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Supreme Court of India

Judgments of 1995

292 judgments, newest first — showing 201–292.

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.

NOTIFIED AREA COMMITTEE AND ANR.versusDES RAJ AND ORS.

1995 INSC 4458 August 1995Appeal(s) allowed

The dispute concerned lands that were originally used for common purposes, later recorded as shamilat deh and vested in a Gram Panchayat under Section 3(a) of the Punjab Village Common Land (Regulation) Act, 1953. After mutation under the Haryana Municipal Common Land (Regulation) Act, 1974 (later declared void), the f

GANGAL RAMversusSTATE OF HARYANA AND ORS.

1995 INSC 8557 December 1995Disposed 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. The appellant, who ha

R.MANICKA NAICKER ETC.versusE. ELUMALAI NAICKER ETC.

1995 INSC 2537 April 1995Dismissed

The respondent, the original inamdar of a minor inam, sued his tenant (the appellant) for possession of the land. While the suit was pending, the Assistant Settlement Officer, under the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, granted a joint ryotwari patta: a ground‑rent patta for the bui

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

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

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

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

KHODAY DISTILLERIES LIMITED AND ANR.versusTHE REGISTRAR GENERAL SUPREME COURT OF INDIA

1995 INSC 8365 December 1995Dismissed

Khoday Distilleries Ltd. and others filed a writ petition under Article 32 of the Constitution seeking reconsideration of a Supreme Court judgment that had become final after the dismissal of appeals and review petitions. They contended that the civil appeals were decided on merits without a proper hearing, violating n

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

UNION OF INDIA AND ORSversusC.N. PONNAPPAN

1995 INSC 8445 December 1995Dismissed

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 for promotion in 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

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

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

M/S. LONGIA BIRL COMPANY THROUGH MD. ZIRAZUDDINversusUNION OF INDIA AND ORS.

1995 INSC 6812 November 1995Disposed off

M/s Longia Bir Company, through its MD, appealed to the Supreme Court against a Patna High Court order dismissing its writ petition concerning the computation of liability under the Provident Fund Miscellaneous Provisions Act, 1952. The appellant argued that it was not given an opportunity to be heard before the liabil

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

OXFORD ENGLISH SCHOOLversusTHE GOVERNMENT OF TAMIL NADU AND ORS. ETC.

1995 INSC 4342 August 1995Appeal(s) allowed

The Oxford English School challenged the acquisition of its land by the Government of Tamil Nadu. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 8 September 1982 and a declaration under Section 6 was issued on 19 December 1983 (published 15 February 1984). The school obtained a sta

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.

S. RAMESH AND ANR.versusSTATE OF KARNATAKA AND ANR.

1995 INSC 3862 July 1995Appeal(s) allowed

The Supreme Court examined the Karnataka Forest Department Services (Recruitment) Rules, 1987, specifically the proviso to the Note in Schedule to Rule 2, to determine when a Range Forest Officer becomes eligible to be sent for a Diploma Course in Forestry. Two Range Forest Officers, S. Ramesh and N. Shivaraju, had eac

M/S. RAJA RADIO CO., BOMBAYversusCOLLECTOR OF CUSTOMS, BOMBAY

1995 INSC 3232 May 1995Dismissed

Raja Radio Co imported Class‑E high‑temperature resisting material consisting of presspahn paper laminated with polyester film and paid customs duty under heading 39.01/06 of the Customs Tariff Act, 1975, together with counter‑vailing duty under tariff item 17(2). The company later claimed a refund, arguing that the go

RAGHUBAR DAYAL (DEAD)versusSTATE OF U.P. AND ORS.

1995 INSC 3302 May 1995Dismissed

The appellant, Raghubar Dayal (deceased), was granted parcels of land in 1956 under the Government Grants Act, 1895 for personal cultivation, subject to lease‑like covenants. In 1974 the prescribed authority, invoking the U.P. Imposition of Ceiling on Land Holdings Act, 1960, issued a notice determining surplus land an

DHANANJAY SHARMAversusSTATE OF HARYANA AND ORS.

1995 INSC 3342 May 1995Disposed off

The Supreme Court entertained a writ of habeas corpus filed by Dhananjay Sharma alleging illegal detention by Haryana police on 15‑1‑1994. The police officials (SSP Anil Davra, Addl SP Sham Lal Goel and SHO Rajinder Singh) denied the allegations and filed false affidavits, while also pressurising the taxi driver Sushi 

THE HINDUSTAN CONSTRUCTION CO. LTD.versusGOVERNOR OF ORISSA AND ORS.

1995 INSC 1572 March 1995Appeal(s) allowed

Hindustan Construction Co. Ltd. entered into a dam‑construction contract with the Government of Orissa. A dispute over escalation charges and other sums exceeding Rs 1 crore was referred to an Arbitration Tribunal, which directed the State to refer the matter to a Special Arbitration Tribunal under the proviso to sub‑s

G.D. ZALANI AND ANR. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 922 February 1995Dismissed

Hindustan Antibiotics Ltd (HAL) sought to upgrade its penicillin‑G production and evaluated proposals from several firms, ultimately selecting Max‑GB (a joint venture of Gist Brocades and Max India) for technology transfer. The appellants (Torrent Gujarat Biotech, SPIC and PBG) alleged that HAL’s Managing Director acte

HABIBULLA KHANversusSTATE OF ORISSA AND ANR.

1995 INSC 932 February 1995Dismissed

The appellants, who had served as Ministers in the Orissa government and later became Members of the Legislative Assembly (MLAs), were prosecuted for criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988. They contended that, being MLAs at the time of taking cognizance, they were public s

MS. SWATI GUPTAversusSTATE OF U.P. AND ORS.

1995 INSC 942 February 1995Disposed off

The petitioner, a candidate in the 1994 Combined Pre‑Medical Test in Uttar Pradesh, challenged a university circular that reserved 65% of seats in medical colleges for reserved categories, alleging violations of Articles 16, 14, 19 and 21 of the Constitution and the 50% ceiling set in Indira Sawhney. After the petition

BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.

1995 INSC 22 January 1995Dismissed

Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway Claims Tribunal dismi

MD. NOORUL HODAversusBIBI RAIFUNNISA AND ORS.

1995 INSC 8211 December 1995Dismissed

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 sale deed from Rafiqu

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

1995 INSC 8221 December 1995Dismissed

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; the appellant failed

DR. MAHESH CHAND SHARMAversusSMT. RAJ KUMARI SHARMA AND OTHERS

1995 INSC 8231 December 1995Case 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 until a 1955 settlem

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

1995 INSC 8241 December 1995Appeal(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 own laches and the ne

GULABRAO KESHAVARAO PATIL AND ORS.versusSTATE OF GUJARAT

1995 INSC 8251 December 1995Dismissed

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 Urban Development Dep

STATE OF TAMIL NADU AND ORS. ETC.versusL. KRLSHANAN AND ORS. ETC.

1995 INSC 6621 November 1995Disposed off

The Supreme Court examined three notifications issued under Section 4 of the Land Acquisition Act for acquiring land for the Tamil Nadu Housing Board. It held that a final and effective scheme under the Tamil Nadu Housing Board Act is not a pre‑condition for issuing such a notification, and that the public purpose stat

SHRI JAGDISH SINGHversusSTATE OF HARYANA AND ORS.

1995 INSC 6721 November 1995Dismissed

The case concerned Jagdish Singh's challenge to the compensation awarded for land acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed different rates for two blocks, which were later consolidated by the reference court and the Punjab & Haryana High Court to a uniform rate of Rs 10 per

HOUSING BOARD HARYANAversusHOUSING BOARD COLONY WELFARE ASSOCIATION AND ORS.

1995 INSC 5241 September 1995Appeal(s) allowed

The Housing Board of Haryana issued additional price demands to allottee families after a land price escalation, which the allottee association contested before the District Consumer Forum. The Forum quashed the Board's demand and the Board appealed to the State Commission, which dismissed the appeal as time‑barred und

U.P. SALES TAX ASSN.versusTAXATION BAR ASSOCIATION AND ORS.

1995 INSC 5251 September 1995Appeal(s) allowed

The Uttar Pradesh Sales Tax Association challenged a writ issued by the Allahabad High Court that restrained a Deputy Commissioner (Appeals) Sales Tax, Agra, from exercising his quasi‑judicial powers under Section 9 of the Uttar Pradesh Sales Tax Act, 1948, and ordered the transfer of his pending cases. The Bar Associa

RAM KISHANversusUNION OF INDIA AND ORS.

1995 INSC 5291 September 1995Appeal(s) allowed

Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), acting as disciplinary

B.D. JADHAVARversusK.D. BHAGWAN AND ORS.

1995 INSC 5311 September 1995Dismissed

The appellant was initially appointed as an ad‑hoc lecturer in a college that lacked sufficient students, and was transferred to another college where he was directed to report for duty. Instead of reporting, he demanded a regular appointment, which was refused, and he obtained a tribunal order directing his regular ap

GURDIAL SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 1521 March 1995Dismissed

A notification under Section 4 of the Land Acquisition Act, 1894 was issued to acquire 4.5 acres of land in Punjab. The Collector initially awarded Rs.13,816 per acre as compensation. The Additional District Judge enhanced it to Rs.2,50,000 per acre, but the Punjab and Haryana High Court reduced the award to Rs.30,000

SH. KISHANDAS KANHAIYALAL GANDHIversusSTATE OF MAHARASTRA AND ANR.

1995 INSC 1531 March 1995Dismissed

Sh. Kishandas Kanahiyalal Gandhi was declared to have a surplus of 45 acres 30 guntas of agricultural land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He argued that the tenant, Om Prakash, had crystallised tenancy rights over 47 acres 17 guntas, thereby removing the surplus, and alternati

MAHANT SHREO NATH CHELA BABA PURAN NATHversusSTATE OF HARYANA THROUGH COLLECTOR

1995 INSC 1541 March 1995Dismissed

The appellants' 27 acres of land were acquired under the Land Acquisition Act, 1894 and initially awarded Rs 5 per marla. Subsequent proceedings resulted in the High Court classifying the land into blocks A, B and C, and, relying on the precedent Mange Ram v. State of Haryana, fixing compensation at Rs 6.75 per square

UNION OF INDIAversusD. MOHAN AND ORS.

1995 INSC 911 February 1995Case Partly allowed

The Hyderabad Telecom District was merged with the Andhra Pradesh Telecom Circle in 1986, and a common seniority list was issued for all officials. The Chief General Manager rotated Junior Telecom Officers, transferring the respondents from Hyderabad to the Telangana District. The Central Administrative Tribunal set as

STATE OF M.P.versusMAHALAXMI FABRIC MILLS LTD. AND ORS.

1995 INSC 891 February 1995Disposed off

The Supreme Court examined petitions by the State of Madhya Pradesh and the Union of India challenging a 1991 notification that raised royalty rates on coal under Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioners argued that Section 9(3) was an unconstitutional delegation of

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