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Judgments of 1996

1535 judgments · newest first · showing 601–800

SMT. SAWARNIversusSMT. INDER KAUR AND ORS.

1996 INSC 932Appeal(s) allowed

The plaintiff, Smt. Sawarni, and her sister Roori claimed to be the daughters of the deceased landowner Gurbax Singh and sought a declaration of title and possession of the disputed land. A will executed by the widow Gurdip Kaur in favour of the two daughters and a succession certificate issued …

SITA DEVI & ORS. ETC. ETC.versusSTATE OF HARYANA & ORS.

1996 INSC 933Dismissed

The petitioners, non‑matriculate instructors in Haryana's Adult Literacy Programme, claimed that they performed the same duties as matriculate instructors and therefore deserved the same pay scale, invoking the doctrine of "equal pay for equal work" under Article 14. They sought regularisation, back …

R.C. JAINversusHIGH COURT OF PATNA AND ORS.

1996 INSC 934Dismissed

The appellant, a District & Sessions Judge, was denied extension of service beyond age 58 and challenged the decision in a writ petition. The High Court, on the Chief Justice's direction, filed a Letters Patent Appeal (LPA) against the single judge's order, which was admitted and eventually decided …

M/S. JYOTI PRASHAD VINOD KUMAR AND ANR.versusYASH PAL AND ORS.

1996 INSC 935Appeal(s) allowed

The tenants appealed against an eviction order issued by the appellate authority and affirmed by the High Court, which was based on the alleged non‑payment of increased rent that included a newly levied house tax. Under Section 8(1) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a …

THE SPECIAL LAND ACQUISITION OFFICER, SRIRANGAPATNAMversusNAGEGOWOA

1996 INSC 936Appeal(s) allowed

The Special Land Acquisition Officer acquired 5 acres 21 gunthas of land for a canal under a Section 4(1) notification of the Land Acquisition Act, 1894. The officer initially awarded Rs 4,800 per acre, which was enhanced by a civil judge to Rs 20,000 per acre and upheld by the High Court. On …

JOYACHAN M. SEBASTIANversusTHE DIRECTOR GENERAL AND ORS.

1996 INSC 937Dismissed

Joyachan M. Sebastian was initially appointed as Clerk Grade‑II at the Doordarshan Television Station, Kohima on 21 September 1983. The post was abolished on 8 June 1983 and he was transferred, at his option, to the Doordarshan Kendra, Salem on 6 August 1984, and later, at his request, to Trivandrum …

THE DIVISIONAL FOREST OFFICER AND ORS.versusS. NAGESHWARAMMA

1996 INSC 938Appeal(s) allowed

The respondent held a mining lease granted in 1979 for extracting minerals in a forest area, which expired in 1984. The Forest Conservation Act, 1980, which came into force in 1980, requires prior central government approval for any mining in forest areas. In 1989 the respondent applied for renewal …

GUJARAT INDUSTRIAL DEVELOPMENT CORPORATIONversusNAROTTAMBHAI MORARBHAI AND ANR.

1996 INSC 939Appeal(s) allowed

The Gujarat Industrial Development Corporation acquired 861,515 sq m of waste land on the outskirts of Surat for industrial development under a notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs 5 per sq m, which was later enhanced to Rs …

STATE OF KERALA AND ANR.versusRADHAMANY

1996 INSC 940Appeal(s) allowed

The State of Kerala sought recovery of arrears owed by an abkari contractor, Vasudevan, who defaulted on dues as of 1 April 1969. A demand notice was issued on 17 June 1969, after which the contractor transferred three acres of agricultural land to his wife on 30 June 1969. The Tehsildar issued a …

PAPAIAHversusSTATE OF KARNATAKA AND ORS.

1996 INSC 941Dismissed

The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) …

FERTILIZER CORPORATION OF INDIA LTD. AND ANR.versusSARATCHANDRA RATH AND ORS.

1996 INSC 943Appeal(s) allowed

The case concerned the revision of pay scales and fringe benefits for officers and workmen of Fertilizer Corporation of India Ltd. (FCI). Workmen who were promoted to the lowest officer scale before 1 January 1987 were already officers, whereas those promoted after that date were still workmen at …

GANPATI BAYAJI PATILversusSBRIDHAR BABAJI VIBHUTE (D) BY LRS. AND ORS.

1996 INSC 922Appeal(s) allowed

The appellant, a tenant, occupied the land on Tillers' Day (1‑April‑1957) when the landlord was a joint family. After a partition on 31‑March‑1958, the respondent obtained a share and applied for a Section 88C exemption certificate on 14‑April‑1959 without notifying the tenant. The respondent later …

JOTE SINGH (DEAD) BY LRS.versusRAM DAS MAGTO AND ORS.

1996 INSC 923Dismissed

Smt. Udhwantia, a limited owner, gifted her estate to her grandson Ramdas Mahto, who later sold the property twice and it was eventually sold at a court‑ordered auction. Ram Deiya sued to recover the property, and the trial court and lower appellate courts decreed in her favour. After her death, her …

MRS. JUDITH FERNANDES AND ORS.versusCONCEICAO ANTONIO FERNANDESE AND ANR,

1996 INSC 924Dismissed

Mrs. Judith Fernandes and others leased land containing coconut trees to Conceicao Antonio Fernandes and others for six years. After the lease expired, the plaintiffs filed an eviction suit on 10 October 1973, before the Fifth Amendment to the Goa, Daman and Diu Agricultural Tenancy Act, 1964 came …

SMT. SHANTI DEVI AND ANR.versusHUKUM CHAND

1996 INSC 925Dismissed

The land in dispute was transferred to the appellant in 1980, after which the respondent filed a suit for pre-emption that was decreed on 27 August 1983. The decree was affirmed by the court of appeal and a second appeal was dismissed by the High Court on 5 April 1984, making the decree final. When …

RAMESH DUTTversusSTATE OF PUNJAB

1996 INSC 913Appeal(s) allowed

The Supreme Court examined an appeal by Ramesh Dutt, whose 180 acres of land in Bhatinda had been acquired under the Land Acquisition Act, 1894. Dutt claimed compensation for the land and for loss of his poultry business. The trial court awarded market value compensation for the land and the High …

THE UNITED INDIA INSURANCE CO. LTD.versusM/S M.K.J. CORPORATION

1996 INSC 914Disposed off

The United India Insurance Company appealed against an order of the National Consumer Disputes Redressal Commission directing it to pay Rs.5,04,453.23 to M.K.J. Corporation for leather spoiled during an employees' strike, together with interest. The insurer contended that a clause (b) of Section 2 …

THE SPECIAL LAND ACQUISITION OFFICERversusVIRUPAX SHANKAR NADAGOUDA

1996 INSC 915Appeal(s) allowed

The Special Land Acquisition Officer awarded compensation for agricultural land and a separate sum for a well. On reference, the civil judge increased the compensation, and the Karnataka High Court affirmed it. The appellant challenged the use of a 15‑year multiplier in calculating compensation …

RAMLALversusUNION OF INDIA

1996 INSC 916Dismissed

Ram Lal was appointed on an ad‑hoc basis as a casual railway worker in 1962 and was illegally terminated in 1964. A civil court set aside the termination and reinstated him in 1971, granting regular status effective from September 1971 after he passed a medical examination. He claimed that he should …

THE STATE OF GUJARATversusGOPALBHAI BECHARBHAI ETC.

1996 INSC 917Appeal(s) allowed

The State of Gujarat obtained a land acquisition award on 26 June 1981 under Section 11 of the Land Acquisition Act, 1894, and a notice under Section 12(2) was issued on 18 September 1981. An application for reference to a civil court under Section 18 was filed only on 30 July 1985, more than three …

UNION OF INDIA AND ORS.versusDHANWANTI DEVI AND ORS.

1996 INSC 911Appeal(s) allowed

The Union of India appealed against an award of solatium and interest granted by an arbitrator under Section 8 of the Jammu & Kashmir Requisition and Acquisition of Immovable Property Act, 1968, where the respondents' lands had been acquired for defence purposes. The Supreme Court examined whether …

BABA PEER PARAS NATH AND ANR. ETC.versusSTATE OF HARYANA

1996 INSC 918Dismissed

Six accused were tried for a terrorist attack on a temple. All made confessional statements before a Superintendent of Police under Section 15 of the Terrorist and Disruptive (Prevention) Activities Act (TADA). Two of them, Baba Peer Paras Nath and Baldev Nath, were charged only under the Indian …

STATE OF U.P. AND ORS. ETC.versusSMT. MALTI KAUL AND ANR. ETC.

1996 INSC 920Appeal(s) allowed

The Supreme Court examined whether the Uttar Pradesh Urban Planning and Development Act, 1973 empowers a development authority to levy a development fee on applicants for plan sanction. The High Court had held that no such power existed, but the Supreme Court read Sections 14, 33, 41, 56 and related …

STATE OF U.P. AND ORS.versusBRIDGE AND ROOF CO. (INDIA) LTD.

1996 INSC 906Dismissed

The State of Uttar Pradesh entered into a works contract with Bridge & Roof Co. (India) Ltd., which required the State to deduct 4% tax at source under the U.P. Trade Tax Act, 1948. The Commissioner of Sales Tax, under a composition scheme, directed a reduced deduction of 1% and the State complied, …

TAPAN KUMAR SADHUKHANversusFOOD CORPORATION OF INDIA

1996 INSC 904Disposed off

The Food Corporation of India (FCI) had a stock of sub‑standard rice and issued a tender inviting licensed dealers to purchase it on the condition that they would upgrade the rice before it entered the market for human consumption. Two licensed dealers challenged the tender, alleging it violated the …

COMMISSIONER OF INCOME TAX GUJARATversusSHRI UDAYAN CHINUBHAI AND ORS.

1996 INSC 907Appeal(s) allowed

The respondents, former members of a Joint Hindu Family, received specific assets and certain family debts after a partition ordered by an arbitrator's award. They claimed that interest paid on these debts, especially to unsecured creditors, should be deductible as a diversion of income by an …

ABDUL FAZAL SIDDIQUIversusFATEHCHAND HIRAWAT AND ANR.

1996 INSC 908Appeal(s) allowed

The appellant was charged with cheating for allegedly making false representations that a business, Calcutta Cafe, was free of encumbrances, leading the complainant to advance a loan of Rs.30,000. The trial court convicted him under Section 420 read with Section 34 of the IPC, a decision upheld by …

STATE OF ANDHRA PRADESHversusNAGOTIVENKATARAMANA

1996 INSC 909Appeal(s) allowed

The State of Andhra Pradesh prosecuted N. Venkatramana, a video shop owner, for possessing 90 video cassettes that lacked the statutory particulars required under Section 52-A of the Copyright Act, 1957. The trial court convicted him under Section 63, imposing six months' imprisonment and a fine of …

M/S. FAIR AIR ENGINEERS PVT. LTD. AND ANR.versusN.K. MODI

1996 INSC 910Appeal(s) allowed

M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under …

THE COMMERCIAL TAX OFFICER AND ORS.versusM/S. BISWANATH JHUNJHUNWALA AND ANR.

1996 INSC 905Appeal(s) allowed

The Commercial Tax Officer sought to reopen sales‑tax assessments of Biswanath Jhunjhunwala for the assessment years Chaitra Sudi 2023‑24, which had been finalized in early 1969. Under the original Rule 80(5)(ii) of the Bengal Sales Tax Rules, such assessments could be reopened only within four …

NIRMAL SINGH ETCversusSTATE OF HARYANA

1996 INSC 898Disposed 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 …

THE SPECIAL LAND ACQUISITION OFFICER, DHARWADversusSMT. TAJAR HANIFABI

1996 INSC 899Appeal(s) allowed

The Special Land Acquisition Officer acquired six acres of agricultural land near Chikodi municipality for industrial development under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation on an acreage basis, but the reference court and the Karnataka High …

UNION OF INDIA AND ORS.versusSHRI PARMANAND

1996 INSC 900Dismissed

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 …

SOHAN SINGHversusSARWAN SINGH AND ORS.

1996 INSC 901Dismissed

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 …

HIRABAIversusHANUMANTH KRISHNAJI BHIDE AND ORS.

1996 INSC 902Dismissed

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 …

STATE OF PUNJABversusMANINDER SINGH

1996 INSC 903Dismissed

The State of Punjab filed a Special Leave Petition challenging the Punjab & Haryana High Court's order that quashed the FIR against Maninder Singh for alleged misappropriation of Rs. 1.61 crore of public funds. The Supreme Court directed the State to produce the charge‑sheet and statements of …

SUNNY KRUIAKORE AND ORS.versusSTATE OF KERALA AND ORS.

1996 INSC 891Dismissed

The case concerned three parcels of a former large rubber estate that had been sold and were managed separately. The appellants challenged the applicability of the Plantations Labour Act, 1951 (as amended by the Plantations Labour (Amendment) Act, 1960) to their estates, arguing that the proviso to …

PFIZER LTD.versusMAZDOOR CONGRESS AND ORS.

1996 INSC 892Appeal(s) allowed

Pfizer Ltd., a pharmaceutical manufacturer, terminated two security staff members (respondents) after they were arrested for alleged theft, invoking its standing order for loss of confidence. The respondents filed complaints under Section 28 of the Maharashtra Recognition of Trade Union and …

SRI M.A. RAJASEKHARversusTHE STATE OF KARNATAKA.AND ANR.

1996 INSC 893Appeal(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. …

COMMISSIONER OF INCOME TAX, BOMBAYversusT.P. KUMARAN

1996 INSC 894Appeal(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 …

MAULVI ISSA QURESHIversusDISTRICT JUDGE, DEORIA AND ORS.

1996 INSC 895Appeal(s) allowed

Ram Nihore filed a suit on April 25, 1988, impleading Mansari as co‑plaintiff for a perpetual injunction restraining the appellant from possession and enjoyment of the schedule property. The suit was dismissed for default on May 27, 1988. The appellant objected that Ram Nihore had died on September …

STATE OF KARNATAKAversusG.M. HAYATH

1996 INSC 897Dismissed

The State of Karnataka initiated disciplinary proceedings against G.M. Hayath under Rule 6(1) of the Karnataka State Police Disciplinary Proceedings Rules, 1965, alleging that he had submitted a false income certificate at recruitment, claiming his father's income exceeded the Rs 1,000 per annum …

VOICE (CONSUMER CARE) COUNCILversusSTATE OF TAMIL NADU

1996 INSC 884Dismissed

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 …

COMMISSIONER OF INCOME TAXversusKARAM CHAND THAPAR AND OTHERS

1996 INSC 885Appeal(s) allowed

The assessee, Karam Chand Thapar & others, acted as a del credere agent for coal collieries and as an agent for coal purchasers. It claimed "under‑charges" from collieries for freight overcharges on under‑loaded wagons, received the amounts before any purchaser claim, and paid purchasers when they …

MIS. JAIN EXPORTS PVT. LTD. AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 886Dismissed

Jain Exports Pvt. Ltd. and others imported liquid caustic soda and were required to pay customs, auxiliary and countervailing duty at 92.5% while State Chemicals and Pharmaceuticals Corporation of India Ltd. paid only 10% under an exemption granted under Section 25(2) of the Customs Act. The …

SHREE KRISHNA GYANODAY SUGAR LTD.versusSTATE OF BIHAR

1996 INSC 887Case Partly allowed

The appellants, Shree Krishna Gyanoday Sugar Ltd., operated several distilleries licensed to manufacture denatured spirit, other industrial spirits and potable liquor. The State of Bihar, via the Superintendent of Excise, demanded that the appellants bear the establishment costs of excise staff …

SATGURU SHARAN SHRIVASTAVAversusDWARKA PRASAD MATHUR (DEAD) THROUGH LRS. AND ORS.

1996 INSC 888Dismissed

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 …

J. JAISHANKARversusTHE GOVERNMENT OF INDIA AND ANR.

1996 INSC 889Dismissed

The petitioner, a government employee, was convicted under Section 509 of the Indian Penal Code and fined Rs.200, a conviction that was final and involved moral turpitude. He sought a reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 to contest his dismissal. …

STATE OF HARYANA AND ANR.versusJAIPAL SINGH AND ORS.

1996 INSC 890Disposed 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 …

DR.BUDHIKOTASUBBARAOversusMR. K. PARASARAN AND ORS.

1996 INSC 873Dismissed

The petitioner, a former Indian Navy captain, was detained in 1988 on suspicion of carrying atomic and defence secrets and was prosecuted under the Official Secrets Act and the Atomic Energy Act after consent from the Attorney General and authorisation from the Chief Vigilance Officer of the …

SH. V.K RAMAMURTHYversusUNION OF INDIA AND ANR.

1996 INSC 874Dismissed

The petitioner, a railway employee who retired in July 1972, was given several opportunities to switch from the Contributory Provident Fund (CPF) scheme to the Railway Pension Scheme but consistently chose to remain in the CPF and received the lump‑sum settlement on retirement. After a lapse of 24 …

D.C.M. LTD. AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 875Dismissed

D.C.M. Ltd. owned two sugar factories and expanded them after receiving a licence in February 1975. The Government announced an incentive scheme in November 1975 offering a higher quota of levy‑free sugar to factories that expanded between 1 Nov 1975 and 20 Oct 1980. The sugar market was …

SMT. DEVTIDEVI DAULAT RAMversusMOTI AND ANR.

1996 INSC 876Appeal(s) allowed

The appellant, widow of a saw‑mill owner who defaulted on employer's provident fund, challenged the auction sale of the owner's land on the ground that the successful bidder (first respondent) failed to deposit the balance of the bid within the two‑month period prescribed by Sections 202 and 203 of …

GOLA PULLANNA AND ANR.versusSTATE OF ANDHRA PRADESH

1996 INSC 877Dismissed

The case involved a fatal assault on Sivarami Reddi (Sivanna) by a group of accused persons amid a long-standing enmity. Three eye‑witnesses, who were relatives of the deceased, filed a written complaint and identified the assailants; the trial court convicted several accused under Sections 148 and …

NIRLON SYNTHETIC FIBRES AND CHEMICALS LTD. ETC.versusTHE COLLECTOR OF GENERAL EXCISE

1996 INSC 878Appeal(s) allowed

Nirlon Synthetic Fibres & Chemicals Ltd. manufactures nylon yarn from caprolactam and recycles waste poly‑caprolactam to recover caprolactam in molten form. The Excise authorities treated this recycling as a separate manufacturing process and levied excise duty on the recovered caprolactam. The …

STATE OF TAMIL NADUversusTYL. JEEVANLAL LTD.

1996 INSC 879Dismissed

The State of Tamil Nadu challenged orders of the Appellate Assistant Commissioner that were partly against the Revenue and partly in favour of the assessee, Tyl. Jeevanlal Ltd. The issue was whether the Board of Revenue could, suo motu, revise the portion of the order adverse to the Revenue after …

M. GOVINDARAJUversusK. MUNISAMI GOUNDER (D) AND ORS.

1996 INSC 880Appeal(s) allowed

The Supreme Court heard the appeal of M. Govindaraju, who sought a one‑seventh share in his father's joint Hindu family property. Govindaraju was born to Pappammal, who had earlier been married to Koala Gounder but left his house in 1942‑43 and thereafter lived with Munisami Gounder, the father of …

STATE OF U.P.versusRAMESH PRASAD MISRA AND ANR.

1996 INSC 881Case Partly allowed

The case concerned the murder of Urmila Devi, aged 19, who was strangulated and her body subsequently burnt. The trial court convicted her husband, Ramesh Prasad Misra, under IPC sections 302, 201 and 498‑A and sentenced him to death, while his mother was convicted under sections 201 and 498‑A; the …

SURAT SINGH (DEAD) BY LRS. AND ORS ETCversusUNION OF INDIA

1996 INSC 882Dismissed

The case concerns the award of compensation for land acquired under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs. 2,000 per bigha, which was later enhanced by the Additional District Judge to Rs. …

STATE OF U.P. AND ORS.versusSMT. GAYATRI DEVI PANDEY

1996 INSC 883Appeal(s) allowed

Smt. Gayatri Devi Pandey, originally appointed as a School Psychologist and later regularised as an L.T. Grade teacher, was subsequently appointed on an ad‑hoc basis as Assistant Psychologist and promoted to Vocational Guidance Counsellor. She sought regularisation in these posts, but her …

CITY OF NAGPUR CORPORATIONversusM/S. KHEMCHAND KHUSHALDAS AND SONS AND ORS.

1996 INSC 869Appeal(s) allowed

The respondents, manufacturers of incense sticks, challenged a 1979 notification by the State of Maharashtra that sanctioned higher octroi rates proposed by the City of Nagpur Corporation under the 1948 Act. The High Court held the rates ultra vires because they exceeded the maximum octroi rates …

THE AMALAPURAM MUNICIPAL COUNCIL AND ANR.versusU. SIMHADRI

1996 INSC 870Dismissed

The Amalapuram Municipal Council sought to fill the post of Chairman by calling names from the employment exchange. Initially, under Government Memorandum No. 372 (Feb 18, 1992) the Chairman could select candidates without any counter‑verification. However, Government Order No. 413 (Mar 10, 1992) …

SH. BAU NATH GUPTAversusSTATE OF BIHAR AND ORS.

1996 INSC 871Disposed off

Sh. Bau Nath Gupta was appointed on a temporary basis as Assistant Master in the Government of Uttar Pradesh in December 1955 and served for about four years before being recruited by the Bihar Public Service Commission and joining the Bihar Government in January 1959, where he retired in December …

PARWATBAIversusSONABAI AND ORS.

1996 INSC 872Dismissed

The dispute concerned land originally owned by Punjaba. Upon his death, his widow Parwatabai obtained a limited estate in 1941 and executed a registered gift deed transferring enjoyment of the land to her husband, who thereafter possessed it. After Parwatabai’s death in 1966, her daughters claimed …

NALANIKANT RAMADAS GUJJARversusTULASIBAI (DEAD) BY LRS. AND ORS.

1996 INSC 858Dismissed

The plaintiff's ancestor leased a vacant plot of land to Binny Company in 1889, which then constructed a building and installed ginning and pressing machines before the Bombay Rents, Hotel and Lodging Houses Rates (Control) Act, 1947 came into force. The lease was subsequently transferred to the …

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

1996 INSC 860Disposed off

The Supreme Court, hearing numerous interlocutory applications in the T.M.A. Pai Foundation matter, clarified that the fee structures it had fixed for the academic years 1993-94, 1994-95 and 1995-96 are confined to those years only and are not refundable. It ordered that the fee order of 11 August …

JYANTILAL RATANCHAND SHAHversusRESERVE BANK OF INDIA AND ORS

1996 INSC 859Dismissed

The petitioners, a charitable society and a trust, challenged the High Denomination Bank Notes (Demonetisation) Act, 1978, claiming that the Act extinguished their property rights in high‑denomination notes without compensation, violated Articles 19(1)(f), 19(1)(g) and 31(2) of the Constitution, …

INDIAN BANKversusM/S. SATYAM FIBRES (INDIA) PVT. LTD.

1996 INSC 861Appeal(s) allowed

The appellant Indian Bank forwarded Bills of Exchange to a French bank on behalf of the respondent M/s. Satyam Fibres, which later went into liquidation. The respondent claimed the bank was negligent for not securing co‑acceptance of the bills, relying on a covering letter (letter No. 2776) that …

SH. NAJAMAL HUSSAIN MEHADIversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 862Disposed off

The appellant, a Police Inspector, was transferred and ordered to vacate his residential quarter after a senior police officer filed a false report alleging misconduct during a raid on a hotel that was operating beyond permitted hours. The senior officer’s report led to departmental proceedings, a …

PUNE CANTONMENT BOARD AND ANR.versusM.P.J. BUILDERS AND ANR.

1996 INSC 863Appeal(s) allowed

The Supreme Court examined a dispute where M.P.J. Builders had been granted a building sanction under the Cantonments Act, 1924, but failed to commence construction within the stipulated period and later sought extensions of time after the sanction had lapsed and after new building bye‑law …

RAMESH CHANDER AND ORS.versusDELHI ADMINISTRATION AND ORS.

1996 INSC 864Appeal(s) allowed

Three police constables were dismissed after a departmental inquiry and criminal prosecution for allegedly extorting money, but were later acquitted by a Sessions Court. They sought reinstatement and back wages before the Central Administrative Tribunal (CAT), which annulled their dismissals on the …

HARI OM VERMAversusSTATE OF PUNJAB AND ORS.

1996 INSC 865Dismissed

The appellant, a senior stenographer who was appointed as an Assistant on 29 April 1977, claimed seniority over two respondents who had been appointed as Assistants in September 1975 and had continuously served in that post. The dispute centered on the interpretation of Rule 3(1) and Rule 3(2) of …

LOURDU MARI DAVID AND ORS.versusLOUIS CHINNAYA AROGIASWAMY AND ORS.

1996 INSC 866Dismissed

Petitioners filed a suit for specific performance of a 1976 sale agreement for two doors, claiming they had paid part consideration and were ready to perform, while respondents 1 and 2 delayed execution. The trial court found breach by respondents but denied specific performance, holding that …

STATE OF AP. AND ORS.versusIND. NATALI GRANITE LTD.

1996 INSC 867Appeal(s) allowed

The State of Andhra Pradesh and others challenged the writ filed by Ind. Natali Granite Ltd., which questioned the State Government's competence to levy a cess on mining leases. The High Court initially held the amendment to the District Boards Act, 1955, which sought to levy the cess, ultra vires, …

DEVCHAND KALYAN TANDELversusSTATE OF GUJARAT AND ANR.

1996 INSC 849Dismissed

The appellants, Devchand Kalyan Tandel and Jayantilal, were charged under Section 135(1)(a) of the Customs Act, 1962 for transporting ten silver ingots without a transport voucher in a notified area under Section 11‑K. The prosecution recovered the ingots from a secret compartment of an ambassador …

RAJENDRA SINGHversusTHE STATE OF MADHYA PRADESH AND ORS.

1996 INSC 850Dismissed

The appellant, a licensee of several liquor shops under the Madhya Pradesh Excise Act, failed to pay licence fees for July and August 1994. The authorities issued a show‑cause notice, gave him a date to appear, and later published a notification of cancellation and re‑auction, which was subsequently …

STATE OF BIHARversusRATAN LAL SAHU AND ORS. ETC.

1996 INSC 851Appeal(s) allowed

The State of Bihar acquired 20.40 acres of land for the Getalsud Dam project under a 1972 notification. The Land Acquisition Officer awarded compensation of Rs 1,59,505 at Rs 2,266 per acre, while the reference court increased the rate to Rs 10,000 per acre and granted a separate sum for a tank and …

KALLATHIL SREEDHARAN AND ANR.versusKOMATH PANDYALA PRASANNA AND ANR.

1996 INSC 852Dismissed

In a partition suit, a cinema theatre was allotted to a woman and her minor son subject to payment of Rs.1,55,000 each. Unable to pay, the theatre was auctioned. The appellant advanced Rs.2,10,391 to the woman to set aside the sale, on the condition that she would sell the theatre to him for …

THE STATE OF GUJARAT AND ANR. ETC.versusDEVRAJBHAL CHHAGANBHAL AND ORS. ETC.

1996 INSC 853Appeal(s) allowed

The State of Gujarat appealed against a compensation agreement entered into under Section 11(2) of the Land Acquisition Act, 1894, which fixed compensation at Rs. 140 per guntha, an additional 20% for land development, a 15% solatium and interest at 4.5% as of the agreement date. The issue was …

M/S. AVIJIT TEA CO. PVT. LTD.versusM/S. TERAI TEA CO. AND ORS.

1996 INSC 854Case Partly allowed

The dispute arose from an agreement for the sale of green tea leaves in which Avijit Tea Co. advanced Rs. 20 lakh, later deposited with a court receiver. Avijit Tea filed a suit for specific performance, which was dismissed by a Division Bench of the Calcutta High Court, and the Bench ordered a …

THE STATE OF BIHARversusMADHESHWAR PRASAD

1996 INSC 855Case Partly allowed

The State of Bihar acquired 3.17 acres of agricultural land for the Suvarnarekha Project under a 1981 notification, and the Land Acquisition Officer initially awarded compensation of Rs. 14,445 per acre, later enhanced to Rs. 15,055 per acre by a Subordinate Judge. Both the State and the claimants …

UNION OF INDIA AND ORS.versusJAIN SHUDH VANASPATI LTD. AND ANR.

1996 INSC 856Appeal(s) allowed

The respondents imported 13,500 metric tonnes of RBD palm oil in stainless‑steel containers, which are a prohibited item, but the containers were painted to appear as mild‑steel. Customs issued show‑cause notices under Section 28 (duty not levied or short‑levied) and Section 124 (confiscation) of …

AIRCRAFT EMPLOYEES' HOUSING CO-OPERATIVE SOCIETYversusTHE SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ, GOVT. OF KARNATAKA, BANGALORE AND ORS.

1996 INSC 857Appeal(s) allowed

The Aircraft Employees' Housing Co‑operative Society sought acquisition of land under the Land Acquisition Act, 1894. A notification under s.4(1) was published on 24‑Nov‑1981 and objections under s.5‑A were filed, but the respondents failed to appear for the hearing on 30‑Nov‑1981. The Government …

DAYANANDLAL AND ORS.versusSTATE OF KERALA AND ORS.

1996 INSC 834Disposed off

The case concerned promotions of constables to head constables in the Kerala Police Subordinate Service. Senior constables who had failed a 1978 promotion test were later qualified in a 1981 test, but juniors who qualified in 1978 were promoted first under Rule 10(ii) of a 1963 order. The senior …

TULSI SINGHversusSTATE OF PUNJAB

1996 INSC 835Appeal(s) allowed

Tulsi Singh was convicted by a Special Court for the murder of his wife based solely on a confession he gave before a Judicial Magistrate. The appellant contended that the confession was not recorded in accordance with Section 164(2) of the Criminal Procedure Code, which requires the magistrate to …

M/S SIRDANWAL INDUSTRIESversusCOMMISSIONER OF SALES TAX

1996 INSC 836Appeal(s) allowed

Mis Sirdanwal Industries appealed against the Commissioner of Sales Tax challenging the classification of its brass wire under the Uttar Pradesh Sales Tax Act, 1948. The issue was whether the brass wire, an alloy of copper and zinc, fell within the entry "copper, tin, nickel, or zinc, or any other …

V. L. PATILversusARJUN HALAPPA NAIKAWAD! AND ORS.

1996 INSC 837Appeal(s) allowed

The Supreme Court examined whether the Karnataka High Court was justified in criticizing the appellant, V.L. Patil, for allegedly using his ministerial position to influence a land tribunal's decision. The High Court had linked Patil's role as a minister to the tribunal's order, despite finding no …

THE STATE OF M.P. ETC.versusHARISHANKAR GOEL AND ANR. ETC.

1996 INSC 838Appeal(s) allowed

The State of Madhya Pradesh acquired 33 bighas 15 biswas of agricultural land in 1964 for industrial purposes. The Collector initially awarded Rs 3,150 per bigha, which was later enhanced by the Additional District Judge to Rs 1 per square foot with statutory benefits. The High Court judges varied …

UPENDRA NARAIN SINGH (DEAD) BY LRS.versusTHE STATE OF BIHAR

1996 INSC 839Dismissed

The appellant claimed a patta (title deed) for land in Muzaffarpur that he said was granted by the Zamindar on 11 August 1950. The Collector, exercising powers under Section 4(h) of the Bihar Land Reforms Act, 1950, investigated and concluded that the patta was a fraudulent transfer intended to …

GANAPATHI NATIONAL MIDDLE SCHOOLversusM. DURAI KANNAN (DEAD) BY LRS. AND ORS.

1996 INSC 840Appeal(s) allowed

The Ganapathi National Middle School, an aided institution established in 1929 and occupying rented premises, faced eviction by its landlord. The school sought acquisition of the land by the State, leading to a notification under Section 4(1) of the Land Acquisition Act, 1894, which was later …

BALDEV SINGH AND ORS.versusSTATE OF PUNJAB THROUGH COLLECTOR

1996 INSC 841Dismissed

The Supreme Court examined an appeal by Baldev Singh and others challenging the Punjab & Haryana High Court’s reduction of compensation for land acquired under the Land Acquisition Act, 1894. The Collector had fixed Rs 16,000 per acre, the Additional District Judge raised it to Rs 30,000 per acre, …

STATE OF KERALA AND ORS.versusM.N. SANKARA NARAYANAN AND ORS.

1996 INSC 842Disposed off

The State of Kerala challenged a notification issued under the Kerala Preservation of Trees Act, 1986 that prohibited felling of all trees on a 60‑acre parcel which the Supreme Court had earlier declared not to be a private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. …

CHINTAMAN AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 843Appeal(s) allowed

The appellants challenged the award of compensation for land acquired by the State of Maharashtra for a spinning mill near Nagpur. The Land Acquisition Officer had fixed compensation at Rs 5,000, Rs 3,000 and Rs 2,000 per acre for three categories of land. The reference court enhanced the …

DURGA DASversusTHE COLLECTOR AND ORS.

1996 INSC 844Dismissed

Durga Das purchased a share of land from Kewal Krishan, a member of a family that owned 14 cannals 18 marlas of land. The government acquired part of this land under the Land Acquisition Act, 1894, and the appellant claimed compensation as a tenant in occupation, relying on a mutation entry that …

KARAN SINGH AND ORS.versusUNION OF INDIA

1996 INSC 846Dismissed

The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its …

JHANDOO (DEAD) BY LRS. AND ORS.versusUNION OF INDIA

1996 INSC 847Dismissed

The appellant’s land, measuring one bigha and 14 biswas, was acquired under a 1957 notification of the Land Acquisition Act, 1894. The reference court awarded compensation at Rs 10 per square yard, relying on the decision in A.N. Bhandari v. Union of India, which the High Court affirmed. The …

THE NEW DATAR TRANSPORT CO. (PVT.) LTD.versusSMT. RADHABAI AND ORS.

1996 INSC 848Dismissed

The case concerned a collision between a jeep driven by Shantaram Patki and a passenger bus, resulting in the death of R.J. Kulkarni. The trial court dismissed the claim for damages, deeming the accident inevitable, but the Bombay High Court reversed this, finding the bus driver negligent and …

THE BRITISH MACHINERY SUPPLIES CO.versusTHE UNION OF INDIA AND ORS.

1996 INSC 826Appeal(s) allowed

British Machinery Supplies Co., a manufacturer of sewing machines, imported rotating hooks with bobbin cases intended for industrial sewing machines. The Assistant Collector of Customs levied a higher duty under heading 84.2 (domestic sewing machines) instead of the 40% duty under item 84.41(1) (not …

LIPTON INDIA LTD. ETC.versusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 828Disposed off

Lipton India Ltd. and Brook Bond India Ltd., tea companies, maintained godowns in 1968 where a single salesman opened and closed the premises, loading tea onto a manually‑operated push‑cart for door‑to‑door sales. They sought clarification on whether such premises required registration under Section …

LAXMAPPA AND ORS.versusSMT. BALAWA KOM TIRKAPPA CHAVDI

1996 INSC 829Dismissed

The widow, a destitute and widowed daughter, adopted her brother as her son with her father's consent. The father and the adopted son jointly gifted her agricultural land in 1950, stipulating that the land would revert to them (or their heirs) upon her death. After the Hindu Succession Act, 1956 …

SHRI KANWAR PAL AND ORS.versusGAON SABHA KIRARI AND ORS.

1996 INSC 830Appeal(s) allowed

The Gaon Sabha of Kirari Suleman Nagar complained that a co‑sharer, Narender Singh, had converted agricultural land to non‑agricultural use, violating Section 81 of the Delhi Land Reforms Act, 1954. A notice was served on Singh to restore the land to agricultural use within three months or face …

SRI RAM NIWAS TOD! AND ANR.versusBIBI JABRUNNISSA AND ORS.

1996 INSC 831Dismissed

The appellants challenged the validity of a gift of a house and its appurtenant land made by the father‑in‑law to the respondent, who was already in possession of the property. The gift was evidenced by an oral declaration and a written deed that had not been registered. The trial court and the High …

THE NAIHATI MUNICIPALITY AND ORS.versusCHINMOYEE MUKHERJEE AND ORS.

1996 INSC 832Appeal(s) allowed

The Naihati Municipality resolved to rehabilitate hawkers by acquiring land, but lacked funds, so the hawkers' union contributed Rs 3,90,000 which was deposited with the municipal commissioner and became part of the municipality’s funds. The Government issued a notification under Section 4(1) of the …

AJAY KRISHAN SHINGHAL ETC. ETC.versusUNION OF INDIA AND ORS.

1996 INSC 833Dismissed

The petitioners challenged the acquisition of 3,470 acres in Naraina village for the "planned development of Delhi" on the grounds that the land was not required for a public purpose and that the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 had not been properly …

INDORE DEVELOPMENT AUTHORITYversusSMT. SATYABHAMA BA! AND ORS. ETC.

1996 INSC 819Appeal(s) allowed

The Indore Development Authority acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs. 44,000 per hectare. The claimants later obtained enhanced compensation from the civil court and the High Court, the latter relying on certified copies of sale deeds marked under …

THE STATE OF GUJARATversusRAJESH KUMAR CHIMANLAL BAROT AND ANR.

1996 INSC 820Appeal(s) allowed

The State of Gujarat appealed against an order of the National Consumer Disputes Redressal Commission which had upheld a Gram Panchayat's claim to a subsidised electricity rate. The appellant argued that the question of pricing did not fall within the jurisdiction of the consumer redressal forums. …

MOHAMMAD KHA,LILversusKAMARUDDIN

1996 INSC 821Appeal(s) allowed

The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the …

INDORE DEVELOPMENT AUTHORITYversusSHRI BALAKRISHNA AND ORS.

1996 INSC 822Appeal(s) allowed

The Indore Development Authority sought to acquire 4.85 acres of land under Town Improvement Scheme No. 54 framed under the Madhya Pradesh Town Improvement Trust Act, 1960. The Government sanctioned the scheme and a notification under Section 71(2) of the Act was published on 22 August 1973, which, …

SRI CHOWDEGOWDA @ DORJI (DEAD) BY LRS. AND ORS.versusC. NEGARAJU AND ORS.

1996 INSC 823Appeal(s) allowed

The appellant, Sri Chowdegowda, claimed to be the legitimate son of the deceased, Machine Chowdegowda, and sought his share in a partition of ten acres of wet land, five point three acres of dry land and thirty gunthas of house site. The dispute centered on whether a customary Kuduvali marriage that …

BHARAT COKING COAL LTD. AND ORS.versusBABULAL AND ANR. ETC.

1996 INSC 824Disposed off

The case arose from a fatal roof collapse in the South Govindpur Colliery on 30 June 1989, which killed five miners and injured two. The senior mining engineer, Babular, and the manager, Maheshwari Sharma, were alleged to have been absent and to have failed to take safety precautions, leading a …

RAMESHWAR DUBEY AND ORS.versusMASOMAT ASHA KAUR AND ORS.

1996 INSC 825Dismissed

Rameshwar Dubey and others filed a suit on 15 February 1973 under Section 31 of the Specific Relief Act seeking declaration that two sale deeds (dated 12 July 1966 and 14 December 1970) were void because fraud had been perpetrated on the plaintiff. The trial court and the Patna High Court held that …

SARVINDER SINGHversusDALIP SINGH AND ORS.

1996 INSC 817Appeal(s) allowed

Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of …

CENTRAL WELFARE BOARD AND ORS.versusMS. ANJALI BEPARI AND ORS.

1996 INSC 818Case Partly allowed

Ms. Anjali Bepari was appointed as a Gram Sevika under the Central Social Welfare Board Scheme against a casual vacancy on 11 February 1992 and sought regularisation of her services. The Single Judge of the Calcutta High Court rejected her claim, holding the appointment was not in accordance with …

M/S. V.B.C. EXPORTS PVT. LTD. AND ANR.versusCOMMANDER S.D. BAIJAL AND ORS.

1996 INSC 814Dismissed

In July 1984 foreign trawlers chartered by V.B.C. Exports Pvt. Ltd. and others were seized for fishing in Indian maritime zones at a depth of less than 40 fathoms, violating permit conditions. The trial court convicted the vessel owners but acquitted the charterer companies and their managing …

UJJAGAR SINGH (DEAD) BY LRS. ETC.versusTHE COLLECTOR, BHATINDA AND ANR. ETC.

1996 INSC 813Appeal(s) allowed

Ujjagar Singh (deceased) held 218 kanals of land that were declared surplus under the Pepsu Tenancy Agricultural Lands Act, 1955, but the State never took possession of the land. When the Punjab Land Reforms Act, 1972 came into force, fresh proceedings were initiated to declare the same land surplus …

B!JAYA KUMAR AGARWALA ETC.versusSTATE OF ORISSA

1996 INSC 815Appeal(s) allowed

The appellants Bijaya Kumar Agarwala and Jagdish Prasad were stopped while transporting paddy in trucks that exceeded the quantity permitted for storage under the Orissa Rice and Paddy Control Order, 1965, and were convicted under Section 7 of the Essential Commodities Act, 1955 for allegedly …

RATIAN KUMAR TANDON AND ORS.versusSTATE OF UTIAR PRADESH

1996 INSC 816Dismissed

The appellants, R.K. Tandon and others, held lease‑hold rights over 22,528 sq. yd of land in Allahabad that was acquired by the State under the Land Acquisition Act, 1894. The Land Acquisition Officer awarded compensation of Rs 4,57,750.88; the reference court fixed Rs 500 per sq. yd for land, Rs …

INDIAN FARMERS FERTILISER COOPERATIVE LTD.versusCOLLECTOR OF CENTRAL EXCISE, AHMEDABAD

1996 INSC 808Appeal(s) allowed

Indian Farmers Fertiliser Co‑operative Ltd., a urea manufacturer, obtained raw naphtha at a concessional excise rate to produce ammonia. The ammonia was used not only in the urea plant but also in off‑site facilities – water‑treatment, steam‑generation, inert‑gas generation and effluent‑treatment …

SRI JAGATHIGOWDA C.N. AND ORS.versusCHAIRMAN, CAUVERY GRAMINA BANK AND ORS.

1996 INSC 809Appeal(s) allowed

The Cauvery Gramina Bank, a Regional Rural Bank, promoted several officers to Senior Manager posts using a Director's Committee that assessed candidates on performance appraisal scores and interview marks, following NABARD circulars of 1984 and 1986. Unsuccessful officers filed writ petitions in the …

SH. SATISH MEHRAversusDELHI ADMINISTRATION AND ANR.

1996 INSC 810Appeal(s) allowed

Satish Mehra appealed against the Delhi Sessions Court’s decision to frame charges under IPC sections 354 and 376 read with 511 for alleged incestuous sexual abuse of his daughter Nikita. The allegations originated from a complaint filed by his estranged wife Anita Mehra, who had previously made a …

DECORATIVE LAMINATES (INDIA) PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, BANGALORE

1996 INSC 811Dismissed

Decorative Laminates (India) Pvt Ltd processes commercial plywood by applying phenol‑formaldehyde resin under heat and pressure and coating it with wire mesh to produce slip‑proof plywood. The Assistant Collector of Central Excise held that the finished product is a different commodity and liable to …

CENTRAL BANK OF INDIAversusS. SATYAM AND OTHERS

1996 INSC 812Appeal(s) allowed

The Supreme Court considered a civil appeal by the Central Bank of India against a High Court order that granted re‑employment relief to a group of workmen who had been retrenched between 1974 and 1976. The workmen filed a writ petition in 1982 invoking Section 25‑H of the Industrial Disputes Act, …

MIS STEEL AUTHORITY OF INDIA LTD. ETC.versusCOLLECTOR OF CENTRAL EXCISE

1996 INSC 801Appeal(s) allowed

Steel Authority of India Ltd. (SAIL) used raw naphtha in its fertilizer plant and claimed the concessional excise duty under Exemption Notification No. 187 of 1961, which required proof that the naphtha was intended for fertilizer manufacture. The Revenue argued that a substantial quantity of the …

DANDA RAJESHWARIversusBODAVULA HANUMAYAMMA AND ORS.

1996 INSC 802Dismissed

The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh …

VIJAY PRATAP AND ORSversusSAMBHU SARAN SINHA AND ORS.

1996 INSC 803Dismissed

The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. …

PIRTHI @ SANS! ETC.versusJATI RAM AND ORS. ETC.

1996 INSC 804Dismissed

Petitioner Pirthi@ Sansi entered into an agreement on 6 May 1988 to sell agricultural land to Respondent No.1 and received part payment. Respondent No.1 filed a suit for specific performance in 1993, which the trial court decreed in his favour. On appeal, the Additional District Judge set aside the …

M.S.R. PRASADversusBOMMISETTI SUBBA RAO AND ORS.

1996 INSC 805Dismissed

The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, …

SMT. BHATORIversusSMT. RAM PIARI

1996 INSC 806Appeal(s) allowed

The appellant, Sm. Bhatori, executed a general power of attorney in favour of respondent‑2, granting him authority to manage her agricultural land, including alienation. Respondent‑2 used this authority to file a suit against the appellant and subsequently executed sale deeds transferring the same …

PRALHAD LALCHAND CHA VANversusIQBAL HUSSAIN INAYAT HUSSAIN BADRI

1996 INSC 794Appeal(s) allowed

The landlord, Pralhad Lalchand Chavan, obtained permission from the Rent Controller under clause 13(3)(vi) of the Central Provinces and Berar Rent Control Order to terminate his tenant's lease on the ground of bona‑fide residence. After the permission became final, he served a notice under Section …

SOLAPUR MIDC INDUSTRIES ASSOCIATION ETC.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 795Dismissed

The Solapur MIDC Industries Association filed Special Leave Petitions challenging a notification under Section 3(3) of the Bombay Provincial Municipal Corporation Act, 1949 that brought their industrial estate within the limits of Solapur Municipal Corporation. The petitioners argued that the same …

M/S. KASHMIR ELECTRIC AND HARDWARE CORPORATIONversusSTATE OF JAMMU AND KASHMIR

1996 INSC 796Appeal(s) allowed

Mis. Kashmir Electric and Hardware Corporation appealed against a decision of the Letters Patent Bench that held an arbitrator had misbehaved by conducting hearings in premises owned by the appellant and accepting tea and refreshments from them. The appellant argued that such courtesies were …

STATE OF U.P. AND ORS. ETC.versusDR. R.K. TANDON AND ORS. ETC.

1996 INSC 797Disposed off

The Supreme Court dealt with the inter‑se seniority of ad‑hoc doctors in the Uttar Pradesh Provincial Medical and Health Service after the State Government attempted to regularise them under the U.P. Regulation of Ad‑hoc Appointees Rules, 1979. The Court examined whether doctors who were not …

STATE OF MADHYA PRADESHversusR.P. SHARMA

1996 INSC 798Appeal(s) allowed

The respondent, a Chief Engineer, had his date of birth in service records corrected from 30‑Nov‑1936 to 28‑Jun‑1938, prompting a complaint to the Lokayukta who, after a trial‑like inquiry, concluded the correct date was 30‑Nov‑1936 and recommended his retirement and recovery of salary. The State …

PRADESH PONG BANDH VISTHAPIT SAMIT!, RAJASTHANversusUNION OF INDIA

1996 INSC 799Case Allowed

The case concerned the Pong Dam oustees displaced by the dam in Himachal Pradesh, who were to be resettled in Rajasthan under inter‑state agreements. Rajasthan amended its 1972 colonisation rules in 1992, extending the non‑transferability period from 20 to 25 years and introducing Rule 6‑A allowing …

P. KANNADASAN ETC. ETC.versusSTATE OF TAMIL NADU AND ORS. ETC. ETC.

1996 INSC 800Dismissed

The Supreme Court examined the constitutional validity of the Cess and Other Taxes on Minerals (Validation) Act, 1992, which sought to validate state levies on minerals that had been struck down by earlier judgments. The Court held that Section 2 of the Act validly creates and retrospectively …

TUSHAR KANTI BOSE AND ORS.versusSA VITRI DEVI AND ORS.

1996 INSC 784Appeal(s) allowed

The appellants purchased a property from a company under liquidation and sought demarcation of their plot, which led the respondents—owners of an adjoining plot—to claim encroachment and obtain an injunction. The Single Judge ordered the appellants to remove obstructions and appointed a Special …

STATE OF HARYANA AND ORS.versusRAJPAL SHARMA AND ORS.

1996 INSC 785Dismissed

The respondents were teachers in privately managed aided schools in Haryana who, after acquiring higher qualifications, claimed pay scales and dearness allowances equal to those of teachers in government schools. The State Government refused, but the Punjab and Haryana High Court granted relief, …

JOG RAMversusSTATE OF HARYANA AND ORS .

1996 INSC 786Dismissed

Jog Ram, the appellant, possessed 30 bighas 13 biswas of land that had been evacuee property taken over by the State of Haryana for distribution. In 1967 the land was auctioned and Fateh Singh (respondent No.5) was the highest bidder; the sale was confirmed. In 1968 Jog Ram applied for confirmation …

MIS. MALWA OIL MILLS AND ANR.versusSTATE OF M.P. AND ORS.

1996 INSC 787Dismissed

The appellants, Malwa Oil Mills, purchased plots 4 and 5 from the erstwhile owners after taking possession of land that had been notified under Section 71 of the Madhya Pradesh Town Improvement Trust Act, 1960 for a housing scheme, and later sought to retain a sign‑board placed on the property. The …

STATE OF PUNJAB AND ORS.versusSADHU RAM

1996 INSC 788Appeal(s) allowed

The Supreme Court examined a dispute arising from land acquired by the Government of Punjab under the Land Acquisition Act, 1894, where the award and compensation were paid to the original owners. After the bridge was completed, the respondent, Sadhu Ram, entered possession as a yearly lessee in …

RAM SINGHversusSTATE OF UTTAR PRADESH AND ORS.

1996 INSC 789Dismissed

The appellant, Ram Singh, had cut down trees that existed on his land as of 24 January 1971 and replanted new trees. The issue before the Supreme Court was whether the newly planted trees could be classified as "grove land" under Section 23(8) of the Uttar Pradesh Imposition of Ceiling on Land …

SMT. DAROTHI CLARE PARREIRA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 790Dismissed

The appellants, former owners of surplus urban land in Pune, were deemed to possess excess land under the Urban Land (Ceiling and Regulation) Act, 1976. After objections were rejected, a notification under Section 10(3) was published vesting the surplus land in the State, before the appellants' …

MIS. EVEREST COPIERS THROUGH R.A. PARTNER ETC.versusSTATE OF TAMIL NADU

1996 INSC 791Appeal(s) allowed

Everest Copiers, a photocopying business, was assessed sales tax for two assessment years on the ground that it sold xerox copies to customers. The issue before the Supreme Court was whether the making and delivery of photocopies constituted a sale of goods under Section 2(1) of the Tamil Nadu …

UJAGAR SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 792Appeal(s) allowed

The Collector, under the PEPSU Tenancy and Agricultural Lands Act, 1955, determined that Inder Singh held 18.82 standard acres of surplus land and ordered its surrender in July 1961, after which the land was taken over by the State and redistributed to landless persons. Subsequent consolidation …

RAJ MANIversusTHE COLLECTOR, RAIPUR

1996 INSC 793

The appellant's land was acquired and a compensation award of Rs.1,000 per acre was made. He applied for a reference under Section 18 of the Land Acquisition Act, 1894, but the court’s notice was not properly served; the notice was allegedly served on a deceased father. The reference court dismissed …

SMT. FATIMA BEEversusMAHAMOOD SIDDIQUI ETC.

1996 INSC 782Appeal(s) allowed

The Supreme Court examined appeals filed by landlady Fatima Bee against the Andhra Pradesh High Court, which had set aside earlier findings that she required the non‑residential premises bona fide for her bangle‑manufacturing business and that the tenants' claim of permanent tenancy was mala fide. …

J.H. PATELversusSUBHAN KHAN

1996 INSC 777Appeal(s) allowed

In the Channagiri Legislative Assembly election, Subhan Khan's nomination was rejected because he had not taken the oath required under Article 173 of the Constitution on the day of scrutiny. He argued that an oath taken earlier on 27 October 1994 in another constituency (Davanagere) should suffice, …

M/S. L.D.L. CHEMICALS LTD.versusUNION OF INDIA AND ORS.

1996 INSC 783Appeal(s) allowed

M/s IDL Chemicals Ltd. manufactures explosives using 80% ammonium nitrate melt purchased from SAIL. An exemption notification dated 11 June 1969 exempted such ammonium nitrate from excise duty under Tariff Item 14HH, provided the licence and bond were obtained. The Central Board later reclassified …

THE STATE OF WEST BENGALversusLOHIT KUMAR ROY

1996 INSC 779Appeal(s) allowed

The State of West Bengal acquired 985.95 acres of land in Durgapur for industrial purposes under the Land Acquisition Act, 1894, with an initial notification in 1956 that later lapsed and a second notification in 1964. The Land Acquisition Officer fixed compensation at Rs. 2,310 per acre, but the …

SHRI PREM BALLABH BELWALversusSTATE OF U.P. AND ORS.

1996 INSC 778Dismissed

The appellant, Prem Ballabh Belwal, was a tenure‑holder of 182 acres of bhumiswami land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. His wife, Basanti Devi, held 24 acres as an Asami (occupancy) right. The question before the Supreme Court was whether the wife's land, held only …

KASHI VIDYAPITHversusMOTILAL AND ORS.

1996 INSC 781Appeal(s) allowed

The case concerned Kashi Vidyapith, a deemed university under the U.P. State Universities Act, which sought acquisition of land for its campus, staff quarters, hostels and playground. The High Court had set aside the declaration under Section 6 of the Land Acquisition Act, holding that the …

KERALA STATE ELECTRICITY BOARDversusN. SUKESEN AND ORS.

1996 INSC 769Appeal(s) allowed

The Kerala State Electricity Board (KSEB) created a separate Secretariat Service in 1964, appointing officers without competitive tests. In 1981 KSEB integrated this Secretariat into its general establishment through regulations, and in 1985 amended the seniority rules to base inter‑se seniority on …

TATA IRON AND STEEL CO. LTD. ETC.versusUNION OF INDIA AND ANR.

1996 INSC 770Dismissed

Tata Iron and Steel Co. Ltd. (TISCO) sought a second renewal of its chromite mining lease under Section 8(3) of the Mines and Minerals (Regulation & Development) Act, 1957. The Central Government reduced the lease area and later further reduced it, prompting TISCO to challenge the orders, arguing …

KAPPUSWAMYversusTHE AUTHORISED OFFICER AND ASSISTANT COMMISIONER (LAND REFORMS)

1996 INSC 771Appeal(s) allowed

The testator's 1948 will granted his two wives equal life interests in the estate, stipulating that the survivor would enjoy the whole property and that after both wives' deaths the daughter would have a life interest followed by her children in fee simple. After the second wife died in 1967, the …

STATE OF BIHAR AND ORS. ETC. ETC.versusRANCHI TIMBER TRADERS ASSOCIATION

1996 INSC 772Appeal(s) allowed

The State of Bihar issued 1983 rules requiring owners of saw‑pits and timber depots to obtain licences, invoking powers under sections 41, 42 and 76 of the Indian Forest Act, 1927. The Patna High Court held that the statutes did not empower such regulation and set aside the rules. The State …

CHIKKATAYAMMA AND ORS.versusR. BALAKRISHNAPPA AND ORS.

1996 INSC 773Disposed off

The appeal (Civil Appeal No. 6149 of 1983) arose from a dispute over several parcels of land in Survey Nos. 194, 115 and 82 claimed by the appellants Chikkatayamma and others and the respondents R. Balakrishnappa and others. The parties filed a compromise memo before the Supreme Court, detailing the …

THE SPECIAL TEHSILDAR, LAND ACQUISITION, KERALAversusK.V. AYISUMMA

1996 INSC 774Appeal(s) allowed

The Special Tehsildar appealed against a Kerala High Court order that set aside a subordinate judge’s condonation of delay in filing a review of a land‑acquisition award. The award dated 31 March 1989 had enhanced compensation and the appellant filed a review application on 29 July 1991 after a …

KRISHI UTPADAN MANDI SAMITI BULANDSHAHAR ETC.versusGANGA SAHAI AND ORS. ETC.

1996 INSC 776Disposed off

The Supreme Court examined appeals concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired to establish an agricultural market yard. The High Court had enhanced the compensation from Rs.10 to Rs.15 per square yard and also increased solatium, interest, and an …

STATE OF PUNJABversusKESAR SINGH

1996 INSC 764

Kesar Singh was convicted of murder under Sections 302 and 34 of the IPC and sentenced to life imprisonment on 28 May 1987. After serving a little over eight years, he filed a petition under Section 482 of the CrPC in the Punjab & Haryana High Court seeking premature release. The High Court …

STATE OF MADHYA PRADESH AND ANR.versusBADRINARAYAN ACHARYA ETC. ETC.

1996 INSC 765Appeal(s) allowed

The respondents, who were assistant teachers, were deputed at the Government's expense in 1966 to obtain higher qualifications such as graduation and B.Ed. The Government issued a Finance Department memo on 22 October 1964 stating that only employees who attended training at their own cost would be …

STATE OF PUNJAB AND ORS.versusJIT SINGH

1996 INSC 766Appeal(s) allowed

The respondent, a work‑charged employee of the Punjab Public Works Department, went on leave on 10 April 1986 and failed to return without any sanction, remaining absent until August 1986. The department issued a termination notice on 3 September 1986, giving him ten days to report, and subsequently …

THE STATE OF MAHARASHTRAversusENGINEERING COLLEGE TEACHERS ASSOCIATION AND ORS.

1996 INSC 767Appeal(s) allowed

The State of Maharashtra appealed against a decision of the Maharashtra Administrative Tribunal which had directed that the service of Assistant and Associate Lecturers, appointed before 1979, be counted as service as Lecturers for the purpose of granting senior‑scale and selection‑grade pay. The …

R. PARANGUSAM ETC.versusCHIEF ELECTRICAL INSPECTOR AND ANR.

1996 INSC 768Appeal(s) allowed

The appellant, a retired government employee, challenged a compulsory retirement order. The Tamil Nadu Administrative Tribunal set aside the retirement order and directed the Government to conduct a fresh enquiry and fix his pension. The appellant contended that a fresh enquiry was unnecessary after …

KRISHNA DASS AGARWALversusKANHAIYALAL

1996 INSC 754Dismissed

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 …

DR. D.C. SAXENAversusHONBLE THE CHIEF JUSTICE OF INDIA

1996 INSC 753Disposed 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 …

J.N. GANATRAversusMORVI MUNICIPALITY, MORVI

1996 INSC 755Appeal(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 …

STATE OF WEST BENGAL AND ORS. ETC.versusMONLRUJJAMAN MULLICK AND ORS. ETC.

1996 INSC 756Dismissed

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 …

THE STATE OF MADHYA PRADESH AND ORS.versusM/S. BINDAL AGRO CHEMICAL LTD. AND ANR.

1996 INSC 757Appeal(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 …

STATE OF PUNJABversusLABH SINGH ETC

1996 INSC 758Dismissed

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 …

S.R. BHANRALEversusUNION OF INDIA AND ORS.

1996 INSC 759Disposed 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 …

STATE OF KARNATAKA AND ORS.versusV.B. HIREGOWDAR

1996 INSC 760Appeal(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 …

SHISH RAM AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ORS.

1996 INSC 761Appeal(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 …

HARYANA URBAN DEVELOPMENF AUTHORITY & ANR.versusER. HARSH JAIN & ORS .

1996 INSC 763Appeal(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 …

ALIL MOLLAH AND ANR.versusSTATE OF WEST BENGAL

1996 INSC 752Appeal(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 …

SOHAN LAL PASSIversusP. SESH REDDY AND OTHERS

1996 INSC 750Appeal(s) allowed

The owner of a bus (appellant) had insured the vehicle with Oriental Fire and General Insurance Co. A fatal accident occurred when the bus, driven by a cleaner without a licence who had been permitted by the regular driver, struck a scooter, killing Dr. P. Ramachandra Reddy. The claimants (heirs of …

DR. SURINDER SINGH JAMWAL AND ANR.versusTHE STATE OF JAMMU AND KASHMIR AND ORS.

1996 INSC 751Disposed 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. …

FOOD CORPORATION OF INDIA WORKERS UNIONversusFOOD CORPORATION OF INDIA AND ANR.

1996 INSC 746Disposed 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 …

M/S. KALPETTA ESTATES LTD. ETC. ETC.versusTHE COMMISSIONER OF INCOME-TAX, COCHIN

1996 INSC 747Appeal(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 …

SRI KRISHNA PVT. LTD. ETC.versusITO CALCUTTA AND ORS.

1996 INSC 748Dismissed

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 …

STATE BANK OF BIKANER AND JAIPURversusAJAY KUMAR GULATI

1996 INSC 749Dismissed

The State Bank of Bikaner and Jaipur ordered a fresh disciplinary inquiry against employee Ajay Kumar Gulati, appointing a new inquiry officer despite an earlier report finding the charges established. Gulati challenged the order in a writ petition before the Delhi High Court, contending that the de …

STATE OF HARYANA AND ORS.versusRANI DEVI AND ANR.

1996 INSC 734Appeal(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 …

STATE OF TAMIL NADUversusA. JAGANATHAN

1996 INSC 736Disposed 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 …

SUDIP MAZUMDARversusSTATE OF MADHYA PRADESH

1996 INSC 737Disposed 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 …

THE SECRETARY (ESTT.) RAILWAY BOARD AND ANR. ETC.versusSH. D. FRANCIS PAUL ETC.

1996 INSC 738Dismissed

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 …

RUDRADHAR R. TRIVEDIversusSTATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANR.

1996 INSC 739Dismissed

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 …

G. NARAYAN RAOversusTHE LAND ACQUISITION OFFICER

1996 INSC 740Dismissed

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 …

BIHAR STATE ELECTRICITY BOARDversusM/S. BIJOY MINING COMPANY LTD. AND ORS .

1996 INSC 741

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 …