SH BENOY MAZUMDAR (DEAD) BY LRS.versusTHE COLLECTOR OF CACHAR
1996 INSC 9923 September 1996Dismissed
The appellant's 60 bighas of land, requisitioned in 1959 under the Assam Land (Requisition and Acquisition) Act, 1948 for settlement of Bangladesh refugees, was compensated at Rs. 300 per bigha under Section 7(1A). The appellant argued that the land, originally granted in 1872 for "special cultivation," should attract …
SMT. WINKY DILAWARI AND ANR.versusAMRITSAR IMPROVEMENT TRUST, AMRITSAR
1996 INSC 9933 September 1996Dismissed
The Amritsar Improvement Trust framed a scheme under the Punjab Town Improvement Act, 1922 to create a passage to Guru Nanak Stadium and, after statutory publication and government approval, began acquiring land for the scheme. The appellants, who purchased a vacant site after the scheme’s approval but before personal …
STATE OF ANDHRA PRADESHversusVALLURI VANRAJU
1995 INSC 4363 August 1995Appeal(s) allowed
The respondent, Vallurivan Raju, filed a declaration under Section 8(1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Officer held that his holding exceeded the statutory ceiling of 1.3590 acres. The High Court, on revision, allowed the exclusion of only 3 acres 5 cen…
SPECIAL LAND ACQUISITION OFFICER AND ORS.versusMALLANAGOUDA RAYANAGOUDA PATIL AND ORS.
1995 INSC 4373 August 1995Dismissed
The Special Land Acquisition Officer appealed against the Karnataka High Court’s modification of the compensation awarded to the petitioners for acquired land. The High Court reduced the compensation per acre but the Supreme Court affirmed the award and further granted enhanced solatium at 15% and interest at 6% on the…
HARBANS SINGHversusSTATE OF PUNJAB AND ORS.
1995 INSC 4383 August 1995Appeal(s) allowed
Harbans Singh, who joined the Punjab Department of Legal and Legislative Affairs as a clerk in 1965 and was promoted to Assistant in 1974, claimed promotion to Legal Assistant on the basis of seniority when a vacancy arose in 1977. Ajit Lal Arora, the third respondent, was appointed to the same post on May 20, 1977, af…
P.S. GHALAUTversusSTATE OF HARYANA AND ORS.
1995 INSC 4393 August 1995Dismissed
The appellant, a general‑category candidate, and Dr. Nitya Anand, a backward‑class candidate, were appointed as lecturers under the Haryana Medical Education Service Rules, 1965. The appellant argued that the order of merit prepared by the Selection Committee, which placed him higher than Dr. Anand, should determine in…
SRI KAPTAN SINGH (DECEASED) THROUGH LRS.versusRAJINDER SINGH AND ANR.
1995 INSC 4403 August 1995Dismissed
The appellant, the estate of the late Sri Kaptan Singh, filed a writ petition in the Delhi High Court seeking a mandamus directing the Commissioner of Police to transfer his criminal complaint to an independent police agency, alleging that while in police custody his property was being alienated by a person claiming po…
STATE OF TAMIL NADUversusT.V. VENUGOPALAN
1994 INSC 2983 August 1994Appeal(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, directing an extension of se…
SRI RAJ RAJESHWARI PRASAD SINGHversusSH. SHASHI BHUSHAN PRASAD SINGH AND.ORS.
1993 INSC 2523 August 1993Dismissed
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 his mother could be…
SRINIVASA COOP. HOUSE BUILDING SOCIETY LTD.versusMADAM GURUMURTHY SASTRY AND ORS.
1994 INSC 1853 May 1994Dismissed
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 public funds, and decla…
M/S. RAAG RANG AND ANR.versusTHE GENERAL MANAGER, DELHI TELEPHONES AND ORS.
1997 INSC 3593 April 1997Disposed off
The appellants, M/s Raag Rang and others, claimed they had paid their telephone dues of Rs. 5,370.35 plus reconnection charges, yet faced a threat of disconnection. The General Manager, Delhi Telephones, issued a letter stating that no record of such payment existed in its bonds. The dispute centered on the factual que…
TEJRAMversusPATIRAMBHAU
1997 INSC 3603 April 1997Appeal(s) allowed
The appellant owned 22.38 acres of land and executed a document on 20 April 1972 that purported to be an agreement to sell 11.76 acres for Rs.50,000, with Rs.48,000 allegedly received as consideration. The sale deed was never executed, and the respondent, a money‑lender, issued a notice and sued for specific performanc…
S. SIVAPRAKASAMversusB.V. MUNIRAJ AND ORS.
1997 INSC 3613 April 1997Dismissed
The Catholic Syrian Bank, as mortgagee, obtained a preliminary decree (1951) and a final decree (1952) against mortgagor Manickam Mudaliar. While objections to the final decree were pending, a money creditor obtained a separate money decree, and the mortgaged property was sold in execution to Kandaswamy, who later tran…
SRI NANDLAL TEJMAL KOTHARIversusTHE INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX AND ORS.
1997 INSC 3623 April 1997Disposed off
The appeal filed by Sri Nandlal Tejmal Kothari before the Supreme Court challenged an order of compulsory purchase of his property made under the Income Tax Act, 1961. The appellant contended that the order was arbitrary and that the statutory period for payment of consideration under Section 269‑UD(l) was not being co…
STATE OF WEST BENGALversusSMT. MAYA DUTTA AND ORS .
1997 INSC 3633 April 1997Disposed off
Smt. Maya Dutta bought 1,065 sq. ft. of land from Bangur Land Development Corporation Ltd., a private agency, after the Urban Land (Ceiling of Regulation) Act, 1976 came into force. She sought permission under Section 27(2) of the Act to sell the building constructed on the land; the competent authority refused under S…
VENKAPPA GURAPPA HOSURversusKASAWWA C/O. RANGAPPA KULGOD
1997 INSC 3643 April 1997Dismissed
The appellant claimed a sale agreement dated 9 August 1959 and filed a suit for specific performance on 5 November 1972, after the respondent had obtained a possession decree in his favour on 9 November 1971. The appellant issued a notice to the respondent on 22 August 1972, asserting denial of the agreement. The court…
S. VANATHAN MUTHURAJAversusRAMALINGAM ALIAS KRISHNAMURTHY GURUKKAL AND ORS.
1997 INSC 3653 April 1997Dismissed
The appellant purchased a one‑third share in a property and filed suits for declaration of title and partition. While the suit was pending, the Tehsildar, under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, conducted a suo motu inquiry and granted a Ryotwari patta to an institution. The…
SMT. SATHYAPREMA MANJUNATHA GOWDAversusTHE CONTROLLER OF ESTATE DUTY, KARNATAKA
1997 INSC 3663 April 1997Dismissed
Manjunatha Gowda, a coparcener in a Hindu joint family, received a 4/5 share of family property after a partition in 1965. He died in 1971, and his widow Smt. Sathyaprema Manjunatha Gowda and their unmarried daughter claimed a share of the estate under Section 8(1)(d) of the Hindu Law Women’s Rights Act, 1933, seeking …
DR. SMT. SHIPRAversusSHANTI LAL KHOIWAL
1996 INSC 4773 April 1996Dismissed
Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A of the Conduct of Ele…
STATE OF U.P.versusAMEER ALI
1996 INSC 4783 April 1996Appeal(s) allowed
The deceased wife was attacked by her husband, who beat her, poured kerosine on her and set her on fire. She gave two dying declarations, one to an Executive Magistrate on the day of the incident and another to a Sub‑Inspector the following day, both describing the accused's actions. At trial, the Sessions Court convic…
G. RABINATHANversusSTATE OF KARNATAKA AND ORS.
1995 INSC 2423 April 1995Appeal(s) allowed
G. Rabinathan, an Emergency Commissioned Officer in the defence services from June 1963 to September 1967, joined the National Cadet Corps (NCC) from December 1967 to June 1972 and was later appointed as a Probationary Commercial Tax Officer in Karnataka. He sought continuity of service for seniority under Rule 6‑A of …
SHRI KANWAR SINGHversusSTATE OF HARYANA AND ORS.
1997 INSC 2143 March 1997Dismissed
Shri Kanwar Singh, who had earlier been temporarily promoted to Assistant Sub‑Inspector in 1988, contested the subsequent open selection for the same post, arguing that his prior experience should have been given weightage in the interview component. The selection board allocated 75% of the total marks to a written exa…
THE SECRETARY, TALIPARAMBA EDUCATION SOCIETYversusMOOTHEDATH MALLISSERI ILLATH M.N. AND ORS.
1997 INSC 2153 March 1997Appeal(s) allowed
The case concerned a lease of land and buildings granted to the Taliparamba Education Society for the purpose of running an educational institution. The lessor gave notice of termination alleging that the lessee had allowed shops and rooms to be used for cultural and marriage functions, thereby breaching the lease cove…
JAI MANGLA HARIJAN KALYAN SAMITIversusSTATE OF ORISSA AND ORS.
1997 INSC 2163 March 1997Disposed off
The appellants, members of Jai Mangla Hariyan Kalyan Samiti, occupied tenements that they claimed were outside the campus of a public hospital but were being evicted under a High Court order directing the removal of all encroachments within the hospital premises. The High Court had ordered the authorities, with police …
JOY NATH GOALA AND ORS.versusBHABANI PRASAD CHOUDHARY AND ORS.
1997 INSC 2173 March 1997Appeal(s) allowed
The appellants, successors to a 1946 purchase of a property, sued the respondents for declaration of title and ejectment after the respondents, who were tenants under a 1948 compromise decree, failed to vacate the premises after the decree’s three‑year term expired in 1951. The trial court decreed in favour of the appe…
PRAHALLAD BARALversusGOVERNMENT OF ORISSA AND ORS.
1997 INSC 2183 March 1997Appeal(s) allowed
The appellant, a Lower Division Clerk (LDC) appointed in 1972-73 with an intermediate qualification, claimed seniority over respondents who were appointed earlier (1970-71) but possessed only matriculation. The Government had issued a 1971 order prescribing intermediate as the minimum qualification for LDC recruitment …
KATTA RAMUDUversusSTATE OF ANDHRA PRADESH
1997 INSC 2193 March 1997Dismissed
The appellant, a resident of Velleturu village, attacked V. Nageswara Rao (the deceased) at a police‑ordered meeting, stabbing him in the chest with a knife that penetrated the right ventricle, causing instant death. The prosecution proved that the appellant uttered the words "do away with the deceased" before the assa…
PRAKASH CHANDRA SAHUversusSTATE TRANSPORT AUTHORITY AND ORS.
1997 INSC 2203 March 1997Dismissed
The appellant, Prakash Chandra Sahu, held a permanent stage‑carriage permit issued under the Motor Vehicles Act of 1939 for an inter‑state route. After the Motor Vehicles Act, 1988 came into force, his permit expired and he applied to the State Transport Authority (STA) for renewal. The STA rejected his renewal and gra…
BASUDEV PATIversusSTATE OF ORISSA AND ANR.
1997 INSC 2213 March 1997Dismissed
Basudev Pati, while employed as a lecturer, received a revised UGC pay scale (Rs.700-1600) with retrospective effect from 1 January 1974, fixing his salary at Rs.780 and granting arrears. He was later selected to the Orissa Administrative Service (Class‑II) whose pay scale was Rs.525-1150, and he claimed that his last …
SWATANTAR SINGHversusSTATE OF HARYANA AND ORS.
1997 INSC 2223 March 1997Dismissed
The petitioner, a Sub‑Inspector of Police, was served with adverse entries in his Annual Confidential Report for the period April 1994 to March 1995, alleging corruption, unreliability and other defects. He made a representation to the Deputy Inspector General, which was rejected, and a second representation to the Dir…
SONAPUR TEA COMPANY PVT. LTD. & ANR.versusSTATE OF ASSAM AND ANR.
1994 INSC 1033 March 1994Appeal(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 Property Act, 1952 (S…
K.I. PAVUNNYversusASSISTANT COLLECTOR (HEAD QUARTER), CENTRAL EXCISE COLLECTORATE, COCHIN
1997 INSC 843 February 1997Appeal(s) allowed
The appellant was found with 200 gold biscuits concealed in his house and gave a written confession to Customs officers under Section 108 of the Customs Act, which he later retracted. The issue before the Supreme Court was whether such a statement, recorded before the appellant became an accused, was admissible under S…
STATE OF U.P. AND ORS.versusCOMMITTEE OF MANAGEMENT AZAD UCHCHTAR MADHYAMIK VIDYALAYA AND ANR.
1997 INSC 883 February 1997Disposed off
The case concerned a high school in Uttar Pradesh that had been upgraded in 1974 with an attached primary section operating since 1970. The primary section employed 21 teachers, of whom 19 were untrained and 2 were trained, and after the school was removed from the list of approved schools the payment of salaries under…
SHRI RAM PRAKASHversusSMT. CHARAN KAUR AND ANR.
1997 INSC 893 February 1997Dismissed
Both parties filed civil suits against each other for damages. The petitioner's suit was dismissed by the trial court, while the respondents' suit was also dismissed but later allowed on appeal, resulting in a decree for Rs. 24,875 in favour of the respondents. The petitioner filed a second appeal challenging the respo…
MIS. JOHN TINSON AND CO., PVT. LTD. AND ORS. ETC.versusMRS. SURJEET MALHAN AND ANR. ETC.
1997 INSC 903 February 1997Dismissed
Mrs. Surjeet Malhan and her husband, Mr. B.K. Malhan, owned shares in a private company and sued John Tinson & Co. and others for declaration and injunction after the appellants allegedly transferred those shares without proper authority. The appellants argued that the wife had impliedly consented to the transfer and t…
HANAMANTHAPPA AND ANR.versusCHANDRASHEKHARAPPA AND ORS.
1997 INSC 913 February 1997Dismissed
The respondents originally filed suit O.S. No.158/94 in the District Munsiff Court, Navalagund, but the plaint was returned for lack of territorial jurisdiction. They amended the plaint and refiled it as O.S. No.10/91 in the Civil Court at Dharwad. The original plaintiffs filed an application under Order VII Rule 10 of…
THEGOVERNMENT OF TAMIL NADU AND ANR.versusK. JA YARAMAN
1997 INSC 923 February 1997Disposed off
The respondent, a government employee appointed in 1942 and regularized in 1945, tendered his resignation in June 1970 claiming a right to voluntary retirement after completing 25 years of service. The government accepted his resignation effective March 19, 1970. At that time, pension benefits required 30 years of qual…
THE STATE OF BIHAR AND ORS.versusSUBHASH SINGH
1997 INSC 933 February 1997Dismissed
The State of Bihar filed a Special Leave Petition challenging a Patna High Court order that imposed personal costs on a government officer, Subhash Singh, for failing to comply with the High Court's directions within two months. The officer delayed compliance for one year and five months and offered no explanation to t…
AMITABH KUMAR AND ANR.versusDIRECTOR OF ESTATES AND ANR.
1997 INSC 943 February 1997Dismissed
The case concerned a father who retired voluntarily from government service and whose son applied for an ad‑hoc allotment of government quarters in his place. The father failed to vacate the accommodation within the extended period granted by the department, leading to the withdrawal of the extension and imposition of …
VALIAMMALversusR. PALANICHAMI NADAR AND ORS.
1997 INSC 953 February 1997Dismissed
The petitioner sought to set aside the execution of a sale of two properties that had been ordered by the High Court after his mother’s earlier application under Order XXI, Rule 64 of the CPC was dismissed and became final. After his mother’s death, the petitioner filed an application under Section 47 of the CPC allegi…
JAIPUR DEVELOPMENT AUTHORITYversusSITA RAM AND ORS.
1997 INSC 963 February 1997Appeal(s) allowed
The Jaipur Development Authority (JDA) issued a notification under Section 52 of the Rajasthan Urban Improvement Act, 1959 in 1979 and later, after the JDA Act came into force, issued a fresh notification in 1984 to continue land acquisition under the repealed Act. Several writ petitions challenged the validity of the …
JAYWANTRAJ PUNAMIYA AND ORS.versusM/S. H. CHOKSI AND CO. PVT. LTD.
1997 INSC 973 February 1997Dismissed
The appeal arose from a Bombay High Court order refusing to record a compromise under Order 23, Rule 3 of the CPC. While the appeal was pending, the parties filed an application to record a compromise whereby they appointed Shri Mohanlal S. Mehta as a mediator to sell two flats and adjust the proceeds. The High Court h…
THE BOARD OF MANAGEMENT OF S.V.T. EDUCATIONAL INSTITUTION AND ANR.versusA. RAGHUPATHY BHAT AND ORS.
1997 INSC 983 February 1997Disposed off
The respondent, a teacher at a private educational institution, was suspended on 18 March 1989 and a domestic enquiry led to his removal. The Tribunal set aside the removal order because the subsistence allowance had not been paid and remitted the matter for a fresh enquiry. The Karnataka High Court stayed the domestic…
RAMANKUTTY GUPTANversusAVARA
1994 INSC 423 February 1994
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 being executed in the …
STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY AGRICULTURE TO THE GOVT. OF HIMACHAL PRADESH, SHIMLAversusNODHA RAM AND ORS.
1996 INSC 133 January 1996Appeal(s) allowed
The respondents were daily‑wage workers engaged on a muster‑roll under a Central Scheme and were paid from Central Government funds. After the scheme was completed and closed due to lack of funds, their services were terminated. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim dire…
STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY RURAL DEVELOPMENT TO THE GOVT. OF HIMACHAL PRADESH, SHIMLAversusASHWANI KUMAR AND ORS.
1996 INSC 143 January 1996Appeal(s) allowed
The respondents were daily‑wage workers engaged on a muster‑roll under a Central Government scheme in Himachal Pradesh. After the project was completed and closed due to lack of funds, they were dismissed. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim direction ordering their re…
SALES TAX COMMISSIONER ETC. ETC.versusB.G. PATEL ETC. ETC.
1995 INSC 33 January 1995Dismissed
The case concerned promotion of senior clerks belonging to Scheduled Tribes in Gujarat civil services. Several posts reserved for STs were vacant because no candidates possessed the full experience prescribed in Rule 11‑A of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1985. The respondent…
M/S BIHAR STATE FOOD AND SUPPLIES CORPORATION LTD.versusM/S GODREJ SOAPS PVT. LTD. AND ORS.
1996 INSC 14212 December 1996Disposed off
The petitioners, Bihar State Food and Supplies Corporation Ltd., sought to have suit No. 398/89, which had been transferred to the Subordinate Judge, Patna, re‑transferred back to that court for trial, arguing that the earlier order for a joint trial with suit No. 1028/78 had outlived its purpose. The respondents oppos…
BABY AMMALversusRAJAN ASARI
1996 INSC 14222 December 1996Appeal(s) allowed
The appellant, Baby Ammal, owned a property in Trivandrum and filed a suit for possession and a declaration that the respondent, Rajan Asari, was merely a licensee. The trial court decreed in favour of the appellant, but the Kerala High Court reversed the decision, holding that a deed executed in 1966 was a valid gift …
MASJID FARKUNDA MOSQUEversusHAMED BASHA AND ORS.
1996 INSC 14232 December 1996Dismissed
The appellant, Masjid Farikunda Mosque, filed a suit for ejectment and possession of a house, claiming it had purchased the super‑structure in 1975 from Mohd. Hussain. The third respondent had earlier bought the same land and super‑structure by a registered sale deed in 1969, making him the true owner. The Madras High …
GHAZIABAD DEVELOPMENT AUTHORITY, GHAZIABADversusSMT. JAIMALA
1996 INSC 14242 December 1996Appeal(s) allowed
The trial court passed a decree in favour of the respondent, which the appellant sought to execute. While the decree was being executed, the respondent filed a revision and the High Court stayed the execution. Counsel for the appellant, unaware of the stay, claimed no revision was filed, leading the executing court to …
MANOJ BEHARI LAL MATHUR AND ANR.versusDR. SHANTI MATHUR AND ORS.
1996 INSC 14252 December 1996Dismissed
The appellants' mother filed a suit for perpetual injunction against Dr. Shanti Mathur to prevent alienation of a family property, later filing suits for partition and for a declaration that Dr. Mathur was a benamidar and the property belonged to the joint family. An application was made to amend the plaint to allege t…
BASHIR MUSA PATELversusSATYAWAN GANPAT .JAWKAR AND ORS.
1996 INSC 14262 December 1996Appeal(s) allowed
The respondents filed an election petition alleging corrupt practices by the appellant, Bashir Musa Patel, under the Representation of the People Act, 1951. The petition was found to lack the specific particulars required by Section 86(5) of the Act. The Bombay High Court, while acknowledging the deficiency, directed t…
STATE OF ORISSA AND ORS.versusSUKANTI DEBI
1996 INSC 14272 December 1996Appeal(s) allowed
The Central Administrative Tribunal directed the appointment of Sukanti Debi as a Hindi Teacher in a third post, even though the post was not sanctioned and the need for such an appointment was not recognised by the education department. The State of Orissa challenged the validity of that direction, contending that Hin…
THE CHIEF GENERAL MANAGER TELECOM KERALA CIRCLE TRIVENDRUM AND ANR.versusG. RENUKA AND ANR.
1996 INSC 14282 December 1996Appeal(s) allowed
The case concerned the promotion of Junior Telecom Officers where 15% of the posts were reserved for Scheduled Castes (SC) and Scheduled Tribes (ST). In the competitive examination, several SC/ST candidates failed to meet the general qualifying marks, prompting the government to constitute a Review Committee as per Cir…
U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.
1994 INSC 5742 December 1994Appeal(s) allowed
The respondents, appointed ad‑hoc as Assistant Engineers in the U.P. Local Self‑Government Engineering Department, sought inter‑seniority determination. The Allahabad High Court directed the preparation of a fresh seniority list based on a merit list, but the original record could not be traced, leading to the constitu…
STATE OF U.P. AND ANR.versusDR. S.K. SINHA AND ORS.
1994 INSC 5752 December 1994Appeal(s) allowed
Dr. L.B. Sinha, a regular lecturer, went on study leave and Dr. S.K. Sinha was appointed as a temporary lecturer against the leave vacancy. The appointment letter expressly stated that the post was temporary, terminable on 24‑hour notice and salary contingent on UGC funds. When Dr. L.B. Sinha returned, the college canc…
SUGAN CHANDversusTHE DY. DIRECTOR OF CONSOLIDATION, DEHRADUN/SAHARANPUR, U. P. AND ORS.
1994 INSC 5762 December 1994Appeal(s) allowed
Sugan Chand filed a suit under Section 229‑B of the U.P. Zamindari Abolition Act, 1951, claiming possession of certain plots. The trial court and the first appellate court recorded a finding in his favour. While a second appeal was pending, a notification under Section 5 of the U.P. Consolidation of Holdings Act, 1953 …
UNION OF INDIA AND ANR.versusG.K. VAIDYANATHAN AND ORS.
1995 INSC 6732 November 1995Appeal(s) allowed
The dispute concerned seniority in the post of Chargeman Grade‑I in the Ministry of Defence, where recruitment was by promotion and direct recruitment under an 80:20 rotation rule. The first respondent (a promotee) was placed junior to direct recruits in the 1982 seniority list and sought its set‑aside, alleging that t…
SRI MANOHARversusSTATE OF KARNATAKA AND ORS.
1995 INSC 6742 November 1995Disposed off
Sri Manohar appealed against the Karnataka Administrative Tribunal’s dismissal of his service law claim on the ground of laches. The Tribunal had accepted the employer’s explanation for the delay and dismissed the case without a counter‑affidavit from the respondents. The Supreme Court noted that the respondents had no…
PUNJAB STATE AND ANR.versusDARSHAN KUMAR
1995 INSC 6752 November 1995Appeal(s) allowed
Darshan Kumar filed a suit on 25 September 1989 challenging several orders of the competent authority that had withheld his service increments. The trial court held the suit was not barred by limitation because the enquiry procedure under the relevant rules was not followed. The appellate court merely observed that no …
MANDEEP KUMAR ETC.versusSTATE OF HARYANA AND ANR. ETC.
1995 INSC 6762 November 1995Appeal(s) allowed
The appellants, former government employees, were dismissed for multiple unauthorised absences amounting to marginal lapses of one to two days. They challenged their dismissal before the Supreme Court, seeking reinstatement with full back‑pay. The Court examined whether such marginal lapses warranted dismissal or could…
STATE OF MANIPURversusSHRI NAMBAM DWIJEN SINGH AND ORS.
1995 INSC 6772 November 1995Disposed off
The State of Manipur appealed a Gauhati High Court order that had upheld the filling of vacant Executive Engineer posts in the Civil Circle of the Electricity Department without directing the government to fill all vacancies. The Supreme Court observed that before deciding the merits, the State Government must first ta…
STATE OF GUJARATversusNARGES K. PANTHAKY
1995 INSC 6782 November 1995Appeal(s) allowed
The State of Gujarat initiated proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 to determine the ceiling and surplus area of a parcel of land. The respondent claimed that an agreement dated 14 October 1969 had transferred 30 acres to his mother, a transfer that had been recorded through mutation on 15…
INDER SINGH AND ORS.versusUNION OF INDIA AND ANR.
1995 INSC 6792 November 1995Dismissed
The Land Acquisition Collector issued an award fixing compensation for three belts of land. Twenty‑two landowners, including the appellants, signed Form K under Rule 9(5)(i) of the Rules, thereby accepting the compensation without protest. Subsequently the appellants filed a writ petition in the Punjab & Haryana High C…
THE CANTONMENT BOARD. JABALPLIR AND ORS.versusSRI S.N. AWASTHI AND ORS.
1995 INSC 6802 November 1995Disposed off
The Jabalpur Cantonment Board had initially granted permission to S.N. Awasthi and others to construct a building, but later cancelled it. The respondents challenged the cancellation before the High Court, which set aside the cancellation on grounds of natural justice, lack of distinction between the Military Estates O…
M/S. LONGIA BIRL COMPANY THROUGH MD. ZIRAZUDDINversusUNION OF INDIA AND ORS.
1995 INSC 6812 November 1995Disposed off
M/s Longia Bir Company, through its MD, appealed to the Supreme Court against a Patna High Court order dismissing its writ petition concerning the computation of liability under the Provident Fund Miscellaneous Provisions Act, 1952. The appellant argued that it was not given an opportunity to be heard before the liabil…
BAPU MAHADU. MALI & ORS.versusVITHALRAO BHAUSAHEB DESHMUKH AND ANR.
1995 INSC 6822 November 1995Dismissed
In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, which under Section …
THE SPECIAL LAND ACQUISITION OFFICERversusSIDDAPPA UJANAPPA MADAR
1995 INSC 6832 November 1995Appeal(s) allowed
The Special Land Acquisition Officer appealed against a compensation order awarded to Siddappa Ujanappa Iviadar, challenging the applicability of Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act. The Court observed that the questions raised had already been decided b…
GAUHATI UNIVERSITYversusSHRI NIHARLAL BHATTACHARJEE
1995 INSC 6842 November 1995Appeal(s) allowed
The Gauhati University was served a summons on 28 May 1990 to appear on 29 May 1990 in a suit. The University sought an adjournment, the case was adjourned to 19 July 1990, but the new date was never communicated, leading to an ex parte decree. The University filed an application under Order IX Rule 13 of the CPC to se…
STATE OF HARYANA AND ANR.versusMANOJ KUMAR AND ANR.
1993 INSC 3562 November 1993
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 events, and his testimony…
KISHAN SINGHversusSTATE OF UTTAR PRADESH
1992 INSC 2972 November 1992Appeal(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 his counsel appeared, …
UNION OF INDIAversusMOHAN SINGH RATHORE AND ANR.
1996 INSC 9782 September 1996Disposed off
Mohan Singh Rathore, a Rajasthan State Police Service officer, was placed on the select list for promotion to the Indian Police Service (IPS) and his name was approved by the UPSC. The State Government failed to issue the mandatory "no deterioration certificate" before his retirement on 31 May 1988, and consequently hi…
SHARAFAT HUSSAIN (DEAD) THROUGH LRS.versusMOHD. SHAFIQ AND ORS.
1996 INSC 9792 September 1996Appeal(s) allowed
The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An application filed la…
STATE OF KARNATAKA AND ORS.versusS.M. KOTRAYYA AND ORS.
1996 INSC 9802 September 1996Appeal(s) allowed
The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held that the government …
D. RADHAKRISHNANversusUNION OF INDIA AND ORS.
1996 INSC 9812 September 1996Dismissed
D. Radhakrishnan, appointed to the Tamil Nadu State Police Service in 1979, was transferred to a cadre post in July 1980 and continuously officiated there. He was first placed on the UPSC‑approved select list in 1979 (continued for 1980), omitted in 1981 due to lack of vacancies, and re‑included in 1982. The Central Ad…
ALLAHABAD DEVELOPMENT AUTHORITYversusNASIRUZZAMAN AND ORS.
1996 INSC 9822 September 1996Appeal(s) allowed
The Allahabad Development Authority had acquired 23 bighas 19 biswas of land for a Transport Nagar Scheme by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 and taking possession on 2 November 1977 under Section 17(4). The acquisition was later declared to have lapsed under Section 11-A of t…
SH. SUVARAN RAJARAM BANDEKAR AND ORS.versusSH. NARAYAN R. BANDEKAR AND ORS.
1996 INSC 9832 September 1996Dismissed
The Supreme Court heard a civil appeal challenging a Bombay High Court order that dealt with a consent decree between the parties concerning payment of amounts and the handover of registration certificates (R.C.) for certain vehicles. The appellants sought modification of the payment schedule under the consent decree w…
UNION OF INDIA AND ANR.versusTHE SPECIAL LAND ACQUISITION OFFICER & ORS.
1996 INSC 9842 September 1996Dismissed
The Union of India and another party, as tenants of a plot in Worli Estate, challenged a compensation award made by the Special Land Acquisition Officer under the Land Acquisition Act, 1894. They argued that the award of Rs. 8300 per square foot was excessive and that, as tenants, they were entitled to pro‑rata compens…
ARULMIGHU LAKSHMINARASIMHASWAMY TEMPLE SINGIRIGUDIversusUNION OF INDIA AND ORS.
1996 INSC 9852 September 1996Appeal(s) allowed
The case concerned a piece of land acquired under the Land Acquisition Act, 1894 for a public purpose. After the acquisition, a dispute arose over who was entitled to receive the compensation. The single judge had declared the title in favour of the petitioner and the division bench directed a civil court to determine …
SHRI CHANDRAGAUDA RAMGONDA PATIL AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS ETC.
1996 INSC 9862 September 1996Dismissed
The petitioners challenged the acquisition of land by the State of Maharashtra under the Maharashtra Regional Town Planning Act and the Land Acquisition Act, 1894, arguing that surplus land should be returned to them based on a government resolution. The land had been taken in 1974, an award was made in 1977, and after…
KUMARI MADHURI PATIL AND ANR.versusADDL. COMMLSSIONER, TRIBAL DEVELOPMENT AND ORS.
1994 INSC 3482 September 1994Dismissed
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 that they were Koli o…
D. KRISHNA MURTHY AND ANR.versusTHE STATE OF A.P. AND ORS.
1994 INSC 3512 September 1994Appeal(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 order was upheld by th…
SARVINDER SINGHversusDALIP SINGH AND ORS.
1996 INSC 8172 August 1996Appeal(s) allowed
Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of Rajender Kaur, alienated th…
CENTRAL WELFARE BOARD AND ORS.versusMS. ANJALI BEPARI AND ORS.
1996 INSC 8182 August 1996Case Partly allowed
Ms. Anjali Bepari was appointed as a Gram Sevika under the Central Social Welfare Board Scheme against a casual vacancy on 11 February 1992 and sought regularisation of her services. The Single Judge of the Calcutta High Court rejected her claim, holding the appointment was not in accordance with the rules, but a Divis…
KASHINATH KHER AND ORS.versusSHRI DINESH KUMAR BHAGAT AND ORS.
1997 INSC 4672 May 1997Dismissed
Petitioners Kashinath Kher and others filed contempt petitions under Section 23 of the Contempt of Courts Act, 1971, alleging that respondents, including Dinesh Kumar Bhaghat, failed to implement the Supreme Court's directions in State Bank of India & Ors. v. Kashinath Kher & Ors. (1996) 8 SCC 762 concerning the prepar…
SRI GANGANAGAR URBAN CO-OPERATIVE BANK LTD.versusPRESCRIBED AUTHORITY AND ORS.
1997 INSC 4682 May 1997Disposed off
Ten workmen were employed by Sri Ganganagar Urban Co‑operative Bank in 1992 and were dismissed on 5 June 1992 without any prior notice or payment in lieu of notice. They filed an application before the Industrial Tribunal under Section 33(c‑2) of the Industrial Disputes Act seeking reinstatement with full back wages. T…
THE EXECUTIVE ENGINEERversusK. SOMASETTY AND ORS.
1997 INSC 4692 May 1997Appeal(s) allowed
The respondent was engaged on daily wages for a state‑run project that was closed, leading to his discharge. He filed a claim under Section 10 of the Industrial Disputes Act seeking continuity of service and back wages. The Labour Court and the Karnataka High Court held that he was entitled to reinstatement with back w…
SMT. RATAN KAURversusUNION OF INDIA AND ORS.
1997 INSC 4702 May 1997Disposed off
The case concerned a 68‑acre government lease in the Andaman & Nicobar Islands originally granted to Khansahib Naban Ali for 30 years in 1922. After his death, the lease was transferred to the appellant’s father‑in‑law and subsequently to the appellant, who applied for a renewal/assignment after the initial term expire…
DEVI SINGHversusSTATE OF HARYANA AND ORS.
1997 INSC 4712 May 1997Dismissed
The case concerned the Sardarajanti Kalan Cooperative Agricultural Service Society, where the President, along with the Secretary and Treasurer (Cashier), were held jointly liable for an unaccounted sum of Rs 65,726.59. An award under the Haryana Cooperative Societies Act had found the three officers responsible, which…
SUKHDEOversusTHE.COMMISSIONER AMRAVATI DIVISION, AMRAVATI AND ANR.
1996 INSC 6162 May 1996Appeal(s) allowed
Sukhdeo, a Class III government employee with 30 years of service but under 55 years of age, was compulsorily retired on 23 March 1990 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, based on adverse remarks in his confidential reports for 1987‑88 and 1988‑89. The remarks were contradictory…
STATE OF KARNATAKA & ORS.versusN. MADAPPA AND ORS. ETC.
1996 INSC 6172 May 1996Dismissed
The State of Karnataka, by the Karnataka Motor Vehicles Taxation (Amendment) Act 1989, inserted sub‑section (4) in Section 3 of the Karnataka Motor Vehicles Taxation Act, 1957, imposing a special additional tax on each occasion a motor vehicle carries passengers in excess of its permitted capacity. The respondents chal…
PT. RISHIKESH AND ANR. ETC.versusSMT. SALMA BEGUM ETC. ETC.
1995 INSC 3252 May 1995
The petitioners, tenants, challenged the validity of Order 15 Rule 5 of the Code of Civil Procedure, which had been inserted by the Uttar Pradesh Civil Laws (Amendment) Act, 1972 and later amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, on the ground that it was repugnant to the CPC Central (…
RAGHUBAR DAYAL (DEAD)versusSTATE OF U.P. AND ORS.
1995 INSC 3302 May 1995Dismissed
The appellant, Raghubar Dayal (deceased), was granted parcels of land in 1956 under the Government Grants Act, 1895 for personal cultivation, subject to lease‑like covenants. In 1974 the prescribed authority, invoking the U.P. Imposition of Ceiling on Land Holdings Act, 1960, issued a notice determining surplus land an…
ARJUNA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 3312 May 1995Appeal(s) allowed
The appellants challenged the High Court's finding that the respondents, being within the ceiling limit under the Maharashtra Land Ceiling Act, could not be declared surplus land holders and thus the allotment of surplus land to them was illegal. The Supreme Court directed both parties to produce the land return filed …
VIJAY PAL SINGH AND ANR.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.
1995 INSC 3322 May 1995Disposed off
A landowner died leaving three sons; one son, B, died leaving his widow S, who occupied his one‑third share for maintenance under Section 11 of the U.P. Zamindari and Land Reforms Act, 1950. After S's death, her daughter C claimed the same one‑third share in consolidation proceedings. The Settlement Officer held S’s ri…
HARNAM SINGH (DEAD) THROUGH LRS ETCversusSMT. KHEMA KUNWAR (DEAD) THROUGH LRS AND OTHERS
1994 INSC 1822 May 1994
The case concerned whether a widow, classified as a disabled person under Section 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, could be treated as a "land‑holder" under Section 21(1)(h) and thereby render her tenants Asamis. The widow, Smt. Khema Kunwar, had executed a thekanama in 1939 in favour …
MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.versusTHE CENTRAL BANK OF INDIA AND ANR. ETC.
1994 INSC 1832 May 1994
The Bombay Municipal Corporation (BMC) widened public streets and acquired portions of land under sections 298 and 299 of the Bombay Municipal Corporation Act, 1888. The Commissioner offered Rs 80 per square yard as compensation, which the owners rejected; the Court of Small Causes awarded market‑value compensation of …
DR. UMRAO SINGH CHOUDHARYversusSTATE OF M.P. AND ANR.
1994 INSC 1842 May 1994
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 vacate office, causi…
K. MANLCKARAJversusUNION OF INDIA
1997 INSC 3492 April 1997Appeal(s) allowed
The appellant, a Scheduled Caste employee of Indian Railways, was promoted up to Welfare Inspector Grade III and sought promotion to Grade II after a restructuring increased the proportion of posts in each grade. The restructuring raised the total Grade II posts from 23 to 26, which, with a 15% reservation for Schedule…
KAMLESHWAR PRASADversusPRADUMANJU AGARWAL (DEAD) BY LRS.
1997 INSC 3502 April 1997Leave Granted & Dismissed
The landlord filed an eviction suit under Section 21(1)(a) of the Uttar Pradesh Premises (Regulation of Rent and Eviction) Act, 1972, claiming a bona‑fide need for the premises to start a cloth business. The prescribed authority rejected the claim, but the appellate authority reversed that decision and ordered eviction…
THE ASSISTANT COMMERCIAL TAX OFFICER-CUM-ENTERTAINMENT TAX OFFICERversusSHRI NARASIMHAIAH AND ORS.
1997 INSC 3512 April 1997Appeal(s) allowed
The Supreme Court examined whether the Karnataka Entertainment Tax authorities could reassess "escaped turnover" for periods prior to the commencement of Rule 29‑F, which prescribes a five‑year limitation for exercising the power under Section 6‑B of the Karnataka Entertainment Tax Act, 1958. The High Court had held th…
S. GURDIAL SINGH AND ORS.versusLUDHIANA IMPROVEMENT TRUST
1997 INSC 3522 April 1997Dismissed
The Supreme Court heard an appeal by special leave against a Punjab & Haryana High Court order dismissing a writ petition that challenged the Ludhiana Improvement Trust's land acquisition. The Trust had issued notifications under the Punjab Town Improvement Act, 1922 (equivalent to Section 4(1) of the Land Acquisition …
KARUNA RAM MEDHI AND ORS.versusKAMAKHYA PRASAD BARUAH AND ANR.
1997 INSC 3532 April 1997Dismissed
The appellant (landlord) leased land to the respondent (tenant) in 1953 for seven years. The tenant built a house within five years, which was destroyed by fire in 1958 and subsequently rebuilt. The landlord served a notice to vacate on 12 December 1959 without the one‑month period required under Section 11 of the Assa…
DIRECTOR OF SCHOOL EDUCATIONversusT. LEKSHMAIAH AND ORS.
1997 INSC 3542 April 1997Appeal(s) allowed
The respondents, originally Senior Assistant Grade‑II teachers, were promoted to Grade‑I and claimed entitlement to graded advance increments based on their total length of service under Government Order (G.O.) No. 41 dated 4 February 1980. The Tribunal had set aside their claim on a procedural ground, holding that the…
STATE OF ORISSA AND ORS.versusSHRI RAMANATH PATNAIK
1997 INSC 3552 April 1997Appeal(s) allowed
Ramanath Patnaik, who entered the Orissa State service as a clerk in 1944, had his date of birth recorded as 1 January 1921 based on his matriculation certificate. After retiring in 1976, he filed a suit in 1981 seeking a declaration that his correct date of birth was 1 January 1925. The trial court dismissed the suit,…
VANKAMAMIDL VENKATA SUBBA RAOversusCHATLAPALLI SEETHARAMARATNA RANGANAYAKAMMA
1997 INSC 3562 April 1997Appeal(s) allowed
V. Satyanarayana died leaving his widow Raghavamma, a minor son (the appellant) and a daughter (the respondent). A 1955 compromise decree partitioned the estate, granting the widow a life interest with reversion to the son. After the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) Act, 1948, the settlem…
UNION OF INDIA THROUGH DEPUTY SALT COMMISSIONER BOMBAYversusSH. PURANMAL LALCHAND MUNDRA AND ANR.
1996 INSC 4702 April 1996Disposed off
The respondents applied for renewal of a salt licence under the Central Excise (Salt) Act, 1944. The Union of India, represented by the Deputy Salt Commissioner, insisted that renewal could be granted only if the respondents were the owners or lessees of the land on which the salt works were situated. The respondents h…
HUKAM CHAND AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.
1996 INSC 4712 April 1996Dismissed
The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not appeal to the High Court…
UNION OF INDIA, THROUGH CHIEF OF REVENUE, CENTRAL COALFIELDS LTD., RANCHIversusJANKI MAHTO AND ORS.
1996 INSC 4722 April 1996Appeal(s) allowed
The Union of India, through the Chief of Revenue, Central Coalfields Ltd., appealed against a Bihar High Court order that had granted an interim stay of execution of an award in favour of Janki Mahato and others. The High Court had also ordered service of notices on a large number of respondents. The sole question befo…
SUSHILA DEVI ETC.versusSTATE OF HARYANA AND ANR.
1996 INSC 4732 April 1996Disposed off
The case concerned the appointment of 230 supervisor posts in Haryana, of which a portion were reserved for Scheduled Castes, Backward Classes, and Ex‑Servicemen. After the Subordinate Services Selection Board finalized the reservation, 136 general‑category candidates obtained stay orders and were appointed on an ad‑ho…
DY. GENERAL MANAGER, REDESIGNATED AS DY. DIRECTOR, !SB ETC.versusSUDARSHAN KUMAR AND ORS. ETC.
1996 INSC 4742 April 1996Case Partly allowed
The Delhi government had granted a shop licence on compassionate grounds to the widow of a freedom fighter in 1992. The respondent applied for renewal in 1994, but the renewal application, affidavit and vakalatnama were not signed by her, indicating forgery. A show‑cause notice was issued for eviction and the responden…
ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR.versusSTATE OF U.P. AND ORS.
1996 INSC 4752 April 1996Dismissed
The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. The Association argu…
NAMBURI BASAVA SUBRAHMANYAMversusALAPATI HYMAVATHI AND ORS.
1996 INSC 4762 April 1996Appeal(s) allowed
The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of the other daughter Vim…
SABITRI DEI AND ORS.versusSARAT CHANDRA ROUT AND ORS.
1996 INSC 1672 February 1996Appeal(s) allowed
The decree-holder, a deceased intermediary, obtained a decree for possession of an estate in 1965, but the estate had been vested in the State of Orissa by a notification under Section 3(1) of the Orissa Estate Abolition Act in 1963. The judgment debtor filed a Section 47 CPC objection, and the executing court dismisse…
NITYANAND SHARMA AND ANR.versusSTATE OF BIHAR AND ORS .
1996 INSC 1652 February 1996Dismissed
The appellants, two assistant teachers belonging to the Lohar caste, claimed that they were a Scheduled Tribe under the Scheduled Castes and Scheduled Tribes Order, 1950 (as amended in 1976) and sought promotion under the ST quota. They relied on the Hindi version of the Schedule, which listed "Lobar," and on earlier H…
SURENDRA KUMARversusPHOOLCHAND (DEAD) THROUGH LRS. AND ANR.
1996 INSC 1682 February 1996Dismissed
The appellant Surendra Kumar purchased 25.12 acres of land in 1961 in his name, with his grandfather acting as guardian, and the land was later acquired by the government for an industrial area. An award under Section 11 of the Land Acquisition Act, 1894 granted compensation to the appellant, but the respondents, membe…
INDIAN ALUMINIUM CO. ETC. ETC.versusSTATE OF KERALA AND ORS.
1996 INSC 1692 February 1996Dismissed
The petitioners challenged the Kerala Electricity Surcharge (Levy and Collection) Act, 1989, alleging that it imposed a tax on the supply of electricity beyond the State's legislative competence and that Section 11, which retrospectively validated earlier surcharges, infringed judicial power. The Court examined whether…
V.P. SHRIVASTAVA AND ORS.versusSTATE OF M.P. AND ORS.
1996 INSC 1702 February 1996Appeal(s) allowed
The appellants, direct recruits appointed as Assistant Directors of Industries on 29‑09‑1980 under the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1965, challenged a seniority list that placed ad‑hoc promotee respondents, appointed on 27‑09‑1980 without Public Service Commission approval, abov…
SMT. PUTTAHONNAMMAversusC. GANGADHARA MURTHY AND ORS.
1996 INSC 1722 February 1996Appeal(s) allowed
The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, setting aside the ori…
STATE OF RAJASTHANversusSEVA RAM AND ORS.
1996 INSC 1732 February 1996Disposed off
The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s order dated 12 January …
MUNICIPAL COMMITIEE, ABOHARversusREGIONAL COMMISSIONER, E.S.I. CORPN. AND ANR.
1996 INSC 1742 February 1996Appeal(s) allowed
The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the Insurance Court affirmed the…
SURINDER KUMAR AND ANR.versusISHWAR DAYAL AND ANR.
1996 INSC 1752 February 1996Appeal(s) allowed
The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been replaced by a new 9‑in…
ST ATE OF MAHARASHTRA ETC.versusDIGAMBAR BHIMASHANKAR TANDALE AND ORS. ETC.
1996 INSC 1762 February 1996Case Partly allowed
The Supreme Court considered the compensation payable for 12.5 acres of land acquired by the State of Maharashtra for extending a thermal power station. The original award fixed Rs 3,000 per acre, later enhanced on a per‑square‑foot basis, which the Court held to be illegal. It ruled that compensation cannot be based o…
SUB-DIVISIONAL INSPECTOR OF POST, VAIKAM AND ORS. ETC.versusTHEYYAM JOSEPH ETC.
1996 INSC 1772 February 1996Dismissed
The case concerned several Extra‑Departmental Agents (EDAs) of the Postal Department who were terminated without notice. The appellants argued that EDAs are appointed under specific service rules and are not permanent employees, therefore the Postal Department is not an "industry" and the agents are not "workmen" under…
DEEP CHAND AND ORS.versusLAND ACQUISITION OFFICER AND ORS.
1994 INSC 402 February 1994Dismissed
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 that the land to be …
RAVI RAMAN PRASAD AND ANR.versusSTATE OF BIHAR AND OTHERS
1993 INSC 312 February 1993Appeal(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 possession, leading to a cr…
MEETHIYAN SIDHIQUversusMUHAMMED KUNJU PAREETH KUTTY AND ORS.
1996 INSC 22 January 1996Dismissed
The case concerned a sale of immovable property belonging to a Muslim minor, whose father had died. The mother, acting as guardian, executed the sale to the appellant in 1949. The question before the Supreme Court was whether, under Muslim law, the mother could be a legal guardian of the minor’s property and thus valid…
CANTONMENT BOARD AND ANR.versusMOHANLAL AND ANR.
1996 INSC 12 January 1996Appeal(s) allowed
The appellant Cantonment Board issued notices under Sections 85, 256 and 185 of the Cantonment Act, 1924 demanding demolition of illegal construction on the respondent’s property. The respondent continued construction, filed a representation, and later filed a writ petition alleging violation of natural justice because…
SIKH NEWSPAPER LTD.versusD.M. JALANDHAR AND ORS.
1996 INSC 32 January 1996IA disposed
Sikh Newspaper Ltd., a newspaper company, was unable to function due to a deadlock among its shareholders. The Supreme Court had earlier ordered an arbitrator to determine the genuine shareholders as of 10‑Nov‑1987 and to fix a date for a general body meeting, directing the company to convene the meeting and to maintai…
DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHA ETC.versusTHE STATE OF BIHAR AND ORS. ETC.
1996 INSC 42 January 1996Appeal(s) allowed
The appellant was appointed temporarily as a medical officer in March 1966, then drafted as a commissioned officer in the Army during a national emergency, and later regularized as a Civil Assistant Surgeon on 6 September 1966. The respondents were appointed temporarily on 29 September 1964 and regularized on 15 July 1…
KRISHNA KUMAR AGRAWAL AND ORS.versusJAI KUMAR JAIN AND ANR.
1996 INSC 52 January 1996Disposed off
The case arose from a decree of the trial court directing the defendants to remove a wall that obstructed the plaintiffs' light and air, with a requirement to maintain a three‑foot setback from the northern wall. The appellants argued that the decree, if given a literal meaning, required demolition of the entire double…
SHRI M.L. JAGGIversusMAHANAGAR TELEPHONES NIGAM LTD. AND ORS.
1996 INSC 62 January 1996Appeal(s) allowed
M.L. Jaggi challenged three telephone bills issued by Mahanagar Telephones Nigam Ltd. The dispute was referred to arbitration under Section 7B of the Indian Telegraph Act, 1985, which makes the arbitrator's award conclusive and not open to court challenge. The arbitrator awarded the bills with a rebate on one but gave …
STATE OF MADHYA PRADESH AND ORS.versusKESHAV
1996 INSC 72 January 1996Appeal(s) allowed
The respondent, an Agriculture Engineer, was alleged to have committed misconduct and, after retiring on superannuation on 31 July 1982, a disciplinary inquiry was initiated on 28 July 1984. He challenged the jurisdiction of the Government to prosecute a retired servant, arguing that the Governor must be personally sat…
U. P. KATTHA FACTORIES ASSOCIATIONversusTHE STATE OF U.P. AND ORS.
1996 INSC 82 January 1996Dismissed
The appellant, an association of small‑scale Khair‑wood based industries, challenged a government policy that imposed a complete ban on registration of such units after 11 December 1986, arguing that it discriminated against units registered after that date and violated Article 14 of the Constitution. The Supreme Court…
DEPUTY DIRECTOR (MINERALS), DALONTGUNJ CIRCLE ETC.versusMUSTAK ALI AND ORS.
1996 INSC 92 January 1996Appeal(s) allowed
The Supreme Court considered appeals by the Deputy Director (Minerals), Dalantgunj Circle and related officials against a Patna High Court order directing them to appoint candidates for Class III and IV posts from a list prepared by the Deputy Commissioner/District Magistrate. The appellants argued that the Department …
PUNJAB STATE ELECTRICITY BOARD PATIALA AND ANR.versusSAWINDER SINGH
1996 INSC 102 January 1996Dismissed
The Punjab State Electricity Board (PSU) was directed to consider the promotion of Sawinder Singh as on 14 November 1986, after the Board had abolished its quota system and adopted a seniority‑cum‑merit principle. The Board appealed, arguing that the date of consideration was irrelevant because the legal framework had …
STATE OF ORISSAversusSANGRAM DAS
1995 INSC 12 January 1995Appeal(s) allowed
The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed to the Supreme Cour…
BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.
1995 INSC 22 January 1995Dismissed
Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway Claims Tribunal dismi…
MD. NOORUL HODAversusBIBI RAIFUNNISA AND ORS.
1995 INSC 8211 December 1995Dismissed
The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second sale deed from Rafiqu…
RAJEEV METAL WORKS AND ORS.versusTHE MINERAL METAL TRADING CORPN. OF INDIA LTD.
1995 INSC 8221 December 1995Dismissed
Rajeev Metal Works applied to the District Industry Centre for 300 MT of galvanized steel sheets, which were to be procured by the statutory agency MMTC Ltd. on its behalf. MMTC pooled requirements, placed a consolidated indent with a foreign seller, but could supply only a portion of the quantity; the appellant failed…
GULABRAO KESHAVARAO PATIL AND ORS.versusSTATE OF GUJARAT
1995 INSC 8251 December 1995Dismissed
The appellants challenged the acquisition of land near Surat railway station under the Land Acquisition Act, 1894, after filing objections to the notification. The Revenue Department advised that, considering the objections and a revenue circular, the acquisition could not be sanctioned, while the Urban Development Dep…
SUPER FORGINGS AND STEELS (SALES) PVT.LTD.versusTHYAMBALLY RASULJEE (DEAD) THROUGH LRS.
1994 INSC 5681 December 1994Appeal(s) allowed
Super Forgings and Steels (P) Ltd., the tenant, appealed against an eviction order passed under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The landlord, the late Thyambally Rasuljee, had sought possession on the ground that he did not occupy any building of his own for his bus…
M/S. SHORI LAL AND SONS AND ANRversusDELHI DEVELOPMENT AUTHORITY AND ANR
1994 INSC 5691 December 1994Dismissed
The partnership Mis. Shori Lal and Sons occupied two government plots in Motia Khan and, under the Delhi Development Authority's (DDA) scheme, applied for alternate plots in the Naraina Warehousing Scheme. The DDA allotted them Plot X‑70 (200 sq yds) for one plot and Plot Y‑5 (450 sq yds) for both plots, exceeding the …
AMAR CHANDversusBHANO AND ANR.
1994 INSC 5701 December 1994Appeal(s) allowed
Amar Chand had stood as a surety for a decree of Rs.10,000, which included mesne profits, owed by the principal debtor Dia Singh to the decree holder. The decree holder later entered into a compromise with Dia Singh, recording it without any reference to the surety. The question before the Supreme Court was whether the…
KRISHI UTPADAN MANDI SAMITI AND ANR.versusMAKRAND SINGH AND ORS. ETC.
1994 INSC 5711 December 1994Appeal(s) allowed
The State notified certain lands for acquisition in the Gazette on 19‑02‑1982 and later issued a declaration under Section 6(1) of the Land Acquisition Act, publishing it in the Gazette on 07‑02‑1985, in newspapers on 04‑06‑1987 and by local notice thereafter. The owners challenged the declaration, arguing that the thr…
M/S CHEEMA ENGINEERING SERVICESversusRAJAN SINGH
1996 INSC 12671 November 1996Appeal(s) allowed
Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under Section 2(1)(d) of t…
GOVERNMENT OF A.P. AND ANR.versusG. LAKSHMAN REDDY AND ANR.
1996 INSC 12681 November 1996Dismissed
A compound wall erected at police quarters in Nizamabad obstructed a public way, leading to an ex‑parte decree for its demolition. A warrant for demolition was issued and court officers proceeded to the site, but Circle Inspector Narasimha Raju, Sub‑Inspector Laxminarayana and other police personnel intervened, seized …
ABDUL MAJEED SAHIB AND ANR.versusTHE DISTRICT COLLECTOR AND ORS.
1996 INSC 12691 November 1996Dismissed
The State issued a notification (Section 4) on 16 Oct 1987 and a declaration (Section 6) in June 1988 to acquire land for a telephone exchange. Because the Land Acquisition Officer failed to make a compensation award within the two‑year period prescribed by the newly inserted Section 11‑A (Amendment Act 68 of 1984), th…
SH. VIJAY SINGH, SECRETARY HOME AND ANR.versusMITTANLAL HINDOLIYA
1996 INSC 12701 November 1996Appeal(s) allowed
The respondent, a Sub‑Inspector, applied to the Madhya Pradesh Administrative Tribunal for correction of his date of birth from 5 August 1934 to 16 July 1938. The Tribunal directed the employer to consider his representation, which was subsequently considered and rejected. The respondent then alleged contempt, claiming…
THE GOA STATE CO-OPERATIVE BANK LTD.versusPEDNE TALUKA PRATHAMIK SHIKSHAK PAT SAUNSTHA LTD AND ORS.
1996 INSC 12711 November 1996Appeal(s) allowed
The dispute concerned the conduct of elections to the Goa State Co-operative Bank Ltd., a society whose status under the Multi-State Cooperative Societies Act, 1984 was contested. The High Court had directed the Registrar to hold elections based on the assumption that the society's amended bye‑laws were approved, but t…
B.C. CHATURVEDIversusUNION OF INDIA AND ORS.
1995 INSC 6611 November 1995Appeal(s) allowed
The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the misconduct and dismissed him…
STATE OF TAMIL NADU AND ORS. ETC.versusL. KRLSHANAN AND ORS. ETC.
1995 INSC 6621 November 1995Disposed off
The Supreme Court examined three notifications issued under Section 4 of the Land Acquisition Act for acquiring land for the Tamil Nadu Housing Board. It held that a final and effective scheme under the Tamil Nadu Housing Board Act is not a pre‑condition for issuing such a notification, and that the public purpose stat…
BAWA NIHAL SINGHversusTHE STATE OF PUNJAB THROUGH LAND ACQUISITION COLLECTOR, FARIDKOT.
1995 INSC 6641 November 1995Disposed off
The appellant, Bawa Nihal Singh, filed a civil miscellaneous petition but failed to pay the required deficit process fee and to file the necessary applications despite multiple notices from the court. The court issued several reminders on 15 May 1993, 13 June 1994, 15 July 1994, and 6 August 1994, each time attaching a…
PAPANNA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1995 INSC 6651 November 1995Dismissed
The appellants filed Civil Appeals Nos. 6258‑59 of 1983 challenging the validity of a notification issued under section 4(1) of the Land Acquisition Act. The decree sought to be challenged was common to all appellants and was indivisible. The court had earlier directed the senior‑advocate‑designated counsel to inform t…
STATE OF MAHARASHTRAversusBABU GOVIND GAVATE ETC.
1995 INSC 6661 November 1995Dismissed
The State of Maharashtra acquired land for an electricity sub‑station under the Land Acquisition Act, 1894, awarding Rs 5,000 per acre but deducting one‑third of the amount as interest per a 1972 government circular. The landowner challenged this deduction, and while the appellate court upheld it, the Bombay High Court…
CENTRAL BANK OF !NOIAversusM/S. MADAN LAL AND BROTHERS AND ORS.
1995 INSC 6671 November 1995Disposed off
The Central Bank of India obtained a decree against M/s. Madan Lal and Brothers for a debt and directed execution against a hypothecated factory premises. The respondents contended that the property should be sold at its market value, with the proceeds applied to the decree, and that any shortfall could be recovered fr…
SMT. INDUMATI CHITALEYversusGOVERNMENT OF INDIA AND ANR.
1995 INSC 6681 November 1995Appeal(s) allowed
The Central Government acquired 17.57 acres of land within Nagpur municipal limits for a grain godown under the Land Acquisition Act, 1894. The acquisition officer paid compensation based on a per‑square‑foot market value, while the reference court and the High Court used differing methods, leading to a dispute over th…
SMT. JAYAMMA AND ANR.versusSMT. THIMMAMMA (DEAD) BY L.RS.
1995 INSC 6691 November 1995Appeal(s) allowed
The respondents, daughters of Doddahanumegowda, filed a suit seeking exclusive possession of his coparcenary property, asserting that as the sole surviving coparcener D could bequeath the entire estate to them. The appellants, daughters of D’s predeceased son Chikhanumegowda, claimed a right to a share under the Hindu …
MARWARI PANCHAYAT, AMRITSAR ETC.versusSTATE OF PUNJAB AND ORS.
1995 INSC 6701 November 1995Dismissed
The appellant challenged the validity of land acquisition proceedings initiated by Khanna Improvement Trust under the Punjab Town Improvement Act, 1922. The High Court dismissed the writ petition on the ground that it was filed belatedly, having been filed in 1988 despite the notification of acquisition being published…
YADU NANDAN GARGversusSTATE OF RAJASTHAN AND ORS.
1995 INSC 6711 November 1995Dismissed
The appellant purchased land in 1970 and built a house after a preliminary notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 had been issued in 1963 for the planned development of Jaipur. The declaration under Section 6 was only published in 1991, and the appellant’s applications for exemption…
SHRI JAGDISH SINGHversusSTATE OF HARYANA AND ORS.
1995 INSC 6721 November 1995Dismissed
The case concerned Jagdish Singh's challenge to the compensation awarded for land acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed different rates for two blocks, which were later consolidated by the reference court and the Punjab & Haryana High Court to a uniform rate of Rs 10 per…
PUNJAB WAKF BOARDversusSHAKUR MASIH
1996 INSC 11341 October 1996Dismissed
Najaf Khan executed a will bequeathing all his property to his son's mother‑in‑law, Musamat Kariman, and added a note stating that after her death the property would become a wakf for the maintenance of a mosque. The Punjab Wakf Board sued to have the property declared a wakf, but the lower courts held that the wakf ha…
BRIJ KISHORE SHARMA AND ANR.versusM/S RAM SINGH AND SONS AND ORS.
1996 INSC 11351 October 1996Dismissed
The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been joined as parties. The…
SMT. GOMTIBAI (DEAD) THROUGH LRS. AND ORS.versusMATTULAL (DEAD) THROUGH LRS.
1996 INSC 11361 October 1996Dismissed
The dispute concerned a partition suit filed by Mattulal against his brother Govinddas, wherein Govinddas claimed that the land had been gifted to their cousin sister Kasturibai. The lower courts held that the alleged gift was not valid because no registered deed, signed by the donor and attested by two witnesses, exis…
P. RAVINDRAN AND ORS.versusUNION TERRITORY OF PONDICHERRY AND ORS.
1996 INSC 11371 October 1996Dismissed
The petitioners were appointed as ad‑hoc lecturers in the Union Territory of Pondicherry and later appeared for regular recruitment through the Public Service Commission but were not selected. They filed petitions before the Central Administrative Tribunal seeking regularisation of their services. The Tribunal dismisse…
LAXMANRAO BAPURAO JADHAV AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS .
1996 INSC 11381 October 1996Appeal(s) allowed
The State of Maharashtra issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for housing weaker sections, followed by a declaration under Section 6 after an enquiry. Respondent No.3 challenged the acquisition, arguing that Section 3-A of the Bombay (Amendment) Act, 1945 required t…
STATE OF U.P.versusAMAR SINGH ETC
1996 INSC 11391 October 1996Appeal(s) allowed
The Supreme Court examined whether lands alienated by Kishun Singh to his sons and daughters‑in‑law on 10 September 1970, prior to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act amendment, should be treated as owned by the sons or as ostensible holdings of the tenure‑holder. The Court held that Explanatio…
U.P. SALES TAX ASSN.versusTAXATION BAR ASSOCIATION AND ORS.
1995 INSC 5251 September 1995Appeal(s) allowed
The Uttar Pradesh Sales Tax Association challenged a writ issued by the Allahabad High Court that restrained a Deputy Commissioner (Appeals) Sales Tax, Agra, from exercising his quasi‑judicial powers under Section 9 of the Uttar Pradesh Sales Tax Act, 1948, and ordered the transfer of his pending cases. The Bar Associa…
SH. MEHNGA SINGH, EX-SUB INSPECTORversusINSPECTOR GENERAL OF POLICE, PAP, JALANDHAR CANTT. AND ORS.
1995 INSC 5261 September 1995Appeal(s) allowed
The appellant, an Inspector of Police, was dismissed for failing to deposit his service revolver and six live cartridges, claiming the loss occurred because he shared a room with two colleagues. The court examined whether dismissal was a proportionate punishment given his unblemished service record up to 1989 and the p…
THE COMMISSIONER, RELIGIOUS AND CHARITABLE ENDOWMENTS, BANGALORE AND ORS.versusKASLIYAPPA GURUKULA SRI VIDYA SHALA
1995 INSC 5271 September 1995Appeal(s) allowed
The Government was set ex‑parte in a suit and an ex‑parte decree was passed against it. The State filed an application on 17 February 1984 to set aside that decree, claiming it had knowledge of the decree on 15 February 1984 when its office was informed. The Karnataka High Court dismissed the application on the ground …
HIMACHAL PRADESH STATE ELECTRICITY BOARD, SHIMLA AND ORS. ETC. ETC.versusTIRATH RAJ AND ORS. ETC. ETC.
1995 INSC 5281 September 1995Disposed off
The Himachal Pradesh State Electricity Board appointed certain employees on daily wages as temporary mates who performed the duties of clerks and claimed equal pay with regular clerks. The High Court allowed the claim and held it had jurisdiction to decide the dispute, reasoning that the Administrative Tribunal Act, 19…
RAM KISHANversusUNION OF INDIA AND ORS.
1995 INSC 5291 September 1995Appeal(s) allowed
Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), acting as disciplinary …
K. KANDASWAMYversusUNION OF INDIA AND ANR.
1995 INSC 5301 September 1995Dismissed
K. Kandaswamy, an IPS officer, was compulsorily retired by the Government of India under Rule 56(j) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, after a special report raised doubts about his integrity, including a suspicious request to purchase a coffee estate. He challenged the order before …
B.D. JADHAVARversusK.D. BHAGWAN AND ORS.
1995 INSC 5311 September 1995Dismissed
The appellant was initially appointed as an ad‑hoc lecturer in a college that lacked sufficient students, and was transferred to another college where he was directed to report for duty. Instead of reporting, he demanded a regular appointment, which was refused, and he obtained a tribunal order directing his regular ap…
RATIAN KUMAR TANDON AND ORS.versusSTATE OF UTIAR PRADESH
1996 INSC 8161 August 1996Dismissed
The appellants, R.K. Tandon and others, held lease‑hold rights over 22,528 sq. yd of land in Allahabad that was acquired by the State under the Land Acquisition Act, 1894. The Land Acquisition Officer awarded compensation of Rs 4,57,750.88; the reference court fixed Rs 500 per sq. yd for land, Rs 50,000 for trees and R…
AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.
1997 INSC 4591 May 1997Leave Granted & Disposed off
The appellant, Agauta Sugar and Chemicals, had failed to pay approximately Rs 29 crore owed to cane growers and societies for sugarcane supplied, leading the District Collector to attach the factory’s sugar stock‑in‑hand. The factory filed a writ petition challenging the attachment, and the High Court issued interim di…
M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.
1997 INSC 4601 May 1997Disposed off
The Supreme Court approved a rehabilitation scheme for Ashok Paper Mills, Darbhanga, and ordered its implementation after the IDBI reneged on loan commitments. The petitioners, representing the mill workers, sought the Court's intervention to compel the Finance Ministry and IDBI to honour the scheme despite technical o…
SRI RAJ PAL VERMA AND ORS.versusCHANCELLOR OF MEERUT UNIVERSITY (RENAMED AS CH. CHARAN SINGH UNIVERSITY), RAJ BHAWAN, LUCKNOW AND ORS.
1997 INSC 4611 May 1997Leave Granted & Dismissed
The case concerned the appointment of K.K. Sharma as Professor of Ancient History at Meerut University. The Selection Committee, lacking two external experts, selected Sharma, but the Executive Council rejected the selection because Sharma did not hold a Ph.D. in Ancient History. Under Section 31(8)(a) of the U.P. Univ…
PURNA CHANDRA NANDAversusSTATE OF ORISSA AND ANR.
1996 INSC 6061 May 1996Dismissed
Purna Chandra Nanda, a Veterinary Extension Officer, was posted as Dairy Overseer in 1969 and claimed promotion to Dairy Supervisor, subsequently serving as Farm Manager. He sought equal pay for equal work, arguing that the Farm Manager post, being interchangeable, entitled him to the pay scale of a Class II Gazetted o…
HAL EMPLOYEES UNIONversusTHE PRESIDING OFFICER AND ANR.
1996 INSC 6071 May 1996
The HAL Employees Union appealed against a lock-out imposed by the employer from 4/5 June 1978 to 18 June 1978, during which wages were deducted. The Industrial Tribunal had held the lock-out to be both legal and justified, and therefore no wage claim arose. The appellant argued that the strike preceding the lock-out w…
SH. N.K. SHARMAversusTHE PRESIDING OFFICER LABOUR COURT, SHIMLA AND ORS.
1996 INSC 6081 May 1996Dismissed
The appellant, initially appointed as a Store Munshi in a work‑charged establishment, was later regularised and promoted to Store Keeper in the regular cadre. A rationalisation scheme dated 5 September 1988 was introduced to align pay scales and promotional avenues of work‑charged employees with those in the regular ca…
K. MOOSA HAJJ'S WIDOW SMT. KANNDIYIL AYISSU AND ORS.versusEXECUTIVE OFFICER, SREE LAKSHMI NARASIMHA TEMPLE
1996 INSC 6091 May 1996Dismissed
The appellants, the widow of K. Moosa Hajj and others, claimed possession of land belonging to the Sree Lakshmi Narasimha Temple, asserting rights based on an original 1921 agreement for 3½ cents and a later purchase certificate covering 10‑3/10 cents. The temple's Executive Officer filed a suit for eviction, and while…
INDORE DEVELOPMENT AUTHORITYversusTARAK SINGH AND ORS. ETC. ETC.
1995 INSC 3171 May 1995Disposed off
The Indore Development Authority (IDA) acquired land under the Land Acquisition Act, 1894 and a reference court enhanced the compensation from Rs. 25,000 to Rs. 88,000 per hectare. IDA filed a memorandum of appeal in the Madhya Pradesh High Court, paying the fixed court fee, but the High Court ordered it to pay an ad v…
VIDYAWATIversusMAN MOHAN AND OTHERS
1995 INSC 3211 May 1995Dismissed
The plaintiffs filed a suit for possession of a property against the first defendant, who was deceased, and the second defendant, the petitioner. The petitioner sought to file an additional written statement asserting title under a will, but the trial court dismissed the application, holding that a legal representative…
K. RAHEJA CONSTRUCTIONS LTD. AND ANR.versusALLIANCE MINISTRIES AND ORS.
1995 INSC 3221 May 1995Dismissed
The petitioners filed a suit for a permanent injunction to restrain the respondents from dealing with a trust property. After the suit was filed, they discovered that the Charity Commissioner had granted permission to sell the property and sought to amend the plaint under Order 6 Rule 17 to claim specific performance o…
TAR MOHAMMED AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.
1997 INSC 3441 April 1997Dismissed
The appellants claimed tenancy rights over a 689.28‑acre partnership property that had been declared evacuee property after one partner migrated to Pakistan. They argued that, under Section 12(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, a tenancy existing before 14 August 1947 could not be …
RANDHIR SINGH AND ORS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.
1997 INSC 3451 April 1997Dismissed
The appellants and respondents were holding haats (market places) on land in Uttar Pradesh. The dispute centered on whether the Settlement Officer under the U.P. Consolidation of Holdings Act, 1954 could adjudicate a case involving buildings on that land used for commercial purposes. Section 3(5) of the Act defines "la…
SEWA RAM AND ORS.versusUNION OF INDIA AND ORS.
1997 INSC 3461 April 1997Dismissed
Mohd. Marghoob Siddiqui, who had migrated to Pakistan before 1947 and became a Pakistani citizen, claimed Bhumidari rights of his mother Kabool Fatima after her death in 1965 and sold the land to the appellants. The Union of India and others initiated proceedings under the Enemy Property Act, 1968, asserting that Siddi…
PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.
1997 INSC 3471 April 1997Disposed off
The petitioners, manufacturers of Ayurvedic, Siddha and Unani drugs, challenged the amendment to Section 3(h) of the Drugs and Cosmetics Act, 1940, arguing that it arbitrarily prohibited the manufacture of drugs administered by the parenteral route and violated Articles 14 and 19(1)(g) of the Constitution. The Court ex…
PRATAP PHARMA PVT. LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS.
1997 INSC 3481 April 1997Disposed off
Pratap Pharma Pvt. Ltd. and others filed writ petitions under Article 32 challenging the amendment of Section 3(h) of the Drugs and Cosmetics Act, 1940 (as amended by Act 68 of 1982), alleging it was arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution. The petitioners contended that the amendment ex…
SAHKARI SAMITIYAN VYAVASTHAPAK UNION ETC.versusSTATE OF RAJASTHAN AND ORS.
1996 INSC 3441 March 1996Dismissed
The Primary Agriculture Credit Cooperative Societies (PACS) challenged the constitution of the Rajasthan Credit Cooperative Institutions Cadre Authority Limited and the Registrar's power to compel PACS to contribute to a salary fund for paid secretaries under the Central Cooperative Bank Rules, 1969. The Supreme Court …
KERALA STATE FINANCIAL ENTERPRISES LTD.versusJACOB ALEXANDER AND ANR.
1996 INSC 3451 March 1996Dismissed
The plaintiff, a regular subscriber to a Cochin kuri, sued the State of Kerala and the foreman for the share of unpaid auction discount that he claimed was due to him. The trial court held that the foreman could only retain the commission expressly provided in the Vaimpu and that any forfeited auction discount of non‑p…
VITTHALBHAI BAKORBHAI (DEAD) THROUGH L.RS. AND ORS. ETC.versusTHE EXECUTIVE ENGINEER, CAPITAL PROJECT AND ANR.
1996 INSC 3481 March 1996Dismissed
The case concerned compensation for lands acquired in Vavol Village, Sector 4, under the Land Acquisition Act, 1894. The acquisition notification was issued on 7 July 1983 and the Land Acquisition Officer initially fixed compensation at Rs 20‑24 per sq m, which the reference court later raised to Rs 94‑110 per sq m. On…
GOVERNMENT OF ANDHRA PRADESH AND ORS.versusKALLETI CHENGAIAH
1996 INSC 3491 March 1996Appeal(s) allowed
The Director of Settlement exercised suo motu revision power under Section 5(2) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 to set aside a 1983 order granting a Ryotwari patta that was found to contravene statutory provisions. The High Court held that the Director’s exe…
STATE OF ASSAM AND ORS.versusSMT. RADHA KANOO AND ORS. ETC.
1996 INSC 3501 March 1996Appeal(s) allowed
The State of Assam appealed against a High Court order that had held the respondents were not encroachers on government waste land. The respondents had taken possession of the land without a lease or written permission under Rule 16 of the Settlement Rules and had paid "Touzi Bahira" revenue to a mauzdar. The Supreme C…
STATE OF U.P. AND ANRversusSHRI KRISHNA PANDEY
1996 INSC 3511 March 1996Dismissed
Shri Krishna Pandey retired from service on 31 March 1987. After his retirement, a departmental enquiry for alleged embezzlement of Rs. 2,47,779 was initiated on 21 April 1991, and his pension was withheld under Regulation 351-A of the Civil Services Regulations. The High Court directed that his pension be paid, a deci…
GURDIAL SINGH AND ANR.versusSTATE OF PUNJAB
1995 INSC 1521 March 1995Dismissed
A notification under Section 4 of the Land Acquisition Act, 1894 was issued to acquire 4.5 acres of land in Punjab. The Collector initially awarded Rs.13,816 per acre as compensation. The Additional District Judge enhanced it to Rs.2,50,000 per acre, but the Punjab and Haryana High Court reduced the award to Rs.30,000 …
SH. KISHANDAS KANHAIYALAL GANDHIversusSTATE OF MAHARASTRA AND ANR.
1995 INSC 1531 March 1995Dismissed
Sh. Kishandas Kanahiyalal Gandhi was declared to have a surplus of 45 acres 30 guntas of agricultural land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He argued that the tenant, Om Prakash, had crystallised tenancy rights over 47 acres 17 guntas, thereby removing the surplus, and alternati…
MAHANT SHREO NATH CHELA BABA PURAN NATHversusSTATE OF HARYANA THROUGH COLLECTOR
1995 INSC 1541 March 1995Dismissed
The appellants' 27 acres of land were acquired under the Land Acquisition Act, 1894 and initially awarded Rs 5 per marla. Subsequent proceedings resulted in the High Court classifying the land into blocks A, B and C, and, relying on the precedent Mange Ram v. State of Haryana, fixing compensation at Rs 6.75 per square …