BRITISH INDIAN CORPORATION LTD.versusMIS RASHTRACO FREIGHT CARRIERS
1996 INSC 6287 May 1996Appeal(s) allowed
British Indian Corporation Ltd entrusted 147 bales of raw wool to Rashtaco Freight Carriers for transport. The carrier detained the goods and sued the owner for an injunction, claiming arrears of Rs 13,48,817.13 in transport charges. The owner filed a separate suit for recovery of the detained goods. The carrier applie…
CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.
1996 INSC 6297 May 1996
The Central Bank of India sought clarification on the meaning of the expression "the principal sum adjudged" in Section 34 of the Code of Civil Procedure, 1908, particularly whether it includes interest that has merged with the principal. The Attorney General, appearing for the bank, relied on earlier Supreme Court dec…
OKHLA ENCLAVE JOINT ACTION COMMITTEE ETC.versusUNION OF INDIA AND ORS.
1997 INSC 3777 April 1997Disposed off
The petitioners, members of the Okhla Enclave Joint Action Committee, filed writ petitions under Article 32 alleging that the builder (Durga Builders Ltd., the ‘coloniser’) was not sincerely allotting the plots they had booked. The dispute centered on whether the coloniser should allocate plots under the existing schem…
SHRI D.P. PATILversusUNION OF INDIA AND ORS.
1997 INSC 3787 April 1997Dismissed
The appellant, D.P. Patil, retired in 1975 and failed to exercise the option to switch to a pension scheme during several extensions of the deadline. After others were granted pension benefits by a Tribunal, he filed a petition claiming ignorance of the extensions and sought a pension. The Tribunal granted the pension,…
GHANSHYAM DASS KEDIA AND ORS.versusSHRI N.P. SINGH, SECRETARY, GOVERNMENT OF INDIA AND ORS.
1997 INSC 3797 April 1997Disposed off
The Supreme Court revisited its earlier direction in Union of India v. Ghanshyam Dass Kedia (1996) concerning the allotment of land to 19 petitioners. Applications filed by the Union of India and the Delhi Development Authority (DDA) proposed four alternatives for allocating plots. After hearing counsel, the Court acce…
SECTOR 6, BAHADURGARH PLOT HOLDERS' ASSOCIATION AND ORS.versusTHE STATE OF HARYANA AND ANR.
1997 INSC 3807 April 1997Dismissed
The Sector‑6 Bahadurgarh Plot Holders Association filed a contempt petition alleging that the State of Haryana had failed to comply with a Supreme Court direction to fully develop the allotted plots within six months. The Supreme Court had earlier ordered that the sector be "fully" developed, not merely "almost fully,"…
RAMAVATARversusSTATE OF BIHAR AND ORS.
1997 INSC 3817 April 1997Dismissed
The appellant, Ramavatar, sought promotion to Engineer‑in‑Chief on the basis of a Scheduled Tribe (ST) status. The Supreme Court examined his claim by directing him to submit a genealogy table of his family history. The affidavit revealed that his ancestors originated from Bilaspur, Madhya Pradesh, migrated to Bihar, a…
UNION OF INDIA AND ANR.versusKARAM SINGH AND ORS.
1997 INSC 3827 April 1997Leave Granted & Allowed
The respondents' property was acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. After the Land Acquisition Collector fixed compensation, the respondents objected and an arbitrator enhanced the award. The Single Judge set aside the arbitrator’s award and fixed a uniform enhanced compensa…
JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.versusBAL KISHAN SONI AND ORS.
1997 INSC 3837 April 1997Leave Granted & Disposed off
The Jawahar Lal Nehru Krishi Vishwavidyalaya had undertaken a project under a scheme sponsored by the Indian Council of Agricultural Research (ICAR), creating 625 posts that were co‑terminus with the scheme. Employees working as binders, machine operators and Class IV staff filed a writ petition in the Madhya Pradesh H…
NADAR MAHAJAN SANGAM S. VELAICHAMY NADAR KALLOORI AND ORS.versusDISTRICT REGISTRAR (SOCIETIES AND ORS.)
1997 INSC 3847 April 1997Leave Granted & Disposed off
The Nadar Mahajan Sangam established N.M.S.S. Vellaichamy Nadar College in 1965, but the term of its managing society committee expired on March 31, 1966 and elections could not be held, leading to a disputed management of the college. A trial judge, instead of conducting an inquiry himself, directed the District Regis…
V.K. DUBEY AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 3857 April 1997Leave Granted & Dismissed
The appellants, originally employed on the diesel side of Indian Railways, were trained and transferred to the electrical locomotive side after the introduction of electric engines. A dispute arose regarding the inter‑se seniority of those already working on the electrical side versus the transferred diesel employees. …
STATE OF MAHARASHTRA AND ORS.versusDR. SHRI HARI SHANKAR VAIDHYA AND ORS.
1997 INSC 3867 April 1997Leave Granted & Disposed off
The petitioners, teachers in privately aided Ayurvedic, Unani and Homeopathic colleges, sought to obtain pension and gratuity benefits under the Maharashtra State Government Civil Service (Pension) Rules, 1982, which did not expressly cover them. The State of Maharashtra argued that extending such benefits to all teach…
DAHIBEN W/O RANCHHODJI JIVANJI AND ORS. ETC.versusVASANJI KEVALBHAI (DEAD) AND ORS. ETC.
1995 INSC 2557 April 1995Dismissed
The appellants sought possession of land occupied by the respondents, who claimed status as protected tenants under the Bombay Tenancy Act, 1939. The dispute turned on whether tenants residing in areas covered by clause (c) of section 88(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 retained that protected …
GOVERNMENT OF TAMIL NADU AND ANR.versusVASANTHA BAI
1995 INSC 2587 April 1995Appeal(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 obtained a stay of disposse…
SATYAPAL SINGHversusTHE HARYANA STATE SUBORDINATE SELECTION BOARD AND ORS.
1994 INSC 1477 April 1994Disposed off
The appellant, Satyapal Singh, a 40% disabled ex‑serviceman, was appointed on an ad‑hoc basis as Technical Tracer and was recommended by the Haryana Rajya Sainik Board for regular appointment. The Haryana State Subordinate Services Selection Board, however, did not recommend his regularisation because he failed to obta…
STATE OF MAHARASHTRA AND ANR. AW. DHOPE AND ORSversusSHRI SANJAY THAKRE AND ORS.
1995 INSC 1677 March 1995Dismissed
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 between direct recruit…
GULZARA SINGHversusTHE COLLECTOR, LUDHIANA AND ORS.
1995 INSC 1687 March 1995Appeal(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 the mortgagees had e…
M/S. S.R.F. LIMITEDversusM/S. GARWARE PLASTICS AND POLYESTERS LTD. AND ORS.
1995 INSC 1707 March 1995Appeal(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 "interested person" and s…
HEIRS AND LRS. OF DECEASED SOMABHAI KANJIBHAI BARIAversusPATEL PARSH OTT AMDAS JAMDAS (D) AND ANR.
1995 INSC 1717 March 1995Dismissed
The appellants, heirs of Somabhai Kanjibhai Baria, were tenants of watan lands that were abolished by the Gujarat Watans Abolition Act, 1961 and later re‑granted to the respondent in 1966. The tenancy was terminated on 31 March 1961 and a suit for possession was filed on 14 August 1962. The civil court, relying on Sect…
PPK GOPALAN NAMBIARversusPPK BALAKRISHNAN NAMBIAR AND ORS.
1995 INSC 1727 March 1995Appeal(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 of the testator's sou…
SHIV DAS AND ORS.versusSMT. DEVKI (DEAD) BY LRS. AND ORS.
1995 INSC 1737 March 1995Disposed 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 entitled to equal halves…
MR. P. SRIRAMAMURTHYversusMRS. VASANTHA RAMAN
1997 INSC 1237 February 1997Disposed off
The appellant, a tenant, entered into an 11‑month lease in February 1988 but later fell into arrears, eventually defaulting for six months. The respondent, the landlady, sought eviction under Sections 10(2)(i) and 10(2)(ii)(b) of the Tamil Nadu Building Lease and Rent Control Act, 1960, alleging wilful default and unau…
UNION OF INDIA AND ANR.versusSHER SINGH AND ORS.
1997 INSC 1247 February 1997Appeal(s) allowed
The Union of India, on behalf of a Gaon Sabha, acquired land under the Land Acquisition Act, 1894, and a dispute arose over compensation for land recorded as "gair mumkin pahar". The respondents, Sher Singh and others, claimed they were the Bhumidhars of the land and therefore entitled to compensation, while the Gaon S…
THE VADAKKENCHARY CO. OPERATIVE SERVICE BANK LTD. ETC. ETC.versusSTATE OF KERALA AND ORS.
1996 INSC 1977 February 1996Dismissed as withdrawn
The Vadakkenchary Co. Operative Service Bank Ltd. appealed against judgments of the Kerala High Court (Civil Appeal Nos. 2274‑78 of 1977). The appellants later sought liberty to withdraw these appeals, invoking earlier orders of this Court that allowed similar withdrawals. The Court granted the liberty and dismissed th…
SHRI M.B. GOPALA KRISHNA AND ORS.versusTHE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION
1996 INSC 1987 February 1996Dismissed
The State issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 105 acres for defence purposes. The Land Acquisition Officer initially awarded compensation of Rs.30 per square yard, which the civil court later enhanced to Rs.108 per square yard. The respondent appealed, and the High Cour…
KOODALMANICKAM IN DEVASWOM MANAGING COMMITTEEversusTHACHUDAYA KAIMAL@ MAN1CKAN KERALAN (DEAD) BY LRS.
1996 INSC 1997 February 1996Disposed off
The respondent, Thachudaya Kaimal, claimed that certain properties were granted to him personally for his benefit under a historic decree, entitling him to the income or usufruct of those premises. The trial court and the first appellate court dismissed his suit, but the Kerala High Court in a second appeal allowed his…
BOMBAY ENVIRONMENTAL ACTION GROUP AND ANR.versusTHE MUNICIPAL CORPN. OF PUNE AND ORS.
1996 INSC 2007 February 1996Disposed off
The Bombay Environmental Action Group appealed to the Supreme Court against the Bombay High Court’s order closing contempt proceedings against builders who were constructing a building on plot No. 57. The High Court had held that the construction did not violate its earlier interim injunction dated 23‑03‑1992, which wa…
OSMAN UMARversusMALAL ALIBHAI NATHU AND ORS
1996 INSC 2017 February 1996Dismissed
The appellant, representing the Patni Jamat, sought an occupancy certificate from the Mamlatdar in 1951 for land to be used as a Kabristan. A later suit (Suit No. 151/66) declared that all four jamats were jointly entitled to the land, and an injunction was placed against the appellant; this decree was reversed on appe…
P.S. SAWHNEYversusUNION OF INDIA AND ORS.
1996 INSC 2027 February 1996Appeal(s) allowed
The appellant, a government employee, sought annual increments of Rs.100 on his pay scale as directed by a previous Supreme Court order, arguing that after reaching the maximum of the scale the increments should continue as special pay. He also claimed entitlement to local allowances on par with the Punjab pattern afte…
S. NOORDEENversusV.S. THIRU VENKITA REDDIAR AND ORS.
1996 INSC 2037 February 1996Dismissed
The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree dated 3 April 1954 and …
STATE OF HARYANA AND ORS.versusMAHABIR PRASAD SHARMA AND ORS.
1994 INSC 527 February 1994Disposed off
The State of Haryana sought recruitment of 11 Chief Inspectors, with a selection committee appointing 11 and placing four general‑category candidates on a waiting list. The candidates challenged the non‑appointment, and the Punjab & Haryana High Court held that while the waiting list did not create a vested right, the …
AIR INDIA STATUTORY CORPORATIONversusUNITED LABOUR UNION AND ORS.
1996 INSC 14426 December 1996
The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 notification abolish…
STATE OF PUNJAB AND ORS.versusGURSHARAN SINGH AND ORS.
1996 INSC 14436 December 1996Disposed off
The Government Engineering College in Bhatinda was transferred to an autonomous society in 1992. The college’s staff, who were government employees, filed writ petitions seeking absorption into regular government service rather than being transferred to the society. The Punjab & Haryana High Court ordered that all of t…
BAHADURGARH FLAT HOLDERS ASSOCIATIONversusTHE STATE OF HARYANA AND ANR.
1995 INSC 8486 December 1995Disposed off
The Supreme Court examined an allotment of free‑hold plots in Sector‑6, Bahadurgarh made under the Punjab Urban Estates (Development & Regulation) Act, 1964 and the Punjab Urban Estates (Sales of Sites) Rules, 1965. The allotment required an initial 25% payment and allowed the balance to be paid in instalments with 7% …
P. VENKATARAJUversusSPECIAL TEHSILDAR (LAND ACQUISITION)
1995 INSC 8496 December 1995Dismissed
The appellant's land was acquired for the Vengalarayasagar Project under a notification issued on 20 September 1979 pursuant to section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 10,000 per acre, but the Subordinate Judge, on reference under section 18(1), en…
SANJAY INDUSTRIAL AND ENGINEERING COMPANYversusTHE STATE OF BIHAR AND ORS.
1995 INSC 8506 December 1995Dismissed
The appellant, Sanjay Industrial and Engineering Co., challenged a decision of the State Government before the Supreme Court, raising two main points. First, it contended that a letter dated 5 July 1979 should be treated as an integral part of an agreement dated 17 July 1979, thereby creating an obligation to pay Rs. 4…
PATEL NATWARLAL RUPJIversusSHRI KONDH GROUP KHETI VISHAYAK AND ANR
1995 INSC 8516 December 1995Dismissed
The petitioner sought a declaration and injunction to prevent the attachment and sale of land that had been attached to satisfy a monetary award against the respondent society. He relied on Section 53-A of the Transfer of Property Act, claiming that an agreement of sale executed after the attachment but before judgment…
DEEPAK THEATRE, DHURIversusSTATE OF PUNJAB AND ORS.
1991 INSC 3256 December 1991Dismissed
Deepak Theatre held a licence under the Punjab Cinemas (Regulation) Act, 1952. The licensing authority classified the theatre's seats into four categories and fixed admission rates, which the theatre challenged as ultra vires and a violation of its Article 19(1)(g) right to carry on business. The High Court initially h…
K.P.A. VELLAYAPPA NADAR (DEAD) THROUGH LRS.versusBHAGIRATHI AMMAL AND OTHERS
1996 INSC 12966 November 1996Appeal(s) allowed
The appellant, K.P.A. Vellayappa Nadar, was a partner in a firm formed in 1954. In February 1970, due to his old age, the partners mutually dissolved that firm and settled accounts, and a new partnership was created on 15 February 1970 without the appellant. After the death of one partner in 1972, the respondents filed…
SHRI TULSIversusSMT. PARO (DEAD)
1996 INSC 12976 November 1996Appeal(s) allowed
The respondent, Paro, sued Tulsi for possession of agricultural land, alleging Tulsi was merely a licensee who cultivated the land on her behalf. Tulsi contended he was a tenant at will, a status reflected in revenue records from 1951‑52 to 1971‑72 where he was listed as "Gar Marusi" and he had enjoyed uninterrupted po…
JAI DAYAL AND ORS.versusKRISHAN LAL GARG AND ANR.
1996 INSC 12986 November 1996Appeal(s) allowed
Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that completely blocked the pass…
M. POORNACHANDRAN AND ANR.versusSTATE OF TAMIL NADU AND ORS.
1996 INSC 12926 November 1996Dismissed
The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the proceedings. The Court…
VIJAY KUMAR NIGAM (DEAD) THROUGH LRS.versusSTATE OF M.P. AND ORS.
1996 INSC 12996 November 1996Dismissed
V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and that the statement of…
INDIAN DRUGS AND PHARMACEUTICALS LTD. ETC.versusEMPLOYEES STATE INSURANCE CORPORATION ETC.
1996 INSC 13006 November 1996Dismissed
The appellants, employers, had their regular employees perform overtime work and paid them overtime wages as per an agreement. The question before the Supreme Court was whether such overtime remuneration falls within the definition of "wages" under Section 2(22) of the Employees State Insurance Act, 1948, especially wh…
LAXMI CHAND & ORS.versusGRAM PANCHAYAT, KARARIA AND ORS.
1995 INSC 6886 November 1995Dismissed
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 the inquiry and mak…
NARESH J. SUKHAWANIversusUNION OF INDIA
1995 INSC 6896 November 1995Dismissed
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 Additional Collecto…
STATE OF U.P. AND ORS.versusU.P. MADHYAMIK SHIKSHA PARISHAD SHRAMIK SANGH
1995 INSC 6906 November 1995Appeal(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 employees. The Allah…
STATE OF HARYANA AND ORS.versusDEWAN SINGH AND ORS.
1995 INSC 6916 November 1995Appeal(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 challenging the notifica…
MARKET COMMITTEE, HODALversusKRISHAN MURARI AND ORS.
1995 INSC 6926 November 1995Appeal(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 taken, and compensation …
S. PRABHA SINGH DHILLON ETC. ETC.versusHOSHIARPUR IMPROVEMENT TRUST AND ORS.
1995 INSC 6936 November 1995Disposed 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 entitled to the statuto…
MOHD. QAISERversusL.K. SINHA AND ORS.
1995 INSC 6946 November 1995Disposed 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 September, which the petition…
SAKTI THROUGH ITS DIRECTOR, RAMPACHODAVARAM, EAST GODA VARI DISTT., ANDHRA PRADESHversusR.K. RAGALA AND ORS.
1995 INSC 6956 November 1995Disposed off
Sakti, through its director, issued a show‑cause notice to employee R.K. Ragala. Before the notice could be acted upon, Ragala retired from service. The Andhra Pradesh High Court quashed the notice, although it interfered at the notice stage. The appellant filed a special leave appeal before the Supreme Court. The Cour…
U.P JAL NIGAM AND ANR.versusNARESHWAR SAHAI MATHUR AND ANR.
1994 INSC 4506 October 1994Appeal(s) allowed
The case concerned a promotion grievance of government servants in U.P. Jal Nigam, where the petitioners sought relief through a writ under Article 226 of the Constitution instead of first approaching the specially constituted U.P. Public Service Tribunal. The Allahabad High Court had earlier directed the parties to av…
STATE OF BIHAR AND ORS.versusBAGESHWARI PRASAD AND ANR.
1994 INSC 4516 October 1994Appeal(s) allowed
The Supreme Court examined a dispute concerning promotion of a reserved‑category employee to the post of Office Superintendent in Bihar. The State had issued a circular with a roaster that earmarked the second vacancy for Scheduled Castes and the fourth for Scheduled Tribes, while other vacancies were unreserved. The r…
NOORDUDDINversusDR. K.L. ANAND
1994 INSC 4526 October 1994Appeal(s) allowed
The appellant, Noorduddin, claimed an independent right, title and interest in land (Khasra No.179) that he alleged was part of his ancestral property and not covered by the sale of evacuee lands (Khasra Nos.13 and 14) to Dr. K.L. Anand. The respondent sought possession of the latter parcels under a decree, and the app…
MUNICIPAL CORPORATION OF GREATER BOMBAYversusTHE INDUSTRIAL DEVELOPMENT AND INVESTMENT CO. PVT. LTD AND ORS.
1996 INSC 10026 September 1996Case Partly allowed
The Municipal Corporation of Greater Bombay acquired lease‑hold land of the respondents under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act, relying on a 1972 notification that the land was earmarked for extending a sewage purification plant. Before the acquisition proceedings were completed, the…
N. RAJARATHINAMversusSTATE OF TAMIL NADU AND ANR.
1996 INSC 10036 September 1996Dismissed
The petitioner, N. Rajarathinam, an Assistant Commissioner of Commercial Tax, was charged with demanding and accepting illegal gratification from a taxpayer (PW‑1). He was suspended and an enquiry was conducted by the Tamil Nadu Administrative Tribunal, which, after finding that the pre‑ponderance of evidence – chiefly…
CHOUDHARY GOUTAM KUMAR SARANversusDIRECTOR OF SPORTS AND YOUTH SERVICES ORISSA AND ORS.
1996 INSC 10046 September 1996Dismissed
The petitioner, an ad‑hoc employee, applied for the post of Senior Auditor under the Orissa Auditors Service Rules, 1987. Three candidates were shortlisted, and the Selection Board awarded extra marks for post‑graduation and honours qualifications, resulting in S. Sahu being selected. The petitioner challenged the awar…
HANUMAN PRASADversusUNION OF INDIA AND ANR.
1996 INSC 10056 September 1996Dismissed
The case concerned the cancellation of a select list of 106 candidates for Ticket Collector posts after a CBI preliminary report indicated that examination papers had been leaked and mass copying occurred. The candidates challenged the cancellation, contending that the Divisional Manager lacked authority, that the orde…
MOHAMMADversusMOHAMMED BEKE
1996 INSC 10066 September 1996Appeal(s) allowed
The appellant transferred one acre and 65 cents of land with a building to his father for his lifetime enjoyment, stipulating that after the father's death the property would be used as a Muslim Jamat mosque. While the father was still alive, the appellant executed a second deed cancelling the earlier provision. The ce…
GUMAN SINGHversusSTATE OF RATASTHAN AND ORS.
1996 INSC 10076 September 1996Dismissed
The petitioner, a lessee of sand stone in Rajasthan, failed to file the required returns under the Rajasthan Mineral Concession Rules, 1986, prompting the Assessing Authority to make a best‑judgment assessment under Rule 38(3) based on a government circular of 17 October 1987. A random weighment of a truck revealed 12 …
MAJOR ASHOK KUMAR SINGHversusVITH ADDL. SESSIONS JUDGE, VARANASI AND ORS.
1995 INSC 5416 September 1995Dismissed
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 affirmed by the Sessions …
STATE OF ORISSAversusDR. SIVASANKER LAL BAJORIA AND ANR.
1994 INSC 3616 September 1994Appeal(s) allowed
The State of Orissa created a single post of Assistant Professor of Cardiology at SCB Medical College. Dr. Urmila Kumari Swain was transferred to the post in 1979, and Dr. Sivasanker Lal Bajoria challenged that appointment, which was later withdrawn. In 1983 Dr. Mruthyunjaya Satpathy was appointed to the same post, and…
DALIP CHAND AND ORS.versusUNION OF INDIA AND ORS.
1994 INSC 3626 September 1994Appeal(s) allowed
In 1928 a non‑agriculturist tribe sold 60 bighas of land, now in Pakistan, to the appellants, and mutation was effected in their favour in 1932. After the vendor’s caste was later notified as an agricultural tribe, the authorities attempted to review the mutation, treating the appellants as mortgagees. The appellants m…
KARNAIL SINGHversusTHE STATE OF PUNJAB AND ANR.
1994 INSC 3636 September 1994Appeal(s) allowed
The appellants, head constables who had completed intermediate and upper school police training, were temporarily promoted to Sub‑Inspectors and placed on the 'G' list. After completing the upper school course in 1984 they were not placed on the 'E' list and were reverted to head constable, while two junior colleagues …
THE NAIHATI MUNICIPALITY AND ORS.versusCHINMOYEE MUKHERJEE AND ORS.
1996 INSC 8326 August 1996Appeal(s) allowed
The Naihati Municipality resolved to rehabilitate hawkers by acquiring land, but lacked funds, so the hawkers' union contributed Rs 3,90,000 which was deposited with the municipal commissioner and became part of the municipality’s funds. The Government issued a notification under Section 4(1) of the Land Acquisition Ac…
AJAY KRISHAN SHINGHAL ETC. ETC.versusUNION OF INDIA AND ORS.
1996 INSC 8336 August 1996Dismissed
The petitioners challenged the acquisition of 3,470 acres in Naraina village for the "planned development of Delhi" on the grounds that the land was not required for a public purpose and that the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 had not been properly published in the lo…
MRS. MANJU BHATIA AND ANRversusNEW DELHI MUNICIPAL COUNCIL AND ANR.
1997 INSC 4836 May 1997Disposed off
The builder constructed an eight‑storey building called "White House" in Delhi, delivering flats to purchasers including the appellants. It was later discovered that the top four floors were built in violation of municipal regulations, leading the New Delhi Municipal Council to demolish those floors. The flat owners su…
UNION OF INDIA AND ANR.versusM. BHASKAR AND ORS.
1996 INSC 6186 May 1996Dismissed
The Supreme Court examined the Railway Board's 15 May 1987 memorandum that altered recruitment and pay scales for Traffic/Commercial Apprentices. It held that the memorandum did not revise pay for all apprentices but only for higher‑grade Traffic/Commercial Inspectors, and that the Board acted within its authority unde…
BAI SHAKRIBEN (DEAD) BY NATWAR MELSINGH AND ORS.versusSPECIAL LAND ACQUISITION OFFICER AND ANR.
1996 INSC 6236 May 1996Dismissed
The case concerned a decree of compensation awarded under the Land Acquisition Act, 1894, which became final after the claimants failed to appeal. The claimants later sought to amend the decree under Order 47 Rule 1 and Section 151 of the CPC to obtain additional amounts mandated by the amended Act 68 of 1984—specifica…
THE STATE OF WEST BENGAL AND ORS.versusSRI KARTICK CHANDRA DAS AND ORS.
1996 INSC 6246 May 1996Appeal(s) allowed
The State of West Bengal and others directed the appellant to grant registration and subsidy under the West Bengal Cinemas Development Scheme, a direction issued by a single High Court judge under Article 226. While the appeal against that direction was pending, contempt proceedings were initiated against the appellant…
S. SATYAPAL REDDY ETC.versusGOVT. OF A.P. AND ORS.
1994 INSC 1966 May 1994Dismissed
The appellants, holders of diplomas in Mechanical Engineering, applied for the post of Assistant Motor Vehicles Inspector in Andhra Pradesh but were rejected because the State's Transport Subordinate Service Rules required a degree. They challenged the State rule, arguing that the Motor Vehicles Act, 1988 (Section 213(…
STATE OF U.P. AND ORS.versusCOMMITIEE OF MANAGEMENT OF S.K.M. INTER COLLEGE AND ANR.
1995 INSC 2526 April 1995Appeal(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 Committee's explana…
U.P. AVAS EVAM VIKAS PARISHAD LUCKNOW (U.P.)versusSMT. PUSHPA LATA AWASTHI
1995 INSC 1616 March 1995Disposed 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 but before any objec…
FOOD CORPORATION OF INDIAversusTHANESWAR KALITA AND ORS. ETC.
1995 INSC 1626 March 1995Appeal(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 regular service, grant…
RA VINDER SINGHversusSTATE OF M.P. AND ORS.
1995 INSC 1636 March 1995Appeal(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 withdrew the resignation …
NANI GOPAL PAULversusT. PRASAD SINGH AND ORS.
1995 INSC 1646 March 1995Appeal(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 proper scrutiny. Responde…
CHITTARANJAN SINGH CHIMA AND ANR.versusSTATE OF PUNJAB AND ORS.
1997 INSC 1126 February 1997Dismissed
The appellants, former Indian Air Force sergeants, were appointed as junior Sports Officers by the Punjab Government under the Punjab Government National Emergency (Concession) Rules, 1965, and claimed that their 15 years of military service should be counted for seniority and consequential benefits in the civil servic…
STATE OF KERALAversusMOTHER ANASTHASIA, SUPERIOR GENERAL AND ORS.
1997 INSC 1136 February 1997Disposed off
Mary Lily was appointed temporarily to a leave vacancy at St. Joseph's College for Women in 1974 and ceased to be a lecturer after three months. In 1976 a permanent vacancy was advertised and Mariamma Chacko was selected. Mary Lily claimed a preferential right to the appointment under Section 57(6) of the Calicut Unive…
S.K. SALDIversusTHE GENERAL MANAGER, U.P. STATE SUGAR CORPORATION LTD. AND ANR.
1997 INSC 1146 February 1997Dismissed
S.K. Saldi, appointed in Meerut Straw Board Mills and later deputed to S.B. Sugar Mills, sought to be repatriated to his parent department when the mill declined to retain him. He filed a civil suit in the Bijnor Civil Court, which ordered his reinstatement and transfer back to the parent department. The mill challenge…
DR. P.N. DUBEY AND ORS.versusSTATE OF MADHYA PRADESH
1997 INSC 1156 February 1997Dismissed
The appellants, who were Veterinary Assistant Surgeons in the Madhya Pradesh Veterinary Services, sought appointment as Assistant Directors. Under the Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966, recruitment to that post was to be made equally by direct recruitment and promotion. Although the State Gover…
THE ACCOUNTANT GENERAL ANDHRA PRADESH AND ANR.versusMOHD. ABDUL RAHMAN KHAN
1997 INSC 1166 February 1997Dismissed
The respondent, Abdul Rahman Khan, was appointed as a Lower Division Clerk in the erstwhile Nizam State on 10 March 1938 and later absorbed into the Central Government on 1 April 1950 as an Upper Division Clerk. The dispute centered on whether he should retire at the age of 58, as prescribed by Fundamental Rule 56(a) a…
STATE OF PUNJAB AND ORS.versusRAM RAKHA AND ORS.
1997 INSC 1176 February 1997Dismissed
The respondents, heirs of Gobind Mal who held a possessory mortgage over the suit land since 1887‑88, claimed that the mortgage became irredeemable when the Evacuee Interest (Separation) Act, 1951 came into force, and that after the statutory period of 60 years they acquired absolute ownership. The Union of India, invo…
THE KONCH DEGREE COLLEGE, CONCH, JALAUN ETC.versusRAM SAJIWAN SHUKLA AND ANR.
1997 INSC 1186 February 1997Dismissed
INDERMANI KIRTIPALversusTHE UNION OF INDIA AND ORS.
1996 INSC 1896 February 1996Dismissed
The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a single‑member bench. He cha…
SMT. FIRDOSH FATIMA (SINCE DEAD) ETC.versusSMT. FIRDOSH BEGUM (DEAD) AND ORS. ETC.
1996 INSC 1906 February 1996Dismissed
The Supreme Court examined the constitutional validity of Section 4 of the Uttar Pradesh Amendment Act 33 of 1972, which abolished letters‑patent appeals from judgments of a single High Court judge in writ jurisdiction concerning revenue and tenancy matters. The petitioners challenged the amendment on the ground that i…
K.P.O. MOIDEENKUTTY HAJEEversusPAPPU MANJOORAN AND ANR.
1996 INSC 1916 February 1996Dismissed
The appellant‑defendant challenged the trial and Kerala High Court judgments that upheld a suit for recovery of Rs 1.5 lakhs on a promissory note (Ex A) executed for the transfer of 3 acres 44 cents of land and a building. The appellant contended that the note was purportedly for cash consideration, that the underlying…
STATE OF U.P.versusO.P. SHARMA
1996 INSC 1926 February 1996Appeal(s) allowed
The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The High Court quashed t…
PARAMESWARAN GOVINDANversusKRISHNAN BHASKARAN AND ORS.
1992 INSC 396 February 1992Appeal(s) allowed
The appellant, a mortgagor, obtained a decree for redemption of his mortgage which required payment of the mortgage amount and a sum for improvements. After depositing the decree amount, the respondent mortgagee filed applications under the Kerala Compensation for Tenants Improvements Act, 1958 and later under Section …
T.L. MADDUKRISHANA AND ANR.versusSMT. LALITHA RAMCHANDRA RAO
1997 INSC 26 January 1997Dismissed
The appellants entered into a sale agreement for a plot of land with the respondents, fixing May 28, 1989 as the date for performance. The respondents repudiated the contract after the appellants had issued a notice to obtain tax clearance and urban ceiling authority permission. The appellants filed a suit for mandator…
SITARAMACHARYA (DEAD) THROUGH LRS.versusGURURAJACHARYA (DEAD) THROUGH LRS.
1997 INSC 36 January 1997Appeal(s) allowed
The appellant's father purchased a restaurant business in 1951 and placed the respondent in charge, later alleging mismanagement and filing a suit for declaration and rendition of account. In earlier proceedings the respondent admitted in his written statement that he managed the business and claimed sufficient funds t…
DIRECTOR, ELEMENTARY EDUCATION AND ORS.versusPRATAP KUMAR NAYAK
1997 INSC 46 January 1997Appeal(s) allowed
The Supreme Court heard an appeal against an order of the Orissa Administrative Tribunal that, in a review proceeding, directed the appointment of the respondent, Pratap Kumar Nayak, as a regular primary school teacher despite his failure to meet the prescribed qualifications. The Tribunal had earlier, on May 19, 1993,…
M.L. MUBARAK BASHA AND OTHERSversusMUNI NAIDU
1997 INSC 56 January 1997Dismissed
The appellant, M.L. Mubarak Basha, appealed a Madras High Court decision confirming a public auction sale of a saw‑mill property, contending that the Commissioner of the court had no authority to fix the upset price. The sale had been conducted under Order XXI Rule 66 of the Civil Procedure Code, 1908, which requires t…
STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA
1995 INSC 106 January 1995Disposed 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, reverted Misra to the pos…
M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.
1995 INSC 116 January 1995Dismissed
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, and, after receiving no…
ANNASAHEB BAPUSAHEB PATIL AND ORS.versusBALWANT@ BALASAHEB BABUSAHEB PATIL (DEAD) BY LRS. AND HEIRS ETC.
1995 INSC 96 January 1995Dismissed
The father of the appellant and the first respondent died in 1956, leaving a joint Hindu family where the Patel watan lands were impartible and governed by primogeniture. The Maharashtra Revenue Patels (Abolition of Office) Act, 1962 abolished the Patel watan and, under s.5, the eldest son Balwant obtained a re‑grant o…
BEHARILAL AND ANR.versusSMT. BHURI DEVI AND ORS.
1996 INSC 14395 December 1996Appeal(s) allowed
The Rajasthan Government’s Mandi Committee allotted two plots to Beharilal in 1953, issued a patta and delivered possession in 1954. After the patta was cancelled in 1956, the same plots were re‑allotted to Ram Gopal (husband of Bhuri Devi) and possession was handed over to him. Criminal proceedings under S. 145 Cr.P.C…
SMT. PRITAM KAURversusDY. SECRETARY, MINISTRY OF HOME AFFAIRS AND ORS.
1996 INSC 14405 December 1996Appeal(s) allowed
The respondents, sons of a West‑Pakistani resident who migrated to India in 1947, filed an application on 19 December 1955 under Section 4 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 seeking rehabilitation compensation for land in Pakistan. The authorities verified the claim and allotted land b…
P. RAMA RAOversusP. NIRMALA AND ORS.
1996 INSC 14415 December 1996Dismissed
The petitioner, a contractor for Indian Oil, hired the respondent truck owner to transport 12,000 litres of oil. An accident caused a leak and only 1,755 litres were delivered, leading the petitioner to sue the truck owner and the insurer, Oriental Fire & General Insurance Co., for the shortfall. The trial court decree…
ABDUL MANNAN AND ORS.versusSTATE OF WEST BENGAL
1995 INSC 8375 December 1995Dismissed
The appellants, eleven persons charged with offences including murder under s.302 IPC, were juveniles at the time of the alleged crime and were therefore required to be tried by a Juvenile Court under the West Bengal Children Act, 1959. No Juvenile Court had been constituted, and the trial was conducted by an Additiona…
SMT. VIRAJ KUNWAR AND ORS.versusII ADDL. DISTT. JUDGE AND ORS.
1995 INSC 8385 December 1995Dismissed
The husband, a tenure‑holder under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, surrendered surplus agricultural land. His wife, who had been judicially separated from him since 1973, claimed that she and their minor children should be treated as a separate holding, allowing her to retain more land. Th…
NARENDRA NATH SINHAversusSTATE OF U.P. AND ORS.
1995 INSC 8395 December 1995Disposed off
The appellant, a senior Assistant Engineer in the Uttar Pradesh Public Works Department, was promoted ad‑hoc to Executive Engineer on 12 July 1979 and regularised on 30 June 1980. He filed a writ petition on 29 September 1980 challenging the seniority list of Assistant Engineers. The Allahabad High Court held that any …
DINAversusTHE FINANCIAL COMMISSIONER, PUNJAB, CHANDIGARH AND ORS.
1995 INSC 8405 December 1995Appeal(s) allowed
The appellant, a tenant, was ordered to be evicted under Section 8 of the Pepsu Tenancy and Agricultural Lands Act (Second Amendment) 1956 after the three‑year minimum tenancy period expired. The lower tribunals held that expiry alone gave the landlord a right to eject. The Supreme Court examined whether Section 8 conf…
UNION OF LNDIA AND ORS.versusSUSHIL KUMAR MODI AND ORS.
1996 INSC 12805 November 1996Disposed off
The Supreme Court heard appeals against a Patna High Court order that, in an application for extension of time, directed all CBI investigation reports in the Bihar "Fodder Scam" to be submitted directly to the High Court and barred the Director of the CBI from intervening in the investigation. The Court held that the D…
RAJ KUMAR GUPTAversusLT. GOVERNOR, DELHI AND ORS.
1996 INSC 12875 November 1996Appeal(s) allowed
The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High Court set it aside, ho…
V.SREENIVASA REDDY AND ORS.versusGOVT. OF A.P. AND ORS.
1994 INSC 4415 October 1994Dismissed
The appellants were temporarily appointed as Assistant Executive Engineers under Rule 10(a)(i)(1) of the Andhra Pradesh Service Rules in 1980 and later regularised in 1984. The PSC candidates, selected through direct recruitment in 1981, were appointed to the same service in May 1984. The dispute centered on whether th…
STATE OF KARNATAKAversusSRI K. VASUDEVA MAYYA AND ANR.
1994 INSC 4425 October 1994Dismissed
Respondents, senior officers of the Karnataka Administrative and Secretariat Services, retired at the statutory superannuation age of 55 and were immediately re‑employed on a contract basis under Rule 313(b) of the Karnataka Civil Services Rules, 1957. While they were in re‑employment, the State Government issued order…
M/S. SITARAM AND BROS.versusSTATE OF RAJASTHAN AND ORS.
1994 INSC 4445 October 1994Dismissed
The petitioners challenged the Rajasthan Excise Amendment Act, 1985, which added Section 17A and the class "Mollasses" to Section 41(2)(d) of the Rajasthan Excise Act, 1950, alleging that it conflicted with the central Mollasses Control Order, 1961 made under the Industries (Development and Regulation) Act, 1951. The S…
SELVARAJANversusMEENAKSHI AMMAL
1994 INSC 4455 October 1994Dismissed
The petitioner, an agriculturist, sought to have arrears of rent, which had been transformed into a debt by a decree against his father (who was a surety), scaled down under Section 19 of the Tamil Nadu Agriculturists Relief Act, 1938 (as amended 1973). The respondent argued that rent is expressly excluded from the def…
C. RAVICHANDRAN IYERversusJUSTICE A.M. BHATTACHARJEE
1995 INSC 5375 September 1995Disposed 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. Bhattacharjee, to resign an…
BADRI PRAKASH SONIversusPRAHALAD SONI AND ORS.
1994 INSC 3525 September 1994Disposed off
The dispute concerned possession of a property housing a Cork Splitting Machine. An Executive Magistrate, invoking Section 145(2) of the Criminal Procedure Code, could not determine which party was in possession and therefore attached the property, directing the parties to resolve their rights in a civil court. While a…
GABRIEL SAVER FERNANDES AND ORS.versusTHE STATE OF KARNATAKA AND ORS.
1994 INSC 3535 September 1994Dismissed
The appellants, who were Village Assistants without SSLC qualifications, challenged the pay scale disparity with Talatis who possessed SSLC qualifications, arguing that the distinction violated Articles 14 and 39(d) of the Constitution. They sought parity in the Rs. 90‑200 pay scale, contending that a High Court direct…
STATE OF U.P. AND ANR.versusBIHARI LAL
1994 INSC 3545 September 1994Disposed off
Bihari Lal, an Assistant Commissioner in the Uttar Pradesh Sales Tax Department, was compulsorily retired under Rule 56(j) of the Fundamental Rules on the ground of persistent adverse remarks and being classified as an officer of a bad category. He challenged the order in the Allahabad High Court, which quashed the ret…
GOVERNMENT OF A.P. AND ANR.versusY. SAGARESWARA RAO
1994 INSC 3555 September 1994Dismissed
The Andhra Pradesh government reorganised the Panchayat Raj system and framed Adhoc Rules (1989) for appointing Mandal Development Officers (MDO) by transfer of Superintendents, Divisional Panchayat Officers and Extension Officers. The respondent, a Veterinary Assistant Surgeon (Extension Officer), claimed that, like B…
PUNJAB STATE ELECTRICITY BOARD AND ANR.versusV.N.SHARMA
1994 INSC 3565 September 1994Disposed off
The Punjab State Electricity Board (Revised Pay) Regulations, 1988 came into force on 1 January 1988, providing that a promotion after that date would attract a benefit of two advance increments under Regulation 8. The respondent, V.N. Sharma, had been promoted before the regulations were issued and claimed the two inc…
DARSHAN SINGH AND ORS.versusGURDEV SINGH
1994 INSC 3575 September 1994Disposed off
The respondent, Gurdev Singh, was a minor when his father died and attained majority on 17 April 1977. He filed a suit for possession of immovable property on 4 November 1982, invoking Article 65 of the Schedule to the Limitation Act, 1963, which provides a 12‑year limitation period. The appellant, Darshan Singh, conte…
INDORE DEVELOPMENT AUTHORITYversusSMT. SATYABHAMA BA! AND ORS. ETC.
1996 INSC 8195 August 1996Appeal(s) allowed
The Indore Development Authority acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs. 44,000 per hectare. The claimants later obtained enhanced compensation from the civil court and the High Court, the latter relying on certified copies of sale deeds marked under Section 51-A of the Act. T…
MOHAMMAD KHA,LILversusKAMARUDDIN
1996 INSC 8215 August 1996Appeal(s) allowed
The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the scheduled hearing dat…
INDORE DEVELOPMENT AUTHORITYversusSHRI BALAKRISHNA AND ORS.
1996 INSC 8225 August 1996Appeal(s) allowed
The Indore Development Authority sought to acquire 4.85 acres of land under Town Improvement Scheme No. 54 framed under the Madhya Pradesh Town Improvement Trust Act, 1960. The Government sanctioned the scheme and a notification under Section 71(2) of the Act was published on 22 August 1973, which, according to the Sup…
SRI CHOWDEGOWDA @ DORJI (DEAD) BY LRS. AND ORS.versusC. NEGARAJU AND ORS.
1996 INSC 8235 August 1996Appeal(s) allowed
The appellant, Sri Chowdegowda, claimed to be the legitimate son of the deceased, Machine Chowdegowda, and sought his share in a partition of ten acres of wet land, five point three acres of dry land and thirty gunthas of house site. The dispute centered on whether a customary Kuduvali marriage that allegedly took plac…
BHARAT COKING COAL LTD. AND ORS.versusBABULAL AND ANR. ETC.
1996 INSC 8245 August 1996Disposed off
The case arose from a fatal roof collapse in the South Govindpur Colliery on 30 June 1989, which killed five miners and injured two. The senior mining engineer, Babular, and the manager, Maheshwari Sharma, were alleged to have been absent and to have failed to take safety precautions, leading a fact‑finding committee t…
RAMESHWAR DUBEY AND ORS.versusMASOMAT ASHA KAUR AND ORS.
1996 INSC 8255 August 1996Dismissed
Rameshwar Dubey and others filed a suit on 15 February 1973 under Section 31 of the Specific Relief Act seeking declaration that two sale deeds (dated 12 July 1966 and 14 December 1970) were void because fraud had been perpetrated on the plaintiff. The trial court and the Patna High Court held that the fraud rendered t…
SUKALU RAM GONDversusSTATE OF MP AND ORS.
1994 INSC 3005 August 1994Disposed off
In a criminal petition, the parties consented to refer a dispute between the petitioner and Respondent No.3 to an arbitrator, limiting the reference to those two parties. The arbitrator, however, issued an award holding Respondent No.5 liable for a sum, despite Respondent No.5 not being a party to the reference. Respon…
THE AGRICULTURE PRODUCE MARKET COMMITTEE, GONDAL AND ORS.versusSHRI GIRDHARBHAI RAMJIBHAI CHHANIYARA AND ORS.
1997 INSC 4745 May 1997Appeal(s) allowed
The Gujarat Agricultural Produce Market Committee advertised allotment of shops in a new market yard under the Gujarat Agricultural Produce Markets Act, 1963. Two respondents filed a suit seeking a perpetual injunction to restrain the Committee from making any allotments, and an interim injunction was granted by the tr…
TATA ENGINEERING AND LOCOMOTIVE CO. LTD. AND ANR.versusGAJANAN Y. MANDREKAR
1997 INSC 4755 May 1997Appeal(s) allowed
The petitioner, G. Y. Mandrekar, purchased a commercial tipper truck from Tata Engineering and Locomotive Co. Ltd. and, after running it for about 9,000 km, discovered several defects including worn tyres, improperly fixed front axle pins, and excessive vibration. Despite repeated complaints and repairs, the defects pe…
Y ALAMANCHI RANGA RAO AND ORS. ETC.versusSTATE OF ORISSA AND ORS.
1997 INSC 4765 May 1997Appeal(s) allowed
The appellants' land was acquired under a notification of the Land Acquisition Act, 1894. After the original award, a reference court enhanced compensation for similar lands, and the appellants filed a Section 28‑A reference within three months, which remained pending. The High Court later further enhanced compensation…
ASHIS KUMAR HAZRAversusRUBI PARK CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.
1997 INSC 4775 May 1997Dismissed
Ashis Kumar Hazra filed a suit against Rubi Park Co-operative Housing Society Ltd. after a notice for arbitration was issued on 26 October 1974 under Section 95(3) of the West Bengal Co-operative Societies Act, 1983, which requires a claim to be laid within two months. The suit was filed on 10 September 1975, and the H…
STATE OF KERALA AND ORS.versusM. BHASKARAN PILLAI AND ANR.
1997 INSC 4785 May 1997Dismissed
In 1952, 1.94 acres of land were acquired under the Land Acquisition Act, 1894 for a national highway, of which only 80% was used. The remaining land was sold by the Government in 1979 to the former owner at the compensation rate, an action challenged by writ petitions. The Government relied on an executive order for t…
LOKSHIKSHAN PRASARAK MANDAL AND ANR.versusRAJENDRA KUMAR AJABRAO MAHALLE AND ORS.
1997 INSC 4795 May 1997Appeal(s) allowed
The respondent was appointed by the Maharashtra Education Department for a one‑year term ending with an automatic termination clause. No appointment was made for the following year because the State Government did not sanction any grant‑in‑aid positions. The respondent appealed to the Tribunal for continuation of servi…
THE STATE OF PUNJAB AND ORS.versusBAKHSHISH SINGH
1997 INSC 4805 May 1997Appeal(s) allowed
The respondent, Constable Bakhshish Singh, was absent from duty without leave from November 7, 1986 to March 1, 1988, leading to disciplinary proceedings that resulted in his dismissal. The trial court dismissed the suit filed by the constable, and the first appellate court remanded the matter for reconsideration of th…
R. V ARADARAJANversusTHIRUMANGAI NAIDU AND ORS.
1997 INSC 4815 May 1997Dismissed
The appellant, R. Varadarajan, sought a notice on the limited question of compensation for a building, asserting he was in possession. The respondents countered that the appellant had let the building to Jasmine Electricals and that they were in possession. The appellant admitted letting the premises from 1993, contrad…
G.B. PANT AGRICULTURAL AND TECHNOLOGY UNIVERSITYversusKESHO RAM
1994 INSC 1935 May 1994
Kesho Ram was appointed as a temporary Assistant Block Superintendent at G.B. Pant Agricultural & Technology University in 1972 with a contract allowing termination on one month's notice. He was dismissed in 1976 for irregular attendance without a prior inquiry, and he sued for a declaration that the termination was il…
STATE OF M.P.versusSH. L.P. TIW ARI
1994 INSC 1945 May 1994Appeal(s) allowed
The State of Madhya Pradesh suspended Executive Engineer L.P. Tiwari on 24 April 1990 and framed a charge‑sheet on 5 July 1990, but the charge‑sheet was not served until after the 90‑day period prescribed by Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 because the respond…
COMMISSIONER, FOOD AND CIVIL SUPPLIES,LUCKNOW, U.P. AND ANOTHERversusPRAKASH CHANDRA SAXENA AND ANOTHER
1994 INSC 1955 May 1994
The Commissioner of Food and Civil Supplies terminated the services of Prakash Chandra Saxena, a temporary government servant of nearly 20 years, by a non‑speaking order without conducting any enquiry. The Service Tribunal held that such termination amounted to punishment and violated Article 311(2) of the Constitution…
AJAY AGARWALversusUNION OF INDIA AND ORS
1993 INSC 1815 May 1993Dismissed
The appellant, an NRI businessman, was charged with criminal conspiracy, cheating and forgery for a scheme hatched in Chandigarh that involved the issuance of foreign letters of credit and forged shipping documents in Dubai, resulting in a loss to Punjab National Bank. The trial court discharged the accused on the grou…
REGIONAL DIRECTOR, E.S.I. CORPN. AND ANR.versusFRANCIS DE COSTA AND ANR.
1992 INSC 1485 May 1992Matter referred to larger bench
The employee of J&P Coats was struck by his employer's lorry while riding his bicycle on a public road 1 km from the factory, fifteen minutes before his shift began. He claimed disability benefits under the Employees' State Insurance Act, arguing that the injury occurred in the course of his employment. The corporation…
UNION OF INDIA AND ANR.versusDISTRICT JUDGE, UDHAMPUR AND ORS.
1994 INSC 1425 April 1994Appeal(s) allowed
The Union of India sought compensation for land requisitioned by the State of Jammu & Kashmir for an air‑field extension. The competent authority fixed market value, solatium and interest, but the local officer required approval of the Union of India, which was never obtained. The Union invoked Section 8 of the Jammu &…
NANDYAL CO-OP. SPINNING MILLS LTD ..versusK.V. MOHAN RAO
1993 INSC 855 March 1993Dismissed
The respondent, K.V. Mohan Rao, entered into a building contract with Nandyal Co‑Op Spinning Mills Ltd. that contained a clause mandating that all disputes be referred to a sole arbitrator appointed by the owner’s Administrative Head, with no objection to the arbitrator being the owner’s representative. After the Admin…
PITAMBAR HEMLAL BADGUJAR (DEAD) BY LRS. AND ORS.versusSUB-DIVISIONAL OFFICER, DHULE AND ANR.
1996 INSC 1825 February 1996Dismissed
The appellants, heirs of the deceased Pitambar Hemlal Badgujar, challenged the compensation awarded by the Sub‑Divisional Officer for two parcels of land acquired under the Land Acquisition Act, 1894 for a market committee. The acquisition notifications dated 30 October 1965 and 11 March 1971 resulted in compensation f…
M.C. DHINGRAversusUNION OF INDIA AND ORS.
1996 INSC 1835 February 1996Appeal(s) allowed
M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but limited them to employees…
L. RAJAIAHversusINSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.
1996 INSC 1845 February 1996Disposed off
The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant was passed over in f…
STATE OF BIHAR AND ORS.versusCHHANGUR PRASAD SETH
1996 INSC 1855 February 1996Appeal(s) allowed
Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession certificate and claimed …
STATE OF ORISSAversusRAJAKISHORE DAS
1996 INSC 1865 February 1996Appeal(s) allowed
The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After the acquisition awa…
RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANR.versusLADULAL MALI
1996 INSC 1875 February 1996Appeal(s) allowed
The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. Mali then filed an e…
CENTRAL BUREAU OF INVESTIGATIONversusNAZIR AHMED SHEIKH
1996 INSC 245 January 1996Appeal(s) allowed
Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year limitation prescribed under S…
ASTEKAAR NAGANAATHA RAO AND ORS. ETC.versusTHE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER AND ORS. ETC.
1996 INSC 255 January 1996Appeal(s) allowed
Around 300 acres of agricultural land in Belgaum were requisitioned in 1942 for an Air Force station. The acquisition notification was issued only in 1983 and the Land Acquisition Officer fixed compensation at Rs.6,000 per acre, which the civil court enhanced to Rs.70,400 per acre using a hypothetical layout method. Th…
STATE OF KERALAversusM.K. KUNHIKANNAN NAMBIAR MANJERI MANIKOTH, NADUVIL (DEAD) AND ORS.
1995 INSC 8274 December 1995Appeal(s) allowed
The Kerala Land Board, under the Kerala Land Reforms Act, 1963, ordered the surrender of excess land held by the family of the deceased respondent. The respondent's sisters filed an impleadment application under Section 85(b) claiming tenancy, which the Board rejected; the High Court affirmed this rejection in C.R.P. 3…
COLLECTOR, LAND ACQUISITIONversusGANARAM DHOBA
1995 INSC 8284 December 1995Appeal(s) allowed
The State acquired certain agricultural land of the respondent under Section 4(1) of the Land Acquisition Act, 1894 in 1983 and made an award in 1987. The reference court fixed compensation based on the land's yield, applying a multiplier of 16, which the Orissa High Court affirmed. The State appealed, arguing that old…
P. VEERAPPAversusM.A. MOHAMMED AMANULLA
1995 INSC 8294 December 1995Dismissed
The appellant, a long‑time tenant, entered into a 1959 agreement with the landlord to purchase the premises and later compromised a suit for specific performance, agreeing to pay a higher consideration and arrears of rent. He failed to pay the consideration within the stipulated time, causing the agreement to lapse. Th…
UNION OF INDIA AND ANR.versusBABU SINGH AND ORS.
1995 INSC 8304 December 1995Appeal(s) allowed
The Union of India acquired about 1230.8 acres of land in Bhatinda, Punjab under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for defence purposes, and an arbitrator determined compensation in an award dated 19 January 1985. The landowners filed a writ petition in the Punjab & Haryana…
HARI PADA KHANversusUNION OF INDIA AND ORS.
1995 INSC 8314 December 1995Dismissed
Haripada Khan, a permanent workman of Indian Oil Corporation, was arrested in connection with a theft of oil and subsequently dismissed under Standing Order No.20‑IV, which permits dismissal without a disciplinary enquiry if the employee is convicted or the General Manager is satisfied that continuation is not expedien…
GYAN CHANDversusUNION OF INDIA AND ORS.
1995 INSC 8324 December 1995Dismissed
Gyan Chand, a Group B railway officer, was compulsorily retired under Rule 1802 of the Railway Establishment Code. He contended that, because he had not been formally confirmed on the Group B post and was therefore still on probation, the proviso to Rule 1802 should allow him to revert to his substantive Group C post. …
HARYANA STATE ELECTRICITY BOARDversusSURASTI DEVI
1995 INSC 8334 December 1995Appeal(s) allowed
The Haryana State Electricity Board appealed a High Court decision that had granted a family pension to Surasti Devi, the mother of a deceased government employee, based on Rule 8.35 of the Punjab Civil Services Rules. The Supreme Court examined whether the mother qualified as a dependent under the Family Pension Schem…
NEW REVIERA CO-OP. HOUSING SOCIETYversusSPECIAL LAND ACQUISITION OFFICER
1995 INSC 8344 December 1995Dismissed
The New Riviera Co‑op Housing Society appealed against the Special Land Acquisition Officer after the land on which its flats stood was acquired for a public purpose under the Land Acquisition Act, 1894. An award was made and compensation of Rs.13,11,299 was paid, but the society filed a reference under Section 18 disp…
STATE OF HARYANA AND ANR.versusDHAN SINGH
1995 INSC 8354 December 1995Appeal(s) allowed
The State of Haryana appealed a Punjab & Haryana High Court order that had directed the appointment of the brother of a government employee who died while in service on compassionate grounds. The High Court had held the brother eligible for appointment. The Supreme Court examined Rule 6.16‑B(a) of the Punjab Civil Serv…
RAJ KUMAR KARANWALversusTHE COMMISSIONER AND ANR.
1996 INSC 12754 November 1996Dismissed
The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease for the same amount,…
UNION OF INDIA AND ORS.versusMAJOR R.N. MATHUR
1996 INSC 12764 November 1996Appeal(s) allowed
Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the appointment letter and …
UNION OF INDIAversusK.R. THAMPI
1996 INSC 12774 November 1996Appeal(s) allowed
The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an Administrative Officer. Th…
UNION OF INDIA AND ORS.versusSITARAM SHIVHANDRAI GARODIA AND ANR.
1996 INSC 12784 November 1996Disposed off
The Union of India sought to acquire 130 acres 19 guntas of land in Survey No. 249 for a railway project under the Land Acquisition Act, 1894. The railway later withdrew its proposal, and the respondents challenged the acquisition, arguing that the earlier High Court had set aside eviction proceedings and that they wer…
SOWRASHTRA VIPRA SABHAversusTHE NAMAKKAL MUNICIPALITY AND ANR.
1996 INSC 12794 November 1996Dismissed
The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of encumbrances. Lower courts h…
TAMIL NADU HOUSING BOARD AND ANR.versusP. PARTHASARATHI
1996 INSC 11444 October 1996Appeal(s) allowed
The respondent applied for allotment of a plot from the Tamil Nadu Housing Board in 1987, paid the required amount, but the plot was later converted into a public road and thus unavailable. After years of inactivity, the Board offered another plot on the condition that the respondent certify he owned no flat or plot, w…
THE DEPUTY INSPECTOR GENERAL OF POLICEversusK.S. SWAMINATHAN
1996 INSC 11454 October 1996Appeal(s) allowed
The respondent, then an Inspector of Police, was named in a charge memo alleging misconduct after a raid uncovered material linking him to illegal payments. He challenged the memo before the Tamil Nadu Administrative Tribunal, which set it aside on the ground that the charges were vague. The Supreme Court examined whet…
DELHI ADMINISTRATION THROUGH ITS CHIEF SECRETARY AND ORS.versusSUSHIL KUMAR
1996 INSC 11464 October 1996Appeal(s) allowed
The respondent, Sushil Kumar, applied for recruitment as a constable in the Delhi Police in 1989‑90 and was provisionally selected pending verification of his character and antecedents. The verification revealed antecedent records that the appointing authority deemed unsuitable, and his provisional selection was cancel…
UNION OF INDIA AND ORS.versusPRAVEEN GUPTA AND ORS.
1996 INSC 11474 October 1996Appeal(s) allowed
The Union of India sought to acquire two bighas of land in Siraspur and Libaspur for shifting the timber market under the Delhi Master Plan 2001. The acquisition was effected by a notification under Section 4(1) of the Land Acquisition Act, 1894, with the enquiry under Section 5A dispensed with by invoking the urgency …
JANAKI S. MENON AND ORS.versusDR. V.R.S. KRISHANAN AND ORS.
1996 INSC 11484 October 1996Dismissed
The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser sought extensions and wit…
BABUA RAMversusSTATE OF U.P.
1994 INSC 4374 October 1994Disposed off
The case concerned the interpretation of Section 28A of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act, particularly its prospective operation, the definition of “aggrieved person”, the computation of the three‑month limitation period, and whether awards of higher compensation by civil courts or ap…
BHANWAR LALversusSATYANARAIN AND ANR.
1994 INSC 4314 October 1994Appeal(s) allowed
The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court directed him to file…
KONDIRAM BIKHU KIRDATversusKRISHNA BIKHU KIRDAT
1994 INSC 4324 October 1994Case Partly allowed
The appellant Kondiba and the plaintiff Krishna, brothers belonging to a Hindu joint family, filed a suit for partition of several properties. The trial court limited the decree to two items, while the appellate court ordered partition of all suit properties subject to the appellant contributing half the price of three…
KHUSHAL CHAND SWARUP CHAND ZABAK JAINversusSURESH CHANDRA KANHIYALAL KOCHAR AND ANR.
1994 INSC 4334 October 1994Dismissed
Raja Bai executed a registered gift deed on 20 June 1957 in favour of Suresh Chandra, retaining possession and enjoyment of the property for her lifetime. She later executed a registered will on 27 December 1965 bequeathing the same property to the appellant. After her death in May 1966, the appellant sued for declarat…
REVAPPA GURUSIDDAPPAversusTHAKUBAI MADHAVARAO PATIL AND ORS.
1996 INSC 9964 September 1996Dismissed
The first respondent entered into an agreement on 11 March 1983 to purchase 3 acres 28 gunthas of land for Rs.12,000, paying Rs.2,000 as earnest money. The petitioner‑second defendant subsequently bought the same land on 8 July 1983 for Rs.6,000 and registered the sale deed. The first respondent sued for specific perfo…
E. RAMAKRISHNAN AND ORS.versusTHE STATE OF KERALA AND ORS.
1996 INSC 9974 September 1996Dismissed
The petitioners, appointed as ad‑hoc field workers in Kerala's Filaria Department between 1981 and 1985, sought regularisation of their services after more than fourteen years. The Kerala High Court dismissed their writ petitions and directed the government to fill thirty vacancies through the Public Service Commission…
SHYAM BAHADUR TRIPATHIversusU.P. STATE PUBLIC SERVICES TRIBUNAL AND ORS.
1996 INSC 9984 September 1996Dismissed
Shyam Bahadur Tripathi, a conductor with the U.P. Road Transport Corporation, was charged with misconduct for failing to issue tickets to 34 of 53 passengers on a bus. An enquiry was ordered, a charge‑sheet was served, and after a show‑cause notice and his explanation, he was removed from service on 8 December 1989, a …
SHROMANI GURDWARA PRABHANDAK COMMITTEEversusJASWANT SINGH
1996 INSC 9994 September 1996Dismissed
The respondent, Jaswant Singh, filed a suit seeking declaration of title and possession of a parcel of land. The petitioner, Shromani Gurudwara Prabandhak Committee, initially denied any title of the alleged owner, Isher Singh, in its first written statement. After trial, the petitioner sought to amend its written stat…
DR. S.K. KACKERversusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.
1996 INSC 10004 September 1996Dismissed
Dr. S.K. Kacker, a Professor and Head of the ENT Department at AIIMS, was appointed Director of the Institute for a five‑year tenure (Oct 1990‑Oct 1995). After his tenure ended, he filed a writ petition seeking to revert to his earlier post until his superannuation in July 1998. The Delhi High Court held that he could …
MUNICIPAL BOARD, HAPUR ETC.versusJASSA SINGH AND ORS. ETC.
1996 INSC 10014 September 1996Appeal(s) allowed
The Municipal Board of Hapur had set up a bus stand and, by resolution, increased the daily fee for its use from Rs 0.50 to Rs 0.75. Transport operators (the respondents) challenged the fee, arguing that the municipality lacked authority to levy it and that the increase was ultra vires. The Allahabad High Court struck …
DHARAMVIRversusSTATE OF U.P. AND ORS.
1995 INSC 5354 September 1995Disposed 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 payment. The Distric…
BRIGHU NATH SAHAY SINGH AND ORS.versusMD. KHALILUR RAHMAN AND ORS.
1995 INSC 5364 September 1995Dismissed
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 the State because th…
DISTRICT PRIMARY EDUCATION OFFICER, MAHSANA ETC. ETC.versusVIDOTEJAK MANDAL AND ORS. ETC.
1995 INSC 4424 August 1995Appeal(s) allowed
The appellant, a District Primary Education Officer, appealed against a Gujarat High Court order that had directed the grant of aid for a clerk and a peon to a trust running a single primary school. The trust claimed that under Rule 115(3) of the Bombay Primary Education Act, 1949, institutions operating more than one …
DEVKARAN NENSHI TANNA (DEAD) BY LRS.versusMANHARLAL NENSHI AND ANR.
1994 INSC 2284 July 1994Dismissed
The landlord filed a suit for arrears of rent, and the tenant filed an application under section 11 of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 for determination of the standard rent. The rent was fixed on a compromise and the application was dismissed as withdrawn. The landlord later obtained a …
JAINULABUDEEN AND ORS.versusTHE GOVT. OF TAMIL NADU AND ORS.
1994 INSC 1904 May 1994Appeal(s) allowed
The State of Tamil Nadu issued a notification under the Land Acquisition Act, 1894 to acquire land for establishing a taluk office, sub‑treasury and a college of music. The petitioners challenged the acquisition, arguing that the proposed public purpose was no longer required and that suitable land nearer to the intend…
K. PERIASANIversusSUB-TEHSILDAR (LAND ACQUISITION)
1994 INSC 1914 May 1994
The appellant, a landowner, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894 for a housing scheme. The acquisition officer had initially fixed the market value at Rs. 92 per cent, which the civil court enhanced to Rs. 800 per cent on reference under Section 18. The High Court a…
FOREST RANGE OFFICER AND ORS.versusP.MOHAMMED ALI AND ORS.
1993 INSC 1794 May 1993Case Partly allowed
The State initiated criminal proceedings under the Kerala Forest Act, 1961 against P. Mohammed Ali and others for manufacturing and possessing sandalwood oil. The accused contended that sandalwood oil is not "wood oil" as defined in Section 2(f)(i) of the Act and therefore the trial court lacked jurisdiction. The Supre…
SRIKANTA DATTA NARASIMHARAJA WODIYARversusENFORCEMENT OFFICER, MYSORE
1993 INSC 1804 May 1993Dismissed
The appellant, a director of Ideal Jawa (India) Ltd., was charged under Section 14A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 for failing to deposit EPF contributions for October‑December 1990. He contended that, as merely a director and not the occupier or manager, he was not an "employe…
THE LAND ACQUISITION OFFICERversusSHIVABAI AND ORS.
1997 INSC 3714 April 1997Leave Granted & Allowed
The case concerned land acquired under the Land Acquisition Act, 1894 for the Sriram Sagar Project. After the award of compensation was made on 22 November 1965, the claimants received the payment without protest. They later filed a writ petition alleging that a reference under Section 18 of the Act had not been made a…
DHANNA SINGH AND ORS.versusBALJINDER KAUR AND ORS.
1997 INSC 3724 April 1997Leave Granted & Dismissed
The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser from the first defend…
THE STATE OF WEST BENGAL AND ANR.versusARUN KUMAR BASU AND ANR.
1997 INSC 3734 April 1997Leave Granted & Allowed
The respondents, liquidators of the former West Bengal Provincial Company Ltd., challenged the State's acquisition of about 30 miles of land for a railway line, arguing that the vesting under the West Bengal Estates Acquisition Act, 1953 did not apply to non‑agricultural land and that the Collector's failure to take po…
THE STATE OF BIHAR AND ORS.versusSYED ASAD RAZA AND ORS.
1997 INSC 3744 April 1997Leave Granted & Dismissed
Maulana Azad College, Ranchi, a minority institution, had entered into a 1972 agreement that no new posts could be created without the Vice‑Chancellor’s prior permission. After the Bihar State Universities Act, 1976 came into force, the college created a post and appointed Syed Asad Raza in 1979. The issue was whether …
L.N. VENKATESANversusTHE STATE OF TAMIL NADU AND ORS.
1997 INSC 3754 April 1997Dismissed
The petitioner, L.N. Venkatesan, challenged land acquisition proceedings that began with a notification under Section 4(1) of the Land Acquisition Act, 1894 (published 11‑June‑1975) and a declaration under Section 6 (published 3‑March‑1978). He obtained interim court orders in 1982 and 1986 that restrained the Land Acq…
SHRI SURESH CHANDRAversusSHRI J.B. AGARWAL AND ORS.
1997 INSC 3764 April 1997Leave Granted & Allowed
The appellant, Suresh Chandra, an Assistant Manager (Electrical), sought promotion to the solitary Senior Manager (Electrical) post using the rule of roster (reservation) for Scheduled Castes and Scheduled Tribes. The respondents filed a writ petition contending that reservation could not be applied to a single‑post ca…
BHIM SINGH, PRESIDENT JAMMU AND KASHMIR PANTHERS PARTYversusTHE ELECTION COMMISSIONER OF INDIA AND ANR.
1996 INSC 4864 April 1996Disposed off
The petition was filed by Bhim Singh, President of the Jammu & Kashmir Panthers Party, seeking a declaration that Section 30(d) of the Representation of the People Act, 1951, which allows the Election Commission to fix poll dates without specifying a maximum interval after withdrawal of nominations, violates Article 14…
BHARAT BUILDERS (PVT.) LTD. AND ORS.versusPARIJAT FLAT OWNERS CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.
1996 INSC 4884 April 1996Disposed off
The Bombay High Court entertained a procedural application to list a civil appeal (No. 7032 of 1996) together with writ petitions filed under Articles 226 and 227 of the Constitution. The appeal arose from a decree for specific performance in suit No. 869/92 against Bharat Builders and others. Counsel for the responden…
NARENDRA KUMAR CHANDLAversusSTATE OF HARYANA AND ORS.
1994 INSC 494 February 1994
N.K. Chandla, a Sub‑Station Assistant in the Haryana State Electricity Board, lost his right arm due to cancer and could no longer perform technical duties. The Board reassigned him as a Carrier Attendant with a lower pay scale, which he contested. The Supreme Court ordered a medical board to assess his capability; the…
MRS. VALSAMMA PAUL ETC.versusCOCHIN UNIVERSITY AND ORS. ETC.
1996 INSC 164 January 1996Dismissed
The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled to reservation benefi…
TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS JT. SECRETARY MR. NITIN THAKKARversusTHE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.
1996 INSC 174 January 1996Disposed off
The Textile Processors' Association filed a Special Leave Petition before the Supreme Court challenging a Gujarat High Court order that directed its member industries to pay 1% of their gross turnover towards pollution control, despite many of the industries not yet being operational and incurring losses. The petition …
RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.
1996 INSC 184 January 1996Dismissed
The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the proceedings. On appeal, th…
OMKAR NAMDEO JADHAO AND ORS.versusSECOND ADDITIONAL SESSIONS JUDGE BULDANA AND ANR.
1996 INSC 194 January 1996Appeal(s) allowed
The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC and on the physical …
PRAMLLAversusRAMESHWAR AND ANR.
1995 INSC 6863 November 1995Disposed 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 each month. The Cou…
JAIPUR DEVELOPMENT AUTHORITY, JAIPURversusCHILDREN'S ACADEMY, JAIPUR AND ANR.
1995 INSC 6873 November 1995Appeal(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 same terms, which the A…
VIJAY SINGH DEORA ETC. ETC.versusSTATE OF RAJASTHAN AND ANR. ETC. ETC.
1996 INSC 11403 October 1996Disposed off
The Supreme Court examined the method for fixing inter se seniority among three categories of officers (Group A, B and C) in the Rajasthan Engineering Subordinate Service (Irrigation Branch) for promotion to Assistant Engineer. Group A officers were temporarily appointed before 30 June 1978, while Group B and C officer…
K. PADMARAJU @ PADMANABHA RAJU AND ORS.versusTHE SENIOR REGIONAL MANAGER, F.C.L. HYDERABAD AND ORS.
1996 INSC 9913 September 1996Appeal(s) allowed
The Supreme Court examined the compensation payable for the acquisition of 33 acres 84 cents of agricultural land in West Godavari district for FCI godowns. The Land Acquisition Officer had fixed Rs 32,500 per acre, which was enhanced by a Subordinate Judge to Rs 90,000 per acre, a decision later set aside by the Andhr…