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Judgments of 1997

846 judgments · newest first · showing 201–400

M/S OBLUM ELECTRICAL INDUSTRIES PVT. LTD., HYDERABADversusCOLLECTOR OF CUSTOMS, BOMBAY

1997 INSC 634Appeal(s) allowed

Mis Oblum Electrical Industries, a manufacturer of lightning arrestors, imported Crystar beams as kiln furniture and claimed duty‑free clearance under Customs Notification No. 210/82 and No. 116/88. The Additional Collector of Customs and the Customs, Excise & Gold (Control) Appellate Tribunal held …

UNITED INDIA INSURANCE CO. LTD.versusSHRI GIAN CHAND AND ORS.

1997 INSC 635Appeal(s) allowed

The United India Insurance Company had issued a third‑party motor insurance policy for a car owned by R‑9. The car was driven by R‑1, who was unlicensed, and collided with a scooter, killing its rider. The claimants (dependents of the deceased) sought compensation, and the Motor Accident Claims …

RAMKISHAN AND OTHERSversusSTATE OF RAJASTHAN

1997 INSC 636Appeal(s) allowed

Ten persons attacked a bullock‑cart carrying the complainant party; one victim, Bhura, died and another, Badri, was injured. Five of the accused (the appellants) were convicted by the trial court and the High Court under Section 302 (murder) and Section 148 IPC. On appeal, the Supreme Court examined …

MUNICIPAL CORPORATION OF DELHIversusLICHHO DEVI AND ORS.

1997 INSC 630Disposed off

The Municipal Corporation of Delhi appealed against a Delhi High Court order that declared the acquisition notification of two Khasra numbers void because the award under Section 11-A of the Land Acquisition Act, 1894 was not made within the statutory two‑year period. The High Court had held that a …

RELIANCE INDUSTRIES LTD.versusPRAVINBHAI JASBHAI PATEL AND ORS.

1997 INSC 629Appeal(s) allowed

The Supreme Court considered an appeal by Reliance Industries Ltd. against the Gujarat High Court’s dismissal of its review petition challenging a writ order passed under Article 226 that directed polluting industries to install effluent treatment. The division bench of the High Court had differed …

STATE OF ORISSAversusM/S ORISSA ROAD TRANSPORT CO. LTD. ETC. ETC.

1997 INSC 625Appeal(s) allowed

The State of Orissa assessed sales tax on M/s Orissa Road Transport Co. Ltd. for the periodic sale of obsolete and unserviceable spare parts, alleging that the corporation was a dealer under the Orissa Sales Tax Act, 1947 but had not registered. The Sales Tax Officer levied tax and penalty under …

COLLECTOR OF CENTRAL EXCISEversusUSHA MARTIN INDUSTRIES

1997 INSC 626Dismissed

The Collector of Central Excise appealed against Usha Martin Industries, which claimed exemption from central excise duty on wire‑rods manufactured from steel billets that were themselves exempt from duty. The dispute centered on whether the phrase “on which appropriate amount of duty of excise has …

DAYARAM DAYALversusSTATE OF M.P. AND ANR.

1997 INSC 628Appeal(s) allowed

Dayaram Dayal was appointed Civil Judge, Class II in Madhya Pradesh in 1985 with a two‑year probation that could be extended for a further two years, making a maximum probation of four years under Rule 24 of the M.P. Judicial Services Rules, 1955. After several adverse performance reports, …

M/S. EASTERN DIECASTING INDUSTRYversusTHE COLLECTOR OF CENTRAL EXCISE, CALCUTTA

1997 INSC 619Dismissed

Eastern Diecasting Industry, which manufactures railway overhead equipment and fittings, was classified under Central Excise Tariff Item 68 and faced a demand for duty and a penalty under Rule 173 Q of the Central Excise Rules, 1944, for allegedly exceeding exemption limits. The company argued that …

SMT. JASBIR KAUR SEHGALversusTHE DISTRICT JUDGE DEHRADUN AND ORS.

1997 INSC 620Appeal(s) allowed

The wife, Jasbir Kaur Sehg al, filed for divorce and, having no income, was supporting her eldest unmarried daughter. She applied for maintenance pendente lite under Section 24 of the Hindu Marriage Act, which the High Court had enhanced to Rs 1500 per month. The Supreme Court examined whether …

SURINDER SINGH AND ORS. ETC.versusSTATE OF PUNJAB AND ANR. ETC.

1997 INSC 621Dismissed

The Punjab government advertised 2,461 teacher vacancies in 1992 but, during the selection process, 7,737 posts became vacant and were filled by candidates who had applied for the advertised posts. The High Court quashed the excess appointments, limiting selections to the advertised number, and the …

UNION OF INDIA AND ANOTHERversusG. GANAYUTHAM (DEAD) BY LRS.

1997 INSC 622Appeal(s) allowed

The respondent, a Central Excise Superintendent, was found guilty of several charges in a departmental inquiry and, under Rule 9 of the Central Civil Services (Pension) Rules, 1972, had 50% of his pension and 50% of his gratuity withheld. The Central Administrative Tribunal held that Rule 9 did not …

PATNA UNIVERSITY AND ANR.versusDR. (MRS.) AMITA TIWARI

1997 INSC 623Appeal(s) allowed

The respondent, Amita Tiwari, was appointed on an ad‑hoc basis as a lecturer in Home Science at Patna Women's College despite not possessing the post‑graduate qualification in Home Science required by the university statutes, though she held an M.A. in Sociology, an allied subject. The Chancellor …

COMMISSIONER OF INCOME TAX, DELHIversusSTEPWELL INDUSTRIES LTD. ETC. ETC.

1997 INSC 624Case Partly allowed

The Supreme Court examined a series of civil appeals concerning the claim of weighted deduction under Section 35B(1)(b) of the Income Tax Act, 1961. It held that the onus lies on the assessee to prove that any expenditure falls within the specific sub‑clauses of Section 35B(b); mere occurrence of …

MODI RUBBER LIMITEDversusUNION OF INDIA AND ANR.

1997 INSC 618Dismissed

Modi Rubber Ltd. imported polypropylene liner fabric (PPLF) for use as a protective liner in tyre‑manufacturing machinery and argued that it should be classified as a component part of the machines under ICT Item 72(3), attracting a lower duty. The Customs Department classified the fabric under Item …

R. KANDASAMYversusTHE CHIEF ENGINEER, MADRAS PORT TRUST

1997 INSC 617Appeal(s) allowed

R. Kandasamy applied for a Mazdoor position in the Madras Port Trust and submitted a Community Certificate issued by the Tehsildar in 1987. The Trust rejected the certificate, insisting on a newer one from the Revenue Divisional Officer, citing G.O. No. 2137 dated 11‑Nov‑1989 which mandated …

JAGDISH NEGI, PRESIDENT, UTIARAKHAND JAN MORCHA AND ANR.versusSTATE OF U.P. AND ANR.

1997 INSC 613Case Partly allowed

The Supreme Court heard a public‑interest writ petition filed by Uttarakhand Jan Morcha on behalf of residents of nine hill districts of Uttar Pradesh (Uttarakhand) seeking enforcement of the 27% reservation for socially and educationally backward classes under the U.P. Public Services (Reservation …

THE STATE OF MAHARASHTRAversusM/S. EMBEE CORPORATION, BOMBAY

1997 INSC 614Dismissed

M/s Embee Corporation entered into a contract with the Directorate General of Supplies & Disposal (DGS&D) to import carbamite from West Germany for use in a government explosives factory. The importer claimed exemption from Central Sales Tax, arguing that the sale was in the course of import under …

M/S. L.M.L. LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, KANPUR

1997 INSC 615Appeal(s) allowed

L.M.L. Ltd., a scooter manufacturer, purchased duty‑paid cold‑rolled steel sheets under tariff heading 7212.50 and claimed MODVAT credit. After cutting the sheets, the remaining off‑cuts were used to make small ancillary parts. The Collector of Central Excise held that the off‑cuts should be …

EMPLOYEES STATE INSURANCE CORPORATIONversusDWARKA NATH BHARGWA

1997 INSC 616Appeal(s) allowed

The Employees State Insurance Corporation (ESIC) sought to recover unpaid ESI contributions from employer Dwarka Nath Bhargwa that were due on 27‑01‑1967 and 24‑01‑1968. ESIC issued notices under Section 45B of the Employees State Insurance Act, 1948, which had come into force on 28‑01‑1968, to …

GUJARAT INDUSTRIAL DEVELOPMENT CORPORATIONversusTHE COMMISSIONER OF INCOME TAX

1997 INSC 611Appeal(s) allowed

The Gujarat Industrial Development Corporation (GIDC), created under the Gujarat Industrial Development Act, 1962, sought exemption from income tax under Section 10(20A) of the Income Tax Act, 1961, claiming that its income arose from planning, development, or improvement of cities, towns, and …

THE STATE OF GUJARATversusRATILAL LALJIBHAI TANDOL AND ANR.

1997 INSC 612Disposed off

The Gujarat Government, through its Legal Department, issued a circular directing that proposals to file an appeal against an acquittal be routed through the District Magistrate, whose opinion was considered essential before the State took a final decision. The High Court, concerned about delays, …

STATE OF MADHYA PRADESH AND ORS.versusBHARAT HEAVY ELECTRICALS

1997 INSC 608Appeal(s) allowed

The respondents, registered dealers under the Sales Tax Acts, manufactured and sold goods both locally and outside the local area. Under the Madhya Pradesh Entry Tax Act, 1976, they were required to declare that goods sold were local and that no entry tax had been paid; failure to do so invoked …

AJIT SAVANT MAJAGAVIversusSTATE OF KARNATAKA

1997 INSC 609Dismissed

The appellant, Ajit Savant Majagavi, was charged with murdering his wife, Padmavathi, and was acquitted by the Sessions Court on the ground that the prosecution failed to prove his presence at the lodge where the death occurred and that key witnesses had turned hostile. The State appealed under …

BEHARI KUNJ SAHKARI AWAS SAMITI AND ANR.versusSTATE OF U.P. AND ORS.

1997 INSC 610Appeal(s) allowed

The Custodian of Evacuee Property, U.P. ordered the transfer of a property to Harnath Chaturvedi on 11 November 1982, and the order was approved by the Assistant Custodian General, a delegate of the Custodian General under Section 55 of the Administration of Evacuee Property Act, 1950. The State of …

VISHAKA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1997 INSC 604Disposed off

The Supreme Court entertained a class-action writ petition filed by Vishaka and NGOs seeking enforcement of the fundamental rights of working women under Articles 14, 19(1)(g) and 21 of the Constitution, prompted by a gang‑rape incident in Rajasthan. The Court held that sexual harassment of women in …

THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusSYED YOUSUDDIN AHMED

1997 INSC 605Appeal(s) allowed

Syed Yousuddin Ahmed, a Deputy Executive Engineer of the Andhra Pradesh Government, claimed that four incentive increments (personal pay) he received should be counted as part of his emoluments for pension calculation. The Andhra Pradesh Administrative Tribunal held that the incentive increments …

PRAHLAD SINGHversusSTATE OF MADHYA PRADESH

1997 INSC 606Appeal(s) allowed

The appellant, an army jawan, was charged under Section 376 IPC for raping a minor girl. The Sessions Court, after hearing the doctor, the victim and her parents, concluded that rape had occurred but found no reliable evidence linking the appellant to the crime and acquitted him. The State appealed, …

ATMARAM ZINGARAJIversusSTATE OF MAHARASHTRA

1997 INSC 607Disposed off

Nine persons, including Atmaram Zingaraji, were charged with rioting, unlawful assembly, murder and wrongful restraint for an incident on 5 June 1987. The trial court acquitted all, but the High Court set aside the acquittal of the appellant, convicting him under Section 302 IPC (simpliciter) and …

HIRA MANversusSTATE OF U.P. AND ORS.

1997 INSC 603Appeal(s) allowed

The appellant, a class‑IV employee, was promoted to the post of clerk in a government‑aided college. Respondent No. 4, the son of a government servant who died in service, claimed a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness …

BILAL AHMAD KALOOversusSTATE OF ANDHRA PRADESH

1997 INSC 598Appeal(s) allowed

Bilal Ahmad Kaloo, a Kashmiri youth and member of the militant outfit Al‑Jehad, was arrested in Hyderabad for allegedly spreading communal hatred among Muslims and possessing a revolver and cartridges. The Designated Court under TADA acquitted him of TADA offences but convicted him under IPC …

MADAN LALversusSTATE OF JAMMU AND KASHMIR

1997 INSC 599Dismissed

Madan Lal, a school headmaster, was charged under Sections 376/511 IPC for attempting to rape a 13‑year‑old student who he allegedly detained at his residence and forced to sexual intercourse. The trial court acquitted him, finding the victim’s testimony unreliable, the medical report inconclusive, …

RAMBHAI NATH BHAI GANDHVI AND ORS.versusSTATE OF GUJARAT

1997 INSC 600Case Partly allowed

The accused were arrested for smuggling arms and were tried by a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959. The trial court convicted them, relying on an order dated 3 September 1993 issued by the Director General of Police, …

COMMISSIONER OF INCOME TAX, MADRASversusM/S. RAMBAL PRIVATE LTD. ETC.

1997 INSC 601Dismissed

M/s RamBal Private Ltd., a manufacturer of nuts, bolts and screws for automobiles (item 20 of the Fifth Schedule), claimed a 35% development rebate under Section 33(1)(b)(i)(A) of the Income Tax Act, 1961 for machinery installed before 1‑April‑1970. The Income‑Tax Officer allowed only a 20% rebate, …

DIRECTOR OF ENFORCEMENT AND ANR.versusP.V. PRABHAKAR RAO

1997 INSC 594Appeal(s) allowed

The respondent, P.V. Prabhakar Rao, feared arrest in connection with a massive urea‑related foreign exchange fraud and sought anticipatory bail under Section 438 of the Code of Criminal Procedure. A Single Judge of the Andhra Pradesh High Court granted an interim order, later making it absolute, …

HABIBA KHATOONversusUBAIDUL HUQ AND ORS.

1997 INSC 595Dismissed

The case concerned a house sold by Smt. Amir Jehan Begam to Shakir Ahmad Khan, who executed an Agreement of Reconveyance granting the vendor a right to repurchase the property within three years. Shakir transferred his interest to the appellant, while the vendor’s son, Irfan Hasan Khan, later …

I.C.A.R. AND ANR.versusT.K. SURYANARAYAN AND ORS.

1997 INSC 597Disposed off

The Supreme Court examined appeals against the Central Administrative Tribunal’s orders that granted accelerated promotion to three ICAR employees on the basis of their educational qualifications. The employees had not been initially fit into Grade T‑1‑3 Category I when the Technical Service Rules …

UNION OF INDIAversusBIJAN GHOSH AND ORS.

1997 INSC 590Disposed off

A press communique issued from Rashtrapati Bhawan on 23 January 1992 announced that the President would confer the Bharat Ratna posthumously on Subhash Chandra Bose. Petitioners filed a writ petition seeking recall, cancellation and revocation of the award, and also demanded information on Bose's …

TATA DAVY LTD. ETC.versusSTATE OF ORISSA AND ORS.

1997 INSC 591Appeal(s) allowed

Tata Davy Ltd was declared a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985 and a reconstruction scheme was sanctioned by the Board. The company had arrears of sales tax under the Orissa Sales Tax Act, 1947, and the State sought attachment of its property …

UPPER GANGES SUGAR MILLS LTD. ETC.versusCOMMISSIONER OF INCOME TAX, CALCUTTA

1997 INSC 592Dismissed

Upper Ganges Sugar Mills Ltd donated Rs 25,000 to the Vishwa Mangal Trust and claimed a deduction under Section 80G of the Income Tax Act, 1961. The Income‑Tax Officer initially allowed the deduction, but the assessment was later reopened under Section 147(b) and the claim was disallowed. The …

KANHAIYA LAL SETHIA AND ANR.versusUNION OF INDIA AND ANR.

1997 INSC 593Dismissed

The petitioners filed a public interest writ under Article 32 seeking a direction to the Union of India to introduce a Bill in Parliament to include the Rajasthani language in the Eighth Schedule, or alternatively to strike down the 71st Amendment (1992) that added Manipuri, Konkani and Nepali, …

UNION OF INDIAversusK.N. SIVADAS AND ORS.

1997 INSC 587Appeal(s) allowed

The case concerned members of the Reserved Trained Pool (RTP) of the Posts and Telegraphs Department who, after being absorbed as regular employees, claimed the benefits granted to casual labourers under the 1989 Casual Labourers (Grant of Temporary Status and Regularisation) Scheme. The Central …

SHRI DILIP K. BASU ETC.versusSTATE OF WEST BENGAL AND ORS.

1997 INSC 588Disposed off

The Supreme Court, recalling its earlier D.K. Basu judgment which laid down eleven procedural safeguards to prevent custodial violence, noted that more than seven months had passed without evidence of implementation. On petitions filed by Dr. A.M. Singhvi, the Court directed the Director General of …

STATE OF RAJASTHANversusHITENDRA KUMAR BHATT

1997 INSC 589Appeal(s) allowed

The Rajasthan State advertised a post in 1992 requiring a technical qualification (B.S.T.C. or equivalent) to be possessed by the application deadline of 29 June 1992. Hitendra Kumar Bhatt applied but did not have the qualification on that date; his results were declared only on 6 August 1992. He …

P.S. RAMAMOHANA RAOversusA.P. AGRICULTURAL UNIVERSITY AND ANR.

1997 INSC 586Appeal(s) allowed

P.S. Ramamohana Rao, employed as Physical Director at Bapatla Agricultural College and later transferred to Andhra Pradesh Agricultural University, was ordered to retire at age 58. He challenged the order, contending that under Section 2(n) of the Andhra Pradesh Act 24 of 1963 a Physical Director is …

MOHAN DUTT SHARMAversusCHIEF JUSTICE, PUNJAB AND HARYANA HIGH COURT

1997 INSC 583Disposed off

M.D. Sharma, a clerk who rose to Assistant and Senior Assistant in the Punjab and Haryana High Court, qualified in the Subordinate Accounts Services examination and was promoted on an ad‑hoc basis to Superintendent Grade‑II and later to Superintendent Grade‑I in newly created posts. Both promotions …

N.S.M. AHMED JAMALIA BEEVIversusD.N. SHAH

1997 INSC 584Appeal(s) allowed

The appellant, a landlady, leased premises to the respondent with permission to sub‑let. The respondent defaulted on rent from September 1990 and, despite notices and multiple proceedings, failed to pay any arrears. The Rent Controller and the Appellate Authority ordered eviction and directed the …

GOPI AQUA FARMS AND ORS. ETC.versusUNION OF INDIA

1997 INSC 579Dismissed

Gopi Aqua Farms and others filed a writ petition under Article 32 challenging a 19‑Feb‑1991 notification issued under the Environment (Protection) Act, 1986, after the Supreme Court had delivered its judgment in Jagannath v. Union of India. The petitioners argued that they were not parties to the …

NOORSABA KHATOONversusMOHAD. QUASIM

1997 INSC 580Appeal(s) allowed

Noorsaba Khatoon, a Muslim woman, filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance for herself and her three minor children after being deserted by her husband, Mohd. Quasim, who later divorced her and took a second wife. The trial court ordered …

NATIONAL RAYON CORPORATION LTD.versusTHE COMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 581Dismissed

The Supreme Court considered whether Rs. 79 lakh set aside by National Rayon Corporation Ltd. as a Debenture Redemption Reserve for the assessment year 1967‑68 should be treated as a provision or a reserve for the purpose of computing the company's capital under the Companies (Profits) Surtax Act, …

T.V.L. NILSIN INDUSTRIES ETC.versusSTATE OF TAMIL NADU

1997 INSC 577Dismissed

The assessees, T.V.L. Nilsin Industries, challenged the classification of ultramarine blue for sales tax purposes, arguing it should be taxed as a chemical under Item 138 of the Tamil Nadu General Sales Tax Act, 1959. The Sales Tax authorities classified it as a pigment under Item 110, making it …

SAHIB SINGHversusSTATE OF HARYANA

1997 INSC 578Appeal(s) allowed

Sahib Singh was convicted under the IPC and TADA for the murder of Om Prakash based on the testimony of three brothers—sons of the deceased—and a confession recorded under Section 15 of the TADA Act. The Supreme Court examined whether relatives of the deceased are competent witnesses, the effect of …

K. AJIT BABU AND OTHERS.versusUNION OF INDIA AND ORS.

1997 INSC 575Appeal(s) allowed

The appellants, senior officers of the Chief Controller of Imports and Exports, challenged a seniority list prepared on the basis of a 1987 Central Administrative Tribunal (CAT) judgment that affected their promotion prospects. After review petitions were rejected, they filed an application under …

CHAIRMAN, RAILWAY BOARD AND ORS.versusC.R. RANGADHAMAIAH AND ORS. ETC. ETC.

1997 INSC 573Dismissed

The case concerned railway employees who retired between 1 January 1973 and 4 December 1988 and whose pension was to be calculated under Rule 2544 of the Indian Railway Establishment Code, which then allowed a running allowance of up to 75% of other emoluments. The Railway Board later issued …

K.C. SHARMA AND ORS.versusUNION OF INDIA

1997 INSC 574Appeal(s) allowed

The appellants, former guards of the Northern Railway who retired between 1980 and 1988, challenged a 1988 notification that retrospectively reduced the percentage of running allowance used to calculate pension from 75% to 45% (1973‑1979) and to 55% thereafter. The Full Bench of the Central …

RAJESH KUMAR AND ANR.versusTHE INSTITUTE OF ENGINEERS (INDIA)

1997 INSC 576Appeal(s) allowed

Rajesh Kumar and Harbir Singh appeared for the Institute of Engineers (India) examination in 1990. The Institute alleged copying based on similarity of answer books and cancelled their results, also disqualifying them from two subsequent exams. The appellants challenged the cancellation in civil …

JIBRIAL DIWANversusSTATE OF MAHARASHTRA

1997 INSC 571Appeal(s) allowed

The case involved a cultural show organized by a minister where invitation letters on the minister's letterhead were forged. The appellant delivered the forged letters to the invitees but did not forge them himself. He was convicted by the High Court under IPC sections 417 (cheating), 465 (forgery), …

PUNJAB NATIONAL BANKversusK.C. CHOPRA AND ANR.

1997 INSC 572Appeal(s) allowed

The respondent, originally an Assistant Director in a government organization, was deputed to Punjab National Bank (PNB) on 10 March 1970 and absorbed permanently on 10 March 1972. PNB's 1979 Officers Service Regulations stipulated that officers recruited before 19 July 1969 retire at 60, while …

SH. M.V. SRINIVASA AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 567Dismissed

The Karnataka Government had initially granted project staff free quarters, electricity and water, extending these amenities even to those posted at taluk headquarters. A later government order of 20 August 1987 sought to withdraw these amenities, initially claiming retrospective effect from 19 …

AHMEDABAD MUNICIPAL CORPORATIONversusVIRENDRA KUMAR JAYANTIBHAI PATEL

1997 INSC 568Appeal(s) allowed

The Ahmedabad Municipal Corporation regularly engaged Dr. V. K. Jayantibhai Patel on a daily fee basis to cover for its dental surgeons on leave. When permanent dental surgeon posts were advertised, Patel applied but was not selected, and he claimed permanent status based on 1,034 days of service, …

MADHU BALAversusSURESH KUMAR AND ORS.

1997 INSC 569Appeal(s) allowed

Madhu Bala filed two complaints alleging offences under Sections 498A and 406 IPC before Chief Judicial Magistrates. The magistrates, invoking Section 156(3) of the Criminal Procedure Code, directed the police to register a case and investigate; the police registered FIRs, investigated, and …

SINDAV HARI RANCHHODversusJADEV LAIJI JAYMAL & ORS.

1997 INSC 570Appeal(s) allowed

The plaintiffs, sons of a borrower, sued to declare the sale deeds executed by their father null and void, alleging that the transactions violated Section 49 of the Gujarat Co-operative Societies Act because the father had an outstanding loan to the Rampara Seva Sahakari Mandali. The trial court …

GTC INDUSTRIES LTD.versusCOLLECTOR OF CENTRAL EXCISE, NEW DELHI

1997 INSC 566Appeal(s) allowed

GTC Industries Ltd., a cigarette manufacturer, was served with three show cause notices demanding excise duty for different periods and factories. The High Court allowed the revenue to adjudicate the first notice but ordered that the adjudication order not be communicated to the assessee, later …

THIRU AROORAN SUGARS LTD., MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS

[1997] SUPP. 3 S.C.R. 151Dismissed

Thiru Arooran Sugars Ltd., a sugar manufacturer, cultivated sugarcane for its own factory and also bought large quantities of sugarcane from the market. Because part of its income was agricultural and part was business, the company sought to deduct the market value of the sugarcane it used as raw …

INDIA CARBON LTD. ETC.versusTHE STATE OF ASSAM

1997 INSC 565Appeal(s) allowed

India Carbon Ltd. and other appellants, manufacturers of petroleum coke, were liable to pay Central Sales Tax under the Central Sales Tax Act, 1957 on inter‑state sales. They delayed payment and the Assam Sales Tax authorities demanded interest under Section 35A of the Assam Sales Tax Act, 1947. The …

A.P. STATE FINANCIAL CORPORATION ETC.versusV AJRA CHEMICALS AND ORS. ETC.

[1997] SUPP. 2 S.C.R. 702Appeal(s) allowed

The Andhra Pradesh State Financial Corporation (AP SFC) had sanctioned a term loan to Vajra Chemicals Ltd., which defaulted despite several notices and a recall‑cum‑sale notice under Section 29 of the State Financial Corporations Act. After the borrower failed to honour post‑dated cheques, the …

MEHNGA RAM AND ANR.versusO.P. SAXENA ETC.

[1997] SUPP. 2 S.C.R. 695Appeal(s) allowed

The respondents, promoted from the running cadre (Driver Grade‑C) to the stationary post of Loco Supervisor before 1 January 1986, claimed that their pay should be stepped up to match that of a senior colleague, Sh. P.N. Kareer, who was promoted after the revised pay scales came into force and …

I.K. MISHRAversusUNION OF INDIA AND ORS.

[1997] SUPP. 2 S.C.R. 260Dismissed

The appellant I.K. Mishra, a senior auditor, was compulsorily retired under Rule 48(b) of the C.C.S. Pension Rules, 1972. He challenged the order alleging arbitrariness, that his passing of the S.A.S. Part II examination erased the effect of adverse entries in his confidential report, and that the …

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusMIS PRICE WATERHOUSE AND ANR.

[1997] SUPP. 2 S.C.R. 267Appeal(s) allowed

The Institute of Chartered Accountants of India (the Council) issued a notice to Price Waterhouse for alleged professional misconduct in preparing a booklet for EXIM Bank. After a written statement, the Council referred the matter to its Disciplinary Committee, which reported a finding of "not …

SAMATHAversusSTATE OF ANDHRA PRADESH AND ORS.

[1997] SUPP. 2 S.C.R. 305Disposed off

The case concerned the validity of mining leases granted by the State of Andhra Pradesh to non-tribal persons in scheduled areas, including reserved forests. The appellant, a society, challenged these leases as violating the Andhra Pradesh Scheduled Area Land Transfer Regulation, 1959, the Forest …

S.S. BOLA AND ORS. ETC.versusB.D. SARDANA AND ORS. ETC.

[1997] SUPP. 2 S.C.R. 507Disposed off

The case involves a challenge to the Haryana Service of Engineers Act, 1995, which was enacted with retrospective effect to alter the seniority rules between direct recruits and promotees in the Haryana Public Works Department. The Supreme Court had earlier interpreted the rules in Sehgal and …

GURDEV SINGH AND ORS.versusMEHNGA RAM AND ANR.

[1997] SUPP. 2 S.C.R. 693Appeal(s) allowed

The appellants filed an appeal before the Additional District Judge, Ferozepur, seeking to admit additional evidence under Order XLI Rule 27(b) of the CPC, specifically the examination of a handwriting expert. The Additional District Judge ordered that such evidence be produced. The respondents …

SHRI ARVIND DATTATRAYA DHANDEversusTHE STATE OF MAHARASHTRA AND ORS.

[1997] SUPP. 2 S.C.R. 231Appeal(s) allowed

The appellant, an Excise Inspector, conducted a raid on a toddy contractor and seized adulterated toddy containing the poisonous substance chloral hydrate, leading to prosecution and cancellation of the contractor's licence. In retaliation, the contractor filed a complaint against the officer, which …

THE STATE OF GUJARATversusANIRUDHSING AND ANR.

[1997] SUPP. 2 S.C.R. 234

The State of Gujarat appealed the acquittal of Anirudhsing Mahipatsingh Jadeja (Accused No.1) and Nilesh Kumar (Accused No.2) for the murder of MLA Popatbhai Sorathiya during an Independence Day ceremony. The trial court had held that the prosecution failed to prove the accused's presence, the …

AJIT PRASAD GUPTAversusSTATE OF U.P. AND ORS.

[1997] SUPP. 2 S.C.R. 258Dismissed

Ajit Prasad Gupta, whose government service was terminated on 5 January 1972, repeatedly challenged the termination through a series of petitions before the High Court, the U.P. Public Service Tribunal, and the Supreme Court between 1974 and 1981, all of which were dismissed. After each dismissal he …

ANUKUL CHANDRA PRADHANversusUNION OF INDIA AND ORS.

1997 INSC 545Dismissed

Anukul Chandrapradhan filed a writ petition under Article 32 challenging Section 62(5) of the Representation of the People Act, 1951, which bars prisoners and persons in police custody from voting, except those under preventive detention. He contended that the provision violated Articles 14 and 21 …

HARPAL SINGH ETCversusDEVINDER SINGH AND ANR. ETC.

1997 INSC 555Appeal(s) allowed

The Supreme Court examined an appeal against the acquittal of twelve students charged under the Terrorist and Disruptive Activities (Prevention) Act for the murder of Jasbir Singh and grievous hurt to Sumer Singh during a campus political clash. The Court held that a four‑hour delay in lodging the …

MANGAT RAIversusSTTE OF PUNJAB

1997 INSC 556Dismissed

The appellant, a practising doctor, was accused of murdering his wife, Madhu Bala, who was found dead hanging in their residence with a dupatta around her neck and her legs tied to a cot. Post‑mortem and chemical examination revealed ante‑mortem injuries and the presence of a lethal dose of …

M.P. OIL EXTRACTION AND ANR. ETC.versusSTATE OF MADHYA PRADESH AND ORS.

1997 INSC 557Dismissed

The appellants challenged the Madhya Pradesh Government's 1979 industrial policy and subsequent agreements that gave special treatment, assured supply of sal seeds and concessional royalty rates to selected new industrial units (Bastar Oil Mills and Sal Udyog) while denying similar benefits to older …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPURversusSMT. POONAM PAHWA AND ORS.

1997 INSC 558Dismissed

The Rajasthan State Road Transport Corporation (RSRTC) deposited the award amount from a Motor Accident Claims Tribunal in the executing court but failed to give notice to the decree holders. The decree holders claimed interest from the date of deposit (June 27, 1986) until they were informed (April …

RAJENDRA PRASAD YADAV AND ORS.versusSTATE OF MADHYA PRADESH AND ORS.

1997 INSC 559Dismissed

The appellants, members of the Apex Bank of Madhya Pradesh, challenged the Registrar's assumption of control over the Bank after the term of its Board of Directors and Managing Committee expired without elections. The High Court had held that the Registrar was justified under Section 49(8)(ii) of …

NEW ASSURANCE CO. LTD.versusSHRI B.N. SAINANI

1997 INSC 560Appeal(s) allowed

New India Assurance Co. Ltd. issued two marine insurance policies to cover consignment of computer waste from Antward to Bombay. The vessel was diverted to Muscat due to a port strike and the insurer stipulated that the goods must be re‑shipped within 60 days, otherwise liability would cease. The …

GAURAV JAINversusUNION OF INDIA AND ORS.

1997 INSC 547Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 on behalf of Gaurav Jain, seeking rescue, rehabilitation and education for children of prostitutes and an overall scheme to eradicate prostitution. The Court examined the constitutional guarantees under Articles 14, 15, 21, 23, …

STATE OF WEST BENGAL AND ORS.versusSAMARENDRA NATH PAUL AND ORS.

1997 INSC 548Appeal(s) allowed

The State of West Bengal sought to requisition two plots of land for a housing project under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948. The owners challenged the requisition, alleging that the statutory notice was not served as required by Rule 3 of the 1948 Rules, …

WEST BENGAL HOUSING BOARDversusBHAWAN LAL MUNDHRA AND ORS .

1997 INSC 549Appeal(s) allowed

The West Bengal Housing Board sought to acquire 0.63 acres of land belonging to Brijendra Lal Mundhra for a housing project for weaker sections, which included an approach road, market complex, clinic and drainage. The land was requisitioned under the West Bengal Land (Requisition and Acquisition) …

TOTA RAMversusSTATE OF U.P. AND ORS.

1997 INSC 550Dismissed

The petitioner’s land was acquired under a Section 4 notification of the Land Acquisition Act, 1894 and the reference court awarded compensation on 18 May 1990. He filed an application under Section 28‑A on 22 July 1992, claiming he only learned on 19 July 1992 that compensation for other lands had …

D.N .. VENKATARAYAPP AND ANR.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 551Dismissed

The appellants purchased lands in 1962‑64 from original grantees who had received the parcels under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Act prohibits alienation of such lands for a specified period, rendering the sales …

WEST BENGAL HOUSING BOARD AND ORS.versusBRIJENDRA PRASAD GUPTA AND ORS.

1997 INSC 552Appeal(s) allowed

The West Bengal Housing Board, acting through a joint‑sector company, requisitioned and later acquired 1.82 acres of land to build a housing scheme for low‑ and middle‑income groups. The petitioners, who had purchased the land but whose names were not yet entered in the Record of Rights, claimed …

DELHI DEVELOPMENT AUTHORITY ETC.versusAMBITIOUS ENTERPRISES AND ANR. ETC.

1997 INSC 553Case Partly allowed

The Delhi Development Authority (DDA) rejected applications of several industrial units for allotment of alternative industrial plots, citing two grounds: the applicants did not possess a municipal licence under Section 416 of the Delhi Municipal Corporation Act and Rule 6(v) of the Delhi …

R.M. ARUNACHALAM ETC.versusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 554Dismissed

R.M. Arunachalam inherited immovable properties from his adoptive mother, who had received them by will from her husband Ramanathan Chettiar. The assessee sold these properties during assessment years 1966-67 to 1972-73 and claimed that the estate duty paid under the Estate Duty Act, 1953, should be …

V.S.M.R. JAGDISHCHANDRAN (DEAD) BY LRSversusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 561Dismissed

The appellant sold a house that was mortgaged and the mortgage debt was discharged by the buyer from the sale proceeds. The appellant argued that the amount used to clear the mortgage should be treated as part of the cost of acquisition or as an improvement, thereby reducing the capital gains tax of …

M/S SUNDARAM SPINNING MILLSversusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 562Appeal(s) allowed

Mis Sundaram Spinning Mills appealed against a Madras High Court order that denied its claim for an extra shift allowance on machinery added in the previous year, on the basis that the entire concern worked double and triple shifts. The assessee argued that the additional shifts justified an extra …

M/S SOUTH INDIA VISCOSE LTD.versusCOMMISSIONER OF INCOME TAX

1997 INSC 563Appeal(s) allowed

South India Viscose Ltd., a public limited company engaged in rayon yarn and wood pulp manufacturing, claimed extra shift depreciation allowance for AY 1971-72 on the basis of the number of days the entire concern worked double or triple shift, rather than on a per‑machinery basis. The Income Tax …

CALCUTTA JUTE MANUFACTURING CO. AND ANR.versusCOMMERCIAL TAX OFFICER AND ORS.

1997 INSC 532Dismissed

The appellants, Calcutta Jute Manufacturing Co. and others, were assessed a turnover tax under Section 6‑B of the Bengal Finance (Sales Tax) Act, 1941 after their challenge to the provision’s constitutional validity was rejected. While they paid the tax, the West Bengal government later introduced …

MIS RELIANCE CELLULOSE PRODUCTS LTD.versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1997 INSC 533Dismissed

Reliance Cellulose Products Ltd (RCPL) manufactures sodium carboxymethyl cellulose (SCMC) and initially classified it under Central Excise Tariff Item 68. The Department’s Chemical Examiner and Chief Chemist tested the product and reported it to be a cellulose ether, which falls under Tariff Item …

OSMANIA UNIVERSITYversusV.S. MUTHURANGAM AND ORS.

1997 INSC 534Dismissed

The University raised the superannuation age of its teaching staff to 60 years following University Grants Commission recommendations, while the non‑teaching staff remained at 58 years. The non‑teaching staff filed writ petitions invoking Section 38(1) of the Osmania University Act, 1959, which …

P.D. GUPTAversusRAM MURTI AND ANR.

1997 INSC 535Dismissed

The Supreme Court examined an appeal by advocate P.D. Gupta under Section 38 of the Advocates Act, 1961, challenging his one‑year suspension imposed by the Bar Council of India for professional misconduct. Gupta, who had acted as counsel for a client in litigation over the estate of the deceased …

DR. AMI LAL BHATversusSTATE OF RAJASTHAN AND ORS.

1997 INSC 537Dismissed

The Supreme Court considered appeals by candidates who challenged the Rajasthan service rules fixing the cut‑off date for determining the maximum age of applicants as 1st January of the year following the application. The petitioners argued that the cut‑off should be the last date for receipt of …

COMMISSIONER OF INCOME TAX, AMRITSARversusTATTAN TRUST AMRITSAR ETC.

1997 INSC 538Appeal(s) allowed

The assessee, a charitable trust created in 1942, amended its deed in 1971 to require that surplus funds be invested in a company in which the trustees had a substantial interest. It claimed exemption of the interest earned on those investments under Section 11 of the Income Tax Act, relying on the …

M.A. JACKSONversusCOLLECTOR OF CUSTOMS

1997 INSC 531Appeal(s) allowed

The appellant, a returning resident from Dubai, imported a used Volvo car under the Transfer of Residence Rules and paid customs duty based on an assessable value of Rs 53,305.44. The customs authorities later issued a show‑cause notice under Section 20(1) alleging a short levy, re‑valuing the car …

COMMISSIONER OF INCOME TAX, GUJARATversusMIS. ELECTRIC CONTROL GEAR MFG. CO.

1997 INSC 539Case Partly allowed

The Supreme Court examined a transfer of a partnership's business as a going concern to a limited company for Rs 8 lakhs. The Revenue had taxed the depreciation claimed by the firm under Section 41(2) of the Income‑Tax Act and also taxed capital gains. The High Court had held that Section 41(2) did …

COMMISSIONER OF INCOME TAX, KANPURversusNITYA NANO DEVKINANDAN

1997 INSC 540Appeal(s) allowed

The assessee partnership firm was granted registration under Section 184(7) of the Income Tax Act for the 1967-68 assessment year and was treated as registered for subsequent years. The Commissioner, invoking Section 263, cancelled the renewal of registration for 1972-73 and 1973-74, alleging …

COMMISSIONER OF INCOME TAX, GUJARATversusM/S. ARTEX MANUFACTURING COMPANY

1997 INSC 542Appeal(s) allowed

The partnership firm Artex Manufacturing sold its entire business as a going concern to a newly formed private limited company for Rs 11,50,400, paid by allotment of shares. The issue was whether the surplus arising from the difference between the re‑valued value of plant, machinery and dead‑stock …

SH. I.K. SUKHIJA AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 543Appeal(s) allowed

The appellants, originally Junior Engineers in the CPWD, were transferred to the Posts & Telegraphs (Civil Wing) and promoted on an ad‑hoc basis as Assistant Engineers between 1970 and 1977, with regularisation effective 20‑Mar‑1978. Their seniority list, prepared in 1987, was challenged before the …

KONDA VENUGOPALA RAJUversusSTTE OF ANDHRA PRADESH

1997 INSC 544Dismissed

The petitioner, Konda Venugopala Raju, filed a declaration under the Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1972, claiming that 5 acres 66 cents of his land were non‑agricultural and should be excluded from the ceiling calculation. The primary Tribunal and the High Court …

K.L. RATHEEversusUNION OF INDIA AND ORS.

1997 INSC 517Dismissed

The petitioner, a former Joint Secretary who retired in 1968, sought to have his pension calculated on the same basis as those who retired after the 1979 liberalised pension formula was introduced, arguing that the Supreme Court's decision in D.S. Nakara required uniform treatment irrespective of …

M/S SUN EXPORT CORPORATION BOMBAYversusCOLLECTOR OF CUSTOMS, BOMBAY AND ANR.

1997 INSC 516Appeal(s) allowed

The appellant, Mis Sun Export Corporation, imported six consignments of vitamin AD‑3 premix (feed grade) and claimed refund of customs and counter‑vailing duties on the ground that the product was an ‘animal feed’ covered by Notification No. 234/82‑CE, which exempts such goods. The Customs, Excise …

UNION OF INDIA AND ORS.versusRABIA BIKANER ETC.

1997 INSC 518Appeal(s) allowed

The widows of a casual railway labourer who had completed six months of service and obtained temporary workman status, but died before being appointed to a temporary post, claimed family pension under the 1964 Family Pension Scheme. The Supreme Court examined whether such pension benefits are …

J.P. RAVIDAS AND ORSversusNAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL CO-OP.

1997 INSC 519Disposed off

The Supreme Court examined the allocation of 40 flats in a cooperative society built on government land, where the builder had allotted them to non‑Dalit members contrary to the reservation regulations favoring Dalits. The Registrar of Cooperative Societies investigated and found the allotments …

K.G. PADMANABHA PRABHUversusKERALA STATE ELECTRICITY BOARD AND ORS.

1997 INSC 520Dismissed

K.G. Padmanabha Prabhu owned several parcels of land with trees in Polluttu village. The Kerala State Electricity Board, invoking Section 51 of the Indian Electricity Act, 1910 and Sections 10 to 16(3) of the Indian Telegraph Act, 1885, acquired the trees and laid electric lines across the land. The …

STATE OF HARYANA AND ORS.versusMISS AJAY WALIA

1997 INSC 521Appeal(s) allowed

In 1980 the Haryana Irrigation Department requisitioned four Sub‑Divisional Clerk vacancies, but the Subordinate Service Selection Board prepared a list of 28 candidates in 1982 and recommended eight for appointment in the Hathnikund circle. The Superintendent Engineer returned the list, stating …

FOOD CORPORATION OF INDIAversusBANT SINGH AND ANR.

1997 INSC 522Appeal(s) allowed

The Food Corporation of India (FCI) issued a charge-sheet against Bantsingh and others and, under Rule 58(8) of its Staff Regulations, denied the respondents permission to engage a retired employee, Kamal Kumar, as a defence assistant in the departmental enquiry. The respondents filed a writ …

FENNER (INDIA) LTD.versusPUNJAB AND SIND BANK

1997 INSC 523Appeal(s) allowed

Fenner (India) Ltd entered into an agreement with Vijay Exports for a purchase advance of up to Rs 30 lakh, secured by a bank guarantee issued by Punjab and Sind Bank. Fenner advanced Rs 20 lakh, but Vijay Exports defaulted on repayment, prompting Fenner to sue the bank for the amount advanced plus …

BIR SINGH CHAUHANversusSTATE OF HARYANA AND ANR.

1997 INSC 524Appeal(s) allowed

The appellant, an Executive Engineer, was tasked with a visual inspection of a drainage project and submitted a report. Subsequently, an FIR was lodged against the contractor and staff, leading to the suspension of 95 employees, including the appellant. After reinstatement, the appellant was denied …

THE STATE OF TAMIL NADU AND ORS.versusM. NATARAJAN AND ANR.

1997 INSC 525Appeal(s) allowed

The respondents, police personnel, were accused of misbehaving with two women and were subjected to a departmental enquiry and a criminal case, which was later withdrawn. They repeatedly failed to appear before the Enquiry Officer despite several opportunities, leading the Officer to record ex parte …

SHRI IRSHAD ALI AND ORS.versusHAZI ABDUL SUKHUR MOZUMDAR AND ORS.

1997 INSC 528Dismissed

The appellants, owners of a one‑third share in land acquired under the Land Acquisition Act, were awarded compensation by the Land Acquisition Officer, which was later enhanced by the Reference Court under Section 18. The respondent appealed to the High Court, which further increased the …

THE COMMISSIONER OF INCOME-TAX BOMBAY ETCversusM/S PODAR CEMENT PVT.LTD.

1997 INSC 515Case Partly allowed

The Supreme Court examined whether a purchaser who has taken possession of flats after full payment, but without a registered deed, is the "owner" for tax purposes under Section 22 of the Income‑Tax Act, 1961. The assessee argued that the rental income should be taxed under Section 56 as "income …

MOHD. SWALEHversusUNION OF INDIA AND ORS.

1997 INSC 502Dismissed

Mohd. Swaleh, a Deputy Registrar of the Central Administrative Tribunal (CAT), was ordered by the Vice‑Chairman to perform the functions of the Registrar, a Group A post, under Rule 28(3) of the CAT Procedure Rules and was also given certain financial powers under Rule 13 of the Delegation of …

STATE OF HARYANAversusRAM CHANDER AND ANR.

1997 INSC 503Dismissed

The respondents, language teachers in Haryana Government Vocational Education Institutes, taught Hindi and English to standard 11‑12 students and claimed parity in pay with Lecturers teaching the same subjects in higher secondary schools. They argued that the work, syllabus, examinations and student …

A.S. NARAYANA DEEKSHITULU ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 504Disposed off

The Supreme Court examined the recommendations of a committee appointed to determine the pay scales, honoraria and classification of hereditary religious staff of the Tirumala Tirupati Devasthanams (TTD) under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. …

SRI DIVI KODANDARAMA SARAM AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 505Disposed off

The petitioners sought review of the State Government's acceptance of a Committee's recommendations under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 concerning classification of temples, remuneration and cadre strength of Archakas, and related …

VICTORIAversusK.V. NAIK AND ORS.

1997 INSC 506Dismissed

The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court …

PVSSR JAGANNATHA CHARYULU AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 507Disposed off

The Supreme Court examined the implementation of welfare measures for Archakas and other temple employees under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. It upheld the constitutional validity of the Act and held that the abolition of hereditary rights …

M.G. CHARY AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.

1997 INSC 508Disposed off

Five former hereditary mirasidars of Shri Padmavathi Ammavari Temple, Tiruchanur, challenged their dispossession of religious duties after the abolition of hereditary rights under Sections 34(2) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987. They …

AS. NARA YANA DEEKSHITULU ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 509Disposed off

The Supreme Court examined the constitutional validity of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, particularly its provisions abolishing hereditary rights of Archakas and other temple officials. It held that such abolition was not unconstitutional and …

EXECUTIVE OFFICER, TTD, TIRUPATIversusA.S. NARAYAN DEEKSHITULU AND ORS.

1997 INSC 510Disposed off

The Executive Officer of the Tirumala Tirupati Devasthanams (TTD) filed an application seeking recovery of excess payments made to archakas, gamekars, jeeyamgars and other mirasidars under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The TTD alleged that …

DIAMOND PLASTIC INDUSTRIES ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.

1997 INSC 512Disposed off

The appellants, Diamond Plastic Industries and others, set up an ancillary unit for watch components under the Ancillary Development Programme of Hyderabad Allwyn Limited, a state government undertaking. A dispute arose over the amount payable to them, leading to a writ petition in which the High …

SURJIT SINGH AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 513Appeal(s) allowed

The case concerned a long‑standing dispute between directly recruited Section Officers and promotee officers in the Central Secretariat Service over the allocation of vacancies. The 1962 Rules prescribed a 1/6 (later 1/5) quota for direct recruitment, with the remainder filled by promotion, and the …

K. SHANTHARAJ AND ANRversusM.L. NAGARAJA AND ORS.

1997 INSC 514Dismissed

The Committee of a Karnataka cooperative society was superseded and an Administrator was appointed under Section 30 of the Karnataka Co-operative Societies Act, 1959. During his tenure the Administrator enrolled new members and issued a schedule for elections to a new Committee, which the …

COMMISSIONER OF INCOME TAX, BIHARversusBANKIPUR CLUB LTD.

1997 INSC 498Dismissed

The Supreme Court examined whether receipts received by several members' clubs, including Bankipur Club Ltd., for drinks, refreshments, rent, admission fees and subscriptions constitute taxable income under the Income‑Tax Act. The clubs, registered as non‑profit companies under Section 25 of the …

BIHAR STATE ELECTRICITY BOARD AND ANR.versusUSHA MARTIN INDUSTRIES AND ANR.

1997 INSC 499Dismissed After

The Bihar State Electricity Board imposed a central excise duty on electricity generation and merged it into a uniform tariff, later levying a surcharge. When the central excise duty was abolished, the Patna High Court held that the Board should reduce the uniform tariff. The Board appealed, arguing …

UNION OF INDIA AND ORS. ETC.versusSHRI CHAIN SINGH AND OR,S. ETC.

1997 INSC 501Dismissed

The Union of India requisitioned 1,007 kanals of land in Sansoo village, Udhampur, under Section 6 of the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act, 1968. The Land Acquisition Officer initially fixed compensation at Rs 12,000‑9,000 per kanal, but the claimants appealed …

AGRICULTURAL MARKET COMMITTEEversusSHALIMAR CHEMICAL WORKS LTD.

1997 INSC 496Dismissed

The Agricultural Market Committee, a statutory body under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, levied a market fee on Shalimar Chemical Works Ltd for its purchase of copra. The respondent challenged the fee, arguing that the sale occurred in Kerala, not within …

DWARIKESH SUGAR INDUSTRIES LTD.versusPREM HEAVY ENGINEERING WORKS (P) LTD.

1997 INSC 486Appeal(s) allowed

Dwarikesh Sugar Industries Ltd. entered into a contract with Prem Heavy Engineering Works (P) Ltd. for supply of equipment, the latter furnishing two unconditional bank guarantees from State Bank of India. When the equipment was not delivered, Dwarikesh invoked the guarantees, but Prem obtained ex …

KSHITISH CHANDRA PURKAITversusSANTOSH KUMAR PURKAIT

1997 INSC 487Appeal(s) allowed

The plaintiff purchased land from Kshirodamani Dasi, who had sole occupancy rights, and sued the defendants for declaration of title and possession. The defendants, after having trespassed on the land, raised a new plea in a second appeal before the Calcutta High Court, claiming that under the West …

STATE THROUGH CBIversusDAWOOD IBRAHIM KASKAR AND ORS.

1997 INSC 488Appeal(s) allowed

The case arose from the 1993 bomb blasts in Bombay, after which the CBI took over investigation and sought non‑bailable warrants under Section 73 of the Criminal Procedure Code (CrPC) and Section 8(3)(a) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) to apprehend several …

PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC

1997 INSC 489Case Partly allowed

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered …

PANJKAJESHversusTULSI GRAMIN BANK AND ANR.

1997 INSC 491Dismissed

The petitioner, a bank official of Tulsi Gramin Bank, was charged under Section 3 of the Regional Rural Banks Act, 1976 for dereliction of duty and, after a disciplinary inquiry, three salary increments were withheld cumulatively. On appeal, the appellate authority ordered that "one increment is …

UITAM NAMDEO MAHALEversusVITHAL DEO AND ORS.

1997 INSC 493Dismissed

The respondent, who owned a parcel of land, served a notice to the appellant to vacate and obtained a final order of eviction, which was confirmed by the Supreme Court. Execution proceedings were later initiated, but the appellant objected, arguing that more than twelve years had elapsed and the …

ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.

1997 INSC 494Dismissed

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference …

Y.R VEERANNAversusSTATE OF KARNATAKA AND ORS.

1997 INSC 495Dismissed

The petitioner, Y.R. Veeranna, claimed occupancy‑tenant rights over 13 acres 24 gunthas in K.R. Nagar Taluk under Sections 44 and 48‑A of the Karnataka Land Reforms Act, filing a Form‑7 application. The Tribunal and the Karnataka High Court rejected his claim because he was not personally …

NIRMA INDUSTRIES LTD.versusDIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION

1997 INSC 484Disposed off

Nirma Industries Ltd., a manufacturer of washing powders, launched a prize‑lottery scheme by placing coupons in its detergent packs. A consumer complaint alleged that Nirma had raised the price of its detergent shortly before the scheme to recover the value of the prizes, constituting an unfair …

UNION OF INDIA AND ANR.versusDELHI CLOTH AND GENERAL MILLS CO. LTD.

1997 INSC 482Dismissed

The Union of India sought excise duty on calcium carbide produced by Delhi Cloth & General Mills Co. Ltd. (DCM) for use as an intermediate in its acetylene gas plant. DCM argued that the carbide was not marketable—lacking purity and proper packaging—and therefore not an excisable commodity. The …

MRS. MANJU BHATIA AND ANRversusNEW DELHI MUNICIPAL COUNCIL AND ANR.

1997 INSC 483Disposed off

The builder constructed an eight‑storey building called "White House" in Delhi, delivering flats to purchasers including the appellants. It was later discovered that the top four floors were built in violation of municipal regulations, leading the New Delhi Municipal Council to demolish those …

TANVIBEN PANKAJ KUMAR DIVETIAversusSTATE OF GUJARAT

1997 INSC 485Appeal(s) allowed

The appellant, Tanviben Pankaj Kumar Divetia, was convicted under Section 302 read with Section 34 of the IPC for the murder of her mother‑in‑law, based solely on circumstantial evidence. The conviction was upheld by a third judge of the Gujarat High Court after a division bench was split, and the …

MIS. BALAJI ENTERPRISES, MADRASversusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS

1997 INSC 472Appeal(s) allowed

Balaji Enterprises, a manufacturer of aluminium containers, purchased aluminium ingots and processed them into circles and containers. During this process, aluminium scrap was generated. The Central Excise Authority demanded duty on the scrap under Central Excise Tariff Item 27(a)(i) (aluminium in …

STATE OF U.P.versusABDUL AND ORS.

1997 INSC 473Appeal(s) allowed

The State of U.P. appealed the Allahabad High Court’s acquittal of four accused who had been convicted for the murder of Shanker Lal under IPC sections 302 and 34. The High Court had set aside the trial court’s conviction, relying on an inquest report under Section 174 CrPC that omitted mention of a …

TATA ENGINEERING AND LOCOMOTIVE CO. LTD. AND ANR.versusGAJANAN Y. MANDREKAR

1997 INSC 475Appeal(s) allowed

The petitioner, G. Y. Mandrekar, purchased a commercial tipper truck from Tata Engineering and Locomotive Co. Ltd. and, after running it for about 9,000 km, discovered several defects including worn tyres, improperly fixed front axle pins, and excessive vibration. Despite repeated complaints and …

Y ALAMANCHI RANGA RAO AND ORS. ETC.versusSTATE OF ORISSA AND ORS.

1997 INSC 476Appeal(s) allowed

The appellants' land was acquired under a notification of the Land Acquisition Act, 1894. After the original award, a reference court enhanced compensation for similar lands, and the appellants filed a Section 28‑A reference within three months, which remained pending. The High Court later further …

ASHIS KUMAR HAZRAversusRUBI PARK CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

1997 INSC 477Dismissed

Ashis Kumar Hazra filed a suit against Rubi Park Co-operative Housing Society Ltd. after a notice for arbitration was issued on 26 October 1974 under Section 95(3) of the West Bengal Co-operative Societies Act, 1983, which requires a claim to be laid within two months. The suit was filed on 10 …

STATE OF KERALA AND ORS.versusM. BHASKARAN PILLAI AND ANR.

1997 INSC 478Dismissed

In 1952, 1.94 acres of land were acquired under the Land Acquisition Act, 1894 for a national highway, of which only 80% was used. The remaining land was sold by the Government in 1979 to the former owner at the compensation rate, an action challenged by writ petitions. The Government relied on an …

LOKSHIKSHAN PRASARAK MANDAL AND ANR.versusRAJENDRA KUMAR AJABRAO MAHALLE AND ORS.

1997 INSC 479Appeal(s) allowed

The respondent was appointed by the Maharashtra Education Department for a one‑year term ending with an automatic termination clause. No appointment was made for the following year because the State Government did not sanction any grant‑in‑aid positions. The respondent appealed to the Tribunal for …

THE STATE OF PUNJAB AND ORS.versusBAKHSHISH SINGH

1997 INSC 480Appeal(s) allowed

The respondent, Constable Bakhshish Singh, was absent from duty without leave from November 7, 1986 to March 1, 1988, leading to disciplinary proceedings that resulted in his dismissal. The trial court dismissed the suit filed by the constable, and the first appellate court remanded the matter for …

R. V ARADARAJANversusTHIRUMANGAI NAIDU AND ORS.

1997 INSC 481Dismissed

The appellant, R. Varadarajan, sought a notice on the limited question of compensation for a building, asserting he was in possession. The respondents countered that the appellant had let the building to Jasmine Electricals and that they were in possession. The appellant admitted letting the …

STATE OF U.P. AND ANR.versusC.L. AGARWAL AND ANR. ETC.

1997 INSC 465Dismissed

The respondent, a former employee of the Allahabad High Court, received four premature salary increments by orders of the Chief Justice but the State of Uttar Pradesh excluded those increments when calculating his pension. The respondent challenged this in a writ petition, which a Full Bench of the …

DR.ASHOKversusUNION OF INDIA AND ORS.

1997 INSC 466Disposed off

Dr. Ashok filed a public‑interest petition under Article 32 seeking a ban on 40 insecticides and chemicals deemed hazardous to health. The Union of India set up an expert committee, issued notifications cancelling the registration of certain insecticides and restricting others. Manufacturers …

KASHINATH KHER AND ORS.versusSHRI DINESH KUMAR BHAGAT AND ORS.

1997 INSC 467Dismissed

Petitioners Kashinath Kher and others filed contempt petitions under Section 23 of the Contempt of Courts Act, 1971, alleging that respondents, including Dinesh Kumar Bhaghat, failed to implement the Supreme Court's directions in State Bank of India & Ors. v. Kashinath Kher & Ors. (1996) 8 SCC 762 …

SRI GANGANAGAR URBAN CO-OPERATIVE BANK LTD.versusPRESCRIBED AUTHORITY AND ORS.

1997 INSC 468Disposed off

Ten workmen were employed by Sri Ganganagar Urban Co‑operative Bank in 1992 and were dismissed on 5 June 1992 without any prior notice or payment in lieu of notice. They filed an application before the Industrial Tribunal under Section 33(c‑2) of the Industrial Disputes Act seeking reinstatement …

THE EXECUTIVE ENGINEERversusK. SOMASETTY AND ORS.

1997 INSC 469Appeal(s) allowed

The respondent was engaged on daily wages for a state‑run project that was closed, leading to his discharge. He filed a claim under Section 10 of the Industrial Disputes Act seeking continuity of service and back wages. The Labour Court and the Karnataka High Court held that he was entitled to …

SMT. RATAN KAURversusUNION OF INDIA AND ORS.

1997 INSC 470Disposed off

The case concerned a 68‑acre government lease in the Andaman & Nicobar Islands originally granted to Khansahib Naban Ali for 30 years in 1922. After his death, the lease was transferred to the appellant’s father‑in‑law and subsequently to the appellant, who applied for a renewal/assignment after the …

DEVI SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 471Dismissed

The case concerned the Sardarajanti Kalan Cooperative Agricultural Service Society, where the President, along with the Secretary and Treasurer (Cashier), were held jointly liable for an unaccounted sum of Rs 65,726.59. An award under the Haryana Cooperative Societies Act had found the three …

KRISHANversusSTATE OF HARYANA

1997 INSC 462Disposed off

Krishan, already serving life imprisonment for a prior murder, was convicted of murdering his brother‑in‑law Ranbir inside District Jail, Sonepat, using a spade. The trial court sentenced him to death, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the death …

SRI RAMDAS MOTOR TRANSPORT LTD. AND ORS.versusTADI ADHINARAYANA REDDY AND ORS.

1997 INSC 463Appeal(s) allowed

The first appellant, a public limited company, and its senior directors were accused by minority shareholders of oppression and mismanagement. The shareholders filed petitions before the Company Law Board under Sections 397 and 398 of the Companies Act, 1956, seeking injunctions and the appointment …

AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.

1997 INSC 459Leave Granted & Disposed off

The appellant, Agauta Sugar and Chemicals, had failed to pay approximately Rs 29 crore owed to cane growers and societies for sugarcane supplied, leading the District Collector to attach the factory’s sugar stock‑in‑hand. The factory filed a writ petition challenging the attachment, and the High …

M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.

1997 INSC 460Disposed off

The Supreme Court approved a rehabilitation scheme for Ashok Paper Mills, Darbhanga, and ordered its implementation after the IDBI reneged on loan commitments. The petitioners, representing the mill workers, sought the Court's intervention to compel the Finance Ministry and IDBI to honour the scheme …

GAINDA RAM AND ORS. ETC.versusM.C.D. AND ORS.

1997 INSC 464Disposed off

The Supreme Court examined the implementation of the Delhi hawkers rehabilitation scheme by the Municipal Corporation of Delhi (MCD) in light of the R.C. Chopra report. It directed the MCD to give all applicants previously held ineligible an opportunity to make representations, to re‑examine …

SMT. SUJATA MUKHERJEEversusPRASHANT KUMAR MUKHERJEE

1997 INSC 457Appeal(s) allowed

Smt. Sujata Mukherjee filed a criminal complaint under Sections 498A, 506 and 323 IPC alleging dowry demand, maltreatment and assault by her husband and his family. The alleged offences occurred at Raigarh (in‑laws' residence) and also at Raipur where the husband allegedly assaulted her. The husband …

MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.

1997 INSC 456Appeal(s) allowed

The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to …

DAULAT RAMversusSTATE OF PUNJAB

1997 INSC 452Appeal(s) allowed

Daulat Ram, a Punjab police constable, was convicted of murdering a 25‑year‑old man, Narinder Singh, under Section 302 IPC read with Section 27 of the Arms Act. The prosecution relied on two alleged eyewitnesses, the victim's uncle and a companion, and asserted that the killing occurred at 2 p.m., …

BALO YADAV AND OTHERSversusSTATE OF BIHAR

1997 INSC 453Dismissed

The victim Ramdeo Yadav was attacked and killed with sharp-edged weapons while sleeping in a field; his son Gajendra (PW 8) witnessed the assault using a torchlight. The Sessions Court convicted all fourteen accused based on eyewitness testimony, but the Patna High Court upheld convictions only …

UNION OF INDIA AND ANOTHERversusP. SATHIKUMARNA NAIR AND OTHERS

1997 INSC 454

Four lecturers of junior colleges in the Union Territory of Lakshadweep were originally designated as lecturers but later re‑designated as junior lecturers and placed on a lower pay scale. They challenged the re‑designation, and the Kerala High Court held that their duties were comparable to those …

MIHIR TEXTILES LTD. ETC.versusCOLLECTOR OF CUSTOMS, BOMBAY ETC.

1997 INSC 455Dismissed

Mihir Textiles Ltd. and another importer sought refund of customs duty on the basis that they were eligible for the 40% concessional rate under Entry 84.66 of the Customs Tariff Act, 1975. Both had cleared their goods after paying full duty and later applied for registration of the import contract …

STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.

1997 INSC 447Leave Granted & Allowed

The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for …

UNION OF INDIA AND ANR.versusSHRI RISAL SINGH

1997 INSC 448Leave Granted & Dismissed

The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land …

SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.

1997 INSC 449Leave Granted & Allowed

The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by …

UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6

1997 INSC 450Leave Granted & Allowed

The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced …

UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.

1997 INSC 451

The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the …