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Judgments of 1993

397 judgments · newest first · showing 1–200

HARJIT SINGH AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 395Appeal(s) allowed

The petitioners, Sikh victims of the November 1984 riots, had received loans from nationalised banks that were promised to be converted into grants, but the banks later began recovery proceedings. They argued that the right to livelihood under Article 21 of the Constitution barred such recovery and …

MR. JOHN D'SOUZAversusEDWARD ANI

1993 INSC 396Dismissed

Advocate John D'Souza drafted a will for his mother‑in‑law, Mrs Mary Raymond, and kept the original in his safe custody after issuing a receipt. After the testatrix died, the new lawyer and later the respondent, Edward Ani (the son‑in‑law and executor), wrote letters demanding the return of the …

AMRIK SINGH, SATNAM SINGH AND ANR.versusTHE STATE OF RAJASTHAN

1993 INSC 397Dismissed

The Supreme Court examined appeals by Amrik Singh, Satnam Singh and Mohar Singh against convictions for murder and attempted murder arising from a 1976 shooting that killed Satveer and Lal Chand and injured others. The sole surviving eye‑witness, Trilok Kumar, who was critically injured, identified …

HINDALCO INDUSTRLES LTD.versusUNION OF INDIA AND ORS.

1993 INSC 391Dismissed

Hindalco Industries Ltd. complained that the Indian Railways continued to levy freight charges based on an inflated distance of 714 km even after a new line reduced the actual distance to 568 km. The company filed a complaint under Section 36(b) of the Railways Act, 1989 seeking a declaration that …

STATE OF KARNATKAversusKRISHNAJI SRINIVAS KULKARNI AND ORS.

1993 INSC 392Appeal(s) allowed

The respondents, owners of agricultural lands in Bijapur district, had leased the lands to M/s Sugarcane Products and Industries Ltd. for 30 years, a lease that expired on 31 March 1973 but the company continued to occupy the land. After the Karnataka Land Reforms Act, 1961 was amended in 1974, …

BRIJ MOHAN AND ORS.versusSTATE OF RAJASTHAN

1993 INSC 393Dismissed

The case involved an armed robbery and dacoity at night in a village where four persons were killed. Six accused were arrested after an encounter and, within 24 hours, a test identification was conducted before a Judicial Magistrate, resulting in eleven eyewitnesses positively identifying the …

BHALINDER SINGH @ RAJUversusSTATE OF PUNJAB

1993 INSC 394Appeal(s) allowed

Bhalinder Singh was convicted of murder, kidnapping and abetment of suicide based solely on circumstantial evidence, including a claim that he was last seen with the deceased, the recovery of the victim's shoes, an extra‑judicial confession to the village sarpanch, and a false explanation to the …

PRAKASH CHAND SACHDEVAversusSTATE AND ANOTHER

1993 INSC 389Appeal(s) allowed

The appellant, a retired engineer, claimed possession of an independent portion of a house that he and his son co‑owned. He filed criminal proceedings under Sections 107 and 145 of the Criminal Procedure Code and also a civil suit for an injunction. The Section 107 proceedings were dropped, and the …

T.V. NATARAJ AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1993 INSC 390Dismissed

The appellants, holders of inter‑state stage‑carriage permits between Karnataka and Tamil Nadu, had their permits cancelled after the Anekal Pocket Scheme of 1959 was notified under Section 68‑C of the Motor Vehicles Act, 1939, which excluded private operators from certain routes. They contended …

SARASWATI AND ORS.versusLACHANNA (DEAD) THROUGH LRS.

1993 INSC 387Dismissed

Saraswati and others filed a suit in a civil court for redemption of a mortgage on agricultural land, alleging that the mortgagee (the father of the original defendant) had taken possession and refused to surrender it. The defendants contended that the civil court lacked jurisdiction under Section …

ENGLISH MEDIUM STUDENTS PARENT ASSOCIATIONversusSTATE OF KARNATAKA AND ORS.

1993 INSC 388Dismissed

The Supreme Court examined a writ petition challenging Karnataka's Government Order No. 87 PRU SE BHA 88, which mandated mother‑tongue as the medium of instruction in classes I‑IV and made Kannada optional from class III for non‑Kannada speakers, with Kannada becoming a compulsory second language …

INDIAN OIL CORPORATIONversusCONSUMER PROTECTION COUNCIL, KERALA AND ANR.

1993 INSC 383

Dr. P. Kamalasanan obtained an LPG connection through Karthika Gas Agency, an authorized distributor of Indian Oil Corporation, but did not receive a subscription voucher. When he sought regularisation of the connection, the corporation refused, prompting a complaint before the Consumer Redressal …

JAENENDRA KUMAR PHOOLCHAND DAFTARIversusRAJENDRA RAMSUKH MISHRA

1993 INSC 384

The appellant, J.P. Daftari, was elected Sarpanch of Seloo Gram Panchayat by secret ballot, but the election was set aside by the Collector because no member had demanded a secret ballot, as required by Rule 10(2) of the Bombay Village Panchayat (Sarpanch and Upa‑Sarpanch) Election Rules, 1964. The …

J. & K. PUBLIC SERVICE COMMISSION, ETC.versusDR. NARINDER MOHAN AND ORS. ETC. ETC.

1993 INSC 385Appeal(s) allowed

The Supreme Court examined the appointments of six doctors as ad‑hoc lecturers under the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. The State Government had relaxed the recruitment rules to regularise two of them and the High Court quashed all appointments, …

M. JANARDHAN AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1993 INSC 379Appeal(s) allowed

The appellants, who were temporarily appointed as Health Inspectors between 1958 and 1962, challenged the Andhra Pradesh Government's order that retrospectively regularised the services of temporary promotee Health Inspectors (respondents No. 4‑121) under Rule 37(e) of the Public Health Subordinate …

SHRI DEVENDRA MANAGEMENT TRAINEES AND ORS.versusPUNJAB NATIONAL BANK

1993 INSC 380Dismissed

The appellants, members of Scheduled Castes and Scheduled Tribes employed in the clerical cadre of Punjab National Bank, were selected as Management Trainees on the condition of two years of training and subsequent confirmation based on a bank test and examination. While they were on training, the …

STATE OF PUNJAB AND ORS.versusRENUKA SINGLA AND ORS.

1993 INSC 381

The State of Punjab appealed against a Punjab High Court order that admitted Renuka Singla to a vacant B.D.S. seat on "compassionate ground" and created an additional seat for Savita Gera, both claiming reservation for backward areas. Renuka had not claimed reservation in her original application …

S.K. SAHA AND ANR. ETC.versusPREM PRAKASH AGARWAL AND ORS. ETC.

1993 INSC 377

The appellant was initially appointed on a one‑year contract as Foreman in a state‑run Cycle Parts Factory in 1957, with his contract repeatedly extended. In 1960 he was appointed as Foreman Class‑II with retrospective seniority dated 4‑Jan‑1957, although the post became gazetted only in 1959 and …

SAURASHTRA CEMENT AND CHEMICAL INDUSTRIES LIMITEDversusTHE UNION OF INDIA AND ANR.

1993 INSC 378Dismissed

Saurashtra Cement and Chemical Industries Ltd, a cement manufacturer, held a mining lease for limestone and was required to pay royalty as per the Second Schedule of the Mines and Minerals (Regulation and Development) Act, 1957. The Central Government issued several notifications under Section 9(3) …

GADAKH YASHWANTRAO KANKARRAOversusE.V. ALIAS BALASAHEB VIKHE PATIL AND ORS.

1993 INSC 373Disposed off

The Supreme Court examined an election petition challenging the Lok Sabha election of Gadakh Yashwantrao Kankarrao from Ahmednagar on the ground that he had committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951. The petition alleged that Gadakh and the then …

V. BHAGATversusMRS. D. BHAGAT

1993 INSC 374

The husband, a Supreme Court advocate, filed a divorce petition on the ground of adultery, which the wife denied and countered by alleging his mental instability. He later amended the petition to include mental cruelty, relying on the wife's written statements that labeled him a lunatic and on …

SRI AMIR AHMAD AND ORS.versusRAM NIWAS AGRAWAL AND ORS.

1993 INSC 376Appeal(s) allowed

The case concerned a motion of no‑confidence against the President of the Nagar Palika, Sultanpur. The meeting was presided over by an Additional Civil Judge and the votes of seventeen members (including three nominated members who had not taken the oath of allegiance) were in favour, while the …

SMT. RENU MULLICKversusUNION OF INDIA AND ANR.

1993 INSC 375

Ms. Renu Mullick joined the Central Excise and Customs as a Lower Division Clerk in 1974, was promoted to Upper Division Clerk, and on her own request transferred to the Allahabad Collectorate in 1987 where she was placed at the bottom of the seniority list as per the 1980 executive instructions. In …

STATE OF RAJASTHAN AND ORS. ETC. ETC.versusSHRI SHYAM LAL JOSHI AND ORS. ETC. ETC.

1993 INSC 368Disposed off

The petitioners, holders of National Trade Certificates (NTC), claimed that the State of Rajasthan's recognition of NTC as equivalent to the Basic School Training Certificate (BSTC) entitled them to appointment as primary school teachers in Panchayat Samiti schools. The High Court had allowed this …

UNION OF INDIAversusKOLLUNI RAMAIAH AND ORS.

1993 INSC 369

The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator …

SECRETARY TO THE GOVERNMENT OF ORISSAversusLAXMIKANTE NANDA AND ORS.

1993 INSC 371

The Government of Orissa issued a resolution on 15 December 1986 revising the eligibility criteria for promotion to Deputy Director of Homeopathy, eliminating the requirement of a recognised qualification under the Homeopathy Central Council Act and excluding college lecturers from consideration, …

R. VIJAY KUMAR AND ORS.versusTHE COMMISSIONER OF EXCISE AND ORS.

1993 INSC 364Appeal(s) allowed

The appellants, owners of hotels and restaurants in Kerala, were granted FL‑3 foreign liquor licences under Rule 13(3) of the Kerala Foreign Liquor Rules, 1974, for the financial year 1992‑93. A government order dated 9 November 1992 cancelled all such licences for that year, and the licences were …

LUCKNOW DEVELOPMENT AUTHORITYversusM.K. GUPTA

1993 INSC 365

The Lucknow Development Authority (LDA) developed a housing scheme and allotted a flat to M.K. Gupta, who paid the full price but was not given possession because construction was incomplete. Gupta filed a complaint before the District Forum under the Consumer Protection Act, 1986, alleging …

GUJARAT HOUSING BOARD ENGINEERS ASSOCIATION AND ANR.versusSTATE OF GUJARAT AND ORS.

1993 INSC 363Appeal(s) allowed

The Gujarat Housing Board Engineers Association and certain board employees challenged a direction from the Gujarat State Government that the Board appoint an officer from the State's Building and Communication Department on deputation to the post of Assistant Housing Commissioner (Technical). The …

DR. S.K. KHANNA AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS. ETC. ETC.

1993 INSC 366

The plaintiffs, originally appointed as Lecturers in a private college that was later taken over by the Haryana Government, claimed they had been promoted to Senior Lecturers under the UGC scheme and that the Government’s regularisation of them as Lecturers amounted to a demotion. The Court examined …

THE CHANCELLOR AND ANR.versusDR. BIJYANANDA KAR AND ORS.

1993 INSC 362

Utkal University advertised for a Professor of Philosophy and a Selection Committee, constituted under Section 21(2) of the Orissa Universities Act, 1989, unanimously recommended Dr. Prafulla Kumar Mohapatra for the post. After the recommendation, three expert members of the Committee sent letters …

WELLMAN (INDIA) PVT. LTD.versusTHE EMPLOYEES STATE INSURANCE CORPORATION

1993 INSC 360

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation …

COMMISSIONER OF INCOME TAXversusRAM KUMAR AGGARWAL AND BROS.

1993 INSC 354

The assessee, a partnership firm dealing in shares, bought all equity shares of a company in 1945 and treated those shares as stock-in-trade for tax purposes. When the company was liquidated, the liquidator distributed a surplus to the shareholders, and the assessee received Rs. 32,25,550. The …

H.H. SIR RAMA VARMA (DEAD) BY L.RS.versusCOMMISSIONER OF INCOME-TAX, KERALA

1993 INSC 355Dismissed

The assessee earned long‑term capital gains in the accounting year relevant to AY 1970‑71 and had a carried‑forward long‑term capital loss from earlier years. He claimed a deduction under Section 80T of the Income‑Tax Act on the basis that the deduction should be computed on the gross capital gains …

STATE OF HARYANA AND ANR.versusMANOJ KUMAR AND ANR.

1993 INSC 356

The State of Haryana prosecuted Manoj Kumar for the death of Chetan, alleging that Kumar repeatedly pursued the brothers on a motorcycle and deliberately ran Chetan over with his car, causing fatal injuries. The sole eye‑witness, Rohan, the victim’s brother, testified to the entire sequence of …

STATE OF KERALAversusJOSEPH ANTONY

1993 INSC 357

The State of Kerala issued notifications under the Kerala Marine Fishing Regulation Act, 1980 prohibiting the use of mechanised fishing gears such as purse seine, ring seine, pelagic and mid‑water trawl within its territorial waters. The High Court struck down the ban beyond 10 km as an unreasonable …

SHRI GOVIND PRASADversusSH. R.G. PRASAD AND ORS.

1993 INSC 358Disposed off

The case concerned promotion of Junior Engineers in the Electrical and Mechanical wings of the Uttar Pradesh Public Works Department to the post of Assistant Engineer. The State Government had issued an office memorandum on 7 January 1980 reducing the service‑experience requirement from ten to seven …

JOGINDER SINGH WASUversusTHE STATE OF PUNJAB

1993 INSC 352

Joginder Singh Wasu, the Advocate General of Punjab, was appointed under a 1953 notification fixing his fee at Rs 100 per civil writ or letters‑patent appeal. In 1975 the State issued an amendment reducing fees for batch cases and capping total fees at Rs 1,000. Wasu protested, submitted bills based …

K.P. TIWARIversusSTATE OF MADHYA PRADESH

1993 INSC 353

The petitioner, Additional Sessions Judge K.P. Tiwari, granted temporary and permanent bail to five accused persons despite having rejected their bail applications on merit. The High Court cancelled the bail orders and, in its judgment, alleged that the judge was "interested" and had been "won over" …

ANZAR AHMEDversusSTATE OF BIHAR AND ORS.

1993 INSC 346

The Bihar Government requisitioned the State Public Service Commission to fill vacant Unani Medical Officer posts and, in the absence of specific rules, directed that selection be made solely on interview. The Commission, following its long‑standing practice, allocated 50% of the total marks to …

UNION OF INDIAversusS. DHARMALINGAM

1993 INSC 347Dismissed

The respondent, S. Dharmalingam, served as an Investigator from 1956 to 1960 and was later appointed Labour Officer by direct recruitment in 1960, retiring in 1985. He claimed an addition to his qualifying service under Rule 30(1) of the Central Civil Services (Pension) Rules, 1972, which the …

THE ENTERTAINMENT TAX OFFICERversusAMBAE PICTURE PALACE

1993 INSC 348

The Andhra Pradesh Entertainment Tax Officer appealed against a High Court order that struck down the retrospective operation of the Andhra Pradesh Entertainment Tax (Amendment) Act, 1985, which re‑imposed tax on the basis of gross collection capacity for the period 7 September 1984 to 24 October …

EMPLOYEES STATE INSURANCE CORPORATIONversusR.K. SWAMY AND ORS. ETC.

1993 INSC 349Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) issued a notification under Section 1(5) of the Employees' State Insurance Act, 1948 extending the Act to "shops" and claimed that advertising agencies and a steamship company fell within this category. The agencies contested, arguing that their …

THE RUBY SALES AND SERVICES (P) LTD. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 350

The appellants challenged the liability to pay stamp duty on a consent decree that transferred title to immovable property. The issue was whether such a decree qualifies as a "conveyance" under section 2(g) or an "instrument" under section 2(1) of the Bombay Stamps Act, 1958. The High Court’s single …

RAGHU SEEDS AND FARMS AND OTHERS ETC.versusTHE UNION OF INDIA AND ORS. ETC.

1993 INSC 351

The petitioners challenged the validity of the Central Government's notification dated 24 February 1983 declaring seeds of food‑crops, fruits and vegetables as essential commodities under the Essential Commodities Act, 1955, and the consequent Seeds (Control) Order, 1983 which required licences for …

NATHU RAMversusSTATE OF HARYANA

1993 INSC 343Dismissed

The appellant, Nathu Ram, was accused along with a private doctor of attempting to rape the daughter‑in‑law of the complainant while she lay unconscious in the doctor's clinic. The complainant (PW8) testified that the doctor was naked and the appellant was scantily dressed when he entered with hot …

S.P. CHENGALVARAYA NAIDU (DEAD) BY L.RS.versusJAGANNATH (DEAD) BY L.RS. AND ORS

1993 INSC 344

Jagannath, acting as a clerk for Chunilal Sowcar, purchased property at a court auction on behalf of his master and later executed a registered release deed relinquishing all his rights to the property. Despite this, he filed a partition suit claiming ownership and obtained a preliminary decree, …

SURJIT KAURversusGARJA SINGH AND ORS.

1993 INSC 345

The plaintiffs, heirs of the deceased Gulaba Singh, sued Surjit Kaur for possession of his property, claiming they were the nearest heirs under a will. Surjit Kaur counter‑claimed that she was Gulaba Singh's legally wedded wife under a Karewa form of marriage and that they lived as husband and wife. …

RENUSAGAR POWER CO. LTD. ETC.versusGENERAL ELECTRIC CO. ETC.

1993 INSC 342Dismissed

Renusagar Power Co. entered into a contract with General Electric for the supply of equipment for a power plant, which later gave rise to disputes and an ICC arbitration. The arbitral tribunal awarded US$12,215,622.14, including regular interest, delinquent interest, compensatory damages, and costs. …

SVENSKA HANDELSBANKENversusMIS INDIAN CHARGE CHROME AND ORS.

1993 INSC 336Appeal(s) allowed

The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the …

CENTRAL BOARD OF SECONDARY EDUCATIONversusMS. VINEETA MAHAJAN AND ANR.

1993 INSC 339Appeal(s) allowed

Ms. Vineeta Mahajan appeared for a CBSE Class XII examination and was found by the invigilator in possession of three small pieces of paper in her pencil box. She claimed the papers were not used and that she had arrived late and forgotten to remove them. The CBSE Result Committee, invoking Rule …

THE C.L.T., GUJARAT-I, AHMEDABADversusTHE AHMEDABAD COTTON MFG. CO. LTD. & ORS.

1993 INSC 340

The assessee, a cotton textile manufacturer, paid amounts to the Textile Commissioner under Clause 21‑C(1)(b) of the Cotton Textiles (Control) Order, 1948, in lieu of producing the minimum required cloth, and also paid a sum for non‑fulfilment of an export obligation under a bond. The assessee …

MALA SINGHversusTHE FINANCIAL COMMISSIONER AND OTHERS

1993 INSC 341

Mala Singh, a long‑time tenant, occupied land owned by Kishan Dutt, a big land‑owner under the Punjab Security of Land Tenures Act, 1953. The land was declared surplus and later reserved as the tenant's permissible area, after which Kishan Dutt died and his heirs claimed to be small land‑owners. …

UNION OF INDIA AND ANR.versusAMRIK SINGH AND ORS.

1993 INSC 333Appeal(s) allowed

The Supreme Court examined whether the administrative instructions issued by the Comptroller and Auditor General (CAG) on 21 March 1978, which prescribed a minimum period of service for Section Officers to be eligible for promotion to Accounts Officer, were inconsistent with the Indian Audit & …

STATE OF ORISSAversusMD. FAKIRUDDIN AND DR. (MRS.) GIRISHABALA MOHANTY

1993 INSC 334Appeal(s) allowed

The case concerned the appointment of the Director, Higher Education in Orissa under the Education Service Rules. The 1990 rules required three years' service as Principal (Grade‑I) and allowed relaxation if insufficient candidates were available. The 1992 amendment introduced a non‑obstante …

MODI INDUSTRIES LTD.versusSTATE OF UTTAR PRADESH AND ORS.

1993 INSC 335Appeal(s) allowed

Modi Industries Ltd. (the appellant) operated a manufacturing unit where a dispute between management and trade unions led to a halt in production from 21 December 1990 to 3 March 1991. The company refused to pay wages for this period, prompting the Additional Labour Commissioner to issue a notice …

PRINTERS HOUSE PVT. LTD.versusMST. SAIDAN(DECEASED) BY L.R.

1993 INSC 332Disposed off

The Supreme Court examined compensation for several plots of land acquired for a printing‑machinery factory. The lands, owned by three different claimants, differed in location, size and shape. The Land Acquisition Officer and the Punjab‑Haryana High Court had fixed a uniform market‑value rate per …

STATE OF BIHAR AND ANR.versusMADAN MOHAN SINGH AND ORS.

1993 INSC 330Appeal(s) allowed

The Bihar Government advertised for 32 Additional District and Sessions Judge vacancies and selected 32 candidates from a merit list of 129. The Patna High Court, relying on a resolution, held that the remaining candidates should be considered for future vacancies and directed the State to fill …

STATE OF WEST BENGALversusNATIONAL BUILDERS

1993 INSC 331Dismissed

The State of West Bengal (Public Works Department) and National Builders disputed a claim arising from the construction of a 250‑bed hospital. Clause 25 of their contract appointed the Chief Engineer as sole arbitrator, who in turn nominated a Superintending Engineer. After 59 sittings the …

LAXMI BAI SADASHIV DATEversusANNAPPA SIDAPPA NARGUDE & ORS.

1993 INSC 327Appeal(s) allowed

The appellant, a landlady, sought determination of reasonable rent under Section 43-B of the Bombay Tenancy and Agricultural Land Act, 1948, alleging that the contractual rent was inadequate. The respondents, tenants, contended that they became absolute owners of the land on the tiller's day (1 …

DEVI SINGHversusBOARD OF REVENUE FOR RAJASTHAN AND ORS.

1993 INSC 328Appeal(s) allowed

Five suits were filed by appellants seeking declaration that they became Khatedars under Section 5(4) of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, based on possession evidenced by jamabandi records. The closest jamabandi to the abolition date was not produced, and oral evidence was …

ROSILINE GEORGEversusUOI & ORS.

1993 INSC 323Dismissed

George Kutty Kuncheria, an Indian citizen, was arrested in Kerala following a U.S. request for his extradition on charges of embezzlement and related offences. The United States supplied authenticated documents, and the Indian Government ordered a magisterial inquiry under the Extradition Act, 1962. …

JODHA RAM (DEAD) BY LRS.versusFINANCIAL COMMISSIONER, HARYANA AND ORS.

1993 INSC 324Dismissed

Jodha Ram, a small landowner, sought eviction of tenants Loti Ram and Rup Ram under Section 9(1)(i) of the Punjab Security of Land Tenures Act, 1953, claiming his title remained despite the land being declared surplus. The Collector and higher authorities rejected his claim, holding that surplus …

BAKSHISH SINGHversusM/S DARSHAN ENGINEERING WORKS & ORS.

1993 INSC 325Appeal(s) allowed

Bakshish Singh, a fitter, resigned after more than ten years of service and claimed gratuity under Section 4(1)(b) of the Payment of Gratuity Act, 1972. The Controlling Authority awarded him gratuity, but the employer challenged the award, and the High Court struck down Section 4(1)(b) as an …

ANIL KUMAR SAWHNEYversusGULSHAN RAI

1993 INSC 326Appeal(s) allowed

Anil Kumar Sawhney and Gulshan Rai, shareholders of a private company, settled a dispute by a deed of compromise wherein Sawhney would transfer his shares to Rai for Rs.10 lakh payable by eight post‑dated cheques. Several of those cheques, dated in 1991, were later returned unpaid with the …

TMA PAI FOUNDATION AND ORS.versusSTATE OF KARNATAKA AND ORS.

1993 INSC 320Disposed off

The Supreme Court was asked to resolve the impasse over admission and fee structures in private professional colleges after the Government of India had permitted admission of foreign students up to 50% of seats. The Court held that, in view of the J.P. Unnikrishnan judgment, such permission could …

D. DEVAJIversusK. SUDARSHANA RAO

1993 INSC 321Appeal(s) allowed

The landlord K. Sudarshana Rao filed an eviction petition under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide need for a non‑residential building to store fire‑clay. The tenant D. DevaJi had agreed to a rent increase, but the …

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANR.versusUNION OF INDIA

1993 INSC 318Disposed off

This public interest litigation concerned the appointment of judges to the Supreme Court and High Courts, and the transfer of High Court judges. The case was referred to a nine-judge bench to reconsider the majority view in S.P. Gupta v. Union of India (1982), which held that the Central Government …

UNITED BANK OF INDIAversusTHE OFFICIAL LIQUIDATOR AND ORS.

1993 INSC 319Appeal(s) allowed

United Bank of India sued the Official Liquidator of Naskarpara Jute Mills Ltd., which was in liquidation, to recover a debt and to prevent the sale of the mortgaged land. The High Court, acting under Section 535 of the Companies Act, ordered the liquidator to disclaimer the lease of the land on the …

MANAGING DIRECTOR, ECIL, HYDERABAD ETC. ETC.versusB. KARUNAKAR AND ORS. ETC. ETC.

1993 INSC 316Disposed off

The Constitution Bench examined whether a delinquent employee is entitled to a copy of the Inquiry Officer's report before the disciplinary authority decides on guilt or punishment, especially after the 42nd Amendment removed the right to show cause on penalty. It held that when the Inquiry Officer …

UNION OF INDIA AND ORS.versusDR. GYAN PRAKASH SINGH

1993 INSC 314

Dr. Gyan Prakash Singh was appointed on an ad‑hoc basis as Assistant Medical Officer in the North Eastern Railway with an order dated 1 Oct 1984, but he joined duty on 9 Oct 1984. The Supreme Court, in Dr. A.K. Jain (1987), had directed regularisation of all doctors appointed on an ad‑hoc basis "up …

RAM CHAND AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 315Disposed off

The petitioners challenged land acquisition proceedings initiated between 1959 and 1965, alleging that the government delayed making awards and paying compensation for more than fourteen years after declarations under Section 6 of the Land Acquisition Act, 1894. The Court examined whether such delay …

DR. H. MUKHERJEE AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 312Appeal(s) allowed

Dr. H. Mukherjee and others challenged the decision of the Appointments Committee of the Cabinet (ACC) to reject the Union Public Service Commission’s (UPSC) recommendation for S.K. Bhargava as Chief Controller of Explosives. The ACC had relied on an adverse remark in Bhargava’s 1987 Confidential …

HINDUSTAN LEVER AND ORS.versusHINDUSTAN LEVER MAZDOOR SABHA AND ORS.

1993 INSC 313Dismissed

The Government of Maharashtra issued a notification under section 13 of the Maharashtra Workmen's Minimum House‑Rent Allowance Act, 1983, exempting factories in certain zones from the Act's house‑rent allowance provisions for workers whose wages exceeded specified ceilings, thereby reducing the …

SULOCHANA AMMAversusNARAYANAN NAIR

1993 INSC 311Dismissed

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from …

STATE OF WEST BENGALversusSRI ORILAL JAISWAL AND ANR.

1993 INSC 307Case Partly allowed

The State of West Bengal appealed the Calcutta High Court's acquittal of Orilal Jaiswal and his mother, Gujarati Debi, on charges of abetment of suicide (Sec. 306 IPC) and cruelty (Sec. 498A IPC). The Supreme Court examined whether the victim’s mother, brother and other close relatives provided …

THE UNION TERRITORY OF PONDICHERRY AND ORS.versusP.V. SURESH ETC. ETC. AND ORS.

1993 INSC 308Disposed off

The Union Territory of Pondicherry auctioned arrack licences for the 1981‑82 excise year, but altered the rate of supply after the auction without notifying bidders. Licencees, who had paid deposits and begun business, claimed they were entitled to the previous year’s supply rate and that the …

HINDUSTAN PETROLEUM CORPORATIONversusOKHA GRAM PANCHAYAT AND OTHERS

1993 INSC 309Disposed off

Hindustan Petroleum Corporation (successor to ESSO) stored petroleum products in Okha Gram Panchayat and paid octroi on the portion consumed locally. The Panchayat claimed octroi on all goods imported, added excise duty to the valuation, and denied refund for goods exported after two months, arguing …

UMESH CHAND GANDHIversus1 ST ADDL. DIST. AND SESSIONS JUDGE AND ANR.

1993 INSC 310Disposed off

The appellant, a tenant, was required under Section 39 of the U.P. (Urban Building Regulation of Letting Rent and Eviction) Act, 1972 to deposit arrears, interest and costs within one month to avoid eviction. He deposited Rs 1,944 instead of the required Rs 2,048 due to a calculation error, leaving …

SYSTOPLC LABORATORIES (PVT.) LTD. ETC. ETC.versusDR. PREM GUPTA AND ORS. ETC. ETC.

1993 INSC 305Dismissed

The Central Government, relying on expert opinion, issued a notification on 3 November 1988 under Section 26A of the Drugs & Cosmetics Act, 1940, to prohibit the manufacture and sale of fixed‑dose combinations of corticosteroids with any other drug for internal use, citing public‑health risks in …

MANIYARI MADHVANversusSUB-INSPECTOR OF POLICE AND ORS.

1993 INSC 306

Maniyeri Madhavan, a journalist, alleged that Kerala police assaulted him and his newspaper office and sought an impartial investigation. The Kerala High Court directed a Deputy Inspector General to investigate, but the investigation stalled and the Supreme Court, exercising its Article 142 …

SHRI MALAPRABHA CO-OP. SUGAR FACTORY LTD.versusUNION OF INDIA AND ANR.

1993 INSC 304Disposed off

The Supreme Court examined the validity of a series of notifications fixing the price of levy sugar under the Essential Commodities Act, 1955. Sugar manufacturers contended that the Government had not taken into account the four factors prescribed in Section 3(3C) – minimum cane price, manufacturing …

CIT MADRAS AND ANR.versusDALMIA CEMENT (BHARAT) LTD.

1993 INSC 302Matter referred to larger bench

The assessee filed loss returns for assessment years 1950-51 to 1955-56 after the statutory period, and the Income‑Tax Officer (ITO) communicated that no cognizance could be taken. Later, the assessee claimed set‑off of those losses against income of 1960-61 and 1961-62, and the Income Tax Appellate …

THE SECRETARY AND COMMISSIONER, HOME DEPARTMENT AND ORS.versusR. KIRUBAKARAN

1993 INSC 303Appeal(s) allowed

R. Kirubakaran entered the Tamil Nadu police service in 1958 with his date of birth recorded as 9‑8‑1934, giving a superannuation date of 8‑8‑1992. In August 1991, about a year before retirement, he applied to have his date of birth altered to 9‑8‑1936. After an initial rejection, he approached the …

DESH BANDHU GUPTAversusN L. ANAND AND RAJINDER SINGH

1993 INSC 301Appeal(s) allowed

The appellant, a tenant, had deposited rent exceeding the decretal amount before execution proceedings were initiated. The execution court, without serving any notice to the judgment debtor, sold his 550‑sq‑yard plot to the second respondent for Rs 1,05,000, despite the decree debt being only Rs …

SATENDRA PRASAD JAIN AND OTHERSversusSTATE OF U.P. AND OTHERS

1993 INSC 300Appeal(s) allowed

The appellants owned about 29 bighas of land in Meerut district that were notified for acquisition under the Land Acquisition Act, 1894 for a market. Because of urgency, the government invoked Section 17(1) and took possession before any award was made, also dispensing with Section 5‑A. The …

PARSINNI (DEAD) BY L.RS. AND ORS.versusSUKHI AND ORS.

1993 INSC 297Appeal(s) allowed

Wazira Singh died leaving three sons and two minor daughters. The daughters were given possession of 53 kanals 12 marlas of land until their marriage or death, and they remained in possession for over thirty years after marrying, while the sons never asserted any claim. The sons filed a suit in 1963 …

JATTU RAMversusHAKAM SINGH AND ORS.

1993 INSC 298Appeal(s) allowed

Jattu Ram exchanged his land with Hakam Singh, who later lost the exchanged land due to a defect in title and a court decree in favor of the minors of Kartar Kaur. To compensate, Hakam Singh gave Ram 47 kanals 1 marla of land and promised further compensation. Ram sued for a declaration that he held …

NAVIN CHEMICALS MFG. AND TRADING CO. LIMITEDversusCOLLECTOR OF CUSTOMS

1993 INSC 299Dismissed

Navin Chemicals imported crude emetine under a duty‑exemption licence that required re‑export after processing. The goods were found to be emetine hydrochloride with impurities, leading the Additional Collector to confiscate them and offer a fine of Rs 10,000 for release. The company appealed to the …

SMT. SARIFABIBI MOHMED IBRAHIM AND ORS.versusCOMMISSIONER OF INCOME TAX, GUJARAT

1993 INSC 294Dismissed

The appellants owned a 30,885‑sq‑yd plot registered as agricultural land but located within municipal limits. They obtained permission under Section 63 of the Bombay Tenancy and Agricultural Lands Act to sell the land for non‑agricultural use and sold it to a housing cooperative in May 1969. The …

SHRIYANS PRASAD JAIN (DEAD) BY LRS.versusINCOME TAX OFFICER AND ORS.

1993 INSC 295

Shriyans Prasad Jain, a former officer of Dalmia Cement & Paper Marketing Co., was paid Rs 7 lakhs on termination of his services and claimed the sum was compensation for loss of employment, exempt under section 7 of the Income‑Tax Act, 1922. The assessment tribunal, High Court and the Supreme Court …

UNION OF INDIA AND ORS.versusJALYAN UDYOG AND ANR.

1993 INSC 296Appeal(s) allowed

The case concerned two ocean‑going vessels imported in 1968 under a customs exemption for ships not imported for breaking up. When the vessels were later scrapped in 1983‑84, the ship owners argued that duty should be calculated on the 1968 import value, while the Union of India contended that the …

SIRAJ AHMAD SIDDIQUIversusSHRI PREM NATH KAPOOR

1993 INSC 293Appeal(s) allowed

The landlord filed a suit for ejectment and recovery of rent arrears against the tenant. The tenant applied for time to file a written statement and to deposit the entire arrears under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the …

STATE OF HARYANA AND ORS.versusSANT LAL AND ANR.

1993 INSC 292Dismissed

The respondents, who are clearing and forwarding agents (dalals), challenged Section 38 of the Haryana General Sales Tax Act, 1973 and Rule 53 of the 1975 Rules, which required them to obtain a licence, furnish transaction particulars and face a penalty of 20% of the value of goods for …

TRIBHOVANDAS BHIMJI ZAVERIversusUNION OF INDIA AND ORS.

1993 INSC 289Dismissed

The appellants, a partnership firm, were searched under section 132 of the Income‑Tax Act on 28 October 1975 and cash, jewellery, diamonds and books of account were seized. On 31 December 1975 they filed a declaration of concealed income under section 3(1) of the Voluntary Disclosure of Income and …

SATYANARAIN BAJORIA AND ANR.versusRAMNARAIN TIBREWAL AND ANR.

1993 INSC 291

Satyanarain Bajoria, the judgment debtor, claimed that a decree against him had been satisfied, but the decree-holder later filed a fresh execution proceeding more than two years after the original decree and auctioned Bajoria's land for a fraction of its market value. The sale was conducted without …

PROF. SUMER CHANDversusUNION OF INDIA AND ORS.

1993 INSC 284Dismissed

Prof. Sumer Chand was acquitted of several IPC offences after being prosecuted by police officers. He subsequently filed a civil suit for Rs. 3,00,000 damages alleging malicious prosecution against the police officers who had registered the false report and filed the challan. The respondents …

STATE OF UTTAR PRADESH AND ORS.versusSHEOPAT RAI AND ORS.

1993 INSC 285Appeal(s) allowed

The Uttar Pradesh Government, by the Excise (Amendment) Ordinance 1972, inserted Section 24‑A in the Uttar Pradesh Excise Act, 1910, enabling it to grant shop licences for the retail sale of foreign liquor on the basis of a 'licence fee' (auction highest bid) or a 'fixed fee' (determined by the …

PAVITRI DEVI AND ANR.versusDARBARI SINGH AND ORS.

1993 INSC 286Appeal(s) allowed

Brahmadeo Singh, a coparcener in a Mitakshara joint family, filed a suit for partition of his share. The suit was dismissed and while the appeal was pending he died. His alleged daughter, Pavitri Devi, filed an application for substitution, claiming she was his heir and that a registered gift deed …

K. PARAMESWARAN PILLAI(DEAD)versusK. SUMATHI@ JESIS JESSIE JACQUILINE & ANR.

1993 INSC 287Dismissed

The case concerned a usufructuary mortgage created in 1947 and a second mortgage in 1966, where the mortgagee filed a redemption suit and obtained a preliminary decree requiring payment by May 6, 1970. The mortgagee later withdrew an earlier interlocutory application and, after the mortgagor …

K. NARAYANAN AND OTHERSversusSTATE OF KARNATAKA AND ORS.

1993 INSC 282Appeal(s) allowed

The Karnataka Government amended its Public Works Engineering Department Service (Recruitment) Rules in 1985, backdating them to 1 January 1976 to allow Junior Engineers who obtained a degree to be transferred to the Assistant Engineer cadre with retrospective seniority and a one‑third service …

UNION OF INDIA AND ORS.versusP.C. MISRA

1993 INSC 283Disposed off

The respondents, senior officers of the Delhi, Andaman & Nicobar Islands Civil Service, claimed that they should be deemed to have been appointed to the newly created Junior Administrative Grade (JAG) with effect from 1 January 1986, based on a 1987 memorandum and the 1988 amendment to the Service …

BHUWNESHWAR SINGHversusUNION OF INDIA AND ORS.

1993 INSC 280Dismissed

Bhuwneshwar Singh, a sepoy, was dismissed from service and sentenced to four months' rigorous imprisonment by a District Court Martial (DCM). He challenged the dismissal, conviction, and sentence in the Calcutta High Court, alleging violations of Army Rules and illegal pre‑trial detention beyond …

UNION OF INDIA AND ORS.versusALANG SHIP BREAKERS PVT. LTD., BHA VNAGAR AND ORS.

1993 INSC 279Appeal(s) allowed

The petitioners, ship‑breakers, were directed by the Central Excise authorities to pay duty on ship scrap, which they contested as not being ‘manufacture’ under the Central Excises and Salt Act, 1944. The Gujarat High Court, in an interim order, allowed them to clear the scrap on payment of 25% of …

S. NAGARAJ AND ORS.versusSTATE OF KARNATAKA AND ANR.

1993 INSC 278Disposed off

The Supreme Court dealt with a long‑running dispute concerning the absorption of about 5,000 stipendiary graduates employed under Karnataka's 1977 unemployment relief scheme into Group ‘C’ civil service posts. The Court had earlier ordered the State to fill 3,691 vacancies with these graduates and …

G.L. HOTELS LTD. ETC.versusT.C. SARIN AND ANR.

1993 INSC 277

The Employees' State Insurance Corporation demanded contributions from several hotels for the period 1970‑1978, treating the hotels as factories under the Employees' State Insurance Act, 1948 because cooking in their kitchens was a manufacturing process. The hotels contended that only the kitchen …

GOKARAJU VENKATANARASA RAJUversusSTATE OF ANDHRA PRADESH

1993 INSC 273Dismissed

The appellant was convicted of murder, theft of jewellery and concealment of evidence under IPC sections 302, 404 and 201. The prosecution relied on a series of circumstantial facts – the appellant’s presence with the victim, possession and disposal of the victim’s gold chain, ring and watch, the …

ALL INDIA JUDGES, ASSOCIATION AND ORSversusUNION OF INDIA AND ORS.

1993 INSC 272Disposed off

The All India Judges Association sought to improve the service conditions of subordinate judges, prompting the Supreme Court to issue directions on uniform hierarchy, qualifications, retirement age, pay, allowances, accommodation and training. The Union of India and several states challenged these …

MS. LILY THOMAS, ADVOCATEversusSPEAKER, LOK SABHA AND OTHERS

1993 INSC 274Dismissed

Ms. Lily Thomas, an advocate, filed a writ petition under Article 32 of the Constitution seeking a declaration that any member of the Lok Sabha who abstains from voting on a motion of impeachment of a Supreme Court judge should be deemed to have supported the motion, thereby satisfying the majority …

SMT. CHANDRAKALA TRIVEDIversusDR. S.P. TRIVEDI

1993 INSC 275Dismissed

The husband filed a petition for divorce on the ground of cruelty under Section 13(1)(a) of the Hindu Marriage Act. The Matrimonial Court dismissed the petition, but the Bombay High Court Division Bench granted a decree of divorce. The wife appealed to the Supreme Court, contending that the High …

VARKEY CHACKOversusCOMMISSIONER OF INCOME TAX

1993 INSC 276Dismissed

Varkey filed his income‑tax return on 16 April 1970. The Income‑Tax Officer (ITO) made an assessment on 27 March 1972, finding concealment of income amounting to less than Rs 25,000 and, on the same day, initiated penalty proceedings and later imposed a Rs 10,000 penalty. The Appellate Assistant …

THE STATE OF KARNATAKA AND ORS. ETC. ETC.versusB.V. THIMMAPPA AND ORS. ETC. ETC.

1993 INSC 271Disposed off

The Supreme Court examined whether government servants in Karnataka who were promoted to higher posts during the period allowed for passing the Service and Kannada Language Examinations, but failed to pass those exams, could be reverted to their earlier posts. The Court held that Section 4 of the …

SUBODH KUMAR GUPTAversusSHRIKANT GUPTA AND ORS.

1993 INSC 270Dismissed

The plaintiff, a partner in a firm whose head office was in Bombay and factory in Mandsaur, filed a suit in the Chandigarh Court seeking dissolution of the partnership and rendition of accounts, alleging that the firm had a branch office in Chandigarh. The defendants contended that the Chandigarh …

SHAHAL H. MUSALIAR AND ANR. ETC. ETC.versusSTATE OF KERALA AND ORS. ETC. ETC.

1993 INSC 269Disposed off

The Supreme Court examined a batch of writ petitions challenging the applicability of the admission scheme laid down in J.P. Unnikrishnan v. State of Andhra Pradesh to minority educational institutions (MEIs). Petitioners, claiming minority status, argued that the 50% government‑filled and 50% …

SHEELA BARSEversusUNION OF INDIA AND ANR.

1993 INSC 265Disposed off

Ms. Sheela Barse, a social activist, filed a writ petition under Article 32 alleging that numerous children and adults in West Bengal were being committed to jails as “non‑criminal lunatics” without proper medical assessment, thereby depriving them of liberty and subjecting them to inadequate care. …

B. L. MANDAWAT AND ORS.versusUNION OF INDIA AND ORS

1993 INSC 266Appeal(s) allowed

The petitioner, a Trained Graduate Teacher employed at the Rajasthan Atomic Power Project (RAPP) School since 1972, sought direction for her absorption by the Atomic Energy Education Society (AEE Society) after the school was transferred to that autonomous body. The Central Government had issued a …

RAMCHANDRA GANPAT SHINDE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 267Appeal(s) allowed

The dispute concerned the election of the managing committee of Shri Vathal Sakhar Sehakari Karkhana Ltd., a specified cooperative society whose term expired on 3 December 1991. The final list of voters was published on 17 December 1991, but the State Government postponed the election to 30 …

HIS HIGHNESS MAHARAJA PRATAP SINGHversusHER HIGHNESS MAHARANI SAROJINI DEVI AND ORS.

1993 INSC 268Appeal(s) allowed

The Supreme Court examined two disputes concerning properties bought by the former ruler of Nabha, R.S., benami in the names of others. The first involved the Simla property (Sterling Castle) and the second the Delhi property (34 Alipur Road). The Court held that the rule of primogeniture, which …

CAPTAIN VIRENDER KUMARversusUNION OF INDIA AND ORS.

1993 INSC 263Dismissed

Captain V. Kumar, an advocate, filed a public interest petition before the Supreme Court alleging the need to cleanse the judiciary and seeking suo motu contempt action against the Registry. The Court observed that the petition was drafted in undignified language, contained unwarranted adjectives, …

DIGVIJAY MOTEversusUNION OF INDIA AND ORS.

1993 INSC 264Dismissed

The petitioner, Digvijay Mote, filed a public‑interest writ petition alleging that the electoral process in India was distorted, citing the absence of representation from Assam and Jammu & Kashmir in successive Lok Sabhas. He sought sweeping reliefs including staying the functioning of the existing …

SHYAM NANDAN PRASAD AND ORS.versusSTATE OF BIHAR AND ORS.

1993 INSC 262Appeal(s) allowed

The Bihar Finance Service House Construction Cooperative Society, a cooperative society of land‑less members, applied to the State Government for acquisition of 59.95 acres to provide housing. The Government issued a Section 4 notification, entertained objections under Section 5A, and then declared …

GURU AMARJIT SINGHversusRATTAN CHAND AND ORS.

1993 INSC 260Dismissed

Guru Amarjit Singh sued Rattan Chand and others for ejectment, alleging that a 1905 lease between his grandfather and the respondents' predecessors created a landlord‑lessee relationship and that the respondents forfeited the lease by selling the land, denying the landlord's title and claiming …

GAURI SHANKAR GAUR AND ORS. ETC.versusSTATE OF U.P. AND ORS.

1993 INSC 261Dismissed

The Uttar Pradesh Avas Evam Vikas Parishad Act, 1965 authorised acquisition of land for a housing scheme and issued notifications under its Sections 28(1) and 32(1). The State later issued acquisition notices under the Land Acquisition Act, 1894. The appellants challenged whether the three‑year …

STATE OF WEST BENGAL ETC. ETC.versusRATAN BEHARI DEY AND ORS.

1993 INSC 259Appeal(s) allowed

The petitioners were employees of the Calcutta Municipal Corporation who retired before 1 April 1977 and received only provident fund benefits, as no pension scheme existed then. In 1982 the Corporation framed the Death‑cum‑Retirement Benefit Regulations, which introduced a pension scheme effective …

SABARKANTHA ZILLA KHARID V. SANGH LTDversusCOMMISSIONER OF INCOME TAX

1993 INSC 256Dismissed

Sabarkantha Zilla Kharid Vechan Sangh Ltd., a cooperative society dealing in agricultural implements, seeds, livestock and other articles, claimed exemption from income‑tax on its profits and gains under Section 81(i)(d) of the Income Tax Act, 1961. The Income‑Tax Officer held that the exemption …

UNION OF INDIA AND ORS.versusSHRI PURNENDU MUKHOPADHYAY AND ORS.

1993 INSC 257

The Union of India introduced an apprenticeship scheme for supervisory posts in ordinance factories, allowing successful apprentices to be appointed as Supervisor Grade ‘A’ or Chargeman Grade‑II based on examination results. In 1965 the Director General permitted certain Supervisors Grade ‘A’ who …

UNION OF INDIA AND OTHERSversusR. REDDAPPA AND ANOTHER

1993 INSC 258

Approximately 800 railway employees were dismissed under Rule 14(2) of the Railway Service (Discipline and Appeal) Rules for taking part in a Loco Staff strike in January 1981. The disciplinary authority claimed that holding a departmental inquiry was not reasonably practicable, but no material was …

SUBRAN AND ORS.versusSTATE OF KERALA

1993 INSC 255Modified

The Supreme Court reviewed its earlier judgment in Subran and others v. State of Kerala after noting that paragraph 11 could be misinterpreted as a general statement of law. The case involved four appellants, including Subran, who were convicted of murder under Section 302 of the IPC. On review, the …

RAMESH KUMARversusSTATE OF BIHAR AND ORS.

1993 INSC 253Case Partly allowed

In 1970 Harbansh Narain Lal Das was attacked, tied with a rope and dragged by three accused who also seized his pistol. The trial court convicted them of murder under Section 302/34 IPC and sentenced each to life imprisonment. The Patna High Court altered the conviction to culpable homicide not …

DISTRICT MAGISTRATE AND ANR.versusR. KUMARAVEL

1993 INSC 254Appeal(s) allowed

The Supreme Court examined appeals by the State of Tamil Nadu against a Madras High Court order that had quashed preventive detention orders issued under the Tamil Nadu Prevention of Dangerous Activities of Boot‑leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum …

M/S CHAHAL ENGINEERING CONSTRUCTION CO.versusIRRIGATION DEPARTMENT, PUNJAB, SIRSA

1993 INSC 251Disposed off

The appellant, Mis Chahal Engineering, entered a turn‑key lump‑sum contract with the Punjab Irrigation Department to construct an aqueduct. Design changes increased quantities, and the contractor claimed extra payment, leading to arbitration. The first arbitrator treated the contract as having …

M/S KISHAN LAL LAKSHMI CHAND AND ORS.versusSTATE OF HARYANA AND ORS.

1993 INSC 249Dismissed

The appellants challenged the constitutional validity of the Haryana Rural Development Act, 1986, specifically sections 5(1) and 11, alleging that the 1% levy on agricultural produce was a tax in disguise and therefore ultra vires the State's legislative competence under Articles 246(3) and 286(2) …

CAPT. VIRENDRA KUMAR, ADV.versusSH. SHIV RAJ PATIL, SPEAKER LOK SABHA

1993 INSC 250Dismissed

Capt. V. Kumar filed a writ petition under Article 32 challenging the Lok Sabha’s voting on the impeachment motion against Justice V. Ramaswami. He alleged that his nine‑page communication to the Speaker was not circulated, that an oral whip to abstain was illegal, and that the Speaker should have …

SUKUMAR MUKHERJEE ETC. ETC.versusSTATE OF WEST BENGAL AND ANR.

1993 INSC 246Dismissed

The Supreme Court upheld the West Bengal Health Service Act, 1990 and the West Bengal Health Service Rules, 1993, rejecting challenges that the statutes were beyond the State's legislative competence and violated Articles 14 and 19(1)(g) of the Constitution. The Court held that the Act merely …

SMT DEOKABAIversusUTTAM

1993 INSC 247Appeal(s) allowed

Deokabai, an elderly widow, entered into a written agreement to sell a portion of her house to Uttam, subject to obtaining permission from the competent authority and, thereafter, securing another suitable house before the sale deed could be executed. After permission was granted, Uttam demanded …

GURUCHARAN KOERI AND ORS.versusBIBI SHAMSUNISSA

1993 INSC 248Appeal(s) allowed

The appellants filed a suit for redemption of a mortgage dated 28 July 1916 that covered five plots (557, 558, 559, 564, 565). They sought redemption of two plots, 565 and 551, the latter not being part of the mortgage. The trial court dismissed the suit, the first appellate court decreed in favour …

DHONDIRAM TATOBA KADAMversusRAMCHANDRA BALWANTRAO DUBAL

1993 INSC 245Dismissed

The case concerned a suit filed by Ramchandra Balwantrao Dubal (plaintiff) seeking redemption of a conditional mortgage dated 23 June 1952. The appellant, D.T. Kadam, claimed to be a tenant of the land under a lease dated 15 June 1949 and argued that he was dispossessed before 1 April 1957, thereby …

HOME SECRETARY, U.T. OF CHANDIGARH AND ANRversusDARSHJIT SINGH GREWAL AND ORS.

1993 INSC 244Appeal(s) allowed

The case concerned five engineering students who had secured admission in management‑quota seats of affiliated colleges of Punjab University and sought migration to Chandigarh Engineering College on security grounds. The principal of the transferee college initially refused, later consented on the …

THE STATE BANK OF INDIAversusSHRI YUMNAM GOURAMANI SINGH

1993 INSC 242Appeal(s) allowed

The State Bank of India sued Yumnam Gouramani Singh for recovery of a loan amount and the trial court decreed a partial sum of Rs.9,962.91 with interest. The High Court reversed this decision, holding that the bank's books of account were not corroborated by any other evidence and thus could not …

COLLECTOR OF CENTRAL EXCISEversusM/S FUSEBASE ELTOTO LTD.

1993 INSC 243Appeal(s) allowed

The respondent, M/s Fusebase EltoTo Ltd., manufactured projection television sets consisting of a projection unit and a large screen, sold to institutions for large audiences. It claimed exemption from central excise duty under Notification No.68/86, which exempts broadcast television receiver sets. …

KAKA JOGINDER SINGH ALIAS DHARTI PAKADversusK.R. NARAYANAN VICE PRESIDENT OF INDIA

1993 INSC 238Dismissed

Kaka Joginder Singh alias Dharti Pakad challenged the election of K.R. Narayanan as Vice‑President of India, alleging (i) that the Returning Officer wrongly accepted Narayanan's nomination despite substantial defects, and (ii) that a whip issued by the Congress party amounted to undue influence …

MOHAMMED ANISversusUNION OF INDIA AND ORS.

1993 INSC 240Dismissed

In 1991 an incident in Pilibhit, Uttar Pradesh, resulted in ten deaths and was reported as police‑militant encounters, prompting allegations of police involvement. A writ petition under Article 32 was filed seeking a CBI investigation, and the Supreme Court ordered the CBI to investigate, …

UNION OF INDIA AND ORS.versusI.T.C. LIMITED

1993 INSC 241Appeal(s) allowed

I.T.C. Ltd, a cigarette manufacturer, paid excise duty based on the price to secondary wholesale dealers, a mistake of law later corrected by the Supreme Court's Valtas decision. It filed five refund applications; three were allowed, two were rejected as time‑barred, but the Delhi High Court set …

G.S. VENKAT AND ORS. ETC. ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.

1993 INSC 239Disposed off

The State of Andhra Pradesh, barred from direct recruitment by a 1970 ban, filled engineering vacancies by temporary appointments under Rule 10(a)(i)(1) and later regularised many of these employees through G.O. No. 647 (1979). Supervisors who obtained engineering degrees were redesignated as Junior …

KARUPPASWAMY AND OTHERSversusC. RAMAMURTHY

1993 INSC 229Dismissed

The plaintiff filed a suit on the last day of limitation against a deceased defendant, Mariappa Gounder, for a promissory note. After learning of the defendant's death, the plaintiff sought to substitute the deceased's heirs as parties. The trial court dismissed the applications, holding the suit …

HARBANS LALversusCOLLECTOR OF CENTRAL EXCISE & CUSTOMS, CHANDIGARH

1993 INSC 230Dismissed

Harbans Lal was arrested in March 1970 and a large quantity of gold and currency was seized under Section 110 of the Customs Act, 1962. The Collector extended the six‑month seizure period by another six months through an ex‑parte order without giving the appellant notice or a hearing, and later …

RAJA VIDEO PARLOUR AND ORS. ETC.versusSTATE OF PUNJAB AND ORS . ETC.

1993 INSC 232Case Allowed

The appellants operated video parlours that exhibited pre‑recorded films using VCR/VCP and a TV projector onto a separate 100‑120 inch screen, with seating capacities exceeding fifty. The Punjab Exhibition of Films on Television Screen through Video Cassette Players (Regulation) Rules, 1989 limited …

M/S. LAXMI VIDEO THEATERS AND OTHERSversusSTATE OF HARYANA AND OTHERS

1993 INSC 233Dismissed

The appellants operated video parlours in Haryana, exhibiting pre‑recorded films through VCRs/VCPs without obtaining licences under the Cinematograph Act, 1952 and the Punjab Cinemas (Regulation) Act, 1952. They sought a writ from the High Court contending that a VCR does not fall within the …

M/S. REGAL VIDEOversusSTATE OF HARYANA AND OTHERS

1993 INSC 234Appeal(s) allowed

M/s Regal Video operated a video parlour in Haryana, exhibiting pre‑recorded films through a VCR/VCP and a video projector onto a separate wide screen. The Haryana government, by a 1989 notification, amended the Punjab Cinemas (Regulation) Rules, 1952 to include Rules 98‑100 dealing with …

SHANKAR VIDEO AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

1993 INSC 235Appeal(s) allowed

The appellants operated a video cinema using an ENTEL video projector system that displayed pre‑recorded movies from VCR/VCP on a large separate screen. They obtained licences under the Maharashtra Cinemas (Regulation) Rules, 1966 (as amended) but a touring cinema licence‑holder challenged the …

JAIN EXPORTS PVT. LTD. AND ANR.versusUNION OF INDIA AND ORS.

1993 INSC 227Dismissed

The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs …

D.V. BAKSHIversusUNION OF INDIA AND ORS.

1993 INSC 236Dismissed

The petitioners, who held temporary licences as Customs House Agents, were denied regular licences after failing to pass the written and oral examinations prescribed under the Customs House Agents Licensing Regulations, 1984. They challenged (i) the interpretation of Regulations 8 and 9, arguing …

HANSRAJ H. JAINversusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 237Dismissed

The State of Maharashtra issued notices under Section 4 of the Land Acquisition Act, 1894 between 1968 and 1970 to acquire land covering 86 villages for the New Bombay township, with declarations under Section 6 in 1971‑72 and awards in 1985‑86. The land owners challenged the acquisition, alleging …

M/S. GOBIND PERSHAD JAGDISH PERSHADversusNEW DELHI MUNICIPAL COMMITTEE

1993 INSC 228Dismissed After

The appellant owned a shop with a verandah that formed a continuous passage used by the public in Connaught Circus, New Delhi. The New Delhi Municipal Committee, invoking Section 171(4) of the Punjab Municipal Act, 1911, declared the verandah and similar ones as "public streets" for public safety …

PVT PHILIPversusP. NARASIMHA REDDY AND ORS.

1993 INSC 224Appeal(s) allowed

The appellant, an ex‑Air Force officer, was initially appointed as a temporary jailor on 27 June 1969, later transferred to a District Probation Officer (D.P.O.) post, and subsequently re‑appointed as a jailor on several occasions. He sought regularisation of his jailor service from the original …

DR. M.S. MUDHOL AND ANR.versusSHRI S.D. HALEGKAR AND ORS.

1993 INSC 225Dismissed

The petitioners, members of the teaching staff, sought a writ of quo warranto to remove the principal of a private aided school on the ground that he lacked the essential academic qualification of a II division Master's degree, possessing only a third‑class M.A. but an II division M.Ed. The High …

UNION OF INDIA ETC.versusG.K. SANGAMESHWAR AND ORS. ETC.

1993 INSC 223

The Supreme Court examined the seniority of several non‑State Civil Service officers appointed to the Indian Administrative Service by selection. The officers claimed earlier "year of allotment" based on their prior service, challenging the Government's reliance on the proviso to Rule 3(3)(c) of the …

PHOOL CHAND BAJRANG LAL AND ANR.versusINCOME TAX OFFICER AND ANR.

1993 INSC 226Dismissed

The assessee firm claimed a cash loan of Rs 50,000 from a Calcutta company and claimed interest deductions for several years. The Income‑Tax Officer (ITO) in Azamgarh, after receiving a specific letter from the ITO in Calcutta stating that the Calcutta company was merely a name‑lender and had not …

SHRIRAM CHITS AND INVESTMENT (P) LTD.versusUNION OF INDIA AND ORS.

1993 INSC 222Dismissed

The Supreme Court examined the constitutional validity of the Chit Funds Act, 1982, challenged by various chit fund companies and individuals on the grounds that it infringed their right to carry on business under Article 19(1)(g) and that Parliament lacked legislative competence, alleging the Act …

FOOD CORPORATION OF INDIA AND ORSversusE. KUTTAPPAN

1993 INSC 221Appeal(s) allowed

The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed …

S. GANAPATHY AND ORS.versusAIR INDIA AND ANR.

1993 INSC 219Dismissed

The appellants, employees of Air India, were dismissed after disciplinary proceedings and were paid one month's salary reduced by Rs.10-15 for tax deducted under the West Bengal State Tax Act, 1979. Air India sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, …

HARPAL SINGH CHAUHAN AND ORS. ETC.versusSTATE OF U.P.

1993 INSC 217Case Partly allowed

Several lawyers were appointed as Assistant District Government Counsel (Criminal) under Section 24 of the Criminal Procedure Code and the Legal Remembrancer Manual. As their terms were about to expire, the District Judge prepared a List ‘A’ recommending their extension, but the District Magistrate …

STATE OF PUNJAB AND ORS.versusBRIGADIER SUKHJIT SINGH

1993 INSC 215Dismissed

The dispute concerned a double‑storeyed building within the Jallowkhana complex at Kapurthala, occupied by the Punjab Public Works Department. Brigadier Sukhjit Singh, a heir‑apparent of the erstwhile Maharaja, claimed ownership based on a 1925 farman that vested the entire complex in each …

SMT. CHAND DHAWANversusJAWAHARLAL DHAWAN

1993 INSC 216

Chand Dhawan (wife) appealed against the Punjab & Haryana High Court’s order dismissing her claim for permanent alimony under Section 25 of the Hindu Marriage Act and also setting aside the maintenance pendente lite granted under Section 24. The wife had filed a petition for permanent alimony and …

UNION OF INDIA AND ANR.versusBRIJ FERTILIZERS PVT. LTD.

1993 INSC 206Dismissed

The respondents, small‑scale manufacturers of single super‑phosphate (SSP) fertilizer, were entitled to a government subsidy provided they met the standards prescribed in the Fertilizer (Control) Order, 1985 under the Essential Commodities Act, 1955. The Government of Madhya Pradesh commissioned …

V.K.SOODversusSECRETARY, CIVIL AVIATION AND ORS.

1993 INSC 207Dismissed

V.K. Sood applied for the post of Examiner of Personnel in the Department of Civil Aviation but was not selected. He challenged the qualifications prescribed in the 1989 advertisement, alleging that the amendments to the 1969 rules were tailor‑made to exclude him. The issue was whether the …

HUCHAPPA YELLAPPA RADDER AND ANR.versusNINGAPPA BHEEMAPPA TALAWAR

1993 INSC 202Appeal(s) allowed

The dispute concerned agricultural lands in Karnataka that were originally hereditary Watans. Basappa Bheemappa, the former Watandar, re‑granted the lands under the Bombay Watans (Abolition) Act and subsequently sold them to the tenants, Huchappa Yellappa Radder and his father, on 31 March 1969. The …

MEDICAL COUNCIL OF INDIAversusSILAS NELSON AND ORS.

1993 INSC 203Appeal(s) allowed

The Supreme Court examined the application of Silas Nelson, who sought migration from an unrecognised medical college in Dar‑es‑Salam to a recognised Indian medical college. The Medical Council of India (MCI) had rejected the migration, finding insufficient grounds and lack of equivalence, a …

R.K.JAINversusUNION OF INDIA AND ORS.

1993 INSC 204Disposed off

The petitioners, led by R.K. Jain, sought the immediate appointment of a senior High Court judge as President of the Customs, Excise and Gold Control Appellate Tribunal (CEGAT) and an enquiry into alleged mal‑functioning. The government appointed Harish Chander, a senior vice‑president of the …

PRABHUDA YAL AND OTHERSversusSTATE OF MAHARASHTRA

1993 INSC 209Dismissed

Sangita, a young married woman, was found burnt to death in the house of her in‑laws on the night of 14‑15 September 1984. She had previously complained of dowry‑related harassment and physical abuse by her husband, father‑in‑law, mother‑in‑law and sister‑in‑law. The trial court acquitted all four …

MUKUND LAL BHANDARI AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 210Disposed off

The petitioners, late freedom fighters who participated in the Arya Samaj Movement in the former Hyderabad State, sought pension under the Freedom Fighters Pension Scheme, 1972. The Union of India contended that the petitioners had filed their applications after the prescribed deadline and had not …

SURENDER KUMAR GARGversusSTATE OF UTTAR PRADESH

1993 INSC 211Appeal(s) allowed

The appellant, Surrender K.L. Garg, was convicted for cheating the Uttar Pradesh Small Industries Corporation by creating a fictitious firm, Seemak Industrial Corporation, and obtaining a loan of Rs 39,352.50. He was found guilty under IPC sections 120‑B, 419, 420, 468 and 471 and sentenced to …

N.P.V. RAMASWAMY UDAYAR ETC.versusALL LNDIA SUBSCRLBER ASSOCIATION AND OTHERS ETC.

1993 INSC 212Disposed off

The appellant holding company, which had received Rs 10 crore through chit subscriptions by its subsidiary, failed to pay the subscribers the promised prize money, leading to winding‑up proceedings against the subsidiary. The Kerala High Court held the winding‑up order in abeyance on the condition …

DR. NANDJEE SINGHversusP.G. MEDICAL STUDENTS ASSOCIATION AND ORS.

1993 INSC 213Appeal(s) allowed

Dr. N. Singh, a biochemist attached to Rajendra Medical College, applied for registration as a teacher candidate for the M.D. (General Medicine) examination. The University and the High Court held that he was not a teacher and had not completed the requisite three years of training, including …

GOUTAM KUNDUversusSTTE OF WEST BENGAL AND ANR.

1993 INSC 214Dismissed

Goutam Kundu, husband of the second respondent, was ordered to pay maintenance under s.125 CrPC to his wife and their child. He contested the child's paternity and applied for a blood‑group test of the wife and child, arguing that proof of non‑paternity would relieve him of the maintenance …

UNION OF INDIAversusB. JAYARAMAN AND ORS.

1993 INSC 196Dismissed

The petitioners, who were already serving as Superintendents Grade II, challenged the promotion of former Secretarial Assistants (respondents 2‑13) to Superintendent Grade I. They argued that the note in Schedule VII, Column II of the 1981 Recruitment Rules, which allowed the Assistants’ service …

SARU SMELTING(P) LTD.versusCOMMISSIONER OF SALES TAX, LUCKNOW

1993 INSC 197Dismissed

Saru Smelting (P) Ltd. appealed against the Commissioner of Sales Tax, Lucknow, contending that its phosphorous bronze, made of copper, tin and a small amount of phosphorous, fell within entry 2(a) of Notification No. ST‑II‑333/X‑1012‑1971 and was therefore liable to a reduced sales‑tax rate of 1%. …

SURENDRA PAL SINGHversusTHE BOARD OF REVENUE FOR RAJASTHAN AND ORS.

1993 INSC 198Dismissed

The case concerned the determination of ceiling area for Raghubir Singh under the Rajasthan Tenancy Act, 1955, where the Sub‑Divisional Officer (SDO) treated the father and his minor son Surendrapal Singh as separate units and allotted each 62 bighas 8 biswas. Raghubir Singh appealed the SDO's …

PRITHVICHAND RAM CHAND SABLOKversusS.Y. SHINDE

1993 INSC 199Appeal(s) allowed

The landlord filed an eviction suit under Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which was settled by a compromise decree granting the tenant a grace period to pay arrears and vacate by 10 October 1970, with a concession that the landlord would not …

ALL INDIA IMAM ORGANISATION AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 200Appeal(s) allowed

The All India Imam Organisation filed a writ petition under Article 32 seeking basic wages for imams serving in mosques, alleging exploitation and a disparity between their duties and remuneration. The Union of India and various State Wakf Boards contended that imams are appointed by mutawallis or …