYANA AND ANR. ETC. ETC.
1990 INSC 32425 October 1990Appeal(s) allowed
The appellants, registered dealers in Haryana, bought raw materials without paying purchase tax under section 24 of the Haryana Sales Tax Act, used them to manufacture goods and sold the finished products to dealers who exported them. They claimed exemption from the purchase tax under section 9(1) on the ground that th…
GURMAIL SINGH AND ORS. ETC. ETC.versusSTATE OF PUNJAB AND ORS.
1990 INSC 32525 October 1990Disposed off
The appellants, tubewell operators employed by the Punjab Public Works Department, were retrenched after the State transferred all tubewells to the Punjab State Tubewell Corporation and abolished their posts. They challenged the termination notices under sections 25F(b) and 25F(c) of the Industrial Disputes Act and arg…
CHAIRMAN, SCHOOL OF BUDDHIST PHILOSOPHY, LEHversusMAKHAN LAL MATTO AND ANR.
1990 INSC 21225 July 1990Dismissed
The Board of Management of the School of Buddhist Philosophy, Leh, amended its 1973 recruitment rules in August 1978 to require that the Principal possess a specialised academic background in Buddhist Philosophy. After appointing Tashi Paljor under the revised criteria, M.L. Mattoo, who had been serving as Administrati…
MISS SHAINDA HASANversusSTATE OF UTTAR PRADESH AND ORS.
1990 INSC 15925 April 1990Dismissed
Karamat Husain Muslim Girls College, a Muslim minority institution, advertised a principal's post requiring a master's degree, five years teaching/administrative experience, and working knowledge of Urdu. Ms. Shainda Hasan, lacking the experience requirement, was selected after the selection committee relaxed that qual…
D. HANMANTH RAO AND ORS. ETC.versusSTATE OF A.P. AND ORS. ETC.
1990 INSC 15825 April 1990Dismissed
The petitioners, promotee Assistant Engineers of the Andhra Pradesh Roads & Buildings Engineering Service, challenged a seniority list prepared by the State Government after the Supreme Court’s direction in K. Siva Reddy’s case. The Court had ordered that as of 31 December 1982, 37.5% of substantive vacancies be filled…
UCO BANKversusHEM CHANDRA SARKAR
1990 INSC 16025 April 1990Dismissed
The plaintiff, a textile dealer, maintained a current account with UCO Bank and alleged an oral agreement that the bank would receive, store and deliver his goods, acting as his trustee or agent. He paid for the goods but the bank failed to deliver them, leading to a suit for damages and delivery. The trial court and H…
M.J. ZAKHARIA SAITversusT.M. MOHAMMED AND ORS.
1990 INSC 16125 April 1990Appeal(s) allowed
In the 1987 Kerala Legislative Assembly election, M.J. Zakharia (appellant) was declared elected over T.M. Mohammed (first respondent). The respondent filed an election petition alleging two corrupt practices: a pamphlet re‑printing a 1983 newspaper item and a wall‑poster accusing the respondent of murder, both claimed…
VIRENDER KUMAR, GENERAL MANAGER, NORTHERN RAILWAYS, NEW DELHIversusAVINASH CHANDRA CHADHA AND ORS.
1990 INSC 16225 April 1990Appeal(s) allowed
The case concerned Traffic Apprentices in the Indian Railways who claimed that their seniority in the newly formed cadre of "Relieving Transportation Assistants" had not been fixed according to the 25:75 quota‑rota rule, and that they were therefore entitled to promotions beyond Class‑II and to retrospective payment of…
MUNICIPAL CORPORATION, JABALPURversusKRISHI UPAJ MANDI SAMITI AND ANR.
1990 INSC 1725 January 1990Appeal(s) allowed
The Jabalpur Municipal Corporation levied property, sanitation, water, electricity and development taxes on buildings within a market (Mandi) administered by the Krishi Upaj Mandi Samiti, which claimed the corporation lacked jurisdiction. The corporation commenced recovery proceedings; the Samiti filed a petition under…
DUTTA CYCLE STORES & ORS.versusSMT. GITA DEVI SULTANIA & ORS.
1990 INSC 1825 January 1990Appeal(s) allowed
The widowed plaintiff and her children sued Dutta Cycle Stores for eviction under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, alleging arrears of rent for February 1974 and May‑August 1974. The trial court and the appellate courts found that rent for May‑June 1974 was unpaid an…
CENTRAL BOARD OF DIRECT TAXES AND ANR.versusDR. O.N. TRIPATHI AND ORS.
1990 INSC 32324 October 1990Appeal(s) allowed
Dr. O.N. Tripathi and Shri Sinha, direct‑recruit Income Tax Officers, Class‑I, claimed that they were not promoted to Assistant Commissioner in accordance with the seniority list prepared under the Supreme Court directions in Bishan Sarup Gupta and Majji Jangamayya cases. The Central Administrative Tribunal quashed the…
STATE BANK OF INDIAversusWORKMEN OF STATE BANK OF INDIA AND ANR.
1990 INSC 25424 August 1990Appeal(s) allowed
The State Bank of India dismissed a clerk after a departmental inquiry found him guilty of several acts of misconduct. The bank invoked paragraph 521(10)(c) of the Shastri Award, discharging him on payment of one month's salary in lieu of notice, and claimed this was not a disciplinary action. The Union raised an indus…
KUMARI APARNA SHRIKANT BHAYEversusSTATE OF MAHARASHTRA AND ORS.
1990 INSC 25324 August 1990Dismissed
The petitioner, Aparna Shrikant Bhaye, applied for admission to a medical college claiming she belonged to the Scheduled Tribe (ST) of Mahadeo Koli and submitted caste certificates and her father's school records. The Scrutiny Committee, tasked with verifying ST claims, rejected her application, relying on a 1945 prima…
SHARP BUSINESS MACHINES PVT. LTD., BANGALOREversusCOLLECTOR OF CUSTOMS, BANGALORE
1990 INSC 25524 August 1990Dismissed
Sharp Business Machines Pvt. Ltd., a small‑scale copier manufacturer, imported copiers in SKD/CKD form and declared a total value of Rs 99,612. The Collector of Customs, relying on quotations submitted with the licence application, valued the goods at Rs 7,15,485, held that the company had misdeclared the value and the…
CHAUDHARY KESAVA RAO AND ORS. ETC.versusSTATE OF ANDHRA PRADESH
1990 INSC 25624 August 1990Dismissed
The Andhra Pradesh Government promulgated the Revised Pension Rules, 1980, creating two categories of pensioners: Part I for those retiring on or after 29 October 1979 and Part II for those who retired between 1 April 1978 and 28 October 1979. The petitioners, who fell in Part II, alleged that the differential treatmen…
DR. LAKSHMANSINGH HIMATSINGH VAGHELEversusNARESH KUMAR CHANDRASHANKAR JHA AND ANR.
1990 INSC 21124 July 1990Dismissed
Dr. Lakshmansinh Vaghele, a Laboratory Officer of the Ahmedabad Municipal Corporation, was appointed by the State Government as a Public Analyst under the Food Adulteration Act. A complaint was filed against him alleging offences under IPC sections 465, 468 and 201 for acts committed while performing his duties as Publ…
HIND BUILDERS ETC.versusUNION OF INDIA AND VICE-VERSA
1990 INSC 15324 April 1990Appeal(s) allowed
The contractors (Hind Builders) were awarded Rs.57,47,198 by two arbitrators for work on the Metro Railway Project, including Rs.6,76,540 as interest. The Calcutta High Court reduced the award on two grounds: the amount for earth consolidation (item c(xii)) and the period for pendente lite interest. The Supreme Court h…
UNION OF INDIA AND ORS.versusM/S WOOD PAPERS LTD. AND ANR
1990 INSC 15424 April 1990Appeal(s) allowed
The respondent, a paper manufacturing company established in 1942, sought exemption from central excise duty on its packing and wrapping paper under Notification No. 163/1965. It asked whether the exemption applied to production based on its installed capacity as of 1967 as well as to the additional capacity added late…
DR. YOGESH BHARDWAJversusSTATE OF U.P. AND ORS.
1990 INSC 15524 April 1990Appeal(s) allowed
Dr. Yogesh Bhardwaj, nominated by Himachal Pradesh to study B.D.S. in Uttar Pradesh, completed the course and lived in the state for over five years. He later applied for an M.D.S. seat but was denied his preferred subject because the authorities held he was not a "bona fide resident" of Uttar Pradesh under the 1983 No…
RAM EKBAL SHARMAversusSTAIB OF BIHAR & ANR.
1990 INSC 15624 April 1990Appeal(s) allowed
R.E. Sharma, a senior Bihar government officer with a 30‑year exemplary record, was compulsorily retired under Rule 74(b)(ii) of the Bihar Service Code on the ground of public interest after turning 50. Sharma contended that the retirement was a punitive measure based on alleged financial irregularities, that he was de…
N. NAGARAJA ETC.versusVASANT K. GUDODAGI AND ORS.
1990 INSC 15724 April 1990Dismissed
N. Nagaraja, originally a Lecturer, was deputed to the Karnataka Directorate of Youth Services, confirmed as Assistant Director and temporarily promoted to Deputy Director on 27 March 1978 for six months. A regular promotion order was issued on 20 October 1978, followed by a retrospective order on 22 December 1978 that…
P.V.G. RAJU GARUversusSTATE OF ANDHRA PRADESH
1990 INSC 1624 January 1990Dismissed
The State Government took over a hospital that was run by the Zamindar of an impartible estate and claimed recovery of endowment amounts (Rs 1,00,000 for the hospital and Rs 1,00,000 for a charitable fund) with interest at 6% per annum from the compensation paid on abolition of the estate under the Andhra Pradesh (Andh…
SUTLEJ COTTON MILLS LTD.versusCOMMISSIONER OF INCOME TAX, WEST BENGAL III, CALCUTTA
1990 INSC 32023 October 1990Dismissed
Sutlej Cotton Mills Ltd., a British India resident company, sold cloth in both British India and native states. For the years 1945-46 to 1947-48 it was taxed under Section 42(3) of the Income Tax Act, 1922 on one‑third of the profit from native‑state sales as deemed accrued in British India, and also under Section 14(2…
UNION OF INDIA AND ORS.versusDEV RAJ GUPTA AND ORS.
1990 INSC 32123 October 1990Appeal(s) allowed
The Union of India leased a parcel of land at 20 Barakhamba Road to various lessees who later sought to convert its use from residential to commercial. The lessees sent several letters enquiring about charges, but only on 27 February 1981 did they file a proper application in the prescribed form signed by all co‑lessee…
BIKANER GYPSUMS LTD.versusCOMMISSIONER OF INCOME TAX, RAJASTHAN
1990 INSC 31923 October 1990Appeal(s) allowed
Bikaner Gypsums Ltd., a mining company, held a lease for gypsum extraction but the railway had encroached on the leased land, obstructing mining. The parties negotiated a cost‑sharing arrangement for shifting the railway, and the company paid Rs 3 lakh of the total Rs 12 lakh expense. The company claimed a deduction of…
S.P. DUBEYversusM.P.S.R.T. CORPN. AND ANR.
1990 INSC 32223 October 1990Appeal(s) allowed
S.P. Dubey joined a private transport company in 1947 where the superannuation age was 60. The company was taken over by the Madhya Pradesh Government on 31 August 1955 with a notification assuring that existing staff would not be adversely affected in their terms of service. When the staff were transferred to the Madh…
UNION TERRITORY OF GOA, DAMAN AND DIU AND ANR.versusLAKSHMIBAI NARAYAN PATIL ETC. ETC.
1990 INSC 21023 July 1990Appeal(s) allowed
The case concerned the constitutional validity of the Goa, Daman and Diu Agricultural Tenancy (5th Amendment) Act, 1976, which replaced Chapter III of the 1964 Tenancy Act with Chapter IIA, vesting land in tenants-in-possession for a price and removing landlords' limited right of personal cultivation. Landlords challen…
SMT. SHANTI DEVI L. SINGH AND ANR.versusTAX RECOVERY OFFICER AND ORS.
1990 INSC 15223 April 1990Appeal(s) allowed
The petitioners purchased immovable property at auction sales conducted by the Tax Recovery Officer (TRO) for recovery of income‑tax and were issued certificates of sale. They approached the Sub‑Registrar to register the certificates, but the Sub‑Registrar and the Collector of Stamps refused unless stamp duty was paid.…
D.N. AGRAWAL AND ANR.versusSTATE OF MADHYA PRADESH AND ORS.
1990 INSC 10823 March 1990Dismissed
The appellants, originally appointed as Overseers and later as Junior Engineers in the Madhya Pradesh Public Works Department, were promoted on an ad hoc basis to Assistant Engineer on July 22, 1971 under the proviso to Rule 19(1) of the 1969 Recruitment Rules because of an administrative exigency. They later qualified…
KISHAN LAL AND ORS.versusSTATE OF RAJASTHAN & ORS.
1990 INSC 10923 March 1990Dismissed
The petitioners challenged the Rajasthan Agricultural Produce Markets Act, 1961 on the ground that the State legislature lacked competence to levy market fees on items such as khandsari, shakkar, gur and especially sugar, arguing that sugar is a commodity of public importance under the Union List and that it is a mill …
STATE OF PUNJAB AND ORS. ETC. ETC.versusJOGINDER SINGH AND ORS. ETC. ETC.
1990 INSC 11023 March 1990Appeal(s) allowed
The respondents, convicted prisoners, filed writ petitions seeking premature release on the ground that the note appended to paragraph 631 of the Punjab Jail Manual had statutory force and thus overrode the State Government's executive instructions of 1971 and 1976 that modified paragraph 516‑B. The High Court accepted…
COMMITTEE FOR PROTECTION OF RIGHTS OF ONGC EMPLOYEES AND ORS.versusOIL AND NATURAL GAS COMMISSION THROUGH ITS CHAIRMAN- TEL BHA VAN DEHRADUN AND ANR.
1990 INSC 10523 March 1990Dismissed
The petitioners, former temporary employees of the Oil and Natural Gas Commission (ONGC) who were absorbed into the statutory body after the ONGC Act, 1959, claimed a right to a pension in addition to the benefits of the Contributory Provident Fund (CPF). They relied on Section 13(1) of the ONGC Act and Regulation 3(2)…
KRISHNA SAHAI & ORS.versusSTATE OF U.P. & ORS.
1990 INSC 10623 March 1990Disposed off
The petitioners filed a writ petition in the Allahabad High Court challenging the requirement to approach the Uttar Pradesh Public Services Tribunal (UP PST) for a service dispute, arguing that the Tribunal could not grant interim relief. The State contended that the Tribunal provided an alternative remedy, rendering t…
RAJENDRA SINGH YADAV AND ORS.versusSTATE OF U.P. AND ORS.
1990 INSC 10723 March 1990Disposed off
SOM RAJ AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.
1990 INSC 5323 February 1990Dismissed
The appellants, employees of the subordinate offices of the Directorates of Agriculture in Punjab and Haryana, sought a direction that they be treated on par with Directorate employees by maintaining a common seniority, arguing that their qualifications, pay scales and selection processes were identical. The High Court…
THE DHARWAD DISTT. P.W.D. LITERATE DAILY WAGES EMPLOYEES ASSOCIATION & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.
1990 INSC 5423 February 1990
The petitioners, comprising trade unions, a law‑students' society and two individuals, sought quashing of the Karnataka Government's 12‑March‑1982 notification and directions to regularise about 50,000 daily‑rated and monthly‑rated employees as regular government servants with equal pay. They argued that the employees,…
S. PRAKASHA RAO AND ANR.versusCOMMISSIONER OF COMMERCIAL TAXES AND ORS.
1990 INSC 5523 February 1990Dismissed
SRISH KUMAR CHOUDHURYversusSTATE OF TRIPURA AND ORS.
1990 INSC 5623 February 1990Dismissed
The appellant, S.K. Choudhury, claimed that the Laskar community of Tripura was historically treated as a Scheduled Tribe and should continue to enjoy reservation benefits. He relied on two pre‑independence circulars and a census report to argue that the Laskar class formed part of the “Deshi Tripura” group, which he s…
INDIAN METALS AND FERRO ALLOYS LTD. CUTTACKversusCOLLECTOR OF CENTRAL EXCISE, BHUBANESHWAR
1990 INSC 36622 November 1990Appeal(s) allowed
Indian Metals and Ferro Alloys Ltd., a manufacturer of iron and steel pipes, tubes and poles, claimed that its poles were assessable under tariff item 26AA (pipes and tubes) and were exempt from excise duty under a notification. After the introduction of a residuary tariff item 68 in 1975, the revenue re‑classified the…
STATE OF MAHARASHTRA AND ORSversusMOHAMMED SALIM KHAN AND ORS
1990 INSC 36522 November 1990Appeal(s) allowed
The Maharashtra Government appointed all Assistant Commissioners of Police in Greater Bombay as Special Executive Magistrates (SEMs) under a 1974 notification and later conferred on them the powers of an Executive Magistrate under Section 107 of the CrPC by a 1976 notification. A complaint was lodged against several pe…
KARNANI PROPERTIES LTD.versusSTATE OF WEST BENGAL AND ORS.
1990 INSC 25022 August 1990Dismissed
Karnani Properties Ltd., a real‑estate company that lets premises and provides services such as electricity, water, cleaning and lift maintenance, was referred to an Industrial Tribunal over a dispute concerning wages, dearness allowance and gratuity. The company challenged the Tribunal’s award on the grounds that it d…
M.B. MAJUMDARversusUNION OF INDIA
1990 INSC 24722 August 1990Dismissed
M.B. Majumdar, a Judicial Member of the Central Administrative Tribunal (CAT), filed a writ petition under Article 32 alleging that the CAT members were discriminated against in pay and superannuation age compared to the Vice‑Chairman and High Court judges, invoking the principle of "equal pay for equal work" and Artic…
RAM BHAWAN SINGH AND ORS.versusJAGDISH AND ORS.
1990 INSC 25122 August 1990Dismissed
The dispute concerned two plots of land in which the respondents, descendants of Ram Dayal, claimed tenancy rights based on a deed dated 30 July 1945 and entries in the Khatauni. The appellants contended that an earlier deed of 23 November 1943, and a subsequent deed of 2 August 1945, gave them a valid lease under Sect…
VINAYA KUMAR SHUKALversusLAKHPAT RAM AND ANOTHER
1990 INSC 25222 August 1990Appeal(s) allowed
Vinaya Kumar Shukal, the owner of a plot let to Lakhat Ram in 1957 at a rent of Rs.170 per annum, sought fixation of a new rent under Section 29-A of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after a building was erected on the land. The Delegated Authority rejected the application, …
NAGRI PRACHARINI SABHA AND ANR.versusVTH ADDL. DISTT. AND SESSIONS JUDGE, VARANASI AND ORS.
1990 INSC 24822 August 1990Dismissed
The Nagri Praccharini Sabha, a society registered under the Societies Registration Act, 1860, was sued by five of its members in a civil court challenging the election of its managing committee and seeking rendition of its accounts. The society contended that Sections 23 and 25 of the Act barred the suit. The Supreme C…
JAMSHEDPUR CONTRACTORS' WORKERS' UNIONversusSTATE OF BIHAR AND ORS.
1990 INSC 24922 August 1990Disposed off
Contract workers employed by Tata Iron and Steel Company, Jamshedpur, performed permanent and regular tasks before 11‑Feb‑1981 and sought permanent employment with the principal employer. The Bihar Government referred the dispute to the Industrial Tribunal under s.10 of the Industrial Disputes Act. The Tribunal held th…
DR. V.L. CHANDRA AND ORS. ETC.versusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.
1990 INSC 10022 March 1990Disposed off
The petitioners, long‑serving researchers at the All India Institute of Medical Sciences (AIIMS), challenged the termination of their services after the completion of research projects, alleging that they were entitled to continued employment given their 10‑15 years of service and advanced age which limited other job p…
A.M. MATHURversusPRAMOD KUMAR GUPTA
1990 INSC 10322 March 1990Appeal(s) allowed
The Supreme Court allowed an appeal by A.M. Mathur, former Advocate General of Madhya Pradesh, against a High Court order in which Justice B.M. Lal had dismissed a review petition and made disparaging remarks about Mathur's conduct. The Court held that such derogatory comments were unwarranted, lacked jurisdiction, and…
MANJEET SINGH, UDC AND ORS. ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.
1990 INSC 10122 March 1990Appeal(s) allowed
The Employees State Insurance Corporation (ESIC) prepared a panel to recruit Insurance Inspectors through a written test and interview, but did not prescribe a pass mark for the interview and applied a 40% cut‑off. Unsuccessful candidates challenged the rejection, while successful candidates sought appointment orders, …
STATE (THROUGH CBI/NEW DELHI)versusS.J. CHOUDHARY
1990 INSC 10422 March 1990Matter referred to larger bench
The State, represented by the CBI, appealed against a High Court order that barred the prosecution from examining a forensic document expert, S.K. Gupta, whose opinion linked a typewritten slip on a grenade parcel to a specific college typewriter. The issue centered on whether an expert's opinion on typescript falls wi…
V.R. KATARKIversusSTATE OF KARNATAKA AND ORS.
1990 INSC 10222 March 1990Dismissed
V.R. Katarki, a Civil Judge of the Karnataka Judicial Service, was dismissed by the High Court for alleged irregularities in land‑acquisition cases, including writing premature letters to the Land Acquisition Officer, fixing inflated land valuations, using order‑sheets printed by a private advocate, and purchasing a pu…
BUDHAversusAMILAL
1990 INSC 39721 December 1990Appeal(s) allowed
The appellant, a former biswedar, sought redemption of two agricultural lands that had been mortgaged to the respondent. The lands were mortgaged before the Rajasthan Zamindari and Biswedari Abolition Act, 1959 came into force. The respondent contended that, under the Act, all rights in the lands vested in the State an…
S.D. SONIversusSTATE OF GUJARAT
1990 INSC 39821 December 1990Dismissed
The appellant S.D. Soni was married to Varsha, who was found dead in their matrimonial home. The defence claimed suicide, citing a note (Exh. 80) and alleged poisoning, while the prosecution alleged homicide, pointing to internal injuries to the pancreas and spleen and a fabricated suicide note. The Court held that the…
CHIEF OF ARMY STAFF AND ORS.versusMAJOR S.P. CHADHA
1990 INSC 39921 December 1990Appeal(s) allowed
The respondent, a Lt. Colonel of the Indian Army, was attached to another unit, made to relinquish his acting rank and suspended while disciplinary proceedings were pending for alleged torture leading to a soldier’s death. The Army opted to try him before a General Court‑Martial, but the court‑martial could not proceed…
SIMHADRI SATYA NARAYANA RAOversusM. BUDDA PRASAD AND ORS.
1990 INSC 40021 December 1990Dismissed
The appellant was declared elected to the Andhra Pradesh Legislative Assembly on 26 November 1989. An election petition challenging his election was filed on 15 January 1990, after the 45‑day limitation under Section 81 of the Representation of the People Act, 1951 had expired on 10 January because the High Court was o…
K.V. SWAMYNATHAN AND ORS.versusE.V. PADMANABHAN AND ORS.
1990 INSC 40121 December 1990Dismissed
The appellants, sons of K.S. Vaiyapuri Chettiar, claimed ownership of six house doors in Town Survey No. 666/2 based on sale deeds executed in the 1940s and a decree for specific performance. The respondents, occupying the doors, argued that they held the property by long‑term permissive leases and had acquired title b…
STATE OF HARYANA AND ORSversusCH. BHAJAN LAL AND ORS.
1990 INSC 36321 November 1990Disposed off
The State of Haryana filed a special leave appeal after the Punjab and Haryana High Court quashed a First Information Report (FIR) that had been lodged on a complaint alleging that former Chief Minister Ch. Bhajan Lal had amassed wealth through corrupt means. The Supreme Court examined whether the allegations disclosed…
RAMPUR DISTILLERY AND CHEMICALS CO. LTD.versusCOMMISSIONER OF INCOME-TAX, LUCKNOW
1990 INSC 36421 November 1990Appeal(s) allowed
Rampur Distillery, a limited company, claimed that a dividend in specie (shares of Dalmia Cement) declared by two sugar companies in January 1952 should be taxed in the 1952‑53 assessment year. The dividend was declared and the shares were placed with trustees for distribution, but an injunction delayed actual transfer…
SHAM SUNDERversusPURAN AND ANR.
1990 INSC 29821 September 1990Disposed off
The dispute arose when the respondents, armed, attacked Partap Singh after a protest over burnt sugarcane damaging his wheat crop, leading to his death. The trial court convicted the respondents under section 302 IPC (murder) and sentenced them to life imprisonment. The High Court, however, acquitted them of murder, co…
GURBAX SINGH S/O CHANDA SINGHversusFINANCIAL COMMISSIONER AND ANR.
1990 INSC 29621 September 1990Appeal(s) allowed
The appellant, a retired army subedar and displaced person, bought a 7‑kanal parcel of land in a public auction in 1967 and was issued a sale certificate in 1973, making him the legal owner under the Displaced Persons Compensation and Rehabilitation Rules. The second respondent, also a displaced person, claimed continu…
SAMRAT INTERNATIONAL (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD
1990 INSC 29521 September 1990Appeal(s) allowed
Samrat International, a manufacturer of hacksaw and bandsaw blades, filed a classification list with an incorrect duty rate and later revised it. While awaiting approval of the list, it cleared goods under the self‑removal procedure, debiting duty in its personal ledger. It claimed a refund of excess duty for the perio…
INDIAN METALS AND FERRO ALLOYS LTD.versusUNION OF INDIA AND ORS.
1990 INSC 29721 September 1990Disposed off
The Supreme Court examined applications for mining leases of chromite in Orissa, focusing on the Rao report prepared by the Secretary of the Ministry of Mines. It held that the Rao report is a decision of the Central Government under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957, and there…
KRISHNA KISHORE FIRMversusGOVT. OF. A.P. AND OTHERS
1990 INSC 29921 September 1990Appeal(s) allowed
The appellant, K. Krishna Kishore Firm, had been operating a cinema under a lease that was due to expire in 1976. Before the lease ended, one co‑lessor of the landowner entered into an agreement of sale and a lease of his share with the appellant, who then sought renewal of its cinema licence under the Andhra Pradesh C…
RAMESH CHANDRAversusSHIV CHARAN DASS AND ORS.
1990 INSC 30021 September 1990Dismissed
The appellant's father bought a house with a condition that the sellers could repurchase it after five years and allowed them to remain in possession under a rent note. After the five-year period, the appellant filed a suit for arrears of rent and ejectment against the sellers (defendant No.1) and two relatives (defend…
SOHAN LAL AND ORS.versusSTATE OF RAJASTHAN
1990 INSC 24021 August 1990Appeal(s) allowed
An FIR was lodged alleging that the appellants stone‑pelleted an informant’s house, causing damage and injuring three women. The Judicial Magistrate discharged two appellants (Vijya Bai and Jiya Bai) of all charges and limited the remaining three appellants (Sohan Lal, Padam Chand and Vishnu) to a charge under s. 427 I…
VASANTKUMAR RADHAKISAN VORAversusBOARD OF TRUSTEES OF THE PORT OF BOMBAY
1990 INSC 24121 August 1990Dismissed
V. R. Vora, a tenant of a room owned by the Bombay Port Trust, was served a quit notice under Section 106 read with Section 111(h) of the Transfer of Property Act, terminating his lease effective 28 February 1975. While the notice period was running, the Major Port Trusts Act, 1963 (a Central Act) was applied to the Po…
INDIA CEMENT LTD. ETC.versusUNION OF INDIA AND OTHERS
1990 INSC 23821 August 1990Dismissed
The appellants, cement manufacturers, challenged the 1969 amendment to the Cement Control Order which fixed a uniform retention price of Rs.100 per tonne for all cement producers, arguing it violated Article 14 by treating unequal producers alike. The Supreme Court examined whether the Central Government, exercising po…
H.S.S.K. NIYAMI AND ORS.versusUNION OF INDIA AND ANR.
1990 INSC 24221 August 1990Dismissed
Two sugar factories in North Mysore challenged the constitutional validity of Section 3(3C) of the Essential Commodities Act, 1955 and a 1966 government notification that placed them in Zone 1 for sugar price fixation, alleging loss and denial of a notice‑hearing. The factories argued that the zoning violated their fun…
PRINCIPAL, MOTI LAL NEHRU MEDICAL COLLEGE AND ORS. ETC. ETC.versusDR. VANDANA SINGH AND ORS. ETC ETC.
1990 INSC 24321 August 1990Disposed off
The M.L.N. Medical College had eight postgraduate seats in Obstetrics and Gynecology, six reserved for institutional candidates and two for external candidates. The principal admitted all eight seats to institutional candidates, ignoring the external applicant Dr. Vandana Singh. The Allahabad High Court set aside the a…
DR. SURESH CHANDRA VERMA AND ORS.versusCHANCELLOR, NAGPUR UNIVERSITY AND ORS.
1990 INSC 24421 August 1990Dismissed
The Nagpur University issued an employment notice for 77 teaching posts, indicating reservations only by category and not by subject. Selection committees recommended candidates, but the Executive Council later set aside 17 posts as reserved and made temporary appointments. The High Court quashed the notice and appoint…
DR. HARIHAR PRASAD SINGH AND ORS.versusPRINCIPAL, M.L.N. MEDICAL COLLEGE ALLAHABAD AND OTHERS.
1990 INSC 24521 August 1990Dismissed
The appellants, junior doctors who were on house‑job on 22‑Aug‑1989, had been admitted to the second year of a postgraduate degree course under the Uttar Pradesh "Residency Scheme" which was given retrospective effect from 1‑Aug‑1987. The High Court, hearing writ petitions by other doctors, held that clause 5 of the sc…
STATE OF ANDHRA PRADESH AND V. RANGA RAO AND ORS.versusK. RANGANATHAN AND ORS. AND THE STATE OF ANDHRA PRADESH AND ORS.
1990 INSC 24621 August 1990Appeal(s) allowed
The appellants and respondents were Junior Engineers in the Andhra Pradesh Electricity Subordinate Service who, after exercising an option, were transferred to the State Electricity Board on 1 Oct 1973. Their seniority list, prepared by the State Public Service Commission, was pending revision and was later altered by …
AYUB @PAPPU KHAN NAWAB KHAN PATHANversusS.N. SINHA AND ANR.
1990 INSC 23921 August 1990Appeal(s) allowed
The petitioner, Ayub, was detained under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on grounds that he was a "bootlegger" and a "dangerous person" involved in several offences. The petition challenged the detention, arguing that the detaining authority had not applied its mind and that t…
MANIBHAIversusHEMRAJ
1990 INSC 9721 March 1990Appeal(s) allowed
The case concerned the alienation of ancestral joint Hindu family property by Beni Ram, the father, who mortgaged the property to satisfy a personal loan of Rs.5,500 and later reconveyed it, selling portions to Manibhai and to Vithal and Vishwanath. The plaintiffs, Beni Ram's minor sons and wife, challenged the validit…
RAJ KUMAR KARWALversusUNION OF INDIA AND ORS.
1990 INSC 9821 March 1990Dismissed
The Department of Revenue Intelligence (DRI) intercepted a truck carrying a large quantity of hashish and, during the investigation, obtained confessional statements from Raj Kumar Karwal and Kirpal Mohan Virmani. The appellants argued that these statements should be excluded under Section 25 of the Evidence Act becaus…
KM. NEELIMA MISRAversusDR. HARINDER KAUR PAINTAL AND ORS.
1990 INSC 9921 March 1990Appeal(s) allowed
The appellant, Neelima Misra, applied for the post of Reader in Psychology at Lucknow University. The Selection Committee, after evaluating qualifications, experience, interview performance and a high‑standard published work (an alternative to a Ph.D.), recommended her appointment. The Executive Council disagreed, clai…
KERALA HOTEL & RESTAURANT ASSOCIATION AND ORS. ETC. ETC.versusSTATE OF KERALA AND ORS.
1990 INSC 5221 February 1990Dismissed
The Supreme Court examined the constitutional validity of provisions in the Kerala and Tamil Nadu General Sales Tax Acts that taxed cooked food sold in luxury or star‑rated hotels while exempting the same in modest eating houses. Hoteliers challenged the classification as hostile discrimination violating Article 14. Th…
MRS. MALATI RAMCHANDRA RAUT AND ORS.versusMAHADEVO VASUDEO JOSHI AND ORS.
1990 INSC 39320 December 1990Appeal(s) allowed
In a partition suit, the plaintiffs (holding two‑thirds) sought sale of undivisible property and the defendants (holding one‑third) applied under Section 3 of the Partition Act, 1893 to purchase the plaintiffs' shares. The dispute centered on the appropriate date for valuing those shares—whether it should be the date t…
ADDITIONAL SECRETARY TO THE GOVERNMENT OF INDIA AND ORS .versusSMT. ALKA SUBHASH GADIA AND ANR.
1990 INSC 39220 December 1990Appeal(s) allowed
The Supreme Court examined a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against the husband of Smt. Alka Subhash Gadia, who could not be served with the order because he was absconding. The wife filed a writ petition challenging both the…
TOSHIBA ANAND BATTERIES LTD. ANAND HOUSE, COCHINversusCOLLECTOR OF CUSTOMS, COCHIN
1990 INSC 39420 December 1990Dismissed
Toshiba Anand Batteries Ltd imported electrolytic manganese dioxide (91% purity) for dry‑battery manufacture and argued that it should be classified under heading 25.01/32(3) of the Customs Tariff Act, 1975, which covers battery‑grade manganese dioxide in its crude or mechanically purified form and would not attract co…
ANAND BIHARI AND ORSversusRAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH ITS MANAGING DIRECTOR AND ANR. ETC.
1990 INSC 39520 December 1990Disposed off
The Supreme Court examined the termination of several RSRTC drivers who, after long service, developed defective or sub‑normal eyesight due to occupational hazards. The corporation dismissed them as unfit to drive, and the drivers challenged the dismissals as illegal retrenchment under Section 2(00)(c) of the Industria…
T.N. RUGMANI AND ANOTHERversusC. ACHUTHA MENON AND ORS.
1990 INSC 39620 December 1990Appeal(s) allowed
The Kerala Municipal Council framed a West Road scheme in 1976 which lapsed because it was not published within two years. After the Trichur Urban Development Authority (TUDA) was created in 1981, it failed to act, leaving land owners, including the petitioners, unable to obtain construction permission. The State Gover…
DARSHAN SINGH AND ANR. ETC. ETC.versusRAM PAL SINGH AND ANR. ETC. ETC.
1990 INSC 36120 November 1990Dismissed
The appellants were contesting alienations of immovable property under the Punjab Custom (Power to Contest) Act, 1920, and their suits were at the appellate stage when the Punjab Custom (Power to Contest) Amendment Act, 1973 came into force on 23 January 1973. The High Court dismissed the appeals, holding that after th…
UNION OF INDIA AND ORS.versusMOHD. RAMZAN KHAN
1990 INSC 36220 November 1990Dismissed
The Supreme Court examined whether the deletion of the second stage of disciplinary inquiry by the Forty‑Second Amendment eliminated a civil servant’s right to receive a copy of the inquiry report before a punishment is imposed. It held that despite the amendment, the delinquent remains entitled to the report to make a…
KUMARI SHRILEKHA VIDYARTHI ETC. ETCversusSTATE OF U.P. AND ORS.
1990 INSC 29420 September 1990Appeal(s) allowed
The petitioners, appointed as Government Counsel in Uttar Pradesh, challenged a circular dated 6‑Feb‑1990 that terminated all such appointments across the state and ordered fresh panels, irrespective of existing tenures. The State argued the appointments were purely contractual and could be ended at will without cause.…
SHASHIKANT LAXMAN KALE AND ANR.versusUNION OF INDIA AND ANR.
1990 INSC 20820 July 1990Dismissed
The petitioners, an employee of a private‑sector firm and a trade union, challenged the constitutional validity of clause 10‑C inserted by the Finance Act, 1987 into section 10 of the Income‑Tax Act, 1961, which grants tax exemption on voluntary‑retirement payments only to employees of public‑sector companies. They arg…
RAJ KUMAR RAJINDER SINGHversusSTATE OF HIMACHAL PRADESH AND OTHERS
1990 INSC 20920 July 1990Appeal(s) allowed
The appellant, the second son of the former Raja of Bushahr, claimed ownership of about 1,720 acres of forest land based on a 1942 patta and subsequent grants by his father, the Raja. The State argued that the 1942 lease of the forests to the Punjab Government divested the Raja of any right to grant those lands and tha…
DISTRICT COLLECTOR AND CHAIRMAN VIZIANAGARAM (SOCIAL WELFARE RESIDENTIAL SCHOOL SOCIETY) VIZIANAGARAM AND ANR.versusM. TRIPURA SUNDARI DEVI
1990 INSC 14620 April 1990Appeal(s) allowed
The State Government advertised for Grade‑I and Grade‑II teacher posts requiring a second‑class M.A. degree. M. Tripura Sundari Devi, who held only a third‑class M.A., was nevertheless appointed as a Post Graduate Teacher. When her original certificates were examined, the deficiency was discovered and she was denied en…
SMT. PUSPA SEN GUPTAversusSMT. SUSMA GHOSE
1990 INSC 14720 April 1990Dismissed
The landlord filed a suit for eviction of the tenant on the ground of non‑payment of rent under the West Bengal Premises Tenancy Act, 1956. The tenant paid the agreed basic rent of Rs.32 per month but failed to pay an additional Rs.8 per month for electricity. The trial court held that the electricity charge was not pa…
CHANAN LAL AND ORS.versusSMT. AZIZUNISHA
1990 INSC 14820 April 1990Dismissed
The respondent landlady filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises to continue her son’s tailoring business. The trial court upheld the claim, but the appellate court reversed, holding that the son’s business was poor a…
NEW INDIA ASSURANCE CO. LTD.versusRAM DAYAL AND ORS.
1990 INSC 14920 April 1990Dismissed
The case concerned a motor vehicle accident that occurred on 28 September 1984. The owner of the vehicle, Ram Dayal, claimed compensation under the Motor Vehicles Act, 1939, and sought to hold New India Assurance liable under an insurance policy that was taken on the same date as the accident. The Motor Accident Claims…
VIJAYEE SINGH AND ORS.versusSTATE OF UTTAR PRADESH
1990 INSC 14520 April 1990
Four accused (Nos. 1, 3, 4 and 6) were originally convicted of murder under Section 302 read with Section 149 IPC for the killing of Mahendra Singh and Virendra Singh. On appeal, the Supreme Court examined the scope of Section 105 of the Indian Evidence Act, holding that the prosecution must prove the offence beyond re…
K.P. PERIANNANversusGOVERNMENT OF TAMIL NADU AND ORS.
1990 INSC 15020 April 1990Appeal(s) allowed
The appellant, K.P. Periannan, was the highest bidder for an arrack shop in an auction conducted under the Tamil Nadu Toddy and Arrack Shops (Disposals in Auction) Rules, 1981. His bid of Rs.6550 was deemed inadequate and the shop was re‑auctioned; a higher bid of Rs.6575 by Chellamuthu was provisionally accepted by th…
CLOTHING FACTORY, NATIONAL WORKERS' UNION AVADI, MADRAS, REPRESENTED BY ITS SECRETARYversusUNION OF INDIA BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND ORS.
1990 INSC 15120 April 1990Dismissed
The case concerned workers of the Ordinance Clothing Factory, Avadi, who were divided into day workers and piece‑rated workers. The Union of India, on behalf of the piece‑rated workers, sought direction that they be paid overtime wages at double the ordinary rate for the 3¼ hours worked each week beyond the normal 44¾‑…
SRI KRISHNA DASversusTOWN AREA COMMITTEE, CHIRGAON
1990 INSC 9420 March 1990Dismissed
S.K. Das, a commission agent dealing in grains and other commodities in Chirgaon, was levied weighing dues under market bye‑laws framed by the Town Area Committee (TAC) of Chirgaon. He challenged the demand of Rs.1892.26 in a writ petition, arguing that the bye‑laws were ultra vires, that the dues were a fee (not a tax…
PUKHRAJ JAINversusMRS. PADMA KASHYAP AND ANR.
1990 INSC 9520 March 1990Dismissed
The tenant was granted a three‑year tenancy under Section 21 of the Delhi Rent Control Act, 1958, with the Controller's permission. The landlord died before the tenancy expired, and his legal representatives later applied to the Controller for recovery of possession after the tenant failed to vacate. The tenant contend…
STATE OF TAMIL NADU AND ORS.versusNALLAI COTTON MILLS LTD. AND ORS.
1990 INSC 9620 March 1990Dismissed
The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 provided that workmen with 480 days of continuous service in 24 months become permanent. The Madras High Court struck down the part of Section 3(2) that allowed a period of non‑employment or discharge of up to three months to…
K.K. KHOSLA & ANR.versusSTATE OF HARYANA & ORS.
1990 INSC 4620 February 1990Dismissed
The appellants, two Class II engineers, challenged the promotion of Bhagwan Das Sardana, a direct recruit to Assistant Executive Engineer, to Executive Engineer (Class I) in the Haryana PWD (Public Health Branch). They argued that the promotion violated Rule 9(3)(a) requiring five years' service as Assistant Executive …
J.C. YADAV & ORS.versusSTATE OF HARYANA & ORS.
1990 INSC 4720 February 1990Appeal(s) allowed
The appellants, members of the Haryana Service of Engineers Class II, were promoted to Class I positions despite not meeting the eight‑year service requirement of Rule 6(b). The State Government, invoking Rule 22 of the Haryana Service Rules, relaxed this requirement to address a shortage of qualified officers. The res…
P.K. UNNIversusNIRMALA INDUSTRIES & ORS.
1990 INSC 4820 February 1990Appeal(s) allowed
The appeal filed by the auction‑purchaser challenged a Madras High Court decision on the time limit for depositing money under Rule 89 of Order XXI of the CPC to set aside a sale of immovable property executed against a decree. The question was whether the deposit must be made within 30 days as prescribed by sub‑rule (…
GAJANAN NARAYAN PATIL AND ORS.versusDATTATRAYA WAMAN PATIL AND ORS.
1990 INSC 4920 February 1990Dismissed
The elected directors of Sanjay Sahakari Sakhar Karkhana Ltd. requisitioned a special meeting of the Board to consider a no‑confidence motion against the Chairman. The Registrar issued notice of the meeting only to the elected directors, omitting the nominees of financial institutions and the co‑opted technical directo…
SUBHASH MEHTAversusDR. S.P. CHOUDHARY (DEAD) BY LRS.
1990 INSC 5020 February 1990Dismissed
Subhash Mehta, a tenant, occupied a residential premises under a lease from Dr. S.P. Choudhary. After being ordered by the Rent Controller under s.15(1) of the Delhi Rent Control Act to pay arrears and future rent by the 15th of each month, Mehta delayed future rent payments, leading the Controller to strike off his de…
SAHAB SINGH AND OTHERSversusSTATE OF HARYANA
1990 INSC 5120 February 1990Appeal(s) allowed
The appellants were convicted by an Additional Sessions Judge on three counts, including a life sentence with a fine of Rs.200 under Section 302/149 IPC. The High Court, while dismissing their appeal, altered the fine to Rs.5,000 per count per appellant, increasing it to Rs.30,000 each, without any notice or hearing. T…
HAKIM ALI AND ANR.versusBOARD OF REVENUE U.P. AND ORS.
1990 INSC 39119 December 1990Dismissed
Badlu, the father of Hakim Ali, filed a suit under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking a declaration of bhumidari rights. The suit was dismissed, but the Additional Commissioner reversed the decision, leading the respondent to file a second appeal before the Board of Revenue…
INDIAN OIL CORPORATION LTD.versusAMRITSAR GAS SERVICE AND ORS.
1990 INSC 36019 November 1990
Indian Oil Corporation (the appellant) terminated a distributorship agreement with Amritsar Gas Service (respondent No.1) under clause 27, alleging unauthorized connections and other misconduct. The distributor sued for a declaration that the termination was illegal and sought restoration of the distributorship. The ma…
JACOB M. PUTHUPARAMBIL AND ORS. ETC. ETC.versusKERALA WATER AUTHORITY AND ORS. ETC. ETC.
1990 INSC 29219 September 1990Appeal(s) allowed
The Kerala Water Authority (KWA) was created under the Kerala Water Supply and Sewerage Act, 1986, transferring all Public Health Engineering Department (PHED) employees to the Authority. Employees were divided into four groups based on their dates of appointment, and many faced termination. The petitioners sought regu…
D.M. BHARATIversusL.M. SUD AND ORS.
1990 INSC 29319 September 1990Dismissed
The appellant, originally a tracer in the Bombay Municipal Corporation, was deputed to the Town Planning Establishment where he was promoted to junior draftsman and later considered for a higher post. After suspension and removal proceedings, the Industrial Court vacated his removal and he was reappointed as junior dra…
STATE OF MADHYA PRADESH AND ANR.versusG.S. DALL AND FLOUR MILLS
1990 INSC 29119 September 1990Dismissed
The State of Madhya Pradesh issued a 1981 notification exempting certain classes of dealers from sales tax, but the Director of Industries denied certificates to flour and dal mill units on the ground that they were "traditional industries" excluded by earlier subsidy schemes. The assessees argued that the notification…
BRIJ MOHAN AND ORS.versusSMT. SUGRA BEGUM AND ORS.
1990 INSC 20619 July 1990Dismissed
The appellants, four brothers, sued the first defendant for specific performance of an alleged oral contract to sell a building in Hyderabad for Rs.10,00,000. The trial court found an oral contract existed, but the High Court set aside the decree, holding that mere acceptance of price was insufficient without proof of …
RAMCHANDRA PANDURANG SONAR (DECEASED) THROUGH HIS HEIRS AND LEGAL REPRESENTATIVES AND ORS.versusMURLIDHAR RAMCHANDRA SONAR AND ORS.
1990 INSC 20719 July 1990Appeal(s) allowed
The plaintiff, a son of Ramchandra, claimed that Survey No.71, allotted to his father in a 1918 partition, was ancestral joint‑family property and that other suit properties were bought with its income. The defendants, other children of Ramchandra, contended that those properties were self‑acquired from the gold‑smithi…
HOSHIARPUR IMPROVEMENT TRUSTversusPRESIDENT LAND ACQUISITION TRIBUNAL AND OTHERS.
1990 INSC 14319 April 1990Appeal(s) allowed
The Hoshiarpur Improvement Trust sought higher compensation benefits after the Land Acquisition (Amendment) Act, 1984 amended the Land Acquisition Act, 1894. The Tribunal had originally awarded 15% solatium and 6% interest, but later modified the award to 30% solatium and 12% interest under Sections 23(2) and 23(1‑A). …
STATE OF MAHARASHTRAversusMAHADEO DEOMAN RAI ALIAS KALAL AND OTHERS
1990 INSC 14219 April 1990Appeal(s) allowed
The respondent purchased land in Nasik and obtained permission to construct a building, but the land was later reserved under Section 4 of the Land Acquisition Act for a town‑planning scheme. The Municipal Council initially passed a resolution on 13‑Feb‑1967 granting permission, which was later rescinded after a high‑p…
OTHAYATH LEKSHMY AND ANR.versusNELLACHINKUNIYIL GOVINDAN NAIR AND ORS.
1990 INSC 14419 April 1990Appeal(s) allowed
The appellants, Othayath Lekshmy and others, were tenants who were dispossessed of their land after 1 April 1964 when the holding was sold at a court auction for arrears of rent. They filed an execution application under Section 13(B) of the Kerala Land Reforms (Amendment) Act, 1969, seeking restoration of possession, …
COLLECTOR OF CENTRAL EXCISE, CALCUTTAversusBERGER PAINTS INDIA LTD.
1990 INSC 9119 March 1990Disposed off
The Collector of Central Excise, Calcutta filed an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) against an order of the Divisional Assistant Commissioner, relying on a general authority dated 24 September 1986 and a note‑sheet order of the Collector. The Tribunal dismissed the appeal,…
COMMISSIONER OF SALES TAX, U.P. LUCKNOWversusATMA RAM MISRA ETC.
1990 INSC 9219 March 1990Dismissed
Three assessees under the U.P. Sales Tax Act appealed assessments and sought exemption from depositing tax before their appeals could be heard. The first appellate authorities and the Tribunal directed them to deposit 10% of the assessed tax, which the assessees contested. The High Court held that where no returns were…
B. KRISHNA BHATversusUNION OF INDIA AND ORS.
1990 INSC 9019 March 1990Dismissed
B. Krishna Bhat filed a writ petition under Article 32 of the Constitution seeking a direction to the State of Karnataka to enforce total prohibition and to declare a clause of the Karnataka Excise Rules, which grants a monopoly on liquor distribution to a state‑specified company, unconstitutional. He argued that Artic…
M.B. ABDULLAversusCOMMISSIONER OF INCOME-TAX, KERALA
1990 INSC 9319 March 1990Dismissed
The petitioner was caught with contraband gold worth Rs 20 lakhs, which was confiscated by customs. The assessing officer added the value of the gold to the petitioner’s income under Section 69‑A of the Income‑Tax Act, treating it as income from an undisclosed source. The Appellate Assistant Commissioner reduced the in…
K. JAGADEESANversusUNION OF INDIA AND OTHERS
1990 INSC 4419 February 1990Dismissed
The appellant, a diploma‑holding Mechanical Engineer (Senior) in the Geological Survey of India, challenged a 1984 government notification that amended the Geological Survey of India (Group ‘A’ and ‘B’) Recruitment Rules, 1967 to require a degree in engineering for promotion to the post of Director (Mechanical Engineer…
AMAR DEO PRAKASH AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.
1990 INSC 4519 February 1990Dismissed
The petitioners, Group C railway employees from the Control Stream, challenged several Railway Board circulars that restructured cadres and fixed inter‑se seniority based on grades Rs 700‑900 and above, alleging class discrimination and unfair exclusion from promotion to Group B posts. The Court examined the history of…
UNION OF INDIA AND ANRversusBABUBHAI NYLCHAND MEHTA
1990 INSC 39018 December 1990Appeal(s) allowed
The respondent, proprietor of Neptune Waterproof Manufacturing Co., purchased plain kraft paper and applied various coatings such as bitumen, polyethylene, wax, and jute to produce waterproof and laminated papers. The company contended that these processes did not create a new article and therefore were not liable to e…
PUNJAB TRADERS AND ORS.versusSTATE OF PUNJAB AND ORS.
1990 INSC 28518 September 1990Dismissed
The appellants, dealers in khandsari molasses, challenged the constitutional validity of the East Punjab Molasses (Control) Amendment Act, 1973, alleging that its expanded definition of "molasses" imposed new restrictions on their trade without the prior presidential sanction required under Article 304(b) proviso of th…
VEERATIALINGAM AND OTHERSversusRAMESH AND OTHERS
1990 INSC 28618 September 1990
The Supreme Court examined a dispute arising from a 1942 will of Smt. Rathinammal, which directed that her great‑grandsons should take possession of the property in "equal shares" after attaining majority. The plaintiffs, three great‑grandsons of the younger son, claimed a half share, while the defendants, ten great‑gr…
DR. TARAKPRASAD RAJARAMversusSMT. VESTA UKARA (DEAD) BY LRS. AND ORS.
1990 INSC 28718 September 1990Dismissed
The appellant, acting on behalf of a minor landlord who inherited agricultural land by will from his maternal grandmother, filed an eviction suit under Sections 29 and 31A(d) of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming the land was required for personal cultivation. The tenants objected, arguing th…
SHESHRAO JANGLUJI BAGDEversusBHAIYYA S/O GOVINDRAO KARALE AND ORS.
1990 INSC 28818 September 1990Disposed off
Sheshrao Bagde, a senior geologist with a B.Sc. and M.Sc. in Geology, applied for direct recruitment as Deputy Director in 1983 but was rejected for lacking ten years of practical experience after his postgraduate degree. He was later promoted to Deputy Director in 1986 under Rule 3(1)(a) (promotion) but this promotion…
ARDHENDU BHUSAN HALDAR (DEAD) BY L.RS. ETC. ETC.versusSMT. GANGAMONI MONDAL ETC. ETC.
1990 INSC 28918 September 1990Dismissed
The case concerned a dispute over the right of pre-emption under Section 26‑F of the Bengal Tenancy Act, 1885, claimed by a predecessor‑in‑interest who was a co‑sharer of a holding that had earlier vested in the State under the West Bengal Estates Acquisition Act, 1953. The respondent had purchased the land in 1963, an…
U. PONNAPPA MOOTHAN SONS, PALGHATversusCATHOLIC SYRIAN BANK LTD. AND OTHERS
1990 INSC 29018 September 1990Dismissed
The Catholic Syrian Bank Ltd. extended credit facilities to a partnership (defendants 2‑4) secured by an equitable mortgage and purchased two cheques drawn by defendant 6 on Union Bank of India. The cheques were credited to the partnership’s account, later dishonoured, and the bank sued defendant 6 for the balance. Def…
STATE BANK OF INDIA & ORS. ETC.versusS. VIJAYA KUMAR & ORS. ETC.
1990 INSC 20518 July 1990Appeal(s) allowed
The Supreme Court examined three disciplinary dismissals of State Bank of India employees—Vijaya Kumar, T. Dayakar Rao and A.K. Soundararajan—who were appointed by the Executive Committee of the Central Board but dismissed by the Chief General Manager (CGM). The High Court had set aside the dismissals, holding that the…
STATE OF MAHARASHTRAversusCHANDRAPRAKASH KEWAL CHAND JAIN
1990 INSC 1418 January 1990Appeal(s) allowed
The respondent, a Sub‑Inspector of police, was convicted of raping a 19‑year‑old woman, Shamimbanu, by the trial court. The High Court acquitted him, holding that the victim’s testimony required corroboration in material particulars and that medical evidence was inconsistent. The State appealed. The Supreme Court held …
KUBIC DARIUSZversusUNION OF INDIA & ORS.
1990 INSC 1518 January 1990Case Allowed
Polish national Kubic Dariusz was arrested in April 1989 for possession of foreign gold and detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). He claimed that the grounds of his detention were served only in English, a language he alleged he did not understand, an…
MUNICIPAL CORPORATION OF DELHIversusPRAMOD KUMAR GUPTA
1990 INSC 38817 December 1990Dismissed
The Municipal Corporation of Delhi appealed against a High Court order that held only stamp duty, and not the surcharge under section 147 of the Delhi Municipal Corporation Act, was payable on a sale certificate issued by a civil court under Order XXI, Rule 94 of the Code of Civil Procedure. The respondent had bought a…
ABHAY SHRIDHAR AMBULKARversusS.V. BHAVE, COMMISSIONER OF POLICE AND ORS.
1990 INSC 38917 December 1990Appeal(s) allowed
The petitioner, Abhay Sridhar Ambulkar, was detained under the National Security Act, 1980 by the Commissioner of Police, Greater Bombay, based on a government order dated 6 January 1990 that conferred detention powers on the Commissioner for a three‑month period. The petitioner challenged the detention in the Bombay H…
BALDEV RAJversusSTATE OF HARYANA
1990 INSC 28417 September 1990Dismissed
Baldev Raj was convicted under Section 302 IPC for murdering his wife. The prosecution’s case hinged on an extra‑judicial confession he allegedly made before a village panchayat, witnessed by three persons, and on circumstantial evidence such as the recovery of the weapon, ornaments, and blood‑stained items. The appell…
BHARAT COKING COAL LTD. AND ANR.versusSTATE OF BIHAR AND ORS.
1990 INSC 23217 August 1990Appeal(s) allowed
Three coal companies (Bharat Coking Coal Ltd., Tata Iron & Steel Co. Ltd., Central Coalfields Ltd. & Coal India Ltd.) claimed ownership of coal slurry that escaped from their washery plants and settled on river beds and raiyati lands. The State of Bihar granted leases to private contractors to collect the slurry withou…
DR. Y.S. PARMAR UNIVERSITY OF HORTICULTURE AND FORESTRY AND ANR.versusRAJ KUMAR THAKUR
1990 INSC 23317 August 1990Appeal(s) allowed
Raj Kumar Thakur enrolled as a Ph.D. student in Agriculture at Dr. Y.S. Parmar University, a programme that allowed six semesters with possible extensions. While completing his seventh semester, he was appointed as an Assistant Scientist (Assistant Professor) of the same university, thereby becoming an employee. The un…
U.P. STATE ROAD TRANSPORT CORPORATIONversusMUNIRUDDIN
1990 INSC 23417 August 1990Disposed off
The respondent, a bus conductor of the U.P. State Road Transport Corporation, was dismissed for allegedly erasing way‑bills and reselling tickets. He contended that carbon copies of crucial documents were withheld during the disciplinary enquiry, causing prejudice. The trial court and first appellate court rejected his…
BAGH AMBERPET WELFARE SOCIETYversusTULSI COOPERATIVE HOUSING SOCIETY AND ORS.
1990 INSC 23117 August 1990Disposed off
The Hyderabad Municipal Corporation, in collaboration with HUDCO, sought to acquire 20.10 acres of land under the Land Acquisition Act, 1894 for a housing project. Tulsi Cooperative Housing Society, claiming a purchase contract with the owners, obtained an exemption under the Urban Land Ceiling Act, which was later wit…
UNION OF INDIA AND ANR.versusPARAS LAMINATES (P) LTD.
1990 INSC 23517 August 1990Appeal(s) allowed
Paras Laminates imported goods and claimed they fell under tariff item 84.60, but customs classified them under 73.15(2). After losing before the Collector of Customs, the importer appealed to the Customs, Excise and Gold (Control) Appellate Tribunal. A two‑member bench doubted the correctness of an earlier three‑membe…
GOPINDER SINGHversusFOREST DEPARTMENT OF HIMACHAL PRADESH AND ORS.
1990 INSC 23617 August 1990Dismissed
Gopinder Singh, a government teacher, applied for nautor land under Himachal Pradesh Nautor Land Rules, 1968. The Revenue Assistant initially sanctioned the grant, but the Forest Department appealed, leading to its cancellation and subsequent restoration by the Divisional Commissioner, which was later set aside by the …
S.V. SIVASWAMI SERVAIversusHAFEZ MOTOR TRANSPORT (FIRM) AND ORS.
1990 INSC 23717 August 1990Appeal(s) allowed
The appellant and 14 other applicants sought a stage‑carriage permit for the Pudukkottai‑Kottaipattinam route. The Regional Transport Authority (RTA) granted the permit to the appellant and rejected other applicants, including respondent No. 1, on the ground that they already held another permit. The State Transport Ap…
MATHURA PRASADversusAJEEM KHAN
1990 INSC 14017 April 1990Appeal(s) allowed
In the 1985 Madhya Pradesh Legislative Assembly election for Constituency No. 14 Lahar, the Returning Officer rejected the nomination paper of candidate Ramprakash because his name could not be identified on the electoral roll and he was absent to correct the defect. The election was won by Mathura Prasad, whose electi…
ABDU SALAM @THIYYAN S/O THIYYAN MOHAMMAD, DETENU NO. 962, GENERAL PRISON, TRIVENDRUMversusUNION OF INDIA AND OTHERS
1990 INSC 14117 April 1990Dismissed
Abdus Salam was detained under the COFEPOSA Act after being caught with smuggled gold ingots in September 1987. A detention order was issued in May 1988 and he was arrested in August 1988. He challenged the detention on the grounds that the delay in passing the order, the delay in disposing his representation before th…
CHINNAMMAL & 4 ORS.versusP. ARUMUGHAM & ANR.
1990 INSC 1217 January 1990Appeal(s) allowed
The appellant, a judgment debtor, obtained a money decree against him which was not stayed and his property was sold at a court auction. The properties were bought by a stranger auction purchaser who was a relative of the decree holder. The High Court later set aside the decree, and the appellant sought to set aside th…
REVENUE OFFICER & ORS.versusPRAFULLA KUMAR PATI & ORS.
1990 INSC 1317 January 1990Appeal(s) allowed
The appellants, Revenue Officer and others, sought restoration of lands sold by two respondents (identified as "Rajaka" in sale deeds) to a Brahmin purchaser. The respondents produced caste certificates and records showing they belong to the "Dhoba" community, a Scheduled Caste under the Constitution (Scheduled Castes)…
UNION OF INDIA AND OTHERSversusS.L. DUTTA AND OTHERS
1990 INSC 35816 November 1990Appeal(s) allowed
The respondent, an Air Vice‑Marshal from the Navigation Stream of the Indian Air Force, challenged a 1987 change in the promotion policy that reduced the number of Air‑Marshal posts available to his stream, arguing it altered his conditions of service. The Gauhati High Court had directed that his case be considered und…
DR. AJAY KUMAR AGRAWAL AND ORS. ETC.versusSTATE OF U.P. AND ORS.
1990 INSC 35916 November 1990
The petitioners challenged the Uttar Pradesh Government’s decision to fix the internship cut‑off date as 31 December 1990 and to allow candidates who had not completed their house‑manship to sit for the post‑graduate medical selection exam and be admitted, contrary to earlier Supreme Court directions and the Indian Med…
DR. DAMODAR PANDA ETC.versusSTATE OF ORISSA ETC.
1990 INSC 20316 July 1990Disposed off
The Supreme Court examined two writ petitions filed under Article 32 challenging the enforcement of Section 20 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The petitioners sought clarification on whether officers of the state from which migrant labour originates cou…
SMT. KUSUM LATA SINGHALversusCOMMISSIONER OF INCOME TAX RAJASTHAN, JAIPUR AND ORS.
1990 INSC 20416 July 1990Dismissed
Smt. Kusum Lata Singhal, a tobacco stockist, challenged the seizure of her books and jewellery after a search under Section 132 of the Income Tax Act was deemed unauthorized. Her husband, R.K. Singhal, was simultaneously prosecuted under Section 132(5) and claimed the jewellery belonged to him as undisclosed income. Th…
ALL INDIA STATE BANK OFFICERS FEDERATION THROUGH ITS PRESIDENT AND ORS. ETC.versusUNION OF INDIA AND ORS.
1990 INSC 13916 April 1990
The All India State Bank Officers Federation filed a writ petition under Article 32 challenging a new promotion policy of the State Bank of India, claiming urgency and alleging violations of fundamental rights. The Bank countered that the Federation had previously filed similar writ petitions in the Andhra Pradesh and …