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Judgments of 1996

1535 judgments · newest first · showing 801–1000

KASHMIR CHANDversusFINANCIAL COMMISSIONER, HARYANA AND ORS.

1996 INSC 742Disposed off

The appellant, Kashmir Chand, bought a plot in an open auction in July 1971 for Rs 46,000 but paid only Rs 11,500, leaving a balance of Rs 34,500. Over more than 21 years he failed to pay the balance, and the authorities demanded a larger sum of Rs 3,78,000, which he also defaulted on. He filed a …

UNION OF INDIA AND ORS.versusVINOD KUMAR AND ORS.

1996 INSC 743Dismissed

The Union of India appealed against a promotion order that deviated from the rule of granting 50% of the quota and an additional two‑year benefit to Upper Division Clerks under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Section 5‑D(7)(a) of the Act requires prior approval …

VASANT GANGARAMSA CHANDANversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 744Appeal(s) allowed

Vasant Gangaram Sa Chandan was appointed as Peon‑cum‑Watchman in the Hyderabad Agricultural Committee on 1 April 1957 and, after the reorganisation of states, transferred to the Krishi Utpadan Bazar Samiti, retiring on 1 April 1991 after about 35 years of service. The pension scheme of the Market …

NEW INDIA PUBLIC SCHOOL AND ORS. ETC.versusHUDA AND ORS. ETC.

1996 INSC 745

The Haryana Urban Development Authority (HUDA) invited applications for school sites in Panchkula and allotted 11 of 23 plots, denying eight applicants. The denied applicants challenged the allotment procedure, leading to a single judge finding procedural faults but upholding the allotments because …

C. CHENGA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH

1996 INSC 729Appeal(s) allowed

The appellants, senior engineering officials and contractors, were convicted for alleged conspiracy, cheating and falsification of accounts in connection with jungle‑clearance projects in Nellore district, based solely on circumstantial evidence and a technical report prepared by a departmental …

UJJAIN VIKAS PRADHIKARAN, (UJJAIN DEVELOPMENT AUTHORITY)versusTARACHAND AND ANR. ETC.

1996 INSC 730Case Partly allowed

The Ujjain Development Authority acquired land under the Land Acquisition Act, 1894 and the acquisition officer initially awarded Rs 27,500 per hectare. The District Judge enhanced the award to Rs 50,000 per hectare with solatium and interest, and the Madhya Pradesh High Court further increased …

M/S. ALIJI MONOJI AND CO.versusLALJI MAVJI AND ORS.

1996 INSC 732Dismissed

Ali Ji Monoji & Co., a lessee, filed a suit for perpetual injunction against the Municipal Corporation of Bombay to stop demolition of alleged unauthorised structures under Section 351 of the Municipal Corporation Act. The municipal corporation issued a demolition notice, and the landlords of the …

DR. NANDA BALLABH PATHAKversusSTATE OF U.P. AND ORS.

1996 INSC 733Dismissed

Dr. Nanda Ballabh Pathak, a Hindi Pandit in a lower‑grade school, applied for promotion to the post of Hindu Pandit in an upgraded inter‑college. The post was prescribed to require an MA in Hindi, a BA in Sanskrit and a B.Ed. While the appellant held an MA and PhD in Hindi, he did not possess a BA …

S. GOPAL REDDYversusSTATE OF ANDHRA PRADESH

1996 INSC 727Appeal(s) allowed

The appellant, S. Gopal Reddy, was convicted under Section 4 of the Dowry Prohibition Act, 1961 for demanding dowry in connection with a proposed marriage. He appealed, arguing that a demand made during pre‑marriage negotiations does not fall within the statutory definition of "dowry" and that the …

MRS. MEENAL EKNATH KSHIRSAGARversusM/S. TRADERS AND AGENCIES AND ANR.

1996 INSC 728Appeal(s) allowed

Mrs. Meenal Eknath Kshirsagar, owner of a flat in Bombay, filed a suit for eviction of a firm and its partner, claiming she and her husband had no other residential premises and therefore required the suit premises for personal occupation. The husband had previously been a tenant of a two‑bedroom …

PRABHAT KUMAR SHARMA AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 725Dismissed

The petitioners, appointed as LT Grade teachers in a government‑aided private college, challenged the legality of their ad‑hoc appointments, alleging that the college had not complied with the procedure prescribed in Section 18 of the Uttar Pradesh Secondary Education Services Commission and …

SECRETARY TO GOVERNMENT OF KARNATAKAversusV. HARISHBABU

1996 INSC 710Appeal(s) allowed

The Secretary to the Government of Karnataka (appellant) contracted V. Harishbabu for canal work, but disputes led to arbitration. The arbitrator issued an award on 22‑April‑1993 and the respondent filed a petition under Sections 14 and 17 of the Arbitration Act, 1940 on 23‑April‑1993, attaching a …

BANI SINGH AND OTHERSversusSTATE OF U.P.

1996 INSC 709

The appellants were convicted under IPC sections 366 and 368 and sentenced to three years' rigorous imprisonment with a fine. They appealed to the Allahabad High Court, which admitted the appeal, stayed the sentence, and granted bail, but later dismissed the appeal for non‑prosecution because the …

SAMSUDDIN RAHMAN AND ORS.versusBIHARI DAS AND ORS.

1996 INSC 711Appeal(s) allowed

The appellants, owners of a parcel of land covered by a patta, claimed that land had gradually accreted to their estate as the Barak river receded over 15‑16 years. They sought a declaration of title over the accreted land, which was also claimed by the respondents under an annual patta granted by …

THE STATE OF RAJASTHANversusRAJASTHAN AGRICULTURE INPUT DEALERS ASSOCIATION

1996 INSC 712Dismissed

The State of Rajasthan sought licences for dealers selling Bajra seeds that had been coated with insecticides, invoking the Rajasthan Agricultural Produce Markets Act, 1961. The respondents, seed dealers, contended that such processed seeds were not "agricultural produce" within the meaning of …

THE SECRETARY, TAMIL NADU WAKF BOARD AND ANR.versusSYED FATIMA NACHI

1996 INSC 713Dismissed

Syed Fatima Nachi, a divorced Muslim woman, filed a petition under Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 seeking maintenance from the Tamil Nadu Wakf Board, alleging that her children, parents and other relatives were unable to pay. The Wakf Board appealed to …

SMT. MITHLESH KUMARI AND ANR.versusTHAKUR SHEO SARAN SINGH AND ORS.

1996 INSC 715Dismissed

The dispute concerned the succession to the Partapner Raj estate, an ancient impartible zamindari governed by the rule of lineal primogeniture. After the death of the minor adopted heir Raja Maha, competing claims arose: Kalka Singh of the senior branch asserted his right to the impartible estate …

HARISH KUMAR AND ANR.versusSTATE OF M.P.

1996 INSC 716Appeal(s) allowed

Harish Kumar and Ram Sharan were convicted by the Madhya Pradesh High Court for murder (Sec. 302 IPC) and attempt to murder (Sec. 307 IPC) after a trial court had acquitted them. They pleaded private defence of person, claiming that earlier hostile incidents and injuries to their father and …

BHAIYA BAHADUR SINGHversusSTATE OF MADHYA PRADESH

1996 INSC 717Dismissed

Bhaiya Bahadur Singh, a government school teacher, drove his tractor onto a disputed boundary and allegedly trampled a portion of the victim's wheat field. Angered, he fetched a licensed single‑barrel gun, returned, and fired two shots, injuring two persons and killing a third. He pleaded that the …

PATTAM KHADER KHANversusPATTAM SARDAR KHAN AND ANR.

1996 INSC 718Appeal(s) allowed

In a partition suit, a house was auctioned and the sale was confirmed by the court on 7 August 1984. The auction purchaser obtained a sale certificate only on 9 November 1989 and filed an application for delivery of possession on the same day. The appellant contended that the application was barred …

THE SECRETARY TO GOVERNMENT OF TAMIL NADUversusD. SUBRAMANYAM RAJADEVAN

1996 INSC 721Appeal(s) allowed

The Directorate of Vigilance investigated corruption complaints against D. Subramanyam RataDev, a Superintendent of Police, and sent a report to the Tamil Nadu Government. The Government referred the matter to the Disciplinary Tribunal under the Tamil Nadu Civil Services (Disciplinary Proceedings …

HINDUSTAN STEELWORKS CONSTRUCTION LTD.versusTARAPORE AND CO. AND ANR.

1996 INSC 722Appeal(s) allowed

Hindustan Steelworks Construction Ltd. (HSCL) awarded a construction contract to Tarapore & Co. (the contractor) and obtained fourteen unconditional bank guarantees from Bank of India, each stipulating that HSCL was the sole judge on breach and loss. After the contractor failed to complete the work, …

STATE OF HARYANA AND ORS.versusSURJEET SINGH

1996 INSC 724Disposed off

Surjeet Singh, a heavy‑vehicle driver appointed in 1986, was medically declared unfit in 1993 due to a deficiency in sight and was compulsorily retired. He sought a compassionate appointment for his son as a clerk under Government of Haryana instructions dated 22 February 1991 and 28 August 1992. …

USHA SUBBARAOversusB.E. VISHVESWARIAH AND ORS.

1996 INSC 697Appeal(s) allowed

Usha Subbarao, the widow of B.N. Subbarao (one of five sons of Dr. N.S. Nanjundiah), claimed a one‑fifth share in the properties left by her father‑in‑law under a 1935 will. The will divided the estate into Schedules A, B, C and D, gave management rights to the testator’s wife, and stipulated that …

CENTRAL BUREAU OF INVESTIGATIONversusSTATE OF RAJASTHAN AND ORS.

1996 INSC 698Dismissed

The Central Bureau of Investigation (CBI) sought permission under Section 155(2) of the CrPC to investigate alleged violations of the Foreign Exchange Regulation Act (FERA) by Shri Arvind Singh Mewar, who was accused of purchasing property and incurring expenses abroad without RBI approval. The …

SASA MUSA SUGAR WORKS ETC. ETC.versusSTATE OF BIHAR AND ORS. ETC. ETC.

1996 INSC 699Disposed off

The case concerned the validity of Sections 4A, 4B and 33M inserted by the Bihar Agricultural Produce Markets (Amendment) Acts of 1992‑1993 and the power of the State Government to add or delete items from the Schedule of the Bihar Agricultural Produce Markets Act, 1960 using Section 39. The sugar …

STATE OF U.P.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 696Appeal(s) allowed

The State of Uttar Pradesh issued a notification under Section 20 of the Indian Forest Act, 1927 declaring 22.11 acres of land a reserved forest. The respondents, recorded as Sirdari holders, claimed they had acquired ownership under the Uttar Pradesh Zamindari Abolition and Land Reforms Act and …

REGIONAL PROVIDENT FUND COMMISSIONER, JAIPURversusM/S. NARAINI UDYOG AND ORS.

1996 INSC 701Appeal(s) allowed

The case concerned two companies, M/s Naraini Udyog and M/s Modern Steels, which were separately registered under the Companies Act but shared a common head office, branch, telephone facilities, clerical staff and other operational resources, indicating functional unity. The Regional Provident Fund …

UNION OF INDIAversusSWARAN SINGH AND ORS.

1996 INSC 702Appeal(s) allowed

The Union of India acquired land under the Land Acquisition Act, 1894, with a compensation award made in 1978 and a decree confirming the award in 1981, which became final. After the 1984 amendment to the Act increased the solatium to 30% and interest rates, the respondents filed applications under …

SUSHILA NARAHARI AND ORS.versusNANDA KUMAR AND ANR.

1996 INSC 703Appeal(s) allowed

The respondents filed a suit for specific performance of a land sale, which was decreed ex‑parte against the appellants after their advocate withdrew his vakalatnama without notifying them. The appellants filed an application to set aside the ex‑parte decree, seeking condonation of a 40‑day delay …

STATE OF RAJASTHAN AND ORS.versusRAJ SINGH AND ANR. ETC.

1996 INSC 704Disposed off

The State of Rajasthan acquired land under the Rajasthan Land Acquisition Act, 1953 and the Land Acquisition Court awarded compensation by an award and decree dated 28 July 1992. The respondents applied for certified copies of the judgment and decree; the judgment copy was supplied and an appeal …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 705Disposed off

The Supreme Court examined the Delhi Master Plan (2001) under the Delhi Development Act, 1957, which categorises hazardous, noxious, heavy and large industries (H‑a and H‑b) as prohibited in Delhi and mandates their relocation within three years. The Court found that 168 such industries continued to …

DIRECTOR GENERAL, ESI AND ANR.versusT. ABDUL RAZAK ETC.

1996 INSC 706Disposed off

The case concerned disciplinary proceedings against two employees of the Employees' State Insurance Corporation (ESIC). The Regional Director of Karnataka initiated proceedings, and the Director General later imposed a penalty. The respondents challenged the memoranda initiating the proceedings and …

JAS INTER COLLEGE KHURJA, U.P. AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 707Disposed off

The Supreme Court heard a writ petition under Article 32 challenging the appointment of teachers at J.A.S. Inter College, Khurja. The Court had earlier directed the State to appoint 18 teachers as required by the petition. The U.P. Secondary Education Service Commission selected eight teachers, one …

STATE OF RATASTHANversusMANGILAL PINDWAL

1996 INSC 708Disposed off

Mangilal Pindwal, an Upper Division Clerk of the Rajasthan Government, was compulsorily retired on 31 March 1973 under sub‑rule (2) of Rule 244 of the Rajasthan Service Rules, 1951, with payment of three months' salary. He challenged the order, and the Rajasthan High Court set aside the retirement …

DHANNA ETC.versusSTATE OF MADHYA PRADESH

1996 INSC 695Dismissed

The case involved the murder of Nanji, for which five persons were charged. The Sessions Court convicted two accused (K and M) under Section 302 IPC and acquitted the remaining three, including Dhanna, due to insufficient evidence linking Dhanna to the crime. The Madhya Pradesh High Court reversed …

M/S. WILH, WILHELMSENversusCOMMISSIONER OF INCOME TAX, WEST BENGAL-I

1996 INSC 694Dismissed

The appellant, a Norwegian shipping company, was assessed for AY 1958‑59 on the basis of separate Indian‑trade accounts. The Income Tax Officer, following Central Board instructions issued under Rule 33 and Section 5(8) of the Income Tax Act, disallowed depreciation on eight ships that had been in …

BIHAR STATE ELECTRICITY BOARD AND ORS.versusPARMESHWAR KUMAR AGARWALA ETC. ETC.

1996 INSC 692Dismissed

The Bihar State Electricity Board, facing losses from electricity theft and defective meters, issued a notification under Sections 46 and 49 of the Electricity (Supply) Act, 1948 to bill industrial consumers at prescribed load factors. Consumers challenged the notification, arguing it conflicted …

B.V. NAGARAJUversusM/S. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, HASSAN

1996 INSC 690Appeal(s) allowed

The appellant, owner of a Tata truck insured by Oriental Insurance, suffered vehicle damage in a collision while nine persons were aboard, exceeding the policy’s limit of six workmen (excluding the driver). The insurer denied the claim, citing the policy’s exclusion for carrying passengers beyond …

UTTAM DAS CHELA SUNDER DASversusSHIROMANI GURDWARA PRABANDHAK COMMITTEE, AMRITSAR

1996 INSC 691Appeal(s) allowed

A charitable institution in Kanganpur, claimed to be a Sikh Gurdwara, was the subject of a petition under Section 7 of the Sikh Gurdwaras Act, 1925. Uttam Das, asserting himself as the hereditary office‑holder of the institution, filed a petition under Section 8 claiming the place was an Udasi dera …

NATWARBHAI MAGAINBHAI PATELversusCOLLECTOR AND ORS.

1996 INSC 664Dismissed

Natwarbhai Magajnbhai Patel filed a Special Leave Petition challenging a Gujarat High Court order that vested excess vacant land, surrendered under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976, in the State. The petitioner argued that compensation should be paid before the …

POONAM VERMAversusASHWIN PATEL & ORS.

1996 INSC 669Appeal(s) allowed

The appellant, Poonam Verma, sued Dr. Ashwin Patel (a registered homoeopathic practitioner) and Dr. Rajeev Warty for negligence after her husband died following treatment with allopathic medicines prescribed by Dr. Patel, who was not qualified to practice allopathy. The National Consumer Disputes …

PRADEEP KRISHENversusUNION OF INDIA AND ORS.

1996 INSC 665Disposed off

Pradeep Krishen, an environmentalist, filed a writ petition under Article 32 challenging a Madhya Pradesh Forest Department order that allowed villagers around sanctuaries and national parks to collect tendu leaves. He argued that the order was ultra‑violet to the Wild Life (Protection) Act, 1972 …

GAN GAD HARANversusJANARDHANA MALLAN AND OTHERS

1996 INSC 666Appeal(s) allowed

The appellant purchased a joint‑family property from the father of the respondents when the latter were minors, for Rs 9,000. After the father's death, the respondents filed a partition suit alleging that the sale was for inadequate consideration, that there was no legal necessity, and that most of …

SH. ASHOK V. DAVIDversusUNION OF INDIA AND ORS.

1996 INSC 670Appeal(s) allowed

The appellants, direct recruits to the Karnataka Administrative Service, completed their probation on 14 July 1976 but were not formally confirmed until 1 January 1986, a delay of nearly ten years. Because of this undue delay, they were excluded from the 1983 select list for promotion to the Indian …

MR. A TREHANversusM/S. ASSOCIATED ELECTRICAL AGENCIES AND ANR.

1996 INSC 671Dismissed

Mr. A. Trehan, an employee of M/s. Associated Electrical Agencies, suffered a serious eye injury while repairing a television. As an insured person under the Employees' State Insurance (ESI) Act, 1948, he received benefits from the ESI Corporation and later filed a claim for additional compensation …

STATE OF MANIPURversusTHINGUJAM BROJEN MEETI

1996 INSC 672Appeal(s) allowed

The State of Manipur issued a "Die‑in‑Harness" compassionate appointment scheme for dependents of government servants who died in service, later revising it to exclude ad‑hoc, off‑iciating, work‑charged and casual appointees. The dependents of two confirmed work‑charged employees sought appointments …

TAGIN LITIN ETC.versusSTATE OF ARUNACHAL PRADESH

1996 INSC 673Appeal(s) allowed

The dispute concerned the appointment of the Head Gaonburah of Simong village in Arunachal Pradesh. The Deputy Commissioner approved the petitioner's appointment on 31 January 1994 and issued a WT message on 15 February 1994 directing that the petitioner be informed. No actual communication of the …

HASHMATTULLAHversusSTATE OF M.P. AND ORS.

1996 INSC 667Appeal(s) allowed

The appellant, a butcher, challenged the 1991 amendment to the Madhya Pradesh Agricultural Cattle Preservation Act that imposed an absolute ban on slaughter of bulls and bullocks, alleging it violated his fundamental right to trade under Article 19(1)(g) and was not a reasonable restriction in the …

SH. P.K. DAVEversusPEOPLES UNION OF CIVIL LIBERTIES (DELHI) AND ORS.

1996 INSC 674Dismissed

The petitioners, Peoples Union of Civil Liberties and others, filed a public‑interest writ seeking the suspension and criminal prosecution of Dr. Khalilullah, Director of G.B. Pant Hospital, alleging massive financial irregularities. The Delhi Health Secretary recommended his suspension, the Chief …

PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATIONversusTHE STATE OF PUNJAB AND ORS.

1996 INSC 675

The case arose from the abduction and alleged murder of Advocate Kulwant Singh, his wife and their two‑year‑old child, for which the Punjab and Haryana High Court Bar Association sought an independent inquiry. The High Court declined to intervene, prompting a civil appeal before the Supreme Court. …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 676Disposed off

M.C. Mehta filed a public‑interest writ under Article 32 seeking control of air and noise pollution from stone‑crushers, pulverisers and mining operations near the tourist resorts of Badkhal Lake and Surajkund in Haryana. The Haryana Pollution Control Board and the National Environmental Engineering …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 677Disposed off

The Supreme Court examined the Delhi Development Act, 1957 which mandates the relocation of hazardous, noxious, heavy and large industries from Delhi and the subsequent use of the land vacated. Various committees (Alphons, Jain, Khanna) submitted schemes on how the land should be utilized. The Court …

CYCLE CORPORATION OF INDIA LTD.versusT.I. RALEIGH INDUSTRIES PVT. LTD. AND ORS.

1996 INSC 668Dismissed

The appellant, Cycle Corporation of India Ltd., sought rectification of the trade mark ‘Raleigh’ owned by the respondent, T.I. Raleigh Industries Pvt. Ltd., alleging that the proprietor had not used the mark bonafide for a continuous period of five years and that neither the respondent nor any …

STATE OF JAMMU AND KASHMIRversusSHAM LAL AND ORS.

1996 INSC 678Appeal(s) allowed

The State discovered a large embezzlement by employees of the Jammu & Kashmir Cooperative Supply and Marketing Federation Ltd. and filed an FIR under Section 5(2) of the Prevention of Corruption Act, 1988 and the Ranbir Penal Code. The accused filed a writ petition in the High Court seeking to quash …

NARINDRA KUMAR JAINversusTHE STATE OF MADHYA PRADESH

1996 INSC 679Dismissed

The appellant, Narindra Kumar Jain, served as manager of Kisan Rice Mills and was responsible for large stocks of paddy. During his tenure, 1,500 quintals of paddy were found missing, leading to charges under Sections 409 and 420 of the Indian Penal Code. The trial court acquitted him, but the …

STATE OF ORISSA AND ORS.versusSLBARAM BARAL (SIMARAM BARAI)

1996 INSC 680Appeal(s) allowed

The State of Orissa filed a suit for Rs.1,46,820 against S. Baram Baral, which was decreed ex parte. The appellant sought relief under Order 9 Rule 13 of the Code of Civil Procedure, 1908, and the trial court set aside the ex parte decree subject to a payment of Rs.50. On revision, the Orissa High …

K.V. KRISHNAMANIversusLALIT ACADEMY

1996 INSC 681Dismissed

The appellant was initially appointed on an ad‑hoc basis and later placed on probation with a view to regularise his services. During the probation period his performance was deemed unsatisfactory and his services were terminated on 1 December 1989. He challenged the termination by filing a writ …

M/S ATIABIRA REGULATED MARKET COMMITIEEversusM/S GANESH RICE MILLS

1996 INSC 682Dismissed

The appellant, Mis Attiabira Regulated Market Committee, appealed against Mis Ganesh Rice Mills challenging the High Court's decision that the villages of Saharatikira and Bheden were outside the notified market area under the Orissa Agricultural Produce Market Act, 1956. The central issue was …

M/S. SHIV SHAKTI GOLD FINGERversusASSTI. COMMISSIONER, COMMERCIAL TAXES, JAIPUR

1996 INSC 683Appeal(s) allowed

Shiv Shakti Gold Finger applied for exemption from Rajasthan sales tax on its Gole Papad, a circular snack made of maida, salt, starch, papad soda, alum and food colour, invoking a 1970 notification that exempted "Papad and Badi (Mangori)". The Assistant Commissioner rejected the claim, holding that …

UNION OF INDIA AND ORS.versusMIS. SHARMA COAL CO.

1996 INSC 684Disposed off

The Union of India (Railways) appealed a Guwahati High Court order that directed the Railways to allocate unutilised wagons to non‑priority articles after the exhaustion of all priority categories under its Preferential Traffic Scheme (PTS). The original PTS classified sponsored coal in Category C …

DAULATRAMversusSAROOP RAM AND ANR.

1996 INSC 685Dismissed

Daulat Ram filed a suit seeking declaration and possession of land, alleging that a private partition had allotted the property to him and that he had singly redeemed the mortgage, thereby becoming a mortgagee by subrogation. The trial court and the Punjab & Haryana High Court held that the mortgage …

RAMCHANDRA DAYARAM GAWANDEversusUNION OF INDIA AND ORS.

1996 INSC 686Dismissed

The appellant, a State Police Service officer promoted to Superintendent in 1976, was placed on the select list in 1977 and given seniority from April 30, 1978. He claimed a year of allotment of 1972 under the seniority rules, which the Central Administrative Tribunal rejected. The Supreme Court …

SUKHBIR SINGH AND ORS.versusBRIJ PAL SINGH AND ORS.

1996 INSC 687Dismissed

The first petitioner purchased land from the respondent under a 1975 sale deed that included a reconveyance agreement. The respondent sued for specific performance, alleging the petitioner refused to execute the sale deed despite the respondent’s readiness and attendance at the Sub‑Registrar’s …

THE SECRETARY, HAILAKANDI BAR ASSOCIATIONversusSTATE OF ASSAM AND ANR.

1996 INSC 658Disposed off

The Hailakandi Bar Association filed a writ petition under Article 32 alleging that Superintendent of Police A.K. Sinha Cashyap submitted a false report and affidavit to the Supreme Court to conceal police brutality that led to the death of under‑trial prisoner Nurul Haque. The Court examined the …

H.U.D.A. AND ANRversusKEWAL KRISHAN GOEL AND OTHER ETC.

1996 INSC 659Appeal(s) allowed

The Haryana Urban Development Authority (HUDA) advertised residential plots requiring a 10% earnest‑money deposit with the application. Allottees accepted the allotment, paid the earnest money and further deposits amounting to 25% of the price, and were to pay the balance in lump sum or six …

COLLECTOR OF CENTRAL EXCISE, BARODAversusMIS. M.M. KHAMBHATWALA

1996 INSC 660Dismissed

The respondents, M.M. Khambhatwala, manufactured certain excisable goods in their factory and claimed exemption under Notification 80/80-CE. They also obtained agarbatti, amla podi and dhup from household ladies who worked outside the factory without power, for which the respondents paid piece‑rate …

NAMAD HASSAN BHAGAD AND ORS.versusSTATE OFGUJARAT AND ORS.

1996 INSC 661Disposed off

During a TADA investigation, the police attached seven ships under Section 7A of the Terrorist and Disruptive Activities (Prevention) Act, alleging the vessels were purchased with proceeds of terrorist activity. The owners challenged the attachment, arguing that the ships were bought before the Act …

UNION OF INDIAversusSH. AB. SHAH AND ORS.

1996 INSC 662Appeal(s) allowed

The Union of India filed a complaint under Section 73 of the Mines Act, 1952 alleging that Oriental Coal Co. Ltd. and its officials violated conditions 3 and 6 of the permission to split pillars with hydraulic sand stowing. The trial court and the High Court acquitted the respondents, holding that …

P.S. RAJYAversusTHE STATE OF BIHAR

1996 INSC 663

P.S. Rajya, an Income‑Tax Officer, was charged under Section 5(2) read with 5(1)(e) of the Prevention of Corruption Act for possessing assets disproportionate to his income. A departmental inquiry conducted by the Central Vigilance Commission, and later concurred by the UPSC and the President, …

STATE OF U.P. AND ORS.versusSMT. KAMLA DEVI AND ANR.

1996 INSC 651Appeal(s) allowed

Kamla Devi was appointed on an ad‑hoc basis under the U.P. Temporary Government Services Rules, 1975 and was repeatedly absent from duty. The State terminated her service on 23 September 1980 under Rule 14(a), which allows termination with one month’s notice or pay in lieu. She sought reinstatement …

SCINDIA EMPLOYEES UNIONversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 652Dismissed

The SCINDIA Employees Union challenged the acquisition of land on which its workshop stood, arguing that the acquisition for the expansion of a dockyard for defence purposes was not a public purpose and that the Union was a "person interested" under Section 3(d) of the Land Acquisition Act, 1894, …

DEVI LAL AND ANR.versusMOHAN PRASAD AND ANR.

1996 INSC 653Dismissed

The petitioners sought to have a six‑month contempt sentence imposed by this Court recalled on the ground that their counsel had not informed them of the order and that they had not received dasti notice of the contempt proceedings. The Court noted that it is normal practice for counsel appearing …

P.T.R EXPORTS (MADRAS) PVT. LTD. AND ORS.versusTHE UNION OF INDIA AND ORS.

1996 INSC 656Dismissed

The petitioners, exporters of readymade garments, challenged the Government’s amendment to the export policy effective 1 January 1996, which abolished the Manufacturer Export Entitlement (MEE) and Non‑quota Exporter (NQE) quotas and introduced a system based on Past Performance Entitlement (PPE) and …

CH. RAMA RAOversusTHE LOKAYUKTA AND ORS.

1996 INSC 657Dismissed

The petitioners challenged interim orders issued by the Andhra Pradesh Lokayukta that suspended and transferred them without prior notice or hearing, alleging violation of natural justice and the unconstitutionality of Sections 3, 4, 7 and 12 of the AP Lokayukta & U.P. Lokayukta Act, 1983. The …

THE COMMISSIONER OF INCOME-TAX, MADRASversusTHE LAKSHMI VILAS BANK LTD. KARUR

1996 INSC 647Appeal(s) allowed

Lakshmi Vilas Bank, in the ordinary course of its banking business, purchased securities on behalf of its customers and required a margin money deposit. When the customers failed to pay the balance, the bank forfeited the margin and adjusted it against the purchase price of the securities, treating …

MAJOR R.S. BUDHWARversusUNION OF INDIA AND ORS.

1996 INSC 648Appeal(s) allowed

The case involved Major R.S. Budhwar and two other soldiers who were convicted by a General Court Martial for abetment and commission of murders of senior army officers under Sections 302, 34 and 109 of the IPC read with Section 69 of the Army Act. The appellants challenged the convictions on the …

GAYA BAKSH YADAVversusUNION OF INDIA AND ORS.

1996 INSC 642Disposed off

The case concerned the method of preparing an All‑India seniority list for officers of the Customs Appraisers Service, Class II. The Government had issued a circular in 1986 that placed promotee appraisers together based on continuous service and direct recruits based on UPSC ranking, then merged …

SMT. SWATI AND ORS.versusSH. DAMODAR ANANT KARANDIKAR AND ORS.

1996 INSC 649Appeal(s) allowed

The Bombay Port Trust fixed reservation percentages for promotional posts at 15% for Scheduled Castes (SC) and 7.5% for Scheduled Tribes (ST), matching the All‑India policy, whereas the State of Maharashtra prescribed 7% for SC and 9% for ST at the time of initial recruitment. The Bombay High Court …

STATE OF ORISSA AND ORS.versusRAM CHANDRA DAS

1996 INSC 643Appeal(s) allowed

Ram Chandra Das, an Assistant Conservator of Forests, was compulsorily retired under Rule 71(a) of the Orissa Service Code. He challenged the retirement before the Orissa Administrative Tribunal, which set aside the retirement on three grounds: that he had crossed the efficiency bar, that his …

B.R. VEERABASAVARADHYAversusTHE DEVOTEES OF LINGADGUDI MUTT AND ORS.

1996 INSC 644Dismissed

In OS No. 22/62, the appellant (defendant 1) entered into a compromise under Order 23 Rule 3 of the CPC, and a decree was passed based on that compromise, granting him continued occupation as manager, possession of shops, and refunds. The suit was later remanded to consider defendants 2‑4, and after …

STATE OF U.P. AND ANR.versusROADWAYS MINISTERIAL STAFF ASSOCIATION U.P. AND ANR.

1996 INSC 645Appeal(s) allowed

The Supreme Court examined the validity of Rule 8(ii) of the Uttar Pradesh State Roadways Organisation (Abolition of Posts & Absorption of Employees) Rules, 1982, which dealt with pension and gratuity liabilities when government employees on deputation were deemed absorbed by the Uttar Pradesh State …

BISWA RAN.JAN SAHOO AND ORS.versusSUSHANTA KUMAR DLNDA AND ORS.

1996 INSC 646Dismissed

The case concerned the selection of six Chargemen ‘B’ Grade posts in the Mechanical and Electrical Division of Indian Railways under advertisement No. 6/92. The petitioners alleged massive irregularities, including alteration of answer‑book marks and interview scores, leading to wrongful …

SMT. VIJAYALAKSHMIversusB. HIMANTHARAJA CHETTY AND ANR.

1996 INSC 631Appeal(s) allowed

The appellant, Smt. VUAYALAKSHMI, was the foster child of Batchu Muniyappa Chetty, who along with his brother B. Himantharaja Chetty partitioned their joint family property under a registered deed that included a pre-emption clause. After the foster father and his widow died, the property was …

PAWAN KUMARversusSTATE OF HARYANA AND ANR.

1996 INSC 632Appeal(s) allowed

Pawan Kumar was appointed on an ad‑hoc basis as a Class IV field worker in Haryana. While in service he was convicted in a summary trial under Section 294 of the Indian Penal Code for an obscene act, pleading guilty and paying a fine of Rs 20. When his regularisation was considered, the authorities, …

DHANNALALversusD.P. VIJAYVARGIYA AND ORS.

1996 INSC 634Appeal(s) allowed

The appellant was injured in a road accident on 4 December 1990 and filed a claim petition for compensation before the Additional Motor Accident Claims Tribunal on 7 December 1991, seeking condonation of a four‑day delay. The Tribunal condoned the delay, but the High Court set aside that order, …

THE ASSTT. COLLECTOR OF CENTRAL EXCISEversusBATA INDIA LTD.

1996 INSC 625Dismissed

The Assistant Collector of Central Excise appealed against Bata India Ltd. alleging that the manufacturer could not claim exemption under a notification that exempted footwear valued up to Rs.60 per pair when its wholesale price exceeded that limit. Bata argued that by deducting the 10% excise duty …

U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusTRILOK CHANDRA AND ORS.

1996 INSC 626Appeal(s) allowed

The appellant, U.P. State Road Transport Corporation, was sued for compensation after its omnibus caused the death of Prem Chandra, aged 26. The claimants calculated loss of dependency based on a monthly surplus of Rs.200 and applied a multiplier of 24 years, which the Tribunal used; the High Court …

HIMACHAL ROAD TRANSPORT CORPORATIONversusSH. DINESH KUMAR

1996 INSC 635Appeal(s) allowed

The children of deceased employees of the Himachal Road Transport Corporation applied for regular clerk appointments under the corporation's "kith and kin" policy, but no vacancies existed. The Administrative Tribunal directed the corporation to appoint the applicants immediately, and in one case …

THE III INCOME TAX OFFICER, CIRCLE - I, SALEM AND ANR.versusARUNAGIRI CHETTIAR

1996 INSC 636Appeal(s) allowed

The respondent, Arunagiri Chettriar, retired from a partnership firm in 1963 and later the firm was dissolved. The Income Tax Officer issued a notice that the respondent was jointly and severally liable for tax arrears of the firm for assessment years 1962-63 and 1963-64, arguing that liability …

SRI KRISHAN GOPAL SHARMA AND ANRversusGOVERNMENT OF N.C.T. O F DELHI

1996 INSC 637Dismissed

The Supreme Court examined criminal prosecutions under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 against manufacturers of pan masala and mouth freshener whose products contained saccharin at 2000 ppm and 2450 ppm, exceeding the limits prescribed by Rule 47 of the 1955 Food …

MULTIPURPOSE HEALTH WORKERS ASSOCIATION & ORS.versusSTATE OF HARYANA AND ORS.

1996 INSC 638Dismissed

The Multipurpose Health Workers Association, whose members are multipurpose health workers in Haryana, sought to have the higher pay scale of Rs 1200‑2040 applied to them from 1 May 1990, as stipulated in a State Government notification dated 26 July 1991. The State Government had instead granted …

STATE OF M.P.versusMOHAN LAL AND ORS.

1996 INSC 639Appeal(s) allowed

The State prosecuted Mohan Lal and others for murder under Sections 302 and 149 of the IPC, alleging that they dragged the deceased, Mangi Lal, out of his hut, assaulted him with sticks and a gun, and threw acid on him. The deceased gave a dying declaration to a Judicial Magistrate while in a fit …

STATE OF MAHARASHTRAversusPURSHOTTAM

1996 INSC 640Dismissed

The respondents, originally appointed as Junior Engineers on a work‑charged establishment, were later absorbed into the regular establishment but were omitted from the state‑wide seniority list. They contended that the Government of Maharashtra’s resolutions, which granted a "deemed date" of …

SH. JAG MOHAN CHAWLA AND ANR.versusDERA RADHA SWAMI SATSANG AND ORS.

1996 INSC 641Dismissed

The plaintiffs filed a suit for perpetual injunction to prevent the respondents from interfering with their possession of a specific plot of land. The respondents, in their written statement, claimed to have purchased a different plot and sought a counter‑claim for a permanent injunction to restrain …

PUSHPAGIRI MATHversusKOPPARAJU VEERABHADRA RAO

1996 INSC 627Appeal(s) allowed

The plaintiff, Pushpagiri Math, claimed ownership of a parcel of land that had been granted as a Bhatavarthi inam to the great‑grandfather of the respondent, Kopparaju Veerabhadra Rao, for services rendered. The respondent asserted title by prescription after the Inam Abolition and Conversion into …

BRITISH INDIAN CORPORATION LTD.versusMIS RASHTRACO FREIGHT CARRIERS

1996 INSC 628Appeal(s) allowed

British Indian Corporation Ltd entrusted 147 bales of raw wool to Rashtaco Freight Carriers for transport. The carrier detained the goods and sued the owner for an injunction, claiming arrears of Rs 13,48,817.13 in transport charges. The owner filed a separate suit for recovery of the detained …

CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.

1996 INSC 629

The Central Bank of India sought clarification on the meaning of the expression "the principal sum adjudged" in Section 34 of the Code of Civil Procedure, 1908, particularly whether it includes interest that has merged with the principal. The Attorney General, appearing for the bank, relied on …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION COMPANY (P) LTD.

1996 INSC 619

The Delhi Development Authority (DDA) auctioned a plot of land in 1980, which was won by Skipper Construction Company (Skipper). Skipper paid only 25% of the price, repeatedly defaulted on the balance, and despite court orders continued to sell space in the proposed building, collecting about Rs. 25 …

UNION OF INDIA & ORSversusKIRLOSKAR PNEUMATIC CO. LTD.

1996 INSC 620Appeal(s) allowed

The Union of India appealed against a Bombay High Court order that directed customs authorities not to reject a refund claim on the ground of limitation under Section 27 of the Customs Act, 1962. The respondent, Kirloskar Pneumatic Co. Ltd., had imported goods, paid duty, and later sought a refund, …

PASCHIM BANGA KHET MAZDOOR SAMIT!versusSTATE OF WEST BENGAL

1996 INSC 621Disposed off

The petitioners, members of Paschim Banga Khet Mazdoor Samiti, filed a writ petition under Article 32 on behalf of Hakim Seikh, who suffered serious head injuries after falling from a train and was repeatedly denied admission in several government hospitals due to lack of beds and facilities, …

HARI SHANKER ETCversusSTATE OF U.P. ETC.

1996 INSC 622Dismissed

The Supreme Court examined the murder of Parshadi Lal, in which Hari Shanker fired a licensed 12‑bore gun belonging to Shiam Behari, killing the victim while the motorcycle was being pushed. The Court held that the medical evidence of blackening and a cork wad indicated a firing distance of roughly …

UNION OF INDIA AND ANR.versusM. BHASKAR AND ORS.

1996 INSC 618Dismissed

The Supreme Court examined the Railway Board's 15 May 1987 memorandum that altered recruitment and pay scales for Traffic/Commercial Apprentices. It held that the memorandum did not revise pay for all apprentices but only for higher‑grade Traffic/Commercial Inspectors, and that the Board acted …

THE STATE OF WEST BENGAL AND ORS.versusSRI KARTICK CHANDRA DAS AND ORS.

1996 INSC 624Appeal(s) allowed

The State of West Bengal and others directed the appellant to grant registration and subsidy under the West Bengal Cinemas Development Scheme, a direction issued by a single High Court judge under Article 226. While the appeal against that direction was pending, contempt proceedings were initiated …

M/S. ELPRO INTERNATIONAL LTD.versusCOLLECTOR OF CENTRAL EXCISE, PUNE

1996 INSC 610Appeal(s) allowed

ELPRO International Ltd., a manufacturer of X‑ray components, obtained a final order from a three‑member bench of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which was later rectified by another three‑member bench. Subsequent applications for further rectification were heard by …

M/S. SUNDARAM CLAYTON LTD. ETC.versusCOMMISSIONER OF INCOME TAX

1996 INSC 611Dismissed

Sundaram Clayton Ltd. issued 20,40,000 worth of bonus shares by capitalising its general reserves in the assessment year 1971-72 and claimed that the bonus issue should be proportionately added to its share capital for the purpose of computing capital under Rule 3 of Schedule II of the Companies …

RAMESH BABULAL DOSHIversusTHE STATE OF GUJARAT

1996 INSC 612Appeal(s) allowed

The appellant, Ramesh Babulal Doshi, was charged with the murder of Khodibhai Patel and related offences. The prosecution relied solely on circumstantial evidence, including sightings of the appellant with the deceased, a trunk containing the body, and blood‑stained articles recovered from the …

KIRAN BALAversusSURINDER KUMAR

1996 INSC 613Appeal(s) allowed

Kiran Bala sold her residential house to relatives to pay debts, but the sale was declared null and void as a fraudulent transfer under the Transfer of Property Act. The decree-holder sought to attach and sell the house in execution of a money decree, while the appellant claimed exemption under …

SMT. SANTOSH YADAVversusSTATE OF,HARYANA AND ORS.

1996 INSC 614Appeal(s) allowed

The appellant, a Hindi teacher, was appointed on a six‑monthly contract in 1980 and regularised in 1984. In 1990 the Education Department ordered her removal, claiming her teacher‑training certificate from Uttar Pradesh was not recognised by Haryana. The Department relied on a 7 July 1981 circular …

THE STATE OF BIHAR AND ORS.versusSURESH CHANDRA MUKHERJEE

1996 INSC 615Disposed off

The State of Bihar appointed retired Patna High Court Judge Suresh Chandra Mukherjee as Presiding Officer of an Industrial Tribunal, but failed to honor the re‑employment conditions stipulated in the notification. Mukherjee filed a writ petition in the Patna High Court seeking enforcement of those …

SUKHDEOversusTHE.COMMISSIONER AMRAVATI DIVISION, AMRAVATI AND ANR.

1996 INSC 616Appeal(s) allowed

Sukhdeo, a Class III government employee with 30 years of service but under 55 years of age, was compulsorily retired on 23 March 1990 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, based on adverse remarks in his confidential reports for 1987‑88 and 1988‑89. The …

STATE OF KARNATAKA & ORS.versusN. MADAPPA AND ORS. ETC.

1996 INSC 617Dismissed

The State of Karnataka, by the Karnataka Motor Vehicles Taxation (Amendment) Act 1989, inserted sub‑section (4) in Section 3 of the Karnataka Motor Vehicles Taxation Act, 1957, imposing a special additional tax on each occasion a motor vehicle carries passengers in excess of its permitted capacity. …

SMT. SWARNALATA SARKARversusSTATE OF WEST BENGAL AND ORS.

1996 INSC 599Appeal(s) allowed

Smt. Swarnalata Sarkar filed a criminal complaint alleging bigamy under S. 494 r/w S. 109 IPC against her husband, who had married another woman with the collusion of several respondents. The trial magistrate issued process based on preliminary evidence under S. 200 CrPC. The accused filed a …

RAJ KJSHORE PRASADversusSTATE OF BIHAR

1996 INSC 600Appeal(s) allowed

The appellant Raj Kishore Prasad was alleged by two witnesses to have urged his brother, the accused Avadh Kishore, to kill the victim, but the police filed a report only against Avadh Kishore. The Chief Judicial Magistrate (CJM) dismissed the informant's application to summon the appellant, but the …

BOBBY ART INTERNATIONALversusOM PAL SINGH HOON AND ORS.

1996 INSC 595Appeal(s) allowed

The film "Bandit Queen", based on the life of Phoolan Devi, was certified 'A' by the Appellate Tribunal under the Cinematograph Act after it was found to depict the consequences of social evils such as rape and oppression. The petitioner, Bobby Art International, challenged the High Court's order …

I. VIKHESHE SEMAversusHOKISHE SEMA

1996 INSC 601Appeal(s) allowed

In the 1993 Nagaland Legislative Assembly election for Dimapur Constituency No.1, Vikheshe Sema was declared winner by a margin of 137 votes over Hokishe Sema. The respondent filed an election petition alleging that duplicate entries in the electoral roll had allowed some voters to cast more than …

MAHABIR CHOUDHARY ETC.versusSTATE OF B!HAR

1996 INSC 602Appeal(s) allowed

Thirteen residents of Kusi village were prosecuted after three men from the neighbouring Malpura village cut open a bund, diverting water during a drought. The Kusi villagers attempted to restore the bund, were resisted, and four of them shot the three intruders, causing their deaths. The trial …

ALLAHABAD BANK OFFICERS ASSOCIATION AND ANR.versusALLAHABAD BANK AND ORS.

1996 INSC 603Dismissed

The Allahabad Bank Officers Association challenged the bank's order of compulsory retirement of a senior officer, alleging that the order was stigmatic and therefore a punitive dismissal under Article 311(2) of the Constitution. The bank had constituted a Special Committee under Regulation 19 of its …

GUJARAT UNIVERSITYversusRAJIV GOPINATH BHATT AND ORS.

1996 INSC 596Appeal(s) allowed

Gujarat University prescribed a rule for admission to its limited super‑speciality (M.Ch./D.M.) courses giving first preference to its own graduates, second preference to other Gujarat‑state university graduates, and leaving any remaining vacancies unfilled. Rajiv G. Bhatt, not a Gujarat University …

RADHEY SHYAM JAISWAL (DEAD) AND ORS.versusSMT. RAM DULARI DEVI AND ORS.

1996 INSC 604Dismissed

The decree-holder obtained a decree in 1949 and later sold the attached house to an auction purchaser. After a compromise failed, a fresh execution application was filed on 16 November 1961, more than twelve years after the decree, leading to the sale of the property. The widow and daughters of the …

COMMON CAUSE"REGISTERED SOCIETY THROUGH ITS DIRECTORversusUNION OF INDIA AND ANR.

1996 INSC 605Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by the registered society "Common Cause" seeking relief for under‑trial prisoners and accused persons in pending criminal matters. The Court observed that prolonged pendency of criminal cases infringes the right to life and …

THE PROPERTY OWNERS' ASSOCIATION AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 598Matter referred to larger bench

The petition challenged the constitutional validity of Chapter VIII‑A of the Maharashtra Housing and Area Development Act, 1976, which allows acquisition of properties on payment of one hundred times the monthly rent, and argued that Article 31C of the Constitution shields the Act from attack under …

PURNA CHANDRA NANDAversusSTATE OF ORISSA AND ANR.

1996 INSC 606Dismissed

Purna Chandra Nanda, a Veterinary Extension Officer, was posted as Dairy Overseer in 1969 and claimed promotion to Dairy Supervisor, subsequently serving as Farm Manager. He sought equal pay for equal work, arguing that the Farm Manager post, being interchangeable, entitled him to the pay scale of a …

HAL EMPLOYEES UNIONversusTHE PRESIDING OFFICER AND ANR.

1996 INSC 607

The HAL Employees Union appealed against a lock-out imposed by the employer from 4/5 June 1978 to 18 June 1978, during which wages were deducted. The Industrial Tribunal had held the lock-out to be both legal and justified, and therefore no wage claim arose. The appellant argued that the strike …

SH. N.K. SHARMAversusTHE PRESIDING OFFICER LABOUR COURT, SHIMLA AND ORS.

1996 INSC 608Dismissed

The appellant, initially appointed as a Store Munshi in a work‑charged establishment, was later regularised and promoted to Store Keeper in the regular cadre. A rationalisation scheme dated 5 September 1988 was introduced to align pay scales and promotional avenues of work‑charged employees with …

STATE OF HARYANAversusSMT. KAMLA AND ORS.

1996 INSC 588Appeal(s) allowed

The State of Haryana issued a notification under the Land Acquisition Act, 1894 and the Collector awarded compensation for acquired land. The respondents applied under Section 18 and a District Judge awarded compensation, after which the State executed the decree. The executing District Judge later …

THE MANAGING DIRECTOR 0.I.I.D.C., BHUBANESWARversusSARAT CHANDRA PATNAIK AND ANR.

1996 INSC 589Appeal(s) allowed

The Orissa Industrial Infrastructure Development Corporation (OIDC) offered a plot to Sarat Chandra Patnaik on a 90‑year lease; the respondent later sought a reduction in the lease consideration. The Orissa High Court directed that the matter be placed before the State Government for a final …

HIS HOLINESS ACHARYA SWAMI GANESH DASSJIversusSH. SITA RAM THAPAR

1996 INSC 590Dismissed

Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the …

C.V. RAJA RAO AND ANR.versusMIRZA BASHEER BAIG AND ORS

1996 INSC 591Dismissed

The petitioners claimed ownership of 4,922 square yards of land (Survey No. 202) in Lallaguda, Secunderabad and obtained injunction orders under sections 145 and 146 of the Code of Criminal Procedure. They alleged that the police were not providing assistance despite the injunctions. The Andhra …

HEIRS OF VRAJLAL J. GANATRAversusHEIRS OF PARSHOTTAM S. SHAH

1996 INSC 593Dismissed

The heirs of Vrajlal J. Ganatra filed a suit seeking a declaration that they were the real owners of a property despite a sale deed showing Parshottam S. Shah as the vendee, alleging the deed was a security for a loan and that the land would be reconveyed upon repayment. The trial court dismissed …

AGRICULTURAL AND PROCESSED FOOD PRODUCTS ETCversusOSWAL AGRO FURANE AND ORS.

1996 INSC 594Appeal(s) allowed

Oswal Agro Furane Ltd., a 100% export‑oriented unit licensed to manufacture furfural and edible rice bran oil, sought to export non‑basmati rice and to sell the rice bran oil in the domestic market, invoking Clause 15(j) of the Export (Control) Order, 1988 as a blanket exemption. The Delhi High …

HARIJAN DHANA BADHA AND ORS. ETC. ETC.versusSTATE OF GUJARAT

1996 INSC 584Dismissed

The case involved eleven accused who participated in a violent incident that resulted in the death of Dana Pitha. The trial court acquitted eight of them, convicting only three under Section 302 IPC, but the Gujarat High Court reversed the acquittals, finding that the accused formed an unlawful …

KIRTIKANT D. VADODARIAversusSTATE OF GUJARAT AND ANR.

1996 INSC 585Appeal(s) allowed

The appellant, Kirtikant Vadodaria, challenged a maintenance order granted to his step‑mother, Manjulaben, under Section 125(1)(d) of the Criminal Procedure Code. The trial court, sessions court and Gujarat High Court had held that a step‑mother could claim maintenance from her step‑son. The Supreme …

MIS VEECUMSEES, MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS

1996 INSC 586Appeal(s) allowed

Veecumsees, a jeweller, also operated a cinema theatre (Safire Theatre) for which it obtained loans in 1961. The theatre was built in 1962 and ran until it was sold as a going concern on 31 July 1965. The Income Tax Officer disallowed interest on those loans as a deduction under Sec. 36(1)(iii) of …

C.S. BALAN AND ORS.versusCHIEF GENERAL MANAGER, TELECOM AND ORS.

1996 INSC 587Disposed off

The appellants, C.S. Balan and others, applied to the Central Administrative Tribunal (CAT) seeking a declaration that they were entitled to promotion to Junior Telecommunication Officer effective December 1990, citing available vacancies in their quota. The CAT order merely noted the respondent's …

SMT. DEOKALIversusNAND KISHORE AND ORS.

1996 INSC 578Dismissed

The appellant Deokali challenged the validity of a will executed by her father Shivnarayan on 2 May 1972, which bequeathed all his movable and immovable property to the three grandsons (sons of her elder sister Ramkali). She alleged six suspicious circumstances: the first page lacked signatures and …

U.P. STATE MINERAL DEVELOPMENT. CORPORATION AND ANR.versusK.C.P. SINHA

1996 INSC 579Appeal(s) allowed

K.C.P. Sinha, who had been employed by the U.P. State Mineral Development Corporation since 1977, was compulsorily retired in August 1988 under Rule 27(iv) of the corporation’s service rules, which permits retirement at age 50 with three months’ notice. He challenged the order, arguing that the rule …

M/S DEWAN ENTERPRISESversusCOMMISSIONER OF SALES TAX, U.P.

1996 INSC 576Appeal(s) allowed

MIS Dewan Enterprises, a manufacturer of cycle rims, was assessed by the Uttar Pradesh Sales Tax Officer at an 8% rate, treating the rims as cycle parts. The company argued that under Section 14(iv)(xiv) of the Central Sales Tax Act, cycle rims are "declared goods" and, per Section 15, should be …

FERTILIZER CORPORATION OF INDIA LTD., GORAKHPURversusNAGAR MAHAPALIKA, GORAKHPUR

1996 INSC 580Appeal(s) allowed

The Fertilizer Corporation of India (FCI) challenged octroi levied on its Gorakhpur factory, first by the Notified Area Committee (1979‑1982) and later by the Nagar Mahapalika after the area was incorporated into the city. The Supreme Court examined the statutory powers under the U.P. Town Areas …

CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, BEED AND ORS.versusSYED YASIN AND ORS.

1996 INSC 581Appeal(s) allowed

The State of Maharashtra issued a 1970 resolution authorising Zilla Parishads to upgrade primary school teachers to Head Masters with retrospective effect from 1 April 1966, subject to specific vacancy conditions. Four teachers filed a writ petition claiming entitlement to the upgraded pay scale. …

TAMIL NADU ELECTRICITY BOARD AND ANR.versusN. RAJU REDDIAR AND ANR.

1996 INSC 582Appeal(s) allowed

The respondents (plaintiffs) sued the T.N. Electricity Board for Rs. 46,08,820, claiming that the freight rates for transporting iron and steel were to be paid on a multi‑slab basis as indicated in a handwritten addition to a letter appended to their tender. The High Court Division Bench accepted …

J. ASHOH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 573Dismissed

J. Ashok Kumar appealed against the Andhra Pradesh Administrative Tribunal’s dismissal of his claim that he was entitled to a 5% weightage in marks as an NCC-qualified candidate under the amended Rule 4 of the Andhra Pradesh Excise Service Rules (G.O. Ms. No. 1136, 13‑September‑1986). The petitioner …

ELECTION COMMISSION OF INDIAversusDR. SUBRAMANIAN SWAMY AND ANR.

1996 INSC 569Disposed off

The Election Commission of India appealed against a Madras High Court decision that had prohibited Chief Election Commissioner T.N. Seshan from expressing the Commission’s opinion on a disqualification petition against Chief Minister J. Jayalalitha, on grounds of alleged bias. The Supreme Court …

NATHU RAM AND ORS.versusMANPHOOL AND ORS.

1996 INSC 575Dismissed

Nathu, who was in utero when the limitation period began, filed a suit to challenge an ancestral land gift made by Puran's adoptive mother to a stranger, also contesting Puran's adoption. Birbal and Aaidan, other reversioners, were defendants but later sought to be transposed as plaintiffs. Nathu …

PRABHUDEV MALLIKARJUNAIAHversusRAMACHANDRA VEERAPPA AND ANR.

1996 INSC 570Dismissed

The appellant, Prabhudev Mallikarjunaiah, filed a nomination as a Scheduled Caste (Beda Jangamma) candidate for the Bidar‑1 (SC) Lok Sabha seat in 1991. The Returning Officer rejected his nomination, holding that he belonged to the Veerashiva Lingayath community, not the Beda Jangamma caste listed …

SH. BHOGENDRA JHAversusSH. MANOJ KUMAR JHA

1996 INSC 571Appeal(s) allowed

The appellant, Sh. Bhogendra Jha, was elected to the 10th Lok Sabha from Madhubani, Bihar. Two other candidates, Pawan Kumar Pathak (PW‑4) and Lal Bahadur Singh (PW‑6), had their nominations rejected by the Returning Officer because the proposers' names and electoral‑roll numbers did not match the …

SH. HARCHARAN SINGH JOSHversusSH. HARI KISHAN

1996 INSC 572Dismissed

The appellant, an unsuccessful candidate in the 1993 Delhi Assembly election, filed an election petition alleging corrupt practices under Section 123 of the Representation of the People Act, 1951. The Delhi High Court dismissed the petition but held that the respondent was not supplied with the …

RAMESH NARAIN SAXENA AND ORS.versusCOMMISSIONER OF INCOME TAX, NEW DELHI

1996 INSC 560Dismissed

The appellant, an exporter of hides and skins, pledged goat skins to a bank and obtained an overdraft. The skins were damaged due to the bank's improper storage, leading the appellant to file a criminal complaint. A compromise was reached whereby the bank waived Rs 1,93,159 owed by the appellant, …

FAUJA SINGHversusJASPAL KAUR

1996 INSC 561Appeal(s) allowed

The appellant, Fauja Singh, contested the attachment of his residential house in an execution proceeding, invoking Section 60(c) of the Code of Civil Procedure which renders a residential house non‑attachable. The executing court ignored the plea, and the Punjab & Haryana High Court dismissed the …

UNION OF INDIAversusBANT RAM (DEAD) BY LRS. ETC.

1996 INSC 562Appeal(s) allowed

The case concerned the validity of a compensation award made by the Collector under Section 28A of the Land Acquisition Act, 1894, after the High Court had already determined compensation under Section 54. The petitioners argued that a Section 28A application could not be filed once a Section 54 …

KM. PREETA SINGH ETCversusHARYANA URBAN DEVELOPMENT AUTHORITY AND ORS.

1996 INSC 563Dismissed

The appellants, allotted a site by the Haryana Urban Development Authority (HUDA) under a housing scheme, paid the original sale price but were later directed to pay an additional amount of about Rs. 1 lakh as per a calculation memo dated 9 August 1990. They contended that HUDA lacked authority to …

SMT. SARADA AND ORS.versusMANIKKOTH KOMBRA RAJENDRAN

1996 INSC 564Appeal(s) allowed

The suit concerned possession of 17 cents of land sold by T. Sekharan, who later died; the appellants (his heirs) claimed the sale was a collateral security for a loan and that an agreement dated 4 January 1983, executed in the presence of a police sub‑inspector, evidenced receipt of Rs 35,000 and …

STATE OF HARYANA AND ORS.versusBALWANT SINGH AND ORS.

1996 INSC 566Appeal(s) allowed

The Haryana Subordinate Service Selection Board advertised and selected 45 candidates for Family Welfare Educators in 1971-72, but a writ petition prevented their appointment until 1985-86. After the writ was dismissed, the selected candidates received letters of appointment and joined service …

STATE OF BIHAR AND ORS.versusMAHANTH BALRAM DAS

1996 INSC 567Appeal(s) allowed

The appeal concerned proceedings initiated under Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The question was whether the 1982 amendment, specifically Sections 32‑A and 32‑B, caused abatement of matters that had become final or were …

MANGAT RAM ETC.versusSTATE OF HARYANA AND ORS.

1996 INSC 568Disposed off

The State of Haryana acquired 49 acres 1 canal 15 marlas of land in Sirsa for a commercial market. The Land Acquisition Officer fixed compensation at Rs 25,000 per acre, which was enhanced by the Additional District Judge to Rs 30,000 per acre, then by a single Judge to Rs 27.50 per square yard, and …

STATE OF JAMMU AND KASHMIRversusSH. BAL RAJ SHARMA AND ORS.

1996 INSC 551Appeal(s) allowed

Melo Devi, a teacher, retired and filed a writ petition for her dues; she died before the petition was decided. Her son, Bal Raj Sharma, was substituted as legal representative and produced a will bequeathing future pension benefits to his son, the grandson of Melo Devi. The question before the …

SMT. RAJESHWARI DEVI ETC.versusSTATE OF U.P.

1996 INSC 552Case Partly allowed

The deceased Sudha was shot dead in her husband Santosh Singh's house in 1982. The husband was seen with a gun and, together with eyewitness testimony, was convicted of murder under Section 302 IPC. The father‑in‑law Onkar Singh and mother‑in‑law Rajeshwari were also convicted of murder under …

MST. KARTAR KAURversusAJMER SINGH

1996 INSC 553Appeal(s) allowed

Kartar Kaur, the widow of the deceased Ranjit Singh, sued his son Ajmer Singh for declaration and possession of a suit property situated in the former PEPSU area. The son claimed sole inheritance under local custom, while the widow asserted a special custom allowing a widow to inherit alongside the …

M/S. KRISHNA MOTOR SERVICE BY ITS PARTNERSversusH.B. VITTALA KAMATH

1996 INSC 555Appeal(s) allowed

The Supreme Court considered a dispute arising from the dissolution of an unregistered partnership, Krishna Motor Service, where the respondent, a partner without capital contribution, sought arbitration under Section 20 of the Arbitration Act, 1940. The partnership was not registered as required by …

STATE OF PUNJABversusBALDEV SINGH KHOSLA

1996 INSC 556Disposed off

Baldev Singh Khosla was promoted to Assistant Registrar of Cooperative Societies in 1990 and placed on a two‑year probation under Rule 10 of the Punjab State Co‑operative Service (Class II) Rules, 1958, which allows extensions up to a total of three years. Although his initial probation ended on 25 …

JAI RAM SHARMAversusJAMMU DEVELOPMENT AUTHORITY

1996 INSC 557Appeal(s) allowed

Jai Ram Sharma, a regular Office Superintendent in the Jammu Development Authority, claimed that he was entitled to be considered for promotion to Public Relations Officer before a deputationist senior stenographer, P.N. Jalla, was promoted. The vacancy arose while Jalla was on deputation, and the …

R.S. RAWATversusUNION OF INDIA AND ANR.

1996 INSC 558Disposed off

The appellant, a Havildar of the Indo‑Tibetan Border Police, was deputed to the Intelligence Bureau and on 26 February 1982 was absorbed as a Junior Intelligence Officer (JIO) Grade II. He claimed that his substantive rank in the parent department, JIO Grade I, entitled him to be absorbed as JIO …

STATE OF MADHYA PRADESH AND ANR.versusSHAKRI KHAN

1996 INSC 559Disposed off

The respondent, a Lower Division Clerk appointed before 1973, claimed two advance increments after passing the Hindi type‑writing test in December 1979, relying on various government instructions. The State had introduced a scheme granting such increments only to clerks who passed the test before a …

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTIONversusUNION OF INDIA AND ORS.

1996 INSC 543

The Indian Council for Enviro‑Legal Action filed a public‑interest writ under Article 32 seeking enforcement of the 19 February 1991 Coastal Regulation Zone (CRZ) Notification and challenging the validity of the 18 August 1994 amendment Notification. The petition alleged widespread …

BHARAT HEAVY ELECTRICALS LTD. ETC.versusUNION OF INDIA AND ORS. ETC.

1996 INSC 544Disposed off

Bharat Heavy Electricals Ltd (BHEL), a public sector undertaking, manufactured boiler components in its Hyderabad unit and dispatched some to its Tiruchi unit and others directly to the work‑site at Angul, Orissa, for a NALCO power‑plant project. The Andhra Pradesh State began levying Central Sales …

KASHI NATH ROYversusSTATE OF BIHAR

1996 INSC 545Appeal(s) allowed

K.N. Roy, a charge sessions judge in Munger, granted bail to accused in a dacoity case on 17 August 1991, relying on doubts about the identification parade evidence. The Patna High Court cancelled the bail and, in its order, harshly criticized Roy, suggesting he had exceeded his jurisdiction and …

THE STATE OF PUNJABversusDES RAJ

1996 INSC 546Appeal(s) allowed

The State of Punjab appealed a compensation award granted to Des Raj for land acquired under the Land Acquisition Act, 1894. The original award of Rs. 4,500 per acre was enhanced by the Additional District Judge in 1982 to Rs. 25,000 per acre, and further enhanced by a Single Judge in 1988 to Rs. …

DHANNA RAMversusUNION OF INDIA AND ORS.

1996 INSC 547Dismissed

The appellant, a Scheduled Caste candidate, was selected for the post of Goods Clerk/Coaching Clerk under the reserved quota with relaxed standards, but the initial communication erroneously stated he was selected on general standards. The error was later corrected, placing him in the reserved‑quota …

STATE OF M.P. AND ORS.versusSADASHIV ZAMINDAR

1996 INSC 548Appeal(s) allowed

The respondent, an Upper Division Teacher, claimed the status and salary of a Lecturer based on a 1962 recognition, but was denied higher pay on the "no work, no pay" principle. After retiring in 1983, he filed a writ petition for arrears from 1962 to the notional promotion date, which was …

ORISSA STATE FINANCIAL CORPORATION AND ANR.versusM/S. HOTEL JOGENDRA

1996 INSC 549Appeal(s) allowed

The Orissa State Financial Corporation (OSFC) had advanced a loan of Rs. 14.68 lakh to M/s Hotel Jogendra for hotel construction, with a scheduled repayment over 18 years. The hotel defaulted, leading to a re‑phasing order under the State Financial Corporations Act, 1951, which the hotel failed to …

M.P. ELECTRICITY BOARD, JABALPUR AND ORS.versusHARSH WOOD PRODUCTS AND ANR.

1996 INSC 550Appeal(s) allowed

The Madhya Pradesh Electricity Board inspected the meters of Harsh Wood Products and found tampered seals indicating theft of electricity. The Board issued a notice demanding payment of Rs 6,51,256.61 and threatened disconnection of supply. The High Court set aside the demand, holding that the …

NARASHIMAHA MURTHYversusSMT. SUSHEELABAI & ORS.

1996 INSC 537Dismissed

Narasoji Rao died intestate leaving a sole son (the appellant) and five daughters (including the plaintiff). The daughter filed a suit for partition of the family house (Schedule A) and other property, alleging a one‑seventh share, later increased to one‑sixth after the mother’s death. The trial …

UNION OF INDIA AND ANR.versusSHREE GANESH STEEL ROLLING MILLS LTD. AND ANR.

1996 INSC 539Dismissed

The Union appealed against a Delhi High Court order staying a clause of a circular that reinterpreted the term “date of transfer” in the duty‑free licence rules. The issue arose when Shree Ganesh Steel imported goods under a licence transferred multiple times, and customs objected that the import …

STATE OF PUNJAB AND ORS.versusTARA SINGH SHAHI

1996 INSC 540Appeal(s) allowed

Guru Nanak College, a private institution affiliated to Guru Nanak Dev University, was taken over by the State of Punjab under a gift deed dated 11 July 1983. The deed stipulated that only staff possessing the requisite qualifications would be absorbed as new entrants and that the incumbent …

STATE OF HARYANAversusCHANDVIR AND ORS.

1996 INSC 541Dismissed

The case arose from a violent altercation on 21 September 1984 in which the deceased Rajpal was attacked and later died from injuries. The prosecution charged Chandvir and Rohtash (A1 and A2) with murder under Section 302 read with Section 32 of the IPC and also under Section 149 for rioting. The …

SH. RAGHUBIR SINGH AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 542Dismissed

The third respondent, a tenure‑holder of agricultural land in Uttar Pradesh, transferred 64 bighas each to the appellants in 1974. The prescribed authority declared those transfers void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, and ordered the surplus land to …