Created by Fuzzy Cloud

Judgments of 1995

917 judgments · newest first · showing 401–600

STATE OF U.P.versusM/S MODI DISTILLERY ETC. ETC.

1995 INSC 509Dismissed

The State of Uttar Pradesh sought to levy excise duty on various categories of wastage arising in the manufacture of Indian Made Foreign Liquor (IMFL): (A) wastage exported outside the State, (B) wastage during transport of high‑strength spirit, (C) loss due to obscuration in rum production, and (D) …

V.M. MATHEWversusV.S. SHARMA AND ORS.

1995 INSC 510Appeal(s) allowed

The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce …

STATE OF ORISSAversusDHOBEI SETHI AND ANR.

1995 INSC 511Appeal(s) allowed

The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) …

UNION OF INDIA AND ORS.versusN.V. PHANNENDRAN

1995 INSC 512Appeal(s) allowed

N.V. Phannendran, a travelling ticket examiner, was removed from service by the Divisional Railway Manager (DRM). He challenged the removal before the Central Administrative Tribunal (CAT), arguing that the DRM, not being the appointing authority, lacked competence to impose removal under the …

SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusSRI DYAVAPPA AND ORS.

1995 INSC 513Dismissed

The Special Land Acquisition Officer acquired 7.14 cents of land near Bangalore for an agricultural university. The Collector awarded Rs 12,000 per acre for 5.20 cents of agricultural land and Rs 1,000 per acre for 1.34 cents treated as phot‑kharab land. On reference under s.18, the Court relied on …

U.P. STATE SUGAR CORPORATION LTD.versusSTATE OF U.P. AND ORS.

1995 INSC 515Appeal(s) allowed

The appellant, U.P. State Sugar Corporation Ltd., sought exemption of 2.18 acres of a 2.40‑acre parcel slated for acquisition under the Land Acquisition Act, 1894, arguing that the land was needed for the convenient enjoyment of its General Manager's residence and staff quarters. The corporation …

STATE OF U.P.versusRAVINDER NATHCHATURVEDI AND ANR.

1995 INSC 503Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's order that set aside a disciplinary penalty imposed on Ravinder Nath Chaturvedi and another respondent. The High Court had held that the respondents were not given a reasonable opportunity to be heard during the inquiry and that …

UNION OF INDIAversusRANGJLA RAM (DEAD) BY LRS.

1995 INSC 504Appeal(s) allowed

The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of …

STATE OF U.P.versusRATAN LAL ETC.

1995 INSC 505Disposed off

The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of …

JAWALA RAM AND ANR.versusSTATE OF H.P.

1995 INSC 506Appeal(s) allowed

The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, …

CHANDRASHEKHAR GAJANAN BHOGAONKARversusYESHWANT DHONDI POTDAR AND ORS

1995 INSC 507Dismissed

The appellant, Chandrashekhar Gatanan Bhogaonkar, filed a civil appeal challenging the findings of lower courts regarding his possession of a disputed parcel of land and the grant of an ad interim injunction. The trial court held that the appellant was in possession and that granting an injunction …

STATE OF PUNJABversusDEV DUTT KAUSHAL ETC.

1995 INSC 508Appeal(s) allowed

The respondent, a lecturer, was employed by a private college that was taken over by the Punjab Government in 1983 under a gift deed. The deed stipulated that staff absorbed by the Government would be treated as "new entrants" and that the Government would not assume any liability for service …

T.R. DHANANJAYAversusVASUDEVAN

1995 INSC 497Case Allowed

The petitioner, T.R. Dhananjaya, was entitled by a Supreme Court direction to be promoted to Engineer‑in‑Chief and to receive consequential benefits, with the Bangalore City Corporation instructed to create a supernumerary post for him. The Karnataka Government, however, issued an order promoting …

STATE OF HIMACHAL PRADESH AND ORS.versusSHRI DHARAM DAS

1995 INSC 498Appeal(s) allowed

The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to …

V.M. SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 499Appeal(s) allowed

The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a …

MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.

1995 INSC 500Appeal(s) allowed

The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 …

STATE OF GUJARAT ETC. ETC.versusDAYA SHAMJI BHAI ETC. ETC.

1995 INSC 501Appeal(s) allowed

The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference …

BHARWAD JAKSHIBHAI NAGJIBHAI AND ORS. ETC.versusTHE STATE OF GUJARAT ETC.

1995 INSC 488Dismissed

In June 1981 a mob of 40‑50 Bharwad community members armed with sticks and dharias attacked three Patel individuals, killing one and injuring two. The trial court acquitted all fifteen accused, treating each assault as unrelated and discounting eye‑witness testimony. On appeal, the Gujarat High …

KAILVELIKKAL AMBUNHI (DEAD) BY LRS. AND ORS.versusH. GANESH BHANDARY

1995 INSC 489Dismissed

The petition challenged the Kerala High Court's interpretation of a will that contained an earlier clause granting an absolute estate to Kannan and a later clause (Schedule A) stating the same properties were to be possessed as "Tavazhi". The Supreme Court examined whether the later clause, which …

VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.

1995 INSC 490Dismissed

The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their …

STATE OF HARYANA AND ANR.versusD.L. UPPAL AND ORS.

1995 INSC 491Disposed off

The respondents were Physical Training Instructors employed by the Central Government who were later absorbed into the Haryana State Service as P.E.T.s/D.P.Es effective July 1, 1976. Their appointment order stipulated that from the date of absorption they would receive all allowances admissible to …

KULDIP CHANDversusUNION OF INDIA AND ORS.

1995 INSC 492Dismissed

Respondent-4 (Ashok Kumar) claimed promotion to accountant, asserting seniority as a clerk since November 29, 1976, after the octroi moharrar and clerk posts were merged. The appellant (Kuldip Chand) argued that his fortuitous posting as a store‑keeper, though at a higher pay scale, gave him …

ST ATE OF BIHAR AND ORS. ETC. ETC.versusB.S. MATHUR AND ORS. ETC. ETC.

1995 INSC 493Appeal(s) allowed

The respondents were government servants who were deputed to the Rajendra Agricultural University, resigned from government service and were subsequently absorbed as university employees. Upon their retirement, the State of Bihar denied liability for any pension, relying on section 39(20) of the …

JETHI DEVIversusBHAKRA BEAS MANAGEMENT BOARD AND ANR.

1995 INSC 494Appeal(s) allowed

The appellant, a widow of a deceased government employee, was appointed to a Class IV post on compassionate grounds under a rehabilitation scheme. Her services were later terminated on the ground that she had allegedly married her late husband's brother and concealed this marriage and the birth of a …

D.D.A.versusBHAVANA COOP. GROUP HOUSING SOCIETY LTD.

1995 INSC 495Appeal(s) allowed

The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its …

ANIL SARANversusTHE STATE OF BIHAR AND ANR.

1995 INSC 496Dismissed

The appellant, a partner in a film‑exhibition partnership, was alleged to have colluded with another firm to misappropriate film prints and proceeds, leading the second respondent to file a complaint before the Chief Judicial Magistrate, Patna. The Chief Judicial Magistrate examined the complainant …

ARVIND INDUSTRIES AND ORS.versusTHE STATE OF GUJARAT AND ORS.

1995 INSC 487Dismissed

The appellants, manufacturers of edible oil, set up solvent extraction plants in Gujarat and claimed a five‑year sales‑tax exemption under a Notification dated 11 November 1970, relying on that Notification, a press note and statements by the Chief Minister and Finance Minister. The State later …

NAMDEOversusCOLLECTOR, EAST NEEMAR, KHANDWA AND ORS.

1995 INSC 486Dismissed

The appellant Namdeo purchased land from the son of a moneylender who had obtained a loan from the original owner, Rama Krishna, by oral mortgage in 1964. The Sub‑Divisional Officer held that the transaction was a prohibited loan, not a genuine sale, because the original owner remained in …

STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.

1995 INSC 485Dismissed

The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under …

H. KASHINATH AND ORS.versusSTATE OF KARNATAKA AND ORS.

1995 INSC 481Appeal(s) allowed

The Supreme Court examined a lease granted by the Corporation of the City of Bangalore to the Karnataka Chalana Chitra Kalavidara Sangha, a society of film artists, for constructing a theatre and training school on land earmarked in the Comprehensive Development Plan for a public or semi‑public …

THE PRINCIPAL, CAMBRIDGE SCHOOL AND ANR.versusMS. PAYAL GUPTA AND ORS.

1995 INSC 480Dismissed

Cambridge School, an unaided recognised school, issued circulars requiring a 50% cut‑off in class X marks for admission to class XI, treating the move to class XI as a fresh admission. Several students, including Ms. Payal Gupta who scored 44.6%, challenged the circulars, and the Deputy Education …

M.R. GUPTAversusUNION OF INDIA AND ORS.

1995 INSC 482Appeal(s) allowed

The appellant, M.R. Gupta, a railway employee, claimed that his initial pay fixation in 1978 was incorrect because an increment due on 1 August 1978 under Rule 2018 (Fundamental Rule 22‑C) had not been incorporated. After his representation was rejected before the Administrative Tribunals Act, 1985, …

THE STATE OF PUNJABversusTEJINDER SINGH AND ANR.

1995 INSC 483Dismissed

The State of Punjab charged Tejinder Singh (A‑1) and Darshan Singh (A‑2) with murder of Jasbir Singh after a boundary dispute, alleging that both approached the victim with gandasas and assaulted him, leading to his death. The Special Court convicted A‑1 under s.302 IPC and acquitted A‑2, prompting …

GURDIAL SINGHversusSTATE OF PUNJAB

1995 INSC 484Disposed off

Gurdial Singh, along with two others, was charged with murder under Section 302 IPC read with Section 34 and under Section 25 of the Arms Act. The prosecution alleged that the three accused fired at the victim, Ram Pal, causing his instantaneous death, and forensic evidence linked the appellant's …

M/S KUMAR DISTRIBUTORS (P) LTD./BELTEK INDIAversusSTATE OF BIHAR AND ORS.

1995 INSC 470Dismissed

The appellants, dealers and manufacturers of electronic goods in Bihar, relied on two notifications issued under Section 7(3) of the Bihar Finance Act, 1981 which exempted sales tax and purchase tax on electronic raw materials and finished electronic goods. For the assessment year 1989‑90 they …

CHIEF GENERAL MANAGER, TELECOM AND ORS.versusV.N. ENTERPRISES

1995 INSC 471Disposed off

V.N. Enterprises supplied goods to the Chief General Manager, Telecom and others, raising bills of Rs 66,09,669.36, of which only part was paid. The appellants, a statutory authority, claimed a loss of Rs 43,16,400 due to high quotations and therefore withheld that amount. The Orissa High Court …

BHAGWANT RAI AND ORS.versusSTATE OF PUNJAB AND ORS

1995 INSC 472Appeal(s) allowed

The appellants owned a house in Sangrur that was assessed for the 1987‑88 year at a rateable value of Rs 1,50,472.50, calculated on the basis of the actual rent of Rs 12,687 per month received from the State Bank of India, after deductions under s.3(1)(b) of the Punjab Municipal Act, 1911. The …

KHAGENDRA LALL DUTTA AND ANR.versusJACOB SOLE JACOB

1995 INSC 473Appeal(s) allowed

The appellant, the owner of a ground‑floor flat, had let the premises to Mr. Stayner in 1940. After Mr. Stayner's death, his wife succeeded to the tenancy and died on 9 July 1981. The appellant filed a suit for ejectment against the respondent, who was occupying the flat after the wife's death, …

THE TALUK LAND BOARD, KAZHIKODE AND ORS.versusDR. BABUCOMMEN THOMAS

1995 INSC 475Appeal(s) allowed

The respondent bought a cashew‑nut estate on 16 April 1969. Section 84(1) of the Kerala Land Reforms Act, 1963 declares all voluntary transfers made after the Bill’s publication on 1 April 1964, except for certain exemptions, to be void. The Kerala High Court held that the sale was saved by clause …

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 476Disposed off

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their …

SUPERINTENDENT OF POLICE(C.B.I)versusDEEPAK CHOWDHARY AND ORS.

1995 INSC 477Appeal(s) allowed

A complaint was lodged that the United Bank of India, where the respondent was branch manager, had been defrauded of Rs. 45,000 in collusion with some officers. The Superintendent of Police (C.B.I.) investigated and obtained sanction under s.6(1)(c) of the Prevention of Corruption Act, 1947 to file …

STATE OF U.P. AND ORS.versusRAM KHELAWAN AND ORS.

1995 INSC 478Appeal(s) allowed

The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court …

COMMISSIONER OF INCOME TAX, MADRAS AND ANR.versusMIS DALMIA CEMENT

1995 INSC 462Appeal(s) allowed

Mis Dalmia Cement, a public limited company, filed loss returns for assessment years 1952‑53 to 1954‑55 after the prescribed time. The Income Tax Officer refused to take cognizance of those returns, stating that no assessment could be made. For later years (1955‑56 to 1959‑60) losses were assessed, …

STATE OF MAHARASHTRAversusMANUBHAI PRAGAJI VASHI AND ORS.

1995 INSC 463Dismissed

The Supreme Court upheld a Bombay High Court order directing the State of Maharashtra to extend its grant‑in‑aid and pension‑cum‑gratuity schemes to all recognised private law colleges. The Court held that the State’s refusal to provide these benefits to private law colleges, while extending them to …

STATE OF KERALA ETC.versusT.R. UDAY SANKARAN AND ORS. ETC.

1995 INSC 464Appeal(s) allowed

The State of Kerala acquired land under the Kerala Land Acquisition Act, 1961, issuing a notification on 22 June 1976 and an award in 1977. The Additional Subordinate Judge enhanced the compensation on 24 June 1980. The claimants sought the benefit of the 1984 amendment to the Central Land …

SPECIAL LAND ACQUISITION OFFICERversusSHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.

1995 INSC 465Appeal(s) allowed

The Supreme Court heard appeals filed by the State Government against a Karnataka High Court judgment concerning awards made by a Land Acquisition Officer on 12 October 1978 and a Reference Court on 31 March 1980. The issue was whether the claimants were entitled to the enhanced compensation …

MOOL CHAND AND ORSversusDY. DIRECTOR, CONSOLIDATION AND ORS

1995 INSC 466

The Supreme Court considered two civil appeals arising from partition suits that were pending when a village was notified for consolidation under the Uttar Pradesh Consolidation of Holdings Act, 1967. The appellants argued that the notification and the resulting abatement under Section 5(2) of the …

SPECIAL LAND ACQUISITION OFFICERversusN.S. TAKKALAKI AND ORS.

1995 INSC 467Appeal(s) allowed

The State Government appealed a Karnataka High Court decision concerning lands acquired under a notification issued on 23 January 1980 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer had made an award on 28 March 1980, and the claimants later sought an additional …

SPECIAL LAND ACQUISITION OFFICERversusPUTTAIAH AND ORS.

1995 INSC 468Appeal(s) allowed

The Special Land Acquisition Officer (the State) awarded compensation under Section 11 of the Land Acquisition Act, 1894, but a dispute arose over its apportionment. The Collector referred the matter to a civil court under Section 30, depositing the compensation amount in that court as required by …

TRUSTEES OF THE PORT OF MADRASversusENGINEERING CONSTRUCTIONS CORPORATION LIMITED

1995 INSC 456Appeal(s) allowed

The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the …

KAILASH POTLIAversusTHE STATE OF ANDHRA PRADESH

1995 INSC 457Appeal(s) allowed

Kailash Potlia was convicted of murder (section 302 IPC) and robbery (section 380 IPC) on the basis of circumstantial evidence, including a hotel clerk’s sighting, a finger injury, an alleged extra‑judicial confession to PW‑13, and a recovery statement by PW‑22. On appeal, the Supreme Court examined …

SHARADCHANDRA GANESH MULEYversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 458Dismissed

Sharadchandra Ganesh Muley, a landowner, challenged a notification under section 4(1) of the Land Acquisition Act, 1894. After the Bombay High Court dismissed his first writ petition in 1992, the Land Acquisition Officer made an award on March 30, 1994. Muley appealed, contending that the award was …

JAYASHREEversusM. SRINIVASA MURTHY

1995 INSC 459Disposed off

In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another …

STATE OF PUNJAB AND ORS. ETC.versusRAMAN RAI AND ORS. ETC.

1995 INSC 460Dismissed

The State of Punjab acquired 58 acres of land in 1979 and the Land Acquisition Officer fixed compensation at Rs 50,000 per acre for Block A and Rs 36,000 per acre for Block B. The Civil Court and subsequently the High Court enhanced the compensation to Rs 1,00,000 and Rs 60,000, and then to Rs …

UNION OF INDIAversusS.B. MISRA

1995 INSC 461Appeal(s) allowed

The respondent, a lecturer in the College of Military Engineering, was compulsorily retired following a departmental inquiry and challenged the order on the ground that he was not supplied with a copy of the inquiry report. The Central Administrative Tribunal set aside the retirement order and …

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND OTHERS ETC.

1995 INSC 450Disposed off

The Supreme Court was approached to resolve disputes arising from the Karnataka amendment that restricted admissions to private professional colleges to Karnataka students only, and to address grievances about the fee gap between free and payment seats, the NRI quota, and the applicability of the …

KARNEL SINGHversusTHE STATE OF M.P.

1995 INSC 452Dismissed

The Supreme Court examined the appeal of Karnel Singh, convicted under Section 376 IPC for raping a female labourer, Panchbai, at a factory on 28 August 1987. The prosecution presented the victim's testimony, medical evidence of semen stains on her petticoat and in her vagina, and noted the absence …

ANIRUDHSINHJI KARANSINHJI JADEJA AND ANR.versusTHE STATE OF GUJARAT

1995 INSC 451Appeal(s) allowed

The murder of Jayantilal Vadodaria led to the arrest of four assailants and two villagers, Anirudhsinh Jadeja (Sarpanch) and Digubha Jadeja, who had concealed the murder weapons on the latter's field. The State invoked the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) against the …

STATE OF KARNATAKA AND ORS.versusNARASIMHA MURTHY AND ORS.

1995 INSC 453Appeal(s) allowed

The State of Karnataka, under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, issued a notification under Section 3(1) announcing its intention to acquire land for house sites for the weaker sections. The land’s recorded owner was served notice, but the notification did not …

R. RAMASWAMYversusGOVERNMENT OF TAMIL NADU AND ORS.

1995 INSC 454Appeal(s) allowed

R. Ramaswamy was appointed temporarily as Project Officer in 1979 and later regularised as a permanent Project Officer, a post deemed equivalent in status and pay to Assistant Director. When he was temporarily promoted to Assistant Director and sought promotion to Deputy Director, the question arose …

R.V. BHUPAL PRASADversusSTATE OF ANDHRA PRADESH AND ORS.

1995 INSC 455Dismissed

The appellant, R.V. Bhupal Prasad, held a cinema theatre under a 20‑year lease that expired in 1983. He applied for renewal of his cinema licence under the Andhra Pradesh Cinemas (Regulations) Rules, 1970, but the landlady (Respondent No.3) objected, claiming his possession was not lawful. The …

VASANTHAN FOUNDRYversusUNION OF INDIA AND ORS.

1995 INSC 447Appeal(s) allowed

Vasanthan Foundry, a manufacturer of rough cast iron castings, challenged a Tamil Nadu Government circular dated 14 September 1993 that re‑characterised such castings as distinct from "cast iron" and thus not "declared goods" under the Tamil Nadu General Sales Tax Act, 1959, leading to higher tax …

THE STATE OF PUNJABversusSURJA RAM

1995 INSC 448Appeal(s) allowed

The State of Punjab prosecuted Surja Ram and his son Mohan Lal for the murders of Tulsa Ram and his son Brij Lal, arising from a family partition dispute over crop shares. The trial court convicted the two accused of the murder of Tulsa Ram under s.302 read with s.34 IPC, relying on the eye‑witness …

UNION OF INDIA AND ORS.versusR.K.L.D. AZAD

1995 INSC 449Appeal(s) allowed

The respondent, a Junior Commissioned Officer in the Indian Army, was arrested in August 1990 and tried for an offence under Section 64(e) of the Army Act. Although he retired on superannuation on 31 August 1990, the Army extended his subjection to the Act until the trial concluded. He was …

NOTIFIED AREA COMMITTEE AND ANR.versusDES RAJ AND ORS.

1995 INSC 445Appeal(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 …

PAINDER SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.

1995 INSC 446Dismissed

The petitioners sought a further increase in compensation for land acquired under a 1964 notification of the Land Acquisition Act, 1894, arguing that higher awards in adjacent villages and a later award of Rs. 68,000 per bigha should apply. The Supreme Court examined whether a circular issued under …

CHANDIGARH HOUSING BOARDversusAVTAR SINGH AND ANR.

1995 INSC 443Appeal(s) allowed

The Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, under Regulation 6, permit only one member among a husband, wife, unmarried children or other family members to receive an allotment of a house or flat. Both Avtar Singh and his wife separately applied for …

PRIYA VART AND ANR.versusUNION OF INDIA

1995 INSC 444Dismissed

The petitioners, Priya Vart and others, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that it should be increased from Rs.10,000 to Rs.14,000 per bigha. The High Court had enhanced the award to Rs.10,000, noting the interior location of the …

M/S. GUJARAT BOTTLING COMPANY LTD. AND ORS.versusTHE COCA COLA CO. AND ORS.

1995 INSC 441Dismissed

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 …

TATA PRESS LTD.versusMAHANAGAR TELEPHONE NIGAM LTD. AND ORS.

1995 INSC 435Appeal(s) allowed

Mahanagar Telephone Nigam Ltd. (the Nigam) and the Union of India claimed exclusive rights to publish the list of telephone subscribers under Rule 458 of the Indian Telegraph Rules, 1951, and sought to restrain Tata Press Ltd. from publishing its "Tata Press Yellow Pages" – a buyers' guide …

STATE OF ANDHRA PRADESHversusVALLURI VANRAJU

1995 INSC 436Appeal(s) allowed

The respondent, Vallurivan Raju, filed a declaration under Section 8(1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Officer held that his holding exceeded the statutory ceiling of 1.3590 acres. The High Court, on revision, allowed the exclusion …

HARBANS SINGHversusSTATE OF PUNJAB AND ORS.

1995 INSC 438Appeal(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 …

P.S. GHALAUTversusSTATE OF HARYANA AND ORS.

1995 INSC 439Dismissed

The appellant, a general‑category candidate, and Dr. Nitya Anand, a backward‑class candidate, were appointed as lecturers under the Haryana Medical Education Service Rules, 1965. The appellant argued that the order of merit prepared by the Selection Committee, which placed him higher than Dr. Anand, …

SRI KAPTAN SINGH (DECEASED) THROUGH LRS.versusRAJINDER SINGH AND ANR.

1995 INSC 440Dismissed

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 …

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

1995 INSC 434Appeal(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 …

U.P. PUBLIC SERVICE COMMISSION, ALLAHABADversusVINOD KUMAR SRIVASTAVA AND ORS.

1995 INSC 431Disposed off

The Uttar Pradesh Public Service Commission selected candidates for the post of Assistant Labour Commissioners and sent the list to the Government for approval, subject to the outcome of a writ petition filed by a candidate who later retired. The appeal concerned the promotion claims of other …

SUSHILA SAW MILLversusSTATE OF ORISSA AND ORS.

1995 INSC 432Dismissed

The petitioner, Sushila Saw Mill, operated a saw mill in Keonjhar district of Orissa, which lay within a "prohibited area" defined as a reserved forest or within 10 km of its boundary. Under the Orissa Saw Mills & Saw Pits (Control) Act, 1991, Section 4(1) imposes a total embargo on establishing or …

COMMISSIONER OF SALES TAX, ORISSA AND ANR.versusJAGANNATH COTTON COMPANY AND ANR.

1995 INSC 427Appeal(s) allowed

The Commissioner of Sales Tax, Orissa appealed against the Orissa High Court's order granting Jagannath Cotton Company exemption from sales tax under the State's Industrial Policy Resolutions of 1986 and 1989. The company argued that its process of extracting cotton from waste cotton constituted …

ANIL KUMAR GUPTA, ETC.versusSTATE OF UTTAR PRADESH AND ORS.

1995 INSC 428Disposed off

The Supreme Court examined the admission process for medical courses in Uttar Pradesh where Lucknow University had applied a 15% horizontal reservation for five special categories (dependents of freedom fighters, children of soldiers, physically handicapped, hill area and Uttarakhand area) alongside …

SH. BHUPINDER SINGH BINDRAversusUNION OF INDIA AND ANR.

1995 INSC 429Dismissed

The dispute arose under a contract that named the Superintending Engineer, Planning Circle, Chandigarh as the arbitrator. After the arbitrator was appointed and began his duties, the contractor (appellant) complained that the arbitrator delayed the award and sought the court’s intervention to revoke …

MAHAVIR AND ANR. ETC. ETC.versusTHE RURAL INSTITUTE, AMRAVATI AND ANR. ETC. ETC.

1995 INSC 430Dismissed

The State issued a notification under Section 4(1) of the Land Acquisition Act on 29 January 1957 for acquisition of certain lands. The owner subsequently sold the lands to the petitioners on 11 June 1957 and 22 August 1958, i.e., after the notification. The Government completed the acquisition …

K. VASUNDARA DEVI ETC.versusREVENUE DIVISIONAL OFFICER (LAO)

1995 INSC 424Dismissed

The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to …

SMT. VANAMALAversusSHRI H.N. RANGANATHA BHATIA

1995 INSC 425Appeal(s) allowed

The appellant, a woman who obtained a divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, later filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The trial magistrate dismissed the application, holding that a divorcee could not claim …

UNION OF INDIAversusBUDH SINGH AND ORS.

1995 INSC 426Appeal(s) allowed

The Punjab Armed Police took possession of land belonging to Budh Singh in 1963 and paid a modest compensation, after which the owners sued, claiming the acquisition was illegal because it was not made under the Land Acquisition Act, 1894. The courts ordered the State to refund the compensation, but …

UNION OF INDIA AND ORS.versusHARISH CHAND ANAND

1995 INSC 418Appeal(s) allowed

The respondent, Harish Chand Anand, held a licence under Section 3 of the Government Grant Act, 1895 to erect a structure on government land. Clause I of the grant allowed the Government to resume the land at any time upon giving one month’s notice and paying the value of the building. The Allahabad …

THE STATE OF PUNJABversusGURDIAL SINGH ETC

1995 INSC 419Dismissed

The Punjab government acquired land for a market under the Land Acquisition Act, 1894 and initially fixed compensation in categories. The Additional District Judge later re‑classified the land and set higher rates, prompting the claimants to appeal. A single High Court judge, relying on an earlier …

STATE OF ORISSAversusBRIJ LAL MISRA ETC. ETC.

1995 INSC 420Appeal(s) allowed

The State of Orissa acquired three parcels of land for an over‑bridge under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Reference Court fixed compensation at Rs 200 per decimal based on comparable sales, taking into account the land's existing potentialities, and …

DEPUTY COLLECTOR NORTHERN SUBDIVISION, PANAJIversusCOMMUNIDADE OF BAMBOLIM

1995 INSC 421Appeal(s) allowed

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), …

M/S. HASANALI KHANBHAI AND SONS AND ORS.versusSTATE OF GUJARAT

1995 INSC 422Dismissed

The State of Gujarat acquired 7 acres and 28 gunthas of land on the outskirts of Rajkot for an orphanage. The acquisition officer awarded Rs 1.25 per square yard, which was enhanced to Rs 2.05 by the reference court and later the Gujarat High Court held the land could fetch Rs 10 per square yard …

ASPINWAL AND CO., KULSHEKAR, MANGALOREversusLAITHA PADUGADY AND ORS. ETC. ETC.

1995 INSC 423Appeal(s) allowed

A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service …

NAWAL SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.

1995 INSC 410Dismissed

The petitioners challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, where the Collector initially fixed rates of Rs.1600, Rs.1400 and Rs.1000 per bigha for three blocks of land. The Additional District Judge enhanced these rates, and the Delhi High Court …

RAM KALI BHATTACHARJEEversusSTATE OF WEST BENGAL

1995 INSC 411Disposed off

Certain lands were acquired under the West Bengal (Requisition and Acquisition) Act II of 1948 and the Collector made an award in March 1951. The claimants filed reference applications under section 18 of the Land Acquisition Act, 1894 on June 26 and September 7, 1951, seeking enhanced compensation. …

M/S. HINDUSTAN PAPER CORPN. LTD.versusSAKHRAM GOUR AND ORS .

1995 INSC 412Disposed off

The Supreme Court examined a land acquisition dispute where the Collector initially awarded Rs 2,000‑3,000 per bigha as compensation. The reference court, under Section 18 of the Land Acquisition Act, enhanced the market value to Rs 6,500‑8,500 per bigha, a decision affirmed by the Guwahati High …

UNION OF INDIA ETC. ETC.versusSUNIL CHANDRA SAHA AND ANR. ETC. ETC.

1995 INSC 413Disposed off

The Union of India appealed against the award and decree confirming acquisition of land belonging to Sunil Chandra Saha and others under the Land Acquisition Act, 1894. The appellants argued that they were not given notice or an opportunity to present evidence to rebut the claimed market value of …

MUNICIPAL COMMITTEE, BHATINDA AND ORS.versusBALWANT SINGH AND ORS.

1995 INSC 415

The Municipal Committee of Bhatinda appealed against the award of compensation for 116 acres of agricultural land acquired for a water‑treatment plant. The Collector had applied the belting principle, fixing different rates for land up to 100 yards from the road and for the remaining area. The High …

THE STATE OF UTTAR PRADESH AND ANR.versusKESHAV PRASAD SINGH

1995 INSC 416Appeal(s) allowed

The State of Uttar Pradesh acquired land for a Public Works Department office and, while constructing a building and protective wall, encroached upon land owned by Keshav Prasad Singh. A civil suit resulted in a mandatory injunction directing the State to demolish the encroachment and restore …

SHRI SURENDRA KUMAR JAINversusSHRI SHANTI SWAROOP JAIN AND ORS.

1995 INSC 409Disposed off

The appeal concerned the determination of the earliest deemed date of construction under Explanation (a) of Section 2(2) of the U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972. The Supreme Court held that the deemed construction date is the earliest of (i) the date the local …

HYDERABAD INDUSTRIES LTD. AND ANR. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 407Disposed off

Hyderabad Industries Ltd. and others imported asbestos fibre, which they obtained by separating the fibre from its parent rock using manual and mechanical means, and paid customs duty under entry 25.01.32. They challenged the levy of additional duty under Section 3(1) of the Customs Tariff Act, 1975 …

ABDUL AZIZversusSTATE OF WEST BENGAL AND ANR.

1995 INSC 408Dismissed

Abdulaziz filed a writ petition under Article 32 challenging the constitutional validity of Section 1(4) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, arguing that it discriminated between offenders before and after the Act's expiry and violated Articles 14 and 21. He also …

UNION OF INDIA AND OTHERS.versusSHRI DEBASHIS KAR AND OTHERS ETC.

1995 INSC 406Dismissed

The Union of India appealed against several Central Administrative Tribunal orders that had granted draughtsmen employed in Ordinance Factories and Army Base Workshops the benefit of revised pay scales under the Office Memorandum of 13 March 1984, which extended the Central Public Works Department …

AIR INDIAversusUNION OF INDIA AND OTHERS

1995 INSC 402Dismissed

Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment …

ASSISTANT COMMISSIONER OF INCOME TAXversusAK. MENON AND ORS.

1995 INSC 403Appeal(s) allowed

The Assistant Commissioner of Income Tax sought the release of tax liabilities amounting to Rs. 80,80,198.34 of several notified persons from funds held by a Custodian under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The Special Court ordered that the …

GAJANAN KRISHNAJI BAPAT AND ANOTHERversusDATTAJI RAGHOBAJI MEGHE AND OTHERS

1995 INSC 404Dismissed

The Supreme Court examined an election petition challenging the Lok Sabha election of Datta Raghobaji Meghe on allegations that he exceeded the permissible election‑expenditure limit and committed corrupt practices. The Court reiterated that the right to elect and be elected is a statutory right …

STATE OF WEST BENGAL AND ORS.versusGOPAL CHANDRA PAUL AND ORS. ETC.

1995 INSC 399Appeal(s) allowed

The Supreme Court examined whether the West Bengal inspecting staff in the Education Department were entitled to the same superannuation age of 60 years granted to teaching staff under Rule 75 of the West Bengal Service Rules. The State argued that inspecting staff are a distinct cadre with no …

DR. DAS RAO DESHMUKHversusKAMAL KISHORE NANASAHEB KADAM AND ORS.

1995 INSC 400Dismissed

The Supreme Court examined an election petition that challenged Dr. Das Rao Deshmukh's 1990 election to the Maharashtra Legislative Assembly on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of People Act, 1951. The petition alleged that the appellant, a Shiv …

GHAZIABAD DEVELOPMENT AUTHORITY AND ORS.versusSRI VIKRAM CHAUDHARY AND ORS.

1995 INSC 401Disposed off

The Ghaziabad Development Authority (GDA) engaged several workers on daily‑wage contracts for its development projects. The workers filed a writ petition seeking regularisation of their services and parity in pay with regular employees. The Allahabad High Court single judge denied regularisation but …

INDERJIT SINGH AND ORS. ETC.versusSTATE OF PUNJAB AND ORS.

1995 INSC 396Appeal(s) allowed

The Supreme Court examined the convictions of several government officers accused of embezzling funds allocated for a rural employment scheme in Punjab. The prosecution relied on the report of a Superintending Engineer, thumb‑impression comparisons, alleged extra‑judicial confessions and …

A. JAYARAM AND ANR. ETC. ETC.versusSTATE OF ANDHRA PRADESH BY CBI

1995 INSC 397Disposed off

The case concerned a large‑scale fraud in which imported fertilisers were allegedly lifted from ports but not delivered to government godowns, with dealers and government officials accused of colluding to obtain false transport‑charge certificates. The trial court acquitted the accused, but the …

RAJINDER AND ORS.versusSTATE OF HARYANA

1995 INSC 395Dismissed

The case arose from a dispute over agricultural land in Haryana where three members of the complainant party were killed and others injured when the accused entered the land with ploughs and weapons. The accused claimed they acted in private defence of their property and person. The Supreme Court …

MUKRI GOPALANversusCHEPPILAT PUTHANPURAYIL ABOOBACKER

1995 INSC 390Appeal(s) allowed

The tenant Mukrigopalan appealed an eviction order of the Rent Control Court under the Kerala Buildings (Lease & Rent Control) Act, 1965. The appeal was filed after the statutory 30‑day period, and the District Judge acting as appellate authority dismissed it as time‑barred, holding that he was a …

KRIPA SHANKAR CHATTERJIversusGURUDAS CHATTERJEE AND ORS.

1995 INSC 391Dismissed

Kripa Shankar Chatterjee, who lost the 1990 Nirsa Assembly election, filed an election petition challenging the election of Gurudas Chatterjee on four grounds: alleged improper rejection of a nomination paper on age grounds, alleged improper acceptance of nomination papers of two non‑voters, alleged …

AJIT SINGHversusBANSI SINGH AND ORS.

1995 INSC 392Dismissed

Ajit Singh challenged the 1991 Haryana Vidhan Sabha election of Bansi Singh under Section 81 of the Representation of People Act, alleging irregularities in vote counting, including a fenced counting hall that restricted agents' view, police presence, the appointment of counting assistants who were …

G. SUNDARSANversusUNION OF INDIA AND ANR.

1995 INSC 393Dismissed

G. Sundarsan, appointed under the Scheduled Caste quota in the Income Tax Department, rose to the rank of Income Tax Inspector. Three years before his retirement, a departmental enquiry established that he did not belong to any Scheduled Caste and therefore was not entitled to the reserved post. …

N.P. THIRUGNANAM (D) BY L.RS.versusDR. R. JAGAN MOHAN RAO AND ORS.

1995 INSC 394Dismissed

The plaintiff N.P. Thirugnanam had entered into a sale agreement for a property and paid a small advance, thereafter taking possession as a tenant. He sued for specific performance, alleging the defendants had refused to execute the sale deed, while the defendants contended that the plaintiff had …

MADAN GOPAL GARGversusSTATE OF PUNJAB AND ORS.

1995 INSC 387Dismissed

The appellant, a promotee, was appointed Controller in 1972 and later Deputy Director, while respondent No.2 was a direct recruit appointed Controller in 1974 and subsequently promoted to Joint Director. The dispute centered on whether the appellant's promotion to Controller fell within the quota of …

N.A. MUNAVAR HUSSAIN (DEAD) BY LRS. AND ANR.versusE.R. NARAYANAN (DEAD) AND ORS.

1995 INSC 388Appeal(s) allowed

The case arose from a lease of land in Madurai on which a theatre was built. After a compromise decree in 1955, the defendants failed to remove the superstructure and the appellants sought execution. The defendants filed applications under the Madras City Tenants' Protection Act, 1921 for …

CHAND KHAN & ANR.versusSTATE OF UTTAR PRADESH

1995 INSC 389Dismissed

The appellants Chand Khan and Shabbu were charged with murder, assault and related offences arising from a night‑time attack on Shah Alam and others on 26 May 1977. The trial court acquitted all nine accused, disbelieving the testimony of four eye‑witnesses, but the Allahabad High Court set aside …

NAVKIRAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.

1995 INSC 384Disposed 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 …

RASHTRIYA CHINI MILLS ADHIKARI PARISHAD, LUCKNOWversusTHE STATE OF U.P. AND OTHERS

1995 INSC 385Appeal(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 …

BRAMCHARI SIDHESWAR BHAI AND ORS. ETC.versusSTATE OF WEST BENGAL ETC.

1995 INSC 382Dismissed

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 …

NAND KISHORE MEHRAversusSUSHILA MEHRA

1995 INSC 383Appeal(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 …

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

1995 INSC 386Appeal(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 …

PT. SHAMBOO NATH TIKOO AND OTHERSversusSARDAR GIAN SINGH AND OTHERS

1995 INSC 381

The plaintiffs, Hindus, sued the Sikh defendants for ejectment from two rooms of the southern Dharamshalla of the Martand shrine and for a permanent injunction restraining the defendants from interfering with Hindu religious ceremonies and from holding Dewans in the open space of the shrine. The …

MOST REV. P.M.A. METROPOLITAN AND ORS.versusMORAN MAR MARTHOMA AND ANR.

1995 INSC 380Disposed off

The Supreme Court examined a long‑standing dispute between the Patriarch of Antioch’s group (the petitioner) and the Catholicos of the East’s group (the respondent) over the nature, governance and authority of the Malankara Jacobite Syrian Church. The Court held that the 1934 Constitution of the …

DR. (MRS.) VIMALversusBHAGUJI AND ORS.

1995 INSC 372Appeal(s) allowed

The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting …

THE CHAIRMAN AND MANAGING DIRECTOR, SIPCOT, A MADRAS - 8 AND ORS.versusCONTROMIX PVT. LTD. BY ITS DIRECTOR (FINANCE) SEETHARAMAN, MADRAS AND ANR

1995 INSC 373Appeal(s) allowed

Contromix Pvt. Ltd. (Respondent No.1) obtained a term loan of Rs 38 lakhs and a soft loan of Rs 6.8 lakhs from SIPCOT, a State Financial Corporation, and executed a mortgage. The company repeatedly defaulted despite several reschedulings, leading SIPCOT to foreclose, take possession of the mortgaged …

SARWAN SINGH LAMBA AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 370Appeal(s) allowed

The Supreme Court examined the appointments of the Vice‑Chairman and four members of the Madhya Pradesh State Administrative Tribunal, which had been challenged by three police inspectors through a public‑interest litigation. The High Court had quashed the appointments, holding that the procedure …

GOVERNMENT OF ANDHRA PRADESHversusP.B. VIJAYAKUMAR AND ANR.

1995 INSC 375Appeal(s) allowed

The Government of Andhra Pradesh introduced Rule 22‑A in its State Subordinate Service Rules, mandating that where men and women are equally suited and equally meritorious, at least 30% of the posts in each category of O.C., B.C., S.C. and S.T. must be filled by women. P.B. Vijayakumar challenged …

SWAPAN KUMAR CHOUDHARY AND ORS.versusTAPAS CHAKRAVORTY

1995 INSC 376Appeal(s) allowed

The West Bengal Factories Service comprised three categories of inspectors – general, chemical and medical – each with separate recruitment rules and pay scales. After the Bhopal disaster, the State created a chemical cadre with a lower pay scale and limited promotional prospects, prompting chemical …

LACHHMAN DASversusSANTOKH SINGH

1995 INSC 377Appeal(s) allowed

Lachhman Das, a landlord, filed an eviction suit against tenant Santokh Singh under the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging arrears of rent, tethering cattle, and abandonment of the premises. The Rent Controller found the landlord entitled to evict, noting the tenant had …

STATE OF MAHARASHTRAversusDIGAMBAR

1995 INSC 371Appeal(s) allowed

During the severe drought of 1971‑72, the Maharashtra government undertook scarcity‑relief road works, taking land without compensation. In 1991, an agriculturist filed a writ petition under Article 226 seeking compensation, alleging a 20‑year delay (laches). The Bombay High Court dismissed the …

G.C. KANUNGOversusSTATE OF ORISSA

1995 INSC 378Case Allowed

The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively …

B. GANGADHARversusB.G. RAJALINGAM

1995 INSC 379Dismissed

The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the …

SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 363Disposed off

The petitioners, Hindu wives, challenged the validity of their husbands' second marriages after the husbands converted to Islam without dissolving the first Hindu marriage. The Court examined whether conversion to Islam permits a Hindu husband to contract a second marriage, whether such a marriage …

STATE OF MADHYA PRADESH AND ORS.versusM/S. BIRLA JUTE MANUFACTURING CO. LTD.

1995 INSC 364Appeal(s) allowed

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court judgment that had held the electricity duty payable by Mis. Birla Jute Manufacturing Co. Ltd. for power consumed at its limestone mine premises should be calculated at the lower rate under Item (2) of the Table to Section 3 of …

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 358Disposed off

The Supreme Court, acting suo motu, examined a contempt petition filed by T.M.A. PAI FOUNDATION after discovering that the Government of Maharashtra had issued rules reserving fifteen percent of seats in medical, dental and engineering colleges for NRIs/foreign students, contrary to its earlier …

STATE OF JAMMU AND KASHMIRversusSUDERSHAN CHAKKAR AND ANR.

1995 INSC 365Appeal(s) allowed

The State of Jammu & Kashmir prosecuted Sudershan Chakkar and others, alleging criminal conspiracy and misappropriation of foodgrains and empty bags worth Rs. 3,22,119.36, involving forged documents. The trial judge discharged two respondents, holding that the evidence showed only negligence, not a …

INDER SINGHversusSTATE OF PUNJAB AND ORS.

1995 INSC 360Disposed off

The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the …

VIDYA DEVI@ VIDYA VATI(DEAD)versusPREM PRAKASH AND ORS.

1995 INSC 361Appeal(s) allowed

Vidya Devi, a co‑bhumidhar of a Delhi landholding, filed a partition suit under Section 55(1) of the Delhi Land Reforms Act, 1954. Prem Prakash, another co‑bhumidhar, defended the suit by claiming exclusive title over the whole land by adverse possession since 1953‑54 and asked that the question of …

K. POSAYYA AND ORS.versusSPECIAL TAHSILDAR

1995 INSC 366Dismissed

The appellants, K. Posayya and others, owned 163.80 acres of rain‑fed agricultural land acquired under the Land Acquisition Act, 1894 for the Vengalrayasagar project. The initial award fixed compensation at Rs 400 per acre; the Subordinate Judge enhanced it to Rs 22,000 per acre, but the Andhra …

LIC OF INDIA AND ANR.versusCONSUMER EDUCATION AND RESEARCH CENTRE AND ORS. ETC.

1995 INSC 367Dismissed

The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and …

TEJ KAUR AND ANR.versusKIRPAL SINGH AND ANR.

1995 INSC 368Dismissed

The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court …

FAKRUDDINversusTHE PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE AND ORS.

1995 INSC 369Disposed off

The Supreme Court heard an appeal against the Patna High Court's dismissal of a writ petition concerning the allotment of 'Chaks' in consolidation proceedings, a matter that did not raise any question of title. The Court set aside the High Court order not because of the merits of the dispute but …

SUMANLAL CHHOTALAL KAMDAR ETC.versusMISS ASHA TRILOKBHAI SHAH ETC.

1995 INSC 348Disposed off

Social workers appealed against a district judge’s order that appointed a Norwegian couple as guardian of a child from an orphanage under Section 7 of the Guardians and Wards Act, 1890, with the superintendent acting as power of attorney holder. The Supreme Court examined whether the adoption …

BRIG. (RETD) D.K JETLEYversusARMY WELFARE HOUSING ORGANISATION AND ANR.

1995 INSC 346Disposed off

The Army Welfare Housing Organisation (AWHO) was tasked with constructing 422 flats in Som Vihar, New Delhi, and invited applications from serving and retired army officers in 1979. Four senior officers – Brig. D.K. Jetley, Col. Dahiya, Col. Gupta and Col. Khandpur – each claimed entitlement to two …

KARNAL IMPROVEMENT TRUST, KARNALversusSMT. PARKASH WANTI (DEAD) AND ANR.

1995 INSC 351Appeal(s) allowed

The Karnal Improvement Trust appealed against awards made by the President of a Tribunal under the Punjab Improvement Trust Act, 1922, where the President acted without the two assessors required by s.60(1). The High Court had upheld such single‑member awards based on the earlier decision in Sohan …

MAHARAJA KUMAR KHARAK SINGH (DEAD) THOUGH L.RS. ETC.versusSTATE OF PUNJAB

1995 INSC 352Dismissed

The brothers of the former ruler of the princely State of Nabha filed suits in the Patiala Sub‑Judge Court seeking possession of a parcel of land called ‘Bir Bhadson’, relying on a 25 April 1948 letter from Maharaja Pratap Singh that they claimed granted the land to them. The State of Punjab, as the …

COMMISSIONER OF INCOME-TAXversusPATEL BROTHERS AND CO. LTD. ETC. ETC.

1995 INSC 347Dismissed

Patel Brothers & Co. Ltd. claimed kitchen expenses for providing ordinary meals to its employees and out‑station customers for the assessment years 1969‑70, 1970‑71 and 1971‑72. The Income‑Tax Officer disallowed the portion relating to customers, classifying it as "entertainment expenditure" under …

STATE OF MADHYA PRADESHversusSHYAMSUNDER TRIVEDI AND ORS.

1995 INSC 355Appeal(s) allowed

The deceased Nathu Banjara was brought to Rampura police station as a murder suspect, beaten and tortured by Sub‑Inspector Shyamsunder Trivedi, Head Constable Rajaram and Constable Ganniuddin, and died in custody. The police attempted to conceal the death by preparing false death reports and …

KIRLOSKAR OIL ENGINES LTDversusUNION OF INDIA AND ORS.

1995 INSC 357Appeal(s) allowed

Kirloskar Oil Engines Ltd manufactured thrust washers, thrust half washers and wrapped bushes for motor vehicles and cleared them under Notification No. 99/1971, which exempted motor vehicle parts except those listed, including thin‑walled bearings. In 1978 a Board meeting with trade representatives …

NATIONAL THERMAL POWER CORPORATION LTDversusM/S. FLOWMORE PRIVATE LTD. AND ANR.

1995 INSC 342Appeal(s) allowed

The appellant, National Thermal Power Corporation Ltd., entered into a contract with Flowmore Private Ltd. for the supply of pumps and related equipment, under which Flowmore furnished five bank guarantees payable on demand. Disputes arose and the parties referred the matter to arbitration; during …

BHUKAMP PIDIT ANDOLANversusSTATE OF U.P. AND ANR.

1995 INSC 343Disposed off

The District Collectors of Uttarkashi and Tehri Garwal submitted reports on earthquake compensation claims. In Uttarkashi, after verification, no eligible victims were left out. In Tehri, out of 6,978 claimants, 6,071 were verified, 907 pending, 3,844 ineligible, 576 eligible but not yet claimed, …

DILBAG SINGHversusSTATE OF U.P. AND ORS.

1995 INSC 344Appeal(s) allowed

The appellant, a former army officer commissioned in 1974 and released in 1979, was appointed as Deputy Collector in 1979 and sought seniority from his commission date under Rule 5 of the Uttar Pradesh Non‑Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1980. …

S.L. SONIversusSTATE OF M.P. AND ANR.

1995 INSC 345Dismissed

The appellant, S.L. Soni, sought promotion to Assistant Conservator of Forest under the Madhya Pradesh Forest Service (Recruitment) Rules, 1977. A High Level Committee, constituted as per the Rules, evaluated the claims of all eligible officers based on seniority, merit, and integrity, using the …

SATPAL ANTIL AND ANR.versusUNION OF INDIA AND ANR.

1995 INSC 340Dismissed

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 …

COLLECTOR OF CUSTOMS, CALCUTTAversusSANJAY CHANDIRAM

1995 INSC 339Appeal(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 …

SHAMSHUL KANWARversusSTATE OF U.P.

1995 INSC 337Dismissed

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 …

B.P.L. PHARMACEUTICALS LTDversusCOLLECTOR OF CENTRAL EXCISE, VADODARA

1995 INSC 338Appeal(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. …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR. ETC.versusKRISHNA KANT ETC. ETC.

1995 INSC 335Appeal(s) allowed

The employees of Rajasthan State Road Transport Corporation were dismissed after disciplinary inquiries conducted under certified Standing Orders. They filed civil suits seeking declaration that the dismissals were illegal and that they be reinstated with benefits. The corporation contended that the …

THE GOVT. OF INDIA AND ORS. ETC.versusTHE MADRAS RUBBER FACTORY LTD. ETC.

1995 INSC 336Case 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 …

U.P. STATE SUGAR CORPN. LTDversusU.P. STATE SUGAR CORPN. KARAMCHARI ASSO. AND ORS

1995 INSC 326Appeal(s) allowed

The U.P. State Sugar Corporation Ltd., a government‑owned company, sought to sell eight loss‑making sugar units. Its net‑worth had fallen by more than 50%, making it a potentially sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The corporation sent a …

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

1995 INSC 323Dismissed

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, …

LORD LINGARAJ BIJE, BHUBANESWAR AND ANR.versusSH. NITYANANDA MISHRA AND ORS.

1995 INSC 327Dismissed

Lord Lingaraj, the appellant, let out agricultural land to Dr. Ramendu Ray in 1937, before the Orissa Hindu Religious Endowments Act, 1939 came into force. After Ray's death his widow Bhibhati succeeded and later transferred the land to the respondents. The appellant filed a Section 68 petition for …

COLLECTOR OF CENTRAL EXCISE, CHANDIGARHversusM/S. STEEL STRIPS LTD. SANGRUR

1995 INSC 324Dismissed

The assessees, M/s Steel Strips Ltd., manufactured cold‑rolled steel strips from hot‑rolled strips, which under Central Excise Tariff Item 26AA attracted a higher duty (Rs 650/MT) than hot‑rolled strips (Rs 450/MT). The excise authorities contended that the cold‑rolled strips were the result of a …

PADMAVATHY AMMAversusAMMUNNI PANICKER AND ANR.

1995 INSC 328Dismissed

Padmavathy Amma appealed to the Supreme Court against a decision of the Kerala High Court that awarded a one‑sixth share of a gifted property to the son of her sister, Kochukuni. The dispute arose from a gift made by Padmanabha to his sister, who had two sons and a daughter, and the question was …

PT. RISHIKESH AND ANR. ETC.versusSMT. SALMA BEGUM ETC. ETC.

1995 INSC 325

The petitioners, tenants, challenged the validity of Order 15 Rule 5 of the Code of Civil Procedure, which had been inserted by the Uttar Pradesh Civil Laws (Amendment) Act, 1972 and later amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, on the ground that it was repugnant …

COMMISSIONER OF INCOME TAX, JULLUNDURversusAJANTA ELECTRICALS, PUNJAB

1995 INSC 329Dismissed

The Commissioner of Income Tax, Jullundur issued notices under Section 139(2) of the Income Tax Act, 1961 to Ajanta Electricals and its partners, requiring them to file returns within 30 days. The assessees filed their returns and applications for extension of time after the due dates, leading the …

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

1995 INSC 330Dismissed

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 …

ARJUNA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 331Appeal(s) allowed

The appellants challenged the High Court's finding that the respondents, being within the ceiling limit under the Maharashtra Land Ceiling Act, could not be declared surplus land holders and thus the allotment of surplus land to them was illegal. The Supreme Court directed both parties to produce …

VIJAY PAL SINGH AND ANR.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1995 INSC 332Disposed off

A landowner died leaving three sons; one son, B, died leaving his widow S, who occupied his one‑third share for maintenance under Section 11 of the U.P. Zamindari and Land Reforms Act, 1950. After S's death, her daughter C claimed the same one‑third share in consolidation proceedings. The Settlement …

U.P. AVAS EVAM VIKAS PARISHAD AND ANR.versusRAVI KUMAR ANAND AND ORS.

1995 INSC 333Appeal(s) allowed

The Uttar Pradesh Avas evam Vikas Parishad (the Housing Board) allotted flats under a self‑financing scheme but delayed possession, later demanding an escalated price and 18% interest from the allottees. The Allahabad High Court upheld the price escalation but held the interest excessive, directing …

DHANANJAY SHARMAversusSTATE OF HARYANA AND ORS.

1995 INSC 334Disposed 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 …

INDORE DEVELOPMENT AUTHORITYversusTARAK SINGH AND ORS. ETC. ETC.

1995 INSC 317Disposed off

The Indore Development Authority (IDA) acquired land under the Land Acquisition Act, 1894 and a reference court enhanced the compensation from Rs. 25,000 to Rs. 88,000 per hectare. IDA filed a memorandum of appeal in the Madhya Pradesh High Court, paying the fixed court fee, but the High Court …

UNION OF INDIAversusTHAMISHARASI AND ORS.

1995 INSC 318Dismissed

The Narcotics Control Bureau seized a consignment of hashish and arrested three persons under the NDPS Act. The complaint was not filed within the 90‑day period prescribed in the proviso to Section 167(2) of the CrPC, and the accused claimed an automatic right to bail. The High Court allowed the …

SRI R.N.A. BRITIOversusTHE CHIEF EXECUTIVE OFFICER AND ORS.

1995 INSC 319Appeal(s) allowed

R.N.A. Britto, appointed as Secretary of the Bajpe Panchayat under the Karnataka Village and Local Boards Act, 1959, was terminated by a memo dated 4 November 1986. He challenged the termination before the Karnataka Administrative Tribunal, which dismissed his petition on the ground that he was not …

CITIZENS FOR DEMOCRACYversusTHE STATE OF ASSAM AND ORS.

1995 INSC 320Appeal(s) allowed

A journalist, writing as President of Citizens for Democracy, petitioned the Supreme Court under Article 32 alleging that seven TADA detainees lodged in Guwahati Medical College Hospital were handcuffed and tied with ropes, violating their constitutional rights. The State of Assam countered, …

VIDYAWATIversusMAN MOHAN AND OTHERS

1995 INSC 321Dismissed

The plaintiffs filed a suit for possession of a property against the first defendant, who was deceased, and the second defendant, the petitioner. The petitioner sought to file an additional written statement asserting title under a will, but the trial court dismissed the application, holding that a …

K. RAHEJA CONSTRUCTIONS LTD. AND ANR.versusALLIANCE MINISTRIES AND ORS.

1995 INSC 322Dismissed

The petitioners filed a suit for a permanent injunction to restrain the respondents from dealing with a trust property. After the suit was filed, they discovered that the Charity Commissioner had granted permission to sell the property and sought to amend the plaint under Order 6 Rule 17 to claim …