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K RAMASWAMY

1805 judgments · newest first · showing 1401–1600

P.S. GHALAUTversusSTATE OF HARYANA AND ORS.

1995 INSC 439Dismissed

The appellant, a general‑category candidate, and Dr. Nitya Anand, a backward‑class candidate, were appointed as lecturers under the Haryana Medical Education Service Rules, 1965. The appellant argued that the order of merit prepared by the Selection Committee, which placed him higher than Dr. Anand, …

SRI KAPTAN SINGH (DECEASED) THROUGH LRS.versusRAJINDER SINGH AND ANR.

1995 INSC 440Dismissed

The appellant, the estate of the late Sri Kaptan Singh, filed a writ petition in the Delhi High Court seeking a mandamus directing the Commissioner of Police to transfer his criminal complaint to an independent police agency, alleging that while in police custody his property was being alienated by …

U.P. PUBLIC SERVICE COMMISSION, ALLAHABADversusVINOD KUMAR SRIVASTAVA AND ORS.

1995 INSC 431Disposed off

The Uttar Pradesh Public Service Commission selected candidates for the post of Assistant Labour Commissioners and sent the list to the Government for approval, subject to the outcome of a writ petition filed by a candidate who later retired. The appeal concerned the promotion claims of other …

SUSHILA SAW MILLversusSTATE OF ORISSA AND ORS.

1995 INSC 432Dismissed

The petitioner, Sushila Saw Mill, operated a saw mill in Keonjhar district of Orissa, which lay within a "prohibited area" defined as a reserved forest or within 10 km of its boundary. Under the Orissa Saw Mills & Saw Pits (Control) Act, 1991, Section 4(1) imposes a total embargo on establishing or …

SH. BHUPINDER SINGH BINDRAversusUNION OF INDIA AND ANR.

1995 INSC 429Dismissed

The dispute arose under a contract that named the Superintending Engineer, Planning Circle, Chandigarh as the arbitrator. After the arbitrator was appointed and began his duties, the contractor (appellant) complained that the arbitrator delayed the award and sought the court’s intervention to revoke …

MAHAVIR AND ANR. ETC. ETC.versusTHE RURAL INSTITUTE, AMRAVATI AND ANR. ETC. ETC.

1995 INSC 430Dismissed

The State issued a notification under Section 4(1) of the Land Acquisition Act on 29 January 1957 for acquisition of certain lands. The owner subsequently sold the lands to the petitioners on 11 June 1957 and 22 August 1958, i.e., after the notification. The Government completed the acquisition …

K. VASUNDARA DEVI ETC.versusREVENUE DIVISIONAL OFFICER (LAO)

1995 INSC 424Dismissed

The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to …

UNION OF INDIAversusBUDH SINGH AND ORS.

1995 INSC 426Appeal(s) allowed

The Punjab Armed Police took possession of land belonging to Budh Singh in 1963 and paid a modest compensation, after which the owners sued, claiming the acquisition was illegal because it was not made under the Land Acquisition Act, 1894. The courts ordered the State to refund the compensation, but …

UNION OF INDIA AND ORS.versusHARISH CHAND ANAND

1995 INSC 418Appeal(s) allowed

The respondent, Harish Chand Anand, held a licence under Section 3 of the Government Grant Act, 1895 to erect a structure on government land. Clause I of the grant allowed the Government to resume the land at any time upon giving one month’s notice and paying the value of the building. The Allahabad …

THE STATE OF PUNJABversusGURDIAL SINGH ETC

1995 INSC 419Dismissed

The Punjab government acquired land for a market under the Land Acquisition Act, 1894 and initially fixed compensation in categories. The Additional District Judge later re‑classified the land and set higher rates, prompting the claimants to appeal. A single High Court judge, relying on an earlier …

STATE OF ORISSAversusBRIJ LAL MISRA ETC. ETC.

1995 INSC 420Appeal(s) allowed

The State of Orissa acquired three parcels of land for an over‑bridge under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Reference Court fixed compensation at Rs 200 per decimal based on comparable sales, taking into account the land's existing potentialities, and …

DEPUTY COLLECTOR NORTHERN SUBDIVISION, PANAJIversusCOMMUNIDADE OF BAMBOLIM

1995 INSC 421Appeal(s) allowed

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), …

M/S. HASANALI KHANBHAI AND SONS AND ORS.versusSTATE OF GUJARAT

1995 INSC 422Dismissed

The State of Gujarat acquired 7 acres and 28 gunthas of land on the outskirts of Rajkot for an orphanage. The acquisition officer awarded Rs 1.25 per square yard, which was enhanced to Rs 2.05 by the reference court and later the Gujarat High Court held the land could fetch Rs 10 per square yard …

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

1995 INSC 410Dismissed

The petitioners challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, where the Collector initially fixed rates of Rs.1600, Rs.1400 and Rs.1000 per bigha for three blocks of land. The Additional District Judge enhanced these rates, and the Delhi High Court …

RAM KALI BHATTACHARJEEversusSTATE OF WEST BENGAL

1995 INSC 411Disposed off

Certain lands were acquired under the West Bengal (Requisition and Acquisition) Act II of 1948 and the Collector made an award in March 1951. The claimants filed reference applications under section 18 of the Land Acquisition Act, 1894 on June 26 and September 7, 1951, seeking enhanced compensation. …

M/S. HINDUSTAN PAPER CORPN. LTD.versusSAKHRAM GOUR AND ORS .

1995 INSC 412Disposed off

The Supreme Court examined a land acquisition dispute where the Collector initially awarded Rs 2,000‑3,000 per bigha as compensation. The reference court, under Section 18 of the Land Acquisition Act, enhanced the market value to Rs 6,500‑8,500 per bigha, a decision affirmed by the Guwahati High …

UNION OF INDIA ETC. ETC.versusSUNIL CHANDRA SAHA AND ANR. ETC. ETC.

1995 INSC 413Disposed off

The Union of India appealed against the award and decree confirming acquisition of land belonging to Sunil Chandra Saha and others under the Land Acquisition Act, 1894. The appellants argued that they were not given notice or an opportunity to present evidence to rebut the claimed market value of …

MUNICIPAL COMMITTEE, BHATINDA AND ORS.versusBALWANT SINGH AND ORS.

1995 INSC 415

The Municipal Committee of Bhatinda appealed against the award of compensation for 116 acres of agricultural land acquired for a water‑treatment plant. The Collector had applied the belting principle, fixing different rates for land up to 100 yards from the road and for the remaining area. The High …

THE STATE OF UTTAR PRADESH AND ANR.versusKESHAV PRASAD SINGH

1995 INSC 416Appeal(s) allowed

The State of Uttar Pradesh acquired land for a Public Works Department office and, while constructing a building and protective wall, encroached upon land owned by Keshav Prasad Singh. A civil suit resulted in a mandatory injunction directing the State to demolish the encroachment and restore …

STATE OF WEST BENGAL AND ORS.versusGOPAL CHANDRA PAUL AND ORS. ETC.

1995 INSC 399Appeal(s) allowed

The Supreme Court examined whether the West Bengal inspecting staff in the Education Department were entitled to the same superannuation age of 60 years granted to teaching staff under Rule 75 of the West Bengal Service Rules. The State argued that inspecting staff are a distinct cadre with no …

GHAZIABAD DEVELOPMENT AUTHORITY AND ORS.versusSRI VIKRAM CHAUDHARY AND ORS.

1995 INSC 401Disposed off

The Ghaziabad Development Authority (GDA) engaged several workers on daily‑wage contracts for its development projects. The workers filed a writ petition seeking regularisation of their services and parity in pay with regular employees. The Allahabad High Court single judge denied regularisation but …

G. SUNDARSANversusUNION OF INDIA AND ANR.

1995 INSC 393Dismissed

G. Sundarsan, appointed under the Scheduled Caste quota in the Income Tax Department, rose to the rank of Income Tax Inspector. Three years before his retirement, a departmental enquiry established that he did not belong to any Scheduled Caste and therefore was not entitled to the reserved post. …

N.P. THIRUGNANAM (D) BY L.RS.versusDR. R. JAGAN MOHAN RAO AND ORS.

1995 INSC 394Dismissed

The plaintiff N.P. Thirugnanam had entered into a sale agreement for a property and paid a small advance, thereafter taking possession as a tenant. He sued for specific performance, alleging the defendants had refused to execute the sale deed, while the defendants contended that the plaintiff had …

PT. SHAMBOO NATH TIKOO AND OTHERSversusSARDAR GIAN SINGH AND OTHERS

1995 INSC 381

The plaintiffs, Hindus, sued the Sikh defendants for ejectment from two rooms of the southern Dharamshalla of the Martand shrine and for a permanent injunction restraining the defendants from interfering with Hindu religious ceremonies and from holding Dewans in the open space of the shrine. The …

B. GANGADHARversusB.G. RAJALINGAM

1995 INSC 379Dismissed

The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the …

K. POSAYYA AND ORS.versusSPECIAL TAHSILDAR

1995 INSC 366Dismissed

The appellants, K. Posayya and others, owned 163.80 acres of rain‑fed agricultural land acquired under the Land Acquisition Act, 1894 for the Vengalrayasagar project. The initial award fixed compensation at Rs 400 per acre; the Subordinate Judge enhanced it to Rs 22,000 per acre, but the Andhra …

LIC OF INDIA AND ANR.versusCONSUMER EDUCATION AND RESEARCH CENTRE AND ORS. ETC.

1995 INSC 367Dismissed

The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and …

TEJ KAUR AND ANR.versusKIRPAL SINGH AND ANR.

1995 INSC 368Dismissed

The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court …

KARNAL IMPROVEMENT TRUST, KARNALversusSMT. PARKASH WANTI (DEAD) AND ANR.

1995 INSC 351Appeal(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 …

BHUKAMP PIDIT ANDOLANversusSTATE OF U.P. AND ANR.

1995 INSC 343Disposed 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, …

DILBAG SINGHversusSTATE OF U.P. AND ORS.

1995 INSC 344Appeal(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. …

S.L. SONIversusSTATE OF M.P. AND ANR.

1995 INSC 345Dismissed

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 …

PT. RISHIKESH AND ANR. ETC.versusSMT. SALMA BEGUM ETC. ETC.

1995 INSC 325

The petitioners, tenants, challenged the validity of Order 15 Rule 5 of the Code of Civil Procedure, which had been inserted by the Uttar Pradesh Civil Laws (Amendment) Act, 1972 and later amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, on the ground that it was repugnant …

RAGHUBAR DAYAL (DEAD)versusSTATE OF U.P. AND ORS.

1995 INSC 330Dismissed

The appellant, Raghubar Dayal (deceased), was granted parcels of land in 1956 under the Government Grants Act, 1895 for personal cultivation, subject to lease‑like covenants. In 1974 the prescribed authority, invoking the U.P. Imposition of Ceiling on Land Holdings Act, 1960, issued a notice …

ARJUNA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 331Appeal(s) allowed

The appellants challenged the High Court's finding that the respondents, being within the ceiling limit under the Maharashtra Land Ceiling Act, could not be declared surplus land holders and thus the allotment of surplus land to them was illegal. The Supreme Court directed both parties to produce …

VIJAY PAL SINGH AND ANR.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1995 INSC 332Disposed off

A landowner died leaving three sons; one son, B, died leaving his widow S, who occupied his one‑third share for maintenance under Section 11 of the U.P. Zamindari and Land Reforms Act, 1950. After S's death, her daughter C claimed the same one‑third share in consolidation proceedings. The Settlement …

INDORE DEVELOPMENT AUTHORITYversusTARAK SINGH AND ORS. ETC. ETC.

1995 INSC 317Disposed off

The Indore Development Authority (IDA) acquired land under the Land Acquisition Act, 1894 and a reference court enhanced the compensation from Rs. 25,000 to Rs. 88,000 per hectare. IDA filed a memorandum of appeal in the Madhya Pradesh High Court, paying the fixed court fee, but the High Court …

VIDYAWATIversusMAN MOHAN AND OTHERS

1995 INSC 321Dismissed

The plaintiffs filed a suit for possession of a property against the first defendant, who was deceased, and the second defendant, the petitioner. The petitioner sought to file an additional written statement asserting title under a will, but the trial court dismissed the application, holding that a …

K. RAHEJA CONSTRUCTIONS LTD. AND ANR.versusALLIANCE MINISTRIES AND ORS.

1995 INSC 322Dismissed

The petitioners filed a suit for a permanent injunction to restrain the respondents from dealing with a trust property. After the suit was filed, they discovered that the Charity Commissioner had granted permission to sell the property and sought to amend the plaint under Order 6 Rule 17 to claim …

SUNIL KUMAR JAINversusKISHAN AND ORS.

1995 INSC 308Dismissed

The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale …

STATE OF BIHARversusDHIRENDRA KUMAR AND ORS.

1995 INSC 309Appeal(s) allowed

The State of Bihar issued a notification under s.4 and a declaration under s.6 of the Land Acquisition Act, 1894 to acquire land for a housing project, and took possession on March 22, 1957, handing it to the Housing Board. The respondent filed a title suit and sought an interim injunction under …

LALITHA J. RAJversusAITHAPPA RAJ

1995 INSC 310Appeal(s) allowed

Lalitha filed a suit for declaration of title and possession and later filed an application on August 3, 1993, seeking to file a list of witnesses for summoning. Her husband, acting as general power of attorney, submitted an affidavit stating they mistakenly believed the list had already been filed, …

M/S HINDUSTAN LEVER LTD.versusTHE MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.

1995 INSC 302Appeal(s) allowed

Hindustan Lever Ltd. constructed a building on two plots in Bombay and was assessed for property tax under the Bombay Municipal Corporation Act, 1888. The corporation fixed the rateable value at Rs.12,16,285 using the comparative method, which the company contested, leading to a reduction by the …

SHYAM LAL (DEAD) BY LRS. AND ORSversusKESHO LAL (DEAD) AND ANR.

1995 INSC 305Dismissed

The appellant, Shyam Lal (deceased) by legal representatives, appealed to the Supreme Court challenging a finding by the Allahabad High Court that certain constructions in a house were made after an earlier High Court judgment. The High Court had earlier struck off a trial court's direction for …

RAM BHAJAN SINGH AND ORS.versusMADHESHWAR SINGH (DEAD) BY LRS. AND ORS.

1995 INSC 306Appeal(s) allowed

The appellants, legal representatives of defendants 7‑9, filed a suit seeking a declaration that a compromise decree in an earlier suit (T.S. No. 72/26) was void. The trial court dismissed the suit; the appellate court held the compromise was not obtained by fraud but that the defendants had no …

PREETI SINGHversusSANDEEP SINGH AND ORS.

1995 INSC 295

The Supreme Court considered a petition for divorce by mutual consent filed by Preeti Singh and Sandeep Singh under Section 13(b) of the Hindu Marriage Act. The parties had reached a compromise in which the respondent paid Rs. 1.5 lakhs to the petitioner, deposited Rs. 1.25 lakhs and Rs. 30,000 in …

BALRAM CHANDRAversusSTATE OF U.P.

1995 INSC 291Dismissed

The petitioner challenged a land acquisition notification issued under Section 4(1) of the Land Acquisition Act, 1894 and the subsequent declaration under Section 6, arguing that the notification lacked required particulars. The District Judge, acting as the reference court under Section 18, …

DIRECTOR OF TRIBAL WELFARE GOVERNMENT OF ANDHRA PRADESHversusLAVETI GIRI AND ANR

1995 INSC 272Appeal(s) allowed

The Supreme Court examined an appeal by the Director of Tribal Welfare against LAVETI GIRI, who had obtained admission to an engineering course on the basis of a caste certificate claiming he belonged to the Konda Kapu Scheduled Tribe. The certificate was issued by a Tehsildar who lacked …

M/S. ANGILE INSULATIONSversusM/S. DAVY ASHMORE INDIA LTD. AND ANR.

1995 INSC 273Dismissed

M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. …

MADANAGOPALversusP.K.A. RAMACHANDRA MUDALIAR (DEAD) BY LRS. AND ORS.

1995 INSC 274Dismissed

The appellant, Madanagopal, son of Jayarama Mudaliar, claimed a one‑fourth share in certain properties alleging they were joint family assets. Earlier, in 1947, his father and uncle had denied being members of the joint family and settled a partition suit by accepting a cash sum. In 1965 the …

STATE OF RAJASTHAN AND ORS.versusNOOR BANO ETC. ETC.

1995 INSC 263Appeal(s) allowed

The Supreme Court examined two government orders concerning pensions of State of Rajasthan employees who retired before 1 September 1986. The 1987 order guaranteed a minimum monthly pension of Rs 300, inclusive of original pension and temporary increases. A later 1989 order provided additional …

M.J. SIVANI AND ORS.versusSTATE OF KARNATAKA AND ORS.

1995 INSC 265Dismissed

The petitioners, operators of video game parlours, were directed by the Commissioner of Police in Bangalore and the Commissioner in Madras to obtain licences under the respective licensing orders and police acts. They challenged the requirement, arguing that video games are not "gaming" within the …

WARDINGTON LYNGDOH AND ORS.versusTHE COLLECTOR, MAWKYRWAT

1995 INSC 266Dismissed

The case concerned lands acquired for construction of explosive magazines under the Land Acquisition Act, 1894. The Collector awarded compensation, which the petitioners accepted by signing an agreement (Ex‑B) and received the amount. Subsequently they objected to the award and, without having taken …

BUTA SINGH (DEAD) BY L.RS.versusUNION OF INDIA

1995 INSC 267Dismissed

The case involved land‑acquisition proceedings where compensation was successively enhanced by the Additional District Judge, a High Court Single Judge and a Division Bench. The claimants filed appeals under Section 54 of the Land Acquisition Act but paid court fee only on the lower amount …

STATE OF MANIPUR AND ORS.versusSMT. A. ONGBI MEMCHA DEVI AND ANR.

1995 INSC 268Appeal(s) allowed

A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the …

MOHAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.

1995 INSC 259Appeal(s) allowed

Mohan Singh, an Assistant in the Advocate‑General's Office, was promoted to Superintendent Grade‑I. Respondents Tarlok Singh and Deena Nath Singla filed a writ petition challenging the promotion, arguing that the vacancy was not a reserved one and that a direct promotion (double jump) was …

SH. JAI KISHANversusCOMMISSIONER OF POLICE AND ANR.

1995 INSC 260Dismissed

Jai Kishan was appointed as a temporary constable in the Delhi Police on 9 September 1982 and placed on probation as required by Rule 5(e) of the Central Services Temporary (Service) Rules, 1966. The rule mandates a two‑year probation, extendable up to three years, after which successful completion …

RAMBHAI LAKHANBAI BHAKTversusSTATE OF GUJARAT AND ORS.

1995 INSC 261Dismissed

The petitioner, a landowner, challenged the acquisition of his land by the State of Gujarat, arguing that the notice issued under Section 5A(2) of the Land Acquisition Act, 1894 required a personal hearing which was not provided, and that the declaration under Section 6 was published beyond the …

GOVERNMENT OF TAMIL NADU AND ANR.versusVASANTHA BAI

1995 INSC 258Appeal(s) allowed

The Government of Tamil Nadu acquired 0.87 hectare of land under the Land Acquisition Act, 1894, publishing a notification on 12‑April‑1988 and a declaration on 29‑April‑1989. The landowner challenged the acquisition in a writ petition; the High Court dismissed the petition but the landowner …

STATE OF U.P. AND ORS.versusCOMMITIEE OF MANAGEMENT OF S.K.M. INTER COLLEGE AND ANR.

1995 INSC 252Appeal(s) allowed

The State of Uttar Pradesh, through the Director of Education, issued a show‑cause notice to the Committee of Management of S.K.M. Inter College under Section 16‑D(2) and (3) of the U.P. Intermediate Education Act, 1921, alleging mismanagement, misappropriation of funds and other irregularities. The …

G. RABINATHANversusSTATE OF KARNATAKA AND ORS.

1995 INSC 242Appeal(s) allowed

G. Rabinathan, an Emergency Commissioned Officer in the defence services from June 1963 to September 1967, joined the National Cadet Corps (NCC) from December 1967 to June 1972 and was later appointed as a Probationary Commercial Tax Officer in Karnataka. He sought continuity of service for …

A.N. SEHGAL AND ORS.versusRAJE RAM SHEORAN AND ORS.

1995 INSC 236Disposed off

The Supreme Court revisited a contempt petition filed by A.N. Sehgal and others against Raje Ram Sheoran and others for failing to implement the Court's 1992 directions on seniority allocation between direct recruits and promotees under the Haryana Service Engineers (Class‑I) PWD Rules, 1960. The …

KAMLA SHANKARversusTHE DIRECTOR OF BOARD OF TECHNICAL EDUCATION, KANPUR AND ANR.

1995 INSC 238Disposed off

The appellant, Kamla Shankar, had obtained a direction from the Allahabad High Court to appear for the fourth‑year diploma examination, but the result was never declared. He filed a civil appeal before this Court seeking an order similar to one passed on 12 January 1986, directing the Board of …

THE IMPROVEMENT TRUST, PATIALAversusTHE LAND ACQUISITION TRIBUNAL AND ORS.

1995 INSC 239Appeal(s) allowed

The Improvement Trust, Patiala appealed against an award of the Land Acquisition Tribunal that granted the owner‑share certain benefits under Section 23(1‑A) of the Land Acquisition Act, 1894 as amended by the 1984 amendment. The respondents claimed entitlement to a 12% per annum interest on the …

DR. KASHINATH NAGAYYA IBATTEversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 240Disposed off

The appellant, a Scheduled Tribe candidate, was appointed as a lecturer in 1981 to a reserved vacancy on a temporary, ad‑hoc basis and served continuously until 1993. The State later filled the same category of vacancies through regular selection by the Public Service Commission (PSC), appointing …

REV. FR. M.S. POULOSEversusVARGHESE AND ORS.

1995 INSC 232Appeal(s) allowed

Ithara and his wife Annam, owners of 7 acres and odd land, executed a deed on 5 March 1966 giving 70 cents of land absolutely to Sosa in gratitude for her service, while reserving for themselves the right to live in the building, enjoy all income, and alienate or mortgage the remaining property …

JAGDISH SINGH AND ANR.versusUNION OF INDIA AND ANR.

1995 INSC 231Dismissed

The Union acquired a large tract of land comprising seven villages for defence purposes, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 21‑01‑1977. The Collector awarded compensation on 11‑04‑1980, which was later enhanced by the Additional District Judge in 1980 and …

SUBORDINATE SERVICES SELECTION BOARDversusBIR SINGH AND ANR./RAM NIWAS AND ORS.

1995 INSC 217Appeal(s) allowed

The government reserved clerk posts in ‘A’ class offices for ex‑servicemen, allowing only matriculation as the minimum qualification for them, while general candidates required higher marks. In 1979 it was decided that, if suitable ex‑servicemen were unavailable, the dependent sons or daughters of …

STATE OF PUNJAB AND ANR.versusSMT. SIMLA RANI W/O SHRI BHAGWAN DASS

1995 INSC 218Dismissed

The respondent, Simla Rani, was allotted a booth under the Punjab Urban Estate (Sales of Sites) Rules, 1965 and paid only the initial quarter of the purchase price. The balance was to be paid in instalments with 7% interest, but she defaulted, prompting the State to invoke Rule 13 and impose a 10% …

AKSHAYA RESTAURANTversusP. ANJANAPPA AND ANR.

1995 INSC 219Dismissed

Akshaya Restaurant filed a suit for perpetual injunction against P. Anjanappa and others, alleging an agreement of sale of land. The defendants' written statement admitted a sale agreement, but later they sought to amend the statement under Order 6 Rule 17, claiming the agreement was for development …

MAHENDRA RAJ MARG KARAMCHARI UNIONversusUNION OF INDIA AND ORS.

1995 INSC 213Disposed off

The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that …

UNION OF INDIA AND ORS.versusRAJ KUMAR GUPTA AND ORS. ETC. ETC.

1995 INSC 205Appeal(s) allowed

The respondents were appointed as Accounts Clerks Grade I in the Northern Railway and placed on probation, required to pass the departmental examination prescribed in Appendix II of the Indian Railways Establishment Manual (IREM) within a stipulated period. The Railway Board issued a circular on 24 …

THE STATE OF RAJASTHAN AND ANR.versusTARSEM SINGH AND ANR.

1995 INSC 206Appeal(s) allowed

The respondents, temporary cultivators in the Gang Canal area, were to receive permanent allotments of government land under the Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules, 1956. Because some cultivators held land exceeding the statutory ceiling, the …

STATE OF U.P. AND ORS.versusDR. R.K. TANDON AND ORS.

1995 INSC 209Appeal(s) allowed

The State of Uttar Pradesh had made 2,056 ad‑hoc appointments of doctors between 1961‑62 and later failed to regularise the posts despite recommendations of the Uttar Pradesh Public Service Commission (PSC) in 1972 and 1977‑79. Some ad‑hoc doctors, having served over 20 years, obtained court orders …

PANCHANAN SHARMAversusBASUDEO PRASAD JAGANANI AND ORS.

1995 INSC 201Appeal(s) allowed

The father of the appellant hypothecated a 5‑bigha property by usufructuary mortgage on 10 July 1911 for Rs.261, obligating the mortgagee to pay land revenue. The mortgagee defaulted, the property was auctioned and purchased by Ramtahal Singh. The appellant sued for redemption; the trial court …

N. KUNHICFLEKKU HAJI(D) BY LRSversusSTATE OF KERALA AND ORS.

1995 INSC 203Appeal(s) allowed

The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on …

VIRUPAKSHAYYA SHANKARAYYAversusNEELAKANTA SHIVACHARYA PATIADADEVARU

1995 INSC 192Appeal(s) allowed

The respondent‑plaintiff sought possession of a math (public trust) claiming to be the valid Padadayya, challenging the installation of earlier Padadayyas. An earlier proceeding before the Privy Council had held that Shivalingayya was validly nominated and installed, a decision the plaintiff was not …

KART AR SINGH @ NARANJAN SINGH AND ORS.versusSTATE OF PUNJAB

1995 INSC 190Dismissed

The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under …

UNION OF INDIAversusJAGDISH AND ORS.

1995 INSC 191Appeal(s) allowed

The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. …

SHANKAR BALWANT LOKHANDEversusCHANDRAKANT SHANKER LOKHANDE

1995 INSC 187Appeal(s) allowed

The parties obtained a preliminary decree in a partition suit allocating a 1/6th share to the first respondent and a 5/6th share to the appellants. Although the court directed the preparation of a final decree in 1958, the final decree could not be engrossed because the appellants failed to supply …

BASHIR AHMEDversusMEHMOOD HUSSAIN SHAH.

1995 INSC 188Appeal(s) allowed

The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered …

HARYANA STATE ELECTRICITY BOARD AND ANR.versusRAM GOPAL AND ANR.

1995 INSC 189Appeal(s) allowed

The respondents, Assistant Linemen, challenged a new promotion policy issued on 10 October 1988 that replaced the earlier rule reserving 15% of Lineman promotions for Assistant Linemen with Matriculation and L.T.I. The trial court dismissed their suit, the appellate court set aside that decision, …

SUCHITRA NAGversusCOMMISSIONER, SANCHAITA INVESTMENTS

1995 INSC 185Appeal(s) allowed

The trial court decreed against the husband of S. Nag, ordering attachment of a flat. The husband appealed, and the Calcutta High Court affirmed the decree, focusing solely on the husband's liability. The wife (appellant) subsequently filed objections, asserting that she was the independent owner of …

S. RANGARAJU NAIDUversusS. THIRUVARAKKARASU.

1995 INSC 176Disposed 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. …

STATE OF MAHARASHTRA AND ANR. AW. DHOPE AND ORSversusSHRI SANJAY THAKRE AND ORS.

1995 INSC 167Dismissed

The Supreme Court examined a seniority dispute in the Maharashtra Forest Service between directly recruited Assistant Conservators of Forests and those promoted (promotees). The State Administrative Tribunal had directed that inter‑seniority be determined according to the service rule’s 1:1 quota …

GULZARA SINGHversusTHE COLLECTOR, LUDHIANA AND ORS.

1995 INSC 168Appeal(s) allowed

Gulzar Singh was granted 25 kanals 4 marlas of Nazool land by the Collector, Ludhiana, on 17 June 1968 subject to paying Rs.1,520 as redemption of a possessory mortgage. He paid the amount on 30 June 1968 and took possession, but the Collector cancelled the grant on 13 September 1968, claiming that …

M/S. S.R.F. LIMITEDversusM/S. GARWARE PLASTICS AND POLYESTERS LTD. AND ORS.

1995 INSC 170Appeal(s) allowed

The Board of Industrial and Financial Reconstruction (BIFR) approved a merger scheme to revive Flowmore Polyester Ltd., a sick company, by merging it with SRF Ltd. Garware Plastics and Polymers Ltd., which had earlier submitted a stand‑alone revival proposal that was rejected, claimed to be an …

PPK GOPALAN NAMBIARversusPPK BALAKRISHNAN NAMBIAR AND ORS.

1995 INSC 172Appeal(s) allowed

In a partition suit, the defendant (appellant) produced a registered will executed by his mother that left the entire estate to him. The trial court rejected the will, finding suspicious circumstances, while the subordinate judge upheld its validity, relying on the registrar's endorsement as proof …

SHIV DAS AND ORS.versusSMT. DEVKI (DEAD) BY LRS. AND ORS.

1995 INSC 173Disposed off

Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs …

U.P. AVAS EVAM VIKAS PARISHAD LUCKNOW (U.P.)versusSMT. PUSHPA LATA AWASTHI

1995 INSC 161Disposed off

The appellant, U.P. Avas Evam Vikas Parishad, challenged the High Court's order quashing a land acquisition notification issued under the Land Acquisition Act, 1894. The respondent, Smt. Pushpa Lata Awasthi, had purchased the land from the original owner, Chotelal, after the notification was served …

FOOD CORPORATION OF INDIAversusTHANESWAR KALITA AND ORS. ETC.

1995 INSC 162Appeal(s) allowed

The respondents were appointed on an adhoc basis by the Food Corporation of India without following the prescribed rules, and they continued in service for a long period due to the non‑availability of directly recruited candidates. The High Court ordered that the entire adhoc period be treated as …

RA VINDER SINGHversusSTATE OF M.P. AND ORS.

1995 INSC 163Appeal(s) allowed

The appellant, an Assistant Sub‑Inspector of Police, was accused of delays in dispatching communications and of failing to keep a copy of the Superintendent’s leave application on record. After being threatened and warned by the Superintendent, he tendered his resignation on 3 January 1991. He …

NANI GOPAL PAULversusT. PRASAD SINGH AND ORS.

1995 INSC 164Appeal(s) allowed

The case arose from a foreclosure suit where a court‑appointed receiver sold the mortgaged property to the appellant, Nani Gopal Paul, for Rs 60 lakhs, of which only Rs 5 lakhs was deposited. The sale was confirmed by a single High Court judge despite the existence of higher offers and without …

GURDIAL SINGH AND ANR.versusSTATE OF PUNJAB

1995 INSC 152Dismissed

A notification under Section 4 of the Land Acquisition Act, 1894 was issued to acquire 4.5 acres of land in Punjab. The Collector initially awarded Rs.13,816 per acre as compensation. The Additional District Judge enhanced it to Rs.2,50,000 per acre, but the Punjab and Haryana High Court reduced the …

SH. KISHANDAS KANHAIYALAL GANDHIversusSTATE OF MAHARASTRA AND ANR.

1995 INSC 153Dismissed

Sh. Kishandas Kanahiyalal Gandhi was declared to have a surplus of 45 acres 30 guntas of agricultural land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He argued that the tenant, Om Prakash, had crystallised tenancy rights over 47 acres 17 guntas, thereby removing the …

MAHANT SHREO NATH CHELA BABA PURAN NATHversusSTATE OF HARYANA THROUGH COLLECTOR

1995 INSC 154Dismissed

The appellants' 27 acres of land were acquired under the Land Acquisition Act, 1894 and initially awarded Rs 5 per marla. Subsequent proceedings resulted in the High Court classifying the land into blocks A, B and C, and, relying on the precedent Mange Ram v. State of Haryana, fixing compensation at …

P.V. DEVASSIAversusSTATE OF KERALA AND ORS.

1995 INSC 155Dismissed

The appellant, P.V. Devassia, executed two gift deeds transferring 10 acres and 11 acres of land to his two married sons and sought exemption of those lands from the ceiling area prescribed under the Kerala Land Reforms Act, 1963. The Land Tribunal allowed an exemption of only six acres to each son, …

TEJA SINGH AND ORS. ETC.versusSTATE OF PUNJAB AND ANR.

1995 INSC 156Dismissed

The Improvement Trust of Ludhiana framed a Development‑cum‑Housing scheme which was later modified and sought State sanction under the Punjab Town Improvement Act, 1922. The appellants challenged the scheme on the grounds that the modified scheme required re‑publication, that notices under sections …

THE STATE OF PUNJAB AND ANR. ETC.versusBABU SINGH AND ORS. ETC.

1995 INSC 144Appeal(s) allowed

The State of Punjab appealed against the Punjab & Haryana High Court’s orders granting enhanced solatium, interest and additional amounts under the 1984 amendment to the Land Acquisition Act in a case where the land acquisition notification (1974) and the original compensation awards (1976‑1980) …

THE STATE OF PUNJABversusRAGHBIR SINGH AND ORS.

1995 INSC 145Appeal(s) allowed

The State of Punjab acquired land under the Land Acquisition Act, publishing a notification in February 1981 and the Collector making an award on December 22, 1983. The respondents did not seek a reference under Section 18 of the Act. After a High Court judgment in 1990 enhanced compensation for …

KUMMARI VEERAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

1995 INSC 146Dismissed

The Supreme Court examined an appeal by Kummari Veeraiah and others challenging the compensation awarded for 69 acres and 25 gunthas of land acquired by the State of Andhra Pradesh for house‑sites. The petitioners relied on certified copies of several sale deeds, claiming a market value of Rs.40 per …

STATE OF TAMIL NADUversusTHIRU K.S. MURUGESAN AND ORS.

1995 INSC 147Appeal(s) allowed

The State of Tamil Nadu punished Thiru K.S. Murugesan with stoppage of three increments for misconduct in 1982, a penalty that was reaffirmed after a fresh enquiry in 1984. When his promotion to Deputy Director of Statistics for the 1983‑84 year was considered under Rule 8 of the Tamil Nadu …

STATE OF WEST BENGAL AND ORS.versusANAL KUMAR GHOSH AND ORS.

1995 INSC 148Appeal(s) allowed

The respondents, originally appointed as peons in 1970, opted for Group C status in 1971 after a pay‑scale revision that placed employees drawing above Rs 230 in Group C. When they reached the statutory retirement age of 58, a retirement notice was issued. They challenged the notice, contending that …

UNION OF INDIA AND ORS. ETC.versusDELHI JUDICIAL SERVICE ASSN. AND ANR.

1995 INSC 134Appeal(s) allowed

The Delhi Judicial Officers Association sought a writ directing the Union of India to place all members of the Delhi Higher Judicial Service on a uniform pay scale of Rs.5900-6700, invoking the principle of equal pay for equal work. The Delhi High Court granted this relief, but the Union of India …

STATE OF MAHARASHTRA AND ANR.versusSANT JOGINDER SINGH KISHAN SINGH AND ORS.

1995 INSC 127Appeal(s) allowed

The State of Maharashtra acquired land under the Maharashtra Regional & Town Planning Act, 1966 after the Act was amended to include a three‑year limit for publishing a declaration under s.126(2). The petitioners challenged the acquisition, arguing that the amendment applied only to pending …

ARIES ADVERTISING BUREAUversusC.T. DEVARAJ (DEAD) BY LRS.

1995 INSC 128Dismissed

Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court …

STATE OF PUNJAB AND ANR.versusSH. SATINDER BIR SINGH

1995 INSC 129Appeal(s) allowed

The State of Punjab appealed against Sh. Satinder Bir Singh, who had received compensation for land acquired under the Land Acquisition Act, 1894, but later filed an application for reference to the civil court beyond the prescribed period. The High Court had held that the notice under Section 12(2) …

MURLIDHAR DAYANDEO KESEKARversusVISHWANATH PANDU BARDE AND ANR.

1995 INSC 130Dismissed

The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled …

DIGAMBAR ADHAR PATILversusDEVRAM GIRDHAR PATIL (DIED) AND ANR.

1995 INSC 122Dismissed

The respondents filed an application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking the price for purchasing 8 acres 26 guntas of land held by the appellant as landlord. The Tribunal held that the respondent possessed 54 acres, exceeding the statutory ceiling of 48 …

NEWANNESS @MEWAJANNESSAversusSHAIKH MOHAMMAD @ AND ORS.

1995 INSC 123Appeal(s) allowed

The case involved a partition suit concerning the inheritance of Haji Ishan Ali (HA) who died in 1955, leaving a widow, two daughters, and three sons. The High Court had held that property purchased in the name of HA's son Sabul Hassan (SH) belonged solely to SH, raising the question of whether HA …

STATE OF MAHARASHTRAversusMAHARAU SRAWAN HATKAR

1995 INSC 125Appeal(s) allowed

The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land …

STATE OF ORISSA AND ORS.versusADWAIT CHARAN MOHANTY ETC. ETC.

1995 INSC 78Appeal(s) allowed

The respondents, who were Class III government servants in Orissa, reached the statutory retirement age of 58 and claimed that, as "workmen" under the second proviso to Rule 71(a) of the Orissa Service Code, they were entitled to remain in service until the age of 60. The Orissa Administrative …

UNION OF INDIA AND ORS.versusB. RAMA MURTHY

1995 INSC 79Appeal(s) allowed

The Government of India issued Office Memorandum No. 18(4)-EV/79 on 25 May 1979, which stipulated that half of the dearness allowance should be treated as pensionable pay, changing the pension calculation from 3/10 to 5/10 of the ten‑month average salary. B. Rama Murthy challenged the memorandum …

ARUNABEN T. BHOJAKversusSECRETARY, AHMEDABAD EDUCATION SOCIETY AND ORS.

1995 INSC 80Appeal(s) allowed

The Gujarat University advertised a Lecturer (Psychology) post reserved for Scheduled Tribes. Arunaben T. Bhojak, a member of the Bakshi Panch Scheduled Tribe, was initially not selected because she lacked laboratory experience. The selected candidate was appointed, and Bhojak challenged the …

UNION OF INDIAversusSMT. PRATAP KAUR (DEAD) THROUGH LRS. AND ANR. ETC.

1995 INSC 81Appeal(s) allowed

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants …

MAJOR PAKHAR SINGH ATWAL AND ORS.versusSTATE OF PUNJAB AND ORS.

1995 INSC 73Dismissed

The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in …

MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.

1995 INSC 74Dismissed

The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were …

SURBUDDIN AND ANR.versusSTATE OF KERALA AND ANR.

1995 INSC 72Appeal(s) allowed

The husband and wife’s land was acquired under the Kerala Land Reforms Act. They filed a joint claim statement for compensation, but only the husband received compensation. The wife appealed the decision, arguing that the joint claim also covered her separate holding. The Kerala High Court dismissed …

STATE OF ANDHRA PRADESHversusSHRI S. VISHW ANATHA RAJU ETC. ETC.

1995 INSC 71Appeal(s) allowed

The State of Andhra Pradesh appealed against orders that excluded about 900 acres of land, held under agreements to sell, from the ceiling provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975. The issue was whether such lands should be counted in the holdings of both the …

STATE OF MADHYA PRADESH AND ANR.versusSRI S.S. KOURA V AND ORS.

1995 INSC 63Appeal(s) allowed

The respondent, an Executive Engineer of the Madhya Pradesh Water Resources Department, was transferred from Bhopal to Jagdalpur during President's Rule. He challenged the transfer before the Administrative Tribunal, which quashed it on the ground that a ban on transfers required prior approval of …

SHRI BHAGWAN SINGHversusTHE CHAIRMAN, NOIDA AND ORS.

1995 INSC 64Case Allowed

The petitioner, Bhagwan Singh, was eligible to become a member of a Noida cooperative society and had paid the required price. The society refused to allot him a plot because his enrollment was recorded on 8 May 1976, after the cut‑off date of 1 May 1976 fixed by the Supreme Court in NO/DA v. U.P. …

D. KRISHNA VENI AND ANR. ETC.versusSTATE OF ORISSA AND ORS.

1995 INSC 65Dismissed

The State of Orissa acquired about 700 acres of land under the Land Acquisition Act, 1894. The Collector awarded compensation for fruit‑bearing trees at Rs 80 each and non‑fruit‑bearing trees at Rs 60 each, which was confirmed by a Sub‑Judge on reference under Section 18. The appellants did not …

MRS. MARY JOYCE POONACHAversusMIS K.T. PLANTATIONS PVT. LTD.

1995 INSC 66Appeal(s) allowed

Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the …

STATE OF MADHYA PRADESHversusSURENDRA KUMAR AND ANR.

1995 INSC 53Appeal(s) allowed

The owner of a plot in Jabalpur applied to the competent authority for permission to alienate 16,500 sq ft of land with building to a purchaser. The authority exercised its option under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976 to purchase the property on behalf of the …

MIRZA MAJID HUSSAINversusSTATE OF M.P. AND ANR .

1995 INSC 54Dismissed

The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition …

KHANNA IMPROVEMENT TRUSTversusLAND ACQUISITION TRIBUNAL AND ORS.

1995 INSC 55Appeal(s) allowed

The Punjab Town Improvement Trust sought compensation for land acquired under a 1922 Act. The Land Acquisition Collector awarded market value, which the Tribunal enhanced to Rs 307 per sq yd up to a depth of 43 ft. The Trust challenged this in the High Court, which confirmed the Tribunal’s award but …

STATE OF HARYANAversusGURCHARAN SINGH AND ANR. ETC.

1995 INSC 56Appeal(s) allowed

The State of Haryana appealed a High Court order that had confirmed the market value of land acquired in Panchkula and further increased compensation for fruit‑bearing trees by 60% based on a price‑index adjustment. The Collector had originally awarded separate compensation for the land and the …

GIAN CHANDversusGOPALA AND ORS.

1995 INSC 57Appeal(s) allowed

Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on …

STATE OF MADHYA PRADESHversusSMT. SHANTABHAI AND ORS.

1995 INSC 58Appeal(s) allowed

The respondents purchased 22 acres 63 decimals of land for Rs.1,08,000 on September 4, 1974, two days before a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued to acquire the same land for industrial purposes. The Land Acquisition Officer initially fixed compensation at …

NIKKIversusUNION OF INDIA AND ANR.

1995 INSC 45Dismissed

The Supreme Court examined an appeal by Nikki seeking to increase compensation for 21.64 acres of land acquired in 1978 near Chandigarh for a brick kiln under the Land Acquisition Act, 1894. The land was initially compensated at Rs.21,000‑48,000 per acre, later enhanced to Rs.27,000 by the …

SANT SARAN GOSWAMI @ DEOJIversusTHE STATE OF BIHAR AND ORS.

1995 INSC 46Dismissed

The appellant, Baletha Math, possessed 15.36 acres of land and was subject to ceiling proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961. An order dated 15‑04‑1976 held the Math to be a separate entity, but after the amendment introducing Section 32‑A …

UMED INDUSTRIES AND LAND DEVELOPMENT CO. AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1995 INSC 47Appeal(s) allowed

The Rajasthan Urban Improvement Act, 1959 was used to acquire land, and the Additional Collector fixed a market value. The claimants appealed for higher compensation, solatium and interest, while the State appealed the interest awarded. The District Court awarded compensation in 1983 and reduced …

UNION OF INDIAversusSH. SHIVKUMAR BHARGAVA AND ORS.

1995 INSC 48Appeal(s) allowed

The respondent filed a writ petition seeking an alternative site after his land was acquired for public purpose, arguing that he was the owner when the acquisition was finalized. The Single Judge had allowed the petition, but the Division Bench dismissed the appeal on limitation grounds, which the …

STATE OF KERALA AND ANR.versusBETTY W/O L.J. MANI AND ANR.

1995 INSC 49Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that had granted statutory benefits under the Land Acquisition (Amendment) Act, 1984 to respondents whose land was acquired. The land was notified for acquisition in 1974, possession taken in 1977, and compensation enhanced by a subordinate …

T. SHANTHARAMversusSTATE OF KARNATAKA AND ORS.

1995 INSC 40Appeal(s) allowed

The appellant, a revenue department clerk, was deputed to the Food and Civil Supplies Department in a post higher than his parent‑department rank and remained there for over three decades. When the department sought to repatriate him, he applied to the Karnataka Administrative Tribunal, which …

P.L. KANTHA RAO AND ORS.versusSTATE OF ANDHRA PRADESH

1995 INSC 34Dismissed

The petitioners obtained a favorable order from the Andhra Pradesh Administrative Tribunal (established under the Presidential Order 1985) and sought its enforcement. After obtaining a certificate, they filed an execution petition in the City Civil Court, Hyderabad, which was challenged in the High …

COLLECTOR OF MADRAS AND ANR.versusK. RAJAMANICKAM

1995 INSC 35Appeal(s) allowed

The respondent, K. Rajamanickam, entered Madras service in 1958 with a recorded date of birth of 15‑01‑1935 and later applied in 1986 to have it corrected to 12‑01‑1936. The Tamil Nadu Administrative Tribunal upheld the corrected date and ordered his continuation in service until 31‑01‑1994, but the …

STATE OF ANDHRA PRADESHversusKORRAPATI SUBRAHMANYAM AND ORS.

1995 INSC 36Appeal(s) allowed

On the night of 14-15 February 1978, forest officials seized 28 logs of red sandalwood loaded on a lorry and 118 logs waiting on the roadside for loading in Cuddapah district. The accused were charged under Section 20 read with Section 29 of the Andhra Pradesh Forest Act, 1967 and Rule 3 of the …

UNION OF INDIAversusB.V. SAROJA AND ANR.

1995 INSC 37Appeal(s) allowed

The Union of India acquired land belonging to B.V. Saroja and another person under the Land Acquisition Act, 1894. The acquisition notification was issued on 30 March 1972, the award was made on 15 September 1976 and possession taken on 15 October 1976. After the award, the respondents claimed an …

STATE OF HARYANA AND ANR.versusJAGDISH CHANDER

1995 INSC 38Appeal(s) allowed

Jagdish Chander, appointed as a constable on 30 October 1985, was discharged on 1 June 1992 under Rule 12.21 of the Punjab Police Rules for alleged habitual absenteeism, negligence and indiscipline. He challenged the discharge before the High Court, which set aside the order and directed his …

THE SPECIAL TEHSILDAR (LA) P.W.D. SCHEMES, VIJAYAWADAversusM.A. JABBAR

1995 INSC 24Dismissed

The Supreme Court examined whether a landowner, whose possession was taken in 1965, was entitled to the additional amount under section 23(1‑A) of the Land Acquisition Act, 1894 as amended by Amendment Act 68 of 1984. The notification under section 4(1) was published in 1980 and the award was made …

RAJ KUMAR AND ANR.versusSTATE OF PUNJAB AND ANR.

1995 INSC 25Dismissed

The State of Punjab acquired 56 acres of land for a grain market. The Land Acquisition Officer initially fixed the market value at Rs 24,000 per acre for the first 22 karmas (belting) and Rs 20,000 per acre for the rest. The Additional District Judge and later the Punjab & Haryana High Court …

V.M. SALGOACAR AND BROTHER LTD.versusUNION OF INDIA

1995 INSC 26Dismissed

The Supreme Court examined an appeal by V.M. Salgoacar & Bros Ltd challenging a higher compensation of Rs 50 per square metre awarded by a District Judge for land acquired under the Land Acquisition Act, 1894. The Collector had fixed compensation at Rs 5 per square metre, basing it on the company's …

SH. LOKRAJ AND ORS.versusKISHAN LAL AND ORS.

1995 INSC 27Appeal(s) allowed

Lokraj and others filed a civil suit for partition of lands listed in schedule B, seeking a one‑sixth share. The High Court held the lands to be Inam lands, and the division bench ruled the partition suit maintainable despite the lands having been abolished under the Andhra Pradesh (Telengana Area) …

RAJESWARI AMMA AND ANR.versusJOSEPH AND ANR.

1995 INSC 19Appeal(s) allowed

The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were …

KARNAIL SINGHversusANIL KUMAR AND ANR.

1995 INSC 20Dismissed

The appellant purchased a share of joint family property from his sister Neeru, who sold it by a registered deed on 22 January 1985. The brother, Anil Kumar, who was not a party to the sale, filed a suit for pre-emption under clause (ii) of Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The …

SMT. PREM LATA AND ANR.versusMIS ISHAR DASS CHAMAN LAL AND ORS .

1995 INSC 21Appeal(s) allowed

The appellants, the widow and alleged son of a deceased partner, sought the accounts of an unregistered partnership firm that had dissolved upon the partner's death. They invoked Clause 16 of the partnership deed, which mandated referral of any dispute to named arbitrators, and filed a suit under …

CHIEF MEDICAL OFFICERversusKHADEER KHADRI

1995 INSC 22Appeal(s) allowed

The respondent, a government employee who joined service in 1951, claimed that his date of birth recorded as 14 November 1933 was incorrect and sought correction to 15 July 1934 in 1991. The Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984 required an …

AYUB KHANversusDEEP KUMAR CHAWLA AND ORS. ETC.

1995 INSC 23Dismissed

Ayub Khan purchased a family property from Gopal Krishan Chawla, the Karta of a Hindu joint family, after obtaining a decree for specific performance. The Karta's children, including his daughters Meeka and Madhu, and the tenants of the property filed suits claiming pre-emption under the Punjab …

U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.

1995 INSC 14Disposed 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 …

SIRI PALversusHARYANA STATE ELECTRICITY BOARD

1995 INSC 15Dismissed

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. …

STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA

1995 INSC 10Disposed off

Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, …

M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.

1995 INSC 11Dismissed

The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, …

SALES TAX COMMISSIONER ETC. ETC.versusB.G. PATEL ETC. ETC.

1995 INSC 3Dismissed

The case concerned promotion of senior clerks belonging to Scheduled Tribes in Gujarat civil services. Several posts reserved for STs were vacant because no candidates possessed the full experience prescribed in Rule 11‑A of the Gujarat Civil Services Classification and Recruitment (General) Rules, …

STATE OF ORISSAversusSANGRAM DAS

1995 INSC 1Appeal(s) allowed

The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed …

BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.

1995 INSC 2Dismissed

Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway …

KARMALL SINGH AND ANR.versusDARSHAN SINGH AND ORS.

1994 INSC 622Appeal(s) allowed

The Haryana Government, exercising power under Section 4 of the Punjab Gram Panchayat Act, 1952, issued a notification on 18‑12‑1991 amalgamating the Bhorakh and Harigarh Gram Sabhas to curb alleged misuse of office by the Sarpanch of Harigarh, who had illegally appropriated Panchayat land. The …

UNION OF INDIA AND ANR.versusPRATAP SINGH AND ORS. ETC.

1994 INSC 606Appeal(s) allowed

The case concerned civilian employees of the Ministry of Defence who participated in Operations Blue Star and Wood Rose. A Government order dated 20 December 1985 directed that ration allowance in lieu of free rations be payable retrospectively to the entitled categories of defence civilian …

SH. P.G.GUPTA ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1994 INSC 607Dismissed

The Gujarat government converted 396 lower‑income group houses from a rental scheme to a hire‑purchase scheme and set eligibility criteria requiring five years continuous residence, excluding retired servants. Category III employees, who had vacated their Pahari houses for better accommodation in …

CENTRAL COALFIELDS LTD.versusSTATE OF MADHYA PRADESH AND ORS.

1994 INSC 603Dismissed

Central Coalfields Ltd. constructed office buildings and staff quarters in the Singrauli area without obtaining permission from the Special Areas Development Authority (SADA) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. SADA ordered the demolition of the structures under section …

V. LAKSHMANANversusB. R. MANGALAGIRI AND ORS.

1994 INSC 604Dismissed

The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram …

SMT. H.B. USHAversusD.S. RAMACHANDRA

1994 INSC 596Disposed off

In the civil appeal concerning a partnership dispute between Smt. H.B. Usha and D.S. Ramachandra, the parties reached an amicable settlement. The Supreme Court approved the settlement, ordering the appellant to pay a total of Rs. 3.25 crore to the respondent for relinquishing his half‑share in the …

THE STATE OF PUNJABversusAVTAR SINGH AND ORS.

1994 INSC 593Appeal(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 …

KARSONDAS VIRJI THAKKAR AND ANR.versusJAGANNATH SOWAR VAITY AND ORS.

1994 INSC 594Disposed 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 …

BAJIRAO T. KOTE (DEAD) BY LRS. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 589Dismissed

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 …

U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.

1994 INSC 574Appeal(s) allowed

The respondents, appointed ad‑hoc as Assistant Engineers in the U.P. Local Self‑Government Engineering Department, sought inter‑seniority determination. The Allahabad High Court directed the preparation of a fresh seniority list based on a merit list, but the original record could not be traced, …

STATE OF U.P. AND ANR.versusDR. S.K. SINHA AND ORS.

1994 INSC 575Appeal(s) allowed

Dr. L.B. Sinha, a regular lecturer, went on study leave and Dr. S.K. Sinha was appointed as a temporary lecturer against the leave vacancy. The appointment letter expressly stated that the post was temporary, terminable on 24‑hour notice and salary contingent on UGC funds. When Dr. L.B. Sinha …

M/S. SHORI LAL AND SONS AND ANRversusDELHI DEVELOPMENT AUTHORITY AND ANR

1994 INSC 569Dismissed

The partnership Mis. Shori Lal and Sons occupied two government plots in Motia Khan and, under the Delhi Development Authority's (DDA) scheme, applied for alternate plots in the Naraina Warehousing Scheme. The DDA allotted them Plot X‑70 (200 sq yds) for one plot and Plot Y‑5 (450 sq yds) for both …

AMAR CHANDversusBHANO AND ANR.

1994 INSC 570Appeal(s) allowed

Amar Chand had stood as a surety for a decree of Rs.10,000, which included mesne profits, owed by the principal debtor Dia Singh to the decree holder. The decree holder later entered into a compromise with Dia Singh, recording it without any reference to the surety. The question before the Supreme …

KRISHI UTPADAN MANDI SAMITI AND ANR.versusMAKRAND SINGH AND ORS. ETC.

1994 INSC 571Appeal(s) allowed

The State notified certain lands for acquisition in the Gazette on 19‑02‑1982 and later issued a declaration under Section 6(1) of the Land Acquisition Act, publishing it in the Gazette on 07‑02‑1985, in newspapers on 04‑06‑1987 and by local notice thereafter. The owners challenged the declaration, …

KARSAN AMBUBHAI SINDHAVversusTHE STATE OF GUJARAT

1994 INSC 563Dismissed

The appellant, Karsan Ambubhai Sindha, owned agricultural land exceeding the ceiling of 54 acres prescribed under the Gujarat Agricultural Land Ceiling Act, 1960. The Tribunal, after excluding the ceiling area, identified 18.23 acres as excess and ordered surrender. The appellant argued that his …

MATHEVAN PADMANABHAN @ PONNAN (DEAD) THROUGH LRS.versusPARMESHWARAN THAMPI AND ORS

1994 INSC 564Appeal(s) allowed

The respondents filed a suit for possession of land alleging that the appellant had surrendered his tenancy and was in illegal possession. The appellant contested, claiming he remained a tenant and sought permission under Section 72‑B of the Kerala Land Reforms Act to purchase the land. The civil …

L. V ASANTHA KUMARIversusBALAMMAL AND ORS.

1994 INSC 565Appeal(s) allowed

The appellant, L. V. Vasantha Kumar, occupied a hut on land that had been sold by Subramonian Pillai to Vaikuntam Pillai in 1955, and later claimed ownership based on an agreement to purchase. The respondent, Balammal, obtained a decree for specific performance of that agreement and subsequently …

KULDIP MAHATON AND ORS.versusBHULAN MAHTO (DEAD) BY L.RS. AND ORS.

1994 INSC 566Appeal(s) allowed

Munnia, the widow of Bigu, held a life estate in property and died in 1932 before the Hindu Women’s Right to Property Act, 1937 came into force. Upon her death, the property reverted to the reversioners – the first respondent (Bhulan) and the appellants – making them co‑owners. Bhulan claimed he had …

SRI SHYAM SUNDER PRASAD AND ORS.versusSRI RAJPAL SINGH AND ANR.

1994 INSC 559Dismissed

The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the …

BAKHTAWAR SINGH AND ANR. ETC. ETC.versusUNION OF INDIA AND ANR.

1994 INSC 560Dismissed

The case concerned acquisition of about 527 acres of land in Bhagualong and surrounding villages for a cantonment. The Land Acquisition Officer initially awarded Rs 22,000 per acre for nehrri and chahi land, which was later enhanced by the Additional District Judge to Rs 36,000 and by the High Court …

TARLOCHAN SINGH AND ANR; ETC. ETC.versusTHE STATE OF PUNJAB AND ORS.

1994 INSC 561Dismissed

The Supreme Court examined appeals by landowners whose 881 acres were acquired under the Land Acquisition Act, 1894 for municipal development. After a series of assessments by the acquisition officer, district judge, single judge and a division bench, the claimants sought further enhancement of …

JUGRAJ SINGH AND ANR.versusLABH SINGH AND ORS.

1994 INSC 557Dismissed

The plaintiffs, Labh Singh and his brother, sued for specific performance of a sale agreement dated 30‑8‑1984 against the original vendor, Jasbir Singh. The petitioners, who had purchased the property later on 4‑1‑1985, were impleaded as necessary parties. All lower courts held that the petitioners …

NARENDER PAL SHARMA AND ANR.versusSTATE OF PUNJAB AND ORS.

1994 INSC 556Appeal(s) allowed

The Supreme Court examined the nomination procedure for nine vacancies in the Punjab Civil Services (Executive Branch) under the 1976 Rules, where the Chief Secretary assigned marks for ACRs, experience, and an ability test, and excluded candidates scoring 33% or less in the ability test. The …

SMT. RATNA @ RATNAVATIversusSYNDICATE BANK AND ORS.

1994 INSC 549Dismissed

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the …

VIRENDRA GAUR AND ORS.versusSTATE OF HARYANA AND ORS.

1994 INSC 550Appeal(s) allowed

The Supreme Court examined whether the Haryana Government could lease municipal land, earmarked as open space for sanitation and recreation, to the Punjab Samaj Sabha for a Dharamshala. The land had been vested in the municipality under the Haryana Municipal Act, 1973 and was reserved under a town …

R. R. KULASEKHARANversusA.P.P.S. COMMISSION AND ORS

1994 INSC 551Dismissed

The petitioners challenged the appointment of candidates to posts reserved for Backward Class (BC‑A) in Andhra Pradesh, arguing that when no local BC‑A candidates were available, the government should have allowed BC‑A candidates from other zones to be considered as non‑local and appointed on merit. …

M/S. DURGA RAM PRASADversusGOVT. OF ANDHRA PRADESH

1994 INSC 539Dismissed

The appellant, a contractor, entered into a contract to construct a food‑grains godown for the Government of Andhra Pradesh. The engineer withheld part of the payment alleging that the work was not executed as per the contract. The dispute was referred to an arbitrator who awarded the contractor the …

HIGH COURT OF PUNJAB AND HARYANAversusAMRIK SINGH

1994 INSC 541Appeal(s) allowed

The respondent, a Selection Grade Superintendent of the Punjab and Haryana High Court, had his superannuation extended by two years (re‑employment). During this period he was charged with embezzlement, suspended and a charge‑sheet was issued. After the re‑employment period he was allowed to retire, …

SMT. SITA DEVI (DEAD) BY LRS.versusSTATE OF BIHAR AND ORS.

1994 INSC 537Dismissed

The petitioners challenged the Bihar Agricultural Produce Markets Act, 1960's provision allowing the Market Committee to levy a market fee on buffaloes, bullocks and cows sold in a notified market, arguing that cattle are not agricultural produce. The High Court held that Section 2(1)(a) of the Act, …