P.A.THOMAS AND ANR.versusM. MOHAMMED TAJUDDIN AND ANR.
1996 INSC 107719 September 1996Dismissed
The appellant, P.A. Thomas, was let an open land under a lease and later converted his sole proprietorship into a partnership named 'P.A. Thomas and Co.' with his son and another partner. The Supreme Court examined whether, under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922, the appellant remained a …
DR. CHIITARANJAN SHARMA AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ANR.
1996 INSC 107819 September 1996Dismissed
The Supreme Court examined the absorption of staff from the H.I.M. Ayurvedic Degree College, which had been taken over by the Himachal Pradesh government. The college employees were to be regularised only if they satisfied qualifications, age, and were appointed before the takeover, as per the agreement and a screening…
MEERUT DEVELOPMENT AUTHORITY ETC.versusSATBIR SINGH AND ORS. ETC.
1996 INSC 107919 September 1996Dismissed
The Meerut Development Authority sought to acquire land for a housing scheme and had issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 11 June 1985 and a declaration under Section 6 on 13 June 1985, i.e., simultaneously. The respondents challenged the validity of the simultaneous publication…
DHARAMBIR SINGHversusUNION OF INDIA AND ORS.
1996 INSC 108119 September 1996Dismissed
Dharmabir Singh applied for a prospecting licence and mining lease for limestone deposits in Haryana, claiming a preferential right under Section 11 of the Mines and Minerals (Regulation & Development) Act, 1957. The State Government notified the area under Rule 59 of the Mineral Concession Rules, 1960, and the Central…
NIRMAL SINGH ETCversusSTATE OF HARYANA
1996 INSC 89819 August 1996Disposed off
The murder case arising from FIR No. 89 dated 16 July 1994 was investigated by the CBI, which charged fourteen persons including Nirmal Singh. After being denied bail repeatedly, the Sessions Judge, Ambala, granted interim bail on 11 May 1996 without the prosecution present. The High Court stayed that bail and, on 28 M…
UNION OF INDIA AND ORS.versusSHRI PARMANAND
1996 INSC 90019 August 1996Dismissed
The respondent, originally appointed as a Junior Engineer in the Central Public Works Department (CPWD) in 1977, was later selected as an Assistant Engineer by the U.P.S.C. in 1982 and appointed in 1987. The dispute concerned whether, after 18 years of service in CPWD, he should be absorbed in that department or alloca…
SOHAN SINGHversusSARWAN SINGH AND ORS.
1996 INSC 90119 August 1996Dismissed
The petitioner and respondent entered into a sale agreement for land on June 14, 1986, with a total price of Rs.85,000 per killa, Rs.6,000 paid as earnest money and the balance of Rs.64,000 to be paid in cash at registration by July 15, 1987. At registration, the respondent presented a bank draft for the balance, but t…
HIRABAIversusHANUMANTH KRISHNAJI BHIDE AND ORS.
1996 INSC 90219 August 1996Dismissed
The petitioner, Hirabai, challenged the sale of her 8 acres of agricultural land that had been attached and sold under execution of a money decree. She argued that the proclamation of sale under Order 21 Rule 66 of the CPC was invalid because it did not contain a valuation of the property and alleged material irregular…
KRISHNA DASS AGARWALversusKANHAIYALAL
1996 INSC 75419 July 1996Dismissed
Krishna Dass Agarwal sued Kanhaiyalal to enforce a pre-emption right over a house Kanhaiyalal had purchased, relying on an alleged agreement, the Gwalior Pre-emption Act (Samvat 1992) and a customary right. The trial court decreed in favour of the plaintiff, but the defendant appealed. While the appeal was pending, the…
DR. D.C. SAXENAversusHONBLE THE CHIEF JUSTICE OF INDIA
1996 INSC 75319 July 1996Disposed off
Dr. D.C. Saxena filed a public‑interest writ petition seeking recovery of funds from the Prime Minister, which was dismissed by a bench headed by the Chief Justice of India. He then filed a second writ petition directly against the Chief Justice, alleging bias, procedural improprieties, misuse of official facilities an…
J.N. GANATRAversusMORVI MUNICIPALITY, MORVI
1996 INSC 75519 July 1996Appeal(s) allowed
J.N. Ganatra, an overseer with Morvi Municipality, was dismissed by a resolution dated 1 December 1970 without the procedure prescribed in Rule 35 of the Morvi City Municipal Officers and Servants Conduct, Discipline, Dismissal, Penalty and Appeal Rules, 1960. He filed a civil suit challenging the dismissal; the trial …
STATE OF WEST BENGAL AND ORS. ETC.versusMONLRUJJAMAN MULLICK AND ORS. ETC.
1996 INSC 75619 July 1996Dismissed
Instructors employed on a part‑time basis in non‑formal education centres in West Bengal were paid a modest monthly honorarium and taught for two hours a day. They filed a writ petition seeking the same pay scales and allowances as regular primary school teachers, invoking the constitutional principle of "equal pay for…
THE STATE OF MADHYA PRADESH AND ORS.versusM/S. BINDAL AGRO CHEMICAL LTD. AND ANR.
1996 INSC 75719 July 1996Appeal(s) allowed
The State of Madhya Pradesh appealed against a High Court order that had allowed M/s. Bindal Agro Chemical Ltd. to claim subsidies under a 1986 state notification. The company had purchased a vanaspati factory originally licensed for Dewas and obtained Central Government permission to shift the licence to Mandideep. Th…
STATE OF PUNJABversusLABH SINGH ETC
1996 INSC 75819 July 1996Dismissed
The State of Punjab appealed the acquittal of Labh Singh and others under the Narcotic Drugs and Psychotropic Substances Act, 1985, arguing that the trial court erred by not considering the violation of Section 50, which mandates that an accused be informed of his right to be searched in the presence of a gazetted offi…
S.R. BHANRALEversusUNION OF INDIA AND ORS.
1996 INSC 75919 July 1996Disposed off
S.R. Bhanrale, an employee of the Department of Telecommunications, retired in July 1984 and claimed his pension, death-cum-retirement gratuity, G.P.F., encashment of earned leave, increment arrears, special pay and other retirement benefits. The Union of India failed to pay these dues within the statutory deadline, pr…
STATE OF KARNATAKA AND ORS.versusV.B. HIREGOWDAR
1996 INSC 76019 July 1996Appeal(s) allowed
V.B. Hegowdar, a government employee in Karnataka's Department of Child Development, was found guilty of irregularities in fund release and was reduced in rank on 10 April 1990. He challenged the punishment before the Karnataka Administrative Tribunal, which initially upheld the order but later, on review, set it aside…
SHISH RAM AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ORS.
1996 INSC 76119 July 1996Appeal(s) allowed
The case concerned promotion eligibility in the Himachal Pradesh service where Head Clerks (appellants) and Accountants (respondents) had differing pay scales and seniority. Initially, Accountants drew a higher pay scale, but subsequent statutory rules under the proviso to Article 309 raised the Head Clerks' pay and cr…
PANCHAYAT VARGA SHARMAJIVI SAMUDAIK SAHAKARI KHEDUT COOP. SOCIETY LTD. AND ORS.versusHARIBHAI MEVABHAI AND ORS.
1996 INSC 76219 July 1996Appeal(s) allowed
The Panchayat Varga Sharmajivi Samudaik Sahakari Khedut Co‑op Society Ltd. (appellants) sought assignment of 300 acres of waste land vested in the Gram Panchayat for the economic empowerment of its labourer and Scheduled Caste members. The Gram Panchayat passed a unanimous resolution requesting the District Collector t…
HARYANA URBAN DEVELOPMENF AUTHORITY & ANR.versusER. HARSH JAIN & ORS .
1996 INSC 76319 July 1996Appeal(s) allowed
The Haryana Urban Development Authority (HUDA) allotted an industrial plot to the respondent through a Provisional Letter of Allotment (PLA) dated 29 October 1991 at Rs. 60.50 per sq. yard. The respondent failed to complete the required formalities within the stipulated period and sought an extension, for which HUDA gr…
SMT. RAJESHWARI DEVI ETC.versusSTATE OF U.P.
1996 INSC 55219 April 1996Case Partly allowed
The deceased Sudha was shot dead in her husband Santosh Singh's house in 1982. The husband was seen with a gun and, together with eyewitness testimony, was convicted of murder under Section 302 IPC. The father‑in‑law Onkar Singh and mother‑in‑law Rajeshwari were also convicted of murder under Section 302 read with Sect…
ALL MANIPUR GOVERNMENT COLLEGES TEACHERS ASSOCIATIONversusALL MANIPUR COLLEGE TEACHERS ASSOCIATION AND ORS.
1996 INSC 55419 April 1996Disposed off
The All Manipur Government Colleges Teachers Association challenged a Government order that counted service in taken‑over private colleges towards promotion to Director, alleging discrimination against government lecturers and principals. The petitioners argued that principals of private colleges were promoted without …
JAI RAM SHARMAversusJAMMU DEVELOPMENT AUTHORITY
1996 INSC 55719 April 1996Appeal(s) allowed
Jai Ram Sharma, a regular Office Superintendent in the Jammu Development Authority, claimed that he was entitled to be considered for promotion to Public Relations Officer before a deputationist senior stenographer, P.N. Jalla, was promoted. The vacancy arose while Jalla was on deputation, and the Authority promoted Ja…
R.S. RAWATversusUNION OF INDIA AND ANR.
1996 INSC 55819 April 1996Disposed off
The appellant, a Havildar of the Indo‑Tibetan Border Police, was deputed to the Intelligence Bureau and on 26 February 1982 was absorbed as a Junior Intelligence Officer (JIO) Grade II. He claimed that his substantive rank in the parent department, JIO Grade I, entitled him to be absorbed as JIO Grade I and alleged a d…
STATE OF MADHYA PRADESH AND ANR.versusSHAKRI KHAN
1996 INSC 55919 April 1996Disposed off
The respondent, a Lower Division Clerk appointed before 1973, claimed two advance increments after passing the Hindi type‑writing test in December 1979, relying on various government instructions. The State had introduced a scheme granting such increments only to clerks who passed the test before a cut‑off date of 30 J…
LAXMIKANT AND ORS.versusSATYAWAN AND ORS.
1996 INSC 40919 March 1996Appeal(s) allowed
The appellants, who had acquired a lease of a plot from the Nagpur Improvement Trust, failed to commence and complete construction within the time limits stipulated in the lease, leading to cancellation of the allotment. The Trust put the plot up for auction; the respondent was the highest bidder up to the second round…
BAIJ NATH AND ORS.versusTHE STATE OF PUNJAB AND ANR.
1996 INSC 41019 March 1996Appeal(s) allowed
The appellants, teachers in Punjab high schools, obtained post‑graduate degrees and claimed entitlement to the higher pay scale designated for lecturers, relying on Government letters dated 23 July 1957 and 20 September 1979. The Punjab & Haryana High Court rejected their claim, holding that the lecturer post was not p…
SH. A.S. NARAYANA DEEKSHJTULU ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS.
1996 INSC 41119 March 1996Dismissed
The Supreme Court examined the constitutionality of Sections 34, 35, 36, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which abolished hereditary rights of archakas, mirasidars, gamekars and other temple office‑holders. The petitioners, hereditary priests, co…
IMPERIAL CHIT FUNDS (P) LTD.versusINCOME TAX OFFICER, ERNAKULAM
1996 INSC 41219 March 1996Dismissed
Imperial Chit Funds Ltd., a company in liquidation, was served with a tax demand of Rs.1,027 by the Income Tax Officer after winding‑up proceedings had begun. The Official Liquidator argued that the tax claim could not be enforced until the claim was proved in the winding‑up process, invoking the Companies Act’s scheme…
UNION OF INDIA AND ORS. ETC.versusM/S. BANGALORE WIRE RED MILLS ETC.
1996 INSC 41319 March 1996Dismissed
M/s Bangalore Wire Red Mills imported a high reversible mill in 1982 and warehoused it without paying duty, executing a bond under Section 59(1) of the Customs Act, 1962. A notice dated 7 March 1985 required clearance within fifteen days, but the goods were only cleared on 9 September 1988, at which time duty was paid …
DELHI SCIENCE FORUM AND ORS. ETC.versusUNION OF INDIA AND ANR.
1996 INSC 27519 February 1996Dismissed
The petitioners challenged the Central Government’s exercise of power under Section 4(1) of the Indian Telegraph Act, 1885 to grant licences to private companies for establishing and operating telecommunication services, arguing that the privilege was exclusive to the Government and that the procedure, including a capp…
LIFE INSURANCE CORPORATION OF INDIAversusCOMMISSIONER OF INCOME TAX
1996 INSC 27719 February 1996Appeal(s) allowed
The Life Insurance Corporation of India (LIC) received a large income‑tax refund for the life‑insurance business in the assessment year 1963‑64, which it claimed should be treated as a profit and deducted under Rule 2(1)(b) of the Income‑Tax Act. The tax authorities argued that only the portion of the refund that had b…
FERTILIZER CORPORATION OF INDIAversusUNION OF INDIA AND ORS.
1996 INSC 27619 February 1996Appeal(s) allowed
The respondent, D.K. Jain, a member of the Indian Audit and Accounts Service, was appointed Director (Finance) of Fertilizer Corporation of India (FCI) for a term of five years under Article 69 of the corporation's Articles of Association. He later accepted a two‑year appointment as Director (Finance) of Cement Corpora…
PADMINI CHANDRASEKHARAN (SINCE DECEASED) THROUGH LRS.versusR. RAJAGOPAL REDDY (SINCE DECEASED) THROUGH LRS. AND ORS.
1996 INSC 28019 February 1996Dismissed
Padmini Chandrasekharan filed a suit claiming sole ownership of a house in Gandhi Nagar, Madras, and sought an injunction against R. Rajagopal Reddy. The dispute centered on whether the second defendant, Venugopal Reddy, was a benamidar for Rajagopal Reddy under the Benami Transactions (Prohibition) Act, 1988, and whet…
DEV RAJ (DEAD) THROUGH L.RS.versusHARBANS SINGH (DEAD) THROUGH L.RS.
1996 INSC 28219 February 1996Appeal(s) allowed
The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor obtained mutation of…
BANK OF BARODAversusRAJENDER PAL SONI
1996 INSC 28319 February 1996Appeal(s) allowed
The respondent, an employee of Traders Bank, tendered his resignation on the same day the bank sought to terminate his service by offering three months' pay in lieu of notice and returned the cheque. Traders Bank was later amalgamated with Bank of Baroda under Section 45 of the Banking Companies Regulation Act, 1949, w…
DIRECTOR OF ENFORCEMENTversusM/S M.C.T.M. CORPORATION PVT. LTD. AND ORS.
1996 INSC 10019 January 1996Appeal(s) allowed
The Directorate of Enforcement prosecuted M.C.T.M. Corp. Ltd. and its directors for failing to repatriate foreign exchange held in Malaysia for over fifteen years, alleging contravention of Section 10(1)(a) of the Foreign Exchange Regulation Act, 1947 (FERA) and imposing penalties under Section 23(1)(a). The Appellate …
RESERVE BANK OF INDIA AND ORS.versusPEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. AND ANR.
1996 INSC 10119 January 1996Appeal(s) allowed
The Supreme Court examined whether the Reserve Bank of India (RBI) could, under Section 45K(3) of the Reserve Bank of India Act, issue Paragraph 4A of the 1987 Directions prohibiting residuary non‑banking companies from levying processing or maintenance charges on depositors. Peerless General Finance & Investment Co. L…
CHERAN TRANSPORT CORPORATION LTD. COIMBATOREversusREGIONAL TRANSPORT AUTHORITY COIMBATORE AND ORS.
1996 INSC 10319 January 1996Appeal(s) allowed
The Regional Transport Authority (RTA) of Coimbatore, using a marking system, awarded 11 marks to the State Transport Undertaking (Cheran Transport Corporation Ltd.) and 6 marks to a private operator (N.T. Arasu) for the Coimbatore‑Kottur stage‑carriage route, rejecting the private operator's renewal application. The S…
MULAK RAJ AND ORS .versusSTATE OF HARYANA
1996 INSC 10419 January 1996Appeal(s) allowed
Krishna Kumari, a well‑educated teacher, was found burnt in the kitchen of her matrimonial home about two months after her marriage. The prosecution alleged that her father‑in‑law, husband, sister of the husband and sister‑in‑law killed her over dowry demands, relying on motive, alleged extra‑judicial confessions, thei…
SMT. JAYA DEVIversusTHE STATE OF BIHAR AND ORS.
1996 INSC 10519 January 1996Appeal(s) allowed
Smt. Jaya Devi, an assistant teacher, was terminated by the Bihar Directorate of Education in 1990 and successfully obtained reinstatement through a writ petition before the Patna High Court. In a later, unrelated writ petition filed by another teacher, the same High Court judge, believing his earlier order to be erron…
STATE OF HARYANA AND ORS.versusD.L. UPPAL
1996 INSC 10619 January 1996Appeal(s) allowed
The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending determination of the correct sc…
AHMEDABAD MUNICIPAL CORPN. ETC. ETC.versusSHARDABEN AND ORS. ETC. ETC.
1996 INSC 10719 January 1996Dismissed
The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the City Civil Court to enh…
D.K. BASUversusSTATE OF WEST BENGAL
1996 INSC 150818 December 1996Disposed off
The Supreme Court entertained a public‑interest writ petition filed after media reports of deaths and torture in police lock‑ups, seeking guidelines for preventing custodial violence and for awarding compensation to victims or their families. The Court held that torture, rape and death in police custody violate Article…
PEOPLE'S UNION FOR CIVIL LIBERTIES {PUCL)versusUNION OF INDIA AND ANR.
1996 INSC 150918 December 1996Disposed off
The People's Union for Civil Liberties filed a public‑interest writ petition challenging the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885, which permits telephone interception in cases of public emergency or public safety. The petition argued that telephone tapping infringes the right to pr…
AMBALAL SARABHAI ENTERPRISES LTD. AND ORS.versusPRAKASH CHANDRA ARYA
1996 INSC 151018 December 1996Disposed off
Ambalal Sarabhai Enterprises Ltd. and others appealed against a decree appointing a Receiver over premises occupied by the respondent, Prakash Chandra Arya. The Calcutta High Court Division Bench had declined to interfere with the single judge’s order appointing the Receiver. The Supreme Court, exercising its special l…
JASP AL SINGH AND ANR.versusUNION OF INDIA AND ANR.
1996 INSC 151118 December 1996Dismissed
The Supreme Court heard an appeal by Jaspal Singh and another against the Union of India concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired for a cantonment extension in Amritsar. The appellants claimed loss of earnings from their poultry business under clause fourthly of Section 23(…
LIFE INSURANCE CORPORATION OF INDIA AND ORS.versusTHE CENTRAL INDUSTRIAL TRIBUNAL, JAIPUR AND ORS.
1996 INSC 131918 November 1996Appeal(s) allowed
The Supreme Court examined an order of removal of a workman by the employer, which had been challenged before the Central Industrial Tribunal. The workman died while the tribunal proceedings were pending, and the tribunal had directed payment of wages from the date of dismissal to the date of death. Relying on its earl…
R. THIRUVIRKOLAMversusPRESIDING OFFICER AND ANR.
1996 INSC 132018 November 1996Dismissed
The appellant, a technician employed by Madras Fertilizers Ltd., was dismissed on 18 November 1981 after a domestic inquiry that was later held defective by the Labour Court. The Labour Court, however, allowed the employer to prove misconduct and, on its own appraisal of the evidence, upheld the dismissal, issuing its …
M/S BENGAL WATERPROOF LIMITEDversusMIS BOMBAY WATERPROOF MANUFACTURING CO. AND ANR.
1996 INSC 132118 November 1996Appeal(s) allowed
Bengal Waterproof Ltd., holder of the registered trademark ‘Duck Back’, sued Bombay Waterproof Manufacturing Co. for infringement and passing off. The first suit (1980) was dismissed, and a second suit (1982) was filed alleging continuous infringement after the first suit. The trial court and High Court held the second…
STATE OF PUNJAB AND ORS.versusLAL SINGH AND ORS.
1996 INSC 132318 November 1996Appeal(s) allowed
The appellants, who were JBT Teachers appointed temporarily as Head Teachers, claimed an advance increment for the period of their temporary promotion. The dispute centered on which pay‑scale the advance increment should be drawn from – the scale of the temporary post (Head Teacher) or that of their substantive post (J…
NIVARTI GOVIND INGALE AND ORS.versusRAVANAGOUDA BHIMANGOUDA PATIL
1996 INSC 132418 November 1996Appeal(s) allowed
Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the reconveyance deed, prompting…
PARSHOTAM SINGH (DEAD) THROUGH LRS.versusHARBANS KAUR AND ANR.
1996 INSC 132718 November 1996Appeal(s) allowed
Bakhtawar Singh died leaving his son Harsukhjit Singh and widow Pritam Kaur. Harsukhjit succeeded to property inherited from his grandfather and to a portion of his mother's self‑acquired property, which he later blended. After Harsukhjit’s death, his sons Parshotam Singh (appellants) and Lakhmir Singh (respondents) di…
BRIG. SAWAI BHAWANI SINGHversusM/S. INDIAN HOTELS COMPANY LTD.
1996 INSC 132818 November 1996Dismissed
The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the appointment of a re…
UNION OF INDIA AND ORS.versusMAHENDER SINGH AND ORS.
1996 INSC 132918 November 1996Appeal(s) allowed
The respondents, who served as temporary drivers (Security Assistants Motor Transport) in the Intelligence Bureau from April 24, 1986 to October 5, 1988, filed an application for regularisation of their services. The Central Administrative Tribunal directed that they be regularised with relaxation of age and educationa…
GOVERNMENT OE INDIA REPRESENTED BY THE SECRETARYversusK.V. SWAMINATHAN
1996 INSC 133018 November 1996Appeal(s) allowed
K.V. Swaminathan applied for a freedom‑fighter pension, which was pending for a long period. The government, after giving him the benefit of doubt, granted the pension on 18 November 1989. Swaminathan filed a writ petition seeking the pension to be backdated to the date of his application. The Madras High Court ordered…
RAMARAVALUGAVADEversusSATABA GAVADU GAVADE (DEAD) THROUGH LRS. AND ANR.
1996 INSC 133118 November 1996Appeal(s) allowed
The appellant, an illiterate farmer, sought to bring his legal representatives on record after his uncle, a party to a civil suit, died pending appeal, causing the original appeal to abate. The High Court dismissed the application to condone the delay, citing lack of proper explanation, and upheld the abatement. The ap…
BIHAR STATE ELECTRICITY BOARDversusAKHIL KRISHNA MITRA AND ORS.
1996 INSC 133218 November 1996Disposed off
The employee was appointed as a Bihar Government servant in June 1950 and was sent on deputation to the Bihar State Electricity Board (BSEB) in August 1959, later being absorbed by the Board in 1970 and retiring in 1984. The dispute concerned whether the BSEB was liable to pay the employee's pension for the deputation …
STATE OF KERALA ETC.versusGURUVAYUR DEVASWOM MANAGING COMMITTEE AND ORS. ETC.
1996 INSC 133318 November 1996Dismissed
The State of Kerala challenged a Kerala High Court order that sanctioned Rs 7,10,212 spent by Shri Raghavan, the Administrator of the Guruvayur Devaswom, on a clerk recruitment examination whose question paper had leaked, and also directed payment of Rs 35,000 as monetary consideration for his exemplary work. The petit…
GHANTESHER GHOSHversusMADAN MOHAN GHOSH AND ORS.
1996 INSC 107118 September 1996Disposed off
The case concerned a residential dwelling house owned by an undivided family. After a partition suit, the widow of a deceased co‑owner obtained a final decree for her one‑third share and later gifted that share to her brother, a stranger to the family, who filed an execution petition. During execution, the legal heir o…
SAROJINI AMMALversusTHE CONTROLLER OF ESTATE DUTY, MADRAS
1996 INSC 107218 September 1996Appeal(s) allowed
UNITED BANK OF INDIAversusSH. NARESH KUMAR AND ORS.
1996 INSC 107318 September 1996Appeal(s) allowed
United Bank of India filed a suit to recover a loan advanced to the respondents. The trial court dismissed the suit on the ground that the plaint was not signed and verified by a competent person. On appeal, the Supreme Court examined whether a company may authorize an officer or ratify the signing of pleadings under O…
JAIPUR DEVELOPMENT AUTHORITYversusMAHAVIR HOUSING CO-OP., SOCIETY, JAIPUR ETC.
1996 INSC 106918 September 1996Appeal(s) allowed
The Jaipur Development Authority acquired land for an urban development scheme under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer initially awarded compensation of Rs 5,000 per bigha to Jai Ambe Co‑op Housing Society and Rs 7,500 per bigha to Mahavir Co‑op Housing Society. The civil court enha…
UNION OF INDIA AND ANR.versusMADHAV S/0. GAJANAN CHAUBAL AND ANR.
1996 INSC 107018 September 1996Appeal(s) allowed
The Government created a single post of Secretary in the National Savings Scheme Service and applied a 40‑point roster and rule of rotation to reserve vacancies for Scheduled Tribes. When a vacancy at point No. 4 arose, a Scheduled Tribe candidate was to be promoted from the Superintendents, but the Central Administrat…
ALIL MOLLAH AND ANR.versusSTATE OF WEST BENGAL
1996 INSC 75218 July 1996Appeal(s) allowed
The appellants were convicted for the murder of Elem Bux Molla under Sections 302 and 34 of the IPC, based solely on the testimony of a single eye‑witness, PW‑3, who was an employee of the deceased. The Supreme Court examined the witness's conduct, noting that he delayed reporting the incident, gave no prior account to…
INDIAN COUNCIL FOR ENVIRO-LEGAL ACTIONversusUNION OF INDIA AND ORS.
1996 INSC 54318 April 1996
The Indian Council for Enviro‑Legal Action filed a public‑interest writ under Article 32 seeking enforcement of the 19 February 1991 Coastal Regulation Zone (CRZ) Notification and challenging the validity of the 18 August 1994 amendment Notification. The petition alleged widespread non‑implementation of the 1991 Notifi…
BHARAT HEAVY ELECTRICALS LTD. ETC.versusUNION OF INDIA AND ORS. ETC.
1996 INSC 54418 April 1996Disposed off
Bharat Heavy Electricals Ltd (BHEL), a public sector undertaking, manufactured boiler components in its Hyderabad unit and dispatched some to its Tiruchi unit and others directly to the work‑site at Angul, Orissa, for a NALCO power‑plant project. The Andhra Pradesh State began levying Central Sales Tax (CST) on these c…
THE STATE OF PUNJABversusDES RAJ
1996 INSC 54618 April 1996Appeal(s) allowed
The State of Punjab appealed a compensation award granted to Des Raj for land acquired under the Land Acquisition Act, 1894. The original award of Rs. 4,500 per acre was enhanced by the Additional District Judge in 1982 to Rs. 25,000 per acre, and further enhanced by a Single Judge in 1988 to Rs. 43,000 per acre, apply…
DHANNA RAMversusUNION OF INDIA AND ORS.
1996 INSC 54718 April 1996Dismissed
The appellant, a Scheduled Caste candidate, was selected for the post of Goods Clerk/Coaching Clerk under the reserved quota with relaxed standards, but the initial communication erroneously stated he was selected on general standards. The error was later corrected, placing him in the reserved‑quota list; however, no v…
M.P. ELECTRICITY BOARD, JABALPUR AND ORS.versusHARSH WOOD PRODUCTS AND ANR.
1996 INSC 55018 April 1996Appeal(s) allowed
The Madhya Pradesh Electricity Board inspected the meters of Harsh Wood Products and found tampered seals indicating theft of electricity. The Board issued a notice demanding payment of Rs 6,51,256.61 and threatened disconnection of supply. The High Court set aside the demand, holding that the consumer was entitled to …
NAGAR MAHAPALIKA, MEERUTversusM/S. PREM NATH MONGA BOTTLERS PVT. LTD. AND ANR.
1996 INSC 40118 March 1996Dismissed
The Meerut Municipal Corporation attempted to levy octroi on empty glass bottles of the aerated drink "Double Seven" that were brought into the municipal area for refilling. The bottling company contended that the bottles were exempt under Entry 13 of the 1975 Notification, which exempts "mineral water bottles" importe…
SUBHASHGIR KHUSHALGIR GOSAVI AND ORS.versusSPECIAL LAND ACQUISITION OFFICER AND ORS.
1996 INSC 40218 March 1996Dismissed
The petitioners challenged a notification issued under Section 4(1) of the Land Acquisition Act, 1894 for acquiring land in Pandharpur to extend an existing state transport bus stand and depot. They argued that the land, reserved for residential use under the Maharashtra Regional Town Planning Act, 1966, could not be u…
DR. G.N. KHAJURIA AND ORS.versusD.D.A. AND ORS.
1996 INSC 40318 March 1996IA disposed
The petitioners, Dr. G.N. Khajuria and others, challenged the continued occupation of a school built on land originally earmarked for a park by the Delhi Development Authority (DDA). The Supreme Court had directed the dismantling and vacation of the school, but the DDA sought to delay compliance. The Delhi High Court, …
TELECOM DISTRICT MANAGER, GOA AND ORS.versusV.S. DEMPO & CO. AND ORS.
1996 INSC 40418 March 1996Dismissed
The case concerned two telephone billing disputes (Rs. 99,196 and Rs. 71,280) between the telecom authority and V.S. Dempo & Co. The Union of India argued that, under its administrative instructions, a subscriber must first obtain a court direction before the dispute can be referred to an arbitrator under Section 7B of…
STATE OF ORISSAversusDIVISIONAL MANAGER, LIC AND ANR.
1996 INSC 40518 March 1996Appeal(s) allowed
Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the Supreme Court, arguing …
HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.versusINDERJEET SAWHNEY
1996 INSC 9218 January 1996Appeal(s) allowed
The Haryana State Industrial Development Corporation Ltd. (HSIDC) offered Inderjeet Sawhney a provisional allotment of one acre of industrial land in 1984, subject to fulfillment of pre‑requisites and a final allotment letter. Sawhney failed to meet those conditions, and the parties later agreed that he would accept tw…
M/S. ALANKAR GRANITES INDUSTRIES AND ORS.versusP.G.R. SCINDIA, MLA AND ORS.
1996 INSC 9118 January 1996Dismissed
The Karnataka Government, after amending Rule 3A of the Karnataka Minor Mineral Concession Rules, 1969 to relax a prohibition on quarry leases for certain granites, issued an order on 18 June 1991 granting 203 quarry leases under Rule 3. The petitioners challenged these grants, arguing they violated the prohibition in …
PURAN SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.
1996 INSC 9318 January 1996
The appellants filed a writ petition under Articles 226 and 227 of the Constitution challenging an order of the Additional Director, Consolidation of Holdings, Punjab, relating to land allocation under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. During the pendency of the petitio…
VASAVADATTA CEMENTS ETC.versusSTATE OF KARNATAKA AND ANOTHER
1996 INSC 9518 January 1996Appeal(s) allowed
Vasavadatta Cements, a cement manufacturer, challenged the constitutional validity of Section 5(3‑D) of the Karnataka Sales Tax Act, 1957, which made packing material (gunny/plastic bags) taxable. The Karnataka High Court dismissed the challenge, relying on Ranganatha Associates and the Supreme Court’s decision in Rajs…
LIFE INSURANCE CORPORATION OF INDIAversusSHIVA PRASAD TRIPATHI AND ORS.
1996 INSC 9618 January 1996Appeal(s) allowed
Shiva Prasad Tripathi, a former employee of Life Insurance Corporation of India, was allotted corporation premises which he was required to vacate after his service ended. He refused to leave, prompting the Estate Officer to issue a notice and subsequently an eviction order under Section 7 of the Public Premises (Evict…
M/S. MURLIDHAR SHYAMLAL AND ANR .versusSTATE OF ASSAM
1996 INSC 9718 January 1996Dismissed
Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued that Section 19(2) of…
RADHIKA DEVIversusBAJRANGI SINGH AND ORS.
1996 INSC 9818 January 1996Dismissed
The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was fraudulent and therefore …
SH. S.V. BHIMA BHATIA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.
1996 INSC 9918 January 1996Disposed off
The appellants, government servants who continued in service beyond the normal superannuation age due to a fluctuation in the retirement age, claimed that their pension should be calculated on the basis of the age of 60, including the residue period they served. The State argued that pension should be computed as of th…
BALIRAM PRASADversusUNION OF INDIA AND ORS.
1996 INSC 149517 December 1996Appeal(s) allowed
Baliram Prasad appealed against the appointment of respondent No. 7 as Extra Department Branch Post Master, alleging that he was more meritorious. The Central Administrative Tribunal dismissed his petition on two grounds: the application was filed after the one‑year limitation period and the appellant was disqualified …
STATE OF UTTAR PRADESHversusRUP LAL SHARMA AND OTHERS
1996 INSC 149617 December 1996Appeal(s) allowed
Rup Lal Sharma, a retired government servant, continued to occupy a government‑allotted quarter after retirement. The State of Uttar Pradesh sought eviction under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972, but the prescribed authority dismissed the first application on the ground that the …
ASIA FOUNDATION AND CONSTRUCTION LTD.versusTRAFALGAR HOUSE CONSTRUCTION (I) LTD. AND ORS.
1996 INSC 149717 December 1996Appeal(s) allowed
The Paradip Port Trust awarded a contract for constructing a coal‑handling wharf to AFCONS (the appellant) after the Asian Development Bank (ADB) indicated that only AFCONS could secure the loan. Respondent No. 1 (Trafalgar House) challenged the award, arguing that it was the lowest evaluated bidder and that the award …
UNION OF INDIA AND ORS.versusP. JAGDISH AND ORS.
1996 INSC 149817 December 1996Dismissed
The respondents, senior clerks promoted to head clerks, claimed that their pay should be fixed on a notional basis as if they had received a special allowance of Rs.35 per month that was granted only to senior clerks posted in identified arduous posts. The Central Administrative Tribunal, on equitable grounds, directed…
MEDIWELL HOSPITAL AND HEALTH CARE PVT. LTD.versusUNION OF INDIA AND ORS.
1996 INSC 149917 December 1996Appeal(s) allowed
The appellant, a privately run Modern Heart Institute and Research Centre, applied for a certificate under Notification No. 64/88‑Customs (issued under Section 25 of the Customs Act, 1962) to import sophisticated hospital equipment without paying customs duty. The Director General of Health Services refused the certifi…
HARYANA URBAN DEVLOPMENT AUTHORITY AND ANR.versusRANJAN DHAMINA AND ANR.
1996 INSC 150017 December 1996Dismissed
The Haryana Urban Development Authority (HUDA) had provisionally allotted an industrial plot to the respondents and later issued a final allotment letter fixing the price at Rs.3,78,250. After the respondents paid the balance, HUDA issued a further notice demanding an additional Rs.4,66,847, invoking Clause 9 of the al…
RAM GANESH TRIPATHI AND ORS.versusSTATE OF U.P. AND ORS.
1996 INSC 150117 December 1996Disposed off
The appellants, who were directly recruited Sahayak Nagar Adhikaris, challenged the Government’s order granting selection grade to ad‑hoc appointees whose services were regularised only on 17 May 1985, despite those appointees being junior to the appellants. The High Court dismissed the petition on the ground that the …
STATE OF RAJASTHANversusKUNJI RAMAN
1996 INSC 150217 December 1996Case Partly allowed
Kunji Raman and 36 other work‑charged employees of the Mahi Sagar Project filed a writ petition alleging that the Rajasthan Service Rules, 1951 and the Rajasthan Service (Concessions on Project) Rules, 1962/1975 were inapplicable to them, depriving them of house‑rent allowance, project allowance and leave encashment. T…
MIS. PSI DATA SYSTEMS LTD.versusCOLLECTOR OF CENTRAL EXCISE
1996 INSC 150317 December 1996Appeal(s) allowed
The Supreme Court examined whether the value of tangible software (discs, floppies, CD‑ROMs) sold together with a computer should be included in the assessable value of the computer for excise duty. The Customs, Excise & Gold (Control) Appellate Tribunal had held that the computer system and its software formed a singl…
SANWAT SINGHversusZAIL SINGLF AND ORS.
1996 INSC 150517 December 1996Appeal(s) allowed
Dalip Kaur sold her land to Jeet Kanwar in 1967. Zail Singh obtained a decree of pre-emption and attempted to take possession of the property, which was then occupied by the appellant who claimed to be a tenant of the vendor since before 1957. The trial court granted a perpetual injunction in favor of the appellant, bu…
STATE OF PUNJAB AND ORS.versusMOHINDER SINGH CHAWLA ETC.
1996 INSC 150617 December 1996Disposed off
A government servant suffering from a heart ailment was permitted to obtain specialized treatment at AIIMS/Escorts Heart Institute because such facilities were unavailable in Punjab state hospitals. He submitted his medical bills for reimbursement, including the actual room rent paid during his inpatient stay, but the …
RAJASTHAN CO-OPERATIVE DIARY FEDERATION LTD.versusSH. MAHA LAXMI MINGRATE MARKETING SERVICE PVT. LTD. AND ORS.
1996 INSC 105917 September 1996Appeal(s) allowed
The Rajasthan Co‑operative Dairy Federation Ltd. issued a Letter of Intent to Sh. Maha Laxmi Mingrate Marketing Service Pvt. Ltd. (respondent No.1) appointing it as a selling agent, subject to conditions including submission of a Rs.15 lakh irrevocable bank guarantee, execution of an agreement, and submission of financ…
STATE OF PUNJABversusM/S. YOGINDER SHARMA ONKAR RAI & CO. AND ORS.
1996 INSC 106017 September 1996Appeal(s) allowed
The Punjab government auctioned liquor vends in March 1996. M/s Yoginder Sharma Onkar Rai & Co. claimed it had made higher bids than the successful bidders and challenged the auction in a writ petition. The High Court Division Bench quashed the auction and ordered a re‑auction, criticizing the Financial Commissioner’s …
IN RE : HARIJAI SINGH AND ANR.versusIN RE : VIJAY KUMAR
1996 INSC 106217 September 1996Disposed off
The Supreme Court entertained contempt petitions filed against the editors and publishers of The Sunday Tribune and Punjab Kesari for publishing a news item that falsely alleged that the sons of a senior Supreme Court judge and the Chief Justice of India had been allotted petrol pumps from a discretionary quota. The Co…
D.K. CHHANGANI AND ORS.versusNITYA RANJAN MUKHERJEE AND ORS.
1996 INSC 106617 September 1996Disposed off
The appeal arose from a Calcutta High Court order concerning the recognition of a rival union of Geological Survey of India employees. The dispute centered on whether the High Court had jurisdiction to review an Industrial Tribunal's decision in Maharashtra regarding the membership and recognition of that union. The Su…
M/S. ESTER INDUSTRIES LTD.versusU.P. STATE ELECTRICITY BOARD AND ORS.
1996 INSC 106817 September 1996Dismissed
The Government of Uttar Pradesh issued a policy on 16 July 1986 granting a 10% developmental rebate on electricity to newly set‑up industries, valid until 1990. Ester Industries Ltd., having established a plant, claimed the rebate, but the Uttar Pradesh State Electricity Board issued a tariff without it, prompting a wr…
DR. SURINDER SINGH JAMWAL AND ANR.versusTHE STATE OF JAMMU AND KASHMIR AND ORS.
1996 INSC 75117 July 1996Disposed off
Dr. Surinder Singh Jamwal and another doctor were appointed on an ad hoc basis in the Jammu & Kashmir health service and had served for more than thirteen years. They filed a petition seeking regularisation of their posts, arguing that their long service created a right to be appointed regularly. The High Court dismiss…
M/S. RAJAKAMAL TRANSPORT AND ANR.versusTHE EMPLOYEES STATE INSURANCE CORPORATION, HYDERABAD
1996 INSC 53817 April 1996Dismissed
M/s. Raikamal Transport engaged hamalis to load and unload goods it transported as a carrier. The Employees' State Insurance Corporation (ESIC) issued notices requiring the company to pay contributions for the hamalis under the Employees' State Insurance Act, 1948. The company contested liability, arguing there was no …
UNION OF INDIA AND ANR.versusSHREE GANESH STEEL ROLLING MILLS LTD. AND ANR.
1996 INSC 53917 April 1996Dismissed
The Union appealed against a Delhi High Court order staying a clause of a circular that reinterpreted the term “date of transfer” in the duty‑free licence rules. The issue arose when Shree Ganesh Steel imported goods under a licence transferred multiple times, and customs objected that the import occurred beyond six mo…
STATE OF HARYANAversusCHANDVIR AND ORS.
1996 INSC 54117 April 1996Dismissed
The case arose from a violent altercation on 21 September 1984 in which the deceased Rajpal was attacked and later died from injuries. The prosecution charged Chandvir and Rohtash (A1 and A2) with murder under Section 302 read with Section 32 of the IPC and also under Section 149 for rioting. The trial court convicted …
SH. RAGHUBIR SINGH AND ORS.versusSTATE OF U.P. AND ORS.
1996 INSC 54217 April 1996Dismissed
The third respondent, a tenure‑holder of agricultural land in Uttar Pradesh, transferred 64 bighas each to the appellants in 1974. The prescribed authority declared those transfers void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, and ordered the surplus land to be surrendered. The a…
AFZAL AND ANR.versusSTATE OF HARYANA AND ORS.
1996 INSC 8417 January 1996Disposed off
Two minor boys were illegally detained by police to coerce a criminal suspect. The Supreme Court ordered the police to file counter‑affidavits denying the detention, but the affidavits were later found to be false and the signature of Superintendent M.S. Ahlawat was forged by a head constable on instructions from senio…
PANNALAL BANSILAL PITTI AND ORS. ETC.versusSTATE OF ANDHRA PRADESH
1996 INSC 8517 January 1996Disposed off
The petitioners, hereditary trustees of several Hindu charitable and religious institutions in Andhra Pradesh, challenged Sections 15, 16, 17, 29(5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, alleging violations of Articles 14, 15, 25 and 26 of the Constitution. …
PADANATHIL RUGMINI AMMAversusP.K. ABDULLA
1996 INSC 8717 January 1996Appeal(s) allowed
The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, the respondent. The e…
HARYANA WAREHOUSING CORPORATIONversusRAM AVTAR AND ANR.
1996 INSC 8817 January 1996Appeal(s) allowed
Ram Avtar, a Mali‑cum‑Chowkidar employed by Haryana Warehousing Corporation, was stopped at the efficiency bar for the years 1988 and 1989 and faced adverse remarks in his 1986‑87 confidential report. He challenged the orders through writ petitions; the High Court dismissed the first petition but allowed the second, di…
KESAVENCHARI GOPALKRISHNAN ACHARIversusVELU ACHARI PAPPUKUTTY ACHARI AND ORS.
1996 INSC 8917 January 1996Dismissed
The case concerned a partition suit over land originally owned by Ummini, whose five sisters inherited his interest and executed an Ottikuzhikanam deed in favour of the first defendant. The first defendant later released his interest to the second defendant, who also obtained a sale deed from a man claiming to be Ummin…
KARNATAKA PUBLIC SERVICE COMMISSIONversusP.S. RAMAKRISHNA
1996 INSC 8017 January 1996Appeal(s) allowed
The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not treated the notice as serv…
THE COMMISSIONER OF COMMERCIAL TAX ANDHRA PRADESH, HYDERABAD AND ANR.versusG. SETHUMADHAVA RAO AND ORS.
1996 INSC 8117 January 1996Appeal(s) allowed
The Commissioner of Commercial Tax appealed against an Andhra Pradesh Administrative Tribunal order that held Rule 22 of the State and Subordinate Service Rules did not apply to appointments by promotion for Scheduled Castes and Scheduled Tribes. The Supreme Court examined Rule 5 of the A.P. Commercial Tax Subordinate …
N. NARASIMHAIAH AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. UNION OF INDIA AND ORS.
1996 INSC 8217 January 1996Dismissed
The State of Karnataka and the Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 114 acres for the Defence Research & Development Organisation, dispensing with the enquiry under Section 5A by invoking Section 17(4) and publishing a declaration under Section 6 on June 2…
STATE OF TAMIL NADU AND ORS.versusL. KRISHNAN AND ORS.
1996 INSC 8317 January 1996Disposed off
The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a scheme need not be comple…
UMRAH KHATOONversusMD. ZAFIR KHAN AND ORS.
1996 INSC 148816 December 1996Appeal(s) allowed
Umrah Khatoon filed a suit claiming an easement right to discharge drain water over the land of Md. Zafir Khan. The trial court decreed in her favour and the first appellate court affirmed the decree. The High Court reversed, holding the suit non‑maintainable because the plaint also asserted title to the land, deeming …
BALBIR CHANDversusTHE FOOD CORPORATION OF INDIA LTD. AND ORS.
1996 INSC 148916 December 1996Dismissed
The petitioner, a manager of the Food Corporation of India, was removed from service after a joint disciplinary enquiry found him guilty of dereliction of duty for failing to verify a fraudulent transport contract obtained by a notorious contractor impersonating another person. The petitioner challenged the validity of…
UNION OF INDIA AND ORS.versusN.R. BANERJEE AND ORS.
1996 INSC 149116 December 1996Dismissed
The case concerned promotion to the post of Senior General Manager in the Indian Ordinance Factories under the Indian Ordinance Factories Service Rules. The Union of India argued that the Central Administrative Tribunal erred by directing the government to ignore the Annual Confidential Reports (ACRs) of 1994 and to co…
THE VICE CHANCELLOR, UNIVERSITY OF ALLAHABAD AND ORS.versusDR. ANAND PRAKASH MISHRA AND ORS.
1996 INSC 149216 December 1996Appeal(s) allowed
The Allahabad University had begun recruitment for two Reader posts before the U.P. Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994 came into force. After the Act became effective (retrospectively from 11 December 1993), the Chancellor directed the Vice‑Chancellor to a…
STATE OF PUNJAB AND ORS.versusDHARAM SINGH
1996 INSC 149316 December 1996Appeal(s) allowed
The State of Punjab initiated disciplinary action against Dharm Singh for failing to report for duty during his suspension from 21 November 1991 to 31 October 1992. An inquiry concluded that his absence was wilful, leading to his removal from service. The Punjab & Haryana High Court set aside the removal on the ground …
KULDIP SINGHversusSTATE OF PUNJAB AND OTHERS
1996 INSC 105716 September 1996Dismissed
Head Constable Kuldip Singh was dismissed from the Punjab Police without a departmental enquiry under proviso (b) of Article 311(2) of the Constitution, on the ground that it was not reasonably practicable to hold an enquiry because witnesses feared for their lives. The dismissal was based primarily on a confession he …
THE PATIALA CENTRAL COOPERATIVE BANK LTD.versusTHE PATIALA CENTRAL COOPERATIVE BANK EMPLOYEES UNION AND ANR. ETC.
1996 INSC 105616 September 1996Appeal(s) allowed
The Patiala Central Cooperative Bank and its employees' union entered into a comprehensive settlement on 28 May 1973, valid for four years, covering pay scales and dearness allowance. After the settlement expired on 31 March 1977, the bank issued a notice on 25 February 1978 under Section 19(2) of the Industrial Disput…
DELHI DEVELOPMENT AUTHORITYversusKANWAR KUMAR MEHTA AND ORS. ETC.
1996 INSC 105816 September 1996Appeal(s) allowed
The Delhi Development Authority (DDA) allotted 5,000 plots in Rohini, Delhi, but a stay ordered by the High Court on land acquisition delayed issuance of allotment letters. After the stay was vacated, the DDA recalculated plot costs using a cost‑of‑living index escalation of 16.62% per annum, whereas the High Court had…
SRI M.A. RAJASEKHARversusTHE STATE OF KARNATAKA.AND ANR.
1996 INSC 89316 August 1996Appeal(s) allowed
The appellant, a Tehsildar, challenged an adverse remark in his 1988‑89 Annual Confidential Report that he "does not act dispassionately when faced with dilemma." The Supreme Court held that adverse remarks must be based on specific instances and the officer must be given an opportunity to respond. Since the remark was…
COMMISSIONER OF INCOME TAX, BOMBAYversusT.P. KUMARAN
1996 INSC 89416 August 1996Appeal(s) allowed
The respondent, an Income‑Tax Officer, was dismissed from service and filed a suit challenging his dismissal. The suit was decreed, resulting in his reinstatement, but the arrears of salary were not paid, prompting a writ petition in the High Court which ordered payment of all arrears. After the arrears were paid, the …
THE SECRETARY, MINISTRY OF WORKS AND HOUSING, GOVERNMENT OF INDIA AND ORS.versusSH. MOHINDER SINGH JAGDEV AND ORS.
1996 INSC 89616 August 1996Appeal(s) allowed
Sh. Mohinder Singh Jagdev was appointed as a Section Officer in the Central Public Works Department in 1956 but was found to have obtained the appointment using false certificates. He was suspended and later terminated on 10 September 1957 under Rule 5 of the Central Government (Temporary) Service Rules, 1949, while cr…
FOOD CORPORATION OF INDIA WORKERS UNIONversusFOOD CORPORATION OF INDIA AND ANR.
1996 INSC 74616 July 1996Disposed off
The Food Corporation of India (FCI) had employed 464 handling mazdoors at its Siliguri depot, first through a contractor, then via a direct‑payment system, and later reverted to the contractor method. The workers, represented by their union, claimed that the re‑introduction of the contractor system was illegal and that…
M/S. KALPETTA ESTATES LTD. ETC. ETC.versusTHE COMMISSIONER OF INCOME-TAX, COCHIN
1996 INSC 74716 July 1996Appeal(s) allowed
The appellants, owners of rubber estates, sold old, unyielding rubber trees during the assessment years 1968-69 to 1978-79. The Income Tax Officer treated the difference between the sale price and the notional price fixed under Section 55(2) of the Income Tax Act as capital gains and also taxed the replantation subsidy…
SRI KRISHNA PVT. LTD. ETC.versusITO CALCUTTA AND ORS.
1996 INSC 74816 July 1996Dismissed
Sri Krishna Pvt. Ltd. claimed large unsecured hundi loans in its return for AY 1959‑60. In the assessment of the subsequent year (AY 1960‑61) the Income Tax Officer discovered that many of those loans were bogus and that the alleged lenders were near relatives of the company’s directors. Relying on this, the Officer is…
COMORIN MATCH INDUSTRIES (PVT.) LTD.versusSTATE OF TAMIL NADU
1996 INSC 53016 April 1996Dismissed
Comorin Match Industries (Pvt.) Ltd. challenged Central Sales Tax assessments for the years 1957-58 to 1965-66 on the ground that the tax was levied on turnover that included excise duty, which the Madras High Court had held to be illegal. The High Court quashed the assessments, but the State of Tamil Nadu did not appe…
SMITH KLINE AND FRENCH (INDIA) LTD. ETC.versusCOMMISSIONER OF INCOME TAX
1996 INSC 53216 April 1996
The assessees, Smith Kline and French (India) Ltd., claimed a deduction for a surtax liability of Rs. 76,777 under the Companies Profits (Surtax) Act, 1964 while computing their total income for AY 1976-77. The Income Tax Officer disallowed the deduction based on Section 40(a)(ii) of the Income‑Tax Act, which bars any …
MOTILAL DAULATRAM BORA AND ORS.versusMURLIDHAR RAMCHANDRA BHUTABE (SINCE DECEASED) BY HIS LRS. AND ORS.
1996 INSC 53316 April 1996Appeal(s) allowed
The dispute concerned the width of a common road on property jointly purchased by the parties in Nasik. The trial court and the appellate court, after extensive consideration of oral and documentary evidence, found that a 30‑foot wide road existed and enjoined the defendants to remove encroachments. The Bombay High Cou…
SRI SAMIR SOBHAN SANYALversusTRACKS TRADE PRIVATE LTD. AND ORS.
1996 INSC 53416 April 1996Appeal(s) allowed
The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any eviction order passed ag…
IMPROVEMENT TRUST, MOGA ETC.versusMANCHANDA SOAP WORKS AND ORS.
1996 INSC 53516 April 1996Appeal(s) allowed
The Improvement Trust, Moga initiated a truck diversion scheme under Section 36 of the Punjab Town Improvement Act, 1922, acquiring 15.5 acres for a new market. Notices of the scheme and objections were published in newspapers and the Gazette as required by the Act, and the scheme was approved under Section 40. The res…
UNION OF INDIA AND ORS.versusNANDLAL RAIGAR
1996 INSC 53616 April 1996Appeal(s) allowed
Nandlal Raigar, an accountant in the Rajasthan Telephones Department, was dismissed on May 9, 1973 for alleged fabrication of records. After exhausting departmental appeals, he filed a suit in 1980 seeking a declaration that his dismissal was illegal. The trial court dismissed the suit on limitation grounds but noted p…
DR. GHANSHYAM JAISWALversusKAMAL SINGH
1996 INSC 27216 February 1996Appeal(s) allowed
In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the compromise decree under Sec…
UNION OF INDIA AND ANR.versusRANCHI MUNICIPAL CORPN. RANCHI AND ORS.
1996 INSC 27316 February 1996Appeal(s) allowed
The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under Section 135 of the Rail…
BABULALversusRAJ KUMAR AND ORS.
1996 INSC 27416 February 1996Appeal(s) allowed
Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an injunction. He obje…
CHOLAMANDALAM INVESTMENTS AND FINANCE CO. PVT. LTD.versusRADHIKA SYNTHETICS AND ANR.
1996 INSC 7316 January 1996Disposed off
Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming damages, relying on a …
RAM SARANversusPYARE LAL AND ANR.
1996 INSC 7416 January 1996Appeal(s) allowed
The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1971, alleging un…
DELHI CLOTH AND GENERAL MILLS CO. LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.
1996 INSC 7216 January 1996Appeal(s) allowed
Delhi Cloth & General Mills Ltd. and another established a fertiliser unit in the villages of Raipura and Ummedganj, which were treated as part of Kota municipality and were levied octroi. The State of Rajasthan later issued a Kota Municipal Limits (Continued Existence) Validating Act, 1975 that deemed the villages to …
THE STATE OF PUNJABversusGURMIT SINGH ANR ORS.
1996 INSC 7516 January 1996Appeal(s) allowed
The State of Punjab appealed the acquittal of Gurmit Singh and two others for abduction, wrongful confinement and rape of a minor girl. The trial court had disbelieved the prosecutrix, citing her ignorance of car details, alleged delay in filing the FIR, and alleged family enmity. The Supreme Court held that the girl’s…
S. CHINNAPPA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1996 INSC 7616 January 1996Appeal(s) allowed
The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in 1975 and later regu…
SMT. INDRANI RAJA DURAI AND ORS.versusMADRAS MOTOR AND GENERAL INSURANCE COMPANY AND ORS.
1996 INSC 7716 January 1996Appeal(s) allowed
The deceased, Rajadurai, was riding a motorcycle when a bus collided with him after he swerved to avoid a car, resulting in his death. The Tribunal awarded Rs. 1,00,000 compensation, reducing it by 40% for the deceased's contributory negligence, leaving Rs. 60,000 payable. The Madras High Court reversed this, holding t…
KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. AND ORS.versusATTAH KASIM AND ORS.
1996 INSC 7916 January 1996Dismissed
The Supreme Court examined a civil appeal challenging a preliminary decree for partition of the Konchukakkada property. The trial court had placed the burden of proof on the plaintiffs, a view corrected by the appellate court, but the appellate court failed to properly consider key documentary evidence establishing the…
FEDERATION OF CUSTOMS HOUSE AGENTS ASSOCIATION AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.
1999 INSC 27615 July 1999Appeal(s) allowed
The Federation of Customs House Agents Association and others filed a writ petition challenging Regulation 8 of the Customs House Agents Licensing Regulations, 1984, which permitted the grant of a temporary licence to act as a customs house agent without first passing the qualifying examination required under earlier r…
STATE OF HARYANA AND ORS.versusRANI DEVI AND ANR.
1996 INSC 73415 July 1996Appeal(s) allowed
Rani Devi and Anguri Devi, widows of Apprentice Canal Patwaris who died while in service, filed writ petitions seeking appointment to class‑IV posts on compassionate grounds. The Punjab & Haryana High Court directed the State of Haryana to appoint them, but the State appealed. The Supreme Court held that the term "empl…
STATE OF TAMIL NADUversusA. JAGANATHAN
1996 INSC 73615 July 1996Disposed off
The State of Tamil Nadu appealed against the Madras High Court’s order that suspended the convictions and sentences of four public servants, including A. Jaganathan, who had been convicted under IPC sections 392, 218, 466 and the Prevention of Corruption Act. The High Court had relied on Rama Narang v. Ramesh Narang, h…
SUDIP MAZUMDARversusSTATE OF MADHYA PRADESH
1996 INSC 73715 July 1996Disposed off
The petitioners alleged that test firing exercises at a range near Itarsi in Madhya Pradesh were endangering the lives of tribal people who entered the area to collect firewood, resulting in injuries and deaths, thereby violating their right to life under Article 21 of the Constitution. The Supreme Court, recalling its…
THE SECRETARY (ESTT.) RAILWAY BOARD AND ANR. ETC.versusSH. D. FRANCIS PAUL ETC.
1996 INSC 73815 July 1996Dismissed
The petitioners, recruited as legal assistants in 1963 and 1964, retired after 25 years of service and claimed an additional five years of qualifying service for pension computation under Rule 2423-A of the Railway Establishment Manual II. The Central Administrative Tribunal allowed their claim, but the petitioners app…
RUDRADHAR R. TRIVEDIversusSTATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANR.
1996 INSC 73915 July 1996Dismissed
The petition challenged a land acquisition made in 1953 for the establishment of an Indian Institute of Technology, where 60.8 acres were later transferred to the National Institute of Technology (NITIE) by a government resolution. The petitioner, a sub‑lessee, claimed that he was not given notice under Section 5‑A of …
G. NARAYAN RAOversusTHE LAND ACQUISITION OFFICER
1996 INSC 74015 July 1996Dismissed
G.N. Rao challenged the compensation awarded by the Land Acquisition Officer for 7 acres of land in Nizamabad acquired under Section 4(1) of the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs 32,000 per acre, relying on sale deeds of adjacent lands and a claim of potential value. Rao argued tha…
BIHAR STATE ELECTRICITY BOARDversusM/S. BIJOY MINING COMPANY LTD. AND ORS .
1996 INSC 74115 July 1996
The Bihar State Electricity Board (BSEB) entered into a supply agreement with M/s Bijoy Mining Co. Ltd. which required the consumer to pay an annual minimum guarantee charge. The consumer objected to a bill on the ground that erratic supply prevented it from taking the contracted amount, invoking clause 13 of the agree…
KASHMIR CHANDversusFINANCIAL COMMISSIONER, HARYANA AND ORS.
1996 INSC 74215 July 1996Disposed off
The appellant, Kashmir Chand, bought a plot in an open auction in July 1971 for Rs 46,000 but paid only Rs 11,500, leaving a balance of Rs 34,500. Over more than 21 years he failed to pay the balance, and the authorities demanded a larger sum of Rs 3,78,000, which he also defaulted on. He filed a writ petition in the P…
UNION OF INDIA AND ORS.versusVINOD KUMAR AND ORS.
1996 INSC 74315 July 1996Dismissed
The Union of India appealed against a promotion order that deviated from the rule of granting 50% of the quota and an additional two‑year benefit to Upper Division Clerks under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Section 5‑D(7)(a) of the Act requires prior approval of the Central Govern…
VASANT GANGARAMSA CHANDANversusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 74415 July 1996Appeal(s) allowed
Vasant Gangaram Sa Chandan was appointed as Peon‑cum‑Watchman in the Hyderabad Agricultural Committee on 1 April 1957 and, after the reorganisation of states, transferred to the Krishi Utpadan Bazar Samiti, retiring on 1 April 1991 after about 35 years of service. The pension scheme of the Market Committee stipulated t…
NEW INDIA PUBLIC SCHOOL AND ORS. ETC.versusHUDA AND ORS. ETC.
1996 INSC 74515 July 1996
The Haryana Urban Development Authority (HUDA) invited applications for school sites in Panchkula and allotted 11 of 23 plots, denying eight applicants. The denied applicants challenged the allotment procedure, leading to a single judge finding procedural faults but upholding the allotments because schools were already…
BETAL SINGHversusSTATE OF M.P.
1996 INSC 52015 April 1996Dismissed
Betal Singh was convicted of murdering his wife Kamla by setting her ablaze, an offence under Section 302 of the Indian Penal Code. The conviction was based primarily on Kamla's dying declaration recorded by a police officer under Section 32 of the Evidence Act, which alleged that her husband had doused her with kerose…
THE DISCIPLINARY AUTHORITY-CUM-REGIONAL MANAGER AND ORS.versusNIKUNJA BIHARI PATNALK
1996 INSC 52115 April 1996Appeal(s) allowed
The respondent, a Scale‑I officer of the Central Bank of India serving as Branch Manager, was charged with ten counts of allowing overdrafts, issuing guarantees and sanctioning loans beyond his delegated authority. An enquiry found several charges fully established and others partially, leading to his dismissal. The Or…
KANTA PRASAD D. PATELversusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.
1996 INSC 52215 April 1996Dismissed
Kanta Prasad D. Patel purchased a site in 1965 and erected sheds, claiming the structures existed before April 1, 1962 based on a lease from the previous owner. The Municipal Corporation of Greater Bombay issued a demolition notice; the Deputy Municipal Commissioner initially allowed retention of a 30'x30' shed in 1983…
STATE OF MAHARASHTRAversusMARUTI LAXMAN
1996 INSC 52315 April 1996Appeal(s) allowed
The State of Maharashtra appealed a High Court order that had granted enhanced compensation to Maruti Laxman under the Land Acquisition (Amendment) Act, 1984. The original acquisition notice was issued in 1969 and the Land Acquisition Officer awarded Rs.1,000 per acre in 1972. A civil court enhanced this award to Rs.2,…
SYED ABDUL ALAM AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.
1996 INSC 52415 April 1996Appeal(s) allowed
The appellants, Head Constables, had passed a merit‑based written test for promotion to Sub‑Inspector under the Andhra Pradesh State Police Subordinate Service Rules, which require promotion on the basis of merit and ability. The Government later issued a G.O. (No. 585) amending the Police Standing Orders to prescribe …
NABHIRAJ AND ORS.versusJAYAVATIBAI @SHANTHA BAI AND ORS.
1996 INSC 52815 April 1996Dismissed
The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written statement, leading …
HAV BHAGAT SINGH, ETC.versusSTATE OF HARYANA AND ANR. ETC.
1996 INSC 38715 March 1996Dismissed
H.B. Singh, who served in the Indian Army from 1959 to 1976 and later joined the Haryana State Government in 1978, challenged a 1976 amendment to the Punjab National Emergency (Concession) Rules, 1965 that narrowed the definition of "Military Service" to only those who enlisted during the 1962 emergency, thereby withdr…
LILABEN UDESING GOHEL ETC. ETC.versusTHE ORIENTAL INSURANCE CO. LTD. AND ORS. ETC. ETC.
1996 INSC 39115 March 1996Case Allowed
The Supreme Court examined the validity of the Gujarat High Court Full Bench's guidelines in Kamlaben v. Oriental Insurance, which required a ten‑year waiting period and periodic payments by the insurer for motor accident compensation. The Court held that these guidelines conflicted with the Supreme Court’s earlier dir…
ASHISH HANDA, ADVOCATEversusHONBLE THE CHIEF JUSTICE OF HIGH COURT OF PUNJAB AND HARYANA AND ORS.
1996 INSC 38815 March 1996Dismissed
Ashish Handa, an advocate, challenged the appointment of former High Court Judge M.R. Agnihotri as President of the Haryana State Consumer Disputes Redressal Commission, alleging non‑compliance with the proviso to Section 16(1)(a) of the Consumer Protection Act, 1986 which requires consultation with the Chief Justice o…
STATE OF GOA AND ANR.versusSMT. S.A. ABDUL KARIM ETC. ETC.
1996 INSC 39315 March 1996Appeal(s) allowed
The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After condoning delay and gran…
MASIPATLA RAGHAVULUversusTHE REVENUE DIVISIONAL OFFICER, LAO, PEDDAPALLI
1996 INSC 39415 March 1996Appeal(s) allowed
The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision affirmed by the Andhra Pra…
M. RAMJAYARAMversusGENERAL MANAGER, SOUTH CENTRAL RAILWAY AND ORS.
1996 INSC 39515 March 1996Appeal(s) allowed
M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total score and led to th…
SEETHAMMALversusSENTHIL FINANCE AND ANR.
1996 INSC 39615 March 1996Appeal(s) allowed
In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the CPC, arguing that the s…
SMT. BASAVVA AND ORS. ETC.versusTHE SPL. LAND ACQUISITION OFFICER, AND ORS.
1996 INSC 39715 March 1996Dismissed
The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% deduction for development…
RAJASHEKHAR SANKAPPA TARADANDI AND ORSversusTHE ASSTT. COMMISSIONER AND LAND ACQUISITION OFFICER AND ORS.
1996 INSC 39815 March 1996Dismissed
The appellant challenged the Karnataka High Court’s reduction of compensation for 13 acres of land acquired under a 1979 notification. The land, situated at a considerable distance from any developed area, was initially valued at Rs 18,000 per acre by the Land Acquisition Officer, later inflated to Rs 5,61,729 per acre…
V.G. KULKARNIversusTHE SPL. LAND ACQUISITION OFFICER
1996 INSC 39915 March 1996Dismissed
The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the Land Acquisition Offi…
ISHWARLAL PREMCHAND SHAH AND ORS.versusSTATE OF GUJARAT AND ORS.
1996 INSC 40015 March 1996Dismissed
The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of solatium and other benefits…
MUNICIPAL COMMITTEE SIRHINDversusPARSHOTAM DASS AND ORS.
1996 INSC 25615 February 1996Appeal(s) allowed
The respondents, who were the khewatdars of land classified as “Shamlat deh” in village Brahman Majra, claimed that the land reverted to them after the Gram Sabha was abolished, invoking Rule 3 of the Punjab Gram Panchayat Rules, 1965. The Municipal Committee of Sirhind argued that the land had vested in it when a noti…
NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALSversusSTATE OF HARYANA AND OTHERS
1996 INSC 25715 February 1996Dismissed
The National Council for Cement and Building Materials, a society, was challenged by its employees’ association to prepare certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The society argued that it was not an “industry” within the meaning of the Industrial Disputes Act, 1947, and …
RITESH R. SHAHversusDR. Y.L. YAMUL AND ORS.
1996 INSC 25815 February 1996Case Allowed
Ritesh R. Shah, a reserved‑category candidate, applied for admission to the MBBS course in Maharashtra for 1995‑96 but was denied because other reserved‑category applicants were admitted against the reserved quota despite being eligible on open‑merit grounds. He challenged the state’s selection rules, arguing that coun…
STATE OF U.P. AND OTHERSversusRAMASH-YRAYA YADAV AND ANOTHER
1996 INSC 25915 February 1996Appeal(s) allowed
The respondents were appointed as temporary Investigators‑cum‑Computer under a scheme that was later cancelled, but they were allowed to continue in service by an interim order of the Allahabad High Court. While still serving, they filed a writ petition seeking the same salary as regular investigators, invoking the pri…
COMMISSIONER OF INCOME TAX, GUJARATversusJYOTI LTD.
1996 INSC 26015 February 1996Case Partly allowed
Jyoti Ltd., a Baroda‑based company, claimed that its reserves for doubtful debts (Rs 85,000) and gratuity (Rs 5,60,000) should be treated as part of its capital base for computing statutory deduction under the Companies (Profits) Surtax Act, 1964. The Surtax Officer excluded the amounts; the Appellate Assistant Commiss…
UNION OF INDIA AND ANR.versusMOTI LAL AND ORS.
1996 INSC 26115 February 1996Dismissed
The respondents, who had been directly appointed as casual mates in Class III of the Northern Railway, were later regularised as gangmen (Class IV) by the railway authorities. They contended that their long‑term service as mates and the temporary status conferred upon them entitled them to be regularised as mates. The …
UNION OF INDIAversusRAM SUA SHARMA
1996 INSC 26215 February 1996Appeal(s) allowed
The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The Central Administrati…
UNION TERRITORY OF CHANDIGARHversusCHARANJIT KAUR
1996 INSC 26415 February 1996Appeal(s) allowed
The respondent was convicted of murder and sentenced to life imprisonment, having been in custody since September 1983. She filed an application in the High Court seeking premature release, and the High Court ordered her release on the ground that the State had failed to file a counter‑affidavit despite multiple adjour…
SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENTversusL. SRINIVASAN
1996 INSC 26515 February 1996Appeal(s) allowed
The respondent, L. Srinivasan, an Assistant Section Officer in the Prohibition and Excise Department, was suspended and a departmental inquiry was ordered while a charge‑sheet for embezzlement and fabrication of false records was filed and a criminal trial was pending. The Tamil Nadu Administrative Tribunal set aside t…
SINGHAI LAL CHAND JAIN (DEAD)versusRASHTRIYA SWAYAM SEWAK SANGH, PANNA AND ORS.
1996 INSC 26615 February 1996Appeal(s) allowed
The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the appellant, but the r…
THE STATE OF PUNJABversusDARSHAN SINGH
1996 INSC 26715 February 1996Appeal(s) allowed
Darshan Singh, a bus conductor employed by the State of Punjab, was removed from service on 26 May 1989 for alleged misconduct of collecting fares without issuing tickets, which was deemed fraud. The removal order also listed his earlier punishments, leading the trial court to hold that the authority had considered tho…
ABDUL AZIZ ABDUL RATAK AND ANR.versusTHE MUNICIPAL CORPN. OF GREATER BOMBAY AND ANR.
1996 INSC 26815 February 1996Dismissed
The appellants, whose land was acquired under the Land Acquisition Act, 1894, entered into an agreement with the municipal corporation to receive two‑thirds of the compensation at a rate of Rs.40 per square yard, with interest fixed at 4% per annum from possession. The compensation award was later enhanced to Rs.300 pe…
STATE OF UTTAR PRADESH ETC.versusSMT. RAM KUMARI DEVI ETC.
1996 INSC 26915 February 1996Case Partly allowed
The State of Uttar Pradesh acquired 13.75 acres of land for a government college and the Land Acquisition Officer initially fixed compensation at Rs 11,887.78 per acre. A District Judge later awarded Rs 5 per square foot and the High Court reduced it to Rs 3.30 per square foot, relying on sale deeds of small parcels th…
THE STATE OF MADHYA PRADESHversusHLRALAL AND ORS.
1996 INSC 6615 January 1996Appeal(s) allowed
The State of Madhya Pradesh acquired land belonging to Hiralal and others and the respondents claimed compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, which purported to provide enhanced compensation and solatium. The High Court had allowed their claim, but the State appealed. The Supreme…
M. V. K.GUNDARAOversusREVENUE DIVISIONAL OFFICER, (L.A.O.), NARASARAOPET
1996 INSC 6715 January 1996Dismissed
The case concerned compensation for land acquired under the Land Acquisition Act, 1894 for a telephone exchange in Narasaraopet. The acquisition officer initially awarded Rs 40 per square yard, which was enhanced to Rs 75 per square yard by the Subordinate Judge on the basis of four sale deeds executed in 1978 at rates…
RAMESH SINGH (DIED) BY L.RS. AND ORS.versusSTATE OF HARYANA AND ORS.
1996 INSC 6815 January 1996Dismissed
The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree under Section 26. The pe…
IMPROVEMENT TRUST, SANGRURversusGURJJT SINGH SANDHU AND ORS.
1996 INSC 6915 January 1996Appeal(s) allowed
The case concerned an appeal by Improvement Trust, Sangrur against Gurjjt Singh Sandhu and others under the Land Acquisition Act, 1894. The dispute centered on whether the respondents were entitled to the additional amount provided under Section 23(1A) of the Act, as amended by Act 68 of 1984. The Collector’s award was…
VOICE (CONSUMER CARE) COUNCILversusSTATE OF TAMIL NADU
1996 INSC 88414 August 1996Dismissed
The State of Tamil Nadu filed an application seeking modification of the Supreme Court’s July 22, 1996 order that continued the August 18, 1994 order directing a 69% reservation for backward classes, SCs and STs in medical, engineering and other educational institutions and the creation of additional seats for general‑…
SATGURU SHARAN SHRIVASTAVAversusDWARKA PRASAD MATHUR (DEAD) THROUGH LRS. AND ORS.
1996 INSC 88814 August 1996Dismissed
The petitioner had agreed to purchase a house from the first respondent, Dwarka Prasad Mathur, and paid the consideration. Before taking possession, the second respondent obtained a decree of specific performance in a separate suit, which the petitioner challenged in suit 121‑A of 1984 on the ground of fraud. Both resp…
STATE OF HARYANA AND ANR.versusJAIPAL SINGH AND ORS.
1996 INSC 89014 August 1996Disposed off
The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Rewari district. The respondents argued that a government policy excluded lands on which buildings had been constructed and that their shops were built before the notification, seeking exemption and compen…
DR. B.P. YADAV AND ANR.versusDR. RATNESHWAR PRASAD SINGH AND ORS.
1996 INSC 38614 March 1996Dismissed
The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their promotions to Professor were …
SH. MOHD. AYUB KHANversusPROF. BHIM SINGH AND ORS.
1996 INSC 38214 March 1996Dismissed
The Election Commission issued a notification for a bye‑election to the Udhampur Parliamentary Constituency and, after a reference by the Returning Officer, directed a repoll at certain polling stations, which was carried out. The election result was challenged before an election petition, and the High Court set aside …
HOOKIYAR SINGH ETC. ETC.versusSPECIAL LAND ACQUISITION OFFICER, MORADABAD AND ANR.
1996 INSC 38314 March 1996Disposed off
The case concerned acquisition of 171.46 acres of agricultural land in Moradabad for UPSIDC. The Land Acquisition Officer initially fixed compensation at Rs 15,500 per acre, which was later increased by the District Court to Rs 40,000 and by the High Court to Rs 50,000 per acre based on sale deeds and oral evidence. Bo…
SH. A. CHINNAPPAversusSH V. VENKATAMUNI AND ORS.
1996 INSC 38414 March 1996Dismissed
Sh. A. Chinnappa contested the Bethamangala Assembly seat in Karnataka, which was reserved for Scheduled Castes, claiming he belonged to the Mundala caste listed in the Presidential notification under Article 341. The Karnataka High Court held that he actually belonged to the Mondy/Mondigaru caste, which is not include…
Y. H. PAWARversusSTATE OF KARNATAKA AND ANR.
1996 INSC 38514 March 1996Dismissed
Y.H. Pawar was appointed as a Class III employee on an ad‑hoc basis on 22 March 1960 after being called from the Employment Exchange. When the Ministerial Recruitment Rules were later framed, he was regularised on 6 May 1968 with seniority from the date of selection under the new rules. Pawar contended that his seniori…
KAHANDU DAULAT DANGDEversusJAY WANTRAO YADAVRAO KHARADE AND ORS.
1996 INSC 24114 February 1996Appeal(s) allowed
The appellant, K.D. Dangde, was a tenant of agricultural land owned by Anjanabai, a widow and member of a joint family, from before 1 April 1957. A partition suit in 1961 resulted in the land being allotted to Anjanabai, who later applied for an exemption certificate under Section 88C of the Bombay Tenancy and Agricult…
UNION TERRITORY, CHANDIGARH ADMN. AND ORS.versusMANAGING SOCIETY, GOSWAMI, GDSDC
1996 INSC 24214 February 1996Appeal(s) allowed
The Chandigarh Administration allotted 10.5 acres of land to the managing society for 99 years in 1975, fixing the ground rent at Rs 100 per acre per annum, which was lower than the rate mandated by Rule 13 of the Chandigarh Lease‑hold of Sites and Buildings Rules, 1973. In 1991 the Estate Officer issued a notice deman…
SWETAMBAR STHANAKWASI JAIN SAMITI AND ANR.versusTHE ALLEGED COMMITTEE OF MANAGEMENT SRI R.J.1. COLLEGE, AGRA AND ORS.
1996 INSC 24314 February 1996
The case involved a dispute between two rival managing committees of Sri Ratnamuni Jain Inter College, Agra. The education authorities initially recognized the appellants' scheme of administration but later withdrew that recognition, prompting the appellants to file a civil suit seeking an interim injunction. The respo…
M/S DODSAL PVT. LTD.versusDELHI ELECTRIC SUPPLY UNDERTAKING OF THE MUNICIPAL CORPORATION OF DELHI
1996 INSC 24414 February 1996Disposed off
M/s Dodsal Pvt. Ltd. entered into a contract with the Delhi Electric Supply Undertaking (DESU) that contained an arbitration clause. DESU later challenged the arbitral award, arguing that the contract was void because it violated Sections 201 and 203 of the Delhi Municipal Corporation Act and a bye‑law, rendering the a…