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A M AHMADI

328 judgments · newest first · showing 201–328

HICO PRODUCTS LTD.versusCOLLECTOR OF CENTRAL EXCISE

1994 INSC 167

HICO Products Ltd., a manufacturer of medicinal silicone products such as dimethicone and simethicone, claimed that these goods should be classified under the residuary Tariff Item 68 and therefore be exempt from excise duty under government notifications of 1982. The Central Excise authorities …

STATE OF SIKKIMversusSURENDRA PRASAD SHARMA AND ORS. ETC. ETC.

1994 INSC 162Appeal(s) allowed

The State of Sikkim terminated the services of several non‑local employees appointed under temporary posts, invoking Rule 4(4) of the Sikkim Government Establishment Rules, 1974, which gave preference to Sikkimese nationals. The employees challenged the terminations before the Sikkim High Court, …

A. NEELALOHITHADASAN NADARversusGEORGE MASCRENE AND OTHERS

1994 INSC 150Dismissed

The appellant, A. Neelalohithadasan Nadar, was declared elected from the Kovalam Assembly seat, but the first respondent, George Mascrene, filed an election petition alleging double voting and void votes under Section 62(4) of the Representation of People Act, 1951. The Kerala High Court inspected …

S.N. THAPAversusSTATE OF MAHARASHTRA

1994 INSC 141Disposed off

The appellant, an Additional Collector of Customs, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in the Bombay bomb blast case for allegedly colluding with smugglers to import arms and explosives. The Designated Court dismissed his bail application under Section …

SUBHASH DESAIversusSHARAD J. RAO AND ORS.

1994 INSC 136Dismissed

Subhash Desai, elected from Goregaon as a Shiv Sena candidate, was challenged by Sharad J. Rao of Janata Dal for alleged corrupt practices. The election petition alleged that Desai had appealed to voters on religious grounds, published a false newspaper report to vilify Rao, and incited communal …

K.T. HUCHEGOWDAversusDEPUTY COMMISSIONER AND ORS.

1994 INSC 120Disposed off

The father of the third respondent was granted four acres of land by the Karnataka Government in 1957 with a condition that it could not be alienated for fifteen years. He illegally transferred two acres to Ismail Saheb in 1965, who later sold the land to the appellant in 1979, before the Karnataka …

UNION OF INDIAversusP.N. MENON AND ORS.

1994 INSC 118Appeal(s) allowed

The Union of India appealed against a High Court order that had upheld a writ petition filed by retired government servants (P.N. Menon and others) who argued that Office Memorandum No. F‑19(4)‑E.V./79 of 25 May 1979, which treated a portion of dearness allowance as "dearness pay" for pension and …

S.R. BOMMAIversusUNION OF INDIA AND ORS.

1994 INSC 111

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, …

S.P. VAITHIANATHANversusK. SHANMUGANATHAN

1994 INSC 99Appeal(s) allowed

The appellant, an arrack shop in‑charge, complained to senior police officials that the Additional Superintendent of Police, K. Shanmuganan, was colluding with illicit distillers. The respondent summoned the appellant, beat him and later tortured him. The appellant filed a criminal complaint under …

STATE OF HARYANAversusHARI RAM YADAV AND ORS.

1994 INSC 15Appeal(s) allowed

Hari Ram Yadav, an IFS officer of the Haryana cadre, was suspended during pending disciplinary proceedings. He challenged the suspension order before the Central Administrative Tribunal, arguing that the order did not state that the Governor of Haryana was satisfied that suspension was necessary or …

U.P. PUBLIC SERVICE COMMISSION, UTTAR PRADESH, ALLAHABAD AND ANR.versusALPANA

1994 INSC 11Appeal(s) allowed

The Uttar Pradesh Public Service Commission advertised for the post of Munsif, requiring candidates to possess a law degree by the application deadline of 20 August 1988. Alpana applied stating she was awaiting her law degree result, which was declared only in October 1988. The Commission allowed …

MAKAR DHWAJ PAL AND ORS. ETC.versusSMT. NEERA YADAV AND ANR. ETC.

1994 INSC 1Disposed off

The Supreme Court heard contempt petitions filed by Assistant Conservators of Forest (direct recruits and promotees) who alleged that the Uttar Pradesh Government had violated the Court's earlier directions in Keshav Chander Joshi v. Union of India regarding the fixation of inter se seniority. The …

T.V. NATARAJ AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1993 INSC 390Dismissed

The appellants, holders of inter‑state stage‑carriage permits between Karnataka and Tamil Nadu, had their permits cancelled after the Anekal Pocket Scheme of 1959 was notified under Section 68‑C of the Motor Vehicles Act, 1939, which excluded private operators from certain routes. They contended …

JAENENDRA KUMAR PHOOLCHAND DAFTARIversusRAJENDRA RAMSUKH MISHRA

1993 INSC 384

The appellant, J.P. Daftari, was elected Sarpanch of Seloo Gram Panchayat by secret ballot, but the election was set aside by the Collector because no member had demanded a secret ballot, as required by Rule 10(2) of the Bombay Village Panchayat (Sarpanch and Upa‑Sarpanch) Election Rules, 1964. The …

M. JANARDHAN AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1993 INSC 379Appeal(s) allowed

The appellants, who were temporarily appointed as Health Inspectors between 1958 and 1962, challenged the Andhra Pradesh Government's order that retrospectively regularised the services of temporary promotee Health Inspectors (respondents No. 4‑121) under Rule 37(e) of the Public Health Subordinate …

SHRI DEVENDRA MANAGEMENT TRAINEES AND ORS.versusPUNJAB NATIONAL BANK

1993 INSC 380Dismissed

The appellants, members of Scheduled Castes and Scheduled Tribes employed in the clerical cadre of Punjab National Bank, were selected as Management Trainees on the condition of two years of training and subsequent confirmation based on a bank test and examination. While they were on training, the …

UNION OF INDIA AND ANR.versusAMRIK SINGH AND ORS.

1993 INSC 333Appeal(s) allowed

The Supreme Court examined whether the administrative instructions issued by the Comptroller and Auditor General (CAG) on 21 March 1978, which prescribed a minimum period of service for Section Officers to be eligible for promotion to Accounts Officer, were inconsistent with the Indian Audit & …

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANR.versusUNION OF INDIA

1993 INSC 318Disposed off

This public interest litigation concerned the appointment of judges to the Supreme Court and High Courts, and the transfer of High Court judges. The case was referred to a nine-judge bench to reconsider the majority view in S.P. Gupta v. Union of India (1982), which held that the Central Government …

DR. H. MUKHERJEE AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 312Appeal(s) allowed

Dr. H. Mukherjee and others challenged the decision of the Appointments Committee of the Cabinet (ACC) to reject the Union Public Service Commission’s (UPSC) recommendation for S.K. Bhargava as Chief Controller of Explosives. The ACC had relied on an adverse remark in Bhargava’s 1987 Confidential …

THE SECRETARY AND COMMISSIONER, HOME DEPARTMENT AND ORS.versusR. KIRUBAKARAN

1993 INSC 303Appeal(s) allowed

R. Kirubakaran entered the Tamil Nadu police service in 1958 with his date of birth recorded as 9‑8‑1934, giving a superannuation date of 8‑8‑1992. In August 1991, about a year before retirement, he applied to have his date of birth altered to 9‑8‑1936. After an initial rejection, he approached the …

THE STATE OF KARNATAKA AND ORS. ETC. ETC.versusB.V. THIMMAPPA AND ORS. ETC. ETC.

1993 INSC 271Disposed off

The Supreme Court examined whether government servants in Karnataka who were promoted to higher posts during the period allowed for passing the Service and Kannada Language Examinations, but failed to pass those exams, could be reverted to their earlier posts. The Court held that Section 4 of the …

SUBODH KUMAR GUPTAversusSHRIKANT GUPTA AND ORS.

1993 INSC 270Dismissed

The plaintiff, a partner in a firm whose head office was in Bombay and factory in Mandsaur, filed a suit in the Chandigarh Court seeking dissolution of the partnership and rendition of accounts, alleging that the firm had a branch office in Chandigarh. The defendants contended that the Chandigarh …

CAPTAIN VIRENDER KUMARversusUNION OF INDIA AND ORS.

1993 INSC 263Dismissed

Captain V. Kumar, an advocate, filed a public interest petition before the Supreme Court alleging the need to cleanse the judiciary and seeking suo motu contempt action against the Registry. The Court observed that the petition was drafted in undignified language, contained unwarranted adjectives, …

SHYAM NANDAN PRASAD AND ORS.versusSTATE OF BIHAR AND ORS.

1993 INSC 262Appeal(s) allowed

The Bihar Finance Service House Construction Cooperative Society, a cooperative society of land‑less members, applied to the State Government for acquisition of 59.95 acres to provide housing. The Government issued a Section 4 notification, entertained objections under Section 5A, and then declared …

MOHAMMED ANISversusUNION OF INDIA AND ORS.

1993 INSC 240Dismissed

In 1991 an incident in Pilibhit, Uttar Pradesh, resulted in ten deaths and was reported as police‑militant encounters, prompting allegations of police involvement. A writ petition under Article 32 was filed seeking a CBI investigation, and the Supreme Court ordered the CBI to investigate, …

G.S. VENKAT AND ORS. ETC. ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.

1993 INSC 239Disposed off

The State of Andhra Pradesh, barred from direct recruitment by a 1970 ban, filled engineering vacancies by temporary appointments under Rule 10(a)(i)(1) and later regularised many of these employees through G.O. No. 647 (1979). Supervisors who obtained engineering degrees were redesignated as Junior …

HARBANS LALversusCOLLECTOR OF CENTRAL EXCISE & CUSTOMS, CHANDIGARH

1993 INSC 230Dismissed

Harbans Lal was arrested in March 1970 and a large quantity of gold and currency was seized under Section 110 of the Customs Act, 1962. The Collector extended the six‑month seizure period by another six months through an ex‑parte order without giving the appellant notice or a hearing, and later …

JAIN EXPORTS PVT. LTD. AND ANR.versusUNION OF INDIA AND ORS.

1993 INSC 227Dismissed

The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs …

D.V. BAKSHIversusUNION OF INDIA AND ORS.

1993 INSC 236Dismissed

The petitioners, who held temporary licences as Customs House Agents, were denied regular licences after failing to pass the written and oral examinations prescribed under the Customs House Agents Licensing Regulations, 1984. They challenged (i) the interpretation of Regulations 8 and 9, arguing …

FOOD CORPORATION OF INDIA AND ORSversusE. KUTTAPPAN

1993 INSC 221Appeal(s) allowed

The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed …

UNION OF INDIA AND ANR.versusBRIJ FERTILIZERS PVT. LTD.

1993 INSC 206Dismissed

The respondents, small‑scale manufacturers of single super‑phosphate (SSP) fertilizer, were entitled to a government subsidy provided they met the standards prescribed in the Fertilizer (Control) Order, 1985 under the Essential Commodities Act, 1955. The Government of Madhya Pradesh commissioned …

R.K.JAINversusUNION OF INDIA AND ORS.

1993 INSC 204Disposed off

The petitioners, led by R.K. Jain, sought the immediate appointment of a senior High Court judge as President of the Customs, Excise and Gold Control Appellate Tribunal (CEGAT) and an enquiry into alleged mal‑functioning. The government appointed Harish Chander, a senior vice‑president of the …

GOUTAM KUNDUversusSTTE OF WEST BENGAL AND ANR.

1993 INSC 214Dismissed

Goutam Kundu, husband of the second respondent, was ordered to pay maintenance under s.125 CrPC to his wife and their child. He contested the child's paternity and applied for a blood‑group test of the wife and child, arguing that proof of non‑paternity would relieve him of the maintenance …

PRITHVICHAND RAM CHAND SABLOKversusS.Y. SHINDE

1993 INSC 199Appeal(s) allowed

The landlord filed an eviction suit under Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which was settled by a compromise decree granting the tenant a grace period to pay arrears and vacate by 10 October 1970, with a concession that the landlord would not …

RATAN CHANDRA SAMMANTA AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 201Dismissed

The petitioners, former casual labourers of the South Eastern Railway appointed between 1964‑69 and retrenched between 1975‑78, sought inclusion in the live casual labour register and re‑employment according to seniority, also requesting that vacancies not be filled from the open market. They relied …

GAINDA RAM AND ORS. ETC.versusM.C.D. TOWN HALL AND ORS. ETC.

1993 INSC 195Disposed off

The Supreme Court examined the scheme devised by the Delhi Municipal Corporation (MCD) for granting Tehbazari (market) permission to squatters and hawkers under the Delhi Municipal Corporation Act. The Court clarified that the MCD's sub‑classification of squatters—those possessing a survey‑report …

STATE OF WEST BENGALversusFALGUNI DUTTA AND ANOTHER

1993 INSC 182Case Partly allowed

The State of West Bengal prosecuted Falguni Dutta and another for contravening orders under the Essential Commodities Act, 1955. The respondents were arrested on 16 March 1984, but the charge‑sheet was filed after the statutory six‑month period, and the Special Court under Section 12A took …

USHA K. PILLAIversusRAJ. K. SRINIVAS AND ORS.

1993 INSC 174Disposed off

The appellant, Usha Pillai, was appointed guardian of her granddaughter Nivedita after the child's mother committed suicide. The child's father, R.K. Srinivas, abducted the child and took her to the United States, leading the appellant to file a kidnapping complaint. During the criminal trial, the …

INACIO MARTINS DECEASED THROUGH LRS.versusNARA YAN HARI NAIK AND ORS.

1993 INSC 145Appeal(s) allowed

Inacio Martins filed a suit for declaration and injunction concerning his tenancy of a coconut grove, which was dismissed because he was not in possession. He subsequently filed a suit for restoration of possession, alleging unlawful dispossession by the defendants. The defendants contended that the …

STATE OF ORISSA AND ORS. ETC.versusSUKANTI MOHAPATRA AND ORS. ETC.

1993 INSC 106Disposed off

The Orissa Ministerial Service Rules, 1975 required recruitment of Lower Division Assistants through competitive exams, but many were appointed without complying with the rules and later regularised by government orders invoking Rule 14. The appellants challenged the regularisation and the seniority …

GOVERNMENT OF ANDHRA PRADESH ETC. ETC.versusP. DILIP KUMAR AND ANR. ETC. ETC.

1993 INSC 36

The Andhra Pradesh Public Service Commission advertised 60 vacancies for Deputy Executive Engineers and, following Rule 4 of the Andhra Pradesh Engineering Service Rules, gave preference to candidates with post‑graduate qualifications. Graduates who scored higher marks were excluded, leading to …

YASHWANT SINGH KOTHARI ETC. ETC.versusSTATE BANK OF INDORE AND ORS.

1993 INSC 17Dismissed

The appellants, former employees of Bank of Indore Limited who were transferred to the State Bank of Indore under the State Bank of India (Subsidiary Banks) Act, 1959, were retired after completing 30 years of service, before reaching the statutory retirement age of 58 prescribed in Section 11(1) of …

KISHUN SINGH AND ORS.versusSTATE OF BIHAR

1993 INSC 5Dismissed

The appellants, Kishun Singh and others, were not named in the charge‑sheet filed after a police investigation of a murder, but were listed in the FIR. The Sessions Judge, after the case was committed to his court under Section 209 of the CrPC, impleaded them as co‑accused under Section 319 before …

S.V. CHANDRA PANDIAN AND ORS.versusS.V. SIVALINGA NADAR AND ORS.

1993 INSC 4Appeal(s) allowed

Six brothers who were partners in two firms entered into arbitration to resolve disputes. The arbitrators awarded a division of the firms' assets, including immovable properties, among the brothers upon dissolution. A Single Judge ordered the award to be registered before it could be made a rule of …

COMMON CAUSE REGISTERED SOCIETYversusUNION OF INDIA AND ORS.

1993 INSC 2Disposed off

The Supreme Court examined the sluggish implementation of the Consumer Protection Act, 1986, specifically the failure of many States and Union Territories to establish District Forums as mandated by Section 9. The petitioners, a registered society, sought directions under Article 32 to compel the …

J. CHANDRASEKHARA RAOversusV. JAGAPATHI RAO AND NINE OTHERS

1992 INSC 353Dismissed

J. Chandrasekhara Rao challenged the election of V. Jagapathi Rao, who won by 427 votes, on the ground that the nomination of a second candidate, who was under 25 and thus ineligible, had been improperly accepted. The petitioner argued that the 9,568 votes obtained by the ineligible candidate (more …

JAI SINGH DALAL AND ORS.versusSTATE OF HARYANA AND ANR.

1992 INSC 354Dismissed

The appellants, members of the Haryana Civil Service, sought appointment through a special recruitment process initiated under Rule 5 of the Punjab Civil Services (Executive Branch) Rules, 1930. The State Government first issued notifications on 20 December 1990 and 25 January 1991 specifying …

AMERICAN EXPRESS BANK LTD.versusCALCUTTA STEEL CO. AND ORS.

1992 INSC 355Appeal(s) allowed

The Calcutta Steel Co. (CSC) obtained a licence to import steel billets and, to reduce the end‑user's financial burden, opened an irrevocable Letter of Credit directly with the foreign supplier, though the name of the canalising agency MMTC was shown for exchange‑control purposes. Bills of exchange …

CRESCENT DYES AND CHEMICALS LTD.versusRAM NARESH TRIPATHI

1992 INSC 343Appeal(s) allowed

Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union …

SYED KHALID RIZVI AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1992 INSC 320Appeal(s) allowed

The case concerned the inter‑se seniority of direct‑recruit Indian Police Service (IPS) officers and promotee officers from the Uttar Pradesh State Police Service who had been temporarily appointed to cadre posts. The promotees claimed that their continuous officiation from the date of their …

AA. HAJA MUNIUDDINversusINDIAN RAILWAYS

1992 INSC 318Appeal(s) allowed

The appellant dispatched marble slabs by rail, which were damaged in an accident, and filed a claim for Rs.1,05,000 before the Railway Claims Tribunal. The Tribunal required a filing fee of Rs.2,055 under Section 16(2) of the Railway Claims Tribunal Act, 1987, but the appellant could not pay and …

KARAMJEET SINGHversusUNION OF INDIA

1992 INSC 269Dismissed

Karamjeet Singh filed a writ petition under Article 32 of the Constitution claiming to be the next friend of two convicts sentenced to death for desecrating a religious shrine, alleging that the convicts were under a legal disability due to an intense religious obsession. The convicts had expressly …

S.B. DOGRAversusSTATE OF HIMACHAL PRADESH AND ORS.

1992 INSC 262Appeal(s) allowed

The appellant S.B. Dogra, a former Indian Army officer, was appointed to the Himachal Pradesh Police Service under the Demobilised Armed Forces Personnel (Reservation of Vacancies) Rules, 1972 and was given seniority based on a notional entry date of 1964 as per Rule 5(1). Respondent D.S. Amist …

SIMRANJIT SINGH MANNversusUNION OF INDIA AND ANR.

1992 INSC 251Dismissed

In the General Vaidya murder case two accused were convicted of murder and sentenced to death. The convicts did not appeal, and the Supreme Court was hearing a reference for confirmation of the death sentence. Simranjit Singh Mann, President of a political party, filed a writ petition under Article …

GOPAL KRISHNA SHARMA AND ORS. ETC.versusSTATE OF RAJASTHAN AND ORS.

1992 INSC 248Disposed off

The Sukhadia University in Rajasthan refused to place its Research Assistants and Research Associates on the revised University Grants Commission (UGC) pay scale of Rs 700‑1600, despite the university having implemented the same scale for other teaching staff. The petitioners, who were Research …

ASLAM BABALAL DESAIversusSTATE OF MAHARASHTRA

1992 INSC 245

The appellant was arrested for offences under Sections 147, 148, 302 and 323 read with 149 IPC and, after the investigating agency failed to file a charge‑sheet within the 90‑day period prescribed by the proviso to Section 167(2) of the CrPC, the Sessions Judge released him on bail. After the …

D.K. SAHNIversusMANAGING DIRECTOR, MANGANESE ORE INDIA LTD. AND ORS.

1992 INSC 202Disposed off

The appellant, D.K. Sahni, joined Manganese Ore (India) Ltd. in 1966 and was promoted to Chief Mining Engineer in 1980, later to Deputy General Manager and General Manager (T). Superseded officers challenged his promotions, arguing he lacked the educational qualifications prescribed for the Chief …

STATE OF HARYANA AND ORS. ETC.ETC.versusPIARA SINGH AND ORS. ETC. ETC.

1992 INSC 201Disposed off

The Supreme Court heard appeals by the States of Punjab and Haryana against a Punjab‑Haryana High Court judgment that ordered the regularisation of large numbers of ad‑hoc, temporary, work‑charged, daily‑wage and casual labour employees. The petitioners argued that the High Court had exceeded its …

STATE OF PUNJAB AND ORS.versusRAM SINGH EX. CONSTABLE

1992 INSC 182Appeal(s) allowed

Ram Singh, a gunman in the Punjab Police, was dismissed after being found heavily drunk on duty, roaming the bus stand with his service revolver and abusing a medical officer. He challenged the dismissal, claiming it violated natural justice and that the conduct did not amount to "gravest …

LIFE INSURANCE CORPN. OF INDIA AND ORS. ETC.versusPROF. MANUBHAI D. SHAH ETC. ETC.

1992 INSC 181Dismissed

The petitioners, Life Insurance Corporation of India (LIC) and Doordarshan, appealed against High Court orders directing LIC to publish a rejoinder to a criticism of its premium policy in its magazine and directing Doordarshan to telecast a documentary on the Bhopal gas disaster. The issues were …

STATE OF MAHARASHTRA ETC. ETC.versusSUKHDEO SINGH AND ANR. ETC .. ETC.

1992 INSC 173Disposed off

The State of Maharashtra prosecuted Sukhdev Singh (Accused No.1) and Harjinder Singh Jinda (Accused No.5) for the murder of retired General Vaidya under the IPC and TADA. The trial court convicted both of murder (IPC ss.302, 307, 34) and sentenced them to death, relying on eyewitness identification, …

V.S.MURTHYversusUNION OF INDIA AND ORS.

1992 INSC 152Dismissed

V.S. Murthy, a former railway clerk, was deputed to Hindustan Organic Chemicals Limited, a public sector undertaking, and later absorbed permanently. While on deputation he received his regular railway pay plus a deputation (duty) allowance. Upon retirement he claimed that the allowance should be …

MADANLAL PHULCHAND JAINversusSTATE OF MAHARASHTRA AND ORS.

1992 INSC 105Dismissed

M.P. Jain, adopted into his uncle's family, received 28 acres from the adoptive family and inherited 19 acres 19.5 gunthas from his natural father, who became his uncle after adoption. The Commissioner under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 held that …

STATE OF TAMIL NADUversusKARUPPUSAMY AND ORS.

1992 INSC 99Appeal(s) allowed

The State of Tamil Nadu prosecuted accused Karuppusamy and Natarajan for the murder of Muthusamy and the attempted outraging of Anjali's modesty, alleging that the accused used aruvals to cut off the victim's head and assault the woman. Four eye‑witnesses, including a rustic woman (PW‑1) and a child …

FOOD CORPORATION OF INDIA AND ORS.versusH.N. BHARTI AND ORS.

1992 INSC 89Disposed off

After the abolition of the Central Government's Food Department, its employees were transferred to the Food Corporation of India (FCI). The FCI, exercising powers under Section 45 of the Food Corporation Act, 1964, issued a circular on 15 May 1975 governing the regularisation of ad‑hoc promotions …

PANDURONGA TIMBLO INDUSTRIES ETC. ETCversusUNION OF INDIA AND ORS.

1992 INSC 79Dismissed

The appellants challenged the constitutional validity of the Goa, Daman and Diu Barge Tax Act, 1973, arguing that a 'barge' is not a 'boat' within the meaning of Entry 58, List II of the Seventh Schedule, which permits states to tax 'animals and boats'. They contended that the term 'boat' should be …

R. BANERJEE AND ORS.versusH.D. DUBEY AND ORS

1992 INSC 80Appeal(s) allowed

A food inspector seized samples of orange drink and vanaspati ghee from the godowns of Lipton India Ltd and Hindustan Lever Ltd and, after a public analyst’s report, found them adulterated and mis‑branded. Complaints were filed under sections 7 and 16 read with section 17 of the Prevention of Food …

SAUDAN SINGH AND ORS. ETC.versusN.D.M.C. AND ORS. ETC.

1992 INSC 76Disposed off

The Supreme Court considered numerous writ petitions filed under Article 32 and special leave petitions under Article 136 by pavement hawkers and squatters alleging that the New Delhi Municipal Committee (NDMC) and the Municipal Corporation of Delhi (MCD) violated their fundamental right to carry on …

PEFCO FOUNDRY CHEMICALS LTD.versusCOLLECTOR OF CENTRAL EXCISE, PUNE

1992 INSC 53Dismissed

PEFCO Foundry Chemicals Ltd manufactured cylinder liners by casting iron and then machining and honing them before delivering the goods to Indian Railways. The Central Excise authorities treated the liners, at the time of supply, as fully machined machine parts liable to duty under Entry 68, while …

B.N. SHANKARAPPAversusUTHANUR SRINIVAS AND ORS.

1992 INSC 16Appeal(s) allowed

The case concerned the powers of the Deputy Commissioner under the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 to specify and later change the headquarter of a Mandal. The Deputy Commissioner initially fixed the headquarter at Mudiyannur, …

STATE OF U.P.versusASHOK KUMAR SRIVASTAVA

1992 INSC 6Appeal(s) allowed

The State of Uttar Pradesh prosecuted Ashok Kumar Srivastava, his father Rajendra Lal and sister Sudha for the murder of Meera Srivastava, alleging they set her ablaze over a dowry dispute. The trial court convicted them under Sections 302 and 34 IPC based on the testimony of neighbours (PW1, PW4, …

P. K. JAISWALversusMS. DEBI MUKHERJEE AND ORS.

1992 INSC 1Dismissed

The Union Government sent a requisition to the UPSC to fill a vacancy of Assistant Director General (Prevention of Food Adulteration) by direct recruitment. Before the UPSC could advertise, the Government informed it that it was considering amending the rules to allow promotion from Assistant …

LT. GENERAL R.K. ANANDversusUNION OF INDIA AND ANR.

1991 INSC 344Dismissed

Lt. Gen. R.K. Anand retired at age 57 under a Departmental letter dated 9 September 1986, which introduced a two‑stream concept for Lt. Generals, assigning a lower retirement age to the 'Staff only' stream. He challenged the retirement, claiming the earlier letter of 9 May 1985, which fixed the …

M .B. HIREGOUDARversusSTATE OF KARNATAKA AND ORS.

1991 INSC 278Appeal(s) allowed

The appellant, a rigman in Karnataka's Department of Mines and Geology, was first appointed as a local Junior Engineer in 1967 and later selected by the State Public Service Commission and appointed by the Director on 4 May 1970, before recruitment rules for the post were framed. He was promoted to …

UNION CARBIDE CORPORATION ETC. ETCversusUNION OF INDIA ETC. ETC.

1991 INSC 251Dismissed

The Union of India sued Union Carbide Corporation (UCC) in the US District Court, which ordered a $5 million interim relief to be paid to the Indian Red Cross Society for Bhopal gas victims, stating the amount was an advance payment and would be set‑off against any final judgment. After the US case …

MOHAMMAD MAHIBULLA AND ANRversusSETH CHAMAN LAL (DEAD) BY LRS. AND ORS.

1991 INSC 242Appeal(s) allowed

The Wakf Board filed a suit for declaration of a right of passage, which was dismissed by the trial court, leading it to file a title appeal before the District Judge. Although an exemption allowed a nominal court fee of Rs.15 on the plaint, the memorandum of appeal required a fee of Rs.638, of …

STATE OF ANDHRA PRADESHversusDR. M.V. RAMANA REDDY AND ORS.

1991 INSC 195Case Partly allowed

The State appealed the High Court's acquittal of three accused in the murder of trade‑unionist lawyer Ram Subba Reddy. The Supreme Court examined whether the daughter’s (PW 1) testimony was reliable despite allegations of self‑inflicted injuries, the delay in the identification parade, and the …

AMIR SHAD KHAN AZIZ AHMEDKHAN @ AZIZ MOHD. KHANversusL. HMINGLIANA AND ORS.

1991 INSC 179Appeal(s) allowed

The appellants, Amir Shad Khan and Aziz Ahmed Khan, were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold bars were recovered from their vehicle. They were served detention orders that allowed them to make representations to the State …

M.B. SANGHI, ADVOCATEversusHIGH COURT OF PUNJAB AND HARYANA AND ORS.

1991 INSC 166Dismissed

The appellant, a practising advocate, was held by the Punjab and Haryana High Court to have contempted a Sub‑Judge by making disparaging remarks that alleged the judge was a contractor of the Municipal Committee and was colluding with the Deputy Commissioner. The High Court, relying on the …

RAJENDRA AND TWO OTHERSversusSTATE OF MADHYA PRADESH

1991 INSC 158Disposed off

The appellants, three brothers running a shop, were prosecuted under the Prevention of Food Adulteration Act, 1954 for selling tea dust that was found adulterated by the Public Analyst. The trial magistrate acquitted them, holding that the Public Analyst had not sent the report within 45 days as …

GURMEJ SINGH AND ORS.versusSTATE OF PUNJAB

1991 INSC 154Dismissed

Gurmej Singh, Gian Singh and Bur Singh were convicted of murdering Harnam Singh, a neighbour, based on the testimony of two close relatives who identified the accused under the light of a tubewell lamp. The defence argued that a third eye‑witness, Narain Singh, who was sleeping near the victim, was …

KHUJJI@SURENDRA TIWARIversusTHE STATE OF MADHYA PRADESH

1991 INSC 153Dismissed

Khujji @ Surendra Tiwari was convicted of murder under Section 302 IPC and sentenced to life imprisonment. The prosecution relied on three eye‑witnesses, discovery of a blood‑stained weapon and the appellant's blood‑stained pant. Two witnesses (PW‑3 and PW‑4) were declared hostile because they could …

ASHOK KUMAR ALIAS GOLUversusUNION OF INDIA AND ORS.

1991 INSC 145Dismissed

Ashok Kumar was convicted of murder and sentenced to life imprisonment. He sought premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, arguing that Section 433A of the Code of Criminal Procedure, 1973 – which imposes a 14‑year minimum before any release for life …

F.A. SAPA ETC. ETC.versusSINGORA AND ORS. ETC.

1991 INSC 138Case Partly allowed

In the 1989 Mizoram Assembly elections, fifteen unsuccessful MNF candidates filed election petitions alleging corrupt practices by the elected Congress(I) candidates. The High Court rejected preliminary objections, allowed certain amendments, and struck out vague paragraphs, prompting the returned …

STATE OF PUNJABversusIQBAL SINGH AND ORS.

1991 INSC 139Appeal(s) allowed

The wife of Iqbal Singh set herself and her three children on fire on 7 June 1983 after prolonged dowry harassment by her husband, his mother and sister. She had previously complained to police and written letters detailing the abuse and her fear for her life. The husband, his mother and sister were …

MALKIAT SINGH AND ORSversusSTATE OF PUNJAB

1991 INSC 98Case Partly allowed

The case concerned the murder of four liquor‑shop workers and the attempted murder of a fifth person. The prosecution relied mainly on the ocular testimony of two injured witnesses (PW‑3 and PW‑4), ballistic evidence linking a rifle owned by the accused A‑1, and circumstantial evidence. The …

MAGUNI CHARAN PRADHANversusSTATE OF ORISSA

1991 INSC 91Dismissed

The appellant, a lawful owner of a field, discovered the deceased Bhikari Pradhan and his companions illegally ploughing the land. He demanded they unyoke their bullocks; when they refused, he struck the unarmed, seated deceased on the head with a stick, causing fatal injuries. The trial court …

BURN STANDARD COMPANY LIMITEDversusMCDERMOTT INTERNATIONAL INC. AND ANOTHER

1991 INSC 87Dismissed

Burn Standard Company Ltd., a Government undertaking, entered into a technical collaboration agreement with McDermott International Inc. to obtain foreign technical know‑how, requiring RBI permission under Section 28(1)(b) of the Foreign Exchange Regulation Act, 1973 (FERA). The agreement received …

K. VIMALAversusK. VEERASWAMY

1991 INSC 80Appeal(s) allowed

K. Vimala filed a petition for maintenance under Section 125 of the Code of Criminal Procedure against her husband, K. Veeraswamy. The husband contended that the marriage was void because he was already married to Veeramma, and therefore he was not liable to maintain Vimala. The trial magistrate …

BHUPENDRA SINGH AND ORS.versusSTATE OF UTTAR PRADESH

1991 INSC 74Appeal(s) allowed

On 25 April 1972, a political dispute in Padaria Tula, Uttar Pradesh, led Bhupendra Singh (appellant No.1) and his supporters to fire at Gajendra Singh, who later died. The trial court acquitted all accused, but the Allahabad High Court convicted Bhupendra Singh under section 302 IPC for murder and …

K. NAGAMALLESWARA RAO AND ORS.versusSTATE OF ANDHRA PRADESH

1991 INSC 76Appeal(s) allowed

The case concerned fifteen accused persons charged with the murder of Appikatla Tataiah. Four of them (A‑1, A‑2, A‑5 and A‑11) were convicted under section 302 read with section 149 of the IPC, while the remaining eleven were acquitted. The central issue was whether section 149 IPC could be invoked …

RAM SARAN AND ANR. ETC.versusSTATE OF PUNJAB AND ORS. ETC.

1991 INSC 62Appeal(s) allowed

The Punjab Excise & Taxation Department had two cadres, Assistant Excise & Taxation Officers (Class III‑A) and Excise & Taxation Officers (Class II), each with promotion quotas. After reorganisation the Class III‑A cadre was abolished and a draft amendment to Rule 5 of the Class II Rules was …

DARYAO SINGHversusSTATE OF MADHYA PRADESH

1991 INSC 45Dismissed

Daryao Singh was convicted under Sections 302 and 34 of the IPC for the murder of Nagji, stemming from a long‑standing family feud. The trial court acquitted him, deeming the testimony of the deceased’s relatives uncorroborated, but the Madhya Pradesh High Court reversed that decision, finding the …

NIADAR AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.

1991 INSC 14

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions …

PADMABEN SHAMALBHAI PATELversusSTATE OF GUJARAT

1991 INSC 9Dismissed

The victim, Gangaben, suffered 90% burns after kerosene was poured on her and, while being treated, made dying declarations to two doctors naming Padma Patel, her husband's sister, as her tormentor. The Sessions Court acquitted Patel, doubting the victim's mental fitness and the possibility of …

CENTRAL BANK OF INDIAversusC. BERNARD

1990 INSC 304Appeal(s) allowed

The Central Bank of India charged its employee C. Bernard with claiming a loss‑adjustment facility using forged travel receipts. The Bank appointed Shri U.B. Menon as Enquiry Officer and Disciplinary Authority, but Menon retired during the enquiry and continued to conduct it, ultimately ordering …

KAMARUNNISSA ETC. ETC.versusUNION OF INDIA AND ORS.

1990 INSC 282Dismissed

The wives of three men detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) challenged the validity of the detention orders, arguing that the men were already in custody, that the grounds described the offence as "bailable" indicating …

P.N. VEETI NARAYANIversusPATHUMMA BEEVL AND ANOTHER

1990 INSC 279Dismissed

The appellant sought to enforce a decree for Rs.56,769.80 against the estate of the deceased Muslim debtor Vellappa Rawther. The High Court had reduced the decree to one‑fourth, holding that the debt was divided among the heirs according to Muslim Personal Law and that the acknowledgment and partial …

AYUB @PAPPU KHAN NAWAB KHAN PATHANversusS.N. SINHA AND ANR.

1990 INSC 239Appeal(s) allowed

The petitioner, Ayub, was detained under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on grounds that he was a "bootlegger" and a "dangerous person" involved in several offences. The petition challenged the detention, arguing that the detaining authority had not applied …

DR. TRILOKI NATH SINGHversusDR. BHAGWAN DIN MISRA AND ORS.

1990 INSC 228Dismissed

A selection committee was formed to appoint a Reader in Linguistics in the Department of Hindi at the University of Lucknow. The committee, comprising three experts in Hindi literature rather than linguistics, recommended Dr. Triloki Nath Singh for the post, placing Dr. Bhagwan Din Misra second. Dr. …

CLOTHING FACTORY, NATIONAL WORKERS' UNION AVADI, MADRAS, REPRESENTED BY ITS SECRETARYversusUNION OF INDIA BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND ORS.

1990 INSC 151Dismissed

The case concerned workers of the Ordinance Clothing Factory, Avadi, who were divided into day workers and piece‑rated workers. The Union of India, on behalf of the piece‑rated workers, sought direction that they be paid overtime wages at double the ordinary rate for the 3¼ hours worked each week …

STATE OF BIHAR AND ORS.versusRAMJEE PRASAD AND ORS.

1990 INSC 136Appeal(s) allowed

The State of Bihar advertised vacancies for junior teaching posts in its medical colleges and fixed 31 January 1988 as the last date for receipt of applications, requiring three years of experience as a Resident or Registrar. Several junior teachers, including Ramjee Prasad, challenged the cut‑off …

STATE OF PUNJAB AND ORS. ETC. ETC.versusJOGINDER SINGH AND ORS. ETC. ETC.

1990 INSC 110Appeal(s) allowed

The respondents, convicted prisoners, filed writ petitions seeking premature release on the ground that the note appended to paragraph 631 of the Punjab Jail Manual had statutory force and thus overrode the State Government's executive instructions of 1971 and 1976 that modified paragraph 516‑B. The …

RAJ KUMAR KARWALversusUNION OF INDIA AND ORS.

1990 INSC 98Dismissed

The Department of Revenue Intelligence (DRI) intercepted a truck carrying a large quantity of hashish and, during the investigation, obtained confessional statements from Raj Kumar Karwal and Kirpal Mohan Virmani. The appellants argued that these statements should be excluded under Section 25 of the …

MOSTT. SIMRIKHIAversusSMT. DOLLEY MUKHERJEE @ SMT. CHHABI MUKHERJEE & ANR.

1990 INSC 73Appeal(s) allowed

The appellant filed a private complaint for offences under IPC sections 323 and 452 before a Judicial Magistrate First Class, who transferred the case to a Second Class Magistrate for enquiry under CrPC sections 192(2) and 202. The Second Class Magistrate issued process against the respondents, who …

SAHAB SINGH AND OTHERSversusSTATE OF HARYANA

1990 INSC 51Appeal(s) allowed

The appellants were convicted by an Additional Sessions Judge on three counts, including a life sentence with a fine of Rs.200 under Section 302/149 IPC. The High Court, while dismissing their appeal, altered the fine to Rs.5,000 per count per appellant, increasing it to Rs.30,000 each, without any …

STATE OF MAHARASHTRAversusCHANDRAPRAKASH KEWAL CHAND JAIN

1990 INSC 14Appeal(s) allowed

The respondent, a Sub‑Inspector of police, was convicted of raping a 19‑year‑old woman, Shamimbanu, by the trial court. The High Court acquitted him, holding that the victim’s testimony required corroboration in material particulars and that medical evidence was inconsistent. The State appealed. The …

STATE OF MAHARASHTRAversusANAND CHINTAMAN DIGHE

1990 INSC 11Appeal(s) allowed

The respondent, A.C. Dighe, a district chief of the Shiv Sena party, was arrested for the murder of a corporator and charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code. The designated court in Pune granted him bail while …

GAURI SHANKER SHARMA ETC.versusSTATE OF U.P. ETC.

1990 INSC 7Dismissed

The case concerned the death of Ram Dhiraj Tiwari while in police custody. The prosecution alleged that Sub‑Inspector Rafiuddin Khan (Accused No.1) beat the deceased with lathis and dandas after his arrest on 19 Oct 1971, causing 28 injuries that led to death, and also demanded a bribe. The defence …

UNION OF INDIA & ORS.versusSHAIK ALI

1989 INSC 310Dismissed

Shaik Ali, a Class III railway employee, was suspended after a confrontation with a Divisional Safety Officer and subsequently ordered to retire prematurely under Rule 2046(h)(ii) of the Indian Railway Establishment Code, despite not having reached the required age of 55. The Central Administrative …

STATE OF MAHARASHTRAversusCAPTAIN BUDDHIKOTA SUBHA RAO

1989 INSC 299Appeal(s) allowed

Captain B. Subha Rao, a retired naval officer, was arrested at Bombay Airport for allegedly breaching the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. He filed a series of bail applications; Judge Puranik rejected a batch on 6 June 1989 without noting a pending application (Criminal …

RAMLAL KHURANA (DEAD) BY LRS.versusSTATE OF PUNJAB & ORS.

1989 INSC 226Dismissed

R.L. Khurana, originally a clerk in the Punjab Police, was appointed as an Excise Sub‑Inspector and later reverted to his parent department. He obtained a decree from a civil court confirming his right to continue in the substantive Excise post, overturning the reversion. Subsequently, the Excise …