Created by Fuzzy Cloud

Judgments of 1999

568 judgments · newest first · showing 201–400

ATLAS EXPORT INDUSTRIESversusKOTAK AND COMPANY

1999 INSC 377Dismissed

Atlas Export Industries entered into a contract for the supply of groundnut extractions that incorporated by reference the GAFTA standard contract, which contained an arbitration clause mandating disputes be resolved in London under GAFTA rules. A dispute arose, arbitration was conducted in London …

MOHD. ALIversusAZAD MOHD.

1999 INSC 374Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not …

T.K. LATHIKAversusSETH KARSANDAS JAMNADAS

1999 INSC 367Dismissed

The appellant, T.K. Lathika, became the owner of a building by gift deed in 1980 and entered into a fresh lease with the long‑term tenant. She filed an eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 on 1 July 1981, before the one‑year moratorium …

M.C.MEHTAversusUNION OF INDIA AND ORS.

1999 INSC 368Disposed off

The Supreme Court entertained an application by the Gas Authority of India Ltd. (GAIL) seeking directions for the supply of natural gas to industries in the Taj Trapezium Zone (TTZ) of Agra and for the laying of a pipeline through the old Yamuna Bridge. The Court noted that, under its earlier order …

T. SIVASUBRAMANIAM AND ORS.versusKASINATH PUJARI AND ORS.

1999 INSC 370Dismissed

The landlords filed an eviction petition under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming they wished to live separately from their father and had no house of their own. The petition did not specifically plead a bonafide need for the premises, merely stating a desire to …

STATE OF U.P. AND ANR.versusRAM KISHORE AND ANR.

1999 INSC 371Appeal(s) allowed

Ram Kishore was initially appointed as a trainee tube‑well operator and was terminated for unauthorized absence. He was subsequently given a fresh three‑month temporary appointment, which was again extended, but his performance remained unsatisfactory and he again absented himself without leave, …

MAHARASHTRA GIRNI KAMGAR UNIONversusS. BHATTACHARJI AND ORS.

1999 INSC 366Dismissed

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous …

SHIV SARUP GUPTAversusDR. MAHESH CHAND GUPTA

1999 INSC 364Dismissed

The appellant, a tenant, occupied the first floor and barsati of a house in Defence Colony, New Delhi. The landlord, a doctor, sought eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises for himself and his family. The Additional Rent …

UNION OF INDIAversusRAM SAMUJH AND ANR.

1999 INSC 365Appeal(s) allowed

In 1997 a raid at the residence of Ram Samujh recovered five kilograms of opium. The Sessions Judge denied his bail application, but the Allahabad High Court later granted bail without addressing the mandatory conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The …

SHIV KUMARversusHUKAM CHAND AND ANR.

1999 INSC 363Dismissed

Shiv Kumar filed a criminal case against Hukum Chand for the death of his sister. During the Sessions trial, Kumar sought to have his private counsel, R.C. Gugnani, conduct the prosecution under the direction of the Public Prosecutor, who gave consent. The Sessions Court permitted this, but the High …

COLLECTOR OF CENTRAL EXCISE, GUNTURversusM/S ARUNA STRAW BOARDS (P) LTD.

1999 INSC 361Dismissed

The respondents, M/s Aruna Straw Boards Ltd., manufactured single‑ply straw boards, a portion of which was cleared on payment of excise duty and the remainder was used in‑factory to produce multiple‑ply straw boards that were also cleared on duty. The Revenue issued a show‑cause notice alleging that …

THE STATE OF J & K AND ANR.versusDEV DUTT PANDIT

1999 INSC 358Case Partly allowed

The State of Jammu & Kashmir terminated a measurable‑item rate contract with contractor Dev Dutt Pandit after less than 50% of the work was completed and the contractor filed a petition under Section 20 of the Arbitration Act. An arbitrator awarded Rs. 20,08,000 based on a final bill prepared from …

GRAPHITE INDIA LTD. AND ANR.versusDURGAPUR PROJECTS LTD. AND ANR.

1999 INSC 359Dismissed

Graphite India Ltd. obtained electricity from Durgapur Projects Ltd. (DPL), a sanction‑holder under Section 28 of the Electricity Act, 1910. DPL revised its tariff in 1991, 1993 and 1995, giving only a two‑day short notice and seeking State Government approval after the fact; Graphite challenged the …

K.R. PATEL (DEAD) THROUGH L.RS.versusCOMMISSIONER OF INCOME TAX

1999 INSC 360Dismissed

The deceased K.R. Patel and B.G. Amin were appointed executors and trustees under a 1962 will that directed payment of debts, conveyance of specific legacies, conversion of remaining assets into cash and donation to charitable purposes. The will created a public trust, which was registered in …

GOVT. OF INDIA AND ORS.versusCOURT LIQUIDATORS EMPLOYEES ASSOCIATION AND ORS.

1999 INSC 362Disposed off

The Supreme Court examined the claim of Company Paid Staff employed in the offices of the Official Liquidator and Court Liquidator across several High Courts, who had served for 10‑25 years on low pay without permanent status or retirement benefits. They filed writ petitions seeking to be …

KAPILDEO PRASAD SAH AND ORS.versusSTATE OF BIHAR AND ORS.

1999 INSC 356Disposed off

The appellants, untrained assistant teachers in Bihar, were terminated and later appointed on 4 October 1994 under directions of the Supreme Court and the High Court that vacancies existing before 1 January 1992 be filled and that such appointees be paid arrears from 1 July 1992. The appellants …

MALIK BROTHERSversusNARENDRA DADHICH AND ORS.

1999 INSC 357Appeal(s) allowed

The Indore Development Authority conducted a public auction of a government land parcel; the appellant, Malik Brothers, was the highest bidder but failed to pay the balance, leading to forfeiture of the premium. The appellant challenged the forfeiture and the Authority referred the dispute to an …

USHA AHUJAversusSTATE OF HARYANA AND ORS.

1999 INSC 351Appeal(s) allowed

The appellant, a partner in a firm, filed a criminal complaint alleging offences under Sections 405, 406 and 408 IPC against two former partners. A civil suit for dissolution of the partnership and accounts was simultaneously pending. The respondents moved the Punjab & Haryana High Court under …

RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANERversusMITHA LAL KOTHARI AND ANR.

1999 INSC 352Appeal(s) allowed

The State of Rajasthan transferred research staff of its Directorate of Agriculture to the University of Udaipur (now Rajasthan Agricultural University) by an order dated 27‑12‑1975, protecting their existing pay and scale. Subsequent revisions of pay scales merged dearness allowance into basic pay …

MR. FRANCE B. MARTINS AND ANR.versusMRS. MAFAIDA MARIA TERESA RODRIGUES

1999 INSC 353Dismissed

The appellants, promoters of an apartment complex, sold a flat to the respondent’s minor daughter for Rs. 2,10,000 and delivered possession in September 1985 but failed to execute a sale deed. The respondent filed a complaint under the Consumer Protection Act, 1986 on 19 June 1992 seeking specific …

SAROJ RANI AND ANR. ETC. ETC.versusSTATE OF PUNJAB AND ORS.

1999 INSC 354Disposed off

The case concerned promotion of clerks to Assistant/Senior Assistant in Punjab. The 1984 Rules required passing an examination for promotion, but a 1991 notification exempted clerks with 18 years of service from the exam under Rule 12. This created two groups – exemptees and qualifiers – leading to …

S. THANGAPPANversusP. PADMAVATHY

1999 INSC 355Dismissed

The appellant, S. Thangappan, was a tenant of premises used for an automobile workshop. The respondent, P. Padmavathy, filed an eviction petition under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent from October 1982 to May 1983, the need for demolition and …

R. GANDHIversusU.0.I. AND ANR.

1999 INSC 349Dismissed

The appellant challenged the Government's Office Memorandum dated 22 August 1990 which changed the period for restoration of a commuted pension from "date of retirement" to "date of commutation". The appellant argued that the Supreme Court in Common Cause v. Union of India had fixed the 15‑year …

RESHAM SINGHversusRAGHBIR SINGH AND ANOTHER

1999 INSC 350Dismissed

Resham Singh, the landlord, let a shop to Raghbir Singh who later became involved in criminal proceedings and absconded. Raghbir allowed his brother Kuldeep Singh to look after the premises, leading the landlord to file an eviction petition under the East Punjab Urban Rent Restriction Act alleging …

RAM KUMAR AGGARWAL AND ANR.versusTHAWAR DAS (DEAD) THROUGH LRS.

1999 INSC 346Appeal(s) allowed

The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific …

DELHI ADMINISTRATIONversusGURDIP SINGH UBAN AND ORS. ETC.

1999 INSC 347Appeal(s) allowed

The Delhi Administration issued a Section 4(1) notification in 1980 for 50,000 bighas of land and a Section 6 declaration in 1985. Several writ petitions challenged the declaration; a Full Bench upheld it, but a Division Bench later quashed the Section 6 declaration on 18‑Nov‑1988. A subsequent writ …

ADOR SAMIA PRIVATE LIMITEDversusPEEKA Y HOLDING LIMITED AND ORS.

1999 INSC 348Disposed off

The petitioner, Ador Samia Private Ltd., filed a Special Leave Petition under Article 136 of the Constitution challenging an order of the Chief Justice of the Bombay High Court that appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The central issue was …

DAVISversusSEBASTIAN

1999 INSC 343Appeal(s) allowed

The landlord (Davis) owned a building where he ran a hotel‑bar and sought eviction of his tenant (Sebastian), who operated a provision shop, under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona‑fide need for additional accommodation for a jewellery and …

ORIENTAL INSURANCE CO. LTD.versusSONY CHERIAYAN

1999 INSC 344Appeal(s) allowed

The appellant insurer issued a policy that covered only goods permissible under the Motor Vehicles Act, 1988. The respondent was transporting 15 barrels of ether solvent, which the Court held to be synonymous with ethyl ether, a hazardous substance listed in Table III of Rule 137, Central Motor …

WAKF BOARD ANDHRA PRADESH REPRESENTED BY ITS SECRETARYversusBIRADA VOLURAMANA REDDY

1999 INSC 345Dismissed

The Andhra Pradesh Wakf Board filed a suit in 1973 to recover possession of a 48½‑cent parcel of land that had been granted as a service Imam plot to the Paish Imam of a mosque and subsequently alienated through several sales. The trial court allowed the suit, but the High Court dismissed it on the …

SH. S.R. MURTHYversusTHE STATE OF KARNATAKA AND ORS.

1999 INSC 342Appeal(s) allowed

The appellant, a senior general‑category employee, was passed over for promotion to the single post of Head of Section (Ceramics) in a government polytechnic, where a junior Scheduled Caste employee was appointed on the basis of a reservation roster. The Karnataka Administrative Tribunal upheld the …

SHRI PANCH NAGAR PARAKH MANDSAURversusPURUSHOTTAM DAS

1999 INSC 339Appeal(s) allowed

The Supreme Court examined a suit filed in 1968 for redemption of a mortgage executed in 1934 over agricultural land in Mandsaur. The Court held that the suit was time‑barred under Section 275 of the Qanoon Ryotwari Gwalior State Act, which provides a three‑year limitation for redemption suits. It …

COLGATE PALMOLIVE (INDIA) LTD.versusHINDUSTAN LEVER LTD.

1999 INSC 340Appeal(s) allowed

The Supreme Court examined two appeals arising from an order of the Monopolies and Restrictive Trade Practices (MRTP) Commission that restrained Colgate Palmolive India Ltd. from using the phrase "Suraksha Chakra" in its Colgate Dental Cream advertisements. The Commission had granted a temporary …

M/S STYLE (DRESS LAND) ETC. ETC.versusUNION TERRITORY,CHANDIGARH AND ANR.

1999 INSC 341Case Partly allowed

The appellants, shop‑keepers leasing commercial premises in Chandigarh, challenged a steep increase in rent from Rs.2,671 to Rs.14,000 per month, arguing that the Union Territory lacked jurisdiction because the Central Government had not framed rules under the Capital of Punjab (Development and …

COMMISSIONER OF INCOME TAX, DELHIversusBHARAT CARBON AND RIBBON MFG. CO. (P) LTD.

1999 INSC 334Dismissed

Bharat Carbon and Ribbon Manufacturing Co. manufactured carbon paper, which was later classified as coated paper under Item 17(2) of the Central Excise Tariff, leading to a demand for excise duty for the years 1976-77, 1978-79 and 1979-80. The company challenged the levy by filing a writ petition …

P.A. AHAMMED IBRAHIMversusTHE FOOD CORPORATION OF INDIA

1999 INSC 335Appeal(s) allowed

The appellant, P.A. Ahmed Ibrahim, contracted with the Food Corporation of India (FCI) for loading, unloading and transport of foodgrains from 1973 to 1975, the agreement containing an arbitration clause. In 1978 the appellant sued FCI for recovery of pending dues, while FCI filed a petition under …

KISHAN LALversusSTATE OF RAJASTHAN

1999 INSC 337Appeal(s) allowed

The deceased Smt. Sulochana was allegedly burnt and later died; she gave an oral dying declaration on 6 November naming the appellant and his family, and a later statement before a magistrate on 11 November that did not name any accused. The police investigation found no sustainable evidence, …

DANDU LAKSHMI REDDYversusSTATE OF ANDHRA PRADESH

1999 INSC 338Appeal(s) allowed

The appellant Dandu Lakshmi Reddy and his mother were convicted of murder under Sections 302 and 34 IPC based solely on two dying declarations of the deceased, which contained a material discrepancy regarding the circumstances of the fire. The Supreme Court examined the reliability of dying …

J. JERMONSversusALIAMMAL AND ORS.

1999 INSC 333Appeal(s) allowed

The tenant J. Jermons stopped paying rent to his landlord after a Tax Recovery Officer issued a prohibitory order under the Income Tax Act, directing him to pay the rent to the tax authority instead. He later complied with a notice under Section 226(3) of the Income Tax Act and paid the rent for the …

SHRI GAJANAN L. PERNEKARversusSTATE OF GOA AND ANR.

1999 INSC 332Appeal(s) allowed

The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed …

SOPHIA GULAM MOHD. BHAMversusSTATE OF MAHARASHTRA AND ORS.

1999 INSC 327Appeal(s) allowed

The appellant, sister of Bham Faisal Gulam Mohammed, filed a habeas corpus petition challenging his preventive detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu was arrested for attempting to smuggle diamonds and was …

RAIS AHMADversusSTATE OF U.P. AND ORS.

1999 INSC 328Appeal(s) allowed

The appellant, Rais Ahmad, filed a writ petition under Article 226 before the Allahabad High Court. His counsel had obtained leave of absence from the Chief Justice on the ground of illness up to 23 April 1996 and sent an illness slip for the hearing scheduled on 24 April 1996, but the slip was not …

STATE OF ORISSAversusARJUN DAS AGRAWAL AND ANR.

1999 INSC 329Appeal(s) allowed

The State of Orissa appealed the acquittal of Manmohan Das (Manu Bangali) and Arjun Das Agrawal for the murder of Bhagirathi Panda. The trial court had convicted several accused under Sections 302/149 IPC, but the High Court acquitted Manmohan Das and Arjun Das, holding that the prosecution evidence …

NAGPUR IMPROVEMENT TRUSTversusYADAORAO JAGANNATH KUMBHARA AND 10 ORS.

1999 INSC 330Appeal(s) allowed

The Nagpur Improvement Trust appointed and promoted several employees to the post of Assistant Engineer (Civil) despite the State Government not having framed any rules under Section 21 of the Nagpur Improvement Trust Act, 1936 prescribing conditions for such appointments. The Bombay High Court …

SMT. RAMKUBAI SINCE DECEASED BY LRS.versusHAZARIMAL DHOKALCHAND CHANDAK AND ORS.

1999 INSC 331Appeal(s) allowed

The legal representatives of the deceased landlady, Smt. Ramkubai, filed a suit for possession of premises against the tenants, alleging default in rent, sub‑letting and a bona fide requirement to set up a Kirana shop for her son Bhikchand. The trial court granted eviction, but the appellate and …

UNITED INDIA INSURANCEversusAJMER SINGH COTTON AND GENERAL MILLS AND ORS. ETC.

1999 INSC 322Appeal(s) allowed

The insured, having procured multiple fire insurance policies, received claim payments after a fire loss and voluntarily executed discharge vouchers stating full and final settlement. He later filed a complaint before the State Consumer Disputes Redressal Commission seeking interest on the …

LADU RAMversusGANESH LAL

1999 INSC 323Appeal(s) allowed

Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined …

PARAMBIKULAM A.P.O. ASSOCIATIONversusSTATE OF TAMIL NADU AND ORS.

1999 INSC 324Dismissed

The Parambikulam Aliyar Project was originally set up to irrigate a defined ayacut, and in 1983 the Madras High Court recorded that the petitioners would not object to an extension of 115,000 acres provided the original ayacuts received water at least once every 18 months. In 1993 the Tamil Nadu …

DATTARAM S. VICHARE .versusTHUKARAM S. VICHARE AND ORS.

1999 INSC 325Appeal(s) allowed

The appellant, D.S. Vichare, was allotted a one‑room flat by the Bombay Housing and Area Development Board under the Maharashtra Housing and Area Development Act and indicated on Form C that his brother and sister‑in‑law would occupy the premises. Subsequent board inspections alleged that the …

LATA CONSTRUCTION AND ORS.versusDR. RAMESHCHANDRA RAMNIKLAL SHAH AND ANR.

1999 INSC 326Dismissed

The respondents entered into a 1987 agreement with Lata Construction for the purchase of a flat, paid substantial sums, but the flat was never delivered and was later occupied by another. In 1991 the parties executed a fresh agreement providing for compensation of Rs.9,51,000 in lieu of the flat, …

SOVINTORG (INDIA) LTD.versusSTATE BANK OF INDIA, NEW DELHI

1999 INSC 319Case Partly allowed

Sovintorg (India) Ltd. deposited a cheque for Rs 1 lakh with State Bank of India in June 1983; although the cheque was cleared, the proceeds were not credited to its account for seven years. The company claimed compensation, damages and 24% interest under the Consumer Protection Act, 1986. The State …

T. HAMZAversusSTATE OF KERALA

1999 INSC 320Appeal(s) allowed

The appellant was charged under Section 21 of the NDPS Act for possessing 1.75 grams of brown sugar after police searched him at a bridge based on prior information. The defence argued that the police failed to comply with the mandatory safeguards of Section 50(1), which require informing the …

SYED DASTAGIRversusT.R. GOPALAKRISHNA SETTY

1999 INSC 317Appeal(s) allowed

Syed Dastagir entered into a sale agreement with T.R. Gopalakrishna Setty for Rs.9,500, paying most of the consideration but the defendant refused to accept the remaining Rs.120 and execute the sale deed. The plaintiff deposited the balance in court and sued for specific performance. The trial court …

COLLECTOR OF CENTRAL EXCISE, PUNE ETC. ETC.versusDAI ICHI KARKARIA LTD. ETC. ETC.

1999 INSC 318Dismissed

The manufacturers purchased raw material and used it to make an intermediate product, which was then used to produce a final excisable product. The issue was whether the excise duty paid on the raw material, which could be claimed as credit under the MODVAT scheme, should be deducted from the raw …

P.K. VASUDEVAversusZENOBIA BHANOT

1999 INSC 321Dismissed

The landlady, a widow of a retired government servant, sought eviction of four tenants under Section 13A of the East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh. The Rent Controller initially ordered eviction of two tenants, but the High Court held that only one tenant could …

THE BELSUND SUGAR CO. LTD. ETC. ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1999 INSC 315Disposed off

The Supreme Court examined whether the Bihar Agricultural Produce Markets Act, 1960 (the Market Act) could be applied to transactions involving sugarcane, sugar, molasses, wheat products, vegetable oils, rice, milk products and tea. It held that the special statutes governing sugarcane, sugar and …

DR. PREETI SRIVASTAVA AND ANR. ETC. ETC.versusTHE STATE OF MADHYA PRADESH AND ORS.

1999 INSC 316Appeal(s) allowed

The Supreme Court examined whether State governments could prescribe lower minimum qualifying marks for reserved‑category candidates in the Post‑Graduate Medical Entrance Examination (PGMEE). The Court held that the Uttar Pradesh Act 1997 and Madhya Pradesh Government Order fixing 20% for reserved …

R.P. KAPURversusUNION OF INDIA AND ORS.

1999 INSC 313Appeal(s) allowed

The appellant, a railway signal engineer, was suspended on 21‑January‑1982 and later compulsorily retired on 25‑November‑1992. During the suspension he received only a subsistence allowance equal to 75 % of his revised basic pay, which the President ordered to count as qualifying service for pension …

P. NALLAMMALversusSTATE REPRESENTED BY INSPECTOR OF POLICE

1999 INSC 314Dismissed

The case arose from prosecutions of former Tamil Nadu ministers under Section 13(1)(e) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to their known lawful income. Their relatives were also charged as co‑accused under Section 109 of the IPC, alleging they had …

UMAR ABDUL SAKOOR SORA THIAversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

1999 INSC 310Dismissed

The police intercepted a truck carrying a large consignment of Mandrax tablets that had been dispatched from an Indian port to a fictitious foreign company. The appellant, the chairman of the clearing agency that took possession of the consignment during off‑loading, was identified by a police …

ZUNJARRAO BHIKAJI NAGARKARversusUNION OF INDIA AND ORS.

1999 INSC 311Appeal(s) allowed

Zunjarrao Bhikaji Nagarkar, then Collector of Central Excise, ordered confiscation of excisable goods and confirmed duty against Mis. Hari Vishnu Packaging Ltd. but did not impose a penalty under Rule 173Q of the Central Excise Rules. The Central Board of Excise directed him to appeal to the …

KALAVAKURTI VENKATA SUBBAIAHversusBALA GURAPPAGARI GURVI REDDY

1999 INSC 309Dismissed

The appellant executed a sale deed in favour of the respondent but refused to cooperate for its registration. The respondent filed a suit for specific performance seeking registration of the deed, along with injunction or possession of the immovable property. The trial court held that the suit was …

M/S. MOTIRAM TOLARAM AND ANR. ETC. ETC.versusTHE UNION OF INDIA AND ANR.

1999 INSC 308Dismissed

The appellants imported polyvinyl alcohol and argued that, under Section 3 of the Customs Tariff Act, 1975, they should pay the same duty rate as an Indian manufacturer, i.e., the concessional 10% ad valorem rate provided by Excise Notification No. 185 of 1983, provided the raw material (vinyl …

PREM NARAYAN BARCHHIHAversusHAKIMUDDIN SAIFI

1999 INSC 303Appeal(s) allowed

The landlord (appellant) sought eviction of a tenant from two shops under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to start a business for his unemployed son and asserting that he had no other suitable non‑residential accommodation. The …

AIRFREIGHT LTD.versusSTATE OF KARNATAKA AND ORS.

1999 INSC 305Case Partly allowed

Airfreight Ltd., a cargo forwarding and travel services company, was directed by the Karnataka Labour Officer to pay its employees Variable Dearness Allowance (VDA) under a 1987 State Notification issued under the Minimum Wages Act, 1948 for "shops and commercial establishments". The company …

JOGENDRA NAHAK AND ORS.versusSTATE OF ORISSA AND ORS.

1999 INSC 301Dismissed

Four persons, not parties to a criminal case, filed a writ petition seeking that their statements be recorded under Sections 161 and 164 of the Criminal Procedure Code. The Orissa High Court initially directed a magistrate to record their statements under Section 164, later reversed the order and …

INDIAN PETROCHEMICALS CORPORATION LTD. AND ANR.versusSHRAMIK SENA AND ORS.

1999 INSC 302Dismissed

The workmen employed in the statutory canteen of Indian Petrochemicals Corporation Ltd. filed a writ petition seeking declaration that they were regular employees of the corporation and were entitled to regularisation, pay scales and arrears. The Bombay High Court held that, relying on Parimal …

SUDHA AGRAWALversusXTH ADDL. DISTRICT JUDGE AND ORS.

1999 INSC 306Dismissed

The landlord applied to the Prescribed Authority for eviction of the tenant on the ground of bonafide need, claiming that explanation (i) to the fourth proviso of Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 barred the tenant from contesting and …

MUDIGONDA CHANDRA MOULI SASTRYversusBHIMANEPALLI BIKSHALU AND ORS.

1999 INSC 307Appeal(s) allowed

The landlord filed an eviction petition under the A.P. Building (Lease, Rent & Eviction) Control Act, 1960, claiming bonafide need for the premises. The tenant, employed in a department notified as an essential service, was transferred from Tenali to Marcherla, about 110 miles away. The Rent …

COMMON CAUSE, A REGISTERED SOCIETYversusUNION OF INDIA & ORS.

1999 INSC 299Case Allowed

The Supreme Court reviewed a petition challenging its earlier orders that directed the Minister of State for Petroleum, Capt. Satish Sharma, to pay Rs.50 lakh as exemplary damages to the Government and to undergo CBI investigation for alleged criminal breach of trust. The Court held that the earlier …

M/S INDIA PHOTOGRAPHIC CO. LTD.versusH.D. SHOURIE

1999 INSC 300Dismissed

The respondent filed a consumer complaint alleging that India Photographic Co. Ltd., a distributor of Kodak film rolls, sold the rolls without printing the sale price on each package, contrary to Rule 6(1)(t) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The District …

THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY AND ORSversusM/S SRIYANESH KNITTERS

1999 INSC 298Appeal(s) allowed

The Board of Trustees of the Port of Bombay detained a consignment of acrylic fibre belonging to Mis Sriyanesh Knitters, demanding payment of wharfage and demurrage arising from earlier imports of woollen rags. The respondents challenged the Board’s circular, alleging it was ultra‑violet of the …

UNION OF INDIA AND ORS.versusSHRI CHETAN S. NAIK ETC.

1999 INSC 297Dismissed

The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such …

SANKARAN PILLAI (DEAD) BY LRS.versusV.P. VENGUDUSWAMI AND ORS.

1999 INSC 296Dismissed

The appellant, a tenant, entered into a purchase agreement for the premises and paid a part‑payment, but the agreement was later repudiated and he filed a suit for specific performance. While the suit was pending, the new owner (respondent) filed an ejectment suit on the ground of arrears of rent. …

VINAY BUBNAversusSTOCK EXCHANGE, MUMBAI AND ORS

1999 INSC 295Dismissed

Vinay Bubna sued the Bombay Stock Exchange (BSE) alleging that the Exchange's Rules 16 and 43, which dictate how the proceeds from the sale of a defaulting member's membership are allocated, were arbitrary, violated constitutional guarantees and were inconsistent with insolvency law. The appellant …

UNION OF INDIA AND ORS.versusM.V. VALLIAPPAN AND ORS.

1999 INSC 289Appeal(s) allowed

The respondent, a Hindu Undivided Family (HUF) that was a partner in a firm, effected a partial partition on 13‑April‑1979 and the Income Tax Officer (ITO) recognised it under Section 171(2) of the Income Tax Act, 1961. For AY 1980‑81 the HUF filed a return excluding income from the partitioned …

THE STATE OF KERA LA AND ANR.versusTHE PULLANGODE RUBBER AND PRODUCE CO. LTD. ETC.

1999 INSC 291Appeal(s) allowed

The State of Kerala challenged the exemption claimed by Pullangode Rubber & Produce Co. Ltd. under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The company argued that land used for fire‑wood to its smoke‑houses and for workers, as well as wooded enclaves within its rubber …

COMMISSIONER OF INCOME TAX, LUDHIANAversusOM PRAKASH

1999 INSC 290Disposed off

The respondent, Om Prakash, was a partner in two partnership firms in his capacity as Karta of a Hindu Undivided Family (HUF). The Income Tax Officer included the share of income earned by his minor children in his total income under Section 64(1)(i) and (ii) of the Income Tax Act, 1961. The …

LAGHU UDYOG BHARATI AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 293Case Allowed

The petitioners, who use the services of goods transport operators and clearing‑and‑forwarding agents, challenged the validity of Service Tax Rules 2(d)(xii) and 2(d)(xvii) (as amended 1997) which made the customers or clients the “person responsible for collecting service tax”. They contended that …

K.S. SATYANARAYANAversusV.R. NARAYANA RAO

1999 INSC 294Appeal(s) allowed

The plaintiff paid Rs.1 lakh each to the property owner (defendant 1) and his agent (defendant 2) based on a written authorisation allowing the agent to sell the ground floor. The sale fell through; the agent returned Rs.50,000 but the owner refused to refund his share, denying any contractual …

M.I. BUILDERS PVT. LTD.versusRADHEY SHAYAM SAHU AND OTHERS

1999 INSC 288Dismissed

The Lucknow Nagar Mahapalika entered into a one‑sided agreement with M.I. Builders to construct an underground shopping complex on Jhandewala Park, a historic public park, without inviting tenders or obtaining required statutory approvals. The High Court held the agreement illegal, arbitrary and …

ARUN SHANKAR SHUKLAversusSTATE OF U.P. AND ORS.

1999 INSC 287Appeal(s) allowed

The accused were convicted of murder and related offences by a Sessions Court, which then scheduled a hearing on sentence. The accused failed to appear, leading the trial court to issue non‑bailable warrants. Instead of filing a statutory appeal, the accused filed a petition under Section 482 of the …

M.C.MEHTAversusUNION OF INDIA AND ORS. RE:AIRPORTS AUTHORITY OF INDIA LTD.

1999 INSC 285Disposed off

The Airports Authority of India (AAI) sought permission to install hot‑mix plants within the vicinity of Indira Gandhi International Airport to resurface its runways, arguing that the work is of national importance and that distant plants would compromise the quality of the mix and airport security. …

RAJATHIversusC. GANESAN

1999 INSC 286Appeal(s) allowed

The appellant wife filed a petition under Section 125 of the Criminal Procedure Code seeking maintenance, alleging that her husband, who had sufficient means, had neglected and refused to maintain her and was living with another woman. The husband contended that the wife could not prove a second …

UNION OF INDIA AND ORS.versusAPAR PRIVATE LTD. AND ORS.

1999 INSC 284Appeal(s) allowed

The respondents imported goods that were exempt from basic customs duty under a notification issued under Section 25(1) of the Customs Act when the goods entered Indian territorial waters and were stored in a bonded warehouse. When the goods were later removed from the warehouse, the exemption was …

JAIN BROTHERS AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 283Dismissed

The petitioners, Jain Brothers, who import automobile spare parts, challenged Section 3(2) of the Customs Tariff Act, 1975, on the ground that including customs duty in the valuation of imported goods for the purpose of levying an additional duty equal to excise duty was unconstitutional and ultra …

THE STATE OF PUNJABversusBALDEV SINGH

1999 INSC 282Disposed off

The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely …

INDIAN LABOUR CO-OPERATIVE SOCIETY LTD. AND ANRversusUNION OF INDIA AND ORS.

1999 INSC 281Disposed off

The Supreme Court examined whether the Central Government could, under Section 99(2) of the Multi State Co-operative Societies Act, 1984, grant an exemption to an individual – the President of the National Cooperative Union of India (NCUI) – from the personal disqualifications imposed by Sections 36 …

LOKMATNEWSPAPERS PVT. LTD.versusSHANKAR PRASAD

1999 INSC 279Dismissed

Lokmat Newspapers introduced photo‑type composing machines, rendering hand‑composing workers surplus. It issued a notice under Section 9‑A of the Industrial Disputes Act on 25 March 1982, after the machines were already in operation, and initiated conciliation proceedings which were closed at 4:35 …

PON ADITHANversusDEPUTY DIRECTOR, NARCOTICS CONTROL BUREAU, MADRAS/. I

1999 INSC 277Dismissed

Pon Adithan was convicted for possession of heroin under Sections 8(c) and 21 of the NDPS Act. The prosecution relied on the oral testimony of an Intelligence Officer who conducted the search, a confessional statement made by the accused while in the officer's custody, and forensic analysis of …

RENU BISOI AND ORS.versusGOUR CHANDRA PRADHAN AND ORS.

1999 INSC 278Appeal(s) allowed

The case concerned members elected to the Orissa Zilla Parishad who had not taken the oath of allegiance required under Section 36 of the Orissa Zilla Parishad Act, 1991. The statute mandates that the oath be taken within three months of election or at any one of the first three meetings of the …

UNION OF INDIA AND ORS.versusMOTION PICTURE ASSOCIATION AND ORS. ETC. ETC.

1999 INSC 274Disposed off

The Union of India and the States of West Bengal and Uttar Pradesh challenged provisions in the Cinematograph Act, 1952 and related state regulations that require cinema exhibitors to show short scientific, educational, documentary or news films and to pay a 1% rental fee to the Films Division. The …

STATE OF KERALAversusV. PADMANABHAN NAIR

1999 INSC 273Appeal(s) allowed

The respondent, a former Executive Engineer of the Kerala Public Works Department, was charged with defrauding the government by misappropriating steel rods, involving offences under Section 5(2) of the Prevention of Corruption Act, 1947 and IPC Sections 406, 409, 201, 109 and 120‑B. After his …

UNION OF INDIA AND ORS.versusANIL KUMAR AND ORS. ETC. ETC.

1999 INSC 271Dismissed

The case concerned the classification of pay scales and inter‑se seniority of Senior Scientific Assistants, Assistant Foremen and Chief Draughtsmen in the DRDO after the 1995 Technical Cadre Recruitment Rules created two pay grades for Senior Scientific Assistants based on an arbitration award. The …

HARYANA TELECOM LTD.versusSTERLITE INDUSTIRES (INDIA) LTD.

1999 INSC 272Dismissed

Haryana Telecom Ltd filed a winding‑up petition against Sterlite Industries before the Punjab & Haryana High Court. The petitioner then moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, seeking to have the dispute referred to arbitration on the basis of an existing …

RAJENDRA PRASADversusTHE NARCOTIC CELL THROUGH ITS OFFICER INCHARGE, DELHI

1999 INSC 269Dismissed

The appellant, Rajendra Prasad, was tried under the NDPS Act. After both sides had closed their evidence, the prosecution sought to re‑examine two witnesses under Section 311 of the Criminal Procedure Code to prove certain documents. The trial court allowed the resummoning, and the appellant …

BANK OF INDIA AND ANR.versusDEGALASURYANARAYANA

1999 INSC 270Case Partly allowed

Degla Suryanarayana, a middle‑management officer of Bank of India, was found fit for promotion in 1981 but the promotion was withheld due to pending criminal cases. After being acquitted, he sought promotion and was granted ad‑hoc promotion by the High Court, which also ordered a departmental …

AMANULLA KHAN KUDEATALLA KHAN PATHANversusSTATE OF GUJARAT AND ORS.

1999 INSC 267Dismissed

The appellant, Amanulla Khan, a member of a notorious gang, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 as a "dangerous person" after allegedly extorting money by threatening death and assaulting victims on three separate occasions. He challenged the detention, …

K.NARENDRAversusRIVIERA APARTMENTS (P) LTD.

1999 INSC 265Appeal(s) allowed

The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was …

J. JAYALALITHA ETC. ETC.versusUNION OF INDIA AND ANR.

1999 INSC 256Disposed off

The former Tamil Nadu Chief Minister J. Jayalalitha and several ministers challenged a Tamil Nadu Government notification that created three additional Sessions Courts in Chennai and appointed their judges as special judges to try corruption cases under the Prevention of Corruption Act, 1988 (PCA). …

BINA MURLIDHAR HEMDEV AND ORS.versusKANHAIYALAL LAKRAM HEMDEV AND ORS.

1999 INSC 257Appeal(s) allowed

The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various …

FOOD CORPORATION OF INDIAversusSREEKANTH TRANSPORT

1999 INSC 258Dismissed

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration …

GOVERNMENT OF KARNATAKAversusC. DINAKAR AND ORS.

1999 INSC 259Appeal(s) allowed

The case concerned the promotion and appointment of the fourth respondent as Director General and Inspector General of Police (DG & IGP) by a Karnataka Government notification dated 6 March 1997. The first respondent, an IPS officer, challenged the appointment alleging that the selection process was …

ARUN VYAS AND ANR.versusANITA VYAS

1999 INSC 260Case Partly allowed

The Supreme Court examined whether a magistrate could discharge accused persons after taking cognizance of offences under Sections 406 and 498‑A IPC when the complaint was filed beyond the statutory limitation period. The magistrate correctly discharged the accused on the Section 406 charge because …

SRI MAHENDRA NATH DAS @ SRI GOBIND DASversusSTATE OF ASSAM

1999 INSC 261Dismissed

The appellant, M.N. Das, was convicted under Section 302 IPC for the brutal murder of Hara Kanta Das, in which he struck the victim with a sword, amputated his hand and severed his head, and then carried the head to a police outpost. The Sessions Court sentenced him to death, a decision affirmed by …

P. PAULSAMYversusUNION OF INDIA & ANR.

1999 INSC 262Case Allowed

P. Paulsamy was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 to prevent alleged drug trafficking. He filed a representation against his detention on 26‑10‑1998, but the Government considered it only after a delay, finally …

SUBHASH CHANDER SHARMA.AND ANR. ETC.versusSTATE OF PUNJAB AND ORS.

1999 INSC 263Dismissed

The case concerned promotion of Junior Engineers/Overseers holding diplomas in engineering to the post of Assistant Engineer under the Punjab Service of Engineers, Class II (Irrigation Branch) Rules, 1941. A 1992 notification fixed promotion quotas, but the petitioners argued that Rule 5 required a …

UMAPATI CHOUDHARYversusSTATE OF BIHAR

1999 INSC 254Appeal(s) allowed

Umapati Chaudhary, a lecturer of Kameshwar Singh Darbhanga Sanskrit University, was deputed to the Bihar Sanskrit Shiksha Board as Controller of Examinations with the consent of the University, the Board and the Government. The Board later sought his permanent absorption, which the University …

N.S. GIRIversusCORPORATION OF CITY OF MANGALORE & ORS.

1999 INSC 255Dismissed

N.S. Giri, an Assistant Health Officer of Mangalore City Municipality, was governed by Rule 48 of the Karnataka Municipalities (Conditions of Service) Rules, 1972 which fixed the superannuation age at 55 years. An industrial dispute concerning whether the retirement age should be raised to 58 years …

BABURAOversusMANIKRAO AND ANR.

1999 INSC 249Dismissed

In the 1995 Maharashtra Legislative Assembly elections, both the appellant Baburao and the first respondent Manikrao filed nominations from Nilanga constituency. The respondent's name appeared in the electoral rolls of both Nilanga and Latur constituencies. Baburao objected, claiming that this dual …

HARENDRA H. MEHTA AND ORS.versusMUKESH H. MEHTA AND ORS.

1999 INSC 250Dismissed

Harendra Mehta and his family (appellants) and Mukesh Mehta and his family (respondents) were brothers who owned businesses and properties in India and the United States. They executed an arbitration agreement appointing their elder brother as arbitrator to divide the assets, and the arbitrator …

MARY ANGEL AND ORS.versusSTATE OF TAMIL NADU

1999 INSC 251Dismissed

The Supreme Court examined an appeal by accused A3‑A6 challenging a Madras High Court order that imposed Rs 10,000 costs on each of them for filing a frivolous revision under Section 482 of the Criminal Procedure Code (CrPC). The High Court had imposed the costs to deter abuse of process after the …

S. PRAKASH AND ANR.versusK.M. KURIAN AND ORS.

1999 INSC 252Appeal(s) allowed

The petitioners, selected by the Kerala Public Service Commission and placed on a select list in 1995, claimed that they should be appointed to Sales Tax Officer vacancies under the Special Rules, which required 20% of successive substantive vacancies to be filled by direct recruitment. The State …

A.K. SINGH AND ORS.versusUTTARAKHAND JAN MORCHA AND ORS.

1999 INSC 247Appeal(s) allowed

The Supreme Court examined the Allahabad High Court’s extensive directions issued in the wake of the 1994 Uttarakhand agitation, which ordered massive compensation to victims, large fund allocations for regional development, and pre‑emptive rulings on the need for sanction under Section 197 of the …

UCO BANK, CALCUTTAversusCOMMISSIONER OF INCOME TAX, WEST BENGAL

1999 INSC 248Appeal(s) allowed

UCO Bank had credited interest on loans whose repayment was doubtful to a suspense account and, following CBDT Circular No. F 201/21/84 TTA‑11 dated 9 Oct 1984, excluded that interest from its total income for AY 1981‑82. The Commissioner of Income Tax re‑included the amount, but the ITAT and the …

UNION OF PUBLIC SERVICE COMMISSIONversusGAURAV DWIVEDI AND ORS .

1999 INSC 253Appeal(s) allowed

The UPSC issued a notification for the 1988 Central Services Examination stating an approximate 740 vacancies, subject to alteration. After the written examinations, the final number of vacancies was reduced to 470, and consequently 940 candidates (twice the vacancies) were called for interview. The …

UNION OF INDIAversusHIMMAT SINGH CHAHAR

1999 INSC 242Appeal(s) allowed

Himmat Singh Chahar, a petty officer in the Indian Navy, was convicted by a Court Martial for outraging the modesty of a woman under Section 354 IPC and Section 77(2) of the Navy Act, receiving a nine‑month imprisonment and dismissal. He appealed to the Chief of Naval Staff and the Central …

RAM PRASADversusSTATE OF MAHARASHTRA

1999 INSC 243Disposed off

The case involved a mercenary killing where the victim Ramu Somani survived and gave a statement to a magistrate, which the prosecution treated as a dying declaration. The Supreme Court held that because the declarant was alive, the statement could not be admitted under Section 32 of the Evidence …

STATE OF HARYANAversusBHAGIRATH AND ORS.

1999 INSC 244Appeal(s) allowed

The father, Bhagirath, and his two nephews were convicted by the Sessions Court for the murder of Bhagirath's blind son, Subhram, under Section 302 read with Section 34 of the IPC. The High Court upheld the nephews' convictions but acquitted Bhagirath, invoking a "benefit of doubt" despite reliable …

K.C. SINGH DEOversusNILADRI SAHU (DEAD) BY LRS. AND ORS.

1999 INSC 245Appeal(s) allowed

The respondents applied for declaration as Raiyats under Section 4(1)(h) of the Orissa Land Reforms Act, 1960, claiming possession of vested land that had been transferred to the Government by the Orissa Estate Abolition Act, 1951. The appellant, K.C. Singh Deo, objected on the ground that the land …

BHAGWAN RAMA SHINDE GOSAI AND ORS.versusSTATE OF GUJARAT

1999 INSC 246Disposed off

The appellants were convicted by a trial court under Section 392 read with Section 397 of the Code of Criminal Procedure and sentenced to ten years’ rigorous imprisonment. They appealed to the Gujarat High Court, seeking suspension of the sentence, which was denied, and later also sought an …

JAI KUMARversusSTATE OF M.P.

1999 INSC 236Dismissed

Jai Kumar was convicted for the brutal murder of his pregnant sister‑in‑law and his eight‑year‑old niece, whom he killed after attempting to rape the former and then dismembering and displaying the bodies. The Sessions Court sentenced him to death under IPC 302 (with a concurrent seven‑year term …

RAM JANKIJEE DEITIES AND ORS.versusSTATE OF BIHAR AND ORS.

1999 INSC 237Appeal(s) allowed

The case concerned two Hindu deities, Ram Jankijee and Thakur Raja (also called Raja Rani), each of which had been the beneficiary of a separate deed of dedication of 81.14 acres of land, registered and placed in possession through shebaits. Under the Bihar Land Reforms (Fixation of Ceiling Area and …

BANOLATA MOHAPATRAversusSTATE OF ORISSA AND ORS.

1999 INSC 238Dismissed

The appellant and Respondent No.4 were appointed as lecturers on the same day at Kamla Nehru Women's College, Bhubaneswar. Eligibility for grant‑in‑aid required first‑class marks; the appellant later qualified, while Respondent No.4’s deficiency was condoned by the University and the State …

RAMESH CHAND BANSAL AND ANR.versusDISTRICT MAGISTRATE/COLLECTOR GHAZIABAD AND ORS.

1999 INSC 239Dismissed

The appellants challenged a circular dated 29 November 1991 issued by the Collector, which stipulated that land rates in Surajpur village would automatically increase by 20% after one year. They argued that the Collector, under Rule 340‑A of the U.P. Stamp Rules, could only fix a single circle rate …

HYDERABAD INDUSTRIES LTD. AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 234Disposed off

Hyderabad Industries Ltd. and another imported asbestos fibre before 1986 and were demanded additional customs duty under Section 3(1) of the Customs Tariff Act, 1975. The appellants argued that the fibre, obtained by merely separating it from the parent rock, was not a manufactured article and …

OLYMPUS SUPERSTRUCTURES PVT. LTD.versusMEENA VIJAY KHETAN AND ORS.

1999 INSC 240Dismissed

Olympus Superstructures Pvt. Ltd. entered into three main sale agreements for flats and three separate interior design agreements, each containing arbitration clauses. Disputes arose over payment, construction progress and interior work, and a sole arbitrator was appointed under the main agreements. …

SITA RAM SINGHANIAversusBANK OF TOKYO-MITSUBISHI LTD. AND ORS.

1999 INSC 241Dismissed

The petitioner, Sita Ram Singhania, challenged a stay order granted by the Allahabad High Court in a suit filed by banks before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The suit was instituted in the State of Madhya Pradesh, but …

ARVIND @ PAPPUversusSTATE (DELHI ADMINISTRATION)

1999 INSC 233Dismissed

Arvind @ Pappu (appellant) killed his co‑villager Ajaib Singh (deceased) by luring him with a promised job, taking him to his tailoring factory, and leaving him alone on a cutter's table where he was later found dead with a neck wound, scissors and blood stains. The prosecution relied solely on …

M/S. B.R. ENTERPRISES ETC. ETC.versusSTATE OF U.P. AND ORS. ETC. ETC.

1999 INSC 230Disposed off

The Supreme Court examined the constitutional validity of the Lotteries (Regulation) Act, 1998, particularly Section 5 which allows a State to prohibit the sale of lottery tickets organised by any other State. The Court held that State‑run lotteries remain gambling and cannot be classified as …

SRI BUDHIA SWAIN AND ORS.versusGOPINTH DEB AND ORS.

1999 INSC 231Dismissed

The appellants, twelve villagers, sought review of a 1966 settlement order passed by the Orissa Estates Abolition Collector in favour of a deity (respondent No.1) alleging that the public notice was not served as required. The Collector invoked Section 151 of the CPC to review the order, but the …

THE MUNICIPAL CORPORATION OF DELHIversusSMT. SUSHILA DEVI AND ORS.

1999 INSC 232Dismissed

The deceased was killed when a dead neem tree branch, standing on municipal property, fell on his scooter. The claimants sued the Municipal Corporation of Delhi (MCD) for negligence, seeking compensation. The High Court held MCD liable and awarded Rs. 90,000, which was later enhanced to Rs. 1,44,000 …

SHRI MUNIR ALAMversusUNION OF INDIA AND ORS.

1999 INSC 229Case Allowed

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry …

VALLAPALLY PLANTATIONS PVT. LTD.versusSTATE OF KERALA

1999 INSC 226Appeal(s) allowed

Vallapally Plantations Pvt Ltd owned 130.47 acres and claimed that 125 acres were exempt from ceiling‑area calculations because they were rubber plantation as of 1 January 1970 under the Kerala Land Reforms Act. The Taluk Land Board rejected the claim, held a surplus of 115.17 acres and ordered …

RANJIT SINGHversusHARMOHINDER SINGH PRADHAN

1999 INSC 227Dismissed

In the 1997 Punjab Legislative Assembly election, Ranjit Singh (appellant) lost to Harmohinder Singh Pradhan (respondent). Singh filed an election petition alleging that Pradhan was disqualified under Section 9‑A of the Representation of People Act, 1951 because he held a subsisting contract for the …

UNION OF INDIA AND ANR.versusM/S JAGJIT INDUSTRIES AND ANR.

1999 INSC 228Dismissed

The Union of India appealed a Punjab & Haryana High Court order that set aside a non‑speaking award given by an arbitrator under Section 7‑B of the Telegraph Act, 1885, on the ground that the award lacked reasons. The respondents had challenged the award by a writ petition under Article 226 of the …

M.R.F. LTD.versusJAGDISH LAL AND ANR.

1999 INSC 225Dismissed

The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required …

SURINDRA NATH MOHANTHY AND ANR.versusSTATE OF ORISSA

1999 INSC 217Case Partly allowed

Surindra Nath Mohanty and another were convicted under Sections 307, 326, 325, 324 and 323 read with Section 34 of the IPC. The Orissa High Court set aside the conviction under Section 307 but upheld the others, rejecting the appellants' request to compound the offences on the ground that the …

R.E.M.S. ABDUL HAMEEDversusGOVINDARAJU AND ORS.

1999 INSC 218Dismissed

The case concerned two parcels of land, Mela and Kizha Thattimal Padugai, which were originally granted as inams in 1862 and later merged into the village of Arayapuram Thattimal Padugai. The respondents sought a declaration that the lands formed a new inam estate covered by the Tamil Nadu Inam …

PUNJAB COMMUNICATIONS LTD.versusUNION OF INDIA AND ORS.

1999 INSC 219Dismissed

Punjab Communications Ltd (PCL) had been shortlisted for a digital wireless telecom tender in Eastern Uttar Pradesh that was to be funded by an Asian Development Bank (ADB) soft loan. PCL alleged that senior officials conspired to sabotage the loan and the tender so that a multinational could supply …

STATE BANK OF INDIA AND ORS.versusT.J. PAUL

1999 INSC 220Case Partly allowed

The respondent, a former manager of the Bank of Cochin, was charged with sanctioning loans without adequate security or prior approval between 1977-81, leading to a departmental inquiry that found him guilty of gross negligence, a form of gross misconduct under the Bank of Cochin Service Code. The …

MR. JUSTICE DEOKI NANDAN AGARWALAversusUNION OF INDIA AND ANR.

1999 INSC 216Dismissed

A High Court judge filed an income‑tax return asserting that his constitutional salary was not taxable under the Income Tax Act, 1961. The tax authorities rejected his claim and the matter reached the Supreme Court on a special leave petition. The Court considered whether the salaries payable under …

STATE OF KERALAversusBABU AND ORS.

1999 INSC 221Dismissed

In a Sessions trial, the accused sought to summon the police case diary of a different investigation (Cr. No.81/91) to confront a witness (PW‑5) with his earlier statement recorded under Section 161, and also prayed to recall the witness. The Sessions Judge allowed the application, but the State of …

RAJASTHAN AGRICULTURAL UNIVERSITYversusRAM KRISHNA VYAS

1999 INSC 222Dismissed

The respondent, a retired employee of Rajasthan Agricultural University, claimed that his gratuity should be calculated on his last drawn pay including dearness allowance (DA) and ad‑hoc DA, whereas the university argued that only basic pay should be considered, relying on resolutions adopting …

K. KARUPPANNANversusSECRETARY TO THE GOVERNMENT OF TAMIL NADU AND ORS.

1999 INSC 223Appeal(s) allowed

The appellant, originally appointed as Junior Assistant in Market Committee X, was transferred and appointed as Supervisor in Market Committee Y under Rule 203 of the 1962 Rules and later regularised with satisfactory completion of probation. In 1991 the Government issued an order treating each …

M/S. SIL IMPORT, USAversusM/S. EXIM AIDES SILK EXPORTERS, BANGALORE

1999 INSC 214Appeal(s) allowed

Sil Import USA issued post‑dated cheques that were returned for insufficient funds. Exim Aides Silk Exporters sent a notice of demand to the drawer by fax on 11‑June‑1996 and again by registered post on 25‑June‑1996. A complaint under Section 138 of the Negotiable Instruments Act was filed on …

STATE OF HARYANAversusTEK SINGH AND ORS.

1999 INSC 215Appeal(s) allowed

The State of Haryana appealed against the Punjab & Haryana High Court’s acquittal of five of eight accused in a murder case involving Tek Singh and Gurdev Singh. The Sessions Court had convicted all eight under Sections 148, 149, 302 and 449 IPC based on eye‑witness testimony, medical reports and …

NEPC MICON LTD. AND ORS.versusMAGMA LEASING LTD.

1999 INSC 211Dismissed

The appellant NEPC Micon Ltd. and its directors issued five cheques to the respondent Magma Leasing Ltd. which were returned by the bank with the endorsement "account closed." The respondent instituted criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. The appellants …

HANDLOOM HOUSE ERNAKULAMversusREGIONAL DIRECTOR, ESI

1999 INSC 212Appeal(s) allowed

Handloom House, a co‑operative society, paid its employees incentive bonuses and sales commissions in addition to regular wages. The Employees State Insurance Corporation (ESIC) claimed that these payments were "wages" under Section 2(22) of the Employees State Insurance Act, 1948 and demanded …

ARUMUGHAM (DEAD) BY LRS. AND ORS.versusSUNDARAMBAL AND ANR.

1999 INSC 213Appeal(s) allowed

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first …

DATTATRAYA LAXMAN KAMBLEversusABDUL RASUL MOULIALI KOTKUNE AND ANR.

1999 INSC 209Appeal(s) allowed

The landlord, who owned a shop room, sought eviction of his tenant to start an electrical goods business, claiming a diploma in Electrical Engineering but no prior experience. The trial court denied eviction, while the appellate court ordered eviction under Section 13(1)(g) of the Bombay Rents, …

M/S NIRULAS CORNER HOUSE PVT. LTD.versusCOLLECTOR OF CUSTOMS, BOMBAY

1999 INSC 210Dismissed

Mis Nirulas Corner House Pvt. Ltd. imported a continuous ice‑cream freezer together with machines described as Can Filler, Fruit Feeder and Ripple Machine. The importer claimed the latter were merely accessories to the freezer and should be classified under heading 84.15(1) of the Customs Tariff …

M/S. V.V.S. SUGARS ETC. ETC.versusGOVT. OF ANDHRA PRADESH AND ORS.

1999 INSC 207Appeal(s) allowed

The case involved V.V.S. Sugars challenging the levy of interest on tax arrears under Rule 45(4) after the amendment of Section 21(3D) of the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1961. The Andhra Pradesh High Court had held that the amendment applied only to the 1975‑76 …

STATE OF M.P. AND ANR.versusSMT. ABHA SETHI ETC.

1999 INSC 208Appeal(s) allowed

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court order that held video games in video parlours were not liable to entertainment tax under the MP Entertainments Duty and Advertisement Tax Act, 1936. The High Court had relied on the decision in Harrish Wilson v. State of MP, …

K. VENKATACHALAMversusA. SWAMICKAN AND ANR.

1999 INSC 203Dismissed

In the 1984 Tamil Nadu Legislative Assembly election, K. Venkatachalam was declared elected despite not being an elector in the Lalgudi constituency, having impersonated another person of the same name. The defeated candidate, A. Swamickan, filed a writ petition under Article 226 seeking a …

SUPERINTENDING ENGINEER AND ORS.versusB. SUBBA REDDY

1999 INSC 204Appeal(s) allowed

The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate …

P. NAVIN KUMAR AND ORS. ETCversusBOMBAY MUNICIPAL CORPORATION AND ORS.

1999 INSC 206Disposed off

The Indian Heritage Society filed a public‑interest writ in the Bombay High Court seeking to quash permissions granted to the Bombay Municipal Corporation for constructing a new public toilet block near the Gateway of India and to demolish an existing block. The High Court dismissed the petition, …

SHRI ALVARO NORONHA FERRIERA & ANR.versusUNION OF INDIA AND ORS.

1999 INSC 199Appeal(s) allowed

The appellants, District and Sessions Judges serving in the Union Territory of Goa, claimed that their pay should have been increased in line with the raise granted to their counterparts in the Union Territory of Delhi in 1982. The High Court dismissed their writ petition, holding that they had not …

OIL AND NATURAL GAS COMMISSIONversusM/S M.C. CLELLAND ENGINEERS S.A.

1999 INSC 200Dismissed

The Oil and Natural Gas Commission (ONGC) appealed a decree based on an arbitral award that required M.C. Clelland Engineers to pay the principal amount plus interest at 12% and an additional interest on that interest. The appellant argued that the arbitrators had no power to award interest on …

BRIJ RAJ SINGH (DEAD) BY LRS. AND ORS.versusSEWAK RAM AND ANR.

1999 INSC 197Appeal(s) allowed

The plaintiff, legal representatives of the deceased Brij Raj Singh, sued the defendants for possession of land on the basis of a registered gift deed dated 18‑Jan‑1961, executed by the donor Kanwar Chander Raj Saran Singh and presented for registration by a duly authorised attorney. The trial court …

STATE OF RAJASTHAN AND ANR.versusM/S. MAHAVEER OIL INDUSTRIES AND ORS.

1999 INSC 196Disposed off

The State of Rajasthan, under the Rajasthan Sales Tax Act, 1954, issued an incentive scheme in 1987 exempting new industrial units, including oil extraction and manufacturing, from sales tax. In 1990 the State withdrew this exemption for oil industries by a notification issued under both the …

RAJA SOMASEKHAR CHIKKA AND ANR.versusM. PADURAVATAMMA AND ORS. ETC.

1999 INSC 198Dismissed

The appellants, sons of the last Zamindar of the impartible Punganur Estate, filed suits for partition alleging that alienations made by their father before the estate was taken over by the Government under the Madras Estate (Abolition and Conversion into Ryotwari) Act, 1948 were not binding. The …

ALLAHABAD BANK ETC. ETC.versusBENGAL PAPER MILLS CO. LTD. AND ORS.

1999 INSC 194Appeal(s) allowed

Allahabad Bank and other banks appealed against the Calcutta High Court's confirmation of a sale of Bengal Paper Mills' assets by the Official Liquidator. The sale, valued at Rs. 1.5 crore and later raised to Rs. 2 crore, was conducted with limited newspaper advertisements, without disclosing the …

PAWAN KUMAR GUPTAversusROCHIRAM NAGDEO

1999 INSC 195Appeal(s) allowed

The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender …

STATE OF HARYANAversusS.K. SINGHAL

1999 INSC 191Dismissed

The respondent, a medical officer, gave a three‑month notice of voluntary retirement on 16 August 1995 after completing twenty years of qualifying service under Rule 5.32(B) of the Punjab Civil Service Rules. The State of Haryana sought to compel him to resume duty, arguing that his absence during …

KONDIBA DAGADU KADAMversusSAVITRIBAL SOPAN GUJAR AND ORS.

1999 INSC 192Appeal(s) allowed

Kondiba Dagadu Kadam filed a suit for specific performance of a sale agreement which was dismissed by the trial court. The first appellate court reversed the dismissal, relying on two attesting witnesses who testified that the agreement was executed by thumb impression. The High Court, on a second …

DALMIA CEMENT LTD., RAJASTHANversusCOMMISSIONER OF INCOME TAX, NEW DELHI

1999 INSC 193Appeal(s) allowed

Dalmia Cement Ltd., owner of two cement factories in Pakistan, entered into a sale agreement on 24 July 1962 and a supplemental agreement on 2 November 1962 that stipulated profits and losses from the factories after 30 September 1962 would be credited to the buyer, Mr. Maneckji. The actual transfer …

HIMACHAL PRADESH STATE ELECTRICITY BOARDversusR.J. SHAH AND COMPANY

1999 INSC 187Dismissed

The Supreme Court considered an arbitration award arising from a construction contract for the Giri Hydel project, where the contractor claimed price revision after the total work exceeded a 20% deviation limit. The arbitrators were tasked with interpreting the contract clauses on rate revision and …

T.M. JACOBversusC. POULOSE AND ORS.

1999 INSC 186Dismissed

The appellant, T.M. Jacob, was elected to the Kerala Legislative Assembly and faced an election petition filed by C. Poulose alleging corrupt practices. The petition included an affidavit in Form 25, but the copy of the affidavit served on Jacob omitted the notary’s name, address, stamp and seal, …

MITRANGSHU ROY CHOUDHARY AND ORS.versusUNION OF INDIA AND ORS.

1999 INSC 188Dismissed

Five trade apprentices of the North Eastern Railway, who completed their apprenticeship as fitters under the Apprentices Act, 1961, were initially appointed as temporary Fitters (Group C) on 28 May 1990. On 7 June 1990, the Railway cancelled these appointments and placed them in Group D posts …

UNION OF INDIA AND ORSversusNO. 664950 IM HA VILDAR/CLERK SC BAGARI

1999 INSC 189Appeal(s) allowed

The petitioner, a Havildar/Clerk in the Indian Army, challenged Army Order No. 11 of 1987 which limited the grant of study leave to regular commissioned officers, alleging discrimination under Articles 14 and 16 of the Constitution. The Union of India contended that study leave is intended to …

COMMISSIONER OF INCOME TAX, KARNATAKAversusSTERLING FOODS, MANGALORE

1999 INSC 190Appeal(s) allowed

The appellant, Sterling Foods, a firm engaged in processing and exporting seafood, earned import entitlements under a government export promotion scheme and sold them, including the sale proceeds in its total income. It claimed a deduction under Section 80HH of the Income Tax Act, 1961, arguing that …

JASBIR SINGHversusLT. GOVERNOR, DELHI AND ANR.

1999 INSC 185Dismissed

Jasbir Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 25 March 1994 and the grounds of detention were served on 30 March 1994. He filed representations to the Advisory Board and separately to the Central Government, …

THE COMMISSIONER OF INCOME TAXversusM/S CYNAMID INDIA LTD.

1999 INSC 179Dismissed

The Commissioner of Income Tax appealed against a judgment allowing Mis Cynamid India Ltd. to claim deductions under Sections 35B and 35C of the Income‑Tax Act for expenses incurred in distributing agricultural literature and for export promotion. The assessee uses rice husk, obtained by de‑husking …

STATE THROUGH SUPDTT. CENTRAL JAIL, NEW DELHIversusCHARULATA JOSHI AND ANR.

1999 INSC 180Disposed off

A news magazine sought permission from the Additional Sessions Judge to interview an under‑trial prisoner, Babloo Srivastava, in Tihar Jail. The Sessions Judge granted a blanket permission, which the High Court modified by imposing conditions that the prisoner must consent and the interview must not …

AHMED BIN SALEMversusSTATE OF ANDHRA PRADESH

1999 INSC 181Appeal(s) allowed

The appellant was accused of throwing bombs that injured a shopkeeper and caused the deaths of two persons. His name did not appear in the FIR or in the initial police statements recorded under Section 161 of the CrPC, but was later added during trial. The prosecution’s case relied on three …

RAJA T BARAN ROY ETC.versusSTATE OF WEST BENGAL AND ORS.

1999 INSC 177Appeal(s) allowed

The petitioners, members of the West Bengal Higher Judicial Service, were compulsorily retired at age 58 by orders of the Governor, allegedly on the basis of a High Court pre‑retirement assessment and the State's power under Rule 75(aa). They contended that the retirement age had been raised to 60 …

S.M JAHUBAR SATHIKversusSTATE OF TAMIL NADU AND ORS.

1999 INSC 182Appeal(s) allowed

The appellant, S.M. Jahubar Sa Thik, was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 4 November 1997 and a declaration under Section 9(1) was made on 27 November 1997. He filed a writ petition under Article 226 of the …

JAGDISH DUTT AND ANR.versusDHARAM PAL AND ORS.

1999 INSC 175Dismissed

The appellants filed a suit for ejectment against the respondents for arrears of rent and sub‑letting, and obtained a decree for possession of the premises. In the execution proceedings the second respondent claimed to have purchased the undivided interest of certain coparceners of the Hindu …

M/S CIPLA LTD. AND ORS.versusRIPU DAMAN BHANOT AND ANR.

1999 INSC 176Appeal(s) allowed

Cipla Ltd. terminated medical representative Ripu Daman Bhanot after a departmental enquiry found him guilty of submitting a false daily report, a misconduct under Rule 14 of the company's service rules. The Labour Court held the termination illegal, reasoning that Bhanot was denied assistance of an …

DELTA INTERNATIONAL LTD.versusSHYAM SUNDER GANERIWALLA AND ANR.

1999 INSC 172Appeal(s) allowed

Delta International Ltd., the successor to Dewar's Garage, entered into a 1970 leave‑and‑license deed with ESSO allowing Shyam Sunder Ganeriwalla to operate a petrol station on premises it leased from Mallika Investment Co. The deed expressly stated it was a licence and not a lease, and any …

STATE OF ORISSAversusORIENT PAPER AND INDUSTRIES LTD.

1999 INSC 173Dismissed

The State of Orissa and Orient Paper & Industries Ltd entered into an agreement granting exclusive rights to fell bamboos, which later gave rise to disputes over the measurement of bamboo quantities. The parties referred three specific questions to an arbitrator: the correctness of the Chief …

STATE OF MAHARASHTRA AND ORS.versusCHHAYA AND ORS.

1999 INSC 174Dismissed

The petitioners challenged a High Court order on the interpretation of Section 5(4)(a) of the Administrative Tribunals Act, 1985, contending that a Chairman who is a Judicial Member could also act as an Administrative Member on another bench. The Supreme Court examined the language of the provision, …

STATE OF ORISSA ETC.versusS.K. AGARWALLA ETC

1999 INSC 164Matter referred to larger bench

The Supreme Court heard Civil Appeals No. 710-711 of 1991 filed by the State of Orissa and others against S.K. Agarwala and others, concerning an arbitrator's award of interest for the pre‑reference period. The core issue was whether the arbitrator could award such interest. The Court noted that …

G. GOVINDANversusNEW INDIA ASSURANCE CO. LTD. AND ORS.

1999 INSC 165Appeal(s) allowed

The appellant purchased a bus from the fourth respondent but neither party gave the insurer the notice required under Section 103A of the Motor Vehicles Act, 1939. After the bus met with an accident, two third parties claimed compensation. The Motor Accident Claims Tribunal held the insurer liable …

MANOJ@ BHAU AND ORS.versusSTATE OF MAHARASHTRA

1999 INSC 166Dismissed

Six men were tried for assaulting and killing Raju amid a political rivalry. The prosecution alleged that the accused formed an unlawful assembly and, using various weapons, repeatedly struck the victim, leading to his death. Eye‑witness testimony of the victim's parents identified A1 as wielding a …