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K RAMASWAMY

1805 judgments · newest first · showing 1201–1400

DR. KM. SUMAN AGARWALversusTHE VICE CHANCELLOR AND ORS.

1995 INSC 807Disposed off

The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the …

STATE OF U.P.versusSHAKEEL AHMED

1995 INSC 797Appeal(s) allowed

The respondent, Shakeel Ahmed, was detained on July 31, 1989 under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He challenged the detention, and the Allahabad High Court set aside the order on two grounds: a one‑month delay in disposing …

GURMIT KAURversusSURJIT SINGH @ JEET SINGH

1995 INSC 798Appeal(s) allowed

Gurmit Kaur, married in 1971, entered into a mutual consent divorce agreement with her husband Surjit Singh, who subsequently remarried. She filed a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The magistrate granted her Rs.200 per month and Rs.100 for her …

STATE OF PUNJABversusJASBIR SINGH

1995 INSC 799Dismissed

The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search …

BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATIONversusNARENDRA KUMAR MISHRA AND ANR.

1995 INSC 800Dismissed

The respondent, an Assistant Godown Manager, misappropriated Rs. 2,61,859.30 in 1976. A departmental enquiry began in 1979 and prosecution was initially filed in 1985 without the mandatory sanction under Section 197 of the Code of Criminal Procedure, 1973, leading to his discharge. After obtaining …

SURESH H. RAJPUT ETC. ETC.versusBHARTIBEN PRAVIN BHAI SONI AND ORS. ETC.

1995 INSC 801Disposed off

A food inspector collected milk samples from the respondents' premises and, after a public analyst reported adulteration, the local health authority granted sanction under Section 20(1) of the Food Adulteration Act, 1954, to prosecute. The sanction was issued as a cyclostyled order without detailed …

NAHAR SINGHversusSTATE OF U.P. AND ORS.

1995 INSC 802Appeal(s) allowed

Nahar Singh appealed against the State of Uttar Pradesh challenging the validity of a land acquisition proceeding that began in 1974. A notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 were issued, but no award was made. The Land Acquisition …

SRI SISIR KUMAR MOHANTYversusSTATE OF ORISSA AND ANR.

1995 INSC 803Appeal(s) allowed

The appellants, lower‑division clerks in district police offices of Orissa, sought parity in pay scales and benefits with ministerial staff serving in the head offices of the DIG, IG and DGP. The Orissa Administrative Tribunal rejected their claim, holding that the two groups formed separate cadres. …

HARI KRISHNA PATEL AND ANR.versusSTATE OF A.P. AND ANR.

1995 INSC 804Dismissed

Hari Krishna Patel and another filed a suit seeking a declaration of title and a perpetual injunction over a parcel of land in Musheerabad, Hyderabad, alleging purchase from Kulsum Bi. The plaintiffs offered no documentary proof of title except a sale deed executed by the plaintiff's father in 1968. …

THE COLLECTOR, ONGOLE AND ANR.versusNARRA VENKATESWARLU AND ORS.

1995 INSC 805Appeal(s) allowed

The Collector issued a notification under Section 4(1) of the Land Acquisition Act, 1896 to acquire land for the weaker sections (Scheduled Castes and Scheduled Tribes). The High Court quashed the notification on the grounds of colourable exercise of power, non‑application of mind by the Collector, …

STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ORS.versusSARTI DEVI

1995 INSC 790Disposed off

Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts …

UNION OF INDIA AND ORS.versusJAYAKUMAR PARIDA

1995 INSC 791Case Partly allowed

Jayakumar Parida, appointed as an Extra‑Departmental Branch Post Master in 1989, was terminated in 1991 under Rule 6 of the Posts and Telegraph Extra‑Departmental Agents (Conduct and Salaries) Rules, 1964, on the ground that he had produced a false income certificate at the time of appointment. No …

MS. HARVINDER CHAUDHARY SRIVASTAVAversusUNION OF INDIA AND ORS.

1995 INSC 792Disposed off

The Supreme Court entertained a writ petition under Article 32 filed by legal representatives of victims of a fire tragedy in Delhi, seeking compensation for the deceased and for injuries, medical expenses, and mental agony suffered by survivors. The petitioners contended that the Delhi …

G. NAGAMMA AND ANR.versusSIROMENAMMA AND ANR.

1995 INSC 793Appeal(s) allowed

The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of …

MUNICIPAL COMMITTEE, KARNALversusNIRMALA DEVI

1995 INSC 786Appeal(s) allowed

The respondent, Nirmala Devi, constructed a shop on a 4 ft × 6½ ft portion of a road in Karnal that was deemed a public street. The Municipal Committee issued a notice for demolition; when the respondent failed to comply, the Committee demolished the shop. The respondent sued for damages of Rs …

SATYA NARAYAN ATHYAversusHIGH COURT OF M.P. AND ANR.

1995 INSC 787Dismissed

The petitioner, a Civil Judge appointed on probation after six months of training, remained on probation beyond the two‑year period without a confirmation order. The Madhya Pradesh High Court, finding his performance unsatisfactory, discharged him under Rule 52(a) of the M.P. Government Service …

GURBACHAN SINGHversusBRAG SINGH AND ORS.

1995 INSC 788Dismissed

The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the …

BHAGWAN DAS AND ANR.versusSARDAR ATMA SINGH

1995 INSC 777Appeal(s) allowed

The appellants, who were tillers of agricultural land allotted under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, held the land by a temporary sanad in 1954 that became permanent in 1965. After purchasing the land, the respondent, an absentee landlord, sought possession under …

SMT. SHAKUNTALABAI AND ORS.versusSTATE OF MAHARASHTRA

1995 INSC 779Dismissed

In this civil appeal, the Supreme Court examined the method of determining market value for compensation under the Land Acquisition Act, 1894. The State had acquired 20 acres of land from the appellants, and the Land Acquisition Officer fixed compensation based on the claimants' own purchase price …

DURGA PRASAD (DEAD) BY LRS.versusSMT. GITA KUMAR AND ORS.

1995 INSC 780Disposed off

The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending …

P. BHASKARAN AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 781Dismissed

The appellants, LDCs in the Western Zone of the Controller of Imports and Exports, were promoted on an ad‑hoc basis in 1980 after exercising an option for transfer on promotion. The respondents, senior LDCs, were given the same option only in 1981 and claimed seniority over the appellants, arguing …

FOOD CORPORATION OF INDIAversusV.K. SUKUMARAN ETC. ETC.

1995 INSC 782Dismissed

The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of …

MRS. NUTAN J. PATELversusS.V. PRASAD AND ANR.

1995 INSC 770Appeal(s) allowed

Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article …

SHEO NANDAN SINGHversusUNION OF INDIA AND ORS.

1995 INSC 771Dismissed

The appellant, S.N. Singh, a former railway shunting porter, claimed that his true date of birth was 22 January 1936, contrary to the 22 January 1926 recorded in his service file, and therefore argued that he was not liable to retire on 31 January 1984. He challenged the superannuation order before …

THE STATE OF MAHARASHTRAversusNANAKCHAND PYARMAL AND ORS.

1995 INSC 772Disposed off

The State of Maharashtra acquired land under a notification of the Land Acquisition Act, 1894 and the Collector made an award of compensation that the respondents accepted. One claimant later obtained a reference under section 18, and the District Judge enhanced the compensation to Rs.10 per square …

THE STATE OF PUNJAB AND ORS. ETC.versusSHAMBHU NATH SINGLA AND ORS.

1995 INSC 773Disposed off

The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not …

STATE OF PUNJAB AND ORS.versusMOHABIR SINGH ETC. ETC.

1995 INSC 762Disposed off

The respondents entered into a sale agreement for a portion of a house in Jalandhar and presented the deed for registration. The Sub‑Registrar, relying on government‑issued valuation guidelines, believed the market value was higher than stated and demanded a revision before registration. The …

THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.

1995 INSC 763Appeal(s) allowed

The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or …

PEHLAD SINGH AND ANR. ETC.versusUNION OF INDIA

1995 INSC 764Dismissed

The Delhi High Court dealt with an appeal by Pehlad Singh and others challenging the compensation awarded for a small portion of land acquired under the Land Acquisition Act, 1894. The land acquired totaled 8.40 acres, but the appellants' interest was a small extent, for which compensation was fixed …

RATAN LAL GUPTA AND ORS.versusUNION OF INDIA

1995 INSC 765Appeal(s) allowed

The Supreme Court examined the compensation awarded for the acquisition of 28 bighas (5.29 acres) of land in Yaquatpur, Delhi under the Land Acquisition Act. The Collector had fixed Rs 5,000 per bigha with solatium and interest, while lower courts reduced the value to Rs 30 per square yard and later …

MIR SINGH AND ORS.versusUNION OF INDIA

1995 INSC 766Dismissed

The appellants' land, covering 966 bighas, was acquired under Section 4(1) of the Land Acquisition Act, 1894, with a notification dated 24 October 1961. The Delhi High Court fixed compensation at Rs 12 per square yard (Rs 12,000 per bigha), following the uniform rate applied in the earlier Sanwalia …

SANT RAM AND ORSversusUNION OF INDIA

1995 INSC 767Dismissed

The appellants, Sant Ram and others, challenged the compensation awarded for their land acquired under the Land Acquisition Act, 1894. The Collector initially fixed compensation at Rs. 4,280 per bigha, which was later enhanced by the Additional Judge to Rs. 6,420 and by the Delhi High Court to Rs. …

RAJPALversusSTATE OF HARYANA AND ORS.

1995 INSC 756Appeal(s) allowed

The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment …

RESHAM SINGH PYARA SINGHversusABDUL SATTAR

1995 INSC 757Dismissed

The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. PANDURANG AND ORS.

1995 INSC 758Appeal(s) allowed

The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, …

PRAKASH MAROTIRAO SHEREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 754Disposed off

The Supreme Court heard an appeal by Prakash Marotirao Shere challenging the High Court's order that the State Government appoint an administrator to oversee the election of a Maharashtra cooperative society. The Court had previously directed the appointment of an administrator and set a timetable …

STATE OF WEST BENGALversusSUBAL CHANDRA DAS AND ORS.

1995 INSC 755Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that created an intermediate pay scale for direct‑recruit Lower Division Clerks (LDCs) after the posts of Muharrirs were redesignated and fused into the LDC cadre. The Supreme Court examined whether former Muharrirs, now LDCs, …

SHANTISTAR BUILDERSversusNARAYAN KHIMALAL GOTAME AND ORS. ETC.

1995 INSC 753Disposed off

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit …

ASHWANI KUMAR AND ORS. ETC. ETC.versusSTATE OF BIHAR AND ORS. ETC. ETC.

1995 INSC 743Disposed off

The Supreme Court examined the massive appointment of over 6,000 Class III and IV employees by Dr. A.A. Mallick, Deputy Director of the Tuberculosis Scheme, without written orders and in violation of the 1980 and 1982 recruitment circulars. The appellants claimed that their casual appointments were …

AMITA KAUSHISH AND ORS.versusSANJAY KAUSHISH AND ORS.

1995 INSC 748Disposed off

The Supreme Court entertained an appeal under Article 136 seeking special leave to direct the Delhi High Court to fix an early date for the final hearing of a pending appeal. The High Court had earlier ordered the matter to be listed for hearing on October 17, 1994, but the date had lapsed and the …

JAI NARAIN RAMversusSTATE OF U.P. AND ORS.

1995 INSC 749Appeal(s) allowed

In 1988 the Uttar Pradesh government advertised fifteen Treasury Officer‑Accounts Officer posts, four of which were reserved for Scheduled Caste (SC) candidates. The State Public Service Commission (PSC) recommended four names, but those candidates never joined the service. The appellant, Jai Narain …

STATE OF M.P. AND ORS.versusSHYAMA PARDHI ETC. ETC.

1995 INSC 750Appeal(s) allowed

The Madhya Pradesh Public Health and Family Welfare Department’s 1989 recruitment rules for Auxiliary Nurse‑cum‑Midwife (ANM) required a 10+2 qualification with Physics, Chemistry and Biology. The respondents, who lacked this qualification, were nevertheless selected by the District Medical Officer …

STATE OF TAMIL NADU AND ANR. ETC.versusMAHALAKSHMI AMMAL AND ORS. ETC.

1995 INSC 751Appeal(s) allowed

The State acquired land under the Land Acquisition Act, 1894, publishing a notification in 1978, making an award in 1986 and taking possession later that year. The respondents challenged the acquisition on grounds of alleged discrimination under Article 14, the effect of an errata notification, …

SMT. SNEH PRABHAversusSTATE OF U.P. AND ANR.

1995 INSC 737Dismissed

The State of Uttar Pradesh published a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for development. The State later issued a Land Policy offering alternate plots to owners whose land was acquired, categorising owners by land size. Government Orders clarified …

JAGDISH PRASADversusTHE STATE OF BIHAR AND ANR.

1995 INSC 725Dismissed

Jagdish Prasad, who was four years old when his father, a government employee, died in harness in 1971, filed a writ petition after attaining majority in 1994 seeking a compassionate appointment. The High Court dismissed the petition, and the appellant appealed to the Supreme Court. The Court held …

DAKSHABEN B. PATELversusTHE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.

1995 INSC 712Appeal(s) allowed

Dakshaben B. Patel appealed against the Administrator of the UT of Daman and Diu after the Central Administrative Tribunal extended her time by six months to obtain an M.Phil degree. She secured the degree within the extended period, and a notification dated 6 July 1992 confirmed her eligibility. …

VIDESH SANCHAR NIGAM LTD.versusM. V. KAPITAN KUD AND ORS.

1995 INSC 716Appeal(s) allowed

Videsh Sanchar Nigam Ltd. sued the foreign vessel M.V. Kapitan Kud for damage to an international submarine cable, alleging the ship’s anchor caused a break. The Bombay High Court arrested the vessel and later ordered its release on security, a decision appealed to the Supreme Court. The Court …

UNION OF INDIA AND ORS.versusMUNSHA AND ORS.

1995 INSC 705Appeal(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 …

THE STATE OF MAHARASHTRA AND ANR.versusUMASHANKAR RAJABHAU AND ORS.

1995 INSC 708Appeal(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, …

MUNI LALversusTHE ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. AND ANR.

1995 INSC 709Dismissed

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 …

JAGE RAM AND ORS. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 710Dismissed

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, …

ABHJJIT TEA COMPANY PVT. LTD.versusTERAI TEA CO. (P) LTD. AND ORS.

1995 INSC 699Disposed 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 …

DR. L.M. NATHversusDR. S.K. KACKER AND ORS.

1995 INSC 701Appeal(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. …

LAXMI CHAND & ORS.versusGRAM PANCHAYAT, KARARIA AND ORS.

1995 INSC 688Dismissed

The petitioners challenged the acquisition of their land by a Gram Panchayat for a school, arguing that the Land Acquisition Officer (LAO) had lost jurisdiction after initially dropping the proceedings due to the Panchayat’s lack of funds. The Supreme Court held that the LAO retained power to reopen …

NARESH J. SUKHAWANIversusUNION OF INDIA

1995 INSC 689Dismissed

The Customs officials seized foreign exchange worth Rs.13,27,212 being exported from India. During investigation, a co‑accused, Mr. Dudani, gave a statement to customs officers under Section 108 of the Customs Act, implicating both himself and the petitioner, Mr. Sukhawani, in the contravention. The …

STATE OF U.P. AND ORS.versusU.P. MADHYAMIK SHIKSHA PARISHAD SHRAMIK SANGH

1995 INSC 690Appeal(s) allowed

The U.P. Madhyamik Shiksha Parishad employed daily wage workers as class‑IV staff for manual tasks during examinations, paying them a daily rate fixed by the District Magistrate under the Minimum Wages Act. The workers filed a writ petition seeking regularisation and equal pay with regular class‑IV …

STATE OF HARYANA AND ORS.versusDEWAN SINGH AND ORS.

1995 INSC 691Appeal(s) allowed

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 22 January 1981 and the Collector made an award on 19 April 1984, dispensing with the enquiry required by Section 5‑A by invoking Section 17(4). The landowners filed a writ petition on 13 May 1985 …

MARKET COMMITTEE, HODALversusKRISHAN MURARI AND ORS.

1995 INSC 692Appeal(s) allowed

The Market Committee, Hodal appealed against a High Court order that had set aside a land acquisition award on the ground that the government’s dispensing with the enquiry required under Section 5A of the Land Acquisition Act, 1894 was invalid. The award had been made on 19 May 1984, possession …

S. PRABHA SINGH DHILLON ETC. ETC.versusHOSHIARPUR IMPROVEMENT TRUST AND ORS.

1995 INSC 693Disposed off

The petitioners, owners of land acquired under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, sought solatium, interest, and an additional amount after the award and supplementary award were made. The Supreme Court examined whether owners who remained in possession of the land were …

MOHD. QAISERversusL.K. SINHA AND ORS.

1995 INSC 694Disposed off

The petitioner, a former railway employee, filed a contempt petition against the General Manager of Northern Railway for failing to comply with a court order directing payment of Rs 50,000. The General Manager claimed he only learned of the order on 27 September 1995, issued a cheque on 29 …

PRAMLLAversusRAMESHWAR AND ANR.

1995 INSC 686Disposed off

The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of …

JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusCHILDREN'S ACADEMY, JAIPUR AND ANR.

1995 INSC 687Appeal(s) allowed

The Jaipur Development Authority (JDA) offered 15,000 sq. yards of land to Children’s Academy at a reserved price of Rs 160 per sq. metre, requiring full payment of Rs 20,31,820.90. The Academy deposited only Rs 1 lakh, leading to cancellation of the offer. A fresh offer was later made under the …

UNION OF INDIA AND ANR.versusG.K. VAIDYANATHAN AND ORS.

1995 INSC 673Appeal(s) allowed

The dispute concerned seniority in the post of Chargeman Grade‑I in the Ministry of Defence, where recruitment was by promotion and direct recruitment under an 80:20 rotation rule. The first respondent (a promotee) was placed junior to direct recruits in the 1982 seniority list and sought its …

SRI MANOHARversusSTATE OF KARNATAKA AND ORS.

1995 INSC 674Disposed off

Sri Manohar appealed against the Karnataka Administrative Tribunal’s dismissal of his service law claim on the ground of laches. The Tribunal had accepted the employer’s explanation for the delay and dismissed the case without a counter‑affidavit from the respondents. The Supreme Court noted that …

PUNJAB STATE AND ANR.versusDARSHAN KUMAR

1995 INSC 675Appeal(s) allowed

Darshan Kumar filed a suit on 25 September 1989 challenging several orders of the competent authority that had withheld his service increments. The trial court held the suit was not barred by limitation because the enquiry procedure under the relevant rules was not followed. The appellate court …

MANDEEP KUMAR ETC.versusSTATE OF HARYANA AND ANR. ETC.

1995 INSC 676Appeal(s) allowed

The appellants, former government employees, were dismissed for multiple unauthorised absences amounting to marginal lapses of one to two days. They challenged their dismissal before the Supreme Court, seeking reinstatement with full back‑pay. The Court examined whether such marginal lapses …

STATE OF MANIPURversusSHRI NAMBAM DWIJEN SINGH AND ORS.

1995 INSC 677Disposed off

The State of Manipur appealed a Gauhati High Court order that had upheld the filling of vacant Executive Engineer posts in the Civil Circle of the Electricity Department without directing the government to fill all vacancies. The Supreme Court observed that before deciding the merits, the State …

STATE OF GUJARATversusNARGES K. PANTHAKY

1995 INSC 678Appeal(s) allowed

The State of Gujarat initiated proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 to determine the ceiling and surplus area of a parcel of land. The respondent claimed that an agreement dated 14 October 1969 had transferred 30 acres to his mother, a transfer that had been recorded …

INDER SINGH AND ORS.versusUNION OF INDIA AND ANR.

1995 INSC 679Dismissed

The Land Acquisition Collector issued an award fixing compensation for three belts of land. Twenty‑two landowners, including the appellants, signed Form K under Rule 9(5)(i) of the Rules, thereby accepting the compensation without protest. Subsequently the appellants filed a writ petition in the …

THE CANTONMENT BOARD. JABALPLIR AND ORS.versusSRI S.N. AWASTHI AND ORS.

1995 INSC 680Disposed off

The Jabalpur Cantonment Board had initially granted permission to S.N. Awasthi and others to construct a building, but later cancelled it. The respondents challenged the cancellation before the High Court, which set aside the cancellation on grounds of natural justice, lack of distinction between …

M/S. LONGIA BIRL COMPANY THROUGH MD. ZIRAZUDDINversusUNION OF INDIA AND ORS.

1995 INSC 681Disposed off

M/s Longia Bir Company, through its MD, appealed to the Supreme Court against a Patna High Court order dismissing its writ petition concerning the computation of liability under the Provident Fund Miscellaneous Provisions Act, 1952. The appellant argued that it was not given an opportunity to be …

BAPU MAHADU. MALI & ORS.versusVITHALRAO BHAUSAHEB DESHMUKH AND ANR.

1995 INSC 682Dismissed

In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, …

THE SPECIAL LAND ACQUISITION OFFICERversusSIDDAPPA UJANAPPA MADAR

1995 INSC 683Appeal(s) allowed

The Special Land Acquisition Officer appealed against a compensation order awarded to Siddappa Ujanappa Iviadar, challenging the applicability of Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act. The Court observed that the questions raised had …

GAUHATI UNIVERSITYversusSHRI NIHARLAL BHATTACHARJEE

1995 INSC 684Appeal(s) allowed

The Gauhati University was served a summons on 28 May 1990 to appear on 29 May 1990 in a suit. The University sought an adjournment, the case was adjourned to 19 July 1990, but the new date was never communicated, leading to an ex parte decree. The University filed an application under Order IX Rule …

B.C. CHATURVEDIversusUNION OF INDIA AND ORS.

1995 INSC 661Appeal(s) allowed

The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the …

STATE OF TAMIL NADU AND ORS. ETC.versusL. KRLSHANAN AND ORS. ETC.

1995 INSC 662Disposed off

The Supreme Court examined three notifications issued under Section 4 of the Land Acquisition Act for acquiring land for the Tamil Nadu Housing Board. It held that a final and effective scheme under the Tamil Nadu Housing Board Act is not a pre‑condition for issuing such a notification, and that the …

PAPANNA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 665Dismissed

The appellants filed Civil Appeals Nos. 6258‑59 of 1983 challenging the validity of a notification issued under section 4(1) of the Land Acquisition Act. The decree sought to be challenged was common to all appellants and was indivisible. The court had earlier directed the senior‑advocate‑designated …

STATE OF MAHARASHTRAversusBABU GOVIND GAVATE ETC.

1995 INSC 666Dismissed

The State of Maharashtra acquired land for an electricity sub‑station under the Land Acquisition Act, 1894, awarding Rs 5,000 per acre but deducting one‑third of the amount as interest per a 1972 government circular. The landowner challenged this deduction, and while the appellate court upheld it, …

CENTRAL BANK OF !NOIAversusM/S. MADAN LAL AND BROTHERS AND ORS.

1995 INSC 667Disposed off

The Central Bank of India obtained a decree against M/s. Madan Lal and Brothers for a debt and directed execution against a hypothecated factory premises. The respondents contended that the property should be sold at its market value, with the proceeds applied to the decree, and that any shortfall …

SMT. INDUMATI CHITALEYversusGOVERNMENT OF INDIA AND ANR.

1995 INSC 668Appeal(s) allowed

The Central Government acquired 17.57 acres of land within Nagpur municipal limits for a grain godown under the Land Acquisition Act, 1894. The acquisition officer paid compensation based on a per‑square‑foot market value, while the reference court and the High Court used differing methods, leading …

SMT. JAYAMMA AND ANR.versusSMT. THIMMAMMA (DEAD) BY L.RS.

1995 INSC 669Appeal(s) allowed

The respondents, daughters of Doddahanumegowda, filed a suit seeking exclusive possession of his coparcenary property, asserting that as the sole surviving coparcener D could bequeath the entire estate to them. The appellants, daughters of D’s predeceased son Chikhanumegowda, claimed a right to a …

MARWARI PANCHAYAT, AMRITSAR ETC.versusSTATE OF PUNJAB AND ORS.

1995 INSC 670Dismissed

The appellant challenged the validity of land acquisition proceedings initiated by Khanna Improvement Trust under the Punjab Town Improvement Act, 1922. The High Court dismissed the writ petition on the ground that it was filed belatedly, having been filed in 1988 despite the notification of …

YADU NANDAN GARGversusSTATE OF RAJASTHAN AND ORS.

1995 INSC 671Dismissed

The appellant purchased land in 1970 and built a house after a preliminary notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 had been issued in 1963 for the planned development of Jaipur. The declaration under Section 6 was only published in 1991, and the appellant’s …

SHRI JAGDISH SINGHversusSTATE OF HARYANA AND ORS.

1995 INSC 672Dismissed

The case concerned Jagdish Singh's challenge to the compensation awarded for land acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed different rates for two blocks, which were later consolidated by the reference court and the Punjab & Haryana High Court to a …

GOPALAKRISHAN AND ORS.versusUNION OF INDIA

1995 INSC 654Dismissed

The appellants, who were Upper Division Clerks receiving a special pay of Rs 35 per month, were promoted to Head Clerks/Chief Clerks after a 1979 memo that barred the continuation of that special pay upon promotion. A Board of Arbitration later directed that the special pay be granted to promoted …

SMT. BELI RAM SINGH CHOWDHARY AND ORS.versusSTATE OF ASSAM

1995 INSC 657Disposed off

The appellants filed a suit claiming that certain lands in Chaibari Village were transferred to their predecessor as dowry and that they had continued possession, asserting that the lands were not vested in the State under the Assam Acquisition of Zamindaries Act, 1951. The trial court decreed in …

BHATTAD LEASING AND FINANCE CO. LTD.versusMR. NUSLI NEVILLE WADIA AND ORS.

1995 INSC 641Dismissed

Bhattad Leasing and Finance Co. Ltd. appealed to the Supreme Court against a contempt proceeding initiated by the Bombay High Court against Mr. N. Neville Wadia and others. The High Court had alleged that respondents 5, 6 and 7 violated a status‑quo order dated 30 May 1994, while respondents 1‑4 …

THE STATE OF PUNJAB AND ANR.versusJAGIR SINGH ETC.

1995 INSC 644Appeal(s) allowed

The State of Punjab appealed against a High Court order that, while confirming the Collector's award of compensation for land acquisition, also granted additional statutory benefits under the Land Acquisition (Amendment) Act, 1984. The Supreme Court held that a court can award the extra amounts …

STATE OF KARNATAKAversusMALLINATH AND ORS.

1995 INSC 645Appeal(s) allowed

The State of Karnataka appealed against the award made by the Collector in a land acquisition proceeding involving Mallinath and others. The issue was whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by the Land Acquisition (Amendment) Act 68 of 1984, which provides for …

DEOKINANDAN AND ORS.versusSURAJPAL AND ORS.

1995 INSC 646Appeal(s) allowed

In a civil suit concerning 0.7 acres of land covered by the U.P. Zamindari Abolition and Land Reforms Act, 1951, the defendant objected that the suit was barred under Section 331 of the Act. The trial court and the appellate court rejected the objection, and the High Court dismissed the second …

PROPRIETOR, M/S. JABALPUR TRACTORSversusSEDMAL JAINARAIN AND ANR.

1995 INSC 647Appeal(s) allowed

The proprietor of Mis. Jabalpur Tractors claimed garage charges of Rs. 18,000 against Sedmal Jainarain and another. The same dispute was already pending before the District Court (C.S. No. 49‑B/1990). The State Consumer Forum held the claim could not be entertained as it was sub‑judice, but the …

COMMISSIONER, SALEM MUNICIPALITYversusT. KURALMANI AND ANR.

1995 INSC 648Appeal(s) allowed

The Commissioner of Salem Municipality appealed to the Supreme Court against an order of the Tamil Nadu Administrative Tribunal that had summarily disposed of the matter without hearing the rival contentions. The Supreme Court held that the Tribunal was not justified in such summary disposal, as the …

NANDKUMAR NARAYANRAO GHODMAREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 649Appeal(s) allowed

The appellant, a colour‑blind candidate, was selected by the Public Service Commission for the post of Agricultural Officer (Class II) but was not appointed because of his visual handicap. The appellant challenged the refusal before the Maharashtra Administrative Tribunal, which dismissed his claim, …

STATE OF MAHARASHTRA AND ANR.versusPOOJA BREW-CHEM INDUSTRIES P. LTD. AND ANR.

1995 INSC 576Appeal(s) allowed

Maharashtra State and others appealed a Bombay High Court order that directed the issuance of a D.S.V. licence and release of an alcohol quota to Pooja Brew‑Chem Industries Ltd. The company had applied for a licence under Rule 26 of the Bombay Denatured Spirit Rules, 1959, to manufacture certain …

STATE OF ANDHRA PRADESHversusKORUKONDA SURYANARAYANA CHOWDHARY

1995 INSC 577Appeal(s) allowed

The State of Andhra Pradesh sued Korukondasuryanarayana Chowdhary alleging that lands he had sold were to be counted towards his agricultural‑holding ceiling under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Chowdhary submitted an affidavit stating that the sale …

MADHUKAR BAKRU PINGALversusSHRI RAJENDRA D. GAIKWAD AND ORS.

1995 INSC 567Appeal(s) allowed

The appellant, Madhukar B. Pingal, was selected and appointed as Police Patil based on a selection scheme that allotted 50 % of the total marks to a written test and 50 % to a viva‑voce. An unsuccessful candidate (Respondent‑I) challenged the appointment before the Maharashtra Administrative …

DILAWAR SINGH (DEAD) THROUGH LRS.versusADDL. DISTRICT JUDGE, GHAZIABAD

1995 INSC 568Dismissed

The appellant, Dilawar Singh (deceased) through his legal representatives, filed a return under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, claiming that he had gifted several parcels of land to his grand‑nephew. The Prescribed Authority and the lower appellate court …

G. SRIDHARAMURTIversusHINDUSTAN PETROLEUM CORPORATION LTD. AND ANR.

1995 INSC 569Dismissed

The landlord leased premises to Esso Company in 1969. When Esso merged into Hindustan Petroleum Corporation Ltd (HPC) in 1974, the landlord filed an eviction suit under the Karnataka Rent Control Act, 1961 alleging sub‑letting. The lower courts dismissed the suit, holding that under the Esso …

DELHI CLOTH AND GENERAL MILLS CO. LTD.versusSTATE OF M.P. AND ORS.

1995 INSC 560Dismissed

The appellant, Delhi Cloth and General Mills Co. Ltd., was the manufacturer of vanaspati ghee that was found adulterated when sold by Laxmi Narain, who was prosecuted under Section 16 of the Prevention of Food Adulteration Act, 1954. During the trial, the magistrate, on the basis of evidence that …

STATE OF KERALAversusMALAYALAM PLANTATION LTD.

1995 INSC 561Dismissed

The State of Kerala acquired 8.83 hectares of land under Section 19 of the Kerala Land Acquisition Act, 1963, to extract granite for a dam project. A commissioner was appointed to assess the quantity of granite, the extent of land, and the compensation payable, reporting 7,12,500 cubic meters of …

SARDAR DILSHAR SINGHversusTHE LABOUR COMMISSIONER AND ANR.

1995 INSC 562Dismissed

The appellant, a partner in a firm, was subject to a Labour Court certificate directing the District Collector to recover Rs. 62,843.50 as arrears of land revenue under the Punjab Land Revenue Act, 1887. When a bailiff attempted to attach his movable property, the appellant promised to appear before …

SH. JANGLI AND ORS.versusSMT. BHAGWATI AND ORS.

1995 INSC 563Dismissed

The appellant, a tenant of Smt. Ajudhia, sought a declaration of title over a parcel of agricultural land that had been sold in execution of a money decree against her and later transferred to an auction‑purchaser, respondent No. 11. The appellant had earlier obtained a decree under the Punjab …

KONDOPANTversusARJUNA AND ORS.

1995 INSC 566Dismissed

In a review petition arising from a civil appeal, the Bombay High Court had earlier declared the respondent a surplus holder under the Land Ceiling Act and allowed him to file a review if he was later found to be within the ceiling limit. The review petition was filed, but it raised new grounds that …

SH. KISHAN DAS AND ORS.versusTHE STATE OF U.P. AND ORS.

1995 INSC 564Dismissed

The appellants' land was acquired in September 1976 and possession was taken on December 16, 1976. Due to litigation, the Land Acquisition Officer could not pass the award until March 22, 1983. The appellants claimed interest at 12% per annum for the delay. The Supreme Court held that under Section …

BHOOP SINGHversusRAM SINGH MAJOR AND ORS.

1995 INSC 553Dismissed

The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts …

KAMESHWAR PRASADversusSTATE OF BIHAR AND ORS.

1995 INSC 555Appeal(s) allowed

Kameshwar Prasad was appointed as a vaccinator under the Small Pox Eradication Scheme in 1975. The scheme was discontinued in 1985 and a resolution (No. 2215, 11‑Feb‑1985) directed that 25% of senior officers be retained and the remaining 75% be absorbed in equivalent regular posts. While awaiting …

K. ADIVI NAIDU AND ORS.versusE. DURUVASULU NAIDU AND ORS.

1995 INSC 556Appeal(s) allowed

In a partition suit concerning joint family property, the trial court issued a preliminary decree dividing the schedule properties into two equal shares, one to the plaintiff and one to the first defendant. The decree was confirmed by a single High Court judge but set aside by a division bench, …

SANTOSH JAYASWAL AND ANR.versusSTATE OF M.P. AND ORS.

1995 INSC 557Disposed off

The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The …

J. VASUDEVANversusT.R. DHANANJAYA

1995 INSC 547Rejected

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 …

STATE OF BIHAR AND ORS.versusTATA ENGINEERING AND LOCO.CO. LTD. AND ANR.

1995 INSC 548Disposed 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 …

RAIMATI SAHUANIversusPANKA.JA SAHU (DEAD) BY LRS. AND ORS.

1995 INSC 549Appeal(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, …

UNION OF INDIAversusAJOY KUMAR PATNAIK

1995 INSC 550Appeal(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 …

STATE OF M.P.versusSURESH GUPTA AND ANR.

1995 INSC 551Disposed 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 …

R. CHANDEVARAPPA ETC. ETC.versusSTATE OF KARNATAKA AND ORS. ETC. ETC.

1995 INSC 552Dismissed

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 …

PALGHAT BPL AND PSP THOZHILALI UNIONversusBPL INDIA LTD. AND ANR.

1995 INSC 544Appeal(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, …

J.G. PRASADA RAO ETC. ETC.versusTHE SECRETARY TO GOVERNMENT AND ORS. ETC. ETC.

1995 INSC 545Appeal(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 …

MAJOR ASHOK KUMAR SINGHversusVITH ADDL. SESSIONS JUDGE, VARANASI AND ORS.

1995 INSC 541Dismissed

The appellant and respondent were married in 1981. The wife filed a petition under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance and a separate residence on the ground that the husband was impotent and neglected her. The magistrate awarded Rs. 500 per month, which was …

C. RAVICHANDRAN IYERversusJUSTICE A.M. BHATTACHARJEE

1995 INSC 537Disposed off

The petitioner, a practising advocate, filed a public‑interest writ under Article 32 seeking to restrain the Bar Council of Maharashtra and Goa, the Bombay Bar Association and the Advocates' Association of Western India from pressuring the Chief Justice of the Bombay High Court, Justice A.M. …

DHARAMVIRversusSTATE OF U.P. AND ORS.

1995 INSC 535Disposed off

The appellant, Dharmavir, worked as a teacher at Adarsh Higher Secondary School from 3 September 1985 after a reserved post remained vacant and another teacher left. He claimed entitlement to salary for the period he performed duties, while the Management alleged that he had already received double …

BRIGHU NATH SAHAY SINGH AND ORS.versusMD. KHALILUR RAHMAN AND ORS.

1995 INSC 536Dismissed

The appellants, former land intermediaries, claimed ownership of a 4‑bigha agricultural plot in Begusarai, Bihar, and obtained a decree for possession in the trial court and first appellate court. The Patna High Court reversed, holding that under the Bihar Land Reforms Act, 1950, the land vested in …

U.P. SALES TAX ASSN.versusTAXATION BAR ASSOCIATION AND ORS.

1995 INSC 525Appeal(s) allowed

The Uttar Pradesh Sales Tax Association challenged a writ issued by the Allahabad High Court that restrained a Deputy Commissioner (Appeals) Sales Tax, Agra, from exercising his quasi‑judicial powers under Section 9 of the Uttar Pradesh Sales Tax Act, 1948, and ordered the transfer of his pending …

RAM KISHANversusUNION OF INDIA AND ORS.

1995 INSC 529Appeal(s) allowed

Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), …

K. KANDASWAMYversusUNION OF INDIA AND ANR.

1995 INSC 530Dismissed

K. Kandaswamy, an IPS officer, was compulsorily retired by the Government of India under Rule 56(j) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, after a special report raised doubts about his integrity, including a suspicious request to purchase a coffee estate. He …

B.D. JADHAVARversusK.D. BHAGWAN AND ORS.

1995 INSC 531Dismissed

The appellant was initially appointed as an ad‑hoc lecturer in a college that lacked sufficient students, and was transferred to another college where he was directed to report for duty. Instead of reporting, he demanded a regular appointment, which was refused, and he obtained a tribunal order …

AWADH BIHARI YADAV AND OTHERSversusTHE STATE OF BIHAR AND OTHERS

1995 INSC 522Dismissed

The Society (Budha Griha Nirman Sahyog Samiti Ltd.) sought acquisition of 32.48 acres of land under emergency provisions of the Land Acquisition Act, 1894. The State of Bihar, through the Patna Development Authority, took possession of the land but failed to complete the award within two years, …

DR. G.N. KHAJURIA AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

1995 INSC 523Appeal(s) allowed

The appellants, residents of Sarita Vihar, challenged the Delhi Development Authority’s (DDA) allotment of park land to a private institute for operating a nursery school. They argued that the land was reserved for a park under the Delhi Development Act, 1957 and the corresponding zoning rules, …

STATE OF HIMACHAL PRADESHversusNIKKU RAM AND ORS.

1995 INSC 519Case Partly allowed

The deceased Roshani was married in 1985 and, five to six months later, her husband, mother‑in‑law and sister‑in‑law allegedly demanded additional dowry items such as a television, fan and buffalo. The mother‑in‑law allegedly inflicted a wound with a sickle; the deceased later ingested naphthalene …

STATE OF PUNJABversusPRITAM SINGH ETC. ETC.

1995 INSC 520Dismissed

The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & …

V.M. MATHEWversusV.S. SHARMA AND ORS.

1995 INSC 510Appeal(s) allowed

The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce …

STATE OF ORISSAversusDHOBEI SETHI AND ANR.

1995 INSC 511Appeal(s) allowed

The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) …

UNION OF INDIA AND ORS.versusN.V. PHANNENDRAN

1995 INSC 512Appeal(s) allowed

N.V. Phannendran, a travelling ticket examiner, was removed from service by the Divisional Railway Manager (DRM). He challenged the removal before the Central Administrative Tribunal (CAT), arguing that the DRM, not being the appointing authority, lacked competence to impose removal under the …

SPECIAL LAND ACQUISITION OFFICER, BANGALOREversusSRI DYAVAPPA AND ORS.

1995 INSC 513Dismissed

The Special Land Acquisition Officer acquired 7.14 cents of land near Bangalore for an agricultural university. The Collector awarded Rs 12,000 per acre for 5.20 cents of agricultural land and Rs 1,000 per acre for 1.34 cents treated as phot‑kharab land. On reference under s.18, the Court relied on …

U.P. STATE SUGAR CORPORATION LTD.versusSTATE OF U.P. AND ORS.

1995 INSC 515Appeal(s) allowed

The appellant, U.P. State Sugar Corporation Ltd., sought exemption of 2.18 acres of a 2.40‑acre parcel slated for acquisition under the Land Acquisition Act, 1894, arguing that the land was needed for the convenient enjoyment of its General Manager's residence and staff quarters. The corporation …

STATE OF U.P.versusRAVINDER NATHCHATURVEDI AND ANR.

1995 INSC 503Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court's order that set aside a disciplinary penalty imposed on Ravinder Nath Chaturvedi and another respondent. The High Court had held that the respondents were not given a reasonable opportunity to be heard during the inquiry and that …

UNION OF INDIAversusRANGJLA RAM (DEAD) BY LRS.

1995 INSC 504Appeal(s) allowed

The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of …

STATE OF U.P.versusRATAN LAL ETC.

1995 INSC 505Disposed off

The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of …

JAWALA RAM AND ANR.versusSTATE OF H.P.

1995 INSC 506Appeal(s) allowed

The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, …

CHANDRASHEKHAR GAJANAN BHOGAONKARversusYESHWANT DHONDI POTDAR AND ORS

1995 INSC 507Dismissed

The appellant, Chandrashekhar Gatanan Bhogaonkar, filed a civil appeal challenging the findings of lower courts regarding his possession of a disputed parcel of land and the grant of an ad interim injunction. The trial court held that the appellant was in possession and that granting an injunction …

T.R. DHANANJAYAversusVASUDEVAN

1995 INSC 497Case Allowed

The petitioner, T.R. Dhananjaya, was entitled by a Supreme Court direction to be promoted to Engineer‑in‑Chief and to receive consequential benefits, with the Bangalore City Corporation instructed to create a supernumerary post for him. The Karnataka Government, however, issued an order promoting …

STATE OF HIMACHAL PRADESH AND ORS.versusSHRI DHARAM DAS

1995 INSC 498Appeal(s) allowed

The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to …

V.M. SHAHversusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 499Appeal(s) allowed

The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a …

MORINDA CO-OP. SUGAR MILLS LTD.versusRAM KISHAN AND ORS. ETC.

1995 INSC 500Appeal(s) allowed

The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 …

STATE OF GUJARAT ETC. ETC.versusDAYA SHAMJI BHAI ETC. ETC.

1995 INSC 501Appeal(s) allowed

The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference …

VIJAYKUMAR DURGAPRASAD GAJBI AND ORSversusKAMLABAI AND ORS.

1995 INSC 490Dismissed

The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their …

STATE OF HARYANA AND ANR.versusD.L. UPPAL AND ORS.

1995 INSC 491Disposed off

The respondents were Physical Training Instructors employed by the Central Government who were later absorbed into the Haryana State Service as P.E.T.s/D.P.Es effective July 1, 1976. Their appointment order stipulated that from the date of absorption they would receive all allowances admissible to …

KULDIP CHANDversusUNION OF INDIA AND ORS.

1995 INSC 492Dismissed

Respondent-4 (Ashok Kumar) claimed promotion to accountant, asserting seniority as a clerk since November 29, 1976, after the octroi moharrar and clerk posts were merged. The appellant (Kuldip Chand) argued that his fortuitous posting as a store‑keeper, though at a higher pay scale, gave him …

ST ATE OF BIHAR AND ORS. ETC. ETC.versusB.S. MATHUR AND ORS. ETC. ETC.

1995 INSC 493Appeal(s) allowed

The respondents were government servants who were deputed to the Rajendra Agricultural University, resigned from government service and were subsequently absorbed as university employees. Upon their retirement, the State of Bihar denied liability for any pension, relying on section 39(20) of the …

JETHI DEVIversusBHAKRA BEAS MANAGEMENT BOARD AND ANR.

1995 INSC 494Appeal(s) allowed

The appellant, a widow of a deceased government employee, was appointed to a Class IV post on compassionate grounds under a rehabilitation scheme. Her services were later terminated on the ground that she had allegedly married her late husband's brother and concealed this marriage and the birth of a …

D.D.A.versusBHAVANA COOP. GROUP HOUSING SOCIETY LTD.

1995 INSC 495Appeal(s) allowed

The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its …

ANIL SARANversusTHE STATE OF BIHAR AND ANR.

1995 INSC 496Dismissed

The appellant, a partner in a film‑exhibition partnership, was alleged to have colluded with another firm to misappropriate film prints and proceeds, leading the second respondent to file a complaint before the Chief Judicial Magistrate, Patna. The Chief Judicial Magistrate examined the complainant …

NAMDEOversusCOLLECTOR, EAST NEEMAR, KHANDWA AND ORS.

1995 INSC 486Dismissed

The appellant Namdeo purchased land from the son of a moneylender who had obtained a loan from the original owner, Rama Krishna, by oral mortgage in 1964. The Sub‑Divisional Officer held that the transaction was a prohibited loan, not a genuine sale, because the original owner remained in …

BHAGWANT RAI AND ORS.versusSTATE OF PUNJAB AND ORS

1995 INSC 472Appeal(s) allowed

The appellants owned a house in Sangrur that was assessed for the 1987‑88 year at a rateable value of Rs 1,50,472.50, calculated on the basis of the actual rent of Rs 12,687 per month received from the State Bank of India, after deductions under s.3(1)(b) of the Punjab Municipal Act, 1911. The …

KHAGENDRA LALL DUTTA AND ANR.versusJACOB SOLE JACOB

1995 INSC 473Appeal(s) allowed

The appellant, the owner of a ground‑floor flat, had let the premises to Mr. Stayner in 1940. After Mr. Stayner's death, his wife succeeded to the tenancy and died on 9 July 1981. The appellant filed a suit for ejectment against the respondent, who was occupying the flat after the wife's death, …

THE TALUK LAND BOARD, KAZHIKODE AND ORS.versusDR. BABUCOMMEN THOMAS

1995 INSC 475Appeal(s) allowed

The respondent bought a cashew‑nut estate on 16 April 1969. Section 84(1) of the Kerala Land Reforms Act, 1963 declares all voluntary transfers made after the Bill’s publication on 1 April 1964, except for certain exemptions, to be void. The Kerala High Court held that the sale was saved by clause …

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 476Disposed off

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their …

SUPERINTENDENT OF POLICE(C.B.I)versusDEEPAK CHOWDHARY AND ORS.

1995 INSC 477Appeal(s) allowed

A complaint was lodged that the United Bank of India, where the respondent was branch manager, had been defrauded of Rs. 45,000 in collusion with some officers. The Superintendent of Police (C.B.I.) investigated and obtained sanction under s.6(1)(c) of the Prevention of Corruption Act, 1947 to file …

STATE OF U.P. AND ORS.versusRAM KHELAWAN AND ORS.

1995 INSC 478Appeal(s) allowed

The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court …

STATE OF KERALA ETC.versusT.R. UDAY SANKARAN AND ORS. ETC.

1995 INSC 464Appeal(s) allowed

The State of Kerala acquired land under the Kerala Land Acquisition Act, 1961, issuing a notification on 22 June 1976 and an award in 1977. The Additional Subordinate Judge enhanced the compensation on 24 June 1980. The claimants sought the benefit of the 1984 amendment to the Central Land …

SPECIAL LAND ACQUISITION OFFICERversusSHARANABASAPPA SHIVAYOGAPPA TYAPAL AND ORS.

1995 INSC 465Appeal(s) allowed

The Supreme Court heard appeals filed by the State Government against a Karnataka High Court judgment concerning awards made by a Land Acquisition Officer on 12 October 1978 and a Reference Court on 31 March 1980. The issue was whether the claimants were entitled to the enhanced compensation …

SPECIAL LAND ACQUISITION OFFICERversusN.S. TAKKALAKI AND ORS.

1995 INSC 467Appeal(s) allowed

The State Government appealed a Karnataka High Court decision concerning lands acquired under a notification issued on 23 January 1980 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer had made an award on 28 March 1980, and the claimants later sought an additional …

SPECIAL LAND ACQUISITION OFFICERversusPUTTAIAH AND ORS.

1995 INSC 468Appeal(s) allowed

The Special Land Acquisition Officer (the State) awarded compensation under Section 11 of the Land Acquisition Act, 1894, but a dispute arose over its apportionment. The Collector referred the matter to a civil court under Section 30, depositing the compensation amount in that court as required by …

KAILASH POTLIAversusTHE STATE OF ANDHRA PRADESH

1995 INSC 457Appeal(s) allowed

Kailash Potlia was convicted of murder (section 302 IPC) and robbery (section 380 IPC) on the basis of circumstantial evidence, including a hotel clerk’s sighting, a finger injury, an alleged extra‑judicial confession to PW‑13, and a recovery statement by PW‑22. On appeal, the Supreme Court examined …

SHARADCHANDRA GANESH MULEYversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 458Dismissed

Sharadchandra Ganesh Muley, a landowner, challenged a notification under section 4(1) of the Land Acquisition Act, 1894. After the Bombay High Court dismissed his first writ petition in 1992, the Land Acquisition Officer made an award on March 30, 1994. Muley appealed, contending that the award was …

JAYASHREEversusM. SRINIVASA MURTHY

1995 INSC 459Disposed off

In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another …

STATE OF PUNJAB AND ORS. ETC.versusRAMAN RAI AND ORS. ETC.

1995 INSC 460Dismissed

The State of Punjab acquired 58 acres of land in 1979 and the Land Acquisition Officer fixed compensation at Rs 50,000 per acre for Block A and Rs 36,000 per acre for Block B. The Civil Court and subsequently the High Court enhanced the compensation to Rs 1,00,000 and Rs 60,000, and then to Rs …

UNION OF INDIAversusS.B. MISRA

1995 INSC 461Appeal(s) allowed

The respondent, a lecturer in the College of Military Engineering, was compulsorily retired following a departmental inquiry and challenged the order on the ground that he was not supplied with a copy of the inquiry report. The Central Administrative Tribunal set aside the retirement order and …

STATE OF KARNATAKA AND ORS.versusNARASIMHA MURTHY AND ORS.

1995 INSC 453Appeal(s) allowed

The State of Karnataka, under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, issued a notification under Section 3(1) announcing its intention to acquire land for house sites for the weaker sections. The land’s recorded owner was served notice, but the notification did not …

R. RAMASWAMYversusGOVERNMENT OF TAMIL NADU AND ORS.

1995 INSC 454Appeal(s) allowed

R. Ramaswamy was appointed temporarily as Project Officer in 1979 and later regularised as a permanent Project Officer, a post deemed equivalent in status and pay to Assistant Director. When he was temporarily promoted to Assistant Director and sought promotion to Deputy Director, the question arose …

R.V. BHUPAL PRASADversusSTATE OF ANDHRA PRADESH AND ORS.

1995 INSC 455Dismissed

The appellant, R.V. Bhupal Prasad, held a cinema theatre under a 20‑year lease that expired in 1983. He applied for renewal of his cinema licence under the Andhra Pradesh Cinemas (Regulations) Rules, 1970, but the landlady (Respondent No.3) objected, claiming his possession was not lawful. The …

NOTIFIED AREA COMMITTEE AND ANR.versusDES RAJ AND ORS.

1995 INSC 445Appeal(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 …

PAINDER SINGH AND ORS. ETC. ETC.versusUNION OF INDIA ETC. ETC.

1995 INSC 446Dismissed

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 …

CHANDIGARH HOUSING BOARDversusAVTAR SINGH AND ANR.

1995 INSC 443Appeal(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 …

PRIYA VART AND ANR.versusUNION OF INDIA

1995 INSC 444Dismissed

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 …

STATE OF ANDHRA PRADESHversusVALLURI VANRAJU

1995 INSC 436Appeal(s) allowed

The respondent, Vallurivan Raju, filed a declaration under Section 8(1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Officer held that his holding exceeded the statutory ceiling of 1.3590 acres. The High Court, on revision, allowed the exclusion …

HARBANS SINGHversusSTATE OF PUNJAB AND ORS.

1995 INSC 438Appeal(s) allowed

Harbans Singh, who joined the Punjab Department of Legal and Legislative Affairs as a clerk in 1965 and was promoted to Assistant in 1974, claimed promotion to Legal Assistant on the basis of seniority when a vacancy arose in 1977. Ajit Lal Arora, the third respondent, was appointed to the same post …