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Judgments of 1990

401 judgments · newest first · showing 1–200

BUDHAversusAMILAL

1990 INSC 397Appeal(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 …

S.D. SONIversusSTATE OF GUJARAT

1990 INSC 398Dismissed

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 …

CHIEF OF ARMY STAFF AND ORS.versusMAJOR S.P. CHADHA

1990 INSC 399Appeal(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 …

SIMHADRI SATYA NARAYANA RAOversusM. BUDDA PRASAD AND ORS.

1990 INSC 400Dismissed

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 …

K.V. SWAMYNATHAN AND ORS.versusE.V. PADMANABHAN AND ORS.

1990 INSC 401Dismissed

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 …

MRS. MALATI RAMCHANDRA RAUT AND ORS.versusMAHADEVO VASUDEO JOSHI AND ORS.

1990 INSC 393Appeal(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 …

TOSHIBA ANAND BATTERIES LTD. ANAND HOUSE, COCHINversusCOLLECTOR OF CUSTOMS, COCHIN

1990 INSC 394Dismissed

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 …

T.N. RUGMANI AND ANOTHERversusC. ACHUTHA MENON AND ORS.

1990 INSC 396Appeal(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 …

HAKIM ALI AND ANR.versusBOARD OF REVENUE U.P. AND ORS.

1990 INSC 391Dismissed

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 …

UNION OF INDIA AND ANRversusBABUBHAI NYLCHAND MEHTA

1990 INSC 390Appeal(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 …

MUNICIPAL CORPORATION OF DELHIversusPRAMOD KUMAR GUPTA

1990 INSC 388Dismissed

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 …

ABHAY SHRIDHAR AMBULKARversusS.V. BHAVE, COMMISSIONER OF POLICE AND ORS.

1990 INSC 389Appeal(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 …

BABULAL NAROTIAMDAS AND ORS.versusCOMMISSIONER OF INCOME-TAX, BOMBAY

1990 INSC 387Dismissed

The appellant, a managing agent, was entitled under a company resolution dated 20 July 1949 to receive an extra remuneration of Rs 15,000 per annum. Shareholders sued to enjoin the payment, claiming the resolution illegal; the trial court decreed in their favour but the High Court reversed, …

COMMISSIONER OF INCOME TAX, CALCUTTAversusBRITISH PAINTS INDIA LTD

1990 INSC 386Appeal(s) allowed

British Paints India Ltd. valued its stock‑in‑trade at the cost of raw materials only, excluding overheads, claiming that paints have a short shelf‑life. The Assessing Officer added the overheads to the stock value under section 145 of the Income‑Tax Act, increasing tax for 1963‑64 and allowing a …

PANKAJ BHARGAVA AND ANR.versusMOHINDER NATH AND ANR.

1990 INSC 385Appeal(s) allowed

The landlords and tenants jointly obtained permission for a five‑year limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the landlords sought possession, but the tenants argued that a prior tenancy already existed and that the permission was obtained by …

MAHABIR COLD STORAGEversusCOMMISSIONER OF INCOME TAX, PATNA

1990 INSC 382Dismissed

Mahabir Cold Storage, a partnership firm newly constituted after the original firm Prayagchand & Hanumanmal took on Periwal & Co. as a partner, claimed a development rebate for machinery installed by the original firm in 1959‑60. The claim was made in the 1962‑63 assessment year. The issue was …

MUNICIPAL CORPORATION OF GREATER BOMBAYversusNEW STANDARD ENGINEERING CO. LTD.

1990 INSC 380Appeal(s) allowed

The Municipal Corporation of Greater Bombay challenged the assessment of rateable value of a housing building constructed by New Standard Engineering Co. Ltd. under a Government subsidised scheme for industrial workers. The corporation had fixed the rateable value under Section 154(1) of the Bombay …

INCOME TAX OFFICER, CUTTACK AND ORS.versusBIJU PATNAIK

1990 INSC 383Appeal(s) allowed

The respondent, Biju Patnaik, was assessed for the year 1957-58 but allegedly failed to disclose a Rs.15 lakh capital gain from the sale of his mining business. The Income Tax Officer, after obtaining approval, issued a notice under sections 147(a) and 148 of the Income Tax Act, 1961 to reopen the …

RAMESH ENTERPRISES ETCversusCOFFEE BOARD

1990 INSC 381Dismissed

The appellants, exporters of coffee, participated in a Coffee Board auction on 18 May 1977. Clause 10 of the auction terms provided that any increase or reduction in taxes or duties occurring within 45 days from the date of auction, inclusive of that day, would be shared equally between the Board …

PRATAP SINGHversusSTATE OF HARYANA

1990 INSC 384Appeal(s) allowed

Partap Singh and his co-accused were charged under IPC sections 302 and 326 read with section 34. The charge‑sheet framed the appellant only vicariously under section 34, as the prosecution had no material linking him directly to the knife injuries. At trial, the prosecution led eye‑witness …

VLJAY COTION AND OIL MILLS (P) LTD.versusSTATE OF GUJARAT

1990 INSC 377Appeal(s) allowed

Vijay Cotton & Oil Mills Ltd. owned 6 acres in Kutch, which the Government of Gujarat took possession of on 19 November 1949 under an agreement to provide equivalent land, but later issued a notification under Section 6(1) of the Land Acquisition Act on 1 February 1955 to acquire the land. The …

LAKSHMI BANGLE STORESversusUNION OF INDIA AND ORS.

1990 INSC 378Dismissed

Lakshmi Bangle Stores booked a railway wagon in June 1964, declaring the value of the consigned glass bangles as Rs.25,000. The wagon was involved in an accident on June 22, 1964 and the goods were delivered after an open assessment on September 4, 1964, revealing that more than half were damaged. …

SMT. GITARANI PAULversusDIBYENDRA KUNDU ALIAS DIBYENDRA KUMAR KUNDU

1990 INSC 379Appeal(s) allowed

Gitarani Paul purchased land from the Bauries, who were under‑Raiyats, after the West Bengal Estates Acquisition Act, 1953 came into force. She sued Dibyendra Kundu and Dasarathi Dutta for declaration of title and possession, alleging that on 5 June 1960 the defendants, aided by police, destroyed …

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

1990 INSC 376Case Partly allowed

The petitioners were ex‑servicemen re‑employed in the Haryana civil service who had served in the Indian Army during the 1962‑68 national emergency. The State had adopted the Punjab Government National Emergency (Concessions) Rules, 1965, which granted benefits such as increments, seniority and …

HINDUSTAN PETROLEUM CORPORATION LTDversusYASHWANT GAJANAN JOSHI AND ORS.

1990 INSC 375Dismissed

Hindustan Petroleum Corporation Ltd. (the Corporation) was authorised under the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 to lay a pipeline and appointed Mrs. A.R. Gadre, a Special Land Officer of the Corporation, as the competent authority to determine …

BHOOP ALLEGED SON OF SHEOversusMATADIN BHARDWAJ SON OF LAKMI CHAND

1990 INSC 373Dismissed

In a suit for pre-emption of agricultural land, the Sub‑Judge granted a decree in favour of Shanti Devi, requiring her to deposit four‑fifths of the purchase price by 18 Nov 1968. She deposited the amount on 19 Nov 1968 due to administrative delays. The Sub‑Judge held that the failure to deposit on …

JASWANT SINGHversusSTATE OF PUNJAB AND ORS.

1990 INSC 368Appeal(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 …

MUNICIPAL CORPORATION OF GREATIOR BOMBAY AND ANR.versusINDIAN OIL CORPORATION LTD.

1990 INSC 369Appeal(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 …

PLASMAC MACHINE MANUFACTURING CO. PVT.LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY.

1990 INSC 370Dismissed

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 …

ORISSA JUDICIAL SERVICES ASSOCIATION, CUTTACKversusSTATE OF ORISSA AND ANR.

1990 INSC 367Dismissed

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 …

STATE OF MAHARASHTRA AND ORSversusMOHAMMED SALIM KHAN AND ORS

1990 INSC 365Appeal(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 …

STATE OF HARYANA AND ORSversusCH. BHAJAN LAL AND ORS.

1990 INSC 363Disposed 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 …

RAMPUR DISTILLERY AND CHEMICALS CO. LTD.versusCOMMISSIONER OF INCOME-TAX, LUCKNOW

1990 INSC 364Appeal(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 …

DARSHAN SINGH AND ANR. ETC. ETC.versusRAM PAL SINGH AND ANR. ETC. ETC.

1990 INSC 361Dismissed

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, …

UNION OF INDIA AND ORS.versusMOHD. RAMZAN KHAN

1990 INSC 362Dismissed

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 …

INDIAN OIL CORPORATION LTD.versusAMRITSAR GAS SERVICE AND ORS.

1990 INSC 360

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 …

UNION OF INDIA AND OTHERSversusS.L. DUTTA AND OTHERS

1990 INSC 358Appeal(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 …

DR. AJAY KUMAR AGRAWAL AND ORS. ETC.versusSTATE OF U.P. AND ORS.

1990 INSC 359

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 …

MOHINDER SAIN GARG ETC. ETC.versusSTATE OF PUNJAB AND ORS.

1990 INSC 352Appeal(s) allowed

The State of Punjab advertised 47 (later 54) posts of Excise and Taxation Inspectors, requiring a written test (300 marks) and a viva voce interview (100 marks, 25% of total). Over 1,200 candidates were called for interview for the 54 vacancies, and the unsuccessful candidates challenged the …

PRIYANKA OVERSEAS PVT. LTD. AND ANRversusUNION OF INDIA AND ORS.

1990 INSC 353Dismissed

Priyanka Overseas Pvt. Ltd. imported 10,681.832 metric tonnes of palm kernel from Nigeria in 1987 under an Open General Licence (OGL). The Customs authorities treated palm kernel as a canalised item, confiscated the goods and imposed a redemption fine and penalty. The company argued that palm kernel …

SYED HASAN RASUL NUMA AND ANRversusUNION OF INDIA AND ANR.

1990 INSC 354Appeal(s) allowed

The Delhi Development Authority issued a public notice on 5 July 1975 proposing to change the land use of the Dargah Shaheed Khan area from residential to recreational. The notice was required to be published under Section 44 of the Delhi Development Act, 1957, which mandates that it be made known …

RAVIKANT BHAGOJI DHUMAL AND ORS. ETC.versusSTATE OF MAHARASHTRA

1990 INSC 355Dismissed

A 29‑year‑old woman, Chandrakala, vanished near Bharana Naka while alighting from a bus and was later found dead, having been raped and throttled. The initial police investigation wrongly focused on the bus crew, but CID Inspector Kulkarni later implicated three accused – a hotel waiter (appellant …

VIKRAM SINGH AND ANR.versusSUBORDINATE SERVICES SELECTION BOARD, HARYANA AND ORS.

1990 INSC 356Appeal(s) allowed

The Haryana Excise and Taxation Inspectorate (Class III) Rules, 1969 provided for 250 marks in the written test and 100 marks in the viva voce, making the viva component 28.5% of the total 350 marks. Vikram Singh and Nawab Singh cleared the written examination and were interviewed in March 1986. The …

RAI CHAND JAINversusMISS CHANDRA KANTA KHOSLA

1990 INSC 357Dismissed

The tenant, Rai Chand Jain, leased a house from landlady Chandra Kanta Khosla for residential purposes, but later operated a printing press (M/s Navneet Prakashan) from the premises. The landlady sought eviction on grounds of non‑payment of rent, change of use, and her bona‑fide requirement for the …

TAPAN KUMAR MUKHERJEEversusHEROMONI MONDAL AND ANR.

1990 INSC 350Appeal(s) allowed

The appellant, a Junior Land Reforms Officer, issued a memo on 3 August 1987 directing police assistance to certain patta holders, contrary to an interim order of the Calcutta High Court that restrained interference with the petitioners' possession of disputed lands. The High Court held the …

MEHRA BROS.versusJOINT COMMERCIAL OFFICER, MADRAS

1990 INSC 351Dismissed

Mehra Bros., a registered dealer under the Tamil Nadu General Sales Tax Act, 1959, manufactured and sold automobile seat covers and claimed they should be taxed at the lower rate of 3.5%. The assessing authority, invoking Section 3(3) and Item 3 of Schedule I, levied tax at the higher single point …

M.O.H. UDUMAN AND ORS.versusM.O.H. ASLUM

1990 INSC 348Appeal(s) allowed

The case concerned a partnership formed in Pondicherry in 1962 among the father and his sons, later continued by the sons after the father's retirement. In 1978 the respondent sued for dissolution of the partnership and accounting, claiming it was a partnership at will, while the appellants …

SMT. SHANTI AND ANR.versusSTATE OF HARYANA

1990 INSC 349Disposed off

The deceased, Smt. Kailash, was married to Sat Pal and allegedly subjected to harassment by her mother‑in‑law (Smt. Shanti) and another relative for not providing a scooter and television as dowry. She was found dead under unnatural circumstances within seven years of marriage, and the accused were …

MAJOR SURESH CHAND MEHRAversusDEFENCE SECRETARY (U.0.1.) AND OTHERS

1990 INSC 347Dismissed

The petitioner, a Major in the Indian Army, was accused of assaulting the regimental medical officer during a dispute over a steel almirah. An initial inquiry by the commanding officer found the allegation unsubstantiated, but higher commanders later concluded there was sufficient circumstantial …

P. ORR AND SONS (P) LTD.versusASSOCIATED PUBLISHERS (MADRAS) LIMITED

1990 INSC 343Appeal(s) allowed

The landlord sought eviction of the tenant under section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building needed immediate demolition for reconstruction. The tenant contended the building was structurally sound and that the landlord’s motive was purely …

A.K. BHATNAGAR AND ORS.versusUNION OF INDIA AND ORS.

1990 INSC 344Appeal(s) allowed

The case concerned 29 employees of the Central Information Service whose ad‑hoc service was regularised in 1977. They claimed that their period of ad‑hoc service (1964‑1977) should be counted for seniority and that they should be placed above regular recruits appointed through examinations up to …

NITYANANDA KAR AND ANR. ETC. ETC.versusSTATE OF ORISSA AND ORS. ETC.

1990 INSC 345Dismissed

The State of Orissa merged two administrative cadres, OAS II and OSAS III, and introduced a 'year of allotment' system to determine seniority. Mergerists challenged the seniority of direct recruits, especially those assigned the year 1972, arguing that the Orissa Administrative Service Class II …

HAMDA AMMALversusAVADIAPPA PATHAR AND 3 OTHERS

1990 INSC 341Appeal(s) allowed

The appellant purchased a suit‑property from the vendors by a sale deed executed on 9 September 1970 and registered it on 26 October 1970. Before the registration, the respondent filed a money suit on 13 September 1970 and obtained attachment before judgment of the property on 17 September 1970, …

TEHRI BANDH VIRODHI SANGARSH SAMITI AND ORS.versusSTATE OF U.P AND ORS.

1990 INSC 342Dismissed

The petitioners, a public‑interest group, filed a writ under Article 32 seeking to restrain the construction of the Tehri Dam on the ground that the government had not considered seismic safety. The respondents – the Union of India, the State of Uttar Pradesh and the Tehri Hydro Development …

COMMISSIONER OF WEALTH TAX, CALCUTTAversusSMT. ANJAMLI KHAN

1990 INSC 340Appeal(s) allowed

The Commissioner of Wealth Tax assessed wealth tax on Smt. Anjamli Khan for three assessment years, estimating compensation payable for agricultural lands acquired by the State under the West Bengal Estates Acquisition Act, 1953. Khan contended that the right to receive such compensation was not an …

KESHAV CHANDRA JOSHI AND ORS. ETC.versusUNION OF INDIA AND ORS.

1990 INSC 339Appeal(s) allowed

The petitioners, forest officers promoted on an ad‑hoc basis due to the non‑availability of direct recruits, claimed that their continuous service of 5‑12 years should count towards seniority and that their appointments were a relaxation of the recruitment rules under Rule 27. The respondents, …

M.L. SACHDEVversusUNION OF INDIA AND ANR.

1990 INSC 337Appeal(s) allowed

The Supreme Court, hearing a public‑interest writ under Article 32, directed the Union of India to fill the vacancies in the Monopolies and Restrictive Trade Practices Commission within three weeks, later extending the deadline to 7 July 1990. The Union, represented by Secretary A.N. Verma, failed …

H.L. RANDEV AND ORS.versusHIGH COURT OF PUNJAB AND HARYANA AND ORS.

1990 INSC 335Dismissed

The appellants, who were promotees in the Punjab Superior Judicial Service, challenged a seniority list prepared by the Punjab & Haryana High Court that gave seniority to direct recruits appointed before the 1976 amendment of the service rules. The dispute centered on whether seniority should be …

MANGANESE ORE (INDIA) LTD.versusCHAND LAL SAHA AND ORS.

1990 INSC 336Dismissed

Manganese Ore (India) Ltd. paid its mine workers a cash wage, an attendance bonus and supplied grain at concessional rates. The workers claimed that the cash value of the grain concession and the attendance bonus were being deducted from their statutory minimum wages fixed by a government …

BRATHI ALIAS SUKHDEV SINGHversusSTATE OF PUNJAB

1990 INSC 332Dismissed

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 …

M.C. MEHTAversusSTATE OF TAMIL NADU AND ORS.

1990 INSC 333Disposed 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 …

UNION OF INDIA AND ANR.versusU.P. STATE WARE HOUSING CORPORATION

1990 INSC 334Dismissed

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 …

MST. MOHINDEROversusKARTAR SINGH AND ORS.

1990 INSC 331Appeal(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 …

POLLISETTI PULLAMMA AND ORS.versusKALLURI RAMESWARAMMA AND ORS.

1990 INSC 327Appeal(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 …

SUBHASH SHARMA AND OTHERSversusUNION OF INDIA

1990 INSC 326Disposed 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 …

MURLI MANOHAR AND CO. AND ANR.versusSTATE OF HARYANA AND ANR. ETC. ETC.

1990 INSC 324Appeal(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) …

GURMAIL SINGH AND ORS. ETC. ETC.versusSTATE OF PUNJAB AND ORS.

1990 INSC 325Disposed 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 …

CENTRAL BOARD OF DIRECT TAXES AND ANR.versusDR. O.N. TRIPATHI AND ORS.

1990 INSC 323Appeal(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 …

SUTLEJ COTTON MILLS LTD.versusCOMMISSIONER OF INCOME TAX, WEST BENGAL III, CALCUTTA

1990 INSC 320Dismissed

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 …

UNION OF INDIA AND ORS.versusDEV RAJ GUPTA AND ORS.

1990 INSC 321Appeal(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 …

BIKANER GYPSUMS LTD.versusCOMMISSIONER OF INCOME TAX, RAJASTHAN

1990 INSC 319Appeal(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 …

S.P. DUBEYversusM.P.S.R.T. CORPN. AND ANR.

1990 INSC 322Appeal(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 …

R.M. NARAYANA CHETTIAR AND ANOTHERversusN. LAKSHMANAN CHETTIAR AND OTHERS

1990 INSC 317Appeal(s) allowed

The appellants filed a representative suit against the respondents for framing a scheme of a public charitable trust, which required leave under Section 92 of the Code of Civil Procedure. The subordinate court granted the leave on the same day without issuing any notice to the respondents. The …

RAJASTHAN STATE ELECTRICITY BOARD AND ORS.versusLAXMAN LAL ETC. ETC.

1990 INSC 318Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) and its employees entered into a first settlement on 22‑Feb‑1972 fixing pay‑scale No. 3 for Meter Readers/Checkers, later clarified by a second settlement on 2‑Dec‑1972 that created two grades (I and II) with different scales. The High Court quashed the …

PHAGWARA IMPROVEMENT TRUSTversusSTATE OF PUNJAB AND ORS.

1990 INSC 314Appeal(s) allowed

The Phagwara Improvement Trust prepared a development scheme under the Punjab Town Improvement Trust Act, 1922 covering lands of several respondents. Notices under Section 36 were published in a newspaper in April 1976 and later in the Punjab Government Gazette in May 1976, after the deadline for …

MALAYAMMAL AND ORS.versusA MALAYALAM PILLAI AND ORS.

1990 INSC 313Appeal(s) allowed

Karuppanna Pillai executed a will in 1942 disposing of his property in five schedules, dedicating the Schedule E properties to the construction of his own samadhi and a matam, and to the performance of poojas, feeding the poor and distribution of saffron‑coloured clothes. Two legatees sued the third …

BHOOLCHAND AND ANR.versusKAY PEE CEE INVESTMENTS AND ANR.

1990 INSC 316Dismissed

The original lessor let two shops and an adjoining house to Bhoolchand Chandiram in 1943 with an option to sub‑let. The tenant sub‑let one shop to Arts Palace in 1946 and later, on 1 April 1948, to Super Dry Cleaners. After the original lessor’s share was sold to Kay Pee Cee Investments in 1974, the …

CHANDER BHANversusHOTILAL GUPTA AND OTHERS

1990 INSC 306Dismissed

A vacancy for Upper Division Clerk arose in the Delhi Small Causes Court. The appellant, Chander Bhan, claimed the post on the basis of being a graduate and invoking the rule of rotation under Rule VI of the High Court Rules. Respondent No. 1, Hotilal Gupta, claimed seniority. The Judge of the Small …

MILAK BROTHERSversusUNION OF INDIA AND ORS.

1990 INSC 307Dismissed

The appellants, Milak Brothers, exported blanched, roasted and salted peanuts packed in vacuum containers, claiming that the processed product was a "processed food" and not a "groundnut kernel" for which export duty was levied under the Indian Tariff Act, 1934 and the Customs Tariff Act, 1975. The …

DEVDUTTA AND ORS. ETC.versusSTATE OF M.P. AND ORS. ETC.

1990 INSC 308Appeal(s) allowed

A group of surplus Block Level Extension Officers were absorbed as Sales‑Tax Inspectors in Madhya Pradesh between 1967 and 1970 and were later confirmed retrospectively on 15 February 1980 with effect from 31 March 1967. The existing Sales‑Tax Inspectors challenged the retrospective confirmation and …

STATE OF U.P. AND ORS.versusDELHI CLOTH MILLS & ANR.

1990 INSC 309Appeal(s) allowed

The State of Uttar Pradesh sought to recover differential excise duty on excess wastage of military rum that was exported by the respondents, Delhi Cloth Mills, under a lower export duty rate. The respondents argued that the duty on excess wastage could not be levied, and the Allahabad High Court …

SITA RAMversusCHHOTA BHONDEY AND OTHERS

1990 INSC 310Dismissed

The dispute involved Sita Ram (appellant) and Chhota Bhondey (respondent No 1) together with two other family members over shares in lands recorded in Khata Nos 72 and 73 in Sambhalpur Sheoli, Uttar Pradesh. The matters were examined in consolidation proceedings under the U.P. Consolidation of …

CENTRAL BANK OF INDIAversusC. BERNARD

1990 INSC 304Appeal(s) allowed

The Central Bank of India charged its employee C. Bernard with claiming a loss‑adjustment facility using forged travel receipts. The Bank appointed Shri U.B. Menon as Enquiry Officer and Disciplinary Authority, but Menon retired during the enquiry and continued to conduct it, ultimately ordering …

POONJABHAI VARMALIDASversusCOMMISSIONER OF INCOME TAX, AHMEDABAD

1990 INSC 311Dismissed

The assessee, Poonjabhai Varmalidas, had written off certain debts as bad under Section 10(2)(xi) of the Income Tax Act, 1922 in 1959‑60. His business ceased before the amounts were later recovered in the assessment years 1964‑65, 1965‑66 and 1967‑68, after the 1961 Act had repealed the 1922 Act. …

SMT. ISABELLA JOHNSONversusM.A. SUSAI

1990 INSC 312Dismissed

The landlord (respondent) filed an eviction suit under the Andhra Pradesh Rent Control Act, seeking possession and mesne profits. The tenant (appellant) contended that the City Civil Court lacked jurisdiction, asserting that the matter fell within the exclusive jurisdiction of the Rent Controller …

DELHI CLOTH AND GENERAL MILLS LTD.versusS. PARAMJIT SINGH AND ANOTHER

1990 INSC 305Dismissed

Delhi Cloth & General Mills Ltd., a tenant, sought protection under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966, but was denied because its annual net income exceeded Rs 40,000, triggering clause (iii) of Section 1(3). The tenant challenged the clause as violative of Article 14, …

RAJASTHAN STATE ELECTRICITY BOARDversusCESS APPELLATE COMMITTEE AND ANR. ETC.

1990 INSC 303Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) operates a thermal power station that draws river water for condenser cooling and discharges it after passing through a neutralisation arrangement that cools the water before release. RSEB was assessed cess under the Water (Prevention & Control of …

BUDHWA ALIAS RAMCHARAN AND ORS.versusSTATE OF MADHYA PRADESH

1990 INSC 302Disposed off

The appellants were charged with murder, rioting and unlawful assembly under IPC ss. 147, 149 and 302 for the killing of Hanuwa, a villager, during a group rivalry. The prosecution’s case relied mainly on the testimony of the victim’s mother (PW‑1) and sister (PW‑5), who were close relatives and …

DILAVER HUSSAIN SON OF MOHAMMADBHAL LALIWALA ETC.versusSTATE OF GUJARAT AND ANR.

1990 INSC 301Appeal(s) allowed

The case arose from the June 9, 1985 communal riot in Dabgarwad, Gujarat, where a mob set fire to the house of Maniben, killing her, her daughters, grandchildren and a neighbour’s son. The appellants were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1985 and several …

SHAM SUNDERversusPURAN AND ANR.

1990 INSC 298Disposed 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, …

GURBAX SINGH S/O CHANDA SINGHversusFINANCIAL COMMISSIONER AND ANR.

1990 INSC 296Appeal(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 …

SAMRAT INTERNATIONAL (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1990 INSC 295Appeal(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 …

INDIAN METALS AND FERRO ALLOYS LTD.versusUNION OF INDIA AND ORS.

1990 INSC 297Disposed 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) …

KRISHNA KISHORE FIRMversusGOVT. OF. A.P. AND OTHERS

1990 INSC 299Appeal(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 …

RAMESH CHANDRAversusSHIV CHARAN DASS AND ORS.

1990 INSC 300Dismissed

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 …

KUMARI SHRILEKHA VIDYARTHI ETC. ETCversusSTATE OF U.P. AND ORS.

1990 INSC 294Appeal(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 …

D.M. BHARATIversusL.M. SUD AND ORS.

1990 INSC 293Dismissed

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 …

STATE OF MADHYA PRADESH AND ANR.versusG.S. DALL AND FLOUR MILLS

1990 INSC 291Dismissed

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 …

PUNJAB TRADERS AND ORS.versusSTATE OF PUNJAB AND ORS.

1990 INSC 285Dismissed

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 …

VEERATIALINGAM AND OTHERSversusRAMESH AND OTHERS

1990 INSC 286

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 …

DR. TARAKPRASAD RAJARAMversusSMT. VESTA UKARA (DEAD) BY LRS. AND ORS.

1990 INSC 287Dismissed

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 …

SHESHRAO JANGLUJI BAGDEversusBHAIYYA S/O GOVINDRAO KARALE AND ORS.

1990 INSC 288Disposed 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) …

ARDHENDU BHUSAN HALDAR (DEAD) BY L.RS. ETC. ETC.versusSMT. GANGAMONI MONDAL ETC. ETC.

1990 INSC 289Dismissed

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 …

U. PONNAPPA MOOTHAN SONS, PALGHATversusCATHOLIC SYRIAN BANK LTD. AND OTHERS

1990 INSC 290Dismissed

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 …

BALDEV RAJversusSTATE OF HARYANA

1990 INSC 284Dismissed

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 …

ESKAYEF LIMITEDversusCOLLECTOR OF CENTRAL EXCISE

1990 INSC 281Dismissed

The appellant, ESKA YEF Ltd., manufactured Bifuran Supplement, Neftin‑50 and Neftin‑200 and claimed they were exempt from central excise duty as "animal feed supplements" under Item 68 of the Central Excise Tariff, relying on a 1984 notification. The Revenue argued that the products contained …

KAMARUNNISSA ETC. ETC.versusUNION OF INDIA AND ORS.

1990 INSC 282Dismissed

The wives of three men detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) challenged the validity of the detention orders, arguing that the men were already in custody, that the grounds described the offence as "bailable" indicating …

INCOME TAX OFFICER, CALICUTversusSMT. N.K. SARADA THAMPATTY

1990 INSC 280Appeal(s) allowed

The respondent, a member of a Hindu Undivided Family (HUF), claimed that a partition agreement dated 3 July 1958 and a subsequent civil court decree had dissolved the HUF, so that the family could not be taxed as a HUF for assessment years 1967-68, 1968-69 and 1969-70. The Income Tax Officer …

GOVT. OF ANDHRA PRADESH AND ORS. ETC.versusM.A. KAREEM AND OTHERS ETC.

1990 INSC 283Appeal(s) allowed

The case involved two groups of civil servants. Lower Division Clerks (LDCs) from district police offices were appointed to the Chief Office in 1970 on the condition that they would forgo seniority based on their prior service; after 13 years they sought to have that seniority counted, and the …

KULWANT SINGH GILLversusSTATE OF PUNJAB

1990 INSC 278Appeal(s) allowed

The appellant, an Inspector in the Punjab Food and Supplies Department, was charged with purchasing sub‑standard wheat and, after giving an explanation, was penalised by the disciplinary authority with stoppage of two pay increments having a cumulative effect. The appellant contended that such a …

P.N. VEETI NARAYANIversusPATHUMMA BEEVL AND ANOTHER

1990 INSC 279Dismissed

The appellant sought to enforce a decree for Rs.56,769.80 against the estate of the deceased Muslim debtor Vellappa Rawther. The High Court had reduced the decree to one‑fourth, holding that the debt was divided among the heirs according to Muslim Personal Law and that the acknowledgment and partial …

G.B. MAHAJAN AND ORSversusJALGAON MUNICIPAL COUNCIL AND ORS.

1990 INSC 277Dismissed

The Jalgaon Municipal Council, having received a gift of land, sought to develop it by constructing an administrative building, a vegetable market and a commercial complex on a self‑financing basis, appointing a private developer (Respondent No. 6) to execute the project and to dispose of occupancy …

DESH RAJ GUPTAversusINDUSTRIAL TRIBUNAL IV, U .P. LUCKNOW AND ANOTHER

1990 INSC 276Appeal(s) allowed

The appellant, D.R. Gupta, an assistant cashier of Rampur Zila Sahkari Bank, was suspended and dismissed after a domestic inquiry that was later found to have violated principles of natural justice. A reference under s.4‑K of the U.P. Industrial Disputes Act was made to an Industrial Tribunal, where …

BARA SINGHversusKASHMIRA SINGH AND ORS.

1990 INSC 275Appeal(s) allowed

The case concerned the sale of a 3/5 share of ancestral land by three Jat Sikh co‑owners who had migrated from their village. The remaining co‑owners filed a declaratory suit claiming that, under local custom, ancestral land could not be alienated except for necessity or as a bona‑fide act of good …

YADLAPATI VENKATESWARLUversusSTATE OF ANDHRA PRADESH AND ANR.

1990 INSC 273Dismissed

The Vijayawada Municipal Council originally levied property tax under the Andhra Pradesh (Andhra Areas) District Municipalities Act, 1920. After the Andhra Pradesh Municipalities Act, 1965 repealed the old Act, the State Government issued several General Orders directing the council to levy tax …

MISS LIZA ARULANANDAMversusSMT. A.S. SULOCHANA

1990 INSC 272Dismissed

Miss Liza, the tenant, occupied a double‑storeyed building and paid Rs 170 per month. The landlady applied under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (as amended by Act 23 of 1973) for fixation of a fair rent. The Rent Controller, after an enquiry and based on a …

ASHOK KUMARversusSTATE OF RAJASTHAN

1990 INSC 274Dismissed

Ashok Kumar was charged with murdering his sister‑in‑law, Asha Rani, by burning her to death in a dowry‑related dispute. The trial court acquitted him, finding no motive, contradictions in medical testimony, and a defective investigation. The Rajasthan High Court, invoking Sections 378 and 386 of …

DR. (MRS.) KIRTI DESHMANKARversusUNION OF INDIA AND ORS.

1990 INSC 270Dismissed

The appellant and respondent No.5 were candidates for a postgraduate obstetrics and gynaecology seat at G.R. Medical College, Gwalior. The appellant challenged the admission of the foreign‑national respondent on two grounds: (i) the respondent’s mother‑in‑law, a former professor, sat on the College …

PERIYAR AND PAREEKANNI RUBBERS LTD.versusSTATE OF KERALA

1990 INSC 271Appeal(s) allowed

The State of Kerala acquired 190.37 acres of land from Periyar and Pareekanni Rubbers Ltd. for irrigation and industrial projects under the Kerala Land Acquisition Regulation, 1089. The Collector fixed the market value at very low rates, which the appellant challenged, seeking higher compensation, …

INDIRA BAIversusNAND KISHORE

1990 INSC 269Appeal(s) allowed

The appellant, Indira Bai, bought property and built a godown with the assistance of the respondent, Nand Kishore, who did not initially assert any pre‑emptive right. After construction, the respondent served a notice claiming his statutory right of pre‑emption under the Rajasthan Pre‑emption Act, …

J.K. AGGARWALversusHARYANA SEEDS DEVELOPMENT CORPORATION LTD. AND ORS

1990 INSC 268Appeal(s) allowed

The appellant, J.K. Aggarwal, a Company Secretary of Haryana Seeds Development Corporation Ltd., faced a disciplinary inquiry that could lead to his dismissal. He sought permission to be represented by a lawyer under Rule 7(5) of the Haryana Civil Services (Punishment and Appeal) Rules, 1952, but …

DELHI TRANSPORT CORPORATIONversusD.T.C. MAZDOOR CONGRESS

1990 INSC 265Dismissed

The Delhi Transport Corporation (DTC) terminated the services of three permanent employees under Regulation 9(b) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, which allowed termination by one month's notice or pay in lieu thereof without assigning …

SARASWATI INDUSTRIAL SYNDICATE LTD.versusC.I.T., HARYANA, HIMACHAL PRADESH, DELHI

1990 INSC 266Appeal(s) allowed

Saraswati Industrial Syndicate Ltd. (the appellant) claimed exemption from tax on Rs.58,735, a trading liability that had been allowed to the Indian Sugar Company before it was amalgamated into Saraswati in 1962. The Income Tax Officer and the Appellate Assistant Commissioner disallowed the claim, …

JUTE CORPORATION OF INDIA LTD.versusCOMMISSIONER OF INCOME TAX AND ANR.

1990 INSC 267Disposed off

The Jute Corporation of India Ltd. was assessed for income tax for AY 1974-75 and later claimed a deduction of Rs.11,54,995 for its liability to Purchase Tax, an issue not raised before the Income Tax Officer. While hearing its appeal before the Appellate Assistant Commissioner, the corporation was …

TEK CHAND (DEAD) BY L.RS. AND ORS.versusUNION OF INDIA AND ORS. ETC.

1990 INSC 262Appeal(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 …

U.P. JUNIOR DOCTORS' ACTION COMMITTEEversusDR. B. SHEETAL NANDWANI AND ORS.

1990 INSC 263Appeal(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 …

DR. DINESH KUMAR AND ORS.versusMOTI LAL NEHRU MEDICAL COLLEGE, ALLAHABAD AND ORS.

1990 INSC 264IA 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 …

RAM CHANDRA SINGH (DEAD) THROUGH LEGAL HEIRSversusSTATE OF U.P. AND OTHERS

1990 INSC 261Dismissed

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. …

KISHORE CHANDversusSTATE OF HIMACHAL PRADESH

1990 INSC 260Appeal(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 …

S.N. MUKHERJEEversusUNION OF INDIA

1990 INSC 257Dismissed

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 …

S. HARCHARAN SINGHversusUNION OF INDIA

1990 INSC 258Disposed 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 …

STATE OF WEST BENGALversusATUL KRISHNA SHAW AND ANR.

1990 INSC 259Appeal(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 …

STATE BANK OF INDIAversusWORKMEN OF STATE BANK OF INDIA AND ANR.

1990 INSC 254Appeal(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 …

KUMARI APARNA SHRIKANT BHAYEversusSTATE OF MAHARASHTRA AND ORS.

1990 INSC 253Dismissed

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, …

SHARP BUSINESS MACHINES PVT. LTD., BANGALOREversusCOLLECTOR OF CUSTOMS, BANGALORE

1990 INSC 255Dismissed

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 …

CHAUDHARY KESAVA RAO AND ORS. ETC.versusSTATE OF ANDHRA PRADESH

1990 INSC 256Dismissed

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 …

KARNANI PROPERTIES LTD.versusSTATE OF WEST BENGAL AND ORS.

1990 INSC 250Dismissed

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 …

M.B. MAJUMDARversusUNION OF INDIA

1990 INSC 247Dismissed

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 …

RAM BHAWAN SINGH AND ORS.versusJAGDISH AND ORS.

1990 INSC 251Dismissed

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 …

VINAYA KUMAR SHUKALversusLAKHPAT RAM AND ANOTHER

1990 INSC 252Appeal(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 …

JAMSHEDPUR CONTRACTORS' WORKERS' UNIONversusSTATE OF BIHAR AND ORS.

1990 INSC 249Disposed 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. …

SOHAN LAL AND ORS.versusSTATE OF RAJASTHAN

1990 INSC 240Appeal(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 …

VASANTKUMAR RADHAKISAN VORAversusBOARD OF TRUSTEES OF THE PORT OF BOMBAY

1990 INSC 241Dismissed

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) …

INDIA CEMENT LTD. ETC.versusUNION OF INDIA AND OTHERS

1990 INSC 238Dismissed

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 …

H.S.S.K. NIYAMI AND ORS.versusUNION OF INDIA AND ANR.

1990 INSC 242Dismissed

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 …

DR. SURESH CHANDRA VERMA AND ORS.versusCHANCELLOR, NAGPUR UNIVERSITY AND ORS.

1990 INSC 244Dismissed

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 …

AYUB @PAPPU KHAN NAWAB KHAN PATHANversusS.N. SINHA AND ANR.

1990 INSC 239Appeal(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 …

BHARAT COKING COAL LTD. AND ANR.versusSTATE OF BIHAR AND ORS.

1990 INSC 232Appeal(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 …

U.P. STATE ROAD TRANSPORT CORPORATIONversusMUNIRUDDIN

1990 INSC 234Disposed 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 …

BAGH AMBERPET WELFARE SOCIETYversusTULSI COOPERATIVE HOUSING SOCIETY AND ORS.

1990 INSC 231Disposed 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, …

UNION OF INDIA AND ANR.versusPARAS LAMINATES (P) LTD.

1990 INSC 235Appeal(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 …

GOPINDER SINGHversusFOREST DEPARTMENT OF HIMACHAL PRADESH AND ORS.

1990 INSC 236Dismissed

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 …

S.V. SIVASWAMI SERVAIversusHAFEZ MOTOR TRANSPORT (FIRM) AND ORS.

1990 INSC 237Appeal(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. …

CHHETRIYA PARDUSHAN MUKTI SANGHARSH SAMITIversusSTATE OF U.P AND ORS.

1990 INSC 230Dismissed

The Chhetriya Pardushan Mukti Sangharsh Samiti filed a letter alleging that an oil mill and a refinery in the Sarnath area were causing severe air and water pollution, leading to health hazards and ecological damage, and treated the letter as a writ petition under Article 32. The respondents, …

SYNDICATE BANK SCHEDULED CASTES AND SCHEDULED TRIBES EMPLOYEES ASSOCIATION (REGD.), THROUGH ITS GENERAL SECRETARY, SHRI K.S. BADLIA AND ORS.versusUNION OF INDIA, THROUGH ITS ADDITIONAL SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS), BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI-1

1990 INSC 227Appeal(s) allowed

The Syndicate Bank Scheduled Castes and Scheduled Tribes Employees Association filed a writ petition under Article 32 seeking enforcement of the constitutional reservation policy for SC/ST employees in promotional Group ‘A’ officer posts of Syndicate Bank. The bank, following a 1981 circular, argued …

DR. TRILOKI NATH SINGHversusDR. BHAGWAN DIN MISRA AND ORS.

1990 INSC 228Dismissed

A selection committee was formed to appoint a Reader in Linguistics in the Department of Hindi at the University of Lucknow. The committee, comprising three experts in Hindi literature rather than linguistics, recommended Dr. Triloki Nath Singh for the post, placing Dr. Bhagwan Din Misra second. Dr. …

YOGESH KUMAR AND ORS.versusBHARAT PETROLEUM CORPN. LTD. AND ORS.

1990 INSC 229Dismissed

The petition concerned the cancellation of a No Objection Certificate (NOC) issued under Rule 144 of the Petroleum Rules, 1976 to Bharat Petroleum Corporation Ltd for operating a petrol pump on a lease‑hold site. The District Magistrate, invoking Rule 151, cancelled the NOC on the ground that the …

D.V. KAPOORversusUNION OF INDIA AND ORS.

1990 INSC 225Appeal(s) allowed

The appellant, a civil servant, was transferred to New Delhi but failed to report for duty, leading to disciplinary proceedings under the Central Civil Services (Conduct) Rules. While the proceedings were pending, he took voluntary retirement, and the government continued the enquiry under Rule 9 of …

NORTHERN CORPORATIONversusUNION OF INDIA AND ORS.

1990 INSC 221Disposed off

Northern Corporation imported MSCR defective sheets in 1984 and stored them in a customs warehouse. The Income Tax Department imposed a ban under Section 132(1) of the Income Tax Act, 1961, preventing the goods from being cleared. After the ban was lifted in 1988, customs demanded payment of duty at …

LAMINATED PACKINGS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, GUNTUR

1990 INSC 222Dismissed

Laminated Packings (P) Ltd. lamination of duty‑paid kraft paper with polyethylene produced polyethylene‑laminated kraft paper. The issue was whether this process amounted to "manufacture" under Section 2(f) of the Central Excises and Salt Act, 1944 and thus attracted excise duty. The Collector …

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIAversus-

1990 INSC 218Disposed off

The President of India referred a complaint under Article 317(1) to the Supreme Court alleging that a member of the Punjab Public Service Commission, G.K. Saini, slapped the Chairman, Santosh Chowdhary, without provocation. After extensive evidence, including affidavits of the Chairman, three other …

KHANJAN PALversusSTATE OF U.P.

1990 INSC 219Appeal(s) allowed

Khanjan Pal was accused of stabbing his co‑worker Deep Singh to death in a factory. The trial court acquitted him, discarding eye‑witness testimony and finding reasonable doubt. On appeal, the Allahabad High Court accepted the witnesses, found Pal responsible for the death, and convicted him under …

J.L. VARANDANIversusSMT. ASHALATA MUKHERJEE (DEAD) BY LRS.

1990 INSC 217Dismissed

The appellant, a tenant, defaulted on rent and was sued for eviction by the landlady. He filed petitions under Sections 17(2) and 17(2A) of the West Bengal Premises Tenancy Act, seeking to deposit arrears in instalments and to obtain protection against eviction under Section 17(4). The trial court …

LIFE INSURANCE CORPORATION OF INDIAversusINDIA AUTOMOBILES AND CO. AND ORS.

1990 INSC 216Dismissed

The Life Insurance Corporation of India (LIC) acquired two properties on Mount Road, Madras, which had been leased to India Automobiles. LIC applied to the Rent Controller for fixation of fair rent, but the tenants argued that the lease covered only vacant land and that the superstructures they …

GURJA BEDIA AND ORS.versusSTATE OF BIHAR

1990 INSC 215Appeal(s) allowed

The appellants, three brothers, were convicted under IPC sections 302, 394 and 34 for the murder of Bigna Bedia and robbery of his house. The sole eye‑witness, the victim's wife (PW‑14), claimed to have identified the accused but later said she was unconscious until the police arrived, casting doubt …

ABRAHAM MATHAIversusSUB-COLLECTOR (LAND ACQ. OFFICER) AND ORS.

1990 INSC 214Dismissed

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 …

CHAIRMAN, SCHOOL OF BUDDHIST PHILOSOPHY, LEHversusMAKHAN LAL MATTO AND ANR.

1990 INSC 212Dismissed

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 …

SHASHIKANT LAXMAN KALE AND ANR.versusUNION OF INDIA AND ANR.

1990 INSC 208Dismissed

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 …

RAJ KUMAR RAJINDER SINGHversusSTATE OF HIMACHAL PRADESH AND OTHERS

1990 INSC 209Appeal(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 …

BRIJ MOHAN AND ORS.versusSMT. SUGRA BEGUM AND ORS.

1990 INSC 206Dismissed

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 …

STATE BANK OF INDIA & ORS. ETC.versusS. VIJAYA KUMAR & ORS. ETC.

1990 INSC 205Appeal(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 …

DR. DAMODAR PANDA ETC.versusSTATE OF ORISSA ETC.

1990 INSC 203Disposed 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 …

SMT. KUSUM LATA SINGHALversusCOMMISSIONER OF INCOME TAX RAJASTHAN, JAIPUR AND ORS.

1990 INSC 204Dismissed

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 …

D.B. RAJUversusH.J. KANTHARAJ AND OTHERS

1990 INSC 202Dismissed

The appellant D.B. Raju contested his election to the Karnataka Legislative Council, alleging that the 242 nominated members from 121 Mandal Panchayats were added to the electoral roll after the deadline for filing nomination papers (3 p.m., 3 June 1988). The High Court held that the roll was not …