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Judgments of 1996

1535 judgments · newest first · showing 1201–1400

ISMAIL ABDUL LATIF SHAIKHversusSTATE OF MAHARASHRA AND ANR.

1996 INSC 340Appeal(s) allowed

The appellant, a constable in the Maharashtra Prohibition and Excise Department, was rejected for promotion to Sub‑Inspector in 1966 because his chest measurement fell short of the standard prescribed in the Bombay Prohibition and Excise Department Rules, 1958. He was later promoted in 1970 and …

SURJIT SINGH AND ORS.versusBALBIR SINGH

1996 INSC 333Dismissed

The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants …

RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.

1996 INSC 334Dismissed

The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting …

UNION OF INDIA AND OTHERSversusRAM PHAL

1996 INSC 330Appeal(s) allowed

The respondent, a constable in the Border Security Force, was repeatedly absent without leave from December 1983 and, after several notices, was deemed a deserter. A show‑cause notice dated 20 April 1984 warned that his further retention was undesirable and proposed dismissal under Section 11(2) of …

UMASHANKAR PANDAversusSTATE OF MADHYA PRADESH

1996 INSC 331

Umashankar Panda was convicted under IPC sections 302 and 307 for murdering his wife and two daughters with a sword and attempting to murder his three other children, who survived with grievous injuries. The trial court sentenced him to death, a judgment affirmed by the Madhya Pradesh High Court. In …

THE COMMISSIONER OF INCOME TAXversusM/S. NARANG DAIRY PRODUCTS

1996 INSC 332

The assessee, Narang Dairy Products, was granted a development rebate under Section 33(1)(a) of the Income Tax Act for its entire machinery in AY 1965-66. Subsequently, part of the machinery was sold and the remaining plant was leased to Hindustan Lever Ltd for three years, within the eight‑year …

EMPLOYERS IN RELATION TO THE MANAGEMENT OF RESERVE BANK OF INDIAversusTHEIR WORKMEN

1996 INSC 327Appeal(s) allowed

The Reserve Bank of India (RBI) provided canteen facilities for its Class III and IV employees through three arrangements – an Implementation Committee, co‑operative societies and contractors – but had no statutory duty to run these canteens. The Central Government Industrial Tribunal held that 166 …

PHIROZE DINSHAW LAM ETC.versusUNION OF INDIA AND OTHERS.

1996 INSC 329Disposed off

Godrej & Boyce manufactured refrigerators packed in corrugated fibre containers (CFCs) and contested the inclusion of CFC value in excise valuation. The Revenue served demand notices including CFC value, leading Godrej to file writ petitions. Godrej attempted to support its case with fabricated …

GOPALJI KHANNAversusALLAHABAD BANK AND OTHERS

1996 INSC 322Dismissed

The appellant, an employee of Allahabad Bank, was disciplined and his pay scale was reduced. The Executive Director, who was temporarily holding charge of the Chairman and Managing Director posts, reviewed the penalty under Regulation 18 and enhanced it, reducing the appellant further. The appellant …

UNION OF INDIA AND ORS.versusK.V. VIJEESH

1996 INSC 317Appeal(s) allowed

The respondent, K.V. Vijeesh, was placed at rank 172 in the select list for Diesel Assistant vacancies of the Southern Railways but was not appointed while lower‑ranked candidates were. He approached the Central Administrative Tribunal, which directed the Railways to consider him for any existing or …

PRATAP & ANR.versusSTATE OF RAJASTHAN & ORS.

1996 INSC 319Dismissed

The appellants' land was acquired by the State of Rajasthan under Section 52 of the Rajasthan Urban Improvement Act, 1959, and vested in the State upon publication of a notification in 1984. After this vesting, the Central Land Acquisition Act, 1894 was extended to Rajasthan and the State amended …

STATE OF RAJASTHANversusKISHORE

1996 INSC 320Appeal(s) allowed

The deceased Guddi, wife of the accused Kishore, suffered 80 % burns after kerosene was poured on her and she later died. Three dying declarations were recorded – one in the FIR, one under Section 161 of the Cr.P.C., and a judicial‑magistrate’s statement (Ex P‑8). The Sessions Court convicted …

DELHI DEVELOPMENT AUTHORITYversusSHILPA CO-OPERATIVE GROUP HOUSING SOCIETY LTD. ETC.

1996 INSC 323Appeal(s) allowed

The Delhi Development Authority (DDA) allotted land to several cooperative housing societies, but after the premium was escalated the societies refused to accept the allotment, leading to its cancellation. The societies had deposited earnest money, and the question before the Supreme Court was the …

SHAHEEN WELFARE ASSOCIATIONversusUNION OF INDIA AND OTHERS

1996 INSC 324Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by Shaheen Welfare Association seeking the release of under‑trial detainees under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) where evidence was lacking or procedural safeguards were not observed. …

VARELI WEAVES PVT. LTD. AND ANRversusUNION OF INDIA & ORS.

1996 INSC 325Case Partly allowed

Vareliweaves Pvt. Ltd. imported partially oriented yarn (POY) and claimed exemption from countervailing duty (CVD) under a 1982 notification, arguing that the yarn fell in the 100‑750 denier category. The customs authorities, relying on a 1980 circular, treated the POY as belonging to the 75‑100 …

GOVT. OF TAMIL NADUversusP.A. MANICKAM ETC.

1996 INSC 326Appeal(s) allowed

The respondents, employees of the Tamil Nadu government, were compulsorily retired after attaining the age of 50 years under Fundamental Rule 56(d). The State Government had issued G.O. No. 761 (1973) directing that cases be sent to a review committee six months before the retirement point. The …

WEST BENGAL STATE ELECTRICITY BOARDversusM/S FAKIR CHAND RICE MILLS AND ORS.

1996 INSC 321Disposed off

The West Bengal State Electricity Board claimed Rs 28,68,264.06 from Fakir Chand Rice Mills for alleged pilferage in electricity consumption. The trial court ordered the mill to pay Rs 2,60,000, which the High Court later modified to a direction to deposit Rs 5,60,000 without adjudicating the …

SRI LAKHI BARUAH AND OTHERSversusSRI PADMA KANTA KALITA AND OTHERS

1996 INSC 311Dismissed

The respondents filed a suit seeking declaration of ownership and possession of land, alleging that a 1950 registered sale deed in their favour was forged. The trial court accepted the presumption of due execution under Section 90 of the Evidence Act based on a certified copy of the deed, but the …

U.P. SHIKSHA AND EDUCATION BOARDversusRAJENDER PRASAD GUPTA

1996 INSC 312Appeal(s) allowed

Rajender Prasad Gupta was appointed as an untrained temporary teacher on 5 May 1964 and was required to undergo training. He was given two opportunities to attend training in 1968 and 1969 but did not avail them, after which his service was terminated without notice. He challenged the termination, …

G. SUNDARESWARARAOversusTHE GOVERNMENT OF A. P. AND ORS.

1996 INSC 313Dismissed

The petitioner, a Junior Scientific Officer in the Andhra Pradesh Institute of Preventive Medicine Service, claimed he met the qualifications for promotion to Senior Scientific Officer but was denied because Rule 4(b) of the service's ad‑hoc rules required a minimum of five years of post‑graduate …

STATE OF BIHAR AND ORS.versusRAMDEO YADAV AND ORS.

1996 INSC 314Appeal(s) allowed

The Bihar government took over Reghunandan Babula Kanya Middle School on 13 January 1981 under the Bihar Non‑Government Primary School (Taking Over Control) Act, 1976. Two teachers, Ramdeo Yadav and Raj Narain Yadav, who had been appointed as untrained teachers after 1 January 1971 and later …

UNION OF INDIA AND ORS.versusS. J. THANAWALA AND ANR.

1996 INSC 315Dismissed

The case concerned a salt factory operated by the respondents on a 138-acre leasehold that was due for renewal on 1 July 1983. The Union of India claimed title to the land and sought to compel the respondents to accept its title and obtain a renewed licence, while the respondents asserted that they …

SHIMLA DEVELOPMENT AUTHORITYversusASHA RANI

1996 INSC 316Appeal(s) allowed

The respondent applied for a flat under the Shimla Development Authority's Self‑Finance Scheme in 1986, paid an earnest deposit and was initially quoted a construction cost of Rs 1,44,000. In 1991 the Authority raised the cost to Rs 2,73,332 due to material price hikes and, after the District Judge …

RAVINDRA TRIMBAK CHOUTHMALversusSTATE OF MAHARASHTRA

1996 INSC 302Case Partly allowed

The appellant, Ravindra Trimbak Chouthmal, conspired with his father to murder his wife Vijaya for dowry, severing her head and cutting her body into nine pieces to conceal evidence, also causing the death of the unborn child. He was convicted of murder under s.302 read with s.1208, and of offences …

MUNICIPAL CORPORATION OF GREATER BOMBAYversusMAFATLAL INDUSTRIES AND ORS., ETC.

1996 INSC 303Appeal(s) allowed

The Municipal Corporation of Greater Bombay billed Mafatlal Industries for electricity duty on guest houses it maintained for its employees, classifying them under Category C of the 1981 tariff. The company contended that the guest houses should fall under Category R, which is applicable to premises …

COMMERCIAL TAX OFFICER AND ORS.versusEMKAY INVESTMENTS PVT. LTD.

1996 INSC 305Appeal(s) allowed

EMKAY Investments Pvt Ltd, a newly set up small‑scale plywood manufacturer, claimed exemption from sales tax under Rule 3(66a) of the West Bengal Sales Tax Rules, 1941. The company used the brand name “Merinoply,” which belonged to another firm, Marinoply and Chemicals Ltd. The tax authorities …

CALCUTTA IRON MERCHANTSversusCOMMISSIONER OF COMMERCIAL TAXES AND ANR.

1996 INSC 306Disposed off

The case concerned dealers of iron and steel who, under the Bengal Finance (Sales Tax) Act, 1941, were required to transport goods with a declaration signed by the consignor as mandated by Rule 89A(2). The dealers contended that the rule unfairly placed the burden of producing the declaration on …

RAMESH SINGH AND ANR.versusCINTA DEVI AND ORS.

1996 INSC 307Appeal(s) allowed

An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal …

SURINDER KAURversusSTATE OF PUNJAB AND ORS.

1996 INSC 308Appeal(s) allowed

Surinder Kaur, who had served as Sarpanch of Gram Panchayat Dialgarph for 15 years, attempted to file her nomination papers for the Sarpanch election scheduled on 18 January 1993. On 17 January, her husband was detained by police and the 7th respondent, Tara Singh, forcibly seized and destroyed her …

UNION OF INDIA AND ORS.versusCORPORAL AK. BAKSHI AND ANR.

1996 INSC 309Appeal(s) allowed

Corporal AK Bakshi and Corporal Sobhanan, each having accrued six punishment entries for misconduct, were discharged from the Indian Air Force under the Policy for Discharge of Habitual Offenders, which directs that such cases be dealt with under Rule 15(2)(g)(ii) of the Air Force Rules, 1969. They …

GURBACHAN SINGH AND ANR.versusSHIVALAK RUBBER INDUSTRIES AND ORS.

1996 INSC 310Appeal(s) allowed

The landlords (Gurbachan Singh & Anr.) sought eviction of Shivalak Rubber Industries & Ors. under Section 13(2)(iii) of the East Punjab Rent Restriction Act, 1949, alleging that the tenants had made extensive unauthorised alterations—removing roofs, walls, doors, converting shops into sheds, stores …

THE STATE OF KARNATAKAversusMOIN PATAL AND OTHERS

1996 INSC 295Appeal(s) allowed

The State of Karnataka prosecuted four respondents for the murders of two brothers, alleging they were killed with an axe and sickle. The trial court convicted them under IPC sections 302, 34 and 324 based on eye‑witness testimony, recovered blood‑stained weapons, and post‑mortem reports. The …

UNION OF INDIAversusM/S G.S. ATWAL, AND CO. (ASANSOLE)

1996 INSC 296Appeal(s) allowed

The Union of India entered into a contract with M/s G.S. Atwaland Co. for excavation work, and a dispute over equipment hire charges was referred to a sole arbitrator, T. Raja Ram, in the fifth arbitration. The arbitrator unilaterally enlarged the reference to include additional claims not …

GOWRISHANKAR AND ANR.versusJOSHI AMBA SHANKAR FAMILY TRUST AND ORS.

1996 INSC 294Appeal(s) allowed

The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants …

JUNJARAMversusBHAURAO AND ORS.

1996 INSC 298Appeal(s) allowed

Junjaram, a protected tenant under the Berar Regulation of Agricultural Leases Act, 1951, surrendered his lease by an unregistered deed in 1956 and within a year applied for restoration of possession. The initial authorities held the surrender illegal and ordered restitution, but the Deputy …

ASSOCIATION OF CHEMICAL WORKERSversusS.D. RANE AND ORS.

1996 INSC 299Dismissed

The Association of Chemical Workers, a rival union at Chemicals & Fibers of India Ltd., challenged the recognition of the respondent union by the Industrial Court, alleging that the investigating officer had illegally used spot verification and alternate numbers to count members. The High Court …

PARSINI (DEAD) THROUGH LRS.versusATMA RAM AND ORS.

1996 INSC 300Dismissed

The Supreme Court heard a civil appeal (No. 1608 of 1979) challenging the genuineness of a will executed by Bhagwana on 15 October 1957, which left his property to Atma Ram. The appellant, Bhagwana's daughter, claimed that the will was not genuine and sought relief, arguing that she was not a party …

HIRA LAL (DEAD) BY LRS. ETCversusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 301Dismissed

The appellant filed a return under Section 12 of the Maharashtra Agricultural Land (Ceiling of Holdings) Act, 1961, claiming he had three sons and three daughters, and argued that the family was therefore entitled to two additional units of land under Section 6. He produced school certificates for …

MOHD. ASLAM KHANversusNARCOTICS CONTROL BUREAU AND ANOTHER

1996 INSC 284Appeal(s) allowed

Mohammad Aslam Khan was convicted under Section 22 read with Section 8(c) of the NDPS Act for possession of 50,000 Mandrex tablets seized from flat No.102 in Andheri. The prosecution relied on an agreement allegedly signed by the appellant, seized from the premises, and on statements made by the …

M/S PRAKASH TRADING CO.versusCOMMISSIONER OF INCOME TAX, GUJARAT

1996 INSC 286Dismissed

Prakash Trading Co., a groundnut oil manufacturer, claimed an additional tax deduction for deoiled cakes exported or sold to exporters under the export incentive provisions of the Finance Acts of 1966 and 1967, which were linked to the First Schedule of the Industries (Development and Regulation) …

DIRECTOR, A.I.I.M.S. ETC.versusDR. NIKHIL TANDON AND ORS.

1996 INSC 287Dismissed

The All India Institute of Medical Sciences (AIIMS) advertised for an Assistant Professor in Endocrinology. Dr. Nikhil Tandon was appointed, while Dr. Ajay Sood challenged the appointment, alleging that Tandon did not possess the required D.M. qualification or an equivalent recognised qualification. …

COSTAO FERNANDESversusSTATE AT THE INSTANCE OF D.S.P, CBI, BOMBAY

1996 INSC 288Appeal(s) allowed

Costao Fernandes, a customs preventive officer, chased a vehicle suspected of smuggling gold and, during a scuffle, the driver died. He was prosecuted under Section 302 IPC, while claiming immunity under Section 155 of the Customs Act, 1962. The trial court and High Court denied the protection, …

ACHUTRAO HARIBHAU KHODWA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 289Appeal(s) allowed

The wife of the appellant was admitted to a government civil hospital for delivery and a sterilisation operation. During the sterilisation a mop was left inside her peritoneal cavity, leading to peritonitis and her death. The appellants sued the State of Maharashtra and the doctors for damages. The …

R.M. TEWARI, ADVOCATE ETC. ETC.versusSTATE (NCT OF DELHI) ORS ETC. ETC.

1996 INSC 290Disposed off

The Delhi Government, after constituting a high‑power Review Committee as directed in Kartar Singh v. State of Punjab, sought the withdrawal of TADA charges in several cases. The Special Public Prosecutor filed applications before the Designated Court relying solely on the Committee’s …

BADDULA LAKSHMAIAH AND ORS.versusSRI ANJANEYA SWAMI TEMPLE AND ORS.

1996 INSC 291Dismissed

The trial court dismissed a suit by the Sri Anjaneya Swami Temple seeking title to 29 acres of agricultural land, holding that the grant of land to the Archaka was personal to him. A Single Judge of the Andhra Pradesh High Court affirmed this finding on appeal. The temple then filed a Letters Patent …

MANSUversusSHADI RAM

1996 INSC 292Appeal(s) allowed

Mansu, a tenant, claimed pre-emption rights over a suit property sold by co‑sharers (male and female) under the Punjab Pre‑emption Act as applicable to Haryana. Shadiram, the vendee, argued that the female vendors' share was not pre‑emptable under Section 15(2) and that, as a successor‑in‑interest, …

BHARAT FORGE COMPANY LTD.versusAB. ZODGE AND ANR.

1996 INSC 293Disposed off

Bharat Forge Co. Ltd. challenged the Industrial Tribunal's refusal to allow it to adduce fresh evidence in support of a dismissal order against employee AB Zodge. The Tribunal, and subsequently the Bombay High Court, held that under Section 11A of the Industrial Disputes Act, 1947, the employer …

DELHI SCIENCE FORUM AND ORS. ETC.versusUNION OF INDIA AND ANR.

1996 INSC 275Dismissed

The petitioners challenged the Central Government’s exercise of power under Section 4(1) of the Indian Telegraph Act, 1885 to grant licences to private companies for establishing and operating telecommunication services, arguing that the privilege was exclusive to the Government and that the …

LIFE INSURANCE CORPORATION OF INDIAversusCOMMISSIONER OF INCOME TAX

1996 INSC 277Appeal(s) allowed

The Life Insurance Corporation of India (LIC) received a large income‑tax refund for the life‑insurance business in the assessment year 1963‑64, which it claimed should be treated as a profit and deducted under Rule 2(1)(b) of the Income‑Tax Act. The tax authorities argued that only the portion of …

ANIL @ ANDYA SADASHIV NANDOSKARversusSTATE OF MAHARASHTRA

1996 INSC 278Dismissed

The appellant was seized at a hotel in a notified area under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) after police, acting on prior information, recovered a country‑made revolver with two live cartridges and cash. The seized items were sealed, placed in safe custody and, …

FERTILIZER CORPORATION OF INDIAversusUNION OF INDIA AND ORS.

1996 INSC 276Appeal(s) allowed

The respondent, D.K. Jain, a member of the Indian Audit and Accounts Service, was appointed Director (Finance) of Fertilizer Corporation of India (FCI) for a term of five years under Article 69 of the corporation's Articles of Association. He later accepted a two‑year appointment as Director …

MUNICIPAL COMMITTEE, BAHADURGARHversusKRISHNAN BEHARI AND ORS.

1996 INSC 279Appeal(s) allowed

A clerk of the Municipal Committee, Bahadurgarh was found to have misappropriated Rs. 1,548.78 and falsified accounts. He was convicted under Section 409 of the Indian Penal Code, later altered to Section 468, and the municipality dismissed him. The Director of Local Bodies reduced the punishment to …

ASHOK KUMAR SINGHAL AND ORS.versusSTATE OF M.P. AND ANR.

1996 INSC 281Appeal(s) allowed

Gyaso Bai executed a will in 1964 bequeathing land to Ram Swaroop, and a probate was granted in 1965. The government later acquired the land and, under the Land Acquisition Act, a reference court directed compensation to be paid in the ratio of two‑thirds to the appellants and one‑third to the …

DEV RAJ (DEAD) THROUGH L.RS.versusHARBANS SINGH (DEAD) THROUGH L.RS.

1996 INSC 282Appeal(s) allowed

The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor …

BANK OF BARODAversusRAJENDER PAL SONI

1996 INSC 283Appeal(s) allowed

The respondent, an employee of Traders Bank, tendered his resignation on the same day the bank sought to terminate his service by offering three months' pay in lieu of notice and returned the cheque. Traders Bank was later amalgamated with Bank of Baroda under Section 45 of the Banking Companies …

J. JOSE DHANAPAULversusS. THOMAS AND ORS.

1996 INSC 271Appeal(s) allowed

The appellant, J. Jose Dhanapoul, challenged an order of the Tamil Nadu Administrative Tribunal that annulled the appointment of S. Thomas without the appellant being made a party to the proceedings. The Tribunal had issued the impugned order on June 15, 1993, cancelling Thomas's appointment, but …

DR. GHANSHYAM JAISWALversusKAMAL SINGH

1996 INSC 272Appeal(s) allowed

In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the …

UNION OF INDIA AND ANR.versusRANCHI MUNICIPAL CORPN. RANCHI AND ORS.

1996 INSC 273Appeal(s) allowed

The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under …

BABULALversusRAJ KUMAR AND ORS.

1996 INSC 274Appeal(s) allowed

Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an …

JAIN MOTOR CAR CO., DELHIversusSMT. SWAYAM PRABHA JAIN AND ANR

1996 INSC 255Dismissed

The tenant, Jain Motor Car Co., was served an eviction petition by the landlord, S.P. Jain, for defaulting on rent payment and alleged sub‑letting. The Rent Controller ordered the tenant to pay arrears within one month and to continue depositing monthly rent by the 15th, but the tenant paid the …

MUNICIPAL COMMITTEE SIRHINDversusPARSHOTAM DASS AND ORS.

1996 INSC 256Appeal(s) allowed

The respondents, who were the khewatdars of land classified as “Shamlat deh” in village Brahman Majra, claimed that the land reverted to them after the Gram Sabha was abolished, invoking Rule 3 of the Punjab Gram Panchayat Rules, 1965. The Municipal Committee of Sirhind argued that the land had …

NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALSversusSTATE OF HARYANA AND OTHERS

1996 INSC 257Dismissed

The National Council for Cement and Building Materials, a society, was challenged by its employees’ association to prepare certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The society argued that it was not an “industry” within the meaning of the Industrial …

RITESH R. SHAHversusDR. Y.L. YAMUL AND ORS.

1996 INSC 258Case Allowed

Ritesh R. Shah, a reserved‑category candidate, applied for admission to the MBBS course in Maharashtra for 1995‑96 but was denied because other reserved‑category applicants were admitted against the reserved quota despite being eligible on open‑merit grounds. He challenged the state’s selection …

STATE OF U.P. AND OTHERSversusRAMASH-YRAYA YADAV AND ANOTHER

1996 INSC 259Appeal(s) allowed

The respondents were appointed as temporary Investigators‑cum‑Computer under a scheme that was later cancelled, but they were allowed to continue in service by an interim order of the Allahabad High Court. While still serving, they filed a writ petition seeking the same salary as regular …

COMMISSIONER OF INCOME TAX, GUJARATversusJYOTI LTD.

1996 INSC 260Case Partly allowed

Jyoti Ltd., a Baroda‑based company, claimed that its reserves for doubtful debts (Rs 85,000) and gratuity (Rs 5,60,000) should be treated as part of its capital base for computing statutory deduction under the Companies (Profits) Surtax Act, 1964. The Surtax Officer excluded the amounts; the …

UNION OF INDIA AND ANR.versusMOTI LAL AND ORS.

1996 INSC 261Dismissed

The respondents, who had been directly appointed as casual mates in Class III of the Northern Railway, were later regularised as gangmen (Class IV) by the railway authorities. They contended that their long‑term service as mates and the temporary status conferred upon them entitled them to be …

UNION OF INDIAversusRAM SUA SHARMA

1996 INSC 262Appeal(s) allowed

The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The …

J.L. JAINversusUNION OF INDIA AND ORS.

1996 INSC 263Appeal(s) allowed

In this civil appeal, the appellant J.L. Jain challenged the decision of the Central Administrative Tribunal that denied a reopening of a departmental inquiry against him. The appellant sought a one‑time opportunity to participate in the inquiry, present his defence, and cross‑examine witnesses. The …

UNION TERRITORY OF CHANDIGARHversusCHARANJIT KAUR

1996 INSC 264Appeal(s) allowed

The respondent was convicted of murder and sentenced to life imprisonment, having been in custody since September 1983. She filed an application in the High Court seeking premature release, and the High Court ordered her release on the ground that the State had failed to file a counter‑affidavit …

SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENTversusL. SRINIVASAN

1996 INSC 265Appeal(s) allowed

The respondent, L. Srinivasan, an Assistant Section Officer in the Prohibition and Excise Department, was suspended and a departmental inquiry was ordered while a charge‑sheet for embezzlement and fabrication of false records was filed and a criminal trial was pending. The Tamil Nadu Administrative …

SINGHAI LAL CHAND JAIN (DEAD)versusRASHTRIYA SWAYAM SEWAK SANGH, PANNA AND ORS.

1996 INSC 266Appeal(s) allowed

The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the …

THE STATE OF PUNJABversusDARSHAN SINGH

1996 INSC 267Appeal(s) allowed

Darshan Singh, a bus conductor employed by the State of Punjab, was removed from service on 26 May 1989 for alleged misconduct of collecting fares without issuing tickets, which was deemed fraud. The removal order also listed his earlier punishments, leading the trial court to hold that the …

ABDUL AZIZ ABDUL RATAK AND ANR.versusTHE MUNICIPAL CORPN. OF GREATER BOMBAY AND ANR.

1996 INSC 268Dismissed

The appellants, whose land was acquired under the Land Acquisition Act, 1894, entered into an agreement with the municipal corporation to receive two‑thirds of the compensation at a rate of Rs.40 per square yard, with interest fixed at 4% per annum from possession. The compensation award was later …

STATE OF UTTAR PRADESH ETC.versusSMT. RAM KUMARI DEVI ETC.

1996 INSC 269Case Partly allowed

The State of Uttar Pradesh acquired 13.75 acres of land for a government college and the Land Acquisition Officer initially fixed compensation at Rs 11,887.78 per acre. A District Judge later awarded Rs 5 per square foot and the High Court reduced it to Rs 3.30 per square foot, relying on sale deeds …

PALI DEVI AND ORS.versusCHAIRMAN MANAGING COMMITTEE AND ANR.

1996 INSC 270Appeal(s) allowed

The appellants, former employees of the Army School, Jalandhar, claimed that the school had failed to pay the minimum wages fixed by the State Government and filed an application under Section 20(2) of the Minimum Wages Act, 1948. The Authority initially granted relief, but the Punjab & Haryana High …

KAHANDU DAULAT DANGDEversusJAY WANTRAO YADAVRAO KHARADE AND ORS.

1996 INSC 241Appeal(s) allowed

The appellant, K.D. Dangde, was a tenant of agricultural land owned by Anjanabai, a widow and member of a joint family, from before 1 April 1957. A partition suit in 1961 resulted in the land being allotted to Anjanabai, who later applied for an exemption certificate under Section 88C of the Bombay …

UNION TERRITORY, CHANDIGARH ADMN. AND ORS.versusMANAGING SOCIETY, GOSWAMI, GDSDC

1996 INSC 242Appeal(s) allowed

The Chandigarh Administration allotted 10.5 acres of land to the managing society for 99 years in 1975, fixing the ground rent at Rs 100 per acre per annum, which was lower than the rate mandated by Rule 13 of the Chandigarh Lease‑hold of Sites and Buildings Rules, 1973. In 1991 the Estate Officer …

K. NANDAKUMARversusMANAGING DIRECTOR, THANTHAI PERIYAR TRANSPORT CORPN.

1996 INSC 245Appeal(s) allowed

K. Nandakumar was injured in a collision between his motorcycle and a bus owned by Thanthai Periyar Transport Corporation on 15 January 1987, resulting in permanent disability. He filed a claim under Section 92-A of the Motor Vehicles Act, 1939 for no‑fault compensation, but the Motor Accidents …

MUKHTIAR AHMEDversusSMT. HUSAN BANO AND ORS.

1996 INSC 246Dismissed

Mukhtar Ahmed filed a suit seeking a declaration that he was entitled to a two‑thirds share in a house as a co‑owner. Earlier, in a suit filed by a co‑sharer, the court had determined that the co‑sharer was only entitled to a one‑fifth share, and that decree became final. The issue before the …

PUTTU LAL (DEAD) BY LRS.versusSTATE OF U.P. AND ANR.

1996 INSC 247Dismissed

The land originally owned by Smt. Kokilla was acquired by the State under the Land Acquisition Act, 1894, with a notification on 15 April 1928 and a declaration on 28 July 1928 for a public purpose. Compensation was paid and, under Section 16 of the Act, the land vested in the State free of all …

J.R. JANI AND ORS.versusAHMED EBRAHIM OF RANGOON

1996 INSC 250Appeal(s) allowed

The case concerned a claim by Ahmed Ebrahim, a Burmese citizen, that he had purchased six lakh shares of Khatiawad Industries Ltd., a company declared an evacuee property in 1959, and that the declaration was illegal because notice under Section 7 read with Rule 6 of the Administration of Evacuee …

THE STEEL AUTHORITY OF INDIA AND ORS.versusNEW MARINE COAL CO. (PVT.) LTD.

1996 INSC 251Appeal(s) allowed

The Steel Authority of India sued New Marine Coal Co. to recover Rs 1,13,000 for coal supplied under an agreement that required Grade‑I coal between Dec 1962 and June 1967. Instead, Grade‑II coal was delivered but the plaintiff collected the price of Grade‑I, and the contract contained a clause …

SANT SINGHversusTHE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.

1996 INSC 252Dismissed

Sant Singh appealed against a notice issued under Section 5 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, contending that a sale of 10 acres 33 cents to his minor daughter before the appointed day (24 January 1971) and a transfer of 13.47 acres to a private temple after that date …

ABDUL QADIR (DEAD) BY LRS.versusSMT. MAIMOONA KHATOON (DEAD) BY LRS. AND ORS.

1996 INSC 253Dismissed

Abdul Qadir, as successor of an evacuee property declared under the Custodian of Evacuee Property Act, 1950, claimed adverse possession over land and sought to be recorded as sirdar and bhumidar in two khatas. The Consolidation Officer and Settlement Officer initially upheld his claim, but the …

RAGHUNATHversusPOPAT LAL AND ORS.

1996 INSC 254Appeal(s) allowed

The land originally owned by Lilachand Bhandari was hypothecated to Hirachand in 1942. Hirachand leased the land to respondents No.2 and No.3 in 1947‑48, making them tenants under the Bombay Tenancy and Agricultural Lands Act, 1948. Respondent No.2 purchased the equity of redemption on 27 December …

KUNDANBHAI DULABHAI SHAIKHversusDISTT. MAGISTRATE, AHMEDABAD AND ORS.

1996 INSC 236Case Allowed

The petitioners were detained under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and filed representations against their detention on 23 August 1995. They alleged that the State and Central Governments failed to dispose of these …

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTIONversusUNION OF INDIA

1996 INSC 237Dismissed

The Supreme Court entertained a social‑action writ filed by the Indian Council for Enviro‑Legal Action on behalf of villagers of Bichhri, who suffered severe water, soil and health damage due to untreated effluents and toxic sludge from private chemical industries. The petition sought directions …

STATE (THROUGH CBI/NEW DELHI)versusS.J. CHOUDHARY

1996 INSC 233Appeal(s) allowed

The State prosecuted S.J. Chaudhary for murder and offences under the Explosive Substances Act, seeking to introduce the testimony of a typewriter expert to identify the machine that produced a disputed document. The trial court and the Delhi High Court excluded the expert's opinion, relying on the …

UNION OF INDIAversusVICTORY PLASTIC PVT. LTD. AND ANR.

1996 INSC 238Appeal(s) allowed

The Union of India appealed a Bombay High Court order that had allowed a writ petition filed by Victory Plastic Pvt. Ltd. The dispute concerned customs duty on PVC resin imported under tariff Item No. 39.01/06 of the Customs Tariff Act, 1975. An initial 1979 notification granted full exemption from …

UNION OF INDIA AND ANR. ETC. ETC.versusA. SANYASI RAO AND ORS. ETC. ETC.

1996 INSC 235Disposed off

The Supreme Court examined the validity of Sections 44AC and 206C of the Income‑Tax Act, 1961, which allow tax to be levied on a presumptive basis on traders of specified goods. Petitioners argued that the provisions were ultra‑vio​les, beyond Parliament’s competence under Schedule VII, Entry 82, …

A. ARUMUGAM CHETTIYARversusSMT. LOKANAYAKAMMA AND ANR.

1996 INSC 240Dismissed

The appellant, Arumugam Chetiyar, occupied a house as a tenant from 1971. In 1977 the landlord executed a mortgage deed in favour of the appellant. The issue was whether the mortgage deed implied a surrender of the appellant's tenancy rights, thereby converting him merely into a mortgagee. The trial …

ANSARAM RAMBHAU YELVE AND OTHERSversusSTATE OF MAHARASHTRA

1996 INSC 221Dismissed

The appellants, eight brothers and relatives, disputed a strip of land owned by the deceased and, on 17 August 1982, armed themselves with axes and sticks, attacked the deceased and others, causing the deaths of two victims. The trial court convicted them under Sections 302, 324, 325 read with …

REV. FATHER BRAIN E FERNANDES ETC.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 223Appeal(s) allowed

The case concerned a land acquisition under the Land Acquisition Act, 1894 where the notification under Section 4(1) was published in 1965 and the declaration under Section 6 in 1969, but the award of compensation was only made in 1986. The appellants argued that an erratum notice that listed guntha …

RAM JATAN AND ORS.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 224Dismissed

The deceased Newaj Mal executed a registered will leaving his land to his daughter's son, a fact accepted by the Director of Consolidation and upheld by the Allahabad High Court. The brother of the deceased (appellant) claimed a preferential right to the property under Class V of Section 24 of the …

UNION OF INDIA AND ANR.versusM/S. SH. RAM RAYONS

1996 INSC 225Appeal(s) allowed

The respondent, Mis. Sh. Ram Rayons, applied for a supplementary import licence and paid a fee of Rs.1 lakh under Clause 4(2) of the Imports (Control) Order, 1955. A policy change later prevented the issuance of the licence, prompting the respondent to file a writ petition seeking a refund of the …

UNION OF INDIAversusAJAIB SINGH AND ORS.

1996 INSC 226Appeal(s) allowed

The Union of India acquired land under the Requisitioning & Acquisition of Immovable Properties Act, 1952 and offered compensation to the owners, who rejected it, leading to reference to an arbitrator under section 8(1). The arbitrator awarded higher compensation with solatium and interest, and the …

STATE OF RAJASTHANversusM/S. KALYAN SUNDARAM CEMENT INDUSTRIES LTD. AND ORS.

1996 INSC 227Appeal(s) allowed

The State of Rajasthan sued Mis. Kalyan Sundaram Cement Industries Ltd. for recovery of sums due under an agreement after three post‑dated cheques issued in 1989 bounced. Alongside civil suits for recovery, criminal complaints were filed under Section 138 of the Negotiable Instruments Act and …

STATE OF KERALAversusGEORGE JOSEPH

1996 INSC 228Appeal(s) allowed

The State of Kerala initiated acquisition proceedings against George Joseph, issuing a notice under Section 4(1) of the Land Acquisition Act, 1894 on 26 September 1978. The Collector later made an award on 27 March 1981, and the respondent claimed an additional amount under Section 23(1A) of the …

SH. MAHESHWARI SENIOR HIGHER SECONDARY SCHOOL AND ANR.versusBHIKHA RAM SHARMA AND ORS.

1996 INSC 229Appeal(s) allowed

The appellant, Maheshwari Senior Higher Secondary School, challenged the termination of Bhikha Ram Sharma, who had been appointed as a Steno‑Typist on an ad‑hoc basis on 15 July 1992. The management passed a resolution on 21 May 1994 abolishing the ad‑hoc post, and Sharma's service was terminated on …

PANKAJ KUMAR SAHAversusTHE SUB-DIVISIONAL OFFICER, ISLAMPUR AND ORS.

1996 INSC 230Dismissed

The petitioners, Pankaj Kumar Saha and his brother, were issued Scheduled Caste certificates in 1982, which were later cancelled by the Sub‑Divisional Officer. The petitioners challenged the cancellation, claiming that they belong to the Sunri Scheduled Caste, despite the Presidential notification …

UNION OF INDIA AND ORS. ETC.versusS.D. GUPTA AND ORS.

1996 INSC 231Appeal(s) allowed

The respondents, who were promotee Extra Assistant Directors in the Central Water Commission Engineering Class‑I Service, challenged the seniority list prepared by the Union of India which placed them below direct recruits appointed later. The dispute centered on the interpretation of the 1965 …

SAVITRI DEVIversusSTATE OF HARYANA AND ORS.

1996 INSC 232Disposed off

The appellant, Savitri Devi, challenged the State of Haryana after her land was acquired under the Land Acquisition Act, 1894 for residential and commercial purposes. Although compensation had been paid and the acquisition became final, the land remained unused, and she sought a plot in lieu of her …

SADASIVAMversusK. DORAISAMY

1996 INSC 214Appeal(s) allowed

The appellant Sadasivam sought a declaration that a sale deed executed by his father Marappa in favour of the respondent Doraisamy was a sham and that his interest in the joint family property remained unaffected. The lower courts had held the sale deed valid and the will of the grandfather …

G. RAMASWAMY@ SURYAPRAKASA RAOversusLANKA SUBBARAO PATRUDU AND OTHERS.

1996 INSC 215Appeal(s) allowed

The grandfather, Gulla Kondala Rao, executed a deed of gift in 1947 in favour of his second wife, Narasamma, and she later bequeathed the same properties to the plaintiffs by a registered will in 1964. The adopted son, Ramarao, later sold the properties claiming they were joint family assets, but …

STATE OF BIHARversusSHRI K. M. ZUBEI AND OTHERS

1996 INSC 212Appeal(s) allowed

The State of Bihar appealed a Patna High Court order that had upheld a Board of Revenue decision allowing a land holder, governed by Mohammedan law, to claim an additional unit of land for his adult son. The land holder had been shown to hold surplus land under the Bihar Land Reforms (Fixation of …

U. P. RAJKIYA NIRMAN NIGAM LTD.versusINDURE PVT. LTD. AND OTHERS

1996 INSC 213Appeal(s) allowed

The U.P. Rajkiya Nirman Nigam Ltd (appellant) and Indure Pvt Ltd (respondent) were negotiating a joint tender for the U.P. State Electricity Board. The appellant sent a draft agreement which it did not sign; the respondent returned a counter‑proposal deleting clause 10 and materially altering clause …

GURBACHAN SINGH AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 218Dismissed

Gurbachan Singh and another filed a writ petition under Article 32 of the Constitution challenging a Supreme Court order passed under Article 136 that set aside a High Court and arbitrator award of enhanced solatium and interest under the Land Acquisition Act, 1864 (as amended by Amendment Act 68 of …

TAMIL NADU HOUSING BOARDversusA. VISWAM (DEAD) BY LRS.

1996 INSC 219Appeal(s) allowed

The Tamil Nadu Housing Board acquired 339 acres of land, including a one‑acre parcel earmarked for a public park, under the Land Acquisition Act, 1894. The original owners, represented by A. Viswam (deceased), claimed they remained in possession and sought a perpetual injunction against the Board. …

UNION OF INDIAversusM/S. AGRO ENGINEERING (MP). PVT. LTD. AND ORS.

1996 INSC 220Disposed off

The petition concerned applications for a government subsidy filed on or before 30 September 1988 that substantially complied with the scheme’s guidelines. The petitioners contended that such applications should be considered for grant of subsidy, while the respondents opposed the claim. The Supreme …

STATE OF TAMIL NADUversusKOTHARI SUGARS AND CHEMICALS LTD .

1996 INSC 206Dismissed

The State of Tamil Nadu directed sugar factories to pay an amount in excess of the statutory minimum and additional cane price fixed under the Sugarcane (Control) Order, 1966, as an advance. Kothari Sugars and Chemicals Ltd. paid this excess amount and challenged the State's demand that purchase tax …

CHINT RAM RAM CHAND AND ORS.versusSTATE OF PUNJAB

1996 INSC 207Dismissed

The State of Punjab declared a new grain market (new Mandi) and denotified the old market, directing licensed commission agents to shift their businesses. Plots in the new Mandi were sold by public auction, and the appellants, who owned shops in the old Mandi, sought allocation of alternative sites …

AJIT SINGHversusSTATE OF HARYANA

1996 INSC 209Case Partly allowed

Ajit Singh and his co‑accused Rajpal were convicted for robbery (IPC 392) and for robbery with a weapon (IPC 397) and dacoity (IPC 394) arising from an incident on 12 April 1990 in which they attempted to stop a scooter, seized valuables and later Ajit fired a pistol after the victim struck him with …

SMT. GURNAM KAUR AND ANR.versusPURAN SINGH AND ORS.

1996 INSC 210Appeal(s) allowed

The appeal concerned whether the appellant, a daughter of Ram Singh and Gurnam Kaur, was a legitimate child despite Gurnam Kaur's earlier marriage not being legally dissolved. Earlier courts had held the child illegitimate because the prior marriage was void under Section 11 of the Hindu Marriage …

STATE BANK OF INDIA ETC.versusKASHINATH KHER AND ORS. ETC.

1996 INSC 211Appeal(s) allowed

The Supreme Court examined whether the State Bank of India's policy of promoting Middle Management Grade Scale II officers who had not completed the statutory two‑year line assignment and three‑year rural/semi‑urban service, by placing them in a provisional List B and later promoting them after they …

OSMAN UMARversusMALAL ALIBHAI NATHU AND ORS

1996 INSC 201Dismissed

The appellant, representing the Patni Jamat, sought an occupancy certificate from the Mamlatdar in 1951 for land to be used as a Kabristan. A later suit (Suit No. 151/66) declared that all four jamats were jointly entitled to the land, and an injunction was placed against the appellant; this decree …

P.S. SAWHNEYversusUNION OF INDIA AND ORS.

1996 INSC 202Appeal(s) allowed

The appellant, a government employee, sought annual increments of Rs.100 on his pay scale as directed by a previous Supreme Court order, arguing that after reaching the maximum of the scale the increments should continue as special pay. He also claimed entitlement to local allowances on par with the …

S. NOORDEENversusV.S. THIRU VENKITA REDDIAR AND ORS.

1996 INSC 203Dismissed

The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree …

LT. COL. SAWAI BHAWANI SINGH ETCversusTHE STATE OF RAJASTHAN AND ORS.

1996 INSC 188Dismissed

The appellants challenged the constitutional validity of the Rajasthan Urban Lands Tax Act, 1964 as amended in 1973 to levy tax on both lands and buildings, arguing that the amendment exceeded the State's legislative competence and rendered the entire legislation "still‑born." The High Court …

SH. DHARMVIRversusAMAR SINGH

1996 INSC 193Dismissed

The appellant, Dharmvir, was elected to the Haryana Legislative Assembly from the Toshan constituency in June 1987. Petitioners alleged that during the counting of votes, Dharmvir's agents double‑marked, defaced and mutilated ballot papers cast for the rival candidate, Bansi Lal, and intimidated the …

STATE OF BIHARversusBIHAR CHAMBER OF COMMERCE

1996 INSC 194Dismissed

The Bihar Legislature enacted the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993, imposing a tax of up to 5% on scheduled goods entering any local area in the State. The Patna High Court struck down the Act on grounds that it violated Article 301 of the …

M/S. MARIKAR MOTORS LTD.versusSALES TAX OFFICER AND ANR.

1996 INSC 195Disposed off

Marikar Motors Ltd., a dealer in motor trucks, sold vehicles on a hire‑purchase basis where the agreement stipulated a two‑year period and an option to purchase at the end. The dispute before the Supreme Court concerned when, for purposes of the Kerala Sales Tax Act, a sale is deemed to occur – …

INDERMANI KIRTIPALversusTHE UNION OF INDIA AND ORS.

1996 INSC 189Dismissed

The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a …

SMT. FIRDOSH FATIMA (SINCE DEAD) ETC.versusSMT. FIRDOSH BEGUM (DEAD) AND ORS. ETC.

1996 INSC 190Dismissed

The Supreme Court examined the constitutional validity of Section 4 of the Uttar Pradesh Amendment Act 33 of 1972, which abolished letters‑patent appeals from judgments of a single High Court judge in writ jurisdiction concerning revenue and tenancy matters. The petitioners challenged the amendment …

K.P.O. MOIDEENKUTTY HAJEEversusPAPPU MANJOORAN AND ANR.

1996 INSC 191Dismissed

The appellant‑defendant challenged the trial and Kerala High Court judgments that upheld a suit for recovery of Rs 1.5 lakhs on a promissory note (Ex A) executed for the transfer of 3 acres 44 cents of land and a building. The appellant contended that the note was purportedly for cash consideration, …

STATE OF U.P.versusO.P. SHARMA

1996 INSC 192Appeal(s) allowed

The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The …

THE COMMISSIONER OF INCOME-TAX, TAMIL NADUversusCITY MILLS DISTRIBUTORS (P) LTD .

1996 INSC 178Disposed off

City Mills Distributors Pvt. Ltd. was incorporated on 30 October 1972. Its promoters had earned Rs. 24,862 from business carried out between 1 and 20 October 1972, before the company existed, and the Income‑Tax Officer included this amount as pre‑incorporation profit in the company's assessment for …

DHARMAversusNIRMAL SINGH @ BITTU AND ANR.

1996 INSC 180Appeal(s) allowed

The appellant Dharma challenged the acquittal of Nirmal Singh for the rape and murder of Ravinder Jit Kaur. The Supreme Court examined whether its power under Article 136 (and 142) of the Constitution is limited by Section 401(3) of the CrPC when hearing an appeal against an acquittal. It also …

ST. MARY'S SCHOOL AND ORS. ETC.versusCANTONMENT BOARD, MEERUT AND ORS.

1996 INSC 181Disposed off

The petitioners, owners of buildings claimed to be exempt from property tax under Section 99 of the Cantonment Act, appealed an assessment order without depositing the tax as required by Section 87. The appellate authority allowed the appeal, invoking the exemption, which led the Cantonment Board to …

M.C. DHINGRAversusUNION OF INDIA AND ORS.

1996 INSC 183Appeal(s) allowed

M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but …

L. RAJAIAHversusINSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.

1996 INSC 184Disposed off

The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant …

STATE OF BIHAR AND ORS.versusCHHANGUR PRASAD SETH

1996 INSC 185Appeal(s) allowed

Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession …

STATE OF ORISSAversusRAJAKISHORE DAS

1996 INSC 186Appeal(s) allowed

The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR.versusLADULAL MALI

1996 INSC 187Appeal(s) allowed

The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. …

S. BALDEV SINGH MANNversusS. GURCHARAN SINGH, MLA AND ORS.

1996 INSC 179Dismissed

The appellant, S. Baldev Singh Mann, filed an election petition challenging the 1992 Punjab Legislative Assembly election of S. Gurcharan Singh (respondent No.1) on grounds of booth capturing and overspending. He alleged that the respondent and his agents threatened the appellant's polling agent and …

GURSHARAN SINGH AND ORS.versusNEW DELHI MUNICIPAL COMMITTEE AND ORS.

1996 INSC 166Dismissed

The Supreme Court examined the allotment of shops in a new marketing complex by the New Delhi Municipal Committee (NDMC) to long‑standing roadside stall‑holders on a concessional licence fee and with relaxed trade‑zoning restrictions, while other traders obtained shops at higher fees and with strict …

SABITRI DEI AND ORS.versusSARAT CHANDRA ROUT AND ORS.

1996 INSC 167Appeal(s) allowed

The decree-holder, a deceased intermediary, obtained a decree for possession of an estate in 1965, but the estate had been vested in the State of Orissa by a notification under Section 3(1) of the Orissa Estate Abolition Act in 1963. The judgment debtor filed a Section 47 CPC objection, and the …

NITYANAND SHARMA AND ANR.versusSTATE OF BIHAR AND ORS .

1996 INSC 165Dismissed

The appellants, two assistant teachers belonging to the Lohar caste, claimed that they were a Scheduled Tribe under the Scheduled Castes and Scheduled Tribes Order, 1950 (as amended in 1976) and sought promotion under the ST quota. They relied on the Hindi version of the Schedule, which listed …

SURENDRA KUMARversusPHOOLCHAND (DEAD) THROUGH LRS. AND ANR.

1996 INSC 168Dismissed

The appellant Surendra Kumar purchased 25.12 acres of land in 1961 in his name, with his grandfather acting as guardian, and the land was later acquired by the government for an industrial area. An award under Section 11 of the Land Acquisition Act, 1894 granted compensation to the appellant, but …

INDIAN ALUMINIUM CO. ETC. ETC.versusSTATE OF KERALA AND ORS.

1996 INSC 169Dismissed

The petitioners challenged the Kerala Electricity Surcharge (Levy and Collection) Act, 1989, alleging that it imposed a tax on the supply of electricity beyond the State's legislative competence and that Section 11, which retrospectively validated earlier surcharges, infringed judicial power. The …

V.P. SHRIVASTAVA AND ORS.versusSTATE OF M.P. AND ORS.

1996 INSC 170Appeal(s) allowed

The appellants, direct recruits appointed as Assistant Directors of Industries on 29‑09‑1980 under the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1965, challenged a seniority list that placed ad‑hoc promotee respondents, appointed on 27‑09‑1980 without Public Service …

HARYANA STATE ELECTRICITY BOARDversusNARESH TANWAR AND ANR. ETC. ETC.

1996 INSC 171Appeal(s) allowed

The Supreme Court examined two appeals challenging High Court orders that directed the Haryana State Electricity Board to appoint the heirs of deceased employees on compassionate grounds. The petitioners argued that compassionate appointments are meant to provide immediate financial relief to …

SMT. PUTTAHONNAMMAversusC. GANGADHARA MURTHY AND ORS.

1996 INSC 172Appeal(s) allowed

The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, …

STATE OF RAJASTHANversusSEVA RAM AND ORS.

1996 INSC 173Disposed off

The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s …

MUNICIPAL COMMITIEE, ABOHARversusREGIONAL COMMISSIONER, E.S.I. CORPN. AND ANR.

1996 INSC 174Appeal(s) allowed

The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the …

SURINDER KUMAR AND ANR.versusISHWAR DAYAL AND ANR.

1996 INSC 175Appeal(s) allowed

The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been …

ST ATE OF MAHARASHTRA ETC.versusDIGAMBAR BHIMASHANKAR TANDALE AND ORS. ETC.

1996 INSC 176Case Partly allowed

The Supreme Court considered the compensation payable for 12.5 acres of land acquired by the State of Maharashtra for extending a thermal power station. The original award fixed Rs 3,000 per acre, later enhanced on a per‑square‑foot basis, which the Court held to be illegal. It ruled that …

SUB-DIVISIONAL INSPECTOR OF POST, VAIKAM AND ORS. ETC.versusTHEYYAM JOSEPH ETC.

1996 INSC 177Dismissed

The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are …

VISAKHAPATNAM DOCK LABOUR BOARD.versusE. ATCHANNA AND ORS.

1996 INSC 159Appeal(s) allowed

The respondents, who had been employed as mazdoors between 1961 and 1969, sought to have their dates of birth corrected in service records after receiving retirement notices in 1995, relying on Panchayat certificates and requesting a medical board assessment. The single judge of the Andhra Pradesh …

THE GENERAL MANAGER, TELEPHONES, ABMEDABAD AND ORS.versusV.G. DESAI AND ANR.

1996 INSC 160Appeal(s) allowed

V.G. Desai, a former telephone operator, sought retirement on medical grounds and the release of his General Provident Fund (GPF). The Central Administrative Tribunal (CAT) ordered payment of GPF, leave salary and interest from 20 April 1972 but denied pension, later directing that he be treated as …

BRIJ PALversusSTATE (DELHI ADMINISTRATION)

1996 INSC 161Dismissed

The appellant was arrested at a bus stand in Delhi and a country‑made pistol with live cartridges was seized from his person. The prosecution relied solely on the depositions of police officers and an armourer who tested the weapon, as no independent civilian witnesses could be procured. The …

P.K. KUTTY AHUJA RAJA AND ANR.versusSTATE OF KERALA AND ANR.

1996 INSC 162Dismissed

The Agricultural Income Tax Officer assessed Rs 84,788.78 for the period 1956‑58, which was quashed by the Kerala High Court on 1 January 1968, limiting liability to a 1/693 share of the estate. The appellants filed a suit in 1974 to recover amounts already paid by successors; the trial court …

GRAM PANCHAYAT VILLAGE SUFIPINDversusSTATE OF PUNJAB THROUGH SECRETARY AND ORS.

1996 INSC 163Appeal(s) allowed

The Gram Panchayat of Sufipind claimed that plot No.71 was a pathway vested in it under Section 4(2) of the Punjab Village Common Land (Regulation) Act, 1961. An application for realignment of the plot was filed in 1974, long after the consolidation proceedings had been completed in 1959. The …

SURAIN SINGH (DEAD) BY LRS. AND ORS.versusMEHENGA (DEAD) BY LRS.

1996 INSC 164Dismissed

The appellants challenged a sale deed dated 29 September 1959, alleging that it was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit, finding the deed valid; the first appellate court reversed that finding, holding that adequate consideration had …

C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.

1996 INSC 154Dismissed

The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport …

SURJIT SINGHversusSTATE OF PUNJAB AND ORS.

1996 INSC 157Appeal(s) allowed

Surjit Singh, a Deputy Superintendent of Police, underwent emergency bypass surgery in London while on leave and claimed Rs 3 lakh reimbursement. The State of Punjab initially refused, later paying Rs 40,000 based on AIIMS rates. Singh appealed, seeking reimbursement at the higher rates of Escorts …

CHAIRMAN AND MANAGING DIRECTOR, PUNJAB NATIONAL BANKversusRAJENDRA NATH CHAWLA

1996 INSC 155Appeal(s) allowed

The appellant bank promoted the respondent officer to MMG Scale II on the condition that he serve two years in a rural branch, and barred any officer who refused such posting from promotion for two years. The respondent refused the rural posting in 1990, later cancelled a subsequent posting in 1992, …

U.P. JAL NIGAM AND ORS.versusPRABHA T CHANDRA JAIN AND ORS.

1996 INSC 158Dismissed

The Supreme Court considered a petition by U.P. Jal Nigam challenging the view that downgrading entries in an employee's annual confidential report (ACR) are adverse entries requiring mandatory communication and a representation under service rules. The High Court had held that any reduction in the …

U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL

1996 INSC 156Dismissed

The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years …

HINDUSTAN SHIPYARD LTD. AND ORS.versusDR. P. SAMASIVA RAO ETC.

1996 INSC 152Appeal(s) allowed

Three medical officers were appointed on an ad‑hoc basis by Hindustan Shipyard Ltd. and later sought regularisation and parity pay. The Andhra Pradesh High Court directed that they be regularised with effect from 1 April 1986 and that they receive regular pay scales. On appeal, the Supreme Court …

MS. SAVITA SAMVEDI AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 153Appeal(s) allowed

The case involved a retiring railway employee (appellant No.2) who sought to have his married daughter, also a railway employee (appellant No.1), regularised in the railway quarter allotted to him. The Railway Board circular dated 11 August 1992 allowed regularisation only for a son or an unmarried …

VINEET NARAIN AND ORSversusUNION OF INDIA AND ANR.

1996 INSC 147Disposed off

The petitioners alleged that the CBI and other government agencies had failed to investigate thoroughly the hawala transactions uncovered during raids, which implicated politicians, bureaucrats and criminals. They sought the Supreme Court’s intervention under Article 32 to compel the agencies to …

RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.

1996 INSC 148Appeal(s) allowed

The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was …

STATE OF HARYANAversusCHANDRA MANI AND ORS.

1996 INSC 150Appeal(s) allowed

The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" …

THE COMMISSIONER OF INCOME TAX CENTRAL-I, BOMBAYversusMESSRS EMPIRE ESTATE, BOMBAY

1996 INSC 137Dismissed

The assessee, a partnership firm of three partners, lost one partner on 12 January 1974. The partnership deed did not contain a clause allowing the firm to continue after a partner's death, so under Section 42 of the Partnership Act the firm dissolved on that date. The surviving partners formed a …

RAGHBIR SINGHversusSTATE OF HARYANA

1996 INSC 138Dismissed

Raghbir Singh was caught with opium during a police raid and was offered the choice of being searched by the police officer or before a Gazetted Officer; he chose the latter and the search yielded the contraband. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous …

KESAR SINGH AND ORS.versusSADHU

1996 INSC 139Appeal(s) allowed

The respondents filed a suit in 1978 to recover possession of land based on a 1924 declaratory decree that arose from a customary right to contest alienation under the Punjab Custom (Power to Contest) Act, 1921. The appellants, who had purchased the land, challenged the decree, arguing that the 1973 …

SATISH KUMARversusTHE JALANDHAR IMPROVEMENT TRUST, JALANDHAR AND ANR.

1996 INSC 140Dismissed

The petitioner, Satish Kumar, challenged his appointment as Pumpset Operator by the Jalandhar Improvement Trust, claiming entitlement to equal pay under Article 39(d) and Article 14 of the Constitution. He argued that despite lacking the minimum qualification prescribed for the post, he performed …

STATE OF HARYANAversusPALA AND ORS.

1996 INSC 141Appeal(s) allowed

In December 1989, the deceased Rati Ram was attacked by two accused who struck him with musals on the head and body, causing multiple injuries. He died five days later from septicaemia that the autopsy report linked to the head injury, which was deemed sufficient to cause death in the ordinary …

MALKIAT SINGHversusSTATE OF PUNJAB AND ORS.

1996 INSC 142Appeal(s) allowed

Malkiat Singh, a police constable appointed on 20 April 1990, was discharged on 22 July 1992 on the grounds of prolonged absence and alleged irregular attendance, which the authorities claimed demonstrated his inefficiency. The record showed three instances of absence: a six‑hour tardiness on 10 …

DR. P.N. PURI AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 143Dismissed

The petitioners, who were employees of urban local bodies, filed a writ petition seeking equal pay on par with Medical Officers at a scale of Rs. 2200‑4000 and arrears dating back to 1986. The Anomaly Committee had recommended that such employees be placed on the said pay scale, effective from 7 …

KARAM SINGHversusSTATE OF PUNJAB & ANR.

1996 INSC 144Dismissed

Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. …

S.C. MANDAKKI ETC.versusTHE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICE ETC.

1996 INSC 145Dismissed

The appellant, appointed as a Junior Laboratory Technician on 3 May 1979, voluntarily transferred to the post of First Divisional Assistant on 28 October 1986 within the same department. He sought an advance increment under Karnataka Civil Services (Time Bound Advancement) Rules, 1983, which is …

SRI NARAYAN BAL AND OTHERSversusSRI SRIDHAR SUTAR AND OTHERS

1996 INSC 146Dismissed

The eldest male member of a joint Hindu family, acting as Karta, together with two widows who were also guardians of their minor sons, executed a sale deed of family lands. The plaintiffs, members of the same family, challenged the sale alleging fraud and contended that the Karta lacked authority …