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Judgments of 1991

350 judgments · newest first · showing 201–350

SAGAR MAHAVIDYALAYA, SAGARversusPANDIT SADASHIV RAO HARSHE AND ORS.

1991 INSC 149Appeal(s) allowed

Govind Rao Harshe mortgaged his house and land, and a decree for sale was obtained by the mortgagees. The property was auctioned on 20 August 1942 and the bid was knocked down in favour of Gopal Rao Mutatkar, who was a member of Sagar Mahila Vidyalaya. The auction sale was confirmed on 10 April 1943 …

BADAL RAM LAXMI NARAINversusC.I.T. LUCKNOW

1991 INSC 150Appeal(s) allowed

The partners of a Hindu Undivided Family (HUF) formed a partnership firm after a partial partition of the family business, which was run on borrowed capital. The firm took over the HUF's assets and a debit balance of Rs.1,75,310, which was transferred to the partners' personal accounts. The firm …

RAM SEWAK PRASADversusSTATE OF U.P. AND ORS

1991 INSC 147Appeal(s) allowed

Ram Sewak Prasad, appointed Excise Sub‑Inspector in 1964, was promoted on an ad‑hoc basis to Excise Inspector in February 1972 and thereafter performed the duties and received the salary of an Inspector. He was omitted from the seniority list and denied promotion, while direct recruits to the …

COMMISSIONER OF GIFT TAX, ERNAKULAMversusABDUL KARIM MOHD. (DEAD) BY LRS.

1991 INSC 146Dismissed

The Commissioner of Gift Tax appealed against a Kerala High Court order that allowed an exemption from gift tax on a transfer of movable assets made by a Muslim businessman who was seriously ill and died six weeks after executing a settlement deed. The issue was whether the transfer qualified as a …

ASHOK KUMAR ALIAS GOLUversusUNION OF INDIA AND ORS.

1991 INSC 145Dismissed

Ashok Kumar was convicted of murder and sentenced to life imprisonment. He sought premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, arguing that Section 433A of the Code of Criminal Procedure, 1973 – which imposes a 14‑year minimum before any release for life …

Y. NARASIMHA RAO AND ORS.versusY. VENKATA LAKSHMI AND ANR.

1991 INSC 142Dismissed

The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack …

B.P. SINGH AND ORSversusDIRECTOR GENERAL, ORDNANCE FACTORY AND ORS

1991 INSC 143Dismissed

The petitioners, teachers employed in schools run by the Ordnance Factories under the Defence Department, challenged their compulsory retirement at age 58, alleging discrimination because teachers in other central government departments were allowed to retire at 60. They invoked Articles 14 and 16 …

GAGAN BIHARI SAMAL AND ANRversusSTATE OF ORISSA

1991 INSC 144Dismissed

The appellants forcibly took a teenage girl to a remote house, intoxicated her, undressed her and sexually assaulted her, after which she escaped from a truck and sought help. The trial court convicted them of rape under IPC s.376(2)(g) relying on the victim's uncontroverted testimony and the …

F.A. SAPA ETC. ETC.versusSINGORA AND ORS. ETC.

1991 INSC 138Case Partly allowed

In the 1989 Mizoram Assembly elections, fifteen unsuccessful MNF candidates filed election petitions alleging corrupt practices by the elected Congress(I) candidates. The High Court rejected preliminary objections, allowed certain amendments, and struck out vague paragraphs, prompting the returned …

STATE OF PUNJABversusIQBAL SINGH AND ORS.

1991 INSC 139Appeal(s) allowed

The wife of Iqbal Singh set herself and her three children on fire on 7 June 1983 after prolonged dowry harassment by her husband, his mother and sister. She had previously complained to police and written letters detailing the abuse and her fear for her life. The husband, his mother and sister were …

TRIBHOV AND AS HARIBHAI TAMBOLIversusGUJARAT REVENUE TRIBUNAL AND ORS.

1991 INSC 140Appeal(s) allowed

The appellant, Tribhovandas Haribhai Tamboli, leased agricultural land and, under Section 32(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, became a deemed purchaser from tillers' day (1 April 1957). Because the landlord was a lunatic, his purchase right was deferred under Section 32‑F …

MUNINDRA KUMAR AND ORS. ETC.versusRAJIV GOVIL AND ORS. ETC.

1991 INSC 141Appeal(s) allowed

The Uttar Pradesh State Electricity Board (UPSEB) conducted a recruitment for Assistant Engineer (Civil) allocating 120 marks to the written test and 40 marks each to interview and group discussion. Three unsuccessful candidates filed writ petitions alleging that the 40‑mark allocation for interview …

PRATIBHA CO-OPERATIVE HOUSING SOCIETY LTD.versusSTATE OF MAHARASHTRA AND ORS.

1991 INSC 137Dismissed

Pratibha Co‑operative Housing Society Ltd. constructed eight unauthorized floors in a 36‑storey building, exceeding the permissible Floor Space Index (FSI) by about 24,000 sq ft. The Bombay Municipal Corporation issued a show‑cause notice and ordered demolition of the upper eight floors, which the …

SUB-COMMITTEE ON JUDICIAL ACCOUNTABILITYversusUNION OF INDIA AND ORS.

1991 INSC 136Disposed off

The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok …

SEYAKA PERUMAL, ETCversusSTATE OF TAMIL NADU

1991 INSC 133Dismissed

The Supreme Court upheld the convictions and death sentences of Sevaka Perumal and Isakkimuthu for the pre‑meditated murder of four young boys, committed for cash and jewellery. The Court held that the dead bodies were positively identified by the victims' mother and forensic evidence, so corpus …

BOLLAVARAM PEDDA NARSI REDDY AND ORS.versusSTATE OF ANDHRA PRADESH

1991 INSC 134Appeal(s) allowed

The appellants were charged with murder under IPC sections 302 and 149. The trial court acquitted them, rejecting the testimony of five eyewitnesses and finding the identification parades perfunctory. The High Court reversed the acquittal, relying on the two eye‑witnesses and the identification …

CHANDMALversusFIRM RAM CHANDRA AND VISHWANATH

1991 INSC 135Appeal(s) allowed

The landlord Chandmal filed an eviction suit under section 15(3)(a)(iii) of the Hyderabad House (Rent, Eviction and Lease) Control Act, 1954, claiming the premises for his personal use. The tenant firm denied the claim of permanent tenancy and argued the landlord was not bona fide. The trial court …

PODDAR STEEL CORPORATIONversusGANESH ENGINEERING WORKS AND OTHERS

1991 INSC 131Appeal(s) allowed

The Diesel Locomotive Works invited tenders for ferrous scrap, stipulating that earnest money be paid by cash or a demand draft drawn on the State Bank of India. Poddar Steel submitted the highest bid accompanied by a certified banker's cheque from Union Bank of India, which the Tender Committee …

EX. NAIK SARDAR SINGHversusUNION OF INDIA AND OTHERS

1991 INSC 128Disposed off

Sardar Singh, a Jawan with ten years of service, was convicted by a summary court‑martial for carrying twelve bottles of liquor, seven of which exceeded his permitted allowance, while on leave. The court‑martial sentenced him to three months' rigorous imprisonment and dismissal from service. Singh …

UNION OF INDIA AND ORS. ETCversusTEJRAM PARASHRAMJJ BOMBHATE AND ORS. ETC

1991 INSC 129Appeal(s) allowed

The Central Government sanctioned a primary school for children of ordnance factory employees, while the employees themselves established a secondary school staffed by teachers paid honorarium from fees. The teachers sought regularisation and equal pay before the Central Administrative Tribunal, …

AJUDH RAJ AND ORS.versusMOTI, S/0 MUSSADI

1991 INSC 130Appeal(s) allowed

Ajudh Raj and others (plaintiffs) challenged an order passed by the Compensation Officer under Section 27(4) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, which granted Moti, the respondent, rights as a sub‑tenant. The plaintiffs claimed Moti was merely a …

STATE OF MAHARASHTRAversusANAND CHINTAMAN DIGHE

1991 INSC 124Appeal(s) allowed

The State of Maharashtra charged Anand Chintaman Dighe under the Indian Penal Code and the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of a municipal corporator, alleging that Dighe had incited violence against political opponents through statements to the press. The …

HINDUSTAN ZINC LTD. ETC. ETCversusANDHRA PRADESH STATE ELECTRICITY BOARD & ORS

1991 INSC 127Dismissed

The appellants, industrial electricity consumers, challenged the Andhra Pradesh State Electricity Board’s upward revision of high‑tension tariffs and the imposition of a fuel‑cost adjustment charge. The Supreme Court held that the Board’s power to fix tariffs under s.49 of the Electricity (Supply) …

DELHI DEVELOPMENT AUTHORITYversusDELHI CLOTH MILLS LTD. AND ORS.

1991 INSC 122Disposed off

The Supreme Court had directed the Delhi Development Authority (DDA) to grant conditional approval to Delhi Cloth Mills Ltd.'s (DCM) redevelopment scheme for 63 acres, subject to removal of objections. DDA raised three objections: conformity with the 2001 Master Plan, the incorrect assumption that …

KALAWATIBAIversusSOIRYABAI AND OTHERS

1991 INSC 123Dismissed

Kalawati, a daughter of a Hindu widow, claimed ownership of the entire estate inherited by her mother from her husband, asserting that a 1954 gift deed transferring the property to her was valid and that she had become an absolute owner under section 14 of the Hindu Succession Act, 1956. Soiryabai, …

SHANKARSAN DASHversusUNION OF INDIA

1991 INSC 120Dismissed

The appellant, selected in the combined Civil Services Examination, was initially appointed to the Delhi Andaman and Nicobar Police Service (DANIP). When vacancies later arose in the Indian Police Service (IPS), the three reserved‑category vacancies were filled from DANIP candidates, but the …

NAGARAJ SHIV ARAO KARJAGIversusSYNDICATE BANK HEAD OFFICE MANIPAL AND ANR.

1991 INSC 121Appeal(s) allowed

The petitioner, a manager of Syndicate Bank, was found to have discounted a Rs 50,000 cheque for a colleague and retained the instrument for two months before the amount was recovered with interest. A departmental inquiry under the Syndicate Bank Officer Employees (Discipline & Appeal) Regulations, …

G. NARAYANASWAMYREDDY (DEAD)BYL.RS. ANDANR.versusGOVT. OF KARNATAKA AND ANR.

1991 INSC 119Dismissed

The petitioners owned lands acquired by the Karnataka government under the Bangalore Development Act, 1976, which invoked the Land Acquisition Act, 1894. A declaration under Section 4 of the Land Acquisition Act was made on 20 September 1977, and Section 11-A, introduced by the Land Acquisition …

DR. ARUN KUMAR AGRAWAL AND ORS. ETC.versusSTATE OF BIHAR AND ORS.

1991 INSC 115Appeal(s) allowed

The case concerned the appointment of an Assistant Professor of Neurosurgery at Patna Medical College. Dr. Arun Kumar Agrawal, holding an M.Ch. in Neurosurgery, was placed first in the selection panel prepared by a specialist committee and approved by the State Government, while Dr. Chandra Mohan …

STATE OF TAMILNADU ETC.versusSTATE OF KARNATAKA AND ORS.

1991 INSC 114Appeal(s) allowed

The Government of Tamil Nadu complained to the Centre that Karnataka was impounding Cauvery waters in violation of inter‑State agreements, prompting the Central Government to constitute the Cauvery Water Disputes Tribunal under the Inter‑State Water Disputes Act, 1956. While the Tribunal was hearing …

MST. SURAYYA BEGUM, ETCversusMOHD. USMAN AND ORS., ETC.

1991 INSC 116Dismissed

The landlords obtained eviction decrees against the legal representatives of original tenants under the Delhi Rent Control Act. Two heirs, who were not joined as parties, challenged the execution of those decrees, asserting independent tenancy rights. The Supreme Court examined whether unjoined …

MAHARAJA TOURIST SERVICE ETC. ETC.versusSTATE OF GUJARAT

1991 INSC 117Disposed off

The petitioners, holders of All India Tourist Permits under the Motor Vehicles Acts, challenged the constitutional validity of additional taxes levied by several states on tourist vehicles, arguing that the taxes were neither compensatory nor regulatory and thus violated Articles 19(1)(g) and 301 of …

DISTRICT EXHIBITORS ASSOCIATION MUZAFFARNAGAR AND ORS.versusUNION OF INDIA AND ORS.

1991 INSC 113Case Partly allowed

The District Exhibitors Association and other cinema theatre owners challenged a 30 April 1986 Government Notification that retrospectively extended the Employees' Provident Funds Scheme to cinema theatres employing five or more workers from 1 October 1984. They argued that the Notification was …

DAYA SINGHversusUNION OF INDIA AND ORS

1991 INSC 112Appeal(s) allowed

Daya Singh was convicted of murder and sentenced to death in 1978. After his appeals and mercy petitions were rejected, a writ petition under Article 32 filed by his brother in 1986 was dismissed in October 1988. A fresh mercy petition filed in November 1988 led to a stay of execution, but the …

NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELIversusBADRI NATH DIXIT AND ORS.

1991 INSC 111Appeal(s) allowed

Badri Nath Dixit sued Nandganj Sihori Sugar Co. Ltd. and its officers for a mandatory injunction to enforce an alleged contract appointing him as Instrumentation Foreman, relying on letters from the holding company's chairman that purportedly promised his appointment under a Government scheme. The …

O.P. GARG AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1991 INSC 109Appeal(s) allowed

The Supreme Court examined the Uttar Pradesh Higher Judicial Service Rules, 1975 to resolve a dispute between promotee judges and directly recruited judges over seniority and the validity of certain rule provisions. It held that the 236 officers who were serving as Additional District and Sessions …

UNION OF INDIA & ORS.versusE.G. NAMBUDIRI

1991 INSC 110Appeal(s) allowed

The respondent, a Section Officer, challenged adverse remarks recorded in his confidential report. After making a representation against those remarks, the Ministry of Commerce rejected it without giving reasons, and the President partially expunged some remarks. The Central Administrative Tribunal …

STATE OF BIHAR AND OTHERS ETC.versusAKHOURI SACHINDRA NATH AND OTHERS ETC.

1991 INSC 108Dismissed

The case concerned the inter‑se seniority of Assistant Engineers in the Bihar Engineering Service, Class II. Directly recruited engineers (respondents 1‑5) were appointed in 1961, while overseers promoted to the same post (appellants 6‑23) were later given retrospective promotion dates of 1958, 1961 …

EAST INDIA CORPORATION LTDversusSHREE MEENAKSHI MILLS LTD.

1991 INSC 102Appeal(s) allowed

The respondent sued the appellant for possession of a building on the ground of wilful default in paying rent of Rs.900 per month. The appellant denied being a tenant, claiming to be a co‑sharer, but the lower courts held it was a tenant and decreed eviction. While the suit was pending, clause (ii) …

MUNICIPAL CORPORATION, RAIPURversusASHOK KUMAR MISRA

1991 INSC 103Appeal(s) allowed

The respondent was appointed as a Lower Division Clerk of the Raipur Municipal Corporation on 22 September 1966 and placed on a two‑year probation. After the probation period expired on 21 September 1968, the corporation served him a one‑month notice of termination on 9 December 1968, effective 9 …

N. PARTHASARATHY ETC.versusCONTROLLER OF CAPITAL ISSUES AND ANOTHER ETC.

1991 INSC 104Dismissed

The Supreme Court examined whether the sale of 39 lakh shares of Larsen & Toubro Ltd. by public financial institutions to Trishna Investments through BOB Fiscal Services, and the Controller of Capital Issues' consent to a mega issue of convertible debentures (including a Rs.310 crore preferential …

AMIRTIIAM KUDUMBAHversusSARNAM KUDUMBAN

1991 INSC 105Dismissed

The father, as natural guardian, sold immovable property belonging to his minor daughter without court permission and not for legal necessity, violating the Hindu Minority and Guardianship Act, 1956. The sale was voidable, and after attaining majority the daughter sold the property to the respondent …

GENERAL SECRETARY ROURKELA SRAMIK SANGHversusROURKELA MAZDOOR SABHA AND ORS.

1991 INSC 106Appeal(s) allowed

The Rourkela Sramik Sangh applied to the State Labour Commissioner, who also acted as the Implementation and Evaluation Officer, seeking recognition as the sole bargaining agent in the Rourkela Steel Plant and requesting verification of union memberships. The Labour Commissioner authorized the …

STATE OF PUNJABversusBABU SINGH

1991 INSC 107Appeal(s) allowed

Babu Singh, a life‑convicted prisoner who had served eleven and a half years, applied to the Punjab & Haryana High Court for premature release. The High Court, after noting that his mercy petition to the Governor had not been decided within the three‑month period it had ordered, directed his release …

AYURVIDYA PRASARAK MANDAL AND ANRversusMRS. GEETA BHASKAR PENDSE AND ORS.

1991 INSC 100Appeal(s) allowed

The case concerned the appointment of a Sanskrit lecturer in a college run by a trust, where the post was reserved for candidates from backward classes under Government resolutions and Bombay University directions. The trust appointed a non‑backward class candidate (the first respondent) repeatedly …

JAHARLAL DASversusSTATE OF ORISSA

1991 INSC 101Appeal(s) allowed

The appellant was convicted of raping and murdering a five‑year‑old girl based solely on circumstantial evidence, including the alleged last sighting of the girl with the accused, his purported false explanation, the claim that he pointed out the body’s location, and alleged blood‑stains and genital …

U.P. STATE ROAD TRANSPORT CORPORATION AND ANRversusMOHD. ISMAIL AND ORS.

1991 INSC 99Appeal(s) allowed

The Uttar Pradesh State Road Transport Corporation (SRTC) required its drivers to undergo annual medical examinations under Regulation 17(2). Regulation 17(3) allowed the corporation to dispense with the service of drivers who failed the fitness test, with a discretionary power to offer them …

MALKIAT SINGH AND ORSversusSTATE OF PUNJAB

1991 INSC 98Case Partly allowed

The case concerned the murder of four liquor‑shop workers and the attempted murder of a fifth person. The prosecution relied mainly on the ocular testimony of two injured witnesses (PW‑3 and PW‑4), ballistic evidence linking a rifle owned by the accused A‑1, and circumstantial evidence. The …

MOTILAL CHHADAMI LAL JAINversusCOMMISSIONER OF INCOME TAX, DELHI ETC.

1991 INSC 95Appeal(s) allowed

The Hindu Undivided Family (M.C. Jain) leased its premises to Jain Glass Works Ltd for an annual rent of Rs 21,000, of which Rs 10,000 was contractually payable directly to a college run by a charitable trust. The Court held that this arrangement is merely a self‑imposed application of income and …

A.N. SEHGAL AND ORS.versusRAJE RAM SHEORAN AND OR.S

1991 INSC 93Disposed off

The case concerned the inter‑se seniority of officers promoted from the Class II Engineers Service (the promotees) and a directly recruited Assistant Executive Engineer, R.R. Sheoran, under the Haryana Service of Engineers (Class I) Rules, 1966. The promotees were elevated to Executive Engineer on …

S.L. CHOPRA AND ORS. ETC. ETCversusSTATE OF HARYANA AND ORS. ETC. ETC.

1991 INSC 94Disposed off

The appellants, Class II engineers promoted on an officiating basis, challenged the promotion, confirmation and subsequent promotion of direct recruits B.D. Sardana and F.L. Kansai in the Haryana Service of Engineers, arguing that they should be deemed members of the service from the date of their …

ORISSA CEMENT LTD AND ORS. ETC. ETCversusSTATE OF ORISSA AND ORS. ETC. ETC.

1991 INSC 90Disposed off

The Supreme Court examined the constitutional validity of cess levied by the States of Orissa, Bihar and Madhya Pradesh on the basis of royalty from mining lands. It held that the cess could not be classified as land revenue, a tax on land, or a tax on mineral rights and therefore fell outside …

MAGUNI CHARAN PRADHANversusSTATE OF ORISSA

1991 INSC 91Dismissed

The appellant, a lawful owner of a field, discovered the deceased Bhikari Pradhan and his companions illegally ploughing the land. He demanded they unyoke their bullocks; when they refused, he struck the unarmed, seated deceased on the head with a stick, causing fatal injuries. The trial court …

MAHESH CHANDER AND ANOTHERversusSTATE OF DELHI

1991 INSC 88Appeal(s) allowed

The case involved the murder of Hanumant Singh, allegedly over a dispute concerning gold ornaments, with Mahesh Chander and Mohinder Singh convicted on the basis of eye‑witness testimony. The appellants challenged the conviction, arguing that the FIR was delayed, the names of the accused were …

BURN STANDARD COMPANY LIMITEDversusMCDERMOTT INTERNATIONAL INC. AND ANOTHER

1991 INSC 87Dismissed

Burn Standard Company Ltd., a Government undertaking, entered into a technical collaboration agreement with McDermott International Inc. to obtain foreign technical know‑how, requiring RBI permission under Section 28(1)(b) of the Foreign Exchange Regulation Act, 1973 (FERA). The agreement received …

NARENDRA PRATAP NARAIN SINGH AND ANR.versusSTATE OF U.P

1991 INSC 89Appeal(s) allowed

The appellants, Narendra Pratap Narain Singh and Puran Singh, were in charge of government agricultural seed stores and were charged under IPC sections 409, 467 and 471 for allegedly preparing forged bills and receiving payments for credit sales to village level workers, contrary to government …

D.T.C. WORKERS' UNION & ORS.versusDELHI TRANSPORT CORPORATION

1991 INSC 86Disposed off

The Delhi Transport Corporation (DTC) Workers' Union filed a writ petition under Article 32 seeking a mandamus directing DTC to implement, from 1 January 1986, the Fourth Pay Commission recommendations for its employees, as per Office Orders dated 15 September 1983 and 7 February 1984. The Union …

SRI RABINARAYAN MOHAPATRAversusSTATE OF ORISSA AND ORS.

1991 INSC 83Appeal(s) allowed

Rabinarayan Mohapatra was appointed as a Hindi teacher in an aided school on an 89‑day contract starting 12 July 1982, with successive short‑term renewals and one‑day breaks, but was not paid salary for summer vacations. After 1986 his appointment was not approved by the education authorities, yet …

STATE OF BIHAR ETC. ETC.versusP.P. SHARMA, IAS AND ANR.

1991 INSC 84Appeal(s) allowed

The Bihar State Co‑operative Marketing Union (BISCOMAUN) was placed under administration by the State Government, after which its administrator, R.K. Singh, reported alleged financial irregularities involving former Managing Director P.P. Sharma, advisor G.D. Mishra and Chairman Tapeshwar Singh in …

N.K. JAIN AND OTHERSversusC.K. SHAH AND OTHERS

1991 INSC 82Disposed off

The appellants, managers of an establishment exempted from the Employees' Provident Funds Scheme 1952 under Section 17, failed to make provident‑fund contributions to their own trust in 1974. The Provident Fund Inspector filed criminal complaints under Sections 14(1A), 14(2) and 14(2A) of the …

GARDEN SILK WEAVING FACTORY, SURATversusCOMMISSIONER OF INCOME TAX, GUJARAT, AHMEDABAD

1991 INSC 81Appeal(s) allowed

Garden Silk Weaving Factory, a registered partnership firm, challenged the Income‑Tax Officer’s addition of Rs 5,08,423 (unabsorbed depreciation and unabsorbed business loss) to its total income for AY 1968‑69. The firm argued that unabsorbed depreciation should be carried forward by the firm, while …

K. VIMALAversusK. VEERASWAMY

1991 INSC 80Appeal(s) allowed

K. Vimala filed a petition for maintenance under Section 125 of the Code of Criminal Procedure against her husband, K. Veeraswamy. The husband contended that the marriage was void because he was already married to Veeramma, and therefore he was not liable to maintain Vimala. The trial magistrate …

LAXMI SHANKAR PANDEYversusUNION OF INDIA AND ORS.

1991 INSC 79Dismissed

L.S. Pandey, a Head Constable of the Central Reserve Police Force, was charged with negligence after two under‑trial Burmese prisoners escaped from his custody. A departmental enquiry was held, cancelled, and a fresh enquiry was conducted, resulting in a finding of neglect of duty under Section …

GURMUKH SINGHversusAMAR SINGH

1991 INSC 78Dismissed

Gurmkh Singh (appellant) appealed against a decree ordering specific performance of an agreement with Amar Singh (respondent) to jointly bid at a public auction of evacuee property and to split the purchased land. The appellant argued that the agreement was void under Section 23 of the Indian …

EX. CAPT. K. BALASUBRAMANIAN ETC.versusST ATE OF TAMIL NADU AND ANR. ETC.

1991 INSC 77Dismissed

The petitioners, former Emergency Commissioned Officers, were appointed to the Tamil Nadu Commercial Tax Service after discharge from the Army. Rule 35 of the Tamil Nadu State and Subordinate Service Rules required seniority to be fixed by date of appointment, but the State Government issued orders …

BHUPENDRA SINGH AND ORS.versusSTATE OF UTTAR PRADESH

1991 INSC 74Appeal(s) allowed

On 25 April 1972, a political dispute in Padaria Tula, Uttar Pradesh, led Bhupendra Singh (appellant No.1) and his supporters to fire at Gajendra Singh, who later died. The trial court acquitted all accused, but the Allahabad High Court convicted Bhupendra Singh under section 302 IPC for murder and …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1991 INSC 75Directions issued

M.C. Mehta, an advocate and chairman of the Environmental Protection Cell, filed a writ petition under Article 32 seeking the closure of hazardous industries and regulation of vehicular and thermal power pollution in Delhi. The Supreme Court examined the constitutional mandate under Articles 48A and …

K. NAGAMALLESWARA RAO AND ORS.versusSTATE OF ANDHRA PRADESH

1991 INSC 76Appeal(s) allowed

The case concerned fifteen accused persons charged with the murder of Appikatla Tataiah. Four of them (A‑1, A‑2, A‑5 and A‑11) were convicted under section 302 read with section 149 of the IPC, while the remaining eleven were acquitted. The central issue was whether section 149 IPC could be invoked …

R. MCDILL AND COMPANY PVT. LTD.versusGOURI SANKAR SARDA AND OTHERS

1991 INSC 71Appeal(s) allowed

A suit was filed by Gouri Sankar Sarda against R. McDill Co. and Misrilal Bharamchand. The defendants applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit, but the application was withdrawn for a formal defect and the court ordered them to make a fresh application. Instead of …

TOOLSIDASS JEWRAJversusADDITIONAL COLLECTOR OF CUSTOMS AND OTHERS

1991 INSC 72Dismissed

Toolsidass Jewraj, a jute exporter, entered into contracts for shipment in early 1962 but delayed the shipment to June after prices rose. Before the goods were shipped, it filed shipping bills and G.R. forms that undervalued the FOB price, intending to discount the buyers' profit and remit it …

PRAKASH WAREHOUSING CO.versusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ANR.

1991 INSC 73Appeal(s) allowed

The appellant, Prakash Warehousing Co., obtained a licence and later an assignment of rights over two corporation godowns and, with the corporation’s knowledge, allowed a second respondent to store goods under an agreement. The corporation later formalised the appellant’s status as principal …

MANOHAR JOSHI ETC.versusDAMODAR TATYABA @ DADASAHEB RUPWATE AND ORS.

1991 INSC 69Appeal(s) allowed

In the 1989 Lok Sabha election, a defeated candidate challenged the election of the winner on grounds of corrupt practices under sections 123(2), (3) and (3A) of the Representation of the People Act, 1951. The Bombay High Court, after finding the charges proved, issued notices under section 99 to …

K. MURUGAN ETC. ETC.versusFENCING ASSN. OF INDIA, JABALPUR & ORS. ETC. ETC

1991 INSC 61Disposed off

The Indian Olympic Association (IOA), a society registered under the Societies Registration Act, 1860, was embroiled in a leadership dispute when a faction of members requisitioned a special general meeting to move a no‑confidence motion against President B.S. Adityan and the Executive Council. The …

BIHAR STATE ROAD TRANSPORT CORPORATIONversusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

1991 INSC 63Appeal(s) allowed

The Bihar State Road Transport Corporation (the appellant) objected to the grant of stage‑carriage permits to private operators for a route that overlapped the Ranchi‑Chaibasa segment, which was a nationalised route under a notified scheme dated 1‑April‑1960. The State Transport Authority rejected …

PUNDALIKversusDISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, CHANDRAPUR AND ORS.

1991 INSC 64Dismissed

Pundalik was elected Director of the District Central Co‑operative Bank, Chandrapur on 18 August 1986 while he was in arrears on a loan from the bank. The Maharashtra Co‑operative Societies Act, 1960 (section 73FF) disqualifies a defaulter from being elected or continuing as a committee member, and …

NAIN SINGH AND ANR.versusSTATE OF UTTAR PRADESH

1991 INSC 65Appeal(s) allowed

The appellants were convicted for the murder of Bali and for causing injuries to his wife, based on the testimony of several eye‑witnesses and medical reports. The trial court sentenced them to life imprisonment under IPC s.302 read with s.34 and six months under s.323/34; the High Court reduced the …

MITHLESH KUMARI AND ANR.versusFATEH BAHADUR SINGH AND ANR.

1991 INSC 66Disposed off

The plaintiff, Fateh Bahadur Singh, sued Jang Bahadur (the second respondent) and two non‑tenure‑holders, Kalawati and Mithlesh Kumari, for specific performance of a sale agreement for a plot of land. The lower courts held that the plaintiff was entitled to specific performance, treating the sales …

MOHAN LAL SHAMLAL SONIversusUNION OF INDIA AND ANOTHER

1991 INSC 67Dismissed

The appellant's premises were raided by Customs officials, leading to the seizure of gold, silver, and cash and the filing of two criminal complaints under the Customs Act, 1962 and the Gold Control Act, 1968. After the trial magistrate closed evidence, the prosecution sought, under Section 540 of …

RAM SARAN AND ANR. ETC.versusSTATE OF PUNJAB AND ORS. ETC.

1991 INSC 62Appeal(s) allowed

The Punjab Excise & Taxation Department had two cadres, Assistant Excise & Taxation Officers (Class III‑A) and Excise & Taxation Officers (Class II), each with promotion quotas. After reorganisation the Class III‑A cadre was abolished and a draft amendment to Rule 5 of the Class II Rules was …

CAPTAIN SUBASH KUMARversusPRINCIPAL OFFICER, MERCANTILE MARINE DEPARTMENT, MADRAS

1991 INSC 68Appeal(s) allowed

Captain Subash Kumar, master of the Panamanian‑flagged MV Eamaco, was charged under section 363 of the Merchant Shipping Act, 1958 for alleged negligence in failing to launch lifeboats when the ship sank 232 nautical miles from India. The appellant contended that the Act did not apply because the …

A.L.A. FIRMversusCOMMISSIONER OF INCOME TAX, MADRAS

1991 INSC 59Dismissed

The appellant, A.L.A. Firm, a partnership engaged in money‑lending and property transactions, was dissolved on 13 March 1961 and reported a revaluation surplus of $1,01,248 (Rs.1,58,057) in its 1961‑62 return, treating it as neither revenue nor capital. The Income‑Tax Officer initially accepted this …

RAM KUMAR AND ORS.versusUNION OF INDIA AND ORS.

1991 INSC 60Appeal(s) allowed

The appellants' agricultural land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation they considered inadequate. They filed an application under Section 18 seeking a reference to the Court for enhanced compensation, attaching a schedule of some Khasra numbers but …

LAKHAN SAO (DECEASED) NOW THROUGH HIS LEGAL HEIRSversusDHARAMU CHAUDHARY

1991 INSC 54Dismissed

The plaintiff, heirs of the deceased Lakhan Sao, sued Dharamu Chaudhary for declaration of title and possession of land, relying on a 1964 sale deed and challenging an earlier 1959 deed as a sham transaction without consideration. The trial court and its first appeal upheld the plaintiff's title, …

BHAVANI TEA AND PRODUCE CO. LTD.versusSTATE OF KERALA AND ORS. AND VICE VERSA

1991 INSC 55Appeal(s) allowed

Bhavani Tea and Produce Co. Ltd., a plantation company, owned 3,151.20 acres in the Western Ghats and sought a declaration that none of its land should vest in the State under the Kerala Private Forests (Vesting & Assignment) Act, 1971. The Tribunal and the Kerala High Court identified certain plots …

AJEET SINGH SINGHVI ETC.versusSTATE OF RAJASTHAN AND OTHERS ETC.

1991 INSC 56Dismissed

The appellants, senior officers of the Rajasthan Administrative Service, challenged the 1987 amendment to the Rajasthan Administrative Service Rules that created a Super Time Scale, contending that these posts were merely “higher posts” and should be filled on a 50:50 merit‑seniority basis. The High …

PURAN SINGH SAHNIversusSMT. SUNDARI BHAGWANDAS KRIPALANI AND OTHERS

1991 INSC 57Dismissed

P.S. Sahni occupied a flat in Shyam Cooperative Housing Society under a written agreement dated 11 June 1969 that was labeled a "leave and licence" and expressly stated that the licensee would not claim tenancy. The Society and the licensor terminated the licence on 10 March 1972, after which Sahni …

HARBANS SINGH ETC.versusGURAN DITTA SINGH ETC

1991 INSC 58Dismissed

The mortgagor, Kala Singh, executed three mortgages on agricultural land in favour of the appellants and later applied to the Collector under Section 4 of the Redemption of Mortgages (Punjab) Act, 1913 for redemption. After a compromise, the Collector ordered redemption under Section 11, but the …

STATE OF WEST BENGAL AND ORS. ETC .versusDEBDAS KUMAR AND ORS. ETC.

1991 INSC 51Dismissed

The petitioners were diploma‑holder engineers employed as Operator‑cum‑Mechanics/Electricians in the West Bengal Government on a Rs.230‑425 pay scale. They claimed that sub‑para (ii) of Para IV of Notification No. 10303.F dated 19 Nov 1974, which renamed "other diploma holder engineers" as …

RAJRATHA NARANBHAI MILLS. CO. LTD.versusSALES TAX OFFICER, PETLAD

1991 INSC 52Appeal(s) allowed

The company Rajratha Naranbhai Mills Ltd. was ordered to be wound up on 26 June 1967 and the liquidator invited creditors to prove claims for priority under s.530(1)(a) of the Companies Act, 1956. The Sales Tax Officer claimed priority for sales tax and penalties, arguing that the assessment orders …

K. VENKATA SESHIAHversusKANDURU RAMASUBBAMMA (DEAD) BY LRS.

1991 INSC 53Disposed off

The petition involved a dispute over the property of a deceased adoptive mother between the adoptive son K.V. Seshiah and his two sons, each claiming rights under different wills. The parties executed a compromise on 21 August 1987, whereby Seshiah agreed to pay each son Rs.1 lakh in exchange for …

OM PRAKASH PURI AND ANR.versusSTATE OF WEST BENGAL AND ORS.

1991 INSC 49Dismissed

Om Prakash Puri and partners, who operated the Trinca's restaurant in Calcutta, were assessed an ad‑hoc luxury tax of Rs.2,40,000 under Sections 3 and 4 of the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972 (as amended 1974). They challenged the tax on the grounds …

SMT. GRACYversusSTATE OF KERALA AND ANR.

1991 INSC 43Appeal(s) allowed

The mother of Noor alias Babu filed a writ petition under Article 32 seeking to quash his preventive detention order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detenu had made a representation against his detention, but it was …

SPENCES HOTEL PVT. LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.

1991 INSC 46Dismissed

Spences Hotel Pvt. Ltd. and others, owners of an air‑conditioned hotel and restaurant, challenged the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972 which levied a flat luxury tax of Rs 100 per 10 sq m of air‑conditioned floor space. They argued that the tax violated …

SMT. P. LEELAVATHAMMAversusCONTROLLER OF ESTATE DUTY, ANDHRA PRADESH, HYDERABAD

1991 INSC 44Dismissed

The appellant, SMT. P. Leelavathamma, appealed against the Controller of Estate Duty challenging the computation of the net principal value of the deceased’s estate. She argued that the estate duty payable on the property passing on death constituted a first‑charge encumbrance and therefore should …

DARYAO SINGHversusSTATE OF MADHYA PRADESH

1991 INSC 45Dismissed

Daryao Singh was convicted under Sections 302 and 34 of the IPC for the murder of Nagji, stemming from a long‑standing family feud. The trial court acquitted him, deeming the testimony of the deceased’s relatives uncorroborated, but the Madhya Pradesh High Court reversed that decision, finding the …

NEW BANK OF INDIAversusN.P. SEHGAL AND ANR.

1991 INSC 48Appeal(s) allowed

The respondent, a bank manager, was promoted from Scale II to Scale III under Clause 9 of the bank's Promotion Policy while disciplinary action was merely contemplated. Later, a charge‑sheet was served and a departmental inquiry was ordered. The respondent filed a suit claiming that the promotion …

GURDIP SINGH AND ANR.versusAMAR SINGH AND ANR.

1991 INSC 39Appeal(s) allowed

The case concerned a gift of land made by Kehar Singh in 1947 to his second wife, Basant Kaur, as maintenance. After the Hindu Succession Act, 1956, the widow’s step‑grandsons claimed the gift gave her only a limited estate under Section 14(2) and that the estate could not be enlarged. The High …

NARAIN DAS JAIN (SINCE DECEASED) BY L.RSversusAGRA NAGAR MAHAPALIKA, AGRA

1991 INSC 40Appeal(s) allowed

The appellant, N.D. Jain, owned land that was acquired by the Agra Town Improvement Trust under the U.P. Town Improvement Act, 1919. He received only a nominal compensation and no solatium, prompting him to seek a reference before the Nagar Mahapalika Tribunal, which increased the compensation but …

GOKAK PATEL VOLKART LTD.versusDUNDAYYA GURUSHIDDAIAH HIREMATH AND ORS.

1991 INSC 41Appeal(s) allowed

The appellant, Gokak Patel Volkart Ltd., filed criminal complaints under Section 630(1)(b) of the Companies Act, 1956 and Section 406 IPC against former employees who, after retirement, failed to vacate company quarters. The trial magistrate dismissed the complaints as time‑barred under the …

JASWANT SINGH NERWAL ETC.versusSTATE OF PUNJAB AND ORS. ETC.

1991 INSC 42Dismissed

The Punjab Public Service Commission conducted a competitive examination for 71 posts in the Punjab Civil Services (Executive Branch) and Allied Services. Candidate V.M. Bansal, whose father was a commission member, changed his preference to the Punjab Civil Service before the result was declared …

DES RAJ BHATNAGAR AND ANR. ETC.versusUNION OF INDIA

1991 INSC 38Dismissed

The petitioners were Central Government officers who, after being permanently absorbed into the Food Corporation of India, retired and fully commuted their pensions for lump‑sum payments. They claimed that Office Memoranda dated 13 February 1976 and 22 October 1983, which denied them relief and …

S. SURJIT SINGH KALRA ETC.versusUNION OF INDIA AND ANR. ETC.

1991 INSC 36Disposed off

The case concerned two tenants occupying premises let out by Army officers who, as classified landlords under Sections 14B‑14D of the Delhi Rent Control Act, 1958, sought immediate possession for their own residence. The Rent Controller denied the tenants leave to contest the eviction applications, …

EMC STEEL LIMITED, CALCUTTAversusUNION OF INDIA AND ANR.

1991 INSC 37Dismissed

The case concerned an appeal by EMC Steel Ltd. against a judgment granting possession of premises to a widow-landlady under Section 14‑D of the Delhi Rent Control Act, 1958. The appellant argued that the provision should apply only when the widow became such after the premises were let out by her or …

G. CLARIDGE AND COMPANY LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, PUNE

1991 INSC 32Dismissed

G. Claridge & Co. Ltd., a manufacturer of molded pulp egg trays, sought exemption from central excise duty by classifying its products as "containers" under Item 17 of the Central Excises and Salt Act, 1944 and Heading 48.18 of the Central Excise Tariff Act, 1985. The tax authorities classified the …

RATTAN CHAND HIRA CHANDversusASKAR NAWAZ JUNG (DEAD) BY L.RS. AND ORS.

1991 INSC 33Dismissed

The Supreme Court examined a contract where the plaintiff advanced Rs 75,000 to a claimant of Nawab Salar Jung’s estate in return for a one‑anna share of the proceeds, with the understanding that the plaintiff would use his influence over government ministers to secure the claimant’s recognition as …

CHEMICALS AND FIBRES OF INDIA LTD. ETC.versusUNION OF INDIA

1991 INSC 30Dismissed

The appellants, manufacturers of polyester fibre yarn, imported di‑methyl‑terephthalate (DMT) and paid customs duty, using it to produce blended yarn that was exported. They sought a full drawback of the customs duty under Section 75 of the Customs Act, 1962 and Section 37 of the Central Excises & …

B. VISWANATHIAH AND COMPANY AND ORS.versusSTATE OF KARNATAKA AND ORS.

1991 INSC 31Dismissed

The Karnataka State Legislature amended the Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959 to include restrictions on silk yarn, prompting petitioners to challenge its validity on the ground that Parliament's Central Silk Boards Act, 1948, under Entry …

SMT. VIOLET ISSAC AND ORS.versusUNION OF INDIA AND ORS.

1991 INSC 29Appeal(s) allowed

The widow of a deceased railway employee and his children claimed family pension, while the employee's brother sought to claim the same on the basis of a will bequeathing the pension to him. The Railway Administration withheld payment following an injunction issued in the brother's favor. The …

ANAYATULLAH AND ORS.versusCOMMISSIONER OF MUSLIM WAKF OF JAMMU

1991 INSC 26Dismissed

The Supreme Court examined whether two State Government orders of 1955 and 1958 granted land to the Ziarat Shareef of Hazrat Baba Ibrahim (a Wakf) or to the father of the defendants in his personal capacity. The Committee of Muslim Wakf sued the managers of the Ziarat, alleging they were treating …

STATE OF KERALA AND ANR.versusKANAN DEVAN HILLS PRODUCE CO. LTD.

1991 INSC 27Appeal(s) allowed

The State of Kerala challenged K.D. Hills Produce Co. Ltd.'s claim of absolute ownership over a 150‑acre concession in the Kanan Devan Hills, originally granted by the Poonjar Raja in 1877 and later transferred to the company. In 1963 the company clear‑felled the area and sought free passes to …

SMT. SURESHTA DEVIversusOM PRAKASH

1991 INSC 28Appeal(s) allowed

Sureshta Devi and Om Prakash filed a joint petition under Section 13‑B of the Hindu Marriage Act for divorce by mutual consent. The wife later applied to withdraw her consent, claiming it was obtained under pressure, and the District Court dismissed the petition. The High Court reversed that order, …

BAYER (INDIA) LTD. AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1991 INSC 25Disposed off

A writ petition before the Bombay High Court challenged a communication of the Municipal Corporation that barred development of a parcel of land near chemical factories. The High Court set aside the communication, thereby affecting the interests of the factory owners who were not parties to the writ …

JAI PRAKASHversusSTATE (DELHI ADMINISTRATION)

1991 INSC 22Dismissed

Jai Prakash was convicted of murder for stabbing Champat Rai with a kirpan after an altercation at the house of Agya Devi, the deceased's wife, with whom the appellant allegedly had an illicit relationship. The sole eyewitness, the deceased's brother, testified that the appellant, after a verbal …

PREM CHAND SOMCHAND SHAH AND ANR. ETC. ETC.versusUNION OF INDIA AND ANR.

1991 INSC 24Dismissed

The petitioners, diamond exporters, were granted Export House Certificates and Additional Import Licences under the 1978‑79 Import‑Export Policy, which were based on FOB export values. After the 1988‑91 Policy came into force, a provision (para 218(10)) excluded licences issued before 1 April 1988 …

MAHARANI KUSUMKUMARI AND ANR.versusSMT. KUSUMKUMARI JADEJA AND ANR.

1991 INSC 21Dismissed

The Maharani, married to a Maharaja in 1960, sought to nullify that marriage after the Maharaja’s death in 1974, when the Maharaja’s mother’s relative (the respondent) claimed to have married the Maharaja believing his first marriage was dissolved. The respondent filed a petition under Section 11 of …

NARCOTICS CONTROL BUREAUversusKISHAN LAL AND OTHERS

1991 INSC 17Disposed off

The respondents were arrested for offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and were denied bail, leading them to file writ and criminal miscellaneous petitions seeking bail under Section 167(2) of the Code of Criminal Procedure (CrPC) on grounds of delayed …

ANIRUDHA RAMAKRISHNA KARLEKARversusSMT. JANKIBAI R. BEDEKAR

1991 INSC 18Dismissed

The landlord sought eviction of a shop tenant under Section 13(1)(c) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had been convicted of using the premises for illegal purposes. The tenant, who ran a sweet‑meats and farsan shop, had three convictions …

INDIAN EX-SERVICES LEAGUE AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC.

1991 INSC 16Dismissed

Ex‑servicemen filed writ petitions under Article 32 seeking a "one rank, one pension" rule, equal death‑cum‑retirement gratuity and backward merger of dearness allowance, claiming that the Supreme Court’s decision in D.S. Nakara required the same pension for all retirees irrespective of retirement …

STATE OF MADHYA PRADESH AND ORS.versusKRISHNARAO SHINDE AND ORS.

1991 INSC 19Appeal(s) allowed

The State of Madhya Pradesh sought to evict Gwalior Dairy Limited (the Company) for failure to pay rent under a lease originally granted for one year and later extended for ten years, and subsequently renewed in 1971. The Company argued it was not a "Government lessee" within the meaning of Section …

ASSISTANT COLLECTOR OF CENTRAL EXCISE, GUNTURversusRAMDEV TOBACCO COMPANY

1991 INSC 15Appeal(s) allowed

The Assistant Collector of Central Excise issued a show‑cause notice to Ramdev Tobacco Company in 1972 alleging unaccounted tobacco and later imposed a duty demand and penalty through adjudication proceedings. The company challenged the order, and the Andhra Pradesh High Court held that the …

NIADAR AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.

1991 INSC 14

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions …

COMMISSIONER OF INCOME TAX, WEST BENGALversusWESMAN ENGG. CO. (P.) LTD.

1991 INSC 13Dismissed

Wesman Engineering Co. (P) Ltd., a licensee, sought a certificate under s.195(2) of the Income Tax Act to remit payments to its foreign collaborators for royalties and cost of working drawings. The Income Tax Officer held the entire remittance taxable and directed 65% TDS. The assessee appealed, …

M.L. JAINversusUNION OF INDIA

1991 INSC 11Case Allowed

M.L. Jain, a former High Court Judge, had his pension fixed at Rs 21,500 per annum in 1985, later increased to Rs 46,100 per annum after amendments to the High Court Judges (Conditions of Service) Act, 1954. He challenged the ceiling of Rs 8,000 on the special additional pension imposed by clause …

DHONDU UNDRU CHOUDHARYversusGANPAT LAL SHANKAR LAL AGARWAL.

1991 INSC 10Dismissed

The suit land was taken under Government management and leased by the Mamlatdar to the appellant for ten years (7 Dec 1951 – 6 Dec 1961). After the lease expired, the management was terminated on 27 July 1963 and the land was restored to the landlord. The appellant claimed that his continued payment …

PADMABEN SHAMALBHAI PATELversusSTATE OF GUJARAT

1991 INSC 9Dismissed

The victim, Gangaben, suffered 90% burns after kerosene was poured on her and, while being treated, made dying declarations to two doctors naming Padma Patel, her husband's sister, as her tormentor. The Sessions Court acquitted Patel, doubting the victim's mental fitness and the possibility of …

BABU LALversusSTATE OF HARYANA AND ORS.

1991 INSC 8Appeal(s) allowed

The appellant, Babu Lal, was appointed on an ad‑hoc basis as Sub‑Inspector, Food & Supplies in Haryana in 1975. He was suspended on 15 April 1980 because criminal proceedings under IPC s.420 were pending, and his services were terminated on 17 November 1980 while the suspension was still in force. …

RAJU KAKARA SHETTYversusRAMESH PRATAPRAO SHIROLE AND ANR.

1991 INSC 6Dismissed

The Supreme Court examined a lease where the tenant paid a monthly rent of Rs.900 plus a monthly education cess of Rs.120. The tenant fell into arrears and did not pay the amount within one month of a statutory notice of termination. The principal issues were whether the amendment to Section 12(3) …

STATE OF UTTAR PRADESH AND ANR.versusKAUSHAL KISHORE SHUKLA

1991 INSC 4Appeal(s) allowed

The respondent, K.K. Shukla, was appointed as an ad‑hoc Assistant Auditor in Uttar Pradesh on a temporary contract that allowed termination at any time without cause. An adverse entry was entered against him for 1977‑78 and, later, a preliminary inquiry found him guilty of unauthorised audit of a …

SHIVA GLASS WORKS CO. LTD.versusASSISTANT COLLECTOR OF CENTRAL EXCISE AND OTHERS.

1991 INSC 5Dismissed

Shiva Glass Works Co. Ltd., a licensee under the Central Excises and Salt Act, 1944, paid excise duty on glassware based on price lists submitted for provisional assessment. A search revealed two sets of bills, indicating that duty had been paid at lower rates than the actual sale prices. The …

GRIH KALYAN KENDRA WORKERS' UNIONversusUNION OF INDIA AND OTHERS

1991 INSC 2Dismissed

The Grih Kalyan Kendra, a welfare society under the Ministry of Home Affairs, employed regular staff on deputation and ad‑hoc workers paid only honorarium or piece‑rate without pension or provident fund. The workers' union filed a writ under Article 32 seeking a declaration that the Kendra is a …

SUBHASH KUMARversusSTATE OF BIHAR AND ORS.

1991 INSC 3Dismissed

Subhash Kumar filed a writ petition under Article 32 of the Constitution, claiming that West Bokaro Collieries and Tata Iron & Steel Co. were polluting the Bokaro river by discharging slurry from their washeries, thereby violating the right to life under Article 21. He also alleged that the State of …

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

1991 INSC 1Dismissed

The appellants, land owners whose property was acquired for a residential‑commercial complex in Hissar, Haryana, challenged the compensation awarded by the Land Acquisition Collector and later by the High Court. The Collector had belted the land into three blocks with low per‑square‑yard rates, …