THE SPECIAL LAND ACQUISITION OFFICER, KALINADAI (HYDRO-ELECTRIC) PROJECT, DANDALI, UTTAR KANNADA DISTRICTversusVASANT GUNDU BALE
1995 INSC 65631 October 1995Appeal(s) allowed
The State acquired six acres of land for a hydro‑electric project under s.4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation which was enhanced by the reference court to Rs 15,520 per acre. The High Court, applying a multiplier of 15 to the rental value, raised the amount to Rs 18,0…
DADAN BAI WD/O BHAGCHAND SINDHIversusARJUNDAS
1995 INSC 23731 March 1995Disposed off
The appellant, a landlady, filed an eviction petition against the lessee under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961. The High Court dismissed the petition, holding that the appellant was not the owner because the premises were owned by the Municipal Corporation. On appeal, the Supreme Co…
PREM NATH KAPUR AND ANOTHER ETC.versusNATIONAL FERTILIZERS CORPORATION OF INDIA LIMITED AND OTHERS
1995 INSC 80629 November 1995Dismissed
The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded solatium, interest …
WAZIR SINGH, JBT TEACHER AND ORS.versusTHE STATE OF HARYANA THROUGH ITS SECRETARY, EDUCATION DEPARTMENT AND ORS.
1995 INSC 60629 September 1995Disposed off
The appellants were appointed as Junior Basic Teachers (J.B.T.) in Haryana government schools without B.T./B.Ed. qualifications and later obtained those degrees. They sought higher grade (Masters) pay automatically, relying on a 1957 Punjab Government instruction that linked pay to qualification. The State of Haryana c…
STATE OF ORISSAversusDHOBEI SETHI AND ANR.
1995 INSC 51129 August 1995Appeal(s) allowed
The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) challenged the validity o…
SRI SISIR KUMAR MOHANTYversusSTATE OF ORISSA AND ANR.
1995 INSC 80328 November 1995Appeal(s) allowed
The appellants, lower‑division clerks in district police offices of Orissa, sought parity in pay scales and benefits with ministerial staff serving in the head offices of the DIG, IG and DGP. The Orissa Administrative Tribunal rejected their claim, holding that the two groups formed separate cadres. The State relied on…
FENNER (INDIA) LTD.versusCOLLECTOR OF CENTRAL EXCISE, MADURAI
1995 INSC 22028 March 1995Appeal(s) allowed
Fenner (India) Ltd. manufactured PVC‑impregnated conveyor belting of lengths 100‑400 m, widths 600‑1200 mm and thickness 7‑9.5 mm. The Central Excise authorities classified the belting under Tariff Heading 39.20 (plates, sheets, film, foil and strip) as a "strip", while the appellants argued that it should fall under H…
M/S GARWARE NYLONS LTD.versusPIMPRI CHINCHWAD MAHANAGAR PALIKA AND ORS.
1995 INSC 22728 March 1995Dismissed
Mis Garware NyLons Ltd., a manufacturer of nylon and polyester yarn, imported goods that were subject to octroi. The municipal corporation valued the goods for octroi under Rule 17(a) of the Maharashtra Municipalities (Octroi) Rules, 1968 and included the customs duty paid on the imports. The appellant challenged this …
UTTAR PRADESH AND ANR.versusINSPECTOR GENERAL OF REGISTRATION
1995 INSC 60027 September 1995Appeal(s) allowed
The appellant, Satyendra Nath Bajpai, served as a Registration Clerk on daily wages from 14 February 1985 to 31 March 1990 and was not regularised despite being placed at the top of the approved list, while clerks listed below him were regularised. He filed a writ petition (W.P. No. 849/95) in the Allahabad High Court …
ATUL KUMAR NIGAMversusSTATE OF U.P. AND ORS.
1995 INSC 60127 September 1995Appeal(s) allowed
The appellant, A.T. Kumar Nigam, was initially appointed as a Registration Clerk on a daily‑wage basis and later selected by a district selection committee for a regular post under the Subordinate Offices Ministerial Staff (District Recruitment) Rules. He joined the regular post on 25 February 1991 but his services wer…
SANJAY GUPTA AND ORS.versusSTATE OF U.P. AND ORS.
1995 INSC 60227 September 1995Appeal(s) allowed
The appellants, Sanjay Gupta and others, were appointed as Registration Clerks in the Sub‑Registrar's office at Jhansi after being selected by a committee under the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985. The Inspector General later issued an order directing termination of all Registra…
BONKY @ BHARAT SHIVAJI MANE AND ORS.versusSTATE OF MAHARASHTRA
1995 INSC 60527 September 1995Case Partly allowed
The appellants were convicted by a Designated Court for murder, attempt to murder, causing hurt and an offence under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) arising from an altercation at a video parlour that led to a fatal assault near a hotel. On appeal, the Supreme Court held tha…
K. VASUNDARA DEVI ETC.versusREVENUE DIVISIONAL OFFICER (LAO)
1995 INSC 42427 July 1995Dismissed
The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to one‑fourth. The High Court up…
SUNIL KUMAR JAINversusKISHAN AND ORS.
1995 INSC 30827 April 1995Dismissed
The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale agreement dated 5 Decem…
STATE OF ORISSA AND ORS.versusADWAIT CHARAN MOHANTY ETC. ETC.
1995 INSC 7827 January 1995Appeal(s) allowed
The respondents, who were Class III government servants in Orissa, reached the statutory retirement age of 58 and claimed that, as "workmen" under the second proviso to Rule 71(a) of the Orissa Service Code, they were entitled to remain in service until the age of 60. The Orissa Administrative Tribunal held them to be …
SH. NARAYAN YESHWANT GOREversusUNION OF INDIA AND ORS.
1995 INSC 30126 April 1995Appeal(s) allowed
Sh. Narayan Yeshwant Gore, an employee of the National Sample Survey Organisation, was deputed to the Census Department from 1961 to 1974 and was promoted there as Assistant Director with the concurrence of the parent department and the UPSC. While on deputation his juniors in the parent department received ad‑hoc prom…
KASHIBAI W/O LACHIRAM AND ANR.versusPARWATIBAI W/O LACHIRAM AND ANR.
1995 INSC 59725 September 1995Appeal(s) allowed
The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram had adopted Purshottam…
FAQIR (DEAD) THROUGH SHYAM DEOversusKISHORI @ LALLOO AND ANR.
1995 INSC 29325 April 1995Dismissed
Kishori claimed ownership of two plots in Varanasi and filed objections under the U.P. Consolidation of Holdings Act, 1953. He had earlier instituted a civil suit on 5 January 1954 for injunction and possession against Faqir in the Munsif Court; the trial court dismissed it, but the appellate court allowed the suit, is…
VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.
1995 INSC 49024 August 1995Dismissed
The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their non‑appearance was due to a rep…
P. KASILINGAM AND ORS.versusP.S.G. COLLEGE OF TECHNOLOGY AND ORS.
1995 INSC 21124 March 1995Dismissed
The Supreme Court considered appeals by teaching staff of P.S.G. College of Technology challenging a Madras High Court decision that the Tamil Nadu Private Colleges (Regulation) Act, 1976 and its Rules did not apply to the college. The college, a private engineering institution, had resolved that the Act and Rules were…
MAHENDRA RAJ MARG KARAMCHARI UNIONversusUNION OF INDIA AND ORS.
1995 INSC 21324 March 1995Disposed off
The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that they were a separat…
KAMALAMMA AND ORS.versusHONBLE CHIEF JUSTICE OF THE HIGH COURT OF KERALA AND ORS.
1995 INSC 13524 February 1995Appeal(s) allowed
The non‑law graduate staff of the Kerala High Court sought redress for grievances, prompting the Chief Justice to amend Rule 16(d) of the Kerala High Court Service Rules, 1970. The amendment limited promotion of non‑law graduates to a maximum of eight posts, subject to age or service length, a capacity test, and a 1:1 …
INTEGRATED RURAL DEVELOPMENT AGENCYversusRAM PYARE PANDEY
1995 INSC 13824 February 1995Appeal(s) allowed
Ram Pyare Pandey was appointed as a temporary Junior Clerk in the Integrated Rural Development Agency, a society registered under the Societies Registration Act, and was terminated within a month. He sued for a declaration that the termination violated Rule 13(b) of the agency's own rules, which required one month's no…
STATE OF HARYANA AND ORS.versusK.N. DUTT
1995 INSC 13924 February 1995Appeal(s) allowed
K.N. Dutt, a retired chief engineer of Haryana, had taken advances against his gratuity and signed an undertaking that any unpaid amount could be recovered from his gratuity. After disciplinary proceedings, the State withheld his retirement benefits, prompting Dutt to file a writ petition which the High Court ordered t…
P. UDAYANI DEVIversusV.V. RAJESHWARA PRASAD RAO AND ANR.
1995 INSC 14024 February 1995Appeal(s) allowed
A money decree against the respondent led to the auction sale of his property, which was purchased by the appellant. The sale certificate described the property by its boundaries and termed it a "terraced house". The respondent later claimed that only the terraced building, not the adjoining portion, was sold and sough…
UNION OF INDIAversusDINESH KUMAR SAXENA AND ORS. ETC. ETC.
1995 INSC 14124 February 1995Case Partly allowed
The Union of India appointed approximately 932 temporary class C and D staff for the 1981 census and later re‑engaged many of them on fixed‑term contracts for the 1991 census. After each census the temporary posts were abolished and the employees were retrenched, leading them to file writ petitions seeking regularisati…
V. GOPAL REDDIAR (DEAD) BY L.R. AND ANR. ETC.versusSTATE OF TAMIL NADU AND ANR. ETC.
1995 INSC 14224 February 1995Dismissed
The appellants in three separate sets of appeals held agricultural land in excess of the ceiling prescribed under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and had made sales of portions of that land before the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 came into force. T…
UNION OF INDIA AND ANR.versusASHOK KUMAR MITRA
1995 INSC 14324 February 1995Appeal(s) allowed
The respondent, a Branch Manager of Bank of India, was charged with several offences under the IPC and the Prevention of Corruption Act. He contended that, as an employee of a nationalised bank, he was not a "public servant" within the meaning of Section 21 of the IPC and therefore could not be tried by a Special Court…
SH. MUSTAKMIYA JABBARMIYA SHAIKHversusSH. M.M. MEHTA, COMMISSIONER OF POLICE AND ORS.
1995 INSC 20723 March 1995Case Allowed
The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 on the basis of several isolated incidents, including a 1993 shooting, alleged harbouring of an offender, assaults on a businessman and a witness, and possession of an unlicensed revolver. He challenged the detention order, arg…
INDER SINGHversusSTATE OF PUNJAB
1995 INSC 13323 February 1995Dismissed
Inder Singh was convicted of murder under Section 302 of the IPC for the killing of his nephew, Amar Singh. The prosecution proved that Singh, armed with a barchha, lay in wait and delivered a fatal blow to the victim's neck after a series of assaults on the victim and his family members. The defence argued that Singh …
A.T.S. CHINNASWAMI CHETTIAR ETCversusSRI KARI VARADARAJA PERUMAL TEMPLE AND ANR.
1995 INSC 59422 September 1995Dismissed
The Sri Kari Varadaraja Perumal Temple held a devadayan religious inam of 19.58 acres, granted permanently and confirmed by a title deed in 1863. After the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 abolished minor inams, both the temple and the appellants applied for Ryotwari patta. The …
M/S. THE ANDHRA BANK LTD., HYDERABADversusTHE COMMISSIONER OF INCOME TAX, A.P. LLL, HYDERABAD
1995 INSC 59322 September 1995Dismissed
The Andhra Bank Ltd. appealed against the Income Tax Commissioner challenging the disallowance of deductions for amounts transferred to its reserve fund exceeding the statutory 20% of profit. The bank argued that a direction from the Reserve Bank of India under Section 35A compelled it to transfer a larger sum, which s…
STATE OF ANDHRA PRADESHversusBODEM SUNDARA RAO
1995 INSC 59522 September 1995Appeal(s) allowed
The respondent, Bodem Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. The State appealed, …
STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.
1995 INSC 48522 August 1995Dismissed
The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under the Motor Vehicles Ac…
STATE BANK OF HYDERABADversusTHE JOINT FAMILY OF M/S. MUKUNDAS RAJA BHAGWAN DAS AND ORS.
1995 INSC 20222 March 1995Appeal(s) allowed
The State Bank of Hyderabad sued the Joint Family of Mis. Mukundas Raja Bhagwan Das for recovery of a promissory note dated 20 May 1953. The respondents had applied in March 1960 under Section 11 of the Andhra Pradesh Jagirdar Debt Settlement Act, 1952 for scaling down the debt, and the Debt Settlement Board later held…
N. KUNHICFLEKKU HAJI(D) BY LRSversusSTATE OF KERALA AND ORS.
1995 INSC 20322 March 1995Appeal(s) allowed
The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on the ground that the…
DR. RANBIR SINGHversusASHARFI LAL
1995 INSC 59221 September 1995Appeal(s) allowed
The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and greater hardship to the…
DR. J.N. BANAVALIKARversusMUNICIPAL CORPORATION OF DELHI AND ANR.
1995 INSC 59021 September 1995Dismissed
Dr. J.N. Banavalikar, a Specialist Grade‑I in tuberculosis and chest diseases, was given the additional charge of Medical Superintendent of R.B.T.B. Hospital (a Delhi Municipal Corporation hospital) and served for about five and a half years. He was later removed from that post and Dr. Sudhakar Patnaik, a senior pathol…
NANO KISHOREversusSTATE OF PUNJAB
1995 INSC 59121 September 1995Appeal(s) allowed
THE PRINCIPAL, CAMBRIDGE SCHOOL AND ANR.versusMS. PAYAL GUPTA AND ORS.
1995 INSC 48021 August 1995Dismissed
Cambridge School, an unaided recognised school, issued circulars requiring a 50% cut‑off in class X marks for admission to class XI, treating the move to class XI as a fresh admission. Several students, including Ms. Payal Gupta who scored 44.6%, challenged the circulars, and the Deputy Education Officer directed that …
UNION OF INDIAversusJAGDISH AND ORS.
1995 INSC 19121 March 1995Appeal(s) allowed
The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. The Supreme Court ob…
RESHAM SINGH PYARA SINGHversusABDUL SATTAR
1995 INSC 75720 November 1995Dismissed
The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the petitioner's exclusive pos…
STATE OF ORISSA AND ORS.versusGOPAL CHANDRA RATH AND ORS.
1995 INSC 58520 September 1995Appeal(s) allowed
All the respondents were appointed as junior teachers between 1961 and 1973 by a Selection Committee that was not constituted by the State Government, leading the Orissa Administrative Tribunal to quash their gradation list. The State Legislature subsequently enacted the Orissa Medical Education Service (Validation of …
AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.
1995 INSC 58620 September 1995Appeal(s) allowed
The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, which held that compul…
UNION OF INDIA AND ORS.versusAJAIB SINGH AND ORS.
1995 INSC 58720 September 1995Case Allowed
The Union of India appealed against an arbitrator’s award that enhanced compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, and added solatium and interest. The competent authority had originally paid Rs 60 per Marla, which the respondents accepted without protest, a…
STATE OF ORISSA AND ORS.versusKALICHARAN MOHAPATRA AND ANR.
1995 INSC 58820 September 1995Appeal(s) allowed
K. Mohapatra, a retired IPS officer, faced a criminal prosecution under the Prevention of Corruption Act for possessing assets disproportionate to his known income. While the case was pending, the State of Orissa withheld his gratuity and refused to sanction his final pension, granting only a provisional pension. Mohap…
STATE OF MADHYA PRADESHversusMOHAN SINGH
1995 INSC 58920 September 1995Appeal(s) allowed
The State of Madhya Pradesh, under Section 432(1) of the Criminal Procedure Code, granted a special remission on Republic Day 1978 to female prisoners and those belonging to Scheduled Castes and Scheduled Tribes (SC/ST). Writ petitioners, including Mohan Singh, challenged the scheme, alleging violation of the right to …
SH. GANESH NARYAN HEDGEversusSH.S. BANGARAPPA AND ORS.
1995 INSC 28220 April 1995Appeal(s) allowed
Ganesh Narayan Hedge filed a complaint under Section 500 IPC alleging defamation by S. B. Bangarappa and two others. The Magistrate, after taking evidence, framed charges, which were challenged by a revision petition under Section 399 before the Sessions Judge, who dismissed it. The respondents then approached the Karn…
THE SCHEDULED CASTE UPLIFT UNION AND ANR.versusUNION OF INDIA AND ORS
1995 INSC 28520 April 1995Dismissed
The Scheduled Caste Uplift Union filed a writ petition challenging an amendment to the Defence Quality Assurance Rules, 1979 which required a three‑year regular service as Junior Scientific Officer and a degree in engineering for promotion to Senior Scientific Officer Grade‑II. The petitioners, who were only diploma ho…
BASHIR AHMEDversusMEHMOOD HUSSAIN SHAH.
1995 INSC 18820 March 1995Appeal(s) allowed
The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered forfeiture of the appellan…
CONTROLLER OF EXAMINATION, UTKAL UNIVERSITY AND ANR. ETC.versusMISS PAURNAMASI DAS AND ANR. ETC.
1995 INSC 57919 September 1995Appeal(s) allowed
The appeals concerned two students who fell short of the required marks for honours in their final degree examinations at Utkal University. Both argued that, under the University's Hard Case Rule, they were entitled to a 0.5% grace addition calculated on the combined total of pre-degree and final degree marks (800), wh…
M/S. GANGESHWAR LTD.versusSTATE OF U.P. AND ORS.
1995 INSC 58219 September 1995Dismissed
Gangeshwar Ltd., a sugar mill in Uttar Pradesh, purchased 31 bighas of agricultural land in 1971 before the amendment to the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After the amendment became effective in 1973, the mill sought exemption of the land from ceiling calculations by obtaining a certificate und…
SMT. MUKUL RANI V ARSHNEI AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ANR.
1995 INSC 58319 September 1995Appeal(s) allowed
The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the Master/Zonal Plan, an…
RAJANNAversusUNION OF INDIA
1995 INSC 28019 April 1995Appeal(s) allowed
Rajanna, a security assistant in the Special Protection Group (SPG), suffered permanent partial disablement in a motor accident while traveling in an official SPG vehicle from staff quarters to the South Block. He claimed an ex‑gratia payment of Rs 50,000 under a 1986 Cabinet Secretariat circular that provides such pay…
M.T. PUTTALINGAPPA, MAJOR AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1995 INSC 28119 April 1995Dismissed
The appellants were appointed as Assistant Inspectors in 1963 despite lacking the then‑required degree qualification. After the 1966 rules relaxed the qualification to a diploma, the Labour Commissioner attempted to regularise their services on 15 December 1967 based on a 17 August 1966 notification that allowed regula…
RA VI PAUL AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 5919 January 1995Dismissed
The petitioners, Short Service Commissioned Officers (SSCOs) appointed as Assistant Commandants in the Border Security Force (BSF) between 1974 and 1978, claimed that their prior Army service should be counted for seniority, relying on Rule 8(b) of the Central Reserve Police Force (CRPF) Rules. The Court examined wheth…
UNION OF INDIA AND ORS.versusDR. DEVENDRA VIR SAHI
1995 INSC 27118 April 1995Appeal(s) allowed
Dr. Devendra Vir Sahi was appointed as an Assistant Medical Officer on an ad‑hoc basis on 20 July 1985, after the cut‑off date of 1 October 1984 prescribed in Dr. A.K. Jain’s judgment. The Union of India, following a policy that required UPSC screening for ad‑hoc officers appointed between 1 October 1984 and November 1…
DIRECTOR OF TRIBAL WELFARE GOVERNMENT OF ANDHRA PRADESHversusLAVETI GIRI AND ANR
1995 INSC 27218 April 1995Appeal(s) allowed
The Supreme Court examined an appeal by the Director of Tribal Welfare against LAVETI GIRI, who had obtained admission to an engineering course on the basis of a caste certificate claiming he belonged to the Konda Kapu Scheduled Tribe. The certificate was issued by a Tehsildar who lacked jurisdiction, and the responden…
NEW DELHI MUNTCIPAL COMMITTEEversusALLIED MOTORS PVT LTD. AND ORS.
1995 INSC 63217 October 1995Appeal(s) allowed
Allied Motors Pvt. Ltd. displayed eight neon sign boards showing the names of the commodities it sold. The New Delhi Municipal Committee (NDMC) demanded advertisement tax on these signs. The Delhi High Court Single Judge held the signs were advertisements and dismissed the petition, but the Letters Patent Bench reverse…
STATE OF MANIPUR AND ORS.versusSMT. A. ONGBI MEMCHA DEVI AND ANR.
1995 INSC 26817 April 1995Appeal(s) allowed
A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the appointment of her brother…
BIHARI LAL JAISWALversusTHE COMMISSIONER OF INCOME TAX
1995 INSC 74016 November 1995Appeal(s) allowed
Bihari Lal Jaiswal obtained a retail liquor licence under the Madhya Pradesh Excise Rules and entered into a partnership with ten others to run the business. He applied for registration of the partnership under sections 184 and 185 of the Income Tax Act, but the Income Tax Officer rejected the application because the p…
COMMISSIONER OF INCOME TAX, MADRAS AND ANR.versusMIS DALMIA CEMENT
1995 INSC 46216 August 1995Appeal(s) allowed
Mis Dalmia Cement, a public limited company, filed loss returns for assessment years 1952‑53 to 1954‑55 after the prescribed time. The Income Tax Officer refused to take cognizance of those returns, stating that no assessment could be made. For later years (1955‑56 to 1959‑60) losses were assessed, and for 1960‑61 the …
T. SHANTHARAMversusSTATE OF KARNATAKA AND ORS.
1995 INSC 4016 January 1995Appeal(s) allowed
The appellant, a revenue department clerk, was deputed to the Food and Civil Supplies Department in a post higher than his parent‑department rank and remained there for over three decades. When the department sought to repatriate him, he applied to the Karnataka Administrative Tribunal, which ordered his absorption in …
BALAJI RAGHAVAN S.P. ANANDversusUNION OF INDIA
1995 INSC 90015 December 1995Disposed off
The Supreme Court examined two public‑interest petitions seeking to restrain the Union of India from conferring the Bharat Ratna and Padma awards, arguing that such awards constitute prohibited "titles" under Article 18(1) of the Constitution. The Court held that the framers intended to abolish hereditary or honorific …
VIJAYALAXMI CASHEW COMPANY AND ORS.versusTHE DEPUTY COMMERCIAL TAX OFFICER AND ANR.
1995 INSC 90115 December 1995Dismissed
Vijayalaxmi Cashew Company purchased raw cashew nuts, processed them to extract oil and kernels, and exported the kernels. The Deputy Commercial Tax Officer levied State sales tax on the penultimate purchase of raw nuts, contending that the kernels were not the same goods as the raw nuts. The appellants argued that und…
SH. BODHISATTWA GAUTAMversusMISS SUBHRA CHAKRABORTY
1995 INSC 90715 December 1995Disposed off
The respondent, Subhra Chakraborty, filed a criminal complaint against Bodhisattwa Gautam under IPC sections 312, 420, 493, 496 and 498‑A alleging false promise of marriage, a secret marriage, sexual relations, and forced abortions. Gautam sought to quash the complaint via a petition under CrPC s.482, which the Gauhati…
WELFARE ASSOCIATION OF ABSORBED CENTRAL GOVERNMENT EMPLOYEES IN PUBLIC ENTERPRISES AND ORS. ETCversusUNION OF INDIA AND ANR.
1995 INSC 90215 December 1995Case Allowed
The Government absorbed central civil servants into public enterprises and offered them retirement benefits, including the option to commute one‑third of their pension or, in some cases, the entire pension. Petitioners who had commuted the full pension were denied the restoration of the one‑third commuted portion under…
M/S KHODAY DISTILLERIES LTD. ETC.versusSTATE OF KARNATAKA AND ORS.
1995 INSC 90315 December 1995Dismissed
The appellants, liquor manufacturers, challenged Karnataka and Andhra Pradesh excise rules that required them to sell liquor only to a state‑owned distributor (MSIL) and imposed a steep increase in label‑approval fees. They argued that the rules violated their fundamental right to carry on trade under Article 19(1)(g),…
DEEPversusSTATE OF RAJASTHAN AND ORS.
1995 INSC 90815 December 1995Appeal(s) allowed
The appellant, Deepa, was originally accepted as a tenant of a parcel of land that formed part of a former jagir. The respondent, Ram Chandra, sought her eviction under Section 177 of the Rajasthan Tenancy Act, 1955, but the suit was dismissed because the jagir had been abolished by the Rajasthan Land Reforms and Resum…
STATE OF KERALAversusM.M. ABDUL KHADER
1995 INSC 90915 December 1995Appeal(s) allowed
The State of Kerala appealed a Kerala High Court judgment that had allowed claimants to receive additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. The sole question was whether the respondents were entitled to this additional amount given that the Collector's award was dated 21 April 1980.…
CONSTABLE DAVINDER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.
1995 INSC 91015 December 1995Dismissed
The appellants, six of the forty candidates who appeared for the constable selection, challenged the selection process alleging lack of fairness, ministerial interference, and that some selected candidates had previously served as gunmen for VIPs. The selection committee, comprising three officers, conducted a written …
UNION OF INDIA AND ORS.versusB.N. SINGH AND ORS.
1995 INSC 91115 December 1995Dismissed
The Union of India appealed to the Supreme Court under Article 136 against an order of the Central Administrative Tribunal (CAT) that had given certain directions to the respondent officer. The Court examined the service record of the first respondent, noting that his career was outstanding both before and after the pe…
UNION OF INDIAversusDULAL CHANDRA GHOSH AND ORS.
1995 INSC 91215 December 1995Dismissed
The land in question was notified for acquisition under Section 7 of the Requisition and Acquisition of Immovable Property Act, 1952 and an award was made by the Collector in 1973. The respondents refused to accept the award and, under Section 8(3) read with Rule 9, applied for the appointment of an arbitrator in 1977.…
MAHESH KUMAR AGALversusDIRECTOR GENERAL OF POLICE AND ANR.
1995 INSC 91315 December 1995Dismissed
The appellant, Mahesh Kumar Agal, a police officer, sought seniority based on his passing of the mandatory Hindi proficiency test, which was a prerequisite for promotion under the service rules. The Madhya Pradesh Administrative Tribunal rejected his claim, holding that his seniority should not be backdated. Agal appea…
KAVERI ENGINEERING INDUSTRIES LTD.versusUNITED SHIPPING CORPORATION LTD. AND ANR.
1995 INSC 91415 December 1995Appeal(s) allowed
Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs based on volume, refus…
STATE OF ORISSA AND ANR.versusSRI DAMODAR DAS
1995 INSC 90415 December 1995Appeal(s) allowed
The State of Orissa appealed against the appointment of an arbitrator under Sections 8 and 20 of the Arbitration Act, 1940, filed by contractor Sri Damodar Das. The Supreme Court examined whether Clause 25 of the water‑supply contracts, which made the decision of the Public Health Engineer final, amounted to an arbitra…
UNION OF INDIA (RAILWAY BOARD) AND OTHERSversusJ.V. SUBHAIAH AND OTHERS ETC.
1995 INSC 90515 December 1995Appeal(s) allowed
The respondents, employed by Railway Employees' Consumer Co-operative Stores registered under the Andhra Pradesh Co-operative Societies Act, 1964, sought declaration from the Central Administrative Tribunal (CAT) that they were regular railway employees in Class‑III posts entitled to salary, promotions and other benefi…
CHAMELI SINGHversusTHE STATE OF U.P.
1995 INSC 90615 December 1995Dismissed
The appellants, owners of land in Bairam Nagar, Uttar Pradesh, challenged a notification under Section 4 of the Land Acquisition Act, 1894 dated 23 July 1983, which, together with a declaration under Section 6, invoked the urgency clause of Section 17(4) and dispensed with the inquiry required by Section 5‑A, for the p…
MODI INDUSTRIES LTD., MODINAGAR ETC. ETC.versusCOMMISSIONER OF INCOME TAX, DELHI AND ANR. ETC. ETC.
1995 INSC 57415 September 1995Appeal(s) allowed
Modi Industries Ltd. challenged the assessment officer’s order that interest on excess advance tax should be payable only up to the date of the original (first) assessment and only on the excess amount determined in that assessment. The Supreme Court examined the meaning of "regular assessment" in Section 214 of the In…
HINDUSTAN LEVER LTD.versusASHOK VISHNU KATE AND ORS.
1995 INSC 57515 September 1995Dismissed
The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary proceedings that could lead…
THE STATE OF PUNJAB AND ORS.versusSHARAN PAL SINGH AND ORS.
1995 INSC 89314 December 1995Appeal(s) allowed
The State of Punjab issued notices and a declaration under the Land Acquisition Act, 1894 to acquire certain lands and an award was passed on 25 March 1985 determining compensation only for the land, leaving compensation for superstructures and trees to be decided later. The respondents challenged the award, contending…
BALKRISHNA PANDEYversusSTATE OF BIHAR AND ORS.
1995 INSC 89414 December 1995Disposed off
Balkrishna Pandey, a Junior Statistical Supervisor, was appointed on deputation to a temporary post of Senior Statistical Assistant in the Directorate of Special Employment and Planning. When the temporary post was made permanent, Pandey was reverted to his parent department, while another employee (the fifth responden…
STATE OF RAJASTHAN AND ORS.versusRAMESHWAR LAL GAHLOT
1995 INSC 89514 December 1995Appeal(s) allowed
The respondent was appointed on a temporary basis for three months or until a regular incumbent assumed office, but his appointment was terminated after 240 days. A writ petition challenged the termination, and a Single Judge held that the termination violated Section 25F of the Industrial Disputes Act, 1947, ordering …
STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.
1995 INSC 89614 December 1995Dismissed
The Supreme Court examined two appeals filed by the State of Uttar Pradesh and aggrieved persons challenging the ceiling area determined under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The appeals arose while proceedings to determine surplus land were pending. Before the appeals were file…
RAJ KUMAR AND ANR.versusOFFICIAL RECEIVER OF THE ESTATE OF M/S. CHIRANJILAL RAMCHAND, LUDHIANA AND ORS.
1995 INSC 89714 December 1995Dismissed
The appellants, sons of Nihal Chand, challenged a declaration by the Official Receiver that the insolvent partner Chiranjee Lal held a one‑third share in certain properties. They argued that the Receiver’s 1966 application under Section 4 of the Provincial Insolvency Act was barred by the six‑year limitation period und…
KARANPURA DEVELOPMENT COMPANY LTD.versusUNION OF INDIA
1995 INSC 89814 December 1995Appeal(s) allowed
Karanpura Development Company Ltd obtained a 999‑year mining lease in 1946, which was terminated when the Bihar Land Reforms Act, 1950 came into force. The company claimed compensation under Section 4(1) of the Coal Bearing Areas (Acquisition & Development) Act, 1957, relying on a 1963 notification issued under Section…
NEW INDIA ASSURANCE CO. LTD.versusMANDAR MADHAV TAMBE AND ORS.
1995 INSC 89914 December 1995Appeal(s) allowed
An accident involving two scooters occurred on 4 July 1979. The driver of the second scooter, respondent No.3, held a learner's licence that had expired in November 1977 and possessed no valid driving licence at the time of the accident. The claimant, respondent No.1, obtained a compensation award from the Motor Accide…
UNION OF INDIAversusS.B. MISRA
1995 INSC 46114 August 1995Appeal(s) allowed
The respondent, a lecturer in the College of Military Engineering, was compulsorily retired following a departmental inquiry and challenged the order on the ground that he was not supplied with a copy of the inquiry report. The Central Administrative Tribunal set aside the retirement order and directed the department t…
T.N. SESHAN, CHIEF ELECTION COMMISSIONER OF INDIA ETC.versusUNION OF INDIA AND OTHERS
1995 INSC 39814 July 1995Dismissed
The case concerned the constitutional validity of the 1993 Ordinance (later Act No. 4 of 1994) that amended the Chief Election Commissioner and other Election Commissioners (Condition of Service) Act, 1991 by fixing the number of Election Commissioners at two and inserting provisions on how the Commission would transac…
DR. (MRS.) PUSHPA VISHNU KUMAR GURTUversusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 11314 February 1995Appeal(s) allowed
Dr. Pushpa, a Reader appointed on 11 October 1977 in a Government Medical College, challenged a seniority list issued by the Maharashtra Government that antedated the appointment of Dr. Guhe (the respondent) from 2 July 1979 to 19 January 1977, thereby making her senior. The seniority list was based on Rule 6 of the Go…
M/S MOTI LAMINATES PVT. LTD. ETC.versusCOLLECTOR OF CENTRAL EXCISE, AHMEDABAD
1995 INSC 11214 February 1995Appeal(s) allowed
Mis Motilates Pvt. Ltd. and other appellants manufactured laminated sheets using phenol‑formaldehyde resin that was produced as an unstable solution (resol) and consumed only within their own process. The Central Excise Department, relying on the 1979 amendment to the Central Excise Rules, claimed that the intermediate…
VISWANATH (DEAD) BY LR.versusCHANDRA BHAN AND ORS.
1995 INSC 88813 December 1995Appeal(s) allowed
The appellant, Viswanath (deceased) by LRs, sought ejectment of the respondent who occupied land under a mortgage executed by Hanuman Singh, the brother‑in‑law of a minor, before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force. The Assistant Collector and Board of Revenue held the mortgage void …
N.G. SREEDHARAN AND ANR.versusSTATE OF KERALA
1995 INSC 88913 December 1995Case Partly allowed
A violent dispute between rival trade unions in Trichur led to the stabbing deaths of two brothers, Vincent and Davis. The accused, Al (N.G. Sreedharan) and A2 (V.K. Sudhan), were initially acquitted by the trial court, but the Kerala High Court convicted them under Section 302 read with Section 34 of the IPC. On appea…
UNION OF INDIA & ORS.versusMRS. SAROJ BALA
1995 INSC 89013 December 1995Appeal(s) allowed
Mrs. Saroj Bala, a civil servant, had her date of birth recorded as 4 April 1949 in university records and consequently in her service record when she joined the All India Revenue Service in 1972. After 18 years of service, she sought to correct her date of birth to 5 April 1950, obtaining a birth certificate and other…
KALYANversusGORAKH
1995 INSC 89113 December 1995Disposed off
The appellant purchased agricultural land from the erstwhile landlord, who was a protected tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950. The respondent, the protected tenant, filed a suit claiming rights over the land. The High Court appointed a receiver and ordered the appellant to deposit a sum …
KALIDAS UMEDRAM AND ORS.versusSTATE OF GUJARAT AND ANR.
1995 INSC 89213 December 1995Dismissed
The appellants were allotted 2 acres 9 guntas of land for agricultural purposes on the condition that it could not be used for any other purpose without written permission. They sold a portion of the land for building purposes and applied for permission to use the land for non‑agricultural purposes, but no order was pa…
PLEASANT STAY HOTEL AND ANR.versusPALANI HILLS CONSERVATION COUNCIL AND ORS.
1995 INSC 57013 September 1995Disposed off
The Pleasant Stay Hotel obtained a two‑storey plan for a hotel at Kodaikanal, but after the Kodaikanal Township Committee rejected its revised plan for additional floors, the hotel proceeded to construct several extra floors in violation of the sanctioned plan and the Tamil Nadu District Municipalities Act, 1920. The P…
SAWAN RAM MALRAversusUNION OF INDIA AND ORS.
1995 INSC 57113 September 1995Appeal(s) allowed
The appellant, a Head Sorting Assistant in the Railway Mail Service, applied for the Departmental Competitive Examination for the 6% quota of Postal Superintendent/Postmasters Group B posts reserved for General Line Officials. Although his name appeared in the list of selected candidates, he was excluded from the final…
LARSEN AND TOUBRO LTD.versusMAHARASHTRA STATE ELECTRICITY BOARD AND ORS.
1995 INSC 57213 September 1995Appeal(s) allowed
Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all guarantees except the per…
MADHUKAR BAKRU PINGALversusSHRI RAJENDRA D. GAIKWAD AND ORS.
1995 INSC 56713 September 1995Appeal(s) allowed
The appellant, Madhukar B. Pingal, was selected and appointed as Police Patil based on a selection scheme that allotted 50 % of the total marks to a written test and 50 % to a viva‑voce. An unsuccessful candidate (Respondent‑I) challenged the appointment before the Maharashtra Administrative Tribunal, which held that t…
DILAWAR SINGH (DEAD) THROUGH LRS.versusADDL. DISTRICT JUDGE, GHAZIABAD
1995 INSC 56813 September 1995Dismissed
The appellant, Dilawar Singh (deceased) through his legal representatives, filed a return under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, claiming that he had gifted several parcels of land to his grand‑nephew. The Prescribed Authority and the lower appellate court held that the gift d…
G. SRIDHARAMURTIversusHINDUSTAN PETROLEUM CORPORATION LTD. AND ANR.
1995 INSC 56913 September 1995Dismissed
The landlord leased premises to Esso Company in 1969. When Esso merged into Hindustan Petroleum Corporation Ltd (HPC) in 1974, the landlord filed an eviction suit under the Karnataka Rent Control Act, 1961 alleging sub‑letting. The lower courts dismissed the suit, holding that under the Esso (Acquisition of Undertaking…
STATE OF MAHARASHTRA AND ORS.versusPANDURANG K. PANGARE AND ORS .
1995 INSC 11113 February 1995Disposed off
The State of Maharashtra, through MHADA, filed contempt and perjury applications against P.K. Pangare alleging that he misled the Supreme Court by denying construction on land covered by a prohibitory order. Pangare had sold the land before the order, and construction was subsequently carried out by later owners, notab…
SANTOSH KUMAR SINGHversusTHE STATE OF U.P. & ORS. ETC.
1995 INSC 87812 December 1995Dismissed
Santosh Kumar Singh was appointed as a lecturer in Agronomy at Durgaji Post Graduate College while still a student, first on 1 January 1984 and later on 1 October 1985, despite not possessing the minimum qualifications prescribed by the University Statute. The appellant claimed that the ad‑hoc appointments were permiss…
M/S. CHANDRAPUR MAGNET WIRES (P) LTD., NAGPURversusCOLLECTOR OF CENTRAL EXCISE, CENTRAL EXCISE COLLECTORATE,NAGPUR
1995 INSC 87912 December 1995Appeal(s) allowed
M/s Chandrapur Magnet Wires (P) Ltd manufactured enamelled copper winding wires using duty‑paid copper wire bars. Certain final products were exempt from excise duty under Notification 69/86‑CE (as amended by 106/88), which required that no credit be taken on the inputs under Rule 57A of the Central Excise Rules. The a…
THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD AND ANR. ETC. ETC.versusM.R.F. LIMITED ETC. ETC.
1995 INSC 88012 December 1995Appeal(s) allowed
M.R.F. Ltd. had an agreement with the Kerala State Electricity Board (KSEB) to pay electricity charges within 15 days, with interest of 18% per annum on delayed payments. KSEB revised its tariffs in 1980, 1982 and 1984, which were struck down by the Kerala High Court, leading the company to pay only the unrevised rates…
MALIKARJUNAPPA SHIVMURTHAPPA SINCE DECEASED BY HIS HEIRSversusSTATE OF MAHARASHTRA
1995 INSC 88112 December 1995Dismissed
The appellant's truck was seized by police for non‑payment of tax under the Motor Vehicles Act. The trial court held the seizure illegal due to the officer's alleged incompetence but denied damages, citing the appellant's contributory negligence. The High Court reversed, finding the officer competent to seize and affir…
UNION OF INDIA AND ANR.versusM/S. MURUGAN TALKIES
1995 INSC 88212 December 1995Disposed off
The Union of India challenged the validity of Sections 24 and 25 of the Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 and a 1986 notification requiring employers and employees to contribute to a provident fund. The Madras High Court upheld the Act but ordered the respondent, Mis. Murugan …
DHARAMDEOversusBIJARAT AND ORS.
1995 INSC 88312 December 1995Dismissed
The Supreme Court examined the constitutional validity of the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972, which sought to eliminate letter‑patent appeals in land‑reform matters. Petitioners contended that the Act exceeded State legislative competence, violated Article 14’s equality guar…
SULTAN SINGHversusSTATE OF HARYANA AND ANR.
1995 INSC 88512 December 1995Disposed off
The appellant, a workman, was terminated and his demand for reinstatement was rejected. He applied to the State Government for a reference of the dispute under Section 10(1) of the Industrial Disputes Act, 1947; the first application was refused and a second application was also rejected on the ground that the earlier …
DHAYANAND ETC. ETC.versusUNION OF INDIA AND ORS.
[1995] SUPP. 3 S.C.R. 53312 September 1995Appeal(s) allowed
The petitioners, former servicemen re‑employed in the Union Territory of Chandigarh after 1 Nov 1966, claimed that the Punjab Government National Emergency (Concession) Rules, 1965 should apply to them for increments, seniority, promotion and pension. The Union Territory argued that the 1965 Rules were only applicable …
MUNICIPAL COMMISSIONER, CHINCHWAD NEW TOWNSHIP MUNICIPAL COUNCILversusM/S. CENTURY ENKA LTD.
1995 INSC 56512 September 1995Dismissed
The Chinchwad New Township Municipal Council passed a resolution exempting octroi on initially imported plant and machinery for a "new industrial undertaking" and clarified that a new industry is not one formed by splitting up or reconstructing an existing business. Century Enka Ltd. set up a second unit to manufacture…
SARDAR DILSHAR SINGHversusTHE LABOUR COMMISSIONER AND ANR.
1995 INSC 56212 September 1995Dismissed
The appellant, a partner in a firm, was subject to a Labour Court certificate directing the District Collector to recover Rs. 62,843.50 as arrears of land revenue under the Punjab Land Revenue Act, 1887. When a bailiff attempted to attach his movable property, the appellant promised to appear before the Collector but f…
DR. (MRS.) VIMALversusBHAGUJI AND ORS.
1995 INSC 37212 May 1995Appeal(s) allowed
The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting corrupt practice under…
THE CHAIRMAN AND MANAGING DIRECTOR, SIPCOT, A MADRAS - 8 AND ORS.versusCONTROMIX PVT. LTD. BY ITS DIRECTOR (FINANCE) SEETHARAMAN, MADRAS AND ANR
1995 INSC 37312 May 1995Appeal(s) allowed
Contromix Pvt. Ltd. (Respondent No.1) obtained a term loan of Rs 38 lakhs and a soft loan of Rs 6.8 lakhs from SIPCOT, a State Financial Corporation, and executed a mortgage. The company repeatedly defaulted despite several reschedulings, leading SIPCOT to foreclose, take possession of the mortgaged assets and attempt …
SARWAN SINGH LAMBA AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS.
1995 INSC 37012 May 1995Appeal(s) allowed
The Supreme Court examined the appointments of the Vice‑Chairman and four members of the Madhya Pradesh State Administrative Tribunal, which had been challenged by three police inspectors through a public‑interest litigation. The High Court had quashed the appointments, holding that the procedure violated the direction…
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT AND ORS. ETC. ETC.versusT.R. RAMESHKUMAR AND ORS. ETC.
1995 INSC 37412 May 1995Appeal(s) allowed
The Kerala Government established two self‑financing engineering colleges run by societies fully controlled by the State. The scheme fixed 75% open‑merit seats, 10% reserved for SC/ST at half fees, and 15% NRI quota, with a Rs.1 lakh refundable deposit (exempt for SC/ST) and a $5,000 non‑refundable NRI charge. The appe…
GOVERNMENT OF ANDHRA PRADESHversusP.B. VIJAYAKUMAR AND ANR.
1995 INSC 37512 May 1995Appeal(s) allowed
The Government of Andhra Pradesh introduced Rule 22‑A in its State Subordinate Service Rules, mandating that where men and women are equally suited and equally meritorious, at least 30% of the posts in each category of O.C., B.C., S.C. and S.T. must be filled by women. P.B. Vijayakumar challenged this provision as viol…
SWAPAN KUMAR CHOUDHARY AND ORS.versusTAPAS CHAKRAVORTY
1995 INSC 37612 May 1995Appeal(s) allowed
The West Bengal Factories Service comprised three categories of inspectors – general, chemical and medical – each with separate recruitment rules and pay scales. After the Bhopal disaster, the State created a chemical cadre with a lower pay scale and limited promotional prospects, prompting chemical inspectors to seek …
LACHHMAN DASversusSANTOKH SINGH
1995 INSC 37712 May 1995Appeal(s) allowed
Lachhman Das, a landlord, filed an eviction suit against tenant Santokh Singh under the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging arrears of rent, tethering cattle, and abandonment of the premises. The Rent Controller found the landlord entitled to evict, noting the tenant had paid arrears, there…
STATE OF MAHARASHTRAversusDIGAMBAR
1995 INSC 37112 May 1995Appeal(s) allowed
During the severe drought of 1971‑72, the Maharashtra government undertook scarcity‑relief road works, taking land without compensation. In 1991, an agriculturist filed a writ petition under Article 226 seeking compensation, alleging a 20‑year delay (laches). The Bombay High Court dismissed the laches defence and grant…
G.C. KANUNGOversusSTATE OF ORISSA
1995 INSC 37812 May 1995Case Allowed
The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively nullified those awards, e…
B. GANGADHARversusB.G. RAJALINGAM
1995 INSC 37912 May 1995Dismissed
The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the execution warrant was issu…
COMMISSIONER OF INCOME TAXversusSMT. PELLETI SRIDERAMMA, NELLORE
1995 INSC 61211 October 1995Appeal(s) allowed
Smt. P. Srideramma gifted Rs 90,000 to her minor son in FY 1956‑57, which was immediately used to buy a house that she employed for her mica‑mining business. Eight years later the house was sold, yielding a capital gain of Rs 58,000. The Assessing Officer included the gain in Srideramma’s total income under Section 64(…
N.A. MUNAVAR HUSSAIN (DEAD) BY LRS. AND ANR.versusE.R. NARAYANAN (DEAD) AND ORS.
1995 INSC 38811 July 1995Appeal(s) allowed
The case arose from a lease of land in Madurai on which a theatre was built. After a compromise decree in 1955, the defendants failed to remove the superstructure and the appellants sought execution. The defendants filed applications under the Madras City Tenants' Protection Act, 1921 for compensation, which were dismi…
DAKSHABEN B. PATELversusTHE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.
1995 INSC 71210 November 1995Appeal(s) allowed
Dakshaben B. Patel appealed against the Administrator of the UT of Daman and Diu after the Central Administrative Tribunal extended her time by six months to obtain an M.Phil degree. She secured the degree within the extended period, and a notification dated 6 July 1992 confirmed her eligibility. The respondents had no…
THE BLHAR STATE BOARD OF HOMEOPATHY MEDICINE, PATNAversusTHE STATE OF BIHAR AND ORS.
1995 INSC 60810 October 1995Appeal(s) allowed
The Bihar State Board of Homeopathy Medicine, constituted under the Bihar Development of Homeopathy System of Medicine Act, 1953, passed a resolution on 14 May 1988 abolishing eight Homeopathic Chikitsak posts, six of which were held by petitioners. The Patna High Court held that the Board was not duly constituted beca…
SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 36310 May 1995Disposed off
The petitioners, Hindu wives, challenged the validity of their husbands' second marriages after the husbands converted to Islam without dissolving the first Hindu marriage. The Court examined whether conversion to Islam permits a Hindu husband to contract a second marriage, whether such a marriage is valid under the Hi…
STATE OF MADHYA PRADESH AND ORS.versusM/S. BIRLA JUTE MANUFACTURING CO. LTD.
1995 INSC 36410 May 1995Appeal(s) allowed
The State of Madhya Pradesh appealed against a Madhya Pradesh High Court judgment that had held the electricity duty payable by Mis. Birla Jute Manufacturing Co. Ltd. for power consumed at its limestone mine premises should be calculated at the lower rate under Item (2) of the Table to Section 3 of the Madhya Pradesh E…
T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1995 INSC 35810 May 1995Disposed off
The Supreme Court, acting suo motu, examined a contempt petition filed by T.M.A. PAI FOUNDATION after discovering that the Government of Maharashtra had issued rules reserving fifteen percent of seats in medical, dental and engineering colleges for NRIs/foreign students, contrary to its earlier orders of 5 April 1994 a…
STATE OF JAMMU AND KASHMIRversusSUDERSHAN CHAKKAR AND ANR.
1995 INSC 36510 May 1995Appeal(s) allowed
The State of Jammu & Kashmir prosecuted Sudershan Chakkar and others, alleging criminal conspiracy and misappropriation of foodgrains and empty bags worth Rs. 3,22,119.36, involving forged documents. The trial judge discharged two respondents, holding that the evidence showed only negligence, not a conspiratorial desig…
STATE OF HIMACHAL PRADESHversusH.P. STATE RECOGNISED AND AIDED SCHOOLS MANAGING COMMITTEES AND ORS.
1995 INSC 35910 May 1995Dismissed
The teachers of recognised private aided schools in Himachal Pradesh filed a writ petition seeking salary parity with government school teachers and a 95% grant‑in‑aid for their schools. The State argued that its financial capacity did not permit such disbursement and relied on a statutory maximum limit on the grant. T…
INDER SINGHversusSTATE OF PUNJAB AND ORS.
1995 INSC 36010 May 1995Disposed off
The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the victims were unlawfully…
VIDYA DEVI@ VIDYA VATI(DEAD)versusPREM PRAKASH AND ORS.
1995 INSC 36110 May 1995Appeal(s) allowed
Vidya Devi, a co‑bhumidhar of a Delhi landholding, filed a partition suit under Section 55(1) of the Delhi Land Reforms Act, 1954. Prem Prakash, another co‑bhumidhar, defended the suit by claiming exclusive title over the whole land by adverse possession since 1953‑54 and asked that the question of title be referred to…
M/S. RAMNARAYAN SATYANARAYAN AGRAWALversusASSOCIATED ALCOHOLS AND BREWERIES LTD. AND ORS.
1995 INSC 36210 May 1995Appeal(s) allowed
The appellant, Mis. Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd., employed only 22 workers and sought to manufacture potable alcohol under a state‑granted permission. Respondents, Associated Alcohols & Breweries Ltd. and others, challenged the appellant's tender, arguing that only a licence from the Central G…
K. POSAYYA AND ORS.versusSPECIAL TAHSILDAR
1995 INSC 36610 May 1995Dismissed
The appellants, K. Posayya and others, owned 163.80 acres of rain‑fed agricultural land acquired under the Land Acquisition Act, 1894 for the Vengalrayasagar project. The initial award fixed compensation at Rs 400 per acre; the Subordinate Judge enhanced it to Rs 22,000 per acre, but the Andhra Pradesh High Court reduc…
LIC OF INDIA AND ANR.versusCONSUMER EDUCATION AND RESEARCH CENTRE AND ORS. ETC.
1995 INSC 36710 May 1995Dismissed
The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and violative of Articles 14, 19…
TEJ KAUR AND ANR.versusKIRPAL SINGH AND ANR.
1995 INSC 36810 May 1995Dismissed
The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court examined whether, under Sec…
FAKRUDDINversusTHE PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE AND ORS.
1995 INSC 36910 May 1995Disposed off
The Supreme Court heard an appeal against the Patna High Court's dismissal of a writ petition concerning the allotment of 'Chaks' in consolidation proceedings, a matter that did not raise any question of title. The Court set aside the High Court order not because of the merits of the dispute but because the bench that …
ASHOK KUMAR AND ORS.versusTHE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD AND ORS.
1995 INSC 7079 November 1995Dismissed
The Supreme Court examined the recruitment process of the State Bank of India and other nationalised banks, where the Banking Service Recruitment Board prepared a select list containing far more candidates than the vacancies notified. The petitioners argued that this practice violated their constitutional right to cons…
VASANTHAN FOUNDRYversusUNION OF INDIA AND ORS.
1995 INSC 4479 August 1995Appeal(s) allowed
Vasanthan Foundry, a manufacturer of rough cast iron castings, challenged a Tamil Nadu Government circular dated 14 September 1993 that re‑characterised such castings as distinct from "cast iron" and thus not "declared goods" under the Tamil Nadu General Sales Tax Act, 1959, leading to higher tax assessments. The appel…
BRIG. (RETD) D.K JETLEYversusARMY WELFARE HOUSING ORGANISATION AND ANR.
1995 INSC 3469 May 1995Disposed off
The Army Welfare Housing Organisation (AWHO) was tasked with constructing 422 flats in Som Vihar, New Delhi, and invited applications from serving and retired army officers in 1979. Four senior officers – Brig. D.K. Jetley, Col. Dahiya, Col. Gupta and Col. Khandpur – each claimed entitlement to two of the flats, relyin…
STATE OF MADHYA PRADESHversusSHYAMSUNDER TRIVEDI AND ORS.
1995 INSC 3559 May 1995Appeal(s) allowed
The deceased Nathu Banjara was brought to Rampura police station as a murder suspect, beaten and tortured by Sub‑Inspector Shyamsunder Trivedi, Head Constable Rajaram and Constable Ganniuddin, and died in custody. The police attempted to conceal the death by preparing false death reports and panchnamas and seeking crem…
U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.
1995 INSC 149 January 1995Disposed off
The Supreme Court considered an appeal by U.P. Jal Nigam challenging the contention of several applicants that the selection committee it constituted to interview candidates for recruitment under the Service of Engineers (Public Health Branch) Regulations, 1977 was not authorized. The applicants argued that Rule 16 of …
PURI MUNICIPAL COUNSEL AND ORS.versusINDIAN TOBACCO CO. LTD.
1995 INSC 7008 November 1995Dismissed
The Puri Municipal Council imposed octroi tax on marine fish and prawns found in the possession of non‑fishermen within the municipal limits without payment of the entry tax. Indian Tobacco Co. Ltd. challenged the levy, and the Orissa High Court dismissed the municipality's claim. On appeal, the Supreme Court examined …
UNION OF INDIAversusAJOY KUMAR PATNAIK
1995 INSC 5508 September 1995Appeal(s) allowed
The respondent, Ajoy Kumar Patnaik, a Collector of Customs (Appeals), was compulsorily retired under Fundamental Rule 56(j) on the ground of "doubtful integrity" after a screening committee cited his misclassification of tariff items and disposal of appeals contrary to import policy, which allegedly benefitted dealers.…
DAHIBEN W/O RANCHHODJI JIVANJI AND ORS. ETC.versusVASANJI KEVALBHAI (DEAD) AND ORS. ETC.
1995 INSC 2557 April 1995Dismissed
The appellants sought possession of land occupied by the respondents, who claimed status as protected tenants under the Bombay Tenancy Act, 1939. The dispute turned on whether tenants residing in areas covered by clause (c) of section 88(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 retained that protected …
SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE, D.K. DISTRICTversusVARADARA YA SHENOY AND ANOTHER
1995 INSC 1657 March 1995Dismissed
The Secretary of the Dakshina Kannada Agricultural Produce Marketing Committee filed a criminal complaint against two respondents for alleged violations of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, without any resolution or authorization from the Committee. The trial court dismissed the compl…
MAJOR GENERAL IPS DEWANversusUNION OF INDIA AND ORS.
1995 INSC 1667 March 1995Dismissed
Major General IPS Dewan challenged his non‑selection for promotion to Lt General, alleging that adverse remarks recorded by the Chief of the Army Staff were void because they amounted to "severe displeasure" and required a show‑cause notice, and that his statutory complaint against those remarks should have been decide…
STATE OF MAHARASHTRA AND ANR. AW. DHOPE AND ORSversusSHRI SANJAY THAKRE AND ORS.
1995 INSC 1677 March 1995Dismissed
The Supreme Court examined a seniority dispute in the Maharashtra Forest Service between directly recruited Assistant Conservators of Forests and those promoted (promotees). The State Administrative Tribunal had directed that inter‑seniority be determined according to the service rule’s 1:1 quota between direct recruit…
GULZARA SINGHversusTHE COLLECTOR, LUDHIANA AND ORS.
1995 INSC 1687 March 1995Appeal(s) allowed
Gulzar Singh was granted 25 kanals 4 marlas of Nazool land by the Collector, Ludhiana, on 17 June 1968 subject to paying Rs.1,520 as redemption of a possessory mortgage. He paid the amount on 30 June 1968 and took possession, but the Collector cancelled the grant on 13 September 1968, claiming that the mortgagees had e…
INDORE DEVELOPMENT AUTHORITYversusSMT. SADHANA AGARWAL AND ORS.
1995 INSC 1697 March 1995Appeal(s) allowed
The Indore Development Authority (IDA) advertised LIG and MIG flats on a hire‑purchase basis, stating only an estimated price that would be finalized at allotment. Over several years the Authority raised the price from the original estimates of Rs 45,000 (LIG) and Rs 70,000 (MIG) to Rs 60,000 and Rs 95,000, and later t…
M/S. S.R.F. LIMITEDversusM/S. GARWARE PLASTICS AND POLYESTERS LTD. AND ORS.
1995 INSC 1707 March 1995Appeal(s) allowed
The Board of Industrial and Financial Reconstruction (BIFR) approved a merger scheme to revive Flowmore Polyester Ltd., a sick company, by merging it with SRF Ltd. Garware Plastics and Polymers Ltd., which had earlier submitted a stand‑alone revival proposal that was rejected, claimed to be an "interested person" and s…
HEIRS AND LRS. OF DECEASED SOMABHAI KANJIBHAI BARIAversusPATEL PARSH OTT AMDAS JAMDAS (D) AND ANR.
1995 INSC 1717 March 1995Dismissed
The appellants, heirs of Somabhai Kanjibhai Baria, were tenants of watan lands that were abolished by the Gujarat Watans Abolition Act, 1961 and later re‑granted to the respondent in 1966. The tenancy was terminated on 31 March 1961 and a suit for possession was filed on 14 August 1962. The civil court, relying on Sect…
PPK GOPALAN NAMBIARversusPPK BALAKRISHNAN NAMBIAR AND ORS.
1995 INSC 1727 March 1995Appeal(s) allowed
In a partition suit, the defendant (appellant) produced a registered will executed by his mother that left the entire estate to him. The trial court rejected the will, finding suspicious circumstances, while the subordinate judge upheld its validity, relying on the registrar's endorsement as proof of the testator's sou…
SHIV DAS AND ORS.versusSMT. DEVKI (DEAD) BY LRS. AND ORS.
1995 INSC 1737 March 1995Disposed off
Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs entitled to equal halves…
SAKTI THROUGH ITS DIRECTOR, RAMPACHODAVARAM, EAST GODA VARI DISTT., ANDHRA PRADESHversusR.K. RAGALA AND ORS.
1995 INSC 6956 November 1995Disposed off
Sakti, through its director, issued a show‑cause notice to employee R.K. Ragala. Before the notice could be acted upon, Ragala retired from service. The Andhra Pradesh High Court quashed the notice, although it interfered at the notice stage. The appellant filed a special leave appeal before the Supreme Court. The Cour…
SMT. KEWAL PATIversusSTATE OF U.P AND ORS.
1995 INSC 2516 April 1995Case Allowed
Ramjit Upadhaya, a convict serving a sentence under Section 302 IPC in Central Jail, Varanasi, was killed by a co‑accused inmate. His wife and three children filed a writ petition under Article 32 seeking compensation, arguing that the State failed to protect his life while in custody. The State contended that the Utta…
STATE OF U.P. AND ORS.versusCOMMITIEE OF MANAGEMENT OF S.K.M. INTER COLLEGE AND ANR.
1995 INSC 2526 April 1995Appeal(s) allowed
The State of Uttar Pradesh, through the Director of Education, issued a show‑cause notice to the Committee of Management of S.K.M. Inter College under Section 16‑D(2) and (3) of the U.P. Intermediate Education Act, 1921, alleging mismanagement, misappropriation of funds and other irregularities. The Committee's explana…
CANARA BANKversusNUCLEAR POWER CORPORATION OF INDIA LTD. AND ORS.
1995 INSC 1606 March 1995Appeal(s) allowed
Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to Transactions in Securities…
U.P. AVAS EVAM VIKAS PARISHAD LUCKNOW (U.P.)versusSMT. PUSHPA LATA AWASTHI
1995 INSC 1616 March 1995Disposed off
The appellant, U.P. Avas Evam Vikas Parishad, challenged the High Court's order quashing a land acquisition notification issued under the Land Acquisition Act, 1894. The respondent, Smt. Pushpa Lata Awasthi, had purchased the land from the original owner, Chotelal, after the notification was served but before any objec…
RA VINDER SINGHversusSTATE OF M.P. AND ORS.
1995 INSC 1636 March 1995Appeal(s) allowed
The appellant, an Assistant Sub‑Inspector of Police, was accused of delays in dispatching communications and of failing to keep a copy of the Superintendent’s leave application on record. After being threatened and warned by the Superintendent, he tendered his resignation on 3 January 1991. He withdrew the resignation …
NANI GOPAL PAULversusT. PRASAD SINGH AND ORS.
1995 INSC 1646 March 1995Appeal(s) allowed
The case arose from a foreclosure suit where a court‑appointed receiver sold the mortgaged property to the appellant, Nani Gopal Paul, for Rs 60 lakhs, of which only Rs 5 lakhs was deposited. The sale was confirmed by a single High Court judge despite the existence of higher offers and without proper scrutiny. Responde…
LAL BABU HUSSEIN AND ORS.versusELECTORAL REGISTRATION OFFICER AND ORS.
1995 INSC 986 February 1995Disposed off
The Supreme Court examined the Election Commission's directives that empowered district collectors and police to determine a person's citizenship and delete alleged foreign nationals from electoral rolls. Petitioners challenged the procedure, arguing that notices relied solely on police reports, limited the documents t…
STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA
1995 INSC 106 January 1995Disposed off
Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, reverted Misra to the pos…
M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.
1995 INSC 116 January 1995Dismissed
The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, and, after receiving no…
R.D. HATTANGADIversusMIS. PEST CONTROL (INDIA) PVT. LTD. AND ORS.
1995 INSC 126 January 1995Appeal(s) allowed
R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for medical expenses, l…
ANNASAHEB BAPUSAHEB PATIL AND ORS.versusBALWANT@ BALASAHEB BABUSAHEB PATIL (DEAD) BY LRS. AND HEIRS ETC.
1995 INSC 96 January 1995Dismissed
The father of the appellant and the first respondent died in 1956, leaving a joint Hindu family where the Patel watan lands were impartible and governed by primogeniture. The Maharashtra Revenue Patels (Abolition of Office) Act, 1962 abolished the Patel watan and, under s.5, the eldest son Balwant obtained a re‑grant o…
STATE OF ORISSAversusBANSIDHAR SINGH
1995 INSC 8435 December 1995Appeal(s) allowed
Santush Kumar Nayak was admitted with severe burns and, on his deathbed, gave a dying declaration to Dr. P.K. Sahu that his brother‑in‑law Bansidhar Singh had poured kerosene on him. The police initially registered a case under Section 309 IPC (attempted suicide) based on an FIR from the respondent's son, but after the…
NARENDRA NATH SINHAversusSTATE OF U.P. AND ORS.
1995 INSC 8395 December 1995Disposed off
The appellant, a senior Assistant Engineer in the Uttar Pradesh Public Works Department, was promoted ad‑hoc to Executive Engineer on 12 July 1979 and regularised on 30 June 1980. He filed a writ petition on 29 September 1980 challenging the seniority list of Assistant Engineers. The Allahabad High Court held that any …
SHEELA BARSEversusUNION OF INDIA AND ORS.
1995 INSC 5385 September 1995Disposed off
The Supreme Court entertained a writ petition filed by Ms. Sheela Barse, later substituted by the Supreme Court Legal Aid Committee, highlighting the deplorable conditions in which mentally ill women and children were detained in jails. The Court appointed Commissioners to investigate and issued several orders to impro…
SATPAL ANTIL AND ANR.versusUNION OF INDIA AND ANR.
1995 INSC 3405 May 1995Dismissed
The appellants, Junior Engineers (Civil) in the Telecommunication Department, passed the departmental qualifying examination for promotion to Assistant Engineer (Civil) and were placed at lower seniority positions in the list prepared by the department. They challenged the seniority list before the Central Administrati…
TAMIL NADU ELECTRICITY BOARD EMPLOYEES AND CONTRACT LABOUR UNION AND ORS.versusTAMIL NADU ELECTRICITY BOARD AND ORS.
1995 INSC 3415 May 1995Disposed off
The Union filed a contempt petition alleging that the Tamil Nadu Electricity Board (the Board) had willfully failed to implement the Khalid Commission's recommendation to absorb 18,006 contract workers within the prescribed schedule. The Board sought an extension, proposing phased absorption of 436 workers by 30‑Sept‑1…
COLLECTOR OF CUSTOMS, CALCUTTAversusSANJAY CHANDIRAM
1995 INSC 3395 May 1995Appeal(s) allowed
The Collector of Customs appealed against the CEGAT order that had accepted the importer’s declared price for zip rolls as the transaction value despite the importer’s forged certificate of North Korean origin. The Supreme Court held that Rules 3 and 4 of the Customs Valuation Rules presume a genuine transaction value …
SHAHABUDDIN ABDUL KAHLIK SHAIKHversusSTATE OF GUJARAT
1995 INSC 2505 April 1995Appeal(s) allowed
Shahabuddin Shaikh was convicted under IPC Section 302 read with Section 34 and TADA Section 3 for the murder of Manoharbhai, based solely on the testimony of the victim's brother (PW‑2). PW‑2 gave materially contradictory statements about the place from which he observed the incident, the role of the accused, and the …
MIS. UNITED GLASS, BANGALOREversusCOLLECTOR OF CENTRAL EXCISE
1995 INSC 85 January 1995Dismissed
M/s United Glass, a bottling unit of the Khoday Group, filed price lists for various bottle types that were deemed far below cost. The excise authorities re‑determined the values under Rule 7 of the Central Excise (Valuation) Rules, 1975, after finding the appellant’s prices unacceptable. The Collector (Appeals) allowe…
SHRI HARISH TANDONversusTHE ADDL. DISTRICT MAGISTRATE, ALLAHABAD, U.P. AND ORS.
1995 INSC 75 January 1995Appeal(s) allowed
The appellant, Harish Tandon, sought eviction of tenants occupying a shop in Allahabad after the original tenant died and his heirs continued the business. The heirs admitted the original tenant's son‑in‑law as a partner in the firm, which the landlord claimed created a deemed vacancy and deemed sub‑letting under the U…
COLLECTOR, LAND ACQUISITIONversusGANARAM DHOBA
1995 INSC 8284 December 1995Appeal(s) allowed
The State acquired certain agricultural land of the respondent under Section 4(1) of the Land Acquisition Act, 1894 in 1983 and made an award in 1987. The reference court fixed compensation based on the land's yield, applying a multiplier of 16, which the Orissa High Court affirmed. The State appealed, arguing that old…
M/S. GUJARAT BOTTLING COMPANY LTD. AND ORS.versusTHE COCA COLA CO. AND ORS.
1995 INSC 4414 August 1995Dismissed
Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended to register GBC as a …
DISTRICT PRIMARY EDUCATION OFFICER, MAHSANA ETC. ETC.versusVIDOTEJAK MANDAL AND ORS. ETC.
1995 INSC 4424 August 1995Appeal(s) allowed
The appellant, a District Primary Education Officer, appealed against a Gujarat High Court order that had directed the grant of aid for a clerk and a peon to a trust running a single primary school. The trust claimed that under Rule 115(3) of the Bombay Primary Education Act, 1949, institutions operating more than one …
SHAMSHUL KANWARversusSTATE OF U.P.
1995 INSC 3374 May 1995Dismissed
In Village Sakhni, Uttar Pradesh, a factional clash erupted during a funeral procession, resulting in the death of ten members of the prosecution party. The accused, led by Shamshul Kanwar, were found to have entered the scene armed and fired indiscriminately, constituting an unlawful assembly under Sections 302 and 14…
B.P.L. PHARMACEUTICALS LTDversusCOLLECTOR OF CENTRAL EXCISE, VADODARA
1995 INSC 3384 May 1995Appeal(s) allowed
B.P.L. Pharmaceuticals Ltd. manufactured a Selenium Sulfide Lotion (branded Selsun) containing 2.5% selenium sulfide, used for treating seborrhoeic dermatitis and tinea versicolor. The product was certified as a drug by the FDA, labelled with warnings, and marketed through chemists on prescription. While earlier excise…
V.CHARULATHA AND OTHERSversusS. GUNALAN, CHAIRMAN, RAILWAY RECRUITMENT BOARD, MADRAS AND ORS.
1995 INSC 2454 April 1995Disposed off
In 1987 the Railway Recruitment Board, Madras advertised about 500 non‑technical posts and conducted written exams. After the results, a second written exam was ordered, which was later quashed by the Madras High Court. The Supreme Court directed the Board to appoint the 775 candidates selected in 1987 within two weeks…
M/S. SAHNEY PARIS RHONE LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, HYDERABAD
1995 INSC 2434 April 1995Appeal(s) allowed
M/s. Sahney Paris Ltd. manufactured self‑starter motors for motor vehicles and submitted a classification list placing them under Tariff Item 68 of the Central Excise Tariff. The Assistant Collector and subsequent authorities re‑classified the items under Tariff Item 30, treating them as electric motors, and levied exc…
MUKHTIAR SINGH AND ANR. ETC.versusSTATE OF PUNJAB ETC.
1995 INSC 64 January 1995Remitted to Lower Court
Eleven accused were tried before the Special Court, Ferozepur for murder and related offences under the IPC and Arms Act. The trial court convicted some and acquitted others but its judgment contained only conclusions without any discussion of evidence or reasons. Appeals were filed under Section 14 of the Terrorist Af…
SPECIAL LAND ACQUISITION OFFICER AND ORS.versusMALLANAGOUDA RAYANAGOUDA PATIL AND ORS.
1995 INSC 4373 August 1995Dismissed
The Special Land Acquisition Officer appealed against the Karnataka High Court’s modification of the compensation awarded to the petitioners for acquired land. The High Court reduced the compensation per acre but the Supreme Court affirmed the award and further granted enhanced solatium at 15% and interest at 6% on the…
HARBANS SINGHversusSTATE OF PUNJAB AND ORS.
1995 INSC 4383 August 1995Appeal(s) allowed
Harbans Singh, who joined the Punjab Department of Legal and Legislative Affairs as a clerk in 1965 and was promoted to Assistant in 1974, claimed promotion to Legal Assistant on the basis of seniority when a vacancy arose in 1977. Ajit Lal Arora, the third respondent, was appointed to the same post on May 20, 1977, af…
SRI KAPTAN SINGH (DECEASED) THROUGH LRS.versusRAJINDER SINGH AND ANR.
1995 INSC 4403 August 1995Dismissed
The appellant, the estate of the late Sri Kaptan Singh, filed a writ petition in the Delhi High Court seeking a mandamus directing the Commissioner of Police to transfer his criminal complaint to an independent police agency, alleging that while in police custody his property was being alienated by a person claiming po…
THE GOVT. OF INDIA AND ORS. ETC.versusTHE MADRAS RUBBER FACTORY LTD. ETC.
1995 INSC 3363 May 1995Case Partly allowed
The Government of India appealed against the assessment orders of the Assistant Collector of Central Excise which allowed Madras Rubber Factory Ltd. (MRF) various deductions under Section 4 of the Central Excises and Salt Act, 1944, while disallowing others. The key disputes concerned whether expenses incurred in maint…
G. RABINATHANversusSTATE OF KARNATAKA AND ORS.
1995 INSC 2423 April 1995Appeal(s) allowed
G. Rabinathan, an Emergency Commissioned Officer in the defence services from June 1963 to September 1967, joined the National Cadet Corps (NCC) from December 1967 to June 1972 and was later appointed as a Probationary Commercial Tax Officer in Karnataka. He sought continuity of service for seniority under Rule 6‑A of …
SRI BAGAWATI TEA ESTATES LTD.versusGOVERNMENT OF INDIA AND ORS.
1995 INSC 963 February 1995Appeal(s) allowed
The petitioners, owners of private forests in Kerala, challenged the constitutional validity of the Kerala Private Forests (Vesting and Assignment) Act, 1971, arguing that the State had failed to implement its agrarian‑reform objectives under Section 10 and that the later Forest (Conservation) Act, 1980 (and its 1988 a…
M/S ISHA MARBLES ETC. ETC.versusBIHAR STATE ELECTRICITY BOARD AND ANR. ETC. ETC.
1995 INSC 953 February 1995Disposed off
The Supreme Court considered appeals arising from the sale of mortgaged industrial premises by the Bihar State Financial Corporation. The purchasers, who acquired the assets at auction, were denied reconnection of electricity because the Bihar State Electricity Board demanded payment of arrears incurred by the previous…
PUNJAB STATE AND ANR.versusDARSHAN KUMAR
1995 INSC 6752 November 1995Appeal(s) allowed
Darshan Kumar filed a suit on 25 September 1989 challenging several orders of the competent authority that had withheld his service increments. The trial court held the suit was not barred by limitation because the enquiry procedure under the relevant rules was not followed. The appellate court merely observed that no …
MANDEEP KUMAR ETC.versusSTATE OF HARYANA AND ANR. ETC.
1995 INSC 6762 November 1995Appeal(s) allowed
The appellants, former government employees, were dismissed for multiple unauthorised absences amounting to marginal lapses of one to two days. They challenged their dismissal before the Supreme Court, seeking reinstatement with full back‑pay. The Court examined whether such marginal lapses warranted dismissal or could…
INDER SINGH AND ORS.versusUNION OF INDIA AND ANR.
1995 INSC 6792 November 1995Dismissed
The Land Acquisition Collector issued an award fixing compensation for three belts of land. Twenty‑two landowners, including the appellants, signed Form K under Rule 9(5)(i) of the Rules, thereby accepting the compensation without protest. Subsequently the appellants filed a writ petition in the Punjab & Haryana High C…
BAPU MAHADU. MALI & ORS.versusVITHALRAO BHAUSAHEB DESHMUKH AND ANR.
1995 INSC 6822 November 1995Dismissed
In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, which under Section …
NAVKIRAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.
1995 INSC 3842 July 1995Disposed off
A group of 17 practising advocates filed a letter‑petition under Article 32 of the Constitution, alleging that the Punjab police had kidnapped and possibly murdered several of their colleagues, including Ranbir Singh Mansahia, Jagwinder Singh, Kulwant Singh and Sukhwinder Singh Bhatti. The State of Punjab replied that …
RASHTRIYA CHINI MILLS ADHIKARI PARISHAD, LUCKNOWversusTHE STATE OF U.P. AND OTHERS
1995 INSC 3852 July 1995Appeal(s) allowed
The petitioners, Rashtriya Chini Mills Adhikari Parishad, challenged a Uttar Pradesh Government order to sell six sugar factories by filing a writ petition under Article 226 before the Lucknow Bench of the Allahabad High Court. The Division Bench held that the Lucknow Bench lacked jurisdiction because only one factory …
BRAMCHARI SIDHESWAR BHAI AND ORS. ETC.versusSTATE OF WEST BENGAL ETC.
1995 INSC 3822 July 1995Dismissed
The Ramakrishna Mission established a degree college at Rahra with financial assistance from the State and Union governments, and the college was administered by a governing body constituted by the Mission, not the standard pattern prescribed for sponsored colleges. A dispute arose when the teachers' council struck and…
NAND KISHORE MEHRAversusSUSHILA MEHRA
1995 INSC 3832 July 1995Appeal(s) allowed
The husband, Nand Kishore Mehra, filed a suit in the Delhi High Court seeking relief concerning properties he alleged were purchased benami in his wife Sushila Mehra's name. The wife moved to have the plaint rejected on the ground that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988.…