ST. JOHN'S TEACHER TRAINING INSTITUTE(FOR WOMEN), MADURAIversusSTATE OF TAMIL NADU AND ORS.
1993 INSC 21815 June 1993Dismissed
The Supreme Court considered appeals and special leave petitions filed by several teachers' training institutes in Tamil Nadu claiming minority status under Article 30(1) of the Constitution. The State had refused to recognise them because they did not satisfy the conditions laid down in the Tamil Nadu Minority Schools…
M.C. MEHTA ETC. ETC.versusUNION OF INDIA AND OTHERS ETC. ETC.
1992 INSC 16715 May 1992Hearing 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 the crushers endanger…
NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALSversusSTATE OF HARYANA AND OTHERS
1996 INSC 25715 February 1996Dismissed
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 Disputes Act, 1947, and …
ZENOBIA BHANOTversusP.K. VASUDEVA AND ANR.
1995 INSC 73114 November 1995Appeal(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 & Haryana High Court, relyi…
CHANDRA SHASHIversusANIL KUMAR VERMA
1994 INSC 51514 November 1994Disposed 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 respondent could not …
STATE OF ORISSAversusK. RAJESHWAR RAO
1991 INSC 29314 November 1991Appeal(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 shop and that the san…
LAXMIKANT PANDEYversusUNION OF INDIA & ORS.
1991 INSC 19114 August 1991Case 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 adoption documents, quashi…
DR. V.P. CHATURVEDI AND ORS.versusUNION OF INDIA AND ORS.
1991 INSC 19314 August 1991Hearing 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 that better coordinatio…
COMMISSIONER OF SALES TAX, U.P.versusM/S GENERAL MANAGER, NORTH EASTERN RAILWAY, GORAKHPUR, ETC. ETC.
1994 INSC 25514 July 1994
The North Eastern Railway (NER) applied for registration under the U.P. Sales Tax Act, 1948 through its Chief Commercial Superintendent, declaring Gorakhpur as its principal place of business. The Sales Tax Officer in Gorakhpur accepted the registration and later issued assessment orders based on a return filed by the …
CHANDER BHAN GILLversusUNION OF INDIA
1994 INSC 25014 July 1994Appeal(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 stating that increments…
ILLAHI SHAMSUDDIN NADAFversusSOU. JAITUNBI NADAF
1994 INSC 25614 July 1994Appeal(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, but the Supreme Cour…
SAHNI SILK MILLS (P) LTD. AND ANR. ETC. ETC.versusEMPLOYEES STATE INSURANCE CORPORATION
1994 INSC 25214 July 1994
The Employees State Insurance Corporation (ESIC) issued a resolution on 28 February 1976 delegating its power under Section 85‑B of the Employees State Insurance Act, 1948 to levy damages, to the Director General and authorising him to further delegate that power to any officer. The Director General subsequently author…
BHUBANESHWAR SINGH AND BIMLA DEVI PODDAR AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS.
1994 INSC 25314 July 1994Dismissed
The petitioners, owners of coking coal mines, claimed that the Central Government, as custodian, had failed to credit them for the value of coke stock lying in the mines on the date immediately before the appointed day of nationalisation, and sought compensation under the Coking Coal Mines (Nationalisation) Act, 1972. …
UNION OF INDIA AND ORS.versusTUSHAR RANJAN MOHANTY
1994 INSC 25814 July 1994Dismissed
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 that the service rule…
ROLLATAINERS LTD. AND ANR.versusUNION OF INDIA AND ORS.
1994 INSC 25914 July 1994Dismissed
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 for exemption. The …
GURU NANAK DEV UNIVERSITY AND ANR.versusHARJINDER SINGH AND ANR.
1994 INSC 25414 July 1994Appeal(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 High Court, which qua…
M/S. GOBIND PERSHAD JAGDISH PERSHADversusNEW DELHI MUNICIPAL COMMITTEE
1993 INSC 22814 July 1993Dismissed 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 and convenience. The a…
HUCHAPPA YELLAPPA RADDER AND ANR.versusNINGAPPA BHEEMAPPA TALAWAR
1993 INSC 20214 May 1993Appeal(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 plaintiff, Ningappa…
PRABHUDA YAL AND OTHERSversusSTATE OF MAHARASHTRA
1993 INSC 20914 May 1993Dismissed
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 accused of murder, co…
KAHANDU DAULAT DANGDEversusJAY WANTRAO YADAVRAO KHARADE AND ORS.
1996 INSC 24114 February 1996Appeal(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 Tenancy and Agricult…
UNION TERRITORY, CHANDIGARH ADMN. AND ORS.versusMANAGING SOCIETY, GOSWAMI, GDSDC
1996 INSC 24214 February 1996Appeal(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 issued a notice deman…
SWETAMBAR STHANAKWASI JAIN SAMITI AND ANR.versusTHE ALLEGED COMMITTEE OF MANAGEMENT SRI R.J.1. COLLEGE, AGRA AND ORS.
1996 INSC 24314 February 1996
The case involved a dispute between two rival managing committees of Sri Ratnamuni Jain Inter College, Agra. The education authorities initially recognized the appellants' scheme of administration but later withdrew that recognition, prompting the appellants to file a civil suit seeking an interim injunction. The respo…
M.C. MEHTAversusKAMAL NATH AND ORS.
1996 INSC 148213 December 1996Disposed 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 encroached on protected …
INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.
1995 INSC 72013 November 1995Appeal(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 partially free or paid th…
UNION OF INDIA AND ORS.versusSURESH C. BASKEY AND ORS. ETC. ETC.
1995 INSC 72113 November 1995Appeal(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 the Factories Act, 194…
STATE OF BIHAR AND ANR.versusMADAN MOHAN SINGH AND ORS.
1993 INSC 33013 October 1993Appeal(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 one‑third of the direct‑…
STATE OF MADHYA PRADESH AND ANR.versusSYED NASEEM ZAHIR AND OTHERS
1992 INSC 27413 October 1992Appeal(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 served in April 1988. Za…
SYNDICATE BANK AND ANR. ETC. ETCversusSH. K. UMESH NAYAK ETC. ETC.
1994 INSC 38513 September 1994Appeal(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 adjudicator under the …
T.R. KOTHANDARAMAN ETC. ETC.versusTAMIL NADU WATER SUPPLY AND DRAINAGE BD. AND ORS. ETC. ETC.
1994 INSC 38613 September 1994Dismissed
The petitioners, engineering diploma holders in the Tamil Nadu Water Supply and Drainage Board, Tamil Nadu Agricultural Engineering Service and Tamil Nadu Electricity Board, challenged service regulations that fixed promotion ratios favouring degree holders over diploma holders. They contended that the provisions viola…
SMT. SARAN KUMAR GAUR & ORS.versusSTATE OF UTTAR PRADESH & ORS.
1991 INSC 18913 August 1991Disposed 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 service and claimed sala…
HAZI ZAINULLAH KHAN (DEAD) BY L.RS.versusNAGAR MAHAPALIKA, ALLAHABAD
1994 INSC 24713 July 1994Appeal(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 testimony of two inte…
SHRIKANT BHALCHANDRA KARULKAR AND ORS. ETC. ETC.versusSTATE OF GUJARAT AND ANR. ETC. ETC.
1994 INSC 24813 July 1994Dismissed
The appellants, owners of agricultural land in Gujarat as well as land in other Indian states, challenged Sections 6(3A), 4, 10 and 11 of the Gujarat Agricultural Lands Ceiling Act, 1960, on the ground that the provision which requires the land held outside Gujarat to be taken into account while computing the ceiling a…
SH. BABU LAL, CONVENOR AND ANR.versusNEW DELHI MUNICIPAL COMMITIEE AND ANR.
1994 INSC 24913 July 1994Appeal(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 extended the SS Commit…
MOHAN LALversusSHRI HARI PRASAD YADAV AND ORS.
1994 INSC 21313 May 1994Dismissed
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, but the auction pur…
BHARAT COKING COAL LTD.versusTHE STATE OF BIHAR AND ANR.
1994 INSC 21413 May 1994Appeal(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 notice under Section 4 de…
P. MUTHAYYA (DEAD) BY LRS.versusCHELLAPPAN PILLAI AND ORS.
1994 INSC 21513 May 1994Appeal(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 was executed in 1088…
SHRI A.K. NIGAM AND ORS.versusSHRI SUNIL MISRA AND ANR.
1994 INSC 21613 May 1994Appeal(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 IRPS, challenged this …
TELECOMMUNICATION ENGG. SERVICE ASSOCIATION (INDIA) AND ORS.versusU.O.I.
1994 INSC 21813 May 1994Disposed 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 back wages and a re‑f…
UNION OF INDIAversusB. JAYARAMAN AND ORS.
1993 INSC 19613 May 1993Dismissed
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 between 1 January 1973 …
SARU SMELTING(P) LTD.versusCOMMISSIONER OF SALES TAX, LUCKNOW
1993 INSC 19713 May 1993Dismissed
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%. The respondent argue…
SURENDRA PAL SINGHversusTHE BOARD OF REVENUE FOR RAJASTHAN AND ORS.
1993 INSC 19813 May 1993Dismissed
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 order, which was upheld b…
JAGTAR SINGHversusDIRECTOR, CENTRAL BUREAU OF INVESTIGATION AND ORS.
1993 INSC 15113 April 1993Dismissed
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 India, he filed a mand…
STATE OF KARNATAKAversusSUNAGAR BROS.
1993 INSC 15213 April 1993Appeal(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 this, holding that t…
HARDEO KAUR AND ORS.versusRAJASTHAN STATE TRANSPORT CORPORATION AND ANR.
1992 INSC 8313 March 1992Appeal(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 personal expenses, used a …
KUNDANBHAI DULABHAI SHAIKHversusDISTT. MAGISTRATE, AHMEDABAD AND ORS.
1996 INSC 23613 February 1996Case 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 representations promptl…
A. ARUMUGAM CHETTIYARversusSMT. LOKANAYAKAMMA AND ANR.
1996 INSC 24013 February 1996Dismissed
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 court and the Karna…
STATE OF RAJASTHAN AND ANR.versusGOPALDAS ETC. ETC.
1995 INSC 3213 January 1995Appeal(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 a notification. Gop…
DINESH PRASAD YADA VversusSTATE OF BIHAR AND ORS.
1995 INSC 3313 January 1995Appeal(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 three‑year term would end …
BRACE TRANSPORT CORPORATION OF MONROVIA, BERMUDAversusORIENT MIDDLE EAST LINES LTD., SAUDI ARABIA & ORS.
1993 INSC 32912 October 1993Appeal(s) allowed
Brace Transport Corporation of Monrovia sold a vessel to Orient Middle East Lines Ltd. and its nominee under a contract that provided for arbitration in England. An arbitral award granted the appellant a monetary sum, part of which remained unpaid. The vessel was subsequently sold to a third respondent (an Indian gover…
UNION OF INDIA AND OTHERSversusRAJENDRA SINGH ETC
1992 INSC 27312 October 1992Appeal(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 dismissals, holding the A…
UNION OF INDIA AND ORS.versusSURYA PHOSPHATE LIMITED AND ANR.
1992 INSC 20312 August 1992Appeal(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 actual ex‑factory price i…
KRISHNA MINOR THROUGH HIS FATHER AND GUARDIAN AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ORS.
1994 INSC 23612 July 1994Dismissed
EAST INDIA HOTELS LTD. SRINAGAR AND ANR.versusSTATE OF JAMMU AND KASHMIR AND ANR.
1994 INSC 23812 July 1994
The Jammu & Kashmir Hotel (Amenities and Services) Tariff Taxation Act, 1980 imposes a tax on amenities and services provided by hotels. East India Hotels Ltd. and others challenged its constitutional validity, arguing that the tax was effectively on the hotel keeper's gross receipts, i.e., income, which under the Cons…
STATE OF HIMACHAL PRADESHversusAMAR NATH SHARMA AND ORS.
1994 INSC 23912 July 1994Appeal(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 defining "family" as…
ALL KERALA PRIVATE COLLEGE TEACHERS ASSOCIATIONversusTHE NAIR SERVICE SOCIETY AND ORS.
1994 INSC 24012 July 1994Dismissed
The Kerala University Act, 1974, Calicut University Act, 1975 and Mahatma Gandhi University Act, 1985 empower the university Senate or Syndicate to frame statutes, but grant the State Government a one‑time power to make "First Statutes" under Section 83 (or Section 100 for Gandhi University). The appellants challenged …
DR. BHARGAVA AND CO. AND ANR.versusSH. SHYAM SUNDER SETH BY L.RS.
1994 INSC 24112 July 1994
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, confirming title effec…
TARSEM SINGH AND ANR.versusSTATE OF PUNJAB & ORS.
1994 INSC 24212 July 1994Appeal(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 Class‑III) Rules, 196…
SARDAR SINGHversusDEPUTY DIRECTOR OF CONSOLIDATION AGRA CAMP, MA THURA AND ORS.
1994 INSC 24312 July 1994Appeal(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 initiated, and the civil su…
AP STATE FINANCIAL CORPORATIONversusC.M. ASHOK RAJ AND ORS.
1994 INSC 24512 July 1994Appeal(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 employees whose promotio…
CHRISTIAN CHILDREN FUND INC.versusMUNICIPAL CORPORATION OF DELHI AND ORS.
1994 INSC 20612 May 1994
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 purposes and not fo…
INDIAN NUT PRODUCTS AND OTHERSversusUNION OF INDIA
1994 INSC 20412 May 1994
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, challenged the noti…
R.K. PANDA AND ORS.versusSTEEL AUTHORITY OF INDIA AND ORS.
1994 INSC 20512 May 1994Appeal(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 Supreme Court held that …
OM PRAKASHversusASSISTANT ENGINEER, HARYANA AGRO INDUSTRIES CORPORATION AND ORS.
1994 INSC 15112 April 1994Appeal(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. The consumer filed …
SARVA SHRAMIK SANGH, BOMBAYversusINDIAN HUME PIPE CO. LTD. AND ANR.
1993 INSC 5512 February 1993Appeal(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 reference to the Indus…
SAKHARAMversusSTATE OF MADHYA PRADESH
1992 INSC 4312 February 1992Appeal(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 on circumstantial ev…
DIRECTOR, LIFT IRRIGATION CORPORATION LTD. AND ORS. ETC. ETC.versusPRAVAT KIRAN MOHANTY AND ORS.
1991 INSC 3412 February 1991Appeal(s) allowed
The Orissa State Lift Irrigation Corporation Ltd. reorganised its three service cadres—Mechanical, Electrical and a Composite Mechanical‑Electrical cadre—into two cadres by amalgamating the composite cadre into either the Electrical or Mechanical wing. It invited objections, considered the options given by employees, a…
DR. K.R. LAKSHMANAN ETC. ETC.versusSTATE OF TAMIL NADU AND ANR.
1996 INSC 5712 January 1996Appeal(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 the Police Act and …
STATE ROAD TRANSPORT CORPORATION AND ORS.versusU.P. P ARIV AHAN NIGAM SHISHUKHS BEROZGAR SANGH AND ORS.
1995 INSC 2812 January 1995Disposed off
The Allahabad High Court had directed the U.P. State Road Transport Corporation (the Corporation) to employ apprentices who had completed training in its workshops, relying on the doctrine of promissory estoppel based on a 1977 circular. The Corporation appealed, contending that Section 22(1) of the Apprentices Act, 19…
THAPAR INSTITUTE OF ENGINEERING AND TECHNOLOGYversusSTATE OF PUNJAB AND ANR.
1996 INSC 146511 December 1996Dismissed
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 Punjab State Governm…
S. JAGANNATHversusUNION OF INDIA AND ORS.
1996 INSC 146611 December 1996Appeal(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 constitutes a prohibit…
STATE OF MAHARASHTRAversusRATTANLAL
1992 INSC 33911 December 1992Appeal(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 Commissioner discovered that R…
SASWAD MALI SAHAKARI SAKHAR KARKHANA LTD.versusUNION OF INDIA AND ANR.
1994 INSC 51311 November 1994Appeal(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) should be calculated…
S.K. SATTAR SK. MOHD. CHOUDHARIversusGUNDAPPA AMABADAR BUKATE
1996 INSC 118111 October 1996Appeal(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 petition under the Hy…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1996 INSC 117911 October 1996Disposed 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 and developers sought…
SHIVSAGAR TIWARIversusUNION OF INDIA AND ORS.
1996 INSC 118311 October 1996Disposed 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 bypassed the policy a…
ROSILINE GEORGEversusUOI & ORS.
1993 INSC 32311 October 1993Dismissed
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. The appellant chall…
ANIL KUMAR SAWHNEYversusGULSHAN RAI
1993 INSC 32611 October 1993Appeal(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 endorsement "not arranged for…
T .P. SRIVASTAVAversusNATIONAL TOBACCO CO. OF INDIA LTD ..
1991 INSC 26011 October 1991Dismissed
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" under the Industrial …
MADHU KISHWAR AND ORS.versusSTATE OF BIHAR
1991 INSC 26111 October 1991Amount 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 committee which reporte…
NETHALA POTHURAJU AND ORS.·versusSTATE OF ANDHRA PRADESH
1991 INSC 22611 September 1991Disposed 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 basis that they for…
T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND OTHERS ETC.
1995 INSC 45011 August 1995Disposed 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 Unnikrishnan scheme to…
H.R. ADYANTHAYAversusSANDOZ (INDIA) LTD.
1994 INSC 31311 August 1994
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 a medical represent…
R.M. GURJAR AND ANR.versusHIGH COURT OF GUJARAT AND ORS.
1992 INSC 20011 August 1992Dismissed
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 permanent stoppage of futur…
STATE OF MADHYA PRADESHversusM/S HARDEO SHRINATH AND ORS.
1994 INSC 23011 July 1994
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 therefore may sell throu…
PRADUMAN KUMAR JAINversusUNION OF INDIA THROUGH SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF SCIENCE AND TECHNOLOGY, NEW DEIHL AND ANR.
1994 INSC 23111 July 1994Appeal(s) allowed
The appellant, P.K. Jain, joined the Central Government service in 1974 and was later directly recruited by the Union Public Service Commission as Assistant Meteorologist in the Indian Meteorological Department in 1977, a permanent vacancy. He completed his two‑year probation, crossed the efficiency bar in 1983, and wa…
AMAR SINGH AND ORS.versusAJMER SINGH AND ORS.
1994 INSC 23211 July 1994Appeal(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 such surplus land ves…
U.P. BHUMI SUDHAR NIGAM LTD.versusSHIV NARAIN GUPTA
1994 INSC 23311 July 1994
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 writ petition under A…
STATE OF TAMIL NADUversusG.N. VENKATASWAMY & ORS. ETC. ETC.
1994 INSC 23411 July 1994Disposed 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 legislative competen…
RAM SEWAK PRASADversusSTATE OF U.P. AND ORS
1991 INSC 14711 July 1991Appeal(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 Inspector cadre were promo…
AIR VICE MARSHAL S.L. CHHABRA VSM (RETD.)versusUNION OF INDIA AND ANR.
1993 INSC 19211 May 1993Disposed 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 1986 appraisal were …
S.R. BOMMAIversusUNION OF INDIA AND ORS.
1994 INSC 11111 March 1994
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, Meghalaya, Nagaland, Madhya…
SMT. GUMPHA AND ORS.versusJAIBAL
1994 INSC 6611 February 1994
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, arguing the widow only had…
KERALA FINANCIAL CORPORATION ETC.versusCOMMISSIONER OF INCOME TAX, KERALA
1996 INSC 4911 January 1996Disposed 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 could claim a refund …
SULTANA BEGUMversusPREM CHAND JAIN
1996 INSC 145510 December 1996Appeal(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 decree and rendered it…
M.C. MEHTAversusSTATE OF.TAMIL NADU
1996 INSC 145410 December 1996Disposed 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 constitutional mandate under…
ASSAM SILLIMANITE LIMITED AND ANR.versusUNION OF INDIA AND ORS.
1991 INSC 33410 December 1991Dismissed
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 illusory, arbitrary and viol…
VIJAY SINGH ETC. ETC.versusVIJAYLAKSHMI AMMAL
1996 INSC 117410 October 1996Disposed 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 and ordered evictio…
YOGESH KUMAR AND ORS.versusBHARAT PETROLEUM CORPN. LTD. AND ORS.
1990 INSC 22910 August 1990Dismissed
The petition concerned the cancellation of a No Objection Certificate (NOC) issued under Rule 144 of the Petroleum Rules, 1976 to Bharat Petroleum Corporation Ltd for operating a petrol pump on a lease‑hold site. The District Magistrate, invoking Rule 151, cancelled the NOC on the ground that the licensee no longer had…
POONAM VERMAversusASHWIN PATEL & ORS.
1996 INSC 66910 May 1996Appeal(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 Redressal Commission d…
PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATIONversusTHE STATE OF PUNJAB AND ORS.
1996 INSC 67510 May 1996
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. The Supreme Court dir…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1996 INSC 67610 May 1996Disposed 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 Research Institute …
M.C. MEHTAversusUNION OF INDIA AND ORS.
1996 INSC 67710 May 1996Disposed 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 held that the land …
SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.versusUNION OF INDIA AND ORS.
1995 INSC 36310 May 1995Disposed 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 is valid under the Hi…
STATE OF MADHYA PRADESH AND ORS.versusM/S. BIRLA JUTE MANUFACTURING CO. LTD.
1995 INSC 36410 May 1995Appeal(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 the Madhya Pradesh E…
T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC.
1995 INSC 35810 May 1995Disposed 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 orders of 5 April 1994 a…
STATE OF HIMACHAL PRADESHversusH.P. STATE RECOGNISED AND AIDED SCHOOLS MANAGING COMMITTEES AND ORS.
1995 INSC 35910 May 1995Dismissed
The teachers of recognised private aided schools in Himachal Pradesh filed a writ petition seeking salary parity with government school teachers and a 95% grant‑in‑aid for their schools. The State argued that its financial capacity did not permit such disbursement and relied on a statutory maximum limit on the grant. T…
VIDYA DEVI@ VIDYA VATI(DEAD)versusPREM PRAKASH AND ORS.
1995 INSC 36110 May 1995Appeal(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 title be referred to…
URMILLA PANDEY AND ORS .versusKHALIL AHMAD AND ORS.
1994 INSC 20010 May 1994
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 dismissed the claim agai…
GUJARAT STATE DEPUTY EXECUTIVE ENGINEERS' ASSOCIATIONversusSTATE OF GUJARAT AND ORS.
1994 INSC 19910 May 1994
The Gujarat Public Service Commission conducted examinations for Executive Engineers in 1980 and 1982, fixing a 50% viva voce qualifying mark which was later struck down, leading to revision of merit lists and appointments of some candidates. Subsequent petitions sought to use the waiting lists from those examinations …
TRIBHOV AND AS HARIBHAI TAMBOLIversusGUJARAT REVENUE TRIBUNAL AND ORS.
1991 INSC 14010 May 1991Appeal(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 until the landlord’s …
MULAKH RAJ ETC.versusSATISH KUMAR AND OTHERS
1992 INSC 10610 April 1992Case 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 acquitting his relatives.…
MISS RAJ SONIversusAIR OFFICER INCHARGE ADMINISTRATION & ANR.
1990 INSC 13110 April 1990Appeal(s) allowed
The petitioner, a teacher who joined before the Delhi Education Act, 1973, claimed she was entitled to retire at age 60 under Section 208 of the Delhi Education Code, which was protected for existing employees by Section 8(1) of the Act and Rule 110 of the Rules. The school management, a society run by Air Force office…
MALLIKARJUNA RAO AND ORS. ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS. ETC. ETC.
1990 INSC 13210 April 1990Appeal(s) allowed
The case concerned whether a High Court or an Administrative Tribunal could compel the State of Andhra Pradesh to amend the Andhra Pradesh Animal Husbandry Service‑Special Rules, 1977, which governed promotions of Veterinary Assistant Surgeons. Petitioners sought to have promotions made solely on seniority, challenging…
IN RE: VINAY CHANDRA MISHRA (THE ALLEGED CONTEMNER)versusIN RE : VINAY CHANDRA MISHRA (THE ALLEGED CONTEMNER)
1995 INSC 17910 March 1995Disposed off
Senior advocate V.C. Mishra, also Chairman of the Bar Council of India, was alleged to have shouted, threatened and insulted a judge of the Allahabad High Court during a hearing, prompting the judge to write a letter that led the Supreme Court to initiate suo motu contempt proceedings. Mishra contested the jurisdiction…
UNION OF INDIA AND ANR.versusPRADEEP KUMARI AND ORS.
1995 INSC 18010 March 1995Dismissed
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 first court award mad…
THE MUNICIPAL CORPORATION FOR CITY OF PUNE AND ANR.versusBHARAT FORGE CO. LTD. AND ORS.
1995 INSC 18110 March 1995Appeal(s) allowed
The Municipal Corporation of Pune collected octroi duties from the Poona Cantonment under a 1963 schedule of octroi rules, which the respondents challenged as illegal. The Supreme Court examined whether the 1881 Government Notification authorising octroi collection allowed rates and articles to be varied over time, and…
KUMAR PADMA PRASADversusUNION OF INDIA AND ORS.
1992 INSC 6910 March 1992Case 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 judicial service defined by…
R.K. SABHARWAL AND ORS.versusTHE STATE OF PUNJAB
1995 INSC 10810 February 1995Disposed 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 candidates already prom…
N. VENKATESWARA RAO AND ORS.versusTHE COMMISSIONER AND SPECIAL OFFICER, VIJAYAWADA MUNICIPALITY, VIJAYAWADA AND ORS.
1994 INSC 6310 February 1994Disposed off
The appellants, who were Lower Division Clerks, were promoted to Upper Division Clerks (UDC) by the Director of Municipal Administration under the Andhra Pradesh Municipal Act. Their promotions were later reversed when the Director downgraded the posts, but they were re‑promoted by a government order on 20 December 197…
THE ANDHRA PRADESH STATE FINANCIAL CORPORATIONversusGAR RE-ROLLING MILLS AND ANR.
1994 INSC 6410 February 1994
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 concern. The High Cou…
DHIRAJ LAL H. VOHRA ETC. ETC.versusUNION OF INDIA AND ORS.
1992 INSC 3379 December 1992Dismissed
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 March 1989, leading…
GUDALURE M. J. CHERIAN AND ORS.versusUNI0N OF INDIA AND ORS.
1991 INSC 3289 December 1991Disposed 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 accused in the magistrat…
STATE BANK OF INDIA AND ANR.versusV. PARTHASARATHY ETC.
1992 INSC 3059 November 1992Appeal(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 third offer for a Head …
PASHORA SINGH AND ANR.versusSTATE OF PUNJAB
1992 INSC 2719 October 1992Case 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 previous convicts, gran…
CRESCENT IRON AND STEEL CORPORATION LTD.versusUNION OF INDIA AND ANOTHER
1992 INSC 2729 October 1992Appeal(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 the Industrial Disp…
NATIONAL EX-SERVICEMEN CO-ORDINATION COMMITTEE ETC. ETC.versusCONTROLLER GENERAL OF DEFENCE ACCOUNTS AND ORS.
1996 INSC 10149 September 1996Appeal(s) allowed
The petitioners, ex‑servicemen re‑employed in Central Government posts, challenged the denial of dearness relief on their pension, alleging discrimination compared with civilians re‑employed in public‑sector undertakings. They argued that a 1975 Ministry of Defence letter extending dearness relief to armed‑forces pensi…
F.B. TARAPORAWALA AND ORS. ETC. ETC.versusBAYER INDIA LTD. AND ORS.
1996 INSC 10159 September 1996Disposed 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 reside and that the High…
M.G. PANDKE AND ORS.versusMUNICIPAL COUNCIL HINGANGHAT DISTRICT WARDHA AND ORS.
1992 INSC 2409 September 1992Appeal(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 teachers. The Munici…
NALANIKANT RAMADAS GUJJARversusTULASIBAI (DEAD) BY LRS. AND ORS.
1996 INSC 8589 August 1996Dismissed
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 appellant, who was late…
T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC
1996 INSC 8609 August 1996Disposed 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 1995, applicable to 1…
JYANTILAL RATANCHAND SHAHversusRESERVE BANK OF INDIA AND ORS
1996 INSC 8599 August 1996Dismissed
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, imposed unreasonable ti…
INDIAN BANKversusM/S. SATYAM FIBRES (INDIA) PVT. LTD.
1996 INSC 8619 August 1996Appeal(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 allegedly instructed th…
SMT. PRAMILA NESARGIversusC.K. JAFFER SHARIEF AND ORS.
1994 INSC 3059 August 1994Dismissed
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 Court held that mass…
B.P. SINGH AND ORSversusDIRECTOR GENERAL, ORDNANCE FACTORY AND ORS
1991 INSC 1439 July 1991Dismissed
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 of the Constitution, …
MAHARAJA KUMAR KHARAK SINGH (DEAD) THOUGH L.RS. ETC.versusSTATE OF PUNJAB
1995 INSC 3529 May 1995Dismissed
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 successor to Nabha …
ASSOCIATED CEMENT COMPANIES LIMITED, KYMOREversusCOMMISSIONER OF SALES-TAX, INDORE, ETC. ETC
1991 INSC 979 April 1991Dismissed
Associated Cement Companies Ltd, a cement manufacturer, supplied cement to the Cement Manufacturing Company of India Ltd, which acted as its exclusive marketing agent. The appellant claimed that the sales to the marketing company were exempt from Madhya Pradesh sales tax under the Explanation to Article 286(1)(a) of th…
DALMIA INDUSTRIES LTD. AND ANR.versusTHE STATE OF UITAR PRADESH AND ANR.
1994 INSC 599 February 1994Dismissed
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 several interim orders. …
S.P. GOELversusCOLLECTOR OF STAMPS
1995 INSC 8638 December 1995Dismissed
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 Act, 1986, alleging…
UNION OF INDIA AND ANR.versusSHRI HARISH CHANDER BHATIA AND ORS.
1994 INSC 5878 December 1994Disposed 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 should be treated as …
UNION OF INDIA AND ORSversusG. VASUDEVAN PILLAY AND ORS. ETC. ETC .
1994 INSC 5888 December 1994Disposed 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 were in post on 1 Janua…
SHIV SAGAR TIWARIversusUNION OF INDIA AND ORS.
1996 INSC 13148 November 1996
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 were granted to her rel…
SMT. SUDHA SHRIVASTAVAversusTHE COMPTROLLER AND AUDITOR GENERAL OF INDIA
1995 INSC 6968 November 1995Appeal(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 benefits that would have …
STATE OF RAJASTHANversusARUNA DEVI AND ORS.
1994 INSC 5008 November 1994Appeal(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 later ordered a fresh…
STATE OF ORISSAversusSHARAT CHANDRA SAHU AND ANR.
1996 INSC 11668 October 1996Appeal(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 a charge‑sheet; the …
N.F. SALIversusSTATE OF KARNATAKA AND ORS.
1992 INSC 2678 October 1992Appeal(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 selections before the Ka…
STATE OF MADHYA PRADESH AND ANR.versusPRAMOD BHARTIYA AND ORS.
1992 INSC 2688 October 1992Appeal(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 Schools, claimed that…
STATE OF TAMIL NADU AND ANR.versusC. SUBRAMANI AND ORS.
1992 INSC 2398 September 1992Appeal(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 Slum‑grabbers Act. They fil…
D.H. BROTHERS PVT. LTD.versusCOMMISSIONER OF SALES TAX, U.P. LUCKNOW
1991 INSC 1788 August 1991Dismissed
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 Commissioner of Sales Tax reje…
STATE OF U.P.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.
1996 INSC 6968 July 1996Appeal(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 therefore the forest no…
M.C. MEHTAversusUNION OF INDIA AND ORS.
1996 INSC 7058 July 1996Disposed 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 operate illegally, …
R.L. BANSAL AND ORSversusUNION OF INDIA AND ORS.
1992 INSC 1538 May 1992Appeal(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 Articles 14 and 16(1…
PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATION CHANDIGARH THROUGH ITS SECRETARY.versusSTATE OF PUNJAB AND ORS.
1993 INSC 3867 December 1993
The Punjab & Haryana High Court Bar Association filed a public‑interest writ petition seeking a judicial enquiry into the abduction and alleged murder of Advocate Kulwant Singh, his wife and child, which had triggered a prolonged strike by lawyers. The High Court admitted the petition but a five‑judge bench later dismi…
MAHABIR COLD STORAGEversusCOMMISSIONER OF INCOME TAX, PATNA
1990 INSC 3827 December 1990Dismissed
Mahabir Cold Storage, a partnership firm newly constituted after the original firm Prayagchand & Hanumanmal took on Periwal & Co. as a partner, claimed a development rebate for machinery installed by the original firm in 1959‑60. The claim was made in the 1962‑63 assessment year. The issue was whether the new firm, a s…
INCOME TAX OFFICER, CUTTACK AND ORS.versusBIJU PATNAIK
1990 INSC 3837 December 1990Appeal(s) allowed
The respondent, Biju Patnaik, was assessed for the year 1957-58 but allegedly failed to disclose a Rs.15 lakh capital gain from the sale of his mining business. The Income Tax Officer, after obtaining approval, issued a notice under sections 147(a) and 148 of the Income Tax Act, 1961 to reopen the assessment, alleging …
PRATAP SINGHversusSTATE OF HARYANA
1990 INSC 3847 December 1990Appeal(s) allowed
Partap Singh and his co-accused were charged under IPC sections 302 and 326 read with section 34. The charge‑sheet framed the appellant only vicariously under section 34, as the prosecution had no material linking him directly to the knife injuries. At trial, the prosecution led eye‑witness testimony that Partap actual…
PROF. SUMER CHANDversusUNION OF INDIA AND ORS.
1993 INSC 2847 September 1993Dismissed
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 contended that the suit was…
PAVITRI DEVI AND ANR.versusDARBARI SINGH AND ORS.
1993 INSC 2867 September 1993Appeal(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 dated 5 August 1980 c…
K. PARAMESWARAN PILLAI(DEAD)versusK. SUMATHI@ JESIS JESSIE JACQUILINE & ANR.
1993 INSC 2877 September 1993Dismissed
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 purchased the property, fil…
D.K. YADAVversusJ.M.A. INDUSTRIES LTD.
1993 INSC 1857 May 1993Appeal(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 heard, and the Labo…
BOLLAVARAM PEDDA NARSI REDDY AND ORS.versusSTATE OF ANDHRA PRADESH
1991 INSC 1347 May 1991Appeal(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 parades, and convicted t…
MADHU KISHWAR AND ORS. ETC.versusSTATE OF BIHAR AND ORS.
1996 INSC 4897 April 1996Disposed 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 applied to Scheduled …
J.S. JADHAVversusMUSTAFA HAJI MOHAMED YUSUF AND OTHERS
1993 INSC 1447 April 1993Dismissed
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 before the Bar Counci…
K. ASHOK REDDY ETC.versusTHE GOVERNMENT OF INDIA AND ORS.
1994 INSC 507 February 1994Dismissed
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 judicial review, conflictin…
ANAYATULLAH AND ORS.versusCOMMISSIONER OF MUSLIM WAKF OF JAMMU
1991 INSC 267 February 1991Dismissed
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 the land as personal p…
STATE OF KERALA AND ANR.versusKANAN DEVAN HILLS PRODUCE CO. LTD.
1991 INSC 277 February 1991Appeal(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 transport the timber, but…
A. TRIPATHI AND ANR. ETC. ETC.versusJ.P. GUPTA AND ORS. ETC. ETC.
1993 INSC 37 January 1993Disposed 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 engineering specialist, …
VLJAY COTION AND OIL MILLS (P) LTD.versusSTATE OF GUJARAT
1990 INSC 3776 December 1990Appeal(s) allowed
Vijay Cotton & Oil Mills Ltd. owned 6 acres in Kutch, which the Government of Gujarat took possession of on 19 November 1949 under an agreement to provide equivalent land, but later issued a notification under Section 6(1) of the Land Acquisition Act on 1 February 1955 to acquire the land. The Collector awarded compens…
LAKSHMI BANGLE STORESversusUNION OF INDIA AND ORS.
1990 INSC 3786 December 1990Dismissed
Lakshmi Bangle Stores booked a railway wagon in June 1964, declaring the value of the consigned glass bangles as Rs.25,000. The wagon was involved in an accident on June 22, 1964 and the goods were delivered after an open assessment on September 4, 1964, revealing that more than half were damaged. The appellant claimed…
SMT. GITARANI PAULversusDIBYENDRA KUNDU ALIAS DIBYENDRA KUMAR KUNDU
1990 INSC 3796 December 1990Appeal(s) allowed
Gitarani Paul purchased land from the Bauries, who were under‑Raiyats, after the West Bengal Estates Acquisition Act, 1953 came into force. She sued Dibyendra Kundu and Dasarathi Dutta for declaration of title and possession, alleging that on 5 June 1960 the defendants, aided by police, destroyed her crops and disturbe…
UNITED BANK OF INDIAversusTHE OFFICIAL LIQUIDATOR AND ORS.
1993 INSC 3196 October 1993Appeal(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 ground that it was …
STATE OF RAJASTHAN AND ORS. ETC. ETC.versusKISHAN SINGH ETC. ETC.
1992 INSC 1946 August 1992Appeal(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 initiate eviction pr…
BANWASI SEVA ASHRAMversusSTATE OF U.P.
1991 INSC 1746 August 1991Disposed 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 the final action, but …
VINAY KUMAR VERMA AND OTHERSversusTHE STATE OF BIHAR AND OTHERS
1990 INSC 1286 April 1990Dismissed
The Supreme Court examined whether the Bihar State Government could, by executive order, merge the cadre of District Engineers (part of the Rural Engineering Organisation, created by a 1965 executive order) with the cadre of Executive Engineers governed by the statutory Bihar Engineering Service Rules, 1939. The appell…
WORKMEN OF KETTLEWELL BULLEN AND COMPANY LTD.versusKETTLEWELL BULLEN AND COMPANY LTD.
1994 INSC 46 January 1994
The workmen of Kettlewell Bullen & Co. claimed a customary bonus for the years 1974‑1977, arguing that the company had been paying a bonus since 1959, at a uniform rate of 10.5% of salary from 1965‑1973, before the Puja festival and irrespective of profits. The Industrial Tribunal held that this long‑standing, uniform,…
HARBILAS RAI BANSALversusSTATE OF PUNJAB AND ANR.
1995 INSC 8415 December 1995Appeal(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 that the classificat…
IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.
1996 INSC 12835 November 1996Disposed 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 opportunities to delete…
LUCKNOW DEVELOPMENT AUTHORITYversusM.K. GUPTA
1993 INSC 3655 November 1993
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 deficiency in service, delay…
RAM CHANDversusRANDHIR SINGH AND OTHERS
1994 INSC 4395 October 1994Appeal(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 right of pre‑emption …
BUDHWA ALIAS RAMCHARAN AND ORS.versusSTATE OF MADHYA PRADESH
1990 INSC 3025 October 1990Disposed off
The appellants were charged with murder, rioting and unlawful assembly under IPC ss. 147, 149 and 302 for the killing of Hanuwa, a villager, during a group rivalry. The prosecution’s case relied mainly on the testimony of the victim’s mother (PW‑1) and sister (PW‑5), who were close relatives and thus interested witness…
PATNA UNIVERSITYversusAWADH KJSHORE PD. YADAV AND ORS. ETC. ETC.
1994 INSC 1925 May 1994Appeal(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 Vice‑Chancellors consequent…
DY. COMMISSIONER OF SALES TAX (LAW), BOARD OF REVENUE(TAXES,) ERNAKULAMversusCOCO FIBRES
1990 INSC 3744 December 1990Appeal(s) allowed
The assessee, a registered dealer under the Kerala General Sales Tax Act, purchased coconut husks and converted them into coconut fibre, claiming that no manufacturing process was involved and thus the purchase value should not be taxed under Section 5A. The Sales Tax Officer and appellate authority disagreed, assessin…
COMMON CAUSE A REGD. SOCIETYversusUNION OF INDIA AND ORS.
1996 INSC 12744 November 1996
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 of the Constitution.…
THE CHANCELLOR AND ANR.versusDR. BIJYANANDA KAR AND ORS.
1993 INSC 3624 November 1993
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 to the Vice‑Chancello…
SHRI SANTOSH KUMAR AND ORS.versusTHE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT AND ANR.
1994 INSC 4364 October 1994Case Allowed
The petitioners sought a direction that the Central Board of Secondary Education (CBSE) include Sanskrit as an elective subject in its secondary school syllabus, arguing that Sanskrit, being an Eighth Schedule language, should be promoted under Article 351 of the Constitution. The Board opposed, contending that inclusi…
R. S. RAGHUNATHversusSTATE OF KARNATAKA AND ANR.
1991 INSC 2534 October 1991Appeal(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 claim, holding that…
ASHOK KUMAR THAKURversusSTATE OF BIHAR AND OTHERS
1995 INSC 5324 September 1995Case 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 per month, a gradua…
BOARD OF REVENUE, U.P. STATE OF U.P. AND ORS.versusM/S. ELECTRONIC INDUSTRIES OF INDIA, ISHWARI SINGH AND ANR.
1995 INSC 5334 September 1995Appeal(s) allowed
The Board of Revenue, Uttar Pradesh appealed against a judgment of the Allahabad High Court which had held that a mortgage deed of immovable property situated in an area covered by the U.P. Town Improvement Act was a deed of transfer but that the additional duty under Section 67‑H of that Act was not stamp duty and the…
DISTRICT MAGISTRATE AND ANR.versusR. KUMARAVEL
1993 INSC 2544 August 1993Appeal(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 Grabbers Act, 1982, a…
DARSHAN LAL MEHRA AND 23 OTHERSversusUNION OF INDIA AND OTHERS
1992 INSC 1914 August 1992Dismissed
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 classification of cinemas based…
JAY LAXMI SALT WORKS (P) LTD.versusTHE STATE OF GUJARAT
1994 INSC 1874 May 1994
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 God and barred it by l…
UNION OF INDIA AND ANR.versusSUDHIR KUMAR JAISWAL
1994 INSC 1884 May 1994
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 the cut‑off date wa…
BANK OF INDIAversusT.S. KELAWALA AND ORS.
1990 INSC 1924 May 1990Appeal(s) allowed
The Supreme Court considered two appeals involving Bank of India and a private company concerning wage deductions during industrial actions. In the first appeal, employees participated in a four‑hour strike covering crucial banking hours; the Bank had issued a circular stating that participants would forfeit the full d…
COMMON CAUSE-A REGISTERED SOCIETYversusUNION OF INDIA & ORS.
1996 INSC 4874 April 1996Case 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, Sections 13A, 139(48…
MAJOR GENERAL B.M. BHATTACHARJEE (RETD.)ANOTHERversusRUSSEL ESTATE CORPORATION AND ANR.
1993 INSC 414 February 1993Case Allowed
The petitioners, Major Genl. B.M. Bhatiacharjee (Retd.) and another, alleged that Russel Estate Corporation and its managing partner had allotted two flats on the 8th floor to third parties in violation of a Supreme Court order dated 1 August 1991 which prohibited any further allotment of flats. The respondents contend…
DAGI RAM PINDI LAL AND ANRversusTRILOK CHAND JAIN AND ORS.
1992 INSC 374 February 1992Appeal(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 of the Income Tax Ac…
SHRI R.R. BHANOTversusUNION OF INDIA AND ORS.
1994 INSC 24 January 1994Appeal(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 Delhi High Court qua…
UNION OF INDIAversusU.D. DWIVEDI ETC.
1996 INSC 14313 December 1996Dismissed
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 Administrative Tribunal held the …
STEEL AUTHORITY OF INDIA LIMITED AND OTHERS.versusSALEM STAINLESS STEEL SUPPLIERS AND ORS.
1993 INSC 3613 November 1993
The Steel Authority of India issued a price circular on 17 March 1989 offering an additional discount to any customer whose monthly off‑take of thinner gauge steel exceeded 400 metric tonnes. Six traders, after receiving a clarification letter dated 2 December 1989, formed a group and sought to avail the discount on th…
M. RAMASWAMY PILLAI (DEAD) BY LRS.versusHAZARATH SYED SHAH MIAN SAKKAF KHADIRI THAIKAL
1992 INSC 2343 September 1992Appeal(s) allowed
The plaintiff, a Wakf trustee, sued the tenant for possession of a plot in Thanjavur, alleging the tenant held over after a two‑year lease dated 17‑Nov‑1955 and had erected unauthorised structures. The tenant contended that he had been in occupation since 1942, that the 1955 deed was merely a renewal of an existing ten…
BIRENDRA KUMAR RAI ALIAS VIRENDRA KUMAR RAIversusUNION OF INDIA AND ORS.
1992 INSC 2353 September 1992Dismissed
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 (PITNDPS) was issued, c…