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Judgments of 1997

846 judgments · newest first · showing 1–200

PAIARA LALversusSTATE OF PUNJAB AND ANR.

1999 INSC 312Appeal(s) allowed

The appellant, a police constable appointed in the former State of PEPSU in 1949, was allotted to Punjab after PEPSU merged with Punjab on 1 November 1956. PEPSU regulations prescribed a retirement age of 60 years for Class‑IV employees, whereas Punjab prescribed 58 years. The Superintendent of …

T.C. LIMITEDversusDEBTS RECOVERY APPELLATE TRIBUNAL

1997 INSC 832Appeal(s) allowed

The bank had issued letters of credit to the appellant (seller) for buyers, and the appellant drew funds despite alleged non‑shipment of cigarettes. The bank sued the buyers and the appellant for recovery of Rs 52,59,639.66. The appellant moved to reject the plaint under Order 7 Rule 11 CPC, …

STATE OF KERALAversusMADRAS RUBBER FACTORY

1997 INSC 830

The State of Kerala appealed against the Kerala High Court’s decision that the rubber cess imposed under the Rubber Act, 1947 could not be included in the purchase turnover of dealers for sales‑tax purposes. The dealers argued that the cess was payable only by the manufacturer and therefore not part …

MALPE V!SHWANATH ACHARYA AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

1997 INSC 831Disposed off

The appellants, a group of landlords, challenged Sections 5(10)(B), 11(1) and 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which fixed "standard rent" at the level prevailing on 1 September 1940 or at the first letting, thereby preventing rent increases. They argued …

VINEET NARAIN AND ORSversusUNION OF INDIA AND ANR.

1997 INSC 826Disposed off

The Supreme Court examined public‑interest writ petitions filed after the CBI seized diaries implicating senior politicians and bureaucrats. The petitions alleged that the CBI and revenue authorities had failed to investigate the allegations and that a government "Single Directive" requiring prior …

STATE OF MADHYA PRADESH AND ORS.versusM.P. OJHA AND ANR.

1997 INSC 828Dismissed

The case concerned whether a retired government servant, receiving a modest pension, could be deemed "wholly dependent" on his son under Rule 2(d) of the M.P. Civil Services (Medical Attendance) Rules, 1958, thereby allowing the son to claim reimbursement of medical expenses incurred for the …

STATE OF M.P.versusMANGI LAL SHARMA

1997 INSC 829Appeal(s) allowed

Mangi Lal Sharma, a clerk in the Madhya Pradesh Irrigation Department, resigned after a denied transfer request and remained absent for over five years, leading the State to treat his service as terminated. He filed a suit under Section 34 of the Specific Relief Act for a declaration that he …

PREMIER BREWERIES ETC.versusSTATE OF KERALA

1997 INSC 827Dismissed

Premier Breweries, a dealer in Indian Made Foreign Liquor, sold liquor in bottles packed in cardboard cartons and was assessed sales tax at 8% on the cartons under Entry 97 of the Kerala General Sales Tax Act, 1963. The Deputy Commissioner, invoking sections 5(5) and 5(6) of the Act, revised the …

COLLECTOR OF CENTRAL EXCISEversusMIS. WOOD POLYMERS LTD. ETC.

1997 INSC 821Dismissed

The Supreme Court examined the classification of paper‑based decorative laminated sheets, cotton‑fabric‑based laminates and paper‑based electrical insulators manufactured by M/s Wood Polymers Ltd. The Revenue argued that the products fell under Chapter 48 (sub‑headings 4818.90/4823.90) and were …

SHARAD VASANT KOTAK AND ORS.versusRAMNIKLAL MOHANLAL CHAWDA AND ANR.

1997 INSC 822Dismissed

The Supreme Court examined whether a suit for dissolution and accounts filed by a founding partner of M/s Paramount Builders was barred by Section 69(2A) of the Partnership Act, as amended by Maharashtra. The firm, originally registered in 1980, had admitted the widow of a deceased partner in 1986 …

HINDUSTAN LEVER LTD.versusCOLGATE PALMOLIVE (I) LTD. AND ANR.

1997 INSC 823Dismissed

Hindustan Lever Ltd. advertised its New Pepsodent toothpaste as 102% superior in antibacterial action to the "leading toothpaste", which the MRTP Commission identified as Colgate Dental Cream. Colgate Palmolive (India) Ltd. and a consumer filed a complaint under Sections 10, 36A(viii), 36A(x) and …

RAM BETI ETC. ETC.versusDISTRICT PANCHAYAT RAJADHIKARI AND ORS.

1997 INSC 824Dismissed

The appeal arose from the removal of several Pradhans of Gram Sabhas in Uttar Pradesh under Section 14 of the U.P. Panchayat Raj Act, 1947 (as amended by Act 9 of 1994). The Pradhans challenged the provision, arguing that only the members of the Gram Sabha who elected them could remove them and that …

STATE OF UTTAR PRADESHversusSTATE OF NAGALAND AND ORS.

1997 INSC 825Disposed off

The State of Uttar Pradesh filed a Special Leave Petition against an interim order passed by the Gauhati High Court in C.R. No. 4986 of 1997, seeking relief against the State of Nagaland and others. Both parties presented extensive arguments before a two‑Judge Bench of the Supreme Court. The Court …

ASSOCIATED CEMENT COMPANY LTD.versusKESHVANAND

1997 INSC 819Appeal(s) allowed

Associated Cement Company Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act against Kesvanand. The magistrate examined the company’s authorized representative, Puneet Aggarwal, on oath, but on two consecutive dates the representative was absent and the magistrate acquitted …

SIYA RAMversusUNION OF INDIA AND. ORS.

1997 INSC 820Dismissed

The appellant, Siya Ram, challenged his non‑selection for the post of Chief Personnel Inspector in the Indian Railways, alleging bias by a member of the Selection Board and contending that the selection based solely on a viva voce, with a high weightage, was arbitrary. The Central Administrative …

M.C. MEHTA ETC.versusUNION OF INDIA AND ORS.

1997 INSC 818Directions issued

In M.C. Mehta v. Union of India (Writ Petition (C) No.13029 of 1985), the Supreme Court issued comprehensive directions under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1993 to improve road safety and curb environmental pollution. The Court ordered verification of all commercial …

SALES TAX OFFICER AND ANR.versusM/S SHREE DURGA OIL MILLS AND ANR.

1997 INSC 817Appeal(s) allowed

The State of Orissa issued an Industrial Policy Resolution (IPR) in 1979 promising five‑year sales‑tax exemption for new small‑scale industries, but actual exemption required a notification under Section 6 of the Orissa Sales Tax Act. M/s Shree Durga Oil Mills set up its oil mill in 1980 and claimed …

STATE OF U.P.versusZAKAULLAH

1997 INSC 814Appeal(s) allowed

The State appealed the acquittal of Revenue Inspector Zakaullah, who was convicted by a trial court for taking a Rs 400 bribe under IPC Sec 161 and the Prevention of Corruption Act Sec 5(2). The bribe was given by Satpal Singh (PW‑5) after a trap was arranged by the Anti‑Corruption Bureau, and the …

MAHENDRA SINGH CHOTELAL BHARGADversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 815Appeal(s) allowed

The appellant, Mahendra Singh, received Rs.3,000 from a guest house manager after two police officers, Uttamrao Baburao Raut and Abdul Kadar, demanded the money as gratification to drop a criminal case. The prosecution alleged that the appellant was part of a corrupt arrangement and convicted him …

THE GENERAL COURT MARTIAL AND ORS.versusCOL. ANILTEJ SINGH DHALIWAL

1997 INSC 816Appeal(s) allowed

The case involved Col. AnilteJ Singh Dhaliwal, an army officer convicted by a General Court Martial on four charges relating to alleged false statements, fraud, and omission in reporting losses. He appealed to the High Court, which quashed the Court Martial’s findings on the basis that key evidence …

MARTIN AND HARRIS LTD.versusVLTH ADDITIONAL DISTT. JUDGE AND ORS.

1997 INSC 808Dismissed

Martin and Harris Ltd., a long‑standing tenant, was served a notice by a retired Major General who purchased the premises and claimed a bona‑fide residential requirement. The landlord filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings Act within six months of the notice and …

KOTIA PRAKASHAN AND ORS.versusSTATE OF KERALA

1997 INSC 809Disposed off

The case involved a riotous mob that surrounded the house of PW‑7 and chased the deceased RSS leader Vishwanathan to another house where he was killed. The five appellants, sympathisers of the CPM, were part of the mob but the prosecution could not prove that they pursued the deceased to the house …

STATE BANK OF INDIAversusC.B. DHALL

1997 INSC 810Disposed off

The case concerned C.B. Dhall, a former Imperial Bank of India employee who, after being promoted to Head Cashier in the State Bank of India (SBI), was extended in service beyond his normal retirement date and later faced disciplinary charges. While the enquiry was pending, the SBI’s Central Board …

SIRPUR PAPER MILLS LTD.versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1997 INSC 811Dismissed

Sirpur Paper Mills Ltd. assembled a paper‑making machine in its factory using duty‑paid components and some parts fabricated on site, and anchored it to a concrete base. The Central Excise authority levied excise duty on the machine under Section 3 of the Central Excises and Salt Act, 1944, treating …

U.P. STATE CEMENT CORPORATION LTD. AND ORS.versusB.K. TEWARI

1997 INSC 812Appeal(s) allowed

The respondent applied for the post of Manager (Personnel & IR) in U.P. State Cement Corporation Ltd. but was initially offered the lower post of Deputy Manager, which he declined. After a revision of pay scales, the corporation issued an amended appointment letter designating him as Manager with a …

SJ. EBENEZERversusVELAYUDHAN AND ORS.

1997 INSC 813Appeal(s) allowed

The landlord (respondent) filed a petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant (appellant) on the ground that the premises were required bona fide for his own use, alleging that another property he occupied was under imminent …

B.S. BAJWA AND ANR.versusSTATE OF PUNJAB AND ORS.

1997 INSC 807Directions issued

B.S. Bajwa and B.D. Gupta, former short‑service commissioned officers who joined the Punjab Water Works Department in 1971‑72, were placed junior to several colleagues in the department’s gradation list. After more than a decade they filed a writ petition in 1984 seeking to have their date of …

COLLECTOR OF CUSTOMS, BOMBAYversusM/S. HARDIK INDUSTRIAL CORPORATION

1997 INSC 805Appeal(s) allowed

The Collector of Customs, Bombay, seized a shipment of polyethylene scrap imported by M/s Hardik Industrial Corporation after discovering that the material was actually serviceable and ready for use. The Collector ordered the goods to be assessed as serviceable material, enhanced in value, …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1997 INSC 804Disposed off

The Delhi Outdoor Advertisers Association filed an application seeking clarification and modification of the Supreme Court's November 20, 1997 order directing the removal of roadside hoardings that disturb safe traffic movement. The Association argued that the order allowed authorities to act …

P. VIRUDHACHALAM AND ORS.versusTHE MANAGEMENT OF LOTUS MILLS AND ANR.

1997 INSC 796Dismissed

The appellants, workmen of Lotus Mill, claimed full lay‑off compensation under Section 25C of the Industrial Disputes Act, arguing that a settlement reached during conciliation on 5 May 1980 – which limited compensation to 67% of the statutory amount and was signed by only four of five unions – …

DEVADOSS (DEAD) BY LRS. AND ANR.versusVEERA MAKALI AMMAN KOIL ATHALUR

1997 INSC 797Dismissed

Dr. Devadoss (deceased) claimed ryotwari patta on land in Thanjavur district, asserting Kudikani cultivation rights, while the Veera Makali Amman temple claimed ownership under Section 9 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1963. The Inam Tribunal, the Appellate …

ORISSA SPONGE IRON LTD. AND ANR.versusSTATE OF ORISSA AND ORS.

1997 INSC 798Dismissed

Orissa Sponge Iron Ltd., which invested under the 1980 industrial policy and began production on 1 April 1984, sought deferment/exemption of sales tax under the 1989 policy. The 1989 policy, via para 2.18, limited such benefits to "continuing units of 1980 policy" that went into production after 1 …

THE COMMISSIONER, AGRA AND ORS.versusROHTAS SINGH AND ORS.

1997 INSC 799Appeal(s) allowed

The Allahabad High Court held that Government Advocates and Standing Counsel could not represent State officials in contempt of court proceedings and that any litigation costs must be borne personally by the officials. The State appealed, arguing that it could authorize its law officers to appear …

P. SARADAversusCOMMISSIONER OF INCOME TAX (CENTRAL)

1997 INSC 800Dismissed

P. Sarada, a substantial shareholder of Messrs Universal Radiators Pvt. Ltd., withdrew Rs 93,027 from the company between 3 July 1972 and 22 March 1973 while her running account was overdrawn and had no credit balance. The Income Tax Officer treated the excess withdrawals as deemed dividend under …

RASHIK LAL AND CO.versusCOMMISSIONER OF INCOME TAX, ORISSA

1997 INSC 801Dismissed

The Supreme Court examined whether a partnership firm could claim a tax deduction for a commission of Rs. 28,579 paid to Rashiklal, who was a partner in the firm but also the Karta of a Hindu Undivided Family (HUF). The firm argued that Rashiklal acted only as a nominee of the HUF, so the payment …

UNION OF INDIA AND ORS.versusJ.G. GLASS INDUSTRIES LTD.

1997 INSC 802Appeal(s) allowed

The dispute concerned whether the process of printing and decorating glass bottles constitutes "manufacture" under Section 2(f) of the Central Excises and Salt Act, 1944, and consequently whether excise duty is payable on the printed bottles. J.G. Glass Industries Ltd manufactured plain glass …

YATINDRANATH SHUKLA AND ORS. KANPURversusCOLLECTOR OF CENTRAL EXCISE, KANPUR

1997 INSC 803Disposed off

The appellant-assessee, a manufacturer of chewing tobacco, challenged a Tribunal order that excluded the value of packing material when computing the assessable value of the goods and that used the net weight of tobacco (excluding packaging) to determine the value per kilogram for exemption under …

UNION OF INDIA AND OTHERSversusIC-14827 MAJOR A. HUSSAIN

1997 INSC 793Appeal(s) allowed

Major A. Hussain, a serving army officer, was charged with loss of classified documents and was tried before a General Court Martial (GCM). He was provided copies of relevant documents, an advance to engage a civilian defence counsel, and several defending officers were offered, which he declined. …

MAHESH KUMAR MUDGILversusSTATE OF UTTAR PRADESH AND ORS.

1997 INSC 794Dismissed

The appellant, Mahesh Kumar Mudgil, was appointed to a temporary Officer on Special Duty (Special Component Plan) post created in 1980 under the Harijan & Social Welfare Department with the Finance Department's concurrence. The post was extended several times but was abolished in May 1984 by an …

NILGIRIS BAR ASSOCIATIONversusT.K. MAHALINGAM AND ANR.

1997 INSC 795Appeal(s) allowed

The Nilgiris Bar Association filed a petition against T.K. Mahalingam, who had fraudulently enrolled as a member of the Bar and practiced as an advocate for eight years, committing offences under Sections 419 and 420 IPC. Mahalingam was released by a magistrate under Section 4(1) of the Probation of …

ORIENTAL INSURANCE CO, LTD.versusINDERJIT KAUR AND ORS.

1997 INSC 792Dismissed

A bus was insured by Oriental Insurance Co. Ltd. on 30 November 1989. The premium was paid by cheque which later bounced, and the insurer sent a notice that it was not at risk. The premium was finally paid in cash on 2 May 1990, but the bus met with an accident on 19 April 1990, killing the truck …

STATE OF TAMIL NADU ETC.versusSURESH (A-2) AND ANR.

1997 INSC 791Appeal(s) allowed

A pregnant housewife fell from the fourth floor of her apartment and died. The prosecution alleged that the husband, his brother (A‑2 Suresh) and two employees conspired to murder her; the husband was abroad. The only direct evidence was the testimony of an approver (PW‑1) who confessed and …

KASAM ABDULLA HAFIZversusSTATE OF MAHARASHTRA

1997 INSC 790Dismissed

Kasam Abdulla Hafiz, a former assistant public prosecutor, was charged with murder (Sec. 302 IPC) and attempt to murder (Sec. 307 IPC) after he allegedly threw a brick and stabbed Manohar Deshmukh, the father of a colleague, resulting in Deshmukh's death, and also injured Sanjay Patil. The Sessions …

SUMITOMO HEAVY INDUSTRIES LTD.versusONGC LTD. AND ORS.

1997 INSC 788Dismissed

Sumitomo Heavy Industries Ltd entered into a contract with ONGC Ltd for the installation of an oil platform, containing a clause that disputes would be governed by Indian law and arbitrated in London under ICC rules. A dispute led to arbitration, and the appointed umpire issued an award. ONGC filed …

ORIENTAL INSURANCE CO. LTD.versusSUNITA RATH! AND ORS.

1997 INSC 789Appeal(s) allowed

A motor vehicle accident occurred on 10 December 1991 at 2:20 p.m. The owner obtained an insurance policy later that same day at 2:55 p.m., the cover note expressly stating that the policy would become effective at 2:55 p.m. The insurer paid the claimants in full, but the High Court held that the …

AMARNATH ASHRAM TRUST SOCIETYversusGOVERNOR OF UTTAR PRADESH AND ORS.

1997 INSC 785Appeal(s) allowed

The Amar Nath Ashram Trust Society, which runs a public school, sought land adjacent to its premises for a playground. The Uttar Pradesh Government acquired the land under the Land Acquisition Act, 1894, Part VII (company acquisition), issuing a Section 4 notification and a Section 6 declaration, …

R.K. KRISHNA KUMARversusSTATE OF ASSAM AND ORS.

1997 INSC 786Disposed off

The appellants, senior officers of Tata Tea Company, were alleged to have negotiated with ULFA militants and funded their activities, leading to an FIR under IPC sections 120‑B, 121, 121‑A, 122 and UAPA sections 10 and 13. Anticipatory bail applications were filed under CrPC section 438; the Bombay …

THE KERALA AGRICULTURAL UNIVERSITYversusK.R. ANIL AND ORS.

1997 INSC 787Disposed off

The Kerala Agricultural University advertised a Junior Assistant Professor post with a reservation for the Ezhava community. Respondent No.1, an Ezhava and academically qualified, was not selected for the reserved vacancy and alleged malafide treatment, filing a writ petition. The Kerala High Court …

STATE OF TAMIL NADUversusP. MUNIAPPAN

1997 INSC 778Appeal(s) allowed

P. Muniappan, an assistant professor, was charged with murdering his wife Nagammal after she was found hanging in their kitchen with burn injuries and signs of struggle. The prosecution relied on extensive circumstantial evidence—Muniappan's motive to obtain a divorce and a second marriage, his …

MALKIAT SINGH AND ANR.versusJOGINDER SINGH AND ORS.

1997 INSC 779Appeal(s) allowed

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb …

STATE OF RAJASTHANversusPRAKASH CHAND AND ORS.

1997 INSC 776Appeal(s) allowed

The Supreme Court allowed the State of Rajasthan's appeal against a single High Court judge, Justice Shethna, who, while hearing a criminal revision petition, improperly called for the record of a writ petition already disposed of by a Division Bench, made intemperate allegations against the Chief …

M/S. STP LIMITEDversusCONTROLLER OF CENTRAL EXCISE, PATNA AND ORS.

1997 INSC 780Appeal(s) allowed

MIS. STP Ltd., a manufacturer of coal‑tar products, claimed exemption from excise duty under Notification 121/62‑CE which exempts ‘tar’ falling under Tariff Item 11(5). The Central Excise authority argued that the various pitches produced by the company were not ‘tar’ within that clause and …

S. VIJIversusCOMMISSIONER OF GIFT TAX

1997 INSC 781Dismissed

The appellant, S. Viji, received unquoted shares of a company as a gift on 28 March 1973 and the valuation of these shares for gift tax purposes was disputed. Both parties agreed that the break‑up method under Section 6(3) of the Gift Tax Act, 1958 should be applied, but differed on which balance …

MADDI VENKATARAMANversusCOMMISSIONER OF INCOME TAX

1997 INSC 782Dismissed

M. Venkatraman, a public limited company engaged in tobacco export, remitted part of its sale proceeds to a Singapore party in violation of the Foreign Exchange Regulation Act, 1947 (FERA) and was penalised Rs.35,000. The company claimed a deduction of Rs.2,95,000 as business expenditure/loss in its …

SMT. MEHRUNNISA AND ORS.versusSMT. VISHAM KUMAR! AND ANR.

1997 INSC 783Dismissed

The respondent landlady served three notices to the tenant, first claiming the premises were needed for her husband's legal practice, then for a cloth business, and finally repeating the latter before filing an eviction suit. The trial court held that the landlady's requirement for the cloth …

KANTA UDHARAM JAGASIAversusC.K.S. RAO

1997 INSC 784Appeal(s) allowed

The appellant, Kanta Udharam Jagasia, claimed ownership of a flat and, as a Scientific Officer in BARC, sought eviction of her tenant under Section 13A(l)(A)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Competent Authority granted eviction based on a certificate …

STATE OF M.P.versusUDAI SINGH

1997 INSC 772Appeal(s) allowed

The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's acquittal of Udai Singh, who had been convicted by the trial court for the murder of three women and the attempted murder of a fourth under IPC sections 302 and 307. The Supreme Court examined whether the eyewitness …

ARUN TEWARI AND ORS.versusZILA MANSAVI SHIKSHAK SANGH AND ORS. ETC.

1997 INSC 773Appeal(s) allowed

The Supreme Court examined amendments made by the Madhya Pradesh Government to the 1973 Recruitment Rules for Assistant Teachers under the Operation Black Board Scheme, which introduced a proviso allowing the State to prescribe selection criteria and procedures in specific circumstances and set the …

ASHWINI KUMAR SHARMAversusYADUVANSH SINGH AND ORS.

1997 INSC 774Appeal(s) allowed

In the 1995 Vidhan Sabha election for the Lakhisarai constituency, respondent No.1 was declared elected. The appellant, Ashwini Kumar Sharma, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951, alleging irregularities and illegalities in the …

U.P. COOPERATIVE FEDERATION LTD.versusRAM SINGH YADAV AND ORS.

1997 INSC 775Appeal(s) allowed

The U.P. Cooperative Federation Ltd. terminated Ram Singh Yadav's employment on the ground of wilful absence without giving the one‑month notice or salary in lieu required by Regulation 19 of the U.P. Cooperative Societies Employees' Service Regulations, 1975, and without conducting a disciplinary …

RAJIV MITTALversusMAHARSHI DAYANAND UNIVERSITY AND ORS.

1997 INSC 767Appeal(s) allowed

The case concerned admission to the MBBS programme at Rohtak Medical College, where 60 seats were divided into 49 open‑category and 11 backward‑class reserved seats. Sunil Yadav (S) ranked first in the backward‑class list but 62nd in the open list; he failed to obtain an open‑category seat in the …

STATE OF U.P AND ANR.versusJOGENDRA SINGH AND ANR.

1997 INSC 769Appeal(s) allowed

The respondent, a Senior Prosecuting Officer, voluntarily retired on 12‑April‑1976 under Uttar Pradesh Fundamental Rule 56 and received pension and gratuity. In 1976 the Rule was amended by adding a proviso that allowed an additional five years of service to be counted for pension and gratuity for …

K.S. YADAVversusSTATE OF HIMACHAL PRADESH AND ORS.

1997 INSC 770Dismissed

The appeal concerned the promotion of Headmasters/Headmistresses of Government High Schools and lecturers of Higher Secondary Schools to Class‑II (Gazetted) posts under the Himachal Pradesh Recruitment and Promotion Rules of 1980. The appellant argued that 234 Class‑II posts already occupied by …

VINITA M. KHANOLKARversusPRAGNA M. PAI AND ORS.

1997 INSC 771Appeal(s) allowed

The case concerned an appeal to the Division Bench of the Bombay High Court against an order dated 15 November 1994 passed by a Single Judge in a suit for dispossession under Section 6 of the Specific Relief Act. The respondents argued that Section 6(3) of the Act barred any appeal or revision …

NAGA PEOPLE'S MOVEMENT OF HUMAN RIGHTS ETC.versusUNION OF INDIA

1997 INSC 763Disposed off

The Supreme Court examined challenges to the Armed Forces (Special Powers) Act, 1958 (AFSPA) and the Assam Disturbed Areas Act, 1955, along with notifications declaring disturbed areas in several northeastern states. Petitioners argued that Parliament lacked competence to enact AFSPA, that the Act …

SURESH KUMAR BHIKAMCHAND JAINversusPANDEY AJAY BHUSHAN AND ORS.

1997 INSC 765Dismissed

The President of Jalgaon Municipality filed a criminal complaint against four senior government officials who, while preventing the demolition of an illegal encroachment, assaulted him and others. The trial court issued process against three respondents but discharged the fourth for lack of sanction …

TVL K.A.K. ANWAR AND CO. ETC.versusSTATE OF TAMIL NADU

1997 INSC 764Dismissed

The appellants, dealers in hides and skins, purchased raw hides and skins, paid sales tax on them, and later tanned them into dressed hides and skins which were sold inter‑state. They contended that under Section 14(iii) of the Central Sales Tax Act, raw and dressed hides constitute a single …

STATE OF MAHARASHTRAversusRAMESH TAURANI

1997 INSC 761Appeal(s) allowed

The State of Maharashtra appealed against the Bombay High Court’s order granting bail to Ramesh Taurani, who was arrested for allegedly conspiring to murder film producer Gulshan Kumar by financing contract killers. The High Court had relied on the fact that Taurani’s name did not appear in the …

JAGBLR WALIAversusDELHI ADMINLSTRATION

1997 INSC 762Dismissed

The appellant, Jagbir Walia, was convicted under Section 9 of the Suppression of Immoral Traffic Act, 1956. He appealed, arguing that the investigation was illegal because a Sub‑Inspector, not the Assistant Commissioner of Police appointed for that purpose, conducted it, and he sought to introduce …

STATE OF TAMIL NADUversusK. SABANYAGAM AND ANR. ETC.

1997 INSC 754Dismissed

The Tamil Nadu Housing Board was exempted from the Payment of Bonus Act, 1965 by two Government Orders issued under Section 36 of the Act (1979 and 1982). Employees of the Board challenged the exemptions, and the Madras High Court set aside the orders, directing the Board to pay statutory bonus from …

M/S. SHREE BHAGWATI ROLLER FLOUR MILLSversusTHE COMMISSIONER OF SALES (TRADE) TAX

1997 INSC 755Dismissed

Shree Bhagwati Roller Flour Mills, a new unit manufacturing notified commodities, claimed exemption from purchase tax on wheat bought from the open market, relying on a 1979 notification under Section 4‑B of the U.P. Sales Tax Act that exempted roller flour mills provided the wheat was purchased …

KASAMBHAI F. GANCHIversusCHANDUBHAI D. RAJPUT AND ORS.

1997 INSC 753Appeal(s) allowed

The appellant, K.F. Ganchi, a member of the Backward Classes, was elected as a councillor from a general (unreserved) ward of Jambusar Municipality. The roster for 1997 required that the President of the municipality be a Backward Class member. Respondent No.1, Chandubhai Rajput, contended that only …

UNION OF INDIAversusW.S. CHONA

1997 INSC 756Appeal(s) allowed

Maj. Gen. W.S. Chona, a non‑General Cadre officer of the Corps of Engineers, sought promotion to Lt. General in the Army’s "Staff Only" stream under the 1986 two‑stream concept. The Special Selection Board found him unfit because he had not satisfied clause (b) of the Qualitative Requirements, which …

UNION OF INDIA AND ANR.versusDR. S. BALIAR SINGH

1997 INSC 757Appeal(s) allowed

Dr. S. Bialiar Singh, after serving ten years with the Government of Orissa and three years with the Government of Chandigarh, joined the Central Railway in December 1975 and voluntarily retired in April 1987 after 11 years, 2 months and 9 days of railway service. Although his prior government …

SRI SURYANARAYAN SAHU ETC.versusTHE COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH

1997 INSC 758Case Partly allowed

The appellant S. Suryanarayan Sahu, a senior draughtsman in CSIR, challenged the pay scales applied to senior draughtsmen, seeking the higher scale of Rs.425‑700 from 1974 and the Rs.550‑900 scale from 1974, alleging violation of the constitutional principle of equal pay for equal work. The Central …

SHRI CHARAN LAL SAHU AND ANR.versusSHRI K.R. NARAYANAN AND ANR.

1997 INSC 751Dismissed

Two petitioners, Charan Lal Sahu and Mithilesh Kumar, filed an election petition challenging the election of K.R. Narayanan as President of India. Their nomination papers were rejected because they did not satisfy the mandatory requirement of Section 5B(1)(a) of the Presidential and …

DHARTI PAKAR MADAN LAL AGRAWALversusK.R. NARAYANAN AND ORS.

1997 INSC 750Dismissed

The petitioner, Dharti Pakar Madan Lal Agrawal, filed a composite election‑petition‑cum‑writ petition under Article 32 challenging the constitutionality of Sections 5‑B and 5‑C of the Presidential and Vice‑Presidential Elections Act, 1952 as amended by the 1997 Ordinance. The Supreme Court held that …

GOVERNMENT OF ORISSAversusSHRI HARAPRASAD DAS AND ORS.

1997 INSC 752Appeal(s) allowed

The Government of Orissa issued a selection list on 13 July 1993 for six copy‑holder posts in the State Press, but later imposed a ban on filling two‑thirds of the vacancies and the list expired on 12 July 1994 under Rule 11(v) of the 1978 Service Rules. Four candidates whose names appeared on the …

GOVERNMENT OF TAMIL NADU AND ANR.versusS. ARUMUGHAM AND ORS.

1997 INSC 748Appeal(s) allowed

The Government of Tamil Nadu issued G.O.Ms. No.145 (Revenue) on 29 January 1990 increasing the quota of Superintendents eligible for deputation as Tehsildars, a step contested by the Superintendents. The Tamil Nadu Administrative Tribunal set aside the order and directed the government to revise its …

M.C. MEHTAversusUNION OF INDIA AND ORS. ETC.

1997 INSC 747Directions issued

The Supreme Court entertained a writ petition filed by environmental lawyer M.C. Mehta under Article 32 seeking directions to curb the growing menace of unregulated traffic in the National Capital Region (NCR) and National Capital Territory (NCT) of Delhi. Relying on the Motor Vehicles Act, 1988 and …

ARUN KUMAR ROUT AND ORS.versusSTA TE OF BIHAR AND ORS.

1997 INSC 749Disposed off

The appellants, twenty daily‑wage employees appointed in 1980 to Class III and IV posts in the Bihar Health Department, were regularised in 1989 but later faced termination in 1993 after a show‑cause notice. The High Court dismissed their writ petition for regularisation, prompting this appeal. The …

SURENDRA KUMAR JAINversusROYCE PEREIRA

1997 INSC 740Dismissed

The appellant, S.K. Jain, was inducted by the respondent, Royce Pereira, as a paying guest in 1971 and later claimed to be a licensee and tenant. The dispute centered on the interpretation of Section 5(6A) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, specifically whether …

STATE OF U.PversusNAND KUMAR AGGARWAL AND ORS.

1997 INSC 741Appeal(s) allowed

The State of Uttar Pradesh appealed against a High Court order that exempted a parcel of land in village Para, Lucknow, from the ceiling provisions of the Urban Land (Ceiling & Regulations) Act, 1976 on the ground that it was agricultural land. The land was entered as agricultural in revenue records …

SMT. REBTI DEVIversusRAM DUTT AND ANR. ETC.

1997 INSC 742Dismissed

Smt. Rebati Devi (deceased) filed a suit for possession of a property against her son Ram Dutt Gupta, who claimed the property was purchased by her husband in her name, i.e., a benami transaction. The trial court held the plaintiff was not a benamidar, but the appellate court reversed that decision …

AAMENABAI TAYEBALY AND ORS.versusCOMPETENT AUTHORITY UNDER SAFEMA AND ORS.

1997 INSC 743Dismissed

The case concerned the sale of a flat owned by Tahira Sultana, the wife of a COFEPOSA detainee, to Tayab Ali, who later died and whose heirs appealed. The property had been subject to a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) …

DENA BANKversusKRITI KUMAR T. PATEL

1997 INSC 744Appeal(s) allowed

The respondent, K.T. Patel, was dismissed from Dena Bank and the Central Industrial Tribunal ordered his reinstatement, which the bank challenged before the Gujarat High Court. The High Court stayed the award but required the bank to pay wages under Section 17‑B of the Industrial Disputes Act. The …

HEERALALversusKALYANMAL AND ORS.

1997 INSC 745Appeal(s) allowed

The appellant filed a partition suit for ten immovable properties (Schedule A) and additional properties (Schedule B). The defendants, in their written statement, admitted that seven of the Schedule A properties were joint family assets and that the appellant was entitled to a one‑third share, while …

M/S HUNSUR PLYWOOD WORKS LTD.versusTHE COMMISSIONER OF INCOME TAX

1997 INSC 746Appeal(s) allowed

Mis Hunsur Plywood Works Ltd., a public limited company, claimed a development rebate under Section 33 of the Income Tax Act for the assessment years 1972-73 to 1974-75, which was initially allowed. The assessing authority later observed that the company had transferred amounts from the development …

NAJJAM FARAGHI ALIAS NAJJAM FARUQUIversusSTATE OF WEST BENGAL

1997 INSC 732Dismissed

The appellant was convicted of murder under Section 302 IPC for allegedly pouring kerosene on his wife and setting her on fire. The victim survived for about twenty days after the incident, during which she gave two statements to a police Sub‑Inspector and a magistrate accusing her husband. The …

HARGOVANDAS DEVRAJBHAI PATEL AND ORS.versusTHE STATE OF GUJARAT

1997 INSC 733Appeal(s) allowed

Police officers were accused of murdering a man identified as Kantuji Mohan Singh after beating him during interrogation at a police station. The prosecution relied on circumstantial evidence, including the discovery of a decomposed body in a jungle and identification of the body by relatives based …

UNION OF INDIA AND ORS.versusA. NAGAMALLESHWAR RAO

1997 INSC 735Appeal(s) allowed

A. Nagamalleswara Rao was appointed as a telephone operator by falsely claiming 79.80% marks in his SSC examination, whereas he had actually secured only 48.6%. He failed to produce the original or a duplicate SSC certificate despite repeated requests, leading to a departmental inquiry under Rule …

STATE OF HIMACHAL PRADESHversusSHRI J. L. SHARMA AND ANR.

1997 INSC 736Appeal(s) allowed

The case concerned whether the training period of direct recruits to the Himachal Pradesh Forest Service (Class II) should be counted for seniority. Respondents, who were promotee officers, applied to the Himachal Pradesh Administrative Tribunal for a direction that seniority be measured from the …

AMMINI AND ORS.versusSTATE OF KERALA

1997 INSC 737Dismissed

The appellants, four accused, were alleged to have conspired to murder Merli and her two children by administering potassium cyanide. The prosecution relied on extensive circumstantial evidence, including the accused's movements, fingerprint on a glass, forensic laboratory report, medical …

BALWINDER KAURversusHARDEEP SINGH

1997 INSC 738Appeal(s) allowed

Balwinder Kaur married Hardeep Singh under Sikh rites and later filed a divorce petition on grounds of cruelty and desertion. The husband did not appear, and the District Judge granted an ex‑parte decree of divorce. The wife appealed to the High Court under Section 28 of the Hindu Marriage Act, …

GENERAL MANAGER, TELECOMversusS. SRINIVASA RAO AND ORS .

1997 INSC 731Dismissed

The Department of Telecom (DoT) of the Union of India appealed a High Court order that held the DoT to be an "industry" under the Industrial Disputes Act, 1947. The Supreme Court examined whether the DoT, engaged in commercial telecommunications services and not performing sovereign functions, falls …

NATIONAL INSURANCE CO. LTD.versusSANTRO DEVI AND ORS. ETC.

1997 INSC 739Case Partly allowed

A motor accident gave rise to a compensation claim by Santro Devi and others against National Insurance Co. Ltd. The Motor Accidents Claim Tribunal found that the driver of the offending vehicle held a valid licence that had been duly renewed, and the Punjab & Haryana High Court affirmed this …

PREM CHAND ALIAS PREM NATHversusSMT. SHANTA PRABHAKAR

1997 INSC 730Dismissed

The landlord filed an eviction petition under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987, claiming the tenant defaulted on rent and that the premises were needed bona fide for building or rebuilding. The Rent Controller dismissed the petition for lack of evidence about the …

SELVARAJversusSTATE OF TAMIL NADU AND ORS.

1997 INSC 728Dismissed

Selvaraj, one of four brothers, stabbed his brother Dasan and another relative during a family property dispute. Three eye‑witnesses (PW1, PW5, PW6) testified to the incident, and a post‑mortem report showed a fatal chest wound and evisceration. The trial court acquitted Selvaraj, but the Madras …

THE STATE OF BIHAR AND ORS.versusD.N. SINGH (DEAD) BY LRS. AND ORS.

1997 INSC 729Appeal(s) allowed

The State of Bihar and others appealed a Patna High Court decision that held the Commissioner could not reduce the compensation awarded by the Land Acquisition Collector under the proviso to Section 11(1) of the Land Acquisition Act, 1894. The Supreme Court examined whether the Commissioner, as the …

MOULIN ROUGE PVT. LTD.versusTHE COMMERCIAL TAX OFFICER AND ORS.

1997 INSC 727Dismissed

Moulin Rouge Pvt Ltd, a restaurant that provides food, drinks and various services without separately charging for the food, was assessed sales tax and penalty for the years 1974-77 by the Commercial Tax Officer. The company relied on two Supreme Court judgments—Associated Hotels (1972) and Northern …

THE COMMUNIST PARTY OF INDIA (M)versusBHARAT KUMAR AND ORS.

1997 INSC 726Dismissed

The Communist Party of India (Marxist) organized a bandh in Kerala, prompting a petition that the bandh violated citizens' fundamental rights under Articles 19 and 21 of the Constitution. The respondents contended that the bandh interfered with the freedom of speech, assembly and personal liberty of …

UNION OF INDIA AND ORS.versusL.V. VISHWANATHAN ETC.

1997 INSC 724Appeal(s) allowed

The respondents, Audit Officers on deputation, retired after 1 January 1986 but before the Office Memorandum of 14 April 1987 came into force. The Memorandum, issued to implement the Fourth Pay Commission recommendations, retrospectively redefined "emoluments" for pension calculation as basic pay …

VISHWESHWARAIAH IRON AND STEEL LTD.versusABDUL GANI AND ORS.

1997 INSC 725Directions issued

The case involved the termination of an employee by Vishweshwaraiah Iron and Steel Ltd. without conducting a domestic enquiry. The employee challenged the termination before the labour court, which upheld the termination based on evidence later led before the Court of Reference under Section 10 of …

UNION OF INDIA AND ORS.versusTATA ENGINEERING AND LOCOMOTIVE CO., LTD. ETC.

1997 INSC 723Appeal(s) allowed

The Union of India appealed against a Patna High Court order that directed the Assistant Collector of Central Excise to pass final orders on price lists submitted by Tata Engineering & Locomotive Co. (TELCO) and to treat the factory‑gate price as the normal price for valuation, while deeming the …

SMT. OMWATI ETC.versusMAHENDRA SINGH AND ORS.

1997 INSC 721Dismissed

The accused Mahendra Singh and five others were convicted by the trial court for murder, attempted murder and rioting under Sections 148, 302/149 and 307/149 IPC based on the testimony of three eye‑witnesses. The Allahabad High Court set aside the convictions, holding that the prosecution had not …

SURENDRA NARAIN @ MUNNA PANDEYversusTHE STATE OF U.P.

1997 INSC 722Dismissed

Sureendra Narain (Munna Pandey) was convicted of murder under IPC s.302 for shooting Shree Prakash in a rickshaw. The prosecution relied on three eye‑witnesses who named the accused in the FIR, and the accused surrendered later and sought a test identification parade, which was ordered by the …

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. APEX ENGINEERING PVT. LTD.

1997 INSC 719Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) sought to include the Managing Director (MD) of Apex Engineering Pvt. Ltd., Shri V.N. Dhanwate, among the company's employees for purposes of coverage under Section 2(12) of the Employees' State Insurance Corporation Act, 1948. The lower courts held …

STATE OF GOA AND ANR.versusHIRABHAI SOMABHAI TANDEL, NANI, DAMAN

1997 INSC 718Appeal(s) allowed

The State of Goa detained the step‑father of the respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and later, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), ordered forfeiture of …

M/S. PEPSI FOODS LTD. AND ANR.versusSPECIAL JUDICIAL MAGISTRATE AND ORS.

1997 INSC 714Appeal(s) allowed

The consumer complained that a bottle of "Lehar Pepsi" he purchased was adulterated with fungus, leading to a complaint under the Prevention of Food Adulteration Act, 1954. The Special Judicial Magistrate summoned Pepsi Foods Ltd. and others, but the appellants challenged the summons in the High …

DHANWANTI JOSHIversusMADHAV UNDE

1997 INSC 715Appeal(s) allowed

The mother, Dhanwati Joshi, had been granted permanent custody of her son by the Bombay High Court in 1986 and by an ex‑parte order under the Guardian and Wards Act, 1890 in 1987. The father, Madhav Unde, later obtained custody in a US court and subsequently filed a fresh petition in the Indian …

BHUPENDRASINH A. CHUDASAMAversusSTATE OF GUJARAT

1997 INSC 716Dismissed

The appellant, an armed constable of the Special Reserve Police, shot and killed his immediate superior, a Head Constable, at the Khampla Dam site, claiming he was discharging his patrol duties and feared a miscreant would set fire to a tower. The trial court acquitted him on the basis of reasonable …

DEPUTY LABOUR COMMISSIONER, ORISSA BHUBANESWARversusABHIMANYU GOUDA AND ANR.

1997 INSC 717Appeal(s) allowed

The widow of a deceased Khalasi filed a claim petition before the Deputy Labour Commissioner, Orissa, for compensation under the Workmen's Compensation Act, 1923, after her husband died in an accident near Rourkela in 1974. The Deputy Labour Commissioner awarded Rs 8,000, but the employer appealed …

BHOLA BHAGAT ETC.versusSTATE OF BIHAR

1997 INSC 712Appeal(s) allowed

The appellants were convicted for murder and related offences under Sections 302, 149 and 148 of the IPC for the killing of Ram Naresh Choubey in 1978. They later claimed that they were children at the time of the offence and sought the benefit of the Bihar Children Act, 1970/1982 and the Juvenile …

STATE OF BIHAR AND ORS.versusM/S SHEO NARAIN JAISWAL PVT. LTD. AND ORS.

1997 INSC 711Dismissed

The State of Bihar, under the Bihar Excise Act, 1915, granted exclusive privilege for manufacturing and wholesale supply of country liquor in nine zones through a tender process. Unlike earlier practice of awarding a single contractor per zone, the 1995 tender allowed more than one contractor in …

SUN EXPORT CORPORATION AND ANR.versusBOARD OF TRUSTEES OF THE PORT OF BOMBAY

1997 INSC 707Dismissed

Sun Export Corporation (appellant No. 1) and its partner imported stainless‑steel tubes in 1973‑74 under licences held by Laxmi Engineering Co. They were authorised by letters of authority to clear the goods from the Bombay Port Trust warehouses, but failed to do so. The goods were subsequently …

PARDEEP AGGARBATTI, LUDHIANA ETC.versusSTATE OF PUNJAB AND ORS.

1997 INSC 708Appeal(s) allowed

The appellant, a registered dealer in dhoop and agarbatti, was assessed sales tax under Entry 16 of Schedule A of the Punjab General Sales Tax Act, 1948, which listed "cosmetics, perfumery and toilet goods". The issue was whether dhoop and agarbatti fell within the term "perfumery". A single High …

NAZRUL MONDAL AND ORS.versusSTATE OF WEST BENGAL

1997 INSC 709Dismissed

The appellants were convicted under Section 302 read with Section 149 of the IPC for the murder of Babar Ali, based primarily on the testimony of six eye‑witnesses who were relatives of the deceased. The appellants challenged the admissibility of those witnesses, argued that no specific allegation …

STATE OF U.P.versusBHOORA AND ORS.

1997 INSC 710Appeal(s) allowed

The State of Uttar Pradesh prosecuted Bhoora and Vishram Singh for dacoity with murder under IPC sections 396 and 34. Four eye‑witnesses testified that they saw the accused, identifiable by the colour of their khaki uniforms and hats, under the illumination of two electric poles during the incident. …

UNION OF INDIAversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

1997 INSC 705Dismissed

A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law …

HARI CHARAN AND ANR.versusSTATE OF RAJASTHAN

1997 INSC 706Dismissed

An armed group stopped a bus at gunpoint, attempted to drag out the conductor Ram Babu, and shot him, resulting in his death. The prosecution relied on the testimony of an eye‑witness, Kedarnath, corroborated by a police informant, to convict the principal shooter (A‑1) under Section 302 IPC and the …

SHIV RAM AND ANR. ETC.versusSTATE OF UTTAR PRADESH

1997 INSC 699Dismissed

The case involved a mass murder in which 24 persons were accused of killing five members of a family, including the brutal decapitation of three victims and the burning alive of a ten‑year‑old boy, allegedly as revenge for the earlier murder of A‑1's brother. The prosecution relied on two …

GULJAR ALI ETC.versusSTATE OF HIMACHAL PRADESH

1997 INSC 700Appeal(s) allowed

Three brothers—Raj Mohammad, Niaz Ali and Gulzar Ali—were convicted for the murder of Tara Chand, a factotum of Jai Paul, based on circumstantial evidence, letters showing motive, and recovered weapons. The prosecution relied on letters seized from the accused, expert handwriting analysis, and …

SMT, VIJAY GOEL AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 701Appeal(s) allowed

The appellants, who had been appointed as Lower Division Clerks (LDCs) in Safdarjung Hospital on an ad‑hoc basis, were later regularised under the Safdarjung Hospital (Class III Posts) Recruitment Rules, 1973. After several years of service, the Government, relying on a memo that the regularisation …

BANARSI DASversusBRIG MAHARAJA SUKHJIT SINGH AND ANR.

1997 INSC 702Dismissed

Banarsi Das filed a suit for permanent injunction claiming peaceful cultivation of land he alleged to have inherited, while the defendants asserted ownership and produced documentary evidence of a sale deed. The trial court dismissed the suit; the District Judge reversed that decision and decreed in …

A. DEIVENDRANversusSTATE OF TAMIL NADU

1997 INSC 703Disposed off

The case involved a dacoity and murder where five accused were committed to the Sessions Court; one accused, MR, was granted pardon by the Chief Judicial Magistrate after commitment and examined as an approver. The Supreme Court held that after a case is committed to a Sessions Court, only that …

COMMISSIONER OF WEALTH TAX, GUJARAT-III, AHMEDABADversusELLIS BRIDGE GYMKHANA ETC. ETC.

1997 INSC 704Case Partly allowed

The Commissioner of Wealth Tax, Gujarat sought to assess Ellis Bridge Gymkhana, an unincorporated club, for wealth tax for assessment years 1970‑71 to 1977‑78, arguing that the club fell within the term “individual” in Section 3 of the Wealth Tax Act, 1957. The club contended that an association of …

STATE OF KARNATAKAversusB.M. ASHRAF AND CO.

1997 INSC 698Appeal(s) allowed

The respondent, a registered dealer under the Karnataka Sales Tax Act, purchased fish oil from unregistered dealers and sold it within Karnataka to another dealer, Kalbhavi, who intended to export the oil. The issue was whether the purchase of the fish oil attracted purchase tax under Section 6 of …

STEEL AUTHORITY OF INDIA LTD.versusSHRI AMBICA MILLS LTD. AND ORS.

1997 INSC 696Appeal(s) allowed

The Steel Authority of India Ltd. (SAIL) supplied hot rolled steel strips to Ambica Mills Ltd. under an Import‑Export Policy scheme that required the importer to hold a valid advance licence, duty exemption certificate, export bond and an irrevocable Letter of Credit. The importer submitted a …

ASSOCIATE BANKS OFFICERS ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.

1997 INSC 692Dismissed

The Associate Banks Officers Association, representing officers of the State Bank of India’s subsidiary banks, filed a writ petition seeking parity in terminal benefits, medical benefits and extra increments with employees of the State Bank of India (SBI). SBI contended that, under Section 50(2) of …

STATE OF U.P. AND ORS.versusMINISTERIAL KARAMCHARI SANGH

1997 INSC 693Appeal(s) allowed

The case concerned a dispute over pay‑scale discrimination between ministerial employees of the Uttar Pradesh Directorate of Information and those of the State Secretariat. A 1964 Pay Rationalisation Committee recommended that, from 1‑April‑1965, new appointments in the Information Directorate be …

MOHD. YUNUSversusSTATE OF GUJARAT

1997 INSC 694Disposed off

Mohd Yunus was charged under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. Section 20A(1) of the Act requires prior written approval of the District Superintendent of Police before recording any information about an offence. The prosecution claimed an oral …

VENKATESH THIMMAIAH GURJALKARversusS.S. HAWALDAR

1997 INSC 695Appeal(s) allowed

The appellant continued to operate a hair‑cutting shop that had been let to his father in 1940, a non‑residential premises, after his father's death in 1974. The landlord filed a petition for eviction under Section 21 read with Section 51(2) of the Karnataka Rent Control Act, 1961, asserting that …

ASHIM KUMAR ROYversusBIPINBHAI VADILAL MEHTA AND ORS.

1997 INSC 689Dismissed

Ashim Kumar Roy, a trade‑union secretary, filed a criminal complaint alleging that Bipinbhai Vadilal Mehta and his son conspired to commit criminal breach of trust and conspiracy (IPC §§120‑B, 409) and violated Section 77 of the Companies Act by diverting company funds to acquire control of Sayaji …

MAHESH KUMAR SAHARIAversusSTATE OF NAGALAND AND ORS.

1997 INSC 690Dismissed

M.K. Saharia, former Managing Director of Nagaland Forest Products Ltd., challenged the Nagaland Forest Products Ltd. (Acquisition of Shares) Ordinance, 1981 and the subsequent Act, 1982, which transferred the State's acquisition of the company's S‑class shares. He argued that the State's takeover …

PARSION DEVI AND ORS.versusSUMITRI DEVI AND ORS.

1997 INSC 691Appeal(s) allowed

The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error …

RAMBILAS AND ORS.versusSTATE OF MADHYA PRADESH

1997 INSC 684Appeal(s) allowed

The appellants were convicted under IPC sections 302 and 201 for the murder of Deosharan, a notorious villager, based primarily on the testimony of four eye‑witnesses who claimed to have heard a disturbance and seen the assault. During cross‑examination the witnesses admitted they did not actually …

THE STATE OF ANDHRA PRADESHversusBIMAL KRISHNA KUNDU AND ANR.

1997 INSC 685Appeal(s) allowed

The State of Andhra Pradesh prosecuted Bimal Krishna Kundu and his son for conspiring to leak Public Service Commission examination question papers, alleging they used dummy firms to obtain printing contracts and printed the papers at their own press. Despite being blacklisted in 1994, the alleged …

MUNICIPAL CORPORATION OF DELHIversusDELHI URBAN HOUSE OWNERS WELFARE ASSN.

1997 INSC 686Appeal(s) allowed

The Delhi High Court had struck down certain provisions of the Delhi Municipal Corporation (Determination of Rateable Valuation) Bye‑laws, 1994 and the Property Tax Return Bye‑laws, 1994, holding them repugnant to Sections 135 and 131 of the Delhi Municipal Corporation Act, 1957. The appellant filed …

STATE OF PUNJAB AND ORS.versusINDER SINGH AND ORS.

1997 INSC 687Appeal(s) allowed

The State of Punjab ordered the repatriation of constables who had been deputed to the Criminal Investigation Department (CID) for many years, directing them to return to their parent police departments as constables or head constables. The respondents challenged the order, arguing that they should …

GRAM PANCHAYAT KAKRANversusADDL. DIRECTOR OF CONSOLIDATION AND ANR.

1997 INSC 688Appeal(s) allowed

The Gram Panchayat of village Kakran challenged an order of the Additional Director of Consolidation dated 23 May 1996, which granted a portion of Bachat land to the second respondent after he filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of …

SUKHBIR SINGH AND ORS.versusSTATE OF HARYANA

1997 INSC 683Disposed off

The appellants Sukhbir Singh and others were initially charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and tried by a designated TADA court. The designated judge held that no offence under TADA was made out and, relying on a Punjab and Haryana High Court decision, …

HARYANA STATE ELECTRICITY BOARD AND ANR.,versusHAKIM SINGH

1997 INSC 680Appeal(s) allowed

The father of the respondent, Hakim Singh, a lineman with the Haryana State Electricity Board (HSEB), died in 1974. Fourteen years later, his widow applied for a compassionate appointment for their son, relying on HSEB circulars that allowed one family member to be considered for employment within …

THE STATE BANK OF INDIAversusA.N. GUPTA AND ORS.

1997 INSC 681Dismissed

The Supreme Court examined two appeals by the State Bank of India against Delhi High Court orders directing payment of pension and provident fund to former assistants A.N. Gupta and Gulati, who had retired on superannuation. The Bank argued that under Rule 11 of the Imperial Bank of India Pension …

HA MALBARI (DEAD) BY LRS.versusNASIRUDDIN PIRMOHMAD AND ORS.

1997 INSC 682Dismissed

The petitioners, legal heirs of a deceased licensee, challenged the continuation of summary ejectment proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, after the licensee's death. They argued that the cause of action was personal and should abate with the licensee's …

UNION OF INDIAversusB.S. AGARWAL AND ANR. ETC.

1997 INSC 677Disposed off

The Supreme Court examined three civil appeals arising from orders of the Central Administrative Tribunal that appointed junior officers to the post of General Manager (GM) and equivalent in the Indian Railways, allegedly bypassing senior officers. The dispute centered on the interpretation of …

EUGENIO MISQUITA AND ORS.versusSTATE OF GOA AND ORS.

1997 INSC 679Dismissed

The appellants challenged a declaration under Section 6 of the Land Acquisition Act, 1894 on the ground that it was barred by the one‑year limitation prescribed in the proviso to Section 6(1)(ii). A notification under Section 4(1) was published in the Official Gazette on 6 August 1992; the …

STATE OF PUNJABversusHARI KISHAN AND ORS.

1997 INSC 674Dismissed

The State of Punjab appealed against the acquittal of Hari Kishan and his brothers, who were originally convicted for the murder of Jai Rani under Sections 302 and 201 IPC. The prosecution alleged that the accused demanded dowry, ill‑treated the victim and strangled her, relying on circumstantial …

COMMISSIONER OF SALES TAX ORISSA AND ANR.versusM/S HALARI STORE ETC.

1997 INSC 675Appeal(s) allowed

M/s Halari Store, a registered dealer under the Orissa Sales Tax Act, was assessed after its books were rejected by the Sales Tax Officer. The dealer appealed to the Assistant Commissioner, who partially upheld the appeal. The Additional Commissioner then, suo motu, issued notices under Section …

M.V.JAVALversusMAHAJAN BOREWALL AND CO. AND ORS.

1997 INSC 676Appeal(s) allowed

The Assistant Commissioner of Income Tax alleged that a partnership firm, Mahajan Borewell & Co., and its three partners had failed to deduct tax at source, violating Section 276‑B of the Income Tax Act, 1961. The Special Court discharged the respondents on procedural grounds, and the High Court …

VED PRAKASH GARG ETC.versusPREMI DEVI AND ORS. ETC.

1997 INSC 671Case Partly allowed

The owners of motor trucks, who employed drivers and cleaners, suffered fatal accidents and their employees' heirs filed claims under the Workmen's Compensation Act, invoking Section 167 of the Motor Vehicles Act. The Workmen's Commissioner awarded compensation, interest, and penalty, holding the …

DUKHMOCHAN PANDEY AND ORS.versusSTATE OF BIHAR

1997 INSC 672Appeal(s) allowed

The case arose from a mob of about 200 armed persons who attacked labourers transplanting paddy on a field, resulting in the deaths of Razaullah and Ahmed Shah. The trial court convicted all accused under Sections 302/149 and 302/34 IPC; the High Court set aside the 302/149 convictions but upheld …

STATE OF HARYANA AND ORS.versusSHRI OM PRAKASH BHASIN (D) BY L.RS. AND ORS.

1997 INSC 673Disposed off

The State of Haryana acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs.10 per square yard, which was later enhanced to Rs.12 and then Rs.15 per square yard by the District Judge and the High Court respectively. The landowner also claimed a solatium of 30% on the …

THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA AND ANR.versusSHRI BIJOY KUMAR MISHRA

1997 INSC 668Appeal(s) allowed

Bijoy Kumar Mishra was appointed as a probationary officer of the State Bank of India in October 1980. He remained unauthorisedly absent from duty from April 1981 and, after a brief appearance in August 1983, was absent until 1988. The bank’s service rules fixed a maximum probation period of three …

STATE OF BIHAR AND ORS.versusINDIAN ALUMINIUM COMPANY AND ORS.

1997 INSC 667Dismissed

The State of Bihar enacted the Bihar Forest Restoration and Improvement of Degraded Forest Land Taxation Act, 1992 to levy a tax on the excavation and use of forest land for non‑forest purposes. Respondents, including Indian Aluminium Company, held mining leases under the Mines and Minerals …

H.M. KELOGIRAO AND ORS., ETCversusGOVERNMENT OF A.P. AND ORS.

1997 INSC 670Dismissed

The Government of Andhra Pradesh, at the request of the State Road Transport Corporation, acquired 9.87 cents of land in Anantapur for a bus stand under the Land Acquisition Act, 1894, publishing a Section 4(1) notification and invoking emergency provisions. Earlier writ petitions had quashed the …

WESTERN INDIA PLYWOOD LTD.versusSHRI. P. ASHOKAN

1997 INSC 663Appeal(s) allowed

The respondent, an employee of Western India Plywood Ltd., suffered a hand amputation while at work and received disability benefits under the Employees' State Insurance (ESI) Act, 1948. He later sought permission to file a suit for additional compensation against his employer under tort law, but …

P.K. RAMACHANDRANversusSTATE OF KERALA AND ANR.

1997 INSC 665Dismissed

The State of Kerala filed a Miscellaneous First Appeal against a Sub‑Court decree in an arbitration matter, but the appeal was filed 565 days after the limitation period expired. The High Court, despite the respondent’s strong opposition, condoned the delay without recording any satisfaction that …

SMT. SHANTI RANI DAS DEWANJEEversusDINESH CHANDRA DAY (DEAD) BY LRS.

1997 INSC 662Dismissed

The appellant challenged a lower court order that rejected her claim that filing a counter‑claim under Order VIII Rule 6A of the Code of Civil Procedure after the written statement was barred. The suit (Civil Case No. 248/82) was instituted on 15‑July‑1982 and the application for a counter‑claim was …

STATE OF M.P. AND ORS.versusR.N. MISHRA AND ANR.

1997 INSC 661Appeal(s) allowed

The respondent, a Forest Range Officer, was alleged to have committed misconduct and a preliminary inquiry was launched in 1976. While the inquiry was pending, he was promoted to Assistant Conservator of Forest in 1977. After the inquiry concluded, the State Government penalised him by withholding …

RAO SOMASHEKARA AND ORS.versusSTATE OF KARNATAKA AND ANR.

1997 INSC 657Dismissed

The petitioners, secondary school teachers in Karnataka who were originally allotted from the former State of Hyderabad, claimed that the pay‑scale disparity persisting from 1 January 1957 to 31 December 1969 violated Article 14 of the Constitution. The State had, based on the Justice Tukol …

C. SAMPATH KUMARversusTHE ENFORCEMENT OFFICER, ENFORCEMENT DIRECTORATE, MADRAS

1997 INSC 659Dismissed

The appellant was served a summons under Section 40 of the Foreign Exchange Regulation Act, 1973, requiring him to appear before the Enforcement Officer and give a written, signed statement. He challenged the summons, contending that he could not be compelled to provide a written statement, alleging …

MIS. KALYANI BREWERIES LTD.versusST ATE OF WEST BENGAL AND ORS.

1997 INSC 656Dismissed

The appellant, Kalyani Breweries Ltd., collected deposits on beer bottles, refunded deposits on return, and transferred unrefunded amounts to a "Bottle Deposit Forfeited" account. The Commercial Tax Officer treated the forfeited amount as sales revenue and levied sales tax, which was upheld by the …

MIS FARIDABAD CT. SCAN CENTREversusD.G. HEALTH SERVICES AND ORS.

1997 INSC 655Dismissed

The Faridabad CT Scan Centre, a private diagnostic centre not attached to any hospital, sought exemption from customs duty on imported hospital equipment under Notification No. 64188 dated 1‑3‑1988. It argued that similar centres had been granted the exemption and that denial violated Article 14 of …

MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITYversusA. GEETHA AND ORS.

1997 INSC 654Appeal(s) allowed

The Marine Products Export Development Authority (MPEDA) issued Standing Instructions governing promotion channels for its employees. Four Quality Supervisors appointed directly to Group B posts sought to change their promotion channel, but the Executive Committee rejected their request, holding …

UNION OF INDIA AND ANR.versusR. SWAMINATHAN ETC. ETC.

1997 INSC 653Appeal(s) allowed

The respondents, employees of the Department of Posts and Telegraph, claimed that on promotion they received lower pay than juniors who were later promoted, alleging an anomaly that should be remedied by stepping up their pay under Government Order No. F2(78) E.III(A)/66. The Central Administrative …

UNION PUBLIC SERVICE COMMISSIONversusS. PAPAIAH AND ORS.

1997 INSC 650Appeal(s) allowed

The Union Public Service Commission (UPSC) complained that a candidate had used unfair means in the Indian Forest Service examination and asked the CBI to investigate. The CBI filed a closure report under Section 173 of the CrPC, but failed to give the UPSC proper notice of its right to object. The …

STATE OF MAHARASHTRAversusRAJENDRA JAWANMAL GANDHI ETC.

1997 INSC 651Appeal(s) allowed

The accused Rajendra Jawanmal Gandhi was charged with raping an eight‑year‑old girl. The trial court convicted him under Section 376 IPC and sentenced him to seven years' rigorous imprisonment. The Bombay High Court set aside the rape conviction, finding only an attempt and convicting him under …

T.DEEN DAYALversusTHE HIGH COURT OF ANDHRA PRADESH

1997 INSC 647Dismissed

T. Deen Dayal, a Rajya Sabha candidate, filed a transfer application in an election petition alleging bias and corruption against the presiding judge. The judge deemed the allegations baseless and scandalous, initiating suo moto contempt proceedings under the Contempt of Courts Act, 1971. The High …

STATE OF UTTAR PRADESH AND ANR.versusM/S. UNIVERSAL EXPORTERS AND ANR.

1997 INSC 648Dismissed

The assessee, M/s Universal Exporters, applied for blank Form III‑A under Rule 12A(5) of the Uttar Pradesh Sales Tax Rules to rebut the presumption of sale to a consumer under Section 3‑AAA of the Uttar Pradesh Sales Tax Act. The Sales Tax Officer rejected the application, holding that the …

LIEWELLYN FURTADO AND ORS.versusGOVERNMENT OF GOA AND ORS.

1997 INSC 649Appeal(s) allowed

The petitioners challenged a land acquisition on the ground that the declaration under Section 6 of the Land Acquisition Act, 1894 was made after the one‑year limitation period prescribed by Section 4, and that an unreasonable gap between the initial and gazette notifications, coupled with the …

UNION OF INDIA AND ANR. ETC.versusR. IYYASWAMY AND ORS.

1997 INSC 644Appeal(s) allowed

The Union of India challenged the validity of Rule 2(i)(a) of the Assistant Engineers (Akashwani and Doordarshan Group ‘B’ Posts) Recruitment (Amendment) Rules, 1985, which provides a 25% promotion quota through a Departmental Promotion Committee. The respondents argued that the rule discriminated …

N.C. DASversusM.A. MOHSIN AND ANR.

1997 INSC 645Dismissed

The petitioner filed a Special Leave Petition before the Supreme Court seeking to compel the Patna High Court to initiate contempt proceedings against the respondents for alleged non‑compliance with a prior order. The High Court held that the order had been complied with, declined to entertain the …

SMT. SHANTI DEVI .versusSTATE OF U.P. AND ORS.

1997 INSC 646Disposed off

Shanti Devi mortgaged her agricultural land and, upon default, the land was sold at a revenue auction. The purchaser submitted an affidavit that his total holding would remain below the 12.50‑acre ceiling prescribed by Section 154(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, but …

KARTIKEYA V. SARABHAIversusCOMMISSIONER OF INCOME TAX

1997 INSC 642Dismissed

The appellant bought 90 non‑cumulative preference shares of Rs 1,000 face value at Rs 420 each. The company reduced the share capital twice, first paying Rs 500 per share in 1965 and later reducing the face value to Rs 50 and paying Rs 450 per share in 1966. The Income Tax Officer treated the Rs 450 …

BALKRISHNA RAMCHANDRA KADAMversusSANGEETA BALKRISHNA KADAM

1997 INSC 641Disposed off

The husband and wife married and later the wife sought judicial separation, maintenance and relief under Section 27 of the Hindu Marriage Act for jewellery and other property she claimed were given at or about the time of marriage. The husband filed for divorce on grounds of cruelty, which was …

MANSUKHLAL VITHALDAS CHAUHANversusSTATE OF GUJARAT

1997 INSC 637Appeal(s) allowed

M.V. Chauhan, a Divisional Accountant, was caught in a trap involving anthracene‑treated currency notes and was prosecuted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 IPC. The Gujarat High Court, on a writ petition, directed the Secretary of the Vigilance Commission …

RAJASTHAN ROAD TRANSPORT CORPORATIONversusKAILASH NATH KOTHARI AND ORS. ETC. ETC.

1997 INSC 638Dismissed

The Rajasthan State Road Transport Corporation (RSRTC) hired a bus from its owner, Sanjay Kumar, and operated it on a route for which it held a permit. The bus, driven by the owner's employee, was swept away over a flooded bridge, killing 23 passengers. The victims' heirs filed claims for …

STATE REP. BY C.B.I.versusANILSHARMA

1997 INSC 639Appeal(s) allowed

The Central Bureau of Investigation (CBI) investigated former Himachal Pradesh minister Anil Sharma under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Sharma applied to the Himachal Pradesh High Court for anticipatory bail under …

BHAG SINGH AND ORS. ETC.versusSTATE OF PUNJAB

1997 INSC 640Dismissed

The appellants were convicted of murdering Bagicha Singh and their conviction was upheld by the Sessions Court and the Punjab & Haryana High Court. On appeal, they argued that the eye‑witnesses, who had previously testified against them in a related murder case, were biased and that their precise …

JAIPUR DEVELOPMENT AUTHORITYversusSMT. KAILASHWATI DEVI

1997 INSC 631Appeal(s) allowed

The Jaipur Development Authority (JDA) was impleaded as a defendant in a suit filed by Kailashwati Devi challenging land acquisition and seeking a permanent injunction. The trial court decreed the suit ex parte, and on appeal JDA sought to introduce additional documents under Order 41 Rule 27(1)(aa) …

UNION OF INDIA AND ORS.versusSHRI RAMESH KUMAR

1997 INSC 632Appeal(s) allowed

Shri Ramesh Kumar, a government inspector, was arrested and convicted under Section 5(2) of the Prevention of Corruption Act, 1947 for accepting illegal gratification. The disciplinary authority dismissed him under Rule 19 of the Central Civil Services (Conduct) Rules, 1965 and the Vigilance Manual …

VIJAYAWADA BOTTLING CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE, GUNTUR

1997 INSC 633Appeal(s) allowed

Vijayawada Bottling Co. Ltd., a manufacturer of Maaza Mango aerated water, excluded rental and service charges for returnable bottles from its price list. The Assistant Collector of Central Excise included these charges in the assessable value, a view affirmed by the Collector (Appeals). The CCEAT …