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Judgments of 1998

491 judgments · newest first · showing 201–400

ARVINDER VIR SINGHversusSTATE OF PUNJAB AND ANR

1998 INSC 287Case Partly allowed

The case arose from a criminal proceeding for the abduction and murder of an advocate and his family. The CBI, after a Supreme Court direction, filed a charge‑sheet against the appellant SI Avindervir Singh and three other police officers for offences under Sections 193, 194, 211 and 218 IPC, …

BRIJ BHUSHANversusKEWAL KUMAR

1998 INSC 288Dismissed

The tenant, Brij Bhushan, applied to the Rent Controller under Section 6A of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to deposit rent because the landlord, Kewal Kumar, refused to accept rent and give a receipt. The tenant deposited Rs. 7,500 covering rent from 12‑Feb‑1987 to …

REVENUE DIVISIONAL OFFICER AND ORS.versusA. ARUNA AND ORS.

1998 INSC 290Dismissed

The appellants, authorities under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, sought eviction of respondents from plot No. 9. The Special Court held that although the appellants had title, the respondents were in adverse possession and denied relief. The appellants filed a review under …

V. RADHAKRISHNANversusS.N. LOGANATHA MUDALIAR

1998 INSC 289Dismissed

The tenant, V. Radhakrishnan, occupied a non‑residential building owned by S.N. Loganatha Mudaliar, who filed an eviction petition on the grounds of alleged rent default and a bonafide personal requirement to set up his son’s business. The Rent Controller dismissed the petition, finding no default …

STATE THROUGH CBIversusRAJ KUMAR JAIN

1998 INSC 281Case Allowed

The Central Bureau of Investigation (CBI) registered a case under the Prevention of Corruption Act against Raj Kumar Jain, a junior engineer, but after investigation found no prima facie case and submitted a report under Section 173(2) of the CrPC seeking closure. The Special Judge refused to accept …

KALICHARAN MAHAPATRAversusSTATE OF ORISSA

1998 INSC 282Dismissed

Kalicharan Mahapatra, a retired IPS officer, was charged under Sections 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988 for possession of cash and jewellery discovered during a raid. He argued that, having retired before the charge‑sheet was filed, he could not be prosecuted because the …

POLYCHEM LTD. AND ANOTHERversusSTATE OF MAHRASHTRA AND OTHER

1998 INSC 284Appeal(s) allowed

Polychem Ltd., a manufacturer of alcoholic beverages, paid supervision charges in advance each quarter as required by Section 58-A of the Bombay Prohibition Act, 1949. After the government raised the wages and dearness allowance of its supervising staff retrospectively, it demanded a differential …

RAVINDRA @ RAVI BANSI GOHAR.versusSTATE OF MAHARASHTRA AND ORS.

1998 INSC 285Appeal(s) allowed

The case arose from a bomb attack on a police lock‑up in Mumbai where a detainee was killed. Police constable PW‑2 identified two accused, Vijay and Keshya, as miscreants, but his statement did not contain their surnames. The FIR later listed full names, and the accused were arrested, photographed …

UNION OF INDIA AND ORS.versusN.Y. APTE AND ORS

1998 INSC 286Case Allowed

The case concerned the validity of amendments to the Indian Meteorological Service (Group A) Recruitment Rules of 1978 and 1983, which broadened the field of consideration for promotion to the post of Meteorological Grade‑I (MG‑I) by equating service experience across different grades (MG‑II and …

TRUSTEES OF SAHEBZADI OALIA KULSUM TRUSTversusCONTROLLER OF ESTATE DUTY, A.P.

1998 INSC 280Appeal(s) allowed

The Nizam of Hyderabad, Sir Mir Osman Ali Khan, executed two deeds of trust in 1953 creating wakf‑al‑aulad for his granddaughter Oalia Kulsum and his daughter‑in‑law Anwar Begum, with benefits flowing to their descendants and ultimately to a holy shrine. After his death in 1967, the estate duty …

RE BHAVANI RIVER-SAKTHI SUGARS LTD.versusRE BHAVANI RIVER-SAKTHI SUGARS LTD.

1998 INSC 276Dismissed

The Supreme Court examined a writ petition concerning the discharge of objectionable effluents from Sakthi Sugars Ltd.'s distillery into the Bhavani River, which had become a health and environmental hazard. The High Court had dismissed the petition solely on the consent of the Tamil Nadu Pollution …

UNION OF INDIA AND ORS.versusDINANATH SHANTARAM KAREKAR AND ORS.

1998 INSC 277Dismissed

The original respondent, Dinanath Shantaram Karekar, a government employee, was removed from service after a departmental enquiry. The charge‑sheet was sent to him by registered post but was returned with the endorsement "not found". A show‑cause notice was published in a local newspaper without any …

STATE OF U.P.versusSHATRUGHAN LAL AND ANR.

1998 INSC 278Dismissed

The respondent, a Lekhpal in the Uttar Pradesh government, was dismissed after a departmental enquiry. He challenged the dismissal before the State Public Services Tribunal, which set aside the dismissal on the ground that copies of documents listed in the charge‑sheet and statements of witnesses …

DURGA OIL COMPANYversusSTATE OF U.P. AND ORS.

1998 INSC 275Dismissed

Durga Oil Co., a dealer licensed under Form XI of the Petroleum Rules, stored high‑speed diesel (Petroleum Class B) in an underground tank exceeding 1,000 litres and dispensed it through a pump. The District Supply Officer ordered the company to cease using the tank, and the Allahabad High Court …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 274Directions issued

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the …

STATE OF KARNATAKA AND ORS.versusKEMPAIAH

1998 INSC 273Dismissed

The State of Karnataka appealed against the High Court’s order allowing a writ petition filed by IPS officer Kempaiah, who challenged a preliminary inquiry by the Upalokayukta into allegations of amassing wealth. The Supreme Court examined whether the term "action" in Section 2(1) of the Karnataka …

KAVITAversusSTATE OF TAMIL NADU

1998 INSC 272Appeal(s) allowed

Kavita was accused of throwing her two children into a well and then jumping in, after which she allegedly made an extra‑judicial confession to three villagers that she could no longer endure her husband's torture. The trial court and the Madras High Court convicted her of murder (Sec. 302 IPC) and …

HARI RAM GUPTA (DEAD) THROUGH L.R. KASTURI DEVIversusSTATE OF UTTAR PRADESH

1998 INSC 267Dismissed

Hari Ram Gupta retired in 1980, before the Uttar Pradesh Palika (Centralised) Service Retirement Benefits Rules, 1981 came into force. He filed a writ petition seeking a pension under the 1981 Rules, contending that Rule 3(2) and (3) gave the Rules retrospective effect and that the phrase "finally …

GHASI RAM AND ORS.versusCHAIT RAM SAINI AND ORS.

1998 INSC 268Case Allowed

Ghasi Ram and others filed a suit under Order 21 Rule 103 CPC to claim possession of land after their objection to an execution order was rejected. Instead of filing the suit, they pursued a civil revision before the High Court, which was entertained and later dismissed. The subsequent suit was …

ROAD TRANSPORT COMPANYversusBHAN SINGH AND ANR.

1998 INSC 269Dismissed

Road Transport Company owned a passenger bus that met with an accident due to the driver’s negligence, killing 35 passengers. Nine claims were filed; the Tribunal awarded compensation but limited the insurer’s contribution to Rs 5,000 per passenger and Rs 75,000 in total, as per Section 95(2)(b)(ii) …

BAJAJ AUTO LTD.versusCOMPANY LAW BOARD AND ORS.

1998 INSC 270Appeal(s) allowed

Bajaj Auto Ltd. and its subsidiary purchased 13,200 shares in Bajaj Tempo Ltd., a listed public company. The Board of Directors of Bajaj Tempo refused to register the transfer, citing four reasons: potential inter‑connection, lack of bona‑fide investment, competition, and the transferees being …

KARIMABEN K. BAGADversusSTATE OF GUJARAT AND ORS.

1998 INSC 271Case Allowed

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s …

O.R.G. SYSTEMS BARODAversusCOLLECTOR OF CENTRAL EXCISE, VADODRA

1998 INSC 264Appeal(s) allowed

O.R.G. Systems (appellant) supplied raw materials, specifications and designs to other firms which manufactured complete computers with etched‑in software and sold them to O.R.G. Systems. The computers, along with imported peripheral devices and systems software, were cleared by the manufacturers …

C. RANGASWAMAIAH AND ORS.versusKARNATAKA LOKAYUKTA AND ORS.

1998 INSC 266Dismissed

The Karnataka State Government deputed police officers to the Lokayukta and created the post of Director General of Police, Lokayukta by administrative order without amending the recruitment rules. Petitioners, who were under investigation, challenged the validity of investigations conducted by …

P. VENKATARAMA REDDYversusCONTROLLER OF ESTATE DUTY

1998 INSC 263Dismissed

The appellant, P. Venkatarama Reddy, had assigned three life‑insurance policies to his grandchildren during his lifetime but retained possession, continued to pay premiums and loans on them. The revenue treated the policies as part of the deceased’s general estate for estate‑duty purposes, while the …

B.V. SIVAIAH AND ORS.versusK. ADDANKI BABU AND ORS.

1998 INSC 262Dismissed

The Supreme Court examined the meaning of the "seniority‑cum‑merit" criterion prescribed in the Regional Rural Banks (Appointment & Promotion of Officers and Other Employees) Rules, 1988 and applied it to promotions of officers to Area/Senior Manager posts in several banks. It held that …

UNION OF INDIAversusM/S. MUSTAFA AND NAJIBAI TRADING CO. AND ORS.

1998 INSC 260Case Allowed

The Union of India appealed against the Bombay High Court's order that set aside the customs collector's confiscation of prohibited goods and the vessel MANSC0‑3 under Sections 111(d), 111(f) and 115(2) of the Customs Act, 1962. The High Court had held that the vessel's arrival time for the 24‑hour …

MEDICAL COUNCIL OF INDIAversusSTATE OF KARNATAKA AND ORS. ETC.

1998 INSC 257Disposed off

The Supreme Court examined whether the State of Karnataka and its universities could increase the admission capacity of medical colleges despite the provisions of Sections I0A, I0B and I0C of the Indian Medical Council Act, 1956 (as amended in 1993). The Court held that the Medical Council of India, …

OM PRAKASH AND ORS.versusSTATE OF U.P. AND OTHERS

1998 INSC 256Dismissed

The appellants, owners of lands in village Chhalera Banger, challenged the Uttar Pradesh government's notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, which invoked Section 17(4) to dispense with the mandatory Section 5‑A inquiry on the ground of urgency for planned industrial …

RAGHUBIR SINGH AND ORS.versusGULAB SINGH AND ORS.

1998 INSC 250Appeal(s) allowed

Manraj Singh executed a will in 1946 leaving his entire property to his grandson Raghuvir Singh, but reserving "full control and ownership" of the property for himself and his wife Janak Dulari during their lifetimes. After Manraj's death Janak Dulari possessed the land; a compromise decree in 1947 …

SMT. LAKHIYA DEVI ETC.versusGIRJA YADAV AND ORS. ETC.

1998 INSC 252Disposed off

The case concerned the murder of Chander Yadav, who was chased by a large group, forced into a small room, assaulted, and his body dragged away. The trial court convicted the accused under sections 326 and 325 read with 149 IPC, sentencing them to eight years, while the High Court set aside those …

INDIAN OIL CORPORATION LTD.versusTHE CHIEF INSPECTOR OF FACTORIES AND ORS. ETC.

1998 INSC 253Appeal(s) allowed

Indian Oil Corporation Ltd., a government‑owned company, applied for a factory licence for its Namkum storage unit. The Chief Inspector of Factories refused, deeming the depot manager not an occupier because, under clause (ii) of the first proviso to Section 2(n) of the Factories Act, only a …

M/S. NORTHERN PLASTIC LTD. ETC.versusCOLLECTOR OF CUSTOMS AND CENTRAL EXCISE ETC.

1998 INSC 254Appeal(s) allowed

Northern Plastic Ltd. imported 59 jumbo rolls of unexposed photographic colour films, describing them in the Bill of Entry as "Cinematographic Colour Films (Unexposed) Positive" and claimed customs and counter‑vailing duty exemptions under an Open General Licence. Customs authorities held the …

BAKELITE HYLAM LTD. ETC .versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1998 INSC 255Case Partly allowed

Bakelite Hylam Ltd., a manufacturer of laminated sheets made from paper, cotton fabric and glass fabric (known as Prepeg‑P, Prepeg‑F and Prepeg‑G), challenged the classification of its products under the Central Excise Tariff. The Tribunal had placed Prepeg‑F under Item 19(III), Prepeg‑P under Item …

BRIJLALA PD. SINHA ETC .versusSTATE OF BIHAR

1998 INSC 249Disposed off

The case involved six police officers who were convicted under Sections 302 and 34 of the IPC for the killing of three civilians in a purported police encounter. The prosecution relied solely on circumstantial evidence, chiefly the testimony of two constables (PW 7 and PW 8), forensic reports and …

MRS VENMATHI SELVAMversusSTATE OF TAMIL NADU AND ANR.

1998 INSC 248Case Allowed

The appellant's husband was detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 on 23 August 1997. He filed a representation seeking release on 7 October 1997, which the …

STATE OF MADHYA PRADESH AND ANR.versusDHARAM BIR

1998 INSC 247Appeal(s) allowed

The State of Madhya Pradesh appointed Dharm Bir as Principal of an Industrial Training Institute on an ad‑hoc basis, but the 1985 Madhya Pradesh Industrial (Gazetted) Service Recruitment Rules required a degree or diploma in Engineering for that post. When the Rules were promulgated, a promotion …

S.M.F. SULTAN ABDUL KADERversusJT. SECY., TO GOVT. OF INDIA AND ORS.

1998 INSC 246Case Allowed

The petitioner filed a writ petition under Article 32 challenging a detention order issued under Section 3(1) of the COFEPOSA Act, 1974. The order was dated 14 March 1996 but the petitioner was not detained until 7 August 1997, a delay of about 17 months. The petitioner argued that the delay in …

GANESH SHETversusDR. C.S.G.K. SETTY AND ORS.

1998 INSC 244Dismissed

The appellant filed a suit for specific performance of an alleged sale agreement of a Shimoga property, claiming the contract was concluded on 25‑January‑1984 in Delhi. The defendants denied any concluded contract, stating that price and terms were never fixed and that no agreement was reached on …

KANNAN AND ANR.versusTAMIL TALIR KALVI KAZHAGAM

1998 INSC 245Appeal(s) allowed

The appellants, tenants of premises owned by Tamil Thalir Kalvi Kazhagam, faced an internal dispute between two claimants to the landlord's title after a change of president. Fearing liability, they applied under Section 9(3) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969, to …

THE COMMISSIONER OF INCOME TAX, MADHYA PRADESH, BHOPALversusH.H. MAHARANI USHA DEVI

1998 INSC 241Dismissed

The ex‑Ruler of the former Holkar State sold two pieces of heirloom jewellery in the assessment year 1972‑73 and claimed that the proceeds were not taxable because the jewellery were "personal effects" within the meaning of Section 2(14) of the Income‑Tax Act, 1961. The Tribunal rejected this …

STATE OF A.P. AND ORS.versusK. MOHANLAL AND ANR.

1998 INSC 242Appeal(s) allowed

The State of Andhra Pradesh enacted the Land Grabbing (Prohibition) Act, 1982 which creates a Special Court consisting of a Chairman (a High Court judge) and four other members (two former District Judges and two former District Collectors). Section 7 of the Act allows the Government to appoint all …

UMESH VERMAversusJAI DEVI BHANDARI AND ANR.

1998 INSC 243Case Allowed

The appellant, a Central Government employee about to retire, filed an eviction petition under Sections 14(1)(e) and 14C of the Delhi Rent Control Act, 1958, seeking possession of premises he had let out for his own residence. He named both respondents – a wife and her husband – as parties, alleging …

R.C. SOODversusHIGH COURT OF JUDICATURE AT RAJASTHAN

1998 INSC 232Case Allowed

The petitioner, a member of the Rajasthan Higher Judicial Service, was suspended and subjected to a departmental enquiry by the High Court on allegations of administrative irregularities. The petitioner challenged the initiation of the enquiry, arguing that a prior order by the Chief Justice had …

GRID CORPORATION OF ORISSA LIMITEDversusINDIAN CHARGE CHROME LIMITED

1998 INSC 237Appeal(s) allowed

GRID Corporation of Orissa Ltd. (GRIDCO) succeeded the Orissa State Electricity Board and sued Indian Charge Chrome Ltd. (ICCL) for non‑payment of electricity bills arising from ICCL's captive power plant supplying power to the board. Multiple proceedings were instituted: a reference before the …

HARSHAD SHANTILAL MEHTAversusCUSTODIAN AND OTHERS

1998 INSC 233Disposed off

The Supreme Court examined the interpretation of Section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, which governs the discharge of liabilities and distribution of attached property of notified persons such as Harshad Mehta. It held that only taxes …

UNION OF INDIA AND OTHERSversusASHOKE KUMAR BANERJEE

1998 INSC 238Case Allowed

The respondent, Ashoke Kumar Banerjee, was a Junior Engineer in the CPWD. After completing 15 years of service, he was granted the Assistant Engineer pay scale on a personal basis under an Office Memorandum and his pay was fixed using FR 22(1)(a)(i). Later, when he was functionally promoted to …

MEGHRAJ URKUDAJI TEMPLEversusTHE STATE OF MAHARASHTRA

1998 INSC 239

The appellant, a civil servant, challenged a compulsory retirement notice dated 23 January 1989 issued under Rule 10(4)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982, arguing that the review procedure prescribed in the Government circular of 1 September 1983 was not completed before …

NAR BAHADUR BHANDARI AND ANR.versusSTATE OF SIKKIM AND OTHERS

1998 INSC 240Dismissed

The Chief Minister of Sikkim and an IAS officer were charged under the Prevention of Corruption Act, 1947 for offences alleged in 1984. After the 1947 Act was repealed and replaced by the Prevention of Corruption Act, 1988, a Special Judge appointed under the 1988 Act tried the case, but later held …

DIRECTOR OF EDUCATION (SECONDARY) AND ANR.versusPUSHPENDRA KUMAR AND OTHERS

1998 INSC 234Appeal(s) allowed

The case concerned dependents of teaching and non‑teaching staff of non‑government aided schools in Uttar Pradesh who, after the death of the employee, applied for compassionate appointment under the U.P. Intermediate Education Act, 1921. The District Inspector appointed them to Class IV posts, but …

VISHAL JEETversusUNION OF INDIA AND ORS.

1998 INSC 236Dismissed

Vishal Jeet, claiming to be an advocate, filed a fresh contempt petition (CRL No. D4I06 of 1998) against the Union of India and others, alleging that he had been denied membership of the Central Advisory Committee. An earlier contempt petition (No. 1/1994) on the same grievance had been dismissed by …

MOHAN AND OTHERSversusSTATE OF TAMIL NADU

1998 INSC 228Case Partly allowed

The appellants conspired to kidnap a ten‑year‑old boy and demand a ransom of Rs 5 lakhs. After abducting the child, Mohan and Gopi administered poison, tied the boy’s limbs and neck, and strangled him, later disposing of the body in a TV box placed in a well. All four accused – Mohan, Gopi, Muthu …

C.B.S.E. AND ANRversusP. SUNIL KUMAR AND ORS. ETC.

1998 INSC 229Appeal(s) allowed

Students from non‑affiliated schools in Kerala were denied permission to sit for the Central Board of Secondary Education (CBSE) examinations. The Kerala High Court, first by a single judge and then by a division bench, issued interim orders allowing the students to appear and later directed that …

INDIAN RAYON INDUSTRIES ETC.versusCOLLECTOR OF CENTRAL EXCISE, JAIPUR

1998 INSC 230Appeal(s) allowed

The appellants, manufacturers of rapid‑hardening white cement, challenged the classification of their product under the Central Excise Tariff. They argued that the cement should be placed in Entry 23(i) of the Central Excises & Salt Act (and later Sub‑heading 2502.20) as rapid‑hardening cement, …

M.C.MEHTAversusUNION OF INDIA & ORS

1998 INSC 227Directions issued

In M.C. Mehta v. Union of India & Ors., the Supreme Court examined the State's failure to implement its earlier directions aimed at curbing chaotic traffic and vehicular pollution in Delhi, which affect the right to life under Article 21 and the State's duties under Articles 47, 48A and 144 of the …

DAVLNDER BHATIA AND ORS. ETC.versusUNION OF INDIA AND ORS.

1998 INSC 231Dismissed

The appellants, who had been working as Junior Commercial Clerks, were appointed on an ad‑hoc basis as Enquiry‑cum‑Reservation Clerks between 1978 and 1982 after the Railway Board changed its policy to fill the post by selection, favouring women candidates. When the railway later regularised the …

KRISHNA KUMAR SINGH AND ANR.versusSTATE OF BIHAR

1998 INSC 222Directions issued

In 1989 the Governor of Bihar promulgated Ordinance 32 to take over 429 private Sanskrit schools, vesting their assets in the State and converting the teachers into government servants. The Ordinance was repeatedly re‑promulgated until 1992 without ever being placed before the legislature. The …

INDIAN BANKversusTHE OFFICIAL LIQUIDATOR, CHEMMEENS EXPORTS (P) LTD. AND ORS.

1998 INSC 223Case Allowed

Indian Bank advanced money to Chemmeens Exports Pvt. Ltd. secured by an equitable mortgage and, after the company was wound up, obtained leave to sue the company in liquidation. A preliminary decree was passed ordering the company to pay the debt by a specified date, failing which the bank could …

DR. ANURADHA BODI AND ORS. ETC. ETC.versusMUNICIPAL CORPORATION OF DELHI AND ORS .

1998 INSC 224Dismissed

Petitioners were appointed as General Duty Medical Officer Grade II by the Delhi Municipal Corporation between 1982 and 1985 on a purely ad‑hoc, stop‑gap basis, with explicit terms that the posts would be regularised only after passing the UPSC examination. After appearing before UPSC, they were …

SAMBASIVAN AND ORS.versusSTATE OF KERALA

1998 INSC 225Dismissed

On 21 April 1983, members of a rival trade union threw bombs at an industrial estate in Kerala, killing Nanukuttan and injuring several others. The trial court acquitted all twenty‑two accused, but the State appealed against the acquittal of three accused (A‑1 to A‑3). The Kerala High Court, on …

M/S. AQUEOUS VICTUALS PVT. LTD.versusSTATE OF U.P. AND. ORS.

1998 INSC 226Appeal(s) allowed

Mis Aqueous Victuals Pvt. Ltd. bottled soft drinks and sold them through wholesalers in four Uttar Pradesh municipalities. The municipalities levied octroi on the gross weight of the beverages plus the weight of the glass bottles, even though the empty bottles were returned to the company for …

THE COMMISSIONER OF INCOME TAX, DELHIversusM/S HINDUSTAN TIMES LTD. NEW DELHI

1998 INSC 220Dismissed

Hindustan Times Ltd purchased a residential building and later demolished it to erect a multi‑storeyed commercial building. The company paid Rs 36,96,516 as an additional premium for the commercial use of the extra built‑up area and added this amount to the cost of the new building, claiming …

STATE OF BIHARversusKAMLA PRASAD SINGH AND ORS.

1998 INSC 221Case Allowed

Kamla Prasad Singh filed a complaint alleging that police officers raided his house without a warrant, assaulted his wife, abused occupants and seized his property. The Chief Judicial Magistrate, after an inquiry under Section 202 of the CrPC, found that the raid was conducted under a valid warrant …

REAL VALUE APPLIANCES LTD. ETC.versusCANARA BANK AND ORS. ETC.

1998 INSC 216Appeal(s) allowed

Real Value Appliances Ltd. faced a winding‑up petition and a suit for recovery of money filed by Canara Bank and Union Bank. The Bombay High Court appointed a provisional liquidator and later, in a separate proceeding, a receiver, holding that the mere registration of a reference under s.15 of the …

INDIAN BANKversusMAHARASHTRA STATE CO-OPERATIVE MARKETING FEDERATION LTD.

1998 INSC 217Appeal(s) allowed

Indian Bank filed a summary suit under Order 37 of the CPC against Maharashtra State Co‑operative Marketing Federation Ltd for recovery under a Letter of Credit. The Federation had earlier instituted a regular suit against the Bank and sought a stay of the summary suit invoking Section 10 of the …

GURMESH PRAKASH BISHNOIversusSTATE OF HARYANA AND ORS.

1998 INSC 218Case Allowed

Gurmush Prakash Bishnoj was appointed a member of the Haryana Public Service Commission (HPSC) on 4 March 1980 and served until 28 August 1984, after which he became Chairman of the HPSC until 27 August 1990. He received a pension of Rs.1,800 per month for his service as Chairman and claimed an …

MOHD. ZAHIDversusTHE GOVT. OF NCT OF DELHI

1998 INSC 219Case Allowed

Mohd. Zahid was arrested by ISBT police on 8 March 1990 and charged under TADA for possessing three country‑made pistols and twelve cartridges. He contended that he had actually been detained on 6 March 1990, that no weapons were seized, and his father filed a complaint with the magistrate. The …

JASWANT RAI AND ANR.versusCENTRAL BOARD OF DIRECT TAXES AND REVENUE AND ORS.

1998 INSC 214Appeal(s) allowed

The appellants, a firm, voluntarily disclosed undisclosed income for the years 1958-65 before any tax authority detection and filed a statement of affairs. The Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Income Tax Act, imposing a penalty of Rs. 4,90,365, which was …

STATE OF RAJASTHANversusSANJAY KUMAR AND ORS.

1998 INSC 213Case Allowed

The State of Rajasthan filed a complaint under sections 27(d) and 27(b)(i) of the Drugs and Cosmetics Act, 1940 alleging that sub‑standard drugs were being sold. Samples were collected on 29‑Feb‑1988, but the Government Analyst’s report confirming the drugs were not of standard quality was received …

STATE OF HARYANAversusBRIJ LAL MITTAL AND ORS.

1998 INSC 211Dismissed

The State of Haryana filed a complaint alleging that two batches of sodium chloride injections purchased by a district inspector were adulterated, as reported by the Government Analyst under the Drugs and Cosmetics Act. The manufacturers, Mis Mittal Pharmaceutical Pvt. Ltd., were served with the …

M/S LABHA RAM AND SONS AND ORS. ETC.versusSTATE OF PUNJAB AND ORS.

1998 INSC 210Dismissed

The appellants, food‑grain dealers who had operated for over fifty years in the old market areas of Ferozepur district, were required to shift to newly created Mandi complexes after the Punjab Government decided to auction stalls there without granting any concession to existing traders. They …

S.G.P. COMMITTEEversusM.P. DASS CHELA (DEAD) BY LRS.

1998 INSC 212Dismissed

The Supreme Court examined an appeal by the Shiromani Gurudwara Prabandhak Committee challenging a High Court decision that had been referred to a third judge on a difference of opinion. The Court held that, under the Letters Patent governing the Punjab & Haryana High Court, a third judge may be …

DATTATRAYA MARUTI BAWALEKAR AND ORS.versusPANDURANG DAGADU PARTE

1998 INSC 208Dismissed

The appellants were elected as independent councillors to the Mahabaleshwar Devasthan Municipal Council in December 1996. Shortly after the election they formed a front called Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi and nominated a candidate for the council's president, issuing a …

COMPETENT AUTHORITY, AHMEDABAD ETC.versusAMRITLAL CHANDMAL JAIN AND ORS. ETC.

1998 INSC 205Dismissed

The Competent Authority initiated forfeiture proceedings under SAFEMA against Amritlal Chandmal Jain, whose detention under COFEPOSA had earlier been challenged by several writs of habeas corpus. Although the High Court had quashed the detention order and the SAFEMA proceedings, the Competent …

K. CHANDRASEKHAR ETC.versusTHE STATE OF KERALA AND ORS.

1998 INSC 209Appeal(s) allowed

The Kerala Government, after initially consenting to CBI investigation of espionage cases under Section 6 of the Delhi Special Police Establishment Act, later withdrew that consent to allow State Police to conduct a "further investigation". The Supreme Court held that once the CBI, acting on the …

SH. VIJAY KUMAR AND ORS.versusUNION OF INDIA ORS.

1998 INSC 206Dismissed

The Central Government, under Section 2(a)(xi) of the Essential Commodities Act, 1955, issued a 1983 notification declaring various seeds as essential commodities and issued the Seeds (Control) Order, 1983. Earlier, a Division Bench of this Court upheld the validity of that notification and order in …

SECRETARY-CUM-CHIEF ENGINEER, CHANDIGARHversusHARI OM SHARMA AND ORS.

1998 INSC 207Dismissed

The case concerned the promotion of Har! Om Sharma, a senior non‑diploma line‑man, to the post of Junior Engineer‑I in 1990. Although promotion quotas were fixed for three feeder cadres, the department used an integrated seniority list, ignoring the quota for non‑diploma holders. Sharma was placed …

SHAIKH UMAR AHMED SHAIKH AND ANR.versusSTATE OF MAHARASHTRA

1998 INSC 202Appeal(s) allowed

The appellants were convicted under TADA and the IPC for the murder of a police constable during the 1992 Bombay riots, based primarily on the in‑court identification by two constable witnesses. The trial court had rejected the identification parade evidence, finding a strong possibility that the …

MOHD. HADI RAJA ETC.versusSTATE OF BIHAR AND ANR.

1998 INSC 203Disposed off

The Supreme Court examined whether officers of public sector undertakings and government companies, which may be deemed "State" under Article 12 because of deep governmental control, fall within the definition of "public servant" for the purposes of Section 197 of the Criminal Procedure Code (CrPC). …

UNION OF INDIA AND OTHERSversusK.G. RADHAKRISHNA PANICKER AND OTHERS

1998 INSC 200Disposed off

The case concerned Project Casual Labour employees of the Southern Railway who were later absorbed into regular posts and sought to have their service rendered before 1 January 1981 counted as qualifying service for pension and other retiral benefits. The Railway Board’s 1980 order allowed half of …

ANAND PRAKASH MALIKversusBHAGWANDAS

1998 INSC 204Case Allowed

The landlord filed a civil suit under the general law to evict the tenant from a shop that was constructed in December 1968. The landlord relied on a 1971 Government Notification exempting buildings constructed in 1968‑1970 from the East Punjab Urban Rent Restriction Act for five years, arguing that …

ASHOK KUMAR SRIVASTAVversusNATIONAL INSURANCE COMPANY LTD. AND ORS.

1998 INSC 199Dismissed

A.K. Srivastav was appointed as a probationary Inspector with National Insurance Company Ltd. on conditions that he achieve a premium target within twelve months, failing which his service could be terminated without notice. After failing to meet the target, the company served a notice of …

SURENDRA NARAIN SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

1998 INSC 197Dismissed

The case concerned the inter‑se seniority of Munsifs appointed under two different recruitment regimes in Bihar – the 15th Judicial Service Examination governed by the Bihar Judicial Service (Recruitment) Rules, 1955 and the ad‑hoc recruitment under the Bihar Civil Service (Judicial Branch) Rules, …

NLRMAL KANTI ROY ETC.versusSTATE OF WEST BENGAL ETC.

1998 INSC 195Dismissed

The Supreme Court considered two appeals: one under Section 409 IPC where the appellant sought discharge under Section 167(5) of the CrPC after the two‑year investigation period expired, and another under Section 7(1)(a)(ii) of the Essential Commodities Act concerning the limitation bar under …

S.K. BHARGAVAversusTHE COLLECTOR, CHANDIGARH AND ORS.

1998 INSC 196Appeal(s) allowed

The appellant, a former director of Depro Foods Pvt. Ltd., challenged a recovery certificate issued under Section 3 of the Haryana Public Moneys (Recovery of Dues) Act, 1979, which sought to recover a shortfall of Rs. 18,22,178.05 from him without any prior notice or hearing. The High Court had held …

GOVINDASAMIversusSTATE OF TAMIL NADU

1998 INSC 194Dismissed

Govindasami was accused of murdering his uncle Nagamalai, the latter's wife, two sons and a daughter in May 1984. The prosecution relied on circumstantial evidence: a land‑dispute motive, a wrist‑watch recovered from the crime scene that belonged to the accused, a blood‑stained lungi and a …

JAGJIT COTTON TEXTILE MILLSversusCHIEF COMMERCIAL SUPERINTENDENT N.R. AND ORS.

1998 INSC 190Dismissed

The petitioners, consignees of coal, challenged the Railway's recovery of penal charges under Rule 161‑A of the Indian Railway Conference Association (IRCA) Rules for loading wagons beyond the permissible carrying capacity. The Supreme Court examined whether Rule 161‑A was inconsistent with or ultra …

RAM BIHARI YADAVversusSTATE OF BIHAR AND ORS.

1998 INSC 191Dismissed

The appellant, a police officer, was convicted under IPC s.302 for allegedly setting his wife on fire and under s.377 for sodomy. The sole evidence of his guilt was the victim's dying declaration recorded by a Judicial Magistrate, which the defence argued was inadmissible because it was not in …

SRI GOPABANDHU BISWAL ETC.versusKRISHNA CHANDRA MOHANTY AND ORS. ETC.

1998 INSC 192Appeal(s) allowed

Gopabandhu Biswal, a former military officer appointed as Assistant Commandant in the Orissa Military Police, sought promotion to the Indian Police Service (IPS) and obtained a favorable order from the Central Administrative Tribunal (CAT) in 1991. The Union of India, the State of Orissa and other …

M/S INDIAN STEAMSHIP CO. LTD.versusUNION OF INDIA AND ANR.

1998 INSC 189Appeal(s) allowed

The appellant owned the vessel M.V. Indian Resolve which arrived at Calcutta carrying a mixed cargo that included 1,22,400 cigarettes. A shortage of 45,000 cigarettes was later discovered, and the Additional Collector of Customs invoked Section 115(1)(e) of the Customs Act, 1962 to confiscate the …

EX. CAPT. R.S. DHULLversusSTATE OF HARYANA AND ORS.

1998 INSC 193Disposed off

The appellant, ex‑Captain R.S. Dhull, a former serviceman appointed as Tehsildar, had adverse remarks recorded in his Annual Confidential Reports which were expunged by the Punjab & Haryana High Court in 1990, leading to his promotion to District Revenue Officer. The Supreme Court, on a special …

CHETAK CONSTRUCTION LTD.versusOM PRAKASH AND ORS.

1998 INSC 188Disposed off

Chetak Construction Ltd. alleged that Justice R.D. Vyas of the Madhya Pradesh High Court had bought a flat from the respondent and therefore should recuse himself from hearing an appeal. The judge refused, made disparaging remarks, suggested contempt proceedings against the appellant and its …

WORLD TANKER CARRIER CORPORATIONversusSNP SHIPPING SERVICES PVT. LTD. AND ORS.

1998 INSC 186Appeal(s) allowed

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara …

STATE OF U.P.versusHARBAN SAHAI AND ORS.

1998 INSC 187Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Harban Sahai and others, who had been convicted for murder under Section 302 read with Section 34 of the IPC. The High Court had set aside the trial court's findings on the basis of alleged inconsistencies between the FIR and eyewitness testimony, …

SUPREME COURT BAR ASSOCIATIONversusUNION OF INDIA

1998 INSC 183Case Allowed

The Supreme Court Bar Association filed a writ petition challenging the Supreme Court's order in Vinay Chandra Mishra, which suspended an advocate's licence for three years while punishing him for criminal contempt. The Court examined whether Articles 129 and 142 of the Constitution empower the …

P.V. NARASIMHA RAO ETC. ETC.versusSTATE (CBL/SPE) ETC. ETC.

1998 INSC 185Disposed off

The Supreme Court examined whether Members of Parliament (MPs) could claim immunity under Article 105(2) of the Constitution for offences of offering or accepting bribes to influence their speech or vote in Parliament, and whether they fall within the definition of "public servant" under the …

BOARD OF TRUSTEES, PORT OF MUMBAIversusINDIAN OIL CORPORATION

1998 INSC 181Appeal(s) allowed

The Port of Mumbai, acting as Board of Trustees, arrested the vessel M.V. Varuna belonging to Thakur Shipping Co. Ltd for non‑payment of anchorage and other port charges under Section 64 of the Major Port Trusts Act, 1963 and issued a notice of auction. The company was wound up in a company petition …

TUKARAM RAMCHANDRA MANE (DEAD) BY LRS.versusRAJARAM BAPU LAKULE (DEAD) BY LRS.

1998 INSC 182Dismissed

The appellant, the creditor, claimed that a regular sale deed executed by the debtor was revived after the Insolvency Court annulled its earlier adjudication, thereby extinguishing the debtor‑creditor relationship under the Maharashtra Debt Relief Act, 1975. The debtor‑creditor relationship …

NAGULAPATI LAKSHMAMMAversusMUPPARAJU SUBBAIAH

1998 INSC 177Dismissed

The father of the appellant executed a will that was purportedly attested by five persons; only two actually signed, while three "Nishanis" neither signed nor affixed a thumb impression. One of these, identified as DW‑2, claimed to have attested the will but his name was written by a scribe on his …

MOHD. IQBAL M. SHAIKH AND ORS.versusSTATE OF MAHARASHTRA

1998 INSC 178Appeal(s) allowed

The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code for setting fire to a Hindu house after the demolition of the Babri Masjid, resulting in multiple deaths. The Supreme Court examined whether the act …

M/S THERMAX LTD.versusCOLLECTOR OF CENTRAL EXCISE

1998 INSC 180Case Partly allowed

Thermax Ltd. manufactured high‑pressure boilers and, in addition to the price of the boilers, separately charged customers for design, engineering, installation and commissioning services. The Assistant Collector of Central Excise and the Customs, Excise and Gold (Control) Appellate Tribunal held …

SHREENATH AND ANR.versusRAJESH AND ORS.

1998 INSC 176Appeal(s) allowed

Shreenath and others, who were tenants of a mortgaged property, opposed the execution of a decree for vacant possession granted to Rajesh, the mortgagee, by filing an objection under Order 21 Rule 97 of the Code of Civil Procedure, claiming an independent right in the premises. The executing court …

JAGDISH CH. PATNAIK AND ORS.versusSTATE OF ORISSA AND ORS.

1998 INSC 174Dismissed

The appellants, directly recruited Assistant Engineers appointed in 1980 against vacancies of 1978, claimed seniority over promotee Assistant Engineers appointed in 1979‑80, invoking Rule 26 of the Orissa Service of Engineers Rules, 1941. The respondents filed a review and a separate original …

STATE OF ANDHRA PRADESHversusN. RADHAKISHAN

1998 INSC 175Dismissed

The respondent, an Assistant Town Planner, was charged under the 1963 Andhra Pradesh Civil Services (CCA) Rules for alleged involvement in unauthorized constructions, based on a 1987 anti‑corruption report. No substantive inquiry was conducted despite the appointment of several inquiry officers, and …

STATE OF U.P.versusSIKANDER ALI AND ORS.

1998 INSC 171Disposed off

The State of U.P. appealed the acquittal of Sikandar Ali and others, who had been convicted by a trial court for the murder of two brothers‑in‑law, Shamsher Singh and Ramji Tripathi, based on the testimony of two eye‑witnesses (PW‑1 and PW‑2) recorded in the FIR within an hour of the incident. The …

STATE OF GUJARATversusMOHAMMED ATIK AND ORS.

1998 INSC 172Appeal(s) allowed

The State of Gujarat appealed a trial court order that barred the use of confessional statements recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) in separate bomb‑blast cases. The Supreme Court held that a confession made to a police officer of at …

SEETHALAKSHMI AMMALversusMUTHUVENKATARAMA IYENGAR AND ANR.

1998 INSC 173Case Allowed

Gomathi Ammal, a Hindu female, died intestate. Her husband and only son had predeceased her, and the appellant, the widow of that pre‑deceased son, filed a suit for declaration of ownership of the deceased's properties. The High Court held that the appellant was not an heir because at the time of …

SAIYAD MOHAMMAD BAKER EL-EDROOS (DEAD) BY LRS.versusABDULHABIB HASAN ARAB AND ORS.

1998 INSC 170Dismissed

The case concerned applications under Section 50A of the Bombay Public Trusts Act, 1950 for settling the scheme of a public trust. One of the original applicants died and, after a long delay, his son sought substitution; another set of applicants also sought to be joined. The Charity Commissioner …

L.C.A.R.versusSATISH KUMAR AND ANR.

1998 INSC 164Case Allowed

The Agricultural Research Service (ICAR) revised its scientists' pay scales and service rules retrospectively to align with the UGC pay package effective 1 January 1986. The respondent, a Scientist S‑1 appointed in 1982, claimed a vested right to promotion under the old five‑yearly assessment …

CALCUTTA CHROMOTYPE LTD.versusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA

1998 INSC 166Appeal(s) allowed

Calcutta Chromotype Ltd., a manufacturer of playing cards, sold its entire output to its sole distributor, M/s Ganga Saran & Sons Pvt. Ltd. Both companies had common directors and their shares were held by members of the Sharma family. The Assistant Collector of Central Excise treated the …

SILVERLINE FORUM PVT. LTD.versusRAJIV TRUST AND ANR.

1998 INSC 165Appeal(s) allowed

Silverline Forum Private Limited, the new owner of a flat, obtained a decree for ejectment against its tenant Rajiv Trust for sub‑letting without consent. While executing the decree, the bailiff was resisted by the second respondent, a sub‑tenant of the first sub‑tenant, who claimed he was not a …

THE STATE OF WEST BENGAL AND ORS.versusRANBINDRA NATH SENGUPTA AND ORS.

1998 INSC 167Appeal(s) allowed

The Supreme Court examined the West Bengal government's policy on House Rent Allowance (HRA) which differentiates between employees living in government‑provided accommodation (who pay a nominal licence fee) and those renting privately. The petitioners, government employees residing in government …

SMT. PREM LATA SHARMAversusDISTRICT MAGISTRATE, MATHURA AND ORS.

1998 INSC 168Case Allowed

The petitioner, the wife of Suresh Chander Sharma, challenged his preventive detention under the National Security Act, 1980. The detenu had made a representation to the State Government within the prescribed time, which was rejected, and the representation was forwarded to the Central Government, …

GAURAV JAIN AND ANR.versusUNION OF INDIA AND ORS.

1998 INSC 160Case Allowed

Gaurav Jain filed a public‑interest writ under Article 32 seeking separate educational institutions and other relief for children of prostitutes. A two‑judge Division Bench (Ramaswamy J and Wadhwa J) delivered differing judgments: Ramaswamy J ordered the establishment of a committee and measures to …

CENTRAL BOARD OF DIRECT TAXES AND ORS.versusOBEROI HOTELS (INDIA) PVT. LTD.

1998 INSC 161Dismissed

Oberoi Hotels (India) Pvt. Ltd. entered into a comprehensive agreement with a Nepalese hotel enterprise to provide technical, professional and other services for operating the hotel. The company sought approval of the agreement under Section 80‑0 of the Income‑Tax Act, 1961, but the Central Board of …

THE COCA-COLA EXPORT CORPORATIONversusINCOME TAX OFFICER AND ANR.

1998 INSC 162Appeal(s) allowed

Coca‑Cola Export Corp., a wholly‑owned non‑resident subsidiary of the Coca‑Cola Company, claimed deductions for pro‑rated home‑office expenses and service charges paid in US dollars. The Income‑Tax Officer (ITO) disallowed portions of these deductions and later issued notices under Section 148 of …

EAST INDIA COMMERCIAL CO. PVT.LTD. ETC.versusCORPORATION OF CALCUTTA

1998 INSC 163Appeal(s) allowed

The appellants, East India Commercial Co. Pvt. Ltd., challenged the assessment of their building’s annual value under Section 168 of the Calcutta Municipal Act, 1951, arguing that the fair rent fixed under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956 should be the basis, not the …

SANKARANARAYANAN POTTI (DEAD) BY L.RS.versusK.SREEDEVI AND ORS.

1998 INSC 156Appeal(s) allowed

The case concerned an Otti mortgagee (defendant No. 2) who, after a preliminary decree of redemption, claimed to be a "cultivating tenant" under the Kerala Land Reforms (Amendment) Act, 1969 and obtained a purchase certificate from the Kerala Land Tribunal. The appellant sought to have the final …

M/S RAHABHAR PRODUCTIONS PVT. LTD.versusRAJENDRA K. TANDON

1998 INSC 157Dismissed

The respondent, a retired Central Government employee, filed an eviction petition under Section 14C of the Delhi Rent Control Act, 1958 (amended 1988) seeking possession of premises he had let to the appellant. The appellant contested, seeking leave to defend under Section 25B, but the Rent …

GURDIAL KAUR AND ORS.versusKARTAR KAUR AND ORS.

1998 INSC 158Dismissed

The case concerned a registered will allegedly executed by Hamam Singh in favour of the appellants, Gurial Kaur and others. Although the will bore the Sub‑Registrar’s endorsement and the executant was said to have been identified by a village Lambardar, the trial court set aside the will on grounds …

TASADDUG HUSSAIN KHANversusSHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANR.

1998 INSC 159Dismissed

The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money …

K.M.S. UBAIDA AND ANR.versusSTATE OF KERALA AND ANR.

1998 INSC 155Dismissed

The appellants challenged a decision that land under systematic teak plantation was classified as private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. They argued that clause (c) of Section 2(2)(1)(c) exempts lands principally cultivated with any agricultural crop, and …

COMMISSIONER OF INCOME-TAX, TAMIL NADUversusS. BALASUBRAMANIAN

1998 INSC 152Appeal(s) allowed

The assessee, a Hindu Undivided Family (HUF), was granted a development rebate under Sections 33 and 34 of the Income‑Tax Act for new machinery used in its business for assessment years 1960‑61 to 1965‑66. In 1967 a partial partition of the HUF allotted the machinery to two coparceners, who …

M/S INTER STATE TRANSPORT AGENCYversusBIBI HABIBA KHATOON (DEAD) BY L.RS

1998 INSC 153Appeal(s) allowed

The landlord (respondent) filed an eviction suit (Title Suit No. 100 of 1980) against the tenant (appellant) alleging default in payment of rent. During the pendency of a second appeal in the High Court arising from an earlier eviction suit, the landlord obtained an order under Section 15 of the …

A.G. VARADARAJULU AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1998 INSC 150Dismissed

The appellants sought to exclude 36.74 acres allotted to the wife under a 1970 partition deed from the husband's land ceiling computation, claiming it was "Stridhana land" under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The dispute centered on whether Section 21A's …

DHAN RAJ AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1998 INSC 151Appeal(s) allowed

The appellants, former drivers and conductors of the Jammu & Kashmir State Road Transport Corporation, served for 30‑40 years as temporary employees and retired before 9 June 1981. A 1981 notification amended Article 177 of the J&K Civil Service Regulations to grant pension to temporary servants …

MODI CEMENTS LTD.versusSHRI KUCHIL KUMAR NANDI

1998 INSC 149Appeal(s) allowed

Modi Cements Ltd. filed three criminal complaints under Section 138 of the Negotiable Instruments Act against K.K. Nandi for dishonour of cheques that were returned with a "payment stopped by the drawer" endorsement. The High Court quashed the complaints on the ground that the stop‑payment …

VINOD SHARMA AND ORS.versusDIRECTOR OF EDUCATION [BASIC] U.P. AND ORS.

1998 INSC 146Appeal(s) allowed

The appellants, assistant teachers of the primary sections in a recognised junior high school in Uttar Pradesh, filed writ petitions seeking payment of their salaries under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. The Allahabad High Court …

UNION OF INDIA AND ANR.versusV.M. SALGAONCAR AND BROS. (P) LTD. ETC.

1998 INSC 142Disposed off

The case concerned importers of specialised transhipper vessels who claimed exemption from customs duty under Notification No. 262‑Customs dated 11 October 1958, which exempted "ocean‑going vessels". The Customs authorities insisted that the vessels were not "ocean‑going" and required the importers …

GEORGE AND OTHERSversusSTATE OF KEARLA AND ANR .

1998 INSC 143Disposed off

The case concerned the murder of reporter Sasidharan Nair, for which three appellants (George @ Vakkachan, Rajeev and Joshy) were charged. The trial court acquitted all accused, rejecting the eye‑witness testimony of the deceased's mother (PW3) and the dying declaration, and relying on a hostile …

MOHAN KARANversusSTATE OF U.P. AND ANR.

1998 INSC 144Dismissed

Mohan Karan, an Assistant Architect who was promoted to Executive Officer (RBO) on 7 February 1983, challenged the promotion of the second respondent to Chief Town Planner on the ground that he was senior in the feeding cadre. The High Court dismissed the writ, holding that the appellant's post was …

M/S LARSEN AND TOUBRO LTD.versusSTATE OF GUJARAT AND ORS.

1998 INSC 145Appeal(s) allowed

The Gujarat High Court set aside the acquisition of land in Surat for Larsen & Toubro Ltd.'s employee housing scheme, holding that the State had not complied with Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 and that no notice under Section 9 of the Land Acquisition Act, 1894 had …

STATE OF ORISSA AND ANR.versusASWINI KUMAR DASH AND ORS. ETC.

1998 INSC 141Appeal(s) allowed

The respondents, teachers in aided non‑government colleges, sought to receive the revised University Grants Commission pay scales based on the State of Orissa's Resolution dated 6 October 1989, which covered all full‑time teachers in colleges covered or eligible under the direct‑payment scheme till …

AMRIT LAL SOOD AND ANR.versusSMT. KAUSHALAYA DEVI THAPAR AND ORS.

1998 INSC 140Case Partly allowed

A motor accident involving a Fiat car insured by a comprehensive policy resulted in injury to a gratuitous passenger, Kishan Sarup Thapar. The Motor Accident Claims Tribunal awarded compensation against the car owners, drivers and the insurer. The High Court enhanced the award but held the insurer …

A.I. DEMOCRATIC WOMEN ASSOCIATION AND ORS.versusUNION OF INDIA AND ANR

1998 INSC 139Disposed off

The A.I. Democratic Women Association and others filed a writ petition under Article 32 seeking a ban on the drug quinacrine, used for female sterilisation, by directing the Union of India and the Directorate General of Health Services to invoke Sections 10‑A and 26‑A of the Drugs and Cosmetics Act, …

PALANI AMMALversusVISWANATHA CHETTIAR (DEAD) AND ORS.

1998 INSC 136Dismissed

Palani Ammal (appellant) occupied an open piece of land with a granite foundation on which she erected a fuel depot under a lease from the original landlords (plaintiffs I and II). The landlords later sold the land to a third plaintiff (plaintiff III). Ammal denied plaintiff III's title and filed an …

STATE OF WEST BENGALversusPRANAB RANJAN ROY

1998 INSC 137Appeal(s) allowed

The State of West Bengal prosecuted Pranab Ranjan Roy under the Prevention of Corruption Act for disproportionate assets. Roy filed a vakalatnama on 29‑02‑1992 through his counsel to obtain certain documents, and the charge‑sheet was filed only on 04‑05‑1994. When summoned, Roy sought discharge …

BHARAT COMMERCE AND INDUSTRIES LTD.versusTHE COMMISSIONER OF INCOME TAX, CENTRAL-II

1998 INSC 134Dismissed

Bharat Commerce & Industries Ltd. appealed against the Commissioner of Income Tax, arguing that interest paid on delayed advance tax (under Sections 139 and 215) for AY 1972‑73 and interest paid on delayed tax under the Voluntary Disclosure of Income and Wealth Act, 1976 for AY 1977‑78 and 1978‑79 …

RONNY@RONALD JAMES ALWARIS ETC.versusSTATE OF MAHARASHTRA

1998 INSC 135Case Partly allowed

The appellants were convicted of murder, robbery and rape for the killings of a family in Pune in July 1992. They challenged the admissibility of witness identifications made for the first time in court without a test identification parade, the legality of the search and seizure of articles, and the …

MRS. RENA DREGOversusLALCHAND SONI, ETC.

1998 INSC 132Appeal(s) allowed

The landlady, Ms. Rena Drego, sought eviction of her tenant under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, claiming a bona‑fide and reasonable need for additional accommodation for her large family. The trial court dismissed her suit, but the appellate Small …

SWARAN SINGHversusSTATE OF U.P. AND ORS.

1998 INSC 133Appeal(s) allowed

Shri Doodh Nath, an MLA, was convicted of murder and sentenced to life imprisonment. He filed a remission petition before the Governor of Uttar Pradesh, which was granted despite the Governor not being informed of material facts such as five other serious criminal cases pending against him, the …

J.K. COTTON SPPINNING AND WEAVING MILLS CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE

1998 INSC 126Appeal(s) allowed

The appellant, a textile mill, was served with two show‑cause notices under Section 11‑A of the Central Excises and Salt Act for alleged excise duty on yarn removed within the factory for the period November 1980 to December 1981. The Delhi High Court had stayed the effect of a circular dated …

SHOBHIT CHAMAR AND ANR.versusSTATE OF BIHAR

1998 INSC 127Dismissed

The appellants, Shiv Prakash Pandey (A‑1) and Shobhit Chamar (A‑2), were convicted under IPC Sections 302, 149, 380 and 460 and under Section 27 of the Arms Act for the murder of six male members of a family, including two children, during a dacoity in Rohtas district, Bihar. They challenged the …

UNION OF INDIA AND ORSversusK. SAVITRI AND ORS.

1998 INSC 128Appeal(s) allowed

The respondents, originally employed by the Rehabilitation and Reclamation Organisation, were declared surplus and redeployed to All India Radio under the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990. Their past service and experience in the parent organisation were not taken …

UNION OF INDIA AND ORS.versusM/S ORIENT ENTERPRISES ETC.

1998 INSC 129Appeal(s) allowed

The respondents, M/s Orient Enterprises, imported skimmed milk powder which the Customs Collector deemed undervalued and ordered confiscation, allowing redemption on payment of a fine, penalty and additional duty. The revenue’s appeal against the Tribunal’s order that the goods were lawfully …

UNION OF INDIA AND ORS.versusBIJOY LAL GHOSH AND ORS.

1998 INSC 130Dismissed

The respondents were primary school teachers employed under the Dandakaranya Development Project (DDP) of the Ministry of Home Affairs until the schools were handed over to the states on 1 April 1986, after which they were placed on the Central Surplus Staff Cell and later redeployed in non‑teaching …

COIR BOARD, ERNAKULAM, COCHIN AND ANR.versusINDIRA DEVI P.S. AND ORS.

1998 INSC 131Dismissed

The Coir Board, a statutory body established under the Coir Industry Act, 1953, dismissed several temporary clerks and typists who claimed that their termination was governed by Chapter V‑A of the Industrial Disputes Act, 1947. The Kerala High Court held that the Board qualified as an "industry" …

K. ANJAIAH ETC.versusK. CHANDRAIAH AND ORS. ETC.

1998 INSC 122Appeal(s) allowed

The Andhra Pradesh College Service Commission (APCSC) was constituted under the Andhra Pradesh College Service Commission Act, 1985 and staffed by employees on deputation from the State Government. Regulation 9(2) of the 1986 Regulations provided that seniority of deputationists, once absorbed, …

KOVVURI SURYA BHASKARA REDDY ETC.versusSTATE OF ANDHRA PRADESH ETC.

1998 INSC 123Disposed off

The case involved six accused who attacked and killed Buchi Reddi with knives, spears and an axe. The trial court convicted all of them under Sections 148 and 302 IPC, and also under Sections 307, 326 and 324 IPC. The High Court set aside the convictions of four accused, reasoning that the FIR did …

THE STATE OF GUJARAT AND ORS.versusDILIPBHAI NATHJIBHAI PATEL

1998 INSC 124Appeal(s) allowed

The State of Gujarat filed a criminal appeal against Dilipbhai Nathjibhai Patel challenging a High Court order that a prior hearing was required before granting sanction for prosecution under Section 147(1)(d) of the Gujarat Cooperative Societies Act. The appellant had obtained sanction from the …

RAJAYANversusSTATE OF KERALA AND ANR.

1998 INSC 125Dismissed

The appellant, Raja Yan, was married to Sanalkumari who later committed suicide. The prosecution alleged that the appellant repeatedly demanded dowry before and after the marriage, leading to mental and physical cruelty that caused her death. The trial court acquitted the appellant, but the Kerala …

CENTRAL BUREAU OF INVESTIGATIONversusV.C. SHUKLA AND ORS.

1998 INSC 119Dismissed

The Central Bureau of Investigation (CBI) relied on two spiral notebooks and related documents recovered from J.K. Jain's premises to charge politicians V.C. Shukla and L.K. Advani, alleging they received bribes through a hawala scheme. The Supreme Court examined whether the notebooks qualified as …

INDORE TEXTILES LTD. AND ANR.versusUNION OF INDIA AND ANR.

1998 INSC 118Dismissed

Indore Textiles Ltd., a closed public limited company, had its management taken over by the Central Government under Section 18AA of the Industries (Development and Regulation) Act, 1951. Shortly before the expiry of that takeover, the Madhya Pradesh Governor promulgated an ordinance, later replaced …

THE COMMISSIONER OF INCOME TAX, LUCKNOWversusU.P. FOREST CORPORATION

1998 INSC 120Appeal(s) allowed

The Uttar Pradesh Forest Corporation claimed exemption from income tax on the ground that it was a "local authority" under Section 10(20) of the Income Tax Act, 1961, and alternatively that it was a charitable institution under Section 11(1). The assessing officer rejected the claim, the …

TIRUMALA TRIUPATI DEVASTHANAMSversusK.M. KRISHNALAH

1998 INSC 121Appeal(s) allowed

The plaintiff, K.M. Krishnah, sued Tirumala Tirupati Devasthanams (TTD) for a permanent injunction over 2.29 acres of land. The trial court dismissed the suit for lack of title and possession; the plaintiff later amended the suit to seek possession after being dispossessed on 30 August 1969, filing …

UNION OF INDIA AND ANR.versusDR. AKHILESH CHANDRA AGRAWAL

1998 INSC 117Appeal(s) allowed

The appellants, originally appointed as ad hoc Group 'B' doctors under the Central Health Service Rules, 1963, were later regularised as Group 'A' doctors by the Supreme Court, with the direction that their promotions would be to supernumerary posts only. Directly recruited doctors (respondents) …

RAVINDRA KUMAR RAIversusSTATE OF MAHARASHTRA AND ORS.

1998 INSC 116Appeal(s) allowed

The petitioner sought a writ directing the State of Maharashtra to hold a Common Entrance Examination for admission to its medical colleges, invoking Regulation 5(2) of the Medical Council of India’s 1997 Regulations. Maharashtra argued it fell under Regulation 5(3) because the CBSE board …

RAJASTHAN PUBLIC SERVICE COMMISSIONversusCHANDAN RAM AND ANR.

1998 INSC 115Appeal(s) allowed

The Rajasthan Public Service Commission advertised 23 Assistant Director (Junior) posts in 1993, but the State Government halted recruitment to amend the service rules. The 1995 amendment abolished the Assistant Director (Junior) cadre and created a new Marketing Officer cadre with different …

STATE OF PUNJAB AND ORS.versusRAM LUBHAYA BAGGA

1998 INSC 114Disposed off

Ram Lubhaya Bagga, a Punjab government employee, suffered a heart attack and was treated at Escorts Heart Institute, incurring Rs. 2,11,758.70 in expenses. He claimed full reimbursement under the 1991 policy that allowed full payment at designated private hospitals, but the Punjab Government had …

STATE OF RAJASTHANversusM.C. SAXENA

1998 INSC 112Dismissed

The respondent, an engineer of the Rajasthan Government, was charged with using sub‑standard material. An enquiry officer exonerated him because the forensic samples were not taken as per procedure, but the State Government, acting as disciplinary authority, disagreed, recorded reasons, and imposed …

UNION OF INDIA AND ANR.versusRAVI SHANKAR AND ANR.

1998 INSC 113Appeal(s) allowed

The Union of India appealed against a decision of the Central Administrative Tribunal that had directed consideration of two respondents for future vacancies as Pharmacists under the Central Government Health Scheme Delhi (Group C) Ayurvedic Recruitment Rules, 1978, by relaxing the qualification …

GUDUR KISHAN RAO AND ORS.versusSUTIRTHA BHATTACHARYA AND ORS.

1998 INSC 110Dismissed

The appellants, former Deputy Collectors of the Andhra Pradesh State Civil Service, were excluded from the 1987 IAS promotion list and obtained a Tribunal order directing the creation of 14 supernumerary IAS posts. The Government of India issued notifications on 15‑12‑1993 (amending the Cadre …

M/S W.T. SUREN AND CO. LTDversusCOMMISSIONER OF INCOME TAX, BOMBAY

1998 INSC 111Appeal(s) allowed

W.T. Suren & Co. Ltd transferred its distribution unit to Rallis India Ltd, terminating the employment of the unit's staff. Employees were offered similar jobs with continuity of service; those who did not join received gratuity directly, while the assessee paid the gratuity due to those who joined …

STATE OF ORISSAversusJANMEJOY DINDA

1998 INSC 108Appeal(s) allowed

The State of Orissa prosecuted Janmejoy Dinda, who ran a nursing home, for stocking medicinal drugs without a valid licence and for failing to disclose the source of those drugs. The trial court convicted him under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940, imposing imprisonment …

UNION OF INDIA AND ORS.versusCAPT. A.P. BAJPAI

1998 INSC 109Appeal(s) allowed

Capt. A.P. Bajpai, an army officer, was tried by a General Court‑Martial (GCM) for theft of government property and for absenting himself without leave. The GCM acquitted him on the theft charge but convicted him on the absent‑without‑leave charge, sentencing him to forfeit three years' service and …

STATE OF ANDHRA PRADESHversusVEDDULA VEERA REDDY AND ORS. ETC.

1998 INSC 101Appeal(s) allowed

The State of Andhra Pradesh prosecuted six accused for the murder of Cherukuri Kalidas, alleging that they entered his bedroom at night armed with deadly weapons and killed him, with the assault witnessed by his wife and relatives. The trial court convicted five of the accused under Section 302 read …

RAM KUMAR AND ANR. ETC.versusSTATE OF HARYANA

1998 INSC 103Appeal(s) allowed

The accused brothers were charged under IPC sections 302, 307, 324 read with Section 34 for allegedly attacking complainants while digging a khal. The trial and High Courts relied on the testimony of PW‑7 and PW‑8 and rejected the patwari’s (PW‑10) evidence, convicting the accused. On appeal, the …

MANMOHAN GARGversusM/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS

1998 INSC 102Dismissed

The respondent owned the registered trade mark “Khargosh Chhap” (Reg. No. 112689) for bidis, registered in 1945. The appellant sold bidis under the label “Goat Cub”, which the respondent alleged was deceptively similar and amounted to passing off. The trial court dismissed the suit, but the High …

CHHIDDA SINGHversusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1998 INSC 104Dismissed

The petitioner, Chhidda Singh, filed a review petition (No. 315 of 1998) after the Supreme Court dismissed his Special Leave Petition (C) No. 6347 of 1997, which challenged orders of the Deputy Director of Consolidation and the High Court. The review petition merely reproduced verbatim the same …

HIGH COURT OF JUDICATURE FOR RAJASTHANversusRAMESH CHAND PALIWAL AND ANR.

1998 INSC 105Appeal(s) allowed

The appellant, the Rajasthan High Court, appealed a Supreme Court judgment that had set aside a direction issued by two of its judges ordering the Registrar to prepare a report on whether posts filled by officers of the Rajasthan Judicial Service on deputation could be manned by High Court staff. …

A.K. NAZEER SAHEB AND ORSversusA.P. PUBLIC SERVICE COMMISSION AND ORS.

1998 INSC 106Appeal(s) allowed

Three candidates were directly recruited as Assistant Directors of Sericulture under the Andhra Pradesh Industries Service Rules. Their appointments were challenged by senior Inspectors of Sericulture on the ground that the required number of permanent posts did not exist, arguing that 'substantive …

MARIYAPPA AND ORS.versusSTATE OF KARNATAKA AND ORS.

1998 INSC 107Appeal(s) allowed

The appellants, tenants of land acquired under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, challenged the acquisition on the ground that Section 11-A of the Land Acquisition Act, 1894 (introduced by the 1984 amendment) should apply, requiring an award within two years. The …

COMMISSIONER OF INCOME TAX, KARNATAKAversusM/S BEDI AND COMPANY PVT. LTD.

1998 INSC 98Dismissed

The assessee was assessed for AY 1960-61 and later a sum of Rs 32,58,500 was identified as a loan advanced for a paper‑mill project. The Income‑Tax Officer reopened the assessment and treated the amount as business income. The assessee’s appeals before the Appellate Assistant Commissioner and the …

HUNGERFORD INVESTMENT TRUST LTD.versusINCOME TAX OFFICERS AND ORS.

1998 INSC 96Dismissed

Hungerford Investment Trust Ltd., a Singapore‑registered non‑resident company owning 100% of the Indian firm Turner Morrison & Co., was deemed to have received dividends from the undistributed income of the Indian company under Section 23A of the pre‑1955 Income‑Tax Act, 1922. The Income‑Tax Officer …

M.H. DEVENDRAPPAversusTHE KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION

1998 INSC 97Dismissed

The appellant, an Assistant Manager of Karnataka State Small Industries Development Corporation and President of its Employees' Welfare Association, wrote a letter to the Governor alleging mismanagement and issued a press statement criticizing a senior official. The corporation charged him under …

VIJAY KUMAR SHROTRIYAversusSTATE OF U.P AND ORS.

1998 INSC 93Appeal(s) allowed

V.K. Shrotri was appointed ad hoc as Assistant Engineer in the Uttar Pradesh Irrigation Department in 1962 and was selected in a combined examination for the Public Works Department (PWD) the same year. Although allocated to the PWD, he was not relieved from the Irrigation Department and continued …

K.A. RAMESH AND ORS.versusSMT. SUSHEELA BAI AND ORS.

1998 INSC 94Appeal(s) allowed

The appellants, tenants, owed rent for July‑December 1988 and, after a grievance about missing receipts, sent a bank draft covering the full arrears on 2 February 1989, before the landlords filed an eviction petition on 6 February 1989 alleging wilful default under Section 10(2)(i) of the Andhra …

CENTRAL BOARD OF SECONDARY EDUCATIONversusNIKHIL GULATI AND ANR.

1998 INSC 92Dismissed

The Central Board of Secondary Education (CBSE) challenged orders of the Rajasthan High Court that allowed certain students, who did not meet eligibility criteria, to appear for board or university examinations. The petitioners argued that such orders contravened the statutory eligibility …

P.A. NARYANANversusUNION OF INDIA AND ORS.

1998 INSC 95Appeal(s) allowed

The appellant's wife was assaulted and robbed on a running local train in 1981. She pulled the alarm chain, but the guard and motorman failed to stop the train, and she later died from her injuries. The Railway Board denied compensation, holding that liability arose only in railway accidents, and …

SHRI KISHAN @ KRISHAN KUMAR ETC. ETC.versusMANOJ KUMAR ETC. ETC.

1998 INSC 84Dismissed

The appellants were tenants of shops in a building completed in 1977. Their tenancies were terminated by notice and the landlords filed suits for possession in 1983. Decrees granting possession were passed in December 1988, after the ten‑year exemption period under Section 1(3) of the Haryana Urban …