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713 judgments · newest first · showing 601–713

UNION OF INDIA AND ORS. ETC.versusS.D. GUPTA AND ORS.

1996 INSC 231Appeal(s) allowed

The respondents, who were promotee Extra Assistant Directors in the Central Water Commission Engineering Class‑I Service, challenged the seniority list prepared by the Union of India which placed them below direct recruits appointed later. The dispute centered on the interpretation of the 1965 …

SAVITRI DEVIversusSTATE OF HARYANA AND ORS.

1996 INSC 232Disposed off

The appellant, Savitri Devi, challenged the State of Haryana after her land was acquired under the Land Acquisition Act, 1894 for residential and commercial purposes. Although compensation had been paid and the acquisition became final, the land remained unused, and she sought a plot in lieu of her …

GURBACHAN SINGH AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 218Dismissed

Gurbachan Singh and another filed a writ petition under Article 32 of the Constitution challenging a Supreme Court order passed under Article 136 that set aside a High Court and arbitrator award of enhanced solatium and interest under the Land Acquisition Act, 1864 (as amended by Amendment Act 68 of …

TAMIL NADU HOUSING BOARDversusA. VISWAM (DEAD) BY LRS.

1996 INSC 219Appeal(s) allowed

The Tamil Nadu Housing Board acquired 339 acres of land, including a one‑acre parcel earmarked for a public park, under the Land Acquisition Act, 1894. The original owners, represented by A. Viswam (deceased), claimed they remained in possession and sought a perpetual injunction against the Board. …

UNION OF INDIAversusM/S. AGRO ENGINEERING (MP). PVT. LTD. AND ORS.

1996 INSC 220Disposed off

The petition concerned applications for a government subsidy filed on or before 30 September 1988 that substantially complied with the scheme’s guidelines. The petitioners contended that such applications should be considered for grant of subsidy, while the respondents opposed the claim. The Supreme …

SMT. GURNAM KAUR AND ANR.versusPURAN SINGH AND ORS.

1996 INSC 210Appeal(s) allowed

The appeal concerned whether the appellant, a daughter of Ram Singh and Gurnam Kaur, was a legitimate child despite Gurnam Kaur's earlier marriage not being legally dissolved. Earlier courts had held the child illegitimate because the prior marriage was void under Section 11 of the Hindu Marriage …

STATE BANK OF INDIA ETC.versusKASHINATH KHER AND ORS. ETC.

1996 INSC 211Appeal(s) allowed

The Supreme Court examined whether the State Bank of India's policy of promoting Middle Management Grade Scale II officers who had not completed the statutory two‑year line assignment and three‑year rural/semi‑urban service, by placing them in a provisional List B and later promoting them after they …

INDERMANI KIRTIPALversusTHE UNION OF INDIA AND ORS.

1996 INSC 189Dismissed

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

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

1996 INSC 190Dismissed

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

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

1996 INSC 191Dismissed

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

STATE OF U.P.versusO.P. SHARMA

1996 INSC 192Appeal(s) allowed

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

M.C. DHINGRAversusUNION OF INDIA AND ORS.

1996 INSC 183Appeal(s) allowed

M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but …

L. RAJAIAHversusINSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.

1996 INSC 184Disposed off

The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant …

STATE OF BIHAR AND ORS.versusCHHANGUR PRASAD SETH

1996 INSC 185Appeal(s) allowed

Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession …

STATE OF ORISSAversusRAJAKISHORE DAS

1996 INSC 186Appeal(s) allowed

The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR.versusLADULAL MALI

1996 INSC 187Appeal(s) allowed

The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. …

SMT. PUTTAHONNAMMAversusC. GANGADHARA MURTHY AND ORS.

1996 INSC 172Appeal(s) allowed

The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, …

STATE OF RAJASTHANversusSEVA RAM AND ORS.

1996 INSC 173Disposed off

The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s …

MUNICIPAL COMMITIEE, ABOHARversusREGIONAL COMMISSIONER, E.S.I. CORPN. AND ANR.

1996 INSC 174Appeal(s) allowed

The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the …

SURINDER KUMAR AND ANR.versusISHWAR DAYAL AND ANR.

1996 INSC 175Appeal(s) allowed

The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been …

ST ATE OF MAHARASHTRA ETC.versusDIGAMBAR BHIMASHANKAR TANDALE AND ORS. ETC.

1996 INSC 176Case Partly allowed

The Supreme Court considered the compensation payable for 12.5 acres of land acquired by the State of Maharashtra for extending a thermal power station. The original award fixed Rs 3,000 per acre, later enhanced on a per‑square‑foot basis, which the Court held to be illegal. It ruled that …

SUB-DIVISIONAL INSPECTOR OF POST, VAIKAM AND ORS. ETC.versusTHEYYAM JOSEPH ETC.

1996 INSC 177Dismissed

The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are …

P.K. KUTTY AHUJA RAJA AND ANR.versusSTATE OF KERALA AND ANR.

1996 INSC 162Dismissed

The Agricultural Income Tax Officer assessed Rs 84,788.78 for the period 1956‑58, which was quashed by the Kerala High Court on 1 January 1968, limiting liability to a 1/693 share of the estate. The appellants filed a suit in 1974 to recover amounts already paid by successors; the trial court …

GRAM PANCHAYAT VILLAGE SUFIPINDversusSTATE OF PUNJAB THROUGH SECRETARY AND ORS.

1996 INSC 163Appeal(s) allowed

The Gram Panchayat of Sufipind claimed that plot No.71 was a pathway vested in it under Section 4(2) of the Punjab Village Common Land (Regulation) Act, 1961. An application for realignment of the plot was filed in 1974, long after the consolidation proceedings had been completed in 1959. The …

SURAIN SINGH (DEAD) BY LRS. AND ORS.versusMEHENGA (DEAD) BY LRS.

1996 INSC 164Dismissed

The appellants challenged a sale deed dated 29 September 1959, alleging that it was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit, finding the deed valid; the first appellate court reversed that finding, holding that adequate consideration had …

C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.

1996 INSC 154Dismissed

The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport …

U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL

1996 INSC 156Dismissed

The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years …

RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.

1996 INSC 148Appeal(s) allowed

The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was …

STATE OF HARYANAversusCHANDRA MANI AND ORS.

1996 INSC 150Appeal(s) allowed

The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" …

KESAR SINGH AND ORS.versusSADHU

1996 INSC 139Appeal(s) allowed

The respondents filed a suit in 1978 to recover possession of land based on a 1924 declaratory decree that arose from a customary right to contest alienation under the Punjab Custom (Power to Contest) Act, 1921. The appellants, who had purchased the land, challenged the decree, arguing that the 1973 …

SATISH KUMARversusTHE JALANDHAR IMPROVEMENT TRUST, JALANDHAR AND ANR.

1996 INSC 140Dismissed

The petitioner, Satish Kumar, challenged his appointment as Pumpset Operator by the Jalandhar Improvement Trust, claiming entitlement to equal pay under Article 39(d) and Article 14 of the Constitution. He argued that despite lacking the minimum qualification prescribed for the post, he performed …

STATE OF HARYANAversusPALA AND ORS.

1996 INSC 141Appeal(s) allowed

In December 1989, the deceased Rati Ram was attacked by two accused who struck him with musals on the head and body, causing multiple injuries. He died five days later from septicaemia that the autopsy report linked to the head injury, which was deemed sufficient to cause death in the ordinary …

MALKIAT SINGHversusSTATE OF PUNJAB AND ORS.

1996 INSC 142Appeal(s) allowed

Malkiat Singh, a police constable appointed on 20 April 1990, was discharged on 22 July 1992 on the grounds of prolonged absence and alleged irregular attendance, which the authorities claimed demonstrated his inefficiency. The record showed three instances of absence: a six‑hour tardiness on 10 …

DR. P.N. PURI AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 143Dismissed

The petitioners, who were employees of urban local bodies, filed a writ petition seeking equal pay on par with Medical Officers at a scale of Rs. 2200‑4000 and arrears dating back to 1986. The Anomaly Committee had recommended that such employees be placed on the said pay scale, effective from 7 …

KARAM SINGHversusSTATE OF PUNJAB & ANR.

1996 INSC 144Dismissed

Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. …

S.C. MANDAKKI ETC.versusTHE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICE ETC.

1996 INSC 145Dismissed

The appellant, appointed as a Junior Laboratory Technician on 3 May 1979, voluntarily transferred to the post of First Divisional Assistant on 28 October 1986 within the same department. He sought an advance increment under Karnataka Civil Services (Time Bound Advancement) Rules, 1983, which is …

STATE OF U.P. AND ANR.versusRAJENDRA SINGH

1996 INSC 132Appeal(s) allowed

The State of U.P. acquired 5.357 acres of agricultural land in Azamgarh for a project. The Land Acquisition Officer initially fixed compensation at Rs 3,658.87 per acre, which the claimant challenged under Section 18 of the Land Acquisition Act, 1894. The reference court raised the award to Rs …

STATE OF MADHYA PRADESHversusS.S. AKOLKAR

1996 INSC 134Appeal(s) allowed

The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after …

STATE OF U.P.versusBANKE SINGH AND ANR

1996 INSC 135Appeal(s) allowed

The State appealed against the order that excluded a parcel of land from surplus land on the basis of a will executed in 1978. The respondents claimed a one‑fourth share in the surplus land, arguing that the will of Smt. Gajraji bequeathing the share to her nephew should exempt the land from ceiling …

S. SWVIGARADOSSversusZONAL MANAGER, F.C.I.

1996 INSC 136Dismissed

The petitioner, born in 1941 to parents who had converted to Christianity before his birth, later reconverted to Hinduism at age 14 and claimed to be an Adi‑Dravida Scheduled Caste to obtain SC benefits in his employment with the Food Corporation of India. He filed a suit for a declaration of …

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 121Dismissed

Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State …

YADAVRAO P. PATHADE (DEAD) BY LRS. ETC.versusSTATE OF MAHARASHTRA

1996 INSC 122Disposed off

The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the …

STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM

1996 INSC 123Appeal(s) allowed

The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, …

STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.

1996 INSC 124Appeal(s) allowed

The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage …

RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.

1996 INSC 125Appeal(s) allowed

The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was …

STATE OF RAJASTHANversusRAM NARAIN AND ORS.

1996 INSC 116Appeal(s) allowed

The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a …

SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.

1996 INSC 117Granted

The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities …

UNION OF INDIA AND ORS.versusSMT. DARSHNA DEVI

1996 INSC 112IA disposed

The Supreme Court had earlier disposed of an appeal and dismissed review petitions filed against its order. Subsequently, the parties filed applications seeking clarification and modification of that order, claiming the Court's inherent power. The Court examined whether such applications could be …

M/S ELECTRONICS TRADE AND TECHNOLOGY DEVELOPMENT CORPN., LTD., SECUNDERABADversusM/S. INDIAN TECHONOLOGISTS AND ENGINEERS (ELECTRONICS) PVT. LTD. ANR.

1996 INSC 114Appeal(s) allowed

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque dated 30‑06‑1990 was dishonoured due to insufficient funds and that the drawer had instructed the bank to stop payment, as indicated by the bank’s endorsement. A notice demanding payment …

M/S. MURLIDHAR SHYAMLAL AND ANR .versusSTATE OF ASSAM

1996 INSC 97Dismissed

Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued …

RADHIKA DEVIversusBAJRANGI SINGH AND ORS.

1996 INSC 98Dismissed

The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was …

SH. S.V. BHIMA BHATIA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.

1996 INSC 99Disposed off

The appellants, government servants who continued in service beyond the normal superannuation age due to a fluctuation in the retirement age, claimed that their pension should be calculated on the basis of the age of 60, including the residue period they served. The State argued that pension should …

THE SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusV.T. VELU AND ORS.

1996 INSC 78Appeal(s) allowed

The Special Land Acquisition Officer sought to acquire 1 acre 6 guntas of land for defence purposes. The land was requisitioned in 1965 and rentals were fixed at Rs 4 per sq ft under the Acquisition and Requisition of Immovable Property Act, 1952. The Collector’s award under the Land Acquisition …

KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. AND ORS.versusATTAH KASIM AND ORS.

1996 INSC 79Dismissed

The Supreme Court examined a civil appeal challenging a preliminary decree for partition of the Konchukakkada property. The trial court had placed the burden of proof on the plaintiffs, a view corrected by the appellate court, but the appellate court failed to properly consider key documentary …

THE STATE OF MADHYA PRADESHversusHLRALAL AND ORS.

1996 INSC 66Appeal(s) allowed

The State of Madhya Pradesh acquired land belonging to Hiralal and others and the respondents claimed compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, which purported to provide enhanced compensation and solatium. The High Court had allowed their claim, but the State …

M. V. K.GUNDARAOversusREVENUE DIVISIONAL OFFICER, (L.A.O.), NARASARAOPET

1996 INSC 67Dismissed

The case concerned compensation for land acquired under the Land Acquisition Act, 1894 for a telephone exchange in Narasaraopet. The acquisition officer initially awarded Rs 40 per square yard, which was enhanced to Rs 75 per square yard by the Subordinate Judge on the basis of four sale deeds …

RAMESH SINGH (DIED) BY L.RS. AND ORS.versusSTATE OF HARYANA AND ORS.

1996 INSC 68Dismissed

The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree …

IMPROVEMENT TRUST, SANGRURversusGURJJT SINGH SANDHU AND ORS.

1996 INSC 69Appeal(s) allowed

The case concerned an appeal by Improvement Trust, Sangrur against Gurjjt Singh Sandhu and others under the Land Acquisition Act, 1894. The dispute centered on whether the respondents were entitled to the additional amount provided under Section 23(1A) of the Act, as amended by Act 68 of 1984. The …

MEDICAL COUNCIL OF INDIA AND ANR.versusTHE STATE OF RAJASTHAN AND ANR.

1996 INSC 70Appeal(s) allowed

The second respondent, who held an M.Sc. in Medical Biochemistry and worked as a professor, applied to be entered in the State Medical Register but was denied because he lacked an MBBS degree. He obtained a writ order from the Rajasthan High Court directing his registration, which was later set …

SMT. NUT.AN ARVINDversusUNION OF INDIA AND ANR.

1996 INSC 71Dismissed

The case concerned Smt. Nutan Arvind, a Central Civil Services officer who was not included in the promotion panel prepared by the Departmental Promotion Committee (DPC) for a vacancy that arose before 12 May 1988. The appellant contended that the DPC had wrongly applied the post‑May 1988 …

UNION OF INDIA AND ORS.versusSMT. SATYAWATI AND ORS.

1996 INSC 60Appeal(s) allowed

The Supreme Court considered appeals filed by the Union of India against High Court orders directing the appointment of an arbitrator under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952. The claimants had not raised any objections to the arbitrator's award …

R.C. CHAWLAversusSTATE OF HARYANA AND ORS.

1996 INSC 61Disposed off

The appellant, R.C. Chawla, was allotted a residential plot by the Haryana Urban Development Authority (HUDA) on the condition that it not be used for commercial purposes. He allegedly used the premises for commercial activity, prompting HUDA to issue a resumption order. The appellant submitted an …

STATE OF HARYANA AND ORS. ETC.versusO.P. GUPTA ETC.

1996 INSC 62Appeal(s) allowed

The respondents, engineers of the Haryana Public Works Department, were given notional promotions based on a seniority list prepared under Rule 9 of the 1970 Service Engineers Rules, with a deemed promotion date of 1 January 1983, but they only assumed the higher posts on 1 December 1992. They filed …

BANK OF BARODAversusR.M. PATWA AND ANR.

1996 INSC 63Appeal(s) allowed

The Bank of Baroda obtained a money decree against R.M. Patwa for Rs 55,000 with interest and filed an execution application. Patwa sought, under Section 151 CPC, to have amounts crediting a third‑party, G.K. Kakkani, adjusted against his decree debt. The Additional District Judge ordered such …

SAM HIRING CO.versusA.R. BHUJBAL AND ORS .

1996 INSC 64Dismissed

The appellant, Sam Hiring Co., a tenant occupying a shed in City Survey No. 56, challenged the acquisition of its premises under the Maharashtra Housing and Area Development Act, 1976, arguing that the structure was an independent, non‑cess‑payable building and therefore exempt from demolition. It …

SMT. RAJNIBAI @ MANNUBAIversusSMT. KAMLA DEVI AND ORS.

1996 INSC 65Appeal(s) allowed

The appellant filed a suit for declaration of title to a property and simultaneously applied under Order 39 Rules 1 and 2 of the CPC for a temporary injunction to protect his possession. The trial court granted the injunction, but the High Court reversed the order, holding that where there is no …

STATE OF JAMMU AND KASHMIRversusDR. ASHOK KUMAR GUPTA AND ORS.

1996 INSC 51Appeal(s) allowed

The State of Jammu & Kashmir appealed against a High Court order that had refused to condone a three‑month delay in filing an appeal against a promotion order for certain lecturers. The lecturers had been appointed on a regular basis but had not completed the seven years of regular service required …

SH.MULKRAJversusSH. SUNDER DAS AND ORS.

1996 INSC 52Disposed off

The appellant, who had obtained possession of certain plots in New Delhi, filed a suit for a mandatory injunction against the third respondent, which became final. Subsequently, the appellant and the first two respondents each purchased a one‑third share of the property, leading to a partition suit …

STATE OF KARNATAKA AND ORS.versusB.S. NANJUNDAIAH

1996 INSC 53Appeal(s) allowed

The State of Karnataka filed a land acquisition proceeding against B.S. Nanjundaiah under the Land Acquisition Act, 1894. A notification under Section 4(1) was published on 6 December 1973 and a declaration under Section 6 on 3 February 1975, but the respondent challenged them for lack of an enquiry …

NARANBHAI DAYABHAI PATEL AND ANR.versusSULEMAN ISUBJI DADABHAI

1996 INSC 54Appeal(s) allowed

The appellants, Naranbhai Patel and another, became deemed purchasers of agricultural land under Section 32 of the Bombay Tenancy & Agricultural Lands Act, 1948, effective 1 April 1957. The respondent, the former landowner, executed a trust deed and registered it under the Bombay Public Trusts Act, …

SMT. AFSAR JAHAN BEGUM ETC.versusSTATE OF MADHYA PRADESH AND ORS. ETC.

1996 INSC 55Dismissed

The petitioners, private bus operators, sought to ply their vehicles on routes intersecting notified routes, invoking a modification under Section 102(2) of the Motor Vehicles Act, 1988 that relaxes the distance restriction to 25 kilometres. The State Government had issued a notification allowing …

STATE OF UTTAR PRADESH AND ORS.versusDR. RAMESH PRASAD

1996 INSC 56Appeal(s) allowed

Dr. Ramesh Prasad, a teacher at Moti Lal Nehru Medical College (a college maintained by the Uttar Pradesh Government), filed a writ petition seeking to remain in service until the age of 60, the superannuation age prescribed for university teachers under the U.P. State University Act. The Allahabad …

MIS NATIONAL ALUMINIUM CO. LTD.versusRAJ KISHORE @ SAHU JENA AND ANR.

1996 INSC 41Appeal(s) allowed

The appellant, Mis National Aluminium Co. Ltd., sought to enforce its right as a beneficiary of compensation under the Land Acquisition Act, 1894, in pending proceedings before the Sub‑Judge of Angul. The respondents, Raj Kishore @ Sahu Jena and others, were served notice but failed to appear. The …

GHAZIABAD DEVELOPMENT AUTHORITYversusJAN KALYAN SAMITI, SHEOPURI, GHAZIABAD AND ANR.

1996 INSC 42Appeal(s) allowed

The Ghaziabad Development Authority (GDA) acquired land by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 25‑02‑1986 and a declaration under Section 6 on 26‑02‑1986, both of which were published together on 10‑04‑1986. The respondents challenged the acquisition, …

KESHABO AND ANR.versusSTATE OF M.P. AND ORS.

1996 INSC 31Dismissed

The appellants purchased Bhumiswami rights of tribal land from Somu Gond in 1960. Section 165(6) of the Madhya Pradesh Revenue Code requires prior permission from a Collector before such alienation to a non‑tribal person, and no permission was obtained. The Board of Revenue held the sale void, a …

RAMESH CHANDRA TIWARI AND ANR.versusU.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND ORS.

1996 INSC 32Disposed off

The Supreme Court considered an appeal by Ramesh Chandra Tiwar and another against the U.P. Avas Evam Vikas Parishad concerning land acquisition under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The key issue was whether Section 6 of the Land Acquisition Act, 1894 and the 1984 Amendment Act …

A.J. JOSEPHversusUNION OF INDIA AND ORS.

1996 INSC 33Dismissed

A.J. Joseph, a Head Compounder posted in the Andaman & Nicobar Islands, appealed against the Government's refusal to grant him a higher scale of pay under Fundamental Rule 9(25) clause 7(iii). The Central Administrative Tribunal had held that prescribing a higher pay scale was a policy decision …

CENTRAL BUREAU OF INVESTIGATIONversusNAZIR AHMED SHEIKH

1996 INSC 24Appeal(s) allowed

Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year …

RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.

1996 INSC 18Dismissed

The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the …

OMKAR NAMDEO JADHAO AND ORS.versusSECOND ADDITIONAL SESSIONS JUDGE BULDANA AND ANR.

1996 INSC 19Appeal(s) allowed

The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC …

COMMON CAUSEversusUNION OF INDIA AND ORS.

1996 INSC 20Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by Common Cause seeking remedial measures for the serious deficiencies in India’s blood‑banking system. A 1990 consultancy report highlighted widespread unlicensed banks, reliance on professional donors, inadequate testing, …

MEETHIYAN SIDHIQUversusMUHAMMED KUNJU PAREETH KUTTY AND ORS.

1996 INSC 2Dismissed

The case concerned a sale of immovable property belonging to a Muslim minor, whose father had died. The mother, acting as guardian, executed the sale to the appellant in 1949. The question before the Supreme Court was whether, under Muslim law, the mother could be a legal guardian of the minor’s …

CANTONMENT BOARD AND ANR.versusMOHANLAL AND ANR.

1996 INSC 1Appeal(s) allowed

The appellant Cantonment Board issued notices under Sections 85, 256 and 185 of the Cantonment Act, 1924 demanding demolition of illegal construction on the respondent’s property. The respondent continued construction, filed a representation, and later filed a writ petition alleging violation of …

SIKH NEWSPAPER LTD.versusD.M. JALANDHAR AND ORS.

1996 INSC 3IA disposed

Sikh Newspaper Ltd., a newspaper company, was unable to function due to a deadlock among its shareholders. The Supreme Court had earlier ordered an arbitrator to determine the genuine shareholders as of 10‑Nov‑1987 and to fix a date for a general body meeting, directing the company to convene the …

DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1996 INSC 4Appeal(s) allowed

The appellant was appointed temporarily as a medical officer in March 1966, then drafted as a commissioned officer in the Army during a national emergency, and later regularized as a Civil Assistant Surgeon on 6 September 1966. The respondents were appointed temporarily on 29 September 1964 and …

KRISHNA KUMAR AGRAWAL AND ORS.versusJAI KUMAR JAIN AND ANR.

1996 INSC 5Disposed off

The case arose from a decree of the trial court directing the defendants to remove a wall that obstructed the plaintiffs' light and air, with a requirement to maintain a three‑foot setback from the northern wall. The appellants argued that the decree, if given a literal meaning, required demolition …

SHRI M.L. JAGGIversusMAHANAGAR TELEPHONES NIGAM LTD. AND ORS.

1996 INSC 6Appeal(s) allowed

M.L. Jaggi challenged three telephone bills issued by Mahanagar Telephones Nigam Ltd. The dispute was referred to arbitration under Section 7B of the Indian Telegraph Act, 1985, which makes the arbitrator's award conclusive and not open to court challenge. The arbitrator awarded the bills with a …

STATE OF MADHYA PRADESH AND ORS.versusKESHAV

1996 INSC 7Appeal(s) allowed

The respondent, an Agriculture Engineer, was alleged to have committed misconduct and, after retiring on superannuation on 31 July 1982, a disciplinary inquiry was initiated on 28 July 1984. He challenged the jurisdiction of the Government to prosecute a retired servant, arguing that the Governor …

U. P. KATTHA FACTORIES ASSOCIATIONversusTHE STATE OF U.P. AND ORS.

1996 INSC 8Dismissed

The appellant, an association of small‑scale Khair‑wood based industries, challenged a government policy that imposed a complete ban on registration of such units after 11 December 1986, arguing that it discriminated against units registered after that date and violated Article 14 of the …

DEPUTY DIRECTOR (MINERALS), DALONTGUNJ CIRCLE ETC.versusMUSTAK ALI AND ORS.

1996 INSC 9Appeal(s) allowed

The Supreme Court considered appeals by the Deputy Director (Minerals), Dalantgunj Circle and related officials against a Patna High Court order directing them to appoint candidates for Class III and IV posts from a list prepared by the Deputy Commissioner/District Magistrate. The appellants argued …

PUNJAB STATE ELECTRICITY BOARD PATIALA AND ANR.versusSAWINDER SINGH

1996 INSC 10Dismissed

The Punjab State Electricity Board (PSU) was directed to consider the promotion of Sawinder Singh as on 14 November 1986, after the Board had abolished its quota system and adopted a seniority‑cum‑merit principle. The Board appealed, arguing that the date of consideration was irrelevant because the …

STATE OF RAJASTHANversusFATEH CHAND SONI

1995 INSC 877Appeal(s) allowed

The case concerned officers of the Rajasthan Police Service who were promoted from the Senior Scale to the Selection Scale. The respondent, Fateh Chand Soni, challenged the seniority list prepared on the basis of the date of appointment to the Selection Scale, arguing that such appointment did not …

SANTOSH KUMAR SINGHversusTHE STATE OF U.P. & ORS. ETC.

1995 INSC 878Dismissed

Santosh Kumar Singh was appointed as a lecturer in Agronomy at Durgaji Post Graduate College while still a student, first on 1 January 1984 and later on 1 October 1985, despite not possessing the minimum qualifications prescribed by the University Statute. The appellant claimed that the ad‑hoc …

UNION OF INDIA AND ORSversusC.N. PONNAPPAN

1995 INSC 844Dismissed

The Supreme Court considered three appeals challenging decisions of the Central Administrative Tribunal (CAT) on whether an employee transferred on compassionate grounds, and placed at the bottom of the seniority list in the new unit, could have his service in the former unit counted as experience …

KULDEEP SINGHversusGANPAT LAL AND ANR.

1995 INSC 784Dismissed

The tenant, Kuldeep Singh, was sued for eviction by his landlords for allegedly defaulting on six months' rent. He claimed to have paid the rent in cash for May‑September 1982, but the landlords refused to give a receipt and returned the money, after which he deposited the rent for May‑October 1982 …

DEV KUMAR (DEAD) THROUGH LRS.versusSMT. SWARAN LATA AND ORS.

1995 INSC 717Appeal(s) allowed

The landlady, Smt. Swaran Lata, sought eviction of her tenant Dev Kumar under the East Punjab Urban Rent Restriction Act, 1949 alleging sub‑letting of the premises to three respondents. The Rent Controller, relying on a local commissioner’s report, concluded sub‑letting and ordered eviction. The …

STATE OF U.P.versusMIS RAM NATH INTERNATIONAL CONSTRUCTION PVT. LTD.

1995 INSC 718Appeal(s) allowed

The State of Uttar Pradesh entered into a construction contract with Ram Nath International for dam works, but design changes caused a substantial increase in the quantity of work. The contractor claimed a higher rate for the extra work, which the arbitrator accepted and awarded, also directing that …

UNION OF INDIA AND ANR.versusM.C. DESAI AND ORS.

1995 INSC 611Case Partly allowed

The Supreme Court heard an appeal by the Union of India against a judgment of the Allahabad High Court that had awarded death‑cum‑retirement gratuity (DCRG) and ad‑hoc relief to High Court judges who retired before 1 October 1974. The High Court had extended the benefit to all such judges, including …

STATE OF ORISSA AND ORS.versusGOPAL CHANDRA RATH AND ORS.

1995 INSC 585Appeal(s) allowed

All the respondents were appointed as junior teachers between 1961 and 1973 by a Selection Committee that was not constituted by the State Government, leading the Orissa Administrative Tribunal to quash their gradation list. The State Legislature subsequently enacted the Orissa Medical Education …

AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

1995 INSC 586Appeal(s) allowed

The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, …