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K RAMASWAMY

1805 judgments · newest first · showing 1601–1800

SMT. SOORAJ AND ORS.versusS.D.O. AND ORS.

1994 INSC 538Dismissed

Ratan Singh, a Bhoomidar, died leaving 41.49 acres of agricultural land. Under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, the Sub‑Divisional Officer limited the widow's share to 10.38 acres and declared the remainder surplus. The major daughters (appellants) filed a civil suit …

STATE OF GUJARATversusC.G. RAIYANI

1994 INSC 529Appeal(s) allowed

The respondent was initially appointed as a Junior Engineer on an adhoc basis in May 1969 and later selected for regular appointment by the Panchayat Services Selection Board, with regularisation intended to be effective from July 15, 1972. After a provisional promotion in 1978, a common seniority …

DIRECTOR OF EDUCATION AND ORS.versusGAJADHAR PRASAD VERMA

1994 INSC 530Appeal(s) allowed

The respondent, G.P. Verma, was appointed as a clerk in a private aided school during a leave vacancy and the Managing Committee resolved to retain him even after the vacancy ended. The school sought reimbursement of his salary from the Government under the U.P. High Schools and Intermediate …

P.N. KRISHNA LAL AND ORS. ETC. ETC.versusGOVT. OF KERALA AND ANR. ETC. ETC.

1994 INSC 524

The appellants, licensees of arrack and foreign liquor shops, were convicted under sections 57A and 57B of the Kerala Abkari Act (as amended in 1984) for mixing or permitting the mixing of noxious substances such as methanol with liquor, or for failing to take reasonable precautions, and for …

UNION OF INDIA AND ORS.versusKARNAIL SINGH AND ORS.

1994 INSC 525

The Union of India appealed against the High Court’s order granting additional statutory benefits to landowners whose lands in Bhatinda district had been acquired. The original award by the Collector under Section 11 of the Land Acquisition Act was later enhanced by civil courts, but the owners …

BIBIJAN AND ORS.versusMURLIDHAR AND ORS.

1994 INSC 519Dismissed

The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed …

MAROTIversusTULSIRAM AND ANR

1994 INSC 520

The Managing Trustee of Hanuman Deosthan filed a civil suit for possession of a property, alleging that the plaintiff Trust was the owner. The defendant appealed, claiming he had purchased the property from a predecessor and was therefore the owner. During cross‑examination and before municipal …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusA.V. VENUGOPALA RAO

1994 INSC 516

The Government of Andhra Pradesh had, pending the finalisation of a seniority list for promotion to Executive Engineer, appointed the senior-most officers in the provisional list as In‑charge to avoid administrative hardship. The Andhra Pradesh Administrative Tribunal later revoked these interim …

STATE OF HARYANA AND ANR.versusRAGHUBIR DAYAL

1994 INSC 511Appeal(s) allowed

The State of Haryana appealed a High Court order that had set aside a land acquisition on the ground that the substance of the notification under Section 4(1) and the declaration under Section 6 of the Land Acquisition Act, 1894, were not published in the locality. The Supreme Court examined whether …

DR. GANGA PRASAD VERMA ETC.versusSTTE OF BIHAR AND ORS. ETC.

1994 INSC 512Dismissed

Dr. Ganga Prasad Verma, an Assistant Professor, was promoted to Associate Professor in Neuro‑Surgery, a promotion challenged on the ground that he lacked the M.Ch. qualification required for the post. The High Court set aside the promotion and ordered a fresh consideration in light of the Supreme …

COMMITTEE OF MANAGEMENTversusSHAMBU SARAN PANDEY AND ORS.

1994 INSC 499Disposed off

The Principal of a university institution was charged with misappropriating funds and served with a charge‑sheet. He requested inspection of the documents referred to in the charge‑sheet, but the enquiry officer postponed inspection until the final hearing, which the Court held to be a procedural …

SARAT KUMAR DASH AND ORS.versusBISWAJIT PATNAIK AND ORS.

1994 INSC 495Appeal(s) allowed

The case concerned the promotion of Drug Inspectors to Assistant Drugs Controller posts. The Government, lacking statutory rules, adopted the principle of "merit‑cum‑suitability with due regard to seniority" and asked the Public Service Commission (PSC) to evaluate candidates using an objective …

LAND ACQUISITION OFFICER, ELURU ETC.versusSMT. JASTI ROHINI AND ANR. ETC.

1994 INSC 496Appeal(s) allowed

The State acquired 9.47 acres in 1983 and 14.10 acres in 1985 near Eluru for house sites for the poor. The Land Acquisition Officer fixed compensation at Rs 40,000 per acre, but the reference court and the Andhra Pradesh High Court enhanced the market value to Rs 150 per square yard based on the …

ANIL KUMAR SINGHversusSHIVNA TH MISHRA @ GADASU GURU

1994 INSC 485Dismissed

Daulat Singh filed a suit for specific performance of a land sale; he died and his son continued as legal representative. The plaintiff sought to amend the plaint to implead Shivnath Mishra, alleging Mishra had become a co‑owner of the land by a decree under the U.P. Zamindari Abolition and Land …

SMT. RAMTI DEVIversusUNION OF INDIA

1994 INSC 477Dismissed

Ramti Devi filed a suit on 30 July 1966 seeking a declaration that she was the absolute owner of a house and that the sale deed dated 29 January 1947, by which the defendant had allegedly alienated the property, should be avoided or cancelled. The trial court dismissed the suit and the Delhi High …

K.S. PARIPOORNANversusSTATE OF KERALA AND ORS.

1994 INSC 478Case Partly allowed

The case concerned a land acquisition where the Collector’s award was made on 30 December 1980 and possession taken in early 1981. The civil court, on reference, enhanced the compensation on 28 February 1985 and the enhanced amount was deposited in 1986. The High Court confirmed the enhanced …

U.P. STATE INDUSTRIAL DEVELOMENT CORPORATION LTDversusSTATE OF U.P. AND ORS.

1994 INSC 470Appeal(s) allowed

The Collector of Uttar Pradesh passed awards determining compensation for land acquired by the U.P. State Industrial Development Corporation Ltd. Some claimants accepted the compensation, while others protested and obtained enhanced awards from the District Judge under Section 18 of the Land …

STATE OF U.P.versusU.P. GOVT. COUNSEL (CRL.) WELFARE ASSOCIATION

1994 INSC 462Appeal(s) allowed

The Allahabad High Court had held that the Uttar Pradesh government could not dispense with the services of its standing counsel, prompting the Governor to issue the Uttar Pradesh Government Litigation (Engagement of Counsel) Ordinance, 1991 to regulate counsel assignments and fees. The High Court …

PRAHLAD K. MODI AND ORS. (DEAD) BY LRS.versusSTATE OF GUJARAT

1994 INSC 464Dismissed

The appellants challenged the Gujarat High Court's finding that two acres of land in Sahikpur Bogha, Ahmedabad district, vested in the State under the Bombay Personal Inams Abolition Act, 1952. They argued that Section 5 allowed the inamdar to retain land used for building or non‑agricultural …

VAMAN PRABHU MAHAMBREversusMARIA ALCINA DE MENEZES E GONSALVES AND ORS.

1994 INSC 465Dismissed

The husband of the first respondent hypothecated his house and land in 1954 for a loan of Rs.12,500 and later migrated to Portugal. The property was declared evacuee under the Goa, Daman & Diu Administration of Evacuee Property Act, 1964 and was sold at public auction to the appellant, who obtained …

M/S NEW KENILWORTH HOTELS (P) LTD.versusASHOKA INDUSTRIES LTD. AND ORS.

1994 INSC 460Dismissed

Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial …

STATE OF MIZORAMversusBIAKCHHAWNA

1994 INSC 459Appeal(s) allowed

The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. …

U.P JAL NIGAM AND ANR.versusNARESHWAR SAHAI MATHUR AND ANR.

1994 INSC 450Appeal(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 …

STATE OF BIHAR AND ORS.versusBAGESHWARI PRASAD AND ANR.

1994 INSC 451Appeal(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 …

NOORDUDDINversusDR. K.L. ANAND

1994 INSC 452Appeal(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 …

V.SREENIVASA REDDY AND ORS.versusGOVT. OF A.P. AND ORS.

1994 INSC 441Dismissed

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 …

STATE OF KARNATAKAversusSRI K. VASUDEVA MAYYA AND ANR.

1994 INSC 442Dismissed

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 …

M/S. SITARAM AND BROS.versusSTATE OF RAJASTHAN AND ORS.

1994 INSC 444Dismissed

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 …

SELVARAJANversusMEENAKSHI AMMAL

1994 INSC 445Dismissed

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 …

BABUA RAMversusSTATE OF U.P.

1994 INSC 437Disposed 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 …

BHANWAR LALversusSATYANARAIN AND ANR.

1994 INSC 431Appeal(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 …

KONDIRAM BIKHU KIRDATversusKRISHNA BIKHU KIRDAT

1994 INSC 432Case 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 …

MUNICIPAL CORPORATION OF DELHIversusDY. COMMISSIONER OF POLICE (LICENCING) AND ANR.

1994 INSC 426Disposed off

The Supreme Court considered an appeal by the Municipal Corporation of Delhi (MCD) against the Dy. Commissioner of Police (Licensing) and others concerning the construction of a cinema building. The issue arose after an amendment to the Delhi Cinematograph Rules, 1981, which replaced the MCD with …

SULEKH CHAND AND SALEK CHANDversusCOMMISSIONER OF POLICE AND ORS.

1994 INSC 428Appeal(s) allowed

The appellants, police officers promoted from Assistant Sub‑Inspector to Sub‑Inspector, claimed that their promotion should be back‑dated to 1 October 1982. The respondents, the Commissioner of Police, denied the promotion on the ground that the officers had been charged under section 5(2) of the …

SHIVAPPA TAMMANNAPPA KARABANversusPARASAPPA HANAMMAPPA KURABAN AND ORS.

1994 INSC 412Dismissed

The appellant, a holder of a village office (Walikarki) under the Karnataka Village Offices Abolition Act, 1961, claimed exclusive ownership of land regranted to him after the abolition of the office. Upon partition, he received only one‑fifth of the property while the respondents, other members of …

SHYAM SUNDER DUTTAversusBAIKUNTHA NATH BANERJEE (DEAD) BY LRS. AND ORS.

1994 INSC 409Appeal(s) allowed

The appellant filed successive partition suits over property where a court‑appointed receiver (1933‑1941) had inducted the respondents as occupants. After the receiver’s discharge, the respondents claimed tenancy rights by adverse possession. The trial court and the appellate court found that the …

STATE OF MADHYA PRADESH AND ORS.versusM/S. KRISHNADAS TIKARAM

1994 INSC 410Appeal(s) allowed

The respondent was granted a mining lease in 1966 to extract limestone from a forest area, which expired in 1986. After the Forest Conservation Act, 1980 came into force, any grant or renewal of such a lease required prior approval of the Central Government under Section 2. The State Government …

SAHIB RAMversusTHE STATE OF HARAYANA AND ORS.

1994 INSC 399Appeal(s) allowed

Sahib Ram was appointed as a librarian in a government college in 1972 on a pay‑scale of Rs 220‑550. Following UGC recommendations, the Government of India upgraded the librarian pay‑scale to Rs 700‑1600, subject to a minimum educational qualification of first or second class M.A./M.Sc./M.Com. plus …

SMT. RAMA DUBEY (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1994 INSC 387Appeal(s) allowed

Two brothers, Gajadhar and Harjeet, gifted eleven plots of land to their niece, Smt. Rama Dube, by a registered deed in 1960, and Harjeet later bequeathed two additional plots to her by will. Rama initiated consolidation proceedings in 1971 to have her name entered in the land records; notice was …

CHAIRMAN, PURI GRAMYA BANK AND ANR.versusANANDA CHANDRA DAS AND ORS.

1994 INSC 384Disposed off

The Supreme Court heard an appeal by the Chairman of Puri Gramya Bank challenging the High Court's order that seniority among directly recruited managers should be based on the date of reporting to duty. The respondents had been selected by a Selection Board which prepared a merit list based on the …

MR. ASHOK KUMAR AND ORS.versusDELHI DEVELOPMENT AUTHORITY

1994 INSC 375Dismissed

The petitioners, Ashok Kumar and others, filed a writ petition under Article 32 of the Constitution seeking mandamus against the Delhi Development Authority, alleging that a letter dated 1 July 1994 required them to pay excess amounts for plots. The petition was filed after a prior order passed by …

STATE OF ORISSA AND ORS.versusJOY PRAKASH PANDA AND ANR.

1994 INSC 378Dismissed

The State of Orissa introduced a rehabilitation scheme on May 28, 1985, to provide appointment to a family member of a non‑government primary school teacher who dies or becomes permanently disabled while in service. The respondent's father, a teacher, was murdered on September 15, 1984, i.e., before …

NISAR AHMAD AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1994 INSC 379Dismissed

The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The …

SUKHPAL SINGH AND ORS.versusPUNJAB STATE AGRICULTURAL MARKETING BOARD AND ORS.

1994 INSC 365Dismissed

The Market Committee of Shri Hargobindpur Sahib appointed several persons to regular posts after a newspaper advertisement. The Punjab State Agricultural Marketing Board later reviewed and terminated those appointments. The terminated appointees filed a writ petition challenging the cancellation, …

SMT. RADHIKAversusAGHNU RAM MAHTO

1994 INSC 366Appeal(s) allowed

The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, …

STATE OF ANDHRA PRADESH AND ORS.versusM/S. ANUPAMA MINERALS ETC. ETC.

1994 INSC 368Appeal(s) allowed

The State of Andhra Pradesh and others granted mining leases to Mis. Anupama Minerals under Rule 31 of the A.P. Mining Rules, 1966. After the Forest Conservation Act, 1980 came into force, the respondents applied for renewal of the leases. The State Government refused renewal, invoking the …

STATE OF ORISSAversusDR. SIVASANKER LAL BAJORIA AND ANR.

1994 INSC 361Appeal(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 …

DALIP CHAND AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 362Appeal(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 …

KARNAIL SINGHversusTHE STATE OF PUNJAB AND ANR.

1994 INSC 363Appeal(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 …

BADRI PRAKASH SONIversusPRAHALAD SONI AND ORS.

1994 INSC 352Disposed 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 …

GABRIEL SAVER FERNANDES AND ORS.versusTHE STATE OF KARNATAKA AND ORS.

1994 INSC 353Dismissed

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 …

STATE OF U.P. AND ANR.versusBIHARI LAL

1994 INSC 354Disposed 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, …

GOVERNMENT OF A.P. AND ANR.versusY. SAGARESWARA RAO

1994 INSC 355Dismissed

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), …

PUNJAB STATE ELECTRICITY BOARD AND ANR.versusV.N.SHARMA

1994 INSC 356Disposed 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 …

DARSHAN SINGH AND ORS.versusGURDEV SINGH

1994 INSC 357Disposed 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, …

KUMARI MADHURI PATIL AND ANR.versusADDL. COMMLSSIONER, TRIBAL DEVELOPMENT AND ORS.

1994 INSC 348Dismissed

The appellants, sisters Suchita and Madhuri Patil, obtained caste certificates claiming they belonged to the Mahadeo Koli Scheduled Tribe and were admitted to medical and dental colleges on that basis. The Verification Committee, after examining ancestral, school and anthropological evidence, held …

D. KRISHNA MURTHY AND ANR.versusTHE STATE OF A.P. AND ORS.

1994 INSC 351Appeal(s) allowed

Venkatashwarlu, a senior assistant in the Hyderabad Water Works Department, was transferred to the Maneru Investigation Circle, promoted to Head Clerk (Superintendent) and gave an undertaking not to claim seniority in his parent department. He was later reverted to Senior Assistant; the reversion …

S. RAMACHANDRA RAJUversusSTATE OF ORISSA

1994 INSC 345

The appellant, a lecturer appointed in 1965, received a solitary adverse confidential report for the academic year 1987‑88, which he claimed was made in mala‑fide by the principal. He sought to have the remarks expunged, was promoted to Reader in 1991, but was compulsorily retired on 28 May 1991 …

SMT. SHANTI DEVI AND ORS.versusSTATE OF RAJASTHAN AND ORS .

1994 INSC 340Dismissed

The appellants challenged the acquisition of land under the Rajasthan Land Acquisition Act, claiming that a subsequent order dated 4 November 1985 had regularised the conversion of agricultural land to non‑agricultural use and vested title in them. They relied on this order, which was produced for …

M/S. KHADI AND VILLAGED SOAP INDUSTRIESversusSTATE OF HARYANA & OTHERS

1994 INSC 323Dismissed

The petitioners, M/s Khadi and Village Soap Industries, challenged a 1987 notification under Section 13(1) of the Haryana General Sales Tax Act, 1973 that granted a full sales‑tax exemption to the Khadi Ashram, Panipat and its centralized units, while limiting the exemption for other cooperative …

ESSKEY ROADWAYS (FIRM)versusANANDHAKRISHNAN BUS SERVICE

1994 INSC 326

The appellant and respondent both applied for a stage‑carriage permit. The Regional Transport Authority (RTA) awarded marks based on the date of application, granting the permit to the appellant. The respondent appealed, and the State Transport Appellate Tribunal (STAT) set aside the RTA’s order, …

BASHA AND ORS.versusKHAIRUNNESSA BIVI AND ORS.

1994 INSC 327

The plaintiffs, brothers, partitioned ancestral property by a deed dated 4 December 1952 and thereafter possessed their respective shares. The second plaintiff orally gifted one portion of his share to the first plaintiff. On 6 January 1968 the defendants trespassed, prompting the plaintiffs to file …

DR. BHANU PRAKASH SINGH AND ORS.versusTHE HARYANA AGRICULTURAL UNIVERSITY

1994 INSC 328Dismissed

Twenty‑eight lecturers of Haryana Agricultural University were selected in 1978 to pursue Ph.D. studies as in‑service candidates under a leave of kind. Due to a financial stringency, the university prohibited in‑service candidates from receiving full salary and allowances during the study period, …

MD. HABIBUL HAQUEversusUNION OF INDIA AND ORS.

1994 INSC 329

The appellant, a Preventive Officer Grade‑II, was penalised with a one‑year reduction in pay scale with cumulative effect and later promoted to Grade‑I effective 9 August 1974. He claimed seniority from the date he became eligible for fitment in Grade‑I, arguing that his junior was promoted on 29 …

P V. SANAKARA KURUPversusLEELAVATHY NAMBIAR

1994 INSC 320Dismissed

The petition challenged a Kerala High Court judgment that had set aside earlier findings that the petitioner, P.V. Sankara Kurup, was merely an agent and holder of a power of attorney for the respondent, Leelavathy Nambiar, and had purchased a Thavazhy property in his own name using the respondent’s …

N. KRISHNAMACHARIversusTHE MANAGING DIRECTOR APSRTC, HYDERABAD AND ORS.

1994 INSC 316Dismissed

The Government of Andhra Pradesh issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a bus‑stand complex, followed by a declaration under Section 6. Several writ petitions were filed challenging the acquisition, and the Andhra Pradesh State Road Transport …

P. CHINNANNA AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1994 INSC 301

The State of Andhra Pradesh, invoking urgency under Section 17 of the Land Acquisition Act, 1894, acquired 6 acres 29 guntas of land for a market yard in 1977, publishing a Section 4(1) notification and a Section 6(1) declaration, and took possession in 1978, vesting the land in the State. The …

SHRI SWAROOP NARAIN SRIVASTAVAversusTHE IVTH ADDL. DISTRICT JUDGE AND ORS.

1994 INSC 302

The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application …

THE STATE OF M.P. AND ORS.versusRAGUVEER SINGH YADAV AND ORS.

1994 INSC 304Appeal(s) allowed

The State of Madhya Pradesh issued a 1987 notification for recruitment of Inspectors of Weights and Measures with qualifications including Arts, Commerce, Science, Engineering or a Diploma. Written examinations were held and results declared in August 1989, after which interview cards were issued. …

SUKALU RAM GONDversusSTATE OF MP AND ORS.

1994 INSC 300Disposed 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 …

STATE OF TAMIL NADUversusT.V. VENUGOPALAN

1994 INSC 298Appeal(s) allowed

The respondent, a government employee who entered service in 1952, sought correction of his date of birth a year before his scheduled superannuation, claiming his father had recorded it incorrectly. The State rejected the application, and the Administrative Tribunal set aside the rejection, …

CARMEL BOOK STALLversusDY. COMMISSIONER OF SALES TAX

1994 INSC 287Appeal(s) allowed

Carmel Book Stall, a charitable trust, sold books whose profits were claimed to be exempt from Kerala sales tax under Section 10 of the Kerala General Sales Tax Act, 1963, provided the profits were solely used for charitable purposes. The Sales Tax Officer taxed the profits for the assessment years …

PREMJI RATANSEY SHAH AND ORSversusUNION OF INDIA AND ORS.

1994 INSC 279Dismissed

The petitioners claimed to be successors in title to land that had been acquired by the government for the railways under the Land Acquisition Act, 1894, and sought a declaration and an injunction to protect their possession. The trial court found them in possession, but the High Court held that the …

SH. DEWAN CHAND BHALLAversusDR. ASHOK KUMAR BHOIL

1994 INSC 281Dismissed

The appellant, a government servant, was allotted a government residential accommodation and was a tenant of a residential building owned by the respondent landlord. The landlord invoked Section 14(3)(a)(iv) of the Himachal Pradesh Urban Rent Control Act, 1987 to obtain possession, arguing that the …

SH. JILUBHAI NANBHAI KHACHAR ETC ETC.versusSTATE OF GUJARAT AND ANR. ETC. ETC.

[1994] SUPP. 1 S.C.R. 807Dismissed

The appellants, successors of Girasdars and Barkhalidars, challenged the constitutional validity of the Gujarat Amendment to the Bombay Land Revenue Code, which vested all mines, minerals and quarries in the State and provided compensation based on the average of three years' net income. They argued …

STATE OF UP AND ORS.versusRAJIV GUPTA AND ANR. ETC.

1994 INSC 260

The State of Uttar Pradesh issued a notification under s.4(1) of the Land Acquisition Act, 1894 in April 1990 to acquire land for a sub‑station, and a declaration under s.6 in December 1990. Under s.11A the Collector was required to make the award within two years of the declaration, i.e., by 21 …

DR. BHARGAVA AND CO. AND ANR.versusSH. SHYAM SUNDER SETH BY L.RS.

1994 INSC 241

The predecessor-in-interest of the respondents bought an evacuee property at an auction in 1962 but failed to pay the full price, leading to cancellation of the sale. After a High Court set aside the cancellation, the full price was paid in 1980 and a sale certificate was issued on 31 March 1981, …

DEVKARAN NENSHI TANNA (DEAD) BY LRS.versusMANHARLAL NENSHI AND ANR.

1994 INSC 228Dismissed

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 …

SMT. ANAR DEVIversusNATHU RAM

1994 INSC 217Appeal(s) allowed

The tenant, Nathu Ram, occupied a shop owned originally by Banarsidas. After Banarsidas died, his widowed daughter‑in‑law, Anar Devi, claimed ownership and sought possession of the shop for the bona‑fide requirement of starting a business for her sons, invoking clause (b) of Section 23A of the …

UNITED BANK OF INDIAversusCOOKS AND KELVEY PROPERTIES (P) LTD.

1994 INSC 209Appeal(s) allowed

United Bank of India leased premises from Cook's and Kelvey Properties and allowed its employees' trade union to occupy the premises for union activities without the landlord's consent. The bank did not receive any rent from the union, maintained the premises, paid electricity charges, and retained …

TEJ SINGHversusSTATE OF RAJASTHAN AND ORS.

1994 INSC 202Disposed off

Tej Singh, a Gram Sewak, obtained an allotment of five bighas of government land in 1968 under the Rajasthan Colonisation (Medium & Minor Irrigation Projects Government Lands Allotment) Rules, 1968. In 1980 the Additional Collector cancelled the allotment under Rule 17‑A, alleging that Singh had …

S. SATYAPAL REDDY ETC.versusGOVT. OF A.P. AND ORS.

1994 INSC 196Dismissed

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 …

G.B. PANT AGRICULTURAL AND TECHNOLOGY UNIVERSITYversusKESHO RAM

1994 INSC 193

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 …

STATE OF M.P.versusSH. L.P. TIW ARI

1994 INSC 194Appeal(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 …

JAINULABUDEEN AND ORS.versusTHE GOVT. OF TAMIL NADU AND ORS.

1994 INSC 190Appeal(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 …

K. PERIASANIversusSUB-TEHSILDAR (LAND ACQUISITION)

1994 INSC 191

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 …

SRINIVASA COOP. HOUSE BUILDING SOCIETY LTD.versusMADAM GURUMURTHY SASTRY AND ORS.

1994 INSC 185Dismissed

The Supreme Court examined the acquisition of 71 acres of land by the Andhra Pradesh government for a private cooperative housing society that intended to develop plots for its members. The government had issued a notification under the Land Acquisition Act, 1894, contributed a token amount from …

DR. UMRAO SINGH CHOUDHARYversusSTATE OF M.P. AND ANR.

1994 INSC 184

Dr. Umrao Singh Choudhary was appointed Vice‑Chancellor of Devi Ahilya Vishwavidyalaya under section 13 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. On 21 January 1994 the Governor, exercising power under section 52(1) of the same Act, issued a notification that the Vice‑Chancellor should …

STATE OF RAJASTHAN AND ORS.versusSARDAR PUSHPENDRA SINGH AND ORS.

1994 INSC 178

The State of Rajasthan acquired about 1800 acres of land for defence purposes under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer (LAO) could not determine the compensation because portions of the land were in excess of limits prescribed by the Rajasthan Tenancy Act, 1955 …

SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.

1994 INSC 172

Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent …

THE STATE OF ANDHRA PRADESH, ETC.versusMODERN PROTEINS LTD.

1994 INSC 173

Modern Proteins Ltd., a dealer under the Andhra Pradesh General Sales Tax Act, dealt in groundnut products including deoiled cake and groundnut protein flour. For the 1977-78 assessment year, the Central Tax Officer taxed the flour at 4% under the Central Sales Tax Act, but the Assistant …

K.A.A. RAJA AND ORS.versusSTATE OF KERALA AND ANR.

1994 INSC 174Appeal(s) allowed

The State of Kerala acquired 52.88 acres of cardamom plantation for the Periyar Tiger Reserve under a notification issued under s.3(1) of the Kerala Land Acquisition Act, 1962. The Land Acquisition Officer initially valued the land at Rs.14.75 lakh, which was enhanced by the Subordinate Judge to …

SMT. INDRANI BAIversusUNION OF INDIA AND ORS.

1994 INSC 164Appeal(s) allowed

The widow of a turner who was dismissed from service challenged the disciplinary enquiry that led to his dismissal. The employee had alleged bias against the appointed enquiry officer and requested a change of officer, which the authorities ignored and proceeded with an ex parte enquiry. After the …

STATE OF U.P. AND ANR.versusPREM LATA MISRA AND ORS.

1994 INSC 165

The respondent was appointed as a temporary Assistant Project Officer under the National Adult Education Scheme, with her appointment stating that service could be terminated at any time by giving one month's notice or pay. In June 1982 she was terminated under the Uttar Pradesh Temporary Government …

SATISH CHANDRAversusREGISTRAR OF COOPERATIVE SOCIETIES, DELHI.

1994 INSC 166

The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did …

UNION OF INDIAversusM/S. JAIN ASSOCIATES AND ANR.

1994 INSC 161

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting …

STATE OF ANDHRA PRADESHversusT.G. LAKSHMAIAH SETTY AND SONS

1994 INSC 157Appeal(s) allowed

The assessee, T.G. Lakshmaiah Setty & Sons, a dealer in groundnut oil and cotton seeds, was assessed under the Andhra Pradesh General Sales Tax Act, 1957 for the years 1967‑68, 1970‑71 and 1971‑72 on cotton lint at 3% as an unclassified good. Relying on Alimchand Topandas Oil Mills, they argued that …

SATYAPAL SINGHversusTHE HARYANA STATE SUBORDINATE SELECTION BOARD AND ORS.

1994 INSC 147Disposed 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 …

UNION OF INDIA AND ANR.versusDISTRICT JUDGE, UDHAMPUR AND ORS.

1994 INSC 142Appeal(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 …

P.K. VIJAYANversusKAMALAKSHI AMMA AND ORS.

1994 INSC 131Dismissed

The landlords filed an eviction petition under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, which the Rent Controller accepted, directing them to sue in civil court. The tenant first sought relief under Section 72B of the Kerala Land Reforms Act, claiming assignment of …

SOORAJMULL NAGARMULLversusDALHOUSIE PROPERTIES LTD. AND ANR.

1994 INSC 133Disposed off

The Supreme Court heard a civil appeal (No. 2846 of 1979) arising from a 40‑year landlord‑tenant dispute between Soorajmull Nagarmull (tenant) and Dalhouise Properties Ltd. (landlord). While the appeal was pending, the parties reached a compromise covering rent, compensation for past occupation, tax …

COL. SIR HARINDER SINGH BRAR BANS BAHADURversusBLHARL LAL AND OTHERS ETC.

1994 INSC 121Dismissed

The tenant, Biharlal, applied under Section 18 of the Punjab Security of Land Tenures Act, 1953 to purchase 224 kanals 18 marlas of land owned by Harjinder Singh Brar. The Assistant Collector approved the purchase, but the land‑owner appealed, leading to a series of appellate and revisional orders …

B. SIVANANDAversusTHE ANDHRA BANK LTD. AND ANR.

1994 INSC 125Disposed off

The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for …

COL. SIR HARINDER SINGH BRAR BANS BAHADURversusBIHARI LAL AND ORS. ETC.

1994 INSC 126Dismissed

Harinder Singh, the landowner, sold a tenanted parcel of land to his tenant Bihari Lal under Section 18 of the Punjab Security of Land Tenures Act, 1953. The tenant applied for purchase, was granted a purchase price, and deposited the first instalment on 12 March 1963, thereby becoming a deemed …

K. SASIDHARANversusKERALA STATE FILM DEVELOPMENT CORPORATION

1994 INSC 119Dismissed

The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras …

PUNJAB STATE ELECTRICITY BOARDversusBASSI COLD STORAGE, KHABAR AND ANR.

1994 INSC 117Appeal(s) allowed

Bassi Cold Storage, a consumer of electricity supplied by the Punjab State Electricity Board, claimed that its supply was wrongfully disconnected and sought damages. The consumer invoked Condition 29 of the Board's Abridged Conditions of Supply, which provided that disputes not determinable under …

S.R. BOMMAIversusUNION OF INDIA AND ORS.

1994 INSC 111

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, …

SONAPUR TEA COMPANY PVT. LTD. & ANR.versusSTATE OF ASSAM AND ANR.

1994 INSC 103Appeal(s) allowed

Sonapur Tea Company owned a 1,617‑bigha tea estate in Kamrup, Assam that was requisitioned by the Union Defence Department under the Defence of India Act, 1962. After a portion was de‑requisitioned, the remaining estate was deemed requisitioned under the Requisitioning and Acquisition of Immovable …

STATE OF U.P.versusU.P. UNIVERSITY COLLEGES PENSIONERS ASSOCIATION

1994 INSC 94Disposed off

The State of Uttar Pradesh issued a Government Order in 1980 offering two pension schemes to teachers of aided degree colleges, one of which provided pension without gratuity for those retiring at 60. Most teachers chose this scheme, but the Association challenged the computation of pension on the …

STATE OF RAJASTHAN AND ANR.versusSHRI PURKHA RAM AND ANR.

1994 INSC 90Dismissed

The case involved displaced persons from the Bhakra Nangal Dam who were rehabilitated in the Rajasthan Canal Colony and allotted land under the Rajasthan Colonisation Act, 1954 and the 1967 Rules, with payment required as per Rule 23, which they duly made. In 1984 the government issued notices under …

ADDL. SPECIAL LAND ACQUISITION OFFICERversusYAMANAPPA BASALINGAPPA CHALWADI

1994 INSC 87

The respondents' agricultural lands were acquired under the Land Acquisition Act, 1894 for the Upper Krishna Project. The District Judge, based on evidence that two dry‑season crops yielded Rs 720 per acre, applied a 15‑year multiplier to compute a market value of Rs 800 per acre, which the …

PRABHUversusSTATE OF RAJASTHAN

1994 INSC 84Dismissed

The appellant, a milk vendor, had a sample of his milk taken by a food inspector on 19 March 1983, which was sent for analysis and reported as adulterated. He was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, sentenced to six months imprisonment and …

JAIPUR DEVELOPMENT AUTHORITYversusRADHEY SHYAM AND ORS.

1994 INSC 78Appeal(s) allowed

The Government of Rajasthan acquired land for the development of Jaipur city under the Rajasthan Land Acquisition Act, 1953. After an initial award excluded a portion of the land, the Land Acquisition Officer made a 1974 award that deducted compensation by allotting portions of the acquired land to …

STATE OF PUNJAB AND ANR.versusHANS RAJ (DEAD) BY LRS./SOHAN SINGH AND ORS.

1994 INSC 73Appeal(s) allowed

The State of Punjab acquired land under the Land Acquisition Act, 1894 and the Land Acquisition Officer initially awarded Rs.29.46 per marla as compensation. The District Judge enhanced this to Rs.50 per marla, and the High Court single judge further raised the market value to Rs.375 per marla and …

STATE BANK OF PATIALA AND ANR.versusHARBANS SINGH

1994 INSC 69Dismissed

The landlord obtained a loan from State Bank of Patiala to construct a building which he would lease back to the bank for its commercial use. The loan agreement stipulated a 16% interest rate with quarterly rests, which the landlord contested. The trial court reduced the rate to 15% and eliminated …

RAM DULARversusDY. DIRECTOR OF CONSOLIDATION, JAUNPUR AND ORS.

1994 INSC 55

The appellant claimed a half‑share in ancestral land based on his lineage and long‑term possession, which the Consolidation Officer and Settlement Officer recognized. The Deputy Director of Consolidation, exercising power under Section 48 of the U.P. Consolidation of Holdings Act, 1953, reversed …

STATE OF HARYANA AND ORS.versusMAHABIR PRASAD SHARMA AND ORS.

1994 INSC 52Disposed 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 …

NARENDRA KUMAR CHANDLAversusSTATE OF HARYANA AND ORS.

1994 INSC 49

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 …

RAMANKUTTY GUPTANversusAVARA

1994 INSC 42

The appellant, a vendor, sought rescission of a contract of sale under Section 28 of the Specific Relief Act, 1963, alleging the respondent failed to pay the balance consideration within the time fixed by an appellate decree for specific performance. The decree, passed by the appellate court, was …

DEEP CHAND AND ORS.versusLAND ACQUISITION OFFICER AND ORS.

1994 INSC 40Dismissed

The State Government acquired 2 acres 46 cents of land belonging to Deep Chand, who objected under Section 49(1) of the Land Acquisition Act, 1894, insisting that the whole property, including his factory and office, should be taken. The Collector referred the dispute to the Civil Court, which held …

BILLA JAGAN MOHAN REDDY AND ANR.versusBILLA SANJEEVA REDDY AND ORS.

1994 INSC 34Appeal(s) allowed

The appellants, who were the first parties in a reference proceeding under Section 30 of the Land Acquisition Act concerning compensation for acquired land, sought to prove their pre‑existing title by producing revenue records and other public documents. Because the documents were not in their …

RAM JANAM SINGH AND ANR. ETC. ETC.versusSTATE OF UTTAR PRADESH AND ANR. ETC. ETC.

1994 INSC 24

The Supreme Court examined whether the Uttar Pradesh rules granting special seniority to demobilised officers commissioned during national emergencies (Nov 1962‑Jan 1968 and after Dec 1971) while excluding those commissioned between Jan 1968 and Dec 1971 violated Article 14. The respondent, a former …

STATE OF MAHARASHTRAversusGURAPPA HIROJIRAO AND ORS. AND VICE VERSA

1994 INSC 26

The State of Maharashtra acquired about 108 acres of agricultural land within a municipal corporation for an agricultural produce market and made an award under the Land Acquisition Act, 1894. Several claimants, dissatisfied with the award, invoked Section 18 of the Act and obtained an enhanced …

JAWAJEE NAGNATHAMversusTHE REVENUE DIVISIONAL OFFICER, ADILABAD, AP., ETC.

1994 INSC 29Dismissed

The appellant owned 18 guntas of land in Adilabad municipality that were acquired under the Land Acquisition Act, 1894. Compensation was initially based on letting value and later enhanced to Rs. 75 per square yard by the reference court. The appellant claimed a market value of Rs. 300 per square …

SAMPURAN SINGHversusSTATE OF HARYANA AND ORS.

1994 INSC 16Dismissed

Sampuran Singh's land was declared surplus under the Punjab Security of Land Tenures Act, 1953 in 1964, but he continued to possess and enjoy it. After his three sons became majors, he sought to reopen the declaration and recompute the surplus land under sections 7 and 9 of the Haryana Ceiling on …

SMT. BHAGWANTI DEVI AND ANR.versusSTATE OF HARYANA AND ANR .

1994 INSC 17Dismissed

The appellants, a family owning 828 standard acres, had surplus land declared under the Punjab Security of Land Tenures Act, 1953 and were granted exemption under Rule 8 to continue using it. When the Haryana Ceiling on Land Holdings Act, 1972 came into force, the appellants argued that the …

SURINDER NATH DEWANversusSTATE OF HARYANA AND ORS.

1994 INSC 18

Surinder Nath Dewan was declared a holder of 15 standard acres of surplus land by a 1960 order under the East Punjab Security of Land Tenures Act. He later obtained a determination that only 5 acres were surplus and sought restoration of land that had been leased out under the East Punjab Area …

HINDALCO INDUSTRLES LTD.versusUNION OF INDIA AND ORS.

1993 INSC 391Dismissed

Hindalco Industries Ltd. complained that the Indian Railways continued to levy freight charges based on an inflated distance of 714 km even after a new line reduced the actual distance to 568 km. The company filed a complaint under Section 36(b) of the Railways Act, 1989 seeking a declaration that …

STATE OF KARNATKAversusKRISHNAJI SRINIVAS KULKARNI AND ORS.

1993 INSC 392Appeal(s) allowed

The respondents, owners of agricultural lands in Bijapur district, had leased the lands to M/s Sugarcane Products and Industries Ltd. for 30 years, a lease that expired on 31 March 1973 but the company continued to occupy the land. After the Karnataka Land Reforms Act, 1961 was amended in 1974, …

J. & K. PUBLIC SERVICE COMMISSION, ETC.versusDR. NARINDER MOHAN AND ORS. ETC. ETC.

1993 INSC 385Appeal(s) allowed

The Supreme Court examined the appointments of six doctors as ad‑hoc lecturers under the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. The State Government had relaxed the recruitment rules to regularise two of them and the High Court quashed all appointments, …

STATE OF HARYANA AND ANR.versusMANOJ KUMAR AND ANR.

1993 INSC 356

The State of Haryana prosecuted Manoj Kumar for the death of Chetan, alleging that Kumar repeatedly pursued the brothers on a motorcycle and deliberately ran Chetan over with his car, causing fatal injuries. The sole eye‑witness, Rohan, the victim’s brother, testified to the entire sequence of …

JODHA RAM (DEAD) BY LRS.versusFINANCIAL COMMISSIONER, HARYANA AND ORS.

1993 INSC 324Dismissed

Jodha Ram, a small landowner, sought eviction of tenants Loti Ram and Rup Ram under Section 9(1)(i) of the Punjab Security of Land Tenures Act, 1953, claiming his title remained despite the land being declared surplus. The Collector and higher authorities rejected his claim, holding that surplus …

D. DEVAJIversusK. SUDARSHANA RAO

1993 INSC 321Appeal(s) allowed

The landlord K. Sudarshana Rao filed an eviction petition under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide need for a non‑residential building to store fire‑clay. The tenant D. DevaJi had agreed to a rent increase, but the …

SULOCHANA AMMAversusNARAYANAN NAIR

1993 INSC 311Dismissed

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from …

UMESH CHAND GANDHIversus1 ST ADDL. DIST. AND SESSIONS JUDGE AND ANR.

1993 INSC 310Disposed off

The appellant, a tenant, was required under Section 39 of the U.P. (Urban Building Regulation of Letting Rent and Eviction) Act, 1972 to deposit arrears, interest and costs within one month to avoid eviction. He deposited Rs 1,944 instead of the required Rs 2,048 due to a calculation error, leaving …

DESH BANDHU GUPTAversusN L. ANAND AND RAJINDER SINGH

1993 INSC 301Appeal(s) allowed

The appellant, a tenant, had deposited rent exceeding the decretal amount before execution proceedings were initiated. The execution court, without serving any notice to the judgment debtor, sold his 550‑sq‑yard plot to the second respondent for Rs 1,05,000, despite the decree debt being only Rs …

RAMCHANDRA GANPAT SHINDE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 267Appeal(s) allowed

The dispute concerned the election of the managing committee of Shri Vathal Sakhar Sehakari Karkhana Ltd., a specified cooperative society whose term expired on 3 December 1991. The final list of voters was published on 17 December 1991, but the State Government postponed the election to 30 …

GURU AMARJIT SINGHversusRATTAN CHAND AND ORS.

1993 INSC 260Dismissed

Guru Amarjit Singh sued Rattan Chand and others for ejectment, alleging that a 1905 lease between his grandfather and the respondents' predecessors created a landlord‑lessee relationship and that the respondents forfeited the lease by selling the land, denying the landlord's title and claiming …

GAURI SHANKAR GAUR AND ORS. ETC.versusSTATE OF U.P. AND ORS.

1993 INSC 261Dismissed

The Uttar Pradesh Avas Evam Vikas Parishad Act, 1965 authorised acquisition of land for a housing scheme and issued notifications under its Sections 28(1) and 32(1). The State later issued acquisition notices under the Land Acquisition Act, 1894. The appellants challenged whether the three‑year …

SRI RAJ RAJESHWARI PRASAD SINGHversusSH. SHASHI BHUSHAN PRASAD SINGH AND.ORS.

1993 INSC 252Dismissed

The appellant, a grandson, sought to reopen a preliminary ex‑parte decree in a title suit concerning a Hindu joint family property, claiming that his grandmother's life estate under a 1942 compromise decree had become an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, and that …

M/S KISHAN LAL LAKSHMI CHAND AND ORS.versusSTATE OF HARYANA AND ORS.

1993 INSC 249Dismissed

The appellants challenged the constitutional validity of the Haryana Rural Development Act, 1986, specifically sections 5(1) and 11, alleging that the 1% levy on agricultural produce was a tax in disguise and therefore ultra vires the State's legislative competence under Articles 246(3) and 286(2) …

V.K.SOODversusSECRETARY, CIVIL AVIATION AND ORS.

1993 INSC 207Dismissed

V.K. Sood applied for the post of Examiner of Personnel in the Department of Civil Aviation but was not selected. He challenged the qualifications prescribed in the 1989 advertisement, alleging that the amendments to the 1969 rules were tailor‑made to exclude him. The issue was whether the …

ALL INDIA IMAM ORGANISATION AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 200Appeal(s) allowed

The All India Imam Organisation filed a writ petition under Article 32 seeking basic wages for imams serving in mosques, alleging exploitation and a disparity between their duties and remuneration. The Union of India and various State Wakf Boards contended that imams are appointed by mutawallis or …

NAVALSHANKAR ISHWARLAL DAVE AND ANR.versusSTATE OF GUJARAT AND ORS.

1993 INSC 193Appeal(s) allowed

The appellants were detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985 (PASA) as "property grabbers" and challenged the detention orders. The High Court upheld the orders, but the Supreme Court examined the constitutional validity of PASA, the legality of delegating detention …

KIKAR SINGHversusSTATE OF RAJASTHAN

1993 INSC 194Dismissed

Kikar Singh was convicted of murder for repeatedly striking his unarmed neighbour with a spade, causing three injuries, the third of which severed the victim's neck and was deemed sufficient to cause death in the ordinary course of nature. The appellant argued that the killing occurred in the heat …

STATE OF WEST BENGALversusGAURANGALAL CHATTERJEE

1993 INSC 189Dismissed

The State of West Bengal sought the appointment of an arbitrator under clause 25 of a contract, but the Chief Engineer failed to act, prompting the respondent to approach the High Court. A Single Judge of the Calcutta High Court revoked the Chief Engineer's authority and appointed Shri D.K. Roy …

GULZARA SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1993 INSC 190Appeal(s) allowed

The Supreme Court examined the method for fixing market value of 90 acres of land acquired under the Land Acquisition Act, 1984. The claimants relied on various sale deeds, including a recent high‑price transaction, while the State relied on mutation entries. The Court held that only bona‑fide sales …

AJAY AGARWALversusUNION OF INDIA AND ORS

1993 INSC 181Dismissed

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 …

FOREST RANGE OFFICER AND ORS.versusP.MOHAMMED ALI AND ORS.

1993 INSC 179Case 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 …

SRIKANTA DATTA NARASIMHARAJA WODIYARversusENFORCEMENT OFFICER, MYSORE

1993 INSC 180Dismissed

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 …

S.J. PANDEversusP.K. BALAKRISHNAN

1993 INSC 173Appeal(s) allowed

The landlord determined the contractual tenancy of his tenant in 1966 and later the tenant, now a statutory tenant, granted a licence to the respondent in 1972. The respondent claimed protection from eviction under Section 15A of the Bombay Rent Hotel and Lodging House Rates Control Act, 1947. The …

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

1993 INSC 165Case Partly allowed

The Union Territory of Chandigarh acquired 70.09 acres of land in Manimajra for setting up brick kilns under the Land Acquisition Act, 1894. The Collector fixed compensation at Rs.23,600 per acre for cultivated (Abi) land, Rs.17,000 for rain‑fed (Barani) land and Rs.12,000 for waste (ghair munkin) …

OSWAL AGRO MILLS LTD.versusCOLLECTOR OF CENTRAL EXCISE AND ORS.

1993 INSC 166Appeal(s) allowed

Oswal Agro Mills Ltd. appealed against the classification of its "toilet soaps" as "other sorts" under tariff item 15(2) of the First Schedule of the Central Excise and Salt Act, 1944, which attracted a higher excise duty. The Assistant Collector had placed the soaps in the higher rate category, the …

PANCHU GOPAL BOSEversusBOARD OF TRUSTEES FOR PORT OF CALCUTTA

1993 INSC 164Dismissed

Panchu Gopal Bose entered into an arbitration agreement on 27 May 1978 to complete work within nine months. He claimed he sent bills on 12 July 1979 but received no payment, and only on 28 November 1989 did he issue a notice invoking arbitration. The respondent filed an arbitration suit under …

VIPIN KUMARversusROSHAN LAL ANAND AND ORS.

1993 INSC 116Dismissed After

The appellant‑tenant Vipin Kumar was evicted under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949 for constructing a wall and door in the verandah of his demised shop without the landlord’s consent, which was held to have stopped the flow of light and air and thus materially …

PATHAN MURTAZAKHAN DADAMKHAN AND ORS.versusJATHAN PIRKHAN AMDUMIYAN (DEAD) BY LRS.

1993 INSC 112Dismissed

The appellants' predecessor was a usufructuary mortgagee of certain fields. After the redemption period expired, the respondents filed a suit for redemption, which the trial court decreed subject to payment of damages for improvements. The appellate court confirmed the redemption decree but set …

CHIRANJILAL SHRILAL GOENKA(DECEASED) THROUGH LRversusJAGJIT SINGH AND ORS.

1993 INSC 102Disposed off

The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as …

NANDYAL CO-OP. SPINNING MILLS LTD ..versusK.V. MOHAN RAO

1993 INSC 85Dismissed

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 …

D. DASEGOWDAversusSTATE OF KARNATAKA AND ORS. T.R. DHANANJA YA AND ORS.

1993 INSC 63Appeal(s) allowed

The appellant, an Assistant Engineer in the Public Works Department, was deputed to the Bangalore City Corporation and later absorbed under the Karnataka Municipal Corporation Rules, 1977. The High Court struck down those rules and set aside his absorption. The State subsequently enacted the …

RAVI RAMAN PRASAD AND ANR.versusSTATE OF BIHAR AND OTHERS

1993 INSC 31Appeal(s) allowed

The appellants owned a residential house from which Respondent No. 4, a tenant, was evicted after a civil decree in the appellants' favour. The appellants took physical possession with police assistance. Respondent claimed a sale agreement, filed a title suit, and later opened fire to retake …

KISHAN SINGHversusSTATE OF UTTAR PRADESH

1992 INSC 297Appeal(s) allowed

Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor …

M.C. MEHTA ETC. ETC.versusUNION OF INDIA AND OTHERS ETC. ETC.

1992 INSC 167Hearing Adjourned

The Supreme Court entertained writ petitions filed by environmental activist M.C. Mehta under Article 32, seeking relief from severe air pollution caused by mechanical stone crushers operating in Delhi and adjoining areas of Haryana. The petitioners alleged that the stone‑dust and smoke emitted by …

REGIONAL DIRECTOR, E.S.I. CORPN. AND ANR.versusFRANCIS DE COSTA AND ANR.

1992 INSC 148Matter 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 …

PUNJAB NATIONAL BANK AND ORS.versusSURENDRA PRASAD SINHA

1992 INSC 109Dismissed

The Supreme Court decided two matters. In Punjab National Bank & Ors. v. Surendra Prasad Sinha, the Court held that Section 3 of the Limitation Act bars only the remedy, not the underlying right to a debt, and that the bank's adjustment of a fixed‑deposit security to satisfy the principal debtor's …

STATE OF UTTAR PRADESH AND ORS.versusDR. ANUPAM GUPTA ETC.

1992 INSC 45Appeal(s) allowed

The petitioners, three medical graduates, had completed their MBBS and appeared for the Post‑Graduate Medical Entrance Examination in 1990‑91 but were denied admission to postgraduate courses because they did not obtain the statutorily prescribed minimum of 50% marks in the entrance test. The …

MAHESH CHANDRAversusREGIONAL MANAGER, U.P. FINANCIAL CORPORATION AND ORS.

1992 INSC 42Appeal(s) allowed

Mahesh Chandra, the managing partner of a rice mill, hypothecated his mill and adjoining plots to the Uttar Pradesh Financial Corporation (UPFC) for a loan. After defaulting on repayments, UPFC exercised its power under Section 29 of the State Financial Corporations Act, 1951, took possession of the …

PARAMESWARAN GOVINDANversusKRISHNAN BHASKARAN AND ORS.

1992 INSC 39Appeal(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 …

INDIAN TUBE CO. (P) LTDversusCOMMISSIONER OF INCOME-TAX, CALCUTTA

1992 INSC 5Dismissed

Indian Tube Co. transferred Rs 90 lakh to a dividend reserve in 1963, of which Rs 76 lakh was paid out as dividend and Rs 14 lakh remained. The issue was whether the transferred amount, or any part of it, should be treated as a reserve for computing the company's capital under the Companies …

DALPAT KUMAR AND ANR.versusPRAHLAD SINGH AND ORS.

1991 INSC 341Appeal(s) allowed

The first appellant, Dalpat Kumar, entered into a contract to purchase a house and obtained a decree for specific performance, after which the sale deed was executed by the court. The respondent's family repeatedly sought temporary injunctions to prevent the appellant from taking possession, which …

DEEPAK THEATRE, DHURIversusSTATE OF PUNJAB AND ORS.

1991 INSC 325Dismissed

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 …

SMT. RANI DEVIversusBHOLE NATH AND ORS

1991 INSC 268Appeal(s) allowed

Rani Devi, the landlady, filed a suit under section 21 of the U.P. Urban Building (Regulation of letting, rent and eviction) Act, 1972 seeking eviction of the occupants, Bhole Nath and others, on the ground of a bona‑fide requirement to start a business for her son. The original tenant, Lalu, died …

SRI CHAND GUPTAversusGULZAR SINGH AND ANR.

1991 INSC 269Dismissed

The landlord filed an eviction application under Section 14(1)(b) of the Delhi Rent Control Act, alleging that the tenant, Guizar Singh, had sublet the premises to his brother Avtar Singh. The Rent Controller and the Rent Control Tribunal relied on an affidavit filed by Avtar Singh before the Income …

UNION OF'. INDIAversusPURNA MUNICIPAL COUNCIL AND ORS.

1991 INSC 244Appeal(s) allowed

The Union of India filed a writ petition under Article 226 challenging demand notices issued by the Purna Municipal Council for service charges of Rs.28,400 on railway property for the years 1954‑1960. The Union relied on Article 285 of the Constitution read with Section 135 of the Indian Railways …