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Supreme Court of India

K RAMASWAMY

1,805 judgments delivered by benches including this judge — showing 201–400.

G. NAGAMMA AND ANR.versusSIROMENAMMA AND ANR.

1995 INSC 79327 November 1995Appeal(s) allowed

The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of redemption of the mortgage

SARAT KUMAR DASH AND ORS.versusBISWAJIT PATNAIK AND ORS.

1994 INSC 49527 October 1994Appeal(s) allowed

The case concerned the promotion of Drug Inspectors to Assistant Drugs Controller posts. The Government, lacking statutory rules, adopted the principle of "merit‑cum‑suitability with due regard to seniority" and asked the Public Service Commission (PSC) to evaluate candidates using an objective grading system based on

LAND ACQUISITION OFFICER, ELURU ETC.versusSMT. JASTI ROHINI AND ANR. ETC.

1994 INSC 49627 October 1994Appeal(s) allowed

The State acquired 9.47 acres in 1983 and 14.10 acres in 1985 near Eluru for house sites for the poor. The Land Acquisition Officer fixed compensation at Rs 40,000 per acre, but the reference court and the Andhra Pradesh High Court enhanced the market value to Rs 150 per square yard based on the Basic Valuation Registe

RAMESHWAR DASS GUPTAversusSTATE OF U.P. AND ANR.

1996 INSC 94927 August 1996Dismissed

The Uttar Pradesh Public Services Tribunal set aside the removal of Rameshwar Dass Gupta and ordered his confirmation, promotion and payment of salary, gratuity and pension. Gupta filed an execution petition under Order 21 Rule 1 of the CPC to recover the awarded amounts. The executing court, however, added interest at

RAMESHWARLALversusMUNICIPAL COUNCIL, TONK AND ORS.

1996 INSC 95027 August 1996Disposed off

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the claim was civil in natur

MAHABIR SUGAR MILLS LTD. AND ORS. ETC.versusSTATE OF U.P. AND ORS. ETC.

1996 INSC 95127 August 1996Dismissed

The Supreme Court considered a series of appeals and writ petitions filed by Mahavir Sugar Mills Ltd. and related parties against the State of Uttar Pradesh concerning the U.P. Sugar Undertakings (Acquisition) Act, 1971. The Court noted that the validity of the Act had already been upheld in Ishwari Khetan Sugar Mills

K. VASUNDARA DEVI ETC.versusREVENUE DIVISIONAL OFFICER (LAO)

1995 INSC 42427 July 1995Dismissed

The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to one‑fourth. The High Court up

UNION OF INDIAversusBUDH SINGH AND ORS.

1995 INSC 42627 July 1995Appeal(s) allowed

The Punjab Armed Police took possession of land belonging to Budh Singh in 1963 and paid a modest compensation, after which the owners sued, claiming the acquisition was illegal because it was not made under the Land Acquisition Act, 1894. The courts ordered the State to refund the compensation, but later a notificatio

SUNIL KUMAR JAINversusKISHAN AND ORS.

1995 INSC 30827 April 1995Dismissed

The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale agreement dated 5 Decem

STATE OF BIHARversusDHIRENDRA KUMAR AND ORS.

1995 INSC 30927 April 1995Appeal(s) allowed

The State of Bihar issued a notification under s.4 and a declaration under s.6 of the Land Acquisition Act, 1894 to acquire land for a housing project, and took possession on March 22, 1957, handing it to the Housing Board. The respondent filed a title suit and sought an interim injunction under Order 39 Rule 1 of the

LALITHA J. RAJversusAITHAPPA RAJ

1995 INSC 31027 April 1995Appeal(s) allowed

Lalitha filed a suit for declaration of title and possession and later filed an application on August 3, 1993, seeking to file a list of witnesses for summoning. Her husband, acting as general power of attorney, submitted an affidavit stating they mistakenly believed the list had already been filed, and the omission wa

STATE OF RAJASTHAN AND ORS.versusSARDAR PUSHPENDRA SINGH AND ORS.

1994 INSC 17827 April 1994

The State of Rajasthan acquired about 1800 acres of land for defence purposes under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer (LAO) could not determine the compensation because portions of the land were in excess of limits prescribed by the Rajasthan Tenancy Act, 1955 and the Rajasthan Impo

INDER SINGH AND ORS. ETC. ETC.versusUNION OF INDIA

1993 INSC 16527 April 1993Case Partly allowed

The Union Territory of Chandigarh acquired 70.09 acres of land in Manimajra for setting up brick kilns under the Land Acquisition Act, 1894. The Collector fixed compensation at Rs.23,600 per acre for cultivated (Abi) land, Rs.17,000 for rain‑fed (Barani) land and Rs.12,000 for waste (ghair munkin) land, which the Civil

OSWAL AGRO MILLS LTD.versusCOLLECTOR OF CENTRAL EXCISE AND ORS.

1993 INSC 16627 April 1993Appeal(s) allowed

Oswal Agro Mills Ltd. appealed against the classification of its "toilet soaps" as "other sorts" under tariff item 15(2) of the First Schedule of the Central Excise and Salt Act, 1944, which attracted a higher excise duty. The Assistant Collector had placed the soaps in the higher rate category, the Collector re‑classi

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

1997 INSC 32627 March 1997Leave 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 Administrative Tribunal, which se

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

1997 INSC 32727 March 1997Appeal(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 Land Acquisition Act.

GANPATBHAI M. SOLANKIversusDISTRICT COLLECTOR, VADODARA AND ANR.

1997 INSC 32827 March 1997Dismissed

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 Gujarat Co‑operative

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

1997 INSC 32927 March 1997Leave 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 committee later fou

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

1997 INSC 33027 March 1997Leave 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 Administrative Tribunal erred in

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

1997 INSC 33227 March 1997Dismissed

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 confiscation violated t

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

1997 INSC 33327 March 1997Leave 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, arguing that reservatio

RAJEEV MANKOTIAversusTHE SECRETARY TO THE PRESIDENT OF INDIA AND ORS.

1997 INSC 33427 March 1997Disposed 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" and the duties of th

THE REGIONAL PROVIDENT FUND COMMISSIONER ETC.versusSHILLONG CITY BUS SYNDICATE AND ANR. ETC.

1996 INSC 45827 March 1996Appeal(s) allowed

The Regional Provident Fund Commissioner issued a notice under Section 7B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 to Shillong City Bus Syndicate for failure to pay EPF contributions for Jan‑Sept 1972. The syndicate contended that the Act did not apply to the Khasi Hills Autonomous Distr

SUBORDINATE SERVICES SELECTION BOARDversusBIR SINGH AND ANR./RAM NIWAS AND ORS.

1995 INSC 21727 March 1995Appeal(s) allowed

The government reserved clerk posts in ‘A’ class offices for ex‑servicemen, allowing only matriculation as the minimum qualification for them, while general candidates required higher marks. In 1979 it was decided that, if suitable ex‑servicemen were unavailable, the dependent sons or daughters of ex‑servicemen could b

STATE OF PUNJAB AND ANR.versusSMT. SIMLA RANI W/O SHRI BHAGWAN DASS

1995 INSC 21827 March 1995Dismissed

The respondent, Simla Rani, was allotted a booth under the Punjab Urban Estate (Sales of Sites) Rules, 1965 and paid only the initial quarter of the purchase price. The balance was to be paid in instalments with 7% interest, but she defaulted, prompting the State to invoke Rule 13 and impose a 10% penalty plus the cont

AKSHAYA RESTAURANTversusP. ANJANAPPA AND ANR.

1995 INSC 21927 March 1995Dismissed

Akshaya Restaurant filed a suit for perpetual injunction against P. Anjanappa and others, alleging an agreement of sale of land. The defendants' written statement admitted a sale agreement, but later they sought to amend the statement under Order 6 Rule 17, claiming the agreement was for development of the land for mut

STATE OF RAJASTHANversusKISHORE

1996 INSC 32027 February 1996Appeal(s) allowed

The deceased Guddi, wife of the accused Kishore, suffered 80 % burns after kerosene was poured on her and she later died. Three dying declarations were recorded – one in the FIR, one under Section 161 of the Cr.P.C., and a judicial‑magistrate’s statement (Ex P‑8). The Sessions Court convicted Kishore under Section 302 

WEST BENGAL STATE ELECTRICITY BOARDversusM/S FAKIR CHAND RICE MILLS AND ORS.

1996 INSC 32127 February 1996Disposed off

The West Bengal State Electricity Board claimed Rs 28,68,264.06 from Fakir Chand Rice Mills for alleged pilferage in electricity consumption. The trial court ordered the mill to pay Rs 2,60,000, which the High Court later modified to a direction to deposit Rs 5,60,000 without adjudicating the liability. The mill appeal

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

1997 INSC 6327 January 1997Appeal(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. Intermediary Educatio

PRAMOD KUMAR MANTRI AND ANR.versusSTATE OF ORISSA

1997 INSC 6427 January 1997Appeal(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 of them under Sectio

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

1997 INSC 6527 January 1997Appeal(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 certain retirees, and the

SMT. BHAGTI (DECEASED) THROUGH HER L.RS. JAGDISH RAM SHARMAversusTHE STATE OF HARYANA

1997 INSC 6627 January 1997Dismissed

The petitioners, heirs of the deceased Smt. Bhagti, sought redetermination of compensation for land acquired under the Land Acquisition Act, 1894, after the High Court enhanced the award. They filed an application under Section 28‑A(1) within 30 days of the High Court judgment, but the Land Acquisition Officer dismisse

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

1997 INSC 6727 January 1997Appeal(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 appellant deducted

STATE OF ORISSA AND ORS.versusADWAIT CHARAN MOHANTY ETC. ETC.

1995 INSC 7827 January 1995Appeal(s) allowed

The respondents, who were Class III government servants in Orissa, reached the statutory retirement age of 58 and claimed that, as "workmen" under the second proviso to Rule 71(a) of the Orissa Service Code, they were entitled to remain in service until the age of 60. The Orissa Administrative Tribunal held them to be

UNION OF INDIA AND ORS.versusB. RAMA MURTHY

1995 INSC 7927 January 1995Appeal(s) allowed

The Government of India issued Office Memorandum No. 18(4)-EV/79 on 25 May 1979, which stipulated that half of the dearness allowance should be treated as pensionable pay, changing the pension calculation from 3/10 to 5/10 of the ten‑month average salary. B. Rama Murthy challenged the memorandum before the Central Admi

ARUNABEN T. BHOJAKversusSECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.

1995 INSC 8027 January 1995Appeal(s) allowed

The Gujarat University advertised a Lecturer (Psychology) post reserved for Scheduled Tribes. Arunaben T. Bhojak, a member of the Bakshi Panch Scheduled Tribe, was initially not selected because she lacked laboratory experience. The selected candidate was appointed, and Bhojak challenged the decision. While the Gujarat

UNION OF INDIAversusSMT. PRATAP KAUR (DEAD) THROUGH LRS. AND ANR. ETC.

1995 INSC 8127 January 1995Appeal(s) allowed

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants contended that the Distr

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

1996 INSC 138526 November 1996Appeal(s) allowed

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

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

1996 INSC 138626 November 1996

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

STATE OF HARYANA AND ANR.versusRAVI BALA AND ORS.

1996 INSC 138726 November 1996Appeal(s) allowed

The respondents, appointed as Junior Basic Teachers, later obtained B.T./E.Ed. qualifications and claimed entitlement to higher pay scales based on a 1957 Punjab circular. The High Court allowed their claim, but the State appealed, citing the Government of Haryana's policy instruction dated 9 March 1990, which stated t

ADAVALA SATHAIAH AND ORS.versusTHE SPECIAL DY. COLLECTOR, LAND ACQUISITION UNIT I AND ORS.

1996 INSC 138826 November 1996Appeal(s) allowed

The Supreme Court heard an appeal by special leave against the Andhra Pradesh High Court’s order remanding a compensation dispute for 71 acres of agricultural land acquired for the National Thermal Power Corporation. The Land Acquisition Officer had initially awarded Rs 4,000 and Rs 4,500 per acre for two groups of lan

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

1996 INSC 138926 November 1996Appeal(s) allowed

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

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

1996 INSC 139026 November 1996Appeal(s) allowed

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

KUTTIYAPPANversusUNION OF INDIA AND ORS.

1996 INSC 94626 August 1996Dismissed

The petitioners, selected for promotion under a 25% internal quota, joined their posts in October 1990, while direct recruits under the same quota joined earlier in August 1990. The petitioners claimed that, because their selection process began earlier, they were entitled to seniority over the direct recruits. The Cen

THE UNION OF INDIAversusSHRI SUBE RAM AND ORS.

1996 INSC 94726 August 1996Appeal(s) allowed

The Union of India acquired land in Delhi under the Land Acquisition Act, 1894 and awarded compensation, which was subsequently enhanced by the Land Acquisition Officer and the Additional District Judge. The High Court, relying on the 1984 Amendment Act, further enhanced the compensation by granting a 30% solatium and

STATE OF KARNATAKA AND ORS.versusD.C. NANJUDAIAH AND ORS.

1996 INSC 94826 August 1996Appeal(s) allowed

The State of Karnataka issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 August 1982 and later conducted an enquiry under Section 5‑A, after which a declaration under Section 6 was published on 24 June 1985. Two writ petitions challenged both the notification and the declaration; the Karn

STATE OF U.P. AND ORS. ETC.versusDR. R.K. TANDON AND ORS. ETC.

1996 INSC 79726 July 1996Disposed off

The Supreme Court dealt with the inter‑se seniority of ad‑hoc doctors in the Uttar Pradesh Provincial Medical and Health Service after the State Government attempted to regularise them under the U.P. Regulation of Ad‑hoc Appointees Rules, 1979. The Court examined whether doctors who were not selected by the Public Serv

STATE OF MADHYA PRADESHversusR.P. SHARMA

1996 INSC 79826 July 1996Appeal(s) allowed

The respondent, a Chief Engineer, had his date of birth in service records corrected from 30‑Nov‑1936 to 28‑Jun‑1938, prompting a complaint to the Lokayukta who, after a trial‑like inquiry, concluded the correct date was 30‑Nov‑1936 and recommended his retirement and recovery of salary. The State acted on the Lokayukta

UNION OF INDIA AND ORS.versusHARISH CHAND ANAND

1995 INSC 41826 July 1995Appeal(s) allowed

The respondent, Harish Chand Anand, held a licence under Section 3 of the Government Grant Act, 1895 to erect a structure on government land. Clause I of the grant allowed the Government to resume the land at any time upon giving one month’s notice and paying the value of the building. The Allahabad High Court held tha

THE STATE OF PUNJABversusGURDIAL SINGH ETC

1995 INSC 41926 July 1995Dismissed

The Punjab government acquired land for a market under the Land Acquisition Act, 1894 and initially fixed compensation in categories. The Additional District Judge later re‑classified the land and set higher rates, prompting the claimants to appeal. A single High Court judge, relying on an earlier Punjab High Court dec

STATE OF ORISSAversusBRIJ LAL MISRA ETC. ETC.

1995 INSC 42026 July 1995Appeal(s) allowed

The State of Orissa acquired three parcels of land for an over‑bridge under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Reference Court fixed compensation at Rs 200 per decimal based on comparable sales, taking into account the land's existing potentialities, and then added a 25% upl

DEPUTY COLLECTOR NORTHERN SUBDIVISION, PANAJIversusCOMMUNIDADE OF BAMBOLIM

1995 INSC 42126 July 1995Appeal(s) allowed

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), which had been extend

M/S. HASANALI KHANBHAI AND SONS AND ORS.versusSTATE OF GUJARAT

1995 INSC 42226 July 1995Dismissed

The State of Gujarat acquired 7 acres and 28 gunthas of land on the outskirts of Rajkot for an orphanage. The acquisition officer awarded Rs 1.25 per square yard, which was enhanced to Rs 2.05 by the reference court and later the Gujarat High Court held the land could fetch Rs 10 per square yard but, after a 60 % deduc

CARMEL BOOK STALLversusDY. COMMISSIONER OF SALES TAX

1994 INSC 28726 July 1994Appeal(s) allowed

Carmel Book Stall, a charitable trust, sold books whose profits were claimed to be exempt from Kerala sales tax under Section 10 of the Kerala General Sales Tax Act, 1963, provided the profits were solely used for charitable purposes. The Sales Tax Officer taxed the profits for the assessment years 1981-82 and 1982-83,

M/S HINDUSTAN LEVER LTD.versusTHE MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.

1995 INSC 30226 April 1995Appeal(s) allowed

Hindustan Lever Ltd. constructed a building on two plots in Bombay and was assessed for property tax under the Bombay Municipal Corporation Act, 1888. The corporation fixed the rateable value at Rs.12,16,285 using the comparative method, which the company contested, leading to a reduction by the Small Cause Court and a

SHYAM LAL (DEAD) BY LRS. AND ORSversusKESHO LAL (DEAD) AND ANR.

1995 INSC 30526 April 1995Dismissed

The appellant, Shyam Lal (deceased) by legal representatives, appealed to the Supreme Court challenging a finding by the Allahabad High Court that certain constructions in a house were made after an earlier High Court judgment. The High Court had earlier struck off a trial court's direction for partition, directing tha

RAM BHAJAN SINGH AND ORS.versusMADHESHWAR SINGH (DEAD) BY LRS. AND ORS.

1995 INSC 30626 April 1995Appeal(s) allowed

The appellants, legal representatives of defendants 7‑9, filed a suit seeking a declaration that a compromise decree in an earlier suit (T.S. No. 72/26) was void. The trial court dismissed the suit; the appellate court held the compromise was not obtained by fraud but that the defendants had no right in the property, s

SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.

1994 INSC 17226 April 1994

Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent sued for specific perf

THE STATE OF ANDHRA PRADESH, ETC.versusMODERN PROTEINS LTD.

1994 INSC 17326 April 1994

Modern Proteins Ltd., a dealer under the Andhra Pradesh General Sales Tax Act, dealt in groundnut products including deoiled cake and groundnut protein flour. For the 1977-78 assessment year, the Central Tax Officer taxed the flour at 4% under the Central Sales Tax Act, but the Assistant Commissioner re‑classified it a

K.A.A. RAJA AND ORS.versusSTATE OF KERALA AND ANR.

1994 INSC 17426 April 1994Appeal(s) allowed

The State of Kerala acquired 52.88 acres of cardamom plantation for the Periyar Tiger Reserve under a notification issued under s.3(1) of the Kerala Land Acquisition Act, 1962. The Land Acquisition Officer initially valued the land at Rs.14.75 lakh, which was enhanced by the Subordinate Judge to Rs.197.77 lakh; the Hig

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

1997 INSC 32226 March 1997Dismissed

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 Disputes Act, 1947, claim

S.P. SUBRAMANYA SHETTY AND ORS.versusKARNATAKA STATE ROAD TRANSPORT CORPORATION AND ORS.

1997 INSC 32326 March 1997Dismissed

The petitioners' land was acquired by the Karnataka State Road Transport Corporation under Section 4(1) of the Land Acquisition Act, 1894, and the acquisition became final after the Supreme Court dismissed their earlier special leave petition. The petitioners later offered to give part of the land free of cost and soug

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

1997 INSC 32426 March 1997Leave 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 appointing authority u

R. PUTHUNAINAR ALIHITHAN ETC.versusP.H. PANDIAN AND ORS.

1996 INSC 44726 March 1996Dismissed

In the 1991 Tamil Nadu Legislative Assembly election for the Chennaimahadevi constituency, the returned candidate (appellant) filed an election expense return showing Rs 36,350, admitting use of one vehicle (TN‑72‑1909) with Rs 15,875 expense but also acknowledging a second vehicle (TN‑555) whose expense was not disclo

U.P. SHIKSHA AND EDUCATION BOARDversusRAJENDER PRASAD GUPTA

1996 INSC 31226 February 1996Appeal(s) allowed

Rajender Prasad Gupta was appointed as an untrained temporary teacher on 5 May 1964 and was required to undergo training. He was given two opportunities to attend training in 1968 and 1969 but did not avail them, after which his service was terminated without notice. He challenged the termination, and the Service Tribu

G. SUNDARESWARARAOversusTHE GOVERNMENT OF A. P. AND ORS.

1996 INSC 31326 February 1996Dismissed

The petitioner, a Junior Scientific Officer in the Andhra Pradesh Institute of Preventive Medicine Service, claimed he met the qualifications for promotion to Senior Scientific Officer but was denied because Rule 4(b) of the service's ad‑hoc rules required a minimum of five years of post‑graduate experience in food ana

STATE OF BIHAR AND ORS.versusRAMDEO YADAV AND ORS.

1996 INSC 31426 February 1996Appeal(s) allowed

The Bihar government took over Reghunandan Babula Kanya Middle School on 13 January 1981 under the Bihar Non‑Government Primary School (Taking Over Control) Act, 1976. Two teachers, Ramdeo Yadav and Raj Narain Yadav, who had been appointed as untrained teachers after 1 January 1971 and later completed the required trai

UNION OF INDIA AND ORS.versusS. J. THANAWALA AND ANR.

1996 INSC 31526 February 1996Dismissed

The case concerned a salt factory operated by the respondents on a 138-acre leasehold that was due for renewal on 1 July 1983. The Union of India claimed title to the land and sought to compel the respondents to accept its title and obtain a renewed licence, while the respondents asserted that they held title under a C

SHIMLA DEVELOPMENT AUTHORITYversusASHA RANI

1996 INSC 31626 February 1996Appeal(s) allowed

The respondent applied for a flat under the Shimla Development Authority's Self‑Finance Scheme in 1986, paid an earnest deposit and was initially quoted a construction cost of Rs 1,44,000. In 1991 the Authority raised the cost to Rs 2,73,332 due to material price hikes and, after the District Judge enhanced the compens

NARENDER PAL SHARMA AND ANR.versusSTATE OF PUNJAB AND ORS.

1994 INSC 55625 November 1994Appeal(s) allowed

The Supreme Court examined the nomination procedure for nine vacancies in the Punjab Civil Services (Executive Branch) under the 1976 Rules, where the Chief Secretary assigned marks for ACRs, experience, and an ability test, and excluded candidates scoring 33% or less in the ability test. The appellants argued that thi

THE STATE OF PUNJABversusNATIONAL ORGANIC CHEMICAL INDUSTRIES LTD.

1996 INSC 122925 October 1996Dismissed

The State of Punjab prosecuted National Organic Chemical Industries Ltd. for allegedly selling an adulterated insecticide, Monocil. An Insecticide Inspector seized two samples, sent one to the Public Analyst who reported the product non‑conforming, and issued a show‑cause notice. The respondent requested that the secon

K.M. SRINIVASANversusK.M. ARUMUGHAM

1996 INSC 123025 October 1996Appeal(s) allowed

The appellant and respondent, brothers, inherited a three‑storey building in Madras. A partition deed dated 27 August 1953 stipulated that the ground floor was to be enjoyed jointly, while the first and second floors were to be allotted to each brother respectively. Dispute arose over the manner of enjoyment, with the

SUB-INSPECTOR SADHAN KUMAR GOSWAMI AND ORS.versusTHE UNION OF INDIA AND ORS.

1996 INSC 123125 October 1996Dismissed

The petitioners, Group C and D employees of the Special Security Bureau in the North‑Eastern Region, filed a writ petition under Article 32 seeking the special duty allowance that had been granted to Group A and B officers. The Supreme Court, in Union of India v. S. Vijay Kumar (1994), had held that the allowance was i

SURJEET SINGH CHHABRAversusUNION OF INDIA AND ORS.

1996 INSC 123225 October 1996Dismissed

The petitioner, Surjeet Singh Chhabra, purchased gold in India, fashioned it into a Sikh religious ornament called a Kara, and brought it into the country. He was subsequently seized and a confiscation order was issued under the Foreign Exchange Regulation Act (FERA) and the Customs Duty Act. Although he initially conf

STATE OF ORISSA & ORS. ETC.versusSADASIVA MOHANTY

1996 INSC 123325 October 1996Appeal(s) allowed

The Supreme Court examined whether the Government of Orissa could levy a penal rent of five times the standard rent on retired government servants who overstayed in allotted government quarters beyond the four‑month period prescribed under Rule 11 of the Orissa Service Code. The respondents, former government servants,

SMT. INDIRA SOHAN LAL (DEAD) BY LRS.versusUNION OF INDIA

1996 INSC 122125 October 1996Dismissed

The case concerned compensation for 38.5 bighas of land acquired under the Land Acquisition Act, 1894. The District Collector had awarded Rs 700 per bigha for land with deep pits of 8‑10 ft, which was enhanced by the reference court to Rs 4,000 and further by the Delhi High Court to Rs 7,000 per bigha, while levelled l

P. RAJAN AND ANR.versusTHE KERALA STATE ELECTRICITY BOARD AND ANR.

1996 INSC 122225 October 1996Dismissed

The Kerala State Electricity Board acquired 7 acres 8 cents of land and a building under a notification issued on 13 October 1979 pursuant to Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 1,432.50 per cent for the land, which the Reference Court enhanced to Rs 3,0

YESHODA AND ANR.versusK. NAGARAJAN

1996 INSC 110625 September 1996Dismissed

In a suit for specific performance, the trial court passed a conditional decree requiring the respondent to deposit Rs.1,80,000 by 21 April 1994. The Karnataka High Court, on the respondent’s application, extended the time by three months. The petitioners then filed an application under Section 28 of the Specific Relie

M/S STAR WIRE (INDIA) LTD.versusTHE STATE OF HARYANA AND ORS.

1996 INSC 110725 September 1996Dismissed

Mis Star Wire (India) Ltd. purchased land that had been subject to a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 1 June 1976. After the award of acquisition was made on 3 July 1981, the company filed a writ petition in 1994 challenging the notification, declaration and award, claimin

T.R. DHANANJAYAversusVASUDEVAN

1995 INSC 49725 August 1995Case Allowed

The petitioner, T.R. Dhananjaya, was entitled by a Supreme Court direction to be promoted to Engineer‑in‑Chief and to receive consequential benefits, with the Bangalore City Corporation instructed to create a supernumerary post for him. The Karnataka Government, however, issued an order promoting another officer and li

STATE OF HIMACHAL PRADESH AND ORS.versusSHRI DHARAM DAS

1995 INSC 49825 August 1995Appeal(s) allowed

The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to statutory interest and an a

V.M. SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 49925 August 1995Appeal(s) allowed

The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a criminal court convicted

MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.

1995 INSC 50025 August 1995Appeal(s) allowed

The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 days in a year they we

STATE OF GUJARAT ETC. ETC.versusDAYA SHAMJI BHAI ETC. ETC.

1995 INSC 50125 August 1995Appeal(s) allowed

The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference under Section 18. A

TUSHAR KANTI BOSE AND ORS.versusSA VITRI DEVI AND ORS.

1996 INSC 78425 July 1996Appeal(s) allowed

The appellants purchased a property from a company under liquidation and sought demarcation of their plot, which led the respondents—owners of an adjoining plot—to claim encroachment and obtain an injunction. The Single Judge ordered the appellants to remove obstructions and appointed a Special Officer to supervise com

STATE OF HARYANA AND ORS.versusRAJPAL SHARMA AND ORS.

1996 INSC 78525 July 1996Dismissed

The respondents were teachers in privately managed aided schools in Haryana who, after acquiring higher qualifications, claimed pay scales and dearness allowances equal to those of teachers in government schools. The State Government refused, but the Punjab and Haryana High Court granted relief, directing parity in pay

JOG RAMversusSTATE OF HARYANA AND ORS .

1996 INSC 78625 July 1996Dismissed

Jog Ram, the appellant, possessed 30 bighas 13 biswas of land that had been evacuee property taken over by the State of Haryana for distribution. In 1967 the land was auctioned and Fateh Singh (respondent No.5) was the highest bidder; the sale was confirmed. In 1968 Jog Ram applied for confirmation of sale and was conv

MIS. MALWA OIL MILLS AND ANR.versusSTATE OF M.P. AND ORS.

1996 INSC 78725 July 1996Dismissed

The appellants, Malwa Oil Mills, purchased plots 4 and 5 from the erstwhile owners after taking possession of land that had been notified under Section 71 of the Madhya Pradesh Town Improvement Trust Act, 1960 for a housing scheme, and later sought to retain a sign‑board placed on the property. The State of Madhya Prad

STATE OF PUNJAB AND ORS.versusSADHU RAM

1996 INSC 78825 July 1996Appeal(s) allowed

The Supreme Court examined a dispute arising from land acquired by the Government of Punjab under the Land Acquisition Act, 1894, where the award and compensation were paid to the original owners. After the bridge was completed, the respondent, Sadhu Ram, entered possession as a yearly lessee in 1965, later purchasing

RAM SINGHversusSTATE OF UTTAR PRADESH AND ORS.

1996 INSC 78925 July 1996Dismissed

The appellant, Ram Singh, had cut down trees that existed on his land as of 24 January 1971 and replanted new trees. The issue before the Supreme Court was whether the newly planted trees could be classified as "grove land" under Section 23(8) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which

SMT. DAROTHI CLARE PARREIRA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 79025 July 1996Dismissed

The appellants, former owners of surplus urban land in Pune, were deemed to possess excess land under the Urban Land (Ceiling and Regulation) Act, 1976. After objections were rejected, a notification under Section 10(3) was published vesting the surplus land in the State, before the appellants' applications under Secti

UJAGAR SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 79225 July 1996Appeal(s) allowed

The Collector, under the PEPSU Tenancy and Agricultural Lands Act, 1955, determined that Inder Singh held 18.82 standard acres of surplus land and ordered its surrender in July 1961, after which the land was taken over by the State and redistributed to landless persons. Subsequent consolidation proceedings revealed tha

RAJ MANIversusTHE COLLECTOR, RAIPUR

1996 INSC 79325 July 1996

The appellant's land was acquired and a compensation award of Rs.1,000 per acre was made. He applied for a reference under Section 18 of the Land Acquisition Act, 1894, but the court’s notice was not properly served; the notice was allegedly served on a deceased father. The reference court dismissed the case ex‑parte f

NAWAL SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.

1995 INSC 41025 July 1995Dismissed

The petitioners challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, where the Collector initially fixed rates of Rs.1600, Rs.1400 and Rs.1000 per bigha for three blocks of land. The Additional District Judge enhanced these rates, and the Delhi High Court further raised them to Rs

RAM KALI BHATTACHARJEEversusSTATE OF WEST BENGAL

1995 INSC 41125 July 1995Disposed off

Certain lands were acquired under the West Bengal (Requisition and Acquisition) Act II of 1948 and the Collector made an award in March 1951. The claimants filed reference applications under section 18 of the Land Acquisition Act, 1894 on June 26 and September 7, 1951, seeking enhanced compensation. The Calcutta High C

M/S. HINDUSTAN PAPER CORPN. LTD.versusSAKHRAM GOUR AND ORS .

1995 INSC 41225 July 1995Disposed off

The Supreme Court examined a land acquisition dispute where the Collector initially awarded Rs 2,000‑3,000 per bigha as compensation. The reference court, under Section 18 of the Land Acquisition Act, enhanced the market value to Rs 6,500‑8,500 per bigha, a decision affirmed by the Guwahati High Court. On appeal, the C

UNION OF INDIA ETC. ETC.versusSUNIL CHANDRA SAHA AND ANR. ETC. ETC.

1995 INSC 41325 July 1995Disposed off

The Union of India appealed against the award and decree confirming acquisition of land belonging to Sunil Chandra Saha and others under the Land Acquisition Act, 1894. The appellants argued that they were not given notice or an opportunity to present evidence to rebut the claimed market value of the land at the time o

SH. TOPANDAS KUNDANMAL, SINCE DECEASED THEREAFTER BY HIS HEIRS AND LRS. ETC.versusTHE STATE THROUGH THE LAND ACQUISITION OFFICER, JAMNAGAR ETC.

1995 INSC 41425 July 1995Dismissed

The appellants, heirs of Sh. Topandas Kundanmal, challenged the compensation awarded for the acquisition of 10 acres 12 gunthas of land in Jamnagar for a TB hospital. While the Collector fixed Rs 2,500 per acre, the claimants sought a higher amount based on a per‑square‑foot rate, leading to a reference under s.18 of t

MUNICIPAL COMMITTEE, BHATINDA AND ORS.versusBALWANT SINGH AND ORS.

1995 INSC 41525 July 1995

The Municipal Committee of Bhatinda appealed against the award of compensation for 116 acres of agricultural land acquired for a water‑treatment plant. The Collector had applied the belting principle, fixing different rates for land up to 100 yards from the road and for the remaining area. The High Court’s Division Ben

THE STATE OF UTTAR PRADESH AND ANR.versusKESHAV PRASAD SINGH

1995 INSC 41625 July 1995Appeal(s) allowed

The State of Uttar Pradesh acquired land for a Public Works Department office and, while constructing a building and protective wall, encroached upon land owned by Keshav Prasad Singh. A civil suit resulted in a mandatory injunction directing the State to demolish the encroachment and restore possession to the responde

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

1997 INSC 43425 April 1997Appeal(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 those rules was amended

THE STATE OF PUNJAB AND ORS.versusMANOHAR LAL MIRCHEA

1997 INSC 43525 April 1997Appeal(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 Service Rules (specifica

V. GANGARAMversusTHE REGIONAL JOINT DIRECTOR AND ORS.

1997 INSC 43825 April 1997Leave 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 of Junior Lecturer

K. JAYAMOHANversusSTATE OF KERALA AND ANR.

1997 INSC 43925 April 1997Leave 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, which imposed higher

K.K. SHARMAversusKULWANT SINGH AND ORS.

1997 INSC 44025 April 1997Leave 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 Registrar of Co‑operati

SMT RAM RATIversusSAROJ DEVI AND ORS.

1997 INSC 44125 April 1997Leave 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 ordered a recount,

PREETI SINGHversusSANDEEP SINGH AND ORS.

1995 INSC 29525 April 1995

The Supreme Court considered a petition for divorce by mutual consent filed by Preeti Singh and Sandeep Singh under Section 13(b) of the Hindu Marriage Act. The parties had reached a compromise in which the respondent paid Rs. 1.5 lakhs to the petitioner, deposited Rs. 1.25 lakhs and Rs. 30,000 in the name of his minor

SRI N. UMAPTHYversusB.V. MUNIYAPPA

1997 INSC 31825 March 1997Leave 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 refused an ad‑interim in

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

1997 INSC 31925 March 1997Dismissed

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 petition contended that t

MAKHAN LALversusASHARFI LAL AND ORS.

1997 INSC 32025 March 1997Leave 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 house, that the property

UNION OF INDIA AND ORS.versusSHRI BIHARI LAL SIDHANA

1997 INSC 32125 March 1997Leave 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) Rules, 1965, mentioning

DILWAN SINGH AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS ETC. ETC.

1996 INSC 43625 March 1996Appeal(s) allowed

The Supreme Court examined an appeal by ex‑servicemen challenging the State of Haryana's recruitment policy that required the selection board to consider ex‑servicemen and their dependent children together for posts reserved for ex‑servicemen. The appellants argued that the policy undermined the purpose of reservation,

BALBIR SINGH NEG!versusUNION OF INDIA & ORS.

1996 INSC 43925 March 1996Dismissed

Balbir Singh Neg, after completing 33 years of service, filed an application for voluntary retirement under Rule 48‑A of the Civil Services (Pension) Rules, 1972, which was accepted to take effect on 30 June 1991. He later sought to withdraw the application before it became effective, but the Central Administrative Tri

PILLA SITARAM PATRUDU AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 44025 March 1996Dismissed

The case concerned K.R. Ramanandan, a direct recruit selected in 1977 as Assistant Executive Engineer but appointed only in 1981 due to administrative delays. After passing his test, he was not considered for promotion to Executive Engineer, prompting an appeal before the Central Administrative Tribunal (CAT). The CAT

UNION OF INDIA AND ANR. ETC.versusLAXMAN GAJANAN DESAI AND ANR. ETC.

1996 INSC 44125 March 1996Disposed off

The Union of India appealed against the renewal of a salt‑pan licence granted to the respondents, Laxman Gajanan Desai and others, on the ground that title to the land was still in dispute. The Bombay High Court had directed that the licence could be renewed without the respondents conceding title, pending a decision b

STATE OF KARNATAKA AND ORSversusKRISHNOJI REO AND ANR.

1996 INSC 44225 March 1996Appeal(s) allowed

The State of Karnataka appealed a High Court order that had directed the grant of 201 acres 34 guntas of waste land to the respondents, Krishnoji Reo and Anr., for grazing and afforestation under the Bombay Paragana and Kulkarni Watan (Abolition) Act, 1950. The land had earlier been allotted by the Assistant Commission

JAGBIR SINGHversusSTATE OF HARYANA AND ORS .

1996 INSC 44325 March 1996Appeal(s) allowed

The appellant, recruited as a Constable in the Haryana Police under the sports quota, was promoted to Head Constable in 1984 and confirmed in 1987. He later received a show‑cause notice for de‑confirmation and was promoted on an ad‑hoc basis to Assistant Sub‑Inspector in 1990. While undergoing training, his name was re

TARLOK SINGHversusVIJAY KUMAR SABHARWAL

1996 INSC 44425 March 1996Appeal(s) allowed

The appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, 1989, under Order 6

NAGAMMAI COTTON MILLS ETC.versusASSTI. DIRECTOR, REGIONAL OFFICE OF THE TEXTILES COMMISSIONER, MINISTRY OF TEXTILES ETC.

1996 INSC 44525 March 1996Appeal(s) allowed

The appeal concerned Nagammayi Cotton Mills' liability under the Essential Commodities Act, 1955 and the Textile (Control) Order, 1986/1993 regarding the mandatory production of hank yarn. The petitioner sought to have past liability waived for the periods April 1 1993‑March 31 1995 and April 1 1990‑September 30 1992,

BHARMAPPA NEMANNA KAWALE AND ANR.versusDHODI BHIMA PATIL AND ORS.

1996 INSC 44625 March 1996Appeal(s) allowed

The civil court had decreed an eviction suit against the appellant, holding that he was not a tenant, and the decree became final. During execution, the appellant raised a fresh objection that there was no jural relationship because he claimed to be a tenant. The Bombay High Court, in Writ Petition No. 3319 of 1992, di

STATE OF U.P. AND ANR.versusRAJENDRA SINGH

1996 INSC 13225 January 1996Appeal(s) allowed

The State of U.P. acquired 5.357 acres of agricultural land in Azamgarh for a project. The Land Acquisition Officer initially fixed compensation at Rs 3,658.87 per acre, which the claimant challenged under Section 18 of the Land Acquisition Act, 1894. The reference court raised the award to Rs 30,000 per acre, and the

BIHAR STATE ELECTRICITY BOARD AND ORS.versusM/S. ALLIED REFRACTORIES (PVT.) LTD. AND ORS.

1996 INSC 13325 January 1996Appeal(s) allowed

The Bihar State Electricity Board entered into a contract with Mis. Allied Refractories requiring the consumer to pay a minimum guaranteed charge for electricity. The consumers failed to consume the guaranteed amount because of frequent trippings, load shedding and power cuts, and under Clause 13 of the contract they w

STATE OF MADHYA PRADESHversusS.S. AKOLKAR

1996 INSC 13425 January 1996Appeal(s) allowed

The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after the court was inform

STATE OF U.P.versusBANKE SINGH AND ANR

1996 INSC 13525 January 1996Appeal(s) allowed

The State appealed against the order that excluded a parcel of land from surplus land on the basis of a will executed in 1978. The respondents claimed a one‑fourth share in the surplus land, arguing that the will of Smt. Gajraji bequeathing the share to her nephew should exempt the land from ceiling provisions. The iss

S. SWVIGARADOSSversusZONAL MANAGER, F.C.I.

1996 INSC 13625 January 1996Dismissed

The petitioner, born in 1941 to parents who had converted to Christianity before his birth, later reconverted to Hinduism at age 14 and claimed to be an Adi‑Dravida Scheduled Caste to obtain SC benefits in his employment with the Food Corporation of India. He filed a suit for a declaration of Scheduled Caste status; th

RAM JANAM SINGH AND ANR. ETC. ETC.versusSTATE OF UTTAR PRADESH AND ANR. ETC. ETC.

1994 INSC 2425 January 1994

The Supreme Court examined whether the Uttar Pradesh rules granting special seniority to demobilised officers commissioned during national emergencies (Nov 1962‑Jan 1968 and after Dec 1971) while excluding those commissioned between Jan 1968 and Dec 1971 violated Article 14. The respondent, a former short‑service army

STATE OF MAHARASHTRAversusGURAPPA HIROJIRAO AND ORS. AND VICE VERSA

1994 INSC 2625 January 1994

The State of Maharashtra acquired about 108 acres of agricultural land within a municipal corporation for an agricultural produce market and made an award under the Land Acquisition Act, 1894. Several claimants, dissatisfied with the award, invoked Section 18 of the Act and obtained an enhanced compensation of Rs.0.80

JAWAJEE NAGNATHAMversusTHE REVENUE DIVISIONAL OFFICER, ADILABAD, AP., ETC.

1994 INSC 2925 January 1994Dismissed

The appellant owned 18 guntas of land in Adilabad municipality that were acquired under the Land Acquisition Act, 1894. Compensation was initially based on letting value and later enhanced to Rs. 75 per square yard by the reference court. The appellant claimed a market value of Rs. 300 per square yard, relying on the B

MUNICIPAL COMMITTEE, KARNALversusNIRMALA DEVI

1995 INSC 78624 November 1995Appeal(s) allowed

The respondent, Nirmala Devi, constructed a shop on a 4 ft × 6½ ft portion of a road in Karnal that was deemed a public street. The Municipal Committee issued a notice for demolition; when the respondent failed to comply, the Committee demolished the shop. The respondent sued for damages of Rs 20,000. The trial court d

SATYA NARAYAN ATHYAversusHIGH COURT OF M.P. AND ANR.

1995 INSC 78724 November 1995Dismissed

The petitioner, a Civil Judge appointed on probation after six months of training, remained on probation beyond the two‑year period without a confirmation order. The Madhya Pradesh High Court, finding his performance unsatisfactory, discharged him under Rule 52(a) of the M.P. Government Service (Temporary, Quasi‑perman

GURBACHAN SINGHversusBRAG SINGH AND ORS.

1995 INSC 78824 November 1995Dismissed

The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the defendants; this was affirmed

SMT. RATNA @ RATNAVATIversusSYNDICATE BANK AND ORS.

1994 INSC 54924 November 1994Dismissed

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the deceased defendant. The d

VIRENDRA GAUR AND ORS.versusSTATE OF HARYANA AND ORS.

1994 INSC 55024 November 1994Appeal(s) allowed

The Supreme Court examined whether the Haryana Government could lease municipal land, earmarked as open space for sanitation and recreation, to the Punjab Samaj Sabha for a Dharamshala. The land had been vested in the municipality under the Haryana Municipal Act, 1973 and was reserved under a town planning scheme for p

R. R. KULASEKHARANversusA.P.P.S. COMMISSION AND ORS

1994 INSC 55124 November 1994Dismissed

The petitioners challenged the appointment of candidates to posts reserved for Backward Class (BC‑A) in Andhra Pradesh, arguing that when no local BC‑A candidates were available, the government should have allowed BC‑A candidates from other zones to be considered as non‑local and appointed on merit. The respondents con

CHANDIGARH ADMINISTRATIONversusSH. SUMESH KUMAR ETC.

1996 INSC 121624 October 1996Dismissed

The Chandigarh Administration issued show‑cause notices to several teachers who had been promoted from Classical and Vernacular posts to Master/Mistress (TGT) positions, alleging that the promotions violated the Chandigarh Education Service (School Cadre) Group ‘C’ Recruitment Rules, 1991 which, it claimed, allowed pro

S. JAFFAR SAHIBversusSECRETARY A.P.P.S.C. AND ORS.

1996 INSC 121724 October 1996Dismissed

S. Jaffar Sahib, a general‑category candidate, was denied appointment as Deputy Collector for the 1980‑81 recruitment, where five posts were reserved and five were open. He challenged the appointment of six candidates from reserved categories, alleging that the reservation rules were violated. The Andhra Pradesh Admini

STATE OF U.P. AND ORS. ETCversusPURUSHOTTAM PANDEY AND ORS. ETC.

1996 INSC 121824 October 1996Appeal(s) allowed

The respondents were employees of a privately managed agricultural school that received grant-in-aid and offered a two‑year Agricultural Extension Diploma. After the State of Uttar Pradesh abolished the diploma course, the employees were terminated and sought post‑retirement benefits under the Uttar Pradesh State Aided

DEVENDRA NARAYAN SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

1996 INSC 121924 October 1996Appeal(s) allowed

The appellants, recruited to the Bihar State Police Service in 1969, were promoted to the Indian Police Service (IPS) after being placed in a select list prepared in 1985 pursuant to a Supreme Court direction to prepare a list for the year 1983. Although the list was approved by the Union Public Service Commission in 1

THE STATE OF RAJASTHAN AND ANR.versusTALIB KHAN AND ORS. ETC.

1996 INSC 121124 October 1996Appeal(s) allowed

The respondents were detained under Section 3(1) of the National Security Act, 1980 by the District Magistrate, Jaisalmer on 7 January 1987. Grounds of detention were not supplied within the statutory five‑day period; the magistrate recorded “exceptional circumstances” on 11 January and supplied the grounds on 16 Janua

ANIL KUMAR SINGHversusSHIVNA TH MISHRA @ GADASU GURU

1994 INSC 48524 October 1994Dismissed

Daulat Singh filed a suit for specific performance of a land sale; he died and his son continued as legal representative. The plaintiff sought to amend the plaint to implead Shivnath Mishra, alleging Mishra had become a co‑owner of the land by a decree under the U.P. Zamindari Abolition and Land Reforms Act and therefo

WORKERS OF ROHTAS INDUSTRIES LTD.versusROHTAS INDUSTRIES LTD.

1989 INSC 31924 October 1989Directions issued

The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking the Sick Industrial C

BIHAR STATE ELECTRICITY BOARDversusHOTEL SATKAR PVT. LTD. AND OTHERS

1996 INSC 110424 September 1996

The Bihar State Electricity Board (BSEB) issued a notice under Section 24(1) of the Indian Electricity Act, 1910 to disconnect electricity to Hotel Satkar for non-payment of bills based on contract demand, which the hotel contested, arguing that charges should be on actual consumption and that the dispute should be ref

HAFIZ WASHI AHMEDversusKUTUBUDDIN AND ORS.

1996 INSC 109924 September 1996Appeal(s) allowed

Hafiz Washi Ahmed filed a suit for injunction to protect his possession of a portion of land and a structure, claiming exclusive title based on an alleged gift, while the land was partly declared evacuee property. The trial court held that the factual question of whether the disputed portion was part of the evacuee pro

STATE OF MADHYA PRADESHversusSWAROPCHANDRA

1996 INSC 110024 September 1996Dismissed

The truck bearing No. 9493 was seized by a Divisional Forest Officer for carrying 22 logs of timber without a permit under the Madhya Pradesh Ven Upaj Vyapar Viniyaman Act, 1969. The driver compounded the offence by paying Rs.1,000, but the truck was not released because its value was not paid, leading to its confiscat

JAGANNATH KASHINATH PATILversusNARAYAN BALUGAIKAR

1996 INSC 110124 September 1996Dismissed

The respondent filed a suit to remove a structure erected by the appellant and to restrain interference with his possession of a 50 ft x 30 ft plot. The plot originally belonged to the respondent's maternal grandmother, who had executed a possessory mortgage in favor of Pukharaj, who later returned the mortgage deed an

STATE OF KARNATAKA AND ANR.versusUPPEGOUDA AND ORS. ETC.

1996 INSC 110224 September 1996Appeal(s) allowed

The State appealed against a Karnataka High Court order that denied registration of occupancy to a tenant, Puppegouda, who had been in possession of 2 acres 30 gunthas of land since 1950 under successive lease renewals. The Karnataka Tenancy Act, 1961 protected his possession, and the Land Reforms (Amendment) Act, 1974

CHATTAR SINGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 110324 September 1996Disposed off

The Supreme Court examined a challenge by OBC candidates to the proviso of Rule 13 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, which allowed a 5% relaxation in preliminary‑exam cut‑off marks for Scheduled Caste (SC) and Scheduled Tribe (ST) cand

SULOCHANA AMMAversusNARAYANAN NAIR

1993 INSC 31124 September 1993Dismissed

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from K, was not a party t

VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.

1995 INSC 49024 August 1995Dismissed

The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their non‑appearance was due to a rep

STATE OF HARYANA AND ANR.versusD.L. UPPAL AND ORS.

1995 INSC 49124 August 1995Disposed off

The respondents were Physical Training Instructors employed by the Central Government who were later absorbed into the Haryana State Service as P.E.T.s/D.P.Es effective July 1, 1976. Their appointment order stipulated that from the date of absorption they would receive all allowances admissible to other state employees

KULDIP CHANDversusUNION OF INDIA AND ORS.

1995 INSC 49224 August 1995Dismissed

Respondent-4 (Ashok Kumar) claimed promotion to accountant, asserting seniority as a clerk since November 29, 1976, after the octroi moharrar and clerk posts were merged. The appellant (Kuldip Chand) argued that his fortuitous posting as a store‑keeper, though at a higher pay scale, gave him seniority over the responde

ST ATE OF BIHAR AND ORS. ETC. ETC.versusB.S. MATHUR AND ORS. ETC. ETC.

1995 INSC 49324 August 1995Appeal(s) allowed

The respondents were government servants who were deputed to the Rajendra Agricultural University, resigned from government service and were subsequently absorbed as university employees. Upon their retirement, the State of Bihar denied liability for any pension, relying on section 39(20) of the Rajendra Agricultural U

JETHI DEVIversusBHAKRA BEAS MANAGEMENT BOARD AND ANR.

1995 INSC 49424 August 1995Appeal(s) allowed

The appellant, a widow of a deceased government employee, was appointed to a Class IV post on compassionate grounds under a rehabilitation scheme. Her services were later terminated on the ground that she had allegedly married her late husband's brother and concealed this marriage and the birth of a child, which the Bo

D.D.A.versusBHAVANA COOP. GROUP HOUSING SOCIETY LTD.

1995 INSC 49524 August 1995Appeal(s) allowed

The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its earlier decision in

ANIL SARANversusTHE STATE OF BIHAR AND ANR.

1995 INSC 49624 August 1995Dismissed

The appellant, a partner in a film‑exhibition partnership, was alleged to have colluded with another firm to misappropriate film prints and proceeds, leading the second respondent to file a complaint before the Chief Judicial Magistrate, Patna. The Chief Judicial Magistrate examined the complainant and transferred the

THE STATE OF WEST BENGALversusLOHIT KUMAR ROY

1996 INSC 77924 July 1996Appeal(s) allowed

The State of West Bengal acquired 985.95 acres of land in Durgapur for industrial purposes under the Land Acquisition Act, 1894, with an initial notification in 1956 that later lapsed and a second notification in 1964. The Land Acquisition Officer fixed compensation at Rs. 2,310 per acre, but the reference court enhanc

SHRI PREM BALLABH BELWALversusSTATE OF U.P. AND ORS.

1996 INSC 77824 July 1996Dismissed

The appellant, Prem Ballabh Belwal, was a tenure‑holder of 182 acres of bhumiswami land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. His wife, Basanti Devi, held 24 acres as an Asami (occupancy) right. The question before the Supreme Court was whether the wife's land, held only in occupation, should

KASHI VIDYAPITHversusMOTILAL AND ORS.

1996 INSC 78124 July 1996Appeal(s) allowed

The case concerned Kashi Vidyapith, a deemed university under the U.P. State Universities Act, which sought acquisition of land for its campus, staff quarters, hostels and playground. The High Court had set aside the declaration under Section 6 of the Land Acquisition Act, holding that the university was not an “other

CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, BEED AND ORS.versusSYED YASIN AND ORS.

1996 INSC 58124 April 1996Appeal(s) allowed

The State of Maharashtra issued a 1970 resolution authorising Zilla Parishads to upgrade primary school teachers to Head Masters with retrospective effect from 1 April 1966, subject to specific vacancy conditions. Four teachers filed a writ petition claiming entitlement to the upgraded pay scale. The Chief Executive Of

TAMIL NADU ELECTRICITY BOARD AND ANR.versusN. RAJU REDDIAR AND ANR.

1996 INSC 58224 April 1996Appeal(s) allowed

The respondents (plaintiffs) sued the T.N. Electricity Board for Rs. 46,08,820, claiming that the freight rates for transporting iron and steel were to be paid on a multi‑slab basis as indicated in a handwritten addition to a letter appended to their tender. The High Court Division Bench accepted this claim, holding th

BALRAM CHANDRAversusSTATE OF U.P.

1995 INSC 29124 April 1995Dismissed

The petitioner challenged a land acquisition notification issued under Section 4(1) of the Land Acquisition Act, 1894 and the subsequent declaration under Section 6, arguing that the notification lacked required particulars. The District Judge, acting as the reference court under Section 18, declared both the notificat

MAHENDRA RAJ MARG KARAMCHARI UNIONversusUNION OF INDIA AND ORS.

1995 INSC 21324 March 1995Disposed off

The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that they were a separat

VIPIN KUMARversusROSHAN LAL ANAND AND ORS.

1993 INSC 11624 March 1993Dismissed After

The appellant‑tenant Vipin Kumar was evicted under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949 for constructing a wall and door in the verandah of his demised shop without the landlord’s consent, which was held to have stopped the flow of light and air and thus materially impaired the buildin

M. HARA BHUPALversusUNION OF INDIA AND ORS.

1997 INSC 19224 February 1997Dismissed

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 promotion date in th

LAXMI NARAIN MEHARversusUNION OF INDIA AND ORS.

1997 INSC 19324 February 1997Dismissed

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 hometowns, the transfer vio

MST. BHABIA DEVIversusPERMANAND PD. YADAV

1997 INSC 19424 February 1997Dismissed

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 address. Evidence show

SHIBA KUMAR DUTTAND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 19524 February 1997Dismissed

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 Tribunal had refused

STATE OF GUJARATversusDAHYABHAI ZAVERBHAI

1997 INSC 19624 February 1997Appeal(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 ultimately abandoned the

TARA CHAND VYASversusCHAIRMAN AND DISCIPLINARY AUTHORITY AND ORS.

1997 INSC 19724 February 1997Dismissed

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 documentary evidenc

V. GOPAL REDDIAR (DEAD) BY L.R. AND ANR. ETC.versusSTATE OF TAMIL NADU AND ANR. ETC.

1995 INSC 14224 February 1995Dismissed

The appellants in three separate sets of appeals held agricultural land in excess of the ceiling prescribed under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and had made sales of portions of that land before the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 came into force. T

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

1997 INSC 5124 January 1997Disposed 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 accusations. It reaf

KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.

1997 INSC 5224 January 1997Dismissed

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 before the High Court,

SODAGAR SINGHversusSTATE OF PUNJAB AND ORS.

1997 INSC 5424 January 1997Dismissed

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 appointment could not be

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

1997 INSC 5524 January 1997Dismissed

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 the High Court erred i

STATE OF HARYANA AND ANR. ETC.versusJOGINDER SINGH ETC

1997 INSC 5624 January 1997Appeal(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, however, ignored these dis

M/S. SWASTIC INDUSTRIESversusMAHARASHTRA STATE ELECTRICITY BOARD

1997 INSC 5724 January 1997Dismissed

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 three‑year limitation un

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

1997 INSC 5824 January 1997Appeal(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 proviso, which introdu

STATE OF PUNJAB AND ANR.versusSWARAN SINGH

1997 INSC 5924 January 1997Appeal(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 challenging the pens

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 12124 January 1996Dismissed

Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State Insurance Act, 1948 and i

KARAN SINGH AND ORS. ETC.versusBHAGWAN SINGH (DEAD) BY L.R. AND ORS. ETC.

1996 INSC 12924 January 1996Appeal(s) allowed

Bhagwan Singh, a co‑owner of undivided joint‑family agricultural land, sold portions of the land in specie to strangers who later sold parts to Karan Singh (the appellant). Bhagwan Singh filed a suit for pre‑emption under the Punjab Pre‑emption Act, 1913, claiming his co‑owner right. The trial court dismissed the suit,

YADAVRAO P. PATHADE (DEAD) BY LRS. ETC.versusSTATE OF MAHARASHTRA

1996 INSC 12224 January 1996Disposed off

The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the High Court refused inte

STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM

1996 INSC 12324 January 1996Appeal(s) allowed

The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, re‑appreciated the evidence, con

STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.

1996 INSC 12424 January 1996Appeal(s) allowed

The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage appointment as a regular pos

RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.

1996 INSC 12524 January 1996Appeal(s) allowed

The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was dismissed. While these p

MAJOR PAKHAR SINGH ATWAL AND ORS.versusSTATE OF PUNJAB AND ORS.

1995 INSC 7324 January 1995Dismissed

The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in the Collector’s award,

MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.

1995 INSC 7424 January 1995Dismissed

The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were successful, and the Supr

BHAGWAN DAS AND ANR.versusSARDAR ATMA SINGH

1995 INSC 77723 November 1995Appeal(s) allowed

The appellants, who were tillers of agricultural land allotted under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, held the land by a temporary sanad in 1954 that became permanent in 1965. After purchasing the land, the respondent, an absentee landlord, sought possession under Section 250 of the Ma

SMT. SHAKUNTALABAI AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 77923 November 1995Dismissed

In this civil appeal, the Supreme Court examined the method of determining market value for compensation under the Land Acquisition Act, 1894. The State had acquired 20 acres of land from the appellants, and the Land Acquisition Officer fixed compensation based on the claimants' own purchase price of the land in 1957.

DURGA PRASAD (DEAD) BY LRS.versusSMT. GITA KUMAR AND ORS.

1995 INSC 78023 November 1995Disposed off

The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending before the Supreme Co

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