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G T NANAVATI

250 judgments · newest first · showing 1–200

STATE OF U.P.versusASHOK DIXIT AND ANR.

2000 INSC 76Dismissed

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Ashok Dixit and Chaman Lal, who had been convicted by a Sessions Court for murder (IPC s.302), attempt to murder (IPC s.307) and illegal possession of arms (Arms Act s.25). The prosecution relied on eyewitnesses, a child …

MAHMOOD AND ORS.versusTHE STATE OF BIHAR

2000 INSC 79Appeal(s) allowed

A dacoity and murder occurred on 9 June 1985 in the house of informant Bhupendra Mohan Singh. Nine persons were charged under IPC Sections 396 and 412; the trial court convicted five and acquitted four, a decision upheld by the High Court. Three of the convicted—Mahmood, Mokid Alam and Post Card …

CONSUMER EDUCATION AND RESEARCH SOCIETYversusUNION OF INDIA AND ORS.

2000 INSC 81

The Consumer Education and Research Society challenged a Gujarat State Legislature resolution and a subsequent government notification that reduced the area of the Narayan Sarovar Chinkara Sanctuary from 765.79 sq km to 444.23 sq km under Sections 18(1) and 26A(3) of the Wild Life Protection Act, …

SARITA SHARMAversusSUSHIL SHARMA

2000 INSC 82Appeal(s) allowed

Sarita Sharma and Sushil Sharma, married in 1988, were involved in divorce proceedings in a Texas court which intermittently granted custody of their two minor children to the father and limited the mother to visitation. While the divorce was pending, the mother exercised her visitation rights and …

INDIAN THERMAL POWER LTD. ETC. ETC.versusSTATE OF M.P. AND ORS.

2000 INSC 83Disposed off

The Supreme Court examined disputes arising from Power Purchase Agreements (PPAs) and Memoranda of Understanding (MOUs) between independent power producers (IPPs) and the Madhya Pradesh Electricity Board (MPEB) concerning escrow protection and tariff determination. The IPPs claimed the PPAs were …

LAXMAN NASKAR ETC. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 69

The petitioners, all serving life sentences, had completed twenty years of continuous detention including any remission and sought premature release under the West Bengal Rules. Their applications were rejected by the Government of West Bengal primarily on police objections concerning the likelihood …

THE SECRETARY, INDIAN TEA ASSOCIATIONversusAJIT KUMAR BARAT AND ORS.

2000 INSC 67

Ajit Kumar Barat, a Joint Secretary of the Indian Tea Association, was dismissed for refusing a transfer. He sought relief under Section 12 of the Industrial Disputes Act, 1947, and a failure report recommended that the dispute over whether he was a "workman" be referred to an industrial tribunal. …

RANADHIR BASUversusSTATE OF WEST BENGAL

2000 INSC 52Case Partly allowed

Randhir Basu and a co‑accused were convicted of murdering the mother, father and grandparents of a girl named Sudipa. Sudipa, after being granted pardon, was examined as an approver before a magistrate in chambers, without the accused present for cross‑examination. The appellant challenged the …

SUMAN SETHIversusAJAY K. CHURIWAL

2000 INSC 48Dismissed

The appellant, Suman Sethi, issued a cheque of Rs.20,00,000 to the respondent, Ajay K. Churiwal, which was returned for insufficient funds. Within 15 days, the respondent served a notice demanding the cheque amount plus incidental and notice charges. The magistrate held the notice invalid because …

AIR INDIAversusCOCHIN INTERNATIONAL AIRPORT LTD

2000 INSC 39Appeal(s) allowed

Cochin International Airport Ltd (CIAL) invited offers for ground handling services and received proposals from Air India and Cambatta Aviation Ltd. The evaluation committee recommended Cambatta, but the Government of India recommended Air India on the basis of its status as the national carrier. …

S.N. DUBE ETC.versusN.B. BHOIR

2000 INSC 17Dismissed

The Supreme Court examined the murder of Suresh Dube and the subsequent terrorist‑related conspiracy involving gangs of Bhai Thakur and Manik Patil. The trial court had excluded confessions recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) on the ground of …

E.I.D. PARRY (I) LTD.versusASST. COMMR. OF COMMERCIAL TAXES AND ANR.

1999 INSC 570Appeal(s) allowed

The appellants, sugar manufacturers Arooran Sugars Ltd. and E.I.D. Parry (I) Ltd., challenged assessments that included planting subsidies and transport charges in their taxable turnover under the Tamil Nadu General Sales Tax Act, 1959. They argued that the subsidy agreements were independent of the …

KESHAB NARAYAN BANERJEE AND ORS.versusTHE STATE OF BIHAR

1999 INSC 565Dismissed

The appellants were tried before the Special Judge (Vigilance), Patna, for alleged fraud in obtaining a Rs. 2 crore compensation under the Bihar Land Reforms Act, 1950. They contended that the offences were committed in respect of a document produced before the Compensation Officer and that, under …

STATE OF MAHARASHTRAversusSURESH

1999 INSC 551Appeal(s) allowed

The State of Maharashtra charged Suresh with the rape and murder of a four‑year‑old girl, Sneha, alleging that he abducted her, sexually assaulted her and concealed her body in a farm. The trial court convicted him on the basis of circumstantial evidence, including eyewitnesses who saw the accused …

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 507Dismissed

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he …

SHEELAM RAMESH AND ANR.versusSTATE OF ANDHRA PRADESH

1999 INSC 471Dismissed

The appellants, members of the Peoples War Group, were convicted for firing at two ex‑members of the group at a hair‑cutting salon, resulting in the death of one victim. The trial court relied on the testimony of four eye‑witnesses who identified the accused under street‑light and shop‑light …

CENTRAL BANK OF INDIA AND ANR.versusSAXONS FARMS AND ORS.

1999 INSC 465Appeal(s) allowed

The Central Bank of India sued Saxons Farms for issuing three cheques that were returned unpaid due to insufficient funds. The bank sent two written notices within fifteen days, each demanding payment and warning of criminal action if the cheques were again dishonoured. After the cheques were …

KALEM TUMBAversusSTATE OF MAHARASHTRA AND ANR.

1999 INSC 420Dismissed

Kalema Tumba, a Zaire national, arrived at Bombay Airport and his baggage was searched by Narcotics Control Bureau officers based on prior intelligence, leading to the seizure of 2 kg of heroin. The seized heroin was identified through a chemical analyser report and the appellant’s own statement …

STATE BANK OF BIKANER AND JAIPURversusM/S. BALLABH DAS AND CO. AND ORS.

1999 INSC 405Appeal(s) allowed

The State Bank of Bikaner and Jaipur had advanced funds to M/s. Ballabh Das & Co. for export transactions and was insured against non‑payment by foreign buyers. When the buyers defaulted, the bank sued the exporters for the outstanding amounts. While the suits were pending, the Recovery of Debts Due …

STATE OF HARYANA AND ORS.versusBALWAN ETC.

1999 INSC 379Appeal(s) allowed

Life convicts filed writ petitions seeking premature release on the basis of remissions earned. The Punjab and Haryana High Court held that the applicable government policy was the one in force at the time of conviction and directed the State to reconsider the applications. On appeal, the Supreme …

STATE OF U.P. AND ANR.versusRAM KISHORE AND ANR.

1999 INSC 371Appeal(s) allowed

Ram Kishore was initially appointed as a trainee tube‑well operator and was terminated for unauthorized absence. He was subsequently given a fresh three‑month temporary appointment, which was again extended, but his performance remained unsatisfactory and he again absented himself without leave, …

STATE OF ORISSAversusARJUN DAS AGRAWAL AND ANR.

1999 INSC 329Appeal(s) allowed

The State of Orissa appealed the acquittal of Manmohan Das (Manu Bangali) and Arjun Das Agrawal for the murder of Bhagirathi Panda. The trial court had convicted several accused under Sections 302/149 IPC, but the High Court acquitted Manmohan Das and Arjun Das, holding that the prosecution evidence …

PON ADITHANversusDEPUTY DIRECTOR, NARCOTICS CONTROL BUREAU, MADRAS/. I

1999 INSC 277Dismissed

Pon Adithan was convicted for possession of heroin under Sections 8(c) and 21 of the NDPS Act. The prosecution relied on the oral testimony of an Intelligence Officer who conducted the search, a confessional statement made by the accused while in the officer's custody, and forensic analysis of …

J. JAYALALITHA ETC. ETC.versusUNION OF INDIA AND ANR.

1999 INSC 256Disposed off

The former Tamil Nadu Chief Minister J. Jayalalitha and several ministers challenged a Tamil Nadu Government notification that created three additional Sessions Courts in Chennai and appointed their judges as special judges to try corruption cases under the Prevention of Corruption Act, 1988 (PCA). …

P. PAULSAMYversusUNION OF INDIA & ANR.

1999 INSC 262Case Allowed

P. Paulsamy was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 to prevent alleged drug trafficking. He filed a representation against his detention on 26‑10‑1998, but the Government considered it only after a delay, finally …

SUBHASH CHANDER SHARMA.AND ANR. ETC.versusSTATE OF PUNJAB AND ORS.

1999 INSC 263Dismissed

The case concerned promotion of Junior Engineers/Overseers holding diplomas in engineering to the post of Assistant Engineer under the Punjab Service of Engineers, Class II (Irrigation Branch) Rules, 1941. A 1992 notification fixed promotion quotas, but the petitioners argued that Rule 5 required a …

ARVINDER VIR SINGHversusSTATE OF PUNJAB AND ANR

1998 INSC 287Case Partly allowed

The case arose from a criminal proceeding for the abduction and murder of an advocate and his family. The CBI, after a Supreme Court direction, filed a charge‑sheet against the appellant SI Avindervir Singh and three other police officers for offences under Sections 193, 194, 211 and 218 IPC, …

ROAD TRANSPORT COMPANYversusBHAN SINGH AND ANR.

1998 INSC 269Dismissed

Road Transport Company owned a passenger bus that met with an accident due to the driver’s negligence, killing 35 passengers. Nine claims were filed; the Tribunal awarded compensation but limited the insurer’s contribution to Rs 5,000 per passenger and Rs 75,000 in total, as per Section 95(2)(b)(ii) …

SMT. LAKHIYA DEVI ETC.versusGIRJA YADAV AND ORS. ETC.

1998 INSC 252Disposed off

The case concerned the murder of Chander Yadav, who was chased by a large group, forced into a small room, assaulted, and his body dragged away. The trial court convicted the accused under sections 326 and 325 read with 149 IPC, sentencing them to eight years, while the High Court set aside those …

INDIAN OIL CORPORATION LTD.versusTHE CHIEF INSPECTOR OF FACTORIES AND ORS. ETC.

1998 INSC 253Appeal(s) allowed

Indian Oil Corporation Ltd., a government‑owned company, applied for a factory licence for its Namkum storage unit. The Chief Inspector of Factories refused, deeming the depot manager not an occupier because, under clause (ii) of the first proviso to Section 2(n) of the Factories Act, only a …

MRS VENMATHI SELVAMversusSTATE OF TAMIL NADU AND ANR.

1998 INSC 248Case Allowed

The appellant's husband was detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 on 23 August 1997. He filed a representation seeking release on 7 October 1997, which the …

S.M.F. SULTAN ABDUL KADERversusJT. SECY., TO GOVT. OF INDIA AND ORS.

1998 INSC 246Case Allowed

The petitioner filed a writ petition under Article 32 challenging a detention order issued under Section 3(1) of the COFEPOSA Act, 1974. The order was dated 14 March 1996 but the petitioner was not detained until 7 August 1997, a delay of about 17 months. The petitioner argued that the delay in …

UMESH VERMAversusJAI DEVI BHANDARI AND ANR.

1998 INSC 243Case Allowed

The appellant, a Central Government employee about to retire, filed an eviction petition under Sections 14(1)(e) and 14C of the Delhi Rent Control Act, 1958, seeking possession of premises he had let out for his own residence. He named both respondents – a wife and her husband – as parties, alleging …

GRID CORPORATION OF ORISSA LIMITEDversusINDIAN CHARGE CHROME LIMITED

1998 INSC 237Appeal(s) allowed

GRID Corporation of Orissa Ltd. (GRIDCO) succeeded the Orissa State Electricity Board and sued Indian Charge Chrome Ltd. (ICCL) for non‑payment of electricity bills arising from ICCL's captive power plant supplying power to the board. Multiple proceedings were instituted: a reference before the …

STATE OF BIHARversusKAMLA PRASAD SINGH AND ORS.

1998 INSC 221Case Allowed

Kamla Prasad Singh filed a complaint alleging that police officers raided his house without a warrant, assaulted his wife, abused occupants and seized his property. The Chief Judicial Magistrate, after an inquiry under Section 202 of the CrPC, found that the raid was conducted under a valid warrant …

SHAIKH UMAR AHMED SHAIKH AND ANR.versusSTATE OF MAHARASHTRA

1998 INSC 202Appeal(s) allowed

The appellants were convicted under TADA and the IPC for the murder of a police constable during the 1992 Bombay riots, based primarily on the in‑court identification by two constable witnesses. The trial court had rejected the identification parade evidence, finding a strong possibility that the …

SHOBHIT CHAMAR AND ANR.versusSTATE OF BIHAR

1998 INSC 127Dismissed

The appellants, Shiv Prakash Pandey (A‑1) and Shobhit Chamar (A‑2), were convicted under IPC Sections 302, 149, 380 and 460 and under Section 27 of the Arms Act for the murder of six male members of a family, including two children, during a dacoity in Rohtas district, Bihar. They challenged the …

RAM KUMAR AND ANR. ETC.versusSTATE OF HARYANA

1998 INSC 103Appeal(s) allowed

The accused brothers were charged under IPC sections 302, 307, 324 read with Section 34 for allegedly attacking complainants while digging a khal. The trial and High Courts relied on the testimony of PW‑7 and PW‑8 and rejected the patwari’s (PW‑10) evidence, convicting the accused. On appeal, the …

SHEIKH ABDUL HAMID AND ANOTHERversusSTATE OF MADHYPRADESH

1998 INSC 58Case Partly allowed

The appellants, Sheikh Abdul Hamid and Ashiq Ali, were convicted under Sections 302 and 34 of the IPC for the murder of a woman, her daughter and infant son whose bodies were exhumed from a locked inner room of a dhaba where the accused lived. The prosecution relied solely on circumstantial …

AMARNATH ASHRAM TRUST SOCIETYversusGOVERNOR OF UTTAR PRADESH AND ORS.

1997 INSC 785Appeal(s) allowed

The Amar Nath Ashram Trust Society, which runs a public school, sought land adjacent to its premises for a playground. The Uttar Pradesh Government acquired the land under the Land Acquisition Act, 1894, Part VII (company acquisition), issuing a Section 4 notification and a Section 6 declaration, …

JAGBLR WALIAversusDELHI ADMINLSTRATION

1997 INSC 762Dismissed

The appellant, Jagbir Walia, was convicted under Section 9 of the Suppression of Immoral Traffic Act, 1956. He appealed, arguing that the investigation was illegal because a Sub‑Inspector, not the Assistant Commissioner of Police appointed for that purpose, conducted it, and he sought to introduce …

GOVERNMENT OF ORISSAversusSHRI HARAPRASAD DAS AND ORS.

1997 INSC 752Appeal(s) allowed

The Government of Orissa issued a selection list on 13 July 1993 for six copy‑holder posts in the State Press, but later imposed a ban on filling two‑thirds of the vacancies and the list expired on 12 July 1994 under Rule 11(v) of the 1978 Service Rules. Four candidates whose names appeared on the …

AMMINI AND ORS.versusSTATE OF KERALA

1997 INSC 737Dismissed

The appellants, four accused, were alleged to have conspired to murder Merli and her two children by administering potassium cyanide. The prosecution relied on extensive circumstantial evidence, including the accused's movements, fingerprint on a glass, forensic laboratory report, medical …

NAZRUL MONDAL AND ORS.versusSTATE OF WEST BENGAL

1997 INSC 709Dismissed

The appellants were convicted under Section 302 read with Section 149 of the IPC for the murder of Babar Ali, based primarily on the testimony of six eye‑witnesses who were relatives of the deceased. The appellants challenged the admissibility of those witnesses, argued that no specific allegation …

STATE OF U.P.versusBHOORA AND ORS.

1997 INSC 710Appeal(s) allowed

The State of Uttar Pradesh prosecuted Bhoora and Vishram Singh for dacoity with murder under IPC sections 396 and 34. Four eye‑witnesses testified that they saw the accused, identifiable by the colour of their khaki uniforms and hats, under the illumination of two electric poles during the incident. …

HARI CHARAN AND ANR.versusSTATE OF RAJASTHAN

1997 INSC 706Dismissed

An armed group stopped a bus at gunpoint, attempted to drag out the conductor Ram Babu, and shot him, resulting in his death. The prosecution relied on the testimony of an eye‑witness, Kedarnath, corroborated by a police informant, to convict the principal shooter (A‑1) under Section 302 IPC and the …

STATE OF PUNJABversusHARI KISHAN AND ORS.

1997 INSC 674Dismissed

The State of Punjab appealed against the acquittal of Hari Kishan and his brothers, who were originally convicted for the murder of Jai Rani under Sections 302 and 201 IPC. The prosecution alleged that the accused demanded dowry, ill‑treated the victim and strangled her, relying on circumstantial …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPURversusSMT. POONAM PAHWA AND ORS.

1997 INSC 558Dismissed

The Rajasthan State Road Transport Corporation (RSRTC) deposited the award amount from a Motor Accident Claims Tribunal in the executing court but failed to give notice to the decree holders. The decree holders claimed interest from the date of deposit (June 27, 1986) until they were informed (April …

SMT. SUJATA MUKHERJEEversusPRASHANT KUMAR MUKHERJEE

1997 INSC 457Appeal(s) allowed

Smt. Sujata Mukherjee filed a criminal complaint under Sections 498A, 506 and 323 IPC alleging dowry demand, maltreatment and assault by her husband and his family. The alleged offences occurred at Raigarh (in‑laws' residence) and also at Raipur where the husband allegedly assaulted her. The husband …

POLAMMARASETTI VARANA VENKA SATYANARAYANAversusSUDDHA APPARAO NAIDU (DEAD) AND ORS

1997 INSC 291Dismissed

The plaintiff, a mortgagee, sought redemption of a usufructuary mortgage created in 1946 over a property that was then under a lease expiring in 1948. The defendant, the lessee, claimed that his leasehold right survived the mortgage and gave him a non‑evictable interest, preventing the mortgagee …

SMT. K. PONNAMMAversusTHE STATE OF KERALA AND ORS.

1997 INSC 277Dismissed

The petitioner, K. Ponnamma, and her husband were charged under Sections 302 and 201 of the Indian Penal Code; the husband was convicted while the petitioner was acquitted. During the pendency of the criminal trial she was suspended under Kerala Service Rule 57, which bars drawing any pay except a …

UNION OF INDIA AND ORS.versusBRIJ LAL THAKUR

1997 INSC 278Appeal(s) allowed

The vacancy for an E.C.G. Technician in the Northern Railway Hospital was filled by promoting a Scheduled Caste candidate, Prakash Kaur, under a 40‑point roster and rule of rotation that reserved the post for SCs. An unsuccessful general‑category candidate challenged the promotion, arguing that …

THE FLAG OFFICER COMMANDING-IN-CHIEF AND ANR.versusMRS. M.A. RAJANI AND ANR.

1997 INSC 279Dismissed

The Flag Officer Commanding‑in‑Chief and others appealed against a decision of the Central Administrative Tribunal (CAT) that ordered the appointment of Mrs. M.A. Rajan, a Scheduled Caste candidate, to a Grade III Stenographer post in the Ministry of Defence. The recruitment rules prescribe three …

HUKAM RAJ KHINVSARAversusUNION OF INDIA AND ORS.

1997 INSC 280Dismissed

The appellant, a government employee, was dismissed after suspension but the Central Administrative Tribunal set aside the dismissal and reinstated him on 13 March 1992, also directing that he receive all consequential benefits. The appellant did not receive those benefits, filed a contempt petition …

MOHAN LAL AND ORS.versusSTATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY, EXCISE AND TAXATION DEPARTMENT, GOVERNMENT SECRETARIAT, SHIMLA-2 AND ORS.

1997 INSC 281Appeal(s) allowed

Mohan Lal and others appealed against an order of the Himachal Pradesh Administrative Tribunal concerning the inter‑seniority of direct‑recruits to the Excise and Taxation Inspectorate (Class III) Service. The dispute centered on the interpretation of Rule 11 and Rule 4 of the Himachal Pradesh …

POWER FINANCE CORPORATION LTD.versusPRAMOD KUMAR BHATIA

1997 INSC 283Appeal(s) allowed

The respondent, an employee of Power Finance Corporation Ltd., applied for voluntary retirement under a scheme intended to reduce surplus staff. The corporation accepted his resignation on 20 December 1994, subject to the clearance of outstanding dues, and said the acceptance would be effective from …

SMT. SATI RANI SENversusM/S. INDIAN STANDARD CASTING CO. AND ANR.

1997 INSC 285Disposed off

The case involved parallel suits concerning Premises No. 31, Raja Santosh Road, Alipore, where the landlord (Indian Standard Casting Co.) obtained an ex parte decree in a suit against the principal tenant and executed possession, despite a pending suit in another court that had granted a status‑quo …

GANESH S/O GULABRAO SUROSHEversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 286Dismissed

The appellant, Ganesh, a member of the forward caste ‘Thakur’, claimed that he belonged to the Scheduled Tribe categories ‘Ma Thakur’ or ‘Ka Thakur’ in Maharashtra and applied for a caste certificate. The Scrutiny Committee examined his claim and rejected it, finding that he did not satisfy the …

THE STATE OF BIHAR AND ORSversusBATESHWAR SHARMA

1997 INSC 272Appeal(s) allowed

The respondent, Bateshwar Sharma, was serving as an ad‑hoc Superintending Engineer while several departmental misconduct proceedings were pending against him. The Departmental Promotion Committee (DPC) examined his suitability for promotion from Executive Engineer and found him unfit for promotion …

STATE OF PUNJAB AND ORS.versusKRISHAN NIWAS

1997 INSC 273Appeal(s) allowed

Krishan Niwas, a government employee, was convicted under Section 302 IPC and sentenced to life imprisonment, leading to his removal from service under Article 311(2). The conviction was later modified to Section 325 IPC with a 1½‑year sentence. After serving the term, a departmental appeal reduced …

SRI DOKKA SAMUELversusDR. JACOB LAZARUS CHELLY

1997 INSC 274Appeal(s) allowed

The appellant filed a suit for declaration of ownership and possession of two plots, which was dismissed by the trial court and affirmed by the appellate court. The High Court, in a review, reversed the appellate decree, claiming that relevant precedents were not cited, and held the transaction to …

SAMBHOO NATH MISRAversusSTATE OF U.P. AND ORS.

1997 INSC 275Appeal(s) allowed

Sambhoo Nath Misra filed a private complaint against R.D. Tripathi, a government servant, alleging offences under IPC sections 409, 420, 465, 468 and 477A for forging his signature and misappropriating Rs.443.90. The magistrate dismissed the complaint on the ground that sanction under Section 197 of …

KANDENKUTTY AND ORS.versusSTATE OF KERALA AND ORS.

1997 INSC 246Dismissed

The petitioners challenged a land acquisition notification issued on 10 January 1981 under Section 4(1) of the Land Acquisition Act, 1894 (and the corresponding Kerala provision). They argued that the later denotification of part of the land under Section 48 disturbed the integrality of the original …

STATE OF M.P. AND ANR.versusBRIJESH KUMAR AWASTHI AND ORS.

1997 INSC 247Appeal(s) allowed

The State of Madhya Pradesh acquired forest land under Section 16 of the Indian Forest Act and, in lieu of compensation, transferred the land to the respondents. The respondents later sued for a declaration of title and compensation, and the Conservator of Forest colluded with them to obtain a …

HINDUSTAN EDUCATION SOCIETY AND ANR.versusSK. KALEEM SK. GULAM NABI AND ORS.

1997 INSC 248Appeal(s) allowed

The Hindustan Education Society appointed Sk. Kaleem as a teacher on a temporary basis for eleven months under a clear vacancy, as per the order dated 10 June 1992. The appellant sought regularisation of his service, but the Bombay High Court had held that the appointment was a permanent one and …

THE BIHAR STATE WATER DEVELOPMENT CORPORATIONversusSHRI ARUN KUMAR MISHRA AND ORS.

1997 INSC 249Dismissed

The case concerned a permanent employee of the Bihar Irrigation Department who was transferred on deputation to the Bihar State Water Development Corporation while retaining a lien on his original post. The corporation was subsequently wound up and the employees were to be accommodated in other …

SRI SANJOY BHATTACHARJEEversusUNION OF INDIA AND ORS.

1997 INSC 250Dismissed

Sanjoy Bhattacharjee, a diploma‑engineer, applied for a technician post and was placed on a waiting list after the 480 notified vacancies were filled. He filed an application before the Central Administrative Tribunal seeking his appointment according to his rank and a stay on fresh recruitment …

STATE OF HARYANAversusSURINDER KUMAR AND ORS.

1997 INSC 251Appeal(s) allowed

The Supreme Court examined the claim of daily‑wage contract clerks employed by the State of Haryana for regularisation and equal pay with regular clerks. The High Court had ordered their regularisation and payment of equal wages, which the State appealed. The Court held that any appointment or …

THE DIRECTOR OF TRIBAL WELFAREversusLAVETI GIRI AND ORS.

1997 INSC 253

The Supreme Court examined a petition by the Director of Tribal Welfare seeking clarification on whether the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Rules for Issue of Community Certificates, 1997, complied with earlier Supreme Court guidelines on caste‑certificate …

SRI DEVENDRA PRASAD SHARMAversusTHE STATE OF MIZORAM AND ORS.

1997 INSC 254Dismissed

The petitioner, Srid... was promoted to Deputy Superintendent of Police in 1982, while the respondents were directly recruited to the same rank on 25 March 1982. The dispute centered on the inter‑se seniority between direct recruits and promotees under Rule 25(iii) of the Mizoram Police Service …

SHRI KANWAR SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 214Dismissed

Shri Kanwar Singh, who had earlier been temporarily promoted to Assistant Sub‑Inspector in 1988, contested the subsequent open selection for the same post, arguing that his prior experience should have been given weightage in the interview component. The selection board allocated 75% of the total …

JAI MANGLA HARIJAN KALYAN SAMITIversusSTATE OF ORISSA AND ORS.

1997 INSC 216Disposed off

The appellants, members of Jai Mangla Hariyan Kalyan Samiti, occupied tenements that they claimed were outside the campus of a public hospital but were being evicted under a High Court order directing the removal of all encroachments within the hospital premises. The High Court had ordered the …

JOY NATH GOALA AND ORS.versusBHABANI PRASAD CHOUDHARY AND ORS.

1997 INSC 217Appeal(s) allowed

The appellants, successors to a 1946 purchase of a property, sued the respondents for declaration of title and ejectment after the respondents, who were tenants under a 1948 compromise decree, failed to vacate the premises after the decree’s three‑year term expired in 1951. The trial court decreed …

PRAHALLAD BARALversusGOVERNMENT OF ORISSA AND ORS.

1997 INSC 218Appeal(s) allowed

The appellant, a Lower Division Clerk (LDC) appointed in 1972-73 with an intermediate qualification, claimed seniority over respondents who were appointed earlier (1970-71) but possessed only matriculation. The Government had issued a 1971 order prescribing intermediate as the minimum qualification …

KATTA RAMUDUversusSTATE OF ANDHRA PRADESH

1997 INSC 219Dismissed

The appellant, a resident of Velleturu village, attacked V. Nageswara Rao (the deceased) at a police‑ordered meeting, stabbing him in the chest with a knife that penetrated the right ventricle, causing instant death. The prosecution proved that the appellant uttered the words "do away with the …

PRAKASH CHANDRA SAHUversusSTATE TRANSPORT AUTHORITY AND ORS.

1997 INSC 220Dismissed

The appellant, Prakash Chandra Sahu, held a permanent stage‑carriage permit issued under the Motor Vehicles Act of 1939 for an inter‑state route. After the Motor Vehicles Act, 1988 came into force, his permit expired and he applied to the State Transport Authority (STA) for renewal. The STA rejected …

BASUDEV PATIversusSTATE OF ORISSA AND ANR.

1997 INSC 221Dismissed

Basudev Pati, while employed as a lecturer, received a revised UGC pay scale (Rs.700-1600) with retrospective effect from 1 January 1974, fixing his salary at Rs.780 and granting arrears. He was later selected to the Orissa Administrative Service (Class‑II) whose pay scale was Rs.525-1150, and he …

SWATANTAR SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 222Dismissed

The petitioner, a Sub‑Inspector of Police, was served with adverse entries in his Annual Confidential Report for the period April 1994 to March 1995, alleging corruption, unreliability and other defects. He made a representation to the Deputy Inspector General, which was rejected, and a second …

M. HARA BHUPALversusUNION OF INDIA AND ORS.

1997 INSC 192Dismissed

M. Hara Bhupal, a Section Officer in the Intelligence Bureau, was deputed to the Central Administrative Tribunal (CAT) as Private Secretary on 14 June 1989. He later sought absorption in the CAT as a Section Officer, which was granted effective 4 November 1996, and claimed seniority either from his …

LAXMI NARAIN MEHARversusUNION OF INDIA AND ORS.

1997 INSC 193Dismissed

The petitioner, a Scheduled Caste officer, was transferred from Kola to Mumbai on the ground of administrative necessity, despite his claim that the transfer was made on compassionate grounds and was therefore invalid. He contended that, under instructions to retain SC/ST officers near their …

MST. BHABIA DEVIversusPERMANAND PD. YADAV

1997 INSC 194Dismissed

The respondent filed a suit for specific performance against Mst. Bhabia Devi, and an ex‑parte decree was granted when she failed to appear. She later applied under Order IX Rule 13 of the CPC to set aside the decree, alleging that notice was not served because she was not residing at the alleged …

SHIBA KUMAR DUTTAND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 195Dismissed

The petitioners, employed as Fitters (T & G), sought to be merged with the Jig Borers category and to receive equal pay, alleging that the removal of separate nomenclatures and their fusion into a single Fitter category resulted in arbitrary and discriminatory treatment. The Central Administrative …

STATE OF GUJARATversusDAHYABHAI ZAVERBHAI

1997 INSC 196Appeal(s) allowed

The State of Gujarat entered into agreement No. B‑1/17 of 1981‑82 with the contractor Dahyabhai to carry out protective measures for a road bridge over the Ambica River. Although the work order was issued on 3 June 1981, the contractor delayed in receiving the work sheet and specifications and …

TARA CHAND VYASversusCHAIRMAN AND DISCIPLINARY AUTHORITY AND ORS.

1997 INSC 197Dismissed

The petitioner, a former Branch Manager of a Gramin Bank, was charged with fourteen counts of dereliction of duty for granting loans without securing adequate securities or ensuring supply of implements to borrowers, resulting in loss to the bank. An inquiry officer found all charges proved based on …

STATE OF U.P. AND ORS.versusAJAY KUMAR

1997 INSC 146Appeal(s) allowed

The respondent, Ajay Kumar, was appointed on a daily‑wage basis as a Class IV Nursing Orderly in a medical college on 14 February 1985. He filed a writ petition seeking regularisation, but the single judge held that no statutory rule or administrative instruction existed to convert his daily‑wage …

THE STATE OF TAMIL NADU AND ORS.versusA. GURUSAMY

1997 INSC 147Appeal(s) allowed

The respondent, A. Gurusamy, obtained a certificate in 1971 claiming Scheduled Tribe (Kattunaicken) status, which was later cancelled after an enquiry revealed he belonged to a Scheduled Caste (Thotti). He filed a civil suit seeking a declaration that he is a Scheduled Tribe; the trial court and …

STATE OF RAJASTHANversusR. DAYAL AND ORS.

1997 INSC 148Disposed off

The case concerned appointments of two engineers, B.S. Bhatnagar and H.L. Meena, to vacancies in the Rajasthan Service of Engineers (Building and Roads Branch) after the Rules were amended on 24 July 1995. The respondents challenged the appointments, arguing that the amended rules, which introduced …

UNION OF INDIA AND ORS. ETC.versusB. PRASAD, B.S.O., AND ORS. ETC .

1997 INSC 149Disposed off

The Supreme Court heard appeals arising from the Central Administrative Tribunal’s orders concerning the payment of Special Duty Allowance and Special Compensatory (Remote Locality) Allowance to defence civilian employees posted in the North‑Eastern region. The Union of India argued that the …

SADHVI RITUMBHARAversusDIGVIJA Y SINGH AND ANR.

1997 INSC 151

The Supreme Court disposed of an appeal from the Madhya Pradesh High Court and directed lower courts to decide the matter on its merits without being influenced by the High Court’s findings. After the order, M.P. Mishra, Assistant Director of Public Relations, issued a press release falsely stating …

VINAY PRAKASH AND ORS.versusSTATE OF BIHAR & ORS.

1997 INSC 152Dismissed

The petitioners, members of the Lohar community in Bihar, sought recognition as a Scheduled Tribe (ST) under the name "Lohara" based on a Presidential notification. The Supreme Court examined whether the erroneous inclusion of "Lohars" in the Hindi translation of the notification, absent in the …

SHRI RAM PRAKASHversusSMT. CHARAN KAUR AND ANR.

1997 INSC 89Dismissed

Both parties filed civil suits against each other for damages. The petitioner's suit was dismissed by the trial court, while the respondents' suit was also dismissed but later allowed on appeal, resulting in a decree for Rs. 24,875 in favour of the respondents. The petitioner filed a second appeal …

HANAMANTHAPPA AND ANR.versusCHANDRASHEKHARAPPA AND ORS.

1997 INSC 91Dismissed

The respondents originally filed suit O.S. No.158/94 in the District Munsiff Court, Navalagund, but the plaint was returned for lack of territorial jurisdiction. They amended the plaint and refiled it as O.S. No.10/91 in the Civil Court at Dharwad. The original plaintiffs filed an application under …

THEGOVERNMENT OF TAMIL NADU AND ANR.versusK. JA YARAMAN

1997 INSC 92Disposed off

The respondent, a government employee appointed in 1942 and regularized in 1945, tendered his resignation in June 1970 claiming a right to voluntary retirement after completing 25 years of service. The government accepted his resignation effective March 19, 1970. At that time, pension benefits …

THE STATE OF BIHAR AND ORS.versusSUBHASH SINGH

1997 INSC 93Dismissed

The State of Bihar filed a Special Leave Petition challenging a Patna High Court order that imposed personal costs on a government officer, Subhash Singh, for failing to comply with the High Court's directions within two months. The officer delayed compliance for one year and five months and offered …

AMITABH KUMAR AND ANR.versusDIRECTOR OF ESTATES AND ANR.

1997 INSC 94Dismissed

The case concerned a father who retired voluntarily from government service and whose son applied for an ad‑hoc allotment of government quarters in his place. The father failed to vacate the accommodation within the extended period granted by the department, leading to the withdrawal of the …

VALIAMMALversusR. PALANICHAMI NADAR AND ORS.

1997 INSC 95Dismissed

The petitioner sought to set aside the execution of a sale of two properties that had been ordered by the High Court after his mother’s earlier application under Order XXI, Rule 64 of the CPC was dismissed and became final. After his mother’s death, the petitioner filed an application under Section …

JAIPUR DEVELOPMENT AUTHORITYversusSITA RAM AND ORS.

1997 INSC 96Appeal(s) allowed

The Jaipur Development Authority (JDA) issued a notification under Section 52 of the Rajasthan Urban Improvement Act, 1959 in 1979 and later, after the JDA Act came into force, issued a fresh notification in 1984 to continue land acquisition under the repealed Act. Several writ petitions challenged …

JAYWANTRAJ PUNAMIYA AND ORS.versusM/S. H. CHOKSI AND CO. PVT. LTD.

1997 INSC 97Dismissed

The appeal arose from a Bombay High Court order refusing to record a compromise under Order 23, Rule 3 of the CPC. While the appeal was pending, the parties filed an application to record a compromise whereby they appointed Shri Mohanlal S. Mehta as a mediator to sell two flats and adjust the …

SUBHASH CHANDRA CHAUDHARI AND ORS.versusRAM MILAN AND ORS.

1997 INSC 82Dismissed

The appellants were granted a one‑year lease on 5 December 1994, which expired on 5 December 1995. The lease was cancelled by the Commissioner on 17 February 1995, but the State Government set aside that cancellation on 23 March 1995. The Government’s subsequent order was stayed by the High Court, …

STATE OF UTTAR PRADESHversusDR. DINA NATH SHUKLA AND ANR.

1997 INSC 83Disposed off

The State of Uttar Pradesh appealed against a High Court judgment that declared a government clarification on reservation in university recruitment invalid. The clarification treated the University of Allahabad and its colleges as a single unit for applying the Uttar Pradesh Public Services …

SH. MALAPRABHA CO-OP., SUGAR FACTORY LTD.versusUNION OF INDIA

1997 INSC 70Leave granted

The Supreme Court examined the fixation of levy‑sugar prices for the years 1974‑75 to 1979‑80 under Section 3(3‑C) of the Essential Commodities Act, 1955. Earlier the Court had directed the Government to amend the notifications to include the sugar producer’s liability under clause SA (5A) of the …

ASSISTANT COLLECTOR OF CUSTOMS AND ORS.versusANAM ELECTRICAL MANUFACTURING CO. ETC

1997 INSC 71Disposed off

The Assistant Collector of Customs appealed against Anam Electrical Manufacturing Co. challenging the levy of a ten‑percent surcharge and the handling of a refund claim under the Central Excise Act, 1944 and the Customs Act, 1962. The Supreme Court examined whether the surcharge could be upheld and, …

STATE OF U P . AND ORSversusSMT. DAMYANTI SINGH AND ORS.

1997 INSC 63Appeal(s) allowed

The appeal arose from a dispute over the appointment of Smt. Damyanti Singh as a teacher in Mahadeo Prasad Girls High School, which had been upgraded on July 14, 1977. The respondent claimed she was regularly appointed and therefore entitled to permanent status and arrears of salary under the U.P. …

PRAMOD KUMAR MANTRI AND ANR.versusSTATE OF ORISSA

1997 INSC 64Appeal(s) allowed

The State alleged that on 28 May 1988 three accused entered the house of the deceased Bauribandhu, assaulted him and dragged his body outside, leading to charges under Section 302 read with Section 149 IPC. The trial court convicted the appellants under Section 302 read with Section 34 IPC, and two …

J HINDUSTAN MACHINES TOOLS LTD. AND ANR.versusM.S. KANG/P.N. KASHYAP

1997 INSC 65Appeal(s) allowed

Hindustan Machine Tools Ltd. introduced a special voluntary retirement scheme for employees aged 45 with at least 15 years of service, and the respondents retired under this scheme. After their retirement, the company issued Office Order No. 45/90 revising pay scales for existing employees and …

HIMACHAL PRADESH NAGAR VIKAS PRADHIKARANversusM/S. AGGARWAL & CO.

1997 INSC 67Appeal(s) allowed

The Himachal Pradesh Nagar Vikas Pradhikaran (appellant) entered into a construction contract with Mis. Aggarwal & Co. (respondent). An arbitrator awarded the respondent a 25% increase over tendered rates for work completed after the stipulated date due to delay caused by the Executive Engineer. The …

SODAGAR SINGHversusSTATE OF PUNJAB AND ORS.

1997 INSC 54Dismissed

The petitioner, Sodagar Singh, was appointed on an ad‑hoc basis as a Legal Assistant in Punjab Roadways under the direct‑recruitment quota provided by Rule 8 and 9 of the Punjab Roadways (Ministerial) State Service Class‑III Rules, 1977. The Punjab & Haryana High Court held that such an ad‑hoc …

THIRUMALAI TRANSPORT SERVICE ETC.versusP. SAMIAPPA GOUNDER AND ORS. ETC.

1997 INSC 55Dismissed

The dispute arose over a permit granted by the Regional Development Authority under Motor Vehicles Rules Rule 155‑A(6). The Madras High Court held that the order was a nullity because it failed to record any reasons, as mandated by the rule. The appellants challenged this finding, contending that …

STATE OF HARYANA AND ANR. ETC.versusJOGINDER SINGH ETC

1997 INSC 56Appeal(s) allowed

The State of Haryana acquired 2,916 acres for a canal under the Land Acquisition Act, 1894. The District Judge fixed differentiated market values for abbi, barani and gair‑mumkin lands and, on reference under Section 18, enhanced the compensation. The Punjab & Haryana High Court single judge, …

M/S. SWASTIC INDUSTRIESversusMAHARASHTRA STATE ELECTRICITY BOARD

1997 INSC 57Dismissed

M/s Swastic Industries challenged the Maharashtra State Electricity Board’s right to issue a supplementary bill of Rs 317,659 and disconnect its electricity supply after the bill was paid under protest. The State Consumer Disputes Redressal Commission held that the Board’s claim was barred by a …

BHAKTA RAME GOWDA AND ORS. ETC.versusSTATE OF KARNATAKA AND ANR. ETC.

1997 INSC 58Appeal(s) allowed

The appellants challenged amendments to Karnataka Civil Services (General Recruitment) Rules, 1977 concerning reservation in promotion and the concept of backlog vacancies. The Supreme Court examined whether the first proviso added to Rule 8 could be applied retrospectively and whether the second …

STATE OF PUNJAB AND ANR.versusSWARAN SINGH

1997 INSC 59Appeal(s) allowed

The State of Punjab initiated disciplinary proceedings against Swarans Singh, who retired before the proceedings concluded. The disciplinary authority found misconduct and imposed a minor penalty, but the appellate authority on review imposed a 15% reduction in his pension. Singh filed a civil suit …

INCOME TAX OFFICER, JODHPURversusPURUSHOTTAM DAS BANGUR AND ANR.

1997 INSC 50Appeal(s) allowed

The Income Tax Officer had completed assessments for 1969-70 and 1971-72, accepting the assessee's claim of a long‑term capital loss on the sale of shares. Later, a letter from the Deputy Director of the Directorate of Inspection, supported by documentary evidence, indicated that the fair market …

M/S. ORIENT TRADING COMP ANY LIMITEDversusCOMMISSIONER OF INCOME TAX CALCUTTA

1997 INSC 48Dismissed

M/s Orient Trading Co. held 14,500 shares of Asiatic Oxygen & Acetylene Co. as stock-in-trade, valued at Rs 1,45,000. It exchanged these for 55,100 shares of Asiatic Oxygen Ltd. at a ratio of 38:10. The Income Tax Officer valued the received shares at Rs 5,51,000 (based on market price of Rs 10 per …

MIS. NEW KENILWORTH HOTEL (P) LTD.versusORISSA STATE FINANCE CORPORATION AND ORS.

1997 INSC 41Dismissed

M/s New Kenilworth Hotel filed a suit challenging actions of the Orissa State Finance Corporation under Section 29 of the State Financial Corporation Act and sought a permanent injunction to protect its possession of a hotel. The trial court granted a status‑quo order, which was later vacated by a …

STATE OF RAJASTHANversusDINESH KUMAR BHARTI

1997 INSC 42Appeal(s) allowed

The State of Rajasthan terminated the service of Dinesh Kumar Bharti, an ad‑hoc teacher appointed on 30 September 1970, after a Screening Committee under Rule 25 of the Rajasthan Service Rules, 1951 found him unfit for regularisation. Bharti challenged the termination; the trial court upheld it and …

STATE OF HARYANA AND ORS.versusAMAR NATH BANSAL

1997 INSC 32Appeal(s) allowed

Amar Nath Bansal, originally a civilian clerk in the Jind State Civil Service (1943), later served in the merged state of PEPSU, then Punjab, and finally Haryana. The Jind Service Regulations of 1945 fixed the retirement age at 62, but after the formation of PEPSU the Raj Pramukh issued Ordinances …

J.N. GOEL AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 26Dismissed

The case concerned the promotion of Assistant Engineers in the Central Public Works Department to the post of Executive Engineer. Under the 1954 Recruitment Rules, only graduate Assistant Engineers were eligible, but a 1972 proviso allowed diploma‑holder engineers with "outstanding ability and …

STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.

1997 INSC 27Appeal(s) allowed

The petitioners were Class III and IV employees appointed by the Central Government for the 1991 Census in Bihar, whose services were terminated after the census. They filed writ petitions seeking compulsory absorption in the Bihar State Government, relying on earlier letters and policy decisions of …

STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.

1997 INSC 28Appeal(s) allowed

The Supreme Court examined appeals by the State of Bihar against a Patna High Court order directing the absorption of Class III and IV employees who were temporarily appointed by the Central Government for the 1991 Census and whose services were terminated. The petitioners claimed they were state …

A.P. SAREEN AND ORS.versusSTATE OF U.P. AND ORS.

1997 INSC 18Disposed off

The appellants challenged the validity of a land acquisition proceeding where the government, invoking urgency, issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 27 July 1995 and later dispensed with the inquiry required under Section 5‑A by exercising power under Section …

SHIV KUMARI DEVENDRA OJHAversusRAMAJOR SHITLA PRASAD OJHA AND ORS.

1997 INSC 19Disposed off

The petitioner, a lady, filed a transfer petition seeking to move a succession application pending before the Civil Judge, Senior Division, Valsad, Gujarat, to the Civil Judge, Sadar, Pratapgarh, Uttar Pradesh, alleging difficulty in traveling and meeting expenses. The respondents offered to bear …

MIS INDIAN MAIZE AND CHEMICALS LTD.versusSTATE OF U.P. AND ORS.

1997 INSC 20Dismissed

Indian Maize and Chemicals Ltd obtained electricity supply from the Uttar Pradesh State Electricity Board under an agreement governed by the Indian Electricity Act, 1910. The company accrued arrears of Rs 49.95 lakh and, to avoid disconnection, agreed to pay the amount in twelve monthly instalments, …

S. NAGARAJANversusTHE DISTRICT COLLECTOR, SALEM AND ORS.

1997 INSC 21Dismissed

The appellant claimed Scheduled Tribe (Konda Reddy) status to obtain reservation benefits in the Central Civil Services Examination, but the Union Public Service Commission doubted his claim and ordered an enquiry. Multiple authorities—including the Deputy Tehsildar, Tehsildar, R.D.O., and the …

DHARAM PAL GOEL (DEAD) BY LRS.versusSTATE OF HARYANA AND ORS.

1997 INSC 24Dismissed

Dharam Pal Goel purchased about one bigha of land in Gurgaon and built a school on it in 1985. The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire the land for the public purpose of developing sectors, followed by a declaration under Section 6. …

STATE OF ORISSAversusDUTI SAHU AND ORS.

1997 INSC 25Appeal(s) allowed

The State of Orissa appealed against an Orissa High Court order that directed the issuance of timber transit permits to displaced persons who had been assigned land in a reserved forest for cultivation between 1982 and 1985. The assignment was conditioned that the standing trees on the land remained …

MAHMOOD HASAN AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1997 INSC 6Disposed off

The Supreme Court examined a massive promotion anomaly in the Uttar Pradesh Food and Civil Supplies Department where numerous junior clerks were promoted to Supply Inspector posts in violation of seniority rules, depriving senior employees of their rightful promotions. The petitioners argued that …

T.L. MADDUKRISHANA AND ANR.versusSMT. LALITHA RAMCHANDRA RAO

1997 INSC 2Dismissed

The appellants entered into a sale agreement for a plot of land with the respondents, fixing May 28, 1989 as the date for performance. The respondents repudiated the contract after the appellants had issued a notice to obtain tax clearance and urban ceiling authority permission. The appellants filed …

SITARAMACHARYA (DEAD) THROUGH LRS.versusGURURAJACHARYA (DEAD) THROUGH LRS.

1997 INSC 3Appeal(s) allowed

The appellant's father purchased a restaurant business in 1951 and placed the respondent in charge, later alleging mismanagement and filing a suit for declaration and rendition of account. In earlier proceedings the respondent admitted in his written statement that he managed the business and …

DIRECTOR, ELEMENTARY EDUCATION AND ORS.versusPRATAP KUMAR NAYAK

1997 INSC 4Appeal(s) allowed

The Supreme Court heard an appeal against an order of the Orissa Administrative Tribunal that, in a review proceeding, directed the appointment of the respondent, Pratap Kumar Nayak, as a regular primary school teacher despite his failure to meet the prescribed qualifications. The Tribunal had …

M.L. MUBARAK BASHA AND OTHERSversusMUNI NAIDU

1997 INSC 5Dismissed

The appellant, M.L. Mubarak Basha, appealed a Madras High Court decision confirming a public auction sale of a saw‑mill property, contending that the Commissioner of the court had no authority to fix the upset price. The sale had been conducted under Order XXI Rule 66 of the Civil Procedure Code, …

TAMIL NADU ELECTRICITY BOARD AND ANRversusN. RAJU REDDIAR AND ANR

1996 INSC 1530Dismissed

The Supreme Court dismissed an application for clarification filed by a new advocate after a Special Leave Petition (SLP) and a subsequent review petition had already been dismissed. The petitioner, Tamil Nadu Electricity Board, had originally engaged Advocate‑on‑Record Mr. Mariaputham, while the …

N. MOHANANversusSTATE OF KERALA AND ORS.

1996 INSC 1532Dismissed

The petitioner, an assistant in the Economics and Statistics Department, applied for a transfer to the post of Legal Assistant Grade II under Kerala Secretariat Subordinate Service Special Rules. He was placed at No.13 on a merit list prepared in 1989 but was not appointed despite existing …

BALBIR CHANDversusTHE FOOD CORPORATION OF INDIA LTD. AND ORS.

1996 INSC 1489Dismissed

The petitioner, a manager of the Food Corporation of India, was removed from service after a joint disciplinary enquiry found him guilty of dereliction of duty for failing to verify a fraudulent transport contract obtained by a notorious contractor impersonating another person. The petitioner …

P. THAMPANversusSTATE OF KERALA AND ANR.

1996 INSC 1490Appeal(s) allowed

The appellant, a Reserved Police Constable, applied for recruitment to the post of Sub‑Inspector under Government Order No. G.O. Ms. No. 55/66/HOME dated 11 February 1966, which permitted graduates employed in any branch of the police department and within the age limit to apply. He was rejected on …

UNION OF INDIA AND ORS.versusN.R. BANERJEE AND ORS.

1996 INSC 1491Dismissed

The case concerned promotion to the post of Senior General Manager in the Indian Ordinance Factories under the Indian Ordinance Factories Service Rules. The Union of India argued that the Central Administrative Tribunal erred by directing the government to ignore the Annual Confidential Reports …

STATE OF PUNJAB AND ORS.versusDHARAM SINGH

1996 INSC 1493Appeal(s) allowed

The State of Punjab initiated disciplinary action against Dharm Singh for failing to report for duty during his suspension from 21 November 1991 to 31 October 1992. An inquiry concluded that his absence was wilful, leading to his removal from service. The Punjab & Haryana High Court set aside the …

M/S COX AND KINGS LTD. AND ANR.versusSMT. CHANDER MALHOTRA

1996 INSC 1475Dismissed

The premises were originally leased to Cox & Kings (Agents) Ltd., a foreign company incorporated in the United Kingdom. After the Reserve Bank of India denied permission for the foreign company to continue its business under the Foreign Exchange Regulation Act, 1973, the leasehold interest was …

VIKRAM SHITOLE AND ANR.versusTHE M.P. STATE ROAD TRANSPORT CORPORATION AND ORS.

1996 INSC 1469Dismissed

The appellants, Vikram Shitole and others, held permits to operate stage carriages on the Gwalior‑Indore route, which had been notified as a frozen route under Section 68‑D(3) of the Motor Vehicles Act, 1939. A self‑employment scheme allowed unemployed graduates to run stage carriages on such routes …

STATE OF PUNJAB AND ORS.versusM/S SURINDER KUMAR AND CO. AND ORS.

1996 INSC 1470Appeal(s) allowed

The respondents, who held licences to sell Indian-made foreign liquor in Ludhiana, had their licences cancelled by the Excise Department on grounds of illegalities. They filed writ petitions alleging that the Minister for Excise acted mala fide in the cancellation. The Punjab & Haryana High Court …

PATEL BHUDARBHAI MAGANBHAI AND ANR.versusPATEL KHEMABHAI AMBARAM AND ORS.

1996 INSC 1471Dismissed

The dispute arose over a property mortgaged by widow Bai Jivi in 1911; after her death in 1955 the property passed to her daughter Hati, who filed a suit for redemption of the mortgage. The trial court dismissed the suit, but the Additional District Judge decreed in favour of the respondents, …

PARBATI DEVIversusPURNA PATRA AND ORS.

1996 INSC 1473Appeal(s) allowed

The appellant purchased a one‑fourth share of land that had been auctioned in 1938 to Babu Suryanarayan, who obtained possession and later sold the same share to Hemamali Devi, who in turn sold it to the appellant in 1950. The appellant filed a suit for partition of that share, and the trial court …

FARIDABAD COMPLEX ADMINISTRATIONversusYADU ETC.

1996 INSC 1474Appeal(s) allowed

Biharilal and Mahipal constructed shops on land owned by Ballabgarh Municipality and were served notices under Section 208 of the Haryana Municipalities Act, 1973 for unauthorized construction. They later sold the land to the respondents, who sued the Faridabad Complex Administration (successor to …

SHEOJI MAHTO AND ORS.versusTHE ADDITIONAL MEMBER, BOARD OF REVENUE AND ORS.

1996 INSC 1461Appeal(s) allowed

The appellants, who were raiyats holding land adjoining a parcel sold by the respondents, filed an application for pre-emption under Section 16(3)(i) of the Bihar Lands Ceiling Act within three months of the sale deed's registration. The Collector rejected the application, and the Patna High Court …

MAJOR YOGENDERA NARAIN YADAV ETC.versusSHRI BINDESHWAR PRASAD AND ORS. ETC.

1996 INSC 1462Appeal(s) allowed

Major Yogendra Narain Yadav, a demobilised short‑commissioned army officer, was appointed a permanent Assistant Engineer in the Bihar Roads and Buildings Department with seniority back‑dated to 15 April 1963 under a 1969 Government circular. Several respondents, initially appointed as temporary …

MAJOR SINGHversusRATTAN SINGH (DEAD) BY LRS. AND ORS.

1996 INSC 1464Dismissed

Daulat Singh executed a Will in 1974 bequeathing his property to his brother Rattan Singh, who died shortly thereafter. The appellant, a sister, challenged the Will and the respondents filed a suit for declaration based on it. The trial court dismissed the suit, a first appellate court affirmed, but …

HARI SHAMRAO HIMJE AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 1447Appeal(s) allowed

The appellants, who were promoted from Data Processing Assistants to Data Processing Supervisors, were placed in the entry‑level Grade ‘A’ (pay Rs.1600‑2600) instead of the higher promotional Grade ‘B’ (pay Rs.2000‑3300). They contended that this classification was unjust and sought to be fitted …

UNION OF INDIA AND ORS.versusA.J. FABIAN

1996 INSC 1448Appeal(s) allowed

The respondent, a retired railway chief inspector, was given six opportunities to switch from the Provident Fund Scheme to the Pension Scheme but never exercised the option. In 1993 he applied to be allowed to opt for the pension scheme; the Government rejected the request and he filed a petition …

DHIRENDER SINGH ETCversusSTATE OF HARYANA AND ORS.

1996 INSC 1449Dismissed

The appellants, police officers, were promoted on an ad‑hoc basis under the sports quota by the Superintendent of Police on 16 January 1990, without the required approval of the DIG. The promotion order stipulated that the officers could be reverted at any time without notice and without seniority …

DR. BALJIT SINGHversusSTATE OF HARYANA

1996 INSC 1450Dismissed

Dr. Baljit Singh, a H.C.M.S.-II officer, gave a three‑month notice of voluntary retirement under Rule 5.32(b) of the Punjab Civil Service Rules on 20 September 1993 and handed over his charge on 11 February 1994 without the government's acceptance. The Government declined to accept his retirement …

SMT. SANJUKTA PATTANAIKversusSTATE OF ORISSA AND ORS.

1996 INSC 1451Dismissed

Sanjukta Pattanaik was appointed as a clerk in 1974 and later was kept in charge of a teaching post in 1990. She claimed that this temporary charge made her a teacher and filed a writ petition, obtaining provisional approval from the Director of Education in 1992. The State challenged her claim, and …

NASIK MUNICIPAL CORPORATIONversusHARBANSLAL LAIKWANT RAJPAL AND ORS. ETC.

1996 INSC 1452Appeal(s) allowed

The case concerned a scheme under the Maharashtra Regional & Town Planning Act, 1966 for reserving land for stables and a road, which was later modified to reserve the same land for informal housing and stables. The original reservation was deleted and a corrigendum restored the status quo ante with …

DR. NARINDER SINGH POONIAversusUNION OF INDIA AND ORS.

1996 INSC 1453Disposed off

Dr. Narinder Singh Poonia, a researcher, was conducting a DST‑funded project titled "Chemical, Physico‑Chemical, Structural and theoretical investigations of alkali and alkaline earth cation systems…". The Department of Science and Technology (DST) terminated the grant under condition XIII, which …

STATE OF PUNJAB AND ORS.versusGURSHARAN SINGH AND ORS.

1996 INSC 1443Disposed off

The Government Engineering College in Bhatinda was transferred to an autonomous society in 1992. The college’s staff, who were government employees, filed writ petitions seeking absorption into regular government service rather than being transferred to the society. The Punjab & Haryana High Court …

BABY AMMALversusRAJAN ASARI

1996 INSC 1422Appeal(s) allowed

The appellant, Baby Ammal, owned a property in Trivandrum and filed a suit for possession and a declaration that the respondent, Rajan Asari, was merely a licensee. The trial court decreed in favour of the appellant, but the Kerala High Court reversed the decision, holding that a deed executed in …

MASJID FARKUNDA MOSQUEversusHAMED BASHA AND ORS.

1996 INSC 1423Dismissed

The appellant, Masjid Farikunda Mosque, filed a suit for ejectment and possession of a house, claiming it had purchased the super‑structure in 1975 from Mohd. Hussain. The third respondent had earlier bought the same land and super‑structure by a registered sale deed in 1969, making him the true …

GHAZIABAD DEVELOPMENT AUTHORITY, GHAZIABADversusSMT. JAIMALA

1996 INSC 1424Appeal(s) allowed

The trial court passed a decree in favour of the respondent, which the appellant sought to execute. While the decree was being executed, the respondent filed a revision and the High Court stayed the execution. Counsel for the appellant, unaware of the stay, claimed no revision was filed, leading the …

MANOJ BEHARI LAL MATHUR AND ANR.versusDR. SHANTI MATHUR AND ORS.

1996 INSC 1425Dismissed

The appellants' mother filed a suit for perpetual injunction against Dr. Shanti Mathur to prevent alienation of a family property, later filing suits for partition and for a declaration that Dr. Mathur was a benamidar and the property belonged to the joint family. An application was made to amend …

BASHIR MUSA PATELversusSATYAWAN GANPAT .JAWKAR AND ORS.

1996 INSC 1426Appeal(s) allowed

The respondents filed an election petition alleging corrupt practices by the appellant, Bashir Musa Patel, under the Representation of the People Act, 1951. The petition was found to lack the specific particulars required by Section 86(5) of the Act. The Bombay High Court, while acknowledging the …

STATE OF ORISSA AND ORS.versusSUKANTI DEBI

1996 INSC 1427Appeal(s) allowed

The Central Administrative Tribunal directed the appointment of Sukanti Debi as a Hindi Teacher in a third post, even though the post was not sanctioned and the need for such an appointment was not recognised by the education department. The State of Orissa challenged the validity of that direction, …

G. DEENDAYALAN AMBEDKARversusUNION OF INDIA AND ORS.

1996 INSC 1413Dismissed

The appellant, selected as an Assistant Station Master, argued that his seniority over two respondents should be based on his earlier completion of training, invoking Rule 303(1)(a) of the Railway Establishment Code which he said mandates seniority from the date of training completion. The …

DISTRICT TRANSPORT MANAGER (ADMN.) O.S.R.T.C., ORISSAversusDILIP KUMAR NAYAK AND ANR.

1996 INSC 1414Disposed off

The respondent, a conductor employed in the Baripada zone of the Orissa State Road Transport Corporation, was dismissed for misconduct while an industrial dispute involving an employee in the Bhadrak zone was pending before the Industrial Tribunal. The respondent sought relief under Section 33(1)(a) …

UNION OF INDIA AND ORS.versusSMT. V.P. PARUKUTTY

1996 INSC 1415Disposed off

The case concerned the termination of Smt. V.P. Parukutty's appointment as an agent under the Mahila Pradhan Kshetriya Bachat Yojana because she was the brother of a post‑office employee, contrary to a 1981 government circular prohibiting near relatives from being appointed by the post‑master. She …

NELLIKKOTU KOLLERIYIL MADHAVIversusKAVAKKALATHIL KALIKUTTY AND ORS.

1996 INSC 1416Dismissed

The respondents purchased a schedule property in execution of a decree and were issued a sale certificate and possession. They later assigned the property to the plaintiff and sought a perpetual injunction to prevent the appellant from interfering with possession. The trial and appellate courts had …

STATE OF TAMIL NADU AND ORS. ETC.versusS. THANGAVEL AND ORS. ETC.

1996 INSC 1418Dismissed

The Supreme Court examined whether the Tamil Nadu Government could prepare a supplementary promotion list after an annual list had been prepared, despite no vacancies existing on the prescribed date, when new posts were later created due to administrative reorganisation. It held that the Rules do …

THE STATE OF WEST BENGAL AND ANR.versusKAILASH CHANDRA KAPUR AND ORS.

1996 INSC 1419Dismissed

The State of West Bengal granted a 999‑year lease of a plot in Salt Lake to Tapan Kumar Mullick, who later bequeathed the leasehold interest to a stranger, K.C. Kapur, by will. After Mullick's death, Kapur obtained probate and applied to have his name entered as lessee, which the High Court ordered …

J.S. CHHABRA ETC.versusSTATE OF M.P. AND ORS. ETC.

1996 INSC 1404

The Madhya Pradesh Government, unable to fill lecturer posts through the Public Service Commission, upgraded 21 casualty medical officer (CMO) posts to the lecturer grade and appointed doctors on an ad‑hoc basis in 1971. Their services were later regularised under the M.P. Regularisation of Ad‑hoc …

ANIL KUMAR MITRA AND ORS.versusGANENDRA NATH MITRA AND ORS.

1996 INSC 1408Dismissed

The dispute concerned a property in Calcutta originally owned jointly by brothers Haridas and Gunendra. Haridas mortgaged his share to Rabindra Nath Bose, who eventually purchased it after a foreclosure suit. A preliminary decree dated 17 December 1931 in a partition suit against Bose severed the …

VEMULA SIVIAH NAIDUversusSTATE OF AP. AND ANR.

1996 INSC 1409Appeal(s) allowed

The Supreme Court examined whether a member of a joint family who, by partition, undertook to discharge a government loan taken by another family member, qualifies as a "defaulter" under Section 5 of the Andhra Pradesh Revenue Recovery Act, 1894. The joint family property had been hypothecated to …

SOVRIN KNIT WORKS ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.

1996 INSC 1410Dismissed

Sovrin Knit Works and other establishments, covered under the Employees' State Insurance Act, 1948, failed to pay the statutory contribution for the year 1980-81. The Employees' State Insurance Corporation (ESIC) issued a notice on 31 December 1982 demanding damages and interest for the delayed …