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Judgments of 1994

624 judgments · newest first · showing 401–600

DR. RASH LAL YADAVversusSTATE OF BIHAR AND ORS.

1994 INSC 225Dismissed

Dr. Rash Lal Yadav, appointed Chairman of the Bihar School Service Board for a three‑year term, was removed by the State Government under Section 10(7) of the Bihar Non‑Government Secondary Schools (Taking over of Management and Control) Act, 1981 on grounds of alleged mismanagement and detrimental …

OIL AND NATURAL GAS COMMISSIONversusUTPAL KUMAR BASU AND ORS.

1994 INSC 223

Engineers India Limited, acting as consultant for the Oil and Natural Gas Commission (ONGC), advertised a tender for a Kerosene Recovery Processing Unit in newspapers across India, including West Bengal. NICCO, a company with its registered office in Calcutta, learned of the tender, submitted its …

THE STATE OF GUJARATversusGADHVI RAMBHAI NATHABHAI AND ORS. ETC.

1994 INSC 221Appeal(s) allowed

The State of Gujarat alleged that several accused, including Gadhvi Rambhai Nathabhai, were involved in large‑scale smuggling and distribution of foreign‑origin arms, ammunition and cash, and were charged under the Arms Act, the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and …

CORPORATION BANKversusD.S. GOWDA AND ANR.

1994 INSC 222Disposed off

Corporation Bank advanced an overdraft facility to D.S. Gowda for construction of flats, later securing the debt by an equitable mortgage and charging interest at 16.5% per annum with quarterly rests. The borrower contested the rate as excessive and argued that the RBI circulars and the Mysore …

MORGAN STANLEY MUTUAL FUNDversusKARTICK DAS

1994 INSC 220Disposed off

Morgan Stanley Mutual Fund, a SEBI‑registered domestic mutual fund, sought to issue a public fund scheme after obtaining SEBI approval for its draft scheme and advertising the issue. A prospective investor filed a petition before the Calcutta District Consumer Disputes Redressal Forum seeking an …

MOHAN LALversusSHRI HARI PRASAD YADAV AND ORS.

1994 INSC 213Dismissed

An auction of the judgment debtor's property was held on 25 May 1981. The debtor's objections under Order 21 Rule 90 were dismissed on 4 May 1982, after which he filed an application under Order 21 Rule 89 on 28 May 1982 seeking to set aside the sale. The executing court entertained the application, …

BHARAT COKING COAL LTD.versusTHE STATE OF BIHAR AND ANR.

1994 INSC 214Appeal(s) allowed

Bharat Coking Coal Ltd (BCCL) succeeded East India Coal Co. and held a 999‑year mining lease over 627 bighas in Kenduadih, including surface land. A small part of the surface was used for a bazaar and a cinema for workers. The State of Bihar, invoking the Bihar Land Reforms Act, 1950, served a …

P. MUTHAYYA (DEAD) BY LRS.versusCHELLAPPAN PILLAI AND ORS.

1994 INSC 215Appeal(s) allowed

The plaintiff, P. Muthayya, filed a suit for partition and redemption of a mortgage deed executed by Mathevan Pillai, who claimed to be the Karanavan (head) of the Tarwad comprising defendants 2‑19. The lower appellate court held that the senior Karanavan, Raman Pillai, had died before the mortgage …

SHRI A.K. NIGAM AND ORS.versusSHRI SUNIL MISRA AND ANR.

1994 INSC 216Appeal(s) allowed

The appellants, originally members of the Railway Board Secretariat Service, were promoted to the Indian Railway Personnel Service and were granted seniority by backdating their increment dates up to five years under Principle (vii) of the seniority rules. Respondent No.1, a direct recruit to the …

FRICK INDIA LTD. AND ANR.versusSTATE OF HARYANA AND ORS.

1994 INSC 210Case Allowed

Frick India Ltd. and another challenged the levy of interest on purchase tax under the Haryana General Sales Tax Act, 1973 (and the Central Sales Tax Act, 1956) through a writ petition under Article 32 of the Constitution. The petitioners argued that the interest collected was unlawful and should be …

SH. MANI RAM AND ORS.versusTHE STATE OF UITAR PRADESH

1994 INSC 211Appeal(s) allowed

The appellants were convicted of murder and related offences under Sections 147, 148, 149 and 302 of the Indian Penal Code based solely on the testimony of the deceased's brother, an interested witness. The brother claimed the accused fired at the victim from behind while he was running, but the …

SMT. ANAR DEVIversusNATHU RAM

1994 INSC 217Appeal(s) allowed

The tenant, Nathu Ram, occupied a shop owned originally by Banarsidas. After Banarsidas died, his widowed daughter‑in‑law, Anar Devi, claimed ownership and sought possession of the shop for the bona‑fide requirement of starting a business for her sons, invoking clause (b) of Section 23A of the …

TELECOMMUNICATION ENGG. SERVICE ASSOCIATION (INDIA) AND ORS.versusU.O.I.

1994 INSC 218Disposed off

The petitioners, junior engineers in the Telegraph Engineering Service Group B, sought promotion to Assistant Engineer based on the year they passed the qualifying departmental examination under paragraph 206 of the P&T Manual, rather than on seniority. They also claimed retroactive promotion with …

SUDHARSHAN TRADING COMPANY LTD.versusOFFICIAL LIQUIDATORS AND ORS.

1994 INSC 219Disposed off

The Supreme Court clarified directions given on 14 May 1993 in a dispute between Sudharshan Trading Company Ltd., its subsidiary’s liquidators, and the Subscribers' Association of a chit fund. The Court ordered the holding company to pay 25% interest on a Rs 5 lakh deposit for the period 3 Nov 1989 …

V.S. ACHUTHANANDANversusR. BALAKRISHNA PILLAI AND ORS.

1994 INSC 212Appeal(s) allowed

The case arose from a trial before a Special Judge concerning alleged conspiracy and corruption in the Idamalayar Dam project. The Special Public Prosecutor sought, under Section 321 of the CrPC, permission to withdraw prosecution against one accused, G. Gopalakrishna Pillai, on the ground that …

CHRISTIAN CHILDREN FUND INC.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

1994 INSC 206

The Christian Children Fund Inc., a charitable organization, applied for exemption from property tax on its Delhi branch office premises under Section 115(4) of the Delhi Municipal Corporation Act, 1957. The municipal corporation rejected the exemption, holding that the premises were used for office …

INDIAN NUT PRODUCTS AND OTHERSversusUNION OF INDIA

1994 INSC 204

The Kerala Government, invoking the Kerala Cashew Factories (Acquisition) Act, 1974, issued a common notice to 36 cashew factories stating they were closed and would cause large‑scale unemployment, and subsequently declared the factories transferred to the State. The owners, who were also occupiers, …

R.K. PANDA AND ORS.versusSTEEL AUTHORITY OF INDIA AND ORS.

1994 INSC 205Appeal(s) allowed

The petitioners, contract labourers employed through various contractors at SAIL's Rourkela plant for 10‑20 years, filed a writ petition under Article 32 seeking parity in pay and absorption as regular employees, alleging that the contractor arrangement was a camouflage to deny them rights. The …

KRISHAN YADAV AND ANOTHERversusSTATE OF HARYANA AND ORS.

1994 INSC 207Appeal(s) allowed

The Haryana Subordinate Selection Board conducted a written test and interview for 96 Taxation Inspector posts in 1988‑89, but the process was riddled with fabricated interview sheets, fake roll numbers, forgery, ministerial interference and the destruction of original records. Unsuccessful …

SUKHVINDER SINGH AND ORS.versusSTATE OF PUNJAB

1994 INSC 208Case Partly allowed

The case arose from the abduction and murder of a child, Varun Kumar, for which five persons were convicted under Sections 302, 149, 120B of the IPC, Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and related provisions. On appeal, the Supreme Court examined whether the …

ATTORNEY GENERAL FOR INDIA ETC. ETC.versusAMRRATLAL PRAJIVANDAS AND ORS. ETC. ETC.

1994 INSC 203Disposed off

The Supreme Court examined the constitutional validity of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), both placed in the Ninth Schedule. It held that …

UNITED BANK OF INDIAversusCOOKS AND KELVEY PROPERTIES (P) LTD.

1994 INSC 209Appeal(s) allowed

United Bank of India leased premises from Cook's and Kelvey Properties and allowed its employees' trade union to occupy the premises for union activities without the landlord's consent. The bank did not receive any rent from the union, maintained the premises, paid electricity charges, and retained …

URMILLA PANDEY AND ORS .versusKHALIL AHMAD AND ORS.

1994 INSC 200

The widow of Ram Kishore Pandey filed a claim before the Motor Accidents Claims Tribunal for compensation of Rs. 1,17,747.70 after her husband was killed in a car accident. The Tribunal awarded only Rs. 40,600, assuming a life expectancy of 58 years and deducting 33% for a lump‑sum payment, and …

MINAKSHI BALA SUDHIR KUMAR AND ORS.versusSUDHIR KUMAR AND ORS.

1994 INSC 201

The appellant filed an FIR alleging offences under Sections 406 and 498-A IPC against her husband, his parents and other relatives. The police investigated, filed a charge sheet and the magistrate took cognizance, framed charges under Sections 239 and 240 of the CrPC and fixed a date for recording …

TEJ SINGHversusSTATE OF RAJASTHAN AND ORS.

1994 INSC 202Disposed off

Tej Singh, a Gram Sewak, obtained an allotment of five bighas of government land in 1968 under the Rajasthan Colonisation (Medium & Minor Irrigation Projects Government Lands Allotment) Rules, 1968. In 1980 the Additional Collector cancelled the allotment under Rule 17‑A, alleging that Singh had …

COMMISSIONER OF INCOME TAX, GUJARAT, AHMEDABADversusSMT. KAMALTNI KHATAU

1994 INSC 198

The Supreme Court examined whether the tax authorities could choose to assess tax on either the trustees or the beneficiaries of a discretionary trust when the trust's income was distributed and actually received by the beneficiaries during the accounting year. The respondent, a beneficiary of six …

J.K. SYNTHETICS LTD.versusTHE COMMERCIAL TAXES OFFICER

1994 INSC 197

J.K. Synthetics Ltd. filed sales‑tax returns on the basis that freight charges on cement sales were not part of the taxable price and paid the tax shown in those returns. The Commercial Taxes Officer later added the freight amount to the sale price, assessed additional tax and levied interest under …

S. SATYAPAL REDDY ETC.versusGOVT. OF A.P. AND ORS.

1994 INSC 196Dismissed

The appellants, holders of diplomas in Mechanical Engineering, applied for the post of Assistant Motor Vehicles Inspector in Andhra Pradesh but were rejected because the State's Transport Subordinate Service Rules required a degree. They challenged the State rule, arguing that the Motor Vehicles …

PATNA UNIVERSITYversusAWADH KJSHORE PD. YADAV AND ORS. ETC. ETC.

1994 INSC 192Appeal(s) allowed

The Bihar State University Service Commission had initially recommended temporary promotions of several lecturers to Readers under a Time‑Bound Promotion Scheme, but later withdrew its recommendations alleging that the screening committees were not constituted as required by the statute. The …

G.B. PANT AGRICULTURAL AND TECHNOLOGY UNIVERSITYversusKESHO RAM

1994 INSC 193

Kesho Ram was appointed as a temporary Assistant Block Superintendent at G.B. Pant Agricultural & Technology University in 1972 with a contract allowing termination on one month's notice. He was dismissed in 1976 for irregular attendance without a prior inquiry, and he sued for a declaration that …

STATE OF M.P.versusSH. L.P. TIW ARI

1994 INSC 194Appeal(s) allowed

The State of Madhya Pradesh suspended Executive Engineer L.P. Tiwari on 24 April 1990 and framed a charge‑sheet on 5 July 1990, but the charge‑sheet was not served until after the 90‑day period prescribed by Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 …

JAY LAXMI SALT WORKS (P) LTD.versusTHE STATE OF GUJARAT

1994 INSC 187

Jay Laxmi Salt Works (P) Ltd. sued the State of Gujarat for damages after flood water from a government‑built reclamation bundh entered its factory in July 1956. An official committee assessed the loss at Rs 1,58,735, which the State refused to pay. The trial court dismissed the suit as an act of …

UNION OF INDIA AND ANR.versusSUDHIR KUMAR JAISWAL

1994 INSC 188

The Supreme Court examined whether the Union Public Service Commission's practice of fixing 1 August as the cut‑off date for determining age eligibility in the Civil Services Examination was arbitrary, especially after the introduction of a preliminary exam held before that date. The Court held that …

UMESH KUMAR NAGPAL ETC.versusSTATE OF HARYANA AND ORS.

1994 INSC 189

The Supreme Court examined two Special Leave Petitions challenging a State Government's instruction that allowed compassionate appointments in a Class II post to a dependent of a deceased employee. The Court held that compassionate employment is a humanitarian measure intended solely to relieve the …

JAINULABUDEEN AND ORS.versusTHE GOVT. OF TAMIL NADU AND ORS.

1994 INSC 190Appeal(s) allowed

The State of Tamil Nadu issued a notification under the Land Acquisition Act, 1894 to acquire land for establishing a taluk office, sub‑treasury and a college of music. The petitioners challenged the acquisition, arguing that the proposed public purpose was no longer required and that suitable land …

K. PERIASANIversusSUB-TEHSILDAR (LAND ACQUISITION)

1994 INSC 191

The appellant, a landowner, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894 for a housing scheme. The acquisition officer had initially fixed the market value at Rs. 92 per cent, which the civil court enhanced to Rs. 800 per cent on reference under Section …

SRINIVASA COOP. HOUSE BUILDING SOCIETY LTD.versusMADAM GURUMURTHY SASTRY AND ORS.

1994 INSC 185Dismissed

The Supreme Court examined the acquisition of 71 acres of land by the Andhra Pradesh government for a private cooperative housing society that intended to develop plots for its members. The government had issued a notification under the Land Acquisition Act, 1894, contributed a token amount from …

SURINDERversusTHE STATE OF HARYANA

1994 INSC 186

During interrogation in a dacoity case, the appellant disclosed the location of a pistol and two cartridges, which were subsequently recovered. The armourer's report confirmed the pistol was functional but said nothing about the cartridges, which were not sealed. The Designated Court convicted the …

DR. UMRAO SINGH CHOUDHARYversusSTATE OF M.P. AND ANR.

1994 INSC 184

Dr. Umrao Singh Choudhary was appointed Vice‑Chancellor of Devi Ahilya Vishwavidyalaya under section 13 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. On 21 January 1994 the Governor, exercising power under section 52(1) of the same Act, issued a notification that the Vice‑Chancellor should …

THE NATIONAL AIRPORT AUTHORITYversusSHRI M.A. WAHAB

1994 INSC 180Appeal(s) allowed

Shri M.A. Wahab joined the National Airport Authority in 1957 with his date of birth recorded as 1 January 1934. After passing his matriculation in 1962, a certificate indicated his birth as 1 March 1939, and in 1990 he applied to have his service record corrected. The Authority refused and the …

STATE OF ANDHRA PRADESHversusHYDERABAD ASBESTOS CEMENT PRODUCTION LTD. ETC. ETC.

1994 INSC 179Appeal(s) allowed

The Supreme Court examined whether a sales‑tax appellate authority could entertain a Form‑C declaration when it had not been filed before the first assessing authority under the Central Sales Tax Act, 1957. The revenue argued that Rule 12(7) limited the filing of Form‑C to the time of assessment by …

GRAHAK SANSTHA MANCH AND ETC.versusSTATE OF MAHARASHTRA

1994 INSC 175

The petitioners, a coalition of cooperative societies running fair‑price ration shops and occupants of residential premises, challenged a State Government notice to vacate premises that had been requisitioned under the Bombay Land Requisition Act, 1948 more than four decades earlier. They argued …

CENTRAL BANK OF INDIAversusELMOT ENGINEERING COMPANY AND ORS.

1994 INSC 176

The Central Bank of India (appellant) had two suits in the Subordinate Court of Rangareddy, Andhra Pradesh, to enforce an equitable mortgage and recover expenses against Elmot Engineering Company (a limited company) and its directors. While the winding‑up petition against the company was pending, …

MANGILAL AND ORS.versusSTATE OF M.P.

1994 INSC 177

The appellants, Mangilal and others, were convicted under IPC sections 147 and 307 and appealed to the Madhya Pradesh High Court. While the appeal was listed, the counsel were absent because lawyers were on strike, leading the High Court to dismiss the appeal for want of prosecution and to comment …

STATE OF RAJASTHAN AND ORS.versusSARDAR PUSHPENDRA SINGH AND ORS.

1994 INSC 178

The State of Rajasthan acquired about 1800 acres of land for defence purposes under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer (LAO) could not determine the compensation because portions of the land were in excess of limits prescribed by the Rajasthan Tenancy Act, 1955 …

P. RATHINAM/NABHUSAN PATNAIKversusUNION OF INDIA AND ANR.

1994 INSC 171

The Supreme Court considered two writ petitions challenging the constitutional validity of Section 309 of the Indian Penal Code, which criminalises attempted suicide. The petitioners argued that the provision violated Articles 14 and 21 of the Constitution. After reviewing earlier High Court …

SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.

1994 INSC 172

Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent …

THE STATE OF ANDHRA PRADESH, ETC.versusMODERN PROTEINS LTD.

1994 INSC 173

Modern Proteins Ltd., a dealer under the Andhra Pradesh General Sales Tax Act, dealt in groundnut products including deoiled cake and groundnut protein flour. For the 1977-78 assessment year, the Central Tax Officer taxed the flour at 4% under the Central Sales Tax Act, but the Assistant …

K.A.A. RAJA AND ORS.versusSTATE OF KERALA AND ANR.

1994 INSC 174Appeal(s) allowed

The State of Kerala acquired 52.88 acres of cardamom plantation for the Periyar Tiger Reserve under a notification issued under s.3(1) of the Kerala Land Acquisition Act, 1962. The Land Acquisition Officer initially valued the land at Rs.14.75 lakh, which was enhanced by the Subordinate Judge to …

JOGINDER KUMARversusSTATE OF U.P. AND OTHERS

1994 INSC 170Disposed off

The petitioner, Joginder Kumar, a 28‑year‑old advocate, was taken into police custody in Ghaziabad on the pretext of assisting with investigations and was not produced before a magistrate for five days. His brother’s inquiries revealed that the petitioner was being held in an undisclosed location, …

HICO PRODUCTS LTD.versusCOLLECTOR OF CENTRAL EXCISE

1994 INSC 167

HICO Products Ltd., a manufacturer of medicinal silicone products such as dimethicone and simethicone, claimed that these goods should be classified under the residuary Tariff Item 68 and therefore be exempt from excise duty under government notifications of 1982. The Central Excise authorities …

ANSHAD AND ORS.versusSTATE OF KARNATAKA

1994 INSC 168

The Supreme Court examined the convictions of five accused (Al, A2, A3, A4, A5) for the murders of Savitri Devi and her grandson Sunil and related robbery. The Sessions Court had sentenced them to life imprisonment, but the Karnataka High Court enhanced the sentences of Al, A2 and A3 to death. The …

L/NK. MEHARAJ SINGH/KALUversusSTATE OF UTTAR PRADESH

1994 INSC 163

The case concerned the murder of Laxman Singh on 3 November 1977, for which Kalu, Meharaj Singh and others were charged under Section 302 IPC. The trial court acquitted all accused, finding the First Information Report (FIR) to be ante‑timed and the eyewitness testimony unreliable, especially in …

SMT. INDRANI BAIversusUNION OF INDIA AND ORS.

1994 INSC 164Appeal(s) allowed

The widow of a turner who was dismissed from service challenged the disciplinary enquiry that led to his dismissal. The employee had alleged bias against the appointed enquiry officer and requested a change of officer, which the authorities ignored and proceeded with an ex parte enquiry. After the …

STATE OF U.P. AND ANR.versusPREM LATA MISRA AND ORS.

1994 INSC 165

The respondent was appointed as a temporary Assistant Project Officer under the National Adult Education Scheme, with her appointment stating that service could be terminated at any time by giving one month's notice or pay. In June 1982 she was terminated under the Uttar Pradesh Temporary Government …

SATISH CHANDRAversusREGISTRAR OF COOPERATIVE SOCIETIES, DELHI.

1994 INSC 166

The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did …

UNION OF INDIAversusM/S. JAIN ASSOCIATES AND ANR.

1994 INSC 161

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting …

STATE OF SIKKIMversusSURENDRA PRASAD SHARMA AND ORS. ETC. ETC.

1994 INSC 162Appeal(s) allowed

The State of Sikkim terminated the services of several non‑local employees appointed under temporary posts, invoking Rule 4(4) of the Sikkim Government Establishment Rules, 1974, which gave preference to Sikkimese nationals. The employees challenged the terminations before the Sikkim High Court, …

THE ENTRY TAX OFFICER, BANGALORE ETC. ETC.versusM/S CHANDANMAL CHAMPALAL AND CO.

1994 INSC 160Appeal(s) allowed

The Entry Tax Officer of Karnataka challenged the Karnataka Tax on Entry of Goods into Local Area for Consumption, Use or Sale therein Act, 1979, contending that the tax applied to goods sold within a local area even when the seller intended to take them out of the area. The Karnataka High Court …

ITC BHADRACHALAM PAPER BOARDS LTDversusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD.

1994 INSC 159Dismissed

ITC Paper Boards Ltd. appealed against the CEGAT order denying it full exemption from excise duty on paperboard manufactured since 1979. The exemption was granted to printing and writing paper by a 24 April 1981 notification and later extended to paperboard by a 2 April 1984 notification, with a …

JASHUBA BHARATSINH GOHIL AND ORS .versusSTATE OF GUJARAT

1994 INSC 153Disposed off

The Supreme Court examined the murder‑conspiracy case of 20 September 1984 in which twelve persons were tried for offences including murder, unlawful assembly and illegal possession of arms. The trial court convicted all accused and sentenced them to life imprisonment; the Gujarat High Court upheld …

MEESALA RAMAKRISHANversusSTATE OF ANDHRA PRADESH

1994 INSC 155Dismissed

Meesala Ramakrishnan was convicted of murdering his wife by setting her on fire. The principal evidence was the victim's dying declaration, which she could not speak and therefore communicated through nods and gestures recorded by a magistrate. The issue before the Supreme Court was whether such a …

STATE OF ANDHRA PRADESHversusT.G. LAKSHMAIAH SETTY AND SONS

1994 INSC 157Appeal(s) allowed

The assessee, T.G. Lakshmaiah Setty & Sons, a dealer in groundnut oil and cotton seeds, was assessed under the Andhra Pradesh General Sales Tax Act, 1957 for the years 1967‑68, 1970‑71 and 1971‑72 on cotton lint at 3% as an unclassified good. Relying on Alimchand Topandas Oil Mills, they argued that …

VASANT PRATAP PANDITversusDR. ANANT TRIMBAK SABNIS

1994 INSC 152Dismissed

The tenant of a residential premises died leaving a will that bequeathed the tenancy rights to her sister's son. The appellant, as executor, sought eviction of the respondents who were residing in the premises, arguing that the bequest conferred a tenancy. The respondents contended that a …

OM PRAKASHversusASSISTANT ENGINEER, HARYANA AGRO INDUSTRIES CORPORATION AND ORS.

1994 INSC 151Appeal(s) allowed

Om Prakash booked a tractor on 12‑12‑1990, paying an advance and was first on the dealer's booking list. The dealer delayed delivery, supplied tractors to lower‑ranked customers, and when the tractor was finally delivered on 21‑9‑1991 the price had risen, causing a loss of Rs 40,690 to the consumer. …

A. NEELALOHITHADASAN NADARversusGEORGE MASCRENE AND OTHERS

1994 INSC 150Dismissed

The appellant, A. Neelalohithadasan Nadar, was declared elected from the Kovalam Assembly seat, but the first respondent, George Mascrene, filed an election petition alleging double voting and void votes under Section 62(4) of the Representation of People Act, 1951. The Kerala High Court inspected …

NEW DELHI MUNICIPAL COMMITTEEversusM/S. GYMKHANA CLUB LTD. AND ORS.

1994 INSC 149Appeal(s) allowed

The New Delhi Municipal Committee appealed against a Delhi High Court decision that excluded the market value of leasehold land from the calculation of annual value for house tax under the Punjab Municipal Act. The respondents, including the Gymkhana Club, argued that their leasehold interest, …

G. GIRIYAPPA AND ORS.versusANANTHARAI L. PAREKH AND ORS.

1994 INSC 146Appeal(s) allowed

The landlord (appellants) leased land to a tenant (respondent No.1) who was permitted to construct a building and sub‑let portions. After the Karnataka Rent Control Act, 1961 came into force, the tenant inducted sub‑tenants. The landlord sought eviction under Section 21(1) of the Act. The trial …

SATYAPAL SINGHversusTHE HARYANA STATE SUBORDINATE SELECTION BOARD AND ORS.

1994 INSC 147Disposed off

The appellant, Satyapal Singh, a 40% disabled ex‑serviceman, was appointed on an ad‑hoc basis as Technical Tracer and was recommended by the Haryana Rajya Sainik Board for regular appointment. The Haryana State Subordinate Services Selection Board, however, did not recommend his regularisation …

BURMAH SHELL OIL STORAGE AND DISTRIBUTING COMPANY OF INDIA LTD. (NOW KNOWN AS BHARAT PETROLEUM CORPORATION LTD.)versusTHE COMMISSIONER OF INCOME TAX (CENTRAL), CALCUTTA

1994 INSC 143Dismissed

The appellant, Burmah Shell Oil Storage and Distribution Co. (now Bharat Petroleum), purchased iron cylinders as returnable packages for LPG distribution, costing Rs 1,09,63,754, and claimed no depreciation. In 1961 it sold the cylinders to the refinery for Rs 82,19,947, incurring a loss of Rs …

P. PUNNIAHversusJEYPORE SUGAR CO. LTD. AND ORS.

1994 INSC 144Appeal(s) allowed

Three shareholders of Jeypore Sugar Co. Ltd., including a daughter residing in the USA, filed a petition under sections 397/398 of the Companies Act, 1956. The daughter had executed a General Power of Attorney (GPA) in favour of her father, who gave written consent on her behalf as required by …

MOHD. IQBAL KHANDAYversusABDUL MAJID RATHER

1994 INSC 145Appeal(s) allowed

The respondent, a lecturer, sought ad‑hoc promotion to Associate Professor and obtained an interim order from the High Court directing the State Government to grant the promotion. The government failed to implement the order, leading the respondent to initiate contempt proceedings, after which the …

S.N. THAPAversusSTATE OF MAHARASHTRA

1994 INSC 141Disposed off

The appellant, an Additional Collector of Customs, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in the Bombay bomb blast case for allegedly colluding with smugglers to import arms and explosives. The Designated Court dismissed his bail application under Section …

UNION OF INDIA AND ANR.versusDISTRICT JUDGE, UDHAMPUR AND ORS.

1994 INSC 142Appeal(s) allowed

The Union of India sought compensation for land requisitioned by the State of Jammu & Kashmir for an air‑field extension. The competent authority fixed market value, solatium and interest, but the local officer required approval of the Union of India, which was never obtained. The Union invoked …

SHANKAR @ GAURL SHANKAR AND OTHERSversusSTATE OF TAMIL NADU

1994 INSC 140Dismissed

The appellants, a gang led by A‑1 (Shankar @ Gauri Shankar) and his associates A‑2 to A‑6, were convicted of six murders committed in a brutal, organised manner involving a brothel and illicit arrack business. The prosecution's case rested on the testimony of an approver (P.W.1) and the retracted …

SUBHASH DESAIversusSHARAD J. RAO AND ORS.

1994 INSC 136Dismissed

Subhash Desai, elected from Goregaon as a Shiv Sena candidate, was challenged by Sharad J. Rao of Janata Dal for alleged corrupt practices. The election petition alleged that Desai had appealed to voters on religious grounds, published a false newspaper report to vilify Rao, and incited communal …

P.K. VIJAYANversusKAMALAKSHI AMMA AND ORS.

1994 INSC 131Dismissed

The landlords filed an eviction petition under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, which the Rent Controller accepted, directing them to sue in civil court. The tenant first sought relief under Section 72B of the Kerala Land Reforms Act, claiming assignment of …

EX. CAPT. HARISH UPPALversusUNION OF INDIA AND ORS.

1994 INSC 132Dismissed

Harish Uppal, a former Indian Army officer, was court‑martialed and sentenced to dismissal and two years' rigorous imprisonment for irregularities during the 1971 Bangladesh operations. While incarcerated, his advocate filed a post‑confirmation petition under Section 164(2) of the Army Act, 1950, …

SOORAJMULL NAGARMULLversusDALHOUSIE PROPERTIES LTD. AND ANR.

1994 INSC 133Disposed off

The Supreme Court heard a civil appeal (No. 2846 of 1979) arising from a 40‑year landlord‑tenant dispute between Soorajmull Nagarmull (tenant) and Dalhouise Properties Ltd. (landlord). While the appeal was pending, the parties reached a compromise covering rent, compensation for past occupation, tax …

STATE OF GUJARATversusMEGHJI PETHRAJ SHAH CHARITABLE TRUST

1994 INSC 130Appeal(s) allowed

In 1954, Shri M.P. Shah donated Rs.15 lakh to the Government of Saurashtra for establishing a medical college, with the condition that he or his nominee could nominate 10% of the seats for admission. The Government of Gujarat later decided to discontinue the donor's 12-seat quota, invoking the …

RAM NARAIN PRASAD AND ANR.versusATUL CHANDER MITRA AND ORS.

1994 INSC 128Appeal(s) allowed

The appellants filed an eviction suit against the first respondent, claiming they were landlords and the respondent was a tenant in arrears of rent, and valued the suit on the basis of twelve months' rent. The respondent denied any landlord‑tenant relationship and argued that the suit required …

KAZI LHENDUP DORJIversusTHE CENTRAL BUREAU OF INVESTIGATION AND ORS.

1994 INSC 129Case Allowed

The former Chief Minister of Sikkim challenged a 1987 notification that withdrew the State's consent, given under section 6 of the Delhi Special Police Establishment Act, 1946, for CBI investigations into alleged corruption. The petition raised whether a State could revoke such consent, whether …

COL. SIR HARINDER SINGH BRAR BANS BAHADURversusBLHARL LAL AND OTHERS ETC.

1994 INSC 121Dismissed

The tenant, Biharlal, applied under Section 18 of the Punjab Security of Land Tenures Act, 1953 to purchase 224 kanals 18 marlas of land owned by Harjinder Singh Brar. The Assistant Collector approved the purchase, but the land‑owner appealed, leading to a series of appellate and revisional orders …

MOHAMMAD JAFAR AND ORS. ETC. ETC.versusUNION OF INDIA

1994 INSC 122Case Allowed

The Central Government, on 10 December 1992, declared the Jamaat-e-Islami Hind (JEIH) an unlawful association under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, and invoked the proviso to Section 3(3) to give the ban immediate effect. The petitioners challenged this exercise of …

UNION OF INDIA AND ORS.versusSCIENTIFIC WORKERS ASSOCIATION (REGD.) KANPUR AND ORS.

1994 INSC 123Appeal(s) allowed

The Board of Arbitration under the Joint Consultative Machinery (JCM) Scheme awarded a higher pay scale to Senior Scientific Assistants effective 22 September 1982. The Government of India, without invoking the procedure in Clause 21 of the JCM Scheme, decided to implement the award from 1 January …

BALWANT SINGH AND ANR. ETC. ETCversusSTATE OF HARYANA

1994 INSC 124Disposed off

Balwant Singh, his brother Mahabir Singh, Lal Singh and Abhey Singh were convicted for murder under Sections 302 and 34 IPC. The High Court acquitted Mahabir and Lal Singh, but upheld the convictions of Balwant and Abhey. On appeal, the Supreme Court examined the credibility of eye‑witnesses Raj …

K.T. HUCHEGOWDAversusDEPUTY COMMISSIONER AND ORS.

1994 INSC 120Disposed off

The father of the third respondent was granted four acres of land by the Karnataka Government in 1957 with a condition that it could not be alienated for fifteen years. He illegally transferred two acres to Ismail Saheb in 1965, who later sold the land to the appellant in 1979, before the Karnataka …

B. SIVANANDAversusTHE ANDHRA BANK LTD. AND ANR.

1994 INSC 125Disposed off

The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for …

COL. SIR HARINDER SINGH BRAR BANS BAHADURversusBIHARI LAL AND ORS. ETC.

1994 INSC 126Dismissed

Harinder Singh, the landowner, sold a tenanted parcel of land to his tenant Bihari Lal under Section 18 of the Punjab Security of Land Tenures Act, 1953. The tenant applied for purchase, was granted a purchase price, and deposited the first instalment on 12 March 1963, thereby becoming a deemed …

UNION OF INDIAversusP.N. MENON AND ORS.

1994 INSC 118Appeal(s) allowed

The Union of India appealed against a High Court order that had upheld a writ petition filed by retired government servants (P.N. Menon and others) who argued that Office Memorandum No. F‑19(4)‑E.V./79 of 25 May 1979, which treated a portion of dearness allowance as "dearness pay" for pension and …

K. SASIDHARANversusKERALA STATE FILM DEVELOPMENT CORPORATION

1994 INSC 119Dismissed

The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras …

STATE OF WEST BENGAL AND ORS.versusHARI NARAYAN BHOWAL AND ORS.

1994 INSC 116Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that directed the government to grant agragamies (volunteers) of the West Bengal National Volunteer Force the same pay scale and benefits as police constables, on the ground of "equal pay for equal work". The respondents, …

PUNJAB STATE ELECTRICITY BOARDversusBASSI COLD STORAGE, KHABAR AND ANR.

1994 INSC 117Appeal(s) allowed

Bassi Cold Storage, a consumer of electricity supplied by the Punjab State Electricity Board, claimed that its supply was wrongfully disconnected and sought damages. The consumer invoked Condition 29 of the Board's Abridged Conditions of Supply, which provided that disputes not determinable under …

MARWADI KISHOR PARMANANDversusSTATE OF GUJARAT

1994 INSC 115Dismissed

The appellants, Marwadi Kishor Parmanand and Marwadi Mangal Dhulji, were charged with murder of Punaram and Sohanlal under IPC sections 302 and 34. The trial court acquitted them, finding the sole eye‑witness, Ranchhodbhai (PW‑1), unreliable. The Gujarat High Court reversed the acquittal, holding …

KARTAR SINGHversusSTATE OF PUNJAB

1994 INSC 112Disposed off

The Supreme Court considered a batch of writ petitions and appeals challenging the constitutional validity of the Terrorist Affected Areas (Special Courts) Act, 1984, the Terrorist and Disruptive Activities (Prevention) Act, 1985, and the Terrorist and Disruptive Activities (Prevention) Act, 1987 …

D.C. AGARWALversusSTATE BANK OF INDIA AND ORS.

1994 INSC 114Appeal(s) allowed

D.C. Agarwal, a Deputy General Manager of State Bank of India, was subjected to a departmental inquiry that reduced his rank by three grades, an order later set aside by the High Court and upheld by the Supreme Court. The Bank was directed to consider him for promotion, but as he approached the …

S.R. BOMMAIversusUNION OF INDIA AND ORS.

1994 INSC 111

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, …

JAGMAL SINGH YADAVversusAIMADUDDIN AHMED KHAN

1994 INSC 109Disposed off

The appellant Jagmal Singh Yadav was elected to the Rajasthan Legislative Assembly, but his election was set aside by the High Court on the ground that he had committed a corrupt practice under section 123(4) of the Representation of the People Act by causing a defamatory news item to be published …

STATE OF U.P.versusMATA BHIKH AND ORS.

1994 INSC 110Appeal(s) allowed

The State of U.P. appealed against a High Court order that set aside the conviction of respondents for violating a Section 145 order because the complaint was filed by a successor magistrate rather than the magistrate who originally issued the order. The Supreme Court examined the meaning of "public …

SHRI S.K. MAINIversusM/S. CARONA SAHU COMPANY LTD. AND ORS.

1994 INSC 107Dismissed

Shri S.K. Maini, employed as Shop Manager/In‑charge of M/s Carona Sahu Co. Ltd., was terminated after a domestic enquiry. The Labour Court held he was a workman under Section 2(s) of the Industrial Disputes Act, 1947 and ordered his reinstatement with back wages. The Punjab & Haryana High Court …

BHANABHAI KHALPABHAIversusTHE COLLECTOR OF CUSTOMS AND ANR.

1994 INSC 108

The police and customs officials recovered 101 silver ingots worth over Rs. 18 lakh from the appellant's wadi, which lay within the 50‑km specified area and the ingots were notified as specified goods. The appellant admitted the recovery but claimed he did not know how the ingots came to be there …

AJAY KUMAR SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

1994 INSC 106Dismissed

The State of Bihar issued a prospectus for the 1992 Post‑Graduate Medical Admission Test reserving 50% of seats for socially and educationally backward classes, Scheduled Castes, Scheduled Tribes and women. The appellants challenged this reservation before the Patna High Court, which dismissed their …

MITHILESH RANI AND ORS.versusREGIONAL TRANSPORT AUTHORITY, DEHRADUN AND ORS.

1994 INSC 104Appeal(s) allowed

The appellants applied to the Regional Transport Authority, Dehradun for stage carriage permits on the Muzaffarnagar‑Yamuna Bridge route. While the applications were pending, the Supreme Court stayed the issuance of fresh permits on routes covered by certain writ petitions, but clarified that the …

TELANGANA STEEL INDUSTRIES AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1994 INSC 105Appeal(s) allowed

The appellants, Telangana Steel Industries and others, challenged the levy of sales tax on iron wires produced from wire rods that had already been taxed. The issue was whether wires constitute a separate taxable commodity from the rods under Section 14(iv)(xv) of the Central Sales Tax Act, 1956, …

SONAPUR TEA COMPANY PVT. LTD. & ANR.versusSTATE OF ASSAM AND ANR.

1994 INSC 103Appeal(s) allowed

Sonapur Tea Company owned a 1,617‑bigha tea estate in Kamrup, Assam that was requisitioned by the Union Defence Department under the Defence of India Act, 1962. After a portion was de‑requisitioned, the remaining estate was deemed requisitioned under the Requisitioning and Acquisition of Immovable …

ARJUN MARIK AND ORS.versusSTATE OF BIHAR

1994 INSC 100Appeal(s) allowed

The appellants Arjun Marik, Mulo Marik and Bansi Marik were convicted of murdering Sitaram, his wife and granddaughter and of robbery, and sentenced to death under IPC sections 302, 394 and 411. The Supreme Court re‑examined the circumstantial evidence, finding no reliable motive, inconsistencies in …

CHASE BRIGHT STEEL LTD.versusSHANTARAM SHANKAR SAWANT AND ANR.

1994 INSC 101Dismissed

Chase Bright Steel Ltd., a tenant since 1963, was served a notice in 1977 by the landlord demanding arrears of permitted increases of Rs 56.50 per month from February 1976, along with allegations of unauthorized alterations and nuisance. The tenant applied under Section 11(3) of the Bombay Rents, …

SMT. SHANTI BAI AND OTHERSversusDINKAR BALKRISHNA VAIDYA AND ORS.

1994 INSC 102Dismissed

The case concerned an 11,000 sq.ft. property originally mortgaged and then leased with a clause permitting sub‑leasing. The original lessee sub‑leased the land to two sub‑lessees, who constructed shops, further assigned their interests to other parties, and eventually the assignees sought protection …

RAMPAL PITHWAS RAHIDASS AND ORS.versus'STATE OF MAHARASHTRA ETC.

1994 INSC 95Appeal(s) allowed

The case concerned a dacoity‑cummurder on a highway in July 1984 for which eight persons were convicted, largely on the testimony of an approver, Ramcharan, who had been arrested under suspicious circumstances and later granted pardon. The Supreme Court examined the legality of his arrest, the …

STATE OF PUNJAB .versusBALBIR SINGH AND ORS. ETC. ETC.

1994 INSC 96Disposed off

The Supreme Court examined a series of cases where the State of Punjab alleged that arrests, searches and seizures under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) were illegal because police officers failed to comply with certain statutory provisions. The Court held that …

RAMSINH BAVAJI JADEJAversusSTATE OF GUJARAT

1994 INSC 97Dismissed

The appellant was acquitted by the trial court of murder (Sec. 302 IPC) but was convicted on appeal by the Gujarat High Court. The conviction rested on the statement of the deceased's brother (PW6) recorded by the investigating officer after a telephonic message about the incident was received. The …

C.W.S. (INDIA) LIMITEDversusTHE COMMISSIONER OF INCOME TAX

1994 INSC 98Dismissed

The appellants challenged the disallowance of certain expenditures under Sections 40(a)(v) and 40A(5) of the Income Tax Act, 1961, arguing that the ceiling on such expenditures should not apply to assets used by an employee unless the employee also received a benefit under clause (i). The Supreme …

S.P. VAITHIANATHANversusK. SHANMUGANATHAN

1994 INSC 99Appeal(s) allowed

The appellant, an arrack shop in‑charge, complained to senior police officials that the Additional Superintendent of Police, K. Shanmuganan, was colluding with illicit distillers. The respondent summoned the appellant, beat him and later tortured him. The appellant filed a criminal complaint under …

LIFE INSURANCE CORPORATION OF INDIAversusMRS. ASHA RAMCHANDRA AMBEDKAR AND ANR.

1994 INSC 93Appeal(s) allowed

The widowed wife of a deceased LIC employee and her son applied for employment on compassionate grounds after the employee's death. The corporation rejected the wife's claim due to her exceeding the age limit and rejected the son's claim citing a circular that barred compassionate appointments when …

STATE OF U.P.versusU.P. UNIVERSITY COLLEGES PENSIONERS ASSOCIATION

1994 INSC 94Disposed off

The State of Uttar Pradesh issued a Government Order in 1980 offering two pension schemes to teachers of aided degree colleges, one of which provided pension without gratuity for those retiring at 60. Most teachers chose this scheme, but the Association challenged the computation of pension on the …

RAM CHANDRA TRIPATHIversusU.P. PUBLIC SERVICES TRIBUNAL IV AND ORS.

1994 INSC 91Dismissed

R.C. Tripathi, appointed as Overseer (later Junior Engineer) in the Local Self‑Government Engineering Department in 1964, was confirmed in 1975 despite a High Court injunction prohibiting such confirmations. The confirmation was later rectified by a de‑confirmation order in 1978 without giving …

KRISHANLALversusSTATE OF JAMMU AND KASHMIR

1994 INSC 92Case Allowed

Krishanlal, a clerk in the Jammu & Kashmir Home Guards, was investigated by the Anti‑Corruption Commission under the J&K (Government Servants) Prevention of Corruption Act, 1962. The Commission recommended his dismissal, but the authorities failed to furnish him a copy of the inquiry proceedings as …

KRISHAN CHANDER DUTIA (SPICE) PVT. LTDversusCOMMERCIAL TAX OFFICER AND ORS.

1994 INSC 89Appeal(s) allowed

The appellant, K.C.D. Pvt. Ltd., bought whole black pepper and whole turmeric in West Bengal, ground them into powder, and sold the powder. It argued that under the West Bengal Sales Tax Act, 1954, the powdered forms are the same goods as the whole forms, already taxed at the first point of sale, …

STATE OF RAJASTHAN AND ANR.versusSHRI PURKHA RAM AND ANR.

1994 INSC 90Dismissed

The case involved displaced persons from the Bhakra Nangal Dam who were rehabilitated in the Rajasthan Canal Colony and allotted land under the Rajasthan Colonisation Act, 1954 and the 1967 Rules, with payment required as per Rule 23, which they duly made. In 1984 the government issued notices under …

RAJA RAM AND ORS.versusSTATE OF MADHYA PRADESH

1994 INSC 86

Ten persons, including eight appellants, were tried for murder (Sec. 302 read with Sec. 149 IPC) and other offences arising from an assault on the deceased Halke. The High Court convicted them of murder and sentenced them to life imprisonment, along with convictions under Sec. 323 and Sec. 325 IPC …

ADDL. SPECIAL LAND ACQUISITION OFFICERversusYAMANAPPA BASALINGAPPA CHALWADI

1994 INSC 87

The respondents' agricultural lands were acquired under the Land Acquisition Act, 1894 for the Upper Krishna Project. The District Judge, based on evidence that two dry‑season crops yielded Rs 720 per acre, applied a 15‑year multiplier to compute a market value of Rs 800 per acre, which the …

ASSISTANT EXCISE COMMISSIONER AND ORS.versusISSAC PETER AND ORS. ETC. ETC.

1994 INSC 85

The Supreme Court examined disputes arising from the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, where licensees of arrack shops claimed the State was contractually obliged to supply additional quantities of liquor beyond the statutorily mandated monthly quota. The Court held that the …

LAXMAN NAIKversusSTATE OF ORISSA

1994 INSC 88Dismissed

The Supreme Court examined the appeal of Laxman Naik, who was convicted of raping and murdering his 7‑year‑old niece. The prosecution case was built entirely on circumstantial evidence, including eyewitnesses who saw the accused and victim together, the accused’s false statements about the victim’s …

STATE OF MAHARASHTRAversusABDUL HAMID HAJI MOHAMMED

1994 INSC 82

In 1993 a series of bomb blasts in Bombay led to the arrest of Abdul Hamid Haji Mohammed, during which six Chinese AK‑56 rifles and twelve magazines were recovered. The Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) refused his bail, holding that the …

PRABHUversusSTATE OF RAJASTHAN

1994 INSC 84Dismissed

The appellant, a milk vendor, had a sample of his milk taken by a food inspector on 19 March 1983, which was sent for analysis and reported as adulterated. He was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, sentenced to six months imprisonment and …

K.S. SUNDARARAJU CHETTIARversusM.R. RAMACHANDRA NAIDU

1994 INSC 80Dismissed

The landlord, K.S. Sundararaju Chettiar, evicted his tenant M.R. Ramachandra Naidu under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, first on the ground of his own business expansion and later also on the basis of a pawn‑broking partnership run by his wife and daughter‑in‑law. The …

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA., REGARDING ENQUIRY AND REPORT ON THE ALLEGATIONSversusAGAINST SH M. MEGHA CHANDRA SINGH, CHAIRMAN, MANIPUR SERVICE COMMISSION.

1994 INSC 79Disposed off

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an inquiry into allegations of misbehaviour against Shri M. Megha Chandra Singh, Chairman of the Manipur Public Service Commission, including tampering with examination papers and taking a …

BALWANT SINGHversusSTATE OF PUNJAB AND ANR.

1994 INSC 81Appeal(s) allowed

Balwant Singh, a police constable, fired his service rifle during a clash with villagers who were assaulting police officers. He fired two shots in the air to scare the assailants, but two by‑standers (Karnail Singh and Pahalwan Ram) were struck and died. The trial court acquitted him, the High …

JAIPUR DEVELOPMENT AUTHORITYversusRADHEY SHYAM AND ORS.

1994 INSC 78Appeal(s) allowed

The Government of Rajasthan acquired land for the development of Jaipur city under the Rajasthan Land Acquisition Act, 1953. After an initial award excluded a portion of the land, the Land Acquisition Officer made a 1974 award that deducted compensation by allotting portions of the acquired land to …

TARAPORE AND CO.versusSTATE OF MADHYA PRADESH

1994 INSC 77

Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the …

SETHI ROOP LALversusMRS. MALTI THAPAR AND ORS.

1994 INSC 72

The appellant contested the 1992 Moga Assembly election, losing by seven votes, and filed an election petition alleging that 22 bogus votes were cast for the winning respondent by impersonating dead electors. The petition sought production of the ballot paper account and the marked copies of …

STATE OF PUNJAB AND ANR.versusHANS RAJ (DEAD) BY LRS./SOHAN SINGH AND ORS.

1994 INSC 73Appeal(s) allowed

The State of Punjab acquired land under the Land Acquisition Act, 1894 and the Land Acquisition Officer initially awarded Rs.29.46 per marla as compensation. The District Judge enhanced this to Rs.50 per marla, and the High Court single judge further raised the market value to Rs.375 per marla and …

FOOD CORPORATION OF INDIAversusNEW INDIA ASSURANCE CO. LTD. AND ORS. ETC. ETC.

1994 INSC 70

The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' …

THE REGISTRAR OF CO-OPERATIVE SOCIETIES, MADRAS AND ANR.versusF.X. FERNANDO

1994 INSC 71

The Registrar of Co‑operative Societies (appellant) was directed by the Tamil Nadu Government to discipline Joint Registrar F.X. Fernando (respondent) for alleged irregularities. The vigilance department delayed its inquiry, after which the Government amended Rule 12 of the Tamil Nadu Civil Service …

SHAILESH PRABHUDAS MEHTA AND ORS.versusCALICO DYING AND PRINTING MILLS LTD.

1994 INSC 74

The appellants, heirs of a deceased shareholder of Calico Dying & Printing Mills Ltd., sought transmission of 100 shares after obtaining an heirship certificate. The company, having amended its Articles of Association in 1977 to empower the Board to refuse any transfer without reason, declined to …

STATE OF KERALA AND ORS.versusMCDOWELL AND CO. LTD.

1994 INSC 75

The State of Kerala challenged the classification of a document executed by McDowell & Co. under Form VI of the Distillery and Warehouse Rules, required by Section 7 of the Kerala Abkari Act for deferred export duty, as an agreement rather than a bond for stamp duty purposes. The High Court held the …

DR. A. FRANKLIN JOSEPHversusSTATE OF TAMIL NADU AND ORS.

1994 INSC 68Appeal(s) allowed

Dr. A. Franklin Joseph, a registered medical practitioner, was second on the waiting list for a Diploma in Diabetology seat that became vacant when the All India Quota seat was returned to the State. The State filled the vacancy with a service candidate who had lower marks (71.50%) than Dr. Joseph …

STATE BANK OF PATIALA AND ANR.versusHARBANS SINGH

1994 INSC 69Dismissed

The landlord obtained a loan from State Bank of Patiala to construct a building which he would lease back to the bank for its commercial use. The loan agreement stipulated a 16% interest rate with quarterly rests, which the landlord contested. The trial court reduced the rate to 15% and eliminated …

STATE OF MAHARASHTRA AND ORS.versusATUR INDIA PVT. LTD.

1994 INSC 65

The State of Maharashtra invited tenders for a 99‑year lease of a plot in the Backbay Reclamation area. Atur India Pvt. Ltd. responded as a promoter, seeking to transfer the lease benefit to a cooperative housing society. The Collector accepted the tender but did not effect an actual demise, and …

SMT. GUMPHA AND ORS.versusJAIBAL

1994 INSC 66

The male testator executed a 1941 will granting each of his two wives a life interest in half of his property, with his daughter as ultimate beneficiary. After the testator's death in 1958, one widow executed a 1966 will transferring her interest to a stranger. The daughter (respondent) sued, …

DR. RAMESH CHANDRA TYAGIversusUNION OF INDIA AND ORS.

1994 INSC 67Appeal(s) allowed

Dr. R.C. Tyagi, a distinguished scientist, was transferred from Delhi to the Institute of Armament Technology, Pune in 1977 by an order issued by the Director General, although the Secretary of the department was the only authority empowered to transfer him. Tyagi challenged the transfer as …

PREM NATH AND ORS. ETC.versusFINANCIAL COMMISSIONER AND ORS. ETC.

1994 INSC 61

The case concerned land in Delhi that was originally evacuee property and was allotted in 1970 to Prem Nath, who later sold it to another party. Tenants of the land claimed that, upon allotment, the allottee became a Bhumidhar under the Delhi Land Reforms Act (DLRA) and that they thereby acquired …

R.M. INVESTMENT AND TRADING CO. PVT. LTD.versusBOEING CO. AND ANR.

1994 INSC 62Dismissed

R.M. Investment & Trading Co. (RMI) entered into a consultancy agreement with Boeing to promote sales of aircraft in India and later claimed a commission of US$17.5 million after Boeing sold two aircraft to Air India. The agreement contained an arbitration clause, and Boeing invoked Section 3 of the …

THE ANDHRA PRADESH STATE FINANCIAL CORPORATIONversusGAR RE-ROLLING MILLS AND ANR.

1994 INSC 64

The Andhra Pradesh State Financial Corporation (the appellant) had advanced loans to Gar Re‑rolling Mills (the respondent) which defaulted, leading the corporation to first obtain an order under Section 31 of the State Financial Corporations Act and later to invoke Section 29 to sell the mortgaged …

BOARD OF SCHOOL EDUCATION HARYANAversusARUN RATHI AND ORS.

1994 INSC 56Appeal(s) allowed

The Board of School Education, Haryana, under Regulation 26 of its 1990 Examination Regulations, allowed a 1% grace‑mark concession to help candidates pass but barred its use for earning compartment. After earlier High Court rulings (Anil Kumar) directing the Board to grant grace marks for …

RAVI S. NAIK AND SANJAY BANDEKAR AND ANR.versusUNION OF INDIA AND ORS.

1994 INSC 57Dismissed

The case concerned disqualification of members of the Goa Legislative Assembly under Article 191(2) read with the Tenth Schedule. Bandekar and Chopdekar were disqualified for allegedly having voluntarily given up their MGP membership, while Naik was disqualified on similar grounds after claiming a …

GURJOGINDER SINGHversusSMT. JASWANT KAUR AND ANR.

1994 INSC 58

The appellant, a tenant, was evicted by the landlord (respondent No.1) under an ex‑parte order, which was later set aside, and the tenant obtained a restoration order under Section 144 of the Code of Civil Procedure. Before the warrant could be executed, respondent No.2 claimed to be a bona‑fide …

DALMIA INDUSTRIES LTD. AND ANR.versusTHE STATE OF UITAR PRADESH AND ANR.

1994 INSC 59Dismissed

The Uttar Pradesh Government decided to privatise the loss‑making Uttar Pradesh State Cement Corporation Ltd. and entered into a memorandum with Dalmia Industries Ltd. for the latter to acquire 51% of the shares. While the transfer was pending, the High Court stayed the privatisation and issued …

SHYAM BABU VERMA AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 53

The petitioners, appointed as Pharmacists Grade‑B in the Northern Railway Central Hospital, were placed in the higher pay scale of Rs 330‑560 despite being qualified only under clause (d) of Section 31 of the Pharmacy Act, 1948, which entitled them to the lower scale of Rs 330‑480. In 1984 they were …

POWER CONTROL APPLIANCES AND ORS.versusSUMEET MACHINES PVT. LTD.

1994 INSC 54Appeal(s) allowed

The plaintiffs, Power Control Appliances and related companies, owned the copyright in the packaging, instruction manual, guarantee card and the design of the 'whipper blade' of their 'Sumeet' kitchen mixers, and the registered trade mark 'Sumeet'. The defendant, Sumeet Machines Pvt. Ltd., began …

RAM DULARversusDY. DIRECTOR OF CONSOLIDATION, JAUNPUR AND ORS.

1994 INSC 55

The appellant claimed a half‑share in ancestral land based on his lineage and long‑term possession, which the Consolidation Officer and Settlement Officer recognized. The Deputy Director of Consolidation, exercising power under Section 48 of the U.P. Consolidation of Holdings Act, 1953, reversed …

K. ASHOK REDDY ETC.versusTHE GOVERNMENT OF INDIA AND ORS.

1994 INSC 50Dismissed

K. Ashok Reddy filed a writ petition seeking a declaration that High Court judges could not be transferred under Article 222 of the Constitution, alleging that transfers were arbitrary, biased and eroded judicial independence, and that the Supreme Court's Judges' Case‑II had wrongly excluded …

THE PRINTERS (MYSORE) LTD. AND ANR.versusASSTT. COMMERCIAL TAX OFFICER AND ORS.

1994 INSC 51Disposed off

Printers (Mysore) Ltd. and other newspaper publishers challenged the Central Sales Tax authorities' demand that they pay tax at the higher 10% rate on raw materials used for printing, arguing that the amendment to the definition of "goods" in the Central Sales Tax Act, 1956 (which excluded …

STATE OF HARYANA AND ORS.versusMAHABIR PRASAD SHARMA AND ORS.

1994 INSC 52Disposed off

The State of Haryana sought recruitment of 11 Chief Inspectors, with a selection committee appointing 11 and placing four general‑category candidates on a waiting list. The candidates challenged the non‑appointment, and the Punjab & Haryana High Court held that while the waiting list did not create …

BHERU SINGH S/0 KALYAN SINGHversusSTATE OF RAJASTHAN

1994 INSC 44Dismissed

Bheru Singh was convicted of murdering his wife and five children. He lodged a first information report (FIR) admitting motive and describing the killings, and later gave a judicial confession under Section 164 Cr.P.C., which he later retracted. The Supreme Court examined whether the FIR could be …

PREMIUM GRANITES AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1994 INSC 45

The Supreme Court examined the validity of Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959, which permits the State Government to grant or renew quarry leases in special cases for mineral development and public interest. The petitioners argued that the rule conferred unguided, …

VEERAMANIversusSTATE OF TAMIL NADU

1994 INSC 46

Veeramani was detained on 16 February 1993 under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, on the ground that he was a "goonda" and likely to commit acts prejudicial to public order if released on bail. He challenged the detention before the High Court, which …

P.V. PAPANNA AND ORS.versusK. PADMANABHAIAH

1994 INSC 47Appeal(s) allowed

The landlord obtained a decree of possession against the tenant under Section 21(1) of the Karnataka Rent Control Act, 1961, on the ground of bona‑fide personal requirement to start a business. The landlord died before the tenant vacated, and his heirs sought to execute the decree. The tenant argued …

NARENDRA KUMAR CHANDLAversusSTATE OF HARYANA AND ORS.

1994 INSC 49

N.K. Chandla, a Sub‑Station Assistant in the Haryana State Electricity Board, lost his right arm due to cancer and could no longer perform technical duties. The Board reassigned him as a Carrier Attendant with a lower pay scale, which he contested. The Supreme Court ordered a medical board to assess …

RAMANKUTTY GUPTANversusAVARA

1994 INSC 42

The appellant, a vendor, sought rescission of a contract of sale under Section 28 of the Specific Relief Act, 1963, alleging the respondent failed to pay the balance consideration within the time fixed by an appellate decree for specific performance. The decree, passed by the appellate court, was …

SANTOSH DE AND ANOTHERversusARCHNA GUHA AND ORS.

1994 INSC 43Dismissed

The complainant, Archna Guha, filed a private complaint in 1977 alleging torture by five police officers in 1974. Two of the accused, Santosh De and Ranjit Guha Niyogi, sought discharge under Section 245(3) of the Criminal Procedure Code, arguing that the prosecution had failed to produce all …

MRS. SHAKUNTALA SHARMAversusHIGH COURT OF HIMACHAL PRADESH AT SHIMLA AND ANR.

1994 INSC 39Appeal(s) allowed

The case concerned promotion to the post of Superintendent in the Himachal Pradesh High Court. Two parallel streams of posts – Deputy Superintendents/Revisors and Senior Assistants/Translators – were governed by Rule 10 of the 1992 Recruitment (Conditions of Service) Rules, which required a minimum …

DEEP CHAND AND ORS.versusLAND ACQUISITION OFFICER AND ORS.

1994 INSC 40Dismissed

The State Government acquired 2 acres 46 cents of land belonging to Deep Chand, who objected under Section 49(1) of the Land Acquisition Act, 1894, insisting that the whole property, including his factory and office, should be taken. The Collector referred the dispute to the Civil Court, which held …

H.H. LAKSHMI BAI AND ANR. ETC. ETC.versusCOMMISSIONER OF WEALTH TAX ETC. ETC.

1994 INSC 41Dismissed

The appellants, H.H. Lakshmi Bai and others, invested Rs.70,000 in National Defence Certificates and Defence Deposit Certificates, which fall under clause (xv) of section 5(1) of the Wealth Tax Act, 1957. They already enjoyed the general exemption of Rs.150,000 under section 5(1) and claimed an …

A.P. STATE ELECTRICITY BOARDversusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1994 INSC 37Dismissed

The Andhra Pradesh State Electricity Board (APSEB) manufactured prestressed cement concrete poles for its own use and argued that the poles were not "goods" under Section 3 of the Central Excise and Salt Act, 1944 because they were not sold and had no market. The Revenue contended that the poles …

DIRECTORATE OF ENFORCEMENTversusDEEPAK MAHAJAN AND ANR.

1994 INSC 36Appeal(s) allowed

The Directorate of Enforcement arrested Deepak Mahajan under Section 35 of the Foreign Exchange Regulation Act (FERA) and produced him before a magistrate, who ordered his judicial remand under Section 167(2) of the Criminal Procedure Code (CrPC). Mahajan challenged the magistrate's jurisdiction, …

BILLA JAGAN MOHAN REDDY AND ANR.versusBILLA SANJEEVA REDDY AND ORS.

1994 INSC 34Appeal(s) allowed

The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their …

KRANTI SWAROOP MACHINE TOOLS PVT. LTD. AND ANR.versusSMT. KANTA BAI ASAWA AND ORS.

1994 INSC 31Appeal(s) allowed

The tenants, Kranti Swaroop Machine Tools Pvt. Ltd. and another, challenged eviction orders issued by the landladies, Smt. Kanta Bai Asawa and others, on the ground that they had not committed wilful default in rent or municipal taxes. The High Court had held that non‑payment of a small municipal …

ESHWARAIAH AND ANR.versusSTATE OF KARNATAKA

1994 INSC 32Dismissed

The deceased Ramesh was found dead in his house on the night of 14-15 December 1982 with injuries indicating asphyxia. Two accused, Eshwaraiah (a constable) and Mayamma (the deceased's mistress), entered the house after a cinema show and were later discovered hiding under a cot when the door was …

M.V. KRISHNA RAO AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1994 INSC 30Dismissed

The case concerned direct recruits to the Indian Police Service (IPS) who appealed against a Central Administrative Tribunal order that allowed promotee officers from the State Police Service to count their continuous officiating service from the date they were included in the IPS select list for …

SATYABRATA BISWAS AND ORSversusKALYAN KUMAR KISKU AND ORS.

1994 INSC 33Appeal(s) allowed

The Calcutta High Court, while hearing a contempt petition concerning alleged violations of a 15 September 1988 status‑quo order, allowed an oral application by Somani Builders—a party not impleaded—to remove a padlock and later directed that the builders be permitted to occupy the disputed church …

RAM JANAM SINGH AND ANR. ETC. ETC.versusSTATE OF UTTAR PRADESH AND ANR. ETC. ETC.

1994 INSC 24

The Supreme Court examined whether the Uttar Pradesh rules granting special seniority to demobilised officers commissioned during national emergencies (Nov 1962‑Jan 1968 and after Dec 1971) while excluding those commissioned between Jan 1968 and Dec 1971 violated Article 14. The respondent, a former …

BHOLA NATH VARSHNEY (SINCE DEAD) THROUGH HIS LRS.versusMULK RAJ MADAN

1994 INSC 25

The landlord, Bhola Nath Varshney, served a notice under Section 106 of the Transfer of Property Act, 1882 and filed an eviction suit in 1981 against his tenant, Mulk Raj Madan, for a building constructed in 1974. The issue was whether the Uttar Pradesh Buildings (Regulation of Letting, Rent and …

STATE OF MAHARASHTRAversusGURAPPA HIROJIRAO AND ORS. AND VICE VERSA

1994 INSC 26

The State of Maharashtra acquired about 108 acres of agricultural land within a municipal corporation for an agricultural produce market and made an award under the Land Acquisition Act, 1894. Several claimants, dissatisfied with the award, invoked Section 18 of the Act and obtained an enhanced …

UNION OF INDIA AND ORS.versusLEUKOPLAST PRIVATE LIMITED AND ORS.

1994 INSC 27Dismissed

The Union of India appealed against a Bombay High Court decision that a strip of surgical dressing (trade‑name Handyplast) medicated with 0.125% nitrofurozone was not a "patent or proprietary medicine" under Tariff Item 14‑E of the Central Excise and Salt Act. The product consisted of a sterile …

STATE OF U.P. AND ORS. ETCversusU.P. STATE LAW OFFICERS ASSOCIATION AND ORS. ETC.

1994 INSC 28Appeal(s) allowed

The Uttar Pradesh State Government appointed law officers and brief holders on contracts that allowed termination at any time without cause. The government later abolished the brief‑holder system and removed 26 law officers, prompting the officers to file a writ alleging violation of Article 14 and …