P. BHASKARAN AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 78123 November 1995Dismissed
The appellants, LDCs in the Western Zone of the Controller of Imports and Exports, were promoted on an ad‑hoc basis in 1980 after exercising an option for transfer on promotion. The respondents, senior LDCs, were given the same option only in 1981 and claimed seniority over the appellants, arguing that the ad‑hoc promo…
FOOD CORPORATION OF INDIAversusV.K. SUKUMARAN ETC. ETC.
1995 INSC 78223 November 1995Dismissed
The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of Kerala, invoking the Keral…
RUBINDER SINGH/RAJASTHAN FINANCIAL CORPN. AND ORS.versusRAJASTHAN FINANCIAL CORPN. AND ORS. DURGA PRASHAD SHARMA AND ANR.
1994 INSC 54023 November 1994Appeal(s) allowed
The Rajasthan Financial Corporation (RFC) gave a loan to Durga Prasad Sharma for a stone‑crusher; Sharma defaulted on the last instalment. RFC took possession of the crusher and auctioned it, where Rubinder Singh became the highest bidder. Sharma filed a suit challenging the validity of the auction sale and sought an a…
M/S. DURGA RAM PRASADversusGOVT. OF ANDHRA PRADESH
1994 INSC 53923 November 1994Dismissed
The appellant, a contractor, entered into a contract to construct a food‑grains godown for the Government of Andhra Pradesh. The engineer withheld part of the payment alleging that the work was not executed as per the contract. The dispute was referred to an arbitrator who awarded the contractor the withheld sum togeth…
HIGH COURT OF PUNJAB AND HARYANAversusAMRIK SINGH
1994 INSC 54123 November 1994Appeal(s) allowed
The respondent, a Selection Grade Superintendent of the Punjab and Haryana High Court, had his superannuation extended by two years (re‑employment). During this period he was charged with embezzlement, suspended and a charge‑sheet was issued. After the re‑employment period he was allowed to retire, but a disciplinary e…
NATIONAL TEXTILE CORPORATION (U.P.) LTD. ETC.versusSWADESHI COTTON MILLS CO. LTD AND ORS. ETC.
1996 INSC 120423 October 1996Disposed off
The Supreme Court had earlier directed the appellant, National Textile Corporation, to deposit Rs 25,000 per month in an interest‑earning account in the name of the respondent, Swadeshi Cotton Mills, and barred the respondent from withdrawing the amount without a court order. The Court later clarified that the monthly …
M.S.L. PATIL, ASTT. CONSERVATOR OF FORESTS, SOLARPUR (MAHARASHTRA) ETC.versusSTATE OF MAHARASHTRA ETC.
1996 INSC 120523 October 1996Dismissed
The case concerned seniority of forest service officers appointed as promotees in excess of the statutory quota for direct recruits under the Civil Services (Regulation of Seniority) Rules, 1982. M.S.L. Patil, an Assistant Conservator of Forests, argued that his seniority should be calculated from his regular appointme…
MRS. SEEMA KUMARI SHARMAversusSTATE OF HIMACHAL PRADESH AND ANR.
1996 INSC 120623 October 1996Appeal(s) allowed
The appellant, a candidate for Junior Basic Teacher training in Himachal Pradesh, claimed extra marks under the selection criteria for candidates belonging to Integrated Rural Development Programme (IRDP) families. The Director of Education’s notice allotted 10 marks for IRDP status, but the appellant’s claim was rejec…
UNION OF INDIA AND ORSversusBISHAMBER DUTT
1996 INSC 120723 October 1996Appeal(s) allowed
The Court considered appeals by the Union of India against a Central Administrative Tribunal order directing the regularisation of certain Class IV employees appointed on a part‑time basis in the Controller of Defence Accounts. The respondents, appointed on specific dates between 1990 and 1994, received a consolidated …
M/S ANAMALLAI CLUBversusTHE GOVERNMENT OF TAMIL NADU AND ORS.
1996 INSC 120823 October 1996Disposed off
The Anamalai Club held a licence for 28.70 acres of government land for sports and recreation. The State of Tamil Nadu terminated the licence under Section 3 of the Government Grants Act, 1895 and resumed possession with police assistance on the same day, without issuing a notice under the Tamil Nadu Public Premises (E…
S. VALLINAYAGAM AND ORS.versusLUKE STEPHEN AND ANR.
1996 INSC 120923 October 1996Disposed off
The appeal arose from a Kerala High Court order in a suit seeking an injunction restraining the alienation of land. The petitioner, engaged in cardamom cultivation, argued that certain trees needed to be cut to allow uninterrupted plantation and to remove diseased plants. The respondent contended that no planting had y…
UNION OF INDIA AND ORS.versusHARISH BALKRISHNA MAHAJAN
1996 INSC 121023 October 1996Appeal(s) allowed
Harish Balkrishna Mahajan was appointed on a temporary, monthly basis as a Medical Officer in the Central Government Health Scheme from August 1982 to August 1987 during a doctors' strike. After his termination he approached the Central Administrative Tribunal, which ordered the Union of India to regularise his service…
JASWANT SINGH AND ANR.versusTHE STATE OF PUNJAB
1996 INSC 109423 September 1996Appeal(s) allowed
The appellants, who were employed as drivers, became blind while in service and applied for alternative appointment. The employer removed them from service instead of providing a suitable post. The Supreme Court examined the issue in light of the precedent set in Anand Bihari v. Rajasthan S.R.T.C., which laid down a sc…
HARJINDER SINGH SODHIversusSTATE OF PUNJAB AND ORS,.
1996 INSC 109523 September 1996Dismissed
Harjinder Singh Sodhi challenged his non-selection to the Punjab Civil Services Executive Branch, arguing that the Punjab Public Service Commission (PPSC) failed to properly assess merit, that the government falsely claimed no vacancy existed, and that the 50% weight given to interview marks was arbitrary, especially s…
THE AGRICULTURAL PRODUCE MARKET COMMITTEE BY ITS SECRETARY ETC.versusTHE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER AND ANR. ETC.
1996 INSC 109623 September 1996Disposed off
The Agricultural Produce Market Committee sought acquisition of about 4.5 acres of land for its extension. The Land Acquisition Officer initially awarded compensation at Rs.0.76 per square foot, which the Civil Judge enhanced to Rs.8.50 per square foot, and the Karnataka High Court later reduced to Rs.7 per square foot…
MADHAVKRISHNA AND ANR.versusCHANDRA BHAGA AND ORS.
1996 INSC 109723 September 1996Appeal(s) allowed
Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title and possession and ob…
GUPTA STEEL INDUSTRIESversusM/S. JOLLY STEEL INDUSTRIES PVT. LTD. AND ANR.
1996 INSC 109823 September 1996Disposed off
The parties entered into a compromise decree while an appeal was pending, obligating the respondents to deposit specified sums and the appellants to surrender possession of land and machinery. The respondents failed to deposit the amounts by the stipulated deadline; the High Court later accepted the delayed payment and…
UMESH CHAND GANDHIversus1 ST ADDL. DIST. AND SESSIONS JUDGE AND ANR.
1993 INSC 31023 September 1993Disposed off
The appellant, a tenant, was required under Section 39 of the U.P. (Urban Building Regulation of Letting Rent and Eviction) Act, 1972 to deposit arrears, interest and costs within one month to avoid eviction. He deposited Rs 1,944 instead of the required Rs 2,048 due to a calculation error, leaving a shortfall of Rs 10…
PARICHHAN MISTRY (DEAD) BY LRS. AND ANR.versusACHHIABAR MISTRY AND ORS.
1996 INSC 93123 August 1996Appeal(s) allowed
The appellants, mortgagors, executed a usufructuary mortgage bond and were obliged to pay rent. After defaulting, the landlord obtained a decree for arrears, which was executed by selling the property; the mortgagee paid the decretal amount. The mortgagee contended that this payment extinguished the mortgagors' right o…
SMT. SAWARNIversusSMT. INDER KAUR AND ORS.
1996 INSC 93223 August 1996Appeal(s) allowed
The plaintiff, Smt. Sawarni, and her sister Roori claimed to be the daughters of the deceased landowner Gurbax Singh and sought a declaration of title and possession of the disputed land. A will executed by the widow Gurdip Kaur in favour of the two daughters and a succession certificate issued under the Indian Success…
THE SPECIAL LAND ACQUISITION OFFICER, SRIRANGAPATNAMversusNAGEGOWOA
1996 INSC 93623 August 1996Appeal(s) allowed
The Special Land Acquisition Officer acquired 5 acres 21 gunthas of land for a canal under a Section 4(1) notification of the Land Acquisition Act, 1894. The officer initially awarded Rs 4,800 per acre, which was enhanced by a civil judge to Rs 20,000 per acre and upheld by the High Court. On appeal, the Supreme Court …
JOYACHAN M. SEBASTIANversusTHE DIRECTOR GENERAL AND ORS.
1996 INSC 93723 August 1996Dismissed
Joyachan M. Sebastian was initially appointed as Clerk Grade‑II at the Doordarshan Television Station, Kohima on 21 September 1983. The post was abolished on 8 June 1983 and he was transferred, at his option, to the Doordarshan Kendra, Salem on 6 August 1984, and later, at his request, to Trivandrum on 26 March 1987. H…
THE DIVISIONAL FOREST OFFICER AND ORS.versusS. NAGESHWARAMMA
1996 INSC 93823 August 1996Appeal(s) allowed
The respondent held a mining lease granted in 1979 for extracting minerals in a forest area, which expired in 1984. The Forest Conservation Act, 1980, which came into force in 1980, requires prior central government approval for any mining in forest areas. In 1989 the respondent applied for renewal of the lease without…
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATIONversusNAROTTAMBHAI MORARBHAI AND ANR.
1996 INSC 93923 August 1996Appeal(s) allowed
The Gujarat Industrial Development Corporation acquired 861,515 sq m of waste land on the outskirts of Surat for industrial development under a notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs 5 per sq m, which was later enhanced to Rs 25 per sq m by an e…
STATE OF KERALA AND ANR.versusRADHAMANY
1996 INSC 94023 August 1996Appeal(s) allowed
The State of Kerala sought recovery of arrears owed by an abkari contractor, Vasudevan, who defaulted on dues as of 1 April 1969. A demand notice was issued on 17 June 1969, after which the contractor transferred three acres of agricultural land to his wife on 30 June 1969. The Tehsildar issued a notice of attachment o…
PAPAIAHversusSTATE OF KARNATAKA AND ORS.
1996 INSC 94123 August 1996Dismissed
The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 declares a…
CHIKKATAYAMMA AND ORS.versusR. BALAKRISHNAPPA AND ORS.
1996 INSC 77323 July 1996Disposed off
The appeal (Civil Appeal No. 6149 of 1983) arose from a dispute over several parcels of land in Survey Nos. 194, 115 and 82 claimed by the appellants Chikkatayamma and others and the respondents R. Balakrishnappa and others. The parties filed a compromise memo before the Supreme Court, detailing the division of the lan…
THE SPECIAL TEHSILDAR, LAND ACQUISITION, KERALAversusK.V. AYISUMMA
1996 INSC 77423 July 1996Appeal(s) allowed
The Special Tehsildar appealed against a Kerala High Court order that set aside a subordinate judge’s condonation of delay in filing a review of a land‑acquisition award. The award dated 31 March 1989 had enhanced compensation and the appellant filed a review application on 29 July 1991 after a delay. The subordinate j…
SRI NRIPATI GHOSHAL, FIRST LAND ACQUISITION COLLECTOR AND ORS.versusPREMAVATL KAPUR (DEAD) BY LRS. AND ORS. ETC.
1996 INSC 77523 July 1996Appeal(s) allowed
The premises at 7 Chapel Road, Calcutta, were requisitioned in 1971 under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 for defence purposes during the Bangladesh war, and the Indian Navy took possession. The respondents challenged the requisition, and the government later initiated …
KRISHI UTPADAN MANDI SAMITI BULANDSHAHAR ETC.versusGANGA SAHAI AND ORS. ETC.
1996 INSC 77623 July 1996Disposed off
The Supreme Court examined appeals concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired to establish an agricultural market yard. The High Court had enhanced the compensation from Rs.10 to Rs.15 per square yard and also increased solatium, interest, and an additional amount under Secti…
J. ASHOH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.
1996 INSC 57323 April 1996Dismissed
J. Ashok Kumar appealed against the Andhra Pradesh Administrative Tribunal’s dismissal of his claim that he was entitled to a 5% weightage in marks as an NCC-qualified candidate under the amended Rule 4 of the Andhra Pradesh Excise Service Rules (G.O. Ms. No. 1136, 13‑September‑1986). The petitioner had applied for the…
PRABHUDEV MALLIKARJUNAIAHversusRAMACHANDRA VEERAPPA AND ANR.
1996 INSC 57023 April 1996Dismissed
The appellant, Prabhudev Mallikarjunaiah, filed a nomination as a Scheduled Caste (Beda Jangamma) candidate for the Bidar‑1 (SC) Lok Sabha seat in 1991. The Returning Officer rejected his nomination, holding that he belonged to the Veerashiva Lingayath community, not the Beda Jangamma caste listed in Presidential Notif…
SH. BHOGENDRA JHAversusSH. MANOJ KUMAR JHA
1996 INSC 57123 April 1996Appeal(s) allowed
The appellant, Sh. Bhogendra Jha, was elected to the 10th Lok Sabha from Madhubani, Bihar. Two other candidates, Pawan Kumar Pathak (PW‑4) and Lal Bahadur Singh (PW‑6), had their nominations rejected by the Returning Officer because the proposers' names and electoral‑roll numbers did not match the electoral roll. The r…
SH. HARCHARAN SINGH JOSHversusSH. HARI KISHAN
1996 INSC 57223 April 1996Dismissed
The appellant, an unsuccessful candidate in the 1993 Delhi Assembly election, filed an election petition alleging corrupt practices under Section 123 of the Representation of the People Act, 1951. The Delhi High Court dismissed the petition but held that the respondent was not supplied with the requisite true copy of t…
PANCHU GOPAL BOSEversusBOARD OF TRUSTEES FOR PORT OF CALCUTTA
1993 INSC 16423 April 1993Dismissed
Panchu Gopal Bose entered into an arbitration agreement on 27 May 1978 to complete work within nine months. He claimed he sent bills on 12 July 1979 but received no payment, and only on 28 November 1989 did he issue a notice invoking arbitration. The respondent filed an arbitration suit under sections 5, 12 and 33 of t…
UNION OF INDIA AND ORS.versusRAJ KUMAR GUPTA AND ORS. ETC. ETC.
1995 INSC 20523 March 1995Appeal(s) allowed
The respondents were appointed as Accounts Clerks Grade I in the Northern Railway and placed on probation, required to pass the departmental examination prescribed in Appendix II of the Indian Railways Establishment Manual (IREM) within a stipulated period. The Railway Board issued a circular on 24 June 1986 limiting t…
THE STATE OF RAJASTHAN AND ANR.versusTARSEM SINGH AND ANR.
1995 INSC 20623 March 1995Appeal(s) allowed
The respondents, temporary cultivators in the Gang Canal area, were to receive permanent allotments of government land under the Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules, 1956. Because some cultivators held land exceeding the statutory ceiling, the government decided to re‑…
MAHBOOB SAHABversusSYED ISMAIL AND ORS.
1995 INSC 20823 March 1995Appeal(s) allowed
STATE OF U.P. AND ORS.versusDR. R.K. TANDON AND ORS.
1995 INSC 20923 March 1995Appeal(s) allowed
The State of Uttar Pradesh had made 2,056 ad‑hoc appointments of doctors between 1961‑62 and later failed to regularise the posts despite recommendations of the Uttar Pradesh Public Service Commission (PSC) in 1972 and 1977‑79. Some ad‑hoc doctors, having served over 20 years, obtained court orders directing their regu…
PATHAN MURTAZAKHAN DADAMKHAN AND ORS.versusJATHAN PIRKHAN AMDUMIYAN (DEAD) BY LRS.
1993 INSC 11223 March 1993Dismissed
The appellants' predecessor was a usufructuary mortgagee of certain fields. After the redemption period expired, the respondents filed a suit for redemption, which the trial court decreed subject to payment of damages for improvements. The appellate court confirmed the redemption decree but set aside the damages. In a …
SURINDER KAURversusSTATE OF PUNJAB AND ORS.
1996 INSC 30823 February 1996Appeal(s) allowed
Surinder Kaur, who had served as Sarpanch of Gram Panchayat Dialgarph for 15 years, attempted to file her nomination papers for the Sarpanch election scheduled on 18 January 1993. On 17 January, her husband was detained by police and the 7th respondent, Tara Singh, forcibly seized and destroyed her nomination papers. D…
UNION OF INDIA AND ORS. ETC.versusDELHI JUDICIAL SERVICE ASSN. AND ANR.
1995 INSC 13423 February 1995Appeal(s) allowed
The Delhi Judicial Officers Association sought a writ directing the Union of India to place all members of the Delhi Higher Judicial Service on a uniform pay scale of Rs.5900-6700, invoking the principle of equal pay for equal work. The Delhi High Court granted this relief, but the Union of India appealed, arguing that…
STATE OF RAJASTHAN AND ANR.versusSHRI PURKHA RAM AND ANR.
1994 INSC 9023 February 1994Dismissed
The case involved displaced persons from the Bhakra Nangal Dam who were rehabilitated in the Rajasthan Canal Colony and allotted land under the Rajasthan Colonisation Act, 1954 and the 1967 Rules, with payment required as per Rule 23, which they duly made. In 1984 the government issued notices under the 1975 Rules, spe…
STATE OF RAJASTHANversusRAM NARAIN AND ORS.
1996 INSC 11623 January 1996Appeal(s) allowed
The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a fine on the first a…
SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.
1996 INSC 11723 January 1996Granted
The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities declared the appellant h…
SURBUDDIN AND ANR.versusSTATE OF KERALA AND ANR.
1995 INSC 7223 January 1995Appeal(s) allowed
The husband and wife’s land was acquired under the Kerala Land Reforms Act. They filed a joint claim statement for compensation, but only the husband received compensation. The wife appealed the decision, arguing that the joint claim also covered her separate holding. The Kerala High Court dismissed the appeal, holding…
BANSILAL FARMS ETC.versusUMARANI BOSE AND ORS.
1996 INSC 137422 November 1996Appeal(s) allowed
The dispute concerned the Nalban Fishery, which was part of a partition suit among members of the Sarkar family. While the suit was pending, the State of West Bengal requisitioned the fishery under Section 3(1) of the West Bengal Land Requisition and Acquisition Act, 1948, and took possession in 1969. After a compromis…
BIHAR PUBLIC SERVICE COMMISSION AND ANR.versusSTATE OF BIHAR AND ORS.
1996 INSC 137522 November 1996Appeal(s) allowed
The Bihar State Subordinate Service Selection Board conducted an examination and, after being abolished, issued a revised list of candidates including the respondent. The respondent filed a writ petition alleging that junior candidates had been appointed while he remained unappointed, and the Patna High Court issued a …
UNION OF INDIA AND ORS.versusD.R.R. SASTRI
1996 INSC 137622 November 1996Dismissed
The respondent, a former Indian Railways employee who was deputed and later absorbed by the Heavy Engineering Corporation, sought to exercise his option to join the liberalised pension scheme introduced in 1973, but was not informed of the scheme and his request was rejected by the Railway Board. The Central Administra…
BALARPUR INDUSTRIES LTD.versusSTATE OF GUJARAT AND ORS.
1996 INSC 137722 November 1996Disposed off
Balarpur Industries Ltd. sought to quash a notification under Section 4(1) of the Land Acquisition Act, 1894 that acquired land needed for a public purpose, contending that the acquisition would block ingress and egress to its factory. The respondents, including the acquiring authority and a fourth respondent who would…
C. PADMA AND ORS.versusTHE DY. SECRETARY TO THE GOVT. OF TAMIL NADU AND ORS.
1996 INSC 137822 November 1996Dismissed
The appellants owned land that was acquired by the Government of Tamil Nadu in 1962 under the Land Acquisition Act, 1894 for a synthetic resin plant of Reichold Chemicals. The acquisition became final, compensation was paid, and the land vested in the State. Subsequently, the land was transferred to subsidiaries of the…
STATE OF TAMIL NADUversusHIS HOLINESS SRILLA SRI AMBALAVANA PANDARA SANNADHI ADHEENAKARTHA AND ORS.
1996 INSC 137922 November 1996Appeal(s) allowed
The State of Tamil Nadu appealed a Special Tribunal order that granted a ryotwari patta to a religious institution over land cultivated by numerous tenants. The Court first held that, under Article 136, it could entertain the appeal even though the State had not previously appealed the Tribunal's order. It then examine…
SHIMLA DEVELOPMENT AUTHORITY AND ORSversusSMT. SANTOSH SHARMA AND ANR.
1996 INSC 138022 November 1996Dismissed
The case concerned land acquired under the Land Acquisition Act, 1894 where the acquisition officer initially fixed compensation at Rs 40,000 per bigha. The District Judge enhanced the amount to Rs 1,00,000 per bigha, but the High Court, on appeal, deducted 40 % of the enhanced compensation as development charges, in l…
ALL INDIA FEDERATION OF CENTRAL EXCISE ETC.versusTHE UNION OF INDIA AND OTHER
1996 INSC 137122 November 1996Disposed off
The petitioners challenged the constitutional validity of Rule 18(2) of the Customs and Central Excise Service Group ‘A’ Rules, 1987, which governed promotion from three Group B feeder cadres to Group A posts. They argued that the rule’s method of determining seniority and the promotion quota would prejudice their chan…
MRS. NUTAN J. PATELversusS.V. PRASAD AND ANR.
1995 INSC 77022 November 1995Appeal(s) allowed
Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article 22(5) to make a repre…
SHEO NANDAN SINGHversusUNION OF INDIA AND ORS.
1995 INSC 77122 November 1995Dismissed
The appellant, S.N. Singh, a former railway shunting porter, claimed that his true date of birth was 22 January 1936, contrary to the 22 January 1926 recorded in his service file, and therefore argued that he was not liable to retire on 31 January 1984. He challenged the superannuation order before the Central Administ…
THE STATE OF MAHARASHTRAversusNANAKCHAND PYARMAL AND ORS.
1995 INSC 77222 November 1995Disposed off
The State of Maharashtra acquired land under a notification of the Land Acquisition Act, 1894 and the Collector made an award of compensation that the respondents accepted. One claimant later obtained a reference under section 18, and the District Judge enhanced the compensation to Rs.10 per square metre. The State app…
THE STATE OF PUNJAB AND ORS. ETC.versusSHAMBHU NATH SINGLA AND ORS.
1995 INSC 77322 November 1995Disposed off
The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not obtained, and he was subse…
SMT. SITA DEVI (DEAD) BY LRS.versusSTATE OF BIHAR AND ORS.
1994 INSC 53722 November 1994Dismissed
The petitioners challenged the Bihar Agricultural Produce Markets Act, 1960's provision allowing the Market Committee to levy a market fee on buffaloes, bullocks and cows sold in a notified market, arguing that cattle are not agricultural produce. The High Court held that Section 2(1)(a) of the Act, together with Item …
SMT. SOORAJ AND ORS.versusS.D.O. AND ORS.
1994 INSC 53822 November 1994Dismissed
Ratan Singh, a Bhoomidar, died leaving 41.49 acres of agricultural land. Under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, the Sub‑Divisional Officer limited the widow's share to 10.38 acres and declared the remainder surplus. The major daughters (appellants) filed a civil suit claiming inheritance u…
SMT. RANI DEVIversusBHOLE NATH AND ORS
1991 INSC 26822 October 1991Appeal(s) allowed
Rani Devi, the landlady, filed a suit under section 21 of the U.P. Urban Building (Regulation of letting, rent and eviction) Act, 1972 seeking eviction of the occupants, Bhole Nath and others, on the ground of a bona‑fide requirement to start a business for her son. The original tenant, Lalu, died in 1965 and his heirs…
SRI CHAND GUPTAversusGULZAR SINGH AND ANR.
1991 INSC 26922 October 1991Dismissed
The landlord filed an eviction application under Section 14(1)(b) of the Delhi Rent Control Act, alleging that the tenant, Guizar Singh, had sublet the premises to his brother Avtar Singh. The Rent Controller and the Rent Control Tribunal relied on an affidavit filed by Avtar Singh before the Income Tax authorities, in…
SANGANER DAL AND FLOUR MILLversusF.C.I. AND. ORS.
1991 INSC 27022 October 1991Dismissed
SHIVAPPA TAMMANNAPPA KARABANversusPARASAPPA HANAMMAPPA KURABAN AND ORS.
1994 INSC 41222 September 1994Dismissed
The appellant, a holder of a village office (Walikarki) under the Karnataka Village Offices Abolition Act, 1961, claimed exclusive ownership of land regranted to him after the abolition of the office. Upon partition, he received only one‑fifth of the property while the respondents, other members of the Hindu joint fami…
THE EXCISE SUPERINTENDENT MALKAPATNAM, KRISHNA DISTRICT, ANDHRA PRADESHversusK.B.N. VISWESHWARA RAO AND ORS.
1996 INSC 92122 August 1996Disposed off
The State (Excis e Superintendent, Malkapatnam) sought to fill 723 posts by selecting candidates whose names were sponsored through the employment exchange, while the respondents, who applied independently, were excluded. The respondents approached the Andhra Pradesh Administrative Tribunal, which issued interim direct…
NAMDEOversusCOLLECTOR, EAST NEEMAR, KHANDWA AND ORS.
1995 INSC 48622 August 1995Dismissed
The appellant Namdeo purchased land from the son of a moneylender who had obtained a loan from the original owner, Rama Krishna, by oral mortgage in 1964. The Sub‑Divisional Officer held that the transaction was a prohibited loan, not a genuine sale, because the original owner remained in possession, and declared the 1…
NAGRI PRACHARINI SABHA AND ANR.versusVTH ADDL. DISTT. AND SESSIONS JUDGE, VARANASI AND ORS.
1990 INSC 24822 August 1990Dismissed
The Nagri Praccharini Sabha, a society registered under the Societies Registration Act, 1860, was sued by five of its members in a civil court challenging the election of its managing committee and seeking rendition of its accounts. The society contended that Sections 23 and 25 of the Act barred the suit. The Supreme C…
JAMSHEDPUR CONTRACTORS' WORKERS' UNIONversusSTATE OF BIHAR AND ORS.
1990 INSC 24922 August 1990Disposed off
Contract workers employed by Tata Iron and Steel Company, Jamshedpur, performed permanent and regular tasks before 11‑Feb‑1981 and sought permanent employment with the principal employer. The Bihar Government referred the dispute to the Industrial Tribunal under s.10 of the Industrial Disputes Act. The Tribunal held th…
STATE OF MADHYA PRADESH AND ANR.versusBADRINARAYAN ACHARYA ETC. ETC.
1996 INSC 76522 July 1996Appeal(s) allowed
The respondents, who were assistant teachers, were deputed at the Government's expense in 1966 to obtain higher qualifications such as graduation and B.Ed. The Government issued a Finance Department memo on 22 October 1964 stating that only employees who attended training at their own cost would be eligible for two adv…
STATE OF PUNJAB AND ORS.versusJIT SINGH
1996 INSC 76622 July 1996Appeal(s) allowed
The respondent, a work‑charged employee of the Punjab Public Works Department, went on leave on 10 April 1986 and failed to return without any sanction, remaining absent until August 1986. The department issued a termination notice on 3 September 1986, giving him ten days to report, and subsequently terminated his serv…
THE STATE OF MAHARASHTRAversusENGINEERING COLLEGE TEACHERS ASSOCIATION AND ORS.
1996 INSC 76722 July 1996Appeal(s) allowed
The State of Maharashtra appealed against a decision of the Maharashtra Administrative Tribunal which had directed that the service of Assistant and Associate Lecturers, appointed before 1979, be counted as service as Lecturers for the purpose of granting senior‑scale and selection‑grade pay. The respondents, who were …
R. PARANGUSAM ETC.versusCHIEF ELECTRICAL INSPECTOR AND ANR.
1996 INSC 76822 July 1996Appeal(s) allowed
The appellant, a retired government employee, challenged a compulsory retirement order. The Tamil Nadu Administrative Tribunal set aside the retirement order and directed the Government to conduct a fresh enquiry and fix his pension. The appellant contended that a fresh enquiry was unnecessary after his retirement. The…
PREMJI RATANSEY SHAH AND ORSversusUNION OF INDIA AND ORS.
1994 INSC 27922 July 1994Dismissed
The petitioners claimed to be successors in title to land that had been acquired by the government for the railways under the Land Acquisition Act, 1894, and sought a declaration and an injunction to protect their possession. The trial court found them in possession, but the High Court held that the land was in the pos…
SH. DEWAN CHAND BHALLAversusDR. ASHOK KUMAR BHOIL
1994 INSC 28122 July 1994Dismissed
The appellant, a government servant, was allotted a government residential accommodation and was a tenant of a residential building owned by the respondent landlord. The landlord invoked Section 14(3)(a)(iv) of the Himachal Pradesh Urban Rent Control Act, 1987 to obtain possession, arguing that the tenant was liable fo…
BIHAR PUBLIC SERVICE COMMISSION AND ANR. ETC.versusDR. SHIV JATAN THAKUR AND ORS. ETC.
1994 INSC 28222 July 1994Disposed off
Dr. Shiv Jatan Thakur, a member of the Bihar Public Service Commission (BPSC), claimed that, as a member, he was entitled to the same facilities and amenities as the Chairman, invoking the Constitution and the BPSC (Conditions of Service) Regulations. He also sought punitive action against the Chairman for allegedly re…
SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 42522 April 1997Leave Granted & Dismissed
The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ petitions were filed ch…
UNION OF INDIAversusBANT RAM (DEAD) BY LRS. ETC.
1996 INSC 56222 April 1996Appeal(s) allowed
The case concerned the validity of a compensation award made by the Collector under Section 28A of the Land Acquisition Act, 1894, after the High Court had already determined compensation under Section 54. The petitioners argued that a Section 28A application could not be filed once a Section 54 judgment was rendered, …
KM. PREETA SINGH ETCversusHARYANA URBAN DEVELOPMENT AUTHORITY AND ORS.
1996 INSC 56322 April 1996Dismissed
The appellants, allotted a site by the Haryana Urban Development Authority (HUDA) under a housing scheme, paid the original sale price but were later directed to pay an additional amount of about Rs. 1 lakh as per a calculation memo dated 9 August 1990. They contended that HUDA lacked authority to demand this extra sum…
SMT. SARADA AND ORS.versusMANIKKOTH KOMBRA RAJENDRAN
1996 INSC 56422 April 1996Appeal(s) allowed
The suit concerned possession of 17 cents of land sold by T. Sekharan, who later died; the appellants (his heirs) claimed the sale was a collateral security for a loan and that an agreement dated 4 January 1983, executed in the presence of a police sub‑inspector, evidenced receipt of Rs 35,000 and the condition that th…
VIJAYWADA-GUNTUR-TENALI URBAN DEVELOPMENT AUTHORITY AND ORS.versusMOVVA RANGA RAO AND ORS.
1996 INSC 56522 April 1996Disposed off
The appellant, Vijayawada‑Guntur‑Tenali Urban Development Authority, challenged the fee claimed by the respondent counsel, who had acted as Government Pleader and later as private counsel in land acquisition reference cases. The respondent sought a minimum fee of Rs.2,000 per case, relying on a certification by the Adv…
STATE OF HARYANA AND ORS.versusBALWANT SINGH AND ORS.
1996 INSC 56622 April 1996Appeal(s) allowed
The Haryana Subordinate Service Selection Board advertised and selected 45 candidates for Family Welfare Educators in 1971-72, but a writ petition prevented their appointment until 1985-86. After the writ was dismissed, the selected candidates received letters of appointment and joined service between September 1985 an…
STATE OF BIHAR AND ORS.versusMAHANTH BALRAM DAS
1996 INSC 56722 April 1996Appeal(s) allowed
The appeal concerned proceedings initiated under Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The question was whether the 1982 amendment, specifically Sections 32‑A and 32‑B, caused abatement of matters that had become final or were pending, thereby obligin…
MANGAT RAM ETC.versusSTATE OF HARYANA AND ORS.
1996 INSC 56822 April 1996Disposed off
The State of Haryana acquired 49 acres 1 canal 15 marlas of land in Sirsa for a commercial market. The Land Acquisition Officer fixed compensation at Rs 25,000 per acre, which was enhanced by the Additional District Judge to Rs 30,000 per acre, then by a single Judge to Rs 27.50 per square yard, and finally by the Divi…
VISHWAS ANNA SAWANT AND ORS.versusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.
1994 INSC 16922 April 1994
The Municipal Corporation of Greater Bombay resolved in 1975 to reserve promotion posts for backward classes, including Scheduled Castes, Scheduled Tribes, and denotified and nomadic tribes. Although a seniority‑wise list of eligible backward‑class employees was prepared, the corporation denied promotions to several ap…
THE GOVT. OF ANDHRA PRADESHversusH.E.H., THE NIZAM, HYDERABAD.
1996 INSC 42622 March 1996Appeal(s) allowed
The Government of Andhra Pradesh appealed a judgment that had awarded compensation for urban land of the Nizam acquired under the Land Acquisition Act, 1894. The land lay within the Hyderabad Urban Agglomeration and had been declared excess under the Urban Land Ceiling and Regulation Act, 1976, which deemed such land v…
UNION OF INDIA AND ORS.versusMAJOR GENERAL MADAN LAL YADAV (RETD.)
1996 INSC 42522 March 1996Appeal(s) allowed
Major General Madan Lal Yadav, a retired officer, was charged under Section 123 of the Army Act, 1950 for dereliction of duty in local purchases. After his retirement on 31 August 1986, he was kept under open arrest and a charge‑sheet was issued. A General Court‑Martial (GCM) was convened on 25 February 1987, but Yadav…
THE STATE OF BIHAR AND ORS. ETC.versusSAMSUZ ZOHA ETC.
1996 INSC 42722 March 1996Appeal(s) allowed
The Supreme Court examined the Bihar Government's policy of appointing dependents of deceased employees on compassionate grounds to Class IV posts, while reserving Class III posts for promotion. Several candidates appointed to Class IV filed writ petitions seeking promotion or fresh appointment to Class III. The Patna …
K. JAYADEVAN NAIRversusKRISHNA PILLAI (DEAD) AND ORS.
1996 INSC 42822 March 1996Appeal(s) allowed
In this appeal, the appellant, a member of a Hindu undivided family, claimed that he was in possession of the entire family property based on a family arrangement dating from 1977. The respondents contended that the property was self‑acquired by their father and therefore not subject to partition, asserting that the ap…
THE FINANCIAL COMMISSIONER (TAXATION) PUNJAB AND ORS.versusHARBHAJAN SINGH
1996 INSC 42922 March 1996Appeal(s) allowed
The respondent, a displaced person, obtained a land assignment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, through fraud and collusion with revenue officials. The Settlement Officer initially granted the assignment, later set it aside upon discovering the fraud. The Financial Commissioner (…
BASHIR AHMAD AND ORS.versusSTATE OF PUNJAB AND ORS.
1996 INSC 43022 March 1996Dismissed
The appellants, originally employed as cleaners and later promoted to drivers in the Punjab Poultry Department, were retrenched as surplus. When the government announced direct recruitment for drivers, they applied but were rejected for lacking the prescribed qualifications of a light‑vehicle driving licence and knowle…
STATE OF PUNJAB AND ORS.versusSURJIT SINGH CONDUCTOR
1996 INSC 43122 March 1996Appeal(s) allowed
The State of Punjab and others instituted disciplinary proceedings against Surjit Singh, a railway conductor, for failing to issue tickets. A charge‑sheet was filed, and although the Enquiry Officer found misconduct, the disciplinary authority disagreed with the report, held the charges proved and imposed two punishmen…
CHANDIGARH ADMINISTRATION THROUGH THE ESTATE OFFICER, UNION TERRITORY, CHANDIGARHversusM/S JOHNSON PAINTS AND VARNISH CO.
1996 INSC 43222 March 1996Appeal(s) allowed
The Chandigarh Administration (Estate Officer) appealed against a High Court order that directed it to re‑allot an industrial site (No. 187‑B) to M/s Johnson Paints & Varnish Co. The site had been allotted in 1965 to Kulraj Singh Paul, cancelled for default, resumed, re‑allotted, and again resumed in 1981. The responde…
SMT. GOWRAMMA ETC.versusLAO-CUM-MANDAL REVENUE OFFICER PARTI RANGAREDDY DISTRICT
1996 INSC 43322 March 1996Case Partly allowed
The Supreme Court examined compensation for land acquired under the Land Acquisition Act, 1894 where possession was taken in 1986 and an award was made in 1990. The High Court had relied on a prior judgment (Ex A‑2) to fix compensation at Rs 22 per square yard after adjusting for time lag, dismissing the claimants' app…
PANCHANAN SHARMAversusBASUDEO PRASAD JAGANANI AND ORS.
1995 INSC 20122 March 1995Appeal(s) allowed
The father of the appellant hypothecated a 5‑bigha property by usufructuary mortgage on 10 July 1911 for Rs.261, obligating the mortgagee to pay land revenue. The mortgagee defaulted, the property was auctioned and purchased by Ramtahal Singh. The appellant sued for redemption; the trial court decreed in his favour, bu…
STATE BANK OF HYDERABADversusTHE JOINT FAMILY OF M/S. MUKUNDAS RAJA BHAGWAN DAS AND ORS.
1995 INSC 20222 March 1995Appeal(s) allowed
The State Bank of Hyderabad sued the Joint Family of Mis. Mukundas Raja Bhagwan Das for recovery of a promissory note dated 20 May 1953. The respondents had applied in March 1960 under Section 11 of the Andhra Pradesh Jagirdar Debt Settlement Act, 1952 for scaling down the debt, and the Debt Settlement Board later held…
N. KUNHICFLEKKU HAJI(D) BY LRSversusSTATE OF KERALA AND ORS.
1995 INSC 20322 March 1995Appeal(s) allowed
The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on the ground that the…
V.R. KATARKIversusSTATE OF KARNATAKA AND ORS.
1990 INSC 10222 March 1990Dismissed
V.R. Katarki, a Civil Judge of the Karnataka Judicial Service, was dismissed by the High Court for alleged irregularities in land‑acquisition cases, including writing premature letters to the Land Acquisition Officer, fixing inflated land valuations, using order‑sheets printed by a private advocate, and purchasing a pu…
UNION OF INDIAversusM/S G.S. ATWAL, AND CO. (ASANSOLE)
1996 INSC 29622 February 1996Appeal(s) allowed
The Union of India entered into a contract with M/s G.S. Atwaland Co. for excavation work, and a dispute over equipment hire charges was referred to a sole arbitrator, T. Raja Ram, in the fifth arbitration. The arbitrator unilaterally enlarged the reference to include additional claims not originally pleaded and issued…
JUNJARAMversusBHAURAO AND ORS.
1996 INSC 29822 February 1996Appeal(s) allowed
Junjaram, a protected tenant under the Berar Regulation of Agricultural Leases Act, 1951, surrendered his lease by an unregistered deed in 1956 and within a year applied for restoration of possession. The initial authorities held the surrender illegal and ordered restitution, but the Deputy Commissioner set aside that …
ASSOCIATION OF CHEMICAL WORKERSversusS.D. RANE AND ORS.
1996 INSC 29922 February 1996Dismissed
The Association of Chemical Workers, a rival union at Chemicals & Fibers of India Ltd., challenged the recognition of the respondent union by the Industrial Court, alleging that the investigating officer had illegally used spot verification and alternate numbers to count members. The High Court examined whether the off…
PARSINI (DEAD) THROUGH LRS.versusATMA RAM AND ORS.
1996 INSC 30022 February 1996Dismissed
The Supreme Court heard a civil appeal (No. 1608 of 1979) challenging the genuineness of a will executed by Bhagwana on 15 October 1957, which left his property to Atma Ram. The appellant, Bhagwana's daughter, claimed that the will was not genuine and sought relief, arguing that she was not a party to the earlier suit …
HIRA LAL (DEAD) BY LRS. ETCversusSTATE OF MAHARASHTRA AND ANR.
1996 INSC 30122 February 1996Dismissed
The appellant filed a return under Section 12 of the Maharashtra Agricultural Land (Ceiling of Holdings) Act, 1961, claiming he had three sons and three daughters, and argued that the family was therefore entitled to two additional units of land under Section 6. He produced school certificates for the daughters but nev…
STATE OF MAHARASHTRA AND ANR.versusSANT JOGINDER SINGH KISHAN SINGH AND ORS.
1995 INSC 12722 February 1995Appeal(s) allowed
The State of Maharashtra acquired land under the Maharashtra Regional & Town Planning Act, 1966 after the Act was amended to include a three‑year limit for publishing a declaration under s.126(2). The petitioners challenged the acquisition, arguing that the amendment applied only to pending proceedings and that compens…
ARIES ADVERTISING BUREAUversusC.T. DEVARAJ (DEAD) BY LRS.
1995 INSC 12822 February 1995Dismissed
Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court reversed, finding no p…
STATE OF PUNJAB AND ANR.versusSH. SATINDER BIR SINGH
1995 INSC 12922 February 1995Appeal(s) allowed
The State of Punjab appealed against Sh. Satinder Bir Singh, who had received compensation for land acquired under the Land Acquisition Act, 1894, but later filed an application for reference to the civil court beyond the prescribed period. The High Court had held that the notice under Section 12(2) was invalid because…
MURLIDHAR DAYANDEO KESEKARversusVISHWANATH PANDU BARDE AND ANR.
1995 INSC 13022 February 1995Dismissed
The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled Tribes cannot be sold or…
ADDL. SPECIAL LAND ACQUISITION OFFICERversusYAMANAPPA BASALINGAPPA CHALWADI
1994 INSC 8722 February 1994
The respondents' agricultural lands were acquired under the Land Acquisition Act, 1894 for the Upper Krishna Project. The District Judge, based on evidence that two dry‑season crops yielded Rs 720 per acre, applied a 15‑year multiplier to compute a market value of Rs 800 per acre, which the Karnataka High Court upheld.…
THE STATE OF PUNJAB AND ANR.versusDHARAM PAUL AND ORS.
1996 INSC 10922 January 1996Appeal(s) allowed
The State of Punjab appealed a Punjab & Haryana High Court order that had allowed a group of industrial training institute instructors to have their salaries stepped up to match those of junior instructors who were receiving higher pay. Prior to 1961 all instructors were on a uniform pay scale, but in 1961 the pay scal…
THE MUNICIPAL COMMISSIONER, CALCUTTA MUNICIPAL CORPORATION AND ORS.versusPIJUSH KANT! DAS AND ANR.
1996 INSC 11022 January 1996Appeal(s) allowed
The Calcutta Municipal Corporation was formed by merging three municipalities, including Garden Reach, under the Calcutta Municipal Corporation Act, 1980. Respondent No.1, who had been an Education In‑charge in Garden Reach Municipality on a pay scale of Rs. 380‑910, was placed after the merger in the post of Education…
UNION OF INDIA AND ORS.versusSMT. DARSHNA DEVI
1996 INSC 11222 January 1996IA disposed
The Supreme Court had earlier disposed of an appeal and dismissed review petitions filed against its order. Subsequently, the parties filed applications seeking clarification and modification of that order, claiming the Court's inherent power. The Court examined whether such applications could be entertained when a rev…
THE CHIEF COMMISSIONER OF INCOME TAX (ADMINSITRATION) BANGALOREversusV.K. GURURAJ AND ORS.
1996 INSC 11322 January 1996Appeal(s) allowed
The Chief Commissioner of Income Tax (Administration) appealed against a Central Administrative Tribunal order that directed payment of a special allowance of Rs.35 per month to all Upper Division Clerks (UDCs) in non‑secretariat administrative offices. The government had earmarked 10% of UDC posts for special duties i…
M/S ELECTRONICS TRADE AND TECHNOLOGY DEVELOPMENT CORPN., LTD., SECUNDERABADversusM/S. INDIAN TECHONOLOGISTS AND ENGINEERS (ELECTRONICS) PVT. LTD. ANR.
1996 INSC 11422 January 1996Appeal(s) allowed
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque dated 30‑06‑1990 was dishonoured due to insufficient funds and that the drawer had instructed the bank to stop payment, as indicated by the bank’s endorsement. A notice demanding payment was sent to the draw…
C.S. VENKATASUBRAMANIANversusSTATE BANK OF INDIA
1996 INSC 136621 November 1996Disposed off
The appellant, an advocate, represented State Bank of India in a suit to recover a sum of Rs. 2.42 crore. He issued a public notice that was contrary to the bank's interests, causing the bank to lose confidence in him and request a No Objection Certificate to engage new counsel. The advocate refused, insisting on payme…
MRINALINI ROY RATNA PROVA MONDAL AND ORS.versusSTATE OF WEST BENGAL AND ORS.
1996 INSC 136721 November 1996Dismissed
The Supreme Court examined a notification under Section 4(1) of the Land Acquisition Act, 1894 for the reclamation of tank fisheries covering about 1,495.93 acres. The petitioners argued that "land" under Section 3(a) does not include tank fisheries and that the acquisition was not for a public purpose, rendering the n…
N. VENKATESWARA RAO AND ORS ETC.versusS.T.A. AND ORS. ETC.
1996 INSC 136821 November 1996Dismissed
The appellants, owners of three‑axle transport vehicles, challenged a Central Government notification dated 18 October 1996 that prescribed maximum gross vehicle weight and maximum safe axle weight under Section 58(1) of the Motor Vehicles Act, 1988. They argued that the phrase "whichever is less" and the reliance on m…
STATE OF PUNJAB AND ORS.versusMOHABIR SINGH ETC. ETC.
1995 INSC 76221 November 1995Disposed off
The respondents entered into a sale agreement for a portion of a house in Jalandhar and presented the deed for registration. The Sub‑Registrar, relying on government‑issued valuation guidelines, believed the market value was higher than stated and demanded a revision before registration. The respondents challenged this…
THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.
1995 INSC 76321 November 1995Appeal(s) allowed
The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or registration charges, a…
PEHLAD SINGH AND ANR. ETC.versusUNION OF INDIA
1995 INSC 76421 November 1995Dismissed
The Delhi High Court dealt with an appeal by Pehlad Singh and others challenging the compensation awarded for a small portion of land acquired under the Land Acquisition Act, 1894. The land acquired totaled 8.40 acres, but the appellants' interest was a small extent, for which compensation was fixed at Rs. 10 per squar…
RATAN LAL GUPTA AND ORS.versusUNION OF INDIA
1995 INSC 76521 November 1995Appeal(s) allowed
The Supreme Court examined the compensation awarded for the acquisition of 28 bighas (5.29 acres) of land in Yaquatpur, Delhi under the Land Acquisition Act. The Collector had fixed Rs 5,000 per bigha with solatium and interest, while lower courts reduced the value to Rs 30 per square yard and later the High Court aver…
MIR SINGH AND ORS.versusUNION OF INDIA
1995 INSC 76621 November 1995Dismissed
The appellants' land, covering 966 bighas, was acquired under Section 4(1) of the Land Acquisition Act, 1894, with a notification dated 24 October 1961. The Delhi High Court fixed compensation at Rs 12 per square yard (Rs 12,000 per bigha), following the uniform rate applied in the earlier Sanwalia case. The appellants…
SANT RAM AND ORSversusUNION OF INDIA
1995 INSC 76721 November 1995Dismissed
The appellants, Sant Ram and others, challenged the compensation awarded for their land acquired under the Land Acquisition Act, 1894. The Collector initially fixed compensation at Rs. 4,280 per bigha, which was later enhanced by the Additional Judge to Rs. 6,420 and by the Delhi High Court to Rs. 12,000 per bigha. The…
STATE OF GUJARATversusC.G. RAIYANI
1994 INSC 52921 November 1994Appeal(s) allowed
The respondent was initially appointed as a Junior Engineer on an adhoc basis in May 1969 and later selected for regular appointment by the Panchayat Services Selection Board, with regularisation intended to be effective from July 15, 1972. After a provisional promotion in 1978, a common seniority list placed him at a …
DIRECTOR OF EDUCATION AND ORS.versusGAJADHAR PRASAD VERMA
1994 INSC 53021 November 1994Appeal(s) allowed
The respondent, G.P. Verma, was appointed as a clerk in a private aided school during a leave vacancy and the Managing Committee resolved to retain him even after the vacancy ended. The school sought reimbursement of his salary from the Government under the U.P. High Schools and Intermediate Colleges (Payment of Salari…
SHYAM SUNDER DUTTAversusBAIKUNTHA NATH BANERJEE (DEAD) BY LRS. AND ORS.
1994 INSC 40921 September 1994Appeal(s) allowed
The appellant filed successive partition suits over property where a court‑appointed receiver (1933‑1941) had inducted the respondents as occupants. After the receiver’s discharge, the respondents claimed tenancy rights by adverse possession. The trial court and the appellate court found that the respondents were not i…
STATE OF MADHYA PRADESH AND ORS.versusM/S. KRISHNADAS TIKARAM
1994 INSC 41021 September 1994Appeal(s) allowed
The respondent was granted a mining lease in 1966 to extract limestone from a forest area, which expired in 1986. After the Forest Conservation Act, 1980 came into force, any grant or renewal of such a lease required prior approval of the Central Government under Section 2. The State Government issued an order renewing…
RAMESH DUTTversusSTATE OF PUNJAB
1996 INSC 91321 August 1996Appeal(s) allowed
The Supreme Court examined an appeal by Ramesh Dutt, whose 180 acres of land in Bhatinda had been acquired under the Land Acquisition Act, 1894. Dutt claimed compensation for the land and for loss of his poultry business. The trial court awarded market value compensation for the land and the High Court added compensati…
THE UNITED INDIA INSURANCE CO. LTD.versusM/S M.K.J. CORPORATION
1996 INSC 91421 August 1996Disposed off
The United India Insurance Company appealed against an order of the National Consumer Disputes Redressal Commission directing it to pay Rs.5,04,453.23 to M.K.J. Corporation for leather spoiled during an employees' strike, together with interest. The insurer contended that a clause (b) of Section 2 of the Fire Policy C,…
THE SPECIAL LAND ACQUISITION OFFICERversusVIRUPAX SHANKAR NADAGOUDA
1996 INSC 91521 August 1996Appeal(s) allowed
The Special Land Acquisition Officer awarded compensation for agricultural land and a separate sum for a well. On reference, the civil judge increased the compensation, and the Karnataka High Court affirmed it. The appellant challenged the use of a 15‑year multiplier in calculating compensation under Section 23(1) of t…
RAMLALversusUNION OF INDIA
1996 INSC 91621 August 1996Dismissed
Ram Lal was appointed on an ad‑hoc basis as a casual railway worker in 1962 and was illegally terminated in 1964. A civil court set aside the termination and reinstated him in 1971, granting regular status effective from September 1971 after he passed a medical examination. He claimed that he should be treated as a reg…
THE STATE OF GUJARATversusGOPALBHAI BECHARBHAI ETC.
1996 INSC 91721 August 1996Appeal(s) allowed
The State of Gujarat obtained a land acquisition award on 26 June 1981 under Section 11 of the Land Acquisition Act, 1894, and a notice under Section 12(2) was issued on 18 September 1981. An application for reference to a civil court under Section 18 was filed only on 30 July 1985, more than three years after the awar…
UNION OF INDIA AND ORS.versusDHANWANTI DEVI AND ORS.
1996 INSC 91121 August 1996Appeal(s) allowed
The Union of India appealed against an award of solatium and interest granted by an arbitrator under Section 8 of the Jammu & Kashmir Requisition and Acquisition of Immovable Property Act, 1968, where the respondents' lands had been acquired for defence purposes. The Supreme Court examined whether the 1968 Act, like th…
STATE OF U.P. AND ORS. ETC.versusSMT. MALTI KAUL AND ANR. ETC.
1996 INSC 92021 August 1996Appeal(s) allowed
The Supreme Court examined whether the Uttar Pradesh Urban Planning and Development Act, 1973 empowers a development authority to levy a development fee on applicants for plan sanction. The High Court had held that no such power existed, but the Supreme Court read Sections 14, 33, 41, 56 and related provisions as confe…
THE LAND ACQUISITION OFFICER AND SUB-COLLECTOR, GADWALversusSMT. SREELATHA BHOOPAL AND ANR.
1997 INSC 41521 April 1997Leave Granted & Allowed
The State issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Gadwal for a bus depot. The Land Acquisition Officer initially awarded compensation of Rs 8,000 per acre, which was enhanced by the Civil Court to Rs 20 per square yard and confirmed by the Andhra Pradesh High Court.…
MAHARASHTRA PUBLIC SERVICE COMMISSIONversusDR. BHANUMATI PURUSHOTTAM TATHOD AND ORS.
1997 INSC 41621 April 1997Leave Granted & Allowed
The Maharashtra Public Service Commission sought to appoint a Deputy Medical Superintendent, prescribing a post‑graduation in Medicine and fifteen years of experience as mandatory qualifications. Dr. Bhanumati Purushottam Tathod, the respondent, had only fourteen years of experience and was not called for interview. Th…
BERHAMPUR UNIVERSITY AND ANR.versusDR. SAILABALA P ADHI
1997 INSC 41721 April 1997Leave Granted & Allowed
Dr. Sailabala Padhi applied for the post of Professor of Environmental Science at Berhampur University. The Selection Committee found no candidate qualified, but the Sub‑Committee of the Syndicate recommended her appointment based on her marks and her MSc in Botany (Algology) and PhD in Algology. The Chancellor, acting…
GOVERNMENT OF TAMIL NADU AND ANR.versusK. RAJARAM APPASAMY
1997 INSC 41821 April 1997Leave Granted & Allowed
The respondent, a doctor employed by the Government of Tamil Nadu, was absent from duty without authorization for five years (May 1 1982 to May 1 1987). A departmental enquiry under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules led to his removal from service. The Tamil Nadu Administrative Tribuna…
HARYANA URBAN DEVELOPMENT AUTHORITYversusSMT. NALINI AGGARWAL ETC. ETC.
1997 INSC 41921 April 1997Leave Granted & Allowed
The Haryana Urban Development Authority (HUD A) issued a notification inviting applications for allotment of houses, requiring applicants to deposit earnest money and stipulating that no interest would be payable on such deposits. The respondents applied on 20 April 1993, but were unsuccessful in the lot draw, which wa…
UNION OF INDIAversusGURBACHAN SINGH AND ANR.
1997 INSC 42021 April 1997Dismissed
The respondent, who had not produced documentary proof of his date of birth, was assessed by a medical board to be about 25 years old and was allowed to retire in 1984 instead of 1980. He filed an application before the Labour Court under Section 33-C(ii) of the Industrial Disputes Act, 1947, seeking all retirement ben…
SENIOR REGIONAL MANAGER, FOOD CORPN. OF INDIA, CALCUTTAversusTULSI DAS BAURI AND ORS.
1997 INSC 42121 April 1997Leave Granted & Dismissed
The respondents, engaged as contract labour by a contractor, were denied full payment of their wages and claimed arrears. The Division Bench of the Calcutta High Court held that the principal employer, the Senior Regional Manager of Food Corp. of India, was liable to pay the outstanding balance. On appeal, the appellan…
STATE OF HARYANA AND ORS.versusRAI CHAND JAIN AND ORS.
1997 INSC 42221 April 1997Leave Granted & Allowed
The respondents, teachers in the Haryana Education Department, sought payment of salary in the selection‑grade pay‑scales, which the Punjab & Haryana High Court had granted. The Government issued an order (20 August 1996) stating that selection‑grade posts would be computed on the basis of total cadre strength, includi…
STATE OF ORISSA AND ORS. ETC.versusNIRANJAN NA YAK AND ANR. ETC.
1997 INSC 42321 April 1997Leave Granted & Allowed
The State of Orissa appealed against the Orissa High Court’s order that allowed writ petitions of teachers seeking additional amounts based on a cut‑off date of 1 April 1981 for acquiring qualifications. The Supreme Court examined whether the cut‑off date prescribed by the Government was valid and whether the High Cour…
HARYANA STATE ELECTRICITY BOARD AND ANR.versusMAHA SINGH AND ANR.
1997 INSC 42421 April 1997Leave Granted & Allowed
The Haryana State Electricity Board (the Board) had a policy that, when land was acquired, one member of the landowner's family must be given employment. Shamsher Singh, a son of the landowner, applied for appointment but died before the Board could appoint him. The Board then appointed his widow, Smt. Suresh Bala, in …
SMT. INDRANI BAIversusUNION OF INDIA AND ORS.
1994 INSC 16421 April 1994Appeal(s) allowed
The widow of a turner who was dismissed from service challenged the disciplinary enquiry that led to his dismissal. The employee had alleged bias against the appointed enquiry officer and requested a change of officer, which the authorities ignored and proceeded with an ex parte enquiry. After the enquiry officer exami…
STATE OF U.P. AND ANR.versusPREM LATA MISRA AND ORS.
1994 INSC 16521 April 1994
The respondent was appointed as a temporary Assistant Project Officer under the National Adult Education Scheme, with her appointment stating that service could be terminated at any time by giving one month's notice or pay. In June 1982 she was terminated under the Uttar Pradesh Temporary Government Servants (Terminati…
SATISH CHANDRAversusREGISTRAR OF COOPERATIVE SOCIETIES, DELHI.
1994 INSC 16621 April 1994
The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did not contest the expu…
ASHOK KUMAR GUPTA AND ANR.versusSTATE OF U.P. AND ORS.
1997 INSC 30821 March 1997Dismissed
The petitioners challenged the promotions of several engineers in the Uttar Pradesh Public Works Department, arguing that the Supreme Court's decision in Indira Sawhney (Mandal) that reservation in promotion was unconstitutional could not be postponed for five years. The Court examined whether the right to promotion is…
STATE FISHERY OFFICERS' ASSOCIATION, WEST BENGAL AND ANR.versusSTATE OF WEST BENGAL AND ANR.
1997 INSC 31021 March 1997Dismissed
The State Fishery Officers' Association entered into a tripartite agreement with the West Bengal government in 1961 to improve service conditions for fishery department officers. While the government issued orders granting all benefits except monetary ones for the period 1961‑1981, the association sought tribunal direc…
THE HIMACHAL ROAD TRANSPORT CORPORATION AND ANR.versusSHRI KEWAL KRISHAN
1997 INSC 31121 March 1997Leave Granted & Allowed
The Himachal Road Transport Corporation (HRTC) initiated disciplinary proceedings against conductor Shri Kewal Krishan for failing to issue tickets. The enquiry was started by the Assistant Manager, Mr K.N. Uppal, who had been designated as Head of Office under the HRTC (Class III & IV) Services Regulations, 1975, and …
THE SECRETARY TO GOVERNMENT AND ANR.versusK. MUNNIAPP AN
1997 INSC 31221 March 1997Leave Granted & Allowed
The Supreme Court examined whether a civil servant can be suspended before retirement when an enquiry into a grave criminal offence is merely contemplated. K. Munniappan, a Divisional Engineer, was served a suspension order under Rule 17(e)(1) of the Tamil Nadu Civil Services (CCA) Rules because an investigation into a…
PUTHIYA PURAYIL KANNAN'S WIDOW KOZIPURATH CHEMMARATHI BY L.R. KOZHIPURATHU KANARANversusPATINHARE KOYYATTAN BALAN AND ORS.
1997 INSC 31321 March 1997Dismissed
The Supreme Court considered a review petition filed by the widow of the original petitioner who had died, seeking to set aside the abatement of the suit caused by the death. The Court examined whether the application to bring legal representatives on record, filed after the 90‑day period prescribed by Article 120 of t…
C.S. JOSHIversusINDIAN INSTITUTE OF TECHNOLOGY, KANPUR AND ANR.
1997 INSC 31421 March 1997Leave Granted & Dismissed
C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced the back‑wages to 25%…
LAND ACQUISITION OFFICER, HYDERABAD ETC.versusMALE PULLAMMA AND ORS. ETC.
1996 INSC 42121 March 1996Dismissed
The Supreme Court examined an appeal concerning the acquisition of 89 acres of agricultural land in Siddanti village, Andhra Pradesh, under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer and lower courts had progressively increased compensation, with the High Court fixing a market value of…
KARNAL IMPROVEMENT TRUSTversusRAM PARKASH AND ORS.
1996 INSC 42221 March 1996Disposed off
The case arose from a land acquisition proceeding under the Land Acquisition Act, 1894 where the compensation award made by the Tribunal was challenged. The award had been passed by the President of the Tribunal without the participation of the other members, rendering it illegal and non est. While the award was under …
STATE OF WEST BENGAL AND ORS.versusTROPICAL SCHOOL EMPLOYEES UNION AND ORS.
1996 INSC 42321 March 1996Appeal(s) allowed
The Carmichael Institute for Tropical Diseases, taken over by the West Bengal Government in 1971, created separate cadres for non‑medical technical staff (Group C) and class‑IV staff (Group D). The Government, following the Second Pay Commission, granted UGC pay scales only to non‑gazetted teaching staff, while the oth…
VIRUPAKSHAYYA SHANKARAYYAversusNEELAKANTA SHIVACHARYA PATIADADEVARU
1995 INSC 19221 March 1995Appeal(s) allowed
The respondent‑plaintiff sought possession of a math (public trust) claiming to be the valid Padadayya, challenging the installation of earlier Padadayyas. An earlier proceeding before the Privy Council had held that Shivalingayya was validly nominated and installed, a decision the plaintiff was not a party to. The Sup…
KART AR SINGH @ NARANJAN SINGH AND ORS.versusSTATE OF PUNJAB
1995 INSC 19021 March 1995Dismissed
The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under Section 144 of the Cod…
UNION OF INDIAversusJAGDISH AND ORS.
1995 INSC 19121 March 1995Appeal(s) allowed
The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. The Supreme Court ob…
LAL CHANDversusVIIITH ADDL. DISTRICT JUDGE AND ORS.
1997 INSC 17921 February 1997Appeal(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 appellant's land. T…
DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHAversusTHE STATE OF BIHAR AND ORS.
1997 INSC 18021 February 1997Disposed 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 were not entitled to …
RAM SAKAL SINGHversusMOSAMAT MONAKE DEVI (DEAD) AND ORS.
1997 INSC 18121 February 1997Dismissed
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 subsequent sale deed. …
K. KRISHNAMACHARYULU AND ORS.versusSHRI VENKATESWARA HINDU COLLEGE OF ENGINEERING AND ANR.
1997 INSC 18221 February 1997Appeal(s) allowed
Six lab assistants employed on daily wages at a private college filed a writ petition under Article 226 seeking equal pay with government employees, invoking Article 39(d) and executive instructions. The High Court dismissed the petition, and the matter reached the Supreme Court on appeal. The Court examined whether a …
STATE OF U.P.versusYAMUNA SHANKER MISRA AND ANR.
1997 INSC 18321 February 1997Appeal(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 malice and arbitrari…
BANDHUA MUKTI MORCHA ETC.versusUNION OF INDIA AND ORS .
1997 INSC 18421 February 1997Disposed 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 widespread child‑bondage, ph…
DIGAMBAR ADHAR PATILversusDEVRAM GIRDHAR PATIL (DIED) AND ANR.
1995 INSC 12221 February 1995Dismissed
The respondents filed an application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking the price for purchasing 8 acres 26 guntas of land held by the appellant as landlord. The Tribunal held that the respondent possessed 54 acres, exceeding the statutory ceiling of 48 acres, and therefore…
NEWANNESS @MEWAJANNESSAversusSHAIKH MOHAMMAD @ AND ORS.
1995 INSC 12321 February 1995Appeal(s) allowed
The case involved a partition suit concerning the inheritance of Haji Ishan Ali (HA) who died in 1955, leaving a widow, two daughters, and three sons. The High Court had held that property purchased in the name of HA's son Sabul Hassan (SH) belonged solely to SH, raising the question of whether HA was a sharer in SH's …
STATE OF MAHARASHTRAversusMAHARAU SRAWAN HATKAR
1995 INSC 12521 February 1995Appeal(s) allowed
The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land Acquisition Officer and lat…
STATE OF ORISSA THROUGH ITS PRINCIPAL SECRETARY, HOME DEPTT.versusBIMAL KUMAR MOHANTY
1994 INSC 8321 February 1994
The respondent, a manager in the Orissa State Guest House, was found to have committed serious financial irregularities and was later discovered to possess disproportionate assets. The appointing authority suspended him pending disciplinary proceedings and a criminal investigation under Rule 12 of the Orissa Civil Serv…
PRABHUversusSTATE OF RAJASTHAN
1994 INSC 8421 February 1994Dismissed
The appellant, a milk vendor, had a sample of his milk taken by a food inspector on 19 March 1983, which was sent for analysis and reported as adulterated. He was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, sentenced to six months imprisonment and a fine, later reduc…
SUPERINTENDING ENGINEER, PUBLIC HEALTH, U.T CHANDIGARH AND ORS.versusKULDEEP SINGH AND ORS.
1997 INSC 4421 January 1997Dismissed
The petitioners, the Superintending Engineer, Public Health, UT Chandigarh and others, appointed two officers to the post of Head Draftsman without considering the respondent, Kuldeep Singh, a Scheduled Caste (SC) candidate who was eligible for promotion under the reservation roster. The vacancy was reserved for Schedu…
TAMIL NADU ELECTRICITY BOARD AND ANRversusN. RAJU REDDIAR AND ANR
1996 INSC 153020 December 1996Dismissed
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 respondent’s counsel l…
DR. RAJESHW AR KUMAR MALHOTRA AND ANR. ETC.versusMIS LLOYD ELECTRIC ENGINEERING LTD. AND ORS.
1996 INSC 153120 December 1996Appeal(s) allowed
The Supreme Court considered appeals against a Rajasthan High Court order that had granted an injunction against Mis Lloyd Electric Engineering Ltd. The appellants, Dr. Rajeshwar Kumar Malhotra and S. Srinivasan, argued that the two senior individuals whose presence formed the basis of the injunction had resigned and t…
N. MOHANANversusSTATE OF KERALA AND ORS.
1996 INSC 153220 December 1996Dismissed
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 vacancies, leading him to obt…
M/S. NATIONAL INSURANCE CO. LTD.versusSMT. JIKUBHAI NATHUJI DABHI AND ORS.
1996 INSC 134620 November 1996Appeal(s) allowed
The appellant, Mis. National Insurance Co. Ltd., sought to deny liability for an accident that occurred on 25 October 1983 at 11:14 a.m. The motor insurance policy had a renewal premium due on 14 October 1983, which was paid late on 25 October 1983 at 4:00 p.m. The policy expressly stated that coverage was suspended fr…
M/S SANT RAM AND COMPANYversusTHE STATE OF RAJASTHAN AND ORS.
1996 INSC 134720 November 1996Dismissed
The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against another contract. The app…
NARAYAN DATTATRAYA RAMTEERTHAKHARversusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 134820 November 1996Dismissed
The petitioner, a government servant, was found to have misappropriated Rs. 1,440 deducted from employees and only deposited it after being compelled in 1985. An enquiry officer held him guilty of misconduct, leading the disciplinary authority to remove him from service. The petitioner challenged the removal, alleging …
DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATIONversusMOHD. YOUSUF MIYA ETC.
1996 INSC 134920 November 1996Appeal(s) allowed
The Depot Manager of Andhra Pradesh State Road Transport Corporation initiated disciplinary proceedings against driver Mohd Yousuf Miya under Regulation 28(ix) of the Employees Conduct Rules, 1963 after a fatal accident caused by his alleged failure to anticipate the incident. Simultaneously, the driver faced criminal …
RAJPALversusSTATE OF HARYANA AND ORS.
1995 INSC 75620 November 1995Appeal(s) allowed
The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment required his regular…
RESHAM SINGH PYARA SINGHversusABDUL SATTAR
1995 INSC 75720 November 1995Dismissed
The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the petitioner's exclusive pos…
GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. PANDURANG AND ORS.
1995 INSC 75820 November 1995Appeal(s) allowed
The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, while the juniors ear…
SMT. RAMTI DEVIversusUNION OF INDIA
1994 INSC 47720 October 1994Dismissed
Ramti Devi filed a suit on 30 July 1966 seeking a declaration that she was the absolute owner of a house and that the sale deed dated 29 January 1947, by which the defendant had allegedly alienated the property, should be avoided or cancelled. The trial court dismissed the suit and the Delhi High Court affirmed the dis…
K.S. PARIPOORNANversusSTATE OF KERALA AND ORS.
1994 INSC 47820 October 1994Case Partly allowed
The case concerned a land acquisition where the Collector’s award was made on 30 December 1980 and possession taken in early 1981. The civil court, on reference, enhanced the compensation on 28 February 1985 and the enhanced amount was deposited in 1986. The High Court confirmed the enhanced compensation but denied int…
THE CHIEF GENERAL MANAGER, JAGANNATH AREA AND ORS.versusSTATE OF ORISSA AND ORS.
1996 INSC 108420 September 1996Dismissed
The petitioners owned dumpers used primarily within mining areas and were taxed as motor vehicles under the Orissa Motor Vehicles Taxation Act, 1975. They contended that the dumpers, because of their oversized dimensions, heavy‑duty tyres and inability to operate on public highways, were not "adapted" for road use and …
THE SECRETARY, JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusDAULAT MAL JAIN
1996 INSC 108520 September 1996Disposed off
The Supreme Court examined the validity of land allotted to "sub‑awardees" after the land had been acquired under the Rajasthan Land Acquisition Act. It held that once a notification under S.4 and possession under S.16 were effected, the original owner's title ceased and vested in the State, rendering any subsequent sa…
P. SIDDALINGAPPAversusTHE STATE OF KARNATAKA AND ORS.
1996 INSC 108720 September 1996Appeal(s) allowed
The appellant challenged the authority to appoint Deputy Commissioners who were promoted from the cadre of Revenue Officers of the Bangalore City Corporation under the Karnataka Municipal Corporation Act, 1976. The dispute centered on whether the Government or the Municipal Commissioner had the power to make such appoi…
RAMESH KUMAR CHOUDHA AND ORS.versusSTATE OF M.P. AND ORS.
1996 INSC 108820 September 1996Disposed off
The appellants and respondents were employees of the Madhya Pradesh Irrigation Engineering Service governed by the 1968 Recruitment Rules. The Rules stipulated that eligibility for promotion to Assistant Engineer be determined as of 1 January each year, requiring either 8 years of service for graduate engineers or 12 y…
U.P STATE ROAD TRANSPORT CORPN. THROUGH ITS MANAGING DIRECTOR AND ANR.versusGOBARDHAN AND ANR.
1996 INSC 108920 September 1996Disposed off
The Uttar Pradesh State Road Transport Corporation prepared a waiting list of 414 candidates for conductor posts to be filled during peak seasons or vacancies. The corporation cancelled the waiting‑list procedure in July 1980, yet later appointed several junior candidates from the list, some of whom were regularised. G…
STATE OF U.P. AND ANR.versusT.P. LAL SRIVASTAVA
1996 INSC 109020 September 1996Appeal(s) allowed
The respondent, a Senior Marketing Inspector, was served a charge‑sheet on 23 November 1984 alleging gross irregularities in the movement of wheat. He failed to submit a reply despite several letters, and the employer dismissed him on 26 June 1987. The High Court set aside the dismissal, holding that the employee had n…
ALL ORISSA ELECTRICAL WORKERS UNIONversusSTATE OF ORISSA AND ORS.
1996 INSC 109120 September 1996Dismissed
The All Orissa Electrical Workers Union filed a Special Leave Petition challenging the State of Orissa's service rules that required Class III and higher employees, even if skilled or highly skilled, to retire at 58 instead of 60. The petition argued that various categories of workers such as electricians, plumbers, an…
C.K. LOKESHversusP.E. PANDURANGA NAIDU
1996 INSC 109220 September 1996Appeal(s) allowed
The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant filed an application und…
KRISHI UTPADAN MANDI SAMITI ORAI DISTRICT, JALAUN THROUGH ITS SECRETARYversusAMAR SINGH AND ANR.
1996 INSC 109320 September 1996Appeal(s) allowed
The Supreme Court examined an appeal by Krishi Utpadan Mandi Samiti challenging the award of additional compensation, enhanced solatium and interest granted by the Allahabad High Court to the respondents under the Land Acquisition Act, 1894. The High Court had applied provisions of the 1984 amendment (Section 23(2), pr…
JOGIBHAI MANGALBHAI TANDEL ETC.versusTHE MAMLATDAR AND AGRICULTURAL LAND TRIBUNAL, PARDL AND ANR.
1994 INSC 40720 September 1994Dismissed
The appellants purchased about 7 acres of agricultural land in Moria village, Gujarat, without obtaining the prior permission required under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Mamlatdar initiated ejectment proceedings, and the Gujarat High Court dismissed the appellants' special civi…
STATE OF ANDHRA PRADESHversusNAGOTIVENKATARAMANA
1996 INSC 90920 August 1996Appeal(s) allowed
The State of Andhra Pradesh prosecuted N. Venkatramana, a video shop owner, for possessing 90 video cassettes that lacked the statutory particulars required under Section 52-A of the Copyright Act, 1957. The trial court convicted him under Section 63, imposing six months' imprisonment and a fine of Rs.3,000, a sentence…
M/S. FAIR AIR ENGINEERS PVT. LTD. AND ANR.versusN.K. MODI
1996 INSC 91020 August 1996Appeal(s) allowed
M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under clause 12 of the agreem…
SH. JILUBHAI NANBHAI KHACHAR ETC ETC.versusSTATE OF GUJARAT AND ANR. ETC. ETC.
[1994] SUPP. 1 S.C.R. 80720 July 1994Dismissed
The appellants, successors of Girasdars and Barkhalidars, challenged the constitutional validity of the Gujarat Amendment to the Bombay Land Revenue Code, which vested all mines, minerals and quarries in the State and provided compensation based on the average of three years' net income. They argued that the amendment …
PUNJAB NATIONAL BANK AND ORS.versusSURENDRA PRASAD SINHA
1992 INSC 10920 April 1992Dismissed
The Supreme Court decided two matters. In Punjab National Bank & Ors. v. Surendra Prasad Sinha, the Court held that Section 3 of the Limitation Act bars only the remedy, not the underlying right to a debt, and that the bank's adjustment of a fixed‑deposit security to satisfy the principal debtor's liability was a contr…
P. SADAGOPAN AND ORS.versusFOOD CORPORATION OF INDIA, ZONAL OFFICER (SOUTH ZONE) REPRESENTED BY ITS ZONAL MANAGER AND ANR.
1997 INSC 29820 March 1997Appeal(s) allowed
The petitioners, employees of the Food Corporation of India, sought promotion to Assistant Manager Category II under the Staff Regulations, 1971, which require three years of experience as Assistant Category I. The Promotion Board issued executive instructions that relaxed this experience requirement and promoted certa…
BALESHWAR TEWARI (DEAD) BY LRS. AND ORS.versusSHEO JATAN TIWARY AND ORS.
1997 INSC 29920 March 1997Appeal(s) allowed
The respondent purchased three bighas and six kathas of land from the Raja Dumraon Raj in 1957 and filed a suit for declaration of title. The appellant claimed he had been in possession of the land as a lessee since 1925 and the trial court dismissed the suit, finding the appellant to be a raiyat. The Subordinate Judge…
UNIVERSITY OF COCHIN, REP., BY ITS REGISTRAR UNIVERSITY OF COCHIN ETC.versusN.S. KANJOONJAMMA AND ORS. ETC.
1997 INSC 30020 March 1997Appeal(s) allowed
The University of Cochin adopted Kerala State Subordinate Service Rules 14‑17A to reserve certain non‑teaching posts for Scheduled Castes and Scheduled Tribes and advertised six such posts for special recruitment. The first respondent, a Section Officer, applied for the posts but was not selected and challenged the app…
JAI PRAKASH SHARMAversusSTATE OF U.P. AND ORS.
1997 INSC 30120 March 1997Dismissed
J.P. Sharma, who had been Headmaster of a Junior High School since July 1974, contested the appointment of Man Singh Verma as Headmaster of the same school after it was upgraded to a High School in July 1976. The selection was made under Section 16‑E(2) of the U.P. Intermediate Education Act, 1921, which requires a min…
SMT. RAM SAKHI DEVI ETC.versusSTATE OF U.P. AND ORS. ETC.
1997 INSC 30220 March 1997Dismissed
The appellant, Ram Sakhi Devi, was appointed headmistress of a junior high school that was upgraded to a high school. The managing committee selected her under the U.P. Intermediate Education Act, 1921, but the District Inspector did not ratify the appointment. The appellant challenged the dismissal of her writ petitio…