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Judgments of 1994

624 judgments · newest first · showing 1–200

STATE OF KARNATAKAversusVEDANAYAGAM

1994 INSC 624Appeal(s) allowed

The State of Karnataka appealed a High Court judgment that reduced the charge against Vedanayagam from murder to culpable homicide. The accused had stabbed the deceased, Sugumaran, on the left side of the chest with a dagger, causing instant death. The trial court convicted him under Section 302 …

UNION OF INDIA AND ORS.versusUPENDRA SINGH

1994 INSC 623Appeal(s) allowed

The Union of India filed disciplinary proceedings against IRS officer Upendra Singh alleging that, while handling income‑tax proceedings under sections 133A, 144A and 143(1) of the Income Tax Act, he acted illegally by ignoring incriminating evidence, acquiescing to a reduced disclosure by the …

SMT. HARBANS KAURversusUNION OF INDIA AND ORS.

1994 INSC 615Hearing Adjourned

Smt. Harbans Kaur filed a writ of habeas corpus under Article 32 alleging that her three sons were illegally detained, tortured and that one son, Gurbax Singh, died in police custody. The Court observed that two sons, Surinder Pal Singh and Sarvjeet Singh, had been produced before a Judicial …

TATA IRON AND STEEL CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE

1994 INSC 616Appeal(s) allowed

Tata Iron and Steel Co. sold scrap generated during its iron and steel manufacturing process to other parties for conversion into steel ingots. The Central Excise and Gold (Control) Appellate Tribunal held that the scrap was liable to duty under Item 26AA of the Central Excise Tariff Schedule, …

SUNDARAMURTHIversusSTATE OF TAMIL NADU

1994 INSC 617Dismissed

Sundaramurthi (A‑2) was charged with murder, robbery and house‑trespass under Sections 302/34, 392 and 449 IPC. The prosecution relied entirely on circumstantial evidence: four eyewitnesses saw A‑2 and co‑accused A‑1 enter a car shed at the mill and emerge two hours later; fingerprints matched A‑1; …

SH. P.K. SARIN AND ANR. ETC. ETCversusSTATE OF U.PAND ORS ETC.

1994 INSC 618Dismissed

The petitioners, members of the Uttar Pradesh Civil Service (Judicial Branch), challenged two 1975 notifications issued by the Governor under Article 237 of the Constitution which transformed the Uttar Pradesh Judicial Officers Service into a separate judicial service and made its members eligible …

UNITED INDIA INSURANCE CO. LTD.versusNARENDRA PANDURANG KADAM AND ORS.

1994 INSC 620Dismissed

The claimant, a young student, suffered multiple severe injuries in a road accident caused by the negligent driving of a bus insured by United India Insurance. He filed a compensation claim under the Motor Vehicles Act, 1939, which the Motor Accident Claims Tribunal awarded Rs.1,50,000, later …

M/S ASTRA PHARMACEUTICALS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

1994 INSC 621Appeal(s) allowed

Mis Astra Pharmaceuticals manufactured 20% dextrose injections, a drug listed in the Indian Pharmacopoeia and therefore exempt from central excise duty. The company marked its containers with the name "AP‑Astra", which the Revenue Department argued created a monogram establishing a relationship …

KARMALL SINGH AND ANR.versusDARSHAN SINGH AND ORS.

1994 INSC 622Appeal(s) allowed

The Haryana Government, exercising power under Section 4 of the Punjab Gram Panchayat Act, 1952, issued a notification on 18‑12‑1991 amalgamating the Bhorakh and Harigarh Gram Sabhas to curb alleged misuse of office by the Sarpanch of Harigarh, who had illegally appropriated Panchayat land. The …

M.S. USMANI AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 608Appeal(s) allowed

The Railway Board, under para 123 of the Indian Railway Establishment Manual, recruited Traffic Apprentices for supervisory posts, reserving 10% of vacancies for graduates through a competitive examination. The appellants were selected in 1982-83 for Station Master (SM) posts, regularized, and later …

SMT. ISHWARI DEVIversusSMT. SARLA DEVI AND ORS.

1994 INSC 609Appeal(s) allowed

The Supreme Court examined a sale deed executed by Churu Ram in 1976, which described the transfer of a two‑storeyed building called 'Anand Bhavan' situated on 4 biswas of land, while the actual building occupied 7 biswas. The appellant, Ishwari Devi, claimed ownership of the entire building based …

STATE OF ORISSA AND ANR.versusRADHEYSHYAM MEHER AND ORS.

1994 INSC 610Appeal(s) allowed

The State of Orissa decided to open 24‑hour medical stores within hospital campuses to ensure patients could obtain medicines at any time. The Superintendent of the Sub‑Divisional Hospital, Patnagarh, advertised for applications, prompting nearby private medical store owners to file a writ petition …

A. E. RANIversusV.S.R. SARMA AND ORS.

1994 INSC 611Appeal(s) allowed

A.E. Rani filed a complaint under IPC s.395 and the Dowry Act alleging that relatives forcibly took movable articles belonging to her and her deceased husband. The police report concluded no offence, prompting Rani to file a fresh complaint under s.173, s.156(3) and s.190 CrPC. The Metropolitan …

SMT. KAMLA DEVIversusSH. VASDEV

1994 INSC 612Dismissed

The landlord, Smt. Kamla Devi, owned a shop let to Sh. Vasdev who fell behind on rent. After a demand notice, the landlord filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958. The Rent Controller ordered the tenant to pay the arrears within one month under Section …

UNION OF INDIA AND ANR.versusPRATAP SINGH AND ORS. ETC.

1994 INSC 606Appeal(s) allowed

The case concerned civilian employees of the Ministry of Defence who participated in Operations Blue Star and Wood Rose. A Government order dated 20 December 1985 directed that ration allowance in lieu of free rations be payable retrospectively to the entitled categories of defence civilian …

SH. P.G.GUPTA ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1994 INSC 607Dismissed

The Gujarat government converted 396 lower‑income group houses from a rental scheme to a hire‑purchase scheme and set eligibility criteria requiring five years continuous residence, excluding retired servants. Category III employees, who had vacated their Pahari houses for better accommodation in …

M.R. GOPALAKRISHNANversusTHACHADY PRABHAKARAN AND ORS.

1994 INSC 598Dismissed

The appellant, M.R. Gopalakrishnan, contested the election of Thachady Prabhakaran to the Kerala Legislative Assembly, alleging that the counting of votes was irregular due to a cramped hall, that postal ballots were improperly rejected, that double voting and impersonation occurred, and that the …

STATE OF ORISSAversusUNION OF INDIA AND ANR.

1994 INSC 600Appeal(s) allowed

The State of Orissa, owner of mineral resources, issued a notification for regranting a mining area. Applications for mining leases were filed but not disposed of within the 12‑month period prescribed by Rule 24 of the Mineral Concession Rules, 1960, and were therefore deemed refused. The applicants …

SH. SUBASH CHANDRA VERMA AND ORS. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1994 INSC 601Appeal(s) allowed

The Bihar Public Service Commission (BPSC) conducted a screening test and viva voce for 195 Ayurvedic Medical Officer vacancies. Several unsuccessful candidates challenged the process alleging question paper leakage, evaluation by unqualified staff, vague questions with multiple answers, lack of …

M/S SUBHASH AGGRAWAL AGENCIESversusM/S BHILWARA SYNTHETICS LTD. AND ORS.

1994 INSC 597Appeal(s) allowed

Mis Subhash Aggarwal Agencies (appellant) and Mis Bhilwara Synthetics Ltd. (respondent) were members of the Delhi Hindustani Mercantile Association. The appellant claimed Rs 4,51,246.50 and the dispute was referred to a sole arbitrator who, following a High Court direction dated 20‑Nov‑1981, gave a …

CENTRAL COALFIELDS LTD.versusSTATE OF MADHYA PRADESH AND ORS.

1994 INSC 603Dismissed

Central Coalfields Ltd. constructed office buildings and staff quarters in the Singrauli area without obtaining permission from the Special Areas Development Authority (SADA) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. SADA ordered the demolition of the structures under section …

V. LAKSHMANANversusB. R. MANGALAGIRI AND ORS.

1994 INSC 604Dismissed

The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram …

SMT. H.B. USHAversusD.S. RAMACHANDRA

1994 INSC 596Disposed off

In the civil appeal concerning a partnership dispute between Smt. H.B. Usha and D.S. Ramachandra, the parties reached an amicable settlement. The Supreme Court approved the settlement, ordering the appellant to pay a total of Rs. 3.25 crore to the respondent for relinquishing his half‑share in the …

KUMAR JAGDISH CHANDRA SINHA AND ORS.versusMRS. EILEEN K. PATRICIA DROZARIE

1994 INSC 595

Mrs. Sira Menan was a contractual tenant under the West Bengal Premises Tenancy Act, 1956. After her death, the respondent claimed to be her daughter and asserted that she inherited the tenancy. The trial court rejected her claim, holding that even if she were the daughter she was not a tenant …

M/S QUALITY STEEL TUBES (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, U.P.

1994 INSC 591Appeal(s) allowed

Mis Quality Steel Tubes (P) Ltd. manufactured welded steel pipes and tubes using duty‑paid raw material and installed a tube mill and welding head as part of a plant expansion. The Central Excise authorities seized the plant and issued a show‑cause notice alleging that the machinery, classified …

M/S. BASANT INDUSTRIES, AGRAversusCOLLECTOR OF CENTRAL EXCISE

1994 INSC 592Appeal(s) allowed

Mis. Basant Industries, a partnership licensed under the Central Excises and Salt Act, supplied raw materials and components such as castings, shafts and impellers to independent licensed manufacturers for the production of oil‑driven pumps. The Central Excise Department issued a show‑cause notice …

THE STATE OF PUNJABversusAVTAR SINGH AND ORS.

1994 INSC 593Appeal(s) allowed

The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition …

KARSONDAS VIRJI THAKKAR AND ANR.versusJAGANNATH SOWAR VAITY AND ORS.

1994 INSC 594Disposed off

In Suit No. 252/80 filed by K.V. Thakkar and others, the High Court appointed a Court Receiver to take custody of the disputed property. In a separate Suit No. 983/90 filed by Jagannath Sowar Vaity and others for declaration of title, three successive judges ordered that the same Court Receiver …

THE PAPNASAM LABOUR UNIONversusMADURA COATS LTD. AND ANR.

1994 INSC 585Appeal(s) allowed

The Madura Coats Ltd. sought a declaration that Section 25‑M of the Industrial Disputes Act, 1947 (as amended in 1976), which requires prior governmental permission before a lay‑off, violated Article 19(1)(g) of the Constitution. The Madras High Court held the provision ultra vires, relying on the …

ASHOK KUMAR JAIN AND ORS.versusTHE STATE OF BIHAR AND ORS.

1994 INSC 586Appeal(s) allowed

The appellants, senior officials of Rohtas Industries Ltd, were prosecuted for laying off workers without prior permission under Section 25-M of the Industrial Disputes Act after the Bihar State Electricity Board disconnected power due to unpaid dues. The High Court held the prosecution maintainable …

UNION OF INDIA AND ANR.versusSHRI HARISH CHANDER BHATIA AND ORS.

1994 INSC 587Disposed off

The dispute concerned the inter‑se seniority of promotees and direct recruits in the Delhi and Andaman and Nicobar Islands (DANI) Police Service. The respondents, promoted to Assistant Commissioner of Police on an officiating basis under Rule 25, argued that their long‑standing officiating service …

UNION OF INDIA AND ORSversusG. VASUDEVAN PILLAY AND ORS. ETC. ETC .

1994 INSC 588Disposed off

The case concerned ex‑servicemen who were re‑employed in civil posts of the Government of India and the validity of the Union's decision to deny dearness relief (DR) on their pensions and family pensions, as well as to reduce their pay by an amount equivalent to the enhanced pension of those who …

BAJIRAO T. KOTE (DEAD) BY LRS. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 589Dismissed

The State of Maharashtra issued a Gazette notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire a 25 × 25 ft parcel of land for the public trust Saibaba Sansthan, Shirdi, purportedly to connect two temples by a road. The appellants challenged the notification, alleging that …

JAMAAT-E-ISLAMI HINDversusUNION OF INDIA

1994 INSC 579Directions issued

The Central Government declared Jamaat‑e‑Islami Hind an unlawful association under the Unlawful Activities (Prevention) Act, 1967, based on alleged statements questioning India's sovereignty. The declaration was referred to a Tribunal, which, relying on a résumé of intelligence reports and …

MADHYA PRADESH HASTA SHILPA VIKAS NIGAM LTD.versusDEVENDRA KUMAR JAIN AND ORS.

1994 INSC 580Appeal(s) allowed

The Madhya Pradesh Hastashilp Vikas Nigam Ltd., a government company, appointed five individuals as temporary Junior Managers in July 1989, contrary to a State Government order dated 1‑April‑1989 that required prior approval for such appointments. The appointments were later terminated on …

STATE OF U.P.versusVIJAY KUMAR TRIPATHI AND ANR.

1994 INSC 581Dismissed

The respondent, a member of the Uttar Pradesh Civil Services, was censured for allegedly pressurising carpet traders to support students protesting the reservation policy. He challenged the censure under Rule 55‑B(a) of the U.P. Civil Service (Classification, Control and Appeal) Rules, 1930, which …

UNION OF INDIA AND ORS.versusBRG. P. K.DUTTA (RETD)

1994 INSC 583Disposed off

Brigadier P.K. Dutta retired in 1991 and claimed his pension and other retiral benefits, which had not been paid. While his claim was pending, a General Court Martial in 1992 sentenced him to three years' rigorous imprisonment and cashiered him, a decision later confirmed by the Chief of Army Staff. …

GANGADHAR MADHA VRAO BIDWAI (DEAD) BY LRS.versusHANMANTRAO VYANKATRAO MUNGALE

1994 INSC 584Appeal(s) allowed

The plaintiff, a former partner in Messrs Maharashtra Metal Manufacturing Company, claimed that a plot of land purchased by the defendant in 1955 was partnership property, as stated in the Deeds of Dissolution executed in 1961. After the defendant failed to execute a sale deed, the plaintiff filed a …

M/S. BOMBAY OIL INDUSTRIES PVT. LTD.versusUNION OF INDIA AND ORS.

1994 INSC 578Dismissed

Mis Bombay Oil Industries Pvt. Ltd. imported bleachable mutton tallow in April 1978 and claimed a 30% customs duty exemption under Notification 141‑CUS/76, which required the tallow to meet a colour specification. The Customs House tested the tallow using the Indian Standards method (IS 548) and …

L. CHANDRA KUMARversusUNION OF INDIA AND OTHERS

1994 INSC 572Directions issued

The Supreme Court examined the validity of Section 5(6) of the Administrative Tribunals Act, 1985, and broader questions concerning the powers of administrative tribunals under Articles 323‑A and 323‑B of the Constitution. Relying on the earlier decision in S. P. Sampath Kumar v. Union of India, the …

CH. RAMALINGA REDDYversusSUPERINTENDING ENGINEER AND ANR.

1994 INSC 573Appeal(s) allowed

The contractor (appellant) entered into an excavation contract with the State Government and, after disputes, the matter was referred to an arbitrator who rendered an award on 29 July 1985. The award was filed in the court on 5 August 1985, the court gave notice of filing on 7 August 1985, and the …

U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.

1994 INSC 574Appeal(s) allowed

The respondents, appointed ad‑hoc as Assistant Engineers in the U.P. Local Self‑Government Engineering Department, sought inter‑seniority determination. The Allahabad High Court directed the preparation of a fresh seniority list based on a merit list, but the original record could not be traced, …

STATE OF U.P. AND ANR.versusDR. S.K. SINHA AND ORS.

1994 INSC 575Appeal(s) allowed

Dr. L.B. Sinha, a regular lecturer, went on study leave and Dr. S.K. Sinha was appointed as a temporary lecturer against the leave vacancy. The appointment letter expressly stated that the post was temporary, terminable on 24‑hour notice and salary contingent on UGC funds. When Dr. L.B. Sinha …

STATE OF U.P. AND ANR.versusABHAI KISHORE MASTA

1994 INSC 567Appeal(s) allowed

The respondent, an Executive Engineer, was suspended pending a disciplinary enquiry and was later compulsorily retired under Fundamental Rule 56-J while the enquiry was still pending. The High Court quashed both the compulsory retirement, deeming it automatically penal, and the punishment of …

M/S. SHORI LAL AND SONS AND ANRversusDELHI DEVELOPMENT AUTHORITY AND ANR

1994 INSC 569Dismissed

The partnership Mis. Shori Lal and Sons occupied two government plots in Motia Khan and, under the Delhi Development Authority's (DDA) scheme, applied for alternate plots in the Naraina Warehousing Scheme. The DDA allotted them Plot X‑70 (200 sq yds) for one plot and Plot Y‑5 (450 sq yds) for both …

AMAR CHANDversusBHANO AND ANR.

1994 INSC 570Appeal(s) allowed

Amar Chand had stood as a surety for a decree of Rs.10,000, which included mesne profits, owed by the principal debtor Dia Singh to the decree holder. The decree holder later entered into a compromise with Dia Singh, recording it without any reference to the surety. The question before the Supreme …

KRISHI UTPADAN MANDI SAMITI AND ANR.versusMAKRAND SINGH AND ORS. ETC.

1994 INSC 571Appeal(s) allowed

The State notified certain lands for acquisition in the Gazette on 19‑02‑1982 and later issued a declaration under Section 6(1) of the Land Acquisition Act, publishing it in the Gazette on 07‑02‑1985, in newspapers on 04‑06‑1987 and by local notice thereafter. The owners challenged the declaration, …

KARSAN AMBUBHAI SINDHAVversusTHE STATE OF GUJARAT

1994 INSC 563Dismissed

The appellant, Karsan Ambubhai Sindha, owned agricultural land exceeding the ceiling of 54 acres prescribed under the Gujarat Agricultural Land Ceiling Act, 1960. The Tribunal, after excluding the ceiling area, identified 18.23 acres as excess and ordered surrender. The appellant argued that his …

MATHEVAN PADMANABHAN @ PONNAN (DEAD) THROUGH LRS.versusPARMESHWARAN THAMPI AND ORS

1994 INSC 564Appeal(s) allowed

The respondents filed a suit for possession of land alleging that the appellant had surrendered his tenancy and was in illegal possession. The appellant contested, claiming he remained a tenant and sought permission under Section 72‑B of the Kerala Land Reforms Act to purchase the land. The civil …

L. V ASANTHA KUMARIversusBALAMMAL AND ORS.

1994 INSC 565Appeal(s) allowed

The appellant, L. V. Vasantha Kumar, occupied a hut on land that had been sold by Subramonian Pillai to Vaikuntam Pillai in 1955, and later claimed ownership based on an agreement to purchase. The respondent, Balammal, obtained a decree for specific performance of that agreement and subsequently …

KULDIP MAHATON AND ORS.versusBHULAN MAHTO (DEAD) BY L.RS. AND ORS.

1994 INSC 566Appeal(s) allowed

Munnia, the widow of Bigu, held a life estate in property and died in 1932 before the Hindu Women’s Right to Property Act, 1937 came into force. Upon her death, the property reverted to the reversioners – the first respondent (Bhulan) and the appellants – making them co‑owners. Bhulan claimed he had …

SHIVAPPAversusSTATE OF KARNATAKA

1994 INSC 562Appeal(s) allowed

Shivappa was convicted of murder under Section 302 IPC solely on the basis of a confession recorded under Section 164 of the Criminal Procedure Code. The High Court upheld the conviction, holding that the confession, though later retracted, was voluntary and truthful. On appeal, the Supreme Court …

TMT. T.P.K. THILAGAVATHYversusTHE REGIONAL TRANSPORT AUTHORITY AND OTHERS

1994 INSC 558Dismissed

The petitioners, private stage‑carriage operators, challenged the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 which bars the grant of any new permit overlapping a notified route after 30 June 1990. They argued that the cut‑off date created an arbitrary classification violating Article …

SRI SHYAM SUNDER PRASAD AND ORS.versusSRI RAJPAL SINGH AND ANR.

1994 INSC 559Dismissed

The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the …

BAKHTAWAR SINGH AND ANR. ETC. ETC.versusUNION OF INDIA AND ANR.

1994 INSC 560Dismissed

The case concerned acquisition of about 527 acres of land in Bhagualong and surrounding villages for a cantonment. The Land Acquisition Officer initially awarded Rs 22,000 per acre for nehrri and chahi land, which was later enhanced by the Additional District Judge to Rs 36,000 and by the High Court …

TARLOCHAN SINGH AND ANR; ETC. ETC.versusTHE STATE OF PUNJAB AND ORS.

1994 INSC 561Dismissed

The Supreme Court examined appeals by landowners whose 881 acres were acquired under the Land Acquisition Act, 1894 for municipal development. After a series of assessments by the acquisition officer, district judge, single judge and a division bench, the claimants sought further enhancement of …

JUGRAJ SINGH AND ANR.versusLABH SINGH AND ORS.

1994 INSC 557Dismissed

The plaintiffs, Labh Singh and his brother, sued for specific performance of a sale agreement dated 30‑8‑1984 against the original vendor, Jasbir Singh. The petitioners, who had purchased the property later on 4‑1‑1985, were impleaded as necessary parties. All lower courts held that the petitioners …

D. K. JAIN AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS.

1994 INSC 555Dismissed

The State of Haryana relaxed the minimum qualification for ex‑military personnel, appointing diploma‑holding engineers as Assistant Engineers under Rule 3(iii) of the Punjab Government National Emergency (Concession) Rules, 1965, and counted their military service for seniority. The respondents, …

GOODRICKE GROUP LTD. ETC.versusSTATE OF WEST BENGAL AND ORS.

1994 INSC 552Dismissed

The Supreme Court examined writ petitions challenging the West Bengal Taxation Laws (Second Amendment) Act, 1989, which imposed a cess on tea estates calculated per kilogram of green tea leaves produced. The petitioners argued that the levy was a tax on tea production, falling under Union competence …

NARENDER PAL SHARMA AND ANR.versusSTATE OF PUNJAB AND ORS.

1994 INSC 556Appeal(s) allowed

The Supreme Court examined the nomination procedure for nine vacancies in the Punjab Civil Services (Executive Branch) under the 1976 Rules, where the Chief Secretary assigned marks for ACRs, experience, and an ability test, and excluded candidates scoring 33% or less in the ability test. The …

M/S. BHAGATRAM RAJIV KUMARversusCOMMISSIONER OF SALES TAX MADHYA PRADESH AND ORS.

1994 INSC 553Dismissed

The appellants, dealers registered under the Madhya Pradesh Sales Tax Act, imported sugar and other goods listed in Schedule II of the Madhya Pradesh Entry Tax Act into the state for consumption, use or sale. They challenged the entry tax levied under Section 3(1)(a) of the Act, contending that …

M/S SHAKTIKUMAR M. SANCHETI AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 554Dismissed

The petitioners, contractors and dealers of motor vehicles, purchased vehicles outside Maharashtra and brought them into the state, where they were levied an entry tax under the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987. They challenged the tax as unconstitutional, …

STTE OF WEST BENGAL AND ANR.versusMOHAMMAD KHALID AND ORS. ETC. ETC.

1994 INSC 545Appeal(s) allowed

The State of West Bengal appealed against the Calcutta High Court’s order quashing the sanction and the taking of cognizance in a TADA case involving a 1993 bomb explosion that killed 69 people. The High Court had held that the sanction order was invalid, that the Designated Court’s cognizance was …

SANJAY AHLAWATversusM.D. UNIVERSITY AND ORS.

1994 INSC 546Dismissed

The appellant, Sanjay Ahlawat, challenged clause 3(i) of the prospectus of Maharishi Dayanand University, which awarded a ten‑mark weightage to graduates of the sole medical college in Haryana for postgraduate medical admissions. He argued that the rule was arbitrary, discriminatory and violated …

ISHVARBHAI FULJIBHAI PATNIversusSTATE OF GUJARAT

1994 INSC 547Appeal(s) allowed

Ishvarbhai Fuljibhai Patni was convicted under Section 302 IPC and sentenced to life imprisonment. He appealed to the Gujarat High Court, which dismissed his appeal in a brief, cryptic judgment that merely affirmed the conviction without discussing the evidence or the arguments raised. The Supreme …

DOLAT RAM AND ORS.versusTHE STATE OF HARYANA

1994 INSC 548Appeal(s) allowed

The case arose from FIR No. 735 (8 November 1993) alleging dowry death of Sunita, wife of Anil Kumar. The Additional Sessions Judge, Rohtak, granted anticipatory bail under Section 438 CrPC to the parents and brother of the husband, noting that they lived separately from the deceased as evidenced by …

SMT. RATNA @ RATNAVATIversusSYNDICATE BANK AND ORS.

1994 INSC 549Dismissed

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the …

VIRENDRA GAUR AND ORS.versusSTATE OF HARYANA AND ORS.

1994 INSC 550Appeal(s) allowed

The Supreme Court examined whether the Haryana Government could lease municipal land, earmarked as open space for sanitation and recreation, to the Punjab Samaj Sabha for a Dharamshala. The land had been vested in the municipality under the Haryana Municipal Act, 1973 and was reserved under a town …

R. R. KULASEKHARANversusA.P.P.S. COMMISSION AND ORS

1994 INSC 551Dismissed

The petitioners challenged the appointment of candidates to posts reserved for Backward Class (BC‑A) in Andhra Pradesh, arguing that when no local BC‑A candidates were available, the government should have allowed BC‑A candidates from other zones to be considered as non‑local and appointed on merit. …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusBALA MUSALAIAH AND ORS.

1994 INSC 542Dismissed

The Government of Andhra Pradesh issued a 1967 Government Order (G.O.) that prescribed an ad‑hoc rule for retrenching temporary employees, giving preference to Scheduled Caste and Scheduled Tribe (SC/ST) candidates over general‑category probationers and approved probationers. The High Court struck …

RAM AVTAR SHUKLAversusARVIND SHUKLA

1994 INSC 543Disposed off

The case arose from a dispute over the management of a society‑run school where Ram Autar Shukla (petitioner) claimed to be the duly elected manager and Arvind Shukla (respondent) contested the same. After a series of orders by the Assistant Registrar and the High Court, the Supreme Court stayed the …

STATE OF MAHARASHTRAversusM/S. THE BRITANNIA BISCUITS CO. LTD.

1994 INSC 544Appeal(s) allowed

The State of Maharashtra appealed against The Britannia Biscuits Co. Ltd., which sold biscuits in tins and collected a refundable deposit for the tins, refunding it only if the tins were returned within three months. The Assessing Authority treated the amount written off from unreturned tin deposits …

M/S. DURGA RAM PRASADversusGOVT. OF ANDHRA PRADESH

1994 INSC 539Dismissed

The appellant, a contractor, entered into a contract to construct a food‑grains godown for the Government of Andhra Pradesh. The engineer withheld part of the payment alleging that the work was not executed as per the contract. The dispute was referred to an arbitrator who awarded the contractor the …

HIGH COURT OF PUNJAB AND HARYANAversusAMRIK SINGH

1994 INSC 541Appeal(s) allowed

The respondent, a Selection Grade Superintendent of the Punjab and Haryana High Court, had his superannuation extended by two years (re‑employment). During this period he was charged with embezzlement, suspended and a charge‑sheet was issued. After the re‑employment period he was allowed to retire, …

MAC LABORATORIES (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1994 INSC 533Appeal(s) allowed

Mac Laboratories, a manufacturer of Kemicetine Vaginal Suppositories containing chloramphenicol, claimed exemption from excise duty under Notification No. 116/69‑CE (as amended) which exempts "chloramphenicol and its esters for oral and parenteral use". The department issued notices denying …

CONSOLIDATED COFFEE LIMITED AND ANR.versusCOFFEE BOARD AND ANR.

1994 INSC 531Disposed off

The appellants, coffee growers, filed writ petitions seeking to restrain the Coffee Board from using the Pool Fund, created under Section 30 of the Coffee Act, 1942, to pay the purchase tax imposed by the Karnataka Sales Tax Act, 1957. The High Court held that the growers were not liable to pay the …

REGIONAL PROVIDENT FUND COMMISSIONERversusM/S K.T ROLLING MILLS PVT. LTD.

1994 INSC 534Appeal(s) allowed

MIS K. TROLLING MILLS Pvt. Ltd. failed to deposit Employees' Provident Fund contributions for the period July 1968 to October 1977. The Regional Provident Fund Commissioner initiated proceedings in 1985 and, under Section 14‑B of the EPF Act, levied damages of Rs. 52,034.80. The Bombay High Court …

CHAIRMAN AND M.D. SINGARENI COLLIERIES AND ANR.versusM. RAMESH CHANDER AND ORS.

1994 INSC 535

The dispute concerned recruitment to the statutory posts of Welfare Officers under Rule 72 of the Mines Rules. Coal India Ltd. adopted a policy that one‑third of the posts be filled by internal candidates and the remaining two‑thirds by external candidates, with a common written test for all …

STATE OF TAMIL NADU AND ORS.versusANANTHI AMMAL AND ORS.

1994 INSC 532Appeal(s) allowed

The State of Tamil Nadu enacted the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 to acquire land for Harijan welfare projects. The Act was challenged as unconstitutional, alleging violations of Articles 14, 19 and 300A of the Constitution and lack of protection under Articles …

SMT. SITA DEVI (DEAD) BY LRS.versusSTATE OF BIHAR AND ORS.

1994 INSC 537Dismissed

The petitioners challenged the Bihar Agricultural Produce Markets Act, 1960's provision allowing the Market Committee to levy a market fee on buffaloes, bullocks and cows sold in a notified market, arguing that cattle are not agricultural produce. The High Court held that Section 2(1)(a) of the Act, …

SMT. SOORAJ AND ORS.versusS.D.O. AND ORS.

1994 INSC 538Dismissed

Ratan Singh, a Bhoomidar, died leaving 41.49 acres of agricultural land. Under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, the Sub‑Divisional Officer limited the widow's share to 10.38 acres and declared the remainder surplus. The major daughters (appellants) filed a civil suit …

SALES TAX OFFICER KANPUR AND ORS.versusUNION OF INDIA AND ANR

1994 INSC 527

Twenty-six packages of utensils were seized by a Uttar Pradesh sales tax officer because they were being transported without the required documents. The railway argued that the goods were moving from a railway godown to a city booking agency, which it claimed was part of the "Railway" under the …

R.C.SOODversusHIGH COURT OF RAJASTHAN

1994 INSC 528Case Allowed

R.C. Sood, then Registrar of the Rajasthan High Court, was suspended by the High Court under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, on the allegation that he altered a draft recruitment advertisement, changing the age eligibility date from 1 January …

STATE OF GUJARATversusC.G. RAIYANI

1994 INSC 529Appeal(s) allowed

The respondent was initially appointed as a Junior Engineer on an adhoc basis in May 1969 and later selected for regular appointment by the Panchayat Services Selection Board, with regularisation intended to be effective from July 15, 1972. After a provisional promotion in 1978, a common seniority …

DIRECTOR OF EDUCATION AND ORS.versusGAJADHAR PRASAD VERMA

1994 INSC 530Appeal(s) allowed

The respondent, G.P. Verma, was appointed as a clerk in a private aided school during a leave vacancy and the Managing Committee resolved to retain him even after the vacancy ended. The school sought reimbursement of his salary from the Government under the U.P. High Schools and Intermediate …

RAJIV K. GARG AND ORS.versusSHANTI BHUSHAN AND OTHERS

1994 INSC 526Dismissed

The petitioners, members of the legal profession, sought suo motu initiation of criminal contempt proceedings against respondents, who were also lawyers and members of a Sub‑Committee on Judicial Accountability, alleging that they made statements disparaging judges and the judicial system. The …

P.N. KRISHNA LAL AND ORS. ETC. ETC.versusGOVT. OF KERALA AND ANR. ETC. ETC.

1994 INSC 524

The appellants, licensees of arrack and foreign liquor shops, were convicted under sections 57A and 57B of the Kerala Abkari Act (as amended in 1984) for mixing or permitting the mixing of noxious substances such as methanol with liquor, or for failing to take reasonable precautions, and for …

ASSIT. COLLECTOR OF ESTATE DUTY MADRASversusSMT. V. DEVAKI AMMAL, MADRAS

1994 INSC 523Disposed off

The Supreme Court examined two conflicting Madras High Court decisions on the constitutionality of Section 34(1)(c) of the Estate Duty Act, 1953, which mandates aggregation of coparcenary interests of Mitakshara joint Hindu families for estate duty purposes. The issue was whether this provision …

UNION OF INDIA AND ORS.versusKARNAIL SINGH AND ORS.

1994 INSC 525

The Union of India appealed against the High Court’s order granting additional statutory benefits to landowners whose lands in Bhatinda district had been acquired. The original award by the Collector under Section 11 of the Land Acquisition Act was later enhanced by civil courts, but the owners …

SMT. MEERA BHANJAversusSMT. NIRMALA KUMARI CHOUDHARY

1994 INSC 522Appeal(s) allowed

The plaintiff filed a title suit seeking partition and separate possession of two plots, 73 and 74. The trial court granted partition of plot 73 and a declaration of title for plot 74; the High Court later allowed partition of plot 74 as well. The defendant filed a review petition under Order 47, …

STATE OF WEST BENGAL ETC. ETC.versusASHUTOSH LAHIRI AND ORS.

1994 INSC 521

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious …

STA TE OF WEST BENGAL ETC.versusTERRA FIRMA INVESTMENT AND TRADING PVT. LTD.

1994 INSC 518

The State of West Bengal and the Calcutta Municipal Corporation appealed against a Calcutta High Court decision that held the Calcutta Municipal Corporation (Amendment) Act, 1990 unconstitutional for imposing a one‑year ban on applications for high‑rise building plans. The Act introduced Section …

BIBIJAN AND ORS.versusMURLIDHAR AND ORS.

1994 INSC 519Dismissed

The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed …

MAROTIversusTULSIRAM AND ANR

1994 INSC 520

The Managing Trustee of Hanuman Deosthan filed a civil suit for possession of a property, alleging that the plaintiff Trust was the owner. The defendant appealed, claiming he had purchased the property from a predecessor and was therefore the owner. During cross‑examination and before municipal …

CHANDRA SHASHIversusANIL KUMAR VERMA

1994 INSC 515Disposed off

The Supreme Court, acting suo motu, initiated contempt proceedings against Anil Kumar Verma for submitting a forged experience certificate to oppose his wife's petition to transfer a matrimonial suit from Delhi to Unnao. The principal of the college affirmed the certificate was fabricated, and the …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusA.V. VENUGOPALA RAO

1994 INSC 516

The Government of Andhra Pradesh had, pending the finalisation of a seniority list for promotion to Executive Engineer, appointed the senior-most officers in the provisional list as In‑charge to avoid administrative hardship. The Andhra Pradesh Administrative Tribunal later revoked these interim …

SURAJ PAL ETC. ETC.versusSTATE OF HARYANA

1994 INSC 514Dismissed

The appellants Suraj Pal, Nathi and Puran were convicted under IPC sections 395, 396, 397 and 412 for a dacoity that resulted in two murders. The prosecution sought a test identification parade, but the accused voluntarily refused to appear, claiming they had already been shown to the witnesses. The …

SASWAD MALI SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ANR.

1994 INSC 513Appeal(s) allowed

The Supreme Court examined Notification No. 146/74 issued under the Central Excise Rules, 1944, which provided a rebate on excise duty for sugar produced in excess of the average production of the preceding five years. The dispute centered on whether the percentage rebates in sub‑clauses (a) to (e) …

BALBIR SINGH AND ANR.versusSTATE OF PUNJAB

1994 INSC 510Dismissed

The appellants Balbir Singh and Nachhattar Singh were convicted of murder under IPC sections 302 and 34 for inflicting fatal blows with a gandasa. They challenged the conviction on two grounds: that the offence should be culpable homicide under section 325, and that the criminal court lacked …

STATE OF HARYANA AND ANR.versusRAGHUBIR DAYAL

1994 INSC 511Appeal(s) allowed

The State of Haryana appealed a High Court order that had set aside a land acquisition on the ground that the substance of the notification under Section 4(1) and the declaration under Section 6 of the Land Acquisition Act, 1894, were not published in the locality. The Supreme Court examined whether …

DR. GANGA PRASAD VERMA ETC.versusSTTE OF BIHAR AND ORS. ETC.

1994 INSC 512Dismissed

Dr. Ganga Prasad Verma, an Assistant Professor, was promoted to Associate Professor in Neuro‑Surgery, a promotion challenged on the ground that he lacked the M.Ch. qualification required for the post. The High Court set aside the promotion and ordered a fresh consideration in light of the Supreme …

M/S NEW HORIZONS LTD. AND ANOTHERversusUNION OF INDIA AND OTHERS

1994 INSC 505

The Department of Telecommunications invited tenders for printing telephone directories in Hyderabad. New Horizons Ltd. (NHL), a joint venture of Indian firms and a Singaporean company, submitted a tender offering a substantially higher royalty but was rejected on the ground that it lacked …

JASWANT SINGHversusVIRENDER SINGH AND ORS.

1994 INSC 506

The appellant Jaswant Singh and the respondent Virender Singh contested the 1991 Haryana Legislative Assembly election, with the respondent declared elected. The appellant filed an election petition under Sections 81 and 83 of the Representation of the People Act, 1951 alleging irregularities, …

NISAR AND ANRversusSTATE OF U.P

1994 INSC 507Dismissed

The deceased met an unnatural death in her matrimonial home, leading to an FIR that named her husband, mother‑in‑law and two relatives (the brother‑in‑law and sister‑in‑law) as alleged perpetrators. The police charge‑sheeted only the husband and mother‑in‑law under IPC sections 304B and 306, and the …

SUBA SINGHversusSTATE OF PUNJAB

1994 INSC 508

Suba Singh was convicted under Section 302 IPC for the murder of Pritam Singh following a dispute that arose after a betrothal ceremony. The prosecution's case rested on the ocular testimony of two eyewitnesses, Jagtar Singh and Lahora Singh, who identified the appellant as the shooter, and was …

KRISHI UPAJ MANDI SAMITI AND ORS.versusORIENT PAPER AND INDUSTRIES LTD.

1994 INSC 509

Orient Paper Mills bought bamboos from the State Forest Department at depots located within the market area of the Krishi Upaj Mandi Samiti (the appellant). The Samiti levied market fees on the purchase under Section 19 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973. The mill challenged the …

STATE OF RAJASTHANversusARUNA DEVI AND ORS.

1994 INSC 500Appeal(s) allowed

A complaint was lodged against the respondents alleging forgery and conspiracy. The magistrate ordered an investigation under Section 156(3) of the CrPC, after which the police submitted a final report under Section 173(2) stating the complaint was false, and the magistrate accepted it. The police …

M/S. DARSHAN OILS PVT. LTD. AND ANR. ECT. ETC.versusUNION OF INDIA AND ORS.

1994 INSC 501Dismissed

The appellants, Darshan Oils Pvt. Ltd., entered into a contract and opened an irrevocable letter of credit on 3 October 1983 to import fatty acids, which were not canalised under the Import and Export (Control) Act, 1947 policy for 1983-84. On 11 November 1983 the Government issued a public notice …

TARUN BHARAT SINGH, ALWARversusUNION OF INDIA AND ORS.

1994 INSC 502Disposed off

The petitioner, Tarun Bharat Singh, sought criminal contempt proceedings against Dr. Upendra Dublish and Advocate Ratan Katyani for threatening and using abusive language towards a senior Supreme Court advocate during a protest against mining restrictions in the Sariska Tiger Reserve. The Supreme …

SUSHIL AND ORS.versusSTATE OF U.P.

1994 INSC 503

Three accused—Sushil Kumar, Tapeshwar and Ram Niwas—were convicted under IPC sections 302 and 34 for the murder of Jai Prakash. The appellants challenged the conviction on three grounds: (i) a one‑day delay in dispatching the FIR under Section 157 CrPC, (ii) the alleged bias of witnesses who were …

M/S. S.G. GLASS WORKS PRIVATE LTD.versusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS

1994 INSC 504

S.G. Glass Works Private Ltd manufactured glassware manually, using compressed air only in the second mould. The Department issued a show‑cause notice classifying the goods under serial No.1 of Notification No. 329/77, which attracted a higher excise duty, but the appellant argued that the use of …

MAHABIR BISWAS AND ANR.versusSTATE OF WEST BENGAL

1994 INSC 497Disposed off

Mahabir Biswas and Shiba (Bijoy Krishna Dutta) were convicted of murder under IPC 302/34 for the killing of two rickshaw passengers. The prosecution's case rested on retracted judicial confessions of the accused and physical discoveries (a sword, a watch, and a ring) linked to the confessions. The …

SMT. JUTHIKA MULICK AND ANR.versusDR. MAHENDRA YASHWANT BAL AND ORS.

1994 INSC 498Dismissed

The appellant owned premises leased in 1966 to Lall Behari Mullick for his natural life, with a covenant that his heirs must vacate within three months of his death and have no right to hold over. Mullick died within three years, but his heirs remained in possession. The appellant sought eviction, …

COMMITTEE OF MANAGEMENTversusSHAMBU SARAN PANDEY AND ORS.

1994 INSC 499Disposed off

The Principal of a university institution was charged with misappropriating funds and served with a charge‑sheet. He requested inspection of the documents referred to in the charge‑sheet, but the enquiry officer postponed inspection until the final hearing, which the Court held to be a procedural …

SARAT KUMAR DASH AND ORS.versusBISWAJIT PATNAIK AND ORS.

1994 INSC 495Appeal(s) allowed

The case concerned the promotion of Drug Inspectors to Assistant Drugs Controller posts. The Government, lacking statutory rules, adopted the principle of "merit‑cum‑suitability with due regard to seniority" and asked the Public Service Commission (PSC) to evaluate candidates using an objective …

LAND ACQUISITION OFFICER, ELURU ETC.versusSMT. JASTI ROHINI AND ANR. ETC.

1994 INSC 496Appeal(s) allowed

The State acquired 9.47 acres in 1983 and 14.10 acres in 1985 near Eluru for house sites for the poor. The Land Acquisition Officer fixed compensation at Rs 40,000 per acre, but the reference court and the Andhra Pradesh High Court enhanced the market value to Rs 150 per square yard based on the …

M/S GRAVER AND WEIL (INDIA) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BARODA

1994 INSC 490Dismissed

Mis. Graver and Weil (India) Ltd. manufactured sodium bichromate and transferred it to an adjoining Chromic Acid section where chromic‑acid flakes were produced using power. The flakes were removed without payment of excise duty and were seized. The Collector imposed a penalty and ordered …

PT. CHET RAM VASHIST (DEAD) BY LRS.versusMUNICIPAL CORPORATION OF DELHI

1994 INSC 491Order modified

The appellant, the heir of Pt. Chet Ram Vashist, had obtained approval for a lay‑out plan of his private colony, which reserved certain plots for parks and schools. After municipal water supply became available, he applied to the Delhi Municipal Corporation for removal of building restrictions, and …

CALCUTTA MUNICIPAL CORPORATION & ANR.versusSRI ANIL RATAN BANERJEE AND ORS.

1994 INSC 492Appeal(s) allowed

The respondents obtained an eight‑storey building sanction on 27 April 1985 under the Bengal Municipal Act, 1932, but failed to commence construction within two years, causing the sanction to lapse. They later applied for a revised eight‑storey plan and a twelve‑storey plan in 1987, claiming a …

M/S PUNJAB FOOTWEAR LIMITED, JALANDHARversusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

1994 INSC 493Dismissed

Mis Punjab Footwear Ltd. (appellant) manufactured footwear partly in its own factory and partly through Mis Stepwell Industries Ltd. under a licence agreement that allowed Stepwell's workers to operate machines and use electricity within the appellant's premises. The appellant claimed exemption from …

AKHIL BHARAT GOSEVA SANGH ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1994 INSC 489Directions issued

The Supreme Court examined the controversy surrounding the establishment of a mechanised slaughter house (Alkabeer Abattoir) at Rudraram, Medak district, Andhra Pradesh. The petitioner organisations challenged the various permissions granted to the company, arguing that the slaughter house would …

P.A. CHANDRAN AND ORS.versusBOARD OF REVENUE (EXCISE) AND ORS.

1994 INSC 481Disposed off

The Supreme Court examined whether a rule prescribing a 1:1 ratio for promotion of Excise Guards to Excise Preventive Officer, based on possession of the Secondary School Leaving Certificate (SSLC), violated Article 16 of the Constitution. The Court reiterated that higher educational qualifications …

GOVERNMENT OF TAMIL NADU AND ANR.versusA. RAJAPANDIAN

1994 INSC 487Appeal(s) allowed

A. Rajapandian, a Sub‑Inspector of Police, was dismissed after a departmental inquiry found three charges of misconduct proved against him. He challenged the dismissal before the Madras High Court, which transferred the matter to the Tamil Nadu Administrative Tribunal. The Tribunal set aside the …

STATE OF ANDHRA PRADESHversusS.B.P.V. CHALAPATHI RAO ETC.

1994 INSC 482Appeal(s) allowed

The respondents sold 220.25 acres of agricultural land in December 1971 through fourteen sale deeds. The State of Andhra Pradesh contended that the transfers were made to evade the ceiling provisions of the Andhra Pradesh Land Reforms (Ceiling) on Agricultural Holdings Act, 1973, and should be …

HINDUSTAN LEVER EMPLOYEES' UNIONversusHINDUSTAN LEVER LIMITED AND ORS

1994 INSC 483Dismissed

The Supreme Court considered the sanction of a scheme of amalgamation between Tata Oil Mills Company Ltd. (TOMCO) and Hindustan Lever Ltd. (HLL), a subsidiary of the foreign multinational Unilever. The petitioners – nominal TOMCO shareholders, employee unions and consumer groups – challenged the …

MOHD. ASLAM OBHURE, ACCHAN RIZVIversusUNION OF INDIA STATE OF UTTAR PRADESH AND ORS.

1994 INSC 484Disposed off

The Supreme Court entertained contempt proceedings against the Chief Minister of Uttar Pradesh, Kalyan Singh, and the State Government for wilfully disobeying its orders that prohibited any construction on a 2.77‑acre land in Ayodhya acquired under the Land Acquisition Act, 1894. The Court found …

ANIL KUMAR SINGHversusSHIVNA TH MISHRA @ GADASU GURU

1994 INSC 485Dismissed

Daulat Singh filed a suit for specific performance of a land sale; he died and his son continued as legal representative. The plaintiff sought to amend the plaint to implead Shivnath Mishra, alleging Mishra had become a co‑owner of the land by a decree under the U.P. Zamindari Abolition and Land …

BAHADUR SINGH AND ORS.versusSHANGARA SINGH AND ORS.

1994 INSC 486Dismissed

The case concerned lands occupied by respondents Nos.5‑15 since 1931. The Punjab Occupancy Tenants’ Vesting of Property Rights Act, 1952 became effective on 15 June 1951, vesting ownership in occupancy tenants. Although the tenants’ names were not entered in revenue records and they continued to pay …

DR. M. ISMAIL FARUQUI ETC.versusUNION OF INDIA AND ORS.

1994 INSC 479Disposed off

The Supreme Court examined the constitutionality of the Acquisition of Certain Area at Ayodhya Act, 1993 and the Presidential reference under Article 143(1) concerning whether a Hindu temple existed before the Babri Masjid was built. The Court held that the Act was within Parliament’s legislative …

STATE OF HIMACHAL PRADESH AND ORS.versusMANGAT RAM AND ORS.

1994 INSC 488Disposed off

The respondents bought 132 bighas of land in Theog, Shimla, surrounded by forest, to establish an apple orchard, which required felling of trees. They applied for demarcation; an Assistant Collector Grade II demarcated the land on 7 December 1987 and submitted a report stating that verification by a …

UNION OF INDIAversusPRINCE MUFFAKAM JAH AND ORS.

1994 INSC 471Dismissed

The dispute concerned jewellery belonging to two trusts created by the Nizam of Hyderabad. An arbitration award directed the Union of India to pay Rs 180 crore to purchase the items, which was challenged by the Union and the trustees under Sections 15 and 16 of the Arbitration Act, 1940. …

UNION OF INDIAversusPRINCE MUFFAKAM JAH AND ORS.

1994 INSC 472

The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just …

MUNICIPAL CORPORATION OF DELHIversusGANESH RAZAK AND ANR.

1994 INSC 473

The Municipal Corporation of Delhi (appellant) challenged awards granted by the Labour Court to daily‑rated/casual workers (respondents) who claimed equal pay with regular employees under the principle of equal pay for equal work. The workers sought computation of arrears of wages at the regular …

UNION OF INDIAversusN.P. DHAMANIA,

1994 INSC 474

N.P. Dhamania, an officer of the Indian Telecommunication Service, was recommended for promotion to Senior Administrative Grade Level‑II by the Departmental Promotion Committee (DPC). The Appointments Committee of the Cabinet (ACC) returned the panel for a "rigorous review" and subsequently excluded …

SUB-COMMITIEE ON JUDICIAL ACCOUNTABILITYversusJUSTICE V. RAMASWAMY

1994 INSC 475Dismissed

The Sub‑Committee on Judicial Accountability filed a suo motu criminal contempt petition against Justice V. Ramaswamy, alleging that a letter he wrote to the Enquiry Committee under the Judges (Inquiry) Act, 1968 contained sweeping allegations against judges and the judiciary. The petition invoked …

AWAS EVAM VIKAS PARISHADversusGYAN DEVI (DEAD) BY L.RS. AND ORS.

1994 INSC 476

The Uttar Pradesh Awas Evam Vikas Parishad (the Board), a statutory body acquiring land for a housing scheme, was not impleaded in the compensation proceedings before the tribunal and the High Court. The land owners challenged the compensation awarded, leading to enhanced awards by the High Court, …

SMT. RAMTI DEVIversusUNION OF INDIA

1994 INSC 477Dismissed

Ramti Devi filed a suit on 30 July 1966 seeking a declaration that she was the absolute owner of a house and that the sale deed dated 29 January 1947, by which the defendant had allegedly alienated the property, should be avoided or cancelled. The trial court dismissed the suit and the Delhi High …

K.S. PARIPOORNANversusSTATE OF KERALA AND ORS.

1994 INSC 478Case Partly allowed

The case concerned a land acquisition where the Collector’s award was made on 30 December 1980 and possession taken in early 1981. The civil court, on reference, enhanced the compensation on 28 February 1985 and the enhanced amount was deposited in 1986. The High Court confirmed the enhanced …

M/S KHODAY DISTILLERIES LTD. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1994 INSC 466Disposed off

The petitioners, wholesale liquor traders, challenged several Karnataka excise rules and a Kerala government order, alleging that they violated their fundamental right under Article 19(1)(g) to carry on trade or business in liquor and were inconsistent with Articles 14, 47, 300A, 301 and 304. The …

DELHI DOMESTIC WORKING WOMEN'S FORUMversusUNION OF INDIA AND ORS.

1994 INSC 467Disposed off

The Delhi Domestic Working Women's Forum filed a public interest litigation under Article 32 on behalf of four tribal domestic servants who were sexually assaulted by army personnel on a train, seeking a scheme for compensation and rehabilitation. The petition argued that the National Commission for …

D.C. BHATIA AND ORS.versusUNION OF INDIA AND ANR.

1994 INSC 468Dismissed

The Supreme Court examined the constitutional validity of Section 3(c) of the Delhi Rent Control Act, 1958 (as amended in 1988), which excludes premises with a monthly rent exceeding Rs 3,500 from the Act’s protection. The appellants argued that the classification was arbitrary, violated Article 14, …

U.P. STATE INDUSTRIAL DEVELOMENT CORPORATION LTDversusSTATE OF U.P. AND ORS.

1994 INSC 470Appeal(s) allowed

The Collector of Uttar Pradesh passed awards determining compensation for land acquired by the U.P. State Industrial Development Corporation Ltd. Some claimants accepted the compensation, while others protested and obtained enhanced awards from the District Judge under Section 18 of the Land …

THE STATE OF KARNATAKA AND ORS.versusSHANKARA TEXTILES MILLS LTD.

1994 INSC 461Appeal(s) allowed

Shankara Textiles Mills Ltd. owned 49 acres of land, part of which had been lawfully converted to non‑agricultural use under Section 95(2) of the Karnataka Land Revenue Act, while the remaining 36 acres remained agricultural. The Improvement Board acquired 28 acres of the agricultural portion under …

STATE OF U.P.versusU.P. GOVT. COUNSEL (CRL.) WELFARE ASSOCIATION

1994 INSC 462Appeal(s) allowed

The Allahabad High Court had held that the Uttar Pradesh government could not dispense with the services of its standing counsel, prompting the Governor to issue the Uttar Pradesh Government Litigation (Engagement of Counsel) Ordinance, 1991 to regulate counsel assignments and fees. The High Court …

KASINKA TRADING AND ANR. ETC. ETC>versusUNION OF INDIA AND ANR.

1994 INSC 463Dismissed

The appellants, importers of PVC resins and aluminium products, relied on government notifications under Section 25(1) of the Customs Act, 1962 that exempted their goods from customs duty up to a specified date. The Central Government later issued withdrawal notifications before the expiry dates, …

PRAHLAD K. MODI AND ORS. (DEAD) BY LRS.versusSTATE OF GUJARAT

1994 INSC 464Dismissed

The appellants challenged the Gujarat High Court's finding that two acres of land in Sahikpur Bogha, Ahmedabad district, vested in the State under the Bombay Personal Inams Abolition Act, 1952. They argued that Section 5 allowed the inamdar to retain land used for building or non‑agricultural …

VAMAN PRABHU MAHAMBREversusMARIA ALCINA DE MENEZES E GONSALVES AND ORS.

1994 INSC 465Dismissed

The husband of the first respondent hypothecated his house and land in 1954 for a loan of Rs.12,500 and later migrated to Portugal. The property was declared evacuee under the Goa, Daman & Diu Administration of Evacuee Property Act, 1964 and was sold at public auction to the appellant, who obtained …

M/S NEW KENILWORTH HOTELS (P) LTD.versusASHOKA INDUSTRIES LTD. AND ORS.

1994 INSC 460Dismissed

Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial …

RAM KUMARversusTHE STATE OF HARYANA

1994 INSC 454Dismissed

Ram Kumar and three co‑accused were charged with murder and attempt to murder arising from a land‑dispute. The trial court acquitted all, holding that the FIR was ante‑timed, that there was an unexplained delay in filing the FIR and in sending the special report to the magistrate, and that the …

R. RAJAGOPAL@ R.R. GOPAL AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1994 INSC 455Case Allowed

The editors of the Tamil weekly Nakkheeran sought a writ under Article 32 to publish the alleged autobiography of condemned prisoner Auto Shankar, claiming the State and prison officials were trying to suppress it. The Court, without deciding the factual dispute over authorship, examined whether a …

STATE OF MAHARASHTRAversusSHARADCHANDRA VINAYAK DONGRA AND ORS.

1994 INSC 453Case Partly allowed

The State of Maharashtra raided a brewery and registered offences under the Bombay Prohibition Act in 1985. After a year, five charge‑sheets were filed on 21 November 1986 before the Chief Judicial Magistrate (CJM), along with two applications: one seeking condonation of any delay in filing the …

TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD.versusTHE STATE OF BIHAR AND ANR.

1994 INSC 457Appeal(s) allowed

Tata Engineering & Locomotive Co. Ltd., a manufacturer of motor vehicles, purchased items such as tyres, tubes and batteries and claimed a concessional sales tax rate of 1% under Section 13(1)(b) of the Bihar Finance Act, 1981 and Notification S.O. 604. The Deputy Commissioner rejected the claim, …

STATE OF MIZORAMversusBIAKCHHAWNA

1994 INSC 459Appeal(s) allowed

The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. …

SMT. NEERAJA SARAPHversusSH. JAYANT V. SARAPH AND ANR.

1994 INSC 448Disposed off

The appellant, an Indian teacher, was married to an NRI doctor who returned to the United States shortly after the wedding and later obtained a foreign decree of annulment, leaving her deserted. She filed a suit in forma pauperis for damages, which was decreed ex parte for Rs 22 lakhs. The Delhi …

HEM CHANDversusSTATE OF HARYANA

1994 INSC 446Dismissed

Hem Chand, a police employee, was convicted under Sections 304‑B (dowry death) and 498‑A of the IPC for the strangulation death of his wife Saroj Bala within seven years of marriage. The trial court sentenced him to life imprisonment for the dowry death and two years for cruelty; the High Court …

ARVINDER SINGHversusSTATE OF U.P. AND ORS.

1994 INSC 449Disposed off

Arvinder Singh filed a writ petition under Article 32 alleging that he, his wife Nidhi, and other family members were illegally detained, assaulted, and tortured by police officers in Bareilly, Uttar Pradesh. The District Judge conducted an inquiry, examined witnesses and concluded that the police …

U.P JAL NIGAM AND ANR.versusNARESHWAR SAHAI MATHUR AND ANR.

1994 INSC 450Appeal(s) allowed

The case concerned a promotion grievance of government servants in U.P. Jal Nigam, where the petitioners sought relief through a writ under Article 226 of the Constitution instead of first approaching the specially constituted U.P. Public Service Tribunal. The Allahabad High Court had earlier …

STATE OF BIHAR AND ORS.versusBAGESHWARI PRASAD AND ANR.

1994 INSC 451Appeal(s) allowed

The Supreme Court examined a dispute concerning promotion of a reserved‑category employee to the post of Office Superintendent in Bihar. The State had issued a circular with a roaster that earmarked the second vacancy for Scheduled Castes and the fourth for Scheduled Tribes, while other vacancies …

NOORDUDDINversusDR. K.L. ANAND

1994 INSC 452Appeal(s) allowed

The appellant, Noorduddin, claimed an independent right, title and interest in land (Khasra No.179) that he alleged was part of his ancestral property and not covered by the sale of evacuee lands (Khasra Nos.13 and 14) to Dr. K.L. Anand. The respondent sought possession of the latter parcels under a …

RAM CHANDversusRANDHIR SINGH AND OTHERS

1994 INSC 439Appeal(s) allowed

The case concerned a sale of agricultural land by Mitter Sen, the mortgagor‑vendor, to Randhir Singh and others. The appellants, Ram Chand and his heirs, were tenants of the land, having been inducted by the usufructuary mortgagee under Section 76(a) of the Transfer of Property Act. They claimed a …

V.SREENIVASA REDDY AND ORS.versusGOVT. OF A.P. AND ORS.

1994 INSC 441Dismissed

The appellants were temporarily appointed as Assistant Executive Engineers under Rule 10(a)(i)(1) of the Andhra Pradesh Service Rules in 1980 and later regularised in 1984. The PSC candidates, selected through direct recruitment in 1981, were appointed to the same service in May 1984. The dispute …

STATE OF KARNATAKAversusSRI K. VASUDEVA MAYYA AND ANR.

1994 INSC 442Dismissed

Respondents, senior officers of the Karnataka Administrative and Secretariat Services, retired at the statutory superannuation age of 55 and were immediately re‑employed on a contract basis under Rule 313(b) of the Karnataka Civil Services Rules, 1957. While they were in re‑employment, the State …

SRIKANT KASHINATH JITURI AND ORS.versusCORPORATION OF THE CITY OF BELGAUM

1994 INSC 440Dismissed

The Corporation of the City of Belgaum revised property tax in 1984, and the plaintiffs filed a representative civil suit alleging that the increase was arbitrary, unreasonable, illegal, that assessors inspected properties without notice, and were pressured to raise taxes. The suit was dismissed by …

SUKHPALversusSTATE OF HARYANA

1994 INSC 443Dismissed

The appellant Sukhpal was apprehended in a notified area with a .315 bore rifle and 109 live cartridges, without any licence, and was charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 read with Section 25 of the Arms Act, 1959. The prosecution relied on the …

M/S. SITARAM AND BROS.versusSTATE OF RAJASTHAN AND ORS.

1994 INSC 444Dismissed

The petitioners challenged the Rajasthan Excise Amendment Act, 1985, which added Section 17A and the class "Mollasses" to Section 41(2)(d) of the Rajasthan Excise Act, 1950, alleging that it conflicted with the central Mollasses Control Order, 1961 made under the Industries (Development and …

SELVARAJANversusMEENAKSHI AMMAL

1994 INSC 445Dismissed

The petitioner, an agriculturist, sought to have arrears of rent, which had been transformed into a debt by a decree against his father (who was a surety), scaled down under Section 19 of the Tamil Nadu Agriculturists Relief Act, 1938 (as amended 1973). The respondent argued that rent is expressly …

JOSEPH KURIEN PHILIP JOSEversusSTATE OF KERALA

1994 INSC 434Appeal(s) allowed

The case arose from the 1981 Punalur liquor tragedy in Kerala where arrack adulterated with methyl alcohol caused several deaths. Joseph Kurian (A‑4) managed the Punalur depot and Philip Jose (A‑1) controlled it; both were convicted by the trial court under IPC sections 272 (adulteration) and 328 …

M/S. RAINBOW INDUSTRIES (P) LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, VADODARA

1994 INSC 435Appeal(s) allowed

Rainbow Industries, a dye‑stuff manufacturer, filed a price list under Rule 173(2) of the Central Excise Rules, 1944 for sales to related persons, which the department approved effective 1 October 1975. About a year later the department issued a show‑cause notice demanding revision of the assessable …

BABUA RAMversusSTATE OF U.P.

1994 INSC 437Disposed off

The case concerned the interpretation of Section 28A of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act, particularly its prospective operation, the definition of “aggrieved person”, the computation of the three‑month limitation period, and whether awards of higher compensation …

K.A. MOHAMMED ALIversusC.N. PRASANNAN

1994 INSC 438Disposed off

Advocate K.A. Mohammed Ali was convicted by the Kerala High Court under Section 12 of the Contempt of Courts Act, 1971 for raising his voice, using derogatory language against a magistrate, publishing posters and staging a demonstration. The High Court imposed a fine of Rs. 2,000 and ordered the …

M/S JAGATJIT SUGAR MILLS ETC.versusSTATE OF PUNJAB AND ANR.

1994 INSC 430Dismissed

Jagatjit Sugar Mills Co. Ltd. purchased sugarcane from growers and cooperative societies for sugar production. The Assessing Authority issued a notice demanding purchase tax and a penalty, alleging the mill had failed to pay tax under the Punjab General Sales Tax Act, 1948. The mill contended that …

BHANWAR LALversusSATYANARAIN AND ANR.

1994 INSC 431Appeal(s) allowed

The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court …

KONDIRAM BIKHU KIRDATversusKRISHNA BIKHU KIRDAT

1994 INSC 432Case Partly allowed

The appellant Kondiba and the plaintiff Krishna, brothers belonging to a Hindu joint family, filed a suit for partition of several properties. The trial court limited the decree to two items, while the appellate court ordered partition of all suit properties subject to the appellant contributing …

MUNICIPAL CORPORATION OF DELHIversusDY. COMMISSIONER OF POLICE (LICENCING) AND ANR.

1994 INSC 426Disposed off

The Supreme Court considered an appeal by the Municipal Corporation of Delhi (MCD) against the Dy. Commissioner of Police (Licensing) and others concerning the construction of a cinema building. The issue arose after an amendment to the Delhi Cinematograph Rules, 1981, which replaced the MCD with …

K.R. SRINIVASversusR.M. PREMCHAND AND ORS.

1994 INSC 427Appeal(s) allowed

K.R. Srinivas, son of the then Vice‑Chancellor of Andhra University, obtained a higher mark after revaluation of his answer sheets, which had been destroyed as per university regulations. Dr. R.M. Premchand, a research scholar, filed a public‑interest writ petition under Article 226 challenging the …

SULEKH CHAND AND SALEK CHANDversusCOMMISSIONER OF POLICE AND ORS.

1994 INSC 428Appeal(s) allowed

The appellants, police officers promoted from Assistant Sub‑Inspector to Sub‑Inspector, claimed that their promotion should be back‑dated to 1 October 1982. The respondents, the Commissioner of Police, denied the promotion on the ground that the officers had been charged under section 5(2) of the …

LIFE INSURANCE CORPORATION OF INDIAversusVISHWANATH VERMA AND ORS.

1994 INSC 429Appeal(s) allowed

The Jabalpur Municipal Corporation introduced a Family Benefit Fund Scheme whereby employees made voluntary contributions and, in return, received lump‑sum payments on retirement or on death of the employee to his family. The Life Insurance Corporation of India (LIC) contended that the scheme …