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Judgments of 1995

917 judgments · newest first · showing 1–200

BALAJI RAGHAVAN S.P. ANANDversusUNION OF INDIA

1995 INSC 900Disposed 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 …

SH. BODHISATTWA GAUTAMversusMISS SUBHRA CHAKRABORTY

1995 INSC 907Disposed 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 …

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

1995 INSC 903Dismissed

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 …

DEEPversusSTATE OF RAJASTHAN AND ORS.

1995 INSC 908Appeal(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 …

STATE OF KERALAversusM.M. ABDUL KHADER

1995 INSC 909Appeal(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 …

CONSTABLE DAVINDER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.

1995 INSC 910Dismissed

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, …

UNION OF INDIA AND ORS.versusB.N. SINGH AND ORS.

1995 INSC 911Dismissed

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 …

UNION OF INDIAversusDULAL CHANDRA GHOSH AND ORS.

1995 INSC 912Dismissed

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 …

MAHESH KUMAR AGALversusDIRECTOR GENERAL OF POLICE AND ANR.

1995 INSC 913Dismissed

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 …

KAVERI ENGINEERING INDUSTRIES LTD.versusUNITED SHIPPING CORPORATION LTD. AND ANR.

1995 INSC 914Appeal(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 …

STATE OF ORISSA AND ANR.versusSRI DAMODAR DAS

1995 INSC 904Appeal(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, …

UNION OF INDIA (RAILWAY BOARD) AND OTHERSversusJ.V. SUBHAIAH AND OTHERS ETC.

1995 INSC 905Appeal(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, …

CHAMELI SINGHversusTHE STATE OF U.P.

1995 INSC 906Dismissed

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 …

THE STATE OF PUNJAB AND ORS.versusSHARAN PAL SINGH AND ORS.

1995 INSC 893Appeal(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 …

BALKRISHNA PANDEYversusSTATE OF BIHAR AND ORS.

1995 INSC 894Disposed 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 …

STATE OF RAJASTHAN AND ORS.versusRAMESHWAR LAL GAHLOT

1995 INSC 895Appeal(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 …

STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.

1995 INSC 896Dismissed

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 …

KARANPURA DEVELOPMENT COMPANY LTD.versusUNION OF INDIA

1995 INSC 898Appeal(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 …

NEW INDIA ASSURANCE CO. LTD.versusMANDAR MADHAV TAMBE AND ORS.

1995 INSC 899Appeal(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 …

VISWANATH (DEAD) BY LR.versusCHANDRA BHAN AND ORS.

1995 INSC 888Appeal(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 …

N.G. SREEDHARAN AND ANR.versusSTATE OF KERALA

1995 INSC 889Case 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 …

UNION OF INDIA & ORS.versusMRS. SAROJ BALA

1995 INSC 890Appeal(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 …

KALYANversusGORAKH

1995 INSC 891Disposed 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 …

KALIDAS UMEDRAM AND ORS.versusSTATE OF GUJARAT AND ANR.

1995 INSC 892Dismissed

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, …

STATE OF RAJASTHANversusFATEH CHAND SONI

1995 INSC 877Appeal(s) allowed

The case concerned officers of the Rajasthan Police Service who were promoted from the Senior Scale to the Selection Scale. The respondent, Fateh Chand Soni, challenged the seniority list prepared on the basis of the date of appointment to the Selection Scale, arguing that such appointment did not …

SANTOSH KUMAR SINGHversusTHE STATE OF U.P. & ORS. ETC.

1995 INSC 878Dismissed

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 …

MALIKARJUNAPPA SHIVMURTHAPPA SINCE DECEASED BY HIS HEIRSversusSTATE OF MAHARASHTRA

1995 INSC 881Dismissed

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 …

UNION OF INDIA AND ANR.versusM/S. MURUGAN TALKIES

1995 INSC 882Disposed 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 …

DHARAMDEOversusBIJARAT AND ORS.

1995 INSC 883Dismissed

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 …

UNION OF INDIAversusSH. GANSHYAM DASS KEDIA AND ORS.

1995 INSC 884Case Partly allowed

The Birla Cotton Spinning and Weaving Mill had earmarked three acres for staff quarters in 1951; after the mill became non‑functional, its employees bought the land for residential use. The land was later included in a planned‑development acquisition under sections 17(1) and 17(4) of the Land …

SULTAN SINGHversusSTATE OF HARYANA AND ANR.

1995 INSC 885Disposed 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 …

STATE OF KERALA ETC.versusVARKEY MATHEW AND ORS. ETC.

1995 INSC 887Appeal(s) allowed

The deceased Varkey Mathew died in 1973 without filing the statement of excess land required under Sections 85(2) and 85(3A) of the Kerala Land Reforms Act, 1964. The State initiated proceedings under Section 85(7) against his successors-in-interest, but the Taluk Land Board later cancelled the …

DR. RAMESH YESHWANT PRABOOversusSHRI PRABHAKER KASHINATH KUNTE AND ORS.

1995 INSC 868Dismissed

The 1987 Vile Parle Assembly election of Dr. Ramesh Yeshwant Prabhoo was challenged on the ground that his agent, Bal Thackeray, made speeches appealing to voters on the basis of Hindu religion and inciting communal feelings. The High Court held the speeches to be corrupt practices under Sections …

MANOHAR JOSHIversusNITIN BHAURAO PATIL AND ANR.

1995 INSC 869Appeal(s) allowed

Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. …

PROF. RAMCHANDRA G. KAPSE ETC.versusHARIBANSH RAMAKBAL SINGH ETC

1995 INSC 870Appeal(s) allowed

The Supreme Court examined an election petition that had declared the Lok Sabha election of Prof. Ramchandra G. Kapse void on the ground of alleged corrupt practices involving speeches by Sadhvi Reethambara and Pramod Mahajan. The Court held that a noticee under Section 99 of the Representation of …

RAMAKANT MAYEKAR ETC. ETC.versusSMT. CELINE D SILVA

1995 INSC 871Appeal(s) allowed

The appellant Ramakant Mayekar challenged a High Court order that declared his election to the Maharashtra Legislative Assembly void on grounds of corrupt practices under the Representation of the People Act, 1951. The Supreme Court examined whether the election petition filed on 16 April 1990 was …

MORESHWAR SAVEversusDWARKADAS YASHWANTRAO PATHRIKAR

1995 INSC 872Appeal(s) allowed

Moreshwar Save was elected from the Aurangabad parliamentary constituency, but his election was set aside by the Bombay High Court on the ground that corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, were committed through speeches by Manohar Joshi …

CHANDRAKANTA GOYALversusSOHAN SINGH JODH SINGH KOHLI

1995 INSC 873Appeal(s) allowed

The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of …

SH. SURYAKANT VENKATARAO MAHADIKversusSMT. SAROJ SANDESH NAIK (BHOSALE)

1995 INSC 874Dismissed

Suryakant V. Mahadik, a Shiv Sena candidate, was elected to the Maharashtra Legislative Assembly from the Nehru Nagar constituency. Saroj Sandesh Naik filed an election petition alleging that Mahadik, during a religious gathering at Sarveshwar Mandir, appealed to voters on the basis of "Hindutva" …

INCOME TAX OFFICERversusCH. ATCHAIAH

1995 INSC 876Appeal(s) allowed

The respondents, Atchaiah and Kondal Reddy, bought land that was later acquired by the government and received compensation, part of which was treated as capital gain and taxed individually in assessment years 1965-66 and 1968-69. In 1972 the Income Tax Officer (ITO) issued a notice under s.148 …

SALAUDDIN ABDULSAMAD SHAIKHversusTHE STATE OF MAHARASHTRA

1995 INSC 875Disposed off

The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure, and the High Court granted an ad‑interim order valid until 26 September 1995, imposing a condition that he report daily to the police station. Upon expiry of that order, the High Court judge directed the …

DR. V.P. MALIK AND ORS.versusUNION OF INDIA

1995 INSC 862Dismissed

The petitioners, members of the teaching specialist sub‑cadre of the Central Health Service, challenged the Government’s decision to implement the Tikoo Committee’s recommendation on promotion from the Rs 3,700‑5,000 scale to the Rs 4,500‑5,700 scale with a cut‑off date of 1 December 1991, alleging …

S.P. GOELversusCOLLECTOR OF STAMPS

1995 INSC 863Dismissed

S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection …

LAND ACQUISITION OFFICER, PUNJABversusANUDEEP KAUR AND ORS.

1995 INSC 864Appeal(s) allowed

The State Government appealed a High Court decision that had dismissed its civil revision against a civil court award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The award by the Land Acquisition Officer was dated 30 July 1981, before the amendment (Act 68 of …

SATE OF HARYANAversusTRILOK CHAND AND ORS. ETC. ETC.

1995 INSC 865Dismissed

The State of Haryana appealed against an award granted in a dispute with Trilok Chand and others. The High Court had earlier ordered the parties to bring their legal representatives on record within a specified period. The appellant failed to comply with this direction, and no steps were taken to …

CHIEF OF NAVAL STAFF AND ANR.versusG. GOPALAKRISHNA PILLAI AND ORS.

1995 INSC 866Appeal(s) allowed

G. Gopalakrishna Pillai was initially appointed on an ad hoc basis as Storekeeper in the Navy and later regularised in the same post. He claimed seniority from the date he first started officiating, but the Department granted seniority only from the date of regularisation. The Central Administrative …

P.R. SINHA AND ORS.versusINDER KRISHAN RAINA AND ORS.

1995 INSC 852Disposed off

The respondents filed a writ petition in the Jammu & Kashmir High Court seeking a direction that Bharat Coking Coal Ltd. release coal for which they had paid, alleging that the deposited money had been attached by the Income Tax Department. The High Court issued an ex parte interim order on 27 …

STATE THROUGH CBIversusMOHD. ASHRAFT BHAT AND ANR.

1995 INSC 853Appeal(s) allowed

The respondent, Ashraf Bhat, was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in connection with two FIRs. In FIR No. 56 of 1991 he was arrested on 17‑April‑1992, but the prosecution filed the police report (challan) on 23‑December‑1992, after the one‑year period …

STATE OF WEST BENGAL AND ANR.versusBANDAN BAYEN AND ORS.

1995 INSC 854Appeal(s) allowed

The State of West Bengal recruited candidates for the post of Lower Division Clerk (LDC) in district and sub‑divisional offices under the West Bengal Board's Miscellaneous Rules, 1955, which required a minimum typing speed of 30 words per minute. Forty‑four respondents who failed the typing test …

GANGAL RAMversusSTATE OF HARYANA AND ORS.

1995 INSC 855Disposed off

In December 1992 the State of Haryana conducted an examination for Road Inspectors, declaring two candidates selected on 1 January 1993. Subsequently, on 16 July 1993, fourteen additional candidates were appointed by promotion, allegedly without any selection process and possibly involving bribes. …

BAHADUR SINGH NARODA AND ORS.versusSTATE OF M.P. ORS.

1995 INSC 856Dismissed

The appellants, who were holding certain posts, filed an appeal against a decision of the Madhya Pradesh State Administrative Tribunal that ordered them to be continued in their positions until regularly selected candidates were appointed and took charge. The State filed a counter‑affidavit stating …

MARY JOHNYversusUNION OF INDIA

1995 INSC 857Dismissed

Mary Johny, a Group C employee of Doordarshan Kendra in the Maharashtra‑Goa‑Dadar‑Nagar Haveli region, challenged her promotion and transfer to Akashvani (All India Radio) within the same region, contending that she had elected to remain with Doordarshan when the two services were bifurcated in …

THE STATE OF MAHARASHTRAversusDEORAO AND ANR. ETC.

1995 INSC 858Disposed off

The State of Maharashtra appealed against a Tribunal order concerning daily‑wage workers in the Forest Department who sought regular absorption after eight years of service. The State had framed a scheme prescribing minimum education, age (28 years, with a 5‑year relaxation for backward classes) and …

KARUNA LAHIRIversusGAUTAM KUMAR CHAKRABORTY AND ORS.

1995 INSC 859Dismissed

The appellant, Karunalahiri, and the first respondent, Gautam Kumar Chakraborty, were initially appointed on an ad‑hoc basis in the Orissa State Law Department. A selection committee placed the respondent at serial No. 1 and the appellant at serial No. 3, with confirmation to be made by the State …

SITA DEVI WD/O MUKAND LALversusSTATE OF HARYANA AND ANR.

1995 INSC 860Disposed off

Sita Devi, widow of Mukand Lal, appealed against the State of Haryana challenging the award of compensation for land acquired under the Land Acquisition Act, 1894. The Collector’s award (26‑Nov‑1976) and the reference court’s award (10‑Jan‑1985) raised questions about entitlement to solatium, …

THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTAversusENGINEERS-DE-SPACE-AGE

1995 INSC 861Dismissed

The Board of Trustees for the Port of Calcutta contracted with Engineers‑de‑Space‑Age, including a clause (13(g)) that barred the Commissioners from entertaining any claim for interest on delayed payments. An arbitrator, however, awarded interest pendente lite. The Board appealed, contending that …

CHIEF CONSERVATOR OF FORESTSversusJAGANNATH MARUTI KONDHARE

1995 INSC 847Dismissed

The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention …

BAHADURGARH FLAT HOLDERS ASSOCIATIONversusTHE STATE OF HARYANA AND ANR.

1995 INSC 848Disposed off

The Supreme Court examined an allotment of free‑hold plots in Sector‑6, Bahadurgarh made under the Punjab Urban Estates (Development & Regulation) Act, 1964 and the Punjab Urban Estates (Sales of Sites) Rules, 1965. The allotment required an initial 25% payment and allowed the balance to be paid in …

P. VENKATARAJUversusSPECIAL TEHSILDAR (LAND ACQUISITION)

1995 INSC 849Dismissed

The appellant's land was acquired for the Vengalarayasagar Project under a notification issued on 20 September 1979 pursuant to section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 10,000 per acre, but the Subordinate Judge, on reference …

SANJAY INDUSTRIAL AND ENGINEERING COMPANYversusTHE STATE OF BIHAR AND ORS.

1995 INSC 850Dismissed

The appellant, Sanjay Industrial and Engineering Co., challenged a decision of the State Government before the Supreme Court, raising two main points. First, it contended that a letter dated 5 July 1979 should be treated as an integral part of an agreement dated 17 July 1979, thereby creating an …

PATEL NATWARLAL RUPJIversusSHRI KONDH GROUP KHETI VISHAYAK AND ANR

1995 INSC 851Dismissed

The petitioner sought a declaration and injunction to prevent the attachment and sale of land that had been attached to satisfy a monetary award against the respondent society. He relied on Section 53-A of the Transfer of Property Act, claiming that an agreement of sale executed after the attachment …

HARBILAS RAI BANSALversusSTATE OF PUNJAB AND ANR.

1995 INSC 841Appeal(s) allowed

The appellant, a landlord of a non‑residential shop, sought to evict his tenant on the ground of bona‑fide personal use, a right that had been removed by the East Punjab Urban Rent Restriction (Amendment) Act, 1956. He challenged the amendment as violative of Article 14 of the Constitution, arguing …

RAVJI @ RAM CHANDRAversusSTATE OF RAJASTHAN

1995 INSC 842Dismissed

The appellant, Ravji, was convicted of murdering his pregnant wife and three minor children with an axe, attempting to kill his mother, attempting to murder a neighbour's wife, and murdering the neighbour's father‑in‑law. The trial court and High Court found the prosecution's circumstantial and …

STATE OF ORISSAversusBANSIDHAR SINGH

1995 INSC 843Appeal(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 …

UNION OF INDIA AND ORSversusC.N. PONNAPPAN

1995 INSC 844Dismissed

The Supreme Court considered three appeals challenging decisions of the Central Administrative Tribunal (CAT) on whether an employee transferred on compassionate grounds, and placed at the bottom of the seniority list in the new unit, could have his service in the former unit counted as experience …

ABDUL MANNAN AND ORS.versusSTATE OF WEST BENGAL

1995 INSC 837Dismissed

The appellants, eleven persons charged with offences including murder under s.302 IPC, were juveniles at the time of the alleged crime and were therefore required to be tried by a Juvenile Court under the West Bengal Children Act, 1959. No Juvenile Court had been constituted, and the trial was …

SMT. VIRAJ KUNWAR AND ORS.versusII ADDL. DISTT. JUDGE AND ORS.

1995 INSC 838Dismissed

The husband, a tenure‑holder under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, surrendered surplus agricultural land. His wife, who had been judicially separated from him since 1973, claimed that she and their minor children should be treated as a separate holding, allowing her to …

NARENDRA NATH SINHAversusSTATE OF U.P. AND ORS.

1995 INSC 839Disposed 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 …

R. BALAKRISHNA PILLAIversusSTATE OF KERALA AND ANR.

1995 INSC 845Appeal(s) allowed

R. Balakrishna Pillai, a former Kerala Minister for Electricity, was charged with criminal conspiracy (IPC s.120‑B) and an offence under the Prevention of Corruption Act for supplying electricity to a private firm in Karnataka without the Kerala Government's consent. The Kerala High Court held that …

DINAversusTHE FINANCIAL COMMISSIONER, PUNJAB, CHANDIGARH AND ORS.

1995 INSC 840Appeal(s) allowed

The appellant, a tenant, was ordered to be evicted under Section 8 of the Pepsu Tenancy and Agricultural Lands Act (Second Amendment) 1956 after the three‑year minimum tenancy period expired. The lower tribunals held that expiry alone gave the landlord a right to eject. The Supreme Court examined …

STATE OF PUNJABversusGURDIP SINGH AND ORS.

1995 INSC 846Dismissed

The State of Punjab alleged that the young bride Jyoti Bala was subjected to dowry demands and maltreatment by her husband Gurdip Kumar and his family, leading her to commit suicide by self‑immolation. The trial court convicted the accused under Section 306 of the Indian Penal Code for abetting …

COLLECTOR, LAND ACQUISITIONversusGANARAM DHOBA

1995 INSC 828Appeal(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 …

P. VEERAPPAversusM.A. MOHAMMED AMANULLA

1995 INSC 829Dismissed

The appellant, a long‑time tenant, entered into a 1959 agreement with the landlord to purchase the premises and later compromised a suit for specific performance, agreeing to pay a higher consideration and arrears of rent. He failed to pay the consideration within the stipulated time, causing the …

UNION OF INDIA AND ANR.versusBABU SINGH AND ORS.

1995 INSC 830Appeal(s) allowed

The Union of India acquired about 1230.8 acres of land in Bhatinda, Punjab under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for defence purposes, and an arbitrator determined compensation in an award dated 19 January 1985. The landowners filed a writ petition in …

HARI PADA KHANversusUNION OF INDIA AND ORS.

1995 INSC 831Dismissed

Haripada Khan, a permanent workman of Indian Oil Corporation, was arrested in connection with a theft of oil and subsequently dismissed under Standing Order No.20‑IV, which permits dismissal without a disciplinary enquiry if the employee is convicted or the General Manager is satisfied that …

GYAN CHANDversusUNION OF INDIA AND ORS.

1995 INSC 832Dismissed

Gyan Chand, a Group B railway officer, was compulsorily retired under Rule 1802 of the Railway Establishment Code. He contended that, because he had not been formally confirmed on the Group B post and was therefore still on probation, the proviso to Rule 1802 should allow him to revert to his …

HARYANA STATE ELECTRICITY BOARDversusSURASTI DEVI

1995 INSC 833Appeal(s) allowed

The Haryana State Electricity Board appealed a High Court decision that had granted a family pension to Surasti Devi, the mother of a deceased government employee, based on Rule 8.35 of the Punjab Civil Services Rules. The Supreme Court examined whether the mother qualified as a dependent under the …

NEW REVIERA CO-OP. HOUSING SOCIETYversusSPECIAL LAND ACQUISITION OFFICER

1995 INSC 834Dismissed

The New Riviera Co‑op Housing Society appealed against the Special Land Acquisition Officer after the land on which its flats stood was acquired for a public purpose under the Land Acquisition Act, 1894. An award was made and compensation of Rs.13,11,299 was paid, but the society filed a reference …

STATE OF HARYANA AND ANR.versusDHAN SINGH

1995 INSC 835Appeal(s) allowed

The State of Haryana appealed a Punjab & Haryana High Court order that had directed the appointment of the brother of a government employee who died while in service on compassionate grounds. The High Court had held the brother eligible for appointment. The Supreme Court examined Rule 6.16‑B(a) of …

MD. NOORUL HODAversusBIBI RAIFUNNISA AND ORS.

1995 INSC 821Dismissed

The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second …

RAJEEV METAL WORKS AND ORS.versusTHE MINERAL METAL TRADING CORPN. OF INDIA LTD.

1995 INSC 822Dismissed

Rajeev Metal Works applied to the District Industry Centre for 300 MT of galvanized steel sheets, which were to be procured by the statutory agency MMTC Ltd. on its behalf. MMTC pooled requirements, placed a consolidated indent with a foreign seller, but could supply only a portion of the quantity; …

DR. MAHESH CHAND SHARMAversusSMT. RAJ KUMARI SHARMA AND OTHERS

1995 INSC 823Case Partly allowed

Ram Nath Dewan executed a 1942 will granting his wife Satyawati a life estate in the Doctor's Lane house and directing that after her death the property go to his legal heirs. After Ram Nath's death, the son (first defendant) contested the will, claiming a later 1950 will, and the parties litigated …

M/S KABARI PVT. LTD.versusSHIVNATH SHROFF AND ORS.

1995 INSC 824Appeal(s) allowed

The plaintiffs filed a suit for specific performance of a sale agreement and were ordered by the High Court to amend the plaint to implead the purchaser, Kabari Pvt. Ltd. Although the amendment was allowed in 1982, the plaintiffs failed to act on it for about ten years despite being aware of their …

GULABRAO KESHAVARAO PATIL AND ORS.versusSTATE OF GUJARAT

1995 INSC 825Dismissed

The appellants challenged the acquisition of land near Surat railway station under the Land Acquisition Act, 1894, after filing objections to the notification. The Revenue Department advised that, considering the objections and a revenue circular, the acquisition could not be sanctioned, while the …

STATE OF MAHARASHTRAversusISHWAR PIRAJI KALPATRI AND ORS.

1995 INSC 818Appeal(s) allowed

The respondent, a senior police officer, was investigated under the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. After a FIR was lodged, the Maharashtra government granted sanction under Section 197 of the CrPC and a charge‑sheet was filed. The …

MUKHTIAR SINGH AND ORS .versusSTATE OF PUNJAB

1995 INSC 819Appeal(s) allowed

The Special Court convicted Mukhtar Singh and several relatives under IPC sections 302 and 201 for the death of Pritam Kaur, relying mainly on the testimony of the deceased's cousin (PW‑3) and alleged extra‑judicial confessions. The Supreme Court examined the reliability of PW‑3, noting his failure …

STATE OF PUNJAB AND ORS.versusOM PRAKASH AND ORS.

1995 INSC 820Appeal(s) allowed

The State of Punjab appealed a judgment of the Punjab & Haryana High Court (RA No. 164 of 1992) challenging the same legal question previously decided in State of Punjab & Ors. v. Vinod Kumar & Ors. (Civil Appeal No. 1879 of 1993). The Supreme Court, recalling its earlier order that had allowed the …

MUTHUSWAMI NADAR AND ORS.versusRAMAKRISHNAN NADAR AND ORS.

1995 INSC 811Appeal(s) allowed

The appellants filed a partition suit based on three sale deeds executed by Rosammal and Mariammal in their favour. The respondents challenged the deeds, arguing that the vendors' mother, Kochammal, could not inherit her son Kumaraswami's share because she was allegedly a Christian, rendering the …

SABIR HUSSAIN AND ANR.versusSTATE OF U.P. AND ORS.

1995 INSC 812Dismissed

Sabir Hussain and another appealed against the State of U.P. challenging the validity of a scheme approved under the Motor Vehicles Act, 1939 on the ground that the scheme failed to specify the number of services. The question before the Supreme Court was whether such an omission would render the …

YOGENDRA NARAYAN CHOWDHURY AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 813Dismissed

The Supreme Court considered the classification of mazdoors employed in the military engineering department following the recommendations of the Third Pay Commission. Some workers, after passing a prescribed test, were initially placed in the skilled category but were later re‑fit into the …

DR. KRISHNA PAL AND ANR.versusSTATE OF U.P.

1995 INSC 814Dismissed

The accused five men were convicted for the murder of Amar Pal after the prosecution proved that they attacked him with knives, causing sixteen injuries and his death. The prosecution relied on three eye‑witnesses – PW2, PW3 and Dr. Rajveer Singh (PW6) – whose statements were recorded three weeks …

STATE OF HIMACHAL PRADESHversusSHRI PIRTHI CHAND AND ANR.

1995 INSC 815Disposed off

The State of Himachal Pradesh charged Shri Pirthi Chand under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after police seized 1.015 kg of charas following a raid based on secret information. The Sessions Judge discharged the accused, holding that the mandatory safeguards …

MUSTAQ ALI KHAN (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1995 INSC 816Disposed off

The appellant, Mustaq Ali Khan (deceased) by his legal representatives, claimed Asami rights over 40.99 acres in Uttar Pradesh after succeeding his disabled son, who had sub‑leased the land to several respondents. The respondents, who had cultivated the land for more than 45 years, asserted Adhivasi …

SMT. KAMALABAI JAGESHWAR JOSHI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 817Dismissed

The appellants’ 62.5‑acre agricultural land was acquired for the extension of the South Eastern Railway Station and an initial compensation of Rs.250 per acre was awarded under the Land Acquisition Act, 1894. The Reference Court enhanced the award to Rs.2,000 per acre and the Bombay High Court …

JAI NARAIN AND ORS. ETC. ETC.versusUNION OF INDIA

1995 INSC 808Dismissed

The petitioners challenged two notifications dated 6 January 1995 and 9 March 1995 issued under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 for land in Nilothi, Delhi, which was to be used for a sewage‑treatment plant (STP). They argued that the phrase "is likely to be needed" in the …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANOTHER

1995 INSC 809

The Supreme Court examined a report by former Justice O. Chinnappa Reddy investigating Delhi Development Authority (DDA) officials who allegedly colluded with Skipper Construction to hand over land possession without full auction payment and to allow construction, causing loss to the DDA and the …

DR. KM. SUMAN AGARWALversusTHE VICE CHANCELLOR AND ORS.

1995 INSC 807Disposed off

The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the …

WASSAN SINGHversusTHE STATE OF PUNJAB

1995 INSC 795Appeal(s) allowed

Wassan Singh and two co‑accused attacked a gathering at Hazara Singh's house; during the fray Singh was injured multiple times and, fearing grievous hurt, fired his gun, inadvertently killing an innocent woman, Bholan. He was convicted by the Sessions Court under Section 304 Part I IPC and under …

RANJIT KUMAR MAJUMDARversusUNION OF INDIA AND ORS.

1995 INSC 796Dismissed

Ranjit Kumar Majumdar, a civilian employee holding a civil post in the defence services, was suspended under Rule 10(1) of the Central Civil Services (Classification Control and Appeal) Rules, 1965 while a criminal prosecution was pending. He challenged the suspension before the Central …

ASSOCIATED POWER CO. LTD.versusCOMMISSIONER OF INCOME TAX

1995 INSC 794Disposed off

Associated Power Co. Ltd., an electricity generation and distribution company, appropriated Rs 46,460 to a Contingency Reserve as required by the Electricity (Supply) Act, 1948 and claimed it as a deduction for the assessment year 1973‑74. The Income Tax Officer rejected the claim; the Appellate …

STATE OF U.P.versusSHAKEEL AHMED

1995 INSC 797Appeal(s) allowed

The respondent, Shakeel Ahmed, was detained on July 31, 1989 under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He challenged the detention, and the Allahabad High Court set aside the order on two grounds: a one‑month delay in disposing …

GURMIT KAURversusSURJIT SINGH @ JEET SINGH

1995 INSC 798Appeal(s) allowed

Gurmit Kaur, married in 1971, entered into a mutual consent divorce agreement with her husband Surjit Singh, who subsequently remarried. She filed a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The magistrate granted her Rs.200 per month and Rs.100 for her …

STATE OF PUNJABversusJASBIR SINGH

1995 INSC 799Dismissed

The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search …

BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATIONversusNARENDRA KUMAR MISHRA AND ANR.

1995 INSC 800Dismissed

The respondent, an Assistant Godown Manager, misappropriated Rs. 2,61,859.30 in 1976. A departmental enquiry began in 1979 and prosecution was initially filed in 1985 without the mandatory sanction under Section 197 of the Code of Criminal Procedure, 1973, leading to his discharge. After obtaining …

SURESH H. RAJPUT ETC. ETC.versusBHARTIBEN PRAVIN BHAI SONI AND ORS. ETC.

1995 INSC 801Disposed off

A food inspector collected milk samples from the respondents' premises and, after a public analyst reported adulteration, the local health authority granted sanction under Section 20(1) of the Food Adulteration Act, 1954, to prosecute. The sanction was issued as a cyclostyled order without detailed …

NAHAR SINGHversusSTATE OF U.P. AND ORS.

1995 INSC 802Appeal(s) allowed

Nahar Singh appealed against the State of Uttar Pradesh challenging the validity of a land acquisition proceeding that began in 1974. A notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 were issued, but no award was made. The Land Acquisition …

SRI SISIR KUMAR MOHANTYversusSTATE OF ORISSA AND ANR.

1995 INSC 803Appeal(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. …

HARI KRISHNA PATEL AND ANR.versusSTATE OF A.P. AND ANR.

1995 INSC 804Dismissed

Hari Krishna Patel and another filed a suit seeking a declaration of title and a perpetual injunction over a parcel of land in Musheerabad, Hyderabad, alleging purchase from Kulsum Bi. The plaintiffs offered no documentary proof of title except a sale deed executed by the plaintiff's father in 1968. …

THE COLLECTOR, ONGOLE AND ANR.versusNARRA VENKATESWARLU AND ORS.

1995 INSC 805Appeal(s) allowed

The Collector issued a notification under Section 4(1) of the Land Acquisition Act, 1896 to acquire land for the weaker sections (Scheduled Castes and Scheduled Tribes). The High Court quashed the notification on the grounds of colourable exercise of power, non‑application of mind by the Collector, …

M/S. HOTEL DARPAN, MUSSORIEversusSUB-DIVISIONAL MAGISTRATE, MUSSORIE AND ANR.

1995 INSC 789Appeal(s) allowed

The proprietor of Hotel Darpan in Mussoorie was served notices under Section 10 of the Uttar Pradesh Taxation and Land Revenue Laws Act, 1975, demanding payment of a Rs 5,000 amount and threatening a daily fine for non‑deposit. The appellant argued that the demand was for a penalty imposed for …

STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ORS.versusSARTI DEVI

1995 INSC 790Disposed off

Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts …

UNION OF INDIA AND ORS.versusJAYAKUMAR PARIDA

1995 INSC 791Case Partly allowed

Jayakumar Parida, appointed as an Extra‑Departmental Branch Post Master in 1989, was terminated in 1991 under Rule 6 of the Posts and Telegraph Extra‑Departmental Agents (Conduct and Salaries) Rules, 1964, on the ground that he had produced a false income certificate at the time of appointment. No …

MS. HARVINDER CHAUDHARY SRIVASTAVAversusUNION OF INDIA AND ORS.

1995 INSC 792Disposed off

The Supreme Court entertained a writ petition under Article 32 filed by legal representatives of victims of a fire tragedy in Delhi, seeking compensation for the deceased and for injuries, medical expenses, and mental agony suffered by survivors. The petitioners contended that the Delhi …

G. NAGAMMA AND ANR.versusSIROMENAMMA AND ANR.

1995 INSC 793Appeal(s) allowed

The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of …

KULDEEP SINGHversusGANPAT LAL AND ANR.

1995 INSC 784Dismissed

The tenant, Kuldeep Singh, was sued for eviction by his landlords for allegedly defaulting on six months' rent. He claimed to have paid the rent in cash for May‑September 1982, but the landlords refused to give a receipt and returned the money, after which he deposited the rent for May‑October 1982 …

SMT. HANS RAJIversusYASODANAND

1995 INSC 785Dismissed

The appellant, an illiterate Harijan widow, sued to cancel a sale deed she had executed in favour of the respondent, alleging fraud, that she thought she was executing a will, and that the deed was obtained without consideration. The trial court, appellate court and Allahabad High Court all held …

MUNICIPAL COMMITTEE, KARNALversusNIRMALA DEVI

1995 INSC 786Appeal(s) allowed

The respondent, Nirmala Devi, constructed a shop on a 4 ft × 6½ ft portion of a road in Karnal that was deemed a public street. The Municipal Committee issued a notice for demolition; when the respondent failed to comply, the Committee demolished the shop. The respondent sued for damages of Rs …

SATYA NARAYAN ATHYAversusHIGH COURT OF M.P. AND ANR.

1995 INSC 787Dismissed

The petitioner, a Civil Judge appointed on probation after six months of training, remained on probation beyond the two‑year period without a confirmation order. The Madhya Pradesh High Court, finding his performance unsatisfactory, discharged him under Rule 52(a) of the M.P. Government Service …

GURBACHAN SINGHversusBRAG SINGH AND ORS.

1995 INSC 788Dismissed

The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the …

JARNAIL SINGHversusSTATE OF PUNJAB

1995 INSC 775Case Partly allowed

The appellant and four others were tried for murder, rioting and attempt to murder. Eye‑witnesses PW4 and PW6 testified that the appellant and his brother fired at the deceased Sukhdev Singh, while a defence witness DW5 also admitted the appellant’s firing. The trial court acquitted three accused on …

JANATA DAL (SAMAJWADI)versusTHE ELECTION COMMISSIONER OF INDIA

1995 INSC 774Dismissed

Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation …

VINOD KRISHNA KAUL, INDIAN POLICE SERVICE (RETIRED)versusUNION OF INDIA AND ORS.

1995 INSC 776Appeal(s) allowed

The appellant, a retired IPS officer, was allotted a government residence while in service. An amendment to the Allotment of Government Residence (General Pool) Rules, 1963, effective 1 January 1976, required any officer who owned a house to surrender the government accommodation and imposed a …

BHAGWAN DAS AND ANR.versusSARDAR ATMA SINGH

1995 INSC 777Appeal(s) allowed

The appellants, who were tillers of agricultural land allotted under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, held the land by a temporary sanad in 1954 that became permanent in 1965. After purchasing the land, the respondent, an absentee landlord, sought possession under …

DURGESH CHANDRA SAHAversusBIMALCHANDRA SAHA & ORS.

1995 INSC 778Appeal(s) allowed

The appellant, Durgesh Chandra Saha, lodged a complaint that led to a police investigation completed on 8 February 1988 and a charge‑sheet filed under several IPC sections. The respondents, Bimalchandra Saha and others, sought discharge on the ground that the West Bengal Amendment Act (Act 24 of …

SMT. SHAKUNTALABAI AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 779Dismissed

In this civil appeal, the Supreme Court examined the method of determining market value for compensation under the Land Acquisition Act, 1894. The State had acquired 20 acres of land from the appellants, and the Land Acquisition Officer fixed compensation based on the claimants' own purchase price …

DURGA PRASAD (DEAD) BY LRS.versusSMT. GITA KUMAR AND ORS.

1995 INSC 780Disposed off

The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending …

P. BHASKARAN AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 781Dismissed

The appellants, LDCs in the Western Zone of the Controller of Imports and Exports, were promoted on an ad‑hoc basis in 1980 after exercising an option for transfer on promotion. The respondents, senior LDCs, were given the same option only in 1981 and claimed seniority over the appellants, arguing …

FOOD CORPORATION OF INDIAversusV.K. SUKUMARAN ETC. ETC.

1995 INSC 782Dismissed

The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of …

THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARDversusRAMESH KUMAR SINGH AND ORS.

1995 INSC 769Appeal(s) allowed

The Bihar State Housing Board allotted a quarter to respondent No.4 on a hire‑purchase basis, making the allottee a tenant until the final instalment is paid. Respondent No.1 forcibly occupied the first floor, prompting respondent No.4 to complain to the Sub‑Divisional Magistrate (respondent No.3), …

THE SECRETARY TO GOVERNMENT OF MADRAS AND ANR.versusP.R. SRIRAMULU AND ANR.

1995 INSC 768Appeal(s) allowed

The respondents challenged the Tamil Nadu Court Fees and Suits Valuation Act, 1955, which levied court fees at a flat ad‑valorem rate of 7.5% without any upper limit, arguing that the levy was arbitrary, excessive and in reality a tax, violating Entry 3 of List II of the Constitution. The Madras …

MRS. NUTAN J. PATELversusS.V. PRASAD AND ANR.

1995 INSC 770Appeal(s) allowed

Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article …

SHEO NANDAN SINGHversusUNION OF INDIA AND ORS.

1995 INSC 771Dismissed

The appellant, S.N. Singh, a former railway shunting porter, claimed that his true date of birth was 22 January 1936, contrary to the 22 January 1926 recorded in his service file, and therefore argued that he was not liable to retire on 31 January 1984. He challenged the superannuation order before …

THE STATE OF MAHARASHTRAversusNANAKCHAND PYARMAL AND ORS.

1995 INSC 772Disposed off

The State of Maharashtra acquired land under a notification of the Land Acquisition Act, 1894 and the Collector made an award of compensation that the respondents accepted. One claimant later obtained a reference under section 18, and the District Judge enhanced the compensation to Rs.10 per square …

THE STATE OF PUNJAB AND ORS. ETC.versusSHAMBHU NATH SINGLA AND ORS.

1995 INSC 773Disposed off

The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not …

BHUPENDRA SINGHversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 760Appeal(s) allowed

Bhupendra Singh purchased land from a tribal (Kisana) in 1958. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, later restored that land to the tribal's heirs in 1976‑77. The Surplus Land Determination Tribunal, applying the Maharashtra Agricultural Lands (Ceiling on Holdings) …

M/S. COMPLETE INSULATIONS (P) LTD.versusNEW INDIA ASSURANCE COMPANY LTD.

1995 INSC 759Dismissed

MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. …

UNION OF INDIAversusPRATIBHA BANERJEE AND ANR.

1995 INSC 761Dismissed

Pratibha Banerjee, a retired Judge of the Calcutta High Court, was appointed Vice‑Chairman of the Central Administrative Tribunal (CAT) and continued to draw her High Court pension. Upon retiring from the CAT, she claimed that her pension should be fixed under Part I of the First Schedule of the …

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

1995 INSC 762Disposed off

The respondents entered into a sale agreement for a portion of a house in Jalandhar and presented the deed for registration. The Sub‑Registrar, relying on government‑issued valuation guidelines, believed the market value was higher than stated and demanded a revision before registration. The …

THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.

1995 INSC 763Appeal(s) allowed

The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or …

PEHLAD SINGH AND ANR. ETC.versusUNION OF INDIA

1995 INSC 764Dismissed

The Delhi High Court dealt with an appeal by Pehlad Singh and others challenging the compensation awarded for a small portion of land acquired under the Land Acquisition Act, 1894. The land acquired totaled 8.40 acres, but the appellants' interest was a small extent, for which compensation was fixed …

RATAN LAL GUPTA AND ORS.versusUNION OF INDIA

1995 INSC 765Appeal(s) allowed

The Supreme Court examined the compensation awarded for the acquisition of 28 bighas (5.29 acres) of land in Yaquatpur, Delhi under the Land Acquisition Act. The Collector had fixed Rs 5,000 per bigha with solatium and interest, while lower courts reduced the value to Rs 30 per square yard and later …

MIR SINGH AND ORS.versusUNION OF INDIA

1995 INSC 766Dismissed

The appellants' land, covering 966 bighas, was acquired under Section 4(1) of the Land Acquisition Act, 1894, with a notification dated 24 October 1961. The Delhi High Court fixed compensation at Rs 12 per square yard (Rs 12,000 per bigha), following the uniform rate applied in the earlier Sanwalia …

SANT RAM AND ORSversusUNION OF INDIA

1995 INSC 767Dismissed

The appellants, Sant Ram and others, challenged the compensation awarded for their land acquired under the Land Acquisition Act, 1894. The Collector initially fixed compensation at Rs. 4,280 per bigha, which was later enhanced by the Additional Judge to Rs. 6,420 and by the Delhi High Court to Rs. …

RAJPALversusSTATE OF HARYANA AND ORS.

1995 INSC 756Appeal(s) allowed

The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment …

RESHAM SINGH PYARA SINGHversusABDUL SATTAR

1995 INSC 757Dismissed

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 …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. PANDURANG AND ORS.

1995 INSC 758Appeal(s) allowed

The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, …

MANAGEMENT OF NILPUR TEA ESTATEversusSTATE OF ASSAM AND ORS.

1995 INSC 752Appeal(s) allowed

The Management of Nilpur Tea Estate terminated the services of an employee on 1 February 1982 following a charge-sheet and domestic enquiry. The Labour Court set aside that termination and ordered reinstatement, a decision upheld by the High Court. While the reinstatement was pending, the employer …

PRAKASH MAROTIRAO SHEREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 754Disposed off

The Supreme Court heard an appeal by Prakash Marotirao Shere challenging the High Court's order that the State Government appoint an administrator to oversee the election of a Maharashtra cooperative society. The Court had previously directed the appointment of an administrator and set a timetable …

STATE OF WEST BENGALversusSUBAL CHANDRA DAS AND ORS.

1995 INSC 755Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that created an intermediate pay scale for direct‑recruit Lower Division Clerks (LDCs) after the posts of Muharrirs were redesignated and fused into the LDC cadre. The Supreme Court examined whether former Muharrirs, now LDCs, …

SHANTISTAR BUILDERSversusNARAYAN KHIMALAL GOTAME AND ORS. ETC.

1995 INSC 753Disposed off

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit …

SAMA ALANA ABDULLAversusSTATE OF GUJARAT

1995 INSC 739Dismissed

The appellant, Sama Alana Abdulla, was accused of passing a BSF‑prepared map of an underground water pipeline to Pakistani intelligence. During a raid, police recovered the map from his house; a surviving panch witness did not corroborate the recovery, while two police officers who were part of the …

BIHARI LAL JAISWALversusTHE COMMISSIONER OF INCOME TAX

1995 INSC 740Appeal(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 …

COMMISSIONER_ OF INCOME TAX, KANPURversusKAMLA TOWN TRUST

1995 INSC 741Disposed off

The Supreme Court examined two tax disputes. In Commissioner of Income Tax, Kanpur v. Kamla Town Trust, a trust created in 1941 for workers’ housing was rectified in 1945 and 1955; the Court held that the 1945 deed did not create a public charitable trust, denying exemption for 1949‑55, but the 1955 …

SMT. CHANDAN BILASINI (DEAD) BY LRS. ETC.versusAFTABUDDIN KHAN AND ORS. ETC.

1995 INSC 742Disposed off

The plaintiff, a widow, adopted Amaresh Sarkar on 24 August 1965 under the Hindu Adoptions and Maintenance Act, 1956, and executed a registered deed acknowledging the adoption. The natural father later executed a deed acknowledging the adoption. The trial court held the adoption valid, but the High …

ASHWANI KUMAR AND ORS. ETC. ETC.versusSTATE OF BIHAR AND ORS. ETC. ETC.

1995 INSC 743Disposed off

The Supreme Court examined the massive appointment of over 6,000 Class III and IV employees by Dr. A.A. Mallick, Deputy Director of the Tuberculosis Scheme, without written orders and in violation of the 1980 and 1982 recruitment circulars. The appellants claimed that their casual appointments were …

PRABHAVATI DEVIversusUNION OF INDIA AND ORS.

1995 INSC 744Appeal(s) allowed

The appellant, widow of Bipin Kumar Rai, claimed family pension after her husband, who had been employed by Indian Railways first as a casual worker and later as a "substitute" from 27‑04‑1983 until his death on 05‑01‑1987, died. While the Railways paid the death gratuity, they denied the family …

SUDHIR BROTHERSversusDELHI DEVELOPMENT AUTHORITY AND ANR.

1995 INSC 745Appeal(s) allowed

The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum …

BRISA MUNDAversusCHANDO KUMARI @ MOST DUMARI AND ORS.

1995 INSC 746Appeal(s) allowed

The appellant, a tribal resident of Chhotanagpur, filed an application under section 46(4)(a) of the Chhota Nagpur Tenancy Act, 1908 seeking possession of land that his father had surrendered and which was subsequently settled in favour of the respondents. The Deputy Commissioner rejected the …

AMITA KAUSHISH AND ORS.versusSANJAY KAUSHISH AND ORS.

1995 INSC 748Disposed off

The Supreme Court entertained an appeal under Article 136 seeking special leave to direct the Delhi High Court to fix an early date for the final hearing of a pending appeal. The High Court had earlier ordered the matter to be listed for hearing on October 17, 1994, but the date had lapsed and the …

JAI NARAIN RAMversusSTATE OF U.P. AND ORS.

1995 INSC 749Appeal(s) allowed

In 1988 the Uttar Pradesh government advertised fifteen Treasury Officer‑Accounts Officer posts, four of which were reserved for Scheduled Caste (SC) candidates. The State Public Service Commission (PSC) recommended four names, but those candidates never joined the service. The appellant, Jai Narain …

STATE OF M.P. AND ORS.versusSHYAMA PARDHI ETC. ETC.

1995 INSC 750Appeal(s) allowed

The Madhya Pradesh Public Health and Family Welfare Department’s 1989 recruitment rules for Auxiliary Nurse‑cum‑Midwife (ANM) required a 10+2 qualification with Physics, Chemistry and Biology. The respondents, who lacked this qualification, were nevertheless selected by the District Medical Officer …

STATE OF TAMIL NADU AND ANR. ETC.versusMAHALAKSHMI AMMAL AND ORS. ETC.

1995 INSC 751Appeal(s) allowed

The State acquired land under the Land Acquisition Act, 1894, publishing a notification in 1978, making an award in 1986 and taking possession later that year. The respondents challenged the acquisition on grounds of alleged discrimination under Article 14, the effect of an errata notification, …

KARTIK MALHARversusSTATE OF BIHAR

1995 INSC 735Dismissed

Kartik Malhar was convicted of murder under Section 302 IPC and sentenced to life imprisonment based primarily on the testimony of Fulmani, the widow of the deceased, after two other eye‑witnesses turned hostile. The appellant argued that a conviction could not rest on a single, highly interested …

MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1995 INSC 736Disposed off

Mrs. Paramjit Kaur filed a habeas corpus petition under Article 32 of the Constitution alleging that her husband, Jaswant Singh Khalra, a human‑rights activist, was abducted by persons in police uniforms in broad daylight in Amritsar. The petition also highlighted serious allegations that the Punjab …

SMT. SNEH PRABHAversusSTATE OF U.P. AND ANR.

1995 INSC 737Dismissed

The State of Uttar Pradesh published a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for development. The State later issued a Land Policy offering alternate plots to owners whose land was acquired, categorising owners by land size. Government Orders clarified …

UNION OF INDIA AND ORS.versusBINOD BIHARI BEHERA

1995 INSC 728Appeal(s) allowed

The respondent, a Sub‑Inspector of the Central Industrial Security Force, tendered his resignation which was accepted by the Deputy Inspector‑General (DIG) on 17 October 1984. He later sought to withdraw the resignation and asked for re‑enlistment, but both requests were rejected by the DIG. The …

DEVINDERPAL SINGHversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI

1995 INSC 730Disposed off

Devinderpal Singh was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and detained in judicial custody. Before the statutory 180‑day period expired, the investigating officer applied to the Designated Court for an extension of time to complete the investigation, …

ZENOBIA BHANOTversusP.K. VASUDEVA AND ANR.

1995 INSC 731Appeal(s) allowed

The widow of a deceased IAS officer, a "specified landlord", filed four applications under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (as amended by Act No. 2 of 1985) to evict tenants from a building in Chandigarh that had been let out in four separate parts. The Punjab & …

S.S. DARSHAN ETC.versusSTATE OF KARNATAKA & ORS.

1995 INSC 732Dismissed

The appellants challenged two notifications issued under the Land Acquisition Act, 1894 for acquiring 11 acres 36 gunthas of land in Bangalore, alleging that the acquisition was for a private limited company and not a public purpose, and that the urgency provisions of Section 17 could not be …

L. MOOLCHAND AND ORS.versusFATIMA SULTANA BEGUM AND ORS.

1995 INSC 733Dismissed

In an administrative suit concerning the sale of a property at Ootacamund, the Court appointed receivers who effected the sale. The purchasers of the property (appellants) challenged objections raised under Order 21, Rule 90 read with Section 151 of the CPC, arguing that such objections were not …

THE ASSISTANT COMMISSIONER OF SALES TAX, KERALAversusM/S P. KESAVAN AND CO .

1995 INSC 727Appeal(s) allowed

The respondents, sellers of Caristrap Rayon Cord Strapping, claimed exemption from sales tax under Entry 7 of Schedule III of the Kerala General Sales Tax Act, 1963, contending that the strapping was a rayon fabric. The Assessing Authority rejected the claim and the respondents filed writ petitions …

INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.

1995 INSC 720Appeal(s) allowed

The Supreme Court examined whether medical services rendered by doctors, hospitals and nursing homes fall within the definition of "service" under Section 2(1)(o) of the Consumer Protection Act, 1986, and thus attract consumer‑redress. It held that services provided for consideration – even if …

UNION OF INDIA AND ORS.versusSURESH C. BASKEY AND ORS. ETC. ETC.

1995 INSC 721Appeal(s) allowed

The Supreme Court considered whether workmen of the Government Mint in Calcutta, who were allotted government accommodation and therefore did not receive house rent allowance (HRA), could notionally include HRA in the "ordinary rate of wages" for calculating overtime allowance under Section 59 of …

NAZAR SINGH AND ORS.versusJAGJIT KAUR AND ORS.

1995 INSC 722Appeal(s) allowed

Gurdial Singh transferred 94 kanals and 19 marlas of land to his wife Harmel Kaur in 1963 as maintenance, subject to restrictive covenants. After Singh's death, Harmel sold a portion of the land to the appellants. The second wife and three daughters of Singh sued, claiming a one‑seventh share, …

U. P. JAL NIGAM AND ANR.versusSYED KHADIM WARIS

1995 INSC 723Appeal(s) allowed

Syed Khadim Waris, an Executive Engineer, was compulsorily retired by Uttar Pradesh Jal Nigam at age 50 under Rule 56‑C of the Financial Handbook. The Allahabad High Court set aside the retirement, holding that an adverse service entry for 1983‑84, though communicated, could not be used while the …

JAGDISH PRASADversusTHE STATE OF BIHAR AND ANR.

1995 INSC 725Dismissed

Jagdish Prasad, who was four years old when his father, a government employee, died in harness in 1971, filed a writ petition after attaining majority in 1994 seeking a compassionate appointment. The High Court dismissed the petition, and the appellant appealed to the Supreme Court. The Court held …

UNION OF INDIAversusTHE SPECIAL TEHSILDAR (ZA) AND ORS.

1995 INSC 719Disposed off

The Department of Space (Union of India) sought land in Tamil Nadu for a rocket‑launching station under a notification issued pursuant to Article 258(1) of the Constitution. After the Land Acquisition Officers awarded compensation, owners obtained a reference under Section 18 of the Land Acquisition …

DAKSHABEN B. PATELversusTHE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.

1995 INSC 712Appeal(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. …

P.K. GHOSH, I.AS. AND ANR.versusJ.G. RAJPUT

1995 INSC 713Appeal(s) allowed

J.G. Rajput, an employee of Ahmedabad Municipal Corporation, challenged his suspension in the Gujarat High Court, where he was initially represented by advocate B.J. Shethna. After Shethna was elevated to the bench, Rajput faced a later charge‑sheet for theft and filed a contempt petition alleging …

JINDA RAM (DEAD) BY LRS.versusRAM PRAKASH AND ANR.

1995 INSC 714Appeal(s) allowed

Jinda Ram, a co‑sharer and tenant, filed a suit under Section 15(b) of the Punjab Pre‑emption Act, 1913 seeking to pre‑empt agricultural land that had been sold. The trial court recognized his co‑sharer status and granted partial relief, but the first appellate court dismissed the suit. The Punjab & …

STATE LEVEL COMMITTEE AND ANR.versusM/S. MORGARDSHAMMAR INDIA LTD.

1995 INSC 715Appeal(s) allowed

The respondent, M/s Morgardshammar India Ltd., applied for an eligibility certificate under Section 4‑A of the U.P. Sales Tax Act, claiming its factory was a "new unit" eligible for sales‑tax exemption. The State Level Committee denied the certificate, holding that part of the machinery used was …