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G T NANAVATI

250 judgments · newest first · showing 201–250

SMT. ZUBEDA BEGUM ETC.versusSYED SHAH KHURSHEED AHMAD HASHMI AND ORS. ETC.

1996 INSC 1411Dismissed

Nawab Sir Mohammad Yusuf executed a wakfnama on 5 April 1956, dedicating his properties as a waqf and appointing himself as Mutawalli, with his nephew Syed Shah Hashmi as successor. After his death, his widow Smt. Zubeda Begum sued for cancellation of the wakfnama and possession of the properties, …

STATE OF JAMMU AND KASHMIRversusROMESH CHANDER AND ORS.

1996 INSC 1393Appeal(s) allowed

The State of Jammu & Kashmir sued Romesh Chander and others for allegedly extracting timber from a demarcated forest in violation of the Jammu & Kashmir State Nationalisation of Forest Working Act, 1985 and the subsequent Ordinance/Act of 1986‑87. A charge‑sheet was filed against the lessees and …

CHARAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.

1996 INSC 1394Disposed off

Charan Singh, a Scheduled Caste member, was granted a ten‑year lease of uncultivable waste land under the Nazool Land Rules, 1956, which he reclaimed, cultivated and equipped with a tube‑well. After the lease expired in 1972 he remained in possession, but the Government initiated eviction …

SITA RAM BANSAL AND ORS. ETC. ETC.versusSTATE OF PUNJAB AND ORS. ETC. ETC.

1996 INSC 1395Dismissed

The petitioners, non‑provincialised employees of municipal committees, challenged a government pension scheme that was introduced on 1 April 1990 for All India Gazetted and Punjab Civil Services officers and later extended to non‑provincialised staff on 28 July 1994. They argued that the cut‑off …

JAGTAR SINGHversusPARGAT SINGH AND ORS.

1996 INSC 1396Dismissed

The elder brother of the petitioner filed a declaratory suit seeking to declare a 1990 decree null and void, which had been upheld by the Subordinate Judge, Hoshiarpur. The petitioner appealed the decree to the Additional District Judge, but his counsel, on 15 September 1995, announced that the …

WALTER LOUIS FRANKLIN (DEAD) THROUGH LRS.versusGEORGE SINGH (DEAD) THROUGH LRS.

1996 INSC 1399Appeal(s) allowed

The appellant, Walter Louis Franklin, purchased plot No. 15/45 from a church in 1937 and had been in possession, using it for poultry farming and occasional sleeping. He filed a suit for perpetual injunction under Section 38 of the Specific Relief Act, 1963, to restrain the respondent, George Singh, …

THE COMMISSIONER OF POLICE, BOMBAY AND ANR.versusBHAGWAN V. LAHANE

1996 INSC 1385Appeal(s) allowed

Bhagwan V. Lahane was appointed Sub‑Inspector in 1976 with his date of birth recorded as 12 Nov 1948 based on the school‑leaving certificate he submitted at entry. In 1982 he claimed his correct birth date was 6 June 1951 and applied for correction under Rule 36 of the Maharashtra Civil Services …

SATYA PAL AND ORS.versusTHE STATE OF U.P. AND ORS.

1996 INSC 1386

The appeal concerned the acquisition of land under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965. The central question was whether the Land Acquisition (Amendment) Act, 68 of 1984, and its Section 11‑A, applied to such acquisitions. Earlier Supreme Court decisions were split, but later …

STATE OF HARYANA AND ANR.versusRAVI BALA AND ORS.

1996 INSC 1387Appeal(s) allowed

The respondents, appointed as Junior Basic Teachers, later obtained B.T./E.Ed. qualifications and claimed entitlement to higher pay scales based on a 1957 Punjab circular. The High Court allowed their claim, but the State appealed, citing the Government of Haryana's policy instruction dated 9 March …

TEHRI HYDRO DEVELOPMENT CORPORATIONversusSH. S.P. SINGH AND ORS.

1996 INSC 1389Appeal(s) allowed

The Supreme Court heard an appeal by Tehri Hydro Development Corporation against a decree of the Allahabad High Court that reduced compensation for land acquired under the Land Acquisition Act, 1894 and awarded separate compensation for buildings, factories and machinery. The issue was whether the …

SIR SHADILAL DISTILLERY AND CHEMICALS WORKSversusTHE STATE OF U.P. AND OTHERS.

1996 INSC 1390Appeal(s) allowed

The Commissioner invited tenders for supply of country‑made liquor in Uttar Pradesh for 1996‑97 and on 27 Feb 1996 allotted the districts of Saharanpur and Haridwar to Co‑operative Distillery Co. Ltd. (the third respondent). On 27 Mar 1996 the Commissioner revoked that allotment and re‑allotted …

C.S. VENKATASUBRAMANIANversusSTATE BANK OF INDIA

1996 INSC 1366Disposed off

The appellant, an advocate, represented State Bank of India in a suit to recover a sum of Rs. 2.42 crore. He issued a public notice that was contrary to the bank's interests, causing the bank to lose confidence in him and request a No Objection Certificate to engage new counsel. The advocate …

MRINALINI ROY RATNA PROVA MONDAL AND ORS.versusSTATE OF WEST BENGAL AND ORS.

1996 INSC 1367Dismissed

The Supreme Court examined a notification under Section 4(1) of the Land Acquisition Act, 1894 for the reclamation of tank fisheries covering about 1,495.93 acres. The petitioners argued that "land" under Section 3(a) does not include tank fisheries and that the acquisition was not for a public …

N. VENKATESWARA RAO AND ORS ETC.versusS.T.A. AND ORS. ETC.

1996 INSC 1368Dismissed

The appellants, owners of three‑axle transport vehicles, challenged a Central Government notification dated 18 October 1996 that prescribed maximum gross vehicle weight and maximum safe axle weight under Section 58(1) of the Motor Vehicles Act, 1988. They argued that the phrase "whichever is less" …

M/S. NATIONAL INSURANCE CO. LTD.versusSMT. JIKUBHAI NATHUJI DABHI AND ORS.

1996 INSC 1346Appeal(s) allowed

The appellant, Mis. National Insurance Co. Ltd., sought to deny liability for an accident that occurred on 25 October 1983 at 11:14 a.m. The motor insurance policy had a renewal premium due on 14 October 1983, which was paid late on 25 October 1983 at 4:00 p.m. The policy expressly stated that …

M/S SANT RAM AND COMPANYversusTHE STATE OF RAJASTHAN AND ORS.

1996 INSC 1347Dismissed

The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against …

NARAYAN DATTATRAYA RAMTEERTHAKHARversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1348Dismissed

The petitioner, a government servant, was found to have misappropriated Rs. 1,440 deducted from employees and only deposited it after being compelled in 1985. An enquiry officer held him guilty of misconduct, leading the disciplinary authority to remove him from service. The petitioner challenged …

LAND ACQUISITION OFFICER, HYDERABAD ETC.versusMALE PULLAMMA AND ORS. ETC.

1996 INSC 421Dismissed

The Supreme Court examined an appeal concerning the acquisition of 89 acres of agricultural land in Siddanti village, Andhra Pradesh, under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer and lower courts had progressively increased compensation, with the High Court …

KARNAL IMPROVEMENT TRUSTversusRAM PARKASH AND ORS.

1996 INSC 422Disposed off

The case arose from a land acquisition proceeding under the Land Acquisition Act, 1894 where the compensation award made by the Tribunal was challenged. The award had been passed by the President of the Tribunal without the participation of the other members, rendering it illegal and non est. While …

STATE OF WEST BENGAL AND ORS.versusTROPICAL SCHOOL EMPLOYEES UNION AND ORS.

1996 INSC 423Appeal(s) allowed

The Carmichael Institute for Tropical Diseases, taken over by the West Bengal Government in 1971, created separate cadres for non‑medical technical staff (Group C) and class‑IV staff (Group D). The Government, following the Second Pay Commission, granted UGC pay scales only to non‑gazetted teaching …

STATE OF GOA AND ANR.versusSMT. S.A. ABDUL KARIM ETC. ETC.

1996 INSC 393Appeal(s) allowed

The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After …

MASIPATLA RAGHAVULUversusTHE REVENUE DIVISIONAL OFFICER, LAO, PEDDAPALLI

1996 INSC 394Appeal(s) allowed

The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision …

M. RAMJAYARAMversusGENERAL MANAGER, SOUTH CENTRAL RAILWAY AND ORS.

1996 INSC 395Appeal(s) allowed

M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total …

SEETHAMMALversusSENTHIL FINANCE AND ANR.

1996 INSC 396Appeal(s) allowed

In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the …

SMT. BASAVVA AND ORS. ETC.versusTHE SPL. LAND ACQUISITION OFFICER, AND ORS.

1996 INSC 397Dismissed

The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% …

V.G. KULKARNIversusTHE SPL. LAND ACQUISITION OFFICER

1996 INSC 399Dismissed

The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the …

ISHWARLAL PREMCHAND SHAH AND ORS.versusSTATE OF GUJARAT AND ORS.

1996 INSC 400Dismissed

The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of …

HINDUSTAN SHIPYARD LTD. AND ORS.versusDR. P. SAMASIVA RAO ETC.

1996 INSC 152Appeal(s) allowed

Three medical officers were appointed on an ad‑hoc basis by Hindustan Shipyard Ltd. and later sought regularisation and parity pay. The Andhra Pradesh High Court directed that they be regularised with effect from 1 April 1986 and that they receive regular pay scales. On appeal, the Supreme Court …

VINEET KUMAR MATHURversusUNION OF INDIA AND ORS.

1996 INSC 118Disposed off

The Supreme Court had ordered the closure of Mohan Meakin's plant on 1 April 1993 for failure to meet anti‑pollution standards. The company’s managing director and CEO operated the plant from 7‑11 April and later obtained a consent from the Uttar Pradesh Pollution Control Board on 21 April, …

STATE OF HARYANA AND ORS.versusD.L. UPPAL

1996 INSC 106Appeal(s) allowed

The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending …

AHMEDABAD MUNICIPAL CORPN. ETC. ETC.versusSHARDABEN AND ORS. ETC. ETC.

1996 INSC 107Dismissed

The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the …

RAM SARANversusPYARE LAL AND ANR.

1996 INSC 74Appeal(s) allowed

The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control …

CHIEF OF NAVAL STAFF AND ANR.versusG. GOPALAKRISHNA PILLAI AND ORS.

1995 INSC 866Appeal(s) allowed

G. Gopalakrishna Pillai was initially appointed on an ad hoc basis as Storekeeper in the Navy and later regularised in the same post. He claimed seniority from the date he first started officiating, but the Department granted seniority only from the date of regularisation. The Central Administrative …

STATE OF PUNJABversusGURDIP SINGH AND ORS.

1995 INSC 846Dismissed

The State of Punjab alleged that the young bride Jyoti Bala was subjected to dowry demands and maltreatment by her husband Gurdip Kumar and his family, leading her to commit suicide by self‑immolation. The trial court convicted the accused under Section 306 of the Indian Penal Code for abetting …

DURGESH CHANDRA SAHAversusBIMALCHANDRA SAHA & ORS.

1995 INSC 778Appeal(s) allowed

The appellant, Durgesh Chandra Saha, lodged a complaint that led to a police investigation completed on 8 February 1988 and a charge‑sheet filed under several IPC sections. The respondents, Bimalchandra Saha and others, sought discharge on the ground that the West Bengal Amendment Act (Act 24 of …

SAMA ALANA ABDULLAversusSTATE OF GUJARAT

1995 INSC 739Dismissed

The appellant, Sama Alana Abdulla, was accused of passing a BSF‑prepared map of an underground water pipeline to Pakistani intelligence. During a raid, police recovered the map from his house; a surviving panch witness did not corroborate the recovery, while two police officers who were part of the …

BRISA MUNDAversusCHANDO KUMARI @ MOST DUMARI AND ORS.

1995 INSC 746Appeal(s) allowed

The appellant, a tribal resident of Chhotanagpur, filed an application under section 46(4)(a) of the Chhota Nagpur Tenancy Act, 1908 seeking possession of land that his father had surrendered and which was subsequently settled in favour of the respondents. The Deputy Commissioner rejected the …

VINEET KUMAR MATHURversusUNION OF INDIA AND ORS.

1995 INSC 698Disposed off

The petitioner highlighted severe pollution of the Gomti River caused by several industries, including Mohan Meakins Breweries, and the Supreme Court ordered on 15 January 1993 that these units must rectify deficiencies in their effluent treatment plants by 21 March 1993 or cease operations. Mohan …

MOHAN LALversusKARTAR SINGH AND ORS.

1995 INSC 631Appeal(s) allowed

Mohan Lal, the father of the respondents, sued Kartar Singh for possession of land, claiming ownership and that an eviction order under Section 43 of the Pepsu Tenancy and Agricultural Lands Act, 1955, was void. The lower courts held that the landlord‑tenant relationship had ended and the Collector …

UNION OF INDIA AND ORS.versusSH. IQBAL SINGH CHEEMA

1995 INSC 630Disposed off

Sh. Iqbal Singh Cheema, a Commandant (Selection Grade) in the Border Security Force, was convicted of corruption in a Court Martial under the Border Security Force Act, 1968. The Court Martial initially proposed forfeiture of seven years' service for promotion and pension benefits, but instead …

SH. HUKAM CHAND KHUNDIAversusCHANDIGARH ADMINISTRATION AND ANR.

1995 INSC 607Dismissed

Hukam Chand Khundia was appointed as a temporary clerk on probation in the District and Sessions Court, Chandigarh. His services were deemed unsatisfactory and his integrity questioned, leading to a termination order without any enquiry. He challenged the order before the Central Administrative …

WARIYAM SINGH AND ORS.versusSTATE OF U.P.

1995 INSC 584Dismissed

The appellants were convicted under Section 120B IPC and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 for a shooting incident that resulted in death. They challenged the conviction on several grounds, chiefly that the confessional statements were not sent to the …

S.K. KAMDAR AND ANR.versusSTATE OF MAHARASHTRA

1995 INSC 540Dismissed

The appellants were charged with violations of the Foreign Exchange Regulation Act, 1947 and the Indian Penal Code section 120‑B. A complaint was filed under the corresponding provisions of the Foreign Exchange Regulation Act, 1973. The trial court dismissed the complaint, holding that the 1947 and …

BHARWAD JAKSHIBHAI NAGJIBHAI AND ORS. ETC.versusTHE STATE OF GUJARAT ETC.

1995 INSC 488Dismissed

In June 1981 a mob of 40‑50 Bharwad community members armed with sticks and dharias attacked three Patel individuals, killing one and injuring two. The trial court acquitted all fifteen accused, treating each assault as unrelated and discounting eye‑witness testimony. On appeal, the Gujarat High …