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713 judgments · newest first · showing 201–400

RAJENDRA KUMAR SITARAM PANDE ETC.versusUTTAM AND ANOTHER

1999 INSC 58Appeal(s) allowed

The complainant alleged that the accused had made a false complaint to a Treasury Officer, accusing him of being drunk and abusive, thereby invoking criminal defamation provisions. The magistrate, after directing an inquiry under Section 202 of the CrPC, issued summons against the accused. The …

PREM DASSversusINCOME TAX OFFICER

1999 INSC 51Appeal(s) allowed

Prem Dass was convicted under Sections 276C and 277 of the Income Tax Act for filing an incorrect return and allegedly withholding books of account. The Sessions Judge acquitted him, finding the prosecution evidence insufficient to prove the requisite mens rea and noting that the penalty imposed …

KAMMARI BRAHMIAH AND ORS.versusPUBLIC PROSECUTOR, HIGH COURT OF AP .

1999 INSC 37Dismissed

Six accused were tried for murder (IPC s.302). The Sessions Court acquitted them, but the High Court on appeal convicted one under s.304(II), another under s.325 and the remaining four under s.325 read with s.149, even though the trial court had not framed a charge under s.149. The appellants …

M/S. MARSHALL SONS AND CO. (I) LTD.versusM/S SAHI ORETANS (P) LTD. AND ANR.

1999 INSC 29Disposed off

Marshall Sons & Co. (I) Ltd., the landlord, obtained a decree for eviction against four defendants for non‑payment of rent and unlawful sub‑letting. The decree was not executed, and the respondents continued to occupy the premises. The respondents later filed a declaratory suit claiming tenancy …

MOHAN SINGH AND ANR.versusSTATE OF M.P.

1999 INSC 27Case Partly allowed

Mohan Singh and Kailash Singh were convicted of murder under Section 302 read with Section 34 of the IPC, with Mohan Singh also convicted under the Arms Act. They appealed, challenging the post‑mortem finding of blackening under the wound, the reliability of eyewitness identification in low light, …

SANJEEV KUMARversusSTATE OF HIMACHAL PRADESH

1999 INSC 21Disposed off

The Supreme Court examined a murder case where Sanjiv Kumar was seen entering and exiting the victim's house with a knife, was found with blood‑stained clothes, and a knife bearing human blood was recovered from his residence. The prosecution relied on circumstantial evidence, including the recovery …

PARAS YADAV AND ORS.versusSTATE OF BIHAR

1999 INSC 6Case Partly allowed

The deceased Sambhu Yadav was attacked by three accused and, while gravely injured but conscious, gave a statement to witnesses and a police Sub‑Inspector that identified Paras Yadav as the one who stabbed him. The Sub‑Inspector recorded this statement as a routine FIR, not expressly as a dying …

UNION OF INDIA AND ORS.versusKISHORILAL BABLANI

1998 INSC 459Dismissed

Kishorilal Bablani qualified for the IAS in 1974 and was placed in Class II service because the number of Class I vacancies was allegedly miscomputed. He claimed that 97 Class I posts should have been notified, not 40, and sought appointment under the 50% direct‑recruit/50% promotee quota. The …

M.P. SHIKSHAK CONGRESS AND ORS.versusR.P.F. COMMISSIONER, JABALPUR AND ORS.

1998 INSC 449Dismissed

The appellants, representing teachers and staff of aided non‑government schools in Madhya Pradesh, challenged orders of the Regional Provident Fund Commissioner directing contributions to the Employees' Provident Fund (EPF) for the period 1 August 1982 to 1 December 1988, alleging that the Madhya …

DIRECTOR GENERAL, ESI CORPORATION NEW DELHI AND ANR.versusSHRI M.P. JOHN AND ORS.

1998 INSC 453Appeal(s) allowed

An ex‑serviceman (respondent No. 1) was re‑employed by the ESI Corporation as a Lower Division Clerk. His salary was fixed at the minimum of the prescribed pay scale under Government Order (G.O.) dated 8 February 1983, and he was also entitled to his full military pension. He contended that, for the …

V.S. CHARATIversusHUSSEIN NHANU JAMADAR (DEAD) BY L.RS.

1998 INSC 435Appeal(s) allowed

The appellant, a landlord who was a minor when he applied under Section 31(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 for possession of land for personal cultivation, had his application dismissed, making the tenant a deemed purchaser. Subsequent proceedings under Section 32‑G to …

MAROTI AND ORS.versusDEVRAO AND ORS.

1998 INSC 430Dismissed

The dispute concerned the right of a respondent (Dadarao) to retain his status as a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, after the 1955 amendment introduced Section 37A. The appellant (Nivrutti) claimed that the amendment extinguished the respondent's rights …

VAIJANATH AND ORS.versusGURAMMA AND ANR.

1998 INSC 415Dismissed

The Supreme Court considered an appeal by the heirs of Veerappa challenging a partition order that gave the widow of Ramshetti a share in the joint family agricultural land. The issue was whether the Hindu Women's Right to Property Act, 1937, as applied in the erstwhile State of Hyderabad, covered …

DURGA OIL COMPANYversusSTATE OF U.P. AND ORS.

1998 INSC 275Dismissed

Durga Oil Co., a dealer licensed under Form XI of the Petroleum Rules, stored high‑speed diesel (Petroleum Class B) in an underground tank exceeding 1,000 litres and dispensed it through a pump. The District Supply Officer ordered the company to cease using the tank, and the Allahabad High Court …

MOHAN AND OTHERSversusSTATE OF TAMIL NADU

1998 INSC 228Case Partly allowed

The appellants conspired to kidnap a ten‑year‑old boy and demand a ransom of Rs 5 lakhs. After abducting the child, Mohan and Gopi administered poison, tied the boy’s limbs and neck, and strangled him, later disposing of the body in a TV box placed in a well. All four accused – Mohan, Gopi, Muthu …

DAVLNDER BHATIA AND ORS. ETC.versusUNION OF INDIA AND ORS.

1998 INSC 231Dismissed

The appellants, who had been working as Junior Commercial Clerks, were appointed on an ad‑hoc basis as Enquiry‑cum‑Reservation Clerks between 1978 and 1982 after the Railway Board changed its policy to fill the post by selection, favouring women candidates. When the railway later regularised the …

GURMESH PRAKASH BISHNOIversusSTATE OF HARYANA AND ORS.

1998 INSC 218Case Allowed

Gurmush Prakash Bishnoj was appointed a member of the Haryana Public Service Commission (HPSC) on 4 March 1980 and served until 28 August 1984, after which he became Chairman of the HPSC until 27 August 1990. He received a pension of Rs.1,800 per month for his service as Chairman and claimed an …

JAGDISH CH. PATNAIK AND ORS.versusSTATE OF ORISSA AND ORS.

1998 INSC 174Dismissed

The appellants, directly recruited Assistant Engineers appointed in 1980 against vacancies of 1978, claimed seniority over promotee Assistant Engineers appointed in 1979‑80, invoking Rule 26 of the Orissa Service of Engineers Rules, 1941. The respondents filed a review and a separate original …

GURDIAL KAUR AND ORS.versusKARTAR KAUR AND ORS.

1998 INSC 158Dismissed

The case concerned a registered will allegedly executed by Hamam Singh in favour of the appellants, Gurial Kaur and others. Although the will bore the Sub‑Registrar’s endorsement and the executant was said to have been identified by a village Lambardar, the trial court set aside the will on grounds …

TASADDUG HUSSAIN KHANversusSHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANR.

1998 INSC 159Dismissed

The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money …

K.M.S. UBAIDA AND ANR.versusSTATE OF KERALA AND ANR.

1998 INSC 155Dismissed

The appellants challenged a decision that land under systematic teak plantation was classified as private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. They argued that clause (c) of Section 2(2)(1)(c) exempts lands principally cultivated with any agricultural crop, and …

K. ANJAIAH ETC.versusK. CHANDRAIAH AND ORS. ETC.

1998 INSC 122Appeal(s) allowed

The Andhra Pradesh College Service Commission (APCSC) was constituted under the Andhra Pradesh College Service Commission Act, 1985 and staffed by employees on deputation from the State Government. Regulation 9(2) of the 1986 Regulations provided that seniority of deputationists, once absorbed, …

UNION OF INDIA AND ANR.versusRAVI SHANKAR AND ANR.

1998 INSC 113Appeal(s) allowed

The Union of India appealed against a decision of the Central Administrative Tribunal that had directed consideration of two respondents for future vacancies as Pharmacists under the Central Government Health Scheme Delhi (Group C) Ayurvedic Recruitment Rules, 1978, by relaxing the qualification …

STATE OF M.P.versusJ.S. BANSAL AND ANR.

1998 INSC 75Appeal(s) allowed

J.S. Bansal, a Superintending Engineer, challenged a charge‑sheet issued by the Madhya Pradesh Government, alleging it was stale and issued to block his promotion. The Madhya Pradesh Administrative Tribunal (MPAT) allowed his challenge, ordered a Departmental Promotion Committee (DPC) meeting and …

THE KERALA AGRICULTURAL UNIVERSITYversusK.R. ANIL AND ORS.

1997 INSC 787Disposed off

The Kerala Agricultural University advertised a Junior Assistant Professor post with a reservation for the Ezhava community. Respondent No.1, an Ezhava and academically qualified, was not selected for the reserved vacancy and alleged malafide treatment, filing a writ petition. The Kerala High Court …

STATE OF GOA AND ANR.versusHIRABHAI SOMABHAI TANDEL, NANI, DAMAN

1997 INSC 718Appeal(s) allowed

The State of Goa detained the step‑father of the respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and later, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), ordered forfeiture of …

MOHD. YUNUSversusSTATE OF GUJARAT

1997 INSC 694Disposed off

Mohd Yunus was charged under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. Section 20A(1) of the Act requires prior written approval of the District Superintendent of Police before recording any information about an offence. The prosecution claimed an oral …

SUKHBIR SINGH AND ORS.versusSTATE OF HARYANA

1997 INSC 683Disposed off

The appellants Sukhbir Singh and others were initially charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and tried by a designated TADA court. The designated judge held that no offence under TADA was made out and, relying on a Punjab and Haryana High Court decision, …

SMT. SHANTI RANI DAS DEWANJEEversusDINESH CHANDRA DAY (DEAD) BY LRS.

1997 INSC 662Dismissed

The appellant challenged a lower court order that rejected her claim that filing a counter‑claim under Order VIII Rule 6A of the Code of Civil Procedure after the written statement was barred. The suit (Civil Case No. 248/82) was instituted on 15‑July‑1982 and the application for a counter‑claim was …

PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC

1997 INSC 489Case Partly allowed

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered …

PANJKAJESHversusTULSI GRAMIN BANK AND ANR.

1997 INSC 491Dismissed

The petitioner, a bank official of Tulsi Gramin Bank, was charged under Section 3 of the Regional Rural Banks Act, 1976 for dereliction of duty and, after a disciplinary inquiry, three salary increments were withheld cumulatively. On appeal, the appellate authority ordered that "one increment is …

UITAM NAMDEO MAHALEversusVITHAL DEO AND ORS.

1997 INSC 493Dismissed

The respondent, who owned a parcel of land, served a notice to the appellant to vacate and obtained a final order of eviction, which was confirmed by the Supreme Court. Execution proceedings were later initiated, but the appellant objected, arguing that more than twelve years had elapsed and the …

ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.

1997 INSC 494Dismissed

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference …

Y.R VEERANNAversusSTATE OF KARNATAKA AND ORS.

1997 INSC 495Dismissed

The petitioner, Y.R. Veeranna, claimed occupancy‑tenant rights over 13 acres 24 gunthas in K.R. Nagar Taluk under Sections 44 and 48‑A of the Karnataka Land Reforms Act, filing a Form‑7 application. The Tribunal and the Karnataka High Court rejected his claim because he was not personally …

MRS. MANJU BHATIA AND ANRversusNEW DELHI MUNICIPAL COUNCIL AND ANR.

1997 INSC 483Disposed off

The builder constructed an eight‑storey building called "White House" in Delhi, delivering flats to purchasers including the appellants. It was later discovered that the top four floors were built in violation of municipal regulations, leading the New Delhi Municipal Council to demolish those …

AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.

1997 INSC 459Leave Granted & Disposed off

The appellant, Agauta Sugar and Chemicals, had failed to pay approximately Rs 29 crore owed to cane growers and societies for sugarcane supplied, leading the District Collector to attach the factory’s sugar stock‑in‑hand. The factory filed a writ petition challenging the attachment, and the High …

M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.

1997 INSC 460Disposed off

The Supreme Court approved a rehabilitation scheme for Ashok Paper Mills, Darbhanga, and ordered its implementation after the IDBI reneged on loan commitments. The petitioners, representing the mill workers, sought the Court's intervention to compel the Finance Ministry and IDBI to honour the scheme …

MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.

1997 INSC 456Appeal(s) allowed

The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to …

STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.

1997 INSC 447Leave Granted & Allowed

The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for …

UNION OF INDIA AND ANR.versusSHRI RISAL SINGH

1997 INSC 448Leave Granted & Dismissed

The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land …

SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.

1997 INSC 449Leave Granted & Allowed

The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by …

UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6

1997 INSC 450Leave Granted & Allowed

The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced …

UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.

1997 INSC 451

The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the …

D. STEPHEN JOSEPHversusUNION OF INDIA AND ORS.

1997 INSC 437Leave Granted & Dismissed

The case concerned the interpretation of a promotion rule reserving 50% of Assistant Engineer posts for candidates holding a degree in Electrical Engineering and three years of regular service as Junior Engineers. The dispute was whether the three‑year service requirement should be counted from the …

SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 425Leave Granted & Dismissed

The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ …

THE LAND ACQUISITION OFFICERversusSHIVABAI AND ORS.

1997 INSC 371Leave Granted & Allowed

The case concerned land acquired under the Land Acquisition Act, 1894 for the Sriram Sagar Project. After the award of compensation was made on 22 November 1965, the claimants received the payment without protest. They later filed a writ petition alleging that a reference under Section 18 of the Act …

DHANNA SINGH AND ORS.versusBALJINDER KAUR AND ORS.

1997 INSC 372Leave Granted & Dismissed

The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser …

THE STATE OF WEST BENGAL AND ANR.versusARUN KUMAR BASU AND ANR.

1997 INSC 373Leave Granted & Allowed

The respondents, liquidators of the former West Bengal Provincial Company Ltd., challenged the State's acquisition of about 30 miles of land for a railway line, arguing that the vesting under the West Bengal Estates Acquisition Act, 1953 did not apply to non‑agricultural land and that the …

THE STATE OF BIHAR AND ORS.versusSYED ASAD RAZA AND ORS.

1997 INSC 374Leave Granted & Dismissed

Maulana Azad College, Ranchi, a minority institution, had entered into a 1972 agreement that no new posts could be created without the Vice‑Chancellor’s prior permission. After the Bihar State Universities Act, 1976 came into force, the college created a post and appointed Syed Asad Raza in 1979. …

L.N. VENKATESANversusTHE STATE OF TAMIL NADU AND ORS.

1997 INSC 375Dismissed

The petitioner, L.N. Venkatesan, challenged land acquisition proceedings that began with a notification under Section 4(1) of the Land Acquisition Act, 1894 (published 11‑June‑1975) and a declaration under Section 6 (published 3‑March‑1978). He obtained interim court orders in 1982 and 1986 that …

SHRI SURESH CHANDRAversusSHRI J.B. AGARWAL AND ORS.

1997 INSC 376Leave Granted & Allowed

The appellant, Suresh Chandra, an Assistant Manager (Electrical), sought promotion to the solitary Senior Manager (Electrical) post using the rule of roster (reservation) for Scheduled Castes and Scheduled Tribes. The respondents filed a writ petition contending that reservation could not be applied …

UNION OF INDIA AND ORS. ETC.versusK.G. KULKARNI ETC.

1997 INSC 326Leave Granted & Allowed

K.G. Kulkarni, a former sorter in the Railway Mail Service who was working as a clerk in the Speed Post Section, was denied an opportunity to appear for the departmental examination for promotion to Postal Superintendent/Postmaster Group B. He challenged the decision before the Central …

U.P. STATE ROAD TRANSPORT CORPORATION, ALIGARHversusSTATE OF U.P. AND ORS.

1997 INSC 327Appeal(s) allowed

The Uttar Pradesh State Road Transport Corporation sought higher compensation for 24.9 acres of land acquired for a road transport depot. The Collector initially awarded Rs. 11.25 per square yard, which was enhanced to Rs. 25 per square yard by the Additional District Judge under Section 18 of the …

GANPATBHAI M. SOLANKIversusDISTRICT COLLECTOR, VADODARA AND ANR.

1997 INSC 328Dismissed

The case concerned the Baroda District Cooperative Milk Producers' Union Ltd., where the Committee was elected for a three‑year term, but the Collector convened a meeting to elect a President and Vice‑President for a one‑year term. The petitioners argued that, under Sections 74‑C and 145(2) of the …

STATE OF U.P. AND ANR.versusBRIJ NATH MISRA

1997 INSC 329Leave Granted & Allowed

B.N. Misra was appointed on an ad‑hoc basis as an Ayurvedic Medical Officer in October 1983. After an unauthorised five‑year absence, a government order dated 8 September 1989 allowed him to resume duty upon production of a fitness certificate, treating the absence as a break in service. A selection …

DR. S.C.V. REDDY, AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 330Leave Granted & Allowed

The Supreme Court examined the applicability of the Mysore Agricultural Department Service (Recruitment) Rules, 1961, to determine the inter‑se seniority between directly recruited officers and promotees in the Karnataka Agricultural Service. The appellants contended that the Karnataka …

MADANLAL SETHI AND ORS. ETC.versusSTATE OF M.P. AND ORS. ETC.

1997 INSC 332Dismissed

The appellants, owners of saw‑mills, challenged the constitutionality of the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the M.P. Transit (Forest Produce) Rules, 1961, contending that the mandatory maintenance of detailed records (Forms D‑1, D‑2, D‑3) and the consequent risk of …

STATE OF PUNJAB AND ORS.versusG.S. GILL AND ANR.

1997 INSC 333Leave Granted & Allowed

The State of Punjab appointed a general‑category employee as Junior Technical Assistant and later promoted a Scheduled Caste candidate to the sole Assistant Superintendent post, which was reserved under the roster. The aggrieved general‑category employee sought a mandamus to de‑reserve the post, …

RAJEEV MANKOTIAversusTHE SECRETARY TO THE PRESIDENT OF INDIA AND ORS.

1997 INSC 334Disposed off

The petitioner, Rajeev Mankotia, filed a writ petition under Article 32 seeking protection of the Viceregal Lodge in Shimla as an ancient monument of national importance, opposing the Union Government's plan to convert it into a tourist hotel. The Court examined the definition of "ancient monument" …

DELHI STOCK EXCHANGE ASSOCIATION LTD.versusCOMMISSIONER OF INCOME TAX, NEW DELHI

1997 INSC 297Dismissed

The Delhi Stock Exchange Association Ltd., a company limited by shares, claimed exemption from income tax under Section 11 read with Section 2(15) of the Income Tax Act, 1961, asserting that its income was derived from property held in trust for charitable purposes. The claim pertained to assessment …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusASHWANI KUMAR

1997 INSC 276Appeal(s) allowed

The Punjab State Electricity Board supplied electricity to Ashwani Kumar, later issuing a bill of Rs.1,90,498.79 for the period Dec 1983‑Jan 1985. Kumar filed a civil suit seeking a permanent injunction to restrain the Board from recovering the amount. The trial court decreed in his favour, an …

BROOKE BOND INDIA LTD.versusCOMMISSIONER OF INCOME TAX, WEST BENGAL-III.

1997 INSC 203Dismissed

The appellant, Brooke Bond India Ltd., a public limited company, issued ordinary shares at a premium to increase its share capital and incurred Rs 13,99,305 in expenses, which it claimed as a deductible revenue expense under Section 37(1) of the Income Tax Act, 1961. The Assessing Officer disallowed …

M/S. SOUTH INDIA STEEL ROLLING MILLS, MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 199Dismissed

The appellant, a partnership firm, had claimed a development rebate under sections 33(1)(a) and 34(3)(a) of the Income Tax Act for several assessment years. One partner died, causing the firm to dissolve on 3 March 1968, before the eight‑year utilisation period prescribed by section 34(3)(a). A new …

STATE OF RAJASTHANversusTARACHAND AND ORS.

1997 INSC 130Dismissed

The petitioners challenged their promotions on the ground that their service records were not "outstanding" throughout the period considered, invoking Rule 28‑B of the Rajasthan Administrative Service Rules, 1954. The State argued that an amendment to Rule 28‑B made on 30‑Nov‑1991, which clarified …

RAJ KUMAR AND ORS. ETC.versusSHAKTI RAJ AND ORS. ETC.

1997 INSC 131Directions issued

The case concerned the recruitment of Canal Patwaris (Class III posts) in Haryana's Irrigation Department. The 1955 Patwaris Rules were amended by a 1970 notification requiring selection through the Subordinate Service Selection Board (SSSB). The Government, however, conducted examinations under the …

KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.

1997 INSC 52Dismissed

The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed …

RAJKOT MUNICIPAL CORPORATIONversusMANJULBEN JAYANTILAL NAKUM AND ORS.

1997 INSC 34Appeal(s) allowed

The deceased Jayantilal was killed when a roadside tree, planted by the Rajkot Municipal Corporation, fell on him while he was walking on a footpath. His widow and children sued the corporation for damages, alleging negligence in failing to maintain the tree in a safe condition. The trial court and …

S.K.G SUGAR LTD.versusSTATE OF BIHAR AND ORS.

1997 INSC 29Dismissed

S.K.G. Sugar Ltd., a sugar factory with a reserved area under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, paid the Central Government‑fixed minimum price of Rs.13.92 per quintal for sugarcane as prescribed in the Sugarcane (Control) Order, 1966. The State Government, acting in …

DR. K. RAMULU AND ANR. ETC.versusDR. S. SURYAPRAKASH RAO AND ORS.

1997 INSC 30Appeal(s) allowed

The respondent, a Veterinary Assistant Surgeon in the Andhra Pradesh Animal Husbandry Department, filed an application seeking a promotion panel for the post of Assistant Director under the then‑applicable Rule 4 of the A.P. Subordinate Service Rules. The Andhra Pradesh Administrative Tribunal …

BHURI NATH AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1997 INSC 14Disposed off

The Supreme Court examined the constitutionality of the Jammu & Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, which transferred management of the shrine and its endowments to a statutory Board and extinguished the hereditary rights of Baridars to receive offerings. The Baridars argued that the …

GORIE GOURI NAIDU (MINOR) AND ANR.versusTHANDROTHU BODEMMA AND ORS.

1997 INSC 12Dismissed

The Supreme Court dismissed a civil appeal filed by the heirs of a defendant challenging a Division Bench judgment that declared four deeds of gift executed by Gowramma void. The earlier suit before a Subordinate Judge and the subsequent High Court appeal had held those deeds invalid under Hindu …

BAKHATAWARversusSHRI SATNARAIN ATID ORS.

1996 INSC 1523Appeal(s) allowed

Shri Neki, a tenant of demised agricultural land for over 50 years, paid one‑third of the crop produce as rent to the landlord's agent. In 1978 the rabi crop failed and he could not pay the share, but later paid the amount. The landlord's General Power of Attorney (GPA) filed an eviction application …

JAGANNATHversusSHRI YUGAL NARAIN PUROHIT, ADV. AND ORS.

1996 INSC 1524Dismissed

The appellant Jagannath challenged a sale of property made by the insolvent Bhadarmal to the respondent Yugal Narain Purohit on May 17, 1958, seeking a declaration under Section 53 of the Provincial Insolvency Act that the transfer was fraudulent. The trial court, a single judge and a division bench …

AMBALAL SARABHAI ENTERPRISES LTD. AND ORS.versusPRAKASH CHANDRA ARYA

1996 INSC 1510Disposed off

Ambalal Sarabhai Enterprises Ltd. and others appealed against a decree appointing a Receiver over premises occupied by the respondent, Prakash Chandra Arya. The Calcutta High Court Division Bench had declined to interfere with the single judge’s order appointing the Receiver. The Supreme Court, …

JASP AL SINGH AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 1511Dismissed

The Supreme Court heard an appeal by Jaspal Singh and another against the Union of India concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired for a cantonment extension in Amritsar. The appellants claimed loss of earnings from their poultry business under clause …

KALIKA PRASAD AND ANR.versusCHHATRAPAL SINGH (DEAD) BY LRS.

1996 INSC 1512Dismissed

The appellant filed a suit for declaration of title and possession of agricultural land, while the respondent claimed title by adverse possession. The trial court held that the respondent had acquired title by adverse possession after more than twelve years of uninterrupted possession, but the …

STATE OF U.P.versusSHER SINGH AND ORS.

1996 INSC 1504Appeal(s) allowed

The State of Uttar Pradesh filed a suit under Section 6 of the Urban Land (Ceiling & Regulation) Act, 1976 seeking a declaration that the respondent, Ram Het, held vacant urban land in excess of the prescribed ceiling. The competent authority found an excess of 1,146.0430 sq m and the matter was …

SANWAT SINGHversusZAIL SINGLF AND ORS.

1996 INSC 1505Appeal(s) allowed

Dalip Kaur sold her land to Jeet Kanwar in 1967. Zail Singh obtained a decree of pre-emption and attempted to take possession of the property, which was then occupied by the appellant who claimed to be a tenant of the vendor since before 1957. The trial court granted a perpetual injunction in favor …

STATE OF PUNJAB AND ORS.versusMOHINDER SINGH CHAWLA ETC.

1996 INSC 1506Disposed off

A government servant suffering from a heart ailment was permitted to obtain specialized treatment at AIIMS/Escorts Heart Institute because such facilities were unavailable in Punjab state hospitals. He submitted his medical bills for reimbursement, including the actual room rent paid during his …

BALARPUR INDUSTRIES LTD.versusSTATE OF GUJARAT AND ORS.

1996 INSC 1377Disposed off

Balarpur Industries Ltd. sought to quash a notification under Section 4(1) of the Land Acquisition Act, 1894 that acquired land needed for a public purpose, contending that the acquisition would block ingress and egress to its factory. The respondents, including the acquiring authority and a fourth …

C. PADMA AND ORS.versusTHE DY. SECRETARY TO THE GOVT. OF TAMIL NADU AND ORS.

1996 INSC 1378Dismissed

The appellants owned land that was acquired by the Government of Tamil Nadu in 1962 under the Land Acquisition Act, 1894 for a synthetic resin plant of Reichold Chemicals. The acquisition became final, compensation was paid, and the land vested in the State. Subsequently, the land was transferred to …

SHIMLA DEVELOPMENT AUTHORITY AND ORSversusSMT. SANTOSH SHARMA AND ANR.

1996 INSC 1380Dismissed

The case concerned land acquired under the Land Acquisition Act, 1894 where the acquisition officer initially fixed compensation at Rs 40,000 per bigha. The District Judge enhanced the amount to Rs 1,00,000 per bigha, but the High Court, on appeal, deducted 40 % of the enhanced compensation as …

THE STATE OF PUNJABversusSARWAN SINGH

1996 INSC 1342Appeal(s) allowed

The case arose from a land dispute that escalated into a fight between two groups on 25 October 1985, during which the victim Santokh Singh sustained eight injuries, five on the head, inflicted by the respondent Sarwan Singh with a heavy weapon (gandasa). The trial court and the Punjab & Haryana …

STATE OF PUNJAB AND ORS.versusLAL SINGH AND ORS.

1996 INSC 1323Appeal(s) allowed

The appellants, who were JBT Teachers appointed temporarily as Head Teachers, claimed an advance increment for the period of their temporary promotion. The dispute centered on which pay‑scale the advance increment should be drawn from – the scale of the temporary post (Head Teacher) or that of their …

NIVARTI GOVIND INGALE AND ORS.versusRAVANAGOUDA BHIMANGOUDA PATIL

1996 INSC 1324Appeal(s) allowed

Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the …

PUNJAB STATE ELECTRICITY BOARD, PATIALA AND ANR.versusSURJIT SINGH BRAR

1996 INSC 1325Appeal(s) allowed

The respondent, an ex‑army officer who served from 1963 to 1973, was appointed to a civil post in 1979 under the ex‑servicemen quota and was granted pay increments and seniority under the Punjab Government National Emergency (Concession) Rules, 1965 (Rules 2 and 4). The State later realised that he …

PARSHOTAM SINGH (DEAD) THROUGH LRS.versusHARBANS KAUR AND ANR.

1996 INSC 1327Appeal(s) allowed

Bakhtawar Singh died leaving his son Harsukhjit Singh and widow Pritam Kaur. Harsukhjit succeeded to property inherited from his grandfather and to a portion of his mother's self‑acquired property, which he later blended. After Harsukhjit’s death, his sons Parshotam Singh (appellants) and Lakhmir …

BRIG. SAWAI BHAWANI SINGHversusM/S. INDIAN HOTELS COMPANY LTD.

1996 INSC 1328Dismissed

The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the …

UNION OF INDIA AND ORS.versusMAHENDER SINGH AND ORS.

1996 INSC 1329Appeal(s) allowed

The respondents, who served as temporary drivers (Security Assistants Motor Transport) in the Intelligence Bureau from April 24, 1986 to October 5, 1988, filed an application for regularisation of their services. The Central Administrative Tribunal directed that they be regularised with relaxation …

GOVERNMENT OE INDIA REPRESENTED BY THE SECRETARYversusK.V. SWAMINATHAN

1996 INSC 1330Appeal(s) allowed

K.V. Swaminathan applied for a freedom‑fighter pension, which was pending for a long period. The government, after giving him the benefit of doubt, granted the pension on 18 November 1989. Swaminathan filed a writ petition seeking the pension to be backdated to the date of his application. The …

RAMARAVALUGAVADEversusSATABA GAVADU GAVADE (DEAD) THROUGH LRS. AND ANR.

1996 INSC 1331Appeal(s) allowed

The appellant, an illiterate farmer, sought to bring his legal representatives on record after his uncle, a party to a civil suit, died pending appeal, causing the original appeal to abate. The High Court dismissed the application to condone the delay, citing lack of proper explanation, and upheld …

BIHAR STATE ELECTRICITY BOARDversusAKHIL KRISHNA MITRA AND ORS.

1996 INSC 1332Disposed off

The employee was appointed as a Bihar Government servant in June 1950 and was sent on deputation to the Bihar State Electricity Board (BSEB) in August 1959, later being absorbed by the Board in 1970 and retiring in 1984. The dispute concerned whether the BSEB was liable to pay the employee's pension …

STATE OF KERALA ETC.versusGURUVAYUR DEVASWOM MANAGING COMMITTEE AND ORS. ETC.

1996 INSC 1333Dismissed

The State of Kerala challenged a Kerala High Court order that sanctioned Rs 7,10,212 spent by Shri Raghavan, the Administrator of the Guruvayur Devaswom, on a clerk recruitment examination whose question paper had leaked, and also directed payment of Rs 35,000 as monetary consideration for his …

SHEAPUJAN BHAGATversusTHAKUR HEMBROM AND ORS.

1996 INSC 1308Disposed off

The village headman Hari Hembrom resigned voluntarily, rendering the village a 'Khas village' under Section 4(ix) of the Santai Parganas Tenancy (Supplementary Provisions) Act, 1949. An election was held and the appellant, Sheapujan Bhaghat, was declared the winner, which the respondent, Thakur …

EMPLOYEE'S STATE INSURANCE CORPORATIONversusM/S. F. FIBRE BANGALORE (P) LTD.

1996 INSC 1309Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) sought recovery of employer contributions from M/S F. Fibre Bangalore (P) Ltd., which disputed the liability and quantum of the contribution. The dispute centered on whether, under Section 75 of the Employees' State Insurance Act, 1948, the …

SMT. TULSA BAIversusSTATE OF MADHYA PRADESH AND ORS.

1996 INSC 1310Dismissed

Sm. Tulsabai filed a suit seeking declaration of title and an injunction against the State of Madhya Pradesh and others, asserting that she purchased a plot and built a house using her own funds. The State contended that the house was held in her name as a benami transaction to shield her husband, a …

K.P.A. VELLAYAPPA NADAR (DEAD) THROUGH LRS.versusBHAGIRATHI AMMAL AND OTHERS

1996 INSC 1296Appeal(s) allowed

The appellant, K.P.A. Vellayappa Nadar, was a partner in a firm formed in 1954. In February 1970, due to his old age, the partners mutually dissolved that firm and settled accounts, and a new partnership was created on 15 February 1970 without the appellant. After the death of one partner in 1972, …

SHRI TULSIversusSMT. PARO (DEAD)

1996 INSC 1297Appeal(s) allowed

The respondent, Paro, sued Tulsi for possession of agricultural land, alleging Tulsi was merely a licensee who cultivated the land on her behalf. Tulsi contended he was a tenant at will, a status reflected in revenue records from 1951‑52 to 1971‑72 where he was listed as "Gar Marusi" and he had …

JAI DAYAL AND ORS.versusKRISHAN LAL GARG AND ANR.

1996 INSC 1298Appeal(s) allowed

Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that …

VIJAY KUMAR NIGAM (DEAD) THROUGH LRS.versusSTATE OF M.P. AND ORS.

1996 INSC 1299Dismissed

V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and …

RAJ KUMAR KARANWALversusTHE COMMISSIONER AND ANR.

1996 INSC 1275Dismissed

The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease …

UNION OF INDIA AND ORS.versusMAJOR R.N. MATHUR

1996 INSC 1276Appeal(s) allowed

Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the …

UNION OF INDIAversusK.R. THAMPI

1996 INSC 1277Appeal(s) allowed

The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an …

UNION OF INDIA AND ORS.versusSITARAM SHIVHANDRAI GARODIA AND ANR.

1996 INSC 1278Disposed off

The Union of India sought to acquire 130 acres 19 guntas of land in Survey No. 249 for a railway project under the Land Acquisition Act, 1894. The railway later withdrew its proposal, and the respondents challenged the acquisition, arguing that the earlier High Court had set aside eviction …

SOWRASHTRA VIPRA SABHAversusTHE NAMAKKAL MUNICIPALITY AND ANR.

1996 INSC 1279Dismissed

The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of …

M/S CHEEMA ENGINEERING SERVICESversusRAJAN SINGH

1996 INSC 1267Appeal(s) allowed

Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under …

GOVERNMENT OF A.P. AND ANR.versusG. LAKSHMAN REDDY AND ANR.

1996 INSC 1268Dismissed

A compound wall erected at police quarters in Nizamabad obstructed a public way, leading to an ex‑parte decree for its demolition. A warrant for demolition was issued and court officers proceeded to the site, but Circle Inspector Narasimha Raju, Sub‑Inspector Laxminarayana and other police personnel …

ABDUL MAJEED SAHIB AND ANR.versusTHE DISTRICT COLLECTOR AND ORS.

1996 INSC 1269Dismissed

The State issued a notification (Section 4) on 16 Oct 1987 and a declaration (Section 6) in June 1988 to acquire land for a telephone exchange. Because the Land Acquisition Officer failed to make a compensation award within the two‑year period prescribed by the newly inserted Section 11‑A (Amendment …

SH. VIJAY SINGH, SECRETARY HOME AND ANR.versusMITTANLAL HINDOLIYA

1996 INSC 1270Appeal(s) allowed

The respondent, a Sub‑Inspector, applied to the Madhya Pradesh Administrative Tribunal for correction of his date of birth from 5 August 1934 to 16 July 1938. The Tribunal directed the employer to consider his representation, which was subsequently considered and rejected. The respondent then …

STATE OF HARYANA AND ORS.versusSHRI SURAJ BHAN

1996 INSC 1256Appeal(s) allowed

Shri Suraj Bhan, a driver employed since 1970, was declared medically unfit to drive heavy vehicles in 1992 and retired in 1995. He sought a compassionate appointment for his son, and the Punjab and Haryana High Court ordered the appellant corporation to appoint the son on compassionate grounds. On …

MITHILESH KUMARversusMANOHAR LAL

1996 INSC 1257Appeal(s) allowed

Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily …

M/S. C.S. COMPANY AND ORS.versusKERALA STATE ELECTRICITY BOARD

1996 INSC 1246Dismissed

The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed …

M/S. MOTORS AND INVESTMENTS LTD.versusTHE NEW BANK OF INDIA AND ORS.

1996 INSC 1248Disposed off

Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered …

MRS. SEEMA KUMARI SHARMAversusSTATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 1206Appeal(s) allowed

The appellant, a candidate for Junior Basic Teacher training in Himachal Pradesh, claimed extra marks under the selection criteria for candidates belonging to Integrated Rural Development Programme (IRDP) families. The Director of Education’s notice allotted 10 marks for IRDP status, but the …

HAFIZ WASHI AHMEDversusKUTUBUDDIN AND ORS.

1996 INSC 1099Appeal(s) allowed

Hafiz Washi Ahmed filed a suit for injunction to protect his possession of a portion of land and a structure, claiming exclusive title based on an alleged gift, while the land was partly declared evacuee property. The trial court held that the factual question of whether the disputed portion was …

STATE OF MADHYA PRADESHversusSWAROPCHANDRA

1996 INSC 1100Dismissed

The truck bearing No. 9493 was seized by a Divisional Forest Officer for carrying 22 logs of timber without a permit under the Madhya Pradesh Ven Upaj Vyapar Viniyaman Act, 1969. The driver compounded the offence by paying Rs.1,000, but the truck was not released because its value was not paid, …

JAGANNATH KASHINATH PATILversusNARAYAN BALUGAIKAR

1996 INSC 1101Dismissed

The respondent filed a suit to remove a structure erected by the appellant and to restrain interference with his possession of a 50 ft x 30 ft plot. The plot originally belonged to the respondent's maternal grandmother, who had executed a possessory mortgage in favor of Pukharaj, who later returned …

STATE OF KARNATAKA AND ANR.versusUPPEGOUDA AND ORS. ETC.

1996 INSC 1102Appeal(s) allowed

The State appealed against a Karnataka High Court order that denied registration of occupancy to a tenant, Puppegouda, who had been in possession of 2 acres 30 gunthas of land since 1950 under successive lease renewals. The Karnataka Tenancy Act, 1961 protected his possession, and the Land Reforms …

CHATTAR SINGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 1103Disposed off

The Supreme Court examined a challenge by OBC candidates to the proviso of Rule 13 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, which allowed a 5% relaxation in preliminary‑exam cut‑off marks for Scheduled Caste (SC) and …

JASWANT SINGH AND ANR.versusTHE STATE OF PUNJAB

1996 INSC 1094Appeal(s) allowed

The appellants, who were employed as drivers, became blind while in service and applied for alternative appointment. The employer removed them from service instead of providing a suitable post. The Supreme Court examined the issue in light of the precedent set in Anand Bihari v. Rajasthan S.R.T.C., …

HARJINDER SINGH SODHIversusSTATE OF PUNJAB AND ORS,.

1996 INSC 1095Dismissed

Harjinder Singh Sodhi challenged his non-selection to the Punjab Civil Services Executive Branch, arguing that the Punjab Public Service Commission (PPSC) failed to properly assess merit, that the government falsely claimed no vacancy existed, and that the 50% weight given to interview marks was …

MADHAVKRISHNA AND ANR.versusCHANDRA BHAGA AND ORS.

1996 INSC 1097Appeal(s) allowed

Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title …

GUPTA STEEL INDUSTRIESversusM/S. JOLLY STEEL INDUSTRIES PVT. LTD. AND ANR.

1996 INSC 1098Disposed off

The parties entered into a compromise decree while an appeal was pending, obligating the respondents to deposit specified sums and the appellants to surrender possession of land and machinery. The respondents failed to deposit the amounts by the stipulated deadline; the High Court later accepted the …

RAMESH KUMAR CHOUDHA AND ORS.versusSTATE OF M.P. AND ORS.

1996 INSC 1088Disposed off

The appellants and respondents were employees of the Madhya Pradesh Irrigation Engineering Service governed by the 1968 Recruitment Rules. The Rules stipulated that eligibility for promotion to Assistant Engineer be determined as of 1 January each year, requiring either 8 years of service for …

STATE OF U.P. AND ANR.versusT.P. LAL SRIVASTAVA

1996 INSC 1090Appeal(s) allowed

The respondent, a Senior Marketing Inspector, was served a charge‑sheet on 23 November 1984 alleging gross irregularities in the movement of wheat. He failed to submit a reply despite several letters, and the employer dismissed him on 26 June 1987. The High Court set aside the dismissal, holding …

ALL ORISSA ELECTRICAL WORKERS UNIONversusSTATE OF ORISSA AND ORS.

1996 INSC 1091Dismissed

The All Orissa Electrical Workers Union filed a Special Leave Petition challenging the State of Orissa's service rules that required Class III and higher employees, even if skilled or highly skilled, to retire at 58 instead of 60. The petition argued that various categories of workers such as …

C.K. LOKESHversusP.E. PANDURANGA NAIDU

1996 INSC 1092Appeal(s) allowed

The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant …

KUMUD LATA DASversusINDU PRASAD

1996 INSC 1076Appeal(s) allowed

The appellant, a daughter-in-law, was in possession of a property when her mother‑in‑law filed a suit for possession. The appellant was set ex parte and sought restoration of the decree. The Delhi High Court ordered that the appellant deposit mesne profits of Rs 2,000 per month from the date of the …

P.A.THOMAS AND ANR.versusM. MOHAMMED TAJUDDIN AND ANR.

1996 INSC 1077Dismissed

The appellant, P.A. Thomas, was let an open land under a lease and later converted his sole proprietorship into a partnership named 'P.A. Thomas and Co.' with his son and another partner. The Supreme Court examined whether, under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922, the …

DR. CHIITARANJAN SHARMA AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 1078Dismissed

The Supreme Court examined the absorption of staff from the H.I.M. Ayurvedic Degree College, which had been taken over by the Himachal Pradesh government. The college employees were to be regularised only if they satisfied qualifications, age, and were appointed before the takeover, as per the …

JAIPUR DEVELOPMENT AUTHORITYversusMAHAVIR HOUSING CO-OP., SOCIETY, JAIPUR ETC.

1996 INSC 1069Appeal(s) allowed

The Jaipur Development Authority acquired land for an urban development scheme under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer initially awarded compensation of Rs 5,000 per bigha to Jai Ambe Co‑op Housing Society and Rs 7,500 per bigha to Mahavir Co‑op Housing Society. …

UNION OF INDIA AND ANR.versusMADHAV S/0. GAJANAN CHAUBAL AND ANR.

1996 INSC 1070Appeal(s) allowed

The Government created a single post of Secretary in the National Savings Scheme Service and applied a 40‑point roster and rule of rotation to reserve vacancies for Scheduled Tribes. When a vacancy at point No. 4 arose, a Scheduled Tribe candidate was to be promoted from the Superintendents, but the …

M/S. KALYANJI VITHALDAS AND SONSversusTHE STATE OF M.P. AND ORS.

1996 INSC 1064Dismissed

The appellant firm had a three‑year agreement with the Government of Madhya Pradesh for the purchase of tendu leaves, which was renewable annually. The appellant offered renewal on 7 December 1968; the Government accepted the offer on 31 January 1969, but the acceptance was communicated to the …

JAYKUMAR GANPATI WAIKARversusNIVRITTI SAKHARAM TITWE AND ORS.

1996 INSC 1065Dismissed

The appellant, a minor who succeeded his adoptive mother (a widow) as landlord, was involved in eviction proceedings under Section 31(3) of the Bombay Tenancy and Agricultural Lands Act, 1948. The mother died during the suit, which was later dismissed, and the appellant attained majority on 19 March …

D.K. CHHANGANI AND ORS.versusNITYA RANJAN MUKHERJEE AND ORS.

1996 INSC 1066Disposed off

The appeal arose from a Calcutta High Court order concerning the recognition of a rival union of Geological Survey of India employees. The dispute centered on whether the High Court had jurisdiction to review an Industrial Tribunal's decision in Maharashtra regarding the membership and recognition …

GHEEVARGHESE MATHEW ETC.versusSTATE OF KERALA AND ANR. ETC.

1996 INSC 1067Dismissed

The petitioners challenged the compensation awarded for land acquired by the Greater Cochin Development Authority under the Kerala Land Acquisition Act, 1950 (equivalent to the Land Acquisition Act, 1894). The acquisition officer initially fixed compensation at Rs 280 per cent, the civil court …

M/S. ESTER INDUSTRIES LTD.versusU.P. STATE ELECTRICITY BOARD AND ORS.

1996 INSC 1068Dismissed

The Government of Uttar Pradesh issued a policy on 16 July 1986 granting a 10% developmental rebate on electricity to newly set‑up industries, valid until 1990. Ester Industries Ltd., having established a plant, claimed the rebate, but the Uttar Pradesh State Electricity Board issued a tariff …

DELHI DEVELOPMENT AUTHORITYversusKANWAR KUMAR MEHTA AND ORS. ETC.

1996 INSC 1058Appeal(s) allowed

The Delhi Development Authority (DDA) allotted 5,000 plots in Rohini, Delhi, but a stay ordered by the High Court on land acquisition delayed issuance of allotment letters. After the stay was vacated, the DDA recalculated plot costs using a cost‑of‑living index escalation of 16.62% per annum, …

SANKALCHAN JAYCHANDBHAI PATEL AND ORS.versusVITHALBHAI JAYCHANDBHAI PATEL AND ORS.

1996 INSC 1054Dismissed

The appellants and respondent were co‑owners of a property that had been partitioned and subsequently mutated in revenue records. The respondent filed an appeal under Section 11 of the Bombay Revenue Jurisdiction Act, which was dismissed, after which the appellants instituted a civil suit for …

JUDHISTIR MOHANTYversusSTATE OF ORISSA AND ORS.

1996 INSC 1055Dismissed

The appellant, a Superintendent of Jail in leave reserve (Class II), petitioned the Chief Minister for a transfer to Behrampur so he could settle before retirement. The government honored his request and transferred him to a Superintendent of Circle Jail (Class I) post, where he served from April to …

BASANT KUMAR ETC.versusUNION OF INDIA ETC.

1996 INSC 1046Appeal(s) allowed

The Supreme Court considered a dispute arising from a 1961 notification under Section 4(1) of the Land Acquisition Act, 1894, which acquired 1669 bighas of land in Posangipur. The original compensation was Rs 1400/1200 per bigha, later enhanced by the Additional District Judge to Rs 3050 per bigha. …

SHATRUGHNA PRASAD SINHAversusRAJBHAU SURAJMAL RATHI AND ORS.

1996 INSC 1020Case Partly allowed

The appellant, Shatrughna Prasad Sinha, was charged after an interview published in Stardust magazine allegedly outraged the religious feelings of the Marwari community and defamed them as a class. Complaints were filed in the magistrate courts of Pune and Nasik. The High Court held that the Pune …

NANDATAIversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1021Dismissed

The petition arose from a land acquisition proceeding where a notification under Section 4(1) of the Land Acquisition Act, 1894 was published and notice under Rule 1 was served on the father‑in‑law, who was the recorded owner of the land at the time. The petitioner, who had obtained the land through …

NARAMADABEN MAGANLAL THAKKERversusPRANJIVANDAS MANGANLAL THAKKER AND ORS

1996 INSC 1023Appeal(s) allowed

Motilal Gopalji owned a property and executed a gift deed on 15 May 1965 in favour of the first respondent, reserving his right to retain possession and collect rents during his lifetime. Within a month he executed a cancellation deed on 9 June 1965, stating that the conditional gift had not been …

UNION OF INDIAversusMOHAN SINGH AND ORS.

1996 INSC 1016Appeal(s) allowed

The first respondent claimed freedom‑fighter status and applied for a pension under the Freedom Fighters' Pension Scheme, relying primarily on a certificate from an MLA and a co‑prisoner as proof of six months' imprisonment. The Government examined the documents and concluded that they were …

SREEDAM CHANDRA GHOSHversusTHE STATE OF ASSAM AND ORS.

1996 INSC 1017Dismissed

S.C. Ghosh, an Assistant Graduate Teacher, was appointed to officiate as Headmaster of Kahilipara High School after the retirement of the regular headmaster. When a regular headmaster, Mukul Chandra Roy, was transferred to that post, Ghosh challenged the transfer, claiming he had been promoted to a …

M/S. VICTORIAN GRANITES (P) LTD.versusP. RAMA RAO AND ORS.

1996 INSC 1018Appeal(s) allowed

The appellant, M/s Victorian Granites (P) Ltd, challenged the Government’s order setting aside the assignment of mining leasehold rights by the original lessee, P. Rama Rao, to Magam Inc. The lease, granted under the Andhra Pradesh Mines & Mineral Concession Rules, 1966, was transferred exactly two …

N. RAJARATHINAMversusSTATE OF TAMIL NADU AND ANR.

1996 INSC 1003Dismissed

The petitioner, N. Rajarathinam, an Assistant Commissioner of Commercial Tax, was charged with demanding and accepting illegal gratification from a taxpayer (PW‑1). He was suspended and an enquiry was conducted by the Tamil Nadu Administrative Tribunal, which, after finding that the pre‑ponderance …

HANUMAN PRASADversusUNION OF INDIA AND ANR.

1996 INSC 1005Dismissed

The case concerned the cancellation of a select list of 106 candidates for Ticket Collector posts after a CBI preliminary report indicated that examination papers had been leaked and mass copying occurred. The candidates challenged the cancellation, contending that the Divisional Manager lacked …

MOHAMMADversusMOHAMMED BEKE

1996 INSC 1006Appeal(s) allowed

The appellant transferred one acre and 65 cents of land with a building to his father for his lifetime enjoyment, stipulating that after the father's death the property would be used as a Muslim Jamat mosque. While the father was still alive, the appellant executed a second deed cancelling the …

GUMAN SINGHversusSTATE OF RATASTHAN AND ORS.

1996 INSC 1007Dismissed

The petitioner, a lessee of sand stone in Rajasthan, failed to file the required returns under the Rajasthan Mineral Concession Rules, 1986, prompting the Assessing Authority to make a best‑judgment assessment under Rule 38(3) based on a government circular of 17 October 1987. A random weighment of …

UNION OF INDIAversusMOHAN SINGH RATHORE AND ANR.

1996 INSC 978Disposed off

Mohan Singh Rathore, a Rajasthan State Police Service officer, was placed on the select list for promotion to the Indian Police Service (IPS) and his name was approved by the UPSC. The State Government failed to issue the mandatory "no deterioration certificate" before his retirement on 31 May 1988, …

SHARAFAT HUSSAIN (DEAD) THROUGH LRS.versusMOHD. SHAFIQ AND ORS.

1996 INSC 979Appeal(s) allowed

The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An …

STATE OF KARNATAKA AND ORS.versusS.M. KOTRAYYA AND ORS.

1996 INSC 980Appeal(s) allowed

The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held …

D. RADHAKRISHNANversusUNION OF INDIA AND ORS.

1996 INSC 981Dismissed

D. Radhakrishnan, appointed to the Tamil Nadu State Police Service in 1979, was transferred to a cadre post in July 1980 and continuously officiated there. He was first placed on the UPSC‑approved select list in 1979 (continued for 1980), omitted in 1981 due to lack of vacancies, and re‑included in …

ALLAHABAD DEVELOPMENT AUTHORITYversusNASIRUZZAMAN AND ORS.

1996 INSC 982Appeal(s) allowed

The Allahabad Development Authority had acquired 23 bighas 19 biswas of land for a Transport Nagar Scheme by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 and taking possession on 2 November 1977 under Section 17(4). The acquisition was later declared to have lapsed …

SH. SUVARAN RAJARAM BANDEKAR AND ORS.versusSH. NARAYAN R. BANDEKAR AND ORS.

1996 INSC 983Dismissed

The Supreme Court heard a civil appeal challenging a Bombay High Court order that dealt with a consent decree between the parties concerning payment of amounts and the handover of registration certificates (R.C.) for certain vehicles. The appellants sought modification of the payment schedule under …

UNION OF INDIA AND ANR.versusTHE SPECIAL LAND ACQUISITION OFFICER & ORS.

1996 INSC 984Dismissed

The Union of India and another party, as tenants of a plot in Worli Estate, challenged a compensation award made by the Special Land Acquisition Officer under the Land Acquisition Act, 1894. They argued that the award of Rs. 8300 per square foot was excessive and that, as tenants, they were entitled …

ARULMIGHU LAKSHMINARASIMHASWAMY TEMPLE SINGIRIGUDIversusUNION OF INDIA AND ORS.

1996 INSC 985Appeal(s) allowed

The case concerned a piece of land acquired under the Land Acquisition Act, 1894 for a public purpose. After the acquisition, a dispute arose over who was entitled to receive the compensation. The single judge had declared the title in favour of the petitioner and the division bench directed a civil …

SECY. (HEALTH) DEPTT. OF HEALTH AND F.W. AND ANR.versusDR. ANITA PURI AND ORS.

1996 INSC 970Appeal(s) allowed

The Punjab Public Service Commission advertised 21 Dental Officer posts requiring a B.D.S. degree and stating a preference for higher dental qualifications. Dr. Anita Puri, holding an M.D.S., filed a writ petition claiming that the preference clause entitled her to be selected, and the Punjab & …

M. JAYAKUMAR AND ORS. ETC.versusSTATE OF TAMIL NADU AND ORS.

1996 INSC 974Appeal(s) allowed

The case concerned the interpretation of Tamil Nadu Ministerial Service Rules and special rules under G.O.Ms. No. 3134 regarding promotion of Assistants to Superintendents in the Urban Land Tax Department. The respondents argued that all city‑based units (Board of Revenue, Assistant Commissioner’s …

BISHAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.

1996 INSC 976Appeal(s) allowed

Three police officers, including the petitioners, led a peaceful procession after duty hours to present a grievance about inadequate accommodation to the Superintendent of Police, in violation of a prohibitory order. They were dismissed from service under Rule 16(2) of the Punjab Police Rules for …

STATE OF MAHARASHTRAversusSH. MARUTI SHRIPATI DUBAL

1996 INSC 969Dismissed

Shri Maruti Shripati Dubal, a police constable, suffered a head injury in a 1981 road accident and was subsequently diagnosed with schizophrenia. He attempted self‑immolation on 27 April 1985 and was charged under Section 309 of the Indian Penal Code. While the case was pending, he challenged the …

KUTTIYAPPANversusUNION OF INDIA AND ORS.

1996 INSC 946Dismissed

The petitioners, selected for promotion under a 25% internal quota, joined their posts in October 1990, while direct recruits under the same quota joined earlier in August 1990. The petitioners claimed that, because their selection process began earlier, they were entitled to seniority over the …

THE UNION OF INDIAversusSHRI SUBE RAM AND ORS.

1996 INSC 947Appeal(s) allowed

The Union of India acquired land in Delhi under the Land Acquisition Act, 1894 and awarded compensation, which was subsequently enhanced by the Land Acquisition Officer and the Additional District Judge. The High Court, relying on the 1984 Amendment Act, further enhanced the compensation by granting …

STATE OF KARNATAKA AND ORS.versusD.C. NANJUDAIAH AND ORS.

1996 INSC 948Appeal(s) allowed

The State of Karnataka issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 August 1982 and later conducted an enquiry under Section 5‑A, after which a declaration under Section 6 was published on 24 June 1985. Two writ petitions challenged both the notification and the …