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B L HANSARIA

327 judgments · newest first · showing 1–200

SHIV SAGAR TIW ARIversusUNION OF INDIA AND ORS.

1996 INSC 1533Disposed off

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the …

BUFFALO TRADERS WELFARE ASSOCIATION AND ANOTHERversusMANEKA GANDHI AND ORS.

1996 INSC 1420Disposed off

The Supreme Court considered two interlocutory applications concerning the Idgah Slaughter House in Delhi, which had been declared a hazardous/noxious industry and ordered to cease operations by 30 November 1996. The petitioners sought to set aside the July 8, 1996 order (IA No. 22) that modified a …

SHIV SAGAR TIWARIversusUNION OF INDIA AND ORS.

1996 INSC 1314

The Supreme Court examined a public interest writ petition challenging the allotment of 52 shops and stalls by the then Minister of Urban Development, Smt. Sheila Kaul. The Court found that the allotments were made without public notice, contrary to the policy she herself had framed in 1994, and …

M. POORNACHANDRAN AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1996 INSC 1292Dismissed

The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the …

FOOD CORPORATION OF INDIAversusF.C.I. DEPUTATIONIST ASSOCIATION AND ORS.

1996 INSC 965Dismissed

The Food Corporation of India (FCI) had taken several Sub‑Inspectors of the West Bengal Government on deputation and assigned them to the duties of Assistant Grade‑II for more than eighteen years. When the deputationists were to be absorbed into FCI's regular service, the corporation’s circular …

SHERA SINGHversusTHE STATE OF PUNJAB

1996 INSC 957Appeal(s) allowed

Three persons were tried for the murder of Sucha Singh. The trial court convicted all under Section 302 read with Section 34 of the IPC. On appeal, the High Court acquitted two co‑accused but upheld the conviction of Shera Singh, relying on the testimony of an approver (PW‑13) and treating the …

UNION OF INDIA AND ORS.versusANAND SINGH BISHT

1996 INSC 958Disposed off

Anand Singh Bisht, a Naik in the Border Security Force, was convicted under the BSF Act and IPC section 307 for injuring a cadet and sentenced to one year of rigorous imprisonment. He had already spent about a year in pre‑trial detention and sought release by invoking Section 428 of the Code of …

RAMESHWAR DASS GUPTAversusSTATE OF U.P. AND ANR.

1996 INSC 949Dismissed

The Uttar Pradesh Public Services Tribunal set aside the removal of Rameshwar Dass Gupta and ordered his confirmation, promotion and payment of salary, gratuity and pension. Gupta filed an execution petition under Order 21 Rule 1 of the CPC to recover the awarded amounts. The executing court, …

RAMESHWARLALversusMUNICIPAL COUNCIL, TONK AND ORS.

1996 INSC 950Disposed off

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the …

MAHABIR SUGAR MILLS LTD. AND ORS. ETC.versusSTATE OF U.P. AND ORS. ETC.

1996 INSC 951Dismissed

The Supreme Court considered a series of appeals and writ petitions filed by Mahavir Sugar Mills Ltd. and related parties against the State of Uttar Pradesh concerning the U.P. Sugar Undertakings (Acquisition) Act, 1971. The Court noted that the validity of the Act had already been upheld in Ishwari …

BABA PEER PARAS NATH AND ANR. ETC.versusSTATE OF HARYANA

1996 INSC 918Dismissed

Six accused were tried for a terrorist attack on a temple. All made confessional statements before a Superintendent of Police under Section 15 of the Terrorist and Disruptive (Prevention) Activities Act (TADA). Two of them, Baba Peer Paras Nath and Baldev Nath, were charged only under the Indian …

UNION OF INDIAversusSH. AB. SHAH AND ORS.

1996 INSC 662Appeal(s) allowed

The Union of India filed a complaint under Section 73 of the Mines Act, 1952 alleging that Oriental Coal Co. Ltd. and its officials violated conditions 3 and 6 of the permission to split pillars with hydraulic sand stowing. The trial court and the High Court acquitted the respondents, holding that …

THE ASSTT. COLLECTOR OF CENTRAL EXCISEversusBATA INDIA LTD.

1996 INSC 625Dismissed

The Assistant Collector of Central Excise appealed against Bata India Ltd. alleging that the manufacturer could not claim exemption under a notification that exempted footwear valued up to Rs.60 per pair when its wholesale price exceeded that limit. Bata argued that by deducting the 10% excise duty …

C.S. BALAN AND ORS.versusCHIEF GENERAL MANAGER, TELECOM AND ORS.

1996 INSC 587Disposed off

The appellants, C.S. Balan and others, applied to the Central Administrative Tribunal (CAT) seeking a declaration that they were entitled to promotion to Junior Telecommunication Officer effective December 1990, citing available vacancies in their quota. The CAT order merely noted the respondent's …

MST. KARTAR KAURversusAJMER SINGH

1996 INSC 553Appeal(s) allowed

Kartar Kaur, the widow of the deceased Ranjit Singh, sued his son Ajmer Singh for declaration and possession of a suit property situated in the former PEPSU area. The son claimed sole inheritance under local custom, while the widow asserted a special custom allowing a widow to inherit alongside the …

DELHI ADMINISTRATIONversusTRIBHUVAN NATH AND ORS.

1996 INSC 506Appeal(s) allowed

The case arose from the 1984 Delhi riots in which a mob killed Himmat Singh and Wazir Singh. The trial court convicted three accused, Tribhuvan Nath, Raju and Sita Ram, under IPC sections 302 and 149, among others, based on eyewitness testimony that they participated in the murderous mob. The Delhi …

DR. B.P. YADAV AND ANR.versusDR. RATNESHWAR PRASAD SINGH AND ORS.

1996 INSC 386Dismissed

The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their …

VARELI WEAVES PVT. LTD. AND ANRversusUNION OF INDIA & ORS.

1996 INSC 325Case Partly allowed

Vareliweaves Pvt. Ltd. imported partially oriented yarn (POY) and claimed exemption from countervailing duty (CVD) under a 1982 notification, arguing that the yarn fell in the 100‑750 denier category. The customs authorities, relying on a 1980 circular, treated the POY as belonging to the 75‑100 …

GOVT. OF TAMIL NADUversusP.A. MANICKAM ETC.

1996 INSC 326Appeal(s) allowed

The respondents, employees of the Tamil Nadu government, were compulsorily retired after attaining the age of 50 years under Fundamental Rule 56(d). The State Government had issued G.O. No. 761 (1973) directing that cases be sent to a review committee six months before the retirement point. The …

BHARAT FORGE COMPANY LTD.versusAB. ZODGE AND ANR.

1996 INSC 293Disposed off

Bharat Forge Co. Ltd. challenged the Industrial Tribunal's refusal to allow it to adduce fresh evidence in support of a dismissal order against employee AB Zodge. The Tribunal, and subsequently the Bombay High Court, held that under Section 11A of the Industrial Disputes Act, 1947, the employer …

OSMAN UMARversusMALAL ALIBHAI NATHU AND ORS

1996 INSC 201Dismissed

The appellant, representing the Patni Jamat, sought an occupancy certificate from the Mamlatdar in 1951 for land to be used as a Kabristan. A later suit (Suit No. 151/66) declared that all four jamats were jointly entitled to the land, and an injunction was placed against the appellant; this decree …

P.S. SAWHNEYversusUNION OF INDIA AND ORS.

1996 INSC 202Appeal(s) allowed

The appellant, a government employee, sought annual increments of Rs.100 on his pay scale as directed by a previous Supreme Court order, arguing that after reaching the maximum of the scale the increments should continue as special pay. He also claimed entitlement to local allowances on par with the …

S. NOORDEENversusV.S. THIRU VENKITA REDDIAR AND ORS.

1996 INSC 203Dismissed

The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree …

INDERMANI KIRTIPALversusTHE UNION OF INDIA AND ORS.

1996 INSC 189Dismissed

The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a …

SMT. FIRDOSH FATIMA (SINCE DEAD) ETC.versusSMT. FIRDOSH BEGUM (DEAD) AND ORS. ETC.

1996 INSC 190Dismissed

The Supreme Court examined the constitutional validity of Section 4 of the Uttar Pradesh Amendment Act 33 of 1972, which abolished letters‑patent appeals from judgments of a single High Court judge in writ jurisdiction concerning revenue and tenancy matters. The petitioners challenged the amendment …

K.P.O. MOIDEENKUTTY HAJEEversusPAPPU MANJOORAN AND ANR.

1996 INSC 191Dismissed

The appellant‑defendant challenged the trial and Kerala High Court judgments that upheld a suit for recovery of Rs 1.5 lakhs on a promissory note (Ex A) executed for the transfer of 3 acres 44 cents of land and a building. The appellant contended that the note was purportedly for cash consideration, …

STATE OF U.P.versusO.P. SHARMA

1996 INSC 192Appeal(s) allowed

The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The …

BRIJ PALversusSTATE (DELHI ADMINISTRATION)

1996 INSC 161Dismissed

The appellant was arrested at a bus stand in Delhi and a country‑made pistol with live cartridges was seized from his person. The prosecution relied solely on the depositions of police officers and an armourer who tested the weapon, as no independent civilian witnesses could be procured. The …

KARNATAKA PUBLIC SERVICE COMMISSIONversusP.S. RAMAKRISHNA

1996 INSC 80Appeal(s) allowed

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not …

STATE OF TAMIL NADU AND ORS.versusL. KRISHNAN AND ORS.

1996 INSC 83Disposed off

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a …

DEEPversusSTATE OF RAJASTHAN AND ORS.

1995 INSC 908Appeal(s) allowed

The appellant, Deepa, was originally accepted as a tenant of a parcel of land that formed part of a former jagir. The respondent, Ram Chandra, sought her eviction under Section 177 of the Rajasthan Tenancy Act, 1955, but the suit was dismissed because the jagir had been abolished by the Rajasthan …

STATE OF KERALAversusM.M. ABDUL KHADER

1995 INSC 909Appeal(s) allowed

The State of Kerala appealed a Kerala High Court judgment that had allowed claimants to receive additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. The sole question was whether the respondents were entitled to this additional amount given that the Collector's award was …

CONSTABLE DAVINDER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.

1995 INSC 910Dismissed

The appellants, six of the forty candidates who appeared for the constable selection, challenged the selection process alleging lack of fairness, ministerial interference, and that some selected candidates had previously served as gunmen for VIPs. The selection committee, comprising three officers, …

UNION OF INDIA AND ORS.versusB.N. SINGH AND ORS.

1995 INSC 911Dismissed

The Union of India appealed to the Supreme Court under Article 136 against an order of the Central Administrative Tribunal (CAT) that had given certain directions to the respondent officer. The Court examined the service record of the first respondent, noting that his career was outstanding both …

UNION OF INDIAversusDULAL CHANDRA GHOSH AND ORS.

1995 INSC 912Dismissed

The land in question was notified for acquisition under Section 7 of the Requisition and Acquisition of Immovable Property Act, 1952 and an award was made by the Collector in 1973. The respondents refused to accept the award and, under Section 8(3) read with Rule 9, applied for the appointment of an …

MAHESH KUMAR AGALversusDIRECTOR GENERAL OF POLICE AND ANR.

1995 INSC 913Dismissed

The appellant, Mahesh Kumar Agal, a police officer, sought seniority based on his passing of the mandatory Hindi proficiency test, which was a prerequisite for promotion under the service rules. The Madhya Pradesh Administrative Tribunal rejected his claim, holding that his seniority should not be …

KAVERI ENGINEERING INDUSTRIES LTD.versusUNITED SHIPPING CORPORATION LTD. AND ANR.

1995 INSC 914Appeal(s) allowed

Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs …

BALKRISHNA PANDEYversusSTATE OF BIHAR AND ORS.

1995 INSC 894Disposed off

Balkrishna Pandey, a Junior Statistical Supervisor, was appointed on deputation to a temporary post of Senior Statistical Assistant in the Directorate of Special Employment and Planning. When the temporary post was made permanent, Pandey was reverted to his parent department, while another employee …

STATE OF RAJASTHAN AND ORS.versusRAMESHWAR LAL GAHLOT

1995 INSC 895Appeal(s) allowed

The respondent was appointed on a temporary basis for three months or until a regular incumbent assumed office, but his appointment was terminated after 240 days. A writ petition challenged the termination, and a Single Judge held that the termination violated Section 25F of the Industrial Disputes …

STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.

1995 INSC 896Dismissed

The Supreme Court examined two appeals filed by the State of Uttar Pradesh and aggrieved persons challenging the ceiling area determined under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The appeals arose while proceedings to determine surplus land were pending. Before …

KARANPURA DEVELOPMENT COMPANY LTD.versusUNION OF INDIA

1995 INSC 898Appeal(s) allowed

Karanpura Development Company Ltd obtained a 999‑year mining lease in 1946, which was terminated when the Bihar Land Reforms Act, 1950 came into force. The company claimed compensation under Section 4(1) of the Coal Bearing Areas (Acquisition & Development) Act, 1957, relying on a 1963 notification …

VISWANATH (DEAD) BY LR.versusCHANDRA BHAN AND ORS.

1995 INSC 888Appeal(s) allowed

The appellant, Viswanath (deceased) by LRs, sought ejectment of the respondent who occupied land under a mortgage executed by Hanuman Singh, the brother‑in‑law of a minor, before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force. The Assistant Collector and Board of Revenue …

UNION OF INDIA & ORS.versusMRS. SAROJ BALA

1995 INSC 890Appeal(s) allowed

Mrs. Saroj Bala, a civil servant, had her date of birth recorded as 4 April 1949 in university records and consequently in her service record when she joined the All India Revenue Service in 1972. After 18 years of service, she sought to correct her date of birth to 5 April 1950, obtaining a birth …

KALYANversusGORAKH

1995 INSC 891Disposed off

The appellant purchased agricultural land from the erstwhile landlord, who was a protected tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950. The respondent, the protected tenant, filed a suit claiming rights over the land. The High Court appointed a receiver and ordered the …

KALIDAS UMEDRAM AND ORS.versusSTATE OF GUJARAT AND ANR.

1995 INSC 892Dismissed

The appellants were allotted 2 acres 9 guntas of land for agricultural purposes on the condition that it could not be used for any other purpose without written permission. They sold a portion of the land for building purposes and applied for permission to use the land for non‑agricultural purposes, …

MALIKARJUNAPPA SHIVMURTHAPPA SINCE DECEASED BY HIS HEIRSversusSTATE OF MAHARASHTRA

1995 INSC 881Dismissed

The appellant's truck was seized by police for non‑payment of tax under the Motor Vehicles Act. The trial court held the seizure illegal due to the officer's alleged incompetence but denied damages, citing the appellant's contributory negligence. The High Court reversed, finding the officer …

UNION OF INDIA AND ANR.versusM/S. MURUGAN TALKIES

1995 INSC 882Disposed off

The Union of India challenged the validity of Sections 24 and 25 of the Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 and a 1986 notification requiring employers and employees to contribute to a provident fund. The Madras High Court upheld the Act but ordered the …

DHARAMDEOversusBIJARAT AND ORS.

1995 INSC 883Dismissed

The Supreme Court examined the constitutional validity of the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972, which sought to eliminate letter‑patent appeals in land‑reform matters. Petitioners contended that the Act exceeded State legislative competence, violated …

UNION OF INDIAversusSH. GANSHYAM DASS KEDIA AND ORS.

1995 INSC 884Case Partly allowed

The Birla Cotton Spinning and Weaving Mill had earmarked three acres for staff quarters in 1951; after the mill became non‑functional, its employees bought the land for residential use. The land was later included in a planned‑development acquisition under sections 17(1) and 17(4) of the Land …

SULTAN SINGHversusSTATE OF HARYANA AND ANR.

1995 INSC 885Disposed off

The appellant, a workman, was terminated and his demand for reinstatement was rejected. He applied to the State Government for a reference of the dispute under Section 10(1) of the Industrial Disputes Act, 1947; the first application was refused and a second application was also rejected on the …

STATE OF KERALA ETC.versusVARKEY MATHEW AND ORS. ETC.

1995 INSC 887Appeal(s) allowed

The deceased Varkey Mathew died in 1973 without filing the statement of excess land required under Sections 85(2) and 85(3A) of the Kerala Land Reforms Act, 1964. The State initiated proceedings under Section 85(7) against his successors-in-interest, but the Taluk Land Board later cancelled the …

DR. V.P. MALIK AND ORS.versusUNION OF INDIA

1995 INSC 862Dismissed

The petitioners, members of the teaching specialist sub‑cadre of the Central Health Service, challenged the Government’s decision to implement the Tikoo Committee’s recommendation on promotion from the Rs 3,700‑5,000 scale to the Rs 4,500‑5,700 scale with a cut‑off date of 1 December 1991, alleging …

LAND ACQUISITION OFFICER, PUNJABversusANUDEEP KAUR AND ORS.

1995 INSC 864Appeal(s) allowed

The State Government appealed a High Court decision that had dismissed its civil revision against a civil court award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The award by the Land Acquisition Officer was dated 30 July 1981, before the amendment (Act 68 of …

SATE OF HARYANAversusTRILOK CHAND AND ORS. ETC. ETC.

1995 INSC 865Dismissed

The State of Haryana appealed against an award granted in a dispute with Trilok Chand and others. The High Court had earlier ordered the parties to bring their legal representatives on record within a specified period. The appellant failed to comply with this direction, and no steps were taken to …

STATE OF WEST BENGAL AND ANR.versusBANDAN BAYEN AND ORS.

1995 INSC 854Appeal(s) allowed

The State of West Bengal recruited candidates for the post of Lower Division Clerk (LDC) in district and sub‑divisional offices under the West Bengal Board's Miscellaneous Rules, 1955, which required a minimum typing speed of 30 words per minute. Forty‑four respondents who failed the typing test …

GANGAL RAMversusSTATE OF HARYANA AND ORS.

1995 INSC 855Disposed off

In December 1992 the State of Haryana conducted an examination for Road Inspectors, declaring two candidates selected on 1 January 1993. Subsequently, on 16 July 1993, fourteen additional candidates were appointed by promotion, allegedly without any selection process and possibly involving bribes. …

BAHADUR SINGH NARODA AND ORS.versusSTATE OF M.P. ORS.

1995 INSC 856Dismissed

The appellants, who were holding certain posts, filed an appeal against a decision of the Madhya Pradesh State Administrative Tribunal that ordered them to be continued in their positions until regularly selected candidates were appointed and took charge. The State filed a counter‑affidavit stating …

MARY JOHNYversusUNION OF INDIA

1995 INSC 857Dismissed

Mary Johny, a Group C employee of Doordarshan Kendra in the Maharashtra‑Goa‑Dadar‑Nagar Haveli region, challenged her promotion and transfer to Akashvani (All India Radio) within the same region, contending that she had elected to remain with Doordarshan when the two services were bifurcated in …

THE STATE OF MAHARASHTRAversusDEORAO AND ANR. ETC.

1995 INSC 858Disposed off

The State of Maharashtra appealed against a Tribunal order concerning daily‑wage workers in the Forest Department who sought regular absorption after eight years of service. The State had framed a scheme prescribing minimum education, age (28 years, with a 5‑year relaxation for backward classes) and …

KARUNA LAHIRIversusGAUTAM KUMAR CHAKRABORTY AND ORS.

1995 INSC 859Dismissed

The appellant, Karunalahiri, and the first respondent, Gautam Kumar Chakraborty, were initially appointed on an ad‑hoc basis in the Orissa State Law Department. A selection committee placed the respondent at serial No. 1 and the appellant at serial No. 3, with confirmation to be made by the State …

SITA DEVI WD/O MUKAND LALversusSTATE OF HARYANA AND ANR.

1995 INSC 860Disposed off

Sita Devi, widow of Mukand Lal, appealed against the State of Haryana challenging the award of compensation for land acquired under the Land Acquisition Act, 1894. The Collector’s award (26‑Nov‑1976) and the reference court’s award (10‑Jan‑1985) raised questions about entitlement to solatium, …

DR. KM. SUMAN AGARWALversusTHE VICE CHANCELLOR AND ORS.

1995 INSC 807Disposed off

The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the …

STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ORS.versusSARTI DEVI

1995 INSC 790Disposed off

Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts …

UNION OF INDIA AND ORS.versusJAYAKUMAR PARIDA

1995 INSC 791Case Partly allowed

Jayakumar Parida, appointed as an Extra‑Departmental Branch Post Master in 1989, was terminated in 1991 under Rule 6 of the Posts and Telegraph Extra‑Departmental Agents (Conduct and Salaries) Rules, 1964, on the ground that he had produced a false income certificate at the time of appointment. No …

MS. HARVINDER CHAUDHARY SRIVASTAVAversusUNION OF INDIA AND ORS.

1995 INSC 792Disposed off

The Supreme Court entertained a writ petition under Article 32 filed by legal representatives of victims of a fire tragedy in Delhi, seeking compensation for the deceased and for injuries, medical expenses, and mental agony suffered by survivors. The petitioners contended that the Delhi …

G. NAGAMMA AND ANR.versusSIROMENAMMA AND ANR.

1995 INSC 793Appeal(s) allowed

The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of …

MUNICIPAL COMMITTEE, KARNALversusNIRMALA DEVI

1995 INSC 786Appeal(s) allowed

The respondent, Nirmala Devi, constructed a shop on a 4 ft × 6½ ft portion of a road in Karnal that was deemed a public street. The Municipal Committee issued a notice for demolition; when the respondent failed to comply, the Committee demolished the shop. The respondent sued for damages of Rs …

SATYA NARAYAN ATHYAversusHIGH COURT OF M.P. AND ANR.

1995 INSC 787Dismissed

The petitioner, a Civil Judge appointed on probation after six months of training, remained on probation beyond the two‑year period without a confirmation order. The Madhya Pradesh High Court, finding his performance unsatisfactory, discharged him under Rule 52(a) of the M.P. Government Service …

GURBACHAN SINGHversusBRAG SINGH AND ORS.

1995 INSC 788Dismissed

The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the …

SMT. SHAKUNTALABAI AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 779Dismissed

In this civil appeal, the Supreme Court examined the method of determining market value for compensation under the Land Acquisition Act, 1894. The State had acquired 20 acres of land from the appellants, and the Land Acquisition Officer fixed compensation based on the claimants' own purchase price …

DURGA PRASAD (DEAD) BY LRS.versusSMT. GITA KUMAR AND ORS.

1995 INSC 780Disposed off

The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending …

P. BHASKARAN AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 781Dismissed

The appellants, LDCs in the Western Zone of the Controller of Imports and Exports, were promoted on an ad‑hoc basis in 1980 after exercising an option for transfer on promotion. The respondents, senior LDCs, were given the same option only in 1981 and claimed seniority over the appellants, arguing …

FOOD CORPORATION OF INDIAversusV.K. SUKUMARAN ETC. ETC.

1995 INSC 782Dismissed

The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of …

MRS. NUTAN J. PATELversusS.V. PRASAD AND ANR.

1995 INSC 770Appeal(s) allowed

Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article …

SHEO NANDAN SINGHversusUNION OF INDIA AND ORS.

1995 INSC 771Dismissed

The appellant, S.N. Singh, a former railway shunting porter, claimed that his true date of birth was 22 January 1936, contrary to the 22 January 1926 recorded in his service file, and therefore argued that he was not liable to retire on 31 January 1984. He challenged the superannuation order before …

THE STATE OF MAHARASHTRAversusNANAKCHAND PYARMAL AND ORS.

1995 INSC 772Disposed off

The State of Maharashtra acquired land under a notification of the Land Acquisition Act, 1894 and the Collector made an award of compensation that the respondents accepted. One claimant later obtained a reference under section 18, and the District Judge enhanced the compensation to Rs.10 per square …

THE STATE OF PUNJAB AND ORS. ETC.versusSHAMBHU NATH SINGLA AND ORS.

1995 INSC 773Disposed off

The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not …

THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.

1995 INSC 763Appeal(s) allowed

The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or …

RAJPALversusSTATE OF HARYANA AND ORS.

1995 INSC 756Appeal(s) allowed

The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment …

RESHAM SINGH PYARA SINGHversusABDUL SATTAR

1995 INSC 757Dismissed

The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. PANDURANG AND ORS.

1995 INSC 758Appeal(s) allowed

The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, …

PRAKASH MAROTIRAO SHEREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 754Disposed off

The Supreme Court heard an appeal by Prakash Marotirao Shere challenging the High Court's order that the State Government appoint an administrator to oversee the election of a Maharashtra cooperative society. The Court had previously directed the appointment of an administrator and set a timetable …

STATE OF WEST BENGALversusSUBAL CHANDRA DAS AND ORS.

1995 INSC 755Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that created an intermediate pay scale for direct‑recruit Lower Division Clerks (LDCs) after the posts of Muharrirs were redesignated and fused into the LDC cadre. The Supreme Court examined whether former Muharrirs, now LDCs, …

SHANTISTAR BUILDERSversusNARAYAN KHIMALAL GOTAME AND ORS. ETC.

1995 INSC 753Disposed off

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit …

ASHWANI KUMAR AND ORS. ETC. ETC.versusSTATE OF BIHAR AND ORS. ETC. ETC.

1995 INSC 743Disposed off

The Supreme Court examined the massive appointment of over 6,000 Class III and IV employees by Dr. A.A. Mallick, Deputy Director of the Tuberculosis Scheme, without written orders and in violation of the 1980 and 1982 recruitment circulars. The appellants claimed that their casual appointments were …

AMITA KAUSHISH AND ORS.versusSANJAY KAUSHISH AND ORS.

1995 INSC 748Disposed off

The Supreme Court entertained an appeal under Article 136 seeking special leave to direct the Delhi High Court to fix an early date for the final hearing of a pending appeal. The High Court had earlier ordered the matter to be listed for hearing on October 17, 1994, but the date had lapsed and the …

JAI NARAIN RAMversusSTATE OF U.P. AND ORS.

1995 INSC 749Appeal(s) allowed

In 1988 the Uttar Pradesh government advertised fifteen Treasury Officer‑Accounts Officer posts, four of which were reserved for Scheduled Caste (SC) candidates. The State Public Service Commission (PSC) recommended four names, but those candidates never joined the service. The appellant, Jai Narain …

STATE OF M.P. AND ORS.versusSHYAMA PARDHI ETC. ETC.

1995 INSC 750Appeal(s) allowed

The Madhya Pradesh Public Health and Family Welfare Department’s 1989 recruitment rules for Auxiliary Nurse‑cum‑Midwife (ANM) required a 10+2 qualification with Physics, Chemistry and Biology. The respondents, who lacked this qualification, were nevertheless selected by the District Medical Officer …

STATE OF TAMIL NADU AND ANR. ETC.versusMAHALAKSHMI AMMAL AND ORS. ETC.

1995 INSC 751Appeal(s) allowed

The State acquired land under the Land Acquisition Act, 1894, publishing a notification in 1978, making an award in 1986 and taking possession later that year. The respondents challenged the acquisition on grounds of alleged discrimination under Article 14, the effect of an errata notification, …

INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.

1995 INSC 720Appeal(s) allowed

The Supreme Court examined whether medical services rendered by doctors, hospitals and nursing homes fall within the definition of "service" under Section 2(1)(o) of the Consumer Protection Act, 1986, and thus attract consumer‑redress. It held that services provided for consideration – even if …

UNION OF INDIA AND ORS.versusSURESH C. BASKEY AND ORS. ETC. ETC.

1995 INSC 721Appeal(s) allowed

The Supreme Court considered whether workmen of the Government Mint in Calcutta, who were allotted government accommodation and therefore did not receive house rent allowance (HRA), could notionally include HRA in the "ordinary rate of wages" for calculating overtime allowance under Section 59 of …

JAGDISH PRASADversusTHE STATE OF BIHAR AND ANR.

1995 INSC 725Dismissed

Jagdish Prasad, who was four years old when his father, a government employee, died in harness in 1971, filed a writ petition after attaining majority in 1994 seeking a compassionate appointment. The High Court dismissed the petition, and the appellant appealed to the Supreme Court. The Court held …

DAKSHABEN B. PATELversusTHE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.

1995 INSC 712Appeal(s) allowed

Dakshaben B. Patel appealed against the Administrator of the UT of Daman and Diu after the Central Administrative Tribunal extended her time by six months to obtain an M.Phil degree. She secured the degree within the extended period, and a notification dated 6 July 1992 confirmed her eligibility. …

PRAMLLAversusRAMESHWAR AND ANR.

1995 INSC 686Disposed off

The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of …

JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusCHILDREN'S ACADEMY, JAIPUR AND ANR.

1995 INSC 687Appeal(s) allowed

The Jaipur Development Authority (JDA) offered 15,000 sq. yards of land to Children’s Academy at a reserved price of Rs 160 per sq. metre, requiring full payment of Rs 20,31,820.90. The Academy deposited only Rs 1 lakh, leading to cancellation of the offer. A fresh offer was later made under the …

UNION OF INDIA AND ANR.versusG.K. VAIDYANATHAN AND ORS.

1995 INSC 673Appeal(s) allowed

The dispute concerned seniority in the post of Chargeman Grade‑I in the Ministry of Defence, where recruitment was by promotion and direct recruitment under an 80:20 rotation rule. The first respondent (a promotee) was placed junior to direct recruits in the 1982 seniority list and sought its …

SRI MANOHARversusSTATE OF KARNATAKA AND ORS.

1995 INSC 674Disposed off

Sri Manohar appealed against the Karnataka Administrative Tribunal’s dismissal of his service law claim on the ground of laches. The Tribunal had accepted the employer’s explanation for the delay and dismissed the case without a counter‑affidavit from the respondents. The Supreme Court noted that …

PUNJAB STATE AND ANR.versusDARSHAN KUMAR

1995 INSC 675Appeal(s) allowed

Darshan Kumar filed a suit on 25 September 1989 challenging several orders of the competent authority that had withheld his service increments. The trial court held the suit was not barred by limitation because the enquiry procedure under the relevant rules was not followed. The appellate court …

MANDEEP KUMAR ETC.versusSTATE OF HARYANA AND ANR. ETC.

1995 INSC 676Appeal(s) allowed

The appellants, former government employees, were dismissed for multiple unauthorised absences amounting to marginal lapses of one to two days. They challenged their dismissal before the Supreme Court, seeking reinstatement with full back‑pay. The Court examined whether such marginal lapses …

STATE OF MANIPURversusSHRI NAMBAM DWIJEN SINGH AND ORS.

1995 INSC 677Disposed off

The State of Manipur appealed a Gauhati High Court order that had upheld the filling of vacant Executive Engineer posts in the Civil Circle of the Electricity Department without directing the government to fill all vacancies. The Supreme Court observed that before deciding the merits, the State …

STATE OF GUJARATversusNARGES K. PANTHAKY

1995 INSC 678Appeal(s) allowed

The State of Gujarat initiated proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 to determine the ceiling and surplus area of a parcel of land. The respondent claimed that an agreement dated 14 October 1969 had transferred 30 acres to his mother, a transfer that had been recorded …

INDER SINGH AND ORS.versusUNION OF INDIA AND ANR.

1995 INSC 679Dismissed

The Land Acquisition Collector issued an award fixing compensation for three belts of land. Twenty‑two landowners, including the appellants, signed Form K under Rule 9(5)(i) of the Rules, thereby accepting the compensation without protest. Subsequently the appellants filed a writ petition in the …

THE CANTONMENT BOARD. JABALPLIR AND ORS.versusSRI S.N. AWASTHI AND ORS.

1995 INSC 680Disposed off

The Jabalpur Cantonment Board had initially granted permission to S.N. Awasthi and others to construct a building, but later cancelled it. The respondents challenged the cancellation before the High Court, which set aside the cancellation on grounds of natural justice, lack of distinction between …

M/S. LONGIA BIRL COMPANY THROUGH MD. ZIRAZUDDINversusUNION OF INDIA AND ORS.

1995 INSC 681Disposed off

M/s Longia Bir Company, through its MD, appealed to the Supreme Court against a Patna High Court order dismissing its writ petition concerning the computation of liability under the Provident Fund Miscellaneous Provisions Act, 1952. The appellant argued that it was not given an opportunity to be …

BAPU MAHADU. MALI & ORS.versusVITHALRAO BHAUSAHEB DESHMUKH AND ANR.

1995 INSC 682Dismissed

In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, …

THE SPECIAL LAND ACQUISITION OFFICERversusSIDDAPPA UJANAPPA MADAR

1995 INSC 683Appeal(s) allowed

The Special Land Acquisition Officer appealed against a compensation order awarded to Siddappa Ujanappa Iviadar, challenging the applicability of Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act. The Court observed that the questions raised had …

GAUHATI UNIVERSITYversusSHRI NIHARLAL BHATTACHARJEE

1995 INSC 684Appeal(s) allowed

The Gauhati University was served a summons on 28 May 1990 to appear on 29 May 1990 in a suit. The University sought an adjournment, the case was adjourned to 19 July 1990, but the new date was never communicated, leading to an ex parte decree. The University filed an application under Order IX Rule …

B.C. CHATURVEDIversusUNION OF INDIA AND ORS.

1995 INSC 661Appeal(s) allowed

The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the …

BHATTAD LEASING AND FINANCE CO. LTD.versusMR. NUSLI NEVILLE WADIA AND ORS.

1995 INSC 641Dismissed

Bhattad Leasing and Finance Co. Ltd. appealed to the Supreme Court against a contempt proceeding initiated by the Bombay High Court against Mr. N. Neville Wadia and others. The High Court had alleged that respondents 5, 6 and 7 violated a status‑quo order dated 30 May 1994, while respondents 1‑4 …

THE STATE OF PUNJAB AND ANR.versusJAGIR SINGH ETC.

1995 INSC 644Appeal(s) allowed

The State of Punjab appealed against a High Court order that, while confirming the Collector's award of compensation for land acquisition, also granted additional statutory benefits under the Land Acquisition (Amendment) Act, 1984. The Supreme Court held that a court can award the extra amounts …

STATE OF KARNATAKAversusMALLINATH AND ORS.

1995 INSC 645Appeal(s) allowed

The State of Karnataka appealed against the award made by the Collector in a land acquisition proceeding involving Mallinath and others. The issue was whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by the Land Acquisition (Amendment) Act 68 of 1984, which provides for …

DEOKINANDAN AND ORS.versusSURAJPAL AND ORS.

1995 INSC 646Appeal(s) allowed

In a civil suit concerning 0.7 acres of land covered by the U.P. Zamindari Abolition and Land Reforms Act, 1951, the defendant objected that the suit was barred under Section 331 of the Act. The trial court and the appellate court rejected the objection, and the High Court dismissed the second …

PROPRIETOR, M/S. JABALPUR TRACTORSversusSEDMAL JAINARAIN AND ANR.

1995 INSC 647Appeal(s) allowed

The proprietor of Mis. Jabalpur Tractors claimed garage charges of Rs. 18,000 against Sedmal Jainarain and another. The same dispute was already pending before the District Court (C.S. No. 49‑B/1990). The State Consumer Forum held the claim could not be entertained as it was sub‑judice, but the …

COMMISSIONER, SALEM MUNICIPALITYversusT. KURALMANI AND ANR.

1995 INSC 648Appeal(s) allowed

The Commissioner of Salem Municipality appealed to the Supreme Court against an order of the Tamil Nadu Administrative Tribunal that had summarily disposed of the matter without hearing the rival contentions. The Supreme Court held that the Tribunal was not justified in such summary disposal, as the …

NANDKUMAR NARAYANRAO GHODMAREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 649Appeal(s) allowed

The appellant, a colour‑blind candidate, was selected by the Public Service Commission for the post of Agricultural Officer (Class II) but was not appointed because of his visual handicap. The appellant challenged the refusal before the Maharashtra Administrative Tribunal, which dismissed his claim, …

SANJAY DUTTversusSTATE OF MAHARASHTRA

1995 INSC 625Appeal(s) allowed

The appellant, Sanjay Dutt, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959 for the Bombay bomb blast. His bail application was rejected by the Designated Court. Following the Supreme Court’s direction in Kartar Singh v. State of Punjab, …

A. WATI AOversusTHE STATE OF MANIPUR

1995 INSC 621Dismissed

The appellant, a senior IAS officer, was convicted under IPC 120‑B read with Section 5(1)(d) of the Prevention of Corruption Act for conspiring to award a contract to a black‑listed firm at exorbitant rates. The trial court imposed a fine of Rs 10,000 and imprisonment till the rising of the court; …

STATE OF MAHARASHTRA AND ANR.versusPOOJA BREW-CHEM INDUSTRIES P. LTD. AND ANR.

1995 INSC 576Appeal(s) allowed

Maharashtra State and others appealed a Bombay High Court order that directed the issuance of a D.S.V. licence and release of an alcohol quota to Pooja Brew‑Chem Industries Ltd. The company had applied for a licence under Rule 26 of the Bombay Denatured Spirit Rules, 1959, to manufacture certain …

STATE OF ANDHRA PRADESHversusKORUKONDA SURYANARAYANA CHOWDHARY

1995 INSC 577Appeal(s) allowed

The State of Andhra Pradesh sued Korukondasuryanarayana Chowdhary alleging that lands he had sold were to be counted towards his agricultural‑holding ceiling under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Chowdhary submitted an affidavit stating that the sale …

MADHUKAR BAKRU PINGALversusSHRI RAJENDRA D. GAIKWAD AND ORS.

1995 INSC 567Appeal(s) allowed

The appellant, Madhukar B. Pingal, was selected and appointed as Police Patil based on a selection scheme that allotted 50 % of the total marks to a written test and 50 % to a viva‑voce. An unsuccessful candidate (Respondent‑I) challenged the appointment before the Maharashtra Administrative …

DILAWAR SINGH (DEAD) THROUGH LRS.versusADDL. DISTRICT JUDGE, GHAZIABAD

1995 INSC 568Dismissed

The appellant, Dilawar Singh (deceased) through his legal representatives, filed a return under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, claiming that he had gifted several parcels of land to his grand‑nephew. The Prescribed Authority and the lower appellate court …

G. SRIDHARAMURTIversusHINDUSTAN PETROLEUM CORPORATION LTD. AND ANR.

1995 INSC 569Dismissed

The landlord leased premises to Esso Company in 1969. When Esso merged into Hindustan Petroleum Corporation Ltd (HPC) in 1974, the landlord filed an eviction suit under the Karnataka Rent Control Act, 1961 alleging sub‑letting. The lower courts dismissed the suit, holding that under the Esso …

DELHI CLOTH AND GENERAL MILLS CO. LTD.versusSTATE OF M.P. AND ORS.

1995 INSC 560Dismissed

The appellant, Delhi Cloth and General Mills Co. Ltd., was the manufacturer of vanaspati ghee that was found adulterated when sold by Laxmi Narain, who was prosecuted under Section 16 of the Prevention of Food Adulteration Act, 1954. During the trial, the magistrate, on the basis of evidence that …

STATE OF KERALAversusMALAYALAM PLANTATION LTD.

1995 INSC 561Dismissed

The State of Kerala acquired 8.83 hectares of land under Section 19 of the Kerala Land Acquisition Act, 1963, to extract granite for a dam project. A commissioner was appointed to assess the quantity of granite, the extent of land, and the compensation payable, reporting 7,12,500 cubic meters of …

SARDAR DILSHAR SINGHversusTHE LABOUR COMMISSIONER AND ANR.

1995 INSC 562Dismissed

The appellant, a partner in a firm, was subject to a Labour Court certificate directing the District Collector to recover Rs. 62,843.50 as arrears of land revenue under the Punjab Land Revenue Act, 1887. When a bailiff attempted to attach his movable property, the appellant promised to appear before …

SH. JANGLI AND ORS.versusSMT. BHAGWATI AND ORS.

1995 INSC 563Dismissed

The appellant, a tenant of Smt. Ajudhia, sought a declaration of title over a parcel of agricultural land that had been sold in execution of a money decree against her and later transferred to an auction‑purchaser, respondent No. 11. The appellant had earlier obtained a decree under the Punjab …

KONDOPANTversusARJUNA AND ORS.

1995 INSC 566Dismissed

In a review petition arising from a civil appeal, the Bombay High Court had earlier declared the respondent a surplus holder under the Land Ceiling Act and allowed him to file a review if he was later found to be within the ceiling limit. The review petition was filed, but it raised new grounds that …

SH. KISHAN DAS AND ORS.versusTHE STATE OF U.P. AND ORS.

1995 INSC 564Dismissed

The appellants' land was acquired in September 1976 and possession was taken on December 16, 1976. Due to litigation, the Land Acquisition Officer could not pass the award until March 22, 1983. The appellants claimed interest at 12% per annum for the delay. The Supreme Court held that under Section …

KAMESHWAR PRASADversusSTATE OF BIHAR AND ORS.

1995 INSC 555Appeal(s) allowed

Kameshwar Prasad was appointed as a vaccinator under the Small Pox Eradication Scheme in 1975. The scheme was discontinued in 1985 and a resolution (No. 2215, 11‑Feb‑1985) directed that 25% of senior officers be retained and the remaining 75% be absorbed in equivalent regular posts. While awaiting …

K. ADIVI NAIDU AND ORS.versusE. DURUVASULU NAIDU AND ORS.

1995 INSC 556Appeal(s) allowed

In a partition suit concerning joint family property, the trial court issued a preliminary decree dividing the schedule properties into two equal shares, one to the plaintiff and one to the first defendant. The decree was confirmed by a single High Court judge but set aside by a division bench, …

SANTOSH JAYASWAL AND ANR.versusSTATE OF M.P. AND ORS.

1995 INSC 557Disposed off

The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The …

J. VASUDEVANversusT.R. DHANANJAYA

1995 INSC 547Rejected

The Supreme Court sentenced a State Government officer, J. Vasudevan, to one month’s simple imprisonment for wilful disobedience of its order. The officer applied for remission of the sentence invoking the Court’s mercy jurisdiction, while a colleague had approached one of the judges to seek mercy …

STATE OF BIHAR AND ORS.versusTATA ENGINEERING AND LOCO.CO. LTD. AND ANR.

1995 INSC 548Disposed off

The State of Bihar appealed against Tata Engineering & Loco Co. Ltd. and another party concerning the grant of a mining lease that had already expired. The appeal arose after a related civil appeal (No. 3996/87) was withdrawn, raising the question of whether the High Court's earlier judgment should …

RAIMATI SAHUANIversusPANKA.JA SAHU (DEAD) BY LRS. AND ORS.

1995 INSC 549Appeal(s) allowed

Raimati Sahuani filed a suit for declaration of title and possession of her father’s 88‑acre property, alleging that the respondents were in possession without any right. The respondents defended the suit by claiming that the first respondent was the adopted son of the appellant’s father, Urddhaba, …

UNION OF INDIAversusAJOY KUMAR PATNAIK

1995 INSC 550Appeal(s) allowed

The respondent, Ajoy Kumar Patnaik, a Collector of Customs (Appeals), was compulsorily retired under Fundamental Rule 56(j) on the ground of "doubtful integrity" after a screening committee cited his misclassification of tariff items and disposal of appeals contrary to import policy, which allegedly …

STATE OF M.P.versusSURESH GUPTA AND ANR.

1995 INSC 551Disposed off

The State of Madhya Pradesh appealed against Suresh Gupta and another, seeking direction on pending criminal matters. The High Court had earlier issued findings and observations in W.P. Nos. 671 & 596 of 1995. The appellant and respondent agreed that the lower courts should decide the pending and …

R. CHANDEVARAPPA ETC. ETC.versusSTATE OF KARNATAKA AND ORS. ETC. ETC.

1995 INSC 552Dismissed

The original grantee, Dasana Rangaiah, was allotted two acres of government land in 1951 under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. He sold the land to the appellant in 1968, but a 1987 representation led the Assistant Commissioner to …

PALGHAT BPL AND PSP THOZHILALI UNIONversusBPL INDIA LTD. AND ANR.

1995 INSC 544Appeal(s) allowed

During a strike at BPL India Ltd., three workmen affiliated with the Palghat BPL and PSP Thozhilali Union assaulted company officers at a bus‑stop outside the factory, throwing stones and causing injuries. The employer dismissed the workmen under Clause 39(h) of its certified Standing Orders, …

J.G. PRASADA RAO ETC. ETC.versusTHE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC.

1995 INSC 545Appeal(s) allowed

The appellant, J.G. Prasada Rao, claimed seniority over several respondents in the Andhra Pradesh Divisional Accounts Officers Service based on having passed the Divisional test earlier. The State Government had absorbed Divisional Accountants, SAS Accountants and SAS passed Auditors from the …

MAJOR ASHOK KUMAR SINGHversusVITH ADDL. SESSIONS JUDGE, VARANASI AND ORS.

1995 INSC 541Dismissed

The appellant and respondent were married in 1981. The wife filed a petition under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance and a separate residence on the ground that the husband was impotent and neglected her. The magistrate awarded Rs. 500 per month, which was …

DHARAMVIRversusSTATE OF U.P. AND ORS.

1995 INSC 535Disposed off

The appellant, Dharmavir, worked as a teacher at Adarsh Higher Secondary School from 3 September 1985 after a reserved post remained vacant and another teacher left. He claimed entitlement to salary for the period he performed duties, while the Management alleged that he had already received double …

BRIGHU NATH SAHAY SINGH AND ORS.versusMD. KHALILUR RAHMAN AND ORS.

1995 INSC 536Dismissed

The appellants, former land intermediaries, claimed ownership of a 4‑bigha agricultural plot in Begusarai, Bihar, and obtained a decree for possession in the trial court and first appellate court. The Patna High Court reversed, holding that under the Bihar Land Reforms Act, 1950, the land vested in …

U.P. SALES TAX ASSN.versusTAXATION BAR ASSOCIATION AND ORS.

1995 INSC 525Appeal(s) allowed

The Uttar Pradesh Sales Tax Association challenged a writ issued by the Allahabad High Court that restrained a Deputy Commissioner (Appeals) Sales Tax, Agra, from exercising his quasi‑judicial powers under Section 9 of the Uttar Pradesh Sales Tax Act, 1948, and ordered the transfer of his pending …

RAM KISHANversusUNION OF INDIA AND ORS.

1995 INSC 529Appeal(s) allowed

Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), …

K. KANDASWAMYversusUNION OF INDIA AND ANR.

1995 INSC 530Dismissed

K. Kandaswamy, an IPS officer, was compulsorily retired by the Government of India under Rule 56(j) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, after a special report raised doubts about his integrity, including a suspicious request to purchase a coffee estate. He …

B.D. JADHAVARversusK.D. BHAGWAN AND ORS.

1995 INSC 531Dismissed

The appellant was initially appointed as an ad‑hoc lecturer in a college that lacked sufficient students, and was transferred to another college where he was directed to report for duty. Instead of reporting, he demanded a regular appointment, which was refused, and he obtained a tribunal order …

STATE OF HIMACHAL PRADESHversusNIKKU RAM AND ORS.

1995 INSC 519Case Partly allowed

The deceased Roshani was married in 1985 and, five to six months later, her husband, mother‑in‑law and sister‑in‑law allegedly demanded additional dowry items such as a television, fan and buffalo. The mother‑in‑law allegedly inflicted a wound with a sickle; the deceased later ingested naphthalene …

STATE OF PUNJABversusPRITAM SINGH ETC. ETC.

1995 INSC 520Dismissed

The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & …

V.M. MATHEWversusV.S. SHARMA AND ORS.

1995 INSC 510Appeal(s) allowed

The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce …

STATE OF ORISSAversusDHOBEI SETHI AND ANR.

1995 INSC 511Appeal(s) allowed

The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) …

UNION OF INDIA AND ORS.versusN.V. PHANNENDRAN

1995 INSC 512Appeal(s) allowed

N.V. Phannendran, a travelling ticket examiner, was removed from service by the Divisional Railway Manager (DRM). He challenged the removal before the Central Administrative Tribunal (CAT), arguing that the DRM, not being the appointing authority, lacked competence to impose removal under the …

SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusSRI DYAVAPPA AND ORS.

1995 INSC 513Dismissed

The Special Land Acquisition Officer acquired 7.14 cents of land near Bangalore for an agricultural university. The Collector awarded Rs 12,000 per acre for 5.20 cents of agricultural land and Rs 1,000 per acre for 1.34 cents treated as phot‑kharab land. On reference under s.18, the Court relied on …

U.P. STATE SUGAR CORPORATION LTD.versusSTATE OF U.P. AND ORS.

1995 INSC 515Appeal(s) allowed

The appellant, U.P. State Sugar Corporation Ltd., sought exemption of 2.18 acres of a 2.40‑acre parcel slated for acquisition under the Land Acquisition Act, 1894, arguing that the land was needed for the convenient enjoyment of its General Manager's residence and staff quarters. The corporation …

STATE OF U.P.versusRAVINDER NATHCHATURVEDI AND ANR.

1995 INSC 503Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's order that set aside a disciplinary penalty imposed on Ravinder Nath Chaturvedi and another respondent. The High Court had held that the respondents were not given a reasonable opportunity to be heard during the inquiry and that …

UNION OF INDIAversusRANGJLA RAM (DEAD) BY LRS.

1995 INSC 504Appeal(s) allowed

The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of …

STATE OF U.P.versusRATAN LAL ETC.

1995 INSC 505Disposed off

The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of …

JAWALA RAM AND ANR.versusSTATE OF H.P.

1995 INSC 506Appeal(s) allowed

The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, …

CHANDRASHEKHAR GAJANAN BHOGAONKARversusYESHWANT DHONDI POTDAR AND ORS

1995 INSC 507Dismissed

The appellant, Chandrashekhar Gatanan Bhogaonkar, filed a civil appeal challenging the findings of lower courts regarding his possession of a disputed parcel of land and the grant of an ad interim injunction. The trial court held that the appellant was in possession and that granting an injunction …

T.R. DHANANJAYAversusVASUDEVAN

1995 INSC 497Case Allowed

The petitioner, T.R. Dhananjaya, was entitled by a Supreme Court direction to be promoted to Engineer‑in‑Chief and to receive consequential benefits, with the Bangalore City Corporation instructed to create a supernumerary post for him. The Karnataka Government, however, issued an order promoting …

STATE OF HIMACHAL PRADESH AND ORS.versusSHRI DHARAM DAS

1995 INSC 498Appeal(s) allowed

The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to …

V.M. SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 499Appeal(s) allowed

The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a …

MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.

1995 INSC 500Appeal(s) allowed

The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 …

STATE OF GUJARAT ETC. ETC.versusDAYA SHAMJI BHAI ETC. ETC.

1995 INSC 501Appeal(s) allowed

The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference …

VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.

1995 INSC 490Dismissed

The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their …

STATE OF HARYANA AND ANR.versusD.L. UPPAL AND ORS.

1995 INSC 491Disposed off

The respondents were Physical Training Instructors employed by the Central Government who were later absorbed into the Haryana State Service as P.E.T.s/D.P.Es effective July 1, 1976. Their appointment order stipulated that from the date of absorption they would receive all allowances admissible to …

KULDIP CHANDversusUNION OF INDIA AND ORS.

1995 INSC 492Dismissed

Respondent-4 (Ashok Kumar) claimed promotion to accountant, asserting seniority as a clerk since November 29, 1976, after the octroi moharrar and clerk posts were merged. The appellant (Kuldip Chand) argued that his fortuitous posting as a store‑keeper, though at a higher pay scale, gave him …

ST ATE OF BIHAR AND ORS. ETC. ETC.versusB.S. MATHUR AND ORS. ETC. ETC.

1995 INSC 493Appeal(s) allowed

The respondents were government servants who were deputed to the Rajendra Agricultural University, resigned from government service and were subsequently absorbed as university employees. Upon their retirement, the State of Bihar denied liability for any pension, relying on section 39(20) of the …

JETHI DEVIversusBHAKRA BEAS MANAGEMENT BOARD AND ANR.

1995 INSC 494Appeal(s) allowed

The appellant, a widow of a deceased government employee, was appointed to a Class IV post on compassionate grounds under a rehabilitation scheme. Her services were later terminated on the ground that she had allegedly married her late husband's brother and concealed this marriage and the birth of a …

D.D.A.versusBHAVANA COOP. GROUP HOUSING SOCIETY LTD.

1995 INSC 495Appeal(s) allowed

The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its …

ANIL SARANversusTHE STATE OF BIHAR AND ANR.

1995 INSC 496Dismissed

The appellant, a partner in a film‑exhibition partnership, was alleged to have colluded with another firm to misappropriate film prints and proceeds, leading the second respondent to file a complaint before the Chief Judicial Magistrate, Patna. The Chief Judicial Magistrate examined the complainant …

STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.

1995 INSC 485Dismissed

The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under …

BHAGWANT RAI AND ORS.versusSTATE OF PUNJAB AND ORS

1995 INSC 472Appeal(s) allowed

The appellants owned a house in Sangrur that was assessed for the 1987‑88 year at a rateable value of Rs 1,50,472.50, calculated on the basis of the actual rent of Rs 12,687 per month received from the State Bank of India, after deductions under s.3(1)(b) of the Punjab Municipal Act, 1911. The …

KHAGENDRA LALL DUTTA AND ANR.versusJACOB SOLE JACOB

1995 INSC 473Appeal(s) allowed

The appellant, the owner of a ground‑floor flat, had let the premises to Mr. Stayner in 1940. After Mr. Stayner's death, his wife succeeded to the tenancy and died on 9 July 1981. The appellant filed a suit for ejectment against the respondent, who was occupying the flat after the wife's death, …

THE TALUK LAND BOARD, KAZHIKODE AND ORS.versusDR. BABUCOMMEN THOMAS

1995 INSC 475Appeal(s) allowed

The respondent bought a cashew‑nut estate on 16 April 1969. Section 84(1) of the Kerala Land Reforms Act, 1963 declares all voluntary transfers made after the Bill’s publication on 1 April 1964, except for certain exemptions, to be void. The Kerala High Court held that the sale was saved by clause …