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Judgments of 1996

1535 judgments · newest first · showing 401–600

S. VINOD KUMAR AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 1133Appeal(s) allowed

The appellants challenged a memorandum that allowed relaxation of qualifying marks for Scheduled Castes and Scheduled Tribes in promotion examinations, arguing it violated the Constitution. The Central Administrative Tribunal had held that such relaxation fell within the reservation power under …

PUNJAB WAKF BOARDversusSHAKUR MASIH

1996 INSC 1134Dismissed

Najaf Khan executed a will bequeathing all his property to his son's mother‑in‑law, Musamat Kariman, and added a note stating that after her death the property would become a wakf for the maintenance of a mosque. The Punjab Wakf Board sued to have the property declared a wakf, but the lower courts …

BRIJ KISHORE SHARMA AND ANR.versusM/S RAM SINGH AND SONS AND ORS.

1996 INSC 1135Dismissed

The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been …

SMT. GOMTIBAI (DEAD) THROUGH LRS. AND ORS.versusMATTULAL (DEAD) THROUGH LRS.

1996 INSC 1136Dismissed

The dispute concerned a partition suit filed by Mattulal against his brother Govinddas, wherein Govinddas claimed that the land had been gifted to their cousin sister Kasturibai. The lower courts held that the alleged gift was not valid because no registered deed, signed by the donor and attested by …

P. RAVINDRAN AND ORS.versusUNION TERRITORY OF PONDICHERRY AND ORS.

1996 INSC 1137Dismissed

The petitioners were appointed as ad‑hoc lecturers in the Union Territory of Pondicherry and later appeared for regular recruitment through the Public Service Commission but were not selected. They filed petitions before the Central Administrative Tribunal seeking regularisation of their services. …

LAXMANRAO BAPURAO JADHAV AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS .

1996 INSC 1138Appeal(s) allowed

The State of Maharashtra issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for housing weaker sections, followed by a declaration under Section 6 after an enquiry. Respondent No.3 challenged the acquisition, arguing that Section 3-A of the Bombay (Amendment) …

STATE OF U.P.versusAMAR SINGH ETC

1996 INSC 1139Appeal(s) allowed

The Supreme Court examined whether lands alienated by Kishun Singh to his sons and daughters‑in‑law on 10 September 1970, prior to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act amendment, should be treated as owned by the sons or as ostensible holdings of the tenure‑holder. The Court …

PRAKASH K. AND ANR.versusTHE STATE OF KARNATAKA AND ORS.

1996 INSC 1125Dismissed

The Karnataka Service Commission recruited teachers before 17 November 1993, appointing candidates in excess of the 50% reservation for backward classes and weaker sections. The appointments were challenged on 15 June 1995, more than a year after the selections were made. The Karnataka …

AVINASH NAGRAversusNAVODAYA VIDYALAYA SAMITI ETC.

1996 INSC 1126Dismissed

Avinash Nagra, a temporary postgraduate teacher at Navodaya Vidyalaya, was terminated on the ground of immoral sexual behaviour towards a girl student. The termination was effected under the Navodaya Vidyalaya notification of 23 December 1993, which permits dispensing with a regular disciplinary …

COMMISSIONER OF INCOME TAX, AMRITSARversusM/S SHIV PRAKASH JANAK RAJ AND CO. PVT. LTD.

1996 INSC 1127Case Partly allowed

The assessee company had advanced a loan to a firm whose partners were also its shareholders and directors. Interest was charged on the loan in the 1966-67 and 1967-68 assessment years, establishing it as an interest‑bearing loan. For the 1968-69 assessment year the company passed a resolution …

SUB-DIVISIONAL INSPECTOR (POSTAL) AND ORS.versusK.K. PAVITHERAN

1996 INSC 1128Appeal(s) allowed

The respondent, an extra‑departmental postal agent, was charged under Rule 8 of the Post and Telegraph Extra Departmental Agents (Conduct and Services) Rules, 1964 for temporary absence from duty and was removed from service after departmental enquiry. The Central Administrative Tribunal, after …

RITA MARKANDEYversusSURJIT SINGH ARORA

1996 INSC 1122Disposed off

In a rent‑control dispute, the Supreme Court dismissed the respondent's appeal and granted him time until 31 March 1995 to vacate the suit premises, subject to filing an undertaking. The respondent neither filed the undertaking nor vacated the premises, and filed false affidavits claiming he had …

STATE OF RAJASTHANversusSH. B.K. MEENA AND ORS.

1996 INSC 1123Appeal(s) allowed

The State of Rajasthan initiated disciplinary proceedings against IAS officer B.K. Meena for alleged misappropriation of Rs 1.05 crore, while a criminal case under the Prevention of Corruption Act, 1988 was also filed. The Central Administrative Tribunal (CAT) stayed the disciplinary enquiry pending …

R. LAKSHMIversusK. SARASWATHI AMMAL

1996 INSC 1124Appeal(s) allowed

The husband obtained an ex‑parte decree of divorce and subsequently died. The wife (appellant) filed an application under Order IX Rule 13 of the Code of Civil Procedure to set aside the decree, asserting that it affected her marital status and property rights. The trial court dismissed the …

PARAMJIT AND ANR.versusSTATE OF HARYANA

1996 INSC 1117Dismissed

Paramjit and Inderjit assaulted Rambhaj after he reprimanded Paramjit for indecent remarks, inflicting fatal knife wounds. The victim gave a dying declaration describing the assault, which was corroborated by an eyewitness (PW5) and medical evidence showing the injuries were sufficient to cause …

M/S ESCORTS FARMS (RAMGARH) LTD.versusTHE COMMISSIONER OF INCOME TAX, NEW DELHI

1996 INSC 1118Dismissed

Escorts Farms (Ramgarh) Ltd., a private limited company, sold shares it had purchased after 1954 and claimed capital gains by treating the actual purchase price of the original shares as the cost of acquisition, ignoring the effect of subsequently issued bonus shares. The Income‑Tax Officer, the …

BANDLAMUDDI ATCHUTA RAMAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

1996 INSC 1119Appeal(s) allowed

The case arose from a brawl on 1‑2 July 1988 between Sambasiva Rao (second accused) and Suryanarayana Rao (PW‑1) over a dog. The next night Sambasiva Rao, his father (first accused) and a relative (third accused) went to PW‑1’s house, assaulted PW‑1, his wife and others. The deceased, Srinivasa Rao, …

RAM AVTAR AND ORS.versusRAM DHANI AND ORS

1996 INSC 1120Dismissed

The widow Smt. Phoola was allotted land in 1932 as part of a family compromise for her maintenance and her name was entered in revenue records. She later sold the land in 1956 to the respondents, but other members of the Hindu Undivided Family challenged the sale, claiming she only held a limited …

BALBIR SINGHversusSTATE

1996 INSC 1121Case Partly allowed

Balbir Singh was arrested in a notified area while in possession of an unauthorised rifle (bearing No. 516275) and 161 live cartridges. He was convicted under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to eight years’ rigorous imprisonment. On appeal he …

GULZARI LAL AGARWALversusACCOUNTS OFFICER

1996 INSC 1108Case Partly allowed

The appellant filed a complaint before the District Forum, Bankura, alleging inflated telephone bills and obtained an interim order directing the respondent not to disconnect his line on condition of a Rs 4,000 deposit, which he complied with. The respondent appealed to the State Commission, which …

COMMON CAUSE,REGISTERED SOCIETYversusUNION OF INDIA AND OTHERS

1996 INSC 1109Disposed off

The Supreme Court examined the discretionary allotment of fifteen petrol pumps by the then Minister of State for Petroleum and Natural Gas, Capt. Satish Sharma, who granted them to relatives of politicians, Oil Selection Board members and ministry officials without any advertisement, guidelines or …

PERIASAMI AND ANR.versusSTATE OF TAMIL NADU

1996 INSC 1110Disposed off

The deceased Ranganathan was allegedly attacked by the appellants Periasami and Ramaswamy with a billhook, spear and lathi, leading to his death. Eye‑witnesses PW‑1 and PW‑2 identified the appellants, while the FIR was lodged after a delay and the inquest report contained an erroneous time of death. …

ASHOK KAPILversusSANA ULLAH (DEAD) AND ORS.

1996 INSC 1111Appeal(s) allowed

Ashok Kapil, a former tenant, applied to the District Magistrate for allotment of a premises owned by Sana Ullah under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord objected that the structure was not a "building" because its roof had been …

SURJA RAMversusSTATE OF RAJASTHAN

1996 INSC 1113Dismissed

Surja Ram was convicted of murdering his brother Raji Ram, the brother's two minor sons and their aunt, and of attempting to murder the brother's wife and daughter. The killings were carried out in a cool, calculated manner during the night while the victims were asleep, using a sharp cutting …

K. SANKARAN NAIR (DEAD) THROUGH LRS.versusDEVAKI AMME MALATHY AMMA AND ORS.

1996 INSC 1115Dismissed

The respondents filed a suit for partition and mesne profits, and the appellant claimed he was a tenant under a 1969 lease deed. The Tenancy Tribunal, the Kerala High Court and the Supreme Court (via special leave) held that he was not a tenant because Section 74 of the Kerala Land Reforms Act …

SMT. HIMI AND ANR.versusSMT. HIRA DEVI AND ORS.

1996 INSC 1116Appeal(s) allowed

Bai Lachhmu, the daughter of Bali Ram, filed a suit to enforce her half‑share in agricultural lands under her father's will against her step‑mother Bai Utti. The parties compromised in 1947, whereby Utti acknowledged Lachhmu's title and was allowed to retain possession of the disputed half during …

G.B. KASHIRASAGARversusL.A. NARODE

1996 INSC 1105Appeal(s) allowed

The landlord filed an eviction petition under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, leading to a 1954 order that, by compromise, required the tenant to surrender three acres while retaining 1 acre 38 guntas. Later the landlord attempted a second eviction on the ground of …

YESHODA AND ANR.versusK. NAGARAJAN

1996 INSC 1106Dismissed

In a suit for specific performance, the trial court passed a conditional decree requiring the respondent to deposit Rs.1,80,000 by 21 April 1994. The Karnataka High Court, on the respondent’s application, extended the time by three months. The petitioners then filed an application under Section 28 …

M/S STAR WIRE (INDIA) LTD.versusTHE STATE OF HARYANA AND ORS.

1996 INSC 1107Dismissed

Mis Star Wire (India) Ltd. purchased land that had been subject to a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 1 June 1976. After the award of acquisition was made on 3 July 1981, the company filed a writ petition in 1994 challenging the notification, …

BIHAR STATE ELECTRICITY BOARDversusHOTEL SATKAR PVT. LTD. AND OTHERS

1996 INSC 1104

The Bihar State Electricity Board (BSEB) issued a notice under Section 24(1) of the Indian Electricity Act, 1910 to disconnect electricity to Hotel Satkar for non-payment of bills based on contract demand, which the hotel contested, arguing that charges should be on actual consumption and that the …

HAFIZ WASHI AHMEDversusKUTUBUDDIN AND ORS.

1996 INSC 1099Appeal(s) allowed

Hafiz Washi Ahmed filed a suit for injunction to protect his possession of a portion of land and a structure, claiming exclusive title based on an alleged gift, while the land was partly declared evacuee property. The trial court held that the factual question of whether the disputed portion was …

STATE OF MADHYA PRADESHversusSWAROPCHANDRA

1996 INSC 1100Dismissed

The truck bearing No. 9493 was seized by a Divisional Forest Officer for carrying 22 logs of timber without a permit under the Madhya Pradesh Ven Upaj Vyapar Viniyaman Act, 1969. The driver compounded the offence by paying Rs.1,000, but the truck was not released because its value was not paid, …

JAGANNATH KASHINATH PATILversusNARAYAN BALUGAIKAR

1996 INSC 1101Dismissed

The respondent filed a suit to remove a structure erected by the appellant and to restrain interference with his possession of a 50 ft x 30 ft plot. The plot originally belonged to the respondent's maternal grandmother, who had executed a possessory mortgage in favor of Pukharaj, who later returned …

STATE OF KARNATAKA AND ANR.versusUPPEGOUDA AND ORS. ETC.

1996 INSC 1102Appeal(s) allowed

The State appealed against a Karnataka High Court order that denied registration of occupancy to a tenant, Puppegouda, who had been in possession of 2 acres 30 gunthas of land since 1950 under successive lease renewals. The Karnataka Tenancy Act, 1961 protected his possession, and the Land Reforms …

CHATTAR SINGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 1103Disposed off

The Supreme Court examined a challenge by OBC candidates to the proviso of Rule 13 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, which allowed a 5% relaxation in preliminary‑exam cut‑off marks for Scheduled Caste (SC) and …

JASWANT SINGH AND ANR.versusTHE STATE OF PUNJAB

1996 INSC 1094Appeal(s) allowed

The appellants, who were employed as drivers, became blind while in service and applied for alternative appointment. The employer removed them from service instead of providing a suitable post. The Supreme Court examined the issue in light of the precedent set in Anand Bihari v. Rajasthan S.R.T.C., …

HARJINDER SINGH SODHIversusSTATE OF PUNJAB AND ORS,.

1996 INSC 1095Dismissed

Harjinder Singh Sodhi challenged his non-selection to the Punjab Civil Services Executive Branch, arguing that the Punjab Public Service Commission (PPSC) failed to properly assess merit, that the government falsely claimed no vacancy existed, and that the 50% weight given to interview marks was …

MADHAVKRISHNA AND ANR.versusCHANDRA BHAGA AND ORS.

1996 INSC 1097Appeal(s) allowed

Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title …

GUPTA STEEL INDUSTRIESversusM/S. JOLLY STEEL INDUSTRIES PVT. LTD. AND ANR.

1996 INSC 1098Disposed off

The parties entered into a compromise decree while an appeal was pending, obligating the respondents to deposit specified sums and the appellants to surrender possession of land and machinery. The respondents failed to deposit the amounts by the stipulated deadline; the High Court later accepted the …

THE CHIEF GENERAL MANAGER, JAGANNATH AREA AND ORS.versusSTATE OF ORISSA AND ORS.

1996 INSC 1084Dismissed

The petitioners owned dumpers used primarily within mining areas and were taxed as motor vehicles under the Orissa Motor Vehicles Taxation Act, 1975. They contended that the dumpers, because of their oversized dimensions, heavy‑duty tyres and inability to operate on public highways, were not …

THE SECRETARY, JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusDAULAT MAL JAIN

1996 INSC 1085Disposed off

The Supreme Court examined the validity of land allotted to "sub‑awardees" after the land had been acquired under the Rajasthan Land Acquisition Act. It held that once a notification under S.4 and possession under S.16 were effected, the original owner's title ceased and vested in the State, …

THE STATE OF KARNATAKA AND ANR.versusT. VENKATARAMANAPPA

1996 INSC 1086Disposed off

The respondent, a police constable, was prosecuted for bigamy after his wife alleged he had contracted a second marriage. He was discharged in the criminal trial for lack of evidence, but was suspended and a departmental enquiry was initiated under Rule 28 of the Karnataka Civil Service Rules, which …

P. SIDDALINGAPPAversusTHE STATE OF KARNATAKA AND ORS.

1996 INSC 1087Appeal(s) allowed

The appellant challenged the authority to appoint Deputy Commissioners who were promoted from the cadre of Revenue Officers of the Bangalore City Corporation under the Karnataka Municipal Corporation Act, 1976. The dispute centered on whether the Government or the Municipal Commissioner had the …

RAMESH KUMAR CHOUDHA AND ORS.versusSTATE OF M.P. AND ORS.

1996 INSC 1088Disposed off

The appellants and respondents were employees of the Madhya Pradesh Irrigation Engineering Service governed by the 1968 Recruitment Rules. The Rules stipulated that eligibility for promotion to Assistant Engineer be determined as of 1 January each year, requiring either 8 years of service for …

STATE OF U.P. AND ANR.versusT.P. LAL SRIVASTAVA

1996 INSC 1090Appeal(s) allowed

The respondent, a Senior Marketing Inspector, was served a charge‑sheet on 23 November 1984 alleging gross irregularities in the movement of wheat. He failed to submit a reply despite several letters, and the employer dismissed him on 26 June 1987. The High Court set aside the dismissal, holding …

ALL ORISSA ELECTRICAL WORKERS UNIONversusSTATE OF ORISSA AND ORS.

1996 INSC 1091Dismissed

The All Orissa Electrical Workers Union filed a Special Leave Petition challenging the State of Orissa's service rules that required Class III and higher employees, even if skilled or highly skilled, to retire at 58 instead of 60. The petition argued that various categories of workers such as …

C.K. LOKESHversusP.E. PANDURANGA NAIDU

1996 INSC 1092Appeal(s) allowed

The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant …

DELHI CLOTH AND GENERAL MILLS CO. LTD. AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 1082Dismissed

Delhi Cloth and General Mills Co. Ltd. imported tyre‑cord grade wood pulp from the United States and were required to pay additional duty under Section 3 of the Customs Tariff Act. The company contended that because wood pulp is not produced in India, the additional duty should be calculated on the …

RAMJI SHARMA @ RAMJI BABU (DEAD) BY LRS.versusTHE STATE OF BIHAR AND ORS.

1996 INSC 1083Dismissed

The appellants, co‑sharers of a parcel of land in the town of Hajipur, sought a re‑transfer of the land that had been sold to a third party under a registered deed. They invoked Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which allows …

KUMUD LATA DASversusINDU PRASAD

1996 INSC 1076Appeal(s) allowed

The appellant, a daughter-in-law, was in possession of a property when her mother‑in‑law filed a suit for possession. The appellant was set ex parte and sought restoration of the decree. The Delhi High Court ordered that the appellant deposit mesne profits of Rs 2,000 per month from the date of the …

P.A.THOMAS AND ANR.versusM. MOHAMMED TAJUDDIN AND ANR.

1996 INSC 1077Dismissed

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 …

DR. CHIITARANJAN SHARMA AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 1078Dismissed

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 …

MEERUT DEVELOPMENT AUTHORITY ETC.versusSATBIR SINGH AND ORS. ETC.

1996 INSC 1079Dismissed

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 …

DHARAMBIR SINGHversusUNION OF INDIA AND ORS.

1996 INSC 1081Dismissed

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, …

GHANTESHER GHOSHversusMADAN MOHAN GHOSH AND ORS.

1996 INSC 1071Disposed 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 …

UNITED BANK OF INDIAversusSH. NARESH KUMAR AND ORS.

1996 INSC 1073Appeal(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 …

UNION OF INDIAversusMHATHUNG KITHAN AND ORS.

1996 INSC 1074Appeal(s) allowed

Respondent No.1, an IAS officer from Nagaland, was allocated to the Haryana cadre under the 30‑point roster that earmarked the two available Nagaland vacancies for outsiders. He challenged the allocation before the Central Administrative Tribunal, which ordered his transfer to the Nagaland cadre. …

JAIPUR DEVELOPMENT AUTHORITYversusMAHAVIR HOUSING CO-OP., SOCIETY, JAIPUR ETC.

1996 INSC 1069Appeal(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. …

MOLLY JOSEPH @ NISHversusGEORGE SEBASTIAN @ JOY

1996 INSC 1075Dismissed

Molly Joseph sought a declaration that her marriage to George Sebastian was void on the ground that a prior marriage to Prince Joseph was still subsisting, despite an alleged annulment by an Ecclesiastical Tribunal. The husband contested, arguing that the earlier marriage remained valid and that …

UNION OF INDIA AND ANR.versusMADHAV S/0. GAJANAN CHAUBAL AND ANR.

1996 INSC 1070Appeal(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 …

STATE OF PUNJABversusM/S. YOGINDER SHARMA ONKAR RAI & CO. AND ORS.

1996 INSC 1060Appeal(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 …

UNIVERSITY GRANTS COMMISSION ETC.versusSADHANA CHAUDHARY AND ORS.

1996 INSC 1061Case Partly allowed

The Supreme Court examined the validity of the University Grants Commission's (UGC) exemption dates for candidates seeking lecturer appointments without clearing the eligibility test. The petitioners (UGC) argued that the circulars of 1993 and the 1995 notification, which set cut‑off dates of 31 …

IN RE : HARIJAI SINGH AND ANR.versusIN RE : VIJAY KUMAR

1996 INSC 1062Disposed 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 …

M/S. KALYANJI VITHALDAS AND SONSversusTHE STATE OF M.P. AND ORS.

1996 INSC 1064Dismissed

The appellant firm had a three‑year agreement with the Government of Madhya Pradesh for the purchase of tendu leaves, which was renewable annually. The appellant offered renewal on 7 December 1968; the Government accepted the offer on 31 January 1969, but the acceptance was communicated to the …

JAYKUMAR GANPATI WAIKARversusNIVRITTI SAKHARAM TITWE AND ORS.

1996 INSC 1065Dismissed

The appellant, a minor who succeeded his adoptive mother (a widow) as landlord, was involved in eviction proceedings under Section 31(3) of the Bombay Tenancy and Agricultural Lands Act, 1948. The mother died during the suit, which was later dismissed, and the appellant attained majority on 19 March …

D.K. CHHANGANI AND ORS.versusNITYA RANJAN MUKHERJEE AND ORS.

1996 INSC 1066Disposed 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 …

GHEEVARGHESE MATHEW ETC.versusSTATE OF KERALA AND ANR. ETC.

1996 INSC 1067Dismissed

The petitioners challenged the compensation awarded for land acquired by the Greater Cochin Development Authority under the Kerala Land Acquisition Act, 1950 (equivalent to the Land Acquisition Act, 1894). The acquisition officer initially fixed compensation at Rs 280 per cent, the civil court …

M/S. ESTER INDUSTRIES LTD.versusU.P. STATE ELECTRICITY BOARD AND ORS.

1996 INSC 1068Dismissed

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 …

KULDIP SINGHversusSTATE OF PUNJAB AND OTHERS

1996 INSC 1057Dismissed

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 …

DELHI DEVELOPMENT AUTHORITYversusKANWAR KUMAR MEHTA AND ORS. ETC.

1996 INSC 1058Appeal(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, …

JAHAR SINGHversusUNION OF INDIA AND OTHERS

1996 INSC 1049Appeal(s) allowed

Jahar Singh, an employee of the Savings Bank Control Organisation (SBCO), qualified in the 1992 examination for Accountant posts in the Post Office and Railway Mail Service but his candidature was cancelled on the ground that he was a Lower Division Clerk (LDC) and therefore ineligible. The …

SAHIB SINGHversusSTATE OF PUNJAB

1996 INSC 1050Appeal(s) allowed

Sahib Singh was arrested on suspicion and a police search recovered a revolver with six live cartridges from his bag. He was convicted under Section 25 of the Arms Act, 1959 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. On appeal, he argued that the prosecution …

DEVINDERversusSTATE OF HARYANA

1996 INSC 1051Appeal(s) allowed

On 26 July 1986 the appellant Devinder allegedly attacked Ramphal with a knife, inflicting chest and abdominal injuries in the presence of two eyewitnesses. The victim was taken to a hospital, where a medico‑legal report recorded his details and the manner of injury but omitted the assailant's name; …

ALL INDIA STATE BANK OFFICERS FEDERATION AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 1052Dismissed

The All India State Bank Officers Federation filed writ petitions under Article 32 challenging the State Bank of India's 7 March 1989 promotion policy for moving officers from Senior Management Grade Scale V to Top Executive Grade Scale VI. The petitioners argued that the policy was arbitrary for …

KESHUB MAHINDRAversusSTATE OF M.P.

1996 INSC 1053Appeal(s) allowed

The Supreme Court examined the criminal proceedings arising from the 1984 Bhopal gas tragedy, where a leak of methyl isocyanate (MIC) from a Union Carbide India Ltd plant caused thousands of deaths and injuries. Twelve individuals, including Keshub Mahindra and other senior officials, were charged …

SANKALCHAN JAYCHANDBHAI PATEL AND ORS.versusVITHALBHAI JAYCHANDBHAI PATEL AND ORS.

1996 INSC 1054Dismissed

The appellants and respondent were co‑owners of a property that had been partitioned and subsequently mutated in revenue records. The respondent filed an appeal under Section 11 of the Bombay Revenue Jurisdiction Act, which was dismissed, after which the appellants instituted a civil suit for …

JUDHISTIR MOHANTYversusSTATE OF ORISSA AND ORS.

1996 INSC 1055Dismissed

The appellant, a Superintendent of Jail in leave reserve (Class II), petitioned the Chief Minister for a transfer to Behrampur so he could settle before retirement. The government honored his request and transferred him to a Superintendent of Circle Jail (Class I) post, where he served from April to …

THE CANTONMENT BOARD,MATHURAversusKRISHNA BRICKS AND LIME FACTORY

1996 INSC 1047Dismissed

The respondent, a brick‑kiln owner, challenged a notification by the Mathura Cantonment Board that raised the tax on bricks from 0.19p to 0.75p per thousand, arguing that the Board derived no benefit and that the tax violated Section 60 of the Cantonments Act, 1924, the U.P. Municipalities Act, 1916 …

K.C.P. LIMITEDversusTHE PRESIDING OFFICER AND ORS.

1996 INSC 1042Appeal(s) allowed

K.C.P. Ltd. dismissed 29 workmen after disciplinary action during a strike. The recognised trade union (respondent No.2) raised an industrial dispute under Section 2(k) of the Industrial Disputes Act on behalf of all 29 workmen and later entered into a settlement under Section 18(1) offering either …

GAJRAJ SINGH ETCversusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS. ETC.

1996 INSC 1043Disposed off

The appellant, Gajraj Singh, held a stage‑carriage permit originally granted under the Motor Vehicles Act, 1939, which was later renewed under the Motor Vehicles Act, 1988. After the 1988 Act came into force, the State Transport Authority granted overlapping permits to other operators, and the …

BIKRAM SINGH AND ORS.versusTHE LAND ACQUISITION COLLECTOR AND ORS.

1996 INSC 1044Dismissed

The appellants, owners of land acquired compulsorily, received a notice demanding income‑tax on interest accrued due to delayed payment of compensation under the Land Acquisition Act, 1894. They challenged the notice through writ petitions, which the Punjab & Haryana High Court dismissed, holding …

STATE OF RAJASTHAN AND ORS.versusD.R. LAXMI AND ORS.

1996 INSC 1045Appeal(s) allowed

The State of Rajasthan acquired 31.28 acres of land for defence purposes, publishing a Section 4(1) notification in the Gazette on 23 March 1977 and taking possession on 19 May 1977. The High Court quashed the notification and the Section 6 declaration, holding that the notice failed to specify …

BASANT KUMAR ETC.versusUNION OF INDIA ETC.

1996 INSC 1046Appeal(s) allowed

The Supreme Court considered a dispute arising from a 1961 notification under Section 4(1) of the Land Acquisition Act, 1894, which acquired 1669 bighas of land in Posangipur. The original compensation was Rs 1400/1200 per bigha, later enhanced by the Additional District Judge to Rs 3050 per bigha. …

COMMISSIONER OF INCOME TAX, MADURAIversusM/S. T.V. SUNDARAM IYENGAR AND SONS LTD.

1996 INSC 1035Disposed off

M/s T.V. Sundaram Iyengar & Sons Ltd. received deposits from customers in the ordinary course of its trade. The deposits were initially recorded as capital receipts (security deposits). When a portion of these deposits remained unclaimed for a long period, the company wrote them off to its profit …

THE REGIONAL DIRECTOR, E.S.I. CORPORATION AND ANR.versusFRANCIS DE COSTA AND ANR.

1996 INSC 1037Appeal(s) allowed

The employee, Francis De Costa, was injured in a road accident while riding his own bicycle to work, about one kilometre from his factory and fifteen minutes before his shift began. He claimed disablement benefit under the Employees' State Insurance Act, 1948, and the ESIC Court allowed the claim, …

MANCHERI PUTHUSSERI AHMED AND ORS.versusKUTHIRAVATTAM ESTATE RECEIVER

1996 INSC 1041Dismissed

The suit land was mortgaged in 1896 and a decree for redemption was finally passed in 1960. During execution proceedings the mortgagor deposited the mortgage money and value of improvements on 14 March 1969, after which the mortgagee's right to possession ceased. The appellants argued that Section …

DEPUTY COLLECTOR, MINICOY AND ORS.versusNAVADIGOTHI MOHAMMED AND ORS.

1996 INSC 1038Appeal(s) allowed

The case concerned the South Pandaram lands of Lakshadweep, where villagers, through their Mooppans (trustees), historically enjoyed a collective right to collect coconuts but held no ownership over the land or trees. The administration, invoking the Laccadive, Minicoy and Amindivi Islands Revenue …

M/S. GUJARAT MACHINERY MANUFACTURERS LTD.versusCOLLECTOR, CENTRAL EXCISE, BARODA.

1996 INSC 1039Appeal(s) allowed

The respondent transferee-company sought sanction of a scheme of amalgamation with the transferor-company. The appellant, a shareholder, objected on grounds of non-disclosure of director's interest, unfairness to minority, and unfair exchange ratio. The High Court sanctioned the scheme, and the …

J.S. PARIHARversusGANPAT DUGGAR AND ORS.

1996 INSC 1030Dismissed

The Rajasthan High Court had earlier quashed a seniority list of engineers prepared with retrospective effect and directed a fresh list. Contempt proceedings were initiated under Section 12 of the Contempt of Courts Act, 1971, and a single judge, while considering the merits, held that the …

SH. S.K. VAISHversusUNION OF INDIA AND ORS.

1996 INSC 1031Dismissed

The petitioner, S.K. Vaish, an Assistant Engineer, was suspended and subjected to disciplinary proceedings that culminated in compulsory retirement in 1986. On appeal, the department directed that the punishment be treated partly as suspension and partly as in‑service, leading to his reinstatement …

PRAMOD LAHUDAS MESHRAMversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1032Dismissed

The petitioner, a qualified candidate from a Scheduled Caste, applied for the post of Overseer/Junior Engineer (Civil) advertised by the State of Maharashtra and was appointed on probation based on a recommendation letter from the Member Secretary of the Regional Subordinate Service Selection Board. …

BABU SINGH BAINS ETC.versusUNION OF INDIA AND ORS. ETC.

1996 INSC 1033Dismissed

The petitioner, Babu Singh Bains, owned a free‑hold plot in Chandigarh and constructed a double‑storeyed building that he used partly as a guest house, violating the city’s land‑use regulations. The Estate Officer, invoking Section 8A of the Capital of Punjab (Development & Regulation) Act, 1952, …

MJHEER H. MAFATLALversusMAFATLAL INDUSTRIES LTD.

[1996] SUPP. 6 S.C.R. 1

Mafatlal Industries Ltd (the transferee) sought to amalgamate with Mafatlal Fine Spinning and Manufacturing Co Ltd (the transferor) under a scheme of arrangement approved by a meeting of equity shareholders. The appellant, Miheer H. Mafatlal, a 5% shareholder and director of the transferor, objected …

AHMEDABAD URBAN DEVELOPMENT AUTHORITYversusMANILAL GORDHANDAS AND ORS.

1996 INSC 1036Appeal(s) allowed

The Ahmedabad Municipal Corporation submitted a revised development plan under the Bombay Town Planning Act in January 1976. The Gujarat Town Planning and Urban Development Act, 1976 came into force on 30 January 1978, repealing the Bombay Act and establishing the Ahmedabad Urban Development …

STATE OF BIHAR AND ORS.versusM.NEETHI CHANDRA, ETC. ETC.

1996 INSC 1024Disposed off

The State of Bihar issued a resolution (No.20) that candidates from reserved categories who qualified on merit would not be adjusted against the reserved quota, leading to grievances that such candidates were denied their preferred courses. The Patna High Court devised a seat‑allocation scheme …

GURSHARAM SINGHversusSTATE OF PUNJAB

1996 INSC 1025

Gursharan Singh demanded Rs. 2 lakh from Nirmal Singh for terrorist activities, threatening death. After a meeting where a revolver‑wielding accomplice threatened the victim, a reduced sum of Rs. 70,000 was agreed, of which only Rs. 50,000 was paid. The trial court convicted Singh under IPC Sections …

DILIP KUMAR TRIPATHY AND ORS. ETC.versusSTATE OF ORISSA AND ORS.

1996 INSC 1026Appeal(s) allowed

The State of Orissa advertised for Sepoy recruitment and prepared a first list of 225 candidates, appointing all except six reserved‑category candidates. To fill remaining vacancies, a second list of about 200 candidates, drawn from earlier test‑takers, was prepared, but only 16 were provisionally …

ANUGRAH NARAIN SINGH AND ANR. ETC.versusSTATE OF UTTAR PRADESH AND ORS.

1996 INSC 1027Case Partly allowed

The State of Uttar Pradesh failed to hold municipal elections for nearly a decade, prompting former legislator Anugrah Narain Singh to obtain a High Court direction to conduct elections by May 1994, later extended to November 1995. After the State issued a notification on 11 October 1995 for …

MRS. R.D. BHATIAversusSMT. RAJINDER KAUR AND ORS.

1996 INSC 1019Disposed off

The appellant, an advocate, was suspended for two years by the Bar Council of India on a complaint that she colluded with the opposing party and other lawyers to set aside an ex‑parte decree, allegedly acting as a mediator and misappropriating Rs. 3,500. The disciplinary committee relied on the …

M/S. RANADEY MICRONUTRIENTS ETC.versusCOLLECTOR OF CENTRAL EXCISE

1996 INSC 1028Appeal(s) allowed

The appellants, manufacturers of micronutrients, challenged the classification of their products for excise duty. An earlier Board circular (June 1990) classified micronutrients as "plant growth regulators" under heading 38.08, while a later circular (November 1994) re‑classified them as "other …

DR. DILIP KUMAR DEKA AND ANR.versusSTATE OF ASSAM AND ANR .

1996 INSC 1029Appeal(s) allowed

Dr. D.K. Deka and Dr. P.K. Baruah, doctors at Mahendra Mohan Choudhary Hospital, were accused by a Guwahati High Court judge of manipulating medical reports to keep accused Geeta Kalita in hospital, thereby thwarting a court order to produce her in police custody. The judge, relying on a medical …

SHATRUGHNA PRASAD SINHAversusRAJBHAU SURAJMAL RATHI AND ORS.

1996 INSC 1020Case Partly allowed

The appellant, Shatrughna Prasad Sinha, was charged after an interview published in Stardust magazine allegedly outraged the religious feelings of the Marwari community and defamed them as a class. Complaints were filed in the magistrate courts of Pune and Nasik. The High Court held that the Pune …

NANDATAIversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1021Dismissed

The petition arose from a land acquisition proceeding where a notification under Section 4(1) of the Land Acquisition Act, 1894 was published and notice under Rule 1 was served on the father‑in‑law, who was the recorded owner of the land at the time. The petitioner, who had obtained the land through …

NARAMADABEN MAGANLAL THAKKERversusPRANJIVANDAS MANGANLAL THAKKER AND ORS

1996 INSC 1023Appeal(s) allowed

Motilal Gopalji owned a property and executed a gift deed on 15 May 1965 in favour of the first respondent, reserving his right to retain possession and collect rents during his lifetime. Within a month he executed a cancellation deed on 9 June 1965, stating that the conditional gift had not been …

UNION OF INDIA AND OTHERSversusKESHAB LAL ROY AND OTHERS

1996 INSC 1008Appeal(s) allowed

The respondents, former employees of the privately owned ASL Railways which voluntarily liquidated in 1978, were appointed as "fresh entrants" in Indian Railways under a Ministry of Railways letter dated 17 March 1978. They sought to have their service with ASL Railways counted towards the ten‑year …

ALLAHABAD BANKversusSHRI PREM SINGH

1996 INSC 1009Appeal(s) allowed

Allahabad Bank appointed Shri Prem Singh as a temporary cashier for one day at a time through successive letters, each stating that his service would automatically terminate at the end of the day. After four days of such employment (14-17 June 1977), the bank did not offer further work. The …

TEJKUMAR BALAKRISHNA RUIAversusA.K. MENON AND ANOTHER

1996 INSC 1010Appeal(s) allowed

The appellant, Tej Kumar Balakrishna Rui, was declared a notified person under Section 3(2) of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. Section 3(3) of the Act provides that any property of a notified person stands attached from the date of …

UNION OF INDIA AND ORS.versusGARWARE NYLONS LTD. ETC.

1996 INSC 1011Dismissed

Garware Nylon Ltd. manufactured nylon yarn and nylon twine. Until 1977 the twine was cleared under Item 18 of the Central Excise and Salt Act, 1944, which allowed a partial exemption for fishing‑net use. After the introduction of Item 68 in 1977, the revenue re‑classified the twine under Item 68 and …

COMMISSIONER, SALES TAX, U.P., LUCKNOWversusM/S. GIRJA SHANKER AWANISH KUMAR

1996 INSC 1012Appeal(s) allowed

The Commissioner of Sales Tax appealed against a High Court order that had accepted the turnover disclosed in the assessee's account books despite the assessee's failure to maintain a stock register as required under Section 12(2) of the Uttar Pradesh Sales Tax Act, 1948. The assessee, a …

F.B. TARAPORAWALA AND ORS. ETC. ETC.versusBAYER INDIA LTD. AND ORS.

1996 INSC 1015Disposed off

Builders sought permission to construct buildings in an area where chemical factories operated, prompting the Bombay High Court to prohibit any construction within a 1 km radius of the factories. The chemical manufacturers appealed, arguing that the prohibition infringed the residents' right to …

UNION OF INDIAversusMOHAN SINGH AND ORS.

1996 INSC 1016Appeal(s) allowed

The first respondent claimed freedom‑fighter status and applied for a pension under the Freedom Fighters' Pension Scheme, relying primarily on a certificate from an MLA and a co‑prisoner as proof of six months' imprisonment. The Government examined the documents and concluded that they were …

SREEDAM CHANDRA GHOSHversusTHE STATE OF ASSAM AND ORS.

1996 INSC 1017Dismissed

S.C. Ghosh, an Assistant Graduate Teacher, was appointed to officiate as Headmaster of Kahilipara High School after the retirement of the regular headmaster. When a regular headmaster, Mukul Chandra Roy, was transferred to that post, Ghosh challenged the transfer, claiming he had been promoted to a …

M/S. VICTORIAN GRANITES (P) LTD.versusP. RAMA RAO AND ORS.

1996 INSC 1018Appeal(s) allowed

The appellant, M/s Victorian Granites (P) Ltd, challenged the Government’s order setting aside the assignment of mining leasehold rights by the original lessee, P. Rama Rao, to Magam Inc. The lease, granted under the Andhra Pradesh Mines & Mineral Concession Rules, 1966, was transferred exactly two …

N. RAJARATHINAMversusSTATE OF TAMIL NADU AND ANR.

1996 INSC 1003Dismissed

The petitioner, N. Rajarathinam, an Assistant Commissioner of Commercial Tax, was charged with demanding and accepting illegal gratification from a taxpayer (PW‑1). He was suspended and an enquiry was conducted by the Tamil Nadu Administrative Tribunal, which, after finding that the pre‑ponderance …

HANUMAN PRASADversusUNION OF INDIA AND ANR.

1996 INSC 1005Dismissed

The case concerned the cancellation of a select list of 106 candidates for Ticket Collector posts after a CBI preliminary report indicated that examination papers had been leaked and mass copying occurred. The candidates challenged the cancellation, contending that the Divisional Manager lacked …

MOHAMMADversusMOHAMMED BEKE

1996 INSC 1006Appeal(s) allowed

The appellant transferred one acre and 65 cents of land with a building to his father for his lifetime enjoyment, stipulating that after the father's death the property would be used as a Muslim Jamat mosque. While the father was still alive, the appellant executed a second deed cancelling the …

GUMAN SINGHversusSTATE OF RATASTHAN AND ORS.

1996 INSC 1007Dismissed

The petitioner, a lessee of sand stone in Rajasthan, failed to file the required returns under the Rajasthan Mineral Concession Rules, 1986, prompting the Assessing Authority to make a best‑judgment assessment under Rule 38(3) based on a government circular of 17 October 1987. A random weighment of …

KAMTA TIWARIversusSTATE OF M.P.

1996 INSC 994Dismissed

The appellant, a neighbour known as 'Tiwari Uncle', kidnapped, raped and murdered a seven‑year‑old girl named Pinky and disposed of her body in a well. The prosecution relied solely on a series of circumstantial facts, including the appellant's movements, forensic evidence linking his clothing and …

REVAPPA GURUSIDDAPPAversusTHAKUBAI MADHAVARAO PATIL AND ORS.

1996 INSC 996Dismissed

The first respondent entered into an agreement on 11 March 1983 to purchase 3 acres 28 gunthas of land for Rs.12,000, paying Rs.2,000 as earnest money. The petitioner‑second defendant subsequently bought the same land on 8 July 1983 for Rs.6,000 and registered the sale deed. The first respondent …

E. RAMAKRISHNAN AND ORS.versusTHE STATE OF KERALA AND ORS.

1996 INSC 997Dismissed

The petitioners, appointed as ad‑hoc field workers in Kerala's Filaria Department between 1981 and 1985, sought regularisation of their services after more than fourteen years. The Kerala High Court dismissed their writ petitions and directed the government to fill thirty vacancies through the …

SHYAM BAHADUR TRIPATHIversusU.P. STATE PUBLIC SERVICES TRIBUNAL AND ORS.

1996 INSC 998Dismissed

Shyam Bahadur Tripathi, a conductor with the U.P. Road Transport Corporation, was charged with misconduct for failing to issue tickets to 34 of 53 passengers on a bus. An enquiry was ordered, a charge‑sheet was served, and after a show‑cause notice and his explanation, he was removed from service on …

SHROMANI GURDWARA PRABHANDAK COMMITTEEversusJASWANT SINGH

1996 INSC 999Dismissed

The respondent, Jaswant Singh, filed a suit seeking declaration of title and possession of a parcel of land. The petitioner, Shromani Gurudwara Prabandhak Committee, initially denied any title of the alleged owner, Isher Singh, in its first written statement. After trial, the petitioner sought to …

DR. S.K. KACKERversusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

1996 INSC 1000Dismissed

Dr. S.K. Kacker, a Professor and Head of the ENT Department at AIIMS, was appointed Director of the Institute for a five‑year tenure (Oct 1990‑Oct 1995). After his tenure ended, he filed a writ petition seeking to revert to his earlier post until his superannuation in July 1998. The Delhi High Court …

MUNICIPAL BOARD, HAPUR ETC.versusJASSA SINGH AND ORS. ETC.

1996 INSC 1001Appeal(s) allowed

The Municipal Board of Hapur had set up a bus stand and, by resolution, increased the daily fee for its use from Rs 0.50 to Rs 0.75. Transport operators (the respondents) challenged the fee, arguing that the municipality lacked authority to levy it and that the increase was ultra vires. The …

HINDUSTAN STEELWORKS CONSTRUCTION LTD.versusTHE COMMISSIONER OF LABOUR AND ORS.

1996 INSC 987Appeal(s) allowed

Hindustan Steelworks Construction Ltd., a government company registered as a principal employer under the Contract Labour (Regulation and Abolition) Act, 1970, engaged M/s Investigation and Security Services India Pvt. Ltd. as a licensed contractor to supply security staff. The contractor paid the …

RASHTRIYA MILL MAZDOOR SANGHversusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 988Dismissed

The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, …

STATE OF ORISSA AND ORS.versusNARAIN PRASAD AND ORS.

1996 INSC 989Appeal(s) allowed

The State of Orissa awarded exclusive liquor licences to Narain Prasad and others, who contracted to lift a monthly minimum guaranteed quantity (MGQ) of liquor and remit excise duty in two instalments as per Orissa Excise (Exclusive Privilege) Rules, 1970. The licensees failed to lift the MGQ and to …

HIRAversusKASTURIBAI AND ORS.

1996 INSC 990Dismissed

The respondents, children of a deceased pakka tenant, sued to declare a 1960 sale deed executed by their mother invalid, alleging that her remarriage in 1958 forfeited her tenancy rights under the Madhya Bharat Land Revenue and Tenancy Act. The trial court, appellate court and High Court held that …

SH BENOY MAZUMDAR (DEAD) BY LRS.versusTHE COLLECTOR OF CACHAR

1996 INSC 992Dismissed

The appellant's 60 bighas of land, requisitioned in 1959 under the Assam Land (Requisition and Acquisition) Act, 1948 for settlement of Bangladesh refugees, was compensated at Rs. 300 per bigha under Section 7(1A). The appellant argued that the land, originally granted in 1872 for "special …

SMT. WINKY DILAWARI AND ANR.versusAMRITSAR IMPROVEMENT TRUST, AMRITSAR

1996 INSC 993Dismissed

The Amritsar Improvement Trust framed a scheme under the Punjab Town Improvement Act, 1922 to create a passage to Guru Nanak Stadium and, after statutory publication and government approval, began acquiring land for the scheme. The appellants, who purchased a vacant site after the scheme’s approval …

KRISHNAN AND ANR.versusSTATE OF KERALA

1996 INSC 977Dismissed

The deceased Madavan was killed in a night-time attack allegedly orchestrated by his brother Krishnan and nephew Vijay Kumar, who waited under a tree and assaulted him with knives. The trial court acquitted the accused, but the Kerala High Court convicted them under Section 302 read with Section 34 …

UNION OF INDIAversusMOHAN SINGH RATHORE AND ANR.

1996 INSC 978Disposed off

Mohan Singh Rathore, a Rajasthan State Police Service officer, was placed on the select list for promotion to the Indian Police Service (IPS) and his name was approved by the UPSC. The State Government failed to issue the mandatory "no deterioration certificate" before his retirement on 31 May 1988, …

SHARAFAT HUSSAIN (DEAD) THROUGH LRS.versusMOHD. SHAFIQ AND ORS.

1996 INSC 979Appeal(s) allowed

The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An …

STATE OF KARNATAKA AND ORS.versusS.M. KOTRAYYA AND ORS.

1996 INSC 980Appeal(s) allowed

The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held …

D. RADHAKRISHNANversusUNION OF INDIA AND ORS.

1996 INSC 981Dismissed

D. Radhakrishnan, appointed to the Tamil Nadu State Police Service in 1979, was transferred to a cadre post in July 1980 and continuously officiated there. He was first placed on the UPSC‑approved select list in 1979 (continued for 1980), omitted in 1981 due to lack of vacancies, and re‑included in …

ALLAHABAD DEVELOPMENT AUTHORITYversusNASIRUZZAMAN AND ORS.

1996 INSC 982Appeal(s) allowed

The Allahabad Development Authority had acquired 23 bighas 19 biswas of land for a Transport Nagar Scheme by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 and taking possession on 2 November 1977 under Section 17(4). The acquisition was later declared to have lapsed …

SH. SUVARAN RAJARAM BANDEKAR AND ORS.versusSH. NARAYAN R. BANDEKAR AND ORS.

1996 INSC 983Dismissed

The Supreme Court heard a civil appeal challenging a Bombay High Court order that dealt with a consent decree between the parties concerning payment of amounts and the handover of registration certificates (R.C.) for certain vehicles. The appellants sought modification of the payment schedule under …

UNION OF INDIA AND ANR.versusTHE SPECIAL LAND ACQUISITION OFFICER & ORS.

1996 INSC 984Dismissed

The Union of India and another party, as tenants of a plot in Worli Estate, challenged a compensation award made by the Special Land Acquisition Officer under the Land Acquisition Act, 1894. They argued that the award of Rs. 8300 per square foot was excessive and that, as tenants, they were entitled …

ARULMIGHU LAKSHMINARASIMHASWAMY TEMPLE SINGIRIGUDIversusUNION OF INDIA AND ORS.

1996 INSC 985Appeal(s) allowed

The case concerned a piece of land acquired under the Land Acquisition Act, 1894 for a public purpose. After the acquisition, a dispute arose over who was entitled to receive the compensation. The single judge had declared the title in favour of the petitioner and the division bench directed a civil …

SECY. (HEALTH) DEPTT. OF HEALTH AND F.W. AND ANR.versusDR. ANITA PURI AND ORS.

1996 INSC 970Appeal(s) allowed

The Punjab Public Service Commission advertised 21 Dental Officer posts requiring a B.D.S. degree and stating a preference for higher dental qualifications. Dr. Anita Puri, holding an M.D.S., filed a writ petition claiming that the preference clause entitled her to be selected, and the Punjab & …

N.R. DONGRE AND ORS.versusWHIRLPOOL CORPORATION AND ANR.

1996 INSC 971Dismissed

The plaintiffs, Whirlpool Corporation and its Indian joint‑venture TVS Whirlpool Ltd., claimed prior use and trans‑border reputation of the word mark "Whirlpool" and alleged that the defendants, trustees of Chinar Trust and related entities, had obtained a registration for the same mark in 1992 on …

P. SATYANARAYANA AND ANR.versusP. MALLAIAH AND ORS.

1996 INSC 972Appeal(s) allowed

The wife filed a complaint under Section 494 of the Indian Penal Code alleging bigamy by her husband, who claimed he had married a second time after ten years of desertion. The trial magistrate acquitted the husband, finding no evidence that a second Hindu marriage had been solemnized according to …

ABDUR RAHMAN & ORSversusATHIFA BEGUM AND ORS .

1996 INSC 973Appeal(s) allowed

Abdur Rahman & Ors appealed to the Supreme Court against a Karnataka High Court order that dismissed their appeal under Order 41 Rule 17 of the CPC because their counsel was absent. While dismissing the appeal, the High Court also examined the merits of the case and concluded that there was no …

M. JAYAKUMAR AND ORS. ETC.versusSTATE OF TAMIL NADU AND ORS.

1996 INSC 974Appeal(s) allowed

The case concerned the interpretation of Tamil Nadu Ministerial Service Rules and special rules under G.O.Ms. No. 3134 regarding promotion of Assistants to Superintendents in the Urban Land Tax Department. The respondents argued that all city‑based units (Board of Revenue, Assistant Commissioner’s …

BISHAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.

1996 INSC 976Appeal(s) allowed

Three police officers, including the petitioners, led a peaceful procession after duty hours to present a grievance about inadequate accommodation to the Superintendent of Police, in violation of a prohibitory order. They were dismissed from service under Rule 16(2) of the Punjab Police Rules for …

KASMIRI LAL AND ORS.versusSTATE OF PUNJAB

1996 INSC 966Dismissed

The Supreme Court examined an appeal by four men convicted for the murder of Gurbachan Singh and assault on his family. The appellants claimed they acted in private defence, alleging the incident occurred on the ground floor of their house where they were the victims. Evidence showed the assault …

M/S. SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD.versusSTATE OF BIHAR AND ORS.

1996 INSC 967Appeal(s) allowed

The Supreme Court considered an appeal by Shree Baidyanath Ayurved Bhandan Pvt. Ltd. against the State of Bihar, which had refused to refund taxes collected on certain ayurvedic preparations that the Court had earlier held to be illegal under the Excise Acts. The appellant had applied for refund in …

KRISHI UTPADAN MANDI SAMITIversusASHOK KUMAR DINESH CHANDRA AND ANR. ETC. ETC.

1996 INSC 968Appeal(s) allowed

The writ petitioners, traders in a market, claimed that the Krishi Utpadan Mandi Samiti was not providing any services and therefore could not charge a market fee. The Mandi Samiti counter‑claimed that it rendered several services such as electricity, water, sanitation, tents, and was planning …

FOOD CORPORATION OF INDIAversusF.C.I. DEPUTATIONIST ASSOCIATION AND ORS.

1996 INSC 965Dismissed

The Food Corporation of India (FCI) had taken several Sub‑Inspectors of the West Bengal Government on deputation and assigned them to the duties of Assistant Grade‑II for more than eighteen years. When the deputationists were to be absorbed into FCI's regular service, the corporation’s circular …

STATE OF MAHARASHTRAversusSH. MARUTI SHRIPATI DUBAL

1996 INSC 969Dismissed

Shri Maruti Shripati Dubal, a police constable, suffered a head injury in a 1981 road accident and was subsequently diagnosed with schizophrenia. He attempted self‑immolation on 27 April 1985 and was charged under Section 309 of the Indian Penal Code. While the case was pending, he challenged the …

BAKHTAWAR SINGH AND ANR.versusSADA KAUR AND ANR.

1996 INSC 953Dismissed

The plaintiffs, sons of Gulab Singh, claimed a two‑thirds share in ancestral land and filed a suit in 1962 which was later allowed on appeal. They filed another suit in 1964 for possession, which they withdrew in 1971 with liberty to file a fresh suit. In 1990 they instituted a fresh suit, but the …

VELLORE CITIZENS WELFARE FORUMversusUNION OF INDIA AND ORS.

1996 INSC 952Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by the Vellore Citizens Welfare Forum alleging that tanneries in five districts of Tamil Nadu were discharging untreated effluents, contaminating surface and groundwater, rendering 35,000 hectares of agricultural land unfit …

GENTELA VIJAYAVARDHAN RAO AND ANR.versusSTATE OF ANDHRA PRADESH

1996 INSC 954Dismissed

The appellants, G. Vijayavardhan Rao and another, were convicted of setting fire to a passenger bus, killing 23 people and injuring many, with the motive of robbery. They poured petrol into the bus, ignited it, and robbed passengers of cash, a wristwatch and clothing, as evidenced by recovered items …

M/S. J.K. SYNTHETICS LTD.versusCOLLECTOR OF CENTRAL EXCISE

1996 INSC 955Appeal(s) allowed

J.K. Synthetics Ltd filed a refund claim that was rejected, appealed and the appeal was allowed by the Collector (Customs). The Collector of Central Excise then appealed before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT). At the hearing on 31 August 1987 the appellant was …

MAHESHversusSTATE OF MADHYA PRADESH

1996 INSC 956Disposed off

Mahesh was charged with the murder of Krishna Kumar after a dispute over grazing cattle in a field. The deceased and two other labourers asked Mahesh to remove his cattle, leading to an altercation in which Mahesh struck Krishna Kumar once on the head with a pharsa, causing instant death. The trial …

SHERA SINGHversusTHE STATE OF PUNJAB

1996 INSC 957Appeal(s) allowed

Three persons were tried for the murder of Sucha Singh. The trial court convicted all under Section 302 read with Section 34 of the IPC. On appeal, the High Court acquitted two co‑accused but upheld the conviction of Shera Singh, relying on the testimony of an approver (PW‑13) and treating the …

UNION OF INDIA AND ORS.versusANAND SINGH BISHT

1996 INSC 958Disposed off

Anand Singh Bisht, a Naik in the Border Security Force, was convicted under the BSF Act and IPC section 307 for injuring a cadet and sentenced to one year of rigorous imprisonment. He had already spent about a year in pre‑trial detention and sought release by invoking Section 428 of the Code of …

SRI SAUNUversusCOLLECTOR, LAND ACQUISITION

1996 INSC 959Dismissed

The Supreme Court considered an appeal by Sri Saunu against the Collector’s award of compensation for 221 bighas of land acquired under the Land Acquisition Act, 1894 for the Beas‑Sutlej Link Project. The Land Acquisition Officer had fixed compensation between Rs 2,000 and Rs 5,000 per bigha, which …

SMT. SANTOSH KUMAR! ETC.versusSTATE OF HARYANA

1996 INSC 960Dismissed

The Supreme Court examined an appeal by Santosh Kumar and others against the Punjab & Haryana High Court’s enhancement of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894 for housing development in Panipat. The Land Acquisition Officer had fixed compensation per …

SHARANAPPA BASAPPA DINDAWARversusSTATE OF KARNATAKA AND ORS.

1996 INSC 961Appeal(s) allowed

Sharanappa Basappa Dindawar owned 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28/2. By a registered exchange deed dated 18 August 1971 he swapped the 28 acres 10 gunthas for 30 acres 24 gunthas of land in Survey No. 175, increasing his total holding to 45 acres 30 …

P.G. ESHWARAPPAversusM. RUDRAPPA AND ORS.

1996 INSC 962Dismissed

Mohammed Khan sold a two‑acre parcel of land in Shimoga to P.G. Eshwarappa after the tenant, Channabasappa (father of the respondents), refused to purchase it. Channabasappa sued for declaration of title and possession, obtaining a decree in 1959 that forfeited his tenancy. The appellant took …

POSHETTY AND ORS.versusSTATE OF ANDHRA PRADESH

1996 INSC 963Dismissed

The Supreme Court considered an appeal by Poshetty and others against the State of Andhra Pradesh concerning the Land Acquisition Act, 1894. The issue was whether serving a notice of award under Section 11, together with its enclosure, is a pre‑condition under Section 12(2) for the limitation period …

VENKATASWAMAPPAversusTHE SPECIAL DEPUTY COMMISSIONER (REVENUE)

1996 INSC 964Dismissed

The appellants challenged the validity of a notification issued under Section 4(1) of the Land Acquisition Act, 1894, which sought to acquire 80 acres of land for a house‑building cooperative society. They argued that the notification was mala fide because some of their lands had previously been …

RAMESHWAR DASS GUPTAversusSTATE OF U.P. AND ANR.

1996 INSC 949Dismissed

The Uttar Pradesh Public Services Tribunal set aside the removal of Rameshwar Dass Gupta and ordered his confirmation, promotion and payment of salary, gratuity and pension. Gupta filed an execution petition under Order 21 Rule 1 of the CPC to recover the awarded amounts. The executing court, …

RAMESHWARLALversusMUNICIPAL COUNCIL, TONK AND ORS.

1996 INSC 950Disposed off

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the …

MAHABIR SUGAR MILLS LTD. AND ORS. ETC.versusSTATE OF U.P. AND ORS. ETC.

1996 INSC 951Dismissed

The Supreme Court considered a series of appeals and writ petitions filed by Mahavir Sugar Mills Ltd. and related parties against the State of Uttar Pradesh concerning the U.P. Sugar Undertakings (Acquisition) Act, 1971. The Court noted that the validity of the Act had already been upheld in Ishwari …

SUSHIL KUMARversusMOTI RAM AND ANR.

1996 INSC 944Appeal(s) allowed

The appellant's grandfather bought a house in the appellant's name but later sold it to the appellant's step‑mother. The appellant sued for a permanent injunction to prevent his father and step‑mother from interfering with his possession, but the suit and subsequent appeals were dismissed. On …

I.T.C. LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1996 INSC 945Dismissed

The appeal filed by I.T.C. Limited challenged the Customs, Excise and Gold (Control) Appellate Tribunal's decision to uphold a notification issued by the Central Excise authorities. The appellant contended that the notification was not operable because it was not published in the Official Gazette, …

KUTTIYAPPANversusUNION OF INDIA AND ORS.

1996 INSC 946Dismissed

The petitioners, selected for promotion under a 25% internal quota, joined their posts in October 1990, while direct recruits under the same quota joined earlier in August 1990. The petitioners claimed that, because their selection process began earlier, they were entitled to seniority over the …

THE UNION OF INDIAversusSHRI SUBE RAM AND ORS.

1996 INSC 947Appeal(s) allowed

The Union of India acquired land in Delhi under the Land Acquisition Act, 1894 and awarded compensation, which was subsequently enhanced by the Land Acquisition Officer and the Additional District Judge. The High Court, relying on the 1984 Amendment Act, further enhanced the compensation by granting …

STATE OF KARNATAKA AND ORS.versusD.C. NANJUDAIAH AND ORS.

1996 INSC 948Appeal(s) allowed

The State of Karnataka issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 August 1982 and later conducted an enquiry under Section 5‑A, after which a declaration under Section 6 was published on 24 June 1985. Two writ petitions challenged both the notification and the …

BALRAM S/O BHASA RAMversusILAM SINGH AND ORS.

1996 INSC 926Dismissed

The appellant, a decree‑holder, obtained a money decree against the respondent and sought execution by auctioning the respondent's agricultural land. Although the appellant was permitted to bid and his bid was accepted, he failed to deposit the full purchase price within the statutory 15‑day period, …

NAYUDU SRIHARIversusSTATE OF ANDHRA PRADESH

1996 INSC 927Appeal(s) allowed

The appellant, Nayudu Srihari, and fourteen others were charged with the murder of Nagulu, a member of a rival faction, based solely on the testimony of PW‑1. The trial court and the Andhra Pradesh High Court upheld the conviction, despite inconsistencies in PW‑1's statements, the fact that his …

RAI SINGHversusSTATE OF HARYANA

1996 INSC 928Dismissed

Rai Singh was convicted for the murder of Smt. Parkashi, who was shot with a pistol inside her house in the early hours of January 30, 1987. The prosecution established that Singh had an illicit relationship with the deceased, and that he was present at the house on the night of the murder, where he …

SURESH LOHIYAversusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 929Appeal(s) allowed

Suresh Lohia's bamboo mat was confiscated by forest authorities as alleged forest‑produce. The Additional Sessions Judge ordered its release, but the Bombay High Court reversed, holding the mat to be forest‑produce under the Indian Forest Act, 1927. Lohia appealed to the Supreme Court, contending …

MEHBUB SAMSUDDIN MALEK AND ORS.versusSTATE OF GUJARAT

1996 INSC 930Dismissed

The Supreme Court examined the appeal of Mehbub Samsuddin Malek and two co‑accused convicted for a communal riot in Baroda. The driver (appellant No.1) stopped his bus opposite a mob of armed Muslim youths, got down, and conversed with them, after which the mob attacked the passengers, leading to …

PARICHHAN MISTRY (DEAD) BY LRS. AND ANR.versusACHHIABAR MISTRY AND ORS.

1996 INSC 931Appeal(s) allowed

The appellants, mortgagors, executed a usufructuary mortgage bond and were obliged to pay rent. After defaulting, the landlord obtained a decree for arrears, which was executed by selling the property; the mortgagee paid the decretal amount. The mortgagee contended that this payment extinguished the …