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Judgments of 1997

846 judgments · newest first · showing 801–846

MIS. NEW KENILWORTH HOTEL (P) LTD.versusORISSA STATE FINANCE CORPORATION AND ORS.

1997 INSC 41Dismissed

M/s New Kenilworth Hotel filed a suit challenging actions of the Orissa State Finance Corporation under Section 29 of the State Financial Corporation Act and sought a permanent injunction to protect its possession of a hotel. The trial court granted a status‑quo order, which was later vacated by a …

STATE OF RAJASTHANversusDINESH KUMAR BHARTI

1997 INSC 42Appeal(s) allowed

The State of Rajasthan terminated the service of Dinesh Kumar Bharti, an ad‑hoc teacher appointed on 30 September 1970, after a Screening Committee under Rule 25 of the Rajasthan Service Rules, 1951 found him unfit for regularisation. Bharti challenged the termination; the trial court upheld it and …

BIHAR DISTILLERY AND ANR.versusUNION OF INDIA AND ORS.

1997 INSC 43Disposed off

The petitioners, a Bihar distillery licensed under the Bihar Excise Act to manufacture industrial alcohol (rectified spirit), challenged the State’s notice of cancellation of its licence, contending that licensing and control of such distilleries fall exclusively within the Union’s competence under …

THE STATE BANK OF INDOREversusGO VIND RAO

1997 INSC 33Appeal(s) allowed

Govindrao, an agent of the State Bank of Indore, was charged with causing loss to the bank by allowing large loans to be granted in violation of banking rules, which later became irrecoverable. The disciplinary authority dismissed him from service, and his subsequent appeals—including a special …

RAJKOT MUNICIPAL CORPORATIONversusMANJULBEN JAYANTILAL NAKUM AND ORS.

1997 INSC 34Appeal(s) allowed

The deceased Jayantilal was killed when a roadside tree, planted by the Rajkot Municipal Corporation, fell on him while he was walking on a footpath. His widow and children sued the corporation for damages, alleging negligence in failing to maintain the tree in a safe condition. The trial court and …

CENTRAL BUREAU OF INVESTIGATIONversusSUBODH KUMAR DUTTA AND ANR.

1997 INSC 35Disposed off

The Central Bureau of Investigation (CBI) filed a charge sheet against Subodh Kumar Dutta under the Prevention of Corruption Act, 1947 for allegedly accepting a bribe of Rs. 700. A Special Judge, appointed under the West Bengal Special Courts Act, 1949, took cognizance of the offence on 9 July 1988. …

STATE OF UP & ORS ETCversusSRI LAXMAN RICE MILLS AND ORS. ETC.

1997 INSC 38Disposed off

The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the …

STATE OF PUNJAB AND ORS.versusHARNAM SINGH AND ORS.

1997 INSC 39Appeal(s) allowed

The case concerned teachers who were employed by District Boards and Zilla Parishads in Punjab and whose schools were taken over by the Government of Punjab in 1957‑58. The deed of takeover stipulated that the government was under no obligation to retain the existing staff and that any staff taken …

STATE OF HARYANA AND ORS.versusAMAR NATH BANSAL

1997 INSC 32Appeal(s) allowed

Amar Nath Bansal, originally a civilian clerk in the Jind State Civil Service (1943), later served in the merged state of PEPSU, then Punjab, and finally Haryana. The Jind Service Regulations of 1945 fixed the retirement age at 62, but after the formation of PEPSU the Raj Pramukh issued Ordinances …

S.K.G SUGAR LTD.versusSTATE OF BIHAR AND ORS.

1997 INSC 29Dismissed

S.K.G. Sugar Ltd., a sugar factory with a reserved area under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, paid the Central Government‑fixed minimum price of Rs.13.92 per quintal for sugarcane as prescribed in the Sugarcane (Control) Order, 1966. The State Government, acting in …

DR. K. RAMULU AND ANR. ETC.versusDR. S. SURYAPRAKASH RAO AND ORS.

1997 INSC 30Appeal(s) allowed

The respondent, a Veterinary Assistant Surgeon in the Andhra Pradesh Animal Husbandry Department, filed an application seeking a promotion panel for the post of Assistant Director under the then‑applicable Rule 4 of the A.P. Subordinate Service Rules. The Andhra Pradesh Administrative Tribunal …

J.N. GOEL AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 26Dismissed

The case concerned the promotion of Assistant Engineers in the Central Public Works Department to the post of Executive Engineer. Under the 1954 Recruitment Rules, only graduate Assistant Engineers were eligible, but a 1972 proviso allowed diploma‑holder engineers with "outstanding ability and …

STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.

1997 INSC 27Appeal(s) allowed

The petitioners were Class III and IV employees appointed by the Central Government for the 1991 Census in Bihar, whose services were terminated after the census. They filed writ petitions seeking compulsory absorption in the Bihar State Government, relying on earlier letters and policy decisions of …

STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.

1997 INSC 28Appeal(s) allowed

The Supreme Court examined appeals by the State of Bihar against a Patna High Court order directing the absorption of Class III and IV employees who were temporarily appointed by the Central Government for the 1991 Census and whose services were terminated. The petitioners claimed they were state …

STATE OF RAJASTHANversusBHUP RAM

1997 INSC 16

The State of Rajasthan appealed the acquittal of Bhup Singh, who was convicted of murdering his wife, Chawli, based on her dying declaration and ballistic evidence. The High Court had set aside the conviction, holding that the dying declaration was invalid because it was recorded in Hindi rather …

STATE OF RAIASTHANversusANI @ HANIF AND ORS.

1997 INSC 17Appeal(s) allowed

The Supreme Court examined an appeal by the State of Rajasthan against the acquittal of six accused in a double murder case. The trial judge had interjected during the cross‑examination of an injured eyewitness (PW‑3) to clarify a confusion, which the High Court held improper. The Supreme Court held …

A.P. SAREEN AND ORS.versusSTATE OF U.P. AND ORS.

1997 INSC 18Disposed off

The appellants challenged the validity of a land acquisition proceeding where the government, invoking urgency, issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 27 July 1995 and later dispensed with the inquiry required under Section 5‑A by exercising power under Section …

SHIV KUMARI DEVENDRA OJHAversusRAMAJOR SHITLA PRASAD OJHA AND ORS.

1997 INSC 19Disposed off

The petitioner, a lady, filed a transfer petition seeking to move a succession application pending before the Civil Judge, Senior Division, Valsad, Gujarat, to the Civil Judge, Sadar, Pratapgarh, Uttar Pradesh, alleging difficulty in traveling and meeting expenses. The respondents offered to bear …

MIS INDIAN MAIZE AND CHEMICALS LTD.versusSTATE OF U.P. AND ORS.

1997 INSC 20Dismissed

Indian Maize and Chemicals Ltd obtained electricity supply from the Uttar Pradesh State Electricity Board under an agreement governed by the Indian Electricity Act, 1910. The company accrued arrears of Rs 49.95 lakh and, to avoid disconnection, agreed to pay the amount in twelve monthly instalments, …

S. NAGARAJANversusTHE DISTRICT COLLECTOR, SALEM AND ORS.

1997 INSC 21Dismissed

The appellant claimed Scheduled Tribe (Konda Reddy) status to obtain reservation benefits in the Central Civil Services Examination, but the Union Public Service Commission doubted his claim and ordered an enquiry. Multiple authorities—including the Deputy Tehsildar, Tehsildar, R.D.O., and the …

DHARAM PAL GOEL (DEAD) BY LRS.versusSTATE OF HARYANA AND ORS.

1997 INSC 24Dismissed

Dharam Pal Goel purchased about one bigha of land in Gurgaon and built a school on it in 1985. The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire the land for the public purpose of developing sectors, followed by a declaration under Section 6. …

STATE OF ORISSAversusDUTI SAHU AND ORS.

1997 INSC 25Appeal(s) allowed

The State of Orissa appealed against an Orissa High Court order that directed the issuance of timber transit permits to displaced persons who had been assigned land in a reserved forest for cultivation between 1982 and 1985. The assignment was conditioned that the standing trees on the land remained …

STATE OF RATASTHAN AND ANR.versusAMRIT LAL GANDHI AND ORS

1997 INSC 13Appeal(s) allowed

The State of Rajasthan and others appealed a Rajasthan High Court judgment that had applied a revised university pension scheme retrospectively from 1 January 1986 to teachers who retired between 1 January 1986 and 1 January 1990. The university had introduced the pension scheme only after the State …

BHURI NATH AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1997 INSC 14Disposed off

The Supreme Court examined the constitutionality of the Jammu & Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, which transferred management of the shrine and its endowments to a statutory Board and extinguished the hereditary rights of Baridars to receive offerings. The Baridars argued that the …

MIS. BALLIMAL NA VAL KISH ORE AND ANR.versusCOMMISSIONER OF INCOME TAX, BOMBAY

1997 INSC 15Dismissed

The appellant, who owned a cinema theatre converted from a former ginning factory, incurred large expenditures in 1960‑61 for new machinery, furniture, sanitary and electrical fittings, and extensive structural repairs. The assessee claimed a deduction under Section 10(2)(v) of the Income Tax Act, …

GORIE GOURI NAIDU (MINOR) AND ANR.versusTHANDROTHU BODEMMA AND ORS.

1997 INSC 12Dismissed

The Supreme Court dismissed a civil appeal filed by the heirs of a defendant challenging a Division Bench judgment that declared four deeds of gift executed by Gowramma void. The earlier suit before a Subordinate Judge and the subsequent High Court appeal had held those deeds invalid under Hindu …

C.K. DAMODARAN NAIRversusGOVT. OF INDIA

1997 INSC 11Dismissed

The appellant, a Provident Fund Inspector, was tried for accepting a bribe to exempt a hospital from statutory provident‑fund contributions under Section 161 of the IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The Special Judge acquitted him, but the …

MALKHAN SINGHversusUNION OF INDIA AND ORS.

1997 INSC 8Disposed off

The petitioner, a practising advocate belonging to a Scheduled Caste, applied for an Additional District & Sessions Judge vacancy in 1985, which was reserved for a Scheduled Tribe (ST) candidate. No suitable ST candidate was available, and the vacancy remained unfilled while three Scheduled Caste …

CHEMICAL AND FIBRES OF INDIA LTD.versusUNION OF INDIA AND ORS.

1997 INSC 9Dismissed

The appellant, Chemical and Fibres of India Ltd., manufactured nylon yarn and, in the process, produced polymer chips (Nylon 6 chips) from caprolactam monomer. The issue was whether these polymer chips fell within Item 15A of Schedule I to the Central Excise and Salt Act, 1944, as it stood between …

MAHMOOD HASAN AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1997 INSC 6Disposed off

The Supreme Court examined a massive promotion anomaly in the Uttar Pradesh Food and Civil Supplies Department where numerous junior clerks were promoted to Supply Inspector posts in violation of seniority rules, depriving senior employees of their rightful promotions. The petitioners argued that …

T.L. MADDUKRISHANA AND ANR.versusSMT. LALITHA RAMCHANDRA RAO

1997 INSC 2Dismissed

The appellants entered into a sale agreement for a plot of land with the respondents, fixing May 28, 1989 as the date for performance. The respondents repudiated the contract after the appellants had issued a notice to obtain tax clearance and urban ceiling authority permission. The appellants filed …

NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1997 INSC 1Appeal(s) allowed

National Organic Chemical Industries Ltd., a recognised refinery, manufactured ethylene, butylene and propylene and claimed that these products fell under Item 11‑AA(2) of the Central Excise Tariff, thereby qualifying for an exemption notification of 21‑December‑1967. The Revenue, relying on a …

SITARAMACHARYA (DEAD) THROUGH LRS.versusGURURAJACHARYA (DEAD) THROUGH LRS.

1997 INSC 3Appeal(s) allowed

The appellant's father purchased a restaurant business in 1951 and placed the respondent in charge, later alleging mismanagement and filing a suit for declaration and rendition of account. In earlier proceedings the respondent admitted in his written statement that he managed the business and …

DIRECTOR, ELEMENTARY EDUCATION AND ORS.versusPRATAP KUMAR NAYAK

1997 INSC 4Appeal(s) allowed

The Supreme Court heard an appeal against an order of the Orissa Administrative Tribunal that, in a review proceeding, directed the appointment of the respondent, Pratap Kumar Nayak, as a regular primary school teacher despite his failure to meet the prescribed qualifications. The Tribunal had …

M.L. MUBARAK BASHA AND OTHERSversusMUNI NAIDU

1997 INSC 5Dismissed

The appellant, M.L. Mubarak Basha, appealed a Madras High Court decision confirming a public auction sale of a saw‑mill property, contending that the Commissioner of the court had no authority to fix the upset price. The sale had been conducted under Order XXI Rule 66 of the Civil Procedure Code, …

UNION OF INDIA AND ORS.versusLT. COL P.S. BHARGAVA

1996 INSC 44Dismissed

Lt. Colonel P.S. Bhargava, an Army Dental Corps officer, completed the minimum qualifying service for a pension and applied for voluntary resignation, which was accepted with a notice that he would lose pension and other terminal benefits. He first challenged the acceptance of his resignation in a …

SMT. HARBANS KAURversusTHE COMMISSIONER OF WEALTH TAX, JULLUNDUR

1977 INSC 10Dismissed

The appellants were liable to penalty under Section 18(1) of the Wealth Tax Act, 1957 for failing to file wealth‑tax returns for assessment years 1970‑71 to 1975‑76. After the amendment inserting Section 18‑B, they filed the returns and sought a full waiver of the penalty. The Commissioner, …