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713 judgments · newest first · showing 401–600

THE SPECIAL LAND ACQUISITION OFFICER, SRIRANGAPATNAMversusNAGEGOWOA

1996 INSC 936Appeal(s) allowed

The Special Land Acquisition Officer acquired 5 acres 21 gunthas of land for a canal under a Section 4(1) notification of the Land Acquisition Act, 1894. The officer initially awarded Rs 4,800 per acre, which was enhanced by a civil judge to Rs 20,000 per acre and upheld by the High Court. On …

JOYACHAN M. SEBASTIANversusTHE DIRECTOR GENERAL AND ORS.

1996 INSC 937Dismissed

Joyachan M. Sebastian was initially appointed as Clerk Grade‑II at the Doordarshan Television Station, Kohima on 21 September 1983. The post was abolished on 8 June 1983 and he was transferred, at his option, to the Doordarshan Kendra, Salem on 6 August 1984, and later, at his request, to Trivandrum …

THE DIVISIONAL FOREST OFFICER AND ORS.versusS. NAGESHWARAMMA

1996 INSC 938Appeal(s) allowed

The respondent held a mining lease granted in 1979 for extracting minerals in a forest area, which expired in 1984. The Forest Conservation Act, 1980, which came into force in 1980, requires prior central government approval for any mining in forest areas. In 1989 the respondent applied for renewal …

GUJARAT INDUSTRIAL DEVELOPMENT CORPORATIONversusNAROTTAMBHAI MORARBHAI AND ANR.

1996 INSC 939Appeal(s) allowed

The Gujarat Industrial Development Corporation acquired 861,515 sq m of waste land on the outskirts of Surat for industrial development under a notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs 5 per sq m, which was later enhanced to Rs …

STATE OF KERALA AND ANR.versusRADHAMANY

1996 INSC 940Appeal(s) allowed

The State of Kerala sought recovery of arrears owed by an abkari contractor, Vasudevan, who defaulted on dues as of 1 April 1969. A demand notice was issued on 17 June 1969, after which the contractor transferred three acres of agricultural land to his wife on 30 June 1969. The Tehsildar issued a …

PAPAIAHversusSTATE OF KARNATAKA AND ORS.

1996 INSC 941Dismissed

The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) …

RAMESH DUTTversusSTATE OF PUNJAB

1996 INSC 913Appeal(s) allowed

The Supreme Court examined an appeal by Ramesh Dutt, whose 180 acres of land in Bhatinda had been acquired under the Land Acquisition Act, 1894. Dutt claimed compensation for the land and for loss of his poultry business. The trial court awarded market value compensation for the land and the High …

THE UNITED INDIA INSURANCE CO. LTD.versusM/S M.K.J. CORPORATION

1996 INSC 914Disposed off

The United India Insurance Company appealed against an order of the National Consumer Disputes Redressal Commission directing it to pay Rs.5,04,453.23 to M.K.J. Corporation for leather spoiled during an employees' strike, together with interest. The insurer contended that a clause (b) of Section 2 …

THE SPECIAL LAND ACQUISITION OFFICERversusVIRUPAX SHANKAR NADAGOUDA

1996 INSC 915Appeal(s) allowed

The Special Land Acquisition Officer awarded compensation for agricultural land and a separate sum for a well. On reference, the civil judge increased the compensation, and the Karnataka High Court affirmed it. The appellant challenged the use of a 15‑year multiplier in calculating compensation …

RAMLALversusUNION OF INDIA

1996 INSC 916Dismissed

Ram Lal was appointed on an ad‑hoc basis as a casual railway worker in 1962 and was illegally terminated in 1964. A civil court set aside the termination and reinstated him in 1971, granting regular status effective from September 1971 after he passed a medical examination. He claimed that he should …

THE STATE OF GUJARATversusGOPALBHAI BECHARBHAI ETC.

1996 INSC 917Appeal(s) allowed

The State of Gujarat obtained a land acquisition award on 26 June 1981 under Section 11 of the Land Acquisition Act, 1894, and a notice under Section 12(2) was issued on 18 September 1981. An application for reference to a civil court under Section 18 was filed only on 30 July 1985, more than three …

STATE OF U.P. AND ORS. ETC.versusSMT. MALTI KAUL AND ANR. ETC.

1996 INSC 920Appeal(s) allowed

The Supreme Court examined whether the Uttar Pradesh Urban Planning and Development Act, 1973 empowers a development authority to levy a development fee on applicants for plan sanction. The High Court had held that no such power existed, but the Supreme Court read Sections 14, 33, 41, 56 and related …

STATE OF ANDHRA PRADESHversusNAGOTIVENKATARAMANA

1996 INSC 909Appeal(s) allowed

The State of Andhra Pradesh prosecuted N. Venkatramana, a video shop owner, for possessing 90 video cassettes that lacked the statutory particulars required under Section 52-A of the Copyright Act, 1957. The trial court convicted him under Section 63, imposing six months' imprisonment and a fine of …

M/S. FAIR AIR ENGINEERS PVT. LTD. AND ANR.versusN.K. MODI

1996 INSC 910Appeal(s) allowed

M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under …

THE SPECIAL LAND ACQUISITION OFFICER, DHARWADversusSMT. TAJAR HANIFABI

1996 INSC 899Appeal(s) allowed

The Special Land Acquisition Officer acquired six acres of agricultural land near Chikodi municipality for industrial development under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation on an acreage basis, but the reference court and the Karnataka High …

UNION OF INDIA AND ORS.versusSHRI PARMANAND

1996 INSC 900Dismissed

The respondent, originally appointed as a Junior Engineer in the Central Public Works Department (CPWD) in 1977, was later selected as an Assistant Engineer by the U.P.S.C. in 1982 and appointed in 1987. The dispute concerned whether, after 18 years of service in CPWD, he should be absorbed in that …

SOHAN SINGHversusSARWAN SINGH AND ORS.

1996 INSC 901Dismissed

The petitioner and respondent entered into a sale agreement for land on June 14, 1986, with a total price of Rs.85,000 per killa, Rs.6,000 paid as earnest money and the balance of Rs.64,000 to be paid in cash at registration by July 15, 1987. At registration, the respondent presented a bank draft …

HIRABAIversusHANUMANTH KRISHNAJI BHIDE AND ORS.

1996 INSC 902Dismissed

The petitioner, Hirabai, challenged the sale of her 8 acres of agricultural land that had been attached and sold under execution of a money decree. She argued that the proclamation of sale under Order 21 Rule 66 of the CPC was invalid because it did not contain a valuation of the property and …

STATE OF PUNJABversusMANINDER SINGH

1996 INSC 903Dismissed

The State of Punjab filed a Special Leave Petition challenging the Punjab & Haryana High Court's order that quashed the FIR against Maninder Singh for alleged misappropriation of Rs. 1.61 crore of public funds. The Supreme Court directed the State to produce the charge‑sheet and statements of …

SRI M.A. RAJASEKHARversusTHE STATE OF KARNATAKA.AND ANR.

1996 INSC 893Appeal(s) allowed

The appellant, a Tehsildar, challenged an adverse remark in his 1988‑89 Annual Confidential Report that he "does not act dispassionately when faced with dilemma." The Supreme Court held that adverse remarks must be based on specific instances and the officer must be given an opportunity to respond. …

COMMISSIONER OF INCOME TAX, BOMBAYversusT.P. KUMARAN

1996 INSC 894Appeal(s) allowed

The respondent, an Income‑Tax Officer, was dismissed from service and filed a suit challenging his dismissal. The suit was decreed, resulting in his reinstatement, but the arrears of salary were not paid, prompting a writ petition in the High Court which ordered payment of all arrears. After the …

MAULVI ISSA QURESHIversusDISTRICT JUDGE, DEORIA AND ORS.

1996 INSC 895Appeal(s) allowed

Ram Nihore filed a suit on April 25, 1988, impleading Mansari as co‑plaintiff for a perpetual injunction restraining the appellant from possession and enjoyment of the schedule property. The suit was dismissed for default on May 27, 1988. The appellant objected that Ram Nihore had died on September …

STATE OF KARNATAKAversusG.M. HAYATH

1996 INSC 897Dismissed

The State of Karnataka initiated disciplinary proceedings against G.M. Hayath under Rule 6(1) of the Karnataka State Police Disciplinary Proceedings Rules, 1965, alleging that he had submitted a false income certificate at recruitment, claiming his father's income exceeded the Rs 1,000 per annum …

THE AMALAPURAM MUNICIPAL COUNCIL AND ANR.versusU. SIMHADRI

1996 INSC 870Dismissed

The Amalapuram Municipal Council sought to fill the post of Chairman by calling names from the employment exchange. Initially, under Government Memorandum No. 372 (Feb 18, 1992) the Chairman could select candidates without any counter‑verification. However, Government Order No. 413 (Mar 10, 1992) …

SH. BAU NATH GUPTAversusSTATE OF BIHAR AND ORS.

1996 INSC 871Disposed off

Sh. Bau Nath Gupta was appointed on a temporary basis as Assistant Master in the Government of Uttar Pradesh in December 1955 and served for about four years before being recruited by the Bihar Public Service Commission and joining the Bihar Government in January 1959, where he retired in December …

PARWATBAIversusSONABAI AND ORS.

1996 INSC 872Dismissed

The dispute concerned land originally owned by Punjaba. Upon his death, his widow Parwatabai obtained a limited estate in 1941 and executed a registered gift deed transferring enjoyment of the land to her husband, who thereafter possessed it. After Parwatabai’s death in 1966, her daughters claimed …

HARI OM VERMAversusSTATE OF PUNJAB AND ORS.

1996 INSC 865Dismissed

The appellant, a senior stenographer who was appointed as an Assistant on 29 April 1977, claimed seniority over two respondents who had been appointed as Assistants in September 1975 and had continuously served in that post. The dispute centered on the interpretation of Rule 3(1) and Rule 3(2) of …

LOURDU MARI DAVID AND ORS.versusLOUIS CHINNAYA AROGIASWAMY AND ORS.

1996 INSC 866Dismissed

Petitioners filed a suit for specific performance of a 1976 sale agreement for two doors, claiming they had paid part consideration and were ready to perform, while respondents 1 and 2 delayed execution. The trial court found breach by respondents but denied specific performance, holding that …

STATE OF AP. AND ORS.versusIND. NATALI GRANITE LTD.

1996 INSC 867Appeal(s) allowed

The State of Andhra Pradesh and others challenged the writ filed by Ind. Natali Granite Ltd., which questioned the State Government's competence to levy a cess on mining leases. The High Court initially held the amendment to the District Boards Act, 1955, which sought to levy the cess, ultra vires, …

STATE OF BIHARversusRATAN LAL SAHU AND ORS. ETC.

1996 INSC 851Appeal(s) allowed

The State of Bihar acquired 20.40 acres of land for the Getalsud Dam project under a 1972 notification. The Land Acquisition Officer awarded compensation of Rs 1,59,505 at Rs 2,266 per acre, while the reference court increased the rate to Rs 10,000 per acre and granted a separate sum for a tank and …

KALLATHIL SREEDHARAN AND ANR.versusKOMATH PANDYALA PRASANNA AND ANR.

1996 INSC 852Dismissed

In a partition suit, a cinema theatre was allotted to a woman and her minor son subject to payment of Rs.1,55,000 each. Unable to pay, the theatre was auctioned. The appellant advanced Rs.2,10,391 to the woman to set aside the sale, on the condition that she would sell the theatre to him for …

THE STATE OF GUJARAT AND ANR. ETC.versusDEVRAJBHAL CHHAGANBHAL AND ORS. ETC.

1996 INSC 853Appeal(s) allowed

The State of Gujarat appealed against a compensation agreement entered into under Section 11(2) of the Land Acquisition Act, 1894, which fixed compensation at Rs. 140 per guntha, an additional 20% for land development, a 15% solatium and interest at 4.5% as of the agreement date. The issue was …

M/S. AVIJIT TEA CO. PVT. LTD.versusM/S. TERAI TEA CO. AND ORS.

1996 INSC 854Case Partly allowed

The dispute arose from an agreement for the sale of green tea leaves in which Avijit Tea Co. advanced Rs. 20 lakh, later deposited with a court receiver. Avijit Tea filed a suit for specific performance, which was dismissed by a Division Bench of the Calcutta High Court, and the Bench ordered a …

THE STATE OF BIHARversusMADHESHWAR PRASAD

1996 INSC 855Case Partly allowed

The State of Bihar acquired 3.17 acres of agricultural land for the Suvarnarekha Project under a 1981 notification, and the Land Acquisition Officer initially awarded compensation of Rs. 14,445 per acre, later enhanced to Rs. 15,055 per acre by a Subordinate Judge. Both the State and the claimants …

AIRCRAFT EMPLOYEES' HOUSING CO-OPERATIVE SOCIETYversusTHE SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ, GOVT. OF KARNATAKA, BANGALORE AND ORS.

1996 INSC 857Appeal(s) allowed

The Aircraft Employees' Housing Co‑operative Society sought acquisition of land under the Land Acquisition Act, 1894. A notification under s.4(1) was published on 24‑Nov‑1981 and objections under s.5‑A were filed, but the respondents failed to appear for the hearing on 30‑Nov‑1981. The Government …

THE STATE OF M.P. ETC.versusHARISHANKAR GOEL AND ANR. ETC.

1996 INSC 838Appeal(s) allowed

The State of Madhya Pradesh acquired 33 bighas 15 biswas of agricultural land in 1964 for industrial purposes. The Collector initially awarded Rs 3,150 per bigha, which was later enhanced by the Additional District Judge to Rs 1 per square foot with statutory benefits. The High Court judges varied …

UPENDRA NARAIN SINGH (DEAD) BY LRS.versusTHE STATE OF BIHAR

1996 INSC 839Dismissed

The appellant claimed a patta (title deed) for land in Muzaffarpur that he said was granted by the Zamindar on 11 August 1950. The Collector, exercising powers under Section 4(h) of the Bihar Land Reforms Act, 1950, investigated and concluded that the patta was a fraudulent transfer intended to …

GANAPATHI NATIONAL MIDDLE SCHOOLversusM. DURAI KANNAN (DEAD) BY LRS. AND ORS.

1996 INSC 840Appeal(s) allowed

The Ganapathi National Middle School, an aided institution established in 1929 and occupying rented premises, faced eviction by its landlord. The school sought acquisition of the land by the State, leading to a notification under Section 4(1) of the Land Acquisition Act, 1894, which was later …

BALDEV SINGH AND ORS.versusSTATE OF PUNJAB THROUGH COLLECTOR

1996 INSC 841Dismissed

The Supreme Court examined an appeal by Baldev Singh and others challenging the Punjab & Haryana High Court’s reduction of compensation for land acquired under the Land Acquisition Act, 1894. The Collector had fixed Rs 16,000 per acre, the Additional District Judge raised it to Rs 30,000 per acre, …

STATE OF KERALA AND ORS.versusM.N. SANKARA NARAYANAN AND ORS.

1996 INSC 842Disposed off

The State of Kerala challenged a notification issued under the Kerala Preservation of Trees Act, 1986 that prohibited felling of all trees on a 60‑acre parcel which the Supreme Court had earlier declared not to be a private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. …

CHINTAMAN AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 843Appeal(s) allowed

The appellants challenged the award of compensation for land acquired by the State of Maharashtra for a spinning mill near Nagpur. The Land Acquisition Officer had fixed compensation at Rs 5,000, Rs 3,000 and Rs 2,000 per acre for three categories of land. The reference court enhanced the …

DURGA DASversusTHE COLLECTOR AND ORS.

1996 INSC 844Dismissed

Durga Das purchased a share of land from Kewal Krishan, a member of a family that owned 14 cannals 18 marlas of land. The government acquired part of this land under the Land Acquisition Act, 1894, and the appellant claimed compensation as a tenant in occupation, relying on a mutation entry that …

KARAN SINGH AND ORS.versusUNION OF INDIA

1996 INSC 846Dismissed

The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its …

JHANDOO (DEAD) BY LRS. AND ORS.versusUNION OF INDIA

1996 INSC 847Dismissed

The appellant’s land, measuring one bigha and 14 biswas, was acquired under a 1957 notification of the Land Acquisition Act, 1894. The reference court awarded compensation at Rs 10 per square yard, relying on the decision in A.N. Bhandari v. Union of India, which the High Court affirmed. The …

THE NEW DATAR TRANSPORT CO. (PVT.) LTD.versusSMT. RADHABAI AND ORS.

1996 INSC 848Dismissed

The case concerned a collision between a jeep driven by Shantaram Patki and a passenger bus, resulting in the death of R.J. Kulkarni. The trial court dismissed the claim for damages, deeming the accident inevitable, but the Bombay High Court reversed this, finding the bus driver negligent and …

THE NAIHATI MUNICIPALITY AND ORS.versusCHINMOYEE MUKHERJEE AND ORS.

1996 INSC 832Appeal(s) allowed

The Naihati Municipality resolved to rehabilitate hawkers by acquiring land, but lacked funds, so the hawkers' union contributed Rs 3,90,000 which was deposited with the municipal commissioner and became part of the municipality’s funds. The Government issued a notification under Section 4(1) of the …

AJAY KRISHAN SHINGHAL ETC. ETC.versusUNION OF INDIA AND ORS.

1996 INSC 833Dismissed

The petitioners challenged the acquisition of 3,470 acres in Naraina village for the "planned development of Delhi" on the grounds that the land was not required for a public purpose and that the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 had not been properly …

INDORE DEVELOPMENT AUTHORITYversusSMT. SATYABHAMA BA! AND ORS. ETC.

1996 INSC 819Appeal(s) allowed

The Indore Development Authority acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs. 44,000 per hectare. The claimants later obtained enhanced compensation from the civil court and the High Court, the latter relying on certified copies of sale deeds marked under …

MOHAMMAD KHA,LILversusKAMARUDDIN

1996 INSC 821Appeal(s) allowed

The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the …

INDORE DEVELOPMENT AUTHORITYversusSHRI BALAKRISHNA AND ORS.

1996 INSC 822Appeal(s) allowed

The Indore Development Authority sought to acquire 4.85 acres of land under Town Improvement Scheme No. 54 framed under the Madhya Pradesh Town Improvement Trust Act, 1960. The Government sanctioned the scheme and a notification under Section 71(2) of the Act was published on 22 August 1973, which, …

SRI CHOWDEGOWDA @ DORJI (DEAD) BY LRS. AND ORS.versusC. NEGARAJU AND ORS.

1996 INSC 823Appeal(s) allowed

The appellant, Sri Chowdegowda, claimed to be the legitimate son of the deceased, Machine Chowdegowda, and sought his share in a partition of ten acres of wet land, five point three acres of dry land and thirty gunthas of house site. The dispute centered on whether a customary Kuduvali marriage that …

BHARAT COKING COAL LTD. AND ORS.versusBABULAL AND ANR. ETC.

1996 INSC 824Disposed off

The case arose from a fatal roof collapse in the South Govindpur Colliery on 30 June 1989, which killed five miners and injured two. The senior mining engineer, Babular, and the manager, Maheshwari Sharma, were alleged to have been absent and to have failed to take safety precautions, leading a …

RAMESHWAR DUBEY AND ORS.versusMASOMAT ASHA KAUR AND ORS.

1996 INSC 825Dismissed

Rameshwar Dubey and others filed a suit on 15 February 1973 under Section 31 of the Specific Relief Act seeking declaration that two sale deeds (dated 12 July 1966 and 14 December 1970) were void because fraud had been perpetrated on the plaintiff. The trial court and the Patna High Court held that …

SARVINDER SINGHversusDALIP SINGH AND ORS.

1996 INSC 817Appeal(s) allowed

Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of …

CENTRAL WELFARE BOARD AND ORS.versusMS. ANJALI BEPARI AND ORS.

1996 INSC 818Case Partly allowed

Ms. Anjali Bepari was appointed as a Gram Sevika under the Central Social Welfare Board Scheme against a casual vacancy on 11 February 1992 and sought regularisation of her services. The Single Judge of the Calcutta High Court rejected her claim, holding the appointment was not in accordance with …

RATIAN KUMAR TANDON AND ORS.versusSTATE OF UTIAR PRADESH

1996 INSC 816Dismissed

The appellants, R.K. Tandon and others, held lease‑hold rights over 22,528 sq. yd of land in Allahabad that was acquired by the State under the Land Acquisition Act, 1894. The Land Acquisition Officer awarded compensation of Rs 4,57,750.88; the reference court fixed Rs 500 per sq. yd for land, Rs …

DANDA RAJESHWARIversusBODAVULA HANUMAYAMMA AND ORS.

1996 INSC 802Dismissed

The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh …

VIJAY PRATAP AND ORSversusSAMBHU SARAN SINHA AND ORS.

1996 INSC 803Dismissed

The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. …

PIRTHI @ SANS! ETC.versusJATI RAM AND ORS. ETC.

1996 INSC 804Dismissed

Petitioner Pirthi@ Sansi entered into an agreement on 6 May 1988 to sell agricultural land to Respondent No.1 and received part payment. Respondent No.1 filed a suit for specific performance in 1993, which the trial court decreed in his favour. On appeal, the Additional District Judge set aside the …

M.S.R. PRASADversusBOMMISETTI SUBBA RAO AND ORS.

1996 INSC 805Dismissed

The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, …

SMT. BHATORIversusSMT. RAM PIARI

1996 INSC 806Appeal(s) allowed

The appellant, Sm. Bhatori, executed a general power of attorney in favour of respondent‑2, granting him authority to manage her agricultural land, including alienation. Respondent‑2 used this authority to file a suit against the appellant and subsequently executed sale deeds transferring the same …

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

1996 INSC 797Disposed off

The Supreme Court dealt with the inter‑se seniority of ad‑hoc doctors in the Uttar Pradesh Provincial Medical and Health Service after the State Government attempted to regularise them under the U.P. Regulation of Ad‑hoc Appointees Rules, 1979. The Court examined whether doctors who were not …

STATE OF MADHYA PRADESHversusR.P. SHARMA

1996 INSC 798Appeal(s) allowed

The respondent, a Chief Engineer, had his date of birth in service records corrected from 30‑Nov‑1936 to 28‑Jun‑1938, prompting a complaint to the Lokayukta who, after a trial‑like inquiry, concluded the correct date was 30‑Nov‑1936 and recommended his retirement and recovery of salary. The State …

JOG RAMversusSTATE OF HARYANA AND ORS .

1996 INSC 786Dismissed

Jog Ram, the appellant, possessed 30 bighas 13 biswas of land that had been evacuee property taken over by the State of Haryana for distribution. In 1967 the land was auctioned and Fateh Singh (respondent No.5) was the highest bidder; the sale was confirmed. In 1968 Jog Ram applied for confirmation …

MIS. MALWA OIL MILLS AND ANR.versusSTATE OF M.P. AND ORS.

1996 INSC 787Dismissed

The appellants, Malwa Oil Mills, purchased plots 4 and 5 from the erstwhile owners after taking possession of land that had been notified under Section 71 of the Madhya Pradesh Town Improvement Trust Act, 1960 for a housing scheme, and later sought to retain a sign‑board placed on the property. The …

STATE OF PUNJAB AND ORS.versusSADHU RAM

1996 INSC 788Appeal(s) allowed

The Supreme Court examined a dispute arising from land acquired by the Government of Punjab under the Land Acquisition Act, 1894, where the award and compensation were paid to the original owners. After the bridge was completed, the respondent, Sadhu Ram, entered possession as a yearly lessee in …

RAM SINGHversusSTATE OF UTTAR PRADESH AND ORS.

1996 INSC 789Dismissed

The appellant, Ram Singh, had cut down trees that existed on his land as of 24 January 1971 and replanted new trees. The issue before the Supreme Court was whether the newly planted trees could be classified as "grove land" under Section 23(8) of the Uttar Pradesh Imposition of Ceiling on Land …

SMT. DAROTHI CLARE PARREIRA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 790Dismissed

The appellants, former owners of surplus urban land in Pune, were deemed to possess excess land under the Urban Land (Ceiling and Regulation) Act, 1976. After objections were rejected, a notification under Section 10(3) was published vesting the surplus land in the State, before the appellants' …

UJAGAR SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 792Appeal(s) allowed

The Collector, under the PEPSU Tenancy and Agricultural Lands Act, 1955, determined that Inder Singh held 18.82 standard acres of surplus land and ordered its surrender in July 1961, after which the land was taken over by the State and redistributed to landless persons. Subsequent consolidation …

RAJ MANIversusTHE COLLECTOR, RAIPUR

1996 INSC 793

The appellant's land was acquired and a compensation award of Rs.1,000 per acre was made. He applied for a reference under Section 18 of the Land Acquisition Act, 1894, but the court’s notice was not properly served; the notice was allegedly served on a deceased father. The reference court dismissed …

THE STATE OF WEST BENGALversusLOHIT KUMAR ROY

1996 INSC 779Appeal(s) allowed

The State of West Bengal acquired 985.95 acres of land in Durgapur for industrial purposes under the Land Acquisition Act, 1894, with an initial notification in 1956 that later lapsed and a second notification in 1964. The Land Acquisition Officer fixed compensation at Rs. 2,310 per acre, but the …

SHRI PREM BALLABH BELWALversusSTATE OF U.P. AND ORS.

1996 INSC 778Dismissed

The appellant, Prem Ballabh Belwal, was a tenure‑holder of 182 acres of bhumiswami land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. His wife, Basanti Devi, held 24 acres as an Asami (occupancy) right. The question before the Supreme Court was whether the wife's land, held only …

KASHI VIDYAPITHversusMOTILAL AND ORS.

1996 INSC 781Appeal(s) allowed

The case concerned Kashi Vidyapith, a deemed university under the U.P. State Universities Act, which sought acquisition of land for its campus, staff quarters, hostels and playground. The High Court had set aside the declaration under Section 6 of the Land Acquisition Act, holding that the …

JAS INTER COLLEGE KHURJA, U.P. AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 707Disposed off

The Supreme Court heard a writ petition under Article 32 challenging the appointment of teachers at J.A.S. Inter College, Khurja. The Court had earlier directed the State to appoint 18 teachers as required by the petition. The U.P. Secondary Education Service Commission selected eight teachers, one …

NATWARBHAI MAGAINBHAI PATELversusCOLLECTOR AND ORS.

1996 INSC 664Dismissed

Natwarbhai Magajnbhai Patel filed a Special Leave Petition challenging a Gujarat High Court order that vested excess vacant land, surrendered under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976, in the State. The petitioner argued that compensation should be paid before the …

NARINDRA KUMAR JAINversusTHE STATE OF MADHYA PRADESH

1996 INSC 679Dismissed

The appellant, Narindra Kumar Jain, served as manager of Kisan Rice Mills and was responsible for large stocks of paddy. During his tenure, 1,500 quintals of paddy were found missing, leading to charges under Sections 409 and 420 of the Indian Penal Code. The trial court acquitted him, but the …

STATE OF ORISSA AND ORS.versusSLBARAM BARAL (SIMARAM BARAI)

1996 INSC 680Appeal(s) allowed

The State of Orissa filed a suit for Rs.1,46,820 against S. Baram Baral, which was decreed ex parte. The appellant sought relief under Order 9 Rule 13 of the Code of Civil Procedure, 1908, and the trial court set aside the ex parte decree subject to a payment of Rs.50. On revision, the Orissa High …

K.V. KRISHNAMANIversusLALIT ACADEMY

1996 INSC 681Dismissed

The appellant was initially appointed on an ad‑hoc basis and later placed on probation with a view to regularise his services. During the probation period his performance was deemed unsatisfactory and his services were terminated on 1 December 1989. He challenged the termination by filing a writ …

M/S ATIABIRA REGULATED MARKET COMMITIEEversusM/S GANESH RICE MILLS

1996 INSC 682Dismissed

The appellant, Mis Attiabira Regulated Market Committee, appealed against Mis Ganesh Rice Mills challenging the High Court's decision that the villages of Saharatikira and Bheden were outside the notified market area under the Orissa Agricultural Produce Market Act, 1956. The central issue was …

M/S. SHIV SHAKTI GOLD FINGERversusASSTI. COMMISSIONER, COMMERCIAL TAXES, JAIPUR

1996 INSC 683Appeal(s) allowed

Shiv Shakti Gold Finger applied for exemption from Rajasthan sales tax on its Gole Papad, a circular snack made of maida, salt, starch, papad soda, alum and food colour, invoking a 1970 notification that exempted "Papad and Badi (Mangori)". The Assistant Commissioner rejected the claim, holding that …

UNION OF INDIA AND ORS.versusMIS. SHARMA COAL CO.

1996 INSC 684Disposed off

The Union of India (Railways) appealed a Guwahati High Court order that directed the Railways to allocate unutilised wagons to non‑priority articles after the exhaustion of all priority categories under its Preferential Traffic Scheme (PTS). The original PTS classified sponsored coal in Category C …

DAULATRAMversusSAROOP RAM AND ANR.

1996 INSC 685Dismissed

Daulat Ram filed a suit seeking declaration and possession of land, alleging that a private partition had allotted the property to him and that he had singly redeemed the mortgage, thereby becoming a mortgagee by subrogation. The trial court and the Punjab & Haryana High Court held that the mortgage …

RAMCHANDRA DAYARAM GAWANDEversusUNION OF INDIA AND ORS.

1996 INSC 686Dismissed

The appellant, a State Police Service officer promoted to Superintendent in 1976, was placed on the select list in 1977 and given seniority from April 30, 1978. He claimed a year of allotment of 1972 under the seniority rules, which the Central Administrative Tribunal rejected. The Supreme Court …

SUKHBIR SINGH AND ORS.versusBRIJ PAL SINGH AND ORS.

1996 INSC 687Dismissed

The first petitioner purchased land from the respondent under a 1975 sale deed that included a reconveyance agreement. The respondent sued for specific performance, alleging the petitioner refused to execute the sale deed despite the respondent’s readiness and attendance at the Sub‑Registrar’s …

STATE OF U.P. AND ORS.versusSMT. KAMLA DEVI AND ANR.

1996 INSC 651Appeal(s) allowed

Kamla Devi was appointed on an ad‑hoc basis under the U.P. Temporary Government Services Rules, 1975 and was repeatedly absent from duty. The State terminated her service on 23 September 1980 under Rule 14(a), which allows termination with one month’s notice or pay in lieu. She sought reinstatement …

SCINDIA EMPLOYEES UNIONversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 652Dismissed

The SCINDIA Employees Union challenged the acquisition of land on which its workshop stood, arguing that the acquisition for the expansion of a dockyard for defence purposes was not a public purpose and that the Union was a "person interested" under Section 3(d) of the Land Acquisition Act, 1894, …

DEVI LAL AND ANR.versusMOHAN PRASAD AND ANR.

1996 INSC 653Dismissed

The petitioners sought to have a six‑month contempt sentence imposed by this Court recalled on the ground that their counsel had not informed them of the order and that they had not received dasti notice of the contempt proceedings. The Court noted that it is normal practice for counsel appearing …

P.T.R EXPORTS (MADRAS) PVT. LTD. AND ORS.versusTHE UNION OF INDIA AND ORS.

1996 INSC 656Dismissed

The petitioners, exporters of readymade garments, challenged the Government’s amendment to the export policy effective 1 January 1996, which abolished the Manufacturer Export Entitlement (MEE) and Non‑quota Exporter (NQE) quotas and introduced a system based on Past Performance Entitlement (PPE) and …

CH. RAMA RAOversusTHE LOKAYUKTA AND ORS.

1996 INSC 657Dismissed

The petitioners challenged interim orders issued by the Andhra Pradesh Lokayukta that suspended and transferred them without prior notice or hearing, alleging violation of natural justice and the unconstitutionality of Sections 3, 4, 7 and 12 of the AP Lokayukta & U.P. Lokayukta Act, 1983. The …

STATE OF ORISSA AND ORS.versusRAM CHANDRA DAS

1996 INSC 643Appeal(s) allowed

Ram Chandra Das, an Assistant Conservator of Forests, was compulsorily retired under Rule 71(a) of the Orissa Service Code. He challenged the retirement before the Orissa Administrative Tribunal, which set aside the retirement on three grounds: that he had crossed the efficiency bar, that his …

B.R. VEERABASAVARADHYAversusTHE DEVOTEES OF LINGADGUDI MUTT AND ORS.

1996 INSC 644Dismissed

In OS No. 22/62, the appellant (defendant 1) entered into a compromise under Order 23 Rule 3 of the CPC, and a decree was passed based on that compromise, granting him continued occupation as manager, possession of shops, and refunds. The suit was later remanded to consider defendants 2‑4, and after …

STATE OF U.P. AND ANR.versusROADWAYS MINISTERIAL STAFF ASSOCIATION U.P. AND ANR.

1996 INSC 645Appeal(s) allowed

The Supreme Court examined the validity of Rule 8(ii) of the Uttar Pradesh State Roadways Organisation (Abolition of Posts & Absorption of Employees) Rules, 1982, which dealt with pension and gratuity liabilities when government employees on deputation were deemed absorbed by the Uttar Pradesh State …

BISWA RAN.JAN SAHOO AND ORS.versusSUSHANTA KUMAR DLNDA AND ORS.

1996 INSC 646Dismissed

The case concerned the selection of six Chargemen ‘B’ Grade posts in the Mechanical and Electrical Division of Indian Railways under advertisement No. 6/92. The petitioners alleged massive irregularities, including alteration of answer‑book marks and interview scores, leading to wrongful …

PUSHPAGIRI MATHversusKOPPARAJU VEERABHADRA RAO

1996 INSC 627Appeal(s) allowed

The plaintiff, Pushpagiri Math, claimed ownership of a parcel of land that had been granted as a Bhatavarthi inam to the great‑grandfather of the respondent, Kopparaju Veerabhadra Rao, for services rendered. The respondent asserted title by prescription after the Inam Abolition and Conversion into …

BRITISH INDIAN CORPORATION LTD.versusMIS RASHTRACO FREIGHT CARRIERS

1996 INSC 628Appeal(s) allowed

British Indian Corporation Ltd entrusted 147 bales of raw wool to Rashtaco Freight Carriers for transport. The carrier detained the goods and sued the owner for an injunction, claiming arrears of Rs 13,48,817.13 in transport charges. The owner filed a separate suit for recovery of the detained …

CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.

1996 INSC 629

The Central Bank of India sought clarification on the meaning of the expression "the principal sum adjudged" in Section 34 of the Code of Civil Procedure, 1908, particularly whether it includes interest that has merged with the principal. The Attorney General, appearing for the bank, relied on …

THE STATE OF WEST BENGAL AND ORS.versusSRI KARTICK CHANDRA DAS AND ORS.

1996 INSC 624Appeal(s) allowed

The State of West Bengal and others directed the appellant to grant registration and subsidy under the West Bengal Cinemas Development Scheme, a direction issued by a single High Court judge under Article 226. While the appeal against that direction was pending, contempt proceedings were initiated …

SUKHDEOversusTHE.COMMISSIONER AMRAVATI DIVISION, AMRAVATI AND ANR.

1996 INSC 616Appeal(s) allowed

Sukhdeo, a Class III government employee with 30 years of service but under 55 years of age, was compulsorily retired on 23 March 1990 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, based on adverse remarks in his confidential reports for 1987‑88 and 1988‑89. The …

STATE OF KARNATAKA & ORS.versusN. MADAPPA AND ORS. ETC.

1996 INSC 617Dismissed

The State of Karnataka, by the Karnataka Motor Vehicles Taxation (Amendment) Act 1989, inserted sub‑section (4) in Section 3 of the Karnataka Motor Vehicles Taxation Act, 1957, imposing a special additional tax on each occasion a motor vehicle carries passengers in excess of its permitted capacity. …

STATE OF HARYANAversusSMT. KAMLA AND ORS.

1996 INSC 588Appeal(s) allowed

The State of Haryana issued a notification under the Land Acquisition Act, 1894 and the Collector awarded compensation for acquired land. The respondents applied under Section 18 and a District Judge awarded compensation, after which the State executed the decree. The executing District Judge later …

THE MANAGING DIRECTOR 0.I.I.D.C., BHUBANESWARversusSARAT CHANDRA PATNAIK AND ANR.

1996 INSC 589Appeal(s) allowed

The Orissa Industrial Infrastructure Development Corporation (OIDC) offered a plot to Sarat Chandra Patnaik on a 90‑year lease; the respondent later sought a reduction in the lease consideration. The Orissa High Court directed that the matter be placed before the State Government for a final …

HIS HOLINESS ACHARYA SWAMI GANESH DASSJIversusSH. SITA RAM THAPAR

1996 INSC 590Dismissed

Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the …

C.V. RAJA RAO AND ANR.versusMIRZA BASHEER BAIG AND ORS

1996 INSC 591Dismissed

The petitioners claimed ownership of 4,922 square yards of land (Survey No. 202) in Lallaguda, Secunderabad and obtained injunction orders under sections 145 and 146 of the Code of Criminal Procedure. They alleged that the police were not providing assistance despite the injunctions. The Andhra …

MIS VEECUMSEES, MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS

1996 INSC 586Appeal(s) allowed

Veecumsees, a jeweller, also operated a cinema theatre (Safire Theatre) for which it obtained loans in 1961. The theatre was built in 1962 and ran until it was sold as a going concern on 31 July 1965. The Income Tax Officer disallowed interest on those loans as a deduction under Sec. 36(1)(iii) of …

J. ASHOH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 573Dismissed

J. Ashok Kumar appealed against the Andhra Pradesh Administrative Tribunal’s dismissal of his claim that he was entitled to a 5% weightage in marks as an NCC-qualified candidate under the amended Rule 4 of the Andhra Pradesh Excise Service Rules (G.O. Ms. No. 1136, 13‑September‑1986). The petitioner …

HUKAM CHAND AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.

1996 INSC 471Dismissed

The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not …

SUSHILA DEVI ETC.versusSTATE OF HARYANA AND ANR.

1996 INSC 473Disposed off

The case concerned the appointment of 230 supervisor posts in Haryana, of which a portion were reserved for Scheduled Castes, Backward Classes, and Ex‑Servicemen. After the Subordinate Services Selection Board finalized the reservation, 136 general‑category candidates obtained stay orders and were …

ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR.versusSTATE OF U.P. AND ORS.

1996 INSC 475Dismissed

The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. …

NAMBURI BASAVA SUBRAHMANYAMversusALAPATI HYMAVATHI AND ORS.

1996 INSC 476Appeal(s) allowed

The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of …

T. VENKATA NARAYANA AND ORS,versusSMT. VENKATA SUBBAMMA (DEAD) AND ORS.

1996 INSC 461Appeal(s) allowed

In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in …

D. S. THIMMAPPAversusSIDDARAMAKKA

1996 INSC 462Dismissed

Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered …

MOHSIN UNISSAversusTAMIL NADU PUBLIC SERVICE COMMISSION

1996 INSC 463Appeal(s) allowed

The appellant, a temporary employee of the Tamil Nadu Public Service Commission in 1975‑76, was later regularised as a Junior Assistant in the Finance Department in August 1990, subject to passing a Tamil language test. She had passed the test in 1977 while serving temporarily, but was required to …

M.P. CHANDORIAversusSTATE OF M.P. AND ORS.

1996 INSC 464Dismissed

The appellant, a direct recruit Deputy Collector in Madhya Pradesh, joined service on 15‑02‑1967 and was placed on probation. He passed the prescribed departmental test on 27‑06‑1972 and was confirmed on 13‑03‑1973. He claimed that his seniority should be backdated to his date of joining, but the …

SATYA NARAIN PAREEKversusSTATE OF RAJASTHAN AND ANR.

1996 INSC 465Dismissed

The appellant, a permanent Lower Division Clerk in the Technical Education Department of Rajasthan, was deputed to a tenure post in the Transport Department and later repatriated to his parent department. He challenged the repatriation, alleging that his lien in the parent department had been …

UNION OF LNDIA AND ORS.versusDHARMA PAL AND ORS. ETC.

1996 INSC 466Disposed off

The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City …

PREETAMversusSTATE OF MADHYA PRADESH

1996 INSC 453Appeal(s) allowed

Preetam and his brother Ishwar Lal were tried for the murder of Chhita. The trial court acquitted both, but the State appealed. The High Court set aside Preetam’s acquittal, relying on a confession recorded by a magistrate and on property recoveries allegedly made pursuant to that confession, while …

DILWAN SINGH AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS ETC. ETC.

1996 INSC 436Appeal(s) allowed

The Supreme Court examined an appeal by ex‑servicemen challenging the State of Haryana's recruitment policy that required the selection board to consider ex‑servicemen and their dependent children together for posts reserved for ex‑servicemen. The appellants argued that the policy undermined the …

MAJOR RADHA KRISHANversusUNION OF INDIA AND ORS.

1996 INSC 437Appeal(s) allowed

The appellant, a Major in the Indian Army, was served a notice under Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954, proposing termination of his service for misconduct alleged to have occurred about seven years earlier. The notice claimed that a court‑martial trial was …

BALBIR SINGH NEG!versusUNION OF INDIA & ORS.

1996 INSC 439Dismissed

Balbir Singh Neg, after completing 33 years of service, filed an application for voluntary retirement under Rule 48‑A of the Civil Services (Pension) Rules, 1972, which was accepted to take effect on 30 June 1991. He later sought to withdraw the application before it became effective, but the …

PILLA SITARAM PATRUDU AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 440Dismissed

The case concerned K.R. Ramanandan, a direct recruit selected in 1977 as Assistant Executive Engineer but appointed only in 1981 due to administrative delays. After passing his test, he was not considered for promotion to Executive Engineer, prompting an appeal before the Central Administrative …

UNION OF INDIA AND ANR. ETC.versusLAXMAN GAJANAN DESAI AND ANR. ETC.

1996 INSC 441Disposed off

The Union of India appealed against the renewal of a salt‑pan licence granted to the respondents, Laxman Gajanan Desai and others, on the ground that title to the land was still in dispute. The Bombay High Court had directed that the licence could be renewed without the respondents conceding title, …

STATE OF KARNATAKA AND ORSversusKRISHNOJI REO AND ANR.

1996 INSC 442Appeal(s) allowed

The State of Karnataka appealed a High Court order that had directed the grant of 201 acres 34 guntas of waste land to the respondents, Krishnoji Reo and Anr., for grazing and afforestation under the Bombay Paragana and Kulkarni Watan (Abolition) Act, 1950. The land had earlier been allotted by the …

JAGBIR SINGHversusSTATE OF HARYANA AND ORS .

1996 INSC 443Appeal(s) allowed

The appellant, recruited as a Constable in the Haryana Police under the sports quota, was promoted to Head Constable in 1984 and confirmed in 1987. He later received a show‑cause notice for de‑confirmation and was promoted on an ad‑hoc basis to Assistant Sub‑Inspector in 1990. While undergoing …

TARLOK SINGHversusVIJAY KUMAR SABHARWAL

1996 INSC 444Appeal(s) allowed

The appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, …

BHARMAPPA NEMANNA KAWALE AND ANR.versusDHODI BHIMA PATIL AND ORS.

1996 INSC 446Appeal(s) allowed

The civil court had decreed an eviction suit against the appellant, holding that he was not a tenant, and the decree became final. During execution, the appellant raised a fresh objection that there was no jural relationship because he claimed to be a tenant. The Bombay High Court, in Writ Petition …

THE STATE OF BIHAR AND ORS. ETC.versusSAMSUZ ZOHA ETC.

1996 INSC 427Appeal(s) allowed

The Supreme Court examined the Bihar Government's policy of appointing dependents of deceased employees on compassionate grounds to Class IV posts, while reserving Class III posts for promotion. Several candidates appointed to Class IV filed writ petitions seeking promotion or fresh appointment to …

K. JAYADEVAN NAIRversusKRISHNA PILLAI (DEAD) AND ORS.

1996 INSC 428Appeal(s) allowed

In this appeal, the appellant, a member of a Hindu undivided family, claimed that he was in possession of the entire family property based on a family arrangement dating from 1977. The respondents contended that the property was self‑acquired by their father and therefore not subject to partition, …

THE FINANCIAL COMMISSIONER (TAXATION) PUNJAB AND ORS.versusHARBHAJAN SINGH

1996 INSC 429Appeal(s) allowed

The respondent, a displaced person, obtained a land assignment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, through fraud and collusion with revenue officials. The Settlement Officer initially granted the assignment, later set it aside upon discovering the fraud. The …

BASHIR AHMAD AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 430Dismissed

The appellants, originally employed as cleaners and later promoted to drivers in the Punjab Poultry Department, were retrenched as surplus. When the government announced direct recruitment for drivers, they applied but were rejected for lacking the prescribed qualifications of a light‑vehicle …

STATE OF PUNJAB AND ORS.versusSURJIT SINGH CONDUCTOR

1996 INSC 431Appeal(s) allowed

The State of Punjab and others instituted disciplinary proceedings against Surjit Singh, a railway conductor, for failing to issue tickets. A charge‑sheet was filed, and although the Enquiry Officer found misconduct, the disciplinary authority disagreed with the report, held the charges proved and …

SMT. GOWRAMMA ETC.versusLAO-CUM-MANDAL REVENUE OFFICER PARTI RANGAREDDY DISTRICT

1996 INSC 433Case Partly allowed

The Supreme Court examined compensation for land acquired under the Land Acquisition Act, 1894 where possession was taken in 1986 and an award was made in 1990. The High Court had relied on a prior judgment (Ex A‑2) to fix compensation at Rs 22 per square yard after adjusting for time lag, …

DR. G.N. KHAJURIA AND ORS.versusD.D.A. AND ORS.

1996 INSC 403IA disposed

The petitioners, Dr. G.N. Khajuria and others, challenged the continued occupation of a school built on land originally earmarked for a park by the Delhi Development Authority (DDA). The Supreme Court had directed the dismantling and vacation of the school, but the DDA sought to delay compliance. …

TELECOM DISTRICT MANAGER, GOA AND ORS.versusV.S. DEMPO & CO. AND ORS.

1996 INSC 404Dismissed

The case concerned two telephone billing disputes (Rs. 99,196 and Rs. 71,280) between the telecom authority and V.S. Dempo & Co. The Union of India argued that, under its administrative instructions, a subscriber must first obtain a court direction before the dispute can be referred to an arbitrator …

STATE OF ORISSAversusDIVISIONAL MANAGER, LIC AND ANR.

1996 INSC 405Appeal(s) allowed

Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the …

DIRECTOR GENERAL OF POLICE AND ORS.versusMRITYUNJOY SARKAR AND ORS.

1996 INSC 406Appeal(s) allowed

The respondents were appointed as constables in the State Armed Police in April 1985 based on a list supplied by the Katwa Employment Exchange. The Labour Commissioner later declared that the list was fabricated and directed the authorities to take action, leading to the respondents' discharge …

NEW BANK OF INDIA EMPLOYEES UNION AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 376Dismissed

The New Bank of India, a loss‑making nationalised bank, was merged with Punjab National Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. The Central Government, in consultation with the Reserve Bank of India, framed a Placement Scheme to determine the inter‑se …

M/S. AVTAR SINGH & CO. PVT. LTD.versusM/S. S.S. ENTERPRISES AND ORS.

1996 INSC 354Disposed off

The parties were involved in two distribution agreements for the film 'Aag Ka Dariya', one dated 28 February 1985 with R. Venkatraman and a later one dated 7 October 1993 with M/s. Avtar Singh & Co. Pvt. Ltd. Three suits arose: a Bombay suit by Venkatraman seeking cancellation of the 1985 agreement, …

UNION OF INDIA AND ORS.versusJASWANT RAI KOCHHAR AND ORS.

1996 INSC 355Appeal(s) allowed

The Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a housing scheme. The government later intended to use the land for a District Centre, a commercial purpose, and the High Court quashed the notification on the ground that the change of …

DURGA PRASADversusNAVEEN CHANDRA AND ORS.

1996 INSC 356Dismissed

The respondent filed a suit for specific performance which culminated in a decree on 14 January 1994. Respondent No.2 and others filed applications under Order 9 Rule 13 CPC to set aside the decree, while the appellant moved a preliminary objection challenging the maintainability of those …

THE STATE OF MAHARASHTRA AND ANR.versusSHRI PRABHAKAR BHIKAJI INGLE

1996 INSC 357Appeal(s) allowed

The respondent, a police officer, was removed from service by the Commissioner of Police under Article 311(2)(b) of the Constitution and challenged the removal before the Maharashtra Administrative Tribunal (MAT), which confirmed the removal on March 6, 1995. He filed a Special Leave Petition (SLP) …

B. SHANKARANANDversusCOMMON CAUSE AND ORS.

1996 INSC 358Disposed off

The Supreme Court examined the interpretation of Section 4(e) of the All India Institute of Medical Sciences Act, 1956, concerning the composition of the institute's supreme body. The question was whether the five persons to be nominated by the Central Government must all be scientists, or whether …

STATE OF U.P. AND ORS.versusNAND KISHORE SHUKLA AND ANR.

1996 INSC 359Appeal(s) allowed

Nano Kishore Shukla, a clerk in the Uttar Pradesh government, was removed from service after a disciplinary enquiry found five charges of selling and purchasing property without prior authority proved. The respondent did not cooperate with the enquiry, refusing to cross‑examine witnesses on several …

STATE OF KERALAversusK. MOIDEENKUTTY AND ORS.

1996 INSC 360Appeal(s) allowed

The State of Kerala appealed against the order of the Taluk Land Board, Kozhikode, which had first declared that declarant K. Moideenkutty possessed 3,171.53 acres of excess land under the Kerala Land Reforms Act, 1961. The Board later reopened the case and, on the basis that 877 tenants occupied …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusKALLETI CHENGAIAH

1996 INSC 349Appeal(s) allowed

The Director of Settlement exercised suo motu revision power under Section 5(2) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 to set aside a 1983 order granting a Ryotwari patta that was found to contravene statutory provisions. The High Court held …

STATE OF ASSAM AND ORS.versusSMT. RADHA KANOO AND ORS. ETC.

1996 INSC 350Appeal(s) allowed

The State of Assam appealed against a High Court order that had held the respondents were not encroachers on government waste land. The respondents had taken possession of the land without a lease or written permission under Rule 16 of the Settlement Rules and had paid "Touzi Bahira" revenue to a …

STATE OF U.P. AND ANRversusSHRI KRISHNA PANDEY

1996 INSC 351Dismissed

Shri Krishna Pandey retired from service on 31 March 1987. After his retirement, a departmental enquiry for alleged embezzlement of Rs. 2,47,779 was initiated on 21 April 1991, and his pension was withheld under Regulation 351-A of the Civil Services Regulations. The High Court directed that his …

SURJIT SINGH AND ORS.versusBALBIR SINGH

1996 INSC 333Dismissed

The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants …

RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.

1996 INSC 334Dismissed

The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting …

WEST BENGAL STATE ELECTRICITY BOARDversusM/S FAKIR CHAND RICE MILLS AND ORS.

1996 INSC 321Disposed off

The West Bengal State Electricity Board claimed Rs 28,68,264.06 from Fakir Chand Rice Mills for alleged pilferage in electricity consumption. The trial court ordered the mill to pay Rs 2,60,000, which the High Court later modified to a direction to deposit Rs 5,60,000 without adjudicating the …

U.P. SHIKSHA AND EDUCATION BOARDversusRAJENDER PRASAD GUPTA

1996 INSC 312Appeal(s) allowed

Rajender Prasad Gupta was appointed as an untrained temporary teacher on 5 May 1964 and was required to undergo training. He was given two opportunities to attend training in 1968 and 1969 but did not avail them, after which his service was terminated without notice. He challenged the termination, …

G. SUNDARESWARARAOversusTHE GOVERNMENT OF A. P. AND ORS.

1996 INSC 313Dismissed

The petitioner, a Junior Scientific Officer in the Andhra Pradesh Institute of Preventive Medicine Service, claimed he met the qualifications for promotion to Senior Scientific Officer but was denied because Rule 4(b) of the service's ad‑hoc rules required a minimum of five years of post‑graduate …

STATE OF BIHAR AND ORS.versusRAMDEO YADAV AND ORS.

1996 INSC 314Appeal(s) allowed

The Bihar government took over Reghunandan Babula Kanya Middle School on 13 January 1981 under the Bihar Non‑Government Primary School (Taking Over Control) Act, 1976. Two teachers, Ramdeo Yadav and Raj Narain Yadav, who had been appointed as untrained teachers after 1 January 1971 and later …

UNION OF INDIA AND ORS.versusS. J. THANAWALA AND ANR.

1996 INSC 315Dismissed

The case concerned a salt factory operated by the respondents on a 138-acre leasehold that was due for renewal on 1 July 1983. The Union of India claimed title to the land and sought to compel the respondents to accept its title and obtain a renewed licence, while the respondents asserted that they …

SHIMLA DEVELOPMENT AUTHORITYversusASHA RANI

1996 INSC 316Appeal(s) allowed

The respondent applied for a flat under the Shimla Development Authority's Self‑Finance Scheme in 1986, paid an earnest deposit and was initially quoted a construction cost of Rs 1,44,000. In 1991 the Authority raised the cost to Rs 2,73,332 due to material price hikes and, after the District Judge …

SURINDER KAURversusSTATE OF PUNJAB AND ORS.

1996 INSC 308Appeal(s) allowed

Surinder Kaur, who had served as Sarpanch of Gram Panchayat Dialgarph for 15 years, attempted to file her nomination papers for the Sarpanch election scheduled on 18 January 1993. On 17 January, her husband was detained by police and the 7th respondent, Tara Singh, forcibly seized and destroyed her …

JUNJARAMversusBHAURAO AND ORS.

1996 INSC 298Appeal(s) allowed

Junjaram, a protected tenant under the Berar Regulation of Agricultural Leases Act, 1951, surrendered his lease by an unregistered deed in 1956 and within a year applied for restoration of possession. The initial authorities held the surrender illegal and ordered restitution, but the Deputy …

ASSOCIATION OF CHEMICAL WORKERSversusS.D. RANE AND ORS.

1996 INSC 299Dismissed

The Association of Chemical Workers, a rival union at Chemicals & Fibers of India Ltd., challenged the recognition of the respondent union by the Industrial Court, alleging that the investigating officer had illegally used spot verification and alternate numbers to count members. The High Court …

PARSINI (DEAD) THROUGH LRS.versusATMA RAM AND ORS.

1996 INSC 300Dismissed

The Supreme Court heard a civil appeal (No. 1608 of 1979) challenging the genuineness of a will executed by Bhagwana on 15 October 1957, which left his property to Atma Ram. The appellant, Bhagwana's daughter, claimed that the will was not genuine and sought relief, arguing that she was not a party …

HIRA LAL (DEAD) BY LRS. ETCversusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 301Dismissed

The appellant filed a return under Section 12 of the Maharashtra Agricultural Land (Ceiling of Holdings) Act, 1961, claiming he had three sons and three daughters, and argued that the family was therefore entitled to two additional units of land under Section 6. He produced school certificates for …

ASHOK KUMAR SINGHAL AND ORS.versusSTATE OF M.P. AND ANR.

1996 INSC 281Appeal(s) allowed

Gyaso Bai executed a will in 1964 bequeathing land to Ram Swaroop, and a probate was granted in 1965. The government later acquired the land and, under the Land Acquisition Act, a reference court directed compensation to be paid in the ratio of two‑thirds to the appellants and one‑third to the …

DEV RAJ (DEAD) THROUGH L.RS.versusHARBANS SINGH (DEAD) THROUGH L.RS.

1996 INSC 282Appeal(s) allowed

The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor …

BANK OF BARODAversusRAJENDER PAL SONI

1996 INSC 283Appeal(s) allowed

The respondent, an employee of Traders Bank, tendered his resignation on the same day the bank sought to terminate his service by offering three months' pay in lieu of notice and returned the cheque. Traders Bank was later amalgamated with Bank of Baroda under Section 45 of the Banking Companies …

J. JOSE DHANAPAULversusS. THOMAS AND ORS.

1996 INSC 271Appeal(s) allowed

The appellant, J. Jose Dhanapoul, challenged an order of the Tamil Nadu Administrative Tribunal that annulled the appointment of S. Thomas without the appellant being made a party to the proceedings. The Tribunal had issued the impugned order on June 15, 1993, cancelling Thomas's appointment, but …

DR. GHANSHYAM JAISWALversusKAMAL SINGH

1996 INSC 272Appeal(s) allowed

In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the …

UNION OF INDIA AND ANR.versusRANCHI MUNICIPAL CORPN. RANCHI AND ORS.

1996 INSC 273Appeal(s) allowed

The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under …

BABULALversusRAJ KUMAR AND ORS.

1996 INSC 274Appeal(s) allowed

Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an …

UNION OF INDIA AND ANR.versusMOTI LAL AND ORS.

1996 INSC 261Dismissed

The respondents, who had been directly appointed as casual mates in Class III of the Northern Railway, were later regularised as gangmen (Class IV) by the railway authorities. They contended that their long‑term service as mates and the temporary status conferred upon them entitled them to be …

UNION OF INDIAversusRAM SUA SHARMA

1996 INSC 262Appeal(s) allowed

The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The …

J.L. JAINversusUNION OF INDIA AND ORS.

1996 INSC 263Appeal(s) allowed

In this civil appeal, the appellant J.L. Jain challenged the decision of the Central Administrative Tribunal that denied a reopening of a departmental inquiry against him. The appellant sought a one‑time opportunity to participate in the inquiry, present his defence, and cross‑examine witnesses. The …

UNION TERRITORY OF CHANDIGARHversusCHARANJIT KAUR

1996 INSC 264Appeal(s) allowed

The respondent was convicted of murder and sentenced to life imprisonment, having been in custody since September 1983. She filed an application in the High Court seeking premature release, and the High Court ordered her release on the ground that the State had failed to file a counter‑affidavit …

SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENTversusL. SRINIVASAN

1996 INSC 265Appeal(s) allowed

The respondent, L. Srinivasan, an Assistant Section Officer in the Prohibition and Excise Department, was suspended and a departmental inquiry was ordered while a charge‑sheet for embezzlement and fabrication of false records was filed and a criminal trial was pending. The Tamil Nadu Administrative …

SINGHAI LAL CHAND JAIN (DEAD)versusRASHTRIYA SWAYAM SEWAK SANGH, PANNA AND ORS.

1996 INSC 266Appeal(s) allowed

The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the …

THE STATE OF PUNJABversusDARSHAN SINGH

1996 INSC 267Appeal(s) allowed

Darshan Singh, a bus conductor employed by the State of Punjab, was removed from service on 26 May 1989 for alleged misconduct of collecting fares without issuing tickets, which was deemed fraud. The removal order also listed his earlier punishments, leading the trial court to hold that the …

ABDUL AZIZ ABDUL RATAK AND ANR.versusTHE MUNICIPAL CORPN. OF GREATER BOMBAY AND ANR.

1996 INSC 268Dismissed

The appellants, whose land was acquired under the Land Acquisition Act, 1894, entered into an agreement with the municipal corporation to receive two‑thirds of the compensation at a rate of Rs.40 per square yard, with interest fixed at 4% per annum from possession. The compensation award was later …

STATE OF UTTAR PRADESH ETC.versusSMT. RAM KUMARI DEVI ETC.

1996 INSC 269Case Partly allowed

The State of Uttar Pradesh acquired 13.75 acres of land for a government college and the Land Acquisition Officer initially fixed compensation at Rs 11,887.78 per acre. A District Judge later awarded Rs 5 per square foot and the High Court reduced it to Rs 3.30 per square foot, relying on sale deeds …

MUKHTIAR AHMEDversusSMT. HUSAN BANO AND ORS.

1996 INSC 246Dismissed

Mukhtar Ahmed filed a suit seeking a declaration that he was entitled to a two‑thirds share in a house as a co‑owner. Earlier, in a suit filed by a co‑sharer, the court had determined that the co‑sharer was only entitled to a one‑fifth share, and that decree became final. The issue before the …

REV. FATHER BRAIN E FERNANDES ETC.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 223Appeal(s) allowed

The case concerned a land acquisition under the Land Acquisition Act, 1894 where the notification under Section 4(1) was published in 1965 and the declaration under Section 6 in 1969, but the award of compensation was only made in 1986. The appellants argued that an erratum notice that listed guntha …

RAM JATAN AND ORS.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 224Dismissed

The deceased Newaj Mal executed a registered will leaving his land to his daughter's son, a fact accepted by the Director of Consolidation and upheld by the Allahabad High Court. The brother of the deceased (appellant) claimed a preferential right to the property under Class V of Section 24 of the …

UNION OF INDIA AND ANR.versusM/S. SH. RAM RAYONS

1996 INSC 225Appeal(s) allowed

The respondent, Mis. Sh. Ram Rayons, applied for a supplementary import licence and paid a fee of Rs.1 lakh under Clause 4(2) of the Imports (Control) Order, 1955. A policy change later prevented the issuance of the licence, prompting the respondent to file a writ petition seeking a refund of the …

UNION OF INDIAversusAJAIB SINGH AND ORS.

1996 INSC 226Appeal(s) allowed

The Union of India acquired land under the Requisitioning & Acquisition of Immovable Properties Act, 1952 and offered compensation to the owners, who rejected it, leading to reference to an arbitrator under section 8(1). The arbitrator awarded higher compensation with solatium and interest, and the …

STATE OF RAJASTHANversusM/S. KALYAN SUNDARAM CEMENT INDUSTRIES LTD. AND ORS.

1996 INSC 227Appeal(s) allowed

The State of Rajasthan sued Mis. Kalyan Sundaram Cement Industries Ltd. for recovery of sums due under an agreement after three post‑dated cheques issued in 1989 bounced. Alongside civil suits for recovery, criminal complaints were filed under Section 138 of the Negotiable Instruments Act and …

STATE OF KERALAversusGEORGE JOSEPH

1996 INSC 228Appeal(s) allowed

The State of Kerala initiated acquisition proceedings against George Joseph, issuing a notice under Section 4(1) of the Land Acquisition Act, 1894 on 26 September 1978. The Collector later made an award on 27 March 1981, and the respondent claimed an additional amount under Section 23(1A) of the …

SH. MAHESHWARI SENIOR HIGHER SECONDARY SCHOOL AND ANR.versusBHIKHA RAM SHARMA AND ORS.

1996 INSC 229Appeal(s) allowed

The appellant, Maheshwari Senior Higher Secondary School, challenged the termination of Bhikha Ram Sharma, who had been appointed as a Steno‑Typist on an ad‑hoc basis on 15 July 1992. The management passed a resolution on 21 May 1994 abolishing the ad‑hoc post, and Sharma's service was terminated on …

PANKAJ KUMAR SAHAversusTHE SUB-DIVISIONAL OFFICER, ISLAMPUR AND ORS.

1996 INSC 230Dismissed

The petitioners, Pankaj Kumar Saha and his brother, were issued Scheduled Caste certificates in 1982, which were later cancelled by the Sub‑Divisional Officer. The petitioners challenged the cancellation, claiming that they belong to the Sunri Scheduled Caste, despite the Presidential notification …