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KULDIP SINGH

430 judgments · newest first · showing 1–200

M.C.MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 1534Disposed off

The Supreme Court entertained a public‑interest writ petition filed by environmental activist M.C. Mehta alleging that emissions from coke/coal‑using industries in the Taj Trapezium Zone (TTZ) were causing severe atmospheric pollution and damaging the Taj Mahal. Expert reports (NEERI, Varadharajan …

SHIV SAGAR TIW ARIversusUNION OF INDIA AND ORS.

1996 INSC 1533Disposed off

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the …

SA. RAMACHANDRANversusS. NEELAVATHY

1996 INSC 1526Appeal(s) allowed

The appellant, a tenant, occupied a plot owned by the respondent and raised super‑structures. The respondent filed an eviction suit without first giving the tenant a written notice and observing the three‑month waiting period required under Section 11 of the Tamil Nadu City Tenant's Protection Act, …

M.C.MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 1516Disposed off

The Supreme Court, hearing a public‑interest writ filed by environmental activist M.C. Mehta, examined the pollution caused by about 550 tanneries in the eastern fringe of Calcutta that were discharging untreated effluent into the River Ganga. The Court found that the tanneries were operating …

D.K. BASUversusSTATE OF WEST BENGAL

1996 INSC 1508Disposed off

The Supreme Court entertained a public‑interest writ petition filed after media reports of deaths and torture in police lock‑ups, seeking guidelines for preventing custodial violence and for awarding compensation to victims or their families. The Court held that torture, rape and death in police …

PEOPLE'S UNION FOR CIVIL LIBERTIES {PUCL)versusUNION OF INDIA AND ANR.

1996 INSC 1509Disposed off

The People's Union for Civil Liberties filed a public‑interest writ petition challenging the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885, which permits telephone interception in cases of public emergency or public safety. The petition argued that telephone tapping …

K. V. MUTHUversusANGAMUTHU AMMAL

1996 INSC 1494Dismissed

The respondent, Angamuthu Ammal, sought eviction of the appellant, K.V. Muthu, under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming personal need for herself and her foster son Arunachala Bakthar. The appellant contested, arguing that a foster son is not a "member of family" …

M.C. MEHTAversusKAMAL NATH AND ORS.

1996 INSC 1482Disposed off

The Supreme Court entertained a public‑interest writ filed by environmental activist M.C. Mehta challenging the lease of forest land on the banks of the River Beas to Span Motels Private Limited, a company linked to former Environment Minister Kamal Nath. The petition alleged that the motel had …

THAPAR INSTITUTE OF ENGINEERING AND TECHNOLOGYversusSTATE OF PUNJAB AND ANR.

1996 INSC 1465Dismissed

The Thapar Institute of Engineering and Technology (TIET), Thapar Polytechnic and the Technological Institute of Textile & Science (TIT&S) reserved a small percentage of seats for the wards of their employees, despite being private or aided technical institutions. The affiliating university and the …

S. JAGANNATHversusUNION OF INDIA AND ORS.

1996 INSC 1466Appeal(s) allowed

The petition, filed under Article 32, sought to stop intensive and semi‑intensive prawn farming in ecologically fragile coastal zones, to prohibit use of waste/wet lands for such farms, and to constitute a national coastal management authority. The Court examined whether modern shrimp aquaculture …

SULTANA BEGUMversusPREM CHAND JAIN

1996 INSC 1455Appeal(s) allowed

The landlady Sultana Begum obtained a decree for eviction of her tenant Prem Chand Jain. The tenant claimed that possession had been handed over to the landlady's attorney, who then allowed him to remain as a licencee on payment of a licence fee, arguing that this amounted to an adjustment of the …

M.C. MEHTAversusSTATE OF.TAMIL NADU

1996 INSC 1454Disposed off

The Supreme Court entertained a public‑interest writ filed by M.C. Mehta challenging the employment of children below fourteen in hazardous factories and mines in Sivakasi and elsewhere, alleging violation of the fundamental right under Article 24 of the Constitution. The Court examined the …

UNION OF INDIAversusU.D. DWIVEDI ETC.

1996 INSC 1431Dismissed

U.D. Dwivedi, a scientist in the Defence Research and Development Organisation, challenged his promotion assessment on the ground that the Recruitment and Assessment Centre (RAC) was chaired by Prof. S. Sampath, a former member of the Union Public Service Commission (UPSC). The Central …

BUFFALO TRADERS WELFARE ASSOCIATION AND ANOTHERversusMANEKA GANDHI AND ORS.

1996 INSC 1420Disposed off

The Supreme Court considered two interlocutory applications concerning the Idgah Slaughter House in Delhi, which had been declared a hazardous/noxious industry and ordered to cease operations by 30 November 1996. The petitioners sought to set aside the July 8, 1996 order (IA No. 22) that modified a …

SHIV SAGAR TIWARIversusUNION OF INDIA AND ORS.

1996 INSC 1314

The Supreme Court examined a public interest writ petition challenging the allotment of 52 shops and stalls by the then Minister of Urban Development, Smt. Sheila Kaul. The Court found that the allotments were made without public notice, contrary to the policy she herself had framed in 1994, and …

IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.

1996 INSC 1283Disposed off

Advocate Ajay Kumar Pandey filed petitions and letters containing intemperate, insulting language against two Supreme Court judges, demanded apologies and compensation, and threatened to prosecute them, also filing a criminal complaint in a magistrate's court. The Supreme Court, after giving him …

COMMON CAUSE A REGD. SOCIETYversusUNION OF INDIA AND ORS.

1996 INSC 1274

The Supreme Court examined the arbitrary allotment of fifteen petrol pumps by the then Minister of Petroleum, Capt. Satish Sharma, finding that the allocations were made without any official application, advertisement, or criteria, and favoured relatives and associates, thereby violating Article 14 …

MURARI AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 1266Dismissed

The Supreme Court examined the acquisition of several thousand acres of land for the planned development of Delhi under the Land Acquisition Act, 1894, where notifications under Section 4 were issued between 1959 and 1965 and declarations under Section 6 between 1966 and 1969, but awards were …

STATE OF TAMIL NADUversusM/S. AROORAN SUGARS LTD.

1996 INSC 1258Appeal(s) allowed

The respondent, Arooran Sugars Ltd., owned over 3,400 acres of land that was declared surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The original compensation rate was nine times the net annual income, but the 1972 Fourth Amendment reduced it to two times. A 1974 …

S.K. SATTAR SK. MOHD. CHOUDHARIversusGUNDAPPA AMABADAR BUKATE

1996 INSC 1181Appeal(s) allowed

The appellant, a co‑owner of a shop, obtained a defined share of the premises through a partition among brothers. The respondent, a tenant, continued to pay rent to the elder brother and refused to pay rent to the appellant after the partition, leading to termination of his tenancy and an eviction …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 1179Disposed off

The Supreme Court, hearing a petition filed by environmental activist M.C. Mehta under Article 32, examined the earlier order that prohibited any construction within a 5 km radius of Badkhal Lake and Surajkund in Haryana and mandated conversion of open areas into green belts. Municipal authorities …

SHIVSAGAR TIWARIversusUNION OF INDIA AND ORS.

1996 INSC 1183Disposed off

The petition challenged the 1994 allotment of 52 shops/stalls by the then Minister of Urban Development, Smt. Shiela Kaul, alleging that the allotments were made arbitrarily to her relatives, friends and staff in violation of the prescribed tender policy. The CBI report confirmed that the minister …

VIJAY SINGH ETC. ETC.versusVIJAYLAKSHMI AMMAL

1996 INSC 1174Disposed off

The landlady (respondent) sought eviction of the tenants (appellants) under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming she needed to demolish an old building to erect a new shopping complex. The Rent Controller found the landlord's requirement bona‑fide …

STATE OF ORISSAversusSHARAT CHANDRA SAHU AND ANR.

1996 INSC 1166Appeal(s) allowed

The wife lodged a written complaint with the Women’s Commission alleging that her husband had contracted a second marriage (offence under IPC 494) and was harassing her for dowry (offence under IPC 498A). The Commission forwarded the complaint to the police, who investigated both offences and filed …

GULZARI LAL AGARWALversusACCOUNTS OFFICER

1996 INSC 1108Case Partly allowed

The appellant filed a complaint before the District Forum, Bankura, alleging inflated telephone bills and obtained an interim order directing the respondent not to disconnect his line on condition of a Rs 4,000 deposit, which he complied with. The respondent appealed to the State Commission, which …

COMMON CAUSE,REGISTERED SOCIETYversusUNION OF INDIA AND OTHERS

1996 INSC 1109Disposed off

The Supreme Court examined the discretionary allotment of fifteen petrol pumps by the then Minister of State for Petroleum and Natural Gas, Capt. Satish Sharma, who granted them to relatives of politicians, Oil Selection Board members and ministry officials without any advertisement, guidelines or …

ASHOK KAPILversusSANA ULLAH (DEAD) AND ORS.

1996 INSC 1111Appeal(s) allowed

Ashok Kapil, a former tenant, applied to the District Magistrate for allotment of a premises owned by Sana Ullah under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord objected that the structure was not a "building" because its roof had been …

IN RE : HARIJAI SINGH AND ANR.versusIN RE : VIJAY KUMAR

1996 INSC 1062Disposed off

The Supreme Court entertained contempt petitions filed against the editors and publishers of The Sunday Tribune and Punjab Kesari for publishing a news item that falsely alleged that the sons of a senior Supreme Court judge and the Chief Justice of India had been allotted petrol pumps from a …

F.B. TARAPORAWALA AND ORS. ETC. ETC.versusBAYER INDIA LTD. AND ORS.

1996 INSC 1015Disposed off

Builders sought permission to construct buildings in an area where chemical factories operated, prompting the Bombay High Court to prohibit any construction within a 1 km radius of the factories. The chemical manufacturers appealed, arguing that the prohibition infringed the residents' right to …

VELLORE CITIZENS WELFARE FORUMversusUNION OF INDIA AND ORS.

1996 INSC 952Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by the Vellore Citizens Welfare Forum alleging that tanneries in five districts of Tamil Nadu were discharging untreated effluents, contaminating surface and groundwater, rendering 35,000 hectares of agricultural land unfit …

NALANIKANT RAMADAS GUJJARversusTULASIBAI (DEAD) BY LRS. AND ORS.

1996 INSC 858Dismissed

The plaintiff's ancestor leased a vacant plot of land to Binny Company in 1889, which then constructed a building and installed ginning and pressing machines before the Bombay Rents, Hotel and Lodging Houses Rates (Control) Act, 1947 came into force. The lease was subsequently transferred to the …

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC

1996 INSC 860Disposed off

The Supreme Court, hearing numerous interlocutory applications in the T.M.A. Pai Foundation matter, clarified that the fee structures it had fixed for the academic years 1993-94, 1994-95 and 1995-96 are confined to those years only and are not refundable. It ordered that the fee order of 11 August …

JYANTILAL RATANCHAND SHAHversusRESERVE BANK OF INDIA AND ORS

1996 INSC 859Dismissed

The petitioners, a charitable society and a trust, challenged the High Denomination Bank Notes (Demonetisation) Act, 1978, claiming that the Act extinguished their property rights in high‑denomination notes without compensation, violated Articles 19(1)(f), 19(1)(g) and 31(2) of the Constitution, …

INDIAN BANKversusM/S. SATYAM FIBRES (INDIA) PVT. LTD.

1996 INSC 861Appeal(s) allowed

The appellant Indian Bank forwarded Bills of Exchange to a French bank on behalf of the respondent M/s. Satyam Fibres, which later went into liquidation. The respondent claimed the bank was negligent for not securing co‑acceptance of the bills, relying on a covering letter (letter No. 2776) that …

UJJAGAR SINGH (DEAD) BY LRS. ETC.versusTHE COLLECTOR, BHATINDA AND ANR. ETC.

1996 INSC 813Appeal(s) allowed

Ujjagar Singh (deceased) held 218 kanals of land that were declared surplus under the Pepsu Tenancy Agricultural Lands Act, 1955, but the State never took possession of the land. When the Punjab Land Reforms Act, 1972 came into force, fresh proceedings were initiated to declare the same land surplus …

SRI JAGATHIGOWDA C.N. AND ORS.versusCHAIRMAN, CAUVERY GRAMINA BANK AND ORS.

1996 INSC 809Appeal(s) allowed

The Cauvery Gramina Bank, a Regional Rural Bank, promoted several officers to Senior Manager posts using a Director's Committee that assessed candidates on performance appraisal scores and interview marks, following NABARD circulars of 1984 and 1986. Unsuccessful officers filed writ petitions in the …

J.N. GANATRAversusMORVI MUNICIPALITY, MORVI

1996 INSC 755Appeal(s) allowed

J.N. Ganatra, an overseer with Morvi Municipality, was dismissed by a resolution dated 1 December 1970 without the procedure prescribed in Rule 35 of the Morvi City Municipal Officers and Servants Conduct, Discipline, Dismissal, Penalty and Appeal Rules, 1960. He filed a civil suit challenging the …

STATE OF WEST BENGAL AND ORS. ETC.versusMONLRUJJAMAN MULLICK AND ORS. ETC.

1996 INSC 756Dismissed

Instructors employed on a part‑time basis in non‑formal education centres in West Bengal were paid a modest monthly honorarium and taught for two hours a day. They filed a writ petition seeking the same pay scales and allowances as regular primary school teachers, invoking the constitutional …

THE STATE OF MADHYA PRADESH AND ORS.versusM/S. BINDAL AGRO CHEMICAL LTD. AND ANR.

1996 INSC 757Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court order that had allowed M/s. Bindal Agro Chemical Ltd. to claim subsidies under a 1986 state notification. The company had purchased a vanaspati factory originally licensed for Dewas and obtained Central Government permission to shift the …

FOOD CORPORATION OF INDIA WORKERS UNIONversusFOOD CORPORATION OF INDIA AND ANR.

1996 INSC 746Disposed off

The Food Corporation of India (FCI) had employed 464 handling mazdoors at its Siliguri depot, first through a contractor, then via a direct‑payment system, and later reverted to the contractor method. The workers, represented by their union, claimed that the re‑introduction of the contractor system …

STATE OF U.P.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.

1996 INSC 696Appeal(s) allowed

The State of Uttar Pradesh issued a notification under Section 20 of the Indian Forest Act, 1927 declaring 22.11 acres of land a reserved forest. The respondents, recorded as Sirdari holders, claimed they had acquired ownership under the Uttar Pradesh Zamindari Abolition and Land Reforms Act and …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 705Disposed off

The Supreme Court examined the Delhi Master Plan (2001) under the Delhi Development Act, 1957, which categorises hazardous, noxious, heavy and large industries (H‑a and H‑b) as prohibited in Delhi and mandates their relocation within three years. The Court found that 168 such industries continued to …

POONAM VERMAversusASHWIN PATEL & ORS.

1996 INSC 669Appeal(s) allowed

The appellant, Poonam Verma, sued Dr. Ashwin Patel (a registered homoeopathic practitioner) and Dr. Rajeev Warty for negligence after her husband died following treatment with allopathic medicines prescribed by Dr. Patel, who was not qualified to practice allopathy. The National Consumer Disputes …

PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATIONversusTHE STATE OF PUNJAB AND ORS.

1996 INSC 675

The case arose from the abduction and alleged murder of Advocate Kulwant Singh, his wife and their two‑year‑old child, for which the Punjab and Haryana High Court Bar Association sought an independent inquiry. The High Court declined to intervene, prompting a civil appeal before the Supreme Court. …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 676Disposed off

M.C. Mehta filed a public‑interest writ under Article 32 seeking control of air and noise pollution from stone‑crushers, pulverisers and mining operations near the tourist resorts of Badkhal Lake and Surajkund in Haryana. The Haryana Pollution Control Board and the National Environmental Engineering …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1996 INSC 677Disposed off

The Supreme Court examined the Delhi Development Act, 1957 which mandates the relocation of hazardous, noxious, heavy and large industries from Delhi and the subsequent use of the land vacated. Various committees (Alphons, Jain, Khanna) submitted schemes on how the land should be utilized. The Court …

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTIONversusUNION OF INDIA AND ORS.

1996 INSC 543

The Indian Council for Enviro‑Legal Action filed a public‑interest writ under Article 32 seeking enforcement of the 19 February 1991 Coastal Regulation Zone (CRZ) Notification and challenging the validity of the 18 August 1994 amendment Notification. The petition alleged widespread …

NARASHIMAHA MURTHYversusSMT. SUSHEELABAI & ORS.

1996 INSC 537Dismissed

Narasoji Rao died intestate leaving a sole son (the appellant) and five daughters (including the plaintiff). The daughter filed a suit for partition of the family house (Schedule A) and other property, alleging a one‑seventh share, later increased to one‑sixth after the mother’s death. The trial …

MADHU KISHWAR AND ORS. ETC.versusSTATE OF BIHAR AND ORS.

1996 INSC 489Disposed off

The petitioners, tribal women from Bihar, challenged Sections 7, 8 and 76 of the Chota Nagpur Tenancy Act, 1908 as discriminatory against women and violative of Articles 14, 15 and 21 of the Constitution. The Court examined whether the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 …

COMMON CAUSE-A REGISTERED SOCIETYversusUNION OF INDIA & ORS.

1996 INSC 487Case Allowed

The Supreme Court entertained a public‑interest writ filed by Common Cause seeking enforcement of statutory provisions that require political parties to disclose their sources of funding and maintain audited accounts. The Court examined the obligations under Section 293A of the Companies Act, 1956, …

STATE BANK OF INDIA STAFF ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.

1996 INSC 479Dismissed

The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the …

DR. B.L. WADEHRAversusUNION OF INDIA AND ORS.

1996 INSC 352Disposed off

Dr. B.L. Wadehra filed a writ petition under Article 32 of the Constitution seeking directions to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC) to perform their statutory duties of collecting, removing and disposing of garbage and other waste. The petition …

MUNICIPAL CORPORATION OF GREATER BOMBAYversusMAFATLAL INDUSTRIES AND ORS., ETC.

1996 INSC 303Appeal(s) allowed

The Municipal Corporation of Greater Bombay billed Mafatlal Industries for electricity duty on guest houses it maintained for its employees, classifying them under Category C of the 1981 tariff. The company contended that the guest houses should fall under Category R, which is applicable to premises …

GURBACHAN SINGH AND ANR.versusSHIVALAK RUBBER INDUSTRIES AND ORS.

1996 INSC 310Appeal(s) allowed

The landlords (Gurbachan Singh & Anr.) sought eviction of Shivalak Rubber Industries & Ors. under Section 13(2)(iii) of the East Punjab Rent Restriction Act, 1949, alleging that the tenants had made extensive unauthorised alterations—removing roofs, walls, doors, converting shops into sheds, stores …

NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALSversusSTATE OF HARYANA AND OTHERS

1996 INSC 257Dismissed

The National Council for Cement and Building Materials, a society, was challenged by its employees’ association to prepare certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The society argued that it was not an “industry” within the meaning of the Industrial …

KAHANDU DAULAT DANGDEversusJAY WANTRAO YADAVRAO KHARADE AND ORS.

1996 INSC 241Appeal(s) allowed

The appellant, K.D. Dangde, was a tenant of agricultural land owned by Anjanabai, a widow and member of a joint family, from before 1 April 1957. A partition suit in 1961 resulted in the land being allotted to Anjanabai, who later applied for an exemption certificate under Section 88C of the Bombay …

UNION TERRITORY, CHANDIGARH ADMN. AND ORS.versusMANAGING SOCIETY, GOSWAMI, GDSDC

1996 INSC 242Appeal(s) allowed

The Chandigarh Administration allotted 10.5 acres of land to the managing society for 99 years in 1975, fixing the ground rent at Rs 100 per acre per annum, which was lower than the rate mandated by Rule 13 of the Chandigarh Lease‑hold of Sites and Buildings Rules, 1973. In 1991 the Estate Officer …

KUNDANBHAI DULABHAI SHAIKHversusDISTT. MAGISTRATE, AHMEDABAD AND ORS.

1996 INSC 236Case Allowed

The petitioners were detained under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and filed representations against their detention on 23 August 1995. They alleged that the State and Central Governments failed to dispose of these …

A. ARUMUGAM CHETTIYARversusSMT. LOKANAYAKAMMA AND ANR.

1996 INSC 240Dismissed

The appellant, Arumugam Chetiyar, occupied a house as a tenant from 1971. In 1977 the landlord executed a mortgage deed in favour of the appellant. The issue was whether the mortgage deed implied a surrender of the appellant's tenancy rights, thereby converting him merely into a mortgagee. The trial …

DR. K.R. LAKSHMANAN ETC. ETC.versusSTATE OF TAMIL NADU AND ANR.

1996 INSC 57Appeal(s) allowed

The Madras Race Club, a company that conducts horse races, challenged the Tamil Nadu Horse Races (Abolition and Wagering or Betting) Act, 1974 and the Madras Race Club (Acquisition and Transfer of Undertakings) Act, 1986. The Court held that horse racing is a game of "mere skill" under Section 49 of …

KERALA FINANCIAL CORPORATION ETC.versusCOMMISSIONER OF INCOME TAX, KERALA

1996 INSC 49Disposed off

The Supreme Court considered applications filed by the revenue challenging certain observations made in its earlier judgment in the appeals of Kerala Financial Corporation and others. The contested observations (paras 9‑15) held that when advances are written off and become bad debts, the assessee …

SH. BODHISATTWA GAUTAMversusMISS SUBHRA CHAKRABORTY

1995 INSC 907Disposed off

The respondent, Subhra Chakraborty, filed a criminal complaint against Bodhisattwa Gautam under IPC sections 312, 420, 493, 496 and 498‑A alleging false promise of marriage, a secret marriage, sexual relations, and forced abortions. Gautam sought to quash the complaint via a petition under CrPC …

S.P. GOELversusCOLLECTOR OF STAMPS

1995 INSC 863Dismissed

S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection …

HARBILAS RAI BANSALversusSTATE OF PUNJAB AND ANR.

1995 INSC 841Appeal(s) allowed

The appellant, a landlord of a non‑residential shop, sought to evict his tenant on the ground of bona‑fide personal use, a right that had been removed by the East Punjab Urban Rent Restriction (Amendment) Act, 1956. He challenged the amendment as violative of Article 14 of the Constitution, arguing …

JAI NARAIN AND ORS. ETC. ETC.versusUNION OF INDIA

1995 INSC 808Dismissed

The petitioners challenged two notifications dated 6 January 1995 and 9 March 1995 issued under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 for land in Nilothi, Delhi, which was to be used for a sewage‑treatment plant (STP). They argued that the phrase "is likely to be needed" in the …

KARTIK MALHARversusSTATE OF BIHAR

1995 INSC 735Dismissed

Kartik Malhar was convicted of murder under Section 302 IPC and sentenced to life imprisonment based primarily on the testimony of Fulmani, the widow of the deceased, after two other eye‑witnesses turned hostile. The appellant argued that a conviction could not rest on a single, highly interested …

MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1995 INSC 736Disposed off

Mrs. Paramjit Kaur filed a habeas corpus petition under Article 32 of the Constitution alleging that her husband, Jaswant Singh Khalra, a human‑rights activist, was abducted by persons in police uniforms in broad daylight in Amritsar. The petition also highlighted serious allegations that the Punjab …

ZENOBIA BHANOTversusP.K. VASUDEVA AND ANR.

1995 INSC 731Appeal(s) allowed

The widow of a deceased IAS officer, a "specified landlord", filed four applications under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (as amended by Act No. 2 of 1985) to evict tenants from a building in Chandigarh that had been let out in four separate parts. The Punjab & …

INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.

1995 INSC 720Appeal(s) allowed

The Supreme Court examined whether medical services rendered by doctors, hospitals and nursing homes fall within the definition of "service" under Section 2(1)(o) of the Consumer Protection Act, 1986, and thus attract consumer‑redress. It held that services provided for consideration – even if …

UNION OF INDIA AND ORS.versusSURESH C. BASKEY AND ORS. ETC. ETC.

1995 INSC 721Appeal(s) allowed

The Supreme Court considered whether workmen of the Government Mint in Calcutta, who were allotted government accommodation and therefore did not receive house rent allowance (HRA), could notionally include HRA in the "ordinary rate of wages" for calculating overtime allowance under Section 59 of …

SMT. SUDHA SHRIVASTAVAversusTHE COMPTROLLER AND AUDITOR GENERAL OF INDIA

1995 INSC 696Appeal(s) allowed

S.S. Shrivastava, a member of the Indian Audit and Accounts Service, was convicted under the Prevention of Corruption Act, 1972, but died while his appeal was pending. The High Court set aside the conviction, and his wife, as his legal heir, claimed retrospective promotion and related monetary …

HOUSING BOARD OF HARYANAversusHARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.

1995 INSC 643Dismissed

The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive …

LILAWATI H. HIRANANDANIversusUSHA TANDON

1995 INSC 638Dismissed

The original applicant, a tenant of the building's owner, became a member of a co‑operative society that purchased the building and was allotted the flat. She granted a licence to the original respondent over part of the flat, later terminated it and filed an ejectment suit under s.41 of the …

KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY

1995 INSC 633Appeal(s) allowed

Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central …

WORKMEN OF M/S ROHTAS INDUSTRIESversusROHTAS INDUSTRIES AND ORS.

1995 INSC 634Disposed off

Rohtas Industries, a large multi‑product manufacturer in Bihar, was ordered to be wound up in 1984, leaving about 10,000 workmen unemployed. The workmen filed a writ petition under Article 32 seeking revival of the undertaking, prompting the Supreme Court to direct the Union and State governments to …

DEVA RAM AND ANR.versusISHWAR CHAND AND ANR.

1995 INSC 627

The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court …

DR. RANBIR SINGHversusASHARFI LAL

1995 INSC 592Appeal(s) allowed

The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and …

AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

1995 INSC 586Appeal(s) allowed

The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, …

ASHOK KUMAR THAKURversusSTATE OF BIHAR AND OTHERS

1995 INSC 532Case Allowed

The petitioners challenged the criteria adopted by the States of Bihar and Uttar Pradesh for identifying the 'creamy layer' to be excluded from reservation benefits under Articles 14 and 16(4) of the Constitution. Both states had introduced multiple conditions – such as a minimum salary of Rs.10,000 …

HOUSING BOARD HARYANAversusHOUSING BOARD COLONY WELFARE ASSOCIATION AND ORS.

1995 INSC 524Appeal(s) allowed

The Housing Board of Haryana issued additional price demands to allottee families after a land price escalation, which the allottee association contested before the District Consumer Forum. The Forum quashed the Board's demand and the Board appealed to the State Commission, which dismissed the …

KAILVELIKKAL AMBUNHI (DEAD) BY LRS. AND ORS.versusH. GANESH BHANDARY

1995 INSC 489Dismissed

The petition challenged the Kerala High Court's interpretation of a will that contained an earlier clause granting an absolute estate to Kannan and a later clause (Schedule A) stating the same properties were to be possessed as "Tavazhi". The Supreme Court examined whether the later clause, which …

STATE OF MAHARASHTRAversusMANUBHAI PRAGAJI VASHI AND ORS.

1995 INSC 463Dismissed

The Supreme Court upheld a Bombay High Court order directing the State of Maharashtra to extend its grant‑in‑aid and pension‑cum‑gratuity schemes to all recognised private law colleges. The Court held that the State’s refusal to provide these benefits to private law colleges, while extending them to …

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND OTHERS ETC.

1995 INSC 450Disposed off

The Supreme Court was approached to resolve disputes arising from the Karnataka amendment that restricted admissions to private professional colleges to Karnataka students only, and to address grievances about the fee gap between free and payment seats, the NRI quota, and the applicability of the …

TATA PRESS LTD.versusMAHANAGAR TELEPHONE NIGAM LTD. AND ORS.

1995 INSC 435Appeal(s) allowed

Mahanagar Telephone Nigam Ltd. (the Nigam) and the Union of India claimed exclusive rights to publish the list of telephone subscribers under Rule 458 of the Indian Telegraph Rules, 1951, and sought to restrain Tata Press Ltd. from publishing its "Tata Press Yellow Pages" – a buyers' guide …

NAVKIRAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.

1995 INSC 384Disposed off

A group of 17 practising advocates filed a letter‑petition under Article 32 of the Constitution, alleging that the Punjab police had kidnapped and possibly murdered several of their colleagues, including Ranbir Singh Mansahia, Jagwinder Singh, Kulwant Singh and Sukhwinder Singh Bhatti. The State of …

RASHTRIYA CHINI MILLS ADHIKARI PARISHAD, LUCKNOWversusTHE STATE OF U.P. AND OTHERS

1995 INSC 385Appeal(s) allowed

The petitioners, Rashtriya Chini Mills Adhikari Parishad, challenged a Uttar Pradesh Government order to sell six sugar factories by filing a writ petition under Article 226 before the Lucknow Bench of the Allahabad High Court. The Division Bench held that the Lucknow Bench lacked jurisdiction …

BRAMCHARI SIDHESWAR BHAI AND ORS. ETC.versusSTATE OF WEST BENGAL ETC.

1995 INSC 382Dismissed

The Ramakrishna Mission established a degree college at Rahra with financial assistance from the State and Union governments, and the college was administered by a governing body constituted by the Mission, not the standard pattern prescribed for sponsored colleges. A dispute arose when the …

NAND KISHORE MEHRAversusSUSHILA MEHRA

1995 INSC 383Appeal(s) allowed

The husband, Nand Kishore Mehra, filed a suit in the Delhi High Court seeking relief concerning properties he alleged were purchased benami in his wife Sushila Mehra's name. The wife moved to have the plaint rejected on the ground that the suit was barred by Section 4 of the Benami Transactions …

S. RAMESH AND ANR.versusSTATE OF KARNATAKA AND ANR.

1995 INSC 386Appeal(s) allowed

The Supreme Court examined the Karnataka Forest Department Services (Recruitment) Rules, 1987, specifically the proviso to the Note in Schedule to Rule 2, to determine when a Range Forest Officer becomes eligible to be sent for a Diploma Course in Forestry. Two Range Forest Officers, S. Ramesh and …

SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 363Disposed off

The petitioners, Hindu wives, challenged the validity of their husbands' second marriages after the husbands converted to Islam without dissolving the first Hindu marriage. The Court examined whether conversion to Islam permits a Hindu husband to contract a second marriage, whether such a marriage …

STATE OF MADHYA PRADESH AND ORS.versusM/S. BIRLA JUTE MANUFACTURING CO. LTD.

1995 INSC 364Appeal(s) allowed

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court judgment that had held the electricity duty payable by Mis. Birla Jute Manufacturing Co. Ltd. for power consumed at its limestone mine premises should be calculated at the lower rate under Item (2) of the Table to Section 3 of …

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.

1995 INSC 358Disposed off

The Supreme Court, acting suo motu, examined a contempt petition filed by T.M.A. PAI FOUNDATION after discovering that the Government of Maharashtra had issued rules reserving fifteen percent of seats in medical, dental and engineering colleges for NRIs/foreign students, contrary to its earlier …

VIDYA DEVI@ VIDYA VATI(DEAD)versusPREM PRAKASH AND ORS.

1995 INSC 361Appeal(s) allowed

Vidya Devi, a co‑bhumidhar of a Delhi landholding, filed a partition suit under Section 55(1) of the Delhi Land Reforms Act, 1954. Prem Prakash, another co‑bhumidhar, defended the suit by claiming exclusive title over the whole land by adverse possession since 1953‑54 and asked that the question of …

MAHARAJA KUMAR KHARAK SINGH (DEAD) THOUGH L.RS. ETC.versusSTATE OF PUNJAB

1995 INSC 352Dismissed

The brothers of the former ruler of the princely State of Nabha filed suits in the Patiala Sub‑Judge Court seeking possession of a parcel of land called ‘Bir Bhadson’, relying on a 25 April 1948 letter from Maharaja Pratap Singh that they claimed granted the land to them. The State of Punjab, as the …

SRI R.N.A. BRITIOversusTHE CHIEF EXECUTIVE OFFICER AND ORS.

1995 INSC 319Appeal(s) allowed

R.N.A. Britto, appointed as Secretary of the Bajpe Panchayat under the Karnataka Village and Local Boards Act, 1959, was terminated by a memo dated 4 November 1986. He challenged the termination before the Karnataka Administrative Tribunal, which dismissed his petition on the ground that he was not …

CITIZENS FOR DEMOCRACYversusTHE STATE OF ASSAM AND ORS.

1995 INSC 320Appeal(s) allowed

A journalist, writing as President of Citizens for Democracy, petitioned the Supreme Court under Article 32 alleging that seven TADA detainees lodged in Guwahati Medical College Hospital were handcuffed and tied with ropes, violating their constitutional rights. The State of Assam countered, …

FAQIR (DEAD) THROUGH SHYAM DEOversusKISHORI @ LALLOO AND ANR.

1995 INSC 293Dismissed

Kishori claimed ownership of two plots in Varanasi and filed objections under the U.P. Consolidation of Holdings Act, 1953. He had earlier instituted a civil suit on 5 January 1954 for injunction and possession against Faqir in the Munsif Court; the trial court dismissed it, but the appellate court …

TRUSTEES OF PORT OF MADRASversusM/S. NAGAVEDU LUNGI AND COMPANY AND ORS.

1995 INSC 287Appeal(s) allowed

The Trustees of Port of Madras sued M/s. Nagavedu Lungi and Co., the exporter‑consignor, and other parties for recovery of demurrage and incidental charges arising from textile goods that were illegally detained in the customs area of the Port of Madras by the Collector of Customs. The City Civil …

S.B. SHAHANE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

1995 INSC 288Appeal(s) allowed

The Government of Maharashtra appointed police prosecutors as Assistant Public Prosecutors under a notification issued on 1 April 1974 pursuant to Section 25 of the Code of Criminal Procedure, 1973, but retained them within the police department's administrative and disciplinary hierarchy. The …

STATE OF WEST BENGAL AND ORS.versusSRI DEB KUMAR MUKHERJEE AND ORS.

1995 INSC 214Appeal(s) allowed

The Government of West Bengal, by an order dated 4 June 1965, bifurcated the cadre of Inspectors in the Housing Department into Grade‑I and Grade‑II, upgrading 20 % of the posts and providing for promotion from Grade‑II. The three Pay Commissions (1971, 1981, 1990) examined the pay‑scale revisions …

R.S. MIITALversusUNION OF INDIA

1995 INSC 215Dismissed

The appellant, R.S. Mital, was placed fourth on a selection panel prepared by a board headed by a sitting Supreme Court judge for the post of Judicial Member of the Income‑Tax Appellate Tribunal. The board sent its recommendation to the Central Government on 25 January 1988, but the government …

STATE OF KARNATAKAversusKUMARI GOWRI NARAYANA AMBIGA ETC.

1995 INSC 216Dismissed

The Karnataka Government framed Special Rules in 1977 to appoint local candidates belonging only to Scheduled Castes, Scheduled Tribes and Backward Tribes to Class‑III posts without any merit‑based selection. Several local candidates from other categories were also appointed, and the Special Rules …

UNION OF INDIA AND ANR.versusPRADEEP KUMARI AND ORS.

1995 INSC 180Dismissed

The case concerned applications under Section 28‑A of the Land Acquisition Act, 1894 (as amended in 1984) for re‑determination of compensation for land acquired for the Beas Dam project. The petitioners argued that the three‑month limitation for filing such applications should be measured from the …

KAMALAMMA AND ORS.versusHONBLE CHIEF JUSTICE OF THE HIGH COURT OF KERALA AND ORS.

1995 INSC 135Appeal(s) allowed

The non‑law graduate staff of the Kerala High Court sought redress for grievances, prompting the Chief Justice to amend Rule 16(d) of the Kerala High Court Service Rules, 1970. The amendment limited promotion of non‑law graduates to a maximum of eight posts, subject to age or service length, a …

K. RAVINDRANATH PAI AND ANR.versusSTATE OF KARNATAKA AND ANR.

1995 INSC 119Appeal(s) allowed

The appellants, originally recruited as supervisors in the Karnataka Public Works Department in the early 1960s, later obtained engineering degrees and sought to be treated as Junior Engineers (Division‑I) after the 1974 bifurcation of the service. The State had merged the supervisor and junior …

THE STATE OF BIHARversusTHE TATA IRON AND STEEL CO. LTD.

1995 INSC 116Appeal(s) allowed

The State of Bihar prosecuted Tata Iron and Steel Co. Ltd. for selling non‑metallurgical coal without a licence under the Bihar Trade Articles (Licence Unification) Order, 1984. Tata argued that, as a colliery governed by the Central Government's Colliery Control Order, 1945, the State Order could …

FOOD CORPORATION OF INDIA STAFF UNIONversusFOOD CORPORATION OF INDIA AND ORS.

1995 INSC 117Disposed off

The Food Corporation of India (FCI) had several registered trade unions and needed to select a sole bargaining agent. Both FCI and the unions agreed to use a secret ballot to determine which union(s) represented the majority of workers. The Supreme Court was asked to prescribe a procedure that would …

R.K. SABHARWAL AND ORS.versusTHE STATE OF PUNJAB

1995 INSC 108Disposed off

The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class …

STATE OF M.P.versusMAHALAXMI FABRIC MILLS LTD. AND ORS.

1995 INSC 89Disposed off

The Supreme Court examined petitions by the State of Madhya Pradesh and the Union of India challenging a 1991 notification that raised royalty rates on coal under Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioners argued that Section 9(3) was an …

STATE OF MAHARASHTRAversusGULAB RAO

1995 INSC 82Appeal(s) allowed

The State of Maharashtra appealed a High Court order that had set aside a revenue tribunal's decision adding 51.08 acres of land to the holding of Gulab Rao, a surplus land holder. The land had been conveyed by unregistered sale agreements dated 1‑April‑1968, before the cut‑off date of 26 September …

RA VI PAUL AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 59Dismissed

The petitioners, Short Service Commissioned Officers (SSCOs) appointed as Assistant Commandants in the Border Security Force (BSF) between 1974 and 1978, claimed that their prior Army service should be counted for seniority, relying on Rule 8(b) of the Central Reserve Police Force (CRPF) Rules. The …

E.K. CHANDRASENAN ETC. ETC.versusSTATE OF KERALA

1995 INSC 43Disposed off

The case involved ten accused who were charged with conspiracy to supply spurious liquor that caused 70 deaths and permanent loss of sight to 24 persons. The High Court convicted five of them under sections 326, 328 and 272 of the IPC and sentenced them to rigorous imprisonment. The appellants filed …

STATE OF RAJASTHAN AND ANR.versusGOPALDAS ETC. ETC.

1995 INSC 32Appeal(s) allowed

The Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983 revised the pay of Upper Division Clerks (UDCs) with effect from 1 September 1981. While UDCs of the Secretariat received the higher revised scale, UDCs of subordinate offices were later granted the same scale only from 1 February 1985 by …

DINESH PRASAD YADA VversusSTATE OF BIHAR AND ORS.

1995 INSC 33Appeal(s) allowed

Dinesh Prasad Yadav, a member of the Managing Committee of the Katihar District Central Co‑operative Bank, was elected on 20 January 1991, but the State Government, a major shareholder, made its statutory nominations only on 2 March 1993. The State Government then ordered that the Committee's …

UNION OF INDIA AND ANR.versusSHRI HARISH CHANDER BHATIA AND ORS.

1994 INSC 587Disposed off

The dispute concerned the inter‑se seniority of promotees and direct recruits in the Delhi and Andaman and Nicobar Islands (DANI) Police Service. The respondents, promoted to Assistant Commissioner of Police on an officiating basis under Rule 25, argued that their long‑standing officiating service …

UNION OF INDIA AND ORSversusG. VASUDEVAN PILLAY AND ORS. ETC. ETC .

1994 INSC 588Disposed off

The case concerned ex‑servicemen who were re‑employed in civil posts of the Government of India and the validity of the Union's decision to deny dearness relief (DR) on their pensions and family pensions, as well as to reduce their pay by an amount equivalent to the enhanced pension of those who …

L. CHANDRA KUMARversusUNION OF INDIA AND OTHERS

1994 INSC 572Directions issued

The Supreme Court examined the validity of Section 5(6) of the Administrative Tribunals Act, 1985, and broader questions concerning the powers of administrative tribunals under Articles 323‑A and 323‑B of the Constitution. Relying on the earlier decision in S. P. Sampath Kumar v. Union of India, the …

M/S. BHAGATRAM RAJIV KUMARversusCOMMISSIONER OF SALES TAX MADHYA PRADESH AND ORS.

1994 INSC 553Dismissed

The appellants, dealers registered under the Madhya Pradesh Sales Tax Act, imported sugar and other goods listed in Schedule II of the Madhya Pradesh Entry Tax Act into the state for consumption, use or sale. They challenged the entry tax levied under Section 3(1)(a) of the Act, contending that …

M/S SHAKTIKUMAR M. SANCHETI AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1994 INSC 554Dismissed

The petitioners, contractors and dealers of motor vehicles, purchased vehicles outside Maharashtra and brought them into the state, where they were levied an entry tax under the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987. They challenged the tax as unconstitutional, …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusBALA MUSALAIAH AND ORS.

1994 INSC 542Dismissed

The Government of Andhra Pradesh issued a 1967 Government Order (G.O.) that prescribed an ad‑hoc rule for retrenching temporary employees, giving preference to Scheduled Caste and Scheduled Tribe (SC/ST) candidates over general‑category probationers and approved probationers. The High Court struck …

RAM AVTAR SHUKLAversusARVIND SHUKLA

1994 INSC 543Disposed off

The case arose from a dispute over the management of a society‑run school where Ram Autar Shukla (petitioner) claimed to be the duly elected manager and Arvind Shukla (respondent) contested the same. After a series of orders by the Assistant Registrar and the High Court, the Supreme Court stayed the …

REGIONAL PROVIDENT FUND COMMISSIONERversusM/S K.T ROLLING MILLS PVT. LTD.

1994 INSC 534Appeal(s) allowed

MIS K. TROLLING MILLS Pvt. Ltd. failed to deposit Employees' Provident Fund contributions for the period July 1968 to October 1977. The Regional Provident Fund Commissioner initiated proceedings in 1985 and, under Section 14‑B of the EPF Act, levied damages of Rs. 52,034.80. The Bombay High Court …

RAJIV K. GARG AND ORS.versusSHANTI BHUSHAN AND OTHERS

1994 INSC 526Dismissed

The petitioners, members of the legal profession, sought suo motu initiation of criminal contempt proceedings against respondents, who were also lawyers and members of a Sub‑Committee on Judicial Accountability, alleging that they made statements disparaging judges and the judicial system. The …

STATE OF WEST BENGAL ETC. ETC.versusASHUTOSH LAHIRI AND ORS.

1994 INSC 521

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious …

CHANDRA SHASHIversusANIL KUMAR VERMA

1994 INSC 515Disposed off

The Supreme Court, acting suo motu, initiated contempt proceedings against Anil Kumar Verma for submitting a forged experience certificate to oppose his wife's petition to transfer a matrimonial suit from Delhi to Unnao. The principal of the college affirmed the certificate was fabricated, and the …

SASWAD MALI SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ANR.

1994 INSC 513Appeal(s) allowed

The Supreme Court examined Notification No. 146/74 issued under the Central Excise Rules, 1944, which provided a rebate on excise duty for sugar produced in excess of the average production of the preceding five years. The dispute centered on whether the percentage rebates in sub‑clauses (a) to (e) …

STATE OF RAJASTHANversusARUNA DEVI AND ORS.

1994 INSC 500Appeal(s) allowed

A complaint was lodged against the respondents alleging forgery and conspiracy. The magistrate ordered an investigation under Section 156(3) of the CrPC, after which the police submitted a final report under Section 173(2) stating the complaint was false, and the magistrate accepted it. The police …

P.A. CHANDRAN AND ORS.versusBOARD OF REVENUE (EXCISE) AND ORS.

1994 INSC 481Disposed off

The Supreme Court examined whether a rule prescribing a 1:1 ratio for promotion of Excise Guards to Excise Preventive Officer, based on possession of the Secondary School Leaving Certificate (SSLC), violated Article 16 of the Constitution. The Court reiterated that higher educational qualifications …

GOVERNMENT OF TAMIL NADU AND ANR.versusA. RAJAPANDIAN

1994 INSC 487Appeal(s) allowed

A. Rajapandian, a Sub‑Inspector of Police, was dismissed after a departmental inquiry found three charges of misconduct proved against him. He challenged the dismissal before the Madras High Court, which transferred the matter to the Tamil Nadu Administrative Tribunal. The Tribunal set aside the …

STATE OF ANDHRA PRADESHversusS.B.P.V. CHALAPATHI RAO ETC.

1994 INSC 482Appeal(s) allowed

The respondents sold 220.25 acres of agricultural land in December 1971 through fourteen sale deeds. The State of Andhra Pradesh contended that the transfers were made to evade the ceiling provisions of the Andhra Pradesh Land Reforms (Ceiling) on Agricultural Holdings Act, 1973, and should be …

SUB-COMMITIEE ON JUDICIAL ACCOUNTABILITYversusJUSTICE V. RAMASWAMY

1994 INSC 475Dismissed

The Sub‑Committee on Judicial Accountability filed a suo motu criminal contempt petition against Justice V. Ramaswamy, alleging that a letter he wrote to the Enquiry Committee under the Judges (Inquiry) Act, 1968 contained sweeping allegations against judges and the judiciary. The petition invoked …

RAM CHANDversusRANDHIR SINGH AND OTHERS

1994 INSC 439Appeal(s) allowed

The case concerned a sale of agricultural land by Mitter Sen, the mortgagor‑vendor, to Randhir Singh and others. The appellants, Ram Chand and his heirs, were tenants of the land, having been inducted by the usufructuary mortgagee under Section 76(a) of the Transfer of Property Act. They claimed a …

UDAY PRATAP SINGH AND ORS.versusTHE STATE OF BIHAR AND ORS.

1994 INSC 422Dismissed

The appellants, originally members of the Junior Branch of the Bihar Finance Service, were merged into the Senior Branch by a government resolution dated 2 November 1975, purportedly with retrospective effect from 1 April 1974. The respondents, who were direct recruits to the Senior Branch on 12 May …

INDIAN EXPRESS NEWSPAPERS (P) LTD. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1994 INSC 414Case Partly allowed

The Indian Express Newspapers and other newspaper establishments challenged two 1989 government orders that gave effect to the Bachawat Wage Board's recommendations fixing wage scales, grades, house rent and city compensatory allowances under the Working Journalists and Other Newspaper Employees …

KANTA DEVIversusUNION OF INDIA AND ORS.

1994 INSC 403

The Supreme Court heard two writ petitions on 20 September 1994. In Kanta Devi v. Union of India, a widow of an ex‑serviceman was denied family pension because the Army Instructions No. 51 of 1980 excluded marriages contracted after retirement; the Court held the exclusion to be harsh, heartless and …

UNION OF INDIAversusS. VIJAYKUMAR AND ORS

1994 INSC 405Appeal(s) allowed

The Supreme Court examined whether civil servants who are residents of the North‑Eastern Region, but appointed to posts with "All India Transfer Liability", are entitled to a special duty allowance. The Central Administrative Tribunal had held they were entitled, relying on an Office Memorandum of …

UNION OF INDIA AND ORS.versusSAYED MUZAFFAR MIR

1994 INSC 406Dismissed

The respondent, a railway employee, gave three months' notice on 22 July 1985 to retire voluntarily under Article 1802(b) of the Indian Railway Establishment Code, with the notice period ending on 21 October 1985. While the notice period was pending, he was suspended in a disciplinary proceeding and …

SYNDICATE BANK AND ANR. ETC. ETCversusSH. K. UMESH NAYAK ETC. ETC.

1994 INSC 385Appeal(s) allowed

The Supreme Court examined whether bank employees on strike were entitled to wages for the strike period. It held that entitlement to wages requires the strike to be both legal and justified, and that questions of legality and justifiability are within the exclusive jurisdiction of the industrial …

STATE OF ORISSA AND ORS.versusSUDHIR KUMAR BISWAL AND ORS.

1994 INSC 321Disposed off

The State of Orissa challenged two provisions of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983. The first was the proviso to Rule 5(1) allowing relaxation of the maximum age limit for certain categories, which the Orissa Administrative Tribunal …

NAROTTAM DAS BESHTTO/B.P. DOBHALversusUNION OF INDIA AND ORS.

1994 INSC 322Dismissed

Two Lower Division Clerks of the Indo‑Tibetan Border Police Force filed writ petitions under Article 32 seeking to bar the Central Administrative Tribunal (CAT) from hearing their promotion matters, arguing that they are members of the Union's armed forces and thus outside the Tribunal's …

H.R. ADYANTHAYAversusSANDOZ (INDIA) LTD.

1994 INSC 313

The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of …

SMT. PRAMILA NESARGIversusC.K. JAFFER SHARIEF AND ORS.

1994 INSC 305Dismissed

The Supreme Court examined challenges to the Lok Sabha election of C.K. Jaffer Sharief from Bangalore North, alleging that the candidate engaged in corrupt practices by arranging large‑scale free mass feedings of electors, exceeding election‑expenditure limits, and using spurious ballot papers. The …

H.S. ATWAL AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 290Dismissed

The appellants, former army personnel who demobilised in 1968, joined the Himachal Pradesh Administrative Service in 1975 and claimed that their five years of military service should be counted towards seniority under Rule 4(1) of the Himachal Pradesh Administrative Rules, 1974. The rule provides …

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusB.K. DORESWAMY AND ORS.

1994 INSC 273Appeal(s) allowed

The Karnataka State Road Transport Corporation conducted a 1972 selection for Assistant Stores/Purchase Officers, appointing four candidates in order of merit. Under the Government Instructions dated 6 September 1969, the first vacancy was reserved for a Scheduled Tribe (ST) candidate, followed by …

CALCUTTA MUNICIPAL CORPORATION AND ORS.versusEAST INDIA HOTELS LTD. AND ORS.

1994 INSC 274Appeal(s) allowed

East India Hotels Ltd operates three restaurants in its Oberoi Grand hotel in Calcutta, each equipped with dancing floors, music and occasional cabaret shows. The Calcutta Municipal Corporation levied a licence fee under Section 443 of the Calcutta Municipal Act, 1951, treating the restaurants as …

UNION OF INDIA AND ORSversusSH. RAJIV YADAV, IAS AND ORS.

1994 INSC 275Appeal(s) allowed

The case concerned an IAS officer, Rajiv Yadav, who was allocated to the Manipur‑Tripura cadre despite his preference for the Union Territories cadre, his home state. He challenged the allocation before the Central Administrative Tribunal, arguing that the reservation of SC/ST candidates for their …

STATE OF TAMIL NADU AND ORS.versusV.S. BALAKRISHNAN AND ORS. ETC.

1994 INSC 263Appeal(s) allowed

The Tamil Nadu Government transferred employees from the Dairy Development Department to the Dairy Development Corporation on deputation/foreign service, later replacing the corporation with a cooperative federation. The employees challenged GO 1921 (1993), which provided terminal benefits on …

UNION OF INDIA AND ORS.versusANAND KUMAR PANDEY AND ORS.

1994 INSC 264Appeal(s) allowed

The Union of India appealed against a decision of the Central Administrative Tribunal (CAT) that had set aside the railway authorities' order directing 35 candidates who had appeared for a written exam at the Katihar centre to retake the written portion of the selection test. The railway …

M/S. J.K. BARDOLIA MILLSversusM.L. KHUNGER, DY. COLLECTOR AND ORS.

1994 INSC 265Dismissed

The appellant's factory was raided and 28 packages of synthetic fabrics were seized under Section 110(1) of the Customs Act, 1962 on 29 May 1969. A show‑cause notice required by Section 124(1)(a) was served only on 19 December 1969, exceeding the six‑month period prescribed in Section 110(2). The …

STATE OF ORISSAversusMINERALS AND METALS TRADING CORPORATION OF INDIA LTD.

1994 INSC 266Appeal(s) allowed

The State of Orissa appealed against Minerals and Metals Trading Corporation of India Ltd. (MMTC), a government dealer that purchased mineral ore in Orissa, declared the ore for resale within the state, and then sold it to a Japanese buyer by delivering it at Paradeep port for export. The Sales Tax …

CHANDER BHAN GILLversusUNION OF INDIA

1994 INSC 250Appeal(s) allowed

Chander Bhan Gill, appointed as Assistant (Legal) in 1985, completed one year of service on 26 January 1986 and became eligible for an annual increment. The Central Civil Services (Revised Pay) Rules, 1986 came into force on 1 January 1986, and the Government issued a clarification on 4 May 1987 …

ILLAHI SHAMSUDDIN NADAFversusSOU. JAITUNBI NADAF

1994 INSC 256Appeal(s) allowed

The case concerned a house owned by Rajubai, who died in 1975. Her daughter Jaitunbi claimed she was the sole heir under Muslim law, while her grandson Shamsuddin asserted that Rajubai had given him the ground floor of the house during her lifetime. The lower courts had ruled in favour of Jaitunbi, …

UNION OF INDIA AND ORS.versusTUSHAR RANJAN MOHANTY

1994 INSC 258Dismissed

The case concerned promotions in the Indian Statistical Service where senior general‑category officer Tushar Ranjan Mohanty (respondent 1) was superseded by eight Scheduled‑Caste/Tribe officers (respondents 2‑9). Mohanty challenged the promotions before the Central Administrative Tribunal, arguing …

ROLLATAINERS LTD. AND ANR.versusUNION OF INDIA AND ORS.

1994 INSC 259Dismissed

Rollatainers Ltd., a manufacturer of printed cartons, claimed exemption from central excise duty under Notification No. 55/75, which exempts "all products of the Printing Industry". The Superintendent of Central Excise held that printed cartons are products of the Packaging Industry and not eligible …

GURU NANAK DEV UNIVERSITY AND ANR.versusHARJINDER SINGH AND ANR.

1994 INSC 254Appeal(s) allowed

The respondents were found to have copied answers verbatim from incriminating material during a B.A. examination, and the university's standing committee disqualified them for two years under its Ordinances 10, 11 and 13. The respondents challenged the disciplinary action in the Punjab and Haryana …

HAZI ZAINULLAH KHAN (DEAD) BY L.RS.versusNAGAR MAHAPALIKA, ALLAHABAD

1994 INSC 247Appeal(s) allowed

The Supreme Court allowed a civil appeal by the mother, sister and brothers of Abdul Rehman, a 20‑year‑old college student who was killed when a municipal truck hit his bicycle. The Motor Accident Claims Tribunal and the Allahabad High Court had dismissed the claim for compensation, relying on the …

SH. BABU LAL, CONVENOR AND ANR.versusNEW DELHI MUNICIPAL COMMITIEE AND ANR.

1994 INSC 249Appeal(s) allowed

The petitioners, class‑IV employees designated as Storm Water Drains (SWD) Beldars and Mates of the New Delhi Municipal Committee (NDMC), sought the pay‑scales recommended by the Shiv Shankar Committee (SS Committee) which had already been granted to other class‑IV staff of the NDMC. The NDMC had …

STATE OF HIMACHAL PRADESHversusAMAR NATH SHARMA AND ORS.

1994 INSC 239Appeal(s) allowed

The Himachal Pradesh Government issued an office memorandum in 1980 prescribing a recruitment procedure for Class III and IV posts, granting weightage of 10 marks each for candidates from families with no member in organised employment and for families with annual income not exceeding Rs.6,000, and …

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, …

TARSEM SINGH AND ANR.versusSTATE OF PUNJAB & ORS.

1994 INSC 242Appeal(s) allowed

The case concerned whether employees holding the post of Superintendent in the Punjab Labour Department, whose pay‑scale (Rs.350‑450) is higher than that of a Labour Inspector (Rs.200‑450), could be promoted to the Inspector post under Rule 8(1)(a)(i) of the Punjab Labour Department (State Service …

SARDAR SINGHversusDEPUTY DIRECTOR OF CONSOLIDATION AGRA CAMP, MA THURA AND ORS.

1994 INSC 243Appeal(s) allowed

Girwar Singh, a large zamindar, died leaving agricultural and other property, leading to multiple testamentary suits and a pending civil suit over the non‑agricultural portion. While the civil suit was pending, consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953 were …

AP STATE FINANCIAL CORPORATIONversusC.M. ASHOK RAJ AND ORS.

1994 INSC 245Appeal(s) allowed

The Andhra Pradesh State Financial Corporation prescribed promotion criteria for the post of Manager that allocated 25% of marks to an interview, 50% to performance appraisal based on confidential reports, and 15% to seniority for service of five years or more, without any written test. Several …

STATE OF MADHYA PRADESHversusM/S HARDEO SHRINATH AND ORS.

1994 INSC 230

The State of Madhya Pradesh issued directions prohibiting agriculturists from selling their produce through commission agents. The commission agents challenged the directions, arguing that under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, agriculturists are classified as "traders" and …

AMAR SINGH AND ORS.versusAJMER SINGH AND ORS.

1994 INSC 232Appeal(s) allowed

Marn Ram, a large landowner, had 61 acres and 9 units of land partitioned among his sons. Under the Punjab Security of Land Tenures Act, 1953, 9 acres and 3¾ units were declared surplus in 1961 and the order became final in 1962. The Haryana Ceiling on Land Holdings Act, 1972, Section 12(3) deemed …

U.P. BHUMI SUDHAR NIGAM LTD.versusSHIV NARAIN GUPTA

1994 INSC 233

The Uttar Pradesh Bhumi Sudhar Nigam Ltd. advertised for a Financial Controller and prepared a three‑member merit panel, with Shiv Narain Gupta placed second. After the first candidate failed to join, the corporation abolished the post because a World Bank‑funded project was delayed. Gupta filed a …

STATE OF TAMIL NADUversusG.N. VENKATASWAMY & ORS. ETC. ETC.

1994 INSC 234Disposed off

The Supreme Court examined the constitutional validity of Section 52‑A inserted by the Tamil Nadu Revenue Recovery (Amendment) Act, 1972, which allowed recovery of loans advanced by state‑owned corporations as arrears of land revenue. The petitioners challenged the provision on two grounds: lack of …

MOHAN LALversusSHRI HARI PRASAD YADAV AND ORS.

1994 INSC 213Dismissed

An auction of the judgment debtor's property was held on 25 May 1981. The debtor's objections under Order 21 Rule 90 were dismissed on 4 May 1982, after which he filed an application under Order 21 Rule 89 on 28 May 1982 seeking to set aside the sale. The executing court entertained the application, …

BHARAT COKING COAL LTD.versusTHE STATE OF BIHAR AND ANR.

1994 INSC 214Appeal(s) allowed

Bharat Coking Coal Ltd (BCCL) succeeded East India Coal Co. and held a 999‑year mining lease over 627 bighas in Kenduadih, including surface land. A small part of the surface was used for a bazaar and a cinema for workers. The State of Bihar, invoking the Bihar Land Reforms Act, 1950, served a …

P. MUTHAYYA (DEAD) BY LRS.versusCHELLAPPAN PILLAI AND ORS.

1994 INSC 215Appeal(s) allowed

The plaintiff, P. Muthayya, filed a suit for partition and redemption of a mortgage deed executed by Mathevan Pillai, who claimed to be the Karanavan (head) of the Tarwad comprising defendants 2‑19. The lower appellate court held that the senior Karanavan, Raman Pillai, had died before the mortgage …

SHRI A.K. NIGAM AND ORS.versusSHRI SUNIL MISRA AND ANR.

1994 INSC 216Appeal(s) allowed

The appellants, originally members of the Railway Board Secretariat Service, were promoted to the Indian Railway Personnel Service and were granted seniority by backdating their increment dates up to five years under Principle (vii) of the seniority rules. Respondent No.1, a direct recruit to the …