K.R. SRINIVASversusR.M. PREMCHAND AND ORS.
1994 INSC 42730 September 1994Appeal(s) allowed
K.R. Srinivas, son of the then Vice‑Chancellor of Andhra University, obtained a higher mark after revaluation of his answer sheets, which had been destroyed as per university regulations. Dr. R.M. Premchand, a research scholar, filed a public‑interest writ petition under Article 226 challenging the result, alleging pro…
MEHTAB SINGH AND ORS. ETC. ETC.versusSTATE OF HARYANA
1994 INSC 33930 August 1994
The Supreme Court examined the compensation awarded for the acquisition of 267.91 acres of land in Rohtak district for an industrial area. The original award in 1977 fixed two marginally different rates, which were later replaced by a uniform rate of Rs 7 per square yard by the District Judge. The High Court later revi…
HINDUSTAN LEVER AND ORS.versusHINDUSTAN LEVER MAZDOOR SABHA AND ORS.
1993 INSC 31328 September 1993Dismissed
The Government of Maharashtra issued a notification under section 13 of the Maharashtra Workmen's Minimum House‑Rent Allowance Act, 1983, exempting factories in certain zones from the Act's house‑rent allowance provisions for workers whose wages exceeded specified ceilings, thereby reducing the allowance below the stat…
GURUCHARAN KOERI AND ORS.versusBIBI SHAMSUNISSA
1993 INSC 24827 July 1993Appeal(s) allowed
The appellants filed a suit for redemption of a mortgage dated 28 July 1916 that covered five plots (557, 558, 559, 564, 565). They sought redemption of two plots, 565 and 551, the latter not being part of the mortgage. The trial court dismissed the suit, the first appellate court decreed in favour of the appellants, b…
ESHWARAIAH AND ANR.versusSTATE OF KARNATAKA
1994 INSC 3227 January 1994Dismissed
The deceased Ramesh was found dead in his house on the night of 14-15 December 1982 with injuries indicating asphyxia. Two accused, Eshwaraiah (a constable) and Mayamma (the deceased's mistress), entered the house after a cinema show and were later discovered hiding under a cot when the door was broken open. The prosec…
RAM CHANDRA TRIPATHIversusU.P. PUBLIC SERVICES TRIBUNAL IV AND ORS.
1994 INSC 9125 February 1994Dismissed
R.C. Tripathi, appointed as Overseer (later Junior Engineer) in the Local Self‑Government Engineering Department in 1964, was confirmed in 1975 despite a High Court injunction prohibiting such confirmations. The confirmation was later rectified by a de‑confirmation order in 1978 without giving Tripathi a hearing. In 19…
GOKARAJU VENKATANARASA RAJUversusSTATE OF ANDHRA PRADESH
1993 INSC 27324 August 1993Dismissed
The appellant was convicted of murder, theft of jewellery and concealment of evidence under IPC sections 302, 404 and 201. The prosecution relied on a series of circumstantial facts – the appellant’s presence with the victim, possession and disposal of the victim’s gold chain, ring and watch, the discovery of the body …
RUBINDER SINGH/RAJASTHAN FINANCIAL CORPN. AND ORS.versusRAJASTHAN FINANCIAL CORPN. AND ORS. DURGA PRASHAD SHARMA AND ANR.
1994 INSC 54023 November 1994Appeal(s) allowed
The Rajasthan Financial Corporation (RFC) gave a loan to Durga Prasad Sharma for a stone‑crusher; Sharma defaulted on the last instalment. RFC took possession of the crusher and auctioned it, where Rubinder Singh became the highest bidder. Sharma filed a suit challenging the validity of the auction sale and sought an a…
M/S. DURGA RAM PRASADversusGOVT. OF ANDHRA PRADESH
1994 INSC 53923 November 1994Dismissed
The appellant, a contractor, entered into a contract to construct a food‑grains godown for the Government of Andhra Pradesh. The engineer withheld part of the payment alleging that the work was not executed as per the contract. The dispute was referred to an arbitrator who awarded the contractor the withheld sum togeth…
HIGH COURT OF PUNJAB AND HARYANAversusAMRIK SINGH
1994 INSC 54123 November 1994Appeal(s) allowed
The respondent, a Selection Grade Superintendent of the Punjab and Haryana High Court, had his superannuation extended by two years (re‑employment). During this period he was charged with embezzlement, suspended and a charge‑sheet was issued. After the re‑employment period he was allowed to retire, but a disciplinary e…
R.N. GOSAINversusYASHPAL DHIR
1992 INSC 29623 October 1992Dismissed
The landlord, a retired university comptroller, claimed status as a "specified landlord" under the East Punjab Urban Rent Restriction Act and obtained a decree for eviction of the tenant. The High Court accepted this claim and granted the landlord one month to take possession, subject to the tenant filing an undertakin…
STATE OF WEST BENGALversusSRI ORILAL JAISWAL AND ANR.
1993 INSC 30723 September 1993Case Partly allowed
The State of West Bengal appealed the Calcutta High Court's acquittal of Orilal Jaiswal and his mother, Gujarati Debi, on charges of abetment of suicide (Sec. 306 IPC) and cruelty (Sec. 498A IPC). The Supreme Court examined whether the victim’s mother, brother and other close relatives provided sufficient evidence of c…
DWARKA PRASADversusSTATE OF UTTAR PRADESH
1993 INSC 6623 February 1993Case Partly allowed
Dwarka Prasad was convicted of murder under sections 302 and 307 IPC. The prosecution alleged that he and a co‑accused attacked the deceased and a witness with knives, motivated by a prior altercation, and that the FIR was lodged several hours after the incident. The accused claimed he was guarding his grandfather's fi…
P.CHANDRAMOULYversusUNION OF INDIA AND ANR.
1994 INSC 28022 July 1994Dismissed
Four members of the General Reserve Engineers Force (GREF) were tried by a Court‑Martial convened under a warrant of the Chief of the Army Staff authorising the Chief Engineer and were convicted of offences under Sections 63, 39(a) and 41 of the Army Act. They challenged the jurisdiction of the Court‑Martial, the effec…
MANGAMMAVVA @ NESE YESODAMMA AND ORS.versusSTATE OF ANDHRA PRADESH
1995 INSC 19621 March 1995Appeal(s) allowed
The Supreme Court examined the murder trial of three inter‑related accused (two sisters, A‑1 and A‑2, and the husband of a younger sister, A‑3) who were convicted for killing a devotee, Ramakoti Reddy, based largely on the testimony of a single maid‑servant (PW‑1) and a disputed letter. The Court found PW‑1’s evidence …
UNION OF INDIAversusN.P. DHAMANIA,
1994 INSC 47420 October 1994
N.P. Dhamania, an officer of the Indian Telecommunication Service, was recommended for promotion to Senior Administrative Grade Level‑II by the Departmental Promotion Committee (DPC). The Appointments Committee of the Cabinet (ACC) returned the panel for a "rigorous review" and subsequently excluded Dhamania and four o…
JARNAIL SINGH AND ANR. ETC.versusSTATE OF HARYANA
1993 INSC 2120 January 1993Dismissed
The accused Jarnail Singh and his four sons were convicted of murder and rioting for killing Gurbux Singh and his brother Wasava Singh. The prosecution alleged a motive stemming from the suicide of the accused's son, who had been in love with the victims' daughter. The defence argued that there was no immediate motive …
OM PARKASH ETC. ETC.versusSTATE OF PUNJAB
1992 INSC 21219 August 1992Dismissed
The victim Rita was allegedly burnt alive by her husband Om Parkash, his parents Sheela Wanti and Rup Lal, and other relatives after they demanded dowry. Rita gave a detailed statement to the investigating officer after doctors confirmed she was conscious, which was later treated as a dying declaration. The trial court…
RAMANARANGversusRAMESH NARANG AND ORS.
1995 INSC 6119 January 1995Dismissed
The appellant, Rama Narang, was appointed Managing Director of a deemed public limited company after being convicted of offences involving moral turpitude. Respondent Ramesh Narang challenged the appointment under Section 267 of the Companies Act, 1956, which bars a person convicted of such offences from holding the of…
U. PONNAPPA MOOTHAN SONS, PALGHATversusCATHOLIC SYRIAN BANK LTD. AND OTHERS
1990 INSC 29018 September 1990Dismissed
The Catholic Syrian Bank Ltd. extended credit facilities to a partnership (defendants 2‑4) secured by an equitable mortgage and purchased two cheques drawn by defendant 6 on Union Bank of India. The cheques were credited to the partnership’s account, later dishonoured, and the bank sued defendant 6 for the balance. Def…
MOHD. ASLAM ALIAS KUYIANversusSTATE OF U.P.
1993 INSC 10118 March 1993Dismissed
The case arose from a long‑standing family enmity over a religious dispute. On 25 December 1975 the appellant, Mohd Aslam, armed with a double‑barrel gun, shot the complainant’s son‑in‑law Shamim Raza, who died on the spot, and Mohd Umar, who later died of his injuries. The Sessions Court acquitted the appellant, but t…
K.S. SUNDARARAJU CHETTIARversusM.R. RAMACHANDRA NAIDU
1994 INSC 8018 February 1994Dismissed
The landlord, K.S. Sundararaju Chettiar, evicted his tenant M.R. Ramachandra Naidu under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, first on the ground of his own business expansion and later also on the basis of a pawn‑broking partnership run by his wife and daughter‑in‑law. The eviction notice did no…
BALWANT SINGHversusSTATE OF PUNJAB AND ANR.
1994 INSC 8118 February 1994Appeal(s) allowed
Balwant Singh, a police constable, fired his service rifle during a clash with villagers who were assaulting police officers. He fired two shots in the air to scare the assailants, but two by‑standers (Karnail Singh and Pahalwan Ram) were struck and died. The trial court acquitted him, the High Court convicted him of m…
UNION OF INDIA AND ORS.versusSH. B.R. BAJAJ AND ORS.
1994 INSC 1218 January 1994
The Union of India and the Delhi Special Police Establishment appealed against a Punjab & Haryana High Court order that quashed an FIR registered under sections 120‑B, 418, 468 IPC and the Prevention of Corruption Act against Shri B.R. Bajaj, the Finance Secretary of Chandigarh, and several tenderers. The FIR alleged t…
RAM DEO BHANDARI AND ORS. ETC. ETC.versusELECTION COMMISSION OF INDIA AND ORS. ETC. ETC.
1995 INSC 4217 January 1995Disposed off
The Supreme Court considered writ petitions filed under Article 32 challenging a press note issued by the Election Commission that elections in Bihar and Orissa would not be held unless photo identity cards were supplied to all eligible voters. The Commission had earlier directed states, under Rule 28 of the Registrati…
REVENUE OFFICER & ORS.versusPRAFULLA KUMAR PATI & ORS.
1990 INSC 1317 January 1990Appeal(s) allowed
The appellants, Revenue Officer and others, sought restoration of lands sold by two respondents (identified as "Rajaka" in sale deeds) to a Brahmin purchaser. The respondents produced caste certificates and records showing they belong to the "Dhoba" community, a Scheduled Caste under the Constitution (Scheduled Castes)…
GAUNTER EDWIN KIRCHERversusSTATE OF GOA, SECRETARIAT, PANAJI, GOA
1993 INSC 9216 March 1993Disposed off
The appellant, a German tourist, was arrested in Goa with two cylindrical pieces of charas weighing 7 g and 5 g. Only the piece weighing less than 5 g was sent for chemical analysis, which confirmed it contained charas; the other piece was not tested. The trial court convicted him under Section 20(b)(ii) of the NDPS Ac…
INDUSTRIAL FINANCE CORPORATION AND ORS.versusOFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND ANR. ETC. ETC.
1993 INSC 5616 February 1993Dismissed
Neptune Paper Mills Ltd was wound up and its assets were sold as a going concern to Buxa Holdings Ltd. The sale notice allowed the balance price to be paid in instalments to be fixed by the court. The purchaser was awarded an instalment schedule that the secured creditors (Industrial Finance Corporation and others) cla…
AHER MAYA VISA AND OTHERSversusSTATE OF GUJARAT
1992 INSC 24715 September 1992Dismissed
The accused were charged with murder of two brothers under Sections 302 and 34 IPC. The trial court acquitted them, relying on a purported custom of the Aher community that a widow should not leave her house for 45 days after her husband's death, and finding the eye‑witnesses' testimony doubtful. The State appealed, an…
UNION OF INDIA AND ORSversusHINDUSTAN DEVELOPMENT CORPN. AND ORS
1993 INSC 15415 April 1993Disposed off
The Railway Board invited tenders for cast steel bogies and three large manufacturers (H.D.C., Mukand and Bharatiya) quoted an identical low price, leading the Tender Committee to suspect a cartel and recommend a counter‑offer of Rs. 76,000 per bogie. Post‑tender, the three firms offered a further reduced price of Rs. …
FERRO ALLOYS CORPN. LTD. AND ORS.versusA.P. STATE ELECTRICITY BOARD AND ORS
1993 INSC 15515 April 1993Disposed off
The Supreme Court considered multiple writ petitions filed by industrial consumers, including Ferro Alloys Corp., challenging the terms of electricity supply imposed by various State Electricity Boards. The issues revolved around the validity of Section 49 of the Electricity (Supply) Act, 1948, the reasonableness of a …
SHAILESH PRABHUDAS MEHTA AND ORS.versusCALICO DYING AND PRINTING MILLS LTD.
1994 INSC 7415 February 1994
The appellants, heirs of a deceased shareholder of Calico Dying & Printing Mills Ltd., sought transmission of 100 shares after obtaining an heirship certificate. The company, having amended its Articles of Association in 1977 to empower the Board to refuse any transfer without reason, declined to register the transmiss…
JAJODIA (OVERSEAS) PVT. LTD.versusTHE INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.
1993 INSC 1915 January 1993Case Partly allowed
STATE OF ANDHRA PRADESH & ANR. ETC.versusR.V. RAYANIM ETC. ETC.
1990 INSC 815 January 1990Dismissed
The State of Andhra Pradesh entered into a contract with contractor R.V. Rayanim for constructing an earth dam. A dispute led to arbitration, where the arbitrator issued a non‑speaking award of Rs.19.39 lakhs in favour of the contractor, mentioning consideration of escalation damages but not quantifying any amount for …
HANSRAJ H. JAINversusSTATE OF MAHARASHTRA AND ORS.
1993 INSC 23714 July 1993Dismissed
The State of Maharashtra issued notices under Section 4 of the Land Acquisition Act, 1894 between 1968 and 1970 to acquire land covering 86 villages for the New Bombay township, with declarations under Section 6 in 1971‑72 and awards in 1985‑86. The land owners challenged the acquisition, alleging inordinate delay, tha…
UNION OF INDIA AND ORS.versusHINDUSTAN DEVELOPMENT CORPN. AND ORS. ETC. ETC.
1993 INSC 1614 January 1993Dismissed
The Railway Board issued a tender for 1,900 cast steel bogies, receiving identical low bids from three large manufacturers (H.D.C., Mukand, Bhartiya) and higher bids from nine others. The Tender Committee, suspecting a cartel, recommended a reduced price of Rs. 76,000 and later a dual pricing scheme: Rs. 65,000 for the…
JASHUBA BHARATSINH GOHIL AND ORS .versusSTATE OF GUJARAT
1994 INSC 15313 April 1994Disposed off
The Supreme Court examined the murder‑conspiracy case of 20 September 1984 in which twelve persons were tried for offences including murder, unlawful assembly and illegal possession of arms. The trial court convicted all accused and sentenced them to life imprisonment; the Gujarat High Court upheld the convictions, acq…
EAPEN THOMASversusSYED MOHAMMED KUNJU MOHAMMED KUNJU
1992 INSC 8513 March 1992Dismissed
In execution of a money decree, three parcels of agricultural land belonging to the judgment‑debtor were sold at a court‑sale, the decree‑holder purchasing the property. The debtor retained possession of two parcels while the purchaser occupied the third. The debtor filed a petition under Section 20 of the Kerala Agric…
AP STATE FINANCIAL CORPORATIONversusC.M. ASHOK RAJ AND ORS.
1994 INSC 24512 July 1994Appeal(s) allowed
The Andhra Pradesh State Financial Corporation prescribed promotion criteria for the post of Manager that allocated 25% of marks to an interview, 50% to performance appraisal based on confidential reports, and 15% to seniority for service of five years or more, without any written test. Several employees whose promotio…
YASHPAL SINGHversusVIII ADDL. DISTRICT JUDGE AND ORS.
1992 INSC 7412 March 1992Appeal(s) allowed
Respondent No.3 obtained a permanent injunction against the State of U.P. and its Forest Department to prevent interference with his right to cut trees on his land. Later, Smt. Lagan Devi secured a temporary injunction restraining Respondent No.3 from cutting trees on her plot, invoking the earlier decree. She reported…
SARBIR SINGHversusSTATE OF PUNJAB
1993 INSC 5211 February 1993Dismissed
The appellant, Sarbir Singh, was convicted of murder under Section 302 IPC for the killing of his friend Paramjit Singh, based solely on circumstantial evidence. The prosecution established a chain of events showing the two traveling together, the appellant being seen with blood‑stained hands after the incident, and th…
VIJAY ENTERPRISES AND ORS.versusSALES TAX OFFICER AND ORS.
1992 INSC 4011 February 1992Disposed off
Vijay Enterprises, a small‑scale unit manufacturing cycle stands, began manual production on 1 March 1985 and made its first sale on 30 March 1985. It purchased a diesel generator on 4 March 1985 for Rs 72,800, bringing its total capital investment to more than Rs 3,00,000 as of the date of first sale. Under Section 4‑…
AMRUTLAL SOMESHWAR JOSHIversusTHE STATE OF MAHARASHTRA
1994 INSC 31010 August 1994
Amrutlal Someshwar Joshi, a domestic servant, was convicted of murdering three members of his employer's family and an infant in their Bombay flat and stealing valuables. The prosecution relied on a series of circumstantial facts, including eyewitness testimony that Joshi was present in the flat until early afternoon, …
PREM NATH AND ORS. ETC.versusFINANCIAL COMMISSIONER AND ORS. ETC.
1994 INSC 6110 February 1994
The case concerned land in Delhi that was originally evacuee property and was allotted in 1970 to Prem Nath, who later sold it to another party. Tenants of the land claimed that, upon allotment, the allottee became a Bhumidhar under the Delhi Land Reforms Act (DLRA) and that they thereby acquired Bhumidhari rights, ren…
R.C. POUDYAL AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.
1993 INSC 5110 February 1993Dismissed
The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. The Court examined w…
SARDA PLYWOOD LTD. AND ANRversusUNION OF INDIA AND ORS.
1990 INSC 1309 April 1990Dismissed
Sarda Plywood Ltd. and another challenged a 1989 notification issued under the Destructive Insects and Pests Act, 1914, which restricted the import of "any plant" including timber logs. The petitioners argued that the timber, intended for plywood manufacture, would not come into contact with crops and therefore should …
BHAGWAN SINGH AND ANR. ETC.versusSTATE OF PUNJAB ETC.
1992 INSC 1558 May 1992Dismissed
The Supreme Court considered a case where four police officers abducted a suspect and three witnesses from a hotel, beat them in a police staff room, and the suspect later died with his body never recovered. The trial court had convicted the officers only for kidnapping, but the High Court upheld murder convictions bas…
SHRI S.K. MAINIversusM/S. CARONA SAHU COMPANY LTD. AND ORS.
1994 INSC 1078 March 1994Dismissed
Shri S.K. Maini, employed as Shop Manager/In‑charge of M/s Carona Sahu Co. Ltd., was terminated after a domestic enquiry. The Labour Court held he was a workman under Section 2(s) of the Industrial Disputes Act, 1947 and ordered his reinstatement with back wages. The Punjab & Haryana High Court reversed, finding that h…
BHANABHAI KHALPABHAIversusTHE COLLECTOR OF CUSTOMS AND ANR.
1994 INSC 1088 March 1994
The police and customs officials recovered 101 silver ingots worth over Rs. 18 lakh from the appellant's wadi, which lay within the 50‑km specified area and the ingots were notified as specified goods. The appellant admitted the recovery but claimed he did not know how the ingots came to be there and had not filed any …
SATYANARAYAN SHARMA AND ORS.versusNATIONAL MINERAL DEVELOPMENT CORPORATION LTD. AND ORS.
1990 INSC 2206 August 1990Dismissed
The petitioners, daily-rated workmen of National Mineral Development Corporation Ltd., filed a writ seeking regularisation and equal pay for equal work, alleging they performed the same duties as regular employees. The respondents contended that there was no work or vacancy for the petitioners, who were retained on the…
SALIL DUTTAversusT.M. AND M.C. PRIVATE LTD.
1993 INSC 485 February 1993Appeal(s) allowed
The plaintiff, Salil Dutia, sued T.M. & M.C. Pvt. Ltd. for ejectment on grounds of rent default and personal occupation. The suit, after a seven‑year pendency, was scheduled for final hearing on 9 June 1988, but the defendant failed to appear, relying on alleged advice from its counsel that it need not be present until…
K.A. MOHAMMED ALIversusC.N. PRASANNAN
1994 INSC 4384 October 1994Disposed off
Advocate K.A. Mohammed Ali was convicted by the Kerala High Court under Section 12 of the Contempt of Courts Act, 1971 for raising his voice, using derogatory language against a magistrate, publishing posters and staging a demonstration. The High Court imposed a fine of Rs. 2,000 and ordered the advocate to pay Rs. 5,0…
SATRUCHARLA CHANDRASEKHAR RAJUversusVYRICHERLA PRADEEP KUMAR DEV AND ANR.
1992 INSC 2364 September 1992Appeal(s) allowed
Satrucharla Raju was appointed as a single teacher in a primary school run by the Integrated Tribal Development Agency (ITDA), a registered society. He was suspended pending an enquiry, tendered his resignation on 26 October 1989 (which was not accepted), and subsequently filed his nomination and was elected to the And…
SHANKAR @ GAURL SHANKAR AND OTHERSversusSTATE OF TAMIL NADU
1994 INSC 1404 April 1994Dismissed
The appellants, a gang led by A‑1 (Shankar @ Gauri Shankar) and his associates A‑2 to A‑6, were convicted of six murders committed in a brutal, organised manner involving a brothel and illicit arrack business. The prosecution's case rested on the testimony of an approver (P.W.1) and the retracted judicial confessions o…
VEERAMANIversusSTATE OF TAMIL NADU
1994 INSC 464 February 1994
Veeramani was detained on 16 February 1993 under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, on the ground that he was a "goonda" and likely to commit acts prejudicial to public order if released on bail. He challenged the detention before the High Court, which dismissed his habeas corpus …
STATE OF WEST BENGAL AND ORS.versusMADAN MOHAN SEN AND ORS.
1993 INSC 343 February 1993Appeal(s) allowed
The respondents, Agragamies of the West Bengal Civil Emergency Force, filed writ petitions seeking the same pay scale as firemen and leaders of the West Bengal Fire Service, arguing that they were similarly situated in terms of recruitment, qualifications and duties. The State Government contended that the two categori…
RAMSINH BAVAJI JADEJAversusSTATE OF GUJARAT
1994 INSC 971 March 1994Dismissed
The appellant was acquitted by the trial court of murder (Sec. 302 IPC) but was convicted on appeal by the Gujarat High Court. The conviction rested on the statement of the deceased's brother (PW6) recorded by the investigating officer after a telephonic message about the incident was received. The appellant challenged…