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K RAMASWAMY

1805 judgments · newest first · showing 401–600

WALTER LOUIS FRANKLIN (DEAD) THROUGH LRS.versusGEORGE SINGH (DEAD) THROUGH LRS.

1996 INSC 1399Appeal(s) allowed

The appellant, Walter Louis Franklin, purchased plot No. 15/45 from a church in 1937 and had been in possession, using it for poultry farming and occasional sleeping. He filed a suit for perpetual injunction under Section 38 of the Specific Relief Act, 1963, to restrain the respondent, George Singh, …

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

1996 INSC 1385Appeal(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 …

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

1996 INSC 1386

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 …

STATE OF HARYANA AND ANR.versusRAVI BALA AND ORS.

1996 INSC 1387Appeal(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 …

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

1996 INSC 1389Appeal(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 …

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

1996 INSC 1390Appeal(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 …

BANSILAL FARMS ETC.versusUMARANI BOSE AND ORS.

1996 INSC 1374Appeal(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 …

BIHAR PUBLIC SERVICE COMMISSION AND ANR.versusSTATE OF BIHAR AND ORS.

1996 INSC 1375Appeal(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 …

UNION OF INDIA AND ORS.versusD.R.R. SASTRI

1996 INSC 1376Dismissed

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. …

BALARPUR INDUSTRIES LTD.versusSTATE OF GUJARAT AND ORS.

1996 INSC 1377Disposed 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 …

C. PADMA AND ORS.versusTHE DY. SECRETARY TO THE GOVT. OF TAMIL NADU AND ORS.

1996 INSC 1378Dismissed

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 …

SHIMLA DEVELOPMENT AUTHORITY AND ORSversusSMT. SANTOSH SHARMA AND ANR.

1996 INSC 1380Dismissed

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 …

ALL INDIA FEDERATION OF CENTRAL EXCISE ETC.versusTHE UNION OF INDIA AND OTHER

1996 INSC 1371Disposed 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 …

C.S. VENKATASUBRAMANIANversusSTATE BANK OF INDIA

1996 INSC 1366Disposed 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 …

MRINALINI ROY RATNA PROVA MONDAL AND ORS.versusSTATE OF WEST BENGAL AND ORS.

1996 INSC 1367Dismissed

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 …

N. VENKATESWARA RAO AND ORS ETC.versusS.T.A. AND ORS. ETC.

1996 INSC 1368Dismissed

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" …

M/S. NATIONAL INSURANCE CO. LTD.versusSMT. JIKUBHAI NATHUJI DABHI AND ORS.

1996 INSC 1346Appeal(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 …

M/S SANT RAM AND COMPANYversusTHE STATE OF RAJASTHAN AND ORS.

1996 INSC 1347Dismissed

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 …

NARAYAN DATTATRAYA RAMTEERTHAKHARversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1348Dismissed

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 STATE OF PUNJABversusSARWAN SINGH

1996 INSC 1342Appeal(s) allowed

The case arose from a land dispute that escalated into a fight between two groups on 25 October 1985, during which the victim Santokh Singh sustained eight injuries, five on the head, inflicted by the respondent Sarwan Singh with a heavy weapon (gandasa). The trial court and the Punjab & Haryana …

STATE OF PUNJAB AND ORS.versusLAL SINGH AND ORS.

1996 INSC 1323Appeal(s) allowed

The appellants, who were JBT Teachers appointed temporarily as Head Teachers, claimed an advance increment for the period of their temporary promotion. The dispute centered on which pay‑scale the advance increment should be drawn from – the scale of the temporary post (Head Teacher) or that of their …

NIVARTI GOVIND INGALE AND ORS.versusRAVANAGOUDA BHIMANGOUDA PATIL

1996 INSC 1324Appeal(s) allowed

Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the …

PUNJAB STATE ELECTRICITY BOARD, PATIALA AND ANR.versusSURJIT SINGH BRAR

1996 INSC 1325Appeal(s) allowed

The respondent, an ex‑army officer who served from 1963 to 1973, was appointed to a civil post in 1979 under the ex‑servicemen quota and was granted pay increments and seniority under the Punjab Government National Emergency (Concession) Rules, 1965 (Rules 2 and 4). The State later realised that he …

PARSHOTAM SINGH (DEAD) THROUGH LRS.versusHARBANS KAUR AND ANR.

1996 INSC 1327Appeal(s) allowed

Bakhtawar Singh died leaving his son Harsukhjit Singh and widow Pritam Kaur. Harsukhjit succeeded to property inherited from his grandfather and to a portion of his mother's self‑acquired property, which he later blended. After Harsukhjit’s death, his sons Parshotam Singh (appellants) and Lakhmir …

BRIG. SAWAI BHAWANI SINGHversusM/S. INDIAN HOTELS COMPANY LTD.

1996 INSC 1328Dismissed

The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the …

UNION OF INDIA AND ORS.versusMAHENDER SINGH AND ORS.

1996 INSC 1329Appeal(s) allowed

The respondents, who served as temporary drivers (Security Assistants Motor Transport) in the Intelligence Bureau from April 24, 1986 to October 5, 1988, filed an application for regularisation of their services. The Central Administrative Tribunal directed that they be regularised with relaxation …

GOVERNMENT OE INDIA REPRESENTED BY THE SECRETARYversusK.V. SWAMINATHAN

1996 INSC 1330Appeal(s) allowed

K.V. Swaminathan applied for a freedom‑fighter pension, which was pending for a long period. The government, after giving him the benefit of doubt, granted the pension on 18 November 1989. Swaminathan filed a writ petition seeking the pension to be backdated to the date of his application. The …

RAMARAVALUGAVADEversusSATABA GAVADU GAVADE (DEAD) THROUGH LRS. AND ANR.

1996 INSC 1331Appeal(s) allowed

The appellant, an illiterate farmer, sought to bring his legal representatives on record after his uncle, a party to a civil suit, died pending appeal, causing the original appeal to abate. The High Court dismissed the application to condone the delay, citing lack of proper explanation, and upheld …

BIHAR STATE ELECTRICITY BOARDversusAKHIL KRISHNA MITRA AND ORS.

1996 INSC 1332Disposed off

The employee was appointed as a Bihar Government servant in June 1950 and was sent on deputation to the Bihar State Electricity Board (BSEB) in August 1959, later being absorbed by the Board in 1970 and retiring in 1984. The dispute concerned whether the BSEB was liable to pay the employee's pension …

STATE OF KERALA ETC.versusGURUVAYUR DEVASWOM MANAGING COMMITTEE AND ORS. ETC.

1996 INSC 1333Dismissed

The State of Kerala challenged a Kerala High Court order that sanctioned Rs 7,10,212 spent by Shri Raghavan, the Administrator of the Guruvayur Devaswom, on a clerk recruitment examination whose question paper had leaked, and also directed payment of Rs 35,000 as monetary consideration for his …

EXECUTIVE DIRECTOR TTD AND ANR.versusD. NAGULU NAIDU

1996 INSC 1302Appeal(s) allowed

The respondent, D. Nagulu Naidu, a regularised employee of the Tirumala Tirupati Devasthanams, challenged a transfer order in a writ petition before the Andhra Pradesh High Court. The Single Judge did not suspend the transfer but held it would be decided on the merits of the petition. The respondent …

STATE OF H.P. AND ORS.versusSURINDER KUMAR MOHLNDRA AND ORS.

1996 INSC 1303Appeal(s) allowed

The respondent, an Agriculture Inspector in Himachal Pradesh, sought promotion to the post of Joint Director (Agriculture). Promotion rules required merit, seniority, a minimum three‑year service in the feeder grade and a "zone of consideration" limited to five times the number of vacancies. The …

SH. MOHAN SINGH AND ORS.versusINTERNATIONAL AIRPORT AUTHORITY OF INDIA AND ORS.

1996 INSC 1304Dismissed

The International Airport Authority of India acquired land for airport expansion by invoking the urgency power under Section 17(1) of the Land Acquisition Act, dispensing with the Section 5‑A enquiry and taking possession under Section 17(4). The appellants challenged the validity of the …

SHEAPUJAN BHAGATversusTHAKUR HEMBROM AND ORS.

1996 INSC 1308Disposed off

The village headman Hari Hembrom resigned voluntarily, rendering the village a 'Khas village' under Section 4(ix) of the Santai Parganas Tenancy (Supplementary Provisions) Act, 1949. An election was held and the appellant, Sheapujan Bhaghat, was declared the winner, which the respondent, Thakur …

EMPLOYEE'S STATE INSURANCE CORPORATIONversusM/S. F. FIBRE BANGALORE (P) LTD.

1996 INSC 1309Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) sought recovery of employer contributions from M/S F. Fibre Bangalore (P) Ltd., which disputed the liability and quantum of the contribution. The dispute centered on whether, under Section 75 of the Employees' State Insurance Act, 1948, the …

SMT. TULSA BAIversusSTATE OF MADHYA PRADESH AND ORS.

1996 INSC 1310Dismissed

Sm. Tulsabai filed a suit seeking declaration of title and an injunction against the State of Madhya Pradesh and others, asserting that she purchased a plot and built a house using her own funds. The State contended that the house was held in her name as a benami transaction to shield her husband, a …

K.P.A. VELLAYAPPA NADAR (DEAD) THROUGH LRS.versusBHAGIRATHI AMMAL AND OTHERS

1996 INSC 1296Appeal(s) allowed

The appellant, K.P.A. Vellayappa Nadar, was a partner in a firm formed in 1954. In February 1970, due to his old age, the partners mutually dissolved that firm and settled accounts, and a new partnership was created on 15 February 1970 without the appellant. After the death of one partner in 1972, …

SHRI TULSIversusSMT. PARO (DEAD)

1996 INSC 1297Appeal(s) allowed

The respondent, Paro, sued Tulsi for possession of agricultural land, alleging Tulsi was merely a licensee who cultivated the land on her behalf. Tulsi contended he was a tenant at will, a status reflected in revenue records from 1951‑52 to 1971‑72 where he was listed as "Gar Marusi" and he had …

JAI DAYAL AND ORS.versusKRISHAN LAL GARG AND ANR.

1996 INSC 1298Appeal(s) allowed

Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that …

M. POORNACHANDRAN AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1996 INSC 1292Dismissed

The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the …

VIJAY KUMAR NIGAM (DEAD) THROUGH LRS.versusSTATE OF M.P. AND ORS.

1996 INSC 1299Dismissed

V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and …

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

1996 INSC 1280Disposed off

The Supreme Court heard appeals against a Patna High Court order that, in an application for extension of time, directed all CBI investigation reports in the Bihar "Fodder Scam" to be submitted directly to the High Court and barred the Director of the CBI from intervening in the investigation. The …

RAJ KUMAR GUPTAversusLT. GOVERNOR, DELHI AND ORS.

1996 INSC 1287Appeal(s) allowed

The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High …

RAJ KUMAR KARANWALversusTHE COMMISSIONER AND ANR.

1996 INSC 1275Dismissed

The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease …

UNION OF INDIA AND ORS.versusMAJOR R.N. MATHUR

1996 INSC 1276Appeal(s) allowed

Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the …

UNION OF INDIAversusK.R. THAMPI

1996 INSC 1277Appeal(s) allowed

The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an …

UNION OF INDIA AND ORS.versusSITARAM SHIVHANDRAI GARODIA AND ANR.

1996 INSC 1278Disposed off

The Union of India sought to acquire 130 acres 19 guntas of land in Survey No. 249 for a railway project under the Land Acquisition Act, 1894. The railway later withdrew its proposal, and the respondents challenged the acquisition, arguing that the earlier High Court had set aside eviction …

SOWRASHTRA VIPRA SABHAversusTHE NAMAKKAL MUNICIPALITY AND ANR.

1996 INSC 1279Dismissed

The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of …

M/S CHEEMA ENGINEERING SERVICESversusRAJAN SINGH

1996 INSC 1267Appeal(s) allowed

Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under …

GOVERNMENT OF A.P. AND ANR.versusG. LAKSHMAN REDDY AND ANR.

1996 INSC 1268Dismissed

A compound wall erected at police quarters in Nizamabad obstructed a public way, leading to an ex‑parte decree for its demolition. A warrant for demolition was issued and court officers proceeded to the site, but Circle Inspector Narasimha Raju, Sub‑Inspector Laxminarayana and other police personnel …

ABDUL MAJEED SAHIB AND ANR.versusTHE DISTRICT COLLECTOR AND ORS.

1996 INSC 1269Dismissed

The State issued a notification (Section 4) on 16 Oct 1987 and a declaration (Section 6) in June 1988 to acquire land for a telephone exchange. Because the Land Acquisition Officer failed to make a compensation award within the two‑year period prescribed by the newly inserted Section 11‑A (Amendment …

SH. VIJAY SINGH, SECRETARY HOME AND ANR.versusMITTANLAL HINDOLIYA

1996 INSC 1270Appeal(s) allowed

The respondent, a Sub‑Inspector, applied to the Madhya Pradesh Administrative Tribunal for correction of his date of birth from 5 August 1934 to 16 July 1938. The Tribunal directed the employer to consider his representation, which was subsequently considered and rejected. The respondent then …

STATE OF HARYANA AND ORS.versusSHRI SURAJ BHAN

1996 INSC 1256Appeal(s) allowed

Shri Suraj Bhan, a driver employed since 1970, was declared medically unfit to drive heavy vehicles in 1992 and retired in 1995. He sought a compassionate appointment for his son, and the Punjab and Haryana High Court ordered the appellant corporation to appoint the son on compassionate grounds. On …

MITHILESH KUMARversusMANOHAR LAL

1996 INSC 1257Appeal(s) allowed

Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily …

C.P. AGRAWAL ETC. ETC.versusP.O. LABOUR COURT AND ANR.

1996 INSC 1242Dismissed

The appellants, employees of the Steel Authority of India, claimed they were illegally denied promotion to the post of E‑1 despite their juniors being promoted, alleging a violation of Article 16 of the Constitution and that the promotion rules altered their conditions of service under Section 33‑A …

KISHORE CHANDRA PANIGRAHIversusSTATE OF ORISSA AND ORS.

1996 INSC 1243Dismissed

The appellant, a Class IV peon appointed in 1976, was temporarily promoted to the Class III post of Junior Clerk in 1982 and later reverted to his original post in 1986. He challenged the reversion before the Orissa Administrative Tribunal, which held that the promotion was contrary to the 1963 …

KARTAR KAUR AND ANR.versusMILKHO AND ORS.

1996 INSC 1244Appeal(s) allowed

The appellants, the widow and daughter of the deceased Atma Singh, challenged a registered will that left all of his property to his sister (the first respondent) and subsequent sale deeds that transferred land to the sister's son. The trial court found numerous suspicious circumstances—such as …

NAHAR SINGHversusHARNAK SINGH AND ORS.

1996 INSC 1245Dismissed

The appellant entered into an agreement of sale for immovable land that was described only in vague terms, lacking exact area, boundaries, and khasra numbers. The trial court granted specific performance without examining the identifiability of the property. On appeal, the lower appellate court held …

M/S. C.S. COMPANY AND ORS.versusKERALA STATE ELECTRICITY BOARD

1996 INSC 1246Dismissed

The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed …

M/S. MOTORS AND INVESTMENTS LTD.versusTHE NEW BANK OF INDIA AND ORS.

1996 INSC 1248Disposed off

Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered …

S. VASUNDARAversusCANARA BANK AND ORS.

1996 INSC 1235Dismissed

The petitioner, a manager of Canara Bank, was convicted by a criminal court for offences under Sections 420, 477A of the IPC and Sections 5(2) read with 5(1)(d) of the Prevention of Corruption Act, and sentenced to one year imprisonment with fines. The High Court later suspended the sentence pending …

KUNWAR ARUN KUMARversusU.P. HILL ELECTRONICS CORPORATION LTD. AND ORS.

1996 INSC 1236Dismissed

The petitioner was appointed on probation on 15 January 1990 with a clause allowing termination without assigning any reason during the probation period. He was terminated on 16 January 1991 on the ground that his work performance was unsatisfactory and he was regularly absent. The petitioner …

SH. RAMESH KUMARversusUNION OF INDIA AND ORS.

1996 INSC 1237Dismissed

Sh. Ramesh Kumar, a casual labourer (chowkidar) engaged in 1986 and granted temporary status in 1987, challenged his non‑absorption after the winding up of the Central Organisation for Operations and Information System (COOIS). The appellant alleged that his seniority over a junior employee, Rohtas …

THE DIRECTOR, MINISTRY OF COAL AND ORS.versusBIMLENDU KUMAR

1996 INSC 1238Appeal(s) allowed

Bimlendu Kumar was appointed on probation to a temporary post under the Coal Mines Provident Fund (Employees Recruitment) Rules, 1982. His appointment was terminated on May 14, 1989, and he claimed the termination was illegal because his probation had not been extended beyond three years, arguing …

THE REGIONAL PROVIDENT FUND COMMISSIONERversusS.D. COLLEGE, HOSHIARPUR AND ORS.

1996 INSC 1239Appeal(s) allowed

The Supreme Court considered an appeal by the Regional Provident Fund Commissioner against S.D. College, Hoshiarpur and other educational institutions for failing to deposit statutory EPF contributions after a 1988 Supreme Court order directing compliance. Despite the order, the respondents …

NINGE GOWDAversusLINGE GOWDA AND ORS.

1996 INSC 1240Appeal(s) allowed

Ninge Gowda filed a suit for declaration of title and injunction, claiming that the land in dispute was ancestral property that had been partitioned among his father and his father's brothers before 1936, and subsequently partitioned again in 1936 between Ninge Gowda and his brothers, with a …

THE STATE OF PUNJABversusNATIONAL ORGANIC CHEMICAL INDUSTRIES LTD.

1996 INSC 1229Dismissed

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 …

K.M. SRINIVASANversusK.M. ARUMUGHAM

1996 INSC 1230Appeal(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 …

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

1996 INSC 1231Dismissed

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 …

SURJEET SINGH CHHABRAversusUNION OF INDIA AND ORS.

1996 INSC 1232Dismissed

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. …

STATE OF ORISSA & ORS. ETC.versusSADASIVA MOHANTY

1996 INSC 1233Appeal(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 …

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

1996 INSC 1221Dismissed

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 …

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

1996 INSC 1222Dismissed

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 …

CHANDIGARH ADMINISTRATIONversusSH. SUMESH KUMAR ETC.

1996 INSC 1216Dismissed

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 …

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

1996 INSC 1217Dismissed

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 …

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

1996 INSC 1218Appeal(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 …

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

1996 INSC 1219Appeal(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 …

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

1996 INSC 1211Appeal(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 …

MRS. SEEMA KUMARI SHARMAversusSTATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 1206Appeal(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 …

UNION OF INDIA AND ORSversusBISHAMBER DUTT

1996 INSC 1207Appeal(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, …

M/S ANAMALLAI CLUBversusTHE GOVERNMENT OF TAMIL NADU AND ORS.

1996 INSC 1208Disposed 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 …

S. VALLINAYAGAM AND ORS.versusLUKE STEPHEN AND ANR.

1996 INSC 1209Disposed 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 …

UNION OF INDIA AND ORS.versusHARISH BALKRISHNA MAHAJAN

1996 INSC 1210Appeal(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 …

S.K. SINGHversusCENTRAL BANK OF INDIA AND ORS.

1996 INSC 1201Dismissed

S.K. Singh, a Branch Manager of Central Bank of India, was removed from service after an enquiry found a cash shortfall of Rs. 20,000. He challenged the removal, arguing that the disciplinary authority had not supplied him with a copy of the enquiry report, which he claimed rendered the action …

AHMEDABAD MUNICIPAL CORPORATIONversusNAWAB KHAN GULAB KHAN AND ORS.

1996 INSC 1189Appeal(s) allowed

The Ahmedabad Municipal Corporation sought to remove unauthorised hutments erected by pavement‑dwellers on a main road. The High Court stayed the removal until suitable accommodation was provided and required a hearing. On appeal, the Supreme Court held that pavements are public property intended …

UNION OF INDIAversusKISHAN CHAND AND ORS.

1996 INSC 1195Appeal(s) allowed

The Union of India acquired land and initially awarded compensation of Rs.2,500 per bigha under the Land Acquisition Act, 1894. The Additional District Judge enhanced the compensation to Rs.5,000 per bigha in December 1973. On further appeal, the Delhi High Court raised the compensation to Rs.12,000 …

MANGLA GIRIversusREGIONAL ADMINISTRATIVE COMMITTEE VARANASI AND ANR.

1996 INSC 1197Dismissed

The petitioner, a government employee, was charged with defalcation of several sums of money and shortage of sugar as per special audit reports for the years 1981-82 and 1982-83. He was given an opportunity to make good the loss but failed to deposit the required amount, after which an order of …

UNION OF INDIA AND ANR.versusSH. BALJIT SINGH

1996 INSC 1198Dismissed

Sh. Baltit Singh, who enlisted in the Army in 1975 and was regularised in 1977, suffered a thigh injury in 1979 while in service. He was medically downgraded, later diagnosed with a psychiatric condition, and invalidated out of service in 1981. He filed a petition for disability pension under Rule …

UNION OF INDIAversusSH. PUNNILAL AND ORS.

1996 INSC 1199Appeal(s) allowed

Sh. Punnilal filed a civil suit seeking promotion from shunter to Driver 'C' and obtained a decree in 1984, which was confirmed and led to his promotion in 1986. He then applied under Section 15 of the Payment of Wages Act for back‑wages, and the prescribed authority ordered payment of Rs. 30,220. …

MRS. NALINI NAVIN BHAGWATI AND ORS.versusMR. CHANDRAVADAN M. MEHTA

1996 INSC 1200Appeal(s) allowed

Manvantrai Mehta died leaving property and a will of his wife Kamlaben. The sons, including Chandravadan Mehta, obtained probate of Kamlaben’s will in 1987. The other children, led by Nalini Navin Bhagwati, filed an application under Section 263 of the Indian Succession Act to revoke that probate. …

STATE OF MADHYA PRADESHversusJAORA SUGAR MILLS LTD. AND ORS. ETC.

1996 INSC 1177Appeal(s) allowed

The State of Madhya Pradesh sought recovery of unpaid sugarcane prices and interest from Jaora Sugar Mills Ltd. and other factories under the Essential Commodities Act, 1955, the Sugarcane Control Order, 1966 and the M.P. Sugarcane (Regulation of Supply and Purchase) Act. The growers and factories …

INDER SINGH AND ANR.versusTHE FINANCIAL COMMISSIONER, PUNJAB AND ORS.

1996 INSC 1178Appeal(s) allowed

The appellants, tenants of agricultural land, applied under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 in 1960 but were rejected for not having twelve years' continuous possession. A second application in 1965 was allowed, and the Financial Commissioner confirmed the order. The …

STATE OF PUNJAB AND ANR.versusCHARANJI LAL GOEL

1996 INSC 1172Appeal(s) allowed

Charanji Lal Goel, a Punjab government employee, joined the army in 1963 and was released in 1969. After release he was appointed Taxation Inspector in 1970 and was granted seniority from his army entry date under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965. In 1972 …

STATE OF HIMACHAL PRADESHversusSH. KESHAV RAM AND ORS.

1996 INSC 1162Appeal(s) allowed

The State of Himachal Pradesh appealed against a decree that had declared the respondents, Sh. Kesha v Ram and others, as owners in possession of a disputed land parcel (Khasra No. 153/1). The respondents had relied on an alleged order of the Assistant Settlement Officer directing a correction in …

STATE BANK OF INDIA AND ORS.versusMANGANESE ORE (INDIA) LTD. AND ANR.

1996 INSC 1167Appeal(s) allowed

The plaintiff, Manganese Ore (India) Ltd., sued State Bank of India (SBI) and an exporter for payment under letters of credit (LC) issued by SBI. The trial court held SBI not liable because the ore supplied did not meet the quality specifications stipulated in the LC, but the High Court reversed …

CHIEF COMMISSIONER, UNION TERRITORY, CHANDIGARHversusJANGI LAL JAIN AND ANR. ETC.

1996 INSC 1168Dismissed

The case arose from a Punjab & Haryana High Court decision that the delegation of power to levy property tax to the Chief Administrator of the Union Territory of Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 (as amended) exceeded legislative competence and violated …

DR. ABDUL HAMEED FAZLI AND ANR .versusADAM MALIK KHAN AND ORS.

1996 INSC 1169Dismissed

The petition challenged the appointment of a temporary lecturer at Aligarh Muslim University, alleging that the University's practice of preparing a reserve select list and filling vacancies from it without fresh advertisement violated Section 29(2)(a) of the Aligarh Muslim University Act, 1920. The …

LOKNARAYAN PANDE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1150Dismissed

The petitioners, Head Constables in the Maharashtra Subordinate Police Service, sought regularisation for promotion to Sub‑Inspector based on a High Court order that required them to file their willingness within two months. They failed to do so, later filed a special leave petition, and claimed …

SRI HANUMANTHAPPAversusSRI MUNINARAYANAPPA

1996 INSC 1151Appeal(s) allowed

The appellant, Sri Hanumanthappa, filed a partition suit in 1966 and obtained a compromise decree in 1990 granting him a share of 39 guntas of land, for which he was put in possession by the Tehsildar in 1993. The respondent, Sri Muninarayanappa, had purchased the same land from a co‑sharer in 1986, …

JOGINDER TULIversusS.L. BHATIA AND ANR.

1996 INSC 1152Dismissed

The appellant, Joginder Tuli, occupied a premises under a lease dated 21 December 1990 at a rent of Rs.6,000 per month. The respondent, S.L. Bhatia, terminated the tenancy on 15 March 1993 and instituted suit No.133/1993 for possession, valuing the suit at Rs.72,000. The respondent later amended the …

DR. SHIVDEV SINGH GREWAL THROUGH DR. AMRIK SINGH SANDHUversusHARGURBACHAN SINGH GREWAL

1996 INSC 1153Appeal(s) allowed

The appellant, residing in Malaysia, was served summons for a suit seeking declaration of title and possession of property. The suit was decreed ex‑parte on 22 July 1986. Upon learning of the decree on 13 November 1986, the appellant filed an application under Order IX, Rule 13 of the Code of Civil …

UNION OF INDIAversusSHRI UJAGAR LAL

1996 INSC 1154Appeal(s) allowed

The case concerned Shri Ujagar Lal, a retired railway employee who remained in unauthorized possession of railway accommodation for over two years, resulting in the Railway Board’s circular directing that his death‑cum‑retirement gratuity not be paid until he surrendered the quarters. The Central …

OM PRAKASH GARGIversusSTATE OF PUNJAB AND ORS.

1996 INSC 1155Dismissed

The petitioner, a government servant, sought reimbursement of medical expenses incurred for heart disease treatment in a private hospital. Although the amount was eventually disbursed on August 28, 1991, there was a delay, and the petitioner claimed interest at 12% on the delayed payment. The Punjab …

DR. KISHOREversusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 1156Dismissed

Dr. Kishore was appointed on an ad hoc basis as Medical Officer (Class III) in Maharashtra on 28 February 1990, with successive extensions. Fearing termination, he filed a writ petition, which was transferred to the Maharashtra Administrative Tribunal. The Tribunal allowed him to continue only until …

STATE OF U.P. AND ANR.versusVED PAL SINGH AND ANR.

1996 INSC 1157Appeal(s) allowed

The respondent, a temporary government employee, was removed from service after being convicted under Section 409 of the Indian Penal Code. He was later acquitted, and sought reinstatement with back wages. The Allahabad High Court directed payment of back wages, but the Supreme Court limited its …

THE STATE OF BIHAR AND ANR.versusNILMANI SAHU AND ANR.

1996 INSC 1158Appeal(s) allowed

The State of Bihar acquired 43.14 acres of land with trees under the Land Acquisition Act, 1894, and the Land Acquisition Officer valued the trees at Rs 2,466, a valuation upheld by the reference court and embodied in a decree dated 27 March 1980. The State paid compensation and the respondents …

TAMIL NADU HOUSING BOARD AND ANR.versusP. PARTHASARATHI

1996 INSC 1144Appeal(s) allowed

The respondent applied for allotment of a plot from the Tamil Nadu Housing Board in 1987, paid the required amount, but the plot was later converted into a public road and thus unavailable. After years of inactivity, the Board offered another plot on the condition that the respondent certify he …

THE DEPUTY INSPECTOR GENERAL OF POLICEversusK.S. SWAMINATHAN

1996 INSC 1145Appeal(s) allowed

The respondent, then an Inspector of Police, was named in a charge memo alleging misconduct after a raid uncovered material linking him to illegal payments. He challenged the memo before the Tamil Nadu Administrative Tribunal, which set it aside on the ground that the charges were vague. The Supreme …

DELHI ADMINISTRATION THROUGH ITS CHIEF SECRETARY AND ORS.versusSUSHIL KUMAR

1996 INSC 1146Appeal(s) allowed

The respondent, Sushil Kumar, applied for recruitment as a constable in the Delhi Police in 1989‑90 and was provisionally selected pending verification of his character and antecedents. The verification revealed antecedent records that the appointing authority deemed unsuitable, and his provisional …

UNION OF INDIA AND ORS.versusPRAVEEN GUPTA AND ORS.

1996 INSC 1147Appeal(s) allowed

The Union of India sought to acquire two bighas of land in Siraspur and Libaspur for shifting the timber market under the Delhi Master Plan 2001. The acquisition was effected by a notification under Section 4(1) of the Land Acquisition Act, 1894, with the enquiry under Section 5A dispensed with by …

JANAKI S. MENON AND ORS.versusDR. V.R.S. KRISHANAN AND ORS.

1996 INSC 1148Dismissed

The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser …

VIJAY SINGH DEORA ETC. ETC.versusSTATE OF RAJASTHAN AND ANR. ETC. ETC.

1996 INSC 1140Disposed off

The Supreme Court examined the method for fixing inter se seniority among three categories of officers (Group A, B and C) in the Rajasthan Engineering Subordinate Service (Irrigation Branch) for promotion to Assistant Engineer. Group A officers were temporarily appointed before 30 June 1978, while …

PUNJAB WAKF BOARDversusSHAKUR MASIH

1996 INSC 1134Dismissed

Najaf Khan executed a will bequeathing all his property to his son's mother‑in‑law, Musamat Kariman, and added a note stating that after her death the property would become a wakf for the maintenance of a mosque. The Punjab Wakf Board sued to have the property declared a wakf, but the lower courts …

BRIJ KISHORE SHARMA AND ANR.versusM/S RAM SINGH AND SONS AND ORS.

1996 INSC 1135Dismissed

The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been …

SMT. GOMTIBAI (DEAD) THROUGH LRS. AND ORS.versusMATTULAL (DEAD) THROUGH LRS.

1996 INSC 1136Dismissed

The dispute concerned a partition suit filed by Mattulal against his brother Govinddas, wherein Govinddas claimed that the land had been gifted to their cousin sister Kasturibai. The lower courts held that the alleged gift was not valid because no registered deed, signed by the donor and attested by …

P. RAVINDRAN AND ORS.versusUNION TERRITORY OF PONDICHERRY AND ORS.

1996 INSC 1137Dismissed

The petitioners were appointed as ad‑hoc lecturers in the Union Territory of Pondicherry and later appeared for regular recruitment through the Public Service Commission but were not selected. They filed petitions before the Central Administrative Tribunal seeking regularisation of their services. …

LAXMANRAO BAPURAO JADHAV AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS .

1996 INSC 1138Appeal(s) allowed

The State of Maharashtra issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for housing weaker sections, followed by a declaration under Section 6 after an enquiry. Respondent No.3 challenged the acquisition, arguing that Section 3-A of the Bombay (Amendment) …

STATE OF U.P.versusAMAR SINGH ETC

1996 INSC 1139Appeal(s) allowed

The Supreme Court examined whether lands alienated by Kishun Singh to his sons and daughters‑in‑law on 10 September 1970, prior to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act amendment, should be treated as owned by the sons or as ostensible holdings of the tenure‑holder. The Court …

PRAKASH K. AND ANR.versusTHE STATE OF KARNATAKA AND ORS.

1996 INSC 1125Dismissed

The Karnataka Service Commission recruited teachers before 17 November 1993, appointing candidates in excess of the 50% reservation for backward classes and weaker sections. The appointments were challenged on 15 June 1995, more than a year after the selections were made. The Karnataka …

AVINASH NAGRAversusNAVODAYA VIDYALAYA SAMITI ETC.

1996 INSC 1126Dismissed

Avinash Nagra, a temporary postgraduate teacher at Navodaya Vidyalaya, was terminated on the ground of immoral sexual behaviour towards a girl student. The termination was effected under the Navodaya Vidyalaya notification of 23 December 1993, which permits dispensing with a regular disciplinary …

SUB-DIVISIONAL INSPECTOR (POSTAL) AND ORS.versusK.K. PAVITHERAN

1996 INSC 1128Appeal(s) allowed

The respondent, an extra‑departmental postal agent, was charged under Rule 8 of the Post and Telegraph Extra Departmental Agents (Conduct and Services) Rules, 1964 for temporary absence from duty and was removed from service after departmental enquiry. The Central Administrative Tribunal, after …

YESHODA AND ANR.versusK. NAGARAJAN

1996 INSC 1106Dismissed

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 …

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

1996 INSC 1107Dismissed

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, …

BIHAR STATE ELECTRICITY BOARDversusHOTEL SATKAR PVT. LTD. AND OTHERS

1996 INSC 1104

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 …

HAFIZ WASHI AHMEDversusKUTUBUDDIN AND ORS.

1996 INSC 1099Appeal(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 …

STATE OF MADHYA PRADESHversusSWAROPCHANDRA

1996 INSC 1100Dismissed

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, …

JAGANNATH KASHINATH PATILversusNARAYAN BALUGAIKAR

1996 INSC 1101Dismissed

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 …

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

1996 INSC 1102Appeal(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 …

CHATTAR SINGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 1103Disposed 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 …

JASWANT SINGH AND ANR.versusTHE STATE OF PUNJAB

1996 INSC 1094Appeal(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., …

HARJINDER SINGH SODHIversusSTATE OF PUNJAB AND ORS,.

1996 INSC 1095Dismissed

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 …

MADHAVKRISHNA AND ANR.versusCHANDRA BHAGA AND ORS.

1996 INSC 1097Appeal(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 …

GUPTA STEEL INDUSTRIESversusM/S. JOLLY STEEL INDUSTRIES PVT. LTD. AND ANR.

1996 INSC 1098Disposed 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 …

THE CHIEF GENERAL MANAGER, JAGANNATH AREA AND ORS.versusSTATE OF ORISSA AND ORS.

1996 INSC 1084Dismissed

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 …

THE SECRETARY, JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusDAULAT MAL JAIN

1996 INSC 1085Disposed 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, …

P. SIDDALINGAPPAversusTHE STATE OF KARNATAKA AND ORS.

1996 INSC 1087Appeal(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 …

RAMESH KUMAR CHOUDHA AND ORS.versusSTATE OF M.P. AND ORS.

1996 INSC 1088Disposed 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 …

STATE OF U.P. AND ANR.versusT.P. LAL SRIVASTAVA

1996 INSC 1090Appeal(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 …

ALL ORISSA ELECTRICAL WORKERS UNIONversusSTATE OF ORISSA AND ORS.

1996 INSC 1091Dismissed

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 …

C.K. LOKESHversusP.E. PANDURANGA NAIDU

1996 INSC 1092Appeal(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 …

KUMUD LATA DASversusINDU PRASAD

1996 INSC 1076Appeal(s) allowed

The appellant, a daughter-in-law, was in possession of a property when her mother‑in‑law filed a suit for possession. The appellant was set ex parte and sought restoration of the decree. The Delhi High Court ordered that the appellant deposit mesne profits of Rs 2,000 per month from the date of the …

P.A.THOMAS AND ANR.versusM. MOHAMMED TAJUDDIN AND ANR.

1996 INSC 1077Dismissed

The appellant, P.A. Thomas, was let an open land under a lease and later converted his sole proprietorship into a partnership named 'P.A. Thomas and Co.' with his son and another partner. The Supreme Court examined whether, under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922, the …

DR. CHIITARANJAN SHARMA AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 1078Dismissed

The Supreme Court examined the absorption of staff from the H.I.M. Ayurvedic Degree College, which had been taken over by the Himachal Pradesh government. The college employees were to be regularised only if they satisfied qualifications, age, and were appointed before the takeover, as per the …

MEERUT DEVELOPMENT AUTHORITY ETC.versusSATBIR SINGH AND ORS. ETC.

1996 INSC 1079Dismissed

The Meerut Development Authority sought to acquire land for a housing scheme and had issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 11 June 1985 and a declaration under Section 6 on 13 June 1985, i.e., simultaneously. The respondents challenged the validity of the …

DHARAMBIR SINGHversusUNION OF INDIA AND ORS.

1996 INSC 1081Dismissed

Dharmabir Singh applied for a prospecting licence and mining lease for limestone deposits in Haryana, claiming a preferential right under Section 11 of the Mines and Minerals (Regulation & Development) Act, 1957. The State Government notified the area under Rule 59 of the Mineral Concession Rules, …

JAIPUR DEVELOPMENT AUTHORITYversusMAHAVIR HOUSING CO-OP., SOCIETY, JAIPUR ETC.

1996 INSC 1069Appeal(s) allowed

The Jaipur Development Authority acquired land for an urban development scheme under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer initially awarded compensation of Rs 5,000 per bigha to Jai Ambe Co‑op Housing Society and Rs 7,500 per bigha to Mahavir Co‑op Housing Society. …

UNION OF INDIA AND ANR.versusMADHAV S/0. GAJANAN CHAUBAL AND ANR.

1996 INSC 1070Appeal(s) allowed

The Government created a single post of Secretary in the National Savings Scheme Service and applied a 40‑point roster and rule of rotation to reserve vacancies for Scheduled Tribes. When a vacancy at point No. 4 arose, a Scheduled Tribe candidate was to be promoted from the Superintendents, but the …

M/S. KALYANJI VITHALDAS AND SONSversusTHE STATE OF M.P. AND ORS.

1996 INSC 1064Dismissed

The appellant firm had a three‑year agreement with the Government of Madhya Pradesh for the purchase of tendu leaves, which was renewable annually. The appellant offered renewal on 7 December 1968; the Government accepted the offer on 31 January 1969, but the acceptance was communicated to the …

JAYKUMAR GANPATI WAIKARversusNIVRITTI SAKHARAM TITWE AND ORS.

1996 INSC 1065Dismissed

The appellant, a minor who succeeded his adoptive mother (a widow) as landlord, was involved in eviction proceedings under Section 31(3) of the Bombay Tenancy and Agricultural Lands Act, 1948. The mother died during the suit, which was later dismissed, and the appellant attained majority on 19 March …

D.K. CHHANGANI AND ORS.versusNITYA RANJAN MUKHERJEE AND ORS.

1996 INSC 1066Disposed off

The appeal arose from a Calcutta High Court order concerning the recognition of a rival union of Geological Survey of India employees. The dispute centered on whether the High Court had jurisdiction to review an Industrial Tribunal's decision in Maharashtra regarding the membership and recognition …

GHEEVARGHESE MATHEW ETC.versusSTATE OF KERALA AND ANR. ETC.

1996 INSC 1067Dismissed

The petitioners challenged the compensation awarded for land acquired by the Greater Cochin Development Authority under the Kerala Land Acquisition Act, 1950 (equivalent to the Land Acquisition Act, 1894). The acquisition officer initially fixed compensation at Rs 280 per cent, the civil court …

M/S. ESTER INDUSTRIES LTD.versusU.P. STATE ELECTRICITY BOARD AND ORS.

1996 INSC 1068Dismissed

The Government of Uttar Pradesh issued a policy on 16 July 1986 granting a 10% developmental rebate on electricity to newly set‑up industries, valid until 1990. Ester Industries Ltd., having established a plant, claimed the rebate, but the Uttar Pradesh State Electricity Board issued a tariff …

DELHI DEVELOPMENT AUTHORITYversusKANWAR KUMAR MEHTA AND ORS. ETC.

1996 INSC 1058Appeal(s) allowed

The Delhi Development Authority (DDA) allotted 5,000 plots in Rohini, Delhi, but a stay ordered by the High Court on land acquisition delayed issuance of allotment letters. After the stay was vacated, the DDA recalculated plot costs using a cost‑of‑living index escalation of 16.62% per annum, …

SANKALCHAN JAYCHANDBHAI PATEL AND ORS.versusVITHALBHAI JAYCHANDBHAI PATEL AND ORS.

1996 INSC 1054Dismissed

The appellants and respondent were co‑owners of a property that had been partitioned and subsequently mutated in revenue records. The respondent filed an appeal under Section 11 of the Bombay Revenue Jurisdiction Act, which was dismissed, after which the appellants instituted a civil suit for …

JUDHISTIR MOHANTYversusSTATE OF ORISSA AND ORS.

1996 INSC 1055Dismissed

The appellant, a Superintendent of Jail in leave reserve (Class II), petitioned the Chief Minister for a transfer to Behrampur so he could settle before retirement. The government honored his request and transferred him to a Superintendent of Circle Jail (Class I) post, where he served from April to …

GAJRAJ SINGH ETCversusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS. ETC.

1996 INSC 1043Disposed off

The appellant, Gajraj Singh, held a stage‑carriage permit originally granted under the Motor Vehicles Act, 1939, which was later renewed under the Motor Vehicles Act, 1988. After the 1988 Act came into force, the State Transport Authority granted overlapping permits to other operators, and the …

BIKRAM SINGH AND ORS.versusTHE LAND ACQUISITION COLLECTOR AND ORS.

1996 INSC 1044Dismissed

The appellants, owners of land acquired compulsorily, received a notice demanding income‑tax on interest accrued due to delayed payment of compensation under the Land Acquisition Act, 1894. They challenged the notice through writ petitions, which the Punjab & Haryana High Court dismissed, holding …

STATE OF RAJASTHAN AND ORS.versusD.R. LAXMI AND ORS.

1996 INSC 1045Appeal(s) allowed

The State of Rajasthan acquired 31.28 acres of land for defence purposes, publishing a Section 4(1) notification in the Gazette on 23 March 1977 and taking possession on 19 May 1977. The High Court quashed the notification and the Section 6 declaration, holding that the notice failed to specify …

BASANT KUMAR ETC.versusUNION OF INDIA ETC.

1996 INSC 1046Appeal(s) allowed

The Supreme Court considered a dispute arising from a 1961 notification under Section 4(1) of the Land Acquisition Act, 1894, which acquired 1669 bighas of land in Posangipur. The original compensation was Rs 1400/1200 per bigha, later enhanced by the Additional District Judge to Rs 3050 per bigha. …

DEPUTY COLLECTOR, MINICOY AND ORS.versusNAVADIGOTHI MOHAMMED AND ORS.

1996 INSC 1038Appeal(s) allowed

The case concerned the South Pandaram lands of Lakshadweep, where villagers, through their Mooppans (trustees), historically enjoyed a collective right to collect coconuts but held no ownership over the land or trees. The administration, invoking the Laccadive, Minicoy and Amindivi Islands Revenue …

J.S. PARIHARversusGANPAT DUGGAR AND ORS.

1996 INSC 1030Dismissed

The Rajasthan High Court had earlier quashed a seniority list of engineers prepared with retrospective effect and directed a fresh list. Contempt proceedings were initiated under Section 12 of the Contempt of Courts Act, 1971, and a single judge, while considering the merits, held that the …

SH. S.K. VAISHversusUNION OF INDIA AND ORS.

1996 INSC 1031Dismissed

The petitioner, S.K. Vaish, an Assistant Engineer, was suspended and subjected to disciplinary proceedings that culminated in compulsory retirement in 1986. On appeal, the department directed that the punishment be treated partly as suspension and partly as in‑service, leading to his reinstatement …

PRAMOD LAHUDAS MESHRAMversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1032Dismissed

The petitioner, a qualified candidate from a Scheduled Caste, applied for the post of Overseer/Junior Engineer (Civil) advertised by the State of Maharashtra and was appointed on probation based on a recommendation letter from the Member Secretary of the Regional Subordinate Service Selection Board. …

BABU SINGH BAINS ETC.versusUNION OF INDIA AND ORS. ETC.

1996 INSC 1033Dismissed

The petitioner, Babu Singh Bains, owned a free‑hold plot in Chandigarh and constructed a double‑storeyed building that he used partly as a guest house, violating the city’s land‑use regulations. The Estate Officer, invoking Section 8A of the Capital of Punjab (Development & Regulation) Act, 1952, …

DILIP KUMAR TRIPATHY AND ORS. ETC.versusSTATE OF ORISSA AND ORS.

1996 INSC 1026Appeal(s) allowed

The State of Orissa advertised for Sepoy recruitment and prepared a first list of 225 candidates, appointing all except six reserved‑category candidates. To fill remaining vacancies, a second list of about 200 candidates, drawn from earlier test‑takers, was prepared, but only 16 were provisionally …

SHATRUGHNA PRASAD SINHAversusRAJBHAU SURAJMAL RATHI AND ORS.

1996 INSC 1020Case Partly allowed

The appellant, Shatrughna Prasad Sinha, was charged after an interview published in Stardust magazine allegedly outraged the religious feelings of the Marwari community and defamed them as a class. Complaints were filed in the magistrate courts of Pune and Nasik. The High Court held that the Pune …

NANDATAIversusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 1021Dismissed

The petition arose from a land acquisition proceeding where a notification under Section 4(1) of the Land Acquisition Act, 1894 was published and notice under Rule 1 was served on the father‑in‑law, who was the recorded owner of the land at the time. The petitioner, who had obtained the land through …

NARAMADABEN MAGANLAL THAKKERversusPRANJIVANDAS MANGANLAL THAKKER AND ORS

1996 INSC 1023Appeal(s) allowed

Motilal Gopalji owned a property and executed a gift deed on 15 May 1965 in favour of the first respondent, reserving his right to retain possession and collect rents during his lifetime. Within a month he executed a cancellation deed on 9 June 1965, stating that the conditional gift had not been …

UNION OF INDIAversusMOHAN SINGH AND ORS.

1996 INSC 1016Appeal(s) allowed

The first respondent claimed freedom‑fighter status and applied for a pension under the Freedom Fighters' Pension Scheme, relying primarily on a certificate from an MLA and a co‑prisoner as proof of six months' imprisonment. The Government examined the documents and concluded that they were …

SREEDAM CHANDRA GHOSHversusTHE STATE OF ASSAM AND ORS.

1996 INSC 1017Dismissed

S.C. Ghosh, an Assistant Graduate Teacher, was appointed to officiate as Headmaster of Kahilipara High School after the retirement of the regular headmaster. When a regular headmaster, Mukul Chandra Roy, was transferred to that post, Ghosh challenged the transfer, claiming he had been promoted to a …

M/S. VICTORIAN GRANITES (P) LTD.versusP. RAMA RAO AND ORS.

1996 INSC 1018Appeal(s) allowed

The appellant, M/s Victorian Granites (P) Ltd, challenged the Government’s order setting aside the assignment of mining leasehold rights by the original lessee, P. Rama Rao, to Magam Inc. The lease, granted under the Andhra Pradesh Mines & Mineral Concession Rules, 1966, was transferred exactly two …

N. RAJARATHINAMversusSTATE OF TAMIL NADU AND ANR.

1996 INSC 1003Dismissed

The petitioner, N. Rajarathinam, an Assistant Commissioner of Commercial Tax, was charged with demanding and accepting illegal gratification from a taxpayer (PW‑1). He was suspended and an enquiry was conducted by the Tamil Nadu Administrative Tribunal, which, after finding that the pre‑ponderance …

HANUMAN PRASADversusUNION OF INDIA AND ANR.

1996 INSC 1005Dismissed

The case concerned the cancellation of a select list of 106 candidates for Ticket Collector posts after a CBI preliminary report indicated that examination papers had been leaked and mass copying occurred. The candidates challenged the cancellation, contending that the Divisional Manager lacked …