TATA PRESS LTD.versusMAHANAGAR TELEPHONE NIGAM LTD. AND ORS.
1995 INSC 4353 August 1995Appeal(s) allowed
Mahanagar Telephone Nigam Ltd. (the Nigam) and the Union of India claimed exclusive rights to publish the list of telephone subscribers under Rule 458 of the Indian Telegraph Rules, 1951, and sought to restrain Tata Press Ltd. from publishing its "Tata Press Yellow Pages" – a buyers' guide comprising paid advertisement…
KHANJAN PALversusSTATE OF U.P.
1990 INSC 2193 August 1990Appeal(s) allowed
Khanjan Pal was accused of stabbing his co‑worker Deep Singh to death in a factory. The trial court acquitted him, discarding eye‑witness testimony and finding reasonable doubt. On appeal, the Allahabad High Court accepted the witnesses, found Pal responsible for the death, and convicted him under Section 302 IPC (murd…
STATE BANK OF INDIA STAFF ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.
1996 INSC 4793 April 1996Dismissed
The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the Trade Unions Act, 1926 …
COMMISSIONER OF INCOME TAX, CALCUTTAversusBRAITHWAITE AND CO. LTD.
1993 INSC 793 March 1993Appeal(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 Act, 1964. The Income…
R.S.D.V. FINANCE CO. PVT. LTD.versusVALLABH GLASS WORKS LTD.
1993 INSC 333 February 1993Appeal(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 "Subject to Anand jurisdict…
PULIN BEHARI LALversusMAHADEB DUTTE AND ORS.
1993 INSC 373 February 1993Dismissed
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 rent default and unauth…
L. CHANDRA KUMARversusUNION OF INDIA AND OTHERS
1994 INSC 5722 December 1994Directions issued
The Supreme Court examined the validity of Section 5(6) of the Administrative Tribunals Act, 1985, and broader questions concerning the powers of administrative tribunals under Articles 323‑A and 323‑B of the Constitution. Relying on the earlier decision in S. P. Sampath Kumar v. Union of India, the Court observed that…
SHRI GOVIND PRASADversusSH. R.G. PRASAD AND ORS.
1993 INSC 3582 November 1993Disposed 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 years, and the High…
SHANTILAL KASHIBHAI PATELversusSTATE OF GUJARAT
1992 INSC 2982 November 1992Appeal(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 detect the money on t…
MAHISAGAR BHATHA CO-OPERATIVE AGRICULTURE SOCIETY LTD. BORSAD ETC. ETC.versusTHAKORE SHREE JAGDEVSINHJI RAMSINHJI (DEAD) BY L.RS. AND ANR. ETC. ETC.
1992 INSC 2302 September 1992Dismissed
The plaintiff, the late Thakore Jagdevsinhji, claimed ownership of land in Kothiakhad village (survey No.247) as private property under a 1948 merger agreement when his princely state merged with India. The State of Gujarat contended that the land vested in the State under Section 6 of the Bombay Taluqdari Tenure Aboli…
STATE OF MADHYA PRADESHversusSRIKANT CHAPHEKAR
1992 INSC 2312 September 1992Appeal(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 the Madhya Pradesh Ad…
NAVKIRAN SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.
1995 INSC 3842 July 1995Disposed off
A group of 17 practising advocates filed a letter‑petition under Article 32 of the Constitution, alleging that the Punjab police had kidnapped and possibly murdered several of their colleagues, including Ranbir Singh Mansahia, Jagwinder Singh, Kulwant Singh and Sukhwinder Singh Bhatti. The State of Punjab replied that …
RASHTRIYA CHINI MILLS ADHIKARI PARISHAD, LUCKNOWversusTHE STATE OF U.P. AND OTHERS
1995 INSC 3852 July 1995Appeal(s) allowed
The petitioners, Rashtriya Chini Mills Adhikari Parishad, challenged a Uttar Pradesh Government order to sell six sugar factories by filing a writ petition under Article 226 before the Lucknow Bench of the Allahabad High Court. The Division Bench held that the Lucknow Bench lacked jurisdiction because only one factory …
BRAMCHARI SIDHESWAR BHAI AND ORS. ETC.versusSTATE OF WEST BENGAL ETC.
1995 INSC 3822 July 1995Dismissed
The Ramakrishna Mission established a degree college at Rahra with financial assistance from the State and Union governments, and the college was administered by a governing body constituted by the Mission, not the standard pattern prescribed for sponsored colleges. A dispute arose when the teachers' council struck and…
NAND KISHORE MEHRAversusSUSHILA MEHRA
1995 INSC 3832 July 1995Appeal(s) allowed
The husband, Nand Kishore Mehra, filed a suit in the Delhi High Court seeking relief concerning properties he alleged were purchased benami in his wife Sushila Mehra's name. The wife moved to have the plaint rejected on the ground that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988.…
S. RAMESH AND ANR.versusSTATE OF KARNATAKA AND ANR.
1995 INSC 3862 July 1995Appeal(s) allowed
The Supreme Court examined the Karnataka Forest Department Services (Recruitment) Rules, 1987, specifically the proviso to the Note in Schedule to Rule 2, to determine when a Range Forest Officer becomes eligible to be sent for a Diploma Course in Forestry. Two Range Forest Officers, S. Ramesh and N. Shivaraju, had eac…
F.S. GANDHI (DEAD) BY LRS.versusCOMMISSIONER OF WEALTH TAX, ALLAHABAD
1990 INSC 1732 May 1990Appeal(s) allowed
F.S. Gandhi, the deceased, owned several lease‑hold properties in Allahabad. The leases expired in 1958 and 1963 and the Government of Uttar Pradesh served notices to vacate, but the assessee continued to occupy the premises under a month‑to‑month tenancy and collected rent. The Wealth Tax Officer, the Appellate Assist…
STATE OF BIHAR ETC. ETC.versusP.P. SHARMA, IAS AND ANR.
1991 INSC 842 April 1991Appeal(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 the purchase of sub‑s…
OM PRAKASH AND ORS.versusSMT. SUNHARI DEVI AND ORS.
1993 INSC 742 March 1993Appeal(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 decision, holding the need…
U.P. FINANCIAL CORPORATIONversusGEM CAP (INDIA) PVT. LTD. AND ORS.
1993 INSC 752 March 1993Appeal(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 lakhs, prompting the co…
STATE OF KARNATAKAversusAPPA BALU JNGALE AND ORS.
[1992] SUPP. 3 S.C.R. 2841 December 1992Appeal(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 water from a newly dug b…
MURARI AND ORS.versusUNION OF INDIA AND ORS.
1996 INSC 12661 November 1996Dismissed
The Supreme Court examined the acquisition of several thousand acres of land for the planned development of Delhi under the Land Acquisition Act, 1894, where notifications under Section 4 were issued between 1959 and 1965 and declarations under Section 6 between 1966 and 1969, but awards were delayed until 1979‑83. The…
HOUSING BOARD HARYANAversusHOUSING BOARD COLONY WELFARE ASSOCIATION AND ORS.
1995 INSC 5241 September 1995Appeal(s) allowed
The Housing Board of Haryana issued additional price demands to allottee families after a land price escalation, which the allottee association contested before the District Consumer Forum. The Forum quashed the Board's demand and the Board appealed to the State Commission, which dismissed the appeal as time‑barred und…
UJJAGAR SINGH (DEAD) BY LRS. ETC.versusTHE COLLECTOR, BHATINDA AND ANR. ETC.
1996 INSC 8131 August 1996Appeal(s) allowed
Ujjagar Singh (deceased) held 218 kanals of land that were declared surplus under the Pepsu Tenancy Agricultural Lands Act, 1955, but the State never took possession of the land. When the Punjab Land Reforms Act, 1972 came into force, fresh proceedings were initiated to declare the same land surplus and to take possess…
GURJA BEDIA AND ORS.versusSTATE OF BIHAR
1990 INSC 2151 August 1990Appeal(s) allowed
The appellants, three brothers, were convicted under IPC sections 302, 394 and 34 for the murder of Bigna Bedia and robbery of his house. The sole eye‑witness, the victim's wife (PW‑14), claimed to have identified the accused but later said she was unconscious until the police arrived, casting doubt on her testimony. T…
MAHARASHTRA RAJYA MATHADI TRANSPORT AND CENTRAL KAMGAR UNIONversusSTATE OF MAHARASHTRA AND ORS.
1995 INSC 3161 May 1995
The dispute concerned whether Hundekaris, who act as clearing agents in vegetable markets, could be registered as "employers" under Clause 14 of the Vegetable Markets Unprotected Workers (Regulation of Employment and Welfare) Scheme, 1985, made under the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969. Th…
SRI R.N.A. BRITIOversusTHE CHIEF EXECUTIVE OFFICER AND ORS.
1995 INSC 3191 May 1995Appeal(s) allowed
R.N.A. Britto, appointed as Secretary of the Bajpe Panchayat under the Karnataka Village and Local Boards Act, 1959, was terminated by a memo dated 4 November 1986. He challenged the termination before the Karnataka Administrative Tribunal, which dismissed his petition on the ground that he was not a civil servant of t…
CITIZENS FOR DEMOCRACYversusTHE STATE OF ASSAM AND ORS.
1995 INSC 3201 May 1995Appeal(s) allowed
A journalist, writing as President of Citizens for Democracy, petitioned the Supreme Court under Article 32 alleging that seven TADA detainees lodged in Guwahati Medical College Hospital were handcuffed and tied with ropes, violating their constitutional rights. The State of Assam countered, claiming a high risk of esc…
DR. B.L. WADEHRAversusUNION OF INDIA AND ORS.
1996 INSC 3521 March 1996Disposed off
Dr. B.L. Wadehra filed a writ petition under Article 32 of the Constitution seeking directions to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC) to perform their statutory duties of collecting, removing and disposing of garbage and other waste. The petition highlighted the severe po…
STATE OF M.P.versusMAHALAXMI FABRIC MILLS LTD. AND ORS.
1995 INSC 891 February 1995Disposed off
The Supreme Court examined petitions by the State of Madhya Pradesh and the Union of India challenging a 1991 notification that raised royalty rates on coal under Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioners argued that Section 9(3) was an unconstitutional delegation of…