Created by Fuzzy Cloud

Judgments of 1995

917 judgments · newest first · showing 801–917

DR. (MRS.) PUSHPA VISHNU KUMAR GURTUversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 113Appeal(s) allowed

Dr. Pushpa, a Reader appointed on 11 October 1977 in a Government Medical College, challenged a seniority list issued by the Maharashtra Government that antedated the appointment of Dr. Guhe (the respondent) from 2 July 1979 to 19 January 1977, thereby making her senior. The seniority list was based …

M/S BHARAT COKING COAL LTD.versusM/S C.K. AHUJA AND ANR.

1995 INSC 114Disposed off

The Supreme Court had earlier referred the disputes between M/s Bharat Coking Coal Ltd. and M/s C.K. Ahuja to arbitration by consent, appointing an arbitrator who rendered an award on 14 February 1994. The award was filed before the Court and notice of filing was given on 29 April 1994. The …

UNION OF INDIA AND ORS.versusKANTILAL HEMATRAM PANDYA

1995 INSC 115Appeal(s) allowed

Kantilal H. Pandya joined the Railway Service in 1955, stating his date of birth (DOB) as 6 September 1930, which was entered in his service record. Upon retirement in 1988, he claimed his correct DOB was 4 September 1934 and sought alteration of his service records to obtain benefits until 1992, …

M/S MOTI LAMINATES PVT. LTD. ETC.versusCOLLECTOR OF CENTRAL EXCISE, AHMEDABAD

1995 INSC 112Appeal(s) allowed

Mis Motilates Pvt. Ltd. and other appellants manufactured laminated sheets using phenol‑formaldehyde resin that was produced as an unstable solution (resol) and consumed only within their own process. The Central Excise Department, relying on the 1979 amendment to the Central Excise Rules, claimed …

STATE OF MAHARASHTRA AND ORS.versusPANDURANG K. PANGARE AND ORS .

1995 INSC 111Disposed off

The State of Maharashtra, through MHADA, filed contempt and perjury applications against P.K. Pangare alleging that he misled the Supreme Court by denying construction on land covered by a prohibitory order. Pangare had sold the land before the order, and construction was subsequently carried out by …

AMRIT BANASPATI CO. LTD.versusUNION OF INDIA AND ORS.

1995 INSC 110Dismissed

Amrit Banaspati Co. Ltd., a vanaspati manufacturer in Uttar Pradesh, transports its products into Delhi where the Delhi Municipal Corporation Act, 1957 imposes a terminal tax under Section 178 on all goods brought from outside the Union Territory. The company challenged the tax as a direct and …

R.K. SABHARWAL AND ORS.versusTHE STATE OF PUNJAB

1995 INSC 108Disposed off

The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class …

CHAIRMAN, THIRUVALLUVAR TRANSPORT CORPORATIONversusCONSUMER PROTECTION COUNCIL

1995 INSC 107Appeal(s) allowed

Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANR. ETC.

1995 INSC 105Disposed off

The Delhi Development Authority (DDA) held an auction for a commercial plot in 1980, and Skipper Construction was the highest bidder at Rs. 9.82 crores. Skipper deposited 25% but delayed the balance payment, leading to an agreement in 1987 for instalment payments. Skipper continued to delay and …

MANSUKHLAL DHANRAJ JAIN AND ORS. ETC.versusEKNATH VITHAL OGALE ETC.

1995 INSC 106Dismissed

The appellants, licensees of certain premises in Greater Bombay, filed suits for permanent injunction in the City Civil Court to prevent the licensor‑defendants from forcibly evicting them. The defendants challenged the City Civil Court’s jurisdiction, arguing that under Section 41(1) of the …

M/S VOLTAS LTD. BOMBAYversusUNION OF INDIA AND ORS.

1995 INSC 102Appeal(s) allowed

Mis Voltas Ltd. entered into exclusive distribution agreements with numerous manufacturers, containing territorial and exclusive dealing clauses. The Monopolies and Restrictive Trade Practices Commission (MRTPC) issued notices under Section 10(a)(iii) and Section 37 of the Monopolies and Restrictive …

SHARMIK UTTARSH SABHAversusRAYMOND WOOLLEN MILLS LTD. AND ORS.

1995 INSC 103Dismissed

The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The …

M/S NOORULLA GHAZANFARULLAversusL. THE MUNICIPAL BOARD OF ALIGARH, ALIGARH 2. THE STATE OF UTIAR PRADESH, LUCKNOW 3. SH. R.N. MATHUR, OFFICER-ON-SPECIAL DUTY, NAGAR PALIKA, ALIGARH.

1995 INSC 104Disposed off

The appellant, a partnership holding a water‑supply licence granted under the U.P. Municipalities Act, 1916, asked the Aligarh Municipal Board to revoke its licence so that the Board could purchase the water works. The Board revoked the licence on 1 April 1975 and claimed that the water‑works …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. SHANTI BAI AND ORS.

1995 INSC 97Appeal(s) allowed

New India Assurance Co. issued a comprehensive insurance policy for a bus owned by respondent No.4. The bus was involved in an accident caused by the negligent driving of respondent No.5, resulting in the death of a passenger, Laxman Singh, who was riding on the roof with the driver’s permission. …

LAL BABU HUSSEIN AND ORS.versusELECTORAL REGISTRATION OFFICER AND ORS.

1995 INSC 98Disposed off

The Supreme Court examined the Election Commission's directives that empowered district collectors and police to determine a person's citizenship and delete alleged foreign nationals from electoral rolls. Petitioners challenged the procedure, arguing that notices relied solely on police reports, …

STATE OF M.P. AND ANR.versusRAM KISHNA BALOTHIA AND ANR.

1995 INSC 99Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court judgment that held Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989— which bars the application of Section 438 of the Code of Criminal Procedure (anticipatory bail) to offences under the …

MADAN LAL AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1995 INSC 100Dismissed

The Jammu & Kashmir Public Service Commission advertised for Munsiff posts, conducted a written exam and a viva voce interview. Unsuccessful candidates (petitioners) challenged the interview, alleging manipulation, lack of faculty‑wise marking, absence of tape‑recording, bias favouring certain …

SRI BAGAWATI TEA ESTATES LTD.versusGOVERNMENT OF INDIA AND ORS.

1995 INSC 96Appeal(s) allowed

The petitioners, owners of private forests in Kerala, challenged the constitutional validity of the Kerala Private Forests (Vesting and Assignment) Act, 1971, arguing that the State had failed to implement its agrarian‑reform objectives under Section 10 and that the later Forest (Conservation) Act, …

M/S ISHA MARBLES ETC. ETC.versusBIHAR STATE ELECTRICITY BOARD AND ANR. ETC. ETC.

1995 INSC 95Disposed off

The Supreme Court considered appeals arising from the sale of mortgaged industrial premises by the Bihar State Financial Corporation. The purchasers, who acquired the assets at auction, were denied reconnection of electricity because the Bihar State Electricity Board demanded payment of arrears …

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

1995 INSC 92Dismissed

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

HABIBULLA KHANversusSTATE OF ORISSA AND ANR.

1995 INSC 93Dismissed

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

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

1995 INSC 94Disposed off

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

M/S. WARDEN AND CO., (INDIA) PVT. LIU.versusCOLLECTOR OF CENTRAL EXCISE, THANE

1995 INSC 90Dismissed

M/s. Warden and Co. (India) Pvt. Ltd. manufactures fibre drums whose cylindrical side is paper, while the lids and bottom are plywood reinforced with steel rings. The company sought to have the drums classified under Central Excise Tariff Item No. 17(4) and to claim exemption under Notification No. …

STATE OF MADHYA PRADESH AND ANR.versusRAKESH MENON AND ANR. ETC. ETC.

1995 INSC 88Appeal(s) allowed

A Division Bench of the Madhya Pradesh High Court held that the State could not reduce the minimum qualifying marks in General English for admission to medical and dental colleges to create seats for SC/ST candidates. The State of Madhya Pradesh filed Special Leave Petitions challenging that order. …

UNION OF INDIAversusD. MOHAN AND ORS.

1995 INSC 91Case Partly allowed

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

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

1995 INSC 89Disposed off

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

STATE OF PUNJAB AND ORS.versusCHAMAN LAL GOYAL

1995 INSC 86Appeal(s) allowed

The respondent, a former Superintendent of a high‑security jail, was charged with grave lapses after a terrorist escape in January 1987. The memo of charges was served only in July 1992, five and a half years later, and an enquiry was appointed in 1993. The Punjab & Haryana High Court quashed the …

STATE OF TAMIL NADUversusTHIRUKKURAL PERUMAL

1995 INSC 87Appeal(s) allowed

A first information report (FIR) was lodged against the respondent alleging offences under several IPC sections. The respondent filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR. The Madras High Court quashed the FIR, relying on evidence collected by the …

DIRECTOR, GENERAL OF ORDNANCE SERVICES AND ORS.versusP.N. MALHOTRA

1995 INSC 83Appeal(s) allowed

P.N. Malhotra, a civilian employee in the defence services whose salary was drawn from the Defence Estimates, was dismissed after a disciplinary enquiry conducted under the CCS (CCA) Rules, 1965. He challenged the dismissal before the Central Administrative Tribunal, which held that the 1965 Rules …

STATE OF MAHARASHTRAversusGULAB RAO

1995 INSC 82Appeal(s) allowed

The State of Maharashtra appealed a High Court order that had set aside a revenue tribunal's decision adding 51.08 acres of land to the holding of Gulab Rao, a surplus land holder. The land had been conveyed by unregistered sale agreements dated 1‑April‑1968, before the cut‑off date of 26 September …

STATE OF ORISSA AND ORS.versusADWAIT CHARAN MOHANTY ETC. ETC.

1995 INSC 78Appeal(s) allowed

The respondents, who were Class III government servants in Orissa, reached the statutory retirement age of 58 and claimed that, as "workmen" under the second proviso to Rule 71(a) of the Orissa Service Code, they were entitled to remain in service until the age of 60. The Orissa Administrative …

CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 76Case Allowed

The Consumer Education and Research Centre filed a public‑interest writ under Article 32 seeking protection for workers in asbestos mines and industries, alleging that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41, 43 and 48A of the …

UNION OF INDIA AND ORS.versusB. RAMA MURTHY

1995 INSC 79Appeal(s) allowed

The Government of India issued Office Memorandum No. 18(4)-EV/79 on 25 May 1979, which stipulated that half of the dearness allowance should be treated as pensionable pay, changing the pension calculation from 3/10 to 5/10 of the ten‑month average salary. B. Rama Murthy challenged the memorandum …

ARUNABEN T. BHOJAKversusSECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.

1995 INSC 80Appeal(s) allowed

The Gujarat University advertised a Lecturer (Psychology) post reserved for Scheduled Tribes. Arunaben T. Bhojak, a member of the Bakshi Panch Scheduled Tribe, was initially not selected because she lacked laboratory experience. The selected candidate was appointed, and Bhojak challenged the …

UNION OF INDIAversusSMT. PRATAP KAUR (DEAD) THROUGH LRS. AND ANR. ETC.

1995 INSC 81Appeal(s) allowed

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION AND ANR.

1995 INSC 75Disposed off

The Delhi Development Authority (DDA) auctioned a commercial tower plot and awarded it to Skipper Construction Ltd., which paid only 25% of the bid and later defaulted on the balance despite multiple extensions and court orders. Skipper repeatedly violated interim orders by seeking to create …

MAJOR PAKHAR SINGH ATWAL AND ORS.versusSTATE OF PUNJAB AND ORS.

1995 INSC 73Dismissed

The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in …

MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.

1995 INSC 74Dismissed

The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were …

SURBUDDIN AND ANR.versusSTATE OF KERALA AND ANR.

1995 INSC 72Appeal(s) allowed

The husband and wife’s land was acquired under the Kerala Land Reforms Act. They filed a joint claim statement for compensation, but only the husband received compensation. The wife appealed the decision, arguing that the joint claim also covered her separate holding. The Kerala High Court dismissed …

STATE OF PUNJABversusAJAIB SINGH

1995 INSC 69Dismissed

In an altercation on the GT Road in 1976, Sub‑Inspector Ajaib Singh shot and killed Assistant Sub‑Inspector Gurnam Singh and Constable Paramjit Singh. The trial court convicted Singh under Section 302 IPC and the Arms Act, but the Punjab & Haryana High Court acquitted him, holding that he acted in …

M/S NEW INDIA ASSURANCE CO. LTD.versusUNION OF INDIA AND ORS.

1995 INSC 67Appeal(s) allowed

The Bihar State Electricity Board ordered a transformer from NGEF Ltd., which was shipped by rail and covered by an open insurance policy with New India Assurance. The consignment was damaged during transhipment, and the insurer, after reimbursing the consignor, sued the railway administration for …

DURGA NARAYANversusCHAIRMAN AND MANAGING DIRECTOR, DENA BANK

1995 INSC 68Dismissed

The appellant, Durga Narayan, was appointed as Economic Officer of Dena Bank on 26 May 1978 with a basic pay of Rs.700, the scale recommended by the Pillai Committee. After ten years he claimed that he was entitled to a further "fitment" benefit under the Dena Bank (Officer's) Service Regulations, …

MIS HIND WIRE INDUSTRIES LTD.versusTHE COMMISSIONER OF INCOME TAX, WEST BENGAL-V

1995 INSC 70Appeal(s) allowed

Mis Hind Wire Industries Ltd. was originally assessed for income tax on 21 September 1979. The assessee obtained a rectification of that order on 12 July 1982 under Section 154 of the Income‑Tax Act. A second rectification application was filed on 4 July 1986, which the Income‑Tax Officer rejected …

STATE OF ANDHRA PRADESHversusSHRI S. VISHW ANATHA RAJU ETC. ETC.

1995 INSC 71Appeal(s) allowed

The State of Andhra Pradesh appealed against orders that excluded about 900 acres of land, held under agreements to sell, from the ceiling provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975. The issue was whether such lands should be counted in the holdings of both the …

RA VI PAUL AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 59Dismissed

The petitioners, Short Service Commissioned Officers (SSCOs) appointed as Assistant Commandants in the Border Security Force (BSF) between 1974 and 1978, claimed that their prior Army service should be counted for seniority, relying on Rule 8(b) of the Central Reserve Police Force (CRPF) Rules. The …

STATE OF TAMIL NADUversusM.P.P. KA VERY CHETTY

1995 INSC 60Disposed off

The State of Tamil Nadu appealed against a Madras High Court order that struck down Rules 8D, 19B and part of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959. The State argued that giving preference to State Government companies or corporations in granting quarrying leases for …

RAMANARANGversusRAMESH NARANG AND ORS.

1995 INSC 61Dismissed

The appellant, Rama Narang, was appointed Managing Director of a deemed public limited company after being convicted of offences involving moral turpitude. Respondent Ramesh Narang challenged the appointment under Section 267 of the Companies Act, 1956, which bars a person convicted of such offences …

GEM GRANITES AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1995 INSC 62Disposed off

Petitioners challenged the Tamil Nadu Minor Mineral Concession Rules 8‑C (as amended on 10 June 1992) and Rule 38, alleging that they illegally reserve quarrying of certain granites for the State Government and its companies without the Central Government’s approval required under Section 17‑A(2) of …

STATE OF MADHYA PRADESH AND ANR.versusSRI S.S. KOURA V AND ORS.

1995 INSC 63Appeal(s) allowed

The respondent, an Executive Engineer of the Madhya Pradesh Water Resources Department, was transferred from Bhopal to Jagdalpur during President's Rule. He challenged the transfer before the Administrative Tribunal, which quashed it on the ground that a ban on transfers required prior approval of …

SHRI BHAGWAN SINGHversusTHE CHAIRMAN, NOIDA AND ORS.

1995 INSC 64Case Allowed

The petitioner, Bhagwan Singh, was eligible to become a member of a Noida cooperative society and had paid the required price. The society refused to allot him a plot because his enrollment was recorded on 8 May 1976, after the cut‑off date of 1 May 1976 fixed by the Supreme Court in NO/DA v. U.P. …

D. KRISHNA VENI AND ANR. ETC.versusSTATE OF ORISSA AND ORS.

1995 INSC 65Dismissed

The State of Orissa acquired about 700 acres of land under the Land Acquisition Act, 1894. The Collector awarded compensation for fruit‑bearing trees at Rs 80 each and non‑fruit‑bearing trees at Rs 60 each, which was confirmed by a Sub‑Judge on reference under Section 18. The appellants did not …

MRS. MARY JOYCE POONACHAversusMIS K.T. PLANTATIONS PVT. LTD.

1995 INSC 66Appeal(s) allowed

Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the …

U. P. STATE TOURISM DEVELOPMENT CORPORATION LTD.versusI.B. MISRA AND ORS.

1995 INSC 51Appeal(s) allowed

The Uttar Pradesh State Tourism Development Corporation (UTTDC) governed appointments to its posts by Rule 19 of its 1981 Rules, which stipulates that Class I posts may be filled only by selection or deputation. Respondent No.1, I.B. Misra, a Manager Grade‑I, filed a writ petition seeking a …

STATE OF MADHYA PRADESHversusSURENDRA KUMAR AND ANR.

1995 INSC 53Appeal(s) allowed

The owner of a plot in Jabalpur applied to the competent authority for permission to alienate 16,500 sq ft of land with building to a purchaser. The authority exercised its option under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976 to purchase the property on behalf of the …

MIRZA MAJID HUSSAINversusSTATE OF M.P. AND ANR .

1995 INSC 54Dismissed

The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition …

KHANNA IMPROVEMENT TRUSTversusLAND ACQUISITION TRIBUNAL AND ORS.

1995 INSC 55Appeal(s) allowed

The Punjab Town Improvement Trust sought compensation for land acquired under a 1922 Act. The Land Acquisition Collector awarded market value, which the Tribunal enhanced to Rs 307 per sq yd up to a depth of 43 ft. The Trust challenged this in the High Court, which confirmed the Tribunal’s award but …

STATE OF HARYANAversusGURCHARAN SINGH AND ANR. ETC.

1995 INSC 56Appeal(s) allowed

The State of Haryana appealed a High Court order that had confirmed the market value of land acquired in Panchkula and further increased compensation for fruit‑bearing trees by 60% based on a price‑index adjustment. The Collector had originally awarded separate compensation for the land and the …

GIAN CHANDversusGOPALA AND ORS.

1995 INSC 57Appeal(s) allowed

Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on …

STATE OF MADHYA PRADESHversusSMT. SHANTABHAI AND ORS.

1995 INSC 58Appeal(s) allowed

The respondents purchased 22 acres 63 decimals of land for Rs.1,08,000 on September 4, 1974, two days before a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued to acquire the same land for industrial purposes. The Land Acquisition Officer initially fixed compensation at …

E.K. CHANDRASENAN ETC. ETC.versusSTATE OF KERALA

1995 INSC 43Disposed off

The case involved ten accused who were charged with conspiracy to supply spurious liquor that caused 70 deaths and permanent loss of sight to 24 persons. The High Court convicted five of them under sections 326, 328 and 272 of the IPC and sentenced them to rigorous imprisonment. The appellants filed …

COCHIN DEVASWAM BOARDversusCAPTAIN E.M. GEORGE AND ORS.

1995 INSC 44Dismissed

The Cochin Devaswom Board sued tenants (including Captain E.M. George) claiming exclusive fishing and prawn‑fishing rights over lands granted under various demises, asserting a right of easement. The High Court had held that the Board’s rights were divested by the Kanam Tenancy Act and the Kerala …

NIKKIversusUNION OF INDIA AND ANR.

1995 INSC 45Dismissed

The Supreme Court examined an appeal by Nikki seeking to increase compensation for 21.64 acres of land acquired in 1978 near Chandigarh for a brick kiln under the Land Acquisition Act, 1894. The land was initially compensated at Rs.21,000‑48,000 per acre, later enhanced to Rs.27,000 by the …

SANT SARAN GOSWAMI @ DEOJIversusTHE STATE OF BIHAR AND ORS.

1995 INSC 46Dismissed

The appellant, Baletha Math, possessed 15.36 acres of land and was subject to ceiling proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961. An order dated 15‑04‑1976 held the Math to be a separate entity, but after the amendment introducing Section 32‑A …

UMED INDUSTRIES AND LAND DEVELOPMENT CO. AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1995 INSC 47Appeal(s) allowed

The Rajasthan Urban Improvement Act, 1959 was used to acquire land, and the Additional Collector fixed a market value. The claimants appealed for higher compensation, solatium and interest, while the State appealed the interest awarded. The District Court awarded compensation in 1983 and reduced …

UNION OF INDIAversusSH. SHIVKUMAR BHARGAVA AND ORS.

1995 INSC 48Appeal(s) allowed

The respondent filed a writ petition seeking an alternative site after his land was acquired for public purpose, arguing that he was the owner when the acquisition was finalized. The Single Judge had allowed the petition, but the Division Bench dismissed the appeal on limitation grounds, which the …

STATE OF KERALA AND ANR.versusBETTY W/O L.J. MANI AND ANR.

1995 INSC 49Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that had granted statutory benefits under the Land Acquisition (Amendment) Act, 1984 to respondents whose land was acquired. The land was notified for acquisition in 1974, possession taken in 1977, and compensation enhanced by a subordinate …

STATE OF BIHAR AND ORS.versusSACHCHLDANAND KISHORE PRASAD SINHA AND ORS.

1995 INSC 39Appeal(s) allowed

The State of Bihar and the Patna Municipal Corporation challenged the validity of the Assessment of Annual Rental Value of Holding Rules, 1993 and two notifications issued by the corporation, which classified holdings by road categories and type of construction and fixed rental rates per square …

T. SHANTHARAMversusSTATE OF KARNATAKA AND ORS.

1995 INSC 40Appeal(s) allowed

The appellant, a revenue department clerk, was deputed to the Food and Civil Supplies Department in a post higher than his parent‑department rank and remained there for over three decades. When the department sought to repatriate him, he applied to the Karnataka Administrative Tribunal, which …

ROMESH CHANDERversusSMT. SAVITRI

1995 INSC 31Disposed off

The appellant, a sanitary inspector, and the respondent, a teacher, were married for 25 years and have an adult child. The appellant previously faced a desertion suit, and the present appeal arose from a cruelty petition where the respondent alleged the appellant's immoral conduct, which was not …

STATE OF RAJASTHAN AND ANR.versusGOPALDAS ETC. ETC.

1995 INSC 32Appeal(s) allowed

The Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983 revised the pay of Upper Division Clerks (UDCs) with effect from 1 September 1981. While UDCs of the Secretariat received the higher revised scale, UDCs of subordinate offices were later granted the same scale only from 1 February 1985 by …

DINESH PRASAD YADA VversusSTATE OF BIHAR AND ORS.

1995 INSC 33Appeal(s) allowed

Dinesh Prasad Yadav, a member of the Managing Committee of the Katihar District Central Co‑operative Bank, was elected on 20 January 1991, but the State Government, a major shareholder, made its statutory nominations only on 2 March 1993. The State Government then ordered that the Committee's …

COMMISSIONER OF INCOME-TAXversusCHITTOR ELECTRIC SUPPLY CORPORATION AND ANR.

1995 INSC 30Appeal(s) allowed

The Commissioner of Income‑Tax appealed against a High Court order that had directed the revenue to pay interest under Section 244(1) of the Income‑Tax Act to Chittor Electric Supply Corporation, which had received a refund after a fresh assessment was made in 1973. The original assessment of 1966 …

P.L. KANTHA RAO AND ORS.versusSTATE OF ANDHRA PRADESH

1995 INSC 34Dismissed

The petitioners obtained a favorable order from the Andhra Pradesh Administrative Tribunal (established under the Presidential Order 1985) and sought its enforcement. After obtaining a certificate, they filed an execution petition in the City Civil Court, Hyderabad, which was challenged in the High …

COLLECTOR OF MADRAS AND ANR.versusK. RAJAMANICKAM

1995 INSC 35Appeal(s) allowed

The respondent, K. Rajamanickam, entered Madras service in 1958 with a recorded date of birth of 15‑01‑1935 and later applied in 1986 to have it corrected to 12‑01‑1936. The Tamil Nadu Administrative Tribunal upheld the corrected date and ordered his continuation in service until 31‑01‑1994, but the …

STATE OF ANDHRA PRADESHversusKORRAPATI SUBRAHMANYAM AND ORS.

1995 INSC 36Appeal(s) allowed

On the night of 14-15 February 1978, forest officials seized 28 logs of red sandalwood loaded on a lorry and 118 logs waiting on the roadside for loading in Cuddapah district. The accused were charged under Section 20 read with Section 29 of the Andhra Pradesh Forest Act, 1967 and Rule 3 of the …

UNION OF INDIAversusB.V. SAROJA AND ANR.

1995 INSC 37Appeal(s) allowed

The Union of India acquired land belonging to B.V. Saroja and another person under the Land Acquisition Act, 1894. The acquisition notification was issued on 30 March 1972, the award was made on 15 September 1976 and possession taken on 15 October 1976. After the award, the respondents claimed an …

STATE OF HARYANA AND ANR.versusJAGDISH CHANDER

1995 INSC 38Appeal(s) allowed

Jagdish Chander, appointed as a constable on 30 October 1985, was discharged on 1 June 1992 under Rule 12.21 of the Punjab Police Rules for alleged habitual absenteeism, negligence and indiscipline. He challenged the discharge before the High Court, which set aside the order and directed his …

SH. JAGANNATH AND ORS.versusSTATE OF UTTAR PRADESH

1995 INSC 29Appeal(s) allowed

The appellants, Jagannath and others, were originally convicted under Section 302 read with Section 34 of the IPC for the murder of Shyam Narain, based primarily on the ocular testimony of PW1 who claimed the appellants chased and surrounded the victim. The High Court upheld this conviction. On …

THE SPECIAL TEHSILDAR (LA) P.W.D. SCHEMES, VIJAYAWADAversusM.A. JABBAR

1995 INSC 24Dismissed

The Supreme Court examined whether a landowner, whose possession was taken in 1965, was entitled to the additional amount under section 23(1‑A) of the Land Acquisition Act, 1894 as amended by Amendment Act 68 of 1984. The notification under section 4(1) was published in 1980 and the award was made …

RAJ KUMAR AND ANR.versusSTATE OF PUNJAB AND ANR.

1995 INSC 25Dismissed

The State of Punjab acquired 56 acres of land for a grain market. The Land Acquisition Officer initially fixed the market value at Rs 24,000 per acre for the first 22 karmas (belting) and Rs 20,000 per acre for the rest. The Additional District Judge and later the Punjab & Haryana High Court …

V.M. SALGOACAR AND BROTHER LTD.versusUNION OF INDIA

1995 INSC 26Dismissed

The Supreme Court examined an appeal by V.M. Salgoacar & Bros Ltd challenging a higher compensation of Rs 50 per square metre awarded by a District Judge for land acquired under the Land Acquisition Act, 1894. The Collector had fixed compensation at Rs 5 per square metre, basing it on the company's …

SH. LOKRAJ AND ORS.versusKISHAN LAL AND ORS.

1995 INSC 27Appeal(s) allowed

Lokraj and others filed a civil suit for partition of lands listed in schedule B, seeking a one‑sixth share. The High Court held the lands to be Inam lands, and the division bench ruled the partition suit maintainable despite the lands having been abolished under the Andhra Pradesh (Telengana Area) …

CHANDIGARH ADMINISTRATION AND ANRversusJAGJIT SINGH AND ANR. ETC.

1995 INSC 16Appeal(s) allowed

The Chandigarh Administration auctioned a plot in 1975, awarding the lease‑hold to the respondents who paid 25% of the price but later defaulted on instalments, leading to cancellation of the lease and forfeiture of part of the premium. After a series of appeals, reviews and a refund of the balance, …

METAL BOX INDIA LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS

1995 INSC 17Case Partly allowed

Metal Box India Ltd., a manufacturer of metal containers, sold its goods to Ponds (I) Ltd., a wholesale buyer, under agreements that allowed interest‑free advances and trade discounts. The tax authorities treated the contract price as the net price after discounts and omitted the value of the …

DR. BAL KRISHNA AGARWALversusSTATE OF UITAR PRADESH AND ORS.

1995 INSC 18Appeal(s) allowed

Dr. Bal Krishna Agarwal, appointed as Professor by direct recruitment on 9 November 1984, challenged the Executive Council of Allahabad University’s decision that placed him junior to two colleagues promoted under the Personal Promotion Scheme. The High Court dismissed his writ on the ground that an …

RAJESWARI AMMA AND ANR.versusJOSEPH AND ANR.

1995 INSC 19Appeal(s) allowed

The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were …

KARNAIL SINGHversusANIL KUMAR AND ANR.

1995 INSC 20Dismissed

The appellant purchased a share of joint family property from his sister Neeru, who sold it by a registered deed on 22 January 1985. The brother, Anil Kumar, who was not a party to the sale, filed a suit for pre-emption under clause (ii) of Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The …

SMT. PREM LATA AND ANR.versusMIS ISHAR DASS CHAMAN LAL AND ORS .

1995 INSC 21Appeal(s) allowed

The appellants, the widow and alleged son of a deceased partner, sought the accounts of an unregistered partnership firm that had dissolved upon the partner's death. They invoked Clause 16 of the partnership deed, which mandated referral of any dispute to named arbitrators, and filed a suit under …

CHIEF MEDICAL OFFICERversusKHADEER KHADRI

1995 INSC 22Appeal(s) allowed

The respondent, a government employee who joined service in 1951, claimed that his date of birth recorded as 14 November 1933 was incorrect and sought correction to 15 July 1934 in 1991. The Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984 required an …

AYUB KHANversusDEEP KUMAR CHAWLA AND ORS. ETC.

1995 INSC 23Dismissed

Ayub Khan purchased a family property from Gopal Krishan Chawla, the Karta of a Hindu joint family, after obtaining a decree for specific performance. The Karta's children, including his daughters Meeka and Madhu, and the tenants of the property filed suits claiming pre-emption under the Punjab …

NATWAR TEXTILE PROCESSORS PVT. LTD. AND ANR.versusUNION OF INDIA AND ORS.

1995 INSC 13Disposed off

The Central Excise Authorities issued a show‑cause notice on 28 December 1983 alleging that Natwar Textile Processors had removed cotton fabrics worth Rs 62 crore without paying excise duty. The appellant repeatedly challenged the notice through writ petitions, Special Leave Petitions and appeals, …

U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.

1995 INSC 14Disposed off

The Supreme Court considered an appeal by U.P. Jal Nigam challenging the contention of several applicants that the selection committee it constituted to interview candidates for recruitment under the Service of Engineers (Public Health Branch) Regulations, 1977 was not authorized. The applicants …

SIRI PALversusHARYANA STATE ELECTRICITY BOARD

1995 INSC 15Dismissed

Siri Pal, a lineman with the Haryana State Electricity Board, obtained an AMIE qualification (equivalent to a B.E.) in March 1992 and sought an out‑of‑turn promotion to Junior Engineer based on a Board promotion policy dated 22 April 1980, which granted such promotions to degree‑qualified employees. …

STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA

1995 INSC 10Disposed off

Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, …

M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.

1995 INSC 11Dismissed

The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, …

R.D. HATTANGADIversusMIS. PEST CONTROL (INDIA) PVT. LTD. AND ORS.

1995 INSC 12Appeal(s) allowed

R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for …

MIS. UNITED GLASS, BANGALOREversusCOLLECTOR OF CENTRAL EXCISE

1995 INSC 8Dismissed

M/s United Glass, a bottling unit of the Khoday Group, filed price lists for various bottle types that were deemed far below cost. The excise authorities re‑determined the values under Rule 7 of the Central Excise (Valuation) Rules, 1975, after finding the appellant’s prices unacceptable. The …

SHRI HARISH TANDONversusTHE ADDL. DISTRICT MAGISTRATE, ALLAHABAD, U.P. AND ORS.

1995 INSC 7Appeal(s) allowed

The appellant, Harish Tandon, sought eviction of tenants occupying a shop in Allahabad after the original tenant died and his heirs continued the business. The heirs admitted the original tenant's son‑in‑law as a partner in the firm, which the landlord claimed created a deemed vacancy and deemed …

GIANI DEVENDAR SINGH SANT SEPOY SINGHversusUNION OF INDIA AND ANOTHER

1995 INSC 5Dismissed

The petitioner filed a public‑interest litigation alleging that an oil mill near a Gurudwara was being used for smuggling narcotic drugs and that various officials, including a High Court judge, were corrupt. The Madhya Pradesh High Court issued a vague, sweeping order directing the stoppage of such …

MUKHTIAR SINGH AND ANR. ETC.versusSTATE OF PUNJAB ETC.

1995 INSC 6Remitted to Lower Court

Eleven accused were tried before the Special Court, Ferozepur for murder and related offences under the IPC and Arms Act. The trial court convicted some and acquitted others but its judgment contained only conclusions without any discussion of evidence or reasons. Appeals were filed under Section 14 …

SALES TAX COMMISSIONER ETC. ETC.versusB.G. PATEL ETC. ETC.

1995 INSC 3Dismissed

The case concerned promotion of senior clerks belonging to Scheduled Tribes in Gujarat civil services. Several posts reserved for STs were vacant because no candidates possessed the full experience prescribed in Rule 11‑A of the Gujarat Civil Services Classification and Recruitment (General) Rules, …

STATE OF RAJASTHANversusSEVANIVATRA KARAMCHARI HITKARI SAMITI

1995 INSC 4Appeal(s) allowed

The Rajasthan Service Rules, 1951 were amended in 1964 to introduce a liberalised family pension scheme (Rule 268‑H) that could be elected only by government servants who were in service on 29 February 1964 or who joined thereafter. The Sevanivatra Karamchari Hitkari Samiti, an association of …

STATE OF ORISSAversusSANGRAM DAS

1995 INSC 1Appeal(s) allowed

The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed …

BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.

1995 INSC 2Dismissed

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

SRI RAJ RAJESHWARI PRASAD SINGHversusSH. SHASHI BHUSHAN PRASAD SINGH AND.ORS.

1993 INSC 252Dismissed

The appellant, a grandson, sought to reopen a preliminary ex‑parte decree in a title suit concerning a Hindu joint family property, claiming that his grandmother's life estate under a 1942 compromise decree had become an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, and that …