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Judgments of 1996

1535 judgments · newest first · showing 1401–1535

INSPECTOR GENERAL OF POLICE AND ANR.versusTHAVASIAPPAN

1996 INSC 131Appeal(s) allowed

A Sub‑Inspector of Police was charged with accepting a bribe and failing to register a criminal case. A Deputy Superintendent of Police framed the charge‑memo, conducted the inquiry and sent a report to the Deputy Inspector General, who imposed compulsory retirement. The Sub‑Inspector appealed to …

STATE OF U.P. AND ANR.versusRAJENDRA SINGH

1996 INSC 132Appeal(s) allowed

The State of U.P. acquired 5.357 acres of agricultural land in Azamgarh for a project. The Land Acquisition Officer initially fixed compensation at Rs 3,658.87 per acre, which the claimant challenged under Section 18 of the Land Acquisition Act, 1894. The reference court raised the award to Rs …

STATE OF MADHYA PRADESHversusS.S. AKOLKAR

1996 INSC 134Appeal(s) allowed

The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after …

STATE OF U.P.versusBANKE SINGH AND ANR

1996 INSC 135Appeal(s) allowed

The State appealed against the order that excluded a parcel of land from surplus land on the basis of a will executed in 1978. The respondents claimed a one‑fourth share in the surplus land, arguing that the will of Smt. Gajraji bequeathing the share to her nephew should exempt the land from ceiling …

S. SWVIGARADOSSversusZONAL MANAGER, F.C.I.

1996 INSC 136Dismissed

The petitioner, born in 1941 to parents who had converted to Christianity before his birth, later reconverted to Hinduism at age 14 and claimed to be an Adi‑Dravida Scheduled Caste to obtain SC benefits in his employment with the Food Corporation of India. He filed a suit for a declaration of …

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 121Dismissed

Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State …

STATE OF ORISSA AND ORS.versusARNAB KUMAR DUTTA

1996 INSC 126Appeal(s) allowed

The State of Orissa appealed against an Orissa Administrative Tribunal order that a draughtsman be retained in service up to the age of 60. The central question was whether a draughtsman qualifies as a "workman" under the second proviso to Rule 71(a) of the Orissa Service Code, which would entitle …

S.B. INTERNATIONAL LTD. ETC.versusASSTT. DIRECTOR GENERAL OF F.T. AND ORS. ETC.

1996 INSC 128Disposed off

S.B. International Ltd., an exporter of marine products, applied for advance licences under the Duty Exemption Scheme of the Export and Import (Control) Act, 1947 between May and September 1992. On 25 September 1992 the government raised the value‑addition norm from 1000% to 1900% and later issued …

KARAN SINGH AND ORS. ETC.versusBHAGWAN SINGH (DEAD) BY L.R. AND ORS. ETC.

1996 INSC 129Appeal(s) allowed

Bhagwan Singh, a co‑owner of undivided joint‑family agricultural land, sold portions of the land in specie to strangers who later sold parts to Karan Singh (the appellant). Bhagwan Singh filed a suit for pre‑emption under the Punjab Pre‑emption Act, 1913, claiming his co‑owner right. The trial court …

YADAVRAO P. PATHADE (DEAD) BY LRS. ETC.versusSTATE OF MAHARASHTRA

1996 INSC 122Disposed off

The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the …

STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM

1996 INSC 123Appeal(s) allowed

The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, …

STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.

1996 INSC 124Appeal(s) allowed

The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage …

RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.

1996 INSC 125Appeal(s) allowed

The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was …

VINEET KUMAR MATHURversusUNION OF INDIA AND ORS.

1996 INSC 118Disposed off

The Supreme Court had ordered the closure of Mohan Meakin's plant on 1 April 1993 for failure to meet anti‑pollution standards. The company’s managing director and CEO operated the plant from 7‑11 April and later obtained a consent from the Uttar Pradesh Pollution Control Board on 21 April, …

HUSNA AND ORS.versusSTATE OF PUNJAB

1996 INSC 119Case Partly allowed

The case involved three brothers—Husna, Rupa and Jalour Singh—accused of house trespass, murder of Salish Kumar and illegal possession of arms. The FIR did not name the accused; they were later identified in a supplementary statement recorded by police during investigation. The Supreme Court held …

NITASHA PAULversusMAHARISHI DAYANAND UNIVERSITY ROHTAK AND ORS.

1996 INSC 115Appeal(s) allowed

Nitasha Paul, a second‑year B.D.S. student from Karnataka, applied to migrate to the Government Dental College, Rohtak for the 1993‑94 academic year. A sub‑committee recommended her for one of the eight vacant seats based on merit and her domicile certificate, but the Vice‑Chancellor ignored the …

HARBANS LALversusSTATE OF PUNJAB

1996 INSC 120Appeal(s) allowed

Harbans Lal was convicted for the murder of his wife Punni Devi, who died from burns, along with his two sons. The trial court sentenced all three to life imprisonment; the High Court acquitted the sons but upheld the husband's conviction. On appeal, the Supreme Court examined the prosecution's …

STATE OF RAJASTHANversusRAM NARAIN AND ORS.

1996 INSC 116Appeal(s) allowed

The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a …

SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.

1996 INSC 117Granted

The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities …

THE STATE OF PUNJAB AND ANR.versusDHARAM PAUL AND ORS.

1996 INSC 109Appeal(s) allowed

The State of Punjab appealed a Punjab & Haryana High Court order that had allowed a group of industrial training institute instructors to have their salaries stepped up to match those of junior instructors who were receiving higher pay. Prior to 1961 all instructors were on a uniform pay scale, but …

MANOHAR LALversusSTATE OF RAIASTHAN

1996 INSC 111Dismissed

Manoharlal appealed against his conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that Section 50 was not complied with because he was not given a choice to be searched in the presence of a gazetted officer or a magistrate. The petitioner argued that the statute …

UNION OF INDIA AND ORS.versusSMT. DARSHNA DEVI

1996 INSC 112IA disposed

The Supreme Court had earlier disposed of an appeal and dismissed review petitions filed against its order. Subsequently, the parties filed applications seeking clarification and modification of that order, claiming the Court's inherent power. The Court examined whether such applications could be …

M/S ELECTRONICS TRADE AND TECHNOLOGY DEVELOPMENT CORPN., LTD., SECUNDERABADversusM/S. INDIAN TECHONOLOGISTS AND ENGINEERS (ELECTRONICS) PVT. LTD. ANR.

1996 INSC 114Appeal(s) allowed

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque dated 30‑06‑1990 was dishonoured due to insufficient funds and that the drawer had instructed the bank to stop payment, as indicated by the bank’s endorsement. A notice demanding payment …

DIRECTOR OF ENFORCEMENTversusM/S M.C.T.M. CORPORATION PVT. LTD. AND ORS.

1996 INSC 100Appeal(s) allowed

The Directorate of Enforcement prosecuted M.C.T.M. Corp. Ltd. and its directors for failing to repatriate foreign exchange held in Malaysia for over fifteen years, alleging contravention of Section 10(1)(a) of the Foreign Exchange Regulation Act, 1947 (FERA) and imposing penalties under Section …

MULAK RAJ AND ORS .versusSTATE OF HARYANA

1996 INSC 104Appeal(s) allowed

Krishna Kumari, a well‑educated teacher, was found burnt in the kitchen of her matrimonial home about two months after her marriage. The prosecution alleged that her father‑in‑law, husband, sister of the husband and sister‑in‑law killed her over dowry demands, relying on motive, alleged …

SMT. JAYA DEVIversusTHE STATE OF BIHAR AND ORS.

1996 INSC 105Appeal(s) allowed

Smt. Jaya Devi, an assistant teacher, was terminated by the Bihar Directorate of Education in 1990 and successfully obtained reinstatement through a writ petition before the Patna High Court. In a later, unrelated writ petition filed by another teacher, the same High Court judge, believing his …

STATE OF HARYANA AND ORS.versusD.L. UPPAL

1996 INSC 106Appeal(s) allowed

The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending …

AHMEDABAD MUNICIPAL CORPN. ETC. ETC.versusSHARDABEN AND ORS. ETC. ETC.

1996 INSC 107Dismissed

The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the …

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.versusINDERJEET SAWHNEY

1996 INSC 92Appeal(s) allowed

The Haryana State Industrial Development Corporation Ltd. (HSIDC) offered Inderjeet Sawhney a provisional allotment of one acre of industrial land in 1984, subject to fulfillment of pre‑requisites and a final allotment letter. Sawhney failed to meet those conditions, and the parties later agreed …

M/S. ALANKAR GRANITES INDUSTRIES AND ORS.versusP.G.R. SCINDIA, MLA AND ORS.

1996 INSC 91Dismissed

The Karnataka Government, after amending Rule 3A of the Karnataka Minor Mineral Concession Rules, 1969 to relax a prohibition on quarry leases for certain granites, issued an order on 18 June 1991 granting 203 quarry leases under Rule 3. The petitioners challenged these grants, arguing they violated …

PURAN SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 93

The appellants filed a writ petition under Articles 226 and 227 of the Constitution challenging an order of the Additional Director, Consolidation of Holdings, Punjab, relating to land allocation under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. During the …

STATE OF BIHARversusSRI RA.IENDRA AGRAWALLA

1996 INSC 94Appeal(s) allowed

The police seized a truck loaded with stolen railway track pieces and recorded a report, treated as an FIR, alleging that the goods were loaded from the factory of Rajendra Agarwalla. A charge‑sheet was filed and the magistrate took cognizance of an offence under Section 414 IPC. The respondent …

VASAVADATTA CEMENTS ETC.versusSTATE OF KARNATAKA AND ANOTHER

1996 INSC 95Appeal(s) allowed

Vasavadatta Cements, a cement manufacturer, challenged the constitutional validity of Section 5(3‑D) of the Karnataka Sales Tax Act, 1957, which made packing material (gunny/plastic bags) taxable. The Karnataka High Court dismissed the challenge, relying on Ranganatha Associates and the Supreme …

LIFE INSURANCE CORPORATION OF INDIAversusSHIVA PRASAD TRIPATHI AND ORS.

1996 INSC 96Appeal(s) allowed

Shiva Prasad Tripathi, a former employee of Life Insurance Corporation of India, was allotted corporation premises which he was required to vacate after his service ended. He refused to leave, prompting the Estate Officer to issue a notice and subsequently an eviction order under Section 7 of the …

M/S. MURLIDHAR SHYAMLAL AND ANR .versusSTATE OF ASSAM

1996 INSC 97Dismissed

Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued …

RADHIKA DEVIversusBAJRANGI SINGH AND ORS.

1996 INSC 98Dismissed

The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was …

SH. S.V. BHIMA BHATIA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.

1996 INSC 99Disposed off

The appellants, government servants who continued in service beyond the normal superannuation age due to a fluctuation in the retirement age, claimed that their pension should be calculated on the basis of the age of 60, including the residue period they served. The State argued that pension should …

AFZAL AND ANR.versusSTATE OF HARYANA AND ORS.

1996 INSC 84Disposed off

Two minor boys were illegally detained by police to coerce a criminal suspect. The Supreme Court ordered the police to file counter‑affidavits denying the detention, but the affidavits were later found to be false and the signature of Superintendent M.S. Ahlawat was forged by a head constable on …

PANNALAL BANSILAL PITTI AND ORS. ETC.versusSTATE OF ANDHRA PRADESH

1996 INSC 85Disposed off

The petitioners, hereditary trustees of several Hindu charitable and religious institutions in Andhra Pradesh, challenged Sections 15, 16, 17, 29(5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, alleging violations of Articles 14, 15, 25 and 26 …

THE INCOME TAX APPELLATE TRIBUNAL, HYDERABAD SPECIAL BENCH, HYDERABADversusTHE DEPUTY COMMISSIONER OF INCOME-TAX (ASSTTS.) III , HYDRABAD , ANDHRA PRADESH AND ORS.

1996 INSC 86Disposed off

Three income‑tax appeals before the Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) involved a common question of law under section 115‑J of the Income Tax Act. The President of the ITAT, exercising his power under section 255(3), constituted a Special Bench of three members to hear the …

PADANATHIL RUGMINI AMMAversusP.K. ABDULLA

1996 INSC 87Appeal(s) allowed

The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, …

HARYANA WAREHOUSING CORPORATIONversusRAM AVTAR AND ANR.

1996 INSC 88Appeal(s) allowed

Ram Avtar, a Mali‑cum‑Chowkidar employed by Haryana Warehousing Corporation, was stopped at the efficiency bar for the years 1988 and 1989 and faced adverse remarks in his 1986‑87 confidential report. He challenged the orders through writ petitions; the High Court dismissed the first petition but …

KESAVENCHARI GOPALKRISHNAN ACHARIversusVELU ACHARI PAPPUKUTTY ACHARI AND ORS.

1996 INSC 89Dismissed

The case concerned a partition suit over land originally owned by Ummini, whose five sisters inherited his interest and executed an Ottikuzhikanam deed in favour of the first defendant. The first defendant later released his interest to the second defendant, who also obtained a sale deed from a man …

KARNATAKA PUBLIC SERVICE COMMISSIONversusP.S. RAMAKRISHNA

1996 INSC 80Appeal(s) allowed

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not …

STATE OF TAMIL NADU AND ORS.versusL. KRISHNAN AND ORS.

1996 INSC 83Disposed off

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a …

CHOLAMANDALAM INVESTMENTS AND FINANCE CO. PVT. LTD.versusRADHIKA SYNTHETICS AND ANR.

1996 INSC 73Disposed off

Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming …

RAM SARANversusPYARE LAL AND ANR.

1996 INSC 74Appeal(s) allowed

The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control …

DELHI CLOTH AND GENERAL MILLS CO. LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 72Appeal(s) allowed

Delhi Cloth & General Mills Ltd. and another established a fertiliser unit in the villages of Raipura and Ummedganj, which were treated as part of Kota municipality and were levied octroi. The State of Rajasthan later issued a Kota Municipal Limits (Continued Existence) Validating Act, 1975 that …

THE STATE OF PUNJABversusGURMIT SINGH ANR ORS.

1996 INSC 75Appeal(s) allowed

The State of Punjab appealed the acquittal of Gurmit Singh and two others for abduction, wrongful confinement and rape of a minor girl. The trial court had disbelieved the prosecutrix, citing her ignorance of car details, alleged delay in filing the FIR, and alleged family enmity. The Supreme Court …

S. CHINNAPPA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 76Appeal(s) allowed

The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in …

THE SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusV.T. VELU AND ORS.

1996 INSC 78Appeal(s) allowed

The Special Land Acquisition Officer sought to acquire 1 acre 6 guntas of land for defence purposes. The land was requisitioned in 1965 and rentals were fixed at Rs 4 per sq ft under the Acquisition and Requisition of Immovable Property Act, 1952. The Collector’s award under the Land Acquisition …

KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. AND ORS.versusATTAH KASIM AND ORS.

1996 INSC 79Dismissed

The Supreme Court examined a civil appeal challenging a preliminary decree for partition of the Konchukakkada property. The trial court had placed the burden of proof on the plaintiffs, a view corrected by the appellate court, but the appellate court failed to properly consider key documentary …

THE STATE OF MADHYA PRADESHversusHLRALAL AND ORS.

1996 INSC 66Appeal(s) allowed

The State of Madhya Pradesh acquired land belonging to Hiralal and others and the respondents claimed compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, which purported to provide enhanced compensation and solatium. The High Court had allowed their claim, but the State …

M. V. K.GUNDARAOversusREVENUE DIVISIONAL OFFICER, (L.A.O.), NARASARAOPET

1996 INSC 67Dismissed

The case concerned compensation for land acquired under the Land Acquisition Act, 1894 for a telephone exchange in Narasaraopet. The acquisition officer initially awarded Rs 40 per square yard, which was enhanced to Rs 75 per square yard by the Subordinate Judge on the basis of four sale deeds …

RAMESH SINGH (DIED) BY L.RS. AND ORS.versusSTATE OF HARYANA AND ORS.

1996 INSC 68Dismissed

The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree …

IMPROVEMENT TRUST, SANGRURversusGURJJT SINGH SANDHU AND ORS.

1996 INSC 69Appeal(s) allowed

The case concerned an appeal by Improvement Trust, Sangrur against Gurjjt Singh Sandhu and others under the Land Acquisition Act, 1894. The dispute centered on whether the respondents were entitled to the additional amount provided under Section 23(1A) of the Act, as amended by Act 68 of 1984. The …

MEDICAL COUNCIL OF INDIA AND ANR.versusTHE STATE OF RAJASTHAN AND ANR.

1996 INSC 70Appeal(s) allowed

The second respondent, who held an M.Sc. in Medical Biochemistry and worked as a professor, applied to be entered in the State Medical Register but was denied because he lacked an MBBS degree. He obtained a writ order from the Rajasthan High Court directing his registration, which was later set …

SMT. NUT.AN ARVINDversusUNION OF INDIA AND ANR.

1996 INSC 71Dismissed

The case concerned Smt. Nutan Arvind, a Central Civil Services officer who was not included in the promotion panel prepared by the Departmental Promotion Committee (DPC) for a vacancy that arose before 12 May 1988. The appellant contended that the DPC had wrongly applied the post‑May 1988 …

DR. K.R. LAKSHMANAN ETC. ETC.versusSTATE OF TAMIL NADU AND ANR.

1996 INSC 57Appeal(s) allowed

The Madras Race Club, a company that conducts horse races, challenged the Tamil Nadu Horse Races (Abolition and Wagering or Betting) Act, 1974 and the Madras Race Club (Acquisition and Transfer of Undertakings) Act, 1986. The Court held that horse racing is a game of "mere skill" under Section 49 of …

RANGANATH PARMESWAR PANDJTRAO MALI AND ANR.versusEKNATH GAJANAN KULKARNI AND ANR.

1996 INSC 58Appeal(s) allowed

The plaintiffs, sons of the deceased Panditrao and his alleged wife Shevantabai, sued for an injunction to protect their possession of a 3.18‑hectare property, claiming they were legal heirs. The trial court accepted the admission that Shevantabai lived with Panditrao as his wife, applied the legal …

SARAL KUMARversusSTATE OF HARYANA AND ORS.

1996 INSC 59Disposed off

The appellant, Saral Kumar, challenged the validity of Sections 37 and 38 of the Haryana Sales Tax Act. The High Court had already struck down Section 38, a decision affirmed by the Supreme Court, and Section 37 had been upheld in earlier cases. The Supreme Court clarified the requirement under …

UNION OF INDIA AND ORS.versusSMT. SATYAWATI AND ORS.

1996 INSC 60Appeal(s) allowed

The Supreme Court considered appeals filed by the Union of India against High Court orders directing the appointment of an arbitrator under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952. The claimants had not raised any objections to the arbitrator's award …

R.C. CHAWLAversusSTATE OF HARYANA AND ORS.

1996 INSC 61Disposed off

The appellant, R.C. Chawla, was allotted a residential plot by the Haryana Urban Development Authority (HUDA) on the condition that it not be used for commercial purposes. He allegedly used the premises for commercial activity, prompting HUDA to issue a resumption order. The appellant submitted an …

STATE OF HARYANA AND ORS. ETC.versusO.P. GUPTA ETC.

1996 INSC 62Appeal(s) allowed

The respondents, engineers of the Haryana Public Works Department, were given notional promotions based on a seniority list prepared under Rule 9 of the 1970 Service Engineers Rules, with a deemed promotion date of 1 January 1983, but they only assumed the higher posts on 1 December 1992. They filed …

BANK OF BARODAversusR.M. PATWA AND ANR.

1996 INSC 63Appeal(s) allowed

The Bank of Baroda obtained a money decree against R.M. Patwa for Rs 55,000 with interest and filed an execution application. Patwa sought, under Section 151 CPC, to have amounts crediting a third‑party, G.K. Kakkani, adjusted against his decree debt. The Additional District Judge ordered such …

SAM HIRING CO.versusA.R. BHUJBAL AND ORS .

1996 INSC 64Dismissed

The appellant, Sam Hiring Co., a tenant occupying a shed in City Survey No. 56, challenged the acquisition of its premises under the Maharashtra Housing and Area Development Act, 1976, arguing that the structure was an independent, non‑cess‑payable building and therefore exempt from demolition. It …

SMT. RAJNIBAI @ MANNUBAIversusSMT. KAMLA DEVI AND ORS.

1996 INSC 65Appeal(s) allowed

The appellant filed a suit for declaration of title to a property and simultaneously applied under Order 39 Rules 1 and 2 of the CPC for a temporary injunction to protect his possession. The trial court granted the injunction, but the High Court reversed the order, holding that where there is no …

IN RE M.P. DWIVEDI AND ORS.versus.

1996 INSC 48Disposed off

The Supreme Court examined the handcuffing of under‑trial prisoners, members of the Khedut Mazdoor Chetna Sangath, while being transferred between jail and court, which was done without written authorisation from a magistrate as required by Madhya Pradesh Police Regulation 465. Earlier Supreme Court …

KERALA FINANCIAL CORPORATION ETC.versusCOMMISSIONER OF INCOME TAX, KERALA

1996 INSC 49Disposed off

The Supreme Court considered applications filed by the revenue challenging certain observations made in its earlier judgment in the appeals of Kerala Financial Corporation and others. The contested observations (paras 9‑15) held that when advances are written off and become bad debts, the assessee …

STATE OF JAMMU AND KASHMIRversusDR. ASHOK KUMAR GUPTA AND ORS.

1996 INSC 51Appeal(s) allowed

The State of Jammu & Kashmir appealed against a High Court order that had refused to condone a three‑month delay in filing an appeal against a promotion order for certain lecturers. The lecturers had been appointed on a regular basis but had not completed the seven years of regular service required …

SH.MULKRAJversusSH. SUNDER DAS AND ORS.

1996 INSC 52Disposed off

The appellant, who had obtained possession of certain plots in New Delhi, filed a suit for a mandatory injunction against the third respondent, which became final. Subsequently, the appellant and the first two respondents each purchased a one‑third share of the property, leading to a partition suit …

STATE OF KARNATAKA AND ORS.versusB.S. NANJUNDAIAH

1996 INSC 53Appeal(s) allowed

The State of Karnataka filed a land acquisition proceeding against B.S. Nanjundaiah under the Land Acquisition Act, 1894. A notification under Section 4(1) was published on 6 December 1973 and a declaration under Section 6 on 3 February 1975, but the respondent challenged them for lack of an enquiry …

NARANBHAI DAYABHAI PATEL AND ANR.versusSULEMAN ISUBJI DADABHAI

1996 INSC 54Appeal(s) allowed

The appellants, Naranbhai Patel and another, became deemed purchasers of agricultural land under Section 32 of the Bombay Tenancy & Agricultural Lands Act, 1948, effective 1 April 1957. The respondent, the former landowner, executed a trust deed and registered it under the Bombay Public Trusts Act, …

SMT. AFSAR JAHAN BEGUM ETC.versusSTATE OF MADHYA PRADESH AND ORS. ETC.

1996 INSC 55Dismissed

The petitioners, private bus operators, sought to ply their vehicles on routes intersecting notified routes, invoking a modification under Section 102(2) of the Motor Vehicles Act, 1988 that relaxes the distance restriction to 25 kilometres. The State Government had issued a notification allowing …

STATE OF UTTAR PRADESH AND ORS.versusDR. RAMESH PRASAD

1996 INSC 56Appeal(s) allowed

Dr. Ramesh Prasad, a teacher at Moti Lal Nehru Medical College (a college maintained by the Uttar Pradesh Government), filed a writ petition seeking to remain in service until the age of 60, the superannuation age prescribed for university teachers under the U.P. State University Act. The Allahabad …

STATE OF BIHAR AND ORS.versusMD. KALIMUDDIN AND ORS.

1996 INSC 45Appeal(s) allowed

The State of Bihar prepared a panel of 273 candidates for Assistant Teacher posts under the 1975 Bihar Government Assistant Teachers Service Encadrement Appointment and Transfer Rules. While 98 candidates were appointed (91 joined), the remaining candidates were placed on a waiting list. The High …

THE CHURCH OF SOUTH INDIA TRUST ASSOCIATIONversusTHE TELUGU CHURCH COUNCIL

1996 INSC 46Dismissed

The Church of South India Trust Association (CSITA) claimed that the Telugu Church Council (TCC) had merged into the Church of South India in 1947 and therefore the properties transferred to CSITA were held in trust. TCC contested the merger and sought declaration of its continued existence. Earlier …

KARUMANDA GOUNDERversusMUTHUSWAMY GOUNDER AND ORS.

1996 INSC 47Dismissed

Karumanda Gounder appealed against a High Court order that upheld the sale of a parcel of land originally gifted by his brother Komaraswamy Gounder to a third party and then sold to Muthuswamy Gounder. Karumanda claimed the land was joint family property and that his brother, being a "mild lunatic," …

UNION OF INDIAversusS.S. UPPAL AND ANR.

1996 INSC 34Appeal(s) allowed

S.S. Uppal, a State civil servant, was selected for absorption into the Indian Administrative Service (IAS) against a non‑state quota. Although his name appeared in a panel for a vacancy that arose on 1‑Feb‑1989, he was actually appointed on 15‑Feb‑1989, after the seniority rules were amended on …

PATEL MOT!BHAI NARANBHAI AND ANR.versusDINUBHAI MOTIBHAI PATEL AND ORS.

1996 INSC 35Appeal(s) allowed

The dispute concerned ownership of certain properties and was referred to arbitration, resulting in an award on 26 February 1986. Neither party applied to file the award in court within the 30‑day period prescribed by Article 119 of the Limitation Act, 1963. Six years later, the arbitrator himself …

SYAM SUNDER AGARWAL AND CO.versusUNION OF INDIA

1996 INSC 36Dismissed

Syam Sunder Agarwal & Co. entered into a contract with the Union of India, which later gave rise to an arbitration award of Rs. 6,72,645.56 in favour of the appellant. The award was made a rule of court by the Assistant to the Deputy Commissioner, Shillong, and the Union of India appealed the award …

BEHARI PRASAD ETC. ETC.versusSTATE OF BIHAR

1996 INSC 37Dismissed

The Supreme Court examined appeals by four accused convicted of murder, rioting and related offences under the IPC and Arms Act. The prosecution case rested on eye‑witness testimony of close relatives of the deceased, who were present at the scene when the accused allegedly assaulted the victim and, …

NATIONAL HUMAN RIGHTS COMMISSIONversusSTATE OF ARUNACHAL PRADESH AND ANR.

1996 INSC 38Case Allowed

The National Human Rights Commission filed a writ petition under Article 32 on behalf of about 65,000 Chakma refugees settled in Arunachal Pradesh, alleging persecution, quit notices and threats of eviction by the All Arunachal Pradesh Students Union. The Chakmas had applied for Indian citizenship …

STATE OF MAHARASHTRA AND ANR.versusM/S. NATIONAL CONSTRUCTION CO., BOMBAY AND ANR.

1996 INSC 39Appeal(s) allowed

The State of Maharashtra entered into a construction contract with National Construction Co. and obtained a performance guarantee from the Central Bank of India. When the contractor abandoned the work, the State sued the bank alone for the guaranteed amount; the suit was dismissed for non‑joinder of …

UNION OF INDIA AND ORS.versusKAMATH HOLIDAY RESORTS PVT. LTD.

1996 INSC 40Disposed off

The Union of India leased a site in a reserved forest in the Union Territory of Daman to Kamath Holiday Resorts for a snack bar and restaurant. The Conservator of Forests objected, invoking Section 2 of the Forest (Conservation) Act, 1980, which restricts de‑reservation or non‑forest use of forest …

MIS NATIONAL ALUMINIUM CO. LTD.versusRAJ KISHORE @ SAHU JENA AND ANR.

1996 INSC 41Appeal(s) allowed

The appellant, Mis National Aluminium Co. Ltd., sought to enforce its right as a beneficiary of compensation under the Land Acquisition Act, 1894, in pending proceedings before the Sub‑Judge of Angul. The respondents, Raj Kishore @ Sahu Jena and others, were served notice but failed to appear. The …

GHAZIABAD DEVELOPMENT AUTHORITYversusJAN KALYAN SAMITI, SHEOPURI, GHAZIABAD AND ANR.

1996 INSC 42Appeal(s) allowed

The Ghaziabad Development Authority (GDA) acquired land by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 25‑02‑1986 and a declaration under Section 6 on 26‑02‑1986, both of which were published together on 10‑04‑1986. The respondents challenged the acquisition, …

MOHAMED IQBAL MADAR SHEIKH AND ORS.versusTHE STATE OF MAHARASHTRA

1996 INSC 26Dismissed

The appellants were charged under the IPC and Sections 3(1) and 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for setting fire to a house during the 1993 Bombay riots, resulting in many deaths. The Designated Court denied bail, and the appellants contended that because …

DR. BIPIN SHANTILAL PANCHALversusSTATE OF GUJARAT

1996 INSC 27Dismissed

Dr. B.S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act on 8 November 1993. Both the City Sessions Judge and the Gujarat High Court denied his bail applications, relying on Section 37 of the NDPS Act and the precedent set in Narcotics Control Bureau v. Kishan …

COMMISSIONER OF INCOME-TAX, ORISSAversusM/S. KALINGA TUBES LTD.

1996 INSC 28Appeal(s) allowed

Kalinga Tubes Ltd., a steel tube manufacturer, was assessed for central sales tax for the year 1962-63. The Sales Tax Officer demanded Rs 11,02,698 in 1966, which the Sales Tax Tribunal reduced to Rs 2,22,161 in 1970. The assessee claimed this amount as a deduction under Section 37 of the Income‑Tax …

KESHABO AND ANR.versusSTATE OF M.P. AND ORS.

1996 INSC 31Dismissed

The appellants purchased Bhumiswami rights of tribal land from Somu Gond in 1960. Section 165(6) of the Madhya Pradesh Revenue Code requires prior permission from a Collector before such alienation to a non‑tribal person, and no permission was obtained. The Board of Revenue held the sale void, a …

RAMESH CHANDRA TIWARI AND ANR.versusU.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND ORS.

1996 INSC 32Disposed off

The Supreme Court considered an appeal by Ramesh Chandra Tiwar and another against the U.P. Avas Evam Vikas Parishad concerning land acquisition under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The key issue was whether Section 6 of the Land Acquisition Act, 1894 and the 1984 Amendment Act …

A.J. JOSEPHversusUNION OF INDIA AND ORS.

1996 INSC 33Dismissed

A.J. Joseph, a Head Compounder posted in the Andaman & Nicobar Islands, appealed against the Government's refusal to grant him a higher scale of pay under Fundamental Rule 9(25) clause 7(iii). The Central Administrative Tribunal had held that prescribing a higher pay scale was a policy decision …

THE AJMER CENTRAL COOPERATIVE BANK LTD. AJMER, THROUGH THE MANAGING DIRECTORversusTHE PRESCRIBED AUTHORITY UNDER THE RAJASTHAN SHOPS AND CO. ESTABLISHMENT ACT, AIMER AND ORS.

1996 INSC 21Dismissed

The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and …

COMMISSIONER OF INCOME-TAXversusMANOHARLAL GUPTA AND CO.

1996 INSC 23Appeal(s) allowed

The appellant‑Commissioner of Income Tax appealed against the Calcutta High Court’s decision that the assessment of Manoharlal Gupta & Co. as an unregistered firm for AY 1961‑62 was improper. The firm had been assessed by one Income‑Tax Officer (ITO‑C) while a partner, Manoharlal Gupta, had earlier …

CENTRAL BUREAU OF INVESTIGATIONversusNAZIR AHMED SHEIKH

1996 INSC 24Appeal(s) allowed

Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year …

VAZIR GLASS WORKS LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ANR.

1996 INSC 15Disposed off

The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which …

MRS. VALSAMMA PAUL ETC.versusCOCHIN UNIVERSITY AND ORS. ETC.

1996 INSC 16Dismissed

The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled …

RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.

1996 INSC 18Dismissed

The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the …

OMKAR NAMDEO JADHAO AND ORS.versusSECOND ADDITIONAL SESSIONS JUDGE BULDANA AND ANR.

1996 INSC 19Appeal(s) allowed

The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC …

COMMON CAUSEversusUNION OF INDIA AND ORS.

1996 INSC 20Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by Common Cause seeking remedial measures for the serious deficiencies in India’s blood‑banking system. A 1990 consultancy report highlighted widespread unlicensed banks, reliance on professional donors, inadequate testing, …

B. G. KUMARVELU AND ANR.versusK.R. KANAKARATHNAM CHETTY AND ORS.

1996 INSC 12Appeal(s) allowed

The dispute arose over the lease of the Opera House, a cinema building in Bangalore, which included fittings, furniture and some machinery but excluded projectors, amplifiers, screen and speakers. After a series of lease deeds spanning from 1944 to the 1970s, the respondents sought eviction of the …

MEETHIYAN SIDHIQUversusMUHAMMED KUNJU PAREETH KUTTY AND ORS.

1996 INSC 2Dismissed

The case concerned a sale of immovable property belonging to a Muslim minor, whose father had died. The mother, acting as guardian, executed the sale to the appellant in 1949. The question before the Supreme Court was whether, under Muslim law, the mother could be a legal guardian of the minor’s …

CANTONMENT BOARD AND ANR.versusMOHANLAL AND ANR.

1996 INSC 1Appeal(s) allowed

The appellant Cantonment Board issued notices under Sections 85, 256 and 185 of the Cantonment Act, 1924 demanding demolition of illegal construction on the respondent’s property. The respondent continued construction, filed a representation, and later filed a writ petition alleging violation of …

SIKH NEWSPAPER LTD.versusD.M. JALANDHAR AND ORS.

1996 INSC 3IA disposed

Sikh Newspaper Ltd., a newspaper company, was unable to function due to a deadlock among its shareholders. The Supreme Court had earlier ordered an arbitrator to determine the genuine shareholders as of 10‑Nov‑1987 and to fix a date for a general body meeting, directing the company to convene the …

DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1996 INSC 4Appeal(s) allowed

The appellant was appointed temporarily as a medical officer in March 1966, then drafted as a commissioned officer in the Army during a national emergency, and later regularized as a Civil Assistant Surgeon on 6 September 1966. The respondents were appointed temporarily on 29 September 1964 and …

KRISHNA KUMAR AGRAWAL AND ORS.versusJAI KUMAR JAIN AND ANR.

1996 INSC 5Disposed off

The case arose from a decree of the trial court directing the defendants to remove a wall that obstructed the plaintiffs' light and air, with a requirement to maintain a three‑foot setback from the northern wall. The appellants argued that the decree, if given a literal meaning, required demolition …

SHRI M.L. JAGGIversusMAHANAGAR TELEPHONES NIGAM LTD. AND ORS.

1996 INSC 6Appeal(s) allowed

M.L. Jaggi challenged three telephone bills issued by Mahanagar Telephones Nigam Ltd. The dispute was referred to arbitration under Section 7B of the Indian Telegraph Act, 1985, which makes the arbitrator's award conclusive and not open to court challenge. The arbitrator awarded the bills with a …

STATE OF MADHYA PRADESH AND ORS.versusKESHAV

1996 INSC 7Appeal(s) allowed

The respondent, an Agriculture Engineer, was alleged to have committed misconduct and, after retiring on superannuation on 31 July 1982, a disciplinary inquiry was initiated on 28 July 1984. He challenged the jurisdiction of the Government to prosecute a retired servant, arguing that the Governor …

U. P. KATTHA FACTORIES ASSOCIATIONversusTHE STATE OF U.P. AND ORS.

1996 INSC 8Dismissed

The appellant, an association of small‑scale Khair‑wood based industries, challenged a government policy that imposed a complete ban on registration of such units after 11 December 1986, arguing that it discriminated against units registered after that date and violated Article 14 of the …

DEPUTY DIRECTOR (MINERALS), DALONTGUNJ CIRCLE ETC.versusMUSTAK ALI AND ORS.

1996 INSC 9Appeal(s) allowed

The Supreme Court considered appeals by the Deputy Director (Minerals), Dalantgunj Circle and related officials against a Patna High Court order directing them to appoint candidates for Class III and IV posts from a list prepared by the Deputy Commissioner/District Magistrate. The appellants argued …

PUNJAB STATE ELECTRICITY BOARD PATIALA AND ANR.versusSAWINDER SINGH

1996 INSC 10Dismissed

The Punjab State Electricity Board (PSU) was directed to consider the promotion of Sawinder Singh as on 14 November 1986, after the Board had abolished its quota system and adopted a seniority‑cum‑merit principle. The Board appealed, arguing that the date of consideration was irrelevant because the …