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K RAMASWAMY

1805 judgments · newest first · showing 201–400

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

1997 INSC 247Appeal(s) allowed

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

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

1997 INSC 248Appeal(s) allowed

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

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

1997 INSC 249Dismissed

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

SRI SANJOY BHATTACHARJEEversusUNION OF INDIA AND ORS.

1997 INSC 250Dismissed

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

STATE OF HARYANAversusSURINDER KUMAR AND ORS.

1997 INSC 251Appeal(s) allowed

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

THE DIRECTOR OF TRIBAL WELFAREversusLAVETI GIRI AND ORS.

1997 INSC 253

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

SRI DEVENDRA PRASAD SHARMAversusTHE STATE OF MIZORAM AND ORS.

1997 INSC 254Dismissed

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

SHRI KANWAR SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 214Dismissed

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

JAI MANGLA HARIJAN KALYAN SAMITIversusSTATE OF ORISSA AND ORS.

1997 INSC 216Disposed off

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

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

1997 INSC 217Appeal(s) allowed

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

PRAHALLAD BARALversusGOVERNMENT OF ORISSA AND ORS.

1997 INSC 218Appeal(s) allowed

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

KATTA RAMUDUversusSTATE OF ANDHRA PRADESH

1997 INSC 219Dismissed

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

PRAKASH CHANDRA SAHUversusSTATE TRANSPORT AUTHORITY AND ORS.

1997 INSC 220Dismissed

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

BASUDEV PATIversusSTATE OF ORISSA AND ANR.

1997 INSC 221Dismissed

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

SWATANTAR SINGHversusSTATE OF HARYANA AND ORS.

1997 INSC 222Dismissed

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

RADHA KISHUNversusUNION OF INDIA AND ORS.

1997 INSC 208Dismissed

The petitioner, a tele‑communications officer, was required to retire on 31 May 1991 upon attaining the age of superannuation but continued in service until 31 May 1994. The Government sought to recover salary and allowances paid to him for the period after his statutory retirement date, and the …

SH. RABINDRANATH MUKHOPADHYAY AND ANR.versusCOAL INDIA LTD. AND ANR.

1997 INSC 209Dismissed

Coal India Ltd. introduced a resolution on 14 September 1996 allowing executive employees to either avail the Leave Travel Concession (LTC) or encash it without producing a travel certificate, effective from 1 January 1997. The petitioners contended that fixing this date was arbitrary and …

RAE BARELI KSHETRIYA GRAMIN BANKversusBHOLA NATH SINGH AND ORS.

1997 INSC 210Appeal(s) allowed

The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the …

KRISHNAKANT RAGHUNATH BIBHAVNEKARversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 211Dismissed

The appellant, a compositor in a Government of India printing press, was charged under Section 409 of the IPC and suspended pending trial, receiving only a subsistence allowance. After being acquitted, he was reinstated but denied back wages, increments, and pension benefits that he claimed as …

H.R. RAMACHANDRAIAH AND ANR.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 212Dismissed

The petitioners, appointed as Laboratory Attenders in the Karnataka Horticulture Department, claimed promotion to the post of Field Assistant by treating themselves as equivalent to Head Gardeners under the Karnataka Horticulture (Department) Recruitment Rules, 1974. The Karnataka Administrative …

M. HARA BHUPALversusUNION OF INDIA AND ORS.

1997 INSC 192Dismissed

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

LAXMI NARAIN MEHARversusUNION OF INDIA AND ORS.

1997 INSC 193Dismissed

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

MST. BHABIA DEVIversusPERMANAND PD. YADAV

1997 INSC 194Dismissed

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

SHIBA KUMAR DUTTAND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 195Dismissed

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

STATE OF GUJARATversusDAHYABHAI ZAVERBHAI

1997 INSC 196Appeal(s) allowed

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

TARA CHAND VYASversusCHAIRMAN AND DISCIPLINARY AUTHORITY AND ORS.

1997 INSC 197Dismissed

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

LAL CHANDversusVIIITH ADDL. DISTRICT JUDGE AND ORS.

1997 INSC 179Appeal(s) allowed

The appellant had entered into a contract to sell a parcel of land to the respondent, who later sued for specific performance but the suit was dismissed and a decree for refund of earnest money was granted. The decree-holder sought execution of the decree, leading the court to attach and auction the …

DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHAversusTHE STATE OF BIHAR AND ORS.

1997 INSC 180Disposed off

The petitioner, Dr. (Capt.) Akhouri Ramesh Chandra Sinha, filed a contempt petition alleging that the State of Bihar had failed to implement the Supreme Court’s earlier judgment fixing his seniority from 6 September 1966 and the consequent promotional benefits. He further claimed that officers who …

RAM SAKAL SINGHversusMOSAMAT MONAKE DEVI (DEAD) AND ORS.

1997 INSC 181Dismissed

The appellant, a member of a joint Hindu family, executed a gift deed in favour of a stranger in 1959, later cancelled it and sold the property to the respondent. The respondent sued for a declaration that the gift deed was obtained by fraud and therefore voidable, and for possession based on the …

STATE OF U.P.versusYAMUNA SHANKER MISRA AND ANR.

1997 INSC 183Appeal(s) allowed

The State of U.P. appealed against a Service Tribunal and High Court order that quashed adverse remarks recorded in the confidential reports of Yamuna Shanker Misra and another employee for the years 1987‑88 and 1988‑89, which had denied their promotion. The Tribunal held the remarks were made with …

BANDHUA MUKTI MORCHA ETC.versusUNION OF INDIA AND ORS .

1997 INSC 184Disposed off

The Bandhua Mukti Morcha filed a public‑interest writ under Article 32 seeking a total ban on employment of children below 14 years in the carpet industry of Uttar Pradesh and direction to provide education, health, nutrition and other welfare facilities. The Court examined evidence showing …

SHRI SHIVJIversusSHRI RAGHUNATH (DEAD) AND ORS.

1997 INSC 170Dismissed

The deceased respondent and Smt. Reshambai jointly purchased 9 acres of land. Reshambai executed an agreement of sale in favour of the appellant, promising to convey her share to the respondent, but later refused to execute the deed, alleging fraud and that the agreement was void under the rule …

RANA PRATAP SINGHversusSTATE OF U.P. AND ORS.

1997 INSC 171Dismissed

The appellant, Rana Pratap Singh, was temporarily promoted to Sub‑Inspector in February 1976 and served in that post until his reversion on 7 May 1983. The Government later created 1,300 super‑numerary police posts in December 1984, stipulating that only Sub‑Inspectors who had served three years or …

N. MURLEEDHARAN AND ORS. ETC.versusTHE STATE OF KERALA AND ORS.

1997 INSC 172Dismissed

The appellants, Kerala recruits in the Land Revenue Department, challenged the validity of the Special Rules issued by the Government of Kerala on 16 June 1980, which retrospectively required Lower Division Clerks to pass certain promotion tests dating back to 1963 and 1964. The Kerala High Court …

STATE OF HARYANAversusDR. A.K. SINHA

1997 INSC 173Appeal(s) allowed

Dr. A.K. Sinha, an IAS officer allotted to the Haryana cadre, obtained a Ph.D. in 1979 and sought four advance increments under Rule 2(b) of the All India Services (Conditions of Service) Rules, 1960. The Haryana State Government denied the request, but the Punjab & Haryana High Court directed the …

BHOLA NATH MISRAversusRAJENDRA PANDEY AND ANR.

1997 INSC 174Dismissed

The Supreme Court examined a civil appeal concerning a decree that granted a perpetual injunction against the appellant and a second defendant in a land dispute. The decree against the second defendant had become final because he did not contest it, while the appellant appealed the decree. The …

THE STATE OF HARYANA AND ORS.versusRAM KUMAR MANN

1997 INSC 175Appeal(s) allowed

The respondent, a Smallpox Supervisor in the Haryana Health Department, resigned to contest state assembly elections and his resignation was accepted. After losing the election, he applied to withdraw his resignation, but the application was rejected, leading him to file a writ petition. The Punjab …

SMT. KAMESHWARI DEVI @ KALESHWARI DEVIversusSMT. BARHANI (DEAD) BY LRS. AND ORS.

1997 INSC 176Dismissed

The appellant, Kameshwari Devi, was a minor when a partition suit (Suit No. 178/57) was filed in 1957 concerning the estate of her father, Bigan Kumhar. A court‑appointed guardian represented her, and the suit resulted in a decree granting a 1/42 share to each branch, based on a registered partition …

SATISH KUMARversusZARIF AHMED AND ORS.

1997 INSC 177Appeal(s) allowed

The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease …

MD. ALIMUDDINversusWAIZUDDIN AND ANR.

1997 INSC 159Dismissed

The case concerned a decree for specific performance granted in 1982, which became final after the Supreme Court dismissed a Special Leave Petition. The trial court had directed the respondents to deposit Rs. 500 and execute a sale deed by June 7, 1982, and later extended the time for compliance on …

M/S. ASHOK CATERERSversusMUNICIPAL CORPORATION OF GREATER BOMBAY (BEST UNDERTAKING)

1997 INSC 160Dismissed

The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction …

SMT. BULAKI (DEAD) BY LRS.versusLAL DHAR AND ORS.

1997 INSC 161Appeal(s) allowed

Bechan, a bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950, executed three gift deeds in favour of his stepson Laldhar—two in June 1951 and one on 18 November 1957. The first two gifts were challenged on the ground that permission for alienation was not properly obtained, but …

S.S. DAYANANDAversusK.S. NAGESH RAO AND ORS.

1997 INSC 162Dismissed

The respondent obtained a decree for Rs. 3,825.85 and his property was sold on December 18, 1978; the petitioner bought it for Rs. 67,000. The respondent filed an application under Order XXI, Rule 90 of the CPC to set aside the sale, which the executing court dismissed. On appeal, the appellate …

RAMBIR DAS AND ANR.versusKALYAN DAS AND ANR.

1997 INSC 163

The case concerned the succession to the shebaitship of the Shri Jugal Kishoreji Maharaj Mandir founded by Hari Dass. After the founder's death, his four chelas were nominated but none exercised the power to appoint a successor. The last serving chela, Bansi Dass, executed a will nominating Rambir …

TAMIL NADU ELECTRICITY BOARDversusM/S. BRIDGE TUNNEL CONSTRUCTIONS AND ORS.

1997 INSC 155Appeal(s) allowed

The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and …

STATE OF U.P. AND ORS.versusAJAY KUMAR

1997 INSC 146Appeal(s) allowed

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

THE STATE OF TAMIL NADU AND ORS.versusA. GURUSAMY

1997 INSC 147Appeal(s) allowed

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

STATE OF RAJASTHANversusR. DAYAL AND ORS.

1997 INSC 148Disposed off

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

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

1997 INSC 149Disposed off

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

SADHVI RITUMBHARAversusDIGVIJA Y SINGH AND ANR.

1997 INSC 151

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

VINAY PRAKASH AND ORS.versusSTATE OF BIHAR & ORS.

1997 INSC 152Dismissed

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

NIRMALA JAGDISHCHANDRA KABRAversusTHE TRANSPORT COMMISSIONER AND ORS.

1997 INSC 144Dismissed

Petitioner Nirmala Jagdishchandra Kabra held a contract carriage permit but was alleged to be operating the vehicle as a stage carriage by collecting individual fares, violating the permit conditions. The Motor Vehicle Inspector seized and detained the vehicle under Section 207(1) of the Motor …

CALCUTTA MUNICIPAL CORPORATION AND ANR.versusSUJIT BARAN MUKHERJEE AND ORS. ETC.

1997 INSC 145Appeal(s) allowed

The respondents, all junior copyists appointed on the same day, sought parity of pay with a colleague, Shankar Bose, who had been transferred to the Secretariat Department and received a special overtime allowance of Rs. 50, which later merged into his revised pay scale, giving him a higher salary …

STATE OF RAJASTHANversusTARACHAND AND ORS.

1997 INSC 130Dismissed

The petitioners challenged their promotions on the ground that their service records were not "outstanding" throughout the period considered, invoking Rule 28‑B of the Rajasthan Administrative Service Rules, 1954. The State argued that an amendment to Rule 28‑B made on 30‑Nov‑1991, which clarified …

RAJ KUMAR AND ORS. ETC.versusSHAKTI RAJ AND ORS. ETC.

1997 INSC 131Directions issued

The case concerned the recruitment of Canal Patwaris (Class III posts) in Haryana's Irrigation Department. The 1955 Patwaris Rules were amended by a 1970 notification requiring selection through the Subordinate Service Selection Board (SSSB). The Government, however, conducted examinations under the …

MISBAH ALAM SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR.

1997 INSC 127Disposed off

Misbah Alam Shaikh challenged the Maharashtra government's abolition of the State Minority Commission, arguing that the decision was mala fide and contrary to the National Commission for Minorities Act, 1992. The Supreme Court examined Sections 3 and 9 of the Act, which vest the duty of constituting …

BIBI JAIBUNISHAversusJAGDISH PANDIT AND ORS.

1997 INSC 128Appeal(s) allowed

Bibi Jaibunisha sold a property to Jagdish Pandit by a registered conveyance dated 21‑02‑1969, which included an agreement that the property would be reconveyed for Rs 4,000. She filed a suit for specific performance of reconveyance on 07‑04‑1975. The trial court and the Patna High Court dismissed …

STATE OF MAHARASHTRA AND ANR.versusDR. S.S. SRIVASTAVA AND ANR.

1997 INSC 129Appeal(s) allowed

The State of Maharashtra filed a contempt petition after the Central Administrative Tribunal (CAT) issued an interim direction ordering the government to consider the promotion of Dr. S.S. Srivastava to the Senior Scale and Junior Administrative Grade. The government had already examined the case on …

MR. P. SRIRAMAMURTHYversusMRS. VASANTHA RAMAN

1997 INSC 123Disposed off

The appellant, a tenant, entered into an 11‑month lease in February 1988 but later fell into arrears, eventually defaulting for six months. The respondent, the landlady, sought eviction under Sections 10(2)(i) and 10(2)(ii)(b) of the Tamil Nadu Building Lease and Rent Control Act, 1960, alleging …

UNION OF INDIA AND ANR.versusSHER SINGH AND ORS.

1997 INSC 124Appeal(s) allowed

The Union of India, on behalf of a Gaon Sabha, acquired land under the Land Acquisition Act, 1894, and a dispute arose over compensation for land recorded as "gair mumkin pahar". The respondents, Sher Singh and others, claimed they were the Bhumidhars of the land and therefore entitled to …

CHITTARANJAN SINGH CHIMA AND ANR.versusSTATE OF PUNJAB AND ORS.

1997 INSC 112Dismissed

The appellants, former Indian Air Force sergeants, were appointed as junior Sports Officers by the Punjab Government under the Punjab Government National Emergency (Concession) Rules, 1965, and claimed that their 15 years of military service should be counted for seniority and consequential benefits …

STATE OF KERALAversusMOTHER ANASTHASIA, SUPERIOR GENERAL AND ORS.

1997 INSC 113Disposed off

Mary Lily was appointed temporarily to a leave vacancy at St. Joseph's College for Women in 1974 and ceased to be a lecturer after three months. In 1976 a permanent vacancy was advertised and Mariamma Chacko was selected. Mary Lily claimed a preferential right to the appointment under Section 57(6) …

S.K. SALDIversusTHE GENERAL MANAGER, U.P. STATE SUGAR CORPORATION LTD. AND ANR.

1997 INSC 114Dismissed

S.K. Saldi, appointed in Meerut Straw Board Mills and later deputed to S.B. Sugar Mills, sought to be repatriated to his parent department when the mill declined to retain him. He filed a civil suit in the Bijnor Civil Court, which ordered his reinstatement and transfer back to the parent …

DR. P.N. DUBEY AND ORS.versusSTATE OF MADHYA PRADESH

1997 INSC 115Dismissed

The appellants, who were Veterinary Assistant Surgeons in the Madhya Pradesh Veterinary Services, sought appointment as Assistant Directors. Under the Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966, recruitment to that post was to be made equally by direct recruitment and promotion. …

THE ACCOUNTANT GENERAL ANDHRA PRADESH AND ANR.versusMOHD. ABDUL RAHMAN KHAN

1997 INSC 116Dismissed

The respondent, Abdul Rahman Khan, was appointed as a Lower Division Clerk in the erstwhile Nizam State on 10 March 1938 and later absorbed into the Central Government on 1 April 1950 as an Upper Division Clerk. The dispute centered on whether he should retire at the age of 58, as prescribed by …

STATE OF PUNJAB AND ORS.versusRAM RAKHA AND ORS.

1997 INSC 117Dismissed

The respondents, heirs of Gobind Mal who held a possessory mortgage over the suit land since 1887‑88, claimed that the mortgage became irredeemable when the Evacuee Interest (Separation) Act, 1951 came into force, and that after the statutory period of 60 years they acquired absolute ownership. The …

SHRI RAM PRAKASHversusSMT. CHARAN KAUR AND ANR.

1997 INSC 89Dismissed

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

HANAMANTHAPPA AND ANR.versusCHANDRASHEKHARAPPA AND ORS.

1997 INSC 91Dismissed

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

THEGOVERNMENT OF TAMIL NADU AND ANR.versusK. JA YARAMAN

1997 INSC 92Disposed off

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

THE STATE OF BIHAR AND ORS.versusSUBHASH SINGH

1997 INSC 93Dismissed

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

AMITABH KUMAR AND ANR.versusDIRECTOR OF ESTATES AND ANR.

1997 INSC 94Dismissed

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

VALIAMMALversusR. PALANICHAMI NADAR AND ORS.

1997 INSC 95Dismissed

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

JAIPUR DEVELOPMENT AUTHORITYversusSITA RAM AND ORS.

1997 INSC 96Appeal(s) allowed

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

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

1997 INSC 97Dismissed

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

SUBHASH CHANDRA CHAUDHARI AND ORS.versusRAM MILAN AND ORS.

1997 INSC 82Dismissed

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

STATE OF UTTAR PRADESHversusDR. DINA NATH SHUKLA AND ANR.

1997 INSC 83Disposed off

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

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

1997 INSC 63Appeal(s) allowed

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

PRAMOD KUMAR MANTRI AND ANR.versusSTATE OF ORISSA

1997 INSC 64Appeal(s) allowed

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

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

1997 INSC 65Appeal(s) allowed

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

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

1997 INSC 67Appeal(s) allowed

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

UNION OF INDIA AND ORS.versusSUSHIL KUMAR MODI AND ORS.

1997 INSC 51Disposed off

The Supreme Court reviewed orders of the Patna High Court that were monitoring the Central Bureau of Investigation's (CBI) probe into the Bihar scam. The Court clarified that the High Court's role is limited to ensuring that the CBI performs its statutory duty and must not pass on the merits of the …

KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.

1997 INSC 52Dismissed

The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed …

SODAGAR SINGHversusSTATE OF PUNJAB AND ORS.

1997 INSC 54Dismissed

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

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

1997 INSC 55Dismissed

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

STATE OF HARYANA AND ANR. ETC.versusJOGINDER SINGH ETC

1997 INSC 56Appeal(s) allowed

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

M/S. SWASTIC INDUSTRIESversusMAHARASHTRA STATE ELECTRICITY BOARD

1997 INSC 57Dismissed

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

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

1997 INSC 58Appeal(s) allowed

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

STATE OF PUNJAB AND ANR.versusSWARAN SINGH

1997 INSC 59Appeal(s) allowed

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

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

1997 INSC 41Dismissed

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

STATE OF RAJASTHANversusDINESH KUMAR BHARTI

1997 INSC 42Appeal(s) allowed

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

RAJKOT MUNICIPAL CORPORATIONversusMANJULBEN JAYANTILAL NAKUM AND ORS.

1997 INSC 34Appeal(s) allowed

The deceased Jayantilal was killed when a roadside tree, planted by the Rajkot Municipal Corporation, fell on him while he was walking on a footpath. His widow and children sued the corporation for damages, alleging negligence in failing to maintain the tree in a safe condition. The trial court and …

STATE OF UP & ORS ETCversusSRI LAXMAN RICE MILLS AND ORS. ETC.

1997 INSC 38Disposed off

The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the …

STATE OF PUNJAB AND ORS.versusHARNAM SINGH AND ORS.

1997 INSC 39Appeal(s) allowed

The case concerned teachers who were employed by District Boards and Zilla Parishads in Punjab and whose schools were taken over by the Government of Punjab in 1957‑58. The deed of takeover stipulated that the government was under no obligation to retain the existing staff and that any staff taken …

S.K.G SUGAR LTD.versusSTATE OF BIHAR AND ORS.

1997 INSC 29Dismissed

S.K.G. Sugar Ltd., a sugar factory with a reserved area under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, paid the Central Government‑fixed minimum price of Rs.13.92 per quintal for sugarcane as prescribed in the Sugarcane (Control) Order, 1966. The State Government, acting in …

DR. K. RAMULU AND ANR. ETC.versusDR. S. SURYAPRAKASH RAO AND ORS.

1997 INSC 30Appeal(s) allowed

The respondent, a Veterinary Assistant Surgeon in the Andhra Pradesh Animal Husbandry Department, filed an application seeking a promotion panel for the post of Assistant Director under the then‑applicable Rule 4 of the A.P. Subordinate Service Rules. The Andhra Pradesh Administrative Tribunal …

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

1997 INSC 18Disposed off

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

SHIV KUMARI DEVENDRA OJHAversusRAMAJOR SHITLA PRASAD OJHA AND ORS.

1997 INSC 19Disposed off

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

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

1997 INSC 20Dismissed

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

S. NAGARAJANversusTHE DISTRICT COLLECTOR, SALEM AND ORS.

1997 INSC 21Dismissed

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

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

1997 INSC 24Dismissed

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

STATE OF ORISSAversusDUTI SAHU AND ORS.

1997 INSC 25Appeal(s) allowed

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

BHURI NATH AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1997 INSC 14Disposed off

The Supreme Court examined the constitutionality of the Jammu & Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, which transferred management of the shrine and its endowments to a statutory Board and extinguished the hereditary rights of Baridars to receive offerings. The Baridars argued that the …

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

1997 INSC 2Dismissed

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

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

1997 INSC 3Appeal(s) allowed

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

DIRECTOR, ELEMENTARY EDUCATION AND ORS.versusPRATAP KUMAR NAYAK

1997 INSC 4Appeal(s) allowed

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

M.L. MUBARAK BASHA AND OTHERSversusMUNI NAIDU

1997 INSC 5Dismissed

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

TAMIL NADU ELECTRICITY BOARD AND ANRversusN. RAJU REDDIAR AND ANR

1996 INSC 1530Dismissed

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

N. MOHANANversusSTATE OF KERALA AND ORS.

1996 INSC 1532Dismissed

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

BAKHATAWARversusSHRI SATNARAIN ATID ORS.

1996 INSC 1523Appeal(s) allowed

Shri Neki, a tenant of demised agricultural land for over 50 years, paid one‑third of the crop produce as rent to the landlord's agent. In 1978 the rabi crop failed and he could not pay the share, but later paid the amount. The landlord's General Power of Attorney (GPA) filed an eviction application …

JAGANNATHversusSHRI YUGAL NARAIN PUROHIT, ADV. AND ORS.

1996 INSC 1524Dismissed

The appellant Jagannath challenged a sale of property made by the insolvent Bhadarmal to the respondent Yugal Narain Purohit on May 17, 1958, seeking a declaration under Section 53 of the Provincial Insolvency Act that the transfer was fraudulent. The trial court, a single judge and a division bench …

SMT. RASHMI KUMARversusMARESH KUMAR BHADA

1996 INSC 1507Appeal(s) allowed

The wife, Rashmi Kumar, married under Hindu rites, received jewellery, cash and household goods as stridhana from her family and entrusted them to her husband for safekeeping. After being driven out of the matrimonial home, she demanded the return of the stridhana on 5‑December‑1987, which the …

AMBALAL SARABHAI ENTERPRISES LTD. AND ORS.versusPRAKASH CHANDRA ARYA

1996 INSC 1510Disposed off

Ambalal Sarabhai Enterprises Ltd. and others appealed against a decree appointing a Receiver over premises occupied by the respondent, Prakash Chandra Arya. The Calcutta High Court Division Bench had declined to interfere with the single judge’s order appointing the Receiver. The Supreme Court, …

JASP AL SINGH AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 1511Dismissed

The Supreme Court heard an appeal by Jaspal Singh and another against the Union of India concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired for a cantonment extension in Amritsar. The appellants claimed loss of earnings from their poultry business under clause …

KALIKA PRASAD AND ANR.versusCHHATRAPAL SINGH (DEAD) BY LRS.

1996 INSC 1512Dismissed

The appellant filed a suit for declaration of title and possession of agricultural land, while the respondent claimed title by adverse possession. The trial court held that the respondent had acquired title by adverse possession after more than twelve years of uninterrupted possession, but the …

UNION OF INDIA AND ORS.versusP. JAGDISH AND ORS.

1996 INSC 1498Dismissed

The respondents, senior clerks promoted to head clerks, claimed that their pay should be fixed on a notional basis as if they had received a special allowance of Rs.35 per month that was granted only to senior clerks posted in identified arduous posts. The Central Administrative Tribunal, on …

MEDIWELL HOSPITAL AND HEALTH CARE PVT. LTD.versusUNION OF INDIA AND ORS.

1996 INSC 1499Appeal(s) allowed

The appellant, a privately run Modern Heart Institute and Research Centre, applied for a certificate under Notification No. 64/88‑Customs (issued under Section 25 of the Customs Act, 1962) to import sophisticated hospital equipment without paying customs duty. The Director General of Health Services …

HARYANA URBAN DEVLOPMENT AUTHORITY AND ANR.versusRANJAN DHAMINA AND ANR.

1996 INSC 1500Dismissed

The Haryana Urban Development Authority (HUDA) had provisionally allotted an industrial plot to the respondents and later issued a final allotment letter fixing the price at Rs.3,78,250. After the respondents paid the balance, HUDA issued a further notice demanding an additional Rs.4,66,847, …

RAM GANESH TRIPATHI AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 1501Disposed off

The appellants, who were directly recruited Sahayak Nagar Adhikaris, challenged the Government’s order granting selection grade to ad‑hoc appointees whose services were regularised only on 17 May 1985, despite those appointees being junior to the appellants. The High Court dismissed the petition on …

STATE OF U.P.versusSHER SINGH AND ORS.

1996 INSC 1504Appeal(s) allowed

The State of Uttar Pradesh filed a suit under Section 6 of the Urban Land (Ceiling & Regulation) Act, 1976 seeking a declaration that the respondent, Ram Het, held vacant urban land in excess of the prescribed ceiling. The competent authority found an excess of 1,146.0430 sq m and the matter was …

SANWAT SINGHversusZAIL SINGLF AND ORS.

1996 INSC 1505Appeal(s) allowed

Dalip Kaur sold her land to Jeet Kanwar in 1967. Zail Singh obtained a decree of pre-emption and attempted to take possession of the property, which was then occupied by the appellant who claimed to be a tenant of the vendor since before 1957. The trial court granted a perpetual injunction in favor …

STATE OF PUNJAB AND ORS.versusMOHINDER SINGH CHAWLA ETC.

1996 INSC 1506Disposed off

A government servant suffering from a heart ailment was permitted to obtain specialized treatment at AIIMS/Escorts Heart Institute because such facilities were unavailable in Punjab state hospitals. He submitted his medical bills for reimbursement, including the actual room rent paid during his …

BALBIR CHANDversusTHE FOOD CORPORATION OF INDIA LTD. AND ORS.

1996 INSC 1489Dismissed

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

P. THAMPANversusSTATE OF KERALA AND ANR.

1996 INSC 1490Appeal(s) allowed

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

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

1996 INSC 1491Dismissed

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

STATE OF PUNJAB AND ORS.versusDHARAM SINGH

1996 INSC 1493Appeal(s) allowed

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

SHRI JAI KISHANversusSHRI KESHA V RAM AND ORS.

1996 INSC 1478Dismissed

The petitioner sought special leave to challenge a Himachal Pradesh High Court order that appointed a Local Commissioner (Tehsildar) to re‑measure a disputed land parcel and relied on the Commissioner’s report indicating encroachment by the respondent. The High Court, after examining the report, …

STATE OF GUJARAT AND ORS.versusRAMA RANA AND ORS.

1996 INSC 1479Appeal(s) allowed

The State of Gujarat acquired 68 hectares of land for an irrigation scheme under the Land Acquisition Act, 1894. The initial compensation award was later enhanced, but the Reference Court, lacking sale deeds, relied on oral evidence of yield and deducted one‑third of the market value. The High Court …

SHER SINGH AND ORS.versusGAMDOOR SINGH

1996 INSC 1480Dismissed

The appellants filed a suit in 1978 seeking a declaration that they owned five‑sixths of an agricultural plot, asserting that the land was ancestral joint Hindu family property. The defendant in that suit admitted the property was joint family property and a decree was passed accordingly. The …

THE MANIPUR TEA CO. PVT. LTD.versusTHE COLLECTOR OF HAILAKANDI

1996 INSC 1481Appeal(s) allowed

The Manipur Tea Co. Pvt. Ltd. challenged the compensation awarded for 123 Bighas of its tea estate acquired under the Land Acquisition Act, 1894 for railway construction. The Supreme Court examined whether sale statistics and three sale deeds relating to agricultural land could be used to determine …

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

1996 INSC 1475Dismissed

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

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

1996 INSC 1469Dismissed

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

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

1996 INSC 1470Appeal(s) allowed

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

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

1996 INSC 1471Dismissed

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

PARBATI DEVIversusPURNA PATRA AND ORS.

1996 INSC 1473Appeal(s) allowed

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

FARIDABAD COMPLEX ADMINISTRATIONversusYADU ETC.

1996 INSC 1474Appeal(s) allowed

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

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

1996 INSC 1461Appeal(s) allowed

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

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

1996 INSC 1462Appeal(s) allowed

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

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

1996 INSC 1464Dismissed

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

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

1996 INSC 1447Appeal(s) allowed

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

UNION OF INDIA AND ORS.versusA.J. FABIAN

1996 INSC 1448Appeal(s) allowed

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

DHIRENDER SINGH ETCversusSTATE OF HARYANA AND ORS.

1996 INSC 1449Dismissed

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

DR. BALJIT SINGHversusSTATE OF HARYANA

1996 INSC 1450Dismissed

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

SMT. SANJUKTA PATTANAIKversusSTATE OF ORISSA AND ORS.

1996 INSC 1451Dismissed

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

NASIK MUNICIPAL CORPORATIONversusHARBANSLAL LAIKWANT RAJPAL AND ORS. ETC.

1996 INSC 1452Appeal(s) allowed

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

DR. NARINDER SINGH POONIAversusUNION OF INDIA AND ORS.

1996 INSC 1453Disposed off

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

AIR INDIA STATUTORY CORPORATIONversusUNITED LABOUR UNION AND ORS.

1996 INSC 1442

The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 …

STATE OF PUNJAB AND ORS.versusGURSHARAN SINGH AND ORS.

1996 INSC 1443Disposed off

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

BEHARILAL AND ANR.versusSMT. BHURI DEVI AND ORS.

1996 INSC 1439Appeal(s) allowed

The Rajasthan Government’s Mandi Committee allotted two plots to Beharilal in 1953, issued a patta and delivered possession in 1954. After the patta was cancelled in 1956, the same plots were re‑allotted to Ram Gopal (husband of Bhuri Devi) and possession was handed over to him. Criminal proceedings …

SMT. PRITAM KAURversusDY. SECRETARY, MINISTRY OF HOME AFFAIRS AND ORS.

1996 INSC 1440Appeal(s) allowed

The respondents, sons of a West‑Pakistani resident who migrated to India in 1947, filed an application on 19 December 1955 under Section 4 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 seeking rehabilitation compensation for land in Pakistan. The authorities verified the claim …

P. RAMA RAOversusP. NIRMALA AND ORS.

1996 INSC 1441Dismissed

The petitioner, a contractor for Indian Oil, hired the respondent truck owner to transport 12,000 litres of oil. An accident caused a leak and only 1,755 litres were delivered, leading the petitioner to sue the truck owner and the insurer, Oriental Fire & General Insurance Co., for the shortfall. …

BABY AMMALversusRAJAN ASARI

1996 INSC 1422Appeal(s) allowed

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

MASJID FARKUNDA MOSQUEversusHAMED BASHA AND ORS.

1996 INSC 1423Dismissed

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

GHAZIABAD DEVELOPMENT AUTHORITY, GHAZIABADversusSMT. JAIMALA

1996 INSC 1424Appeal(s) allowed

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

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

1996 INSC 1425Dismissed

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

BASHIR MUSA PATELversusSATYAWAN GANPAT .JAWKAR AND ORS.

1996 INSC 1426Appeal(s) allowed

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

STATE OF ORISSA AND ORS.versusSUKANTI DEBI

1996 INSC 1427Appeal(s) allowed

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

G. DEENDAYALAN AMBEDKARversusUNION OF INDIA AND ORS.

1996 INSC 1413Dismissed

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

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

1996 INSC 1414Disposed off

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

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

1996 INSC 1415Disposed off

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

NELLIKKOTU KOLLERIYIL MADHAVIversusKAVAKKALATHIL KALIKUTTY AND ORS.

1996 INSC 1416Dismissed

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

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

1996 INSC 1418Dismissed

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

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

1996 INSC 1419Dismissed

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

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

1996 INSC 1408Dismissed

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

VEMULA SIVIAH NAIDUversusSTATE OF AP. AND ANR.

1996 INSC 1409Appeal(s) allowed

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

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

1996 INSC 1410Dismissed

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

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

1996 INSC 1411Dismissed

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

STATE OF JAMMU AND KASHMIRversusROMESH CHANDER AND ORS.

1996 INSC 1393Appeal(s) allowed

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

CHARAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.

1996 INSC 1394Disposed off

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

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

1996 INSC 1395Dismissed

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

JAGTAR SINGHversusPARGAT SINGH AND ORS.

1996 INSC 1396Dismissed

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