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K RAMASWAMY

1805 judgments · newest first · showing 1001–1200

G. RAMASWAMY@ SURYAPRAKASA RAOversusLANKA SUBBARAO PATRUDU AND OTHERS.

1996 INSC 215Appeal(s) allowed

The grandfather, Gulla Kondala Rao, executed a deed of gift in 1947 in favour of his second wife, Narasamma, and she later bequeathed the same properties to the plaintiffs by a registered will in 1964. The adopted son, Ramarao, later sold the properties claiming they were joint family assets, but …

STATE OF BIHARversusSHRI K. M. ZUBEI AND OTHERS

1996 INSC 212Appeal(s) allowed

The State of Bihar appealed a Patna High Court order that had upheld a Board of Revenue decision allowing a land holder, governed by Mohammedan law, to claim an additional unit of land for his adult son. The land holder had been shown to hold surplus land under the Bihar Land Reforms (Fixation of …

U. P. RAJKIYA NIRMAN NIGAM LTD.versusINDURE PVT. LTD. AND OTHERS

1996 INSC 213Appeal(s) allowed

The U.P. Rajkiya Nirman Nigam Ltd (appellant) and Indure Pvt Ltd (respondent) were negotiating a joint tender for the U.P. State Electricity Board. The appellant sent a draft agreement which it did not sign; the respondent returned a counter‑proposal deleting clause 10 and materially altering clause …

GURBACHAN SINGH AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 218Dismissed

Gurbachan Singh and another filed a writ petition under Article 32 of the Constitution challenging a Supreme Court order passed under Article 136 that set aside a High Court and arbitrator award of enhanced solatium and interest under the Land Acquisition Act, 1864 (as amended by Amendment Act 68 of …

TAMIL NADU HOUSING BOARDversusA. VISWAM (DEAD) BY LRS.

1996 INSC 219Appeal(s) allowed

The Tamil Nadu Housing Board acquired 339 acres of land, including a one‑acre parcel earmarked for a public park, under the Land Acquisition Act, 1894. The original owners, represented by A. Viswam (deceased), claimed they remained in possession and sought a perpetual injunction against the Board. …

UNION OF INDIAversusM/S. AGRO ENGINEERING (MP). PVT. LTD. AND ORS.

1996 INSC 220Disposed off

The petition concerned applications for a government subsidy filed on or before 30 September 1988 that substantially complied with the scheme’s guidelines. The petitioners contended that such applications should be considered for grant of subsidy, while the respondents opposed the claim. The Supreme …

SMT. GURNAM KAUR AND ANR.versusPURAN SINGH AND ORS.

1996 INSC 210Appeal(s) allowed

The appeal concerned whether the appellant, a daughter of Ram Singh and Gurnam Kaur, was a legitimate child despite Gurnam Kaur's earlier marriage not being legally dissolved. Earlier courts had held the child illegitimate because the prior marriage was void under Section 11 of the Hindu Marriage …

STATE BANK OF INDIA ETC.versusKASHINATH KHER AND ORS. ETC.

1996 INSC 211Appeal(s) allowed

The Supreme Court examined whether the State Bank of India's policy of promoting Middle Management Grade Scale II officers who had not completed the statutory two‑year line assignment and three‑year rural/semi‑urban service, by placing them in a provisional List B and later promoting them after they …

OSMAN UMARversusMALAL ALIBHAI NATHU AND ORS

1996 INSC 201Dismissed

The appellant, representing the Patni Jamat, sought an occupancy certificate from the Mamlatdar in 1951 for land to be used as a Kabristan. A later suit (Suit No. 151/66) declared that all four jamats were jointly entitled to the land, and an injunction was placed against the appellant; this decree …

P.S. SAWHNEYversusUNION OF INDIA AND ORS.

1996 INSC 202Appeal(s) allowed

The appellant, a government employee, sought annual increments of Rs.100 on his pay scale as directed by a previous Supreme Court order, arguing that after reaching the maximum of the scale the increments should continue as special pay. He also claimed entitlement to local allowances on par with the …

S. NOORDEENversusV.S. THIRU VENKITA REDDIAR AND ORS.

1996 INSC 203Dismissed

The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree …

INDERMANI KIRTIPALversusTHE UNION OF INDIA AND ORS.

1996 INSC 189Dismissed

The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a …

SMT. FIRDOSH FATIMA (SINCE DEAD) ETC.versusSMT. FIRDOSH BEGUM (DEAD) AND ORS. ETC.

1996 INSC 190Dismissed

The Supreme Court examined the constitutional validity of Section 4 of the Uttar Pradesh Amendment Act 33 of 1972, which abolished letters‑patent appeals from judgments of a single High Court judge in writ jurisdiction concerning revenue and tenancy matters. The petitioners challenged the amendment …

K.P.O. MOIDEENKUTTY HAJEEversusPAPPU MANJOORAN AND ANR.

1996 INSC 191Dismissed

The appellant‑defendant challenged the trial and Kerala High Court judgments that upheld a suit for recovery of Rs 1.5 lakhs on a promissory note (Ex A) executed for the transfer of 3 acres 44 cents of land and a building. The appellant contended that the note was purportedly for cash consideration, …

STATE OF U.P.versusO.P. SHARMA

1996 INSC 192Appeal(s) allowed

The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The …

M.C. DHINGRAversusUNION OF INDIA AND ORS.

1996 INSC 183Appeal(s) allowed

M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but …

L. RAJAIAHversusINSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.

1996 INSC 184Disposed off

The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant …

STATE OF BIHAR AND ORS.versusCHHANGUR PRASAD SETH

1996 INSC 185Appeal(s) allowed

Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession …

STATE OF ORISSAversusRAJAKISHORE DAS

1996 INSC 186Appeal(s) allowed

The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR.versusLADULAL MALI

1996 INSC 187Appeal(s) allowed

The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. …

SABITRI DEI AND ORS.versusSARAT CHANDRA ROUT AND ORS.

1996 INSC 167Appeal(s) allowed

The decree-holder, a deceased intermediary, obtained a decree for possession of an estate in 1965, but the estate had been vested in the State of Orissa by a notification under Section 3(1) of the Orissa Estate Abolition Act in 1963. The judgment debtor filed a Section 47 CPC objection, and the …

NITYANAND SHARMA AND ANR.versusSTATE OF BIHAR AND ORS .

1996 INSC 165Dismissed

The appellants, two assistant teachers belonging to the Lohar caste, claimed that they were a Scheduled Tribe under the Scheduled Castes and Scheduled Tribes Order, 1950 (as amended in 1976) and sought promotion under the ST quota. They relied on the Hindi version of the Schedule, which listed …

SURENDRA KUMARversusPHOOLCHAND (DEAD) THROUGH LRS. AND ANR.

1996 INSC 168Dismissed

The appellant Surendra Kumar purchased 25.12 acres of land in 1961 in his name, with his grandfather acting as guardian, and the land was later acquired by the government for an industrial area. An award under Section 11 of the Land Acquisition Act, 1894 granted compensation to the appellant, but …

INDIAN ALUMINIUM CO. ETC. ETC.versusSTATE OF KERALA AND ORS.

1996 INSC 169Dismissed

The petitioners challenged the Kerala Electricity Surcharge (Levy and Collection) Act, 1989, alleging that it imposed a tax on the supply of electricity beyond the State's legislative competence and that Section 11, which retrospectively validated earlier surcharges, infringed judicial power. The …

V.P. SHRIVASTAVA AND ORS.versusSTATE OF M.P. AND ORS.

1996 INSC 170Appeal(s) allowed

The appellants, direct recruits appointed as Assistant Directors of Industries on 29‑09‑1980 under the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1965, challenged a seniority list that placed ad‑hoc promotee respondents, appointed on 27‑09‑1980 without Public Service …

SMT. PUTTAHONNAMMAversusC. GANGADHARA MURTHY AND ORS.

1996 INSC 172Appeal(s) allowed

The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, …

STATE OF RAJASTHANversusSEVA RAM AND ORS.

1996 INSC 173Disposed off

The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s …

MUNICIPAL COMMITIEE, ABOHARversusREGIONAL COMMISSIONER, E.S.I. CORPN. AND ANR.

1996 INSC 174Appeal(s) allowed

The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the …

SURINDER KUMAR AND ANR.versusISHWAR DAYAL AND ANR.

1996 INSC 175Appeal(s) allowed

The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been …

ST ATE OF MAHARASHTRA ETC.versusDIGAMBAR BHIMASHANKAR TANDALE AND ORS. ETC.

1996 INSC 176Case Partly allowed

The Supreme Court considered the compensation payable for 12.5 acres of land acquired by the State of Maharashtra for extending a thermal power station. The original award fixed Rs 3,000 per acre, later enhanced on a per‑square‑foot basis, which the Court held to be illegal. It ruled that …

SUB-DIVISIONAL INSPECTOR OF POST, VAIKAM AND ORS. ETC.versusTHEYYAM JOSEPH ETC.

1996 INSC 177Dismissed

The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are …

P.K. KUTTY AHUJA RAJA AND ANR.versusSTATE OF KERALA AND ANR.

1996 INSC 162Dismissed

The Agricultural Income Tax Officer assessed Rs 84,788.78 for the period 1956‑58, which was quashed by the Kerala High Court on 1 January 1968, limiting liability to a 1/693 share of the estate. The appellants filed a suit in 1974 to recover amounts already paid by successors; the trial court …

GRAM PANCHAYAT VILLAGE SUFIPINDversusSTATE OF PUNJAB THROUGH SECRETARY AND ORS.

1996 INSC 163Appeal(s) allowed

The Gram Panchayat of Sufipind claimed that plot No.71 was a pathway vested in it under Section 4(2) of the Punjab Village Common Land (Regulation) Act, 1961. An application for realignment of the plot was filed in 1974, long after the consolidation proceedings had been completed in 1959. The …

SURAIN SINGH (DEAD) BY LRS. AND ORS.versusMEHENGA (DEAD) BY LRS.

1996 INSC 164Dismissed

The appellants challenged a sale deed dated 29 September 1959, alleging that it was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit, finding the deed valid; the first appellate court reversed that finding, holding that adequate consideration had …

C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.

1996 INSC 154Dismissed

The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport …

CHAIRMAN AND MANAGING DIRECTOR, PUNJAB NATIONAL BANKversusRAJENDRA NATH CHAWLA

1996 INSC 155Appeal(s) allowed

The appellant bank promoted the respondent officer to MMG Scale II on the condition that he serve two years in a rural branch, and barred any officer who refused such posting from promotion for two years. The respondent refused the rural posting in 1990, later cancelled a subsequent posting in 1992, …

U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL

1996 INSC 156Dismissed

The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years …

RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.

1996 INSC 148Appeal(s) allowed

The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was …

STATE OF HARYANAversusCHANDRA MANI AND ORS.

1996 INSC 150Appeal(s) allowed

The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" …

KESAR SINGH AND ORS.versusSADHU

1996 INSC 139Appeal(s) allowed

The respondents filed a suit in 1978 to recover possession of land based on a 1924 declaratory decree that arose from a customary right to contest alienation under the Punjab Custom (Power to Contest) Act, 1921. The appellants, who had purchased the land, challenged the decree, arguing that the 1973 …

SATISH KUMARversusTHE JALANDHAR IMPROVEMENT TRUST, JALANDHAR AND ANR.

1996 INSC 140Dismissed

The petitioner, Satish Kumar, challenged his appointment as Pumpset Operator by the Jalandhar Improvement Trust, claiming entitlement to equal pay under Article 39(d) and Article 14 of the Constitution. He argued that despite lacking the minimum qualification prescribed for the post, he performed …

STATE OF HARYANAversusPALA AND ORS.

1996 INSC 141Appeal(s) allowed

In December 1989, the deceased Rati Ram was attacked by two accused who struck him with musals on the head and body, causing multiple injuries. He died five days later from septicaemia that the autopsy report linked to the head injury, which was deemed sufficient to cause death in the ordinary …

MALKIAT SINGHversusSTATE OF PUNJAB AND ORS.

1996 INSC 142Appeal(s) allowed

Malkiat Singh, a police constable appointed on 20 April 1990, was discharged on 22 July 1992 on the grounds of prolonged absence and alleged irregular attendance, which the authorities claimed demonstrated his inefficiency. The record showed three instances of absence: a six‑hour tardiness on 10 …

DR. P.N. PURI AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 143Dismissed

The petitioners, who were employees of urban local bodies, filed a writ petition seeking equal pay on par with Medical Officers at a scale of Rs. 2200‑4000 and arrears dating back to 1986. The Anomaly Committee had recommended that such employees be placed on the said pay scale, effective from 7 …

KARAM SINGHversusSTATE OF PUNJAB & ANR.

1996 INSC 144Dismissed

Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. …

S.C. MANDAKKI ETC.versusTHE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICE ETC.

1996 INSC 145Dismissed

The appellant, appointed as a Junior Laboratory Technician on 3 May 1979, voluntarily transferred to the post of First Divisional Assistant on 28 October 1986 within the same department. He sought an advance increment under Karnataka Civil Services (Time Bound Advancement) Rules, 1983, which is …

STATE OF U.P. AND ANR.versusRAJENDRA SINGH

1996 INSC 132Appeal(s) allowed

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

STATE OF MADHYA PRADESHversusS.S. AKOLKAR

1996 INSC 134Appeal(s) allowed

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

STATE OF U.P.versusBANKE SINGH AND ANR

1996 INSC 135Appeal(s) allowed

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

S. SWVIGARADOSSversusZONAL MANAGER, F.C.I.

1996 INSC 136Dismissed

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

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 121Dismissed

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

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

1996 INSC 129Appeal(s) allowed

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

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

1996 INSC 122Disposed off

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

STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM

1996 INSC 123Appeal(s) allowed

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

STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.

1996 INSC 124Appeal(s) allowed

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

RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.

1996 INSC 125Appeal(s) allowed

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

STATE OF RAJASTHANversusRAM NARAIN AND ORS.

1996 INSC 116Appeal(s) allowed

The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a …

SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.

1996 INSC 117Granted

The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities …

THE STATE OF PUNJAB AND ANR.versusDHARAM PAUL AND ORS.

1996 INSC 109Appeal(s) allowed

The State of Punjab appealed a Punjab & Haryana High Court order that had allowed a group of industrial training institute instructors to have their salaries stepped up to match those of junior instructors who were receiving higher pay. Prior to 1961 all instructors were on a uniform pay scale, but …

UNION OF INDIA AND ORS.versusSMT. DARSHNA DEVI

1996 INSC 112IA disposed

The Supreme Court had earlier disposed of an appeal and dismissed review petitions filed against its order. Subsequently, the parties filed applications seeking clarification and modification of that order, claiming the Court's inherent power. The Court examined whether such applications could be …

M/S ELECTRONICS TRADE AND TECHNOLOGY DEVELOPMENT CORPN., LTD., SECUNDERABADversusM/S. INDIAN TECHONOLOGISTS AND ENGINEERS (ELECTRONICS) PVT. LTD. ANR.

1996 INSC 114Appeal(s) allowed

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque dated 30‑06‑1990 was dishonoured due to insufficient funds and that the drawer had instructed the bank to stop payment, as indicated by the bank’s endorsement. A notice demanding payment …

STATE OF HARYANA AND ORS.versusD.L. UPPAL

1996 INSC 106Appeal(s) allowed

The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending …

AHMEDABAD MUNICIPAL CORPN. ETC. ETC.versusSHARDABEN AND ORS. ETC. ETC.

1996 INSC 107Dismissed

The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the …

STATE OF BIHARversusSRI RA.IENDRA AGRAWALLA

1996 INSC 94Appeal(s) allowed

The police seized a truck loaded with stolen railway track pieces and recorded a report, treated as an FIR, alleging that the goods were loaded from the factory of Rajendra Agarwalla. A charge‑sheet was filed and the magistrate took cognizance of an offence under Section 414 IPC. The respondent …

M/S. MURLIDHAR SHYAMLAL AND ANR .versusSTATE OF ASSAM

1996 INSC 97Dismissed

Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued …

RADHIKA DEVIversusBAJRANGI SINGH AND ORS.

1996 INSC 98Dismissed

The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was …

SH. S.V. BHIMA BHATIA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.

1996 INSC 99Disposed off

The appellants, government servants who continued in service beyond the normal superannuation age due to a fluctuation in the retirement age, claimed that their pension should be calculated on the basis of the age of 60, including the residue period they served. The State argued that pension should …

AFZAL AND ANR.versusSTATE OF HARYANA AND ORS.

1996 INSC 84Disposed off

Two minor boys were illegally detained by police to coerce a criminal suspect. The Supreme Court ordered the police to file counter‑affidavits denying the detention, but the affidavits were later found to be false and the signature of Superintendent M.S. Ahlawat was forged by a head constable on …

PANNALAL BANSILAL PITTI AND ORS. ETC.versusSTATE OF ANDHRA PRADESH

1996 INSC 85Disposed off

The petitioners, hereditary trustees of several Hindu charitable and religious institutions in Andhra Pradesh, challenged Sections 15, 16, 17, 29(5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, alleging violations of Articles 14, 15, 25 and 26 …

KARNATAKA PUBLIC SERVICE COMMISSIONversusP.S. RAMAKRISHNA

1996 INSC 80Appeal(s) allowed

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not …

STATE OF TAMIL NADU AND ORS.versusL. KRISHNAN AND ORS.

1996 INSC 83Disposed off

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a …

THE SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusV.T. VELU AND ORS.

1996 INSC 78Appeal(s) allowed

The Special Land Acquisition Officer sought to acquire 1 acre 6 guntas of land for defence purposes. The land was requisitioned in 1965 and rentals were fixed at Rs 4 per sq ft under the Acquisition and Requisition of Immovable Property Act, 1952. The Collector’s award under the Land Acquisition …

KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. AND ORS.versusATTAH KASIM AND ORS.

1996 INSC 79Dismissed

The Supreme Court examined a civil appeal challenging a preliminary decree for partition of the Konchukakkada property. The trial court had placed the burden of proof on the plaintiffs, a view corrected by the appellate court, but the appellate court failed to properly consider key documentary …

THE STATE OF MADHYA PRADESHversusHLRALAL AND ORS.

1996 INSC 66Appeal(s) allowed

The State of Madhya Pradesh acquired land belonging to Hiralal and others and the respondents claimed compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, which purported to provide enhanced compensation and solatium. The High Court had allowed their claim, but the State …

M. V. K.GUNDARAOversusREVENUE DIVISIONAL OFFICER, (L.A.O.), NARASARAOPET

1996 INSC 67Dismissed

The case concerned compensation for land acquired under the Land Acquisition Act, 1894 for a telephone exchange in Narasaraopet. The acquisition officer initially awarded Rs 40 per square yard, which was enhanced to Rs 75 per square yard by the Subordinate Judge on the basis of four sale deeds …

RAMESH SINGH (DIED) BY L.RS. AND ORS.versusSTATE OF HARYANA AND ORS.

1996 INSC 68Dismissed

The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree …

IMPROVEMENT TRUST, SANGRURversusGURJJT SINGH SANDHU AND ORS.

1996 INSC 69Appeal(s) allowed

The case concerned an appeal by Improvement Trust, Sangrur against Gurjjt Singh Sandhu and others under the Land Acquisition Act, 1894. The dispute centered on whether the respondents were entitled to the additional amount provided under Section 23(1A) of the Act, as amended by Act 68 of 1984. The …

MEDICAL COUNCIL OF INDIA AND ANR.versusTHE STATE OF RAJASTHAN AND ANR.

1996 INSC 70Appeal(s) allowed

The second respondent, who held an M.Sc. in Medical Biochemistry and worked as a professor, applied to be entered in the State Medical Register but was denied because he lacked an MBBS degree. He obtained a writ order from the Rajasthan High Court directing his registration, which was later set …

SMT. NUT.AN ARVINDversusUNION OF INDIA AND ANR.

1996 INSC 71Dismissed

The case concerned Smt. Nutan Arvind, a Central Civil Services officer who was not included in the promotion panel prepared by the Departmental Promotion Committee (DPC) for a vacancy that arose before 12 May 1988. The appellant contended that the DPC had wrongly applied the post‑May 1988 …

RANGANATH PARMESWAR PANDJTRAO MALI AND ANR.versusEKNATH GAJANAN KULKARNI AND ANR.

1996 INSC 58Appeal(s) allowed

The plaintiffs, sons of the deceased Panditrao and his alleged wife Shevantabai, sued for an injunction to protect their possession of a 3.18‑hectare property, claiming they were legal heirs. The trial court accepted the admission that Shevantabai lived with Panditrao as his wife, applied the legal …

UNION OF INDIA AND ORS.versusSMT. SATYAWATI AND ORS.

1996 INSC 60Appeal(s) allowed

The Supreme Court considered appeals filed by the Union of India against High Court orders directing the appointment of an arbitrator under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952. The claimants had not raised any objections to the arbitrator's award …

R.C. CHAWLAversusSTATE OF HARYANA AND ORS.

1996 INSC 61Disposed off

The appellant, R.C. Chawla, was allotted a residential plot by the Haryana Urban Development Authority (HUDA) on the condition that it not be used for commercial purposes. He allegedly used the premises for commercial activity, prompting HUDA to issue a resumption order. The appellant submitted an …

STATE OF HARYANA AND ORS. ETC.versusO.P. GUPTA ETC.

1996 INSC 62Appeal(s) allowed

The respondents, engineers of the Haryana Public Works Department, were given notional promotions based on a seniority list prepared under Rule 9 of the 1970 Service Engineers Rules, with a deemed promotion date of 1 January 1983, but they only assumed the higher posts on 1 December 1992. They filed …

BANK OF BARODAversusR.M. PATWA AND ANR.

1996 INSC 63Appeal(s) allowed

The Bank of Baroda obtained a money decree against R.M. Patwa for Rs 55,000 with interest and filed an execution application. Patwa sought, under Section 151 CPC, to have amounts crediting a third‑party, G.K. Kakkani, adjusted against his decree debt. The Additional District Judge ordered such …

SAM HIRING CO.versusA.R. BHUJBAL AND ORS .

1996 INSC 64Dismissed

The appellant, Sam Hiring Co., a tenant occupying a shed in City Survey No. 56, challenged the acquisition of its premises under the Maharashtra Housing and Area Development Act, 1976, arguing that the structure was an independent, non‑cess‑payable building and therefore exempt from demolition. It …

SMT. RAJNIBAI @ MANNUBAIversusSMT. KAMLA DEVI AND ORS.

1996 INSC 65Appeal(s) allowed

The appellant filed a suit for declaration of title to a property and simultaneously applied under Order 39 Rules 1 and 2 of the CPC for a temporary injunction to protect his possession. The trial court granted the injunction, but the High Court reversed the order, holding that where there is no …

STATE OF JAMMU AND KASHMIRversusDR. ASHOK KUMAR GUPTA AND ORS.

1996 INSC 51Appeal(s) allowed

The State of Jammu & Kashmir appealed against a High Court order that had refused to condone a three‑month delay in filing an appeal against a promotion order for certain lecturers. The lecturers had been appointed on a regular basis but had not completed the seven years of regular service required …

SH.MULKRAJversusSH. SUNDER DAS AND ORS.

1996 INSC 52Disposed off

The appellant, who had obtained possession of certain plots in New Delhi, filed a suit for a mandatory injunction against the third respondent, which became final. Subsequently, the appellant and the first two respondents each purchased a one‑third share of the property, leading to a partition suit …

STATE OF KARNATAKA AND ORS.versusB.S. NANJUNDAIAH

1996 INSC 53Appeal(s) allowed

The State of Karnataka filed a land acquisition proceeding against B.S. Nanjundaiah under the Land Acquisition Act, 1894. A notification under Section 4(1) was published on 6 December 1973 and a declaration under Section 6 on 3 February 1975, but the respondent challenged them for lack of an enquiry …

NARANBHAI DAYABHAI PATEL AND ANR.versusSULEMAN ISUBJI DADABHAI

1996 INSC 54Appeal(s) allowed

The appellants, Naranbhai Patel and another, became deemed purchasers of agricultural land under Section 32 of the Bombay Tenancy & Agricultural Lands Act, 1948, effective 1 April 1957. The respondent, the former landowner, executed a trust deed and registered it under the Bombay Public Trusts Act, …

SMT. AFSAR JAHAN BEGUM ETC.versusSTATE OF MADHYA PRADESH AND ORS. ETC.

1996 INSC 55Dismissed

The petitioners, private bus operators, sought to ply their vehicles on routes intersecting notified routes, invoking a modification under Section 102(2) of the Motor Vehicles Act, 1988 that relaxes the distance restriction to 25 kilometres. The State Government had issued a notification allowing …

STATE OF UTTAR PRADESH AND ORS.versusDR. RAMESH PRASAD

1996 INSC 56Appeal(s) allowed

Dr. Ramesh Prasad, a teacher at Moti Lal Nehru Medical College (a college maintained by the Uttar Pradesh Government), filed a writ petition seeking to remain in service until the age of 60, the superannuation age prescribed for university teachers under the U.P. State University Act. The Allahabad …

MIS NATIONAL ALUMINIUM CO. LTD.versusRAJ KISHORE @ SAHU JENA AND ANR.

1996 INSC 41Appeal(s) allowed

The appellant, Mis National Aluminium Co. Ltd., sought to enforce its right as a beneficiary of compensation under the Land Acquisition Act, 1894, in pending proceedings before the Sub‑Judge of Angul. The respondents, Raj Kishore @ Sahu Jena and others, were served notice but failed to appear. The …

GHAZIABAD DEVELOPMENT AUTHORITYversusJAN KALYAN SAMITI, SHEOPURI, GHAZIABAD AND ANR.

1996 INSC 42Appeal(s) allowed

The Ghaziabad Development Authority (GDA) acquired land by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 25‑02‑1986 and a declaration under Section 6 on 26‑02‑1986, both of which were published together on 10‑04‑1986. The respondents challenged the acquisition, …

KESHABO AND ANR.versusSTATE OF M.P. AND ORS.

1996 INSC 31Dismissed

The appellants purchased Bhumiswami rights of tribal land from Somu Gond in 1960. Section 165(6) of the Madhya Pradesh Revenue Code requires prior permission from a Collector before such alienation to a non‑tribal person, and no permission was obtained. The Board of Revenue held the sale void, a …

RAMESH CHANDRA TIWARI AND ANR.versusU.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND ORS.

1996 INSC 32Disposed off

The Supreme Court considered an appeal by Ramesh Chandra Tiwar and another against the U.P. Avas Evam Vikas Parishad concerning land acquisition under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The key issue was whether Section 6 of the Land Acquisition Act, 1894 and the 1984 Amendment Act …

A.J. JOSEPHversusUNION OF INDIA AND ORS.

1996 INSC 33Dismissed

A.J. Joseph, a Head Compounder posted in the Andaman & Nicobar Islands, appealed against the Government's refusal to grant him a higher scale of pay under Fundamental Rule 9(25) clause 7(iii). The Central Administrative Tribunal had held that prescribing a higher pay scale was a policy decision …

CENTRAL BUREAU OF INVESTIGATIONversusNAZIR AHMED SHEIKH

1996 INSC 24Appeal(s) allowed

Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year …

MRS. VALSAMMA PAUL ETC.versusCOCHIN UNIVERSITY AND ORS. ETC.

1996 INSC 16Dismissed

The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled …

RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.

1996 INSC 18Dismissed

The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the …

OMKAR NAMDEO JADHAO AND ORS.versusSECOND ADDITIONAL SESSIONS JUDGE BULDANA AND ANR.

1996 INSC 19Appeal(s) allowed

The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC …

MEETHIYAN SIDHIQUversusMUHAMMED KUNJU PAREETH KUTTY AND ORS.

1996 INSC 2Dismissed

The case concerned a sale of immovable property belonging to a Muslim minor, whose father had died. The mother, acting as guardian, executed the sale to the appellant in 1949. The question before the Supreme Court was whether, under Muslim law, the mother could be a legal guardian of the minor’s …

CANTONMENT BOARD AND ANR.versusMOHANLAL AND ANR.

1996 INSC 1Appeal(s) allowed

The appellant Cantonment Board issued notices under Sections 85, 256 and 185 of the Cantonment Act, 1924 demanding demolition of illegal construction on the respondent’s property. The respondent continued construction, filed a representation, and later filed a writ petition alleging violation of …

SIKH NEWSPAPER LTD.versusD.M. JALANDHAR AND ORS.

1996 INSC 3IA disposed

Sikh Newspaper Ltd., a newspaper company, was unable to function due to a deadlock among its shareholders. The Supreme Court had earlier ordered an arbitrator to determine the genuine shareholders as of 10‑Nov‑1987 and to fix a date for a general body meeting, directing the company to convene the …

DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.versusTHE STATE OF BIHAR AND ORS. ETC.

1996 INSC 4Appeal(s) allowed

The appellant was appointed temporarily as a medical officer in March 1966, then drafted as a commissioned officer in the Army during a national emergency, and later regularized as a Civil Assistant Surgeon on 6 September 1966. The respondents were appointed temporarily on 29 September 1964 and …

KRISHNA KUMAR AGRAWAL AND ORS.versusJAI KUMAR JAIN AND ANR.

1996 INSC 5Disposed off

The case arose from a decree of the trial court directing the defendants to remove a wall that obstructed the plaintiffs' light and air, with a requirement to maintain a three‑foot setback from the northern wall. The appellants argued that the decree, if given a literal meaning, required demolition …

SHRI M.L. JAGGIversusMAHANAGAR TELEPHONES NIGAM LTD. AND ORS.

1996 INSC 6Appeal(s) allowed

M.L. Jaggi challenged three telephone bills issued by Mahanagar Telephones Nigam Ltd. The dispute was referred to arbitration under Section 7B of the Indian Telegraph Act, 1985, which makes the arbitrator's award conclusive and not open to court challenge. The arbitrator awarded the bills with a …

STATE OF MADHYA PRADESH AND ORS.versusKESHAV

1996 INSC 7Appeal(s) allowed

The respondent, an Agriculture Engineer, was alleged to have committed misconduct and, after retiring on superannuation on 31 July 1982, a disciplinary inquiry was initiated on 28 July 1984. He challenged the jurisdiction of the Government to prosecute a retired servant, arguing that the Governor …

U. P. KATTHA FACTORIES ASSOCIATIONversusTHE STATE OF U.P. AND ORS.

1996 INSC 8Dismissed

The appellant, an association of small‑scale Khair‑wood based industries, challenged a government policy that imposed a complete ban on registration of such units after 11 December 1986, arguing that it discriminated against units registered after that date and violated Article 14 of the …

DEPUTY DIRECTOR (MINERALS), DALONTGUNJ CIRCLE ETC.versusMUSTAK ALI AND ORS.

1996 INSC 9Appeal(s) allowed

The Supreme Court considered appeals by the Deputy Director (Minerals), Dalantgunj Circle and related officials against a Patna High Court order directing them to appoint candidates for Class III and IV posts from a list prepared by the Deputy Commissioner/District Magistrate. The appellants argued …

PUNJAB STATE ELECTRICITY BOARD PATIALA AND ANR.versusSAWINDER SINGH

1996 INSC 10Dismissed

The Punjab State Electricity Board (PSU) was directed to consider the promotion of Sawinder Singh as on 14 November 1986, after the Board had abolished its quota system and adopted a seniority‑cum‑merit principle. The Board appealed, arguing that the date of consideration was irrelevant because the …

DEEPversusSTATE OF RAJASTHAN AND ORS.

1995 INSC 908Appeal(s) allowed

The appellant, Deepa, was originally accepted as a tenant of a parcel of land that formed part of a former jagir. The respondent, Ram Chandra, sought her eviction under Section 177 of the Rajasthan Tenancy Act, 1955, but the suit was dismissed because the jagir had been abolished by the Rajasthan …

STATE OF KERALAversusM.M. ABDUL KHADER

1995 INSC 909Appeal(s) allowed

The State of Kerala appealed a Kerala High Court judgment that had allowed claimants to receive additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. The sole question was whether the respondents were entitled to this additional amount given that the Collector's award was …

CONSTABLE DAVINDER SINGH AND ORS.versusSTATE OF HARYANA AND ORS.

1995 INSC 910Dismissed

The appellants, six of the forty candidates who appeared for the constable selection, challenged the selection process alleging lack of fairness, ministerial interference, and that some selected candidates had previously served as gunmen for VIPs. The selection committee, comprising three officers, …

UNION OF INDIA AND ORS.versusB.N. SINGH AND ORS.

1995 INSC 911Dismissed

The Union of India appealed to the Supreme Court under Article 136 against an order of the Central Administrative Tribunal (CAT) that had given certain directions to the respondent officer. The Court examined the service record of the first respondent, noting that his career was outstanding both …

UNION OF INDIAversusDULAL CHANDRA GHOSH AND ORS.

1995 INSC 912Dismissed

The land in question was notified for acquisition under Section 7 of the Requisition and Acquisition of Immovable Property Act, 1952 and an award was made by the Collector in 1973. The respondents refused to accept the award and, under Section 8(3) read with Rule 9, applied for the appointment of an …

MAHESH KUMAR AGALversusDIRECTOR GENERAL OF POLICE AND ANR.

1995 INSC 913Dismissed

The appellant, Mahesh Kumar Agal, a police officer, sought seniority based on his passing of the mandatory Hindi proficiency test, which was a prerequisite for promotion under the service rules. The Madhya Pradesh Administrative Tribunal rejected his claim, holding that his seniority should not be …

KAVERI ENGINEERING INDUSTRIES LTD.versusUNITED SHIPPING CORPORATION LTD. AND ANR.

1995 INSC 914Appeal(s) allowed

Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs …

STATE OF ORISSA AND ANR.versusSRI DAMODAR DAS

1995 INSC 904Appeal(s) allowed

The State of Orissa appealed against the appointment of an arbitrator under Sections 8 and 20 of the Arbitration Act, 1940, filed by contractor Sri Damodar Das. The Supreme Court examined whether Clause 25 of the water‑supply contracts, which made the decision of the Public Health Engineer final, …

UNION OF INDIA (RAILWAY BOARD) AND OTHERSversusJ.V. SUBHAIAH AND OTHERS ETC.

1995 INSC 905Appeal(s) allowed

The respondents, employed by Railway Employees' Consumer Co-operative Stores registered under the Andhra Pradesh Co-operative Societies Act, 1964, sought declaration from the Central Administrative Tribunal (CAT) that they were regular railway employees in Class‑III posts entitled to salary, …

CHAMELI SINGHversusTHE STATE OF U.P.

1995 INSC 906Dismissed

The appellants, owners of land in Bairam Nagar, Uttar Pradesh, challenged a notification under Section 4 of the Land Acquisition Act, 1894 dated 23 July 1983, which, together with a declaration under Section 6, invoked the urgency clause of Section 17(4) and dispensed with the inquiry required by …

BALKRISHNA PANDEYversusSTATE OF BIHAR AND ORS.

1995 INSC 894Disposed off

Balkrishna Pandey, a Junior Statistical Supervisor, was appointed on deputation to a temporary post of Senior Statistical Assistant in the Directorate of Special Employment and Planning. When the temporary post was made permanent, Pandey was reverted to his parent department, while another employee …

STATE OF RAJASTHAN AND ORS.versusRAMESHWAR LAL GAHLOT

1995 INSC 895Appeal(s) allowed

The respondent was appointed on a temporary basis for three months or until a regular incumbent assumed office, but his appointment was terminated after 240 days. A writ petition challenged the termination, and a Single Judge held that the termination violated Section 25F of the Industrial Disputes …

STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.

1995 INSC 896Dismissed

The Supreme Court examined two appeals filed by the State of Uttar Pradesh and aggrieved persons challenging the ceiling area determined under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The appeals arose while proceedings to determine surplus land were pending. Before …

KARANPURA DEVELOPMENT COMPANY LTD.versusUNION OF INDIA

1995 INSC 898Appeal(s) allowed

Karanpura Development Company Ltd obtained a 999‑year mining lease in 1946, which was terminated when the Bihar Land Reforms Act, 1950 came into force. The company claimed compensation under Section 4(1) of the Coal Bearing Areas (Acquisition & Development) Act, 1957, relying on a 1963 notification …

VISWANATH (DEAD) BY LR.versusCHANDRA BHAN AND ORS.

1995 INSC 888Appeal(s) allowed

The appellant, Viswanath (deceased) by LRs, sought ejectment of the respondent who occupied land under a mortgage executed by Hanuman Singh, the brother‑in‑law of a minor, before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force. The Assistant Collector and Board of Revenue …

UNION OF INDIA & ORS.versusMRS. SAROJ BALA

1995 INSC 890Appeal(s) allowed

Mrs. Saroj Bala, a civil servant, had her date of birth recorded as 4 April 1949 in university records and consequently in her service record when she joined the All India Revenue Service in 1972. After 18 years of service, she sought to correct her date of birth to 5 April 1950, obtaining a birth …

KALYANversusGORAKH

1995 INSC 891Disposed off

The appellant purchased agricultural land from the erstwhile landlord, who was a protected tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950. The respondent, the protected tenant, filed a suit claiming rights over the land. The High Court appointed a receiver and ordered the …

KALIDAS UMEDRAM AND ORS.versusSTATE OF GUJARAT AND ANR.

1995 INSC 892Dismissed

The appellants were allotted 2 acres 9 guntas of land for agricultural purposes on the condition that it could not be used for any other purpose without written permission. They sold a portion of the land for building purposes and applied for permission to use the land for non‑agricultural purposes, …

MALIKARJUNAPPA SHIVMURTHAPPA SINCE DECEASED BY HIS HEIRSversusSTATE OF MAHARASHTRA

1995 INSC 881Dismissed

The appellant's truck was seized by police for non‑payment of tax under the Motor Vehicles Act. The trial court held the seizure illegal due to the officer's alleged incompetence but denied damages, citing the appellant's contributory negligence. The High Court reversed, finding the officer …

UNION OF INDIA AND ANR.versusM/S. MURUGAN TALKIES

1995 INSC 882Disposed off

The Union of India challenged the validity of Sections 24 and 25 of the Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 and a 1986 notification requiring employers and employees to contribute to a provident fund. The Madras High Court upheld the Act but ordered the …

DHARAMDEOversusBIJARAT AND ORS.

1995 INSC 883Dismissed

The Supreme Court examined the constitutional validity of the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972, which sought to eliminate letter‑patent appeals in land‑reform matters. Petitioners contended that the Act exceeded State legislative competence, violated …

UNION OF INDIAversusSH. GANSHYAM DASS KEDIA AND ORS.

1995 INSC 884Case Partly allowed

The Birla Cotton Spinning and Weaving Mill had earmarked three acres for staff quarters in 1951; after the mill became non‑functional, its employees bought the land for residential use. The land was later included in a planned‑development acquisition under sections 17(1) and 17(4) of the Land …

SULTAN SINGHversusSTATE OF HARYANA AND ANR.

1995 INSC 885Disposed off

The appellant, a workman, was terminated and his demand for reinstatement was rejected. He applied to the State Government for a reference of the dispute under Section 10(1) of the Industrial Disputes Act, 1947; the first application was refused and a second application was also rejected on the …

STATE OF KERALA ETC.versusVARKEY MATHEW AND ORS. ETC.

1995 INSC 887Appeal(s) allowed

The deceased Varkey Mathew died in 1973 without filing the statement of excess land required under Sections 85(2) and 85(3A) of the Kerala Land Reforms Act, 1964. The State initiated proceedings under Section 85(7) against his successors-in-interest, but the Taluk Land Board later cancelled the …

DR. V.P. MALIK AND ORS.versusUNION OF INDIA

1995 INSC 862Dismissed

The petitioners, members of the teaching specialist sub‑cadre of the Central Health Service, challenged the Government’s decision to implement the Tikoo Committee’s recommendation on promotion from the Rs 3,700‑5,000 scale to the Rs 4,500‑5,700 scale with a cut‑off date of 1 December 1991, alleging …

LAND ACQUISITION OFFICER, PUNJABversusANUDEEP KAUR AND ORS.

1995 INSC 864Appeal(s) allowed

The State Government appealed a High Court decision that had dismissed its civil revision against a civil court award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The award by the Land Acquisition Officer was dated 30 July 1981, before the amendment (Act 68 of …

SATE OF HARYANAversusTRILOK CHAND AND ORS. ETC. ETC.

1995 INSC 865Dismissed

The State of Haryana appealed against an award granted in a dispute with Trilok Chand and others. The High Court had earlier ordered the parties to bring their legal representatives on record within a specified period. The appellant failed to comply with this direction, and no steps were taken to …

STATE OF WEST BENGAL AND ANR.versusBANDAN BAYEN AND ORS.

1995 INSC 854Appeal(s) allowed

The State of West Bengal recruited candidates for the post of Lower Division Clerk (LDC) in district and sub‑divisional offices under the West Bengal Board's Miscellaneous Rules, 1955, which required a minimum typing speed of 30 words per minute. Forty‑four respondents who failed the typing test …

GANGAL RAMversusSTATE OF HARYANA AND ORS.

1995 INSC 855Disposed off

In December 1992 the State of Haryana conducted an examination for Road Inspectors, declaring two candidates selected on 1 January 1993. Subsequently, on 16 July 1993, fourteen additional candidates were appointed by promotion, allegedly without any selection process and possibly involving bribes. …

BAHADUR SINGH NARODA AND ORS.versusSTATE OF M.P. ORS.

1995 INSC 856Dismissed

The appellants, who were holding certain posts, filed an appeal against a decision of the Madhya Pradesh State Administrative Tribunal that ordered them to be continued in their positions until regularly selected candidates were appointed and took charge. The State filed a counter‑affidavit stating …

MARY JOHNYversusUNION OF INDIA

1995 INSC 857Dismissed

Mary Johny, a Group C employee of Doordarshan Kendra in the Maharashtra‑Goa‑Dadar‑Nagar Haveli region, challenged her promotion and transfer to Akashvani (All India Radio) within the same region, contending that she had elected to remain with Doordarshan when the two services were bifurcated in …

THE STATE OF MAHARASHTRAversusDEORAO AND ANR. ETC.

1995 INSC 858Disposed off

The State of Maharashtra appealed against a Tribunal order concerning daily‑wage workers in the Forest Department who sought regular absorption after eight years of service. The State had framed a scheme prescribing minimum education, age (28 years, with a 5‑year relaxation for backward classes) and …

KARUNA LAHIRIversusGAUTAM KUMAR CHAKRABORTY AND ORS.

1995 INSC 859Dismissed

The appellant, Karunalahiri, and the first respondent, Gautam Kumar Chakraborty, were initially appointed on an ad‑hoc basis in the Orissa State Law Department. A selection committee placed the respondent at serial No. 1 and the appellant at serial No. 3, with confirmation to be made by the State …

SITA DEVI WD/O MUKAND LALversusSTATE OF HARYANA AND ANR.

1995 INSC 860Disposed off

Sita Devi, widow of Mukand Lal, appealed against the State of Haryana challenging the award of compensation for land acquired under the Land Acquisition Act, 1894. The Collector’s award (26‑Nov‑1976) and the reference court’s award (10‑Jan‑1985) raised questions about entitlement to solatium, …

BAHADURGARH FLAT HOLDERS ASSOCIATIONversusTHE STATE OF HARYANA AND ANR.

1995 INSC 848Disposed off

The Supreme Court examined an allotment of free‑hold plots in Sector‑6, Bahadurgarh made under the Punjab Urban Estates (Development & Regulation) Act, 1964 and the Punjab Urban Estates (Sales of Sites) Rules, 1965. The allotment required an initial 25% payment and allowed the balance to be paid in …

P. VENKATARAJUversusSPECIAL TEHSILDAR (LAND ACQUISITION)

1995 INSC 849Dismissed

The appellant's land was acquired for the Vengalarayasagar Project under a notification issued on 20 September 1979 pursuant to section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 10,000 per acre, but the Subordinate Judge, on reference …

SANJAY INDUSTRIAL AND ENGINEERING COMPANYversusTHE STATE OF BIHAR AND ORS.

1995 INSC 850Dismissed

The appellant, Sanjay Industrial and Engineering Co., challenged a decision of the State Government before the Supreme Court, raising two main points. First, it contended that a letter dated 5 July 1979 should be treated as an integral part of an agreement dated 17 July 1979, thereby creating an …

PATEL NATWARLAL RUPJIversusSHRI KONDH GROUP KHETI VISHAYAK AND ANR

1995 INSC 851Dismissed

The petitioner sought a declaration and injunction to prevent the attachment and sale of land that had been attached to satisfy a monetary award against the respondent society. He relied on Section 53-A of the Transfer of Property Act, claiming that an agreement of sale executed after the attachment …

ABDUL MANNAN AND ORS.versusSTATE OF WEST BENGAL

1995 INSC 837Dismissed

The appellants, eleven persons charged with offences including murder under s.302 IPC, were juveniles at the time of the alleged crime and were therefore required to be tried by a Juvenile Court under the West Bengal Children Act, 1959. No Juvenile Court had been constituted, and the trial was …

SMT. VIRAJ KUNWAR AND ORS.versusII ADDL. DISTT. JUDGE AND ORS.

1995 INSC 838Dismissed

The husband, a tenure‑holder under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, surrendered surplus agricultural land. His wife, who had been judicially separated from him since 1973, claimed that she and their minor children should be treated as a separate holding, allowing her to …

NARENDRA NATH SINHAversusSTATE OF U.P. AND ORS.

1995 INSC 839Disposed off

The appellant, a senior Assistant Engineer in the Uttar Pradesh Public Works Department, was promoted ad‑hoc to Executive Engineer on 12 July 1979 and regularised on 30 June 1980. He filed a writ petition on 29 September 1980 challenging the seniority list of Assistant Engineers. The Allahabad High …

DINAversusTHE FINANCIAL COMMISSIONER, PUNJAB, CHANDIGARH AND ORS.

1995 INSC 840Appeal(s) allowed

The appellant, a tenant, was ordered to be evicted under Section 8 of the Pepsu Tenancy and Agricultural Lands Act (Second Amendment) 1956 after the three‑year minimum tenancy period expired. The lower tribunals held that expiry alone gave the landlord a right to eject. The Supreme Court examined …

COLLECTOR, LAND ACQUISITIONversusGANARAM DHOBA

1995 INSC 828Appeal(s) allowed

The State acquired certain agricultural land of the respondent under Section 4(1) of the Land Acquisition Act, 1894 in 1983 and made an award in 1987. The reference court fixed compensation based on the land's yield, applying a multiplier of 16, which the Orissa High Court affirmed. The State …

P. VEERAPPAversusM.A. MOHAMMED AMANULLA

1995 INSC 829Dismissed

The appellant, a long‑time tenant, entered into a 1959 agreement with the landlord to purchase the premises and later compromised a suit for specific performance, agreeing to pay a higher consideration and arrears of rent. He failed to pay the consideration within the stipulated time, causing the …

UNION OF INDIA AND ANR.versusBABU SINGH AND ORS.

1995 INSC 830Appeal(s) allowed

The Union of India acquired about 1230.8 acres of land in Bhatinda, Punjab under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for defence purposes, and an arbitrator determined compensation in an award dated 19 January 1985. The landowners filed a writ petition in …

HARI PADA KHANversusUNION OF INDIA AND ORS.

1995 INSC 831Dismissed

Haripada Khan, a permanent workman of Indian Oil Corporation, was arrested in connection with a theft of oil and subsequently dismissed under Standing Order No.20‑IV, which permits dismissal without a disciplinary enquiry if the employee is convicted or the General Manager is satisfied that …

GYAN CHANDversusUNION OF INDIA AND ORS.

1995 INSC 832Dismissed

Gyan Chand, a Group B railway officer, was compulsorily retired under Rule 1802 of the Railway Establishment Code. He contended that, because he had not been formally confirmed on the Group B post and was therefore still on probation, the proviso to Rule 1802 should allow him to revert to his …

HARYANA STATE ELECTRICITY BOARDversusSURASTI DEVI

1995 INSC 833Appeal(s) allowed

The Haryana State Electricity Board appealed a High Court decision that had granted a family pension to Surasti Devi, the mother of a deceased government employee, based on Rule 8.35 of the Punjab Civil Services Rules. The Supreme Court examined whether the mother qualified as a dependent under the …

NEW REVIERA CO-OP. HOUSING SOCIETYversusSPECIAL LAND ACQUISITION OFFICER

1995 INSC 834Dismissed

The New Riviera Co‑op Housing Society appealed against the Special Land Acquisition Officer after the land on which its flats stood was acquired for a public purpose under the Land Acquisition Act, 1894. An award was made and compensation of Rs.13,11,299 was paid, but the society filed a reference …

STATE OF HARYANA AND ANR.versusDHAN SINGH

1995 INSC 835Appeal(s) allowed

The State of Haryana appealed a Punjab & Haryana High Court order that had directed the appointment of the brother of a government employee who died while in service on compassionate grounds. The High Court had held the brother eligible for appointment. The Supreme Court examined Rule 6.16‑B(a) of …

MD. NOORUL HODAversusBIBI RAIFUNNISA AND ORS.

1995 INSC 821Dismissed

The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second …

RAJEEV METAL WORKS AND ORS.versusTHE MINERAL METAL TRADING CORPN. OF INDIA LTD.

1995 INSC 822Dismissed

Rajeev Metal Works applied to the District Industry Centre for 300 MT of galvanized steel sheets, which were to be procured by the statutory agency MMTC Ltd. on its behalf. MMTC pooled requirements, placed a consolidated indent with a foreign seller, but could supply only a portion of the quantity; …

GULABRAO KESHAVARAO PATIL AND ORS.versusSTATE OF GUJARAT

1995 INSC 825Dismissed

The appellants challenged the acquisition of land near Surat railway station under the Land Acquisition Act, 1894, after filing objections to the notification. The Revenue Department advised that, considering the objections and a revenue circular, the acquisition could not be sanctioned, while the …

STATE OF PUNJAB AND ORS.versusOM PRAKASH AND ORS.

1995 INSC 820Appeal(s) allowed

The State of Punjab appealed a judgment of the Punjab & Haryana High Court (RA No. 164 of 1992) challenging the same legal question previously decided in State of Punjab & Ors. v. Vinod Kumar & Ors. (Civil Appeal No. 1879 of 1993). The Supreme Court, recalling its earlier order that had allowed the …

SABIR HUSSAIN AND ANR.versusSTATE OF U.P. AND ORS.

1995 INSC 812Dismissed

Sabir Hussain and another appealed against the State of U.P. challenging the validity of a scheme approved under the Motor Vehicles Act, 1939 on the ground that the scheme failed to specify the number of services. The question before the Supreme Court was whether such an omission would render the …

YOGENDRA NARAYAN CHOWDHURY AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 813Dismissed

The Supreme Court considered the classification of mazdoors employed in the military engineering department following the recommendations of the Third Pay Commission. Some workers, after passing a prescribed test, were initially placed in the skilled category but were later re‑fit into the …

STATE OF HIMACHAL PRADESHversusSHRI PIRTHI CHAND AND ANR.

1995 INSC 815Disposed off

The State of Himachal Pradesh charged Shri Pirthi Chand under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after police seized 1.015 kg of charas following a raid based on secret information. The Sessions Judge discharged the accused, holding that the mandatory safeguards …

MUSTAQ ALI KHAN (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1995 INSC 816Disposed off

The appellant, Mustaq Ali Khan (deceased) by his legal representatives, claimed Asami rights over 40.99 acres in Uttar Pradesh after succeeding his disabled son, who had sub‑leased the land to several respondents. The respondents, who had cultivated the land for more than 45 years, asserted Adhivasi …

SMT. KAMALABAI JAGESHWAR JOSHI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 817Dismissed

The appellants’ 62.5‑acre agricultural land was acquired for the extension of the South Eastern Railway Station and an initial compensation of Rs.250 per acre was awarded under the Land Acquisition Act, 1894. The Reference Court enhanced the award to Rs.2,000 per acre and the Bombay High Court …