DR. BALJIT SINGHversusSTATE OF HARYANA
1996 INSC 14509 December 1996Dismissed
Dr. Baljit Singh, a H.C.M.S.-II officer, gave a three‑month notice of voluntary retirement under Rule 5.32(b) of the Punjab Civil Service Rules on 20 September 1993 and handed over his charge on 11 February 1994 without the government's acceptance. The Government declined to accept his retirement because serious crimin…
SMT. SANJUKTA PATTANAIKversusSTATE OF ORISSA AND ORS.
1996 INSC 14519 December 1996Dismissed
Sanjukta Pattanaik was appointed as a clerk in 1974 and later was kept in charge of a teaching post in 1990. She claimed that this temporary charge made her a teacher and filed a writ petition, obtaining provisional approval from the Director of Education in 1992. The State challenged her claim, and the High Court dire…
NASIK MUNICIPAL CORPORATIONversusHARBANSLAL LAIKWANT RAJPAL AND ORS. ETC.
1996 INSC 14529 December 1996Appeal(s) allowed
The case concerned a scheme under the Maharashtra Regional & Town Planning Act, 1966 for reserving land for stables and a road, which was later modified to reserve the same land for informal housing and stables. The original reservation was deleted and a corrigendum restored the status quo ante with a slight modificati…
DR. NARINDER SINGH POONIAversusUNION OF INDIA AND ORS.
1996 INSC 14539 December 1996Disposed off
Dr. Narinder Singh Poonia, a researcher, was conducting a DST‑funded project titled "Chemical, Physico‑Chemical, Structural and theoretical investigations of alkali and alkaline earth cation systems…". The Department of Science and Technology (DST) terminated the grant under condition XIII, which reserves the right to …
THE STATE OF PUNJABversusAVTAR SINGH AND ORS.
1994 INSC 5939 December 1994Appeal(s) allowed
The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition (Amendment) Act, 1984, to …
KARSONDAS VIRJI THAKKAR AND ANR.versusJAGANNATH SOWAR VAITY AND ORS.
1994 INSC 5949 December 1994Disposed off
In Suit No. 252/80 filed by K.V. Thakkar and others, the High Court appointed a Court Receiver to take custody of the disputed property. In a separate Suit No. 983/90 filed by Jagannath Sowar Vaity and others for declaration of title, three successive judges ordered that the same Court Receiver continue to hold the pro…
UNION OF INDIA AND ORS.versusMUNSHA AND ORS.
1995 INSC 7059 November 1995Appeal(s) allowed
The Union of India acquired certain lands under the Requisitioning and Acquisition of Immovable Property Act, 1952 and awarded compensation of Rs. 375 per kanal in 1970. The respondents filed a writ petition in 1986 seeking appointment of an arbitrator; the High Court appointed one who reduced compensation to Rs. 150 p…
ASHOK KUMAR AND ORS.versusTHE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD AND ORS.
1995 INSC 7079 November 1995Dismissed
The Supreme Court examined the recruitment process of the State Bank of India and other nationalised banks, where the Banking Service Recruitment Board prepared a select list containing far more candidates than the vacancies notified. The petitioners argued that this practice violated their constitutional right to cons…
THE STATE OF MAHARASHTRA AND ANR.versusUMASHANKAR RAJABHAU AND ORS.
1995 INSC 7089 November 1995Appeal(s) allowed
The State of Maharashtra sought to acquire about five acres of land for staff quarters, publishing a notification under Section 4(1) of the Land Acquisition Act on 11 September 1970, a declaration under Section 6 on 29 July 1971 and making the award on 15 September 1971. Before the notification, respondents 1‑3 had bou…
MUNI LALversusTHE ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. AND ANR.
1995 INSC 7099 November 1995Dismissed
Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court dismissed the suit for lac…
JAGE RAM AND ORS. ETC.versusUNION OF INDIA AND ORS.
1995 INSC 7109 November 1995Dismissed
The petitioners' lands were acquired by the Government of India for the establishment of a radar, a defence purpose, and they received the compensation due. They filed writ petitions under Article 32 seeking that the Delhi Development Authority allot them alternative sites for constructing houses, arguing that displace…
STATE OF PUNJAB AND ANR.versusCHARANJI LAL GOEL
1996 INSC 11729 October 1996Appeal(s) allowed
Charanji Lal Goel, a Punjab government employee, joined the army in 1963 and was released in 1969. After release he was appointed Taxation Inspector in 1970 and was granted seniority from his army entry date under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965. In 1972 he was directly recru…
SH. HEIKHAM SURCHANDRA SINGH AND ORS. ETC.versusTHE REPRESENTATIVE OF "LOIS" KAKCHING, MANIPUR (A SCHEDULED CASTE UPLIFT BODY) AND ORS.
1996 INSC 11739 October 1996Disposed off
The Supreme Court examined whether residents of villages other than the eight originally listed could claim Scheduled Caste status after the President’s notification under Article 341(1) declared the "Lois" as a Scheduled Caste in Manipur. A statutory commission found that only the Lois residing in the eight villages m…
UNION OF INDIAversusMOHAN SINGH AND ORS.
1996 INSC 10169 September 1996Appeal(s) allowed
The first respondent claimed freedom‑fighter status and applied for a pension under the Freedom Fighters' Pension Scheme, relying primarily on a certificate from an MLA and a co‑prisoner as proof of six months' imprisonment. The Government examined the documents and concluded that they were insufficient to establish th…
SREEDAM CHANDRA GHOSHversusTHE STATE OF ASSAM AND ORS.
1996 INSC 10179 September 1996Dismissed
S.C. Ghosh, an Assistant Graduate Teacher, was appointed to officiate as Headmaster of Kahilipara High School after the retirement of the regular headmaster. When a regular headmaster, Mukul Chandra Roy, was transferred to that post, Ghosh challenged the transfer, claiming he had been promoted to a regular headmaster u…
M/S. VICTORIAN GRANITES (P) LTD.versusP. RAMA RAO AND ORS.
1996 INSC 10189 September 1996Appeal(s) allowed
The appellant, M/s Victorian Granites (P) Ltd, challenged the Government’s order setting aside the assignment of mining leasehold rights by the original lessee, P. Rama Rao, to Magam Inc. The lease, granted under the Andhra Pradesh Mines & Mineral Concession Rules, 1966, was transferred exactly two years after its gran…
MR. ASHOK KUMAR AND ORS.versusDELHI DEVELOPMENT AUTHORITY
1994 INSC 3759 September 1994Dismissed
The petitioners, Ashok Kumar and others, filed a writ petition under Article 32 of the Constitution seeking mandamus against the Delhi Development Authority, alleging that a letter dated 1 July 1994 required them to pay excess amounts for plots. The petition was filed after a prior order passed by the Supreme Court und…
STATE OF ORISSA AND ORS.versusJOY PRAKASH PANDA AND ANR.
1994 INSC 3789 September 1994Dismissed
The State of Orissa introduced a rehabilitation scheme on May 28, 1985, to provide appointment to a family member of a non‑government primary school teacher who dies or becomes permanently disabled while in service. The respondent's father, a teacher, was murdered on September 15, 1984, i.e., before the scheme commence…
NISAR AHMAD AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.
1994 INSC 3799 September 1994Dismissed
The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The Supreme Court examined ea…
SH. NAJAMAL HUSSAIN MEHADIversusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 8629 August 1996Disposed off
The appellant, a Police Inspector, was transferred and ordered to vacate his residential quarter after a senior police officer filed a false report alleging misconduct during a raid on a hotel that was operating beyond permitted hours. The senior officer’s report led to departmental proceedings, a fine, and the appella…
HARI OM VERMAversusSTATE OF PUNJAB AND ORS.
1996 INSC 8659 August 1996Dismissed
The appellant, a senior stenographer who was appointed as an Assistant on 29 April 1977, claimed seniority over two respondents who had been appointed as Assistants in September 1975 and had continuously served in that post. The dispute centered on the interpretation of Rule 3(1) and Rule 3(2) of the Punjab Public Work…
LOURDU MARI DAVID AND ORS.versusLOUIS CHINNAYA AROGIASWAMY AND ORS.
1996 INSC 8669 August 1996Dismissed
Petitioners filed a suit for specific performance of a 1976 sale agreement for two doors, claiming they had paid part consideration and were ready to perform, while respondents 1 and 2 delayed execution. The trial court found breach by respondents but denied specific performance, holding that respondent 3 was a bona‑fi…
STATE OF AP. AND ORS.versusIND. NATALI GRANITE LTD.
1996 INSC 8679 August 1996Appeal(s) allowed
The State of Andhra Pradesh and others challenged the writ filed by Ind. Natali Granite Ltd., which questioned the State Government's competence to levy a cess on mining leases. The High Court initially held the amendment to the District Boards Act, 1955, which sought to levy the cess, ultra vires, and subsequently aff…
RAJENDRA PRASAD YADAV AND ORS.versusSTATE OF MADHYA PRADESH AND ORS.
1997 INSC 5599 July 1997Dismissed
The appellants, members of the Apex Bank of Madhya Pradesh, challenged the Registrar's assumption of control over the Bank after the term of its Board of Directors and Managing Committee expired without elections. The High Court had held that the Registrar was justified under Section 49(8)(ii) of the Madhya Pradesh Co‑…
NEW ASSURANCE CO. LTD.versusSHRI B.N. SAINANI
1997 INSC 5609 July 1997Appeal(s) allowed
New India Assurance Co. Ltd. issued two marine insurance policies to cover consignment of computer waste from Antward to Bombay. The vessel was diverted to Muscat due to a port strike and the insurer stipulated that the goods must be re‑shipped within 60 days, otherwise liability would cease. The goods were not re‑ship…
GAURAV JAINversusUNION OF INDIA AND ORS.
1997 INSC 5479 July 1997Disposed off
The Supreme Court entertained a public‑interest writ under Article 32 on behalf of Gaurav Jain, seeking rescue, rehabilitation and education for children of prostitutes and an overall scheme to eradicate prostitution. The Court examined the constitutional guarantees under Articles 14, 15, 21, 23, 24, 38, 39, 46 and int…
BOMBAY CANTEEN EMPLOYEES' ASSOCIATION, PRABHADEVI TELEPHONE EXCHANGEversusUNION OF INDIA AND ANR.
1997 INSC 5469 July 1997Dismissed
The Bombay Canteen Employees' Association, representing five canteen workers of the Prabhadevi Telephone Exchange, challenged their termination without notice or retrenchment compensation, seeking reinstatement and back wages under the Industrial Disputes Act, 1947. The Union of India contended that the canteen employe…
STATE OF WEST BENGAL AND ORS.versusSAMARENDRA NATH PAUL AND ORS.
1997 INSC 5489 July 1997Appeal(s) allowed
The State of West Bengal sought to requisition two plots of land for a housing project under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948. The owners challenged the requisition, alleging that the statutory notice was not served as required by Rule 3 of the 1948 Rules, specifically that t…
WEST BENGAL HOUSING BOARDversusBHAWAN LAL MUNDHRA AND ORS .
1997 INSC 5499 July 1997Appeal(s) allowed
The West Bengal Housing Board sought to acquire 0.63 acres of land belonging to Brijendra Lal Mundhra for a housing project for weaker sections, which included an approach road, market complex, clinic and drainage. The land was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948, and notice…
TOTA RAMversusSTATE OF U.P. AND ORS.
1997 INSC 5509 July 1997Dismissed
The petitioner’s land was acquired under a Section 4 notification of the Land Acquisition Act, 1894 and the reference court awarded compensation on 18 May 1990. He filed an application under Section 28‑A on 22 July 1992, claiming he only learned on 19 July 1992 that compensation for other lands had been enhanced and ar…
D.N .. VENKATARAYAPP AND ANR.versusSTATE OF KARNATAKA AND ORS.
1997 INSC 5519 July 1997Dismissed
The appellants purchased lands in 1962‑64 from original grantees who had received the parcels under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Act prohibits alienation of such lands for a specified period, rendering the sales voidable. The State initiat…
WEST BENGAL HOUSING BOARD AND ORS.versusBRIJENDRA PRASAD GUPTA AND ORS.
1997 INSC 5529 July 1997Appeal(s) allowed
The West Bengal Housing Board, acting through a joint‑sector company, requisitioned and later acquired 1.82 acres of land to build a housing scheme for low‑ and middle‑income groups. The petitioners, who had purchased the land but whose names were not yet entered in the Record of Rights, claimed that the requisition no…
DELHI DEVELOPMENT AUTHORITY ETC.versusAMBITIOUS ENTERPRISES AND ANR. ETC.
1997 INSC 5539 July 1997Case Partly allowed
The Delhi Development Authority (DDA) rejected applications of several industrial units for allotment of alternative industrial plots, citing two grounds: the applicants did not possess a municipal licence under Section 416 of the Delhi Municipal Corporation Act and Rule 6(v) of the Delhi Development Authority (Disposa…
STATE OF HARYANA AND ORS.versusSURJEET SINGH
1996 INSC 7249 July 1996Disposed off
Surjeet Singh, a heavy‑vehicle driver appointed in 1986, was medically declared unfit in 1993 due to a deficiency in sight and was compulsorily retired. He sought a compassionate appointment for his son as a clerk under Government of Haryana instructions dated 22 February 1991 and 28 August 1992. The Government rejecte…
A.S. NARAYANA DEEKSHITULU ETC.versusSTATE OF ANDHRA PRADESH AND ORS.
1997 INSC 5049 May 1997Disposed off
The Supreme Court examined the recommendations of a committee appointed to determine the pay scales, honoraria and classification of hereditary religious staff of the Tirumala Tirupati Devasthanams (TTD) under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The petitions challen…
SRI DIVI KODANDARAMA SARAM AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1997 INSC 5059 May 1997Disposed off
The petitioners sought review of the State Government's acceptance of a Committee's recommendations under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 concerning classification of temples, remuneration and cadre strength of Archakas, and related administrative measures. The Su…
VICTORIAversusK.V. NAIK AND ORS.
1997 INSC 5069 May 1997Dismissed
The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court rejected the Kudikidappu cl…
PVSSR JAGANNATHA CHARYULU AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1997 INSC 5079 May 1997Disposed off
The Supreme Court examined the implementation of welfare measures for Archakas and other temple employees under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. It upheld the constitutional validity of the Act and held that the abolition of hereditary rights of Archakas is not un…
M.G. CHARY AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.
1997 INSC 5089 May 1997Disposed off
Five former hereditary mirasidars of Shri Padmavathi Ammavari Temple, Tiruchanur, challenged their dispossession of religious duties after the abolition of hereditary rights under Sections 34(2) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987. They sought to continue per…
AS. NARA YANA DEEKSHITULU ETC.versusSTATE OF ANDHRA PRADESH AND ORS.
1997 INSC 5099 May 1997Disposed off
The Supreme Court examined the constitutional validity of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, particularly its provisions abolishing hereditary rights of Archakas and other temple officials. It held that such abolition was not unconstitutional and that the Act's welf…
EXECUTIVE OFFICER, TTD, TIRUPATIversusA.S. NARAYAN DEEKSHITULU AND ORS.
1997 INSC 5109 May 1997Disposed off
The Executive Officer of the Tirumala Tirupati Devasthanams (TTD) filed an application seeking recovery of excess payments made to archakas, gamekars, jeeyamgars and other mirasidars under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The TTD alleged that payments totalling ap…
STEEL AUTHORITY OF INDIA LTD. (SUCCESSOR TO HINDUSTAN STEEL LTD.)versusLIFE INSURANCE CORPORATION OF INDIA AND ORS.
1997 INSC 5119 May 1997Dismissed
The Steel Authority of India Ltd (successor to Hindustan Steel Ltd) had taken on rent premises from the Life Insurance Corporation of India but failed to vacate, leading to eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner sought a writ directing that the disp…
DIAMOND PLASTIC INDUSTRIES ETC.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.
1997 INSC 5129 May 1997Disposed off
The appellants, Diamond Plastic Industries and others, set up an ancillary unit for watch components under the Ancillary Development Programme of Hyderabad Allwyn Limited, a state government undertaking. A dispute arose over the amount payable to them, leading to a writ petition in which the High Court directed the gov…
SURJIT SINGH AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 5139 May 1997Appeal(s) allowed
The case concerned a long‑standing dispute between directly recruited Section Officers and promotee officers in the Central Secretariat Service over the allocation of vacancies. The 1962 Rules prescribed a 1/6 (later 1/5) quota for direct recruitment, with the remainder filled by promotion, and the 1984 amendment intro…
K. SHANTHARAJ AND ANRversusM.L. NAGARAJA AND ORS.
1997 INSC 5149 May 1997Dismissed
The Committee of a Karnataka cooperative society was superseded and an Administrator was appointed under Section 30 of the Karnataka Co-operative Societies Act, 1959. During his tenure the Administrator enrolled new members and issued a schedule for elections to a new Committee, which the respondents challenged. The Hi…
H.U.D.A. AND ANRversusKEWAL KRISHAN GOEL AND OTHER ETC.
1996 INSC 6599 May 1996Appeal(s) allowed
The Haryana Urban Development Authority (HUDA) advertised residential plots requiring a 10% earnest‑money deposit with the application. Allottees accepted the allotment, paid the earnest money and further deposits amounting to 25% of the price, and were to pay the balance in lump sum or six instalments. After paying so…
STATE OF U.P. AND ORS.versusSMT. KAMLA DEVI AND ANR.
1996 INSC 6519 May 1996Appeal(s) allowed
Kamla Devi was appointed on an ad‑hoc basis under the U.P. Temporary Government Services Rules, 1975 and was repeatedly absent from duty. The State terminated her service on 23 September 1980 under Rule 14(a), which allows termination with one month’s notice or pay in lieu. She sought reinstatement and back wages, but …
SCINDIA EMPLOYEES UNIONversusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 6529 May 1996Dismissed
The SCINDIA Employees Union challenged the acquisition of land on which its workshop stood, arguing that the acquisition for the expansion of a dockyard for defence purposes was not a public purpose and that the Union was a "person interested" under Section 3(d) of the Land Acquisition Act, 1894, entitled to notice and…
DEVI LAL AND ANR.versusMOHAN PRASAD AND ANR.
1996 INSC 6539 May 1996Dismissed
The petitioners sought to have a six‑month contempt sentence imposed by this Court recalled on the ground that their counsel had not informed them of the order and that they had not received dasti notice of the contempt proceedings. The Court noted that it is normal practice for counsel appearing for a party to communi…
BHARATHI KNITTING COMPANYversusDHL WORLDWIDE EXPRESS COURIER DIVISION OF AIRFREIGHT LTD.
1996 INSC 6549 May 1996Dismissed
Bharathi Knitting Co. contracted DHL Worldwide Express to transport a cover containing export documents, which failed to reach the consignee in time, causing the buyer to pay a reduced amount and the appellant to claim a loss of Rs.4,29,392.60. The courier’s consignment note contained a limitation clause restricting li…
SUPREME CO-OPERATIVE GROUP HOUSING SOCIETYversusM/S. H.S. NAG AND ASSOCIATES (P) LTD.
1996 INSC 6559 May 1996Dismissed
The Supreme Co‑operative Group Housing Society entered into a construction contract with H.S. Nag & Associates that contained an arbitration clause (clause 32). After additional towers were awarded, a dispute arose and the respondent filed an application under Section 20 of the Arbitration Act, 1940 to refer the matter…
P.T.R EXPORTS (MADRAS) PVT. LTD. AND ORS.versusTHE UNION OF INDIA AND ORS.
1996 INSC 6569 May 1996Dismissed
The petitioners, exporters of readymade garments, challenged the Government’s amendment to the export policy effective 1 January 1996, which abolished the Manufacturer Export Entitlement (MEE) and Non‑quota Exporter (NQE) quotas and introduced a system based on Past Performance Entitlement (PPE) and First‑Come‑First‑Se…
CH. RAMA RAOversusTHE LOKAYUKTA AND ORS.
1996 INSC 6579 May 1996Dismissed
The petitioners challenged interim orders issued by the Andhra Pradesh Lokayukta that suspended and transferred them without prior notice or hearing, alleging violation of natural justice and the unconstitutionality of Sections 3, 4, 7 and 12 of the AP Lokayukta & U.P. Lokayukta Act, 1983. The Supreme Court examined th…
KARNAL IMPROVEMENT TRUST, KARNALversusSMT. PARKASH WANTI (DEAD) AND ANR.
1995 INSC 3519 May 1995Appeal(s) allowed
The Karnal Improvement Trust appealed against awards made by the President of a Tribunal under the Punjab Improvement Trust Act, 1922, where the President acted without the two assessors required by s.60(1). The High Court had upheld such single‑member awards based on the earlier decision in Sohan Lal v. State of Harya…
NATIONAL FEDERATION OF RAILWAY PORTERS, VENDORS AND BEARERSversusUNION OF INDIA AND ORS.
1995 INSC 3539 May 1995Disposed off
The petitioners, railway parcel porters employed on a contract basis in several zones of Indian Railways, sought permanent absorption as regular parcel porters with salary parity to regular employees, invoking the earlier Supreme Court order of 15 April 1991. The Court examined a report by the Assistant Labour Commissi…
R.C. TIWARIversusM.P. STATE CO-OPERATIVE MARKETING FEDERATION LTD. AND ORS.
1997 INSC 3989 April 1997Dismissed
R.C. Tiwari, an employee of M.P. State Co‑operative Marketing Federation Ltd., was dismissed for misconduct. He obtained a reference under the Madhya Pradesh Societies Act, which confirmed the dismissal and became final. He then approached the Labour Court under Section 10(1) of the Industrial Disputes Act, which set a…
THE SREE NARAYANA DHARMASANGHOM TRUSTversusSWAMI PRAKASANANDA AND ORS.
1997 INSC 3999 April 1997Leave Granted & Dismissed
The dispute concerned the validity of elections to the Committee of the Sree Narayana Dharmasanghom Trust. After a series of orders by the Kerala High Court, a Special Leave Petition (SLP) was filed in the Supreme Court and dismissed. The appellant argued that the dismissal of the SLP was not a final order and that the…
HIGH COURT OF JUDICATURE AT BOMBAY THROUGH ITS REGISTRARversusSHRI UDAYSINGH S/O. GANPATRAO NAIK NIMBALKAR AND ORS.
1997 INSC 4009 April 1997Appeal(s) allowed
Udaysingh, a Civil Judge, was accused of demanding Rs.10,000 as illegal gratification to influence a judgment. The allegation led to adverse remarks in his confidential report, a disciplinary enquiry, and ultimately his dismissal by the High Court acting as disciplinary authority. Udaysingh challenged the dismissal in …
G. RAMASWAMY@ SURYAPRAKASA RAOversusLANKA SUBBARAO PATRUDU AND OTHERS.
1996 INSC 2159 February 1996Appeal(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 the plaintiffs challen…
THE OFFICER ON SPECIAL DUTY (LAND ACQUISITION) AND ANR.versusSHAH MANILAL CHANDULAL ETC.
1996 INSC 2179 February 1996Appeal(s) allowed
The Government acquired land under Section 4 of the Land Acquisition Act, 1894 and the Land Acquisition Officer (LAO) made an award under Section 11 on 28‑02‑1989. The respondents, who were present at the award, filed an application for reference under Section 18 on 10‑06‑1989, exceeding the six‑week period prescribed …
STATE OF BIHARversusSHRI K. M. ZUBEI AND OTHERS
1996 INSC 2129 February 1996Appeal(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 Ceiling Area and Acqui…
U. P. RAJKIYA NIRMAN NIGAM LTD.versusINDURE PVT. LTD. AND OTHERS
1996 INSC 2139 February 1996Appeal(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 12. No consensus ad…
GURBACHAN SINGH AND ANR.versusUNION OF INDIA AND ANR.
1996 INSC 2189 February 1996Dismissed
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 1984) in respect of…
TAMIL NADU HOUSING BOARDversusA. VISWAM (DEAD) BY LRS.
1996 INSC 2199 February 1996Appeal(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. The Board argued that…
UNION OF INDIAversusM/S. AGRO ENGINEERING (MP). PVT. LTD. AND ORS.
1996 INSC 2209 February 1996Disposed 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 Court examined the …
MIS NATIONAL ALUMINIUM CO. LTD.versusRAJ KISHORE @ SAHU JENA AND ANR.
1996 INSC 419 January 1996Appeal(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 legal question was wh…
GHAZIABAD DEVELOPMENT AUTHORITYversusJAN KALYAN SAMITI, SHEOPURI, GHAZIABAD AND ANR.
1996 INSC 429 January 1996Appeal(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, arguing that the notifica…
U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.
1995 INSC 149 January 1995Disposed off
The Supreme Court considered an appeal by U.P. Jal Nigam challenging the contention of several applicants that the selection committee it constituted to interview candidates for recruitment under the Service of Engineers (Public Health Branch) Regulations, 1977 was not authorized. The applicants argued that Rule 16 of …
SIRI PALversusHARYANA STATE ELECTRICITY BOARD
1995 INSC 159 January 1995Dismissed
Siri Pal, a lineman with the Haryana State Electricity Board, obtained an AMIE qualification (equivalent to a B.E.) in March 1992 and sought an out‑of‑turn promotion to Junior Engineer based on a Board promotion policy dated 22 April 1980, which granted such promotions to degree‑qualified employees. The Board withdrew …
DR. V.P. MALIK AND ORS.versusUNION OF INDIA
1995 INSC 8628 December 1995Dismissed
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 that the one‑year de…
LAND ACQUISITION OFFICER, PUNJABversusANUDEEP KAUR AND ORS.
1995 INSC 8648 December 1995Appeal(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 1984) that introduce…
SATE OF HARYANAversusTRILOK CHAND AND ORS. ETC. ETC.
1995 INSC 8658 December 1995Dismissed
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 record the legal repre…
K. S. SHIVADEVAMMA AND ORS. ETC.versusASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER AND ANR.
1995 INSC 8678 December 1995Dismissed
The Supreme Court heard an appeal by owners of 9 acres 10 guntas of agricultural land acquired for a bus stand. The Land Acquisition Officer initially awarded Rs 5,000 per acre, the civil court raised it to Rs 30,000 per acre, and the High Court, after deducting 53% under building rules and a further 33 ⅓% for developm…
BAJIRAO T. KOTE (DEAD) BY LRS. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.
1994 INSC 5898 December 1994Dismissed
The State of Maharashtra issued a Gazette notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire a 25 × 25 ft parcel of land for the public trust Saibaba Sansthan, Shirdi, purportedly to connect two temples by a road. The appellants challenged the notification, alleging that the description of "pu…
THE COMMISSIONER, CORPORATION OF MADRASversusMADRAS CORPORATION TEACHERS MANDRAM AND ORS.
1996 INSC 13158 November 1996Appeal(s) allowed
The Corporation of Madras adopted a dual policy for appointing Education Officers, upgrading the post to Deputy Director and seeking to fill it by transferring a Government officer. The Madras Corporation Teachers' Mandram challenged this action before the Tamil Nadu Administrative Tribunal, which directed the Corporat…
MADHYA PRADESH TRIATHLON ASSOCIATION THROUGH ITS SECRETARY AND ANR. ETC.versusINDIAN TRIATHLON FEDERATION AND ORS. ETC.
1996 INSC 13168 November 1996Disposed off
The Madhya Pradesh Triathlon Association filed transfer petitions under Section 25 of the Code of Civil Procedure seeking relief against the Indian Triathlon Federation and others. The parties had earlier agreed to settle their disputes pursuant to Rule XIX of the Indian Olympic Association (IOA) Rules, which mandates …
ABHJJIT TEA COMPANY PVT. LTD.versusTERAI TEA CO. (P) LTD. AND ORS.
1995 INSC 6998 November 1995Disposed off
The petitioner, Abhijit Tea Co. Pvt. Ltd., sought the refund of Rs.19,33,873.74 held in court deposit after a Calcutta High Court division bench ordered the High Court Registrar to return the sum. Although the Supreme Court, on 16 August 1994, directed the Registrar to effect the refund, the Registrar failed to do so, …
DR. L.M. NATHversusDR. S.K. KACKER AND ORS.
1995 INSC 7018 November 1995Appeal(s) allowed
Dr. S.K. Kacker's five‑year term as Director of AIIMS expired on 14 October 1995. The Institute Body, having decided not to extend his tenure, initiated a selection process for a new Director, but the process was delayed by a writ petition. On 15 October 1995 the President of AIIMS appointed Prof. L.M. Nath, the senior…
THE GEN. MANAGER TELE-COMMUNICATION AND ANR. ETC.versusDR. MADAN MOHAN PRADHAN AND ORS. ETC.
1995 INSC 6978 November 1995Appeal(s) allowed
The Union Government acquired 3.589 acres of land in Cuttack for a telecommunications complex under the Land Acquisition Act, 1894, invoking Section 17(4) to dispense with the enquiry under Section 5A. The wife of one respondent sought to have 24 decimals of the land excluded, but the representation remained pending wh…
STATE OF HIMACHAL PRADESHversusSH. KESHAV RAM AND ORS.
1996 INSC 11628 October 1996Appeal(s) allowed
The State of Himachal Pradesh appealed against a decree that had declared the respondents, Sh. Kesha v Ram and others, as owners in possession of a disputed land parcel (Khasra No. 153/1). The respondents had relied on an alleged order of the Assistant Settlement Officer directing a correction in the revenue register, …
STATE BANK OF INDIA AND ORS.versusMANGANESE ORE (INDIA) LTD. AND ANR.
1996 INSC 11678 October 1996Appeal(s) allowed
The plaintiff, Manganese Ore (India) Ltd., sued State Bank of India (SBI) and an exporter for payment under letters of credit (LC) issued by SBI. The trial court held SBI not liable because the ore supplied did not meet the quality specifications stipulated in the LC, but the High Court reversed this, holding SBI liabl…
CHIEF COMMISSIONER, UNION TERRITORY, CHANDIGARHversusJANGI LAL JAIN AND ANR. ETC.
1996 INSC 11688 October 1996Dismissed
The case arose from a Punjab & Haryana High Court decision that the delegation of power to levy property tax to the Chief Administrator of the Union Territory of Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 (as amended) exceeded legislative competence and violated the Constitution. The …
DR. ABDUL HAMEED FAZLI AND ANR .versusADAM MALIK KHAN AND ORS.
1996 INSC 11698 October 1996Dismissed
The petition challenged the appointment of a temporary lecturer at Aligarh Muslim University, alleging that the University's practice of preparing a reserve select list and filling vacancies from it without fresh advertisement violated Section 29(2)(a) of the Aligarh Muslim University Act, 1920. The High Court held the…
J. VASUDEVANversusT.R. DHANANJAYA
1995 INSC 5478 September 1995Rejected
The Supreme Court sentenced a State Government officer, J. Vasudevan, to one month’s simple imprisonment for wilful disobedience of its order. The officer applied for remission of the sentence invoking the Court’s mercy jurisdiction, while a colleague had approached one of the judges to seek mercy for Vasudevan, an act…
STATE OF BIHAR AND ORS.versusTATA ENGINEERING AND LOCO.CO. LTD. AND ANR.
1995 INSC 5488 September 1995Disposed off
The State of Bihar appealed against Tata Engineering & Loco Co. Ltd. and another party concerning the grant of a mining lease that had already expired. The appeal arose after a related civil appeal (No. 3996/87) was withdrawn, raising the question of whether the High Court's earlier judgment should bind the State in fu…
RAIMATI SAHUANIversusPANKA.JA SAHU (DEAD) BY LRS. AND ORS.
1995 INSC 5498 September 1995Appeal(s) allowed
Raimati Sahuani filed a suit for declaration of title and possession of her father’s 88‑acre property, alleging that the respondents were in possession without any right. The respondents defended the suit by claiming that the first respondent was the adopted son of the appellant’s father, Urddhaba, and therefore entitl…
UNION OF INDIAversusAJOY KUMAR PATNAIK
1995 INSC 5508 September 1995Appeal(s) allowed
The respondent, Ajoy Kumar Patnaik, a Collector of Customs (Appeals), was compulsorily retired under Fundamental Rule 56(j) on the ground of "doubtful integrity" after a screening committee cited his misclassification of tariff items and disposal of appeals contrary to import policy, which allegedly benefitted dealers.…
STATE OF M.P.versusSURESH GUPTA AND ANR.
1995 INSC 5518 September 1995Disposed off
The State of Madhya Pradesh appealed against Suresh Gupta and another, seeking direction on pending criminal matters. The High Court had earlier issued findings and observations in W.P. Nos. 671 & 596 of 1995. The appellant and respondent agreed that the lower courts should decide the pending and connected matters on t…
R. CHANDEVARAPPA ETC. ETC.versusSTATE OF KARNATAKA AND ORS. ETC. ETC.
1995 INSC 5528 September 1995Dismissed
The original grantee, Dasana Rangaiah, was allotted two acres of government land in 1951 under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. He sold the land to the appellant in 1968, but a 1987 representation led the Assistant Commissioner to set aside the sale as …
DEVCHAND KALYAN TANDELversusSTATE OF GUJARAT AND ANR.
1996 INSC 8498 August 1996Dismissed
The appellants, Devchand Kalyan Tandel and Jayantilal, were charged under Section 135(1)(a) of the Customs Act, 1962 for transporting ten silver ingots without a transport voucher in a notified area under Section 11‑K. The prosecution recovered the ingots from a secret compartment of an ambassador car and established t…
STATE OF BIHARversusRATAN LAL SAHU AND ORS. ETC.
1996 INSC 8518 August 1996Appeal(s) allowed
The State of Bihar acquired 20.40 acres of land for the Getalsud Dam project under a 1972 notification. The Land Acquisition Officer awarded compensation of Rs 1,59,505 at Rs 2,266 per acre, while the reference court increased the rate to Rs 10,000 per acre and granted a separate sum for a tank and well, plus an additi…
KALLATHIL SREEDHARAN AND ANR.versusKOMATH PANDYALA PRASANNA AND ANR.
1996 INSC 8528 August 1996Dismissed
In a partition suit, a cinema theatre was allotted to a woman and her minor son subject to payment of Rs.1,55,000 each. Unable to pay, the theatre was auctioned. The appellant advanced Rs.2,10,391 to the woman to set aside the sale, on the condition that she would sell the theatre to him for Rs.7,44,000. The appellant …
THE STATE OF GUJARAT AND ANR. ETC.versusDEVRAJBHAL CHHAGANBHAL AND ORS. ETC.
1996 INSC 8538 August 1996Appeal(s) allowed
The State of Gujarat appealed against a compensation agreement entered into under Section 11(2) of the Land Acquisition Act, 1894, which fixed compensation at Rs. 140 per guntha, an additional 20% for land development, a 15% solatium and interest at 4.5% as of the agreement date. The issue was whether the parties could…
M/S. AVIJIT TEA CO. PVT. LTD.versusM/S. TERAI TEA CO. AND ORS.
1996 INSC 8548 August 1996Case Partly allowed
The dispute arose from an agreement for the sale of green tea leaves in which Avijit Tea Co. advanced Rs. 20 lakh, later deposited with a court receiver. Avijit Tea filed a suit for specific performance, which was dismissed by a Division Bench of the Calcutta High Court, and the Bench ordered a refund of Rs. 19,33,873.…
THE STATE OF BIHARversusMADHESHWAR PRASAD
1996 INSC 8558 August 1996Case Partly allowed
The State of Bihar acquired 3.17 acres of agricultural land for the Suvarnarekha Project under a 1981 notification, and the Land Acquisition Officer initially awarded compensation of Rs. 14,445 per acre, later enhanced to Rs. 15,055 per acre by a Subordinate Judge. Both the State and the claimants appealed, and the Pat…
AIRCRAFT EMPLOYEES' HOUSING CO-OPERATIVE SOCIETYversusTHE SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ, GOVT. OF KARNATAKA, BANGALORE AND ORS.
1996 INSC 8578 August 1996Appeal(s) allowed
The Aircraft Employees' Housing Co‑operative Society sought acquisition of land under the Land Acquisition Act, 1894. A notification under s.4(1) was published on 24‑Nov‑1981 and objections under s.5‑A were filed, but the respondents failed to appear for the hearing on 30‑Nov‑1981. The Government issued a declaration u…
NOTIFIED AREA COMMITTEE AND ANR.versusDES RAJ AND ORS.
1995 INSC 4458 August 1995Appeal(s) allowed
The dispute concerned lands that were originally used for common purposes, later recorded as shamilat deh and vested in a Gram Panchayat under Section 3(a) of the Punjab Village Common Land (Regulation) Act, 1953. After mutation under the Haryana Municipal Common Land (Regulation) Act, 1974 (later declared void), the f…
PAINDER SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.
1995 INSC 4468 August 1995Dismissed
The petitioners sought a further increase in compensation for land acquired under a 1964 notification of the Land Acquisition Act, 1894, arguing that higher awards in adjacent villages and a later award of Rs. 68,000 per bigha should apply. The Supreme Court examined whether a circular issued under Section 48 of the St…
P. CHINNANNA AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
1994 INSC 3018 August 1994
The State of Andhra Pradesh, invoking urgency under Section 17 of the Land Acquisition Act, 1894, acquired 6 acres 29 guntas of land for a market yard in 1977, publishing a Section 4(1) notification and a Section 6(1) declaration, and took possession in 1978, vesting the land in the State. The appellants, who claimed t…
SHRI SWAROOP NARAIN SRIVASTAVAversusTHE IVTH ADDL. DISTRICT JUDGE AND ORS.
1994 INSC 3028 August 1994
The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application for re‑allotment of t…
THE STATE OF M.P. AND ORS.versusRAGUVEER SINGH YADAV AND ORS.
1994 INSC 3048 August 1994Appeal(s) allowed
The State of Madhya Pradesh issued a 1987 notification for recruitment of Inspectors of Weights and Measures with qualifications including Arts, Commerce, Science, Engineering or a Diploma. Written examinations were held and results declared in August 1989, after which interview cards were issued. Subsequently, the Gov…
KONDA VENUGOPALA RAJUversusSTTE OF ANDHRA PRADESH
1997 INSC 5448 July 1997Dismissed
The petitioner, Konda Venugopala Raju, filed a declaration under the Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1972, claiming that 5 acres 66 cents of his land were non‑agricultural and should be excluded from the ceiling calculation. The primary Tribunal and the High Court held that his holdi…
NATIONAL FEDERATION OF RAILWAY PARCEL PORTERS UNION THROUGH ITS SECRETARY AND ORS. ETC.versusUNION OF INDIA AND ORS.
1996 INSC 7008 July 1996Disposed off
The Supreme Court entertained writ petitions filed by the National Federation of Railway Parcel Porters seeking regularisation of casual porters employed through cooperative societies. The Court recalled its earlier judgment (National Federation of Railway Porters, Vendors & Bearers v. Union of India, 1995) which manda…
REGIONAL PROVIDENT FUND COMMISSIONER, JAIPURversusM/S. NARAINI UDYOG AND ORS.
1996 INSC 7018 July 1996Appeal(s) allowed
The case concerned two companies, M/s Naraini Udyog and M/s Modern Steels, which were separately registered under the Companies Act but shared a common head office, branch, telephone facilities, clerical staff and other operational resources, indicating functional unity. The Regional Provident Fund Commissioner held th…
UNION OF INDIAversusSWARAN SINGH AND ORS.
1996 INSC 7028 July 1996Appeal(s) allowed
The Union of India acquired land under the Land Acquisition Act, 1894, with a compensation award made in 1978 and a decree confirming the award in 1981, which became final. After the 1984 amendment to the Act increased the solatium to 30% and interest rates, the respondents filed applications under CPC sections 151 and…
SUSHILA NARAHARI AND ORS.versusNANDA KUMAR AND ANR.
1996 INSC 7038 July 1996Appeal(s) allowed
The respondents filed a suit for specific performance of a land sale, which was decreed ex‑parte against the appellants after their advocate withdrew his vakalatnama without notifying them. The appellants filed an application to set aside the ex‑parte decree, seeking condonation of a 40‑day delay caused by the advocate…
STATE OF RAJASTHAN AND ORS.versusRAJ SINGH AND ANR. ETC.
1996 INSC 7048 July 1996Disposed off
The State of Rajasthan acquired land under the Rajasthan Land Acquisition Act, 1953 and the Land Acquisition Court awarded compensation by an award and decree dated 28 July 1992. The respondents applied for certified copies of the judgment and decree; the judgment copy was supplied and an appeal under Section 54 of the…
JAS INTER COLLEGE KHURJA, U.P. AND ORS.versusSTATE OF U.P. AND ORS.
1996 INSC 7078 July 1996Disposed off
The Supreme Court heard a writ petition under Article 32 challenging the appointment of teachers at J.A.S. Inter College, Khurja. The Court had earlier directed the State to appoint 18 teachers as required by the petition. The U.P. Secondary Education Service Commission selected eight teachers, one of whom did not join…
ADIKANDA SETHI (DEAD) THROUGH LRS. AND ANR.versusPALANI SWAMI SARAN TRANSPORTS AND ANR.
1997 INSC 5008 May 1997Appeal(s) allowed
Ballav Kumar Sethi, a 24‑year‑old, was killed by an oil tanker. His dependents filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 for loss of estate and support. The Tribunal awarded Rs 1,00,000 and the High Court added Rs 18,000. The Supreme Court examined the multiplier method for calculating compensat…
UNION OF INDIA AND ORS. ETC.versusSHRI CHAIN SINGH AND OR,S. ETC.
1997 INSC 5018 May 1997Dismissed
The Union of India requisitioned 1,007 kanals of land in Sansoo village, Udhampur, under Section 6 of the Jammu and Kashmir Requisition and Acquisition of Immovable Property Act, 1968. The Land Acquisition Officer initially fixed compensation at Rs 12,000‑9,000 per kanal, but the claimants appealed and an arbitrator ra…
STATE OF ORISSA AND ORS.versusRAM CHANDRA DAS
1996 INSC 6438 May 1996Appeal(s) allowed
Ram Chandra Das, an Assistant Conservator of Forests, was compulsorily retired under Rule 71(a) of the Orissa Service Code. He challenged the retirement before the Orissa Administrative Tribunal, which set aside the retirement on three grounds: that he had crossed the efficiency bar, that his promotion erased adverse r…
B.R. VEERABASAVARADHYAversusTHE DEVOTEES OF LINGADGUDI MUTT AND ORS.
1996 INSC 6448 May 1996Dismissed
In OS No. 22/62, the appellant (defendant 1) entered into a compromise under Order 23 Rule 3 of the CPC, and a decree was passed based on that compromise, granting him continued occupation as manager, possession of shops, and refunds. The suit was later remanded to consider defendants 2‑4, and after their own compromis…
STATE OF U.P. AND ANR.versusROADWAYS MINISTERIAL STAFF ASSOCIATION U.P. AND ANR.
1996 INSC 6458 May 1996Appeal(s) allowed
The Supreme Court examined the validity of Rule 8(ii) of the Uttar Pradesh State Roadways Organisation (Abolition of Posts & Absorption of Employees) Rules, 1982, which dealt with pension and gratuity liabilities when government employees on deputation were deemed absorbed by the Uttar Pradesh State Road Transport Corp…
BISWA RAN.JAN SAHOO AND ORS.versusSUSHANTA KUMAR DLNDA AND ORS.
1996 INSC 6468 May 1996Dismissed
The case concerned the selection of six Chargemen ‘B’ Grade posts in the Mechanical and Electrical Division of Indian Railways under advertisement No. 6/92. The petitioners alleged massive irregularities, including alteration of answer‑book marks and interview scores, leading to wrongful appointments. The Central Admin…
BHUKAMP PIDIT ANDOLANversusSTATE OF U.P. AND ANR.
1995 INSC 3438 May 1995Disposed off
The District Collectors of Uttarkashi and Tehri Garwal submitted reports on earthquake compensation claims. In Uttarkashi, after verification, no eligible victims were left out. In Tehri, out of 6,978 claimants, 6,071 were verified, 907 pending, 3,844 ineligible, 576 eligible but not yet claimed, and 151 minors ineligi…
DILBAG SINGHversusSTATE OF U.P. AND ORS.
1995 INSC 3448 May 1995Appeal(s) allowed
The appellant, a former army officer commissioned in 1974 and released in 1979, was appointed as Deputy Collector in 1979 and sought seniority from his commission date under Rule 5 of the Uttar Pradesh Non‑Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1980. The State argued th…
S.L. SONIversusSTATE OF M.P. AND ANR.
1995 INSC 3458 May 1995Dismissed
The appellant, S.L. Soni, sought promotion to Assistant Conservator of Forest under the Madhya Pradesh Forest Service (Recruitment) Rules, 1977. A High Level Committee, constituted as per the Rules, evaluated the claims of all eligible officers based on seniority, merit, and integrity, using the average of the last fiv…
PHYSICAL RESEARCH LABORATORYversusK.G. SHARMA
1997 INSC 3908 April 1997Appeal(s) allowed
The Physical Research Laboratory (PRL), a government research institute under the Department of Space, retired employee K.G. Sharma at age 58, prompting him to claim a statutory retirement age of 60 under the Industrial Disputes Act, 1947. The Labour Court held that PRL was an "industry" within the meaning of Section 2…
SPECIAL LAND ACQUISITION OFFICER, KHEDA AND ANR. ETC.versusVASUDEV CHANDRASHANKAR AND ANR. ETC.
1997 INSC 3918 April 1997Leave Granted & Dismissed
The State, through a notification under Section 4(1) of the Land Acquisition Act, 1894, acquired 12 hectares of land in Marida village for a highway project. The Land Acquisition Officer initially awarded compensation of Rs.250 per are, which was enhanced to Rs.2,500 per are by the Assistant District Judge under Sectio…
ANSUYABEN KANTILAL BHATTversusRASHIKLAL MANIKLAL SHAH AND ANR.
1997 INSC 3928 April 1997Disposed off
The landlord, Ansuya Ben Kantilal Bhatt, filed a suit in 1966 seeking eviction of tenant Rashiklal Maniklal Shah under the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 on the grounds of personal occupation and alleged rent default. After 31 years of litigation, the Supreme Court examined whether the land…
BIHAR STATE UNEMPLOYED CIVIL ENGINEERS ASSOCIATION THROUGH ITS GENERAL SECRETARY, SH. RANJIT RANA AND ORS. ETC.versusTHE STATE OF BIHAR AND ORS.
1996 INSC 4948 April 1996Dismissed
The Bihar State Unemployed Civil Engineers Association filed a writ petition seeking that the State of Bihar fill vacancies for Assistant Engineers (Civil) from a waiting list prepared by the Public Service Commission. The Patna High Court directed the State to identify vacancies existing as on 31 December 1987 and to …
M/S. TARAKNATH AND ANR.versusSUSHIL CHANDRA DEY BY LRS. AND ORS.
1996 INSC 4958 April 1996Appeal(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 delivery deemed sufficien…
STATE OF TAMIL NADU AND ORS.versusST. JOSEPH .TEACHERS TRAINING INSTITUTE AND ANR. ETC.
1991 INSC 968 April 1991Appeal(s) allowed
The State of Tamil Nadu had several teacher‑training institutions that applied for recognition from the Education Department but none were granted it. The institutions filed writ petitions seeking statutory recognition and a direction that their students be allowed to sit the public examinations. The Madras High Court …
S. RANGARAJU NAIDUversusS. THIRUVARAKKARASU.
1995 INSC 1768 March 1995Disposed off
The appellant borrowed Rs.35,500 from the respondent and his brother, paid Rs.20,000 and executed a promissory note for the balance of Rs.15,500 with 9% interest. On the same day he also executed an agreement to sell three plots of land for the same amount, intending the sale to discharge the note. The respondent sued …
SANJEEVANAR MEDICAL AND HEALTH EMPLOYEES CO-OPERATIVE HOUSING SOCIETYversusMOHD. ABDUL WAHAB AND ORS.
1996 INSC 2048 February 1996Appeal(s) allowed
The Sanjeevanar Medical and Health Employees Co‑operative Housing Society appealed against a High Court order that quashed a land acquisition notification and declaration made under Sections 4(1) and 6 of the Land Acquisition Act, 1894. The acquisition was for providing house sites to the society’s members, and the not…
SMT. GURNAM KAUR AND ANR.versusPURAN SINGH AND ORS.
1996 INSC 2108 February 1996Appeal(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 Act. The appellant arg…
STATE BANK OF INDIA ETC.versusKASHINATH KHER AND ORS. ETC.
1996 INSC 2118 February 1996Appeal(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 fulfilled the condi…
RAM DULARversusDY. DIRECTOR OF CONSOLIDATION, JAUNPUR AND ORS.
1994 INSC 558 February 1994
The appellant claimed a half‑share in ancestral land based on his lineage and long‑term possession, which the Consolidation Officer and Settlement Officer recognized. The Deputy Director of Consolidation, exercising power under Section 48 of the U.P. Consolidation of Holdings Act, 1953, reversed those findings, allegin…
CHAIRMAN, GOVERNING COUNCIL ANJUMAN ARTS, COMMERCE & SCIENCE & ORS.versusSAYYED MOHAMMAD SHAFI
1996 INSC 298 January 1996Disposed off
The respondent, a government employee, was terminated from service, an order later set aside, leading to a claim for reinstatement and back wages. The Supreme Court examined whether the respondent was entitled to salary for the intervening period during which he was gainfully employed elsewhere, and whether he could cl…
SECRETARY TO GOVERNMENT OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT AND ORS.versusP. ESWAR REDDY AND ORS.
1996 INSC 308 January 1996
The Supreme Court examined an appeal by the Secretary to the Government of Andhra Pradesh against a decision of the Andhra Pradesh Administrative Tribunal concerning junior college lecturers. The issue was whether these lecturers were entitled to a compensatory allowance during holidays and leave when no official dutie…
KESHABO AND ANR.versusSTATE OF M.P. AND ORS.
1996 INSC 318 January 1996Dismissed
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 decision affirmed by th…
RAMESH CHANDRA TIWARI AND ANR.versusU.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND ORS.
1996 INSC 328 January 1996Disposed 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 applied to such acqui…
A.J. JOSEPHversusUNION OF INDIA AND ORS.
1996 INSC 338 January 1996Dismissed
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 beyond its jurisdiction.…
STATE OF WEST BENGAL AND ANR.versusBANDAN BAYEN AND ORS.
1995 INSC 8547 December 1995Appeal(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 were denied appointment…
GANGAL RAMversusSTATE OF HARYANA AND ORS.
1995 INSC 8557 December 1995Disposed 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. The appellant, who ha…
BAHADUR SINGH NARODA AND ORS.versusSTATE OF M.P. ORS.
1995 INSC 8567 December 1995Dismissed
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 that the regular can…
MARY JOHNYversusUNION OF INDIA
1995 INSC 8577 December 1995Dismissed
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 1976. The Central Admini…
THE STATE OF MAHARASHTRAversusDEORAO AND ANR. ETC.
1995 INSC 8587 December 1995Disposed 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 physical standards …
KARUNA LAHIRIversusGAUTAM KUMAR CHAKRABORTY AND ORS.
1995 INSC 8597 December 1995Dismissed
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 Public Service Commiss…
SITA DEVI WD/O MUKAND LALversusSTATE OF HARYANA AND ANR.
1995 INSC 8607 December 1995Disposed 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, interest, and additional c…
J. & K. PUBLIC SERVICE COMMISSION, ETC.versusDR. NARINDER MOHAN AND ORS. ETC. ETC.
1993 INSC 3857 December 1993Appeal(s) allowed
The Supreme Court examined the appointments of six doctors as ad‑hoc lecturers under the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. The State Government had relaxed the recruitment rules to regularise two of them and the High Court quashed all appointments, directing that vacancies be…
EXECUTIVE DIRECTOR TTD AND ANR.versusD. NAGULU NAIDU
1996 INSC 13027 November 1996Appeal(s) allowed
The respondent, D. Nagulu Naidu, a regularised employee of the Tirumala Tirupati Devasthanams, challenged a transfer order in a writ petition before the Andhra Pradesh High Court. The Single Judge did not suspend the transfer but held it would be decided on the merits of the petition. The respondent appealed this order…
STATE OF H.P. AND ORS.versusSURINDER KUMAR MOHLNDRA AND ORS.
1996 INSC 13037 November 1996Appeal(s) allowed
The respondent, an Agriculture Inspector in Himachal Pradesh, sought promotion to the post of Joint Director (Agriculture). Promotion rules required merit, seniority, a minimum three‑year service in the feeder grade and a "zone of consideration" limited to five times the number of vacancies. The Departmental Promotion …
SH. MOHAN SINGH AND ORS.versusINTERNATIONAL AIRPORT AUTHORITY OF INDIA AND ORS.
1996 INSC 13047 November 1996Dismissed
The International Airport Authority of India acquired land for airport expansion by invoking the urgency power under Section 17(1) of the Land Acquisition Act, dispensing with the Section 5‑A enquiry and taking possession under Section 17(4). The appellants challenged the validity of the notification under Section 4(1)…
SHEAPUJAN BHAGATversusTHAKUR HEMBROM AND ORS.
1996 INSC 13087 November 1996Disposed off
The village headman Hari Hembrom resigned voluntarily, rendering the village a 'Khas village' under Section 4(ix) of the Santai Parganas Tenancy (Supplementary Provisions) Act, 1949. An election was held and the appellant, Sheapujan Bhaghat, was declared the winner, which the respondent, Thakur Hembrom, contested on th…
EMPLOYEE'S STATE INSURANCE CORPORATIONversusM/S. F. FIBRE BANGALORE (P) LTD.
1996 INSC 13097 November 1996Appeal(s) allowed
The Employees' State Insurance Corporation (ESIC) sought recovery of employer contributions from M/S F. Fibre Bangalore (P) Ltd., which disputed the liability and quantum of the contribution. The dispute centered on whether, under Section 75 of the Employees' State Insurance Act, 1948, the corporation or the employer m…
SMT. TULSA BAIversusSTATE OF MADHYA PRADESH AND ORS.
1996 INSC 13107 November 1996Dismissed
Sm. Tulsabai filed a suit seeking declaration of title and an injunction against the State of Madhya Pradesh and others, asserting that she purchased a plot and built a house using her own funds. The State contended that the house was held in her name as a benami transaction to shield her husband, a businessman, from s…
LOKNARAYAN PANDE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
1996 INSC 11507 October 1996Dismissed
The petitioners, Head Constables in the Maharashtra Subordinate Police Service, sought regularisation for promotion to Sub‑Inspector based on a High Court order that required them to file their willingness within two months. They failed to do so, later filed a special leave petition, and claimed that a subsequent gover…
SRI HANUMANTHAPPAversusSRI MUNINARAYANAPPA
1996 INSC 11517 October 1996Appeal(s) allowed
The appellant, Sri Hanumanthappa, filed a partition suit in 1966 and obtained a compromise decree in 1990 granting him a share of 39 guntas of land, for which he was put in possession by the Tehsildar in 1993. The respondent, Sri Muninarayanappa, had purchased the same land from a co‑sharer in 1986, before the decree. …
JOGINDER TULIversusS.L. BHATIA AND ANR.
1996 INSC 11527 October 1996Dismissed
The appellant, Joginder Tuli, occupied a premises under a lease dated 21 December 1990 at a rent of Rs.6,000 per month. The respondent, S.L. Bhatia, terminated the tenancy on 15 March 1993 and instituted suit No.133/1993 for possession, valuing the suit at Rs.72,000. The respondent later amended the plaint to claim dam…
DR. SHIVDEV SINGH GREWAL THROUGH DR. AMRIK SINGH SANDHUversusHARGURBACHAN SINGH GREWAL
1996 INSC 11537 October 1996Appeal(s) allowed
The appellant, residing in Malaysia, was served summons for a suit seeking declaration of title and possession of property. The suit was decreed ex‑parte on 22 July 1986. Upon learning of the decree on 13 November 1986, the appellant filed an application under Order IX, Rule 13 of the Code of Civil Procedure on 24 Dece…
UNION OF INDIAversusSHRI UJAGAR LAL
1996 INSC 11547 October 1996Appeal(s) allowed
The case concerned Shri Ujagar Lal, a retired railway employee who remained in unauthorized possession of railway accommodation for over two years, resulting in the Railway Board’s circular directing that his death‑cum‑retirement gratuity not be paid until he surrendered the quarters. The Central Administrative Tribuna…
OM PRAKASH GARGIversusSTATE OF PUNJAB AND ORS.
1996 INSC 11557 October 1996Dismissed
The petitioner, a government servant, sought reimbursement of medical expenses incurred for heart disease treatment in a private hospital. Although the amount was eventually disbursed on August 28, 1991, there was a delay, and the petitioner claimed interest at 12% on the delayed payment. The Punjab & Haryana High Cour…
DR. KISHOREversusTHE STATE OF MAHARASHTRA AND ORS.
1996 INSC 11567 October 1996Dismissed
Dr. Kishore was appointed on an ad hoc basis as Medical Officer (Class III) in Maharashtra on 28 February 1990, with successive extensions. Fearing termination, he filed a writ petition, which was transferred to the Maharashtra Administrative Tribunal. The Tribunal allowed him to continue only until a candidate selecte…
STATE OF U.P. AND ANR.versusVED PAL SINGH AND ANR.
1996 INSC 11577 October 1996Appeal(s) allowed
The respondent, a temporary government employee, was removed from service after being convicted under Section 409 of the Indian Penal Code. He was later acquitted, and sought reinstatement with back wages. The Allahabad High Court directed payment of back wages, but the Supreme Court limited its review to that issue. E…
THE STATE OF BIHAR AND ANR.versusNILMANI SAHU AND ANR.
1996 INSC 11587 October 1996Appeal(s) allowed
The State of Bihar acquired 43.14 acres of land with trees under the Land Acquisition Act, 1894, and the Land Acquisition Officer valued the trees at Rs 2,466, a valuation upheld by the reference court and embodied in a decree dated 27 March 1980. The State paid compensation and the respondents appealed under Section 5…
BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ANR.versusBOMBAY FLOUR MILLS PVT. LTD. AND ANR.
1994 INSC 4587 October 1994Appeal(s) allowed
The respondent imported 63 cases of rolling mills at the Port of Calcutta, which were unloaded at the appellant's Netaji Subhas Docks, and after paying demurrage failed to clear the goods. Seeking a waiver of port charges, the respondent was refused and consequently filed a suit in the District Court, Bharatpur, Rajast…
STATE OF MIZORAMversusBIAKCHHAWNA
1994 INSC 4597 October 1994Appeal(s) allowed
The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. BiaKchhawna then instituted a…
D. DEVAJIversusK. SUDARSHANA RAO
1993 INSC 3217 October 1993Appeal(s) allowed
The landlord K. Sudarshana Rao filed an eviction petition under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide need for a non‑residential building to store fire‑clay. The tenant D. DevaJi had agreed to a rent increase, but the landlord demanded a…
PALGHAT BPL AND PSP THOZHILALI UNIONversusBPL INDIA LTD. AND ANR.
1995 INSC 5447 September 1995Appeal(s) allowed
During a strike at BPL India Ltd., three workmen affiliated with the Palghat BPL and PSP Thozhilali Union assaulted company officers at a bus‑stop outside the factory, throwing stones and causing injuries. The employer dismissed the workmen under Clause 39(h) of its certified Standing Orders, alleging misconduct, and t…
J.G. PRASADA RAO ETC. ETC.versusTHE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC.
1995 INSC 5457 September 1995Appeal(s) allowed
The appellant, J.G. Prasada Rao, claimed seniority over several respondents in the Andhra Pradesh Divisional Accounts Officers Service based on having passed the Divisional test earlier. The State Government had absorbed Divisional Accountants, SAS Accountants and SAS passed Auditors from the Accountant General's cadre…
SUKHPAL SINGH AND ORS.versusPUNJAB STATE AGRICULTURAL MARKETING BOARD AND ORS.
1994 INSC 3657 September 1994Dismissed
The Market Committee of Shri Hargobindpur Sahib appointed several persons to regular posts after a newspaper advertisement. The Punjab State Agricultural Marketing Board later reviewed and terminated those appointments. The terminated appointees filed a writ petition challenging the cancellation, alleging lack of notic…
SMT. RADHIKAversusAGHNU RAM MAHTO
1994 INSC 3667 September 1994Appeal(s) allowed
The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, granting the husband an equ…
SMT. LABANYA BALA DEVI AND ORS.versusTHE STATE OF BIHAR PATNA SECRETARIAT, PATNA AND ORS.
1994 INSC 3677 September 1994Dismissed
The appellants filed a suit claiming a Raiyati right over a tank and its surrounding land in Bihulia village, based on a settlement obtained from the former jamindar in 1943. The trial court declared that the appellants held such a right, but the District Judge reversed the decision, holding that the land vested in the…
STATE OF ANDHRA PRADESH AND ORS.versusM/S. ANUPAMA MINERALS ETC. ETC.
1994 INSC 3687 September 1994Appeal(s) allowed
The State of Andhra Pradesh and others granted mining leases to Mis. Anupama Minerals under Rule 31 of the A.P. Mining Rules, 1966. After the Forest Conservation Act, 1980 came into force, the respondents applied for renewal of the leases. The State Government refused renewal, invoking the prohibition in Section 2 of t…
THE STATE OF M.P. ETC.versusHARISHANKAR GOEL AND ANR. ETC.
1996 INSC 8387 August 1996Appeal(s) allowed
The State of Madhya Pradesh acquired 33 bighas 15 biswas of agricultural land in 1964 for industrial purposes. The Collector initially awarded Rs 3,150 per bigha, which was later enhanced by the Additional District Judge to Rs 1 per square foot with statutory benefits. The High Court judges varied the compensation, ran…
UPENDRA NARAIN SINGH (DEAD) BY LRS.versusTHE STATE OF BIHAR
1996 INSC 8397 August 1996Dismissed
The appellant claimed a patta (title deed) for land in Muzaffarpur that he said was granted by the Zamindar on 11 August 1950. The Collector, exercising powers under Section 4(h) of the Bihar Land Reforms Act, 1950, investigated and concluded that the patta was a fraudulent transfer intended to evade the Act, and there…
GANAPATHI NATIONAL MIDDLE SCHOOLversusM. DURAI KANNAN (DEAD) BY LRS. AND ORS.
1996 INSC 8407 August 1996Appeal(s) allowed
The Ganapathi National Middle School, an aided institution established in 1929 and occupying rented premises, faced eviction by its landlord. The school sought acquisition of the land by the State, leading to a notification under Section 4(1) of the Land Acquisition Act, 1894, which was later challenged in a writ petit…
BALDEV SINGH AND ORS.versusSTATE OF PUNJAB THROUGH COLLECTOR
1996 INSC 8417 August 1996Dismissed
The Supreme Court examined an appeal by Baldev Singh and others challenging the Punjab & Haryana High Court’s reduction of compensation for land acquired under the Land Acquisition Act, 1894. The Collector had fixed Rs 16,000 per acre, the Additional District Judge raised it to Rs 30,000 per acre, and the High Court re…
STATE OF KERALA AND ORS.versusM.N. SANKARA NARAYANAN AND ORS.
1996 INSC 8427 August 1996Disposed off
The State of Kerala challenged a notification issued under the Kerala Preservation of Trees Act, 1986 that prohibited felling of all trees on a 60‑acre parcel which the Supreme Court had earlier declared not to be a private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondents, who…
CHINTAMAN AND ANR.versusSTATE OF MAHARASHTRA AND ANR.
1996 INSC 8437 August 1996Appeal(s) allowed
The appellants challenged the award of compensation for land acquired by the State of Maharashtra for a spinning mill near Nagpur. The Land Acquisition Officer had fixed compensation at Rs 5,000, Rs 3,000 and Rs 2,000 per acre for three categories of land. The reference court enhanced the compensation to Rs 0.40 per sq…
DURGA DASversusTHE COLLECTOR AND ORS.
1996 INSC 8447 August 1996Dismissed
Durga Das purchased a share of land from Kewal Krishan, a member of a family that owned 14 cannals 18 marlas of land. The government acquired part of this land under the Land Acquisition Act, 1894, and the appellant claimed compensation as a tenant in occupation, relying on a mutation entry that listed him as a qualify…
THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, MANGALOREversusBELEKAL KRISHNA BHAT
1996 INSC 8457 August 1996Appeal(s) allowed
The State acquired 11 cents of land for a post office. The Land Acquisition Officer fixed compensation at Rs. 2,50,000 per acre, which the Civil Judge enhanced to Rs. 4,50,000 per acre. The High Court further raised it to Rs. 6,00,000 per acre, relying on a sale deed (Exhibit P‑9) that showed a price of Rs. 48,000 for …
KARAN SINGH AND ORS.versusUNION OF INDIA
1996 INSC 8467 August 1996Dismissed
The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its award on a market value…
JHANDOO (DEAD) BY LRS. AND ORS.versusUNION OF INDIA
1996 INSC 8477 August 1996Dismissed
The appellant’s land, measuring one bigha and 14 biswas, was acquired under a 1957 notification of the Land Acquisition Act, 1894. The reference court awarded compensation at Rs 10 per square yard, relying on the decision in A.N. Bhandari v. Union of India, which the High Court affirmed. The appellant argued that the m…
THE NEW DATAR TRANSPORT CO. (PVT.) LTD.versusSMT. RADHABAI AND ORS.
1996 INSC 8487 August 1996Dismissed
The case concerned a collision between a jeep driven by Shantaram Patki and a passenger bus, resulting in the death of R.J. Kulkarni. The trial court dismissed the claim for damages, deeming the accident inevitable, but the Bombay High Court reversed this, finding the bus driver negligent and upholding a compensation a…
CHANDIGARH HOUSING BOARDversusAVTAR SINGH AND ANR.
1995 INSC 4437 August 1995Appeal(s) allowed
The Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, under Regulation 6, permit only one member among a husband, wife, unmarried children or other family members to receive an allotment of a house or flat. Both Avtar Singh and his wife separately applied for Category II flats an…
PRIYA VART AND ANR.versusUNION OF INDIA
1995 INSC 4447 August 1995Dismissed
The petitioners, Priya Vart and others, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that it should be increased from Rs.10,000 to Rs.14,000 per bigha. The High Court had enhanced the award to Rs.10,000, noting the interior location of the Khyala village lands comp…
UNION OF INDIA AND ORS.versusRABIA BIKANER ETC.
1997 INSC 5187 July 1997Appeal(s) allowed
The widows of a casual railway labourer who had completed six months of service and obtained temporary workman status, but died before being appointed to a temporary post, claimed family pension under the 1964 Family Pension Scheme. The Supreme Court examined whether such pension benefits are available to casual labour…
J.P. RAVIDAS AND ORSversusNAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL CO-OP.
1997 INSC 5197 July 1997Disposed off
The Supreme Court examined the allocation of 40 flats in a cooperative society built on government land, where the builder had allotted them to non‑Dalit members contrary to the reservation regulations favoring Dalits. The Registrar of Cooperative Societies investigated and found the allotments illegal, directing that …
K.G. PADMANABHA PRABHUversusKERALA STATE ELECTRICITY BOARD AND ORS.
1997 INSC 5207 July 1997Dismissed
K.G. Padmanabha Prabhu owned several parcels of land with trees in Polluttu village. The Kerala State Electricity Board, invoking Section 51 of the Indian Electricity Act, 1910 and Sections 10 to 16(3) of the Indian Telegraph Act, 1885, acquired the trees and laid electric lines across the land. The appellant claimed c…
STATE OF HARYANA AND ORS.versusMISS AJAY WALIA
1997 INSC 5217 July 1997Appeal(s) allowed
In 1980 the Haryana Irrigation Department requisitioned four Sub‑Divisional Clerk vacancies, but the Subordinate Service Selection Board prepared a list of 28 candidates in 1982 and recommended eight for appointment in the Hathnikund circle. The Superintendent Engineer returned the list, stating that the circle had not…
FOOD CORPORATION OF INDIAversusBANT SINGH AND ANR.
1997 INSC 5227 July 1997Appeal(s) allowed
The Food Corporation of India (FCI) issued a charge-sheet against Bantsingh and others and, under Rule 58(8) of its Staff Regulations, denied the respondents permission to engage a retired employee, Kamal Kumar, as a defence assistant in the departmental enquiry. The respondents filed a writ petition in the Punjab & Ha…
FENNER (INDIA) LTD.versusPUNJAB AND SIND BANK
1997 INSC 5237 July 1997Appeal(s) allowed
Fenner (India) Ltd entered into an agreement with Vijay Exports for a purchase advance of up to Rs 30 lakh, secured by a bank guarantee issued by Punjab and Sind Bank. Fenner advanced Rs 20 lakh, but Vijay Exports defaulted on repayment, prompting Fenner to sue the bank for the amount advanced plus interest. The trial …
BIR SINGH CHAUHANversusSTATE OF HARYANA AND ANR.
1997 INSC 5247 July 1997Appeal(s) allowed
The appellant, an Executive Engineer, was tasked with a visual inspection of a drainage project and submitted a report. Subsequently, an FIR was lodged against the contractor and staff, leading to the suspension of 95 employees, including the appellant. After reinstatement, the appellant was denied promotion while his …
THE STATE OF TAMIL NADU AND ORS.versusM. NATARAJAN AND ANR.
1997 INSC 5257 July 1997Appeal(s) allowed
The respondents, police personnel, were accused of misbehaving with two women and were subjected to a departmental enquiry and a criminal case, which was later withdrawn. They repeatedly failed to appear before the Enquiry Officer despite several opportunities, leading the Officer to record ex parte findings and recomm…
THE MANAGING DIRECTOR HARYANA SEEDS DEVELOPMENT CORPN. LTD.versusTHE PRESIDING OFFICER AND ANR. ETC.
1997 INSC 5267 July 1997Appeal(s) allowed
The Haryana Seeds Development Corporation Ltd. closed several of its seed sales units after heavy floods, resulting in the termination of several employees, including the respondents. The employees sought a reference under Section 10(1)(c) of the Industrial Disputes Act, claiming that their termination amounted to retr…
DELHI JUDICIAL SERVICE ASSOCIATION (REGD.)versusUNION OF INDIA THROUGH THE SECRETARY AND ORS.
1997 INSC 5277 July 1997Disposed off
The Delhi Judicial Service Association filed a writ petition under Article 32 of the Constitution alleging a shortage of accommodation in the Tis Hazari Courts. The Supreme Court constituted a three‑advocate committee to inspect the premises and report on vacant rooms. The committee identified several vacant rooms, dir…
SHRI IRSHAD ALI AND ORS.versusHAZI ABDUL SUKHUR MOZUMDAR AND ORS.
1997 INSC 5287 July 1997Dismissed
The appellants, owners of a one‑third share in land acquired under the Land Acquisition Act, were awarded compensation by the Land Acquisition Officer, which was later enhanced by the Reference Court under Section 18. The respondent appealed to the High Court, which further increased the compensation. The appellants th…
DELHI ADMINISTRATION (NOW GOVT. OF N.C.T. DELHI)THROUGH THE CHIEF SECRETARY, DELHI AND ORS.versusNAND LAL PANT AND ANR.
1997 INSC 5297 July 1997Disposed off
Nand Lal Pant, a Trained Graduate Teacher appointed in 1974, was asked to officiate as a Post‑Graduate Teacher (Sanskrit) from 1986 when a vacancy arose. He repeatedly sought promotion to the PGT (Sanskrit) post, but his representations were rejected on the ground that there was no regular promotion channel from the TG…
PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC
1997 INSC 4897 May 1997Case Partly allowed
The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered the Labour Court's aw…
MIS. R.S. REKHCHAND MOHOTA SPINNIKG AND WEAVING MILLS LTD.versusSTATE OF MAHARASHTRA
1997 INSC 4907 May 1997Disposed off
The appellant, a spinning and weaving mill, installed pumps in 1989 to draw water from the river Wana for industrial use. The Maharashtra Government, under Section 70 of the Maharashtra Land Revenue Code, 1966, issued a resolution fixing rates of water cess for non‑agricultural purposes, and the Tehsildar levied cess o…
PANJKAJESHversusTULSI GRAMIN BANK AND ANR.
1997 INSC 4917 May 1997Dismissed
The petitioner, a bank official of Tulsi Gramin Bank, was charged under Section 3 of the Regional Rural Banks Act, 1976 for dereliction of duty and, after a disciplinary inquiry, three salary increments were withheld cumulatively. On appeal, the appellate authority ordered that "one increment is released" and warned th…
MURLIDHAR JALAN (SINCE DECEASED) THROUGH HIS LRS.versusSTATE OF MEGHALAYA AND ORS.
1997 INSC 4927 May 1997Dismissed
Murlidhar Jalan, the appellant, claimed title to a parcel of government land on the basis that he had originally obtained a 99‑year lease which expired in 1965. Although the lease was not formally renewed, a government officer continued to accept rent from the appellant. The appellant sought a declaration that he was t…
UITAM NAMDEO MAHALEversusVITHAL DEO AND ORS.
1997 INSC 4937 May 1997Dismissed
The respondent, who owned a parcel of land, served a notice to the appellant to vacate and obtained a final order of eviction, which was confirmed by the Supreme Court. Execution proceedings were later initiated, but the appellant objected, arguing that more than twelve years had elapsed and the order could not be enfo…
ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.
1997 INSC 4947 May 1997Dismissed
Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference before the Industrial T…
Y.R VEERANNAversusSTATE OF KARNATAKA AND ORS.
1997 INSC 4957 May 1997Dismissed
The petitioner, Y.R. Veeranna, claimed occupancy‑tenant rights over 13 acres 24 gunthas in K.R. Nagar Taluk under Sections 44 and 48‑A of the Karnataka Land Reforms Act, filing a Form‑7 application. The Tribunal and the Karnataka High Court rejected his claim because he was not personally cultivating the land; his sons…
STATE OF MAHARASHTRAversusPURSHOTTAM
1996 INSC 6407 May 1996Dismissed
The respondents, originally appointed as Junior Engineers on a work‑charged establishment, were later absorbed into the regular establishment but were omitted from the state‑wide seniority list. They contended that the Government of Maharashtra’s resolutions, which granted a "deemed date" of absorption for seniority pu…
SH. JAG MOHAN CHAWLA AND ANR.versusDERA RADHA SWAMI SATSANG AND ORS.
1996 INSC 6417 May 1996Dismissed
The plaintiffs filed a suit for perpetual injunction to prevent the respondents from interfering with their possession of a specific plot of land. The respondents, in their written statement, claimed to have purchased a different plot and sought a counter‑claim for a permanent injunction to restrain the plaintiffs from…
PUSHPAGIRI MATHversusKOPPARAJU VEERABHADRA RAO
1996 INSC 6277 May 1996Appeal(s) allowed
The plaintiff, Pushpagiri Math, claimed ownership of a parcel of land that had been granted as a Bhatavarthi inam to the great‑grandfather of the respondent, Kopparaju Veerabhadra Rao, for services rendered. The respondent asserted title by prescription after the Inam Abolition and Conversion into Ryotwari Act, 1956 ca…