Created by Fuzzy Cloud

K RAMASWAMY

1805 judgments · newest first · showing 801–1000

HAL EMPLOYEES UNIONversusTHE PRESIDING OFFICER AND ANR.

1996 INSC 607

The HAL Employees Union appealed against a lock-out imposed by the employer from 4/5 June 1978 to 18 June 1978, during which wages were deducted. The Industrial Tribunal had held the lock-out to be both legal and justified, and therefore no wage claim arose. The appellant argued that the strike …

SH. N.K. SHARMAversusTHE PRESIDING OFFICER LABOUR COURT, SHIMLA AND ORS.

1996 INSC 608Dismissed

The appellant, initially appointed as a Store Munshi in a work‑charged establishment, was later regularised and promoted to Store Keeper in the regular cadre. A rationalisation scheme dated 5 September 1988 was introduced to align pay scales and promotional avenues of work‑charged employees with …

STATE OF HARYANAversusSMT. KAMLA AND ORS.

1996 INSC 588Appeal(s) allowed

The State of Haryana issued a notification under the Land Acquisition Act, 1894 and the Collector awarded compensation for acquired land. The respondents applied under Section 18 and a District Judge awarded compensation, after which the State executed the decree. The executing District Judge later …

THE MANAGING DIRECTOR 0.I.I.D.C., BHUBANESWARversusSARAT CHANDRA PATNAIK AND ANR.

1996 INSC 589Appeal(s) allowed

The Orissa Industrial Infrastructure Development Corporation (OIDC) offered a plot to Sarat Chandra Patnaik on a 90‑year lease; the respondent later sought a reduction in the lease consideration. The Orissa High Court directed that the matter be placed before the State Government for a final …

HIS HOLINESS ACHARYA SWAMI GANESH DASSJIversusSH. SITA RAM THAPAR

1996 INSC 590Dismissed

Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the …

C.V. RAJA RAO AND ANR.versusMIRZA BASHEER BAIG AND ORS

1996 INSC 591Dismissed

The petitioners claimed ownership of 4,922 square yards of land (Survey No. 202) in Lallaguda, Secunderabad and obtained injunction orders under sections 145 and 146 of the Code of Criminal Procedure. They alleged that the police were not providing assistance despite the injunctions. The Andhra …

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

1996 INSC 581Appeal(s) allowed

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

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

1996 INSC 582Appeal(s) allowed

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

J. ASHOH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 573Dismissed

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 …

PRABHUDEV MALLIKARJUNAIAHversusRAMACHANDRA VEERAPPA AND ANR.

1996 INSC 570Dismissed

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 …

SH. BHOGENDRA JHAversusSH. MANOJ KUMAR JHA

1996 INSC 571Appeal(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 …

SH. HARCHARAN SINGH JOSHversusSH. HARI KISHAN

1996 INSC 572Dismissed

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 …

UNION OF INDIAversusBANT RAM (DEAD) BY LRS. ETC.

1996 INSC 562Appeal(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 …

KM. PREETA SINGH ETCversusHARYANA URBAN DEVELOPMENT AUTHORITY AND ORS.

1996 INSC 563Dismissed

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 …

SMT. SARADA AND ORS.versusMANIKKOTH KOMBRA RAJENDRAN

1996 INSC 564Appeal(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 …

STATE OF HARYANA AND ORS.versusBALWANT SINGH AND ORS.

1996 INSC 566Appeal(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 …

STATE OF BIHAR AND ORS.versusMAHANTH BALRAM DAS

1996 INSC 567Appeal(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 …

MANGAT RAM ETC.versusSTATE OF HARYANA AND ORS.

1996 INSC 568Disposed 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 …

STATE OF JAMMU AND KASHMIRversusSH. BAL RAJ SHARMA AND ORS.

1996 INSC 551Appeal(s) allowed

Melo Devi, a teacher, retired and filed a writ petition for her dues; she died before the petition was decided. Her son, Bal Raj Sharma, was substituted as legal representative and produced a will bequeathing future pension benefits to his son, the grandson of Melo Devi. The question before the …

M/S. KRISHNA MOTOR SERVICE BY ITS PARTNERSversusH.B. VITTALA KAMATH

1996 INSC 555Appeal(s) allowed

The Supreme Court considered a dispute arising from the dissolution of an unregistered partnership, Krishna Motor Service, where the respondent, a partner without capital contribution, sought arbitration under Section 20 of the Arbitration Act, 1940. The partnership was not registered as required by …

STATE OF PUNJABversusBALDEV SINGH KHOSLA

1996 INSC 556Disposed off

Baldev Singh Khosla was promoted to Assistant Registrar of Cooperative Societies in 1990 and placed on a two‑year probation under Rule 10 of the Punjab State Co‑operative Service (Class II) Rules, 1958, which allows extensions up to a total of three years. Although his initial probation ended on 25 …

JAI RAM SHARMAversusJAMMU DEVELOPMENT AUTHORITY

1996 INSC 557Appeal(s) allowed

Jai Ram Sharma, a regular Office Superintendent in the Jammu Development Authority, claimed that he was entitled to be considered for promotion to Public Relations Officer before a deputationist senior stenographer, P.N. Jalla, was promoted. The vacancy arose while Jalla was on deputation, and the …

R.S. RAWATversusUNION OF INDIA AND ANR.

1996 INSC 558Disposed off

The appellant, a Havildar of the Indo‑Tibetan Border Police, was deputed to the Intelligence Bureau and on 26 February 1982 was absorbed as a Junior Intelligence Officer (JIO) Grade II. He claimed that his substantive rank in the parent department, JIO Grade I, entitled him to be absorbed as JIO …

STATE OF MADHYA PRADESH AND ANR.versusSHAKRI KHAN

1996 INSC 559Disposed off

The respondent, a Lower Division Clerk appointed before 1973, claimed two advance increments after passing the Hindi type‑writing test in December 1979, relying on various government instructions. The State had introduced a scheme granting such increments only to clerks who passed the test before a …

THE STATE OF PUNJABversusDES RAJ

1996 INSC 546Appeal(s) allowed

The State of Punjab appealed a compensation award granted to Des Raj for land acquired under the Land Acquisition Act, 1894. The original award of Rs. 4,500 per acre was enhanced by the Additional District Judge in 1982 to Rs. 25,000 per acre, and further enhanced by a Single Judge in 1988 to Rs. …

DHANNA RAMversusUNION OF INDIA AND ORS.

1996 INSC 547Dismissed

The appellant, a Scheduled Caste candidate, was selected for the post of Goods Clerk/Coaching Clerk under the reserved quota with relaxed standards, but the initial communication erroneously stated he was selected on general standards. The error was later corrected, placing him in the reserved‑quota …

STATE OF M.P. AND ORS.versusSADASHIV ZAMINDAR

1996 INSC 548Appeal(s) allowed

The respondent, an Upper Division Teacher, claimed the status and salary of a Lecturer based on a 1962 recognition, but was denied higher pay on the "no work, no pay" principle. After retiring in 1983, he filed a writ petition for arrears from 1962 to the notional promotion date, which was …

ORISSA STATE FINANCIAL CORPORATION AND ANR.versusM/S. HOTEL JOGENDRA

1996 INSC 549Appeal(s) allowed

The Orissa State Financial Corporation (OSFC) had advanced a loan of Rs. 14.68 lakh to M/s Hotel Jogendra for hotel construction, with a scheduled repayment over 18 years. The hotel defaulted, leading to a re‑phasing order under the State Financial Corporations Act, 1951, which the hotel failed to …

M.P. ELECTRICITY BOARD, JABALPUR AND ORS.versusHARSH WOOD PRODUCTS AND ANR.

1996 INSC 550Appeal(s) allowed

The Madhya Pradesh Electricity Board inspected the meters of Harsh Wood Products and found tampered seals indicating theft of electricity. The Board issued a notice demanding payment of Rs 6,51,256.61 and threatened disconnection of supply. The High Court set aside the demand, holding that the …

STATE OF HARYANAversusCHANDVIR AND ORS.

1996 INSC 541Dismissed

The case arose from a violent altercation on 21 September 1984 in which the deceased Rajpal was attacked and later died from injuries. The prosecution charged Chandvir and Rohtash (A1 and A2) with murder under Section 302 read with Section 32 of the IPC and also under Section 149 for rioting. The …

SH. RAGHUBIR SINGH AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 542Dismissed

The third respondent, a tenure‑holder of agricultural land in Uttar Pradesh, transferred 64 bighas each to the appellants in 1974. The prescribed authority declared those transfers void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, and ordered the surplus land to …

ABHIRAM SINGHversusC.D. COMMACHEN AND ORS.

1996 INSC 529

The appeal arose from a Bombay High Court election petition that declared the election of a BJP candidate, Abhiram Singh, void on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951. The High Court had issued a show‑cause notice under …

SRI SAMIR SOBHAN SANYALversusTRACKS TRADE PRIVATE LTD. AND ORS.

1996 INSC 534Appeal(s) allowed

The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any …

IMPROVEMENT TRUST, MOGA ETC.versusMANCHANDA SOAP WORKS AND ORS.

1996 INSC 535Appeal(s) allowed

The Improvement Trust, Moga initiated a truck diversion scheme under Section 36 of the Punjab Town Improvement Act, 1922, acquiring 15.5 acres for a new market. Notices of the scheme and objections were published in newspapers and the Gazette as required by the Act, and the scheme was approved under …

UNION OF INDIA AND ORS.versusNANDLAL RAIGAR

1996 INSC 536Appeal(s) allowed

Nandlal Raigar, an accountant in the Rajasthan Telephones Department, was dismissed on May 9, 1973 for alleged fabrication of records. After exhausting departmental appeals, he filed a suit in 1980 seeking a declaration that his dismissal was illegal. The trial court dismissed the suit on limitation …

KANTA PRASAD D. PATELversusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.

1996 INSC 522Dismissed

Kanta Prasad D. Patel purchased a site in 1965 and erected sheds, claiming the structures existed before April 1, 1962 based on a lease from the previous owner. The Municipal Corporation of Greater Bombay issued a demolition notice; the Deputy Municipal Commissioner initially allowed retention of a …

STATE OF MAHARASHTRAversusMARUTI LAXMAN

1996 INSC 523Appeal(s) allowed

The State of Maharashtra appealed a High Court order that had granted enhanced compensation to Maruti Laxman under the Land Acquisition (Amendment) Act, 1984. The original acquisition notice was issued in 1969 and the Land Acquisition Officer awarded Rs.1,000 per acre in 1972. A civil court enhanced …

SYED ABDUL ALAM AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.

1996 INSC 524Appeal(s) allowed

The appellants, Head Constables, had passed a merit‑based written test for promotion to Sub‑Inspector under the Andhra Pradesh State Police Subordinate Service Rules, which require promotion on the basis of merit and ability. The Government later issued a G.O. (No. 585) amending the Police Standing …

KANSHI RAMversusOM PRAKASH JAWAL AND ORS.

1996 INSC 525Appeal(s) allowed

The parties entered into a sale agreement on 7 April 1969 for a 100‑square‑yard plot in Delhi, with a price of Rs 16,000 and Rs 2,500 paid as earnest money. The buyer (appellant) failed to execute the sale deed, and the seller (respondent) sued on 13 July 1970 for specific performance, alternatively …

STATE OF MADHYA PRADESHversusSURBHAN

1996 INSC 526Dismissed

The State of Madhya Pradesh charged O.P. Surbhan with murder after a child eyewitness (PW‑2) claimed the accused struck the deceased from behind with a bladed weapon. Medical examination, however, revealed three separate incised wounds on the neck, mandible and elbow, which could not have been …

UNION OF INDIA AND ORS.versusSHER SINGH AND ANR.

1996 INSC 527Appeal(s) allowed

The respondents' 50.55 acres of land in Pathankot were requisitioned for defence under the Requisition and Acquisition of Immovable Property Act, 1952. The Land Acquisition Officer fixed compensation at Rs. 201 per canal, but the respondents invoked Section 8 and obtained an arbitrator’s award of …

NABHIRAJ AND ORS.versusJAYAVATIBAI @SHANTHA BAI AND ORS.

1996 INSC 528Dismissed

The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written …

HARYANA UNRECOGNISED SCHOOLS ASSOCIATIONversusSTATE OF HARYANA

1996 INSC 511Appeal(s) allowed

The Haryana Unrecognised Schools Association challenged a Haryana Government notification that added "Employment in private coaching classes, schools including Nursery Schools and technical institutions" to the Schedule of the Minimum Wages Act, 1948 and fixed minimum wages for teachers. The Punjab …

STATE OF U.P. AND ORS.versusHARISH CHANDRA AND ORS.

1996 INSC 512Appeal(s) allowed

The respondents, selected in a 1987 merit list for Class III and IV clerical posts under the U.P. Subordinate Officers Clerical Staff (Direct Recruitment) Rules, 1985, alleged that the State failed to appoint them and obtained a mandamus from the Allahabad High Court ordering their recruitment. The …

STATE OF PUNJAB AND ORS.versusDR. HARBHAJAN SINGH GREASY

1996 INSC 514Appeal(s) allowed

Dr. Harbhajan Singh Greasy, a government doctor, was charged with absence from emergency flood duty and alleged private practice during suspension. An inquiry officer reported that the doctor admitted to the private practice, but no written admission was recorded and the doctor denied making any …

U.P. ELECT. BOARD THROUGH ITS CHAIRMAN AND ANR.versusM/S. TRIVENI ENGG. WORKS LTD.

1996 INSC 515Appeal(s) allowed

The U.P. Electricity Board (appeal) and M/s Triveni Engineering Works Ltd (respondent) entered into an agreement for electricity supply of 104 kW, which allowed the Board to revise tariffs under Section 48 of the Electricity Supply Act, 1948. The Board revised tariffs on 13 July 1986, deleting the …

INSPECTOR GENERAL OF REGISTRATION U.P. AND ANR.versusAVDESH KUMAR AND ORS. ETC.

1996 INSC 516Appeal(s) allowed

The Supreme Court heard an appeal by the Inspector General of Registration, Uttar Pradesh, against the High Court order directing the State to continue daily‑wage appointments of registration clerks and to regularise them. The petitioners sought clarification on whether the directions given in …

UNION OF INDIAversusRATTAN SINGH AND ORS. ETC.

1996 INSC 517Disposed off

The Union of India appealed against the award of compensation under Section 26 of the Land Acquisition Act, 1894, made in favour of Rattan Singh and others. The High Court had stayed execution of the award, directing the Union to deposit 50% of the enhanced compensation. The Union complied, but the …

THE STATE OF GOA AND ANR. ETC. ETC.versusSMT. YVETTE PEREIRA A.E. COSTA ETC. ETC.

1996 INSC 518Appeal(s) allowed

The State of Goa filed an appeal against a High Court order that had held that certain judicial officers appointed in 1963 were "absorbed employees" entitled to the pay scales of posts created under the Portuguese administration. The appellants argued that the definition of "absorbed employee" in …

URBAN IMPROVEMENT TRUST, JODHPURversusGOKUL NARAIN AND ANR.

1996 INSC 502Appeal(s) allowed

The Urban Improvement Trust (Jodhpur) acquired land of Gokul Narain under Section 52 of the Rajasthan Urban Improvement Act, 1959 and paid compensation. The High Court later enhanced the compensation and, applying the Central Land Acquisition Act, 1894 (as amended), awarded solatium, interest and …

STANDARD GAMES ETC.versusSTATE OF UP. AND ORS. ETC.

1996 INSC 500Dismissed

The appellant installed a coin‑operated video‑game machine that lights up and starts a game when a coin is inserted. The issue before the Court was whether such a machine falls within the definition of "entertainment" under Section 2(g) of the U.P. Entertainment and Betting Act, 1979 and …

M/S. TARAKNATH AND ANR.versusSUSHIL CHANDRA DEY BY LRS. AND ORS.

1996 INSC 495Appeal(s) allowed

The property of the late Syed Md. Mahibullah passed to his widow, five daughters and five sons. After the widow's death, the five sisters relinquished their shares in favour of their five brothers, an oral gift that the Supreme Court held to be valid under Muslim personal law with constructive …

DR. SMT. SHIPRAversusSHANTI LAL KHOIWAL

1996 INSC 477Dismissed

Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A …

STATE OF U.P.versusAMEER ALI

1996 INSC 478Appeal(s) allowed

The deceased wife was attacked by her husband, who beat her, poured kerosine on her and set her on fire. She gave two dying declarations, one to an Executive Magistrate on the day of the incident and another to a Sub‑Inspector the following day, both describing the accused's actions. At trial, the …

HUKAM CHAND AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.

1996 INSC 471Dismissed

The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not …

SUSHILA DEVI ETC.versusSTATE OF HARYANA AND ANR.

1996 INSC 473Disposed off

The case concerned the appointment of 230 supervisor posts in Haryana, of which a portion were reserved for Scheduled Castes, Backward Classes, and Ex‑Servicemen. After the Subordinate Services Selection Board finalized the reservation, 136 general‑category candidates obtained stay orders and were …

ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR.versusSTATE OF U.P. AND ORS.

1996 INSC 475Dismissed

The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. …

NAMBURI BASAVA SUBRAHMANYAMversusALAPATI HYMAVATHI AND ORS.

1996 INSC 476Appeal(s) allowed

The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of …

T. VENKATA NARAYANA AND ORS,versusSMT. VENKATA SUBBAMMA (DEAD) AND ORS.

1996 INSC 461Appeal(s) allowed

In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in …

D. S. THIMMAPPAversusSIDDARAMAKKA

1996 INSC 462Dismissed

Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered …

MOHSIN UNISSAversusTAMIL NADU PUBLIC SERVICE COMMISSION

1996 INSC 463Appeal(s) allowed

The appellant, a temporary employee of the Tamil Nadu Public Service Commission in 1975‑76, was later regularised as a Junior Assistant in the Finance Department in August 1990, subject to passing a Tamil language test. She had passed the test in 1977 while serving temporarily, but was required to …

M.P. CHANDORIAversusSTATE OF M.P. AND ORS.

1996 INSC 464Dismissed

The appellant, a direct recruit Deputy Collector in Madhya Pradesh, joined service on 15‑02‑1967 and was placed on probation. He passed the prescribed departmental test on 27‑06‑1972 and was confirmed on 13‑03‑1973. He claimed that his seniority should be backdated to his date of joining, but the …

SATYA NARAIN PAREEKversusSTATE OF RAJASTHAN AND ANR.

1996 INSC 465Dismissed

The appellant, a permanent Lower Division Clerk in the Technical Education Department of Rajasthan, was deputed to a tenure post in the Transport Department and later repatriated to his parent department. He challenged the repatriation, alleging that his lien in the parent department had been …

UNION OF LNDIA AND ORS.versusDHARMA PAL AND ORS. ETC.

1996 INSC 466Disposed off

The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City …

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

1996 INSC 447Dismissed

In the 1991 Tamil Nadu Legislative Assembly election for the Chennaimahadevi constituency, the returned candidate (appellant) filed an election expense return showing Rs 36,350, admitting use of one vehicle (TN‑72‑1909) with Rs 15,875 expense but also acknowledging a second vehicle (TN‑555) whose …

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

1996 INSC 436Appeal(s) allowed

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

BALBIR SINGH NEG!versusUNION OF INDIA & ORS.

1996 INSC 439Dismissed

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

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

1996 INSC 440Dismissed

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

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

1996 INSC 441Disposed off

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

STATE OF KARNATAKA AND ORSversusKRISHNOJI REO AND ANR.

1996 INSC 442Appeal(s) allowed

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

JAGBIR SINGHversusSTATE OF HARYANA AND ORS .

1996 INSC 443Appeal(s) allowed

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

TARLOK SINGHversusVIJAY KUMAR SABHARWAL

1996 INSC 444Appeal(s) allowed

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

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

1996 INSC 446Appeal(s) allowed

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

THE GOVT. OF ANDHRA PRADESHversusH.E.H., THE NIZAM, HYDERABAD.

1996 INSC 426Appeal(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, …

UNION OF INDIA AND ORS.versusMAJOR GENERAL MADAN LAL YADAV (RETD.)

1996 INSC 425Appeal(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 …

THE STATE OF BIHAR AND ORS. ETC.versusSAMSUZ ZOHA ETC.

1996 INSC 427Appeal(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 …

K. JAYADEVAN NAIRversusKRISHNA PILLAI (DEAD) AND ORS.

1996 INSC 428Appeal(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, …

THE FINANCIAL COMMISSIONER (TAXATION) PUNJAB AND ORS.versusHARBHAJAN SINGH

1996 INSC 429Appeal(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 …

BASHIR AHMAD AND ORS.versusSTATE OF PUNJAB AND ORS.

1996 INSC 430Dismissed

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 …

STATE OF PUNJAB AND ORS.versusSURJIT SINGH CONDUCTOR

1996 INSC 431Appeal(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 …

SMT. GOWRAMMA ETC.versusLAO-CUM-MANDAL REVENUE OFFICER PARTI RANGAREDDY DISTRICT

1996 INSC 433Case 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, …

LAND ACQUISITION OFFICER, HYDERABAD ETC.versusMALE PULLAMMA AND ORS. ETC.

1996 INSC 421Dismissed

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 …

KARNAL IMPROVEMENT TRUSTversusRAM PARKASH AND ORS.

1996 INSC 422Disposed 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 …

STATE OF WEST BENGAL AND ORS.versusTROPICAL SCHOOL EMPLOYEES UNION AND ORS.

1996 INSC 423Appeal(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 …

BODDULA KRISHNAIAH AND ANR.versusSTATE ELECTION COMMISSIONER, A.P. AND ORS.

1996 INSC 414Appeal(s) allowed

The dispute arose from the Gram Panchayat elections in Nalgonda district, Andhra Pradesh, where the names of about 94 persons were deleted from the draft electoral roll. The affected persons filed a writ petition seeking to be allowed to vote. The High Court initially ordered that they could …

WELFARE ASSOCIATION, SECTOR 7, URBAN ESTATE, FARIDABADversusRAJIV KAPOOR AND ORS.

1996 INSC 415Disposed off

The Welfare Association filed a civil suit seeking a perpetual injunction to prevent the conversion of a designated green belt in Sector 7, Faridabad, into a petrol pump operated by Rajiv Kapoor and others. The trial court initially granted an ad‑interim injunction, later vacated it, but on revision …

SH. A.S. NARAYANA DEEKSHJTULU ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 411Dismissed

The Supreme Court examined the constitutionality of Sections 34, 35, 36, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which abolished hereditary rights of archakas, mirasidars, gamekars and other temple office‑holders. The petitioners, …

STATE OF BIHAR AND ANR.versusRANCHI ZILA SAMTA PARTY AND ANR.

1996 INSC 407Disposed off

A massive fraud involving approximately Rs. 500 crore was uncovered in Bihar's Animal Husbandry, Education, Cooperation and Fisheries Departments, prompting the Patna High Court to order a Central Bureau of Investigation (CBI) probe under Article 226 of the Constitution, without the State …

LUDHIANA IMPROVEMENT TRUSTversusBRIJESHWAR SINGH CHHAL AND ANR. ETC.

1996 INSC 408Appeal(s) allowed

The Ludhiana Improvement Trust appealed against a High Court order that awarded a uniform compensation of Rs. 107 per square yard for 13 acres of land acquired for commercial‑residential purposes, rejecting the belting system used by the Land Acquisition Officer who had classified portions of the …

DR. G.N. KHAJURIA AND ORS.versusD.D.A. AND ORS.

1996 INSC 403IA disposed

The petitioners, Dr. G.N. Khajuria and others, challenged the continued occupation of a school built on land originally earmarked for a park by the Delhi Development Authority (DDA). The Supreme Court had directed the dismantling and vacation of the school, but the DDA sought to delay compliance. …

TELECOM DISTRICT MANAGER, GOA AND ORS.versusV.S. DEMPO & CO. AND ORS.

1996 INSC 404Dismissed

The case concerned two telephone billing disputes (Rs. 99,196 and Rs. 71,280) between the telecom authority and V.S. Dempo & Co. The Union of India argued that, under its administrative instructions, a subscriber must first obtain a court direction before the dispute can be referred to an arbitrator …

STATE OF ORISSAversusDIVISIONAL MANAGER, LIC AND ANR.

1996 INSC 405Appeal(s) allowed

Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the …

DIRECTOR GENERAL OF POLICE AND ORS.versusMRITYUNJOY SARKAR AND ORS.

1996 INSC 406Appeal(s) allowed

The respondents were appointed as constables in the State Armed Police in April 1985 based on a list supplied by the Katwa Employment Exchange. The Labour Commissioner later declared that the list was fabricated and directed the authorities to take action, leading to the respondents' discharge …

STATE OF GOA AND ANR.versusSMT. S.A. ABDUL KARIM ETC. ETC.

1996 INSC 393Appeal(s) allowed

The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After …

MASIPATLA RAGHAVULUversusTHE REVENUE DIVISIONAL OFFICER, LAO, PEDDAPALLI

1996 INSC 394Appeal(s) allowed

The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision …

M. RAMJAYARAMversusGENERAL MANAGER, SOUTH CENTRAL RAILWAY AND ORS.

1996 INSC 395Appeal(s) allowed

M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total …

SEETHAMMALversusSENTHIL FINANCE AND ANR.

1996 INSC 396Appeal(s) allowed

In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the …

SMT. BASAVVA AND ORS. ETC.versusTHE SPL. LAND ACQUISITION OFFICER, AND ORS.

1996 INSC 397Dismissed

The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% …

V.G. KULKARNIversusTHE SPL. LAND ACQUISITION OFFICER

1996 INSC 399Dismissed

The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the …

ISHWARLAL PREMCHAND SHAH AND ORS.versusSTATE OF GUJARAT AND ORS.

1996 INSC 400Dismissed

The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of …

SH. MOHD. AYUB KHANversusPROF. BHIM SINGH AND ORS.

1996 INSC 382Dismissed

The Election Commission issued a notification for a bye‑election to the Udhampur Parliamentary Constituency and, after a reference by the Returning Officer, directed a repoll at certain polling stations, which was carried out. The election result was challenged before an election petition, and the …

HOOKIYAR SINGH ETC. ETC.versusSPECIAL LAND ACQUISITION OFFICER, MORADABAD AND ANR.

1996 INSC 383Disposed off

The case concerned acquisition of 171.46 acres of agricultural land in Moradabad for UPSIDC. The Land Acquisition Officer initially fixed compensation at Rs 15,500 per acre, which was later increased by the District Court to Rs 40,000 and by the High Court to Rs 50,000 per acre based on sale deeds …

SH. A. CHINNAPPAversusSH V. VENKATAMUNI AND ORS.

1996 INSC 384Dismissed

Sh. A. Chinnappa contested the Bethamangala Assembly seat in Karnataka, which was reserved for Scheduled Castes, claiming he belonged to the Mundala caste listed in the Presidential notification under Article 341. The Karnataka High Court held that he actually belonged to the Mondy/Mondigaru caste, …

Y. H. PAWARversusSTATE OF KARNATAKA AND ANR.

1996 INSC 385Dismissed

Y.H. Pawar was appointed as a Class III employee on an ad‑hoc basis on 22 March 1960 after being called from the Employment Exchange. When the Ministerial Recruitment Rules were later framed, he was regularised on 6 May 1968 with seniority from the date of selection under the new rules. Pawar …

NEW BANK OF INDIA EMPLOYEES UNION AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 376Dismissed

The New Bank of India, a loss‑making nationalised bank, was merged with Punjab National Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. The Central Government, in consultation with the Reserve Bank of India, framed a Placement Scheme to determine the inter‑se …

RAM JANAMversusRADHAKRISHNA CHAUBE AND ORS.

1996 INSC 380Appeal(s) allowed

Ramjanam filed a suit under Sections 59 and 61 of the Uttar Pradesh Tenancy Act, 1939, claiming hereditary tenancy rights after possessing the land for more than 50 years. The trial court and the appellate court held that he was a tenant and had acquired title by adverse possession, but the …

M. VENKATESWARLU ETC.versusTHE GOVERNMENT ANDHRA PRADESH AND ORS. ETC.

1996 INSC 365Appeal(s) allowed

M. Venkat... (appellant), a Scheduled Caste employee in the Andhra Pradesh Revenue establishment, was promoted ad‑hoc as Deputy Tehsildar in 1984 but fell short of the service‑length requirements for regular promotion. He sought relief under Rule 47 of the Andhra Pradesh State and Subordinate …

SMT. ANURADHA MUKHERJEE AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.

1996 INSC 366Disposed off

The case concerned a group of graduate clerks (Grade II) who were promoted to Grade I in the Indian Railways after a restructuring of the clerical cadres. The Railway Board had issued several letters prescribing that 20% of Grade I vacancies be filled by direct recruitment and the remainder by …

SH. BAKSHISH SINGH (DEAD) BY LRS.versusARJAN SINGH AND ORS.

1996 INSC 369Dismissed

A suit for dissolution of a partnership and rendition of accounts was filed by one partner against the other partners of the Modern Ice Factory. The trial court dismissed the suit, and the first appeal was also dismissed. While the second appeal was pending, two of the partners died and their legal …

GURNAM SINGH AND ORS.versusTHE SUB-DIVISIONAL OFFICER (CIVIL), KAITHAL AND ORS.

1996 INSC 370Dismissed

The appellants had occupied certain Shamlat Deh lands as tenants for about twenty years before 1975, after which their lease expired and no new lease was granted. The lands are vested in the Gram Panchayat. The Assistant Collector, invoking Section 7 of the Punjab Common Lands (Regulation) Act, 1961 …

SMT. AMBEY DEVIversusSTATE OF BIHAR AND ANR.

1996 INSC 371Dismissed

The State of Bihar acquired 25 acres of land under the Land Acquisition Act, 1894 and awarded compensation equally to four co‑owners, each receiving a one‑fourth share. One co‑owner filed a reference under Section 18 of the Act, leading the civil court to enhance his compensation. The appellant, …

RAM PIARI AND ANR. ETC.versusLAND ACQUISITION COLLECTOR, SOLAN AND ORS. ETC.

1996 INSC 372Disposed off

The Supreme Court examined appeals by landowners against a Himachal Pradesh High Court order that reduced compensation for lands acquired under the Land Acquisition Act, 1894. The Collector had originally offered compensation of Rs 14,195 per bigha for Kuhal land and Rs 9,425 per bigha for Katuhal …

A. MAHUDESWARAN AND ORS.versusGOVERNMENT OF TAMIL NADU AND ORS.

1996 INSC 373Appeal(s) allowed

After the abolition of the Village Officer post in 1982, about 2,000 Section Writers were trained and appointed as Surveyor‑cum‑Draftsman in the Survey and Settlement Department on a contract basis, later regularised with regular pay‑scales and promotions. The Government later issued a clarification …

M/S. AVTAR SINGH & CO. PVT. LTD.versusM/S. S.S. ENTERPRISES AND ORS.

1996 INSC 354Disposed off

The parties were involved in two distribution agreements for the film 'Aag Ka Dariya', one dated 28 February 1985 with R. Venkatraman and a later one dated 7 October 1993 with M/s. Avtar Singh & Co. Pvt. Ltd. Three suits arose: a Bombay suit by Venkatraman seeking cancellation of the 1985 agreement, …

UNION OF INDIA AND ORS.versusJASWANT RAI KOCHHAR AND ORS.

1996 INSC 355Appeal(s) allowed

The Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a housing scheme. The government later intended to use the land for a District Centre, a commercial purpose, and the High Court quashed the notification on the ground that the change of …

DURGA PRASADversusNAVEEN CHANDRA AND ORS.

1996 INSC 356Dismissed

The respondent filed a suit for specific performance which culminated in a decree on 14 January 1994. Respondent No.2 and others filed applications under Order 9 Rule 13 CPC to set aside the decree, while the appellant moved a preliminary objection challenging the maintainability of those …

THE STATE OF MAHARASHTRA AND ANR.versusSHRI PRABHAKAR BHIKAJI INGLE

1996 INSC 357Appeal(s) allowed

The respondent, a police officer, was removed from service by the Commissioner of Police under Article 311(2)(b) of the Constitution and challenged the removal before the Maharashtra Administrative Tribunal (MAT), which confirmed the removal on March 6, 1995. He filed a Special Leave Petition (SLP) …

B. SHANKARANANDversusCOMMON CAUSE AND ORS.

1996 INSC 358Disposed off

The Supreme Court examined the interpretation of Section 4(e) of the All India Institute of Medical Sciences Act, 1956, concerning the composition of the institute's supreme body. The question was whether the five persons to be nominated by the Central Government must all be scientists, or whether …

STATE OF U.P. AND ORS.versusNAND KISHORE SHUKLA AND ANR.

1996 INSC 359Appeal(s) allowed

Nano Kishore Shukla, a clerk in the Uttar Pradesh government, was removed from service after a disciplinary enquiry found five charges of selling and purchasing property without prior authority proved. The respondent did not cooperate with the enquiry, refusing to cross‑examine witnesses on several …

STATE OF KERALAversusK. MOIDEENKUTTY AND ORS.

1996 INSC 360Appeal(s) allowed

The State of Kerala appealed against the order of the Taluk Land Board, Kozhikode, which had first declared that declarant K. Moideenkutty possessed 3,171.53 acres of excess land under the Kerala Land Reforms Act, 1961. The Board later reopened the case and, on the basis that 877 tenants occupied …

SAHKARI SAMITIYAN VYAVASTHAPAK UNION ETC.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 344Dismissed

The Primary Agriculture Credit Cooperative Societies (PACS) challenged the constitution of the Rajasthan Credit Cooperative Institutions Cadre Authority Limited and the Registrar's power to compel PACS to contribute to a salary fund for paid secretaries under the Central Cooperative Bank Rules, …

KERALA STATE FINANCIAL ENTERPRISES LTD.versusJACOB ALEXANDER AND ANR.

1996 INSC 345Dismissed

The plaintiff, a regular subscriber to a Cochin kuri, sued the State of Kerala and the foreman for the share of unpaid auction discount that he claimed was due to him. The trial court held that the foreman could only retain the commission expressly provided in the Vaimpu and that any forfeited …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusKALLETI CHENGAIAH

1996 INSC 349Appeal(s) allowed

The Director of Settlement exercised suo motu revision power under Section 5(2) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 to set aside a 1983 order granting a Ryotwari patta that was found to contravene statutory provisions. The High Court held …

STATE OF ASSAM AND ORS.versusSMT. RADHA KANOO AND ORS. ETC.

1996 INSC 350Appeal(s) allowed

The State of Assam appealed against a High Court order that had held the respondents were not encroachers on government waste land. The respondents had taken possession of the land without a lease or written permission under Rule 16 of the Settlement Rules and had paid "Touzi Bahira" revenue to a …

STATE OF U.P. AND ANRversusSHRI KRISHNA PANDEY

1996 INSC 351Dismissed

Shri Krishna Pandey retired from service on 31 March 1987. After his retirement, a departmental enquiry for alleged embezzlement of Rs. 2,47,779 was initiated on 21 April 1991, and his pension was withheld under Regulation 351-A of the Civil Services Regulations. The High Court directed that his …

SURJIT SINGH AND ORS.versusBALBIR SINGH

1996 INSC 333Dismissed

The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants …

RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.

1996 INSC 334Dismissed

The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting …

STATE OF RAJASTHANversusKISHORE

1996 INSC 320Appeal(s) allowed

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

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

1996 INSC 321Disposed off

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

U.P. SHIKSHA AND EDUCATION BOARDversusRAJENDER PRASAD GUPTA

1996 INSC 312Appeal(s) allowed

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

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

1996 INSC 313Dismissed

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

STATE OF BIHAR AND ORS.versusRAMDEO YADAV AND ORS.

1996 INSC 314Appeal(s) allowed

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

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

1996 INSC 315Dismissed

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

SHIMLA DEVELOPMENT AUTHORITYversusASHA RANI

1996 INSC 316Appeal(s) allowed

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

SURINDER KAURversusSTATE OF PUNJAB AND ORS.

1996 INSC 308Appeal(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 …

UNION OF INDIAversusM/S G.S. ATWAL, AND CO. (ASANSOLE)

1996 INSC 296Appeal(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 …

JUNJARAMversusBHAURAO AND ORS.

1996 INSC 298Appeal(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 …

ASSOCIATION OF CHEMICAL WORKERSversusS.D. RANE AND ORS.

1996 INSC 299Dismissed

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 …

PARSINI (DEAD) THROUGH LRS.versusATMA RAM AND ORS.

1996 INSC 300Dismissed

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 …

HIRA LAL (DEAD) BY LRS. ETCversusSTATE OF MAHARASHTRA AND ANR.

1996 INSC 301Dismissed

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 …

ASHOK KUMAR SINGHAL AND ORS.versusSTATE OF M.P. AND ANR.

1996 INSC 281Appeal(s) allowed

Gyaso Bai executed a will in 1964 bequeathing land to Ram Swaroop, and a probate was granted in 1965. The government later acquired the land and, under the Land Acquisition Act, a reference court directed compensation to be paid in the ratio of two‑thirds to the appellants and one‑third to the …

DEV RAJ (DEAD) THROUGH L.RS.versusHARBANS SINGH (DEAD) THROUGH L.RS.

1996 INSC 282Appeal(s) allowed

The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor …

BANK OF BARODAversusRAJENDER PAL SONI

1996 INSC 283Appeal(s) allowed

The respondent, an employee of Traders Bank, tendered his resignation on the same day the bank sought to terminate his service by offering three months' pay in lieu of notice and returned the cheque. Traders Bank was later amalgamated with Bank of Baroda under Section 45 of the Banking Companies …

J. JOSE DHANAPAULversusS. THOMAS AND ORS.

1996 INSC 271Appeal(s) allowed

The appellant, J. Jose Dhanapoul, challenged an order of the Tamil Nadu Administrative Tribunal that annulled the appointment of S. Thomas without the appellant being made a party to the proceedings. The Tribunal had issued the impugned order on June 15, 1993, cancelling Thomas's appointment, but …

DR. GHANSHYAM JAISWALversusKAMAL SINGH

1996 INSC 272Appeal(s) allowed

In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the …

UNION OF INDIA AND ANR.versusRANCHI MUNICIPAL CORPN. RANCHI AND ORS.

1996 INSC 273Appeal(s) allowed

The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under …

BABULALversusRAJ KUMAR AND ORS.

1996 INSC 274Appeal(s) allowed

Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an …

JAIN MOTOR CAR CO., DELHIversusSMT. SWAYAM PRABHA JAIN AND ANR

1996 INSC 255Dismissed

The tenant, Jain Motor Car Co., was served an eviction petition by the landlord, S.P. Jain, for defaulting on rent payment and alleged sub‑letting. The Rent Controller ordered the tenant to pay arrears within one month and to continue depositing monthly rent by the 15th, but the tenant paid the …

MUNICIPAL COMMITTEE SIRHINDversusPARSHOTAM DASS AND ORS.

1996 INSC 256Appeal(s) allowed

The respondents, who were the khewatdars of land classified as “Shamlat deh” in village Brahman Majra, claimed that the land reverted to them after the Gram Sabha was abolished, invoking Rule 3 of the Punjab Gram Panchayat Rules, 1965. The Municipal Committee of Sirhind argued that the land had …

RITESH R. SHAHversusDR. Y.L. YAMUL AND ORS.

1996 INSC 258Case Allowed

Ritesh R. Shah, a reserved‑category candidate, applied for admission to the MBBS course in Maharashtra for 1995‑96 but was denied because other reserved‑category applicants were admitted against the reserved quota despite being eligible on open‑merit grounds. He challenged the state’s selection …

STATE OF U.P. AND OTHERSversusRAMASH-YRAYA YADAV AND ANOTHER

1996 INSC 259Appeal(s) allowed

The respondents were appointed as temporary Investigators‑cum‑Computer under a scheme that was later cancelled, but they were allowed to continue in service by an interim order of the Allahabad High Court. While still serving, they filed a writ petition seeking the same salary as regular …

UNION OF INDIA AND ANR.versusMOTI LAL AND ORS.

1996 INSC 261Dismissed

The respondents, who had been directly appointed as casual mates in Class III of the Northern Railway, were later regularised as gangmen (Class IV) by the railway authorities. They contended that their long‑term service as mates and the temporary status conferred upon them entitled them to be …

UNION OF INDIAversusRAM SUA SHARMA

1996 INSC 262Appeal(s) allowed

The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The …

J.L. JAINversusUNION OF INDIA AND ORS.

1996 INSC 263Appeal(s) allowed

In this civil appeal, the appellant J.L. Jain challenged the decision of the Central Administrative Tribunal that denied a reopening of a departmental inquiry against him. The appellant sought a one‑time opportunity to participate in the inquiry, present his defence, and cross‑examine witnesses. The …

UNION TERRITORY OF CHANDIGARHversusCHARANJIT KAUR

1996 INSC 264Appeal(s) allowed

The respondent was convicted of murder and sentenced to life imprisonment, having been in custody since September 1983. She filed an application in the High Court seeking premature release, and the High Court ordered her release on the ground that the State had failed to file a counter‑affidavit …

SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENTversusL. SRINIVASAN

1996 INSC 265Appeal(s) allowed

The respondent, L. Srinivasan, an Assistant Section Officer in the Prohibition and Excise Department, was suspended and a departmental inquiry was ordered while a charge‑sheet for embezzlement and fabrication of false records was filed and a criminal trial was pending. The Tamil Nadu Administrative …

SINGHAI LAL CHAND JAIN (DEAD)versusRASHTRIYA SWAYAM SEWAK SANGH, PANNA AND ORS.

1996 INSC 266Appeal(s) allowed

The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the …

THE STATE OF PUNJABversusDARSHAN SINGH

1996 INSC 267Appeal(s) allowed

Darshan Singh, a bus conductor employed by the State of Punjab, was removed from service on 26 May 1989 for alleged misconduct of collecting fares without issuing tickets, which was deemed fraud. The removal order also listed his earlier punishments, leading the trial court to hold that the …

ABDUL AZIZ ABDUL RATAK AND ANR.versusTHE MUNICIPAL CORPN. OF GREATER BOMBAY AND ANR.

1996 INSC 268Dismissed

The appellants, whose land was acquired under the Land Acquisition Act, 1894, entered into an agreement with the municipal corporation to receive two‑thirds of the compensation at a rate of Rs.40 per square yard, with interest fixed at 4% per annum from possession. The compensation award was later …

STATE OF UTTAR PRADESH ETC.versusSMT. RAM KUMARI DEVI ETC.

1996 INSC 269Case Partly allowed

The State of Uttar Pradesh acquired 13.75 acres of land for a government college and the Land Acquisition Officer initially fixed compensation at Rs 11,887.78 per acre. A District Judge later awarded Rs 5 per square foot and the High Court reduced it to Rs 3.30 per square foot, relying on sale deeds …

MUKHTIAR AHMEDversusSMT. HUSAN BANO AND ORS.

1996 INSC 246Dismissed

Mukhtar Ahmed filed a suit seeking a declaration that he was entitled to a two‑thirds share in a house as a co‑owner. Earlier, in a suit filed by a co‑sharer, the court had determined that the co‑sharer was only entitled to a one‑fifth share, and that decree became final. The issue before the …

PUTTU LAL (DEAD) BY LRS.versusSTATE OF U.P. AND ANR.

1996 INSC 247Dismissed

The land originally owned by Smt. Kokilla was acquired by the State under the Land Acquisition Act, 1894, with a notification on 15 April 1928 and a declaration on 28 July 1928 for a public purpose. Compensation was paid and, under Section 16 of the Act, the land vested in the State free of all …

J.R. JANI AND ORS.versusAHMED EBRAHIM OF RANGOON

1996 INSC 250Appeal(s) allowed

The case concerned a claim by Ahmed Ebrahim, a Burmese citizen, that he had purchased six lakh shares of Khatiawad Industries Ltd., a company declared an evacuee property in 1959, and that the declaration was illegal because notice under Section 7 read with Rule 6 of the Administration of Evacuee …

THE STEEL AUTHORITY OF INDIA AND ORS.versusNEW MARINE COAL CO. (PVT.) LTD.

1996 INSC 251Appeal(s) allowed

The Steel Authority of India sued New Marine Coal Co. to recover Rs 1,13,000 for coal supplied under an agreement that required Grade‑I coal between Dec 1962 and June 1967. Instead, Grade‑II coal was delivered but the plaintiff collected the price of Grade‑I, and the contract contained a clause …

SANT SINGHversusTHE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.

1996 INSC 252Dismissed

Sant Singh appealed against a notice issued under Section 5 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, contending that a sale of 10 acres 33 cents to his minor daughter before the appointed day (24 January 1971) and a transfer of 13.47 acres to a private temple after that date …

ABDUL QADIR (DEAD) BY LRS.versusSMT. MAIMOONA KHATOON (DEAD) BY LRS. AND ORS.

1996 INSC 253Dismissed

Abdul Qadir, as successor of an evacuee property declared under the Custodian of Evacuee Property Act, 1950, claimed adverse possession over land and sought to be recorded as sirdar and bhumidar in two khatas. The Consolidation Officer and Settlement Officer initially upheld his claim, but the …

RAGHUNATHversusPOPAT LAL AND ORS.

1996 INSC 254Appeal(s) allowed

The land originally owned by Lilachand Bhandari was hypothecated to Hirachand in 1942. Hirachand leased the land to respondents No.2 and No.3 in 1947‑48, making them tenants under the Bombay Tenancy and Agricultural Lands Act, 1948. Respondent No.2 purchased the equity of redemption on 27 December …

REV. FATHER BRAIN E FERNANDES ETC.versusSTATE OF MAHARASHTRA AND ORS.

1996 INSC 223Appeal(s) allowed

The case concerned a land acquisition under the Land Acquisition Act, 1894 where the notification under Section 4(1) was published in 1965 and the declaration under Section 6 in 1969, but the award of compensation was only made in 1986. The appellants argued that an erratum notice that listed guntha …

RAM JATAN AND ORS.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 224Dismissed

The deceased Newaj Mal executed a registered will leaving his land to his daughter's son, a fact accepted by the Director of Consolidation and upheld by the Allahabad High Court. The brother of the deceased (appellant) claimed a preferential right to the property under Class V of Section 24 of the …

UNION OF INDIA AND ANR.versusM/S. SH. RAM RAYONS

1996 INSC 225Appeal(s) allowed

The respondent, Mis. Sh. Ram Rayons, applied for a supplementary import licence and paid a fee of Rs.1 lakh under Clause 4(2) of the Imports (Control) Order, 1955. A policy change later prevented the issuance of the licence, prompting the respondent to file a writ petition seeking a refund of the …

UNION OF INDIAversusAJAIB SINGH AND ORS.

1996 INSC 226Appeal(s) allowed

The Union of India acquired land under the Requisitioning & Acquisition of Immovable Properties Act, 1952 and offered compensation to the owners, who rejected it, leading to reference to an arbitrator under section 8(1). The arbitrator awarded higher compensation with solatium and interest, and the …

STATE OF RAJASTHANversusM/S. KALYAN SUNDARAM CEMENT INDUSTRIES LTD. AND ORS.

1996 INSC 227Appeal(s) allowed

The State of Rajasthan sued Mis. Kalyan Sundaram Cement Industries Ltd. for recovery of sums due under an agreement after three post‑dated cheques issued in 1989 bounced. Alongside civil suits for recovery, criminal complaints were filed under Section 138 of the Negotiable Instruments Act and …

STATE OF KERALAversusGEORGE JOSEPH

1996 INSC 228Appeal(s) allowed

The State of Kerala initiated acquisition proceedings against George Joseph, issuing a notice under Section 4(1) of the Land Acquisition Act, 1894 on 26 September 1978. The Collector later made an award on 27 March 1981, and the respondent claimed an additional amount under Section 23(1A) of the …

SH. MAHESHWARI SENIOR HIGHER SECONDARY SCHOOL AND ANR.versusBHIKHA RAM SHARMA AND ORS.

1996 INSC 229Appeal(s) allowed

The appellant, Maheshwari Senior Higher Secondary School, challenged the termination of Bhikha Ram Sharma, who had been appointed as a Steno‑Typist on an ad‑hoc basis on 15 July 1992. The management passed a resolution on 21 May 1994 abolishing the ad‑hoc post, and Sharma's service was terminated on …

PANKAJ KUMAR SAHAversusTHE SUB-DIVISIONAL OFFICER, ISLAMPUR AND ORS.

1996 INSC 230Dismissed

The petitioners, Pankaj Kumar Saha and his brother, were issued Scheduled Caste certificates in 1982, which were later cancelled by the Sub‑Divisional Officer. The petitioners challenged the cancellation, claiming that they belong to the Sunri Scheduled Caste, despite the Presidential notification …

UNION OF INDIA AND ORS. ETC.versusS.D. GUPTA AND ORS.

1996 INSC 231Appeal(s) allowed

The respondents, who were promotee Extra Assistant Directors in the Central Water Commission Engineering Class‑I Service, challenged the seniority list prepared by the Union of India which placed them below direct recruits appointed later. The dispute centered on the interpretation of the 1965 …

SAVITRI DEVIversusSTATE OF HARYANA AND ORS.

1996 INSC 232Disposed off

The appellant, Savitri Devi, challenged the State of Haryana after her land was acquired under the Land Acquisition Act, 1894 for residential and commercial purposes. Although compensation had been paid and the acquisition became final, the land remained unused, and she sought a plot in lieu of her …