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Judgments of 1995

917 judgments · newest first · showing 201–400

VIDESH SANCHAR NIGAM LTD.versusM. V. KAPITAN KUD AND ORS.

1995 INSC 716Appeal(s) allowed

Videsh Sanchar Nigam Ltd. sued the foreign vessel M.V. Kapitan Kud for damage to an international submarine cable, alleging the ship’s anchor caused a break. The Bombay High Court arrested the vessel and later ordered its release on security, a decision appealed to the Supreme Court. The Court …

DEV KUMAR (DEAD) THROUGH LRS.versusSMT. SWARAN LATA AND ORS.

1995 INSC 717Appeal(s) allowed

The landlady, Smt. Swaran Lata, sought eviction of her tenant Dev Kumar under the East Punjab Urban Rent Restriction Act, 1949 alleging sub‑letting of the premises to three respondents. The Rent Controller, relying on a local commissioner’s report, concluded sub‑letting and ordered eviction. The …

STATE OF U.P.versusMIS RAM NATH INTERNATIONAL CONSTRUCTION PVT. LTD.

1995 INSC 718Appeal(s) allowed

The State of Uttar Pradesh entered into a construction contract with Ram Nath International for dam works, but design changes caused a substantial increase in the quantity of work. The contractor claimed a higher rate for the extra work, which the arbitrator accepted and awarded, also directing that …

BALWINDER SINGHversusSTATE OF PUNJAB

1995 INSC 704Appeal(s) allowed

Balwinder Singh was convicted by a Special Court under Sections 302 and 201 of the IPC for the murder of his daughter Rozy, based solely on circumstantial evidence comprising alleged "last seen together" testimony, an extra‑judicial confession, recovery of a dead body, and a disclosure statement …

UNION OF INDIA AND ORS.versusMUNSHA AND ORS.

1995 INSC 705Appeal(s) allowed

The Union of India acquired certain lands under the Requisitioning and Acquisition of Immovable Property Act, 1952 and awarded compensation of Rs. 375 per kanal in 1970. The respondents filed a writ petition in 1986 seeking appointment of an arbitrator; the High Court appointed one who reduced …

THE STATE OF MAHARASHTRA AND ANR.versusUMASHANKAR RAJABHAU AND ORS.

1995 INSC 708Appeal(s) allowed

The State of Maharashtra sought to acquire about five acres of land for staff quarters, publishing a notification under Section 4(1) of the Land Acquisition Act on 11 September 1970, a declaration under Section 6 on 29 July 1971 and making the award on 15 September 1971. Before the notification, …

MUNI LALversusTHE ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. AND ANR.

1995 INSC 709Dismissed

Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court …

JAGE RAM AND ORS. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 710Dismissed

The petitioners' lands were acquired by the Government of India for the establishment of a radar, a defence purpose, and they received the compensation due. They filed writ petitions under Article 32 seeking that the Delhi Development Authority allot them alternative sites for constructing houses, …

KALAMATA MOHAN RAOversusNARAYANA RAO DHARMANA AND ORS.

1995 INSC 711Dismissed

K.M. Rao, a Telugu Desam Party candidate, was elected to the Andhra Pradesh Legislative Assembly in 1989. An election petition alleged that he committed a corrupt practice under Section 123(3) of the Representation of the People Act by using posters that depicted party leader N.T. Rama Rao as the …

SMT. SUDHA SHRIVASTAVAversusTHE COMPTROLLER AND AUDITOR GENERAL OF INDIA

1995 INSC 696Appeal(s) allowed

S.S. Shrivastava, a member of the Indian Audit and Accounts Service, was convicted under the Prevention of Corruption Act, 1972, but died while his appeal was pending. The High Court set aside the conviction, and his wife, as his legal heir, claimed retrospective promotion and related monetary …

VINEET KUMAR MATHURversusUNION OF INDIA AND ORS.

1995 INSC 698Disposed off

The petitioner highlighted severe pollution of the Gomti River caused by several industries, including Mohan Meakins Breweries, and the Supreme Court ordered on 15 January 1993 that these units must rectify deficiencies in their effluent treatment plants by 21 March 1993 or cease operations. Mohan …

ABHJJIT TEA COMPANY PVT. LTD.versusTERAI TEA CO. (P) LTD. AND ORS.

1995 INSC 699Disposed off

The petitioner, Abhijit Tea Co. Pvt. Ltd., sought the refund of Rs.19,33,873.74 held in court deposit after a Calcutta High Court division bench ordered the High Court Registrar to return the sum. Although the Supreme Court, on 16 August 1994, directed the Registrar to effect the refund, the …

PURI MUNICIPAL COUNSEL AND ORS.versusINDIAN TOBACCO CO. LTD.

1995 INSC 700Dismissed

The Puri Municipal Council imposed octroi tax on marine fish and prawns found in the possession of non‑fishermen within the municipal limits without payment of the entry tax. Indian Tobacco Co. Ltd. challenged the levy, and the Orissa High Court dismissed the municipality's claim. On appeal, the …

DR. L.M. NATHversusDR. S.K. KACKER AND ORS.

1995 INSC 701Appeal(s) allowed

Dr. S.K. Kacker's five‑year term as Director of AIIMS expired on 14 October 1995. The Institute Body, having decided not to extend his tenure, initiated a selection process for a new Director, but the process was delayed by a writ petition. On 15 October 1995 the President of AIIMS appointed Prof. …

HARKISHAN DASS AND ORS.versusSTATE OF HARYANA AND ORS.

1995 INSC 702Disposed off

A cooperative society discovered that its cashier‑cum‑member had misappropriated large sums of money after his death. The society initiated arbitration under Sections 55 and 56 of the Punjab Co‑operative Societies Act, 1961, and an award was made against the deceased's heirs and legal …

DR. (MISS) ALETTA GRACE BELLversusDR. (MISS) S. TIRKEY AND ANR.

1995 INSC 703Appeal(s) allowed

Dr. (Miss) Alette Grace Bell, the Medical Superintendent of Duncan Hospital in Bihar, was served a notice by the Drug Controller requiring a licence to manufacture and distribute an IV solution for patients, invoking Section 18(c) of the Drugs and Cosmetics Act, 1940. The High Court held that the …

LAXMI CHAND & ORS.versusGRAM PANCHAYAT, KARARIA AND ORS.

1995 INSC 688Dismissed

The petitioners challenged the acquisition of their land by a Gram Panchayat for a school, arguing that the Land Acquisition Officer (LAO) had lost jurisdiction after initially dropping the proceedings due to the Panchayat’s lack of funds. The Supreme Court held that the LAO retained power to reopen …

NARESH J. SUKHAWANIversusUNION OF INDIA

1995 INSC 689Dismissed

The Customs officials seized foreign exchange worth Rs.13,27,212 being exported from India. During investigation, a co‑accused, Mr. Dudani, gave a statement to customs officers under Section 108 of the Customs Act, implicating both himself and the petitioner, Mr. Sukhawani, in the contravention. The …

STATE OF U.P. AND ORS.versusU.P. MADHYAMIK SHIKSHA PARISHAD SHRAMIK SANGH

1995 INSC 690Appeal(s) allowed

The U.P. Madhyamik Shiksha Parishad employed daily wage workers as class‑IV staff for manual tasks during examinations, paying them a daily rate fixed by the District Magistrate under the Minimum Wages Act. The workers filed a writ petition seeking regularisation and equal pay with regular class‑IV …

STATE OF HARYANA AND ORS.versusDEWAN SINGH AND ORS.

1995 INSC 691Appeal(s) allowed

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 22 January 1981 and the Collector made an award on 19 April 1984, dispensing with the enquiry required by Section 5‑A by invoking Section 17(4). The landowners filed a writ petition on 13 May 1985 …

MARKET COMMITTEE, HODALversusKRISHAN MURARI AND ORS.

1995 INSC 692Appeal(s) allowed

The Market Committee, Hodal appealed against a High Court order that had set aside a land acquisition award on the ground that the government’s dispensing with the enquiry required under Section 5A of the Land Acquisition Act, 1894 was invalid. The award had been made on 19 May 1984, possession …

S. PRABHA SINGH DHILLON ETC. ETC.versusHOSHIARPUR IMPROVEMENT TRUST AND ORS.

1995 INSC 693Disposed off

The petitioners, owners of land acquired under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, sought solatium, interest, and an additional amount after the award and supplementary award were made. The Supreme Court examined whether owners who remained in possession of the land were …

MOHD. QAISERversusL.K. SINHA AND ORS.

1995 INSC 694Disposed off

The petitioner, a former railway employee, filed a contempt petition against the General Manager of Northern Railway for failing to comply with a court order directing payment of Rs 50,000. The General Manager claimed he only learned of the order on 27 September 1995, issued a cheque on 29 …

AJIT SINGHversusUNION OF INDIA AND OTHERS

1995 INSC 685Appeal(s) allowed

The dispute concerned a marble mining lease in Rajasthan where an earlier lease granted to Babula Modi was deemed revoked for failure to execute the formal lease deed within three months. Respondent No.5 applied for the same area on 20 October 1982 and again on 19 January 1983, both of which were …

PRAMLLAversusRAMESHWAR AND ANR.

1995 INSC 686Disposed off

The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of …

JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusCHILDREN'S ACADEMY, JAIPUR AND ANR.

1995 INSC 687Appeal(s) allowed

The Jaipur Development Authority (JDA) offered 15,000 sq. yards of land to Children’s Academy at a reserved price of Rs 160 per sq. metre, requiring full payment of Rs 20,31,820.90. The Academy deposited only Rs 1 lakh, leading to cancellation of the offer. A fresh offer was later made under the …

UNION OF INDIA AND ANR.versusG.K. VAIDYANATHAN AND ORS.

1995 INSC 673Appeal(s) allowed

The dispute concerned seniority in the post of Chargeman Grade‑I in the Ministry of Defence, where recruitment was by promotion and direct recruitment under an 80:20 rotation rule. The first respondent (a promotee) was placed junior to direct recruits in the 1982 seniority list and sought its …

SRI MANOHARversusSTATE OF KARNATAKA AND ORS.

1995 INSC 674Disposed off

Sri Manohar appealed against the Karnataka Administrative Tribunal’s dismissal of his service law claim on the ground of laches. The Tribunal had accepted the employer’s explanation for the delay and dismissed the case without a counter‑affidavit from the respondents. The Supreme Court noted that …

PUNJAB STATE AND ANR.versusDARSHAN KUMAR

1995 INSC 675Appeal(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 …

MANDEEP KUMAR ETC.versusSTATE OF HARYANA AND ANR. ETC.

1995 INSC 676Appeal(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 …

STATE OF MANIPURversusSHRI NAMBAM DWIJEN SINGH AND ORS.

1995 INSC 677Disposed off

The State of Manipur appealed a Gauhati High Court order that had upheld the filling of vacant Executive Engineer posts in the Civil Circle of the Electricity Department without directing the government to fill all vacancies. The Supreme Court observed that before deciding the merits, the State …

STATE OF GUJARATversusNARGES K. PANTHAKY

1995 INSC 678Appeal(s) allowed

The State of Gujarat initiated proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 to determine the ceiling and surplus area of a parcel of land. The respondent claimed that an agreement dated 14 October 1969 had transferred 30 acres to his mother, a transfer that had been recorded …

INDER SINGH AND ORS.versusUNION OF INDIA AND ANR.

1995 INSC 679Dismissed

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 …

THE CANTONMENT BOARD. JABALPLIR AND ORS.versusSRI S.N. AWASTHI AND ORS.

1995 INSC 680Disposed off

The Jabalpur Cantonment Board had initially granted permission to S.N. Awasthi and others to construct a building, but later cancelled it. The respondents challenged the cancellation before the High Court, which set aside the cancellation on grounds of natural justice, lack of distinction between …

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

1995 INSC 681Disposed 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 …

BAPU MAHADU. MALI & ORS.versusVITHALRAO BHAUSAHEB DESHMUKH AND ANR.

1995 INSC 682Dismissed

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, …

THE SPECIAL LAND ACQUISITION OFFICERversusSIDDAPPA UJANAPPA MADAR

1995 INSC 683Appeal(s) allowed

The Special Land Acquisition Officer appealed against a compensation order awarded to Siddappa Ujanappa Iviadar, challenging the applicability of Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act. The Court observed that the questions raised had …

GAUHATI UNIVERSITYversusSHRI NIHARLAL BHATTACHARJEE

1995 INSC 684Appeal(s) allowed

The Gauhati University was served a summons on 28 May 1990 to appear on 29 May 1990 in a suit. The University sought an adjournment, the case was adjourned to 19 July 1990, but the new date was never communicated, leading to an ex parte decree. The University filed an application under Order IX Rule …

M/S VIJAY TRADERSversusM/S BAJAJ AUTO LTD.

1995 INSC 663Dismissed

Mysore Traders, a partnership firm, were appointed by Bajaj Auto Ltd as sole distributors of Vespa scooters and auto‑rickshaws in Ahmednagar. The firm claimed that the appointment created an agency coupled with interest, making the termination of the distributorship without reasonable notice …

ELECTION COMMISSION OF INDIAversusMOHD. ABDUL GHANI AND ORS.

1995 INSC 660Appeal(s) allowed

Sixteen villages that were originally part of Murshidabad district and fell within the Jangipur Parliamentary Constituency under the Delimitation Order, 1976, were later administratively transferred to the district of Maida due to a change in the course of the River Ganges. The residents filed a …

B.C. CHATURVEDIversusUNION OF INDIA AND ORS.

1995 INSC 661Appeal(s) allowed

The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the …

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

1995 INSC 662Disposed 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 …

PAPANNA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 665Dismissed

The appellants filed Civil Appeals Nos. 6258‑59 of 1983 challenging the validity of a notification issued under section 4(1) of the Land Acquisition Act. The decree sought to be challenged was common to all appellants and was indivisible. The court had earlier directed the senior‑advocate‑designated …

STATE OF MAHARASHTRAversusBABU GOVIND GAVATE ETC.

1995 INSC 666Dismissed

The State of Maharashtra acquired land for an electricity sub‑station under the Land Acquisition Act, 1894, awarding Rs 5,000 per acre but deducting one‑third of the amount as interest per a 1972 government circular. The landowner challenged this deduction, and while the appellate court upheld it, …

CENTRAL BANK OF !NOIAversusM/S. MADAN LAL AND BROTHERS AND ORS.

1995 INSC 667Disposed off

The Central Bank of India obtained a decree against M/s. Madan Lal and Brothers for a debt and directed execution against a hypothecated factory premises. The respondents contended that the property should be sold at its market value, with the proceeds applied to the decree, and that any shortfall …

SMT. INDUMATI CHITALEYversusGOVERNMENT OF INDIA AND ANR.

1995 INSC 668Appeal(s) allowed

The Central Government acquired 17.57 acres of land within Nagpur municipal limits for a grain godown under the Land Acquisition Act, 1894. The acquisition officer paid compensation based on a per‑square‑foot market value, while the reference court and the High Court used differing methods, leading …

SMT. JAYAMMA AND ANR.versusSMT. THIMMAMMA (DEAD) BY L.RS.

1995 INSC 669Appeal(s) allowed

The respondents, daughters of Doddahanumegowda, filed a suit seeking exclusive possession of his coparcenary property, asserting that as the sole surviving coparcener D could bequeath the entire estate to them. The appellants, daughters of D’s predeceased son Chikhanumegowda, claimed a right to a …

MARWARI PANCHAYAT, AMRITSAR ETC.versusSTATE OF PUNJAB AND ORS.

1995 INSC 670Dismissed

The appellant challenged the validity of land acquisition proceedings initiated by Khanna Improvement Trust under the Punjab Town Improvement Act, 1922. The High Court dismissed the writ petition on the ground that it was filed belatedly, having been filed in 1988 despite the notification of …

YADU NANDAN GARGversusSTATE OF RAJASTHAN AND ORS.

1995 INSC 671Dismissed

The appellant purchased land in 1970 and built a house after a preliminary notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 had been issued in 1963 for the planned development of Jaipur. The declaration under Section 6 was only published in 1991, and the appellant’s …

SHRI JAGDISH SINGHversusSTATE OF HARYANA AND ORS.

1995 INSC 672Dismissed

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 …

GOVERNMENT OF TAMIL NADU AND ORS.versusS. BALASUBRAMANIAM AND ORS.

1995 INSC 651Appeal(s) allowed

The case concerned the validity of an amendment to Rule 6 of the Tamil Nadu Revenue Subordinate Service Special Rules introduced by G.O. Ms. No. 660 (19 April 1988) which gave retrospective effect to the amendment made in 1977. The respondents, non‑reserved category assistants, challenged the …

M/S. RISHYASHRINGA JEWELLERY LTD. AND ANR.versusTHE STOCK EXCHANGE, BOMBAY AND ORS.

1995 INSC 652Dismissed

The appellant, Rishyashringa Jewellery Ltd., issued a prospectus stating that it had applied for listing its shares on the Coimbatore, Bombay and Madras Stock Exchanges. While Coimbatore granted permission within the ten‑week period prescribed under Section 73(1A) of the Companies Act, 1956, the …

M/S. LOK NATH AND COMPANY, THE MALL, SHIMLAversusCOMMISSIONER OF WEALTH TAX, PATJALA

1995 INSC 653Appeal(s) allowed

M/s Lok Nath and Company filed wealth‑tax returns late for the years 1959‑60 to 1967‑68. The Wealth‑Tax Officer, after issuing a notice under s.18(1)(a), accepted the assessee’s revised returns and made an assessment, incorrectly stating it was under s.16(3) though it was in substance under s.16(1). …

NATIONAL TEXTILE CORPORATION (SM) LTD.versusASSOCIATED BUILDING CO. LTD. AND ORS.

1995 INSC 650Dismissed

The Tata Mills Ltd occupied an undivided, undemarcated portion of Bombay House, owned by Associated Building Co., without a specific lease and had been using the space gratuitously after stopping payment of compensation. After the Textile Undertakings (Taking Over of Management) Act, 1983 vested …

GOPALAKRISHAN AND ORS.versusUNION OF INDIA

1995 INSC 654Dismissed

The appellants, who were Upper Division Clerks receiving a special pay of Rs 35 per month, were promoted to Head Clerks/Chief Clerks after a 1979 memo that barred the continuation of that special pay upon promotion. A Board of Arbitration later directed that the special pay be granted to promoted …

KASHI RAM NAMDEO ZAMBROversusSTATE OF MAHARASHTRA

1995 INSC 659Appeal(s) allowed

The appellant’s land was acquired under Section 4(1) of the Land Acquisition Act, 1894 and an award was made by the Collector under Section 11. After receiving the notice of award, the appellant objected and paid a deficit court fee. The Collector then referred the matter to the Civil Court under …

SMT. BELI RAM SINGH CHOWDHARY AND ORS.versusSTATE OF ASSAM

1995 INSC 657Disposed off

The appellants filed a suit claiming that certain lands in Chaibari Village were transferred to their predecessor as dowry and that they had continued possession, asserting that the lands were not vested in the State under the Assam Acquisition of Zamindaries Act, 1951. The trial court decreed in …

BHATTAD LEASING AND FINANCE CO. LTD.versusMR. NUSLI NEVILLE WADIA AND ORS.

1995 INSC 641Dismissed

Bhattad Leasing and Finance Co. Ltd. appealed to the Supreme Court against a contempt proceeding initiated by the Bombay High Court against Mr. N. Neville Wadia and others. The High Court had alleged that respondents 5, 6 and 7 violated a status‑quo order dated 30 May 1994, while respondents 1‑4 …

UNION OF INDIA AND ORS. ETC. ETC.versusM. BHASKARAN, ETC. ETC.

1995 INSC 642Appeal(s) allowed

The respondents obtained appointments in the Railway Service by presenting forged casual labourer service cards. When the fraud was discovered, the Railway authorities removed them and the respondents sought reinstatement before the Central Administrative Tribunal, which ordered their reinstatement …

HOUSING BOARD OF HARYANAversusHARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.

1995 INSC 643Dismissed

The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive …

THE STATE OF PUNJAB AND ANR.versusJAGIR SINGH ETC.

1995 INSC 644Appeal(s) allowed

The State of Punjab appealed against a High Court order that, while confirming the Collector's award of compensation for land acquisition, also granted additional statutory benefits under the Land Acquisition (Amendment) Act, 1984. The Supreme Court held that a court can award the extra amounts …

STATE OF KARNATAKAversusMALLINATH AND ORS.

1995 INSC 645Appeal(s) allowed

The State of Karnataka appealed against the award made by the Collector in a land acquisition proceeding involving Mallinath and others. The issue was whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by the Land Acquisition (Amendment) Act 68 of 1984, which provides for …

DEOKINANDAN AND ORS.versusSURAJPAL AND ORS.

1995 INSC 646Appeal(s) allowed

In a civil suit concerning 0.7 acres of land covered by the U.P. Zamindari Abolition and Land Reforms Act, 1951, the defendant objected that the suit was barred under Section 331 of the Act. The trial court and the appellate court rejected the objection, and the High Court dismissed the second …

PROPRIETOR, M/S. JABALPUR TRACTORSversusSEDMAL JAINARAIN AND ANR.

1995 INSC 647Appeal(s) allowed

The proprietor of Mis. Jabalpur Tractors claimed garage charges of Rs. 18,000 against Sedmal Jainarain and another. The same dispute was already pending before the District Court (C.S. No. 49‑B/1990). The State Consumer Forum held the claim could not be entertained as it was sub‑judice, but the …

COMMISSIONER, SALEM MUNICIPALITYversusT. KURALMANI AND ANR.

1995 INSC 648Appeal(s) allowed

The Commissioner of Salem Municipality appealed to the Supreme Court against an order of the Tamil Nadu Administrative Tribunal that had summarily disposed of the matter without hearing the rival contentions. The Supreme Court held that the Tribunal was not justified in such summary disposal, as the …

NANDKUMAR NARAYANRAO GHODMAREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 649Appeal(s) allowed

The appellant, a colour‑blind candidate, was selected by the Public Service Commission for the post of Agricultural Officer (Class II) but was not appointed because of his visual handicap. The appellant challenged the refusal before the Maharashtra Administrative Tribunal, which dismissed his claim, …

LILAWATI H. HIRANANDANIversusUSHA TANDON

1995 INSC 638Dismissed

The original applicant, a tenant of the building's owner, became a member of a co‑operative society that purchased the building and was allotted the flat. She granted a licence to the original respondent over part of the flat, later terminated it and filed an ejectment suit under s.41 of the …

STATE OF ASSAMversusP.C. MISHRA, L.A.S. AND ORS. ETC

1995 INSC 639Disposed off

The State of Assam filed appeals against a Central Administrative Tribunal (CAT) order that quashed two government orders of displeasure against Additional Chief Secretary P.C. Mishra and, in the same order, made adverse remarks against the then Chief Secretary H.N. Das. The controversy arose from …

ALLAHABAD BANKversusPREM NARAIN PANDE AND OTHERS

1995 INSC 635Appeal(s) allowed

The employee, a Junior Management Scale‑I officer of Allahabad Bank, was served with a charge‑sheet in 1983 and an enquiry was conducted by a Deputy General Manager (DGM). While the enquiry was pending, the employee was transferred and the Assistant General Manager (AGM) of another zone was …

UNION OF INDIA AND ORS.versusTARA CHAND SHARMA AND ORS.

1995 INSC 636Appeal(s) allowed

The respondents, originally recruited as Assistant Compilers/LDCs, were promoted to temporary computer posts created for the 1991 Census, with a fixed sanction period ending 31 December 1993. After the sanctioned period, a letter from the Registrar General dated 30 November 1993 confirmed the …

THE WEST BENGAL STATE COOPERATIVE BANK LTD. ORS.versusPARITOSH BEGCHI AND ORS.

1995 INSC 637Appeal(s) allowed

The respondent, an employee of West Bengal State Cooperative Bank, was served with a charge‑sheet, a departmental inquiry was held, and a second show‑cause notice along with the inquiry report was issued. He failed to submit an explanation and was dismissed. He challenged the dismissal in successive …

KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY

1995 INSC 633Appeal(s) allowed

Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central …

WORKMEN OF M/S ROHTAS INDUSTRIESversusROHTAS INDUSTRIES AND ORS.

1995 INSC 634Disposed off

Rohtas Industries, a large multi‑product manufacturer in Bihar, was ordered to be wound up in 1984, leaving about 10,000 workmen unemployed. The workmen filed a writ petition under Article 32 seeking revival of the undertaking, prompting the Supreme Court to direct the Union and State governments to …

MOHAN LALversusKARTAR SINGH AND ORS.

1995 INSC 631Appeal(s) allowed

Mohan Lal, the father of the respondents, sued Kartar Singh for possession of land, claiming ownership and that an eviction order under Section 43 of the Pepsu Tenancy and Agricultural Lands Act, 1955, was void. The lower courts held that the landlord‑tenant relationship had ended and the Collector …

NEW DELHI MUNTCIPAL COMMITTEEversusALLIED MOTORS PVT LTD. AND ORS.

1995 INSC 632Appeal(s) allowed

Allied Motors Pvt. Ltd. displayed eight neon sign boards showing the names of the commodities it sold. The New Delhi Municipal Committee (NDMC) demanded advertisement tax on these signs. The Delhi High Court Single Judge held the signs were advertisements and dismissed the petition, but the Letters …

SANJAY DUTTversusSTATE OF MAHARASHTRA

1995 INSC 625Appeal(s) allowed

The appellant, Sanjay Dutt, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959 for the Bombay bomb blast. His bail application was rejected by the Designated Court. Following the Supreme Court’s direction in Kartar Singh v. State of Punjab, …

DEVA RAM AND ANR.versusISHWAR CHAND AND ANR.

1995 INSC 627

The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court …

STATE OF U.P.versusRAMESH CHANDRA SHARMA AND ORS.

1995 INSC 628Case Partly allowed

Three advocates appointed as Additional District Government Counsel (Criminal) in Uttar Pradesh had their term renewed repeatedly until the State Government denied further renewal on 1 October 1992. The Allahabad High Court quashed the denial as an arbitrary action, holding that the reason …

B.N. AGARWALLAversusSTATE OF ORISSA

1995 INSC 629Dismissed

B.N. Agarwala obtained an arbitration award of Rs 95,003 on 26 March 1983, the same day the Arbitration (Orissa Amendment) Act, 1982 came into force. The State of Orissa challenged the award, arguing that Section 41‑A(7) of the amendment automatically transferred any pending arbitration in which no …

SHER SINGH AND OTHERSversusUNION OF INDIA AND ORS.

1995 INSC 626Dismissed

The appellants, qualified librarians of Delhi University, claimed that a parity in pay scales with teaching staff, granted from 1961 to 1973, should be restored retrospectively after the government discontinued it in 1973 and only reinstated it prospectively in 1980. They argued that the two …

UNION OF INDIA AND ORS.versusSH. IQBAL SINGH CHEEMA

1995 INSC 630Disposed off

Sh. Iqbal Singh Cheema, a Commandant (Selection Grade) in the Border Security Force, was convicted of corruption in a Court Martial under the Border Security Force Act, 1968. The Court Martial initially proposed forfeiture of seven years' service for promotion and pension benefits, but instead …

A. WATI AOversusTHE STATE OF MANIPUR

1995 INSC 621Dismissed

The appellant, a senior IAS officer, was convicted under IPC 120‑B read with Section 5(1)(d) of the Prevention of Corruption Act for conspiring to award a contract to a black‑listed firm at exorbitant rates. The trial court imposed a fine of Rs 10,000 and imprisonment till the rising of the court; …

BALDEV SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 622Disposed off

Baldev Singh and his father were convicted by a Special Court for murder (Sec. 302 r/w Sec. 34 IPC) and for possession of an unlicensed weapon. The Supreme Court examined the evidence, including the FIR, eyewitness statements and post‑mortem report, and found that the injuries inflicted were not …

CHINNAMMAversusGOPALAN AND ORS.

1995 INSC 620Appeal(s) allowed

The tenant, Chinnamma, occupied a residential premises under a lease from Gopalan and fell into rent arrears from June 1975. After a statutory notice, the landlord sought eviction under sections 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Controller ordered …

SRI ABANI KANT RAYversusSTATE OF ORISSA AND ORS.

1995 INSC 623Appeal(s) allowed

The Chairman of the Orissa Administrative Tribunal, A.K. Ray, appealed to the Supreme Court to have critical remarks made by a Division Bench of the Tribunal expunged. The Tribunal had quashed the transfer of D.N. Mishra, an Additional Secretary who also served as Additional Registrar of the Cuttack …

ADDL. COMMISSIONER OF INCOME TAX AND ANR.versusAL. N. RAO CHARITABLE TRUST

1995 INSC 624Dismissed

The A.L.N. Rao Charitable Trust claimed exemption for a surplus of Rs.85,262 under Section 11(1)(a) and Section 11(2) of the Income Tax Act, 1961. The Assessing Authority initially allowed the exemption on the basis that the Trust had invested 75% of the surplus in approved securities, but the …

RUPAN DEOL BAJAJ AND ANR.versusKANWAR PAL SINGH GILL AND ANR.

1995 INSC 616Disposed off

Mrs. Rupan Deol Bajaj, an IAS officer, complained that the Director General of Police, K.P.S. Gill, had assaulted her modesty at a dinner party by pulling her chair, standing too close, ordering her to move, and finally slapping her posterior in front of many guests. She lodged a FIR alleging …

O.S. SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER

1995 INSC 617Appeal(s) allowed

O.S. Singh, a State Police Service officer, was initially omitted from the select list for promotion to the Indian Police Service (IPS) due to adverse remarks. After expunging those remarks, his name was placed on the list in 1977 and he was retrospectively appointed to the IPS effective …

DAKAYA @ DAKAIAHversusANJANI

1995 INSC 619Appeal(s) allowed

The tenant defaulted on rent for September‑November 1988 and, after receiving a notice, paid Rs.375 on December 7 and sent a bank draft of Rs.1125 covering the entire arrears on December 12, which the landlord did not encash and later deposited before the Rent Controller. The landlord filed an …

COMMISSIONER OF INCOME TAXversusSMT. PELLETI SRIDERAMMA, NELLORE

1995 INSC 612Appeal(s) allowed

Smt. P. Srideramma gifted Rs 90,000 to her minor son in FY 1956‑57, which was immediately used to buy a house that she employed for her mica‑mining business. Eight years later the house was sold, yielding a capital gain of Rs 58,000. The Assessing Officer included the gain in Srideramma’s total …

SRI VARDARAJA PERUMAL TEMPLEversusK. RAMACHANDRA (DEAD) BY LRS. AND ORS.

1995 INSC 614Appeal(s) allowed

The V.P. Temple appealed against an order of the Special Appellate Tribunal that dismissed its earlier appeal as time‑barred under Section 30(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Royatwari) Act, 1963. The Act permits a maximum of six months to file an appeal, but the …

P. PERJASAMI (DEAD) BY LRS. ETC.versusP. PERLATHAMBL AND ORS. ETC.

1995 INSC 615Dismissed

The Supreme Court examined a partition suit between two branches of a Hindu family concerning self‑acquired agricultural lands left by a father (A) who died intestate without grandsons. The issue was whether the lands passed to his three sons as joint Hindu family property (joint tenancy) or as …

THE BLHAR STATE BOARD OF HOMEOPATHY MEDICINE, PATNAversusTHE STATE OF BIHAR AND ORS.

1995 INSC 608Appeal(s) allowed

The Bihar State Board of Homeopathy Medicine, constituted under the Bihar Development of Homeopathy System of Medicine Act, 1953, passed a resolution on 14 May 1988 abolishing eight Homeopathic Chikitsak posts, six of which were held by petitioners. The Patna High Court held that the Board was not …

UNION OF INDIA AND ORS. ETC.versusVIRPAL SINGH CHAUHAN ETC.

1995 INSC 609Dismissed

The Supreme Court examined the application of reservation in promotions for Scheduled Castes and Scheduled Tribes within the Indian Railway Guard and other railway cadres, focusing on whether accelerated promotion under a roster also confers accelerated seniority. General‑category candidates …

AIR INDIA AND ORS. ETC.versusB.R. AGE AND ORS ETC.

1995 INSC 610Appeal(s) allowed

The Central Government, invoking Section 34(1) of the Air Corporations Act, 1953, directed Air India to reserve posts for Scheduled Castes and Scheduled Tribes. B.R. Age and others challenged the validity of these directions, arguing that the power under Section 34(1) was limited to functions …

UNION OF INDIA AND ANR.versusM.C. DESAI AND ORS.

1995 INSC 611Case Partly allowed

The Supreme Court heard an appeal by the Union of India against a judgment of the Allahabad High Court that had awarded death‑cum‑retirement gratuity (DCRG) and ad‑hoc relief to High Court judges who retired before 1 October 1974. The High Court had extended the benefit to all such judges, including …

SH. HUKAM CHAND KHUNDIAversusCHANDIGARH ADMINISTRATION AND ANR.

1995 INSC 607Dismissed

Hukam Chand Khundia was appointed as a temporary clerk on probation in the District and Sessions Court, Chandigarh. His services were deemed unsatisfactory and his integrity questioned, leading to a termination order without any enquiry. He challenged the order before the Central Administrative …

UTTAR PRADESH AND ANR.versusINSPECTOR GENERAL OF REGISTRATION

1995 INSC 600Appeal(s) allowed

The appellant, Satyendra Nath Bajpai, served as a Registration Clerk on daily wages from 14 February 1985 to 31 March 1990 and was not regularised despite being placed at the top of the approved list, while clerks listed below him were regularised. He filed a writ petition (W.P. No. 849/95) in the …

ATUL KUMAR NIGAMversusSTATE OF U.P. AND ORS.

1995 INSC 601Appeal(s) allowed

The appellant, A.T. Kumar Nigam, was initially appointed as a Registration Clerk on a daily‑wage basis and later selected by a district selection committee for a regular post under the Subordinate Offices Ministerial Staff (District Recruitment) Rules. He joined the regular post on 25 February 1991 …

SANJAY GUPTA AND ORS.versusSTATE OF U.P. AND ORS.

1995 INSC 602Appeal(s) allowed

The appellants, Sanjay Gupta and others, were appointed as Registration Clerks in the Sub‑Registrar's office at Jhansi after being selected by a committee under the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985. The Inspector General later issued an order directing …

R.S. PANDEYversusSTATE OF U.P. AND ORS.

1995 INSC 603Appeal(s) allowed

The appellant, R.S. Pandey, was initially appointed as a Registration Clerk on daily wages and later appointed ad‑hoc as a Peon. After a recommendation for regularisation, his appointment as Peon was discontinued in February 1991. He filed a writ petition challenging the termination, which the …

KHAGESH KUMAR AND ORS.versusINSPECTOR GENERAL OF REGISTRATION AND ORS.

1995 INSC 604Disposed off

The petitioners were appointed as Registration Clerks on a daily‑wage basis for short periods under a Governor’s sanction that limited such appointments to three months per financial year. They claimed that their appointments were regular under the Uttar Pradesh Registration Manual and sought …

BONKY @ BHARAT SHIVAJI MANE AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 605Case Partly allowed

The appellants were convicted by a Designated Court for murder, attempt to murder, causing hurt and an offence under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) arising from an altercation at a video parlour that led to a fatal assault near a hotel. On appeal, the …

J.K JAIN AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

1995 INSC 599Dismissed

The Delhi Development Authority (DDA) invited tenders for steel bars and accepted a tender from J.K. Jain and others for 10,000 metric tonnes. The parties executed a formal agreement that incorporated the tender form and expressly stated that the terms and conditions of the tender form would be …

SAVITA DEYversusNAGESHWAR MAJUMDAR AND ANR.

1995 INSC 598Appeal(s) allowed

Savita Dey leased premises to the respondents under a registered deed dated 6 July 1964 for a term of 21 years at Rs.475 per month, later increased to Rs.501 per month in accordance with a clause linking rent to municipal tax increases. When the lease expired on 30 June 1985, Dey served a quit …

INDERJEET SINGH SIALversusM/S. KARAM CHAND THAPAR

1995 INSC 596Appeal(s) allowed

The appellants, heirs of Pishora Singh Sial, sued the assignees of a mining lease for unpaid sums labeled as "royalty" under a 1939 assignment deed. The respondents argued that "royalty" meant the State's share in mineral extraction and could not be claimed by a private party, contending the …

KASHIBAI W/O LACHIRAM AND ANR.versusPARWATIBAI W/O LACHIRAM AND ANR.

1995 INSC 597Appeal(s) allowed

The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram …

A.T.S. CHINNASWAMI CHETTIAR ETCversusSRI KARI VARADARAJA PERUMAL TEMPLE AND ANR.

1995 INSC 594Dismissed

The Sri Kari Varadaraja Perumal Temple held a devadayan religious inam of 19.58 acres, granted permanently and confirmed by a title deed in 1863. After the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 abolished minor inams, both the temple and the appellants applied for …

STATE OF ANDHRA PRADESHversusBODEM SUNDARA RAO

1995 INSC 595Appeal(s) allowed

The respondent, Bode​m Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. …

DR. RANBIR SINGHversusASHARFI LAL

1995 INSC 592Appeal(s) allowed

The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and …

DR. J.N. BANAVALIKARversusMUNICIPAL CORPORATION OF DELHI AND ANR.

1995 INSC 590Dismissed

Dr. J.N. Banavalikar, a Specialist Grade‑I in tuberculosis and chest diseases, was given the additional charge of Medical Superintendent of R.B.T.B. Hospital (a Delhi Municipal Corporation hospital) and served for about five and a half years. He was later removed from that post and Dr. Sudhakar …

STATE OF ORISSA AND ORS.versusGOPAL CHANDRA RATH AND ORS.

1995 INSC 585Appeal(s) allowed

All the respondents were appointed as junior teachers between 1961 and 1973 by a Selection Committee that was not constituted by the State Government, leading the Orissa Administrative Tribunal to quash their gradation list. The State Legislature subsequently enacted the Orissa Medical Education …

AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

1995 INSC 586Appeal(s) allowed

The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, …

UNION OF INDIA AND ORS.versusAJAIB SINGH AND ORS.

1995 INSC 587Case Allowed

The Union of India appealed against an arbitrator’s award that enhanced compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, and added solatium and interest. The competent authority had originally paid Rs 60 per Marla, which the respondents …

STATE OF ORISSA AND ORS.versusKALICHARAN MOHAPATRA AND ANR.

1995 INSC 588Appeal(s) allowed

K. Mohapatra, a retired IPS officer, faced a criminal prosecution under the Prevention of Corruption Act for possessing assets disproportionate to his known income. While the case was pending, the State of Orissa withheld his gratuity and refused to sanction his final pension, granting only a …

STATE OF MADHYA PRADESHversusMOHAN SINGH

1995 INSC 589Appeal(s) allowed

The State of Madhya Pradesh, under Section 432(1) of the Criminal Procedure Code, granted a special remission on Republic Day 1978 to female prisoners and those belonging to Scheduled Castes and Scheduled Tribes (SC/ST). Writ petitioners, including Mohan Singh, challenged the scheme, alleging …

ASHOK, KUMARversusTHE STATE (DELHI ADMINISTRATION)

1995 INSC 580Appeal(s) allowed

Ashok Kumar and Prem Kanwar, who were in a long‑standing extramarital relationship, plotted to murder Prem's husband Mahabir Singh so they could live together. They travelled to Delhi, booked adjacent rooms in Hotel Eagle, and Mahabir was later found dead in Prem's room, having been struck on the …

STATE BANK OF BIKANER AND JAIPURversusSH. PRABHU DAYAL GROVER

1995 INSC 581Appeal(s) allowed

The appellant State Bank of Bikaner and Jaipur removed its manager, P.D. Grover, for allegedly accepting a bribe and dismissed his appeal before the Executive Committee. Grover filed a civil suit challenging the departmental and appellate orders, claiming violations of Regulation 68(2)(iii) (failure …

M/S. GANGESHWAR LTD.versusSTATE OF U.P. AND ORS.

1995 INSC 582Dismissed

Gangeshwar Ltd., a sugar mill in Uttar Pradesh, purchased 31 bighas of agricultural land in 1971 before the amendment to the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After the amendment became effective in 1973, the mill sought exemption of the land from ceiling calculations by …

SMT. MUKUL RANI V ARSHNEI AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ANR.

1995 INSC 583Appeal(s) allowed

The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the …

WARIYAM SINGH AND ORS.versusSTATE OF U.P.

1995 INSC 584Dismissed

The appellants were convicted under Section 120B IPC and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 for a shooting incident that resulted in death. They challenged the conviction on several grounds, chiefly that the confessional statements were not sent to the …

THE DEPUTY COLLECTOR AND ANR.versusS. VENKATA RAMANAIAH AND ANR. ETC.

1995 INSC 578Dismissed

The Supreme Court examined whether the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959 and its amendments of 1963 and 1970 operate retrospectively to invalidate land transfers made before their commencement. The Court held that the Regulation, particularly Section 3(1)(a), is …

HINDUSTAN LEVER LTD.versusASHOK VISHNU KATE AND ORS.

1995 INSC 575Dismissed

The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary …

STATE OF MAHARASHTRA AND ANR.versusPOOJA BREW-CHEM INDUSTRIES P. LTD. AND ANR.

1995 INSC 576Appeal(s) allowed

Maharashtra State and others appealed a Bombay High Court order that directed the issuance of a D.S.V. licence and release of an alcohol quota to Pooja Brew‑Chem Industries Ltd. The company had applied for a licence under Rule 26 of the Bombay Denatured Spirit Rules, 1959, to manufacture certain …

STATE OF ANDHRA PRADESHversusKORUKONDA SURYANARAYANA CHOWDHARY

1995 INSC 577Appeal(s) allowed

The State of Andhra Pradesh sued Korukondasuryanarayana Chowdhary alleging that lands he had sold were to be counted towards his agricultural‑holding ceiling under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Chowdhary submitted an affidavit stating that the sale …

PLEASANT STAY HOTEL AND ANR.versusPALANI HILLS CONSERVATION COUNCIL AND ORS.

1995 INSC 570Disposed off

The Pleasant Stay Hotel obtained a two‑storey plan for a hotel at Kodaikanal, but after the Kodaikanal Township Committee rejected its revised plan for additional floors, the hotel proceeded to construct several extra floors in violation of the sanctioned plan and the Tamil Nadu District …

SAWAN RAM MALRAversusUNION OF INDIA AND ORS.

1995 INSC 571Appeal(s) allowed

The appellant, a Head Sorting Assistant in the Railway Mail Service, applied for the Departmental Competitive Examination for the 6% quota of Postal Superintendent/Postmasters Group B posts reserved for General Line Officials. Although his name appeared in the list of selected candidates, he was …

LARSEN AND TOUBRO LTD.versusMAHARASHTRA STATE ELECTRICITY BOARD AND ORS.

1995 INSC 572Appeal(s) allowed

Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all …

MADHUKAR BAKRU PINGALversusSHRI RAJENDRA D. GAIKWAD AND ORS.

1995 INSC 567Appeal(s) allowed

The appellant, Madhukar B. Pingal, was selected and appointed as Police Patil based on a selection scheme that allotted 50 % of the total marks to a written test and 50 % to a viva‑voce. An unsuccessful candidate (Respondent‑I) challenged the appointment before the Maharashtra Administrative …

DILAWAR SINGH (DEAD) THROUGH LRS.versusADDL. DISTRICT JUDGE, GHAZIABAD

1995 INSC 568Dismissed

The appellant, Dilawar Singh (deceased) through his legal representatives, filed a return under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, claiming that he had gifted several parcels of land to his grand‑nephew. The Prescribed Authority and the lower appellate court …

G. SRIDHARAMURTIversusHINDUSTAN PETROLEUM CORPORATION LTD. AND ANR.

1995 INSC 569Dismissed

The landlord leased premises to Esso Company in 1969. When Esso merged into Hindustan Petroleum Corporation Ltd (HPC) in 1974, the landlord filed an eviction suit under the Karnataka Rent Control Act, 1961 alleging sub‑letting. The lower courts dismissed the suit, holding that under the Esso …

DHAYANAND ETC. ETC.versusUNION OF INDIA AND ORS.

[1995] SUPP. 3 S.C.R. 533Appeal(s) allowed

The petitioners, former servicemen re‑employed in the Union Territory of Chandigarh after 1 Nov 1966, claimed that the Punjab Government National Emergency (Concession) Rules, 1965 should apply to them for increments, seniority, promotion and pension. The Union Territory argued that the 1965 Rules …

S.R. BHAGWAT AND ORS.versusSTATE OF MYSORE

1995 INSC 559Case Allowed

The petitioners, senior civil servants allotted to the State of Mysore, obtained deemed promotion dates and related financial benefits from a final High Court mandamus. The State subsequently enacted the Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973, whose …

DELHI CLOTH AND GENERAL MILLS CO. LTD.versusSTATE OF M.P. AND ORS.

1995 INSC 560Dismissed

The appellant, Delhi Cloth and General Mills Co. Ltd., was the manufacturer of vanaspati ghee that was found adulterated when sold by Laxmi Narain, who was prosecuted under Section 16 of the Prevention of Food Adulteration Act, 1954. During the trial, the magistrate, on the basis of evidence that …

STATE OF KERALAversusMALAYALAM PLANTATION LTD.

1995 INSC 561Dismissed

The State of Kerala acquired 8.83 hectares of land under Section 19 of the Kerala Land Acquisition Act, 1963, to extract granite for a dam project. A commissioner was appointed to assess the quantity of granite, the extent of land, and the compensation payable, reporting 7,12,500 cubic meters of …

SARDAR DILSHAR SINGHversusTHE LABOUR COMMISSIONER AND ANR.

1995 INSC 562Dismissed

The appellant, a partner in a firm, was subject to a Labour Court certificate directing the District Collector to recover Rs. 62,843.50 as arrears of land revenue under the Punjab Land Revenue Act, 1887. When a bailiff attempted to attach his movable property, the appellant promised to appear before …

SH. JANGLI AND ORS.versusSMT. BHAGWATI AND ORS.

1995 INSC 563Dismissed

The appellant, a tenant of Smt. Ajudhia, sought a declaration of title over a parcel of agricultural land that had been sold in execution of a money decree against her and later transferred to an auction‑purchaser, respondent No. 11. The appellant had earlier obtained a decree under the Punjab …

KONDOPANTversusARJUNA AND ORS.

1995 INSC 566Dismissed

In a review petition arising from a civil appeal, the Bombay High Court had earlier declared the respondent a surplus holder under the Land Ceiling Act and allowed him to file a review if he was later found to be within the ceiling limit. The review petition was filed, but it raised new grounds that …

SH. KISHAN DAS AND ORS.versusTHE STATE OF U.P. AND ORS.

1995 INSC 564Dismissed

The appellants' land was acquired in September 1976 and possession was taken on December 16, 1976. Due to litigation, the Land Acquisition Officer could not pass the award until March 22, 1983. The appellants claimed interest at 12% per annum for the delay. The Supreme Court held that under Section …

BHOOP SINGHversusRAM SINGH MAJOR AND ORS.

1995 INSC 553Dismissed

The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts …

STATE OF HIMACHAL PRADESH AND OTHERSversusGANESH WOOD PRODUCTS AND ORS. ETC.

1995 INSC 554Appeal(s) allowed

The Supreme Court examined the validity of the Himachal Pradesh government's refusal to approve several katha‑manufacturing units after the Industrial Projects Approval and Review Authority (IPARA) had given provisional approvals. The Court held that IPARA’s approvals were merely administrative …

KAMESHWAR PRASADversusSTATE OF BIHAR AND ORS.

1995 INSC 555Appeal(s) allowed

Kameshwar Prasad was appointed as a vaccinator under the Small Pox Eradication Scheme in 1975. The scheme was discontinued in 1985 and a resolution (No. 2215, 11‑Feb‑1985) directed that 25% of senior officers be retained and the remaining 75% be absorbed in equivalent regular posts. While awaiting …

K. ADIVI NAIDU AND ORS.versusE. DURUVASULU NAIDU AND ORS.

1995 INSC 556Appeal(s) allowed

In a partition suit concerning joint family property, the trial court issued a preliminary decree dividing the schedule properties into two equal shares, one to the plaintiff and one to the first defendant. The decree was confirmed by a single High Court judge but set aside by a division bench, …

SANTOSH JAYASWAL AND ANR.versusSTATE OF M.P. AND ORS.

1995 INSC 557Disposed off

The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The …

DR. KRUSHNA CHANDRA SAHU AND OTHERSversusSTATE OF ORISSA AND OTHERS

1995 INSC 546Disposed off

The appellants, who were Homeopathic Medical Officers, were appointed as junior teachers in a government homeopathy college under the Orissa Homeopathy Medical Teaching Service Rules, 1980. Their appointments were challenged on the grounds that the Selection Board had not consulted the Public …

J. VASUDEVANversusT.R. DHANANJAYA

1995 INSC 547Rejected

The Supreme Court sentenced a State Government officer, J. Vasudevan, to one month’s simple imprisonment for wilful disobedience of its order. The officer applied for remission of the sentence invoking the Court’s mercy jurisdiction, while a colleague had approached one of the judges to seek mercy …

STATE OF BIHAR AND ORS.versusTATA ENGINEERING AND LOCO.CO. LTD. AND ANR.

1995 INSC 548Disposed off

The State of Bihar appealed against Tata Engineering & Loco Co. Ltd. and another party concerning the grant of a mining lease that had already expired. The appeal arose after a related civil appeal (No. 3996/87) was withdrawn, raising the question of whether the High Court's earlier judgment should …

RAIMATI SAHUANIversusPANKA.JA SAHU (DEAD) BY LRS. AND ORS.

1995 INSC 549Appeal(s) allowed

Raimati Sahuani filed a suit for declaration of title and possession of her father’s 88‑acre property, alleging that the respondents were in possession without any right. The respondents defended the suit by claiming that the first respondent was the adopted son of the appellant’s father, Urddhaba, …

UNION OF INDIAversusAJOY KUMAR PATNAIK

1995 INSC 550Appeal(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 …

STATE OF M.P.versusSURESH GUPTA AND ANR.

1995 INSC 551Disposed off

The State of Madhya Pradesh appealed against Suresh Gupta and another, seeking direction on pending criminal matters. The High Court had earlier issued findings and observations in W.P. Nos. 671 & 596 of 1995. The appellant and respondent agreed that the lower courts should decide the pending and …

R. CHANDEVARAPPA ETC. ETC.versusSTATE OF KARNATAKA AND ORS. ETC. ETC.

1995 INSC 552Dismissed

The original grantee, Dasana Rangaiah, was allotted two acres of government land in 1951 under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. He sold the land to the appellant in 1968, but a 1987 representation led the Assistant Commissioner to …

MANGAT MAL (DEAD) AND ANOTHERversusSMT. PUNNI DEVI (DEAD) AND OTHERS

1995 INSC 542Appeal(s) allowed

In 1934 a widow, Sukh Devi, was awarded specific immovable property and a lump‑sum by arbitration as compensation for her pre‑existing right to maintenance from her father‑in‑law’s joint family. After the Hindu Succession Act, 1956 came into force, the widow sold the property in 1960, and the sale …

HINDUSTAN VEGETABLE OILS CORPORATION LTD.versusPROGRESSIVE INDUSTRIES AND OTHERS ETC.

1995 INSC 543Appeal(s) allowed

The Supreme Court considered appeals by Hindustan Vegetable Oils Corporation Ltd. (the appellant) against an Allahabad High Court order that compelled it to issue Declaration Forms (Form III‑Kha) to several dealers (the respondents) for tins purchased for vanaspati production. The dispute centered …

PALGHAT BPL AND PSP THOZHILALI UNIONversusBPL INDIA LTD. AND ANR.

1995 INSC 544Appeal(s) allowed

During a strike at BPL India Ltd., three workmen affiliated with the Palghat BPL and PSP Thozhilali Union assaulted company officers at a bus‑stop outside the factory, throwing stones and causing injuries. The employer dismissed the workmen under Clause 39(h) of its certified Standing Orders, …

J.G. PRASADA RAO ETC. ETC.versusTHE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC.

1995 INSC 545Appeal(s) allowed

The appellant, J.G. Prasada Rao, claimed seniority over several respondents in the Andhra Pradesh Divisional Accounts Officers Service based on having passed the Divisional test earlier. The State Government had absorbed Divisional Accountants, SAS Accountants and SAS passed Auditors from the …

SURJIT SINGH AND ORS ETC. ETC.versusHARBANS SINGH AND ORS ETC. ETC.

1995 INSC 539Appeal(s) allowed

The case involved a family settlement deed that prohibited alienation of the ancestral property during the lifetime of the patriarch, Janak Singh. After his death, a suit for partition was filed and the trial court passed a preliminary decree and subsequently an order restraining all parties from …

S.K. KAMDAR AND ANR.versusSTATE OF MAHARASHTRA

1995 INSC 540Dismissed

The appellants were charged with violations of the Foreign Exchange Regulation Act, 1947 and the Indian Penal Code section 120‑B. A complaint was filed under the corresponding provisions of the Foreign Exchange Regulation Act, 1973. The trial court dismissed the complaint, holding that the 1947 and …

MAJOR ASHOK KUMAR SINGHversusVITH ADDL. SESSIONS JUDGE, VARANASI AND ORS.

1995 INSC 541Dismissed

The appellant and respondent were married in 1981. The wife filed a petition under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance and a separate residence on the ground that the husband was impotent and neglected her. The magistrate awarded Rs. 500 per month, which was …

C. RAVICHANDRAN IYERversusJUSTICE A.M. BHATTACHARJEE

1995 INSC 537Disposed off

The petitioner, a practising advocate, filed a public‑interest writ under Article 32 seeking to restrain the Bar Council of Maharashtra and Goa, the Bombay Bar Association and the Advocates' Association of Western India from pressuring the Chief Justice of the Bombay High Court, Justice A.M. …

SHEELA BARSEversusUNION OF INDIA AND ORS.

1995 INSC 538Disposed 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 …

ASHOK KUMAR THAKURversusSTATE OF BIHAR AND OTHERS

1995 INSC 532Case Allowed

The petitioners challenged the criteria adopted by the States of Bihar and Uttar Pradesh for identifying the 'creamy layer' to be excluded from reservation benefits under Articles 14 and 16(4) of the Constitution. Both states had introduced multiple conditions – such as a minimum salary of Rs.10,000 …

P.M. HARI KUMARversusUNION OF INDIA AND ORS.

1995 INSC 534Case Allowed

The petitioner, P.M. Hari Kumar, was arrested in March 1990 for allegedly smuggling silver and was granted bail with conditions. The Kerala government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 …

DHARAMVIRversusSTATE OF U.P. AND ORS.

1995 INSC 535Disposed off

The appellant, Dharmavir, worked as a teacher at Adarsh Higher Secondary School from 3 September 1985 after a reserved post remained vacant and another teacher left. He claimed entitlement to salary for the period he performed duties, while the Management alleged that he had already received double …

BRIGHU NATH SAHAY SINGH AND ORS.versusMD. KHALILUR RAHMAN AND ORS.

1995 INSC 536Dismissed

The appellants, former land intermediaries, claimed ownership of a 4‑bigha agricultural plot in Begusarai, Bihar, and obtained a decree for possession in the trial court and first appellate court. The Patna High Court reversed, holding that under the Bihar Land Reforms Act, 1950, the land vested in …

HOUSING BOARD HARYANAversusHOUSING BOARD COLONY WELFARE ASSOCIATION AND ORS.

1995 INSC 524Appeal(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 …

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

1995 INSC 525Appeal(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 …

RAM KISHANversusUNION OF INDIA AND ORS.

1995 INSC 529Appeal(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), …

K. KANDASWAMYversusUNION OF INDIA AND ANR.

1995 INSC 530Dismissed

K. Kandaswamy, an IPS officer, was compulsorily retired by the Government of India under Rule 56(j) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, after a special report raised doubts about his integrity, including a suspicious request to purchase a coffee estate. He …

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

1995 INSC 531Dismissed

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 …

SANJAY KUMAR AND ANR.versusSTATE OF U.P. AND ORS.

1995 INSC 521Dismissed

The appellants purchased 75.51 acres of land belonging to Jagdish Chander in an auction sale ordered by a civil court in 1975 to satisfy money suits. The land was later declared surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, and the prescribed authority refused to …

AWADH BIHARI YADAV AND OTHERSversusTHE STATE OF BIHAR AND OTHERS

1995 INSC 522Dismissed

The Society (Budha Griha Nirman Sahyog Samiti Ltd.) sought acquisition of 32.48 acres of land under emergency provisions of the Land Acquisition Act, 1894. The State of Bihar, through the Patna Development Authority, took possession of the land but failed to complete the award within two years, …

DR. G.N. KHAJURIA AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

1995 INSC 523Appeal(s) allowed

The appellants, residents of Sarita Vihar, challenged the Delhi Development Authority’s (DDA) allotment of park land to a private institute for operating a nursery school. They argued that the land was reserved for a park under the Delhi Development Act, 1957 and the corresponding zoning rules, …

UNION OF INDIA AND ORS.versusBHAGWAN SINGH

1995 INSC 516Appeal(s) allowed

The father of the respondent, a senior clerk in the Railways, died on 12 September 1972 leaving a wife, two adult sons and the respondent who was then a minor. The respondent applied for a compassionate appointment after attaining majority, but his applications in 1987, 1990 and 1991 were rejected …

KRISHNA VEER SINGH BACHAN SINGH CHAUHANversusWASUDEO MOTIRAM KALMEGH AND ANR.

1995 INSC 517Disposed off

The petitioner, Krishna Veer Singh Chauhan, was appointed Secretary of the Vidharbha Rashtrabhasha Prachar Samiti in 1982 but the respondents forcibly took control of the trust's affairs and properties. The petitioner obtained orders from the Joint Charity Commissioner and the Supreme Court …

ABUBAKAR ABDUL INAMDAR (DEAD) BY LRS. AND ORS.versusHARUN ABDUL INAMDAR AND ORS.

1995 INSC 518Dismissed

The case concerned two properties of the deceased Syed Abdul Inamdar: agricultural lands that were Inams and a dwelling unit. The Inams, originally impartible and vested in the eldest son Abubakar by primogeniture, were re‑granted to him after the Bombay Merged Territories Miscellaneous Alienations …

STATE OF HIMACHAL PRADESHversusNIKKU RAM AND ORS.

1995 INSC 519Case Partly allowed

The deceased Roshani was married in 1985 and, five to six months later, her husband, mother‑in‑law and sister‑in‑law allegedly demanded additional dowry items such as a television, fan and buffalo. The mother‑in‑law allegedly inflicted a wound with a sickle; the deceased later ingested naphthalene …

STATE OF PUNJABversusPRITAM SINGH ETC. ETC.

1995 INSC 520Dismissed

The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & …