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Judgments of 1990

401 judgments · newest first · showing 201–400

KRISHENA KUMAR AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.

1990 INSC 201Dismissed

The petitioners, retired railway employees who had opted for the Contributory Provident Fund (CPF) scheme, challenged twelve Railway Board notifications that allowed certain CPF retirees, after specified cut‑off dates, to switch to the pension scheme while denying the same option to other similarly …

SMT. AZRA FATIMAversusUNION OF INDIA AND OTHERS

1990 INSC 198Dismissed

The wife of Syed Ali Raza Shafiq Mohammed filed a writ petition challenging his preventive detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detenu was already in judicial custody with his bail application rejected, and the …

DABUR INDIA LTD. AND ANR.versusSTATE OF UTTAR PRADESH AND ORS.

1990 INSC 197Disposed off

M/s Dabur India Ltd. manufactured a homeopathic toothpaste called Homeodent for M/s Sharda Boiron Laboratories between 1985 and 1988 and paid excise duty under the Central Excises & Salt Act, 1944. The State Excise authorities later claimed that Homeodent contained alcohol (through mother‑tincture) …

COMMISSIONER OF INCOME-TAX, MADRASversusK.R. SADAYAPPAN

1990 INSC 195Appeal(s) allowed

K.R. Sadayappan, a film distributor, purchased a plot of land in his son's name for a total consideration of Rs.1,40,000, but his wealth statement omitted this investment and his return showed only Rs.80,000. The Income Tax Officer treated the unaccounted Rs.18,750 as undisclosed income and imposed …

STATE OF MADHYA PRADESH AND ORS.versusRAMESHWAR RATHOD

1990 INSC 196Dismissed

The respondent's truck was seized by police on 10 December 1974 for an alleged violation of the Essential Commodities Act, 1955 that purportedly occurred on 15 March 1972. The respondent sought the vehicle's return through petitions before the Madhya Pradesh High Court, which held that Section 6A of …

SYED FAROOQ MOHAMMADversusUNION OF INDIA AND ANR.

1990 INSC 194Dismissed

Syed Farooq Mohammad was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 after narcotics were seized from two cars on 19 July 1989. He challenged the detention on grounds of a five‑month delay in issuing the order, a further …

T. RAMAKRISHNIAHversusSTATE OF KARNATAKA

1990 INSC 191Dismissed

The appellant, a chartered accountant, was appointed as a non‑official member of the Karnataka Sales Tax Appellate Tribunal under Section 4(2) of the Karnataka Sales Tax Act, 1957, with his tenure periodically extended. Upon retirement he claimed a superannuation pension under the Mysore Civil …

BANK OF INDIAversusT.S. KELAWALA AND ORS.

1990 INSC 192Appeal(s) allowed

The Supreme Court considered two appeals involving Bank of India and a private company concerning wage deductions during industrial actions. In the first appeal, employees participated in a four‑hour strike covering crucial banking hours; the Bank had issued a circular stating that participants …

RURAL LITIGATION AND ENTITLEMENT KENDRA AND ORS.versusSTATE OF U.P. AND ORS.

1990 INSC 188Disposed off

The Supreme Court revisited the Doon Valley mining dispute, where earlier orders (30 August 1988) had halted all mining except for a few cases and directed afforestation of the valley. Numerous applications were filed thereafter seeking permission to remove stacked material or extensions of time, …

LT. GOVERNOR OF DELHI AND ORS.versusCONST. DHARAMPAL AND ORS.

1990 INSC 193Dismissed

The respondents were Delhi Police constables whose services were terminated in April 1967 for taking part in an agitation. They filed writ petitions seeking quashing of the termination orders and reinstatement, relying on earlier High Court judgments that declared similar terminated constables to …

INDIAN TEXTILE PAPER TUBE CO. LTD.versusCOLLECTOR OF CUSTOMS, MADRAS

1990 INSC 190

The appellant, Indian Textile Paper Tube Co. Ltd., imported goods that were initially classified under a higher duty heading and later obtained a refund order after the Appellate Collector re‑classified them under a lower duty heading. The Central Government, exercising suo motu power under Section …

SHAMBHU DAYAL AGARWALAversusSTATE OF WEST BENGAL AND ANR.

1990 INSC 185Dismissed

The petitioner, a mustard oil manufacturer, had 562 bags of mustard seeds and 262 tins of oil seized under the Essential Commodities Act, 1955 for alleged licence violations. After the seizure, the Collector, invoking section 6E, ordered the release of the goods to the petitioner, even though …

RAMESH CHANDRAversusRANDHIR SINGH AND ORS.

1990 INSC 180Dismissed

The claimant, Randhir Singh, suffered permanent disability after a collision with a truck owned by Ramesh Chandra and sought compensation for loss of earnings, treatment expenses, and general damages for pain and suffering. The Motor Accident Claims Tribunal awarded compensation under three separate …

NEELAGANGABAI AND ANR.versusSTATE OF KARNATAKA AND ORS.

1990 INSC 181Dismissed

The appellants owned land that was acquired by the Hubli Dharwar Municipal Corporation for its own purposes. A reference under Section 18 of the Land Acquisition Act, 1894 was made to a civil court for determination of compensation, but the court proceeded without serving notice to the corporation …

UNION OF INDIA AND ORS.versusSUKUMAR SENGUPTA AND ORS.

1990 INSC 177Disposed off

The case concerned the implementation of the 1974 and 1982 India‑Bangladesh agreements concerning the lease of a small tract of land (Teen Bigha) to enable Bangladesh’s access to its enclaves Dahagram and Angarpota. The petitioners argued that the agreements amounted to a cession of Indian territory …

TARA CHAND AND ANR.versusRAM PRASAD

1990 INSC 184Dismissed

Anandi Bai held a shop in Jaipur under an 11‑month lease that was terminated by a notice under Section 106 of the Transfer of Property Act, but she continued in possession and paid rent, becoming a statutory tenant. She died in September 1966 and her heirs (the appellants) were sued for ejectment by …

GAZI KHAN @ CHOTIAversusSTATE OF RAJASTHAN AND ANR.

1990 INSC 170Appeal(s) allowed

Gazi Khan, detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989, filed a representation under Article 22(5) of the Constitution. The representation was disposed of after an unexplained delay of 27 days, including a 7‑day gap with no …

MARRI CHANDRA SHEKHAR RAOversusDEAN, SETH G.S. MEDICAL COLLEGE AND ORS.

1990 INSC 168Disposed off

M.C.S. Rao, born in Andhra Pradesh and belonging to the Gouda community, held a Scheduled Tribe certificate and applied for MBBS seats in Maharashtra seeking reservation benefits. His application was rejected because the Gouda community is not listed as a Scheduled Tribe in Maharashtra. The …

VISHAL JEETversusUNION OF INDIA AND ORS.

1990 INSC 171Disposed off

Vishal Jeet filed a public‑interest writ petition under Article 32 seeking a CBI inquiry into police negligence, the forced prostitution, Devadasi and Jogini systems, and rehabilitation of victims. The Court observed that prostitution is a socio‑economic problem requiring preventive, not merely …

SUNIL GUPTA AND ORS.versusSTATE OF MADHYA PRADESH AND ORS.

1990 INSC 172Disposed off

The petitioners, social workers who staged a peaceful dharna for school teachers, were arrested, convicted under Section 186 IPC and sentenced to one month’s imprisonment. After serving the sentence they were detained further and alleged that police handcuffed and paraded them in public without any …

F.S. GANDHI (DEAD) BY LRS.versusCOMMISSIONER OF WEALTH TAX, ALLAHABAD

1990 INSC 173Appeal(s) allowed

F.S. Gandhi, the deceased, owned several lease‑hold properties in Allahabad. The leases expired in 1958 and 1963 and the Government of Uttar Pradesh served notices to vacate, but the assessee continued to occupy the premises under a month‑to‑month tenancy and collected rent. The Wealth Tax Officer, …

STATE OF UTTAR PRADESHversusMOTI RAM AND ANR. ETC. ETC.

1990 INSC 174Dismissed

The State of Uttar Pradesh appealed to the Supreme Court against the High Court's order acquitting 24 of the 41 accused in a mass‑murder case that left 13 victims dead. The prosecution alleged a conspiracy by the accused to murder the victims during a sugar‑cane cutting, relying heavily on the …

KRISHNA KUMAR KHEMKAversusGRINDLAYS BANK P.L:C AND ORS.

1990 INSC 175Dismissed

The appellant sought a declaration that certain properties belonged to a joint family and that a trust over them was void. A receiver was appointed with an injunction restraining any "transfer" of the properties. Grindlays Bank, the original tenant of four flats, surrendered two flats to Tata …

MAHESH KUMAR CHAUHAN @ BANTIversusUNION OF INDIA AND ORS.

1990 INSC 176Appeal(s) allowed

Mahesh Kumar Chauhan was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation challenging his detention on 18‑21 August 1989, which was forwarded to the sponsoring authority on 25 August and the authority’s …

S.B. SARKAR AND ORS.versusUNION OF INDIA AND ORS.

1990 INSC 166Disposed 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 …

STATE OF PUNJAB AND ORS.versusNACHHATTAR SINGH

1990 INSC 167Appeal(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 …

SURYAKUMAR GOVINDJEEversusKRISHNAMMAL AND ORS.

1990 INSC 163Dismissed

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 …

ROHIT PULP AND PAPER MILLS LTD.versusCOLLECTOR OF CENTRAL EXCISE, BARODA

1990 INSC 164Appeal(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 …

MISS SHAINDA HASANversusSTATE OF UTTAR PRADESH AND ORS.

1990 INSC 159Dismissed

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 …

D. HANMANTH RAO AND ORS. ETC.versusSTATE OF A.P. AND ORS. ETC.

1990 INSC 158Dismissed

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 …

UCO BANKversusHEM CHANDRA SARKAR

1990 INSC 160Dismissed

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. …

M.J. ZAKHARIA SAITversusT.M. MOHAMMED AND ORS.

1990 INSC 161Appeal(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 …

HIND BUILDERS ETC.versusUNION OF INDIA AND VICE-VERSA

1990 INSC 153Appeal(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. …

UNION OF INDIA AND ORS.versusM/S WOOD PAPERS LTD. AND ANR

1990 INSC 154Appeal(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 …

DR. YOGESH BHARDWAJversusSTATE OF U.P. AND ORS.

1990 INSC 155Appeal(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 …

RAM EKBAL SHARMAversusSTAIB OF BIHAR & ANR.

1990 INSC 156Appeal(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 …

N. NAGARAJA ETC.versusVASANT K. GUDODAGI AND ORS.

1990 INSC 157Dismissed

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 …

SMT. SHANTI DEVI L. SINGH AND ANR.versusTAX RECOVERY OFFICER AND ORS.

1990 INSC 152Appeal(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 …

SMT. PUSPA SEN GUPTAversusSMT. SUSMA GHOSE

1990 INSC 147Dismissed

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 …

CHANAN LAL AND ORS.versusSMT. AZIZUNISHA

1990 INSC 148Dismissed

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 …

NEW INDIA ASSURANCE CO. LTD.versusRAM DAYAL AND ORS.

1990 INSC 149Dismissed

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 …

VIJAYEE SINGH AND ORS.versusSTATE OF UTTAR PRADESH

1990 INSC 145

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 …

K.P. PERIANNANversusGOVERNMENT OF TAMIL NADU AND ORS.

1990 INSC 150Appeal(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 …

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 151Dismissed

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 …

HOSHIARPUR IMPROVEMENT TRUSTversusPRESIDENT LAND ACQUISITION TRIBUNAL AND OTHERS.

1990 INSC 143Appeal(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 …

STATE OF MAHARASHTRAversusMAHADEO DEOMAN RAI ALIAS KALAL AND OTHERS

1990 INSC 142Appeal(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 …

OTHAYATH LEKSHMY AND ANR.versusNELLACHINKUNIYIL GOVINDAN NAIR AND ORS.

1990 INSC 144Appeal(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 …

MATHURA PRASADversusAJEEM KHAN

1990 INSC 140Appeal(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 …

ELIZABETH ANTONYversusMICHEL CHARLES JOHN CHOWN LENGERA

1990 INSC 138Dismissed

The petitioner, Elizabeth Antony, lodged a caveat to oppose the grant of probate of a will claimed to have been executed by the deceased Mary Aline Browne, alleging that the will was fictitious and that she had a caveatable interest arising from a trust, a gift deed and a later will of Zoe Enid …

STATE OF BIHAR AND ORS.versusRAMJEE PRASAD AND ORS.

1990 INSC 136Appeal(s) allowed

The State of Bihar advertised vacancies for junior teaching posts in its medical colleges and fixed 31 January 1988 as the last date for receipt of applications, requiring three years of experience as a Resident or Registrar. Several junior teachers, including Ramjee Prasad, challenged the cut‑off …

SABYASCHI SENGUPTA AND ORS.versusNANI GOPAL DATTA AND ORS.

1990 INSC 137Disposed off

A batch of West Bengal Civil Service (Executive) officers filed a writ petition under Article 226 seeking seniority rules. The Calcutta High Court ordered the State to frame such rules and later stayed its own judgment for eight weeks, allowing the State to fill vacancies. The State appealed, and …

MISS RAJ SONIversusAIR OFFICER INCHARGE ADMINISTRATION & ANR.

1990 INSC 131Appeal(s) allowed

The petitioner, a teacher who joined before the Delhi Education Act, 1973, claimed she was entitled to retire at age 60 under Section 208 of the Delhi Education Code, which was protected for existing employees by Section 8(1) of the Act and Rule 110 of the Rules. The school management, a society run …

MALLIKARJUNA RAO AND ORS. ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS. ETC. ETC.

1990 INSC 132Appeal(s) allowed

The case concerned whether a High Court or an Administrative Tribunal could compel the State of Andhra Pradesh to amend the Andhra Pradesh Animal Husbandry Service‑Special Rules, 1977, which governed promotions of Veterinary Assistant Surgeons. Petitioners sought to have promotions made solely on …

STATE OF HARYANA AND ANRversusRAM DIYA

1990 INSC 133Dismissed

The State of Haryana appealed against High Court orders directing it to consider premature release of two convicts whose death sentences had been commuted to life imprisonment. The convicts were sentenced before the 1978 amendment introducing Section 433A of the CrPC, which mandates a minimum of 14 …

A.P. PUBLIC SERVICE COMMISSION, HYDERABAD & ANR.versusB. SARAT CHANDRA & ORS.

1990 INSC 135Appeal(s) allowed

The Andhra Pradesh Public Service Commission advertised a combined examination in 1983 for Grade‑I services, specifying that candidates for Deputy Superintendent of Police must be at least 21 years old on 1 July 1983. The respondent, B. Sarat Chandra, was 19 days short of this age and was therefore …

SARDA PLYWOOD LTD. AND ANRversusUNION OF INDIA AND ORS.

1990 INSC 130Dismissed

Sarda Plywood Ltd. and another challenged a 1989 notification issued under the Destructive Insects and Pests Act, 1914, which restricted the import of "any plant" including timber logs. The petitioners argued that the timber, intended for plywood manufacture, would not come into contact with crops …

SMT. MAYAWANTIversusSMT. KAUSHALYA DEVI

1990 INSC 126Dismissed

Mayawanti sued Kaushalya Devi for specific performance of a 1971 agreement to sell a factory, machinery and related assets for Rs 50,000, having paid Rs 5,000 as earnest money. The dispute centered on whether the document recorded in the petition writer's register (Exhibit PW‑11/A) proved a valid, …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. HAYAGREEV SARMA

1990 INSC 127Appeal(s) allowed

M. Hayagrevsarma, a government employee, had his date of birth recorded in his service book on the basis of his S.S.L.C. certificate and applied for alteration in 1962, which was rejected in 1968. After the Andhra Pradesh Public Employment (Recording and alteration of date of birth) Rules, 1984 came …

VINAY KUMAR VERMA AND OTHERSversusTHE STATE OF BIHAR AND OTHERS

1990 INSC 128Dismissed

The Supreme Court examined whether the Bihar State Government could, by executive order, merge the cadre of District Engineers (part of the Rural Engineering Organisation, created by a 1965 executive order) with the cadre of Executive Engineers governed by the statutory Bihar Engineering Service …

DR. (MRS.) ROSHAN SAM BOYCEversusB.R. COTTON MILLS LTD. AND ORS.

1990 INSC 124Appeal(s) allowed

The appellant, a landlord, obtained a decree of eviction against B.R. Cotton Mills Ltd. (respondent No.1) but the High Court granted the tenant eight weeks to vacate subject to an undertaking not to part with possession. Respondent No.1, through its director, filed the undertaking without stating …

M. SUNDERAMOORTHYversusTHE STATE OF TAMIL NADU THROUGH INSPECTOR OF POLICE

1990 INSC 123Dismissed

S. Sundaramoorthy, an accountant‑cum‑head clerk in the Tamil Nadu Forest Training School, was accused of demanding and receiving a Rs 100 bribe from canteen contractor PW‑1 after promising to help restore the contractor's licence. A trap was arranged, the money was handed to the appellant, and a …

SANJEEV KUMAR AGGARWALversusUNION OF INDIA AND OTHERS

1990 INSC 121Dismissed

Sanjeev Kumar Aggarwal was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act while already in judicial custody on remand. He challenged the detention on the grounds that the detaining authority had not considered his existing custody, had …

RAM BHAGAT SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

1990 INSC 120Disposed off

The petitioners, SC/ST law graduates, challenged Haryana's Rule 8 which required a uniform 55% aggregate mark for all candidates in the Judicial Service examination, alleging it denied them equality of opportunity despite a 20% reservation. The State argued the mark ensured efficiency. The Supreme …

SANATAN GAUDAversusBERHAMPUR UNIVERSITY AND ORS.

1990 INSC 118Appeal(s) allowed

The appellant, having secured more than 40% marks in his M.A. examination, was admitted to a three‑year LL.B. course but later the university refused to declare his pre‑law and intermediate law examination results, claiming he was ineligible because he did not meet a 40% aggregate requirement. The …

N.T. BEVIN KATTI ETC.versusKARNATAKA PUBLIC SERVICE COMMISSION AND ORS.

1990 INSC 117Appeal(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 …

ANDHRA STEEL CORPORATIONversusCOMMISSIONER OF COMMERCIAL TAXES IN KARNATAKA

1990 INSC 115Appeal(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 …

VASHISHT NARAIN KARWARIAversusSTATE OF U.P. AND ANR.

1990 INSC 113Appeal(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, …

AWADH PRASAD SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

1990 INSC 112Appeal(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 …

D.N. AGRAWAL AND ANR.versusSTATE OF MADHYA PRADESH AND ORS.

1990 INSC 108Dismissed

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. …

KISHAN LAL AND ORS.versusSTATE OF RAJASTHAN & ORS.

1990 INSC 109Dismissed

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 …

STATE OF PUNJAB AND ORS. ETC. ETC.versusJOGINDER SINGH AND ORS. ETC. ETC.

1990 INSC 110Appeal(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 …

KRISHNA SAHAI & ORS.versusSTATE OF U.P. & ORS.

1990 INSC 106Disposed 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 …

DR. V.L. CHANDRA AND ORS. ETC.versusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

1990 INSC 100Disposed 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 …

A.M. MATHURversusPRAMOD KUMAR GUPTA

1990 INSC 103Appeal(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, …

MANJEET SINGH, UDC AND ORS. ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.

1990 INSC 101Appeal(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 …

STATE (THROUGH CBI/NEW DELHI)versusS.J. CHOUDHARY

1990 INSC 104Matter 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 …

V.R. KATARKIversusSTATE OF KARNATAKA AND ORS.

1990 INSC 102Dismissed

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, …

MANIBHAIversusHEMRAJ

1990 INSC 97Appeal(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, …

RAJ KUMAR KARWALversusUNION OF INDIA AND ORS.

1990 INSC 98Dismissed

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 …

KM. NEELIMA MISRAversusDR. HARINDER KAUR PAINTAL AND ORS.

1990 INSC 99Appeal(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 …

SRI KRISHNA DASversusTOWN AREA COMMITTEE, CHIRGAON

1990 INSC 94Dismissed

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 …

PUKHRAJ JAINversusMRS. PADMA KASHYAP AND ANR.

1990 INSC 95Dismissed

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 …

STATE OF TAMIL NADU AND ORS.versusNALLAI COTTON MILLS LTD. AND ORS.

1990 INSC 96Dismissed

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 …

COLLECTOR OF CENTRAL EXCISE, CALCUTTAversusBERGER PAINTS INDIA LTD.

1990 INSC 91Disposed 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 …

COMMISSIONER OF SALES TAX, U.P. LUCKNOWversusATMA RAM MISRA ETC.

1990 INSC 92Dismissed

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 …

B. KRISHNA BHATversusUNION OF INDIA AND ORS.

1990 INSC 90Dismissed

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. …

M.B. ABDULLAversusCOMMISSIONER OF INCOME-TAX, KERALA

1990 INSC 93Dismissed

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 …

ASSAM SILLIMANITE LTD. AND ANR.versusUNION OF INDIA AND ORS.

1990 INSC 89Disposed off

Assam Sillimanite Ltd. held three mining leases for sillimanite in Meghalaya, which were prematurely terminated by the State Government on 7 December 1972 under section 4A of the Mines and Minerals (Regulation and Development) Act, 1951, without giving the lessee any notice. The company filed a writ …

HUNDRAJ KANYALAL SAJNANI ETC.versusUNION OF INDIA AND ORS.

1990 INSC 88Dismissed

The petitioners, Group‑A Income‑Tax officers promoted from Group‑B, challenged the 1973 Seniority Rules and the accompanying seniority list, alleging that the rules were based on a mistaken finding that promotions exceeded the statutory quota and that the classification of officers into Group‑A and …

GRAM PANCHAYAT AND ANR.versusSHREE VALLABH GLASS WORKS LIMITED AND ORS.

1990 INSC 87Dismissed

The Gram Panchayat sought to recover property tax from Shree Vallabh Glass Works Ltd., which had been declared a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The Board for Industrial and Financial Reconstruction (BIFR) had conducted an enquiry under …

SHRI SITARAM SUGAR COMPANY LIMITED & ANR. ETC.versusUNION OF INDIA & ORS.

1990 INSC 82Dismissed

The petitioners, owners of sugar mills in Uttar Pradesh, challenged the Central Government's notifications fixing levy‑sugar prices on a zonal basis under Section 3(3‑C) of the Essential Commodities Act, 1955, alleging that the price‑fixation was arbitrary, discriminatory and violative of Article …

SANWARMAL KEJRIWALversusVISHWA COOPERATIVE HOUSING SOCIETY LTD. & ORS.

1990 INSC 81Appeal(s) allowed

The appellant, Sanwarml Kejriwal, occupied a flat in Vishwa Cooperative Housing Society under a leave‑and‑license agreement from 1957. After the member‑allottee transferred his interest, the society sought his eviction under Section 91(1) of the Maharashtra Cooperative Societies Act, arguing that …

MRS. T. DEVAKIversusGOVERNMENT OF TAMIL NADU AND ORS.

1990 INSC 79Case Allowed

Mrs. T. Devaki, wife of R. Thamaraikani, challenged a detention order dated 15‑08‑1989 issued under the Tamil Nadu Prevention of Dangerous Activities Act, 1982. The order, passed by the Collector and District Magistrate, alleged that Thamaraikani’s assault on a minister at a public seminar …

GOVIND RAMJI JADHAVversusTHE STATE OF MAHARASHTRA

1990 INSC 80Appeal(s) allowed

The appellant and two others were convicted of murder under Section 302 read with Section 34 IPC and of concealing evidence under Section 201 read with Section 34 IPC. The High Court set aside the murder convictions, confirmed the conviction under Section 201 for the appellant, and enhanced his …

RAM PIARIversusBHAGWANT & ORS.

1990 INSC 76Appeal(s) allowed

The appellant, a disinherited daughter, challenged a will executed by her ailing father one day before his death, which left all property to the sons of her sister. She alleged that the beneficiary's father had taken an active role in drafting the will and that suspicious circumstances surrounded …

MAHABIR AUTO STORES & ORS.versusINDIAN OIL CORPORATION & ORS.

1990 INSC 77Appeal(s) allowed

Mahabir Auto Stores, a partnership firm that had been distributing Indian Oil Corporation's (IOC) lubricants since 1965, filed a writ petition under Article 226 seeking a mandamus directing IOC to continue supply after the corporation abruptly stopped deliveries on 27 May 1983. The High Court …

VANNARAKKAL KALLALATTHIL SREEDHARANversusCHANDRAMAATH BALAKRISHNAN AND ANR.

1990 INSC 78Appeal(s) allowed

The appellant entered into an agreement on 9 October 1978 to purchase 80 cents of land, but before the sale deed was executed the property was attached on 16 November 1978 by a third‑party creditor. The sale deed was executed on 23 November 1978, after the attachment. The Kerala High Court held that …

MOSTT. SIMRIKHIAversusSMT. DOLLEY MUKHERJEE @ SMT. CHHABI MUKHERJEE & ANR.

1990 INSC 73Appeal(s) allowed

The appellant filed a private complaint for offences under IPC sections 323 and 452 before a Judicial Magistrate First Class, who transferred the case to a Second Class Magistrate for enquiry under CrPC sections 192(2) and 202. The Second Class Magistrate issued process against the respondents, who …

C.D. GEORGEversusASSISTANT COMMISSIONER OF CENTRAL EXCISE, TRICHUR

1990 INSC 74Appeal(s) allowed

C.D. George, a licensed gold dealer, kept his showroom on the ground floor of a four‑storeyed building but stored gold ornaments on the third floor. He was charged under the Gold (Control) Act, 1968 for failing to maintain accounts (Sec. 55(3)) and for allegedly carrying on business in premises …

SMT. DULARIA DEVIversusJANARDAN SINGH & ORS.

1990 INSC 75Dismissed

The plaintiff, an illiterate woman, was deceived by defendants who made her sign two deeds—one a genuine gift deed to her daughter and the other a fraudulent sale deed to the defendants—by misrepresenting the character of the documents. She later discovered the fraud and filed a suit to cancel the …

VLRENDRA NATH GUPTA AND ANR.versusDELHI ADMINISTRATION AND ORS.

1990 INSC 72Dismissed

Two teachers of the Kerala Education Society Senior Secondary School, a Delhi‑aided linguistic‑minority institution, challenged the appointment of T.N. Vishwanathan Nair as Vice‑Principal. The school had advertised the post requiring a Master’s degree, teaching experience and the ability to speak …

UNION OF INDIA AND ANOTHERversusVASANBHARTHI AND OTHERS

1990 INSC 68Appeal(s) allowed

The Union of India and an Additional Secretary appealed against a Gujarat High Court order that had quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, against Vasanbharthi Jivanbharthi. The detenu challenged …

STATE OF ANDHRA PRADESHversusP.V. PAVITHRAN

1990 INSC 69Dismissed

The State of Andhra Pradesh filed a criminal appeal against the quashing of an FIR registered against IPS officer P.V. Pavithran under the Prevention of Corruption Act. The FIR was lodged on 8 March 1984, but the investigation report was filed only on 17 September 1987, leading the respondent to …

SMT. SHAKUNTALA MEHRISHIversusNEW DELHI MUNICIPAL COMMIITEE AND ORS.

1990 INSC 66Appeal(s) allowed

The petitioner, a primary teacher who retired in 1977 from an aided school, had opted for pension under a 1975 notification issued under Rule 126 of the Delhi School Education Rules. Despite her retirement, the Delhi Administration delayed payment of pension and gratuity, finally promulgating a …

UNION OF INDIA AND ORS.versusBAKSHI RAM

1990 INSC 70Appeal(s) allowed

Bakshi Ram, a constable of the Central Reserve Police Force, was convicted under Section 10(1) of the CRPF Act for forcibly entering a constable's room and assaulting his wife, and was sentenced to four months' rigorous imprisonment. While his appeal against the conviction was pending, the …

ERA SEZHIYANversusT.R. BALU AND ORS.

1990 INSC 71Dismissed

In a 1986 Rajya Sabha election by the Tamil Nadu Legislative Assembly, the appellant, Era Sezhiyan, lost and challenged the rejection of one ballot paper marked with green ink (a pen different from the blue‑ink pen supplied in the booth) and the acceptance of three ballots where the figure ‘1’ was …

C.D. AILAWADIversusUNION OF INDIA & ORS.

1990 INSC 67Dismissed

C.D. Ailawadi, an Audit Officer in the Defence Services, challenged his compulsory retirement order issued under rule 56(j)(i) of the Civil Services Fundamental Rules, claiming he had an unblemished record and that no review had been conducted six months before he turned 50 or completed thirty years …

SMT. YAMUNA MALOOversusANAND SWARUP

1990 INSC 62Appeal(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 …

STATE OF KARNATAKA AND ORS.versusK.V. KHADER

1990 INSC 63Dismissed

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 …

MUNICIPAL CORPORATION OF DELHIversusAJANTA IRON & STEEL CO. (PVT.) LTD.

1990 INSC 64Dismissed

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 …

BABU RAM GOPAL AND OTHERSversusMATHRA DASS

1990 INSC 65Appeal(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 …

UNION OF INDIA AND ORS.versusM.P. SINGH AND ORS. ETC.

1990 INSC 61Dismissed

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 …

VIJAY KUMAR SHARMA & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.

1990 INSC 59Dismissed

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 …

M.M.R. KHAN AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC.

1990 INSC 60Appeal(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 …

HINDI HITRAKSHAK SAMITI AND ORS.versusUNION OF INDIA AND ORS.

1990 INSC 57Dismissed 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 …

SOM RAJ AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.

1990 INSC 53Dismissed

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 …

SRISH KUMAR CHOUDHURYversusSTATE OF TRIPURA AND ORS.

1990 INSC 56Dismissed

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 …

K.K. KHOSLA & ANR.versusSTATE OF HARYANA & ORS.

1990 INSC 46Dismissed

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 …

J.C. YADAV & ORS.versusSTATE OF HARYANA & ORS.

1990 INSC 47Appeal(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 …

P.K. UNNIversusNIRMALA INDUSTRIES & ORS.

1990 INSC 48Appeal(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 …

GAJANAN NARAYAN PATIL AND ORS.versusDATTATRAYA WAMAN PATIL AND ORS.

1990 INSC 49Dismissed

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 …

SUBHASH MEHTAversusDR. S.P. CHOUDHARY (DEAD) BY LRS.

1990 INSC 50Dismissed

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 …

SAHAB SINGH AND OTHERSversusSTATE OF HARYANA

1990 INSC 51Appeal(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 …

K. JAGADEESANversusUNION OF INDIA AND OTHERS

1990 INSC 44Dismissed

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 …

AMAR DEO PRAKASH AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1990 INSC 45Dismissed

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 …

INDIAN OXYGEN LTD.versusSTATE OF BIHAR & ORS.

1990 INSC 39Appeal(s) allowed

Indian Oxygen Ltd. had two establishments in Bihar where a 1971 settlement granted 14 paid holidays to factory staff and 18 to office staff. The company sought to treat International Labour Day (1 May), a compulsory holiday under the Bihar Industrial Establishments (National and Festival Holidays …

M.P. PRADHANversusUNION OF INDIA & ORS.

1990 INSC 40Appeal(s) allowed

M.P. Pradhan joined the Uttar Pradesh State Government as a paid apprentice on a permanent basis on 1 July 1937 and subsequently held various officiating posts before being appointed to the permanent post of Copyist on 1 August 1941. He retired in February 1976 at the age of 58 and claimed that, …

RATILAL B. SONI & ORS.versusSTATE OF GUJARAT & ORS.

1990 INSC 41Dismissed

The appellants, originally Talatis in Gujarat's Revenue Department, were transferred to the Panchayat Service under the Gujarat Panchayats Act, 1961 and later deputed as Circle Inspectors in the State Service. When vacancies arose, they were reverted to their parent Panchayat cadre, and they claimed …

JOGINDER SINGH SAINI ETC. ETC.versusSTATE OF HARYANA & ANR.

1990 INSC 42Dismissed

The land of the appellants was acquired under the Land Acquisition Act, 1894 for a residential development. The appellants operated a plant nursery and claimed compensation for the nursery plants, potted plants, and mother trees. The Land Acquisition Collector allowed removal of nursery and potted …

SADHU SINGH GHUMANversusFOOD CORPORATION OF INDIA & ORS.

1990 INSC 37Appeal(s) allowed

Food Corporation of India sued Sadhu Singh and others for recovery of Rs.2 lakh based on a contract that contained an arbitration clause. The defendants appeared, sought production of the original agreement to enable filing of a written statement, and then invoked Section 34 of the Arbitration Act, …

M.K. HARIHAR IYERversusAUTHORISED OFFICER LAND REFORMS, TIRUNELVELI

1990 INSC 36Dismissed

M.K. Iyer, a landowner in Kanyakumari district, held more than 30 standard acres and filed a return under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The Authorised Officer determined his family size and allowed him 30 acres plus stridhana for his wife and daughter, …

AKBAR BADRUDIN JIWANIversusCOLLECTOR OF CUSTOMS, BOMBAY

1990 INSC 38Appeal(s) allowed

The appellant, a stone‑processing firm, imported calcareous stone slabs from Italy, obtaining certificates and expert reports that the material was not marble. Customs seized the goods, classifying them as "marble" under tariff entry 25.15 and the restricted item 62 of the Import‑Export Policy, and …

SMT. VIDHYA DHARI BHAGATversusALLAHABAD LAW JOURNAL CO. LTD.

1990 INSC 33Appeal(s) allowed

The landlord (appellant) obtained two eviction orders against the tenant under the Delhi Rent Control Act, 1958: one under section 14(1)(e) for personal bona fide requirement and another under section 14(1)(a) for non‑payment of rent, the latter being settled by compromise with the tenant delivering …

HIRALAL CHAWLA & ANR.versusSTATE OF U.P. & ORS.

1990 INSC 32Disposed off

The Supreme Court dealt with writ petitions filed under Article 32 challenging the acquisition of land previously bought by cooperative housing societies for residential purposes when the area was later notified for the New Okhla Industrial Development Authority (NOIDA). The Court examined the …

DORAB CAWASJI WARDENversusCOOMI SORAB WARDEN & ORS.

1990 INSC 35

The appellant, a co‑owner of an undivided family dwelling, sued to restrain the sale of his brother's half‑share to a stranger and to prevent the stranger from taking possession. The trial court granted an interim mandatory injunction, but the Bombay High Court set it aside, holding that the facts …

MANAGEMENT OF M/S M.S. NALLY BHARAT ENGG. CO. LTD.versusSTATE OF BIHAR & ORS.

1990 INSC 31Appeal(s) allowed

The appellant, Management of M.S. Nally Bharat Engineering Co. Ltd., challenged a notification by the Bihar Government that transferred a pending dismissal reference of a workman (respondent No.4) from the Labour Court, Dhanbad to the Labour Court, Patna under Section 33‑B of the Industrial Disputes …

SMT. PUSHPA DEVI & ORS.versusMILKHI RAM

1990 INSC 29Appeal(s) allowed

Milkhi Ram, the landlord, filed an eviction suit under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 alleging arrears of rent, unauthorised sub‑letting and alterations. The tenants, Pushpa Devi and her son, together with Saligram (who claimed to be a sub‑tenant), tendered the …

CHAIRMAN, TAMIL NADU HOUSING BOARD, MADRASversusT.N. GANAPATHY

1990 INSC 28Dismissed

The Tamil Nadu Housing Board allotted residential plots to low‑income applicants in 1963. In 1975 it issued fresh demands for additional amounts covering excess compensation for land acquisition and development charges. T.N. Ganapathy filed a suit in representative capacity on behalf of all …

KESHAVJI RAVJI & CO. ETC. ETC.versusCOMMISSIONER OF INCOME TAX

1990 INSC 26Appeal(s) allowed

The partnership firm Keshavji Ravji & Co. paid interest to its partners on their capital credits and also received interest from the same partners on borrowings during the assessment year 1975-76. The Assessing Officer disallowed the interest paid to partners without setting off the interest …

DEVI CINE PROJECTOR MANUFACTURING CO., ETC. ETC.versusCOMMISSIONER OF INCOME TAX

1990 INSC 27Appeal(s) allowed

Devi Cinema and other firms challenged the disallowance of interest paid to their partners under Section 40(b) of the Income Tax Act, 1961. The Income Tax Appellate Tribunal had held that the entire interest paid by the firm to a partner was disallowable, ignoring any interest the partner paid back …

G.J FERNANDEZversusSTATE OF KARNATAKA & ORS.

1990 INSC 25Dismissed

The petitioner challenged the award of a contract by Karnataka Power Corporation (KPC) to Mysore Construction Co. (MCC), alleging that MCC had not satisfied the pre‑qualifying requirements in Paragraphs I and V of the Notice Inviting Tender (NIT) and therefore should not have been issued tender …

COAL MINES PROVIDENT FUND COMMISSIONERversusRAMESH CHANDER JHA

1990 INSC 23Appeal(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 …

SURESH CHANDversusGULAM CHISTI

1990 INSC 21Appeal(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 …

M. AHAMEDKUTTYversusUNION OF INDIA & ANR.

1990 INSC 24Appeal(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 …

HIRA LAL AND ANOTHERversusGAJJAN AND OTHERS

1990 INSC 19Dismissed

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 …

SMT. PATASIBAI & ORS.versusRATANLAL

1990 INSC 20Appeal(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 …

MUNICIPAL CORPORATION, JABALPURversusKRISHI UPAJ MANDI SAMITI AND ANR.

1990 INSC 17Appeal(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 …

DUTTA CYCLE STORES & ORS.versusSMT. GITA DEVI SULTANIA & ORS.

1990 INSC 18Appeal(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 …

P.V.G. RAJU GARUversusSTATE OF ANDHRA PRADESH

1990 INSC 16Dismissed

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 …

STATE OF MAHARASHTRAversusCHANDRAPRAKASH KEWAL CHAND JAIN

1990 INSC 14Appeal(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 …

KUBIC DARIUSZversusUNION OF INDIA & ORS.

1990 INSC 15Case 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 …

CHINNAMMAL & 4 ORS.versusP. ARUMUGHAM & ANR.

1990 INSC 12Appeal(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 …

REVENUE OFFICER & ORS.versusPRAFULLA KUMAR PATI & ORS.

1990 INSC 13Appeal(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 …

HIRAJI TOLAJI BAGWANversusSHAKUNTALA

1990 INSC 10Appeal(s) allowed

Hiraji Tolaji Bagwan, a protected lessee of agricultural land, challenged the eviction proceedings initiated by Shakuntala, who claimed to be landlady after a partition of the ancestral property on 29 June 1959. The Supreme Court examined whether a partition of joint family (ancestral) land could …

STATE OF MAHARASHTRAversusANAND CHINTAMAN DIGHE

1990 INSC 11Appeal(s) allowed

The respondent, A.C. Dighe, a district chief of the Shiv Sena party, was arrested for the murder of a corporator and charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code. The designated court in Pune granted him bail while …

STATE OF ANDHRA PRADESH & ANR. ETC.versusR.V. RAYANIM ETC. ETC.

1990 INSC 8Dismissed

The State of Andhra Pradesh entered into a contract with contractor R.V. Rayanim for constructing an earth dam. A dispute led to arbitration, where the arbitrator issued a non‑speaking award of Rs.19.39 lakhs in favour of the contractor, mentioning consideration of escalation damages but not …

UNION OF INDIA & ORS.versusK.T. SHASTRI

1990 INSC 4Dismissed

K.T. Shastri, recruited in 1966 as a Senior Scientific Officer in the Defence Science Service, was later placed in the Defence Aeronautical Quality Assurance Service (DAQAS) after the service was trifurcated. In 1985 the Government issued an order raising the superannuation age to 60 years for …

BHANWAR LALversusSMT. PREM LATA & ORS.

1990 INSC 5Appeal(s) allowed

A joint family house was auctioned to satisfy an ex‑parte money decree of Rs 5,557.10. The coparceners objected, the sale was confirmed, and they filed a suit under Order 21 Rule 63 CPC to set aside the sale, valuing the property at Rs 15,000. The trial court dismissed the suit, but the District …

GAURI SHANKER SHARMA ETC.versusSTATE OF U.P. ETC.

1990 INSC 7Dismissed

The case concerned the death of Ram Dhiraj Tiwari while in police custody. The prosecution alleged that Sub‑Inspector Rafiuddin Khan (Accused No.1) beat the deceased with lathis and dandas after his arrest on 19 Oct 1971, causing 28 injuries that led to death, and also demanded a bribe. The defence …

VISHNU PARTAP SINGHversusSTATE OF MADHYA PRADESH & ORS.

1990 INSC 6Appeal(s) allowed

The case concerned a house in Chhatarpur that the Maharaja had listed as his private property in July 1948 and subsequently gifted to his father‑in‑law on 25 August 1948. The State of Madhya Pradesh claimed that, because the Maharaja’s sovereign powers ceased on 1 May 1948 when his state merged into …

SPECIAL MILITARY ESTATES OFFICERversusMUNIVENKATARAMIAH & ANOTHER

1990 INSC 2Appeal(s) allowed

The Special Military Estates Officer appealed two arbitrator awards concerning compensation for land requisitioned by the Union under the Defence of India Act, 1962. The land remained requisitioned beyond 10 January 1968, when the Defence Act ceased to operate and Section 25 of the Requisitioning …