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Judgments of 1998

491 judgments · newest first · showing 1–200

TRIPURA GOODS TRANSPORT ASSOCIATION AND ANR.versusCOMMISSIONER OF TAXES AND ORS.

1998 INSC 487Dismissed

The Tripura Goods Transport Association, a body of transporters, challenged the constitutional validity of several provisions of the Tripura Sales Tax Act, 1976 and its 1994 amendment rules that required transporters to maintain accounts, file Form XXIV and obtain a Certificate of Registration. The …

KAPIL MOHANversusTHE COMMISSIONER OF INCOME TAX, DELHI

1998 INSC 488Appeal(s) allowed

The appellant had deposited Rs.1,57,250 under the Annuity Deposit Scheme of the Income Tax Act, 1961, which was to be repaid in ten equal instalments of principal and interest under Section 280-D. After the depositor's death, the balance instalment of Rs.12,013 was paid to his son/executor, the …

U.P. STATE CO-OPERATIVE LAND DEVELOPMENT BANK LTD.versusCHANDRA BHAN DUBEY AND ORS.

1998 INSC 489Appeal(s) allowed

The Supreme Court examined three disciplinary dismissals of employees of the Uttar Pradesh State Co‑operative Land Development Bank Ltd. (the Bank). The High Court had held that the Bank was not an "authority" under Article 12 and that the dismissals violated natural‑justice rules, setting aside the …

COMMISSIONER OF INCOME TAX, BIHAR-II, PATNA.versusBOKARO STEEL LTD. BOKARO

1998 INSC 490Dismissed

Bokaro Steel Ltd., a government‑owned corporation, was in the process of constructing its steel plant and had not yet commenced business. During the assessment years it received (i) rent for quarters provided to contractors’ workers, (ii) hire charges for plant and machinery supplied to contractors, …

STATE OF PUNJABversusDR. R.N. BHATNAGAR AND ANR.

1998 INSC 491Dismissed

The dispute concerned the appointment of a Professor of Ophthalmology in a government medical college. Rule 9(i)(d) of the Punjab Medical College Education Service (Class‑I) Rules, 1978 mandates that 75% of professor posts be filled by promotion and 25% by direct recruitment. The State argued that …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 492Disposed off

The Supreme Court had ordered the closure of 168 industries, including Birla Textiles, and prescribed that workmen would retain continuity of service and receive full wages until the industries restarted at a new location. The management decided to relocate to Baddi, Himachal Pradesh, and issued …

SHRIRAM MANDIR SANSTHAN @ SHRI RAM SANSTHAN PUSDAversusVATSALABAI AND OTHERS

1998 INSC 483Appeal(s) allowed

The appellants, trusts established for educational or public religious purposes, owned agricultural lands covered by Section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. Their tenants died, and the trusts sought eviction, arguing that the tenancies terminated on …

KULDEEP SINGHversusCOMMISSIONER OF POLICE AND ORS.

1998 INSC 484Appeal(s) allowed

Constable Kuldeep Singh was dismissed in 1991 after a departmental enquiry found him guilty of misappropriating Rs 200 of Rs 1,000 allegedly received from a factory owner for payment to three labourers. The enquiry did not produce any of the labourers, relying instead on prior statements under Rule …

JAVED ABIDIversusUNION OF INDIA AND ORS.

1998 INSC 485Case Allowed

The Supreme Court entertained a writ petition under Article 32 filed by Javed Abidi seeking full implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner demanded that Indian Airlines provide aisle chairs, ambulifts, …

RAM SWARUP AND OTHERSversusS.N. MAIRA AND OTHERS

1998 INSC 486Appeal(s) allowed

The Collector, under the Punjab Security of Land Tenures Act, 1953, declared land held by Prem Nath Maira surplus in 1960 and allotted it to landless persons, who have possessed it since 1976. The Haryana Ceiling on Land Holdings Act, 1972 was amended in 1976 inserting Section 12(3), which vests …

RADHEY SHYAM GUPTAversusU.P. STATE AGRO INDUSTRIES CORPORATION LTD. AND ANR.

1998 INSC 481Appeal(s) allowed

The appellant, a temporary Branch Manager of U.P. State Agro Industries Corp., was accused of taking a Rs.2000 bribe. An enquiry officer examined witnesses, recorded statements and concluded that the appellant had taken the money, recommending termination. A simple termination order was issued the …

DWIJEN CHANDRA SARKAR AND ANR.versusUNION OF INDIA AND ANR.

1998 INSC 482Appeal(s) allowed

The appellants, two lower‑division clerks, were transferred in 1976 from the Rehabilitation Department to the Posts & Telegraph (P&T) Department in public interest. Their transfer orders stated that past service would be counted for all purposes except seniority. Under the P&T time‑bound promotion …

BHARAT PETROLEUM CORPORATION LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.

1998 INSC 478Appeal(s) allowed

Bharat Petroleum Corporation Ltd. submitted draft standing orders for certification under the Industrial Employment (Standing Orders) Act, 1946. The draft was partially certified, and the clause on representation of a workman in disciplinary proceedings was left unmodified, thereby retaining the …

COMMISSIONER OF INCOME TAXversusG. NARSHIMHAN (DIED) BY HEIRS

1998 INSC 479Case Partly allowed

The assessee, a shareholder of Kasthuri Estates Pvt. Ltd., received cash and property when the company reduced its share capital from Rs 1,000 to Rs 210 per share. Earlier advances to shareholders had been treated as deemed dividends under Section 2(22)(e) of the Income‑Tax Act. The Tribunal held …

FERRO ALLOYS CORPORATION LTD. ETC.versusUNION OF INDIA AND ORS.

1998 INSC 480Appeal(s) allowed

Ferro Alloys Corporation Ltd, a 100% export‑oriented unit manufacturing charge chrome, entered an off‑take agreement with Richco (Switzerland) and subsequently executed specific Charge Chrome Agreements for each shipment. The State of Orissa treated the sales for assessment years 1990‑91 and 1991‑92 …

RAJAMMALversusSTATE OF TAMIL NADU AND ANR

1998 INSC 477Appeal(s) allowed

The appellant, Rajammal, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982. She filed a representation on 13 January 1998, which reached the Secretary on 5 February 1998, but the Minister rejected it only on 14 February 1998. The High Court dismissed her …

M/S SAVITA CHEMICALS (PVT.) LTD.versusDYES AND CHEMICAL WORKERS UNION AND ANR.

1998 INSC 476Dismissed

The appellant, Savita Chemicals Ltd., sought a declaration that a strike by the Dyes and Chemical Workers Union was illegal under Sections 24(1)(a) and 24(1)(i) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The union had issued a strike notice …

MEWA SINGH AND OTHERSversusSHIROMANI GURDWARA PRABANDHAK COMMITTEE

1998 INSC 474Appeal(s) allowed

Four employees of the Shiromani Gurdwara Prabandhak Committee (SGPC), a body created under the Sikh Gurdwara Act, 1925, were dismissed from service. They filed a writ petition under Articles 226 and 227 of the Constitution challenging the dismissal. The Punjab & Haryana High Court refused relief, …

RAUNAQ INTERNATIONAL LTD.versusI.V.R. CONSTRUCTION LTD. AND ORS .

1998 INSC 468Appeal(s) allowed

The Maharashtra State Electricity Board issued a tender for large‑diameter piping for a power project and received bids from Raunaq International Ltd. and IVR Construction Ltd. The Board, after a technical assessment, relaxed the qualifying criteria and awarded the contract to Raunaq, whose bid was …

THE STATE OF WEST BENGALversusMR. MONOTOSH ROY AND ANR.

1998 INSC 469Appeal(s) allowed

The respondent, a former Chief Metropolitan Magistrate who retired in February 1981, sought to have his pension recalculated under the 1987 amendment to the All India Services (Death‑cum‑Retirement Benefits) Rules, which provided a higher pension to retirees after 1 January 1986. The High Court …

RAGHUNATHE JEW AT BHAPURversusBASANTHA KUMAR SAHU AND ORS.

1998 INSC 470Appeal(s) allowed

The appellant, a public deity, sought settlement of land vested in the State under the Orissa Estate Abolition Act, 1952, following notifications of 1968 and 1974. Private respondents objected, claiming occupancy rights, but the Estate Abolition Collector rejected their objections and settled the …

UNION OF INDIA AND ANR.versusCHOTELAL AND ORS.

1998 INSC 471Appeal(s) allowed

The Union of India appealed against a Central Administrative Tribunal (CAT) order that had held Dhobis employed at the National Defence Academy (NDA) were civil servants because their salaries were drawn from the Regimental Fund, which the Tribunal said was linked to the Consolidated Fund of India. …

THE DEPUTY COMMISSIONER ETC.versusCONSUMER CO-OPERATIVE STORES LTD.

1998 INSC 472Dismissed

The Deputy Commissioner of Andaman & Nicobar Islands challenged the refund of excise duty paid by licensees of Indian-made foreign liquor, arguing that the 1984 Amendment Regulation, particularly Section 31A and the non obstante clause in Section 6, validly imposed a special duty retrospectively. …

ORISSA SMALL INDUSTRIES CORPN. LTD. AND ANR.versusNARASINGHA CHARAN MOHANTY AND ORS.

1998 INSC 473Appeal(s) allowed

The respondent, an Assistant Manager of Orissa Small Industries Corporation Ltd., was terminated, reinstated by the High Court and given a notional promotion to Joint Manager. When a vacancy for Manager arose, the Departmental Promotion Committee considered his candidature but found him unsuitable, …

GANESH NAGARAO RAUT DUDHAGAONKARversusRAJANI SHANKARRAO SATAV AND ORS.

1998 INSC 467Dismissed

In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared …

BHAGAT SINGH ETC.versusSTATE OF U.P. AND ORS.

1998 INSC 465Dismissed

The State of Uttar Pradesh acquired 7.334 hectares of land in Agra for a fruits and vegetables market yard, invoking Section 17(4) of the Land Acquisition Act, 1894 to dispense with the Section 5‑A inquiry on the ground of urgency, despite a one‑year gap between the notification and the declaration. …

T.D. VENKATA RAOversusUNION OF INDIA

1998 INSC 466Dismissed

The appellant, representing Income Tax Practitioners, challenged the constitutional validity of Section 44(AB) of the Income Tax Act, 1961, which mandates that the accounts of businesses with turnover exceeding Rs 40 lakh and professionals with receipts exceeding Rs 10 lakh be audited only by a …

BHAWARLAL BHANDARIversusM/S UNIVERSAL HEAVY MECHANICAL LIFTING ENTERPRISES

1998 INSC 461Appeal(s) allowed

The appellant Bhandari had given a short‑term loan of Rs 15 lakh to the respondent Heavy Mechanical Lifting Enterprises. A dispute over interest and repayment was referred to arbitration; the arbitrator passed an award on 17‑Apr‑1985 and, after a four‑year delay, filed it in the Calcutta High Court …

LAL MOHAMMAD AND ORS.versusINDIAN RAILWAY CONSTRUCTION CO. LTD. AND ORS.

1998 INSC 462Appeal(s) allowed

The case involved 25 workmen employed by Indian Railway Construction Co. Ltd. (IRCON) on the Rihand Nagar railway line project who were served retrenchment notices in 1993 stating that most work was completed. The workmen challenged the notices, arguing that the project constituted a "factory" under …

NEETA KAPLISHversusPRESIDING OFFICER LABOUR COURT AND ANR.

1998 INSC 463Appeal(s) allowed

The appellant, a clerk at Dayanand Medical College and Hospital, was dismissed after a domestic enquiry that she alleged was biased and violated natural justice. The Labour Court found the enquiry to be unfair and ordered the management to lead fresh evidence on the merits, but the management relied …

SRI RAMENDRA KISHORE BISWASversusTHE STATE OF TRIPURA AND ORS.

1998 INSC 460Appeal(s) allowed

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the …

THE STATE OF GUJARAT AND ANR.versusSURYAKANT CHUNILAL SHAH

1998 INSC 458Dismissed

The respondent, S.C. Shah, an Assistant Food Controller (Class II) in Gujarat, was accused of issuing bogus cement permits and fabricating a government stamp, leading to his suspension and two FIRs under the Indian Penal Code and the Prevention of Corruption Act. A Review Committee was convened …

UNION OF INDIA AND ORS.versusKISHORILAL BABLANI

1998 INSC 459Dismissed

Kishorilal Bablani qualified for the IAS in 1974 and was placed in Class II service because the number of Class I vacancies was allegedly miscomputed. He claimed that 97 Class I posts should have been notified, not 40, and sought appointment under the 50% direct‑recruit/50% promotee quota. The …

DR. KUMAR BAR DASversusUTKAL UNIVERSITY AND ORS.

1998 INSC 457Appeal(s) allowed

The case concerned the appointment of Dr. Kumar Bar Das as Professor (SBI Chair) at Utkal University. The advertisement required "about ten years experience of teaching and/or research". The Selection Committee, after evaluating his combined teaching (7 years 7 months) and research (1 year 5 months) …

NISHANT PURIversusSTATE OF HIMACHAL PRADESH AND ORS.

1998 INSC 455Dismissed

Nishant Puri, a resident of Himachal Pradesh, applied for admission to the MBBS programme under the Himachal Pradesh University prospectus. Clause (iii) of the prospectus exempts wards of defence personnel or serving Central Government employees who are bona fide Himachalis from the requirement of …

INDU KAKKARversusHARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND ANR.

1998 INSC 456Dismissed

The Haryana State Industrial Development Corporation (HSIDC) allotted an industrial plot to York Printers under an agreement that required the allottee to commence construction within six months, complete it within two years, and start production within three years, failing which the plot could be …

MUNICIPAL CORPORATION OF BRIHANMUMBAI AND ANR.versusSTATE BANK OF INDIA

1998 INSC 454Dismissed

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially …

M.P. SHIKSHAK CONGRESS AND ORS.versusR.P.F. COMMISSIONER, JABALPUR AND ORS.

1998 INSC 449Dismissed

The appellants, representing teachers and staff of aided non‑government schools in Madhya Pradesh, challenged orders of the Regional Provident Fund Commissioner directing contributions to the Employees' Provident Fund (EPF) for the period 1 August 1982 to 1 December 1988, alleging that the Madhya …

V. KARNAL DURAIversusTHE DISTRICT COLLECTOR, TUTICORIN AND ANR.

1998 INSC 450Appeal(s) allowed

The appellant V. K. Dura submitted the highest tender for a sand quarry lease but his offer was rejected. He appealed to the Director of Geology and Mines, who allowed the appeal on 1 April 1997 but granted the lease only for the remaining period up to 31 March 1998 and imposed seigniorage fees …

M.S. ZAHEDversusK. RAGHAVAN

1998 INSC 451Disposed off

The landlord M.S. Zayed sued tenant K. Raghavan for possession of a portion of a house under Section 21(1)(h) of the Karnataka Rent Control Act, claiming a reasonable and bona‑fide need for the premises. The trial court found the landlord's need genuine and granted possession, but the Karnataka High …

M/S. UPADHYAY AND CO.versusSTATE OF U.P. AND ORS.

1998 INSC 452Dismissed

Mis. Upadhyay & Co. was permitted to collect tolls on the Shastri Bridge for a limited period and later sought to continue collection at revised rates. Various writ petitions were filed in the Allahabad High Court, resulting in interim orders, a Supreme Court set‑aside of those orders, and a High …

L.R. SHIVARAMAGOWDA ETC.versusT.M. CHANDRASHEKAR (D) BY LRS. AND ORS.

1998 INSC 447Disposed off

The Supreme Court examined two civil appeals arising from an election petition that sought to void the election of L.R. Shivaramagowda on grounds of alleged corrupt practices under the Representation of the People Act, 1951. The petition alleged that the returned candidate had failed to file true …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 448Directions issued

The writ petition filed by environmental activist M.C. Mehta in 1985 sought proper management and control of traffic in the National Capital Region and Delhi, highlighting vehicular pollution and chaotic traffic conditions that endangered public safety. The Supreme Court observed that the executive …

DIRECTOR GENERAL, ESI CORPORATION NEW DELHI AND ANR.versusSHRI M.P. JOHN AND ORS.

1998 INSC 453Appeal(s) allowed

An ex‑serviceman (respondent No. 1) was re‑employed by the ESI Corporation as a Lower Division Clerk. His salary was fixed at the minimum of the prescribed pay scale under Government Order (G.O.) dated 8 February 1983, and he was also entitled to his full military pension. He contended that, for the …

SMT. MARUA DEI @ MAKU DEI AND ORS.versusMURALIDHAR NANDA AND ORS.

1998 INSC 446Dismissed

The appellants sought a declaration that their family shrine, which originated as samadhis, was a private spiritual institution and not a public temple under the Orissa Hindu Religious Endowments Act, 1951. The respondents contended that the shrine had evolved into a public temple where Hindu …

KRISHNA KUMARI AND ANR.versusSTATE OF HARYANA AND ANR.

1998 INSC 444Dismissed

The appellants, daughters of Banarsi Das, claimed that surplus land declared under the Punjab Security of Land Tenures Act, 1953 was not utilised before their father's death, invoking the inheritance exemption under Section 10‑A(b). The State argued that the land had been allotted to a tenant, …

SMT. MALLAWWA ETC.versusTHE ORIENTAL INSURANCE CO. LTD. AND ORS.

1998 INSC 443Disposed off

The Supreme Court examined several appeals concerning the liability of insurers under Section 95 of the Motor Vehicles Act, 1939 for passengers travelling in goods carriages. The petitioners, owners of goods vehicles and claimants, argued that the insurance policy should cover death or injury of …

DR. J. SHASHIDHARA PRASADversusGOVERNOR OF KARNATAKA AND ANR.

1998 INSC 445Dismissed

Dr. J. Shashidhara Prasad was appointed Vice Chancellor of Mysore University on 20 August 1997, effective 4 September 1997, by the Governor (Chancellor) under Section 11 of the Karnataka State Universities Act, 1976. The next day the Chancellor learned of a pending criminal case against the …

UNION OF INDIA AND ORS.versusP. THAYAGARAJAN

1998 INSC 440Appeal(s) allowed

The respondent, a Sub‑Inspector of the CRPF, was charged with disobeying transfer orders, neglect of duty and misconduct. During the departmental enquiry, the Enquiry Officer treated letters from two witnesses—one for the department and one for the respondent—as oral statements, despite the …

MUNICIPAL BOARD, SAHARANPURversusSHAHDARA (DELHI) SAHARANPUR LIGHT RAIL CO. LTD.

1998 INSC 441Case Partly allowed

The Municipal Board of Saharanpur assessed house‑tax and water‑tax on a defunct railway company’s properties situated in a single complex with a "common compound". The Board treated all buildings as one unit for both taxes and allowed a 10% depreciation on the estimated cost of the buildings. The …

MUNICIPAL BOARD, SAHARANPURversusIMPERIAL TOBACCO OF INDIA LTD .

1998 INSC 442Appeal(s) allowed

The Municipal Board of Saharanpur sought to levy water tax on Imperial Tobacco's factory and residential buildings under Section 128(1)(x) of the U.P. Municipalities Act, 1916, claiming that the entire complex lay within a 600‑foot radius of a public stand‑pipe and was situated in a "common …

VJJAYABAL AND ORS.versusSHRLRAM TUKARAM AND ORS.

1998 INSC 437Appeal(s) allowed

The appellants' predecessors obtained an order under Section 8(3) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 deleting respondent No. 1’s name from the tenant list after a compromise in which he admitted he was not a tenant and purchased part of the land. No appeal was …

ADDITIONAL COMMISSIONER (LEGAL) AND ANR.versusM/S JYOTI TRADERS AND ANR. ETC.

1998 INSC 438Appeal(s) allowed

The Supreme Court examined whether a sales‑tax assessment for the year 1985‑86, completed before the expiry of the four‑year limitation under Section 21(2) of the U.P. Trade Tax Act, could be reopened after the legislature enlarged the limitation to eight years by inserting a proviso in the 1991 …

SRINIVASIAHversusSRI BALAJI KRISHNA HARDWARE STORES

1998 INSC 439Appeal(s) allowed

The landlord, Srinivasiah, sought eviction of the tenant, Balaji Krishna Hardware Store, claiming a bona fide need for the shop for his son's business. The Rent Controller, appellate authority, and Madras High Court all ordered eviction, but the Supreme Court reversed these orders, assuming an …

M/S RICKMERS VERWALTUNG GMB HversusTHE INDIAN OIL CORPORATION LTD.

1998 INSC 436Dismissed

The appellant, a shipowner, and the respondent, Indian Oil Corporation, negotiated a charter party for shipping pipes but never signed the agreement because they could not agree on the format of a standby letter of credit and a performance guarantee, which were treated as conditions precedent. The …

SANCHALAKSHRI AND ANR.versusVIJAYAKUMAR RAGHUVIRPRASAD MEHTA AND ANR .

1998 INSC 433Appeal(s) allowed

The respondent, a teacher, forged the signatures of the District Education Officer and Auditor in his service book to obtain salary fixation after his previous school closed. The school management dismissed him after an inquiry proved the forgery. The Gujarat Secondary Educational Tribunal set aside …

RAFAT ALIversusSUGNI BAI AND ORS.

1998 INSC 434Appeal(s) allowed

The appellant, Rafat Ali, leased premises from the respondents, Sugni Bai and heirs, who later sought eviction under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 on three grounds: rent default, waste causing damage, and nuisance. Both the Rent Control Court and the …

V.S. CHARATIversusHUSSEIN NHANU JAMADAR (DEAD) BY L.RS.

1998 INSC 435Appeal(s) allowed

The appellant, a landlord who was a minor when he applied under Section 31(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 for possession of land for personal cultivation, had his application dismissed, making the tenant a deemed purchaser. Subsequent proceedings under Section 32‑G to …

STATE OF BIHAR AND ORS.versusSTEEL CITY BEVERAGES LTD. AND ANR.

1998 INSC 432Appeal(s) allowed

Steel City Beverages Ltd., a soft‑drink manufacturer, claimed deferment of sales‑tax on its investment in bottles and crates under the Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990. The District Level Committee granted deferment on 90% of its fixed capital investment but excluded …

STATE OF BIHAR AND ORS.versusM/S SUPRABHAT STEEL LTD. AND ORS.

1998 INSC 429Dismissed

The State of Bihar introduced an Industrial Policy in 1993 that, under clause 10.4(i)(b), granted a seven‑year sales‑tax exemption on raw‑material purchases to old industrial units whose plant‑and‑machinery investment did not exceed Rs 15 crore as of 1‑April‑1993. A notification issued on 4 April …

INCOME TAX APPELLATE TRIBUNAL THROUGH PRESIDENTversusV.K. AGARWAL AND ANR.

1998 INSC 431Case Allowed

The Income Tax Appellate Tribunal (through its President) filed a contempt petition against the former Law Secretary, V.K. Agarwal, alleging that his letters demanding a report on alleged contradictory orders interfered with the Tribunal's judicial functions. The Tribunal had originally issued a …

MAROTI AND ORS.versusDEVRAO AND ORS.

1998 INSC 430Dismissed

The dispute concerned the right of a respondent (Dadarao) to retain his status as a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, after the 1955 amendment introduced Section 37A. The appellant (Nivrutti) claimed that the amendment extinguished the respondent's rights …

SECTOR 14 RESIDENTS WELFARE ASSOCIATION AND ORS.versusSTATE OF DELHI AND ORS.

1998 INSC 428Directions issued

The petitioners sought judicial intervention under Article 32 for the upgradation of sewerage management systems in the trans‑Yamuna area of Delhi and several sectors of NOIDA. The Supreme Court constituted a five‑member committee chaired by former Cabinet Secretary P.K. Kaul to examine the issues …

MAHABIR PRASAD SINGHversusM/S JACKS AVIATION PVT. LTD.

1998 INSC 426Appeal(s) allowed

Mahabir Prasad Singh filed a civil suit for recovery of possession before the Additional District Judge, Delhi. The respondent, Jacks Aviation Pvt. Ltd., sought a suo motu transfer of the case because its counsel was boycotting the court under a Bar Association resolution, but the trial judge …

RAM UJAREYversusUNION OF INDIA

1998 INSC 427Appeal(s) allowed

Ramujarey, a railway employee appointed as Khalasi in 1964 and later promoted to Semi‑Skilled and Skilled Fitter after passing trade tests, was reverted by an order dated 18‑April‑1980 to the post of Khalasi. He challenged the reversion in a regular suit, which was decreed in his favour, and …

M.R.F. LTD.versusINSPECTOR KERALA GOVT. AND ORS.

1998 INSC 423Dismissed

The Kerala Industrial Establishments (National and Festival Holidays) (Amendment) Act, 1990 increased compulsory paid holidays for industrial establishments from seven to thirteen. M.R.F. Ltd. challenged the amendment, alleging it infringed its right to carry on trade and business under Article …

VIRENDRA KASHINATH RAVAT AND ANR.versusVINAYAK N. JOSHI AND ORS.

1998 INSC 424Appeal(s) allowed

The landlords (appellants) let a building to Ms. Shanta Sabnis, who died leaving her daughter (second respondent) as the alleged heir. The landlords sued for eviction on the ground that the premises had been unlawfully sub‑let to the first respondent and his sister, invoking Section 13(1)(e) of the …

STATE OF U.P.versusHARISH CHANDRA AND CO.

1998 INSC 422Disposed off

The State of U.P. entered into a contract with Harish Chandra & Co. for excavation and construction work, which the contractor failed to complete, leading the State to finish the work through other agencies and incur extra costs. The dispute over payment was referred to arbitration, where the …

R.C. SAHI AND ORS. ETC.versusUNION OF INDIA AND ORS.

1998 INSC 418Dismissed

The petitioners, former Emergency Commissioned Officers (ECOs) in the Central Reserve Police Force (CRPF), challenged the seniority list prepared by the Union of India, alleging that the list improperly accounted for their past Army service. The Court examined whether the 1967 Rules on ECOs applied …

THE APPROPRIATE AUTHORITY AND ANR.versusSMT. SUDHA PATIL AND ANR.

1998 INSC 419Appeal(s) allowed

The Appropriate Authority, exercising powers under Section 269‑UD of the Income Tax Act, 1961, concluded that a property in Bangalore was undervalued by more than 15% in an agreement of sale and ordered its compulsory purchase by the Central Government for the consideration stated in the agreement. …

RASIK AUTO STORES AND ORS.versusNAVIN V. HANTODKAR AND ANR.

1998 INSC 420Dismissed

The petitioners, tenants of a commercial premises, challenged the landlord's suit for possession under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order, 1949, arguing that the landlord already owned other premises in the same building, which should bar his claim of bonafide requirement. The …

RAM BADAN RAI AND ORS.versusUNION OF INDIA AND ORS.

1998 INSC 417Dismissed

The appellants, claiming to be original residents of villages on the Bihar‑Uttar Pradesh border, challenged the validity of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, arguing that state boundaries were frozen as of 26‑January‑1950 and that the disputed lands were never …

VAIJANATH AND ORS.versusGURAMMA AND ANR.

1998 INSC 415Dismissed

The Supreme Court considered an appeal by the heirs of Veerappa challenging a partition order that gave the widow of Ramshetti a share in the joint family agricultural land. The issue was whether the Hindu Women's Right to Property Act, 1937, as applied in the erstwhile State of Hyderabad, covered …

BABYversusTRAVANCORE DEVASWOM BOARD AND ORS.

1998 INSC 413Dismissed

The appellant, Baby, challenged a Land Tribunal order that held she was not a cultivating tenant. The High Court set aside the Tribunal's decision under Section 103 of the Kerala Land Reforms Act, 1963, on the ground that the Tribunal failed to consider several material documents. The Supreme Court …

POOVOLLAPARAMBIL CHATHU AND ORS.versusV.P. SUDHEER AND ORS.

1998 INSC 414Appeal(s) allowed

The plaintiffs sought a declaration that they were exclusive co‑owners of a parcel of land, while the defendants claimed tenancy under a predecessor and asked for fixity of tenure. The dispute turned on whether the civil court could decide the tenancy issue or had to refer it to the Land Tribunal …

ION EXCHANGE (INDIA) LTD.versusUNION OF INDIA AND ORS.

1998 INSC 412Appeal(s) allowed

Ion Exchange (India) Ltd., a manufacturer of water purifiers, advertised that its products provided 100% safe drinking water instantly and remained bacteria‑free in storage. The Monopolies and Restrictive Trade Practices Commission, under the MRTP Act, instituted an inquiry and the company accepted …

TIN PLATE CO. OF INDIA LTD.versusSTATE OF BIHAR AND ORS.

1998 INSC 411Appeal(s) allowed

The appellant, Tin Plate Co. of India Ltd., a manufacturer registered under the Bihar Sales Tax Act and Central Sales Tax Act, filed its return for assessment year 1985‑86. The Commercial Tax Officer disallowed its claim of stock transfer as inter‑state sales and levied 10% tax, issuing a demand …

HOPE PLANTATIONS LTD.versusT ALUK LAND BOARD, PEERMADE AND ANR .

1998 INSC 409Case Partly allowed

Hope Plantations Ltd., which owned a large tea estate, claimed exemption from the ceiling area under the Kerala Land Reforms Act for land classified as fuel area, rested tea area, roads and buildings, and other agricultural land interspersed. The Taluk Land Board initially disallowed the fuel and …

ASHIRWAD ISPAT UDYOG AND ORS.versusSTATE LEVEL COMMITTEE AND ORS.

1998 INSC 410Appeal(s) allowed

The appellants purchased iron and steel scrap and cut it into smaller pieces for use by rolling mills and other manufacturers. They obtained a tax‑exemption eligibility certificate under a notification issued under Section 12 of the Madhya Pradesh General Sales Tax Act, which was later cancelled on …

KANWAR SINGH AND ORS. ETC. ETC.versusUNION OF INDIA

1998 INSC 408Dismissed

The Supreme Court heard appeals by landowners from village Rangpuri (village 'R') challenging the Delhi High Court's award of Rs 3000 per bigha as compensation for land acquired under the Land Acquisition Act, 1894. The appellants argued that, because adjoining villages Masoodpur and Mahipalpur had …

KARNATAKA PAWN BROKERS ASSON. AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.

1998 INSC 406Dismissed

The appellants, Karnataka Pawnbrokers Association, challenged the liability to pay sales tax on the sale of unredeemed pledged goods disposed of through public auction. The issue was whether a pawnbroker, by virtue of statutory authority to sell defaulted pledges, qualifies as a "dealer" and carries …

THE DAILY PRATAPversusTHE REGIONAL PROVIDENT FUND COMMISSIONER

1998 INSC 407Dismissed

The Daily Pratap, a newspaper printing business, paid its employees a "Production Bonus" that was a flat‑rate extra amount for extra work. The Regional Provident Fund Commissioner demanded contributions under Section 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1959, …

SPECIAL REFERENCE NO. I OF 1998versus-----

1998 INSC 402Reference answered

The President referred nine questions to the Supreme Court concerning the constitutional process for appointing and transferring judges of the Supreme Court and High Courts. The Court clarified that "consultation with the Chief Justice of India" under Articles 217(1) and 222(1) requires a plurality …

LIVING MEDIA INDIA LTD. AND ANR. ETC.versusUNION OF INDIA AND ORS.

1998 INSC 403Disposed off

The petitioners, including Living Media India Ltd., challenged Notification No. 49/89 Customs which imposed a 30% ad valorem duty on glazed newsprint imported for news magazines between 1 March 1989 and 24 January 1990. The Union later offered to levy only 15% and to refund any excess, subject to …

RAJENDRA PRATAP SINGHversusRAMESHWAR PRASAD

1998 INSC 404Dismissed

The petitioner, a tenant, was evicted by the respondent, the landlord, under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on the ground that the fixed‑term lease had expired. The tenant contended that the lease was invalid because the registered deed of …

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. M.M. SURI AND ASSOCIATES (P.) LTD.

1998 INSC 405Dismissed

The Employees' State Insurance Corporation (ESIC) appealed against a Delhi High Court order that held a 1988 notification extending the Employees' State Insurance Act, 1948 to shops was inapplicable to M.M. Suri & Associates (P) Ltd., a shop with five officers and fewer than twenty workers. The …

SARLA AHUJAversusUNITED INDIA INSURANCE COMPANY LTD.

1998 INSC 401Appeal(s) allowed

Sarla Ahuja, a widow residing in Calcutta, sought eviction of United India Insurance Co. Ltd., the tenant of her Delhi premises, invoking Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of a bona‑fide requirement and lack of suitable accommodation in Delhi. The Rent Controller …

WHIRLPOOL CORPORATIONversusREGISTRAR OF TRADE MARKS, MUMBAI AND ORS.

1998 INSC 400Appeal(s) allowed

Whirlpool Corporation, a US company, had its "WHIRLPOOL" trademark registered in India in 1957 and renewed twice, but it lapsed after 1977. The Chinar Trust later obtained registration of the same mark and began using it, prompting Whirlpool to file a passing‑off suit and a rectification petition. …

KASHIRAMversusSTATE OF M.P.

1998 INSC 397Dismissed

The appellant Kashiram and six others were charged with murder and related offences for allegedly forming an unlawful assembly and shooting Gorelal on 29 December 1986, also injuring four witnesses. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal of …

KESHAV DEO AND ANR.versusSTATE OF U.P. AND ORS.

1998 INSC 398Appeal(s) allowed

The appellants were promoted on an ad‑hoc basis to Assistant Engineer in the Uttar Pradesh Public Works Department within the quota reserved for promotees and thereafter worked continuously in that post. Their promotions were later confirmed by the State Service Commission, and a seniority list was …

UNION OF INDIA AND ANR.versusBANWARI LAL AGARWAL

1998 INSC 399Appeal(s) allowed

The respondent filed belated income‑tax returns for assessment years 1978‑79 to 1980‑81 after a search and seizure under Section 132 of the Income‑Tax Act, and the assessing officer made assessments higher than the returns. He was prosecuted under Section 276‑C for willful tax evasion. The …

STATE OF MAHARASHTRAversusVITHALRAO GANPATRAO WARHADE

1998 INSC 396Appeal(s) allowed

Vithalrao Ganpatrao Warhade filed a declaration under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 as amended by the 1972 and 1975 amendments. The Surplus Land Determination Tribunal and the Appellate Tribunal declared part of his land surplus and ordered its surrender. The …

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1998 INSC 395Dismissed

The petitioners sought relief under Article 32 concerning the communal riots in Meerut (Sept‑Oct 1982) and the subsequent enquiry commission headed by Justice C.D. Parekh. The Supreme Court repeatedly directed the Uttar Pradesh government to file an affidavit detailing the action taken on the …

RAJINDER KRISHAN KHANNA AND ORS.versusUNION OF INDIA AND ORS.

1998 INSC 393Disposed off

The appellants, owners of agricultural land and houses in Panipat, filed a writ petition alleging that effluent discharge from National Fertilizer Ltd's plant damaged their crops, mango orchards, residential buildings and rendered the land unfit for cultivation. The High Court dismissed the petition …

RAMESHWAR SWARUP (DEAD) BY LRS.versusSMT. SAROJ TYAGI AND ORS.

1998 INSC 394Appeal(s) allowed

The vendors sold a bungalow in the Meerut cantonment to the vendee, with the agreement stipulating that the vendee must obtain permission from the Military Estate Officer (MEO) for the transfer. Clause 5 provided that if such permission were not granted, the vendee could be released from the …

MAYAWATIversusMARKANDEYA CHAND AND ORS.

1998 INSC 390Disposed off

The case concerned a motion of confidence in the Uttar Pradesh Legislative Assembly on 21 October 1997, after which twelve Bahujan Samaj Party (BSP) MLAs voted for the government despite a whip issued by BSP leader Mayawati. Mayawati petitioned the Speaker for their disqualification under paragraph …

V. KASTURIversusMANAGING DIRECTOR, STATE BANK OF INDIA, BOMBAY AND ANR.

1998 INSC 392Dismissed

V. Kasturi voluntarily retired from the State Bank of India in 1984 after more than 20 but less than 25 years of service and was ineligible for pension under Rule 22(1)(c) which then required 25 years. The Rules were amended in September 1986 reducing the qualifying service to 20 years. Kasturi …

LIFE INSURANCE CORPORATION OF INDIA AND ANR.versusSHRL DHARAM VIR ANAND

1998 INSC 391Disposed off

The Life Insurance Corporation of India issued a life insurance policy on 31 March 1990, which the insured back‑dated to 10 May 1989 and paid premiums for that period. The insured’s minor daughter committed suicide on 15 November 1992. Clause 4‑B of the policy limits the insurer’s liability to the …

RAJ DEO SHARMAversusTHE STATE OF BIHAR

1998 INSC 384Appeal(s) allowed

R.D. Sharma was charged under the Prevention of Corruption Act, 1947 for an offence alleged in an FIR dated 2 November 1982. After a charge‑sheet in 1985, the Special CBI Judge framed charges only in 1993 and, by June 1995, had examined merely three of the forty witnesses listed. Sharma filed a writ …

DR. MUKHTIAR CHAND AND ORS. ETC.versusTHE STATE OF PUNJAB AND ORS.

1998 INSC 385Disposed off

The Supreme Court examined whether Rule 2(ee)(iii) of the Drugs and Cosmetics Rules, 1945, which defines "registered medical practitioner", exceeded the legislative competence of the Central Government under the Indian Drugs and Cosmetics Act, 1940, and whether state notifications declaring …

VIMAL SINGHversusKHUMAN SINGH AND ANR.

1998 INSC 388Appeal(s) allowed

Vimal Singh was tried for murder under Section 302 IPC for allegedly stabbing Vijay Singh with a knife. The trial court acquitted him, finding the prosecution had not proved the charge beyond reasonable doubt. The complainant, Khuman Singh, filed a revision petition; the Madhya Pradesh High Court …

RAJENDRA SINGH AND ORS.versusSTATE OF U.P. AND ORS.

1998 INSC 389Dismissed

The tenure‑holder, Mahant Narendra Das, was served a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 proposing certain land as surplus. While the proceedings were pending, he executed sale deeds transferring portions of the land to the appellants. The …

SUSHMA SURI ETC. ETC.versusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR.

1998 INSC 386Disposed off

Sushma Suri, an Additional Government Advocate with more than seven years of experience, applied for the Delhi Higher Judicial Service (DHJS) but was not called for interview. She challenged the decision, arguing that a Government Advocate remains an "advocate" under Article 233(2) of the …

C.N. RUDRAMURTHY ETC.versusK. BARKATULLA KHAN AND ORS. ETC.

1998 INSC 387Appeal(s) allowed

The landlord (appellant) filed an eviction suit against the original tenant for non‑payment of rent and alleged sub‑letting. The trial court decreed eviction, but the Karnataka High Court set aside the decree, holding that Section 31 of the Karnataka Rent Control Act, 1961 was invalid per Padmanabha …

M/S. PAPPU SWEETS AND BISCUITS ETC.versusCOMMISSIONER OF TRADE TAX U.P. LUCKNOW

1998 INSC 383Appeal(s) allowed

The appellants, industrial units manufacturing toffees in Uttar Pradesh, applied for eligibility certificates under a 1991 notification granting sales‑tax exemption to new and expanding units, but were denied on the ground that toffee was a "sweetmeat" listed in Annexure II of the notification. The …

MINERALS AND METALS TRADING CORPORATION OF INDIA LTD.versusSALES TAX OFFICER AND ORS.

1998 INSC 381Appeal(s) allowed

The Minerals and Metals Trading Corporation of India Ltd., acting as a canalising agent, placed a purchase order with a foreign exporter for tin mill black plate coils on behalf of the Steel Authority of India Ltd. (SAIL). The coils were shipped on the high seas and the bill of lading was endorsed …

IN RE: AJAY KUMAR PANDEY, ADVOCATEversus----

1998 INSC 382Disposed off

Advocate Ajay Kumar Pandey, after his defamation suit and subsequent revision were dismissed, filed a series of contempt petitions against judges of the High Court and subordinate courts, using scurrilous, unparliamentary and abusive language that cast aspersions on their impartiality. The Supreme …

STATE OF GUJARAT AND ANR.versusHONBLE HIGH COURT OF GUJARAT

1998 INSC 380Disposed off

The Supreme Court examined whether prisoners sentenced to rigorous imprisonment may be compelled to perform hard labour without consent and what wages they are entitled to under Article 23 of the Constitution. It held that such labour is lawful as it serves a public purpose of reform and …

PAWAN KUMAR SHARMAversusGURDIAL SINGH

1998 INSC 379Appeal(s) allowed

P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and …

ARUL NADARversusAUTHORISED OFFICER, LAND REFORMS

1998 INSC 375Appeal(s) allowed

Arul Nadar, a landowner, was found to possess surplus agricultural land beyond the ceiling prescribed under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. He claimed that two settlement deeds executed in favour of his minor sons on 28‑April‑1970 and 2‑May‑1970 were valid under …

SUN OIL COMPANY (P) LTD. AND ANR.versusSTATE OF WEST BENGAL AND ORS.

1998 INSC 376Dismissed

Sun Oil Company Ltd., a registered dealer and small‑scale industry, obtained a certificate under Section 4‑AA of the West Bengal Sales Tax Act, 1954 exempting it from "tax" for the period 14‑Jan‑1980 to 14‑Jan‑1985. Despite this, the company was assessed a turnover tax under Section 4‑AAA for part …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 377Directions issued

The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the …

RANJIT SINGHversusSTATE OF PUNJAB

1998 INSC 378Appeal(s) allowed

The appellant Ranjit Singh was named in an FIR for an unlawful assembly in which a rifle was seized and used to fire at the deceased; the police investigation under Section 173 exonerated him and the case was committed to the Sessions Court. The complainant filed a petition before the Sessions Judge …

MR.'X'versusHOSPITAL Z

1998 INSC 374Dismissed

The appellant, a doctor who tested HIV‑positive, had his status disclosed by Hospital Z when he was about to marry Ms. Y, leading to social ostracism. He filed a consumer complaint seeking damages for breach of medical confidentiality and violation of his right to privacy under Article 21. The …

KURUKSHETRA UNIVERSITY AND ANR.versusJYOTI SHARMA AND ORS. ETC.

1998 INSC 369Disposed off

The Kurukshetra University closed admissions to its M.Sc (Zoology) programme for 1997‑98 after publishing four merit lists, but four students later left creating vacancies. The university handbook prescribed the admission schedule but was silent on how to fill seats that became vacant after closure. …

STATE OF ORISSA AND ORS.versusVIJAY LAXMI OIL INDUSTRIES

1998 INSC 370Appeal(s) allowed

The respondent, Vijay Laxmi Oil Industries, invested in fixed capital on 17 July 1989 under the 1986 Industrial Policy Resolution (IPR) and began commercial production on 9 June 1990 when the 1989 IPR was in force. It applied for sales‑tax exemption under the 1989 IPR, but the application was …

BAIDYANATH JENA AND ANR.versusUNION OF INDIA AND ORS.

1998 INSC 371Appeal(s) allowed

The case concerned officers of the Orissa State Police Service who were placed on the 1982 Select List for promotion to the Indian Police Service (IPS) but were not appointed and were omitted from the 1983 Select List. They challenged the 1983 list and the Central Administrative Tribunal (CAT) held …

ROSHNI DEVI AND ORS. ETC.versusSTATE OF HARYANA AND ORS.

1998 INSC 373Disposed off

The Haryana Service Selection Board (SSB) received requisitions for 662 clerk vacancies but prepared a selection list of 5,373 candidates on 15‑Oct‑1989 and recommended 1,692 names in a random order, excluding many higher‑merit candidates. The Punjab & Haryana High Court in Sudesh Kumari’s case …

BASUDEO TIWARYversusSIDO KANHU UNIVERSITY AND ORS.

1998 INSC 367Appeal(s) allowed

Basudeo Tiwary, a lecturer appointed in 1978 at an affiliated college that later became a constituent unit of Sido Kanhu University, was re‑appointed on a temporary basis in 1986. The Vice‑Chancellor terminated his services, invoking Section 35(3) of the Bihar State Universities Act, 1976, on the …

SANJAY MUSALEversusSTATE OF M.P. AND ORS.

1998 INSC 366Dismissed

The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. SHEELA RANI AND ORS.

1998 INSC 362Dismissed

A Fiat car was sold and the transferee informed New India Assurance Co. Ltd. of the transfer by letters that did not follow the prescribed form under Section 103-A of the Motor Vehicles Act, 1939. The insurer gave no reply. The car later met with an accident, and the victims claimed compensation …

SURESH BUDHARMAL KALANIversusSTATE OF MAHARASHTRA

1998 INSC 364Appeal(s) allowed

The case arose from a gang‑related shoot‑out at J.J. Hospital in 1992 that resulted in the death of Shailesh Haldankar and injuries to several persons. The appellants, Suresh Budharmal Kalani and Dr. Aken Kumar Gajendra Rai Desai, were charged under Sections 3(3) and 3(4) of the Terrorist and …

UNION OF INDIA AND ORS.versusSUBEDAR RAM NARAIN ETC.

1998 INSC 361Appeal(s) allowed

The respondent, a Junior Commissioned Officer in the Indian Army, was court‑martialled under Sections 40(a) and 48 of the Army Act, 1950, found guilty and dismissed from service. He filed a writ petition seeking pensionary benefits, and the Delhi High Court, relying on Major G.S. Sodhi’s case, held …

SALEEMversusDISTRICT JUDGE, MUZAFFARNAGAR AND ORS.

1998 INSC 365Dismissed

The landlord filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the shop occupied by the tenant was a newly constructed building first assessed for house tax on 1 April 1982, and therefore exempt from the Act’s protective …

AUNDIAPPA NADARversusGNANAMBAL AMMAL AND ORS.

1998 INSC 360Appeal(s) allowed

Aundippa Nadar leased the B schedule portion of a plot in 1954 and later erected a pucca superstructure in 1965, after the original cut‑off date of 12 September 1955. He filed an application under Section 9 of the Tamil Nadu City Tenants Protection Act, 1921 (as amended) seeking the right to …

M/S. SIEL LTD. AND ORS. ETC.versusUNION OF INDIA AND ORS.

1998 INSC 359Dismissed

The petitioners (SIEL Ltd. and others) challenged the constitutional validity of the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 and subsequent state notifications controlling the supply, distribution and price of molasses, arguing that the State lacked legislative competence because the sugar …

PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1998 INSC 357Dismissed

The Supreme Court was approached by the Union of India for clarification of its earlier order directing the National Human Rights Commission (NHRC) to investigate alleged mass human‑rights violations in Punjab. The NHRC raised preliminary objections, contending that Section 36(2) of the Protection …

RANI LAXMIBAI KSHETRIYA GRAMIN BANKversusCHAND BEHARI KAPOOR AND ORS. ETC.

1998 INSC 356Appeal(s) allowed

The Rani Laxmibai Kshetriya Gramin Bank advertised 35 Probationary Officer and 35 Field Supervisor posts in 1983, selected candidates including the respondents, but later appointed fewer officers despite increasing the advertised vacancies. The panel of successful candidates was to remain valid for …

ABBAI MALIGAI PARTNERSHIP FIRM AND ANR.versusK. SANTHAKUMARAN AND ORS

1998 INSC 355Appeal(s) allowed

The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, …

MOHAMMAD KASAM HAJI GULAMBHAIversusBAKERALI FATEHALI (D) BY LRS.

1998 INSC 352Case Allowed

The landlord filed an eviction suit under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that tenant Bakerali Fatehali had unlawfully sublet or transferred his interest in a shop to his two sons. Bakerali had originally taken the shop on his own name, …

THE STATE OF PUNJAB AND ORS.versusBAKSHISH SINGH

1998 INSC 353Case Allowed

B. Singh, a police constable, was dismissed for alleged unauthorized absence. The trial court held that the absence had been regularised as leave without pay, so the misconduct charge did not survive, and also found that Singh was denied a personal hearing and that his signatures were obtained under …

M/S RAPTAKOS BRETT AND CO. LTD.versusGANESH PROPERTY

1998 INSC 354Dismissed

The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted …

N.AMMADversusTHE MANAGER, EMJAY HIGH SCHOOL AND ORS.

1998 INSC 351Dismissed

The appellant, a senior teacher at Emjay High School, claimed that, after acquiring the requisite qualifications, he should have been appointed Headmaster of the minority‑aided school. The school management instead transferred a qualified teacher from another school and appointed him as Headmaster, …

MATHEVAN PILLAI PADMANABHA PILLAIversusARULAPPAN NADAR YOVAN NADAR AND ORS.

1998 INSC 348Dismissed

The appellant sought redemption of a 1947 usufructuary mortgage, but the respondents contended that they had become deemed tenants under Section 4A of the Kerala Land Reforms Act, 1964 (as amended by Act 35 of 1969) because they had possessed the mortgaged land continuously for more than fifty years …

ZIPPERS KARAMCHARI UNIONversusUNION OF INDIA AND ORS.

1998 INSC 343Dismissed

The Zippers Karamchari Union filed a writ petition under Article 32 seeking to quash the Central Government's permission to YKK for setting up an integrated plant for zip fasteners and to set aside Notification No. S.O. 309(E) dated 30 May 1986, alleging that the de‑reservation of zip‑fastener …

N. BALAKRISHNANversusM. KRISHNAMURTHY

1998 INSC 345Disposed off

The respondent obtained an ex‑parte decree against the appellant. The appellant filed an application to set aside the decree but delayed filing it by 883 days, citing his advocate's negligence as the cause. The trial court, applying Section 5 of the Limitation Act, 1963, accepted the explanation and …

JAGBIR AND ANR.versusSTATE OF PUNJAB

1998 INSC 346Case Allowed

The police filed a report under Section 190(1)(b) CrPC and the trial court acquitted all accused. The complainant, Birbal, appealed to the High Court under Section 378(4) after obtaining leave, and the High Court convicted two of the appellants. The appellants challenged this conviction before the …

BAIJ NATH SHARMAversusHONBLE RAJASTHAN HIGH COURT AT JODHPUR AND ANR.

1998 INSC 339Dismissed

B.N. Sharma, a retired member of the Rajasthan Judicial Service, sought promotion to the Rajasthan Higher Judicial Service. After filing a writ petition that was withdrawn with liberty to re‑file, his representation was rejected by the High Court’s Full Court, prompting a second writ petition which …

SAJJAN SINGHversusSTATE OF MADHYA PRADESH

1998 INSC 340Dismissed

The appellants were convicted of murder under Sections 302/149 IPC for the killing of Munnabhai, but the Madhya Pradesh High Court Division Bench was split on the convictions of seven of them. The matter was referred to a third judge under Section 392 of the CrPC, who refused to revisit the …

M/S. DLF UNIVERSAL LTD.versusPROF. A. LAKSHMI SAGAR AND ORS. ETC.

1998 INSC 338Disposed off

M/s DLF Universal Ltd. proposed a garden colony of 270 country‑type villas on agricultural land along the Arkavathi River. The Karnataka State Government approved the scheme on 29 June 1991, imposing conditions prescribed by the State Pollution Control Board to prevent water pollution and ensuring …

T. LAKSHMIKUMARA THATHACHARIARversusCOMMISSIONER, H.R.C.E. AND ORS.

1998 INSC 341Dismissed

The case concerned a scheme for the administration of the Devarajaswamy Temple at Kancheepuram, originally settled in 1909 under Section 92 of the Code of Civil Procedure and modified in 1941 under the Madras Hindu Religious Endowments Act, 1927. In 1982 the Deputy Commissioner of Hindu Religious …

YOGESH CHANDRA JOSHIversusSTATE OF U.P. AND ORS.

1998 INSC 342Appeal(s) allowed

The Allahabad Jal Sansthan created the post of Finance Officer in 1978 without prior State Government approval and promoted the appellant to that post in 1986. In 1992 the State Government ordered his reversion to Accounts Officer, alleging that the post creation and promotion were irregular under …

SAMIR CHANDAversusMANAGING DIRECTOR, ASSAM STATE TPT. CORPN.

1998 INSC 331Appeal(s) allowed

The appellant, a passenger in a bus owned by the Managing Director of Assam State Transport Corporation, suffered serious injuries when a bomb exploded inside the bus while passengers were alighting at the last stop during the Assam agitation. He claimed compensation under Sections 92‑A and 110 of …

MUTHAIAH SEKHARversusNESAMONY TPT. CORPORATION LTD. AND ANR.

1998 INSC 332Appeal(s) allowed

Muthiah Sekhar, a 25‑year‑old lawyer, was injured in a collision between a taxi and a bus owned by Nesamony TPT. Corporation Ltd. He suffered permanent dislocation of the right hip, 60% loss of vision in the left eye and 50% loss of hearing in the left ear, and had to travel to New York for balloon …

M.S. BINDRAversusUNION OF INDIA AND ORS.

1998 INSC 333Case Allowed

M.S. Bindra, a senior Indian Revenue Service officer, was compulsorily retired on the ground that his integrity was doubtful, based on three investigations cited by a Screening Committee. The Committee’s conclusions were challenged before the Central Administrative Tribunal, which dismissed the …

SAMEE KHANversusBJNDU KHAN

1998 INSC 334Dismissed

Two neighbours were litigating over a narrow lane. The plaintiff obtained an interim injunction restraining the defendant from obstructing the lane, but the defendant erected a brick wall in defiance. The trial court, invoking Order 39 Rule 2A of the Code of Civil Procedure, ordered the defendant's …

MOHAN SINGHversusLATE AMAR SINGH THROUGH THE LRS.

1998 INSC 335Dismissed

The tenant, Mohan Singh, obtained two successive permissions for a limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the second limited period expired, the landlord sought possession and the tenant alleged that the second permission was procured by fraud and that he was …

C.K. ANTONYversusB. MURALEEDHARAN AND ORS.

1998 INSC 330Dismissed

The appellants, former Rangers promoted temporarily as Assistant Conservators of Forests under Rule 9(a)(i), claimed seniority over directly recruited Assistant Conservators appointed after 1 May 1978. The High Court dismissed the claim, holding that temporary or stop‑gap appointments do not …

SHEEL CHANDversusPRAKASH CHAND

1998 INSC 336Case Allowed

The landlord filed an eviction suit against the tenant claiming a bona‑fide personal need for the premises to start a general‑store business. The trial court, after evaluating evidence, held that the landlord's need was not genuine and dismissed the suit; the appellate court affirmed this finding. …

STATE ROAD TRANSPORT CORPORATIONversusREGIONAL TRANSPORT AUTHORITY AND ORS. ETC.

1998 INSC 337Disposed off

The U.P. State Road Transport Corporation sought permits for routes covered by an exclusive scheme and was told by the Regional Transport Authority that, under Section 58(2)(a) of the Motor Vehicles Act, 1939, the permits had to be renewed every three years. The corporation challenged this, arguing …

RAM NARAIN ARORAversusASHA RANI AND ORS.

1998 INSC 328Dismissed

The landlord filed an eviction petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, claiming a bona‑fide need for the suit premises. The tenant contended that the landlord already possessed an alternate residence at Subzi Mandi, which was concealed, and that the …

MANAGER, PINJRAPOLE DEUDAR AND ANR.versusCHAKRAM MORAJI NAT AND ORS.

1998 INSC 329Dismissed

The Gujarat police seized sheep and goats belonging to C.M. Nat for alleged violations of the Prevention of Cruelty to Animals Act, 1960 and related statutes. A Judicial Magistrate initially ordered that the animals be placed under the custody of the appellant Pinjrapole, but the Additional Sessions …

K.MUTHUSWAMI GOUNDERversusN. PALANIAPPA GOUNDER

1998 INSC 327Dismissed

The dispute involved two competing auction purchasers over a suit property that had been subject to a 1950 security deed (Exhibit A6) executed to raise an attachment before judgment. The trial court held that Exhibit A6 created a charge, granting the appellant a right to redeem the first mortgage …

NATIONAL BUILDING CONSTRUCTION CORPORATIONversusS. RAGHUNATHAN AND ORS.

1998 INSC 325Case Allowed

The respondents, engineers deputed from the Central Public Works Department to the National Building Construction Corporation (NBCC) for projects in Iraq, were paid a foreign allowance of 125% of their basic salary. After the Fourth Pay Commission revised their basic pay, they sought a direction …

SADANANDAN BHADRANversusMADHAVAN SUNIL KUMAR

1998 INSC 326Dismissed

The appellant, Sadanandan Badran, received a Rs 30,000 cheque from the respondent, Madhavan Sunil Kumar, to settle a loan. The cheque was presented twice (January and May 1991) and was dishonoured both times for insufficient funds. After each dishonour the appellant issued a legal notice demanding …

KALA AND ANR.versusMADHO PARSHAD VAIDYA

1998 INSC 323Appeal(s) allowed

The landlord, Madho Parshad Vaidya, sought eviction of tenant Kala Devi under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that she had sublet the shop to Ravinder Kapur. The trial court found no evidence of subletting, holding that Kapur was merely a manager and …

KALA AND ANR.versusMADHO PARSHAD VAIDYA

1998 INSC 324Appeal(s) allowed

The landlord, Madho Parshad Vaidya, filed an eviction petition under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that tenant Kala Devi had sublet her shop to Ravinder Kapur. The trial court found no evidence of subletting and held that the tenant retained …

PATEL VALMIK HIMATLAL AND ORS.versusPATEL MOHANLAL MULJIBHAI (DEAD) THROUGH LRS.

1998 INSC 322Appeal(s) allowed

The landlord sued the tenant for recovery of a shop on the ground that the tenant had sublet the premises without consent. The trial court and the first appellate court found that subletting had occurred and decreed in favour of the landlord. The tenant appealed, and the High Court, exercising …

DR. DURYODHAN SAHU AND ORS.versusJITENDRA KUMAR MISHRA AND ORS.

1998 INSC 318Appeal(s) allowed

The Orissa Public Service Commission advertised a post of Junior Teacher (Lecturer) in Surgical Gastroenterology, requiring an M.S. degree with two years of special training in a Medical Council of India‑recognised institution. Dr. D. Sahu, a qualified surgeon who had acquired such training while …

CANARA BANKversusP.R.N. UPADHYAYA AND ORS.

1998 INSC 319Case Allowed

Canara Bank had advanced three loans to a landlord for constructing strong rooms that the bank later leased. The loans were subject to demand promissory notes stipulating interest rates above the RBI rate, compounded quarterly, and the bank debited interest at the contractual rates with quarterly …

MUNESHWAR (DEAD) BY LRSversusRAJA MOHAMMAD KHAN AND ORS.

1998 INSC 316Case Allowed

Muneshwar (deceased) filed a partition suit under Section 176 of the U.P. Zamindari Abolition Act, which was decreed but never executed, leaving him in possession of the land. The respondents later filed a suit for possession under Section 209, more than six years after the date prescribed in …

BISHUNDEO NARAIN RAI (DEAD) BY LRS.versusANMOL DEVI AND ORS.

1998 INSC 317Case Allowed

The plaintiffs (first purchasers) bought land from the vendors under a registered sale deed dated 30 April 1963 for Rs.15,000, part of which was to be kept in deposit for a mortgage. The vendors later cancelled this deed and executed a second sale deed in favour of other buyers, alleging that the …

STATE OF U.P.versusGIRIJA SHANKAR SONAKIYA

1998 INSC 314Case Allowed

The respondent, G.S. Sonakiya, was appointed as an ad hoc Assistant Engineer in the Uttar Pradesh Public Works Department. During his service he had an adverse entry for 1976-77, his integrity for that year was withheld, and it was discovered that he had altered his High School Certificate to reduce …

PUNJAB NATIONAL BANK AND ORS.versusSH. KUNJ BEHARI MISRA ETC.

1998 INSC 311Dismissed

Punjab National Bank (PNB) initiated disciplinary proceedings against two assistant managers, Misra and Goel, after a Rs 1 lakh shortage was discovered in a currency chest. An inquiry officer found Misra guilty of only one charge and exonerated Goel of all charges, but the bank's disciplinary …

PANCHHI AND ORS. ETC.versusSTATE OF U.P.

1998 INSC 312Disposed off

The appellants, members of a family that had a long-standing feud with their neighbours, entered the victims' house on 26 October 1989 and murdered four persons, including a five‑year‑old child, using weapons such as kulhari and hansia. The trial court and the Allahabad High Court convicted them …

AKKANISSERY GOVINDAN NAMBIARversusKARIYATH RAGHAVAN

1998 INSC 315Case Allowed

The landlord sought eviction of a long‑term tenant under the Kerala Buildings (Lease & Rent Control) Act, 1965, claiming a bonafide need for his son to start a grocery business in the premises. After the initial dismissal, the landlord obtained vacant possession of an adjacent building and the …

M/S. MAHALUXMI RICE MILLS AND ORS.versusSTATE OF U.P. AND ORS.

1998 INSC 313Dismissed

The appellants, rice millers, were required under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985 to sell rice to the State Government. The Market Committee demanded that the millers pay a market fee under Section 17(iii)(b)(3) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964. The …

RAM PRASAD RAJAKversusNANO KUMAR AND BROS. AND ANR.

1998 INSC 310Case Allowed

The landlord (appellant) filed an eviction suit under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 on the ground of bona‑fide personal requirement. The trial court dismissed the suit; the landlord appealed and obtained a decree for eviction, which the tenants (respondents) …

SMT. SATYA GUPTA@MADHU GUPTAversusBRIJESH KUMAR

1998 INSC 309Case Allowed

The plaintiff, Satya Gupta, sued for partition of a house that had been purchased by her late husband Battu Mal in the joint names of himself and the plaintiff, alleging that half of the property belonged to her. The trial court held that the plaintiff had not shown how the claim arose but …

FOOD CORPORATLON OF INDIAversusOM PRAKASH SHARMA AND ORS.

1998 INSC 308Dismissed

The Food Corporation of India (FCI) amended its Staff Regulations in 1976 and 1977 (30th and 43rd Amendments) to require three years of service for graduates and five years for non‑graduates for promotion to Assistant Grade‑I and II posts. Non‑graduate employees filed writ petitions in several High …

SRI BABU RAM @ DURGA PRASADversusSRI INDRA PAL SINGH (DEAD) BY LRS.

1998 INSC 306Dismissed

The plaintiff, an undischarged insolvent, entered into a joint application with the creditor to sell his land for the debt amount, with a clause allowing repurchase within five years. After the sale deed was executed by the Official Receiver, the plaintiff was adjudicated insolvent, but later …

UNION OF INDIA AND ORS.versusS.N. DUBEY AND ORS

1998 INSC 305Case Allowed

The respondent, S.N. Dubey, a non‑State Civil Service officer appointed to the Indian Administrative Service in 1981, was assigned the year 1977 as his "year of allotment" for seniority purposes under the proviso to Rule 3(3)(c) of the IAS (Regulation of Seniority) Rules, 1954. He challenged this …

UNION OF INDIA ETCversusTARA CHAND SHARMA AND ORS. ETC.

1998 INSC 307Appeal(s) allowed

For the 1981 Census, posts of Computors were created and respondents 5‑37 were appointed ad hoc to those posts. After the census, the posts continued and the Registrar General, after consulting the Department of Personnel and Training, regularised the appointments on 12 March 1991, stating that …

COMMISSIONER OF INCOME TAX, TAMIL NADU II, MADRASversusMADRAS AUTO SERVICE (P) LTD.

1998 INSC 302Dismissed

Madras Auto Service (P) Ltd. obtained a 39‑year lease on premises and, under the lease terms, demolished the existing structure and constructed a new building at its own cost, which legally belonged to the lessor. The company claimed the construction costs (Rs 1,62,835 and Rs 50,937) as deductible …

STATE OF RAJASTHANversusRAM BHAROSI AND ORS.

1998 INSC 303Case Allowed

The State of Rajasthan appealed the Rajasthan High Court’s judgment that acquitted five accused of murder (Sec. 302 IPC) on the ground of private defence and convicted them only under lesser offences. The incident involved a dispute over agricultural land where the accused were found ploughing the …

STATE OF M.P.versusINDORE IRON AND STEEL MILLS PVT. LTD.

1998 INSC 304Case Allowed

The State of Madhya Pradesh issued a 1978 notification exempting purchase tax on iron and steel provided the goods had "suffered" entry tax under the State Entry Tax Act before purchase. A 1977 notification later exempted new industries, like Indore Iron and Steel Mills, from paying entry tax. The …

P.R. DESHPANDEversusMARUTI BALARAM HAIBATTI

1998 INSC 298Dismissed

The tenant, P.R. Deshpande, filed a revision petition under Section 50 of the Karnataka Rent Control Act, 1961, but failed to deposit the arrears of rent required by Section 29(1) at the time of filing. The Karnataka High Court dismissed the revision petition for this deficiency, gave the tenant six …

STATE OF A.P. ETC.versusTHAKKIDIRAM REDDY AND ORS. ETC.

1998 INSC 300Dismissed

The State of Andhra Pradesh prosecuted twenty‑one accused for a night‑time raid on the house of Gankidi Mohan Reddy that resulted in his murder. The trial court convicted eleven of them under Sections 148, 302 read with 149 IPC and related offences; the High Court set aside the convictions of six …

SONIC ELECTROCHEM AND ANR.versusSALES TAX OFFICER AND ORS.

1998 INSC 301Dismissed

Sonic Electrochem, the manufacturer of JET‑MAT, challenged the classification of its product as a "mosquito repellent" under Entry 129 of Schedule II Part A of the Gujarat Sales Tax Act, 1969, arguing that the product is an insecticide and should enjoy the partial exemption provided under Entry 98. …

A.P.S.R.T.C ETC. ETCversusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

1998 INSC 299Appeal(s) allowed

The Supreme Court examined the interpretation of Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles Rules, 1989 in the context of a scheme notified under Section 100(3) of the Motor Vehicles Act, 1985. Bus operators sought town‑service permits for routes extending beyond 8 km from municipal …

MEGHRAJ URKUDAJI TEMPLEversusSTATE OF MAHARASHTRA

1998 INSC 296Dismissed

The appellant, an Executive Engineer who turned 50 in May 1985, was not reviewed under the 1983 circular that required performance review before age 50. Instead, his case was reviewed in June 1987 under a later 1986 circular that raised the performance standard to "not below good" and ordered his …

STATE OF ORISSA AND ORS.versusSTEEL AUTHORITY OF INDIA AND ANR

1998 INSC 297Appeal(s) allowed

The State of Orissa leased 569.6 acres to the Steel Authority of India for extracting limestone and dolomite, with an agreement that royalty be paid on the minerals extracted. The Authority processed the run‑of‑mine material to remove waste before weighing the product, and argued that royalty should …

UNION OF INDIA AND ANR.versusS.P. ANAND AND ORS.

1998 INSC 294Case Allowed

The Union of India appealed against a Madhya Pradesh High Court order that issued notice in a writ petition seeking to direct the Chief Justice of India to appoint Indore as a seat for the Supreme Court. The Supreme Court examined whether the writ petition raised any arguable or triable issue under …

UNION OF INDIAversusM. SURYANARAYANA RAO

1998 INSC 295Case Allowed

The senior employee, M. Suryanarayana Rao, claimed that his pay should be stepped up to match that of his junior who had been given an ad‑hoc promotion on a long‑term basis within a different circle, resulting in the junior drawing a higher salary. The Central Administrative Tribunal allowed the …

MUNICIPAL COUNCIL, KHURAIversusKRISHI UPAJ MANDI SAMITI, KHURAI AND ORS.

1998 INSC 292Dismissed

The Municipal Council of Khurai received a 7‑acre parcel of land (Khasra No. 412/2) as a gift in 1912 to establish a grain market. The Council later transferred the land to the Krishi Upaj Mandi Samiti (Market Committee) under the Madhya Pradesh Agricultural Produce Markets Act, 1960, and claimed …