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244 judgments · newest first · showing 1–200

GAJANAN JAIKISHAN JOSHIversusPRABHAKAR MOHANLAL KALWAR

1989 INSC 383Appeal(s) allowed

The appellant had paid part consideration for a property and was given possession, but the respondent failed to execute the registered sale deed as agreed. The appellant sued for specific performance, but the plaint omitted an averment that he was ready and willing to perform his part, which is …

ESS DEE CARPET ENTERPRISESversusUNION OF INDIA AND ORS.

1989 INSC 376Dismissed

Ess Dee Carpet Enterprises, a partnership engaged in manufacturing and selling carpets in Rajasthan, challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that carpets were not "textiles" under Schedule I of the Act. The Regional …

P. MAHENDRANversusSTATE OF KARNATAKA

1989 INSC 373Appeal(s) allowed

The Karnataka Public Service Commission advertised for Motor Vehicle Inspectors in 1983, requiring a diploma in Automobile or Mechanical Engineering, and began the selection process in 1984. Due to High Court interim orders, the final select list was only prepared on 2 June 1987 and published on 23 …

FRANCIS JOHNversusDIRECTOR OF EDUCATION AND ORS.

1989 INSC 359Appeal(s) allowed

Francis John, a headmaster of a private school that received government grant-in-aid, was terminated under Rule 74.2 of the Grant‑in‑aid Code after a Dispute Settlement Committee (DSC) recommended dismissal and the Director of Education approved it. John filed a writ petition under Article 226 of …

STATE OF UTTAR PRADESH AND ORS.versusEX. PILOT OFFICER ARUN GOVIL

1989 INSC 356Appeal(s) allowed

The respondent, a former Indian Air Force pilot, was appointed by the State of Uttar Pradesh as Secretary of the Zila Sainik Board on a contractual basis for a fixed term, which was successively extended up to 30 August 1985. His services were terminated on 29 March 1985, and he filed a writ …

SUKHDARSHAN SINGH ETC. ETC.versusSTATE OF RAJASTHAN

1989 INSC 357Dismissed

The appellants challenged the validity of Section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, alleging it violated Article 14 of the Constitution. The High Court had upheld the provision, and the matter reached the Supreme Court. The Court observed that …

MRS. DHANALAKSHMIversusR. PRASANNA KUMAR AND ORS.

1989 INSC 345Appeal(s) allowed

Mrs. Dhanalakshmi filed a criminal complaint before a Metropolitan Magistrate alleging that her husband, R. Pra. Anna Kumar, had committed bigamy and other offences by marrying another woman while divorce proceedings were pending. The High Court, invoking its inherent powers under Section 482 of the …

SYNTHETICS & CHEMICALS LTD. ETC.versusSTATE OF U.P. AND ORS.

1989 INSC 321Case Allowed

The petitioners, industrial users of ethyl alcohol, challenged state statutes imposing a vend fee and other levies on industrial alcohol, arguing that such taxes were beyond the legislative competence of the states. The Court examined the constitutional distribution of powers, focusing on Entries 84 …

INDIA CEMENT LTD.versusSTATE OF TAMIL NADU ETC.

1989 INSC 322Appeal(s) allowed

India Cement Ltd., a cement manufacturer, obtained a mining lease for limestone and kankar under the Mineral Concession Rules, 1960. The lease required payment of royalty fixed by the Mines and Minerals (Regulation & Development) Act, 1957. The Tamil Nadu government, invoking sections 115 and 116 of …

TEK CHANDversusSAT NARAYAN

1989 INSC 277Dismissed

The Supreme Court considered a Special Leave Petition filed by Tek Chand against Sat Narayan under the Haryana Urban (Control of Rent & Eviction) Act, 1973. The issue was whether the exemption provided in Sections 1(3) and 13 of the Act continues for a fixed period of ten years and remains effective …

S.S. RATHOREversusSTATE OF MADHYA PRADESH

1989 INSC 268Appeal(s) allowed

The appellant, a government servant, was dismissed by the Collector on 13 January 1966 and his appeal to the Divisional Commissioner was dismissed on 31 August 1966. He filed a suit on 30 September 1969 seeking a declaration that the dismissal was inoperative, but the trial court and the High Court …

SODAN SINGH ETC. ETC.versusNEW DELHI MUNICIPAL COMMITTEE & ANR. ETC.

1989 INSC 260Disposed off

The petitioners, a group of hawkers, claimed a constitutional right under Article 19(1)(g) to occupy specific spots on Delhi's public pavements for street trading, alleging that the municipal authorities' refusal violated their rights under Articles 19 and 21. The respondents argued that no …

UNION OF INDIA & ORSversusNORTH TELUMER COLLIERY & ORS.

1989 INSC 204Appeal(s) allowed

The Union of India appealed against a Patna High Court order that held interest accruing under the Coal Mines (Nationalisation) Act, 1973 and the Coking Coal Mines (Nationalisation) Act, 1972 was to be paid exclusively to the former mine owners. The owners had filed writ petitions seeking that the …

UNION CARBIDE CORPORATIONversusUNION OF INDIA ETC.

1989 INSC 179Directions issued

The Bhopal gas leak of December 2, 1984 killed about 2,660 people and injured tens of thousands. The Union of India and Union Carbide Corporation appealed against an interim compensation order of Rs.250 crores. The Supreme Court, considering the urgent need for relief, the range of offers …

STATE OF GUJARAT & ANR.versusKAMLABEN JIVABHAI & ORS.

1989 INSC 135Appeal(s) allowed

The respondents claimed a hereditary right to receive Rs.3,500 annually from the State of Gujarat, based on a 1914 agreement that commuted their right to collect forest produce from the Gir Forest. The State argued that the Gujarat Surviving Alienations Abolition Act, 1963 extinguished that right. …

DIBYASINGH MALANAversusSTATE OF ORISSA & ORS.

1989 INSC 133Dismissed

The appellants challenged the declaration of surplus land under the Orissa Land Reforms Act, 1960, arguing that a 1965 partition in their families should prevent their share from being clubbed with their father's land. The High Court dismissed their writ petitions, relying on a Full Bench decision …

GUJARAT ELECTRICITY BOARD & ANR.versusATMARAM SUNGOMAL POSHANI

1989 INSC 119Appeal(s) allowed

The respondent, a Deputy Engineer of Gujarat Electricity Board, was transferred from Surat to Ukai and refused to join, citing his ailing mother. He filed a representation to cancel the transfer, which was rejected, and subsequently remained absent without sanctioned leave. The Board issued warning …

UNION CARBIDE CORPORATIONversusUNION OF INDIA AND OTHERS, ETC.

1989 INSC 60Directions issued

The Supreme Court heard a civil appeal concerning the Bhopal gas leak disaster, where Union Carbide Corporation (UCC) sought to resolve all claims arising from the tragedy. After reviewing extensive evidence, including data from U.S. courts and settlement negotiations, the Court deemed a …

STATE OF UTTAR PRADESH & ORS.versusSURINDER PAL SINGH

1989 INSC 32Appeal(s) allowed

Surinder Pal Singh, a Deputy Superintendent of Police, was accused of misappropriating twenty gold bricks recovered during an investigation and was charged under several IPC sections, the Prevention of Corruption Act and the Treasure‑Trove Act. The investigation was carried out by an Inspector of …

P.L. SHAHversusUNION OF INDIA & ANR.

1989 INSC 19Appeal(s) allowed

P.L. Shah, an Upper Division Clerk, was suspended in July 1975 pending criminal proceedings and was granted a subsistence allowance of 50% of his salary. In May 1982 the allowance was reduced to 25% of his salary. Shah filed a petition before the Central Administrative Tribunal in 1988 seeking …

KIRAN BEDI & ORS.versusCOMMITTEE OF INQUIRY & ANR.

1989 INSC 3Rejected

The Supreme Court examined a petition by Kiran Bedi and Jinder Singh challenging orders of a Committee of Inquiry that compelled them to appear for cross‑examination at the outset of the inquiry and led to complaints against them under Section 178 of the IPC. The Committee had treated them …

KALIYAPPANversusSTATE OF KERALA & ORS.

1988 INSC 332Dismissed

The petitioner, Kaliappan, owned a ten-and-a-half cent plot in Kozhippathi Village, Kerala, which the State sought to acquire for public purpose. A declaration under the Kerala Land Acquisition Act was published on 19 January 1984, and the Land Acquisition (Amendment) Act, 1984 came into force on 24 …

IKRAMUDDIN AHMED BORAHversusSUPERINTENDENT OF POLICE, DARRANG & OTHERS

1988 INSC 304Dismissed

Ikramuddin Ahmed Borah, a Sub‑Inspector of Police in Assam, was appointed by the Principal Police Training College under the Assam Police Manual. He was dismissed by the Superintendent of Police, Darrang, invoking clause (b) of the second proviso to Article 311(2) of the Constitution on the ground …

UNION OF INDIA & ORS.versusSOMASUNDRAM VISWANATH & ORS.

1988 INSC 294Disposed off

Somasundram Viswanath, an officer of the Defence Accounts Service, was not promoted after the Departmental Promotion Committee (DPC) met on 7 August 1986; one member, the Secretary, Ministry of Defence, was absent. He challenged the DPC's recommendation before the Central Administrative Tribunal, …

JAGANNATH RAMCHANDRA NUNEKARversusGENU GOVIND KADAM & OTHERS

1988 INSC 277Case Allowed

Jagannath Ramchandra Nunekar, an elector from Shivaji Nagar, sought to contest a bye‑election in Jaoli and applied for a certified copy of his entry in the Shivaji Nagar electoral roll. He received a copy on 8 January 1986 showing the latest publication date as 31‑Jan‑1984 and filed his nomination …

CALCUTTA PORT SHARMIK UNIONversusCALCUTTA RIVER TRANSPORT ASSOCIATION & ORS.

1988 INSC 275Appeal(s) allowed

The Calcutta Port Sharmik Union, representing about 15,000 bargemen (Dandees and Majhis) at Calcutta Port, claimed that they were "dock workers" under the Dock Workers (Regulation of Employment) Act, 1948 and therefore entitled to the wages and allowances recommended by the Central Wage Board. The …

P. GANESHWAR RAO & ORS.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 261Disposed off

The State of Andhra Pradesh sought to fill 51 Assistant Engineer vacancies that had arisen in 1978‑79 by direct recruitment under the Andhra Pradesh Panchayat Raj Engineering Service (Special) Rules, 1963. An amendment to the Rules on 28 April 1980 changed the recruitment formula to 37½% of …

AJAY CANUversusUNION OF INDIA & ORS.

1988 INSC 247Dismissed

Ajay Canu, a student with a two-wheeler licence, challenged a Hyderabad police notification and Andhra Pradesh Motor Vehicles Rule 498-A that made wearing crash helmets compulsory for motorcycle and scooter riders. He argued that the rule was ultra vires the Motor Vehicles Act because Section 85‑A …

KANPUR SURAKSHA KARAMCHARI UNION (REGD.)versusUNION OF INDIA & ORS.

1988 INSC 242Case Allowed

The petitioners, canteen workers in three defence establishments at Kanpur, retired after 22‑Oct‑1980 and claimed that their service in the canteens prior to that date should count as qualifying service for pension. The Union of India contended that before 22‑Oct‑1980 the canteens were managed by …

Y.K. MEHTA AND ORS.versusUNION OF INDIA & ANR.

1988 INSC 244Case Allowed

Three categories of Doordarshan staff artists (Cameraman Grade‑II, Sound Recordist and Lighting Assistant/Lightman) challenged a government order that gave them lower fee scales than their counterparts in the Film Division of the Ministry of Information and Broadcasting. They argued that they …

SMT. SAVITHRAMMAversusCECIL NARONHA & ANR.

1988 INSC 237Dismissed

The Supreme Court examined affidavits filed in a contempt petition where the complainant alleged non‑compliance with a prior court order. Both the complainant’s affidavit and the accused’s reply affidavit were found to be vague, lacking specific facts, and not verified in accordance with Order XI …

DR. RAMESH CHANDRA SINHAversusSTATE OF BIHAR & ORS.

1988 INSC 238Disposed off

Dr. Ramesh Chandra Sinha, an associate professor of Plastic Surgery, challenged his junior placement to Dr. P.K. Verma in the appointment order of September 29, 1978, claiming seniority based on a longer teaching tenure. The Patna High Court had excluded the period from 2 January 1964 to 28 June …

KIRAN BEDI & ORS.versusCOMMITIEE OF INQUIRY & ANR.

1988 INSC 230Disposed off

A Committee of Inquiry was constituted to investigate incidents involving lawyers and police officers. The Committee directed that the petitioners, Kiran Bedi (DCP) and Jinder Singh (SI), be cross‑examined at the beginning of the inquiry, while three other officers who had received notices under …

ACHYUT SHIVRAM GOKHALEversusREGIONAL TRANSPORT OFFICER & ORS.

1988 INSC 225Disposed off

The Maharashtra government issued a scheme under section 68‑D of the Motor Vehicles Act, 1939 granting the State Road Transport Corporation exclusive rights to operate contract carriage services, excluding all others except seven specified categories. A. S. Gokhale, not belonging to any category, …

G.S. DHARA SINGHversusE.K. THOMAS & ORS.

1988 INSC 210Dismissed

The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits …

AELTEMESH REIN, ADVOCATE, SUPREME COURT OF INDIAversusUNION OF INDIA & ORS.

1988 INSC 203Disposed off

The petitioner, a practising advocate, filed a writ petition alleging that he was handcuffed while being taken to court and that the Union Government had failed to issue guidelines on handcuffing as required by the Prem Kumar Shukla judgment. The petition also sought a mandamus directing the Central …

BIRAD MAL SINGHVIversusANAND PUROHIT

1988 INSC 198Appeal(s) allowed

The Supreme Court examined an election petition challenging the election of B.M. Singhvi from the Jodhpur City Assembly constituency. The petition alleged that three candidates – Umrao Ben, Hukmi Chand and Suraj Prakash Joshi – were improperly rejected, contending that Ben’s nomination should have …

UNION OF INDIA & ORS.versusR. NARASIMHAN

1988 INSC 195Appeal(s) allowed

R. Narasimhan, a Class III railway servant governed by the pension rules, was compulsorily retired in 1982 under para 620 of the Railway Pension Manual, which allows retirement after 30 years of qualifying service. He challenged the order, arguing that the manual provision was void and that only …

GOVERDHAN LAL DHAWANversusSTATE OF BIHAR & OTHERS

1988 INSC 187Dismissed

The North Bihar Regional Transport Authority (RTA) advertised for applications to grant stage‑carriage permits on routes that crossed into South Bihar. The petitioner challenged the authority’s power to issue such inter‑regional permits without a prior agreement with the South Bihar RTA, arguing …

MISS A. SUNDARAMBALversusGOVERNMENT OF GOA, DAMAN AND DIU & ORS.

1988 INSC 188Dismissed

Miss A. Sundarambal, a school teacher, was terminated by the management of a school run by the Society of Franciscan Sisters of Mary. She sought relief under the Industrial Disputes Act, 1947, but the Government of Goa declined to refer her dispute to a Labour Court, holding that she was not a …

SHIV KUMAR SHARMAversusHARYANA STATE ELECTRICITY BOARD, CHANDIGARH & ORS.

1988 INSC 189Appeal(s) allowed

S.K. Sharma was appointed Assistant Engineer‑II on probation on 10 June 1963 and completed the two‑year probation in June 1965. A disciplinary proceeding in 1968 imposed a minor penalty of stoppage of one increment for one year, which had no future effect on his seniority. Although his probation was …

ODYSSEY COMMUNICATIONS PVT. LTD.versusLOKVIDAYAN SANGHATANA & ORS.

1988 INSC 178Appeal(s) allowed

Odyssey Communications, the producer of the TV serial 'Honi-Anhoni', appealed against a Bombay High Court interim injunction that barred telecasting episodes 12 and 13 on the ground that the serial spread superstitious beliefs. The Supreme Court held that the right to exhibit films on Doordarshan …

P.K. SINGH AND OTHERSversusPRESIDING OFFICER & OTHERS

1988 INSC 176Dismissed

Sixteen workmen employed as 'C' Grade Fitters in a Central Government undertaking filed applications under section 33-C(2) of the Industrial Disputes Act, 1947, seeking computation of wages at the rate of 'B' Grade Fitters because they performed the same duties. The Central Government Industrial …

ISHWAR CHAND JAINversusHIGH COURT OF PUNJAB & HARYANA AND ANOTHER

1988 INSC 169Appeal(s) allowed

The appellant, an Additional District and Sessions Judge on a two‑year probation, was dismissed after the High Court, relying on a vigilance inquiry and several complaints—including a Bar Association resolution—concluded his work and conduct were unsatisfactory. The appellant argued that his …

STATE OF MADHYA PRADESH & ORS.versusASHOK DESHMUKH & ANR.

1988 INSC 164Appeal(s) allowed

Ashok Deshmukh, a permanent officer of the Social Welfare Department, was deputed as an officiating Block Development Officer in the Panchayat and Rural Development Department in March 1983. He was repatriated to his parent department in June 1984 by an order of the Secretary, which he challenged …

GURU GOVEKARversusMISS FILOMENA F. LOBO & ORS.

1988 INSC 150Appeal(s) allowed

A car owned by a firm was sent to Guru Govekar's workshop for electrical repairs. While the mechanic Momad Donttach was working on the vehicle, it moved and struck Miss Filomena F. Lobo, causing injuries. Lobo filed a claim under section 111-A of the Motor Vehicles Act, 1939, seeking compensation. …

ALL INDIA REPORTER KARAMCHARI SANGH & ORS.versusALL INDIA REPORTER LIMITED AND ORS.

1988 INSC 125Appeal(s) allowed

All India Reporter Ltd publishes several law reports and argued that these publications are not "newspapers" within the meaning of the Working Journalists and other Newspaper Employees (Conditions of Service) Act, 1955, and therefore its employees were not entitled to the wage benefits ordered by …

C.V. RAMAN, ETC.versusMANAGEMENT OF BANK OF INDIA AND ANOTHER, ETC.

1988 INSC 115

The Supreme Court considered a series of civil appeals arising from dismissals of bank employees who sought relief under various State Shops and Establishments Acts. The banks argued that the Acts did not apply to them because they were "establishments under the Central Government" and thus fell …

B.B. RAJWANSHIversusSTATE OF U.P. & ORS.

1988 INSC 100Appeal(s) allowed

The appellant, a workman dismissed by his employer, obtained a favourable award from the Labour Court. Before publishing the award, the Uttar Pradesh Government exercised its power under sub‑section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 to remit the award for reconsideration, …

R.L. GUPTA & ANR.versusUNION OF INDIA & ORS.

1988 INSC 76Case Allowed

Shri R.L. Gupta, a member of the Delhi Higher Judicial Service, was sent on deputation as Secretary to a Supreme Court‑led Commission of Inquiry in 1985. While on deputation, the Delhi High Court placed seventeen junior officers on probation, effectively superseding Gupta, and later placed Gupta …

BRIJ NANDAN KANSALversusSTATE OF U.P. & ANR.

1988 INSC 62Appeal(s) allowed

The appellant, a civil servant of Uttar Pradesh, was charged with misuse of travel allowance and his case was referred to the U.P. Administrative Tribunal. After an initial report finding several charges proved, the appellant submitted a reply to a show‑cause notice and the Tribunal re‑appraised the …

STATE OF MAHARASHTRAversusM.H. MAZUMDAR

1988 INSC 52Appeal(s) allowed

M.H. Mazumdar retired as a Supply Inspector of the State of Maharashtra and, after retirement, was served with a charge‑sheet alleging misconduct and negligence during his service. An enquiry was held, he was given a chance to defend himself, and the Collector found one charge proved and another …

DHARMA SHAMRAO AGALAWEversusPANDURANG MIRAGU AGALAWE & ORS.

1988 INSC 49Dismissed

The case involved Dharma Agalaw, the sole surviving coparcener of a Hindu joint family, whose brother Miragu had died leaving a widow Champabai. After the Hindu Adoptions and Maintenance Act, 1956 came into force, the widow adopted Pandurang, who then claimed a one‑half share in the joint family …

UPADHYAYA HARGOVIND DEVSHANKERversusDHIRENDRASINH VIRBHADRASINHJI SOLANKI & OTHERS

1988 INSC 46Appeal(s) allowed

The case concerned an election petition filed under the Representation of the People Act, 1951, where a Single Judge of the Gujarat High Court declined to order production of election records. The petitioner appealed the interlocutory order to a Division Bench of the same High Court under clause 15 …

NATIONAL INSURANCE CO. LTD., NEW DELHIversusJUGAL KISHORE & OTHERS

1988 INSC 37Appeal(s) allowed

Jugal Kishore was injured in a collision between his three‑wheeler and a bus owned by Delhi Janata Co‑operative Transport Society and insured by National Insurance Co. The Motor Accident Claims Tribunal awarded Rs 10,000, which the Delhi High Court enhanced to Rs 1,00,000. The insurer appealed, …

KANTA RANI © KANTI DEVI & ANR.versusRAMA RANI

1988 INSC 34Appeal(s) allowed

The plaintiff tenant Kishan Chand claimed a customary right of pre-emption over a portion of a building that had been sold to the respondent. He filed a suit for pre-emption, but died during the proceedings. His legal representatives applied under Order 22 Rule 3 of the CPC to be substituted as …

AMRIT LAL CHUMversusDEVOPRASAD DUTTA ROY AND ANR. ETC.

1988 INSC 18Appeal(s) allowed

The case concerned a company‑allotted flat that a former officer continued to occupy after retirement. The company sought prosecution under Section 630 of the Companies Act, 1956, which penalises officers or employees who wrongfully retain company property. The Supreme Court examined whether the …

ANAND KUMARversusSRI KATTALI BHASKARAN & ORS.

1988 INSC 15Dismissed

Anand Kumar filed Special Leave Petitions challenging the method by which the age of the Chief Justice of the Andhra Pradesh High Court, K. Bhaskaran, was determined. The petitioners sought a writ of mandamus to compel the President of India to decide the matter, arguing that the Council of …

UNION OF INDIAversusALL INDIA SERVICES PENSIONERS ASSOCIATION & ANR.

1988 INSC 13Appeal(s) allowed

The Union of India appealed a Central Administrative Tribunal order that had directed all members of the All India Services, even those who retired before 1 January 1973, to receive gratuity under Government Notification No. 33/12/73‑AIS (ii) dated 24 January 1975. The Supreme Court examined whether …

M.C. MEHTAversusUNION OF INDIA & ORS.

1988 INSC 3Disposed off

The Supreme Court entertained a public interest litigation filed by M.C. Mehta seeking relief from the severe pollution of the River Ganga at Kanpur, where 274.5 million litres of untreated sewage were being discharged daily. The petition raised the question of whether a non‑riparian citizen could …

MINERVA TALKIES, BANGALORE & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.

1988 INSC 1Dismissed

The Supreme Court examined whether Karnataka's Rule 41-A, limiting cinema owners to four daily shows, was within the rule‑making power granted by Section 19 of the Karnataka Cinemas (Regulations) Act, 1964, and whether it violated the right to carry on business under Article 19(1)(g) of the …

BABURAO ALIAS P.B. SAMANTversusUNION OF INDIA AND ORS.

1987 INSC 381Dismissed

The petitioner, an income‑tax assessee, challenged the validity of the 1971 and 1975 Proclamations of Emergency, the House of the People (Extension of Duration) Act, 1976 and the Finance Act, 1976, arguing that the proclamations were ultra vires or had ceased to operate because the parliamentary …

DEWAN JOYNAL ABEDINversusABDUL WAZED ALIAS ABDUL WAZAD MIAH AND TWO OTHERS.

1987 INSC 376Dismissed

In the Assam Legislative Assembly election, Abdul Wazed's nomination was rejected on the ground that he was under 25 years of age and allegedly disqualified under Section 9‑A of the Representation of the People Act, 1951 because he held a lease of ferry tolls under the Northern India Ferries Act, …

DELHI MUNICIPAL KARAMCHARI EKTA UNION (REGD.)versusP.L. SINGH & ORS.

1987 INSC 362Appeal(s) allowed

The Delhi Municipal Corporation employed certain vaccinators/immunisers on a daily‑wage basis for more than eight years while regular employees performing the same duties received higher salaries. The daily‑rated workers sought regularisation and payment at the minimum rate of the regular pay‑scale, …

MOHD. SHAFIQ KHAN & ORS. ETC.,versusCOMPETENT AUTHORITY & ORS. ETC.

1987 INSC 353Dismissed

The petitioners, who held permanent stage‑carriage permits for non‑notified routes, applied to the competent authority under the U.P. Motor Vehicles (Special Provision) Act, 1976 for authorisation certificates to ply on the notified Unnao‑Kanpur and Lucknow‑Barabanki routes. Their applications were …

CHANDRAMA TEWARIversusUNION OF INDIA, THROUGH GENERAL MANAGER, EASTERN RAILWAYS

1987 INSC 339Dismissed

Chandrama Tewari, a fireman in the Northern Railway, was dismissed after a departmental enquiry found him guilty of fraudulently removing coal. He challenged the dismissal, arguing that the enquiry violated natural justice because a document (paper No. 5) mentioned in the charge sheet was not …

BHAGWAN DASS CHOPRAversusUNITED BANK OF INDIA & ORS.

1987 INSC 337Appeal(s) allowed

Bhagwan Dass Chopra, a former clerk of Narang Bank of India Ltd., was terminated in February 1975 and raised an industrial dispute before the Central Government Industrial Tribunal. While the case was pending, Narang Bank merged into United Bank of India (UBI) on 1 August 1976, and UBI was impleaded …

SUDAMA SINGHversusNATH SARAN SINGH & ORS.

1987 INSC 333Appeal(s) allowed

Sudama Singh and Nath Saran Singh were both appointed as Assistant Teachers in 1967 and later promoted on an ad‑hoc basis to Lecturers. The Uttar Pradesh Education Laws Amendment Act, 1977 introduced section 16GG, which regularised such ad‑hoc teachers by deeming them substantively appointed with …

STATE OF GUJARAT AND ORS. ETC.versusPARSHOTTAMDAS RAMDAS PATEL & ORS.

1987 INSC 331Appeal(s) allowed

The Gujarat government issued a notification under the Land Acquisition Act, 1894 to acquire lands for municipal employee housing. After the Urban Land (Ceiling and Regulation) Act, 1976 (ULCRA) came into force, the landowners filed statements under ULCRA claiming the lands were in excess of the …

ELECTION COMMISSION OF INDIAversusSHIVAJI & ORS.

1987 INSC 319Appeal(s) allowed

The Election Commission of India appealed against two interim orders issued by the Bombay High Court that postponed the withdrawal deadline and stayed the poll for a Legislative Council election in Maharashtra. The respondents had filed a writ petition under Article 226 challenging the validity of …

GUJARAT UNIVERSITYversusN.U. RAJGURU AND ORS.

1987 INSC 321Appeal(s) allowed

The Gujarat University held elections for 28 of the 42 seats on its Court while the remaining 14 seats were stayed by the High Court. The teachers who were elected to the 28 seats filed a writ petition under Article 226 seeking to set aside their election and to have fresh elections for all 42 …

STATE OF U.P., ETC.versusRAFIQUDDIN & ORS. ETC.

1987 INSC 313Directions issued

The case concerned the seniority of Munsifs appointed to the Uttar Pradesh Nyayik Seva after competitive examinations held in 1970, 1972 and 1973. The Public Service Commission had fixed minimum marks of 35% in the viva voce test for the 1970 exam; candidates who failed this were placed on a "third …

THE STATE OF ANDHRA PRADESHversusNAY SWADESHI OIL MILLS

1987 INSC 306Appeal(s) allowed

The State of Andhra Pradesh appealed against High Court decisions that set aside sales‑tax assessments made on returns filed after the prescribed filing date. The assessments were passed more than four years but within six years from the end of the assessment year. The Court examined the Andhra …

P.N. KUMAR AND ANOTHERversusMUNICIPAL CORPORATION OF DELHI

1987 INSC 305Disposed off

The petitioners, a company and its secretary, challenged a tax demand order issued by the Deputy Assessor of the Municipal Corporation of Delhi, seeking a writ of certiorari under Article 32 of the Constitution. They asked the Supreme Court to quash the composite tax demand of Rs.14,07,328. The …

B.K. MOHAPATRAversusSTATE OF ORISSA

1987 INSC 298Disposed off

B.K. Mohapatra, an assistant teacher appointed in a 'B' type High School in 1953, challenged a 1964 rationalisation scheme that counted his seniority only from the date the schools were converted into government schools (June 1, 1964) and dealt with the contributory provident fund. The State of …

SPECIAL LAND ACQUISITION OFFICER, BOMBAY AND OTHERSversusGODREJ AND BOYCE

1987 INSC 292Appeal(s) allowed

The State Government notified lands belonging to Godrej & Boyce for acquisition in 1961, declared acquisition in 1965 and issued compensation notices in 1966, but took no further action. The lands were later occupied by slum dwellers, and the respondent repeatedly urged the government to remove the …

SARNAM SINGHversusSMT. PUSHPA DEVI & ORS.

1987 INSC 296Dismissed

In the 1985 Uttar Pradesh Legislative Assembly election for constituency No. 41, Smt. Pushpa Devi was declared elected with 23,006 votes, defeating the runner‑up by a margin of 2,271 votes. A candidate (Respondent No. 8), a college teacher, secured 3,606 votes, exceeding that margin. An elector, …

KAN SINGH, ETC.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND OTHERS, ETC.

1987 INSC 290Appeal(s) allowed

Three private operators whose stage‑carriage permits on an inter‑state route were about to expire applied for renewal under section 58 of the Motor Vehicles Act. Simultaneously the Rajasthan State Road Transport Corporation applied for fresh permits for the same route. Both sets of applications were …

MITHILESH KUMARversusSRI R. VENKATARAMAN & ORS.

1987 INSC 286Dismissed

In the 1987 Presidential election, R. Venkataraman was declared elected. Candidate Mithilesh Kumar filed an election petition under the Presidential and Vice‑Presidential Elections Act, 1952, alleging that a whip issued by the Congress (I) party amounted to undue influence and vitiated the election. …

SARWAN KUMAR ONKAR NATHversusSUBHAS KUMAR AGARWALLA

1987 INSC 275Appeal(s) allowed

The appellant, a firm, leased a room and paid two months' rent in advance with the understanding that the amount could be set off against future rent. When it failed to pay rent for September and October 1972, the landlord sought eviction under section 11(1)(d) of the Bihar Building (Lease, Rent and …

DR. A.K. JAIN & ORS. ETC. ETC.versusUNION OF INDIA & ORS.

1987 INSC 266Disposed off

The petitioners, appointed as ad‑hoc Assistant Medical Officers (AMOs) in the Indian Railways between 1983 and 1986, challenged the Railways' decision to terminate their services and deny regularisation, alleging violation of Articles 14 and 16 of the Constitution. They contended that the 1977 …

M.C. MEHTAversusUNION OF INDIA & OTHERS

1987 INSC 261Directions issued

M.C. Mehta, a social worker, filed a writ petition under Article 32 seeking directions to stop the discharge of untreated tannery effluents into the River Ganga. The Court treated the case as a representative action, issuing notices to industrialists and municipal bodies and hearing evidence that …

V. BALASUBRAMANIAM ETC. ETC.versusTAMIL NADU HOUSING BOARD & ORS. ETC. ETC.

1987 INSC 258Appeal(s) allowed

The Tamil Nadu Housing Board (TNHB) had service regulations requiring Junior Engineers to have five years of service before promotion to Assistant Engineer. A Government order mistakenly listed three years, later corrected by a memorandum dated 26‑Feb‑1971, which the Supreme Court held to be an …

STATE BANK OF INDIA & ANR.versusS.B.I. EMPLOYEES UNION & ANR.

1987 INSC 251Directions issued

The employees of the State Bank of India challenged the management's authority to fix work hours and recess periods in a writ petition before the High Court. A Single Judge of the High Court allowed the petition and, relying on a prior Division Bench order, issued a certificate of fitness under …

M.K. KUNHIMOHAMMEDversusP.A. AHMEDKUITY & ORS.

1987 INSC 233Dismissed

The petitioner, owner of a stage‑carriage bus, claimed that the insurer should indemnify him up to Rs 75,000 under Section 95(2)(b)(ii)(2) of the Motor Vehicles Act, 1939, arguing that the per‑passenger limit in sub‑clause (ii)(4) was inapplicable. The Supreme Court examined the pre‑1982 wording of …

YASHBIR SINGH & ORS., ETC.versusUNION OF INDIA & ORS.

1987 INSC 214Dismissed

The petitioners, railway employees, challenged the Railway Board's circulars of July 2, 1970 and November 28, 1981, alleging they were unconstitutional and that the seniority list prepared in 1968 should be maintained. They claimed the Board had no authority to grant retrospective seniority to …

R.L. MARWAHAversusUNION OF INDIA & ORS.

1987 INSC 207Case Allowed

The petitioner, a former temporary Central Government employee who was later absorbed into the autonomous Indian Council of Agricultural Research (ICAR), retired in 1980 and was denied credit for his earlier government service when computing his pension. The Central Government issued an order on 29 …

U.P. PUBLIC SERVICE COMMISSION AT ALLAHABADversusSURESH CHANDRA TEWARI & ANR.

1987 INSC 201Dismissed

S.C. Tewari, a Section Officer of the Uttar Pradesh Public Service Commission (UPPSC), was suspended, found guilty in a departmental enquiry and dismissed. He appealed to the State Government under Regulation 20 of the UPPSC (Conditions of Service) Regulations, 1937. The State Government set aside …

CEMINDIA CO. LTD.versusBACHUBHAI N. RAVAL

1987 INSC 197Appeal(s) allowed

Cemindia Co. Ltd., an engineering contractor engaged in the building and construction industry, operated a workshop solely for repairing its own equipment. Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and Notification No. GSR 1398, the Regional Provident Fund …

SMT. NANDITA BOSEversusRATANLAL NAHATA

1987 INSC 198Appeal(s) allowed

The appellant, a landlady, sued the respondent tenant for possession of a flat, arrears of rent and mesne profits of Rs.78,000 after the tenancy was terminated. The High Court, relying on the West Bengal Premises Tenancy Act, held that the tenant remained a lawful occupant and that the claim for …

JAGJIT BUS SERVICE (REGD.) AMRITSAR, THROUGH ITS MANAGING PARTNER SHRI JAGJIT SINGH, SON OF SHRI KARTAR SINGH, RESIDENT OF SHARIFPURA, AMRITSAR (PUNJAB)versusSTATE TRANSPORT COMMISSIONER, PUNJAB AND ANR.

1987 INSC 186Appeal(s) allowed

Jagjit Bus Service, a stage carriage operator, applied for renewal of its permit on a Punjab route but was repeatedly granted only temporary permits. The State Transport Commissioner justified this by citing two incomplete schemes under s.68(2) of the Motor Vehicles Act, 1939, and the absence of a …

EVEREST INDUSTRIAL CORPORATION & OTHERSversusGUJARAT STATE FINANCIAL CORPORATION

1987 INSC 180Disposed off

Everest Industrial Corporation borrowed Rs 6 lakhs from Gujarat State Financial Corporation under a hypothecation agreement that stipulated repayment in half‑yearly instalments and interest at 8.5% per annum. After defaulting, the corporation invoked section 31 of the State Financial Corporations …

MAKHAN SINGHversusNARAINPURA CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD. & ANR.

1987 INSC 171Appeal(s) allowed

Makhan Singh, the Secretary of Narainpura Co‑operative Agricultural Service Society Ltd., was absent from work between 11‑May‑1981 and 29‑May‑1981, claiming illness and leave. The Society terminated his employment on 30‑May‑1981 without conducting a domestic enquiry and alleged that he had gone on …

STATE BANK OF INDIA & ORS.versusMOHD. MYNUDDIN

1987 INSC 172Appeal(s) allowed

Mohd. Mynuddin, a Manager (Middle Management Grade Scale II) in State Bank of India, was repeatedly denied promotion to Grade Scale III despite satisfactory confidential reports. He filed a writ petition seeking a direction for promotion with retrospective effect from 1979, arguing eligibility and …

DHARTIPAKAR MADAN LAL AGARWALversusRAJIV GANDHI

1987 INSC 161Dismissed

M.L. Agarwal challenged the 1981 Lok Sabha election of Rajiv Gandhi alleging various corrupt practices. The High Court struck out the petition as vague, frivolous and lacking a cause of action under Order VI Rule 16 and rejected it under Order VII Rule 11. Agarwal appealed, contending that the court …

GANPAT SINGH (DEAD) BY LRS.versusKAILASH SHANKAR & ORS.

1987 INSC 160Disposed off

The decree‑holder, who had purchased a mortgaged property at a court auction, filed an application under Order XXI Rule 95 CPC for delivery of possession more than a year after the sale was confirmed. The judgment‑debtors opposed, arguing that the application was barred by the one‑year limitation in …

UNION OF INDIAversusM.A. CHOWDHARY

1987 INSC 158Dismissed

M.A. Chowdhary, a staff artist of All India Radio, was employed under a contract that allowed termination on six months' notice. A government order later stipulated that staff artists could serve up to the age of 55, and a clause was added to his agreement reflecting this. In October 1970, he …

SMT. SHAKUNTALA S. TIWARIversusHEM CHAND M. SINGHANIA

1987 INSC 155Dismissed

Shakuntala, a monthly tenant of a premises for an ice‑cream business, was alleged by the landlord to have made permanent alterations, caused waste and changed the use of the property, violating sections 12 and 13 of the Bombay Rents, Hotels & Lodging House Rates Control Act, 1947. The landlord gave …

B.S. YADAV & ANR.versusCHIEF MANAGER, CENTRAL BANK OF INDIA & ORS.

1987 INSC 148

The petitioners, officers of the Central Bank of India appointed after the 1969 nationalisation, challenged their forced retirement at age 58 under Rule 3 of the Bank's Rules for Age of Retirement, arguing that having two different retirement ages (60 for pre‑July 19, 1969 officers and 58 for …

LIFE INSURANCE CORPORATION OF INDIA & ANOTHER ETC.versusS.S. SRIVASTAVA & OTHERS

1987 INSC 149Appeal(s) allowed

The case concerned the constitutional validity of Regulation 19(2) of the Life Insurance Corporation of India (Staff) Regulations, 1960, as amended in 1977, which required employees appointed on or after 1 September 1956 and belonging to Class I or II to retire at age 58, with a provision for …

LACHMAN SINGHversusKIRPA SINGH & OTHERS

1987 INSC 107Dismissed

The case concerned the devolution of property of Khem Kaur, a Hindu female who died intestate. Kirpa Singh, her son by her second husband, claimed the entire estate, arguing that as the sole "son" he was entitled to the whole share under section 15(1)(a) of the Hindu Succession Act, 1956. Lachman …

HARI OM GAUTAMversusDISTRICT MAGISTRATE, MATHURA & ANR.

1987 INSC 87Appeal(s) allowed

The District Magistrate of Mathura declared two plots in the Baldev town area as a bus stand/halting place and the Town Area Committee contracted a private firm to collect fees from bus operators. The appellant, a bus operator, challenged the magistrate's order and the fee levy through a writ …

MACKINNON MACKENZIE & CO. LTD.versusAUDREY DCOSTA & ANR.

1987 INSC 81Dismissed

The case concerned a female confidential stenographer, Audrey D’Costa, who claimed that after the Equal Remuneration Act, 1976 came into force she was paid lower wages than male stenographers performing the same or similar work. The employer, Mackinnon Mackenzie & Co., argued that the business was …

SITARAM JIVYABHAI GAVALIversusRAMJIBHAI PETIYABHAI MAHALA & ORS.

1987 INSC 80Appeal(s) allowed

The appellant, a temporary government investigator, resigned by tendering a one‑month notice pay as required by Condition 6 of his appointment and handed over all official records on 24 Nov 1984, two days before filing his nomination for the Lok Sabha election. The respondent challenged his …

BRIJ MOHAN SINGH CHOPRAversusSTATE OF PUNJAB

1987 INSC 75Appeal(s) allowed

The appellant, a senior government officer, was prematurely retired under Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975. He challenged the order, arguing that the State had relied on remote adverse entries in his confidential reports and had ignored his representations …

ISHA STEEL TREATMENT, BOMBAYversusASSOCIATION OF ENGINEERING WORKERS, BOMBAY & ANR.

1987 INSC 62Appeal(s) allowed

Sha Steel Treatment operated two separate metal‑processing units, Unit I (established 1963 with 32 workers) and Unit II (established 1975 with 75 workers, located about 200 m apart). Unit I was closed on 15 Feb 1982 due to alleged indiscipline and low production, and closure compensation was …

PANDIYAN ROADWAYS CORPORATION LTD.versusTHIRU M.A. EGAPPAN

1987 INSC 58Appeal(s) allowed

PANDIYAN ROADWAYS CORPORATION LTD, a State Transport Undertaking, had an approved scheme published under s.68‑D of the Motor Vehicles Act, 1939 for the Madurai‑Kumuli route, excluding all private operators except those listed in Annexure II. M.A. EGAPPAN, not listed, obtained two variations of his …

A. VISWANATHANversusSTATE TRANSPORT APPELLATE TRIBUNAL, PONDICHERRY & ANOTHER

1987 INSC 35Disposed off

The appellant, A. Viswanathan, challenged the State Transport Appellate Tribunal’s order that set aside his temporary stage‑carriage permit on the Pondicherry‑Madras route and granted it to another party. The Court examined whether a Regional Transport Authority could repeatedly issue temporary …

YOGENDER PAL SINGH & OTHERSversusUNION OF INDIA & ORS.

1987 INSC 23Dismissed

The petitioners, sons and wards of Delhi police personnel, applied for constable posts and relied on a 3 October 1981 order of relaxation issued by the Deputy Commissioner of Police. They were denied training because their brothers had already been recruited and because the relaxation had not been …

ABID HUSSAIN AND OTHERS ETC.versusUNION OF INDIA & ORS.

1987 INSC 22Appeal(s) allowed

The petitioners, Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, filed writ petitions under Article 32 alleging they were denied overtime allowance that their counterparts in the Western, Central and Eastern Railways received for extra duty exceeding 96 hours in two weeks. They …

M.P. SINGH, DY. SUPDT. OF POLICE C.B.I. & ORS.versusUNION OF INDIA AND ORS.

1987 INSC 13Case Allowed

The petitioners, 80 directly recruited CBI officers (non‑deputationists), challenged the Central Government's policy of paying lower special pay to them compared to officers on deputation from State police cadres. They argued that the differential rates violated Articles 14 and 16 of the …

BOARD OF TRUSTEES OF THE PORT OF BOMBAYversusJAI HIND OIL MILLS COMPANY AND OTHERS

1987 INSC 4Disposed off

The Board of Trustees of the Port of Bombay (the Port Trust) sought recovery of demurrage charges from Jai Hind Oil Mills Company, which had imported propylene consignments that were detained by Customs pending duty disputes. The Bombay High Court, in writ proceedings where the Port Trust was not a …

AUNDAL AMMALversusSADASIVAN PILLAI

1986 INSC 261Appeal(s) allowed

The landlord filed an eviction suit under the Kerala Buildings (Lease & Rent Control) Act, 1965 claiming bona‑fide personal need. The Rent Control Court dismissed the petition, the Subordinate Judge (appellate authority) confirmed the dismissal, and a revision before the District Judge was also …

BRIJ MOHAN PARIHARversusM.P. STATE ROAD TRANSPORT CORPORATION & ORS.

1986 INSC 251Dismissed

The petitioner, Brij Mohan Parihar, had an agreement with the Madhya Pradesh State Road Transport Corporation (MPSRTC) to operate his bus as a nominee on a specific route for five years ending in 1982, after which he was allowed to ply on a monthly basis under temporary permits. When the route was …

ISHWAR SINGH BAGGA & ORS. ETC.versusSTATE OF RAJASTHAN ETC.

1986 INSC 242Case Allowed

The petitioners, holders of contract carriage permits, challenged a 1975 Rajasthan Government notification that authorised officers of the Rajasthan State Road Transport Corporation (Deputy General Manager (Traffic), Assistant Depot Managers and Traffic Inspectors) to exercise the powers under …

A.R. ANTULAYversusR.S. NAIK & ORS.

1986 INSC 223Dismissed

The petition sought revocation of special leave that had been granted by the Supreme Court in the presence of the respondents' counsel after hearing. The Court examined whether it could set aside its own order of special leave, considering the procedural propriety of the original grant and the …

JAGDISH & ORS.versusNATHI MAL KEJRIWAL & ORS.

1986 INSC 219Dismissed

The petitioners, sons and nephews of vendors who sold joint family land to strangers, claimed a right of pre-emption under the Punjab Pre-emption Act, 1913. The Sub‑Judge initially granted them possession, but the decision was reversed by the High Court after the Supreme Court in Atam Prakash …

BASANT ROADWAYSversusSTATE TRANSPORT APPELLATE TRIBUNAL & ORS.

1986 INSC 206Dismissed

Basant Roadways filed a Special Leave Petition before the Supreme Court challenging an interim order of the Madhya Pradesh High Court. The Supreme Court held that, as the petition was against an interim order, it would not interfere with the High Court's decision and dismissed the petition. While …

RAM SINGH & ORS.versusGRAM PANCHAYAT MEHAL KALAN & ORS.

1986 INSC 197Dismissed

The petitioners, Ram Singh and others, filed a civil suit under Order 1 Rule 8 of the CPC seeking a declaration that they were the owners and possessors of certain land and that the Gram Panchayat had no right over it, alleging that revenue records wrongly showed the land as Panchayat property. The …

STATE OF U.P. ETC.versusSMT. PISTA DEVI & ORS.

1986 INSC 188Appeal(s) allowed

The State of Uttar Pradesh and the Meerut Development Authority sought to acquire about 412 acres of arable land on the outskirts of Meerut for a housing scheme, invoking section 17(1) and (4) of the Land Acquisition Act, 1894 to dispense with the inquiry under section 5‑A. A notification was issued …

C.G. GHANSHAMDAS & ORS.versusCOLLECTOR OF MADRAS

1986 INSC 189Dismissed

The appellants owned property that had been requisitioned by the Government under the Requisitioning and Acquisition of Immovable Property Act, 1952, and a compensation award of Rs.21,000 per month was fixed by an arbitrator, which the appellants contested. They appealed to the Madras High Court …

BAL KISHANversusOM PRAKASH & ANR.

1986 INSC 177Dismissed

The landlord Om Prakash leased a commercial premises to Musadi Lal, who later sub‑let it to Med Ram without the landlord's written consent. The landlord filed an eviction petition under the Haryana Urban (Control of Rent and Eviction) Act, 1973, invoking s.13(2)(ii)(a). After Musadi Lal's death, his …

BHARAT SEVASHRAM SANGH ETC. ETC.versusSTATE OF GUJARAT ETC. ETC.

1986 INSC 174Dismissed

The petitioners challenged the Gujarat Secondary Education Act, 1972 on two grounds: that the President had given only a qualified assent, rendering the Act unenforceable, and that sections 33, 34, 35 and 36 infringed constitutional rights such as the freedom to practice any profession (Art. …

DISTRICT COUNCIL OF THE JOWAIversusDWET SINGH RYMBAI ETC.

1986 INSC 172Dismissed

The District Council of Jowai issued a notification fixing a royalty on timber harvested from private forests within its jurisdiction. Forest contractors challenged the levy, arguing it was a tax that the Council was not empowered to impose under the Constitution’s Sixth Schedule. The Supreme Court …

INDU BHUSAN DE & ORS.versusTHE STATE OF WEST BENGAL

1986 INSC 169Dismissed

Indu Bhusan De and others challenged the Calcutta City Civil Court Act, 1953, which empowered the West Bengal State Government to create a City Civil Court with a pecuniary jurisdiction up to Rs. 1 lakh, arguing that only Parliament could legislate on the jurisdiction of the High Court. The Calcutta …

ANWARversusIST ADDITIONAL DISTRICT JUDGE, BULANDSHAHR & ORS.

1986 INSC 168Dismissed

The petitioner, a stage‑carriage permit holder, objected to a scheme published under section 68‑C of the Motor Vehicles Act, 1939 that would grant the State Transport Undertaking exclusive rights on certain routes. Before the hearing authority under section 68‑D could approve the scheme, he filed a …

TEJ PAL SINGH (DEAD) THROUGH LRS.versusSTATE OF U.P. & ANR.

1986 INSC 156Appeal(s) allowed

The appellant, an Additional District and Sessions Judge, was ordered to retire prematurely by the Governor of Uttar Pradesh based on the opinion of an Administrative Judge, without a prior recommendation from the High Court or its Administrative Committee as required by Article 235 of the …

BRIJ BEHARI SAHAIversusSTATE OF UTTAR PRADESH

1986 INSC 160Dismissed

Brij Behari Sahai, a leaseholder of about 42 acres of agricultural land in Allahabad, had his land temporarily occupied by the State for the Kumbh Mela in 1954. The Land Acquisition Officer awarded compensation under Section 35 of the Land Acquisition Act, 1894, and the High Court enhanced the award …

BACHAN SINGH & ANR. ETC.versusCHHOTU RAM & ORS. ETC

1986 INSC 150Appeal(s) allowed

The Supreme Court heard two civil appeals concerning pre-emption rights under the Punjab Pre-emption Act, 1913. In Appeal No. 639/85, the plaintiffs claimed a right to pre‑empt a sale on the basis of the "thirdly" clause of s.15(1)(a), but the Court, relying on Alam Prakash v. State of Haryana, held …

KIRTI BHUSAN SINGHversusSTATE OF BIHAR & ORS.

1986 INSC 141Appeal(s) allowed

The appellant, a clerk in the Bihar Excise Department, faced disciplinary charges and was found guilty of six out of seventeen. While the disciplinary inquiry was pending, a civil surgeon certified him as an invalid, and the Excise Commissioner retired him on invalid pension under Rule 116 of the …

SHITLA PRASAD SHUKLAversusSTATE OF U.P. & ORS.

1986 INSC 125Dismissed

The appellant, a teacher in an upgraded intermediate college, lacked the prescribed Sanskrit degree required for a lecturer post and applied for exemption under Section 16E of the Uttar Pradesh Intermediate Education Act. The Board granted the exemption only on 23 July 1963, but the appellant …

FAKIRBHAI FULABHAI SOLANKIversusPRESIDING OFFICER & ANR.

1986 INSC 112Appeal(s) allowed

Fakirbhai Fulabhai Solanki, a protected workman, was found guilty of misconduct and suspended without pay pending the employer's application under Section 33(3) of the Industrial Disputes Act, 1947 for permission to dismiss him. No subsistence allowance was paid during the six‑year pendency of the …

SAWAI SINGHversusSTATE OF RAJASTHAN

1986 INSC 105Appeal(s) allowed

Sawai Singh, a Superintendent in the Rajasthan Government, was removed from service after a departmental inquiry found him guilty of favouring a candidate, manipulating a dummy candidate's withdrawal, and forging a nomination paper by erasing the word "panch". The inquiry relied on vague charges and …

AZHAR HUSSAINversusRAJIV GANDHI

1986 INSC 94Dismissed

The respondent was elected to the Lok Sabha from Amethi in the 1984 general election. An elector filed an election petition alleging several corrupt practices, but the petition failed to disclose material facts and particulars required by Section 83 of the Representation of the People Act, 1951. The …

BHAGWATI PRASAD DIXIT 'GHOREWALA'versusRAJEEV GANDHI

1986 INSC 95Dismissed

Bhagwati Prasad Dixit challenged the election of Rajiv Gandhi to the Lok Sabha on three grounds: alleged loss of Indian citizenship due to marriage and property in Italy, holding an office of profit by receiving a parliamentary salary, and the ineligibility of the Chief Election Commissioner. The …

ONKAR SINGH & OTHERSversusREGIONAL TRANSPORT AUTHORITY, AGRA & OTHERS

1986 INSC 89Appeal(s) allowed

The appellants, private stage‑carriage operators, held temporary permits under section 68‑F(1‑C) of the Motor Vehicles Act, 1939 on the Somna‑Naujheel route. A draft scheme published in 1960 under section 68‑C remained unapproved for more than 25 years, preventing the issuance of permanent permits …

HINDUSTAN PAPER CORPORATION LTD.versusGOVERNMENT OF KERALA & OTHERS

1986 INSC 82Appeal(s) allowed

The Kerala Forest Produce (Fixation of Selling Price) Act, 1978 fixed minimum prices for forest produce and prohibited sales below those prices. Section 6 of the Act allowed the State Government, in the public interest, to exempt sales to Central or Kerala Government companies and to co‑operative …

STATE OF WEST BENGAL & ANR.versusSARAL KUMAR SEN GUPTA & ANR.

1986 INSC 77Appeal(s) allowed

The State of West Bengal sought eviction of Saral Kumar Sen Gupta, who had been allotted a government flat under the West Bengal Government Premises (Tenancy Regulation) Act, 1976. Clause (7) of the tenancy agreement required the premises to be used exclusively for the residence of the tenant and …

KARAN SINGH AND ANR,versusSTATE OF M.P & ORS.

1986 INSC 78Dismissed

The Agricultural Produce Market Committee of Bhind, Madhya Pradesh, passed a resolution under section 32(5) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973, to abolish the "Kachhi Adhat System"—a commission‑agent based marketing arrangement. Two petitioners, a commission agent and an …

KONKAN TRADING COMPANYversusSURESH GOVIND KAMAT TARKAR & ORS.

1986 INSC 63Appeal(s) allowed

Konkan Trading Co. filed a suit which was withdrawn by the trial court on the condition that it pay Rs.100 costs and was given liberty to file a fresh suit under Order XXIII Rule 1(3) of the CPC. The fresh suit was filed before the costs were paid; the plaintiff later deposited the costs after …

M. DURAISWAMIversusMURUGAN BUS SERVICE & ORS.

1986 INSC 57Appeal(s) allowed

M. Duraiswamy, holder of an inter‑regional stage‑carriage permit issued by the Periyar Regional Transport Authority (RTA), applied to that RTA for a variation that included converting the service to a mofussil one and extending the route into Salem District, which lay wholly in the jurisdiction of …

CHENCHU RAMI REDDY & ANR.versusGOVERNMENT OF ANDHRA PRADESH & ORS.

1986 INSC 55Appeal(s) allowed

The Government of Andhra Pradesh authorised the sale of lands belonging to Sri Bugga Math, Tirupati to certain respondents by private negotiation at Rs.62,500 per acre under the proviso to clause (c) of s.74(1) of the Andhra Pradesh Charitable & Hindu Religious Endowments Act, 1966. The appellants …

SODHI TRANSPORT CO. & ANR, ETC. ETC.versusSTATE OF U.P, & ANR. ETC, ETC.

1986 INSC 51Disposed off

The petitioners, transporters of goods across Uttar Pradesh, challenged Section 28-B of the Uttar Pradesh Sales Tax Act, 1948 and Rule 87 of the Uttar Pradesh Sales Tax Rules, 1948, arguing that the provisions were beyond the State's legislative competence, infringed Articles 301 and 19(1)(g) of the …

DOBURG LAGER BREWERIES PVT. LTD.versusDHARIWAL BOTTLE TRADING CO. & ANR

1986 INSC 42Appeal(s) allowed

Doburg Lager Breweries Ltd., a private company operating in a backward area of Maharashtra, had borrowed Rs 52.30 lakhs from SICOM and later an additional Rs 15 lakhs from the State Government. Facing winding‑up proceedings, the Maharashtra Government declared the company a "relief undertaking" …

STATE OF MAHARASHTRA & ANR.versusBASANTIBAL MOHANLAL KHETAN & ORS.

1986 INSC 40Appeal(s) allowed

The Supreme Court examined the constitutionality of sub‑sections (3) and (4) of section 44 of the Maharashtra Housing and Development Act, 1976, which prescribe a specific method of calculating compensation for land acquired in municipal areas. The petitioners (the State of Maharashtra and the …

BAKUL CASHEW CO. & ORS.versusSALES TAX OFFICER QUILON & ANR.

1986 INSC 34Dismissed

The appellants, cashew processors in Kerala, claimed that a 12 Oct 1973 government notification granting a retrospective sales‑tax exemption for purchases of imported raw cashew nuts (Sept 1970‑Sept 1973) could not be withdrawn and that the State was estopped from levying tax because ministers had …

MOHD. SALIMUDDINversusMISRI LAL AND ANOTHER

1986 INSC 35Appeal(s) allowed

The tenant advanced Rs 2,000 to the landlord under an agreement that the amount would be adjusted against future rent, to secure a lease. The landlord sued for eviction on the ground of rent arrears. The lower appellate court held the tenant was not in arrears because the loan covered the rent, but …

S. THENAPPA CHETTIAR ETC.versusSTATE OF TAMIL NADU

1986 INSC 25Dismissed

The appellants challenged the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969, which retrospectively brought certain part‑inam villages in the former Pudukkottai territory within the scope of the 1963 Inam Estates Act, thereby nullifying rights accrued under the …

DELHI CLOTH & GENERAL MILLS CO. LTD.versusUNION OF INDIA & ORS.

1986 INSC 26Appeal(s) allowed

Delhi Cloth Mills, a manufacturer of vegetable oil products, sold its "Panghat" and "Roshni" brands at wholesale prices lower than the maximum prices fixed by a government notification under the Essential Commodities Act due to market depression. The company submitted these actual prices to the …

GENERAL MANAGER, SECURITY PAPER MILL, HOSHANGABADversusR.S. SHARMA & ORS.

1986 INSC 16Dismissed

In 1973 a settlement was reached during conciliation between the management of Security Paper Mill and the SPM Employees Union covering incentive benefits for all workmen and non‑operative staff. The Government later reduced the incentive rates, a decision later held illegal, after which the …

STATE BANK OF INDIAversusSAKSARIA SUGAR MILLS LTD. AND ORS.

1986 INSC 17Appeal(s) allowed

The State Bank of India (SBI) extended a cash‑credit facility to Saksaria Sugar Mills Ltd., secured by an equitable mortgage of the mill’s goods and immovable property. When the mill defaulted, SBI sued the mill and its guarantors for Rs 54,89,822.99. During the suit, the Central Government took …

RAM CHAND BHATIAversusHARDYAL

1986 INSC 10Appeal(s) allowed

In the 1982 Himachal Pradesh Assembly election, Ram Chand Bhatia (BJP) was elected over Hardyal (Congress). Hardyal filed an election petition alleging that a poster (Annexure PA) printed by Janata Party candidate Kanshi Ram contained false statements about his personal character and was distributed …

BHAVARLAL LABHCHAND SHAHversusKANAIYALAL NATHALAL INTAWALA

1986 INSC 1Dismissed

The landlord (respondent) leased a shop in Baroda to Bai Maniben Dhirajlal Shah for a monthly rent of Rs. 22. After her death, Maniben bequeathed her tenancy right under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 to Bhavarlal Labhchand Shah (petitioner) by a will, which was …

GANPAT GIRLversusIIND ADDITLONAL DISTRICT JUDGE, BALIA & ORS.

1986 INSC 2Appeal(s) allowed

Ganpat Giri appealed against a decree-holder who, after a court‑ordered sale of Giri's property, purchased the property without the express permission of the executing court required under Order 21 Rule 72 of the Code of Civil Procedure. The executing court set aside the sale under Rule 72(3) and …

S. GUIN & OTHERSversusGRINDLAYS BANK LTD.

1985 INSC 249Appeal(s) allowed

The appellants were charged under IPC s.341 (wrongful restraint) and Banking Regulation Act s.36AD for allegedly obstructing bank officers at a Grindlays Bank branch. The Metropolitan Magistrate acquitted them in 1978. Grindlays Bank appealed; after a six‑year delay, the Calcutta High Court set …

SOMAIYA ORGANICS (INDIA) LTD., ETC.versusBOARD OF REVENUE, U.P., ETC.

1985 INSC 244Dismissed

Godavari Sugar Mills sold land and buildings to Somaiya Organics for Rs.7,76,000, but the sale was subject to an equitable mortgage created in favour of Punjab National Bank for a contingent liability of Rs.65,00,000. The Sub‑Registrar and Collector treated the total consideration as Rs.1,92,76,000, …

VORA RAHIMBHAI HAJI HASANBHAI POPATversusVORA SUNDERLAL MANILAL & ANR.

1985 INSC 236Appeal(s) allowed

The plaintiff, having purchased a plot of land, leased it to the defendant for Rs.1325 per annum under a registered rent note that required payment of rent even if the premises were not used. The lease stipulated that the tenant would not sub‑let and would remove any constructions on expiry. The …

S.C. JAINversusSTATE OF HARYANA AND ANR.

1985 INSC 237Appeal(s) allowed

The appellant, a Superintending Engineer in the Haryana P.W.D., was retired prematurely at age 50 under the Governor’s order invoking rule 3.26(d) of the Punjab Civil Service Rules. He challenged the order, arguing that the special provision in rule 3.26(c) shields Superintending Engineers from such …

SAVITRI W/O SHRI GOVIND SINGH RAWATversusSHRI GOVIND SINGH RAWAT

1985 INSC 227Disposed off

The petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from her husband, and subsequently applied for an interim maintenance order pending the final disposal of the main application. The Metropolitan Magistrate refused the interim order, …

KANHIYALAL OMARversusR.K. TRIVEDI & ORS.

1985 INSC 204Dismissed

The petitioner filed a writ petition under Article 32 challenging the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968, arguing that the Order was legislative in nature and could not be issued by the Election Commission because it lacked statutory authority. …

PARTAP SINGHversusUNION OF INDIA & ORS

1985 INSC 193

Amar Singh died leaving two widows, each allotted one‑third of his agricultural land as maintenance. The petitioner, Amar Singh's adopted son, obtained one‑third from Har Kaur and sued Jagir Kaur, the other widow, for a declaration that she had no interest in the land. A 1945 compromise decree …

MALKHAN SINGHversusSOHAN SINGH & ORS.

1985 INSC 191Appeal(s) allowed

Kishan Singh's agricultural land was allotted under the Uttar Pradesh Consolidation of Holdings Act and the allotment became final under section 23. After Kishan's death, Malkhan Singh claimed to be his adopted son to inherit the land, while other claimants denied the adoption. The consolidation …

STATE OF PUNJAB & ORS.versusS. DHARAM SINGH (DEAD) BY SUCCESSOR DESA SINGH.& ANR.

1985 INSC 189Dismissed

The Punjab Government advanced a loan to a cooperative house‑building society for low‑income housing, securing repayment by mortgaging the sites and houses. The society defaulted on repayments and the government issued a notice invoking clause (b) of section 67 of the Punjab Land Revenue Act to …

PRAKASH CHANDRA AGARWALversusSTATE OF BIHAR AND ORS.

1985 INSC 186Appeal(s) allowed

The appellant, P.C. Agarwal, appeared for the 19th Competitive Judicial Service Examination and secured 38.8% in the written paper and 416 marks overall, but was omitted from the list of successful candidates prepared under Rule 19 of the Bihar Civil Service (Judicial Branch) Recruitment Rules, …

PHOOL CHAND GUPTAversusREGIONAL TRANSPORT ADTHORITY, UJJAIN & ORS.

1985 INSC 184Case Allowed

P.C. Gupta applied in 1968 for a stage‑carriage permit on a route covered by Draft Scheme No. 72 of 1965, which had been published under section 68‑C of the Motor Vehicles Act, 1939 but not yet approved or published as an approved scheme under section 68‑D. The Regional Transport Authority kept his …

SHRI CHAND ETC.versusGOVERNMENT OF U.P. LUCKNOW & ORS.

1985 INSC 185Case Allowed

The Uttar Pradesh Government approved a draft scheme under the Motor Vehicles Act, 1939 to allow its State Transport Undertaking to operate stage carriages on the Saharanpur‑Delhi inter‑state route, excluding all other operators. The scheme, published in 1959, was challenged by 50 operators; the …

M/S. HINDUSTAN GUM & CHEMICALS LTD.versusSTATE OF HARYANA & ORS.

1985 INSC 180Dismissed

Hindustan Gum & Chemicals Ltd. challenged the levy of octroi by the Bhiwani Municipal Committee after its factory was brought within municipal limits by a 1965 notification under the Punjab Municipal Act, 1911. The High Court dismissed the writ petition, relying on Section 5(4) of the Act, but the …

RATTAN LAL & ORS. ETC.ETC.versusSTATE OF HARYANA & ORS.

1985 INSC 177Dismissed

The petitioners challenged the Haryana State Government’s practice of repeatedly appointing teachers on an ad‑hoc basis at the start of each academic year and terminating them before the next summer vacation, thereby denying them regular service benefits. The Supreme Court examined whether such a …

SAROJ KUMAR BOSEversusKANAILAL MONDAL & ORS.

1985 INSC 168Dismissed

The respondents' predecessor obtained a permanent lease of a tank fishery without sub‑soil in 1914 and later, in 1952, granted an 11‑year lease of the same fishery to the appellant. Under the West Bengal Estates Acquisition Act, 1953, the interest of intermediaries was to vest in the State from 15 …

STATE OF PUNJABversusLABH SINGH AND ANR.

1985 INSC 166Appeal(s) allowed

Labh Singh owned 32‑8 standard acres of agricultural land, of which 7‑4 acres were mortgaged with possession before the Pepsu Tenancy and Agricultural Lands Act, 1955 came into force. The mortgagee was deemed the landowner, so Singh’s holding was treated as less than the permissible limit of 30 …

UMESH CHANDRA SHUKLA ETC. ETC.versusUNION OF INDIA & ORS.

1985 INSC 167Case Allowed

The case concerned recruitment to the Delhi Judicial Service under the Delhi Judicial Service Rules, 1970. The High Court, after the written examination, added two marks to each candidate’s paper as a "moderation" and prepared a second list of candidates who then qualified for the viva‑voce, despite …

M/S. KRISHNA BUS SERVICE PVT. LTD. ETC. ETC.versusSTATE OF HARYANA & ORS.

1985 INSC 161Appeal(s) allowed

The Supreme Court examined whether a 1973 notification that conferred the powers of a Deputy Superintendent of Police under the Motor Vehicles Act, 1939 on the General Manager of Haryana Roadways was valid. The petitioners, private motor transport operators, argued that the appointment violated …

JAYASINGH DNYANU MHOPREKAR & ANR.versusKRISHNA BABAJI PATIL & ANR.

1985 INSC 158Dismissed

The plaintiffs, permanent Mirasi tenants, mortgaged their half‑share of Paragana Watan lands to the defendants in 1947. After the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 abolished the watans, the defendants (or their heirs) paid the occupancy price and obtained a grant of the …

A. SREENIVASA PAI AND ANR.versusSARASWATHI AMMAL ALIAS G. KAMALA BAI

1985 INSC 156Dismissed

A. Sreenivasa Pai executed a settlement deed in 1932 transferring two plots in Quilon to his mother‑in‑law Padmavathi Ammal. The deed stipulated that Padmavathi could enjoy the properties during her lifetime and thereafter V. Sreenivasa Pai and his descendants could hold them. After Padmavathi's …

DR. (MRS.) SUSHMA SHARMA ETC. ETCversusSTATE OF RAJASTHAN & ORS.

1985 INSC 54Dismissed

The Supreme Court considered appeals by temporary lecturers who challenged the Rajasthan Universities Teachers (Absorption of Temporary Lecturers) Act, 1979. The Act allowed absorption of temporary lecturers appointed on or before 25 June 1975, provided they were still in service on 12 June 1978. …

BALKRISHAN GUPTA AND ORS.versusSWADESHI POLYTEX LTD. AND ANR

1985 INSC 24Dismissed

The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under …

YOGESHWAR JAISWAL, ETC, ETC.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

1985 INSC 16Appeal(s) allowed

The appellants were granted temporary stage‑carriage permits on 10 January 1980 under section 68F(1C) of the Motor Vehicles Act, 1939, nine years after a scheme had been published under section 68C. The State Transport Appellate Tribunal and the Allahabad High Court set aside those permits, holding …