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K RAMASWAMY

1805 judgments · newest first · showing 1–200

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusMIS PRICE WATERHOUSE AND ANR.

[1997] SUPP. 2 S.C.R. 267Appeal(s) allowed

The Institute of Chartered Accountants of India (the Council) issued a notice to Price Waterhouse for alleged professional misconduct in preparing a booklet for EXIM Bank. After a written statement, the Council referred the matter to its Disciplinary Committee, which reported a finding of "not …

SAMATHAversusSTATE OF ANDHRA PRADESH AND ORS.

[1997] SUPP. 2 S.C.R. 305Disposed off

The case concerned the validity of mining leases granted by the State of Andhra Pradesh to non-tribal persons in scheduled areas, including reserved forests. The appellant, a society, challenged these leases as violating the Andhra Pradesh Scheduled Area Land Transfer Regulation, 1959, the Forest …

S.S. BOLA AND ORS. ETC.versusB.D. SARDANA AND ORS. ETC.

[1997] SUPP. 2 S.C.R. 507Disposed off

The case involves a challenge to the Haryana Service of Engineers Act, 1995, which was enacted with retrospective effect to alter the seniority rules between direct recruits and promotees in the Haryana Public Works Department. The Supreme Court had earlier interpreted the rules in Sehgal and …

SHRI ARVIND DATTATRAYA DHANDEversusTHE STATE OF MAHARASHTRA AND ORS.

[1997] SUPP. 2 S.C.R. 231Appeal(s) allowed

The appellant, an Excise Inspector, conducted a raid on a toddy contractor and seized adulterated toddy containing the poisonous substance chloral hydrate, leading to prosecution and cancellation of the contractor's licence. In retaliation, the contractor filed a complaint against the officer, which …

THE STATE OF GUJARATversusANIRUDHSING AND ANR.

[1997] SUPP. 2 S.C.R. 234

The State of Gujarat appealed the acquittal of Anirudhsing Mahipatsingh Jadeja (Accused No.1) and Nilesh Kumar (Accused No.2) for the murder of MLA Popatbhai Sorathiya during an Independence Day ceremony. The trial court had held that the prosecution failed to prove the accused's presence, the …

RAJENDRA PRASAD YADAV AND ORS.versusSTATE OF MADHYA PRADESH AND ORS.

1997 INSC 559Dismissed

The appellants, members of the Apex Bank of Madhya Pradesh, challenged the Registrar's assumption of control over the Bank after the term of its Board of Directors and Managing Committee expired without elections. The High Court had held that the Registrar was justified under Section 49(8)(ii) of …

NEW ASSURANCE CO. LTD.versusSHRI B.N. SAINANI

1997 INSC 560Appeal(s) allowed

New India Assurance Co. Ltd. issued two marine insurance policies to cover consignment of computer waste from Antward to Bombay. The vessel was diverted to Muscat due to a port strike and the insurer stipulated that the goods must be re‑shipped within 60 days, otherwise liability would cease. The …

GAURAV JAINversusUNION OF INDIA AND ORS.

1997 INSC 547Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 on behalf of Gaurav Jain, seeking rescue, rehabilitation and education for children of prostitutes and an overall scheme to eradicate prostitution. The Court examined the constitutional guarantees under Articles 14, 15, 21, 23, …

STATE OF WEST BENGAL AND ORS.versusSAMARENDRA NATH PAUL AND ORS.

1997 INSC 548Appeal(s) allowed

The State of West Bengal sought to requisition two plots of land for a housing project under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948. The owners challenged the requisition, alleging that the statutory notice was not served as required by Rule 3 of the 1948 Rules, …

WEST BENGAL HOUSING BOARDversusBHAWAN LAL MUNDHRA AND ORS .

1997 INSC 549Appeal(s) allowed

The West Bengal Housing Board sought to acquire 0.63 acres of land belonging to Brijendra Lal Mundhra for a housing project for weaker sections, which included an approach road, market complex, clinic and drainage. The land was requisitioned under the West Bengal Land (Requisition and Acquisition) …

TOTA RAMversusSTATE OF U.P. AND ORS.

1997 INSC 550Dismissed

The petitioner’s land was acquired under a Section 4 notification of the Land Acquisition Act, 1894 and the reference court awarded compensation on 18 May 1990. He filed an application under Section 28‑A on 22 July 1992, claiming he only learned on 19 July 1992 that compensation for other lands had …

D.N .. VENKATARAYAPP AND ANR.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 551Dismissed

The appellants purchased lands in 1962‑64 from original grantees who had received the parcels under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Act prohibits alienation of such lands for a specified period, rendering the sales …

WEST BENGAL HOUSING BOARD AND ORS.versusBRIJENDRA PRASAD GUPTA AND ORS.

1997 INSC 552Appeal(s) allowed

The West Bengal Housing Board, acting through a joint‑sector company, requisitioned and later acquired 1.82 acres of land to build a housing scheme for low‑ and middle‑income groups. The petitioners, who had purchased the land but whose names were not yet entered in the Record of Rights, claimed …

DELHI DEVELOPMENT AUTHORITY ETC.versusAMBITIOUS ENTERPRISES AND ANR. ETC.

1997 INSC 553Case Partly allowed

The Delhi Development Authority (DDA) rejected applications of several industrial units for allotment of alternative industrial plots, citing two grounds: the applicants did not possess a municipal licence under Section 416 of the Delhi Municipal Corporation Act and Rule 6(v) of the Delhi …

KONDA VENUGOPALA RAJUversusSTTE OF ANDHRA PRADESH

1997 INSC 544Dismissed

The petitioner, Konda Venugopala Raju, filed a declaration under the Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1972, claiming that 5 acres 66 cents of his land were non‑agricultural and should be excluded from the ceiling calculation. The primary Tribunal and the High Court …

UNION OF INDIA AND ORS.versusRABIA BIKANER ETC.

1997 INSC 518Appeal(s) allowed

The widows of a casual railway labourer who had completed six months of service and obtained temporary workman status, but died before being appointed to a temporary post, claimed family pension under the 1964 Family Pension Scheme. The Supreme Court examined whether such pension benefits are …

J.P. RAVIDAS AND ORSversusNAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL CO-OP.

1997 INSC 519Disposed off

The Supreme Court examined the allocation of 40 flats in a cooperative society built on government land, where the builder had allotted them to non‑Dalit members contrary to the reservation regulations favoring Dalits. The Registrar of Cooperative Societies investigated and found the allotments …

K.G. PADMANABHA PRABHUversusKERALA STATE ELECTRICITY BOARD AND ORS.

1997 INSC 520Dismissed

K.G. Padmanabha Prabhu owned several parcels of land with trees in Polluttu village. The Kerala State Electricity Board, invoking Section 51 of the Indian Electricity Act, 1910 and Sections 10 to 16(3) of the Indian Telegraph Act, 1885, acquired the trees and laid electric lines across the land. The …

STATE OF HARYANA AND ORS.versusMISS AJAY WALIA

1997 INSC 521Appeal(s) allowed

In 1980 the Haryana Irrigation Department requisitioned four Sub‑Divisional Clerk vacancies, but the Subordinate Service Selection Board prepared a list of 28 candidates in 1982 and recommended eight for appointment in the Hathnikund circle. The Superintendent Engineer returned the list, stating …

FOOD CORPORATION OF INDIAversusBANT SINGH AND ANR.

1997 INSC 522Appeal(s) allowed

The Food Corporation of India (FCI) issued a charge-sheet against Bantsingh and others and, under Rule 58(8) of its Staff Regulations, denied the respondents permission to engage a retired employee, Kamal Kumar, as a defence assistant in the departmental enquiry. The respondents filed a writ …

FENNER (INDIA) LTD.versusPUNJAB AND SIND BANK

1997 INSC 523Appeal(s) allowed

Fenner (India) Ltd entered into an agreement with Vijay Exports for a purchase advance of up to Rs 30 lakh, secured by a bank guarantee issued by Punjab and Sind Bank. Fenner advanced Rs 20 lakh, but Vijay Exports defaulted on repayment, prompting Fenner to sue the bank for the amount advanced plus …

BIR SINGH CHAUHANversusSTATE OF HARYANA AND ANR.

1997 INSC 524Appeal(s) allowed

The appellant, an Executive Engineer, was tasked with a visual inspection of a drainage project and submitted a report. Subsequently, an FIR was lodged against the contractor and staff, leading to the suspension of 95 employees, including the appellant. After reinstatement, the appellant was denied …

THE STATE OF TAMIL NADU AND ORS.versusM. NATARAJAN AND ANR.

1997 INSC 525Appeal(s) allowed

The respondents, police personnel, were accused of misbehaving with two women and were subjected to a departmental enquiry and a criminal case, which was later withdrawn. They repeatedly failed to appear before the Enquiry Officer despite several opportunities, leading the Officer to record ex parte …

SHRI IRSHAD ALI AND ORS.versusHAZI ABDUL SUKHUR MOZUMDAR AND ORS.

1997 INSC 528Dismissed

The appellants, owners of a one‑third share in land acquired under the Land Acquisition Act, were awarded compensation by the Land Acquisition Officer, which was later enhanced by the Reference Court under Section 18. The respondent appealed to the High Court, which further increased the …

A.S. NARAYANA DEEKSHITULU ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 504Disposed off

The Supreme Court examined the recommendations of a committee appointed to determine the pay scales, honoraria and classification of hereditary religious staff of the Tirumala Tirupati Devasthanams (TTD) under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. …

SRI DIVI KODANDARAMA SARAM AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 505Disposed off

The petitioners sought review of the State Government's acceptance of a Committee's recommendations under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 concerning classification of temples, remuneration and cadre strength of Archakas, and related …

VICTORIAversusK.V. NAIK AND ORS.

1997 INSC 506Dismissed

The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court …

PVSSR JAGANNATHA CHARYULU AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 507Disposed off

The Supreme Court examined the implementation of welfare measures for Archakas and other temple employees under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. It upheld the constitutional validity of the Act and held that the abolition of hereditary rights …

M.G. CHARY AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.

1997 INSC 508Disposed off

Five former hereditary mirasidars of Shri Padmavathi Ammavari Temple, Tiruchanur, challenged their dispossession of religious duties after the abolition of hereditary rights under Sections 34(2) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987. They …

AS. NARA YANA DEEKSHITULU ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1997 INSC 509Disposed off

The Supreme Court examined the constitutional validity of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, particularly its provisions abolishing hereditary rights of Archakas and other temple officials. It held that such abolition was not unconstitutional and …

EXECUTIVE OFFICER, TTD, TIRUPATIversusA.S. NARAYAN DEEKSHITULU AND ORS.

1997 INSC 510Disposed off

The Executive Officer of the Tirumala Tirupati Devasthanams (TTD) filed an application seeking recovery of excess payments made to archakas, gamekars, jeeyamgars and other mirasidars under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The TTD alleged that …

DIAMOND PLASTIC INDUSTRIES ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.

1997 INSC 512Disposed off

The appellants, Diamond Plastic Industries and others, set up an ancillary unit for watch components under the Ancillary Development Programme of Hyderabad Allwyn Limited, a state government undertaking. A dispute arose over the amount payable to them, leading to a writ petition in which the High …

SURJIT SINGH AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 513Appeal(s) allowed

The case concerned a long‑standing dispute between directly recruited Section Officers and promotee officers in the Central Secretariat Service over the allocation of vacancies. The 1962 Rules prescribed a 1/6 (later 1/5) quota for direct recruitment, with the remainder filled by promotion, and the …

K. SHANTHARAJ AND ANRversusM.L. NAGARAJA AND ORS.

1997 INSC 514Dismissed

The Committee of a Karnataka cooperative society was superseded and an Administrator was appointed under Section 30 of the Karnataka Co-operative Societies Act, 1959. During his tenure the Administrator enrolled new members and issued a schedule for elections to a new Committee, which the …

UNION OF INDIA AND ORS. ETC.versusSHRI CHAIN SINGH AND OR,S. ETC.

1997 INSC 501Dismissed

The Union of India requisitioned 1,007 kanals of land in Sansoo village, Udhampur, under Section 6 of the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act, 1968. The Land Acquisition Officer initially fixed compensation at Rs 12,000‑9,000 per kanal, but the claimants appealed …

PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC

1997 INSC 489Case Partly allowed

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered …

PANJKAJESHversusTULSI GRAMIN BANK AND ANR.

1997 INSC 491Dismissed

The petitioner, a bank official of Tulsi Gramin Bank, was charged under Section 3 of the Regional Rural Banks Act, 1976 for dereliction of duty and, after a disciplinary inquiry, three salary increments were withheld cumulatively. On appeal, the appellate authority ordered that "one increment is …

UITAM NAMDEO MAHALEversusVITHAL DEO AND ORS.

1997 INSC 493Dismissed

The respondent, who owned a parcel of land, served a notice to the appellant to vacate and obtained a final order of eviction, which was confirmed by the Supreme Court. Execution proceedings were later initiated, but the appellant objected, arguing that more than twelve years had elapsed and the …

ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.

1997 INSC 494Dismissed

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference …

Y.R VEERANNAversusSTATE OF KARNATAKA AND ORS.

1997 INSC 495Dismissed

The petitioner, Y.R. Veeranna, claimed occupancy‑tenant rights over 13 acres 24 gunthas in K.R. Nagar Taluk under Sections 44 and 48‑A of the Karnataka Land Reforms Act, filing a Form‑7 application. The Tribunal and the Karnataka High Court rejected his claim because he was not personally …

MRS. MANJU BHATIA AND ANRversusNEW DELHI MUNICIPAL COUNCIL AND ANR.

1997 INSC 483Disposed off

The builder constructed an eight‑storey building called "White House" in Delhi, delivering flats to purchasers including the appellants. It was later discovered that the top four floors were built in violation of municipal regulations, leading the New Delhi Municipal Council to demolish those …

TATA ENGINEERING AND LOCOMOTIVE CO. LTD. AND ANR.versusGAJANAN Y. MANDREKAR

1997 INSC 475Appeal(s) allowed

The petitioner, G. Y. Mandrekar, purchased a commercial tipper truck from Tata Engineering and Locomotive Co. Ltd. and, after running it for about 9,000 km, discovered several defects including worn tyres, improperly fixed front axle pins, and excessive vibration. Despite repeated complaints and …

Y ALAMANCHI RANGA RAO AND ORS. ETC.versusSTATE OF ORISSA AND ORS.

1997 INSC 476Appeal(s) allowed

The appellants' land was acquired under a notification of the Land Acquisition Act, 1894. After the original award, a reference court enhanced compensation for similar lands, and the appellants filed a Section 28‑A reference within three months, which remained pending. The High Court later further …

ASHIS KUMAR HAZRAversusRUBI PARK CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

1997 INSC 477Dismissed

Ashis Kumar Hazra filed a suit against Rubi Park Co-operative Housing Society Ltd. after a notice for arbitration was issued on 26 October 1974 under Section 95(3) of the West Bengal Co-operative Societies Act, 1983, which requires a claim to be laid within two months. The suit was filed on 10 …

STATE OF KERALA AND ORS.versusM. BHASKARAN PILLAI AND ANR.

1997 INSC 478Dismissed

In 1952, 1.94 acres of land were acquired under the Land Acquisition Act, 1894 for a national highway, of which only 80% was used. The remaining land was sold by the Government in 1979 to the former owner at the compensation rate, an action challenged by writ petitions. The Government relied on an …

LOKSHIKSHAN PRASARAK MANDAL AND ANR.versusRAJENDRA KUMAR AJABRAO MAHALLE AND ORS.

1997 INSC 479Appeal(s) allowed

The respondent was appointed by the Maharashtra Education Department for a one‑year term ending with an automatic termination clause. No appointment was made for the following year because the State Government did not sanction any grant‑in‑aid positions. The respondent appealed to the Tribunal for …

THE STATE OF PUNJAB AND ORS.versusBAKHSHISH SINGH

1997 INSC 480Appeal(s) allowed

The respondent, Constable Bakhshish Singh, was absent from duty without leave from November 7, 1986 to March 1, 1988, leading to disciplinary proceedings that resulted in his dismissal. The trial court dismissed the suit filed by the constable, and the first appellate court remanded the matter for …

R. V ARADARAJANversusTHIRUMANGAI NAIDU AND ORS.

1997 INSC 481Dismissed

The appellant, R. Varadarajan, sought a notice on the limited question of compensation for a building, asserting he was in possession. The respondents countered that the appellant had let the building to Jasmine Electricals and that they were in possession. The appellant admitted letting the …

KASHINATH KHER AND ORS.versusSHRI DINESH KUMAR BHAGAT AND ORS.

1997 INSC 467Dismissed

Petitioners Kashinath Kher and others filed contempt petitions under Section 23 of the Contempt of Courts Act, 1971, alleging that respondents, including Dinesh Kumar Bhaghat, failed to implement the Supreme Court's directions in State Bank of India & Ors. v. Kashinath Kher & Ors. (1996) 8 SCC 762 …

SRI GANGANAGAR URBAN CO-OPERATIVE BANK LTD.versusPRESCRIBED AUTHORITY AND ORS.

1997 INSC 468Disposed off

Ten workmen were employed by Sri Ganganagar Urban Co‑operative Bank in 1992 and were dismissed on 5 June 1992 without any prior notice or payment in lieu of notice. They filed an application before the Industrial Tribunal under Section 33(c‑2) of the Industrial Disputes Act seeking reinstatement …

THE EXECUTIVE ENGINEERversusK. SOMASETTY AND ORS.

1997 INSC 469Appeal(s) allowed

The respondent was engaged on daily wages for a state‑run project that was closed, leading to his discharge. He filed a claim under Section 10 of the Industrial Disputes Act seeking continuity of service and back wages. The Labour Court and the Karnataka High Court held that he was entitled to …

SMT. RATAN KAURversusUNION OF INDIA AND ORS.

1997 INSC 470Disposed off

The case concerned a 68‑acre government lease in the Andaman & Nicobar Islands originally granted to Khansahib Naban Ali for 30 years in 1922. After his death, the lease was transferred to the appellant’s father‑in‑law and subsequently to the appellant, who applied for a renewal/assignment after the …

DEVI SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 471Dismissed

The case concerned the Sardarajanti Kalan Cooperative Agricultural Service Society, where the President, along with the Secretary and Treasurer (Cashier), were held jointly liable for an unaccounted sum of Rs 65,726.59. An award under the Haryana Cooperative Societies Act had found the three …

AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.

1997 INSC 459Leave Granted & Disposed off

The appellant, Agauta Sugar and Chemicals, had failed to pay approximately Rs 29 crore owed to cane growers and societies for sugarcane supplied, leading the District Collector to attach the factory’s sugar stock‑in‑hand. The factory filed a writ petition challenging the attachment, and the High …

M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.

1997 INSC 460Disposed off

The Supreme Court approved a rehabilitation scheme for Ashok Paper Mills, Darbhanga, and ordered its implementation after the IDBI reneged on loan commitments. The petitioners, representing the mill workers, sought the Court's intervention to compel the Finance Ministry and IDBI to honour the scheme …

MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.

1997 INSC 456Appeal(s) allowed

The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to …

STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.

1997 INSC 447Leave Granted & Allowed

The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for …

UNION OF INDIA AND ANR.versusSHRI RISAL SINGH

1997 INSC 448Leave Granted & Dismissed

The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land …

SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.

1997 INSC 449Leave Granted & Allowed

The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by …

UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6

1997 INSC 450Leave Granted & Allowed

The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced …

UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.

1997 INSC 451

The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the …

STATE OF PUNJABversusJUSTICE S.S. DEWAN (RETIRED CHIEF JUSTICE) AND ORS.

1997 INSC 434Appeal(s) allowed

Justice S.S. Dewan, former Chief Justice of the Punjab & Haryana High Court, retired on 31‑12‑1989 and elected pension under Part III of Schedule I of the High Court Judges (Conditions of Service) Act, 1954, governed by the Punjab Superior Judicial Service Rules, 1963. On 20‑Feb‑1990 Rule 16 of …

THE STATE OF PUNJAB AND ORS.versusMANOHAR LAL MIRCHEA

1997 INSC 435Appeal(s) allowed

Manohar Lal Mirchea retired as a District and Sessions Judge in 1984, when his death‑cum‑retirement benefits were governed by the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. In 1990 Punjab amended Rule 16 of the Punjab Superior Judicial Service Rules, making the Punjab Civil …

V. GANGARAMversusTHE REGIONAL JOINT DIRECTOR AND ORS.

1997 INSC 438Leave Granted & Disposed off

V. Gangaram, a teacher appointed in 1959, obtained successive qualifications (B.A., M.A., B.Ed., M.Ed.) and was granted advance increments on the pay scale each time. The government circulars allowed one increment for a B.A. or equivalent, one for B.Ed., one for M.A., and one for M.Ed., but the post …

K. JAYAMOHANversusSTATE OF KERALA AND ANR.

1997 INSC 439Leave Granted & Dismissed

The appellant, placed at No.10 on a select list of ten candidates for two lecturer positions in Physical Education, sought appointment after two candidates were already appointed. The government rejected his claim, citing an amendment to the Kerala Collegiate Education Service Special Rules, 1994, …

K.K. SHARMAversusKULWANT SINGH AND ORS.

1997 INSC 440Leave Granted & Allowed

The Chairman of a bank, Kulwant Singh, was surcharged for allegedly using a bank car for unofficial purposes and purchasing furniture, with the bank seeking personal recovery of the expenses. The High Court quashed the surcharge, prompting the bank to appeal. The Supreme Court directed the Joint …

SMT RAM RATIversusSAROJ DEVI AND ORS.

1997 INSC 441Leave Granted & Allowed

The 1994 Gram Panchayat Sarpanch election in Rewa district resulted in Smt. Ram Rati being declared elected over Saroj Devi. Saroj Devi filed an election petition alleging that the election was not properly conducted and that a recount was not carried out despite an alleged application. The Tribunal …

SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 425Leave Granted & Dismissed

The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ …

MAHARASHTRA PUBLIC SERVICE COMMISSIONversusDR. BHANUMATI PURUSHOTTAM TATHOD AND ORS.

1997 INSC 416Leave Granted & Allowed

The Maharashtra Public Service Commission sought to appoint a Deputy Medical Superintendent, prescribing a post‑graduation in Medicine and fifteen years of experience as mandatory qualifications. Dr. Bhanumati Purushottam Tathod, the respondent, had only fourteen years of experience and was not …

BERHAMPUR UNIVERSITY AND ANR.versusDR. SAILABALA P ADHI

1997 INSC 417Leave Granted & Allowed

Dr. Sailabala Padhi applied for the post of Professor of Environmental Science at Berhampur University. The Selection Committee found no candidate qualified, but the Sub‑Committee of the Syndicate recommended her appointment based on her marks and her MSc in Botany (Algology) and PhD in Algology. …

GOVERNMENT OF TAMIL NADU AND ANR.versusK. RAJARAM APPASAMY

1997 INSC 418Leave Granted & Allowed

The respondent, a doctor employed by the Government of Tamil Nadu, was absent from duty without authorization for five years (May 1 1982 to May 1 1987). A departmental enquiry under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules led to his removal from service. The Tamil Nadu …

HARYANA URBAN DEVELOPMENT AUTHORITYversusSMT. NALINI AGGARWAL ETC. ETC.

1997 INSC 419Leave Granted & Allowed

The Haryana Urban Development Authority (HUD A) issued a notification inviting applications for allotment of houses, requiring applicants to deposit earnest money and stipulating that no interest would be payable on such deposits. The respondents applied on 20 April 1993, but were unsuccessful in …

UNION OF INDIAversusGURBACHAN SINGH AND ANR.

1997 INSC 420Dismissed

The respondent, who had not produced documentary proof of his date of birth, was assessed by a medical board to be about 25 years old and was allowed to retire in 1984 instead of 1980. He filed an application before the Labour Court under Section 33-C(ii) of the Industrial Disputes Act, 1947, …

SENIOR REGIONAL MANAGER, FOOD CORPN. OF INDIA, CALCUTTAversusTULSI DAS BAURI AND ORS.

1997 INSC 421Leave Granted & Dismissed

The respondents, engaged as contract labour by a contractor, were denied full payment of their wages and claimed arrears. The Division Bench of the Calcutta High Court held that the principal employer, the Senior Regional Manager of Food Corp. of India, was liable to pay the outstanding balance. On …

STATE OF HARYANA AND ORS.versusRAI CHAND JAIN AND ORS.

1997 INSC 422Leave Granted & Allowed

The respondents, teachers in the Haryana Education Department, sought payment of salary in the selection‑grade pay‑scales, which the Punjab & Haryana High Court had granted. The Government issued an order (20 August 1996) stating that selection‑grade posts would be computed on the basis of total …

STATE OF ORISSA AND ORS. ETC.versusNIRANJAN NA YAK AND ANR. ETC.

1997 INSC 423Leave Granted & Allowed

The State of Orissa appealed against the Orissa High Court’s order that allowed writ petitions of teachers seeking additional amounts based on a cut‑off date of 1 April 1981 for acquiring qualifications. The Supreme Court examined whether the cut‑off date prescribed by the Government was valid and …

HARYANA STATE ELECTRICITY BOARD AND ANR.versusMAHA SINGH AND ANR.

1997 INSC 424Leave Granted & Allowed

The Haryana State Electricity Board (the Board) had a policy that, when land was acquired, one member of the landowner's family must be given employment. Shamsher Singh, a son of the landowner, applied for appointment but died before the Board could appoint him. The Board then appointed his widow, …

LAXMIKANTversusUNION OF INDIA AND ORS.

1997 INSC 411Dismissed

The appellant, a manufacturer of Ayurvedic toothpaste containing 4% tobacco, challenged a 1992 government notification that prohibited the manufacture and sale of any Ayurvedic drugs licensed as tooth‑pastes or tooth‑powders containing tobacco. The notification was issued under Section 33(E) of the …

STATE OF U.P.versusLAKHAN AND ORS.

1997 INSC 412Leave Granted & Allowed

On 6 March 1977, the deceased Sukhuwa and his relatives were returning from a festival when the accused, armed with lathis, suddenly attacked him on the head and other vital parts, causing injuries that led to his death. The trial court convicted the accused under Section 302 read with Section 34 of …

DINESH MATHURversusO.P. ARORA AND ORS.

1997 INSC 414Leave Granted & Allowed

The dispute concerned a perpetual lease obtained in 1937 for premises used by the respondent to run a hotel. In 1991 the respondent sued the appellant alleging breach of a lease condition (clause 7(2)) and obtained an ad‑interim injunction restraining the appellant from continuing the hotel …

THE UNION OF INDIA AND ORS.versusSHRI GURU CHARAN DASS

1997 INSC 402Dismissed

The respondent, a permanent U.D.C. employee of the Hirakund Project, was offered and accepted a temporary appointment in the Dandakarnya Project after the closure of his original project. The appointment letter stipulated a 25% deputation allowance for permanent or quasi‑permanent employees, along …

SH. J.P.S. SAROHA AND ANR.versusUNION OF INDIA AND ANR.

1997 INSC 404Dismissed

The appellants, two scientific assistants originally appointed in the Defence Research and Development Organisation (DRDO), were transferred to the Director General of Inspection (DGI) and the Technical Committee (Engineers Stores) following a departmental trifurcation. They sought repatriation to …

STATE OF BIHARversusKUMAR PROMOD NARAIN SINGH AND ORS.

1997 INSC 405Disposed off

The State of Bihar recruited for Class III posts through the Bihar State Selection Service Board, advertising 1,005 positions and receiving a large number of applications. After selection, the government claimed appointments were made based on pay scale and educational qualifications, without …

STATE OF BIHARversusKAUSHAL KISHORE SINGH AND ORS.

1997 INSC 406Disposed off

The Supreme Court examined the recruitment of Class III posts by the Bihar State Selection Service Board, where no merit list was prepared and candidates were selected solely on educational qualifications and pay‑scale considerations. The High Court had held that such selection without a merit list …

MAHENDRA RAGHUNATHDAS GUPTAversusVISHVANATH BHIKAJI MOGUL AND ORS.

1997 INSC 407Appeal(s) allowed

The appellant, brother of the original tenant, continued to pay rent after the landlords directed payment to new persons and later sold the property to the respondents without giving the tenant notice of the sale. After a notice dated 29 September 1986 demanding arrears, the appellant tendered the …

R.C. TIWARIversusM.P. STATE CO-OPERATIVE MARKETING FEDERATION LTD. AND ORS.

1997 INSC 398Dismissed

R.C. Tiwari, an employee of M.P. State Co‑operative Marketing Federation Ltd., was dismissed for misconduct. He obtained a reference under the Madhya Pradesh Societies Act, which confirmed the dismissal and became final. He then approached the Labour Court under Section 10(1) of the Industrial …

THE SREE NARAYANA DHARMASANGHOM TRUSTversusSWAMI PRAKASANANDA AND ORS.

1997 INSC 399Leave Granted & Dismissed

The dispute concerned the validity of elections to the Committee of the Sree Narayana Dharmasanghom Trust. After a series of orders by the Kerala High Court, a Special Leave Petition (SLP) was filed in the Supreme Court and dismissed. The appellant argued that the dismissal of the SLP was not a …

PHYSICAL RESEARCH LABORATORYversusK.G. SHARMA

1997 INSC 390Appeal(s) allowed

The Physical Research Laboratory (PRL), a government research institute under the Department of Space, retired employee K.G. Sharma at age 58, prompting him to claim a statutory retirement age of 60 under the Industrial Disputes Act, 1947. The Labour Court held that PRL was an "industry" within the …

ANSUYABEN KANTILAL BHATTversusRASHIKLAL MANIKLAL SHAH AND ANR.

1997 INSC 392Disposed off

The landlord, Ansuya Ben Kantilal Bhatt, filed a suit in 1966 seeking eviction of tenant Rashiklal Maniklal Shah under the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 on the grounds of personal occupation and alleged rent default. After 31 years of litigation, the Supreme Court …

OKHLA ENCLAVE JOINT ACTION COMMITTEE ETC.versusUNION OF INDIA AND ORS.

1997 INSC 377Disposed off

The petitioners, members of the Okhla Enclave Joint Action Committee, filed writ petitions under Article 32 alleging that the builder (Durga Builders Ltd., the ‘coloniser’) was not sincerely allotting the plots they had booked. The dispute centered on whether the coloniser should allocate plots …

SHRI D.P. PATILversusUNION OF INDIA AND ORS.

1997 INSC 378Dismissed

The appellant, D.P. Patil, retired in 1975 and failed to exercise the option to switch to a pension scheme during several extensions of the deadline. After others were granted pension benefits by a Tribunal, he filed a petition claiming ignorance of the extensions and sought a pension. The Tribunal …

RAMAVATARversusSTATE OF BIHAR AND ORS.

1997 INSC 381Dismissed

The appellant, Ramavatar, sought promotion to Engineer‑in‑Chief on the basis of a Scheduled Tribe (ST) status. The Supreme Court examined his claim by directing him to submit a genealogy table of his family history. The affidavit revealed that his ancestors originated from Bilaspur, Madhya Pradesh, …

UNION OF INDIA AND ANR.versusKARAM SINGH AND ORS.

1997 INSC 382Leave Granted & Allowed

The respondents' property was acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. After the Land Acquisition Collector fixed compensation, the respondents objected and an arbitrator enhanced the award. The Single Judge set aside the arbitrator’s award and fixed a …

JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.versusBAL KISHAN SONI AND ORS.

1997 INSC 383Leave Granted & Disposed off

The Jawahar Lal Nehru Krishi Vishwavidyalaya had undertaken a project under a scheme sponsored by the Indian Council of Agricultural Research (ICAR), creating 625 posts that were co‑terminus with the scheme. Employees working as binders, machine operators and Class IV staff filed a writ petition in …

V.K. DUBEY AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 385Leave Granted & Dismissed

The appellants, originally employed on the diesel side of Indian Railways, were trained and transferred to the electrical locomotive side after the introduction of electric engines. A dispute arose regarding the inter‑se seniority of those already working on the electrical side versus the …

STATE OF MAHARASHTRA AND ORS.versusDR. SHRI HARI SHANKAR VAIDHYA AND ORS.

1997 INSC 386Leave Granted & Disposed off

The petitioners, teachers in privately aided Ayurvedic, Unani and Homeopathic colleges, sought to obtain pension and gratuity benefits under the Maharashtra State Government Civil Service (Pension) Rules, 1982, which did not expressly cover them. The State of Maharashtra argued that extending such …

THE LAND ACQUISITION OFFICERversusSHIVABAI AND ORS.

1997 INSC 371Leave Granted & Allowed

The case concerned land acquired under the Land Acquisition Act, 1894 for the Sriram Sagar Project. After the award of compensation was made on 22 November 1965, the claimants received the payment without protest. They later filed a writ petition alleging that a reference under Section 18 of the Act …

DHANNA SINGH AND ORS.versusBALJINDER KAUR AND ORS.

1997 INSC 372Leave Granted & Dismissed

The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser …

THE STATE OF WEST BENGAL AND ANR.versusARUN KUMAR BASU AND ANR.

1997 INSC 373Leave Granted & Allowed

The respondents, liquidators of the former West Bengal Provincial Company Ltd., challenged the State's acquisition of about 30 miles of land for a railway line, arguing that the vesting under the West Bengal Estates Acquisition Act, 1953 did not apply to non‑agricultural land and that the …

THE STATE OF BIHAR AND ORS.versusSYED ASAD RAZA AND ORS.

1997 INSC 374Leave Granted & Dismissed

Maulana Azad College, Ranchi, a minority institution, had entered into a 1972 agreement that no new posts could be created without the Vice‑Chancellor’s prior permission. After the Bihar State Universities Act, 1976 came into force, the college created a post and appointed Syed Asad Raza in 1979. …

L.N. VENKATESANversusTHE STATE OF TAMIL NADU AND ORS.

1997 INSC 375Dismissed

The petitioner, L.N. Venkatesan, challenged land acquisition proceedings that began with a notification under Section 4(1) of the Land Acquisition Act, 1894 (published 11‑June‑1975) and a declaration under Section 6 (published 3‑March‑1978). He obtained interim court orders in 1982 and 1986 that …

SHRI SURESH CHANDRAversusSHRI J.B. AGARWAL AND ORS.

1997 INSC 376Leave Granted & Allowed

The appellant, Suresh Chandra, an Assistant Manager (Electrical), sought promotion to the solitary Senior Manager (Electrical) post using the rule of roster (reservation) for Scheduled Castes and Scheduled Tribes. The respondents filed a writ petition contending that reservation could not be applied …

M/S. RAAG RANG AND ANR.versusTHE GENERAL MANAGER, DELHI TELEPHONES AND ORS.

1997 INSC 359Disposed off

The appellants, M/s Raag Rang and others, claimed they had paid their telephone dues of Rs. 5,370.35 plus reconnection charges, yet faced a threat of disconnection. The General Manager, Delhi Telephones, issued a letter stating that no record of such payment existed in its bonds. The dispute …

TEJRAMversusPATIRAMBHAU

1997 INSC 360Appeal(s) allowed

The appellant owned 22.38 acres of land and executed a document on 20 April 1972 that purported to be an agreement to sell 11.76 acres for Rs.50,000, with Rs.48,000 allegedly received as consideration. The sale deed was never executed, and the respondent, a money‑lender, issued a notice and sued for …

S. SIVAPRAKASAMversusB.V. MUNIRAJ AND ORS.

1997 INSC 361Dismissed

The Catholic Syrian Bank, as mortgagee, obtained a preliminary decree (1951) and a final decree (1952) against mortgagor Manickam Mudaliar. While objections to the final decree were pending, a money creditor obtained a separate money decree, and the mortgaged property was sold in execution to …

STATE OF WEST BENGALversusSMT. MAYA DUTTA AND ORS .

1997 INSC 363Disposed off

Smt. Maya Dutta bought 1,065 sq. ft. of land from Bangur Land Development Corporation Ltd., a private agency, after the Urban Land (Ceiling of Regulation) Act, 1976 came into force. She sought permission under Section 27(2) of the Act to sell the building constructed on the land; the competent …

VENKAPPA GURAPPA HOSURversusKASAWWA C/O. RANGAPPA KULGOD

1997 INSC 364Dismissed

The appellant claimed a sale agreement dated 9 August 1959 and filed a suit for specific performance on 5 November 1972, after the respondent had obtained a possession decree in his favour on 9 November 1971. The appellant issued a notice to the respondent on 22 August 1972, asserting denial of the …

S. VANATHAN MUTHURAJAversusRAMALINGAM ALIAS KRISHNAMURTHY GURUKKAL AND ORS.

1997 INSC 365Dismissed

The appellant purchased a one‑third share in a property and filed suits for declaration of title and partition. While the suit was pending, the Tehsildar, under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, conducted a suo motu inquiry and granted a Ryotwari patta to …

SMT. SATHYAPREMA MANJUNATHA GOWDAversusTHE CONTROLLER OF ESTATE DUTY, KARNATAKA

1997 INSC 366Dismissed

Manjunatha Gowda, a coparcener in a Hindu joint family, received a 4/5 share of family property after a partition in 1965. He died in 1971, and his widow Smt. Sathyaprema Manjunatha Gowda and their unmarried daughter claimed a share of the estate under Section 8(1)(d) of the Hindu Law Women’s Rights …

K. MANLCKARAJversusUNION OF INDIA

1997 INSC 349Appeal(s) allowed

The appellant, a Scheduled Caste employee of Indian Railways, was promoted up to Welfare Inspector Grade III and sought promotion to Grade II after a restructuring increased the proportion of posts in each grade. The restructuring raised the total Grade II posts from 23 to 26, which, with a 15% …

KAMLESHWAR PRASADversusPRADUMANJU AGARWAL (DEAD) BY LRS.

1997 INSC 350Leave Granted & Dismissed

The landlord filed an eviction suit under Section 21(1)(a) of the Uttar Pradesh Premises (Regulation of Rent and Eviction) Act, 1972, claiming a bona‑fide need for the premises to start a cloth business. The prescribed authority rejected the claim, but the appellate authority reversed that decision …

S. GURDIAL SINGH AND ORS.versusLUDHIANA IMPROVEMENT TRUST

1997 INSC 352Dismissed

The Supreme Court heard an appeal by special leave against a Punjab & Haryana High Court order dismissing a writ petition that challenged the Ludhiana Improvement Trust's land acquisition. The Trust had issued notifications under the Punjab Town Improvement Act, 1922 (equivalent to Section 4(1) of …

KARUNA RAM MEDHI AND ORS.versusKAMAKHYA PRASAD BARUAH AND ANR.

1997 INSC 353Dismissed

The appellant (landlord) leased land to the respondent (tenant) in 1953 for seven years. The tenant built a house within five years, which was destroyed by fire in 1958 and subsequently rebuilt. The landlord served a notice to vacate on 12 December 1959 without the one‑month period required under …

DIRECTOR OF SCHOOL EDUCATIONversusT. LEKSHMAIAH AND ORS.

1997 INSC 354Appeal(s) allowed

The respondents, originally Senior Assistant Grade‑II teachers, were promoted to Grade‑I and claimed entitlement to graded advance increments based on their total length of service under Government Order (G.O.) No. 41 dated 4 February 1980. The Tribunal had set aside their claim on a procedural …

STATE OF ORISSA AND ORS.versusSHRI RAMANATH PATNAIK

1997 INSC 355Appeal(s) allowed

Ramanath Patnaik, who entered the Orissa State service as a clerk in 1944, had his date of birth recorded as 1 January 1921 based on his matriculation certificate. After retiring in 1976, he filed a suit in 1981 seeking a declaration that his correct date of birth was 1 January 1925. The trial court …

VANKAMAMIDL VENKATA SUBBA RAOversusCHATLAPALLI SEETHARAMARATNA RANGANAYAKAMMA

1997 INSC 356Appeal(s) allowed

V. Satyanarayana died leaving his widow Raghavamma, a minor son (the appellant) and a daughter (the respondent). A 1955 compromise decree partitioned the estate, granting the widow a life interest with reversion to the son. After the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) …

TAR MOHAMMED AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.

1997 INSC 344Dismissed

The appellants claimed tenancy rights over a 689.28‑acre partnership property that had been declared evacuee property after one partner migrated to Pakistan. They argued that, under Section 12(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, a tenancy existing before 14 …

RANDHIR SINGH AND ORS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1997 INSC 345Dismissed

The appellants and respondents were holding haats (market places) on land in Uttar Pradesh. The dispute centered on whether the Settlement Officer under the U.P. Consolidation of Holdings Act, 1954 could adjudicate a case involving buildings on that land used for commercial purposes. Section 3(5) of …

SEWA RAM AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 346Dismissed

Mohd. Marghoob Siddiqui, who had migrated to Pakistan before 1947 and became a Pakistani citizen, claimed Bhumidari rights of his mother Kabool Fatima after her death in 1965 and sold the land to the appellants. The Union of India and others initiated proceedings under the Enemy Property Act, 1968, …

PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.

1997 INSC 347Disposed off

The petitioners, manufacturers of Ayurvedic, Siddha and Unani drugs, challenged the amendment to Section 3(h) of the Drugs and Cosmetics Act, 1940, arguing that it arbitrarily prohibited the manufacture of drugs administered by the parenteral route and violated Articles 14 and 19(1)(g) of the …

PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.

1997 INSC 348Disposed off

Pratap Pharma Pvt. Ltd. and others filed writ petitions under Article 32 challenging the amendment of Section 3(h) of the Drugs and Cosmetics Act, 1940 (as amended by Act 68 of 1982), alleging it was arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution. The petitioners contended …

G. RAMESANversusSTATE OF KERALA AND ANR.

1997 INSC 336Dismissed

The Kerala High Court classified 17 acres of land acquired for a Kerala Road Transport Corporation depot into two belts – land abutting the road and low‑lying land below one metre – and awarded different compensation rates. The appellant challenged this classification, arguing that the belting …

STATE OF ORISSA AND ANR.versusDAMODAR NAYAK AND ANR.

1997 INSC 337Leave Granted & Allowed

The appeal concerned whether a lecturer appointed in 1976 without the requisite qualifications could receive salary under the Government's Grant‑in‑Aid Scheme. The State clarified in 1987 that unqualified lecturers with at least second‑class marks could be eligible, and a 1983 resolution prescribed …

UNION OF INDIAversusR.V. SWAMY@ VELLAICHAMY

1997 INSC 338Leave Granted & Allowed

R.V. Swamy, a deceased freedom fighter, claimed a Central Freedom Fighters pension based on certificates issued by prominent freedom fighters. The Madras High Court, after appreciating the evidence, directed that the pension be granted to his legal representatives. The Government of Tamil Nadu …

LUXMI DEVIversusTHE STATE OF HARYANA AND ORS.

1997 INSC 339Appeal(s) allowed

The appellant, Luxmi Devi, joined the police service as a Constable in 1981 and, through superior performance, was promoted and confirmed ahead of respondent No.6, Asha Rani, who was later transferred to Rohtak range at her own request. After the appellant's deputation period ended, the State …

HARINARAYAN SHRIVASTAVversusUNITED COMMERCIAL BANK AND ANR.

1997 INSC 340Dismissed

The petitioner, a bank employee, was charged with sanctioning loans to fictitious persons and a domestic enquiry was initiated. He applied for permission to engage an advocate, which was denied by the bank and upheld by the High Court. The petitioner argued that the pending criminal case on the same …

KRISHAN KUMAR, ASSISTANT SECRETARY, MARKET COMMITTEE, BHIWANI, DISTRICT BHIWANI, (HARYANA)versusHARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA THROUGH ITS CHIEF SECRETARY.

1997 INSC 342Leave Granted & Allowed

The Haryana State Agricultural Marketing Board advertised for Assistant Secretary posts requiring a graduate degree, knowledge of the Punjab Agricultural Produce Marketing Act and at least three years of experience in a government or semi‑government body. Krishan Kumar was appointed based on …

UNION OF INDIA AND ORS. ETC.versusK.G. KULKARNI ETC.

1997 INSC 326Leave Granted & Allowed

K.G. Kulkarni, a former sorter in the Railway Mail Service who was working as a clerk in the Speed Post Section, was denied an opportunity to appear for the departmental examination for promotion to Postal Superintendent/Postmaster Group B. He challenged the decision before the Central …

U.P. STATE ROAD TRANSPORT CORPORATION, ALIGARHversusSTATE OF U.P. AND ORS.

1997 INSC 327Appeal(s) allowed

The Uttar Pradesh State Road Transport Corporation sought higher compensation for 24.9 acres of land acquired for a road transport depot. The Collector initially awarded Rs. 11.25 per square yard, which was enhanced to Rs. 25 per square yard by the Additional District Judge under Section 18 of the …

GANPATBHAI M. SOLANKIversusDISTRICT COLLECTOR, VADODARA AND ANR.

1997 INSC 328Dismissed

The case concerned the Baroda District Cooperative Milk Producers' Union Ltd., where the Committee was elected for a three‑year term, but the Collector convened a meeting to elect a President and Vice‑President for a one‑year term. The petitioners argued that, under Sections 74‑C and 145(2) of the …

STATE OF U.P. AND ANR.versusBRIJ NATH MISRA

1997 INSC 329Leave Granted & Allowed

B.N. Misra was appointed on an ad‑hoc basis as an Ayurvedic Medical Officer in October 1983. After an unauthorised five‑year absence, a government order dated 8 September 1989 allowed him to resume duty upon production of a fitness certificate, treating the absence as a break in service. A selection …

DR. S.C.V. REDDY, AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 330Leave Granted & Allowed

The Supreme Court examined the applicability of the Mysore Agricultural Department Service (Recruitment) Rules, 1961, to determine the inter‑se seniority between directly recruited officers and promotees in the Karnataka Agricultural Service. The appellants contended that the Karnataka …

MADANLAL SETHI AND ORS. ETC.versusSTATE OF M.P. AND ORS. ETC.

1997 INSC 332Dismissed

The appellants, owners of saw‑mills, challenged the constitutionality of the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the M.P. Transit (Forest Produce) Rules, 1961, contending that the mandatory maintenance of detailed records (Forms D‑1, D‑2, D‑3) and the consequent risk of …

STATE OF PUNJAB AND ORS.versusG.S. GILL AND ANR.

1997 INSC 333Leave Granted & Allowed

The State of Punjab appointed a general‑category employee as Junior Technical Assistant and later promoted a Scheduled Caste candidate to the sole Assistant Superintendent post, which was reserved under the roster. The aggrieved general‑category employee sought a mandamus to de‑reserve the post, …

RAJEEV MANKOTIAversusTHE SECRETARY TO THE PRESIDENT OF INDIA AND ORS.

1997 INSC 334Disposed off

The petitioner, Rajeev Mankotia, filed a writ petition under Article 32 seeking protection of the Viceregal Lodge in Shimla as an ancient monument of national importance, opposing the Union Government's plan to convert it into a tourist hotel. The Court examined the definition of "ancient monument" …

HIMANSHU KUMAR VIDYARTHI AND ORS.versusSTATE OF BIHAR AND ORS.

1997 INSC 322Dismissed

The petitioners, who were appointed as daily‑wage assistant, driver and peons in a cooperative training institute of the Bihar government, had their services terminated by the institute's principal. They filed a writ petition alleging that their dismissal violated Section 25F of the Industrial …

A.K. JADHAVversusSTATE OF M.P. AND ORS.

1997 INSC 324Leave Granted & Dismissed

While serving as a Tehsildar, A.K. Jadhav was caught in a trap for demanding and accepting an illegal gratification of Rs.20,000. The Commissioner of the district suspended him on 21 March 1996 pending investigation. Jadhav challenged the suspension, arguing that only the State Government, as the …

SRI N. UMAPTHYversusB.V. MUNIYAPPA

1997 INSC 318Leave Granted & Dismissed

The respondent, Sri N. Umapathy, purchased the suit property and associated machinery from his vendor and has been in continuous possession since November 1989. The appellant, B.V. Muniyappa, holds a mining lease over the same land, granted by the Government on 29 November 1993. The trial court …

MRS. P.K. SANDHUversusSHIV RAJ V. PATIL ETC.

1997 INSC 319Dismissed

Mrs. P.K. Sandhu, an in‑service officer of the Lok Sabha Secretariat, filed a writ of quo warranto challenging the appointments of several Additional Secretaries, Joint Secretaries and the Secretary to the Speaker who had been placed on deputation before the recruitment rules were amended. The …

MAKHAN LALversusASHARFI LAL AND ORS.

1997 INSC 320Leave Granted & Allowed

The respondents, who were licensees of a portion of a house belonging to Baij Nath, sued Makhanlal for permanent injunction, possession and damages, claiming they had no right to remain after the licence was revoked. Makhanlal contended that he had contributed half the cost of constructing the …

UNION OF INDIA AND ORS.versusSHRI BIHARI LAL SIDHANA

1997 INSC 321Leave Granted & Allowed

Shri B.L. Sidhana, a temporary cash clerk in the Delhi Milk Scheme, was accused of misappropriating funds and was placed under suspension. While the criminal prosecution was pending, the competent authority terminated his services under Rule 5(1) of the Central Civil Services (Temporary Service) …

ASHOK KUMAR GUPTA AND ANR.versusSTATE OF U.P. AND ORS.

1997 INSC 308Dismissed

The petitioners challenged the promotions of several engineers in the Uttar Pradesh Public Works Department, arguing that the Supreme Court's decision in Indira Sawhney (Mandal) that reservation in promotion was unconstitutional could not be postponed for five years. The Court examined whether the …

THE HIMACHAL ROAD TRANSPORT CORPORATION AND ANR.versusSHRI KEWAL KRISHAN

1997 INSC 311Leave Granted & Allowed

The Himachal Road Transport Corporation (HRTC) initiated disciplinary proceedings against conductor Shri Kewal Krishan for failing to issue tickets. The enquiry was started by the Assistant Manager, Mr K.N. Uppal, who had been designated as Head of Office under the HRTC (Class III & IV) Services …

THE SECRETARY TO GOVERNMENT AND ANR.versusK. MUNNIAPP AN

1997 INSC 312Leave Granted & Allowed

The Supreme Court examined whether a civil servant can be suspended before retirement when an enquiry into a grave criminal offence is merely contemplated. K. Munniappan, a Divisional Engineer, was served a suspension order under Rule 17(e)(1) of the Tamil Nadu Civil Services (CCA) Rules because an …

C.S. JOSHIversusINDIAN INSTITUTE OF TECHNOLOGY, KANPUR AND ANR.

1997 INSC 314Leave Granted & Dismissed

C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced …

BALESHWAR TEWARI (DEAD) BY LRS. AND ORS.versusSHEO JATAN TIWARY AND ORS.

1997 INSC 299Appeal(s) allowed

The respondent purchased three bighas and six kathas of land from the Raja Dumraon Raj in 1957 and filed a suit for declaration of title. The appellant claimed he had been in possession of the land as a lessee since 1925 and the trial court dismissed the suit, finding the appellant to be a raiyat. …

JAI PRAKASH SHARMAversusSTATE OF U.P. AND ORS.

1997 INSC 301Dismissed

J.P. Sharma, who had been Headmaster of a Junior High School since July 1974, contested the appointment of Man Singh Verma as Headmaster of the same school after it was upgraded to a High School in July 1976. The selection was made under Section 16‑E(2) of the U.P. Intermediate Education Act, 1921, …

SMT. RAM SAKHI DEVI ETC.versusSTATE OF U.P. AND ORS. ETC.

1997 INSC 302Dismissed

The appellant, Ram Sakhi Devi, was appointed headmistress of a junior high school that was upgraded to a high school. The managing committee selected her under the U.P. Intermediate Education Act, 1921, but the District Inspector did not ratify the appointment. The appellant challenged the dismissal …

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 …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusASHWANI KUMAR

1997 INSC 276Appeal(s) allowed

The Punjab State Electricity Board supplied electricity to Ashwani Kumar, later issuing a bill of Rs.1,90,498.79 for the period Dec 1983‑Jan 1985. Kumar filed a civil suit seeking a permanent injunction to restrain the Board from recovering the amount. The trial court decreed in his favour, an …

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 …