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Judgments of 1992

362 judgments · newest first · showing 1–200

SAMPAT SINGH AND ORS.versusSTATE OF HARYANA AND ORS.

1992 INSC 356Dismissed

Petitioners, comprising 16 MLAs and 3 MPs, filed a writ petition under Article 226 seeking a CBI investigation into alleged corruption by Minister Bhajan Lal and the setting aside of a magistrate's order of discharge. The High Court dismissed the petition without addressing the petitioners' locus …

STATE OF HARYANA AND ORS. ETC. ETC.versusCH. BHAJAN LAL AND ANOTHER ETC. ETC.

1992 INSC 357Dismissed

The DIG of Police, S.A. Khan, filed a contempt petition seeking suo moto proceedings against Chief Minister Ch. Bhajan Lal, alleging that a press statement made by the latter interfered with pending corruption proceedings before the Supreme Court. The petition also contained interlocutory …

S.A. KHANversusSTATE OF HARYANA AND ORS.

1992 INSC 358Dismissed

Deputy Inspector General of Police S.A. Khan was suspended by the Haryana Government on 5 July 1991, a suspension later confirmed by the Central Government under the All India Services (Discipline and Appeals) Rules, 1969. Khan alleged that the suspension was mala fide, intended to protect Chief …

ASHOK KUMAR SHARMA AND ANRversusCHANDER SHEKHER AND ANR.

1992 INSC 352Appeal(s) allowed

The respondents challenged the appointment of the appellants as Junior Engineers, arguing that the appellants were not qualified at the time of filing their applications because their B.E. (Civil) results were declared after the last date for submission. The High Court initially dismissed the …

J. CHANDRASEKHARA RAOversusV. JAGAPATHI RAO AND NINE OTHERS

1992 INSC 353Dismissed

J. Chandrasekhara Rao challenged the election of V. Jagapathi Rao, who won by 427 votes, on the ground that the nomination of a second candidate, who was under 25 and thus ineligible, had been improperly accepted. The petitioner argued that the 9,568 votes obtained by the ineligible candidate (more …

SMT. CHAND RANI (DEAD) BY L.RS.versusSMT. KAMAL RANI (DEAD) BY L.RS.

1992 INSC 351Dismissed

The parties entered into an agreement on 26‑August‑1971 for the sale of a free‑hold house for Rs.1,78,000, with Rs.30,000 earnest money and a further Rs.98,000 payable within ten days. The vendor claimed that the ten‑day payment was the essence of the contract and, when the buyer failed to pay, …

JAI SINGH DALAL AND ORS.versusSTATE OF HARYANA AND ANR.

1992 INSC 354Dismissed

The appellants, members of the Haryana Civil Service, sought appointment through a special recruitment process initiated under Rule 5 of the Punjab Civil Services (Executive Branch) Rules, 1930. The State Government first issued notifications on 20 December 1990 and 25 January 1991 specifying …

AMERICAN EXPRESS BANK LTD.versusCALCUTTA STEEL CO. AND ORS.

1992 INSC 355Appeal(s) allowed

The Calcutta Steel Co. (CSC) obtained a licence to import steel billets and, to reduce the end‑user's financial burden, opened an irrevocable Letter of Credit directly with the foreign supplier, though the name of the canalising agency MMTC was shown for exchange‑control purposes. Bills of exchange …

UNION OF INDIA AND ANR.versusW.N. CHADHA

1992 INSC 347Appeal(s) allowed

The Supreme Court examined the Union of India's and CBI's challenge to a Delhi High Court order that quashed the FIR registered against W.N. Chadha in the Bofors scandal and set aside the letters rogatory issued to Swiss authorities. The Court held that the FIR disclosed a prima facie offence and …

HIMACHAL PRADESH STATE ELECTRICITY BOARDversusSOMDUTT UPPAL AND ANR.

1992 INSC 348Appeal(s) allowed

The case concerned two employees of the Himachal Pradesh State Electricity Board, Shri D.R. Mehta and Shri Uppal, who were promoted to the post of Superintendent after passing the Subordinate Accounts Service (SAS) examination. Mehta passed the exam in October 1972 and was appointed in April 1973, …

ST. JOSEPH TEXTILESversusUNION OF INDIA AND ANR.

1992 INSC 349Dismissed

St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the …

BRITISH MACHINARY SUPPLIES COMPANYversusUNLON OF INDIA AND ORS.

1992 INSC 350Dismissed

The appellant, a user of steel products, applied to the Steel Authority of India Limited (SAIL) for imported G.P. sheets/coils. After registering a demand and opening letters of credit, SAIL offered supplies at a price that was later increased by Rs. 800 per metric ton following a decision of the …

ATLAS CYCLE INDUSTRIES LIMITEDversusSTATE OF HARYANA AND ANOTHER

1992 INSC 345Dismissed

The petitioners, Atlas Cycle Industries Ltd. and another, challenged the levy of octroi on their factories after the Sonepat municipal limits were extended, arguing that Section 5(4) of the Punjab Municipal Act, 1911 (as amended) was unconstitutional for denying them a right of representation and …

CRESCENT DYES AND CHEMICALS LTD.versusRAM NARESH TRIPATHI

1992 INSC 343Appeal(s) allowed

Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union …

RUKMINI AMMA SARADAMMAversusKALL YANI SULOCHANA AND ORS.

1992 INSC 344Appeal(s) allowed

The appellant, a landlady, sought eviction of the tenant on grounds of rent arrears and a claim to demolish the shed. After the Rent Controller ordered eviction only on rent default, the landlady obtained a reversal of the bona fide need finding on appeal, prompting the tenant to file revisions …

SMT. THAKAMMA MATHEWversusM. AZAMATHULLA KHAN AND ORS.

[1992] SUPP. 3 S.C.R. 544Appeal(s) allowed

Smt. Thakamma Mathew sold a property to M. Azmathulla Khan and later cancelled the agreement when the sale was not completed by the stipulated date. She sued for cancellation, possession and damages. The trial court cancelled the agreement and ordered restitution and damages. The Karnataka High …

K.A. PAUL AND ORS.versusTALUK LAND BOARD, ALATHUR AND ORS.

1992 INSC 342Appeal(s) allowed

The Supreme Court examined whether the phrase "son or daughter" in Section 84(1A) of the Kerala Land Reforms Act, 1963 includes step‑children. The donor, a step‑mother, executed a gift deed between 1 January 1970 and 5 November 1974 in favour of her husband’s two sons from a previous marriage. The …

P. V. SRINIVASA SASTRY AND ORS.versusCOMPTROLLER AND AUDITOR GENERAL AND ORS.

1992 INSC 340Case Partly allowed

P.V. Srinivasa Sastry, M. Mahadeva Setty and P. Gangireddy, who were serving as Auditors, were subjected to departmental proceedings for alleged misconduct and were ordered to be reduced in rank to Lower Division Clerks. The appellants challenged the orders on two grounds: (1) the proceedings were …

ARTI K. CHHABRA AND ORS.versusUNION OF INDIA AND ORS.

1992 INSC 338Dismissed

The appellants, originally allocated to various Group ‘A’ central services in 1989, abstained from training to appear for the 1990 Civil Services (Main) Examination in hopes of securing a more desirable posting. Their improved performance was ignored, and they were denied allocation to Indian …

BANWARI LALversusSMT. CHANDO DEVI (THROUGH L.R.) AND ANR.

1992 INSC 341Appeal(s) allowed

Banwari Lal filed a suit which was dismissed by the Subordinate Judge on the basis of a petition of compromise filed on his behalf. Banwari Lal later alleged that the petition was fraudulent, unsigned by the respondent and filed through a colluding advocate. The Subordinate Judge, after finding the …

STATE OF MAHARASHTRAversusRATTANLAL

1992 INSC 339Appeal(s) allowed

Rattanlal filed a declaration under Section 12 of the Maharashtra Agricultural Land (Ceiling and Holdings) Act, 1961. The Surplus Land Determination Tribunal declared 9 acres 8 guntas of his land surplus, an order affirmed by the Revenue Tribunal after a modification. Later the Additional …

DHIRAJ LAL H. VOHRA ETC. ETC.versusUNION OF INDIA AND ORS.

1992 INSC 337Dismissed

The petitioners imported ball bearings that arrived at Madras port on 20 February 1989 but could not be unloaded due to a strike. They presented a bill of entry on 27 February, which was received on 28 February, and entry inward was granted on 2 March 1989. The rate of excise duty was increased on 1 …

LALA JEETMAL KAPOOR TRUSTversusSTATE OF UITAR PRADESH AND ANR.

1992 INSC 332Disposed off

The Lala Jeetmal Kapoor Trust, which owned 2071.10 sq. metres of vacant land in Kanpur, was notified for acquisition under the Kanpur Southern City Extension Scheme. The Trust objected, claiming that the layout had been sanctioned, that provisions for roads and a public park were included, and that …

CENTRAL PROVIDENT FUND COMMISSIONER AND OTHERSversusASHOK DUBEY AND OTHERS

1992 INSC 333Appeal(s) allowed

Ashok Dubey, a Canara Bank officer, was selected by the UPSC for the post of Assistant Provident Fund Commissioner and was offered appointment contingent on a valid discharge from his bank, vigilance clearance and an integrity certificate. While his resignation was pending, the bank informed the …

SABITA PRASAD AND ORS.versusSTATE OF BIHAR AND ORS.

1992 INSC 335Disposed off

The Supreme Court examined the legality of district‑wise panels prepared by the State of Bihar for appointing primary‑school assistant teachers. The petitioners argued that inclusion in a panel created a vested right to appointment and that the Government's circular of 2 July 1989, which cancelled …

BINOD BIHARI SINGHversusUNION OF INDIA

[1992] SUPP. 3 S.C.R. 468Dismissed

The appellant, Binod Bihari Singh, entered a contract with the Union of India for handling goods at a railway shed, which was terminated early. An arbitrator was appointed and awarded Rs. 82,100 to the appellant on 26 February 1965. The appellant filed an application on 20 May 1966 under Section 17 …

BANK OF MAHARASHTRAversusAUTOMOTIVE ENGINEERING CO.

1992 INSC 336Appeal(s) allowed

The Bank of Maharashtra honoured a cheque for Rs.6,500 presented by a customer of another bank, which was later discovered to have been chemically altered and actually payable for Rs.95.98. The bank’s branch did not possess an ultraviolet (UV) ray lamp, a device that could have revealed the forgery, …

VIJAY MILLS C'OMPANY LIMITED ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1992 INSC 329Dismissed

Vijay Mills Co. Ltd. owned about 2 lakh sq. m. of non‑agricultural land in Ahmedabad that was assessed at 2 paise per sq. m. under the Gujarat Land Revenue Rules, 1972. The State Government drafted rules in July 1976 to raise the rate, withdrew the notification, invited objections, and finally …

STATE OF WEST BENGAL AND ANR.versusRASH BEHARI SARKAR AND ANR.

1992 INSC 330Disposed off

The State of West Bengal issued a 1984 notification exempting entertainment tax for performances by group, amateur theatres or amateur jatra that are formed solely for cultural activities and do not pay artists regular or contractual fees, while professional theatres were excluded. A professional …

RAZAKBHAI ISSAKBHAI MANSURI AND OTHERS ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1992 INSC 328Dismissed

The petitioners challenged the constitutional validity of amendments to the Bombay Prohibition Act, 1949 made by the Gujarat Legislature that required a permit for possession of "rotten gur" in excess of a prescribed limit and regulated its manufacture. They argued that the provisions exceeded the …

JARNAIL SINGHversusSECRETARY, MINISTRY OF HOME AFFAIRS AND ORS.

1992 INSC 327Dismissed

Jarnail Singh, a retired Under Secretary, was found guilty of serious irregularities and the President ordered permanent withholding of his full pension and death‑cum‑retirement gratuity. Singh challenged the order, arguing that Rule 9 of the Central Civil Services (Pension) Rules, 1972 did not …

P.D. PUSHPARAJANversusSTATE OF KERALA

1992 INSC 326Dismissed

The Supreme Court examined the murder of Divakaran, for which four accused, including Pushparajan (A‑3) and Murali (A‑4), were convicted under IPC sections 302 and 324 read with section 34 and sentenced to life imprisonment. The appellants argued that A‑3 should only be liable for the assault …

PUNJAB STATE ELECTRICITY BOARD AND OTHERSversusLUDHIANA STEELS PRIVATE LTD.

1992 INSC 325Disposed off

Ludhiana Steel Private Ltd. disputed a bill from Punjab State Electricity Board for electricity supplied between 6 Oct 1986 and 16 May 1988, alleging the meter under‑recorded consumption. The company sought injunctions and approached the Electrical Inspector under Section 26(6) of the Indian …

STATE OF KARNATAKAversusAPPA BALU JNGALE AND ORS.

[1992] SUPP. 3 S.C.R. 284Appeal(s) allowed

The State of Karnataka appealed against a Karnataka High Court judgment that acquitted Appa Balu Ingale and others of offences under Sections 4 and 7 of the Protection of Civil Rights Act, 1955. The accused were alleged to have used a gun threat to prevent Harijan (Dalit) villagers from drawing …

INRE: ROSHAN LAL AHUJAversus.

1992 INSC 324Dismissed

Roshan Lal Ahuja, a former Draftsman in the Ministry of Defence, repeatedly challenged his reduction in rank, loss of benefits and dismissal from service through numerous writ petitions, all of which were dismissed. After receiving a monetary award of Rs 30,000, he filed another petition using …

JEET SINGH ETC.versusSTATE OF U.P. AND ORS.

1992 INSC 323Dismissed

The appellants, Jeet Singh (who had two wives) and his first wife Mayawati, challenged the inclusion of two plots transferred to Mayawati in Jeet Singh's land holding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, arguing that Mayawati was a "judicially separated" wife and …

STATE OF ORISSAversusB.N. AGARWALA

1992 INSC 322Case Partly allowed

The State of Orissa contracted B.N. Agarwala to construct an irrigation project. After completion, Agarwala claimed extra work payments, and the dispute was referred to the Superintending Engineer, who acted as sole arbitrator and awarded Rs.1,59,298, including Rs.61,086.61 as interest for the …

SYED KHALID RIZVI AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1992 INSC 320Appeal(s) allowed

The case concerned the inter‑se seniority of direct‑recruit Indian Police Service (IPS) officers and promotee officers from the Uttar Pradesh State Police Service who had been temporarily appointed to cadre posts. The promotees claimed that their continuous officiation from the date of their …

COMMISSIONER OF INCOME TAJ, ORISSAversusDHADI SAHU

1992 INSC 319Appeal(s) allowed

The assessee concealed income of minor children and the Income‑Tax Officer referred the case to the Inspecting Assistant Commissioner (IAC) under Section 274(2) of the Income‑Tax Act because the minimum penalty exceeded Rs 1,000. The reference was made before the amendment of Section 274(2) which, …

GANNON DUNKERLEY AND CO. A.ND ORS. ETC. ETC.versusSTATE OF RAJASTHAN AND ORS. ETC. ETC.

1992 INSC 312Appeal(s) allowed

The Supreme Court examined appeals by Gannon Dunkerley Co. and other contractors challenging the Rajasthan Sales Tax Act, 1954 and its rules which imposed tax on the transfer of property in goods used in works contracts. The Court held that Section 5(3) of the Act and sub‑rule (i) of Rule 29 of the …

C.B. GAUTAMversusUNION OF INDIA AND ORS.

1992 INSC 313Appeal(s) allowed

The petitioner C.B. Gautam sought to purchase a lease‑hold plot in Delhi, but the Income Tax authority ordered its compulsory purchase by the Central Government under Section 269UD of the Income‑Tax Act, 1961, without giving any reasons or a chance to be heard. The Supreme Court examined whether …

STATE OF MADHYA PRADESHversusARJUN SINGH AND OTHERS

1992 INSC 316Disposed off

The Leader of Opposition filed a writ petition challenging alleged irregularities in a lottery run by the Churhat Children Welfare Society, leading the Madhya Pradesh Government to appoint a commission of enquiry under the Commissions of Enquiry Act, 1952. While the commission was pending, the State …

RAMBAI MANJANATH NAYAK AND ORS.versusUNION OF INDIA AND ORS.

1992 INSC 314Dismissed

The appellants, tenants of a three‑storeyed building, continued to occupy the premises after the owner sold it to the respondents. The Central Government, under Chapter XX‑A of the Income Tax Act, 1961, initiated acquisition proceedings, issued notices to the tenants, and eventually ordered …

AA. HAJA MUNIUDDINversusINDIAN RAILWAYS

1992 INSC 318Appeal(s) allowed

The appellant dispatched marble slabs by rail, which were damaged in an accident, and filed a claim for Rs.1,05,000 before the Railway Claims Tribunal. The Tribunal required a filing fee of Rs.2,055 under Section 16(2) of the Railway Claims Tribunal Act, 1987, but the appellant could not pay and …

UNION OF INDIAversusMOHD. SADIQ RATHER

1992 INSC 317Disposed off

The Union of India appealed against a bail order granted to Mohd. Sadiq Rather under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The charge‑sheet, deemed a police report under Section 173(2) of the Code of Criminal Procedure (CrPC), had been filed with the Designated Court …

BUILDERS' ASSOCIATION.OF INDIAversusSTATE OF KARNATAKA AND OTHERS

1992 INSC 315Dismissed

The Builders' Association of India, an association of contractors, challenged the Karnataka Sales Tax Act, 1957, specifically Explanation 3(c) to Section 2(t) and Section 5‑B with the Sixth Schedule, alleging that they converted inter‑state sales into intra‑state sales and imposed tax on the value …

INDRA SAWHNEY AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

[1992] SUPP. 2 S.C.R. 454Disposed off

The case challenged the Office Memorandums of 1990 and 1991 providing 27% reservation for Socially and Educationally Backward Classes (SEBCs) and 10% for economically backward sections in central government services. The Supreme Court, in a 9-judge bench decision, settled the legal position on …

VARIAVAN SARASWATHI AND ANR.versusEACHAMPI THEVJ AND ORS.

1992 INSC 310Appeal(s) allowed

Two junior members of a Tarwad redeemed a mortgage executed in 1870, obtained release in 1886 and remained in possession of the land for over fifty years. In 1967, other members of the Tarwad filed a partition suit, claiming that the junior members were tenants under Section 4A(1)(a) of the Kerala …

RAMJAS FOUNDATION AND ORS.versusU.O.I. AND ORS.

1992 INSC 308Dismissed

The Ramjas Foundation challenged the validity of notifications issued under Sections 4, 6, 9 and 10 of the Land Acquisition Act, 1894 for land in Delhi that it claimed was wakf and used for charitable education. It alleged that its objections under Section 5A were rejected without a personal hearing …

DR. S.M. ILYAS AND ORS.versusINDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ORS.

1992 INSC 309Appeal(s) allowed

The case concerned scientists of the Indian Council of Agricultural Research (ICAR) in the S‑2 and S‑3 grades who were placed in lower pay scales than junior colleagues after a 1989 notification revised pay structures based solely on total service length (8 years for S‑2, 16 years for S‑3). The …

M. SANKARANARAYANAN IAS.versusSTATE OF KARNATAKA AND ORS.

1992 INSC 307Dismissed

M. Sankaranarayanan, an IAS officer serving as Chief Secretary of Karnataka, was transferred on 4 January 1991 to the post of Secretary, High Power Committee, and a senior officer was appointed Chief Secretary. He challenged the transfer before the Central Administrative Tribunal, alleging that it …

STATE BANK OF INDIA AND ANR.versusV. PARTHASARATHY ETC.

1992 INSC 305Appeal(s) allowed

The State Bank of India issued Staff Circular No. 42, which laid down a three‑option procedure for promotion of clerks to Head Clerk, with permanent debarment if the final offer is refused. The respondents, clerks in the Madras Regional Office, declined the first two offers and were then given a …

STATE OF BIHAR AND ORS.versusKAMLESH JAIN

1992 INSC 304Appeal(s) allowed

The State of Bihar terminated the services of 320 doctors, including Dr. Sandhya Das, after they failed to return from leave and did not respond to a general notice. Ms. Kamlesh Jain filed a public interest litigation seeking financial assistance and post‑retirement benefits for Dr. Das, and the …

STATE OF MADHYA PRADESHversusHARI DATT SHARMA

1992 INSC 303Appeal(s) allowed

The respondent was appointed in 1965 as Superintendent of a Deaf Mute and Blind School and later promoted to Deputy Director and Joint Director in the Social Welfare Department. Under Madhya Pradesh State Fundamental Rules (FR 56 Sub‑Rule (1‑a)), the retirement age is 58 years, except for teachers …

UNION TERRITORY OF CHANDIGARHversusDILBAGH SINGH AND ORS.

1992 INSC 300Appeal(s) allowed

The Chandigarh Administration cancelled a select list of 32 conductors prepared by a three‑member Selection Board after finding that interview marks had been manipulated to favour certain candidates, although no direct evidence of corruption was established. The cancelled candidates approached the …

FOOD CORPORATION OF INDIAversusKAMDHENU CATILE FEED INDUSTRIES

1992 INSC 301Appeal(s) allowed

The Food Corporation of India (FCI) invited tenders for the sale of damaged food grains. The respondent submitted the highest bid, but FCI deemed the price inadequate and invited all tenderers to negotiate for higher offers. The respondent refused to revise its bid, and a higher offer was obtained …

KRISHNA BHIMRAO DESHPANDEversusLAND TRIBUNAL, DHARWAD AND ORS.

1992 INSC 302Dismissed

The petitioners, owners of lands in the Hubli‑Dharwad urban agglomeration, challenged the Land Tribunal’s order granting occupancy rights to tenants under the Karnataka Land Reforms Act, arguing that the lands fell within the scope of the Central Urban Land (Ceiling and Regulation) Act, 1976 and …

SHANTILAL KASHIBHAI PATELversusSTATE OF GUJARAT

1992 INSC 298Appeal(s) allowed

The case involved a complaint that food inspectors demanded a bribe of Rs 5,000 for a food‑safety inspection. The complainant, after paying part of the amount, approached the Anti‑Corruption Bureau, which recorded the transaction in the presence of two Panch witnesses and used anthracene powder to …

STATE OF MADHYA PRADESHversusAJAY SINGH AND ORS. ETC.

1992 INSC 299Dismissed

The Madhya Pradesh Government constituted a single‑member Commission of Inquiry to investigate the Churhat Children’s Welfare Society, appointing Justice S.T. Ramalingam. After his retirement, the State replaced him by notifications appointing retired judges G.G. Sohani and later Kamlakar Choubey. …

KISHAN SINGHversusSTATE OF UTTAR PRADESH

1992 INSC 297Appeal(s) allowed

Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor …

R.N. GOSAINversusYASHPAL DHIR

1992 INSC 296Dismissed

The landlord, a retired university comptroller, claimed status as a "specified landlord" under the East Punjab Urban Rent Restriction Act and obtained a decree for eviction of the tenant. The High Court accepted this claim and granted the landlord one month to take possession, subject to the tenant …

INDIAN BANKversusK. NATARAJA PILLAI AND ANR.

1992 INSC 294Appeal(s) allowed

Indian Bank sued K. Nataraja Pillai, his wife and son to recover Rs.1,21,006.98 secured by a promissory note, hypothecation deeds and an equitable mortgage. The defendants denied execution of the note and guarantee agreement, alleging fraud, undue influence and, in the son’s case, minority. The …

ESCORTS LIMITED AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.

1992 INSC 292Dismissed

Escorts Ltd. and other assessees challenged the Finance (No.2) Act, 1980 amendment that gave retrospective effect to clause (iv) of Section 35(2) of the Income‑Tax Act, 1961, arguing it allowed a double deduction for scientific‑research expenditure and violated Articles 14, 19(1)(g) and 300A of the …

HOTEL BALAJI AND OTHERS ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS. ETC. ETC.

1992 INSC 293Dismissed

The Supreme Court examined the constitutional validity of purchase‑tax provisions in three State sales‑tax statutes: Section 15B of the Gujarat Sales Tax Act, Section 3‑AAAA of the Uttar Pradesh Sales Tax Act, and Section 6‑A of the Andhra Pradesh General Sales Tax Act. The petitioners argued that …

SHIRISH GOVIND PRABHUDESAIversusSTATE OF MAHARASHTRA AND ORS.

1992 INSC 289Disposed off

The petitioners, students admitted to a medical college not recognised by the Medical Council of India (MCI), sought migration to a recognised college after passing the first MBBS examination. The Director of Medical Education refused, citing a condition that only students from recognised colleges …

UNION OF INDIAversusDR. P. RAIARAM AND OTHERS

1992 INSC 285Appeal(s) allowed

The Union created 35 floating/common super‑time grade posts in the Central Health Service and, through the UPSC, prescribed a selection process involving a Departmental Promotion Committee (DPC) and an eligibility list. Dr. P. Rajaram (respondent No.1) challenged his lower ranking, alleging that …

PARAS RAMversusSTATE OF HARYANA

1992 INSC 286Appeal(s) allowed

Paras Ram was arrested on suspicion while carrying an unlicensed 12‑bore country‑made pistol. Although initially charged under Section 25 of the Arms Act, the case was transferred to a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and he was convicted …

INDIAN OIL CORPORATIONversusMUNICIPAL CORPORATION, JULLUNDHAR AND ORS.

1992 INSC 287Appeal(s) allowed

The Indian Oil Corporation (IOC) operated a depot within the limits of the Municipal Corporation of Jullundhar and transported petroleum products to dealers outside those limits. The Municipal Corporation levied octroi under Section 113 of the Punjab Municipal Corporation Act, 1976, which the IOC …

SAROJINI AND ORS.versusSTATE OF M.P. AND ORS.

1992 INSC 284Dismissed

Vinod Bhalla and his mother-in-law Sarojini were charged with the homicide of Rajini, the wife of Vinod, under sections 302 and 34 of the IPC, alleged to be a dowry death. The trial court convicted them, but the High Court acquitted both of the murder charge, convicting only Sarojini under section …

M.B. JOSHI AND ORS. ETC. ETC.versusSATISH KUMAR PANDEY AND ORS. ETC. ETC.

1992 INSC 281Appeal(s) allowed

The case concerned Sub‑Engineers in the Madhya Pradesh Public Health Engineering Department, some of whom were diploma‑holders who later obtained a degree in engineering. Under the Service Rules, diploma‑holders required 12 years of service for promotion to Assistant Engineer, whereas those who …

BALWANT SINGH AND ORS.versusGURBACHAN SINGH AND ORS.

1992 INSC 282Appeal(s) allowed

In execution of a pre-emption decree, the respondent was given actual possession of 135 kanals and symbolic possession of an additional 62 kanals 13 marlas, which was beyond the decree's terms. The appellants' father filed a declaratory suit in 1965, which was decided in his favour and affirmed in …

MULLAGIRI VAIRAM AND ORS.versusSTATE OF ANDHRA PRADESH

1992 INSC 283Disposed off

The case concerned the murder of the village Sarpanch, Nethala Veeraswamy, for which twelve persons were charged. The trial court convicted all under Section 302 read with Section 149 of the IPC, but the Andhra Pradesh High Court set aside the convictions of seven accused and upheld the convictions …

STEEL ROLLING MILLS OF BENGAL LTD.versusUNION OF INDIA AND ORS. ETC.

1992 INSC 278Dismissed

The appellants, Steel Rolling Mills, purchased iron billets (duty Rs 330/ton) and rolled them into MS flats (duty Rs 120/ton) which were exported. They claimed export rebate at Rs 450/ton, arguing that rebate should cover duty paid on both raw billets and finished flats. The Collector, relying on …

POLAKI MOTORS AND ORS.versusSTATE OF ORISSA AND ORS.

1992 INSC 280Dismissed

The petitioners, registered dealers under the Orissa Sales Tax Act, 1947, challenged the constitutional validity of the Orissa Additional Sales Tax (Amendment and Validation) Act, 1983, which retrospectively validated assessments of an additional tax levied on gross turnover, allegedly violating the …

EVEREST CO-OWNERS, A.B.C.versusM.P. STATE WARE HOUSING CORPORATION AND ANOTHER

1992 INSC 275Appeal(s) allowed

The appellant, Everest Co‑owners, owned three godowns that were leased to the Food Corporation of India and later occupied by the respondent, M.P. State Ware Housing Corporation, without the appellant’s consent. After the lease expired, the appellant claimed damages of Rs 4,76,984 and invoked the …

STATE BANK OF INDIA AND ORS.versusD.C. AGGARWAL AND ANR.

1992 INSC 276Dismissed

The State Bank of India initiated disciplinary proceedings against its officer D.C. Aggarwal, whose inquiry officer recommended exoneration on minor charges. The bank forwarded the inquiry report to the Central Vigilance Commission (CVC), which found several charges proved and recommended a major …

STATE OF MADHYA PRADESH AND ANR.versusSYED NASEEM ZAHIR AND OTHERS

1992 INSC 274Appeal(s) allowed

Syed Naseem Zahir, a Superintending Engineer, was considered for promotion to Chief Engineer by the Departmental Promotion Committee (DPC) in October 1987. Because disciplinary proceedings were contemplated, the DPC placed its recommendation in a sealed cover, although the charge sheet was only …

UNION OF INDIA AND OTHERSversusRAJENDRA SINGH ETC

1992 INSC 273Appeal(s) allowed

Two Rakshaks of the Railway Protection Force, appointed and later dismissed by the Assistant Security Officer, challenged their dismissals on the ground that only the Chief Security Officer could appoint and dismiss under the Railway Protection Force Act, 1957. The High Court had set aside the …

UNION OF INDIA AND ORS.versusJ.S. BRAR

1992 INSC 270Appeal(s) allowed

Major J.S. Brar was charged under Section 69 of the Army Act, 1950 read with Section 379 IPC for theft of army property. After an initial General Court Martial (GCM) found him guilty of one charge and acquitted him of another, the Confirming Authority ordered a revision under Section 160 and Rule 68 …

PASHORA SINGH AND ANR.versusSTATE OF PUNJAB

1992 INSC 271Case Partly allowed

Pashora Singh and his brother Lahora Singh were tried for offences under Sections 307, 447, 326, 324 and 323 read with Section 34 of the Indian Penal Code for inflicting injuries on Amar Singh and Pal Singh in 1981. The trial court convicted them of the latter four offences and, as they were not …

CRESCENT IRON AND STEEL CORPORATION LTD.versusUNION OF INDIA AND ANOTHER

1992 INSC 272Appeal(s) allowed

Crescent Iron and Steel Corporation Ltd., a private foundry, locked out its operations in July 1985 and referred the matter to the BIFR under Section 15(1) of the Sick Industrial Company (Special Provisions) Act, 1985. While the reference was pending, it sought closure permission under Section 25 of …

N.F. SALIversusSTATE OF KARNATAKA AND ORS.

1992 INSC 267Appeal(s) allowed

The Karnataka Government framed special recruitment rules in 1985 to appoint Scheduled Caste and Scheduled Tribe candidates to certain Group A and B posts, prescribing a Board‑conducted oral test and a specific procedure for publishing merit lists. Unsuccessful candidates challenged the Board’s …

KARAMJEET SINGHversusUNION OF INDIA

1992 INSC 269Dismissed

Karamjeet Singh filed a writ petition under Article 32 of the Constitution claiming to be the next friend of two convicts sentenced to death for desecrating a religious shrine, alleging that the convicts were under a legal disability due to an intense religious obsession. The convicts had expressly …

STATE OF MADHYA PRADESH AND ANR.versusPRAMOD BHARTIYA AND ORS.

1992 INSC 268Appeal(s) allowed

The State of Madhya Pradesh appealed against an order of the Madhya Pradesh Administrative Tribunal that had directed equalisation of pay scales between lecturers in Government Higher Secondary Schools and non‑technical lecturers in Technical Schools. The respondents, lecturers in Higher Secondary …

STATE OF KERALA AND ORS.versusDR. ARVIRAH POULOSE (DEAD)

1992 INSC 264Appeal(s) allowed

The family of the deceased declarant owned 20.46 acres, of which 8 acres were exempt, leaving a surplus of 0.46 acres under the ceiling limit of 12 acres. The Kerala High Court held that voluntary transfers made between 1963 and the material date of 1 June 1970 should be excluded from the …

SHYAM SINGHversusCOLLECTOR, DISTRICT HAMIRPUR, U.P., AND ORS.

1992 INSC 265Appeal(s) allowed

Shyam Singh obtained a Rs 34,000 loan from the State Bank of India for a tractor, mortgaging 22 acres of land. After defaulting, the bank invoked Section 10‑B of the U.P. Agricultural Credit Act, 1973 and the Tehsildar attached the tractor, whose estimated value exceeded the debt. Later, under …

DR. RAVINDER NATHversusSTATE OF H.P. AND ORS.

1992 INSC 266Appeal(s) allowed

The respondents, Ayurvedic compounders employed by the Himachal Pradesh Health Department, sought promotion to Ayurvedic Chikitsa Adhikari (Vaidya) on the basis of diplomas/degrees obtained from Hindi Sahitya Sammelan (H.S.S.) in 1974. The State and existing Vaidyas argued that only qualifications …

RAM PARKASH MAKKARversusSTATE OF HARYANA AND ORS.

1992 INSC 261Appeal(s) allowed

Ram Parkash Makkar was appointed as a Steno‑Typist in the Haryana Civil Secretariat in 1973 and was placed at the disposal of the Directorate of Local Bodies as an Assistant on 8 January 1986 on a transfer basis, with a one‑year probation and a clause that the appointment was temporary and he could …

S.B. DOGRAversusSTATE OF HIMACHAL PRADESH AND ORS.

1992 INSC 262Appeal(s) allowed

The appellant S.B. Dogra, a former Indian Army officer, was appointed to the Himachal Pradesh Police Service under the Demobilised Armed Forces Personnel (Reservation of Vacancies) Rules, 1972 and was given seniority based on a notional entry date of 1964 as per Rule 5(1). Respondent D.S. Amist …

STATE OF TAMIL NADU AND ORS.versusSANJEETHA TRADING CO. AND ORS.

1992 INSC 263Appeal(s) allowed

The State of Tamil Nadu, under the Tamil Nadu Essential Articles Control and Requisitioning Act, 1949, declared timber an essential article and issued the Tamil Nadu Timber (Movement Control) Order, 1982 which allowed transport of timber outside the State only on a permit. In September 1983 the …

INDIAN AIRLINES CORPORATIONversusCAPT. K.C. SHUKLA AND ORS.

1992 INSC 260Appeal(s) allowed

The dispute concerned the promotion of Capt. K.C. Shukla to the post of Deputy Operations Manager in Indian Airlines, a position filled by a selection process prescribed in the corporation's Promotion and Recruitment Rules (50% Annual Confidential Reports and 50% interview, later reduced to 40%). …

STATE OF RAJASTHAN AND ORS.versusNANDLAL AND ORS. ETC. ETC.

1992 INSC 258Dismissed

The Supreme Court examined a series of civil appeals arising from writ petitions filed by country‑liquor licencees in Rajasthan who challenged demand notices for deficit amounts under the Rajasthan Excise Act, 1950. The licencees alleged that they could not draw the guaranteed quantity of liquor …

JUNIOR TELECOM OFFICERS FORUM AND ORS.versusUNION OF INDIA AND ORS.

1992 INSC 257Dismissed

The Junior Telecom Officers Forum (JTOF) filed a writ petition, special leave petitions and a transfer petition before the Supreme Court challenging the mode of promotion and seniority fixation for Telecom Engineering Service (Group B) officers, contending that promotions should be based on the year …

GOVINDA PILLAI RAMDASversusLAKSHMIKUTTY AMMA AMMUKUTTY AMMA AND ORS.

1992 INSC 254Dismissed

The plaintiff purchased the equity of redemption of a mortgaged property and sued for redemption. The defendant, an assignee of the mortgagee, claimed protection under Section 4(A) of the Kerala Land Reforms Act, 1964, asserting that he was a deemed tenant because he had possessed the land for over …

NAVJYOTI CO-OP. GROUP HOUSING SOCIETY ETC.versusUNION OF INDIA AND ORS.

1992 INSC 255Dismissed

The case concerned the allotment of Nazul land by the Delhi Development Authority (DDA) to cooperative group housing societies. The societies argued that the rule "first come first served" in Rule 6(vi) of the 1981 Nazul Rules meant seniority based on the date of registration, not the date of …

COMMISSIONER OF INCOME-TAXversusSUN ENGINEERING WORKS (P) LTD.

1992 INSC 256Dismissed

Sun Engineering Works filed loss returns for assessment years 1960-61 and 1961-62 after the statutory time limit; the Income Tax Officer treated the returns as "no demand" and did not allow the losses. The assessee later disclosed Hundi loans, which the Officer treated as escaped income and, under …

PINE CHEMICAL SUPPLIERS AND ORS.versusCOLLECTOR OF CUSTOMS (BOMBAY)

1992 INSC 250Dismissed

The appellants, Pine Chemical, imported gum rosin and declared it as 'OFF' grade with a CIF value of US$410 per tonne. Laboratory tests and intelligence reports later established that the actual grade was 'WG', a higher quality with a CIF value of US$465 per tonne, constituting a misdeclaration. The …

SIMRANJIT SINGH MANNversusUNION OF INDIA AND ANR.

1992 INSC 251Dismissed

In the General Vaidya murder case two accused were convicted of murder and sentenced to death. The convicts did not appeal, and the Supreme Court was hearing a reference for confirmation of the death sentence. Simranjit Singh Mann, President of a political party, filed a writ petition under Article …

STATE OF U.P. AND ORS.versusVII ADDITIONAL DISTRICT JUDGE AND ORS.

1992 INSC 252Dismissed

The landlord of a building let to the Uttar Pradesh Sales Tax Department applied for a rent enhancement under the U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972. The Rent Control Officer enhanced the rent by assessing the market value of the building, adding the value of …

GOPAL KRISHNA SHARMA AND ORS. ETC.versusSTATE OF RAJASTHAN AND ORS.

1992 INSC 248Disposed off

The Sukhadia University in Rajasthan refused to place its Research Assistants and Research Associates on the revised University Grants Commission (UGC) pay scale of Rs 700‑1600, despite the university having implemented the same scale for other teaching staff. The petitioners, who were Research …

UNION OF INDIA ETC. ETC.versusHARI KRISHAN KHOSLA (DEAD) BY LRS. ETC. ETC.

1992 INSC 249Appeal(s) allowed

The case concerned a large tract of land requisitioned in 1967 under the Defence of India Act and later acquired by the Central Government under Section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1952. The compensation determined by the Competent Authority was refused to be …

SEWARAMversusSOBARAN SINGH

1992 INSC 246Dismissed

Sewaram was elected to the Madhya Pradesh Legislative Assembly from Morena, but his opponent Sobaran Singh challenged the election alleging that Sewaram held contracts with the state government at the time of filing his nomination, which would disqualify him under Section 9‑A of the Representation …

AHER MAYA VISA AND OTHERSversusSTATE OF GUJARAT

1992 INSC 247Dismissed

The accused were charged with murder of two brothers under Sections 302 and 34 IPC. The trial court acquitted them, relying on a purported custom of the Aher community that a widow should not leave her house for 45 days after her husband's death, and finding the eye‑witnesses' testimony doubtful. …

ASLAM BABALAL DESAIversusSTATE OF MAHARASHTRA

1992 INSC 245

The appellant was arrested for offences under Sections 147, 148, 302 and 323 read with 149 IPC and, after the investigating agency failed to file a charge‑sheet within the 90‑day period prescribed by the proviso to Section 167(2) of the CrPC, the Sessions Judge released him on bail. After the …

UNION OF INDIA AND ORS.versusJAIN SPINNERS LTD. AND ANR.

1992 INSC 242Appeal(s) allowed

The respondents, manufacturers of cellulosic spun yarn, were initially allowed a concessional excise rate but later faced a show‑cause notice and were assessed a large duty. They deposited the disputed amount in the High Court, obtained a conditional order permitting withdrawal of the deposit, and …

M.G. PANDKE AND ORS.versusMUNICIPAL COUNCIL HINGANGHAT DISTRICT WARDHA AND ORS.

1992 INSC 240Appeal(s) allowed

The appellants, teachers employed by the Hinganghat Municipal Council before November 1956, claimed that their statutory retirement age was 60 years under the Madhya Pradesh Secondary Education Act, 1951 and the subsequent Maharashtra Secondary Schools Code, which provided an exception for Vidarbha …

STATE OF TAMIL NADU AND ANR.versusC. SUBRAMANI AND ORS.

1992 INSC 239Appeal(s) allowed

The respondents were involved in the manufacture and sale of illicit liquor that caused several deaths, and were detained under Sections 3(1) and 3(2) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and …

PAL SINGH AND ORS.versusUNION TERRITORY OF CHANDIGARH

1992 INSC 237Dismissed

Petitioners whose lands were acquired under the Land Acquisition Act, 1894 were dissatisfied with the compensation awarded by the reference court and appealed to the Punjab & Haryana High Court, which fixed compensation rates as agreed by the parties. Subsequently, the High Court awarded higher …

BHAG SINGH AND ORS.versusUNION TERRITORY OF CHANDIGARH

1992 INSC 238

The petitioners' lands were acquired under the Land Acquisition Act, 1894 and compensation was initially fixed by the District Judge. The High Court, on appeal, enhanced the compensation based on uniform market‑value rates for the tract of land. The petitioners sought further enhancement, relying on …

SATRUCHARLA CHANDRASEKHAR RAJUversusVYRICHERLA PRADEEP KUMAR DEV AND ANR.

1992 INSC 236Appeal(s) allowed

Satrucharla Raju was appointed as a single teacher in a primary school run by the Integrated Tribal Development Agency (ITDA), a registered society. He was suspended pending an enquiry, tendered his resignation on 26 October 1989 (which was not accepted), and subsequently filed his nomination and …

SHYAM KISHORE AND ORS.versusMUNICIPAL CORPORATION OF DELHI AND ANR.

1992 INSC 232Disposed off

Shyam Kishore and others appealed to the Supreme Court against the Delhi High Court's dismissal of their appeal for non‑deposit of the disputed tax under Section 170(b) of the Delhi Municipal Corporation Act, 1957. The issue was whether the pre‑deposit requirement, which makes an appeal "heard or …

BIRENDRA KUMAR RAI ALIAS VIRENDRA KUMAR RAIversusUNION OF INDIA AND ORS.

1992 INSC 235Dismissed

Birendra Kumar Rai was arrested under the Arms Act and Motor Vehicles Act and was in jail when a complaint under the NDPS Act was filed. While he remained in custody, a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 …

UNION OF INDIA AND ORS.versusMUNIM SINGH AND ORS.

1992 INSC 233Appeal(s) allowed

The case concerned casual workmen employed by the Telecommunication Department who sought benefits under an absorption scheme. The Central Administrative Tribunal ordered the Department to pay benefits and to prepare an all‑India seniority list for allocating work. The Union of India appealed, …

INDIA METERS LTD., MADRASversusPUNJAB STATE ELECTRICITY BOARD AND ORS.

1992 INSC 229Appeal(s) allowed

India Meters Ltd responded to a tender by offering to supply electricity meters on its own payment terms, including a request to waive a bank guarantee. The Punjab State Electricity Board issued a purchase order for 75,000 meters but retained its own payment conditions and required samples, also …

NELSON MOTISversusUNION OF INDIA AND ANR.

1992 INSC 227Dismissed

Nelson Motis, a government servant, was removed from service on 4 February 1984 after an inquiry found several charges proved. He challenged the removal before the Central Administrative Tribunal, which set aside the penalty on procedural grounds and noted his acquittal in a related criminal case. …

DR. PRIT SINGHversusS.K. MANGAL AND ORS.

1992 INSC 228Dismissed

Dr. Prit Singh was appointed Principal of a recognised college on 22 July 1986, but the Vice‑Chancellor refused to approve the appointment because Singh did not meet the prescribed qualifications of a first or high second class Master's degree. The qualifications were later amended on 15 October …

STATE OF MADHYA PRADESHversusSRIKANT CHAPHEKAR

1992 INSC 231Appeal(s) allowed

The respondent, an Assistant Director in Madhya Pradesh, was superseded for promotion in 1981 by the Departmental Promotion Committee (DPC) on the basis of adverse confidential reports, some of which were later expunged. He was eventually promoted in 1986 and thereafter filed an application before …

JANTA DAL ETC. ETC.versusH.S. CHOWDHARY AND ORS. ETC. ETC.

1992 INSC 226Disposed off

The Supreme Court examined a petition filed by H.S. Chowdhary, claiming to be a public‑interest litigant, seeking to quash a FIR and stop a letter rogatory to Switzerland in the Bofors scandal. The Court held that Chowdhary had no locus standi and that the petition did not fall within the definition …

HINDUSTAN CONSTRUCTION CO. LTD.versusSTATE OF JAMMU AND KASHMIR

1992 INSC 225Appeal(s) allowed

Hindustan Construction Co. Ltd. entered into a bridge‑construction contract with the State of Jammu & Kashmir and, after disputes, the matter was referred to arbitration. The arbitrators awarded the contractor on several items, including full amounts on items 2 and 5 and interest on the total claim, …

SMT. SAROJINI RAMASWAMIversusUNION OF INDIA AND ANR.

1992 INSC 222Disposed off

The petition, filed by Smt. Sarojini Ramaswami on behalf of her husband Justice V. Ramaswami, sought a mandamus directing the Inquiry Committee constituted under the Judges (Inquiry) Act, 1968 to furnish a copy of its report to the Judge before it was submitted to the Speaker of the Lok Sabha, …

UNION OF INDIA AND ORSversusDEEP CHAND PANDEY AND ANR.

1992 INSC 224Appeal(s) allowed

The respondents, casual typists employed on daily wages by the Indian Railways, had their services terminated and filed writ petitions in the Madhya Pradesh High Court, which allowed them. The Union of India appealed, contending that under Section 14 of the Administrative Tribunals Act, 1985 the …

KRISHNA SWAMI AND ORS.versusUNION OF INDIA AND ORS.

1992 INSC 223Dismissed

In 1991 a motion signed by 108 Lok Sabha members to remove Justice V. Ramaswami was admitted by the Speaker, leading to the constitution of an Inquiry Committee under the Judges (Inquiry) Act, 1968. Two writ petitions (W.P. 140/1992 and W.P. 149/1992) were filed under Article 32 seeking to quash the …

DAVID PATRICK WARD AND ANR.versusUNION OF INDIA AND ORS.

1992 INSC 220Dismissed

The Supreme Court dismissed a joint writ petition filed by two British nationals, David Patrick Ward and Stephen Hillman, who were detained under Sections 3(1) and 3(2) of the National Security Act, 1980 by the Nagaland State Government for alleged involvement with Naga insurgents. The petitioners …

STATE OF J & KversusMOHD. YAQOOB KHAN AND ORS.

1992 INSC 221Appeal(s) allowed

The State of J&K filed a writ petition under Article 226 for implementation of a decree that had been modified by a compromise. The High Court issued an ex‑parte interim order on 19‑03‑1990 directing the State to give 50% of the agreed timber upon a bond, and listed the matter for hearing in May …

COLLECTOR OF CUSTOMS, BOMBAYversusBHARAT HEAVY ELECTRICALS LTD., NEW DELHI.

1992 INSC 219Dismissed

Bharat Heavy Electricals Ltd (BHEL) imported pressure gauges for steam turbines and paid basic customs duty of 40% under heading 90.24 and an auxiliary duty of 5%. BHEL claimed a refund of the auxiliary duty, invoking Notification No. 35/79 (exemption for parts of articles falling under heading …

AKHARA BRAHM BUTA, AMRITSARversusSTATE OF PUNJAB AND ANOTHER

1992 INSC 217Appeal(s) allowed

The appellant, Akhara Brahm Butha, entered into a compromise with the Improvement Trust, with the State of Punjab also a party, to exclude 12 kanals of land from a town‑improvement scheme and to receive compensation for the remaining land at a fixed rate. Although the collector awarded compensation …

P.V. MOHAMMAD BARMAY SONSversusDIRECTOR OF ENFORCEMENT

1992 INSC 215Dismissed

The firm P.V. Mohammad Barmay Sons owned three vessels and, without Reserve Bank of India permission, purchased and fitted foreign engines, contravening Sections 5(1)(a) and (b) of the Foreign Exchange Regulation Act, 1947. A raid in 1974 led to a notice, show‑cause proceedings and a penalty of Rs …

SAT PAL @ SADHUversusSTATE OF HARYANA AND ANR.

1992 INSC 210Dismissed

Sat Pal alias Sadhu, convicted under Section 302 IPC and sentenced to life imprisonment in 1978, filed a writ petition claiming his continued detention was illegal because he had served more than 14 years (including remission) and thus his sentence should be deemed commuted under Section 55 of the …

MOHAN PANDEY AND ANOTHERversusSMT. USHA RANI RAJGARIA AND ORS.

1992 INSC 211Appeal(s) allowed

The dispute involved a house in Delhi where the owner, Usha Rani Rajgaria, claimed that the appellants, Mohan Pandey and another, had illegally taken possession of part of the property and were trespassing. While a civil suit for eviction was already pending, the owner filed a writ petition under …

COCHIN SHIPPING CO. ETC. ETC.versusE.S.I. CORPORATION

1992 INSC 208Dismissed

Cochin Shipping Co., a company engaged in stevedoring, clearing and forwarding at Cochin Port, received a notice under the Employees' State Insurance Act, 1948 to pay contributions. The company contended that the Kerala Government's notification extending the Act to "shops" did not apply to it, …

OM PARKASH ETC. ETC.versusSTATE OF PUNJAB

1992 INSC 212Dismissed

The victim Rita was allegedly burnt alive by her husband Om Parkash, his parents Sheela Wanti and Rup Lal, and other relatives after they demanded dowry. Rita gave a detailed statement to the investigating officer after doctors confirmed she was conscious, which was later treated as a dying …

TEJ SINGH RAOversusSTATE OF MAHARASHTRA

1992 INSC 213Dismissed

Tej Singh Rao, a descendant of a Maratha general, held 294.61 acres in the former Nagpur State and claimed that the land was covered by a sovereign grant made by the ruler Raghoji II in 1793, which he argued was a legislative act protected by Article 372 of the Constitution and therefore exempt from …

THERMAX PRIVATE LIMITEDversusCOLLECTOR OF CUSTOMS (BOMBAY) NEW CUSTOMS HOUSE

1992 INSC 209Disposed off

Thermax Private Ltd imported chillers and paid customs duty and counter‑valing duty (CVD) but later claimed exemption from the CVD under Section 3(1) of the Customs Tariff Act, 1975, relying on notifications issued under Section 8 of the Central Excises & Salt Act, 1944. The Collector of Customs …

BIHAR STATE CO-OPERATIVE MARKETING UNION LTD.versusUMA SHANKAR SHARAN AND ANR.

1992 INSC 207Appeal(s) allowed

During the tenure of the depot manager, Uma Shankar, a shortage of coal was discovered and the Bihar State Co‑operative Marketing Union Ltd. claimed loss against him. The dispute was referred to the Assistant Registrar under Section 48 of the Bihar and Orissa Cooperative Societies Act, 1935, which …

RESERVE BANK OF INDIAversusS.S. INVESTMENTS AND ORS.

1992 INSC 205Appeal(s) allowed

The Reserve Bank of India (RBI) entered into a sale agreement with S.S. Investments that contained an arbitration clause. Two arbitrators – a former judge and a lawyer – were appointed but each issued a separate award, indicating a disagreement. The RBI sought to refer the matter to the appointed …

BHAGIRATHDANversusSTATE OF RAJASTHAN AND ORS.

1992 INSC 206Dismissed

The petitioners, two Assistant Mechanical Engineers, sought promotion to Deputy Drilling Engineer on the ground that their higher educational qualifications (degrees) satisfied the requirements of Entry 6 of the Rajasthan Mines and Geological Service Rules, 1960, which prescribed a diploma and five …

A.R. RANGAMANNAR NAJDUversusSUB COLLECTOR OF CHIDAMBARAM

1992 INSC 204Appeal(s) allowed

Ten acres of land belonging to the appellant were acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation at Rs.1.01 per square foot, which was enhanced to Rs.2.25 per square foot by a reference court under Section 18 of the Act. The State appealed, …

D.K. SAHNIversusMANAGING DIRECTOR, MANGANESE ORE INDIA LTD. AND ORS.

1992 INSC 202Disposed off

The appellant, D.K. Sahni, joined Manganese Ore (India) Ltd. in 1966 and was promoted to Chief Mining Engineer in 1980, later to Deputy General Manager and General Manager (T). Superseded officers challenged his promotions, arguing he lacked the educational qualifications prescribed for the Chief …

UNION OF INDIA AND ORS.versusSURYA PHOSPHATE LIMITED AND ANR.

1992 INSC 203Appeal(s) allowed

The case concerned the interpretation of a circular dated 19 June 1982 issued by the Fertilizer Industry Coordination Committee (FICC) regarding the payment of a differential subsidy for Single Super Phosphate (SSP). Surya Phosphate Ltd. argued that the circular promised a subsidy based on the …

STATE OF HARYANA AND ORS. ETC.ETC.versusPIARA SINGH AND ORS. ETC. ETC.

1992 INSC 201Disposed off

The Supreme Court heard appeals by the States of Punjab and Haryana against a Punjab‑Haryana High Court judgment that ordered the regularisation of large numbers of ad‑hoc, temporary, work‑charged, daily‑wage and casual labour employees. The petitioners argued that the High Court had exceeded its …

R.M. GURJAR AND ANR.versusHIGH COURT OF GUJARAT AND ORS.

1992 INSC 200Dismissed

Two junior clerks in the Gujarat civil courts, R.M. Gurjar and D.N. Jadhav, were found to have falsely identified three persons before a magistrate and admitted the charge. The District Judge, as disciplinary authority under Gujarat Civil Services (Discipline & Appeal) Rules, 1971, imposed a …

B. LAKSHMIPATHI NAIDUversusDISTT. EDUCATIONAL OFFICER AND ORS.

1992 INSC 197Appeal(s) allowed

Lakshmipathi Naidu, a Telugu Pandit since 1975, obtained a B.Ed. in 1983 and applied for a Head Master vacancy in 1986. The Special Rules for the Tamil Nadu Higher Secondary Educational Service required ten years of experience as a B.T. Assistant or Pandit after obtaining a teaching degree, leading …

GURUPUTRAPPA MALLAPPA HARKUNI ETC. ETCversusTAHSILDAR AND ORS. ETC. ETC.

1992 INSC 198Dismissed

The appellant purchased 5 acres of land that had been regranted to a watan land‑holder in 1968, who had obtained a sanction to alienate the land under Section 5(3) of the Karnataka Village Offices Abolition Act, 1961. In 1978 the Act was amended (Act 13 of 1978) to prohibit the transfer of any …

STATE OF MAHARASHTRAversusVIKAS SAHEBRAO ROUNDALE AND ORS.

1992 INSC 199

The respondents were admitted to a D.Ed. course in an unrecognised institution and sought a writ directing the State of Maharashtra to allow them to sit for the public examination. The Bombay High Court ordered the State to permit the students to appear and, after passing, to allocate them seats in …

CHETAR SEN JAINversusADDL. DISTRICT JUDGE III, DEHRADUN AND ORS.

1992 INSC 196Appeal(s) allowed

The appellant, Chetar Sen Jain, had taken a lease of premises in 1958 and continued possession, first as a residence and later as a godown under a fresh oral lease in 1971. In 1982 the landlord alleged a "deemed vacancy" and sought allotment of the premises under Section 12(3) of the U.P. Urban …

STATE OF RAJASTHAN AND ORS. ETC. ETC.versusKISHAN SINGH ETC. ETC.

1992 INSC 194Appeal(s) allowed

The State of Rajasthan issued a notification on 30 May 1978 under Section 2(i)(a) of the Rajasthan Colonisation Act, 1954, appointing all Colonisation Tehsildars to perform the functions and exercise the powers of the Collector under Section 22 of the same Act. The Tehsildars used this authority to …

MOHAN RAWALEversusDAMODAR TATYABA@ DADASAHEB AND ORS.

1992 INSC 195Disposed off

The respondent, defeated in the 1991 Lok Sabha election, filed an election petition alleging corrupt practices under Sections 123(2), 123(3) and 123(3A) of the Representation of People Act, 1951. The appellant sought dismissal on three grounds: (i) the alleged corrupt acts occurred before he was a …

DARSHAN LAL MEHRA AND 23 OTHERSversusUNION OF INDIA AND OTHERS

1992 INSC 191Dismissed

The petitioners, owners of cinema halls in Lucknow, challenged the theatre tax imposed by the Lucknow Nagar Mahapalika under Sections 172 and 2(77) of the U.P. Nagar Mahapalika Adhiniyam, 1959, arguing that the statute unlawfully delegated legislative power to the Mahapalika and that the …

DIRECTOR, INSTITUTE OF MANAGEMENT DEVELOPMENTversusSMT. PUSHPA SRIVASTAVA

1992 INSC 189Disposed off

The respondent was repeatedly appointed on an ad‑hoc contractual basis for limited periods at the Institute of Management Development. After a committee recommended abolition of redundant posts, the institute abolished her post, and the High Court ordered her reinstatement and regularisation. The …

S. GANAPATHRAJ SURANA AND ORS. ETC. ETC.versusSTATE OF TAMIL NADU ETC. ETC.

1992 INSC 190Dismissed

The Supreme Court examined challenges to the Tamil Nadu Debt Relief Act, 1980 and the Karnataka Debt Relief Act, 1976, which provide relief of agricultural indebtedness to small farmers, landless labourers and weaker sections. Money lenders and pawn‑brokers contended that the statutes were beyond …

MISS MOHINI JAINversusSTATE OF KARNATAKA AND ORS.

1992 INSC 186Case Partly allowed

Miss Mohini Jain, an Indian student from outside Karnataka, was denied admission to a private medical college after she could not pay a Rs.60,000 annual fee, which she alleged to be a capitation fee. She filed a writ petition under Article 32 challenging the Karnataka Government's 1989 notification …

OMBIR SINGH AND OTHERS ETC. ETC.versusSTATE OF U.P. AND ANOTHER ETC. ETC.

1992 INSC 188Dismissed

The petitioners, doctors who had passed MBBS, challenged the Uttar Pradesh government's rule that required a minimum of 50% marks for general candidates and 40% for SC/ST candidates in the Post‑Graduate Medical Entrance Examination (PGMEE) 1992. They argued that the rule left 217 of 535 seats vacant …

S. RAJANversusSTATE OF KERALA AND ANOTHER

1992 INSC 185Dismissed

The appellant, a contractor, entered into a 1966 agreement with the State of Kerala to complete work within ten months, but failed to do so and the contract was terminated in 1968. The State served a demand notice under the Revenue Recovery Act on 30 May 1974, which the appellant contested by a writ …

GANGABAI CHARITIESversusCOMMISSIONER OF INCOME-TAX AND ANR.

1992 INSC 183Dismissed

The Supreme Court examined whether the income of Ganga Bai Charities, a trust that owned a building let out as a marriage hall and operated a printing press, qualified for exemption under Section 11(l)(a) of the Income Tax Act, 1961. The trust argued that its income was wholly applied to religious, …

STATE OF PUNJAB AND ORS.versusRAM SINGH EX. CONSTABLE

1992 INSC 182Appeal(s) allowed

Ram Singh, a gunman in the Punjab Police, was dismissed after being found heavily drunk on duty, roaming the bus stand with his service revolver and abusing a medical officer. He challenged the dismissal, claiming it violated natural justice and that the conduct did not amount to "gravest …

JIVENDRA NATH KAUL ETC.versusTHE COLLECTOR/DISTRICT MAGISTRATE AND ANR ETC.

1992 INSC 184Dismissed

J.N. Kaul, elected president of the Zilla Parishad, Lucknow, was removed after a no‑confidence motion was passed. Kaul challenged the validity of the motion, arguing that two nominated members were disqualified as they held offices of profit and that the phrase "for the time being" in Section 28(11) …

LIFE INSURANCE CORPN. OF INDIA AND ORS. ETC.versusPROF. MANUBHAI D. SHAH ETC. ETC.

1992 INSC 181Dismissed

The petitioners, Life Insurance Corporation of India (LIC) and Doordarshan, appealed against High Court orders directing LIC to publish a rejoinder to a criticism of its premium policy in its magazine and directing Doordarshan to telecast a documentary on the Bhopal gas disaster. The issues were …

ARVIND MILLS LTD.versusCOMMISSIONER OF INCOME TAX, GUJARAT

1992 INSC 176Dismissed

Arvind Mills Ltd., a textile mill, paid betterment charges under the Bombay Town Planning Act, 1954 as part of a town‑planning scheme and claimed a deduction under Section 37 of the Income Tax Act, 1961, arguing that the payment was a revenue expense. The Income Tax Officer disallowed the deduction; …

DR. L.P. AGARWALversusUNION OF INDIA AND ORS

1992 INSC 177Appeal(s) allowed

Dr. L.P. Agarwal was appointed Director of AIIMS for a five‑year term or until he turned 62, whichever came first, and was confirmed in the post in February 1980. In November 1980 the Institute‑Body retired him immediately in the public interest, paying three months' salary in lieu of notice. He …

STATE OF KARNATAKAversusLAKSHMANAIAH

1992 INSC 178Appeal(s) allowed

Lakshmanaiah was charged with murdering his wife Nagarathnamma and with theft of his mother‑in‑law's property. The prosecution relied on circumstantial evidence showing a motive of money, prior maltreatment of the wife, and that the accused sent the mother‑in‑law, her daughter and a relative out of …

STATE OF TAMIL NADUversusPK. SHAMSUDEEN

1992 INSC 179Appeal(s) allowed

The State of Tamil Nadu issued a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Sheik Ahamed Hajee on 8 March 1988. The detenu challenged the order in the Calcutta High Court on 5 April 1989, obtaining an interim injunction that …

MANI RAM AND ANR.versusHARI SINGH AND ORS.

1992 INSC 180Dismissed

In Mani Ram & Anr. v. Hari Singh & Ors., the Supreme Court examined applications filed under Order 22 Rules 3 and 9 of the Code of Civil Procedure, read with Section 151, seeking to bring the legal representatives of a deceased appellant on record in a regular second appeal. The Punjab & Haryana …

MANGALBHAI AND ORS.versusDR. RADHYSHYAM S/0 PARISCHANDRA AGARWAL

1992 INSC 174Disposed off

The landlord, Dr. Radhyshyam, sought eviction of the tenants Mangalbhai and others under Clause 13(3)(ii) and (vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, alleging habitual rent arrears and a bona‑fide need for the premises. The Rent Controller and Resident Deputy …

P.A. OOMMENversusMORAN MAR BASELIUS MARTHOMA

1992 INSC 175Dismissed

The appellant, a plaintiff in a suit that was tried together with another suit and dismissed by a common judgment, filed an appeal in the High Court accompanied by a printed copy of the judgment but not a certified copy. He argued that the time taken by the other plaintiffs to obtain a certified …

STATE OF MAHARASHTRA ETC. ETC.versusSUKHDEO SINGH AND ANR. ETC .. ETC.

1992 INSC 173Disposed off

The State of Maharashtra prosecuted Sukhdev Singh (Accused No.1) and Harjinder Singh Jinda (Accused No.5) for the murder of retired General Vaidya under the IPC and TADA. The trial court convicted both of murder (IPC ss.302, 307, 34) and sentenced them to death, relying on eyewitness identification, …

MOHAN LAL TRIPATHIversusDISTRICT MAGISTRATE, RAE BAREILLY AND ORS.

1992 INSC 166Dismissed

Mohan Lal Tripathi, who was directly elected President of the Rae Bareilly City Municipal Board, challenged a no‑confidence motion passed by the Board under Sections 87‑A and 47‑A of the Uttar Pradesh Municipalities Act, 1916. He argued that a President elected by the entire electorate could not be …

M.C. MEHTA ETC. ETC.versusUNION OF INDIA AND OTHERS ETC. ETC.

1992 INSC 167Hearing Adjourned

The Supreme Court entertained writ petitions filed by environmental activist M.C. Mehta under Article 32, seeking relief from severe air pollution caused by mechanical stone crushers operating in Delhi and adjoining areas of Haryana. The petitioners alleged that the stone‑dust and smoke emitted by …

P.K. GOEL AND ORS.versusU.P. MEDICAL COUNCIL AND ORS.

1992 INSC 168Appeal(s) allowed

A combined entrance examination was conducted by Lucknow University for admission to postgraduate medical courses in seven medical colleges in Uttar Pradesh. The university's guidelines (clause G(ii)) required a separate merit list for each college based on institutional candidates, which the …

P.M.C. KUNHIRAMAN NAIRversusC.R. NAGANATHA IYER AND ORS.

1992 INSC 169Appeal(s) allowed

The appellant, Kunhiraman Nair, claimed possession of land, building and mills after a series of agreements that transferred management and lease rights to him. The respondents, originally lessees of the property, entered into a March 22, 1955 agreement with T.M. Rama Iyer, surrendering their …

PATEL NARANBHAI MARGHABHAI AND ORS.versusDECEASED DHULABHAI GALBABHAI AND ORS.

1992 INSC 170Dismissed

The mortgagor, an agriculturist, hypothecated two parcels of land to a mortgagee under the Bombay Agricultural Debtors Relief Act, 1947. After default, the mortgagee obtained an execution and, although a compromise discharged the debt, it retained possession of the lands. The mortgagor’s …

POOLPANDI ETC. ETC.versusSUPERINTENDENT, CENTRAL EXCISE AND OTHERS ETC. ETC.

1992 INSC 159Disposed off

The Supreme Court examined whether a person questioned under the Customs Act, 1962 or the Foreign Exchange Regulation Act, 1973 is entitled to the assistance of a lawyer. The petitioners argued that denial of counsel violated Article 20(3) and Article 21 of the Constitution, while the Department …

UNION OF INDIA AND ANOTHERversusLT. COL. KOMAL CHARAN AND ORS.

1992 INSC 163Appeal(s) allowed

The respondents, former armed forces personnel, were re‑employed as whole‑time officers in the National Cadet Corps (NCC) and were granted permanent commissions under a Government order dated 23 May 1980, which fixed their retirement age at 55 (extendable to 57). They later sought to remain in …