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Judgments of 1997

846 judgments · newest first · showing 401–600

COMMISSIONER OF INCOME TAX, MADRASversusM/S. AMALGAMATION PVT. LTD.

1997 INSC 436Dismissed

The Supreme Court examined whether Amalgamation Pvt. Ltd., a bulk shareholder holding investments in numerous subsidiaries, could claim a capital loss on the forced sale of shares to a subsidiary of a subsidiary, whether a loss incurred while guaranteeing a subsidiary's loan qualified as a business …

STATE OF PUNJABversusJUSTICE S.S. DEWAN (RETIRED CHIEF JUSTICE) AND ORS.

1997 INSC 434Appeal(s) allowed

Justice S.S. Dewan, former Chief Justice of the Punjab & Haryana High Court, retired on 31‑12‑1989 and elected pension under Part III of Schedule I of the High Court Judges (Conditions of Service) Act, 1954, governed by the Punjab Superior Judicial Service Rules, 1963. On 20‑Feb‑1990 Rule 16 of …

THE STATE OF PUNJAB AND ORS.versusMANOHAR LAL MIRCHEA

1997 INSC 435Appeal(s) allowed

Manohar Lal Mirchea retired as a District and Sessions Judge in 1984, when his death‑cum‑retirement benefits were governed by the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. In 1990 Punjab amended Rule 16 of the Punjab Superior Judicial Service Rules, making the Punjab Civil …

D. STEPHEN JOSEPHversusUNION OF INDIA AND ORS.

1997 INSC 437Leave Granted & Dismissed

The case concerned the interpretation of a promotion rule reserving 50% of Assistant Engineer posts for candidates holding a degree in Electrical Engineering and three years of regular service as Junior Engineers. The dispute was whether the three‑year service requirement should be counted from the …

V. GANGARAMversusTHE REGIONAL JOINT DIRECTOR AND ORS.

1997 INSC 438Leave Granted & Disposed off

V. Gangaram, a teacher appointed in 1959, obtained successive qualifications (B.A., M.A., B.Ed., M.Ed.) and was granted advance increments on the pay scale each time. The government circulars allowed one increment for a B.A. or equivalent, one for B.Ed., one for M.A., and one for M.Ed., but the post …

K. JAYAMOHANversusSTATE OF KERALA AND ANR.

1997 INSC 439Leave Granted & Dismissed

The appellant, placed at No.10 on a select list of ten candidates for two lecturer positions in Physical Education, sought appointment after two candidates were already appointed. The government rejected his claim, citing an amendment to the Kerala Collegiate Education Service Special Rules, 1994, …

K.K. SHARMAversusKULWANT SINGH AND ORS.

1997 INSC 440Leave Granted & Allowed

The Chairman of a bank, Kulwant Singh, was surcharged for allegedly using a bank car for unofficial purposes and purchasing furniture, with the bank seeking personal recovery of the expenses. The High Court quashed the surcharge, prompting the bank to appeal. The Supreme Court directed the Joint …

SMT RAM RATIversusSAROJ DEVI AND ORS.

1997 INSC 441Leave Granted & Allowed

The 1994 Gram Panchayat Sarpanch election in Rewa district resulted in Smt. Ram Rati being declared elected over Saroj Devi. Saroj Devi filed an election petition alleging that the election was not properly conducted and that a recount was not carried out despite an alleged application. The Tribunal …

D.V. SHANMUGHAM AND ANR.versusSTATE OF ANDHRA PRADESH

1997 INSC 442Appeal(s) allowed

The case concerned a violent incident on 22 September 1990 in which five accused formed an unlawful assembly and attacked two victims, resulting in the deaths of Mohan and Sekhar. The prosecution charged the accused under various sections of the Indian Penal Code, including murder (302) and …

M/S. MODERN TAILORING HALL ETC.versusSHRI H.S. VENKUSA AND ORS.

1997 INSC 433Dismissed

The landlord sought eviction of tenants under the Karnataka Rent Control Act, 1986, claiming a bona‑fide requirement for his own occupation after demolishing and reconstructing the premises. The tenants argued that the landlord’s claim should fall under Section 21(1)(j), which provides a right of …

SANGARABOINA SREENUversusSTATE OF ANDHRA PRADESH

1997 INSC 431Appeal(s) allowed

The appellant was tried before the Sessions Court for uxoricide and was convicted under Section 302 of the Indian Penal Code for murder. On appeal, the Andhra Pradesh High Court set aside the murder conviction and, invoking Section 222 of the Code of Criminal Procedure, convicted him instead under …

BINDESHWARY CHOUDHARY AND ANR.versusAJAY KUMAR

1997 INSC 426Leave Granted & Allowed

The landlord filed an eviction suit under Section 11(l)(c) of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 and simultaneously moved an application under Section 15 for arrears of rent both before and after the filing of the suit. The Subordinate Court ordered the tenant to deposit all …

M/S. CHILLIES EXPORTS HOUSE LTD.versusCOMMISSIONER OF INCOME TAX

1997 INSC 427Appeal(s) allowed

M/s. Chillies Export House Ltd., a public limited company engaged in exporting chillies, claimed that its activities of sorting, grading, clipping, stemming and fumigation (the latter performed by a contractor) amounted to "processing of goods" under the Finance Acts, making it an "industrial …

HINDUSTAN STEEL WORKS CONSTRUCTION LTD.versusSTATE OF KERALA AND ORS.

1997 INSC 428Dismissed

Hindustan Steel Works Construction Ltd., a wholly‑owned Central Government company, entered into a contract to build a stadium for the Greater Cochin Development Authority. The Authority deducted 1% of the contract value as a contribution under the Kerala Construction Workers Welfare Funds Act, …

SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 425Leave Granted & Dismissed

The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ …

DEONARAYAN SINGH AND ORS.versusTHE COMMISSIONER OF BHAGALPUR AND ORS.

1997 INSC 429Appeal(s) allowed

The appellants inherited land that had been sold by a Mool Raiyat in 1939 to Bimal Kanti Roy Choudhury and subsequently in 1950 to their father, Radha Prasad Singh. The sale of 38.09 acres was approved and mutated by the Sub‑Divisional Officer and Deputy Commissioner after a seven‑month scrutiny, …

UNION OF INDIAversusMAKHAN CHANDRA ROY ETC.

1997 INSC 430Appeal(s) allowed

The Union of India challenged two orders of the Central Administrative Tribunal (CAT) that had granted higher pay‑scales to a laboratory assistant and a malaria technician beyond those prescribed in the Central Civil Services (Revised Pay) Rules, 1986. The Supreme Court held that the Tribunal had …

MAHARASHTRA PUBLIC SERVICE COMMISSIONversusDR. BHANUMATI PURUSHOTTAM TATHOD AND ORS.

1997 INSC 416Leave Granted & Allowed

The Maharashtra Public Service Commission sought to appoint a Deputy Medical Superintendent, prescribing a post‑graduation in Medicine and fifteen years of experience as mandatory qualifications. Dr. Bhanumati Purushottam Tathod, the respondent, had only fourteen years of experience and was not …

BERHAMPUR UNIVERSITY AND ANR.versusDR. SAILABALA P ADHI

1997 INSC 417Leave Granted & Allowed

Dr. Sailabala Padhi applied for the post of Professor of Environmental Science at Berhampur University. The Selection Committee found no candidate qualified, but the Sub‑Committee of the Syndicate recommended her appointment based on her marks and her MSc in Botany (Algology) and PhD in Algology. …

GOVERNMENT OF TAMIL NADU AND ANR.versusK. RAJARAM APPASAMY

1997 INSC 418Leave Granted & Allowed

The respondent, a doctor employed by the Government of Tamil Nadu, was absent from duty without authorization for five years (May 1 1982 to May 1 1987). A departmental enquiry under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules led to his removal from service. The Tamil Nadu …

HARYANA URBAN DEVELOPMENT AUTHORITYversusSMT. NALINI AGGARWAL ETC. ETC.

1997 INSC 419Leave Granted & Allowed

The Haryana Urban Development Authority (HUD A) issued a notification inviting applications for allotment of houses, requiring applicants to deposit earnest money and stipulating that no interest would be payable on such deposits. The respondents applied on 20 April 1993, but were unsuccessful in …

UNION OF INDIAversusGURBACHAN SINGH AND ANR.

1997 INSC 420Dismissed

The respondent, who had not produced documentary proof of his date of birth, was assessed by a medical board to be about 25 years old and was allowed to retire in 1984 instead of 1980. He filed an application before the Labour Court under Section 33-C(ii) of the Industrial Disputes Act, 1947, …

SENIOR REGIONAL MANAGER, FOOD CORPN. OF INDIA, CALCUTTAversusTULSI DAS BAURI AND ORS.

1997 INSC 421Leave Granted & Dismissed

The respondents, engaged as contract labour by a contractor, were denied full payment of their wages and claimed arrears. The Division Bench of the Calcutta High Court held that the principal employer, the Senior Regional Manager of Food Corp. of India, was liable to pay the outstanding balance. On …

STATE OF HARYANA AND ORS.versusRAI CHAND JAIN AND ORS.

1997 INSC 422Leave Granted & Allowed

The respondents, teachers in the Haryana Education Department, sought payment of salary in the selection‑grade pay‑scales, which the Punjab & Haryana High Court had granted. The Government issued an order (20 August 1996) stating that selection‑grade posts would be computed on the basis of total …

STATE OF ORISSA AND ORS. ETC.versusNIRANJAN NA YAK AND ANR. ETC.

1997 INSC 423Leave Granted & Allowed

The State of Orissa appealed against the Orissa High Court’s order that allowed writ petitions of teachers seeking additional amounts based on a cut‑off date of 1 April 1981 for acquiring qualifications. The Supreme Court examined whether the cut‑off date prescribed by the Government was valid and …

HARYANA STATE ELECTRICITY BOARD AND ANR.versusMAHA SINGH AND ANR.

1997 INSC 424Leave Granted & Allowed

The Haryana State Electricity Board (the Board) had a policy that, when land was acquired, one member of the landowner's family must be given employment. Shamsher Singh, a son of the landowner, applied for appointment but died before the Board could appoint him. The Board then appointed his widow, …

DURGA DEVI AND ANR.versusSTATE OF H.P. AND ORS.

1997 INSC 409Leave Granted & Disposed off

The appellants were appointed as voluntary teachers under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 contested the appointment, alleging he was more meritorious and that the Selection Committee should not have preferred the appellants. The Himachal Pradesh …

KULDIP CHANDversusSTATE OF H.P. AND ORS.

1997 INSC 410Leave Granted & Allowed

Kuldip Chand was appointed as a voluntary teacher on a tenure basis under the Himachal Pradesh Voluntary Teachers Primary Scheme, 1991. Respondent No. 4 challenged the appointment, alleging that he was academically superior and that the Selection Committee unjustifiably awarded higher viva‑voce …

LAXMIKANTversusUNION OF INDIA AND ORS.

1997 INSC 411Dismissed

The appellant, a manufacturer of Ayurvedic toothpaste containing 4% tobacco, challenged a 1992 government notification that prohibited the manufacture and sale of any Ayurvedic drugs licensed as tooth‑pastes or tooth‑powders containing tobacco. The notification was issued under Section 33(E) of the …

STATE OF U.P.versusLAKHAN AND ORS.

1997 INSC 412Leave Granted & Allowed

On 6 March 1977, the deceased Sukhuwa and his relatives were returning from a festival when the accused, armed with lathis, suddenly attacked him on the head and other vital parts, causing injuries that led to his death. The trial court convicted the accused under Section 302 read with Section 34 of …

DINESH MATHURversusO.P. ARORA AND ORS.

1997 INSC 414Leave Granted & Allowed

The dispute concerned a perpetual lease obtained in 1937 for premises used by the respondent to run a hotel. In 1991 the respondent sued the appellant alleging breach of a lease condition (clause 7(2)) and obtained an ad‑interim injunction restraining the appellant from continuing the hotel …

CANTONMENT BOARD, MHOW AND ANR.versusM.P. STATE ROAD TRANSPORT CORPN.

1997 INSC 401Appeal(s) allowed

The Cantonment Boards of Saugor, Mhow and Jabalpur imposed an entry tax on motor vehicles under Section 60 of the Cantonments Act, 1924. The Madhya Pradesh High Court struck down the tax, holding that Section 6 of the Madhya Pradesh Motor Vehicles Taxation Act, 1947 barred any local authority from …

THE UNION OF INDIA AND ORS.versusSHRI GURU CHARAN DASS

1997 INSC 402Dismissed

The respondent, a permanent U.D.C. employee of the Hirakund Project, was offered and accepted a temporary appointment in the Dandakarnya Project after the closure of his original project. The appointment letter stipulated a 25% deputation allowance for permanent or quasi‑permanent employees, along …

SH. J.P.S. SAROHA AND ANR.versusUNION OF INDIA AND ANR.

1997 INSC 404Dismissed

The appellants, two scientific assistants originally appointed in the Defence Research and Development Organisation (DRDO), were transferred to the Director General of Inspection (DGI) and the Technical Committee (Engineers Stores) following a departmental trifurcation. They sought repatriation to …

STATE OF BIHARversusKUMAR PROMOD NARAIN SINGH AND ORS.

1997 INSC 405Disposed off

The State of Bihar recruited for Class III posts through the Bihar State Selection Service Board, advertising 1,005 positions and receiving a large number of applications. After selection, the government claimed appointments were made based on pay scale and educational qualifications, without …

STATE OF BIHARversusKAUSHAL KISHORE SINGH AND ORS.

1997 INSC 406Disposed off

The Supreme Court examined the recruitment of Class III posts by the Bihar State Selection Service Board, where no merit list was prepared and candidates were selected solely on educational qualifications and pay‑scale considerations. The High Court had held that such selection without a merit list …

MAHENDRA RAGHUNATHDAS GUPTAversusVISHVANATH BHIKAJI MOGUL AND ORS.

1997 INSC 407Appeal(s) allowed

The appellant, brother of the original tenant, continued to pay rent after the landlords directed payment to new persons and later sold the property to the respondents without giving the tenant notice of the sale. After a notice dated 29 September 1986 demanding arrears, the appellant tendered the …

UNION OF INDIAversusC. RAMA SWAMY AND OTHERS

1997 INSC 394Appeal(s) allowed

The respondent, an IPS officer recruited in 1968, had his date of birth recorded as 17 June 1939 in his service book, based on his school certificate and application. In 1982 he sought to change it to 15 June 1941, citing his horoscope and a sub‑registrar's record, but both the state and central …

PREM NATH SHARMAversusSTATE OF U.P. AND ANR.

1997 INSC 395Dismissed

Prem Nath Sharma, who held a mining lease for a granite unit under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, saw his lease expire on 31 March 1995. The District Magistrate (DM) issued a notice on 31 March 1995 under Rule 72(ii) inviting applications for a fresh lease, specifying 2 …

SHRI CHAMBA SINGHversusSTATE OF PUNJAB AND ORS.

1997 INSC 396Dismissed

Shri Chamba Singh, a police officer who had served since 1961, was ordered to retire prematurely on public interest grounds under Rule 3(i)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975. He had earlier been punished under the Punjab Police Rules, 1934, with forfeiture of three …

UNION OF INDIA AND ANR.versusT. SUNDARARAMAN AND ORS.

1997 INSC 397Appeal(s) allowed

The Union Public Service Commission (UPSC) advertised three Assistant Professor of Medicine posts requiring a minimum of three years teaching experience. Out of 37 applications, UPSC shortlisted 20 candidates for interview by applying a higher criterion of at least four years’ experience, as …

R.C. TIWARIversusM.P. STATE CO-OPERATIVE MARKETING FEDERATION LTD. AND ORS.

1997 INSC 398Dismissed

R.C. Tiwari, an employee of M.P. State Co‑operative Marketing Federation Ltd., was dismissed for misconduct. He obtained a reference under the Madhya Pradesh Societies Act, which confirmed the dismissal and became final. He then approached the Labour Court under Section 10(1) of the Industrial …

THE SREE NARAYANA DHARMASANGHOM TRUSTversusSWAMI PRAKASANANDA AND ORS.

1997 INSC 399Leave Granted & Dismissed

The dispute concerned the validity of elections to the Committee of the Sree Narayana Dharmasanghom Trust. After a series of orders by the Kerala High Court, a Special Leave Petition (SLP) was filed in the Supreme Court and dismissed. The appellant argued that the dismissal of the SLP was not a …

SERAI KELLA GLASS WORKS PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, PATNA

1997 INSC 387Dismissed

Sera Kella Glass Works, a sheet‑glass manufacturer, filed price lists and paid excise duty based on its own calculations. The Assistant Collector issued several show‑cause notices, directed provisional assessment under Rule 9‑B and later modified the price list, disallowing most deductions. The …

ACHUTANANDA BAIDYAversusPRAFULLYA KUMAR GAYEN AND ORS.

1997 INSC 388Dismissed

Achutananda Baidya sold land to Prafullya Kumar Gayen, who later claimed the sale was made under distress and that an oral agreement existed for reconveyance, invoking the West Bengal Restoration of Alienated Lands Act, 1973. The Special Officer allowed restoration, but the appellate authority set …

STATE OF TAMIL NADU AND ANR.versusM.R. ALAGAPPAN AND ORS.

1997 INSC 389Appeal(s) allowed

The respondents, promoted Deputy Agricultural Officers in Tamil Nadu's Agricultural Extension Subordinate Service, claimed parity in pay with directly recruited Agricultural Officers, arguing that they performed substantially the same duties. The Tamil Nadu Administrative Tribunal granted them equal …

PHYSICAL RESEARCH LABORATORYversusK.G. SHARMA

1997 INSC 390Appeal(s) allowed

The Physical Research Laboratory (PRL), a government research institute under the Department of Space, retired employee K.G. Sharma at age 58, prompting him to claim a statutory retirement age of 60 under the Industrial Disputes Act, 1947. The Labour Court held that PRL was an "industry" within the …

ANSUYABEN KANTILAL BHATTversusRASHIKLAL MANIKLAL SHAH AND ANR.

1997 INSC 392Disposed off

The landlord, Ansuya Ben Kantilal Bhatt, filed a suit in 1966 seeking eviction of tenant Rashiklal Maniklal Shah under the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 on the grounds of personal occupation and alleged rent default. After 31 years of litigation, the Supreme Court …

OKHLA ENCLAVE JOINT ACTION COMMITTEE ETC.versusUNION OF INDIA AND ORS.

1997 INSC 377Disposed off

The petitioners, members of the Okhla Enclave Joint Action Committee, filed writ petitions under Article 32 alleging that the builder (Durga Builders Ltd., the ‘coloniser’) was not sincerely allotting the plots they had booked. The dispute centered on whether the coloniser should allocate plots …

SHRI D.P. PATILversusUNION OF INDIA AND ORS.

1997 INSC 378Dismissed

The appellant, D.P. Patil, retired in 1975 and failed to exercise the option to switch to a pension scheme during several extensions of the deadline. After others were granted pension benefits by a Tribunal, he filed a petition claiming ignorance of the extensions and sought a pension. The Tribunal …

RAMAVATARversusSTATE OF BIHAR AND ORS.

1997 INSC 381Dismissed

The appellant, Ramavatar, sought promotion to Engineer‑in‑Chief on the basis of a Scheduled Tribe (ST) status. The Supreme Court examined his claim by directing him to submit a genealogy table of his family history. The affidavit revealed that his ancestors originated from Bilaspur, Madhya Pradesh, …

UNION OF INDIA AND ANR.versusKARAM SINGH AND ORS.

1997 INSC 382Leave Granted & Allowed

The respondents' property was acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. After the Land Acquisition Collector fixed compensation, the respondents objected and an arbitrator enhanced the award. The Single Judge set aside the arbitrator’s award and fixed a …

JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.versusBAL KISHAN SONI AND ORS.

1997 INSC 383Leave Granted & Disposed off

The Jawahar Lal Nehru Krishi Vishwavidyalaya had undertaken a project under a scheme sponsored by the Indian Council of Agricultural Research (ICAR), creating 625 posts that were co‑terminus with the scheme. Employees working as binders, machine operators and Class IV staff filed a writ petition in …

V.K. DUBEY AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 385Leave Granted & Dismissed

The appellants, originally employed on the diesel side of Indian Railways, were trained and transferred to the electrical locomotive side after the introduction of electric engines. A dispute arose regarding the inter‑se seniority of those already working on the electrical side versus the …

STATE OF MAHARASHTRA AND ORS.versusDR. SHRI HARI SHANKAR VAIDHYA AND ORS.

1997 INSC 386Leave Granted & Disposed off

The petitioners, teachers in privately aided Ayurvedic, Unani and Homeopathic colleges, sought to obtain pension and gratuity benefits under the Maharashtra State Government Civil Service (Pension) Rules, 1982, which did not expressly cover them. The State of Maharashtra argued that extending such …

TATAVARTHI RAJAH AND ANR.versusCOMMISSIONER OF WEALTH TAX, HYDERABAD

1997 INSC 368Dismissed

The appellants, a Hindu Undivided Family (HUF) of four members, filed a suit for partition in 1954, with a final decree in 1961. The Wealth Tax Officer assessed the family for assessment years 1958-59, 1959-60 and 1960-61, treating it as an undivided family of four members because no physical …

HARSHAD J. SHAH AND ANR.versusL.I.C. OF INDIA AND ORS.

1997 INSC 369Disposed off

The insured had taken four LIC policies and missed the third half‑yearly premium. A general agent collected a bearer cheque for the overdue premium after the grace period, encashed it and deposited the amount with LIC after the insured's death. LIC rejected the claim, stating the policies had lapsed …

CHANDUBHAI MALUBHAI PARMAR AND ORS.versusSTATE OF GUJARAT

1997 INSC 370

A dispute over land allotment between the Vankar community and Harijans in Gujarat escalated into a riot involving a mob of 100‑150 persons, during which four Vankars were killed and thirteen injured. The mob also ransacked and set fire to several houses. The accused A‑34, A‑35 and A‑36 were …

THE LAND ACQUISITION OFFICERversusSHIVABAI AND ORS.

1997 INSC 371Leave Granted & Allowed

The case concerned land acquired under the Land Acquisition Act, 1894 for the Sriram Sagar Project. After the award of compensation was made on 22 November 1965, the claimants received the payment without protest. They later filed a writ petition alleging that a reference under Section 18 of the Act …

DHANNA SINGH AND ORS.versusBALJINDER KAUR AND ORS.

1997 INSC 372Leave Granted & Dismissed

The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser …

THE STATE OF WEST BENGAL AND ANR.versusARUN KUMAR BASU AND ANR.

1997 INSC 373Leave Granted & Allowed

The respondents, liquidators of the former West Bengal Provincial Company Ltd., challenged the State's acquisition of about 30 miles of land for a railway line, arguing that the vesting under the West Bengal Estates Acquisition Act, 1953 did not apply to non‑agricultural land and that the …

THE STATE OF BIHAR AND ORS.versusSYED ASAD RAZA AND ORS.

1997 INSC 374Leave Granted & Dismissed

Maulana Azad College, Ranchi, a minority institution, had entered into a 1972 agreement that no new posts could be created without the Vice‑Chancellor’s prior permission. After the Bihar State Universities Act, 1976 came into force, the college created a post and appointed Syed Asad Raza in 1979. …

L.N. VENKATESANversusTHE STATE OF TAMIL NADU AND ORS.

1997 INSC 375Dismissed

The petitioner, L.N. Venkatesan, challenged land acquisition proceedings that began with a notification under Section 4(1) of the Land Acquisition Act, 1894 (published 11‑June‑1975) and a declaration under Section 6 (published 3‑March‑1978). He obtained interim court orders in 1982 and 1986 that …

SHRI SURESH CHANDRAversusSHRI J.B. AGARWAL AND ORS.

1997 INSC 376Leave Granted & Allowed

The appellant, Suresh Chandra, an Assistant Manager (Electrical), sought promotion to the solitary Senior Manager (Electrical) post using the rule of roster (reservation) for Scheduled Castes and Scheduled Tribes. The respondents filed a writ petition contending that reservation could not be applied …

AS. GLITTRE D/5 I/S GARONNE AND ORS.versusCOMMISSIONER OF INCOME TAX, KERALA-II

1997 INSC 358Appeal(s) allowed

The appellants, non‑resident ship owners, had tax assessed on their shipping earnings under Section 172(4) of the Income Tax Act, 1961 and paid the tax. They later exercised their right under Section 172(7) to obtain a regular assessment, which showed that the tax previously paid was in excess. The …

M/S. RAAG RANG AND ANR.versusTHE GENERAL MANAGER, DELHI TELEPHONES AND ORS.

1997 INSC 359Disposed off

The appellants, M/s Raag Rang and others, claimed they had paid their telephone dues of Rs. 5,370.35 plus reconnection charges, yet faced a threat of disconnection. The General Manager, Delhi Telephones, issued a letter stating that no record of such payment existed in its bonds. The dispute …

TEJRAMversusPATIRAMBHAU

1997 INSC 360Appeal(s) allowed

The appellant owned 22.38 acres of land and executed a document on 20 April 1972 that purported to be an agreement to sell 11.76 acres for Rs.50,000, with Rs.48,000 allegedly received as consideration. The sale deed was never executed, and the respondent, a money‑lender, issued a notice and sued for …

S. SIVAPRAKASAMversusB.V. MUNIRAJ AND ORS.

1997 INSC 361Dismissed

The Catholic Syrian Bank, as mortgagee, obtained a preliminary decree (1951) and a final decree (1952) against mortgagor Manickam Mudaliar. While objections to the final decree were pending, a money creditor obtained a separate money decree, and the mortgaged property was sold in execution to …

STATE OF WEST BENGALversusSMT. MAYA DUTTA AND ORS .

1997 INSC 363Disposed off

Smt. Maya Dutta bought 1,065 sq. ft. of land from Bangur Land Development Corporation Ltd., a private agency, after the Urban Land (Ceiling of Regulation) Act, 1976 came into force. She sought permission under Section 27(2) of the Act to sell the building constructed on the land; the competent …

VENKAPPA GURAPPA HOSURversusKASAWWA C/O. RANGAPPA KULGOD

1997 INSC 364Dismissed

The appellant claimed a sale agreement dated 9 August 1959 and filed a suit for specific performance on 5 November 1972, after the respondent had obtained a possession decree in his favour on 9 November 1971. The appellant issued a notice to the respondent on 22 August 1972, asserting denial of the …

S. VANATHAN MUTHURAJAversusRAMALINGAM ALIAS KRISHNAMURTHY GURUKKAL AND ORS.

1997 INSC 365Dismissed

The appellant purchased a one‑third share in a property and filed suits for declaration of title and partition. While the suit was pending, the Tehsildar, under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, conducted a suo motu inquiry and granted a Ryotwari patta to …

SMT. SATHYAPREMA MANJUNATHA GOWDAversusTHE CONTROLLER OF ESTATE DUTY, KARNATAKA

1997 INSC 366Dismissed

Manjunatha Gowda, a coparcener in a Hindu joint family, received a 4/5 share of family property after a partition in 1965. He died in 1971, and his widow Smt. Sathyaprema Manjunatha Gowda and their unmarried daughter claimed a share of the estate under Section 8(1)(d) of the Hindu Law Women’s Rights …

K. MANLCKARAJversusUNION OF INDIA

1997 INSC 349Appeal(s) allowed

The appellant, a Scheduled Caste employee of Indian Railways, was promoted up to Welfare Inspector Grade III and sought promotion to Grade II after a restructuring increased the proportion of posts in each grade. The restructuring raised the total Grade II posts from 23 to 26, which, with a 15% …

KAMLESHWAR PRASADversusPRADUMANJU AGARWAL (DEAD) BY LRS.

1997 INSC 350Leave Granted & Dismissed

The landlord filed an eviction suit under Section 21(1)(a) of the Uttar Pradesh Premises (Regulation of Rent and Eviction) Act, 1972, claiming a bona‑fide need for the premises to start a cloth business. The prescribed authority rejected the claim, but the appellate authority reversed that decision …

S. GURDIAL SINGH AND ORS.versusLUDHIANA IMPROVEMENT TRUST

1997 INSC 352Dismissed

The Supreme Court heard an appeal by special leave against a Punjab & Haryana High Court order dismissing a writ petition that challenged the Ludhiana Improvement Trust's land acquisition. The Trust had issued notifications under the Punjab Town Improvement Act, 1922 (equivalent to Section 4(1) of …

KARUNA RAM MEDHI AND ORS.versusKAMAKHYA PRASAD BARUAH AND ANR.

1997 INSC 353Dismissed

The appellant (landlord) leased land to the respondent (tenant) in 1953 for seven years. The tenant built a house within five years, which was destroyed by fire in 1958 and subsequently rebuilt. The landlord served a notice to vacate on 12 December 1959 without the one‑month period required under …

DIRECTOR OF SCHOOL EDUCATIONversusT. LEKSHMAIAH AND ORS.

1997 INSC 354Appeal(s) allowed

The respondents, originally Senior Assistant Grade‑II teachers, were promoted to Grade‑I and claimed entitlement to graded advance increments based on their total length of service under Government Order (G.O.) No. 41 dated 4 February 1980. The Tribunal had set aside their claim on a procedural …

STATE OF ORISSA AND ORS.versusSHRI RAMANATH PATNAIK

1997 INSC 355Appeal(s) allowed

Ramanath Patnaik, who entered the Orissa State service as a clerk in 1944, had his date of birth recorded as 1 January 1921 based on his matriculation certificate. After retiring in 1976, he filed a suit in 1981 seeking a declaration that his correct date of birth was 1 January 1925. The trial court …

VANKAMAMIDL VENKATA SUBBA RAOversusCHATLAPALLI SEETHARAMARATNA RANGANAYAKAMMA

1997 INSC 356Appeal(s) allowed

V. Satyanarayana died leaving his widow Raghavamma, a minor son (the appellant) and a daughter (the respondent). A 1955 compromise decree partitioned the estate, granting the widow a life interest with reversion to the son. After the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) …

M.R. PATIL AND ANR.versusMEMBER, INDUSTRIAL COURT AND ANR.

1997 INSC 343Leave Granted & Allowed

Two recognised workers' unions and a third union (respondent No.2) that was not recognised under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, challenged a circular issued by the Maharashtra State Road Transport Corporation regarding payment of …

TAR MOHAMMED AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.

1997 INSC 344Dismissed

The appellants claimed tenancy rights over a 689.28‑acre partnership property that had been declared evacuee property after one partner migrated to Pakistan. They argued that, under Section 12(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, a tenancy existing before 14 …

RANDHIR SINGH AND ORS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1997 INSC 345Dismissed

The appellants and respondents were holding haats (market places) on land in Uttar Pradesh. The dispute centered on whether the Settlement Officer under the U.P. Consolidation of Holdings Act, 1954 could adjudicate a case involving buildings on that land used for commercial purposes. Section 3(5) of …

SEWA RAM AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 346Dismissed

Mohd. Marghoob Siddiqui, who had migrated to Pakistan before 1947 and became a Pakistani citizen, claimed Bhumidari rights of his mother Kabool Fatima after her death in 1965 and sold the land to the appellants. The Union of India and others initiated proceedings under the Enemy Property Act, 1968, …

PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.

1997 INSC 347Disposed off

The petitioners, manufacturers of Ayurvedic, Siddha and Unani drugs, challenged the amendment to Section 3(h) of the Drugs and Cosmetics Act, 1940, arguing that it arbitrarily prohibited the manufacture of drugs administered by the parenteral route and violated Articles 14 and 19(1)(g) of the …

PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.

1997 INSC 348Disposed off

Pratap Pharma Pvt. Ltd. and others filed writ petitions under Article 32 challenging the amendment of Section 3(h) of the Drugs and Cosmetics Act, 1940 (as amended by Act 68 of 1982), alleging it was arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution. The petitioners contended …

STATE OF WEST BENGALversusO.P. LODHA AND ANR.

1997 INSC 335Appeal(s) allowed

The respondent firm, M/s Prakash Trading Corporation, sold goods both on its own account and as a commission agent for 24 disclosed principals. The Commercial Tax Officer assessed sales tax under Section 6‑B of the Bengal Finance (Sales Tax) Act, 1941 on the firm’s total turnover, including the …

G. RAMESANversusSTATE OF KERALA AND ANR.

1997 INSC 336Dismissed

The Kerala High Court classified 17 acres of land acquired for a Kerala Road Transport Corporation depot into two belts – land abutting the road and low‑lying land below one metre – and awarded different compensation rates. The appellant challenged this classification, arguing that the belting …

STATE OF ORISSA AND ANR.versusDAMODAR NAYAK AND ANR.

1997 INSC 337Leave Granted & Allowed

The appeal concerned whether a lecturer appointed in 1976 without the requisite qualifications could receive salary under the Government's Grant‑in‑Aid Scheme. The State clarified in 1987 that unqualified lecturers with at least second‑class marks could be eligible, and a 1983 resolution prescribed …

UNION OF INDIAversusR.V. SWAMY@ VELLAICHAMY

1997 INSC 338Leave Granted & Allowed

R.V. Swamy, a deceased freedom fighter, claimed a Central Freedom Fighters pension based on certificates issued by prominent freedom fighters. The Madras High Court, after appreciating the evidence, directed that the pension be granted to his legal representatives. The Government of Tamil Nadu …

LUXMI DEVIversusTHE STATE OF HARYANA AND ORS.

1997 INSC 339Appeal(s) allowed

The appellant, Luxmi Devi, joined the police service as a Constable in 1981 and, through superior performance, was promoted and confirmed ahead of respondent No.6, Asha Rani, who was later transferred to Rohtak range at her own request. After the appellant's deputation period ended, the State …

HARINARAYAN SHRIVASTAVversusUNITED COMMERCIAL BANK AND ANR.

1997 INSC 340Dismissed

The petitioner, a bank employee, was charged with sanctioning loans to fictitious persons and a domestic enquiry was initiated. He applied for permission to engage an advocate, which was denied by the bank and upheld by the High Court. The petitioner argued that the pending criminal case on the same …

KRISHAN KUMAR, ASSISTANT SECRETARY, MARKET COMMITTEE, BHIWANI, DISTRICT BHIWANI, (HARYANA)versusHARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA THROUGH ITS CHIEF SECRETARY.

1997 INSC 342Leave Granted & Allowed

The Haryana State Agricultural Marketing Board advertised for Assistant Secretary posts requiring a graduate degree, knowledge of the Punjab Agricultural Produce Marketing Act and at least three years of experience in a government or semi‑government body. Krishan Kumar was appointed based on …

GARHWAL JAL SANSTHAN KARMACHARI UNION AND ANR.versusSTATE OF U.P. AND ANR.

1997 INSC 325Dismissed

The Uttar Pradesh Government created two separate corporations under the U.P. Water Supply and Sewerage Act, 1975: the state‑wide Jal Nigam and the locally‑jurisdictioned Jal Sansthans. Employees of the Garhwal Jal Sansthan Karmachari Union sought parity in pay with Jal Nigam employees, relying on a …

UNION OF INDIA AND ORS. ETC.versusK.G. KULKARNI ETC.

1997 INSC 326Leave Granted & Allowed

K.G. Kulkarni, a former sorter in the Railway Mail Service who was working as a clerk in the Speed Post Section, was denied an opportunity to appear for the departmental examination for promotion to Postal Superintendent/Postmaster Group B. He challenged the decision before the Central …

U.P. STATE ROAD TRANSPORT CORPORATION, ALIGARHversusSTATE OF U.P. AND ORS.

1997 INSC 327Appeal(s) allowed

The Uttar Pradesh State Road Transport Corporation sought higher compensation for 24.9 acres of land acquired for a road transport depot. The Collector initially awarded Rs. 11.25 per square yard, which was enhanced to Rs. 25 per square yard by the Additional District Judge under Section 18 of the …

GANPATBHAI M. SOLANKIversusDISTRICT COLLECTOR, VADODARA AND ANR.

1997 INSC 328Dismissed

The case concerned the Baroda District Cooperative Milk Producers' Union Ltd., where the Committee was elected for a three‑year term, but the Collector convened a meeting to elect a President and Vice‑President for a one‑year term. The petitioners argued that, under Sections 74‑C and 145(2) of the …

STATE OF U.P. AND ANR.versusBRIJ NATH MISRA

1997 INSC 329Leave Granted & Allowed

B.N. Misra was appointed on an ad‑hoc basis as an Ayurvedic Medical Officer in October 1983. After an unauthorised five‑year absence, a government order dated 8 September 1989 allowed him to resume duty upon production of a fitness certificate, treating the absence as a break in service. A selection …

DR. S.C.V. REDDY, AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 330Leave Granted & Allowed

The Supreme Court examined the applicability of the Mysore Agricultural Department Service (Recruitment) Rules, 1961, to determine the inter‑se seniority between directly recruited officers and promotees in the Karnataka Agricultural Service. The appellants contended that the Karnataka …

MADANLAL SETHI AND ORS. ETC.versusSTATE OF M.P. AND ORS. ETC.

1997 INSC 332Dismissed

The appellants, owners of saw‑mills, challenged the constitutionality of the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the M.P. Transit (Forest Produce) Rules, 1961, contending that the mandatory maintenance of detailed records (Forms D‑1, D‑2, D‑3) and the consequent risk of …

STATE OF PUNJAB AND ORS.versusG.S. GILL AND ANR.

1997 INSC 333Leave Granted & Allowed

The State of Punjab appointed a general‑category employee as Junior Technical Assistant and later promoted a Scheduled Caste candidate to the sole Assistant Superintendent post, which was reserved under the roster. The aggrieved general‑category employee sought a mandamus to de‑reserve the post, …

RAJEEV MANKOTIAversusTHE SECRETARY TO THE PRESIDENT OF INDIA AND ORS.

1997 INSC 334Disposed off

The petitioner, Rajeev Mankotia, filed a writ petition under Article 32 seeking protection of the Viceregal Lodge in Shimla as an ancient monument of national importance, opposing the Union Government's plan to convert it into a tourist hotel. The Court examined the definition of "ancient monument" …

HIMANSHU KUMAR VIDYARTHI AND ORS.versusSTATE OF BIHAR AND ORS.

1997 INSC 322Dismissed

The petitioners, who were appointed as daily‑wage assistant, driver and peons in a cooperative training institute of the Bihar government, had their services terminated by the institute's principal. They filed a writ petition alleging that their dismissal violated Section 25F of the Industrial …

A.K. JADHAVversusSTATE OF M.P. AND ORS.

1997 INSC 324Leave Granted & Dismissed

While serving as a Tehsildar, A.K. Jadhav was caught in a trap for demanding and accepting an illegal gratification of Rs.20,000. The Commissioner of the district suspended him on 21 March 1996 pending investigation. Jadhav challenged the suspension, arguing that only the State Government, as the …

KALIKA TIWARI AND ORS. ETC.versusSTATE OF BIHAR

1997 INSC 316Case Partly allowed

The case involved a dacoity on 22 December 1987 at the house of Sanfula Devi, during which three persons were murdered and valuables stolen. The trial court convicted twelve accused under Sections 396 and 120‑B IPC, and the High Court added convictions under Sections 302 and 34 IPC. The Supreme …

CHHEDA INDUSTRIESversusCOLLECTOR OF CUSTOMS, MADRAS

1997 INSC 317Appeal(s) allowed

The appellants imported stainless steel circles in October 1980 and were assessed customs duty under Tariff Heading 73.15(2), which carried a higher rate. They contended that circles should be classified under the residuary sub‑heading 73.15(1) at a lower rate. The Customs, Excise and Gold (Control) …

SRI N. UMAPTHYversusB.V. MUNIYAPPA

1997 INSC 318Leave Granted & Dismissed

The respondent, Sri N. Umapathy, purchased the suit property and associated machinery from his vendor and has been in continuous possession since November 1989. The appellant, B.V. Muniyappa, holds a mining lease over the same land, granted by the Government on 29 November 1993. The trial court …

MRS. P.K. SANDHUversusSHIV RAJ V. PATIL ETC.

1997 INSC 319Dismissed

Mrs. P.K. Sandhu, an in‑service officer of the Lok Sabha Secretariat, filed a writ of quo warranto challenging the appointments of several Additional Secretaries, Joint Secretaries and the Secretary to the Speaker who had been placed on deputation before the recruitment rules were amended. The …

MAKHAN LALversusASHARFI LAL AND ORS.

1997 INSC 320Leave Granted & Allowed

The respondents, who were licensees of a portion of a house belonging to Baij Nath, sued Makhanlal for permanent injunction, possession and damages, claiming they had no right to remain after the licence was revoked. Makhanlal contended that he had contributed half the cost of constructing the …

UNION OF INDIA AND ORS.versusSHRI BIHARI LAL SIDHANA

1997 INSC 321Leave Granted & Allowed

Shri B.L. Sidhana, a temporary cash clerk in the Delhi Milk Scheme, was accused of misappropriating funds and was placed under suspension. While the criminal prosecution was pending, the competent authority terminated his services under Rule 5(1) of the Central Civil Services (Temporary Service) …

PREMIER FABRICATORS, ALLAHABADversusHEAVY ENGINEERING CORPN. LTD., RANCHI

1997 INSC 304Appeal(s) allowed

Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued …

SHRI DIGVIJAY CEMENT CO. ETC.versusSTATE OF RAJASTHAN AND ORS. ETC.

1997 INSC 305Leave Granted & Allowed

The appellants, Gujarat cement manufacturers, challenged three Rajasthan notifications that reduced the Central Sales Tax on inter‑state cement sales to 7% and later 4% and dispensed with the mandatory Form C declaration. They argued that the notifications were not issued in public interest, …

NATIONAL INSURANCE CO. LTD.versusSUJIR GANESH NAYAK AND CO. AND ANR.

1997 INSC 306Leave Granted & Allowed

The appellant National Insurance Co. Ltd. issued two fire policies with a Riot and Strike endorsement to the respondent Sujir Ganesh Nayak & Co. When a strike halted production and caused damage, the insurer denied liability, invoking Special Condition 5(i)(b) which excludes loss from cessation of …

COMMISSIONER OF INCOME TAX, BOMBAYversusM/S. BANQUE NATIONALE DE-PARIS

1997 INSC 309Appeal(s) allowed

The non‑resident company Banque Nationale de‑Paris challenged a Super Profits Tax assessment that included interest received on Central and State Government securities. It argued that, under Clause X of Rule 1 of the First Schedule of the Super Profits Tax Act, 1963, such interest should be excluded …

K. GOPINATHAN NAIR ETC.versusSTATE OF KERALA

1997 INSC 307

The appellants, processors of cashew nuts in Kerala and Karnataka, purchased raw cashew nuts imported by the Cashew Corporation of India (CCI), a canalising agency, and argued that these purchases were "in the course of import" and thus exempt from state sales tax under Section 5(2) of the Central …

ASHOK KUMAR GUPTA AND ANR.versusSTATE OF U.P. AND ORS.

1997 INSC 308Dismissed

The petitioners challenged the promotions of several engineers in the Uttar Pradesh Public Works Department, arguing that the Supreme Court's decision in Indira Sawhney (Mandal) that reservation in promotion was unconstitutional could not be postponed for five years. The Court examined whether the …

THE HIMACHAL ROAD TRANSPORT CORPORATION AND ANR.versusSHRI KEWAL KRISHAN

1997 INSC 311Leave Granted & Allowed

The Himachal Road Transport Corporation (HRTC) initiated disciplinary proceedings against conductor Shri Kewal Krishan for failing to issue tickets. The enquiry was started by the Assistant Manager, Mr K.N. Uppal, who had been designated as Head of Office under the HRTC (Class III & IV) Services …

THE SECRETARY TO GOVERNMENT AND ANR.versusK. MUNNIAPP AN

1997 INSC 312Leave Granted & Allowed

The Supreme Court examined whether a civil servant can be suspended before retirement when an enquiry into a grave criminal offence is merely contemplated. K. Munniappan, a Divisional Engineer, was served a suspension order under Rule 17(e)(1) of the Tamil Nadu Civil Services (CCA) Rules because an …

C.S. JOSHIversusINDIAN INSTITUTE OF TECHNOLOGY, KANPUR AND ANR.

1997 INSC 314Leave Granted & Dismissed

C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced …

M/S. BEJGAM VEERANNA VENKATA NARASIMLOO ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 315Appeal(s) allowed

The appellants, rice millers, supplied rice to the Food Corporation of India under the Andhra Pradesh Rice (Procurement Ex‑Mill Prices) Order, 1975 and were paid the notified procurement price. The State later issued a memorandum (Nov 2 1976) extending that price to the 1976‑77 crop and, by a …

COLLECTOR OF CENTRAL EXCISE, MADRASversusM/S. ARESON AND COMPANY

1997 INSC 295Appeal(s) allowed

The respondent, a manufacturer of trailers and steel furniture, sought a refund of excise duty on the ground that the aggregate value of clearances of both items in the preceding financial year was below Rs 20 lakhs, invoking paragraph 2(ii) of Notification No. 80/80. The Assistant Collector …

STATE OF BIHAR AND ANR.versusRAMESH CHANDRA AND ANR. ETC.

1997 INSC 296Appeal(s) allowed

Dr. Chaudhary, originally appointed as an Associate Professor of Neurosurgery on an ad‑hoc basis, was later promoted to Professor. Dr. Ramesh Chandra challenged the promotion, arguing that Chaudhary lacked the requisite qualifications under the Indian Medical Council Regulations (IMCR) 1971, …

DELHI STOCK EXCHANGE ASSOCIATION LTD.versusCOMMISSIONER OF INCOME TAX, NEW DELHI

1997 INSC 297Dismissed

The Delhi Stock Exchange Association Ltd., a company limited by shares, claimed exemption from income tax under Section 11 read with Section 2(15) of the Income Tax Act, 1961, asserting that its income was derived from property held in trust for charitable purposes. The claim pertained to assessment …

BALESHWAR TEWARI (DEAD) BY LRS. AND ORS.versusSHEO JATAN TIWARY AND ORS.

1997 INSC 299Appeal(s) allowed

The respondent purchased three bighas and six kathas of land from the Raja Dumraon Raj in 1957 and filed a suit for declaration of title. The appellant claimed he had been in possession of the land as a lessee since 1925 and the trial court dismissed the suit, finding the appellant to be a raiyat. …

JAI PRAKASH SHARMAversusSTATE OF U.P. AND ORS.

1997 INSC 301Dismissed

J.P. Sharma, who had been Headmaster of a Junior High School since July 1974, contested the appointment of Man Singh Verma as Headmaster of the same school after it was upgraded to a High School in July 1976. The selection was made under Section 16‑E(2) of the U.P. Intermediate Education Act, 1921, …

SMT. RAM SAKHI DEVI ETC.versusSTATE OF U.P. AND ORS. ETC.

1997 INSC 302Dismissed

The appellant, Ram Sakhi Devi, was appointed headmistress of a junior high school that was upgraded to a high school. The managing committee selected her under the U.P. Intermediate Education Act, 1921, but the District Inspector did not ratify the appointment. The appellant challenged the dismissal …

SHRI DINESH TRIVEDI, M.P. AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 303Disposed off

A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the …

KADRA PAHADIYA AND ORS. ETC.versusSTATE OF BIHAR ETC.

1997 INSC 293Disposed off

The petitioners filed writ petitions seeking a Supreme Court direction that all States appoint sufficient Special Judicial Magistrates (SJM) and Special Metropolitan Magistrates (SMM) under Sections 13(1) and 18(1) of the Criminal Procedure Code, 1973, to clear the massive backlog of petty criminal …

B.O.I. FINANCE LIMITED ETC.versusTHE CUSTODIAN AND ORS. ETC.

1997 INSC 292Appeal(s) allowed

The appellant banks entered into ready‑forward (buy‑back) contracts with brokers before June 1992, consisting of a completed ready leg (purchase of securities) and a future forward leg. The Custodian, under the Special Court Act, claimed the contracts were void for violating RBI circulars issued …

JAI PARKASH AND ORS. ETC. ETC.versusUNION OF INDIA

1997 INSC 294Leave Granted & Dismissed

The appellants, Jai Parkash and others, challenged the compensation awarded for land acquired by the Union of India in village Keshopur under the Land Acquisition Act, 1894. The Land Acquisition Collector had divided the land into blocks with varying rates, which were later raised by the Additional …

L. CHANDRA KUMAR ETC. ETC.versusTHE UNION OF INDIA AND ORS. ETC. ETC.

1997 INSC 288Disposed off

The seven‑Judge Constitution Bench examined the constitutional validity of sub‑clause (d) of Article 323A and Article 323B, which sought to exclude the jurisdiction of all courts except the Supreme Court under Article 136, and Section 28 of the Administrative Tribunals Act, 1985, which attempted a …

NAGPUR IMPROVEMENT TRUSTversusNAGPUR TIMBER MERCHANTS ASSOCIATION AND ANR. ETC.

1997 INSC 290Leave Granted & Allowed

The Nagpur Improvement Trust (NIT) was liable to pay non‑agricultural assessment levied under the Maharashtra Land Revenue Code on lands it had leased to various lessees. The lessees contested this liability, arguing that Rule 9 of the Nagpur Improvement Trust (Land Disposal) Rules, 1955 made the …

POLAMMARASETTI VARANA VENKA SATYANARAYANAversusSUDDHA APPARAO NAIDU (DEAD) AND ORS

1997 INSC 291Dismissed

The plaintiff, a mortgagee, sought redemption of a usufructuary mortgage created in 1946 over a property that was then under a lease expiring in 1948. The defendant, the lessee, claimed that his leasehold right survived the mortgage and gave him a non‑evictable interest, preventing the mortgagee …

SMT. K. PONNAMMAversusTHE STATE OF KERALA AND ORS.

1997 INSC 277Dismissed

The petitioner, K. Ponnamma, and her husband were charged under Sections 302 and 201 of the Indian Penal Code; the husband was convicted while the petitioner was acquitted. During the pendency of the criminal trial she was suspended under Kerala Service Rule 57, which bars drawing any pay except a …

UNION OF INDIA AND ORS.versusBRIJ LAL THAKUR

1997 INSC 278Appeal(s) allowed

The vacancy for an E.C.G. Technician in the Northern Railway Hospital was filled by promoting a Scheduled Caste candidate, Prakash Kaur, under a 40‑point roster and rule of rotation that reserved the post for SCs. An unsuccessful general‑category candidate challenged the promotion, arguing that …

THE FLAG OFFICER COMMANDING-IN-CHIEF AND ANR.versusMRS. M.A. RAJANI AND ANR.

1997 INSC 279Dismissed

The Flag Officer Commanding‑in‑Chief and others appealed against a decision of the Central Administrative Tribunal (CAT) that ordered the appointment of Mrs. M.A. Rajan, a Scheduled Caste candidate, to a Grade III Stenographer post in the Ministry of Defence. The recruitment rules prescribe three …

HUKAM RAJ KHINVSARAversusUNION OF INDIA AND ORS.

1997 INSC 280Dismissed

The appellant, a government employee, was dismissed after suspension but the Central Administrative Tribunal set aside the dismissal and reinstated him on 13 March 1992, also directing that he receive all consequential benefits. The appellant did not receive those benefits, filed a contempt petition …

MOHAN LAL AND ORS.versusSTATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY, EXCISE AND TAXATION DEPARTMENT, GOVERNMENT SECRETARIAT, SHIMLA-2 AND ORS.

1997 INSC 281Appeal(s) allowed

Mohan Lal and others appealed against an order of the Himachal Pradesh Administrative Tribunal concerning the inter‑seniority of direct‑recruits to the Excise and Taxation Inspectorate (Class III) Service. The dispute centered on the interpretation of Rule 11 and Rule 4 of the Himachal Pradesh …

POWER FINANCE CORPORATION LTD.versusPRAMOD KUMAR BHATIA

1997 INSC 283Appeal(s) allowed

The respondent, an employee of Power Finance Corporation Ltd., applied for voluntary retirement under a scheme intended to reduce surplus staff. The corporation accepted his resignation on 20 December 1994, subject to the clearance of outstanding dues, and said the acceptance would be effective from …

SMT. SATI RANI SENversusM/S. INDIAN STANDARD CASTING CO. AND ANR.

1997 INSC 285Disposed off

The case involved parallel suits concerning Premises No. 31, Raja Santosh Road, Alipore, where the landlord (Indian Standard Casting Co.) obtained an ex parte decree in a suit against the principal tenant and executed possession, despite a pending suit in another court that had granted a status‑quo …

GANESH S/O GULABRAO SUROSHEversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 286Dismissed

The appellant, Ganesh, a member of the forward caste ‘Thakur’, claimed that he belonged to the Scheduled Tribe categories ‘Ma Thakur’ or ‘Ka Thakur’ in Maharashtra and applied for a caste certificate. The Scrutiny Committee examined his claim and rejected it, finding that he did not satisfy the …

KASHINATH S. BANDEKAR AND ORS.versusATMARAM VASSUDEVA NAIQUE AND ORS.

1997 INSC 269Dismissed

The appellants filed a suit in 1961 seeking declaration of ownership and possession of certain immovable properties, which was tried under the Portuguese Civil Procedure Code. The trial court prepared an especificacao and questionnaire under Articles 515 and 516, but dismissed the suit. On appeal, …

THE STATE OF BIHAR AND ORSversusBATESHWAR SHARMA

1997 INSC 272Appeal(s) allowed

The respondent, Bateshwar Sharma, was serving as an ad‑hoc Superintending Engineer while several departmental misconduct proceedings were pending against him. The Departmental Promotion Committee (DPC) examined his suitability for promotion from Executive Engineer and found him unfit for promotion …

STATE OF PUNJAB AND ORS.versusKRISHAN NIWAS

1997 INSC 273Appeal(s) allowed

Krishan Niwas, a government employee, was convicted under Section 302 IPC and sentenced to life imprisonment, leading to his removal from service under Article 311(2). The conviction was later modified to Section 325 IPC with a 1½‑year sentence. After serving the term, a departmental appeal reduced …

SRI DOKKA SAMUELversusDR. JACOB LAZARUS CHELLY

1997 INSC 274Appeal(s) allowed

The appellant filed a suit for declaration of ownership and possession of two plots, which was dismissed by the trial court and affirmed by the appellate court. The High Court, in a review, reversed the appellate decree, claiming that relevant precedents were not cited, and held the transaction to …

SAMBHOO NATH MISRAversusSTATE OF U.P. AND ORS.

1997 INSC 275Appeal(s) allowed

Sambhoo Nath Misra filed a private complaint against R.D. Tripathi, a government servant, alleging offences under IPC sections 409, 420, 465, 468 and 477A for forging his signature and misappropriating Rs.443.90. The magistrate dismissed the complaint on the ground that sanction under Section 197 of …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusASHWANI KUMAR

1997 INSC 276Appeal(s) allowed

The Punjab State Electricity Board supplied electricity to Ashwani Kumar, later issuing a bill of Rs.1,90,498.79 for the period Dec 1983‑Jan 1985. Kumar filed a civil suit seeking a permanent injunction to restrain the Board from recovering the amount. The trial court decreed in his favour, an …

ALLAHABAD BANK AND ANR.versusDEEPAK KUMAR BHOLA

1997 INSC 266Appeal(s) allowed

Allahabad Bank suspended clerk Deepak Kumar Bhola under clause 19.3(a) of the First Bipartite Settlement after a CBI investigation and charge‑sheet alleging forgery, cheating and other offences involving moral turpitude. Bhola challenged the suspension before the Allahabad High Court, which quashed …

RAJESH KUMAR ETC.versusDHARAMVIR AND ORS.

1997 INSC 262Appeal(s) allowed

The State of Haryana appealed the Punjab & Haryana High Court's acquittal of five accused who had been convicted of rioting, murder and attempted murder. The High Court had set aside the trial court's convictions on the basis that the accused acted in private defence of person and property. The …

DEPUTY COMMERCIAL TAX OFFICER AND ORS.versusCORROMANDAL PHARMACEUTICALS AND ORS.

1997 INSC 263Appeal(s) allowed

Corromandal Pharmaceuticals Ltd., declared a sick industrial company, had a rehabilitation scheme sanctioned by BIFR in 1990. The Andhra Pradesh Commercial Tax Department issued sales‑tax assessments for 1992‑93 and 1993‑94 and began recovery proceedings in 1994‑95, after the scheme was in force. …

AKHIL BHARAT GOSEVA SANGH ETCversusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 264Disposed off

The Supreme Court examined the operation of M/s. Al‑Kabeer slaughter house in Andhra Pradesh, which was established under the Agricultural Processing Export Development Authority Act, 1986 to promote beef exports. The appellants argued that the inter‑ministerial committee’s reliance on livestock …

UNION OF INDIA AND ANR.versusP.V. HARIHARAN AND ANR.

1997 INSC 265Appeal(s) allowed

The respondents, Tool Room Assistants in the Integrated Fisheries Project, were placed in the pay scale Rs 800‑1150 (maximum Rs 1150) and argued that their post, classified as "skilled" under the Central Government's notification, fell in Group C and thus entitled them to the higher Group C pay …

STATE OF MAHARASHTRAversusPRIYA SHARAN MAHARAJ AND ORS.

1997 INSC 256Appeal(s) allowed

The State of Maharashtra appealed the Bombay High Court’s order quashing the charge of rape against spiritual teacher Priya Sharan Maharaj and others. The High Court had discharged the accused on the basis that the accused was a saintly man and that the victims’ delayed complaints and lack of …

JAGDISH SINGHversusLT. GOVERNOR, DELHI AND ORS.

1997 INSC 258Appeal(s) allowed

Jagdish Singh, a member of Dronacharaya Co-operative Group Housing Society, also enrolled in Tribal Co-operative Housing Society Ltd., violating Rule 25(1)(c)(iii) of the Delhi Co-operative Societies Rules, 1973. The Registrar issued a show‑cause notice, found him disqualified, and ordered cessation …

CHANDIGARH ADMINISTRATION AND ORS.versusNAURANG SINGH AND ORS.

1997 INSC 259Appeal(s) allowed

The Chandigarh Administration, bound by a 1966 Home Ministry notification to follow Punjab's pay pattern, initially gave storekeepers the clerk pay scale but later, at the college principal's request, raised the scale for five incumbent storekeepers. After accepting the Second Pay Commission's …

KUNAL R. CHAUDHARIversusPURSHOTTAM B. TODI AND ANR.

1997 INSC 260Dismissed

The premises allotted to the appellant's mother under the Bombay Land Requisition Act were occupied by the appellant after her death. The respondent landlord obtained a court order for derequisition and possession, and the State Government ordered the appellant to vacate by 30‑August‑1996. The …

NAMDEV SHRIPATI NALEversusBAPU GANAPATI JAGTAP AND ANR.

1997 INSC 261Appeal(s) allowed

The appellant, N.S. Nale, sought redemption of a possessory mortgage on an inam land that had been resumed and regranted under the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950. The mortgagee, Bapu Ganpati Jagtap, failed to pay the statutory occupancy price required for regrant, yet …

ALLIED MOTORS (P) LTD.versusCOMMISSIONER OF INCOME TAX, DELHI

1997 INSC 237Appeal(s) allowed

Allied Motors (P) Ltd. claimed a deduction for sales‑tax collected in the last quarter of its accounting year 1983‑84, which was paid to the treasury in the next year but before the filing deadline. The Income‑Tax Officer disallowed the deduction under Section 43B of the Income Tax Act, 1961. The …

SUWALAL ANANDILAL JAINversusCOMMISSIONER OF INCOME TAX, BIHAR, RANCHI

1997 INSC 238

The assessee firm, whose partners were Karta of their respective Hindu Undivided Families, advanced personal funds to the firm and received interest on those deposits. The firm claimed a deduction for this interest under Explanation 2 to Section 40(b) of the Income Tax Act, 1961, but the Income Tax …

PROCESS TECHNICIANS AND ANALYSTS' UNIONversusUNION OF INDIA AND ORS.

1997 INSC 240Dismissed

The Supreme Court examined the constitutional validity of the Bharat Petroleum Corporation Ltd. (Determination of Conditions of Service of Employees) Act, 1988 and the schemes framed under it in 1989 and 1996. The appellant union argued that Section 3 of the Act gave the Central Government unguided …

COLLECTOR OF CENTRAL EXCISE, HYDERABADversusBAKELITE HYLAM LTD.

1997 INSC 241Case Partly allowed

The Collector of Central Excise appealed against the classification of three types of laminated sheets—decorative, industrial (paper‑based), and glass‑epoxy—manufactured by Bakelite Hylam Ltd. The issues concerned whether the sheets fell under Entry 15A(2) of the 1944 Excise Act, the residuary Entry …

ARORA ENTERPRISES LTD. AND ORS.versusINDUBHUSHAN OBHAN AND ORS.

1997 INSC 243Dismissed

Arora Enterprises Ltd. and others sued Indubhushan Obhan, an undischarged insolvent, for declaration that a sale agreement was valid and for recovery of money. After Obhan's death, the plaintiffs sought to implead his legal heirs via a chamber summons, which the trial judge dismissed on the grounds …

MUNICIPAL CORPORATION OF DELHI AND ANR.versusSHRI NARESH KUMAR AND ORS.

1997 INSC 244Appeal(s) allowed

The respondent owned agricultural land in Delhi and built a farm house that was occupied only occasionally for agricultural purposes. The Delhi Municipal Corporation levied a general tax on the building under Section 115(4)(c) of the Delhi Municipal Corporation Act, 1957. The respondent claimed …

ASHOK HURRAversusRUPA BIPIN ZAVERI

1997 INSC 245Disposed off

The husband and wife, married in 1970, lived separately from 1983 and filed a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act in 1984. The husband later moved a sole application for decree, while the wife withdrew her consent after the statutory 18‑month …

ASHOK KUMAR SHARMA AND ORS.versusCHANDER SHEKHAR AND ANR.

1997 INSC 239Dismissed

The Supreme Court examined a recruitment process for Junior Engineer where the advertisement specified a fixed last date for applications and a minimum qualification. Thirty‑three candidates who did not possess the qualification on that date but obtained it before the interview were allowed to …

KANDENKUTTY AND ORS.versusSTATE OF KERALA AND ORS.

1997 INSC 246Dismissed

The petitioners challenged a land acquisition notification issued on 10 January 1981 under Section 4(1) of the Land Acquisition Act, 1894 (and the corresponding Kerala provision). They argued that the later denotification of part of the land under Section 48 disturbed the integrality of the original …