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Judgments of 1996

1535 judgments · newest first · showing 1001–1200

ABHIRAM SINGHversusC.D. COMMACHEN AND ORS.

1996 INSC 529

The appeal arose from a Bombay High Court election petition that declared the election of a BJP candidate, Abhiram Singh, void on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951. The High Court had issued a show‑cause notice under …

COMORIN MATCH INDUSTRIES (PVT.) LTD.versusSTATE OF TAMIL NADU

1996 INSC 530Dismissed

Comorin Match Industries (Pvt.) Ltd. challenged Central Sales Tax assessments for the years 1957-58 to 1965-66 on the ground that the tax was levied on turnover that included excise duty, which the Madras High Court had held to be illegal. The High Court quashed the assessments, but the State of …

STATE OF ORISSA ETC.versusKLOCKNER AND COMPANY AND ORS. ETC.

1996 INSC 531Dismissed

Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa …

SMITH KLINE AND FRENCH (INDIA) LTD. ETC.versusCOMMISSIONER OF INCOME TAX

1996 INSC 532

The assessees, Smith Kline and French (India) Ltd., claimed a deduction for a surtax liability of Rs. 76,777 under the Companies Profits (Surtax) Act, 1964 while computing their total income for AY 1976-77. The Income Tax Officer disallowed the deduction based on Section 40(a)(ii) of the Income‑Tax …

SRI SAMIR SOBHAN SANYALversusTRACKS TRADE PRIVATE LTD. AND ORS.

1996 INSC 534Appeal(s) allowed

The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any …

IMPROVEMENT TRUST, MOGA ETC.versusMANCHANDA SOAP WORKS AND ORS.

1996 INSC 535Appeal(s) allowed

The Improvement Trust, Moga initiated a truck diversion scheme under Section 36 of the Punjab Town Improvement Act, 1922, acquiring 15.5 acres for a new market. Notices of the scheme and objections were published in newspapers and the Gazette as required by the Act, and the scheme was approved under …

UNION OF INDIA AND ORS.versusNANDLAL RAIGAR

1996 INSC 536Appeal(s) allowed

Nandlal Raigar, an accountant in the Rajasthan Telephones Department, was dismissed on May 9, 1973 for alleged fabrication of records. After exhausting departmental appeals, he filed a suit in 1980 seeking a declaration that his dismissal was illegal. The trial court dismissed the suit on limitation …

BETAL SINGHversusSTATE OF M.P.

1996 INSC 520Dismissed

Betal Singh was convicted of murdering his wife Kamla by setting her ablaze, an offence under Section 302 of the Indian Penal Code. The conviction was based primarily on Kamla's dying declaration recorded by a police officer under Section 32 of the Evidence Act, which alleged that her husband had …

THE DISCIPLINARY AUTHORITY-CUM-REGIONAL MANAGER AND ORS.versusNIKUNJA BIHARI PATNALK

1996 INSC 521Appeal(s) allowed

The respondent, a Scale‑I officer of the Central Bank of India serving as Branch Manager, was charged with ten counts of allowing overdrafts, issuing guarantees and sanctioning loans beyond his delegated authority. An enquiry found several charges fully established and others partially, leading to …

KANTA PRASAD D. PATELversusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.

1996 INSC 522Dismissed

Kanta Prasad D. Patel purchased a site in 1965 and erected sheds, claiming the structures existed before April 1, 1962 based on a lease from the previous owner. The Municipal Corporation of Greater Bombay issued a demolition notice; the Deputy Municipal Commissioner initially allowed retention of a …

STATE OF MAHARASHTRAversusMARUTI LAXMAN

1996 INSC 523Appeal(s) allowed

The State of Maharashtra appealed a High Court order that had granted enhanced compensation to Maruti Laxman under the Land Acquisition (Amendment) Act, 1984. The original acquisition notice was issued in 1969 and the Land Acquisition Officer awarded Rs.1,000 per acre in 1972. A civil court enhanced …

SYED ABDUL ALAM AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.

1996 INSC 524Appeal(s) allowed

The appellants, Head Constables, had passed a merit‑based written test for promotion to Sub‑Inspector under the Andhra Pradesh State Police Subordinate Service Rules, which require promotion on the basis of merit and ability. The Government later issued a G.O. (No. 585) amending the Police Standing …

KANSHI RAMversusOM PRAKASH JAWAL AND ORS.

1996 INSC 525Appeal(s) allowed

The parties entered into a sale agreement on 7 April 1969 for a 100‑square‑yard plot in Delhi, with a price of Rs 16,000 and Rs 2,500 paid as earnest money. The buyer (appellant) failed to execute the sale deed, and the seller (respondent) sued on 13 July 1970 for specific performance, alternatively …

STATE OF MADHYA PRADESHversusSURBHAN

1996 INSC 526Dismissed

The State of Madhya Pradesh charged O.P. Surbhan with murder after a child eyewitness (PW‑2) claimed the accused struck the deceased from behind with a bladed weapon. Medical examination, however, revealed three separate incised wounds on the neck, mandible and elbow, which could not have been …

UNION OF INDIA AND ORS.versusSHER SINGH AND ANR.

1996 INSC 527Appeal(s) allowed

The respondents' 50.55 acres of land in Pathankot were requisitioned for defence under the Requisition and Acquisition of Immovable Property Act, 1952. The Land Acquisition Officer fixed compensation at Rs. 201 per canal, but the respondents invoked Section 8 and obtained an arbitrator’s award of …

NABHIRAJ AND ORS.versusJAYAVATIBAI @SHANTHA BAI AND ORS.

1996 INSC 528Dismissed

The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written …

G.S. KAUSHIK AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 508Disposed off

The All India Regional Rural Bank Employees Association and the All India Gramin Bank Workers Organisation filed writ petitions seeking pay parity between Regional Rural Bank (RRB) employees and those of nationalised commercial banks. A National Industrial Tribunal awarded that RRB employees be …

STATE OF MAHARASHTRA ETC.versusSOM NATH THAPA ETC.

1996 INSC 507Dismissed

The Supreme Court examined the 1993 Bombay bomb blasts case, where 145 persons were charged under the IPC and the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Court clarified the law on criminal conspiracy, holding that knowledge of an illegal use can be inferred when the …

UNION OF INDIAversusP.S. DHILLON

1996 INSC 509Appeal(s) allowed

P.S. Dhillon, a Judicial Member of the Income Tax Appellate Tribunal, was compulsorily retired under FR 56(j) after attaining the age of 55, despite having less than ten years of qualifying service. He challenged the order before the Central Administrative Tribunal, which quashed it on the grounds …

THE RT. REV. B.P. SUGANDHARversusSAT. D. DOROTHY DAYASHEELA EBENESER

1996 INSC 510Appeal(s) allowed

The Chairman of the Diocesan Executive Committee of the CSI EVA Technical Institute suspended the Principal and constituted a Commission of Enquiry to conduct a preliminary fact‑finding inquiry into serious administrative and financial irregularities. The Principal challenged the suspension and the …

HARYANA UNRECOGNISED SCHOOLS ASSOCIATIONversusSTATE OF HARYANA

1996 INSC 511Appeal(s) allowed

The Haryana Unrecognised Schools Association challenged a Haryana Government notification that added "Employment in private coaching classes, schools including Nursery Schools and technical institutions" to the Schedule of the Minimum Wages Act, 1948 and fixed minimum wages for teachers. The Punjab …

STATE OF U.P. AND ORS.versusHARISH CHANDRA AND ORS.

1996 INSC 512Appeal(s) allowed

The respondents, selected in a 1987 merit list for Class III and IV clerical posts under the U.P. Subordinate Officers Clerical Staff (Direct Recruitment) Rules, 1985, alleged that the State failed to appoint them and obtained a mandamus from the Allahabad High Court ordering their recruitment. The …

MRS. JOYCE PRIMROSE PRESTORversusMISS VERA MARIE VAS AND ORS.

1996 INSC 513Appeal(s) allowed

The plaintiff, Joyce Primrose Prestor, sought letters of administration for her mother’s estate, relying on a holograph will dated 19 June 1964 that bequeathed equal shares to her three daughters. The husband and two other daughters contested the will, alleging undue influence by the plaintiff. The …

STATE OF PUNJAB AND ORS.versusDR. HARBHAJAN SINGH GREASY

1996 INSC 514Appeal(s) allowed

Dr. Harbhajan Singh Greasy, a government doctor, was charged with absence from emergency flood duty and alleged private practice during suspension. An inquiry officer reported that the doctor admitted to the private practice, but no written admission was recorded and the doctor denied making any …

U.P. ELECT. BOARD THROUGH ITS CHAIRMAN AND ANR.versusM/S. TRIVENI ENGG. WORKS LTD.

1996 INSC 515Appeal(s) allowed

The U.P. Electricity Board (appeal) and M/s Triveni Engineering Works Ltd (respondent) entered into an agreement for electricity supply of 104 kW, which allowed the Board to revise tariffs under Section 48 of the Electricity Supply Act, 1948. The Board revised tariffs on 13 July 1986, deleting the …

INSPECTOR GENERAL OF REGISTRATION U.P. AND ANR.versusAVDESH KUMAR AND ORS. ETC.

1996 INSC 516Appeal(s) allowed

The Supreme Court heard an appeal by the Inspector General of Registration, Uttar Pradesh, against the High Court order directing the State to continue daily‑wage appointments of registration clerks and to regularise them. The petitioners sought clarification on whether the directions given in …

UNION OF INDIAversusRATTAN SINGH AND ORS. ETC.

1996 INSC 517Disposed off

The Union of India appealed against the award of compensation under Section 26 of the Land Acquisition Act, 1894, made in favour of Rattan Singh and others. The High Court had stayed execution of the award, directing the Union to deposit 50% of the enhanced compensation. The Union complied, but the …

THE STATE OF GOA AND ANR. ETC. ETC.versusSMT. YVETTE PEREIRA A.E. COSTA ETC. ETC.

1996 INSC 518Appeal(s) allowed

The State of Goa filed an appeal against a High Court order that had held that certain judicial officers appointed in 1963 were "absorbed employees" entitled to the pay scales of posts created under the Portuguese administration. The appellants argued that the definition of "absorbed employee" in …

RAJA RAM YADAV AND OTHERSversusSTATE OF BIHAR

1996 INSC 505Disposed off

Eight accused were convicted for the pre‑meditated murder of six members of a single family in Baghora village, Bihar, in May 1987, an incident that also involved arson and the killing of 26 persons in total. The conviction was based solely on the testimony of a nine‑year‑old child witness who …

DELHI ADMINISTRATIONversusTRIBHUVAN NATH AND ORS.

1996 INSC 506Appeal(s) allowed

The case arose from the 1984 Delhi riots in which a mob killed Himmat Singh and Wazir Singh. The trial court convicted three accused, Tribhuvan Nath, Raju and Sita Ram, under IPC sections 302 and 149, among others, based on eyewitness testimony that they participated in the murderous mob. The Delhi …

URBAN IMPROVEMENT TRUST, JODHPURversusGOKUL NARAIN AND ANR.

1996 INSC 502Appeal(s) allowed

The Urban Improvement Trust (Jodhpur) acquired land of Gokul Narain under Section 52 of the Rajasthan Urban Improvement Act, 1959 and paid compensation. The High Court later enhanced the compensation and, applying the Central Land Acquisition Act, 1894 (as amended), awarded solatium, interest and …

RAM NATH MAHTOversusSTATE OF BIHAR

1996 INSC 503Dismissed

The appellant, Ram Nath Mahato, was alleged to have participated in a night robbery on a train, during which a passenger was killed and others injured. A witness (PW 6) identified Mahato in a test identification parade conducted by Judicial Magistrate PW 7, but at trial PW 6 refused to recognize …

STATE OF MAHARASHTRAversusMAHBOOB S. ALLIBHOY AND ANR.

1996 INSC 504Dismissed

The State of Maharashtra appealed to the Supreme Court against a Bombay High Court order that dropped contempt proceedings initiated against respondents in a customs refund dispute. The respondents had filed a writ seeking refund of duty, which the Customs Department alleged was obtained on the …

STANDARD GAMES ETC.versusSTATE OF UP. AND ORS. ETC.

1996 INSC 500Dismissed

The appellant installed a coin‑operated video‑game machine that lights up and starts a game when a coin is inserted. The issue before the Court was whether such a machine falls within the definition of "entertainment" under Section 2(g) of the U.P. Entertainment and Betting Act, 1979 and …

RAKESH SINGHA ETC. ETC.versusSTATE OF HIMACHAL PRADESH ETC. ETC.

1996 INSC 496Dismissed

The case arose from a violent incident on 10 May 1978 at a marriage venue in Simla, where a group of youths armed with hockey sticks, iron rods and other weapons attacked the gathering in retaliation for a prior altercation involving a parked jeep. The assault resulted in injuries to several persons …

HARDIAL SINGH AND OTHERSversusSTATE OF PUNJAB

1996 INSC 497Appeal(s) allowed

The appellants Hardial Singh, Uttam Singh and Gurnam Singh were charged with murder, grievous hurt and rioting for firing on members of an informant party who were cultivating land belonging to Khazan Singh. The incident occurred when the accused, armed with guns and rifles, confronted the …

DR. H. MUKHERJEEversusS.K. BHARGAWA

1996 INSC 498Dismissed

Dr. H. Mukherjee, a Central Government employee, filed a civil suit seeking Rs. 2 lakh in damages against his superior, S.K. Bhargava, alleging that the latter deliberately issued vindictive orders and tampered with official records to harass him and block his appointment as Chief Controller. The …

STATE OF RAJASTHAN AND ANR.versusSARVOTAM VEGETABLE PRODUCT ETC. ETC.

1996 INSC 499Appeal(s) allowed

The respondents, dealers in edible oils and stainless steel, made numerous inter‑state sales and furnished C‑forms obtained from their purchasers in their tax assessments. A survey revealed many of these C‑forms to be invalid or spurious, leading the tax authorities to issue notices for additional …

T.R. THANDURversusUNION OF INDIA AND ORS.

1996 INSC 490Disposed off

The petitioner booked a flat in a building constructed on excess vacant land that had been exempted under Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976. The promoter refused to transfer the flat and the land share, citing a Karnataka High Court order based on the Supreme …

DR. HANIRAJ L. CHULANIversusBAR COUNCIL OF MAHARASHTRA AND GOA

1996 INSC 491Dismissed

Dr. Haniraj L. Chulani, a practising surgeon, applied for enrollment as an advocate but was rejected by the Maharashtra and Goa State Bar Council under Rule 1, which bars persons engaged in any other profession from being enrolled. He challenged the rule on grounds of excessive delegation of …

STATE OF U.P. AND ORS.versusDEEP NARAIN TRIPATHI AND ORS.

1996 INSC 492Dismissed

The respondent was appointed as an ad‑hoc lecturer in 1985 at a college affiliated to Purvanchal University (formerly Gorakhpur University) after selection by a committee and approval by the Vice‑Chancellor. The 1991 Uttar Pradesh Higher Education Services Commission (Amendment) Ordinance introduced …

L.M. MAHURKARversusTHE BAR COUNCIL OF MAHARASHTRA AND ANR.

1996 INSC 493Dismissed

L.M. Mahurkar, a sales tax practitioner with only a matriculation qualification, was denied enrollment as an advocate by the Bar Council of Maharashtra after the Advocates Act, 1961 came into force. He claimed that his prior right to appear before the Bombay Sales Tax Authority, exercised under the …

M/S. TARAKNATH AND ANR.versusSUSHIL CHANDRA DEY BY LRS. AND ORS.

1996 INSC 495Appeal(s) allowed

The property of the late Syed Md. Mahibullah passed to his widow, five daughters and five sons. After the widow's death, the five sisters relinquished their shares in favour of their five brothers, an oral gift that the Supreme Court held to be valid under Muslim personal law with constructive …

MADHU KISHWAR AND ORS. ETC.versusSTATE OF BIHAR AND ORS.

1996 INSC 489Disposed off

The petitioners, tribal women from Bihar, challenged Sections 7, 8 and 76 of the Chota Nagpur Tenancy Act, 1908 as discriminatory against women and violative of Articles 14, 15 and 21 of the Constitution. The Court examined whether the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 …

COMMON CAUSE-A REGISTERED SOCIETYversusUNION OF INDIA & ORS.

1996 INSC 487Case Allowed

The Supreme Court entertained a public‑interest writ filed by Common Cause seeking enforcement of statutory provisions that require political parties to disclose their sources of funding and maintain audited accounts. The Court examined the obligations under Section 293A of the Companies Act, 1956, …

MAHE BEACH TRADING COMPANY AND ETC.versusUNION TERRITORY OF PONDICHERRY AND ORS.

1996 INSC 485Dismissed

The appellants, dealers in petrol and diesel in Mahe, challenged the levy of a municipal tax on fuel and the subsequent Pondicherry Municipal Decree (Levy and Validation of Taxes, Duties, Cesses and Fees) Act, 1973. The High Court had struck down the original levy and later upheld the Validation Act …

STATE BANK OF INDIA STAFF ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.

1996 INSC 479Dismissed

The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the …

GHULAM DIN BUCH ETC. ETC.versusSTATE OF JAMMU AND KASHMIR

1996 INSC 480Disposed off

The case concerned the alleged conspiracy by senior officials of the Jammu & Kashmir Power Department to award transport contracts for bamboo poles at inflated per‑kilometre‑per‑pole rates, causing wrongful loss to the State. The prosecution proved that the officials deliberately selected …

COMMISSIONER OF WEALTH TAX, LUCKNOWversusRAJA VISHWANATH PRATAP SINGH

1996 INSC 481Appeal(s) allowed

The appellant, Commissioner of Wealth Tax, challenged the High Court's order that allowed a deduction of a Rs 30 lakh decree amount as a debt owed by the assessee, Raja Vishwanath Pratap Singh, under the Wealth Tax Act. The decree arose from his father's debts under the U.P. Encumbered Estates Act; …

DR. SMT. SHIPRAversusSHANTI LAL KHOIWAL

1996 INSC 477Dismissed

Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A …

MUNICIPAL CORPORATION OF DELHIversusKAMLA DEVI AND ANR.

1996 INSC 483Appeal(s) allowed

The Municipal Corporation of Delhi assessed a Delhi building owned by Kamla Devi for property tax, which she appealed before the District Judge. While the appeal was pending, she filed a suit in the Ghaziabad Civil Court seeking a declaration that the assessment order was illegal and an injunction …

COMMISSIONER OF INCOME TAX, BANGALOREversusSMT. R. SHARADAMMA

1996 INSC 484Appeal(s) allowed

The case concerned penalty proceedings for the assessment year 1972-73 that had been referred to the Inspecting Assistant Commissioner (IAC) under Section 271(1)(c) and Section 274(2) of the Income Tax Act. The Taxation Laws (Amendment) Act, 1975 deleted sub‑section (2) of Section 274 with effect …

STATE OF U.P.versusAMEER ALI

1996 INSC 478Appeal(s) allowed

The deceased wife was attacked by her husband, who beat her, poured kerosine on her and set her on fire. She gave two dying declarations, one to an Executive Magistrate on the day of the incident and another to a Sub‑Inspector the following day, both describing the accused's actions. At trial, the …

NARASINGH PATNAIKversusSTATE OF ORISSA

1996 INSC 467Appeal(s) allowed

N. Patnaik, a senior engineer in the Orissa Irrigation Department, was compulsorily retired in 1986 under Rule 71(a) of the Orissa Service Code on the recommendation of a Review Committee that cited adverse entries in his confidential reports and several pending investigations. Patnaik challenged …

H.P.M.C.versusSHRI SUMAN BEHARI SHARMA

1996 INSC 468Appeal(s) allowed

The employee of Himachal Pradesh Horticultural Produce Marketing & Processing Corporation Ltd. (HPMC) applied for long leave and subsequently requested voluntary retirement effective 30 November 1990, seeking a waiver of the three‑month notice period. He failed to report for duty from 1 December …

MILLS DOUGLAS MICHAEL AND OTHERSversusUNION OF INDIA AND OTHERS

1996 INSC 469Appeal(s) allowed

The Supreme Court examined two appeals concerning the recruitment of Inspectors of Central Excise and Income‑Tax. The advertisement required a university degree by 1 August 1992, but allowed ex‑servicemen who were not graduates to be deemed graduates upon completing 15 years of service in the Armed …

HUKAM CHAND AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.

1996 INSC 471Dismissed

The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not …

SUSHILA DEVI ETC.versusSTATE OF HARYANA AND ANR.

1996 INSC 473Disposed off

The case concerned the appointment of 230 supervisor posts in Haryana, of which a portion were reserved for Scheduled Castes, Backward Classes, and Ex‑Servicemen. After the Subordinate Services Selection Board finalized the reservation, 136 general‑category candidates obtained stay orders and were …

ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR.versusSTATE OF U.P. AND ORS.

1996 INSC 475Dismissed

The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. …

NAMBURI BASAVA SUBRAHMANYAMversusALAPATI HYMAVATHI AND ORS.

1996 INSC 476Appeal(s) allowed

The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of …

GIRISH YADAV AND ORS. ETC.versusSTATE OF MADHYA PRADESH

1996 INSC 460Dismissed

The accused were convicted of murder under Sections 302, 148 and 149 of the IPC for chasing and assaulting the deceased, an act witnessed by three eye‑witnesses. The appellants challenged the conviction on several grounds, chiefly that the First Information Report (FIR) was not promptly lodged, that …

T. VENKATA NARAYANA AND ORS,versusSMT. VENKATA SUBBAMMA (DEAD) AND ORS.

1996 INSC 461Appeal(s) allowed

In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in …

D. S. THIMMAPPAversusSIDDARAMAKKA

1996 INSC 462Dismissed

Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered …

MOHSIN UNISSAversusTAMIL NADU PUBLIC SERVICE COMMISSION

1996 INSC 463Appeal(s) allowed

The appellant, a temporary employee of the Tamil Nadu Public Service Commission in 1975‑76, was later regularised as a Junior Assistant in the Finance Department in August 1990, subject to passing a Tamil language test. She had passed the test in 1977 while serving temporarily, but was required to …

M.P. CHANDORIAversusSTATE OF M.P. AND ORS.

1996 INSC 464Dismissed

The appellant, a direct recruit Deputy Collector in Madhya Pradesh, joined service on 15‑02‑1967 and was placed on probation. He passed the prescribed departmental test on 27‑06‑1972 and was confirmed on 13‑03‑1973. He claimed that his seniority should be backdated to his date of joining, but the …

SATYA NARAIN PAREEKversusSTATE OF RAJASTHAN AND ANR.

1996 INSC 465Dismissed

The appellant, a permanent Lower Division Clerk in the Technical Education Department of Rajasthan, was deputed to a tenure post in the Transport Department and later repatriated to his parent department. He challenged the repatriation, alleging that his lien in the parent department had been …

UNION OF LNDIA AND ORS.versusDHARMA PAL AND ORS. ETC.

1996 INSC 466Disposed off

The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City …

COMMISSIONER OF INCOME TAX, MADRASversusGEMINI PICTURES CIRCUIT PVT. LTD.

1996 INSC 456Appeal(s) allowed

The Supreme Court examined whether a parcel of land situated on Mount Road, Madras, which had been used for raising bananas and vegetables, qualified as "agricultural land" under the Income Tax Act, 1961 and thus could be exempt from capital gains tax. The assessee argued that the land was …

PATTU LALversusSTATE OF PUNJAB

1996 INSC 457Dismissed

Pattu Lal was convicted of murdering his wife Chameli Devi under Section 302 IPC. The prosecution’s case rested on the deposition of the investigating officer that the son, Bishan Dial, lodged the FIR and produced his father with blood‑stained clothes and the weapon (toka) at the police station. …

SH. O.K. UDAYASANKARAN AND ORS. ETCversusUNION OF INDIA AND ORS. ETC.

1996 INSC 454Dismissed

The case concerned ex‑servicemen re‑employed by the Life Insurance Corporation (LIC) of India who were appointed after 1 January 1988. LIC had issued instructions on 2 June 1989 prescribing how their salaries should be fixed, including a notional fitment provision in paragraph 3.8 that was intended …

RAMANAND PRASAD SINGH AND ANR ETC.versusUNION OF INDIA & ORS. ETC.

1996 INSC 455Appeal(s) allowed

A Selection Committee was constituted to select officers of the Bihar Administrative Service for promotion to the Indian Administrative Service. The Committee considered 264 officers, including those above the age of 54 under the provisos of Regulation 5(3), and prepared a list of 51 suitable …

STATE BANK OF PATIALA AND ORS.versusS.K. SHARMA

1996 INSC 459Appeal(s) allowed

The respondent, S.K. Sharma, a bank manager, was charged with temporary misappropriation of a loan amount and was removed from service after a departmental enquiry. The enquiry officer relied on statements of witnesses, but the respondent was not supplied copies of those statements nor of certain …

STATE OF U.P.versusSMT. NOORIE @ NOOR JAHAN AND ORS.

1996 INSC 448Appeal(s) allowed

The State of U.P. prosecuted four accused, including Smt. Noorie, under IPC sections 147, 148, 302/149 and 201/511 for the murder of Ram Bharosey (Bachan Shah). The prosecution relied on three eye‑witnesses (PW‑1, PW‑2 and PW‑3) who testified that the accused assaulted the victim with knives and …

UNION OF INDIA AND ANR.versusM/S. JESUS SALES CORPORATION

1996 INSC 449Appeal(s) allowed

The respondent, Mis. Jesus Sales Corporation, was licensed to import brass scrap under a duty‑exemption scheme and was required to export a specified quantity. A show‑cause notice under Section 4‑M of the Imports and Exports (Control) Act, 1947 led to a penalty of Rs 6 lakh. The respondent appealed …

EXECUTIVE OFFICER ETC. ETC.versusE. TIRUPALU AND ORS. ETC. ETC.

1996 INSC 450Appeal(s) allowed

The Tirumala Tirupati Devasthanams (TTD) recruited attenders for 297 vacancies in 1991, considering 2,944 candidates from the Employment Exchange and 193 inmates/ex‑inmates of the Shri Venkateshwara Balamandir. After written tests and interviews, 53 of the 193 inmates/ex‑inmates were selected; the …

PRASANNA KUMAR ROY KARMAKARversusSTATE OF WEST BENGAL AND ORS.

1996 INSC 451Disposed off

A landlord and tenant dispute was taken to an executive magistrate under Section 144 of the CrPC, after which the landlord filed a writ petition under Article 226 of the Constitution in the High Court. The High Court, without notice or hearing, ordered the police to ensure the landlord’s ingress and …

R. PUTHUNAINAR ALIHITHAN ETC.versusP.H. PANDIAN AND ORS.

1996 INSC 447Dismissed

In the 1991 Tamil Nadu Legislative Assembly election for the Chennaimahadevi constituency, the returned candidate (appellant) filed an election expense return showing Rs 36,350, admitting use of one vehicle (TN‑72‑1909) with Rs 15,875 expense but also acknowledging a second vehicle (TN‑555) whose …

PREETAMversusSTATE OF MADHYA PRADESH

1996 INSC 453Appeal(s) allowed

Preetam and his brother Ishwar Lal were tried for the murder of Chhita. The trial court acquitted both, but the State appealed. The High Court set aside Preetam’s acquittal, relying on a confession recorded by a magistrate and on property recoveries allegedly made pursuant to that confession, while …

M/S. UNITED COPIEX (INDIA) PVT. LTD.versusCOMMISSIONER OF SALES TAX

1996 INSC 435Appeal(s) allowed

The appellants, manufacturers of rubber flaps used to protect tyre tubes, were taxed under sub‑entry (2) of Entry 43 of the Uttar Pradesh Sales Tax Act, 1948 as accessories of motor vehicles. They contended that the flaps were not accessories of a motor vehicle but only of tyres or tubes and should …

DILWAN SINGH AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS ETC. ETC.

1996 INSC 436Appeal(s) allowed

The Supreme Court examined an appeal by ex‑servicemen challenging the State of Haryana's recruitment policy that required the selection board to consider ex‑servicemen and their dependent children together for posts reserved for ex‑servicemen. The appellants argued that the policy undermined the …

MAJOR RADHA KRISHANversusUNION OF INDIA AND ORS.

1996 INSC 437Appeal(s) allowed

The appellant, a Major in the Indian Army, was served a notice under Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954, proposing termination of his service for misconduct alleged to have occurred about seven years earlier. The notice claimed that a court‑martial trial was …

UNION OF INDIAversusPALIWAL ELECTRICALS (P) LTD. AND ANR.

1996 INSC 438Appeal(s) allowed

The Union of India appealed a decision of the Allahabad High Court that struck down paragraph 7 of Central Excise Notification No. 175 of 1986, which excluded from exemption any small‑scale manufacturer that affixed the brand or trade name of a person not eligible for the exemption. The Court …

BALBIR SINGH NEG!versusUNION OF INDIA & ORS.

1996 INSC 439Dismissed

Balbir Singh Neg, after completing 33 years of service, filed an application for voluntary retirement under Rule 48‑A of the Civil Services (Pension) Rules, 1972, which was accepted to take effect on 30 June 1991. He later sought to withdraw the application before it became effective, but the …

PILLA SITARAM PATRUDU AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 440Dismissed

The case concerned K.R. Ramanandan, a direct recruit selected in 1977 as Assistant Executive Engineer but appointed only in 1981 due to administrative delays. After passing his test, he was not considered for promotion to Executive Engineer, prompting an appeal before the Central Administrative …

UNION OF INDIA AND ANR. ETC.versusLAXMAN GAJANAN DESAI AND ANR. ETC.

1996 INSC 441Disposed off

The Union of India appealed against the renewal of a salt‑pan licence granted to the respondents, Laxman Gajanan Desai and others, on the ground that title to the land was still in dispute. The Bombay High Court had directed that the licence could be renewed without the respondents conceding title, …

STATE OF KARNATAKA AND ORSversusKRISHNOJI REO AND ANR.

1996 INSC 442Appeal(s) allowed

The State of Karnataka appealed a High Court order that had directed the grant of 201 acres 34 guntas of waste land to the respondents, Krishnoji Reo and Anr., for grazing and afforestation under the Bombay Paragana and Kulkarni Watan (Abolition) Act, 1950. The land had earlier been allotted by the …

JAGBIR SINGHversusSTATE OF HARYANA AND ORS .

1996 INSC 443Appeal(s) allowed

The appellant, recruited as a Constable in the Haryana Police under the sports quota, was promoted to Head Constable in 1984 and confirmed in 1987. He later received a show‑cause notice for de‑confirmation and was promoted on an ad‑hoc basis to Assistant Sub‑Inspector in 1990. While undergoing …

TARLOK SINGHversusVIJAY KUMAR SABHARWAL

1996 INSC 444Appeal(s) allowed

The appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, …

BHARMAPPA NEMANNA KAWALE AND ANR.versusDHODI BHIMA PATIL AND ORS.

1996 INSC 446Appeal(s) allowed

The civil court had decreed an eviction suit against the appellant, holding that he was not a tenant, and the decree became final. During execution, the appellant raised a fresh objection that there was no jural relationship because he claimed to be a tenant. The Bombay High Court, in Writ Petition …

THE GOVT. OF ANDHRA PRADESHversusH.E.H., THE NIZAM, HYDERABAD.

1996 INSC 426Appeal(s) allowed

The Government of Andhra Pradesh appealed a judgment that had awarded compensation for urban land of the Nizam acquired under the Land Acquisition Act, 1894. The land lay within the Hyderabad Urban Agglomeration and had been declared excess under the Urban Land Ceiling and Regulation Act, 1976, …

MOHD. ASLAMversusUNION OF INDIA AND ORS.

1996 INSC 424Dismissed

Mohd. Aslam filed a writ petition under Article 32 seeking reconsideration of the Supreme Court's judgment in Manohar Joshi v. Nitin Bhaurao Patil, alleging it was incorrect. The Court held that Article 32 cannot be invoked to challenge the correctness of a decision on its merits or to obtain its …

UNION OF INDIA AND ORS.versusMAJOR GENERAL MADAN LAL YADAV (RETD.)

1996 INSC 425Appeal(s) allowed

Major General Madan Lal Yadav, a retired officer, was charged under Section 123 of the Army Act, 1950 for dereliction of duty in local purchases. After his retirement on 31 August 1986, he was kept under open arrest and a charge‑sheet was issued. A General Court‑Martial (GCM) was convened on 25 …

THE STATE OF BIHAR AND ORS. ETC.versusSAMSUZ ZOHA ETC.

1996 INSC 427Appeal(s) allowed

The Supreme Court examined the Bihar Government's policy of appointing dependents of deceased employees on compassionate grounds to Class IV posts, while reserving Class III posts for promotion. Several candidates appointed to Class IV filed writ petitions seeking promotion or fresh appointment to …

K. JAYADEVAN NAIRversusKRISHNA PILLAI (DEAD) AND ORS.

1996 INSC 428Appeal(s) allowed

In this appeal, the appellant, a member of a Hindu undivided family, claimed that he was in possession of the entire family property based on a family arrangement dating from 1977. The respondents contended that the property was self‑acquired by their father and therefore not subject to partition, …

THE FINANCIAL COMMISSIONER (TAXATION) PUNJAB AND ORS.versusHARBHAJAN SINGH

1996 INSC 429Appeal(s) allowed

The respondent, a displaced person, obtained a land assignment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, through fraud and collusion with revenue officials. The Settlement Officer initially granted the assignment, later set it aside upon discovering the fraud. The …

BASHIR AHMAD AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 430Dismissed

The appellants, originally employed as cleaners and later promoted to drivers in the Punjab Poultry Department, were retrenched as surplus. When the government announced direct recruitment for drivers, they applied but were rejected for lacking the prescribed qualifications of a light‑vehicle …

STATE OF PUNJAB AND ORS.versusSURJIT SINGH CONDUCTOR

1996 INSC 431Appeal(s) allowed

The State of Punjab and others instituted disciplinary proceedings against Surjit Singh, a railway conductor, for failing to issue tickets. A charge‑sheet was filed, and although the Enquiry Officer found misconduct, the disciplinary authority disagreed with the report, held the charges proved and …

SMT. GOWRAMMA ETC.versusLAO-CUM-MANDAL REVENUE OFFICER PARTI RANGAREDDY DISTRICT

1996 INSC 433Case Partly allowed

The Supreme Court examined compensation for land acquired under the Land Acquisition Act, 1894 where possession was taken in 1986 and an award was made in 1990. The High Court had relied on a prior judgment (Ex A‑2) to fix compensation at Rs 22 per square yard after adjusting for time lag, …

SMT. GIAN KAUR ETC. ETC.versusTHE STATE OF PUNJAB ETC. ETC.

1996 INSC 418Disposed off

Gian Kaur and her husband were convicted under Section 306 of the IPC for abetting the suicide of Kulwant Kaur. They appealed, arguing that Section 306 (and Section 309) were unconstitutional because Article 21 of the Constitution includes a "right to die", as held in P. Rathinam. The Supreme Court, …

STATE OF ANDHRA PRADESH AND ORS. ETC.versusMC. DOWELL & CO. AND ORS. ETC.

1996 INSC 419Disposed off

The State of Andhra Pradesh enacted the Prohibition Act, 1995 and later amended it to prohibit the manufacture of intoxicating liquor. Several liquor manufacturers challenged the amendment, arguing that the State lacked competence under Entry 8 of List II because the Industries (Development and …

TAHIRversusSTATE (DELHI)

1996 INSC 420Dismissed

The appellant, Tahir, was arrested during a communal riot in Delhi while brandishing a country‑made pistol. The pistol was seized, and because the arrest occurred in an area notified under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), he was charged under section 5 of TADA …

LAND ACQUISITION OFFICER, HYDERABAD ETC.versusMALE PULLAMMA AND ORS. ETC.

1996 INSC 421Dismissed

The Supreme Court examined an appeal concerning the acquisition of 89 acres of agricultural land in Siddanti village, Andhra Pradesh, under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer and lower courts had progressively increased compensation, with the High Court …

KARNAL IMPROVEMENT TRUSTversusRAM PARKASH AND ORS.

1996 INSC 422Disposed off

The case arose from a land acquisition proceeding under the Land Acquisition Act, 1894 where the compensation award made by the Tribunal was challenged. The award had been passed by the President of the Tribunal without the participation of the other members, rendering it illegal and non est. While …

STATE OF WEST BENGAL AND ORS.versusTROPICAL SCHOOL EMPLOYEES UNION AND ORS.

1996 INSC 423Appeal(s) allowed

The Carmichael Institute for Tropical Diseases, taken over by the West Bengal Government in 1971, created separate cadres for non‑medical technical staff (Group C) and class‑IV staff (Group D). The Government, following the Second Pay Commission, granted UGC pay scales only to non‑gazetted teaching …

RAKESH KUMAR SINGHversusTHE COMMITTEE OF MANAGEMENT, RAIBARALI

1996 INSC 416Dismissed

The appellant, a lecturer appointed on probation, was terminated after a performance report and a management resolution, with prior approval from the District Inspector under the U.P. Intermediate Education Act, 1921. The Deputy Director held the termination invalid because Regulation 25, framed …

THE STATE OF UTTAR PRADESH AND ANR.versusM/S. HINDUSTAN SAFETY GLASS WORKS (P) LTD.

1996 INSC 417Dismissed

The Uttar Pradesh Government issued a Gazette notification under Section 4‑A of the U.P. Sales Tax Act, 1948, granting a three‑year sales‑tax exemption to certain newly set‑up industrial units for specified goods. Hindustan Safety Glass Works (P) Ltd claimed that, under the pre‑amendment provision …

BODDULA KRISHNAIAH AND ANR.versusSTATE ELECTION COMMISSIONER, A.P. AND ORS.

1996 INSC 414Appeal(s) allowed

The dispute arose from the Gram Panchayat elections in Nalgonda district, Andhra Pradesh, where the names of about 94 persons were deleted from the draft electoral roll. The affected persons filed a writ petition seeking to be allowed to vote. The High Court initially ordered that they could …

WELFARE ASSOCIATION, SECTOR 7, URBAN ESTATE, FARIDABADversusRAJIV KAPOOR AND ORS.

1996 INSC 415Disposed off

The Welfare Association filed a civil suit seeking a perpetual injunction to prevent the conversion of a designated green belt in Sector 7, Faridabad, into a petrol pump operated by Rajiv Kapoor and others. The trial court initially granted an ad‑interim injunction, later vacated it, but on revision …

LAXMIKANT AND ORS.versusSATYAWAN AND ORS.

1996 INSC 409Appeal(s) allowed

The appellants, who had acquired a lease of a plot from the Nagpur Improvement Trust, failed to commence and complete construction within the time limits stipulated in the lease, leading to cancellation of the allotment. The Trust put the plot up for auction; the respondent was the highest bidder up …

BAIJ NATH AND ORS.versusTHE STATE OF PUNJAB AND ANR.

1996 INSC 410Appeal(s) allowed

The appellants, teachers in Punjab high schools, obtained post‑graduate degrees and claimed entitlement to the higher pay scale designated for lecturers, relying on Government letters dated 23 July 1957 and 20 September 1979. The Punjab & Haryana High Court rejected their claim, holding that the …

SH. A.S. NARAYANA DEEKSHJTULU ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 411Dismissed

The Supreme Court examined the constitutionality of Sections 34, 35, 36, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which abolished hereditary rights of archakas, mirasidars, gamekars and other temple office‑holders. The petitioners, …

IMPERIAL CHIT FUNDS (P) LTD.versusINCOME TAX OFFICER, ERNAKULAM

1996 INSC 412Dismissed

Imperial Chit Funds Ltd., a company in liquidation, was served with a tax demand of Rs.1,027 by the Income Tax Officer after winding‑up proceedings had begun. The Official Liquidator argued that the tax claim could not be enforced until the claim was proved in the winding‑up process, invoking the …

UNION OF INDIA AND ORS. ETC.versusM/S. BANGALORE WIRE RED MILLS ETC.

1996 INSC 413Dismissed

M/s Bangalore Wire Red Mills imported a high reversible mill in 1982 and warehoused it without paying duty, executing a bond under Section 59(1) of the Customs Act, 1962. A notice dated 7 March 1985 required clearance within fifteen days, but the goods were only cleared on 9 September 1988, at which …

STATE OF BIHAR AND ANR.versusRANCHI ZILA SAMTA PARTY AND ANR.

1996 INSC 407Disposed off

A massive fraud involving approximately Rs. 500 crore was uncovered in Bihar's Animal Husbandry, Education, Cooperation and Fisheries Departments, prompting the Patna High Court to order a Central Bureau of Investigation (CBI) probe under Article 226 of the Constitution, without the State …

LUDHIANA IMPROVEMENT TRUSTversusBRIJESHWAR SINGH CHHAL AND ANR. ETC.

1996 INSC 408Appeal(s) allowed

The Ludhiana Improvement Trust appealed against a High Court order that awarded a uniform compensation of Rs. 107 per square yard for 13 acres of land acquired for commercial‑residential purposes, rejecting the belting system used by the Land Acquisition Officer who had classified portions of the …

NAGAR MAHAPALIKA, MEERUTversusM/S. PREM NATH MONGA BOTTLERS PVT. LTD. AND ANR.

1996 INSC 401Dismissed

The Meerut Municipal Corporation attempted to levy octroi on empty glass bottles of the aerated drink "Double Seven" that were brought into the municipal area for refilling. The bottling company contended that the bottles were exempt under Entry 13 of the 1975 Notification, which exempts "mineral …

DR. G.N. KHAJURIA AND ORS.versusD.D.A. AND ORS.

1996 INSC 403IA disposed

The petitioners, Dr. G.N. Khajuria and others, challenged the continued occupation of a school built on land originally earmarked for a park by the Delhi Development Authority (DDA). The Supreme Court had directed the dismantling and vacation of the school, but the DDA sought to delay compliance. …

TELECOM DISTRICT MANAGER, GOA AND ORS.versusV.S. DEMPO & CO. AND ORS.

1996 INSC 404Dismissed

The case concerned two telephone billing disputes (Rs. 99,196 and Rs. 71,280) between the telecom authority and V.S. Dempo & Co. The Union of India argued that, under its administrative instructions, a subscriber must first obtain a court direction before the dispute can be referred to an arbitrator …

STATE OF ORISSAversusDIVISIONAL MANAGER, LIC AND ANR.

1996 INSC 405Appeal(s) allowed

Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the …

DIRECTOR GENERAL OF POLICE AND ORS.versusMRITYUNJOY SARKAR AND ORS.

1996 INSC 406Appeal(s) allowed

The respondents were appointed as constables in the State Armed Police in April 1985 based on a list supplied by the Katwa Employment Exchange. The Labour Commissioner later declared that the list was fabricated and directed the authorities to take action, leading to the respondents' discharge …

HAV BHAGAT SINGH, ETC.versusSTATE OF HARYANA AND ANR. ETC.

1996 INSC 387Dismissed

H.B. Singh, who served in the Indian Army from 1959 to 1976 and later joined the Haryana State Government in 1978, challenged a 1976 amendment to the Punjab National Emergency (Concession) Rules, 1965 that narrowed the definition of "Military Service" to only those who enlisted during the 1962 …

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusK.V. SAKEENA & ORS. ETC.

1996 INSC 390

A bus operated by the Karnataka State Road Transport Corporation collided at night with a truck trailer carrying a heavy rear dumper that protruded one and a half feet beyond the trailer's sides. The bus driver was speeding, while the truck driver was moving slowly, but the dumper was not marked …

GAYATRILAXMI BAPURAO NAGPUREversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 392Appeal(s) allowed

Gayatrilaxmi Bapurau Nagpure, a medical course aspirant, claimed membership in the Halba Scheduled Tribe and applied to the Scheduled Tribe Caste Certificate Scrutiny Committee for a caste certificate. She submitted 17 documents, including school certificates, caste certificates of her father, and a …

V.M. GADREversusM.G. DIWAN

1996 INSC 389

The petitioners, former employees of the Oriental Government Security Life Assurance Company, sought a revision of their pension and dearness allowance under the Oriental Pension Fund now managed by LIC, arguing that the existing minimum pension of Rs.375 was inadequate. LIC contended that the …

STATE OF GOA AND ANR.versusSMT. S.A. ABDUL KARIM ETC. ETC.

1996 INSC 393Appeal(s) allowed

The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After …

MASIPATLA RAGHAVULUversusTHE REVENUE DIVISIONAL OFFICER, LAO, PEDDAPALLI

1996 INSC 394Appeal(s) allowed

The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision …

M. RAMJAYARAMversusGENERAL MANAGER, SOUTH CENTRAL RAILWAY AND ORS.

1996 INSC 395Appeal(s) allowed

M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total …

SEETHAMMALversusSENTHIL FINANCE AND ANR.

1996 INSC 396Appeal(s) allowed

In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the …

SMT. BASAVVA AND ORS. ETC.versusTHE SPL. LAND ACQUISITION OFFICER, AND ORS.

1996 INSC 397Dismissed

The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% …

V.G. KULKARNIversusTHE SPL. LAND ACQUISITION OFFICER

1996 INSC 399Dismissed

The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the …

ISHWARLAL PREMCHAND SHAH AND ORS.versusSTATE OF GUJARAT AND ORS.

1996 INSC 400Dismissed

The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of …

DR. B.P. YADAV AND ANR.versusDR. RATNESHWAR PRASAD SINGH AND ORS.

1996 INSC 386Dismissed

The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their …

SH. MOHD. AYUB KHANversusPROF. BHIM SINGH AND ORS.

1996 INSC 382Dismissed

The Election Commission issued a notification for a bye‑election to the Udhampur Parliamentary Constituency and, after a reference by the Returning Officer, directed a repoll at certain polling stations, which was carried out. The election result was challenged before an election petition, and the …

HOOKIYAR SINGH ETC. ETC.versusSPECIAL LAND ACQUISITION OFFICER, MORADABAD AND ANR.

1996 INSC 383Disposed off

The case concerned acquisition of 171.46 acres of agricultural land in Moradabad for UPSIDC. The Land Acquisition Officer initially fixed compensation at Rs 15,500 per acre, which was later increased by the District Court to Rs 40,000 and by the High Court to Rs 50,000 per acre based on sale deeds …

SH. A. CHINNAPPAversusSH V. VENKATAMUNI AND ORS.

1996 INSC 384Dismissed

Sh. A. Chinnappa contested the Bethamangala Assembly seat in Karnataka, which was reserved for Scheduled Castes, claiming he belonged to the Mundala caste listed in the Presidential notification under Article 341. The Karnataka High Court held that he actually belonged to the Mondy/Mondigaru caste, …

Y. H. PAWARversusSTATE OF KARNATAKA AND ANR.

1996 INSC 385Dismissed

Y.H. Pawar was appointed as a Class III employee on an ad‑hoc basis on 22 March 1960 after being called from the Employment Exchange. When the Ministerial Recruitment Rules were later framed, he was regularised on 6 May 1968 with seniority from the date of selection under the new rules. Pawar …

NEW BANK OF INDIA EMPLOYEES UNION AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 376Dismissed

The New Bank of India, a loss‑making nationalised bank, was merged with Punjab National Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. The Central Government, in consultation with the Reserve Bank of India, framed a Placement Scheme to determine the inter‑se …

GOPALAN KRISHNAN KUTTYversusKUNJAMMA PILLAI SAROJINI AMMA & ORS.

1996 INSC 375Appeal(s) allowed

The appellant, a lessee of a shop, was granted a mortgage by the lessor in his favour on 18 July 1974 for Rs.13,000. After the mortgage period expired, the lessor filed a suit for redemption of the mortgage and recovery of possession. The trial court granted a preliminary decree for redemption and …

STATE BANK OF PATIALA, PATIALAversusTHE COMMISSIONER OF INCOME-TAX, PATIALA

1996 INSC 377Appeal(s) allowed

The State Bank of Patiala had, in several assessment years, transferred sums to a "bad and doubtful debts" account and claimed that these amounts were "reserves" under the Companies (Profits) Surtax Act, 1964, thereby eligible for statutory deduction. The Income Tax Officer rejected the claim, but …

COMMISSIONER OF INCOME TAX, SHILLONGversusJAI PRAKASH SINGH

1996 INSC 378Appeal(s) allowed

The deceased B.N. Singh had not filed income‑tax returns for three assessment years and died leaving ten legal representatives. His eldest son, Jai Prakash Singh, filed the returns and the Income Tax Officer issued notices under sections 142(1) and 143(2) only to him, not to the other nine …

RAGHUBIR SINGH AND ORS. ETC.versusSTATE OF PUNJAB ETC.

1996 INSC 379Dismissed

The Supreme Court examined the murder of Balwant Singh and the assault on Santokh Singh (PW‑6) by five accused who formed an unlawful assembly armed with weapons. The trial court had convicted all five under Section 148 IPC for the assault, while Raghubir Singh and Joginder Singh were also convicted …

RAM JANAMversusRADHAKRISHNA CHAUBE AND ORS.

1996 INSC 380Appeal(s) allowed

Ramjanam filed a suit under Sections 59 and 61 of the Uttar Pradesh Tenancy Act, 1939, claiming hereditary tenancy rights after possessing the land for more than 50 years. The trial court and the appellate court held that he was a tenant and had acquired title by adverse possession, but the …

JAGDJSH NARAIN AND ANR.versusSTATE OF U.P.

1996 INSC 363Dismissed

Five persons, including Jagdish Narain and his two sons, were tried for rioting and the murder of Jitendra Nath after allegedly ambushing him and firing shots. The trial court acquitted them, citing contradictions between eye‑witness statements and their earlier statements under Section 161 CrPC and …

NAVNEET RAJAN WASANversusUNION OF INDIA & ORS .

1996 INSC 364Appeal(s) allowed

Navneet Rajan Wasan, an IPS officer of the Andhra Pradesh cadre, was denied promotion to the senior scale on the ground that he had not passed the language test. He obtained a direction from the Central Administrative Tribunal ordering the Government to consider him for promotion. When the …

M. VENKATESWARLU ETC.versusTHE GOVERNMENT ANDHRA PRADESH AND ORS. ETC.

1996 INSC 365Appeal(s) allowed

M. Venkat... (appellant), a Scheduled Caste employee in the Andhra Pradesh Revenue establishment, was promoted ad‑hoc as Deputy Tehsildar in 1984 but fell short of the service‑length requirements for regular promotion. He sought relief under Rule 47 of the Andhra Pradesh State and Subordinate …

SMT. ANURADHA MUKHERJEE AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.

1996 INSC 366Disposed off

The case concerned a group of graduate clerks (Grade II) who were promoted to Grade I in the Indian Railways after a restructuring of the clerical cadres. The Railway Board had issued several letters prescribing that 20% of Grade I vacancies be filled by direct recruitment and the remainder by …

MOHANversusSMT. ANANDI AND ORS.

1996 INSC 367Dismissed

Mohan (appellant) claimed title to a property he had purchased from Bhiwa, who had earlier gifted the same land to the respondents. The respondents filed suit for declaration of title and possession. The trial court allowed attachment of the property, but the appellant challenged this in a separate …

COLLECTOR OF CENTRAL EXCISE, NEW DELHIversusLOUIS SHOPPE AND ANR.

1996 INSC 368Disposed off

The Collector of Central Excise appealed against the classification of wooden furniture by Louis Shoppe as "handicrafts" under Excise Notification No. 76 of 1986. The Central Excise and Customs Appellate Tribunal had held the furniture to be handicrafts, a view the Supreme Court found inconsistent …

SH. BAKSHISH SINGH (DEAD) BY LRS.versusARJAN SINGH AND ORS.

1996 INSC 369Dismissed

A suit for dissolution of a partnership and rendition of accounts was filed by one partner against the other partners of the Modern Ice Factory. The trial court dismissed the suit, and the first appeal was also dismissed. While the second appeal was pending, two of the partners died and their legal …

GURNAM SINGH AND ORS.versusTHE SUB-DIVISIONAL OFFICER (CIVIL), KAITHAL AND ORS.

1996 INSC 370Dismissed

The appellants had occupied certain Shamlat Deh lands as tenants for about twenty years before 1975, after which their lease expired and no new lease was granted. The lands are vested in the Gram Panchayat. The Assistant Collector, invoking Section 7 of the Punjab Common Lands (Regulation) Act, 1961 …

SMT. AMBEY DEVIversusSTATE OF BIHAR AND ANR.

1996 INSC 371Dismissed

The State of Bihar acquired 25 acres of land under the Land Acquisition Act, 1894 and awarded compensation equally to four co‑owners, each receiving a one‑fourth share. One co‑owner filed a reference under Section 18 of the Act, leading the civil court to enhance his compensation. The appellant, …

RAM PIARI AND ANR. ETC.versusLAND ACQUISITION COLLECTOR, SOLAN AND ORS. ETC.

1996 INSC 372Disposed off

The Supreme Court examined appeals by landowners against a Himachal Pradesh High Court order that reduced compensation for lands acquired under the Land Acquisition Act, 1894. The Collector had originally offered compensation of Rs 14,195 per bigha for Kuhal land and Rs 9,425 per bigha for Katuhal …

A. MAHUDESWARAN AND ORS.versusGOVERNMENT OF TAMIL NADU AND ORS.

1996 INSC 373Appeal(s) allowed

After the abolition of the Village Officer post in 1982, about 2,000 Section Writers were trained and appointed as Surveyor‑cum‑Draftsman in the Survey and Settlement Department on a contract basis, later regularised with regular pay‑scales and promotions. The Government later issued a clarification …

M/S. AVTAR SINGH & CO. PVT. LTD.versusM/S. S.S. ENTERPRISES AND ORS.

1996 INSC 354Disposed off

The parties were involved in two distribution agreements for the film 'Aag Ka Dariya', one dated 28 February 1985 with R. Venkatraman and a later one dated 7 October 1993 with M/s. Avtar Singh & Co. Pvt. Ltd. Three suits arose: a Bombay suit by Venkatraman seeking cancellation of the 1985 agreement, …

UNION OF INDIA AND ORS.versusJASWANT RAI KOCHHAR AND ORS.

1996 INSC 355Appeal(s) allowed

The Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a housing scheme. The government later intended to use the land for a District Centre, a commercial purpose, and the High Court quashed the notification on the ground that the change of …

DURGA PRASADversusNAVEEN CHANDRA AND ORS.

1996 INSC 356Dismissed

The respondent filed a suit for specific performance which culminated in a decree on 14 January 1994. Respondent No.2 and others filed applications under Order 9 Rule 13 CPC to set aside the decree, while the appellant moved a preliminary objection challenging the maintainability of those …

THE STATE OF MAHARASHTRA AND ANR.versusSHRI PRABHAKAR BHIKAJI INGLE

1996 INSC 357Appeal(s) allowed

The respondent, a police officer, was removed from service by the Commissioner of Police under Article 311(2)(b) of the Constitution and challenged the removal before the Maharashtra Administrative Tribunal (MAT), which confirmed the removal on March 6, 1995. He filed a Special Leave Petition (SLP) …

B. SHANKARANANDversusCOMMON CAUSE AND ORS.

1996 INSC 358Disposed off

The Supreme Court examined the interpretation of Section 4(e) of the All India Institute of Medical Sciences Act, 1956, concerning the composition of the institute's supreme body. The question was whether the five persons to be nominated by the Central Government must all be scientists, or whether …

STATE OF U.P. AND ORS.versusNAND KISHORE SHUKLA AND ANR.

1996 INSC 359Appeal(s) allowed

Nano Kishore Shukla, a clerk in the Uttar Pradesh government, was removed from service after a disciplinary enquiry found five charges of selling and purchasing property without prior authority proved. The respondent did not cooperate with the enquiry, refusing to cross‑examine witnesses on several …

STATE OF KERALAversusK. MOIDEENKUTTY AND ORS.

1996 INSC 360Appeal(s) allowed

The State of Kerala appealed against the order of the Taluk Land Board, Kozhikode, which had first declared that declarant K. Moideenkutty possessed 3,171.53 acres of excess land under the Kerala Land Reforms Act, 1961. The Board later reopened the case and, on the basis that 877 tenants occupied …

SAHKARI SAMITIYAN VYAVASTHAPAK UNION ETC.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 344Dismissed

The Primary Agriculture Credit Cooperative Societies (PACS) challenged the constitution of the Rajasthan Credit Cooperative Institutions Cadre Authority Limited and the Registrar's power to compel PACS to contribute to a salary fund for paid secretaries under the Central Cooperative Bank Rules, …

KERALA STATE FINANCIAL ENTERPRISES LTD.versusJACOB ALEXANDER AND ANR.

1996 INSC 345Dismissed

The plaintiff, a regular subscriber to a Cochin kuri, sued the State of Kerala and the foreman for the share of unpaid auction discount that he claimed was due to him. The trial court held that the foreman could only retain the commission expressly provided in the Vaimpu and that any forfeited …

AJIT SINGH JANUJA AND OTHERSversusSTATE OF PUNJAB AND OTHERS

1996 INSC 342Disposed off

The petitioners, employees of the Punjab Civil Secretariat, challenged the State's reservation policy, arguing that members of Scheduled Castes (SC) and Backward Classes (BC) who had been promoted under the roster system were being given undue advantage in subsequent promotions against …

AHMEDABAD MANUFACTURING AND CALICO PRINTING CO. LTD. AND ANR.versusA.V. JOSHI

1996 INSC 343Appeal(s) allowed

Ahmedabad Manufacturing and Calico Printing Co. Ltd. set up two new industrial undertakings – a polyester fibre plant (1975‑76) and a Sulzer plant (1976‑77) – and claimed relief under Section 80K of the Income Tax Act, 1961, together with a certificate under Section 197(3) for dividend exemption in …

COMMISSIONER OF INCOME TAXversusM/S ALL INDIA TEA AND TRADING CO. LTD.

1996 INSC 346Dismissed

All India Tea and Trading Co. Ltd. received Rs. 1,24,638 as compensation when its agricultural land in Assam was requisitioned under the Assam Land (Requisition and Acquisition) Act, 1948 and allotted to refugees who continued to cultivate it. The company claimed the compensation was agricultural …

M/S P.R. DEB AND ASSOCIATESversusSUNANDA ROY

1996 INSC 347Disposed off

The appellant, owner of a plot in South Calcutta, entered into a sale agreement with the respondent for Rs 9 lakhs, requiring an initial payment of Rs 25,000 and a further Rs 4 lakhs within five months, the latter being essential for the appellant to obtain alternative accommodation. The respondent …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusKALLETI CHENGAIAH

1996 INSC 349Appeal(s) allowed

The Director of Settlement exercised suo motu revision power under Section 5(2) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 to set aside a 1983 order granting a Ryotwari patta that was found to contravene statutory provisions. The High Court held …

STATE OF ASSAM AND ORS.versusSMT. RADHA KANOO AND ORS. ETC.

1996 INSC 350Appeal(s) allowed

The State of Assam appealed against a High Court order that had held the respondents were not encroachers on government waste land. The respondents had taken possession of the land without a lease or written permission under Rule 16 of the Settlement Rules and had paid "Touzi Bahira" revenue to a …

STATE OF U.P. AND ANRversusSHRI KRISHNA PANDEY

1996 INSC 351Dismissed

Shri Krishna Pandey retired from service on 31 March 1987. After his retirement, a departmental enquiry for alleged embezzlement of Rs. 2,47,779 was initiated on 21 April 1991, and his pension was withheld under Regulation 351-A of the Civil Services Regulations. The High Court directed that his …

DR. B.L. WADEHRAversusUNION OF INDIA AND ORS.

1996 INSC 352Disposed off

Dr. B.L. Wadehra filed a writ petition under Article 32 of the Constitution seeking directions to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC) to perform their statutory duties of collecting, removing and disposing of garbage and other waste. The petition …

ATTIQ-UR-REHMANversusMUNICIPAL CORPORATION OF DELHI AND ANR.

1996 INSC 336Dismissed

Attiq‑ur‑Rehman filed a civil suit to restrain the Municipal Corporation of Delhi from demolishing alleged unauthorised construction on his property. The corporation later lodged a criminal complaint under sections 332 and 461 of the Delhi Municipal Corporation Act in the Court of a Metropolitan …

SMT. SARLA DIXIT AND ANR.versusBALWANT YADAV AND ORS.

1996 INSC 337

The widowed wife and daughter of Captain Rama Kant Dixit, who died in a road accident when his scooter was struck by a truck, filed a claim under Section 110A of the Motor Vehicles Act, 1939 seeking compensation. The Motor Accidents Claim Tribunal reduced the award by 75% on the ground of alleged …

CALCUTTA STATE TRANSPORT CORPORATIONversusCOMMISSIONER OF INCOME-TAX, WEST BENGAL

1996 INSC 338Dismissed

The Calcutta State Transport Corporation (CSTC), a statutory body created under the Road Transport Corporations Act to provide road transport services, claimed that its income was exempt from tax under Section 10(20) of the Income‑Tax Act, 1961, on the ground that it was a "local authority" as …

THE BIHAR STATE BOARD OF RELIGIOUS TRUSTversusRAMSUBARAN DAS

1996 INSC 339Appeal(s) allowed

The case concerned two ancient Hindu temples in Muzaffarpur district whose status as public religious trusts was disputed. The respondent, Ramsubaran Das, claimed that the predecessor Raghubardas had filed returns treating the temples as public trusts under a mistake of law and fact, and therefore …