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KULDIP SINGH

430 judgments · newest first · showing 201–400

TELECOMMUNICATION ENGG. SERVICE ASSOCIATION (INDIA) AND ORS.versusU.O.I.

1994 INSC 218Disposed off

The petitioners, junior engineers in the Telegraph Engineering Service Group B, sought promotion to Assistant Engineer based on the year they passed the qualifying departmental examination under paragraph 206 of the P&T Manual, rather than on seniority. They also claimed retroactive promotion with …

CHRISTIAN CHILDREN FUND INC.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

1994 INSC 206

The Christian Children Fund Inc., a charitable organization, applied for exemption from property tax on its Delhi branch office premises under Section 115(4) of the Delhi Municipal Corporation Act, 1957. The municipal corporation rejected the exemption, holding that the premises were used for office …

INDIAN NUT PRODUCTS AND OTHERSversusUNION OF INDIA

1994 INSC 204

The Kerala Government, invoking the Kerala Cashew Factories (Acquisition) Act, 1974, issued a common notice to 36 cashew factories stating they were closed and would cause large‑scale unemployment, and subsequently declared the factories transferred to the State. The owners, who were also occupiers, …

R.K. PANDA AND ORS.versusSTEEL AUTHORITY OF INDIA AND ORS.

1994 INSC 205Appeal(s) allowed

The petitioners, contract labourers employed through various contractors at SAIL's Rourkela plant for 10‑20 years, filed a writ petition under Article 32 seeking parity in pay and absorption as regular employees, alleging that the contractor arrangement was a camouflage to deny them rights. The …

URMILLA PANDEY AND ORS .versusKHALIL AHMAD AND ORS.

1994 INSC 200

The widow of Ram Kishore Pandey filed a claim before the Motor Accidents Claims Tribunal for compensation of Rs. 1,17,747.70 after her husband was killed in a car accident. The Tribunal awarded only Rs. 40,600, assuming a life expectancy of 58 years and deducting 33% for a lump‑sum payment, and …

PATNA UNIVERSITYversusAWADH KJSHORE PD. YADAV AND ORS. ETC. ETC.

1994 INSC 192Appeal(s) allowed

The Bihar State University Service Commission had initially recommended temporary promotions of several lecturers to Readers under a Time‑Bound Promotion Scheme, but later withdrew its recommendations alleging that the screening committees were not constituted as required by the statute. The …

JAY LAXMI SALT WORKS (P) LTD.versusTHE STATE OF GUJARAT

1994 INSC 187

Jay Laxmi Salt Works (P) Ltd. sued the State of Gujarat for damages after flood water from a government‑built reclamation bundh entered its factory in July 1956. An official committee assessed the loss at Rs 1,58,735, which the State refused to pay. The trial court dismissed the suit as an act of …

UNION OF INDIA AND ANR.versusSUDHIR KUMAR JAISWAL

1994 INSC 188

The Supreme Court examined whether the Union Public Service Commission's practice of fixing 1 August as the cut‑off date for determining age eligibility in the Civil Services Examination was arbitrary, especially after the introduction of a preliminary exam held before that date. The Court held that …

OM PRAKASHversusASSISTANT ENGINEER, HARYANA AGRO INDUSTRIES CORPORATION AND ORS.

1994 INSC 151Appeal(s) allowed

Om Prakash booked a tractor on 12‑12‑1990, paying an advance and was first on the dealer's booking list. The dealer delayed delivery, supplied tractors to lower‑ranked customers, and when the tractor was finally delivered on 21‑9‑1991 the price had risen, causing a loss of Rs 40,690 to the consumer. …

RAM NARAIN PRASAD AND ANR.versusATUL CHANDER MITRA AND ORS.

1994 INSC 128Appeal(s) allowed

The appellants filed an eviction suit against the first respondent, claiming they were landlords and the respondent was a tenant in arrears of rent, and valued the suit on the basis of twelve months' rent. The respondent denied any landlord‑tenant relationship and argued that the suit required …

UNION OF INDIA AND ORS.versusSCIENTIFIC WORKERS ASSOCIATION (REGD.) KANPUR AND ORS.

1994 INSC 123Appeal(s) allowed

The Board of Arbitration under the Joint Consultative Machinery (JCM) Scheme awarded a higher pay scale to Senior Scientific Assistants effective 22 September 1982. The Government of India, without invoking the procedure in Clause 21 of the JCM Scheme, decided to implement the award from 1 January …

S.R. BOMMAIversusUNION OF INDIA AND ORS.

1994 INSC 111

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

STATE OF MAHARASHTRAversusABDUL HAMID HAJI MOHAMMED

1994 INSC 82

In 1993 a series of bomb blasts in Bombay led to the arrest of Abdul Hamid Haji Mohammed, during which six Chinese AK‑56 rifles and twelve magazines were recovered. The Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) refused his bail, holding that the …

SMT. GUMPHA AND ORS.versusJAIBAL

1994 INSC 66

The male testator executed a 1941 will granting each of his two wives a life interest in half of his property, with his daughter as ultimate beneficiary. After the testator's death in 1958, one widow executed a 1966 will transferring her interest to a stranger. The daughter (respondent) sued, …

THE ANDHRA PRADESH STATE FINANCIAL CORPORATIONversusGAR RE-ROLLING MILLS AND ANR.

1994 INSC 64

The Andhra Pradesh State Financial Corporation (the appellant) had advanced loans to Gar Re‑rolling Mills (the respondent) which defaulted, leading the corporation to first obtain an order under Section 31 of the State Financial Corporations Act and later to invoke Section 29 to sell the mortgaged …

DALMIA INDUSTRIES LTD. AND ANR.versusTHE STATE OF UITAR PRADESH AND ANR.

1994 INSC 59Dismissed

The Uttar Pradesh Government decided to privatise the loss‑making Uttar Pradesh State Cement Corporation Ltd. and entered into a memorandum with Dalmia Industries Ltd. for the latter to acquire 51% of the shares. While the transfer was pending, the High Court stayed the privatisation and issued …

K. ASHOK REDDY ETC.versusTHE GOVERNMENT OF INDIA AND ORS.

1994 INSC 50Dismissed

K. Ashok Reddy filed a writ petition seeking a declaration that High Court judges could not be transferred under Article 222 of the Constitution, alleging that transfers were arbitrary, biased and eroded judicial independence, and that the Supreme Court's Judges' Case‑II had wrongly excluded …

SHRI R.R. BHANOTversusUNION OF INDIA AND ORS.

1994 INSC 2Appeal(s) allowed

R.R. Bhanot entered the service of the erstwhile State of Punjab in 1937. After the Punjab Reorganisation Act, 1966, he was provisionally allocated to Himachal Pradesh from 1 November 1966, but he contested this allocation. Himachal Pradesh prematurely retired him in 1968; the Himachal Bench of the …

V. BHAGATversusMRS. D. BHAGAT

1993 INSC 374

The husband, a Supreme Court advocate, filed a divorce petition on the ground of adultery, which the wife denied and countered by alleging his mental instability. He later amended the petition to include mental cruelty, relying on the wife's written statements that labeled him a lunatic and on …

SMT. RENU MULLICKversusUNION OF INDIA AND ANR.

1993 INSC 375

Ms. Renu Mullick joined the Central Excise and Customs as a Lower Division Clerk in 1974, was promoted to Upper Division Clerk, and on her own request transferred to the Allahabad Collectorate in 1987 where she was placed at the bottom of the seniority list as per the 1980 executive instructions. In …

SECRETARY TO THE GOVERNMENT OF ORISSAversusLAXMIKANTE NANDA AND ORS.

1993 INSC 371

The Government of Orissa issued a resolution on 15 December 1986 revising the eligibility criteria for promotion to Deputy Director of Homeopathy, eliminating the requirement of a recognised qualification under the Homeopathy Central Council Act and excluding college lecturers from consideration, …

LUCKNOW DEVELOPMENT AUTHORITYversusM.K. GUPTA

1993 INSC 365

The Lucknow Development Authority (LDA) developed a housing scheme and allotted a flat to M.K. Gupta, who paid the full price but was not given possession because construction was incomplete. Gupta filed a complaint before the District Forum under the Consumer Protection Act, 1986, alleging …

THE CHANCELLOR AND ANR.versusDR. BIJYANANDA KAR AND ORS.

1993 INSC 362

Utkal University advertised for a Professor of Philosophy and a Selection Committee, constituted under Section 21(2) of the Orissa Universities Act, 1989, unanimously recommended Dr. Prafulla Kumar Mohapatra for the post. After the recommendation, three expert members of the Committee sent letters …

SHRI GOVIND PRASADversusSH. R.G. PRASAD AND ORS.

1993 INSC 358Disposed off

The case concerned promotion of Junior Engineers in the Electrical and Mechanical wings of the Uttar Pradesh Public Works Department to the post of Assistant Engineer. The State Government had issued an office memorandum on 7 January 1980 reducing the service‑experience requirement from ten to seven …

ANZAR AHMEDversusSTATE OF BIHAR AND ORS.

1993 INSC 346

The Bihar Government requisitioned the State Public Service Commission to fill vacant Unani Medical Officer posts and, in the absence of specific rules, directed that selection be made solely on interview. The Commission, following its long‑standing practice, allocated 50% of the total marks to …

UNION OF INDIAversusS. DHARMALINGAM

1993 INSC 347Dismissed

The respondent, S. Dharmalingam, served as an Investigator from 1956 to 1960 and was later appointed Labour Officer by direct recruitment in 1960, retiring in 1985. He claimed an addition to his qualifying service under Rule 30(1) of the Central Civil Services (Pension) Rules, 1972, which the …

THE ENTERTAINMENT TAX OFFICERversusAMBAE PICTURE PALACE

1993 INSC 348

The Andhra Pradesh Entertainment Tax Officer appealed against a High Court order that struck down the retrospective operation of the Andhra Pradesh Entertainment Tax (Amendment) Act, 1985, which re‑imposed tax on the basis of gross collection capacity for the period 7 September 1984 to 24 October …

EMPLOYEES STATE INSURANCE CORPORATIONversusR.K. SWAMY AND ORS. ETC.

1993 INSC 349Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) issued a notification under Section 1(5) of the Employees' State Insurance Act, 1948 extending the Act to "shops" and claimed that advertising agencies and a steamship company fell within this category. The agencies contested, arguing that their …

THE RUBY SALES AND SERVICES (P) LTD. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 350

The appellants challenged the liability to pay stamp duty on a consent decree that transferred title to immovable property. The issue was whether such a decree qualifies as a "conveyance" under section 2(g) or an "instrument" under section 2(1) of the Bombay Stamps Act, 1958. The High Court’s single …

RAGHU SEEDS AND FARMS AND OTHERS ETC.versusTHE UNION OF INDIA AND ORS. ETC.

1993 INSC 351

The petitioners challenged the validity of the Central Government's notification dated 24 February 1983 declaring seeds of food‑crops, fruits and vegetables as essential commodities under the Essential Commodities Act, 1955, and the consequent Seeds (Control) Order, 1983 which required licences for …

S.P. CHENGALVARAYA NAIDU (DEAD) BY L.RS.versusJAGANNATH (DEAD) BY L.RS. AND ORS

1993 INSC 344

Jagannath, acting as a clerk for Chunilal Sowcar, purchased property at a court auction on behalf of his master and later executed a registered release deed relinquishing all his rights to the property. Despite this, he filed a partition suit claiming ownership and obtained a preliminary decree, …

CENTRAL BOARD OF SECONDARY EDUCATIONversusMS. VINEETA MAHAJAN AND ANR.

1993 INSC 339Appeal(s) allowed

Ms. Vineeta Mahajan appeared for a CBSE Class XII examination and was found by the invigilator in possession of three small pieces of paper in her pencil box. She claimed the papers were not used and that she had arrived late and forgotten to remove them. The CBSE Result Committee, invoking Rule …

MALA SINGHversusTHE FINANCIAL COMMISSIONER AND OTHERS

1993 INSC 341

Mala Singh, a long‑time tenant, occupied land owned by Kishan Dutt, a big land‑owner under the Punjab Security of Land Tenures Act, 1953. The land was declared surplus and later reserved as the tenant's permissible area, after which Kishan Dutt died and his heirs claimed to be small land‑owners. …

STATE OF BIHAR AND ANR.versusMADAN MOHAN SINGH AND ORS.

1993 INSC 330Appeal(s) allowed

The Bihar Government advertised for 32 Additional District and Sessions Judge vacancies and selected 32 candidates from a merit list of 129. The Patna High Court, relying on a resolution, held that the remaining candidates should be considered for future vacancies and directed the State to fill …

ROSILINE GEORGEversusUOI & ORS.

1993 INSC 323Dismissed

George Kutty Kuncheria, an Indian citizen, was arrested in Kerala following a U.S. request for his extradition on charges of embezzlement and related offences. The United States supplied authenticated documents, and the Indian Government ordered a magisterial inquiry under the Extradition Act, 1962. …

ANIL KUMAR SAWHNEYversusGULSHAN RAI

1993 INSC 326Appeal(s) allowed

Anil Kumar Sawhney and Gulshan Rai, shareholders of a private company, settled a dispute by a deed of compromise wherein Sawhney would transfer his shares to Rai for Rs.10 lakh payable by eight post‑dated cheques. Several of those cheques, dated in 1991, were later returned unpaid with the …

UNITED BANK OF INDIAversusTHE OFFICIAL LIQUIDATOR AND ORS.

1993 INSC 319Appeal(s) allowed

United Bank of India sued the Official Liquidator of Naskarpara Jute Mills Ltd., which was in liquidation, to recover a debt and to prevent the sale of the mortgaged land. The High Court, acting under Section 535 of the Companies Act, ordered the liquidator to disclaimer the lease of the land on the …

PARSINNI (DEAD) BY L.RS. AND ORS.versusSUKHI AND ORS.

1993 INSC 297Appeal(s) allowed

Wazira Singh died leaving three sons and two minor daughters. The daughters were given possession of 53 kanals 12 marlas of land until their marriage or death, and they remained in possession for over thirty years after marrying, while the sons never asserted any claim. The sons filed a suit in 1963 …

JATTU RAMversusHAKAM SINGH AND ORS.

1993 INSC 298Appeal(s) allowed

Jattu Ram exchanged his land with Hakam Singh, who later lost the exchanged land due to a defect in title and a court decree in favor of the minors of Kartar Kaur. To compensate, Hakam Singh gave Ram 47 kanals 1 marla of land and promised further compensation. Ram sued for a declaration that he held …

PROF. SUMER CHANDversusUNION OF INDIA AND ORS.

1993 INSC 284Dismissed

Prof. Sumer Chand was acquitted of several IPC offences after being prosecuted by police officers. He subsequently filed a civil suit for Rs. 3,00,000 damages alleging malicious prosecution against the police officers who had registered the false report and filed the challan. The respondents …

PAVITRI DEVI AND ANR.versusDARBARI SINGH AND ORS.

1993 INSC 286Appeal(s) allowed

Brahmadeo Singh, a coparcener in a Mitakshara joint family, filed a suit for partition of his share. The suit was dismissed and while the appeal was pending he died. His alleged daughter, Pavitri Devi, filed an application for substitution, claiming she was his heir and that a registered gift deed …

K. PARAMESWARAN PILLAI(DEAD)versusK. SUMATHI@ JESIS JESSIE JACQUILINE & ANR.

1993 INSC 287Dismissed

The case concerned a usufructuary mortgage created in 1947 and a second mortgage in 1966, where the mortgagee filed a redemption suit and obtained a preliminary decree requiring payment by May 6, 1970. The mortgagee later withdrew an earlier interlocutory application and, after the mortgagor …

UNION OF INDIA AND ORS.versusALANG SHIP BREAKERS PVT. LTD., BHA VNAGAR AND ORS.

1993 INSC 279Appeal(s) allowed

The petitioners, ship‑breakers, were directed by the Central Excise authorities to pay duty on ship scrap, which they contested as not being ‘manufacture’ under the Central Excises and Salt Act, 1944. The Gujarat High Court, in an interim order, allowed them to clear the scrap on payment of 25% of …

HIS HIGHNESS MAHARAJA PRATAP SINGHversusHER HIGHNESS MAHARANI SAROJINI DEVI AND ORS.

1993 INSC 268Appeal(s) allowed

The Supreme Court examined two disputes concerning properties bought by the former ruler of Nabha, R.S., benami in the names of others. The first involved the Simla property (Sterling Castle) and the second the Delhi property (34 Alipur Road). The Court held that the rule of primogeniture, which …

DISTRICT MAGISTRATE AND ANR.versusR. KUMARAVEL

1993 INSC 254Appeal(s) allowed

The Supreme Court examined appeals by the State of Tamil Nadu against a Madras High Court order that had quashed preventive detention orders issued under the Tamil Nadu Prevention of Dangerous Activities of Boot‑leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum …

M/S CHAHAL ENGINEERING CONSTRUCTION CO.versusIRRIGATION DEPARTMENT, PUNJAB, SIRSA

1993 INSC 251Disposed off

The appellant, Mis Chahal Engineering, entered a turn‑key lump‑sum contract with the Punjab Irrigation Department to construct an aqueduct. Design changes increased quantities, and the contractor claimed extra payment, leading to arbitration. The first arbitrator treated the contract as having …

THE STATE BANK OF INDIAversusSHRI YUMNAM GOURAMANI SINGH

1993 INSC 242Appeal(s) allowed

The State Bank of India sued Yumnam Gouramani Singh for recovery of a loan amount and the trial court decreed a partial sum of Rs.9,962.91 with interest. The High Court reversed this decision, holding that the bank's books of account were not corroborated by any other evidence and thus could not …

COLLECTOR OF CENTRAL EXCISEversusM/S FUSEBASE ELTOTO LTD.

1993 INSC 243Appeal(s) allowed

The respondent, M/s Fusebase EltoTo Ltd., manufactured projection television sets consisting of a projection unit and a large screen, sold to institutions for large audiences. It claimed exemption from central excise duty under Notification No.68/86, which exempts broadcast television receiver sets. …

UNION OF INDIA AND ORS.versusI.T.C. LIMITED

1993 INSC 241Appeal(s) allowed

I.T.C. Ltd, a cigarette manufacturer, paid excise duty based on the price to secondary wholesale dealers, a mistake of law later corrected by the Supreme Court's Valtas decision. It filed five refund applications; three were allowed, two were rejected as time‑barred, but the Delhi High Court set …

M/S. GOBIND PERSHAD JAGDISH PERSHADversusNEW DELHI MUNICIPAL COMMITTEE

1993 INSC 228Dismissed After

The appellant owned a shop with a verandah that formed a continuous passage used by the public in Connaught Circus, New Delhi. The New Delhi Municipal Committee, invoking Section 171(4) of the Punjab Municipal Act, 1911, declared the verandah and similar ones as "public streets" for public safety …

HARPAL SINGH CHAUHAN AND ORS. ETC.versusSTATE OF U.P.

1993 INSC 217Case Partly allowed

Several lawyers were appointed as Assistant District Government Counsel (Criminal) under Section 24 of the Criminal Procedure Code and the Legal Remembrancer Manual. As their terms were about to expire, the District Judge prepared a List ‘A’ recommending their extension, but the District Magistrate …

HUCHAPPA YELLAPPA RADDER AND ANR.versusNINGAPPA BHEEMAPPA TALAWAR

1993 INSC 202Appeal(s) allowed

The dispute concerned agricultural lands in Karnataka that were originally hereditary Watans. Basappa Bheemappa, the former Watandar, re‑granted the lands under the Bombay Watans (Abolition) Act and subsequently sold them to the tenants, Huchappa Yellappa Radder and his father, on 31 March 1969. The …

PRABHUDA YAL AND OTHERSversusSTATE OF MAHARASHTRA

1993 INSC 209Dismissed

Sangita, a young married woman, was found burnt to death in the house of her in‑laws on the night of 14‑15 September 1984. She had previously complained of dowry‑related harassment and physical abuse by her husband, father‑in‑law, mother‑in‑law and sister‑in‑law. The trial court acquitted all four …

UNION OF INDIAversusB. JAYARAMAN AND ORS.

1993 INSC 196Dismissed

The petitioners, who were already serving as Superintendents Grade II, challenged the promotion of former Secretarial Assistants (respondents 2‑13) to Superintendent Grade I. They argued that the note in Schedule VII, Column II of the 1981 Recruitment Rules, which allowed the Assistants’ service …

SARU SMELTING(P) LTD.versusCOMMISSIONER OF SALES TAX, LUCKNOW

1993 INSC 197Dismissed

Saru Smelting (P) Ltd. appealed against the Commissioner of Sales Tax, Lucknow, contending that its phosphorous bronze, made of copper, tin and a small amount of phosphorous, fell within entry 2(a) of Notification No. ST‑II‑333/X‑1012‑1971 and was therefore liable to a reduced sales‑tax rate of 1%. …

SURENDRA PAL SINGHversusTHE BOARD OF REVENUE FOR RAJASTHAN AND ORS.

1993 INSC 198Dismissed

The case concerned the determination of ceiling area for Raghubir Singh under the Rajasthan Tenancy Act, 1955, where the Sub‑Divisional Officer (SDO) treated the father and his minor son Surendrapal Singh as separate units and allotted each 62 bighas 8 biswas. Raghubir Singh appealed the SDO's …

AIR VICE MARSHAL S.L. CHHABRA VSM (RETD.)versusUNION OF INDIA AND ANR.

1993 INSC 192Disposed off

Air Vice Marshal S.L. Chhabra, who had cleared all prior promotion grades, was considered by the Selection Board for promotion to Air Vice Marshal in 1987 but was not recommended because only one appraisal report was available and his performance was to be watched for a year. Adverse remarks in his …

D.K. YADAVversusJ.M.A. INDUSTRIES LTD.

1993 INSC 185Appeal(s) allowed

D.K. Yadav, a workman of J.M.A. Industries Ltd., was deemed to have abandoned his post after being absent for more than eight days and was terminated under clause 13(2)(iv) of the company's certified standing orders. The employer did not conduct a domestic enquiry nor gave Yadav an opportunity to be …

STATE OF WEST BENGALversusSAILENDRA NATH SEN

1993 INSC 163Appeal(s) allowed

The State of West Bengal challenged the High Court’s view that auction sales of raiyati interests, made in execution of rent decrees under the Bengal Tenancy Act, could be treated as sales under the Code of Civil Procedure and thus be valid. The Assistant Settlement Officer had revised the record of …

STATE OF HARYANAversusS.M. SHARMA AND ORS.

1993 INSC 157Appeal(s) allowed

S.M. Sharma, a Sub‑Divisional Officer of the Haryana State Agricultural Marketing Board, was entrusted with the current duty charge of the post of Executive Engineer on 13 June 1991. On 6 January 1992 the Chief Administrator withdrew this charge and transferred Sharma, who then filed a writ petition …

SMT. VANKA RADHAMANOHARIversusVANKE VENKATA REDDY AND ORS.

1993 INSC 158Amount Awarded

The appellant, a wife, complained that her husband subjected her to cruelty and later contracted a second marriage, invoking Sections 498A and 494 of the Indian Penal Code. The Andhra Pradesh High Court, applying Section 468 of the Criminal Procedure Code (CrPC), quashed the criminal proceedings on …

JAGTAR SINGHversusDIRECTOR, CENTRAL BUREAU OF INVESTIGATION AND ORS.

1993 INSC 151Dismissed

The appellant was selected by the Union Public Service Commission for the post of Senior Public Prosecutor, CBI, and was medically declared fit, but no appointment order was issued while other candidates were appointed. After unsuccessful representations to the Director, CBI and the Government of …

STATE OF KARNATAKAversusSUNAGAR BROS.

1993 INSC 152Appeal(s) allowed

The State of Karnataka appealed against Sunagar Bros., who had challenged a best judgment assessment for the year 1972-73. The first and second appellate authorities dismissed the appeal on the ground that the assessee had not paid the tax "not disputed in appeal". The Karnataka High Court reversed …

J.S. JADHAVversusMUSTAFA HAJI MOHAMED YUSUF AND OTHERS

1993 INSC 144Dismissed

The respondent engaged the appellant as counsel in a suit that was later compromised, directing the appellant to withdraw Rs 50,379 from the court receiver and remit the amount to the respondent. The appellant withdrew the money but paid only Rs 18,000, retaining the balance. A complaint was filed …

STATE OF WEST BENGALversusSINGELL TEA AND AGRICULTURAL INDUSTRIES LIMITED AND ORS.

1993 INSC 135Disposed off

The State of West Bengal issued a notification under the West Bengal Estates Acquisition Act, 1953 covering the tea garden of Singell Tea and Agricultural Industries Ltd., and the Revenue Officer assessed rent. The company contended it was not an intermediary and the land was free‑hold, challenging …

T.M. BALAKRISHNA MUDALIARversusM. SATY ANARA YANA RAO AND OTHERS

1993 INSC 136Appeal(s) allowed

The appellant, T.M. Balakrishna Mudaliar, purchased agricultural lands from Abdul Salam and Razia Begum and was assigned their right of repurchase under agreements dated 15‑April‑1963. The respondents, Satyanarayana Rao and his mother Pushpavathi Ammal, refused to execute reconveyance deeds, …

KKM NAIR AND ORS.versusUNION OF INDIA AND ORS.

1993 INSC 130Dismissed

The case concerned the promotion and seniority of Class III personnel in the Indian Ordnance Factories. A 1962 circular had granted accelerated promotion to diploma‑holding supervisors, but a 1966 circular withdrew that benefit. After decades of litigation, the Supreme Court in Virendra Kumar (Civil …

GANDHI GRAH NIRMAN SAHKARI SAMITI LTD. ETC. ETC.versusSTATE OF RAJASTHAN AND ORS.

1993 INSC 126Dismissed

The Gandhi Grab Nirman Sahkari Samiti Ltd., together with Bhawani Singh, purchased 3,49,000 sq. yards of land in Jaipur and submitted a development plan to the Urban Improvement Trust, which was objected to and referred to the State Government. The State Government, after hearing objections, issued …

V. BHASKER RAO AND ORS.versusSTATE OF A.P. AND ORS.

1993 INSC 109Dismissed

The petitioners, who were directly recruited as District and Sessions Judges (Second Grade) in 1981, claimed seniority over respondents 4‑16, who had been appointed temporarily in 1978/79 and made substantive in 1983 after promotion from the Subordinate judiciary. The dispute centered on the …

NATIONAL FEDERATION OF BLINDversusUNION PUBLIC SERVICE COMMISSION AND OTHERS

1993 INSC 110Case Partly allowed

The National Federation of Blind filed a writ petition under Article 32 seeking a mandamus directing the Union of India and UPSC to allow blind and partially blind candidates to compete for the Indian Administrative Service and allied services and to write the civil services examination in Braille …

P.M. BAYASversusUNION OF INDIA AND ORS.

1993 INSC 111Appeal(s) allowed

The petitioners, P.M. Bayas and the State of Maharashtra, challenged the Central Administrative Tribunal’s order quashing their selection to the Indian Administrative Service (IAS) under the special selection provisions of the IAS (Recruitment) Rules, 1954. The core issue was the interpretation of …

D.S. DALALversusSTATE BANK OF INDIA AND ORS,

1993 INSC 104Dismissed

The State Bank of India complained that D.S. Dalal and his partners, as advocates of Singh & Co., failed to file a recovery suit and misappropriated Rs. 11,475 paid for court fees and fees. The Bar Council of India, after hearing evidence that the suit filed on 15‑12‑1975 was returned by the Delhi …

FOOD CORPORATION OF INDIA AND ORS.versusJAGANNATH DUTTA AND ORS.

1993 INSC 105Appeal(s) allowed

The Food Corporation of India (FCI) entered into a storage agency agreement with Jagannath Dutta in 1967, which contained a clause allowing either party to terminate the contract with two months' notice without assigning a reason. In 1985, FCI decided, through a series of meetings and letters, to …

G. ANNAMALIA PILLAIversusDISTRICT REVENUE OFFICER AND ORS.

1993 INSC 97Dismissed

The father of a minor leased his son's land to G. Annamalai Pillai for five years, a term that extended beyond the minor's attainment of majority, violating Section 8(2)(b) of the Hindu Minority and Guardianship Act, 1956. The minor, upon reaching majority, avoided the lease under Section 8(3), …

NARENDRA KUMAR AND ANR. ETC.versusDHARAM DUTT AND ANR. ETC.

1993 INSC 99Disposed off

The Supreme Court examined several writ petitions filed by employees of the New Delhi Municipal Committee (NDMC) seeking the benefit of the Shiv Shankar Committee (SSC) pay‑scales on the ground of equal pay for equal work under Article 39(d) of the Constitution. The petitions concerned various …

MULLAPUDI VENKATA KRISHNA RAOversusVEDULASURYANARAYANA

1993 INSC 88Appeal(s) allowed

The election of Mullapudi Venkata Krishna Rao to the Andhra Pradesh Legislative Assembly was challenged on the ground that he had used a poster depicting N.T. Rama Rao as Lord Krishna, together with a sloka from the Bhagavad Gita and a derogatory reference to the Congress party, thereby violating …

COMMISSIONER OF INCOME TAX, CALCUTTAversusBRAITHWAITE AND CO. LTD.

1993 INSC 79Appeal(s) allowed

The respondent, Braithwaite & Co. Ltd., obtained a Rs 50 lakh term loan repayable in five instalments over a period of seven years and claimed the loan amount as part of its capital base to obtain the 10 % statutory deduction under Rule 1(v) of the Second Schedule to the Companies (Profits) Surtax …

OM PRAKASH AND ORS.versusSMT. SUNHARI DEVI AND ORS.

1993 INSC 74Appeal(s) allowed

The landlords (appellants) filed an eviction petition under Section 21(1)(a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bonafide need for a shop premises. The prescribed authority dismissed the petition, but the appellate authority reversed the …

U.P. FINANCIAL CORPORATIONversusGEM CAP (INDIA) PVT. LTD. AND ORS.

1993 INSC 75Appeal(s) allowed

U.P. Financial Corporation (U.P.F.C.) granted a loan of Rs. 29.70 lakhs to Gem Cap (India) Pvt. Ltd., which soon became a sick unit and defaulted on repayments. U.P.F.C. issued a notice under Section 29 of the State Financial Corporations Act, 1951 to take over the unit for recovery of Rs. 38.57 …

RAYMOND WOOLLEN MILLS LTD.versusM.R.T.P. COMMISSIONS AND ANR.

1993 INSC 72Dismissed

The Monopolies and Restrictive Trade Practices (M.R.T.P.) Commission issued a notice alleging that Raymond Woollen Mills Ltd. engaged in resale price maintenance because its price lists did not state that dealers could charge lower prices. The Commission held that the price lists merely indicated …

A.P. STATE ELECTRICITY BOARD AND ORS.versusSARADA FERRO ALLOYS LTD.

1993 INSC 69Leave granted

The Andhra Pradesh State Electricity Board (APSEB) granted a 25% rebate on demand and energy charges to high‑tension industries, initially for three years from the date of regular production and later extended for two additional years by a government order dated 23 August 1985. The Board …

BHASKAR GAJANAN KAJREKARversusADMINISTRATOR, DADRA AND NAGAR HAVEL! AND ORS.

1993 INSC 64Appeal(s) allowed

The appellant, B. Gajanan Kajrekar, retired after 23 years of service as Chief of Police in Dadra and Nagar Haveli, but was denied pension on the ground that he had never been substantively appointed to any post. He challenged the denial before the Central Administrative Tribunal, which held that he …

SARDAR SINGHversusSTATE (DELHI ADMINISTRATION, DELHI)

1993 INSC 65Case Partly allowed

Sardar Singh, his wife Saraswati and his brother's wife Savitri were charged with murder and with concealing evidence under Sections 302/34 and 201/34 of the IPC. The prosecution relied solely on circumstantial evidence: the deceased's illicit relationship with Saraswati and Savitri, the discovery …

SARVA SHRAMIK SANGH, BOMBAYversusINDIAN HUME PIPE CO. LTD. AND ANR.

1993 INSC 55Appeal(s) allowed

The Sarva Shramik Sangh, a labour union, sought dearness allowance for daily‑rated workers at the same rate as monthly‑rated workers, retrospectively from 15 November 1965. After failed conciliation in 1965‑67, the union reiterated the demand in a 26 April 1968 memorandum, leading to a government …

R.S.D.V. FINANCE CO. PVT. LTD.versusVALLABH GLASS WORKS LTD.

1993 INSC 33Appeal(s) allowed

R.S.D.V. Finance Co. deposited Rs.10,00,000 with Vallabh Glass Works for 90 days at 19% interest. When the deposit matured, the defendant failed to pay and issued five post‑dated cheques that later bounced, prompting a summary suit. The defendant argued that the deposit receipt’s endorsement …

PULIN BEHARI LALversusMAHADEB DUTTE AND ORS.

1993 INSC 37Dismissed

The appellant, Pulin Behari Pal, was a tenant of a shop premises that was purchased by the respondents in 1973. He had sub-let the premises in 1970 without the landlord's prior written consent and continued to pay rent until January 1975. The respondents served a notice to quit on the grounds of …

OFFICIAL TRUSTEE OF TAMIL NADUversusUDAVUMKARANKAL AND ORS.

1993 INSC 30Appeal(s) allowed

The Official Trustee of Tamil Nadu, acting as trustee of a marriage hall trust, demolished the existing building and planned a new construction after an architect’s report recommended demolition, but without obtaining a fresh High Court order beyond the earlier sanction for roof conversion costing …

SMT. PRERNA AND ANR.versusM.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS

1993 INSC 26Appeal(s) allowed

Padmakar More died in a bus accident in 1978, and his father, widow, and minor daughter filed a claim for compensation under the Motor Vehicles Act. The Motor Accidents Claim Tribunal awarded Rs 26,000, fixing the family’s monthly dependency at Rs 150 based on an unsubstantiated claim that the …

UNION OF INDIAversusSHER SINGH AND ORS.

1993 INSC 27Appeal(s) allowed

The State of Haryana acquired land in Gurgaon for the National Security Guard at the request of the Union of India. Landowners filed reference petitions under Section 18 of the Land Acquisition Act, 1894 seeking higher compensation. The Union of India applied to be impleaded as a respondent, arguing …

RAJASTHAN HOUSING BOARD AND ORS. ETC. ETC.versusKISHAN AND ORS. ETC. ETC.

1993 INSC 23Dismissed

The Rajasthan Government issued a notification under the Rajasthan Land Acquisition Act, 1953 to acquire about 2,517 bighas of land for the Rajasthan Housing Board and, under Section 17(4), dispensed with the inquiry required by Section 5(A). The acquisition was challenged on the grounds that the …

CHAYA AND ORS.versusBAPUSAHEB AND ORS.

1993 INSC 24Appeal(s) allowed

A suit filed by 56 members of the public sought a declaration of a customary right to bury the dead on two parcels of land (R.S. Nos. 975/1 and 975/2) and a permanent injunction against 15 defendants, who were the brother‑owners and subsequent purchasers of the land. The trial court decreed in …

ANWARI BASAWARAJ PATIL AND ORS.versusSIDDARAMAIAH AND ORS.

1993 INSC 25Dismissed

The first respondent, a defeated candidate, filed an election petition challenging the election of the appellant. The appellant filed a recrimination notice under Section 97 of the Representation of the People Act, 1951, but did so beyond the 14‑day period prescribed, and sought condonation of the …

A. TRIPATHI AND ANR. ETC. ETC.versusJ.P. GUPTA AND ORS. ETC. ETC.

1993 INSC 3Disposed off

The case concerned the constitution of the Selection Committee for the post of Additional Chief Engineer (Level‑II) in U.P. Jal Nigam. The petitioner, G. Gupta, claimed that the 1989 Committee was invalid because the Chairman of the Jal Nigam was nominated as the "expert" instead of a technical …

HIMACHAL PRADESH STATE ELECTRICITY BOARDversusSOMDUTT UPPAL AND ANR.

1992 INSC 348Appeal(s) allowed

The case concerned two employees of the Himachal Pradesh State Electricity Board, Shri D.R. Mehta and Shri Uppal, who were promoted to the post of Superintendent after passing the Subordinate Accounts Service (SAS) examination. Mehta passed the exam in October 1972 and was appointed in April 1973, …

ST. JOSEPH TEXTILESversusUNION OF INDIA AND ANR.

1992 INSC 349Dismissed

St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the …

BRITISH MACHINARY SUPPLIES COMPANYversusUNLON OF INDIA AND ORS.

1992 INSC 350Dismissed

The appellant, a user of steel products, applied to the Steel Authority of India Limited (SAIL) for imported G.P. sheets/coils. After registering a demand and opening letters of credit, SAIL offered supplies at a price that was later increased by Rs. 800 per metric ton following a decision of the …

STATE OF MAHARASHTRAversusRATTANLAL

1992 INSC 339Appeal(s) allowed

Rattanlal filed a declaration under Section 12 of the Maharashtra Agricultural Land (Ceiling and Holdings) Act, 1961. The Surplus Land Determination Tribunal declared 9 acres 8 guntas of his land surplus, an order affirmed by the Revenue Tribunal after a modification. Later the Additional …

DHIRAJ LAL H. VOHRA ETC. ETC.versusUNION OF INDIA AND ORS.

1992 INSC 337Dismissed

The petitioners imported ball bearings that arrived at Madras port on 20 February 1989 but could not be unloaded due to a strike. They presented a bill of entry on 27 February, which was received on 28 February, and entry inward was granted on 2 March 1989. The rate of excise duty was increased on 1 …

STATE OF KARNATAKAversusAPPA BALU JNGALE AND ORS.

[1992] SUPP. 3 S.C.R. 284Appeal(s) allowed

The State of Karnataka appealed against a Karnataka High Court judgment that acquitted Appa Balu Ingale and others of offences under Sections 4 and 7 of the Protection of Civil Rights Act, 1955. The accused were alleged to have used a gun threat to prevent Harijan (Dalit) villagers from drawing …

JEET SINGH ETC.versusSTATE OF U.P. AND ORS.

1992 INSC 323Dismissed

The appellants, Jeet Singh (who had two wives) and his first wife Mayawati, challenged the inclusion of two plots transferred to Mayawati in Jeet Singh's land holding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, arguing that Mayawati was a "judicially separated" wife and …

STATE BANK OF INDIA AND ANR.versusV. PARTHASARATHY ETC.

1992 INSC 305Appeal(s) allowed

The State Bank of India issued Staff Circular No. 42, which laid down a three‑option procedure for promotion of clerks to Head Clerk, with permanent debarment if the final offer is refused. The respondents, clerks in the Madras Regional Office, declined the first two offers and were then given a …

SHANTILAL KASHIBHAI PATELversusSTATE OF GUJARAT

1992 INSC 298Appeal(s) allowed

The case involved a complaint that food inspectors demanded a bribe of Rs 5,000 for a food‑safety inspection. The complainant, after paying part of the amount, approached the Anti‑Corruption Bureau, which recorded the transaction in the presence of two Panch witnesses and used anthracene powder to …

INDIAN BANKversusK. NATARAJA PILLAI AND ANR.

1992 INSC 294Appeal(s) allowed

Indian Bank sued K. Nataraja Pillai, his wife and son to recover Rs.1,21,006.98 secured by a promissory note, hypothecation deeds and an equitable mortgage. The defendants denied execution of the note and guarantee agreement, alleging fraud, undue influence and, in the son’s case, minority. The …

SAROJINI AND ORS.versusSTATE OF M.P. AND ORS.

1992 INSC 284Dismissed

Vinod Bhalla and his mother-in-law Sarojini were charged with the homicide of Rajini, the wife of Vinod, under sections 302 and 34 of the IPC, alleged to be a dowry death. The trial court convicted them, but the High Court acquitted both of the murder charge, convicting only Sarojini under section …

M.B. JOSHI AND ORS. ETC. ETC.versusSATISH KUMAR PANDEY AND ORS. ETC. ETC.

1992 INSC 281Appeal(s) allowed

The case concerned Sub‑Engineers in the Madhya Pradesh Public Health Engineering Department, some of whom were diploma‑holders who later obtained a degree in engineering. Under the Service Rules, diploma‑holders required 12 years of service for promotion to Assistant Engineer, whereas those who …

BALWANT SINGH AND ORS.versusGURBACHAN SINGH AND ORS.

1992 INSC 282Appeal(s) allowed

In execution of a pre-emption decree, the respondent was given actual possession of 135 kanals and symbolic possession of an additional 62 kanals 13 marlas, which was beyond the decree's terms. The appellants' father filed a declaratory suit in 1965, which was decided in his favour and affirmed in …

MULLAGIRI VAIRAM AND ORS.versusSTATE OF ANDHRA PRADESH

1992 INSC 283Disposed off

The case concerned the murder of the village Sarpanch, Nethala Veeraswamy, for which twelve persons were charged. The trial court convicted all under Section 302 read with Section 149 of the IPC, but the Andhra Pradesh High Court set aside the convictions of seven accused and upheld the convictions …

STATE OF MADHYA PRADESH AND ANR.versusSYED NASEEM ZAHIR AND OTHERS

1992 INSC 274Appeal(s) allowed

Syed Naseem Zahir, a Superintending Engineer, was considered for promotion to Chief Engineer by the Departmental Promotion Committee (DPC) in October 1987. Because disciplinary proceedings were contemplated, the DPC placed its recommendation in a sealed cover, although the charge sheet was only …

UNION OF INDIA AND OTHERSversusRAJENDRA SINGH ETC

1992 INSC 273Appeal(s) allowed

Two Rakshaks of the Railway Protection Force, appointed and later dismissed by the Assistant Security Officer, challenged their dismissals on the ground that only the Chief Security Officer could appoint and dismiss under the Railway Protection Force Act, 1957. The High Court had set aside the …

PASHORA SINGH AND ANR.versusSTATE OF PUNJAB

1992 INSC 271Case Partly allowed

Pashora Singh and his brother Lahora Singh were tried for offences under Sections 307, 447, 326, 324 and 323 read with Section 34 of the Indian Penal Code for inflicting injuries on Amar Singh and Pal Singh in 1981. The trial court convicted them of the latter four offences and, as they were not …

CRESCENT IRON AND STEEL CORPORATION LTD.versusUNION OF INDIA AND ANOTHER

1992 INSC 272Appeal(s) allowed

Crescent Iron and Steel Corporation Ltd., a private foundry, locked out its operations in July 1985 and referred the matter to the BIFR under Section 15(1) of the Sick Industrial Company (Special Provisions) Act, 1985. While the reference was pending, it sought closure permission under Section 25 of …

N.F. SALIversusSTATE OF KARNATAKA AND ORS.

1992 INSC 267Appeal(s) allowed

The Karnataka Government framed special recruitment rules in 1985 to appoint Scheduled Caste and Scheduled Tribe candidates to certain Group A and B posts, prescribing a Board‑conducted oral test and a specific procedure for publishing merit lists. Unsuccessful candidates challenged the Board’s …

STATE OF MADHYA PRADESH AND ANR.versusPRAMOD BHARTIYA AND ORS.

1992 INSC 268Appeal(s) allowed

The State of Madhya Pradesh appealed against an order of the Madhya Pradesh Administrative Tribunal that had directed equalisation of pay scales between lecturers in Government Higher Secondary Schools and non‑technical lecturers in Technical Schools. The respondents, lecturers in Higher Secondary …

RAM PARKASH MAKKARversusSTATE OF HARYANA AND ORS.

1992 INSC 261Appeal(s) allowed

Ram Parkash Makkar was appointed as a Steno‑Typist in the Haryana Civil Secretariat in 1973 and was placed at the disposal of the Directorate of Local Bodies as an Assistant on 8 January 1986 on a transfer basis, with a one‑year probation and a clause that the appointment was temporary and he could …

STATE OF U.P. AND ORS.versusVII ADDITIONAL DISTRICT JUDGE AND ORS.

1992 INSC 252Dismissed

The landlord of a building let to the Uttar Pradesh Sales Tax Department applied for a rent enhancement under the U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972. The Rent Control Officer enhanced the rent by assessing the market value of the building, adding the value of …

SEWARAMversusSOBARAN SINGH

1992 INSC 246Dismissed

Sewaram was elected to the Madhya Pradesh Legislative Assembly from Morena, but his opponent Sobaran Singh challenged the election alleging that Sewaram held contracts with the state government at the time of filing his nomination, which would disqualify him under Section 9‑A of the Representation …

M.G. PANDKE AND ORS.versusMUNICIPAL COUNCIL HINGANGHAT DISTRICT WARDHA AND ORS.

1992 INSC 240Appeal(s) allowed

The appellants, teachers employed by the Hinganghat Municipal Council before November 1956, claimed that their statutory retirement age was 60 years under the Madhya Pradesh Secondary Education Act, 1951 and the subsequent Maharashtra Secondary Schools Code, which provided an exception for Vidarbha …

STATE OF TAMIL NADU AND ANR.versusC. SUBRAMANI AND ORS.

1992 INSC 239Appeal(s) allowed

The respondents were involved in the manufacture and sale of illicit liquor that caused several deaths, and were detained under Sections 3(1) and 3(2) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and …

BIRENDRA KUMAR RAI ALIAS VIRENDRA KUMAR RAIversusUNION OF INDIA AND ORS.

1992 INSC 235Dismissed

Birendra Kumar Rai was arrested under the Arms Act and Motor Vehicles Act and was in jail when a complaint under the NDPS Act was filed. While he remained in custody, a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 …

STATE OF MADHYA PRADESHversusSRIKANT CHAPHEKAR

1992 INSC 231Appeal(s) allowed

The respondent, an Assistant Director in Madhya Pradesh, was superseded for promotion in 1981 by the Departmental Promotion Committee (DPC) on the basis of adverse confidential reports, some of which were later expunged. He was eventually promoted in 1986 and thereafter filed an application before …

SAT PAL @ SADHUversusSTATE OF HARYANA AND ANR.

1992 INSC 210Dismissed

Sat Pal alias Sadhu, convicted under Section 302 IPC and sentenced to life imprisonment in 1978, filed a writ petition claiming his continued detention was illegal because he had served more than 14 years (including remission) and thus his sentence should be deemed commuted under Section 55 of the …

TEJ SINGH RAOversusSTATE OF MAHARASHTRA

1992 INSC 213Dismissed

Tej Singh Rao, a descendant of a Maratha general, held 294.61 acres in the former Nagpur State and claimed that the land was covered by a sovereign grant made by the ruler Raghoji II in 1793, which he argued was a legislative act protected by Article 372 of the Constitution and therefore exempt from …

UNION OF INDIA AND ORS.versusSURYA PHOSPHATE LIMITED AND ANR.

1992 INSC 203Appeal(s) allowed

The case concerned the interpretation of a circular dated 19 June 1982 issued by the Fertilizer Industry Coordination Committee (FICC) regarding the payment of a differential subsidy for Single Super Phosphate (SSP). Surya Phosphate Ltd. argued that the circular promised a subsidy based on the …

R.M. GURJAR AND ANR.versusHIGH COURT OF GUJARAT AND ORS.

1992 INSC 200Dismissed

Two junior clerks in the Gujarat civil courts, R.M. Gurjar and D.N. Jadhav, were found to have falsely identified three persons before a magistrate and admitted the charge. The District Judge, as disciplinary authority under Gujarat Civil Services (Discipline & Appeal) Rules, 1971, imposed a …

STATE OF RAJASTHAN AND ORS. ETC. ETC.versusKISHAN SINGH ETC. ETC.

1992 INSC 194Appeal(s) allowed

The State of Rajasthan issued a notification on 30 May 1978 under Section 2(i)(a) of the Rajasthan Colonisation Act, 1954, appointing all Colonisation Tehsildars to perform the functions and exercise the powers of the Collector under Section 22 of the same Act. The Tehsildars used this authority to …

DARSHAN LAL MEHRA AND 23 OTHERSversusUNION OF INDIA AND OTHERS

1992 INSC 191Dismissed

The petitioners, owners of cinema halls in Lucknow, challenged the theatre tax imposed by the Lucknow Nagar Mahapalika under Sections 172 and 2(77) of the U.P. Nagar Mahapalika Adhiniyam, 1959, arguing that the statute unlawfully delegated legislative power to the Mahapalika and that the …

MISS MOHINI JAINversusSTATE OF KARNATAKA AND ORS.

1992 INSC 186Case Partly allowed

Miss Mohini Jain, an Indian student from outside Karnataka, was denied admission to a private medical college after she could not pay a Rs.60,000 annual fee, which she alleged to be a capitation fee. She filed a writ petition under Article 32 challenging the Karnataka Government's 1989 notification …

GANGABAI CHARITIESversusCOMMISSIONER OF INCOME-TAX AND ANR.

1992 INSC 183Dismissed

The Supreme Court examined whether the income of Ganga Bai Charities, a trust that owned a building let out as a marriage hall and operated a printing press, qualified for exemption under Section 11(l)(a) of the Income Tax Act, 1961. The trust argued that its income was wholly applied to religious, …

JIVENDRA NATH KAUL ETC.versusTHE COLLECTOR/DISTRICT MAGISTRATE AND ANR ETC.

1992 INSC 184Dismissed

J.N. Kaul, elected president of the Zilla Parishad, Lucknow, was removed after a no‑confidence motion was passed. Kaul challenged the validity of the motion, arguing that two nominated members were disqualified as they held offices of profit and that the phrase "for the time being" in Section 28(11) …

DR. L.P. AGARWALversusUNION OF INDIA AND ORS

1992 INSC 177Appeal(s) allowed

Dr. L.P. Agarwal was appointed Director of AIIMS for a five‑year term or until he turned 62, whichever came first, and was confirmed in the post in February 1980. In November 1980 the Institute‑Body retired him immediately in the public interest, paying three months' salary in lieu of notice. He …

STATE OF KARNATAKAversusLAKSHMANAIAH

1992 INSC 178Appeal(s) allowed

Lakshmanaiah was charged with murdering his wife Nagarathnamma and with theft of his mother‑in‑law's property. The prosecution relied on circumstantial evidence showing a motive of money, prior maltreatment of the wife, and that the accused sent the mother‑in‑law, her daughter and a relative out of …

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

1992 INSC 167Hearing Adjourned

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

R.L. BANSAL AND ORSversusUNION OF INDIA AND ORS.

1992 INSC 153Appeal(s) allowed

The petitioners, Assistant Engineers in the Central Public Works Department, challenged the 1979 (amended 1982) Rules that made seniority for engineers appointed after 22 December 1959 depend on the date of confirmation, arguing that this classification unfairly disadvantaged promotees and violated …

M.R. PRATAPversusV.M. MUTHUKRISHNAN, INCOME-TAX OFFICER, CENTRAL - III, MADRAS

1992 INSC 141Dismissed

M.R. Pratap, the Managing Director of Rayala Corporation Private Ltd., signed and verified the company's income‑tax return for AY 1965‑66, which was later found to be false. He was prosecuted under section 277 of the Income‑Tax Act for wilfully making a false verification. The appellant contended …

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

1992 INSC 142Disposed off

The Supreme Court examined appeals filed by promotees of the Indian Statistical Service challenging a seniority list that excluded periods of service in "ex-cadre" posts. The issue arose from the earlier judgment in Narender Chadha v. Union of India (1986), where the Court had directed that …

SURINDER KUMAR AND ANR.versusSTATE OF HARYANA

1992 INSC 135Dismissed

Surinder Kumar's second wife, Sheema, died from severe burn injuries. Kumar and his son were convicted of murder under Sections 302 and 34 of the IPC and of cruelty under Section 498‑A, based primarily on a dying declaration recorded before a Judicial Magistrate, with a doctor's certificate that she …

COMMISSIONER AND SECRETARY TO GOVERNMENT COMMERCIAL TAXES AND RELIGIOUS ENDOWMENTS DEPARTMENT AND ORS.versusSREE MURUGAN FINANCING CORPORATION COIMBATORE AND ORS.

1992 INSC 122Appeal(s) allowed

The Supreme Court examined amendments to the Tamil Nadu Chit Fund Rules, 1964 that raised the registration fee for chit‑fund bye‑laws (Article 1) and introduced a fee for filing audited balance‑sheets (Article 8‑A). The respondents argued that the fees were disproportionately high, lacked a …

PUNDLIK KRISHNA JI AND ORS.versusTRIMBAK BHIKAJI PATIL AND ORS.

1992 INSC 123Appeal(s) allowed

The dispute involved about 20 acres of agricultural land owned by Trimbak Bhikaji Patil (respondent) and cultivated by Pundlik Krishna, Keshao Krishna and Zipra Wanchhu (appellants) since 1951, who claimed protected‑lessee status under the Berar Regulation of Agricultural Leases Act, 1951 and the …

MULAKH RAJ ETC.versusSATISH KUMAR AND OTHERS

1992 INSC 106Case Partly allowed

The case concerned the death of Shashi Bala, wife of Satish Kumar, who was alleged to have been strangled and her body burnt to destroy evidence. The trial court convicted Kumar under Sections 302 and 201 IPC based on the post‑mortem report, medical testimony and circumstantial evidence, while …

STATE OF U. P.versusHANIF

1992 INSC 95Appeal(s) allowed

The State of Uttar Pradesh convicted Hanif under sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated milk, sentencing him to six months' rigorous imprisonment and a fine. The conviction was affirmed by the Sessions Court but set aside by the Allahabad High …

STATE OF ORISSAversusDAMBURU NAIKO AND ANR.

1992 INSC 97Appeal(s) allowed

The State of Orissa prosecuted Dambru Naiko and another accused for kidnapping and gang rape of a village girl, Manguri Bhotruni, under IPC sections 366, 376 and 34. The victim identified the two respondents in an identification parade and medical examination showed injuries to her private parts, …

BASANAGOUDAversusDR. S. B. AMARKHED AND ORS.

1992 INSC 98Case Partly allowed

Basanagouda was elected to the Karnataka Legislative Assembly and was challenged by Dr. S. B. Amarkhed, the nearest unsuccessful candidate, who alleged booth‑capturing and rigging of votes. The High Court, relying on Order XI Rule 14 and Order XVI Rule 6 of the CPC, ordered the production of various …

Y.P. CHAWLA AND ORSversusM.P. TIWARI AND ANR.

1992 INSC 101Appeal(s) allowed

The respondents, Tiwari and Passi, were prosecuted under Section 276‑B of the Income‑Tax Act for failing to deposit TDS. They applied to the Commissioner for compounding of the offences under Section 279(2). The Central Board of Direct Taxes had issued Instruction No. 1317 under Section 119(1) …

STATE OF ANDHRA PRADESHversusY. BASAVADEVUDU AND ANR.

1992 INSC 91Appeal(s) allowed

The State of Andhra Pradesh prosecuted Y. Basavadevudu and S. Subha Rao for embezzling Rs.1,22,500 by falsifying entries related to fake RBI demand drafts in a Sub‑Treasury. The trial court found the accused and an approver guilty under IPC sections 409, 467, 471 and 477‑A, but the High Court …

HARDEO KAUR AND ORS.versusRAJASTHAN STATE TRANSPORT CORPORATION AND ANR.

1992 INSC 83Appeal(s) allowed

The widow of Major Dalip Singh and his two minor sons filed a claim before the Motor Accidents Claims Tribunal after a bus collided with their car, killing the Major and injuring the children. The Tribunal awarded compensation based on the assumption that the deceased spent half his salary on …

KUMAR PADMA PRASADversusUNION OF INDIA AND ORS.

1992 INSC 69Case Allowed

The petition challenged the appointment of K.N. Srivastava as a Judge of the Gauhati High Court on the ground that he did not satisfy the qualifications under Article 217(2) of the Constitution. The Court examined the meaning of "judicial office" and held that it must be an office within the …

BANWASI SEVA ASHRAMversusSTATE OF U.P. AND ORS.

1992 INSC 52Disposed off

The Supreme Court, hearing a public‑interest writ filed by Banwasi Seva Ashram on behalf of Adivasi land‑owners displaced by the Rihand Super‑Thermal Power Project of NTPC, reviewed the rehabilitation measures ordered in 1986 and issued a final order in 1992. The Court directed NTPC, in …

SAKHARAMversusSTATE OF MADHYA PRADESH

1992 INSC 43Appeal(s) allowed

Sakharam, a 16‑year‑old boy, was living alone with his grandfather when his aunt, Awadhrani, stayed with him for about eight to ten days. On 29 October 1968 a gun‑shot was heard; neighbours found Awadhrani dead with a 12‑bore gun nearby and Sakharam standing nearby, crying. The trial court, relying …

DAGI RAM PINDI LAL AND ANRversusTRILOK CHAND JAIN AND ORS.

1992 INSC 37Appeal(s) allowed

The plaintiff sought recovery of a sum and, during trial, obtained court summons for the Income Tax Department to produce assessment records of the defendants for years 1964-65 to 1971-72. The Department produced the records in sealed covers, claiming privilege under the then‑applicable Section 137 …

BHAGWAN SWAROOPversusSTATE OF MADHYA PRADESH

1992 INSC 33Appeal(s) allowed

Bhagwan Swaroop was charged with murder, attempt to murder, trespass and a violation of the Arms Act after he fired his father's licensed gun during a dispute over land. The father, Ramswaroop, was being beaten with a lathi by the complainant Shahjor Singh when Bhagwan, fearing for his father's …

BHAGEL SINGHversusSWARAN SINGH AND ORS.

1992 INSC 25Disposed off

The dispute arose over a proposed drain through the fields of the complainant, Baghel Singh, leading to a violent clash between his party and that of Swaran Singh and his brothers. During the altercation, Swaran Singh, armed with a rifle, fired two shots that killed Kandhara Singh and Darbara Singh, …

N. M. PARTHASARATHYversusSTATE BY S. P. E.

1992 INSC 18Disposed off

N.M. Parthasarathy, a former Inspector of Industries, and another Inspector were charged with criminal conspiracy to obtain a Small Scale Industries Registration Certificate, Essentiality Certificate and import licences by making false representations. The trial court acquitted them, but the Madras …

BISHAN DAYAL AND ORS.versusSTATE OF DELHI (ADMN.)

1991 INSC 347Disposed off

A highway robbery on 20 April 1975 resulted in the death of Naresh Chand after he was stabbed. Five persons were initially charged; the Delhi High Court acquitted one, leaving four accused. The High Court convicted the four under Sections 302/34 IPC (murder with common intention) and 394 IPC …

ASSAM SILLIMANITE LIMITED AND ANR.versusUNION OF INDIA AND ORS.

1991 INSC 334Dismissed

Assam Sillimanite Ltd., a public company that owned a refractory plant, challenged the Assam Sillimanite Ltd. (Acquisition & Transfer of Refractory Plant) Act, 1976 which vested the plant in the Central Government and fixed a payment of Rs 1,07,17,000. The company argued that the amount was …

GUDALURE M. J. CHERIAN AND ORS.versusUNI0N OF INDIA AND ORS.

1991 INSC 328Disposed off

Three miscreants broke into a Christian missionary school in Uttar Pradesh on the night of July 12/13, 1990, assaulting and raping two nuns and looting cash and jewellery. The police arrested four persons, recovered some watches, and filed a charge‑sheet, but the victims refused to identify the …

STATE OF ORISSAversusK. RAJESHWAR RAO

1991 INSC 293Appeal(s) allowed

The respondent, K. Rajeshwar Rao, sold cumin that was found to be adulterated on 13 March 1976. He was charged under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954. The trial court and the High Court acquitted him on the ground that his father owned the …

HOSHIAR SINGH AND ORSversusSTATE OF PUNJAB

1991 INSC 277Dismissed

A civil dispute over a plot of land led to a violent incident on 16 December 1975 in which nine accused, armed with firearms and bladed weapons, attacked the complainants, resulting in several deaths and injuries. The trial court acquitted four of the accused and convicted the remaining five under …

T .P. SRIVASTAVAversusNATIONAL TOBACCO CO. OF INDIA LTD ..

1991 INSC 260Dismissed

T.P. Srivastava, employed as a Section Salesman by National Tobacco Co., was terminated in July 1973 for alleged unauthorized absence. The Government of Rajasthan referred the matter to the Labour Court to determine whether the termination was lawful and whether Srivastava qualified as a "workman" …

MADHU KISHWAR AND ORS.versusSTATE OF BIHAR

1991 INSC 261Amount Awarded

The petitioners, women belonging to the Ho and Oraon Scheduled Tribes of Chhota Nagpur, challenged Sections 7 and 8 of the Chhota Nagpur Tenancy Act, 1908, on the ground that restricting succession to the male line violated the equality guarantees of the Constitution. The State of Bihar set up a …

R. S. RAGHUNATHversusSTATE OF KARNATAKA AND ANR.

1991 INSC 253Appeal(s) allowed

R.S. Raghunath, an officer in the Karnataka Motor Vehicles Department, challenged the promotion of another officer to Deputy Commissioner of Transport, arguing that the Special Rules of 1976 required promotion by selection, not seniority‑cum‑merit. The Karnataka Administrative Tribunal dismissed his …

GOODWILL PAINT AND CHEMICAL INDUSTRYversusUNION OF INDIA AND ANR.

1991 INSC 247Dismissed

Goodwill Paint and Chemical Industry, a manufacturer of "thinner", filed a writ petition under Article 32 challenging the constitutional validity of Section 5 of the Poisons Act, 1919 and a 1973 Delhi Poisons Rules amendment that classified thinner as a poison. The petitioners argued that the …

NETHALA POTHURAJU AND ORS.·versusSTATE OF ANDHRA PRADESH

1991 INSC 226Disposed off

Seven accused were tried for rioting, murder and related offences arising from the killing of Madda Lakshamandas. The trial court convicted six under Sections 148 and 302 read with Section 149 of the IPC; the high court later acquitted four of them, retaining convictions of three (A‑1 to A‑3) on the …

STATE OF U.P.versusKAPIL DEO AND ANOTHER

1991 INSC 203Dismissed

The case arose from the murder of a 12‑year‑old domestic help, Vinod Kumar, in 1968. Four persons – Kapil Deo, his wife Sheo Kumari, their son Vidya Sagar and brother Ramapati – were charged under IPC s.302, s.302 read with s.34 and s.201 read with s.34. The trial court convicted Vidya Sagar of …

CENTRAL PROVINCES MANGANESE ORE. CO. LTD.versusI.T.O., NAGPUR

1991 INSC 197Dismissed

The appellant, a non‑resident company exporting manganese ore, was assessed for the assessment year 1953‑54. Customs authorities later found that the company had under‑invoiced its exports, resulting in a finding of under‑invoicing of about Rs 44‑45 lakh. On this basis, the Income‑Tax Officer issued …

STATE OF SIKKIMversusDORJEE TSHERING BHUTIA AND ORS.

1991 INSC 198Appeal(s) allowed

The Sikkim State Civil Service Rules, 1977 provided for recruitment through the Sikkim Public Service Commission, which was not constituted until 1982, rendering the rules inoperative for about five years. In September 1981 the State Government issued a notification for a special recruitment, citing …

LAXMIKANT PANDEYversusUNION OF INDIA & ORS.

1991 INSC 191Case Partly allowed

The petitioners, a group of licensed child‑welfare agencies including the Central Voluntary Adoption Resource Agency, sought various reliefs concerning adoption procedures, such as allowing Indian‑adopted children to retain citizenship till majority, issuing birth certificates on the basis of …

DR. V.P. CHATURVEDI AND ORS.versusUNION OF INDIA AND ORS.

1991 INSC 193Hearing Adjourned

The petitioners, research scholars employed on projects in various medical institutions, sought security of service and regularisation under Article 32 of the Constitution. The Supreme Court observed that the Indian Council of Medical Research (ICMR) is the research body funded by the Union, and …

SMT. SARAN KUMAR GAUR & ORS.versusSTATE OF UTTAR PRADESH & ORS.

1991 INSC 189Disposed off

The appellants were teachers in a state‑financed minority college who went on strike. When they were called back, a group of them, including seven teachers, failed to report within the stipulated time, prompting the appointment of alternate teachers. The teachers sought to be absorbed back into …

D.H. BROTHERS PVT. LTD.versusCOMMISSIONER OF SALES TAX, U.P. LUCKNOW

1991 INSC 178Dismissed

D.H. Brothers Pvt. Ltd., a dealer in machinery, claimed that a sugarcane crusher (kohlu) was an "agricultural implement" exempt from sales tax under the Uttar Pradesh Sales Tax Act, 1948, relying on a 14 November 1980 government notification that listed exempt agricultural implements. The …

BANWASI SEVA ASHRAMversusSTATE OF U.P.

1991 INSC 174Disposed off

The Banwasi Seva Ashram filed a writ petition under Article 32 challenging the eviction of its members from areas declared reserve forest under Section 20 of the Indian Forest Act, 1927. The Supreme Court had earlier appointed commissioners to prepare land records, identify forest land and decide …

RAM SEWAK PRASADversusSTATE OF U.P. AND ORS

1991 INSC 147Appeal(s) allowed

Ram Sewak Prasad, appointed Excise Sub‑Inspector in 1964, was promoted on an ad‑hoc basis to Excise Inspector in February 1972 and thereafter performed the duties and received the salary of an Inspector. He was omitted from the seniority list and denied promotion, while direct recruits to the …

B.P. SINGH AND ORSversusDIRECTOR GENERAL, ORDNANCE FACTORY AND ORS

1991 INSC 143Dismissed

The petitioners, teachers employed in schools run by the Ordnance Factories under the Defence Department, challenged their compulsory retirement at age 58, alleging discrimination because teachers in other central government departments were allowed to retire at 60. They invoked Articles 14 and 16 …

TRIBHOV AND AS HARIBHAI TAMBOLIversusGUJARAT REVENUE TRIBUNAL AND ORS.

1991 INSC 140Appeal(s) allowed

The appellant, Tribhovandas Haribhai Tamboli, leased agricultural land and, under Section 32(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, became a deemed purchaser from tillers' day (1 April 1957). Because the landlord was a lunatic, his purchase right was deferred under Section 32‑F …

BOLLAVARAM PEDDA NARSI REDDY AND ORS.versusSTATE OF ANDHRA PRADESH

1991 INSC 134Appeal(s) allowed

The appellants were charged with murder under IPC sections 302 and 149. The trial court acquitted them, rejecting the testimony of five eyewitnesses and finding the identification parades perfunctory. The High Court reversed the acquittal, relying on the two eye‑witnesses and the identification …

STATE OF BIHAR ETC. ETC.versusP.P. SHARMA, IAS AND ANR.

1991 INSC 84Appeal(s) allowed

The Bihar State Co‑operative Marketing Union (BISCOMAUN) was placed under administration by the State Government, after which its administrator, R.K. Singh, reported alleged financial irregularities involving former Managing Director P.P. Sharma, advisor G.D. Mishra and Chairman Tapeshwar Singh in …

K. VENKATA SESHIAHversusKANDURU RAMASUBBAMMA (DEAD) BY LRS.

1991 INSC 53Disposed off

The petition involved a dispute over the property of a deceased adoptive mother between the adoptive son K.V. Seshiah and his two sons, each claiming rights under different wills. The parties executed a compromise on 21 August 1987, whereby Seshiah agreed to pay each son Rs.1 lakh in exchange for …

ANAYATULLAH AND ORS.versusCOMMISSIONER OF MUSLIM WAKF OF JAMMU

1991 INSC 26Dismissed

The Supreme Court examined whether two State Government orders of 1955 and 1958 granted land to the Ziarat Shareef of Hazrat Baba Ibrahim (a Wakf) or to the father of the defendants in his personal capacity. The Committee of Muslim Wakf sued the managers of the Ziarat, alleging they were treating …

STATE OF KERALA AND ANR.versusKANAN DEVAN HILLS PRODUCE CO. LTD.

1991 INSC 27Appeal(s) allowed

The State of Kerala challenged K.D. Hills Produce Co. Ltd.'s claim of absolute ownership over a 150‑acre concession in the Kanan Devan Hills, originally granted by the Poonjar Raja in 1877 and later transferred to the company. In 1963 the company clear‑felled the area and sought free passes to …

BUDHAversusAMILAL

1990 INSC 397Appeal(s) allowed

The appellant, a former biswedar, sought redemption of two agricultural lands that had been mortgaged to the respondent. The lands were mortgaged before the Rajasthan Zamindari and Biswedari Abolition Act, 1959 came into force. The respondent contended that, under the Act, all rights in the lands …

SIMHADRI SATYA NARAYANA RAOversusM. BUDDA PRASAD AND ORS.

1990 INSC 400Dismissed

The appellant was declared elected to the Andhra Pradesh Legislative Assembly on 26 November 1989. An election petition challenging his election was filed on 15 January 1990, after the 45‑day limitation under Section 81 of the Representation of the People Act, 1951 had expired on 10 January because …