MRS. NEERA MATHURversusLIFE INSURANCE CORPORATION OF INDIA AND ANR.
1991 INSC 28231 October 1991Appeal(s) allowed
Mrs. Neera Mathur applied for and was appointed as an Assistant in the Life Insurance Corporation of India, undergoing a medical examination and a six‑month probation. She took maternity leave during her probation and gave birth in January 1990. The Corporation discharged her on 13 February 1990 without assigning any r…
KARNAL LEATHER KARAMCHARI SANGHATAN (REGD.)versusLIBERTY FOOTWEAR COMPANY (REGD.) & ORS.
1989 INSC 26131 August 1989Disposed off
The workers' union (Karnal Leather Karamchar Sanghatan) and Liberty Footwear Company entered into a voluntary arbitration agreement under Section 10‑A of the Industrial Disputes Act, 1947. The arbitrators awarded reinstatement of 159 workers, but the employer challenged the award, arguing procedural irregularities and …
UNION OF INDIA AND ORSversusFILIP TIAGO DE GAMA OF VEDEM VASCO DE GAMA
1989 INSC 36830 November 1989Case Partly allowed
The Union of India sought to acquire land belonging to Filip Tiago de Gama for a naval air station. The Collector awarded compensation at 40 paise per square metre with a 15% solatium; the District Judge later increased compensation to Rs.3 per square metre and retained the 15% solatium. On appeal, the Bombay High Cour…
NAGARAJ SHIV ARAO KARJAGIversusSYNDICATE BANK HEAD OFFICE MANIPAL AND ANR.
1991 INSC 12130 April 1991Appeal(s) allowed
The petitioner, a manager of Syndicate Bank, was found to have discounted a Rs 50,000 cheque for a colleague and retained the instrument for two months before the amount was recovered with interest. A departmental inquiry under the Syndicate Bank Officer Employees (Discipline & Appeal) Regulations, 1976, conducted by a…
DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, ANDHRA PRADESH, HYDERABAD AND ORS.versusK. RATNAGIRI
1990 INSC 11630 March 1990Appeal(s) allowed
The Director General of Police suspended Circle Inspector K. Ratnagiri pending prosecution for the death of a detainee in police lock‑up. The Andhra Pradesh Administrative Tribunal set aside the suspension, holding it invalid after six months and that the DGP lacked authority to suspend pending prosecution. On appeal, …
ANIRUDHA RAMAKRISHNA KARLEKARversusSMT. JANKIBAI R. BEDEKAR
1991 INSC 1829 January 1991Dismissed
The landlord sought eviction of a shop tenant under Section 13(1)(c) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had been convicted of using the premises for illegal purposes. The tenant, who ran a sweet‑meats and farsan shop, had three convictions under the Prevention …
INDORE MUNICIPAL CORPORATIONversusGUJARAT CO-OPERATIVE HOUSING SOCIETY LTD. & ANR.
1991 INSC 31828 November 1991Dismissed
The Indore Municipal Corporation issued bills and notices demanding payment of lighting rate and drainage tax based on the annual letting value calculated under the Madhya Pradesh Sthawar Sampatti Kar Adhiniyam, 1964, rather than the method prescribed in Section 138 of the Madhya Pradesh Municipal Corporation Act, 1956…
SHREE BHARAT LAXMI WOOL STORE, PANIPAT AND ORS.versusPUNJAB NATIONAL BANK AND ANR.
1991 INSC 31928 November 1991Disposed off
Punjab National Bank sued Shree Bharat Laxmi Wool Store for Rs.81,137.39. The Sub‑Judge decreed interest at the contractual rate of 10½% from the date of suit to realization. On appeal, the district court reduced the future interest to 6% per annum, but the High Court restored the 10½% rate. The Supreme Court examined …
JASWANT SINGHversusSTATE OF PUNJAB AND ORS.
1990 INSC 36827 November 1990Appeal(s) allowed
Jaswant Singh, a police constable, was dismissed by the Assistant Inspector‑General of Police under Punjab Police Rules on the ground that he threatened to obstruct any departmental enquiry and to harm witnesses. The authority invoked clause (b) of the second proviso to Article 311(2) of the Constitution, claiming it w…
JAGTAR SINGHversusSTATE OF PUNJAB & ORS.
1988 INSC 2327 January 1988Appeal(s) allowed
The deceased Kamail Singh was attacked by his neighbour Paul Singh, who struck him repeatedly on the head with the handle of a tractor, causing his death. Two eyewitnesses, Jagtar Singh and Kuldip Singh, were present and identified the accused, and the tractor handle recovered from the scene was found to be stained wit…
FOOD CORPORATION OF INDIAversusPROVIDENT FUND COMMISSIONER AND ANR.
1989 INSC 32826 October 1989Appeal(s) allowed
The Food Corporation of India (FCI) was directed by the Employees’ Provident Fund (EPF) Commissioner to deposit contributions for workers employed by contractors at its depots in Rajasthan. FCI contended that it was denied a reasonable opportunity to produce evidence identifying those workers because the Commissioner n…
AJIT SINGHversusCHIEF ELECTION COMMISSIONER OF INDIA & ORS.
1989 INSC 29226 September 1989Dismissed
Ajit Singh, a former Private Secretary to the Deputy Election Commissioner, challenged the appointment of M.L. Sarad as Private Secretary to the Chief Election Commissioner, alleging that the appointment violated the 1974 Recruitment Rules and that the 1979 amendment of those rules was mala fide and conferred arbitrary…
B.R. SINGH & ORS. ETC. ETC.versusUNION OF INDIA & ORS.
1989 INSC 29326 September 1989Case Allowed
The Trade Fair Authority of India Employees' Union demanded housing, regularisation of casual workers and wage revision, but management failed to act, leading the Union to call a one‑day strike on 21 January 1987 after a denied request for a general body meeting. Management responded by suspending and later dismissing …
REGIONAL DIRECTOR, EMPLOYEE'S STATE INSURANCE CORPORATIONversusHIGH LAND COFFEE WORKS OF P.F.X. SALDANHA AND SONS AND ANR
1991 INSC 16526 July 1991Dismissed
The Regional Director of the Employees' State Insurance Corporation sought contributions from the factories of High Land Coffee Works and Sons under the Employees' State Insurance Act, 1948. Section 1(4) of the Act excludes "seasonal factories," defined in Section 2(12). The factories were originally classified as seas…
RAJNIKANT JIVANLAL PATEL & ANOTHERversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU NEW DELHI.
1989 INSC 19726 June 1989Dismissed
The petitioners were arrested in March 1988 for alleged narcotics offences and were remanded to jail. Because the charge-sheet was filed after the statutory 90‑day period, the Chief Metropolitan Magistrate released them on bail under proviso (a) to Section 167(2) of the Criminal Procedure Code. After the charge-sheet w…
DISTRICT EXHIBITORS ASSOCIATION MUZAFFARNAGAR AND ORS.versusUNION OF INDIA AND ORS.
1991 INSC 11325 April 1991Case Partly allowed
The District Exhibitors Association and other cinema theatre owners challenged a 30 April 1986 Government Notification that retrospectively extended the Employees' Provident Funds Scheme to cinema theatres employing five or more workers from 1 October 1984. They argued that the Notification was ultra vires, that the Ac…
UCO BANKversusHEM CHANDRA SARKAR
1990 INSC 16025 April 1990Dismissed
The plaintiff, a textile dealer, maintained a current account with UCO Bank and alleged an oral agreement that the bank would receive, store and deliver his goods, acting as his trustee or agent. He paid for the goods but the bank failed to deliver them, leading to a suit for damages and delivery. The trial court and H…
MUNICIPAL CORPORATION, JABALPURversusKRISHI UPAJ MANDI SAMITI AND ANR.
1990 INSC 1725 January 1990Appeal(s) allowed
The Jabalpur Municipal Corporation levied property, sanitation, water, electricity and development taxes on buildings within a market (Mandi) administered by the Krishi Upaj Mandi Samiti, which claimed the corporation lacked jurisdiction. The corporation commenced recovery proceedings; the Samiti filed a petition under…
DUTTA CYCLE STORES & ORS.versusSMT. GITA DEVI SULTANIA & ORS.
1990 INSC 1825 January 1990Appeal(s) allowed
The widowed plaintiff and her children sued Dutta Cycle Stores for eviction under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, alleging arrears of rent for February 1974 and May‑August 1974. The trial court and the appellate courts found that rent for May‑June 1974 was unpaid an…
NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELIversusBADRI NATH DIXIT AND ORS.
1991 INSC 11124 April 1991Appeal(s) allowed
Badri Nath Dixit sued Nandganj Sihori Sugar Co. Ltd. and its officers for a mandatory injunction to enforce an alleged contract appointing him as Instrumentation Foreman, relying on letters from the holding company's chairman that purportedly promised his appointment under a Government scheme. The trial court dismissed…
UNION OF INDIA AND ORS.versusM/S WOOD PAPERS LTD. AND ANR
1990 INSC 15424 April 1990Appeal(s) allowed
The respondent, a paper manufacturing company established in 1942, sought exemption from central excise duty on its packing and wrapping paper under Notification No. 163/1965. It asked whether the exemption applied to production based on its installed capacity as of 1967 as well as to the additional capacity added late…
KISHAN LAL AND ORS.versusSTATE OF RAJASTHAN & ORS.
1990 INSC 10923 March 1990Dismissed
The petitioners challenged the Rajasthan Agricultural Produce Markets Act, 1961 on the ground that the State legislature lacked competence to levy market fees on items such as khandsari, shakkar, gur and especially sugar, arguing that sugar is a commodity of public importance under the Union List and that it is a mill …
M. RAJA MOHAMMED AND ANR.versusFOOD INSPECTOR, PALGHAT MUNICIPALITY
1991 INSC 31322 November 1991Disposed off
The Supreme Court examined whether the addition of saccharin, an artificial sweetener, to supari (pan masala) violated the Prevention of Food Adulteration Rules, 1955. The appellants were convicted under sections 7(i) and 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated supari containing s…
DENA NATH AND ORS.versusNATIONAL FERTILIZERS LTD. AND ORS.
1991 INSC 31422 November 1991Dismissed
The Supreme Court considered appeals filed by Dena Nath and others against National Fertilizers Ltd. The issue was whether failure by a principal employer to obtain registration under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, or by a contractor to obtain a licence under Section 12, would ca…
A.M. MATHURversusPRAMOD KUMAR GUPTA
1990 INSC 10322 March 1990Appeal(s) allowed
The Supreme Court allowed an appeal by A.M. Mathur, former Advocate General of Madhya Pradesh, against a High Court order in which Justice B.M. Lal had dismissed a review petition and made disparaging remarks about Mathur's conduct. The Court held that such derogatory comments were unwarranted, lacked jurisdiction, and…
KRISHNA KISHORE FIRMversusGOVT. OF. A.P. AND OTHERS
1990 INSC 29921 September 1990Appeal(s) allowed
The appellant, K. Krishna Kishore Firm, had been operating a cinema under a lease that was due to expire in 1976. Before the lease ended, one co‑lessor of the landowner entered into an agreement of sale and a lease of his share with the appellant, who then sought renewal of its cinema licence under the Andhra Pradesh C…
STATE OF PUNJAB AND ORS.versusGURDEV SINGH, ASHOK KUMAR
1991 INSC 20021 August 1991Appeal(s) allowed
The Supreme Court considered two civil appeals filed by former government employees who, after being dismissed, sued for a declaration that their termination was illegal, void, and that they remained in service. The Punjab High Court had held that no limitation period applied to such suits when the dismissal was illega…
SHAM SUNDAR & ORS.versusSTATE OF HARYANA
1989 INSC 24821 August 1989Case Partly allowed
The appellants, partners of a rice‑milling partnership, were convicted under the Essential Commodities Act, 1955 for failing to supply the levy rice required by the Haryana Rice Procurement (Levy) Order, 1979. They appealed, contending that the prosecution had not proved that they were in charge of the firm’s business …
KM. NEELIMA MISRAversusDR. HARINDER KAUR PAINTAL AND ORS.
1990 INSC 9921 March 1990Appeal(s) allowed
The appellant, Neelima Misra, applied for the post of Reader in Psychology at Lucknow University. The Selection Committee, after evaluating qualifications, experience, interview performance and a high‑standard published work (an alternative to a Ph.D.), recommended her appointment. The Executive Council disagreed, clai…
D.P. SHARMA & ORS.versusUNION OF INDIA & ANR.
1989 INSC 6721 February 1989Appeal(s) allowed
The appellants, recruited as Lower Division Clerks between 1960 and 1964 and later transferred to the Armed Forces Headquarters, claimed that their inter‑se seniority should be based on length of service as prescribed by earlier Government memoranda. The Armed Forces Headquarters Clerical Service Rules, 1968, which cam…
PUKHRAJ JAINversusMRS. PADMA KASHYAP AND ANR.
1990 INSC 9520 March 1990Dismissed
The tenant was granted a three‑year tenancy under Section 21 of the Delhi Rent Control Act, 1958, with the Controller's permission. The landlord died before the tenancy expired, and his legal representatives later applied to the Controller for recovery of possession after the tenant failed to vacate. The tenant contend…
STATE OF TAMIL NADU AND ORS.versusNALLAI COTTON MILLS LTD. AND ORS.
1990 INSC 9620 March 1990Dismissed
The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 provided that workmen with 480 days of continuous service in 24 months become permanent. The Madras High Court struck down the part of Section 3(2) that allowed a period of non‑employment or discharge of up to three months to…
K.M. MATHEWversusSTATE OF KERALA AND ANR.
1991 INSC 30219 November 1991Appeal(s) allowed
The Chief Editor of a daily newspaper was charged in a complaint alleging defamation under Sections 500 and 34 of the IPC, but the complaint contained no specific allegation that he edited or approved the offending news item. The magistrate issued summons, the editor pleaded not guilty and requested that the proceeding…
STATE OF TAMIL NADU AND ANR. ETC.versusE. PARIPOORNAM AND ORS.
1991 INSC 19619 August 1991Appeal(s) allowed
The Tamil Nadu Government appointed temporary junior professors under Rule 10(a)(i)(l) of the State and Subordinate Services Rules, 1955 between 1971 and 1982. In 1979 the State Public Service Commission (PSC) invited applications for regular appointments, selected 25 candidates (including 21 temporary professors) and …
STATE OF MAHARASHTRAversusMAHADEO DEOMAN RAI ALIAS KALAL AND OTHERS
1990 INSC 14219 April 1990Appeal(s) allowed
The respondent purchased land in Nasik and obtained permission to construct a building, but the land was later reserved under Section 4 of the Land Acquisition Act for a town‑planning scheme. The Municipal Council initially passed a resolution on 13‑Feb‑1967 granting permission, which was later rescinded after a high‑p…
JANTA MACHINE TOOLSversusSTATE OF U.P. & ORS.
1989 INSC 2419 January 1989Appeal(s) allowed
Janta Machine Tools applied for exemption from sales tax under the Uttar Pradesh Sales Tax Act, 1948 (Section 4A) based on a notification dated 30 September 1982, which granted exemption to units established between 1 October 1982 and 31 March 1985. The appellant claimed that actual production began on 4 December 1982,…
DR. SUBRAMANIAM SWAMYversusRAMAKRISHNA HEGDE
1989 INSC 31218 October 1989Case Allowed
Ramakrishna Hegde filed a defamation suit in the Bombay High Court against Dr. Subramaniam Swamy, seeking Rs 1 crore in damages for alleged defamatory statements made at a Delhi press conference. Swamy petitioned the Supreme Court under Section 25 of the Code of Civil Procedure for transfer of the suit to the City Civi…
ABHAY SHRIDHAR AMBULKARversusS.V. BHAVE, COMMISSIONER OF POLICE AND ORS.
1990 INSC 38917 December 1990Appeal(s) allowed
The petitioner, Abhay Sridhar Ambulkar, was detained under the National Security Act, 1980 by the Commissioner of Police, Greater Bombay, based on a government order dated 6 January 1990 that conferred detention powers on the Commissioner for a three‑month period. The petitioner challenged the detention in the Bombay H…
CHANDER MOHAN KHANNAversusNATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING AND ORS.
1991 INSC 24117 September 1991Dismissed
The appellant, an employee of the National Council of Educational Research and Training (NCERT), challenged his termination by filing a writ petition under Article 226 of the Constitution. The Delhi High Court dismissed the petition, holding that NCERT was not an "instrumentality or authority" within the meaning of Art…
HARIDEV MISRAversusJAMUNADAS AGARWAL & ORS
1989 INSC 6317 February 1989Appeal(s) allowed
The landlord filed a suit for eviction of the tenant alleging non-payment of rent of Rs 70 per month, which included a Rs 30 charge for furniture supplied by the landlord. The tenant contended that the house rent was only Rs 40 per month and that the Rs 30 was a separate furniture charge, which he returned after the te…
CHINNAMMAL & 4 ORS.versusP. ARUMUGHAM & ANR.
1990 INSC 1217 January 1990Appeal(s) allowed
The appellant, a judgment debtor, obtained a money decree against him which was not stayed and his property was sold at a court auction. The properties were bought by a stranger auction purchaser who was a relative of the decree holder. The High Court later set aside the decree, and the appellant sought to set aside th…
LALJI & ORS.versusSTATE OF U.P.
1989 INSC 1217 January 1989Dismissed
The case arose from a violent incident on 24 June 1975 in which members of an unlawful assembly assaulted and killed Girdhari Lal and Siddhu, and Minister Lal was also killed. The appellants Lalji, Mansa, Milkhi and Bhagwati were convicted under Section 302 read with Section 149 of the Indian Penal Code, as well as und…
INDIAN OXYGEN LTD.versusSTATE OF BIHAR & ORS.
1990 INSC 3916 February 1990Appeal(s) allowed
Indian Oxygen Ltd. had two establishments in Bihar where a 1971 settlement granted 14 paid holidays to factory staff and 18 to office staff. The company sought to treat International Labour Day (1 May), a compulsory holiday under the Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act,…
PROF. C.D TASEversusUNIVERSITY OF BOMBAY & ORS.
1989 INSC 6216 February 1989Appeal(s) allowed
The appellant, a lecturer appointed in 1971, was entitled under the Second Pay Commission to a senior scale of Rs.700-1100 effective June 15, 1975. The State Government later adopted the Third Pay Commission's running scale of Rs.700-1600, and clarified that earlier placements in higher pre‑1973 scales would remain val…
SYED HASAN RASUL NUMA AND ANRversusUNION OF INDIA AND ANR.
1990 INSC 35415 November 1990Appeal(s) allowed
The Delhi Development Authority issued a public notice on 5 July 1975 proposing to change the land use of the Dargah Shaheed Khan area from residential to recreational. The notice was required to be published under Section 44 of the Delhi Development Act, 1957, which mandates that it be made known by any two of the thr…
GRAM PANCHAYAT AND ANR.versusSHREE VALLABH GLASS WORKS LIMITED AND ORS.
1990 INSC 8715 March 1990Dismissed
The Gram Panchayat sought to recover property tax from Shree Vallabh Glass Works Ltd., which had been declared a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The Board for Industrial and Financial Reconstruction (BIFR) had conducted an enquiry under s.16, found the company…
RAJU KAKARA SHETTYversusRAMESH PRATAPRAO SHIROLE AND ANR.
1991 INSC 615 January 1991Dismissed
The Supreme Court examined a lease where the tenant paid a monthly rent of Rs.900 plus a monthly education cess of Rs.120. The tenant fell into arrears and did not pay the amount within one month of a statutory notice of termination. The principal issues were whether the amendment to Section 12(3) of the Bombay Rents, …
EX. CAPT. K. BALASUBRAMANIAN ETC.versusST ATE OF TAMIL NADU AND ANR. ETC.
1991 INSC 7714 March 1991Dismissed
The petitioners, former Emergency Commissioned Officers, were appointed to the Tamil Nadu Commercial Tax Service after discharge from the Army. Rule 35 of the Tamil Nadu State and Subordinate Service Rules required seniority to be fixed by date of appointment, but the State Government issued orders in 1976 and 1977 fix…
UNION OF INDIA ETC.versusPARMA NAND ETC.
1989 INSC 9014 March 1989Appeal(s) allowed
Parma Nand, a time‑keeper, was found guilty of preparing a bogus pay‑bill and was dismissed by the competent authority under the Punjab Government Servants Conduct Rules, 1966. The Central Administrative Tribunal (CAT) reduced the dismissal to a stoppage of five future increments, holding the penalty disproportionate. …
SADHU SINGH GHUMANversusFOOD CORPORATION OF INDIA & ORS.
1990 INSC 3714 February 1990Appeal(s) allowed
Food Corporation of India sued Sadhu Singh and others for recovery of Rs.2 lakh based on a contract that contained an arbitration clause. The defendants appeared, sought production of the original agreement to enable filing of a written statement, and then invoked Section 34 of the Arbitration Act, 1940 for a stay of t…
MARATHWADA UNIVERSITYversusSESHRAO BALWANT RAO CHAVAN
1989 INSC 12913 April 1989Dismissed
The Deputy Registrar of Marathwada University was dismissed by the Vice‑Chancellor after a departmental enquiry, despite earlier clean‑chit reports. The University argued that the Vice‑Chancellor had authority to discipline and that the Executive Council’s later ratification cured any defect. The Supreme Court examined…
S. SURJIT SINGH KALRA ETC.versusUNION OF INDIA AND ANR. ETC.
1991 INSC 3613 February 1991Disposed off
The case concerned two tenants occupying premises let out by Army officers who, as classified landlords under Sections 14B‑14D of the Delhi Rent Control Act, 1958, sought immediate possession for their own residence. The Rent Controller denied the tenants leave to contest the eviction applications, and the High Court u…
EMC STEEL LIMITED, CALCUTTAversusUNION OF INDIA AND ANR.
1991 INSC 3713 February 1991Dismissed
The case concerned an appeal by EMC Steel Ltd. against a judgment granting possession of premises to a widow-landlady under Section 14‑D of the Delhi Rent Control Act, 1958. The appellant argued that the provision should apply only when the widow became such after the premises were let out by her or her husband, fearin…
SMT. VIDHYA DHARI BHAGATversusALLAHABAD LAW JOURNAL CO. LTD.
1990 INSC 3313 February 1990Appeal(s) allowed
The landlord (appellant) obtained two eviction orders against the tenant under the Delhi Rent Control Act, 1958: one under section 14(1)(e) for personal bona fide requirement and another under section 14(1)(a) for non‑payment of rent, the latter being settled by compromise with the tenant delivering possession. The six…
SUJIR KESHAV NAYAKversusSUJIR GANESH NAYAK
1991 INSC 33912 December 1991Appeal(s) allowed
RAKAPALLI RAJA RAMA GOPALA RAOversusNARAGANI GOVINDA SEHARARAO & ANR.
1989 INSC 27612 September 1989Appeal(s) allowed
The respondents bought a premises that the appellant was occupying as a tenant. The appellant claimed an oral agreement with the previous owners to purchase the property, having paid Rs.5,000 as earnest money, and therefore refused to pay rent from December 1977 to May 1978. The respondents sued for eviction, and the l…
BADAL RAM LAXMI NARAINversusC.I.T. LUCKNOW
1991 INSC 15012 July 1991Appeal(s) allowed
The partners of a Hindu Undivided Family (HUF) formed a partnership firm after a partial partition of the family business, which was run on borrowed capital. The firm took over the HUF's assets and a debit balance of Rs.1,75,310, which was transferred to the partners' personal accounts. The firm claimed that the intere…
SMT. PUJARI BAIversusMADAN GOPAL
1989 INSC 19812 July 1989Appeal(s) allowed
Smt. Pujari Bai, a displaced person, was allotted agricultural land and on 29 April 1963 received a permanent Sanad under Section 10 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, conferring absolute title. Later, during consolidation proceedings under the East Punjab Holdings (Consolidation and Pr…
G. CLARIDGE AND COMPANY LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, PUNE
1991 INSC 3212 February 1991Dismissed
G. Claridge & Co. Ltd., a manufacturer of molded pulp egg trays, sought exemption from central excise duty by classifying its products as "containers" under Item 17 of the Central Excises and Salt Act, 1944 and Heading 48.18 of the Central Excise Tariff Act, 1985. The tax authorities classified the trays as "articles o…
COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ORS.versusMOHAN LAL MEHROTRA AND ORS.
1991 INSC 26211 October 1991Appeal(s) allowed
The petitioners, Section Officers in the Indian Audit & Accounts Department, challenged a circular dated 25 January 1973 issued by the Comptroller and Auditor General of India that introduced reservation for Scheduled Castes and Scheduled Tribes in promotions by seniority. They argued that the 1963 Recruitment Rules, m…
DIRECTOR GENERAL GEOLOGICAL SURVEY OF INDIAversusGEOLOGICAL SURVEY OF INDIA EMPLOYEES ASSOCIATION
1991 INSC 14811 July 1991Appeal(s) allowed
The case concerned the merger of the Exploration Wing of the Indian Bureau of Mines (IBM) with the Geological Survey of India (GSI). Employees of IBM claimed that the merger took effect on 1 January 1966, seeking promotion and seniority benefits, while the Government argued that the actual merger occurred on 4 February…
U.P. STATE ROAD TRANSPORT CORPORATION AND ANRversusMOHD. ISMAIL AND ORS.
1991 INSC 9911 April 1991Appeal(s) allowed
The Uttar Pradesh State Road Transport Corporation (SRTC) required its drivers to undergo annual medical examinations under Regulation 17(2). Regulation 17(3) allowed the corporation to dispense with the service of drivers who failed the fitness test, with a discretionary power to offer them alternative jobs. After med…
SUBHASH CHANDversusSTATE OF HARYANA AND ORS.
1988 INSC 211 January 1988Dismissed
Subhash Chand, an adolescent convicted of murder under IPC s.302 and sentenced to life imprisonment, filed a writ petition under Article 32 seeking detention under the Punjab Borstal Act, 1926, relying on Hava Singh v. State of Haryana. The State opposed, arguing that the Act does not apply to offences punishable with …
MULTIMETALS LTD.versusASSISTANT COLLECTOR, CEN1RAL EXCISE, KOTA AND ORS.
1991 INSC 33010 December 1991Dismissed
Multimetals Ltd. manufactured copper pipes and tubes and claimed exemption from excise duty on the total quantity of copper and copper alloys used, including the material lost during manufacturing. The Central Excise Department argued that the exemption should be calculated only on the weight of the finished pipes and …
ANDHRA PRADESH STATE ELECTRICITY BOARD AND ORS.versusM. A. HAI AZAMI AND ORS.
1991 INSC 33110 December 1991Disposed off
M.A. Hai Azami, an Upper Division Clerk, was deputed from a government department to the Andhra Pradesh State Electricity Board and was placed in charge of an Accountant post but received only clerk pay. He sued the Board for damages, claiming entitlement to the Accountant's salary. The Andhra Pradesh Service Tribunal …
MALAYAMMAL AND ORS.versusA MALAYALAM PILLAI AND ORS.
1990 INSC 31310 October 1990Appeal(s) allowed
Karuppanna Pillai executed a will in 1942 disposing of his property in five schedules, dedicating the Schedule E properties to the construction of his own samadhi and a matam, and to the performance of poojas, feeding the poor and distribution of saffron‑coloured clothes. Two legatees sued the third legatee, the manage…
KASHIRAM YADAV & ANR.versusORIENTAL FIRE & GEN. INSURANCE CO. & ORS.
1989 INSC 23910 August 1989Dismissed
A constable was killed when a tractor owned by Kashiram Yadav was driven by Raghuraj, who had no driving licence. The victim's widow and children claimed compensation, and the Motor Accident Claims Tribunal awarded Rs.96,000, holding the owner liable. On appeal, the owner and the insurer argued that the insurer should …
COMMISSIONER OF GIFT TAX, ERNAKULAMversusABDUL KARIM MOHD. (DEAD) BY LRS.
1991 INSC 14610 July 1991Dismissed
The Commissioner of Gift Tax appealed against a Kerala High Court order that allowed an exemption from gift tax on a transfer of movable assets made by a Muslim businessman who was seriously ill and died six weeks after executing a settlement deed. The issue was whether the transfer qualified as a "gift in contemplatio…
A.P. PUBLIC SERVICE COMMISSION, HYDERABAD & ANR.versusB. SARAT CHANDRA & ORS.
1990 INSC 13510 April 1990Appeal(s) allowed
The Andhra Pradesh Public Service Commission advertised a combined examination in 1983 for Grade‑I services, specifying that candidates for Deputy Superintendent of Police must be at least 21 years old on 1 July 1983. The respondent, B. Sarat Chandra, was 19 days short of this age and was therefore not considered for t…
STATE OF PUNJABversusBALWANT SINGH & ORS.
1991 INSC 2589 October 1991
Mahan Kaur, a Hindu woman, inherited agricultural land from her husband. After her intestate death, the revenue authorities mutated the land in favour of the State, claiming no qualified heir existed. Balwant Singh, the grandson of Mahan Kaur's brother, sued for possession and for a declaration that he could redeem the…
MANAGEMENT OF M/S M.S. NALLY BHARAT ENGG. CO. LTD.versusSTATE OF BIHAR & ORS.
1990 INSC 319 February 1990Appeal(s) allowed
The appellant, Management of M.S. Nally Bharat Engineering Co. Ltd., challenged a notification by the Bihar Government that transferred a pending dismissal reference of a workman (respondent No.4) from the Labour Court, Dhanbad to the Labour Court, Patna under Section 33‑B of the Industrial Disputes Act, 1947. The tran…
KAYASTHA PATHSHALA, ALLAHABAD AND ANR. ETC. ETC.versusRAJENDRA PRASAD AND ANR.
1989 INSC 3818 December 1989Appeal(s) allowed
The respondent, Rajendra Prasad, was appointed as a chemistry lecturer in 1962 at Kulbhaskar Ashram Agriculture Intermediate College run by Kayastha Pathshala Society. After a series of suspensions and litigations spanning over 25 years, the Allahabad High Court ordered his reinstatement and payment of full arrears of …
MIR MOHD OMAR & ORSversusSTATE OF WEST BENGAL
1989 INSC 2318 August 1989Appeal(s) allowed
The accused were tried for murder under IPC sections 302/34. The prosecution examined 34 witnesses, including the investigating officer (PW‑34), and the accused were examined under Section 313 of the CrPC. The State sought re‑examination of the first accused under Section 313 and filed an unsigned correction slip to am…
SANWARMAL KEJRIWALversusVISHWA COOPERATIVE HOUSING SOCIETY LTD. & ORS.
1990 INSC 818 March 1990Appeal(s) allowed
The appellant, Sanwarml Kejriwal, occupied a flat in Vishwa Cooperative Housing Society under a leave‑and‑license agreement from 1957. After the member‑allottee transferred his interest, the society sought his eviction under Section 91(1) of the Maharashtra Cooperative Societies Act, arguing that the society‑member rel…
SMT. PUSHPA DEVI & ORS.versusMILKHI RAM
1990 INSC 298 February 1990Appeal(s) allowed
Milkhi Ram, the landlord, filed an eviction suit under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 alleging arrears of rent, unauthorised sub‑letting and alterations. The tenants, Pushpa Devi and her son, together with Saligram (who claimed to be a sub‑tenant), tendered the arrears on the first heari…
MUNICIPAL CORPORATION OF GREATER BOMBAYversusNEW STANDARD ENGINEERING CO. LTD.
1990 INSC 3807 December 1990Appeal(s) allowed
The Municipal Corporation of Greater Bombay challenged the assessment of rateable value of a housing building constructed by New Standard Engineering Co. Ltd. under a Government subsidised scheme for industrial workers. The corporation had fixed the rateable value under Section 154(1) of the Bombay Municipal Corporatio…
ATTAR SINGH GURMUKH SINGHversusINCOME TAX OFFICER, LUDHIANA ETC.
1991 INSC 1767 August 1991Dismissed
The assessees, Attar Singh and Gurmukh Singh, made cash payments exceeding Rs.10,000 for purchases of stock-in-trade, which the assessing authority disallowed as deductions under Section 40A(3) of the Income Tax Act, 1961 read with Rule 6DD of the Income Tax Rules, 1962. The assessees challenged the validity of Section…
GENERAL ELECTRIC TECHNICAL SERVICES COMPANY INC.versusPUNJ SONS (P) LTD. AND ANOTHER
1991 INSC 1757 August 1991Appeal(s) allowed
General Electric Technical Services Co. (GETSCO) subcontracted work to Mis Punj Sons (P) Ltd. (respondent-1) for an aircraft testing centre, requiring a performance bond and a bank guarantee for a mobilisation advance. Punj Sons failed to complete the project, leading GETSCO to terminate the contract and demand encashm…
SMT. SURESHTA DEVIversusOM PRAKASH
1991 INSC 287 February 1991Appeal(s) allowed
Sureshta Devi and Om Prakash filed a joint petition under Section 13‑B of the Hindu Marriage Act for divorce by mutual consent. The wife later applied to withdraw her consent, claiming it was obtained under pressure, and the District Court dismissed the petition. The High Court reversed that order, holding that consent…
AMBATI NARASAYYAversusM. SUBBA RAO & ANR.
1989 INSC 3096 October 1989Appeal(s) allowed
Ambati Narasayya's 10‑acre land was attached and sold in execution of a decree for a debt of about Rs 2,400. The entire parcel fetched Rs 17,000 and was sold to the respondent. The appellant challenged the sale, arguing that under Order XXI Rule 64 of the Code of Civil Procedure the court should have sold only that por…
UNION OF INDIA AND ANR.versusMAJ. GEN. DAYANAND KHURANA
1991 INSC 1706 August 1991Appeal(s) allowed
The case concerned the promotion of Major General Dayanand Khurana, who was approved for the ‘Staff Only’ stream under the Army’s two‑stream concept. The respondent argued that, despite being in the Staff Only stream, he should be senior to officers promoted in the ‘Command and Staff’ stream and sought a mandamus direc…
VIJAYA LAXMI SUGAR MILLS LTD.versusCOMMISSIONER OF INCOME TAX, KANPUR
1991 INSC 1716 August 1991Dismissed
The appellant, a company in liquidation, sold its assets and invested the proceeds in fixed deposits, earning interest income. The liquidator incurred various expenses (salaries, legal fees, etc.) which the company sought to deduct from the interest under section 57(iii) of the Income Tax Act. The Assessing Officer tax…
THAPAR INSTITUTE OF ENGINEERING AND TECHNOLOGY, PATIALA (DEEMED UNIVERSITY)versusABHINAV TANEJA AND ORS.
1990 INSC 1256 April 1990Dismissed
The Thapar Institute of Engineering and Technology, a deemed university, conducted admissions to its B.E. programme based on a Combined Entrance Test and a merit list, admitting students up to serial number 1127 and later admitting ten additional candidates to meet expected drop‑outs, leaving a total strength of 178 ou…
GWALIOR RAYON SILK MFG. (WVG.) CO. LID.versusCUSTODIAN OF VESTED FORESTS PALGHAT AND ANR.
1990 INSC 1296 April 1990Dismissed
The appellant, Gwalior Rayon Silk Manufacturing Co., operated a large eucalyptus plantation in Kerala and contended that the plantation was not a "private forest" under the Kerala Private Forests (Vesting and Assignment) Act, 1971, relying on the definition of "private forest" in the Kerala Land Reforms Act, 1963. The …
RAM PIARIversusBHAGWANT & ORS.
1990 INSC 766 March 1990Appeal(s) allowed
The appellant, a disinherited daughter, challenged a will executed by her ailing father one day before his death, which left all property to the sons of her sister. She alleged that the beneficiary's father had taken an active role in drafting the will and that suspicious circumstances surrounded its execution, despite…
VANNARAKKAL KALLALATTHIL SREEDHARANversusCHANDRAMAATH BALAKRISHNAN AND ANR.
1990 INSC 786 March 1990Appeal(s) allowed
The appellant entered into an agreement on 9 October 1978 to purchase 80 cents of land, but before the sale deed was executed the property was attached on 16 November 1978 by a third‑party creditor. The sale deed was executed on 23 November 1978, after the attachment. The Kerala High Court held that the sale was subjec…
ADMINISTRATOR, MUNICIPAL CORPORATION, BILASPURversusDATTATRAYA DAHANKAR, ADVOCATE AND ANR.
1991 INSC 3215 December 1991Appeal(s) allowed
The Municipal Corporation of Bilaspur appealed against a Madhya Pradesh High Court order that each tenement must be assessed separately for property tax and that aggregation of annual letting values could be used only for exemption, not for taxation. The dispute centered on Section 127A of the Madhya Pradesh Municipali…
H.C. PUTTASWAMY AND ORS.versusHONBLE CHIEF JUSTICE OF KARNATAKA HIGH COURT, BANGALORE AND ORS.
1990 INSC 3385 November 1990Appeal(s) allowed
The Karnataka High Court advertised 40 vacancies for Second Division Clerks in 1978, but the Chief Justice appointed about 398 candidates, many of whom were later transferred to subordinate courts, bypassing the State Public Service Commission and the statutory recruitment rules. Seven of the original applicants filed …
SOUTHERN ROADWAYS LTD., MADURAI, BY ITS SECRETARY.versusS.M. KRISHNAN
1989 INSC 3065 October 1989Appeal(s) allowed
Southern Roadways Ltd., a transport company, appointed S.M. Krishnan as its agent at Madras and allowed him to use a leased godown for the company's business. After discovering mismanagement and misappropriation of funds, the company terminated Krishnan's agency on 14 October 1988 and took possession of the godown on 1…
INDIRA BAIversusNAND KISHORE
1990 INSC 2695 September 1990Appeal(s) allowed
The appellant, Indira Bai, bought property and built a godown with the assistance of the respondent, Nand Kishore, who did not initially assert any pre‑emptive right. After construction, the respondent served a notice claiming his statutory right of pre‑emption under the Rajasthan Pre‑emption Act, 1966 and sued to enfo…
BHOOP ALLEGED SON OF SHEOversusMATADIN BHARDWAJ SON OF LAKMI CHAND
1990 INSC 3734 December 1990Dismissed
In a suit for pre-emption of agricultural land, the Sub‑Judge granted a decree in favour of Shanti Devi, requiring her to deposit four‑fifths of the purchase price by 18 Nov 1968. She deposited the amount on 19 Nov 1968 due to administrative delays. The Sub‑Judge held that the failure to deposit on the exact date extin…
UNION OF INDIA AND ANR.versusDEOKI NANDAN AGGARWAL
1991 INSC 2194 September 1991Appeal(s) allowed
The respondent, a retired High Court judge, had served only 5 years 10 months and 17 days and was receiving a pension of Rs.8,400 per annum under Part I of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954. He sought a higher pension by claiming that an additional 1 month and 13 days should …
RAMLAL KHURANA (DEAD) BY LRS.versusSTATE OF PUNJAB & ORS.
1989 INSC 2263 August 1989Dismissed
R.L. Khurana, originally a clerk in the Punjab Police, was appointed as an Excise Sub‑Inspector and later reverted to his parent department. He obtained a decree from a civil court confirming his right to continue in the substantive Excise post, overturning the reversion. Subsequently, the Excise Commissioner retired h…
UNION OF INDIA AND ORS. ETCversusTEJRAM PARASHRAMJJ BOMBHATE AND ORS. ETC
1991 INSC 1293 May 1991Appeal(s) allowed
The Central Government sanctioned a primary school for children of ordnance factory employees, while the employees themselves established a secondary school staffed by teachers paid honorarium from fees. The teachers sought regularisation and equal pay before the Central Administrative Tribunal, which directed the Gove…
STATE OF ANDHRA PRADESHversusDR. N. RAMACHANDRA RAO AND ORS. M. PANDURANGA RAJU AND ORS.
1990 INSC 1823 May 1990Dismissed
The respondents, originally recruited as Civil Assistant Surgeons, claimed they were bypassed for promotion to the post of Additional Director of Medical and Health Services despite being ranked higher in the original select list. The dispute centered on whether the three‑year service requirement under Rule 2 of the Sp…
MAHENDER SINGHversusUNION OF INDIA AND ANR
1991 INSC 1682 August 1991Appeal(s) allowed
The appellant, a cash clerk, was suspended pending a criminal investigation and later terminated under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965. After being acquitted, he challenged the termination before the Central Administrative Tribunal, which set aside the termination and ordered tha…
STATE OF RAJASTHAN & ANR.versusSHANTILAL ETC.
1989 INSC 2252 August 1989Appeal(s) allowed
The Rajasthan Medical and Health Subordinate Service Rules, 1965 created two distinct cadres – a Nursing cadre and a Compounder cadre. Two employees, Bansi Lal Sharma and Shanti Lal Jain, challenged the rules, alleging that the bifurcation arbitrarily denied Compounder Grade‑I employees a promotion channel to higher nu…
MAKHAN SINGHversusSTATE OF PUNJAB
1988 INSC 1712 July 1988Appeal(s) allowed
Makhan Singh was convicted under IPC sections 302 and 201 for the murder of his father Banta Singh and grandson Seva Singh, based on alleged motive over land, a claim that he was the last person seen with the victims, an extra‑judicial confession to Amrik Singh, a statement under Evidence Act s.27 that led to the disco…
HARBANS LAL & ORS.versusSTATE OF HIMACHAL PRADESH & ORS.
1989 INSC 2241 August 1989Dismissed
The petitioners, daily‑rated carpenters employed by the Himachal Pradesh State Handicrafts Corporation, filed a writ petition under Article 32 seeking "equal pay for equal work" with regular government carpenters or, alternatively, the minimum wages fixed by the Deputy Commissioner. The respondents argued that the corp…
UNION OF INDIA AND ORS.versusBAKSHI RAM
1990 INSC 701 March 1990Appeal(s) allowed
Bakshi Ram, a constable of the Central Reserve Police Force, was convicted under Section 10(1) of the CRPF Act for forcibly entering a constable's room and assaulting his wife, and was sentenced to four months' rigorous imprisonment. While his appeal against the conviction was pending, the department dismissed him from…