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B L HANSARIA

327 judgments · newest first · showing 201–327

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 476Disposed off

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their …

SUPERINTENDENT OF POLICE(C.B.I)versusDEEPAK CHOWDHARY AND ORS.

1995 INSC 477Appeal(s) allowed

A complaint was lodged that the United Bank of India, where the respondent was branch manager, had been defrauded of Rs. 45,000 in collusion with some officers. The Superintendent of Police (C.B.I.) investigated and obtained sanction under s.6(1)(c) of the Prevention of Corruption Act, 1947 to file …

STATE OF U.P. AND ORS.versusRAM KHELAWAN AND ORS.

1995 INSC 478Appeal(s) allowed

The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court …

STATE OF KERALA ETC.versusT.R. UDAY SANKARAN AND ORS. ETC.

1995 INSC 464Appeal(s) allowed

The State of Kerala acquired land under the Kerala Land Acquisition Act, 1961, issuing a notification on 22 June 1976 and an award in 1977. The Additional Subordinate Judge enhanced the compensation on 24 June 1980. The claimants sought the benefit of the 1984 amendment to the Central Land …

SPECIAL LAND ACQUISITION OFFICERversusSHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.

1995 INSC 465Appeal(s) allowed

The Supreme Court heard appeals filed by the State Government against a Karnataka High Court judgment concerning awards made by a Land Acquisition Officer on 12 October 1978 and a Reference Court on 31 March 1980. The issue was whether the claimants were entitled to the enhanced compensation …

SPECIAL LAND ACQUISITION OFFICERversusN.S. TAKKALAKI AND ORS.

1995 INSC 467Appeal(s) allowed

The State Government appealed a Karnataka High Court decision concerning lands acquired under a notification issued on 23 January 1980 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer had made an award on 28 March 1980, and the claimants later sought an additional …

SPECIAL LAND ACQUISITION OFFICERversusPUTTAIAH AND ORS.

1995 INSC 468Appeal(s) allowed

The Special Land Acquisition Officer (the State) awarded compensation under Section 11 of the Land Acquisition Act, 1894, but a dispute arose over its apportionment. The Collector referred the matter to a civil court under Section 30, depositing the compensation amount in that court as required by …

KAILASH POTLIAversusTHE STATE OF ANDHRA PRADESH

1995 INSC 457Appeal(s) allowed

Kailash Potlia was convicted of murder (section 302 IPC) and robbery (section 380 IPC) on the basis of circumstantial evidence, including a hotel clerk’s sighting, a finger injury, an alleged extra‑judicial confession to PW‑13, and a recovery statement by PW‑22. On appeal, the Supreme Court examined …

SHARADCHANDRA GANESH MULEYversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 458Dismissed

Sharadchandra Ganesh Muley, a landowner, challenged a notification under section 4(1) of the Land Acquisition Act, 1894. After the Bombay High Court dismissed his first writ petition in 1992, the Land Acquisition Officer made an award on March 30, 1994. Muley appealed, contending that the award was …

JAYASHREEversusM. SRINIVASA MURTHY

1995 INSC 459Disposed off

In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another …

STATE OF PUNJAB AND ORS. ETC.versusRAMAN RAI AND ORS. ETC.

1995 INSC 460Dismissed

The State of Punjab acquired 58 acres of land in 1979 and the Land Acquisition Officer fixed compensation at Rs 50,000 per acre for Block A and Rs 36,000 per acre for Block B. The Civil Court and subsequently the High Court enhanced the compensation to Rs 1,00,000 and Rs 60,000, and then to Rs …

UNION OF INDIAversusS.B. MISRA

1995 INSC 461Appeal(s) allowed

The respondent, a lecturer in the College of Military Engineering, was compulsorily retired following a departmental inquiry and challenged the order on the ground that he was not supplied with a copy of the inquiry report. The Central Administrative Tribunal set aside the retirement order and …

ANIRUDHSINHJI KARANSINHJI JADEJA AND ANR.versusTHE STATE OF GUJARAT

1995 INSC 451Appeal(s) allowed

The murder of Jayantilal Vadodaria led to the arrest of four assailants and two villagers, Anirudhsinh Jadeja (Sarpanch) and Digubha Jadeja, who had concealed the murder weapons on the latter's field. The State invoked the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) against the …

STATE OF KARNATAKA AND ORS.versusNARASIMHA MURTHY AND ORS.

1995 INSC 453Appeal(s) allowed

The State of Karnataka, under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, issued a notification under Section 3(1) announcing its intention to acquire land for house sites for the weaker sections. The land’s recorded owner was served notice, but the notification did not …

R. RAMASWAMYversusGOVERNMENT OF TAMIL NADU AND ORS.

1995 INSC 454Appeal(s) allowed

R. Ramaswamy was appointed temporarily as Project Officer in 1979 and later regularised as a permanent Project Officer, a post deemed equivalent in status and pay to Assistant Director. When he was temporarily promoted to Assistant Director and sought promotion to Deputy Director, the question arose …

R.V. BHUPAL PRASADversusSTATE OF ANDHRA PRADESH AND ORS.

1995 INSC 455Dismissed

The appellant, R.V. Bhupal Prasad, held a cinema theatre under a 20‑year lease that expired in 1983. He applied for renewal of his cinema licence under the Andhra Pradesh Cinemas (Regulations) Rules, 1970, but the landlady (Respondent No.3) objected, claiming his possession was not lawful. The …

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

1995 INSC 446Dismissed

The petitioners sought a further increase in compensation for land acquired under a 1964 notification of the Land Acquisition Act, 1894, arguing that higher awards in adjacent villages and a later award of Rs. 68,000 per bigha should apply. The Supreme Court examined whether a circular issued under …

CHANDIGARH HOUSING BOARDversusAVTAR SINGH AND ANR.

1995 INSC 443Appeal(s) allowed

The Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, under Regulation 6, permit only one member among a husband, wife, unmarried children or other family members to receive an allotment of a house or flat. Both Avtar Singh and his wife separately applied for …

PRIYA VART AND ANR.versusUNION OF INDIA

1995 INSC 444Dismissed

The petitioners, Priya Vart and others, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that it should be increased from Rs.10,000 to Rs.14,000 per bigha. The High Court had enhanced the award to Rs.10,000, noting the interior location of the …

GHAZIABAD DEVELOPMENT AUTHORITY AND ORS.versusSRI VIKRAM CHAUDHARY AND ORS.

1995 INSC 401Disposed off

The Ghaziabad Development Authority (GDA) engaged several workers on daily‑wage contracts for its development projects. The workers filed a writ petition seeking regularisation of their services and parity in pay with regular employees. The Allahabad High Court single judge denied regularisation but …

G. SUNDARSANversusUNION OF INDIA AND ANR.

1995 INSC 393Dismissed

G. Sundarsan, appointed under the Scheduled Caste quota in the Income Tax Department, rose to the rank of Income Tax Inspector. Three years before his retirement, a departmental enquiry established that he did not belong to any Scheduled Caste and therefore was not entitled to the reserved post. …

N.P. THIRUGNANAM (D) BY L.RS.versusDR. R. JAGAN MOHAN RAO AND ORS.

1995 INSC 394Dismissed

The plaintiff N.P. Thirugnanam had entered into a sale agreement for a property and paid a small advance, thereafter taking possession as a tenant. He sued for specific performance, alleging the defendants had refused to execute the sale deed, while the defendants contended that the plaintiff had …

TEJ KAUR AND ANR.versusKIRPAL SINGH AND ANR.

1995 INSC 368Dismissed

The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court …

BHUKAMP PIDIT ANDOLANversusSTATE OF U.P. AND ANR.

1995 INSC 343Disposed off

The District Collectors of Uttarkashi and Tehri Garwal submitted reports on earthquake compensation claims. In Uttarkashi, after verification, no eligible victims were left out. In Tehri, out of 6,978 claimants, 6,071 were verified, 907 pending, 3,844 ineligible, 576 eligible but not yet claimed, …

DILBAG SINGHversusSTATE OF U.P. AND ORS.

1995 INSC 344Appeal(s) allowed

The appellant, a former army officer commissioned in 1974 and released in 1979, was appointed as Deputy Collector in 1979 and sought seniority from his commission date under Rule 5 of the Uttar Pradesh Non‑Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1980. …

S.L. SONIversusSTATE OF M.P. AND ANR.

1995 INSC 345Dismissed

The appellant, S.L. Soni, sought promotion to Assistant Conservator of Forest under the Madhya Pradesh Forest Service (Recruitment) Rules, 1977. A High Level Committee, constituted as per the Rules, evaluated the claims of all eligible officers based on seniority, merit, and integrity, using the …

RAGHUBAR DAYAL (DEAD)versusSTATE OF U.P. AND ORS.

1995 INSC 330Dismissed

The appellant, Raghubar Dayal (deceased), was granted parcels of land in 1956 under the Government Grants Act, 1895 for personal cultivation, subject to lease‑like covenants. In 1974 the prescribed authority, invoking the U.P. Imposition of Ceiling on Land Holdings Act, 1960, issued a notice …

ARJUNA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 331Appeal(s) allowed

The appellants challenged the High Court's finding that the respondents, being within the ceiling limit under the Maharashtra Land Ceiling Act, could not be declared surplus land holders and thus the allotment of surplus land to them was illegal. The Supreme Court directed both parties to produce …

VIJAY PAL SINGH AND ANR.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1995 INSC 332Disposed off

A landowner died leaving three sons; one son, B, died leaving his widow S, who occupied his one‑third share for maintenance under Section 11 of the U.P. Zamindari and Land Reforms Act, 1950. After S's death, her daughter C claimed the same one‑third share in consolidation proceedings. The Settlement …

INDORE DEVELOPMENT AUTHORITYversusTARAK SINGH AND ORS. ETC. ETC.

1995 INSC 317Disposed off

The Indore Development Authority (IDA) acquired land under the Land Acquisition Act, 1894 and a reference court enhanced the compensation from Rs. 25,000 to Rs. 88,000 per hectare. IDA filed a memorandum of appeal in the Madhya Pradesh High Court, paying the fixed court fee, but the High Court …

VIDYAWATIversusMAN MOHAN AND OTHERS

1995 INSC 321Dismissed

The plaintiffs filed a suit for possession of a property against the first defendant, who was deceased, and the second defendant, the petitioner. The petitioner sought to file an additional written statement asserting title under a will, but the trial court dismissed the application, holding that a …

K. RAHEJA CONSTRUCTIONS LTD. AND ANR.versusALLIANCE MINISTRIES AND ORS.

1995 INSC 322Dismissed

The petitioners filed a suit for a permanent injunction to restrain the respondents from dealing with a trust property. After the suit was filed, they discovered that the Charity Commissioner had granted permission to sell the property and sought to amend the plaint under Order 6 Rule 17 to claim …

SUNIL KUMAR JAINversusKISHAN AND ORS.

1995 INSC 308Dismissed

The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale …

STATE OF BIHARversusDHIRENDRA KUMAR AND ORS.

1995 INSC 309Appeal(s) allowed

The State of Bihar issued a notification under s.4 and a declaration under s.6 of the Land Acquisition Act, 1894 to acquire land for a housing project, and took possession on March 22, 1957, handing it to the Housing Board. The respondent filed a title suit and sought an interim injunction under …

LALITHA J. RAJversusAITHAPPA RAJ

1995 INSC 310Appeal(s) allowed

Lalitha filed a suit for declaration of title and possession and later filed an application on August 3, 1993, seeking to file a list of witnesses for summoning. Her husband, acting as general power of attorney, submitted an affidavit stating they mistakenly believed the list had already been filed, …

SHYAM LAL (DEAD) BY LRS. AND ORSversusKESHO LAL (DEAD) AND ANR.

1995 INSC 305Dismissed

The appellant, Shyam Lal (deceased) by legal representatives, appealed to the Supreme Court challenging a finding by the Allahabad High Court that certain constructions in a house were made after an earlier High Court judgment. The High Court had earlier struck off a trial court's direction for …

RAM BHAJAN SINGH AND ORS.versusMADHESHWAR SINGH (DEAD) BY LRS. AND ORS.

1995 INSC 306Appeal(s) allowed

The appellants, legal representatives of defendants 7‑9, filed a suit seeking a declaration that a compromise decree in an earlier suit (T.S. No. 72/26) was void. The trial court dismissed the suit; the appellate court held the compromise was not obtained by fraud but that the defendants had no …

PREETI SINGHversusSANDEEP SINGH AND ORS.

1995 INSC 295

The Supreme Court considered a petition for divorce by mutual consent filed by Preeti Singh and Sandeep Singh under Section 13(b) of the Hindu Marriage Act. The parties had reached a compromise in which the respondent paid Rs. 1.5 lakhs to the petitioner, deposited Rs. 1.25 lakhs and Rs. 30,000 in …

BALRAM CHANDRAversusSTATE OF U.P.

1995 INSC 291Dismissed

The petitioner challenged a land acquisition notification issued under Section 4(1) of the Land Acquisition Act, 1894 and the subsequent declaration under Section 6, arguing that the notification lacked required particulars. The District Judge, acting as the reference court under Section 18, …

THE SCHEDULED CASTE UPLIFT UNION AND ANR.versusUNION OF INDIA AND ORS

1995 INSC 285Dismissed

The Scheduled Caste Uplift Union filed a writ petition challenging an amendment to the Defence Quality Assurance Rules, 1979 which required a three‑year regular service as Junior Scientific Officer and a degree in engineering for promotion to Senior Scientific Officer Grade‑II. The petitioners, who …

M.T. PUTTALINGAPPA, MAJOR AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 281Dismissed

The appellants were appointed as Assistant Inspectors in 1963 despite lacking the then‑required degree qualification. After the 1966 rules relaxed the qualification to a diploma, the Labour Commissioner attempted to regularise their services on 15 December 1967 based on a 17 August 1966 notification …

M/S. ANGILE INSULATIONSversusM/S. DAVY ASHMORE INDIA LTD. AND ANR.

1995 INSC 273Dismissed

M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. …

MADANAGOPALversusP.K.A. RAMACHANDRA MUDALIAR (DEAD) BY LRS. AND ORS.

1995 INSC 274Dismissed

The appellant, Madanagopal, son of Jayarama Mudaliar, claimed a one‑fourth share in certain properties alleging they were joint family assets. Earlier, in 1947, his father and uncle had denied being members of the joint family and settled a partition suit by accepting a cash sum. In 1965 the …

WARDINGTON LYNGDOH AND ORS.versusTHE COLLECTOR, MAWKYRWAT

1995 INSC 266Dismissed

The case concerned lands acquired for construction of explosive magazines under the Land Acquisition Act, 1894. The Collector awarded compensation, which the petitioners accepted by signing an agreement (Ex‑B) and received the amount. Subsequently they objected to the award and, without having taken …

BUTA SINGH (DEAD) BY L.RS.versusUNION OF INDIA

1995 INSC 267Dismissed

The case involved land‑acquisition proceedings where compensation was successively enhanced by the Additional District Judge, a High Court Single Judge and a Division Bench. The claimants filed appeals under Section 54 of the Land Acquisition Act but paid court fee only on the lower amount …

STATE OF MANIPUR AND ORS.versusSMT. A. ONGBI MEMCHA DEVI AND ANR.

1995 INSC 268Appeal(s) allowed

A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the …

MOHAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.

1995 INSC 259Appeal(s) allowed

Mohan Singh, an Assistant in the Advocate‑General's Office, was promoted to Superintendent Grade‑I. Respondents Tarlok Singh and Deena Nath Singla filed a writ petition challenging the promotion, arguing that the vacancy was not a reserved one and that a direct promotion (double jump) was …

SH. JAI KISHANversusCOMMISSIONER OF POLICE AND ANR.

1995 INSC 260Dismissed

Jai Kishan was appointed as a temporary constable in the Delhi Police on 9 September 1982 and placed on probation as required by Rule 5(e) of the Central Services Temporary (Service) Rules, 1966. The rule mandates a two‑year probation, extendable up to three years, after which successful completion …

RAMBHAI LAKHANBAI BHAKTversusSTATE OF GUJARAT AND ORS.

1995 INSC 261Dismissed

The petitioner, a landowner, challenged the acquisition of his land by the State of Gujarat, arguing that the notice issued under Section 5A(2) of the Land Acquisition Act, 1894 required a personal hearing which was not provided, and that the declaration under Section 6 was published beyond the …

GOVERNMENT OF TAMIL NADU AND ANR.versusVASANTHA BAI

1995 INSC 258Appeal(s) allowed

The Government of Tamil Nadu acquired 0.87 hectare of land under the Land Acquisition Act, 1894, publishing a notification on 12‑April‑1988 and a declaration on 29‑April‑1989. The landowner challenged the acquisition in a writ petition; the High Court dismissed the petition but the landowner …

STATE OF U.P. AND ORS.versusCOMMITIEE OF MANAGEMENT OF S.K.M. INTER COLLEGE AND ANR.

1995 INSC 252Appeal(s) allowed

The State of Uttar Pradesh, through the Director of Education, issued a show‑cause notice to the Committee of Management of S.K.M. Inter College under Section 16‑D(2) and (3) of the U.P. Intermediate Education Act, 1921, alleging mismanagement, misappropriation of funds and other irregularities. The …

G. RABINATHANversusSTATE OF KARNATAKA AND ORS.

1995 INSC 242Appeal(s) allowed

G. Rabinathan, an Emergency Commissioned Officer in the defence services from June 1963 to September 1967, joined the National Cadet Corps (NCC) from December 1967 to June 1972 and was later appointed as a Probationary Commercial Tax Officer in Karnataka. He sought continuity of service for …

REV. FR. M.S. POULOSEversusVARGHESE AND ORS.

1995 INSC 232Appeal(s) allowed

Ithara and his wife Annam, owners of 7 acres and odd land, executed a deed on 5 March 1966 giving 70 cents of land absolutely to Sosa in gratitude for her service, while reserving for themselves the right to live in the building, enjoy all income, and alienate or mortgage the remaining property …

JAGDISH SINGH AND ANR.versusUNION OF INDIA AND ANR.

1995 INSC 231Dismissed

The Union acquired a large tract of land comprising seven villages for defence purposes, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 21‑01‑1977. The Collector awarded compensation on 11‑04‑1980, which was later enhanced by the Additional District Judge in 1980 and …

SUBORDINATE SERVICES SELECTION BOARDversusBIR SINGH AND ANR./RAM NIWAS AND ORS.

1995 INSC 217Appeal(s) allowed

The government reserved clerk posts in ‘A’ class offices for ex‑servicemen, allowing only matriculation as the minimum qualification for them, while general candidates required higher marks. In 1979 it was decided that, if suitable ex‑servicemen were unavailable, the dependent sons or daughters of …

STATE OF PUNJAB AND ANR.versusSMT. SIMLA RANI W/O SHRI BHAGWAN DASS

1995 INSC 218Dismissed

The respondent, Simla Rani, was allotted a booth under the Punjab Urban Estate (Sales of Sites) Rules, 1965 and paid only the initial quarter of the purchase price. The balance was to be paid in instalments with 7% interest, but she defaulted, prompting the State to invoke Rule 13 and impose a 10% …

AKSHAYA RESTAURANTversusP. ANJANAPPA AND ANR.

1995 INSC 219Dismissed

Akshaya Restaurant filed a suit for perpetual injunction against P. Anjanappa and others, alleging an agreement of sale of land. The defendants' written statement admitted a sale agreement, but later they sought to amend the statement under Order 6 Rule 17, claiming the agreement was for development …

UNION OF INDIA AND ORS.versusRAJ KUMAR GUPTA AND ORS. ETC. ETC.

1995 INSC 205Appeal(s) allowed

The respondents were appointed as Accounts Clerks Grade I in the Northern Railway and placed on probation, required to pass the departmental examination prescribed in Appendix II of the Indian Railways Establishment Manual (IREM) within a stipulated period. The Railway Board issued a circular on 24 …

THE STATE OF RAJASTHAN AND ANR.versusTARSEM SINGH AND ANR.

1995 INSC 206Appeal(s) allowed

The respondents, temporary cultivators in the Gang Canal area, were to receive permanent allotments of government land under the Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules, 1956. Because some cultivators held land exceeding the statutory ceiling, the …

STATE OF U.P. AND ORS.versusDR. R.K. TANDON AND ORS.

1995 INSC 209Appeal(s) allowed

The State of Uttar Pradesh had made 2,056 ad‑hoc appointments of doctors between 1961‑62 and later failed to regularise the posts despite recommendations of the Uttar Pradesh Public Service Commission (PSC) in 1972 and 1977‑79. Some ad‑hoc doctors, having served over 20 years, obtained court orders …

BASHIR AHMEDversusMEHMOOD HUSSAIN SHAH.

1995 INSC 188Appeal(s) allowed

The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered …

HARYANA STATE ELECTRICITY BOARD AND ANR.versusRAM GOPAL AND ANR.

1995 INSC 189Appeal(s) allowed

The respondents, Assistant Linemen, challenged a new promotion policy issued on 10 October 1988 that replaced the earlier rule reserving 15% of Lineman promotions for Assistant Linemen with Matriculation and L.T.I. The trial court dismissed their suit, the appellate court set aside that decision, …

SUCHITRA NAGversusCOMMISSIONER, SANCHAITA INVESTMENTS

1995 INSC 185Appeal(s) allowed

The trial court decreed against the husband of S. Nag, ordering attachment of a flat. The husband appealed, and the Calcutta High Court affirmed the decree, focusing solely on the husband's liability. The wife (appellant) subsequently filed objections, asserting that she was the independent owner of …

S. RANGARAJU NAIDUversusS. THIRUVARAKKARASU.

1995 INSC 176Disposed off

The appellant borrowed Rs.35,500 from the respondent and his brother, paid Rs.20,000 and executed a promissory note for the balance of Rs.15,500 with 9% interest. On the same day he also executed an agreement to sell three plots of land for the same amount, intending the sale to discharge the note. …

PPK GOPALAN NAMBIARversusPPK BALAKRISHNAN NAMBIAR AND ORS.

1995 INSC 172Appeal(s) allowed

In a partition suit, the defendant (appellant) produced a registered will executed by his mother that left the entire estate to him. The trial court rejected the will, finding suspicious circumstances, while the subordinate judge upheld its validity, relying on the registrar's endorsement as proof …

SHIV DAS AND ORS.versusSMT. DEVKI (DEAD) BY LRS. AND ORS.

1995 INSC 173Disposed off

Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs …

U.P. AVAS EVAM VIKAS PARISHAD LUCKNOW (U.P.)versusSMT. PUSHPA LATA AWASTHI

1995 INSC 161Disposed off

The appellant, U.P. Avas Evam Vikas Parishad, challenged the High Court's order quashing a land acquisition notification issued under the Land Acquisition Act, 1894. The respondent, Smt. Pushpa Lata Awasthi, had purchased the land from the original owner, Chotelal, after the notification was served …

FOOD CORPORATION OF INDIAversusTHANESWAR KALITA AND ORS. ETC.

1995 INSC 162Appeal(s) allowed

The respondents were appointed on an adhoc basis by the Food Corporation of India without following the prescribed rules, and they continued in service for a long period due to the non‑availability of directly recruited candidates. The High Court ordered that the entire adhoc period be treated as …

RA VINDER SINGHversusSTATE OF M.P. AND ORS.

1995 INSC 163Appeal(s) allowed

The appellant, an Assistant Sub‑Inspector of Police, was accused of delays in dispatching communications and of failing to keep a copy of the Superintendent’s leave application on record. After being threatened and warned by the Superintendent, he tendered his resignation on 3 January 1991. He …

NANI GOPAL PAULversusT. PRASAD SINGH AND ORS.

1995 INSC 164Appeal(s) allowed

The case arose from a foreclosure suit where a court‑appointed receiver sold the mortgaged property to the appellant, Nani Gopal Paul, for Rs 60 lakhs, of which only Rs 5 lakhs was deposited. The sale was confirmed by a single High Court judge despite the existence of higher offers and without …

GURDIAL SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 152Dismissed

A notification under Section 4 of the Land Acquisition Act, 1894 was issued to acquire 4.5 acres of land in Punjab. The Collector initially awarded Rs.13,816 per acre as compensation. The Additional District Judge enhanced it to Rs.2,50,000 per acre, but the Punjab and Haryana High Court reduced the …

SH. KISHANDAS KANHAIYALAL GANDHIversusSTATE OF MAHARASTRA AND ANR.

1995 INSC 153Dismissed

Sh. Kishandas Kanahiyalal Gandhi was declared to have a surplus of 45 acres 30 guntas of agricultural land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He argued that the tenant, Om Prakash, had crystallised tenancy rights over 47 acres 17 guntas, thereby removing the …

MAHANT SHREO NATH CHELA BABA PURAN NATHversusSTATE OF HARYANA THROUGH COLLECTOR

1995 INSC 154Dismissed

The appellants' 27 acres of land were acquired under the Land Acquisition Act, 1894 and initially awarded Rs 5 per marla. Subsequent proceedings resulted in the High Court classifying the land into blocks A, B and C, and, relying on the precedent Mange Ram v. State of Haryana, fixing compensation at …

P.V. DEVASSIAversusSTATE OF KERALA AND ORS.

1995 INSC 155Dismissed

The appellant, P.V. Devassia, executed two gift deeds transferring 10 acres and 11 acres of land to his two married sons and sought exemption of those lands from the ceiling area prescribed under the Kerala Land Reforms Act, 1963. The Land Tribunal allowed an exemption of only six acres to each son, …

TEJA SINGH AND ORS. ETC.versusSTATE OF PUNJAB AND ANR.

1995 INSC 156Dismissed

The Improvement Trust of Ludhiana framed a Development‑cum‑Housing scheme which was later modified and sought State sanction under the Punjab Town Improvement Act, 1922. The appellants challenged the scheme on the grounds that the modified scheme required re‑publication, that notices under sections …

THE STATE OF PUNJAB AND ANR. ETC.versusBABU SINGH AND ORS. ETC.

1995 INSC 144Appeal(s) allowed

The State of Punjab appealed against the Punjab & Haryana High Court’s orders granting enhanced solatium, interest and additional amounts under the 1984 amendment to the Land Acquisition Act in a case where the land acquisition notification (1974) and the original compensation awards (1976‑1980) …

THE STATE OF PUNJABversusRAGHBIR SINGH AND ORS.

1995 INSC 145Appeal(s) allowed

The State of Punjab acquired land under the Land Acquisition Act, publishing a notification in February 1981 and the Collector making an award on December 22, 1983. The respondents did not seek a reference under Section 18 of the Act. After a High Court judgment in 1990 enhanced compensation for …

KUMMARI VEERAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

1995 INSC 146Dismissed

The Supreme Court examined an appeal by Kummari Veeraiah and others challenging the compensation awarded for 69 acres and 25 gunthas of land acquired by the State of Andhra Pradesh for house‑sites. The petitioners relied on certified copies of several sale deeds, claiming a market value of Rs.40 per …

STATE OF TAMIL NADUversusTHIRU K.S. MURUGESAN AND ORS.

1995 INSC 147Appeal(s) allowed

The State of Tamil Nadu punished Thiru K.S. Murugesan with stoppage of three increments for misconduct in 1982, a penalty that was reaffirmed after a fresh enquiry in 1984. When his promotion to Deputy Director of Statistics for the 1983‑84 year was considered under Rule 8 of the Tamil Nadu …

STATE OF WEST BENGAL AND ORS.versusANAL KUMAR GHOSH AND ORS.

1995 INSC 148Appeal(s) allowed

The respondents, originally appointed as peons in 1970, opted for Group C status in 1971 after a pay‑scale revision that placed employees drawing above Rs 230 in Group C. When they reached the statutory retirement age of 58, a retirement notice was issued. They challenged the notice, contending that …

STATE OF MAHARASHTRA AND ANR.versusSANT JOGINDER SINGH KISHAN SINGH AND ORS.

1995 INSC 127Appeal(s) allowed

The State of Maharashtra acquired land under the Maharashtra Regional & Town Planning Act, 1966 after the Act was amended to include a three‑year limit for publishing a declaration under s.126(2). The petitioners challenged the acquisition, arguing that the amendment applied only to pending …

ARIES ADVERTISING BUREAUversusC.T. DEVARAJ (DEAD) BY LRS.

1995 INSC 128Dismissed

Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court …

STATE OF PUNJAB AND ANR.versusSH. SATINDER BIR SINGH

1995 INSC 129Appeal(s) allowed

The State of Punjab appealed against Sh. Satinder Bir Singh, who had received compensation for land acquired under the Land Acquisition Act, 1894, but later filed an application for reference to the civil court beyond the prescribed period. The High Court had held that the notice under Section 12(2) …

MURLIDHAR DAYANDEO KESEKARversusVISHWANATH PANDU BARDE AND ANR.

1995 INSC 130Dismissed

The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled …

DIGAMBAR ADHAR PATILversusDEVRAM GIRDHAR PATIL (DIED) AND ANR.

1995 INSC 122Dismissed

The respondents filed an application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking the price for purchasing 8 acres 26 guntas of land held by the appellant as landlord. The Tribunal held that the respondent possessed 54 acres, exceeding the statutory ceiling of 48 …

NEWANNESS @MEWAJANNESSAversusSHAIKH MOHAMMAD @ AND ORS.

1995 INSC 123Appeal(s) allowed

The case involved a partition suit concerning the inheritance of Haji Ishan Ali (HA) who died in 1955, leaving a widow, two daughters, and three sons. The High Court had held that property purchased in the name of HA's son Sabul Hassan (SH) belonged solely to SH, raising the question of whether HA …

STATE OF MAHARASHTRAversusMAHARAU SRAWAN HATKAR

1995 INSC 125Appeal(s) allowed

The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land …

FOOD CORPORATION OF INDIA STAFF UNIONversusFOOD CORPORATION OF INDIA AND ORS.

1995 INSC 117Disposed off

The Food Corporation of India (FCI) had several registered trade unions and needed to select a sole bargaining agent. Both FCI and the unions agreed to use a secret ballot to determine which union(s) represented the majority of workers. The Supreme Court was asked to prescribe a procedure that would …

R.K. SABHARWAL AND ORS.versusTHE STATE OF PUNJAB

1995 INSC 108Disposed off

The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class …

UNION OF INDIA AND ORS.versusB. RAMA MURTHY

1995 INSC 79Appeal(s) allowed

The Government of India issued Office Memorandum No. 18(4)-EV/79 on 25 May 1979, which stipulated that half of the dearness allowance should be treated as pensionable pay, changing the pension calculation from 3/10 to 5/10 of the ten‑month average salary. B. Rama Murthy challenged the memorandum …

ARUNABEN T. BHOJAKversusSECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.

1995 INSC 80Appeal(s) allowed

The Gujarat University advertised a Lecturer (Psychology) post reserved for Scheduled Tribes. Arunaben T. Bhojak, a member of the Bakshi Panch Scheduled Tribe, was initially not selected because she lacked laboratory experience. The selected candidate was appointed, and Bhojak challenged the …

UNION OF INDIAversusSMT. PRATAP KAUR (DEAD) THROUGH LRS. AND ANR. ETC.

1995 INSC 81Appeal(s) allowed

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants …

SURBUDDIN AND ANR.versusSTATE OF KERALA AND ANR.

1995 INSC 72Appeal(s) allowed

The husband and wife’s land was acquired under the Kerala Land Reforms Act. They filed a joint claim statement for compensation, but only the husband received compensation. The wife appealed the decision, arguing that the joint claim also covered her separate holding. The Kerala High Court dismissed …

UNION OF INDIA AND ORS.versusUPENDRA SINGH

1994 INSC 623Appeal(s) allowed

The Union of India filed disciplinary proceedings against IRS officer Upendra Singh alleging that, while handling income‑tax proceedings under sections 133A, 144A and 143(1) of the Income Tax Act, he acted illegally by ignoring incriminating evidence, acquiescing to a reduced disclosure by the …

UNION OF INDIA AND ORSversusG. VASUDEVAN PILLAY AND ORS. ETC. ETC .

1994 INSC 588Disposed off

The case concerned ex‑servicemen who were re‑employed in civil posts of the Government of India and the validity of the Union's decision to deny dearness relief (DR) on their pensions and family pensions, as well as to reduce their pay by an amount equivalent to the enhanced pension of those who …

STATE OF WEST BENGAL ETC. ETC.versusASHUTOSH LAHIRI AND ORS.

1994 INSC 521

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious …

SASWAD MALI SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ANR.

1994 INSC 513Appeal(s) allowed

The Supreme Court examined Notification No. 146/74 issued under the Central Excise Rules, 1944, which provided a rebate on excise duty for sugar produced in excess of the average production of the preceding five years. The dispute centered on whether the percentage rebates in sub‑clauses (a) to (e) …

MUNICIPAL CORPORATION OF DELHIversusDY. COMMISSIONER OF POLICE (LICENCING) AND ANR.

1994 INSC 426Disposed off

The Supreme Court considered an appeal by the Municipal Corporation of Delhi (MCD) against the Dy. Commissioner of Police (Licensing) and others concerning the construction of a cinema building. The issue arose after an amendment to the Delhi Cinematograph Rules, 1981, which replaced the MCD with …

KANTA DEVIversusUNION OF INDIA AND ORS.

1994 INSC 403

The Supreme Court heard two writ petitions on 20 September 1994. In Kanta Devi v. Union of India, a widow of an ex‑serviceman was denied family pension because the Army Instructions No. 51 of 1980 excluded marriages contracted after retirement; the Court held the exclusion to be harsh, heartless and …

MAHARASHTRA STATE FINANCIAL CORPORATIONversusMIS. SUVARNA BOARD MILL AND ANR.

1994 INSC 333

The Maharashtra State Financial Corporation (appellant) granted a bridge loan of Rs. 3 lakh to Mis. Suvarna Board Mills (respondent), which defaulted and accrued arrears of about Rs. 25 lakh. On 7 January 1992 the corporation issued a notice under Section 29 of the State Financial Corporation Act …

STATE OF ORISSA AND ORS.versusSUDHIR KUMAR BISWAL AND ORS.

1994 INSC 321Disposed off

The State of Orissa challenged two provisions of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983. The first was the proviso to Rule 5(1) allowing relaxation of the maximum age limit for certain categories, which the Orissa Administrative Tribunal …

SATISH CHANDRAversusUNION OF INDIA

1994 INSC 295Disposed off

Satish Chandra challenged Sections 4, 5, 16, 21 and 27 of the Companies (Amendment) Act, 1988 on the grounds that Parliament lacked competence to create the Company Law Board (CLB) and that the Act failed to protect minority shareholders. The petition argued that the power under Section 397 of the …

UNION OF INDIA AND ORS.versusM/S. GRAPHIC INDUSTRIES CO. AND ORS.

1994 INSC 292Appeal(s) allowed

Graphic Industries Co. supplied stores worth about Rs. 50 lakh to Eastern Railways, but payment was delayed. The company filed a writ petition under Article 226 of the Constitution seeking a mandamus for payment, relying on correspondence between the Railway Minister and officials. The Calcutta High …

MOHD. NOOR AND ORS. ETC. ETC.versusMOHD. IBRAHIM AND ORS. ETC. ETC.

1994 INSC 268Dismissed

The appellants, co‑sharers in the khatedari rights of an agricultural holding, challenged a sale by a khatedar tenant, claiming a right of pre‑emption under the Rajasthan Pre‑emption Act, 1966. The central issue was whether the transfer of khatedari rights constituted a transfer of ownership within …

URMILLA PANDEY AND ORS .versusKHALIL AHMAD AND ORS.

1994 INSC 200

The widow of Ram Kishore Pandey filed a claim before the Motor Accidents Claims Tribunal for compensation of Rs. 1,17,747.70 after her husband was killed in a car accident. The Tribunal awarded only Rs. 40,600, assuming a life expectancy of 58 years and deducting 33% for a lump‑sum payment, and …

UNION OF INDIA AND ANR.versusSUDHIR KUMAR JAISWAL

1994 INSC 188

The Supreme Court examined whether the Union Public Service Commission's practice of fixing 1 August as the cut‑off date for determining age eligibility in the Civil Services Examination was arbitrary, especially after the introduction of a preliminary exam held before that date. The Court held that …

P. RATHINAM/NABHUSAN PATNAIKversusUNION OF INDIA AND ANR.

1994 INSC 171

The Supreme Court considered two writ petitions challenging the constitutional validity of Section 309 of the Indian Penal Code, which criminalises attempted suicide. The petitioners argued that the provision violated Articles 14 and 21 of the Constitution. After reviewing earlier High Court …

STATE OF U.P.versusU.P. UNIVERSITY COLLEGES PENSIONERS ASSOCIATION

1994 INSC 94Disposed off

The State of Uttar Pradesh issued a Government Order in 1980 offering two pension schemes to teachers of aided degree colleges, one of which provided pension without gratuity for those retiring at 60. Most teachers chose this scheme, but the Association challenged the computation of pension on the …

PRABHUversusSTATE OF RAJASTHAN

1994 INSC 84Dismissed

The appellant, a milk vendor, had a sample of his milk taken by a food inspector on 19 March 1983, which was sent for analysis and reported as adulterated. He was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, sentenced to six months imprisonment and …

TARAPORE AND CO.versusSTATE OF MADHYA PRADESH

1994 INSC 77

Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the …

STATE BANK OF PATIALA AND ANR.versusHARBANS SINGH

1994 INSC 69Dismissed

The landlord obtained a loan from State Bank of Patiala to construct a building which he would lease back to the bank for its commercial use. The loan agreement stipulated a 16% interest rate with quarterly rests, which the landlord contested. The trial court reduced the rate to 15% and eliminated …

STATE OF HARYANA AND ORS.versusMAHABIR PRASAD SHARMA AND ORS.

1994 INSC 52Disposed off

The State of Haryana sought recruitment of 11 Chief Inspectors, with a selection committee appointing 11 and placing four general‑category candidates on a waiting list. The candidates challenged the non‑appointment, and the Punjab & Haryana High Court held that while the waiting list did not create …

NARENDRA KUMAR CHANDLAversusSTATE OF HARYANA AND ORS.

1994 INSC 49

N.K. Chandla, a Sub‑Station Assistant in the Haryana State Electricity Board, lost his right arm due to cancer and could no longer perform technical duties. The Board reassigned him as a Carrier Attendant with a lower pay scale, which he contested. The Supreme Court ordered a medical board to assess …

RAMANKUTTY GUPTANversusAVARA

1994 INSC 42

The appellant, a vendor, sought rescission of a contract of sale under Section 28 of the Specific Relief Act, 1963, alleging the respondent failed to pay the balance consideration within the time fixed by an appellate decree for specific performance. The decree, passed by the appellate court, was …

A.P. STATE ELECTRICITY BOARDversusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1994 INSC 37Dismissed

The Andhra Pradesh State Electricity Board (APSEB) manufactured prestressed cement concrete poles for its own use and argued that the poles were not "goods" under Section 3 of the Central Excise and Salt Act, 1944 because they were not sold and had no market. The Revenue contended that the poles …

BILLA JAGAN MOHAN REDDY AND ANR.versusBILLA SANJEEVA REDDY AND ORS.

1994 INSC 34Appeal(s) allowed

The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their …

STATE BANK OF INDIA AND ORS.versusSAMARENDRA KISHORE ENDOW AND ANR.

1994 INSC 14Appeal(s) allowed

The respondent, a Branch Manager of State Bank of India, claimed reimbursement for moving his household goods after a transfer and was charged with five offences, including false claims and irregular loan disbursement. An enquiry officer found all charges proved on documentary evidence, and the …

GOP AL CHANDRA GHOSHversusSMT. RENU BALA MAJUMDAR AND ANR.

1994 INSC 8

G.C. Ghosh, a tenant, was ordered evicted by the respondents on the ground that he failed to deposit the November 1984 rent by the statutory deadline of 15 December, depositing it instead on 17 December. The lower courts had not found any default on the earlier grounds of bona‑fide requirement or …