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Judgments of 1994

624 judgments · newest first · showing 201–400

STATE OF RAJASTHANversusSHRI UMRAO SINGH

1994 INSC 423Appeal(s) allowed

The respondent’s father died while serving as a Sub‑Inspector, and the respondent was appointed as a Lower Division Clerk on compassionate grounds. After accepting that appointment, he sought a promotion to Sub‑Inspector, which was denied, leading him to file a writ petition. The Rajasthan High …

UDAY PRATAP SINGH AND ORS.versusTHE STATE OF BIHAR AND ORS.

1994 INSC 422Dismissed

The appellants, originally members of the Junior Branch of the Bihar Finance Service, were merged into the Senior Branch by a government resolution dated 2 November 1975, purportedly with retrospective effect from 1 April 1974. The respondents, who were direct recruits to the Senior Branch on 12 May …

M/S MOORCO (INDIA) LTD. MADRASversusTHE COLLECTOR OF CUSTOMS, MADRAS

1994 INSC 424Appeal(s) allowed

Mis Moorco (India) Ltd., a manufacturer of volumetric displacement type flow meters, imported components and accessories for use in its meters. The Assistant Collector classified the accessories under tariff heading 90.26, a general heading, relying on clause (c) of Rule 3 of the General Rules for …

ALI MUSTAFFA ABDUL RAHMAN MOOSAversusSTATE OF KERALA

1994 INSC 419Appeal(s) allowed

The appellant, a Kuwaiti national, was caught at Quilon railway station with 780 grams of charas and was convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, receiving 11 years' rigorous imprisonment and a fine of Rs.1 lakh. The High Court reduced the term …

UNION OF INDIAversusGHAMANDIRAM KEWALJI GOWANI

1994 INSC 420Dismissed

The Union of India appealed against the quashing of a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Ghamandiram Kewalji Gowani, who died during the pendency of the appeal. The appellant sought substitution of the deceased’s …

M/S. TAMIL NADU HOUSING BOARDversusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS AND ANR.

1994 INSC 421Appeal(s) allowed

The Tamil Nadu Housing Board, a statutory body registered under the Factories Act, operated a concrete unit (licensed) and a wood‑working unit (unlicensed) whose products were used only in its own buildings. The Central Excise Department issued a show‑cause notice alleging duty evasion on the wood …

CHANDIGARH ADMINISTRATION ETC. ETC.versusK.K. JERATH

1994 INSC 418Dismissed

The respondent, an Electrical Engineering graduate, rose through the Chandigarh Administration's engineering service to Superintending Engineer and claimed eligibility for promotion to Chief Engineer when the post became vacant. The Chandigarh Administration sought to fill the vacancy by deputation …

DELHI DEVELOPMENT AUTHORITYversusPUSHPENDRA KUMAR JAIN

1994 INSC 416Appeal(s) allowed

The Delhi Development Authority (DDA) allotted a flat to the respondent after a draw of lots on 12 October 1990, but the allotment‑cum‑demand letter was sent only on 9‑13 January 1991. In the interim, DDA revised land rates by a circular dated 6 December 1990, and the respondent was asked to pay the …

M/S. SAHAKARI KHANO UDYOG MANDALI LTD.versusTHE STATE OF GUJARAT

1994 INSC 417Dismissed

The appellant, a cooperative society engaged in sugar manufacturing, obtained sugarcane from its farmer members, gave them advances, and processed the cane into sugar. The Sales Tax Officer assessed purchase tax under Section 14B of the Bombay Sales Tax Act, 1959, holding the supply to be a …

INDIAN TOOL MANUFACTURERSversusASSTT. COLLECTOR OF CENTRAL EXCISE, NASIK AND ORS.

1994 INSC 413Dismissed

Indian Tool Manufacturers produced carbide "throw‑away" inserts that were initially classified under Tariff Item 68, later under Item 51A(iii) after an amendment, and subsequently re‑classified by the Assistant Collector of Central Excise as Item 62 (Tool Tips). The manufacturer appealed the …

H.M.M. LIMITEDversusTHE COLLECTOR OF CENTRAL EXCISE

1994 INSC 415Appeal(s) allowed

H.M.M. Ltd. claimed that the metal screw caps used to seal bottles of Horlicks are component parts of the finished product and therefore eligible for a duty exemption under Notification No. 201/79‑CE. The Collector (Appeals) allowed the claim, but the Customs, Excise & Gold (Control) Appellate …

INDIAN EXPRESS NEWSPAPERS (P) LTD. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1994 INSC 414Case Partly allowed

The Indian Express Newspapers and other newspaper establishments challenged two 1989 government orders that gave effect to the Bachawat Wage Board's recommendations fixing wage scales, grades, house rent and city compensatory allowances under the Working Journalists and Other Newspaper Employees …

COMMISSIONER OF WEALTH TAXversusM/S. SHRAVAN KUMAR SWARUP AND SONS, ETC. ETC.

1994 INSC 411Dismissed

The assessee, a Hindu Undivided Family, challenged the valuation of its residential properties for the assessment years 1977-78 and 1978-79, contending that Rule 1BB of the Wealth Tax Rules, 1957 (effective 1 April 1979) should be applied even though the assessments were made after the rule’s …

SHIVAPPA TAMMANNAPPA KARABANversusPARASAPPA HANAMMAPPA KURABAN AND ORS.

1994 INSC 412Dismissed

The appellant, a holder of a village office (Walikarki) under the Karnataka Village Offices Abolition Act, 1961, claimed exclusive ownership of land regranted to him after the abolition of the office. Upon partition, he received only one‑fifth of the property while the respondents, other members of …

PAVAI AMMAL VAIYAPURI EDUCATION TRUSTversusGOVERNMENT OF TAMIL NADU AND ORS.

1994 INSC 408Hearing Adjourned

The Supreme Court entertained a Special Leave Petition filed by P. Av. Education Trust, a private law college, challenging the admission procedures imposed by the Government of Tamil Nadu. The petition raised the question whether the scheme laid down in Unnikrishnan v. State of Andhra Pradesh (1993) …

SHYAM SUNDER DUTTAversusBAIKUNTHA NATH BANERJEE (DEAD) BY LRS. AND ORS.

1994 INSC 409Appeal(s) allowed

The appellant filed successive partition suits over property where a court‑appointed receiver (1933‑1941) had inducted the respondents as occupants. After the receiver’s discharge, the respondents claimed tenancy rights by adverse possession. The trial court and the appellate court found that the …

STATE OF MADHYA PRADESH AND ORS.versusM/S. KRISHNADAS TIKARAM

1994 INSC 410Appeal(s) allowed

The respondent was granted a mining lease in 1966 to extract limestone from a forest area, which expired in 1986. After the Forest Conservation Act, 1980 came into force, any grant or renewal of such a lease required prior approval of the Central Government under Section 2. The State Government …

NEDURIMILLI JANARDHANA REDDYversusPROGRESSIVE DEMOCRATIC STUDENTS UNION AND ORS.

1994 INSC 401Dismissed

The Supreme Court examined the Andhra Pradesh Government's grant of permission to twenty societies to establish unaided private medical and dental colleges. The Court found that the State had framed the 1992 Rules and invited applications before constituting the "competent authority" mandated by the …

KANTA DEVIversusUNION OF INDIA AND ORS.

1994 INSC 403

The Supreme Court heard two writ petitions on 20 September 1994. In Kanta Devi v. Union of India, a widow of an ex‑serviceman was denied family pension because the Army Instructions No. 51 of 1980 excluded marriages contracted after retirement; the Court held the exclusion to be harsh, heartless and …

UNION OF INDIAversusS. VIJAYKUMAR AND ORS

1994 INSC 405Appeal(s) allowed

The Supreme Court examined whether civil servants who are residents of the North‑Eastern Region, but appointed to posts with "All India Transfer Liability", are entitled to a special duty allowance. The Central Administrative Tribunal had held they were entitled, relying on an Office Memorandum of …

NIAZ MOHAMMAD AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS.

1994 INSC 402Dismissed

The petitioners, instructors under Haryana's Adult and Non‑formal Education Scheme, sought contempt proceedings against the State of Haryana and the Union of India for allegedly failing to pay arrears as directed by the Supreme Court on 2 June 1988, which required them to receive pay on par with …

UNION OF INDIA AND ORS.versusSAYED MUZAFFAR MIR

1994 INSC 406Dismissed

The respondent, a railway employee, gave three months' notice on 22 July 1985 to retire voluntarily under Article 1802(b) of the Indian Railway Establishment Code, with the notice period ending on 21 October 1985. While the notice period was pending, he was suspended in a disciplinary proceeding and …

V. SUJATHA ETC. ETC.versusTHE STATE OF KERALA AND ORS.

1994 INSC 397Appeal(s) allowed

The Supreme Court examined three sets of appeals arising from a bus‑driver case, a food‑exporter case, and several petitions seeking expunction of adverse judicial remarks. In the bus‑driver appeal, the Court held that the High Court had erred in overturning the Chief Judicial Magistrate’s acquittal …

MADHYA PRADESH PUBLIC SERVICE COMMISSIONversusNAVNIT KUMAR POTDAR AND ANR. ETC. ETC.

1994 INSC 398Appeal(s) allowed

The Madhya Pradesh Public Service Commission advertised for Presiding Officers of Labour Courts, requiring a minimum of five years' practice as an advocate under Section 8(3)(c) of the Madhya Pradesh Industrial Relations Act, 1960. Because of a large number of applications for four general‑category …

SAHIB RAMversusTHE STATE OF HARAYANA AND ORS.

1994 INSC 399Appeal(s) allowed

Sahib Ram was appointed as a librarian in a government college in 1972 on a pay‑scale of Rs 220‑550. Following UGC recommendations, the Government of India upgraded the librarian pay‑scale to Rs 700‑1600, subject to a minimum educational qualification of first or second class M.A./M.Sc./M.Com. plus …

M/S. KALIMPONG LAND AND BUILDING LTD. AND ANRversusSTATE 0F WEST BENGAL AND ORS.

1994 INSC 394Appeal(s) allowed

The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 …

M/S LIPTON INDIA LTD. ETC. ETC.versusUNION OF INDIA AND ORS.

1994 INSC 395Case Allowed

Lipton (India) Ltd., a vanaspati manufacturer, sought a refund of sales tax paid on imported oil purchased from the State Trading Corporation (STC) for the period Dec 1984‑May 1988. The refund claim was based on the Parmeshwaran Committee formula, which required reimbursement of tax "subject to …

STATE OF RAJASTHANversusPURI CONSTRUCTION CO. LTD. AND ANOTHER

1994 INSC 396Disposed off

The State of Rajasthan and Puri Construction Co. Ltd. entered into a dam‑construction contract containing an arbitration clause. Disputes were referred to two retired judges as arbitrators, who awarded Rs 1 crore in favour of the contractor. The State challenged the award on grounds of arbitrator …

INDER SINGHversusSTATE OF PUNJAB AND ORS.

1994 INSC 392Disposed off

The petitioner, Inder Singh, filed a habeas corpus petition under Article 32 of the Constitution seeking the release of seven of his relatives who were allegedly abducted by a senior police officer, Baldev Singh, D.S.P., and six other policemen in October 1991. The victims remain untraced; a FIR was …

MANAGING DIRECTOR, ETC.versusK. RAMACHANDRA NAIDU AND ANR.

1994 INSC 393Appeal(s) allowed

The first respondent, a private transport operator, filed a writ petition in the Madras High Court challenging the scheme of nationalisation under Section 68(d) of the Motor Vehicles Act, 1939. The High Court allowed the petition and the appellant, the Managing Director, filed a timely writ appeal, …

UNION BANK OF INDIAversusCHANDRAKANT GORDHANDAS SHAH

1994 INSC 390Appeal(s) allowed

Union Bank of India, the landlord, sued for eviction of its tenant and the tenant's sub‑tenant, C.G. Shah, alleging rent default and unauthorised sub‑letting. Shah claimed he was a lawful sub‑tenant before the 1959 amendment of the Bombay Rents Act and alternatively a protected licensee under …

COMMISSIONER OF INCOME TAX, HYDERABADversusM/S. P.J. CHEMICALS LTD. ETC.

1994 INSC 391Disposed off

The Supreme Court examined whether a government cash subsidy, granted as a percentage of an industrial asset's capital cost, could be deducted from the "actual cost" of the asset under Section 43(1) of the Income‑Tax Act, 1961 for the purpose of computing depreciation under Section 32. The Court …

SYNDICATE BANK AND ANR. ETC. ETCversusSH. K. UMESH NAYAK ETC. ETC.

1994 INSC 385Appeal(s) allowed

The Supreme Court examined whether bank employees on strike were entitled to wages for the strike period. It held that entitlement to wages requires the strike to be both legal and justified, and that questions of legality and justifiability are within the exclusive jurisdiction of the industrial …

SMT. RAMA DUBEY (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1994 INSC 387Appeal(s) allowed

Two brothers, Gajadhar and Harjeet, gifted eleven plots of land to their niece, Smt. Rama Dube, by a registered deed in 1960, and Harjeet later bequeathed two additional plots to her by will. Rama initiated consolidation proceedings in 1971 to have her name entered in the land records; notice was …

SMT. SHYAMA DEVI AND ORS.versusMRS. MANJU SHUKLA AND ANR.

1994 INSC 382Disposed off

A partition suit was filed in 1965 and a preliminary decree was passed in 1975. Jamuna Prasad (J) died in 1987 leaving his widow, two sons and four daughters, one of whom claimed a one‑third share of the property. The Supreme Court, in an earlier order dated 3 March 1992, directed that the shares of …

UNION OF INDIAversusK. B. KHARE AND ORS.

1994 INSC 383Appeal(s) allowed

The case concerned a senior District Judge of the Madhya Pradesh Judicial Service who retired voluntarily and was appointed as a Member of the Central Administrative Tribunal (CAT). He sought to combine his prior state judicial service with his CAT service to obtain a single, consolidated pension, …

K.S. P ARIPOORNANversusSTATE OF KERALA AND OTHERS

1994 INSC 380Disposed off

The bench examined whether the additional compensation provision (Section 23(1‑A)) inserted by the Land Acquisition (Amendment) Act, 1984 applies to acquisition proceedings that were pending before the reference court on 24 September 1984, regardless of when the Collector’s award was made. The …

CHAIRMAN, PURI GRAMYA BANK AND ANR.versusANANDA CHANDRA DAS AND ORS.

1994 INSC 384Disposed off

The Supreme Court heard an appeal by the Chairman of Puri Gramya Bank challenging the High Court's order that seniority among directly recruited managers should be based on the date of reporting to duty. The respondents had been selected by a Selection Board which prepared a merit list based on the …

STATE OF GOA AND ORS.versusM/S. A.H. JAFFAR AND SONS

1994 INSC 373Appeal(s) allowed

M/s A.H. Jaffar and Sons applied for a bauxite mining lease in Goa, but the application was not disposed of within the 12‑month period prescribed by Rule 11 of the Mineral Concession Rules and was deemed rejected. The respondents filed a revision under Section 30 of the Mines and Minerals Regulation …

SANJAY DUTTversusTHE STATE THROUGH C.B.I. BOMBAY

1994 INSC 371Dismissed

The petitioners, accused in the 1993 Bombay blast case, were charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for knowingly possessing an AK‑56 rifle and ammunition. They argued that the possession was for self‑defence, not for terrorist purposes, and sought …

N. JAYALAKSHMI AMMAL AND ORS.versusR. GOPALA PATHAR AND ANR.

1994 INSC 374Dismissed

The case concerned a joint Hindu family property acquired in 1928 by Govindaswamy and his brother Srinivasa. Govindaswamy disappeared after August 1930 and was not heard of thereafter. His wife, Kasambu Ammal, executed a sale deed in 1970 in favour of Nataraja Iyer, while Srinivasa executed a …

BLOOM DEKOR LTD. ETC. ETC.versusSUBHASH HIMATLAL DESAI AND ORS. ETC.

1994 INSC 372Disposed off

Bloom Dekor Ltd., a public company, issued a public share offering that was oversubscribed. A group of investors, seeking to avoid losses from speculative out‑of‑the‑ring transactions, filed a series of suits and applications in various courts (Morvi, Prantij, Baroda, Ahmedabad) alleging that the …

MR. ASHOK KUMAR AND ORS.versusDELHI DEVELOPMENT AUTHORITY

1994 INSC 375Dismissed

The petitioners, Ashok Kumar and others, filed a writ petition under Article 32 of the Constitution seeking mandamus against the Delhi Development Authority, alleging that a letter dated 1 July 1994 required them to pay excess amounts for plots. The petition was filed after a prior order passed by …

HAVILDAR CLERK HANS RAJ SHARMA ETC.versusUNION OF INDIA AND ORS.

1994 INSC 376Appeal(s) allowed

The appellants, Havildar Clerks in the Army Medical Corps, were recommended by the Service Selection Board for Permanent Commission in the 1986 quota, placed 4th and 5th on the merit list, and forwarded to the Director General, Armed Forces Medical Services (DGAFMS) for "final selection". The DGAFMS …

STATE OF U.P. AND ANR.versusPRAVEEN KUMAR SHARMA AND ORS.

1994 INSC 377Disposed off

A group of B.D.S. students studying outside Uttar Pradesh filed writ petitions in the Allahabad High Court seeking transfer to the Dental Faculty of King George Medical College, Lucknow. The High Court Single Judge allowed the petitions and directed that all pending transfer applications be …

STATE OF ORISSA AND ORS.versusJOY PRAKASH PANDA AND ANR.

1994 INSC 378Dismissed

The State of Orissa introduced a rehabilitation scheme on May 28, 1985, to provide appointment to a family member of a non‑government primary school teacher who dies or becomes permanently disabled while in service. The respondent's father, a teacher, was murdered on September 15, 1984, i.e., before …

NISAR AHMAD AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1994 INSC 379Dismissed

The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The …

UNIVERSITY OF DELHIversusRAJ SINGH

1994 INSC 370Dismissed

The Delhi High Court upheld the University Grants Commission (UGC) Regulations of 1991 that require a written eligibility test for appointment of lecturers in Delhi University and its affiliated colleges. The University challenged the regulations as beyond UGC's competence, directory rather than …

SH. GAURI SHANKAR AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1994 INSC 369Dismissed

The petitioners, who were the legal heirs of statutory tenants of residential premises under the Delhi Rent Control Act, 1958, challenged the amendment introduced by Act 18 of 1976 that inserted clause (iii) in Section 2(1), which restricts the heritability of such residential tenancies. They argued …

THAKUR KISHAN SINGH (DEAD)versusARVIND KUMAR

1994 INSC 364Dismissed

The plaintiff claimed possession of land leased to him in 1949, which was registered in 1950 after the Madhya Pradesh Abolition of Proprietary Rights Act vested the land in the State. The appellant argued that the lease was void under Section 6 of that Act and that he had acquired title by adverse …

SUKHPAL SINGH AND ORS.versusPUNJAB STATE AGRICULTURAL MARKETING BOARD AND ORS.

1994 INSC 365Dismissed

The Market Committee of Shri Hargobindpur Sahib appointed several persons to regular posts after a newspaper advertisement. The Punjab State Agricultural Marketing Board later reviewed and terminated those appointments. The terminated appointees filed a writ petition challenging the cancellation, …

SMT. RADHIKAversusAGHNU RAM MAHTO

1994 INSC 366Appeal(s) allowed

The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, …

STATE OF ANDHRA PRADESH AND ORS.versusM/S. ANUPAMA MINERALS ETC. ETC.

1994 INSC 368Appeal(s) allowed

The State of Andhra Pradesh and others granted mining leases to Mis. Anupama Minerals under Rule 31 of the A.P. Mining Rules, 1966. After the Forest Conservation Act, 1980 came into force, the respondents applied for renewal of the leases. The State Government refused renewal, invoking the …

BHARAT COKING COAL LTD.versusSTEEL ABRASERS AND ALLIED PRODUCTS LTD.

1994 INSC 358Appeal(s) allowed

Bharat Coking Coal Ltd (appellant), a government-owned company, sold hard coke to Steel Abrasers & Allied Products Ltd (respondent) for foundry use. The Central Government, under the Colliery Control Order, 1945, issued a 1991 notification fixing prices for coke but allowing additional charges for …

HIGH COURT OF M.PversusMARESH PRAKASH AND ORS.

1994 INSC 359Appeal(s) allowed

The respondent, a Civil Judge Class‑II, sought confirmation and seniority dating from 5 February 1973, alleging that the High Court's Full Court was influenced by the Chief Justice's unsatisfactory remarks and that the Grievance Committee's comparative assessment was ignored. The High Court's …

N. NAGENDRA RAO AND CO.versusSTATE OF ANDHRA PRADESH

1994 INSC 360Appeal(s) allowed

The appellant, a fertilizer and foodgrain dealer, had large stocks seized under the Essential Commodities Act, 1955. After part of the stock was confiscated, the remainder was ordered to be released, but the State failed to do so and the goods later deteriorated in quality and quantity. The …

STATE OF ORISSAversusDR. SIVASANKER LAL BAJORIA AND ANR.

1994 INSC 361Appeal(s) allowed

The State of Orissa created a single post of Assistant Professor of Cardiology at SCB Medical College. Dr. Urmila Kumari Swain was transferred to the post in 1979, and Dr. Sivasanker Lal Bajoria challenged that appointment, which was later withdrawn. In 1983 Dr. Mruthyunjaya Satpathy was appointed …

DALIP CHAND AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 362Appeal(s) allowed

In 1928 a non‑agriculturist tribe sold 60 bighas of land, now in Pakistan, to the appellants, and mutation was effected in their favour in 1932. After the vendor’s caste was later notified as an agricultural tribe, the authorities attempted to review the mutation, treating the appellants as …

KARNAIL SINGHversusTHE STATE OF PUNJAB AND ANR.

1994 INSC 363Appeal(s) allowed

The appellants, head constables who had completed intermediate and upper school police training, were temporarily promoted to Sub‑Inspectors and placed on the 'G' list. After completing the upper school course in 1984 they were not placed on the 'E' list and were reverted to head constable, while …

BADRI PRAKASH SONIversusPRAHALAD SONI AND ORS.

1994 INSC 352Disposed off

The dispute concerned possession of a property housing a Cork Splitting Machine. An Executive Magistrate, invoking Section 145(2) of the Criminal Procedure Code, could not determine which party was in possession and therefore attached the property, directing the parties to resolve their rights in a …

GABRIEL SAVER FERNANDES AND ORS.versusTHE STATE OF KARNATAKA AND ORS.

1994 INSC 353Dismissed

The appellants, who were Village Assistants without SSLC qualifications, challenged the pay scale disparity with Talatis who possessed SSLC qualifications, arguing that the distinction violated Articles 14 and 39(d) of the Constitution. They sought parity in the Rs. 90‑200 pay scale, contending that …

STATE OF U.P. AND ANR.versusBIHARI LAL

1994 INSC 354Disposed off

Bihari Lal, an Assistant Commissioner in the Uttar Pradesh Sales Tax Department, was compulsorily retired under Rule 56(j) of the Fundamental Rules on the ground of persistent adverse remarks and being classified as an officer of a bad category. He challenged the order in the Allahabad High Court, …

GOVERNMENT OF A.P. AND ANR.versusY. SAGARESWARA RAO

1994 INSC 355Dismissed

The Andhra Pradesh government reorganised the Panchayat Raj system and framed Adhoc Rules (1989) for appointing Mandal Development Officers (MDO) by transfer of Superintendents, Divisional Panchayat Officers and Extension Officers. The respondent, a Veterinary Assistant Surgeon (Extension Officer), …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusV.N.SHARMA

1994 INSC 356Disposed off

The Punjab State Electricity Board (Revised Pay) Regulations, 1988 came into force on 1 January 1988, providing that a promotion after that date would attract a benefit of two advance increments under Regulation 8. The respondent, V.N. Sharma, had been promoted before the regulations were issued and …

DARSHAN SINGH AND ORS.versusGURDEV SINGH

1994 INSC 357Disposed off

The respondent, Gurdev Singh, was a minor when his father died and attained majority on 17 April 1977. He filed a suit for possession of immovable property on 4 November 1982, invoking Article 65 of the Schedule to the Limitation Act, 1963, which provides a 12‑year limitation period. The appellant, …

KUMARI MADHURI PATIL AND ANR.versusADDL. COMMLSSIONER, TRIBAL DEVELOPMENT AND ORS.

1994 INSC 348Dismissed

The appellants, sisters Suchita and Madhuri Patil, obtained caste certificates claiming they belonged to the Mahadeo Koli Scheduled Tribe and were admitted to medical and dental colleges on that basis. The Verification Committee, after examining ancestral, school and anthropological evidence, held …

STATE OF UTTAR PRADESH AND ORS.versusK. M. RAMONA PERHAR

1994 INSC 349Appeal(s) allowed

The respondent, KM Ramona Perhar, obtained admission to a private medical college in Karnataka in 1990 and sought a transfer to a government medical college in Uttar Pradesh in 1992. The Uttar Pradesh Government rejected the request based on its policy of not allowing out‑of‑state transfers. The …

VIJAY @ GYANCHAND JAINversusTHE STATE OF MADHYA PRADESH

1994 INSC 350Dismissed

The appellant, Gyanchand Jain, was convicted under Sections 302 and 309 of the IPC for murdering his wife and attempting suicide. The prosecution relied on a handwritten letter found at the scene, which detailed his intention to kill his wife and then end his own life, and on a hand‑writing expert’s …

D. KRISHNA MURTHY AND ANR.versusTHE STATE OF A.P. AND ORS.

1994 INSC 351Appeal(s) allowed

Venkatashwarlu, a senior assistant in the Hyderabad Water Works Department, was transferred to the Maneru Investigation Circle, promoted to Head Clerk (Superintendent) and gave an undertaking not to claim seniority in his parent department. He was later reverted to Senior Assistant; the reversion …

AMRUTLAL SOMESHWAR JOSHIversusSTATE OF MAHARASHTRA

1994 INSC 346Dismissed

Amrutlal Someshwar Joshi was convicted of murdering three persons, including a three‑year‑old child, during a robbery and was sentenced to death under IPC 302. He appealed, arguing that he was only 17 years old at the time of the offence and that age should be a mitigating factor, citing Hamam and …

KUM NARAYANAMMAversusSTATE OF KARNATAKA AND ORS .

1994 INSC 341Appeal(s) allowed

The victim, a 14‑year‑old illiterate agricultural labourer, was gang‑raped by three accused. The trial court convicted them under IPC sections 376 and 114, but the Karnataka High Court acquitted them, holding that the victim's testimony was unreliable as it lacked medical corroboration. On appeal, …

DR. ARUNDHATI AJIT PARGAONKARversusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 343

Dr. Arundhati Pargaonkar was appointed on a purely temporary basis in 1978 to the permanent Class‑II post of Lecturer in Dentistry at B.J. Medical College, Pune. She served continuously for nine years and claimed that, under the State Government's 19 September 1975 Temporary Government Services …

THE STATE OF MAHARASHTRA AND ORS.versusADMANE ANITA MOTI AND ORS.

1994 INSC 344Disposed off

The State of Maharashtra appealed against the Bombay High Court’s interim order directing the Education Officer to admit 112 girls to a Diploma in Education programme at a Christian minority institution, exceeding the sanctioned strength of 80. The Supreme Court examined whether the High Court was …

S. RAMACHANDRA RAJUversusSTATE OF ORISSA

1994 INSC 345

The appellant, a lecturer appointed in 1965, received a solitary adverse confidential report for the academic year 1987‑88, which he claimed was made in mala‑fide by the principal. He sought to have the remarks expunged, was promoted to Reader in 1991, but was compulsorily retired on 28 May 1991 …

SMT. SHANTI DEVI AND ORS.versusSTATE OF RAJASTHAN AND ORS .

1994 INSC 340Dismissed

The appellants challenged the acquisition of land under the Rajasthan Land Acquisition Act, claiming that a subsequent order dated 4 November 1985 had regularised the conversion of agricultural land to non‑agricultural use and vested title in them. They relied on this order, which was produced for …

MUNICIPAL CORPORATION OF DELHIversusTHE ASIAN ART PRINTERS (P) LTD. AND ORS. ETC.

1994 INSC 342Appeal(s) allowed

The Municipal Corporation of Delhi (MCD) supplied electricity to Asian Art Printers Ltd. under a "Mixed Load (HT)" tariff. The tariff booklet contained clause (c) stating demand charges plus energy charges and clause (d) prescribing a minimum bill. The consumers argued that the payable amount should …

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

1994 INSC 339

The Supreme Court examined the compensation awarded for the acquisition of 267.91 acres of land in Rohtak district for an industrial area. The original award in 1977 fixed two marginally different rates, which were later replaced by a uniform rate of Rs 7 per square yard by the District Judge. The …

SUBHASH MULJIMAL GANDHIversusL. HIMINGLIANA AND ANR .

1994 INSC 338Dismissed

The respondent, acting as Secretary (Preventive Detention), issued a detention order under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against the appellant for alleged gold smuggling. The appellant challenged the order at the pre‑execution …

N.K. SINGHversusUNION OF INDIA AND ORS.

1994 INSC 337Dismissed

N.K. Singh, an IPS officer, was transferred from the post of Joint Director, CBI to an equivalent post of IG in the BSF while handling a sensitive investigation. He challenged the transfer before the Central Administrative Tribunal alleging malafides by the Prime Minister, prejudice to public …

RAGHBIR SINGHversusSURJIT SINGH AND ORS. ETC. ETC.

1994 INSC 336Dismissed

Raghbir Singh, convicted under IPC sections 326 and 149 and sentenced to three years' rigorous imprisonment, was released in November 1988 and subsequently contested the Punjab Vidhan Sabha election in February 1992. The respondent filed an election petition alleging that Singh was disqualified …

S. SATHYAPRIYA ETC. ETC.versusSTATE OF ANDHRA PRADESH ETC. ETC.

1994 INSC 330Disposed off

The Supreme Court, hearing contempt petitions concerning admission to professional courses in Tamil Nadu, examined the effect of the 69% reservation under Article 15(4) of the Constitution and a 5% reservation for special categories under Article 15(1). The Court found that the 5% reservation is …

SANJAYDUTTversusSTATE THROUGH CBI, BOMBAY

1994 INSC 331

Sanjay Dutt, accused in the Bombay blast case, was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for possession of unauthorised arms. The charge‑sheet was filed after the statutory period of 180 days, and the petitioner sought bail on the grounds that mere …

TARSEEM KUMARversusTHE DELHI ADMINISTRATION

1994 INSC 332

The appellant, Tarseem Kumar, was charged under Section 302 IPC for the murder of Gulshan Rai. The prosecution's case relied entirely on circumstantial evidence, including the appellant's alleged exclusive possession of rooms where the body was found, blood‑stained clothes recovered after his …

MAHARASHTRA STATE FINANCIAL CORPORATIONversusMIS. SUVARNA BOARD MILL AND ANR.

1994 INSC 333

The Maharashtra State Financial Corporation (appellant) granted a bridge loan of Rs. 3 lakh to Mis. Suvarna Board Mills (respondent), which defaulted and accrued arrears of about Rs. 25 lakh. On 7 January 1992 the corporation issued a notice under Section 29 of the State Financial Corporation Act …

M/S. KHADI AND VILLAGED SOAP INDUSTRIESversusSTATE OF HARYANA & OTHERS

1994 INSC 323Dismissed

The petitioners, M/s Khadi and Village Soap Industries, challenged a 1987 notification under Section 13(1) of the Haryana General Sales Tax Act, 1973 that granted a full sales‑tax exemption to the Khadi Ashram, Panipat and its centralized units, while limiting the exemption for other cooperative …

STATE OF KERALA AND ANR.versusA.C.K. RAJAH AND ANR.

1994 INSC 324

The respondents, members of the Nilambur Kovilakam, filed a petition under section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1973 claiming that 60 acres of land did not vest in the Government. The Forest Tribunal dismissed the petition, but the Kerala High Court reversed the …

ESSKEY ROADWAYS (FIRM)versusANANDHAKRISHNAN BUS SERVICE

1994 INSC 326

The appellant and respondent both applied for a stage‑carriage permit. The Regional Transport Authority (RTA) awarded marks based on the date of application, granting the permit to the appellant. The respondent appealed, and the State Transport Appellate Tribunal (STAT) set aside the RTA’s order, …

BASHA AND ORS.versusKHAIRUNNESSA BIVI AND ORS.

1994 INSC 327

The plaintiffs, brothers, partitioned ancestral property by a deed dated 4 December 1952 and thereafter possessed their respective shares. The second plaintiff orally gifted one portion of his share to the first plaintiff. On 6 January 1968 the defendants trespassed, prompting the plaintiffs to file …

DR. BHANU PRAKASH SINGH AND ORS.versusTHE HARYANA AGRICULTURAL UNIVERSITY

1994 INSC 328Dismissed

Twenty‑eight lecturers of Haryana Agricultural University were selected in 1978 to pursue Ph.D. studies as in‑service candidates under a leave of kind. Due to a financial stringency, the university prohibited in‑service candidates from receiving full salary and allowances during the study period, …

MD. HABIBUL HAQUEversusUNION OF INDIA AND ORS.

1994 INSC 329

The appellant, a Preventive Officer Grade‑II, was penalised with a one‑year reduction in pay scale with cumulative effect and later promoted to Grade‑I effective 9 August 1974. He claimed seniority from the date he became eligible for fitment in Grade‑I, arguing that his junior was promoted on 29 …

K. C. GUPTA AND 117 OTHERSversusLT. GOVERNOR OF DELHI AND 43 ORS.

1994 INSC 319Case Partly allowed

The case concerned the merger of teachers from the Municipal Corporation of Delhi into the Delhi Administration in 1970, creating an Administration Cadre and a Special (diminishing) Cadre. Disputes arose over how promotion ratios and seniority should be calculated between the two cadres, especially …

P V. SANAKARA KURUPversusLEELAVATHY NAMBIAR

1994 INSC 320Dismissed

The petition challenged a Kerala High Court judgment that had set aside earlier findings that the petitioner, P.V. Sankara Kurup, was merely an agent and holder of a power of attorney for the respondent, Leelavathy Nambiar, and had purchased a Thavazhy property in his own name using the respondent’s …

STATE OF ORISSA AND ORS.versusSUDHIR KUMAR BISWAL AND ORS.

1994 INSC 321Disposed off

The State of Orissa challenged two provisions of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983. The first was the proviso to Rule 5(1) allowing relaxation of the maximum age limit for certain categories, which the Orissa Administrative Tribunal …

NAROTTAM DAS BESHTTO/B.P. DOBHALversusUNION OF INDIA AND ORS.

1994 INSC 322Dismissed

Two Lower Division Clerks of the Indo‑Tibetan Border Police Force filed writ petitions under Article 32 seeking to bar the Central Administrative Tribunal (CAT) from hearing their promotion matters, arguing that they are members of the Union's armed forces and thus outside the Tribunal's …

STATE OF UTTAR PRADESHversusBABUL NATH

1994 INSC 315

The State of Uttar Pradesh charged Babul Nath with rape of a five‑year‑old girl. The trial court convicted him based on an eye‑witness who saw the victim bleeding and the accused fleeing, and on a medical report showing a torn hymen, lacerations and other injuries indicating sexual intercourse. The …

N. KRISHNAMACHARIversusTHE MANAGING DIRECTOR APSRTC, HYDERABAD AND ORS.

1994 INSC 316Dismissed

The Government of Andhra Pradesh issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a bus‑stand complex, followed by a declaration under Section 6. Several writ petitions were filed challenging the acquisition, and the Andhra Pradesh State Road Transport …

ALL INDIA JUDGES' ASSOCIATION AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 317Disposed off

The Supreme Court was asked to clarify whether Kerala's Judicial Service Rules, which require five years of standing at the Bar for appointment to the lowest judicial rung, complied with its earlier directive that a minimum of three years of legal practice is essential for recruitment. The State of …

RAKESH KAUL AND ORSversusTHE REGISTRAR, HIGH COURT OF JAMMU AND KASHMIR

1994 INSC 314

The petitioners, aggrieved by a change in university examination dates, filed writ petitions before the Jammu & Kashmir High Court. After the High Court dismissed the petitions, the petitioners allegedly attempted to assault the Assistant Controller of Examinations outside the courtroom, leading the …

THE STATE OF BIHAR AND ORS.versusMIS. UNIVERSAL HYDROCARBONS CO. LTD. AND ANR.

1994 INSC 318

Universal Hydrocarbons Co. Ltd. purchased raw petroleum coke (RPC) and, after a manufacturing process, produced calcined petroleum coke (CPC). Sales tax was levied on the sale of CPC under the Bihar Finance Act, 1981 and the Central Sales Tax Act, 1956. The company claimed a refund under Section …

H.R. ADYANTHAYAversusSANDOZ (INDIA) LTD.

1994 INSC 313

The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of …

MUNICIPAL CORPORATION OF DELHIversusC.L. BATRA

1994 INSC 309Appeal(s) allowed

The Municipal Corporation of Delhi appealed against an interim order of the Delhi High Court that stayed recovery of about Rs 1 crore in tax, permitting the assessee C.L. Batra to deposit only Rs 3 lakh. The corporation argued that the order bypassed the statutory appeal provision under Section …

AMRUTLAL SOMESHWAR JOSHIversusTHE STATE OF MAHARASHTRA

1994 INSC 310

Amrutlal Someshwar Joshi, a domestic servant, was convicted of murdering three members of his employer's family and an infant in their Bombay flat and stealing valuables. The prosecution relied on a series of circumstantial facts, including eyewitness testimony that Joshi was present in the flat …

BIJENDRA NATH SRIVASTAVA (DEAD) THROUGH LRS.versusMAYANK SRIVASTAVAAND ORS.

1994 INSC 311

The parties to a family arbitration agreement divided joint family property among six branches, with a retired district judge acting as arbitrator. After the award was registered, objections were filed, and later amended to include new allegations of arbitrator misconduct. The High Court set aside …

J. R. KAPOORversusM/S MICRONIX INDIA

1994 INSC 312Appeal(s) allowed

The dispute involved M/s. Micronix India (respondent) and a former partner who started a new business under the name M/s. Microtel with a similar logo and packaging. The respondent obtained an interim injunction restraining the appellant from using the trade name 'MICROTEL', the logo 'M', and the …

SMT. PRAMILA NESARGIversusC.K. JAFFER SHARIEF AND ORS.

1994 INSC 305Dismissed

The Supreme Court examined challenges to the Lok Sabha election of C.K. Jaffer Sharief from Bangalore North, alleging that the candidate engaged in corrupt practices by arranging large‑scale free mass feedings of electors, exceeding election‑expenditure limits, and using spurious ballot papers. The …

SURYA PRAKASH SHARMAversusSTATE OF U.P. AND ORS.

1994 INSC 306

Surya Prakash Sharma was detained under Section 3(3) of the National Security Act, 1980 while already in judicial custody for a murder case. The grounds of detention alleged that he might commit further serious offences if released on bail. The Supreme Court examined whether a preventive detention …

SMT. LAXMI DEVIversusSATYA NARAYAN AND ORS.

1994 INSC 307

The appellant, Laxmi Devi, alleged that her husband, Satya Narayan, had contracted a second marriage, constituting an offence under Section 494 of the Indian Penal Code. The trial court held that the prosecution failed to prove the essential Hindu marriage rite of Saptapadi, which is required to …

MANPHUL SINGH SHARMAversusSMT. AHMEDI BEGUM (SINCE DECEASED) THROUGH HER ALLEGED LEGAL REPRESENTATIVE/SUCCESSORS (A) SH. M. A. KHAN (B) DELHI WAKF BOARD

1994 INSC 308Appeal(s) allowed

Ahmed Begum, the owner of Dharampur Lodge, leased the entire premises to S. Sardul Singh Caveeshar, who was authorized to sub‑let. The appellant, Manphul Singh Sharma, and other sub‑tenants claimed to be lawful sub‑tenants and sought protection under Section 20 of the Delhi & Ajmer Rent Control Act, …

P. CHINNANNA AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1994 INSC 301

The State of Andhra Pradesh, invoking urgency under Section 17 of the Land Acquisition Act, 1894, acquired 6 acres 29 guntas of land for a market yard in 1977, publishing a Section 4(1) notification and a Section 6(1) declaration, and took possession in 1978, vesting the land in the State. The …

SHRI SWAROOP NARAIN SRIVASTAVAversusTHE IVTH ADDL. DISTRICT JUDGE AND ORS.

1994 INSC 302

The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application …

SHRI BHAJANLAL, CHIEF MINISTER, HARYANAversusMIS JINDAL STRIPS LTD. AND ORS .

1994 INSC 303

The Chief Minister of Haryana challenged a writ petition alleging that the High Court had transferred his case from a Tax Bench to a bench presided over by the then Acting Chief Justice, S.S. Sodhi, and later back again, claiming this indicated bias. The appellant sought a transfer of the case on …

THE STATE OF M.P. AND ORS.versusRAGUVEER SINGH YADAV AND ORS.

1994 INSC 304Appeal(s) allowed

The State of Madhya Pradesh issued a 1987 notification for recruitment of Inspectors of Weights and Measures with qualifications including Arts, Commerce, Science, Engineering or a Diploma. Written examinations were held and results declared in August 1989, after which interview cards were issued. …

BHAGWAN SHUKLA S/O SH. SARABJIT SHUKLAversusUNION OF INDIA AND ORS.

1994 INSC 299Disposed off

The appellant, a railway employee promoted to Guard, had his basic pay fixed at Rs.190 per month in 1970. In July 1991 the Railway administration issued an order reducing his basic pay to Rs.181 per month, retrospectively effective from 18 December 1970, without issuing a show‑cause notice or …

SUKALU RAM GONDversusSTATE OF MP AND ORS.

1994 INSC 300Disposed off

In a criminal petition, the parties consented to refer a dispute between the petitioner and Respondent No.3 to an arbitrator, limiting the reference to those two parties. The arbitrator, however, issued an award holding Respondent No.5 liable for a sum, despite Respondent No.5 not being a party to …

S.K. MUKHERJEEversusUNION OF INDIA AND ANOTHER

1994 INSC 296Dismissed

The petitioner, appointed as a temporary Staff Officer‑cum‑Instructor in the West Bengal Directorate of Civil Defence in 1965, claimed to be a member of the Civil Defence Corps and sought uniform service conditions under the Central Civil Defence Act, 1968. He argued that the Central Government, …

A. HAMSAVENI AND ORS. ETC. ETC.versusSTATE OF TAMIL NADU AND ORS.

1994 INSC 297Dismissed

Approximately 1,200 individuals claiming to be long‑time contract helpers with the Tamil Nadu Electricity Board filed writ petitions under Article 32 seeking regularisation and a direction to the Khalid Commission, or an independent body, to determine their identity. The Board had earlier appointed …

STATE OF TAMIL NADUversusT.V. VENUGOPALAN

1994 INSC 298Appeal(s) allowed

The respondent, a government employee who entered service in 1952, sought correction of his date of birth a year before his scheduled superannuation, claiming his father had recorded it incorrectly. The State rejected the application, and the Administrative Tribunal set aside the rejection, …

BUILDERS ASSOCIATIONS OF INDIAversusUNION OF INDIA AND ORS.

1994 INSC 294Dismissed

The Builders Associations of India filed a writ petition under Article 32 challenging the Supreme Court’s earlier decision in Commissioner of Income Tax v. N.C. Budharaja & Co., which held that the word “construction” in Section 32A(2)(b)(iii) of the Income‑Tax Act applies only to movable items such …

SATISH CHANDRAversusUNION OF INDIA

1994 INSC 295Disposed off

Satish Chandra challenged Sections 4, 5, 16, 21 and 27 of the Companies (Amendment) Act, 1988 on the grounds that Parliament lacked competence to create the Company Law Board (CLB) and that the Act failed to protect minority shareholders. The petition argued that the power under Section 397 of the …

SHRI T. SHAM BHATversusUNION OF INDIA AND ANR.

1994 INSC 293

Shri T. Sham Bhat, a Class‑I officer of Karnataka's non‑State Civil Service, was barred from selection to the Indian Administrative Service (IAS) after the IAS (Appointment by Selection) Second Amendment Regulations, 1989 increased the required continuous service from eight to twelve years and …

UNION OF INDIA AND ORS.versusM/S. GRAPHIC INDUSTRIES CO. AND ORS.

1994 INSC 292Appeal(s) allowed

Graphic Industries Co. supplied stores worth about Rs. 50 lakh to Eastern Railways, but payment was delayed. The company filed a writ petition under Article 226 of the Constitution seeking a mandamus for payment, relying on correspondence between the Railway Minister and officials. The Calcutta High …

MADRAS CITY WINE MERCHANTS' ASSON. AND ANR.versusSTATE OF TAMIL NADU AND ANR.

1994 INSC 289Dismissed

The appellants, licence holders for retail vending of Indian Made Foreign Spirits, were allowed to obtain bar licences under the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992. After law‑and‑order problems, the State of Tamil Nadu rescinded those Bar Rules by a government order, effectively …

H.S. ATWAL AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 290Dismissed

The appellants, former army personnel who demobilised in 1968, joined the Himachal Pradesh Administrative Service in 1975 and claimed that their five years of military service should be counted towards seniority under Rule 4(1) of the Himachal Pradesh Administrative Rules, 1974. The rule provides …

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

1994 INSC 288Appeal(s) allowed

The Haryana Subordinate Services Selection Board conducted a recruitment for Assistant Sub‑Inspectors of Police, but destroyed the answer books before results were declared and failed to produce proper mark tabulations. Unsuccessful candidates alleged that the Board gave extra interview marks to …

TATA CELLULARversusUNION OF INDIA

1994 INSC 283Disposed off

The Department of Telecommunications invited tenders for cellular licences in four Indian cities, leading to a two‑stage evaluation and the selection of eight operators. Several rejected bidders challenged the final list before the Delhi High Court, alleging bias (due to a member’s son working for a …

HINDUSTAN LEVER LTD.versusB.N. DONGRE AND ORS. ETC. ETC.

1994 INSC 284Disposed off

Hindustan Lever Ltd. sought to impose a ceiling on dearness allowance for workers earning above Rs 500 per month, arguing that the existing slab system caused over‑neutralisation of the cost‑of‑living index and distorted wage differentials, especially vis‑à‑vis junior executives. The Industrial …

IQBAL SINGHversusAVTAR SINGH AND ORS.

1994 INSC 285Dismissed

The appellant, Iqbal Singh, contested the 1992 Faridkot Assembly election and filed an election petition under Section 80 of the Representation of the People Act, 1951, alleging that the returned candidate and a party president conspired to induce another candidate to withdraw in exchange for his …

CARMEL BOOK STALLversusDY. COMMISSIONER OF SALES TAX

1994 INSC 287Appeal(s) allowed

Carmel Book Stall, a charitable trust, sold books whose profits were claimed to be exempt from Kerala sales tax under Section 10 of the Kerala General Sales Tax Act, 1963, provided the profits were solely used for charitable purposes. The Sales Tax Officer taxed the profits for the assessment years …

PREMJI RATANSEY SHAH AND ORSversusUNION OF INDIA AND ORS.

1994 INSC 279Dismissed

The petitioners claimed to be successors in title to land that had been acquired by the government for the railways under the Land Acquisition Act, 1894, and sought a declaration and an injunction to protect their possession. The trial court found them in possession, but the High Court held that the …

P.CHANDRAMOULYversusUNION OF INDIA AND ANR.

1994 INSC 280Dismissed

Four members of the General Reserve Engineers Force (GREF) were tried by a Court‑Martial convened under a warrant of the Chief of the Army Staff authorising the Chief Engineer and were convicted of offences under Sections 63, 39(a) and 41 of the Army Act. They challenged the jurisdiction of the …

UNION OF INDIA AND ORS.versusSURENDRA MOHAN ARORA AND ORS.

1994 INSC 278Appeal(s) allowed

The case concerned the promotion of diploma holders and science graduates employed in Indian Ordnance Factories. The Central Administrative Tribunal had treated all initial appointments as if they were to the post of Supervisor Grade‑A and directed that, on two years of service as Supervisor‑A, the …

SH. DEWAN CHAND BHALLAversusDR. ASHOK KUMAR BHOIL

1994 INSC 281Dismissed

The appellant, a government servant, was allotted a government residential accommodation and was a tenant of a residential building owned by the respondent landlord. The landlord invoked Section 14(3)(a)(iv) of the Himachal Pradesh Urban Rent Control Act, 1987 to obtain possession, arguing that the …

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusB.K. DORESWAMY AND ORS.

1994 INSC 273Appeal(s) allowed

The Karnataka State Road Transport Corporation conducted a 1972 selection for Assistant Stores/Purchase Officers, appointing four candidates in order of merit. Under the Government Instructions dated 6 September 1969, the first vacancy was reserved for a Scheduled Tribe (ST) candidate, followed by …

CALCUTTA MUNICIPAL CORPORATION AND ORS.versusEAST INDIA HOTELS LTD. AND ORS.

1994 INSC 274Appeal(s) allowed

East India Hotels Ltd operates three restaurants in its Oberoi Grand hotel in Calcutta, each equipped with dancing floors, music and occasional cabaret shows. The Calcutta Municipal Corporation levied a licence fee under Section 443 of the Calcutta Municipal Act, 1951, treating the restaurants as …

UNION OF INDIA AND ORSversusSH. RAJIV YADAV, IAS AND ORS.

1994 INSC 275Appeal(s) allowed

The case concerned an IAS officer, Rajiv Yadav, who was allocated to the Manipur‑Tripura cadre despite his preference for the Union Territories cadre, his home state. He challenged the allocation before the Central Administrative Tribunal, arguing that the reservation of SC/ST candidates for their …

ANAND SWAROOP VOHRAversusBHIM SEN BHARI AND ANR.

1994 INSC 276Appeal(s) allowed

Anand Swaroop Vohra, a retired Central Government employee, applied under Section 25‑B(1) read with Section 14‑C of the Delhi Rent Control Act, 1958 for eviction of his tenant on the ground that the premises were needed for his own residence because the accommodation he occupied was insufficient. …

SH. JILUBHAI NANBHAI KHACHAR ETC ETC.versusSTATE OF GUJARAT AND ANR. ETC. ETC.

[1994] SUPP. 1 S.C.R. 807Dismissed

The appellants, successors of Girasdars and Barkhalidars, challenged the constitutional validity of the Gujarat Amendment to the Bombay Land Revenue Code, which vested all mines, minerals and quarries in the State and provided compensation based on the average of three years' net income. They argued …

ANLL KUMAR MAHSIversusUNION OF INDIA AND ANR.

1994 INSC 271Dismissed

The petitioner, Anil Kumar Mahsi, filed a writ petition under Article 32 challenging Section 10 of the Indian Divorce Act, 1869 as being discriminatory against husbands and violative of Article 14 of the Constitution. He sought dissolution of his marriage on the ground of his wife's desertion and …

A. NAGARAJU BROS., VISAKHAPATNAMversusTHE STATE OF ANDHRA PRADESH

1994 INSC 267Appeal(s) allowed

A. NAGARAJU BROS., a dealer in VIP suit cases made of plastic and fitted with steel bands, claimed that these suit cases were "plastic articles" under Entry 113 of Schedule I of the Andhra Pradesh General Sales Tax Act, 1957, and therefore liable to tax only at the first point of sale for the …

MOHD. NOOR AND ORS. ETC. ETC.versusMOHD. IBRAHIM AND ORS. ETC. ETC.

1994 INSC 268Dismissed

The appellants, co‑sharers in the khatedari rights of an agricultural holding, challenged a sale by a khatedar tenant, claiming a right of pre‑emption under the Rajasthan Pre‑emption Act, 1966. The central issue was whether the transfer of khatedari rights constituted a transfer of ownership within …

SH. BAKSHI RAM AND ORS.versusSH. BRIJ LAL

1994 INSC 269Appeal(s) allowed

Sunder, owner of joint family property, gifted part of his land to Brij Lal. Remote reversioners (the appellants) challenged the gift and a suit was compromised, granting them a one‑eighth share after Sunder's death. After Sunder died in 1964, the appellants sued to enforce the compromise decree, …

MOHMED SALEEMLIAS CHUHO MOHMED SHAKOORversusSTATE OF GUJARAT

1994 INSC 270Disposed off

The appellant, Mohammed Saleem, was tried for assault with a knife that caused injuries to the complainant, and was charged under IPC Section 324, TADA Section 3(1), and the Bombay Police Act Section 135(1). The trial court acquitted him of the Bombay Police Act charge, but convicted him under IPC …

STATE OF TAMIL NADU AND ORS.versusV.S. BALAKRISHNAN AND ORS. ETC.

1994 INSC 263Appeal(s) allowed

The Tamil Nadu Government transferred employees from the Dairy Development Department to the Dairy Development Corporation on deputation/foreign service, later replacing the corporation with a cooperative federation. The employees challenged GO 1921 (1993), which provided terminal benefits on …

UNION OF INDIA AND ORS.versusANAND KUMAR PANDEY AND ORS.

1994 INSC 264Appeal(s) allowed

The Union of India appealed against a decision of the Central Administrative Tribunal (CAT) that had set aside the railway authorities' order directing 35 candidates who had appeared for a written exam at the Katihar centre to retake the written portion of the selection test. The railway …

M/S. J.K. BARDOLIA MILLSversusM.L. KHUNGER, DY. COLLECTOR AND ORS.

1994 INSC 265Dismissed

The appellant's factory was raided and 28 packages of synthetic fabrics were seized under Section 110(1) of the Customs Act, 1962 on 29 May 1969. A show‑cause notice required by Section 124(1)(a) was served only on 19 December 1969, exceeding the six‑month period prescribed in Section 110(2). The …

STATE OF ORISSAversusMINERALS AND METALS TRADING CORPORATION OF INDIA LTD.

1994 INSC 266Appeal(s) allowed

The State of Orissa appealed against Minerals and Metals Trading Corporation of India Ltd. (MMTC), a government dealer that purchased mineral ore in Orissa, declared the ore for resale within the state, and then sold it to a Japanese buyer by delivering it at Paradeep port for export. The Sales Tax …

YOGENDRA PAL AND OTHERSversusMUNICIPALITY, BHATINDA AND ANR.

1994 INSC 261Dismissed

The Supreme Court examined the validity of Sections 192(1)(c) of the Punjab Municipal Act, 1911 and 203(1)(c) of the Haryana Municipal Act, 1973, which allowed municipal committees to transfer land for town‑planning schemes without payment of compensation or with discretionary compensation. …

CHANDER BHAN GILLversusUNION OF INDIA

1994 INSC 250Appeal(s) allowed

Chander Bhan Gill, appointed as Assistant (Legal) in 1985, completed one year of service on 26 January 1986 and became eligible for an annual increment. The Central Civil Services (Revised Pay) Rules, 1986 came into force on 1 January 1986, and the Government issued a clarification on 4 May 1987 …

ILLAHI SHAMSUDDIN NADAFversusSOU. JAITUNBI NADAF

1994 INSC 256Appeal(s) allowed

The case concerned a house owned by Rajubai, who died in 1975. Her daughter Jaitunbi claimed she was the sole heir under Muslim law, while her grandson Shamsuddin asserted that Rajubai had given him the ground floor of the house during her lifetime. The lower courts had ruled in favour of Jaitunbi, …

M/S PANKAJ JAIN AGENCIESversusUNION OF INDIA

1994 INSC 251Dismissed

M/s Pankaj Jain Agencies, an importer of ball bearing components, challenged Notification No. 142/86-Cus., issued under Section 25(1) of the Customs Act, 1962, which reduced an earlier exemption and raised customs duty on its imports. The petitioners argued that the notification was not in force at …

ARJUN AND ORS.versusSTATE OF RAJASTHAN

1994 INSC 257

The case involved four appellants (Arjun, Rampal, Bhagwan Singh and Mukhoram) convicted of murder under Section 302 IPC for the killing of Jyoti Ram. The prosecution relied on five eye‑witnesses, who were relatives or associates of the deceased, to identify the appellants as the assailants. The four …

UNION OF INDIA AND ORS.versusTUSHAR RANJAN MOHANTY

1994 INSC 258Dismissed

The case concerned promotions in the Indian Statistical Service where senior general‑category officer Tushar Ranjan Mohanty (respondent 1) was superseded by eight Scheduled‑Caste/Tribe officers (respondents 2‑9). Mohanty challenged the promotions before the Central Administrative Tribunal, arguing …

ROLLATAINERS LTD. AND ANR.versusUNION OF INDIA AND ORS.

1994 INSC 259Dismissed

Rollatainers Ltd., a manufacturer of printed cartons, claimed exemption from central excise duty under Notification No. 55/75, which exempts "all products of the Printing Industry". The Superintendent of Central Excise held that printed cartons are products of the Packaging Industry and not eligible …

GURU NANAK DEV UNIVERSITY AND ANR.versusHARJINDER SINGH AND ANR.

1994 INSC 254Appeal(s) allowed

The respondents were found to have copied answers verbatim from incriminating material during a B.A. examination, and the university's standing committee disqualified them for two years under its Ordinances 10, 11 and 13. The respondents challenged the disciplinary action in the Punjab and Haryana …

STATE OF UP AND ORS.versusRAJIV GUPTA AND ANR. ETC.

1994 INSC 260

The State of Uttar Pradesh issued a notification under s.4(1) of the Land Acquisition Act, 1894 in April 1990 to acquire land for a sub‑station, and a declaration under s.6 in December 1990. Under s.11A the Collector was required to make the award within two years of the declaration, i.e., by 21 …

SURESH CHANDRA BAHRI ETC. ETC.versusSTATE OF BIHAR

1994 INSC 246Dismissed

The Supreme Court examined the murder of Urshia Bahri and her two children, for which Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were convicted under Sections 302, 120B and 201 of the IPC. The prosecution relied on the testimony of an approver, Ram Sagar Vishwakarma, whose statement …

HAZI ZAINULLAH KHAN (DEAD) BY L.RS.versusNAGAR MAHAPALIKA, ALLAHABAD

1994 INSC 247Appeal(s) allowed

The Supreme Court allowed a civil appeal by the mother, sister and brothers of Abdul Rehman, a 20‑year‑old college student who was killed when a municipal truck hit his bicycle. The Motor Accident Claims Tribunal and the Allahabad High Court had dismissed the claim for compensation, relying on the …

SH. BABU LAL, CONVENOR AND ANR.versusNEW DELHI MUNICIPAL COMMITIEE AND ANR.

1994 INSC 249Appeal(s) allowed

The petitioners, class‑IV employees designated as Storm Water Drains (SWD) Beldars and Mates of the New Delhi Municipal Committee (NDMC), sought the pay‑scales recommended by the Shiv Shankar Committee (SS Committee) which had already been granted to other class‑IV staff of the NDMC. The NDMC had …

HITENDRA VISHNU THAKUR AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 237

The case arose from the murder of Suresh Narsinh Dubey in 1989, for which Hitendra Vishnu Thakur and others were arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). After a series of investigations, the accused sought bail on the ground that the prosecution had …

STATE OF HIMACHAL PRADESHversusAMAR NATH SHARMA AND ORS.

1994 INSC 239Appeal(s) allowed

The Himachal Pradesh Government issued an office memorandum in 1980 prescribing a recruitment procedure for Class III and IV posts, granting weightage of 10 marks each for candidates from families with no member in organised employment and for families with annual income not exceeding Rs.6,000, and …

DR. BHARGAVA AND CO. AND ANR.versusSH. SHYAM SUNDER SETH BY L.RS.

1994 INSC 241

The predecessor-in-interest of the respondents bought an evacuee property at an auction in 1962 but failed to pay the full price, leading to cancellation of the sale. After a High Court set aside the cancellation, the full price was paid in 1980 and a sale certificate was issued on 31 March 1981, …

TARSEM SINGH AND ANR.versusSTATE OF PUNJAB & ORS.

1994 INSC 242Appeal(s) allowed

The case concerned whether employees holding the post of Superintendent in the Punjab Labour Department, whose pay‑scale (Rs.350‑450) is higher than that of a Labour Inspector (Rs.200‑450), could be promoted to the Inspector post under Rule 8(1)(a)(i) of the Punjab Labour Department (State Service …

SARDAR SINGHversusDEPUTY DIRECTOR OF CONSOLIDATION AGRA CAMP, MA THURA AND ORS.

1994 INSC 243Appeal(s) allowed

Girwar Singh, a large zamindar, died leaving agricultural and other property, leading to multiple testamentary suits and a pending civil suit over the non‑agricultural portion. While the civil suit was pending, consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953 were …

GAJANAN VISHESHWAR BIRJURversusUNION OF INDIA AND ORS.

1994 INSC 244Appeal(s) allowed

The petitioner, a publisher of Marxist literature, imported books containing the writings of Mao, Marx, Engels and Lenin in 1978. Customs seized the books and, after issuing multiple show‑cause notices, ordered their confiscation under Section 111(d) of the Customs Act, 1962, invoking Notification …

AP STATE FINANCIAL CORPORATIONversusC.M. ASHOK RAJ AND ORS.

1994 INSC 245Appeal(s) allowed

The Andhra Pradesh State Financial Corporation prescribed promotion criteria for the post of Manager that allocated 25% of marks to an interview, 50% to performance appraisal based on confidential reports, and 15% to seniority for service of five years or more, without any written test. Several …

UCO BANKversusTHE OFFICIAL LIQUIDATOR HIGH COURT, BOMBAY AND ANR.

1994 INSC 229

UCO Bank, a secured creditor of Glass Carboys & Pressedwares Ltd., obtained a decree in 1976 to recover its debt before the Companies (Amendment) Act, 1985 came into force. The amendment inserted a proviso to Section 529(1) of the Companies Act, 1956, deeming the security of every secured creditor …

STATE OF MADHYA PRADESHversusM/S HARDEO SHRINATH AND ORS.

1994 INSC 230

The State of Madhya Pradesh issued directions prohibiting agriculturists from selling their produce through commission agents. The commission agents challenged the directions, arguing that under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, agriculturists are classified as "traders" and …

AMAR SINGH AND ORS.versusAJMER SINGH AND ORS.

1994 INSC 232Appeal(s) allowed

Marn Ram, a large landowner, had 61 acres and 9 units of land partitioned among his sons. Under the Punjab Security of Land Tenures Act, 1953, 9 acres and 3¾ units were declared surplus in 1961 and the order became final in 1962. The Haryana Ceiling on Land Holdings Act, 1972, Section 12(3) deemed …

U.P. BHUMI SUDHAR NIGAM LTD.versusSHIV NARAIN GUPTA

1994 INSC 233

The Uttar Pradesh Bhumi Sudhar Nigam Ltd. advertised for a Financial Controller and prepared a three‑member merit panel, with Shiv Narain Gupta placed second. After the first candidate failed to join, the corporation abolished the post because a World Bank‑funded project was delayed. Gupta filed a …

STATE OF TAMIL NADUversusG.N. VENKATASWAMY & ORS. ETC. ETC.

1994 INSC 234Disposed off

The Supreme Court examined the constitutional validity of Section 52‑A inserted by the Tamil Nadu Revenue Recovery (Amendment) Act, 1972, which allowed recovery of loans advanced by state‑owned corporations as arrears of land revenue. The petitioners challenged the provision on two grounds: lack of …

MRS. KAVITA TREHAN AND ANR.versusBALSARA HYGIENE PRODUCTS LTD.

1994 INSC 235

The appellants, clearing and forwarding agents for Balsara Hygiene Products Ltd., obtained an ex‑parte injunction that allowed them to sell the respondent's goods, resulting in sales worth Rs 32.4 lakhs. The suit was later dismissed on the ground of non‑registration of the partnership under Section …

DEVKARAN NENSHI TANNA (DEAD) BY LRS.versusMANHARLAL NENSHI AND ANR.

1994 INSC 228Dismissed

The landlord filed a suit for arrears of rent, and the tenant filed an application under section 11 of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 for determination of the standard rent. The rent was fixed on a compromise and the application was dismissed as withdrawn. The …

GOVERNMENT OF UNION TERRITORY OF PONDICHERRYversusMOHAMMED HUSSAIN (DEAD) BY L.RS.

1994 INSC 227Appeal(s) allowed

The Government of Pondicherry challenged the inclusion of shares of two minor sons who attained majority between the appointed day (24‑Jan‑1971) and the notified date in the calculation of the family’s land‑holding ceiling under the Pondicherry Land Reforms Act, 1973. The Land Tribunal had allowed …

COLLECTOR OF CENTRAL EXCISE, HYDERABADversusFENOPLAST (P) LTD. {II)

1994 INSC 226

The respondent, Fenoplast (P) Ltd., manufactures rexine cloth by coating 100% cotton fabric with PVC resin, plasticizers and fillers. It argued that because cotton constituted only 8% of the finished product, the cloth could not be classified as a "cotton fabric" under Tariff Item 19(III) of the …